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4732 Rezone 4.68 Acres - 275 Meisch RoadOrdinance Number 2023-4732 An ordinance of the City of Sanford, Florida relating to a Planned Development (PD) by creating the Orlando Steel PD with regard to a parcel about 4.68 acres in size; providing for the rezoning of real property generally addressed and located at 275 Meisch Road and assigned Tax Parcel Identification Numbers 26-19-30-5AE-3300-0000 and 26-19-30-5AE-340A-0000 by the Seminole County Property Appraiser which parcels are located within the City Limits (map of the PD 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 the Orlando Steel 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 under the provisions and procedures of the City's Land Development Regulations (LDRs) proposing to create a Planned Development (PD) zoning district classification named the Orlando Steel PD in order to develop the property for industrial uses relative to property addressed as 275 Meisch Road involving approximately 4.68 acres of land (PD Property); and Whereas, the PD Property is located on the southwest corner of State Road 46 and Meisch Road; and Whereas, the Property Owner of the PD Property, which is assigned Tax Parcel Identification Numbers 26-19-30-5AE-3300-0000 and 26-19-30-5AE-340A-0000 by the Seminole County Property, is DCBC Land Development LLC whose sole manager is David Chai; and Whereas, Aldo Mojias, PE, of AVCON, Inc., located in Orlando made application on behalf of the Property Owner for the PD rezoning action set forth herein; Whereas, the PD Property is assigned the AG, Agriculture, zoning district/classification under the City's LDRs with a future land use designation assignment of WC, Westside Industry and Commerce pursuant to the City's Comprehensive Plan; and Whereas, the Orlando Steel PD Master Plan provides for an industrial/warehouse project consisting of 2 buildings with the main building being 49,501 square feet in size and is intended to be used for manufacturing, distribution and office uses and the second building being 7,732 square -feet in size for use storing raw materials needed to support the manufacturing occurring in the main building; and Whereas, the Orlando Steel PD Master Plan allows for a maximum building height of 50' and identifies specific development standards with any development standards not identified required to meet RI -1, Restricted Industrial, zoning district/classification standards; and Whereas, all development within the Orlando Steel PD must address infrastructure needs, provision of services, development phasing, development intensity and land use compatibility standards as part of an integrated design scheme which includes very detailed strategies and techniques for resolving development impacts; and Whereas, a CAPP (Citizens Awareness and Participation Plan) meeting was held on March 7, 2023 and the CAPP process has been found satisfactory to the City; Fri Whereas, the City's Planning and Development Services Department has 2 (Pae 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 of Sanford's Planning and Zoning Commission held a public hearing on April 6, 2023, in order to consider application and unanimously recommended approval of the rezoning action for the PD Property as requested by the Property Owner; and Whereas, the City Commission has determined that the proposed rezoning of the PD 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; and Whereas, the City Commission of the City of Sanford, Florida has taken all actions relating to the Orlando Steel 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 incorporates into this Ordinance the City staff report and City Commission agenda memorandum relating to the application relating to the proposed rezoning of the PD 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 _ _ _ 31Pay7e 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. Section 2. Rezoning of real property/implementing actions; the Orlando Steel PD. (a), Upon enactment of this Ordinance the PD Property, as depicted in the map attached to this Ordinance, shall be rezoned to the Orlando Steel 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 Orlando Steel 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: (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). Unless specifically requested and approved on the PD Master _ _ 411'a -e Plan, any required elements missing from or not shown on the Orlando Steel PD Master Plan or associated PD documents shall comply with and default to the regulations in the City's LDRs with a default to the standards of the RI -1, Restricted Industrial, zoning district/classification standards. (3). A development plan prepared and sealed by a licensed Florida professional engineer meeting the requirements of the City's LDRs must be submitted and approved prior to any construction on site. With regard to this requirement, a separate development plan is required for each parcel, outparcel, or phase proposed for development within the Orlando Steel PD. (4). 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. (5). All parking lot landscaping and landscape buffers along West 1 st Street/State Road 46 shall comply with Schedule U, Section 2.0, of the City's LDRs. (6). If City staff and the Property Owner is unable to agree to the details of this Development Order in any way, the matter will be submitted to the Planning and Zoning Commission or the Historic Preservation Board, whichever is appropriate, for resolution at a public hearing, and the matter will be adjudicated by means of a development order or denial development order relating thereto. 51pa`tie_ (7). 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 Orlando Steel PD Master Plan for the Orlando Steel 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 Orlando Steel PD. Section 4. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. Section 5. Severability. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. Section 6. Non -codification; 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 its successor(s) in interest within 60 days of the effective date of this Ordinance or the PD 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 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 and, further, all matters set forth herein may be enforced by any code enforcement process available to the City under the provisions of controlling law. 7 1 P a a e Section 7. Effective Date. This Ordinance shall take effect upon enactment. Passed and adopted this 8th day of May, 2023. Attest: Traci Houchin, MMC, FCRM City Clerk Approved as to form and leg Iliam L. Colbert, City Attorney City Commission of the City of Sanford, Florida/ 81Pagye R Zoning Sanford AG (Agriculture) GC -2 (General Commercial) PD (Planned Development) RI -1 (Restricted Industrial) SR -1 (Single Family Dwelling Residential) Seminole County SITE A-1 (Agriculture) f R-1 (Single -Family Dwelling) C-2 (Retail Commercial) 46 M-1 (Industrial) Site 275 Meisch Road 26-19-30-5AE-3300-0000 & 26-19-30-5AE-340A-0000 RAILSIDE LOOP M 0, SANFORD AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT —.—ta qw Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below: I. Ownership David Chai hereby attest to ownership of the property described below: Tax Parcel Number(s): 26-19-30-5AE-340A-0000, 26-19-30-5AE-3300-0000 Address of Property: 275 Meisch Road. Sanford, FL 32771, W 1 st St., Sanford, FL 32771 for which this Planned Development Rezoning application is submitted to the City of Sanford. It. 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 Informal' contained in lication is accurate and complete to the best of my personal knowledge. Applicant's Agent (Print): Aldo E. Mejias Signature: 'l Agent Address: 5555 E. Michigan Street, Suite 200. Orlando FL 32822 Email: amejias@avconinc.com Phone: (407) 59 - 1122 ax: III. Notice to Owner 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) n Individual rt Corporation n Land Trust r; Partnership -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 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: DCBC Land Development, 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 TITLE/OFFICE/TRUSTEE ADDRESS ( % OF OR BENEFICIARY INTEREST I i I i (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. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. 1 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. Date STATE OF FLORIDA COUNTY OF Sworn to (or affirmed) and subscribed before me by on this day of pas 20 7-7— Signature z Signature of Notary Public Owner, Agent, Applicant Signature Ityis L"Aluu. Print, Type or Stamp Name of Notary Public Personally Known OR Produced Identification Y i CHRIS CHIU Type of Identification Produced C,t�;0. _ (7 7— 60�— 02%-- } Notary Public - State Florida �'��o Commission # NH 233 b947 'orn My Comm. Expires Mar 7, 2026 Affidavit or ownership - January 2015 Bonded through National Notary Assn. March 8, 2023 Citizen Awareness and Participation Plan Orlando Steel Framing 9150 Curry Ford Road Orlando, FL 32825 1. Overview AVCON, INC. ENGINEERS : PLANNERS 5555 E. Michigan Street, Ste. 200 Orlando, Florida 32822 407599.1122 1 avconinc.com A Neighborhood Meeting for the development of a new Industrial Storage property, located along 275 Meisch Road in Sanford, took place on Tuesday, March 7th, 2023 at an adjacent property. The meeting was required as part of the Citizen Awareness and Participation Plan (CAPP) submitted in conjunction with the PD Rezone application. The Seminole County Property Appraiser parcel identification numbers associated with the subject property are 26-19- 305AE-340A-0000, and 26-19-305AE-3300-0000. 2. List of Meeting Invitees A list of affected parties that were notified of proposed project and invited to attend the Neighborhood Meeting is provided in Appendix A. Meeting notices were mailed prior to the meeting to property owners within 500 ft of the subject property, and to relevant parties at the City of Sanford. 3. Meeting Notice A copy of the meeting notice is provided in Appendix B, this included a narrative and a proposed site plan. 4. Date and Location of the Neighborhood Meeting Tuesday March 7, 2023, at 5:30pm — 7:00pm Central Baptist Church of Sanford — 3101 1` Street, Sanford, FL 32771 5. Meeting Attendance A list of our attendees for this meeting will be listed in Appendix C. We had a total of twelve (12) people in attendance, this includes the applicants and their representatives. There was an individual, Tom Ball, who couldn't make it to the meeting, but gave us a call to voice his concerns on 02/27/23 @ 2:57 pm. TRANSFORMING TODAY'S IDEAS INTO TOit10RROV"S REALITY `%WYEARS gq� 6. Summary of Concerns AVCON, INC. ENGINEERS & PLANNERS 5555 E. Michigan Street, Ste. 200 Orlando, Florida 32822 407.599.1122 1 avconinc.cotn Rick Morrow, an individual associated with Central Church inquired about what trees will remain and what will be put in along the proposed projects east property line. He also mentioned if we would keep a natural buffer in between the property and the church which is on the east side of the proposed property. The individual that couldn't be in the meeting, Tom Ball, was concerned with the Road Improvements along Meisch Road and State Road 46. Both concerns were adequately addressed during the meeting and on the phone call with Tom Ball. FRAN'SFORMING TODAY'S IDEAS INTO TO,IIORRONN"S REALITY gq� AVCON, INC. ENGINEERS 8; PLANNERS `%:/ YEARS 5555 E. Michigan Street, Ste. 200 Orlando, Florida 32822 March 8, 2023 APPENDIX A 22-19-30.5AD-0000-0050 SR 46 LAND INVESTORS LLC 921 N PENNSYLVANIA AVE WINTER PARK. FL 32789 27-19-30.504.0000.0050 BLUE BELL CREAMERIES LP PO BOX 1807 BRENHAM, TX 77834 2 6-19-30.5A E-31 OC -0000 OGLESBY. AMANDA 3316 W 5TH ST SANFORD, FL 32771 26-19-30-5AE-34OA-0000 DCBC LAND DEVELOPNIENT LLC 5525 BENCHMARK LN SANFORD, FL 32773 26-19-30-5A E-350 0-0000 THOMAS B BALL III LLLP 213 SHADY OAKS CIR LAKE MARY. FL 32746 22-19-30-5AD-0000-030A DD SANFORD I LLC STOCKBRIDGE. GA 30281 26-19-30-5.4E-31 OA -0000 TRADEMARK h1ETALS RECYCLING LLC 5401 W KENNEDY BLVDSTE 400 TAMPA. FL 33609 22-19-30-5A D -0000-040A HUDSONS FURNITURE SHO''AROCM INC 3290 SR 46 SANFORD, FL 32771 22-19-30-5AD-0000-033A HUDSONS FURNITURE SHO1AIRCIOM INC 3290 SR 46 SANFORD, FL 32771 26-19-30-5AE-310 B-0000 MCLVATTERS, CHARLES E & SAYNE, BRIAN M 3312 W 5TH ST SANFORD, FL 32771 27-19-30-504-0000-0040 RED LION PROPERTIES C 0 3.0 LICt� F' OF=RTI=3 LL -'4'w! GORDON S' SANFORD. FL 32771 26-19-30-SAE-33OA-0000 CEN''TRAL BAPTIST CHURCH OF SANFORD FL 3101 W 1ST ST SANFORD, FL 32771 26 -19 -30 -SAE -3100-0000 SANFORD 46 LLC 530 S RONALD REAGAN BLVD#100 LONGWOOD, FL 32750 26-19-30-5AE-3300-0000 DCBC LAND DEVELOPMENT LLC 5525 BENCHMARK LN SANFORD, FL 32773 22-19-30-5AD-0000-0280 NOONAN JOHN G BISHOP C-,0 DIOCESE OF ORLANDOPO BOX 1800 ORLANDO. FL 32802 Cite of Sanford Phuuting Department /Mites Patel 300 Park Ave Sanford FL 32771 407599.1122 1 avconinc.com TRANSFORMING TODAY'S IDEAS INTO TO�`IORRO«''S REALITY kq� AVCON, INC. s1.cliiEEas & rWNveRs Njef Y E A R S 5555 E. Michigan Street, Ste. 200 Orlando, Florida 32822 407.599.1122 1 avconinc.com Appendix B — Meeting Notice TRANSFORMING TODAY'S IDEAS INTO TOMORROW'S REALITY AVCON, INC. 5555 E. Michigan St., Suite 200 February 17, 2023 Orlando, Florida 32822 Phone: (407) 599-1122 Fax: (407) 599-1133 Citizen Awareness and Participation Plan www.avconinc.com Orlando Steel Framing 275 Meisch Road Sanford, FL 32771 Dear Current Property Owner: We invite you to a neighborhood meeting to review and discuss the proposed PD Rezone and New Construction for the Orlando Steel Framing property located at 275 Meisch Road. The proposed project includes the construction of industrial storage buildings, with associated parking spaces, and a stormwater pond. A preliminary site plan concept is provided with this notice. The neighborhood meeting will provide the local community with a venue to discuss the proposed construction in the property, to provide support for the proposal, or voice any concerns there may be with the plan. All are welcome. A full-sized copy of the site plan submitted to the city will be available for review at the neighborhood meeting. If you are unavailable to attend but have questions to ask or comments to provide, please email those questions or comments to Hernan Sabau at hsabau0avconinc.com. These can be in English or Spanish, whatever is best for you. The meeting will be held at the following location and time: LOCATION: Central Baptist Church of Sanford 3101 1ST ST Sanford, FL 32771 DATE: Tuesday, March 7, 2023 TIME: 5:30pm to 7:00pm Sincerely, AVCON, INC. Hernan Saban Engineer CIVIL & STRUCTURAL ENGINEERING 0 AIRPORT & AVIATION CONSULTING 0 TRANSPORTATION DESIGN & PLANNING STATE ROAD # (WEST FIRST STREET) � _ \. � ���z� &�� — a��� •� � � � �----�-- — --- �--- --�� �-- — � fi -- ,— . �§ = ) uz (0 08 r■ � �§oLL |■||\ ■2i �!, was _ � � wo-M ■�■ � .....� STATE ROAD # (WEST FIRST STREET) � _ \. � ���z� &�� — a��� •� � � � �----�-- — --- �--- --�� �-- — � fi -- ,— . �§ = ) uz (0 08 � �§oLL |■||\ § �!, STATE ROAD # (WEST FIRST STREET) � _ \. � ���z� &�� — a��� •� � � � �----�-- — --- �--- --�� �-- — � fi -- ,— . �§ gig # |■||\ § �!, ■ § \\\|\$).§ 4 7H `§ t.LLIJM fill HF! | © / I gig # \\\|\$).§ 4 7H `§ HF! / I IRS (!|� !�§§■ )\)§:\j.§| AVCON, INC. ENGINEERS & PLANNERS `%W YEARS 5555 E. Michigan Street, Ste. 200 Orlando, Florida 32822 407.599.1122 1 avconinc.com Appendix C — Meeting Attendance List TRANSFORMING TODAY'S IDEAS INTO TOMORROW'S REALITY 5 Sv b 12 AVCON, INC. ENGINEERS & PLANNERS 5555 E. Michigan St., Suite 200 Orlando, FL 32822-2779 Phone: (407) 599-1122 Fax (407) 599-1133 www.avconinc.com Orlando Steel Framing Citizen Awareness and Participation Plan SIGN IN SHEET March 7, 2023 NAM COMPANY/PROPERTY EMAIL ADDRESS CCi �/l, i � � '�•I l + � i� '�',�i' P .[ : 1�%)� / %�-� �0 c- y; t ru. t� ' i •,,r*� c fv, " � f L! q i li � f1 CLL t cx►M 3 vr' iLl L b /ems J1' l G (jZ 0✓rrllf�i'4 J C I �i1Lt,.�.� alV+c'+C+r11 ,*l p. c. o `IC W) \ MEW" o- ` (k,U �.r�uu�S (6) %la C-2 � 1 LC -1 l iY�l�.�rC.t � i'a.' ---fly L� ��. •, � '!t �! [-L �r 7 r J iA�CS� �. DISTRIBUTION: 06 [4 Z3 (NA /DATE) 0 r Kra J -i W W Q ELI a W d o ca w zN z� 5 �g rr� OWN LL 0- J -i W W Q ELI a W d o ca w zN z� 5 �g oS LL yam; 1g1� \\' 4 A4y9 x x aC €Eq UW O pG x S i s� $� R k •$' ail ''iE'44 — a I) �Y 116k �Y e n Y V 1 �p Hg E b g g k 1 ;tt ( $�,oRx aq g r 3 _� I fiRS G 1 8 ,.r � A 0 e � I 1 W � � £ � � q q} 1 GYM > o c � a v e•'Ti i AC F ORp Ck5 ��O OF SkNFORDn Es'r. s FLORIDA CITY COMMISSION MEMORANDUM 23. 086 MAY 8, 2023 AGENDA TO: Honorable Mayor and Members of the City PREPARED BY: Eileen Hinson, AICP — Planning�irA�coSUBMITTED BY: Norton N. Bonaparte, Jr., I�-CIVI, SUBJECT: Rezone of 4.68 acres bm AG, Agricul Planned Development (City of Sanfor Meisch Road STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities W S _ RM X Item No. li•i� -tire (City of Sanford) to PD, at the project address of 275 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. SYNOPSIS: A request to rezone 4.68 acres from AG, Agriculture (City of Sanford) to PD, Planned Development (City of Sanford) at the project address of 275 Meisch Road has been received. The property is owned by DCBC Land Development LLC, whose sole manager is David Chai. Aldo Mojias, PE of AVCON, Inc. has made application for the owner. A Citizens Awareness and Participation Plan (CAPP) meeting was held on March 7, 2023 and a copy of the report is attached, which has been found to be satisfactory to the City. The Affidavit of Ownership and Designation of Agent form is attached, and additional information is available in order to ensure that all potential conflicts of interest are capable of being discerned. FISCAL/STAFFING STATEMENT: According to the Property Appraiser's records, the two parcels are vacant and being assessed as vacant industrial with the assessed tax values and total tax bills for 2022 shown below: Parcel Number Assessed Value Tax Bill Property Status (2022) (2022) 26-19-30-5AE-3300-0000 $2,528 $45 Vacant Industrial Parcel 1 26-19-30-5AE-340A-0000 $70,608 -T $558 Vacant Industrial Parcel 2) It is the applicant's intent to develop the property for industrial use. The proposed development will facilitate new non-residential construction and generate additional tax revenue to the City. No additional staffing is anticipated if the PD Rezone is approved. BACKGROUND: The 4.68 -acre site is located on the southwest corner of State Road 46 and Meisch Road. The subject property is currently zoned AG, Agriculture, with a future Land Use Designation of WIC, Westside Industry and Commerce. On January 25, 2023, the Seminole County Development Review Division issued a Stop Work Notice for doing site work in the rights-of-way known as Meisch Road without permit approval from Seminole County. On January 26, 2023, the property owners were cited by the City of Sanford Code Enforcement for working without permits, unpermitted construction of a fence, unpermitted outdoor storage of equipment, and other construction activities without permits. According to the Orlando Steel PD Master Plan, the applicant is proposing an industrial/warehouse project consisting of two buildings. The main building is 49,501 square feet in size and is intended to be used for manufacturing, distribution, and office. The second building is proposed as a 7,732 square -foot building and intended to be used for storage of raw materials needed to support the manufacturing occurring in the main building. The Master Plan allows for a maximum building height of fifty (50) feet. The Master Plan also identifies specific development standards. Any development standards not identified shall be required to meet RI -1, Restricted Industrial Standards. All new development shall be required to address infrastructure needs, provision of services, development phasing, and development intensity and land use compatibility as part of an integrated design scheme which includes very detailed strategies and techniques for resolving development impacts. Seminole County Joint Planning Agreement (JPA) Compatibility 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 "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 I-4 as well as SR 417 and the SunRail commuter line provides access to regional markets and a substantial labor force. The WIC designation permits both a vertical and horizontal land use mix of commercial, office, residential with a maximum residential density of 20 dwelling units per acre. 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 (WIC), 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 City's Citizens Awareness and Participation Plan requirement is designed to focus attention on the importance of citizen participation early in the planning process and its relationship to completing a successful development project in Sanford. A Citizens Awareness Participation Plan (CAPP) meeting was conducted at which time the applicant provided a concept plan for indoor storage, and indoor manufacturing, wholesale distribution, and office. The proposed uses within the PD are in line with its underlying land use of WIC and the Sanford – Seminole County JPA. Staff supports the request subject to the staff recommend conditions provided in this report. 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 2022 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 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 information within 30 days after receiving the request, the municipality must review the application for completeness and issue a letter indicating that all required information has been submitted or specify with particularity any areas that are deficient within 10 days after receiving the additional information. (d) Before a third request for additional information, the applicant must be offered a meeting to attempt to resolve outstanding issues. If a municipality makes a third request for additional information and the applicant submits the required additional information within 30 days after receiving the request, the municipality must deem the application complete within 10 days after receiving the additional information or proceed to process the application for approval or denial unless the applicant waived the municipality's limitation in writing as described in paragraph (a). (e) Except as provided in subsection (5), if the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the municipality, at the applicant's request, shall proceed to process the application for approval or denial. (3) 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 permits. (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 aep rmit or approval from anv 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 163.3 164(16), Florida Statutes). 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). 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 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. 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 approved the first reading of Ordinance No. 4732 on April 24, 2023. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on April 30, 2023. RECOMMENDATION: On April 6, 2023, the Planning and Zoning Commission, consistent with the recommendation of Staff, recommended the City Commission adopt an ordinance rezoning 4.68 acres from AG, Agriculture (City of Sanford) to PD, Planned Development (City of Sanford) for the proposed Orlando Steel Framing warehouse at project address 275 Meisch Road, based on consistency with the goals, objectives and policies of the City's Comprehensive Plan. The following conditions should be considered to accompany any approval in the ordinance and its associated development order: 1. Pursuant to Section 4.3.G of the Land Development Regulations (LDR) of the City of Sanford, this rezoning shall expire three years from the effective date of this Ordinance if all improvements have not been completed or an extension granted. 2. Unless specifically requested and approved on the PD Master Plan, any required elements missing from or not shown on the PD Master Plan shall comply with the City's LDR. 3. A development plan prepared and sealed by a licensed Florida, professional engineer meeting the requirements of the City's Land Development Regulations must be submitted and approved prior to any construction on site and, with regard to this requirement, a separate development plan is required for each parcel, outparcel, or phase proposed for development within the Orlando Steel PD. 4. 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. 5. All parking lot landscaping and Landscape Buffer along West 1St Street / State Road 46 shall comply with Schedule U, Section 2.0. 6. Any elements or developments standards not identified on the PD Master Plan, shall default to RI -1, Restricted Industrial Standards. 7. 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. It is staff's recommendation the City Commission adopt Ordinance No. 4732. SUGGESTED MOTION: "I move to adopt Ordinance No. 4732." Attachments: (1) Ordinance No. 4732 (2) Project Information Sheet (3) Site Aerial Map (4) Zoning Map (5) Affidavit of Ownership (6) CAPP Meeting Report (7) PD Master Plan TADevelopment Review\03-Land Development\2023\275 Meisch Road\PZC\PDR