4709 Amend the FLU of 7.07 acres at 160 Elder RoadORDINANCE NO. 2022-4709
An Ordinance of the City of Sanford, Florida Amending the City of
Sanford Comprehensive Plan, as Previously Amended; Providing for
Amendment of the Future Land Use Map of the Future Land Use
Element of the City of Sanford Comprehensive Plan relative to certain
real property, containing approximately 7.07 acres in size owned by
Splash & Dash Inc, Carter I & Suzanne M Rucker, and Carter Rucker
(Tax Parcel Identification Numbers 28-19-30-506-0000-003A/Parcel 1;
28-19-30-506-0000-003J/Parcel 2; 28-19-30-506-0000-004A/Parcel 3; 28-
19-30-506-0000-0046/Parcel 4; 28-19-30-506-0000-003E/Parcel 5), said
property being addressed as 160 Elder Road; providing for the future
land use designation to be amended from HIP -TI, High Intensity
Planned Development Target Industry (County) to WIC, Westside
Industry and Commerce (City of Sanford); providing for legislative
findings and intent; providing for assignment of the land use
designation for the property; providing for severability; providing for
ratification of prior acts of the City; providing for conflicts; providing
for codification and directions to the code codifier and providing for
an effective date.
Whereas, the fee simple title owners of the real property that is the subject of
this Ordinance are Splash & Dash Inc, Carter L & Suzanne M Rucker, and Carter
Rucker ("Property Owners") and the subject real property is assigned Tax Identification
Parcel Numbers 28-19-30-506-0000-003A/Parcel 1; 28-19-30-506-0000-003J/Parcel 2;
28-19-30-506-0000-004A/Parcel 3; 28-19-30-506-0000-004B/Parcel 4; 28-19-30-506-
0000-0031/Parcel 5, by the Seminole County Property Appraiser; and
Whereas, the subject real property (a site 7.07 acre in size) is located in
unincorporated Seminole County on the south side of West 1St Street, east of Sewell
Road and west of Elder Road, and addressed as 160 Elder Road; and
Whereas, Brookes Stickler, P.E., of Kimley-Horn, has made application for the
owners; and
Whereas, a Citizens Awareness and Participation Plan (CAPP) meeting was
conducted on January 26, 2022, and found satisfactory to the City, and
11 ;F).C.
Whereas, the actions taken to change the future land use designation of the
subject property, as set forth in this Ordinance, are occurring pursuant to the City's
Comprehensive Plan which requires the City to assign the WIC, Westside Industry and
Commerce future land use designation to the subject property as stated in Policy FLU
1. 1, Policy FLU 1. 12, and Policy FLU 1.15; and
Whereas, the Applicant has submitted a request to amend the future land use
map designation for the subject property from HIP -TI, High Intensity Planned
Development Target Industry (County) to WIC, Westside Industry and Commerce (City
of Sanford) for the purpose of a future mixed use, multi -family and commercial
development; and
Whereas, the Applicant has also applied for a PD, Planned Development rezone
to amend The Tuscany Village (commercial) PD to facilitate the future development of a
mixed-use, multi -family project consistent with the proposed WIC future land use
designation; and
Whereas, the City of Sanford's Planning and Zoning Commission, as the City's
local planning agency, held a public hearing on August 22, 2022, to consider amending
the Future Land Use Map of the Future Land Use Element of the City of Sanford
Comprehensive Plan and recommended approval of the proposed Future Land Use
Map amendment to the Comprehensive Plan for the subject property; and
Whereas, Section 163.3187, Florida Statutes, relates to the amendment of
adopted local government comprehensive plans and sets forth certain requirements
relating to small scale amendments, and which are related to proposed small scale
development activities and provides, among other things, that such amendments may
2 1 P a g e
be approved without regard to statutory limits on the frequency of consideration of
amendments to the City of Sanford Comprehensive Plan; and
Whereas, the City of Sanford has complied with all requirements and procedures
of Florida law in processing this amendment to the City of Sanford Comprehensive Plan
including, but not limited to, Section 163.3187, Florida Statutes; and
Whereas, the City of Sanford has complied with Florida's Community Planning
Act which was amended during the 2021 Legislative Session by the passage of
Committee Substitute for Committee Substitute for Committee Substitute for House Bill
Number 59 (initially codified as Chapter Number 2021-195, Laws of Florida) to require
every city and county within the State "to include in its comprehensive plan a property
rights element" (Section 163.3177(6)(i)1, Florida Statutes).
Now, therefore, be in enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings and intent.
A. The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
B. The City Commission of the City of Sanford adopts the recitals (whereas
clauses) of this Ordinance as legislative findings.
C. This Ordinance is internally consistent with the goals, objectives and
policies of the Comprehensive Plan of the City of Sanford and the proposed
Comprehensive Plan amendment does not trigger any urban indicators and adoption of
this amendment will discourage the proliferation of urban sprawl within the City of
Sanford.
Section 2. Amendment to Future Land Use Map.
31 Page
A. The Future Land Use Plan Element of the Comprehensive Plan of the City
of Sanford and the City's Future Land Use Map is hereby amended by changing the
land use designation from HIP -TI, High Intensity Planned Development Target Industry
(County) to WIC, Westside Industry and Commerce (City of Sanford) regarding the real
property which is the subject of this Ordinance as set forth herein.
B. The property which is the subject of this Comprehensive Plan amendment
is assigned Tax Identification Parcel Numbers 28-19-30-506-0000-003A/Parcel 1; 28-
19-30-506-0000-003J/Parcel 2; 28-19-30-506-0000-004A/Parcel 3; 28-19-30-506-0000-
00413/Parcel 4; 28-19-30-506-0000-0031/Parcel 5, by the Seminole County Property
Appraiser.
C. The subject property is addressed as 160 Elder Road and located in
unincorporated Seminole County on the south side of West 1st Street, east of Sewell
Road and west of Elder Road, and more particularly described per the following legal
description:
THE WEST 37 1/2 FEET OF THE NORTH 150 FEET OF LOT 4 OF SMITH'S
THIRD SUBDIVISION, AND THE EAST 37 1/2 FEET OF THE WEST 75 FEET OF
THE NORTH 150 FEET OF LOT 4 OF SMITH'S THIRD SUBDIVISION, AS PER
PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 86, OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA. AND BEGINNING AT THE
NORTHEAST CORNER OF LOT 3, SMITH'S THIRD SUBDIVISION, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 86, OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN WEST
ALONG ST. GERTRUDE'S AVENUE 144 FEET; THENCE SOUTH 510 FEET;
THENCE EAST 144 FEET; THENCE NORTH 510 FEET TO THE POINT OF
BEGINNING. AND THE NORTH 100 FEET OF THE SOUTH 150 FEET OF THE
EAST 144 FEET OF LOT 3, SMITH'S THIRD SUBDIVISION, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 86, OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. LESS AND EXCEPT
THE SOUTH 148 FEET OF THE EAST 144 FEET THEREOF. TOGETHER WITH
THE SOUTH 148 FEET OF THE EAST 144 FEET OF LOT 3, SMITH'S THIRD
SUBDIVISION A/K/A M.M. SMITH THIRD SUBDIVISION, ACCORDING TO THE
MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE(S) 86, OF
THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. TOGETHER WITH
A PARCEL OF LAND LOCATED IN SECTION 28, TOWNSHIP 19 SOUTH,
4 1 P a g e
RANGE 30 EAST SEMINOLE COUNTY, FLORIDA, BEING THAT PORTION OF
ELDER ROAD LYING BETWEEN LOTS 4 AND 5, SMITHS THIRD SUBDIVISION,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1,
PAGE 86 AND THE WEST 10.00 FEET OF SAID LOT 5, OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID
LOT 4; THENCE ALONG THE EAST LINE OF SAID LOT 4 AND THE WEST
RIGHT-OF-WAY LINE OF SAID ELDER ROAD, NOO'07'52'W, A DISTANCE OF
510.47 FEET; THENCE DEPARTING THE EAST LINE OF SAID LOT 4 AND THE
WEST RIGHT-OF-WAY LINE OF SAID ELDER ROAD, N89'53'21"E, A
DISTANCE OF 40.00 FEET TO A LINE LYING 10 FEET EAST OF AND
PARALLEL TO THE WESTERLY LINE OF SAID LOT 5; THENCE S00'07'52"E
ALONG SAID LINE LYING TO THE SOUTH LINE OF SAID LOT 5; THENCE
DEPARTING SAID LINE LYING 10 FEET EAST OF AND PARALLEL TO THE
WESTERLY LINE OF LOT 5, S89'53'57"W, A DISTANCE OF 40.00 FEET TO
THE POINT OF BEGINGING. CONTAINING 0.4688 ACRES (20418 SQUARE
FEET) OF LAND, MORE OR LESS.
Section 3. Implementing Administrative Actions. The City Manager, or
designee, is hereby authorized to implement the provisions of this Ordinance as
deemed appropriate and warranted.
Section 4. Ratification Of Prior Actions. The prior actions of the City
Commission and its agencies in enacting and causing amendments to the
Comprehensive Plan of the City of Sanford, as well as the implementation thereof, are
hereby ratified and affirmed.
Section 5. Severability. If any section, sentence, phrase, word, or portion of
this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to
impair the validity or effect of any other action or part of this Ordinance.
Section 6. Conflicts. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 7. Scrivener's Errors. Typographical errors and other matters of a
similar nature that do not affect the intent of this Ordinance, as determined by the
City Clerk and City Attorney, may be corrected with the endorsement of the City
51Page
Manager, or designee, without the need for a public hearing.
Section 8. Codification/Instructions to Code Codifier. It is the intention of
the City Commission of the City of Sanford, Florida, and it is hereby ordained that the
provisions of this Ordinance shall become and be made a part of the codified version of
the City of Sanford Comprehensive Plan and/or the Code of Ordinances of the City of
Sanford, Florida in terms of amending the Future Land Use Map of the City.
Section 9. Effective Date. The small scale Comprehensive Plan amendment
set forth herein shall not become effective, in accordance with Section 163.3187(5)(c),
Florida Statutes, until 31 days after the enactment of this Ordinance. If challenged
within 30 days after enactment, the small-scale amendment set forth in this Ordinance
shall not become effective until the State land planning agency or the Administration
Commission, respectively, issues a final order determining that the subject small-scale
amendment is in compliance with controlling State law; provided, however, that this
Ordinance shall not take effect until the annexation ordinance annexing the property
that is the subject of this Ordinance is final.
Passed and adopted this 26th day of September, 2022.
Attest:
By: &ab +ANa k -A I LRM
Traci Houchin, MMC, FCRM
City Clerk
Approved as to form and legality
r
By:.
William L. Colbert, Esquire
City Attorney
City Commission of the City of
Sanford, Florida 9
:Wo:odr Off
Mayor q
6 1 P a g e
"` ~ PROJECT INFORMATION — 160 ELDER ROAD
COMPREHENSIVE PLAN AMENDMENT
Requested Action: A Comprehensive Plan Amendment to change the future land use map designation
of a 7.07 acre parcel at 160 Elder Road from HIP -TI, High Intensity Planned
Development Target Industry (County) to WIC, Westside Industry and Commerce
(City of Sanford)
Proposed Use: Multifamily Residential with Commercial Out Parcels
Project Address: 160 Elder Road
Current Zoning: A-1, Agriculture (County)
Proposed Zoning: PD, Planned Development (City of Sanford)
Current Land Use: Vacant Residential, Single-family Residential, Rights -of -Way
Tax Parcel Number: 28-19-30-506-0000-003A, 28-19-30-506-0000-003J, 28-19-30-506-0000-004A,
28-19-30-506-0000-004B, 28-19-30-506-0000-0031, and Elder Road.
Site Area: 7.07 Acres
Property Owners: Splash & Dash Inc, Carter L & Suzanne M Rucker, Carter Rucker
1782 Alaqua Lakes Blvd
Longwood, FL 32779
Applicant/Agent: Brooks Stickler
Kimley-Horn
189 South Orange Avenue, Suite 1000
Orlando, FL 32801
Phone: 407.427.1677
CAPP Meeting: A CAPP meeting was held on January 26, 2022
Commission District: District 4 — Patty Mahany.
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: HINTI, High Intensity Planned Development Target Industry (7.07) acres.
Proposed Future Land Use: WIC, Westside Industry and Commerce
Existing Land Use: Vacant Residential
r
SITE
Jw If
fit
1t11t • .. r
1141'
�� • •t r_: � ; i� moi' / � � T �C. � � ~~ I�f
i.t
i
r.
SAH 7A,CWTO QRCI'E • w " `'
�� F
T b, t,
DtM
'�'�►'- ._,."moi � � , t_ ,Nt..
Site
260 Elder Road
28-19-30-506-0000-004B,
28-19-30-506-0000-004A,
28-19-30-506-0000-003I, OAIC ORaE
28-19-30-506-0000-0033, & ,
28-19-30-506-0000-003A ,;
City of Sanford Comprehensive Plan Amendment
Site: 160 Elder Road
Parcel (s): 28-19-30-506-0000-003A,
28-19-30-506-0000-0033,
28-19-30-506-0000-003I,
28-19-30-506-0000-004A, &
28-19-30-506-0000-004B
Proposed Future Land Use: Westside Industry and
Commerce (WIC)
6.13 Acres
Existing Land Use
Crmmerdal
1"INIC sdoul!Koreges
Muhi-Forney
Sngle Famly
Current Future Land Use
Higher Intensity Planr,-d
G-zaelopment - Target
lnduvey (County)
'A
Existing Land Use
46
d
C
Proposed Future Land Use
WesLidt
Industry &
Commerce
MIME
' e
n
I
1
ii w; df• 6 � `�
r
i T■■■ii■■i'i■ ■i O
1IEE
•
R
•
I �
■
,•* rq1== �q 1�
yrWlicl Uo �► s. - �,
U■11■d■■■1 �
•.i •.1....,.11..1 � - _
rrr■..■i
4� -
h A 1■=111[sea 1.N
■
1�Lowndes
1. Overview
W_171M1ig7;1i1kIrih
tara.tedrow@lowndes-law.com
215 North Eola Drive, Orlando, Florida 32801-2028
T: (407) 418-63611 F: 407-843-4444
MAIN NUMBER: 407-843-4600
lir MERITAS°LAW FIRMS WORLDWIDE
January 26, 2022
Rezoning Citizen Awareness & Participation Plan
A Neighborhood Meeting for the rezoning for the properties with parcel identification numbers
28-19-30-506-0000-0050, 28-19-30-506-0000-005A, 28-19-30-506-0000-0060, 28-19-30-506-
0000-006A, 28-19-30-506-0000-0070, 28-19-30-506-0000-00413, 28-19-30-506-0000-004A, 28-
19-30-506-0000-0031, 28-19-30-506-0000-0031, 28-19-30-506-0000-003A, 28-19-30-506-0000-
003G, 28-19-30-506-0000-003F (collectively, the "Property"). The meeting was required as a part
of the Citizens Awareness & Participation Plan ("CAPP") submitted in conjunction with rezoning
applications.
11. List of affected parties (with addresses) that were notified of proposed project and invited to
the Neighborhood Meeting.
Please see Appendix A
III. Number of Neighborhood Meeting Notices distributed.
One hundred fifty six (156) notices were mailed to property owners within 500 feet of the subject
property and the City of Sanford.
IV. A copy of the Neighborhood Meeting Notice.
Please see Appendix B.
V. Neighborhood Meeting Notice distribution date and method.
The notices were mailed via USPS certified mail on January 12, 2022.
Lowndes, Drosdick, Dosser, Kantor & Reed, P.A. lowndes-faww.corn U
0894227\195726\11736168v1
May 10, 2022
Page 2
Vi. The date and location of the Neighborhood Meeting.
January 26, 2022 from 6:00-7:00 p.m.
Seminole Library North Branch
150 N. Palmetto Avenue
Sanford, FL 32771
VII. The number of people that participated in the Neighborhood Meeting.
Three (3) people attended the meeting from the public as well as Catherine Felter and Brooks
Sticker, the engineers from Kimley-Horn, who attended from the development team. The
attendees raised no objections and said they did not have an issue with our request.
VIII. A record of all phone calls and e-mails received, with a description of concerns, issues or
problems discussed and contact information of caller.
Six (6) people named Neil Hoffman, Ms. Wong, Theresa Hernandez, Suzanne Chagnon, Pearl
Fernandes and Mike Cristante reached out via email and/or via phone to RSVP or request project
information and a conceptual drawing. The drawing was provided but the development team
stated it was a draft and not final.
IX. A summary of concerns, issues and or problems expressed at the Neighborhood Meeting.
The only concern raised from the adjacent property owner was the buffer being proposed
between the properties which was discussed at length with the engineers.
TLT/lak
0894227\195726\11736168v1
2a Lowndes
I. Overview
TARA L. TEDROW
tara.tedrow@lowndes-law.com
215 North Eola Drive, Orlando, Florida 32801-2028
T: (407) 418-6361 F: 407-843-4444
MAIN NUMBER: 407-843-4600
-V ,r
TFT MERITAS'LAW FIRMS WORLDWIDE
Rezoning Citizen Awareness & Participation Plan
A Neighborhood Meeting for the rezoning for the properties with parcel identification numbers
28-19-30-506-0000-0050, 28-19-30-506-0000-005A, 28-19-30-506-0000-0060, 28-19-30-506-
0000-006A, and 28-19-30-506-0000-0070 (collectively, the "Property"). The meeting was
required as a part of the Citizens Awareness & Participation Plan ("CAPP") submitted in
conjunction with rezoning applications.
II. List of affected parties (with addresses) that were notified of proposed project and invited to
the Neighborhood Meeting.
Please see Appendix A
III. Number of Neighborhood Meeting Notices distributed.
Sixty-two (62), including notices mailed to property owners within 500 feet of the subject
property and the City of Sanford.
IV. A copy of the Neighborhood Meeting Notice.
Please see Appendix B.
V. Neighborhood Meeting Notice distribution date and method.
The notices were mailed via USPS certified mail on December 22, 2021.
Lowndes, Urosdick, Doster, Kantor & Peed, P.A, lowndes-larv.com
0894227\195726\11691879v1
May 10, 2022
Page 2
VI. The date and location of the Neighborhood Meeting.
January 6, 2022 from 6:00-7:00 p.m.
Seminole Library North Branch
150 N. Palmetto Avenue
Sanford, FL 32771
VII. The number of people that participated in the Neighborhood Meeting.
Two (2) people attended the meeting from the public, named Rob Keeler and Carter Rucker. Tara
Tedrow, Kamil Salame, and two engineers from Kimley-Horn attended from the development
team. The attendees raised no objections and said they did not have an issue with our request.
VIII. A record of all phone calls and e-mails received, with a description of concerns, issues or
problems discussed and contact information of caller.
One (1) person named Mr. Crisante reached out via email and requested project information and
a conceptual drawing. The drawing was provided but the development team stated it was a draft
and not final.
IX. A summary of concerns, issues and or problems expressed at the Neighborhood Meeting.
None.
TLT/lak
0894227\195726\11691879vl
MAFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
1877--
cWw,vanftrOfl,uov
Please use additional sheets as needed, If any additional shute are attached to this document, pica= sign hero and note bolooi:
1. Ownership
Carter Rucker- hereby attest to ownership of thp pirripnHy eiP%zoAhr-.ri hPInw:
Tax Parcel Numbar(s): 28-19-30-506-0000-0031, 28-19-30-506-O0OC-004A,
Address of Prope.1y: 2JI Sewell had, banto'd FL -32771, 1E0 5 Elder Rd, Sanford EL 32771
for which IN3 Anrexation and ComprehoigivP PD tfastHr Pian Arnintinnnint
It. Dasignation of Applicant's Agent (leave Vank If not applicable)
A; tho vwncr/applicant of the otbove designotod popafly for which thin affidavit is submitted, I deaignale the oelow named individual
as my agent in 811 matters pertaining to the application process. In authorizing the agent naryied below to rep-esent me, or my
compa-iy, I attest that the application is made it good faith anc that all information contained in the appicafion is accurate acid
compicte to the best of my personal knovfiecl4e,
Applicant's AGent (PrinO: BROOKS STICKLER qi0nriqt1rP-
Agent Address: 189 S, ORAWE AVE. SUITE 1-M, CRI-ANDO F1 32801
Email: BROOKS.STICKLE-R(0)KIMLFY-HOFtN.COM
Ill. Notice to Owner
none: 407-427-1677 Fax:
A. At changes ii Ownership andfor Applicant's Agent prior to final action of the City shall require a new affidavit. If ownership
change -7, the now ownor an-nurrics oil obliqalion3 related to the filing applicatio-i pror�c*:s,
B. If the Owner ntends for the authority of the Applicant's Agent to be limited in any manner, please indicate the limitations(s)
below. (i.e.., limited to ottaining a certificate of concarrency: limited to obtaining a land use compliame celificaze. etc.)
The owner of the real property associated with this application or procurement activity is a (check one)
A Ind victual n Corporation ci Land Trust n Par-nership ri Limitel Liability Company
--1 Other (describe):
1, -ist 41 natural persons who have an ownership interest in the property, %bich s the subject matter of this petition, by name and
address.
2. For each corporation, list the name, address, and lite of each officer; the name and address of each dire --tor cf the corporation;
and the name and adJress of each shareholder who owns two percent (2%) or nore of the stock of tie corporation- Shareholders
need not `be disclosed if a itOrporation's stock are traded publicly on airy national stock exchange -
3. In the Case of a trust, IIM the'na-ne and address of each trLstee and the name and ad-Jress of the beneficiaries of the trust and the
percentage of,interes',pf, each teriefipiary. If any trustee or beneficia-y of a trust is a corpDraticn, please provide the information
required in paragraph 2 above_
flameof Trust;
4. For partnershiM, including limited partnerships list tie name and address of each principal in the partnership, including general
or limited partners. If any partner in a corporation, please provide the information required in paragraph 2 above.
5. For each limited liability compgrly, list the name, address, and title of each manager or managing men-ber; and the name and
addrass of eaci adeitiond rnomhor �Aith 1-im Percent (2%) or rrore mernbcrship intere-st. If any member Wth Wo percent (2%) ur
more membership irtereW., manager, or nanaging member is a corporation, trust o., partnership, please provide the information
requirod in paragraphs 2, 3 and'of 4 4bvvt,
Name of LLC:
B. In the circumstances of a contract for purchase, list the name and address of each contract purchaser. If the pLrchaser is a
corponatioi, mint, p-qrtrwrqhip, or LLC, provide the inf6rm2ton required for those Gntitios in paragraphs 2, 3, 4 and/or 6 abovo,
Name of Purobaser:
Date of r-ontract-
NAME TITLEIOFFICEMUSTEE ADDRESS % OF
OR BENEFICIARY INTERS
W
(Use additional sheets for more space.)
7: As to anv tripe of owner referred to above, a change of ownership occurring subraquant to the f%yer(itinn of his document, shall be
discicsed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains.
I affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable injUiry. I
understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use arrencirrent, special
exception, or variance invcIved with This Application to become void or for the submissior for a procurerrent activity to be non-
responsive I certify that I am legally authorized to e,.(eCUt8 this Affidavit and to bind the Applicant or Vendor ta the disclosures
herein,
Date
STATE OF FLORIDA
coway of 2o. -L -/v-0 I&.=
SwOrl to (or affirmed} and subscribed before me by
on this V
day of 20_7L
Signature of Notary Public
I
Personally Known J1 OR Prodimpd ldeniificatzn
Type of Identification Produced
ARUt—A F CY.,--F4p . Jonupry 101 S
L
owner, Agent, Applicant Signature
ROBIN f-' DMER
Notary F'W
to, State of Roida
CmmisionN Hil 22160
My ocirim. Ores Avg. 17.2024
Print, Type or Stamp Name of Notary Public
N I I 'I
,,,0R%1LnDAFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
1 _1877— .4
WWW.S.,112fdCHLYOV
ple,
lv�e use additional shoets as needed. If any additional rhects arc attachod to this documQnt, aloaza sign here and note bele v:
Uwnership
1, Splash & Dash lm(Olio based) hprphy atl*bel to ownpr.chip of thA prelflPly ripqnrihnd hpinw-
Tax Parcel Number(s): 28-19-30-506-0000-0046, 28 -19 -3C -506-0000-003A, 28 -19 -3D -506-0000-003J
Address of Property: 198 S Elder Road, Sanford FL 32771, W SR 4GSanford R_ 32771, Sanford FL 32771
for whiclithis
11, Dasignation of Applicant's Agent (leave blank if not applicable)
A3 the owncrIappliomnt of the above designated properly for which this affidavit is submitted, I designate the below named individual
as my agent in all matters peirtaining to the application process. In authorizing the agent named bElow to represent me, or my
company, I attest that the application is made it good faith and that all information conta nett in the appicatiol is accurate and
complete to the best of my personal knowledge.
Applinvnt't; AD(-nf (Print), BROOKS STICKLER
Agent Address: 139 S. ORANSE AVE. SUITE 000, ORLANDO F132801
Email- BROOKS..STtOKLER@KIMLEY-HOfiN.COM
Ill. Notice to towner
Signature!
Plhone: 407-427-1677 Fax:
A Al changes in Ownership and/or Applicant's Agent priorto final action of the City stall require a new afficavit, If ownership
c1-zn9e!s, the new owner assumes all otligations related to the filing applic-afion process,
B, If the Uvner intends forthe authority of -tie Applicant's Agent to be limited in any manner, please indicate the limitations(s)
below. 6.e.: limilec to obtaining a certificate of concurrency; limited to ob,.aining a land use compliance certificate, otG.y
The owner of the real property associated with this application or procurement activity is a (check one)
r t individual A Corporation r, Land Trust ri Partniarghip n HmitpA Liability Cornrnny
o O&er (descrite):
1. List gll natural persons uric, have an ownership interest in the property, which is the subject matter of this petition. ty name and
address,
2. For each E2rp2Latjon, list the name, address, and title of each officer; the name and address cf each director of the corporatioi;
and tie name anti address of each shareholder who owns two percent (2%) or more Df the stock of the corporation. Shareholders
need not be disclosed
sclosed if a cc . oration's stock are traded pu3licly on any national stock exchange.
3. In the case of a trust list the, name and acldress!of eEch trustee and the name and address of the bereticianes of the :rust and the
percentage of nierest of.eaqhm.0neficiaiv. if any trustee or beneficiary of a trust is s corporation, please Drovide the information
required in paragraph 2 above,
Dame ot Trust:
4. =or pgrtnurshiE , including limited partnerships, list the name and address of each principal in the partnership, including general
or tin- ted partners- If any partner is a corporation, please provide the information required in paragraph 2 above.
5. For each limited liability romRan , list tie name, address, and title of each manager or managing merrber; and the name and
nddwms cf each additional member with two porceni (2%,' or more nomborohip interest, If any member with two percent (2%) or
more membership irterest, manager, ar managing member is a corporation, trust or parinership, please proviJe the information
recItirad In paragraphs 2, 3 andlor 4 above.
Narre of LLG. SplasVN Dash
6. In the circumstances of a cgritoct forourch-ase, list the name and address of each contract purchaser. If the purchaser is a
corporation, trust, partnership, or LLC, provide the Information rr-qijirel for ihose entities in oaragrQphs 2, 3,4 and/or 6 above.
Name of Purchaser:
Date of Contract:
NAME
11TILE/OFFICEITRUSTEE
UR BENEFICIARY
AMKESS
% OF
INTEREST
Carter Rucker
President
1782 Alaoua Lakes Blvd
ion
(Use additional sheets for more space.)
T As to any type iY owner referred to above, a change of ownership occurring subsequent to the mecul ion of ihin dapi.imemi, shall be
disclosed in writing to the City prior to any action being taken by the City as 'o the matter relative to which this document pertains.
B. I affirm that the above representations are true and are based upon my personal inowladge and belief after all reasonable injuiry. I
understand that any failure to make mandated disclosures is grounds for the subject rezone, fultire lend use arnandwent, special
exception, or variance involved with this Auplication to become void or for the subm ssion for a procurement activity to be nor-
respo-isive. I certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Verdor to the disclosures
hereir..
STATE OF FLORInA
C-01jal-Y i1F ct ,'t-Jrl
Sworn to (:)r affirmed) and subscribed before me by
-)o
on this.. - ,f -, day of
,4, 20Z7 -
Signature of Notary Public
Personally Known OR Produced IdenlificatiDn
Type of Identification Produced
A'Oda%�ic(Owno--,Mp-JinUaryMtA',
Z
owner, p66,Appllcant Sighature
JOBINC, DRIER
Now) Public State of FIDWS
C,<mnjIssI*nN HH22160
Mycomm. ej0(eSA4j7,2Q24
or Stamp Name of NotarV Public
44�:,F0$p •
WS_ RM X
�
Item No. � ,. A
CITY COMMISSION MEMORANDUM 22-228
SEPTEMBER 26, 2022 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP, Director of Planning
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Amend the Future Land Use designation of a 7.07 acres at 160 Elder Road
from HIP -TI, High Intensity Planned Development Target Industry
(County) to WIC, Westside Industry and Commerce (City of Sanford).
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A request to amend the Comprehensive Plan Future Land Use designation for 7.07 acres at 160
Elder Road from HIP -TI, High Intensity Planned Development Target Industry (County) to WIC,
Westside Industry and Commerce (City of Sanford) has been received.
The properties are owned by Splash & Dash Inc, Carter L & Suzanne M Rucker, and Carter
Rucker. Brookes Stickler, P.E., of Kimley-Horn, has made application for the owner. A CAPP
(Citizens Awareness and Participation Plan) meeting was held on January 26, 2022 and a copy of
the report is attached, which has been found to be satisfactory to the City.
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, two properties are vacant residential lots and three
are developed with single-family residences. The assessed tax value and total tax bill for 2021 is
shown below:
Parcel Number
Assessed Value
Tax Bill
Property Status
(2021)
(2021)
28-19-30-506-0000-003A
$48,240
$665
Vacant Residential
(Parcel 1)
28-19-30-506-0000-003J
$234,368
$3,233
Vacant Residential
(Parcel 2)
28-19-30-506-0000-004A
$426,391
$5,882
Single -Family Residence
(Parcel 3)
28-19-30-506-0000-004B
(Parcel 4)
$114,030
$1,573
Single -Family Residence
28-19-30-506-0000-003I
(Parcel 5
$101,067
$1,394
Single -Family Residence
It is the applicant's intent to develop the property as a mixed use, multi -family and commercial
development. The proposed development will facilitate new multi -family residential and non-
residential construction and additional tax revenue to the City.
No additional staffing is anticipated if the land use amendment is approved.
BACKGROUND:
The above referenced properties are located in unincorporated Seminole County on the south side
of West I" Street, east of Sewell Road and west of Elder Road. The subject properties were
annexed into the city on April 11, 2022 via Ordinance No 4681. In order to facilitate the future
development of the property, the property owners have submitted a concurrent petition to rezone
the property. Until this Future Land Use Amendment is adopted, the subject property retains its
Seminole County future land use designation of HIP -TI, High Intensity Planned Development
Target Industry. The applicant has also applied for a PD, Planned Development rezone to amend
The Tuscany Village (commercial) PD to facilitate the future development of a mixed-use, multi-
family project consistent with the proposed WIC future land use designation.
It should be noted that on July 26, 2022, the Seminole County Board of County Commissioners
voted to approve a request to vacate a portion of Elder Road which equates an additional 0.48 acres
of land being added to the subject property. The 7.07 acres includes this acreage.
Per the State's Growth Policy Act (Chapter 163 F.S.), any plan amendment shall discourage the
proliferation of urban sprawl. In order to determine that a plan amendment does not constitute
urban sprawl, the amendment must be analyzed as to whether it incorporates a development pattern
or urban form that achieves four or more of the following eight criteria:
I . Directs growth and development to areas of the community in a manner that does not adversely
impact natural resources;
2. Promotes the efficient and cost effective provision or extension of public infrastructure and
services;
3. Promotes walkable and connected communities and provides for compact development and a
mix of uses at densities and intensities that support a range of housing choices and a multimodal
transportation system;
4. Promotes conservation of water and energy;
5. Preserves agricultural areas and activities;
6. Preserves open space and natural lands and provides for public open space and recreation
needs;
7. Creates a balance of land uses based on demands of residential population for the
nonresidential needs of an area; and,
8. Provides uses, densities and intensities of use and urban form that would remediate an existing
or planned sprawl development pattern or provides for an innovative development pattern such
as transit oriented development or new towns.
The proposed amendment has been analyzed and found to promote the following criteria: 1, 2, 3,
4, and 8.
• Criteria I — The subject site is not located within a well field protection zone or aquifer
recharge area.
• Criteria 2 — The amendment to the Tuscany Village PD includes ten parcels and part of
Elder Road and is surrounded by Sewell Road on the west side, State Road 46 on the north
side, commercial developments on the east, and apartments and townhomes to the south.
The proposed development is compact and requires no extension of public infrastructure
beyond utilities.
• Criteria 3 — The proposed amendment promotes walkable and connected communities and
provides for compact development with Lynx bus stops in front. The development as
proposed would likely provide more ridership of Lynx and SunRail further supporting the
multimodal transportation systems.
• Criteria 4 — Irrigation on the subject site would be provided by the City of Sanford reclaim
service.
• Criteria 8 — The proposed development provides uses, densities, intensities and urban form
that avoids urban sprawl by providing higher density development with complementary
neighborhood retail.
Joint Planning Agreement
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 request to amend the future land use map designation for the 7.07 acres from HIP -
TI (County) to WIC (City) for the purpose of a future mixed-use, multi -family and commercial
development.
Per Exhibit D, JPA the subject property is within sub -area 8 of the JPA. Per Exhibit C of the JPA
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, 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.
The proposed development of a mixed-use, multi -family development is consistent with the
Seminole County / Sanford Joint Planning agreement. The project provides a higher density
residential development within approximately 1.60 miles of SunRail as well as a Lynx public
transit bus stop immediately in front of the project site.
The applicant has provided a justification statement for the FLU Amendment. The justification is
attached to this report. Staff has outlined additional Goals, Objectives and Policies (GOP's) that
are also compatible with the proposed amendment:
Objective FLU 1.1: Implement the Future Land Use Map Series. The City shall adopt and
implement the Future Use Map (FLUM) series in the Future Land Use Element goals of the
Comprehensive. The maximum density and Floor Area Ratio for the WIC, Westside Industry and
Commerce future land use is as follows:
The proposed Tuscany Village (mixed-use) PD consists of seven (7) four-story apartment buildings
at a density of 20 units per acre over twenty-one 21 acres of the project site. This leaves 0.17 acres
of developable area on the commercial out parcels. Based on the maximum development potential,
this would leave approximately 3,702 square feet of retail commercial, and professional office
uses to be distributed over the two commercial out parcels. In the event that more commercial
acreage is added to the project site in the future, the 3,702 square feet may be increased.
OBJECTIVE FLU 1.12: 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 CSX Main Rail Line also provides a transportation amenity of regional significance.
The proposed amendment is consistent with Objective FL U 1.12 as it will support the development
of a uses high density residential project with neighborhood commercial uses fronting on State
Road 46.
Objective FLU 1.15 Prevent Proliferation of Urban Sprawl and Develop Efficient Systems
for Coordinating the Timing and Staging of Public and Private Development. The City shall
continue to enforce adopted LDRs which require that proposed land uses be adequately served by
management, solid waste disposal and hazardous waste management. The subdivision and site
plan review processes shall provide a unified system for coordinating the efficient location, timing,
phasing, and scale of public and private development. For example, in order to abate urban sprawl
and maximize use of existing infrastructure all new development shall be required to hook up to
the existing central water and wastewater system.
The development of the subject property will be subject to the City's Concurrency Management
System and Land Development Regulations.
Staff has found the request to be consistent with the Comprehensive Plan and Florida Statutes
Chapter 163. Staff recommends approval of the requested Future Land Use Amendment.
DENSITY/INTENSITY (MIN/MAX)* u�
LAND USE DESIGNATIONS
MAP
SYMBOL
PERCENTAGE DISTRIBUTION (MIN/MAS
COMMERCIAL
INDUSTRIAL
RESIDENTIAL
0.50 FAR
0.50 FAR
10 / 20 du/acre
Westside Industry &
Commerce
WIC
15%/50%
30%/75%
10%/40%
The proposed Tuscany Village (mixed-use) PD consists of seven (7) four-story apartment buildings
at a density of 20 units per acre over twenty-one 21 acres of the project site. This leaves 0.17 acres
of developable area on the commercial out parcels. Based on the maximum development potential,
this would leave approximately 3,702 square feet of retail commercial, and professional office
uses to be distributed over the two commercial out parcels. In the event that more commercial
acreage is added to the project site in the future, the 3,702 square feet may be increased.
OBJECTIVE FLU 1.12: 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 CSX Main Rail Line also provides a transportation amenity of regional significance.
The proposed amendment is consistent with Objective FL U 1.12 as it will support the development
of a uses high density residential project with neighborhood commercial uses fronting on State
Road 46.
Objective FLU 1.15 Prevent Proliferation of Urban Sprawl and Develop Efficient Systems
for Coordinating the Timing and Staging of Public and Private Development. The City shall
continue to enforce adopted LDRs which require that proposed land uses be adequately served by
management, solid waste disposal and hazardous waste management. The subdivision and site
plan review processes shall provide a unified system for coordinating the efficient location, timing,
phasing, and scale of public and private development. For example, in order to abate urban sprawl
and maximize use of existing infrastructure all new development shall be required to hook up to
the existing central water and wastewater system.
The development of the subject property will be subject to the City's Concurrency Management
System and Land Development Regulations.
Staff has found the request to be consistent with the Comprehensive Plan and Florida Statutes
Chapter 163. Staff recommends approval of the requested Future Land Use Amendment.
LEGAL REVIEW:
This matter is not a quasi-judicial matter as amendments to local government comprehensive plans
are legislative in nature. That being said, if a proposal to amend the City's Comprehensive Plan is
to be recommended for denial, it would be appropriate to state the particular reason for such a
recommendation to be considered by the City Commission - such as the proposal is internally
inconsistent with a goals, objectives or policies of the Comprehensive Plan or inconsistent with
controlling State law or the like. When lands are subject to the provisions of the City/County JPA;
the City is bound to adhere to the provisions of the JPA. Also, Section 171.062, Florida Statutes,
pertaining to the effects of annexations or contractions, anticipates that cities will expeditiously
incorporate annexed properties into their comprehensive plans and land development regulations
upon being located within the city limits of the annexing municipality.
The City Commission continued the first reading of Ordinance No. 4709 to September 12, 2022.
The City Commission approved the first reading of Ordinance No. 4709 on September 26, 2022.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on September 14,
2022.
RECOMMENDATION:
It is staff's recommendation to adopt Ordinance No. 4709.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4709."
Attachments:
1) Project Information Sheet
2) Site Aerial Map
3) Future Land Use Amendment Map
4) Citizen Awareness and Participation Report
5) Affidavit of Ownership
6) Ordinance No. 4709