4653 Rezone - 2678 Richmond AvenueOrdinance No. 2021-4663
An ordinance of the City of Sanford, Florida relating to a Planned
Development (PD) by rezoning 9.43 acres in size and creating The
Apiary PD; providing for the rezoning of real property generally
addressed and located at 2678 Richmond Avenue and assigned Tax
Parcel Identification Number 03-20-31 -501 -OCOO-0050 by the Seminole
County Property Appraiser which parcels are located within the City
Limits (map of the subject property attached); providing for findings
and intent, development conditions and the resolution of disputes by
the Planning and Zoning Commission; providing for the taking of
implementing administrative actions; providing for the adoption of a
map and approving of The Apiary PD Master Plan; providing for
conflicts; providing for severability; providing for non -codification
and providing for an effective date.
Whereas, an application has been submitted proposing to rezone property
generally addressed as 2678 Richmond Avenue as a Planned Development (PD) zoning
classification/district being named The Apiary PD; and
Whereas, Apiary Holdings, LLC, of Windermere, is the owner of the property
which is the subject of this Ordinance (Tax Parcel Identification Number
03-20-31-501-OCOO-0050) as assigned by the Seminole County Property Appraiser); and
Whereas, Robert Scripps, IV is the sole manager of Apiary Holdings, LLC; and
Whereas, the subject property is 9.53 acres in size and is generally addressed
as 2678 Richmond Avenue and is located in unincorporated Seminole on the west side of
Richmond Avenue, 2,000' north of Moores Station Road; and
Whereas, the subject property is located within sub -area 4 of the 2015
Seminole County/City of Sanford Joint Planning Agreement (JPA) which JPA provides
that lands which are annexed near or adjacent to the Orlando Sanford International
Airport shall be assigned land use designations compatible with the Airport Master Plan
and in a manner consistent with the JPA; and
Whereas, the Property Owner has filed a petition to annex the 9.53 acres into
the City Limits of the City in order to develop the subject property upon annexation which
will occur in accordance with the annexation process and requirements of controlling
Florida law which included the obligation of the City to assign a City land use designation
and zoning district/classification to the subject property; and
Whereas, Chad Moorhead, P.E., Madden, Moorhead & Stokes, Inc., of
Maitland, has made application on behalf of the Property Owner for the City to take the
action herein taken and a CAPP (Citizens Awareness and Participation Plan) meeting
was held on October 25, 2021 to the satisfaction of the City; and
Whereas, the subject property is assigned the County PD, Planned
Development, zoning district/classification and has not been assigned a zoning
district/classification under the City of Sanford Land Development Regulations (LDRs);
and
Whereas, the City's Planning and Development Services Department has
conducted a thorough review and analysis of the demands upon public facilities and
recommended that the subject rezoning application be approved having determined that
the proposal is technically sufficient and consistent with the goals, objectives and policies
of the Comprehensive Plan of the City of Sanford, the City's LDRs, and the controlling
provisions of State law; and
Whereas, the City planning and development staff recommended approval of
this Ordinance subject to normative development detailed development requirements
and conditions some of which, if not later resolved, shall be subject to resolution by the
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Planning and Zoning Commission; and
Whereas, the City of Sanford's Planning and Zoning Commission, as the City's
local planning agency, held a public hearing on December 2, 2021 to consider amending
the zoning of the subject property and recommended approval of the action taken herein
as requested by the Property Owner which is to develop the subject property as The
Apiary PD consisting of a proposed industrial and business park containing 2 buildings of
31,800 square feet and 7,000 square feet (future building) in size, respectively although
be hives may be located on suitable areas of the subject property; and
Whereas, the subject property will be initially served with City water, but will use
septic disposal as its sanitary sewer system as the current velocity and flow is inadequate
at this time for the size of line that would be reasonably installed in the area of the subject
property; and
Whereas, the City Commission has determined that the proposed rezoning of
the subject property as set forth in this Ordinance is consistent with the Comprehensive
Plan of the City of Sanford, the City's LDRs, and the controlling provisions of State law;
M.
Whereas, the City Commission of the City of Sanford, Florida has taken all
actions relating to The Apiary PD rezoning action set forth herein in accordance with the
requirements and procedures mandated by State 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
31i-
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 approval set forth in this Ordinance is subject to the specific conditions
that are set forth subsequently in this Ordinance and the Property Owner has agreed that
no requirement herein lacks an essential nexus to a legitimate public purpose and is not
roughly proportionate to the impacts of the proposed use that the City seeks to avoid,
minimize, or mitigate.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(d). This Ordinance is consistent with the goals, objectives and policies of the
Comprehensive Plan of the City of Sanford.
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Section 2. Rezoning of real property/implementing actions; The Apiary
(a), Upon enactment of this Ordinance the subject property, as depicted in the
map attached to this Ordinance shall be rezoned to The Apiary PD.
(b). The City Manager, or designee, is hereby authorized to execute any
documents necessary to formalize approval of the rezoning action taken herein with
regard to The Apiary PD 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
and as set forth herein.
(c). The conditions to be incorporated into the pertinent development order
relating to the action taken in this Ordinance include the following:
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(1). Pursuant to Section 4.3.G of the City's LDRs, this rezoning
shall expire 3 years from the effective date of this Ordinance if all
improvements have not been completed or an extension granted.
(2). All development shall be consistent with The Apiary PID
Master Plan, revision dated May 30, 2021, unless otherwise specifically set
forth in any associated development order; provided, however, that all
subsequent development orders shall be consistent with the provisions of
this Ordinance.
(3). Unless specifically requested and approved on The Apiary
PID Master Plan, dated May 30, 2021, any required elements missing from
or not shown on the PID Master Plan shall comply with the City's LDRs.
(4). The final design and location of all driveways and access
points including, but not limited to, cross access locations, shall be
proposed within and shall be subject to City approval during, the
development plan review and approval process.
(5). A decorative and functional fountain shall be installed in all
wet retention ponds as part of development approval which approval shall
provide for ongoing maintenance requirements and responsibilities upon
the appropriate party, but not the City.
(6). The Property Owner shall install a sidewalk on west sides of
Richmond Avenue which shall be a minimum of 5' in width.
(7). Parking requirements (which includes the future building of
7,000 square feet) shall be a minimum of 1.1 space per 1,000 square feet of
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gross floor area (GFA) unless the initial use of the subject property changes
from the office/warehouse use or employees employed on the subject
property exceed 30 in number in either of which case the parking
requirements shall revert to the normative requirements of the City's LDRs
and be recalculated.
(8). If City staff and the Property Owner are unable to agree to the
details of this Development Order in any way, the matter will be submitted
to the Planning and Zoning Commission for resolution at a public hearing,
and the matter will be adjudicated by means of a development order or
denial development order relating thereto.
(9). In agreeing to the above conditions in the subsequent PD
development agreement, the Property Owner will agree that, in
accordance with the provisions of Section 70.45, Florida Statutes,
pertaining to governmental exactions, the City has not imposed any
prohibited exaction. The term "prohibited exaction" is defined by that statute
to mean ". . . any condition imposed by a governmental entity on a property
owner's proposed use of real property that lacks an essential nexus to a
legitimate public purpose and is not roughly proportionate to the impacts of
the proposed use that the governmental entity seeks to avoid, minimize, or
mitigate."
Section 3. Incorporation of map and The Apiary PD Master Plan for The
Apiary PD.
The map attached to this Ordinance is hereby ratified and affirmed and
incorporated into this Ordinance as a substantive part of this Ordinance establishing The
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Section 4. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
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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; Implementation.
(a). This Ordinance shall not be codified in the City Code of the City of Sanford
or the City's LDRs; 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.
(b). The City Manager, or designee, shall implement the provisions of this
Ordinance by means of a non -statutory development agreement which shall be executed
by the Property Owner , or their successor(s) in interest within 60 days of the effective
date of this Ordinance or the subject property's zoning classification shall revert to an
un -zoned property status.
(c). The non -statutory development agreement referenced in Subsection (b).of
this Section shall be and constitute a development order and shall not create contractual
7 111
rights of the Property Owner against the City nor contractual obligations of the City to the
Property Owner and, to that end, the Property Owner shall have no contractual rights or
remedies against the City with regard to any land use action of the City.
(d). The City has not waived any rights or remedies by taken the action set forth
herein or in the implementing development agreement and 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.
Section 7. Effective Date.
This Ordinance shall take effect upon enactment and Ordinance No. 2021-4652
taking effect with regard to amending the City's Comprehensive Plan to incorporate the
subject property.
Passed and adopted this 10th day of January, 2022.
Attest:
Traci Houchin, MMC, FC
City Clerk
Approved as to form and
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City Commission of he City of
Sanford, P14rida ,-N
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PROJECT INFORMATION — 2678 RICHMOND AVENUE
PLANNED DEVELOPMENT REZONE
Requested Action: Amend the zoning of an approximately 9.53 acre parcel located at 2678 Richmond
Avenue from the Champion Steel PD, Planned Development (County) to The
Apiary PD, Planned Development (City of Sanford)
Proposed Use: Industrial Manufacturing
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Project Address: 2678 Richmond Avenue
Current Zoning: PD, Planned Development (County)
Proposed Zoning: PD, Planned Development (City of Sanford)
Current Land Use: Vacant Agricultural Grazing Land
Tax Parcel Number: 03-20-31-501 -OCOO-0050
Site Area: 9.53 Acres
Property Owners: Apiary Holdings LLC
Bellaria Circle
Windermere, FL 34786
Applicant/Agent: Chad Moorhead, P.E. – Madden, Moorhead. & Stokes, LLC
431 E Horatio Avenue
Maitland, Fl, 32751
Phone: 407.629.8330
CAPP Meeting: A modified CAPP meeting was held on Monday, October 25, 2021
Commission District: District I – Commissioner Sheena Britton.
COMPREHENSIVE PLAN COMPLIANCE REVIEW
Planning staff has reviewed the request and has determined the use and proposed improvements to be consistent with
the Goals, Objectives and Policies of the Comprehensive Plan.
Future Land Use: HIP -AP, High Intensity Planned Development Airport (9.53) acres
Proposed future Land Use: AIC, Airport Industry and Commerce
Surrounding Uses and Zoning:
Zoning Use
North PD, Planned Development Agricultural Grazing Land
South A-], Agriculture Single Family Residence
East PD, Planned Development Warehouse Distribution and Storage
West A-], Agriculture Single Family Residence
CONCURRENCY
Concurrency is a finding that public facilities and services necessary to support a proposed development are
available, or will be made available, concurrent with the impacts of the development. An assessment will be made
at the development review stage.
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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
President
1, Apiary Ho Ings LLC hereby attest to ownership of the property described below;
Tax Parcel Number(s): 03-20-31-501 -OCOO-0050
Address of Property: 2678 Richmond Ave Sanford, 32773
for which this Rezoning. Comp Plan Aaiendment, application is submitted to the City of Sanford.
Site Plan/Site Development Permit
If. 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 211 matters pertaining to the application process. In authorizing the agent named below to represent me, or my
company, I attest that the application Is made in good faith and that all information contained in the application is accurate and
complete to the best of my personal knowledge.
Applicant's Agent (Print): __ Chadwyck H. Moorhead, P. E. Signature:
Agent Address: Madden, Moorhead & Stokes, LLC, 431 E. Horatio Ave., Ste. 260, Maitland, FL 32751
Email Chad@madden-eng.com Phone: 407-629-8330 Fax:
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. (Le.: 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)
• Individual c Corporation a Land Trust o Partnership P(Umited Liability Company
• 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%) of 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: APIARY HOLDINGS 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 TITLEIOFFICEITRUSTEE ADDRESS
OR BENEFICIARY
% OF
INTEREST
(Use additional sheets for more space.)
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.
-2
Date <wn Agent, Applicant Signature
Robert Scripps, President
STATE OF FLORIDA) Apiary Holdings LLC
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day -bp re me, an officer duly authorized to administer oaths and take acknowledgments,
personally appeafed\:''_�'.,\r
is personally known tome or (}who produced
that s/he executed the subscribed before me, by
as i enti icatiop and acknowledged same. Swom and subsc"Z
by means of'{ , physical presence or{) online notarization on the 2026)tfte said person did take an
oath and was first duly sworn by me, on oath, said person, further, deposing andsayingthat 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 te last aforesaid this day of 2020,\
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(Affix Notarial ea'l).___.`; Kathryn Bowen
AMSA of OWWSh�) - F&bnmy 2WO Printed Name: BLIC
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Expires 10/25/2022
MADDEN
CIVIL ENGINEERS
October 15, 2021
Dear Neighbor:
This letter is to inform you of a community meeting to discuss the future development of 9.53+/ -Acres
located at2O78Richmond Ave,Sanford, FL32773,identified asParcel O3-30-3l'5Ul'O[OO-OO50per
Seminole County Public Records. The meeting will beheld etthe Seminole County North Branch
Library, 150 N. Palmetto Ave, Sanford, FL 32771 on Monday, October 25, 2021 at 6:00 p.m.
The subject property is currently zoned PD (Planned Development) with a future land use designation
oFH|PAP, Our development application will be revising the Planned Development, and proposing a
manufacturing building, with storage building and a detention pond.
If you have any questions and/or require additional information, please don't hesitate to contact me
Mr. Chad Moorhead, PE
President
Madden, Moorhead 8iStokes,LLC
43lE.Horatio Avenue, Suite 25O
Maitland, FL32751
407-629-8330
chad@nnadden-eng.corn
Thank you for your attention to this matter.
Chad Moorhead, P.E.
President
x^oampmzncor\mm"m"nvMeeting Info Letter-/0-o-2nz.um
431E.Horatio Avenue ESuite 26O0Maitland, FL3Z7519 EFAX 4O7-629'8336
I
JOB NO. 21012
SEC. 03, TWP. 20S, RANGE 31E THE APIARY
si MADDEN
DRAWN BY: NP
APPROVED BY: BSB LOCATION MAP
CIVIL ENGINEERS DATE: 05/13/2021
431 E. HORATIO AVE., STE. 260, MAITLAND, FL 32751 - (407) 629-8330 Scale: 1" = 1000' BING MAPS
Community Meeting Sign In Sheet
PROJECT NAME: � p i
DATE OE MEETING. 21,
M
MADDEN
;� nnaoRHl�Ao & sTaK�s, �.�.c
CIVIL ENGINEERS
November 2, 2021
Seminole County
Attn: Jeff Hopper
1101 East 1St Street, 2nd Floor, West Wing
Sanford, FL 32771
RE: Champion Steel (aka The Apiary)
Community Meeting Summary
Project#: 21-20500021
Dear Jeff:
We sent out the attached notice on October 15, 2021, and held the CAPP meeting on October 25,
2021 at the County library in downtown Sanford. We had two attendees, Treena Kaye and Art
Litka, 2700 Richmond Ave,. Treena was concerned about the buffer between the proposed
development and her home to the south. We assured her that the landscape plans would be
emailed to her so she could assess the changes being made along the Ditch that runs along our
Southern border. We explained that the landscaping around the southern border would be enough
to buffer any disturbances from the development, and that the proposed development will have
minimal sound and light pollution due to the nature of the proposed use on site. The property
owners liked the idea of a landscaped buffer area better than the previously approved PD.
If you have any questions or need further information, please do not hesitate to call our office at
407-629-8330.
Sincerely,
&ad %talltead
Chadwyck H. Moorhead, P.E.
President
CHM:nwm
HAData\21012\Cor\Community Meeting Summary.doc
431 E. Horatio Avenue ■ Suite 260 0 Maitland, FL 32751 a 407-629-8330 0 FAX 407-629-8336
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CITY COMMISSION MEMORANDUM 22-010
JANUARY 10, 2022 AGENDA
WS RM
Item Noq
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, Planning Director
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Application for Rezone: Change the zoning of approximately 9.53 acres
from Seminole County's PD, Planned Development, to City of Sanford PD,
Planned Development for The Apiary at project address 2678 Richmond
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 Rezone request to change approximately 9.53 acres from Seminole County's PD, Planned
Development, to City of Sanford PD, Planned Development for The Apiary at project address 2678
Richmond Avenue has been received.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the two properties together are vacant, one vacant
waterfront lot and vacant commercial with the assessed tax value and total tax bill for 2021 shown
below:
If the Rezoning is approved and subsequently developed, the property will be assessed the City's
millage rate for the proposed use.
No additional staffing is anticipated if the amendment is approved.
Assessed Value
Tax Bill
Parcel Number
(2021)
(2021)
Property Status
03-20-31-501-0000-0050
$2,131
$23.50
Grazing Land,
Vacant Industrial
If the Rezoning is approved and subsequently developed, the property will be assessed the City's
millage rate for the proposed use.
No additional staffing is anticipated if the amendment is approved.
BACKGROUND:
The property is 9.53 acres in size and is located in unincorporated Seminole County on the west
side of Richmond Avenue, 2,000 feet north of Moores Station Road.
The property is owned by Apiary Holdings LLC. The applicant is Chad Moorhead, Engineer for
Apiary Holdings LLC. A CAPP (Citizens Awareness and Participation Plan) meeting was held on
Monday, October 25, 2021 and a copy of the report is attached.
The Affidavit of Ownership and Designation of Agent forms are attached and additional
information is available in order to ensure that all potential conflicts of interest are capable of being
discerned.
The property is currently assigned the PD, Planned Development zoning classification/district
under the Seminole County's Land Development Code (LDCs) with the underlying future land use
designations of HIP -AP, High Intensity Planned Development Airport under the County's
Comprehensive Plan.
The applicant has submitted a petition for annexation to bring the property into the City of Sanford
in order to receive City services. Upon annexation, the site will maintain its current land uses as
assigned by Seminole County, until an amendment is processed to incorporate the property into
the City's Comprehensive Plan. In addition to the annexation and in conjunction with this rezone,
the applicant has submitted a request to amend the Comprehensive Plan from Seminole County's
land use classifications of HIP -AP, High Intensity Planned Development Airport Future Land use
to the City of Sanford's AIC, AIC, Airport Industry and Commerce.
A Citizens Awareness and Participation Plan (CAPP) was held on Monday, October 25, 2021,
from 6:00 to 7:00 PM. The homeowners residing to the immediate south at 2700 Richmond
Avenue were the only attendees. The applicant has agreed to share proposed landscape buffer plans
with the property owners before submitting to the City for review.
The property is located within Sub Area 4 of the 2015 City of Sanford/Seminole County Joint
Planning Agreement. Sub Area 4 dictates that all parcels along Richmond Avenue and Moores
Station Road will be assigned the Future Land Use designation of AIC, Airport Industry and
Commerce as they are annexed into the City.
The AIC land use requires the zoning to be Planned Development, the applicant has submitted a
request to rezone the property from Seminole County's PD, Planned Development to a City of
Sanford PD, Planned Development to establish a proposed Industrial, and Corporate Business
Park.
Policy 1.9.2 of the Future Land Use Element of the City's Comprehensive Plan: The City shall
apply performance criteria objectives and policies of the Comprehensive Plan to developments
and all new development shall comply with the following criteria, all of which shall be
implemented through mandatory site plan review of new development:
a. The Airport Industry and Commerce designation is intended to encourage the expansion of
industrial land and provide additional areas for mixed-use development that would be compatible
with airport operations
2 11' ..
b. The majority of such land is located in airport property and is subject to the Airport Master Plan.
Certain properties, primarily east of Beardall Avenue, are located in the 2009 noise zone.
c. The Orlando -Sanford Airport shall develop according to the current Airport Layout Plan (ALP),
adopted by reference herein.
d. Upon annexation of lands that are currently within the jurisdiction of Seminole County and are
included in the ALP, the lands will be automatically given the land use designation of Airport
Industry Commerce and a zoning designation consistent with the existing zoning of the Airport.
e. The land use mix in the AIC is intended to provide a full range of urban services and facilities
including:
Industrial and Business Parks;
• Office Complexes;
• Commercial and retail developments;
• Service and hotel uses; and
• Medium to high density multifamily residential developments, where located in
accordance with those requirements contained within this policy.
f. The maximum intensity of industrial and commercial development measured as floor area is 1.0.
The maximum intensity for residential uses is 50 units per acre, with a minimum density of 10
units per acre, where compatible with adjacent uses. Distribution of specific densities and
intensities for this district shall be in accordance with Table FLU -2 of this Element.
g. The Development Review Team, the Airport Zoning Board and the Airport Design Review
Team shall review development included in the ALP for compliance with the Sanford LDRs.
Development contemplated by the ALP shall comply with all LDRs included, but not limited to,
setbacks, landscaping, parking, drainage and floor area ratios except where such regulations
conflict with Federal Aviation Authority (FAA) rules and regulations.
m. Development within the AIC designated area must be developed as a Planned Development.
As a PD, all new development shall be required to address infrastructure needs, provision of
services, development phasing, development intensity and land use compatibility as part of an
integrated design scheme which includes very detailed strategies and techniques for resolving
development impacts.
Developments within the AIC that exist prior to the adoption of this Plan will be "grandfathered".
However, all new development in the Airport Industry and Commerce Area outside the Airport
boundaries shall incorporate those performance criteria established under Policy FLU 1.1.7, as
well as those criteria listed below:
• Narrative and graphic information required for review of rezoning petitions, for site
plan review, and other related procedural requirements;
• Impact analysis, including plans for managing any potential impacts on air operations;
• Noise impact analysis, including required sound insulation in areas within the airport
impact noise zones;
• Requirements for controlled access and internal circulation, including provisions for
cross access easements, and joint use of driveways;
• Requirements for perimeter buffer yards;
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• Management framework for encouraging development of strategically planned
subcenters of commerce and industry;
• Dedication of necessary rights-of-way; and
• Use of pedestrian and mass transit facilities to reduce vehicle trips.As outlined in the
City's Comprehensive Plan, the "Airport Industry and Commerce" (AIC) land use
designation is a high-intensity mixed use policy for managing lands comprised of the
Orlando Sanford International Airport and adjacent lands capable of supporting a
variety commercial and industrial uses.
• The purpose of the AIC is to provide a full range of urban services and facilities including:
o Industrial and Business Parks;
o Office Complexes;
The rezoning of the property to PD to establish the proposed industrial uses as specified on The
Apiary PD Master Plan encourages the expansion of industrial land and provides additional areas
for mixed-use development that would be compatible with airport operations. This is in accordance
with the requirements of the AIC future land use designation and is consistent with the City's
Comprehensive Plan in that regard. The consistency review of the request with the goals, objective
and policies of the City's Comprehensive Plan predominantly assesses whether the request is
consistent with the intended designation, discourages urban sprawl, creates neutral or minimal
concurrency impacts and has minimal impacts to natural systems.
As proposed the project will dedicate necessary right-of-way, and construct a five-foot sidewalk
along the front of the project. Internally the proposed development will provide efficient internal
circulation looping the drive isles around the main building in the center and loading zones along
the back half of the primary building. The plan includes 25 foot buffers on the south and east
boundaries, 15 feet on the west, and 10 feet on the north.
Additionally, the applicant is seeking a reduction to the minimum parking standards required by
Schedule H, Section 7.0, Off -Street Parking Requirements. The code requires two spaces per 1,000
square feet of Gross Floor Area (GFA) used for manufacturing, totaling 60 spaces, plus an
additional five spaces per 1,000 square feet of GFA of office, totaling 35 additional parking spaces.
The total required parking is 95 spaces. The applicant has proposed 1.1 spaces per 1,000 square
feet of GFA, totaling 44 parking spaces. This amounts to a 54 percent reduction in the required
parking. Staff does not support this magnitude of a reduction in the required parking; however,
staff has proposed an alternative parking requirement detailed in the staff recommendation
(number 7).
LEGAL REVIEW:
The City Attorney may or may not have reviewed the staff report and the specific analysis provided
by City staff, but has noted the following that should be adhered to in all quasi-judicial decisions:
Section 166.033, Florida Statutes, as amended in the recent Legislative 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):
"166.033 Development permits and orders.—
(1) Within 30 days after receiving an application for approval of a development permit or
development order, a municipality must review the application for completeness and issue a letter
indicating that all required information is submitted or specifying with particularity any areas that
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are deficient. If the application is deficient, the applicant has 30 days to address the deficiencies
by submitting the required additional information. Within 120 days after the municipality has
deemed the application complete, or 180 days for applications that require final action through a
quasi-judicial hearing or a public hearing, the municipality must approve, approve with
conditions, or deny the application for a development permit or development order. Both
parties may agree to a reasonable request for an extension of time, particularly in the event of a
force majeure or other extraordinary circumstance. An approval, approval with conditions, or
denial of the application for a development permit or development order must include written
findings supporting the municipality's decision. The timeframes contained in this subsection do
not apply in an area of critical state concern, as designated in s. 380.0552 or chapter 28-36, Florida
Administrative Code.
(2)(a) When reviewing an application for a development permit or development order 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.
(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 infon-nation 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) When a municipality denies an application for a development permit or development
order, 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 or order.
(4) As used in this section, the terms "development permit" and "development order" have the
same meaning as in s. 163.3164, but do not include building pen -nits.
(5) 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
or development order 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.
(6) Issuance of a development permit or development order by a municipality does not 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.
(7) 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 [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).
(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 under -takes 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 pen -nit' 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).
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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 [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).
When voting on matters such as whether to recommend approval of an amendment to the City's
Comprehensive Plan or the enactment of, or amendment to, a land development regulation, those
matters are legislative in nature and not quasi-judicial matters.
The City Commission has also expressed its desire for all who vote against the majority decision
to express the rationale for their vote with regard to all matters.
The City Commission approved the first reading of Ordinance No. 4653 on December 13, 2021.
The City Clerk published notice of the 2°d Public Hearing in the Sanford Herald on December 29,
2021.
On December 2, 2021, the Planning and Zoning Commission considered the request to rezone
approximately 9.53 ) acres from Seminole County's PD, Planned Development to City of Sanford
PD, Planned Development for The Apiary, a proposed Industrial and Business Park containing
two buildings; one 31,800 square feet, and a future building of 7,000 square feet at project address
2678 Richmond Avenue based on consistency with the goals, objectives and policies of the City's
Comprehensive Plan. The conditions presented by staff included the following:
1. Pursuant to Section 4.3.G of the City's LDRs, this rezoning shall expire 3 years
from the effective date of this Ordinance if all improvements have not been
completed or an extension granted.
2. All development shall be consistent with The Apiary PD Master Plan, revision
dated May 30, 2021, unless otherwise specifically set forth in any associated
development order; provided, however, that all subsequent development orders
shall be consistent with the provisions of this Ordinance.
3. Unless specifically requested and approved on the referenced PD Master Plan, any
required elements missing from or not shown on the PD Master Plan shall comply
with the City's LDRs.
4. The final design and location of all driveways and access points including, but not
limited to, cross access locations, shall be proposed within and shall be subject to
City approval during, the development plan review and approval process.
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5. A decorative and functional fountain shall be installed in all wet retention ponds as
part of development approval which approval shall provide for ongoing
maintenance requirements and responsibilities upon the appropriate party, but not
the City.
6. The Owner shall install a minimum of 5 -foot wide sidewalk on west sides of Richmond
Avenue.
7. Parking shall be a minimum of 2.0 spaces per 1,000 square feet of GFA, for a total of 64
spaces, in lieu of the requested one 1.1 space per 1,000 square feet of GFA or the required
two spaces per 1,000 square feet for manufacturing plus five spaces per 1,000 square feet
of GFA of office.
8. If City staff and the property owner are unable to agree to the details of this Development
Order in any way, the matter will be submitted to the Planning and Zoning Commission
for resolution at a public hearing, and the matter will be adjudicated by means of a
development order or denial development order relating thereto.
During the hearing, the applicant made a presentation regarding the parking needed by the property
owner for the use proposed. After discussion condition number 7 was modified as follows:
(7). Parking requirements (which includes the future building of 7,000 square feet) shall be a
minimum of 1.1 space per 1,000 square feet of gross floor area (GFA) unless the initial use of the
subject property changes from the office/warehouse use or employees employed on the subject
property exceed 30 in number in either of which case the parking requirements shall revert to the
normative requirements of the City's LDRs and be recalculated.
The Planning and Zoning Commission recommended the City Commission approve the request to
rezone subject to the conditions recommended above.
In agreeing to the above conditions, the property owner will agree that, in accordance with the
provisions of Section 70.45, Florida Statutes, pertaining to governmental exactions, the City has
not imposed any prohibited exaction. The term "prohibited exaction" is defined by that statue to
mean "... any condition imposed by a governmental entity on a property owner's proposed use
of real property that lacks an essential nexus to a legitimate public purpose and is not roughly
proportionate to the impacts of the proposed use that the governmental entity seeks to avoid,
minimize, or mitigate."
It is staff's recommendation the City Commission adopt Ordinance No. 4653.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4653."
Attachments: (I)
Project Information Sheet.
(2)
Site Zoning Map.
(3)
Site Aerial Map.
(4)
Affidavit of Ownership.
(5)
Citizen Awareness and Participation Plan Report.
(6)
Survey.
(7)
Master Plan.
(8)
Ordinance No. 4653
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