4487 Rezone 2531 Cameron Ave Roger KingOrdinance No. 2019-4487
An ordinance of the City of Sanford, Florida providing for the rezoning
of real property totaling 3.32 acres in size and located at 2531
Cameron Avenue (Tax Parcel Identification Number
03-20-31-300-0040-0000) within the City Limits (map of the property
attached) from the Agriculture ("AG") zoning district/classification to
the Restricted Industrial, ("RI -1" ) 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, Roger D. King and Toni L. Stopher, whose address is 5230 Ardmore
Drive, Winter Park, Florida 32792, (Tax Parcel Identification Number
03-20-31-300-0040-0000), are the owners of the property which is the subject of this
Ordinance; and
Whereas, the applicant for the rezoning action set forth herein is Thomas
Underwood of SMEK Properties, LLC, whose address is 603 Central Park Drive, Sanford,
Florida 32771; and
Whereas, the real property which is addressed at 2531 Cameron Avenue
relative to which action is taken in this Ordinance, totaling 3.32 acres in size, is located on
the east side of Cameron Avenue and west side of East Lake Mary Boulevard and is
further located approximately 286 feet south of State Road 46, just south of the Race
Trac gas station/retail store; and
Whereas, the owner applied 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 Restricted Industrial, ("RI -1" ) zoning classification/district
from the existing Agriculture ("AG") zoning classification/district; and
Whereas, based on the nature of the rezoning to a Euclidean zoning
classification/district, the CAPP (Citizens Awareness and Participation Plan) meeting has
been deferred to the next phase of development; 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 October 8, 2018 the City Commission enacted Ordinance
Number 4477 annexing the property and, upon annexation, the property was assigned a
County AG, Agriculture, zoning classification with an underlying County land use
designation of 1, Industrial; and
Whereas, the property owner is proposing to develop the site for the Danton
Hydroblasting company; and
Whereas, on December 13, 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
� I -
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.
(b). 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 3.32 acres in size, shall be
rezoned from the Agriculture ("AG") zoning classification/district to the Restricted
Industrial, ("RI -1" ) zoning classification/district:
In Section 03, Township 19 South, Range 31 East, Seminole County,
Florida: The South 5 chains of the North 10 1/2 chains of the West 1/2 of
the Northwest 1/4 of the Northwest 1/4 (less road and beginning at the
Southeast corner of the North 10 1/2 chains of the West 1/2 of the
Northwest 1/4 of the Northwest '/4, run North 330 feet West along the
Easterly right-of-way of East Lake Mary Boulevard South and Southeasterly
along the right-of-way to a point West of the beginning and then East to the
beginning). (Tax Parcel Identification Number: 03-20-31-300-0040-0000.)
(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 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
41 _
enactment.
Passed and adopted this 28th day of January, 2019.
Attest: City Commission of
Sanford, Florida
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Traci Houchin, CIVIC, FCRIVI J 'plett, Mayor
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CITY OF Item No.?t
SkNFORD
FLORIDA
COMMISSIONCITY - D
JANUARY 28, 2019
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Jordan Smith, AICP, PP
Traci Houchin, City Clerk, CMC, FCRM
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Rezone 3.32 Acres from AG, Agriculture to , Restricted Industrial at 2531
Cameron Avenue
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
® Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
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.
A request to rezone 3.32 acres located at 2531 Cameron Avenue from AG, Agriculture to RI -1,
Restricted Industrial has been received.
The property owners are Roger D. King and Toni L. Stopher. The applicant is Thomas Underwood —
SMEK Properties, LLC. Based on the nature of the rezone to a standard zoning classification, the CAPP
(Citizens Awareness and Participation Plan) meeting has been deferred to the next phase of
development. Additional information pertaining to the CAPP for this project is included in the
background of this report.
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.
FiSCALISTAFFING STATEMENT:
According to the Property Appraiser's records, the subject property is vacant. Based on the 2018
property tax roll, the subject property has a total assessed value of $58,358. The total tax bill for the
property in 2018 was $812.23. 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 3.32 acre site is located on the east side of Cameron Avenue and west side of East Lake Mary
Boulevard and is approximately 286 feet south of SR 46, just south of the Race Trac service station
The City Commission adopted Ordinance No. 4477 on October 8, 2018 annexing the property. Upon
annexation, the property was assigned an AG, Agriculture zoning classification with an underlying land
use of I, Industrial. The applicant is proposing to develop the site for the Danton Hydroblasting
Company.
The "Industrial" designation shall be allocated to industrial sites accessible to rail facilities, and/or major
thoroughfares. The sites shall be buffered from residential neighborhoods. Industrial uses include:
manufacturing, assembling and distribution activities; warehousing and storage activities; and other
similar land uses which shall be regulated through appropriate zoning procedures. Heavy metal
fabrication, batch plants, salvage yards, chemical or petroleum manufacturing or refining, rubber or
plastics manufacturing, or other use generating potentially harmful environmental or nuisance impacts
shall be prohibited. A rezone to RI -1, Restricted Industrial is consistent with the Industrial Land Use
classification.
The City's Citizens Awareness and Participation Plan (CAPP) requirement is designed to focus attention
on the importance of citizen participation early in the planning process and its relationship to completing
a successful development project in Sanford. At this time, no development project or plan has been
presented for consideration. The applicant has submitted an application to rezone the property to a
zoning classification that is in line with its underlying land use. The application received is to rezone to
RI -1, Restricted Industrial. Pursuant Article II of the LDR, RI -1 includes areas of the City of Sanford
which are intended for light wholesale and manufacturing uses and related accessory uses.
As no additional standards or conditions can be placed upon this type of rezone, and the rezone is
presented to determine whether or not the request is consistent with the underlying land use and the
goals and objectives of the Comprehensive Plan, public participation in the process at this time, should
not influence the requests compatibility with the Comprehensive Plan. Any development that occurs in
the future on said property will be subject to all conditions, standards and regulations set forth in the
LDR and other City codes for development within the RI -1 zoning district, if this rezone is approved.
If any Conditional Uses, Variances or other deviations from the code are anticipated, additional public
hearings may be required and therefore subject to the necessary CAPP meeting component at that time.
On December 13, 2018, the Planning and Zoning Commission considered the request for the rezone and
recommended the City Commission approve the request to rezone 3.32 acres with a project address of
2531 Cameron Avenue from AG, Agriculture to RI -1, Restricted Industrial based on the request being
consistent with the goals, objectives and policies of the City's Comprehensive Plan.
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 [of] 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).
The City Commission approved the first reading of Ordinance No. 4487 on January 14, 2019.
The City Clerk published notice of the 2„ d Public Hearing in the Sanford Herald on January 16, 2019.
RECOMMENDATION:
The Planning and Zoning Commission, along with staff, recommend the City Commission adopt
Ordinance No. 4487, rezoning 3.32 acres with a project address of 2531 Cameron Avenue from AG,
Agriculture to RI -1, Restricted Industrial 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. 4487, rezoning 3.32 acres with a project address of 2531 Cameron
Avenue from AG, Agriculture to RI -1, Restricted Industrial based on the request being consistent with
the goals, objectives and policies of the City's Comprehensive Plan."
Attachments: Project Information Sheet
Site Vicinity Map
Site Aerial Map
Affidavit of Ownership
Ordinance No. 4487
T:\Development Review\03-Land Development\2018\2531 Cameron Avenue - Damon Hydroblasting\CC Meeting 01-14-I9\CC Memo - 1st read - 2531
Cameron Ave - Rezone.doex
PROJECT INFORMATION — 2531 CAMERON AVENUE
REZONE
Requested Action: Request to rezone 3.32 acres at 2531 Cameron Avenue from AG, Agriculture to
RI -1, Restricted Industrial
Proposed Use: Industrial
Project Address: 2531 Cameron Avenue
Current Zoning: AG, Agriculture
Proposed Zoning: RI -1, Restricted Industrial
Current Land Use: Vacant
Legal Description: SEC 03 TWP 20S RGE 3 1 E S 5 CH OF N 10 1/2 CH OF W 1/2 OF NW 1/4 OF
NW 1/4 (LESS RD & BEG SE COR OF N 10 1/2 CH OF W 1/2 OF NW 1/4 OF
NW 1/4 RUN N 330 FT W TO ELY R/W E LAKE MARY BLVD S & SELY
ALG R/W TO A PT W OF BEG E TO BEG)
Tax Parcel 03-20-31-300-0040-0000
Numbers:
Site Area: 3.32 acres
Property Owners: Roger D. King and Toni L. Stopher
5230 Ardmore Dr
Winter Park, FL 32792
Applicant/Agent: SMEK Properties, LLC
Thomas Underwood
603 Central Park Dr
Sanford, FL 32771
Email: tom@dantonhydroblasting.com
CAPP Meeting: Given the nature of the straight rezone, a CAPP meeting is being deferred to any
future public hearings requiring citizens input.
Commission District 1 – Commissioner Art Woodruff
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: I, Industrial
Existing Land Use: Grazing Land
Surrounding Uses and Zoning:
Zoning
Nort GC -2, General Commercial
Sout RI -1, Restricted Industrial
East A-1, Agricultural (County)
West MI -2, Medium Industrial
CONCURRENCY
Use
Gas Station - RaceTrac
Vacant
Agriculture
Insurance Auto Auctions Parking lot
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 for a
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 0.806 MGD 0.624 MGD
service):
* * As provided by the City of Sanford's Utility Department. (CUP — Consumptive Use Permit)
T:\Development Review\03-Land Development\2018\2531 Cameron Avenue - Damon HydroblastingTroject Info - 2531 Cameron Ave - Rezone.doc
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Site
2531 Cameron Avenue
Parcel No: 03-20-31-300-0040-0000
CITY OF
1ST ORD AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
FLORIDA
www.santordR.gov
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
1. Ownership
\i •,�—� F-) K< �' hereby attest to ownership of the property described below:
Tax Parcel Number(s): ti
Address of Property:
for which this a
11. 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, 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 person
at knowledge.
Applicant's Agent (Print): h,r tgt�.>'' �. et Signature"` - - r s
Agent Address: �r'2 ' rt c! :l� ` 4 i -c" ' S 2 ! "2 '
Email:' �t9,,, L _c -.., -Phone: L i- 3 ` r 3 f ;' Fax:
111. Notice to Owner
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 o Partnership o Limited Liability Company
p,Other (describe): C b
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:
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/OFFICEITRUSTEE ADDRESS % OF
OR BENEFICIARY INTEREST
(Use additional sheets for more space.)
7. As to any type of gwner 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 I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures
herein.
Date
STATE OF FLORIDA
COUNTY OF 'M t t�btsS�
Sworn to (or affirmed) and subscribed before me by —
on this C� day of 20.
Signature of Notary Public
Personally Known P
OR Produced Identification 0
Type of Identification Produced
Affidavit of Ownership - January 2015
f
_Qi mer, Agent, Applicant -Signature
nrt nYnsn PAMELA J. PREEDOM
NOTARY PUBLIC
o L ) STA T E OF FLORIDA
1. C;onrn4 FF194479
Print, Public