4747 Rezone 2.92 Acres - 7375 North Ronald Reagan Blvd - from GC-2 to RI-1Ordinance No. 2023-4747
An ordinance of the City of Sanford, Florida providing
for the rezoning of a parcel 2.92 acres in size the subject
property being located at 7375 North Ronald Reagan
Boulevard within the City Limits (maps relating to the
property are attached) (Tax Parcel Identification
Numbers 12-20-30-300-0200-0000 and 12-20-30-300-
020A-0000) from the General Commercial (GC -2) zoning
district/classification to the Restricted Industrial (RI -1)
zoning district/classification; providing for the taking of
implementing administrative actions; providing for the
adoption of a map by reference; repealing all conflicting
ordinances; providing for severability; providing for
non -codification and providing for an effective date.
Whereas, Innovative Properties, LLC, a Florida limited liability company, of
Lake Mary, is the owner of certain real property which land totals approximately 2.92
acres in size; and
Whereas, the managers/members of Innovative Properties, LLC are Sadique
M. Jaffer and Mohamedtaki Jaffer; and
Whereas, two CAPP (Citizens Awareness and Participation Plan) meetings
were held on May 12, 2023 and June 12, 2023 by the property owner's representative
William E. Barfield and the resulting CAPP report has been found to be satisfactory to
the City; and
Whereas, the property owner requested that the zoning district/classification
be changed from the from the General Commercial (GC -2) zoning district/classification
to the Restricted Industrial (RI -1) zoning district/classification-, and
Whereas, the subject property is located at 7375 North Ronald Reagan
Boulevard and is assigned Tax Parcel Identification Numbers 12-20-30-300-0200-0000
and 12-20-30-300-020A-0000 by the Property Appraiser of Seminole County; and
11,age
Whereas, the subject property is more specifically described as being located
south of North Ronald Reagan Boulevard and east of State Road 417; and
Whereas, the GC -2 zoning district/classification is not an appropriate zoning
district/classification for the Industrial future land use designation assigned to the
subject property under the provisions of the City's Comprehensive Plan and this
Ordinance will correct that inconsistency in accordance with the requirements of
controlling law; and
Whereas, the City of Sanford's Planning and Zoning Commission, as the
City's local planning agency, held a public hearing on August 3, 2023 to consider the
rezoning of the real property and recommended approval of the rezoning action set
forth herein; and
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 rezoning application
be approved and has otherwise reviewed and evaluated the application to determine
whether is 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
Whereas, professional City planning staff, the City's Planning and Zoning
Commission and the City Commission have determined that the proposed the rezoning
of the subject property as set forth in this Ordinance is consistent with the
Comprehensive Plan of the City of Sanford, the land development regulations of the
City of Sanford, and the controlling provisions of State law; and
2 1 P a g e
Whereas, the City Commission of the City of Sanford, Florida has taken, as
implemented by City staff, all actions relating to the rezoning action set forth herein in
accordance with the requirements and procedures mandated by State law and all prior
land use actions of the City are hereby ratified and affirmed.
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 subject
property as well as the recitals (whereas clauses) to this Ordinance.
(b). The City has not waived any rights or remedies by taken the action set
forth herein or by approving 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.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
Section 2. Rezoning of Real Property/Implementing Actions.
(a). Upon enactment of this Ordinance the following described property, as
depicted in the map attached to this Ordinance, the said 2.92 acres parcel, shall be
rezoned from the General Commercial (GC -2) zoning district/classification to the
Restricted Industrial (RI -1) zoning district/classification:
3 1 P a g e
Tax Identification Parcel Number Owner
12-20-30-300-0200-0000 and Innovative Properties, LLC
12-20-30-300-020A-0000
(b). The City Manager, or designee, is hereby authorized to execute any and
all documents necessary to formalize approval of the rezoning action taken herein 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.
(c). Conditions of development relating to the subject property may be
incorporated into the subsequent pertinent development orders and development
permits and such development orders and development permits may be subject to
public hearing requirements in accordance with the provisions of controlling law.
Section 3. Incorporation of Map. The map attached to this Ordinance is
hereby ratified and affirmed and incorporated into this Ordinance as a substantive part
of this Ordinance.
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. This Ordinance shall not be codified in the City
Code of the City of Sanford or the Land Development Code of the City of Sanford;
4 1 P a g e
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.
Section 7. Effective Date
(a). This Ordinance shall take effect immediately upon enactment subject to
the provisions of Subsection (b).
(b). This Ordinance shall not take effect until any ordinance relating to any
associated amendment to the City's Comprehensive Plan is final.
Passed and adopted this 28th day of August, 2023.
Attest: City Commission of the City of
Sanford, Florida
Traci Houchin, MMC, FCRM
City Clerk
rye.
Approved as to form and legality:
William L. Colbert, Esquire
City Attorney
5 1 P a g e
Y I PROJECT INFORMATION -- 7375 NORTH RONALD REAGAN
' BOULEVARD
REZONE
Requested Action: Rezone 2.92 acres from General Commercial (GC -2), to Restricted Industrial (RI -
1) at project address 7375 North Ronald Reagan Boulevard.
Proposed Use: Indoor Storage
Project Address: 7375 North Ronald Reagan Boulevard
Current Zoning: GC -2
Proposed Zoning: RI -1
Current Land Use: Vacant Commercial
Tax Parcel Number(s): 12-20-30-300-0200-0000 & 12-20-30-300-020A-0000
Site Area: 2.92 Acres
Property Owner: Innovative Properties, LLC
103 Commerce Street
STE 160
Sanford, FL 32773
Applicant/Agent: Christopher Thomson
Z Development Services
708 East Colonial Drive
STE 100
Orlando FL 32803
Phone: 407-271-8910 Extension 515
Email: permits@zdevelopmentservices.com
CAPP Meeting: A CAPP meeting was held on May 12, 2023 and June 12, 2023.
Commission District: District 1 — Commissioner Sheena Britton
COMPREHENSIVE PLAN COMPLIANCE REVIEW
Planning staff has reviewed the request and has determined the use and proposed improvements to be consistent with
the Goals, Objectives and Policies of the Comprehensive Plan.
Future Land Use: Industrial (1)
Existing Land Use: Vacant Residential
LAKE WAY iWLeARR
r
Site
7375 North Ronald Reagan Boulevard
12-20-30-300-0200-0000 &
.2-20-30-300-020A-0000
Zoning
Sanford
AG (Agriculture)
GC -2 (General Commercial)
MI -2 (Medium Industrial)
RMOI (Muluule-Family Residential -Off ice-Instltutioaial)
PD ,Planned Development)
RI -1 (Restricted Industrial)
SR -1 (5inole Family Dwelling Residential)
SR -1A (5ingle Family Dwellinq Residential)
Seminole County
R-1 (Single -Family Dwelling)
RD (Planned Development)
SITE
NORTH WAY
HIGH
t
Site }
7375 North Ronald Reagan Boulevard
12-20-30-300-0200-0000 &
.2-20-30-300-020A-0000
:':.. A
Clfl'vF
SANFORD AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
,tOHIDA
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Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
I. Ownership
Innovative Properties LLC (Sadique Jaffer) , hereby attest to ownership of the property described below.
Tax Parcel Number(s): 12-20-30-300-0200-0000 & 12-20-30-300-020A-0000
Address of Property: 7375 & 7441 Ronald Reagan Blvd, Sanford, FL 32773
forwhich this Rezone application is submitted to the City of Sanford.
II. 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): Christopher Thompson Signature:
Am-nt Adds.., 708 E. Colonial Dr, Ste. 100, Orlando, FL 32803
Email: Permits@zdevelopmentservices.com Phone;
Ill. Notice to Owner
407-281-8910x515 Fax:
A. All changes in Ownership andfor Applicant's Agent prior to final action of the City shall require anew affidavit. If ownership
changes, the new owner assumes all obligations related to the filing application process.
B. If the Owner intends for the authority of the Applicant's Agent to be limited in any manner, please indicate the limitations(s)
below. (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)
a Individual o Corporation o Land Trust u Partnership 14 Limited Liability Company
o 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. 50% Sadique Jaffer - 103 Commerce Street, Ste. 160, Lake Mary, FL 32746 &
50% Mohammedtaki Jaffer - 103 Commerce Street, Ste. 160, Lake Mary, FL 32746
2. For each corporation, list the name, address, and the 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: Sadique Jaffer MGRM, Mohamedtaki Jaffer MGRM
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: Na
Date of Contract:
NAME TITLE/OFFICE/TRUSTEE ADDRESS % OF
OR BENEFICIARY INTEREST
�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.
B. I affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. I
understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, special
exception, or variance involved with this Application to become void or for the submission for a procurement activity to be non-
responsive. I certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures
herein.
r
Date Q ne ;'Agent, Applicant Signature
STATE OF FLORIDA
COUNTY OF 1 i l D
Sworn to (or affirmed) and subscribed before me by
on this `� day of 20
•i*cY °v`• STACY ANN MARIE CHYLE
.a,. Notary aubllc - State of Plcida
Cammissior.: HH 027088
,crf4: c. : G .- t 2024
Signature`&Notary,'Public P e$ lip
Personally Known 1/OR Produced Identification _
Type of Identification Produced
Aff4wi of Ownershp - January 2015
WILLIAME BARFIELD, P.A.
June 12, 2023
Mrs. Eileen Hinson, AICP
Development Services Manager
Planning and Development Services
City of Sanford
300 North Park Ave.
Sanford, F132771
225 S. WESTMONT AVE., SUITE 2040
ALTAMONTE SPRINGS, FL 32771.
WILLIAM E. BARFIELD, ESQUIRE
DIRECTLINE (407)478-1866
FACISMILIE 9 (866) 473-0427
Re: Owner: Innovative Properties, LLC
Property: 12020-30-300-0200-000 and 12-20-30=300=020A-0000
Rezone from GC 2 to I 1 (R).
Dear Ms. Hinson:
This letter shall serve as our Final Report under the CAPP process for he above reference
properties.
Letters were sent to all property owners with 500 feet of the proposed project on April 25, 2023.
A copy of the letter is attached hereto with a list of those persons or entities that were sent the
notice. The first CAAP meeting was held on May 12, 2023. None of the property owners
noticed appeared.
A newspaper advertisement was published in the Sanford Herald on May 24, 2023, notifying the
general public of a meeting to be held on June 12, 2023. A copy of the notice is attached hereto.
No parties interested in the project appeared on Juen 12, 2023 at the appointed time.
Both the letters and the published notice invited anyone interested or concerned with the project
to contact the undersigned either by phone or by e-mail. The undersigned has not received any
inquiries concerning the proposed project.
Sincerely yours,
William E. B eld, P.A.
it ' E. Barfield, Esq.
407-404-4432
WILLIAME BARFIELD, P.A.
Apri125, 2023
SHIV-RAJ, INC.
3074 N RIO PLUMOSA
INDIALANTIC, FL 32903-3726
Subject: 7375 N. Ronald Reagan Blvd., Sanford, Florida
Parcel Nos. 12-20-30-300-0200-0000 and 12-20-30-300-020A-0000
Dear Property Owner:
225 S. WESIMONTAVE.,SUITE2040
ALTAMONTE SPRINGS, FL 32771.
WILLIAM E. BARFIELD, ESQUIRE
DIRECT LINE (407)404-4432
FACISMILIE # (866) 473-0427
This letter is to inform you of the potential future development of the property located at the
intersection of N Ronald Reagan Blvd. and SR 417, Sanford, Florida more particularly identified
above.
The subject property has a future land use of industrial and is currently zoned GC2, My office
represents the owners, Innovative Properties, LLC. The owner seeks to rezone the property to
Industrial 1 restricted (I1 -R)>
Attached is our proposed master plan. The property is being proposed for non -hazardous indoor
storage. The property will be fenced with access electronically controlled and video monitored.
You are receiving this notification because you own property within 500 feet of the site. We
will hold a meeting at the Offices of Jaffer Acquisitions Group, LLC located at 103 Commerce
Street, Lake Mary, Florida 32746. The meeting will be held at 1:00 PM on May 12, 2023 to
discuss the specifics of the proposed project, or you can simply contact me by phone (at the
number above) to discuss the specifics of this project or by email (wbarfieldnu,wbarfieldlaw.com)
instead of coming in person with any questions you may have.
Sincerely yours,
William E. Barfiel , P.A.
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709 F. COLON AL DIZ. STE 100 Rt(407)271.493°
ORLANDO, FL32603 FAX (407)d 4604
Owners of Property within 500 Feet of the Project
12-20-30-510-0000-0060
SHIV-RAJ, INC.
3074 N RIO PLUMOSA
INDIALANTIC, FL 32903-3726
12-20-30-300-019F-000
LAKE MARY 417 SS INVESTORS, LLC
921 PENNSYLVAINA AVE
WINTER PARK, FL 32789-2456
12-20-30-510-000-0010
SANCO WHAREHOUSES, LLC
181 TIMACUAN BLVD.
LAKE MARY, FL. 32746-5174
12-20-30-512-0000-0010
3M EALTY SOUTH FLORIDA, LLC
35 IRONIA RD.
FLANDERS NJ 07836-4421
12-20-30-510-0000-0020
12-20-30-510-0000-0040
RE NR, INC.
1053 MAITLAND CENTER COMMONS BLVD.
MAITLAND, FLORIDA 32751-3413
12-20-30-510-0000-0050
DONALD M. HANLEY
ALAN M. AHNLEY
50 KEYS AVE
SANFORD, FL. 32772-0674
12-20-30-510-0000-0110
TRSTE LLC, TRUSTEE
110 Keys Land Trust Dated Sept 29, 2020
924 W. COLONIAL DRIVE
ORLANDO, FL 32804-7314
12-20-30-510-0000-0070
KEMCO PROPERTIES, LLS
70 KEYS AVE.
SANFORD, FL 32773-6074
12-20-30-510-0000-0100
GEORGE R. GREENLEE TRUST
C/O WALMARK CORP.
101 W. BELVIDERE RD.
ROUND LAKE PARK, IL. 60073-3638
12-20-30-510-01300-0000
LAKE MARY COMMERCE CENTER MAINTENCE ASSOC.
1175 SPRING CENTRE SOUTH BLVD.
ALTAMONTE SPRINGS, FL. 32714-5000
12-20-30-3000-019E-0000
Baker Farms, Inc.
C/O Tax Department #32766
PO Box 711
Dallas, Tx 75221-0711
Sanford HerOd
Published Twice Weekly
Sanford, Seminole County, FL
STATE OF FLORIDA
COUNT' OF SENUNOLE
Before the undersigned authority personally appeared Scott Gabbey,
who on oath -says that he is the legal advertising specialist for Sanford
Herald, a twice weekly newspaper published by Sanford Herald, LLC
at Sanford, in Seminole County, Florida, that the attached copy of the
advertisement,
C
being a
w r
e matter of
in the Court,
was published in said newspaper in the issues of
10 _:�3-
Affiant further says that said Sanford Herald is a newspaper published
by Sanford Herald LLC at Sanford, in said Seminole County, Florida,
and that the. said newspaper has heretofore been continuously
published in said Seminole County, Florida, twice weekly and has
been entered as periodicals matter at the post office in Sanford, in said
Seminole County, Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement; and want
further says that he or she has neither paid nor promised any person,
firm or corporation any discount, rebate, commission or refund for the
purpose of se ring is advertisement lication in the said
newspaper.
(Signature of Affiant)
Sworn to and subscribed before me this
day of i2e1d_ , 20_Z3
(Sign ure of Notary Public)
Personally Known or Produced Identification f�
v--
�.,Y pj�0 Notary Public State of Florida
aQ °� Thomas E Vincent
r; < My Commission GG 309635
o7or �o�' Expires 0611212023
NOTICE OF COMMUNITY AWARENESS AND
PARTICIPATION MEETING
A Community'Awareness and Participation meeting will be held at
1:00 PM on June 12, 2023, at 103 Commerce Street, Lake Mary l .
Florida to discuss a project coming before the Sanford Clry
Commission known as Innovative Storage.
The Project Is 2.98 acres located at 7375 N. Ronald Reagan Blvd.
Sanford, Florida. The property Is located at the intersection of N.
Ronald Reagan Blvd and SR 417.
The Property is proposed for an indoor storage facility. The proper-
ty will be fenced, and access will be electronically controlled. The
Property is currently zoning classification is GC 2. The current lend
use is Industrial. The owner proposes to change the Zoning to
Industrial 1 restricted. Please see the attached conceptual site plan.
Interested parties are invited to attend and provide comments. In
addition, you may contact William E. Barfleid, Esq at
wbarfield@wbarlijeldlaw or at407-404-4432for information ortopro-
vlde comments.
i William E. Barfield, Esq.
I. Publish: May 24, 2023
E158
P-ZDEVELOPMENT
klihqs e r v i c e s
Date: 4/6/2022
To: City of Sanford Planning & Development Services
300 N Park Avenue
Sanford, FL 32771
RE: Rezone Request Justification Statement for Parcels 12-20-30-300-0200-0000 & 12-20-30-300-
020A-0000
To Whom It May Concern,
The property owners, Innovative Properties, LLC, are applying to rezone contiguous Parcels 12-20-30-
300-0200-0000 & 12-20-30-300-020A-0000 to RI -1, Restricted Industrial, zoning from the property's
current GC -2, General Commercial, zoning. The current future land use for this property is Industrial (1).
No adjustment to the future land use is requested on this property.
We believe this request is consistent with the City of Sanford's Comprehensive Plan, more specifically:
Policy FLU 1.1.2: Manage Future Land Use
o The policy advocates that the Future Land Use Map be applied as a planning and
management tool to prevent development of land uses which do not conform. This
rezone request is petitioning to change the current zoning from GC -2 to RI -1, which
aligns with the property's Industrial future land use designation.
Policy FLU 1.4.1: Industrial Land Use Designation
o This policy emphasizes that industrial uses should be strategically located and easily
accessible to air, rail, and highway transport facilities. This property abuts the SR 417
right-of-way (which exits onto N Ronald Reagan Blvd), it is in close proximity to another
major thoroughfare, Lake Mary Boulevard, as well as the Sanford International Airport
and CSX rail facilities.
o This policy also states that industrial uses should be buffered from residential
neighborhoods. This property is bounded to the west by the SR 417 right-of-way, to the
north by vacant land that is also zoned GC -2 with an industrial future land use, to east by
other industrial uses, and to the south by a stormwater pond. The nearest residentially
zoned properties are approximately 800' to the east-southeast on the other side of
existing industrial uses.
Policy FLU 1.4.2: Apply General Considerations for Locating Industrial Development
o The low number of daily trips generated by the proposed development will not strain
the existing transportation network, and the proximity of SR 417, Lake Mary Blvd, the
Sanford International Airport, and CSX facilities adhere to Section (a) of this policy,
708 E. Colonial Drive, Suite 100
Orlando, Florida 32803
Phone: (407) 271-8910
Fax: (407) 442-0604
Providing commercial development services with an emphasis on client satisfaction
www.zdevelopmentservices.com
FIA
7DEVELOPMENT
Z..z s e r v i c e s
o The previously mentioned surrounding land uses allow the development to adhere to
Section (c) of this policy, and
o The low utility demands for the development adhere to Section (e) of this policy.
Policy FLU 1.4.3: Maintain General Pattern of Industrial Land Use
o This policy advocates priority for industrial development in the evolving centers of major
industrial activity. This property is in one of these centers, specifically the airport and
airport environs, as evidenced by the contiguous clustering of industrial zoning and uses
found to the east of our project.
Policy LFU 1.4.5: Pursue Nuisance Abatement Standards and Criteria
This policy advocates for the clustering of industrial uses and their separation from
surrounding development to prevent nuisance impacts. As previously stated, this
property is buffered from non -industrial uses on all sides.
For these reasons, we believe this rezone request is consistent with the City's Comprehensive Plan and
should be granted. If you have any questions, concerns, or would like to discuss any aspect of the
project further, please do not hesitate to contact me via email(chris@zdevelopmentservices.com) or
phone (407-270-9784)
Sincerely,
6� -
Christopher Thompson, PE
708 E. Colonial Drive, Suite 100
Orlando, Florida 32803
Phone: (407) 271-8910
Fax: (407) 442-0604
Providing commercial development services with an emphasis on client satisfaction
www.zdevelopmentservices.com
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• •CITY OF
S ,
FLORIDA
CITY COMMISSION MEMORANDUM 23-155
AUGUST 28, 2023 AGENDA
W S _ RM X
Item No. '
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP, Director of Planning
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CMl;(:Ay2A4ana
SUBJECT: Rezone 2.92 acres from Genepl-CommercialGCS-2), to Restricted
Industrial (RI -1) at project address 7375 NortfiRonald Reagan Boulevard
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
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 2.92 acres from General Commercial (GC -2), to Restricted Industrial (RI -1)
at project address 7375 North Ronald Reagan Boulevard has been received.
The property owner is Innovative Properties, LLC. The Designated Agent is Christopher Thomson.
William E. Barfield, P.A., was responsible for completing the Citizens Awareness and
Participation Plan (CAPP) process. The two CAPP meetings were held on May 12, 2023 and June
12, 2023 and a copy of the report is attached, which has found to be satisfactory to the City.
The Affidavit of Ownership and Designation of Agent forms are attached and other information is
available in order to ensure that all potential conflicts of interests are capable of being discerned.
FISCAL/STAFFING STATEMENT:
The property owner, assessed tax value, total tax bill, and property status for 2022 is shown below:
Parcel Number
Property
Owner(2022)1---2(
Assessed Value
Tax Bill
0221
12-20-30-300-0200- 0000
Innovative
$419,342
$7,516.78
Properties, LLC
12-20-30-300-020A-0000
Innovative
$61,289
$1,098.62
Properties, LLC
The applicant is seeking to establish non -hazardous indoor storage, which will be fenced with
electronic access, with video monitoring. The proposed development will facilitate new non-
residential construction and generate additional tax revenue to the City.
BACKGROUND:
The 2.92 -acre site is currently located south of North Ronald Reagan Boulevard and east of State
Toll Road 417. The subject property is currently zoned General Commercial (GC -2) with a Future
Land Use of Industrial (I).
Currently, GC -2 Zoning is not an appropriate land use for the Industrial future land use. The
applicant's request to rezone to RI -1 will make the project parcels consistent with the underlying
Future Land Use.
Upon review of the request, staff has determined that the proposed rezone is compatible with the
surrounding uses and is consistent with the goals, objectives, and polices of the Comprehensive
Plan. The surrounding industrial and commercial uses around the site are consistent with a storage
facility. If approved, the proposed storage facility will increase revenue for the City of Sanford.
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 a permit or approval from any state or federal
agency unless the agency has issued a final agency action that denies the federal or state
permit before the municipal action on the local development permit.
(6) Issuance of a development permit or development order by a municipality does not create
any right on the part of an applicant to obtain a permit from a state or federal agency and does not
create any liability on the part of the municipality for issuance of the permit if the applicant fails
to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law. A municipality shall attach such
a disclaimer to the issuance of development permits and shall include a permit condition that all
other applicable state or federal permits be obtained before commencement of the development.
(7) This section does not prohibit a municipality from providing information to an applicant
regarding what other state or federal permits may apply."
The above -referenced definition of the term "development permit" is as follows:
"(16) 'Development permit' includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or any other official action of local government
having the effect of permitting the development of land." (Section 163.3164(16), Florida Statutes).
The term "development order" is defined as follows and, as can be seen, refers to the "granting,
denying, or granting with conditions [ofJ 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. 4747 on August 14, 2023.
The City Clerk published notice of the 2"d Public Hearing in the Sanford Herald on August 16,
2023.
RECOMMENDATION:
It is staff s recommendation the City Commission adopt Ordinance 4747.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4747."
Attachments: Project Information Sheet
Zoning Map
Site Aerial Map
Affidavit of Ownership
CAPP Package
Justification
Conceptual Plan
Ordinance No. 4747