HomeMy WebLinkAbout4811 Re-establish PD Rezone 10 acres - 100 Crosswood LoopOrdinance No. 2024-4811
An ordinance of the City of Sanford, Florida providing for the rezoning
of a parcel of real property totaling approximately 10.00 acres or
443,005 square feet in size located at 100 Crosswood Loop and
assigned Tax Parcel Identification Numbers 16-19-30-5AC-0000-087A,
16-19-30-5AC-0000-087C, 16-19-30-5AC-0000-096A,
16-19-30-5AC-0000-0960, and 16-19-30-5AC-0000-096E by the
Seminole County Property Appraiser to re-establish the Seminole
Business Center II Planned Development (PD) zoning district and the
associated PD master plan as previously approved (map of the PD
property is attached); 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 the correction of
scrivener's errors and providing for an effective date and potential
reversion.
Whereas, an application has been submitted proposing to rezone real
property generally addressed as 100 Crosswood Loop to re-establish the Planned
Development (PD) Master Plan as previously approved to the City's PD zoning
district/classification to establish specified uses on the PD Property; and
Whereas, the fee simple title owners of the real property that is the subject of
this Ordinance is Belle Limited Liability Company, now named Crossroads Business
Center, LLC, whose manager is Robert J. Maksimowicz as to 1 parcel and Robert J.
Maksimowicz as to 4 parcels (the "Property Owners"); and
Whereas, the applicant on behalf of the Property Owners is Clifford Alejos, P.
E., of Burkett Engineering located in Orlando; and
Whereas, the subject real property is assigned the following Tax Parcel
Identification Numbers 16-19-30-5AC-0000-087A, 1 6-19-30-5AC-0000-087C,
16-19-30-5AC-0000-096A, 16-19-30-5AC-0000-0960 and 16-19-30-5AC-0000-096E, as
assigned by the Seminole County Property Appraiser; and
I
Whereas, the subject real property is a site 10.00 acres or 443,005 square feet in
size and is addressed as 100 Crosswood Loop which real property is located on the
north side of West 1st Street (Sate Road 46) approximately 870 feet east of its
intersection with Monroe Road; and
Whereas, a Citizens Awareness and Participation Plan (CAPP) meeting was
held on July 9, 2024 by Mr. Alejos and the CAPP report has been found to be satisfactory
to the City; and
Whereas, on September 10, 2018 the Sanford City Commission enacted
Ordinance Number 4475 rezoning the subject properties to PD with the associated
Seminole Business Center II PD Master Plan being approved; and
Whereas, the PD site has remained undeveloped with more than the
maximum of 3 years allowed under the provisions of Section 4.3.G of the City's Land
Development Regulations (LDRs) and, thus, the PD has expired and the Applicant is
requesting to re-establish the previously approved Seminole Business Center II PD
Master Plan; 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 LDRs, and the controlling
provisions of State law; and
Whereas, the City of Sanford Planning and Zoning Commission considered the
rezoning application submitted by the Applicant at its October 3, 2024, meeting and
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unanimously recommended that the City Commission adopt an ordinance to re-establish
the previously approved Seminole Business Center II PD Master Plan to re-establish
specified uses on the PD Property based on the request being consistent with the goals,
objectives and policies of the City's Comprehensive Plan; and
Whereas, the City planning and development staff have determined that the
rezoning request is consistent with the underlying land use and the goals and objectives
of the City's Comprehensive Plan and recommend approval of this Ordinance; and
Whereas, the City Commission has determined that the proposed rezoning of the
PD Property as set forth in this Ordinance is consistent with the Comprehensive Plan of
the City of Sanford, the City's LDRs, and the controlling provisions of State law; and
Whereas, the City Commission of the City of Sanford, Florida has taken all
actions relating to the 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 re-establishment of the
Seminole Business Center II PD as well as the recitals (whereas clauses) to this
Ordinance.
(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 Owners have agreed
that no requirement herein lacks an essential nexus to a legitimate public purpose and is
31
not roughly proportionate to the impacts of the proposed use that the City seeks to avoid,
minimize, or mitigate.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(d). This Ordinance is consistent with the goals, objectives, and policies of the
Comprehensive Plan of the City of Sanford.
Section 2. Rezoning Of PD Property/Implementing Actions;
Re -Establishment Of The Seminole Business Center II PD.
(a), Upon enactment of this Ordinance the PD Property, as depicted in the map
attached to this Ordinance, shall be rezoned to re-establish the Seminole Business
Center II PD.
(b). The City Manager, or designee, is hereby authorized to execute any
documents necessary to formalize approval of the rezoning action taken herein with
regard to the re-established Seminole Business Center II PD and to revise and amend
the Official Zoning Map or Maps of the City of Sanford as may be appropriate to
accomplish the action taken in this Ordinance and as set forth herein.
(c). The conditions to be incorporated into the pertinent non -statutory
development agreement relating to the action taken in this Ordinance include the
following:
(1). Pursuant to Section 4.3.G of the City's LDRs, this rezoning
shall expire 3 years from the effective date of this Ordinance if all
improvements have not been completed or an extension granted;
provided, further, however, that upon expiration, the property shall revert
41
back to its prior zoning district/classification in effect on September 10,
2018 and; provided, further, however, that no extension may be granted
after expiration.
(2). All development shall be consistent with the Seminole
Business Center II PD Master Plan, dated as received by the City on July
22, 2024, unless otherwise specifically set forth any associated
non -statutory development agreement or a development order; provided,
however, that all subsequent development orders shall be consistent with
the provisions of this Ordinance.
(3). All land use activities conducted on site shall be in
accordance with Schedule B — Permitted Uses, of the City's LDRs relating
to properties assigned the GC -2, General Commercial and RI -1, Restricted
Commercial, zoning districts with the exception that vehicular land uses
are prohibited and unlawful on the PD Property. The less restrictive
requirement for establishment of any specific land use category shall
prevail on any given use. If a conditional use approval is required in both
zoning districts, then a conditional use approval is required to establish the
use in accordance with the processes and procedures of the City's LDRs.
(4). All activities shall be conducted indoors including, but not
limited to, any and all storage or assembly use unless specifically
approved in accordance with Schedule B, Permitted Uses, of the City's
LDRs for the GC -2, General Commercial and RI -1, Restricted Commercial
zoning districts.
(5). All signs located on the PD Property shall be subject to an
approved comprehensive sign plan as established in Schedule K, Sign
Regulations, of the City's LDRs.
(6). Appropriate buffers by means of decorative walls or
evergreen shrubs shall be provided to minimize impacts on any adjacent
residential uses as determined by the City.
(7). Unless otherwise specified on the Seminole Business Center
II PD Master Plan, all development shall comply with setback and buffer
requirements set forth in Schedule J, Landscape, Buffer and Tree
Requirements; Schedule U — Overlay Districts, of the City's LDRs and the
2015 City of Sanford/Seminole County Joint Planning Agreement (JPA) as
they apply to this PD project.
(8). All requirements relating to wetland and tree mitigation as
established in the City's LDRs shall be met prior to development of the PD
Property.
(9). If determined to be required and prior to any issuance of a
site development permit relating to the PD Property, acceptable fencing
around the property shall be submitted to the City for approval.
(10). The following design elements will be considered during the
development plan review:
(i). Site improvements may include the incorporation of
low impact development (oftentimes referred to as "LID")
techniques and crime prevention through environmental
61
design (oftentimes referred to as "CPTED") guidelines.
(ii). Elements of buildings may be constructed
incorporating Leadership in Energy and Environmental
Design (oftentimes referred to as "LEED"), Florida Green, or
such other equivalent energy savings standards as may be
approved by the City.
(iii). 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.
(iv). A decorative and functional fountain shall be installed
and maintained in all wet retention ponds.
(11). If City staff, by means of a determination or determinations
by the City's Administrative Official, and the Property Owners are unable to
agree to the details of this Ordinance or the implementing PD non -statutory
development agreement in any way, the matter will be submitted to the
Planning and Zoning Commission for resolution at a public hearing, and
the matter will be adjudicated by means of a development order or denial
development order relating thereto.
(12). In agreeing to the above conditions in the subsequent PD
non -statutory development agreement, the Property Owners shall be
conclusively deemed to have agreed that, in accordance with the
provisions of Section 70.45, Florida Statutes, pertaining to governmental
71
exactions, the City has not imposed any prohibited exaction. The term
"prohibited exaction" is defined by that statute to mean "... any condition
imposed by a governmental entity on a property owner's proposed use of
real property that lacks an essential nexus to a legitimate public purpose
and is not roughly proportionate to the impacts of the proposed use that the
governmental entity seeks to avoid, minimize, or mitigate."
Section 3. Incorporation Of Documents And Re -Established Seminole
Business Center II PD Master Plan For The Re -Established Seminole Business
Center II PD.
The documents attached to this Ordinance are hereby ratified and affirmed and
incorporated into this Ordinance as a substantive part of this Ordinance re-establishing
the Seminole Business Center II PD.
Section 4. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 5. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 6. Non -Codification; Implementation.
(a). This Ordinance shall not be codified in the City Code of the City of Sanford
or the City's LDRs; provided, however, that the actions taken herein shall be depicted on
81
the zoning maps of the City of Sanford by the City Manager, or designee. Typographical
errors and other matters/Scrivener's errors of a similar nature that do not affect the intent
of this Ordinance, as determined by Administrative Official, in conjunction with the City
Clerk and City Attorney, may be corrected without the need for a public hearing.
(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 Owners, or their successor(s) in interest within 60 days of the effective
date of this Ordinance or the PD Property's zoning classification shall revert back to its
prior zoning district/classification in effect on September 10, 2018. Further, if, pursuant to
Section 4.3.G of the City's LDRs, this rezoning expires in 3 years from the effective date
of this Ordinance due to all improvements having not been completed or an extension
granted; then the property shall revert back to its prior zoning district/classification in
effect on September 10, 2018 with the entitlements set forth therein if consistent with the
goals, objectives and policies of the City's Comprehensive Plan.
(c). The non -statutory development agreement referenced in Subsection (b).of
this Section shall be and constitute a development order and shall not create contractual
rights of the Property Owners against the City nor contractual obligations of the City to
the Property Owners and, to that end, the Property Owners shall have no contractual
rights or remedies against the City with regard to any land use action of the City.
(d). The City has not waived any rights or remedies by taken the action set forth
herein or in the implementing development agreement and any successive development
orders and reserves any and all rights and remedies available to the City under
controlling law including, but not limited to, the protections under the laws pertaining to
91
sovereign immunity and, further, all matters set forth herein may be enforced by any
code enforcement process available to the City under the provisions of controlling law.
Section 7. Effective Date.
This Ordinance shall take effect upon enactment.
Passed and adopted this 18th day of November, 2024.
Attest:
Traci Houchin, MMC, FCRM
City Clerk
t'
Approved as to form and legal sufficiency.
i liam L. Colbert
City Attorney
City Commission of the City of
Sanford. Florida
mayor
PROJECT INFORMATION — 2340 CELERY AVENUE
PLANNED DEVELOPMENT REZONE
Requested Action: A rezone of 4.87 acres at project address 2340 Celery Avenue Seminole County
Agriculture (A-1)) to City of Sanford Planned Development (PD).
Proposed Use: 19 -unit Single Family subdivision (one and two family)
Project Address: 2340 Celery Avenue
Tax Parcel Numbers: 29-19-31-300-0120-0000
Existing Land Use: Group Home
Current County Zoning: Seminole County Agriculture (A-1)
Site Area: 4.87 acres
Property Owner: Dave's House at Celery LLC
PO Box 607103 Orlando, FL 32860-7103
C/O Ellen O'Connor
127 West Fairbanks Avenue PMB# 436
Winter Park, FL 32789
Applicant/Agent: Laurence Poliner, P.E.
617 Arvern Drive Altamonte Springs, FL 32701
Phone:(407) 452-8633
Email: larry@rceconsultants.net
CAPP Meeting: A CAPP (Citizens Awareness and Participation Plan) meeting was held on March 27,
2024.
Commission District: District I — 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.
Current Future Land Use: Seminole County Suburban Estates (SE)
Proposed Future Land City of Sanford Low Density Residential — Single Family (LDR-SF)
Use:
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Crossroads Business Center CAPP Meeting
July 9th, 2024
Comfort Inn & Suites
Sanford, FL
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Citizen Notification
On June 24th, 2024, Burkett Engineering mailed notifications to adjacent property owners using the
parcel information provided by the City of Sanford. Three were returned as undeliverable. The
returned notices are pictured below. A copy of the notification is on the next page, and the following
two pages show the full parcel list.
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530 S RONALD REGAN BLVD
LONGWOOD, FL 32750-5485
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Notices were returned from:
1. Torn RMS INV INC 2. Poff, Rosa M 3. Belle INC
32512 Hawks Lake Ln RR 1 Box 97 530 S Ronald Regan Blvd
Sorrento, FL 32776 Sanford, FL 32773 Longwood, FL 32750
AIR\ B u r ke t t
engineering
CIVIL ENGINEERING CONSULTANTS
NOTIFICATION LETTER
Dear Property Owner,
June 24, 2024
We invite you to a neighborhood meeting to review and discuss the Seminole Business Center expansion.
Mack Plumbing Systems, Inc. is proposing to re-establish the Planned Development Rezoning in the City
of Sanford, which was unanimously approved but has since expired.
The neighborhood meeting will provide the local community with a venue to discuss the proposed use
and improvements to the property. All are welcome. A full-sized copy
of the site plan submitted to the City will be available for review at
the meeting. If you are unable to attend the meeting, but have
questions to ask or comments to provide, please email those questions
or comments to Clifford Alejos at calejos@burkettengineering.com or
Rikki Payne at ipayne@burkettengineering.com.
The meeting will be held at the following location and time:
LOCATION:
DATE:
TIME:
Comfort Inn and Suites
590 Ava Court
Sanford, FL 32771
Tuesday, July 91h, 2024
6:00 p.m. to 8:00 p.m.
Sincerely,
Burkett Engineering, Inc.
Clifford Alejos, PE
President
c: Bob Mack
Seminole Business
Center Site:
Engineering with Integrity
105 E. Robinson Street I Suite 5011 Orlando, Florida 32801 Phone: 407.246.1260 Fax: 407.246.0423 www.burkettengineering,com
Print using Adobe® ReaderGs "Actual size"setting
MONNAR INV LLC
PO BOX 941618
MAITLAND, FL 32794-1618
LIVELY. LOUIS C SR & ANGELA S
107 PALM TER
SANFORD. FL 32771-9520
SINGH, WINSTON
2809 WALDENS POND CV
LONGWOOD, FL 32779-7037
YOUNG, CRAIG S & KIMBERLEE K
102 PALM TER
SANFORD. FL 32771-9520
GANESH HOLDINGS NORTH LLQ
343 MONROE RD
SANFORD. FL 32771-8876
MAKSIMOWICZ, ROBERT J
530 S RONALD REAGAN BLVD
#116
LONGWOOD, FL 32750-5485
GANESH HOLDINGS NORTH LLC
343 MONROE RD
SANFORD. FL 32771-8876
MONNAR INV LLC
PO BOX 941618
MAITLAND, FL 32794-1618
KARUNAKARAN, ARUN M & ARUN. ASHA
468 RED ROSE LN
SANFORD. FL 32771-1641
MNRL PROPERTIES LLC
975 BENNETT DR
LONGWOOD, FL 32750-6352
r150 1/1 4/4/2024 3'42:59 PM
GANESH HOLDINGS NORTH LLC
343 MONROE RD
SANFORD. FL 32771-8876
STRATFORD POINT PRESERVATION LTD
401 WILSHIRE BLVD
11 TH FLOOR
SANTA MONICA. CA 90401-1416
HUBBS OF FLORIDA INC
24745 DERBY DR
SORRENTO. FL 32776-8405
SIMPLY STORAGE SANFORD LL+"
PO BOX 800729
DALLAS, TX 75380-0729
1210 CENTRAL PARK LLC
201 SPECIALTY PT
SANFORD. FL 32771-6621
COCHRAN, MICHAEL J
9833 HATTON CIR
ORLANDO, FL 32832-6171
LIVELY, LOUIS C SR & ANGELA S
107 PALM TER
SANFORD. FL 32771-9520
HUBBS OF FLORIDA INC
24745 DERBY DR
SORRENTO. FL 32776-8405
NOORMOHD, GULAMABBAS M
456 RED ROSE LN
SANFORD. FL 32771-1641
DONGISHIRAPU. NAVEEN K
72 RED ROSE LN
SANFORD. FL 32771-1641
MAKSIMOWICZ, ROBERT J
530 S RONALD REAGAN BLVD STE 100
LONGWOOD. FL 32750-5485
BELLE LLC
530 S RONALD REAGAN BLVD
LONGWOOD, FL 32750-5485
CAT TRAN 46 LLC
1117 N PINE HILLS RD
ORLANDO, FL 32808-7125
TORN RMS INV INC
32512 HAWKS LAKE LN
SORRENTO, FL 32776-7737
MAKSIMOWICZ. ROBERT J
530 S RONALD REAGAN BLVD STE 1
LONGWOOD FI 32750-5485
FORRESTER. CAYCE N
165 MONROE RD
SANFORD, FL 32771-8872
HALL. SHARON S
PO BOX 471091
LAKE MONROE. FL 32747-1091
HICKS, DONALD J & KIMBERLY S
104 PALM TER
SANFORD. FL 32771-9520
SWANSON, ELMER L HEIR
'C/O SWANSON, BRIAN L
106 PALM TER
SANFORD. FL 32771-9520
POFF, ROSA M
RR 1 BOX 97
SANFORD. FL 32773
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HUBBS OF FLORIDA INC
24745 DERBY DR
SORRENTO, FL 32776-8405
RAJENDRAN KESAVAN 8 GIRIBABU. RAhIYA
464 RED ROSE LN
SANFORD. FL 32771-1641
SAFARI PROPERTIES LLC
32301 WOODWARD AVE
ROYAL OAK, MI 48073-0946
PILLAI, SUJA S & VIJU V
476 RED ROSE LN
SANFORD, FL 32771-1641
VISION CASTING LLC
542 HASSOCKS LOOP
LAKE MARY. FL 32746-6321
BOOTH, JESSIE I & ROBERT H
UNKNOWN
SWANSON, BRIAN L
106 PALM TER
SANFORD, FL 32771-9520
3900 NARCISSUS AVENUE LLC
2355 MORNINGSIDE DR
MOUNT DORA, FL 32757-6613
TG PROPERTY HOLDINGS LLC
4405 STONE MEADOW DR
ORLANDO, FL 32826-4263
HUDSON, JONI
460 RED ROSE LN
SANFORD, FL 32771-1641
r150 1/1 4/4/2024 3.43:01 PM
h18 h4 VENTURES OF CENTRAL FLA LLC
4035 W 1 ST ST LEASE
SANFORD, FL 32771-9721
MAKSIMOWICZ. ROBERT J
530 S RONALD REAGAN BLVD
#100
LONGWOOD, FL 32750-5485
MONNAR INV LLC
PO BOX 941618
MAITLAND, FL 32794-1618
GANESH HOLDINGS NORTH LLC
343 MONROE RD
SANFORD. FL 32771-8876
MINNER, DAVID J
108 PALM TER
SANFORD. FL 32771-9520
MAKSIMOWICZ. ROBERT J TR
530 S RONALD REAGAN BLVD
LONGWOOD. FL 32750-4900
SEMINOLE B C C
1101 E 1ST ST
SANFORD, FL 32771-1468
KRIZ, PAULINE R
103 PALM TER
SANFORD. FL 32771-9520
MONNAR INV LLC
PO BOX 941618
MAITLAND. FL 32794-1618
YOUNG, CRAIG S & KIMBERLEE K
102 PALM TER
SANFORD. FL 32771-9520
KHAN. UMAR
17318 HEIGHTS LN
RIVERSIDE. CA 92503-6211
On July 9th, 2024, the CAPP meeting was held in the conference room of the Comfort Inn & Suites on
Ava Court in Sanford, roughly two miles from the subject property.
The meeting was held by Burkett Engineering, the applicant for the Planned Development Rezoning. It
was coordinated and presented by Rikki Payne, Project Coordinator for Burkett Engineering, and
Clifford Alejos, PE, the Engineer of Record on the project. Light refreshments (bottled water and
cookies) were offered.
At 6 pm, one attendant arrived and we presented and discussed the project with her. She left, satisfied
with the outcome, around 6:45 pm, and we stayed until 8 pm. The below picture shows the clock in the
conference room at 8 pm.
The sign -in sheet, notes log, and handout can be seen in the following pages. A full-size version of the
site plan was also available in both paper and foam board.
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A&Burkett CIVIL ENGINEERING
engineering CONSULTANTS
Name: Rikki Payne
Date: 07/09/2024
Purpose: Community meeting to discuss new development
Project No: 1714.30
and concerns
Re: CAPP Meeting
Attendees: Clifford Alejos Affiliation: Burkett Engineering
Rikki Payne
Burkett Engineering
Jennifer Linares
Stratford Point Apartments
Ms. Linares arrived at 6 pm, representing the Stratford Point Apartments to the east of the
property. There is a wooded lot between the apartment complex and the property in question.
Both Clifford and Rikki presented the project with interactive visuals — aerial maps and property
information on a large screen, as well as the site plan.
Concerns: Ms. Linares stated that they were concerned about losing the wooded lot buffer. We
told her that is not part of this development plan, and that any future plans to develop the wooded
lot would go through this process as well. Her other concern was regarding construction near the
apartment complex entrance (for surveying, etc.) which we assured her is also not part of this
development plan.
Conclusion: We reviewed the site plan, maps, and process together. Ms. Linares was satisfied
with the discussion and happy to be a part of it. She took a copy of the full-size site plan and our
contact information with her when she left.
Enginee ing with Integrity
105 E. Robinson Street, Suite 501, Orlando, Florida 32801 Phone: 407.246.1260 Fax: 407.246.0423 www.burkettengineering.com
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SANFORD AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
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.w.-fordn.0o.
Please use additional sheets as needed. if any additional sheets are attached to this document, please sign here and note below:
Ronda Department of State Venfication of Corporabon
I. Ownership
I. Robert Maksimowicz , hereby attest to ownership of the property described below:
Tax Parcel Number(s): i6-19-30-s^C4=0-087A, 1e-19-30-SAC-0000-0e7c. ts-ts-30-snC-0000-095A, 16-19s0-snc-0000-0960. 16-rsaa5Ac-0000-os6E
Address of Property: 3980 W. SR 46 Sanford, FL 32771
for which this Engineering Plan 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, 1 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): Clifford Alejos Signature:
Agent Address: 105 East Robinson Street Suite 501 Orlando, FL 32801
Email: permtttmg@burkettengineering.com Phone: (407) 246.1260 Fax:
III. Notice to Owner
A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require a new affidavit. If ownership
changes, the new owner assumes all obligations related to the filing application process.
B. If the Owner intends for the authority of the Applicant's Agent to be limited in any manner, please indicate the limitations(s)
below. (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc.)
The owner of the real property associated with this application or procurement activity is a (check one)
c Individual Corporation Land Trust Partnership 4 Limited Liability Company
c 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 K 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 companv, 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: Belle. LLC (Ser. attached Florida Department of State Verification of Corporation)
6. In the circumstances of a contract for purchase, fist the name and address of each contract purchaser. If the purchaser is a
corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and/or 5 above.
Name of Purchaser:
Date of Contract:
NAME TITLE/OFFICEITRUSTEE
OR BENEFICIARY
(Use additional sheets for more space.)
ADDRESS
% OF
INTEREST
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.
Date 1,;2 /d ?G��
STATE OF FLOR AA ;
COUNTYOF
Sworn to (or affirmed) and subscribed before me by
on this , Y? day of /6,. t , 20 ,?-3
Signature of Not ublic �
C�ICU l �-
Personally Known --'OR Produced Identification
Type of Identification Produced
AR,davl of 0M ,1 W1 o - January 2015
ownf r, Agent, 4pplicant Signature,
Print, Type or Stamp Name of Notary Public
`ri•
MANE T.I'MUEIRED0
-AAt- Wwal toe i M 26!411)
of n:,wP`Exom September 21, 2026
Z
Detail by Entity Name
https ://search. sunb i z.org/Inyu iry/CorporationS earch/SearchRes u ItDetai L..
DIVISION OF CORPORATIONS
.or9
Department of State / Division of Corporations / Search Records / Search by Entity Name /
Detail by Entity Name
Florida Limited Liability Company
CROSSROADS BUSINESS CENTER, LLC
Filing Information
Document Number
FEI/EIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Event Effective Date
L05000057045
25-1922067
06/09/2005
FL
ACTIVE
LC AMENDMENT AND NAME CHANGE
09/28/2018
NONE
Principal Address
530 S. RONALD REAGAN BLVD. #100
LONGWOOD, FL 32750
Changed: 09/28/2018
Mailing Address
530 S. RONALD REAGAN BLVD., SUITE 100
LONGWOOD, FL 32750
Changed: 04/11/2012
Registered Agent Name & Address
MAKSIMOWICZ, ROBERT J
530 S. RONALD REAGAN BLVD., SUITE 100
LONGWOOD, FL 32750
Address Changed: 04/11/2012
Authorized Person(s) Detail
Name & Address
Title MGR
MAKSIMOWICZ, ROBERT J
530 S. RONALD REAGAN BLVD #100
LONGWOOD, FL 32750
Annual Regg tsr
1 of 2 12/19/2023, 12:47 PM
Detail by Entity Name
Report Year
Filed Date
2021
01/14/2021
2022
01/23/2022
2023
02/06/2023
Document Images
https:Hsearch. sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail...
02/06/2023 — ANNUAL REPORT
View image in PDF format
01/23/2022 — ANNUAL REPORT
View image in PDF format
01/14/2021 —ANNUAL REPORT
View image in PDF format
01/18/2020 — ANNUAL REPORT
View image in PDF format
02/02/2019 — ANNUAL REPORT
View image in PDF format
09/28/2018 — LC Amendment and Name ChanoeI
View image in PDF format
02/20/2018 — ANNUAL REPORT
View image in PDF format
02/25/2017 — ANNUAL REPORT
03/29/2016 — ANNUAL REPORT
03/30/2015 — ANNUAL REPORT
01/30/2014 — ANNUAL REPORT
02/27/2013 — ANNUAL REPORT
04/11/2012 — ANNUAL REPORT
01/14/2011 — ANNUAL REPORT
03/23/2010 — ANNUAL REPORT
04/06/2009 — ANNUAL REPORT
02/19/2008 — ANNUAL REPORT
03/26/2007 — ANNUAL REPORT
04/06/2006 — ANNUAL REPORT
06/09/2005 — Florida Limited Liabilites
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Florida Department of State, Cion of Corporations
2 of 2 12/19/2023, 12:47 PM
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.
An ordinance of the City of Sanford, Florida providing for the rezoning
of a parcel of real property totaling approximately 10.00 acres or 443,005
square feet in size located at 100 Crosswood Loop and assigned Tax
Parcel Identification Numbers 16-19-30-5AC-0000-087A, 16-19-30-5AC-
0000-087C, 16-19-30-5AC-0000-096A, 16-19-30-5AC-0000-0960, and 16-
19-30-5AC-0000-096E by the Seminole County Property Appraiser to re-
establish the Seminole Business Center II Planned Development (PD)
zoning district and the associated PD master plan as previously
approved (map of the PD property is attached); 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
the correction of scrivener's errors and providing for an effective date
and potential reversion.
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;
11
❑ 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
® 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.
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):
This is a rezoning ordinance which was enacted upon application of the property owner.
2. Estimate of direct economic impact of the proposed ordinance on private, for-profit
businesses in the City:
None.
3. Estimate of direct compliance costs that businesses may reasonably incur:
None.
4. Any new charge or fee imposed by the proposed ordinance:
None.
5. Estimate of the City's regulatory costs, including estimated revenues from any new
charges or fees to cover such costs:
The effect of the proposed ordinance, which was enacted upon application by the property
owner, should enhance the economic goals and investment backed expectations of the
owner.
a
6. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
None.
7. Additional information
Reference to the City staff report/agenda memorandum and the public hearings on the
proposed ordinance may be of assistance.
3�
CITY OF
0 SkNFORD F*/ aCU CnR� WS _ RM X
FLORIDA
Item No. %•
CITY COMMISSION MEMORANDUM 24323
NOVEMBER 18, 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 to Planned Development (PD) to re-establish the previously
approved PD Master Plan at project address 100 Crosswood Loop;
Ordinance No. 2024-4811
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
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.
SYNOPSIS:
Rezone to Planned Development (PD) to re-establish the previously approved PD Master Plan at
project address 100 Crosswood Loop has been received.
The property owner is Robert Maksimowicz. The applicant, Clifford Alejos PE, with Burkett
Engineering, completed the Citizens Awareness and Participation Plan CAPP meeting on July 9,
2024. A copy of the report is attached, which has been found to be satisfactory for 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 interest 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
Assessed Value (2024)
Tax Bill (2024)
Property Status
16-19-30-5AC-0000-087A
$1,413,401
$1,296,242
Vacant
Commercial
16-19-30-5AC-0000-087C
$174,979
$162,601
Vacant Industrial
16-19-30-5AC-0000-096A
$46,808
$910
Vacant Industrial
16-19-30-5AC-0000-0960
$118,914
$1,920
Vacant
Commercial
16-19-30-5AC-0000-096E
$5,737
$177
Vacant
Commercial
It is the applicant's intent to develop the property with a mix of uses including light industrial and
general commercial uses. The proposed development will facilitate new commercial and industrial
construction. Thus, generating additional tax revenue to the City.
No additional staffing is anticipated if the land use amendment is approved.
BACKGROUND:
The six parcels, totaling 10 -acres, are located on the north side of West 1' Street (State Road 46)
approximately 870 feet east of its intersection with Monroe Road. On September 10, 2018, the
Sanford City Commission adopted Ordinance No. 2018-4475 rezoning the subject properties to
PD, Planned Development with the associated Seminole Business Center II PD Master Plan.
In early August of 2024, the applicant came to City Staff to inquire about developing the site in
accordance with the Seminole Business Center II PD Master Plan. However, the site has gone
undeveloped with more than the maximum three years allowed per Article IV, thus the PD has
expired. Therefore, the applicant is requesting to re-establish the previously approved Seminole
Business Center II PD Master Plan.
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 denv the application for a development hermit 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 circumstances. An approval, approval of 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 Sive written notice to the applicant. The notice must include a
citation to the applicable portions of an ordinance, rule, statute, or other legal authoritv 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 reouire as a condition of processing or issuing a development permit
or development order that an applicant obtain a permit or approval from anv state or federal
aSencv unless the aSencv has issued a final aSencv 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 [of] an application":
"(15) `Development order' means any order granting, denying, or granting with conditions an
application for a development permit." (Section 163.3164(15), Florida Statutes).
Thus, if this application is denied, a denial development order must be issued which must cite to
the applicable portions of each ordinance, rule, statute or other legal authority supporting the denial
of the application. For example, if a goal, objective or policy of the Sanford Comprehensive Plan
were to be the basis for a denial, then such goal, objective or policy must be part of the motion
proposing the denial. A denial development order would be drafted to implement the actions of
the City Commission in the event of such an occurrence. Accordingly, any motion to deny must
state, with particularity, the basis for the proposed denial. It is noted that, in the context of a
proposed PD zoning district/classification proposed master plan, a valid reason to deny the PD
would be that the PD is not consistent with sound and generally accepted land use planning
practices and principles as articulated by City planning staff or other competent evidentiary
sources.
The City Commission has also expressed its desire for all who vote against the majority decision
to express their 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.
RECOMMENDATION:
On October 3, 2024, upon a recommendation from staff, the Planning and Zoning Commission
recommended that the City Commission adopt Ordinance No. 2024-4811, a request to rezone 10
acres at project address 100 Crosswood Loop from Planned Development (PD) to Planned
Development (PD) based on consistency with the Comprehensive Plan. The following conditions
should be considered to accompany any approval in an associated Development Order:
1. Pursuant to Section 4.3.G of the Land Development Regulations (LDR) of the City of
Sanford, this rezoning shall expire three years from the effective date of this Ordinance if
all improvements have not been completed or an extension granted.
2. All development shall be consistent with the Seminole Business Center II PD Master Plan,
dated as received by the City on July 22, 2024, unless otherwise specifically set forth any
associated development order; provided, however, that all subsequent development orders
shall be consistent with the provisions of this Ordinance.
3. All land use activities conducted on site shall be in accordance with Schedule B — Permitted
Uses, Sanford LDR for GC -2, General Commercial and RI -1, Restricted Commercial
zoning with the exception that no vehicular land uses shall be permitted on site. The less
restrictive requirement for establishment of any specific land use category shall prevail on
any given use. If a Conditional Use approval is required in both zoning districts, then a
conditional use approval is required to establish the use.
4. All activities shall be conducted indoors, including any storage or assembly unless
approved in accordance with Schedule B, Permitted Uses, LDR for GC -2, General
Commercial and Rl-1, Restricted Commercial zoning.
5. All signs on site shall be subject to an approved comprehensive sign plan as established in
Schedule K, Sign Regulations, LDR.
6. Appropriate buffers by means of decorative walls or evergreen shrubs shall be provided to
minimize impacts on any adjacent residential uses as determined by the City.
7. Unless otherwise specified on the Seminole Business Center II PD Master Plan, all
development shall comply with setback and buffer requirements set forth in Schedule J,
Landscape, Buffer and Tree Requirements; Schedule U — Overlay Districts; and the
Sanford — Seminole County JPA; as they apply to this project.
8. All requirements relating to wetland and tree mitigation as established in the City's LDR
shall be met prior to development of the site.
9. If determined to be required prior to any issuance of a site development permit relating to
the subject property, acceptable fencing around the property shall be submitted for City
staff approval.
10. The following design elements will be considered during the development plan review:
a. Site improvements may include the incorporation of low impact development
(oftentimes referred to as "LID") techniques and crime prevention through
environmental design (oftentimes referred to as "CPTED") guidelines.
b. Elements of buildings may be constructed incorporating Leadership in Energy and
Environmental Design (oftentimes referred to as "LEED"), Florida Green, or such
other equivalent energy savings standards as may be approved by the City.
c. 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 LDR.
d. A decorative and functional fountain shall be installed and maintained in all wet
retention ponds.
11. Any dispute related to the matters shall be resolved by the Planning and Zoning
Commission, after a public hearing, by means of a development order or denial
development order relating thereto.
Additional comments or recommendations may be presented by staff at the meeting.
The City Commission approved Ordinance No. 2024-4811 on first reading on October 28, 2024.
The City Clerk published notice of the 2"d Public Hearing in the Sanford Herald on November 6,
2024.
SUGGESTED MOTION:
"I move to recommend the City Commission adopt Ordinance No. 2024-4811."
Attachments: Ordinance No. 2024-4811
Project Information Sheet
Aerial Map
Zoning Map
CAPP Report
Affidavit Ownership
PD Master Plan
Business Impact Estimate
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