HomeMy WebLinkAbout4791 Rezone 6.16 Acres - 4060 East State Road 46Ordinance No. 2024-4791
An ordinance of the City of Sanford, Florida providing for the
rezoning of certain real property, approximately 6.16 acres in size,
owned by the Takvorian Properties LLC Inc (Tax Parcel Identification
Number 34-19-31-300-003C-0000) by the Seminole County Property
Appraiser which property is located within the Sanford City Limits
addressed as 4060 East State Road 46 (map of the property is
attached) from Retail Commercial (C-2) (Seminole County) to General
Commercial (GC -2) (City); providing for findings and intent;
providing for the taking of implementing administrative actions;
providing for the adoption of a map by reference; providing for
conflicts; providing for severability; providing for non -codification
and providing for an effective date.
Whereas, an application has been submitted proposing to rezone 6.16 acres
of real property generally addressed as 4060 East State Road 46 (the "Subject
Property") from the
Retail
Commercial (C-2) (Seminole
County)
zoning
district/classification to
the
General Commercial (GC -2)
(City)
zoning
district/classification; and
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 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 Property 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 City's Planning and Development Services Department 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 Land Development Regulations
(LDRs), and the controlling provisions of State law; and
Whereas, the City's Planning and Development Services Department has further
reviewed and found the rezoning action of this Ordinance to be consistent with the
recently adopted East Lake Mary Boulevard Small Area Study, which was developed in
partnership with the Sanford Airport Authority (Orlando Sanford International Airport)
and Seminole County (with which the City has entered a Joint Planning Agreement), and
the subject property is in an area identified as the Crossroads Commercial Corridor
which district covers the State Road 46/East Lake Mary Boulevard intersection and
adjacent properties within the study area fronting on these 2 regional roadways and is
intended to provide a commercial node that serves the eastern part of Sanford, as well
as regional traffic on State Road 46 while identifying the following preferred uses: arterial
commercial, general commercial and specialty commercial uses; and
Whereas, the City of Sanford Planning and Zoning Commission considered the
rezoning application submitted by the Applicant at its June 6, 2024 meeting and
recommended that the City Commission adopt an ordinance to rezone the Subject
Property from the Retail Commercial (C-2) (Seminole County) zoning
district/classification to the General Commercial (GC -2) (City) zoning
district/classification based on the request being consistent with the goals, objectives
__ _ _2IPa-e
and policies of the City's Comprehensive Plan; and
Whereas, the City planning and development staff have determined that the
-rezoning request is consistent withtheunderlying land use and the goals andobjectives
of the Comprehensive Plan and recommend approval of this Ordinance; and
Whereas, the City Commission has determined that the proposed rezoning of the
Subject 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;
M
Whereas, the City Commission of the City of Sanford, Florida has taken all
actions relating to the rezoning action set forth herein in accordance with the
requirements and procedures mandated by State law.
Now, therefore, be it 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 of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(c). This Ordinance is consistent with the goals, objectives and policies of the
Comprehensive Plan of the City of Sanford.
Section 2. Rezoning of Properties/Implementing Actions.
(a). Upon enactment of this Ordinance, the Subject Property, as depicted in the
sketches and legal descriptions attached to this Ordinance (Tax Parcel Identification
Number 34-19-31-300-003C-0000) is hereby rezoned from the from the Retail
Commercial (C-2) (Seminole County) zoning district/classification to the General
Commercial (GC -2) (City) zoning district/classification.
(b). The City Manager, or designee, is hereby authorized to execute any
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 and as set forth herein.
(c). No additional standards or conditions can be placed upon this type of
rezone, as the rezone is determined to be consistent with the underlying land use and
the goals and objects of the City's Comprehensive Plan.
(d). 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 Sketches and Legal Descriptions. The
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.
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
41 P a g e
other section, sentence, phrase, word, or portion of this Ordinance not otherwise
determined to be invalid, unlawful, or unconstitutional.
Section 6. Non -Codification; Implementation. 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.
Section 7. Effective Date. This Ordinance shall take effect immediately
upon enactment.
Passed and adopted this 8th day of July 2024.
Attest:
By:'C') C (0
Traci Houchin, MMC, FCRM
City Clerk
Approved as to form and legal suffic
fic/4
City Commission of the City of
Sanford. Florida f1 /
c: Art Wood
",. Mayor
lcy:
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•
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.
Rezone 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
❑x 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.
1IPa?e
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.
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Item No.r/ •&.3
CITY COMMISSION MEMORANDUM 24.181
JUNE 24, 2024 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP, Director of Planning
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Rezone 6.16 acres from Retail Commercial (C-2) (Seminole County) to
General Commercial (GC -2) (City of Sanford) located at 4060 East State
Road 46.
THIS IS A MATTER INVOLVING THE QUASI-JUDICIAL PROCESS. THUS, COMMISSIONERS MUST
DISCLOSE ALL EX -PARTE COMMUNICATIONS INCLUDING THE NAME OF THE COMMUNICATOR, AND
THE TIME, PLACE AND SUBSTANCE OF THE COMMUNICATION. WRITTEN COMMUNICATIONS MUST
BE DISCLOSED AND MADE A PART OF THE RECORD BEFORE FINAL ACTION IS TAKEN. A
COMMISSIONER'S INVESTIGATION, SITE VISITS AND RECEIPT EXPERT OPINIONS MUST ALSO BE
DISCLOSED AND MADE A PART OF THE RECORD. PERSONS WHO HAVE OPINIONS CONTRARY TO
THOSE EXPRESSED IN AN ORAL OR WRITTEN EX -PARTE COMMUNICATION MUST BE GIVEN A
REASONABLE OPPORTUNITY TO REFUTE OR RESPOND TO THE COMMUNICATION AT THE HEARING.
THE PARTIES TO THIS PROCEEDING ARE THE CITY STAFF AND THE APPLICANT AND THEY ARE
SUBJECT TO CROSS EXAMINATION AND MUST GIVE THEIR TESTIMONY UNDER OATH. OTHERS WHO
SEEK PARTY STATUS ARE ALSO SUBJECT TO CROSS EXAMINATION. PERSONS ONLY
PARTICIPATING BY PROVIDING COMMENTS ARE NOT SUBJECT TO CROSS EXAMINATION AND ARE
NOT SWORN IN AS EVIDENTIARY WITNESSES. THE QUALIFICATIONS OF CITY STAFF ARE EITHER
PUBLISHED ON THE CITY'S WEBSITE OR SUBMITTED AT THE HEARING.
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
A request to rezone 6.16 acres from Retail Commercial (C-2) (Seminole County) to General
Commercial (GC -2) (City of Sanford) 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 to ensure that all potential conflicts of interests are capable of being discerned.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the property is vacant and used as grazing land
with assessed tax values and total tax bills for 2024 shown below:
Parcel Number I Assessed Value (2024) 1 Tax Bill (2024) Property Status
—]
34-19-31-300-003C-0000 $1,259 1 $1,259 Grazing Land
Upon annexation, it is the applicant's intent to establish fast food and quick service restaurants on
the property. When annexed, the proposed use will have an impact on public facilities and services.
BACKGROUND:
The 6.16 -acre site is in unincorporated Seminole County on the north side of State Road 46 and
approximately 283 feet west of its intersection with East Lake Mary Boulevard. The property is
zoned Retail Commercial (C-2) (County) with a Future Land Use designation of Commercial
(COM). As the property is in Seminole County, the applicant has submitted a request to annex the
property into the City of Sanford for future Development.
When a property is annexed into the City, it maintains its Future Land Use and Zoning designation
from the unincorporated area until it is incorporated into the Future Land Use element of the
Comprehensive Plan and assigned a City zoning classification. The applicant has submitted a
companion Comp Plan Amendment which was heard as the previous item.
Per the City of Sanford's Comprehensive Plan, the General Commercial GC -2 zoning
classification is consistent with the General Commercial Future Land Use. Therefore, the applicant
is requesting to rezone the property from agricultural to GC -2 zoning. This zoning district is
compatible with the General Commercial Future Land Use and consistent with the remaining
airport properties.
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 and this companion rezone are consistent with this study and
provide for a variety of commercial uses. During the development of the small area study, residents
in this district have indicated they would prefer commercial developments that front on State Road
46.
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 JPA, and the East Lake Mary Boulevard Corridor 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:
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 166.03 3, 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 an 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 regarding 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. 2024-4791 on June 24, 2024.
The City Clerk published notice of the 2"d Public Hearing in the Sanford Herald on June 26, 2024.
RECOMMENDATION:
On February 1, 2024, at its regularly scheduled meeting, the City of Sanford Planning and Zoning
Commission, in agreeance with staff s recommendation, voted to recommend that the City
Commission adopt Ordinance No. 2024-4791, rezoning 6.16 acres located at address at project
address 4060 State Road 46 from Retail Commercial (C-2) (Seminole County) to General
Commercial (GC -2) (City of Sanford) based on consistency with the Joint Planning Agreement,
East Lake Mary Corridor Study and the City of Sanford's Comprehensive Plan.
Additional comments or recommendations may be presented by staff at the meeting.
SUGGESTED MOTION:
"I move to adopt Ordinance No. -2024-4791."
Attachments:
1. Project Information Sheet
2. Aerial Map
3. Zoning Map
4. Affidavit of Ownership
5. CAPP Meeting Report
7. Business Impact Statement
8. Ordinance No. 2024-4791
PROJECT INFORMATION — 4060 EAST STATE ROAD 46
i' REZONE
Requested Action: Rezone 6.16 acres from Retail Commercial (C-2) (Seminole County) to
General Commercial (GC -2) (City of Sanford) at 4060 East State Road 46.
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-lawf=.com
CAPP Meeting: A CAPP meeting was held on May 15, 2024
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: Commercial (COM)
Proposed Future Land Use: General Commercial (GC)
Existing Land Use: Grazing Land
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 Property"). 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-wlawfi m.com; or to Harry Kaye at harrykaye(a,aol.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
hw� 6 (I
Harry Kaye, President
Seminole County
April 30, 2024
Page 2
Preliminary Conceptual Site Plan for the 2 acres
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 I0:00am 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
NIN
City of Sanford
May 17, 2024
Page 3
i►��']�1�17►:11
Yo •
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:
1. Ownership
I 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.
It. Designation of Applicant's Agent (leave blank if not applicable)
As the ownedapplicant 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: 290 W Canton Avenue Suite 110, Winter Park. FT. 32789
Email: Alex0m-wl;iyArm.corn I 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 Applicants 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)
❑ Individual ❑ Corporation o Land Trust ❑ 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 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:
Owner:
Owner:
Purchaser:
CITY OF
S_k�F0RD
=' 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/OFFICE/TRUSTEE
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, WINDERMERE, 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. to -any -action being -taken -by the City as to -the matter -.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. /(l�-ems l c7 Gf �i�� �tj✓
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Date Owner, Agent, Applicant Signature
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 tXOL Ar' {, 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 1'7day of ,�GY.ntA 2024, the said person did take an
oath and was first duly swom by me, on oath, said person, further, deposing and saying that 9/he has read the foregoing and that the
statements and allegations contained herein are true and correct.
20
WITNESS my hand and official seat in the Countyand State last aforesaid this
0� day of
E!i 3tbvm
Notary ublic; State of Florida
(Affix Notarial Sealy, �aY ►v ELIZABETH ate of F
,5 (• a Notary Commission
• State of Florida
Printed Name: 201 :;� <: Carnmission 9 HH 204316
Affidavit of ownership -February 2020
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