4502 Rezone 2871 E. First St, Charles E. JacobsonOrdinance No. 4502
An ordinance of the City of Sanford, Florida providing for the rezoning
of real property totaling 2.79 acres in size (Tax identification Parcel
Number: 17-20-31-501 -0000-0150) (generally addressed as 2871 East
First Street) within the City Limits (map of the property attached) from
the City's 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, Charles E. Jacobson, III, (Tax Parcel Identification Numbers
17-20-31-501-0000-0150) 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 Mark Harkins of Harkins Commercial Real Estate; and
Whereas, the real property (a site 2.79 acres in size) is located on the northern
portion of East Lake Mary Boulevard and approximately 1,200' west of Brisson Avenue
and 1,240 east of Sipes Avenue and is located in within Planning Sub Area 4 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 December 27, 2018 and submitted a CAPP summary report; 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 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
2 1 P
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 Number Owner
17-20-31-501-0000-0150 Charles E. Jacobson, III
(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:
QPM
Traci Houchin, CMC, FCRM
City Clerk
Approved as to form and legal sufficie
City Commission of
Sanford, Floriga
Jeff Triplett,
e City of
4 1 P
e`` ��,f•oh0 {a •
i 1►
WS RM x_
Item No. 713-2
CITY COMMISSION MEMORANDUM 19-113
MAY 13, 2019 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP — Development Services Manager
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Rezone from AG, Agriculture to GC -2, General Commercial at 2871 E.
Lake Mary Boulevard
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 2.79 acres located at 2871 E. Lake Mary Boulevard from AG, Agriculture to
GC -2, General Commercial has been received.
The property owner is Charles E. Jacobson III. The applicant is Mark Harkins of Harkins
Commercial Real Estate who was also responsible for completing the required CAPP Meeting on
December 27, 2018.
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.
FFISCALISTAFFING STATEMENT:
The parcel shown on attached map, owned by Charles E. Jacobson III include the following
improvements per the Seminole County Property Appraiser:
Parcel Number
Location
Improvements
17-20-31-501-0000-0150
2871 East Lake Mary Boulevard
1 Single Family Structure and 2
barns/sheds
There is an existing single family residence on the subject property. Based on the 2018 tax roll of
Seminole County, the total assessed value for the 2.79 acres is $287,869. The tax bill for the
property in 2018 totaled $5,403. Changing the future land use of the property will further facilitate
future Commercial type uses and will generate ad valorem and utility revenues for the City.
No additional staffing is anticipated if the Future Land Use amendment is approved.
BACKGROUND:
The subject property is located on the south side of E. Lake Mary Boulevard and is approximately
1,200 feet west of Brisson Avenue and 1,240 feet east of Sipes Avenue.
The applicant originally submitted a request to amend the future land use map designation for the
2.79 acre property from SE, Suburban Estates to AIC, Airport Industry and Commerce to allow
future development of an intensity that is similar to airport development. Staff found the proposed
AIC Future Land Use designation to be inconsistent with the Goals, Objectives and Policies of the
Comprehensive Plan. The applicant has met with staff and it was recommended that the Future
Land Use designation of GC, General Commercial would be consistent with the City of Sanford
Comprehensive Plan and would be compatible with surrounding properties on the south side of
East Lake Mary Boulevard.
The current zoning of the subject property 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
applicant is requesting to rezone from AG, Agriculture to GC -2, General Commercial. 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 GC, General Commercial future land use
designation.
The request to GC -2, General Commercial is harmonious with the City Commission's vision for
the south side of East Lake Mary Boulevard for commercial type uses to serve the growing
residential population.
The proposed development is located within Planning Sub -Area 4 of the 2015 City of
Sanford/Seminole County Joint Planning Agreement (JPA) and is consistent with JPA.
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. 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. If
any Conditional Uses, Variances or other deviations from the code are expected, additional public
hearings may be required and may be subject to the additional CAPP meeting requirements at that
time.
On April 4, 2019, the Planning and Zoning Commission held a public hearing to consider the
requested zoning change and voted unanimously to recommend the City Commission approve an
ordinance to rezone the property from AG, Agriculture to GC -2, General Commercial.
The City Commission approved the first reading of Ordinance No. 4502 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 [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).
RECOMMENDATION:
Planning and Zoning Commission, along with staff, recommend the City Commission approve the
request to rezone 2.79 acres at 2871 E. Lake Mary Boulevard from AG, Agriculture to GC -2,
General Commercial 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:
G
"I move to (approve/deny) Ordinance 4542 to change 2.79 acres at 2871 East Lake . Mary
Boulevard 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/Zoning Map
Aerial Map
Affidavits of Ownership and Designation of Agent
CAPP Summary
Ordinance No. 4502
TADevelopment Review\03-Land Development\2019\2871 E Lake Mary Boulevard\Rezone\CC mtg\2nd Reading\CC Memo - 2871 E Lake Mary - AG to GC2 2nd ReadingAm