4539 Rezone Ord 3525 Sipes AveOrdinance No. 2020-4539
An ordinance of the City of Sanford, Florida providing for the rezoning
of real property totaling 0.56 acre in size (Tax identification Parcel
Number: 03-20-31 -5AY-0000-037A (generally addressed as 3525 Sipes
Avenue) within the City Limits (map of the property attached) from the
County Agriculture ("AG") zoning district/classification to the City's
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, Fastenal Company, a foreign profit corporation from Minnesota , is
the owner of the property which is the subject of this Ordinance (Tax Parcel Identification
Number: 03-20-31-5AY-0000-037A as assigned by the Seminole County Property
Appraiser); and
Whereas, the owner's agent as applicant for the rezoning action set forth
herein is Cara Leuck, P.E., of Anchor Construction, LLC, which is located in Granger,
Indiana; and
Whereas, the real property (a site 0.56 acre in size) is located on the east side
of Sipes Avenue, south of Marquette Avenue; and
Whereas, on March 11, 2019, the City Commission enacted Ordinance
Number 4496 which rezoned 37.08 acres from GC -2, General Commercial, and AG,
Agriculture, to RI -1, Restricted Industrial, for the purpose of developing a large industrial
project; and
Whereas, on January 27, 2020, the City Commission adopted enacted
Ordinance Number which annexed the 0.56 acre of real property which is the subject of
this Ordinance into the City with the intent of including the subject property into the larger
industrial project; 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 Restricted Industrial ("RI -1") zoning
district/classification from the existing Agriculture ("AG") zoning district/classification
which was assigned by Seminole County, Florida; and
Whereas, the applicant held a modified CAPP (Citizens Awareness and
Participation Plan) meeting as this parcel is to be incorporated into the larger
aforementioned 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
Whereas, The proposed development is located within Planning Sub -Area 4 of
the 2015 City of Sanford/Seminole County Joint Planning Agreement (JPA) and the
proposed rezoning is consistent with the JPA; and
Whereas, on February 6, 2020 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
21 w
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 0.56 acre in size, shall be
rezoned from the County Agriculture ("AG") zoning district/classification to the Restricted
Industrial ("RI -1") zoning district/classification:
Tax Identification Parcel Number Owner
03-20-31-5AY-0000-037A Fastenal Company
(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 and consistent with the
provisions of Section 166.033, Florida Statutes.
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 9th day of March, 2020.
Attest:
Traci Houchin, CIVIC, FCRM
City Clerk
Approved as to form and legal sufficiency.
-William L. Colbert, City Attorney
City Commission of the City of
Sanford, Florida 7
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PROJECT INFORMATION — 3525 SIms AVENUE
REZONE
Requested Action: Request to rezone 0.56 acre at 3525 Sipes Avenue from AG, Agriculture to RI -1,
Restricted Industrial
Proposed Use: Commercial/Industrial Development
Project Address: 3525 Sipes Avenue
Current Zoning: AG, Agriculture
Proposed Zoning: RI -1, Restricted Industrial
Legal Description:
N 226 FT OF W 118 FT OF LOT 37, SANFORD CELERY DELTA
PB 1 PGS 75 + 76
Tax Parcel Number:
03-20-31-5AY-0000-037A
Site Area:
0.56 acre
Property Owners:
Fastenal Company
2001 Theurer Blvd.
Winona, MN 55987-1500
Applicant/Agent:
Cara Leuck, P.E. – Anchor Construction
7121 Grape Road
Granger, IN 46530
cleuck@anchorconstniction.com
CAPP Meeting: Given the nature of the straight rezone, a modified CAPP process was completed.
Commission District: District 1 – Commissioner Art Woodruff
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: HIP -AP, High Intensity Planned Development - Airport
Proposed Future Land Use AIC - Airport Industry & Commerce
Existing Land Use: Single Family Residential
Surrounding Uses and Zoning:
Zoning
North RI -1, Restricted Industrial
South A-1 County
PD
East AG, Agriculture
A-1, Agriculture
West RI -1, Restricted Industrial
Use
Orlando Sanford Airport
Vacant (County)
Proposed Hotel
US Army Reserve Center
AgriculturelVacant
Orlando Sanford Auport
CONCURRENCY
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 service): 0.806 MGD 0.624 MGD
** As provided by the City of Sanford's Utility Department. (CUP — Consumptive Use Permit)
T:\Development Review\03-Land Development\2020\3525 Sipes Ave - Fastenal Rezone\Project Info - 3525 Sipes Ave - Rezone.doc
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SITE
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3525 Sipes Avenue
Parcel No: 03-20-31-5AY 0000-037A
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S ORD AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
HFLORIDA
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Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
Ownership
I. Dana Johnson, VP Corporate Real Estate, Fastenal Company hereby attest to ownership of the property described below:
Tax Parcel Number(s): 0320315AY0000037A
Address of Property. 3525 Sipes Avenue
for which this annexation and re -zone
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 personal knowledge.
Applicant's Agent (Print): Cara Leuck Signature:
Agent Address: 7121 Grape Road, Granger, IN 46530
Email cleuck@anchorconstruction.com Phone: 5742221750 Fax: 5742713343
Iii. Notice to Owner
A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require anew 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. (Le.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc.)
Annexation, Re -zone, Development Plan
The owner of the real property associated with this application or procurement activity is a (check one)
o Individual A Corporation ri Land Trust n Partnership o Limited Liability Company
o Other (describe):
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, fist 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/OFFICE/TRUSTEE ADDRESS % OF
OR BENEFICIARY INTEREST
(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.
12/2/2019
Date
STATE OF FLORIDA .
oy-
COUNTY OF S 2,rK ( rto 0!
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Swom to (or affirmed) and subscribed before me byv
on this ZiVV. day of 0 (,G&WV �?� 20 "'1
Signature of Notary Public
Personally Known L OR Produced Identification
Type of Identification Produced
Afruiavit of Ovmarchip - Jarwar}r 2016
Owner Agent, Applicant Signature
ELLE CATHERINE WEAVER
LaGrange County
Commission # 710236
my Commission Expires
February 07, 2026
Print, Type or Stamp Name of Notary Public
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01"MEM
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FLORIDA
CITY COMMISSION MEMORANDUM 20038
MARCH 9, 2020 AGENDA
To: Honorable Mayor and Members of the City
PREPARED BY: Jordan Smith, AICP, PP — Development Sg:
SUBMITTED BY: Norton N. Bonaparte, Jr., City Man
SUBJECT: Request to rezone 0.56 acre at 3525
1, Restricted Industrial
WS RM
Item No. `7
venue from AG, Agriculture to RI -
THIS IS A QUASI-JUDICIAL MATTER AND, ASS 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 0.56 acre at 3525 Sipes Avenue from AG, Agriculture to RI -1, Restricted Industrial,
has been received.
The property owner is Fastenal Company and the applicant is Cara Leuck with Anchor Construction.
Information pertaining to the CAPP process 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 single family residence,
however, the structure is unoccupied and in disrepair. Based on the 2019 property tax roll, the subject
property has a total assessed value of $ 70,013. The total tax bill for the property in 2019 was $1,054.53.
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 0.56 acre site is located on the east side of Sipes Avenue, south of Marquette Avenue. On March
11, 2019, the City Commission adopted Ordinance No. 4496 rezoning 37.08 acres from GC -2, General
Commercial and AG, Agriculture to RI -1, Restricted Industrial for the purpose of developing a large
industrial project. On January 27, 2020, the City Commission adopted Ordinance No. 4537 annexing
an additional 0.56 acre property into the City with the intent of the applicant to include the property
into the larger industrial project. When annexed, the property was assigned an equivalent AG,
Agriculture zoning classification with a consistent land use of AIC, Airport Industry and Commerce.
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. The Planning and Zoning Commission approved a variance
request to allow reduced buffers and setbacks for portions of the proposed larger development on
October 3, 2019, based on the proposed development being consistent with the RI -1 zoning and
compatible with the uses currently surrounding the property. A modified CAPP process was completed
as part of the variance that in part impacted the neighbors on this property. The applicant has since
acquired the property and is seeking a rezone to RIA, Restricted Industrial to be consistent with the
remainder of the proposed project.
As no additional standards or conditions can be placed upon this type of rezone, the rezone is presented
to determine whether 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, however, is encouraged. 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
expected, additional public hearings may be required and therefore subject to the necessary CAPP
meeting component at that time.
The proposed development is located within Planning Sub -Area 4 of the 2015 City of
Sanford/Seminole County Joint Planning Agreement (JPA). The Rezone request is consistent with both
the JPA and City of Sanford Comprehensive Plan.
On February 6, 2020, the Planning and Zoning Commission conducted a public hearing to determine
if the request is consistent with the Goals, Objectives and Policies of the City's Comprehensive Plan
and recommended the City Commission adopt an ordinance to rezone from AG, Agriculture to RI -1,
Restricted Industrial for the 0.56 acre subject property with a project address of 3525 Sipes Avenue.
LEGAL REVIEW:
The City Attorney has reviewed the staff report and has noted the following: Section 166.033, Florida
Statutes, provides as follows (please note emphasized text):
°(1) When reviewing an application for a development permit that is certified by a professional listed
in s. 403.0877, a municipality may not request additional information from the applicant more
than three times, unless the applicant waives the limitation in writing. Before a third request for
additional information, the applicant must be offered a meeting to attempt to resolve outstanding
issues. Except as provided in subsection (4), if the applicant believes the request for additional
information is not authorized by ordinance, rule, statute, or other legal authority, the
municipality, at the applicant's request, shall proceed to process the application for approval or
denial.
(2) When a municipality denies an application for a development permit, the municipality
shall give written notice to the applicant. The notice must include a citation to the
applicable portions of an ordinance, rule, statute, or other legal authority for the denial of
the permit.
(3) As used in this section, the term "development permit" has the same meaning as in s. 163.3164,
but does not include building permits.
(4) For any development permit application filed with the municipality after July 1, 2012, a
municipality may not require as a condition of processing or issuing a development permit that
an applicant obtain a permit or approval from any state or federal agency unless the agency has
issued a final agency action that denies the federal or state permit before the municipal action on
the local development permit.
(5) Issuance of a development permit by a municipality does not in any way create any right on the
part of an applicant to obtain a permit from a state or federal agency and does not create any
liability on the part of the municipality for issuance of the permit if the applicant fails to obtain
requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes
actions that result in a violation of state or federal law. A municipality shall attach such a
disclaimer to the issuance of development permits and shall include a permit condition that all
other applicable state or federal permits be obtained before commencement of the development.
(6) This section does not prohibit a municipality from providing information to an applicant
regarding what other state or federal permits may apply."
The above -referenced definition of the term "development permit" is as follows:
"(16) 'Development permit' includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or any other official action of local
government having the effect of permitting the development of land." (Section 163.3164(16),
Florida Statutes).
Thus, if this application is denied, a denial development order must be issued which must cite to the
applicable portions of each ordinance, rule, statute, or other legal authority supporting the denial of the
application. For example, if a goal, objective or policy of the Sanford Comprehensive Plan were to be
the basis for a denial, then such goal, objective or policy must be part of the motion proposing the
denial. A denial development order would be drafted to implement the actions of the Planning and
Zoning Commission in the event of such occurrence. Accordingly, any motion to deny must state, with
particularity, the basis for the proposed denial.
The term "development order" is defined as follows and, as can be seen, refers to the "granting,
denying, or granting with conditions [ofJ an application"
"(15) `Development order' means any order granting, denying, or granting with conditions an
application for a development permit." (Section 163.3164(15), Florida Statutes).
The City Commission approved the first reading of Ordinance No. 4539 on February 24, 2020.
The City Clerk published notice of the Public Hearing in the Sanford Herald on March 1, 2020.
RECOMMENDATION:
Planning and Zoning Commission, along with staff, recommend the City Commission approve the
request to rezone 0.56 acre with a project address of 3525 Sipes 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. 4539 to rezone 0.56 acre with a project address of 3525 Sipes 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. 4539