4525 Rezone 1905 Southwest Road, Truck KingdomOrdinance No. 2019- 4525
An ordinance of the City of Sanford, Florida providing for the rezoning
of real property totaling 4.03 acres in size (Tax identification Parcel
Number 34-19-30-5AK-OB00-0040 (generally addressed as 1905
Southwest Road) within the City Limits (map of the property attached)
from the Single Family Residential ("SR -1 ") 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, Truck Kingdom, LLC is the owner of the property which is the subject
of this Ordinance (Tax Parcel Identification Number 34-19-30-5AK-OB00-0040 and
generally addressed as 1905 Southwest Road); and
Whereas, the owner's agent as applicant for the rezoning action set forth
herein is Mr. David Shipp; and
Whereas, the real property (a site 4.03 acres in size) is located on the east side
of Southwest Road and to the South of Dixie Way, Tangerine Avenue and Roosevelt
Avenue and is not within a planning sub area as set forth in the 2015 Seminole
County/City of Sanford Joint Planning Agreement; 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 Single
Family
Residential
(SR -1)
zoning
district/classification; and
Whereas, the applicant held a CAPP (Citizens Awareness and Participation
Plan) meeting on May 12, 2019 and submitted a CAPP summary report to the City; and
11
Whereas, the applicant is proposing to develop a commercial/industrial facility
for the purpose of customizing and assembling food trucks and the approval of a
conditional use permit will be required to establish this use in the General Commercial
("GC -2") zoning district/classification; 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 September 19, 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
2 n .
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 4.03 acres in size, shall be
rezoned from the Single Family Residential (SR -1) zoning district/classification to the
General Commercial ("GC -2") zoning district/classification:
Tax Identification Parcel Number Owner
34-19-30-5AK-OB00-0040 Truck Kingdom, LLC
or:
Lot 4 (less north 32'), Block B, plat of M M SMITHS 2ND
SUBDIVISION, according to the plat thereof as recorded in Plat Book
1, Page 101, of the Public Records of Seminole County, Florida.
(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.
41
Section 7. Effective Date This Ordinance shall take effect immediately
upon enactment.
Passed and adopted this 28th day of October, 2019.
Attest:
Traci Houchin, CIVIC, FCRM
City Clerk
Approved as to form and legal sufficiency
ligi6 L. Colbert, City Attorney
City Commission o the City of
Sanford, Flori#a
Jeff Triplett,
5 1 �� <i t, -1
WS _ RM
CITY OF Item No.
SkNF 0' R
j^ gF�f
FLORIDA
CITY COMMISSION MEMORANDUM 19.234
OCTOBER 28, 22019 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Jordan Smith, AICP, PP — Senior Planner
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manage
SUBJECT: Rezone 4.03 acres at 1905 Southwest Road-rom SR -1, Single Family
Residential to GC -2, General Commercial
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
® Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Rezone 4.03 acres at 1905 Southwest Road from SR -1, Single Family Residential to GC -2, General
Commercial.
The property owner is Truck Kingdom, LLC. The applicant is David Shipp of Truck Kingdom,
LLC who was responsible for holding the CAPP (Citizens Awareness and Participation Plan)
meeting. 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.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the subject property has a 5,319 square foot
masonry building built in 1950. Based on the 2018 property tax roll, the existing property has an
assessed value of $188,065. The total tax bill for the property in 2018 was $2,693.07. It is the
applicant's intent to use the property for manufacturing and commercial purposes for which this
rezone has been submitted. It will facilitate new non-residential construction and additional tax
revenue to the City. The property is not within a Planning Sub Area of the 2015 Seminole
County/City of Sanford Joint Planning Area.
No additional staffing is anticipated if the rezone is approved.
BACKGROUND:
The 4.03 acre site is located east side of Southwest Road and to the South of Dixie Way, Tangerine
Avenue and Roosevelt Avenue. A borrow pit is located on the south and east sides of the subject
property. On July 8, 2019 the City Commission adopted Ordinance No. 4514 annexing the 4.03
acres of property into the City of Sanford.
The property currently has an SR -1, Single Family Residential zoning classification with an
underlying Future Land Use designation of GC, General Commercial. Rezoning the property to
GC -2, General Commercial will bring it into compliance with the existing GC land use. The
applicant is proposing to develop a commercial/industrial facility for the purpose of customizing
and assembling Food Trucks. The approval of a Conditional Use will be required to establish this
use in the GC -2, General Commercial Zoning district.
The applicant has submitted a request to rezone the property to GC -2, General Commercial, a
zoning classification that is in line with its underlying land use. Pursuant Article II of the LDR,
the GC -2 zoning district is intended to implement the Comprehensive Plan "General Commercial"
(GC) Future Land Use Map designation. The GC -2 zoning district is intended to include the
easterly portion of the First Street business district, as well as, pre-existing commercial corridor
development along such major thoroughfares as French Avenue, Orlando Drive (US 17-92), and
strategic intersections along Airport Boulevard. The GC -2 zoning district is generally located in
highly accessible areas adjacent to major thoroughfares that possess necessary location, site and
market requirements. The maximum intensity of the GC -2 zoning district measured as a floor area
ratio is .35.
COMPREHENSIVE PLAN COMPLIANCE REVIEW
ture Land Use Element
Objective FLU 1.1: Implement the Future land Use Map Series. Implement the Future Land Use
Map (FLUM) series in the Future Land Use Element goals of the Comprehensive Plan. The City
shall not approve land use amendments, zoning changes, or development in conflict with these
densities and intensities. The LDRs shall encourage the use of innovative development techniques
to achieve a mix of uses, where appropriate.
Land Use
Designations
Map
Symbol
Density/Intensity (Maximum) (5)
General
1.0 FAR
1.0 FAR
50 du/acre (MF)
Commercial('),
GC
I du/acre (SF)
Office
25%/75%
50%/75%
0%/10%
Policy FLU 1.3.6: Designate General Commercial Development (GC). The General
Commercial (GC) areas are designated on the Future Land Use Map for purposes of
accommodating community -oriented retail sales and services; highway -oriented sales and
services; and other general commercial activities. Multifamily residential is encouraged as a
secondary use to foster sustainable, mixed-use developments that reduce vehicle miles traveled
and support a walkable community.
The General Commercial designation generally shall be located in highly accessible areas adjacent
to major thoroughfares which possess necessary location, site, and market requirements. All new
development within General Commercial designated areas shall be required to comply with
performance criteria.
The General Commercial area is not generally intended to accommodate manufacturing,
processing, or assembly of goods, sales and service of heavy commercial vehicle and equipment,
or related services or maintenance activities; warehousing; uses requiring extensive outside
storage; or other activities which may generate nuisance impacts, including glare, smoke or other
air pollutants, noise, vibration or major fire hazards, or other impacts generally associated with
more intensive industrial uses.
The GC -2 zoning district is intended to implement the Comprehensive Plan "General Commercial"
(GC) Future Land Use Map designation as described in Policy FLU 1.3.6. The general
commercial designation also includes pre-existing commercial corridor development along such
major thoroughfares as French Avenue, Orlando Drive (US 17-92), and strategic intersections
along Airport Boulevard. The GC -2 district generally shall be located in highly accessible areas
adjacent to major thoroughfares, which possess necessary location, site, and market requirements.
2015 SEMINOLE COUNTY/CITY OF SANFORD JOINT PLANNING AGREEMENT
The proposed development is not located within any Planning Sub -Areas of the 2015 City of
Sanford/Seminole County Joint Planning Agreement (JPA) and the rezone is consistent with the
2015 Joint Planning Agreement.
The City's Citizens Awareness and Participation Plan 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, however the applicant held a CAPP meeting on May
12, 2019 at 8:00 am in the Goldsboro Elementary School Library. Per the applicant, seven
members of the community were in attendance to ask questions and provide feedback. A summary
report is attached to this staff memo.
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 the rezone is approved. If
any Conditional Uses, Variances or other deviations from the code are expected, additional public
hearings may be required.
The GC -2, General Commercial zoning district includes areas of the City of Sanford that are
intended for community oriented retails sales and services; highway -oriented sales and services;
and other general commercial activities. A rezone to GC -2, General Commercial is consistent with
the GC Future Land Use designation.
Due to a lack of quorum at the September 5, 2019 Planning and Zoning Commission meeting,
the item was continued to a special Planning and Zoning Commission meeting on September 19,
2019.
On September 19, 2019, the Planning and Zoning Commission recommended the City y�?````
Commission approve the rezone of 4.03 at 1905 Southwest Road from SR -1, Single Family
Residential to GC -2, General Commercial.
The City Commission approved the first reading of Ordinance No. 4525 on October 14, 2019.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on October 16,
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:
"(1.6) '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:
It is Staff's recommendation that the City Commission adopt Ordinance No. 4525, to rezone 4.03
acres at 1905 Southwest Road from SR -1, Single Family Residential to GC -2, General Commercial
as recommended by City staff and the Planning and Zoning Commission."
Additional comments or recommendations may be presented by staff at the meeting
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4525 to rezone 4.03 acres at 1905 Southwest Road from SR -1,
Single Family Residential to GC -2, General Commercial as recommended by City staff and the
Planning and Zoning Commission."
Attachments: Project Information Sheet
Site Vicinity Map
Site Aerial Map
Affidavit of Ownership
CAPP Meeting
Ordinance No. 4525
TADevelopment Review\03-Land Development\2019\1905 Southwest Road - Food Truck Manufacturing\Clty Commission\CC Memo - 1905
Southwest Rd Rezone 10-14-19.docx
Requested Action: Rezone 4.03 acres at 1905 Southwest Road from SR -1, Single Family Residential to GC -2,
General Commercial
Proposed Use: Commercial/Industrial Development with outdoor storage
Project Address: 1905 Southwest Road
Current Zoning: SR -1, Single Family Residential
Proposed Zoning: GC -2, General Commercial
Legal Description: Lot 4 (less north 32'), Block B, plat of M M SMITHS 2ND SUBDIVISION, according to the
plat thereof as recorded in Plat Book 1, Page 101, of the Public Records of Seminole County,
Florida
Tax Parcel Number: 34-19-30-5AK-OB00-0040
Site Area: 4.02 acres
Property Owner/Applicant David Shipp - Truck Kingdom, LLC
2465 S Palmetto Avenue
Sanford, FL 32771
Phone: 407-300-8331 Email
davesdetail a,hotmail.com
CAPP Meeting: Seven community members attended the CAPP meeting held on May 12, 2019 at 8:00 AM
Commission District: District 2 — Commissioner Kerry S. Wiggins, Sr.
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.
Existing Future Land Use: GC, General Commercial
Existing Land Use: Vacant
Surrounding Uses and Zoning:
Zonin
North R -I Single Family Residential (Seminole County)
SR -1 Single Family Residential
South PD, Planned Development
East PD, Planned Development
West C-1 — Retail Commercial (Seminole County)
CONCURRENCY
Use
Single Family Residential
Borrow Pit
Borrow Pit
Seminole County Retention Pond
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 development review.
T:\Development Review\03-Land Development\2019\1905 Southwest Road - Food Truck Manutacturing\Project Info - 1905 Southwest Rd - RZ.doc
/
�
/
S� ORD AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign hem and note below:
1. Ownership
I, :T29t/r ie f Z—L L hereby attest to ownership of the property described below:
Tax Parcel Number(s):
Address of Property:
for which this application is submitted to the City ofSanford.
U.Designation ofApplicant's Agent (leave blank ifnot applicable)
Asthe owner/applicant o[the above designated property for which this affidavit issubmitted, Idesignate the below named individual
as my agent in all meMos pertaining to the application process. in authuh7ing 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 Ii ation is accurate and
complete to the best of my personal knowledge.
gnature
Applicant's Agent (Print): A —Si
Agent Address: 211( 2- 7 7 J
Ill. Notice to Owner
A. All changes knOwnership ondlonApplicant's Agent prior to final action ofthe City shall require enew affidavit. 8ownership
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 |imitotionu(o)
below. 0.e.:limited hoobtaining acertificate ofconcurrency; limited bzobtaining oland use compliance cerUfioohe.etcj
The owner of the realproperty associated with this application urprocurement activity isa (check one)
o{nd|viduml oCorporadon oLand Trust oPortnorship YUnktedLiability Company
o Other (describe):
1. List all natural persons who have anownership interest in the property, which is the subject matter of this petition, by name and
2. For each corporation, list the name, address, and tide of each officer; the name and address of each director of the corporation;
and the name and address ofeach shareholder who owns two percent (2%)ormore cfthe stock ofthe corporation, Shareholders
need not bediaukneedif acorporation's stock are traded pubUdyouany national stock exchange,
3. (nthe case o[otrust, list the name and address of each trustee and the name and address of the beneficiaries of the trustand the
percentage ofinterest ofeach beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the information
required inparagraph 2above.
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 11MIlMd,11abilltfiat the name, address, and titin 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/OFFICE/TRUSTEE
OR BENEFICIARY
ADDRESS
% OF
INTEREST
G J �
;�}i,V'�L�.''�
! S �S• t`'�"li✓i('fC� iIC.
C.�(.}
(Use additional sheets for more space.)
7. As to any type of owner 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 _ - — Owner, A6- annature
STATE OF FLORIDA/
COUNTY OF
Sworn to (or affirmed) and subscribed before me by 011 -
on this _ day of ("No, , 20 1 1?.
DEBORAH BLANTON
MYCOMMISSION # GG 77t3G5 I�
EXPIRES: Febwafy 25, 7023 '
uWMrnN Notary Public lino ,anis
Signature of Notary Public Print, Type or Stamp Name of Notary Public
Personally Known ❑ OR Produced Identification
Type of Identification Produced � ( L_ e--'� 1 ' I �y
Affidavit of ownership -January 2015
PIS -1
MM► ,�4i IIS � i' � �'
PLANNING AND ZONING COMMISSION MEMORANDUM
SEPTEMBER 19, 2019 (CONTINUED FROM SEPTEMBER 5, 2019)
TO: Planning and Zoning Commission
PREPARED BY: Eileen Hinson, AICP — Development Services Manager
SUBMITTED BY: Eileen Hinson, AICP — Development Services Manager
SUBJECT: Rezone 4.03 acres at 1905 Southwest Road from SR -1, Single Family Residential
to GC -2, General Commercial
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.
SYNOPSIS:
Rezone 4.03 acres at 1905 Southwest Road from SR -1, Single Family Residential to GC -2, General
Commercial.
The property owner is Truck Kingdom, LLC. The applicant is David Shipp of Truck Kingdom, LLC who
was responsible for holding the CAPP (Citizens Awareness and Participation Plan) meeting. 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.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the subject property has a 5,319 square foot masonry
building built in 1950. Based on the 2018 property tax roll, the existing property has an assessed value of
$188,065. The total tax bill for the property in 2018 was $2,693.07. It is the applicant's intent to use the
property for manufacturing and commercial purposes for which this rezone has been submitted. It will
facilitate new non-residential construction and additional tax revenue to the City. The property is not
within a Planning Sub Area of the 2015 Seminole County/City of Sanford Joint Planning Area.
No additional staffing is anticipated if the rezone is approved.
The 4.03 acre site is located east side of Southwest Road and to the South of Dixie Way, Tangerine Avenue
and Roosevelt Avenue. A borrow pit is located on the south and east sides of the subject property. On July
8, 2019 the City Commission adopted Ordinance No. 4514 annexing the 4.03 acres of property into the
City of Sanford.
Page I of 5
PH -1
The property currently has an SR -1, Single Family Residential zoning classification with an underlying
Future Land Use designation of GC, General Commercial. Rezoning the property to GC -2, General
Commercial will bring it into compliance with the existing GC land use. The applicant is proposing to
develop a commercial/industrial facility for the purpose of customizing and assembling Food Trucks. The
approval of a Conditional Use will be required to establish this use in the GC -2, General Commercial
Zoning district.
The applicant has submitted a request to rezone the property to GC -2, General Commercial, a zoning
classification that is in line with its underlying land use. Pursuant Article II of the LDR, the GC -2 zoning
district is intended to implement the Comprehensive Plan "General Commercial" (GC) Future Land Use
Map designation. The GC -2 zoning district is intended to include the easterly portion of the First Street
business district, as well as, pre-existing commercial corridor development along such major
thoroughfares as French Avenue, Orlando Drive (US 17-92), and strategic intersections along Airport
Boulevard. The GC -2 zoning district is generally located in highly accessible areas adjacent to major
thoroughfares that possess necessary location, site and market requirements. The maximum intensity of
the GC -2 zoning district measured as a floor area ratio is .35.
COMPREHENSIVE PLAN COMPLIANCE REVIEW
Future Land Use Element
Objective FLU 1.1: Implement the Future land Use Map Series. Implement the Future Land Use Map
(FLUM) series in the Future Land Use Element goals of the Comprehensive Plan. The City shall not
approve land use amendments, zoning changes, or development in conflict with these densities and
intensities. The LDRs shall encourage the use of innovative development techniques to achieve a mix of
uses, where appropriate.
Land Use
Map
DensibWntensiN (Maximum
Designations
Symbol
General
50 du/acre (MF)
Commercial(4),
GC
1.0 FAR
1.0 FAR
I du/acre (SF)
Office
25%/75%
50%/75%
0%/10%
Policy FLU 1.3.6: Designate General Commercial Development (GC). The General Commercial (GC)
areas are designated on the Future Land Use Map for purposes of accommodating community -oriented
retail sales and services; highway -oriented sales and services; and other general commercial activities.
Multifamily residential is encouraged as a secondary use to foster sustainable, mixed-use developments
that reduce vehicle miles traveled and support a walkable community.
The General Commercial designation generally shall be located in highly accessible areas adjacent to
major thoroughfares which possess necessary location, site, and market requirements. All new
development within General Commercial designated areas shall be required to comply with performance
criteria.
The General Commercial area is not generally intended to accommodate manufacturing, processing, or
assembly of goods, sales and service of heavy commercial vehicle and equipment, or related services or
Page 2 of 5
PH -1
maintenance activities; warehousing; uses requiring extensive outside storage; or other activities which
may generate nuisance impacts, including glare, smoke or other air pollutants, noise, vibration or major
fire hazards, or other impacts generally associated with more intensive industrial uses.
The GC -2 zoning district is intended to implement the Comprehensive Plan "General Commercial" (GC)
Future Land Use Map designation as described in Policy FL U 1.3.6. The general commercial designation
also includes pre-existing commercial corridor development along such major thoroughfares as French
Avenue, Orlando Drive (US 17-92), and strategic intersections along Airport Boulevard. The GC -2
district generally shall be located in highly accessible areas adjacent to major thoroughfares, which
possess necessary location, site, and market requirements.
2015 SEMINOLE COUNTY/CITY OF SANFORD JOINT PLANNING AGREEMENT
The proposed development is not located within any Planning Sub -Areas of the 2015 City of
Sanford/Seminole County Joint Planning Agreement (JPA) and the rezone is consistent with the 2015
Joint Planning Agreement.
The City's Citizens Awareness and Participation Plan 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, however the applicant held a CAPP meeting on May 12, 2019 at 8:00 am in
the Goldsboro Elementary School Library. Per the applicant, seven members of the community were in
attendance to ask questions and provide feedback. A summary report is attached to this staff memo.
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 the rezone is approved. If any Conditional Uses,
Variances or other deviations from the code are expected, additional public hearings may be required.
The GC -2, General Commercial zoning district includes areas of the City of Sanford that are intended for
community oriented retails sales and services; highway -oriented sales and services; and other general
commercial activities. A rezone to GC -2, General Commercial is consistent with the GC Future Land Use
designation.
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.
Page 3 of 5
PH -1
(2) When a municipality denies an application for a development permit, the municipality shall
14ive 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) lssuance 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).
Staff has determined that a rezone to GC -2, General Commercial is consistent with the GC Future Land
Use designation. It is staffs recommendation that the Planning and Zoning Commission conduct a public
hearing to determine if the proposed rezoning is consistent with the goals, objectives and policies of the
City's Comprehensive Plan. If determined to be consistent, the Commission should recommend that the
City Commission adopt an ordinance to rezone the property.
Additional comments or recommendations may be presented by staff at the meeting.
Page 4 of 5
PH -1
SUGGESTED MOTION:
"I move to recommend the City Commission (Approve/Deny) an ordinance to Rezone 4.03 acres at 1905
Southwest Road from SR -1, Single Family Residential to GC -2, General Commercial 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
CAPP Meeting
T:\Development Review\03-Land Development\2019\1905 Southwest Road - Food Truck Manufacturing\09-19-19\PZC Memo - 1905 Southwest Rd -
Rezone.doex
Page 5 of 5
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ODMay 12mu»1e8:OO@rn[0yC��P.F\meeting was held iOthe library 0fGoldsboro
Elementary SChO0|- This |0C8tiOO proved to be an excellent Dl8edDg point with plenty Of
parking, more than enough seating, and the school allowed mCtOuse their projector toShOvv
my power point pr8S8Ot8tiOD as visual 8|d, A1otai of seven nneDlb8[S of the CoDlDDUDity
attended the meeting, and all were eager tDhear details 0fthe project. ALfirstupVn8[[iV8|
some attendees were confused on what type of business I ran, after a few slides of the
power point presentation they all felt more informed and on the same page of what my plans
are. The following questions were asked:
O:What Access points do|plan touse?
A: Tangerine rd. will be my official and main point 0faccess; Tangerine will also be the
access point for the fire department
Q: What changes will the properties on Tangerine and Dixie Way be expecting?
A:Our Plan iSt0clear the weeds and small foliage atthe dead end ofeach street and create
paved access to my new building along with a gate for controlled access to the new building
to be constructed on the property. I also expressed how my business will bring positive
changes to the community, by fencing and occupying the property this will eliminate some of
the current activities that are going on at the property such as being used as haven for drug
use /dealing, illegal dumping of trash , vandalism , and loitering of the homeless. All the
attendees did come to an agreement of that kind of activity is not welcomed in the
community and that the property being occupied and fenced would almost eliminate these
current issues.
8:Will |beusing any using any harmful chemicals?
A: Chemicals are not used in our regular work routine. Main product used for any cleaning
performed on a truck is Dawn dish soap and we don't use any chemical that you wouldn't
find inyour typical family home.
O:Will there beexcessive noise and what are your working hours?
A: All work will be done inside the new building that will be fully insulated and equipped with
sound deadening material. Our work process is not loud or repetitive like your average tire or
automobile shop. We work on specialty vehicles and only complete a truck or two in a month.
We use hand tools most of the time that your average handy man would use. My hours of
operation are Monday -Friday 9am-5pm. I don't work weekends or on holidays. Everyone
agreed that what I described for noise level and work hours was reasonable and would be
nothing compared to the Sun Rail that wakes them up at 5:30am every morning.
Q: How much traffic will my business bring to the area?
A: Very minimal, my business brings in an average of 8 visits from customers a month.
Customers come in by appointment only. Advertising and appointments are all done online,
and l have no need for curbside advertising or walk- in customers. We stay very busy with our
minimal online advertising and word of mouth. The local food stand across the street brings
in more traffic on a couple good weekends than I will all year.
Overall, this meeting did an excellent job of executing our goals. I was able to formally
introduce myself to the community and meet my neighbors. Members of the community
were able to voice all concerns and ask questions about the future use and development of
my property. I encouraged all to save my phone number and email, and if anyone has any
more questions or concerns to please contact me. I feel this meeting brought us closer
together as neighbors and multiple attendees showed appreciation of me keeping them
informed and hosting this meeting. l have also informed many other members of the
community of my plans to my property when visiting the local BBQ stand where people
gather on multiple occasions. Also, by venturing with my golf cart down the neighborhood
streets and talking to neighbors about my plans when l see them outside. This whole
process of citizen participation and awareness was very fulfilling and successful.
Sincerely,
David Shipp / Truck Kingdom LLC
407-300-8331.
davesdetail@hotmail.com