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4629 Rezone 19.06 Acres - 3851 East Lake Mary BoulevardOrdinance No. 2021-4629 An ordinance of the City of Sanford, Florida providing for the rezoning of real property totaling 17.61 acres in size (Tax identification Parcel Numbers: 03 -20 -31 -601 -0E00 -004A, 03-20-31-501-OE00-0040 and 03-20-31-501-OEOO-0060 (generally addressed as East Lake Mary Boulevard) within the City Limits (map of the property attached) from the County Agriculture ("AG") zoning district/classification to the City's Restricted Industrial (11RI-1 ") zoning district/classification; providing for the taking of implementing administrative actions; providing for the adoption of a map by reference; repealing all conflicting ordinances; providing for severability; providing for non -codification and providing for an effective date. Whereas, the real property which is the subject of this Ordinance is approximately 17.61 acres in size; and Whereas, the real property which is the subject of this Ordinance is located on the east side of Lake Mary Boulevard just north of Moores Station Road and is composed of the 3 parcels identified herein that are part of the Browns Subdivision of Beck Hammock; and Whereas, the property owner of the property which is the subject of this Ordinance are Seminole Acquisitions Group, LLC, a Florida limited liability company, of Lake Mary, as to the first referenced tax parcel, and Marc J. Piloian, Carlene M. Piloian and Laura L. Layer of Philadelphia, Pennsylvania, as tenants in common with each owning a 1/3 interest; and Whereas, the managers of Seminole Acquisitions Group, LLC are Sadique Jaffer, Ashu Luthra and Mohamedtaki Jaffer; and Whereas the applicant/representative of the property owner is Zackary Hahn, Project Manager, ARCO National Construction of St. Louis, Missouri, a foreign limited liability company created under the laws of the State of Delaware; and Whereas, the property owners have submitted annexation petitions to the City and no land use legislative or quasi-judicial action can occur as to the subject property until the property is annexed and subject to the land use regulatory powers of the City; Whereas, Mr. Hahn implemented the Citizen Awareness and Participation Plan (CAPP) process while adhering to the requirements of the City and conducting a CAPP meeting on July 9, 2021 to the satisfaction of the City relative to which the required CAPP report was submitted to the City; and Whereas, the real property which is the subject of this Ordinance was assigned the County's AG, Agriculture, zoning district/classification prior to annexation of the subject real property; and Whereas, the property owners have applied to the City of Sanford, pursuant to the controlling provisions of State law and the Code of Ordinances of the City of Sanford, to have the subject property rezoned to the Restricted Industrial ("RI -1") zoning district/classification from the existing Agriculture ("AG") zoning district/classification and the; and Whereas, the City of Sanford's Planning and Zoning Commission, as the City's local planning agency, held a public hearing on September 2, 2021 to consider the rezoning of real property from the County Agriculture ("AG") zoning district/classification to the City's Restricted Industrial ("RI -1") zoning district/classification; and Whereas, the City's Planning and Development Services Department has conducted a thorough review and analysis of the demands upon public facilities and general planning and land development issues should the subject rezoning application be approved and has otherwise reviewed and evaluated the application to determine whether is comports with sound and generally accepted land use planning practices and principles as well as whether the application is consistent with the goals, objectives and policies set forth in the City's Comprehensive Plan; and Whereas, professional City planning staff, the City's Planning and Zoning Commission and the City Commission have determined that the proposed the rezoning of the subject property as set forth in this Ordinance is consistent with the Comprehensive Plan of the City of Sanford, the land development regulations of the City of Sanford, and the controlling provisions of State law; and Whereas, the City Commission of the City of Sanford, Florida has taken, as implemented by City staff, all actions relating to the rezoning action set forth herein in accordance with the requirements and procedures mandated by State law and all prior land use actions of the City are hereby ratified and affirmed. 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 City has not waived any rights or remedies by taken the action set forth herein or by approving any successive development orders and reserves any and all rights and remedies available to the City under controlling law including, but not limited to, the protections under the laws pertaining to sovereign immunity. (c). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. Section 2. Rezoning of Real Property/Implementing Actions. (a). Upon enactment of this Ordinance the following described property, as depicted in the map attached to this Ordinance, and totaling is 17.61 acres in size, shall be rezoned from the County Agriculture, AG, zoning district/classification to the Restricted Industrial , RI -1, zoning district/classification: Tax Identification Parcel Number(s) Owner(s) 03-20-31-501 -OEOO-004A Seminole Acquisitions Group, LLC 03-20-31-501-OEOO-0040 and 03-20-31-501-OEOO-0060 Marc J. Piloian, Carlene M. Piloian and Laura L. Layer The subject real property is more specifically described as follows: Lots 4 and 5 and the west 1/2 of Lot 6, Block E, of the plat of BROWNS SUBDIVISION OF BECK HAMMOCK, as recorded at Plat Book 1, Page 83 of the Public Records of Seminole County, Florida, (less roads). (b). The City Manager, or designee, is hereby authorized to execute any and all documents necessary to formalize approval of the rezoning action taken herein 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. (c). Conditions of development relating to the subject property may be 4 incorporated into the subsequent pertinent development orders and development permits and such development orders and development permits may be subject to public hearing requirements in accordance with the provisions of controlling law. Section 3. Incorporation of Map. The map attached to this Ordinance is hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance. 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. This Ordinance shall not be codified in the City Code of the City of Sanford or the Land Development Code of the City of Sanford; 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. Section 7. Effective Date (a). This Ordinance shall take effect immediately upon enactment subject to the provisions of Subsection (b).. (b). This Ordinance shall not take effect until the annexation ordinance annexing the property that is the subject of this Ordinance is final. WS PIM Item No -07.4-3 FLORIDA CITY COMMISSION MEMORANDUM 21.262 DECEMBER 13, 2©21 AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: Eileen Hinson, AICP, Planning Director SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Request to Rezone 19.06 acres from AG, Agriculture to RIA, Restricted Industrial at 3851 E Lake Mary Boulevard. SYNOPSIS: A request to Rezone 19.06 acres from AG, Agriculture to RI -1, Restricted Industrial at 3851 E Lake Mary Boulevard, has been received. The property has multiple owners. One of the two properties is owned by Seminole Acquisitions Group, LLC and the others are owned by Marc J. Piloian, Carlene M. Piloian and Laura L. Layer. The applicant is Zackary Hahn, Project Manager for ARCO National Construction. A CAPP (Citizens Awareness and Participation Plan) meeting was held on July 9, 2021 and a copy of the report is attached. The Affidavit of Ownership and Designation of Agent forms are 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, the subject property has a single family residential house of approximately 2,500 square feet built in 1954 and an accessory structure of 1,200 square feet built in 1959. Based on the 2020 property tax roll, the subject property has a total assessed value of $131,589. The tax bill for 2020 is $1,483.02. The property owner is proposing to develop new non-residential construction, which would generate additional tax revenue to the City. No additional staffing is anticipated if the rezone is approved. BACKGROUND: The site is located on the cast side of Lake Mary Boulevard just north of Moores Station Road. It is composed of three parcels from the Browns Subdivision of Beck Hammock. At the Planning and Zoning Commission meeting, the property was presented as 17.61 acres, but has been updated to 19.06 in order to have the annexation, rezone and Comprehensive Plan amendment be consistent. Final accurate acreage will be generated when a formal survey is presented during Development Plan review. The property owners have submitted annexation petitions submitted to annex the properties into the City. When incorporated, the subject property will retain its Seminole County future land use designation of IND, Industrial. The equivalent City future land use designation is I, Industrial. The applicant has submitted a request to amend the future land use map designation for the 19.06 acres from IND, Industrial (County) to I, Industrial (City) for the purpose of a future industrial development. The intent of the Industrial Land Use designation is to place industrial sites in locations accessible to rail facilities, and/or major thoroughfares. The sites shall be buffered from residential neighborhoods. hndustrial uses include: manufacturing, assembling and distribution activities; warehousing and storage activities; and other similar land uses which shall be regulated through appropriate zoning procedures. Heavy commercial and office uses, including medical clinics and offices, may locate in proximity to residential areas if properly designed for compatibility. Heavy metal fabrication, batch plants, salvage yards, chemical or petroleum manufacturing or refining, rubber or plastics manufacturing, or other use generating potentially harmful environmental or nuisance impacts shall be carefully located in industrial areas in conformity with performance criteria cited, as these uses typically generate heavy truck traffic, require significant acreage, are difficult to screen and buffer from residential area. Upon annexation and land use amendment, the applicant is seeking to rezone the property to Rl- 1, Restricted Industrial zoning which is compatible with development currently surrounding the property as well as the future development patterns intended for this area. The draft Lake Mary Boulevard Corridor study currently underway further supports the proposed request. The applicant has submitted said petition for the purpose of developing an industrial warehouse facility. Per Exhibit D, the subject property is within sub -area 4 of the JPA and per Exhibit C, the proposed Industrial, Corporate Business Parks and other office and commercial uses are compatible uses with the Airport. These uses are also compatible with the proposed RI -1, Restricted Industrial zoning. No additional standards or conditions can be placed upon this type of rezone and the rezone is presented to determine whether or not the request is consistent with the underlying land use and the goals and objectives of the Comprehensive Plan. Any development that occurs in the future on said property will be subject to all conditions, standards and regulations set forth in the LDR and other City codes for development within the RI -1 zoning district, if this rezone is approved. If any Conditional Uses, Variances or other deviations from the code are expected, additional public hearings may be required and therefore subject to the necessary CAPP meeting component at that time. LEGAL. REviFw: 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. (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 permits may apply." The above -referenced definition of the term "development permit" is as follows: "(16) 'Development permit' includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land." (Section 163.3164(16), Florida Statutes). Thus, if this application is denied, a denial development order must be issued which must cite to the applicable portions of each ordinance, rule, statute, or other legal authority supporting the denial of the application. For example, if a goal, objective or policy of the Sanford Comprehensive Plan were to be the basis for a denial, then such goal, objective or policy must be part of the motion proposing the denial. A denial development order would be drafted to implement the actions of the 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 Attorney has drafted the ordinance for this request. The City Commission approved the first reading of Ordinance No. 4629 on September 27, 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. 4629. SUGGESTED MOTION: "I move to adopt Ordinance No. 4629." Attachments: Project Information Sheet Site Vicinity Map Site Aerial Map Affidavit of Ownership CAPP Meeting Report Justification Statement Ordinance No. 4629 T:\Development Review\03-Land Development\2021\3851 E Lake Mary Blvd\Rezone\CC\CC Memo - 3851 E Lake Mary Blvd - Rezone.docx Passed and adopted this 13th day of December, 2021. Attest: City Commission of the Sanford, Florida A / Traci Houchin, MMC, ECRM City Clerk Approved as to form and legal su ! 71i►AJ FlA 1 t'll!!� I ob Clrt arti V it Attornev City of • PROJECT INFORMATION — 3851 E LAKE MARY BOULEVARD REZONE Requested Action: Rezone approximately 17.61 acres at project address 3851 E. Lake Mary Boulevard from AG, Agriculture to RI, Restricted Industrial Proposed Use: Industrial Project Address: 3851 E. Lake Mary Boulevard Current County Zoning: A-1, Agriculture Equivalent City Zoning: AG, Agriculture Proposed Zoning: RI -1, Restricted Industrial Existing Land Use: Vacant and Agriculture Tax Parcel Number: 03-20-31-501-OE00-004A, 03-20-31-501-OE00-0040, 03-20-31-501-OE00-0060 Site Area: 17.61 acres Property Owners: Seminole Acquisitions Group, LLC Marc J. Piloian, Carlene M. Pilon 103 Commerce Street, STE 160 & Laura L. Layer Lake Mary, FL 32746-6291 735 S 12TH ST, # 304 Philadelphia, PA 19147-4809 Applicant/Agent: Zackary Hahn — Project Manage Phone: 816.349.1519 ARCO National Construction Email:zhalln@arcol.com 5015 NW Canal Street, Suite 1.10 Riverside, MO 64150 CAPP Meeting: A CAPP meeting was held on July 9, 2021. A copy of the report is attached. Zoning North A-1, Agriculture South PD Planned Development AG, Agriculture East A- 1, Agriculture West A-1, Agriculture M-1, Industrial Future Land Use Current Use IND, Industrial Vacant, Single Family HIPAP High Intensity PD Airport Single Family, Agriculture HIPAP High Intensity PD Airport Vacant, Agriculture HIPAP High Intensity PD Airport Vacant Government {BCC} IND, Industrial Outdoor Storage Facility COMPREHENSIVE PLAN COMPLIANCE REVIEW Planning staff has reviewed the request and has determined the use and proposed improvements to be consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Current Future Land Use Proposed Future Land Use IND, Industrial I, Industrial TADevelopment Review\03-Land Development\2021\3851 E Lake Mary Blvd\Rezone\PZC\Project Info - 3851 E Lake Mary Blvd - Rezone.doe Zoning AG RI -1 ------------ D J m I Q Ox SITE A J , F W -I MOOKLSSIAIION KD Site 3851 E. Lake Mary Boulevard Parcel No: 13-20-31-501-OEOO-0040 13-20-31-501-OEOO-004A 13-20-31-501-OEOO-0060 SXRFORD AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGAEN FLORIDA Pleasr. use additional sheets as needed, If any additional sheets are attached to this document, please sign here and note below: 1. Ownership A ;, .-p ( b-1 ) Kl-" IAP-- R T 1 6 TA (M L (he k'N ereby attest to ownership of the property described below: %x Parcel Number(s): 03-20-31-501 -OEOO-0060 & 03-20-31-501-0E00-0040 Address of Property: NIA fc;f which this Rozone, Comprehansiva Plan Amendment, & Development Plan application is submitted to the City of Sanford. It. Nsignation of Applicant's Agent (leave blank if not applicable) As'iho owner/applicant of the above designated property for which this affidavit Is submitted, I designate the below named individual - .s my ,.,y agent in ail matters pertaining to the application process. In authorizing the agent named below to represent rns, or ,I;y - o . �npany, i attest that the application is made in good faith and that all information contained in the application is acrurc.e c!ral; ; -,)rniplete to the best of my personal knowledge. Ap,r,I:,;ants Agent (Print): Zackary Hahn Signature: Agent Address: 5015 NW Canal St., Suite 110, Riverside, MO 64150 Eriiail: zliahn@arcol,com Phone: 816-349-1519 Fax: Noj�-w to Owner %- All changes in Ownership anditor Applicant's Agen! prior to final action of the City shall require anew affidavit. If ownership the 118W OWnOr aGSUMaS all obligations related to the filing application process. ,3 if the Owner In to rids 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.) k"aYF hr,, rawnw, of the real property associated with this application or procurement activity is a (check one) -i Corporation n Land Trust a Partnership o L71 nited Liability Company %Olffier (describe): -7 NOT V I U Al f I . 4 I. List all liatural versons who have an ownership interest in the property, which is the subiect matter of this petition, by n M0 '31d address. ,,,I AKr- I' 4 LkOY , A , AiV (LI 0 L, �,-- r (!� Lip 6 40 � CA-a t-9 V -d f--- PT 1, (U IN \1 1,4 Pik e) ti 1 D,2 to 2. For each corporation, list the name, address, and title of each officer; the name and address of each director of khe corporation: and the name and address of each sharphoider 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 kqg list the name and address of each trustee and the name and address of the beneficiaries of the trust and illo, percentage of interest of each beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the inforniatic.r. required in paragraph 2 above, Name of Trust: F� 2k!j��, including limited partnerships, list the name, arid address of each principal In the partnership, *including gone, --,ii c or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above. For each limited Itabilitylist the name, address, and We of each manager or managing member, and the name and address of each additional member with twa percent (2%) or more marnberahIp 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 andfor 4 above. Name of LLC: 6. to the circumstances of a contract for purchase, hot the name and address of each contract purchaser. If the purchaser Is a corporation, trust, partnership, or ILC, provide the Information required for those entities In paragraphs 2, 3, 4 andfor 6 above. Name of Purchaser. Date of Contract: NAME TfTLFJOFFICEIrRUSTEE ADDRESS %Cat= OR BENEFICIARY INTEREST (Use additional shoots for mare space.) T. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shall be disclosed In writing to the City prior to any action being taken by the City as to the matter relative to which We document pertains. B. I affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable Inquiry. I understand that any fallure 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 _ , a�yaat, ap�fi+Ram slgrsata,re STATE OFJ;t OMBr4 T E S COUNTY OF —r" n, - Sworn to (or affirmed) and subscribed before me by l' AM i9i bi qn , on ties 30 day of : J, c 20 Z.! Signature of Notary Public Personally Known ✓ OR Produced Identification _ Type of identification Produced A"*ofOwoo WP - JM" 2MS Print, Type or Stamp Name of Notary Public 3-462u' M QI Al; =N i t-e831:103'WWO, SMINva tl3J1NN3r 5. For each I list the name, address, and We 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 to paragraphs 2, 3 and/or d above. Name of LLC: 6. In the circumstances of a aordract for purchase. Est the name and address of each contract purchaser. g the purchaser is corporation, trust, partnership, or LLC, provide the informa6at required for those entities In paragraphs 2. 3, 4 agar 5 above. Name of Purchaser: Date of Contract NAME TIiLE/OFFICMUSTEE ADDRESS % OF OR BENEFICIARY INTEREST (Use additional shoots 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 witch Ude document pertains. I 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 amwWmerd, 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 Nue discbsures herein. C -, b-- I Datta Owner, Agent, SlgnaWm STATE OF )c COUNTY OF " /Aean+- Svram to (or affirmed) and Subscribed before me by f I )0i C'A on 116 30 day of 3j 00 Signature of Notary Pubic Print, Type or Stamp Name of Notary Public Personally Known W/ OR Produced Identification _ Type of identffIcation Produced v JENNIFER DANIELS COMM. EXPIRES 8-142022 NOTARY ID 1 31 7228 1-2 Md" a0MW"-J0Mytot6 ^lip OF SANFORD AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT rLOH DA Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below: 1. Ownership 1, sm) fe,-nk E,. Tm�- . 1'4,H r, A(,v v Yi'l hereby attest to ownership of the property described below: Tax Parcel Number(s): 03-20-31-501-OE00-004A Address of Property: NIA for which this Rezone, Comprehensive Plan Amendment. & Development Plan application is submitted to the City of Sanford. If. Designation of Applicant's Agent (leave blank if not applicable) As the owneriapplicant 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): Zackary Hahn Signature: Agent Address: 5015 NW Canal St., Suite 110, Riverside, MO 64150 Email: zhahn@arcol.com Phone: 816-349-1519 Fax: 111. 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) n Individual --i Corporation n Land Trust ri Partnership to 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 I[Ug list the name and address of each trustee and the name and address of the beneficiaries of the trust and the percentage of interest of each beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the information required in paragraph 2 above. Name of Trust: 4. For partnerships including limited partnerships, list the name and address of each principal In the partnership, including general or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above. 5. For each limited liability compan , list the name, address, and title of each manager or managing member; and the name and address of 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: Seminole Acquisitions Group 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. I 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 STATE OF FLORIDA COUNTY OF -SC M i nQ� Swom to (or affirmed) and subscribed before me by day of k k_�Y-V' on this 1 11 - ___' 202L_. )V1 Signature 6Motary Public Personally Known `__OR Produced Identification Type of Identification Produced A10doR of OHWwshb - Jomvvy 2015 STACY ANN MARIE CHYLE Notary Public - State of Florida Commission # HH 027088 Prin Ty S$Wntmf MW Rmi op W 0 4P W STACY ANN MARIE CHYLE `"'; N'OtM Public - State of Florida Commission # HH 027088'] )Z My Comm. Expires Aug 3, 2024 URBAN , ['ESIGN PLAW11ING, E-NIGINEERN,33 3KConsortium, Inc. D '05.1 N. OR"NOO WF� N SUITE .5 * tANTIAM - -LOWDA :S275' EPHONE 407 42138a ACSWILE 407-62q 1656 * EH# /flt!O Justification Statement FUTURE LAND USE MAP AMENDMENT AND ZONING ASSIGNMENT Background: KEMCO Industries is a 30 -year-old family owned and operated business in Sanford, Florida. The company was established in 1988 and currently located at 70 Keyes Court, Sanford, Florida. Primary business includes indoor metal fabrication and electrical panel manufacturing. The company has outgrown its current facility and is looking to develop its own facility on a new 20 - acre site on East Lake Mary Boulevard, directly east of the Orlando Sanford International Airport. This new site comprises of 3 parcels of land (PID# 03-20-31-501-000-0040, 004A, and 0060) The site is currently in unincorporated area of Seminole County and contiguous to City of Sanford. The current land use is vacant land with A-1 zoning district and designated as Industrial on the County's Future Land Use Map. The site is surrounded by: North: Seminole County, FLUM-Industrial, Zoning -A-1, current use vacant and residential. South: Seminole County, FLUM-HIPAP (FAR 1.0), Zoning -PD, current use manufacturing (glass Installing company). Sanford, FLUM-Airport Industry & Commerce (AIC), Zoning -Agriculture, current use residential. West: Seminole County: FLUM-Industrial, Zoning -M-1 and A-1, current use -masonry plant/contractor, RV parking lot and Lake Mary Blvd. right of way. East: Seminole County: FLUM-High Intensity PD, Airport, Zoning -A-1, current land use - storage facility, vacant land. The applicant has filed a petition to annex these 3 parcels of land into Sanford. In order to develop his new facility, the Comprehensive Plan Future Land Use map has to be amended to add "Airport Industry & Commerce to the map. A new zoning district must be assigned to the land. The applicant is seeking a Restricted Industrial (RI) zoning district. JUSTIFICATION CRITERIA: The proposed amendment must be consistent with the criteria in Policy FLU 1-1.1.1 (Maintain Consistency of Future Land Use Map and Related Policies) of the Future Land Use Element as listed below: • The amendment shall be consistent with the State Comprehensive Plan (Chapter 187, F.S.) and the Growth Policy Act (Chapter 163 F.S.) 187.201 (15) (a) "Goal. -In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have in place or have agreements to provide, the land and water resources, fiscal abilities, and service capability to accommodate growth in environmentally acceptable manner." 1. The subject site is located on E. Lake Mary Boulevard, a major arterial with available capacity and level of services. 2. The subject site is located within service areas of existing Seminole County fire station Nos. 34 and 41. Both stations are located on State Road 46 (less than 2 miles from the property) 3. Water, sanitary sewer and reclaim water services are available within right of way of E. Lake Mary Blvd. in front of the site. 4. There is no need to expand any municipal services or utility infrastructure to accommodate the development on this site. In addition, development on the subject site does not require impact on environmentally sensitive land. 163.3252 Local manufacturing development program; master development approval for manufacturers. State of Florida encourages local government to "adopt an ordinance establishing a local manufacturing development program, through which the local government may grant master development approval for the development or expansion of sites that are or are proposed to be operated by manufacturers at specified locations within the local government's geographic boundaries." 1. KEMCO is an existing local manufacturer in the Sanford area. It has employed local workforce and contributed to local economy since 1988. 2. This manufacturing business has grown over 100 employees. It needs to expand and remain in the Sanford area. 3. It has identified a specific site location in Seminole County where it wishes to be annexed into Sanford. The amendment shall be consistent with all elements of the City of Sanford Comprehensive Plan Seminole County future land use map designates Industrial use for the subject property with maximum FAR of 0.65. Seminole County zoning for the property is A-1. The applicant is seeking a similar industrial use once annexed into the city. Currently, the areas on both sides of E. Lake Mary Boulevard in Sanford are designated as Airport Industry & Commerce (AIC) with Restricted Industrial Zoning (RI). Adding similar land use and zoning district to the City's Future Land Use and Zoning maps is consistent with the current growth trend of the area and the City and County long range plan and policies of the area. 2. This proposed amendment is consistent with Objective 1-1.4: Allocate Industrial Development, Policy 1-1.4.1 Industrial Use Designation. "The allocation of land use designations should provide a high priority to industry's frequent need for strategically located lands which are accessible to air, rail and highway transport facilities, as well as labor markets and necessary urban services." The subject property is located in existing industrial area east of OSIA. 3. The proposed amendment is consistent with Policy 1-1.6.3, 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 for managing lands comprised of the Orlando Sanford Airport and adjacent lands capable of supporting a variety of residential rental properties and commercial and industrial uses. The subject property is also located in the 60 DNL (day/night sound level) noise contours. This area in not suitable for residential development 4. Lake Mary Blvd Overlay District. If the amendment is approved, the proposed new KEMCO facility will be developed in accordance to Schedule U overlay Districts of the Sanford Land Development Regulation, Section 2.0. • Public facilities and services shall be available concurrent with development of the site. The subject property is located on E. Lake Mary Boulevard which is a 4 -lane divided major thoroughfare with median opening in front of the site. All municipality utility services including sanitary sewer, water and reclaim water are available within the right of way abutting the property. The City and County are currently providing other services such as police and fire & emergency services for other businesses in the vicinity of the property. The subject property is within 2 miles of two fire stations (SCFD station Nos. 34 and 41). No new public facilities and services need to be extended to the property. Other facilities such as solid waste, electrical power, telephone services are also available. Natural gas is not available at the property but can be extended to the site if required. • There have been changes in population, land use or economic development trends and/or projection that warrant a change in the future land use designation. Areas on the east side of Orlando/Sanford International Airport have seen changed toward development of industrial and/or airport related commercial uses. Both Seminole County and City of Sanford recognize this trend and have assigned industrial land use on their future land use maps. Seminole County has designated areas further east of the subject property for High Intensity Planned Development, for Airport related land uses (HIP -AP). Land use and economic development trends have clearly changed form rural agricultural land to industrial use. The change in land use trend has started more than two decades ago but becomes more pronounced when Lake Mary Boulevard improvement was completed. The road brings not only transportation access but also access to utility infrastructure, the key ingredients to development. In addition, the old Sanford Airport has seen increasing demand and become more prominent in Central Florida area, accommodating regional and international air traffics. There have been sufficient changes in the character of the area or adjacent lands to warrant a different land use designation. As stated earlier, the applicant is not seeking an FLUM amendment to introduce a new land use but to continue the industrial land use designation established by both County and City. The majority of land east of the OSIA have been cleared and used predominately for agriculture. These land areas have been designated for industrial use even though some parcels are still zoned for agriculture. Recent development on this stretch of East Lake Mary Boulevard includes a self -storage facility, Boats & RVs outdoor storage, and Masonry plant. The proposed amendment to the FLUM is for similar Industrial land use. 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. The proposed amendment will not alter existing land use patterns or adversely affect the livability of the area. The proposed future land use map amendment is necessary due to the land is being annexed into the city, not because of new proposed land uses. The allowable uses are compatible with existing land use designation in this area of the city. In addition, Airport Industry & Commerce (AIC) land use designation is appropriate to the area since the land is located near existing airport and within the 60 DNL Noise Contour line, • The capacity of the land to support 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, wetland, wetland protection zones or flood -prone areas, well field protection zones, wildlife habitats, archeological, historical, or cultural resources. Due to proximity to the airport runways, the land is only suitable for low-rise non-residential development. Based on preliminary review there will not be impacts on wetland and wildlife habitats. The land has already been cleared and used for agricultural purposes. Although subsurface investigation has not been conducted, the subject property should have typical soil characteristics of the majority soils in this area including Delray fine sand (Dh), St. Johns fine sand (Sa), and Wabasso fine sand (Wa). These soils are poorly drained, and wet stormwater pond is anticipated. Based on F.I.R.M. map 12117C0090F published by FEMA the subject property is outside 100 -year flood prone area. Based on City of Sanford Wellfield Location & Protection Zones, this property is located outside primary and secondary protection zones. The proposed amendment will create a demonstrated benefit to the city and enhance the character of the community. The proposed amendment will allow 100 -man plus company to remain in the City of Sanford. The company is thriving and expanding. This growth will provide be beneficial to the City and County employment opportunity to local labor market. Allowing KEMCO Industries on the subject property will also be beneficial to future growth of the industrial development in the Orlando Sanford International Airport industrial area. The OSIA industrial area needs to attract more brand -named companies to the area to become a major employment center in Seminole County. • 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). The proposed amendment if approved, will change Future Land Use Map from Seminole County Industrial (1) to City of Sanford Airport Industry & Commerce (AIC). The maximum allowable density in the County Industrial Land use is 0.65 FAR. In City of Sanford, the maximum development intensity is 1.0 FAR for AIC land uses. The applicant's current development plan indicates development intensity of approximately 0.23 FAR, well below the maximum allowed by either jurisdiction. The applicant's proposed development does not need an increase in intensity. CAPP Meeting Report ARCO National Construction Day: July 9, 2021 Time: 2I0 pm Location: 8onmnbahSports Complex -345OELake Mary Blvd, Sanford, FL]2773 Contact Person: ZsckoryHahn —Q1G]491519 On June 25 of 2021, we sent an Invitation Letter to 17 property owners of 28 properties within a 500 ft radius of the project to participate in a Community Awareness and Participation Meeting to be held onJuly 9,2O21,at2:O0pno(see attached letter and mailing |ist). Onthe day ofthe meeting, one /1\ property owner attended and was directly affected being adjacent to the project site (see signinsheet). The meeting was performed in the parking lot on the day and time as planned. We discussed the site plan that was distributed via notification letter and had extra copies to hand out at the time of the meeting. We had several individuals choose to address concerns via phone call and/or email. These methods of correspondence were documented and attached to this report. In the notification letter it was outlined what the new development was, and the main impact to the immediate community being the increase in traffic along E. Lake Mary Blvd. Mitigation efforts were also expressed to ensure that the traffic impact of the new development would be limited as much as reasonably possible. In general, the main concern from owners was impact from the traffic and property value. We anticipate addressing these concerns by providing sufficient road access points and screening as required bvthe City. Overall, our [APPmeeting provided insight astoconcerns1hatthecomnnunity have with developing the site. This information will be considered throughout the design stage of the project. O6/75/2OZ1 Dear Property Owner: ARCO National Construction would like toinvite you toattend aneighborhood meetngtodiscussthe construction of a 100,050 -SF manufacturing facility along the East side of E. Lake Mary Blvd. The meeting will heheld atthe following place and time: Location: BounnbahSports Complex Parking Lot 345OELake Mary Blvd. Sanford, FL 32773 Date: July 9\20O1 Time: 2:00 PM AsVfJune 25,2O21,ARCO has applied for annexation into the City ofSanford. ARCO anticipates submitting plans to begin the permitting process with the city as soon as Q3 2021, with construction projected tobegin inQ22OZ2. The manufacturing facility will occupy roughly 100,050 -SF on initial construction with a potential expansion ofAS,7OD-SF. The site could feature asmany asthree (3)ingress egress points and approximately +/-223parking spaces. The overall design and layout ofthe building issubject tochange pending City review. The project will likely increase car travel and subsequently road traffic on E. Lake Mary Blvd. This will be mitigated by providing sufficient ingress and egress points. I would like to address any comments and concerns you may have regarding this proposal. Representatives from the City of Sanford have also been invited to attend this meeting. Please call rne at 816-282-6324 before the meeting if you have any questions regarding the proposed development. � ARCO National Construction Zackary Hahn Project Manager 03-20-31'300-012/\-0X000 03-20-31-300-013E-0000 03-20'31'300'012D'0000 TAKVOR|/\NPROPERTIES LLC ROBERTS, SAMUEL VV&DONNA J BOD|FORD.SHARON K4 2GBRIDGE ST 4454K8ODF<ESSTATION RD 4120K8OORESSTATION R[] HACP{ENSACK.NJ078U1 SANFORD`FL32773 GANFDRD.FL32773 03-20'31-300'0120-8000 03-20-31-502'OAOO-0000 03-20-31-501-OCOO-0050 BOD|FORD.SHARON K8 X�S��E� - -N�1G�B8-'s-AiNC APIARY HOLDINGS LLC 412OK8DORESSTATION RD 85O3EM|NOUEWOODS BLVD 13232BELLAR|AQR SANFORO.FL32773 GENEVA, FL32732 WINDERMERE, FL34788 03'20'31-300'0100-0000 03-20-31'300-01213'0000 03'20'31'501-OEO0-0040 SE/W|NOLEBCC 8EK8iMOLEBCC P|LOAN.JOHN &P|0{AMAlARCJ&P!LOIAN.E7,4L 1101 E 1ST ST 1101 E 1ST ST 732 S 12TH 8T#3O4 SANF0RO.FL32771 S8NFOR[).FL32771 PHILADELPHIA, PA19147 03-20-31-501-000O-0070 BARTZ.MICHAEL A 4421 CANYON PT SANFDFlO.FL32773 O3 -2O'37 1 FERTAK|8CORp POBOX 85OS37 LAKE MARY, FL32795 03'20-31-5/YY-0000-31A0 3EKA|N0LE B C C 11O1E1ST ST SANFOFl0, FL 32771 O3'2U-31 PARK D/0Z |\ LLC O5OSEK4|NOLEWOODS BLVD GENEVA. FL32732 03-20-31-501-OEOO-0060 03'20'31-300-0130-0000 735812THST#304 2O50RICHMOND AVE PHILADELPHIA. PA 19147 SANFORD, FL 32773 03-20-31'502'0080-0010 SEWi|NDLELAND MGMTLLC D5OSEK4|NDLEWOODS BLVD GENEVA, FL32732 03-20-31-501-000O-0000 03-20-31 SEhJ\NOLEACOU\S)TK]MS GROUP LLC SE[W|N{}LE LAND K4GMTLLC 103 COMMERCE STUN|T 160 05OSEKQ}NOLEWOODS BLVD LAKE MARY. FL32748 GENEVA, FIL32732 03-20-31-501-OEOO-0010 03-20-31-300-013D-0000 2700 RICHMOND AVE 4160 MOORES STATION RD SANFORD, FL 32773 SANFORD, FL 32773 03-20-31-501-OEO0'004A 03-20-31-300-013C-0000 SEKJ}NOLEACQUISITIONS GROUP LLC RDMN'�'�-CL&QJPRARDG&RyL&CUPPARD. 1Q3COMMERCE 8TSTE1SO DONNA N415QMOORESSTATION RD 03-20-31-300-0 110-0000 SE0|N{}LEBCC 1101E1ST ST SANFORD, FL 32771 03-20-31-5/YY-0080-26A2 FERlAK]SC]RP POBOX S5O637 LAKE MARY, FL327S5 U3-20'31 G'�8���NTHERUN��GPROP�?O�NER���N|h� 85OSEM|NOLEWOODS BLVD GENEVA, FL 32732 03-20-31-501-OEOQ-0020 GANOHARRY,YAORAM M 2881REABANTRL LAKE MARY. FL32740 Project: Industrial Warehouse Location: 3851 E. Lake Mary Blvd, gy, Yhk pg Date:7/9/21 Time: 2:00 PM Printed Name Phone Number 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. HahnZacka From: tog odfom^togoodfom@c�.rr.cm> Sent: Thursday, July 1,2021 1:41 PM To: Hahn'Zackary Subject: For one ofthe owners onCanyon point Hi Zachary this is Darrell Bartz I just talked to a few minutes ago in regards to year manufacturing facility on East Lake Mary boulevard nlyproperty isoff ofcanyon point. 3OO back | have Noproblems onyou doing any construction iOthe area have agreat day . Darrell Bartz 407-415-3088 I PROJECT DATA BUILDING AREA: 100,050 SF EXPANSION AREA: 95,700 SF CAR PARKING: 223 SPACES c4A