4640 Comp Plan Amendment 14.94 acres - 3600 Skyway DriveOrdinance No. 2021-4640
An Ordinance of the City of Sanford, Florida amending
the City of Sanford Comprehensive Plan, as previously
amended; providing for amendment of the Future Land
Use Map of the Future Land Use Element of the City of
Sanford Comprehensive Plan relative to certain real
property, approximately 14.94 acres in size (Tax Parcel
Identification Numbers 03-20-31-5AY-0000-057A, 03-20-
31-5AY-0000-05713, 03-20-31-5AY-0000-064A and 03-20-
31-5AY-0000-00640), addressed as 3600 Skyway Drive),
and described in this Ordinance from Seminole County
from HIP -AP, High Intensity Planned Development —
Airport, to City AIC, Airport Industry and Commerce;
providing for legislative findings and intent; providing
for assignment of the land use designation for the
property; providing for severability; providing for
ratification of prior acts of the City; providing for
conflicts; providing for codification and directions to the
Code codifier and providing for an effective date.
Whereas, DP & DP Inc. and Takvorian Properties, LLC are the owners of the
property which is the subject of this Ordinance (Tax Parcel Identification Numbers 03-
20-31-5AY-0000-057A, 03-20-31-5AY-0000-057B, 03-20-31-5AY-0000-064A and 03-
20-31-5AY-0000-00640) as assigned by the Seminole County Property Appraiser); and
Whereas, the subject real property (a site 14.94 acres in size) is located at
the south side of East Lake Mary Boulevard at the corner of East Lake Mary Boulevard
and Skyway Drive and is addressed as 3600 Skyway Drive; and
Whereas, the subject real property is located within sub -area 4 of the 2015
Seminole County/City of Sanford Joint Planning Agreement; and
Whereas, the property owners of the property which is the subject of this
Ordinance are further identified as follows: DP & DP Inc. is a Florida corporation with
headquarters in Sanford, whose directors are Deonarine Persaud and Dhanmattee
Persaud, and (2). Takvorian Properties, LLC, a Florida limited liability company,
headquartered in New Jersey, whose managers are Ann Takvorian and S. Theodore
Takvorian; and
Whereas Mr. Geoff Summit, P.E. of GL Summit Engineering, Inc. is serving
as the applicant and representative of the property owner; and
Whereas, on April 11, 2021, the City Commission enacted Ordinance Number
4596 to annex the property into the City Limits of the City; and
Whereas, a modified Citizen Awareness and Participation Plan (CAPP)
process adhering to the requirements of the City has been accomplished by Mr. Summit
to the satisfaction of the City; and
Whereas, the real property which is the subject of this Ordinance was
assigned the County's from HIP -AP, High Intensity Planned Development — Airport,
land use designation prior to annexation of the subject real property; and
Whereas, the City of Sanford's Planning and Zoning Commission, as the
City's local planning agency, held a public hearing on October 21, 2021 to consider
amending the Future Land Use Map of the Future Land Use Element of the City of
Sanford Comprehensive Plan and recommended approval of the proposed Future Land
Use Map amendment to the Comprehensive Plan for the subject property as requested
by the property owner; and
Whereas, Section 163.3187, Florida Statutes, relates to the amendment of
adopted local government comprehensive plans and sets forth certain requirements
relating to small scale amendments and which are related to proposed small scale
development activities and provides, among other things, that such amendments may
be approved without regard to statutory limits on the frequency of consideration of
amendments to the City of Sanford Comprehensive Plan; and
Whereas, the City of Sanford has complied with all requirements and
procedures of Florida law in processing this amendment to the City of Sanford
Comprehensive Plan including, but not limited to, Section 163.3187, Florida Statutes;
M
Whereas, the City of Sanford has complied with Florida's Community
Planning Act which was amended during the 2021 Legislative Session by the passage
of Committee Substitute for Committee Substitute for Committee Substitute for House
Bill Number 59 (initially codified as Chapter Number 2021-195, Laws of Florida) to
require every city and county within the State "to include in its comprehensive plan a
property rights element" (Section 163.3177(6)(i)1, Florida Statutes).
Now, therefore, be in enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings and intent.
(a). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(b). This Ordinance is internally consistent with the goals, objectives and
policies of the Comprehensive Plan of the City of Sanford and the proposed
Comprehensive Plan amendment does not trigger any urban indicators and adoption of
this amendment will discourage the proliferation of urban sprawl within the City of
Sanford.
Section 2. Amendment to Future Land Use Map.
(a). The Future Land Use Plan Element of the Comprehensive Plan of the City
of Sanford and the City's Future Land Use Map is hereby amended by changing the
land use designation from Seminole County from HIP -AP, High Intensity Planned
Development — Airport, to City of Sanford AIC, Airport Industry and Commerce, with
regard to the real property which is the subject of this Ordinance as set forth herein.
(b). The property which is the subject of this Comprehensive Plan amendment
is described in the exhibits hereto and is assigned Tax Parcel Identification Numbers
03-20-31-5AY-0000-057A, 03-20-31-5AY-0000-057B, 03-20-31-5AY-0000-064A and
03-20-31-5AY-0000-00640 by the Seminole County Property Appraiser and is more
specifically described as follows:
The South 345.3 feet of Lot 57 (less the East 150 feet).
FWAI MR
Lot 57 (less the South 345.3 feet and beginning at the Northwest Corner
run South 86.9 feet, South 88 degrees 48 minutes 25 seconds East
642.73 feet North 105.49 feet West to the point of beginning.
Ulm
Lot 64 (less thee West 177.26 feet of the South 1/2 and beginning 189.9
feet North of the Southeast corner run West 83.5 feet North 143 feet West
34 feet North 327.1 feet East 117.5 feet South 470.1 feet to the point of
beginning.
Beginning 189.9 feet North of Southeast corner Lot 64 run West 83.5 feet
North 143 feet West 34 feet North 327.1 feet East 117.5 feet South 470.1
feet to the point of beginning.
All lying and being located in the subdivision of lands styled, MAP OF
SANFORD CELERY DELTA, as recorded at Plat Book 1, Pages 75 and
76 of the Public Records of Seminole County, Florida.
Section 3. Implementing Administrative Actions. The City Manager,
or designee, is hereby authorized to implement the provisions of this Ordinance as
4 1 P
at e,
deemed appropriate and warranted.
Section 4. Ratification Of Prior Actions. The prior actions of the City
Commission and its agencies in enacting and causing amendments to the
Comprehensive Plan of the City of Sanford, as well as the implementation thereof, are
hereby ratified and affirmed.
Section 5. Severability. If any section, sentence, phrase, word, or
portion of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not
be held to impair the validity or effect of any other action or part of this Ordinance.
Section 6. Conflicts. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 7. Codification/Instructions to Code Codifier. It is the intention of
the City Commission of the City of Sanford, Florida, and it is hereby ordained that the
provisions of this Ordinance shall become and be made a part of the codified version of
the City of Sanford Comprehensive Plan and/or the Code of Ordinances of the City of
Sanford, Florida in terms of amending the Future Land Use Map of the City.
Section 8. Effective Date. The small scale Comprehensive Plan
amendment set forth herein shall not become effective, in accordance with Section
163.3187(5)(c), Florida Statutes, until 31 days after the enactment of this Ordinance. If
challenged within 30 days after enactment, the small scale amendment set forth in this
Ordinance shall not become effective until the State land planning agency or the
Administration Commission, respectively, issues a final order determining that the
subject small scale amendment is in compliance with controlling State law; provided,
however, that this Ordinance shall not take effect until the annexation ordinance
5 1
3
annexing the property that is the subject of this Ordinance is final.
Passed and adopted this 13x" day of December, 2021.
Attest:
Sanford, Florida
Traci Houchin, MMC, F
City Clerk
Approved as to form and leg
-7,Colbert,tsqure
City Attorney
,
A-6 A
City Comm
USA
n _ of t& , City of
6 1 P g '
PROJECT INFORMATION — 3600 SKYWAY DRIVE
COMPREHENSIVE PLAN AMENDMENT
Requested Action: Amend the land use of approximately 14.94 acres from HIP -AP, High Intensity Planned
Development – Airport (Seminole County) to AIC, Airport Industry and Commerce
(City Equivalent) at project address of 3600 Skyway Drive.
Existing Uses: Vacant
Project Address: 3600 Skyway Drive
Current Zoning: AG, Agriculture
Tax Parcel Numbers: 03-20-31-5AY-0000-057A, 03-20-31-5AY-0000-057B, 03-20-31-5AY-064A,
03-20-31-5AY-0000-00640
Site Area: 14.94 acres
Property Owners: Takvorian Properties, LLC
26 Bridge Street
Hackensack, New Jersey, 07601-7018
DP & DP INC
3590 Skyway Drive
Sanford, Florida, 32773-9502
Applicant/Agent: Geoff Summit, P.E. – GL Summit Engineering, Inc.
3667 Simonton Place
Lake Mary, Florida, 32746
Commission District: District 1 – Sheena Britton
Seminole County District 1 – Jay Zembower
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: HIP -AP, High Intensity Planned Development
Surrounding Uses and Zoning:
Uses
North Sanford Army Reserve Center
South Vacant
East Residential PD
West Residential Single Family
Zoning
AG, Agricultural
A-1, Agricultural (Seminole County)
PD, Planned Development (Seminole County)
HIPAP, Agricultural (Seminole County)
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:
Page 1 of 2
Drainage: The stormwater system will be designed to meet the City of Sanford and SJRWMD
requirements.
Roadways: The average daily trips estimated for the overall project is 1,693 trips with 1.1.6 PM peak
hour trips. A traffic impact analysis was completed June 2021.
Water: Water services will be provided by the City of Sanford.
Sewer: Sewer services will be provided by the City of Sanford.
LOS Standard Proposed Overall Demand Facility Capacity"
Potable Water: 144 gal/capita/day 35,900 gals/day* 9.02 MGD (CUP Capacity)
Sanitary Sewer: 132 gal/capita/day 47,400 gals/day* 9.3 MGD
Solid Waste: 2.46 lbs/capita/day No Data Provided 21.5 million tons
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 Water Sanitary Sewer
Recorded 3 -month Average daily flow: 7.08 MGD
Recorded 12 -month Average daily flow: 7.56 MGD
Projects with FDEP permits (not in service): 0.78 MGD 1.044 MGD
As provided by the applicant.
As provided by the City of Sanford's Utility Department. (CUP — Consumptive Use Permit)
TADevelopment Revim103-Land Developrncnt'�021\3600 Skyway DriveTMIlroject Info Sheet - 3600 Skyway Drive - Rezone - 5A doe,
Page 2 of 2
City of Sanford Comprehensive Plan Amendment
Site: 3600 Skyway Drive
Parcel No: 03-20-31-5AY-0000-057A, 03-20-31-5AY-0000-057B
03-20-31-5AY-0000-0640, 03-20-31-5AY-0000-064A
Proposed Future Land Use: AIC - Airport Industry & Commerce
14.94 Acres
Legend
Existing Land Use
Future Land Use
Agriculture
Airport Industry & Commerce
DA
Low Density Res. Single Family
Institutional
Parks, Recreation & Open Space
Public
Recreation
Multi -family
Mobile Home
Single Family Residential
Transportation
Vacant
N
Existing Land Use
MARY BLVD
IN
_-_-11
City of Sanford Department of Planning & Development Services, September 2021
September 2021
Present Future Land Use
I110 M M Ry BLVD
If
gm,
HIPAP
� W
/A 10/n/% Seminole
County
HIPAP I
Seminole
County I
SE
Seminole
County
Requested Future Land Use
BLVD
5,
HIPAP
Seminole
County
HIPAP
Seminole
County
SE
Seminole
County
ttrri�� Bras)
tS'T,a���
AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
Ownership
i DP & DP INC
Tax Parcel Number(s):
, hereby attest to ownership of the property described below:
03-20-31-5AY-0000-057A; 03-20-31-5AY-0000-057B
Address of Property: Skyway Drive Sanford, FL 32773
for which this Planned Development 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 application is accurate and
complete to the best of my personal knowledge.
Applicant's Agent (Print): G L Summitt Engineering, Inc. Signature: _
Aaent Address: 3667 Simonton Place Lake Mary, FL 32746
Email: geoff@giseng.com Phone: 407-323-0705 Fax:
III. Notice to Owner
A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require a new affidavit. if ownership
changes, the new owner assumes all obligations related to the filing application process.
B. If the Owner intends for the authority of the Applicant's Agent to be limited in any manner, please indicate the limitations(s)
below. (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc.)
The owner of the real property associated with this application or procurement activity is a (check one)
❑ individual ❑ Corporation ❑ Land Trust ❑ Partnership ❑ 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 company, list the name, address, and title of each manager ormanaging member; and the name and
address m{each additional member with two percent (2%) or more membership interest. If any member with two percent (2%) or
more membership inhamat, manager, or managing member is auoqmmUon. trust orpartnership, please provide the information
required inparagraphs 3.3and/or 4above.
Name cfLLC:
8. In the circumstances of contract for purchase, list the name and oddmuo of each contract purchaser. If the purchaser is e
corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and/or 5 above.
Name ofPurchaser:
Date of Contract:
NAME
TITILE)OFFICEITRUSTEE
OR BENEFICIARY
ADDRESS
% OF
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. |affirm that the above representations are true and are based upon mypersonal knowledge and belief after all reasonable inquiry. |
understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, special
exooption, or variance involved with this Application to become void orfor the submission fora procurement activity to be non-
responsive. | certify that | am legally authorized to execute this Affidavit and to bind the Applicant orVendor ho the dimo|oeume
herein.
Qi2_1 &2���
bate' Owner, Agent, Ap�ucant Signature
STATE OFFLORIDA
COUNTY OFGEM|NOLE
I HEREBY CERTIFY that on thnis ad Y, b fore me, an officer duly authorized hoadminister oaths andtake
��wlOflfj bZ i
r, 1
AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
1. Ownership
I PERSAUD, DEONARINE & PERSAUD, DHANMATTEE , hereby attest to ownership of the property described below:
Tax Parcel Number(s): 03-20'31-5"-0000-057D (a portion of)
Address of Property: Skyway Drive Sanford, FL 32773
for which this Planned Development
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 application is accurate and
complete to the best of my personal knowledge.
Applicant's Agent (Print): O L Summitt Engineering, Inc.
Agent Address: 3667 Simonton Place Lake Mary, FL 32746
Email: geoff@glseng.com
Ill. Notice to Owner
Signature:
Phone: 407-323-0705 Fax:
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 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/OFFICEITRUSTEE
OR BENEFICIARY
ADDRESS
% OF
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.
p {
Date
STATE OF FLORIDA
COUNTY OF SEMINOLE
k
aq
Owner, Agen , Applicant Signature
personally appeared ' CERTIFY
t hrtP, this d y, before me, an officer duly authorized to administer oaths and take acknowledgments,
1 HEREBY CERTIFY that o
p y pp t Who is personally known to me or { } who produced a identification
and,,acknowledged before me that s/he, executed the same. Sworn and subscribed before me, by �rnar % by means of
} physical presence or { } online notarization on the JQ day of . Lim , 202@, the said person did take an oath and was first
duly sworn by me, on oath, said person, further, deposing and saying that s/he has read the foregoing and that the statements and
allegations contained herein are true and correct.
WITNESS my hand and official seal in the County an Ste last afores� this day of <..)�A 2020.
Nota ublic; State of Florida
7tarial S al) ,;��� °.; JOHANNABASS
Name:., 4- ,: MY COMMISSION # GG 969505
r '
EXPIRES: April 7, 2024
Bonded 7hru Notary Public UndervAters
Affidavit of Ownership - February 2020
2
A
AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
1. Ownership
1, TAKVORIAN PROPERTIES LLC hereby attest to ownership of the property described below:
Tax Parcel Number($): 03-20-31-5AY-0000-064A, 03-20-31-5AY-0000-0640
Address of Property: Skyway Drive Sanford, FL 32773
for which this Planned Development 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 application is accurate and
complete to the best of my personal knowledge.
Applicant's Agent (Print): G L Summitt Engineering, Inc.
Agent Address: 3667 Simonton Place Lake Mary, FL 32746
Email: geoff@glseng.com
Ill. Notice to Owner
Signature:
Phone: 407-323-0705 Fax:
A. Ali 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)
-i Individual a Corporation
a Land Trust c: Partnership A Limited Liability Company
c. Other (describe):
1. List all natural persons who have an ownership interest in the property, which is the subject matter of this petition, by name and
address.
2. For each corporation, list the name, address, and title of each officer, the name and address of each director of the corporation;
and the name and address of each shareholder who owns two percent (2%) or more of the stock of the corporation. Shareholders
need not be disclosed 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 partoemhip, including general
orlimited partners. Ifany partner isacorporation, p|easopmvdeUheinfonna8onmquiredinpanagmph2above.
5. For each list the nomo, address, and title of each manager or managing member; and the name and
address of each additional member with two percent (2%)mmore membership interest, |fany member with two percent (2%)or
more membership interest, manager, or managing member is a oorpomhon, trust or partnership, please provide the information
required inparagraphs 2.3and/or 4above.
Name of LLC: Takvorian properties, LLC
O. In the circumstances of contract for purchase, list the name and address of each contract puohauer. 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: Toll Bros., Inc.
Date of Contract: Novemberi 1, 2020
NAME
TITLEIOFFICEITRUSTEE
OR BENEFICIARY
ADDRESS
% OF
INTEREST
S. Theodore Takvorian
Manager
26 Bridge Street, Hackensack, NJ 07601
50%
Ann Takvorian
Manager
26 Bridge Street, Hackensack, NJ 07601
50%
(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. | 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 Va make mandated disclosures is grounds for the subject mzone, future land use amendment, special
axoepUon, or variance involved with this Application to become void orfor the submission for procurement activity 0o be non-
responsive. ! certify that | am legally authorized to execute this Affidavit and to bind the Applicant orVendor Vo the disclosures
herein.
May 27, 2021
Date
STATE oFFLORIDA
COUNTY OF SEMINOLE
/Owner, Agent, AppAcant Signature
IHEREBY
C Uhphzed to administer oaths and take acknowledgments,
personally appeare'_'�' who produced as identification
,and acknowledged be efore me, by means of
Wphysical presence 2020, the said person did take an oath and was first
duly sworn by me, 0 n as read the foregoing and that the statements and
allegations contained herein are true and correct.
WITNESS my hand and official seal in the County and State last
Notary Public; State
(Affix Notarial S al
Printed Name: 2t
AffldaW of Ownership - February 2020
this d-7 day of -Y
2021.
DOINA��N
MYCON�S$K��#GG251M
EXPIRES; nmmber16,2O22 |�
[���rBonded nruwoIyPuNicundeWtm��
G L SUMMITT
ENGINE"ERING INC`
September 20"', 2021
Ms. Eileen Hinson, AICP
Development Services Manager
City of Sanford Planning and Development Services
300 N. Park Ave.
Sanford, FL 32771
RE: Parkview Phase 2 FLU Amendment Justification Statement
Dear Ms. Hinson,
As required by the City's Comp Plan below is the justification statement consistent with Policy FLU 1. 1. 1 of
the City's Comp Plan:
• The amendment shall be consistent with the Growth Policy Act (Chapter 163 F.S.):
o The property was annexed into the city and assignment of a FLU consistent with the original
County FLU prior to annexation is consistent with Chapter 163.
• The amendment shall be consistent with all elements of the City Comprehensive Plan;
o The request is consistent with the City's Comprehensive Plan by providing a compatible land use
to the subject property that is consistent with respect to densities, allowable uses and
development potential enjoyed by properties surrounding the subject parcel.
• Public facilities and services shall be available concurrent with development of the site
o The subject property has adjacent to its boundary, adequate roads, sidewalks, utilities (water,
sewer, reclaim, power and phone/cable) to allow for development of the property consistent with
the requested FLU.
• There have been changes in population, land use or economic development trends and/or
projections that warrant a change in the future land use designation.
o Development trends and population increase in Seminole County warrants the change to support
the entire dynamic of available housing and commercial uses.
• There have been sufficient changes in the character of the area or adjacent lands to warrant a
different land use designation.
o The surrounding area has been developed and the character of the area has changed to warrant
the requested FLU such as subdivisions and a charter school adjacent to the property.
(407) 323-0705
(407) 992-8650 3667 Simonton Place
www.giseng.com Civil Engineering, Planning & Project Management Lake Mary, FL 32746
• The proposed future land use designation and its allowable uses are compatible with surrounding
land use designations and with the preferred growth and development pattern of the City as
evidenced by land use policies in the Comprehensive Plan. The amendment will not significantly
alter acceptable existing land use patterns or adversely affect the livability of the area or the
health and safety of the residents.
o The requested change is similar and compatible with the land use of adjacent properties. The
potential development uses would be similar to developed properties adjacent to the subject
property and do not propose higher intensities in either density or type than surrounding
properties.
The land shall be capable of supporting development allowed under the proposed future land use
designation as evidenced by the presence or absence on the site of soil types suitable for
development, vegetative habitats, wetlands, wetland protection zones or flood -prone areas, well
field protection zones, wildlife habitats, archaeological, historical or cultural resources.
o The subject property is of similar type and historical use as the surrounding area. No wetlands,
or historical features affect the property nor are there wetlands or other environmentally sensitive
characteristics that affect the property.
• The proposed amendment will create a demonstrated benefit to the city and enhance the character
of the community; and
o The proposed amendment will create a beneficial use to the city by taking a area designated as
future urban area and allowing uses consistent with urban development and the surrounding
properties.
• If the amendment increases the density or intensity of use, the applicant shall demonstrate that
there is a need for the increase in the near planning future (10 years).
o The proposed amendment will not increase the density or intensity of the property more than was
allowed under the assigned Land Use prior to annexation.
(407) 323-0705
: (407) 992-8650 3667 Simonton Place
www.alseng.com Civil Engineering, Planning & Project Management Lake Mary, FL 32746
G t SUM.ITT
E-NGINF"ERING INC
June 29"', 2021
Ms. Eileen Hinson, AICP
Development Services Manager
City of Sanford Planning and Development Services
300 N. Park Ave.
Sanford, FL 32771
RE: Parkview Preserve Phase 2 PD Rezone CAPP Summary
Dear Ms. Hinson,
This letter shall serve as our Final Report under the modified CAPP for the proposed PD Rezoning Application
for the parcels listed above.
A letter explaining the proposed development with the subject parcels was mailed via U.S. Postal Certified Mail
on May 20th, 2021, to the affected property owners via a list created from the Seminole County Property
Appraiser's website. A copy of the mailer is attached to this letter along with the list of affected property
owners for your reference.
To date we have received feedback from one affected property owner. On June 26`", 2021, we received an e-
mail from Katherine and Robert Hunter who reside at 3730 Kentucky St. The Hunter's stated that they disagree
with the rezoning due to the proposed density and suggest that any proposed density should not exceed 3.5
du/ac. The Hunter's are also concerned by the potential drainage issues associated with work adjacent to the
drainage swales and ditches that serve Skyway and Kentucky. The Hunter's also asked that more of a buffer be
provided between the proposed townhomes and their property.
If you have any questions concerning the mailer or the response that was received, please do not hesitate to
contact us.
Sincerely,
Geoffrey L. Summitt, P.E.
President
e': (407) 323-0705
Ijb: (407) 992-8650 3667 Simonton Place
www.glseng.com Civil Engineering, Planning & Project Management Lake Mary, FL 32746
�� � � ��7�
�� 0� ^���[V�l�/��& D
--�6�VG|NBBRlNG|��C��~
0�uy2Um,2O2l
RE: Park View Place (aka Skyway Drive) PD Rezone Application Community Awareness and Participation Notification
Dear Affected Property Owner,
|amwriting to inform you of a Rezoning Application that bpending submittal to the City of Sanford for the property located
southwest corner ofSkyway Drive and Lake Mary Blvd. The boundary iashown inred below. The Rezoning Application isbeing
processed to set development standards for the property consisting of a commercial parcel along Lake Mary Blvd and townhomes
within the remaining southern portion.
Seminole County Property Appraiser
In addition, acopy ofthe conceptual site plan isalso attached for reference.
�": (407) 323-0705
(407)992-8050 S667Simonton Place
���wwvv.g|seng.cmm Civil Engineering, Planning @ Project Management Lake Mary, FL 32746
Due to the Covid-19 virus, we are asking that if you have any questions or comments, please email Geoffrey Summh1at
with any correspondence orcontact usdirectly at(4O7)3Z3'O7OS.
GLSummittEngineering. would like to address concerns orcomments that you may have regarding the PDRezoning Application.
^
Geoffrey LSummitt,P.E.
President, #58775
GLSummittEngineering, Inc.
H07 323-0705
(407) 992-8650 3667Simonton Place
ACEVEDO, REINALDO R& PEDROZA, ADEBIYI, JAMES A& MARSHA N AIRSAN INVESTMENTS LLC
YARITZA L M 3656 VOYAGER LN PO BOX 941618
3660 VOYAGER LN SANFORD, FL 32773 MAITLAND, FL 32794
SANFORD, FL 32773
AYBAR, WILLIAM R& YENNY
3964 LIGHTNING CT
SANFORD, FL 32773
CASTANO, JULIAN A JR.& COREA,
CAGNEY M
3640 VOYAGER LN
SANFORD, FL 32773
CIRINO PIZARRO, HECTOR M& DEL
VALLE, MELISSA E
3652 VOYAGER LN
SANFORD, FL 32773
CSX TRANSPORTATION
500 WATER ST
JACKSONVILLE, FL 32202
DE JESUS, DEN ELL R S& DE JESUS,
MALRENI A &
3812 CORONA CT
SANFORD, FL 32773
DP & DP INC
3590 SKYWAY DR
SANFORD, FL 32773
ESCALERA PIZARRO, YADIEL A&
TINOCO, JOANNA L
3979 LIGHTNING CT
SANFORD, FL 32773
FORNASIER, ALFREDO B& INDALECIA
1750 S CHICKASAW TRL
ORLANDO, FL 32825
BUILDING HOPESKYWAY DRIVE LLC
910 17TH ST NW#1100
WASHINGTON, DC 20006
CASTILLO, JAEL
3939 LIGHTNING CT
SANFORD, FL 32773
CIUDAD, ALEXANDER& DARLIN
3832 CORONA CT
SANFORD, FL 32773
DAVIS, JEFFERSON B JR
3645 VOYAGER LN
SANFORD, FL 32773
DEAKIN, PATRICIA M
3800 CORONA CT
SANFORD, FL 32773
DP & DP INC
3590 SKYWAY DR
SANFORD, FL 32773
ESTRADA MARINO, ANGELA M
3609 VOYAGER LN
SANFORD, FL 32773
FRONHEISER, KRISTINA 0& JOSHUA R
3661 VOYAGER LN
SANFORD, FL 32773
CANADA, SHAWN E& CANADA, BRETT E
3710 KENTUCKY ST
SANFORD, FL 32773
CASTRO VIDOT, BRIAN
282 RED POPPY CT
LONGWOOD, FL 32750
COX, DANIEL E& VALE NTINA H
3839 CORONA CT
SANFORD, FL 32773
DE GUZMAN, MA CRISTINA A
3828 CORONA CT
SANFORD, FL 32773
DINH, ANHTUAN Q
3611 VOYAG E R LN
SANFORD, FL 32773
DUKAS, PETER J
3951 LIGHTNING CT
SANFORD, FL 32773
FLOWERS, BRANDON L
3620 VOYAGER LN
SANFORD, FL 32773
GILL, THOMAS G& CAROLE A
3612 VOYAGER LN
SANFORD, FL 32773
GREENE, JUANNE V HFB KENTUCKY SQUARE LLC HOSSAN, MD S &FARZANA, FATEMA H
3604 VOYAGER LN 605 COMMONWEALTH AVE 3827 CORONA CT
SANFORD, FL 32773 ORLANDO, FL 32803 SANFORD, FL 32773
HUNTER, ROBERT G& KATHERINE N JONES, RYAN T &YURCHICK, KIMBERLY KHALADKAR, CHRISTINA L& AASJISH B
3730 KENTUCKY ST A 3975 LIGHTNING CT
SANFORD, FL 32773 3641 VOYAGER LN SANFORD, FL 32773
SANFORD, FL 32773
KINGSLEY, HOLLY M
3967 LIGHTNING CT
SANFORD, FL 32773
LAWHORNE, JAIMESEN L& RODRIGUEZ,
RICARDO A
3959 LIGHTNING CT
SANFORD, FL 32773
MCCLOUD, SYDNEY R& CURTIS D
3657 VOYAGER LN
SANFORD, FL 32773
MERCHANT, AUN A& ZEHRA
3635 VOYAGER LN
SANFORD, FL 32773
NGUYEN, KATHERINE K
3947 LIGHTNING CT
SANFORD, FL 32773
PARRA, GERMAN &ECHARRY-PARKA,
ANAMARIA
3955 LIGHTNING CT
SANFORD, FL 32773
PETTY, CHARLES L III& VICTORIA
3963 LIGHTNING CT
SANFORD, FL 32773
RUIZ, WILLIAM S
3980 LIGHTNING CT
SANFORD, FL 32773
LAGGN ER, RYAN J& VARGAS, MARIA V
3816 CORONA CT
SANFORD, FL 32773
MARTINEZ, CHRISTIAN A& PORTER,
ALEXANDRA N
3836 CORONA CT
SANFORD, FL 32773
MCKINNEY, JASON S& DORCA 1
3804 CORONA CT
SANFORD, FL 32773
MURPHY, ROBERT M& SUSAN 1
261 STATES RD
DALTON, PA 18414
ORDONEZ, SEBASTIAN S& LAUREL R
3649 VOYAGER LN
SANFORD, FL 32773
PATTERSON, HUNTER& HANNAH
3943 LIGHTNING CT
SANFORD, FL 32773
RIVERA HERNANDEZ, DOEL& VALLE
SEGARRA, CINTHIA M
3648 VOYAGER LN
SANFORD, FL 32773
SALAS, JOSEPH& YESELLE
3820 CORONA CT
SANFORD, FL 32773
LARA MILANES, JULIO A& MILANES,
EDITH P H
3848 CORONA CT
SANFORD, FL 32773
MC NEIL, DORIANNE
3644 VOYAGER LN
SANFORD, FL 32773
MEISTER, BRANDON L& AMY S
3843 CORONA CT
SANFORD, FL 32773
NAIDU, FELICIA M
3601 VOYAGER LN
SANFORD, FL 32773
PARKVIEW PLACE
COMM U N ITYHOMEOWN ERS ASSN INC
2966 COMMERCE PARK DR
ORLANDO, FL 32819
PERSAUD, DEONARINE ENHLIFE EST &
PERSAUD,
3590 SKYWAY DR
SANFORD, FL 32773
RODRIGUEZ, EVELYN C& FIGUEROA
MOLINA, JANIRA L
3653 VOYAGER LN
SANFORD, FL 32773
SANFORD CITY OF
300 N PARK AVE
SANFORD, FL 32771
SEMINOLE B C C SISK, JAMES N& SHANIQUE N ST LOUIS, KEVIN M& SEAY-ST LOUIS,
1101 E 1ST ST 3831 CORONA CT JENNIFER L
SANFORD, FL 32771 SANFORD, FL 32773 3600 VOYAGER LN
SANFORD, FL 32773
STEWART, NICHOLAS A STOKES, KATHERINE F SZENTE,JUDIT
3847 CORONA CT 3608 VOYAGER LN 3844 CORONA CT
SANFORD, FL 32773 SANFORD, FL 32773 SANFORD, FL 32773
TAKVORIAN PROPERTIES LLC
26 BRIDGE ST
HACKENSACK, NJ 0
TOLL SOUTHEAST LP COMPANY INC
250 GIBRALTAR RD
HORSHAM, PA 19044
UPPERCO, JASON L& DEBBIE A
3968 LIGHTNING CT
SANFORD, FL 32773
WILSKE, KENT N & CHERREZCHANG
AJOY, MARJORIE V
3972 LIGHTNING CT
SANFORD, FL 32773
TAYLOR, JUSTIN K& WRIGHT, KELSIE B
3840 CORONA CT
SANFORD, FL 32773
TRULOCK, TRENT
3824 CORONA CT
SANFORD, FL 32773
TAYLOR, MICHAEL[& MATTE[ -TAYLOR,
CHERYLANN L
3971 LIGHTNING CT
SANFORD, FL 32773
UNITED STATES OF AMERICA
C/O UNITED STATES ARMY CORP PO
BOX 2288
MOBILE, AL 36652
WEEDEN, GLENN R& MASLIK, CAROLYN WILLIAMS, STEVEN T& LYDIA R
3808 CORONA CT 3616 VOYAGER LN
SANFORD, FL 32773 SANFORD, FL 32773
YAHAV, YORAM J ZIMMERMAN, WILLIAM L& FLORENCE
P 0 BOX 58077BLDG 4 M
TEL AVIV, ISRAEL 6158002 3835 CORONA CT
SANFORD, FL 32773
WS RM X
rig
CITY OF Item No. ..
S RD R D
FLORIDA
CITY COMMISSION MEMORANDUM 21.263
DECEMBER 13, 2021 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, Planning Director
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Amend the land use of approximately 14.94 acres from HIP -AP, High
Intensity Planned Development — Airport (Seminole County) to AIC,
Airport Industry and Commerce (City equivalent) at 3600 Skyway Drive.
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:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A request to amend the land use of approximately 14.94 acres from HIP -AP, High Intensity
Planned Development — Airport (Seminole County) to AIC, Airport Industry and Commerce (City
equivalent) at project address of 3600 Skyway Drive.
The property owners are DP & DP Inc. and Takvorian Properties, LLC. The applicant is Geoff
Summit, P.E. of GL Summit Engineering, Inc. Geoff Summit, P.E., P.E. GL Summit Engineering,
Inc was responsible for completing the CAPP requirement.
The Affidavit provided by the applicant is attached and other information is available in order to
ensure that all potential conflicts of interests are capable of being discerned.
FISCAL /STAFFING STATEMENT:
Based on the 2020 property tax roll of Seminole County, the parcels have a total assessed value of
$650,601. The total tax bill for the four parcels in 2020 was $8,974.78.
If the land use is approved and subsequently developed, the property will be assessed the City's
millage rate for the residential and commercial uses and generate ad valorem and utility revenues
for the City accordingly.
Page I of 6
No additional staffing is anticipated if the Planned Development is approved.
BACKGROUND:
The approximate 14.94 acre site consisting of four parcels, is located on the south side of East
Lake Mary Boulevard at the comer of East Lake Mary Boulevard and Skyway Drive. The City
Commission adopted Ordinance No. 4596 on April 11, 2021, annexing the four commonly owned
parcels. The applicant has requested to amend the land use of the 14.94 acres to the City's Future
Land Use designation of (AIC) Airport, Industry, and Commerce.
The applicant mailed out Modified CAPP letters (COVID- 19) to residences in a 500 foot radius.
The applicant received one response letter from an individual. A summary of the CAPP has been
provided and is attached.
Per Exhibit B of the 2015 Seminole County/City of Sanford Joint Planning Agreement the LDR,
High Intensity Planned Development (Seminole County Land Use Designation) is equivalent to
the Airport, Industry, and Commerce (City of Sanford Land Use Designation). Exhibit B describes
equivalent future land use designations in the City and the County Comprehensive Plan. The
designations have been deemed equivalent due to their similar intensities and densities of
allowable development.
The subject properties are located within sub -area 4 of the 2015 Seminole County/City of Sanford
Joint Planning Agreement. An east -west alignment established by Eaglewoods Trail shall serve as
a dividing line for residential density within Planning Area 4. Properties north of this line shall
develop at a maximum of 3.5 units per net buildable acre. Properties lying south of this line and
north of Pineway shall develop at a maximum of 2.5 units per net buildable acre. These densities
shall not apply to properties currently assigned the County HIP -AP Future Land Use designation.
The subject property is north of Eaglewoods Trail, in addition the subject parcel has a Future Land
Use designation of AIC, Airport Industry and Commerce which is equivalent to the County HIP -
AP land use designation.
Staff has reviewed the requested PD Rezone as it relates to the goals, objectives and policies of
the Comprehensive Plan. The allocation of land for mixed-use development including commercial
and residential shall be compatible with goals and objectives identified in the Comprehensive Plan
and consistent with supportive research and analysis. Objectives and Policies of the
Comprehensive Plan that are relevant to this application are listed below:
Future Land Use Element
Objective FLU 1.7. Implement the Future Land Use Map Series. The maximum density and
Floor Area Ratio for the AIC, Airport Industry and Commerce future land use is as follows:
Land Use Designations
Map Symbol
Density/Intensity (Max)
10150 du/acre (MF)
I du/acre (SF)
Airport Industry and Commerce
AIC
0% / 10% threshold
1.0 FAR for Commercial
25% 175% threshold
Page 2 of 6
Future Land Use
OBJECTIVE FLU 1.9: Utilize Airport Industry and Commerce Land Use Designation (AIC).
The "Airport Industry and Commerce" (AIC) land use designation is a high-intensity mixed use
policy II COMMUNITY GROWTH II - 21 for managing lands comprised of the Orlando Sanford
International Airport and adjacent lands capable of supporting a variety of residential rental
properties and commercial and industrial uses.
Policy FLU 1. 9.1 Establish performance criteria for development within the AIC. The following
criteria shall be adhered to for all development within the AIC District.
a. The Airport Industry and Commerce designation is intended to encourage the expansion of
industrial land and provide additional areas for mixed-use development that would be compatible
with airport operations.
b. The majority of such land is located in airport property and is subject to the Airport Master Plan.
Certain properties, primarily east of Beardall Avenue, are located in the 2009 noise zone.
c. The Orlando -Sanford Airport shall develop according to the current Airport Layout Plan (ALP),
adopted by reference herein.
d. Upon annexation of lands that are currently within the jurisdiction of Seminole County and are
included in the ALP, the lands will be automatically given the land use designation of Airport
Industry Commerce and a zoning designation consistent with the existing zoning of the Airport.
e. 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 multifamily residential developments, where located in
accordance with those requirements contained within this policy.
f. The maximum intensity of industrial and commercial development measured as floor area is 1.0.
The maximum intensity for residential uses is 50 units per acre, with a minimum density of 10
units per acre, where compatible with adjacent uses. Distribution of specific densities and
intensities for this district shall be in accordance with Table FLU -2 of this Element.
g. The Development Review Team, the Airport Zoning Board and the Airport Design Review
Team shall review development included in the ALP for compliance with the Sanford LDRs.
Development contemplated by the ALP shall comply with all LDRs included, but not limited to,
setbacks, landscaping, parking, drainage and floor area ratios except where such regulations
conflict with Federal Aviation Authority (FAA) rules and regulations.
h. Development within the AIC designated area must 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.
i. The location of future high density residential developments shall comply with guidelines issued
by the Federal Aviation Administration and the Department of Transportation relating II
COMMUNITY GROWTH II - 22 to airport compatible uses, noise zones, approach zones and
other safety measures.
j. Future high and medium density residential developments shall occur outside the 60 DNL
(day/night sound level) noise contours.
k. Residential developments shall be prohibited within 300 feet of the centerline of airport
runways.
Page 3 of 6
1. PD proposals in the AIC area will be the subject of negotiated development agreements. No
development order shall be granted prior to City approval of the development agreement. in.
Developments within the AIC that exist prior to the adoption of this Plan will be "grandfathered"
However, all new development in the Airport Industry and Commerce Area outside the Airport
boundaries shall incorporate those performance criteria established under Policy FLU 1.1.7, as
well as those criteria listed below:
• Narrative and graphic information required for review of rezoning petitions, for site plan
review, and other related procedural requirements;
• Impact analysis, including plans for managing any potential impacts on air operations;
• Noise impact analysis, including required sound insulation in areas within the airport
impact noise zones;
• Requirements for controlled access and internal circulation, including provisions for cross
access easements, and joint use of driveways;
• Requirements for perimeter buffer yards;
• Management framework for encouraging development of strategically planned subcenters
of commerce and industry;
• Dedication of necessary rights-of-way; and
• Use of pedestrian and mass transit facilities to reduce vehicle trips.
The City will coordinate with the School Board regarding residential development within this
district as required in the Public School Facilities Element to ensure the availability of adequate
school facilities.
LEGAL REVIEW:
The City Attorney has not reviewed the staff report and the specific analysis provided by City
staff, but has noted the following: Section 166.033, Florida Statutes, as amended in the recent
Legislative Session, in Chapter 2021-224, Laws of Florida (deriving from Committee Substitute
for Committee Substitute for House Bill Number 1059) provides as follows (please note
emphasized text):
"(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) (a) 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.
(b) If a municipality makes a request for additional information and the applicant submits the
required additional information within 30 days after receiving the request, the municipality
must review the application for completeness and issue a letter indicating that all required
information has been submitted or specify with particularity any areas that are deficient
within 30 days after receiving the additional information.
Page 4 of 6
(c) If a municipality makes a second request for additional information and the applicant
submits the required additional information within 30 days after receiving the request, the
municipality must review the application for completeness and issue a letter indicating that
all required information has been submitted or specify with particularity any areas that are
deficient within 10 days after receiving the additional information.
(d) Before a third request for additional information, the applicant must be offered a meeting to
attempt to resolve outstanding issues. If a municipality makes a third request for additional
information and the applicant submits the required additional information within 30 days
after receiving the request, the municipality must deem the application complete within 10
days after receiving the additional information or proceed to process the application for
approval or denial unless the applicant waived the municipality's limitation in writing as
described in paragraph (a).
(e) Except as provided in subsection (5), if the applicant believes the request for additional
information is not authorized by ordinance, rule, statute, or other legal authority, the
municipality, at the applicant's request, shall proceed to process the application for approval
or denial.
(3) 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 pen -nits 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
Page 5 of 6
Plan were to be the basis for a denial, then such goal, objective or policy must be part of the motion
proposing the denial. A denial development order would be drafted to implement the actions of
the City Commission in the event of such 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 [ofj an application":
"(15) `Development order' means any order granting, denying, or granting with conditions an
application for a development permit." (Section 163.3164(15), Florida Statutes).
The City Commission approved the first reading of Ordinance No. 4640 on November 8, 2021.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on December 1,
2021.
RECOMMENDATION:
It is staff's recommendation the City Commission adopt Ordinance No. 4640.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4640."
Attachments: Project Information Sheet
Site Aerial Map
Comprehensive Plan Map
Affidavit of Ownership
Comprehensive Plan Amendment Justification
Capp Summary
Ordinance No. 4640
T:\Development Review\03-Land Development\202W600 Skyway Drive\CC\CPA\CC Memo - 3600 Skyway Drive Amend Land Use.doex
Page 6 of 6