HomeMy WebLinkAbout4018 Rezone 128.59 acres 3890 Brisson AvenueOrdinance No. 40t8
An ordinance of the City of Sanford, Florida relating to the Brisson
Avenue West Planned Development ("PD"); providing for legislative
findings and intent; providing for the rezoning of real property
approximately t28.59 acres in size and located at 3890 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, Serengeti Properties, LLC, the owner of certain real property, totaling
approximately 128.59 acres in size and located at 3890 Bdsson Avenue (Tax Parcel
Identification Numbers 17-20-31-5AZ-O000-0290, 17-20-31-5AZ-0000-029A, 17-20-31-5AZ-
0000-0300, 17-20-31-5AZ-0000-0330, 17-20-31-5AZ-0000-033A, 17-20-31-5AZ-0000-034A,
17-20-31-5AZ-0000-034B, 17-20-31-5AZ-0000-0350, 17-20-31-5AZ-0000-035A, 17-20-31-5AZ-
0000-0360, 17-20-31-5AZ-0000-0380, 17-20-31-5AZ-0000-0390, 17-20-31-5AZ-0000-0400, 17-
20-31-300-006A-0000, 17-20-31-300-0030-0290 and 17-20-31-300-003A-0000), 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 Bdsson Avenue West 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 Bdsson
Avenue West) 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:
Section 1. Legislative findings and intenL
(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 Brisson Avenue West 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 ordedy 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 ^ttomey 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, minimum 10' side yard
setbacks, single story, 50' open space/buffer outside wall, plus setbacks, 6' high
brick wall, opaque behind residences, decorative aluminum with bdck pillars at
retention areas.
2. Brisson Buffer Plan - 75' lot width minimum along Brisson Avenue, minimum 10' side
yard setbacks, single story, 15' open space/buffer outside wall, plus setbacks, 6'
high brick wall at floor grade, opaque behind residences, decorative aluminum with
bdck pillars at retention areas. If City staff and owner's engineer agree specimen
trees can be saved, owner will use best efforts to keep additional 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 Facilities Areas Tracts K, L and M
available (2.86 acres).
6. Traffic - Brisson - left out only with traffic directional islands and no right turn
signage.
7. Water, Sewer and Reclaimed - stub out at Pineway.
8. Wetlands - enhanced plantings along entrance road adjacent to wetlands.
9. Property owner at southwest comer of site - provide 6' high wall - opaque along
north and opaque or decorative along east as desired by adjacent property owner;
also stub out utilities (water, sewer and reclaimed water) for existing residence.
10. Roundabout - adjacent to Tract K for traffic calming.
11. Traffic calming islands or raised bricked speed tables along entrance road from Lake
Mary Boulevard and additional devices may be required at Subdivision Improvement
Plan.
12. Homeowner's association declarations, restrictive covenants, conditions and
easements document (with the City as having enforcement powers) shall provide for
the following restrictions- 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 all rights-of-way adjacent to the development; F) townhomes -
standard/uniform trash receptacles with lids shall be used; G) railroad right-of-way
location shall be depicted on the face of plat along with plat notes to ensure
disclosure to Lots 149-154 and 168-174 with the railroad spur being shown as Tract
J shall to disclose that Tract to potential buyers.
13. The owner/developer shall use best efforts to obtain wdtten acceptance from CSX
Transportation regarding access to railroad right-of-way and subdivision design or to
obtain title to same.
14. Townhomes - guest parking 1-to-3 ratio.
15. Minimum 5' sidewalk connecting Pineway and Lake Mary Boulevard, pipe ditch
unless staff and owner's engineer reasonably believe specimen trees along Brisson
Avenue can be saved.
16. All properties within the PD shall 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 PD.
17. 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 City's Land
Development Regulations including, but not limited to, the requirement of
architectural or tile shingles.
18. Alternating finishes (i.e., brick, stone, wood, stucco, etc.) shall be provided on the
facades of each townhome to ensure that a variety of facades are used throughout
the community.
19. Townhomes shall be master metered.
20. Minimum 25' separation to be maintained between rear building lines of townhomes.
21. Entrance shall have 20' minimum on both sides of island.
22. Entrance on Brisson shall be in alignment with Brisson East project.
23. Design on Tract K (mail kiosks) shall provide for access to Tract J for possible future
maintenance.
24. Bus shelter on or adjacent to site with coordination with Seminole County School
District.
25. Landscape and hardscape plan for the northeast area of the development shall be
provided dudng Subdivision Improvement Plan (SIP) review process.
26. Phasing plans shall be reviewed and approved during the SIP review process.
27. Street Names shall be subject to review and approval by City staff in accordance
with E-911 standards.
28. Right-of-way dedications of easements shall be provided along Pineway and Brisson
Avenue as required by Seminole County or the City of Sanford.
29. On lots with 7.5' side yard setbacks, the homes shall utilize stemwall construction
unless exempted by the City Engineer based upon site specific conditions and the
application of sound and generally accepted engineering and construction
standards.
30. No building permits will be 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.
31. The owners have agreed to pay the Seminole County School Distdct 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 25~ day of September, 2006.
Attest:
Cynthia Porter, Acting City Clerk
City Commission of the City of Sanford,
Florida
Linda Ku.~n, 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. 4018, Passed and
Adopted by the City Commission of the City of Sanford, Florida, on the 25th day of
September, 2006, was posted at the front door of the City Hall in the City of Sanford,
Florida, on the 27th day of September, 2006.
Cynthia Porter
As the Acting City Clerk of the City
of Sanford, Flodda
EXHIBIT "A"
LOTS 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, AND 40, PALM HAMMOCK ALLOTMENT, AS PER PLAT
THEREOF RECORDED IN PLAT BOOK l, PAGES 104 AND 105, OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA.
TOGETHER WITH PLATTED RIGHT OF WAY ADJACENT TO LOTS 29, 30, 33, 34, 37. ALSO WITH THE
PLATTED RIGHT OF WAY BETWEEN LOTS 31 AND 35, ALSO BETWEEN 32 AND 36, ALSO THE
ABANDON RAILROAD RIGHT OF WAY RUNNING THROUGH SAID LOTS.
ALSO THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP
20 SOUTH, RANGE 31.
LESS:
A PARCEL OF LAND LYING IN THE SOUTHWEST CORNER OF LOT 37, PALM HAMMOCK
ALLOTMENT, AS RECORDED IN PLAT BOOK 1, PAGES 104 AND 105, OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST 1/4 CORNER
OF SECTION 17, TOWNSHIP 20 SOUTH, RANGE 31 EAST, RUN NORTH 01039' WEST 585 FEET ALONG
THE WEST LINE OF SAID SECTION 17 FOR A CORNER, THENCE SOUTH 87035' EAST, 113 FEET TO AN
IRON PIN FOR A CORNER, THENCE SOUTH 68005' EAST, 248 FEET TO AN IRON PIN FOR A CORNER,
THENCE SOUTH 00055' EAST, 312 FEET TO AN IRON PIN FOR A CORNER, THENCE SOUTH 49045'
EAST, 82 FEET TO AN IRON PIN FOR A CORNER THENCE SOUTH 15045' EAST, 53 FEET TO AN IRON
PIN FOR A CORNER, THENCE SOUTH 01035' EAST, 60 FEET TP A POINT ON THE CENTERLINE OF PINE
WAY FOR A CORNER, THENCE SOUTH 88025' WEST, 410 FEET ALONG SAID CENTERLINE OF PINE
WAY TO A POINT OF BEGINNING. LESS THE WEST 20 FEET AND THE SOUTH 20 FEET FOR
ROADWAYS. MORE ACCURATELY DESCRIBED AS: BEGINNING AT THE WEST 1/4 CORNER OF
SECTION 17, TOWNSHIP 20 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA, RUN NORTH
88025' EAST, ALONG THE SOUTH LINE OF THE NORTHWEST I/4 OF SAID SECTION 17 AND THE
CENTERLINE OF PINE WAY, 410 FEET; THENCE NORTH 01035, WEST 60 FEET; THENCE NORTH
16001'09'' WEST 53 FEET; THENCE NORTH 50°01'05'' WEST, 82 FEET; THENCE NORTH 01°06'45'' WEST
312 FEET; THENCE NORTH 68°16'45" WEST 248 FEET; THENCE NORTH 86046'07'' WEST 109.18 FEET TO
THE WEST LINE OF SAID NORTHWEST 1/4; THENCE SOUTH 01026'35'' EAST 585 FEET TO THE POINT
OF BEGINNING. LESS THE WEST 20 FEET AND THE SOUTH 20 FEET FOR ROADWAYS.
ALSO LESS THE ADDITIONAL RIGHT OF WAY FOR PINE WAY.
6
SAID LANDS BEING MORE PARTICULAR DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SECTION 17, TOWNSHIP 20 SOUTH, RANGE 30 EAST; THENCE
RUN N.00°19'09"W. ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 17 , A
DISTANCE OF 40.00 FEET; THENCE S.89°48'54"W. , A DISTANCE OF 25.00 FEET TO A POINT ON THE
NORTH RIGHT-OF-WAY LINE OF PINE WAY AND THE WEST RIGHT-OF-WAY LINE OF
PENNSYLVANIA AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE
WESTERLY ALONG SAID LINE, A DISTANCE OF 631.60 FEET; THENCE RUN S.00°18'39"W. ALONG
SA1D LINE, A DISTANCE OF 20.00 FEET; THENCE RUN S.89°48'54"W. ALONG SAID LINE, A DISTANCE
OF 1559.91 FEET; THENCE N.00°25'34"W., A DISTANCE OF 41.72 FEET; THENCE N.14°51'43"W., A
DISTANCE OF 53.00 FEET; THENCE N.48°51'39"W., A DISTANCE OF 82.00 FEET; THENCE N.00°02'41 "E.,
A DISTANCE OF 312.00 FEET; THENCE N.67°07'I9"W., A DISTANCE OF 248.00 FEET; THENCE
N.85°36'41"W., A DISTANCE OF 89.11 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF
INGRAM AVENUE; THENCE N.00°I 7'10"W. ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 740.87
FEET; THENCE S.89°47'24"W., A DISTANCE OF 20.00 FEET TO A POINT ON THE WEST LINE OF SAID
NORTHWEST 1/4; THENCE N.00°17'I0"W., A DISTANCE OF 662.13 FEET; THENCE N.89°46'40"E., A
DISTANCE OF 1,312.64 FEET TO A POINT ON THE WEST LINE OF PALM HAMMOCK ALLOTMENT, AS
RECORDED IN PLAT BOOK 1, PAGES 104 AND 105, OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; THENCE N.00°IS'09"W. ALONG SAID WEST LINE, A DISTANCE OF 642.43 FEET;
THENCE N.89°45'53"E., A DISTANCE OF 656.23 FEET; THENCE N.00°I8'39"W., A DISTANCE OF 20.00
FEET; THENCE N.89°45'53"E., A DISTANCE OF 414.36 FEET TO A POINT ON A CURVE CONCAVE TO
THE NORTHEAST WITH A RADIUS OF 1081.45 FEET, SAID POINT BEING ON THE SOUTHERLY RIGHT-
OF-WAY LINE OF EAST LAKE MARY BOULEVARD; THENCE FROM A RADIAL BEARING OF
N.31°47'15"E. RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT-OF-WAY
THROUGH A CENTRAL ANGLE OF 10°31'02" AND AN ARC DISTANCE OF 198.51 FEET TO A POINT ON
THE WESTERLY RIGHT-OF-WAY LINE OF BRISSON AVENUE PER EAST LAKE MARY BOULEVARD
RIGHT-OF-WAY MAP; THENCE S.00°19'09"E., A DISTANCE OF 89.89 FEET; THENCE S.89°40'51"W., A
DISTANCE OF 260.00 FEET; THENCE S.00°19'09"E., A DISTANCE OF 425.00 FEET; THENCE
N.89°40'51"E., A DISTANCE OF 300.00 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF
PENNSYLVANIA AVENUE; THENCE S.00° 19'09"E. ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF
2,006.70 FEET TO THE POINT OF BEGINNING.
CONTAINING 5,601,352.79 SQUARE FEET OR 128.593
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SITE
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3890 Brisson Avenue
Parcel No: 07-20-31-5LR-0D00-0000
17-20-31-300-0030-0000
17-20-31-300-003A-0000
17-20-31-300-006A-0000
17-20-31-5AZ-0000-0290
17-20-31 -SAZ-0000-029A
17-20-31-5AZ-0000-0300
17-20-31-5AZ-0000-0330
17-20-31-5AZ-0000-033A
17-20-31 -SAZ-0000-034A
17-20-31-5AZ-OO00-034B
17-20-31-5AZ-0000-0350
17-20-31 -SAZ-O000-035A
17-20-31-5AZ-0000-0360
17-20-31-5AZ-0000-0380
17-20-31-5AZ-0000-0390
17-20-31 -SAZ-0000-0400