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4642 Comp Plan Amendment 0.63 acre - 600 Riverview AvenueOrdinance No. 2021-4642 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 .63 acre in size (Tax Parcel Identification Number 22-19-30-5AD-0000-021A), generally addressed as 600 Riverview Avenue, but includes 610 Riverview Avenue and 2511 Narcissus Avenue), and described in this Ordinance from Seminole County SE, Suburban Estates, to City LDR-SF, Low Density Residential; providing for legislative findings and intent; providing for assignment of the land use designation for the property; 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 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 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 SE, Suburban Estates, land use designation prior to annexation of the subject real property; 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 amending the Future Land Use Map of the Future Land Use Element of the City of Sanford Comprehensive Plan and 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 163.3187, Florida Statutes, relates to the amendment of adopted local government comprehensive plans and sets forth certain requirements relating to small scale amendments and which are related to proposed small scale development activities and provides, among other things, that such amendments may be approved without regard to statutory limits on the frequency of consideration of amendments to the City of Sanford Comprehensive Plan; 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 163.3187, Florida Statutes; Whereas, the City of Sanford has complied with Florida's Community Planning Act which was amended during the 2021 Legislative Session by the passage of Committee Substitute for Committee Substitute for Committee Substitute for House Bill Number 59 (initially codified as Chapter Number 2021-195, Laws of Florida) to require every city and county within the State "to include in its comprehensive plan a property rights element" (Section 163.3177(6)(i)1, Florida Statutes). Now, therefore, be in enacted by the People of the City of Sanford, Florida: Section 1. Legislative findings and intent. (a). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. (b). This Ordinance is internally consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford and the proposed Comprehensive Plan amendment does not trigger any urban indicators and adoption of this amendment will discourage the proliferation of urban sprawl within the City of Sanford. Section 2. Amendment to Future Land Use Map. (a). The Future Land Use Plan Element of the Comprehensive Plan of the City of Sanford and the City's Future Land Use Map is hereby amended by changing the land use designation from Seminole County SE, Suburban Estates, to City of Sanford LDR-SF, Low Density Residential, 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 is described in the exhibits hereto and is assigned Tax Parcel Identification Number 22- 19-30-5AD-0000-021A by the Seminole County Property Appraiser and 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. 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. 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 5. 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 validity or effect of any other action or part of this Ordinance. Section 6. Conflicts. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. 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 4 1 P a g e Sanford, Florida in terms of amending the Future Land Use Map of the City. Section 8. Effective Date. The small scale Comprehensive Plan amendment set forth herein shall not become effective, in accordance with Section 163.3187(5)(c), Florida Statutes, until 31 days after the enactment of this Ordinance. If challenged within 30 days after enactment, the small scale amendment set forth in this Ordinance shall not become effective until the State land planning agency or the Administration Commission, respectively, issues a final order determining that the subject small scale amendment is in compliance with controlling State law; provided, however, that this Ordinance shall not take effect until the annexation ordinance annexing the property that is the subject of this Ordinance is final. Passed and adopted this 13th day of December, 2021. Attest: City Commission of Sanford, Florida n �r I A Traci Houchin, MMC, F R�� City Clerk Approved as to form and dam L. Colbert, E's, City Attorney �X /it- fi(4 1A Mayor NTJ 5 1 P a g e PROJECT INFORMATION — 600 Rivmvmw AVENUE COMPREHENSIVE PLAN AMENDMENT Requested Action: Comprehensive Plan Amendment to change 0.63 acres from LDR, Low Density Residential (County) to LDR-SF (City) for recently annexed property 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 & 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-0000-021A 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: 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 Family West LDR, Low Density Residential/ AG, Agriculture Single Family T:\Development Review\03-Land Development\2021\600 Riverview\CPATMProject Info - 600 Riverview Ave - CPA.doc City of Sanford Comprehensive Plan Amendment September 2021 Site: 500 Riverview Avenue (includes 610 Riverview Avenue and 2511 Narcissus Avenue) Parcel NO: 22-19-30-5AD-0000-021A Proposed Future Land Use: Low Density Residential (LDR-SF) (City) 0.63 Acres Legend Existing Land Use Future Land Use Agriculture LOW Density Res. Single F array 1r%% DA "' l^�°°�w � Suburban Estates ON Institutional Public Recreation Multi -family Mobile Home Single Family Residential Transportation Vacant City of Sanford Department of Planning & Development Services, September 2021 LIM 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 Parcel Number(sr 22-19-30-5AD-O000-021 A Address of Property: 600 Riverview Ave for which this rezone / split / variance application is submitted to the City of Sanford. U. resignation of Applicant's Agent (leave blank If not applicable) As the ownedapplfcant 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 to the application is accurate and complete to the best of my personal knowledge. Appficanrs Agent (Print}: Zachary Miller Signature: Zachary Miller w" � -'•-"`"'"� Agent Address: 8241 Via Bonita St. Sanford, FL 32771 Email: milierconstrucdon@cfl.rr.com Phone: 447-222-0692 Fax: 407-264-6284 • ! X1,11 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 limitadons(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 procurement activity is a (check one) A Individual o Corporation o Land Trust a Partnership o Limited Liability Company o Other (describe): 1. List all nature ere who have an ownership interest in the property, which is the subject matter of Oft petition, by name and address. 2. For each corriaration, 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 stack 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 ust, 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 garbwshigsr, Including limited partnerships, list the name and address of each principal to the partnership, Including general or limited partners. If any partner is a corporation, please provide the information required In paragraph 2 above. 1 Ei For each limited liabilitV company, list the nemn, eddreas, 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 (29&) or more membership inbaremt, manager, or managing member is s oorporation, trust orpartnership, please provide the information required inparagraphs 2.3and/or 4above. Name of LLC: NSP Holdings LLC 6. In the circumstances ofa contract for purchase, list the name and address ofeach contract purchaser. If the purchaser is corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and/or 5 above. Name cfPurchaser: Date ofContract: NAME TITLE/OFFICEITRUSTEE 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 space.) 7. Aeboany 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. I understand that any failure to make mandated disclosures is grounds for the subject rezone. future land use amendment, special excepUon, or variance involved with this Application to become void nrfor the submission fora procurement activity to be non- responsive. | certify that | am legally authorized to execute this Affidavit and to bind the Applicant orVendor to the dimn|oauma herein. STATE OF FLORIDA COUNTY OF Sworn to (or affirmed) and subscribed before ma by rim MILLER CONSTRUCTION SERVICES LLC 8241 Via Bonita St. Sanford, FL 32771 P(407)792-3955 F(407)264-6284 www.millerconstructionservices.net , FL Reg. CBCT 251569 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. Fee/ free to send an email or call the office. If you have any questions or would like more information, please fee/ 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 WS RM CITY OF Item No. C. `7 S FORD FLORIDA CITY CommissioN MEMORANDUM 21-265 DECEMBER 13, 2021 AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: Eileen Hinson, Planning Director SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Amend the Comprehensive Plan Future Land Use designation from LDR, Low Density Residential (County) to LDR-SF (City) 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 amend the Comprehensive Plan Future Land Use designation from LDR, Low Density Residential (County) to LDR-SF (City) for recently annexed property at 600 Riverview Avenue (includes 610 Riverview Avenue and 2511 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, Zach 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 the land use amendment is approved, it is the applicant's intent to rezone and subdivide the property into three lots that bring the property more into compliance with the proposed zoning classification. Page 1 of 4 No additional staffing is anticipated if the land use amendment is approved. 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. When incorporated into the City, the subject property retained the Seminole County Future Land Use designation of LDR, Low Density Residential. Per Exhibit B of the 2015 Seminole County/City of Sanford Joint Planning Agreement the LDR, Low Density Residential (Seminole County Land Use Designation) is equivalent to the LDR-SF — Low Density Residential — Single Family (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. The applicant has submitted an application to convert the LDR — Low Density Residential to the City's equivalent of LDR—SF- Low Density Residential — Single Family. The applicant has also submitted a request to rezone the property from Agriculture to Single Family to remediate the existing multiple family use existing on the parcel. 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-SSF 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. Page 2 of 4 The City will coordinate with the School Board regarding residential development within this district as required in the Public School Facilities Element to ensure the availability of adequate school facilities. In addition, the following Objective would apply as this is utilizing an area of the City with a Residential Land Use for the intent of rezoning and utilizing for needed single family housing stock. 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 Concurrency Management and the City's Land Development Regulations. LEGAL REVIEW: The City Attorney has not reviewed the staff report and the specific analysis provided by City staff, but 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. 4642 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 to adopt Ordinance No. 4642. SUGGESTED MOTION: "I move to adopt Ordinance No. 4642." Attachments: Project Information Sheet Land Use Map Site Aerial Map CAPP Report Justification Letter Page 3 of 4 Ordinance No. 4642 TADevelopment Review\03-Land Development\202I\600 Riverview\CPA\CC\CC Memo - 600 Riverview- CPA.doex Page 4 of 4