HomeMy WebLinkAbout4810 Rezone 4.87 Acres - 2340 Celery AvenueOrdinance No. 2024-4810
An ordinance of the City of Sanford, Florida providing for the rezoning
of a parcel of real property totaling approximately 4.87 acres in size
located at 2340 Celery Avenue and assigned Tax Parcel Identification
Number 29-19-31-300-0120-0000 by the Seminole County Property
Appraiser from Seminole County Agriculture (A-1) to City Planned
Development (PD) (map of the PD property is attached); providing for
findings and intent; providing for the taking of implementing
administrative actions; providing for the adoption of a map by
reference; providing for conflicts; providing for severability; providing
for non -codification and the correction of scrivener's errors and
providing for an effective date and potential reversion.
Whereas, an application has been submitted proposing to rezone real
property generally addressed as 2340 Celery Avenue from Seminole County Agriculture
(A-1)) to City Planned Development (PD) to establish specified uses on the PD Property;
and
Whereas, the fee simple title owner of the real property that is the subject of
this Ordinance is Dave's House At Celery, LLC of Winter Park who has no named
manager, but whose registered agent is Elena Norman (the "Property Owner"); and
Whereas, the applicant on behalf of the Property Owner is Laurence Poliner,
P.E., of RCE Consultants, LLC located in Altamonte Springs; and
Whereas, the subject real property is assigned the following Tax Parcel
Identification Number 29-19-31-300-0120-0000, as assigned by the Seminole County
Property Appraiser; and
Whereas, the subject real property is a site 4.87 acres in size and is addressed as
2340 Celery Avenue which real property is located off Celery Avenue, between the
Celery Farm and Celery Park Estate Subdivisions; and
Whereas, a Citizens Awareness and Participation Plan (CAPP) meeting was
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held on March 27, 2024 by Mr. Poliner and the CAPP report has been found to be
satisfactory to the City; and
Whereas, the PD property currently has a group home use on the site and is
not assessed a taxable value and the Applicant is seeking to establish a 16 -unit single
family residential subdivision (8 duplex units) (although the project was sought to be
modified when being heard by the Planning and Zoning Commission which is not
permitted under the rules of that Commission and controlling law relating to notices to the
public) on the PD property; and
Whereas, the PD property is located sub -area 1 of the County/City Joint
Planning Agreement (JPA) for all lands east of the line described as the eastern % line of
Sections 29 and 32, Township 19, Range 31 (the western boundary line of the University
of Florida Agricultural Experimental Station, and shown on Exhibit "D" of the JPA as the
dashed line) density generally shall not exceed 2.5 dwelling units per net buildable acre
although a maximum of 3.5 dwelling units per net buildable acre is allowed in a clustering
pattern with a minimum of 15% of gross site area set aside for common open space and
subject to one of the following conditions (a). perimeter lots being a minimum of 9,000
square feet in size; or, (b). lots less than 9,000 square feet in size shall be separated
from the site boundary by an open space tract not less than 25' in width, but for all lands
west of said line, density shall not exceed 4 dwelling units per net buildable acre; and
Whereas, the PD property must be developed within 3 years as set forth in the
provisions of Section 4.3.G of the City's Land Development Regulations (LDRs); and
Whereas, the City's Planning and Development Services Department conducted
a thorough review and analysis of the demands upon public facilities and recommended
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that the subject rezoning application be approved having determined that the proposal,
as modified after the hearing before the City of Sanford Planning and Zoning
Commission and the first reading of this Ordinance, is technically sufficient and
consistent with the goals, objectives and policies of the Comprehensive Plan of the City
of Sanford, the City's 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 October 3, 2024, meeting and
recommended that the City Commission deny an ordinance to approve the rezoning and
the PD Master Plan to establish specified uses on the PD Property based on the request
being inconsistent with the goals, objectives and policies of the City's Comprehensive
Plan as recommended by City staff; and
Whereas, the City planning and development staff have determined that the
rezoning request is now consistent with the underlying land use and the goals and
objectives of the City's Comprehensive Plan and recommends approval of this
Ordinance as a result of the modified PD Master Plan being submitted by the Applicant;
and
Whereas, the City Commission has determined that the proposed rezoning of the
PD 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 as a result
of the modified PD Master Plan being submitted by the Applicant; 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.
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Now, therefore , be it 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 establishment of the
2340 Celery Avenue PD 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 PD Property/Implementing Actions;
Establishment Of The 2340 Celery Avenue PD.
(a), Upon enactment of this Ordinance the PD Property, as depicted in the map
attached to this Ordinance, shall be rezoned from the Seminole County Agriculture (A-1)
zoning district to the City's PD zoning district to establish the 2340 Celery Avenue PD.
(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 2340 Celery Avenue PD and to revise and amend the Official Zoning Map
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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 non -statutory
development agreement 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 the effective date of this
Ordinance if all required infrastructure improvements have not been
completed or an extension granted. Further, if, pursuant to Section 4.3.G of
the City's LDRs, this rezoning expires; then the PD property shall revert to
an un -zoned status with the sole entitlement to construct 1 single family
residential structure as consistent with the goals, objectives and policies of
the City's Comprehensive Plan.
(2). Unless specifically requested and approved on the PD
Master Plan, any required elements missing from or not shown on the
Dave's House at Celery PD Master Plan or associated PD documents shall
comply with and default to the regulations in the City's LDRs.
(3). The uses permitted on site shall be restricted to that which
are permitted as primary and/or accessory to single family residential
subdivisions.
(4). No community resource facility related uses, as defined in
the City's LDRs shall occur on PD property.
(5). An engineering plan generally consistent with Article III of the
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City's LDRs including, but not limited to, landscape plans, lighting plans, all
parking improvements and all floodplain related requirements and any
necessary secondary reports to support the request must be provided and
approved prior to approval of any building permits.
(6). The Property Owner shall install a decorative and functional
fountain in all wet retention ponds in accordance with Schedule D of the
City's LDRs.
(7). Due to the proximity of the PD property to the
Orlando -Sanford International Airport and the adopted interlocal
agreement, the Property Owner shall file an FAA Form 7460 and provide to
the City written acknowledgement of receipt and determination of no
objection from the Sanford Airport Authority prior to any development
approvals.
(8). Unless specifically requested and approved on the Dave's
House at Celery PD Master Plan or this non -statutory Development
Agreement, all development shall comply with:
(i). Tree mitigation shall be implemented in accordance
with Section 4.2 of the City's LDRs, Criteria for Tree
Removal, Replacement And Relocation.
(ii). Light source setback for site lighting shall be no less
than 75% of the width of the buffers identified on the Dave's
House at Celery PD Master Plan.
(9). If City staff, by means of a determination or determinations
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by the City's Administrative Official, and the Property Owner are unable to
agree to the details of this Ordinance 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.
(10). In agreeing to the above conditions in the subsequent PD
non -statutory development agreement, the Property Owner shall be
conclusively deemed to have agreed that, in accordance with the
provisions of Section 70.45, Florida Statutes, pertaining to governmental
exactions, the City has not imposed any prohibited exaction. The term
"prohibited exaction" is defined by that statute to mean "... any condition
imposed by a governmental entity on a property owner's proposed use of
real property that lacks an essential nexus to a legitimate public purpose
and is not roughly proportionate to the impacts of the proposed use that the
governmental entity seeks to avoid, minimize, or mitigate."
Section 3. Incorporation Of Documents And 2340 Celery Avenue PD
Master Plan For The 2340 Celery Avenue PD.
The documents attached to this Ordinance are hereby ratified and affirmed and
incorporated into this Ordinance as a substantive part of this Ordinance establishing the
2340 Celery Avenue PD.
Section 4. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
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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 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. Typographical
errors and other matters/Scrivener's errors of a similar nature that do not affect the intent
of this Ordinance, as determined by Administrative Official, in conjunction with the City
Clerk and City Attorney, may be corrected without the need for a public hearing.
(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 its 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
status. Further, if, pursuant to Section 4.3.G of the City's LDRs, this rezoning expires in 3
years from the effective date of this Ordinance due to all improvements having not been
completed or an extension granted; then the property shall revert to an un -zoned status
with the sole entitlement to construct 1 single family residential structure as consistent
with the goals, objectives and policies of the City's Comprehensive Plan.
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(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 law including, but not limited to, the protections under the laws pertaining to
sovereign immunity and, further, all matters set forth herein may be enforced by any
code enforcement process available to the City under the provisions of controlling law.
Section 7. Effective Date.
This Ordinance shall take effect upon enactment.
Passed and adopted this 18th day of November, 2024.
Attest: City Commissionof the ' City of
'
Sanford, Flora
Traci Houchin, MMC, FCR11� `: Art VVOOdrllf�
City Clerk Mayor
Approved as to form and legal sufficiency.
i iam L. Colbert, Esq�re
Cit Attorney - / "
Z ic/i✓/L�' /1/ -
14CA
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