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HomeMy WebLinkAbout4389 All Souls PDOrdinance No. 2016 -4389 An ordinance of the City of Sanford, Florida relating to a total amendment of the previously approved All Souls Catholic Church and High School Planned Development (PD) to a new PD to be known as the All Souls Transit Village PD and approving a new PD master plan; providing for the rezoning of real property located at 3280 West 1st Street and assigned Tax Parcel Identification Numbers 22 -19 -30 -5AD- 0000 -0050 and 22 -19 -30 -5AD- 0000 -0280 within the City Limits (map of the 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, a request to amend the previously approved All Souls Catholic Church and High School PD located at 3280 West 1st Street by changing the proposed high school to an elementary school and adding multiple family residential, age restricted residential, office and retail uses to the existing PD; and Whereas, the prior PD was approved by means of the enactment of Ordinance Number 3614 by the City Commission of the City of Sanford on February 26, 2001; and Whereas, to implement that plan of development the All Souls Transit Village PD Master plan has been developed; and Whereas, the property owner of the PD property is Bishop Thomas G. Wenski, c/o Diocese of Orlando; and Whereas, the applicant for the PD approval is Raymond R. Bradick of PKA Orlando, Inc. who was responsible for completing the Citizen Awareness and Participation Plan (CAPP) meeting requirements of the City; and Whereas, the amendment of the All Souls Church and High School PD l�i'a4, supports the Update Regulatory and Redevelop and Revitalize Disadvantaged Communities strategic priority of the City and the amended PD, as a mixed use project that includes the existing church, a proposed school and housing options as well as office and retail uses, may potentially result in tax exempt property being assessed the City's ad valorem tax millage rate for the multiple family dwellings, office and retail components of the PD thereby generating ad valorem tax as well as utility revenues for the City; and Whereas, on June 8, 2016 the applicant held a CAPP meeting for adjacent property owners in order that the applicant could describe the proposed changes to the PD and to provide an opportunity for the public to address concerns; and Whereas, PKA Orlando, Inc. published all appropriate documentation and a report relative to the CAPP process and the resulting meeting; 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 land development regulations of the City of Sanford, and the controlling provisions of State law; 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 Whereas, on August 4, 2016 the Planning and Zoning Commission recommended that the City Commission approve the rezoning request and recommended that such approval be subject to numerous conditions; 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 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 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 Comprehensive Plan of the City of Sanford. Section 2. Rezoning of real property/implementing actions; All Souls Transit Village PD. (a). Upon enactment of this Ordinance the property, as depicted in the map attached to this Ordinance shall be rezoned from the All Souls Catholic Church and High School PD classification to the All Souls Transit Village PD zoning classification consistent with the provisions of this Ordinance. (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 All Souls Transit Village PD and to revise and amend the Official Zoning Map or Maps of the City of Sanford as may be appropriate to accomplish the action taken in this Ordinance and as set forth herein. (c). The conditions to be incorporated into the pertinent development order relating to the action taken in this Ordinance include the following: (1). Pursuant to Section 4.3.G of the Land Development Code of the City of Sanford, this rezoning shall expire 5 years from the effective date of this Ordinance if all improvements have not been completed or an extension granted. (2). All conditions set forth in Development Order Number 00-48 shall be, and continue to remain, in full force and effect unless otherwise specifically stated in this Ordinance and the implementing Development Agreement. (3). The property shall be developed generally in accordance with the land uses and development standards identified on the All Souls Transit Village PD Master Plan as accepted by the City on June 22, 2016, unless otherwise specifically set forth in any associated development order; provided, however, that all subsequent development 4 111 a —,, e orders shall be consistent with the provisions of this Ordinance. (4). The commercial uses allowed within the All Souls Transit Village PD shall be limited to the uses permitted by right under the GC-2, General Commercial, zoning classification as set forth in the City's Land Development Regulations excepting for any specific uses noted on the All Souls Transit Village PD Master Plan. (5). Outdoor display or storage, including any outdoor seating areas, shall not be permitted unless otherwise appropriately designed and designated on an approved development plan. (6). Automotive uses within the All Souls Transit Village PD are prohibited and unlawful including, but not limited to, vehicle dealer sales, vehicle repair or vehicle service as such uses are defined in the City's Land Development Regulations. Notwithstanding the foregoing, an application for consideration of a vehicle rental office may be filed with the Planning and Zoning Commission and such application may be approved if the proposed use is found to be an essential service related to the nearby transit station. (7). 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 or outparcel proposed for development with the All Souls Transit Village PD. (8). The final design and location of all driveways and access points including, but not limited to, cross access locations throughout the project, shall be proposed within and shall be subject to City approval during, the development plan review and approval process. 5 111 a e (9). 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. (10). A dog walk area with waste collection receptacles shall be provided in teach residential community as determined by the City. (11). A comprehensive signage program meeting the standards of the Sign Regulations as set forth in the City's Land Development Regulations shall be submitted and shall be subject to City approval. (12). A school capacity availability letter of determination from the Seminole County School District is required prior to final approval of the development plan for any residential component to the extent permitted by controlling law. (13). The All Souls Transit Village PD property owner, at the time of the approval of this Ordinance, 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 PD property. (14). Stormwater design requirements maybe increased by the City if warranted on the basis of technical requirements and generally accepted engineering practices and principle depending on soil conditions, season high water table, etc. These conditions may require underdrains based on the amount of fill placed within the All Souls Transit Village PD. The PD stormwater system shall be constructed to urban design standards, as approved by the City Engineer. (15). Unless specifically requested and approved on the All Souls Transit Village PD Master Plan, any required elements missing from or not shown on the PD Master Plan shall otherwise comply with the City's Land Development Regulations. (16). The resolution of all disputes arising from development under the All Souls Transit Village PD shall be resolved by the Planning and Zoning Commission unless otherwise specifically provided by controlling law. (17). A parking study relating to each development site under the Transit Oriented Development (TOD) concept shall be submitted at time of Development Plan Review or Subdivision Improvement Plan Review, reviewed by staff and forwarded to the Planning and Zoning Commission for final approval. (18). The subject property is located in the Westside Industry and Commerce District (WIC) under the City of Sanford Comprehensive Plan and land development regulations. This district allows commercial and industrial uses. Commercial and industrial uses may be developed in proximity to the property subject to then existing planning and zoning codes and ordinances and land development regulations of the City of Sanford. (19). All buildings developed on the Subject Property shall not exceed 60 feet in height. Section 3. Incorporation of map and PD Master Plan for All Souls Transit Village PD. The map attached to this Ordinance is hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance establishing the All Souls Transit Village PD. Section 4. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed including, but not limited to, the provisions of Ordinance Number 3614. 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 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. (b). The City Manager, or designee, shall implement the provisions of this Ordinance by means of a development agreement which shall be executed by the Property Owner within 60 days of the effective date of this Ordinance or the subject property's zoning classification shall revert to the zoning classification that was in place for the subject property prior to the approval of the revised PD /All Souls Transit Village PD as approved herein. Section 7. Effective Date. This Ordinance shall take effect immediately upon enactment. Passed and adopted this 26th day of September, 2016. Attest: City Commission of the City of Sanford, Florida &0-19 'eh I otuno I OWYO, �M�r=�q Approved as to form and legal sufficiency. William L. Colbert, City Attorney 9 a o c