4595 Rezone 19.57 acres 3849 Church StreetOrdinance No. 2021-4595
An ordinance of the City of Sanford, Florida relating to the
amendment of a Planned Development (PD) by rezoning 19.67 acres
in size to modify land use and development standards within the
North Park Commerce Center (also known as McDonald) PD
approving a PD master plan; providing for the rezoning of real
property located at 3849 Church Street and assigned Tax Parcel
Identification Number: 16-19-30-5AC-0000-0630 which is located
within the City Limits (map of the subject property attached);
providing for findings and intent, development conditions and the
resolution of disputes by the Planning and Zoning Commission;
providing for the taking of implementing administrative actions;
providing for the adoption of a map and PD master plan by reference;
providing for conflicts; providing for severability; providing for
non -codification and providing for an effective date.
Whereas, an application has been submitted proposing to rezone property
located at 3849 Church Street as an amended Planned Development (PD) zoning
classification/district being named the Amended North Park Commerce Center (also
known as McDonald) PD which results from revising the existing North Park Commerce
Center (also known as McDonald) PD; and
Whereas, the PD property is located on the northwest corner of North White
Cedar Road and Iowa Avenue; and
Whereas, the PD property is owned by D.L. Fox Properties, LP, a South
Carolina limited partnership whose general partner is SC Branch Corporation, a South
Carolina corporation, whose sole corporate officer is Dan L. Fox all of whom have a
primary address in Sanford; and
Whereas, the applicant, making application for the PD approval on behalf of
the Property Owner is Bryan Potts, P.E. of the Tannath Design, Inc. located in Orlando;
pro
Whereas, the PD property is not within a Planning Sub -Area of the 2015 City of
Sanford/Seminole County Joint Planning Agreement; and
Whereas, a Citizen Awareness and Participation Plan (CAPP) meeting
adhering to the requirements of the City has been held in a modified manner with
proximate property owners being notified on November 4, 2020 and a CAPP report was
submitted to the City in accordance with CAPP requirements; and
Whereas, on February 26, 2007, the City Commission enacted Ordinance
Number 4047 rezoning 25.98 acres located at 3855 Church Street to PD, Planned
Development, for the North Park Commerce Center and subsequently the City
Commission enacted Ordinance Number 4065 amending the PD zoning district to
include an additional 10 acres; and
Whereas, the amendment set forth herein relative to the PD property relates to
the amended use of an area 19.57 acres in size; and
Whereas, the applicant is now proposing to amend the North Park Commerce
Center (also known as McDonald) PD by adding vehicle parking and outdoor storage
uses on approximately 9.20 acres of the overall parcel with the application including
requests for deviations from the development standards to allow the use of #57 stone for
the parking surface area contained by D -curbing in lieu of standard asphalt paving it
being noted that the vehicle parking and outdoor storage use is intended to be a
temporary installation for a maxim um 6 -year period while the owner of the subject PD
property intending to develop the site into individual industrial lots as represented on the
plans submitted to the City; and
21
Whereas, the Property Owner, in an effort to address noise concerns of the
residents of the residential development to the south, the Property Owner would
incorporate a buffer, 85' in width, in addition to the width of the storm water system, this
providing a setback of 228' from the property line at Iowa Avenue; and
Whereas, the City of Sanford's Planning and Zoning Commission, as the City's
local planning agency, held a public hearing on February 4, 2021 to consider the rezoning
action herein approved and unanimously recommended approval of the North Park
Commerce Center (also known as McDonald) PD for the subject property as requested
by the Property Owner; 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, policies and objectives
of the Comprehensive Plan of the City of Sanford, the City's Land Development
Regulations (LDRs), and the controlling provisions of State law; provided, however, that
the requirements of this Ordinance must be adhered to relative to attaining the required
assignment of a land use designation consistent with the requirements of this Ordinance;
and
Whereas, the City staff recommended approval of this Ordinance subject to
normative development detailed development requirements and conditions some of
which, if not later resolved, shall be subject to resolution by the Planning and Zoning
Commission; and
3!
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;
M
Whereas, the City Commission of the City of Sanford, Florida has taken all
actions relating to the Amended North Park Commerce Center (also known as
McDonald) 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 Owner has agreed that
no requirement herein lacks an essential nexus to a legitimate public purpose and is not
roughly proportionate to the impacts of the proposed use that the City seeks to avoid,
minimize, or mitigate.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(d). This Ordinance is consistent with the goals, objectives and policies of the
4I
Comprehensive Plan of the City of Sanford.
Section 2. Rezoning of real property/implementing actions; the Amended
North Park Commerce Center (also known as McDonald) PD.
(a), Upon enactment of this Ordinance the subject property, as depicted in the
map attached to this Ordinance shall be rezoned to the Amended North Park Commerce
Center (also known as McDonald) 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 Amended North Park Commerce Center (also known as McDonald) 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). All development shall be consistent with the Amended North Park
Commerce Center (also known as McDonald) PD Master Plan, as modified as a result of
additional conditions and actions of the City, unless otherwise specifically set forth any
associated development order; provided, however, that all subsequent development
orders shall be consistent with the provisions of this Ordinance.
(3). The temporary use of vehicle parking and outdoor storage and associated
improvements shall not extend more than 6 years past the date of enactment of this
s1
Ordinance which use shall not be established on the subject PD property until all common
infrastructure has been approved, installed and determined to be complete by the City.
(4). Unless specifically requested and approved on the PD Master Plan, any
required elements missing from or not shown on the PD Master Plan shall comply with
the City's LDRs.
(5). All conditions set forth in Development Order Number 07-16 and
Development Order Number 07-16A shall be, and continue to remain, in full force and
effect unless otherwise specifically stated in this Ordinance and the implementing
Development Agreement.
(6). A development plan prepared and sealed by a licensed Florida professional
engineer meeting the requirements of the City's LDRs must be submitted and is subject
to approval by the City prior to any construction on site and, with regard to this
requirement, a separate development plan is required for each parcel, outparcel, or
phase proposed for development.
(7). A decorative and functional fountain shall be installed in all wet retention
ponds as part of development approval which approval shall provide for ongoing
maintenance requirements and responsibilities upon the appropriate party, but not the
city.
(8). The resolution of all disputes arising from development under the Amended
North Park Commerce Center (also known as McDonald) PD shall be resolved by the
Planning and Zoning Commission unless otherwise specifically provided by controlling
law.
Section 3. Incorporation of map and Amended North Park Commerce
Center (also known as McDonald) PD Master Plan for the Amended North Park
Commerce Center (also known as McDonald) 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
Amended North Park Commerce Center (also known as McDonald) PD as is the
Amended North Park Commerce Center (also known as McDonald) PD Master Plan, as
modified as a result of additional conditions.
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; 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
7
by the Property Owner, or their successor(s) in interest within 60 days of the effective
date of this Ordinance or the subject property's zoning classification shall revert to an
un -zoned property status.
Attest:
Section 7. Effective Date.
This Ordinance shall take effect upon enactment.
Passed and adopted this 8th day of March, 2021.
City Commission of the City of
Sanford, Flqfioa A I
'�JJIJ,C' 17�1
Traci Houchin, MMC, FCRM Qodruff, Mayor
Approved as to form and legal suffici
William L. Colbert, City Attorney
CITY OF � � " ' WS— RM X
9 " °"% D
SkNFORD
FLORIDA Item No.
CITY COMMISSION MEMORANDUM 21.068
MARCH 8, 2021 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Sabreena Colbert, Senior Planner
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manages
SUBJECT: Amend approximately 19.57 acres of them�e proved North Park Commerce
Center (aka McDonald) Planned Devopment to modify land use and
development standards and establish the North Park PD, a proposed
industrial development with a project address of 3849 Church Street.
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
® Update Regulatory Framework
® Redevelop and Revitalize Disadvantaged Communities
THIS IS A QUASI-JUDICIAL MATTER AND, AS SUCH, REQUIRES
DISCLOSURE OF ALL EX -PARTE COMMUNICATIONS, INVESTIGATIONS,
SITE VISITS AND EXPERT OPINIONS REGARDING THIS MATTER.
SYNOPSIS:
A request to amend approximately 19.57 acres of the approved North Park Commerce Center (aka
McDonald) Planned Development to modify land use and development standards and establish the
North Park PD, a proposed industrial development with a project address of 3849 Church Street
has been received.
The property owner is DL Fox Properties, LP. The applicant is Bryan Potts, P.E. with Tannath
Design, Inc. who was responsible for completing the CAPP requirement.
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.
F"ISCALISTAFFING STATEMENT:
Based on the 2020 property tax roll of Seminole County, the vacant property has an assessed value
of $2,344,290. The total tax bill in 2020 was $43,047.73.
No additional staffing is anticipated if the Planned Development amendment is approved.
BACKGROUND:
The 19.57 acre parcel is located on the northwest corner of N. White Cedar Road and Iowa Avenue.
On February 26, 2007, the City Commission adopted Ordinance No. 4047 to rezone 25.98 acres
at 3855 Church Street to PD, Planned Development for the North Park Commerce Center. After
the original rezone, the City Commission adopted Ordinance No. 4065 amending the PD zoning
to include an additional 10 acres. The current applicant is seeking to amend the North Park
Commerce Center PD requesting vehicle parking and outdoor storage on approximately 9.20 acres
of the overall parcel area. The request includes deviations from the development standards to allow
the use of #57 stone for the parking surface area contained by D -curbing in lieu of standard asphalt
paving. The vehicle parking and outdoor storage use is intended to be a temporary installation for
a four to six year period as the owner of the property intends to develop the site into individual
industrial lots as represented on the plan.
In an effort to address noise concerns of the residential development to the south, the applicant is
proposing an 85 -foot buffer in addition to the width of the storm water system, providing a 228'
setback from the property line at Iowa Avenue.
The underlying Future Land Use of the property is WIC, Westside Industry & Commerce, a mixed
use designation intended to promote the development of employment centers in the vicinity of the
West SR 46 corridor and the commuter rail station. The corridor's proximity to 1-4 as well as SR
417 and the SunRail commuter line provides access to regional markets and a substantial labor
force. The CSX Main Rail Line also provides a transportation amenity of regional significance.
The WIC designation permits both a vertical and horizontal land use mix of industrial, commercial,
office and residential. The maximum intensity for commercial, office, and industrial development
is a floor area ratio of 0.50.
The PD amendment supports the Update Regulatory Framework and Redevelop and Revitalize
Disadvantaged Communities strategic priorities. The amended PD will allow the reasonable use
of the now vacant property until developed for industrial warehouse use.
A modified Citizens Awareness and Participation Plan process was completed due to COVID- 19.
The applicant sent a notification letter and site plan to property owners within a 500 -foot buffer on
November 4, 2020. A summary of the CAPP process has been provided and is attached.
LEGAL REVIEW:
The City Attorney has reviewed the staff report and has noted the following: Section 166.033,
Florida Statutes, provides as follows (please note emphasized text):
"(1) When reviewing an application for a development permit that is certified by a professional
listed in s. 403.0877, a municipality may not request additional information from the
applicant more than three times, unless the applicant waives the limitation in writing. Before
a third request for additional information, the applicant must be offered a meeting to attempt
to resolve outstanding issues. Except as provided in subsection (4), if the applicant believes
the request for additional information is not authorized by ordinance, rule, statute, or other
legal authority, the municipality, at the applicant's request, shall proceed to process the
application for approval or denial.
(2) When a municipality denies an application for a development permit, the municipality
shall give written notice to the applicant. The notice must include a citation to the
applicable portions of an ordinance, rule, statute, or other legal authority for the denial
of the permit.
(3) As used in this section, the term "development permit" has the same meaning as in s.
163.3164, but does not include building permits.
(4) For any development permit application filed with the municipality after July 1, 2012, a
municipality may not require as a condition of processing or issuing a development permit
that an applicant obtain a permit or approval from any state or federal agency unless the
agency has issued a final agency action that denies the federal or state permit before the
municipal action on the local development permit.
(5) Issuance of a development permit by a municipality does not in any way create any right on
the part of an applicant to obtain a permit from a state or federal agency and does not create
any liability on the part of the municipality for issuance of the permit if the applicant fails
to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency
or undertakes actions that result in a violation of state or federal law. A municipality shall
attach such a disclaimer to the issuance of development permits and shall include a permit
condition that all other applicable state or federal permits be obtained before
commencement of the development.
(6) This section does not prohibit a municipality from providing information to an applicant
regarding what other state or federal permits may apply."
The above -referenced definition of the term "development permit" is as follows:
"(16) 'Development permit' includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or any other official action of local
government having the effect of permitting the development of land." (Section
163.3164(16), Florida Statutes).
Thus, if this application is denied, a denial development order must be issued which must cite to
the applicable portions of each ordinance, rule, statute, or other legal authority supporting the
denial of the application. For example, if 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 Planning and Zoning Commission in the event of such occurrence. Accordingly, any motion
to deny must state, with particularity, the basis for the proposed denial.
The term "development order" is defined as follows and, as can be seen, refers to the "granting,
denying, or granting with conditions [ofd an application"
"(15) `Development order' means any order granting, denying, or granting with conditions an
application for a development permit." (Section 163.3164(15), Florida Statutes).
The City Commission approved the first reading of Ordinance No. 4595 on February 22, 2021.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on March 7, 2021.
RECOMMENDATION:
Staff finds that the amended North Park Planned Development and associated master plan are
consistent with the City of Sanford Comprehensive Plan however recommended to the Planning
and Zoning Commission that the duration of the temporary use and associated improvements
terminate after a period of five (5) years. During the public hearing, the applicant requested the
consideration of a six (6) year timeframe for the temporary use and associated improvements.
On February 4, 2021, the Planning and Zoning Commission unanimously recommended (5-0) that
the City Commission adopt an ordinance approving the request to amend approximately 19.57
acres of the approved North Park Commerce Center (aka McDonald) Planned Development to
modify land use and development standards and establish the North Park PD, a proposed industrial
development with a project address of 3849 Church Street based on consistency with the goals,
objectives and policies of the City's Comprehensive Plan. The Planning and Zoning Commission's
recommendation includes the applicant's request for a six (6) year timeframe for the temporary
use and associated improvements.
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
improvements have not been completed or an extension granted.
2. The temporary use of vehicle parking and outdoor storage and associated improvements
shall not extend more than six (6) years past the date of adoption of this Ordinance.
3. The temporary use for vehicle parking and outdoor storage shall not be established on the
subject property until all common infrastructure has been approved, installed and
determined complete.
4. Unless specifically requested and approved on the PD Master Plan, any required elements
missing from or not shown on the PD Master Plan shall comply with the City's LDR.
5. All conditions set forth in Development Order Number 07-16 and 07-16A shall be, and
continue to remain, in full force and effect unless otherwise specifically stated in this
Ordinance and the implementing Development Agreement.
6. A development plan prepared and sealed by a licensed Florida professional engineer
meeting the requirements of the City's Land Development Regulations must be submitted
and approved prior to any construction on site and, with regard to this requirement, a
separate development plan is required for each parcel, outparcel, or phase proposed for
development within the All Souls PD.
7. A decorative and functional fountain shall be installed in all wet retention ponds as part of
development approval which approval shall provide for ongoing maintenance requirements
and responsibilities upon the appropriate party, but not the City.
8. If City staff and the Property Owner are unable to agree to the details of this Ordinance and
its implementing 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. 4595."
Attachments: Project Information Sheet
Site Vicinity Map
Site Aerial Map
Affidavit of Ownership
Capp Notice and Summary
Development Order No. 07-16 and 07-16A
North Park Commerce Center (McDonald) PD Master Plan, June 28, 2007
North Park PD Master Plan, November 24, 2020
Draft Ordinance No. 4595
TADevelopment ReviewNO3-Land Development\2021\3849 Church Street -PD RezoncNCC\CC Memo -3849 Church Street PD Rezone.docx
PROJECT INFORMATION •— 3849 CHURCH STREET
PD AMENDMENT
Requested Action: Amend approximately 19.57 acres of the approved North Park Commerce Center
(aka: McDonald) Planned Development to modify land use and development
standards and establish the North Park PD, a proposed industrial development With a
project address of 3849 Church Street.
Existing Uses: Vacant
Project Address: 3849 Church Street (project address)
Current Zoning: PD, Planned Development
Tax Parcel Number: 16-19-30-5AC-0000-0630
Site Area: 19.57 acres
Property Owner: DL Fox Properties, LP
623 Trestle Point
Sanford, Florida 32771-8200
Applicant/Agent: Bryan Potts, P.E. — Tannath Design, Inc.
2494 Rose Spring Drive
Orlando, Florida 32825
CAPP Meeting: A CAPP notification letter was sent to all property owners within a 500 -foot buffer on
November 4, 2020. A CAPP summary is attached.
Commission District: District 2 — Commissioner Kerry S. Wiggins, Sr.
COMPREHENSIVE PLAN COMPLIANCE REVIEW
Planning staff has reviewed the request and has determined the use and proposed improvements to be consistent with
the Goals, Objectives and Policies of the Comprehensive Plan.
Future Land Use: WIC, Westside Industry and Commerce
Existing Land Use: Vacant
Surrounding Uses and Zoning:
Uses
North Industrial Warehouse, Single Family
Residential, Vacant
South Thomebrooke - Single Family Residential
East Industrial - Sanford Recycling
West Industrial Warehouse, Vacant
CONCURRENCY
Zoning
PD, Planned Development
A-1, Agriculture (Seminole County)
PD, Planned Development
PD, Planned Development
PD, Planned Development (Seminole County)
Concurrency is a finding that public facilities and services necessary to support a proposed development are
available, or will be made available, concurrent with the impacts of the development. The concurrency facilities
evaluated by the City of Sanford include the following:
Page 1 of 2
Drainage: Storm water run-off generated on site shall be treated using an on-site stormwater system
utilizing wet/dry retention. The stormwater system will be designed to meet the City of
Sanford and SJRWMD requirements.
Roadways: The average daily trips estimated for the overall project based on warehouse use is 422 trips
with 28 AM and 47 PM peak hour trips (ADT). A traffic impact analysis is not required.
Water: Water services will be provided by the City of Sanford.
Sewer: Sewer services will be provided by the City of Sanford.
LOS Standard
*
Proposed Overall Demand Facility Capacity"
Potable Water: 144 gal/capita/day
5,250 gals/day* 9.02 MGD (CUP Capacity)
Sanitary Sewer: 132 gal/capita/day
4,500 gals/day* 9.3 MGD
Solid Waste: 2.46 lbs/capita/day
161.35 lbs/day* 21.5 million tons
The City's Utility Department tracks water and wastewater capacities for all projects once a Florida Department of
Environmental Protection (FDEP) permit has been obtained. The available capacity for a proposed project is verified
but will not be reserved until a FDEP permit is obtained. Below is a breakdown provided by the City of Sanford
Utility Department for current usage within the City:
Potable Water Sanitary Sewer
Recorded 3 -month Average daily flow: - 6.73 MGD
Recorded 12 -month Average daily flow: 7.504 MGD -
Projects with FDEP permits (not in service): 0.806 MGD 0.624 MGD
** As provided by the City of Sanford's Utility Department. (CUP — Consumptive Use Permit)
TADevelopment Review\03-Land Development\2021\3849 Church Street - PD RezoneTroject Info Sheet - 3849 Church Street.doc
Page 2 of 2
ler )S ORD AFFID"IT OF OWNERSHIP AND DESIGNATION OF AGENT
FLORIDA -
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
1. Ownership
1, D.L. Fox Properties, LIP hereby attest to ownership of the property described below:
Tax Parcel Number(s): 16-19-30-5AC-0000-0630
Address of Property: 3849 CHURCH ST, SANFORD, FL 32771 & N WHITE CEDAR RD SANFORD, FL 32771
for which this PO Amendment
II. Designation of Applicant's Agent (leave blank if not applicable)
application is submitted to the City of Sanford.
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): Bryan Potts, P. E. Signature:
Agent Address: 2494 Rose Spring Drive, Orlando FL 32825
Email: bpofts@tannathdesign.com Phone: 407-982-9878 Fax:
Ill. 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 o Corporation o Land Trust m Partnership o Limited Liability Company
• Other (describe): Planned Dev Amendment
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 PaEJnershIg§, including limited partnerships, list the name and address of each principal in the partnership, including general
or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above.
5. For each limited liability company, list the name, address, and title of each manager or managing member, and the name and
address of each additional member with two percent (2%) or more membership interest. If any member with two percent (2%) or
more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information
required in paragraphs 2, 3 and/or 4 above.
Name of LLC:
6. In the circumstances of a contract for purchase, list the name and address of each contract purchaser. If the purchaser is a
corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and/or 5 above.
Name of Purchaser:
Date of Contract:
NAMETITLE/OFFICEITRUSTEE ADDRESS % OF
I I OR BENEFICIARY I 11UTPOS:
Dan L. Fox _ I Agent 1 623 Trestle Point, Sanford, FL 32771 1 1
(Use additional sheets for more space.)
T As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shall be
disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which 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.
0 J 2, 0
Date
STATE OF FLORID
COUNTY OF I a'A
Sworn to (or affirmed) and subscribed before me by
on this day of _1NUAJA 61D? 20Z_Le�
"gna of Notary Public
Personally KnowrOR Produced Identification
Type of Identification Produced
Affidavft of OwnersHp - Jamary 2018
ner, Agent Applicant Signature
Print, Type or Stamp Name of Notary Public
Tannath Design,Inc.
2494 Rose Spring Dr.
Orlando, FL32O2b
(407) 982-9878
November 4, 2020
Dear Current Property Owner,
T8OOath Design Inc. would like to inform you of proposed P[]Amendment Application for the
property located at 3849 Church SL The P[] Amendment is to allow outdoor vehicular storage
in the area shown on our plan. This use is intended to be temporary (4-6 years). Then it is
proposed that the lots will bedeveloped 8Sindustrial.
Amap ofthe property iSlocated below, and the proposed site plan is attached.
Due to the COVd49 Vi[Ua. we are asking that if you have any questions or comments please
e[U8i| Bryan PottS, P.E. at bpofts@tannathdesign.com with any correspondence o[contact Vs
directly at (407) 982-9878.
T@nDath Design Inc. vv0U|d like to address C0Ooorne or comments that you may have regarding
this PDAmendment.
Sincerely,
Bryan Potts, P.E.
TannathDesign |DC.
24S4Rose Spring Drive
Orlando, FL 32825
(407) 982-9878
bpOttS@tonO8thdeGigD.Conn
SCALE:
NTS
Location Map
North Park
Church St. & N. White Cedar Rd.
Sanford, Florida 32771
Tannath Design, Inc.
2494 Rose Spring Drive
Orlando, Florida 32825
407-982-9878
www.tannathdesign.com
FIGURE
PROJECT:
030-001
DATE:
05/05/20
DflAWNBY: DDP
9'annath Design, Inc.
2494 Rose Spring Dr.
Orlando, FL 32825
(407) 982-9878
www.tarinathdesiati.com
January 28, 2021
Mrs. Eileen Hinson, AICP
Development Services Manager
Planning and Development Services
City of Sanford
300 North Park Avenue
Sanford, FL 32771
Re: PD Amendment
3849 Church St.
Parcel Number's: 16-19-30-5AC-0000-0560 & 16-19-30-5AC-0000-0630
Dear Mrs. Hinson,
This letter shall serve as our Final Report under a modified CAPP for the North Park Industrial
Park.
A letter explaining what is being done with these parcels was sent via US Mail on November 4th
to the property owners within 500' of the proposed project. A copy of this letter and the list of
property owners is attached for your reference.
We received questions in regard to the letter we sent out from the following parties:
Party
Concern
Date
Jerry Rowe
Traffic concerns on Church
Call 11/09/2020
Emily Turner
Traffic concerns at Church and Monroe
Email 11/13/2020
Matt Monius
Traffic and Noise
Call 11/16/2020
Naresh Choudary
1
Noise
Email 01/19/2021
We received two calls and two E-mail. It was explained to each of individuals that called what
was being proposed at the site. There was concern with the traffic situation at C-15 and Church
for the first two. The third was from the neighborhood to the south and he was concerned with
traffic and noise. Forth was just received and it was a resident to the south concerned about
noise.
To date we have had no other correspondence, either verbally or written with any other parties
that received the CAPP letter.
If you have any questions, please do not hesitate to contact me.
Bryan Potts, P.E.
Tannath Design Inc.
2494 Rose Spring Drive
Orlando, FL 32825
(407) 982-9878
bpotts@tannathdesign.com
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CITY OF SANFORD DEVELOPMENT ORDER Ul Z
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On the day of fL4La-rj 2007, the City of Sanford issued this M 'M
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Development Order relating to and touching and concerning the following described r "' Fn
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property: W
Lot 56, 57, 63, and 64 of the Florida Land and Colonization
Company Limited W. Beardall's Map of St. Joseph's,
according to the plat thereof as recorded in plat book 1, page 0
114 of the Public Records of Seminole County, Florida.
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Less and except the west 200 feet of lot 56. X
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Also less and except the right of way for road lying north of 0
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lots 56 and 57 and East of lot 57. (Tax Parcel Identification
Numbers 16-19-30-5AC-0000-0570, 16-19-30-5AC-0000-
0560, 16-19-30-5AC-0000-0640, 16-19-30-5AC-0000-064A). Z
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Property Owner: McDonald Ventures XXV1, LLC., 3715 Northside Parkway, Z
N.W., Building 200, Suite 700, Atlanta, GA 30327
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Project Name: North Park Commerce Center. a4
Requested Approval: Rezoning to PD zoning classification and Proposed PD A
Master plan.
0 Sanford
The Development Approval sought is consistent with the City of Sar
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Comprehensive Plan, the Land Development Regulations of the City of Sanford, the
controlling provisions of State law and the ultimate development of the property will be
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subject to and consistent with and in compliance to applicable land development
46
regulations and all other applicable regulations and ordinances as set forth in the Code M
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of Ordinances of the City of Sanford, Florida.
The Owner of the property has expressly agreed to be bound by and subject to
g E the development conditions and commitments stated below and has covenanted and
agreed to comply with all following conditions as set forth in Paragraph (3) below.
NOW, THEREFORE, IT IS ORDERED AND AGREED THAT:
(1) The aforementioned application for development approval is GRANTED.
(2) All development of the property shall fully comply with all of the codes and
ordinances in effect in the City of Sanford, Florida, at the time of issuance of the
development order and/or the development permit,
(3) The conditions upon this development approval and the commitment
made as to this development approval, which has been accepted by and agreed to by
the Owners of the property, are as follows:
(a) The development must be generally consistent with the master plan
approved by the City Commission;
(b) Unless specifically noted on the PD Master Plan, all development
standards shall default to the requirements of the RI -1 zoning
district including but not limited to the following:
1. Setbacks and buffers
2. Parking and loading zone requirements
3. Landscaping;
(c) All activities shall be conducted indoors including, but not limited to,
any storage or assembly unless otherwise approved by staff;
(d) Any and all required off-site improvements including, but not limited
to, roads, utilities, and stormwater are to be installed by the owner
or another entity and construction permits may be issued once
there is a commitment on the improvements;
(e) Any wet ponds will require a fountain feature;
(f) Retail sales may be approved as an accessory use on a case by
case basis if approved by staff.
(4) This Development Order touches and concerns the aforedescribed real
property. The Owners of the said property have expressly covenanted and agreed to
these provisions and all other terms and provisions of this Development order.
Page 2 of 4
(5) This Development Order shall be recorded amongst the public records of
Seminole County, Florida by the Clerk of the City of Sanford, Florida.
(6) The terms and provisions of this Development Order are not severable
and in the event any portion of this Development Order shall be found to be invalid or
illegal, then the entire Development Order shall be null and void.
Done and Ordered on the date first above written.
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As approved and authorized for execution by
the City Commission of the City (?f Sanford at
regular meeting of 2000.
Attest
City of Sanford, Florida
JeflV44ug4efty, City Clefk. 0'
r�.v� A
Linda K hn, Mayor
OWNER'S CONSENT AND AGREEMENT
IN WITNESS WHEREOF, the Owners consent and agree to the terms and
conditions of this Development Order and have hereunto set their hands and seals the
day and year shown.
It es,
Signatur
W
ure
Signature
STATE OF FLORIDA
COUNTY OF SEMINOLE
4onaldVe-n-t/u-m-i�')l, L - I -C.,
Date
Page 3 of 4
I HEREBY CERTIFY that, on this day, before me, an officer duly authorized in
the State and county aforesaid to take acknowledgements, personally appeared Todd
Staley, to me known to be the person described in and who executed the foregoing
instrument and _, ts)he acknowledged before me that )he executed the same.
W ESS my hand and official seal in the
day of , 2007.
,+ Mary R Muae
•+ My CottAiWlon DD211344
Exp{roa August O4, 2007
Notary
State s
and State aforesaid this
for the'County and
My Commission Expires
Page 4 of 4
logo plitaign I pill 1111 Will one 1111 file
MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
BK 06833 Pps 0836 — 841; (6pgs)
CLERK'S * 2007141913
RECORDED 10/03/2007 03:13:44 PH
RECORDING FLES 52.50
RECORDED BY G Harford
CITY OF SANFORD
PLANNED DEVELOPMENT ORDER
On they day of 2007, the City of Sanford issued this
Planned Development Order relating to and touching and concerning that real property
described as follows:
Lot 63, St. Joseph's Subdivision, according to the plat thereof
as recorded in Plat Book 1, Page 114, Public Records of
Seminole County, Florida.
containing 10 acres more or less and further described and shown on the Exhibit A
No attached hereto and made a part hereof by this reference.
Property Owner: White Cedar Estates, LLC
Project Name: North Park Commerce Center
Requested Approval: Rezoning to PD, Planned Development, zoning
classification from AG zoning classification
The Planned Development Approval sought is consistent with the City of Sanford
Comprehensive Plan, the Land Development Regulations of the City of Sanford, the
controlling provisions of State law and the ultimate development of the property will be
subject to and consistent with and in compliance to applicable land development
regulations and all other applicable regulations and ordinances as set forth in the Code of
Ordinances of the City of Sanford, Florida.
The Owner of the property has expressly agreed to be bound by and subject to the
Page 1 of 5
development conditions and commitments stated below and have covenanted and agreed
to comply with all following conditions as set forth in Paragraph (3) below.
PLANNING DEVELOPMENT ORDER
NOW, THEREFORE, IT IS ORDERED AND AGREED THAT:
(1) The aforementioned application for planned development approval is
RMIT"B"411
(2) All development of the property shall fully comply with all of the codes and
ordinances in effect in the City of Sanford, Florida, at the time of issuance of the planned
development order and/or the development permit.
(3) The conditions upon this planned development approval and the
commitments made as to this development approval, which have been accepted by and
agreed to by the Owner of the property are as follows:
(a) The Planned Development must be substantially consistent with the
Master Plan presented and approved by the Commission; and the
project currently in place;
(b) Except as specifically notes on the Planned Development Master
Plan, all development standards shall default to the requirements of
the RI -1 zoning district, including, but not limited to the following:
(1) Setbacks and buffers
(ii) Parking and loading zone requirements
(III) Landscaping
(c) All activities at the site shall be conducted indoors, including any
storage or assembly unless otherwise approved in writing by staff
prior to commencement of such activity;
(d) Retail Sales must be approved by staff as an accessory use on a
case by case basis;
(e) Any and all required off-site improvements, including, but not limited
to roads, utilities, and stormwater shall be installed by the owner or
another entity and the construction permits may be issued when there
is a written commitment in hand and approved by the City as to such
Improvements;
Page 2 of 5
Any wet ponds will require a fountain feature; and
(g) Enough right-of-way shall be dedicated so as to complete White
Cedar Road in accordance with plans approved by the City Engineer.
(4) This Planned Development Order touches and concerns the afore described
real property as described in the attached Exhibit A. The Owner of the said property does
hereby expressly covenant and agree by the execution of this Planned Development Order
to be bound by each and every provision, and all of the terms and conditions of this
Planned Development Order.
(5) .his Planned Development Agreement ("Development Order") relating to the
North Park Commerce Center Project shall, subsequent to appropriate execution by all
parties thereto, be recorded in this Official Records of Seminole County, Florida (Land
Records) by the City Clerk.
(6) The terms and provisions of this Planned Development Order are not
severable and in the event any portion of this Development Order shall be found to be
invalid or illegal, then the entire Development Order shall be null and void.
Done and Ordered on the date first above written.
As approved and authorized for
execution by, the City Commission of the
Cl of''-' t its regular meeting of
.2007.
ah�Cou herty, y Clerk
City of Sanford, Florida
Linda KiZn, Mayor --
Page 3 of 5
OWNER'S CONSENT AND AGREEMENT
IN WITNESS WHEREOF, the Owner consent and agree to each and every term
and condition of this Planned Development Order and have hereunto set their hands and
seats the day and year shown.
Witnesses:
Agnature V V Wature
Jam e1A - bo
Signature
STATE OF FLORIDA
COUNTY OF SEMINOLE
Printed Name
C -
Title
T -
A --11-w
Date
I HEREBY CERTIFY that, on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
:5dd as V 'c,--. 0 re- s , 11 de -,J for
- M C"b a:&&& , to me known to be the person described
in and who executed the for going instrument and (s)he acknowledged before me that
(s)he executed the same.
Witness my hand and official seal in the County and State aforesai is �LY'*4d a y
of 2007.
Notary Public, in and for the County and
State aforementioned
My Commission Expires: -71.;2�10r-
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NOM4 powic. %
My Comm expir4 jug 3t6,
Elload iwa 4sNofiton Agency. Inc, (a
Page 4 of.5
The below owner and holder of an encumbrance which affects the real property
described in the attached Exhibit A consents to and agrees to be bound by each and every
of the terms of this Planned Development Order with full knowledge of the North Park
Commerce Center Project and its intended development and use.
Witnesses:
White Cedar Estates, LLC
Signature
-13err5�, IJ -
Printed Name
Title
9 f 18
Date I
�1
Date'
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that, on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared
as
�C:x �(4-��a- 1 — for
t:�" —11-p- L--0(7-541afte -1,' 1- 4-4-c- , to me known to be the person des cri-bed
in and who executed the foregoing instrument and (s)he acknowledged before me that
(s)he executed the same.
Witness my hand and official seal in the County and State aforesaid this ff day
Of 2007.
Nothry Public, in and for the County and
State aforementioned
Lofalv% T), Wilson
My Commission Expires:
jDARMt4E D. WILSONMy COMMISSION DD 269553
EXPIRES: Janu2n