4445 Rezone 3901 W 1st StreetOrdinance No. 4445
An ordinance of the City of Sanford, Florida providing for the rezoning
of real property totaling 5.45 acres in size (Tax Parcel Identification
Numbers 28-19-30-506-0000-012A, 28-19-30-506-0000-013A and
28-19-30-506-0000-013B within the City Limits (map of the property
attached) from the Agriculture ("AG") zoning district/classification to
the General Commercial ("GC -2") zoning district/classification;
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, Ethel M. Bullard, whose address is 134 Mayfair Court, Sanford,
Florida 32771 (Tax Parcel Identification Number 28-19-30-506-0000-012A), Jerald L.
Herrin, whose address is Post Office Box 206, Greenback, Tennessee 37742 (Tax Parcel
Identification Number 28-19-30-506-0000-013A) and Sharman Green and Allen Green,
whose address is 3881 West 1st Street, Sanford, Florida 32771 (Tax Parcel Identification
Number 28-19-30-506-0000-0136), are the owners of the property which is the subject of
this Ordinance; and
Whereas, the real property which is addressed at 3901 West 1st Street (State
Road 46) relative to which action is taken in this Ordinance, totaling 5.45 acres in size, is
located on the south side of West State Road 46 (West 1 st Street) and approximately 300
feet west of Central Park Drive; and
Whereas, Luke M. Classon, P.E., of Appian Engineering, LLC, whose address
is 2221 Lee Road, Suite 17, Winter Park, Florida 32789, applied on behalf of the owners,
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 Agriculture ("AG")
zoning classification/district; and
Whereas, Mr. Classon accomplished a Citizens Awareness Participation Plan
meeting on October 19, 2017 and discussed the planned program of development of the
subject real property; 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 March 1, 2018 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.
2 1 Py ti_
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.
(b). The subject property, which is 5.45 acres in size, is located at 3901 West
1st Street (State Road 46) and is assigned Tax Parcel Identification Numbers
28-19-30-506-0000-012A, 28-19-30-506-0000-013A and 28-19-30-506-0000-01313 by
the Property Appraiser of Seminole County.
(c). Tlie 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 5.45 acres in size, shall be
rezoned from the Agriculture ("AG") zoning classification/district to the General
Commercial ("GC -2") zoning classification/district:
In Section 28, Township 19 South, Range 30 East, Seminole County,
Florida:
The East 1/2 of Lot 12 and the West 1/2 of the vacated street on the East of
said Lot,
And,
Lot 13 (less the East 165 feet and West 150 feet of the South 290.40 feet)
and the East 1/2 of the vacated street on the West of said Lot,
And,
The South 290.40 feet of the West 150 feet of Lot 13 East 1/2 of the
vacated street on the West of said Lot,
All said property being within SMITH'S THIRD SUBDIVISION as recorded
at Plat Book 1, Page 86 of the Public Records of Seminole County, Florida.
(Tax Parcel Identification Numbers: 28-19-30-506-0000-012A,
28-19-30-506-0000-013A and 28-19-30-506-0000-013B.)
(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 of the City of Sanford;
provided, however, that the actions taken herein shall be depicted on the zoning maps of
4I„ ,
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 26th day of March, 2018.
Attest.
&n A9 4" 6
Traci Houchin, City Clerk, CMC
Approved as to form and legal s
ity Attorney
City Commission of the City of
Sanford, Florida 11 -
511'a2zc
Requested Action:
Proposed Use:
Project Address:
Current Zoning:
Proposed Zoning:
Current Land Use:
PROJECT INFORMATION — 3901 W. 'I ST STREET (SR 46)
REZONE
Request to rezone 5.45 acres at 3901 W. I" Street (SR 46) from AG, Agriculture to GC -2,
General Commercial
Commercial
3901 West I" Street
AG, Agriculture
GC -2, General Commercial
Vacant
Legal Description: The East 1/2 of Lot 12, Lot 13 less the East 165 feet and the 30 feet wide Unnamed right-
of-way lying between Lots 12 and 13, Smiths Third Subdivision, as recorded in Plat Book
1, Page 86 of the Public Records of Seminole County, Florida lying South of State Road
46 in Section 28, Township 19 South, Range 30 East.
Tax Parcel
28-19-30-506-0000-012A
Numbers:
28-19-30-506-0000-01.3A
28-19-30-506-0000-01313
Site Area:
5.45 acres
Property Owndrs:
28-19-30-506-0000-012A
Ethel M. Bullard
134 Mayfair Court
Sanford, FL 32771
Applicant/Agent: Appian Engineering
28-19-30-506-0000-013A
Jerald L. Herrin
P.O. Box 206
Greenback, TN 37742
28-19-30-506-0000-01313
Sharman & Allen Green
3881 W. I" Street
Sanford, FL 32771
Luke M. Classon
2221 Lee Road, STE 17
Winter Park, FL 32789
Email: lclasson@appianfl.com
CAPP Meeting: CAPP meeting was held on October 19, 2017. A summary of the CAPP meeting is
attached.
Commission District 2 — Commissioner Velma Williams
District:
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 & Commerce
Existing Land Use: Vacant
Surrounding Uses and Zoning:
Zoning
North PD, Planned Development
A-1, Agriculture (County)
South GC -2, General Commercial
East PD, Planned Development
West PD, Planned Development
CONCURRENCY
Use
Residential (Stratford Point Apartment)
Vacant Land (County)
Commercial & Light Industrial Businesses
Commercial (Gerber Collision & Glass)
Commercial Businesses and Vacant land
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. An assessment will be,made
at the development review stage.
LOS Standard Facility Capacity"
*
Potable Water: 144 gal/capita/day 9.02 MGD (CUP Capacity)
Sanitary Sewer: 132 gal/capita/day 9.3 MGD
Solid Waste: 2.46 lbs/capita/day 21.5 million tons
The proposed overall demand of the project will be determined at the time of Engineering Plan Review.
The City's Utility Department tracks water and wastewater capacities for all projects once a Florida Department of
Environmental Protection (FDEP) permit has been obtained. The available capacity fora proposed project is verified
but will not be reserved until a FDEP permit is obtained. Below is a breakdown provided by the City of Sanford
Utility Department for current usage within the City:
Potable Water" Sanitary Sewer**
Recorded 3 -month Average daily flow; - 6.73 MGD ,
Recorded 12 -month Average daily flow: 7.504 MGD -
Projects with FDEP permits (not in service): 0.806 MGD 0.624 MGD
** As provided by the City of Sanford's Utility Department. (CUP — Consumptive Use Permit)
TADevelopment Review\03-Land Development\2018\3901 W 1 st Street - SunbeltTonditional Use - 3901Troject Info - 3901 W I st Street - CU.doc
WS RM
Item No. 7 A 6_4 )
i;FLORIDA
CITY COMMISSION MEMORANDUM 18.068
MARCH 26, 2018
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP —Development Services ager
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Rezone from AG, Agriculture to GC -2, Ge ral Commercial at 3901 W.
1 s Street
THIS IS A QUASI-JUDICIAL MATTER AN , AS SUCH, REQUIRES
DISCLOSURE OF ALL EX -PARTE COMMUNI¢�ATIONS, INVESTIGATIONS,
SITE VISITS AND EXPERT OPINIONS REGARD44NG THIS MATTER.
SYNOPSIS:
A request to rezone 5.45 acres located at 3901 W. 1st Street from AG, Agriculture to GC -2,
General Commercial has been received.
The property owners are Sharman and Allen Green; Jerald L. Herrin; and Benjamin F. and Ethel
M. Bullard, et al. The applicant is Luke M. Classon, P.E. — Appian Engineering, LLC who was
responsible for completing the required CAPP (Citizens Awareness and Participation Plan)
meeting.
The Affidavit of Ownership and Designation of Agent form is attached and additional information
is available in order to ensure that all potential conflicts of interest are capable of being discerned.
F"ISCALISTAFFING STATEMENT:
According to the Property Appraiser's records, the subject properties are vacant. Based on the
2017 property tax roll, the three subject properties have a total assessed value of $516,953. The
total tax bill for the three properties in 2017 was $7,543.42. The property owner is proposing to
develop new non-residential construction which would generate additional tax revenue to the City.
No additional staffing is anticipated if the Rezone is approved.
BACKGROUND:
The 5.45 -acre site is located on the south side of West SR 46 (W. 1" Street) approximately 300
feet west of Central Park Drive and consists of 3 parcels and a portion of right-of-way known as
Creek Road vacated by the Seminole County Board of County Commissioners on January 24,
2018 (Resolution 2018-0477). The properties are in concurrent review for Annexation into the
City and Conditional Use for Outdoor Storage subject to successful rezoning.
Upon annexation, the property will be assigned an AG, Agriculture zoning classification and an
underlying land use of WIC, Westside Industry and Commerce. The rezone of the property from
AG, Agriculture to GC -2, General Commercial supports the Redevelop and Revitalize
Disadvantaged Communities strategic priority. The applicant is proposing to develop a
commercial building for the purpose of operating a Sunbelt Rental Facility. The applicant held a
CAPP meeting on Saturday, October 19, 2017 and has submitted a follow up report that states no
concerns or issues were raised at the meeting.
The "Westside Industry and Commerce" (WIC) area is a mixed use designation intended to
promote the development of employment centers in the vicinity of the West SR 46 corridor and
the commuter rail station. The corridor's proximity to I-4 as well as SR 417 and the SunRail
commuter line provides access to regional markets and a substantial labor force. The WIC
designation permits both a vertical and horizontal land use mix of commercial, office, residential
with a maximum residential density of 20 dwelling units per acre. A rezone to GC -2, General
Commercial is consistent with the WIC Land Use classification.
On March 1, 2018, the Planning and Zoning Commission recommended the City Commission
adopt an ordinance to rezone 5.45 acres located at 3901 W. 1 st Street from AG, Agriculture to GC -
2, General Commercial as recommended by staff.
The City Commission approved the first reading of Ordinance No. 4445 on March 12, 2018.
The City Clerk advertised notice of the public hearing in the Sanford Herald on March 11, 2018.
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 [ofJ 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} recommended the City Commission adopt 4n ordinance to
approve the request to rezone 5.45 acres with a project address of 3901 W. 1st Street from AG,
Agriculture to GC -2, General Commercial subject to annexation into the City and based on the
request being consistent with the goals, objectives and policies of the City's Comprehensive Plan.
Additional comments or recommendations may be presented by staff at the meeting.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4445".
Attachments: Project Information Sheet
Site Vicinity Map
Site Aerial Map
Affidavit of Ownership
CAPP Letter and Summary
Ordinance No. 4445
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