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HomeMy WebLinkAbout4790 FLU 6.16 Acres - 4060 East State Road 46Ordinance No. 2024-4790 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 6.16 acres in size, owned by Takvorian Properties LLC (Tax Parcel Identification Number 34-19-31- 300-003C-0000), said property being addressed as 4060 East State Road 46; providing for the future land use designation to be amended from Commercial (COM) (Seminole County) to General Commercial (GC) (City); providing for legislative findings and intent; providing for assignment of the land use designation for the property; 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 an effective date. Whereas, the fee simple title owner of the real property that is the subject of this Ordinance is Takvorian Properties LLC (the "Property Owner"); and Whereas, the subject real property is assigned Tax Parcel Identification Number 34-19-31-300-003C-0000, as assigned by the Seminole County Property Appraiser; and Whereas, the subject real property is a site 6.16 acres in size and is addressed as 4060 East State Road 46 and located on the north side of State Road 46 and approximately 283 feet west of its intersection with East Lake Mary Boulevard; and Whereas, a Citizens Awareness and Participation Plan (CAPP) meeting was held on May 15, 2024, and a copy of the CAPP report was provided to the City, which report has been found to be satisfactory to the City; and Whereas, the applicant's request is to amend the for the subject property from Commercial (COM) (Seminole County) to General Commercial (GC) (City); and Whereas, the Property Owner also has submitted a companion application to rezone the subject property from Retail Commercial (C-2) (Seminole County) to General g e Commercial (GC -2) (City); and Whereas, the City of Sanford's Planning and Zoning Commission, as the City's local planning agency, held a public hearing on June 6, 2024, to consider amending the Future Land Use Map of the Future Land Use Element of the City of Sanford Comprehensive Plan and recommended approval of the proposed Future Land Use Map amendment to the Comprehensive Plan for the subject property; and Whereas, Section 163.3187, Florida Statutes, relates to the amendment of adopted local government comprehensive plans and sets forth certain requirements relating to small scale amendments, and which are related to proposed small scale development activities and provides, among other things, that such amendments may be approved without regard to statutory limits on the frequency of consideration of amendments to the City of Sanford Comprehensive Plan; 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 163.3187, Florida Statutes; and Whereas, the City of Sanford has complied with Florida's Community Planning Act which was amended during the 2021 Legislative Session by the passage of Committee Substitute for Committee Substitute for Committee Substitute for House Bill Number 59 (initially codified as Chapter Number 2021-195, Laws of Florida) to require every city and county within the State "to include in its comprehensive plan a property rights element" (Section 163.3177(6)(i)l, Florida Statutes). Now, therefore, be it enacted by the People of the City of Sanford, Florida: Section 1. Legislative Findings and Intent. (a). - The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. (b). The City Commission of the City of Sanford adopts the recitals (whereas clauses) of this Ordinance as legislative findings. (c). This Ordinance is internally consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford and the proposed Comprehensive Plan amendment does not trigger any urban indicators and adoption of this amendment will discourage the proliferation of urban sprawl within the City of Sanford. Section 2. Amendment to Future Land Use Map; Incorporation of Maps, Sketches and Legal Descriptions. (a). The Future Land Use Plan Element of the Comprehensive Plan of the City of Sanford and the City's Future Land Use Map is hereby amended by changing the future land use designation from Commercial (COM) (Seminole County) to General Commercial (GC) (City) regarding the real property which is the subject of this Ordinance as set forth herein. (b). The property which is the subject of this Comprehensive Plan amendment is assigned Tax Parcel Identification Number 34-19-31-300-003C-0000 by the Seminole County Property Appraiser. (c). Any maps, sketches and legal descriptions attached to this Ordinance are hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance, but the land which is the subject of this Ordinance consists of Tax 3 I ,-. Ude Parcel Identification Number 34-19-31-300-003C-0000 as assigned by the Seminole County Property Appraiser. 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. Ratification of Prior Actions. The prior actions of the City Commission and its agencies in enacting and causing amendments to the Comprehensive Plan of the City of Sanford, as well as the implementation thereof, are hereby ratified and affirmed. Section 5. 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 validity or effect of any other action or part of this Ordinance. Section 6. Conflicts. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. Scrivener's Errors. Typographical errors and other matters of a similar nature that do not affect the intent of this Ordinance, as determined by the City Clerk and City Attorney, may be corrected with the endorsement of the City Manager, or designee, without the need for a public hearing. 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. 41 P a a e Section 9. Effective Date. The small scale Comprehensive Plan amendment set forth herein shall not become effective, in accordance with Section 163.3187(5)(c), Florida Statutes, until 31 days after the enactment of this Ordinance. If challenged within 30 days after enactment, the small-scale amendment set forth in this Ordinance shall not become effective until the State land planning agency or the Administration Commission, respectively, issues a final order determining that the subject small-scale amendment is in compliance with controlling State law; provided, however, that this Ordinance shall not take effect until the annexation ordinance annexing the property that is the subject of this Ordinance is final. Passed and adopted this 8th day of July, 2024. Attest: By: r,3110'� `'�'�-00A .mt (�� o� Traci Houchin, MMC, FCRM City Clerk Approved as to form and legal yfI A)UVBl 0 VU7)U Wil ' olbert, Esquire 'City Attorney 1-4 tJtj Aea City Commission of the City of Sa By: &C Art Mayor .. E�t. 51 P a g U FLORIDA Business Impact Estimate This form should be included in agenda packet for the item under which the proposed ordinance is to be considered, and must be posted on the City's website by the time notice of the proposed ordinance is published. Comprehensive Plan Amendment of the Future Land Use Map designation of 4060 East State Road 46: The City is of the view that the following exception(s) to the Business Impact Estimate requirement, that are checked off in a box below, apply to the above -referenced proposed ordinance. Although, the City is implementing the procedure required by statutory law to ensure that no inadvertent procedural issue could impact the enactment of the proposed ordinance. ❑ The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant, or other financial assistance accepted by the ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or 0 The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 11 Page In accordance with the provisions of controlling law, even notwithstanding the fact that, an exemption noted above may apply, the City hereby publishes the following information: 1. Summary of the proposed ordinance (must include_ statement of the _public purpose, such as serving the public health, safety, morals, and welfare): The proposed ordinance is intended to incorporate the subject property into the City of Sanford in order to obtain water and sewer for commercial purposes including fast food restaurants. The proposed uses will have a an impact. 2. Estimate of direct economic impact of the proposed ordinance on private, for-profit businesses in the City: When incorporated into the City, the property will be assed the City of Sanford Millage rate and will result in additional Revenue to the City. 3. Estimate of direct compliance costs that businesses may reasonably incur: The applicant will be responsible for all permitting fees. 4. Any new charge or fee imposed by the proposed ordinance: When annexed into the City, the property will be assessed the City of Sanford Millage rate in addition to the County Taxes. 5. Estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to cover such costs: It is impossible to quantify any potential regulatory costs of the proposed development. 6. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: It is unknown if any businesses will be impacted by the development of the site. 7. Additional information Not applicable. 30 133NS 1503 t£ 30NV8 dIHSNM01 HinOS 6!duNVNH N0103S LL°BT06'Ler vH .ueyd ssLrc Yo�ov •ewrxYP •WI mm 'u3ws seroH loc rLu s, Houma u+sm so aY�uubn 18 i '6ultltleW g 6wAan ng S g°t5 qH KNiYH1593b YQ2tlU AS'd NY.. 0.. "�Isstaz 3w awxYlro snross3a 000'9ZOCZ 839WnN S& i R@ R."11,110, 1111H. S9Si tleRd,`9�6 pQ9 ly iRB9 ii � i1 R."193t R11H. 11R$Y 4�IR�aCis aR a--rrEms lxaa30000 tz.-Iz..t.. 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Bonaparte, Jr., ICMA-CM, City Manager SUBJECT: Amend the Future Land Use from Commercial (COM) (Seminole County) to General Commercial (GC) (City of Sanford) on 6.16 acres at project address 4060 East State Road 46. STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: A request to amend the Future Land Use from Commercial (COM) (Seminole County) to General Commercial (GC) (City of Sanford) on 6.16 acres located at 4060 East State Road 46 has been received. The property owner is Takvorian Properties LLC Inc whose manager is Theodore Takvorian. Alex Mestdagh P.A. has made an application on behalf of the property owner. A CAPP (Citizens Awareness and Participation Plan) meeting was held on May 15, 2024, 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 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 2024 is shown below: Parcel Number Property Assessed Value Tax Bill (2024) Owner 2024 Takvorian 34-19-31-300-003C-0000 Properties $1,651,165 $1,259 LLC The applicant is seeking to establish fast food and quick service restaurants on the property. The proposed development will facilitate new non-residential construction and generate additional tax revenue to the City. BACKGROUND: The 6.16 -acre site is located on the north side of State Road 46 and approximately 283 feet west of its intersection with East Lake Mary Boulevard. The subject property is currently zoned Retail Commercial (C-2) (Seminole County) with a Future Land Use Designation of Commercial (COM) (Seminole County). The site currently retains its Seminole County Future Land Use designation, pending approval of this requested future land use map amendment to incorporate the subject property into the City of Sanford's Comprehensive Plan. The applicant is requesting a Small -Scale Comprehensive Plan Amendment to change the Future Land Use map designation from Seminole County's (COM) to City of Sanford's GC. The applicant also has submitted a companion application to rezone the subject property from Retail Commercial (C-2) (Seminole County) to General Commercial (GC -2) (City of Sanford). Comprehensive flan Review Staff has outlined relevant Goals, Objectives, and Policies (GOP's) that support the proposed land use amendment: Goal FLU 1 Manage Land Use Distribution and Provision of Services and Facilities. The City shall promote an orderly distribution of land uses in an economically, socially, and environmentally acceptable manner while ensuring the adequate and timely provision of services and facilities to meet the needs of the current and projected populations. The proposed amendment is consistent with the Goal FLU 1 as it helps ensure that land uses are located in a rational and efficient manner to promote economic development. The requested ficture land use is GC, which is appropriate and consistent for the site given the emerging pattern of development. The trend in development in the area has proven a need for commercial services, which is also called out in the JPA. Objective FLU 1.1: Implement the Future Land Use Map Series. The City shall adopt and implement the Future Use Map (FLUM) series in the Future Land Use Element goals of the Comprehensive Plan. 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 Commercial GC 0.50 F.A.R. 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 FLU1.1.7. 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 1.3.2: Concentrate Pattern of Commercial Land Use. In order to promote efficient flow of traffic along major thoroughfares cited in the Transportation Element, achieve orderly development, and minimize adverse impact on residential quality, commercial development shall be concentrated in strategically located areas having location characteristics which best accommodate specific land, site, public facilities and market location requirements of the respective commercial uses. Joint Planning Agreement Per Exhibit B of the 2015 City of Sanford/Seminole County Joint Planning Agreement (JPA), the GC designation is equivalent to the COM designation. Exhibit B describes equivalent future land use designations in the City and the County Comprehensive Plans. The designations have been deemed equivalent due to their similar intensities and densities of allowable development. The applicant has submitted a request to amend the future land use map designation from COM (Seminole County) to GC (City of Sanford) on 6.16 acres for the purpose of establishing a warehouse, office, with outdoor storage. Per Exhibit D, the subject property is within Sub -Area 2 of the JPA which states: Proposed densities exceeding those established in the Seminole County Comprehensive Plan shall require a future land use amendment in full compliance with the Plan Amendment Standards of Review as provided in the Future Land Use Element. By consensus of the County and City, Planning Area 2 has been reconfigured and designated by the County as the Riverbend Planning Area and is presumed to be more urban in character than surrounding properties. Accordingly, new residential development in this area may be considered for a maximum of ten dwelling units per net buildable acre from SR 46 north to a line parallel to Hughey Street, and four dwelling units per net buildable acre from said line parallel to Hughey Street north to Celery Avenue. Nonresidential development shall be consistent with maximum floor area ratios established through applicable future land use designations. Individual development applications shall be evaluated on their own merits through the appropriate processes; no specific entitlements shall be conferred through this Agreement. The two lots lying south of Celery Avenue and on either side of Beardall Avenue (TI and T2 on Exhibit D) may be allowed to function as transitional nonresidential uses between Celery Avenue and the existing industrial property to the south. Transitional nonresidential uses and/or mixed-use development may also be considered along the frontages of SR 46 and SR 415 to form a node of higher intensity development around the intersection of the two roads. East Lake Mary Boulevard Small Area Study Per the recently adopted East Lake Mary Boulevard Small Area Study, which was developed in partnership with Orlando Sanford International Airport OSIA and Seminole County, the subject site is in an area identified as the Crossroads Commercial Corridor. This district covers State Road 46 / E. Lake Mary Boulevard intersection and adjacent properties within the study area fronting on these two regional roadways. This district is intended to provide a commercial node that serves the eastern part of Sanford, as well as regional traffic on State Road 46. The district further identifies the following preferred uses: Arterial Commercial, General Commercial, and Specialty Commercial Uses. The proposed land use amendment will facilitate the development of future commercial activities which contribute to the economic development of the City. Upon review of the request, staff has determined that the proposed amendment is compatible with the surrounding uses and consistent with the goals, objectives, and policies of the Comprehensive Plan, JPA, and East Lake Mary Small Area Study. The subject site is in an established commercial corridor along State Road 46. The proposed commercial uses will increase revenue to the City of Sanford. LEGAL REVIEW: This matter is not a quasi-judicial matter as amendments to local government comprehensive plans are legislative in nature. If a proposal to amend the City's Comprehensive Plan is to be recommended for denial, it would be appropriate to state the reason for such a recommendation to be considered by the City Commission - such as the proposal is internally inconsistent with a goal, objective or policy of the Comprehensive Plan or inconsistent with controlling State law or the like. When lands are subject to the provisions of the City/County JPA; the City is bound to adhere to the provisions of the JPA. Also, Section 171.062, Florida Statutes, pertaining to the effects of annexations or contractions, anticipates that cities will expeditiously incorporate annexed properties into their comprehensive plans and land development regulations upon being located within the city limits of the annexing municipality. The City Commission approved the first reading of Ordinance No. 2024-4790 on June 24, 2024. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on June 26, 2024. RECOMMENDATION: Staff finds that the small-scale land use amendment is appropriate and suitable for the subject site and is compatible with the surrounding land uses and is consistent with the City of Sanford Comprehensive Plan, Joint Planning Agreement, East Lake Mary Small Area Study, and Chapter 163 of Florida Statutes. At the June 6, 2024, Planning and Zoning Commission meeting per the recommendation of Staff, the Planning and Zoning Commission recommended the City Commission adopt Ordinance No. 2024-4790, to amend the Future Land Use from Commercial (COM) (Seminole County) to General Commercial (GC) (City of Sanford) on 6.16 acres at project address 4060 East State Road 46. Additional comments or recommendations may be presented by staff at the meeting. SUGGESTED MOTION: "I move to adopt Ordinance No. 2024-4790." Attachments: 1. Project Information Sheet 2. CAPP Meeting Report 3. Affidavit of Ownership 4. Aerial Map 5. CPA Map 6. Ordinance No. 2024-4790 PROJECT INFORMATION -- 4060 EAST STATE ROAD 46 l i ti COMPREHENSIVE PLAN AMENDMENT Requested Action: A Comprehensive Plan Amendment to change the future land use map designation of 6.16 acres at project address 4060 East State Road 46 from Commercial (COM) (Seminole County) to General Commercial (GC) (City of Sanford). Proposed Use: Drive Through Restaurant and Quick Service Restaurants Project Address: 4060 East State Road 46 Current Zoning: Retail Commercial (C-2) Proposed Zoning: General Commercial (GC -2) Current Land Use: Grazing Land Tax Parcel Number: 34-19-31-300-003C-0000 Site Area: 6.16 Acres Property Owner: Takvorian Properties LLC 66 Moore Street, Suite 303 Hackensack, NJ 07601 Applicant/Agent: Mestdagh, Wall and Hamilton, P.A. 280 West Canton Avenue, Suite 110 Winter Park, FL 32789 Email: Alex@m-lawfirm.com CAPP Meeting: A CAPP meeting was held on May 15, 2024 Commission District: District 1— Commissioner Sheena Britton CKO 17:70 1D1010L 02-2WVE41131 1-9MO [o1 O.7AVIB►I.'I 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: Commercial (COM) Proposed Future Land Use: General Commercial (GC) Existing Land Use: Grazing Land NGI INVESTMENTS 11066 Ullswater Lane Windermere, Florida 34786 May 17, 2024 RE: Citizens Awareness and Participation Plan 4060 E State Road 46, Sanford, FL 32771 Annexation, Rezone and Comp Plan Amendment To Whom It May Concern: 1. Overview On May 15, 2024, a Neighborhood Meeting was held at the Ritz Theater at the address of 201 Magnolia Avenue, Sanford FL 32771, to discuss the annexation, rezoning, and land use change of the property located at 4060 E State Road 46, Sanford, FL 32771 (the "Property"), in addition to the intended development of two acres of the Property comprising of potential quick service restaurant use and retail use. The meeting was required as part of the Citizens Awareness and Participation Plan ("CAPP"). The Seminole County Property Appraiser parcel identification number of the Property is 34-19-31-300-003C-0000. 2. List of Meeting Invites A list of affected parties notified of the proposed project who were invited to attend the neighborhood meeting is set forth in the attached Appendix A. Such parties included property owners within a five hundred (500) square foot radius of the Property and those parties having an interest in the proposed project, including the City of Sanford. The meeting notices were mailed two (2) weeks prior to the neighborhood meeting date. 3. Meeting Notice A copy of the meeting notice is set forth in the attached Appendix B. 4. Date & Location of Meeting Wednesday, May 15, 2024, from 10:00am to 12:00pm. 201 Magnolia Avenue, Sanford, Florida 32771 5. Meeting Attendance One (1) member of the public attended the neighborhood meeting, not including the Applicant, NGI Investments, or City of Sanford staff: Neucon, LLC Adjacent property owner at 4120 E SR 46, Sanford, FL 32771 6. Summary of Concerns Neucon, LLC, the owner of the adjacent property in which a 7 -Eleven gas station operates on the corner of SR 46 and East Lake Mary Blvd, requested to review the conceptual site plan and inquired about its potential users. These concerns were adequately addressed during the meeting. City of Sanford May 17, 2024 Page 2 City of Sanford May 17, 2024 Page 3 APPENDIX B City of Sanford Comprehensive Plan Amendment Site: 4060 East State Road 46 Parcel(s): 34-19-31-300-003C-0000 Proposed Future Land Use: General Commercial (GC) 2.03 Acres Existing Land Use Current Future Sanford Future Seminole County Existing Land Use Land Use Land Use [_f Agriculture Seminole County Airport Industry & (--! Commercial Current Future Land Commerce General Commercial 0 Industrial Use � Industrial (� Public - Other City KLONDIKE PLACE Residential -Single Family i� Commercial Commercial - Vacant l� Industrial J 0 Other Vacant Planned Development m 0 Residential - Vacant Right of Way LL Sanford Current 46 Future Land Use LU Airport Industry & Z a Commerce z �� - General Commercial w 0 Industrial w �Q Existing Land Use w-- w . O -- 0.x:3 KLONDIKE PLACE KLONDIKE PLACE J m LL 46 LU Z a z �� - w w �Q I` Current Future Land Use F KRUGER o a O RAND �.rn a• COVE 3 A U' KLONDIKE PLACE J m LL 46 g LU M Z Z 0 w �Q Q Proposed Future Land Use v KRUGER 6 —i2AMp o:a k'•;�COVE t2U Fa PLACE m LL 46 S w z j a z LU LU XI BLUEIR 71 TWIN: FLOWER LANE I Lx. L 711. PIPE DOWN COVE OL ILI) Site 4060 East State Road 46 34-19-31-300-003C-0000 ��­70 ale ARM A&; Site 4060 East State Road 46 34-19-31-300-003C-0000 ��­70 ale ;off+�Eo� fib • AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below: I. Ownership 1 TAKVORIAN PROPERTIES, LLC hereby attest to ownership of the property described below: Tax Parcel Number(s): 34-19-31-300-003C-0000 Address of Property: 4060 E SR 46 SANFORD FL 32771 for which this Annexation, Rezoning, and Comprehensive Plan Amendment application is submitted to the City of Sanford. If. 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 belo to represent me, or my company, I attest that the application is made in good faith and that all information contained in application is accurate and complete to the best of my personal knowledge. Applicant's Agent (Print): Mestdagh, Wall & Hamilton, P.A. Signature: Agent Address: 280 W Canton Avenue, Suite 110, Winter Park. FT. 32789 Email: Alexna m-wlawfirm.com Phone: (407) 702 - 6702 Fax: Ill. Notice to Owner A All changes in Ownership and/or 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. (Le.: 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 o Partnership V.imited 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. 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 emporation'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: Owner: Owner: Purchaser: CITY OF SkNFORD PLANNING & DEVELOPMENT SERVICES DEPARTMENT 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: TAKVORIAN PROPERTIES, 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: SAIBABA OF ORLANDO INC, a Florida corporation Date of Contract: 12/27/2023 NAME TITLE/OFFICEITRUSTEE OR BENEFICIARY ADDRESS % OF INTEREST Theodore S. Takvorian Manager 66 Moore St, Ste 303, Hackensack, NJ 07601 50% Ann Takvorian Manager 66 Moore St, Ste 303, Hackensack, NJ 07601 50% HARESH KARAMCHANDANI PRESIDENT 11066 ULLSWATER LN, WINDEFMt ERE, FL 34786 100% (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- toany- action being.taken by the City -as -to the mafter. relative -to -which this document pertains. - 8. 1 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. �}-/�„��� G•Y W �r.� � ,�ljJ"I IJ�- /41 Date Owner, Agent, Applicant Signature 61r STATE OF FLORIDA) COUNTY OF SEMINOLE } I HEREBY C RTIFY that on this day, befo me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared tX&J`% rc {, who is personally known to me or { ) who produced as identification and acknowledged before Me that s/he executed the same. Sworn and subscribed before me, by by means of (physical presence or { } online notarization on the 1? day of JCLiti 2024, the said person did take an oath and was first duly swom by me, on oath, said person, further, deposing and saying that 9fhe has read the foregoing and that the statements and allegations contained herein are true and correct. 20 WITNESS my hand and official seal in the County and State last aforesaid this 1-7 day of �an X920. Notary Public; State of Florida ... RES (Affix Notarial Seal] , .�,J .r�, i t ►d'•.. ELIZABETH TORof Printed Name: &rZCt_6`f ', 1 "res ?Q � Notary Public - state of Florida I a p. Commission 4 HH 204316 My Comm. Expires Dec 5, 2025 Bonded through National Notary Assn. Affidavit of Ownership - Fobruary 2020 C s.p< Ra®m a no< i m pp I • �R I S s p g g < - �8 w g�:oa R 6 6" Y 3 t �a llo � i \ i e�8-...... , dz5•c ,.. 560,10 1 I .I $ I 7 I Eg i 1 R a 4 i I R 1 1 I 1 I i I 1 1 I i J i i i Br I I i 1 1 1 I i STATE ROAD 415 (E. 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NW SiRf£T, SDI2 106, OANtANO, ROPoDA J<J60 '� Pnm<N<. +o>.sos.een 31 EAST NGI INVESTMENTS 11066 Ullswater Lane Windermere, Florida 34786 April 30, 2024 HPA Borrower 2016-1 LLC 120 S Riverside Plz Ste 2000 Chicago, IL 60606-3913 Re: 4060 E State Road 46, Sanford, FL 32771 Annexation, Rezone and Comp Plan Amendment Dear Current Property Owner: We invite you to a neighborhood meeting to review and discuss the annexation, rezoning and change of land use of 6 acres located at 4060 E State Road 46, Sanford, FL 32771 (the "Subject Properly"). NGI Investments seeks to annex the Subject Property from Seminole County into the City of Sanford. And change the current county zoning of C-2 Retail Commercial to the corresponding City zoning of GC -2 General Commercial. With respect to the land use, it would change to the City's comp plan land use from Seminole County COM Commercial to Sanford GC- General Commercial. With respect to 2 of the 6 acres fronting State Road 46, labeled as "Site" on the map below, such 2 acres are intended to be developed into two out parcels for retail retain use, including potentially quick service style restaurants with a drive through and traditional retail use. Below is a preliminary conceptual site plan for the two parcels as shown Exhibit "A", attached hereto. The neighborhood meeting will provide the local community with an opportunity to discuss the proposed annexation, rezone and comp plan amendment of the Subject Property, and the potential uses for the two acres and for us to answer any questions you may have in connection with these things. All are welcome. If you are unavailable to attend but have questions to ask or comments to provide, please email those questions or comments to Alexandre M. Mestdagh at alexAm-wlawfirm.com; or to Harry Kaye at hgrUkUeAaol.com. The meeting will be held at the following location and time: LOCATION: The Ritz Theater 201 Magnolia Avenue Sanford FL 32771 DATE: Wednesday, May 15, 2024 TIME: 10:00am - 12:00pm Sincerely, NGI INVESTMENTS f+awv 6Y, Harry Kaye, President f�✓ j.4 :4��' .i4... .:1� 13F 9rp N ' a JIM •I 7 II: b Seminole County April 30, 2024 Page 2 Preliminary Conceptual Site Plan for the 2 acres j� IL WEI I w ! w�" -- t v onr i � 1 Zt 1 4 t j j ij$WIM H,...� �!SIGN z c �l p- •�-- ^r- STATE AOA; <S a �. . ]IEcT IQ CA