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HomeMy WebLinkAbout4728 PD Rezone 4.22 Acres - 4201 West 1st StreetOrdinance Number 2023-4728 An ordinance of the City of Sanford, Florida relating to a Planned Development (PD) by revising and amending the Tuscany Village PD by modifying land uses and dimensional standards with regard to about 4.22 acres; providing for the rezoning of real property generally addressed and located at 4201 West 1st Street and assigned the following Tax Parcel Identification Numbers: 28-19-30-506-0000-003A, 28-19-30-506-0000-003J, 28-19-30-506-0000-004A, 28-19-30-506-0000-0046, 28-19-30-506-0000-0031, 28-19-30-506-0000-0070, 28-19-30-506-0000-006A, 28-19-30-506-0000-0060, 28-19-30-506-0000-0050, 28-19-30-506-0000-005A, 28-19-30-506-0000-0030, 28-19-30-506-0000-003B, 28-19-30-506-0000-003C, 28-19-30-506-0000-003D, 28-19-30-506-0000-003F, and 28-19-30-506-0000-003G by the Seminole County Property Appraiser which parcels are located within the City Limits (map of the subject property attached); providing for findings and intent, development conditions and the resolution of disputes by the Planning and Zoning Commission; providing for the taking of implementing administrative actions; providing for the adoption of a map and approving of the Revised and Amended Tuscany Village PD Master Plan; providing for conflicts; providing for severability; providing for non -codification and providing for an effective date. Whereas, an application has been submitted proposing to amend the Planned Development (PD) zoning district classification in order to modify land uses and dimensional standards for the Tuscany Village PD relative to property addressed as 4201 West 1st Street which modification involves of approximately 4.22 acres of land adding a commercial component to an ongoing, mixed-use, multi -family and commercial development thereby facilitating favorable new non-residential construction; and Whereas, Brooks Stickler, P.E., of Kimley-Horn and Associates, Inc, located in Orlando made application on behalf of the Property Owners for the PD rezoning action set forth in Ordinance Number 2022-4710 and herein; and Whereas, the following Property Owners are owners of the PD Property which is assigned Tax Parcel Identification Numbers by the Seminole County Property Appraiser are as follows: ; and Parcel 1 - Splash'N' Dash, Inc., An Ohio Corp. (28-19-30-506-0000-003A); Parcel 2 - Splash 'N' Dash, Inc., An Ohio Corp. (28-19-30-506-0000-003J); Parcel 3 - Carter L. & Suzanne M. Rucker (28-19-30-506-0000-004A): Parcel 4 - Splash'N' Dash, Inc., An Ohio Corp. (28-19-30-506-0000-004B); Parcel 5 - Carter Rucker (28-19-30-506-0000-0031); Parcel 6 - MMM Investments LLC (28-19-30-506-0000-0050); Parcel 7 - MMM Investments LLC (28-19-30-506-0000-005A); Parcel 8 - MMM Investments LLC (28-19-30-506-0000-0060); Parcel 9 - MMM Investments LLC (28-19-30-506-0000-006); and Parcel 10 - MMM Investments LLC (28-19-30-506-0000-0070). Whereas, a CAPP (Citizens Awareness and Participation Plan) meeting was held on October 20, 2022 and the CAPP process has been found satisfactory to the City; ETM Whereas, on April 10, 2006 the Sanford City Commission enacted Ordinance Number 3980, rezoning 9.55 acres at the corner of Elder Road and State Road 46 from AG, Agriculture and establishing the Elder Plaza PD, Planned Development; and Whereas, on January 11, 2010 the Sanford City Commission enacted Ordinance Number 4200, rezoning 4.97 acres located at 4201 West First Street from AG, Agriculture, and establishing the Revised and Amended Tuscany Village PD; and Whereas, on August 9, 2010 the Sanford City Commission enacted Ordinance Number 4215, rezoning the 14.52 acres located at 4201 West First Street replacing the previous PD Master Plans and unifying the project standards under the new Tuscany Village PD; and Whereas, on May 9, 2011 the Sanford City Commission enacted Ordinance Number 4237, rezoning the 14.52 acres located at 4201 West First Street modifying the development standards with a revised Master Plan for the Tuscany Village PD; and Whereas, on July 26, 2022, the Board of County Commissioners of Seminole County approved the vacation of a 0.48 acre portion of Elder Road; and Whereas, on May 9, 2011 the Sanford City Commission enacted Ordinance 4710 rezoning 21.17 acres located at 4201 West First Street, modifying the uses and development standards with a Tuscany Village (multi -family) PD, Master Plan; and Whereas, Phase 1 of the Tuscany Village PD, the residential component of the PD accounted for the majority of the entitlements of the total acreage of the Tuscany Village PD, but the approval of this rezoning action will enhance the commercial allocation while reducing the buffer and setback over the 2 commercial existing commercial tracts; and Whereas, the City's Planning and Development Services Department has conducted a thorough review and analysis of the demands upon public facilities and recommended that the subject rezoning application be approved having determined that the proposal is technically sufficient and consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford, the City's Land Development 3 1 P a e Regulations (LDRs), and the controlling provisions of State law; and Whereas, the City of Sanford's Planning and Zoning Commission held a public hearing February 2, 2023, in order to consider application and unanimously recommended approval of the rezoning action for the subject property as requested by the Property Owners; and Whereas, the City Commission has determined that the proposed rezoning of the subject property as set forth in this Ordinance is consistent with the Comprehensive Plan of the City of Sanford, the City's LDRs, and the controlling provisions of State law; and Whereas, the City Commission of the City of Sanford, Florida has taken all actions relating to the Revised and Amended Tuscany Village PD rezoning action set forth herein in accordance with the requirements and procedures mandated by State law. Now, therefore, be in enacted by the People of the City of Sanford, Florida. Section 1. Legislative findings and intent. (a). The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the City staff report and City Commission agenda memorandum relating to the application relating to the proposed rezoning of the subject property as well as the recitals (whereas clauses) to this Ordinance. (b). The approval set forth in this Ordinance is subject to the specific conditions that are set forth subsequently in this Ordinance and the Property Owners have agreed that no requirement herein lacks an essential nexus to a legitimate public purpose and is not roughly proportionate to the impacts of the proposed use that the City seeks to avoid, 4 1 P a g e minimize, or mitigate. (c). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. (d). This Ordinance is consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford. Section 2. Rezoning of real property/implementing actions; the Revised and Amended Tuscany Village PD. (a), Upon enactment of this Ordinance the subject property, as depicted in the map attached to this Ordinance shall be rezoned to the Revised and Amended Tuscany Village PD. (b). The City Manager, or designee, is hereby authorized to execute any documents necessary to formalize approval of the rezoning action taken herein with regard to the Revised and Amended Tuscany Village PD and to revise and amend the Official Zoning Map or Maps of the City of Sanford as may be appropriate to accomplish the action taken in this Ordinance and as set forth herein. (c). The conditions to be incorporated into the pertinent development order relating to the action taken in this Ordinance include the following: (1). Pursuant to Section 4.3.G of the City's LDRs, this rezoning shall expire 3 years from the effective date of this Ordinance if all improvements have not been completed or an extension granted. (2). Unless specifically requested and approved on the PD Master Plan, any required elements missing from or not shown on the Revised and Amended Tuscany Village PD Master Plan or associated PD documents 51Page shall comply with and default to the regulations in the City's LDRs. (3). The PD Property shall be developed generally in accordance with the future land uses and development standards identified on the Revised Tuscany Village PD Master Plan, dated September 12, 2022, unless otherwise specifically set forth in any associated development order. (4). The permitted uses on the commercial outparcels shall be in accordance with uses as defined in Schedule B - Permitted Uses, of the City's LDRs for the GC -2 General Commercial zoning district/classification including the requirement for any additional public hearings or approvals; provided, however, that the following additional uses shall be prohibited and unlawful: vehicle services, vehicle repair, industrial uses, adult entertainment establishments, pawn shops, bars, night clubs, adult arcades, marijuana dispensing/pharmacies, smoke shops, beauty salons/ barber shops, self -storage facilities and any other uses restricted by the City's LDRs. (5). Based on the total acreage of the site and the Phase 1 of the Revised Tuscany Village PD, the commercial development shall be limited to no more than 39,857 square feet of compatible commercial uses without increasing the acreage of the project. (6). A development plan prepared and sealed by a licensed Florida professional engineer meeting the requirements of the LDRs must be submitted and approved prior to any construction on site. (7). All requirements relating to tree mitigation as established in 61PatFe the City's LDRs shall be met prior to development of the site. (8). A comprehensive signage program meeting the standards of the City's LDRs shall be required for the entire development including, but not limited to, the commercial and multiple family residential uses. (9). The Property Owners shall coordinate with LYNX to determine the possible addition of a bus stop shelter and/or the extension of bus or transit services to the site; provided, however, that this condition shall not delay the issuance of a certificate of occupancy. (10). Unless specifically requested and approved on the Revised and Amended Tuscany Village PD Master Plan or an associated deviation request which is approved or the associated PD non -statutory development agreement, all development shall comply with the following: (i). Light source setback for site lighting shall be no less than 75% of the width of the buffers identified on the Revised and Amended Tuscany Village PD Master Plan. (ii). All future commercial development shall comply with Schedule G:of the City's LDRs relating to architectural design standards. (11). If City staff and the Property Owners are unable to agree to the details of this Development Order in any way, the matter will be submitted to the Planning and Zoning Commission or the Historic Preservation Board, whichever is appropriate, for resolution at a public hearing, and the matter will be adjudicated by means of a development order or denial development order relating thereto. 71Pagye (12). In agreeing to the above conditions in the subsequent PD development agreement, the Property Owners will agree that, in accordance with the provisions of Section 70.45, Florida Statutes, pertaining to governmental exactions, the City has not imposed any prohibited exaction. The term "prohibited exaction" is defined by that statute to mean "... any condition imposed by a governmental entity on a property owner's proposed use of real property that lacks an essential nexus to a legitimate public purpose and is not roughly proportionate to the impacts of the proposed use that the governmental entity seeks to avoid, minimize, or mitigate." Section 3. Incorporation of map and Revised and Amended Tuscany Village PD Master Plan for the Revised and Amended Tuscany Village PD. The map attached to this Ordinance is hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance establishing the Revised and Amended Tuscany Village PD. 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 81Page unconstitutional. Section 6. Non -codification; Implementation. (a). This Ordinance shall not be codified in the City Code of the City of Sanford or the City's LDRs; provided, however, that the actions taken herein shall be depicted on the zoning maps of the City of Sanford by the City Manager, or designee. (b). The City Manager, or designee, shall implement the provisions of this Ordinance by means of a non -statutory development agreement which shall be executed by the Property Owners, or their successor(s) in interest within 60 days of the effective date of this Ordinance or the subject property's zoning classification shall revert to an un -zoned property status. (c). The non -statutory development agreement referenced in Subsection (b).of this Section shall be and constitute a development order and shall not create contractual rights of the Property Owners against the City nor contractual obligations of the City to the Property Owners and, to that end, the Property Owners shall have no contractual rights or remedies against the City with regard to any land use action of the City. (d). The City has not waived any rights or remedies by taken the action set forth herein or in the implementing development agreement and any successive development orders and reserves any and all rights and remedies available to the City under controlling law including, but not limited to, the protections under the laws pertaining to sovereign immunity. Section 7. Effective Date. This Ordinance shall take effect upon enactment. 9IPa-_e Attest: Passed and adopted this 13th day of March, 2023. 4Y L , !ti him City Commission Sanford„ Florida Traci Houchin, MMC, FCRM,0'-- \ '` AriV'lc City Clerk E � Mayor Approved as to form and legal sufficiency, William L. Colbert, City Attorney of the I City of 101Page n(1 IT fill! -fill ��$ E ;3k3 2s€ gill Igo am,•�nr-a•+, gill'AMIA."19HU a* " PITMlilnimmnj 11Ii.!I t. -:'A it Y _r �� ���fSlE J Ir 3� d���R�A 1\4i's. u II( I (I'• i i.,.11ill!IiE ! r•.0 Koen _ a rI: L€�. F � R•GHg IF wHII I° I 11 .! -L1L1 L_ I_u I j-1 m1 _I -u -__ F E 8 €€ € $sz Ell eS O if I Et� C�[ i ix I _ I o 111 Illu Ill I 11H I LAI I illi I �P L!n LimH I±Pi Al1:B±1'—'! ' asxa a -5c — PR° CT TUSCANY VILLAGE 24000400 5 Kimley»>Horn - n PLANNED os/4:i2°2: A6° SITE PLAN C' s DEVELOPMENT N— St+D �7M55� avamair xw.r.cou aFcsmi w. sss CITY OF S"=C..D FLCR SDA v CFF ..: 6/8/2022 No. DEx9Ri5 I D41E 9x c4�rrFoed �`o � 0 CITY • J A,,S•NFORD FST. I� FLORIDA CITY COMMISSION MEMORANDUM 23-049 MARCH 13,2_023 AGENDA WS_ RM X Item No. r7. To: Honorable Mayor and Members of the City Commission PREPARED BY: Eileen Hinson, AICP — Planning Director SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CMer SUBJECT: Amend the Planned Development zoning of app imately 4.22 acres to modify land uses and dimensional standards r the Tuscany Village PD, at project address of 4201 West 1 st Strep. 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 amend the Planned Development zoning of approximately 4.22 acres to modify land uses and dimensional standards for the Tuscany Village PD, at project address of 4201 West 1st Street has been received. The properties are owned by MMM Investments LLC, Splash & Dash Inc, Carter L & Suzanne M Rucker, Carter Rucker. Catherine Felter, of Kimley-Horn, has made application for the owner. A CAPP (Citizens Awareness and Participation Plan) meeting was held on October 20, 2022 and a copy of the report is attached, which has been found satisfactory to the City. The Affidavit of Ownership and Designation of Agent form is attached and other information is available in order to ensure that all potential conflicts of interests are capable of being discerned. FISCAL/STAFFING STATEMENT: According to the Property Appraiser's records, six of the 16 properties are vacant commercial, two lots are vacant residential, and eight parcels are developed with single-family residences with the assessed tax value and total tax bill for 2022 shown below: Parcel Number Assessed Value Tax Bill Property Status (2022) (2022) 28-19-30-506-0000-003A $53,064 $947 Vacant Residential (Parcel 1) 28-19-30-506-0000-003J $257,696 $4,601 Vacant Commercial (Parcel 2) 28-19-30-506-0000-004A $469,030 $8,842 Single -Family (Parcel 3) Residence 28-19-30-506-0000-004B $125,433 $2,280 Single -Family (Parcel 4) Residence 28-19-30-506-0000-003I $101,067 $1,394 Single -Family (Parcel 5) Residence 28-19-30-506-0000-0050 $305,894 $5,580.73 Vacant Commercial (Parcel 6) 28-19-30-506-0000-005A $630,625 $11,802 Vacant Commercial (Parcel 7 28-19-30-506-0000-0060 $945,932 $17,870 Vacant Commercial (Parcel 8) 28-19-30-506-0000-006A $175,631 $3,204.21 Vacant Commercial (Parcel 9) 28-19-30-506-0000-0070 $1,279,735 $24,176 Vacant Commercial (Parcel 10) 28-19-30-506-0000-0030 $130,383 $1,750 Single -Family (Parcel ll) Residence 28-19-30-506-0000-003B $77,416 $1,038 Single -Family (Parcel 12) Residence 28-19-30-506-0000-003C $85,527 $1,165 Single -Family (Parcel 13) Residence 28-19-30-506-0000-003D $38,907 $521 Vacant Residential (Parcel 14) 28-19-30-506-0000-003F $55,691 $994 Single -Family (Parcel 15) Residence 28-19-30-506-0000-003G $45,751 $833 Single Family (Parcel 16 Residence It is the applicant's intent to develop the property as a commercial component to an ongoing, mixed-use, multi -family and commercial development. The proposed development will facilitate new non-residential construction and additional tax revenue to the City. No additional staffing is anticipated if the land use amendment is approved. BACKGROUND: On April 10,° 2006 the Sanford City Commission Adopted Ordinance No. 3980, rezoning 9.55 acres at the corner of Elder Road and State Road 46 from AG, Agriculture and establishing the Elder Plaza PD, Planned Development. On January 11, 2010 the Sanford City Commission Adopted Ordinance No. 4200, rezoning 4.97 acres located at 4201 West First Street from AG, Agriculture and establishing the Tuscany Village PD. On August 9, 2010 the Sanford City Commission Adopted Ordinance No. 4215, rezoning the 14.52 acres located at 4201 West First Street replacing the previous PD Master Plans and unifying the project standards under the new Tuscany Village PD. On May 9, 2011 the Sanford City Commission Adopted Ordinance No. 4237, rezoning the 14.52 acres located at 4201 West First Street modifying the development standards with a revised Master Plan Tuscany Village PD. On July 26, 2022, the Seminole County Board of County Commissioners voted to approve the vacation of a 0.48 acre portion of Elder Road. On September 26, 2022 the City Commission adopted Ordinance No. 4710 rezoning 21.17 acres located at 4201 West First Street, modifying the uses and development standards with a Tuscany Village (multi -family) PD, Master Plan. Phase One of the Tuscany Village PD, the residential component of the PD accounted for the majority of the entitlements of the total acreage under the WIC including the commercial out parcels in order to arrive at their total unit count of 420 units. At a maximum Floor Area Ratio (FAR) of 50 -percent, leaving the PD with a balance of 0.17 acres or 3,702 square feet of commercial space remaining to allocate over the two commercial out parcels. Now, with the addition of 1.83 acres to the commercial component, the commercial entitlements increases by 39,857 square feet. If approved the new commercial allocation to the PD will be 43,559 square feet. Additionally, the applicant is also reducing the buffer and setback over the two commercial existing commercial tracts. The applicant is proposing to permit all GC -2, General Commercial uses except for those uses which require a Conditional Use. All uses permitted as a conditional use shall require a separate hearing. The prohibited uses are as follows: vehicle services, vehicle repair, industrial uses, adult entertainment establishments, pawn shops, bars, night clubs, Adult Arcades, marijuana dispensing/pharmacy, smoke shops beauty salon/ barber shop, and self -storage facilities. Staff supports the request subject to the staff recommend conditions provided in this report. 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 Adininistrative 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 ten (10) days after receiving the additional information. (d) Before a third request for additional information, the applicant must be offered a meeting to attempt to resolve outstanding issues. If a municipality makes a third request for additional information and the applicant submits the required additional information within 30 days after receiving the request, the municipality must deem the application complete within ten (10) days after receiving the additional information or proceed to process the application for approval or denial unless the applicant waived the municipality's limitation in writing as described in paragraph (a). (e) Except as provided in subsection (5), if the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the municipality, at the applicant's request, shall proceed to process the application for approval or denial. (3) When a municipality denies an application for a development permit or development order, the municipality shall give written notice to the applicant. The notice must include a citation to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the permit or order. (4) As used in this section, the terms "development permit" and "development order" have the same meaning as in s. 163.3164, but do not include building permits. (5) For any development permit application filed with the municipality after July 1, 2012, a municipality may not require as a condition of processing or issuing a development permit or development order that an applicant obtain a permit or approval from any state or federal agency unless the agency has issued a final agency action that denies the federal or state permit before the municipal action on the local development permit. (6) Issuance of a development permit or development order by a municipality does not create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. A municipality shall attach such a disclaimer to the issuance of development permits and shall include a permit condition that all other applicable state or federal permits be obtained before commencement of the development. (7) This section does not prohibit a municipality from providing information to an applicant regarding what other state or federal permits may apply." The above -referenced definition of the term "development permit" is as follows: "(16) 'Development permit' includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land." (Section 163.3 164(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 [of] an application": "(15) `Development order' means any order granting, denying, or granting with conditions an application for a development permit." (Section 163.3164(15), Florida Statutes). 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 the first reading of Ordinance No. 4728 on February 27, 2023. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on March 5, 2023. RECOMMENDATION: Staff recommends that the City Commission adopt Ordinance No. 4728, to amend the Planned Development zoning of approximately 4.22 acres to modify land uses and dimensional standards for the Tuscany Village PD, at project address of 4201 West 1 st Street based on the request being consistent with the goals, objectives, and policies of the City's Comprehensive Plan. The following conditions should be considered to accompany any approval in an associated Development Order: 1. Pursuant to Section 4.3.G of the Land Development Regulations (LDR) of the City of Sanford, this rezoning shall expire 3 years from the effective date of this Ordinance if all required infrastructure improvements have not been completed or an extension granted. 2. Unless specifically requested and approved on the PD Master Plan, any required elements missing from or not shown on the PD Master Plan or associated PD documents shall comply with and default to the regulations in the City's LDR. 3. The property shall be developed generally in accordance with the future land uses and development standards identified on the Tuscany Village PD Master Plan dated September 12, 2022, unless otherwise specifically set forth in any associated development order; a. The Permitted Uses on the commercial outparcels shall be in accordance with uses as defined in Schedule B - Permitted Uses, Sanford LDR for the GC -2 General Commercial zoning district, including the requirement for any additional public hearings or approvals. Further the following additional uses shall be prohibited: vehicle services, vehicle repair, industrial uses, adult entertainment establishments, pawn shops, bars, night clubs, adult arcades, marijuana dispensing/pharmacy, smoke shops beauty salon/ barber shop, and self -storage facilities and any other uses restricted by City Code. b. Based on the total acreage of the site and the Phase One of the PD, the commercial development shall be limited to no more than 39,857 square feet of compatible commercial uses without increasing the acreage of the project. 4. A Development Plan prepared and sealed by a licensed Florida professional engineer meeting the requirements of the City's Land Development Regulations must be submitted and approved prior to any construction on site. 5. All requirements relating to tree mitigation as established in the City's LDR shall be met prior to development of the sites. 6. A comprehensive signage program meeting the standards of the Land Development Regulations shall be required for the entire development including, but not limited to, the commercial and multiple family residential uses. 7. The property owner shall coordinate with LYNX to determine the possible addition of a bus stop shelter and/or the extension of bus or transit services to the site; provided, however, that this condition shall not delay the issuance of a certificate of occupancy. 8. Unless specifically requested and approved on the Tuscany Village PD Master Plan, associated deviation waiver request, approved or the associated PD Development Order, all development shall comply with: a. Light source setback for site lighting shall be no less than 75 percent the width of the buffers identified on the PD Master Plan. b. All future commercial development shall comply with Schedule G: Architectural Design Standards. 9. If City staff and the Property Owner are unable to agree to the details of this Development Order in any way, the matter will be submitted to the Planning and Zoning Commission for resolution at a public hearing, and the matter will be adjudicated by means of a development order or denial development order relating thereto. Additional comments or recommendations may be presented by staff at the meeting. SUGGESTED MOTION: "I move to adopt Ordinance No. 4728." Attachments: Project Information Sheet Owner Affidavits Capp Summary Aerial Map Zoning Map Phase 2 PD Master Plan Ordinance No. 4728 PROJECT INFORMATION — 4201 WEST 1 sr STREET PLANNED DEVELOPMENT REZONE Requested Action: Amend the Planned Development zoning of approximately 4.22 acres to modify land uses and dimensional standards for the Tuscany Village PD, at project address of 4201 West 1st Street. Existing Uses: Vacant Commercial, Vacant Residential. Single Family Residence Proposed Uses Mixed Use Multi -family Project Address: 4201 West 1" Street Current Zoning: Al, Agriculture & PD, Planned Development Tax Parcel Numbers: 28-19-30-506-0000-003A, 28-19-30-506-0000-003J, 28-19-30-506-0000-004A, 28-19-30-506-0000-004B, 28-19-30-506-0000-003I, 28-19-30-506-0000-0070, 28-19-30-506-0000-006A, 28-19-30-506-0000-0060, 28-19-30-506-0000-0050, 28-19-30-506-0000-005A, 28-19-30-506-0000-0030, 28-19-30-506-0000-003B, 28-19-30-506-0000-003C, 28-19-30-506-0000-003D, 28-19-30-506-0000-003F, 28-19-30-506-0000-003G Site Area: 4.22 acres Property Owner(s): MMM Investments LLC 5271 Vista Club Run Sanford, FL 32771 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 October 20, 2022. A CAPP summary is attached. 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: WIC, Westside Industry and Commerce Existing Land Use: Vacant Commercial, Vacant Residential Page 1 of 2 Surrounding Uses and Zoning: Uses Zouin2 North BJs Wholesale Club PD, Planned Development(County) South Apartments, Townhomes PD, Planned Development East Automotive PD, Planned Development West Automotive PD, Planned Development Page 2 of 2 Pb FFID 1tIT OF OWNERSHIP D DESIGNATION OF AGENT —1877— vv—.unfordf40v Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below: 1. Ownership I. Carter Rucker , hereby attest to ownership of the property described below: Tax Parcel Number(s): 28-19-30.508.0000.0030, 28-1"0-506-0aoo-oosF, 28-19-30-506-0000.6p3D, 28.19-30-506-0000-003c, 28-19-30.508-0000 13, 28-19-30-50"wo-om Address of property: Sewell Rd.; 130 Sewell Rd.; 190 Sewell Rd.; 200 Sewell Rd.; 4357 W SR 46; 4377 W SR 46 for which this Annexation and/or Comprehensive / PD Master Plan application is submitted to the City of Sanford. II. Designation of Applicant's Agent (leave blank if not applicable) As the owner/applicant of the above designated property for which this affidavit is submitted, I designate the below named individual as my agent in ail 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): BROOKS STICKLER Agent Address: 189 S. ORANGE AVE. SUiTE 1000, ORLANDO FL 32801 Signature: Email: BROOKS.STICKLER@KIMLEY-HORN.COM Phone: 407-427-1677 Fax: Ill. Notice to Owner A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require anew affidavit. if ownership changes, the new owner assumes all obligations related to the filing application process. B. If the Owner intends for the authority of the 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 d Corporation o Land Trust ❑ Partnership o Limited Liability Company o Other (describe): 1. List all natural persons who have an ownership interest in the property, which is the subject matter of this petition, by name and address. 2. For each corporation, list the name, address, and title of each officer; the name and address of each director of the corporation; and the name and address of each shareholder who owns two percent (2%) or more of the stock of the corporation. Shareholders need not be disclosed if a corporation's stock are traded publicly on any national stock exchange. 3. In the case of a trust, list the name and address of each trustee and the name and address of the beneficiaries of the trust and the percentage of interest of each beneficiary. if any trustee or beneficiary of a trust is a corporation, please provide the information required in paragraph 2 above. Name of Trust: 4. For partnerships, including limited partnerships, fist the name and address of each principal in the partnership, including general or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above. 5. For each limited liability company, list the name, address, and title of each manager or managing member,- and the name and address of each additional member with two percent (2%) or more membership interest. If any member with two percent (2%) or more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information required in paragraphs 2, 3 and/or 4 above. Name of LLC: 6. In the circumstances of a contract for purchase, list the name and address of each contract purchaser. If the purchaser is a corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and/or 5 above. Name of Purchaser: Date of Contract: NAME TITLE/OFFICEITRUSTEE ADDRESS % OF OR BENEFICIARY INTEREST (Use additional sheets for more space.) 7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shall be disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains. 8. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. I understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, special exception, or variance involved with this Application to become void or for the submission for a procurement activity to be non- responsive. I certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures herein. t Sep ember �, 2022 Date Owner, Agen , Applicant Signature STATE OF FLORIDA / COUNTY OF S P rn f /. o f (- Sworn to (or affirmed) and subscribed before me by : � r � P,-- A ('t': ke'- on this 2- day of September 20 22 i Signature of Notary Public Print, Type or Stamp Name of Notary Public Personally Known OR Produced Identification :�/ Notary Public Stale of Florida Type of Identification Produced Li C P4 5C � My coerr,Morrison IIH HH 271291 Exp, 6/4/2026 Affidavit of ownership -January 2015 a� oda wwwsa�anlfl.gov P AND DESIGNAT Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below: I. Ownership 1, Mark M. Modarres herey attest to ownership of the operty Tax Parcel Number(s); 2819-30-506-0000-0050, 2819-30-506-0000-005N 28-19-30- 506-0000-0060, 28-19-30-506-0000- 006A, 281930-506-0000-0070, Address of Property: for which this application is submitted to the City of Sanford. II. Designation of Applicant's Agent (leave blank if not applicable) As the owner/applicant of the above designated property for which this affidavit is submitted, I designate the below named individual as my agent in all matters pertaining to the application process. In authorizing the agent named below to represent me, or my company, I attest that the application is made in good faith and that all information contained in the application is accurate and complete to the best of my personal knowledge. Applicant's Agent (Print): BROOKS STICKLER Agent Address: 789 S. ORANGE AVE. SUITE 1000, ORLANDO FL 32801 Signature: Email: BROOKS.STICKLER gK1MLEY-HORN.COM Phone: 407-427-7677 Fax: III. Notice to Owner A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require a new affidavit If ownership changes, the new owner assumes all obligations related to the filing application process. B. If the Owner intends for the authority of the Applicant's Agent to be limited in any manner, please indicate the limitations(s) below. (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc.) The owner of the real property associated with this application or procurement activity is a (check one) ❑ Individual ❑ Corporation ❑ Land Trust o Partnership b Limited Liability Company o Other (describer 1. List all natural_ u_ Irgem who have an ownership interest in the property, which is the subject matter of this petition, by name and address. 2. For each o crp_ oration, list the name, address, and title of each officer; the name and address of each director of the corporation; and the name and address of each shareholder who owns two percent (2%) or more of the stock of the corporation. Shareholders need not be disclosed if a corporation's stock are traded publicly on any national stock exchange. 3. In the case of a trust, list the name and address of each trustee and the name and address of the beneficiaries of the trust and the percentage of interest of each beneficiary. if any trustee or beneficiary of a trust is a corporation, please provide the information required in paragraph 2 above. Name of Trust: 4. For partnerships, including limited partnerships, list the name and address of each principal in the partnership, including general or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above. 5. For each limited liability company, list the name, address, and title of each manager or managing member, and the name and address of each additional member with two percent (2%) or more membership interest. If any member with two percent (2%) or more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information required in paragraphs 2, 3 and/or 4 above. Name of LLC: MMM INVESTMENTS 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: ROYAL PALM MULTIFAMILY LLC Date of Contract: 1/5/2022 NAME TITLE/OFFICE(TRUSTEE ADDRESS % OF OR BENEFICIARY INTEREST (Use additional sheets for more space.) 7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shall be disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains. 8. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. I understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, special exception, or variance involved with this Application to become void or for the submission for a procurement activity to be non- responsive. I certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures herein. 2,7— Date .7Date STATE OF FLORID_ COUNTY OF Sworn to (or af9rmed) and subscribed before me by on this 41, Y day of N&faz9,L!/�t 20 Signature of N'ootaryblic Personally Known VOR Produced Identification Type of Identification Produced Affidavit of Ovmership - January 2015 /%. --�, r Z ca, Owner, Agent, Applicant Signature €S. AV)p NWary Public ghe of Florida Sandra E Hughes My Commission GG 238403 Ex 'res 08/0812022 Print, Type or Stamp Name of Notary Public 2 ijLowndes 1. Overview LOGAN J. OPSAHL logan.opsahl@lowndes-law.com 215 North Eola Drive, Orlando, Florida 32801-2028 T: 407-418-6237 1 F: 407-843-4444 MAIN NUMBER: 407-843-4600 October 20, 2022 6:00 to 7:00 p.m. 100 Eslinger Way, Sanford, FL 32773 Citizen Awareness & Participation Plan T TIT MERITASOLAW FIRMS WORLDWIDE A neighborhood meeting regarding an application for an annexation, comprehensive plan amendment and rezoning with the City of Sanford for the property with parcel identification numbers 28-19-30-506-0000-003G, 28-19-30-506-0000-003F, 28-19-30-506-0000-003D, 28-19- 30-506-0000-003C, 28-19-30-506-0000-00313, 28-19-30-506-0000-0030, 28-19-30-506-0000- 004A, 28-19-30-506-0000-0046, 28-19-30-506-0000-003A, 28-19-30-506-0000-003J, 28-19-30- 506-0000-0031, 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"). II. List of affected parties (with addresses) that were notified of the proposed project and invited to the Neighborhood Meeting. Please see Appendix A III. Number of Neighborhood Meeting Notices distributed. 108 notices were mailed to property owners within 500 feet of the subject property. 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 October 5, 2022. Lowndes, Drosdick, Duster, Kantor & Meed, P.A. fowndes-iaw.com EI 0894227\195726\12443966x1 November 8, 2022 Page 2 VI. The date and location of the Neighborhood Meeting. 100 Eslinger Way, Sanford, FL 32773 VII. The number of people that participated in the Neighborhood Meeting. Two (2) members of the project team, the Property Owner and zero (0) people from the greater community attended the meeting. 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. Zero (0) reached out via email and/or via phone to RSVP or request project information. XI. A summary of concerns, issues and or problems expressed at the Neighborhood Meeting. N/A UO 0894227\195726\12443966v1 as I i 16-19-30-SAC-0000-OOK2 DUTRA, JOHN A TR & DUTRA, SANDRA A TR C/O LERETA/TEXAS OPERATIONSPO BOX 35605 DALLAS, TX 75235 16-19-30-SAC-MO-OOK3 BIG 10 REV STATUTORY TRUST 308 TOWN PARK DR NW KENNESAW, GA 30144 16 -19 -30 -SAC -0000-0980 REALTY INCOME PROPERTIES 21 C/O 81'5 WHOLESALE CLUB25 RESEARCH DR WESTBOROUGH, MA 01581 16 -19 -30 -SAC -0000-0990 HIGHWAY 46 HOLDINGS LLC 4316 W STATE ROAD 46 SANFORD, FL32771 28-19-30-300-0030-0000 NATIONAL RETAIL PROPERTIES LP 450 S ORANGE AVESTE 900 ORLANDO, FL32801 28-19.30.506-0000-0030 SPLASH -N -DASH INC 1782 ALAQUA LAKES BLVD LONGWOOD, FL 32779 28-19-30-506-0000-003A SPLASH -N -DASH INC 1782 ALAQUA LAKES BLVD LONGWOOD, FL 32779 28.19-30-506-0000.0038 RUCKER, CARTER L & SUZANNE M 1782 ALAQUA LAKES BLVD LONGWOOD, FL 32779 28.1930-506-0000.003C SPLASH N DASH INC 1782 ALAQUA LAKES BLVD LONGWOOD, FL 32779 28-19-30-506-ODOO-003D SPLASH N DASH INC 1782 ALAQUA LAKES BLVD LONGWOOD, FL 32779 28-19-30-506-0000-003E VOBORNIK, DAVID & KING, GAYLE C 681 COACHLIGHT DR FERN PARK, FL 32730 28-19-30.506-0000.003G RUCKER, CARTER 1782 ALAQUA LAKES BLVD LONGWOOD, FL 32779 28-19-30-506.0000-0031 RUCKER, CARTER 1782 ALAQUA LAKES BLVD LONGWOOD, FL 32779 28-19-30.506-0000-0031 SPLASH N DASH INC 1782 ALAQUA LAKES BLVD LONGWOOD, FL 32779 28-19-30-506-0000-0040 ACW INV INC 1216 W WASHINGTON ST ORLANDO, FL32805 28-19.3(I.506-0000-0048 SPLASH & DASH INC 1782 ALAQUA LAKES BLVD LONGWOOD, FL 32779 28-1930.506-0000-0050 MMM INV LLC 5271 VISTA CLUB RUN SANFORD, FL 32771 28-19-30-506-0000-0060 MMM INV LLC 5271 VISTA CLUB RUN SANFORD, FL 32771 28.1930-506-00DO-006A MMM INV LLC 5271 VISTA CLUB RUN SANFORD, FL 32771 28-19-30-506-0000-0070 MMM INV LLC 5271 VISTA CLUB RUN SANFORD, FL 32771 28-1930-506-0000-0080 T & S INV LLC 7512 OR PHILLIPS BLVDSTE 50-702 ORLANDO, FL 32819 28-19-30-506-0000-008B LEGACY PARK LLC 755 MONROE RDUNIT470211 LAKE MONROE, FL 32747 28-19-30.506.0000-008C THOMPSON, JOHNNIE R & THOMPSON, TERRI L 1254 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28-19-305NQ-0000-0020 RACETRAC INC/PROP.TAX DEPT. 200 GALLERIA PKWY SE # 900 ATLANTA, GA 30339 28-19.305NQ-0000.0040 OB REAL ESTATES ASSETS I LLC 130 ROYALL ST CANTON, MA 02021 28-19-305NQ-0000-0050 GW REAL ESTATE LLC 7531 S ORANGE BLOSSOM TRL ORLANDO, FL 32809 28-19-305NQ-0000-0000 SUNPLEX SEMINOLE CROSSINGS LLC 605 CRESCENT EXECUTIVE CT LAKE MARY, FL 32746 "l Mgt vf� M. REBECCA WILSON Rebecca.wilson@lowndes-law.com 215 North Eola Drive, Orlando, Florida 32801-2028 T: (407) 418-6250 1 F: 407-843-4444 MAIN NUMBER: 407-843-4600 TIP MERITASOLAW FIRMS WORLDWIDE NEIGHBORHOOD MEETING ON OCTOBER 20, 2022 NOTIFICATION LETTER October 5, 2022 Dear Property Owner: Royal Palm Multifamily, LLC (the "Applicant") would like to invite you to attend the rescheduled neighborhood meeting to discuss the proposed development of the property with parcel identification numbers: 28-19-30-506-0000-003G, 28-19-30-506-0000-003F, 28-19-30-506-0000-003D, 28-19-30-506-0000-003C, 28- 19-30-506-0000-003B, 28-19-30-506-0000-0030, 28-19-30-506-0000-004A, 28-19-30-506-0000-004B, 28-19- 30-506-0000-003A, 28-19-30-506-0000-003J, 28-19-30-506-0000-003I, 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), project map enclosed. The meeting will be held at the following place and time: Seminole County Sheriffs Office Community Meeting Room 100 Eslinger Way Sanford, FL 32773 October 20, 2022 from 6:00-7:00 p.m. The Applicant would like to develop the Property to potentially include commercial and multi -family uses and will submit an application for an annexation, comprehensive plan amendment and rezoning with the City of Sanford for the use proposed. We would like to address any comments and concerns you may have regarding this proposal at the meeting. Representatives from the City of Sanford have also been invited to attend this meeting. Please call Nancy Elswick at Lowndes, Drosdick, Doster, Kantor & Reed, P.A. at 407-418-6482 or email at Nancy.Elswick@lowndes-law.com if you want to be added to a mailing list on future project updates. While not required, we'd appreciate you sending Nancy your RSVP if you plan to attend so we can ensure enough seats or a Zoom session can be sent to you if we have another weather event. We look forward to meeting you! Sincerely, X Re4e" 2(kP " M. Rebecca Wilson Active\0894227\1 95726\1 2371357vl-10/5/22 VV 1';;1;S 1 W;Tsrs Active\0894227\195726\12371357v 1-10/5/22 KO \l �;' , m d, a A,' `�,r• - 1 tib` j E^fr_; i t 4 28-19-30-506-0000-0070, 28-19-30-506-0000-006A, 28-19-30-506-0000-0060, �� 1,- _ '!" �, r• �• _i w 28-19-30-506-0000-0050, �: r Y:... . 28-19-30-506-0000-005A, ���: ' - .d • •..i C- - • 1 1. 1111 11':.. 28-19-30-506-0000-004A, 28-19-30-506-0000-0031, 28-19-30-506-0000-003J, '�' 71 f i.� a' -:i 9-30-506-0000-003A, ,28 28-19-30-506-0000-003F, 28-19-30-506-0000-003B, ?r 'wit "�` 28-19-30-506-0000-003C, 28-19-30-506-0000-003D, 28-19-30-506-0000-003G, b •ai+f�f "+sr* 28-19-30-506-0000-0030 AFUe ..�f tea ����lr � �'�,��°�-�►3� , ��•-i,''�a�., . �-_ � i ti.'a� � �`"x� Y��Sw"� t •. EVANGELINE SITE 46 Zoning Sanford AG (Agriculture) PD (Planned Development) RC -1 (Restricted Commercial) Seminole County A-1 (Agriculture) C-3 (General Commercial & Wholesale) M-1 (Industrial) PD (Planned Development) CARDINAL COVE CIRCLE v C3 ACORN OAK CIRCLE W r N JACINTO CIRCLE �i Site FR 4201 West 1st Street 28-19-30-506-0000-0070, ®�®®® 28-19-30-506-0000-006A, 28-19-30-506-0000-0060, 28-19-30-506-0000-0050, EEE 28-19-30-506-0000-005A, 28-19-30-506-0000-00413, 28-19-30-506-0000-004A, 28-19-30-506-0000-003I, 28-19-30-506-0000-003J, 28-19-30-506-0000-003A, 28-19-30-506-0000-003F, 28-19-30-506-0000-003B, 28-19-30-506-0000-003C, 28-19-30-506-0000-003D, 28-19-30-506-0000-003G, & 28-19-30-506-0000-0030 Zoning Sanford AG (Agriculture) PD (Planned Development) RC -1 (Restricted Commercial) Seminole County A-1 (Agriculture) C-3 (General Commercial & Wholesale) M-1 (Industrial) PD (Planned Development) CARDINAL COVE CIRCLE v C3 ACORN OAK CIRCLE W 0 �i N M A