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4692 Rezone 4.38 Acres - 3320 West 1st StreetOrdinance No. 2022-4692 An ordinance of the City of Sanford, Florida relating to a Planned Development (PD) by rezoning 4.38 acres in size; providing for the rezoning of real property generally addressed and located at 3320 West 1st Street and assigned Tax Parcel Identification Number 22-19-30-SAD-0000-0390 by the Seminole County Property Appraiser which parcel is located within the City Limits (map of the subject property attached); providing for findings and intent, development conditions and the resolution of disputes by the Planning and Zoning Commission; providing for the taking of implementing administrative actions; providing for the adoption of a map and approving of the PD Master Plan & Elevation; 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 4.38 acres of real property generally addressed as 3320 West 1st Street (the "Property") as a part of a Planned Development (PD) zoning classification/district being named the Rainbow Distributers PD, Planned Development; and Whereas, Harvest Time International, Inc., a Florida corporation, (hereinafter referred to as the "Property Owner") is the owner of the Property which is the subject of this Ordinance (Tax Parcel Identification Number 22-19-30-5AD-0000-0390 as assigned by the Seminole County Property Appraiser); and Whereas, the subject real Property (a site 4.38 acres in size) is located on the north side of 1$t Street (a/k/a State Road 46) approximately 591 feet east of Harvest Time Drive and is generally addressed as 3320 West 1st Street; and Whereas, John Spolski of Tornkat Enterprises, LLC, a Florida limited liability company, is serving as the applicant and representative of the Property Owner; and Whereas, the Rainbow Distributers Master Plan Property totals approximately 4.38 acres in size consisting of Tax Parcel Identification Number 22-19-30-5AD-000-0390 owned by Harvest Time International, Inc., a Florida corporation; and Whereas, Arthur J. Murphy, Jr. is the Chairman, Director and President, Mary H. Murphy is the Vice Chairman, Director and Vice President Harvest Time International, Inc; and Whereas, the Property was annexed into the City Limits of the City by means of the City Commission enacting Ordinance Number 3963 on November 28, 2005 upon petition by the then property owner and, upon annexation, in accordance with the requirements of controlling Florida law, the City must assign a City land use designation and zoning district/classification to the property; and Whereas, Mr. Spolski was responsible for completing the modified CAPP (Citizens Awareness and Participation Plan) process which was accomplished to the satisfaction of the City and during the CAPP process the following concept plan for a wholesale distribution facility issues was discussed. The PD as proposed will: 1 allow indoor wholesale storage and distribution, and general office. The proposed uses are in line with its underlying land use of WIC (Westside Industry and Commerce). 2. seek a reduction to the minimum parking standards required by Schedule H, Section 7.0, Off -Street Parking Requirements. The code requires one space per 1,000 square feet of Gross Floor Area (GFA) used for wholesale and storage, totaling 56 spaces, plus an additional four spaces per 1,000 square feet of GFA of office, totaling 16 additional parking spaces. The total required parking is 72 spaces, The applicant has proposed 1.03 spaces per 1,000 square feet of GFA, totaling 58 parking spaces. This amounts to a 20 percent reduction in the required parking. 2 1 P a e ; and Whereas, the subject real Property is located within Sub -Planning Area 8 of 2015 Seminole County/City of Sanford Joint Planning Agreement (JPA); and Whereas, Exhibit "D" of the JPA and Exhibit C of the Future Land Use Map describes equivalent future land use designations in the City and the County comprehensive plans which land use designations have been deemed equivalent due to their similar intensities and densities of allowable development; and Whereas, the approved Rainbow Distributors PD permits a mixed use of office / warehouse for wholesale distribution; and Whereas, as part of the re -design, no net change in residential density is being proposed in the part of the PD project assigned the Westside Industry and Commerce (WIC) future land use designation. The PD remains consistent with the approval conditions in place from the prior ordinance; and Whereas, the City's Planning and Development Services Department has conducted a thorough review and analysis of the demands upon public facilities and recommended that the subject rezoning application be approved having determined that the proposal is technically sufficient and consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford, the City's Land Development Regulations (LDRs), and the controlling provisions of State law; and Whereas, the City of Sanford Planning and Zoning Commission considered the rezoning application submitted by the Applicant at its April 7, 2022 meeting and unanimously recommended that the City Commission adopt an ordinance to rezone the 3 1 P a 2 e subject Property to Rainbow Distributors PD, Planned Development for the proposed Rainbow Distribution warehouse and office to be located at 3320 West 1st St based on consistency with the goals, objectives and policies of the City's Comprehensive Plan as recommended by staff and subject to a development order that includes all recommended conditions and standards. Whereas, the City's planning and development staff recommended approval of this Ordinance subject to normative development detailed development requirements and conditions some of which, if not later resolved, shall be subject to resolution by the Planning and Zoning Commission; and Whereas, the City 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 Rainbow Distributors PD, Planned Development 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 41Pat7e 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 Comprehensive Plan of the City of Sanford. Section 2. Rezoning of real property/implementing actions; the Rainbow Distributors PD, Planned Development. A. Upon enactment of this Ordinance the subject property, as depicted in the map attached to this Ordinance (Tax Parcel Identification Number 22-19-30-5AD-000-0390) shall be rezoned to the Rainbow Distributors PD, Planned Development. 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 Rainbow Distributors PD, Planned Development 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: 5 1 P ag e Z� 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. Unless specifically requested and approved on the PD Master Plan, any required elements missing from or not shown on the PD Master Plan shall comply with the City's LDR. 3. A development plan prepared and sealed by a licensed Florida professional engineer meeting the requirements of the City's Land Development Regulations must be submitted and approved prior to any construction on site and, with regard to this requirement, a separate development plan is required for each parcel, outparcel, or phase proposed for development within the Rainbow Distributers PD. 4. A decorative and functional fountain shall be installed in all wet retention ponds as part of development approval which approval shall provide for ongoing maintenance requirements and responsibilities upon the appropriate party, but not the City. 5. If City staff and the Property Owner are unable to agree to the details of this Development Order in any way, the matter will be submitted to the Planning and Zoning Commission or the Historic Preservation Board, whichever is appropriate, for resolution at a public hearing, and the matter will be adjudicated by means of a development order or denial development order relating thereto. Section 3. Incorporation of map and rainbow Distributors PD, Planned Development Master Plan. 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 Rainbow Distributors PD, Planned Development. Section 4. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. 6 1 F, a o e Z7 Section 5. Severabillity. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. Section 6. Non -codification; Implementation. A. This Ordinance shall not be codified in the City Code of the City of Sanford or the City's LDRs; provided, however, that the actions taken herein shall be depicted on the zoning maps of the City of Sanford by the City Manager, or designee. B. The City Manager, or designee, shall implement the provisions of this Ordinance by means of a non -statutory development agreement which shall be executed by the Property Owner, or their successor(s) in interest within 60 days of the effective date of this Ordinance or the subject property's zoning classification shall revert to an un-zoned property status. C. The non -statutory development agreement referenced in Subsection (b).of this Section shall be and constitute a development order and shall not create contractual rights of the Property Owner against the City nor contractual obligations of the City to the Property Owner and, to that end, the Property Owner shall have no contractual rights or remedies against the City with regard to any land use action of the City. D. The City has not waived any rights or remedies by taken the action set forth herein or in the implementing development agreement and any successive development orders and reserves any and all rights and remedies available to the City under controlling 7 1 P a gr e 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. Passed and adopted this 9th day of May, 2022. Attest: City Commission of th4% City of Sanford, Florida , IT By: Ry. 0P 6dru ft 'Art Traci Houchin, MMC FCRM City Clerk Mftyor Approved as to form and lega su acieho' Y17 31/ ii�llr ilIP: LYTT'HIM, 8 1 P t I g " WS— RM X Item No. CITY COMMISSION MEMORANDUM 22-144 MAY 9,2022 AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: Eileen Hinson, AICP — Planning Director❑ SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City MaKdger ❑ SUBJECT: Rezone 4.38 acres from the Hudson Furn?(u're PD, PIaed Development, 2 to Rainbow Distributors PD, Planned Development;20 West I st Street STRATEGIC PRIORITIES: F-1 Unify Downtown & the Waterfront F1 Promote the City's Distinct Culture n Update Regulatory Framework F] Redevelop and Revitalize Disadvantaged Communities ;3�•1� A request to rezone 4.38 acres from the Hudson Furniture PD, Planned Development, to Rainbow Distributors, PD, Planned Development for an office / warehouse for wholesale distribution, located at project address 3320 West 1" Street. The property owner is Harvest Time International, Inc., a Florida corporation. The applicant is John Spolski of Tomkat Enterprises, LLC, a Florida limited liability company. The applicant, John Spolski, was responsible for completing the CAPP (Citizens Awareness and Participation Plan) process. A summary of the CAPP is attached to this report. The Affidavit of Ownership and Designation of Agent forms are attached and additional information is available in order to ensure that all potential conflicts of interest are capable of being discerned. FISCAL/STAFFING STATEMENT: Annexation Parcel ID Assessed Tax Bill Current Use Ordinance Value (2021) (2021) Ordinance 3963 22-19-30-5AD-0000-0390 $1,010,873 $0.00 Vacant November 28, Commercial 2005 The table above provides a fiscal summary of all six parcels associated with the Kentucky Street PD. Rezoning the Rainbow Distributors PD will generate ad valorem and other potential revenues. No additional staffing is anticipated if the land use amendment is approved. BACKGROUND: The above referenced property is located at the north side of I" Street (a.k.a. State Road 46) approximately 591 feet east of Harvest Time Drive. The Sanford City Commission adopted Ordinance No. 3963 on November 28, 2005 annexing the property into the City. On February 13, 2006, the subject property was rezoned from A-1, Agriculture (Seminole County) to PD, Planned Development (City of Sanford) for the Hudson Furniture Expansion PD. The Hudson Furniture PD permitted a mixed use of retail / office / warehouse. The applicant is seeking to rezone the property to PD, Planned Development to establish an office / warehouse for wholesale distribution. The Hudson Furniture PD has expired, therefore any future use of the subject property requires a rezone with a new PD, Master Plan. This PD rezone will replace the previously approved uses with the adoption of the proposed Rainbow Distributers Master Plan. Seminole County Joint Planning Agreement (JPA) Per Exhibit B of the 2015 City of Sanford/Seminole County Joint Planning Agreement (JPA), the HIP-TI, High Intensity Planned Development Target Industry (Seminole County Land Use Designation) is equivalent to the WIC, Westside Industry and Commerce (City of Sanford Land Use Designation) in this specific segment of SR 46. Exhibit B describes equivalent future land use designations in the City and the County comprehensive plans. The designations have been deemed equivalent due to their similar intensities and densities of allowable development. The "Westside Industry and Commerce" (WIC) area is a mixed use designation intended to promote the development of employment centers in the vicinity of the West SR 46 corridor and the commuter rail station. The corridor's proximity to 1-4 as well as SR 417 and the SunRail commuter line provides access to regional markets and a substantial labor force. The WIC designation permits both a vertical and horizontal land use mix of commercial, office, residential with a maximum residential density of 20 dwelling units per acre. The subject property is located in Sub -Planning Area 8, identified within the Seminole County / City of Sanford Joint Planning Agreement. Per Exhibit D of the JPA and Exhibit C the following excerpts apply to this land use conversion. All lands in this area annexed by the City subsequent to the JPA have received land use designations of Westside Industry Commerce (WIC), the City's equivalent designations to HIP- TI. City and County Comprehensive Plan policies for this area are very similar. The City's densities and floor areas are slightly less intense than the County's. The County and the City established gateway corridor standards for SR 46 to ensure compatible and aesthetically pleasing development in the area. This area is developing rapidly, consistent with both the City and the County's Comprehensive Plan policies and corridor standards. The County and City, working together, have been successful in minimizing urban sprawl, providing affordable housing opportunities and targeting industrial and commercial growth in this area. Both the County and the City will continue to ensure that the area is developed consistent with their mutually agreed upon standards and policies. Sub -Planning Area 8 should be reserved for target industry and SunRail supporting development as there is limited vacant acreage available on which target industry will site. According to the JPA, single-family and low or medium density residential developments are not compatible within this area. The requested rezone to establish the Rainbow Distributers PD is consistent with the Goals, Objectives and Policies of the City of Sanford Comprehensive Plan. The following comprehensive plan goals and policies are applicable to the request: Future Land Use Objective FLU 13: Implement the Future Land Use Map Series. The maximum density and Floor Area Ratio for the WIC, Westside Industry and Commerce future land use is as follows: Land Use Map Symbol Density/Intensity (Max) Designations 10 dulacre Residential with a 10% threshold. Westside Industry & WIC 20 du/acre Residential with a 40% threshold Commerce 0.50 FAR for Commercial with a 15% 150% threshold 1 0.50 FAR for Industrial with a 30% / 75% threshold OBJECTIVE FLU 1.12: Promote Westside Industry and Commerce (WIC). The "Westside Industry and Commerce" (WIC) area is a mixed use designation intended to promote the development of employment centers in the vicinity of the West SR 46 corridor and the commuter rail station. The WIC land uses shall include commerce, industry, and high density residential development. Policy FLU 1.12.1 Establish parameters for development within the WIC. The WIC designation permits both a vertical and horizontal land use mix of commercial, office, residential, and the maximum intensity for commercial, office, and industrial development as a floor area ratio is 0.50. The residential density shall be a minimum of 10 dwelling units per acre and a maximum of 20 dwelling units per acre, where compatible with adjacent uses. Policy FLU 1.12.1 Establishes parameters for development within the WIC. All new development within the 1-4 High Intensity Area must conform to the following performance criteria established under Policy FLU 1.1.7, as well as those criteria listed below: • Requirements and procedures for obtaining a WIC mixed use Future Land Use Map designation and appropriate zoning; Standards for controlled access and internal circulation, including cross access easements and joint use of driveways; Development standards for Gateway Corridor Development Districts, including requirements for buffer yards, landscaping, and screening, off-street parking, and signage; and Planning and management criteria regulating the land use mix, intensity, and qualitative standards for assuring land use compatibility and consistency with the Comprehensive Plan. Citizens Awareness and Participation Plan The City's Citizens Awareness and Participation Plan requirement is designed to focus attention on the importance of citizen participation early in the planning process and its relationship to completing a successful development project in Sanford. A Citizens Awareness Participation Plan (CAPP) meeting was conducted at which time the applicant provided a concept plan for a wholesale distribution facility. The PD, as proposed, will allow indoor wholesale storage and distribution, and general office. The proposed uses are in line with its underlying land use of WIC. Additionally, the applicant is seeking a reduction to the minimum parking standards required by Schedule H, Section 7.0, Off -Street Parking Requirements. The code requires one space per 1,000 square feet of Gross Floor Area (GFA) used for wholesale and storage, totaling 56 spaces, plus an additional four spaces per 1,000 square feet of GFA of office, totaling 16 additional parking spaces. The total required parking is 72 spaces. The applicant has proposed 1.03 spaces per 1,000 square feet of GFA, totaling 58 parking spaces. This amounts to a 20 percent reduction in the required parking. Staff supports a reduction in the required parking, as compliance would require additional impervious and reduce the proposed 45 percent open space. In accordance with the recommendation of staff, on April 7, 2022, the Planning and Zoning Commission recommended that City Commission approve the request to rezone 4.38 acres at project address 3320 West Ist Street from the Hudson Furniture PD, Planned Development to Rainbow Distributers; PD, Planned Development based on the request being found to be consistent with the Comprehensive Plan and subject to a Development Order with all recommended conditions. LEGAL REVIEW: The City Attorney may or may not have reviewed the staff report and the specific analysis provided by staff, but has noted the following that should be adhered to in all quasi-judicial decisions: Section 166.033, Florida Statutes, as amended in Chapter 2021-224, Laws of Florida (deriving from Committee Substitute for Committee Substitute for House Bill Number 1059) provides as follows (please note emphasized text): "166.033 Development permits and orders.— (1) Within 30 days after receiving an application for approval of a development permit or development order, a municipality must review the application for completeness and issue a letter indicating that all required information is submitted or specifying with particularity any areas that are deficient. If the application is deficient, the applicant has 30 days to address the deficiencies by submitting the required additional information. Within 120 days after the municipality has deemed the application complete, or 180 days for applications that require final action through a quasi-judicial hearing or a public hearing, the municipality must approve, approve with conditions, or deny the application for a development permit or development order. Both parties may agree to a reasonable request for an extension of time, particularly in the event of a force majeure or other extraordinary circumstance. An approval, approval with conditions, or denial of the application for a development permit or development order must include written findings supporting the municipality's decision. (2) (a) When reviewing an application for a development permit or development order that is certified by a professional listed in s. 403.0877, a municipality may not request additional information from the applicant more than three times, unless the applicant waives the limitation in writing. (b) If a municipality makes a request for additional information and the applicant submits the required additional information within 30 days after receiving the request, the municipality must review the application for completeness and issue a letter indicating that all required information has been submitted or specify with particularity any areas that are deficient within 30 days after receiving the additional information. (c) If a municipality makes a second request for additional information and the applicant submits the required additional information within 30 days after receiving the request, the municipality must review the application for completeness and issue a letter indicating that all required information has been submitted or specify with particularity any areas that are deficient within 10 days after receiving the additional information. (d) Before a third request for additional information, the applicant must be offered a meeting to attempt to resolve outstanding issues. If a municipality makes a third request for additional information and the applicant submits the required additional information within 30 days after receiving the request, the municipality must deem the application complete within 10 days after receiving the additional information or proceed to process the application for approval or denial unless the applicant waived the municipality's limitation in writing as described in paragraph (a). (e) Except as provided in subsection (5), if the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the municipality, at the applicant's request, shall proceed to process the application for approval or denial. (3) When a municipality denies an application for a development permit or development order, the municipality shall give written notice to the applicant. The notice must include a citation to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the permit or order. (4) As used in this section, the terms "development permit" and "development order" have the same meaning as in s. 163.3164, but do not include building permits. (5) For any development permit application filed with the municipality after July 1, 2012, a municipality may not require as a condition of processing or issuing a development permit or development order that an applicant obtain a permit or approval from any state or federal agency unless the agency has issued a final agency action that denies the federal or state permit before the municipal action on the local development permit. (6) Issuance of a development permit or development order by a municipality does not create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. A municipality shall attach such a disclaimer to the issuance of development permits and shall include a permit condition that all other applicable state or federal permits be obtained before commencement of the development. (7) This section does not prohibit a municipality from providing information to an applicant regarding what other state or federal permits may apply." Thus, if this application is denied, a denial development order must be issued which must cite to the applicable portions of each ordinance, rule, statute or other legal authority supporting the denial of the application. For example, if a goal, objective or policy of the Sanford Comprehensive Plan were to be the basis for a denial, then such goal, objective or policy must be part of the motion proposing the denial. As noted above, an approval, approval with conditions, or denial of the application for a development permit or development order must include written findings supporting the decision. Accordingly, motions must state, with particularity, the basis for action. The term "development order" is defined as follows: " ... any order granting, denying, or granting with conditions an application for a development permit." (Section 163.3164(15), Florida Statutes). The term "development permit" is defined as follows: " . . . includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land." (Section 163.3164 (16), Florida Statutes). The terms are, of course, broad and comprehensive in their meanings. The City Commission has also expressed its desire for all who vote against the majority decision to express the rationale for their vote with regard to all such matters. The City Commission approved Ordinance No. 4692, on the first reading on April 25, 2022. The City Clerk published notice of the 2 d Public Hearing in the Sanford Herald on April 27, 2022. RECOMMENDATION: The Planning and Zoning Commission, in accordance with the recommendation of staff, recommend that the City Commission adopt an ordinance to rezone 4.38 acres at project address 3320 West Is' Street from the Hudson Furniture PD, Planned Development to Rainbow Distributers PD, Planned Development to be consistent with the Comprehensive Plan. The Planning and Zoning Commission shall conduct a public hearing to determine if the proposed rezoning is 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 improvements have not been completed or an extension granted. 2. Unless specifically requested and approved on the PD Master Plan, any required elements missing from or not shown on the PD Master Plan shall comply with the City's LDR. 3. A development plan prepared and sealed by a licensed Florida professional engineer meeting the requirements of the City's Land Development Regulations must be submitted and approved prior to any construction on site and, with regard to this requirement, a separate development plan is required for each parcel, outparcel, or phase proposed for development within the Rainbow Distributers PD. 4. A decorative and functional fountain shall be installed in all wet retention ponds as part of development approval which approval shall provide for ongoing maintenance requirements and responsibilities upon the appropriate party, but not the City. 5. If City staff and the Property Owner are unable to agree to the details of this Development Order in any way, the matter will be submitted to the Planning and Zoning Commission or the Historic Preservation Board, whichever is appropriate, for resolution at a public hearing, and the matter will be adjudicated by means of a development order or denial development order relating thereto. Additional comments or recommendations may be presented by staff at the meeting. SUGGESTED MOTION: "I move to adopt Ordinance No. 4692." Attachments: Project Information Sheet PD Master Plan & elevation Site Aerial Map Zoning Map Affidavit of Ownership CAPP Meeting Report Ordinance No. 4692 PROJECT INFORMATION - 3320 WEST I STSTREET PLANNED DEVELOPMENT REZONE Requested Action: Rezone 4.38 acres from the Hudson Furniture PD, Planned Development (City of Sanford) to Rainbow Distributers PD, Planned Development (City of Sanford) at the project address of 3320 West I st Street Proposed Use: Office, Warehouse and Distribution Project Address: 3320 West I st Street Current Zoning: Hudson Furniture PD, Planned Development (City of Sanford) Proposed Zoning: Rainbow Distributers PD, Planned Development (City of Sanford) Current Land Use: Vacant Commercial Tax Parcel Number: 22-19-30-5AD-0000-0390 Site Area: 4.38 Acres Property Owners: Harvest Time International Inc. 3310 State Road 46 Sanford, FL 32771 Applicant/Agent: John Spolski 1425 E Airport Boulevard Sanford, FL 32773 Phone: 407-322-8424 CAPP Meeting: A CAPP meeting was held on November 4, 2021 Commission District: District 2 — Kerry Wiggins, Sr. COMPREHENSIVE PLAN COMPLIANCE REVIEW Planning staff has reviewed the request and has determined the use and proposed improvements to be consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Future Land Use: WIC, Westside Industry and Commerce (4.38) acres. Existing Land Use: Vacant Commercial Surrounding Uses and Zoning: Zoniin2 Use North A-], Agriculture (County) Vacant Residential South C-2, Retail Commercial Metal Recycling Facility East PD, Planned Development Warehouse / Office lRetail West C-2, Retail Commercial Truck Sales and Rental CITY OF S ORD PLANNING & DEVELOPMENT SERVICES DEPARTMENT AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT Pleasp use additio�nalt sheet, as needed. if any additional sheets are attached to this document, please sign here and note below: Ownership HARVEST TIME II:TBBiliATIONAL, INC. hereby attest to ownership of the property described below: Tax Parcel Number(s): 22-19-30-5AD-0000-0390 Address of Property: 3320 W. 1st Street Sanford, FL 32771 for which this Zonin&__ PD Expired) _ application is submitted to the City of Sanford. It. 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 contain Vn the application is accurate and complete to the best of my personal knowledge. Applicant's Agent (Print): John K. Spolaki Signal, Agent Address: 1425E Airport Boulevard, Sanford, FL Email: spolski@spolski.com _ Phone: 407- —8424 tit. 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.) Limited to obtaining a land use compliance certificate and associated items needed for site plan approval The owner of the real property associated with this application or procurement activity is a (check one) .- Individual x Corporation in Land Trust r: Partnership n Limited Liability Company c: 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 corporations stock are traded publicly on any national stock exchange. SEE ATTACIiET1 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: VY 0 F S NF RD PLANNING 84 DEVELOPMENT SERVICES DEPAR"I'l-AENT 4. For partnerships, including limited partnerships, list the name and arfaiest, of each principal in the partnership, mcluding general or limited partners. If any partner is a Corporation. please provide the information required in paragraph 2 above- 5 For each limited liability comUny, lis! 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/of 4 pLove Name of LLC: 6 In the c!r0L1WStanCe* Of A contract for purchase Ifsl lle names .,ind adoress, of each �orrtract purchaser, If the purchaser is a Corporation. *rust partnership. or L1C, provide the infutination required for those entities in paragraphs 2. 3, 4 andior 5 above. Name of Purchaser: TOKKAT ENTERPRISES, LLC Date of Contract: 09/27/2021 ADDRESS % OF INTEREST (Use additional sheets for more space) 7 As to any type of owner referred to awve, a change cif ownersnip occticing subsequent to the execution of this document shall be disclosed in writing to the City prior to any action being taken by the 'fly as to the matter relative to which this document pertains 8 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry ! understand that any failure to make mandated disciosures is grounds for the subject rezone, future land use amendment, special exception, or variance involved with this Application to become void o, for the submission for a procurement activity to be non- responsive, I certify that 1 am legally authorized to execute th;s Affidavit and to bind the Applicant of Vendor to the disclosures herein Date Ow ner, Agent, plicint girgn—atuire STATE OF FLORIDA) COUNTY OF SEMINOLE I HEREBY CERTIFY t!iptt ,n th,s fay k, 1,0 officer n!iTy A;i!hor170e, it; adr*trnrster Oaths and take acknOwIpcigirrients• who is personaliv known to iiie or t, I wno produced oersonaliy appeared} n 'ut e same Sworn and subscribed before me, by as identification and acknowledged before me that s/he exei. ed th by rneans of Wphysical presence or 11 ) online notaitzation on the _r day of jjhid person did take an oath and was first duty swarn by me. on oath said person further, deposing and sayinf; that s/he hffll Woregoing and that the statements and alleoat"ons contained herein are true and correct X'N Illy W1 aridakriaLsea the County and State!ast aforesaid t. is day of Z 0 Z K N EY OME WWAMS 11 4 i Koury suWk - StAte of Fsoyi& 71 my comm. Ewrts stv 24, 2024 SjajE tit i-!r.rt-.jj krided thto* gewWw Koury Asson, ;Afiix Notaria.; Sea;, "tinted Natne_ 4 WI-f 2 pRopa*ff OWM INFOATION "ARVEST-7 6 W AF- _ Z , -.,e, TIME 4 I.---- CARING Hwy 5HARING Board of Directors — 12/31/2019 Arthur J. Murphy Jr. Founder & President Chairman Harvest Time International Mary H. Murphy Founder & Vice President 1,'ice-Chair I larvest'rime International Raymond Bryan Sole Proprietor Director Raymond C. Bryan, Attorney at Law Gus Davies Pastor Director Northland Church Tony Elias Owner Director T&J Motors Aida Ellis Owner Director Magnolia Hills Sam Hinn Senior Pastor Director The Gathering Place Guy lannello Senior Pastor Director Total Freedom/True Ministries Joe Manno President Director RTC Entertainment Larry Mauriello Director of Business Development Director Benny Iiinn Ministries. Inc. Dr. Decker Tapscott Senior Pastor Director Faith Christian Church Dorothy Murphy Partner Relations Director Director. Secretury Harvest International Andre Smolinsky Chief Operating Officer Director. Treasurer Harvest 'rime International HanvstTinie International, Inc. BE,9,r A ik)WX I) Non-Protit Organiumon 225 North Kennel Road - Sanford, Florid.1 12771 407.328,T900 0 CONTRACT FOR PURCHASE INFORMATION: Name of purchaser I"OMKA,r EIN'rl"RPRISE-S. Ilk Date of contract: 091127/2021 Manager Menitw-rs: Kyle Kilger (50%4) membership interest) 1094 Henley Downs Heathrow, Fl. 32740 2) Tarni F. Kilger (50% membership interest) 1094 Henley [)owns Heathrow. IT 32740 STEPHEN H. COOVER, PLLC STEPHEN H. COOVER, ESQUIRE PRACTICE LIMITED TO REAL ESTATE LAND USE AND RELATED MATTERS November 8, 2021 Mrs. Eileen Hinson, AICP Planning Director Planning and Development Services City of Sanford 300 North Park Avenue Sanford, FL 32771 RE: 3320 West 1" Street, Sanford, FL 32771 Parcel Number: 22-19-30-5AD-0000-0390 Dear Mrs. Hinson: 230 NORTH PARK AVENUE SANFORD, FLORIDA 32771 PHONE: (407) 322-4051 EMAIL: steve.coover@hmc-pa.com PD. This letter shall serve as our Final Report under the CAPP process for the old Hudson Furniture A letter explaining what is being done with this parcel was sent via US Mail on October 21, 2021 to the property owners within 500' of the proposed project. A copy of this letter and the list of property owners receiving notice is attached for your reference. There were no property owners in attendance at the CAPP meeting and to date we have had no correspondence, either verbally or written, with any parties that received the CAPP letter. If you have any questions, please do not hesitate to contact me. SHC/mjr Enclosures V 91Y er�� 2, T' Stephen H. Coover % ) 17-1 . LjUUVIt-H, t-LLU STEPHEN H. COOVER, ESQUIRE PRACTICE LIMITED TO REAL ESTATE LAND USE AND RELATED MATTERS Dear Neighbor Subject: Dear Property Owner: October 21, 2021 3320 West l't Street, Sanford, FL 32771 Parcel Number: 22-19-30-5AD-0000-0390 230 NORTH PARK AVENUE SANFORD, FLORIDA 32771 PHONE: (407) 322-4051 EMAIL: steve.coover@hmc-pa.com This letter is to inform you of the potential future development of the above property located on West First Street within the City of Sanford, identified above. The subject property is currently zoned Agriculture (AG) with a future land use designation of Westside Industry and Commerce (WIC). Our development application will request a PD rezone for an industrial/office use before the City of Sanford Planning & Zoning Commission. My office represents the proposed Buyer, Tornkat Enterprises, LLC. Attached is our proposed site plan. You are receiving this notification because you own property within five hundred (500) feet of the site. We will hold a meeting at our office on Thun. day, N'ovember 4, 2021 front f.30, gnL — 5:30 P.m., to discuss specifics of this request, or you can simply contact our office by phone (at the number above) or by email (Lteve.coover RZ hmc- pg,.com) instead of coming in person with any questions you may have. W/mir Enclosure Very truly yours, Stephen H. Coover Cl ypl pmL CL 0 r, z m � r V- V C�V r FTT ,Is mves FiSrOHRUWA (12808OUCA ONOJ 19M do g Qo q .28 (KLNnoo) vv tp RAINBOW DISTRIBUTORS 4 Nle 22-19-30-5AD-0000-0380 COMMERCIAL TRUCK SALES & EXPORT INC 3400 SR 46 SANFORD, FL 32771 22-19-30-5AD-0000-034E AKERS, CHERYL D 371 SAN ROQUE LN SANFORD, FL 32771 26-19-30-5AE-1700-0000 NAGRANI, KISHIN & BALJIT K 2555 S ATLANTIC AVE PH 5 DAYTONA BEACH, FL 32118 22-19-30-5AD-0000-034A JIMENEZ, HORACE HEIRS CIO SCPANO HIS T0RICALADDRESS1101 E 1ST ST SANFORD, FL 32771 22-19-30-5AD-0000-034G HARVEST TIME INTERNATIONAL INC 225 HARVEST TIME DR SANFORD, FL 32771 22-19-30-5AD-0000-034F RIBBE, PHILLIP R & ANTONIETA 361 SAN ROQUE LN SANFORD, FL 32771 22-19-30-5AD-0000-040A HUDSONS FURNITURE SHOWROOM INC 3290 SR 46 SANFORD, FL 32771 22-19-30-5AD-0000-034C FANSLER, BRIAN L 350 SAN ROQUE: LN SANFORD, FL 32771 26-19-30-5AE-310A 0000 TRADEMARK METALS RECYCLING LLC 5401 W KENNEDY BLVDSTE 400 TAMPA, FL 33609 22-19-30-5AD-0000-0050 SR 46 LAND INVESTORS LLC 921 N PENNSYLVANIA AVE WINTER PARK, FL 32789 22-19-30-5AD-0000-0340 HARVEST TIME INTERNATIONAL INC 225 HARVEST TIME DR SANFORD, FL 32771 22-19-30-5AD-0000-034B HARVEST TIME INTERNATIONAL INC 225 HARVEST TIME DR SANFORD, FL 32771 22-19-30-5AD-0000-0390 HARVEST TIME INTERNATIONAL INC 3310 SR 46 SANFORD, FL 32771 22-19-30-5AD-0000-0350 HARVEST TIME INTERNATIONAL INC 225 HARVEST TIME DR SANFORD, FL 32771 26-19-30-5AE-3100-0000 SANFORD 46 LLC 530 S RONALD REAGAN BLVD#100 LONGWOOD, FL 32750 26-19-30-5AE-170A-0000 AWN PROPERTIES LLC 2211 SOARING EAGLE PL. 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