4259 Rezone Sanford LoftsOrdinance No. 4259
An ordinance of the City of Sanford, Florida relating to the Sanford
Lofts planned development; providing for the rezoning of real
property totaling approximately 0.34 acre in size and located at 111
North Palmetto Avenue within the City Limits (map of the property
attached) from Planned Development ( "PD ") as approved in
Ordinance Number 4109, enacted on July 14 2008, as extended, to a
revised and amended 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 but
providing for a PD amendment; providing for severability; providing
for non - codification and providing for an effective date.
Whereas, Florida Superior Properties Economic Community Services, Inc. is the
owner of certain real property within the City Limits of the City of Sanford and 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 (TT) zoning classification from the existing PD; and
Whereas, the subject property is located on the southeast corner of
Commercial Street and Palmetto Avenue with an address of 111 N. Palmetto Avenue
and the property is currently vacant and is used for parking; and
Whereas, on July 14, 2008 the City Commission enacted Ordinance Number
4109 rezoning the subject site to PD, Planned Development, for the Sanford Lofts, a
mixed use retail and 10 unit residential project (Planned Development); and.
Whereas, the City Commission determined that the prior approval was
warranted based on consistency with the assigned future land use designation, as
assigned by the City's Comprehensive Plan and the approval was subject to the
development being a maximum of 4 stories in height and subject to the following
additional conditions and stipulations:
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1. Pursuant to the City's Land Development Regulations, Section
4.3.G, the PD rezone shall expire 3 years from the effective date of
Ordinance Number 4109 if substantial completion has not been
accomplished;
2. The designated delivery parking on Commercial Street shall be a
maximum of 30' in length, measured from the new drive entry going
towards the west and shall have a posted time limit of 15 minutes;
3. The existing alley entrance shall be reconstructed so as to avoid
conflicts with the entrance to the gated parking area;
4. Approval of the proposed PD Master Plan does not guarantee the
location, number or design of any on- street parking spaces shown. The
City shall retain complete authority for the design and use of on street
parking at anytime;
5. If the City allows or requires any improvements to or on City owned
property, said improvements must be completed, inspected and approved
by the City before any certificate of occupancy is issued;
6. Stormwater issues (i.e. stormwater credits vs. on -site storage) must
be resolved before a site development permit is issued;
7. No City permits for demolition, earthwork, development or
construction will be issued until all required Federal, State and local
permits are obtained;
8. Construction is allowed only between the hours of 7 Ann and 7 PM,
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Monday thru Friday, and construction activities must be suspended on
City designated legal holidays or such other days as may be designated
by the City;
9. Construction staging areas, vehicles, equipment and material
storage and construction trailers shall be located on site and shall not
encroach on the existing parking areas or lessen the number of public
parking spaces. Construction equipment or materials shall not be stored in
the right of way;
10. It is the responsibility of the developer to obtain approval from the
Public Works Department for any temporary road closures;
11. All rooftop appurtenances must be screened from view at the
property line;
12. Prior to issuance of a certificate of occupancy, all City streets
adjoining the project must be inspected by City staff and damages
repaired and if necessary streets resurfaced to City standards at the
developers expense;
13. A construction truck and /or vehicle route must be submitted to and
approved by the City as a part of the development plan submittal process.
The route shall specifically prohibit use of Seminole Boulevard and the
downtown portions of 1 st Street; and
14. Any visible portion of the roof (parapet, hiproof, built up roof) shall
include tile treatment as approved by the Historic Preservation Board.
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Whereas, the above requirements are included in a PD Development Order
( #08 -12) that was executed and recorded in the official records of Seminole County in
2008 (Official Records Book 07090, Pages 1249 - 1256); and
Whereas, on June 23, 2011 a PD Development Order ( #11 -13) was executed
extending the Sanford Lofts PD Rezone as approved by the City Commission on July
14, 2008 for a period of time not to exceed 6 months; and
Whereas, the Historic Preservation Board approved for the proposed PD
building's architectural design on February 23, 2011; and
Whereas, the City's Planning and Development Services Department has
conducted a thorough review and analysis of the demands upon public facilities and
recommend that the subject rezoning application be approved; and
Whereas, the 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 October 20, 2011 the Planning and Zoning Commission of the City
of Sanford recommended that the City Commission deny the subject rezoning as set
forth in this Ordinance, but stated no codal basis for making such recommendation; and
Whereas, the City staff, recommended approval of this Ordinance subject to
normative development conditions; and
Whereas, the City Commission has 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
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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:
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 Sanford Lofts PD remains approved subject to the specific changes
have been approved in the application acted upon herein which 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 0.34 acre shall be rezoned from the
zoning classification resulting from a separate and distinct Planned Development ( "PD ")
consistent with the provisions of this Ordinance.
(b). 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
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appropriate to accomplish the action taken in this Ordinance.
(c). The conditions to be incorporated into the pertinent amended
development order relating to the action taken in this Ordinance include the following:
(1). The property shall be developed generally in accordance with the land
uses and development standards identified on the Sanford Lofts PD Master Plan, dated
March 2011, unless otherwise specified in these conditions.
(2). All previous conditions required with the PD Master Plan approved for the
Sanford Lofts project in 2008 shall remain in effect unless otherwise amended herein.
(3). Unless otherwise specified, the PD rezone shall expire three years from
the effective date of the approval of this ordinance if all required improvements have not
been completed or an extension granted.
(4). The final design and location of all driveways and access points including,
but not limited to, cross access locations throughout the project, will be determined
during development plan review.
(5). Dedicated pedestrian walkways shall be designed to connect all buildings
to the surrounding streets, external sidewalks, and /or transit stops.
(6). There shall be no outside storage or display of vending machines, pay
phones, news racks, or similar structures within view of any right of way. All such
appurtenances shall be contained within an enclosed building or screened from view.
(7). In order to mitigate noise impacts of the project being constructed within
the Entertainment District, and to place purchasers on notice of the noise impacts
anticipated, the owner shall execute a noise easement akin to the airport avigation
easement or similar instrument acceptable to the City Attorney.
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(8). The total number of residential units on the upper 3 floors of the building
are increased from 10 units to 17 units.
(9). The 17 residential units will be rental instead of condominium units.
(10). The rental units will be designed for seniors and will be limited to residents
of 62 years of age or older in a manner authorized by controlling law.
(11). The unit sizes will decrease from an approximate average of 1,200 square
feet each to unit sizes approximately 460 to 690 square feet.
(12). Common space areas /amenities such as a library, game room and theatre
room have been added.
(13). Minor site plan grading changes have been made to accommodate
ground floor accessible entrances.
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.
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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 12 day of December, 2011.
Attest.
City Commission of the City of
Sanford, Florida A
Janet Dougherty, Cit Clerk Jeff Triplett,
Approved as to form and legal sufficiency.
/William L. Colbert, City Attorney
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