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4504 Rezone 3751 West First St. Essex InvestmentsOrdinance No. 2019-4504 An ordinance of the City of Sanford, Florida providing for the rezoning of real property totaling 10.28 acres in size (Tax identification Parcel Numbers: 28-19-30-501-0000-0010, 28-19-30-501-0000-0020, 28-19-30-501-0000-0050, 28-19-30-501-0000-0070, 28-19-30-501-0000-0090, 28-19-30-501-0000-0110, 28-19-30-506-0000-0150, 28-19-30-506-0000-0160, 28-19-30-506-0000-015A, 28-19-30-506-0000-015C, 28-19-30-506-0000-0140 and 28-19-30-506-0000-0148 (generally addressed as 3751 West First Street) within the City Limits (map of the property attached) from the City Agriculture ("AG") zoning district/classification to the City's 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, Essex Investments of Longwood, LLC, (Tax Parcel Identification Numbers 28-19-30-501-0000-0010, 28-19-30-501-0000-0050, 28-19-30-501-0000-0070, 28-19-30-501-0000-0110, 28-19-30-506-0000-0150, 28-19-30-501-0000-0020, 28-19-30-501-0000-0090, 28-19-30-506-0000-0160, 28-19-30-506-0000-015A, 28-19-30-506-0000-015C, 28-19-30-506-0000-0140 and 28-19-30-506-0000-014B) is the owner of the property which is the subject of this Ordinance; and Whereas, the owner's agent as applicant for the rezoning action set forth herein is Todd Butler, P.E. of Ozark Civil Engineering, Inc.; and Whereas, the real property (a site 10.28 acres in size) is located on the _ _ _ _ _ northern portion of West State Road 46 and approximately 86' west of South White Cedar Road and is located in within Planning Sub Area 8 of the 2015 Seminole County/City of Sanford Joint Planning Area; and Whereas, the owner has 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 General Commercial ("GC -2") zoning district/classification from the existing Agriculture ("AG") zoning district/classification and the; and Whereas, the applicant held a CAPP (Citizens Awareness and Participation Plan) meeting on January 29, 2019 and submitted a CAPP summary report which stated that there were few attendees at the meeting a with regard to those attending, the main discussion was focused on future land transaction for the proposed Outparcel "A", but those in attendance did not voice concerns with regard to the overall development or the proposed Tractor Supply store; 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 January 28, 2019 the City Commission enacted Ordinance Number 4488 annexing the property and, upon annexation, the property the City took action to assign the property the ; WIC, Westside Industry and Commerce, land use designation under the City's Comprehensive Plan; and Whereas, on March 14, 2019 and April 4, 2019 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 and all prior land use actions of the City are hereby ratified and affirmed. 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 10.28 acres in size, shall be rezoned from the City Agriculture ("AG") zoning district/classification to the General Commercial ("GC -2") zoning district/classification: Tax Identification Parcel Numbers Owner 28-19-30-501-0000-0010, 28-19-30-501-0000-0020, Essex Investments of 28-19-30-501-0000-0050, 28-19-30-501-0000-0070, Longwood, LLC 28-19-30-501-0000-0090, 28-19-30-501-0000-0110, 28-19-30-506-0000-0150, 28-19-30-506-0000-0160, 28-19-30-506-0000-015A, 28-19-30-506-0000-015C, 28-19-30-506-0000-0140 and 28-19-30-506-0000-0146. (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 enactment. Passed and adopted this 13th day of May, 2019. Attest: City Commission of the City of Sanford, Florida 60pj +�Pn [y)(1, F-ce ry) Traci Houchin, CMC, FCRM �'�ST-O.R Triplett, City Clerk © C7 Approved as to form and legal su William L. Colbert, City Attorney ksj It 5 1 P a r�� a4� tiF0tit)No � U }TiIV , r' rsras�' FLORIDA WS RM X Item No. 7.1) CITY COMMISSION MEMORANDUM 19-115 MAY 13, 2019 AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: Jordan Smith, AICP — Development Services Manager SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager r b SUBJECT: Rezone from AG, Agriculture to GC -2, General Commercial at 3751 W. 1 st Street 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. STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: A request to rezone 10.28 acres located at 3751 W. 1 st Street from AG, Agriculture to GC -2, General Commercial has been received. The property owners are Essex Investment of Longwood, Inc. The applicant is Todd Butler, P.E. — Ozark Civil Engineering who was responsible for completing the required CAPP (Citizens Awareness and Participation Plan) meeting which was held on January 29, 2019. 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 2018 property tax roll, the twelve parcels have a total assessed value of $1,542,553. The total tax bill for the twelve properties in 2018 was $23,008.82. 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 10.28 acre site is located on the south side of West SR 46 just west of S. White Cedar Road. The City Commission adopted Ordinance No. 4488 on January 28, 2019 which annexed the property into the City of Sanford. The applicant is proposing to develop a commercial building for the purpose of operating a Tractor Supply store with two additional commercial parcels. The applicant has also submitted a Final Plat pursuant to the Minor Subdivision Review Process for concurrent review. The applicant held a CAPP meeting on Tuesday, January 29, 2019 and submitted a summary report. Per the CAPP summary report, there were few attendees; however, for those attending the main discussion was focused on future land transaction for the proposed Outparcel "A". Those in attendance did not voice concerns with regards to the overall development or the proposed Tractor Supply store. The subject property has a future land use designation of WIC, Westside Industry and Commerce and current zoning classification of AG, Agriculture. The Westside Industry and Commerce 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. The current zoning of the subject properties is AG, Agricultural. The Agricultural (AG) zoning district is intended to implement the Comprehensive Plan "Suburban Estates" (SE) Future Land Use Map designation. Residential densities in this zoning district shall not exceed one (1) dwelling unit per one (1) acre. The GC -2, General Commercial zoning district is intended to implement the Comprehensive Plan "General Commercial" (GC) Future Land Use Map designation. The GC -2 zoning district generally shall be located in highly accessible areas adjacent to major thoroughfares which possess necessary location, site, and market requirements. The GC -2 zoning district would be consistent with the intent and purpose of the WIC, Westside Industry and Commerce future land use designation. On March 14, 2019, the Planning and Zoning Commission considered the request to rezone 8.82 acres with a project address of 3751 W. 1st Street from AG, Agriculture and GC -2 General Commercial and recommended with a vote of 6 to 0, the City Commission approve the rezone based on the request being consistent with the Seminole County/City of Sanford Joint Planning Agreement and the goals, objectives and policies of the City's Comprehensive Plan. A 1.46 acre portion of the property was inadvertently left out of the legal advertising for the original 8.82 acre site that was considered by the Planning and Zoning Commission on March 14, 2019. The 1.46 acre portion of the site is located on the east side of Central Park Drive and ties together with the 8.82 acre portion of the site located on the south side of West SR 46 along S. White Cedar Road. On April 4, 2019 the Planning and Zoning Commission considered the request to rezone the 1.46 acres to tie together with the 8.82 acres and recommended with a vote of 6 to 0, the City Commission approved the rezone based on the request being consistent with Seminole County/City of Sanford Joint Planning Agreement and the goals, objectives and policies of the City's Comprehensive Plan. 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, will not influence whether or not the request is compatible 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 GC -2 zoning district, if this rezone is approved. On March 14, 2019, the Planning and Zoning Commission approved a Conditional Use request to establish an outdoor storage use in a GC -2, General Commercial, zoning district/classification per Development Order #19-07. If any further Conditional Uses, Variances of other deviations from the code are expected, additional public hearings may be required. The City Commission approved the first reading of Ordinance No. 4504 on April 22, 2019 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: The Planning and Zoning Commission, along with staff, recommend that the City Commission approve the request to rezone 10.28 acres with a project address of 3751 West 1` Street from AG, Agriculture and GC -2, General Commercial based on the request being consistent with the Seminole County/City of Sanford Joint Planning Agreement and 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 (Approve/Deny) Ordinance No. 4504 to rezone 10.28 acres with a project address of 3751 W. I` Street from AG, Agriculture and GC -2, General Commercial based on the request being consistent with the Seminole County/City of Sanford Joint Planning Agreement and 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. 4504 T:\Development Review\03-Land Development\2019\3751 W 1 st Street -Tractor Supply\Rezone\City Commission\2nd Reading\CC Memo -3751 W I st Street - Rezone.docx