4273 Rezone - 3795 Brisson AvenueOrdinance No. 4273
An ordinance of the City of Sanford, Florida relating to the Brisson
Avenue East planned development; providing for the rezoning of real
property totaling approximately 60.43 acres in size (consisting in
four tax parcels) and located at 3795 Brisson Avenue (Property
Appraiser Tax Parcel Identification Numbers: 17-20-31- 501 -0000-
0010, 17- 20 -31- 501 - 0000 -0040, 17- 20 -31- 501 - 0000 -0030 and17- 20 -31-
501- 0000 -0080) within the City Limits (map of the property attached)
from Planned Development ( "PD ") as approved in Ordinance Number
4017, enacted on September 25, 2006; 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, Brisson Investments, LLC is the owner of certain real property, totaling
approximately 60.43 acres in size (consisting of 4 tax parcels of real property) and
located at 3795 Brisson Avenue located at the southeast corner of Brisson Avenue and
E. Lake Mary Boulevard and has 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; and
Whereas, the applicant Stephen H. Coover of Hutchison, Mamele & Coover,
P.A., on behalf of the owner, has applied to rezone the subject 60.43 acres of real
property in order to amend the current PD in modifying the townhome section approved
for 144 units to 40 feet wide single family lots; 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
Whereas, on May 17, 2012 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,
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recommended normative development conditions; 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 it 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 Brisson Avenue East PD remains a residential 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.
211'agc
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 60.43 acres shall be rezoned from the
zoning classification resulting from a separate and distinct Planned Development ( "PD ")
resulting from zoning actions by the City as approved in Ordinance Number 4017
enacted on September 25, 2006; the Brisson Avenue East PD (3795 Brisson Avenue or
Property Appraiser Tax Parcel Identification Numbers: 17- 20 -31- 501 - 0000 -0010, 17 -20-
31- 501 - 0000 -0040, 17- 20 -31- 501 - 0000 -0030 and 17- 20 -31- 501 - 0000 - 0080).
(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
appropriate to accomplish the action taken in this Ordinance.
(c). The conditions to be incorporated into the pertinent development order to
be signed and executed within 90 days of the adoption of the ordinance by the City
Commission or the rezone reverts back to the previous zoning classification, 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 Brisson East PD Master Plan
submitted on April 12, 2012, unless otherwise specifically set forth in this Ordinance.
(3). Revise the Recommended Condition 5 on Sheet 1 by changing the
referenced Tract F to a new Tract I.
(4). Add Tract I to the Tract Table on Sheet 5 as the Park/Mail
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Kiosk/Community Meeting Facility that will be owned and maintained by the
Homeowners Association.
(5). Open space per lot shall be a minimum of 50 %.
(6). The setbacks for the 40 feet wide lots shall be 25 feet for the front yard; 5
feet side yard (with air conditioning units or other similar appurtenances in the rear) and
10 feet for the rear yard for accessory uses and structures.
(7). 5 feet wide sidewalks on both sides of the streets.
(8). A dog walk area with waste collection receptacles.
(9). A School Capacity Availability Letter of Determination letter shall be
required from the Seminole County School District prior to the recording of the final plat.
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.
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.
411',1 -e
Section 7. Effective Date This Ordinance shall take effect immediately upon
the execution and recording of the Development Order referenced above, provided that
said Development Order is fully executed and delivered to the City Clerk for recording
within ninety (90) days of the date of adoption of this Ordinance, otherwise this
Ordinance shall be null and void and of no force and effect.
Passed and adopted this 25 day of June, 2012.
Attest:
cr (P--,
Jaaet•DOUghefty, City Clerk
c.y,4-i•: a Q6 rtes, D4ta,..V
Approved as to form and legal sufficiency.
/v (, n
City Commission the City of
Sanford, Florida
Jeff Triplett,
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