4564 Rezone 11.38 acres 2150 Marquette Ave (denied/unsigned)Ordinance No. 2020-4564
An ordinance of the City of Sanford, Florida relating to
the rezoning of approximately 11.38 acres of real
property located at 2150 Marquette Avenue (Tax Parcel
Identification Number 08-20-31-301-0030-0000) to create
the Holm Real Estate Property Planned Development
(PD) (map of the property attached); rezoning the
property to a PD, zoning districticlassification master
plan; providing for approval of the Holm Real Estate
Property PD Master Plan; providing for the taking of
implementing administrative actions; providing for
conflicts; providing for severability; providing for non -
codification and providing for an effective date.
Whereas, Holm Real Estate, LLC, is the owner of certain real property which
land totals approximately 11.38 acres in size consisting of 5 vacant parcels, which real
property is located at 2150 Marquette Avenue and is assigned Tax Parcel Identification
Number 08-20-31-301-0030-0000 by the Property Appraiser of Seminole County; and
Whereas, the sole manager of Holm Real Estate, LLC is Eric A. Holm; and
Whereas, the applicant on behalf of the property owner is Thomas Daly of
Daly Design Group; and
Whereas, the property is located on the north side of Marquette Avenue
approximately 1,150 feet east of Ohio Avenue and 1,212 feet west of Red Cleveland
Boulevard; and
Whereas, the property is not within a Sub -Area established in the 2015
Seminole County/City of Sanford Joint Planning Agreement; and
Whereas, the City Commission enacted Ordinance Number 4401 amending
the City's Comprehensive Plan by changing the future land use designation for the
subject property from SE, Suburban Estates, to AIC, Airport Industry & Commerce, and
the property is assigned the AG, Agriculture, zoning district/classification under the
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City's Land Development Regulations (LDRs); and
Whereas, the AIC land use designation is used to implement high-intensity
mixed use land use policies for managing lands and the Orlando Sanford Airport and
adjacent lands capable of supporting a variety of residential properties and commercial
and industrial uses are assigned the land use designation and the uses allowed are
depicted in the following table:
; and
Whereas, the AIC land use designation is intended to encourage the
expansion of industrial land uses in areas where airport noise impacts will prohibit
residential development and provide additional areas for mixed-use development that
would be compatible with airport operations and the land use mix is intended to provide
a full range of urban services and facilities including: industrial and business parks,
office complexes, commercial and retail developments, service and hotel uses, and
medium to high density rental multifamily residential developments with all new
development shall be required to address infrastructure needs, provision of services,
development phasing, development intensity and land use compatibility as part of an
integrated design scheme which includes very detailed strategies and techniques for
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DENSITYANTENSITY (MAXIMUM)
LAND USE
MAP
SYMBO
PERCENTAGE DISTRIBUTION (MINIMAX)
DESIGNATIONS
L
COMMERCIAL
INDUSTRIAL
RESIDENTIAL
50 du/acre
Mixed
Airport Industry &
1.0 FAR
1.0 FAR
(MF)
1 du/acre
Use
AIC
25% /75%
50% / 75%
Districts
Commerce
SF
( )
0%/10%
; and
Whereas, the AIC land use designation is intended to encourage the
expansion of industrial land uses in areas where airport noise impacts will prohibit
residential development and provide additional areas for mixed-use development that
would be compatible with airport operations and the land use mix is intended to provide
a full range of urban services and facilities including: industrial and business parks,
office complexes, commercial and retail developments, service and hotel uses, and
medium to high density rental multifamily residential developments with all new
development shall be required to address infrastructure needs, provision of services,
development phasing, development intensity and land use compatibility as part of an
integrated design scheme which includes very detailed strategies and techniques for
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resolving development impacts; and
Whereas, the subject property has been used by a landscape contractor for
the purposes of storing and maintaining equipment associated with the landscape
contracting business with the proposed use being for a roof truss business and only
being used for the storage of truss materials that will be distributed from the site within
the Central Florida region; and
Whereas, the City's Planning and Zoning Commission (P&ZC), as the City's
local planning agency, held a public hearing on August 6, 2020 to consider amending
the zoning district/classification assigned to the property and recommended approval of
the proposed PD for the subject property as requested by the Property Owner; and
Whereas, the Citizen's Awareness Participation Plan (CAPP) requirements of
the City relative to the proposed PD rezoning action set forth herein have been met by
the applicant to the satisfaction of the City and the CAPP procedures of the City have
been adhered to and honored with the applicant holding a CAPP meeting on April 1,
2020 with a CAPP report summary (no comments received) being provided to the City it
begin noted that, due to the COVID-19 pandemic, the applicant completed a modified
CAPP process with notification being provided to all property owners/stakeholders
located within 500 feet of the subject property; 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 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
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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
PD rezoning action set forth herein is consistent with the City's Comprehensive Plan
and the controlling provisions of State law; and
Whereas, the pertinent goals, objectives and policies of the Comprehensive
Plan support the approval of the Holm Real Estate Property PD rezoning action set
forth herein; 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;
and
Whereas, the City Commission of the City of Sanford has taken all actions
relating to the Holm Real Estate Property 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, as legislative findings and intent, the above recitals
(whereas clauses) and the City staff report and City Commission agenda memorandum
relating to the Holm Real Estate Property PD rezoning action set forth herein.
(b). The approval set forth in this Ordinance is subject to the specific
conditions that are set forth subsequently in this Ordinance and the Property Owner has
agreed that no requirement herein lacks an essential nexus to a legitimate public
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purpose and is not roughly proportionate to the impacts of the proposed use that the
City seeks to avoid, minimize, or mitigate.
Section 2. Rezoning of real property/implementing actions; Holm Real
Estate Property PD.
(a), Upon enactment of this Ordinance the property, as depicted in the map
attached to this Ordinance shall be rezoned from the zoning classification resulting from
a separate and distinct Holm Real Estate Property PD consistent with the provisions of
this Ordinance.
(b). The City Manager, or designee, is hereby authorized to execute any
documents necessary to formalize approval of the Holm Real Estate Property PD
rezoning action set forth herein action taken herein with regard to the Holm Real Estate
Property 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.
(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 Land Development Code of
the City of Sanford, this Holm Real Estate Property PD rezoning action set
forth herein shall expire 3 years from the effective date of this Ordinance if
all improvements have not been completed or an extension granted.
(2). All development shall be generally consistent with the Holm
Real Estate Property Master Plan, received March, 2020 by the City, as
determined by City staff, unless otherwise specifically set forth in any
associated development order; provided, however, that all subsequent
development orders shall be consistent with the provisions of this
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Ordinance.
(3). All land use activities conducted on site shall be limited to
business and professional office and outdoor storage of roof trusses in
locations identified on the PD Master Plan dated March, 2020.
(4). All heavy vehicle traffic (including, but not limited to,
transport of roof trusses) to and from the site must use the eastern access
route using Red Cleveland Boulevard as presented in the Traffic
Statement filed with the City by the applicant.
(5). The Property Owner shall coordinate with Seminole County
regarding any improvements to Marquette Avenue and provide adequate
documentation of such action to the City.
(6). The existing vegetated buffers on the north and south
property lines shall remain; exiting vegetation shall be properly maintained
and replaced as necessary.
(7). A site plan, including, but not limited to,
landscaping/irrigation, meeting the requirements of the LDRs shall be
submitted and be subject to approval by the City staff prior to any
construction on the property occurring.
(8). All required building permits and site development permits, if
required, shall be obtained prior to any work being performed with all such
permits shall be subject to the controlling provisions of law applicable
thereto and the fee schedule associated therewith.
(9). The facilities located on the property shall operate in
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compliance with all applicable governmental laws, rules, regulations,
codes and ordinances including, but not limited to, those governing noise,
air and water quality.
(10). A minimum landscape buffer of 25 feet which shall be
installed along Marquette Avenue right of way.
(11). The height of the outdoor storage located within the front
yard as shown on the PD Master Plan dated March, 2020 shall not
exceed the height of the wall.
(12). The height of the outdoor storage in all other open areas
identified on the PD Master Plan dated March, 2020 shall not exceed 15
feet in height.
(13). Outdoor storage is prohibited and unlawful in the landscape
buffers.
(14). Unless specifically requested and approved on the
referenced PD Master Plan, any required elements missing from or not
shown on the PD Master Plan shall comply with the City's LDRs.
(15). If City staff and the Property Owner is unable to agree to
the details of these conditions, in any way, the matter will be
submitted to the City 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 without a
recommendation being provided by the Planning and Zoning
Commission..
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Section 3. Incorporation of map and Holm Real Estate Property PD
Master Plan.
The map attached to this Ordinance is hereby ratified and affirmed and
incorporated into this Ordinance as a substantive part of this Ordinance amending the
Holm Real Estate Property PD.
Section 4. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed. City staff shall harmonize the approval and actions set forth herein together
which those taken relative to the Halm Real Estate Property PD with all past actions of
the City relative to the property being hereby ratified and affirmed.
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 be not be codified in the City Code of the City of
Sanford or the Land Development Code of the City of Sanford; provided, however, that
the actions taken herein shall be depicted on the zoning maps of the City of Sanford by
the City Manager, or designee.
(b). The City Manager, or designee, shall implement the provisions of this
Ordinance by means of a non -statutory development agreement which shall be
executed by the Property Owner, or their successor(s) in interest within 60 days of the
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effective date of this Ordinance or the Holm Real Estate Property PD property's zoning
classification shall revert to an un -zoned property status.
Section 7. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this day of 12020.
Attest:
Traci Houchin, MMC, FCRM
City Clerk
Approved as to form and legal sufficiency.
William L. Colbert, City Attorney
City Commission of the City of
Sanford, Florida
Art Woodruff
Mayor
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