4267 Sanford Auto MallOrdinance No. 4267
An ordinance of the City of Sanford, Florida relating to the
amendment of the Sanford Auto Mall (now known as "Evolution
Auto ") planned development; providing for the rezoning of real
property by adding 2.57 acres located at 1300 Rinehart Road within
the City Limits (map of the property attached) from Planned
Development ( "PD "); providing for the taking of implementing
administrative actions; providing for the adoption of a map and PD
master plan by reference; providing for conflicts, but providing for a
PD amendment and harmonization with prior actions by the City;
providing for severability; providing for non - codification and
providing for an effective date.
Whereas, the Government of Seminole County and SAMY Reality, LLC are the
owners of certain real property within the City Limits of the City of Sanford (assigned
Tax Parcel Identification Numbers 32- 19 -30- 501 - 0000 -005B, 32- 19 -30- 501 - 0000 -010D,
and 32- 19 -30- 501 - 0000 -0050 by the Seminole County Property Appraiser) 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 from the existing PD to which the
property is assigned and approved; and
Whereas, on June 23, 2003 the City Commission enacted Ordinance Number
3786 establishing the Sanford Auto Mall PD subject to Development Order Number 03-
0021 that included the following development conditions that were accepted and
agreed to by the owner of the property:
(1). All Development is to be generally in accordance with the Sanford
Auto Mall PD Master Plan dated April 30, 2003;
(2). All Development shall be in accordance with the City of Sanford's
Land Development Regulations;
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(3). The site shall be developed in accordance with Sanford's gateway
corridor standards for landscaping and signage with the freestanding sign not
exceeding 50 square feet;
(4). A reclaimed water line shall be extended to the site, and to use
reclaimed water for all non potable purposes; and
(5). There shall be no elevated display areas. (All automobiles shall be
at grade only).
; and
Whereas, the subject property is located is located on the west side of Rinehart
Road, just south of the Central Florida Greeneway (State Road 417); and
Whereas, on December 12, 2011, the City Commission enacted Ordinance
Number. 4257 annexing 2.57 acres adjacent to the Sanford Auto Mall PD site on the
west and the applicant is requesting to amend the PD Master Plan for Sanford Auto
Mall by adding the additional 2.57 acres; and
Whereas, the PD amendment proposes to expand the existing Sanford Auto
Mall /Evolution Auto dealership with additional parking, office and retail uses; and.
Whereas, on March 3, 2011 the applicant, on behalf of the property owners (the
applicant also being the engineer of record), Jean Abi -Aoun, P.E., Vice President,
LEED® AP, Florida Engineering Group, submitted the subject application; and
Whereas, Sanford Auto Mall /Evolution Auto is located within a potable water
wellfield protection zone and, although automotive and light industrial related uses may
be proposed, any development within the wellfield protection zone are required to
comply with all applicable City, State and Federal laws, rules and regulations and land
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use restrictions to ensure the City's potable water supply is protected; and
Whereas, all required traffic analyses will occur during the development plan
review process, if warranted, and shall be accomplished in accordance with sound and
generally accepted engineering practices and principles; and
Whereas, the City's Planning and Development Services Department has
conducted a thorough review and analysis of the demands upon public facilities and
recommended that the subject rezoning application be approved having determined
that the proposal is technically sufficient and consistent with the goals, policies and
objectives of 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 Citizen's Awareness Participation Plan (CAPP) requirements of
the City relative to the proposed rezoning have been satisfied in that the applicant
mailed notice to adjoining property owners who own properties located within 500' on
December 2, 2011 and provided a CAPP summary to the City; and
Whereas, on February 2, 2012 the Planning and Zoning Commission of the City
of Sanford recommended that the City Commission approve the rezoning request and
recommended that such approval be subject to numerous conditions; 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
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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.
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 approval set forth in this Ordinance is subject to the specific
conditions that 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; Sanford Auto
Mall /Evolution Auto.
(a), Upon enactment of this Ordinance the property, as depicted in the map
attached to this Ordinance shall be rezoned from the zoning classification resulting from
a separate and distinct Sanford Auto Mall /Evolution Auto 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 with
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regard to the Sanford Auto Mall /Evolution Auto PD 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.
(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 Auto Mall (Evolution Auto)
Amended Master Plan, dated as received December 7, 2011, unless otherwise
specified in these conditions.
(2). The use and design of all existing and proposed improvements shall
comply with all applicable wellfield protection policies and requirements as well as with
all applicable City, State and Federal laws, rules and regulations and land use
restrictions to ensure the public water supply is protected.
(3). 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 including closing /piping open ditches.
(4). All wet ponds shall incorporate a decorative fountain feature subject to the
approval of the City.
(5). Dedicated pedestrian walkways shall be designed to connect all buildings
to the surrounding streets, external sidewalks, transit stops and out parcels.
(6). Outside storage or display of vending machines, pay phones, news racks
or similar structures within view of any rights of way is prohibited. All such
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appurtenances shall be contained within an enclosed building or screened from view.
(7). The property shall be developed in accordance with the City's gateway
corridor standards for landscaping and signage. In addition to the existing Evolution
Auto sign, one additional freestanding sign not exceeding 50 square feet is permittable.
(8). Elevated display areas are prohibited. All automobiles shall be parked and
displayed at grade only.
(9). 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 and cross access easements, as deemed necessary
by the City, shall be granted to the City in a form acceptable to the City.
(10). Except as permitted during construction, the additional 2.57 acre site shall
not access Rinehart Road until all required intersection improvements at Oregon
Avenue have been completed.
Section 3. Incorporation of map and PD Master Plan for Sanford Auto
Mall /Evolution Auto.
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. City staff shall harmonize the approval and actions set forth herein together
which those taken relative to the Sanford Auto Mall/ Evolution Auto PD.
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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.
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 March, 2012.
Attest:
City Commission' o the City of
Sanford, Florida
anet Dougherty, CWy Clerk f Jeff Tripl
Approved as to form and legal sufficiency.
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Center
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David Maus Toyota
Sam's Club
CarMax
Plantation
Lakes
Apartments
Colonial Village
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Site
1300 Rinehart Road
Parcel No: 32-19-30-501-0000-0050
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