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4722 Rezone 1.45 acres - 4040 East State Road 46Ordinance No. 2023-4722 An ordinance of the City of Sanford, Florida providing for the rezoning of a parcel 1.45 acres in size the subject property being located at 4040 East State Road 46 within the City Limits (maps relating to the property are attached) (Tax Parcel Identification Number 33-19-31- 300-1350-0000) from the Seminole County A-1, Agriculture, zoning district/classification to the City GC - 2, General Commercial, zoning district/classification; providing for the taking of implementing administrative actions; providing for the adoption of a map by reference; repealing all conflicting ordinances; providing for severability; providing for non -codification and providing for an effective date. Whereas, Lamar T. Corley and Anna K. Corley of the City of Sanford are the owners of certain real property which land consists of a parcel of land 1.45 acres in size (the "subject property"); and Whereas the applicant/representative of the property owners is Brandon Waldrum of CEI Engineering who applied to rezone the subject property from the Seminole County A-1, Agriculture, zoning district/classification to the City GC -2, General Commercial, zoning district/classification; and Whereas, the subject property is located at 4040 East State Road 46 and is assigned Tax Parcel Identification Number 33-19-31-300-1350-0000 by the Property Appraiser of Seminole County; and Whereas, the 1.45 acres site is located on the north side of East State Road 46 approximately 560 feet west of its intersection with East Lake Mary Boulevard; and Whereas, on June 27, 2022, the City Commission enacted Ordinance Number 22-4700 annexing the property into the City Limits of the City; and Whereas, an associated Ordinance is being processed to change the land a:, , e use designation assigned to the subject property from Seminole County COM, Commercial, land use designation under the Seminole County Comprehensive Plan to the City GC, General Commercial under the City of Sanford Comprehensive Plan; and Whereas, in accordance with Exhibit "B" of the 2015 City of Sanford/Seminole County Joint Planning Agreement (JPA), .the County's COM, Commercial, land use designation is equivalent to the City's GC, General Commercial, land use designation in this specific segment of East State Road 46 meaning that the land use designations are deemed equivalent due to their similar intensities and densities of allowable development with the JPA also containing other policies with regard to future development in areas located within specific planning areas; and Whereas, under the provisions of Exhibit "D" of the JPA the subject property is located within Sub -Area 2 of the JPA with Exhibit "C" of the JPA stating that it is the intent of Sub -Area 2 of the JPA is to provide a commercial node to serve the eastern portion of the City; and Whereas, the rezoning action set forth in this Ordinance is consistent with the provisions and requirements of the JPA; and Whereas, a Citizen Awareness and Participation Plan (CAPP) meeting was held on September 21, 2022 and the meeting and report issuing therefrom are acceptable to the City; and Whereas, the City of Sanford's Planning and Zoning Commission, as the City's local planning agency, held a public hearing on December 1, 2022 to consider the rezoning of real property from the County A-1, Agriculture, zoning district/classification to the City GC -2, General Commercial, zoning district/classification; and 21 P as Whereas, the City's Planning and Development Services Department has conducted a thorough review and analysis of the demands upon public facilities and general planning and land development issues should the subject rezoning application be approved and has otherwise reviewed and evaluated the application to determine whether is comports with sound and generally accepted land use planning practices and principles as well as whether the application is consistent with the goals, objectives and policies set forth in the City's Comprehensive Plan; and Whereas, professional City planning staff, the City's Planning and Zoning Commission and the City Commission have determined that the proposed the rezoning of the subject property as set forth in this Ordinance is consistent with the Comprehensive Plan of the City of Sanford, the land development regulations of the City of Sanford, and the controlling provisions of State law and the proposed development of the subject property will help to mitigate the effects of any urban sprawl that has already occurred by providing opportunity for desired in an area that currently has minimal commercial developments along State Road 46; and Whereas, the City Commission of the City of Sanford, Florida has taken, as implemented by City staff, all actions relating to the rezoning action set forth herein in accordance with the requirements and procedures mandated by State law and all prior land use actions of the City are hereby ratified and affirmed. Now, therefore, be in enacted by the People of the City of Sanford, Florida: Section 1. Legislative Findings and Intent. (a). The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the City staff report and City Commission agenda memorandum relating to the application relating to the proposed rezoning of the subject property as well as the recitals (whereas clauses) to this Ordinance. (b). The City has not waived any rights or remedies by taken the action set forth herein or by approving any successive development orders and reserves any and all rights and remedies available to the City under controlling law including, but not limited to, the protections under the laws pertaining to sovereign immunity. (c). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. Section 2. Rezoning of Real Property/Implementing Actions. (a). Upon enactment of this Ordinance the following described property, as depicted in the map attached to this Ordinance, the said 1.45 acres parcel, shall be rezoned from the County A-1, Agriculture, zoning district/classification to the City GC -2, General Commercial, zoning district/classification: Tax Identification Parcel Number Owners 33-19-31-300-1350-0000 Lamar T. Corley and Anna K. Corley (b). The City Manager, or designee, is hereby authorized to execute any and all documents necessary to formalize approval of the rezoning action taken herein and to revise and amend the Official Zoning Map or Maps of the City of Sanford as may be appropriate to accomplish the action taken in this Ordinance. (c). Conditions of development relating to the subject property may be incorporated into the subsequent pertinent development orders and development permits and such development orders and development permits may be subject to public hearing requirements in accordance with the provisions of controlling law. 41�> ca 4< Section 3. Incorporation of Map. The map attached to this Ordinance is hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance. Section 4. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. Section 5. Severability. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. Section 6. Non -codification. This Ordinance shall not be codified in the City Code of the City of Sanford or the Land Development Code of the City of Sanford; provided, however, that the actions taken herein shall be depicted on the zoning maps of the City of Sanford by the City Manager, or designee. Section 7. Effective Date (a). This Ordinance shall take effect immediately upon enactment subject to the provisions of Subsection (b). (b). This Ordinance shall not take effect until any ordinance relating to any associated amendment to the City's Comprehensive Plan is final. Passed and adopted this 231d day of January, 2023. 51Pal Attest: City Commission of the City of Sanford, Florida /! IV '!_,,� Traci Houchin, MMC, FCRM °, oodr ff City Clerk Mayor Approved as to form and legality: , ,Kam C. Colbert, Esquiirev ' Attorney 7 6 1 P a a e CITY OF SkNFORD FLORIDA CITY COMMISSION MEMORANDUM 23- 014 JANUARY 23, 2023 AGENDA W S _ RM X Item No. 7. To: Honorable Mayor and Members of the City C -o ission PREPARED BY: Eileen Hinson, AICP, Director�f-P n in SUBMITTED BY: Norton N. Bonaparte, Jr.,JCMA-CM, Cit anager SUBJECT: Rezone 1.45 acres from A-1, Agricult to GC -2, General Commercial at project address 4040 East State Ro 46 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 1.45 acres from A-1, Agriculture to GC -2, General Commercial at project address 4040 East State Road 46 has been received. The property owners are Lamar and Anna Corley. The applicant is Brandon Waldrum of CEI Engineering. A CAPP (Citizens Awareness and Participation Plan) meeting was held on September 21, 2022 and a copy of the report is attached, which is satisfactory to the City. The Affidavit of Ownership and Designation of Agent forms are attached and other information is available in order to ensure that all potential conflicts of interests are capable of being discerned. FISCAL/STAFFING STATEMENT: According to the Property Appraiser's records, the property is undeveloped and being assessed as vacant commercial with the assessed tax values and total tax bills for 2022 shown below: Parcel Number Assessed Value Tax Bill (2022) Property Status (2022) 33-19-31-300-1350- $309,060 $4,143 Vacant Commercial 0000 It is the applicant's intent to develop the property for commercial use. The proposed development will facilitate new non-residential construction and generate additional tax revenue to the City. No additional staffing is anticipated if the rezone is approved. BACKGROUND: The 1.45 acre proposed project is currently located in Unincorporated Seminole County, on the north side of East State Road 46, approximately 560 feet west of its intersection with East Lake Mary Boulevard. The subject property is currently zoned A-1, Agriculture (Seminole County) with a Future Land Use of COM, Commercial (Seminole County). On June 27th, 2022, the Sanford City Commission adopted Ordinance No. 2022-4700, annexing the subject property into the City of Sanford in order to obtain City Services and to develop a future commercial project. Currently, the subject property retains its Seminole County Zoning, pending approval of a rezone to incorporate the property into the City's Zoning Map layer. The applicant has applied to rezone the subject property from A-1, Agriculture (Seminole County) to GC -2, General Commercial (City of Sanford). In addition, the applicant has submitted a Future Land Use amendment, to incorporate the subject property into the City of Sanford's Comprehensive Plan. It is the applicant's intent to establish a car wash facility. Within the GC -2, zoning classification car wash facility is permitted by Conditional Use only. The applicant has submitted a request for a Conditional Use which, will be heard as a separate item. On December 01, 2022, the Planning and Zoning Commission recommended the City Commission adopt an ordinance to rezone 1.45acres from A-1, Agriculture to GC -2, General Commercial at project address 4040 East State Road 46. Comprehensive Plan Staff has outlined relevant Goals, Objectives and Policies (GOP's) that support the proposed zoning amendment: Policy FLU 1.3.6: Designate General Commercial Development (GC). The General Commercial (GC) areas are designated on the Future Land Use Map for purposes of accommodating community -oriented retail sales and services; highway -oriented sales and services; and other general commercial activities. Multifamily residential is encouraged as a secondary use to foster sustainable, mixed-use developments that reduce vehicle miles traveled and support a walkable community. The General Commercial designation generally shall be located in highly accessible areas adjacent to major thoroughfares which possess necessary location, site, and market requirements. The maximum intensity of General Commercial development measured as a floor area ratio is 0.50. All new development within General Commercial designated areas shall be required to comply with performance criteria. The General Commercial area is not generally intended to accommodate manufacturing, processing, or assembly of goods, sales and service of heavy commercial vehicle and equipment, or related services or maintenance activities; warehousing; uses requiring extensive outside storage; or other activities which may generate nuisance impacts, including glare, smoke or other air pollutants, noise, vibration or major fire hazards, or other impacts generally associated with more intensive industrial uses. Policy FLU 1.3.1: Consider Factors for Locating Commercial Development. The location and distribution of specific types of commercial activities shall be determined based on the following considerations: a. Trip generation characteristics, impact on existing and planned transportation facilities and ability to achieve a functional internal circulation and off-street parking system, with appropriate buffering, as required by the LDRs; b. Location and site requirements based on specific needs of respective commercial activities, their market area, and anticipated employment generation and floor area requirements; c. Compatibility with and impact on other surrounding commercial activities; d. Relationship to surrounding land uses and natural systems; and e. Impact on existing and planned community services and utilities. The mix of land uses permitted within the GC -2, General Commercial are consistent with the land use designation and with the performance criteria detailed in Policy FL U 1.3.1. Additionally, any future development of the subject property will be subject to the City's Concurrency Management System and Land Development Regulations. 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 proposed development of the subject property will help to mitigate the effects of any urban sprawl that has already occurred by providing opportunity for services such as retail, office, daycares, and hotels in an area that currently has minimal commercial developments along State Road 46. Joint Planning Agreement Per Exhibit B of the 2015 City of Sanford/Seminole County Joint Planning Agreement (JPA), the A-1, Agriculture (Seminole County Zoning) is compatible to the AG, Agriculture (City of Sanford Zoning). Exhibit B describes equivalent future land use and zoning designations in the City and the County Comprehensive Plans and Zoning Maps. As part of the conversion, the applicant is seeking the zoning compatible with the GC, General Commercial (City of Sanford Land Use Designation) currently being sought in the corresponding land use amendment. 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 1.45 acres from COM, Commercial (County) to GC, General Commercial (City) and a request to amend the zoning from A-1, Agriculture to GC -2, General Commercial for the purpose of to establishing a car wash facility. Per Exhibit D, JPA the subject property is within Sub -Area 2 of the JPA. Per Exhibit C of the JPA the following excerpts apply to this zoning change. It is the intent of Sub -Area 2 of the JPA is to provide a commercial node to serve the eastern portion of the City of Sanford. In Sub -Area 2 of the JPA, the proposed densities exceeding those established in the Seminole County Comprehensive Plan shall require a future land use amendment in full compliance with the Plan Amendment Standards of Review as provided in the Future Land Use Element. By consensus of the County and City, Planning -Area 2 has been reconfigured and designated by the County as the Riverbend Planning Area and is presumed to be more urban in character than surrounding properties. Accordingly, new residential development in this area may be considered for a maximum of 10 dwelling units per net buildable acre from State Road 46 north to a line parallel to Hughey Street, and four dwelling units per net buildable acre from said line parallel to Hughey Street north to Celery Avenue. Nonresidential development shall be consistent with maximum floor area ratios established through applicable future land use designations. Individual development applications shall be evaluated on their own merits through the appropriate processes; no specific entitlements shall be conferred through this Agreement. The proposed land use amendment and commercial development are consistent with the Seminole County /Sanford Joint Planning Agreement. The proposed project is supportive of the surrounding residential developments as well as the rental car establishments located at the Sanford Airport. East Lake Mary Boulevard Small Area Study Per the recently adopted East Lake Mary Boulevard Small Area Study, which was developed in partnership with Orlando Sanford International Airport OSIA and Seminole County, the subject sites are in an area identified as the Crossroads Commercial Corridor. This district provides a commercial node that serves the eastern part of Sanford, as well as regional traffic on both State Road 46 and East Lake Mary Boulevard. The district further identifies the following preferred uses: Arterial Commercial, General Commercial, and specialty commercial (airport supportive). The proposed Rezone will facilitate the development of commercial activities (as proposed, a car wash facility if approved as a conditional use) which could be utilized by residents, business and visitors. Florida Statutes 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 criteria. 1. 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, 7, and 8 Criteria I – The subject site is not located within a well field protection zone or aquifer recharge area. Criteria 2 – The subject site will be served by locally available utility services and other existing public infrastructure. Criteria 3 – The proposed development provides for development and a mix of possible commercial uses at intensities that are supported by a range of housing choices within the East Lake Mary corridor. Criteria 7 - The commercial possibilities add supportive uses to the existing residential population on the east side of the city which lack convenient access to goods, services, and entertainment; and, Criteria 8 – The project proposes additional commercial service and provides for connectivity and easy access to those services adjacent to major thoroughfares. This allows services to be available in a compact area with easy access from East Lake Mary Boulevard and State Road 46. Upon review of the request, staff has determined that the proposed rezone is compatible with the surrounding uses and consistent with the goals, objectives and policies of the Comprehensive Plan, JPA, and East Lake Mary Small Area Study. The subject site provides an opportunity for much needed commercial development in the area. The proposed commercial uses will increase revenue to the City of Sanford LEGAL REVIEW: The City Attorney may or may not have reviewed the staff report and the specific analysis provided by City staff, but has noted the following that should be adhered to in all quasi-judicial decisions. Section 166.033, Florida Statutes, as amended in the 2022 Legislative Session, in Chapter 2021- 224, Laws of Florida (deriving from Committee Substitute for Committee Substitute for House Bill Number 1059) provides as follows (please note emphasized text): "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. The timeframes contained in this subsection do not apply in an area of critical state concern, as designated in s. 380.0552 or chapter 28-36, Florida Administrative Code. (2)(a) When reviewing an application for a development permit or development order that is certified by a professional listed in s. 403.0877, a municipality may not request additional information from the applicant more than three times, unless the applicant waives the limitation in writing. (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 snakes 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 leLyal 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 processinlZ or issuinLy 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." The above -referenced definition of the term "development permit" is as follows: "(16) 'Development permit' includes any building pennit, 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 term "development order" is defined as follows and, as can be seen, refers to the "granting, denying, or granting with conditions [ofl an application": "(15) `Development order' means any order granting, denying, or granting with conditions an application for a development pen -nit." (Section 163.3164(15), Florida Statutes). Thus, if this application is denied, a denial development order must be issued which must cite to the applicable portions of each ordinance, rule, statute or other legal authority supporting the denial of the application. For example, if a goal, objective or policy of the Sanford Comprehensive Plan were to be the basis for a denial, then such goal, objective or policy must be part of the motion proposing the denial. A denial development order would be drafted to implement the actions of the City Commission in the event of such occurrence. Accordingly, any motion to deny must state, with particularity, the basis for the proposed denial. The 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 matters. When voting on matters such as whether to recommend approval of an amendment to the City's Comprehensive Plan or the enactment of, or amendment to, a land development regulation, those matters are legislative in nature and not quasi-judicial matters. The City Commission approved Ordinance No. 4722 on the first reading on January 9, 2023. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on January 11, 2023. RECOMMENDATION: On December 1, 2022, the Planning and Zoning Commission concurred with Staff's recommendation, and recommended the City Commission adopt Ordinance No. 4722, to rezone 1.45 acres from A-1, Agriculture to GC -2, General Commercial at project address 4040 East State Road 46. Additional comments or recommendations may be presented by staff at the meeting. It is staff's recommendation the City Commission adopt Ordinance No. 4722. SUGGESTED MOTION: "I move to adopt Ordinance No. 4722." Attachments: Project Information Sheet Zoning Map Site Aerial Map Affidavit of Ownership Rezoning Justification CAPP Package Ordinance No. 4722 PROJECT INFORMATION -- 4040 FAST STATE ROAD 46 y_ REZONE Requested Action: Rezone from A-1, Agriculture (Seminole County) to GC -2, General Commercial (City of Sanford) for 1.45 acres at 4040 East State Road. Proposed Use: Car Wash Project Address: 4040 East State Road 46 Current County Zoning: A-1, Agriculture Proposed Zoning: GC -2, General Commercial Existing Land Use: Vacant Commercial Tax Parcel Numbers: 33-19-31-300-1350-0000 Site Area: 1.45 acres Property Owners: Lamar Corley Anna Karen Corley 24011 NE 126th Street 2450 Sanford Avenue Fort McCoy, FL 32134 Sanford, FL 32771 Applicant/Agent: Brandon Waldrum Phone: (972) 488-3737 CEI Engineering Email: Bwaldrum@ceieng.com 3030 Lyndon B Johnson Freeway Dallas, TX 75234 CAPP Meeting: A CAPP meeting was held on September 21, 2022. A copy of the report is attached. Zoning Future Land Use Current Use North M-1, Medium Industrial IND, Industrial (County) Warehouse (County) South MI -2, Medium Industrial AIC, Airport Industry and Commerce Auto Auction East C-2, Retail Commercial COM, Commercial (County) Grazing Land (County) West C-3, Heavy Commercial IND, Industrial (County) Vacant Commercial (County) COMPREHENSIVE PLAN COMPLIANCE REVIEW Planning staff has reviewed the request and has determined the use and proposed improvements to be consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Current Future Land Use COM, Commercial (County) Proposed Future Land Use GC, General Commercial (City) VW W10 r u on OL 7-711 _ _ = IA =KMG GLASS PLACE - TT' STE LMIGjr ME �. i"a r .sUoNEEAG_t:E�PUVCE�s� .» AWOL R. BJYr��Y �I�JWEI�I �',t$ci Lc AMP KRUGEK IR 71 �r .}O"PIPEJDOWN ; «iCIONDACE PLACE !' _�•sv SITES I Lw owl :;4-, a�l Site 100 North Entrance Road �;?, ,� f . ,� ,.. , �,✓ 29-19-30-300-011D-0000 ' CITY GF ��9 CTNT i YRI) AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT F LO IDA wwwsartfordfl.gov Please use additional sheets as needed_ If any additional sheets are attached to this document, please sign here and note below: I. Owners%ilp I, `� `,\ V\.(— V­6�,� �r hereby attest to ownership of the property described below: Tax Parcel Number(s): Address of Property: for which this La4A& USle,A application is submitted to the City of Sanford. H. 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): Brandon Waldrum Signature: Agent Address: 3030 Lyndon B. Johnson Fwy. Dallas, TX 75234 Email: Bwaldrum@ceieng.com Phone: 972"488-3737 Fax: III. 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 Applicant's Agent to be limited in any manner, please indicate the limitations(s) below. (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc.) The owner of the real property associated with this application or procurement activity Is a (check one) individual ❑ Corporation n Land Trust ❑ Partnership ❑ 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. 1 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: `7,1 P S 1. Aiz--- WAS4 Date of Contract: 4 NAME TITLE/OFFICE/TRUSTEE OR BENEFICIARY ADDRESS % OF INTEREST I L (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 1 am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures herein. /(1-V Owner, Agent, Applicant Signature STATE OF FLORIDA COUNTY OF 4'2eMi opt Sworn to (or affirmed) and subscribed before me by on this 10 day of 20 • Signature of Notary Public Print, Type o• tfd(��Public Personally K OR Produced Identification t W C OMMSS" g EXPIRES 54-M e of Identification Produced �; o, A, Affidavit of Ownership -January 2015 CtrY c)x r<F SAS TFORD AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT . ,xrin WWW." lardfl.gav Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below: 1. Ownership I, l.-0, -k:�X C_;Cf f eA , hereby attest to ownership of the property described below: Tax Parcel Number(s): {`1 ' ))- 300130co Address of Property: H i3ktc;a�i 44& t' � F ( 32 7-T1 for which this Z - fl.,) _J,) application is submitted to the City of Sanford. 11. Designation of Applicant's Agent (leave blank if not applicable) As the owner/applicant of the above designated property for which this affidavit is submitted, 1 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): Brandon Waldrum Agent Address: 3030 Lyndon B. Johnson Fwy. Dallas, TX 75234 Email: Bwaldrum@ceieng.com lit. Notice to Owner Signature: Phone: 972"488-3737 Fax: 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 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) YIndividual o Corporation o Land Trust c Partnership o Limited Liability Company n 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. Lct4WL( CC -1 Z4f c')I n/E 1,2b-"' 5-1r- r&r M `Ccs C -)t A� r a Ka -(,t -o & r ( z5�4r-' Seen rd Av,e . ` ,,J- Yd,-�=1 -32,771 2. For each corporation, list a 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 iimttea partnerships, iisi the name and adoress of each principal in rhe parmersnip, including generai 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, Z � l,..G r UA15k 1) L Date of Contract: 06 ('—�o ) aU' j, NAME TITLE/OFFICE/TRUSTEE OR BENEFICIARY ADDRESS % OF INTEREST 5-0i .. s� { 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. ts. i affirm that the above representations are true and are based upon my personsi knowiedge and beiief after aii 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. 1 certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures herein. Date Y1, STATE OF FLORIDA COUNTY OF MQ it- G � Cwnrn it (nr gffirrneri) anti abscribed before me by on this ' day of 41X,144 S , 20 �L- bf1N Signature ry ublic Personally Known O roduced tdentificatton Type of Identification Produced Tr1U1 o3 kic: Affidavit of Ownership - January 2015 net, Ay Zture Iia"+rte'•. FATS"JOANWKE -SON Notary Pudic • State o' Florida `` Commissior r GG 9373rs7 cr My Comm. Expires Mar 2i1, 242, Bonded through National Notary Assn. CITS�y T -./111C /<-e LS0N Print, Type or Stamp Name of Notary Public CEI Solutions for Land and Life September 22, 2022 City of Sanford 300 N. Park Avenue Sanford, FL 32771 407.688.5000 Re: Proposed ZIPS Car Wash - Rezoning Request E. Lake Mary Blvd & FL -46 Sanford, FL 32771 Parcel No. 33193130013500000 Dear City Staff: Civil Engineering, Landscape Architecture, Survey, Planning & Program Management 3030 LBJ Freeway, Suite 100 Dallas, TX 75234 Office: 972.488.3737 Toll-free: 1.877.488.3737 ceieng.com CEI Engineering Associates, Inc., on behalf of ZIPS Car Wash, LLC, is reaching out to respectfully submit for your review of our request to rezone the existing parcel located at the above referenced location. The project scope consists of a proposed 3,786 sq. ft. car wash building with a 100 ft. wash bay tunnel and office/storage building spaces. The proposed development will include three (3) queueing lanes, nineteen (19) self -vacuum parking spaces, three (3) employee parking spaces, and driveway access from FL -46. Additionally, construction will include newly proposed utilities, landscaping, lighting and paving. Recently, the property was annexed into the City of Sanford, and will require a rezone application to establish the property's zoning. Based on discussions with staff, we would like to request that the current property be rezoned under the GC2 zoning classification. The GC2 zoning district requires the approval of a conditional use permit for the car wash land use. As a part of the permitting process with the City of Sanford, we will be applying for a Conditional Use Permit separately. If there are any questions or concerns, please contact me direct at (972) 388-4747 or Bwaldrum(j�ceienq.com. Respectfully Submitted, Brandon Waldrum, P.E. Project Manager bwaldrum(o-�ceienq.com CEI Engineering Associates, Inc FL Firm: 6428 FQ CEI Solutions for Land and Life September 22, 2022 Citizen Awareness and Participation Plan (CAPP) Zips Car Wash — New Construction/Rezone/Conditional Use E. Lake Mary Blvd & FL -46 Sanford, FL 32771 Parcel No. 33193130013500000 1. Overview Civil Engineering, Landscape Architecture, Survey, Planning & Program Management 3030 LBJ Freeway, Suite 100 Dallas, TX 75234 Office: 972.488.3737 Toll-free: 1.877.488.3737 ceieng.com A neighborhood meeting for the development of a new car wash located near the intersection of E. Lake Mary Blvd & FL -46 Sanford, Florida (Parcel #33193130013500000) took place on Wednesday, September 2155, 2022, at the Seminole Conference Room — Holiday Inn Express Hotel (4750 FL -46 Sanford, FL 32771). The meeting was required as part of the Citizen Awareness and Participation Plan (CAPP) submitted in conjunction with Car Wash Conditional Use application request. 2. List of Meeting Invitees A list of affected parties that were notified of the proposed project and invited to attend the Neighborhood Meeting has been provided in Appendix A. Meeting notices were mailed prior to the meeting to all property owners within 500 ft. of the subject property, relevant parties with investment, as well as to the City of Sanford. 3. Meeting Notice A copy of the meeting notice has been provided in Appendix B. 4. Date and Location of Neighborhood Meeting Wednesday September 215', 2022, from 10:00am — 12:00 Noon Holiday Inn Express Hotel — 4750 FL -46 Sanford, FL 32771 5. Meeting Attendance Zero (0) members of the public attended the meeting, not including the Applicant. The Applicant did not receive any additional phones calls or emails regarding this proposal. 6. Summary of Concerns The applicant did not receive any phone calls and emails with concerns or questions on the proposed project and conditional use request. Respectfully Submitted, Brandon Waldrum, P.E. Project Manager bwaldrum(@ceienq corn CEI Engineering Associates, Inc FL Firm: 6428 APPENDIX A Miten Patel Civil Engineering, Landscape Architecture, - Survey, Planning & Program Management CEI 3030 LBJ Freeway, Suite 100 300 N Park Ave Dallas, TX 75234 Solutions for Office: 972.488.3737 Land and Life 7.488.3737 Toll-free: 1.87ceieng.com Chris Ezell 33-19-31-300-1350-0000 APPENDIX A Miten Patel Ironside Realty R. Hunter Humphreys, Jr. City of Sanford Planning Division Laith Hermiz Hix Snedecker Companies 300 N Park Ave 3102 West Emd Ave. Ste 400 PO Box 130 Sanford FL 32771 Nashville TN 37203 Daphne Alabama 36526 Chris Ezell 33-19-31-300-1350-0000 34-19-31-300-003A-0000 Zips Carwash Lamar T & Anna K Corley Takvorian Properties LLC 8400 Belleview Dr, Ste 210 2540 Sanford Ave 26 Bridge St Plano TX 75024 Sanford FL 32773 Hackensack NJ 07601 33-19-31-300-003C-0000 03-20-31-300-003C-0000 34-19-31-300-003B-0000 Takvorian Properties LLC Racetrac Petroleum Inc Neucon LLC 26 Bridge St 200 Galleria Pkwy SE, Ste 900 1307 W Morehead St., Ste 208 Hackensack NJ 07601 Atlanta GA 30339 Charlotte NC 28208 33-19-31-300-1340-0000 03-20-31-300-1340-0000 33-19-31-300-129B-0000 Galileo School Foundation INC SMEK Properties LLC Galileo School F oundation Inc 4000 SR 46 119 Commerce Way, Ste B 3900 SR 46 Sanford FL 32771 Sanford FL 32771 Sanford FL 32771 33-19-31-300-1360-0000 04-21-31-300-0010-0000 Brockman Site Dev LLC Automative Recovery Services Inc 4000 Pipe Down CV Co Insurance Auto Auction Inc Attn: Real Estate Sanford FL 32771 Dept Westbrook Corporate CTR Ste 500 Westchester IL 60154 j Re: Proposed Carwash Conditional Use / New Construction E. Lake Mary Blvd & FL -46 Sanford, FL 32771 Parcel No. 33193130013500000 Dear Current Property Owner: We invite you to a neighborhood meeting to review and discuss the proposed Car Wash Conditional Use and New Construction for the property located at East Lake Mary Boulevard and FL -46 (City Parcel No. 33193130013500000). The proposed use includes conditional use and rezoning for a newly constructed car wash facility with multiple payment kiosk lanes for queueing. The development will also include providing vacuum services for patrons. The neighborhood meeting will provide the local community with a venue to discuss the proposed use and improvements to the property, to provide support for the proposal, or voice any concerns there may be with the plan. All are welcome to attend. The meeting will be held at the following: Location: Holiday Inn - Conference Room Address: 4750 FL -46 Sanford, FL 32771 Date: Wednesday, September 21, 2022 Time: 10 AM to 12 PM A preliminary conceptual site plan has been provided with this notice and a full sized copy of the site plan submitted to the city will be available for review at the neighborhood meeting. If you are unable to attend but still have questions or comments to provide, please feel free to email Project Manager, Brandon Waldrum, at bwaldrum(a)ceieng.com. Respectfully, �� vV Brandon Waldrum, P.E. Project Manager CEI Engineering Associates, Inc FL Firm: 6428 �-7 I,Ll Civil Engineering, Landscape Architecture, Survey, Planning & Program Management 3030 LBJ Freeway, Suite 100 Dallas, TX 75234 3WE(Idons ;(x' Office: 972.488.3737 1i176"3lJ on d a ife Toll-free: 1.877.488.3737 ceieng.com APPENDIX B September 01, 2022 Re: Proposed Carwash Conditional Use / New Construction E. Lake Mary Blvd & FL -46 Sanford, FL 32771 Parcel No. 33193130013500000 Dear Current Property Owner: We invite you to a neighborhood meeting to review and discuss the proposed Car Wash Conditional Use and New Construction for the property located at East Lake Mary Boulevard and FL -46 (City Parcel No. 33193130013500000). The proposed use includes conditional use and rezoning for a newly constructed car wash facility with multiple payment kiosk lanes for queueing. The development will also include providing vacuum services for patrons. The neighborhood meeting will provide the local community with a venue to discuss the proposed use and improvements to the property, to provide support for the proposal, or voice any concerns there may be with the plan. All are welcome to attend. The meeting will be held at the following: Location: Holiday Inn - Conference Room Address: 4750 FL -46 Sanford, FL 32771 Date: Wednesday, September 21, 2022 Time: 10 AM to 12 PM A preliminary conceptual site plan has been provided with this notice and a full sized copy of the site plan submitted to the city will be available for review at the neighborhood meeting. If you are unable to attend but still have questions or comments to provide, please feel free to email Project Manager, Brandon Waldrum, at bwaldrum(a)ceieng.com. Respectfully, �� vV Brandon Waldrum, P.E. Project Manager CEI Engineering Associates, Inc FL Firm: 6428 ANIHG-HOTEL SANFORD-LAKE MARY MEETING LOCATION 4750 FL -46, Sanford, FL 32771 407.638.9303 H[Express.com/SanfordFL .J w I ' .J w