4237 Tuscany Village rezoneOrdinance No. 4237
An ordinance of the City of Sanford, Florida relating to the Tuscany
Village planned development; providing for the rezoning of real
property totaling approximately 14.52 acres in size (consisting in two
parcels of 9.55 acres and 4.97 acres respectively) and located at 165
Elder Road and 4201 West First Street (Property Appraiser Tax
Parcel Identification Numbers: 28- 19 -30- 506 - 0000 -0050, 28-19-30-506 -
0000 -005A, 28- 19 -30- 506 - 0000 -0060, 28- 19 -30- 506 - 0000 -006A and 28-
19-30- 506 - 0000 -0070) within the City Limits (map of the property
attached) from Planned Development ( "PD ") as approved in
Ordinance Number 3980, enacted on April 10, 2006, Ordinance
Number 4200, enacted on January 11, 2010, and Ordinance Number
4215, enacted on August 9, 2010, to the Tuscany Village PD;
providing for the taking of implementing administrative actions;
providing for the adoption of a map and PD Master Plan by
reference; repealing all conflicting ordinances; providing for
severability; providing for non - codification and providing for an
effective date.
Whereas, MMM Investments, LLC is the owner of certain real property, totaling
approximately 14.52 acres in size (consisting in 2 parcels of 9.55 acres and 4.97 acres
respectively) and located at 165 Elder Road and 4201 West First Street, and they
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; and
Whereas, the applicant has applied to rezone the subject 14.52 acres of real
property in order to develop a mixed use development project providing for mixed use
retail, professional office and hotel uses; and
Whereas, the City's Planning and Development Services Department has
conducted a thorough review and analysis of the demands upon public facilities should
the subject rezoning application be approved; and
1IPaL_
Whereas, the City's Planning and Development Services Department has
determined that, in agreement with the application, that the general intent of the traffic
impact analysis and parking study for the proposed development were based on a
mixed use project of similar intensity and although the details of the development have
changed the general intent of the study still supports the reduction in parking as
proposed; and
Whereas, a Citizen's Awareness Participation Plan (CAPP) requirements of the
City relative to the proposed rezoning to a new PD have been satisfied; and
Whereas, on March 17, 2011 the Planning and Zoning Commission of the City
of Sanford recommended that the City Commission approve the subject rezoning as set
forth in this Ordinance and, together with the recommendations of the City staff,
recommended normative development conditions such as, but not limited to, the
requirement that a development plan relating to the property be prepared by a Florida
registered engineer and be submitted, reviewed and approved; and
Whereas, the Planning and Zoning Commission and the City Commission have
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 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:
21Page
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 Tuscany Village PD remains a mixed use retail, professional office
and hotel project and the overall development remains mostly unchanged. However,
the specific changes have been approved to accommodate design and programming
objectives which changes are set forth subsequently in this Ordinance.
(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 property /implementing actions.
(a), Upon enactment of this Ordinance the following property, as depicted in
the map attached to this Ordinance and totaling approximately 14.52 acres in size
(consisting in two parcels of 9.55 acres and 4.97 acres respectively) and located at 165
Elder Road and 4201 West First Street, shall be rezoned from the zoning
classification resulting from separate and distinct Planned Development ( "PD ") zoning
actions by the City as approved in Ordinance Number 3980, enacted by the City
Commission on April 10, 2006, Ordinance Number 4200, enacted by the City
Commission on January 11, 2010, and Ordinance Number 4215, enacted on August 9,
2010, to a new PD (Property Appraiser Tax Parcel Identification Numbers: 28- 19 -30-
31Pa e
506 - 0000 -0050, 28- 19 -30- 506 - 0000 -005A, 28- 19 -30- 506 - 0000 -0060, 28- 19- 30 -506-
0000 -006A and 28- 19 -30- 506 - 0000 - 0070). The subject property is also described as:
The South 321.2' of the West 315.49' of Lot 5 (less the West 10' for road)
of the Plat of SMITH'S THIRD SUBDIVISION, as recorded at Plat Book 1,
Page 86 of the Public Records of Seminole County,
together with:
Lot 5 (less the South 321.2') of the Plat of SMITH'S THIRD
SUBDIVISION, as recorded at Plat Book 1, Page 86 of the Public Records
of Seminole County,
together with:
Lot 6 (less the South 132') of the Plat of SMITH'S THIRD SUBDIVISION,
as recorded at Plat Book 1, Page 86 of the Public Records of Seminole
County,
together with:
The South 132' of Lot 6 of the Plat of SMITH'S THIRD SUBDIVISION, as
recorded at Plat Book 1, Page 86 of the Public Records of Seminole
County,
together with:
Lot 7 of the Plat of SMITH'S THIRD SUBDIVISION, as recorded at Plat
Book 1, Page 86 of the Public Records of Seminole County.
(b). A summary of the changes made to the PD is as follows:
Approved PD (Ordinance No. 4215)
Amended PD
Base Building Line Setback from SR 46 -
175 feet
Base Building Line Setback from SR 46 -
135 feet
Front Yard Setback - 50 feet
No Change
Side Yard Setback- 20 feet
No Change
Rear Yard Setback - 20 feet
No Change
Abutting Residential Setback - 50 feet
Abutting Residential Setback - 20 feet (east
side onl
Front Yard Buffer - 25 ft
No Change
Side Yard Buffer -10 feet
No Change
Rear Yard Buffer - 25 ft
No Change
41Page
Approved PD (Ordinance No. 4215)
Amended PD
Abutting Residential Buffer - 25 feet, with
Abutting Residential Buffer - 20 feet, no wall
wall
east side onl
Bank - 3,500min /5,000 max/4,500
No Bank
p roposed
Hotel -100 room minimum
Hotel — 60 room minimum
200 room maximum
250 room maximum
120 room proposed (max. height
120 room proposed (max. height
100 feet)
100 feet
Office - 14,600 square feet minimum
Office - 10,000 square feet minimum
32,000 square feet maximum
100,000 square feet maximum
14,800 square feet proposed
37,631 square feet proposed
Retail - 40,000 square feet minimum
Retail - 40,000 square feet minimum
75,700 square feet maximum
250,000 square feet maximum
71,700 square feet proposed
82,524 square feet proposed
Restaurant - 40,000 square feet
Restaurant — 22,000 square feet minimum
minimum
75,000 square feet maximum
70,000 square feet
44,385 square feet proposed
maximum
(1,220 seats)
50,000 square feet
p roposed
Required Parking 984/ Provided 661
Required Parking 1008/ Provided 698
32.8% reduction
30.7% reduction
No standards for parking space sizes on
Allow regular parking spaces to be 9' x 18'
Master Plan — defaults to LDR which
minimum
requires regular parking spaces sizes to
be 10'x 20' minimum
No standard for maintenance berm on
Allow a minimum of 10 feet in width for
pond —
maintenance berms in ponds with or without
Default to LDR — Adequate maintenance
fencing.
berms shall be provided and shall be a
minimum of 20 feet in width for ponds
with fencing and a minimum of 15 feet in
width for ponds without fencing.
No standard for side slope —
Allow for 4:1 pond side slope and no
Default to LDR- Maximum allowable side
requirement for fencing if pond side slope is
slopes shall be 6:1 unless otherwise
4:1 or flatter.
approved by the Administrative Official.
51Paoe
Approved PD (Ordinance No. 4215)
Amended PD
No standard for Fencing around Pond —
No fencing requirements for ponds with
Default to LDR- Facilitates shall be fenced
respect to these criteria.
when the water depth exceeds two feet
for a period greater than 24 hours or the
depth of the facility exceeds five feet.
No standard for Fencing around Pond —
Allow for pond fencing a minimum of 4 feet
Default to LDR -Pond fencing shall be
in height
minimum of 6 feet in height
Retaining walls per LDR
Allow retaining walls for up to 50% of the
ponds perimeter with 4 -foot high fence
requirement
(c). The City Manager, or designee, is hereby authorized to execute any
documents necessary to formalize approval of the rezoning action taken herein 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.
(d). The conditions to be incorporated into the pertinent development order
relating to the action taken in this Ordinance include, but are not limited to, the
following:
(1). Pursuant to Section 4.3.G of the Land Development Code of the City of
Sanford, this rezoning shall expire 3 years from the effective date of the approval of this
Ordinance if all improvements have not 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 Tuscany Village PD Master Plan,
dated January 3, 2011 and with revisions received February 24, 2011, unless otherwise
specifically set forth in this Ordinance.
61Paoe
(3). The project may not exceed the maximum development entitlements as
set forth in development standards on the Tuscany Village PD Master Plan without
approval of the Planning and Zoning Commission.
(4). Compliance with the subdivision review procedures and requirements set
forth in the Land Development Regulations shall be required prior to any subdivision of
any portion of this PD.
(5). All wet stormwater ponds within the subject property shall contain a
decorative fountain feature approved by the City staff.
(6). The City's Land Development Regulations require that any wet bottom
retention area with a slope steeper than 6:1 to be fenced and the property owner shall
evaluate with, and accept the direction of, City staff relative to determining the safe,
effective security measures relative to the ponds including, but not limited to, utilizing a
decorative fence, six feet (6') in height, as approved by City staff, in that area located
along the State Road 46 right -of -way. If City staff and the property owner are unable to
negotiate specific details, the request will be submitted to the Planning and Zoning
Commission for consideration and the issuance of a development order.
(7). The final design and location of all driveways and access points including,
but not limited to, cross access locations throughout the project, shall be determined,
and shall be subject to City approval, during development plan review.
(8). Required parking will be based on the actual use of the building or area
and consistent with the parking study as presented with the Tuscany Village PD Master
Plan.
71Page
(9). Stormwater design requirements may be increased by the City if
warranted on the basis of technical requirements and generally accepted engineering
practices and principles. The stormwater system shall be constructed to urban design
standards, as approved by the City, including, but not limited to, closing /piping open
ditches.
(10). Dedicated pedestrian walkways shall be designed to connect all buildings
to the surrounding streets, external sidewalks, transit stops and out parcels.
(11). Outside storage or display of vending machines, pay phones, news racks,
or similar structures are prohibited within the project and all such appurtenances shall
be contained within enclosed buildings.
(12). If the City of Sanford, Seminole County and Lynx determine that
enhancements to the existing bus stop or relocation of the bus stop would be
appropriate for this project; the property owner shall coordinate that use with the
aforementioned agencies of government and take such implementing actions as may
result from such coordination.
(13). The property owner shall improve Elder Road as required by Seminole
County and /or the City. The extent of improvements will be determined, by the City,
during the development plan review process and shall be generally based upon the final
design and traffic study as evaluated by the City.
(14). Automotive (vehicular uses), funeral home, mortuary and crematory,
industrial and agriculture uses are prohibited on the subject property together with such
other prohibited uses as may be set forth in controlling law, code, ordinance, rule,
regulation or policy.
81Pagc
(15). An easement for City services, in a form and of a content approved by the
City, 15' in width and running along State Road 46, shall be granted to the City, at no
cost to the City, no later than 6 months from the effective date of this Ordinance, but, in
any event, prior to any certificate of occupancy is issued in implementation of the
Tuscany Village PD Master Plan. The property owner agrees that the City has shown
an essential nexus between a legitimate City interest and the conditions imposed herein
including, but not limited to, this one relating to the grant of an easement and further
agree that the City has established that all proposed conditions are roughly proportional
to the impacts of the development upon the public and problems addressed herein
based upon an individualized determination that the required dedication and
commitments are related in both nature and extent to the impacts of the proposed
development.
Section 3. Incorporation of map and PD Master Plan. The map attached to
this Ordinance is hereby ratified and affirmed and incorporated into this Ordinance as a
substantive part of this Ordinance. The PD Master Plan is also hereby ratified and
affirmed and incorporated into this Ordinance as a substantive part of this Ordinance.
Section 4. Conflicts. All ordinances or part of ordinances in conflict with this
Ordinance are hereby repealed
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.
91Page
Section 6. 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 7. Effective Date This Ordinance shall take effect immediately upon
enactment.
Passed and adopted this 9th day of May, 2011.
Attest.
SHE Wei
City Commission of the /pity of
Sanford, Florida
Jeff Triplett, Mayor
Approved as to form and legal sufficiency. /-U
William L. Colbert, City Attorney
T:1Development RevievA03 -Land Development\2011 \Tuscany Village PD Amendment - 2011VApril 25th CC Meeling%Ordinance No 4237 -Tuscany Village PD Rezoning -LNG-
#24- 18- 11.doc
101Pa«e