4673 Rezone 2.39 Acres - 3831 West 1st StreetOrdinance No. 2022-4673
An ordinance of the City of Sanford, Florida rezoning a parcel 2.39
acres in size to Planned Development (PD); providing for the rezoning
of real property generally addressed and located at 3831 West 1st
Street and assigned Tax Parcel Identification Number
28-19-30-506-0000-0130 by the Seminole County Property Appraiser
which parcel is located within the City Limits (map of the subject
property attached); providing for findings and intent, development
conditions and the resolution of disputes by the Planning and Zoning
Commission; providing for the taking of implementing administrative
actions; providing for the adoption of a map; providing for conflicts;
providing for severability; providing for non -codification and
providing for an effective date.
Whereas, an application has been submitted proposing to rezone property
generally addressed as 3831 West 1st Street as a Planned Development (PD) zoning
classification/district; and
Whereas, Pride Capital Fund LLC of Longwood is the owner of certain real
property which land totals approximately 2.39 acres in size with the managers being
Aladdin Shivji and Yvonne Shivji as associated with the entity; and
Whereas the applicant/representative of the Property Owner Michael
Wojtuniak, P.E., Engineering Permitting Inc., of Deland; and
Whereas, the Property Owner submitted an annexation petition to the City and
the annexation by the City Commission incorporating the subject PD property into the
City Limits of the City is now pending; and
Whereas, Mr. Wojtuniak implemented the Citizen Awareness and Participation
Plan (CAPP) process to the satisfaction of the City relative to which the required CAPP
report was submitted to the City and a modified CAPP meeting was held on August 27,
2021; and
2021; and
Whereas, the subject PD property is located at 3831 West 1st Street and is
assigned Tax Parcel Identification Number 28-19-30-506-0000-0130 by the Property
Appraiser of Seminole County; and
Whereas, the subject PD property is located on the south side of State Road 46
and the corner of Central Park Drive; and
Whereas, the proposed development is impacted by the provisions the 2015
City of Sanford/Seminole County Joint Planning Agreement (JPA); and
Whereas, under the JPA the HIP -TI, High Intensity Planned Development —
Target Industry (Seminole County future land use designation) is equivalent to the WIC,
Westside Industry and Commerce (City future land use designation) and Exhibit "B" of
the JPA describes equivalent future land use designations in the City and the County
comprehensive plans and the proposed change in future land use designation
thereunder has been deemed equivalent due to their similar intensities and densities of
allowable development; and
Whereas, Exhibit "B" of the JPA steers the assignment of land use
designations, upon annexation of properties, the from HIP -TI, High Intensity Planned
Development Target Industry (Seminole County land use designation), to the WIC,
Westside Industry and Commerce (City of Sanford land use designation), finding that the
2 land use designations are equivalent on the basis of their similar intensities and
densities of allowable development; and
21Page
Whereas, Exhibit "B" of the JPA places this property within sub -area 8 and
Exhibit "C" identifies the following excerpts apply to this land use conversion:
; and
The City has amended its Comprehensive Plan to require PD zoning in this
area. All lands in this area annexed by the City subsequent to the JPA have
received land use designations of Westside Industry Commerce, one of the
City's equivalent designations to HIP -TI. City and County Comprehensive
Plan policies for this area are very similar. The City's densities and floor
areas are slightly less intense than the County's.
The County and the City established gateway corridor standards for SR 46
to ensure compatible and aesthetically pleasing development in the area.
This area is developing rapidly, consistent with both the City and the
County's Comprehensive Plan policies and corridor standards. The County
and City, working together, have been successful in minimizing urban
sprawl, providing affordable housing opportunities and targeting industrial
and commercial growth in this area. Both the County and the City will
continue to ensure that the area is developed consistent with their mutually
agreed upon standards and policies. This area should be reserved for
target industry and SunRail supporting development as there is limited
vacant acreage available on which target industry will site. Single-family
and low or medium density residential developments are not compatible
within this area. (Note: Modifications to the WIC, Westside Industry and
Commerce, future land use designation, in a Comprehensive Plan update
removed the requirement to rezone to PD, Planned Development.)
Whereas, the actions taken herein are consistent with the provisions of the
JPA; and
Whereas, the City's Planning and Development Services Department has
conducted a thorough review and analysis of the demands upon public facilities and
recommended that the subject rezoning application be approved having determined that
the proposal is technically sufficient and consistent with the goals, objectives and policies
of the Comprehensive Plan of the City of Sanford, the City's Land Development
Regulations (LDRs), and the controlling provisions of State law; and
Whereas, the City planning and development staff recommended approval of
this Ordinance subject to normative development detailed development requirements
and conditions some of which, if not later resolved, shall be subject to resolution by the
Planning and Zoning Commission; and
Whereas, the City of Sanford's Planning and Zoning Commission, as the City's
local planning agency, held a public hearing on January 6, 2022, to consider amending
the zoning of the subject PD property and recommended approval of the action taken
herein as requested by the Property Owner; and
Whereas, the City Commission has determined that the proposed rezoning of
the subject property as set forth in this Ordinance is consistent with the Comprehensive
Plan of the City of Sanford, the City's LDRs, and the controlling provisions of State law;
and
Whereas, the City Commission of the City of Sanford, Florida has taken all
actions relating to the rezoning action set forth herein in accordance with the
requirements and procedures mandated by State law.
Now, therefore, be in enacted by the People of the City of Sanford, Florida.
Section 1. Legislative findings and intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the City staff report and City Commission agenda
memorandum relating to the application relating to the proposed rezoning of the subject
property as well as the recitals (whereas clauses) to this Ordinance.
4
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(b). The approval set forth in this Ordinance is subject to the specific conditions
that are set forth subsequently in this Ordinance and the Property Owner has agreed that
no requirement herein lacks an essential nexus to a legitimate public purpose and is not
roughly proportionate to the impacts of the proposed use that the City seeks to avoid,
minimize, or mitigate.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(d). This Ordinance is consistent with the goals, objectives and policies of the
Comprehensive Plan of the City of Sanford.
Section 2. Rezoning of real property to PD; implementing actions.
(a), Upon enactment of this Ordinance the subject PD property, as depicted in
the map attached to this Ordinance shall be rezoned to PD.
(b). The City Manager, or designee, is hereby authorized to execute any
documents necessary to formalize approval of the rezoning action taken herein with
regard to the PD zoning district/classification herein assigned and to revise and amend
the Official Zoning Map or Maps of the City of Sanford as may be appropriate to
accomplish the action taken in this Ordinance and as set forth herein.
(c). The conditions to be incorporated into the pertinent development order
relating to the action taken in this Ordinance include the following:
(1). Pursuant to Section 4.3.G of the City's LDRs, this rezoning
shall expire 3 years from the effective date of this Ordinance if all
improvements have not been completed or an extension granted.
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(2). All development shall be consistent with an approved PD
Master Plan unless otherwise specifically set forth in any associated
development order; provided, however, that all subsequent development
orders shall be consistent with the provisions of this Ordinance.
(3). Unless specifically requested and approved on an approved
PD Master Plan, any required elements missing from or not shown on the
PD Master Plan shall comply with the City's LDRs.
(4). A development plan prepared and sealed by a licensed
Florida professional engineer meeting the requirements of the City's LDRs
must be submitted and approved prior to any construction on site and, with
regard to this requirement, a separate development plan is required for
each parcel, outparcel, or phase proposed for development.
(5). A decorative and functional fountain shall be installed in all
wet retention ponds as part of development approval which approval shall
provide for ongoing maintenance requirements and responsibilities upon
the appropriate party, but not the City.
(6). If City staff and the Property Owner are unable to agree to the
details of this Development Order in any way, the matter will be submitted
to the Planning and Zoning Commission for resolution at a public hearing,
and the matter will be adjudicated by means of a development order or
denial development order relating thereto.
(7). In agreeing to the above conditions in the subsequent PD
_ 6)Pa_ye
development agreement, the Property Owner will agree that, in
accordance with the provisions of Section 70.45, Florida Statutes,
pertaining to governmental exactions, the City has not imposed any
prohibited exaction. The term "prohibited exaction" is defined by that statute
to mean "... any condition imposed by a governmental entity on a property
owner's proposed use of real property that lacks an essential nexus to a
legitimate public purpose and is not roughly proportionate to the impacts of
the proposed use that the governmental entity seeks to avoid, minimize, or
mitigate."
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 establishing the
subject PD zoning district/classification.
Section 4. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed; provided, however, that the prior actions of the City pertaining to the Subject
PD zoning district/classification PD that are not inconsistent with the actions taken herein
are hereby ratified and affirmed.
Section 5. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 6. Non -codification; Implementation.
(a). This Ordinance shall not be codified in the City Code of the City of Sanford
or the City's LDRs; provided, however, that the actions taken herein shall be depicted on
the zoning maps of the City of Sanford by the City Manager, or designee.
(b). The City Manager, or designee, shall implement the provisions of this
Ordinance by means of a non -statutory development agreement which shall be executed
by the Property Owner, or their successor(s) in interest within 60 days of the effective
date of this Ordinance or the subject property's zoning classification shall revert to an
un -zoned property status.
(c). The non -statutory development agreement referenced in Subsection (b).of
this Section shall be and constitute a development order and shall not create contractual
rights of the Property Owner against the City nor contractual obligations of the City to the
Property Owner and, to that end, the Property Owner shall have no contractual rights or
remedies against the City with regard to any land use action of the City.
(d). The City has not waived any rights or remedies by taken the action set forth
herein or in the implementing development agreement and 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.
__ _ _ 81I1,age
Section 7. Effective Date.
This Ordinance shall take effect immediately upon enactment, but not until the
effective date of any associated annexation ordinance and ordinance providing for an
amendment to the Cit's Comprehensive Plan.
Passed and adopted this 14th day of February, 2022.
Attest:
1
Traci Houchin, MMC, ECRM
City Clerk
Approved as to form and gal sufficiency.
Gz
William L. Colbert, City Attorney
City Commission of the City of
Sati ord,
AWW'oo&uff
Mayor
CITY OF
SkFORD
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FLORIDA Item No.OT•F-3
CITY COMMISSION MEMORANDUM 22-05.6
FEBRUARY 14, 2022 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP — Planning Director
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Rezone 2.39 acres from A-1, Agriculture (County) to PD, Planned
Development (City of Sanford) at the project address of 3831 West 1st
Street
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
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.
SYNOPSIS:
A request to rezone 2.39 acres from A-1, Agriculture (County) to PD, Planned Development (City
of Sanford) at the project address of 3831 West 1st Street has been received.
At the time of advertising for the Planning and Zoning Commission held on January 6, 2022, the
property was owned by the Bullard Family Revocable Trust whose sole manager was Ruth Marie
Parker. Since then, the property has been sold. The current property owner is Pride Capital Fund
LLC, whose managers are Aladdin and Yvonne Shivji. Michael Woituniak, P.E., Engineering
Permitting Inc., has made application for the both owners. A Citizens Awareness and Participation
Plan (CAPP) meeting was held on August 27, 2021 and a copy of the report is attached, which is
satisfactory to the City.
The Affidavit of Ownership and Designation of Agent form is attached and additional information
is available in order to ensure that all potential conflicts of interest are capable of being discerned.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the parcel is undeveloped, and assessed as vacant
commercial land. Based on 2021 property tax roll, the subject property has an assessed value of
$320,617. The total tax bill for the subject property in 2021 is $4,674.17. If annexed, the property
would be assessed the City's millage rate and generate additional ad valorem taxes. Upon
annexation, it is the applicant's intent to establish a car wash, from which additional valuation will
result and ad valorem taxes and other potential revenues will be generated.
No additional staffing is anticipated if the land use amendment is approved.
BACKGROUND:
The 2.39 acre site is located in unincorporated Seminole County on the south side of State Road
46 and the corner of Central Park Drive. To facilitate the future development of the property, and
per the requirements of City Resolution No. 2008-2105, the property owners have submitted a
concurrent petition to annex the property into the City. When annexed, the subject property will
retain its Seminole County future land use designation of HIP -TI, High Intensity Planned
Development Target Industry until incorporated into the City's Comprehensive Plan.
Per Exhibit B of the 2015 City of Sanford/Seminole County Joint Planning Agreement (JPA), the
HIP -TI, High Intensity Planned Development Target Industry (Seminole County Land Use
Designation) is equivalent to the WIC, Westside Industry and Commerce (City of Sanford Land
Use Designation) in this specific segment of SR 46. 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 applicant
has submitted a concurrent request to amend the future land use map designation for the 2.39 acres
from HIP -TI (County) to WIC (City) for the purpose of a future commercial development.
The "Westside Industry and Commerce" (WIC) area is a mixed use designation intended to
promote the development of employment centers in the vicinity of the West SR 46 corridor and
the commuter rail station. The corridor's proximity to I-4 as well as SR 417 and the SunRail
commuter line provides access to regional markets and a substantial labor force. The WIC
designation permits both a vertical and horizontal land use mix of commercial, office, residential
with a maximum residential density of 20 dwelling units per acre.
Per Exhibit D, the subject property is within sub -area 8 of the JPA and Exhibit C the following
excerpts apply to this land use conversion.
All lands in this area annexed by the City subsequent to the JPA have received land use
designations of Westside Industry Commerce (WIC), the City's equivalent designations to HIP -
TI. City and County Comprehensive Plan policies for this area are very similar. The City's
densities and floor areas are slightly less intense than the County's. The County and the City
established gateway corridor standards for SR 46 to ensure compatible and aesthetically pleasing
development in the area. This area is developing rapidly, consistent with both the City and the
County's Comprehensive Plan policies and corridor standards. The County and City, working
together, have been successful in minimizing urban sprawl, providing affordable housing
opportunities and targeting industrial and commercial growth in this area. Both the County and
the City will continue to ensure that the area is developed consistent with their mutually agreed
upon standards and policies. This area should be reserved for target industry and SunRail
supporting development as there is limited vacant acreage available on which target industry will
site. Single-family and low or medium density residential developments are not compatible within
this area.
The City's Citizens Awareness and Participation Plan requirement is designed to focus attention
on the importance of citizen participation early in the planning process and its relationship to
completing a successful development project in Sanford. A modified Citizens Awareness
Participation Plan (CAPP) meeting was conducted at which time the applicant provided a concept
plan for a carwash. The PD, as proposed, will allow for all uses within the GC -2 General
Commercial zoning plus indoor wholesale storage, indoor manufacturing and vehicle services. The
proposed uses are in line with its underlying land use of WIC.
This item was presented for consideration to the Planning and Zoning Commission on January 6,
2022. After hearing staffs presentation as well as testimony of the applicant, the Planning and
Zoning Commission recommended the City Commission approve the request to Rezone
approximately 2.39 acres from Seminole County's A-1, Agriculture to City of Sanford PD,
Planned Development for the proposed Oyster Bay Car Wash at project address 3831 West 1St
Street subject to a Development Order containing all recommendation and conditions included in
this report.
The Planning and Zoning Commission voted unanimously to forward to the rezone request to City
Commission with a recommendation of approval.
LEGAL REVIEW:
The City Attorney may or may not have reviewed the staff report and the specific analysis provided
by staff, but has noted the following that should be adhered to in all quasi-judicial decisions:
Section 166.033, Florida Statutes, as amended 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):
"166.033 Development permits and orders.—
(1) Within 30 days after receiving an application for approval of a development permit or
development order, a municipality must review the application for completeness and issue a
letter indicating that all required information is submitted or specifying with particularity any
areas that are deficient. If the application is deficient, the applicant has 30 days to address
the deficiencies by submitting the required additional information. Within 120 days after the
municipality has deemed the application complete, or 180 days for applications that require
final action through a quasi-judicial hearing or a public hearing, the municipality must
approve, approve with conditions, or deny the application for a development permit or
development order. Both parties may agree to a reasonable request for an extension of time,
particularly in the event of a force majeure or other extraordinary circumstance. An approval,
approval with conditions, or denial of the application for a development permit or
development order must include written findings supporting the municipality's decision. . .
(2)(a) When reviewing an application for a development permit or development order that
is certified by a professional listed in s. 443.4877, a municipality may not request
additional information from the applicant more than three times, unless the applicant
waives the limitation in writing.
(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) When a municipality denies an application for a development permit or development order,
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 or order.
(4) As used in this section, the terms "development permit" and "development order" have the
same meaning as in s. 163.3164, but do not include building permits.
(5) 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
or development order 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.
(6) Issuance of a development permit or development order by a municipality does not 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.
(7) This section does not prohibit a municipality from providing information to an applicant
regarding what other state or federal permits may apply."
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. As noted above, an approval, approval with conditions, or denial of the
application for a development permit or development order must include written findings
supporting the decision. Accordingly, motions must state, with particularity, the basis for action.
The term "development order" is defined as follows: "... any order granting, denying, or
granting with conditions an application for a development permit." (Section 163.3164(15),
Florida Statutes). The term "development permit" is defined as follows: "... 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). The terms are,
of course, broad and comprehensive in their meanings.
The City Commission has also expressed its desire for all who vote against the majority decision
to express the rationale for their vote with regard to all such matters.
The City Commission approved the first reading of Ordinance No. 4673 on January 24, 2022.
The City Clerk published notice of the 2"d Public Hearing in the Sanford Herald on February 2,
2022.
RECOMMENDATION:
Staff has reviewed the information provided and has found the request to rezone of 2.39 acres at
project address 3831 West 1St Street from A-1, Agriculture (County) to PD, Planned Development
(City of Sanford) to be consistent with the Comprehensive Plan. The Planning and Zoning
Commission conducted a public hearing to determine if the proposed rezoning is consistent with
the goals, objectives and policies of the City's Comprehensive Plan, and recommend the City
Commission adopt an ordinance to rezone approximately 2.39 acres from A-1, Agriculture
(Seminole County) to PD, Planned Development for the proposed Oyster Bay Carwash at project
address 3831 West 1st Street, based on consistency with the goals, objectives and policies of the
City's Comprehensive Plan as recommended by staff and subject to a development order that
includes all recommended conditions and standards.
The following conditions should be considered to accompany any approval in an associated
Development Order:
1. Pursuant to Section 4.3.G of the Land Development Regulations (LDR) of the City of
Sanford, this rezoning shall expire three years from the effective date of this Ordinance if
all improvements have not been completed or an extension granted.
2. Unless specifically requested and approved on the PD Master Plan, any required elements
missing from or not shown on the PD Master Plan shall comply with the City's LDR.
3. A development plan prepared and sealed by a licensed Florida professional engineer
meeting the requirements of the City's Land Development Regulations must be submitted
and approved prior to any construction on site and, with regard to this requirement, a
separate development plan is required for each parcel, outparcel, or phase proposed for
development within the Oyster Bay Car Wash PD.
4. A decorative and functional fountain shall be installed in all wet retention ponds as part of
development approval which approval shall provide for ongoing maintenance requirements
and responsibilities upon the appropriate party, but not the City.
5. If City staff and the Property Owner are unable to agree to the details of this Development
Order in any way, the matter will be submitted to the Planning and Zoning Commission or
the Historic Preservation Board, whichever is appropriate, for resolution at a public
hearing, and the matter will be adjudicated by means of a development order or denial
development order relating thereto.
It is staff's recommendation the City Commission adopt Ordinance No. 4673.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4673."
Attachments: (1)
Project Information Sheet
(2)
PD Master Plan
(3)
Site Aerial Map
(4)
Zoning Map
(5)
Affidavit of Ownership
(6)
CAPP Meeting Report
(7)
Ordinance No. 4673
TADevelopment Review\03-Land Development\2021\3831 West 1st Street\PD Rezone\CC
Section 7. Effective Date.
This Ordinance shall take effect immediately upon enactment, but not until the
effective date of any associated annexation ordinance and ordinance providing for an
amendment to the Cit's Comprehensive Plan.
Passed and adopted this 14th day of February, 2022.
Attest: City Commission of the City of
r, Safi ord, FI r' a
Traci Houchin, MMC, rC- R.M
City Clerk
Approved as to form and gal sufficiency.
William L. Colbert, City Attorney
9� -
' I ST STREET
PROJECT INFORMATION --3831 WEST
` PLANNED DEVELOPMENT REZONE
Requested Action: Rezone 2.39 acres from A-1, Agriculture (Seminole County) to PD, Planned
Development (City of Sanford) at the project address of 3831 West 1 st Street
Proposed Use: Automotive Services
Project Address: 3831 West 1 st Street
Current Zoning: A-1, Agriculture (County)
Proposed Zoning: PD, Planned Development (City of Sanford)
Current Land Use: Vacant Commercial
Tax Parcel Number: 28-19-30-506-0000-0130
Site Area: 2.39 Acres
Property Owners: Pride Capital Fund LLC
Aladdin and Yvonne Shivji
1615 Talisia Court
Longwood, Florida
Applicant/Agent: Michael Wcjtuniak
311 South Woodland Boulevard
DeLand, FL 32720
Phone: 386.734.0830
CAPP Meeting: A CAPP meeting was held on Friday, August 27, 2021
Commission District: District 2 — Kerry Wiggins, Sr.
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: HIP -TI, High Intensity Planned Development Target Industry (2.39) acres.
Proposed Future Land Use: WIC, Westside Industry and Commerce
Existing Land Use: Vacant Commercial
Surrounding Uses and Zoning:
Zoning
North State Road 46/PD, Planned Development
South GC -2, General Commercial
East PD, Planned Development
GC -2, General Commercial
West GC -2, General Commercial
CONCURRENCY
Use
Multifamily
Indoor Manufacturing
Financial Institution
Warehouse / Office
Commercial Equipment Rental
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. An assessment will be made
at the development review stage.
LOS Standard
*
Facility Capacity"
Potable Water: 144 gal/capita/day
9.02 MGD (CUP Capacity)
Sanitary Sewer: 115 gal/capita/day
9.3 MGD
Solid Waste: 4.3 lbs/capita/day
21.5 million tons
The proposed overall demand of the project will be determined at the time of Engineering Plan Review.
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: - 6.73 MGD
Recorded 12 -month Average daily flow: 7.504 MGD -
Projects with FDEP permits (not in service): 0.806 MGD 0.624 MGD
** As provided by the City of Sanford's Utility Department. (CUP — Consumptive Use Permit)
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28-19-30-506-0000-0130 ELM PAW
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
Rodnev Bullard
hereby attest to ownership of the property described below:
Tax Parcel Number(s): 28-19-30-506-0000-0130
Address of Property: W SR 46, Sanford, FL 32771 (Number not assigned yet)
for which this
application is submitted to the City of Sanford.
II. 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): Michael Wojtuniak Signature:
Agent Address: 311-A South Woodland Blvd Deland, FL 32720
Email: mwojtuniak@epieng.net Phone: 386-490-5474
Ili. Notice to Owner
Fax: N/A
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.
S. 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)
c: Individual ❑ Corporation A Land Trust
.i, Other (describe
Cl Partnership o Limited Liability Company
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: Bullard Family Revocable Living Trust
4. For partnerships, including limited partnerships, list the name and address of each principal in the partnership, including general
or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above.
5. For each limited liability company, list the name, address, and title of each manager or managing member, and the name and
address of each additional member with two percent (2%) or more membership interest. If any member with two percent (2%) or
more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information
required in paragraphs 2, 3 and/or 4 above.
Name of LLC:
6. In the circumstances of a contract for purchase, list the name and address of each contract purchaser. If the purchaser is a
corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and/or 5 above.
Name of Purchaser:
Date of Contract:
NAME
TITLE/OFFICE/TRUSTEE
OR BENEFICIARY
ADDRESS
% OF
INTEREST
Ethel Myrlene Bullard
TRUSTEE
134 MAYFAIR CT SANFORD, FL 32771
33.3%
Rodney Gene Bullard
TRUSTEE
134 MAYFAIR CT SANFORD, FL 32771
33.3%
Ruth Marie Parker
TRUSTEE
134 MAYFAIR CT SANFORD, FL 32771
33.3%
(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.
Dat
STATE OF FLORIDA
COUNTY OF SEMINOLE
Owner, Agent, Applicant Signature
I HEREBY CERTIFY that on this day, efore me, an officer duly authorized to administer oaths and take acknowledgments,
personally appeared &,dh� ra,r E,�t►a�nl {ho is personally known to me or { } who produced as identification
and cknowledged before me that s/he executed the same. Sworn and subscribed before me, by by means of
(_7
presence or { } online notarization on the L day of n_ dobe 202nhe 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 al St to last aforesaid t ' l day f O 1ne.,— 202p:1
Rss
Notary Public State of Florida
Kathryn DeCarlo Richardson -Kota bbl' , tate of Florid
My Commission GG 3423511 ( A Notarial Seal
Expires 06/06/2023 ( )
Inted Name:
Af idaht o
CITY OF
SkNFU'_`QD
PLANNING & DEVELOPMENT
SERVICES DEPARTMENT
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
1. Ownership
I, AA*,Ad:,, , hereby attest to ownership of the property described below:
Tax Parcel Number(s): 2.'B '1-10 - S a r, - o 000 - o i so
Address of Property: \Aesk S%k4 u . So,�Ordk V7(-
for
L
for which this
application is submitted to the City of Sanford.
1I. 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): MrGhact Signature: �--
Agent Address:311-A Sou4v% Wood k"cl, S\Wk. beiundt FL- SZC1,Q o
Ema11: pn Wu n% ak s2�r ,u,c ^enc� Phone:*WdG -7 3,`J - 00'l0 Fax:
Ill. Notice to Owner
A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require anew 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 Appl'icant'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 4 Corporation and Trust o Partnership n 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, piease provide the information
required in paragraphs 2, 3 and/or 4 above.
Name of LLC: 1`9R146 1 / l;-,4 Z-
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 LCC, provide tihe information required for those entities in paragraphs 2, 3, 4 and/dr 5 above.
Name of Purchaser; / �/ d G- �"1 iii .Lc,n/ d L L G
Date of Contract:
NAME
TITLE/OFFICE/TRUSTEE ADDRESS % OF
OR BENEFICIARY INTEREST
-0 J a
(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.
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.
STATE OF FLORIDA
COUNTY OF SEMiNOLE
Owner,,Agod, Applicant Signature
i HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments,
personalty appeared Mo.dAn , l'N .4 i. `fi+} who is personally known to me or { }who produced as identification
and acknowledged before me that s/he executed the same. Sworn and subscribed before me, by by means of
{ }physical presence orf) online notarization on theme day of ,fie e '6*.—`, the said person did take an path and was first
duly sworn by me, on oath, said person, further; deposing and saying that s/he ' 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 r+=sai this ons day of bcr ,,Zl.Y2tF.
.otiisiY PGeG: MICHAEL WOJTUNIAK
:_ • , Notary Public • State of Florida Notary Public; State of Florida
• 0 Commission A GG 340998
My Comm. Expires Sep 22,2023 (Affix Notarial Seal)
Bonded through National Notary Assn. Printed Name:
Affidavit of O
2
Hppenaix b
NEIGHBORHOOD MEETING
NOTIFICATION LETTER
August 5, 2021
Dear Property Owner,
Engineered Permits Inc. would like to invite you to attend a
neighborhood meeting to discuss an application for an annexation
into the City of Sanford and a rezoning to a Planned Development
for Automated Car Wash to be located at the corner of Central Park
Drive and State Road 46, Oyster Bay Carwash. The meeting will be
held at the following place and time:
Camp House Bar and Grill Parking Lot
100 S White Cedar Rd.
SANFORD, FL 32771
OPEN AIR CANOPY
FRIDAY August 27, 2021 AT 6:00 PM TO 7:00 PM
Engineered Permits Inc. has submitted an application for the annexation into the City of Sanford
together with a Conceptual Site Plan and the application for the Planned Development rezoning. The
property is already currently zoned General Commercial in Seminole County and will be assigned the
equivalent General Commercial zoning in the City of Sanford if annexed. The Planned Development
that has been requested is for the purpose of the Car Wash and to allow minor changes to the setbacks
to conform to other surrounding properties in the area. The Conceptual Site Plan submitted to the City
of Sanford will be available for viewing at the neighborhood meeting. The Conceptual Site Plan shows
the proposed new building that has the most advanced Water Reclaimed system for automated car
washes. Some of the innovative aspects of this New Car Wash are:
• Water reclamation
Biodegradable soaps and cleansers
Solar Power
If you are unavailable to attend and have any questions or comments please email Michael Wojtuniak
at mwoituniak@epieng.net with any correspondence.
Engineered Permits Inc. would like to address any comments or concerns that you may have regarding
this proposal. Representatives from the City of Sanford have also been invited to attend this meeting.
We look forward to meeting you.
Sincerely,
Michael Wojtuniak, P.E.
Project Manager
311-A S. Woodland Blvd., Deland, FL 32720
Phone 386-734-0830 Fax 386-734-8226
mwoituniak@epieng.net
311-A S. Woodland Blvd., DeLand, FL 32720
Phone 386-734-0830 Fax 386-734-8226
epi@epieng.net COA#26298
August 30, 2021
City of Sanford
Planning and Development Services
300 N. Park Ave.
Sanford, FI 32771
Sabreena.Colbert@Sanfordfl.gov
Re: Oyster Bay Car Wash
Citizen Awareness Plan Submittal
Dear Mrs. Colbert,
Please find the attached Citizen Awareness Plan Results from the Oyster Bay Car Wash held on
August 27, 2021 at 6:00 pm.
If you should have any further questions or concerns, please don't hesitate notifying me via email
(mwoituniak@epieng.net) or by phone at 386-734-0830.
Sincerely,
Michael Wojtuniak, P.E.
FL PE # 60934
President
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Oyster Bay Car Wash
Central Parkway and SR 46
Sanford, FL 32771
Citizen Awareness and Participation Plan
I. Overview
A Neighborhood Meeting for the development of Central Parkway and SR 46 took place on Friday,
August 27, 2021 at Camp House Bar and Grill parking lot, located at 100 S White Cedar Rd at 6:00
pm. The meeting was required as part of the Citizens Awareness and Participation Plan (CAPP)
submitted in conjunction with the Rezoning application. The subject property is located at corner of
Central Parkway and SR 46, in the City of Sanford, Florida. The Seminole County Property Appraiser
parcel identification number associated with the subject property are 28-19-30-506-0000-0130.
List of affected parties (with addresses) that were notified of the proposed project and Invited to
the Neighborhood Meeting.
Refer to Appendix A.
III. Number of Neighborhood Meeting Notices distributed.
Fifty two (52) total, including notices mailed to property owners within 500 feet of the subject
property, the City of Sanford, Oyster Bay Car Wash, Contractor, and Engineer of Record
IV. A copy of the Neighborhood Meeting Notice.
Refer to Appendix B
V. Neighborhood Meeting Notice distribution date and method.
The notices were mailed on Tuesday August 10, 2021.
VI. The date and location of the Neighborhood Meeting.
August 27, 2021
Camp House Bar and Grill parking lot
100 S White Cedar Rd
Sanford, FL 32771
6:00 PM — 7:00 PM
VII. The number of citizens that participated in the Neighborhood Meeting.
0, not including the Engineer.
VIII. Name and Contact information for meeting participants.
None available, as no one attended, except for Tom Ball (Sales) , Michael Wojtuniak (Engineer) and
Austin McWilliams (sales and leasing agent for Oyster Bay property)
Oyster Bay Car Wash
Central Parkway and SR 46
Sanford, FL 32771
Citizen Awareness and Participation Plan
IX. A record of all phone calls and emails received, with a description of concerns, issues and or
problems discussed and contact information of caller.
Date Call or Email/ Contact Information Concern/Issue
None received.
X. A summary of concerns, issues and/or problems expressed at the Neighborhood Meeting.
None received.
311-A S. Woodland Blvd., DeLand, FL 32720
Phone 386-734-0830 Fax 386-734-8226
EPI I N C . I I.: --- -'- -.-' --- I '-- COA#26298
Comment Sheet- Appendix
August 20, 2021
Re: Annexation and Planned Development for property located at Central Park Dr. and State
Road 46
Name:
Address:
Email:
Comments:
This meeting was held at the below location and time:
Oyster Bay Carwash site
Central Park Dr. and State Road 46
Sanford, FL 32771
Date: August 20, 2021
Time: 6:00 PM to 7:00 PM
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