4475 PD Rezone 3980 W. lst St, Seminole Business CenterOrdinance No. 2018-4475
An ordinance of the City of Sanford, Florida relating to a Planned
Development (PD) rezoning and combining the Seminole Business
Center 11 PD and the National Car Wash PD with an additional 1.68
acres and amending the specific uses and development standards to
create the revised Seminole Business Center 11 PD; approving a PD
master plan; providing for the rezoning of real property located at
3980 West 1st Street and assigned the following Tax Parcel
Identification Numbers: 16-19-30-5AC-0000-087A,
16-19-30-5AC-0000-087C, 16-19-30-5AC-0000-096A,
16-19-30-5AC-0000-0960 and 16-19-30-5AC-0000-096E all of which are
located 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 3980 West 1st Street as a Planned Development (PD) zoning
classification/district being named the revised Seminole Business Center 11 PD which
results from combining the Seminole Business Center 11 PD and the National Car Wash
PD with an additional 1.68 acres of real property; and
Whereas, the revised Seminole Business Center 11 PD property is located on
the north side of West 1st Street approximately 635 feet east of Monroe Road; and
Whereas, the site, totaling 10.07 acres in size, is currently assigned the PD,
Planned Development, and AG, Agriculture, zoning classifications/districts with an
underlying Future Land Use of WIC, Westside Industry & Commerce as assigned in the
City's Comprehensive Plan; and
Whereas, on September 25, 2006 the City Commission enacted Ordinance
Number 4010 annexing an existing Seminole County Planned Development on Tax
Parcel Numbers 16-19-30-5AC-0000-087A, 16-19-30-5AC-0000-0876 and
16-19-30-5AC-0000-087D subject to the execution of a pre -annexation and economic
development agreement (dated October 4, 2006) with an added stipulation that
landscaping be installed along State Road 46; and
Whereas, on July 23, 2001 the City Commission adopted Ordinance Number
3659 rezoning on Tax Parcel Numbers 16-19-30-5AC-0000-0060,
16-19-30-5AC-0000-096A and 16-19-30-5AC-0000-0966 from County PCD, Planned
Commercial Development, to City PD, Planned Development, subject to the following
stipulations and conditions:
Em
(1). Site shall be developed in accordance to the National Car Wash —
Sanford PD Master Plan dated May 3, 2001;
(2). Execution and recording of Development Order No. 01.0020;
(3). All detailing of automobiles is to be done within the car wash
service area or behind the building to screen activities from the SR 46
Gateway Corridor;
(4). All outdoor activities shall be screened from adjoining property
lines;
(5). Evidence of a cross access easement/agreement having been
dedicated to this property shall be provided for access rights across
the Seminole County property to west of the site; and
(6). All required trees within landscape buffers abutting a right-of-way
shall have a minimum six (6) inch caliper at four and one half (4 Y2)
feet above grade;
Whereas, the WIC land use designation permits both a vertical and horizontal
land use mix of commercial, office, residential and the maximum intensity for commercial,
office and industrial development as a floor area ratio of 0.50. The maximum residential
density shall be 20 dwelling units per acre
Whereas, the creation of the revised Seminole Business Center 11 PD Master
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Plan, which is proposed to be a mixed use commercial/industrial development, would be
consistent with the intent and purpose of the WIC land use designation.
Whereas, to promote Westside Industry and Commerce, 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. Planned Development proposals in the WIC area may be the
subject of negotiated development agreements.
Whereas, the subject PD property is within sub -area 8 of the Seminole
County/City of Sanford Joint Planning Area and this area is reserved for target industry
and SunRail support type development as there is limited vacant acreage available on
which target industry will be able to locate with single-family and low or medium density
residential development being incompatible within this area; and
Whereas, the property owner is Belle Limited Liability Company and Robert J.
Maksimowicz is the sole manager and member; and
Whereas, the applicant for the Revised Seminole Business Center 11 PD
approval is William E. Burkett of Burkett Engineering; and
Whereas, a Citizen Awareness and Participation Plan (CAPP), conducted by
Mr. Burkett, meeting the requirements of the City has been submitted to the City; 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
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of the Comprehensive Plan of the City of Sanford, the City's Land Development
Regulations (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;
•
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 August 2, 2018 the Planning and Zoning Commission
unanimously regommended 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 City's LDRs, and the controlling provisions of State law;
M -R
Whereas, the City Commission of the City of Sanford, Florida has taken all
actions relating to the revised Seminole Business Center 11 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.
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
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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; the Revised
Seminole Business Center 11 PD.
(a), Upon enactment of this Ordinance the subject property, as depicted in the
map attached to this Ordinance shall be rezoned to the revised Seminole Business
Center 11 PD which results from combining the Seminole Business Center 11 PD and the
National Car Wash PD with an additional 1.68 acres of real property 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 Revised Seminole Business Center 11 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
5
relating to the action taken in this Ordinance include the following:
(1). Pursuant to Section 4.3.G of the City's LDRs, this rezoning shall expire 3
years from the effective date of this Ordinance if all improvements have not been
completed or an extension granted.
(2). All development shall be consistent with the Seminole Business Center 11
PID Master Plan, dated as received by the City on June 5, 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). All land use activities conducted on site shall be in accordance with
Schedule B — Permitted Uses, City LDRs, for real property assigned the GC -2, General
Commercial, and the RI -1, Restricted Commercial, zoning classifications/districts with the
exception that no vehicular land uses shall be permitted on site. The less restrictive
requirement for establishment of any specific land use category shall prevail on any given
use. If a conditional use approval is required in both zoning districts, then a conditional
use approval is required to establish the use.
(4). All activities shall be conducted indoors, including any storage or assembly
unless approved in accordance with Schedule B, Permitted Uses, City LDRs.
(5). All signs on site shall be subject to an approved comprehensive sign plan
as established in Schedule K, Sign Regulations, City LDRs.
(6). Appropriate buffers by means of decorative walls or evergreen shrubs shall
be provided to minimize impacts on any adjacent residential uses as determined by City
staff.
(7). Unless otherwise specified on the Seminole Business Center 11 PID Master
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Plan, all development shall comply with setback and buffer requirements set forth in
Schedule J, Landscape, Buffer and Tree Requirements; Schedule U — Overlay Districts,
City LDRs; and the Sanford — Seminole County Joint Planning Agreement, as they apply
to this PD project.
(8). All requirements relating to wetland and tree mitigation as established in the
City LDRs shall be met prior to development of the site.
(9). If determined to be required and prior to any issuance of a site development
permit relating to the subject property, acceptable fencing around the property shall be
submitted for City staff approval.
(10). The following design elements will be considered during the development
plan review:
(a). Site improvements 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 City's LDRs.
(d). A decorative and functional fountain shall be installed and
maintained in all wet retention ponds.
(11). The resolution of all disputes arising from development under the Revised
Seminole Business Center 11 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 Revised
Seminole Business Center 11 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
revised Seminole Business Center 11 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 City's LDRs; provided, however, that the actions taken herein shall be
depicted on the zoning maps of the City of Sanford by the City Manager, or designee.
(b). The City Manager, or designee, shall implement the provisions of this
8 1 P c
Ordinance by means of a non -statutory development agreement which shall be executed
by the Property Owner, or their successor(s) in interest 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 upon enactment.
Attest:
City Commissio
Sanford, Florida
Traci Houchin, City Clerk
Approved as to form and legal suffi
Colbert, City Attorney
of the City of
91 P, v
WS RM
CITY OF Item No. WJ)
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FLORIDA
CITY COMMISSION MEMORANDUM 18-198
SEPTEMBER 10, 2018
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Jordan Smith, AICD, PP — Senior Planner
SUBMITTED BY: Norton N. Bonaparte, Jr., City Mana,
SUBJECT: Combine the Seminole Business Center 11 and the National Car Wash
PD with an additional 1.68 acres and end the specific uses and
development standards to create t revised Seminole Business Center 11
PD
THIS IS A QUASI-JUDICIAL MATTER AND, AS SUCH, REQUIRES
DISCLOSURE OF ALL EX -PARTE COMMUNICATIONS, INVESTIGATIONS,
SITE VISITS AND EXPERT OPINIONS REGARDING THIS MATTER.
STRATEGIC PRIORITIES:
Fl Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
Z Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A request to combine the Seminole Business Center 11 PD and the National Car Wash PD with an
additional 1.68 acres and amend the specific uses and development standards to create the revised
Seminole Business Center 11 PD Master Plan at 3980 W. I" Street has been received.
The property owner is Belle, LLC and Robert J. Maksirnowicz is a Managing Member. The
applicant is William E. Burkett of Burkett Engineering who was responsible for mailing out the
Modified Citizen's Awareness Participation Plan notification letter to neighboring property
owners.
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.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, three of the five properties are vacant and two of
the properties contain single family residential structures. Based on the 2017 property tax roll, the
subject properties have a total assessed value of $1,073,742. The total tax bill for the properties in
2017 was $19,491.92. Rezoning the properties will further facilitate new non-residential
construction and additional tax revenue to the City.
No additional staffing is anticipated if the rezone is approved.
BACKGROUND:
The 10.07 acre site is located on the north side of West I't Street approximately 635 feet east of
Monroe Road. The property is currently zoned PD, Planned Development and AG, Agriculture
with an underlying Future Land Use of WIC, Westside Industry & Commerce.
On September 25, 2006 the City Commission adopted Ordinance No. 4010 annexing an existing
Seminole County Planned Development on tax parcel numbers 16-19-30-5AC-0000-087A, 16-19-
30-5AC-0000-087B and 16-19-30-5AC-0000-087D subject to the execution of a pre -annexation
and economic development agreement with an added stipulation that landscaping be installed
along SR 46. The pre -annexation and economic development agreement was executed and
recorded on October 4, 2006.
On July 23, 2001 the City Commission adopted Ordinance No. 3659 rezoning parcel numbers 16-
19-30-5AC-0000-0060, 16-19-30-5AC-0000-096A and 16-19-30-5AC-0000-0968 from PCD,
Planned Commercial Development to PD, Planned Development subject to the following
stipulations and conditions:
- Site shall be developed in accordance to the National Car Wash — Sanford PD Master Plan
dated May 3, 2001;
- Execution and recording of Development Order No. 01.0020;
- All detailing of automobiles is to be done within the car wash service area or behind the
building to screen activities from the SR 46 Gateway Corridor;
- All outdoor activities shall be screened from adjoining property lines;
- Evidence of a cross access easement/agreement having been dedicated to this property shall
be provided for access rights across the Seminole County property to west of the site; and
- All required trees within landscape buffers abutting a right-of-way shall have a minimum
six (6) inch caliper at four and one half (4 V2) feet above grade.
The WIC designation permits both a vertical and horizontal land use mix of commercial, office,
residential and the maximum intensity for commercial, office and industrial development as a floor
area ratio of 0.50. The maximum residential density shall be 20 dwelling units per acre. The
breakdown of the WIC, Westside Industry and Commerce is as follows:
Mixed
Use
Districts
Westside
Industry &
Commerce
WIC
0.5 FAR
15%150%
0.50 FAR
20 du/acre
30%175%
10%140%
The creation of the revised Seminole Business Center 11 PD Master Plan, which is proposed to be
a mixed use commercial/industrial development, would be consistent with the intent and purpose
of the WIC, Westside Industry and Commerce designation.
To promote Westside Industry and Commerce, 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. Planned Development proposals in the WIC
area may be the subject of negotiated development agreements.
The subject property is within sub -area 8 of the Seminole County/City of Sanford Joint Planning
Area. This area is reserved for target industry and SunRail support type development as there is
limited vacant acreage available on which target industry will be able to locate. Single-family and
low or medium density residential development are not compatible within this area.
The applicant is requesting to combine the Seminole Business Center 11 PD and the National Car
Wash PD with an additional 1.68 acres and to amend the specific uses and development standards
to create the Revised Seminole Business Center 11 PD. The proposed development will be mixed
use office/warehouse and allowable uses within GC -2, General and RI -1, Restricted Industrial
zoning district.
The proposed area and dimension regulations include the following:
Min. Parcel Area Required 10,000 S.F.
Min. Parcel Frontage on a 35 feet
Street
Min. Parcel Width at Building 75 feet
Line
Min. Front Yard Requirement 50 feet per SR 46 Gateway
Corridor Overlay Standards
Zoning Classification
Landscape Buffer Abutting 25 feet
SR 46
Open Space25%
Floor Area Ratio 0.5
Building
Landscape
Setbacks
Buffers
North 10 feet'
5 feet'
South 50 feet
25 feet'
East 0 feet]
0 feet'
West 10 feet
10 feet
Setbacks and Buffers per
previously Approved PD
Combining the Seminole Business Center 11 PD and the National Car Wash PD with an additional
1.68 acres to amend the specific uses and the development standards to create the revised Seminole
Business Center 11 PD supports the Redevelop and Revitalize Disadvantaged Communities
strategic priority. For a number of years, the property has been, vacant and half developed. The
property has become overgrown, until recent ownership made some efforts to clean up the site.
The applicant is proposing to construct approximately 104,500 square feet of mixed use
office/warehouse development which could generate growth and revenue for the City.
The applicant mailed a modified Citizens Awareness and Participation Plan letter dated May 15,
2018 notifying neighboring properties of the proposed rezone. To date the applicant has not
received any comments and/or responses regarding the proposed rezone.
The request to combine the Seminole Business Center 11 PD and the National Car Wash PD with
an additional 1.68 acres and amend the specific uses and development standards to create the
revised Seminole Business Center 11 PD was heard by the Planning and Zoning Commission at the
August 2, 2018 Planning and Zoning Commission meeting subject to a development order with
the following conditions as presented by staff-
I . 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 Seminole Business Center 11 PD Master Plan,
dated as received by the City on June 5, 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. All land use activities conducted on site shall be in accordance with Schedule B — Permitted
Uses, Sanford LDR for GC -2, General Commercial and RI -1, Restricted Commercial
zoning with the exception that no vehicular land uses shall be permitted on site. The less
restrictive requirement for establishment of any specific land use category shall prevail on
any given use. If a Conditional Use approval is required in both zoning districts, then a
conditional use approval is required to establish the use.
4. All activities shall be conducted indoors, including any storage or assembly unless
approved in accordance with Schedule B, Permitted Uses, LDR.
5. All signs on site shall be subject to an approved comprehensive sign plan as established in
Schedule K, Sign Regulations, LDR.
6. Appropriate buffers by means of decorative walls or evergreen shrubs shall be provided to
minimize impacts on any adjacent residential uses as determined by the City.
7. Unless otherwise specified on the Seminole Business Center 11 PD Master Plan, all
development shall comply with setback and buffer requirements set forth in Schedule J,
Landscape, Buffer and Tree Requirements; Schedule U — Overlay Districts; and the
Sanford — Seminole County JPA; as they apply to this project.
8. All requirements relating to wetland and tree mitigation as established in the City's LDR
shall be met prior to development of the site.
9. If determined to be required and prior to any issuance of a site development permit relating
to the subject property, acceptable fencing around the property shall be submitted for City
staff approval.
10. The following design elements will be considered during the development plan review:
a. Site improvements may include the incorporation of low impact development
(oftentimes referred to as "LID") techniques and crime prevention through
environmental design (oftentimes referred to as "OPTED") guidelines.
b. Elements of buildings may be constructed incorporating Leadership in Energy and
Environmental Design (oftentimes referred to as "LEED"), Florida Green, or such
other equivalent energy savings standards as may be approved by the City.
c. Unless specifically requested and approved on the referenced PD Master Plan, any
required elements missing from or not shown on the PD Master Plan shall comply
with the City's LDR.
d. A decorative and functional fountain shall be installed and maintained in all wet
retention ponds.
11. Any dispute 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.
The Planning and Zoning recommended the City Commission approve the request as presented by
City staff with an additional condition requiring a minimum 10 foot setback be required on the
west in addition to the east. Condition 7 is being recommended to be modified to reflect this
change and hereby shall read as follows:
7. Although the setbacks shown on the Seminole Business Center Il PD Master Plan
identify a setback of zero (0) feet on the west side, both the east and west property
line setback shall be a minimum of ten (10) feet and unless otherwise specified on
the Seminole Business Center 11 PD Master Plan, all development shall comply
with setback and buffer requirements set forth in Schedule J, Landscape, Buffer
and Tree Requirements; Schedule U — Overlay Districts, City LDRs; and the
Sanford — Seminole County Joint Planning Agreement, as they apply to this PD
project.
On August 27, 2018 the City Commission approved the first reading of Ordinance No. 4475 to
combine the Seminole Business Center 11 PD and the National Car Wash PD with an additional
1.68 acres and amend the specific uses and development standards to create the revised Seminole
Business Center 11 PD Master Plan at 3 980 W. I st Street subject to all recommended conditions.
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.
163.3 164, 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 pennit 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 perinit 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 perinit" 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 [ofl 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 along with staff recommends the City Commission approve
the second reading of Ordinance No. 4475 to combine the Seminole Business Center 11 PD and
the National Car Wash PD with an additional 1.68 acres and amend the specific uses and
development standards to create the revised Seminole Business Center 11 PD, subject to a
development order with all recommended conditions.
Additional comments or recommendations may be presented by staff at the meeting.
SUGGESTED MOTION:
I move to (Approve/Approve with Condition s/Deny) the second reading of Ordinance No.
4475 to combine the Seminole Business Center 11 PD and the National Car Wash PD with an
additional 1.68 acres and amend the specific uses and development standards to create the revised
Seminole Business Center 11 PD as recommended by staff subject to a Development Order that
includes all recommended conditions."
Attachments: Project Information Sheet
Site Vicinity Map
Site Aerial Map
Affidavit of Ownership
List of Parcels
CAPP Notice
Ordinance No. 3659
Pre -Annexation and Economic Development Agreement
Ordinance No. 4010
Seminole Business Center 11 PD Master Plan
Ordinance No. 4475
]":',Development Review\03-Land Development\20 180980 W I st St - Seminole Business Center H\City Commission 8-27-18\CC Memo - 3980 W I st Street - Rezone8-
27-18.docx
Requested Action:
Proposed Use
Project Address:
PROJECT INFORMATION - 3980 W. I ST STREET
PD REZONE
Combine the Seminole Business Center 11 PD and the National Car Wash PD with an
additional 1.68 acres and amend uses and development standard and create revised
Seminole Business Center 11 PD
Office/Warehouse
3980 W. Is' Street
Current Zoning: 16-19-30-5AC-0000-087A — PD, Planned Development
16-19-30-5AC-0000-087C — AG, Agriculture
16-19-30-5AC-0000-096A — PD, Planned Development
16-19-30-5AC-0000-0960 — PD, Planned Development
16-19-30-5AC-0000-096E - AG, Agriculture
Current Land Use: 16-19-30-5AC-0000-087A — Vacant
16-19-30-5AC-0000-087C — Single Family Residential
16-19-30-5AC-0000-096A — Single Family Residential
16-19-30-5AC-0000-0960 — Vacant
16-19-30-5AC-0000-096E - Vacant
Tax Parcel 16-19-30-5AC-0000-087A,16-19-30-5AC-0000-087C, 16-19-30-5AC-0000-096A
Numbers: 16-19-30-5AC-0000-0960, 16-19-30-5AC-0000-096E
Site Area: 10.07 acres or 443,005.2 square feet
Property Owner: Belle LLC
Robert J. Maksimowicz
530 S. Ronald Reagan Blvd
Longwood, Fl, 32750
Applicant/Agent: Burkett Engineering
105 E. Robinson Street, STE 501
Orlando, FL 32801
Phone 407.246.1260
wburkett@burkettengineering.coin
CAPP Meeting: A notification letter was sent to property owners, no formal meeting was held.
Commission District 2 — Commissioner Velma Williams
District:
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: WIC, Westside Industry & Commerce
Existing Land Use: Vacant & Single Family residential
3urrounding
Uses and Zonig:_
Lmin
Use
North
PD, Planned Development
Commerce Park — Ganesh North (Under Construction)
South
PD, Planned Development
Office —North Seminole Business Center
East
AG, Agricultural
Vacant
West
AG, Agricultural,
R-1A,Single-F,andly Residential (County)
Single -Family Residential
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)
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 set -vice): 0.806 MGD 0.624 MGD
Information provided by the applicant
As provided by the City of Sanford's Utility Department. (CUP — Consumptive Use Pen -nit)
T:\DevelopmentReview\O3-Lan4iDevelopnient\'-O I 8\3990W I st St- Seminole Business Center I RProject Info -3980W I stStrcet-Rezone.doc
AG
AG
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Stratford
LID Point
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SITE PD C
W 1ST ST
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Westlake ��
Apartments
Ate
PD
Site
3980 West 1 st Street
Parcel No: 16-19-30-5AC-0000-087A
16-19-30-5AC-0000-087C
16-19-30-5AC-0000-0960-
16-19-30-5AC-0000-096A tai
16-19-30-5AC-0000-096 E
I AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
, Ptiji, 0 R I I)l %.
It —1877-4
www.saaordfL9*v
Please Utt ;V '
Z nal S S needed. If any additional sheets are attached to this document, please sign here and note below:
I. Ownership
1, Robert J. Maksimowicz hereby attest to ownership of the property described below:
Tax Parcel Number(s): See Attached
Address of Property- See Attached
for which this Rezoning application is submitted to the City of Sanford.
11. Designation of Applicant's Agent (leave blank if not applicable)
As the owner/applicant of the above designated property for which this affidavit is submitted, I designate the below named individual
as my agent in all matters pertaining to the application process. In authorizing the agent named below to represent me, or my
company, I attest that the application is made in good faith and that all information contained in the ap lication is accurate and
complete to the best of my personal knowledge.
Applicant's Agent (Print): William E. Burkett, PE Signature:,,
Agent Address: 105 E. Robinson Street, Suite 501, Orlando, FL 32801
Email: wburkett@burkettengineering.com Phone: 407-246-1260
Ill. Notice to Owner
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 Applicants Agent to be limited in any manner, please indicate the limitations(s)
below. (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc.)
The owner of the real property associated with this application or procurement activity is a (check one)
A Individual o Corporation o Land Trust o Partnership o Limited Liability Company
o Other (describe):
1. List all natural persons who have an ownership interest in the property, which is the subject matter of this petition, by name and
address.
2. For each corporation, list the name, address, and title of each officer; the name and address of each director of the corporation;
and the name and address of each shareholder who owns two percent (2%) or more of the stock of the corporation. Shareholders
need not be disclosed if a corporation's stock are traded publicly on any national stock exchange.
3. In the case of a trust, list the name and address of each trustee and the name and address of the beneficiaries of the trust and the
percentage of interest of each beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the information
required in paragraph 2 above.
Name of Trust:
4. For partnerships, including limited partnerships, list the name and address of each principal in the partnership, including general
or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above.
5. For each limited liability company, list the name, address, and title of each manager or managing member; and the name and
address of each additional member with two percent (2%) or more membership interest. If any member with two percent (2%) or
more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information
required in paragraphs 2, 3 and/or 4 above.
Name of LLC:
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 ADDRESS % OF
OR BENEFICIARY INTEREST
(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.
Date ner, Agent, ApplicalftSt-g—nature
STATE OF FLORIDA
COUNTY OF &.naqQg,
0
Sworn to (or affirmed) and subscribed before me by d :T, -
on this day ofFeb,_,,�IAli�zj 20JZ_.
Signature oft4otary Public *0rint, Type or StamName of Notary Public
APRIL M. SIMPSON
7
f Flodda
9
Notary Public -State of Flodda
Type of Identification Produced Commission 9 FF 146499
2 2018
Personally Known %/ OR Produced Identification
My Comm. Expires Sep 27� 2018
1W RW W M W
Affidavit of Ownership - January 2015
1. Legal description ofproperties:
Tax Parcel No:
2. Address of properties:
3980 W. I" Street, Sanford FL 32771
4UOQVV1*Street, Sanford, FL 32771
4004VV1sStreet, Sanford, FL32771
3g9DVV1*Street, Sanford, FL32771
Unincorporated Seminole County (annexation in progress)
3. Land area:
342568+/ Sq. ft -7.A6+/ Acres
63,554+/ Sq. ft -1.4k6+/ Acres
1O,9OO+/-Sq. ft. —0.2S+/ Acres
23,103+/ Sq. ft, —O.5]+/ Acres
2'G57+/ - Sq. ft—O.OG+/ Acnes
4. Current zoning district classification:
PD(City ofSanford)
A-1(Seminole County)
PD(City ofSanford)
PD(City ofSanford)
PD (Seminole County)
All properties listed tobe added to and amend previously approved PD (Ordinance No.) for Parcel 16 -19 -
SAC -0000-087A — 3980 W. 1" Street.
Previous PD land area: 7}K6+/ acres with a 1.1+/ acre outparce|
Proposed PDland area: 1O.16+/ acres with a1.3+/ acreoutparce|
Previous PDbuilding SF: 74,128+/- Sq. ft. plus development of1.1+/ ucreoutparoe|
Burkett CIVIL ENGINEEPING
CONSULTANTS
May 15, 2018
Mack Plumbing Systems, Inc. is proposing to rezone the following properties in the City of
Sanford:
Parcel Identification
Address
Land
Current Zoning
Area
16-19-3 )0-5AC-0000-
3980 W. 151
7.86
PD, Planned Development
087A
Street
acres
16-19-30-5AC-0000-
4008 W. 1"
1.40
AG, Agriculture
0870
Street
acres
16-19-30-5AC-0000-
4004 W. 1
0.25 acre
PD, Planned Development
096A
Street
16-19-30-5AC-0000-
3990 W. Is'
0.53 acre
PD, Planned Development
0960
Street
16-19-30-5AC-0000-
3996 W. 1
0.03 acre
A-1 (Seminole County, to be
096E I
Street
annexed)
Multiple parcels are proposed to be combined with an existing 7.86+/- acre PD at 3980 W. I"
Street to allow for the expansion of the previously approved Seminole Business Center. The
parcels are currently vacant, and the proposed development will contain approximately 104,500
square feet of office/warehouse space on the 10.07+/- total acres.
Mack Plumbing Systems, Inc. and Burkett Engineering, Inc. will address any comments or
questions regarding this proposed rezoning. We have included the proposed site plan for the
development of the 10.07+/- acres. You may contact Bob Mack with Mack Plumbing Systems,
Inc. at 407-331-1960 or iiiackt)luiiibiiigsystems@ginail.com, or Bill Burkett, PE with Burkett
Engineering, Inc. at 407-246-1260 or wburkett awburketteng-ineerinp
-com.
Sincerely,
Burkett Engineering, Inc.
8 -41-&,
William E. Burkett, PE
President
Encl. Site Plan
Engineering with Integrity
105 E. Robinson Street, Suite 501, Orlando, Florida 32801 Phone: 407.246.126o Fax: 407.246.0423 www.burkettengineering.com
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Burkett I CIVIL ENG1KRING
snEwoRK cosmTRurmoN PLANS
FOR MACK PLUMSM SYSTEMS. Wa
engineering
I CONSULTANTS
0
P
SrM PLAN
ORDINANCE NO. 3669
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA„
AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID
ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT
TO CHANGE THE ZONING OF 0.781 ACRES OF
PROPERTY LYING BETWEEN NARCISSUS AVENUE AND
W. S.R. 46 AND BETWEEN CREEK ROAD AND MONROE
ROAD; FROM PCD, PLANNED COMMERCIAL
DEVELOPMENT, TO PD, PLANNED DEVELOPMENT;
PROVIDING FOR SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION.1: That Ordinance No. 3917 of the City of Sanford, Florida passed and
adopted .July 27,1992, said Ordinance being the Comprehensive Zoning Ordinance of the
City of Sanford, Florida, regulating and restricting the location and use of buildings,
structures, land, and water for trade, industry, residence or other purpose, be and the
same is hereby amended as follows:
SEE EXHIBIT "A" ATTACHED HERETO.
be and the same is hereby rezoned to PD, Planned Development Zoning district and the
Planned Development Master Plan is attached as Exhibit "B" is included herein by
reference as if fully set forth herein.
SECTION 2: The rezoning action herein is subject to the conditions provided for
and agreed to in the Development Order #01-0020.
SECTION 3: SeveraW ty. If any section or portion of a section of this Ordinance
proves to be invalid, unlawful or unconstitutional it shall not be held to impair the validity,
force or effect of any other section or part of a section of this Ordinance.
SECTION 4: Conflicts. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby revoked.
SECTION 5: Effective 11ate. That this Ordinance shall become effective
immediately upon the execution and recording of the Development Order referenced
above, provided that said Development Order is fully executed and delivered to the City
Clerk for recording within ninety (90) days of the date of adoptionof this ordinance,
otherwise this ordinance shall be null and void and of no force -and effect.
PASSED AND ADOPTED this day of Q�-� AD., 2001.
ATTEST: MAYOR 7-
11 1 C4_1c� e2n�
azCITY CLERK
As the City Commission of the
City of Sanford, Florida
CERTIFICATE
.1, 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. 3659, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the Za day of
S�tunjA,4: , 2001, was posted at the front door of the City Hall in the City of Sanford,
FlorWa, orf4he-2& day of 2001.
As th qty
Clerk of the City
of $a ord, Florida
–2–
Ordinance No. 3559
CERTIFICATE
I J t R. Dou arty, City Clerk of the City of Sanford, Florida, do hereby certify
on the day of zYvr--A-
12001, that the My executed Development Order
was received by me vAthd ninety (90) days of the date of adoption of this ordinance and
said Development Order was recorded by me on 2001, in
O.R. Book M4 I4-tM Seminole , Page Public Records qaminol County, Florida,
etto
As the City Clerk of the City
of Se ord, Florida
I.WAHTILES\2WI\S&nfaV0rdkwio"MW pd mz".wpd
--3—
Ordinance No. 3659
LEGAL.DESCRIPTION: The N 75.00' of the S 380,00' of the W 124.00'
of Lot 96, (LESS the W 15.00' thereof for Road. Right--of-Way) ; AND
the S 205.00" of the E 106,00' of the W 124.00' (LESS State Road)
and the N 100.00' of the S 305.00' of the E 120.00' of the W
124.00' of Lot 96 (LESS the W 25.00' of the N 100.00' of the S
305.00' of the W 124.00' of said Lot 96 for Road Right -of -Way);
together with the N 100' of the 480.' of the W 124' of Lot96
Florida Land & Colonization Co. Ltd. ,W. Beardall's Map of St.
Joseph's, as recorded in Plat Book 3., Page 11.4, of the Public
Records .of Seminole County, Floridan (LESS the W 15' thereof for
Road Right -Of --way), Containing herein 0.781 acres.
The property being more generally described as 3990 W. 111 Street.
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CITY OF SANFORD DEVELOPMENT ORDER
No. 01-0020
f
On �' �' '� r City of Sanford issued this Development Order relating to
�.
and touching co the following described property:
r
(Legal I)rsrription Attactxed)
��—"'
('lie afomssid toga] desscriptian bas been provided to the City of Suford by the owner of the afore described property)
C7
FR14
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FINDINGS OF FACT
property Primers Development Corp. and Charles J. Foist
Ou •mem¢: S221 Silver rate Loop 4004 W. SR 46
Lake Mary,Fkotrtda 32746 Sanford, INoxids 32771
.Protect Name/Address: Nat%ouai Car Wash - 3990 W,1" Street
m
6 -19 3Q5AC.0110tt ;16-19-304ACw0000.0%A;16-1"0-SAC-
Parcel Number(s): 16 -19 -30 -SAC -0000-090; 16-19-304AC-000-0%A; 16 -1"0 -SAC -
00004M
00004M
Requested Development Approval:
The development approval sought is consistent with the City of Sword Comprehensive
8
Plan and willbe developed consistent with and m compliance to applicable land development
-4
regulations and all other applicable regulations and ordivances.
�
The owner of the Property has expressly agreed to be bound by and subiwA fo tht:
V
development conditions and cotnmitrmeryts stated below and has oovexwnted and agreed to have
8
Rne-h conditiam and commitrne ntq rm with, follow and perpetually burden, the afore described
n
C7
ca
�
^ /y
ORDER
NOW, THEREFORE, it is ORDERED AND AGREED THAT:
(1) The aforementioned application for development approval is GRANTED.
�
(2) All development shall folly comply with all of the codes and ordinances in effect
rn
a
in the City of Sanford, Florida at the time of issuance of permits including all
Cb
impact fere ordnnance8,
D+evel*pnwnt Order No. 0141420 - National Car W=b .3990 W.1* Street Page t of I
(3) The conditions upon this development approval and the commitment made as to
this development approval, all of which have been accepted by and agreed to by
the owner of the property are as follows:
(a) SITE SHALL BE DEVELOPED IN ACCORDANCE TO THE
NATIONAL CARWASH - SANFORD PD MASTER PLAN DATED
MAY 3, 2001;
(b) ALL DETAILING OF AUTOMOBILES IS TO BE DONE WI IUM
TFM CAR WASK SRRVICF,-AREA OR BEHIND THE BUILDING
TO SCREEN ACTIVITIES FROM THE SR, 46 GATEWAY
CORRIDOR.
10 ALL OUTDOOR ACTIVrI1ES SHALL BK SCRI.'NED► FROM
ADJOINING PROPERTY LOM;
(0) FVWEN(-'E OF A CROSS ACCESS EASEMENT/AGREEMENT
HAVING BEEN DEDICATED TO THIS PROPERTY SHALL BE
PROVIDED FOR ACCESS RIGIITS ACROSS TIIE SEMINOLE
COUNTY PROPERTY TO THE WEST OF THIS SITE.
(e) AJ.J, RVQTTMFD TRRFA wnrm LANDSCAPE BUFFERS
ABUTTING A RIGHT -Or -WAY SHALL HAVE A MINIMUM SIX
(6) INCH CALIPER AT FOUR AND ONE HALF (4 Y%) FEET
ABOVE GRADE.
(4) This Development order touches and concerns the afore described property and
the conditions, commitments and provisions of this Development Order shall perpetually burden,
ruu with and rulluw the said ptop&ty and be a =vitadc upon and binding upon said property -
unless released in whole or part by action of the City of Sanford by virtue of a document of equal
dioty herewith. The owner of the said property has expressly covenanted and agreed to this
provision and all other terms and provisions of this Development Order.
(5) The terms and provisions of this Order are not severable and in the event any
portion of Us Order shall be found to be invalid or illegal then the entire order shall be null and
void. ,
Done and Ordered on the date first above.
As approved and authorized for execution by the
C-&* CMUMM47 at dicir mocaug ur—
Z, OV�
0
*der.- AICP
of Engineering and Planning
DavelOPMOA Ord" No. 01-0020 - N2400A car Wash - 3M W. V Streat
.0%
QW.—NE1tI.!C-QN9E–NT AND CO—VENANT
COWS NOW, c h a e- E !04 my G6t L�ma I CW-44bk owner(s) of the afore
described property in this DevelopmentOrder, on behalf of itself and its heirs, successors,
perform and MY abide by the provisions, terms, conditions and commitments set fmffi in this
N Kv P �- I M.,
Am I z I -b•v 3 1 R. L (0)
,./
A
TTIr
I HBUBY CERT)FY that on this day, before me, an offim duly authorized in the Stab
4h4clmtv Ifibiesaidtataie; acknowledgments, pemnaily appeared P11-dn4 E.MvxW
who is 4�= known to, who has produced as
idern�to
i iC WE take an oath,
4�
ton
cation and who known
take
0 In
VUIN-ESS my hand and official seal in the County and State last aforesaid this :0
day of Aimi asi
z
4011'tlict, !n"I �r-ffie County and
4% ru
s4:V Egft Vach V. 2M State aforementioned.
*4
F.AMA,-rNGNDrWoPwz rAvW*Wv-0eva*Pw4*t oAnom ft i 4M - Nidaut CatW=b PI>-FkWVcMI=**
ro
EICvQI0P==t CkdarNo. 01-0020 - NationA Car Wash - 3990'W_ P Stre" Pa$c 3 a3
ka
40
W
" of the Of_Way);� AND
W 124.00'
LEGAL DESCRIPTION: The N 15.00' Of the 3 380.00
of Lot 96,(LESS the W 15.00, theteof,for Road Rjght,;_
the W 124.00' (LESS State Road)
the S 205.00, of the E 106-00' Of 0, of the E 120.00, of the W
of the s 305. 0
and the N ()0. 00, of the N 100 . 00, of the S
124.00' of Lot 96 (LESS the W 15.00# f -Way);
of the W 124.00' of said 490.'
dt 96
305-00' of the of the W 124 " of LO
together with the N 1*00'
Colonization Co. Ltd. • W. Beardall's Map Of St'
Florida Land 'Pag6 114, of the Public
joseph"s, as recorded. in n Plat Book the W 15' thereof far
Records of Seminole County, Florida (LESS
Road Right -Of -way). Containing herein 0.781 acres.
The property being more generally described as 3990 W. Ist Street.
I
Prepared by and return tor -
Lonnie N. Groot Esquire
Stenstrom, McIntosh, Colbert
Whigharn & Partl6w, P.A.
1001 Healhrow Pa*'Lane, Suite 4001
Lake Mary, Florida 32748
PAJMEAS II. L
CjMjj T CM
IKJK433 Op -OW
MMAW IV' kliftly,
--rt_-, ', .w- :'A - - .......
THIS PRE-ANNEXA11ON AND" ECOROMIC' bi�VtL6Pr6t9N`T' A' ik
this day of 2006, by and between the CITY OFSANFORI), a mUnIdp4I
corporation.organized and existing'under the laws of the State of Viorida, (hereinifter referred to
as the *Cn10, whose address Is 300 N. Park Avenue" Sanford, Florida 32771''andSeminole
Warehouse Partners 11, Ltd., a' Florida limited r6feirid to "as the
-OWNER'), who. so address li '4051 West SR 46,* Sanford. Floflda 3277f.
WITNESSETH:
WHEREAS, the OWNER Is the owner of cartel 'I'property located In Seminole
n rea
County, Florida, consisilng oi approximately 7.77 acres, which real property Is'more particularly
described on Exhibit "K atta6hed hereto (heref nW* referred to as the'upropero. and
WHEREAS, the Property Is assigned th6 de' la'
i yelopment nd use designation
LNXW the provisions of ft Seminole County Comprehensive Plan; and
WHEREAS, the Pr6l)" is assigned the Planned Commercial Development (PCD)
zoning classification under the provisions of the Land Development Code of Seminole County,
and
WHEREAS, In acod rdanc6 with the provisicni& or SectIon 17J.062(2), FWda Sfttj#es.
provides that
M
*Mf the area annexed wassubj8d to a county land use plan and county
zoning or subdivision: regulations, these regulations remain In full � force
and effect until the munidpalitk idoots a com*hefijW plan amendment
that Includes the annexed area."
1
WHEREAS, Section 171.1182(1), Fk*de Stetui@s, provides as follows:
"An area annexed to a municipality shall be subject to all laws,
ordinances a6d regulations in force In that municipality and shall.
be entitled to the same privileges and benefits as other parts of
that munlcipallty upon the effechve date of t% anriexa�c n "
and
WHEREAS, the CITY has determined that, further high' quality development of the
Property consistent with appropriate protections of natural resources will be of substantial
economic benefit to the CITY and its citizens, and
WHEREAS, Section 166.021(gXb) and (c). Fkri& S184des, specifically states, wit
regard to economic development, that
M
• N i ♦ 4 • •• • M • • t 1i •
1 ♦• • t _ r r
+771T-171� 71�z4,;m�olq,«r.
and
WHEREAS, the Cl' Y d8stres to ensurethat the development of the Property and
adjacent CITY land uses are compatible with surrounding land uses, that adequate public
facilities exist concurrent with the Impact of such development and that suchdevelopment and
the CITY•s Comprehensive Plan are or' will be consistent; and
Pq
Intensities that are compatible with the beneficial economic development of the CITY and the
appropriate development of the Property In a manner compatible with its adjacent environs; and
WHEREAS, the Cl`TY and diet OWNER agree that deveicipment of the Property must
be appropriately timed in order to avoid urban sprawl and the ineffid6ht use of facilities, public
resources and Infrastructure; and
WHEREAS, the CITY and the OWNER a6i6e `that adequate public facilities and
the parties agree that additional property be assembled withor
added to the Property in order to further advance high quality development within the C!fY and
continue to enhance the healthy econornic development of the CITY; and
WHEREAS. the parties agree that all developmentProperty
r• • z. r • • �r • •, r• r R :,
WHEREAS, the 'pilose of this Agreement is to set forth'the understandings and
agreements of the parties with respect to the foregoing, and other matters as set forth herein;
and
WHEREAS, this Agreement Is authorized by permitted by, and consistent with the
provisionsthe
• • : SWutes, Chast: • r .w : 1 - • ♦ -
FloddeArticle N r ♦ • t • • • • r and other
applicable law a♦ serves and advances a vital public purpose.
NOW, THEREFORE, 'for and in'considerailo.n of the mutual covenants and agreements
contained herein, and other •••. and valuable considerationto to oth1w provided,
receipt and suMciency of which Is hereby acknowledged, the parties
agree as'l6flows:
3
,A) The above recitals we adopted as the findings of the Cr1Ys goveming body.
,'B) The above recitals; see true and corre4 am Ino:nWrated Into this Agreement in
reference thereto, and form a material part of this Agreement upon which the parties have
relle
• including, but • ; • to, the assertionsthe OWNER owns the subject• w
erty
and is empowered to enter Into this Agreement and make binding commitments.
n. The OWNER shall apply or has already applied for
annexation of the Property k to the CITY by Bing petillons with the' CITY within ten 00) clays of
the full execution of this Agreement and the CITY shall annex the Prooerty'into the Crt'Y. The
CITY shall notify the Florida Department of Community Affairs o(the an' nexaticni of the Property
upon enactment of the annexation ordinance(s) affecting the Pm*V.
Soction 3. i • x . . 11 .. rIt is'Undeistbod and agreed d •
eXtraordinanjee
A costs or 6�Vof-l.eo
mwWwo
CITY
or • any other goverhmentals. private Individualor on rrs of or
of the Property:into the oorp�r'ate limft'of the CITY other than: the standard annexation petition
review fee as established by he CITY, provided, however, . that' the OWNER shall pay
(his/twitheir) own attorney's fees and consulting fees.
• 1 !..1! • 1. r.
1 Mal ;
(A) The condition' of any Seminole County development approval(s) set forth In
Serrdnole County's development orders and development permit$ relating to the Property shall
continue to be In full force and effect upon and after to annexation of the Property into the
CITY and the development rights Bind entitlements relating to such approvals shall carry forward
as baseline level of approvals for the Property. The OWNER shall ensure that the CIt'Y is fully
appraised on all issues relating to any prior approval(s) of development orders and development
4
permits Including, but not limited to, the manner to which Impacts on public facilities have been
(B) All sanitary sewer and potable water Issues relating to the development of the
Property shall be appropriately addressed.
development. Adequate roadway capacity vwill be made available consistent with the Impacts Of
developmentof the rYe
(D) Solid waste collection services are available to,se'rve'the demands generated by
the « * • .. r is r r r :. •
will be available concurrent'wfth the impacts 'of Me developmenfcf the Property. if legally
Possible, the OWNER shall'* Nza #* CiTys solid
ut waste collection
z-haH exercise bons fide and diligent efforts to be served by the CrlYs solld'waste franchisee.
(E) All drainage Issues will be appropriately addressed In the development approvals
'ry the CITY pertaining to the Property and the Impacts of drainage water shall be addressed In
(F) The CITY will provide fire, police and EMS fa coiiti6sY equipment and services
(G) Impacts to public facilities arising from development of the Property shall be
addressed In a manner consistent with the CITY's codes and ordinances and other appiicible
law.
(H) The OWNER shalf provlds the CITY wlth a concurrency facility Impact data and
anaWs as previously submitted t Seminole County." Additional Information may reasonably be
requested by the CITY to address 'concurrency issues specific to CITY facilities. This analysis
shall show concurrency status and all Impact fees that may have been paid relative to the
Property.
P
(I) If the CITY b6comes the service provider of water and'sewer utilities as a result
of system(s) acquisition(s) (of otherwise), the MY Wlil provide water and sewer service to the
Property, subject to standard requirements relating to developer's contributions In aid of
construction, Installation of service fines to and u, ".-
tedication of I lift station and other sites, granting Of appropriate . easements. and dedication of
(J) The OWNER shiall Instal( landscapiing along SR 48 per City standards during the
= "S. ' 1 C r. -� i • .: " #4{. ' �.tl iL €.,11_t� ltii r [. c
(A) The CITY has evaluated the proposed land uses, Intensities, densities and other
that the proposed land uses.' densities, I Iritensities and other as the proposed use of the
• rasmme
e surrounding and proArnate
Property. provides for a pattern of harmonious and transitioned land uses, and generally
comports wii • • and generally accepted land use and development practices ans
principles.
(B) The parties acknowledge that the CITY cannot contract to approve specifc
Comprehensive Plan provisions or rezoning requests. The C17YS only obligation with rasped
to Comprehensive Plan deve- lopment andtor amendments and reizonlh g requests Is'to process
the
the applications and make. doplelons to approve or deny the applic9dons based upon the legal
(C) The CITY agrees that It would be appropriate In terms of sound growth
management and land use planning and development principles to provide that the Property,
upon annexation Into the CITY, are looted within the "urban services boundary- One of
0
FI
lit
with
the PCD zoningand - • Construction attachedhereto as t e !
(F) Consistent w(th the existing PCD zori"ing, Owner has sukxnitted for a storrnnarater
pen nit with the St" Johns River Water Managenieh )Wflct (SJkWMC). `tries said peimm is
Issued by SJRWMD. Owner'shall Eie'perrnitted*t6'c6rfift ence'wi site dewing, earthwork and
mass grading . r r: upon rz •t of • necessary r rt parrnits y
as me be
',r.:.6.1 • 1 Deanng)SMn. Any potential proposed •..:. ♦ • :: W t r ofthe Propertyor
any partor farts of the r • LVL -244L -V. -:v •• • G : 4 re v : r: A t :. ♦ f' • • ,
171, Florfda ,Statufes.
(A) The CITY • the OWNER' agree to b6opera'W *it all
w ••rt the
entitlements In the
Iroperty and Wth regard to'sound developmental practices and procedures. This good fgth
cooperation by s the OWNER*• r r rt • • 4OWNER r
necessary local, State and Federal pemft. developnwA orders, licanses, easerne
nts and other
approvals or rights In connection with the developrnent of the Property In accordance with all
applicable r use,• r land develoorn6ntbuilding and construction r:.• • provided,
however, that CITY no costs Incurredrelativeto imch mattersand e develoW
(8) The CITY will develop the CITYts Comprahensir+°e Flan and. the OWNER will
cooperate with the CITY by providing the CITY with all necessary a'nd'deslrable date and
analysis to Include the annamd property « " the overall Plan development.
8
1143O7N3 - # SZM 7 42
(C) The CITY w 11 irnpiemeiit the 'adopted Comprehensive O%n, as appropriate,
through its land development regulations, as'MOY' be necessary or required.
.,a.s.. o L: t • of FuI.. • . tom" . ! 5... • 1 ,
oWftt.anding anything to the
contrerystatedelseMere Ih this Agr6emeint,t .. no obligation tofund any
ftoon , , in addition to the acts recited in or W forth in this
Agreement• w OWNER agree to Perfbrm or cause to baperfmned, In a timely
this Agreement Including, but not limited tD. the'exacution and/or recordation of further
Instruments; Provided, however, that the CnYs obligations shall be subject to such limitations
of law as may be applicable to municipantles.,
Section I 0s , LJM#ftng_yf ftM2ghM, The Parties * hereby agree not to pursue' an
award of monetary damagei for a breach of or non-performanoe Under this Agreement The
orgy remedies available against the non-PerfOnTlIng Party shall be e*W to withhold further
Performance under the Agreement until the non-performing party or parties cure the non -
Performance or to seek a o
and for Seminole County, Fkufd . a req
uIrIng the non-pedorming, party to fulfill Us obligations
Under Agreement. However.• M • in i °t1reement shallbe construed to limit the right
of the OWNER or'the Crr� to 11*MU6 any and all available r . eMe . dies, N I a . ny, . under tort or
constitutional law related to a parly's nOn-ParforManoe -under the Agreement The CITY shall
not be deemed to haw waWd sovereign Immunity In any manner oriespiect.
Section 11. 01we, I'Mer of Third eAft 139rijifililegrM.', ' This Agreement W solely for
ft benefit of the formai Part[ as to this Agreement, and no right or cause of action shall accrue
by
reason hereof • or i' benefit ofany third party not9Iormaiparty• • •
In thisAgreeme id or
atly
person or entity any right, remedy or claim under or by reason Of this Agreement or any
9
\145M\83 - # 527827 v2
provisions or conditions herar other than parties e and their respective
This Agreement shall become effective, upon Its being du . ly executed by of the parties
hereto(the mEffective# does xnot annex the Property within sbrty (86) days of
forcethe Effective Date, then thls.Agreerrieni: shall Imme . diate. ly terrninate'and be of furthe'
no r
or effect, and, In that event, the CITY, as escrow agent, shall Immediat+eiy release and deliver
the Annexation Petition to the OWNER, ;anti. the Otll NERC shall-b6"'en to mord, ai the
CITY s expense, a Notice of Termination of this Agreement in the Public Records of Seminole
County, Florida.
SectIon 13, IndemnMliiflon.e. extent
but
subject to the statutary
limits Of Hability' Set forth at Section 766.28, 'Abirida ftfiges, the Cny
agrees to indemnify and hold harmless the OWNI=R from and agi ,st any aInd ail claims,
assertions, damages, judgments and lawsuits arising from the acts or omissions of the CITY or
Its officers, employees or agents under and pursuant to this Agreement Reciprocally, the
OWNER agree to indemnify sand hold -harmless the CiTY front :and agalnst any and all dams,
assertions, damages, judgment and lawsuits arising from the acts or omissions of the OWNER
or OWmritheir) offrcrs, ernpioyees or agents under and pursuant to this Agreement.
Section 14. _-Tirne Of The EencqTime is cat` the essence of the !awful performance
of the duties and obligations contained in this Agreement The parties covenant and agree that
they shall diligently and expeditiously pursue their respective obligations set forth in this
Agreement.
59910" I S, Succvassors„�p,�! Assi�r�s, . This Agreement and the terms-ond conditions
hereof shall be binding upon and inure to the benefit of the CITY and OWNER and their
respective successors in interest.
u4smM3 - # 52M7
10
shall be oonstrued,'controlled and interpreted accordli ':to the LawS of the'
ng State of Florida.
Further,to permissible 'Y Of the StateR Florida,there Is d• 1
between this Agreement and the terms of ft CI7Ys land developmeaL_ �u
this Agreement shall control.
undertaken all necessary actions to execute this Agreement, and that it has the legal authority
to enter Into this Agreement and to undertake all obligations imj ed on It
- , business,
xpense, record a fully executed
iiunterpart of this Agreement In the Public' Records 'of SeHWe Cbjj*,-h6-Ada-'
and enforcement of this Agreement In any action or proceeding required to enforce or Interpre-1
the terms of this Agreement, :venue shall be In Seminole County, Florida.
SArMgj.on Ch In Law. If State or Federal lawns are enacted after
execution of this Agreement'which are applicable to and preclude the parties' compliance with
the terms of trismenta ' thi ....
Age Agreement eha11 be` rnodi�ed or revoked as Is necessary to
compty with the relevant Stene or Federal laws and the Intent- of the parties hereto; provided,
however, that the CITY agrees that it shall not modify this Agreement In any manner which
would In any way be Inconsistent with the intent'cf the parties to provide for development of the
Itoign 21, DGWUMUt * lnkmadlftin'of ft Aamment. This Agreement
the result of bona Wo arms h hZj�q�j'%
have contributed substantially and materially to the preparation of the'AgteejijehL AccordIngiy,
this Agreement shall not be construed or • • more strictly•: one party
against any oar party.
11
\145078\69 - # 527627 v2
7229ft 22. 'AROMOMs' EDO" and Cosft. In the went of any action to enforce the
tenns of this Agrean*4-,&%
fees, paralegals' fees, and costs Inc urred, whether the same be Incurred in pre-ougation
negotiation. ,rt t 4 the Vial or • in appeal.
«
» • r or -captions'of the sectionsand subsections contained In this
Agreement are used for convenience and reference only, and do not, In themselves, have any
legal significance and shall riot be afforded any.
• r t «• r• ar 77,1117711
are an Integral part of #
-* y • _ calx° l3ound. to recordationof this Agreeme benefits
and burdens of Us Agreement shag become a* covenant ru 'ni
n ng with the title, to the Property,
and all parts and parcels th6reoC and this Agreement shall be"6inding upon'sind Inure to the
_Ir
benefit of ••th t b 7 it b rS, .r t" to
said
PrOPOrtY. and all Parts and roeft thered.
PP
._j*h1Ijty. if any provislon.of this Agreement, thedeletion of which
would not adversely affed the receipt ot any malarial benefits by either party to the Agreement
or substantially InCrease'tM burdeh 'i)f either party to z the. %Agi6i6rnieh�' I be held' to be
shal
unconstitutional, Invalid r •r •^ r' Y r « toany extentby court4 ikw srt 'tent jurisdictim,
portionll be deemed aseipe'rate.distinct,#Independent♦ •visionand the •
affect In any respect whatsoever the validity or enforceability of the remainder oithe Agreement.
ftecggn 26,► •1.Any noticeto be deftvwed hereunderbe e
and "I be deemed to be delivered (Whether or not actually received) when 0) hand'delivered
to the • it b « rt _ «.,• • upon
Unit• r r • r . ♦ •� •
«rt SUtespostage ♦ #.. • •e..breturn_c». •requested, addressed. to the
parties as follows (facsirrale triansmittal is not acceptable as 6 form (if r*fte I'
n this Agreement):
12
U4507VS3.0 327827 v2
To the CITY: +1'fY .:e
CITY of Sanford
300 N. Park Avenue
Sanford, Flodda 327'11....
To the OWNER
Greg. A. Boyd. i:.oce«,,tive Mice Presment
USA Star -A -Way, litc:
4051 West SR 46
Sanford, Florida 32771
• 1 L l' • = .1. . • c F -ftie «..
;�06�6 'and entire
agreement
. between the MY
w
OW eR with s to the
• « , •
Supersedes any and all prior agreernents, arrangementsOr •c • ♦s, whether oral or
between the parties ielating thereto, an ,
• ♦ w.
N a • !.. L11...3i • L.. This AbI66rfi6M*h*W'b6
amen
... changed,
Modified, and Material provisions hereunder may not be WaNed, except by a wrMen docurnent.
of equal dignity herewith, approved by the Sanford City Council and the OWNER and signed by
all parties to this Agreement.'
counterparts,of wh «shallbe
deemedanoriginal, but all'of which, together,
13
1145MM3 • 0 527827 v2
WHEREFORE, the parties hereto have caused these presents to be signed alias of the
date and year first above in M66.
CITY OF SANFOtD FLI~)l�
�IDA'
Linda Kuhn, Mayor
Attest,
Afiet Dougherty
City Clerk
Dale:. ec&YL�&, ""�,r
For the use and rellanoe of Me City of
Sanford only. Approved as to form
and legal sufficiency.
William L Colbert, Esquire,' 04 At6Cimey
(Signature• r . .
14
\145MM -is 527827 v2
♦
STATE OF Florida j
COUNTY OF SEMINOLE..; , j
By: Seffftfe Warehouse Partners 11, •
I
As
.� �. rs
SIR-
• i Y !n t i4id r oath.
WMESS my tand t •x « "' i i 4« •'
(Seal)
*cmwftwt���t
a •�t!//tIiiYil ♦yrq
\14507M-#5=27 v2
THE EAST 206.00 FEET OF THE WEST 112 OF LOTS 97 AND K LESS ANI) EXCEPT THE NORTH 330.06'
FEETTHEREOF AND Also ESS AND EXCEPT ROAD RIGHT OF WAY FOR WEST STATE ROAD 4'ON
SOUTH, FLORIDA LAND A COLONIZATION COMPANY LI%ATl9b'W. VIEWALL'S MAP OF ST.'
JOSEPH'S, ACCORDING TO THE PLAT THEk". AS'kECokbkb IN-LA'P " T" "
BOOK t PAGE 'It4,'PUBLjib
RECORDS OF SEMKOLE COUNTY, FLORIDA, MORE PAR`IlCUl-ARLYDESCk%ED AS FOLLOWS:
BEGIN 124.00 FEET EAST OF THE SOUTHWEST COMM OF LOT K FLORIDA LAND AND
COLONIZATION COMPANY L09M W. BRARDALLS MAP OF ST JOS9M AC'0-()kbiN0'T0"nM PLAT'"
THEREOF, AS RECORDED W PLAT BOOK l,'PA09 * f 14, PUBtIC'RkC6kJO'$*. OF, SEMINOLE 00UN'IY,
FLORIDA. THENCE RUN EAST 206.00 FEET; THENCE RUN NORTH 1, 494.00 FEET TO THE NORTH LINE
OF LOT 97 OF SAID PLAT: THENCE RUN WEST 206.00 FEET, THEME RUN -SOUTH G4 "k,000010,mig
POINT OF BEGINN(NG- LESS AND EXCEPTIHE NORTH13040 FEET THEREOF AND ALSO LESS AND
EXCEPT ROAD RIM OF WAY FOR WEST STATE ROAD 46 ON SOUTH
44
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 19
SOURANGE 30 LAST, MWOLE COUNTY. FLORIDA; THEME . RUN W.99"5017"E. ALONG THE
NORTH LINE OF SAID NORTHEAST 114 A DISTANCE OF 6".52 -FEET, THEME DIPAKTINd SAID No]kTH
LINE RUN 5.00°17,66"E„ 15-00,PM TO A POINT ON THE'SOUTHRIGHT-OF-WAY'-lIq OFNARCISSUSAVENUE; THENCE RUN N.89*50,IrR ALONG SAID SOUTH UNI 120.00 FW, THENCE RUN S.00*17V6-#
ALONG SAID SOUTH LINE S-06 PUT, THENCE RUR xtoosotrX ALbNd SAID LIK-*u - FEET
TO A POINT ON THE EAST' LmE,OpTHE -&
WEST, -,-o# " AND -K dodikkk LAND AND
COLONIZATION COMPANY LIMITED W. DEARDALL'S MAP CIF ST.. josmiR ACCORDING To THE vLAT
THEREOF AS RECORDED IN MAT udok, i`PA og,-If4-6THE -Pj2Dij;6- RgCORDS .'OF SEfvtNOLE
COUNTY, FLORIDA. THENCE RUN S.00-17j�6-j A1040 SAID -zAft'IMIA ]615TAME'O# 1337.40 FEET
TO A PONT ON THE NORTH RIGH' =OF J; M OPWltft STA JTRbAbNb. 46 AS SHOWN ON
FLORIDA DEPARtMMITP('H'tT-OF-WAYM" SECnONM30�2107-TMMM)tUl4S.99*37,oi-V.ALONG
SAID NORTH RIGHT-OF-WAY LINE 20,6.24 ii&i TO'A PONT O-Nn'M WEST LINE OF THE EAST 206.00
FEET OF THE WEST 1/2 OF LOTS 87 AND % OF PLAT, TfmCE,'DEPART *G, SAID NORTH RIGHT
OF -WAY LINE RUN N.0001 7%*W. 823:29 FEET To A'poM'oW Tom'6f lft'ii6kTH'53i00
FEET OF THE WEST 124.00 FEET OF SAID LOT gl. THENCE kut4 g.gq-swjrW. ALONG SAID SOUTH LINE
120.00 FEET TO A POINT ON A LINE 4.00 PEET EAST OF AD PAWIEL TO THE VESt LINE OF SAID
LOT 87: THENCE RUN N-00*17%"W- ALONG SAID LINE A DISTANCE OF 520.00 FEET to THE poWr OF
BEGINKING,
CONTAINING 7.767 ACRES MORE OR LESS.
\145078183 -# 528384 vl
__ljjlfllllll�l
,ji
-ti
Ordinance No. 4010
'Anordinance ofthoCKyotSiiMrds"FliiWi--*4-" 4
-oy voluntary
ceftain0W. Prop 6r*(raiPa",l4nt"
00MM70) located con*Licitm 46 the CKV` ot'Samford 'in -accordance
with the voluntwy'awmtftn'orovkdohs ofSom6ftfi 171.
$664w. redelining VW'boundaries ^ of tom' C*-(i-jf-SjrR
said property; providing for llndlnqs; Alrik-Mig
record the ordinance with the Clerk of'" -Crmuk- tourt, wflh-'"
chief adm- 16160MN4 officer- of SiMinjili j�- ty 4
Deparbnont of State; providing " for a legal- all, a ma
r!opoallng all brdlhonaw'- in 'c6nfild--
- , .;
severabluty; pnmdng,f6r non-cWM6k6on* and-flo-taldn''
g bf
and pro
Wh6M#4, Um OP~ Is do fft sft* ft oww of &Wd pmpwty bekv dasWW as
Tax Parcel 1111% all Numibor Propsiv*00iri6r
•
IA I-
7111 MITAII
A
♦ e•• cWAII 1"4 1401 • (.1i J
/4h .�' J
`tp&a POVO. City Ckwk
«' •� .►
A
r'
City Commission of the City of Sanford,
FRmida
Kuhn. hbyob
•
#0 front door of the City in the City of Sanford, Flodda, on day'Olf rnber,
/:
..J�....
&:4he At*t•'i M C k4k of the City
4� "t
Ordinance No. 2018-4476
An ordinance of the City of Sanford, Florida relating to a Planned
Development (PD) rezoning and combining the Seminole Business
Center 11 PD and the National Car Wash PD with an additional 1.68
acres and amending the specific uses and development standards to
create the revised Seminole Business Center 11 PD; approving a PD
master plan; providing for the rezoning of real property located at
3980 West 1st Street and assigned the following Tax Parcel
Identification Numbers: 16 -19 -30 -SAC -0000-087A,
16-19-30-5AC-0000-087C, 16-19-30-5AC-0000-096A,
16-19-30-5AC-0000-0960 and 16 -19 -30 -SAC -0000-096E all of which are
located 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 3980 West 1st Street as a Planned Development (PD) zoning
classification/district being named the revised Seminole Business Center 11 PD which
results from combining the Seminole Business Center 11 PD and the National Car Wash
PD with an additional 1.68 acres of real property; and
Whereas, the revised Seminole Business Center 11 PD property is located on
the north side of West 1st Street approximately 635 feet east of Monroe Road; and
Whereas, the site, totaling 10.07 acres in size, is currently assigned the PD,
Planned Development, and AG, Agriculture, zoning classifications/districts with an
underlying Future Land Use of WIC, Westside Industry & Commerce as assigned in the
City's Comprehensive Plan; and
Whereas, on September 25, 2006 the City Commission enacted Ordinance
Number 4010 annexing an existing Seminole County Planned Development on Tax
IP
Parcel Numbers 16-19-30-5AC-0000-087A, 16-19-30-5AC-0000-087B and
16-19-30-5AC-0000-087D subject to the execution of a pre -annexation and economic
development agreement (dated October 4, 2006) with an added stipulation that
landscaping be installed along State Road 46; and
Whereas, on July 23, 2001 the City Commission adopted Ordinance Number
3659 rezoning on Tax Parcel Numbers 16-19-30-5AC-0000-0060,
16-19-30-5AC-0000-096A and 16-19-30-5AC-0000-0968 from County PCD, Planned
Commercial Development, to City PD, Planned Development, subject to the following
stipulations and conditions:
M
(1). Site shall be developed in accordance to the National Car Wash —
Sanford PD Master Plan dated May 3, 2001;
(2). Execution and recording of Development Order No. 01.0020;
(3). All detailing of automobiles is to be done within the car wash
service area or behind the building to screen activities from the SR 46
Gateway Corridor;
(4). All outdoor activities shall be screened from adjoining property
lines;
(5). Evidence of a cross access easement/agreement having been
dedicated to this property shall be provided for access rights across
the Seminole County property to west of the site; and
(6). All required trees within landscape buffers abutting a right-of-way
shall have a minimum six (6) inch caliper at four and one half (4 Y2)
feet above grade;
Whereas, the WIC land use designation permits both a vertical and horizontal
land use mix of commercial, office, residential and the maximum intensity for commercial,
office and industrial development as a floor area ratio of 0.50. The maximum residential
density shall be 20 dwelling units per acre
Whereas, the creation of the revised Seminole Business Center 11 PD Master
2 1 P n
Plan, which is proposed to be a mixed use commercial/industrial development, would be
consistent with the intent and purpose of the WIC land use designation.
Whereas, to promote Westside Industry and Commerce, 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. Planned Development proposals in the WIC area may be the
subject of negotiated development agreements.
Whereas, the subject PD property is within sub -area 8 of the Seminole
County/City of Sanford Joint Planning Area and this area is reserved for target industry
and SunRail support type development as there is limited vacant acreage available on
which target industry will be able to locate with single-family and low or medium density
residential development being incompatible within this area; and
Whereas, the property owner is Belle Limited Liability Company and Robert J.
Maksimowicz is the sole manager and member; and
Whereas, the applicant for the Revised Seminole Business Center 11 PD
approval is William E. Burkett of Burkett Engineering; and
Whereas, a Citizen Awareness and Participation Plan (CAPP), conducted by
Mr. Burkett, meeting the requirements of the City has been submitted to the City; 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
3 1 P < � �:17 e
of the Comprehensive Plan of the City of Sanford, the City's Land Development
Regulations (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 August 2, 2018 the Planning and Zoning Commission
unanimously 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 City's LDRs, and the controlling provisions of State law;
M
Whereas, the City Commission of the City of Sanford, Florida has taken all
actions relating to the revised Seminole Business Center 11 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.
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; the Revised
Seminole Business Center 11 PD.
(a), Upon enactment of this Ordinance the subject property, as depicted in the
map attached to this Ordinance shall be rezoned to the revised Seminole Business
Center 11 PD which results from combining the Seminole Business Center 11 PD and the
National Car Wash PD with an additional 1.68 acres of real property 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 Revised Seminole Business Center 11 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
5 11' < i 'r :
relating to the action taken in this Ordinance include the following:
(1). Pursuant to Section 4.3.G of the City's LDRs, this rezoning shall expire 3
years from the effective date of this Ordinance if all improvements have not been
completed or an extension granted.
(2). All development shall be consistent with the Seminole Business Center 11
PD Master Plan, dated as received by the City on June 5, 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). All land use activities conducted on site shall be in accordance with
Schedule B — Permitted Uses, City LDRs, for real property assigned the GC -2, General
Commercial, and the RI -1, Restricted Commercial, zoning classifications/districts with the
exception that no vehicular land uses shall be permitted on site. The less restrictive
requirement for establishment of any specific land use category shall prevail on any given
use. If a conditional use approval is required in both zoning districts, then a conditional
use approval is required to establish the use.
(4). All activities shall be conducted indoors, including any storage or assembly
unless approved in accordance with Schedule B, Permitted Uses, City LDRs.
(5). All signs on site shall be subject to an approved comprehensive sign plan
as established in Schedule K, Sign Regulations, City LDRs.
(6). Appropriate buffers by means of decorative walls or evergreen shrubs shall
be provided to minimize impacts on any adjacent residential uses as determined by City
staff.
(7). Unless otherwise specified on the Seminole Business Center 11 PID Master
6 1 P
Plan, all development shall comply with setback and buffer requirements set forth in
Schedule J, Landscape, Buffer and Tree Requirements; Schedule U — Overlay Districts,
City LDRs; and the Sanford — Seminole County Joint Planning Agreement, as they apply
to this PD project.
(8). All requirements relating to wetland and tree mitigation as established in the
City LDRs shall be met prior to development of the site.
(9). If determined to be required and prior to any issuance of a site development
permit relating to the subject property, acceptable fencing around the property shall be
submitted for City staff approval.
(10). The following design elements will be considered during the development
plan review:
(a). Site improvements 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 City's LDRs.
(d). A decorative and functional fountain shall be installed and
maintained in all wet retention ponds.
(111). The resolution of all disputes arising from development under the Revised
Seminole Business Center 11 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 Revised
Seminole Business Center 11 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
revised Seminole Business Center 11 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 City's LDRs; provided, however, that the actions taken herein shall be
depicted on the zoning maps of the City of Sanford by the City Manager, or designee.
(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, or their successor(s) in interest 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.
Attest:
Section 7. Effective Date.
This Ordinance shall take effect upon enactment.
Passed and adopted this 10th day of September, 2018.
City Commission of the City of
Sanford, Florida
Traci Houchin, City Clerk Jeff Triplett, Mayor
Approved as to form and legal sufficiency.
William L. Colbert, City Attorney
91
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PARCEL 2 LEGAL DESCRIPTION.
N 330 FT of E 206 FT of W 112 of lot 87
(loss N 20 FT for RD) ST JOSEPHS
SUEaVISION, acoon*V to the plat
thereof as recorded in Plat Book 1,
Page 114, of the public records of
Seffdmle County. Florida.
Semkvge County
W 1ST ST
PARCEL 3 LEGAL DESCRIPTION:
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114, of the public records of Seminole
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PARCEL 2 LEGAL DESCRIPTION.
N 330 FT of E 206 FT of W 112 of lot 87
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SUEaVISION, acoon*V to the plat
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Page 114, of the public records of
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W 1ST ST
PARCEL 3 LEGAL DESCRIPTION:
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