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HomeMy WebLinkAbout4510 Rezone PD Hotel & Resort Inv. CR 46A, 2400 Cherry Laurel DriveOrdinance No. 2019-4510 An ordinance of the City of Sanford, Florida relating to the amendment of the Planned Development (PD) approved in Ordinance Number 4133; providing for the rezoning of real property located at 2400 Cherry Laurel Drive and assigned Tax Parcel Identification Numbers 32-19-30-301-008F-0000 and 32-19-30-301-008D-0000 within the City Limits (map of the property attached) from a PD on the site to a similar PD known as the Hotel & Resort Investment CR 46A PD; providing for 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, but providing for a PD amendment and harmonization with prior actions by the City; providing for severability; providing for non -codification and implementation and providing for an effective date. Whereas, Hotel and Resort Investments, LLC is the owner of certain real property within the City Limits of the City of Sanford (assigned Tax Parcel Identification Numbers 32-19-30-301-008F-0000 and 32-19-30-301-008D-0000 by the Seminole County Property Appraiser) and it applied to the City of Sanford, through its representative, Sam J. Sebaali, P.E., pursuant to the controlling provisions of State law and the Code of Ordinances of the City of Sanford, to have the property rezoned to the new Planned Development ("PD") zoning district/classification (the Hotel & Resort Investment CR 46A PD) from the existing PD to which the property is currently assigned and approved; and Whereas in 2008, the City Commission enacted Ordinance Number 4133 rezoning the 8.66 acres located at properties that were addressed as 2400 and 2440 Cherry Laurel Drive from the AG, Agriculture, zoning district/classification to the PD, Planned Development, zoning district/classification.; and Whereas, pursuant Article IV, Section 4.3(G) of the City's Land Development Regulations, the 2008 approved PD expired 3 years from the date of original approval, but the City Commission enacted Ordinance Number 4242 on June 27, 2011 extending the PD approval to October 13, 2016, 5 years beyond the original 2011 expiration; and Whereas, the subject property is located is located on the north side of H.E. Thomas Jr. Parkway (County Road 46A) on the West side of Cherry Laurel Drive and approximately 100' east of Rinehart Road; and Whereas, the property is not within a Planning Sub Area of the 2015 Seminole County/City of Sanford Joint Planning Area; and Whereas, the subject property is currently unimproved with a project address of 2400 Cherry Laurel Drive relative to the entire 8.66 acres; and Whereas, the original PD generally established multi-purpose/mixed use development including hotel, retail and office uses; and Whereas, the property owner is proposing to amend the 2008 PD and modify the permitted uses to include multiple family residential, office and retail uses while eliminating the hotel use previously approved with the PD to be known as the Hotel & Resort Investment CR 46A PD; and Whereas, all new development shall be required to address infrastructure needs, provision of services, development phasing, development intensity and land use compatibility as part of an integrated design scheme which includes very detailed strategies and techniques for resolving development impacts; and Whereas, the property owner has submitted a request to amend the Hotel and Resort PD master plan eliminating the hotel use and proposing 310 multi -family residential units and 4,000 square feet of office and retail uses; and 21 P a e Whereas, the 310 unit complex shall not exceed 50 percent of two-bedroom units with the remainder being one -bedroom units with approximately 4,000 square feet of common space including a fitness center for residents of the complex with an additional 4,000 square feet on the first floor of a building adjacent to County Road 46A being utilized for office and retail uses together with amenities for the complex including an outdoor pool, courtyard and basement level parking; and Whereas, the Urban Land Institute (ULI) is an independent and recognized organization which dedicated to sustainable and smart growth and provides a multitude of national and international studies to substantiate standards for a multitude of subjects with one study being the Fifth Edition for "The Dimension of Parking"; and Whereas, the ULI has concluded that the parking for the residential use with low turnover could be as low as 8'-6" and for moderate turnover 9' and the recommended length of 18'; and MM Whereas, the parking ratio for the residential use shall be 1.5 spaces per unit; Whereas, the property owner has determined that, inasmuch as the residential and office uses are considered moderate turnover, 9' x 18' parking dimensions for parking spaces is appropriate, but since parking for the retail uses which is considered high turnover, may be 10' x 20 in dimension', which is consistent with Schedule "H" of the Land Development Regulations (LDRs) of the City of Sanford; and Whereas, if the proposed PD amendment is approved the existing master plan would be amended and revised to allow the newly proposed uses and eliminated the hotel uses, etc.; and 3 IPaV` Whereas, the underlying Future Land Use designation assigned to the subject property is HI, 1-4 High Intensity, which is a mixed use designation intended to promote and regulate anticipated development within the vicinity of the Interstate Highway 4/State Road 46 interchange with land uses that include commerce, industry, and high density residential development; and Whereas, the proposed use of the subject property would be consistent with the intent and purpose of the 1-4, High Intensity; 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, City's LDRs, and the controlling provisions of State law; and Whereas, the Citizen's Awareness Participation Plan (CAPP) requirements of the City relative to the proposed rezoning have been satisfied in that Mr. Sheppard mailed notice to adjoining property owner who own properties located within 500' and provided a CAPP summary to the City dated October 18, 2018 in a form consistent with the requirements of the City; and Whereas, on March 14, 2019 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 staff, recommended approval of this Ordinance subject to normative development detailed development requirements and conditions some of 41Ila ge 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 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 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 propertylimplementing actions; Hotel & Resort Investment CR 46A PD. (a), Upon enactment of this Ordinance the property, as depicted in the map attached to this Ordinance shall be rezoned from the zoning classification resulting from a separate and distinct Hotel & Resort Investment CR 46A PD 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 Hotel & Resort Investment CR 46A 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. (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. All prior extensions are hereby ratified and affirmed and, as may be needed, granted nunc pro tunc effective the effective date of this Ordinance. (2). All development shall be consistent with the land uses and development standards identified on the Hotel & Resort Investment CR 46A PD Master Plan, dated November 23, 2018, unless otherwise specifically set forth in any associated development order; provided, however, that all subsequent development orders shall be 61Pagyc, consistent with the provisions of this Ordinance. (3). Unless otherwise specified on the Hotel & Resort Investment CR 46A PD Master Plan, all development shall comply with setback and buffer requirements set forth in Schedule "J", pertaining to landscape, buffer and tree requirements, of the City's LDRs. (4). All requirements relating to tree mitigation as established in the City's LDRs shall be met prior to development of the site. (5). A decorative and functional fountain shall be installed in any pond that is a wet retention pond as part of development approval; which approval shall provide for ongoing maintenance requirements and responsibilities upon the appropriate party, but not the City. (6). A dog walk area with waste collection receptacles shall be provided by the Property Owner as approved by the City. (7). A comprehensive signage program meeting the standards of the City's LDRs shall be required relative to the entire site. (8). A School Capacity Availability Letter of Determination from the Seminole County School District is required prior to final engineering approval. (9). All commercial elements of the development shall be in accordance with Schedule "G", pertaining to architectural design standards, of the City's LDRs. (10). The following design elements shall be considered during the development plan review; provided, however, that any dispute relative to the following matters shall be resolved by the Planning and Zoning Commission, after a public hearing, by means of a development order relating thereto: (A). Site improvements may include the incorporation of low 71Paye impact development (oftentimes referred to as "LID") techniques and crime prevention through environmental design (oftentimes referred to as "CPTED") guidelines. (B). Elements of each building shall be constructed incorporating Leadership in Energy and Environmental Design (oftentimes referred to as "LEED"), Florida Green, or such other equivalent energy savings standards as may be agreed to by the City. (C). Architectural elevations reflecting design elements consistent with the surrounding developments shall be required and reviewed during the development plan review process. (11). Unless specifically requested and approved on the referenced PD Master Plan, any required elements missing from or not shown on the said PD Master Plan shall otherwise comply with the City's Land Development Regulations. (12). If City staff and the Property Owner is unable to agree to the details of these conditions, 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. Section 3. Incorporation of map and PD Master Plan for Hotel & Resort Investment CR 46A PD. The map attached to this Ordinance is hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance amending the Hotel & Resort Investment CR 46A PD. 8 1 P a (Y e Section 4. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. City staff shall harmonize the approval and actions set forth herein together which those taken relative to the Hotel & Resort Investment CR 46A PD with all past actions of the City relative to the property being hereby ratified and affirmed. 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 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 PD property's zoning classification shall revert to an un -zoned property status. Section 7. Effective Date. This Ordinance shall take effect immediately upon enactment. Passed and adopted this 10th day of June, 2019. Attest: &Na '�011M, Traci Houchin, CMC, FCRM City Clerk �I,NFfl Approved as to form and legal s V CA City Commission o the City of Sanford, Florida t� Triplett r 10 1 P> _r