4402 Southridge PD Ordinance No. 2017-4402
An ordinance of the City of Sanford, Florida relating to a total
amendment of the previously approved Southridge Planned
Development (PD) to a new revised PD to be known as Southridge
South PD and approving a new PD master plan; providing for the
rezoning of real property located at 985 Rinehart Road and assigned
Tax Parcel Identification Numbers: 32-19-30-300-007B-0000/32-19-30-
300-007C-0000/32-19-30-300-007L-0000/32-19-30-300-007M-0000 and
32-19-30- 300-0220-0000 within the City Limits (map of the property
attached); providing for findings and intent, development conditions
and the resolution of disputes by the Planning and Zoning
Commission; providing for the taking of implementing administrative
actions; providing for the adoption of a map and PD master plan by
reference; providing for conflicts; providing for severability;
providing for non-codification and providing for an effective date.
Whereas, a request to amend the previously approved Southridge PD by
adding a parcel, 5.16 acres in size, to the existing Southridge PD in order to establish the
revised Southridge South PD located at 985 Rinehart Road and authorize a vehicular
dealer sales establishment within the PD has been received; and
Whereas, the prior PD was approved by means of the enactment of Ordinance
Number 3356 by the City Commission of the City of Sanford on September 15, 1997; and
Whereas, to implement that plan of development the Southridge South PD
Master Plan has been developed which Master Plan will now encompass a total of 12.81
Acres (557,884 square feet) a part of which is located within a potable water wellfield
protection zone; and
Whereas, the property owner of the PD property is Eoghan N. Kelley Family LP
PMB 425 whose manager is Christopher E. Kelley; and
Whereas, the applicant for the PD approval is Selby G. Weeks, P.E., of Klima
Weeks Civil Engineering, Inc.; and
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Whereas, a Citizen Awareness and Participation Plan (CAPP) meeting
requirements of the City has been submitted to the City and that process included a
meeting held on November 10, 2016 said Plan being prepared and submitted by attorney
Scott Glass, Esquire, of the Shutts & Bowen LLP law firm; and
Whereas, the City's Planning and Development Services Department has
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, policies and objectives
of the Comprehensive Plan of the City of Sanford, the Land Development Regulations of
the City of Sanford, and the controlling provisions of State law; and
Whereas, the City staff recommended approval of this Ordinance subject to
normative development detailed development requirements and conditions some of
which, if not later resolved, shall be subject to resolution by the Planning and Zoning
Commission; and
Whereas, on March 2, 2017 the Planning and Zoning Commission
recommended that the City Commission approve the rezoning request and
recommended that such approval be subject to numerous conditions; 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 Land Development Regulations of the City of Sanford,
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 PD rezoning action set forth herein in accordance with the
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requirements and procedures mandated by State law.
Now, therefore, be in enacted by the People of the City of Sanford, Florida.
Section 1. Legislative findings and intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance 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 approval set forth in this Ordinance is subject to the specific conditions
that are set forth subsequently in this Ordinance and the Property Owner has agreed that
no requirement herein lacks an essential nexus to a legitimate public purpose and is 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 real property/implementing actions; Southridge
PD.
(a), Upon enactment of this Ordinance the property, as depicted in the map
attached to this Ordinance shall be rezoned from the Southridge PD classification to the
Southridge South PD (as revised) zoning classification consistent with the provisions of
this Ordinance.
(b). The City Manager, or designee, is hereby authorized to execute any
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documents necessary to formalize approval of the rezoning action taken herein with
regard to the Southridge South 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 development order
relating to the action taken in this Ordinance include the following:
(1). Pursuant to Section 4.3.G of the Land Development Code of the City of
Sanford (Land Development Regulations), this rezoning shall expire 3 years from the
effective date of this Ordinance if all improvements have not been completed or an
extension granted.
(2). All development shall be consistent with the Southridge South PD Master
Plan, dated as received by the City on February 22, 2017, 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 PD property shall be in accordance with
Schedule "B" — Permitted uses, Land Development Regulations, for GC-2, General
Commercial unless otherwise specifically designated on the Southridge South PD noted
above.
(4). The final design and location of all driveways and access points shall be
determined by City staff during development plan review.
(5). All signs located on the PD property shall be subject to an approved
comprehensive sign plan as established in Schedule "K", Sign Regulations, Land
Development Regulations.
41 P a Lye
(6). Unless otherwise specified on the Southridge South PD Master Plan, all
development shall comply with setback and buffer requirements set forth in Schedule "J",
Landscape, Buffer and Tree Requirements, Land Development Regulations, and
Schedule "E", Additional Requirements And Provisions For Specific Uses, Section 1.0,
Vehicular Uses And Welding Establishments.
(7) Any development within the wellfield protection zone shall comply with the
applicable City, State and Federal regulations and land use restrictions including
Schedule "M" and Schedule "P", Land Development Regulations, to ensure the City's
potable water supply is protected.
(8). All requirements relating to wetland, endangered or threatened species and
tree mitigation as established in the City's Land Development Regulations shall be met
prior to development of the PD property.
(9). The Property Owner shall install a decorative and functional fountain in all
wet retention ponds as part of development approval which approval shall provide for
ongoing maintenance requirements and responsibilities upon the appropriate party, but
not the City.
(10). The following design elements will be considered during the development
plan review:
(a). Site improvements occurring on the PD property 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
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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 PD Master Plan, any
required elements missing from or not shown on the PD Master Plan shall comply with
the City's Land Development Regulations.
(11). The resolution of all disputes arising from development under the
Southridge South PD shall be resolved by the Planning and Zoning Commission unless
otherwise specifically provided by controlling law.
Section 3. Incorporation of map and PD Master Plan for Southridge PD.
The map attached to this Ordinance is hereby ratified and affirmed and
incorporated into this Ordinance as a substantive part of this Ordinance establishing the
Southridge PD.
Section 4. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed. City staff shall harmonize the approval and actions set forth herein together
which those taken relative to the Southridge PD including, but not limited to, Ordinance
Number 3356 establishing the Southridge PD Master Plan.
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.
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Section 6. Non-codification; Implementation.
(a). This Ordinance shall be not be codified in the City Code of the City of
Sanford or the Land Development Code of the City of Sanford (Land Development
Regulations); provided, however, that the actions taken herein shall be depicted on the
zoning maps of the City of Sanford by the City Manager, or designee.
(b). The City Manager, or designee, shall implement the provisions of this
Ordinance by means of a Development Agreement which shall be executed by the
Property Owner within 60 days of the effective date of this Ordinance or the subject
property's zoning classification shall revert to the zoning classification that was in place
for the subject property prior to the approval of the Southridge South PD as approved
herein.
Section 7. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 27th day of March, 2017.
Attest., City Commission f the City of
Sanford, Florid
Cyn is Porter, City Clerk Jeff Triplett, y
Approved as to form and legal sufficiency.
William L. Colbert, City Attorney
71Paaz
WS _ RM X
Item No.
CITY COMMISSION MEMORANDUM 17-051
MARCH 27, 2017 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Cynthia Porter, City Clerk
Eileen Hinson, AICP—Dev pment Service ager
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manage
SUBJECT: Amend the existing Southridge PD by addi and rezoning additional land
currently zoned AG,Agriculture
THIS IS A QUASI-JUDICIAL MATTER AND, AS SUCH, REQUIRES
DISCLOSURE OF ALL EX-PARTE COMMUNIC IONS, INVESTIGATIONS,
SITE VISITS AND EXPERT OPINIONS REGARD NG THIS MATTER.
STRATEGIC PRIORITIES:
❑ Unify Downtown&the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
® Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Ordinance No. 4402, to amend the Southridge Planned Development Master Plan by rezoning a
5.16 acre parcel from AG,Agriculture to PD,Planned Development and adding it to the Southridge
PD to create the Southridge South PD Master Plan, a 12.8 acre commercial development for a
proposed vehicular dealer sales establishment,is being submitted for second reading and adoption.
The property owner is Eoghan N. Kelley Family LP PMB 425. The applicant, Selby G. Weeks,
P.E. of Klima Weeks Civil Engineering, Inc., accomplished the Citizens Awareness Participation
Plan.
The Affidavit of Ownership and Designation of Agent form is attached and other information is
available in order to ensure that all potential conflicts of interests are capable of being discerned.
FISCAL/STAFFING STATEMENT:
Based on the Seminole County Property Appraiser 2016 property tax roll,the existing vacant 5.16
acre property to be rezoned has an assessed value of$174,693 and a total tax bill of$1,115.00.
The rezoning and addition of the property to the Southridge PD will further facilitate new non-
residential construction and additional tax revenue to the City.
Page I of 5
BACKGROUND:
The subject property has been given a project address of 985 Rinehart Road. It is located on the
northeast corner of Rinehart Road and County Road 46A and extends north to the existing Infiniti
Dealership.
On September 15, 1997,the City Commission adopted Ordinance No. 3356 amending Ordinance
No. 3117 to establish the existing Southridge Planned Development. Since its adoption,portions
of the Southridge PD have been developed as the Honda and Acura auto dealerships.On December
22,2016,the applicant submitted a request to amend the PD Master Plan for Southridge by adding
an additional 5.16 acre parcel on the west side of Twin Lake. The proposed portion to be amended
will be called the Southridge South Planned Development and will continue to allow development
of a variety of commercial,vehicular and retail uses.
A portion of the Southridge South PD is located within a potable water wellfield protection zone.
Although automotive and light industrial related uses may be proposed, any development within
the wellfield protection zone shall comply with the applicable City, State and Federal regulations
and land use restrictions including Schedule M and Schedule P of the Land Development
Regulations to ensure the City's potable water supply is protected.
The underlying Future Land Use is I-4 High Intensity Center (HI). The 1-4 High Intensity" is a
mixed use designation intended to promote and regulate anticipated development within the
vicinity of the I-4/State Road 46 Interchange.I-4 High Intensity land uses shall include commerce,
industry, and high density residential development.
The rezone of the 5.16 acre parcel from AG, Agriculture to PD, Planned Development and
incorporation into the existing PD supports the Redevelop and Revitalize Disadvantaged
Communities strategic priority.The property is vacant and the applicant is proposing a commercial
development which could generate growth and revenue for the City.
On March 2,2017,the Planning and Zoning Commission considered the request and recommended
the City Commission rezone the 5.16 acre parcel from AG, Agriculture to PD, Planned
Development and add it to the Southridge PD as recommended by staff to create the Southridge
South PD subject to a Development Order that includes all recommended conditions.
On March 13,2017,the City Commission approved the first reading of Ordinance No. 4402.
The City Clerk published notice of the public hearing in the Sanford Herald on March 12, 2017.
LEGAL REVIEW:
The City Attorney has reviewed the staff report and has noted the following: Section 166.033,
Florida Statutes,provides as follows (please note emphasized text):
"(1) When reviewing an application for a development permit 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.Before
Page 2 of 5
a third request for additional information,the applicant must be offered a meeting to attempt
to resolve outstanding issues.Except as provided in subsection(4), 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.
(2) When a municipality denies an application for a development permit,the municipality
shall Live 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.
(3) As used in this section, the term "development permit" has the same meaning as in s.
163.3164,but does not include building permits.
(4) 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
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.
(5) Issuance of a development permit by a municipality does not in any way 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.
(6) 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).
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 Planning and Zoning Commission in the event of such occurrence. Accordingly, any motion
to deny must state,with particularity,the basis for the proposed denial.
The term "development order" is defined as follows and, as can be seen, refers to the "granting,
denying, or granting with conditions [ofd an application"
Page 3 of 5
"(15) `Development order' means any order granting, denying, or granting with conditions an
application for a development permit." (Section 163.3164(15),Florida Statutes).
RECOMMENDATION:
The Planning and Zoning Commission, along with Staff, recommend the City Commission
approve to rezone a 5.16 acre parcel from AG, Agriculture to PD, Planned Development and to
amend the approved Southridge Planned Development Master Plan by adding the 5.16 acres to the
Southridge PD, therefore creating the Southridge South PD, subject to a development order with
the following conditions:
1. Pursuant to Section 4.3.G of the Land Development Code of the City of Sanford ((Land
Development Regulations),), this rezoning shall expire 3 years from the effective date of
this Ordinance if all improvements have not been completed or an extension granted.
2. All development shall be consistent with the Southridge South PD Master Plan, dated as
received by the City on December 23, 2016, 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 PD property shall be in accordance with Schedule`B"
—Permitted uses, Land Development Regulations, for GC-2, General Commercial unless
otherwise specifically designated on the Southridge South PD noted above.
4. The final design and location of all driveways and access points shall be determined by
City staff during development plan review.
5. All signs located on the PD property shall be subject to an approved comprehensive sign
plan as established in Schedule"K", Sign Regulations, Land Development Regulations,.
6. Unless otherwise specified on the Southridge South PD Master Plan, all development shall
comply with setback and buffer requirements set forth in Schedule"J", Landscape,Buffer
and Tree Requirements, Land Development Regulations, and Schedule "E", Additional
Requirements And Provisions For Specific Uses,Section 1.0,Vehicular Uses And Welding
Establishments.
7. Any development within the wellfield protection zone shall comply with the applicable
City, State and Federal regulations and land use restrictions including Schedule "M" and
Schedule "P", Land Development Regulations, to ensure the City's potable water supply
is protected.
8. All requirements relating to wetland, endangered or threatened species and tree mitigation
as established in the City's Land Development Regulations shall be met prior to
development of the PD property.
9. The Property Owner shall install a decorative and functional fountain in all wet retention
ponds as part of development approval which approval shall provide for ongoing
maintenance requirements and responsibilities upon the appropriate party,but not the City.
10. The following design elements will be considered during the development plan review:
a. Site improvements occurring on the PD property 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.
Page 4 of 5
c. Unless specifically requested and approved on the PD Master Plan, any required
elements missing from or not shown on the PD Master Plan shall comply with the
City's Land Development Regulations.
11. The resolution of all disputes arising from development under the Southridge PD shall be
resolved by the Planning and Zoning Commission unless otherwise specifically provided
by controlling law.
Additional comments or recommendations may be presented by staff at the meeting.
SUGGESTED MOTION:
"I move to adopt Ordinance 4402 to rezone the 5.16 acre parcel from AG, Agriculture to PD,
Planned Development and add it to the Southridge PD to create the Southridge South PD as
recommended by staff and subject to a Development Order that includes all recommended
conditions."
Attachments: Project Information Sheet
Site Vicinity Map
Aerial Map
Affidavit of Ownership
Ordinance No. 3356
CAPP Summary
Southridge South PD Master Plan
Ordinance No. 4402
Page 5 of 5
PROJECT INFORMATION — 985 RINEHART ROAD — PD REZONE
� sR;d9 PROPOSED VEHICULAR DEALER SALES
Requested Action: Consider a request to amend the Southridge Planned Development Master Plan by
Rezoning a 5.16 acre parcel from AG,Agriculture to PD,Planned Development and
adding it to the Southridge PD to create the Southridge South PD Master Plan,a 12.8
acre commercial development for a proposed Vehicular Dealer Sales establishment.
.Proposed Use: Vehicular Dealer Sales establishment
Project Address: 985 Rinehart Road
Current Zoning: PD,Planned Development and AG,Agricultural
Tax Parcel Number(s): 32-19-30-300-00713-0000, 32-19-30-300-007C-0000, 32-19-30-300-007L-0000
32-19-30-300-007M-0000, 32-19-30-300-0220-0000
Site Area: 12.81 Acres(557,884 square feet)
Property Owner: Eoghan N. Kelley Family LP PMB 425
Manager: Christopher E.Kelley
4300 W. Lake Mary Boulevard, Suite 1010,PMB 425
Lake Mary, FL 32746
Applicant/Agent: Selby G. Weeks,P.E.
Klima Weeks Civil Engineering,Inc.
385 Douglas Road, Suite 2100
Altamonte Springs,FL 32714
407.478.8750
sweeks@klimaweeks.com
Commission District: District 4—Commissioner Patty Mahany
CAPP: A Citizens Awareness and Participation Plan meeting was held on November 10,
2016 to fulfill the requirements of the public hearing for the proposed PD rezoning.
A copy of the report is included.
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: I-4 High Intensity Center(HI)
Existing Land Use: Vacant Commercial
Surrounding Uses and Zoning:
Uses Zo_ nine
North Acura, Infiniti PD, Planned Development
South Solara Apartments, Vacant PD, Planned Development
East Vacant PD, Planned Development
West Interstate 4, SR 417 N/A
CONCURRENCY
Concurrency is a finding that public facilities and services necessary to support a proposed development are available, or
will be made available, concurrent with the impacts of the development. The concurrency facilities evaluated by the City
Pagel of 2
of Sanford include the following:
Drainage: The project shall comply to and be engineered to the adopted 25 Year,24 Hour
LOS/Storm Event.Note,the Land Development Regulations allows the Administrative
Official to increase the design frequency standard if deemed necessary.
Roadways: The traffic capacity demand for this project will be assessed during development review.
Water: Water services will be provided by the City of Sanford.
Sewer: Sewer services will be provided by the City of Sanford.
LOS Standard Facility Capacity**
Potable Water: 144 gal/capita/day 9.02 MGD(CUP Capacity)
Sanitary Sewer: 132 gal/capita/day 9.3 MGD
Solid Waste: 2.46 lbs/capita/day 21.5 million tons
The proposed overall demand of the project will be determined at the time of occupancy based on the actual use.
The City's Utility Department tracks water and wastewater capacities for all projects once a Florida Department of
Environmental Protection(FDEP)permit has been obtained. The available capacity for a proposed project is verified but
will not be reserved until a FDEP permit is obtained. Below is a breakdown provided by the City of Sanford Utility
Department for current usage within the City:
Potable Sanitary Sewer
Water
Recorded 3-month Average daily flow: - 6.73 MGD
Recorded 12-month Average daily flow: 7.504 MGD -
Projects with FDEP permits (not in service): 0.806 MGD 0.624 MGD
* Based on a 300 maximum unit capacity and the LOS Standards per the City's Comprehensive Plan
** As provided by the City of Sanford's Utility Department. (CUP—Consumptive Use Permit)
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AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
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Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
L Ownership
1, hereby attest to ownership of the property described below.
Tax Parcel Number(s): 32-19-30-300-007L-0000;32jl9-30-300-0220-0000;32-19-30-300-00713-0000;and 32-19-30-300-007C-0000
8S5FUneho�Roed' Sanford,' FL32771
for which this Planned Development Rezone(amending G»uthhdgoSouth PD) application iosubmitted hnthe City ofSanford.
U.Designation of Applicant's Agent(leave blank Ifnot applicable)
As the owner/applicant of the above designated property for which this affidavit is submitted, I designate the below named individual
as my agent in all matters pertaining to the application process. In authorizing the agent named below to represent me, or my
company, | attest that the application is mode in good tehb and that all infbnnaUnn contained in the application is accurate and
complete tothe best ofmypersonal knowledge.
Applicant's Agent(Pho0: Selby Weeks, p'E. Signature:
Agent Address: Klima Weeks Civil Engineering, |nu.' 385Douglas Avm, Ste.21OO.Altamonte Springs, FL32714
Email: ko U ke Phone: 4O7-478'87SUext.2O3 Fax:
Ill. Notice tmOwner
A. All changes in Ownership and/or Applicants 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. (ie.: limited to obtaining o certificate of concurrency;limited to obtaining a land use compliance certificate, etc.)
limited to PD rezoning process,including master plan approval and development agreement, as necessary and required
etc-
The owner of the real property associated with this application or procurement activity is a(check one)
o|ndividua| oCoqpmobon oLand Trust aPahnemhip oLimited Liability Company
FamilyLimited Partnership, F|Florida limited partnership
oOLher(demohbo) cvy'm//w Kelley
1 List all natural persons who have an ownership interest in the pmporty, which is the subject matter ofthis pstition, by name and
address.
2. For each corporation� list the name, address, and dU*oYeach officer;the name and address ofeach director ofthe coqpomtion;
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 ofinterest ofeach beneficiary. Ifenytruob»uorbenadciaryofatmativaooqporatinn. pioaeapnxidothainfbrmabon
required inparagraph 2above.
Name of Trust: N/A
. 4. For partnerships including limited partnerships, list the name and address of each principal inthe partnership, including general
or limited partners. If any partner is e corpomtion, please provide the information required in paragraph 2 above.
����� v�,�~������� �&� — /�����m� �����5k
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5. For each limited liability company, list the name, address, and title of each manager mmanaging member; and the name and
address of each additional member with two percent(2%) ormore membership interest. If any member with two percent(2%) or
more membership interest, manager, mmanaging member Iswcorporation, trust or partnership, please provide the information
required inparagraphs 2 3and/nr4ubnve -
. . /
Name wfLLC: N/A ,
6. In the ukzumobsnmes of a contract for 2urchM list the name and address of each contract purcheoer. If the purchaser Is n
corporation,trust,partnership,orLLC.pnovdethminfommobVnnaguin*dfur#hnoaantitieeinpaoagrapho2.3.4ond/or5ebove.
Name pfPurchaser. Headquarter Auto GofCentral Florida, LTD Floridasntn hi
Date ofContract:
NAME TITLE/OFFICEITRUSTEE ADDRESS %OF
OR BENEFICIARY INTEREST
(Use additional sheets for more epaun.)
T. 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
exonpbon, or variance involved with this Application to become void or for the submission for m procurement activity to be non-
responsive. | certify that | am legally authorized to execute this Affidavit and to bind the Applicant orVendor tothe disclosures
herein.
ZL741�1�
STATE OF FLORIDA « / /
COUNTY OF K
Sworn to (or affirmed) and subscribed before me by � .as general partner mEoghanw.Kelley Family limited Partnership
on this 7�r� doy 2016
Signature of Print,Type or Stamp Nampf Notary Public
�rublic
onally Known 1:1
--OR Produced Identification-- imn R.Eddy
Type ofIdentification Produced Stow m@Fodd& (
�*�2o��'
~ snm.w��1
Affidavit mOwnership.January 2015 � �m�����00 4150
2
' -
ORDINANCE NO. 3356
/ AN ORDINANCE OFTHE CITY OF SANFORD, FLORIDA,
AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID
ORDINANCE BEING A ZONING PLAN;SAID AMENDMENTS
CHANGING THE ZONING OF A PORTION OF THAT
CERTAIN PROPERTY BETWEEN TWIN LAKE ROAD S.
EXTENDED WESTERLY AND pAOLA ROAD AND
BETWEEN 1-4(SR 400)AND TOWNE CENTER BLVD.;TO
AMEND THE EXISTING SOUTHRIDGE PD TO AMEND
PERMITTED USES AND ADD 1.67 ACRES(FROM AG TO
« . PD); PROVIDING FOR SEVERABILITY, CONFLICTS AND
`
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
8ANFORD. FLC]RiDA:
SECTION�� That Ordinance No. 3117ofthe City ofSanford, Florida-passed and
adopted July 27, 1992, said Ordinance being the Comprehensive Zoning Ordinance of the
City of 8anhoni. Florida, regulating and restricting the location and use of buildings,
structures, |ond, and water for trade, induotry, residence orother purpose, be and the
same is hereby amended as follows:
SEE ATTACHED EXHIBIT'A"
be and the same is hereby amended and the Southridge PD Planned Development Master
Plan attached as Exhibit"B"is included herein by reference as if fully set forth herein and
the following three conditions are included:
A. Development shall comply with information and notes depicted on the
SouthhdgaPlanned Development Master Plan, revised July 27. 1987. and
with supplementary materials submitted with the Planned Development
[
Project application.
'
-
B. All outdoor mtpraQeand/or display of merchandise oheU be permitted by
conditional use approval ofthe Planning and Zoning Commission. The term
"outdoor storage and/or display oymerchandkme.^ refers to retail sales and
services uses as defined in the City of Sanford Land Development
Regulations. The term, "outdoor storage and/or display," specifically
excludes the display and/or storage of automobiles, trucks and/or recreation
vehicles.
[[ To the extent that best site plan practices oUow, automotive and similar
vehicular repair and service facilities aho{| be sited aothat drive bays,
overhead doors and other similar openings bo service areas shall not face
Rinehart Road.
SECTION 2: Severabft. Ifany section nrportion ofesection ofthis Ordinance
pnn/ao to be invalid, unlawful or unconstitutional it ohe||not he held to impair the validity,
force mreffect ofany other section orpart pfmsection ofthis Ordinance.
SECTION 3; Conflicts. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby revoked.
SECTION 4• Effective_ Date. That this Ordinance shall become effective
immediately upon its passage and adoption.
PASSED AND ADOPTED this day of A.D. 1997.
ATTEST:.
R
ITY CLERK
As the City Commission of the
City of Sanford, Florida
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 3356, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on thelZ�-day of
1997,was posted at the front door of the City Hail in the City of Sanford,
Florida, on the/(A day of 1997.
AVthe-CJtyCl6rkoft City e
of Sanford, Florida
f:lfifes119971sanfordlwdG35S:nah
Ordinance No. 3356
EXHIBIT "All
LEGAL DESCRIPTION: Beginning at a point 352.36' E of the NW Cor of the SW 1/4
of Sec '32, Twp 19S, Rge 30E; thence -run -N89"41'03"E, ,801.46' ; thence' run .
S00°2911711E, 1339.90' ; thence continue S00029117"9, 324..90' ; thence run
S89014158"W, 975.88' ; thence run- S0002414311E, 990' ; thence run S89014 .58"W,
180.181 ; thence run N00024'43"W, 999.551 ; thence run N23143125"E, 1424.60.' ;
thence run S8903525"W, 392.95! ; thence run N231143'25"E, 3984151 to point of
beginning less road right-of-way (contains 37.29 acres more or less) . Subject
to 200' wide Florida Power Corporation easement. And in addition: That part of:
Begin 2.73 chains E of the SW cor of Sec 32, Twp 19S,- Rge 30E; thence run E 18
chains; thence N111E 15.10 chains; thence W 21 chains; thence S 15 chains to
point of beginning; lying within the following described boundaries, to wit:
.Begin on the S boundary of Sec 31, Twp 19S, Rge 30E at .a point 850.83' W* of the
SE Cor thereof; run thence N23152'59"E' 2411.011 ; thence N89043159"E, 738.211 ;
thence S 20*38'55"W, 2095.13' ; thence S00016'01"E, 367.96' to the S boundary of
Sec 32, Twp 19S, Rge 30E, at a point 180.181 E from the SW cor thereof, run
thence -S 89159159"W, 1031.01' along the S boundary of Secs 31 and 32, Twp 19S,
Rge 30E to the point of beginning: containing 1.60 acres more or less—
The property being more generally described as 5000 C.R. 46A..
Citizen Awareness and Participation Plan Report
for Property located at 995 Rinehart Road
I. Overview
a, The Project: Headquarter Auto Group of Central Florida, Ltd. ("Headquarter")
proposes to develop a new automobile dealership on property located at 995
Rinehart Road, Sanford, FL. The subject property consists of five parcels, (Parcel
ID numbers: 32-19-30-300-007L-0000; 32-19-30-300-0220-0000; 32-19-20-300-
00713-0000; 32-19-20-300-007C-0000; and, 32-29-30-300-007M-0000), four of
which are currently a part of the Southridge South PD. The westernmost parcel
was not included in the original PD and currently has AG zoning: Headquarter
seeks to rezone the AG parcel to PD and to modify the Southridge South PD
master plan to include the proposed new car dealership, generally as depicted on
the conceptual site plan attached hereto as Exhibit"A."
b. The Community Meeting: A Community Meeting for the contemplated PD
rezoning was held on Thursday, November 10, 2016 at 6:00 pm at Bentley
Elementary School, 2190 S Oregon Ave, Sanford, Florida 32771. The meeting
was required as part of the Citizen Awareness and Participation Plan ("CAPP")
submitted in conjunction with the application for PD rezoning.
II. List of affected parties (with addresses)that were notified of proposed project and
invited to the Community Meeting.
a. See Exhibit`B"attached hereto
III. Number of Neighborhood Meeting Notices distributed.
a. Twenty-six (26) notices were mailed to property owners within 500 feet of the
subject property. Additionally notice was delivered electronically to the City of
Sanford and the property manager of the Solara Luxury Condominiums near the
subject property for distribution to the tenants, as proposed by Headquarter and
approved by the City of Sanford as part of the CAPP. See Exhibits "C" and "D"
attached hereto.
IV. A copy of the Community Meeting Notice.
a. Attached as Exhibit"D."
V. Neighborhood Meeting Distribution Date and Method.
a. The notices were mailed and sent via email on Tuesday, October 25, 2016.
VI. The date and locations of the Neighborhood Meeting.
ORLDOCS 15051732 1
a. November 10, 2016
b. Bentley Elementary School located at 2190 S Oregon Ave, Sanford, Florida
32771
c. 6:00 pm to 6:45 pm
VII. The number of people that participated in the Neighborhood Meeting.
a. The meeting was attended by Project Engineer, Selby Weeks, P.E.; Project
Architect, Danny Gordon, AIA, LEED AP; Project Land Use Attorney, Scott
Glass, J.D., B.C.S.; and by Mr. Alan Fulmer, owner of Parcel ID: 32-19-30-301-
008E-0000, which is the property located immediately south of the Solara
Luxury Apartments.
VIII. Name and Contact information for the Neighborhood Meeting participants.
a. Attendance sheet attached as Exhibit"E."
IX. A record of all phone calls and emails received, with a description of concerns,
issues, and/or problems discussed and contact information of caller.
Date Call or Email Contact Information Concern/Issue
11/2/16 John J. Kendrick, Assistant General Counsel, Mr. Kendrick advised that he
Automotive Management Svcs.,Inc., represents Infiniti of Sanford.
505 S. Flagler Drive, Suite 1400 He requested a copy of the
West Palm Beach, FL 33401 proposed development plan.
Ph.: 561-655-8900, ext. 136 A copy of the conceptual site
Email: jkendrick@amsinet.com plan, as shown on Exhibit
"A," was provided to him
along with an invitation to call
or e-mail with any questions
or concerns he might have.
No follow up call or e-mail
has been received to date.
11/11/16 No further calls or emails were received as of
the date of this report. A comment sheet(see,
Exhibit "F") and project team contact
information was made available at the
Community Meeting. Mr. Fulmer took a
comment sheet in case his wife had any
questions or comments after he reported back
to her regarding the meeting.
ORLDOCS 150517321
X. A summary of concerns, issues and/or problems expressed at the Neighborhood
Meeting.
Mr. Fulmer's primary concern was whether there would be any access from the
property to Cherry Laurel Road, He explained that he has plans to develop his
property in the future and would prefer that no farther traffic be placed on Cherry
Laurel. We explained that our project does not intend to have such access and, in
fact, it is our intent to have our inventory storage and vehicle prep area secured with
access only for employees and only from our shared driveway with Infiniti, He was
happy with that answer and then asked us if we knew what is planned for the property
to the east of the subject property and west of Cherry Laurel. We explained that that
property is not a part of the Southridge South PD and that we have no information
about it. His primary concern continued to be the number of trips that would
eventually be added to Cherry Laurel from that property. He then asked a number of
questions about the proposed Headquarter project, including questions regarding
buffering, layout, location of employee parking, and potential height of the building.
All questions were answered to his satisfaction and he advised us that he has no
objection to the proposed development and wished us luck. He took business cards
from each of the project team members, as well as a blank comment sheet, and told us
he would call or e-mail if he thinks of any other questions.
XI. How applicant plans to address issues
a. No issues were raised.
XII. Concerns, issues and problems the applicant is unwilling or unable to address
a. No issues were raised.
Respectfully submitted this
ff"hy of November, 2016
Scott A. Glass, J.D., B.C.S.
ORLDOCS 15051732 1
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B-1 PROPERTY MGMT LLLP FULMER ALAN E&PATRICIA A SANFORD CITY OF
6424 PINE CASTLE BLVD STE A PO BOX 952458 PO BOX 1788
ORLANDO FL 32809 LAKE MARY FL 32795 SANFORD FL 32772
BHUIYAN SHABNAM M HOTEL AND RESORT INV LLC SEMINOLE B CC
COUNTY SERV BLDG
1007 VIA COMO PL 2885 ALOMA LAKE RUN 1101 E 1ST ST
LAKE MARY FL 32746 OVIEDO FL 32765 SANFORD FL 32771
BRANT H MICHAEL& KLEIN ANNE R TRUST SINGLETON JUDITH D
BRANT BETTY A FBO
1546 KATIE CV 76534 BEGONIA W 275 KIPLING CT
SANFORD FL 32771 PALM DESERT CA 92211 LAKE MARY FL 32746
CARSON LINDA D LAKES EDGE APARTMENTS LLC SOLARA HOLDINGS-CJ LLC&
STE 300 SOLARA HOLDINGS-IWM LLC ET AL
612 ARBOR LAKES CIR BLDG 6 600 N HURSTBOURNE PARKWAY 7020 FAIN PARK DR STE 5
SANFORD FL 32771 LOUISVILLE KY 40222 MONTGOMERY AL 36117
CMI-LAKE MARY INC LIU EUGENE& TT OF SANFORD INC
C/O STEWART SERVICES INC YANG HONG
PO BOX 11250 20 SULLIVAN ST 505 S FLAGLER DR STE 700
NEW ORLEANS LA 70181 LEXINGTON MA 02402 WEST PALM BEACH FL 33401
COFFEY JOHN NIFLHEIM PROPERTIES LLC ZHAO XIN
614 ARBOR LAKES CIR 744 CASTRO ST#2 711 ARBOR LAKES CIR
SANFORD FL 32771 SAN FRANCISCO CA 94114 SANFORD FL 32771
DON MEALEY IMPORTS INC PACIFICA ARBOR LAKES LLC
C/O COURTESY ACURA
1001 RINEHART RD 1775 HANCOCK ST STE 200
SANFORD FL 32771 SAN DIEGO CA 92110
EL-AD ARBOR LAKES LLC REICH JAMES
1301 INTERNATIONAL PKWY#200 927 MILLER ST
SUNRISE FL 33323 ALLENTOWN PA 18103
ELITE TRUST&ESCROW CO LLC RINEHART PLACE PROPERTY
OWNERS ASSN INC
225 S WESTMONTE DR STE 2040 250120TH PL S
ALTAMONTE SPRINGS FL 32714 BIRMINGHAM AL 35223
EOGHAN N KELLEY FAMILY LP SAM'S EAST INC
PMB 425 MS 0555
4300 W LAKE MARY BLVD#11010 PO BOX 8050
LAKE MARY FL 32746 BENTONVILLE AR 72712
EXHIBIT B
Scott A. Glass
:rom: Celeste A.Thacker
Sent: Tuesday,October 25, 2016 2:37 PM
To: jsellers@bandm.org'
Cc: Scott A.Glass
Subject: Notice of community meeting
Attachments: Sanford CAP Letter.pdf
Good afternoon John,
We spoke last month about sending a community meeting notice out to the residents of the Solara regarding potential
improvements to property near to Solara. Please see the attached notice and distribute to your tenants this week. I
would greatly appreciate if you would send me confirmation of the distribution. I am available if you have any
questions. Thank you for your assistance.
SAM
Celeste A. Thacker
Attorney at Law
Shutts & Bowen LLP
00 South Orange Avenue, Suite 1000 1 Orlando, FL 32801
Direct: (407) 835-6933 1 Fax: (407) 849-7257
E-Mail I Website
Please consider the environment before printing this email
1 EXHIBIT C
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October 24,2016
Dear Property Owner:
Headquarter Auto Group of Central Florida,Ltd.("Headquarter"),invites you to attend a neighborhood meeting
to discuss an application for a proposed rezoning to a Planned Development("PD")to facilitate a new automobile
dealership to be located on a 10.03+acre parcel near the northeast corner of the intersection of Rinehart Road
and C.R.46A(a/k/a H.E. Thomas Jr.Parkway).The meeting will be held at the following time and place:
BENTLEY ELEMENTARY SCHOOL(Meeting located in the Cafeteria)
2190 S OREGON AVE, SANFORD,FLORIDA 32771
NOVEMBER 10,2016 at 6:00 p.m.—7:00 p.m.
Headquarter intends to submit an application for PD rezoning to the City of Sanford,together with a proposed
Development Plan. The Development Plan shows a proposed new automobile dealership fronting on Rinehart
Road including a valet drop off area,showroom,lobby,service center,and attendant parking. The Development
Plan also shows a secure vehicle inventory storage lot and prep area to the northeast of the proposed dealership
building and behind(to the east of)the existing Infiniti dealership.
The dealership building will be of a modern,state-of-the-art design,with access via a shared driveway with the
existing Infiniti dealership. The secure inventory storage and prep area will be accessible only to employees and
will preclude through traffic. It will contain a vehicle wash station as well as a building with vacuum bays for
new car prep. The development plan shows a masonry landscape wall, a 25' landscape buffer and a 50 foot
setback separating the inventory storage area from the property to the south, with approximately another 100
feet between the setback and the nearest vacuum bay.
Given the type of development proposed,the impacts to the community will be those typically associated with
automobile dealerships, such as potential additional vehicle trips on nearby roads, periodic delivery of new
vehicles via car carrier, et cetera.
Headquarter would Iike to address any comments and concerns you may have regarding this proposal.
Representatives from the City of Sanford have also been invited to attend this meeting. Please call Selby Weeks,
P.E., at Klima/Weeks Civil Engineering at 407478-8750, extension 203 prior to the meeting if you have any
questions regarding the proposed development. We look forward to meeting you.
Sincerely,
Klima Weeks Civil Engineering,Inc.
Selby DIORa0y,0 Id TMAACFeak
M aus.Pida.TO))tMEGBOfklGff
TeVm '9.._-XUdAWEEMCMt
ENGINEERING)NG_-Selby Weeks,
Weeks a�.IACI 0W WO.25 WOR1-0r0ar!00000
Selby G.Weeks,P.E.,LEED,AP
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October 24,2016
Dear Property Owner:
Headquarter Auto Group of Central Florida,Ltd.("Headquarter"),invites you to attend a neighborhood meeting
to discuss an application for a proposed rezoning to a Planned Development("PD")to facilitate a new automobile
dealership to be located on a 10.03+acre parcel near the northeast corner of the intersection of Rinehart Road
and C.R.46A(a/k/a H.E. Thomas Jr.Parkway).The meeting will be held at the following time and place:
BENTLEY ELEMENTARY SCHOOL(Meeting located in the Cafeteria)
2190 S OREGON AVE,SANFORD,FLORIDA 32771
NOVEMBER 10,2016 at 6:00 p.m.—7:00 p.m.
Headquarter intends to submit an application for PD rezoning to the City of Sanford,together with a proposed
Development Plan. The Development Plan shows a proposed new automobile dealership fronting on Rinehart
Road including a valet drop off area,showroom,lobby,service center,and attendant parking. The Development
Plan also shows a secure vehicle inventory storage lot and prep area to the northeast of the proposed dealership
building and behind(to the east of)the existing Infiniti dealership.
The dealership building will be of a modern,state-of-the-art design,with access via a shared driveway with the
existing Infiniti dealership. The secure inventory storage and prep area will be accessible only to employees and
will preclude through traffic. It will contain a vehicle wash station as well as a building with vacuum bays for
new car prep. The development plan shows a masonry landscape wall, a 25' landscape buffer and a 50 foot
setback separating the inventory storage area from the property to the south, with approximately another 100
feet between the setback and the nearest vacuum bay.
Given the type of development proposed,the impacts to the community will be those typically associated with
automobile dealerships, such as potential additional vehicle trips on nearby roads, periodic delivery of new
vehicles via car carrier,et cetera.
Headquarter would like to address any comments and concerns you may have regarding this proposal.
Representatives from the City of Sanford have also been invited to attend this meeting. Please call Selby Weeks,
P.E., at Klima/Weeks Civil Engineering at 407-478-8750, extension 203 prior to the meeting if you have any
questions regarding the proposed development. We look forward to meeting you.
Sincerely,
Klima Weeks Civil Engineering,Inc.
egpnetasymaW¢d y Selby .4dmTvt,ACu8v
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0-MMA WEEKS CML
ENC MEERM INC WSdbyW.&k
Weeks D K�6�RR0WAE09 0 9100000
Selby G.Weeks,P.E.,LEED,AP
Principal
EXHIBIT D
SIGN IN SHEET
November 10, 2016, community meeting regarding a proposed
new automobile dealership to be located at 995 Rinehart Road, Sanford, FL
Name Email or Postal Address
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EXHIBIT E
Comment Sheet
November 10, 2016
Community Meeting
Bentley Elem. School
2190 S. Oregon Ave.
Sanford, FL 32771
Re: Proposed PD Amendment for development of a new automobile dealership to be
located at 995 Rinehart Road, Sanford, FL
Name:
Address:
E-mail:
Comments:
EXHIBIT F
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