4538 Rezone 0.42 acre at 299 Monroe RoadOrdinance No. 2021-4638
An ordinance of the City of Sanford, Florida providing for the rezoning
of real property totaling 0.42 acre in size (Tax identification Parcel
Number: 16-19-30-5AC-0000-086A (generally addressed as 299
Monroe Road) 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, Monnar Investments, LLC of Maitland is the owner of the property
which is the subject of this Ordinance (Tax Parcel Identification Number:
16-19-30-5AC-0000-086A as assigned by the Seminole County Property Appraiser); and
Whereas, the owner's agent as applicant for the rezoning action set forth
herein is attorney Paul Sills of 1-4 Properties Inc. of Maitland; and
Whereas, the real property (a site 0.42 acre in size) is located on the south side
of Narcissus Avenue and east side of Monroe Road (County Road 15/United States
Highway Number 17-92) and is to be incorporated into a proposed industrial project
located at 255 Monroe Road; and
Whereas, the rezoning of the property from as set forth herein and the
development scenario as proposed (Industrial uses) supports the Redevelop and
Revitalize Disadvantaged Communities strategic priority of the City and the development
of all of the property for industrial flex space and future uses consistent would be
compatible with the RI -1, Restricted Industrial, zoning classification/district and would be
compatible with the uses of the properties surrounding the property; 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 CAPP (Citizens Awareness and Participation
Plan) meeting on August 26, 2019 for the rezone of the original property located at 255
Monroe Road and, thus, a modified CAPP meeting was held for the additional parcel
which is the subject of this Ordinance; 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, the City Commission enacted an ordinance annexing the property
and, at the time of annexation, the subject property was assigned an AG, Agriculture,
zoning classification and an underlying land use of WIC, Westside Industry and
Commerce, land use designation; and
Whereas, the rezoning of the subject property from AG, Agriculture, zoning
district/classification to the RI -1, Restricted Industrial, zoning district/classification
supports the City's strategic priority of redeveloping and revitalizing disadvantaged
communities; and
Whereas, the applicant is proposing to develop industrial flex space for
operating future uses consistent with the RI -1, Restricted Industrial, zoning and
compatible with the uses currently surrounding the property; and
Whereas, on January 7, 2021 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 0.42 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
16-19-30-5AC-0000-086A Monnar Investments, 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
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
41a,
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 8th day of February, 2021.
Attest: City Commission of the City of
Sa rd, Floroa
&db4'VMK,W,VMk 77? ILA
Traci Houchin, MMC, FCRM Yoodruf W,
Aaydr
City Clerk
Approved as to form and legal su der5cy.-
Wilfiam L. Colbert, City Attorney
('I'T'Y QF
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PLANNING & DEVELOPMENT
SERVICES DEPARTMENT
AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
1. Ownership
1, Monnar investments, LLC hereby attest to ownership of the property described below:
Tax Parcel Number(s): 16-19-30-5AC-0000-086A
Address of Property: 299 Monroe Road, Sanford, FL 32771
for which this Rezoning
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):
Agent Address:
Email:
111. Notice to Owner
Signature:
Fax:
A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require a new 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 a 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: Mannar investments, 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
Andre' F. Hickman
Manager
P.O. Box 941618, Maitland, FL 32794
James W. Hickman Marital Trust
Owner of LLC
P.O. Box 941618, Maitland, FL 32794
100°/o
Andre' F. Hickman
Trustee
P.O. Box 941618, Maitland, FL 32794
Sid Vihlen, Jr.
Trustee
P.O. Box 941618, Maitland, FL 32794
Josiane Ward Beneficiary P.O. Box 941618, Maitland, FL 1007
(Use additional sheets for more space.) 32794
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.
X
/
I Difte Ile Oner, 4'ent, lkpplicant gignatu
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day before me, an officer duly authorized to administer oaths and take acknowledgments,
personally appeared Andre'R Hickman, Manager whois personally known to me or who produced NIA as identification
and acknowledged before me that s/he execu d the sarne. Sworn and subscribed before me, by by means of
physical presence or () online notarization on the L6*%ay of Dcgt�& e,,- 2020, the said person did take an oath and was first
'duly swom by me, on oath, said person, further, deposing and saying that s/he has read the foregoing and that the statements and
allegations contained herein are true and correct.
fi
WITNESS my hand and official seal in the County and State last aforesaid this IIV day of �_t e 2020.
- - - - - - - - - - - -
Notary lnrublic; State of+-ro—nda
PAUL K SILLS
(Affix Notarial Seal)
Notary Nk - State of Floddla
COMMMM#GG075083
ffidavit of Ownership - February 2020 Printed Name: Paul m- sins My Cornm, Expires Feb 20,2021
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ZIFF PROPERTIES INC.
Citizen Awareness and Participation Plan
Rezoning/New Construction Project
255/299 Monroe Road, Sanford, Fl,
1. Overview
In the fall of 2019, Ziff Properties, Inc. held a neighborhood meeting to discuss a rezone and new construction project at 255
Monroe Rd. The property is being rezoned from an AG — Agriculture zoning district to an RI- I Restricted Industrial zoning
district in accordance with the City's Future Land Use plan. The existing single family house on the property will be
demolished for the proposed new construction of small bay warehousing and office space in a secured environment.
Ziff Properties, Inc. is now purchasing an adjacent property at 299 Monroe Rd. The currently planned project will expand
onto this site and slightly increase the size of the development. This property will be annexed into the City of Sanford and
rezoned from a County A- I Agriculture zoning district to an RI- I Restricted Industrial zoning district in accordance with the
City's Future Land Use plan.
2. List of Affected Parties Notice
A list of affected parties that were notified by mail of the proposed project and update to include the property at 299 Monroe
Rd. A list of those notified is provided in Appendix A. Per City and CAPP requirements notices were mailed to property
owners within 500 ft of the subject property, and to relevant parties at the City of Sanford.
3. Proposed Project Revision Notice
A copy of the Revision Notice is provided in Appendix B.
4. Summary of Concerns
To date, no comments, concerns or communication have been received from the affected parties notified on this revision.
200 wino Wav, Suite 100 0 Mount Pleasant. SC 29464 0 P: 841.724.3500 0 1 84').7'4.'400
BELLE LLC
530 S RONALD REAGAN BLVD
LONGWOOD FL 32750
DAWYAN LLC
229 SADDLEWORTH PL
LAKE MARY FL 32746
GANESH HOLDINGS NORTH LLC
343 MONROE RD
SANFORD FL 32771
KOHLER, GALE & LEE, INA
51 GRACIE RD
DEBARY FL 32713
KOHLER, STEPHEN G & LEE, DOUGLAS
51 GRACIE RD
DEBARY FL 32713
KRIZ, PAULINE R
103 PALM TER
SANFORD FL 32771
LIVELY, LOUIS C & ANGELA S
107 PALM TER
SANFORD FL 32771
NICHOLS, ANDREW R & CRAWFORD,
PO BOX 67
SANFORD FL 32772
PATEL, RAMBHAI K LIFE EST & PETEL,
349 MEADOW BEAUTY TER
SANFORD FL 32771
SEMINOLE B C C COUNTY SERVICES BLDG
1101 E 1ST ST
SANFORD FL 32771
APPENDIX A
SEMINOLE CO STATE RD 46 LTD C/O
30 S WACKER DR STE 2750
CHICAGO IL 60606
SPIVEY, MELVIN H
PO BOX 471091
LAKE MONROE FL 32747
WADDLE, TIMOTHY A & RHONDA J
1303 SAN FORD AVE
SANFORD FL 32771
F-IMIJ621,1101
ZIFF PROPERTIES INC.
January 6, 2020
Re: Rezoning/New Construction Project
255/299 Monroe Road, Sanford, FL
Dear Current Property Owner,
In the fall of 2019, Ziff Properties, Inc. held a neighborhood meeting to discuss a rezone and new construction project at 255
Monroe Rd. The property is being rezoned from an AG — Agriculture zoning district to an RI -1 Restricted Industrial zoning
district in accordance with the City's Future Land Use plan. The existing single family house on the property will be
demolished for the proposed new construction of small bay warehousing and office space in a secured environment.
Ziff Properties, Inc. is now purchasing an adjacent property at 299 Monroe Rd. The currently planned project will expand
onto this site and slightly increase the size of the development. This property will be annexed into the City of Sanford and
rezoned from a County A- I Agriculture zoning district to an RI- I Restricted Industrial zoning district in accordance with the
City's Future Land Use plan.
If you have any questions or comments, please email them to Patrick Orefice at porefice((�i
,zpi.net. Thank you for your time.
Sincerely,
Ziff Properties, Inc.
Patrick Orefice
Project Manager
200 W1 n,00 Way, S` iitc 100 0 N,lomit Pleas nit. SC 294(-A- 0 11: 8-43.72-4,3500 0 18,43.72,4.3,zIOO
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CITY OF 7) WS_ RM X
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FLORIDA Item No. r7. A
CITY COMMISSION MEMORANDUM 21-039
FEBRUARY 8, 2020 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 Man,Ag-)
'ei
SUBJECT: Rezone 0.42 acre at 299 Monroe Road�frdm`AG, Agriculture to RI -1,
Restricted Industrial
STRATEGIC PRIORITIES:
F-1 Unify Downtown & the Waterfront
F-1 Promote the City's Distinct Culture
Z Update Regulatory Framework
F] Redevelop and Revitalize Disadvantaged Communities
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:
A request to rezone 0.42 acre at 299 Monroe Road from AG, Agriculture to RI -1, Restricted
Industrial, to be incorporated into the project at 255 Monroe Road, has been received.
The property owner is Monnar Investments, LLC. The applicant is Paul Sills of 1-4 Properties Inc.
A CAPP (Citizens Awareness and Participation Plan) meeting was conducted on August 26, 2019
and a modified CAPP meeting update was distributed by mail by the prior applicant. A new owner
is now pursuing the same rezone so a new CAPP process was not required.
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 residential
house of approximately 2,500 square feet built in 1954 and an accessory structure of 1,200 square
feet built in 1959. Based on the 2020 property tax roll, the subject property has a total assessed
value of $131,589. The tax bill for 2020 is $1,483.02. 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.
The 0.42 acre site is located at the southeast comer of Narcissus Avenue and Monroe Road (CR
15/US 17-92). On February 6, 2020, the Planning and Zoning Commission conducted a public
hearing and recommended the City Commission adopt an ordinance to rezone the property from
AG, Agriculture to RI -1, Restricted Industrial. The City Commission considered the first reading
of the Ordinance but never completed the second reading as the original applicant withdrew the
request earlier in the year and did not proceed with the project.
The property was annexed by Ordinance No. 4541 on November 9, 2020 and was assigned an AG,
Agriculture zoning classification. When incorporated into the City's Future Land Use map, it will
be assigned an underlying land use of WIC, Westside Industry and Commerce. The applicant is
proposing to incorporate this parcel into a larger development for industrial flex space and future
uses consistent with the RI- I zoning, compatible with the uses currently surrounding the property.
The "Westside Industry and Commerce" (WIC) area is a mixed use designation intended to
promote the development of employment centers in the vicinity of the West SR 46 corridor and
the commuter rail station. The corridor's proximity to 1-4 as well as SR 417 and the SunRail
commuter line provides access to regional markets and a substantial labor force. The WIC
designation permits both a vertical and horizontal land use mix of commercial, office, residential
with a maximum residential density of 20 dwelling units per acre.
The 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. The applicant has submitted an application to rezone
the property to RI -I, Restricted Industrial a zoning classification that is in line with its underlying
land use. Pursuant Article 11 of the LDR, RI -1 includes areas of the City of Sanford which are
intended for light wholesale and manufacturing uses and related accessory uses. A rezone to RI -1,
Restricted Industrial is consistent with the WIC Land Use classification. A Citizens Awareness
Participation Plan (CAPP) meeting was held by a previous applicant on August 26, 2019 for the
overall project and followed up with a modified CAPP process for this additional parcel. Further
CAPP elements were not required for the new applicant, as the request is a resubmittal by the new
owner, as the previous applicant chose to withdraw from the project.
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 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.
On January 7, 2021, 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 0.42 acre subject property with a project address of 299
Monroe Road.
LEGAL RF-vww:
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. 4538 on January 25, 2021.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on January 31,
2021.
RECOMMENDATION:
Staff has reviewed the information provided and has found the request to rezone from AG,
Agriculture to RI -1, Restricted Industrial to be consistent with the Comprehensive Plan. The
Planning and Zoning Commission shall conduct a public hearing to determine if the proposed
rezoning is consistent with the goals, objectives and policies of the City's Comprehensive Plan. It
is staff's recommendation the City Commission approve the request.
Additional comments or recommendations may be presented by staff at the meeting.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4538."
Attachments: Project Information Sheet
Site Vicinity Map
Site Aerial Map
Affidavit of Ownership
CAPP Meeting Report
Ordinance No. 4538