4559 Rezone 1.38 acres 1720 W 1st StOrdinance No. 4559
An ordinance of the City of Sanford, Florida providing for the rezoning
of real property totaling 1.38 acres in size (Tax identification Parcel
Number: 26-19-30-510-0000-0020 (generally addressed as 1720 West
1st Street) within the City Limits (map of the property attached) from
the GC -2, General Commercial, and RMOI, Multiple -Family
Residential -Office -Institutional, zoning districts/classifications to the
GC -2, General Commercial, 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, Wop's Hops Brewing LLC, a Florida limited liability company, is the
owner of the property which is the subject of this Ordinance (Tax Parcel Identification
Number: 26-19-30-510-0000-0020 as assigned by the Seminole County Property
Appraiser); and
Whereas, the owner's agent as applicant for the rezoning action set forth
herein is Nicole Martin of Madden Engineering, Inc., now known as CCD, Inc., of
Maitland; and
Whereas, the real property (a site 1.38 acres in size) is located on the north
side of West 1 st Street (State Road 46) and east of the Sanford Landing Apartments; 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 from the GC -2, General Commercial, and RMOI,
Multiple -Family Residential -Office -Institutional, zoning districts/classifications to the
GC -2, General Commercial, zoning district/classification; and
Whereas, the applicant held a Citizens Awareness and Participation Plan
(CAPP) meeting was held on August 16, 2018 as part of a request for a conditional use
(CU) for Urban Infill Redevelopment for (UIR) and, thus, an additional CAPP meeting for
this rezoning was not warranted since the rezoning is a required condition of approval for
the CU for UIR; 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, on July 9, 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
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 1.38 acres in size, shall be
rezoned from the GC -2, General Commercial, and RMOI, Multiple -Family
Residential -Office -Institutional, zoning districts/classifications to the GC -2, General
Commercial, zoning district/classification:
Tax Identification Parcel Number Owner
26-19-30-510-0000-0020
Wop's Hops Brewing LLC
(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
3 P
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.
4� z
Section 7. Effective Date This Ordinance shall take effect immediately upon
enactment.
Passed and adopted this 10th day of August, 2020.
Attest:
Traci Houchin, MMC, FCRM
City Clerk
Approved as to form and legal sufficie
y -Attorney
5nm
AT—C'4
City Commission of the City of
Sanford, Florid ,,, , f j
511 rc
Requested Action:
Proposed Use:
Project Address:
Current Zoning:
Current Land Use:
Legal Description:
PROJECT INFORMATION - 1720 W I ST STREET
REZONE
Tax Parcel Number:
Site Area:
Property Owner:
Rezone 1.38 acres at 1720 W. I" Street from GC -2, General Commercial
and RMOI, Multiple -Family Residential -Office -Institutional to GC -2,
General Commercial
Craft Brewery and Restaurant
1720 W. 1 st Street
GC -2, General Commercial and RC -1, Restricted Commercial
GC, General Commercial
LOT 2,1700 FIRST STREET, PB 72 PG 1
26-19-30-510-0000-0020
1.38 Acres
WOP'S HOPS BREWING LLC
Applicant/Agent: Nicole Martin — Madden Engineering
Phone: (407) 629-8330
Email: nicole@madden-eng.com
CAPP Meeting: A Citizen Awareness Participation Plan was not required for the Rezone
Commission District: District 1 — Sheena Britton
COMPREHENSIVE PLAN COMPLIANCE REVIEW
Planning staff has reviewed the request and has determined the use and proposed improvements to be consistent
with the Goals, Objectives and Policies of the Comprehensive Plan.
Future Land Use:
Existing Land Use:
Surrounding Uses and Zoning:
WDBD, Waterfront/Downtown, Business District
Vacant
Zonin2 Uses
North RMOI, Multi -Family Residential/Office/ Industrial Vacant
South GC -2, General Commercial Cole HC, Office
East RMOI, Multi -Family Residential/ Office/Industrial Vacant
West GC -2, General Commercial Sunril Patel LLC, Commercial
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.
rtmentsI Sanford Landing
11 Apartments
r, -
W -1 ST—ST
GC -2 a
Central Florida
Regional
Hospital
GC -2
Site
1720 W. 1 st Street R
Parcel No: 26-19-30-510-0000-0020
CITY OF
0 SANFORD AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
FLORIDA
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
I. Ownership
Peter R Minelga CEO/CFO Co -Owner of Wop's Hops Brewing LLC hereby attest to ownership of the property described below:
Tax Parcel Number(s): 26-19-30-510-0000-0020
Address of Property: 1720 W 1ST ST, SANFORD, FL 32771
for which this Rezoning to application is submitted to the City of Sanford.
11. Designation of Applicant's Agent (leave blank if not applicable)
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): Chadwyck H. Moorhead, P.E. Signature:
Agent Address: Madden, Moorhead & Stokes, LLC, 431 E. Horatio Ave., Ste. 260, Maitland, FL 32751
Email: chad@madden-eng.com Phone: 407-629-8330 Fax:
111. 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. (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc.)
The owner of the real property associated with this application or procurement activity is a (check one)
o Individual o Corporation o Land Trust o Partnership 16 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, list the name.and address of each principal in the partnership, including general
or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above.
5. For each limited liability company, list the name, address, and title of each manager or managing member; and the name and
address of each additional member with two percent (2%) or more membership interest. If any member with two percent (2%) or
more membership interest, manager, or managing member Is a corporation, trust or partnership, please provide the information
required in paragraphs 2, 3 and/or 4 above.
Name of LLC. WOP'S HOPS BREWING LLC
6. In the circumstances of a contract for gnu hale, 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 TITLEJOFFICEITRUSTEE ADDRESS % OF
OR BENEFICIARY INTEREST
WOP'S HOPS BREWING LLC 320 S Wild Orange Drive New Smyrna Beach FL 3296e 100
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.
;1:5 0 12,0 2_0
,Date ,
Sworn to (or affirmed) and subscribed before me by
on this day Of
'rVVI
20
k- Signature of Nota Public
Personally Known Signatureof
Produced Identification
Type of Identification Produced
Affiftnt or Ownership - January 2015
ner, Agent pp nt S1 nature
Wop's Hops Brewing LLC
Peter R Minelga CEO/CFO C
Commission# GG 204196
Eypires August 5, 2022
9=WrfflU&*AN0WY SWAM
Print, Type or Stamp Name of Notary Public
own
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FLORIDA
CITY COMMISSION MEMORANDUM 20. 13
AUGUST 10, 2020 AGENDA 7
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Sabreena Colbert — Senior Planner
WS RM
Item No. `7. 90
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Rezone 1.38 acres at 1720 W. 1st Street from GC -2, General Commercial and
RMOI, Multiple -Family Residential -Office -Institutional 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.
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 1.38 acres at 1720 W. 1st Street from GC -2, General Commercial and RMOI,
Multiple -Family Residential -Office -Institutional to GC -2, General Commercial has been received.
The property owner is Wop's Hops Brewing, LLC. A Citizens Awareness and Participation Plan (CAPP)
meeting was held on August 16, 2018 as part of the request for Conditional Use (CU) for Urban Infill
Redevelopment (UIR). An additional CAPP meeting for the rezone request was not warranted since the
rezone is a required condition of approval for the CU for UIR.
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 is vacant. Based on the 2019 property
tax roll, the property has an assessed value of $262,391. The total tax bill for the property in 2019 was
$4,873.77.
No additional staffing is anticipated if the Rezone is approved.
BACKGROUND:
The above referenced property is located on the north side of West 1St Street (SR 46), east of Sanford
Landing Apartments. The property has two zoning classifications; the southwest portion of the property
is zoned GC -2, General Commercial and the remainder of the site is zoned RMOI, Multiple -Family
Residential -Office -Institutional. The Future Land Use designation is WDBD, Waterfront Downtown
Business District.
The applicant has submitted a request to rezone the property to be compliant with the approval for
Conditional Use (CU) for Urban Infill Redevelopment (UIR) to establish a brewery and restaurant for
Wops Hops on the subject property. The Planning and Zoning Commission approved the CU for UIR
on October 3, 2019 subject to�condition (f) per Development Order No. 19-20 which states the following:
(f). As the subject real property is assigned two zoning districts/classifications, the property
owner shall immediately commence the filing of an application rezone the subject real property
to a single zoning classification/district consistent with the uses proposed here within.
The proposed development for Wop's Hops will include a 6,400 square foot building with a mid-sized
brewing system and canning line. In addition to the brewery, the development will incorporate a
restaurant with covered outdoor seating. Rezoning the property to a single zoning district will allow for
consistency with the proposed uses as well as the City of Sanford's Comprehensive Plan.
On July 9, 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 GC -2, General Commercial and
RMOI, Multiple -Family Residential -Office -Institutional to GC -2, General Commercial for the 1.38 acre
subject property with a project address of 1720 W. 1st Street.
LEGAL REVIEW:
The City Attorney has reviewed the staff report and has noted the following: Section 166.033, Florida
Statutes, provides as follows (please note emphasized text):
"(1) When reviewing an application for a development permit that is certified by a professional listed
in s. 403.0877, a municipality may not request additional information from the applicant more
than three times, unless the applicant waives the limitation in writing. Before a third request for
additional information, the applicant must be offered a meeting to attempt to resolve outstanding
issues. Except as provided in subsection (4), if the applicant believes the request for additional
information is not authorized by ordinance, rule, statute, or other legal authority, the municipality,
at the applicant's request, shall proceed to process the application for approval or denial.
(2) When a municipality denies an application for a development permit, the municipality shall
give written notice to the applicant. The notice must include a citation to the applicable
portions of an ordinance, rule, statute, or other legal authority for the denial of the permit.
(3) As used in this section, the term "development permit" has the same meaning as in s. 163.3164,
but does not include building permits.
(4) For any development permit application filed with the municipality after July 1, 2012, a
municipality may not require as a condition of processing or issuing a development permit that an
applicant obtain a permit or approval from any state or federal agency unless the agency has issued
a final agency action that denies the federal or state permit before the municipal action on the local
development permit.
(5) Issuance of a development permit by a municipality does not in any way create any right on the
part of an applicant to obtain a permit from a state or federal agency and does not create any
liability on the part of the municipality for issuance of the permit if the applicant fails to obtain
requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes
actions that result in a violation of state or federal law. A municipality shall attach such a
disclaimer to the issuance of development permits and shall include a permit condition that all
other applicable state or federal permits be obtained before commencement of the development.
(6) This section does not prohibit a municipality from providing information to an applicant regarding
what other state or federal permits may apply."
The above -referenced definition of the term "development permit" is as follows:
"(16) 'Development permit' includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or any other official action of local
government having the effect of permitting the development of land." (Section 163.3164(16),
Florida Statutes).
Thus, if this application is denied, a denial development order must be issued which must cite to the
applicable portions of each ordinance, rule, statute, or other legal authority supporting the denial of the
application. For example, if a goal, objective or policy of the Sanford Comprehensive Plan were to be
the basis for a denial, then such goal, objective or policy must be part of the motion proposing the denial.
A denial development order would be drafted to implement the actions of the Planning and Zoning
Commission in the event of such occurrence. Accordingly, any motion to deny must state, with
particularity, the basis for the proposed denial.
The term "development order" is defined as follows and, as can be seen, refers to the "granting, denying,
or granting with conditions [of] an application"
"(15) `Development order' means any order granting, denying, or granting with conditions an
application for a development permit." (Section 163.3164(15), Florida Statutes).
The City Commission approved the first reading of Ordinance No. 4559 on July 27, 2020.
The City Clerk published not of the 2"d Public Hearing in the Sanford Herald on August 2, 2020.
RECOMMENDATION:
The Planning and Zoning Commission, along with staff, recommend the City Commission adopt
Ordinance No. 4559.
Additional comments or recommendations may be presented by staff at the meeting.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4559."
Attachments: Project Information Sheet
Site Vicinity Map
Site Aerial Map
Affidavit of Ownership
Ordinance No. 4559
T:\Development Review\03-Land Development\2020\1720 W 1st - Wops Hops Rezone\CC RZ Wops Hops\CC Memo - 1720 W 1st Street - Rezone.docx