HomeMy WebLinkAbout4017 Rezone 60.43 acres 3795 Brisson AvenueOrdinance No. 4017
An ordinance of the City of Sanford, Florida relating to the Brisson
Avenue East Planned Development ("PD"); providing for legislative
findings and intent; providing for the rezoning of real property
approximately 60.43 acres in size and located at 3795 Brisson Avenue;
providing for the taking of implementing administrative actions; repealing
all conflicting ordinances; providing for severability; providing for non-
codification and providing for an effective date.
Whereas, F&J Groves, Inc.; Brisson Investments, LLC; and Robert L. Zlatkiss, the
owners of certain real property, totaling approximately 60.43 acres in size and located at 3795
Bdsson Avenue (Tax Parcel Identification Numbers 17-20-31-501-0000-0080, 17-20-31-501-
0000-0010, 17-20-31-501-0000-0030, 17-20-31-501-0000-0040, and 17-20-31-501-0000-0100),
applied 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 rezoned to the Planned Development
("PD") zoning classification to accommodate the Brisson Avenue East development proposal;
and
Whereas, the applicant submitted a proposed PD Master Plan for the
pertaining to the Brisson Avenue East proposed development; and
property
Whereas, the City staff has reviewed and has subsequently recommended approval of
the proposed rezoning to the PD zoning classification and the proposed PD Master Plan for
the property subject to certain conditions; and
Whereas, on September 7, 2006, the Planning and Zoning Commission recommended
the application be approved subject to numerous conditions; and
Whereas, the City Commission has determined that the proposed action of rezoning
the subject property to the City's PD zoning classification (the PD Master Plan for Brisson
Avenue East) 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, Flodda 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:
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Section 1. Legislative findings and intent.
(a). The City Commission of the City of Sanford hereby adopts and incorporates into
this Ordinance the recitals (whereas clauses) to this Ordinance, the City staff report and City
Commission agenda memorandum relating to the application relating to the proposed rezoning
of the subject property.
(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.
(d). Development pursuant to the rezoning to PD shall comply with the PD Master
Plan for the Bdsson Avenue East project, as dated as received by the City of Sanford which is
dated on August 29, 2006.
(e). The PD will not adversely affect the orderly development of the City of Sanford.
(f~. The PD will not adversely affect the health and safety of the residents or workers
in the area proximate to the property described in this Ordinance and will not be detrimental to
the use of adjacent properties or the general area within which the PD is located.
Section 2. Rezoning of Real Property/Implementing Administrative Actions.
(a). Upon enactment of this Ordinance, and the implementing actions relating to the
PD as set forth herein, the following property shall be rezoned to PD and the application to
rezone the subject property as aforesaid is hereby adopted and approved by the City
Commission of the City of Sanford and the actions taken and authorized herein shall constitute
land development regulations for the specific PD zoning district:
Legal description attached as Exhibit "A".
(b). The City Manager, or designee, is hereby authorized to execute the documents
necessary to formalize approval of the rezoning action taken herein and the PD Master Plan
for the project with all appropriate signatures and joinders being acquired from the property
owners and those holding interests in the subject property.
(c). The PD agreement (development order) relating to the PD project shall be
drafted by and implemented by the City Attorney and City staff subsequent to City Commission
action which development order shall provide for the following conditions:
1. Pineway Buffer Plan - 75' lot width minimum along Pineway, min. 10' side yard
setbacks, single story, 50' open space/buffer, plus setbacks, 6' high bdck wall at
floor grade, opaque behind residences, decorative aluminum with bdck pillars at
retention areas.
2. Brisson Buffer Plan - 75' minimum lot size minimum along Brisson Avenue,
minimum 10' side yard setbacks, single story, 15' open space/buffer, plus
setbacks, 6' high brick wall at floor grade, opaque behind residences, decorative
aluminum with bdck pillars at retention areas; in addition, adjacent to existing
residences a 10' undisturbed tree buffer shall be retained at common property
line, in addition to 6' masonry wall buffer, if trees can be saved, or if not, a
reasonably acceptable substitute buffer.
3. Landscape - equal to or exceed the specifications provided to the Kay's Landing
subdivision.
4. Mail kiosks with parking - coordinate location and type with United States Post
Office authorities.
5. Recreation/Air Conditioned Community Meeting Facility Areas - Tracts E & O
available.
6. Traffic - Brisson - dght out only with traffic directional islands and no left turn
signage or, if allowed by Sanford and Seminole County, Brisson outlet to be
designated emergency ingress and egress only.
7. Water, Sewer and Reclaimed - provide stub out to Pineway
8. Homeowner's association declarations, restrictive covenants, conditions and
easements (with City having enforcement rights) shall provide that - A) 20%
maximum rental level in single family residential; B) 40% maximum rental level in
townhomes; C) no on street parking or parking in rights-of-way allowed at
anytime; D) maximum of 2 community-wide garage sales per year; E)
homeowner's association shall maintain all open spaces/buffers including, but
not limited to, all rights-of-way adjacent to the development; F) Townhomes -
uniform trash receptacles with lids shall be used.
9. Townhomes - guest parking - 1-to-3 ratio.
10. Retention areas, all wet, all with fountain feature.
11. All properties within the PD will be subject to an Airport Avigation Easement in a
form acceptable to the City which shall be noted on all plats and other
documents relating to the
12. Townhomes shall be master metered.
13. Townhomes shall have minimum 25' separation between rear building lines.
14. Entrances to be 20' minimum on both sides of island.
15. Entrance on Brisson shall be in alignment with Bdsson West project.
16. Bus shelter shall be provided on or adjacent to site - coordinate with Seminole
County School District.
17. Appropriate treatment (i.e., fencing, landscaping, etc.) determined at time of
Subdivision Improvement Plan (SIP) review process to remedy double frontage
issues at entrance. Access rights shall be dedicated to the City.
18. Additional traffic calming measures may be required dudng SIP review process.
19. Cul-de-sac may be required at Ada Place during SIP review process.
20. Pedestrian connectivity shall be implemented from townhomes to Tract E
recreation and open space utilizing traffic calming device with a speed table and
alternate form of paving.
21. A minimum 15' landscape buffer required along Lake Mary Boulevard.
22. Phasing Plans shall be reviewed and approved during SIP review process.
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23. Street Names shall be subject to review and approval by City staff in accordance
with E-911 standards.
24. Other than the minimum living area at 1,200 square feet, the townhomes shall be
designed and constructed to meet the townhome standards in the Land
Development Regulations including, but not limited to, the requirement of
architectural or tile shingles.
25. Alternating finishes (i.e., bdck, stone, wood, stucco, etc.) shall be provided on
the facades in order to ensure that a vadety of facades are used throughout the
community.
26. Right-of-way dedications or easements shall be provided along Pineway and
Bdsson Avenue as required by Seminole County or the City.
27. On lots with 7.5 side yard setbacks, the homes shall be required to utilize
stemwall construction unless exempted by the City Engineer.
28. There shall be no building permits issued for vertical construction (residences or
community amenities) until all required site improvements have been completed.
A model center may be considered for award of a building permit by City staff as
an exception based upon a totality of the status of the development and
compliance issues.
29. A vinyl coated fence or decorative fence shall be installed along east property
line and maintained by the homeowners association.
30. A 6' brick wall shall be installed along the north property line of parcel number
17-20-31-501-0000-005B (referenced as the Barnes' property located at 3821
Brisson Avenue).
31. The owners have agreed to pay the Seminole County School District a voluntary
contribution of $2,674 for each single-family dwelling unit and a voluntary
contribution of $1,235 for each townhouse based upon the agreed upon
calculations of costs to create the required student stations for the PD and which
amount is in addition to school impact fees. The School District is a third party
beneficiary to this provision.
(d). The PD agreement (development order) relating to the PD project shall,
subsequent to appropriate execution, be recorded in the Official Records of Seminole County,
Florida (Land Records) by the City Clerk.
Section 3. Conflicts. All ordinances or part of ordinances in conflict with this
Ordinance are hereby repealed
Section 4. 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 5. 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.
Section 6. Effective Date. This Ordinance shall take effect immediately upon passage
and adoption; provided, however, that that subject property shall not be deemed to be assigned
the PD zoning classification until all implementing actions are taken as set forth herein.
Passed and adopted this 25th day of September, 2006.
Attest:
City Commission
Sanford, Florida
of the City of
Cynthia Porter, Acting City Clerk
Linda Kuh~, Mayor
Certificate
I, Cynthia Porter, Acting City Clerk of the City of Sanford, Florida, do hereby certify that
a true and correct copy of the foregoing Ordinance No. 4017, Passed and Adopted by the City
Commission of the City of Sanford, Florida, on the 25t~ day of September, 2006, was posted at
the front door of the City Hall in the City of Sanford, Florida, on the 27~ day of September,
2006.
Cynthia Porter
^s the ^cting City Clerk of the City
of Sanford, Florida
EXHIBIT "A"
Parcel 1, Parcel 2, Parcel 3, Parcel 4:
Lots 1, 2, 13 and 14, Palmer's Subdivision, according to plat thereof recorded in Plat
Book 2, Page 41, Public Records of Seminole County, Florida (less a strip 25 feet wide
across the North boundary thereof used as S & E Branch of ACL Railroad right of way)
and less and except that land taken by Seminole County by the Orders of Taking recorded
in Official Records Book 5181, Page 107 and Official Records Book 5325, Page 1327,
Public Records of Seminole County, Florida.
AND:
Beginning at the NW comer of Lot 3 of Paimer's Subdivision, according to plat thereof
recorded in Plat Book 2, Page 41, Public Records of Seminole County, Florida thence run
South 580 feet, thence nm East 1306 feet to a point 583 feet South of the NE comer of
Lot 12 of said Palmer's Subdivision, thence nm North 583 feet, thence mn West 1306
feet to point of Beginning, being all of Lots 3 and 12 and a portion of Lots 4 and 11 of
said Palmer's Subdivision,
AND:
South 97 feet of the East 327 feet of Lot 4 and the South 97 feet of Lot 11 and the East
218 feet of Lots 5, 6 and 7 and West 115 feet of Lots 8 and 9 and all of Lot 10 (less and
except the South 57.67 feet of East 647 feet of said Lot 10) all of Palmer's Subdivision
according to plat thereof recorded in Plat Book 2, Page 41, Public Records of Seminole
County, Florida.
AND:
The East 647 feet of Lots 8 and 9, and the East 641 feet of the South 57.67 feet of Lot 10,
Palmers Subdivision according to plat thereof recorded in Plat Book 2, Page 41, Public
Records of Seminole County, Florida.
LESS:
The East 409.23 feet of the South 305 feet of Lot 13, Palmers Subdivision according to
plat thereof recorded in Plat Book 2, Page 41, Public Records of Seminole County,
Florida.
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