4452 Rezone 2247 Marquette AveOrdinance No. 2018-4452
An ordinance of the City of Sanford, Florida relating to the Juarez &
Associates, Inc. Planned Development (PD) and approving a PD
master plan; providing for the rezoning of real property located at
2247 Marquette Avenue and assigned Tax Parcel Identification
Number 08-20-31-300-0330-0000 within the City Limits (map of the
subject 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, an application has been submitted proposing to rezone property
located at 2247 Marquette Avenue as a Planned Development (PD) zoning
classification/district being named the Juarez & Associates, Inc. PD; and
Whereas, the PD master plan relates to 6.4 acres of real property proposed for
a proposed mixed use residential/commercial/industrial project; and
Whereas, the PD property is located on the south side of Marquette Avenue
just west of the intersection of Red Cleveland Boulevard; and
Whereas, the PD property is currently assigned the AG, Agriculture zoning
classification/district under the Land Development Regulations/Land Development Code
(LDRs) of the City and is assigned the AIC, Airport Industry and Commerce, future land
use designation under the City's Comprehensive Plan; and
Whereas, the Property Owner of the PD property is Goldchem, LLC; and
Whereas, the applicant for the PD approval is applicant of record is William E.
Burkett, P. E. of Burkett Engineering; and
Whereas, a Citizen Awareness and Participation Plan (CAPP) meeting the
requirements of the City has been submitted to the City and that process included a
meeting held on January 18, 2018 all of which was accomplished by the applicant; 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 City's LDRs, and the controlling
provisions of State law; provided, however, that the requirements of this Ordinance must
be adhered to relative to attaining the required assignment of a land use designation
consistent with the requirements of this Ordinance; 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 April 5, 2018 the Planning and Zoning Commission
recommended approval of the rezoning request; 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 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 PD rezoning action set forth herein in accordance with the
requirements and procedures mandated by State law.
Now, therefore, be in enacted by the People of the City of Sanford, Florida.
21'
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 have 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; the Juarez &
Associates, Inc. PD.
(a), Upon enactment of this Ordinance the subject property, as depicted in the
map attached to this Ordinance shall be rezoned from the AG, Agriculture zoning
classification/district to the Juarez & Associates, Inc. PD zoning classification consistent
with the provisions of this Ordinance.
(b). The City Manager, or designee, is hereby authorized to execute any
documents necessary to formalize approval of the rezoning action taken herein with
regard to the Juarez & Associates, Inc. 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 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.
(2). All development shall be consistent with the Juarez & Associates, Inc. PD
Master Plan, dated as received by the City on March 28, 2018, 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). Unless specifically requested and approved on the Juarez & Associates,
Inc. PD Master Plan or the associated development order, any required elements missing
from or not shown on the PD Master Plan shall otherwise comply with the LDRs.
(4). All land use activities conducted on site shall be in accordance with
Schedule B — Permitted Uses, LDRs, for GC -2, General Commercial, and RI -1,
Restricted Commercial, zoning districts/classifications with the exception of those uses
specifically prohibited on the PD Master Plan. 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. All activities shall be conducted indoors,
including any storage or assembly.
(5). Residential uses with a density of no less than 12 dwelling units per acre
and vehicular uses may be established by way of the approval of a conditional use, with
the exception of vehicle dealer sales, which is a prohibited use.
(6). If any subdivision is proposed on the subject property, a preliminary
subdivision plan and subdivision improvement plan shall be submitted and subject to
approval by the City with all construction activity being subject to approval by the City,
with a subsequent subdivision plat being reviewed, approved and recorded, in
accordance with the provisions of Chapter 177, Florida Statutes, prior to the issuance of
any certificates of occupancy.
(7). Any subdivision of the PD property shall result in lots that meet the
minimum area and dimensional standards as established in the LDRs for properties
assigned the RI -1, Restricted Industrial, zoning district/classification including the
following:
(a). The minimum lot size of any subdivided parcels shall be
10,000 square feet and 100 feet in width.
(b). The minimum side yard setback shall be 15 feet.
(8). An overall Comprehensive Sign Plan shall be established as regulated in
Schedule K, Sign Regulations, LDRs. The signage shown on the PD Master Plan is
conceptual and not approved in conjunction with this Ordinance. All signage shall be
reviewed and approved separately.
(9). All requirements relating to tree mitigation as established in the LDRs shall
be met prior to development of the site.
(10). A decorative and functional fountain shall be installed 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.
(11). All commercial elements of the development shall be in accordance with
Schedule "G" — Architectural Design Standards, LDRs.
(12). In the event of residential development, the Property Owner agrees to
record an airport avigation easement in a form acceptable to the City if the City
determines that such easement is required. Additionally, all sales documents,
declarations of covenants, conditions and restrictions and instruments of conveyance
including, but not limited to residential leases, shall disclose the likelihood of resulting
noise from proximate aviation uses.
(13). 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.
(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 LDRs.
,r
(14). The resolution of all disputes arising from development under the Juarez &
Associates, Inc. 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 the Juarez &
Associates, Inc. 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
Juarez & Associates, Inc. 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 be not be codified in the City Code of the City of
Sanford or the LDRs; provided, however, that the actions taken herein shall be depicted
on the zoning maps of the City of Sanford by the City Manager, or designee.
(b). The City Manager, or designee, shall implement the provisions of this
Ordinance by means of a non -statutory development agreement which shall be executed
by the Property Owner within 60 days of the effective date of this Ordinance or the subject
property's zoning classification shall revert to an un -zoned property status.
Section 7. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 14th day of May, 2018.
Attest:
Traci Houchin, City Clerk
City Com. sion of the City of
rid
Sanford, F�h
Approved as to form and legal suffic
Ile,
✓
William L. Colbert, City Attorney
WS RM
Item No.
CITY COMMISSION MEMORANDUM 18.104
MAY 14, 2®1 S
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP, Development Services anam
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Rezone 6.4 acres from AG, Agriculture to , Plan ed Development at
2247 Marquette Avenue
THIS IS A QUASI-JUDICIAL. MATTERND, AS SUCH, REQUIRES
DISCLOSURE OF ALL EX -PARTE COMMUNICATIONS, INVESTIGATIONS,
SITE VISITS AND EXPERT OPINIONS REGARDING THIS MATTER.
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
® Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A request to Rezone 6.4 acres from AG, Agriculture to PD, Planned Development at 2247
Marquette Avenue for Juarez & Associates, Inc. Planned Development, a proposed mixed use
residential/commercial/industrial project has been received.
The property owner and is Goldchem, LLC. The applicant of record is William E. Burkett, PE of
Burkett Engineering who was responsible for completing the CAPP (Citizens Awareness and
Participation Plan) meeting on January 18, 2018.
The Affidavit of Ownership and Designation of Agent form is attached and additional information
is available in order to ensure that all potential conflicts of interest are capable of being discerned.
FISCALISTAFFING STATEMENT:
According to the Property Appraiser's records, the subject property is vacant. Based on the 2017
property tax roll, the existing property has an assessed value of $120,120. The total tax bill for the
property in 2017 was $1,752.81. It is the applicant's intent to use the property for commercial
purposes which if the rezone is approved will facilitate new non-residential construction and
additional tax revenue to the City. The property is not within a Planning Area of the 2015 Seminole
County/City of Sanford Joint Planning Area.
No additional staffing is anticipated if the Planned Development is approved.
BACKGROUND:
The 6.4 -acre property is located on the south side of Marquette Avenue just west of the intersection
of Red Cleveland Boulevard. It is a flag shaped lot that runs south to where Red Cleveland
Boulevard shifts west and connects with Lake Mary Boulevard. The property is currently zoned
AG, Agriculture with an underlying Future Land Use of AIC, Airport Industry and Commerce.
The AIC land use district is a high-intensity mixed use policy for managing lands comprised of the
Orlando Sanford Airport and adjacent lands capable of supporting a variety of residential rental
properties and commercial and industrial uses.
The Airport Industry and Commerce designation is intended to encourage the expansion of
industrial land uses in areas where airport noise impacts will prohibit residential development and
provide additional areas for mixed-use development that would be compatible with airport
operations. The land use mix in the AIC is intended to provide a full range of urban services and
facilities including:
• Industrial and Business Parks;
• Office Complexes;
• Commercial and retail developments;
• Service and hotel uses; and
• Medium to high density rental multifamily residential developments.
Development within the "AIC" designated area may be developed as a "Planned Development". As
a "PD", all new development shall be required to address infrastructure needs, provision of services,
development phasing, development intensity and land use compatibility as part of an integrated design
scheme which includes very detailed strategies and techniques for resolving development impacts.
The applicant has submitted for a PD rezone to tailor a development intended to address specific
needs of the population as it relates to the adjacent airport.
Staff has reviewed the information provided and feels the plan is generally consistent with the AIC
Land Use classification; however, the development standards proposed may require additional
consideration in determining their consistency with the adjacent uses and the equivalent zonings
which they are designed to parallel.
The creation of the Juarez & Associates, Inc. PD Master Plan, which is proposed to allow a mix
of uses that could potentially include residential, commercial and/or industrial development, would
be consistent with the intent and purpose of the AIC, Airport Industry and Commerce designation.
The Juarez & Associates, Inc. Planned Development supports the Redevelop and Revitalize
Disadvantaged Communities strategic priority. The property is currently vacant and the applicant's
proposal for a project with a broad spectrum of uses that has the potential to be an economic
amenity for the City in a rapidly developing area of the City.
DENSITY/INTENSITY (MAXIMUM)
LAND USE DESIGNATIONS
MAP
PERCENTA GE DISTRIB UTION (MIN/MAX)
SYMBOL
COMMERCIAL
INDUSTRIAL
RESIDENTIAL
50 du/acre (MF)
Mixed
Airport Industry &
1.0 FAR
1.0 FAR
1 du/acre (SF)
Use
Commerce
AIC
Districts
25%175%
50%175%
0%/10%
The Airport Industry and Commerce designation is intended to encourage the expansion of
industrial land uses in areas where airport noise impacts will prohibit residential development and
provide additional areas for mixed-use development that would be compatible with airport
operations. The land use mix in the AIC is intended to provide a full range of urban services and
facilities including:
• Industrial and Business Parks;
• Office Complexes;
• Commercial and retail developments;
• Service and hotel uses; and
• Medium to high density rental multifamily residential developments.
Development within the "AIC" designated area may be developed as a "Planned Development". As
a "PD", all new development shall be required to address infrastructure needs, provision of services,
development phasing, development intensity and land use compatibility as part of an integrated design
scheme which includes very detailed strategies and techniques for resolving development impacts.
The applicant has submitted for a PD rezone to tailor a development intended to address specific
needs of the population as it relates to the adjacent airport.
Staff has reviewed the information provided and feels the plan is generally consistent with the AIC
Land Use classification; however, the development standards proposed may require additional
consideration in determining their consistency with the adjacent uses and the equivalent zonings
which they are designed to parallel.
The creation of the Juarez & Associates, Inc. PD Master Plan, which is proposed to allow a mix
of uses that could potentially include residential, commercial and/or industrial development, would
be consistent with the intent and purpose of the AIC, Airport Industry and Commerce designation.
The Juarez & Associates, Inc. Planned Development supports the Redevelop and Revitalize
Disadvantaged Communities strategic priority. The property is currently vacant and the applicant's
proposal for a project with a broad spectrum of uses that has the potential to be an economic
amenity for the City in a rapidly developing area of the City.
The Planning and Zoning Commission held a public hearing on April 5, 2018 to consider the
request and recommended the City Commission adopt an ordinance to 6.4 acres from AG,
Agriculture to PD, Planned Development at 2247 Marquette Avenue for Juarez & Associates, Inc.
Planned Development subject to a development order with the with the conditions as
recommended by staff with one additional condition that states:
1. In the event of residential development, the Property Owner agrees to record an airport
avigation easement in a form acceptable to the City if the City determines that such
easement is required. Additionally, all sales documents, declarations of covenants,
conditions and restrictions and instruments of conveyance including, but not limited to
residential leases, shall disclose the likelihood of resulting noise from proximate
aviation uses.
The City Commission approved the first reading of Ordinance No. 4452 on April 23, 2018.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on May 6, 2018.
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
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 give written notice to the applicant. The notice must include a citation to the
applicable portions of an ordinance, rule, statute, or other legal authority for the denial
of the permit.
(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 [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).
RECOMMENDATION:
The Planning and Zoning Commission recommends the City Commission adopt an ordinance to
rezone 6.4 acres from AG, Agriculture to PD, Planned Development at 2247 Marquette Avenue
for Juarez & Associates, Inc. Planned Development, a proposed mixed use
residential/commercial/industrial project subject to a Development Order with the following
conditions recommended by staff:
1. Pursuant to Section 4.3.G of the Land Development Regulations (LDR) of the City of
Sanford, 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 Juarez & Associates, Inc. PD Master Plan,
dated as received by the City on March 28, 2018 unless otherwise specifically set forth in
any associated development order; provided, however, that all subsequent development
orders shall be consistent with the provisions of this Ordinance.
3. Unless specifically requested and approved on the Juarez & Associates, Inc. Planned
Development Master Plan or the associated development order, any required elements
missing from or not shown on the PD Master Plan shall otherwise comply with the City's
Land Development Regulations, LDR.
4. All land use activities conducted on site shall be in accordance with Schedule B —
Permitted Uses, LDR for GC -2, General Commercial and RI -1, Restricted Commercial
zoning with the exception of those uses specifically prohibited on the PD Master Plan.
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. All activities shall be
conducted indoors, including any storage or assembly.
5. Residential uses with a density of no less than 12 dwelling units per acre and vehicular
uses may be established by way of Conditional Use, with the exception of Vehicle Dealer
Sales, which shall be prohibited.
6. If any subdivision is proposed on the subject property, a preliminary subdivision plan and
subdivision improvement plan shall be submitted and subject to approval by the City with
all construction activity being subject to approval by the City, with a subsequent
subdivision plat being reviewed, approved and recorded, in accordance with the provisions
of Chapter 177, Florida Statutes, prior to the issuance of any certificates of occupancy.
7. Any subdivision of the property shall result in lots that meet the minimum area and
dimensional standards as established in the LDR for RI -1, Restricted industrial including
the following:
a. Minimum lot size of any subdivided parcels shall be no less than 10,000 square feet
and 100 feet in width
b. Minimum Side Yard setback shall be no less than 15 feet
8. An overall Comprehensive Sign Plan shall be established as regulated in Schedule K, Sign
Regulations, LDR. The signage shown on the PD Master Plan is conceptual and not
approved in conjunction with this PD amendment. All signage will be reviewed and
approved under separate cover.
9. All requirements relating to tree mitigation as established in the City's LDR shall be met
prior to development of the site.
10. A decorative and functional fountain shall be installed 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.
11. All commercial elements of the development shall be in accordance with Schedule "G" —
Architectural Design Standards, of the City's Land Development Regulations as defined
therein.
12. In the event of residential development, the Property Owner agrees to record an airport
avigation easement in a form acceptable to the City if the City determines that such
easement is required. Additionally, all sales documents, declarations of covenants,
conditions and restrictions and instruments of conveyance including, but not limited to
residential leases, shall disclose the likelihood of resulting noise from proximate aviation
uses.
13. The following design elements will be considered during the development plan review
process of each building and surrounding infrastructure:
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.
14. Any dispute relative to the aforementioned 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.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4452 to rezone 6.4 acres of property with a project address of
2247 Marquette Avenue from AG, Agriculture to PD, Planned Development for the Juarez &
Associates, Inc. PD subject to a Development Order containing the conditions as recommended
by staff and the Planning and Zoning Commission."
Attachments: Project Information Sheet
Site Vicinity Map
Aerial Map
Applicant's Affidavits of Ownership and Designation of Agent
CAPP Report
PD Master Plan received on 3/28/18
Ordinance No. 4452
Requested Action:
Proposed Use:
Project Address:
Current Zoning:
Current Land Use:
Legal Description:
Tax Parcel Number:
Site Area:
Property Owner.
Applicant/Agent:
CAPP Meeting:
Commission
District:
PROJECT INFORMATION -- 2247 MARQUE'TTE. AVENUE
PD REZONE -- .JUAREZ AND AsEOCIATES
Rezone from AG, Agriculture to PD, Planned Development for Juarez & Associates, Inc.
Mixed use residential/commercial/industrial development
2247 Marquette Avenue
AG, Agriculture
Vacant
SEC 08 TWP 20S RGE 31E, E 1/4 OF THE NE 1/4 OF SW '/4 (LESS N 300 FT OF E 227
FT & ROADS)
08-20-31-300-0330-0000
6.4 acres
Goldchem, LLC
535 Julie Lane
Winter Springs, Florida 32708
William E. Burkett, PE
Burkett Engineering
105 E Robinson Street, Suite 105
Orlando, Florida 32801
Phone 407.246.1260 Fax 407.246.0423
wburkett ca.burketten ing eerin2.com
A CAPP meeting was held on January 18, 2018 at the Seminole County Sports Complex
District 1 — Commissioner Art Woodruff
COMPREHENSIVE PLAN COMPLIANCE REVIEW
Planning staff has reviewed the request and has determined the use and proposed improvements to be consistent with
the Goals, Objectives and Policies of the Comprehensive Plan.
Future Land Use: AIC, Airport Industry and Commerce
Existing Land Use: Vacant
Surrounding Uses and Zoning:
Zoning
North PD, Planned Development
South MI -2, Medium Industrial
Right of Way
East Right of Way
West AG, Agriculture
Use
Air Simulator Building, TBI Holdings PD
Retention
Red Cleveland Right of Way
Red Cleveland Boulevard/Airport property
Vacant — former borrow pit
Single Family/office - proposed rezone to RI -1
ft
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 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.
Water: Water services will be provided by the City of Sanford. (CUP Capacity 9.02 MGD)**
Sewer: Sewer services will be provided by the City of Sanford. (9.3 MGD Capacity)**
Solid Waste: Solid waste services provided by the City of Sanford. (21.5 million tons Capacity)
Concurrencv Table*
sUsme i Units Trips Solid Waste Water and Sewer
--- -- -- -t — - - - - ..... _........... ---------------------- ----- — -- _ -
_... ----_ __.
1.71bs/room+1.21bs/meal �"�-_._
Hotel ! 114 rooms 931 Daily served= 100 GPD/Room=11,400 GPD
67 PM Peak
193.8+136.8=330.61bs/day
_..._._._....__....__.__.
5,OOOsf or -200 I 636 Daily
Restaurant 1.5lbs/meal served+954 lbs/day 200 GPD/Restroom-400 GPD
seats 1 56 PM Peak ( --
Bank i 3,500sf or 3 418 Daily j l lb/100 sf = 35 lbs/da 200 GPD/Restroom=400 GPD
drive-thru 82 PM Peak ! y _
Office ---i- 5,000sf PDaily j llb/100 sf 50 lbs/day 15 GPD/100 SF=750 GPD
............. ....... 7 -_.._.._._ i................. ...... .------------------ _.........
2,040 Daily
Totals 1,369.9 lbs/day 12,950 GPD
212 PM Peak ; '
_ --
- -------------- ---- ----------------- __— ----- - _- _ — ----------- - -- - - ------
1.
--- 1. Assume Hotel similar to Hampton Inn, Holiday Inn Express, Fairfield Inn (ITE Code 310); 1 meal per room per day
2. Assume Restaurant similar to Applebee's, Chili's, Olive Garden (ITE Code 932); 2 restrooms and avg. 1 meal per Trip
3. Assume Bank with limited employees and mostly ATM use (ITE Code 912); 2 restrooms and same solid waste as office
4. Demand for solid waste collection and disposal capacity calculated per Waste Pro solid waste generation table
5. All uses subject to change based upon the needs of end users of the lots and final design considerations
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:
* Information provided by the applicant
* * As provided by the City of Sanford's Utility Department. (CUP - Consumptive Use Permit)
T:\Development Review\03-Land Development\2018\2247 Marquette Ave - PD Rezone\Project Info -2247 Marquette Ave - PD Rezone.doc
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
* Information provided by the applicant
* * As provided by the City of Sanford's Utility Department. (CUP - Consumptive Use Permit)
T:\Development Review\03-Land Development\2018\2247 Marquette Ave - PD Rezone\Project Info -2247 Marquette Ave - PD Rezone.doc
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Site
2247 Marquette Avenue
Parcel No: 08-20-31-300-0330-0000
2,,LOnl)). AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
2877—
www.sanfordfl.gov
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
1. Ownership
1, Goldchem LLC , hereby attest to ownership of the property described below:
Tax Parcel Number(s): 08-20-31-300-0330-0000
Address of Property: 2247 Marquette Ave Sanford, FL 32773
for which this Rezoning
11. Designation of Applicant's Agent (leave blank if not applicable)
application is submitted to the City of Sanford.
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. di
Applicant's Agent (Print): William E. Burkette, PE Signature:
Agent Address: 105 E. Robinson Street Suite 501, Orlando, FL 32801
Email: wburkett@burkettengineedng.com
111. Notice to Owner
Phone: 407-246-1260
Fax: 407-246-0423
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)
o Individual o Corporation ❑ Land Trust ❑ Partnership 16 Limited Liability Company
❑ Other (describe):
1. List all natural persons who have an ownership interest in the property, which is the subject matter of this petition, by name and
address.
2. For each corporation, list the name, address, and title of each officer; the name and address of each director of the corporation;
and the name and address of each shareholder who owns two percent (2%) or more of the stock of the corporation. Shareholders
need not be disclosed if a corporation's stock are traded publicly on any national stock exchange.
3. In the case of a trust, list the name and address of each trustee and the name and address of the beneficiaries of the trust and the
percentage of interest of each beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the information
required in paragraph 2 above.
Name of Trust:
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 compan , 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:
Goldchem LLC
6. In the circumstances of a contract for purchase, list the name and address of each contract purchaser. If the purchaser is a
corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and/or 5 above.
Name of Purchaser:
Date of Contract:
NAME
TITLE/OFFICE/TRUSTEE
OR BENEFICIARY
ADDRESS
% OF
INTEREST
Naushik Hooda
Manager
535 Julie Land,Winter Springs
Neela Hooda.
Manager
same
Misha Hooda
Manager
same
Rohan Hooda
Manager
same
(Use additional sheets for more space.)
7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shall be
disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains.
8. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. I
understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, special
exception, or variance involved with this Application to become void or for the submission for a procurement activity to be non-
responsive. I certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures
herein.
(d4v'r)
' bate
STATE OF FLORIDA
COUNTY OF !2fes -' di blY-i
Owner pplicant Signature
Sworn to (or affirmed) and subscribed before me by N a usr l
on thi day of 20—D—.
C&t )
Signature of Notary Public Print, Type or 8tamp Name of Notary Public
Personally Known 1:1 OR Produced Ideptification
0 TA
Type of Identification Produced N YDA MON NEZ
Public - State
Comm.Expires Feb1
Commission FF 091054 1
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Notary Public - State of Florida
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MY Comm. Expires Fe9. 2018 It
Affida%it of Ownership - January 2015 Com
February 7, 2018
CIVIL ENGINEERING
CONSULTANTS
City of Sanford
300 N. Park Avenue
Sanford,, FL 32771
Re: Citizen Awareness Participation Plan
Red Cleveland Blvd. and Marquette Ave. Site
To Whom It May Concern:
Burkett Engineering, Inc. and Juarez & Associates held a Citizen Awareness and Participation
Plan (CAPP) meeting for the proposed annexation and anticipated rezoning of the 6.4+/- acre
property at the southwest quadrant of Red Cleveland Blvd. and Marquette Ave. The site is
identified by Parcel ID no. 08 20 31 300 03' )0 0000.
OUR PLAN
Our plan was to notify all the property owners near the site and invite them to attend a meeting to
discuss the proposed development and answer questions they may have pertaining to the
annexation and potential development. The property owners were provided with direct-mail
invitations, inviting them to attend the meeting. A list of the property owners notified of the
meeting is in Exhibit A (attached) and the letter inviting them to the meeting is in Exhibit B
(attached).
IMPLEMENTING THE PLAN
On January 18, 2018, the Citizen Awareness and Participation Plan (CAPP) meeting was held at
the Seminole County Sports Complex located at 3450 East Lake Mary Blvd. in Sanford, Florida
at 6:00 PM. The meeting was attended by Oscar Juarez and Robert Miller of Juarez &
Associates, Richard Anderson, a consultant to Juarez & Associates, Steve Coover of Hutchison,
Mamele & Coover, PA and myself. Exhibit C (attached) is the Attendees Sign -In Sheet that
identifies five residence who attended the meeting. There was one attendee who did not sign the
sign -in sheet when it was given to her, nor did she identify herself.
We used a large Location Map and a large Anticipated Uses Plan in the meeting to present the
proposed development to the residents. We made a brief presentation in which we explained the
process we plan to go through (annexation and rezoning) to entitle the property for development.
We explained we are requesting annexation into the City of Sanford to obtain public services,
specifically water and wastewater services. We also explained that connections to the adjacent
roads (Red Cleveland Blvd, and Marquette Ave.) will require right-of-way use permits from
Seminole County.
i
En1r,-;Wieerilng wilth Iritegrity
1-1
105 E. Robinson Street, Suite 501, Orlando, Florida 32801 Phone: 407,246.1260 Pax: 407.246.0423 www.burkettengineering.com
City of Sanford
February 7, 2018
Page 2
REPORTING THE PLAN
The attendees asked a few questions, mostly about potential uses of the property and traffic. We
explained that this property is currently zoned A -I in Seminole County with a future land use
designation of Industrial. When the property is annexed into the city, the future land use
designation will be in AIC and the zoning will be Ag. To facilitate development the property will
be rezoned PD (Planned Development). Topics discussed in the meeting included:
Economic Viability of the Project — development will occur when market studies indicate
the need for the proposed uses and developers buy or lease the property for development.
Traffic — a traffic study will be required by Seminole County (for the right-of-way use
permit application) and by the City of Sanford (when annexed) for Concurrency. The
traffic study will indicate improvements needed, if any, to Red Cleveland Blvd. and
Marquette Ave. when development commences. Improvements may include the need for
turn lanes and/or deceleration lanes. The study will also indicate the proper spacing for
the driveway connections to Red Cleveland Blvd.
One citizen, Leslie Wilson stated that the previous owner of the property had granted
access to her property when her property was owned by her father. Although her property
fronts Marquette Ave., where it has an existing driveway connection, she seemed
concerned about losing access to the back (southerly) portion of her property from this
property. We told her we'd investigate the access provisions she mentioned and honor
any documented access easements. (The attorney, Mr. Coover has researched the access
claims and has not found documentation to support Ms. Wilson's comments.)
In conclusion, we had a productive meeting and addressed all their questions and concerns that
were raised, to the extent possible.
Sincerely,
Burkett Engineering, Inc.
William E. Burkett, PE
President
Ecl. Attachment A — List of People Who Were Notified of Meeting
Attachment B — Copy of the Invitation
Attachment C — Attendees Sign -In Sheet
Cc: Oscar Juarez — Juarez & Associates
EXHIBIT A - LIST OF PEOPLE NOTIFIED OF MEETING
BENHAM WILLIAM 1 & BEVIRT
JUDY A & BENHAM THOMAS 1
25725 LAY LAINE
ASTATULA FL 34705
CORINTHIAN BLDR INC
2175 MARQUETTE AVE
SANFORD FL 32773
DUNN CINDY A
25721 PINEHURSTST
SORRENTO FL 32776
GOLDCHEM LLC
535 JULIE LN
WINTER SPRINGS FL 32708
HUGHEY CAROLYN 1 TRUSTEE
FBO
PO BOX 790
OSTEEN FL 32764
RED CLEVELAND LAND TRUST
FBO
225 S WESTMONTE AVE STE 2040
ALTAMONTE SPRINGS FL 32714
RUNYON WENDELL & VICKY
2201 MARQUETTE AVE
SANFORD FL 32773
SANFORD ARPRT AUTH/CITY SANFRD
1 RED CLEVELAND BLVD STE 1200
SANFORD FL 32773
SEMINOLE B C C
COUNTY SERVICES BLDG
1101 E IST ST
SANFORD FL 32771
SINGLETARY MIKE
2105 MARGUETTE AVE
SANFORD FL 32773
TBI REAL ESTATE HOLDINGS LLC
3222 RED CLEVELAND BLVD
SANFORD FL 32773
WILSON LESLIE J
2263 MARQUETTE AVE
SANFORD FL 32773
EXHIBIT B - COMMUNITY MEETING INVITE
January 2, 2018
RE: Rezone of Property to Planned Development
Dear Current Property Owner,
You are hereby invited to a neighborhood meeting to discuss the rezoning of property soon to be
annexed into the City of Sanford. The intent is to rezone the property to Planned Development
(PD). The property is located at 2247 Marquette Avenue (see the attached location map). The
meeting is to provide you, adjacent landowners and interested parties, an opportunity to
understand the specific request and for us to receive feedback from the community on the
proposed rezoning and future development. A copy of the rezoning request will be available for
your review at the neighborhood meeting. If you are unable to attend, but have any questions or
comments please email Bill Burkett at wburkett(w—,burkettengineering.com.
The meeting will be held at the following location and time:
Seminole County Sports Complex Meeting Room
3450 East Lake Mary Boulevard
Sanford, Florida 32773
DATE: Thursday, January 18, 2018
TIME: 6:00 p.m.
Sincerely,
Burkett Engineering
William E. Burkett, PE
President
Attachment — Property Map
c. Mr. Russ Gibson
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