4429 Rezone 4001 Sanford Ave, Resi Holding LLCOrdinance No. 4429
An ordinance of the City of Sanford, Florida providing for the rezoning
of real property totaling 2.65 acres in size (Tax Parcel Identification
Number 18-20-31-300-0070-0000 within the City Limits (map of the
property attached) from the Agriculture ("AG") to City Single Family
Residential ("SR -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, Resi Holding, LLC, whose address is 303 East Par Street, Orlando,
Florida 32804, and whose managers are Peter A. Leerdam and Philip H. Shaw, is the
owner of certain real property, which land totals approximately 2.65 acres in size, which
real property is located at 4001 Sanford Avenue, and which is assigned Tax Parcel
Identification Number 18-20-31-300-0070-0000 by the Property Appraiser of Seminole
County; and
Whereas, the site, totaling 2.65 acres in size, is located adjacent to the Rose
Hill residential community on the southeast corner of South Sanford Avenue and Rose
Hill Trail; and
Whereas, Peter Leerdam of Leerdam Properties, Inc., whose address is also
303 East Par Street, Orlando, Florida 32804, 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 Single
Family Residential ("SR -1") zoning classification/district from the existing Agriculture
("AG") zoning classification/district; and
Whereas, Mr. Leerdam accomplished a Citizens Awareness Participation Plan
meeting on September 7, 2017 and discussed the program development of the subject
real property into multiple residential lots under various development scenarios; 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 supports the Redevelop and
Revitalize Disadvantaged Communities strategic priority of the City; and
Whereas, on November 2, 2017 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:
2 111
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 2.65 acres in size, is located at 4001 Sanford
Avenue, and is assigned Tax Parcel Identification Numbers Tax Parcel Identification
Number 18-20-31-300-0070-0000 by the 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 2.65 acres in size, shall be
rezoned from the Agriculture ("AG") zoning classification/district to the Single Family
Residential ("SR -1") zoning classification/district:
SECTION 18, TOWNSHIP 20 SOUTH, RANGE 31 EAST, THE NORTH
200 FEET OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 (LESS
ROAD AND EAST 924 FEET) SAID PROPERTY BEING LOCATED IN
SEMINOLE COUNTY, FLORIDA. THE ABOVE DESCRIBED LAND
CONTAINING 2.65 ACRES, MORE OR LESS. (TAX PARCEL
IDENTIFICATION NUMBER: 18-20-31-300-0070-0000.)
(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
3 1 P a g e
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 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 8th day of January, 2018.
Attest:
CyntA Porter, City Clerk
Approved as to form and legal sufficiency.
'eil�liam L. �Colbert, City Attorney
City Commissio
Sanford, Florida
Jeff Triplett,
of the City of
5 1 P a c
CITY COMMISSION MEMORANDUM 18002
JANUARY 8, 2018 AGENDA
TO:
PREPARED BY:
SUBMITTED BY:
SUBJECT:
t
WS RM X
Item No.
Honorable Mayor and Members of the City Commission
Cynthia Porter, City Clerk
Eileen Hinson, AICP — Dev opment Servic
Norton N. Bonaparte, Jr., City Manager
Rezone property at 4001 Sanford Avenue fr
Single Family Residential
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
® Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
to SR -1,
Ordinance No. 4429, to rezone approximately 2.6 ,acres from AG, Agriculture to SR -1, Single
Family Residential at 4001 Sanford Avenue, is being submitted for second reading and adoption.
The property owner is Resi Holding, LLC. The applicant is Peter Leerdam of Leerdam Properties
and representative for Resi Holding, LLC. Mr. Leerdam accomplished the Citizens Awareness
Participation Plan on September 7, 2017.
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.
FISCAL/STAFFING STATEMENT:
Based on the Seminole County Property Appraiser 2016 property tax roll, the existing single
family home on 2.6 -acre property to be rezoned has an assessed value of $91,459 and a total tax
bill of $1,020.
No additional staffing or City resources are required if the subject property is rezoned.
BACKGROUND:
The subject property is located on the southeast corner of South Sanford Avenue and Rose Hill
Trail. The site totals approximately 2.6 acres and is adjacent to the Rose Hill residential
community.
Currently, the property is zoned AG, Agriculture with a future land use designation of LDR-SF,
Low Density Residential Single Family. The rezone of the property from AG, Agriculture to SR -
L, Single Family Residential supports the Redevelop and Revitalize Disadvantaged Communities
strategic priority. The property currently has an existing single family residence; however, the
applicant is proposing to demolish the structure in order to subdivide the property and redevelop
the site into multiple single family residential lots meeting the development standards required by
the SR -1 zoning district. The proposed single family residential development could generate
additional growth and revenue for the City.
The City Commission approved the first reading of Ordinance No. 4429 on December 11, 2017.
The City Clerk advertised notice of the public hearing in the Sanford Herald on December 10,
2017.
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 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:
Staff recommends that the City Commission adopt Ordinance No. 4429, to rezone approximately
2.6 acres from AG, Agriculture to SR -1, Single Family Residential, at 4001 Sanford Avenue based
on the request being consistent with the goals, objectives and policies of the City's Comprehensive
Plan.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4429."
Attachments: Project Information Sheet
Site Vicinity Map/Aerial
Affidavit of Ownership
CAPP Letter and Summary
School Impact Analysis
Ordinance No. 4429
I" PROJECT INFORMATION — 4001 SAINF'ORD AvENIJE
-1877- REZONE
Requested Action: Rezone property from AG, Agriculture to SR -1, Single Family Residential
Proposed Use: Single Family Residential
Project Address: 4001 Sanford Avenue
Current Zoning: AG, Agriculture
Tax Parcel Number: 18-20-31-300-0070-0000
Legal Description: SEC .18 TWP 20S RGE 31E N 200 FT OF SW 1/40F NW t/4 (LESS RD + E 924 FT)
Site Area: 2.6 acres
Owner/Applicant: Resi Holding, LLC
Peter Leerdam
303 East Par Street
Orlando, Florida 32804
Phone: 407.740.0993
Email: pleerdam@leerdamproperties.com
CAPP Meeting: The applicant held a Citizen Awareness Participation Plan meeting on September 7, 2017.
A summary of the CAPP meeting is attached.
Commission District: District 1 — Commissioner Art Woodruff
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: LDR-SF, Low Density Residential Single Family
Existing Land Use: Single Family Residential
Surrounding Uses and Zoning:
Zoning
SR -1, Single Family Residential
PD, Planned Development
PD, Planned Development
AG, Agriculture
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: The traffic capacity demand for this project will be assessed during development review.
Water: Water services will be provided by the City of Sanford. Although water capacity exists, water
lines would need to be extended to the property for service at the expense of the owner.
Sewer: Sewer services will be provided by the City of Sanford. Although sewer capacity exists,
sewer lines would need to be extended to the property for service at the expense of the owner.
T:\Development Review\03-Land Development\2017\4001 Sanford Ave - SFR\Project Info Sht 4001 Sanford Ave - RZ.docx Page I of 1
Uses
North
Single Family Residential
South
Single Family Residential
East
Single Family Residential
West
Single Family Residential
Zoning
SR -1, Single Family Residential
PD, Planned Development
PD, Planned Development
AG, Agriculture
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: The traffic capacity demand for this project will be assessed during development review.
Water: Water services will be provided by the City of Sanford. Although water capacity exists, water
lines would need to be extended to the property for service at the expense of the owner.
Sewer: Sewer services will be provided by the City of Sanford. Although sewer capacity exists,
sewer lines would need to be extended to the property for service at the expense of the owner.
T:\Development Review\03-Land Development\2017\4001 Sanford Ave - SFR\Project Info Sht 4001 Sanford Ave - RZ.docx Page I of 1
i'
AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
—1877—
w".sanforon.gay
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
1. Ownership
1, Resil Holding LLC as Trustee of Land Trust No 4001 Sanford. hereby attest to ownership of the property described below:
Tax Parcel Number(s): 18-20-31-300-0070-0000
Address of Property: 4001 S Sanford Ave
for which this Rezoning application is submitted to the City of Sanford.
11. 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.
Applicants Agent (Print):
Agent Address:
Email: Phone:
Ill. Notice to Owner
Signature:
Fax:
A. All changes in Ownership, andlor 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 Applicants 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 a Corporation a Land Trust a Partnership o Limited Liability Company
o Other (describe):
1. List all natural peElons who have an ownership interest in the property, which is the Subject matter of this petition, by name and
address.
2. For each S9rp9rat1gp,list the name, address, and ti Me 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 U"a jist 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, land Trust No 4001 Sanford
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.
1
t
I AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
t. Ownership
1, Real Holding LLC as Trustee of Land Trust No 4001 Sanford hereby, attest to ownership of the property described below:
TaxParcel Number(s): 18-20-31-300-0070-0000
Address of property: 4001 S Sanford, Ave
for which this Rezoning application is submitted to the City of Sanford.
It. 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.
Applicant's Agent (Print): Signature:
Agent Address:
Emait
Fax:
A. All changes in Ownership andfor Appricanrs Agent prior to final action of the City shall require a new affidavit. If ownership
B. if the Omer intends W the authority of the Applicants Agent to be limited in any manner, please indicate the fimitai0I
below- (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc—) ,
o Individual In Corporation 11 Land Trust c3 Partnership a Limited Liability Company
1. List all nalgral Mrsons, who have an ownership interest in the Property, which is the subject Matter Of this petition, by name and
address.
E, For each ggrpqratio , the name and address of each director of the cuPoSati0n;
a, list the name, address, and title of each officer
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 Land Trust No 4001 Sanford
4. For Raqa2rships, 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.
1
Points of Discussion
4001 Sanford Avenue,[ Rezoning Meeting
September 7th." -2017 . ....... .. 3:45 PM - 4:45 PM Seminole County Environmental
Meeting called by
Peter Leerdam per The City of Sanford's requirements
Type of meeting
Citizen Participation for Development at 4001 Sanford Avenue
The Purpose of the Meeting is to get community input on a preliminary
basis - prior to City Commission Meetings.
Facilitator
Peter Leerdam
Note taker
Erika Jones
Attendees
Attendees are listed on the meetings sign -in sheet (attached)
Items of Discussion - Introduction
* Explained the Goal to build 9 homes on the property existing at 4001 Sanford.
* Explained the process of permitting including rezoning, preliminary site plan, and final
engineering. Let everyone know that part of the process are public meetings and they
will be invited to participate.
Items of Discussion - Site Plan A (All lots facing Rose Hill)
e Resident concern that the western lots will cause congestion with neighborhood
residents and Sanford Ave.
• Resident concern that new homes will encroach on buffer to the south. Peter explained
that our goal is to preserve natural buffer on south side of property. If retention can be
directed off site it enhances our ability to preserve trees. Resident suggested a fence.
Peter said that the future homeowners will likely be the ones to choose if they want a
fence,
• Lots # 4-9 seemed to have a general consensus of approval with everyone.
Items of Discussion - Site Plan B (Lots 1-3 along Sanford Ave, Lots. 4-9 on Rose Hill Trail)
* Discussed having 3 lots of Sanford Ave. Resident would prefer the option of leaving the
3 lots out of the HOA and facing S Sanford. Discussed access from Sanford Ave;
access from the east; developing a cul de sac off Rose Hill Trail for access. Residents
had mixed support for various alternatives. No strong objections.
* Discussed leaving existing home in place. No strong objections. Some residents like
having a larger lot,
Items of Discussion - General Development
Seminole County Public Schools
;�� �. School Impact Analysis
; School Capacity Determination
r
To: Peter Leerdam/Resi Holdings LLC
City of Sanford Commission
From: Michael Rigby, AICP, Facilities Planner, Seminole County Public Schools
Date: September 19, 2017
RE: 4001 S Sanford Ave. Rezone
Seminole County Public Schools (SCPS), in reviewing the above request, has determined that
if approved, the new FULM designation and/or zoning will have the effect of increasing
residential density, and as a result generate additional school age children.
Description: Proposed Rezone from A-1 to SR -1 for a 9 lot single family residential
subdivision on approximately 2.65 acres, located at the 4001 South Sanford Avenue within the
city limits of Sanford. The applicant is requesting a change to the zoning designation to allow
a maximum of 9 single-family dwelling units to be developed within the SR -1 zoning
designation.
Parcel ID (s) #: 18-20-31-300-0070-0000
Based on information received from Planning and from the application for the request, SCPS
staff has summarized the potential school enrollment impacts in the following table:
Type
Concurrency
Service Area
Enrollment
Capacity
Students
Generated by
Project
Programmed
3 Year
Additions
Reserved
Capacity
Remaining
Capacity
Elem
E-10
2318
3072
2
302
445
609
Middle
M-1
5336
5988
1
0
422
229
High
H-1
6768
1 7740
1 1
1780
560
2191
Comments:
The students generated at the three CSA levels would at this point be able to be
accommodated without exceeding the adopted levels of service (LOS) for each CSA by school
type, or there is adjacent capacity to meet LOS as allowed by interlocal agreement. Any
planned expansions/additions in the current five-year capital plan would provide additional
student capacity to relieve the affected schools.
Review and evaluations performed on proposed future land use changes and rezones,
unplatted parcels, or projects that have not recived final approval do not guarantee that the
developments subject to this declaration are exempt from, or determined to meet the school
concurrency requirement, which is effective as of January 1, 2008. Changes in enrollment,
any newly platted developments, and any subsequent final development approvals may affect
the provision of concurrent school facilities at the point of final subdivision approval, including
the potential of not meeting statutory concurrency requirements based on future conditions.
Seminole County Public Schools, Facilities Planning Dept. Printed 9/19/2017