4378 Rezone 800 Meisch rdOrdinance No. 2016 -4378
An ordinance of the City of Sanford, Florida providing for the rezoning
of real property totaling 9.33 acres in size (Tax Parcel Identification
Number 26 -19 -30 -5AE- 2900 -0000 within the City Limits (map of the
property attached) from the Agriculture ( "AG ") to City Restricted
Industrial ("RI-1"); 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, J & K Sanford, LLC, whose address is 215 Clermont Road, Lake Mary,
Florida 32746, is the owner of certain real property, which land totals approximately 9.33
acres in size, which real property is located at 800 Meisch Road and is assigned Tax
Parcel Identification Number 26 -19 -30 -5AE- 2900 -0000 by the Property Appraiser of
Seminole County; and
Whereas, Michael J. Wojtuniak, P.E.; Project Manager; EPI — Engineered
Permits, Inc.; 311 South Woodland Boulevard, Suite A; Deland, Florida 32720, 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 City's Restricted Industrial ( "RI -1 ") zoning classification /district from the
existing Agriculture ( "AG ") 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
Whereas, the existing single family structure will be demolished in order to
develop new warehouse buildings with office and other supporting uses; and
Whereas, on June 2, 2016 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 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, the
Redevelop and Revitalize Disadvantaged Communities strategic priority of the City, 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 it 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.
(b). The subject property, which is 9.33 acres in size, is located at 800 Meisch
Road, and is assigned Tax Parcel Identification Number 26- 19- 30 -5AE- 2900 -0000 by the
211'z`f_
Property Appraiser of Seminole County.
(c). 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 is 9.33 acres in size, shall be
rezoned from the Agriculture ("AG") zoning classification/district to the City's Restricted
Industrial ("RI-1 ") zoning classification /district:
Block 29 (Less Road), M M SMITHS SUBDIVISION, Plat Book 1, Page 55,
Public Records of Seminole County. (Tax Parcel Identification Number:
26-19-30-5AE-2900-0000.)
(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
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 development permits
and such development orders and development permits may be subject to public hearing
requirements in accordance with the provisions of controlling law.
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 (LDR) 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.
Section 7. Effective Date This Ordinance shall take effect immediately upon
enactment.
Passed and adopted this 27th day of June, 2016.
Attest:
City Commissionil of the City of
Sanford, Florjla
Cynthia Porter, City Clerk Jeff Triplett,
Approved as to form and legal sufficiency.
William L. Colbert, City Attorney
411:1a -,e
i
CITY COMMISSION MEMORANDUM 1 6213
.TUNE 2'7, 2016 AGENDA,
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Cynthia Porter, City Clerk
Eileen Hinson, AICP — Deve pment Serv�j,_�ger
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manama
SUBJECT: Request to Rezone 9.33 acres from AG, culture to RI -1, Restricted
Industrial at 800 Meisch Road
THIS IS A QUASI - JUDICIAL MATTER ND, AS SUCH, REQUIRES
DISCLOSURE OF ALL EX PARTS COM NICATIONS, INVESTIGATIONS,
SITE VISITS AND EXPERT OPINIONS REGARDING THIS MATTER.
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
® Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Ordinance No. 4378, to rezone 9.33 acres located at 800 Meisch Road from AG, Agriculture to
RI -1, Restricted Industrial, is being submitted for second reading and adoption.
The property owner is J & K Sanford, LLC. The applicant is Michael J. Wojtuniak, P.E of EPI —
Engineered Permits, Inc. who was responsible for completing the required CAPP meeting.
The Affidavit of Ownership and Designation of Agent form is attached and other information is
available in order to ensure that all potential conflicts of interests are capable of being discerned.
FISCALISTAFFING STATEMENT:
According to the Property Appraiser's records, the subject property has a single family residence
constructed in 1958. Based on the 2015 property tax roll, the existing property has an assessed
value of $131,552. The total tax bill for the property in 2015 was $2,677. Rezoning to RI -1,
Restricted Industrial would be the next step in facilitating new non - residential construction and
additional taxes to the City.
BACKGROUND:
The 9.33 acre site is located at the northwest quadrant of Meisch Road and St. Johns Parkway. The
property, at the time of this report, has a vacant single family residence on site. The applicant
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proposes to remove the residence as part of the redevelopment. The purpose of the redevelopment
is for the relocation of Del Air Electrical currently located within the City of Sanford.
The property is currently zoned AG, Agriculture. The applicant has petitioned to rezone the
property from the current AG, Agriculture to RI -1, Restricted Industrial for future industrial
development. Although not required, the applicant has provided a conceptual development plan
to better understand the proposed development.
The rezone of the property from AG, Agriculture to RI -1, Restricted Industrial supports the
Redevelop and Revitalize Disadvantaged Communities strategic priority. The existing single
family structure will be demolished in order to develop new warehouse buildings with office and
other supporting uses.
On June 2, 2016, the Planning and Zoning Commission, serving as the City's Local Planning
Agency, conducted a public hearing and determined that the proposed rezone from AG,
Agriculture to RI -1, Restricted Industrial to be consistent with the goals, objectives and policies
of the City's Comprehensive Plan. Accordingly, the Planning and Zoning Commission
recommended that the City Commission adopt an ordinance to rezone 9.33 acres with a project
address of 800 Meisch Road from AG, Agriculture to RI -1, Restricted Industrial.
The City Commission approved the first reading of Ordinance No. 2016 -4378 on June 13, 2016.
The City Clerk published notice of the public hearing in the Sanford Herald on June 12, 2016.
LEGAL REVIEW:
The City Attorney has reviewed the staff report and has noted the following: Section 166.033, Florida
Statutes, provides as follows (please note emphasized text):
"(1) When reviewing an application for a development permit that is certified by a professional listed
in s. 403.0877, a municipality may not request additional information from the applicant more
than three times, unless the applicant waives the limitation in writing. Before a third request for
additional information, the applicant must be offered a meeting to attempt to resolve outstanding
issues. Except as provided in subsection (4), if the applicant believes the request for additional
information is not authorized by ordinance, rule, statute, or other legal authority, the
municipality, at the applicant's request, shall proceed to process the application for approval or
denial.
(2) When a municipality denies an application for a development permit, the municipality
shall give written notice to the applicant. The notice must include a citation to the
applicable portions of an ordinance, rule, statute, or other legal authority for the denial of
the permit.
(3) As used in this section, the term "development permit" has the same meaning as in s. 163.3164,
but does not include building permits.
(4) For any development permit application filed with the municipality after July 1, 2012, a
municipality may not require as a condition of processing or issuing a development permit that
an applicant obtain a permit or approval from any state or federal agency unless the agency has
issued a final agency action that denies the federal or state permit before the municipal action
on the local development permit.
(5) Issuance of a development permit by a municipality does not in any way create any right on the
part of an applicant to obtain a permit from a state or federal agency and does not create any
liability on the part of the municipality for issuance of the permit if the applicant fails to obtain
Page 2 of 3
requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes
actions that result in a violation of state or federal law. A municipality shall attach such a
disclaimer to the issuance of development permits and shall include a permit condition that all
other applicable state or federal permits be obtained before commencement of the development.
(6) This section does not prohibit a municipality from providing information to an applicant
regarding what other state or federal permits may apply."
The above - referenced definition of the term "development permit" is as follows:
"(16) 'Development permit' includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or any other official action of local
government having the effect of permitting the development of land." (Section 163.3164(16),
Florida Statutes).
Thus, if this application is denied, a denial development order must be issued which must cite to the
applicable portions of each ordinance, rule, statute, or other legal authority supporting the denial of the
application. For example, if a goal, objective or policy of the Sanford Comprehensive Plan were to be
the basis for a denial, then such goal, objective or policy must be part of the motion proposing the
denial. A denial development order would be drafted to implement the actions of the Planning and
Zoning Commission in the event of such occurrence. Accordingly, any motion to deny must state, with
particularity, the basis for the proposed denial.
The term "development order" is defined as follows and, as can be seen, refers to the "granting,
denying, or granting with conditions [ofd an application"
"(15) `Development order' means any order granting, denying, or granting with conditions an
application for a development permit." (Section 163.3164(15), Florida Statutes).
RECOMMENDATION:
The Planning and Zoning Commission, per the recommendation of staff, recommends that the City
Commission enact an ordinance to rezone 9.33 acres with a project address of 800 Meisch Road
from AG, Agriculture to RI -1, Restricted Industrial based on the request being consistent with the
Future Land Use designation.
Additional comments or recommendations may be presented by staff at the meeting.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2016 -4378 to rezone 9.33 acres with a project address of 800
Meisch Road from AG, Agriculture to RI -1, Restricted Industrial as recommended by Staff and
the Planning and Zoning Commission, based on the request being consistent with the Future Land
Use designation."
Attachments: Project Information Sheet
Site Vicinity Map /Aerial Map
Affidavit of Ownership
Conceptual Site Plan
Property Survey
Ordinance No. 2016 -4378
T: \Development Review \03 -Land Development\2016 \800 Meisch Road - Del- Air \CC Memo - 800 Meisch Road - Rezone AG -RI I.docx
Page 3 of 3
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PROJECT INFORMATION - 800 MEISCH ROAD
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Requested Action: Request to Rezone from AG, Agriculture to RI -1, Restricted Industrial
Proposed Uses: Industrial (Warehouse, Storage, Manufacturing, Distribution, Wholesale)
Project Address: 800 Meisch Road
Current Zoning: AG, Agriculture
Proposed Zoning: RI -I, Restricted Industrial
Current Land Use: Vacant
Tax Parcel Number: 26- 19- 30 -5AE- 2900 -0000
Legal Description: Block 29 (Less Road), M M Smiths Subdivision, PB 1 PG 55
Site Area: 9.33 acre
Property Owner: J & K Sanford, LLC
215 Clermont Road
Lake Mary, Florida 32746
Applicant: Michael J. Wojtuniak, P.E. — Project Manager
EPI — Engineered Permits, Inc.
311 South Woodland Boulevard, Suite A
Deland, FL 32720
Phone: 386.734.0830
Commission District: District 2 — Commissioner Velma Williams
COMPREHENSIVE PLAN COMPLIANCE REVIEW
Planning staff has reviewed the request and has determined the use and proposed improvements to be
consistent with the Goals, Objectives and Policies of the Comprehensive Plan.
Future Land Use: WIC — Westside Industry and Commerce
Existing Land Use: Vacant
Surrounding Uses and Zoning:
Zoning
RI -1, Restricted Industrial
A -1, Agriculture (Unincorporated Seminole County)
RI -1, Restricted Industrial
A -1, Agriculture (Unincorporated Seminole County)
RI -1, Restricted Industrial
T:\Development Review \03 -1-and Development\2016 \800 Meisch Road - Del- AiAPROJECT INFORMATION - 800 Meisch Road - Rezone.doc
Page 1 of I
Uses
North
Vacant Land — Aero Industrial Park
Single Family Residence
South
Atlas Southeast Paper
East
Agriculture
West
Quality Fabrication and Supply/
Wiginton Fire Sprinklers
Zoning
RI -1, Restricted Industrial
A -1, Agriculture (Unincorporated Seminole County)
RI -1, Restricted Industrial
A -1, Agriculture (Unincorporated Seminole County)
RI -1, Restricted Industrial
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P lx�� AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
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Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
1. Ownership
1, J & K Sanford, LLC hereby attest to ownership of the property described below:
Tax Parcel Number(s): 26-19-30 -5AE- 2900 -0000
Address of Property: 800 Meisch Road, Sanford, FL 32771
for which this Rezoning
II. Designation of Applicant's Agent (leave blank if not applicable)
application is submitted to the City of Sanford.
As the owner /applicant of the above designated property for which this affidavit is submitted, 1 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 ' the application is accurate and
complete to the best of my personal knowledge. /
Applicant's Agent (Print): Michael Wojtuniak Signature: {`'� ---
Agent Address: 311 -A S. Woodland Blvd. Deland, FL 32720
Email: mwojtuniak @epieng.net Phone: 386- 734 -0830
111. Notice to Owner
Fax: 386- 734 -8226
A. All changes in Ownership and/or Applicant'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 limitations(s)
below. (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc.)
The owner of the real property associated with this application or procurement activity is a (check one)
o Individual o Corporation o Land Trust ❑ Partnership a Limited Liability Company
o Other (describe):
1. List all natural persons who have an ownership interest in the property, which is the subject matter of this petition, by name and
address.
2. For each corporation, list the name, address, and title of each officer; the name and address of each director of the corporation;
and the name and address of each shareholder who owns two percent (2 %) or more of the stock of the corporation. Shareholders
need not be disclosed if a corporation's stock are traded publicly on any national stock exchange.
3. In the case of a trust, list the name and address of each trustee and the name and address of the beneficiaries of the trust and the
percentage of interest of each beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the information
required in paragraph 2 above.
Name of Trust:
4. For partnerships, including limited partnerships, list the name and address of each principal in the partnership, including general
or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above.
5. For each limited liability company, list the name, address, and title of each manager or managing member, and the name and
address of each additional member with two percent (2 %) or more membership interest. If any member with two percent (2 %) or
more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information
required in paragraphs 2, 3 and /or 4 above.
Name of LLC: d 8, K Sanford LLC
6. In the circumstances of a contract for purchase, list the name and address of each contract purchaser. if the purchaser is a
corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and /or 5 above.
Name of Purchaser:
Date of Contract:
NAME TITLE /OFFICE/TRUSTEE ADDRESS % OF
OR BENEFICIARY INTEREST
(Use additional sheets for more space.)
7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shall be
disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains.
8. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. I
understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, special
exception, or variance involved with this Application to become void or for the submission for a procurement activity to be non-
responsive. I certify that 1 am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures
herein.
Date
STATE OF FLOREDA tnn A
COUNTY OF _, r t.LLt.�S.�
Sworn to Effirmed) and subscribed before me by
on this day of 20
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Agent, Applicant Signature
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t n re of o6r Public Print, T A�®r mp Name of Notary Public
Personal) Known ' OR Produced Identification _ ,, €Y#I,,, I, STEPHANIE RALLO
Personally k Commission # FF 175417
Type of Identification Produced Expires November 9, 2418
840dod7t- TmvfainWwanco900 385 .7019
Affidavit of Ownership - January 2015
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