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4607 Future Land Use 0.42 acre 299 Monroe RoadOrdinance No. 2021-4607 An Ordinance of the City of Sanford, Florida amending the City of Sanford Comprehensive Plan, as previously amended; providing for amendment of the Future Land Use Map of the Future Land Use Element of the City of Sanford Comprehensive Plan relative to certain real property, approximately 0.42 acre in size located at 299 Monroe Road within the City Limits (maps relating to the property are attached) (Tax Parcel Identification Number 16 -19 -30 -SAC -0000-086A)) said property being more specifically described in this Ordinance; providing for legislative findings and intent; providing for assignment of the land use designation for the property; providing for the adoption of maps by reference; providing for severability; providing for ratification of prior acts of the City; providing for conflicts; providing for codification and directions to the Code codifier and providing for the implementation of the statutory expedited State review process and an effective date. Whereas, Monnar Investments, LLC of Winter Park, Florida is the owner of certain real property which land totals approximately 0.42 acre in size with Andre' F. Hickman being the sole authorized person associated with the entity; and Whereas, legal counsel Paul Sills, of 1-4 Properties Inc. of Maitland applied, on behalf of the property owner, 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 Future Land Use Map of the Future Land Use Element of the City of Sanford Comprehensive Plan, as previously amended, relative to subject property be changed from the assignment of the from HIP -TI, High Intensity Planned Development Target Industry (Seminole County future land use designation) to the WIC, Westside Industry and Commerce, future land use designation under the City's Comprehensive Plan ; and Whereas, the subject property is located at 299 Monroe Road and is assigned Tax Parcel Identification Number 16-19-30-5AC-0000-086A by the Property Appraiser of Seminole County; and Whereas, the subject property is located at the southeast corner of Narcissus Avenue and Monroe Road (County Road 15/United States Highway 17-92); and Whereas, the proposed development is located within a Planning Sub -Area 8 of the 2015 City of Sanford/Seminole County Joint Planning Agreement (JPA); and Whereas, under the JPA the HIP -TI, High Intensity Planned Development — Target Industry (Seminole County future land use designation) is equivalent to the WIC, Westside Industry and Commerce (City future land use designation) and Exhibit "B" of the JPA describes equivalent future land use designations in the City and the County comprehensive plans and the proposed change in future land use designation thereunder has been deemed equivalent due to their similar intensities and densities of allowable development; and Whereas, the City of Sanford's Planning and Zoning Commission (P&ZC), as the City's local planning agency, held a public hearing May 6, 2021, in order to consider amending the Future Land Use Map of the Future Land Use Element of the City of Sanford Comprehensive Plan and unanimously recommended approval of the proposed Future Land Use Map amendment to the Comprehensive Plan for the subject property as requested by the property owner; and Whereas, Section 163.3184(3), Florida Statutes, relates to the amendment of adopted local government comprehensive plans and sets forth certain requirements relating to an expedited process of State review of proposed amendments to local government comprehensive plans and relates to processes and actions relating thereto; Tn Whereas, with regard to the Citizen's Awareness Participation Plan (CAPP) requirements of the City, a CAPP meeting was not required to convert the future land use designation assignment from the County's assignment into the City's Comprehensive Plan; 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 application be approved and has otherwise reviewed and evaluated the application to determine whether it 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 determined that the proposed amendment of the City's Comprehensive Plan relative to the subject property as set forth in this Ordinance is internally consistent with the Comprehensive Plan of the City of Sanford and is consistent with the controlling provisions of State law; and Whereas, the City Commission concluded that the overall goals, objectives and policies of the City's Comprehensive Plan and the controlling State law support the approval of the application; and Whereas, the City of Sanford has complied with all requirements and procedures of Florida law in processing this amendment to the City of Sanford Comprehensive Plan including, but not limited to, Section 163.3184, Florida Statutes, as well as other controlling law; and 31 Whereas, additionally, this Ordinance is enacted pursuant to the home rule powers of the City of Sanford as set forth at Article VIII, Section 2, of the Constitution of the State of Florida; Chapter 166, Florida Statutes, and other applicable controlling law. 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 Commission agenda memorandum relating to the application relating to the proposed amendment to the City of Sanford Comprehensive Plan pertaining to the subject property. (b). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. (c). This Ordinance is internally consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford. (d). The exhibits to this Ordinance are incorporated herein as if fully set forth herein verbatim. Section 2. Amendment to Future Land Use Map/Future Land Use Designation. (a). The Future Land Use Plan Element of the Comprehensive Plan of the City of Sanford and the City's Future Land Use Map are hereby amended by from the HIP - TI, High Intensity Planned Development Target Industry (Seminole County future land use designation) to the WIC, Westside Industry and Commerce, future land use designation under the City's Comprehensive Plan, with regard to the real property which is the subject of this Ordinance as set forth herein. (b). The property which is the subject of this Comprehensive Plan amendment 4 �D is more specifically defined, described and depicted in the exhibits to this Ordinance. Section 3. Implementing Administrative Actions. The City Manager, or designee, is hereby authorized to implement the provisions of this Ordinance as deemed appropriate and warranted. Section 4. Incorporation Of Maps. The maps attached to this Ordinance are hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance. Section 5. Ratification Of Prior Actions. The prior actions of the City Commission and its agencies in enacting and causing amendments to the Comprehensive Plan of the City of Sanford, as well as the implementation thereof, are hereby ratified and affirmed. Section 6. Severability. If any section, sentence, phrase, word, or portion of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validitrdinorce, or effect of any other action or part of this Ordinance. Section 7. Conflicts. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 8. Codification/Instructions to Code Codifier. It is the intention of the City Commission of the City of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the codified version of the City of Sanford Comprehensive Plan and/or the Code of Ordinances of the City of Sanford, Florida in terms of amending the Future Land Use Map of the City. Section 9. Effective Date. The Comprehensive Plan amendment set forth herein shall not become effective, in accordance with Section 163.3184(3), Florida Statutes, until 31 days after the State land planning agency (Florida Department of Economic Opportunity) notifies the City that the Plan amendment package is complete. If timely challenged, the Plan amendment shall not become effective until the said State land planning agency or the Administration Commission enters a final order determining the adopted amendment to be in compliance. Passed and adopted this 14th day of June, 2021. Attest: Traci Houchin, MMC, ECRM City Clerk Approved as to form and legality William L. Colbert, Esquire City Attorney City CoMM1srQjop of the City of Sanford, WW ) / / /// � � 41 Mawr 61 T-OR,6 FLORIDA CITY COMMISSION MEMORANDUM 21-127 JUNE 1 4, 2021 AGENDA To: PREPARED BY: SUBMITTED BY: SUBJECT: Honorable Mayor and Members of the Eileen Hinson, AICP — Plaru Norton N. Bonaparte, Jr., C� Amend the Future Land Use Monroe Road from HIP -TI, Industry (Seminole County Commerce (City designatig? STRATEGIC PRIORITIES: WS_ RM X Item No. of a 0.42 acre property at 299 ;`Intensity Planned Development Target gnation) to WIC, Westside Industry and El Unify Downtown & the Waterfront n Promote the City's Distinct Culture Z Update Regulatory Framework Z Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: A request to amend the Comprehensive Plan Future Land Use designation for 0.42 acre at 299 Monroe Road from HIP -TI (Seminole County) to WIC (City of Sanford) has been received. The property owner is Mannar 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. No CAPP was required to convert the land use into the City Comprehensive Plan. 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 land use amendment is approved. BACKGROUND: The 0.42 acre site is located at the southeast comer of Narcissus Avenue and Monroe Road (CR 15/US 17-92). The applicant has submitted a request to amend the future land use map designation for 0.42 acre from HIP -TI, High Intensity Planned Development Target Industry (Seminole County designation) to WIC, Westside Industry and Commerce (City designation) for the purpose of a future industrial development. 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, the subject property retained the Seminole County future land use designation. The equivalent City future land use designation is WIC, Westside Industry and Commerce. On February 8, 2021 the City Commission adopted Ordinance No. 4538 that rezoned the subject parcel from AG, Agriculture to RI, Restricted Industrial. The applicant is proposing to incorporate this parcel into a larger development for industrial flex space and future uses consistent with the RI -1, Restricted Industrial zoning which is 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 I-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. Per the State's Policy Act (Chapter 163 F.S.), any plan amendment shall discourage the proliferation of urban sprawl. In order to determine that a plan amendment does not constitute urban sprawl, the amendment must be analyzed as to whether it incorporates a development pattern or urban form that achieves four or more of the following eight criteria: 1. Directs growth and development to areas of the community in a manner that does not adversely impact natural resources; 2. Promotes the efficient and cost effective provision or extension ofpublic infrastructure and services; 3. Promotes walkable and connected communities and provides for compact development and a mix of uses at densities and intensities that support a range of housing choices and a multimodal transportation system; 4. Promotes conservation of water and energy; 5. Preserves agricultural areas and activities; 6. Preserves open space and natural lands and provides for public open space and recreation needs; 7. Creates a balance of land uses based on demands of residential population for the nonresidential needs of an area; and, 8. Provides uses, densities and intensities of use and urban form that would remediate an existing or planned sprawl development pattern or provides for an innovative development pattern such as transit oriented development or new towns. The proposed amendment has been analyzed and found to promote the following criteria: 1, 2, 3 and 7. • Criteria I — The subject site is not located within a well field protection zone or acquifer recharge area. • Criteria 2 — The subject parcel will be incorporated into a larger development for industrial flex space. To the north is a developed commerce park and to the east is an existing multi family apartment complex. • Criteria 3 — Irrigation on the proposed development would be provided by the City of Sanford reclaim service. • Criteria 7 — The WIC, Westside Industry and Commerce (City of Sanford designation) which is equal vent to the HIP -TI, High Intensity Planned Development Target Industry (Seminole County designation) 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 CSX Main Rail Line also provides a transportation amenity of Regional significance. The additional land to be used for non-residential uses will help strengthen the city's economic base and provide employment. Staff has outlined Goals, Objectives and Policies (GOP's) that are compatible with the proposed amendment: Goal FLU 1 Manage Land Use Distribution and Provision of Services and Facilities. The City shall promote an orderly distribution of land uses in an economically, socially, and environmentally acceptable manner while ensuring the adequate and timely provision of services and facilities to meet the needs of the current and projected populations. The proposed amendment is consistent with the Goal FLU I because it will help to ensure that land uses are located in a rational and efficient manner and promote economic development. The existing land use is not appropriate for the site given its location and the trend of development in the area. The proposed use is more rational and efficient at this location and is compatible with the evolving WIC uses. Objective FLU 1.12: Promote Westside Industry and Commerce (WIC). 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 I-4 as well as SR 417 and the SunRail commuter line provides access to Regional markets and a substantial labor force. The CSX Main Rail Line also provides a transportation amenity of Regional significance. The proposed amendment is consistent with Objective FLU 1.12 because it will allow for additional land to be used for non-residential uses that will help strengthen the city's economic base and provide employment. Objective FLU 1.15 Prevent Proliferation of Urban Sprawl and Develop Efficient Systems for Coordinating the Timing and Staging of Public and Private Development. The City shall continue to enforce adopted LDRs which require that proposed land uses be adequately served by management, solid waste disposal and hazardous waste management. The subdivision and site plan review processes shall provide a unified system for coordinating the efficient location, timing, phasing, and scale of public and private development. For example, in order to abate urban sprawl and maximize use of existing infrastructure all new development shall be required to hook up to the existing central water and wastewater system. The development of the subject property will be subject to the City's Concurrency Management System and Land Development Regulations. The subject property is within sub -area 8 of the Seminole County/City of Sanford Joint Planning Area. This area is reserved for target industry and SunRail support type development as there is limited vacant acreage available on which target industry will be able to locate. Single-family and low or medium density residential development are not compatible within this area. Per Exhibit B of the 2015 Seminole County/City of Sanford Joint Planning Agreement the HIP - TI, High Intensity Planned Development — Target Industry (Seminole County Land Use Designation) is equivalent to the WIC, Westside Industry and Commerce (City of Sanford Land Use Designation). Exhibit B describes equivalent future land use designations in the City and the County comprehensive plan. The designations have been deemed equivalent due to their similar intensities and densities of allowable development. LEGAL REVIEW: The City Attorney has reviewed the staff report and has noted the following: This matter is not a quasi-judicial matter as amendments to local government comprehensive plans are legislative in nature. That being said, if a proposal to amend the City Comprehensive Plan is to be recommended for denial, it would be appropriate to state the particular reason for such a recommendation to be considered by the City Commission - such as the proposal is internally inconsistent with a goal, objective or policy of the Comprehensive Plan or inconsistent with controlling State law or the like. The City Commission approved the first reading of Ordinance No. 4607 on May 24, 2021. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on June 2, 2021. RECOMMENDATION: Staff finds that the small scale land use amendment is appropriate and suitable for the subject site and is compatible with the surrounding land uses and is consistent with the City of Sanford Comprehensive Plan, Joint Planning Agreement and Chapter 163 of Florida Statutes. On May 6, 2021, per staff's recommendation of approval, the Planning and Zoning Commission voted to recommend the City Commission adopt Ordinance No. 4607. Additional comments or recommendations may be presented by staff at the meeting. SUGGESTED MOTION: "I move to adopt Ordinance No. 4607. Attachments: Project Information Sheet Site Vicinity Map Site Aerial Map Affidavit of Ownership Letter from Applicant Ordinance No. 4607 TADevelopment Review%03-Land Development12021\299 Monroe Road - CPATC MectingTC Memo -299 Monroe Rd - SCCPA.docx NOTICE OF PUBLIC HEARING TO AMEND FUTURE LAND USE Notice is hereby given that a Public Hearing will be held by the City of Sanford Planning & Zoning Commission, acting as the City of Sanford's Local Planning Agency, in the City Commission Chambers, City Hall, Sanford, Florida at 10 AM on Thursday, May 6, 2021 to consider the proposed amendment to the Comprehensive Plan for 299 Monroe Road. Request: To consider the Comprehensive Plan Amendment to change the Future Land Use map designation for 0.42 acre at 299 Monroe Road from HIP - TI, High Intensity Planned Development Target Industry (Seminole County) to WIC, Westside Industry and Commerce (City of Sanford). Legal Description: N 172.5 FT OF W 175.5 FT OF LOT 86 (LESS RD) ST JOSEPHS PB 1 PG 114 Tax Parcel Number: 16-19-30-5AC-0000-086A The property being more generally described as 299 Monroe Road. The Planning & Zoning Commission will submit a recommendation to the City Commission in favor of, or against, the requested amendment. All parties in interest and citizens shall have an opportunity to be heard at said hearing. By order of the Planning & Zoning Commission of the City of Sanford, Florida, this 21" day of April, 2021. PUBLISH: 4.25.2021 Mike Loader, Chairman Planning & Zoning Commission In accordance with the Americans with Disabilities Act, persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk at 407.688.5010 at least 48 hours in advance of the meeting. Advice to the public: If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he or she may need a verbatim record of the proceedings, including the testimony and evidence, which record is not provided by the City of Sanford. (FS 286.0105) City of Sanford Comprehensive P-lan Amendment Site: 299 Monroe Road Parcel No: 16-19-30-5AC-0000-086A Proposed Future Land Use: HIP -TI, Higher Intensity Planned Development - Target Industry to WIC, Westside Industry & Commerce 2.30 Acres Legend Existing Land Use 299 Monroe Road Industrial Future Land Use Institutional 299 Monroe Road Public III rri, M91— lw­i(y Planned D—Ip.—E Multi -family . Tagcl I.d.., Westside Industry & Commerce Single Family Residential Vacant lot%, N City of Sanford Department of Planning & Development Services, May 2021 May 2021 Present Future Land Use Requested Future Land Use CITY OF S�NFORJ,,,, 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: I. 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. III. 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. Applicants Agent (Print): Signature: Agent Address: Email: Phone: Fax Ill. 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 n Corporation a Land Trust o Partnership 11 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 it 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: 1 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 companV, list the name, address, and title of each manager ormanaging member; and the name and address of each additional member with two percent (Z%) or more membership interest. If any member with two percent (2%) or more membership inkareut, manager, or managing member is a cnrpomtkon, trust orpartnership, please provide the information required inparagraphs 2.3and/or 4above. Name ofLLC: Nionnn,mvstmen*LLC 5. In the circumstances of contract for purchase, list the name and address of each contract purchaoor. 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 LI -C P.O. Box 941618, Maitland, FL 32794 100% Andre'F. Hickman Trustee P.O. Box 941618, Maitland, FIL 32794 Joeiane Ward Beneficiary P.O. Box 941618, Maitland, FL 100% (Use additional sheets for more space.) 32794 7. As to any type of owner referred to above, a change of ownership occurring subsequent tothe execution cfthis document, shall ba 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. O, iaffirm that the above representations are true and are based upon mypersonal knowledge and belief after all reasonable inquiry. | understand that any failure to make mandated disclosures io grounds for the subject rezone, hohum land use amendment special excaphon, or variance involved with this Application to become void nrfor the submission for procurement activity ho he non- responsive. | certify that } am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures herein. STATE OF FLORIDA COUNTY OF SEMINOLE | HEREBYCERTP/ that on this before me, an officer duty authorized to administeroathand take personally appeared Andre'F. HIcknian, Manager who is personally known to me or who produced NIA as identification and acknowledged before me that s/he ex6cu�lld the sNe. Sworn and subscribed before me, by by means of %physical presence or(} online notarization on the lb' ayof Dc(c—�e, , 2020, the said person did take an oath and was First duly sworn 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. WITNESS my hand and official seat in the County and State last aforesaid this p 16day of 2020. Affidavit of Ownership - February 2020 MyLomm,clipiresi-euxv, JUZI Monnar Investments, LLC Post 04ice box 941 618 Maitland, Florida 5279+ Phone: (+07) 629-1658 Fax: (+07) 629-9192 April 20, 2021 Eileen Hinson, AICP Development Services Manager City of Sanford P.O. Box 1788 Sanford, Florida 32772-1788 RE: Mannar Investments, LLC — 299 Monroe Road Land Use Change Dear Eileen, Please be advised that our property located at 299 Monroe Road was annexed into the City of Sanford on November 9, 2020. At the time it was annexed, naturally, it had a Seminole County land use desicy0nation and zoning classification. Once annexed, our company continued the work of a prior contract purchaser to change the zoning of the property from AG to RI -1. This was accomplished at the City Commission meeting on February 8, 2021. However, the property remains under the Seminole County land use designation and needs to be switched to an equivalent City of Sanford land use. We have petitioned the City to accomplish this change from Industrial to the WIC (Westside Industry and Commerce) land use designation. As an additional matter, the company is also the owner of the adjacent 8.7 acre parcel which is zoned RI -1 and carries a land use designation of WIC. Both parcels will likely constitute one project. If you have any questions in this regard, please let us know. We certainly appreciate your attention and look forward to the change in land use. Sincerely, MONNAR INVESTMENTS, LLC Paul M. Sills General Counsel Pms/pIlls