HomeMy WebLinkAbout4639 PD Rezone 8.47 Acres 2861 E Lake Mary BlvdOrdinance No. 2021-4639
An ordinance of the City of Sanford, Florida relating to
the rezoning of approximately 8.47 acres of real property
located at 2861 East Lake Mary Boulevard (Tax Parcel
Identification Numbers 17-20-31-501-0000-0150 and 17-
20-31-501-0000-0220) to create the Jesus Image Planned
Development (PD) (map of the property attached);
rezoning the property to a PD, zoning
district/classification master plan; providing for
approval of the Jesus Image Church PD Master Plan;
providing for the taking of implementing administrative
actions; providing for conflicts; providing for
severability; providing for non -codification and
providing for an effective date.
Whereas, Jesus Image Inc. of Lake Mary, is the owner of certain real property
which land totals approximately 8.47 acres in size, which real property is located at
2861 East Lake Mary Boulevard and is assigned Tax Parcel Identification Numbers 17-
20-31-501-0000-0150 and 17-20-31-501-0000-0220 by the Property Appraiser of
Seminole County; and
Whereas, the officers of the property owner are Michael Koulianos, Heath
Flock, Julie Noble, Jessica Koulianos and Randy Needham; and
Whereas, the applicant on behalf of the property owner is Shayanna Day of
Interplan, LLC which is located at 200 East Central Parkway, Suite 4000, in Altamonte
Springs; and
Whereas, the property is located on the south side of Lake Mary Boulevard
just east Wyndham Preserve, approximately 1,200 feet west of Brisson Avenue and
1,240 feet east of Sipes Avenue which is very proximate to the Orlando -Sanford
International Airport; and
Whereas, the property owner is requesting that the subject property be
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rezoned from City GC -2, General Commercial, zoning district/classification and the
County's AG, Agriculture, zoning district/classification to the City's Planned
Development (PD) zoning district/classification in order to create the Jesus Image
Church PD; and
Whereas, on January 25, 2021, the City Commission enacted Ordinance
Number 4579 which annexed the southern 5.43 acres of the subject property into the
City; and.
Whereas, the property owner is proposing to construct a house of worship
with associated accessory services including office space and a future daycare facility;
and
Whereas, the proposed church use is consistent with the GC -2, General
Commercial, zoning district/classification, but the property to the south is assigned an
agricultural zoning district/classification and, therefore, the property is also
contemporaneously seeking a future land use amendment to LDR-SF, Single Family
Residential, in order to remediate the complications of two zoning
districts/classifications located on one project or assigned to a single parcel; and
Whereas, the property owner has proposed a design that places only parking
along East Lake Mary Boulevard.
Whereas, the property is located within Planning Sub -Area 4 of the 2015 City
of Sanford/Seminole County Joint Planning Agreement (JPA) and this action is
consistent with the 2015 JPA; and
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Whereas, a modified Citizens Awareness and Participation Plan (CAPP)
process was completed due to COVID-1 9 by means of a letter being transmitted on June
10, 2021 to property owners located with the required buffer and the CAPP process
was satisfactory to the City; and
Whereas, on October 7, 2021, the City's Planning and Zoning Commission
held a public hearing and recommended that the City Commission approve this
Ordinance; and
Whereas, this Ordinance is enacted pursuant to the home rule powers of the
City of Sanford as set forth at Article VIII, Section 2, of the Constitution of the State of
Florida; Chapter 166, Florida Statutes, and other applicable controlling law; and
Whereas, the City Commission of the City of Sanford has taken all actions
relating to the Jesus Image Church PID 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, as legislative findings and intent, the above recitals
(whereas clauses).
(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
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City seeks to avoid, minimize, or mitigate.
Section 2. Rezoning of real property/implementing actions; Jesus Image
Church 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 Jesus Image Church PD consistent with the provisions of this
(b). The City Manager, or designee, is hereby authorized to execute any
documents necessary to formalize approval of the Jesus Image Church PD rezoning
action set forth herein action taken herein with regard to the Jesus Image Church 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 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 Jesus Image
Church PD Master Plan, as revised and dated, September 16, 2021,
unless otherwise specifically set forth in any associated development
order; provided, however, that all subsequent development orders shall be
consistent with the provisions of this Ordinance.
(3). Unless specifically requested and approved on the Jesus
Image Church PD Master Plan, any required elements missing from or not
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shown on the Jesus Image Church PID Master Plan shall comply with the
City's LDRs.
(4). Land use activities conducted on the northern parcel shall
be in accordance with Schedule B — Permitted Uses, of the City's LDRs
for the GC -2, General Commercial, zoning district/classification and
conditional uses are prohibited and unlawful unless otherwise identified
and approved as part of a rezoning action.
(5). The uses on the southern parcel shall be restricted to those
permitted as part of a house of worship in the single family residential
zoning classifications as identified in Schedule B — Permitted Uses, of the
City's LDRs for the GC -2, General Commercial, zoning
district/classification.
(6). A traffic study meeting all City and County requirements
shall be submitted with the development plan application, once all final
building uses, square footages and placement are determined, and shall
be reviewed and approved prior to any site development approvals.
(7). Unless otherwise specified on the Jesus Image Church PID
Master Plan, all development shall comply with setback and buffer
requirements set forth in Schedule J, Landscape, Buffer and Tree
Requirements, of the City's LDRs.
(8). All requirements relating to tree mitigation as established in
the City's LDRs shall be met prior to development of the subject property
to the extent consistent with controlling State law.
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(9). If determined to be required by the City and prior to any
issuance of a site development permit relating to the subject property,
acceptable fencing around the retention pond shall be determined by the
City.
(10). If any subdivision is proposed on the subject property, a
preliminary subdivision plan and subdivision improvement plan shall be
submitted and shall be subject to approval by the City with all construction
activity being subject to approval by the City, with a subsequent
subdivision plat being reviewed, approved and recorded, in accordance
with the provisions of Chapter 177, Florida Statutes, prior to the issuance
of any certificates of occupancy.
(11). A decorative and functional fountain shall be installed if the
pond 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.
(12). All commercial elements of the PD shall be developed in
accordance with Schedule "G" — Architectural Design Standards, of the
City's LDRs.
(13). The following design elements will be considered during the
development plan review process of each building and surrounding
infrastructure:
(a). Site improvements may include the incorporation of low impact
development (oftentimes referred to as "LID") techniques and crime
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Plan.
prevention through environmental design (oftentimes referred to as
"CPTED") guidelines.
(b). Elements of buildings may 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 approved by the City.
(20). 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.
Section 3. Incorporation of map and Jesus Image Church PD Master
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
Jesus Image Church PD.
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 Jesus Image Church 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
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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 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 Jesus Image Church 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 8th day of November, 2021.
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Attest:
City Commission of the City of
Sanford, Florida., .4
RA
\Ab RUO M M
Traci Houchin, MMC, rCRM
City Clerk a or
Approved as to form and legal a ab'riicy
William L. Colbert, City Attorney
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CITY OF WS RM X
SkNFORD
FLORIDA Item No.
CITY COMMISSION MEMORANDUM 21.243
NOVEMBER 8, 2021 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP — Acting Planning Director
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Request to Rezone 8.47 acres GC -2, General Commercial and AG,
Agriculture to PD, Planned Development at 2861 E. Lake Mary Boulevard
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.
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
Z Update Regulatory Framework
F-1 Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A request to Rezone 8.47 acres from GC -2, General Commercial and AG, Agriculture to PD,
Planned Development for a proposed commercial project with an address of 2861 E. Lake Mary
Boulevard has been received.
The property is owned by Jesus Image, Inc. The applicant is Shyanna Day of Interplan, LLC who
was responsible for conducting the modified CAPP (Citizens Awareness and Participation Plan). A
copy of the letter that was distributed is attached.
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:
According to the Property Appraiser's records, the subject property is vacant with no structures.
Based on the 2020 property tax roll, the subject property has a combined total assessed value of
102,366. The total tax bill for the subject property in 2020 was $1,424.26. The applicant is proposing
to develop a House of Worship, which will generate no tax revenue to the City.
No additional staffing is anticipated if the PD Rezone is approved.
BACKGROUND:
The 5.28 -acre site is located on the south side of Lake Mary Boulevard just east Wyndham Preserve,
approximately 1,200 feet west of Brisson Avenue and 1,240 feet east of Sipes Avenue. It consists
of two parcels positioned in a north -south orientation and separated by a 20 foot east- west unnamed
right of way. The parcel to the south does not have direct access to Lake Mary Boulevard, but can
be accessed through the 20 -foot Right of Way or through the adjacent property to the north with
common ownership.
On January 25, 2021, the City Commission adopted Ordinance No. 4579, annexing the southern
5.43 -acre property into the City. When incorporated, the subject property retained its Seminole
County future land use designation of SE, Suburban Estates. The property also brought with it an
Agriculture zoning.
The applicant is proposing to construct a House of Worship with associated accessory services
including office space, and future daycare. The proposed church is consistent with the GC -2, zoning
however, the property to the south has an Agriculture zoning, therefore, is seeking a Future Land
Use amendment to LDR-SF. To remediate the complications of two zonings on one project, the
applicant has submitted a request to amend the zoning to PD, Planned Development.
The applicant has proposed a design that places only parking along E. Lake Mary Boulevard. Staff
has discussed placing a building of either office space, a small retail religious store, a daycare
building or another general commercial building fronting E. Lake Mary Boulevard. The design of
the church in the southeast corner of the property limits the impact to the subdivision to the west;
however, additional larger lot residential does exist to the east.
The proposed development is located within Planning Sub -Area 4 of the 2015 City of
Sanford/Seminole County Joint Planning Agreement (JPA) and the rezone has been found to be
consistent with the 2015 Joint Planning Agreement.
Supportive community facilities and accessory land uses as defined in the LDRs may be located
within areas designated LDR-SF. The draft Lake Mary Boulevard Corridor study currently
underway supports land uses intended for mixed commercial and residential supportive uses along
this segment of Lake Mary Boulevard.
Development within the LDR-SF designation shall be required to meet the following general criteria
together with the performance criteria established in Policy FLU 1.1.7 in this Element:
• Compatible with the quality and character of existing low density single family
neighborhoods;
• Compatible with existing and anticipated future developments;
• Compatible with natural features of the land and other policies within the Comprehensive Plan
impacting natural resources.
No specific deviations are noted on the master plan, so when developed, it will be required to meet
all standards of the GC -2, General Commercial zoning classification, as well as any required
additional buffers between commercial and residential where it applies and all standards of the Lake
Mary Boulevard Gateway Corridor standards in Schedule U, as well as all other relevant sections
of the City's Land Development Regulations.
This item was continued at the September Planning and Zoning Commission meeting so that the
applicant could provide a revised project master plan. The original condition from the staff report
below has been addressed and a revised master plan has been provided.
All development shall be consistent with the Jesus Image Church PD Master Plan, dated
September 20, 2021, with the following exceptions:
a. North—south parking lot drive aisles shall not exceed 300 linear feet without an east -west drive
aisle break;
b. A commercial component, a minimum of 1,800 square feet, meeting the architectural
requirements of Schedule G, Sanford LDR, shall be located within the first 100 feet of the Lake
Mary Boulevard frontage.
The project was presented to the Planning and Zoning Commission with the requested changes on
October 7, 2021.
LEGAL REVIEW:
The City Attorney has not reviewed the staff report and the specific analysis provided by City staff,
but has noted the following: Section 166.033, Florida Statutes, as amended in the recent Legislative
Session, in Chapter 2021-224, Laws ofFlorida (deriving from Committee Substitute for Committee
Substitute for House Bill Number 1059) 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) (a) 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.
(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) As used in this section, the term "development pen -nit" has the same meaning as in s.
163.3164, but does not include building permits.
(4) For any development pen -nit 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 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. A denial development order would be drafted to
implement the actions of the City 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 [ofl 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. 4639 on October 25, 2021.
The City Clerk published notice of the 2"a public Hearing in the Sanford Herald on October 27,
2021.
RECOMMENDATION:
On September 2, 2021, the Planning and Zoning Commission, per the recommendation of staff,
recommended the City Commission, adopt an Ordinance to Rezone 8.47 acres from GC -2, General
Commercial and AG, Agriculture to PD, Planned Development for a proposed House of Worship
with ancillary and associated uses at project address 2861 E Lake Mary Boulevard (including 2871
E Lake Mary Boulevard) subject to a Development Order containing the following conditions:
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 not all
improvements have been completed or an extension granted.
2. The property shall be developed generally in accordance with the land uses and development
standards identified on the Jesus Image Church PD Master Plan dated as revised, September
16, 2021, unless otherwise specifically set forth in any associated development order;
provided, however, that all subsequent developmerif orders shall be consistent with the
provisions of this Ordinance.
3. Land use activities conducted on the northern parcel shall be in accordance with Schedule B
Permitted uses, Sanford LDR for GC -2, General Commercial zoning. No Conditional Uses
shall be permitted unless otherwise identified and approved as part of the rezone.
4. The uses on the southern parcel shall be restricted to those permitted as part of a House of
Worship in the single family residential zoning classifications as identified in Schedule B —
Permitted Uses, Sanford LDR.
5. A traffic study meeting all City and County requirements shall be submitted with the
Development Plan application, once all final building uses-, square footages and placement
are determined, and shall be reviewed and approved prior to any Site Development approvals.
6. Unless otherwise specified on the Jesus Image Church PD Master Plan, all development shall
comply with setback and buffer requirements set forth in Schedule J, Landscape, Buffer and
Tree Requirements, LDR.
7. All requirements relating to tree mitigation as established in the City's LDR shall be met prior
to development of the site.
8. If determined to be required and prior to any issuance of a site development permit relating
to the subject property, acceptable fencing around the retention pond shall be determined.
9. If any subdivision is proposed on the subject property, a preliminary subdivision plan and
subdivision improvement plan shall be submitted and subject to approval by the City with all
construction activity being subject to approval by the City, with a subsequent subdivision plat
being reviewed, approved and recorded, in accordance with the provisions of Chapter 177,
Florida Statutes, prior to the issuance of any certificates of occupancy.
10. A decorative and functional fountain shall be installed if the pond 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.
11. All commercial elements of the development shall be in accordance with Schedule "G:" —
Architectural Design Standards, of the City's Land Development Regulations as defined
therein.
12. The following design elements will be considered during the development plan review
process of each building and surrounding infrastructure:
a. Site improvements may include the incorporation of low impact development (oftentimes
referred to as "LID") techniques and crime prevention through environmental design
(oftentimes referred to as "OPTED"') guidelines.
b. Elements of buildings may 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 approved by the City.
13. Any dispute relative to the aforementioned matters shall be resolved by the Planning and
Zoning Commission, after a public hearing, 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. 4639."
Attachments: Project Infon-nation Sheet
Site Vicinity Map
Aerial Map
Applicant's Affidavits of ownership and Designation of Agent
CAPP Report
PD Master Plan dated September 20, 2021
PROJECT INFORMATION — 2861 E. LAKE MARY BOULEVARD
U,
PD REZONE
Requested Action: Rezone approximately 8.47 acres from GC -2, General Commercial and AG,
Agriculture to PD, Planned Development for a proposed House of Worship at project
address 2861 E Lake Mary Boulevard (to include 2871 E Lake Mary Boulevard).
Proposed Use:
House of Worship
Project Address:
2861 E. Lake Mary Boulevard
Current Zoning:
AG, Agriculture
Proposed Zoning:
PD Planned Development
Existing Land Use:
Vacant
Tax Parcel Numbers:
17-20-31-501-0000-0150 17-20-31-501-0000-0220
Site Area:
3.01 acres 5.43 acres
Property Owner: Jesus Image Inc.
PO Box 950640
Lake Mary, FL 32795-0640
Applicant/Agent: Shayanna Day — Interplan, LLC Phone:407-645-5008
200 E Central, Suite 400 Email: Sday@interplanlic.com
Altamonte Springs, FL 32701
CAPP Meeting: A modified CAPP process was conducted and a letter was forwarded to the
required buffer on June 10, 2021. A copy of the letter is attached.
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.
Current Future Land Use
Proposed Future Land Use
Zonine
North A-1, Agriculture (County)
M-1, Industrial (County)
South A-1, Agriculture (County)
East A-1, Agriculture (County)
West PD, Planned Development
SE, Suburban EE
LDR-SF — Low Density Residential Single Family
Future Land Use
IND, Industrial
IND, Industrial
SE, Suburban Estates (County)
SE, Suburban Estates (County)
LDR-SF, Low Density Single Family
Current Use
Single Family Residential
Vacant
Single Family Residential
Single Family Residential
Wyndham Preserve
TADevelopment Review\03-Land Development\202 1\3851 E Lake Mary Blvd\CPA\PZC\Project Info - 3851 E Lake Mary Blvd - CPA.doc