4307 rezone 2580 French Ave Ordinance No. 4307
An ordinance of the City of Sanford, Florida providing for the
rezoning of real property totaling 0.254 acre in size (portion of Tax
Parcel Identification Number 01-20-30-504-1400-0010) within the City
Limits (map of the property attached) from Single Family Residential
("SR-1") to General Commercial ("GC-2"); providing for the taking of
implementing administrative actions; providing for the adoption of a
map by reference; repealing all conflicting ordinances; providing for
severability; providing for non-codification and providing for an
effective date.
Whereas, Long Far, Inc. is the owner of certain real property, which land totals
approximately 0.254 acre in size, is located at 2580 French Avenue, is located on the
southwest corner of the intersection of French Avenue (United Stated Highway 17/92)
and Osceola Drive, and is assigned Tax Parcel Identification 01-20-30-504-1400-0010
by the Property Appraiser of Seminole County (being a portion of that Parcel); and
Whereas, Bryan L. Zarlenga, P.E., of Cardno TBE, applied, on behalf of the
owner, to the City of Sanford, pursuant to the controlling provisions of State law and the
Code of Ordinances of the City of Sanford, to have the subject property rezoned to the
General Commercial ("GC-2") zoning classification/district from the existing Single
Family Residential ("SR-1") zoning classification/district; and
Whereas, the City's Planning and Development Services Department has
conducted a thorough review and analysis of the demands upon public facilities and
general planning and land development issues should the subject rezoning application
be approved and has otherwise reviewed and evaluated the application to determine
whether is comports with sound and generally accepted land use planning practices
and principles as well as whether the application is consistent with the goals, objectives
and policies set forth in the City's Comprehensive Plan; and
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Whereas, the Citizen's Awareness Participation Plan (CAPP) requirements of
the City relative to the proposed rezoning have been met by the applicant to the
satisfaction of the City and the CAPP procedures of the City have been adhered to and
honored with the applicant and owner being willing to meet with any concern citizen or
stakeholder should they have any questions or concerns regarding the application and
proposed use of the subject property; and
Whereas, on October 3, 2013 the Planning and Zoning Commission of the City
of Sanford recommended that the City Commission approve the subject rezoning as set
forth in this Ordinance; and
Whereas, professional City planning staff, the City's Planning and Zoning
Commission and the City Commission have determined that the proposed the rezoning
of the subject property as set forth in this Ordinance is consistent with the
Comprehensive Plan of the City of Sanford, the land development regulations of the
City of Sanford, and the controlling provisions of State law; and
Whereas, the City Commission of the City of Sanford, Florida has taken, as
implemented by City staff, all actions relating to the rezoning action set forth herein in
accordance with the requirements and procedures mandated by State law.
Now, therefore, be in enacted by the People of the City of Sanford, Florida:
Section 1. Legislative Findings and Intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the City staff report and City Commission agenda
memorandum relating to the application relating to the proposed rezoning of the subject
property as well as the recitals (whereas clauses) to this Ordinance.
21Page
(b). The subject property, which is 0.254 acre in size, is located at 2580
French Avenue, is located on the southwest corner of the intersection of French
Avenue (United Stated Highway 17/92) and Osceola Drive, and is assigned Tax Parcel
Identification 01-20-30-504-1400-0010 by the Property Appraiser of Seminole County
(being a portion of that Parcel).
(c). The property owner intends to develop the subject property for use as a
retail automotive parts commercial use and has stated that it will adhere to all City land
development regulations including, but not limited to, the requisite buffering techniques
necessary to harmonize the use with existing residential uses in the area.
(d). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
Section 2. Rezoning of Real Property/Implementing Actions.
(a). Upon enactment of this Ordinance the following described property, as
depicted in the map attached to this Ordinance, and totaling 0.254 acre in size, shall be
rezoned from the Single Family Residential ("SR-1") zoning classification/district to the
General Commercial ("GC-2") zoning classification/district:
A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 20 SOUTH,
RANGE 30 EAST, CITY OF SANFORD, SEMINOLE COUNTY, FLORIDA,
NAMELY: LOTS 21 AND 22 (LESS ROAD), BLOCK 14, PLAT OF
DREAMWOLD AS RECORDED AT PLAT BOOK 3, PAGE 90 OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY. THE ABOVE DESCRIBED
LAND CONTAINS 0.254 ACRE MORE OR LESS. (TAX PARCEL
IDENTIFICATION NUMBER: 01-20-30-504-1400-0010 (PORTION OF)).
(b). The City Manager, or designee, is hereby authorized to execute any and
all documents necessary to formalize approval of the rezoning action taken herein and
to revise and amend the Official Zoning Map or Maps of the City of Sanford as may be
3IPage
appropriate to accomplish the action taken in this Ordinance.
(c). Conditions of development relating to the subject property may be
incorporated into the subsequent pertinent development orders and such development
orders may be subject to public hearing requirements in accordance with the provisions
of controlling law including, but not limited to, buffering of uses.
Section 3. Incorporation of Map. The map attached to this Ordinance is
hereby ratified and affirmed and incorporated into this Ordinance as a substantive part
of this Ordinance.
Section 4. Conflicts. All ordinances or part of ordinances in conflict with this
Ordinance are hereby repealed
Section 5. Severability. If any section, sentence, phrase, word, or portion of
this Ordinance is determined to be invalid, unlawful or unconstitutional, said
determination shall not be held to invalidate or impair the validity, force or effect of any
other section, sentence, phrase, word, or portion of this Ordinance not otherwise
determined to be invalid, unlawful, or unconstitutional.
Section 6. Non-codification. This Ordinance shall be not be codified in the
City Code of the City of Sanford or the Land Development Code of the City of Sanford;
provided, however, that the actions taken herein shall be depicted on the zoning maps
of the City of Sanford by the City Manager, or designee.
41Page
Section 7. Effective Date This Ordinance shall take effect immediately upon
enactment.
Passed and adopted this 18th day of November, 2013.
Attest: City Commission of the City of
Sanford, Florida
Afar
Cynthi Porter, City Clerk Jeff Triplett, M':�,=
Approved as to form and legal sufficiency. '
77ZZ-A■0,•
William L. Colbert, City Attorney
51Page
71NfO1th WS RM X
Item No. l on Cz7
—1877-4
CITY COMMISSION MEMORANDUM 13.230
NOVEMBER 18, 2013 AGENDA
To: Honorable Mayor and Members of the City Comm' sion
PREPARED BY: Cynthia Porter, City Clerk
SUBMITTED BY: Norton N. Bonaparte, Jr., Cit anager
SUBJECT: Rezone 0.254 acre at 2508 French Avenue GC-2, General Commercial
THIS IS A QUASI-JUDICIAL MATTER AND, AS SUCH, REQUIRES
DISCLOSURE OF ALL EX-PARTE COMMUNICATIONS,
INVESTIGATIONS, SITE VISITS AND EXPERT OPINIONS REGARDING
THIS MATTER.
SYNOPSIS:
Ordinance No. 4307 to rezone 0.254 acre located at 2508 French Avenue from SR-1, Single
Family Residential to GC-2, General Commercial, is being considered for second reading and
adoption.
FISCAL/STAFFING STATEMENT:
Based on the 2012 property tax roll of Seminole County, the subject property is assessed as
restaurant with a value of$509,580. The total tax bill for the property in 2012 was $10,390. The
future land use amendment associated with this property will provide a standard commercial
designation on the entire parcel.
No additional staffing or City resources are required if the subject property is rezoned.
BACKGROUND:
The property located at 2508 French Avenue is on the southwest corner of the intersection of
French Avenue (US 17-92) and Osceola Drive. A 0.254 acre portion of the 1.072 acre property is
currently zoned SR-1, Single Family Residential. Concurrent with this rezone request, the
applicant has submitted an application for a small scale comprehensive plan land use amendment
to GC, General Commercial. The site is currently developed as a commercial property. The
property owner intends to develop the subject property for use as a retail automotive parts
commercial use and has stated that it will adhere to all City land development regulations
including, but not limited to, the requisite buffering techniques necessary to harmonize the use
with existing residential uses in the area.
The small scale comprehensive plan land use amendment and subsequent rezone are generally
consistent with the City's comprehensive plan. The rezone resolves a mapping issue by
eliminating a split zoning on a parcel. It will also allow the redevelopment of a site which has had
Page 1 of 2
a continual commercial use since the 1970's. As part of the Citizens Awareness Participation Plan
the applicant has contacted the adjacent residential property owner. A summary CAPP report is
attached.
On October 3, 2013, the Planning and Zoning Commission recommended unanimously for the
City Commission to adopt an ordinance to rezone 0.254 acre 2508 French Avenue to GC-2,
General Commercial.
On October 28, 2013, the City Commission approved the first reading of Ordinance No. 4307 as
recommended by the Planning and Zoning Commission.
The City Clerk published notice of this public hearing in the Sanford Herald on October 27, 2013.
LEGAL REVIEW:
The Assistant City Attorney has reviewed this item.
RECOMMENDATION:
It is staff's recommendation that the City Commission adopt Ordinance No. 4307 to rezone 0.254
acre at 2508 French Avenue from SR-1, Single Family Residential to GC-2, General Commercial
subject to approving the comprehensive land use amendment that would change the future land use
map for the subject property to GC, General Commercial.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4307 to rezone 0.254 acre at 2508 French Avenue from SR-1,
Single Family Residential to GC-2, General Commercial subject to the future land use map being
amended to GC, General Commercial."
Attachments: Project Information Sheet(2 pages)
Site Vicinity Map/Aerial Map
Affidavit of Ownership (2 pages)
CAPP Report(2 pages)
Ordinance No. 4307 (5 pages)
Page 2 of 2
301\I' PROJECT INFORMATION-- 2508 FRENCH AVENUE — REZONE
Requested Action: Rezone 0.254 acre from SR-1, Single Family Residential to GC-2, General Commercial
Proposed Use: Retail -Automotive Parts
Project Address: 2508 French Avenue
Current Zoning: SR-1, Single Family Residential(portion)
Proposed Zoning: GC-2, General Commercial
Current Land Use: Vacant Commercial
Tax Parcel Number: 01-20-30-504-1400-0010 (portion of)
Legal Description: LEG LOTS 21 and 22 (LESS RD)BLK 14 DREAMWOLD PB 3 PG 90
Site Area: 0.254 acre(1.072 total site acreage)
Property Owner: Long Far, Inc.
c/o Daniel Yang
200 E. 16th Street,Apartment 1I)
New York,New York 10003
Phone: 646.567.8517
Applicant/Agent Bryan L. Zarlenga, PE-Cardno TBE
380 Park Place Boulevard
Clearwater, Florida 33759
Phone: 727.431.1605 Fax: 727.431.1777
CAPP: A CAPP report is attached
Commission District: District 2—Commissioner Velma Williams
COMPREHENSIVE PLAN COMPLIANCE REVIEW
Planning staff has reviewed the request and has determined it to be consistent with elements of the Goals,
Objectives and Policies of the Comprehensive Plan as adopted by the City Commission.
Proposed Land Use: Retail—Automotive Parts
Existing Land Use: Vacant Commercial
Surrounding Uses and Zoning:
Uses Zoning
North BP Gasoline Service Station GC-2, General Commercial
South Captain D's Restaurant GC-2, General Commercial
East Retail Shopping Center GC-2, General Commercial
West Single Family Residential SR-1, Single Family Residential
Page 1 of 2
CONCURRENCY
Concurrency is a finding that public facilities and services necessary to support a proposed development are
available, or will be made available, concurrent with the impacts of the development. The concurrency facilities
evaluated by the City of Sanford include the following:
Drainage: The project shall comply to and be engineered to the adopted 25 Year, 24 Hour LOS/Storm
Event. Note, the Land Development Regulations allows the Administrative Official to increase
the design frequency standard if deemed necessary.
Roadways: Per a trip generation report provided by the applicant, the average daily trip estimated for this
project is 433 trips per day. This project is located within a Transportation Concurrency
Exception Area (TCEA). Transportation concurrency requirements shall not apply to
development or redevelopment within the TCEA.
Water: Water services will be provided by the City of Sanford.
Sewer: Sewer services will be provided by the City of Sanford.
LOS standard Project Demand Facility Capacity
Potable Water: 144 gal/capita/day 1,100 gals/day* 10.51 MGD*
Sanitary Sewer: 132 gal/capita/day 935 gals/day* 7.3 MGD
Solid Waste: 2.46 lbs/capita/day 40 lbs/day* 21.5 million tons
* Provided by applicant
T:\Development Review\03-Land Development\2013\2508 French Ave - O'Reilly Auto Parts\Rezone\Project Info Sheet - Rezone - O'Reilly - 2508
French.doc
Page 2 of 2
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Designation of Agent
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1.Ownership
1,Daniel Yang • ,hereby attest to ownership of the property described below:
Tax Parcel No(s):01-20-30-504-1400-0010
Address of property:2508 French Avenue,Sanford,FL 32771
for which this Comprehensive Plan Amendment {t+ , (.t lc»-V--aPi?iication Is submitted to the City of Sanford.
The ownership,as shown on the deed of record,is in the name of:
Long Far Inc.
Please complete the appropriate section below(type or print legibly)
❑ Individual ® Corporation ❑ Partnership
I
Name:Long Far,Inc. Name:
Provide Names of Officers Provide Names of General Partners
Daniel Yang,President
Philip Yang,VP
Brian Yang,VP
Dept.of State Corporate Registration
Number:
593729959
Name/Address of Registered Agent:
William H.Morrison
7100 S.Highway 17-92
Fern Park,FL 32730
II.Designation of Applicant's Agent (Leave blank If not applicable):
As the owner/applicant of the above designated property for which this affidavit is submitted,I designate the below named individual as my
agent in all matters pertaining to the application process.In authorizing the agent named below to represent me,or my company,I attest that
the application Is made in good faith and that all Information contained In the application is accurate and complete to the best of my personal
knowledge. ?
� Prins Name Bryan Zarlenga•-Cr o T .,�
Applicanre Agent:.
��Ath'4�
Applicant's Address:380 Park Place Blvd.,Clearwater,FL 33759
Bryan Zarietga - Aft ONO TINE<o �+
Contact Person: Phone:727.431-1547
727-431-1777 Email:hryart.zarlengaQcardnotbe.cont Fax:
AlfdrrAdOnncreNppd!
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III. Notice to Owner
A. All changes in Ownership and/or Aplicant's Agent prior to final action of the City shall require a new affidavit. If ownership changes,the
new owner assumes all obligations related to the filing application process.
B. if the Owner intends for the authority of the Applicant's Agent to be limited in any manner, please Indicate the limitation(s)below.(I.e.,
limited to obtaining a certificate of concurrency;limited to obtaining a land use compliance certificate;etc.)
' I l i a a . a; ; i 1 11:a .i e . CI' a I I! ' .1 1 e lr a '1'a ' : 1 .1 .11'a a 11:1 :l a
rezonings
IV.Acknowledgement
❑ individual ® Corporation ❑ Partnership
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Pelt Corporalont ame Pent Partnestip Name
By:: .Ifirira By:
Signature rgnature S?gnature
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Address: Address:.Z� 6 16 r' T r i. Address:
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Phone: Phone: b yL •5-46 7•8. i Phone: .
Please use appropriate notary block
STATE OF
COUNTY OF
❑ Individual El Corporation ❑ Partnership
Before me this day of Before m2 this 22 R t/day of Before me this day of
,20_,personalty ✓ld 20.11 personally ,20_,personally
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appeared., ____appeared' wlJiut&/ 1�AP&__ appeares
who executed the foregoing instru- as Pas/ t C"rJ f partner/agent on behalf of
ment,and acknowledged before me for /--ON (Y r/}IC, 4-
that same was executed for the a L it re-Cog-10-1 fi it) a partnership, who executed the
purposes therein expressed. (I.e.:corporation, company, etc.) foregoing instrument and acknowl-
and acknowledged before me that edged before me that same was
same was executed for the purposes executed for the purposes therein
therein expressed. expressed.
Luba Kerod
Notary Public State of New York
No.01KE4818017
Personally known❑or Qualified in tuts of sj -.,reM (.?t,
Produced Identification Q Commission Expires January 20,dp t5 —
Type of identification produced: Erin!
Signature of Notary �/
12-I 1 S tj f'Cr1SC (NOTARY STAMP) Narie: &/ 0
My commission expires:/(t It 112'J✓ Notary Pubric
October 2009 Atr4atiil of OSn.rsh'p pet
0 Reilly AUTO PARTS.,
PROFESSIONAL PARTS PEOPLE P.O. Box 1156 f 233 S. Patterson
Springfield, MO 65801 •—•••�—..�
Phone(417)-862-3333
www,oreil/yauto.com
Sender's direct dial#417-862-2674 ext.741 1
Sender's direct fax#417-829-5726
hajones@oreillyauto.com
September 10, 2013
Via:email:mary.moskowitz @sanfordfl.gov
City of Sanford
Planning and Development Services
Attn: Mary Moskowitz
300 North Park Avenue
Sanford,FL 32771
Re: Rezone and Land Use Amendment located at 2508 French Ave.
O'Reilly Reference: Sanford, FL(SDI)
Dear Mary:
This is with reference to the above subject property. As desired by the City of Sanford Planning and
Development Department.
A Notice to Owners of Affected Property was sent to adjoining residential owners via US Certified
Return Receipt Mail on September 4,2013. Adjoining property owners were notified of the Public
Hearing that will take place at the City Hall on or around October 3 in reference to O'Reilly's request
for the rezone and Land Use Amendment. A list of notified owners is attached hereto.
Property owners were given the option to comment via letter,telephone or written notice prior to the
Public Hearing. To date, no response has been received.
If you have any questions,concerns, or need additional information please feel free to contact me.
Very truly yours,
O'REILLY AUTOMOTIVE STORES, INC.
7
Holly Jon
Paralegal
Enclosures
/hj
RIGHT PART, RIGHT PRICE GUARANTEE!
Sanford FL(SD1)
Adjoining Residential Property Owner's notified of rezone and land use amendment
• NET LEASE FUNDING 2005 LP
CIO CAPTIAL SOLUTIONS
PO BOX 961023
FORT WORHT,TX 76161
• MARY TERWILLEGER
2519 HIAWATH AVE.
SANFORD,FL 32773