4672 Comp Plan Amendment FLU for 2.39 Acres - 3831 West 1st StreetOrdinance No. 2022-4672
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 2.39 acres in size located at
3831 West 1st Street within the City Limits (maps
relating to the property are attached) (Tax Parcel
Identification Number 28-19-30-506-0000-0130) said
property being more specifically described in this
Ordinance; providing for legislative findings and intent;
providing for assignment of the land use designation for
the property; providing for the adoption of maps by
reference; providing for severability; providing for
ratification of prior acts of the City; providing for
conflicts; providing for codification and directions to the
Code codifier and providing for the implementation of
the statutory expedited State review process and an
effective date.
Whereas, Pride Capital Fund LLC of Longwood is the owner of certain real
property which land totals approximately 2.39 acres in size with the managers being
Aladdin Shivji and Yvonne Shivji as associated with the entity; and
Whereas the applicant/representative of the property owner Michael
Wojtuniak, P.E., Engineering Permitting Inc., of Deland; and
Whereas, the Property Owner submitted an annexation petition to the City
and the annexation by the City Commission incorporating the subject PID property into
the City Limits of the City is now pending; and
Whereas, Mr. Wojtuniak implemented the Citizen Awareness and
Participation Plan (CAPP) process to the satisfaction of the City relative to which the
required CAPP report was submitted to the City and a modified CAPP meeting was
held on August 27, 2021; and
Whereas, Mr. Wojtuniak requested that the Future Land Use Map of the
Future Land Use Element of the City of Sanford Comprehensive Plan, as previously
amended, relative to subject property be changed from the assignment of the from HIP -
TI, High Intensity Planned Development Target Industry (Seminole County future land
use designation) to the WIC, Westside Industry and Commerce, future land use
designation under the City's Comprehensive Plan; and
Whereas, the subject property is located at 3831 West 1st Street and is
assigned Tax Parcel Identification Number 28-19-30-506-0000-0130 by the Property
Appraiser of Seminole County; and
Whereas, the subject property is located on the south side of State Road 46
and the corner of Central Park Drive; and
Whereas, the proposed development is impacted by the provisions the 2015
City of Sanford/Seminole County Joint Planning Agreement (JPA); and
Whereas, under the JPA the HIP -TI, High Intensity Planned Development —
Target Industry (Seminole County future land use designation) is equivalent to the WIC,
Westside Industry and Commerce (City future land use designation) and Exhibit "B" of
the JPA describes equivalent future land use designations in the City and the County
comprehensive plans and the proposed change in future land use designation
thereunder has been deemed equivalent due to their similar intensities and densities of
allowable development; and
Whereas, the City of Sanford's Planning and Zoning Commission (P&ZC), as
the City's local planning agency, held a public hearing January 6, 2021, in order to
consider amending the Future Land Use Map of the Future Land Use Element of the
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City of Sanford Comprehensive Plan and unanimously recommended approval of the
proposed Future Land Use Map amendment to the Comprehensive Plan for the subject
property as requested by the property owner; and
Whereas, Section 163.3184(3), Florida Statutes, relates to the amendment of
adopted local government comprehensive plans and sets forth certain requirements
relating to an expedited process of State review of proposed amendments to local
government comprehensive plans and relates to processes and actions relating thereto;
and
Whereas, Exhibit "B" of the JPA steers the assignment of land use
designations, upon annexation of properties, the from HIP -TI, High Intensity Planned
Development Target Industry (Seminole County Land Use Designation), to the WIC,
Westside Industry and Commerce (City of Sanford Land Use Designation), finding that
the 2 land use designations are equivalent on the basis of their similar intensities and
densities of allowable development; and
Whereas, Exhibit "B" of the JPA places this property within sub -area 8 and
Exhibit "C" identifies the following excerpts apply to this land use conversion:
The City has amended its Comprehensive Plan to require PD zoning in
this area. All lands in this area annexed by the City subsequent to the JPA
have received land use designations of Westside Industry Commerce,
one of the City's equivalent designations to HIP -TI. City and County
Comprehensive Plan policies for this area are very similar. The City's
densities and floor areas are slightly less intense than the County's.
The County and the City established gateway corridor standards for SIR
46 to ensure compatible and aesthetically pleasing development in the
area. This area is developing rapidly, consistent with both the City and the
County's Comprehensive Plan policies and corridor standards. The
County and City, working together, have been successful in minimizing
urban sprawl, providing affordable housing opportunities and targeting
industrial and commercial growth in this area. Both the County and the
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; and
City will continue to ensure that the area is developed consistent with their
mutually agreed upon standards and policies. This area should be
reserved for target industry and SunRail supporting development as there
is limited vacant acreage available on which target industry will site.
Single-family and low or medium density residential developments are not
compatible within this area. (Note: Modifications to the WIC, Westside
Industry and Commerce, future land use designation, in a Comprehensive
Plan update removed the requirement to rezone to PD, Planned
Development.)
Whereas, the City's Planning and Development Services Department has
conducted a thorough review and analysis of the demands upon public facilities and
general planning and land development issues should the subject application be
approved and has otherwise reviewed and evaluated the application to determine
whether it comports with sound and generally accepted land use planning practices and
principles as well as whether the application is consistent with the goals, objectives and
policies set forth in the City's Comprehensive Plan and determined that the proposed
amendment of the City's Comprehensive Plan relative to the subject property as set
forth in this Ordinance is internally consistent with the Comprehensive Plan of the City
of Sanford and is consistent with the controlling provisions of State law; and
Whereas, the City of Sanford's Planning and Zoning Commission (P&ZC), as
the City's local planning agency, held a public hearing January 6, 2022, in order to
consider amending the Future Land Use Map of the Future Land Use Element of the
City of Sanford Comprehensive Plan and unanimously recommended approval of the
proposed Future Land Use Map amendment to the Comprehensive Plan for the subject
property as requested by the property owner; and
Whereas, the City Commission concluded that the overall goals, objectives
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and policies of the City's Comprehensive Plan and the controlling State law support the
approval of the application; and
Whereas, the City of Sanford has complied with all requirements and
procedures of Florida law in processing this amendment to the City of Sanford
Comprehensive Plan including, but not limited to, Section 163.3184, Florida Statutes,
as well as other controlling law; and
Whereas, additionally, this Ordinance is enacted pursuant to the home rule
powers of the City of Sanford as set forth at Article VIII, Section 2, of the Constitution of
the State of Florida; Chapter 166, Florida Statutes, and other applicable controlling law.
Now, therefore, be in enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings and intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the City Commission agenda memorandum relating to
the application relating to the proposed amendment to the City of Sanford
Comprehensive Plan pertaining to the subject property.
(b). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(c). This Ordinance is internally consistent with the goals, objectives and
policies of the Comprehensive Plan of the City of Sanford.
(d). The exhibits to this Ordinance are incorporated herein as if fully set forth
herein verbatim.
Section 2. Amendment to Future Land Use Map/Future Land Use
Designation.
(a). The Future Land Use Plan Element of the Comprehensive Plan of the City
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of Sanford and the City's Future Land Use Map are hereby amended by from the HIP -
TI, High Intensity Planned Development Target Industry (Seminole County future land
use designation) to the WIC, Westside Industry and Commerce, future land use
designation under the City's Comprehensive Plan, with regard to the real property which
is the subject of this Ordinance as set forth herein.
(b). The property which is the subject of this Comprehensive Plan amendment
is more specifically defined, described and depicted in the exhibits to this Ordinance.
Section 3. Implementing Administrative Actions.
The City Manager, or designee, is hereby authorized to implement the provisions
of this Ordinance as deemed appropriate and warranted.
Section 4. Incorporation Of Maps.
The maps attached to this Ordinance are hereby ratified and affirmed and
incorporated into this Ordinance as a substantive part of this Ordinance.
Section 5. Ratification Of Prior Actions.
The prior actions of the City Commission and its agencies in enacting and
causing amendments to the Comprehensive Plan of the City of Sanford, as well as the
implementation thereof, are hereby ratified and affirmed.
Section 6. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance proves to be
invalid, unlawful or unconstitutional, it shall not be held to impair the validitrdinorce or
effect of any other action or part of this Ordinance.
Section 7. Conflicts.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
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Section 8. Cod ification/Instructions to Code Codifier.
It is the intention of the City Commission of the City of Sanford, Florida, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part
of the codified version of the City of Sanford Comprehensive Plan and/or the Code of
Ordinances of the City of Sanford, Florida in terms of amending the Future Land Use
Map of the City.
Section 9. Effective Date.
The Comprehensive Plan amendment set forth herein shall not become
effective, in accordance with Section 163.3184(3), Florida Statutes, until 31 days after
the State land planning agency (Florida Department of Economic Opportunity) notifies
the City that the Plan amendment package is complete. If timely challenged, the Plan
amendment shall not become effective until the said State land planning agency or the
Administration Commission enters a final order determining the adopted amendment to
be in compliance; provided, further, that this Ordinance shall take effect upon the
annexation ordinance relating to the subject property being enacted by the City
Commission.
Passed and adopted this 14th day of February, 2022.
Attest:
Traci Houchin, MMC, FC
City Clerk
Approved as to form and I
William L. Colbert, Esquire
City Attorney
City Commission of the City of
Sanford, Ffo,1W.1 I /I
fee
CITY OF
WS RM X
SANFORD
FLORIDA COD J Item No. 7
CITY COMMISSION MEMORANDUM 22-055
FEBRUARY 14, 2022 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICD — Planning Director
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Amend the Future Land Use designation of a 2.39 acres at 3 831 West 1st
Street from HIP -TI, High Intensity Planned Development Target Industry
(County) to WIC, Westside Industry and Commerce (City of Sanford)
STRATEGIC PRIORITIES:
F-1 Unify Downtown & the Waterfront
F-1 Promote the City's Distinct Culture
F] Update Regulatory Framework
F-] Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A request to amend the Comprehensive Plan Future Land Use designation for 2.39 acres at 3831
West 1st Street from HIP -TI, High Intensity Planned Development Target Industry (County) to
WIC, Westside Industry and Commerce (City of Sanford).
At the time of advertising for the Planning and Zoning Commission held on January 6, 2022, the
property was owned by the Bullard Family Revocable Trust whose sole manager was Ruth Marie
Parker. Since then, the property has been sold. The current property owner is Pride Capital Fund
LLC, whose managers are Aladdin and Yvonne Shivji. Michael Wcjtuniak, P.E., Engineering
Permitting Inc., has made application for the both owners. A Citizens Awareness and Participation
Plan (CAPP) meeting was held on August 27, 2021 and a copy of the report is attached, which is
satisfactory to the City.
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.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the parcel is undeveloped, and assessed as vacant
commercial land. Based on 2021 property tax roll, the subject property has an assessed value of
$320,617. The total tax bill for the subject property in 2021 is $4,674.17. If annexed, the property
would be assessed the City's millage rate and generate additional ad valorem taxes. Upon
annexation, it is the applicant's intent to establish a car wash, from which additional valuation will
result and ad valorem taxes and other potential revenues will be generated.
No additional staffing is anticipated if the land use amendment is approved.
BACKGROUND:
The 2.39 acre site is located in unincorporated Seminole County on the south side of State Road
46 and the comer of Central Park Drive. To facilitate the future development of the property, and
per the requirements of City Resolution No. 2008-2105, the property owners have submitted a
concurrent petition to annex the property into the City. When annexed, the subject property will
retain its Seminole County future land use designation of HIP -TI, High Intensity Planned
Development Target Industry until incorporated into the City's Comprehensive Plan.
Per Exhibit B of the 2015 City of Sanford/Seminole County Joint Planning Agreement (JPA), the
HIP -TI, High Intensity Planned Development Target Industry (Seminole County Land Use
Designation) is equivalent to the WIC, Westside Industry and Commerce (City of Sanford Land
Use Designation) in this specific segment of SR 46. 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 a request to amend the future land use map designation for the 2.39 acres from HIP -
TI (County) to WIC (City) for the purpose of a future commercial development.
Per Exhibit D, JPA the subject property is within sub -area 8 of the JPA and Exhibit C the following
excerpts apply to this land use conversion.
All lands in this area annexed by the City) subsequent to the JPA have received land use
designations of Westside Industry Commerce, one of the City's equivalent designations to HIP -
TI. City and County Comprehensive Plan policies for this area are very similar. The City's
densities and floor areas are slightly less intense than the County's. The County and the City
established gateway corridor standards for SR 46 to ensure compatible and aesthetically pleasing
development in the area. This area is developing rapidly, consistent with both the City and the
County's Comprehensive Plan policies and corridor standards. The County and City, working
together, have been successful in minimizing urban sprawl, providing affordable housing
opportunities and targeting industrial and commercial growth in this area. Both the County and
the City will continue to ensure that the area is developed consistent with their mutually agreed
upon standards and policies. This area should be reserved for target industry and SunRail
supporting development as there is limited vacant acreage available on which target industry will
site. Single-family and low or medium density residential developments are not compatible within
this area.
The following excerpts further support the Future Land use designation of Westside Industry and
Commerce that is proposed at this location.
OBJECTIVE FLU 1.12: The "Westside Industry and Commerce" (WIC) area is a mixed use
designation intended to promote the development of employment centers in the vicinity of the
West SR 46 corridor and the commuter rail station. The corridor's proximity to 1-4, as well as SR
417 and the SunRail commuter line. provides access to regional markets and a substantial labor
force. The CSX Main Rail Line also provides a transportation amenity of regional significance.
The following planning matters relate to the amendment being proposed:
Policy FLU 1.12.1: Establish performance criteria for development within the WIC. The following
criteria shall be adhered to for all development within the WIC District. The WIC designation shall
be limited to that area of Sanford generally bound by the CSX railroad to the north and SR 417 to
the south. The WIC designation permits both a vertical and horizontal land use mix of commercial,
office, residential, and the maximum intensity for commercial, office, and industrial development
as a floor area ratio is 0.50. The residential density shall be a minimum of 10 dwelling units per
acre and a maximum of 20 dwelling 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.
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. PD proposals in the WIC area may be the subject of negotiated development agreements.
No development order shall be granted prior to approval by the City of the development agreement.
Development within the WIC area existing prior to the adoption of this Plan will be
"grandfathered."
All new development in the Westside Industry and Commerce Area shall comply with the
performance criteria outlined in Policy FLU 1.1.7, as well as the following:
• Requirements and procedures for obtaining a WIC mixed use Future Land Use Map
designation and appropriate zoning;
• Standards for controlled access and internal circulation, including cross access easements and
joint use of driveways;
• Development standards for Gateway Corridor Development Districts, including requirements
for buffer yards, landscaping, and screening, off-street parking, and signage; and
• Planning and management criteria regulating the land use mix, intensity, and qualitative
standards for assuring land use compatibility and consistency with the Comprehensive Plan.
Per the State's Policy Act (Chapter 163 F.S.), any plan amendment shall discourage the
proliferation of urban sprawl. In order to determine that a plan amendment does not constitute
urban sprawl, the amendment must be analyzed as to whether it incorporates a development pattern
or urban form that achieves four or more of the following criteria:
1. Directs growth and development to areas of the community in a manner that does not
adversely impact natural resources;
2. Promotes the efficient and cost effective or extension of public infrastructure and
set -vices;
3. Promotes walkable and connected communities and provides for compact development and
a mix of uses at densities and intensities that support a range of housing choices and a
multimodal transportation system;
4. Promotes conservation of water and energy;
5. Preserves agricultural areas and activities;
6 Preserves open space and natural lands and provides for public open space and recreation
needs;
7. Creates a balance of land uses based on demands of residential population for the
nonresidential needs of an area; and,
8. Provides uses, densities and intensities of use and urban form that would remediate an
existing or planned sprawl development pattern or provides for an innovative development
pattern such as transit oriented development or new towns.
The proposed amendment has been analyzed and found to promote the following criteria: 1, 2, 3,
and 7.
• Criteria 1 — The subject site is not located within a well field protection zone or acquirer
recharge area. There are no known wetlands or environmentally sensitive conditions
associated with this site.
• Criteria 2 — The subject property will utilize an existing private easement to gain access.
• Criteria 3 — Water and sewer servicing the proposed development would be provided by
the City of Sanford Utilities.
• Criteria 7 — The proposed commercial uses would allow for a wide range of commercial
uses that would be compatible with the surrounding commercial and industrial uses.
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 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.
Per Exhibit B of the JPA the HIP -TI, High Intensity Planned Development Target Industry
(Seminole County Land Use Designation) is equivalent to the WIC, Westside Industry and
Commerce (City of Sanford Land Use Designation). Exhibit B describes equivalent future land
use designations in the City and the County comprehensive plan. The designations have been
deemed equivalent due to their similar intensities and densities of allowable development.
Per Exhibit D, the subject property is within sub -area 8 of the JPA and Exhibit C the following
excerpts apply to this land use conversion.
All lands in this area annexed by the City subsequent to the JPA have received land use
designations of Westside Industry Commerce, one of the City's equivalent designations to HIP -
TI. City and County Comprehensive Plan policies for this area are very similar. The City's
densities and floor areas are slightly less intense than the County's. The County and the City
established gateway corridor standards for SR 46 to ensure compatible and aesthetically pleasing
development in the area. This area is developing rapidly, consistent with both the City and the
County's Comprehensive Plan policies and corridor standards. The County and City, working
together, have been successful in minimizing urban sprawl, providing affordable housing
opportunities and targeting industrial and commercial growth in this area. Both the County and
the City will continue to ensure that the area is developed consistent with their mutually agreed
upon standards and policies. This area should be reserved for target industry and SunRail
supporting development as there is limited vacant acreage available on which target industry will
site. Single-family and low or medium density residential developments are not compatible within
this area.
In addition to the noted annexation and land use change, the applicant is seeking to rezone the
property to PD, Planned Development with GC -2, General Commercial uses including vehicular
services, indoor wholesale and storage, and indoor manufacturing, which are all compatible with
development currently surrounding the property as well as the future development patterns
intended for this area.
This item was presented for consideration to the Planning and Zoning Commission on January b,
2022. After hearing staffs presentation as well as testimony of the applicant, the Planning and
Zoning Commission recommended the City Commission approve the requested Future Land Use
Amendment of approximately 2.39 acres from HIP -TI, High Intensity Planned Development
Target Industry (Seminole County) to City of Sanford WIC, Westside Industry and Commerce at
project address 3831 West I".
The Planning and Zoning Commission voted unanimously to forward to the requested Future Land
Use Amendment to City Commission with a recommendation of approval.
LEGAL REVIEW:
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's 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. When lands are subject to the provisions of the City/County JPA;
the City is bound to adhere to the provisions of the JPA. Also, Section 171.062, Florida Statutes,
pertaining to the effects of annexations or contractions, anticipates that cities will expeditiously
incorporate annexed properties into their comprehensive plans and land development regulations
upon being located within the city limits of the annexing municipality.
The City Commission approved the first reading of Ordinance No. 4672 on January 24, 2022.
The City Clerk published notice of the 2 "d Public Hearing in the Sanford Herald on February 2,
2022.
RECOMMENDATION:
City staff finds that the small scale Comprehensive Plan amendment is appropriate and suitable
for the subject site and is compatible with the surrounding land uses and is internally consistent
with the goals, policies and objectives of the Comprehensive Plan as well as the JPA and Chapter
163, Florida Statutes.
At the time of advertising for the January 6, 2022 Planning and Zoning Commission meeting, the
property was owned by the Bullard Family Revocable Trust whose sole manager was Ruth Marie
Parker. The property was sold prior to being forwarded to the City Commission for action. The
current property owner is now Pride Capital Fund LLC, whose managers are Aladdin and Yvonne
Shivji. Michael Wojtuniak, P.E., Engineering Permitting Inc., has made application for both
owners. A Citizens Awareness and Participation Plan (CAPP) meeting was held on August 27,
2021 and a copy of the report is attached. Affidavits of ownership are available for both property
owners.
It is staff's recommendation to adopt Ordinance No. 4672.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4672."
Attachments: (1) Project Information Sheet
(2) Citizen Awareness and Participation Plan Report
(3) Affidavit of Ownership
(4) Future Land Use Map Amendment
(5) Ordinance No. 4672
TADevelopment Review\03-Land Development\202 1 \3831 West Ist Street\CPA\CC