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4643 Rezone 0.63 acre - 600 Riverview AvenueOrdinance No. 2021-4643 An ordinance of the City of Sanford, Florida providing for the rezoning of real property totaling .58 acre in size (Tax identification Parcel Number: 22-19-30-5AD-0000-021A (generally addressed as 600 Riverview Avenue, but including 610 Riverview Avenue and 2511 Narcissus Avenue) within the City Limits (map of the property attached) from the County Agriculture ("AG") zoning district/classification to the City's Single Family Residential ("SR-1AA") 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, NSP Holdings, LLC is the owner of the property which is the subject of this Ordinance (Tax Parcel Identification Number 22-19-30-5AD-0000-021A as assigned by the Seminole County Property Appraiser); and Whereas, the subject real property (a site .63 acre in size) is located at the southwest corner of Riverview Avenue and Narcissus Avenue and is generally addressed as 600 Riverview Avenue, but includes 610 Riverview Avenue and 2511 Narcissus Avenue; and Whereas, the subject real property is located within sub -area 9 of the 2015 Seminole County/City of Sanford Joint Planning Agreement; and Whereas, the property owner of the property which is the subject of this Ordinance, NSP Holdings, LLC, is a Florida limited liability company with headquarters in Sanford, whose managers are Zachary R. Miller and Curtis G. Miller; and Whereas Mr. Zachary Miller is serving as the applicant and representative of the property owner; and Whereas, on June 27, 2021, the City Commission enacted Ordinance Number I 4609 to annex the property into the City Limits of the City; and Whereas, a modified Citizen Awareness and Participation Plan (CAPP) process adhering to the requirements of the City has been accomplished by Mr. Zachary Miller to the satisfaction of the City; and Whereas, the real property which is the subject of this Ordinance was assigned the County's AG, Agriculture, zoning district/classification prior to annexation of the subject real property; and Whereas, the property 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 Single Family Residential ("SR-1AA") zoning district/classification from the existing Agriculture ("AG") zoning district/classification and the; and Whereas, the City of Sanford's Planning and Zoning Commission, as the City's local planning agency, held a public hearing on October 21, 2021 to consider the rezoning of real property from the County Agriculture ("AG") zoning district/classification to the City's Single Family Residential ("SR-1AA") zoning district/classification and voted to recommend approval of the action; 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, 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 has not waived any rights or remedies by taken the action set forth herein or by approving any successive development orders and reserves any and all rights and remedies available to the City under controlling law including, but not limited to, the protections under the laws pertaining to sovereign immunity. (c). 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 .58 acre in size, shall be rezoned from the County Agriculture, AG, zoning district/classification to the Single Family Residential, SR-1AA, zoning district/classification: Tax Identification Parcel Number Owner 22-19-30-5AD-0000-021A NSP Holdings, LLC The subject real property is more specifically described as follows: The North 157 feet of Lot 21 (less the West 100 feet), PLAT OF THE FLORIDA LAND AND COLONIZATION COMPANY'S CELERY PLANTATION, as recorded at Plat Book 1, Page 129 of the Public Records of Seminole County, Florida. (b). The City Manager, or designee, is hereby authorized to execute any and all documents necessary to formalize approval of the rezoning action taken herein and to revise and amend the Official Zoning Map or Maps of the City of Sanford as may be appropriate to accomplish the action taken in this Ordinance. (c). Conditions of development relating to the subject property may be incorporated into the subsequent pertinent development orders and development permits and such development orders and development permits may be subject to public hearing requirements in accordance with the provisions of controlling law. Section 3. Incorporation of Map. The map attached to this Ordinance is hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance. Section 4. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. Section 5. Severability. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. Section 6. Non -codification. This Ordinance shall 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 MIT. -T4 =H- I a Passed and adopted this 13th day of December, 2021. Attest: City Commission the City of Sanford, lor bwAtwj r rf A �A Traci Houchin, MMC, FC 4. A'i?*o_0dr1V City Clerk Mayor Approved as to form and lep"af.sOfficiency. WE '14rvf4fWt•61b4A`Ch� Atto 5 1 P i -1., PROJECT INFORMATION -- 600 RIvE>RviEw AvENUF- �i. REZONE Requested Action: Rezone 0.63 acres from AG, Agriculture to SR-lAA, Single family Residential at 600 Riverview Avenue (includes 610 Riverview Avenue and 2511 Narcissus Avenue). Proposed Use: Single Family Residential (3 units) Project Address: 600 Riverview Avenue (includes 610 Riverview Avenue and 2511 Narcissus Avenue) Current Zoning: AG, Agriculture Proposed Zoning: SR -IAA, Single Family Residential Current Land Use: Three Single Family Residential units Tax Parcel Number: 22-19-30-5AD-0000-02 1 A Site Area: 0.63 acres Property Owner: NSP Holdings, LLC 8241 Via Bonita Sanford, FL 32771-9728 Applicant/Agent: Zach Miller NSP Holdings, LLC 8241 Via Bonita Sanford, FL 32771-9728 CAPP Meeting: A modified CAPP process was conducted by the applicant. A copy of the letter that was sent is included with this report. Commission District: District 2 — Kerry S. Wiggins, Sr COMPREHENSIVE PLAN COMPLIANCE REVIEW Planning staff has reviewed the request and has determined the use and proposed improvements to be consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Current LDR, Low Density Residential (County) Future Land Use: Proposed LDR-SF — Low Density Residential Single Family (City Equivalent) Future Land Use: Surrounding Uses and Zoning: Lancs Use/Zonin Use North LDR-SF, Low Density Residential Single Family Society of Pius X Church AG, Agriculture South LDR, Low Density Residential/ AG, Agriculture Single Family East LDR, Low Density Residential/ AG, Agriculture Single Fancily West LDR, Low Density Residential/ AG, Agriculture Single Family T:\Development Review\03-Land Development\2021\600 Riverview\Rezone\PZC\Project Info - 600 Riverview - Rezone-413.doc Zoning AG GC -2 MI -2 MR -2 MR -3 MR -1 PD RI -1 SR-lAA Site i00 Riverview Avenue , arcel No: 22-19-30-5AD-0000-021A C W. I ST ST mm Pi ' 11 AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below: 1. Ownership 1, Zachary Miller of NSP Holdings LLC , hereby attest to ownership of the property described below: Tax Parol Number(s): 22 -19 -30 -SAD -0000-021 A Address of PropaarW 600 Riverview Ave for whim this rezone / split / variance application Is submitted to the City of Sanford. U. 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. Applicanes Agent (Print): Zachary Miller Signature: Zaoiary Miller Agent Address: 8241 Via Bonita St. Sanford, FL 32771 Email: millerconstrucdon@cfl.ff.com Phone: 407-222-W92 Fax. 407-264-6284 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 agent is allowed to request Lot split, variances and any necessary items to split this lot The owner of the real property associated with this application or procuremerrt activity Is a (check one) A Individual o Corporation o Land Trust o Partnership a Limited Liability Company o Other (describe}: 1. Ust all ural Persons who have an ownership Interest in the property, which is the subject matter of this petition, by name and address. 2. For each corrraration, list the name, address, and tide 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 Mat 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 lnformation 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 list the nema, mddreso, 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 intmrest, manager, or managing member is a corporation, trust orpartnership, please provide the information required inparagraphs 2.3and/or 4above. Name ofLLC: NSP Holdings LLC G. In the circumstances of o contract for purchase, list the name and address of each contract purchaser. If the purchaser is o 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 ofContract: NAME TITLE/OFFICE/TRUSTEE OR BENEFICIARY ADDRESS % OF INTEREST Zachary Miller MGR 8241 Via Bonita St. Sanford, FL 32771 50 Curtis Miller MGR 8241 Via Bonita St. Sanford, FL 32771 50 (Use additional sheets for more apace.) 7. Aahoany type ofowner referred toabove, 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.| understand that any failure to make mandated disclosures is grounds for the subject rezone. future land use amendment, special excephnn, or variance involved with this Application to become void orfor the submission for o procurement activity to be non- responsive. | certify that | em legally authorized to execute this Affidavit and to bind the Applicant orVendor Va the disclosures herein. STATE OF FLORIDA COUNTY OF AC Sworn to (or affirmed) and subscribed before mo by_____� on this day of 20_-Z-!_ Notary Public Print, Type or Stamp Name of Notary Public ' PezserfhUyKnown L�� OR Produced Nenbficahon[~�! �_ Type ofIdentification Produced Affidmit of Ownership - January 2015 mmmNA PIERAS Now vPublic State mFxxuu �1 Commission * GCA mv /s u,Comm. Expires Oct z/.mo Bonded through National Notary Assn. N MILLER CONSTRUCTION SERVICES LLC 8241 Via Bonita St. Sanford, FL 32771 P(407)792-3955 F(407)264-6284 www.millerconstructionservices.net FL Reg. CBC 1251569 RE: (3) homes at the comer of Narcissus Ave. and Riverview Ave. in Sanford, FL Dear Property Owner, Please accept this letter as an informative notice regarding the property located at the comer of Narcissus Ave. and Riverview Ave., in Sanford. You are receiving this notification because you live in proximity to the site and we would like to share our, proposed, plans. This location is currently a single parcel with (3) existing homes. We have annexed the property into the City of Sanford and are requesting a rezone and variance to divide the parcel into (3) individual parcels containing the respective existing Single Family homes. These homes were built at a time that planning and zoning regulations allowed (3) homes to be built on. We believe that this is a more suitable zoning for the property as its already developed and fits the surrounding residents. Feel free to send an email or call the office. If you have any questions or would like more information, please feel free to contact me. My details are below. Thank you for your time. Respectfully Submitted, Zachary Miller Miller Construction Services LLC 8241 Via Bonita St Sanford, FL 32771 407-792-3955 — Office 407-264-6284 — Fax millerconstruction@cfl.rr.com MILLER CONSTRUCTION SERVICES LLC 8241 Via Bonita St. Sanford, FL 32771 P(407)792-3955 F(407)264-6284 www.millerconstructionservices.net , FL Reg. CBC1 251569 RE: (3) homes at the comer of Narcissus Ave. and Riverview Ave. in Sanford, FL Justification Letter for Rezoning to SRI -AA, This location is currently a single parcel with (3) existing homes. We have annexed the property into the City of Sanford and are requesting a rezone and variance to divide the parcel into (3) individual parcels containing the respective existing Single Family homes. These homes were built at a time that planning and zoning regulations allowed (3) homes to be built on. We believe that this is a more suitable zoning for the property as its already developed and fits the surrounding residents. The layout of the homes are existing and will not be modified as a part of this rezoning variance request. Thank you for your time. Respectfully Submitted, Zachary Miller Miller Construction Services LLC 8241 Via Bonita St. Sanford, FL 32771 407-792-3955 — Office 407-264-6284 — Fax millerconstruction@cfl.rr.com WS RM CITY OF Item No.7. FOX%�" FLORIDA CITY COMMISSION MEMORANDUM 21-266 DECEMBER 13, 2021 AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: Eileen Hinson, Acting Planning Director SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Rezone 0.63 acres from AG, Agriculture to SR-lAA, Single family Residential at 600 Riverview Avenue (includes 610 Riverview Avenue and 2511 Narcissus Avenue). 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 0.63 acres from AG, Agriculture to SR-lAA, Single family Residential at 600 Riverview Avenue (includes 610 Riverview Avenue and 2 511 Narcissus Avenue) has been received. The property owner is NSP Holdings, LLC. A Modified CAPP (Citizens Awareness and Participation Plan) meeting was conducted, by the applicant, tach Miller of NSP Holdings LLC. 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 three single family residential structures constructed in the 1950's located on the one parcel. Based on 2020 tax roll, the subject property had a total assessed value of $181,710. The total tax bill for the subject property in 2020 was $2,298.37. If successfully rezoned, it is the applicant's intent to subdivide the property into three lots that bring the property into compliance with the proposed zoning classification. No additional staffing is anticipated if the rezone is approved. Page I of 4 BACKGROUND: The 0.63 acre site is located on the southwest comer of Riverview Avenue and Narcissus Avenue. The property was annexed by Ordinance No. 4609 on June 27, 2021, with an Agriculture zoning classification. The applicant has submitted a request to rezone the property from AG, Agriculture to SR -IAA, Single Family to convert to a zoning consistent with the single family residential uses on the lot and the residential uses around it. When incorporated into the City, the subject property retained its Seminole County Future Land Use designation of LDR, Low Density Residential. In conjunction with this rezone, the applicant has submitted an application to convert the LDR designation to the City's equivalent of LDR - Low Density Residential — Single Family. The property owner, NSP Holdings, LLC proposes to continue single family use on the property; however, plans to subdivide and reconfigure the property to create individual single family homes on three separate lots and to obtain any approvals necessary to bring the property into a more concurrent standing with the proposed zoning classification. The subject property is located within sub -area 9 of the 2015 Seminole County/City of Sanford Joint Planning Agreement. The City currently provides water to the property and the homes are on septic. The property owner shall be responsible for all impact and connection fees associated with any future connections or utility services from the City and to extend such utility services to the property to the extent that such utilities are available. Below is an excerpt from the City's Comprehensive Plan as it relates to Low Density Residential Land Use. Policy FLU 1.2.2: Designate Low Density Residential — Single Family (LDR-SF) Districts. The areas delineated for LDR-SF development shall include existing stable single family areas, as well as those areas identified for future low density residential single family development in order to provide sufficient land area to meet projected single family housing needs. Areas delineated as LDR-SF shall allow residential development with a maximum density of up to six dwelling units per acre comprised of single family detached homes on individual lots. Supportive community facilities and accessory land uses as defined in the LDRs may be located within areas designated LDR-SF. Development within the LDR-SF designation shall be required to meet the following general criteria together with the performance criteria established in Policy FLU 1. 1.7 in this Element: • Compatible with the quality and character of existing low density single family neighborhoods; • Compatible with existing and anticipated future developments; • Compatible with natural features of the land and other policies within the Comprehensive Plan impacting natural resources. The City will coordinate with the School Board regarding residential development required in the Public School Facilities Element to ensure the availability of adequate school facilities. LEGAL REVIEW: The City Attorney has not reviewed the staff report and the specific analysis provided by City staff, but has noted the following: Section 166.033, Florida Statutes, as amended in the recent Legislative Page 2 of 4 Session, in Chapter 2021-224, Laws of Florida (deriving from Committee Substitute for Committee Substitute for House Bill Number 1059) 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) (a) 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. (b) If a municipality makes a request for additional information and the applicant submits the required additional information within 30 days after receiving the request, the municipality must review the application for completeness and issue a letter indicating that all required information has been submitted or specify with particularity any areas that are deficient within 30 days after receiving the additional information. (c) If a municipality makes a second request for additional information and the applicant submits the required additional information within 30 days after receiving the request, the municipality must review the application for completeness and issue a letter indicating that all required information has been submitted or specify with particularity any areas that are deficient within 10 days after receiving the additional information. (d) Before a third request for additional information, the applicant must be offered a meeting to attempt to resolve outstanding issues. If a municipality makes a third request for additional information and the applicant submits the required additional information within 30 days after receiving the request, the municipality must deem the application complete within 10 days after receiving the additional information or proceed to process the application for approval or denial unless the applicant waived the municipality's limitation in writing as described in paragraph (a). (e) Except as provided in subsection (5), 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. (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 Page 3 of 4 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 City 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 [ofd 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. 4643 on November 8, 2021. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on December 1, 2021. RECOMMENDATION: It is staff's recommendation the City Commission adopt Ordinance No. 4643. SUGGESTED MOTION: "I move to adopt Ordinance No. 4643." Attachments: Project Information Sheet Site Zoning Map Aerial Map Affidavit of Ownership CAPP Letter Justification Letter Ordinance No. 4643 TADevelopment Review\03-Land Development\2021\600 Riverview\Rezone\CC\CC Memo - 600 Riverview - RZ.docx Page 4 of 4