4683 Comp Plan FLU Amendment 0.92 Acres 2623 Sanford AveOrdinance No. 2022-4683
An Ordinance of the City of Sanford, Florida amending
the City of Sanford Comprehensive Plan, as previously
amended; providing for amendment of the Future Land
Use Map of the Future Land Use Element of the City of
Sanford Comprehensive Plan relative to certain real
property, approximately 0.92 acre in size, located at
2623 Sanford Avenue within the City Limits (maps
relating to the property are attached) (Tax Parcel
Identification Numbers 06-20-31-503-0600-0050 and 06-
20-31-503-0600-0080) 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, LGP Investment Company LLC, a limited liability company, is the
owner of certain real property which land totals approximately 0.92 acre in size (Tax
Parcel Identification Numbers 06-20-31-503-0600-0050 and 06-20-31-503-0600-0080);
M
Whereas, the managers of LGP Investment Company LLC are Alfredo
Colimodio, Julio E. Sturup, Sr. and Julio Sturup; and
Whereas, the subject real property is located at the northwest corner of
Grandview Avenue and Wylly Avenue and is addressed as 2623 Sanford Avenue; and
Whereas, Maverick VonHerbulis 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 under the CAPP requirements of the
City and a CAPP meeting was held on January 6, 2022; and
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Whereas, Mr. Von Herbulis of McKee Construction acted as applicant and
owner's representative and 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 COM, Commercial (Seminole County
future land use designation) to the GC, General Commercial, future land use
designation under the City's Comprehensive Plan; and
Whereas, the actions taken herein are consistent with the provisions the 2015
City of Sanford/Seminole County Joint Planning Agreement (JPA); 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;
RITIlk
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
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Whereas, the City of Sanford's Planning and Zoning Commission (P&ZC), as
the City's local planning agency, held a public hearing on March 3, 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
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
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Florida law in processing and advertising this Ordinance.
(c). This Ordinance is internally consistent with the goals, objectives and
policies of the Comprehensive Plan of the City of Sanford.
(d). The exhibits to this Ordinance are incorporated herein as if fully set forth
herein verbatim.
Section 2. Amendment to Future Land Use Map/Future Land Use
Designation.
(a). The Future Land Use Plan Element of the Comprehensive Plan of the City
of Sanford and the City's Future Land Use Map are hereby amended from the COM,
Commercial (Seminole County future land use designation) to the GC, General
Commercial, 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
(Tax Parcel Identification Numbers 06-20-31-503-0600-0050 and 06-20-31-503-0600-
(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 6. Ratification Of Prior Actions.
The prior actions of the City Commission and its agencies in enacting and
4 1 P a g e
causing amendments to the Comprehensive Plan of the City of Sanford, as well as the
implementation thereof, are hereby ratified and affirmed.
Section 6. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance proves to be
invalid, unlawful or unconstitutional, it shall not be held to impair the validitrdinorce or
effect of any other action or part of this Ordinance.
Section 7. Conflicts.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 8. Codification/Instructions to Code Codifier.
It is the intention of the City Commission of the City of Sanford, Florida, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part
of the codified version of the City of Sanford Comprehensive Plan and/or the Code of
Ordinances of the City of Sanford, Florida in terms of amending the Future Land Use
Map of the City.
Section 9. Effective Date.
The Comprehensive Plan amendment set forth herein shall not become
effective, in accordance with Section 163.3184(3), Florida Statutes, until 31 days after
the State land planning agency (Florida Department of Economic Opportunity) notifies
the City that the Plan amendment package is complete. If timely challenged, the Plan
amendment shall not become effective until the said State land planning agency or the
Administration Commission enters a final order determining the adopted amendment to
be in compliance.
Passed and adopted this 1 1th day of April, 2022.
5Ir y e
Attest:
gzmp10'1' �kpu
as to form and lega
Wigiam L. Colbert, Esquire
City Attorney
City Commission of the City
Sanford, Florida
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A-rt'VV 0-crd ruff
Mayor
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6 1 F1 a g e
CITY OF
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SANPURD
FLORIDA Item No.
CITY COMMISSION MEMORANDUM 22-106
APRIL 1 1, 2022 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP — Director of Planning
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager �Ile
SUBJECT: Comprehensive Plan Future Land Use map amendment for 0.92 acres at
project location 2623 Sanford Avenue from COM, Commercial (Seminole
County) to GC, General Commercial (City of Sanford)
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ 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 map designation for 0.92 acres
located at project address 2623 Sanford Avenue from COM, Commercial (Seminole County) to
GC, General Commercial (City of Sanford) has been received.
The property is owned by LGP Investment Company, LLC whose primary manager is Alfredo
Colimodio, Maverick VonHerbulis has made application for the owner. A CAPP (Citizens
Awareness and Participation Plan) meeting was held on January 6, 2022 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 two properties are vacant commercial lots with
the assessed tax values and total tax bills for 2021 shown below:
Parcel Number
Assessed Value (2021)
Tax Bill (2021)
Property Status
06-20-31-503-0600-0050
$16,250
$413
Vacant Commercial
06-20-31-503-0600-0080
$50,479
$1,282
Vacant Commercial
Upon annexation, it is the applicant's intent to combine the parcels and develop the site as a self -
storage facility.
BACKGROUND:
The 0.92 acre site is located in within Unincorporated Seminole County at the northwest comer of
Grandview Avenue and Wylly Avenue.
The applicant has submitted annexation petitions to incorporate the properties into the City. When
incorporated, the subject property will retain its Seminole County future land use designation of
COM, Commercial. The equivalent city future land use designation is GC, General Commercial.
The applicant has submitted a request to amend the future land use map designation for the 0.92
acres from Commercial to (County) to General Commercial (City) for the purpose of future
commercial development.
In addition, upon annexation, the applicant is seeking to rezone the property to GC-2, General
Commercial with a companion Conditional Use to establish a mini warehouse/self-storage facility,
which is compatible with development immediately adjacent to the property as well as the future
development patterns intended for this area.
Per Exhibit B of the JPA the land use designation of COM, Commercial (Seminole County) is
equivalent to the GC, General Commercial (City of Sanford) land use designation at this location.
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.
Below are excerpts of the Comprehensive Plan Identifying the Future Land Use designation of
GC, General Commercial.
Future Land Use
Objective FLU 1.1: Implement the Future Land Use Map Series. The maximum density and
Floor Area Ratio for the GC, General Commercial future land use is as follows:
Land Use Designations
Map Symbol
Density/Intensity (Max)
General Con7mercial*
GC
0.50 FAR
20 Units per Acre
*Where compatible with adjacent uses, Multifamily residential no greater than 20 units per acre is permitted
I
as a secondary use to the general commercial uses provided the residential use is not more than 40 percent of the
square footage of the general commercial use on the site. The provision of residential must result in a no net increase
in demand for public facilities (not including schools) greater than that which would be required for general
commercial uses.
OBJECTIVE FLU 1.3: Allocate Commercial Land Uses. The Future Land Use Map shall
identify commercial land for: 1) neighborhood commercial development; and 2) general
commercial development. The allocation of land for commercial development shall be compatible
with goals and objectives identified in the Comprehensive Plan, consistent with supportive
research and analysis and in compliance with those performance criteria established in Policy
FLU 1. 1.7. The policies Stated below provide an explanation of the purpose, intent and character
of the commercial land use designations. This objective shall be measured through the
implementation of the following policies:
Policy FLU 1.3.1: Consider Factors for Locating Commercial Development. The location and
distribution of specific types of commercial activities shall be determined based on the following
considerations:
a. Trip generation characteristics, impact on existing and planned transportation facilities and
ability to achieve a functional internal circulation and off-street parking system, with appropriate
buffering, as required by the LDRs;
b. Location and site requirements based on specific needs of respective commercial activities, their
market area, and anticipated employment generation and floor area requirements;
c. Compatibility with and impact on other surrounding commercial activities;
d. Relationship to surrounding land uses and natural systems; and
e. Impact on existing and planned community services and utilities.
Policy FLU 1.3.6: Designate General Commercial Development (GC). The General
Commercial (GC) areas are designated on the Future Land Use Map for purposes of
accommodating community -oriented retail sales and services; highway -oriented sales and
services; and other general commercial activities. Multifamily residential is encouraged as a
secondary use to foster sustainable, mixed -use developments that reduce vehicle miles traveled
and support a walkable community.
The General Commercial designation shall be located in highly accessible areas adjacent to major
thoroughfares which possess necessary location, site, and market requirements. The maximum
intensity of General Commercial development measured as a floor area ratio is 0.50. All new
development within General Commercial designated areas shall be required to comply with
performance criteria.
The General Commercial area is not intended to accommodate manufacturing, processing, or
assembly of goods, sales and service of heavy commercial vehicle and equipment, or related
services or maintenance activities; warehousing; uses requiring extensive outside storage; or other
activities which may generate nuisance impacts, including glare, smoke or other air pollutants,
noise, vibration or major fire hazards, or other impacts associated with more intensive industrial
uses.
Multifamily residential is permitted within this designation at a density of 20 dwelling units per
acre. The residential mix may not exceed more than 40 percent of the total square footage of the
general commercial uses. The provision of residential must result in a no net increase in demand
for public facilities (not including schools) greater than that which would be required for general
commercial uses. 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.
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 provision or extension ofpublic infrastructure and
services;
3. Promotes walkable and connected communities and provides for compact development and
a mix of uses at densities and intensities that support a range of housing choices and a
multimodal transportation system;
4. Promotes conservation of water and energy;
5. Preserves agricultural areas and activities;
6 Preserves open space and natural lands and provides for public open space and recreation
needs;
7. Creates a balance of land uses based on demands of residential population for the
nonresidential needs of an area; and,
8. Provides uses, densities and intensities of use and urban form that would remediate an
existing or planned sprawl development pattern or provides for an innovative development
pattern such as transit oriented development or new towns.
The proposed amendment has been analyzed and found to promote the following criteria: 1, 2, 4,
and 7.
• Criteria I — The proposed development of the site is not anticipated to have any negative
impact upon natural resources. As part of the development review process the proposed
development will have to comply with all state, and federal environmental permitting
requirements.
• Criteria 3 — Water and sewer service for the proposed development would be provided by
the City of Sanford Utilities.
• Criteria 4 — The proposed development of the site for self -storage generates a lower
demand for water and sewer than other commercial types of development that would be
permitted by the proposed zoning and land use.
• Criteria 7 — With a large influx of multifamily developments coming into the city, the
proposed commercial use would help to provide a balance of land uses while meeting the
demands of residential population of the area.
City staff finds that the proposed 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 City's Comprehensive Plan, the JPA and
Chapter 163, Florida Statutes.
In accordance with the recommendation of staff, on March 3, 2022, the Planning and Zoning
Commission recommended that City Commission approve the request to amend the Future Land
Use designation of 0.92 acres at 2623 Sanford Avenue from COM, Commercial (Seminole
County) to GC, General Commercial (City of Sanford)..
LEGAL RFviFw:
This matter is not a quasi-judicial matter as amendments to local government comprehensive plans
are legislative in nature. When lands are subject to a text provision (goal, objective or policy) of
the City's Comprehensive Plan or the provisions of the City/County JPA; the City is bound to
adhere to the provisions of the text of the City's Comprehensive Plan or 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.
Likewise, comprehensive plans must be implemented in an ongoing manner and internal
consistency must be maintained at all times. SAA legal counsel has been apprised of this matter
and invited to attend the hearings of the City.
The City Commission approved Ordinance No. 4683, on the first reading on March 28, 2022.
The City Clerk published notice of the 2 n1 Public Hearing in the Sanford Herald on March 16,
2022.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 4683.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4683."
Attachments: (1). Project Information Sheet.
(2). Comprehensive Plan Map Amendment.
(3). Site Aerial Map
(4). Ordinance No. 4683.
PROJECT INFORMATION - 2623 SANFORD AVENUE
COMPREHENSIVE PLAN AMENDMENT
Requested Action: Rezone two parcels totaling 0.92 acres from C-2, Retail Commercial (Seminole
County) to GC-2, General Commercial (City of Sanford) at 2623 Sanford Avenue.
Proposed Use: Self -Storage Facility
Project Address: 2623 Sanford Avenue
Current Zoning: C-2, Retail Commercial (Seminole County)
Proposed Zoning: GC-2, General Commercial (City of Sanford)
Current Land Use: Vacant Commercial
Tax Parcel Numbers: 06-20-31-503-0600-0050 & 06-20-31-503-0600-0080
Site Area: 0.92 Acres
Property Owners: LGP Investment Company, LLC
350 E Seminole Boulevard
Sanford, FL 32771
Applicant/Agent: Maverick Von Herbulis - McKee Construction
790 Monroe Road
Sanford, FL32771
Phone: 407.719.2388
CAPP Meeting: A CAPP meeting was held on January 6, 2022
Commission District: District 3 — Patrick Austin
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: COM, Commercial, (Seminole County) 0.92 acres.
Proposed Future Land Use: GC, General Commercial
Existing Land Use: Vacant Commercial
Surrounding Uses and Zoning:
Zoning
North SRI, Single Family Residential
South Wylly A venue
GC-2, General Commercial
East SRI, Single Family Residential
R-1, Single Family Residential
West GC-2, General Connnercial
Use
Single Family Residence
Rights -Of -Way
Warehouse
Vacant Residential
Vacant Residential (Airport)
Gas StationlConvenience Store
C"Ity of Sanford Comprehensive Plan Amendment
Site: 2623 Sanford Avenue
Parcels: 06-20-31-503-0600-0050, 06-20-31-503-0600-0080
Proposed Future Land Use: General Commercial (GC)
0.92 Acres
Existing Land Use Current Future Land Use Proposed Future Land Us
M Commercial General
Commucial I M M �
Inclustn3 Commercial
office (GCS
'r Shlqle I Family
TwispirOtim
Vacant
mnmniiii
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
1. Ownership
LPG Investment Company LLC hereby attest to ownership of the property described below:
Tax Parcel Number(s): 06-20-31-503-0600-0030, 06-20-31-503-0600-0050, 06-20-31-503-0600-0080
Address of Property: 2623 Sanford Ave. Sanford, FL 32773
for which this Conditional Use
application is submitted to the City of Sanford.
11. Designation of Applicant's Agent (leave blank if not applicable)
As the owner/applicant of the above designated property for which this affidavit is submitted, I designate the below named individual
as my agent in all matters pertaining to the application process. In authorizing the agent named below to represent me, or my
company, I attest that the application is made in good faith and that all information contained in the application is accurate and
complete to the best of my personal knowledge.
Applicant's Agent (Print): Maverick VonHerbulis
Agent Address: 717 Monroe Rd. Sanford, FL 32771
Email: maverick@mckeegc.com
Ill. Notice to Owner
Signature:
Phone: 407-719-2388
Fax: 407-323-9304
A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require a new affidavit. if ownership
changes, the new owner assumes all obligations related to the filing application process.
B. if the Owner intends for the authority of the Applicant's Agent to be limited in any manner, please indicate the limitations(s)
below. (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc.)
The owner of the real property associated with this application or procurement activity is a (check one)
o Individual o Corporation o Land Trust ❑ Partnership 1-k Limited 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%) or more of the stock of the corporation. Shareholders
need not be disclosed if a corporation's stock are traded publicly on any national stock exchange.
3. in the case of a 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 Ilimited liability compan . list the nome, 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 intomst, manager, or managing member is o corporation, trust orpartnership, p/euua provide the information
required inparagraphs 2.3and/or 4above.
Name of LLC: Alfredo Colimodio and Julio Sturup
6. In the circumstances of 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 mfPurchaser:
Date of Contract:
NAME TITLE/OFFICE/TRUSTEE ADDRESS % OF
OR BENEFICIARY INTEREST
(Use additional sheets for more spaoej
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 inwriting Nthe City prior toany action being taken bythe City esto the matter relative Uowhich this document pertains.
/l | 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, hu8una land use amendment, special
exnepUon, or variance involved with this Application to become void urfor the submission for procurement activity 0u be non-
responsive. | certify that | am legally authorized to execute this Affidavit and to bind the Applicant orVendor Va the disclosures
herein.
. Date Owner, Agent, Applicant Signature
STATE OF FLORIDA
COUNTY OF SEK0|NOLE
|HEREBY CER I Y ffiaLon thiis day, before me, an officer duly authorized to administer oaths and take acknowledgments,
personally appeareo identification
anoaoxnmm/eogeooemmmethat�heexecumotneoume � usubscribed0 ka by bymeans uf
(}physical presence oronline notarization onthe��day of ��asaid person did take onoath and was �ra(
duly sworn by me, on oath, said penson, further, deposing and saying
that s/he has d the foregoing and that Na statements and
allegations contained herein are true and correct.
WITNESS myhand and official seal in the CouNy and State last aforesaid this t) day of.