HomeMy WebLinkAbout4330 rezone 2306 W 1st StOrdinance No. 2015-4330
An ordinance of the City of Sanford, Florida relating to the Monroe
Place Planned Development ("PD"); providing for the rezoning of real
property totaling approximately 4.75 acres in size and addressed at
2306 W. 1St Street (Seminole County Property Appraiser Tax Parcel
Identification Number: 26-19-30-300-0070-0000), said property being
located within the City Limits (map of the property attached), from
AG, Agriculture, to PD, Planned Development; providing for the
taking of implementing administrative actions; providing for the
adoption of a map and PD master plan by reference; repealing all
conflicting ordinances; providing for severability; providing for non-
codification and providing for an effective date.
Whereas, Peggy J. Nestor, Trustee, is the owner of certain real property, totaling
approximately 4.75 acres in size (Property Appraiser Tax Parcel Identification Number:
26- 19 -30- 300 - 0070 -0000) said property being located and addressed at 2306 W. 1s,
Street and the owner has applied, through its agent, Jim Hall, AICP, ASLA, of the
Vanasse Hangen Brustlin, Inc. firm (with the proposed developer being Picerne
Development, LLC), to the City of Sanford, pursuant to the controlling provisions of
State law and the Code of Ordinances of the City of Sanford, to have the property,
which is currently assigned the AG, Agriculture, zoning classification, to be rezoned to
the Planned Development, PD, zoning classification with the project being named the
Monroe Place PD; and
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Whereas, the proposed use of the property is for a multi-family residential use;
Whereas, the Citizen's Awareness Participation Plan (CAPP) requirements of
the City relative to the proposed amendment to the Comprehensive Plan have been
met by the applicant to the satisfaction of the City and the CAPP procedures of the City
have been adhered to and honored with a CAPP meeting occurring on November 17,
2014; and
Whereas, the City's Planning and Development Services Department has
conducted a thorough review and analysis of the demands upon public facilities and
general planning and land development issues should the subject application be
approved and has otherwise reviewed and evaluated the application to determine
whether is comports with sound and generally accepted land use planning practices
and principles as well as whether the application is consistent with the goals, objectives
and policies set forth in the City's Comprehensive Plan and determined that the
proposed the amendment of the City's Comprehensive Plan relative to the subject
property as set forth in this Ordinance is internally consistent with the Comprehensive
Plan of the City of Sanford and the controlling provisions of State law; and
Whereas, on December 4, 2014 the Planning and Zoning Commission of the
City of Sanford recommended that the City Commission approve the subject rezoning
as set forth in this Ordinance and, together with the recommendations of the City staff,
recommended normative development conditions as well as the conditions set forth
herein; and
Whereas, the Planning and Zoning Commission and the City Commission have
determined that the proposed the rezoning of the subject property as set forth in this
Ordinance is consistent with the Comprehensive Plan of the City of Sanford, the Land
Development Regulations of the City of Sanford, and the controlling provisions of State
law; and
Whereas, the City Commission of the City of Sanford, Florida has taken all
actions relating to the rezoning action set forth herein in accordance with the
requirements and procedures mandated by State law.
Now, therefore, be it enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings and intent.
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(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 said recitals being
fully adopted and incorporated as an integral part of this Ordinance.
(b). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(c). 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.
(a). Upon enactment of this Ordinance the following property, as depicted in
the map attached to this Ordinance, totaling 4.75 acres in size, shall be rezoned from
the AG, Agriculture, zoning classification, to the Planned Development, PD, zoning
classification for the Monroe Place PD (parcel addressed at 2306 W. 1st Street and
assigned Seminole County Property Appraiser Tax Parcel Identification Number 26-19-
30-300-0070-0000) with the development conditions as set forth herein.
(b). The City Manager, or designee, is hereby authorized to execute any
documents necessary to formalize approval of the rezoning action taken herein and to
revise and amend the Official Zoning Map or Maps of the City of Sanford as may be
appropriate to accomplish the action taken in this Ordinance.
(c). The following conditions shall be incorporated into the pertinent
development order drafted by the City Attorney in a form provided and approved by the
City Attorney. The development order must be signed and executed by the owner within
90 days of the enactment of this Ordinance by the City Commission or the zoning
classification, as modified in this Ordinance, shall, automatically and without any action
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being taken by the City, revert back to the previous AG, Agriculture, zoning
classification. The conditions referenced above relating to the action taken in this
Ordinance include the following:
(1). The property shall be developed in accordance with the Monroe
Place PD Master Plan dated as received November 10, 2014.
(2). Pursuant to Section 4.3.G of the City's Land Development
Regulations, the PD rezoning set forth herein shall expire 3 years from the
effective date of this Ordinance if all improvements have not been
completed or an extension granted. The City may file an affidavit in the
Public Records (Land Records) of the County to implement said expiration
which may only be extended by application and appropriate action being
taken prior to the expiration of this Ordinance.
(3). . Unless specifically noted and approved on the Monroe Place PD
Master Plan, any required elements missing from or not shown on the
Monroe Place PD Master Plan shall otherwise comply with the City's Land
Development Regulations.
(4). A fountain shall be installed in any wet retention pond in manner
acceptable to the City.
(5). A dog walk area with waste collection receptacles shall be provided
within the community in accordance with City requirements.
(6). A Type One, Masonry Wall visual screen with landscaping installed
in accordance with Schedule "J" of the City's Land Development
Regulations shall be installed by the owner along the western property
(7). A Comprehensive Signage Plan in accordance with the
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requirements of the City's Land Development Regulations shall be
submitted for approval to the City.
(8). The owner shall coordinate with LYNX to determine the possible
addition of a bus stop and shelter and/or the extension of bus or transit
services to the property to the satisfaction of the City.
(9). Project parking requirement shall be a minimum of 1.1 spaces per
unit said requirements including parking for guests and employees to be
provided in the area of the clubhouse/leasing office.
(10). The stormwater system on the property may be required by the City
Engineer to be designed above minimum requirements depending on soil
conditions, season high water table, and other considerations. These
conditions may require underdrains being installed based on the amount
of fill placed on the property. The City shall consider approval of this
requirement under the standard of prior similar approvals by the City
Engineer relating to similar projects.
(11). The following elements shall be considered during the development
plan review and, if City staff and the owner are unable to resolve issues
relating to the details of enhancement, the disputed matter will be
presented to the Planning and Zoning Commission for consideration in a
quasi-judicial proceeding.
(A). Site improvements shall include the incorporation of
low impact development (LID) techniques and be consistent
with crime prevention through environmental design
(CPTED) guidelines.
(B). Elements of the building construction shall
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incorporate LEED, Florida Green and other equivalent
energy savings standards.
(C). Architectural elevations shall reflect urban design
elements which are consistent with the overall development
and such matters shall be reviewed during the Development
Plan review process.
(12). Prior to demolition of any structure on the property, the owner shall
work with an appropriate organization to deconstruct salvageable
materials for recycling and reuse rather than placing such materials into a
landfill.
(13). Additional uses that are not identified on the Monroe Place PD
Master Plan shall be limited to those listed as permitted uses that are
permitted within the MR -3, Multiple - Family Residential, zoning
classification including, but not limited to, the requirement for any
conditional use approvals.
Section 3. Incorporation of documents. The documents attached to this
Ordinance are hereby ratified and affirmed and incorporated into this Ordinance as a
substantive part of this Ordinance.
Section 4. Conflicts. All ordinances or part of ordinances in conflict with this
Ordinance are hereby repealed.
Section 5. Severability. If any section, sentence, phrase, word, or portion of
this Ordinance is determined to be invalid, unlawful or unconstitutional, said
determination shall not be held to invalidate or impair the validity, force or effect of any
other section, sentence, phrase, word, or portion of this Ordinance not otherwise
determined to be invalid, unlawful, or unconstitutional.
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Section 6. Non - codification. This Ordinance shall be not be codified in the
City Code of the City of Sanford or the Land Development Code of the City of Sanford;
provided, however, that the actions taken herein shall be depicted on the zoning maps
of the City of Sanford by the City Manager, or designee, and; provided, further,
however, that technical issues relative to the action taken herein may be addressed
administratively for example by correction of Scrivener's errors in this, or other,
documents.
Section 7. Effective Date This Ordinance shall take effect immediately upon
the execution and recording of the Development Order referenced in this Ordinance;
provided, however, that said Development Order must be fully executed and delivered
to the City Clerk for recording within 90 days of the date of enacted of this Ordinance.
Otherwise, this Ordinance shall be null and void and of no force and effect.
Passed and adopted this 12th day of January, 2015.
Attest: City Commission ofj the City of
Sanford, Florida � I
Cynthia Porter, City Clerk
Jeff Triplett,
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DOCUMENTS ATTACHED HERE
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