Loading...
4300 Rezone Town Center White Cedar PDOrdinance No. 4300 An ordinance of the City of Sanford, Florida relating to the Town Center at White Cedar Planned Development ( "PD ") which is to be renamed the Cedar Pointe PD; providing for the rezoning of real property totaling approximately 68.42 acres which total site consists of 11 vacant parcels and located generally and addressed at 133 North White Cedar Road (Property Appraiser Tax Parcel Identification Numbers: 16 -19 -30 -5AC- 0000 -0740, 16-19-30- 5AC -0000- 0750, 16 -19 -30 -5AC- 0000 -075B, 16 -19 -30 -5AC- 0000 -0800, 16-19-30 - 5AC- 0000 -080A, 16 -19 -30 -5AC- 0000 -089A, 16-19-30- 5AC -0000- 089B,16 -19 -30 -5AC- 0000 -0900, 16 -19 -30 -5AC- 0000 -0930, 16-19-30 - 5AC- 0000 -0940 and 16 -19 -30 -5AC- 0000 -001-0) all located within the City Limits (map of the property attached) from PD as approved in Ordinance Number 4129, enacted on August 25, 2008; 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, M &I Regional Properties, LLC and the City of Sanford are the owners of certain real property, totaling approximately 68.42 acres) in size (consisting of 11 tax parcels of real property) and located at parcels addressed at 133 North White Cedar Road 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 with the former PD being known as the Town Center at White PD and the new project being named the Cedar Pointe PD; and Whereas, on August 25, 2008, the City Commission enacted Ordinance Number 4129 rezoning the 68.42 acres to PD, Planned Development, in accordance with the Town Center at White Cedar PD Master Plan and subject to specific development conditions as recommended by the Planning and Zoning Commission on July 3, 2008; and Whereas, the underlying Future Land Use on the subject property is WIC, Westside Industry & Commerce, a mixed use designation intended to promote the development of employment centers in the vicinity of the West State Road 46 corridor and the commuter rail station; and Whereas, the corridor's proximity to Interstate Highway 4 as well as State Road 417 and the SunRail commuter line provides access to regional markets and a substantial labor force; and Whereas, the CSX Main Rail Line also provides a transportation amenity of regional significance; and Whereas, the WIC designation permits both a vertical and horizontal land use mix of commercial, office and residential; and Whereas, the maximum intensity for commercial, office, and industrial development is a floor area ratio of .50; and and Whereas, the maximum residential density shall be 20 dwelling units per acre; Whereas, Shaman J. Foradi, on behalf of the property owners, applied to rezone the subject 68.42 acres of real property by converting portions of the PD development approved for commercial, office, warehouse uses to a PD including residential uses with the new PD containing mixed uses including single and multiple - family residential, commercial, industrial, office and warehouse development; and Whereas, the Applicant for the property owners has submitted a request to amend the approved Town Center at White Cedar PD Master Plan and rename it the Cedar Pointe PD with a new master plan containing a 125 single family residential lot development with commercial parcels along the west side of North White Cedar Road on the 35.96 acre site north of Narcissus Road while replacing the approved 214 apartment units with 64 single family residential lots and changing a 229 unit apartment 211) complex to a 112 unit townhome complex, south of Narcissus Road east and west of North White Cedar Road while thee commercial and industrial uses are proposed to immediately front State Road 46; and Whereas, the City also owns a parcel at the northwest corner of North White Cedar Road and Narcissus Avenue which was planned for a future site as a public safety facility with the Applicant and co- property owner proposing to relocate the City site north to the proposed Parcel 10 adjacent to the existing retention pond at the corner of Iowa Avenue and North White Cedar Road; and Whereas, the Applicant held two Citizen Awareness and Participation Plan meetings for adjacent property owners to describe the proposed changes and address their concerns with the first meeting being held on May 17, 2013 and the second meeting being held on June 6, 2013; 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 July 18, 2013 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 as well as the conditions set forth herein; 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 3�Pagc 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 said recitals being fully adopted and incorporated as an integral part of this Resolution. (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. 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, totaling 68.42 acres in size, shall be rezoned from the zoning classification resulting from a separate and distinct PD zoning action by the City as approved in Ordinance Number 4129 rezoning the 68.42 acres (parcels addressed at 133 North White Cedar Road or Property Appraiser Tax Parcel Identification Numbers: 16 -19 -30 -5AC- 0000 -0740, 16 -19 -30 -5AC- 0000 -0750, 16-19-30 - 5AC- 0000 -07513, 16 -19 -30 -5AC- 0000 -0800, 16 -19 -30 -5AC- 0000 -080A, 16- 19- 30 -5AC- 0000-089A, 16 -19 -30 -5AC- 0000- 089B,16 -19 -30 -5AC- 0000 -0900, 16-19-30- 5AC -0000- 41Ilage 0930, 16 -19 -30 -5AC- 0000 -0940 and 16 -19 -30 -5AC- 0000 -OOLO) to a new and separate and distinct PD with the development conditions as set forth herein. (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 (which must be signed and executed within 90 days of the enactment of this Ordinance by the City Commission or the rezone reverts back to the previous PD zoning classification) relating to the action taken in this Ordinance include the following and the subject real property shall be subject to a development order with the following conditions: 1. Pursuant to Section 4.3.G of the Land Development Code of the City of Sanford, this rezoning shall expire 5 years from the effective date of the approval if 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 Cedar Pointe PD Master Plan submitted on June 19, 2013, unless otherwise specifically set forth in this Ordinance or any associated Development Order. 3. All air conditioning units shall be placed in the rear of the single family detached homes. The width of the road pavement shall be 30 feet wherever the center line radii is less than 100 feet. 4. The uses allowed on the commercial parcels 1 through 3 shall be limited to the uses allowed under the GC -2, General Commercial, zoning 5113age classification, exclusive of conditional uses as noted in the City's Land Development Regulations and excepting any specific uses noted on the plan. 5. The uses allowed on the commercial parcels 7 through 10 shall be limited to the uses allowed under the RC -1, Restricted Commercial, zoning classification, exclusive of conditional uses as noted in the City's Land Development Regulations and excepting any specific uses noted on the plan. 6. A fountain shall be installed in any wet retention ponds. 7. A dog walk area with waste collection receptacles shall be provided in each residential community. 8. A Comprehensive Signage Program meeting the standards of the Sign Regulations as noted in the City's Land Development Regulations shall be required. 9. Guest parking shall be provided in the area of the townhomes and the 40 -foot wide lots. 10. Within the 40 -foot wide lots and townhome areas of the subdivision, on street parking, if any, shall be restricted to allow public safety access as well as to restrict parking anywhere except within designated parking areas approved by the City. 11. Street lights are required on North White Cedar Road as well as on all interior streets in accordance with the City's Land Development Regulations, Schedule N, Section 3.2 B Other Utilities, Street Lights. 12. A School Capacity Availability Letter of Determination from the Seminole County School District is required prior the recording of the final 6111 plat. 13. The property owner shall work with staff to create an effective landscaping barrier in the reduced buffers proposed between the residential and non - residential uses. 14. The property owner shall dedicate the required right -of -way, where necessary, for both Narcissus and Iowa Avenues to equal a half right -of- way which is 30 -feet in width. 15. Unless specifically requested and approved on the PD Master Plan, any required elements missing from or not shown on the PD Master Plan shall otherwise comply with the City's Land Development Regulations. 16. The language required in Section 177.091(27), Florida Statutes, provides relating to plats shall be supplemented with the following underlined text in the plat(s) relating to the subject property: "NOTICE: This plat, as recorded in its graphic form, is the official depiction of the subdivided lands described herein and will in no circumstances be supplanted in authority by any other graphic or digital form of the plat. There may be additional restrictions that are not recorded on this plat that may be found in the public records of this County. The property that is platted is located in the Westside Industry and Commerce District (WIC) under the City of Sanford Comprehensive Plan and land development regulations. This district allows commercial and industrial uses. Commercial and industrial uses may be developed in proximity to the platted property subject to then existing planning and zoning codes and ordinances and land development regulations the City of Sanford." 17. A recreation /community facility will be constructed by the property owner on Tract F as depicted on the PD Master Plan submitted June 19, 2013, unless otherwise determined by the City. Section 3. Incorporation of documents. The documents attached to this Ordinance is hereby ratified and affirmed and incorporated into this Ordinance as a 71Pti „� r., 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 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 the execution and recording of the Development Order referenced in this Ordinance; provided, however, that said Development Order must be fully executed and delivered to the City Clerk for recording within 90 days of the date of enacted of this Ordinance. Otherwise, this Ordinance shall be null and void and of no force and effect. Passed and adopted this 26th day of August, 2013. Attest., Cynthia Porter, Deputy City Clerk Approved as to form and legal sufficiency. j. Wiliam L. Colbert, City Attorney City Commission of /�he City of Sanford, Florida Jeff Triplett, 8 1Page DOCUMENTS ATTACHED HERE 9 a e m x ws RM 9 Item No.16 CITY COMMISSION MEMORANDUM 13 -17S AUGUST 26, 2013 AGENDA TO: Honorable Mayor and Memberg of the City Commission �\_ � PREPARED BY: Janet R. Dougherty, City Clerk 1C SUBMITTED BY: Norton N. Bonaparte, Jr., City �er V SUBJECT: Amend the Town Center at White Cedar Planned Development to Cedar Pointe Planned Development THIS IS A QUASI-JUDICIAL MATTER AND, AS SUCH, REQUIRES DISCLOSURE OF ALL EX -PARTE COMMUNICATIONS, INVESTIGATIONS, SITE VISITS AND EXPERT OPINIONS REGARDING THIS MATTER. SYNOPSIS: Ordinance No. 4300, to amend the Town Center at White Cedar Planned Development, is being considered for second reading and adoption. FISCAL/STAFFING STATEMENT: Based on the 2012 tax rolls of Seminole County, ten of the eleven parcels (excluding the City owned parcel) were assessed as vacant multi family, general commercial and industrial with a total value of $5,083,343. The total 2012 tax bill for the ten parcels was $100,418. If the request to amend the Towne Center at White Cedar Planned Development is approved, the properties will be subject to the permitted uses as listed on the PD Master Plan. No additional staffing or City resources are required if the subject property is rezoned. BACKGROUND: The subject property is located north of SR 46 along N. White Cedar Road to Iowa Avenue. The 68.42 acre site consists of 11 vacant parcels, one of which is owned by the City of Sanford. On August 25, 2008, the City Commission adopted Ordinance Number 4129 rezoning the 68.42 acres to PD, Planned Development, in accordance with the Town Center at White Cedar PD Master Plan and subject to specific development conditions as recommended by the Planning and Zoning Commission on July 3, 2008. The underlying Future Land Use is WIC, Westside Industry & Commerce, a mixed use designation intended to promote the development of employment centers in the vicinity of the West SR 46 corridor and the commuter rail station. The corridor's proximity to I -4 as well as SR 417 and the SunRail commuter line provides access to regional markets and a substantial labor force. The CSX Main Rail Line also provides a transportation amenity of regional significance. The WIC designation permits both a vertical and horizontal land use mix of commercial, office and residential. The maximum residential density shall be 20 dwelling units per acre. Page 1 of 4 The property owner has submitted a request to amend the approved Town Center at White Cedar PD Master Plan and replace it with the Cedar Pointe PD Master Plan. The new master plan depicts a 125 single family residential lot development with commercial parcels along the west side of N. White Cedar Road on the 35.96 acre site north of Narcissus Avenue. In addition, the amendment seeks to replace the approved 214 apartment units with 64 single family residential lots and change a 229 unit apartment complex to a 112 unit townhome complex, south of Narcissus Avenue east and west of N. White Cedar Road. Commercial and Industrial uses are proposed to immediately front SR 46. The City also owns a parcel at the northwest corner of N. White Cedar Road and Narcissus Avenue which was planned for a future site as a public safety facility. The property owner is proposing to relocate this site north to the proposed Parcel 10 adjacent to the existing retention pond at the corner of Iowa Avenue and N. White Cedar Road. The City parcel will remain the same size. The proposed Cedar Pointe PD Master Plan seeks to vary the following development standards for single family lots: In an effort to meet the intent and purpose of the Westside Industry and Commerce, the applicant has worked with staff to create a mix of single and multiple family residential that blends with commercial and office uses spread throughout the development. The applicant has also created a transition of uses from the high intensity commercial located along SR 46 through a higher density non -gated townhome development and smaller lot single family into a larger lot single family buffered from N. White Cedar Road by a small strip of light commercial. The applicant held two Citizen Awareness and Participation Plan (CAPP) meetings, the first on May 17, 2013 and the second on June 6, 2013. A summary CAPP report is attached. At their July 18, 2013 meeting, the Planning and Zoning Commission recommended unanimously for the City Commission to adopt an ordinance to amend the Town Center at White Cedar Planned Development to the Cedar Pointe Planned Development as recommended by staff, pursuant to all standards and conditions as denoted on the Cedar Pointe PD Master Plan submitted on June 19, 2013, subject to the conditions noted in the applicant's Affidavit of Ownership and Designation of Agent dated March 20, 2013 (copy attached) and subject to a development order with the following conditions: 1. Pursuant to Section 4.3.G of the Land Development Code of the City of Sanford, this rezoning shall expire three years from the effective date of the approval 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 Cedar Pointe PD Master Plan submitted on June 19, 2013, unless otherwise specifically set forth in this Ordinance or any associated Development Order. 3. All air conditioning units shall be placed in the rear of the single family detached homes. The width of the road pavement shall be 30 feet wherever the center line radii is less than 100 feet. Page 2 of 4 Current Minimum SR -1 Proposed Reduction Proposed Minimum Lot Size (40') 6,000 square feet 1,600 square feet 4,400 square feet Lot Size 50' 6,000 square feet 500 square feet 5,500 square feet Lot width 40') 60 feet 20 feet 40 feet Lot width 50' 60 feet 10 feet 50 feet Minimum Rear Yard 20 feet 5 feet 15 feet Minimum Side Yard 7.5 feet 2.5 feet 5 feet In an effort to meet the intent and purpose of the Westside Industry and Commerce, the applicant has worked with staff to create a mix of single and multiple family residential that blends with commercial and office uses spread throughout the development. The applicant has also created a transition of uses from the high intensity commercial located along SR 46 through a higher density non -gated townhome development and smaller lot single family into a larger lot single family buffered from N. White Cedar Road by a small strip of light commercial. The applicant held two Citizen Awareness and Participation Plan (CAPP) meetings, the first on May 17, 2013 and the second on June 6, 2013. A summary CAPP report is attached. At their July 18, 2013 meeting, the Planning and Zoning Commission recommended unanimously for the City Commission to adopt an ordinance to amend the Town Center at White Cedar Planned Development to the Cedar Pointe Planned Development as recommended by staff, pursuant to all standards and conditions as denoted on the Cedar Pointe PD Master Plan submitted on June 19, 2013, subject to the conditions noted in the applicant's Affidavit of Ownership and Designation of Agent dated March 20, 2013 (copy attached) and subject to a development order with the following conditions: 1. Pursuant to Section 4.3.G of the Land Development Code of the City of Sanford, this rezoning shall expire three years from the effective date of the approval 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 Cedar Pointe PD Master Plan submitted on June 19, 2013, unless otherwise specifically set forth in this Ordinance or any associated Development Order. 3. All air conditioning units shall be placed in the rear of the single family detached homes. The width of the road pavement shall be 30 feet wherever the center line radii is less than 100 feet. Page 2 of 4 4. The uses allowed on the commercial parcels 1 through 3 shall be limited to the uses allowed under the GC -2, General Commercial, zoning classification, exclusive of conditional uses as noted in the City's Land Development Regulations and excepting any specific uses noted on the plan. 5. The uses allowed on the commercial parcels 7 through 10 shall be limited to the uses allowed under the RC -1, Restricted Commercial, zoning classification, exclusive of conditional uses as noted in the City's Land Development Regulations and excepting any specific uses noted on the plan. 6. A fountain shall be installed in any wet retention ponds. 7. A dog walk area with waste collection receptacles shall be provided in each residential community. 8. A Comprehensive Signage Program meeting the standards of the Sign Regulations as noted in the City's Land Development Regulations shall be required. 9. Guest parking shall be provided in the area of the townhomes and the 40 -foot wide lots. 10. Within the 40 -foot wide lots and townhome areas of the subdivision, on street parking, if any, shall be restricted to allow public safety access as well as to restrict parking anywhere except within designated parking areas approved by the City. 11. Street lights are required on North White Cedar Road as well as on all interior streets in accordance with the City's Land Development Regulations, Schedule N, Section 3.2 B Other Utilities, Street Lights. 12. A School Capacity Availability Letter of Determination from the Seminole County School District is required prior to the recording of the final plat. 13. The property owner shall work with staff to create an effective landscaping barrier in the reduced buffers proposed between the residential and non - residential uses. 14. The property owner shall dedicate the required right -of -way, where necessary, for both Narcissus and Iowa Avenues to equal a half right -of -way which is 30 -feet in width. 15. Unless specifically requested and approved on the PD Master Plan, any required elements missing from or not shown on the PD Master Plan shall otherwise comply with the City's Land Development Regulations. 16. All residential properties within the PD shall include a Westside Industry and Commerce easement approved by the City Attorney which includes a statement that the development is in a Westside Industry and Commerce future land use designation and noise associated with industrial and commercial activity will be part of the overall development. This statement shall be noted on all plats and other documents relating to the PD including, but not limited to, the Declaration of Covenants, Conditions and Restrictions as approved by the City Attorney. 17. A recreation/community facility will be constructed by the property owner on Tract F as depicted on the PD Master Plan submitted June 19, 2013, unless otherwise determined by the City. Additional comments or recommendations may be presented by staff at the meeting. At Work Session on August 12, 2013, Russ Gibson, Planning and Development Director, submitted a revised Ordinance No. 4300 for first reading. He reported the City Attorney's Office had made three revisions to the ordinance subsequent to the publication of the Agenda packet: • Condition 1: In consultation with the applicant's attorney the number of years before this rezoning will expire were revised to "...5 years from the effective date of the approval..." instead of the previous "...3 years from the effective date of the approval... ". • Condition 16: Reworded by the City Attorney in accordance with the Planning and Zoning Commission's previous approval to read as follows: 4416. The language required in Section 177.091(27), Florida Statutes, provides relating to plats shall be supplemented with the following underlined text in the plat(s) relating to the subject property: "NOTICE: This plat, as recorded in its graphic form, is the official depiction of the subdivided lands described herein and will in no circumstances be supplanted in Page 3 of 4 authority by any other graphic or digital form of the plat. There may be additional restrictions that are not recorded on this plat that may be found in the public records of this County. The property that is platted is located in the Westside Industry and Commerce District (WIC) under the City of Sanford Comprehensive Plan and land development regulations. This district allows commercial and industrial uses. Commercial and industrial uses may be developed in proximity to the platted property subject to then existing planning and zoning codes and ordinances and land development regulations the City of Sanford. "" Condition 17 was included in accordance with the Planning and Zoning Commission's previous approval. At the Regular Meeting on August 12, 2013, the City Commission requested to see examples of other communities that are three to four years old and some that are under construction that have 40 and 50 foot lot widths combined with five foot side yards. At the Regular Meeting on August 12, 2013, the City Commission approved the first reading of Ordinance No. 4300 as recommended by the Planning and Zoning Commission and revised by the City Attorney's Office. The City Clerk's Office published Notice of this public hearing in the Sanford Herald on August 11, 2013. LEGAL REVIEW: The Assistant City Attorney has reviewed this item and drafted the ordinance for consideration. RECOMMENDATION: It is staff's recommendation that the City Commission adopt Ordinance No. 4300 to approve the proposed amendment to the Town Center at White Cedar Planned Development to the Cedar Pointe Planned Development subject to a Development Order that includes all 17 recommended conditions, as approved at first reading on August 12, 2013. SUGGESTED MOTION: "I move to adopt Ordinance No. 4300 to approve the proposed amendment to the Town Center at White Cedar Planned Development to the Cedar Pointe Planned Development subject to a Development Order that includes all 17 recommended conditions, as approved at first reading on August 12, 2013." Attachments: Project Information Sheet Site Vicinity Map /Aerial Map Applicant's Affidavit of Ownership and Designation of Agent CAPP Meeting Report Ordinance No. 4300 11 "x17" reduction of the PD Master Plan approved per Ordinance No. 4129 11 "x17" reduction of the PD Master Plan Amendment received June 19, 2013 Page 4 of 4 I PROJECT INFORMATION -- PD AMENDMENT FOR TOWN CENTER —187- AT WHITE CEDAR - REVISED Requested Action: Amend the Town Center at White Cedar Planned Development by converting portions of the development approved for commercial, office, warehouse uses to residential uses. The new project name is called Cedar Pointe. Proposed Uses: Mixed uses including single and multiple- family residential, commercial, industrial, office and warehouse development. Project Address: 133 N. White Cedar Road Current Zoning: PD, Planned Development (per Ordinance No. 4129) Tax Parcel Numbers: 16 -19 -30 -5AC- 0000 -0740 16 -19 -30 -5AC- 0000 -080A 16 -19 -3 0 -5 AC- 0000 -075 0 16 -19 -3 0 -5AC- 0000 -075 B 16 -19 -3 0 -5 AC- 0000 -0 800 16 -19 -30 -5AC- 0000 -089A 16 -19 -3 0 -5AC- 0000 -089B 16 -19 -3 0 -5 AC- 0000 -0900 16 -19 -3 0 -5 AC- 0000 -093 0 16 -19 -3 0 -5 AC- 0000 -0940 16 -19 -3 0 -5 AC- 0000 -OOLO Property Owners: M &I Regional Properties, LLC City of Sanford 770 N. Water Street 300 N. Park Avenue Milwaukee, WI 53202 Sanford, FL 32771 Applicant/Agent Shaman J. Foradi Elevation Development 1575 Maguire Blvd., Suite 102 Ocoee, Florida 34786 Phone: 321 - 695 -2226 Email: Foradi@elevationdev.com Total Site Area: 67.43 acres 0.99 acre CAPP: Applicant held two Citizen Awareness and Participation Plan meetings for adjacent property owners to describe the proposed changes and address their concerns. The first meeting was held on May 17, 2013 and the second meeting was held on June 6, 2013. Commission District: District 2 — Commissioner Velma Williams COMPREHENSIVE PLAN COMPLIANCE REVIEW Planning staff has reviewed the request and has determined it to be consistent with elements of the Goals, Objectives and Policies of the Comprehensive Plan as adopted by the City Commission. Surrounding Uses and Zoning: Uses Zoning North North Park Commerce Center PD Proposed Northport Commerce Park Page 1 of 2 South Stratford Point Apartments PD Stor -Safe Self Storage PD East Harvest Time International, Commercial PD, C -1, AG West FedEx Distribution Facility PD Stratford Point Apartments PD CONCURRENCY Concurrency is a finding that public facilities and services necessary to support a proposed development are available, or will be made available, concurrent with the impacts of the development. The concurrency facilities evaluated by the City of Sanford include the following: Drainage: The project shall comply with and be engineered to the adopted 25 Year, 24 Hour LOS /Storm Event. Note, the Land Development Regulations allows the Administrative Official to increase the design frequency standard if deemed necessary. Roadways: The average daily trips estimated for this project is 4,733 trips per day. The current adopted Annual Average Daily Traffic (AADT) for this location is 25,500 trips and was measured at SR 46 and Monroe Road. With a development impact of 4,733 trips, the remaining trip availability after development would be 20,767. The above information was provided by a traffic study submitted by the applicant. Water: Water services will be provided by the City of Sanford. Sewer: Sewer services will be provided by the City of Sanford. LOS standard Project Demand Facility Capacity Potable Water: 144 gal /capita/day 51,840gals /day* 10.51 MGD Sanitary Sewer: 132 gal / capita/day 47,520 gals /day* 7.3 MGD Solid Waste: 2.46 lbs /capita/day 757 lbs /day* 21.5 million tons *Provided by the project engineer T.\Development Review \03 -Land Development\2013 \Cedar Pointe (fka TC at White Cedar)\Project Info Sheet -Cedar Pointe - 133 N. White Cedar Rd.doc Page 2 of 2 ii;w Semin Coun loll Nor PD Stratford Point Apartments Seminole County ME 111� Site 133 North White Cedar Road Hatteras AG Parcel No: 16-19-30-5AC-0000-0740 Sound Apartments 16-19-30-5AC-0000-0750 16-19-30-5AC-0000-075B Page School 1-21 M L Tc 87;-4 www.eeMada.gov (.Ownership Applicant's Affidavit of Ownership and Designation of Agent I , .11&&j ;3-- KEOE'e , hereby attest to ownership of the property described below: 16- 19- 30-SAC -0000 - 0896,16- 19- 30-5AC -0000-089,16- 19- 30 -SAC-0000-0900,16 -19-30 -5AC- 0000 - 0940,16 -19-30 -5AC- 0000-0930, Tax Parcel No(s)] 6- 9-30 -5AC- 0000- OOLO,16- 19- 30- 5AC-0000-0740,16- 19-30- 5AC -0000 -0750, 16 -19-30 -5AC- 0000 -075B,16- 19- 30-5AC -0000 -0800 Address of property: North White Cedar Road for which this PUD Amendment The ownership, as shown on the deed of record, is in the name of. M&I Regional Properties, LLC application is submitted to the City of Sanford. Please complete the appropriate section below (type or print legibly) ❑ Individual ® Corporation ❑ Partnership M &I Regional Properties, LLC Name: Provide Names of Officers Dept of State Corporate Registration Number. Name/Address of Registered Agent: II. Designation of Applicant's Agent (Leave blank if not applicable): Name: Provide Names of General Partners As the owner /applicant of the above designated property for which this affidavit Is submitted, I designate the below named individual as my agent In all matters pertaining to tho application process. In authorizing the agent named below to represent me, or my company, I attest that the application Is made in good faith and that all information contained In the application Is accurate and complete to the beat of my personal knowledge. Applicants Agent: Print Name Shaman Foradi ApplicenraAddress: 1575 Maguire Road, Suite 102, Ocoee Florida 34786 Contact Person: Shaman Foradi Phone: 321- 695 -2226 Email: Foradi@elevationdev.com Fax: � Zwu AM&W of owner*Np.Of III. Notice to Owner A. All changes in Ownership and/or AplicanYs Agent prior to final action of the City shall require anew affidavit. If ownership changes, the new owner assumes all obligations related to the filing application process. B. If the Owner intends for the authority of the Applicants Agent to be limited in any manner, please indicate the limitation(s) below. (i.e., Limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate; etc.) IV. Acknowledgement ❑ Individual Signature Print Name: Address: Phone: Please use appropriate notary block ® Corporation M &I Regional Properties, LLC Print Corporation Name Signature Print d �� Name. . Address: 770 "'=y wAr*t irK,Ltr -A-KC:6 U-A:C 53.-Aca Phone: il`t 'o� t8 •o�`�f d ❑ Partnership Print Partnership Name By, Signature Print Name: Address: Phone: STATE OF W IS Gi ti Sk N COUNTY OF M L-''"A%1KEG ❑ Individual Corporation ❑ Partnership Before me this day of Before me this day of Before me this day of ,20—, personally Ab fCk 20 J �, personally , 20_, personally appeared appeared - ti'A -PA , J Ha-!L, r appeared who executed the foregoing instru- as ��r Ct 0( es &'V partner /agent on behalf of ment, and acknowledged before me for I C2�' f1le 7 that same was executed for the a L i( cy+ ,, L L. C a partnership, who executed the Purposes therein expressed. (i.e.:corporation, company, etc.) foregoing instrument and acknowl- and acknowledged before me that edged before me that same was same was executed for the purposes executed for the purposes therein therein expressed. expressed. i� NATA * LYN SOW" NOWY PubNt; Personally known � $� of YViStAfl=lll Produced Identification ❑ Type of identification produced: O signature of Notary (NOTARY STAMP) Print My commission expires: `x/3�! Name: A t A f Notary Public Applicant's Affidavit of Ownership and Designation of Agent 1. Ownership Russell Gibson, Planning Director , hereby attest to ownership of the property described below: Tax Parcel No(s): 16- 19- 30 -5AC- 0000 -080A Address of property: N/W corner of Narcissus Avenue and N. White Cedar Road for which this PD Rezoning and Preliminary Subdivision Plan application is submitted to the City of Sanford. The ownership, as shown on the deed of record, is in the name of: City of Sanford ❑ Individual Please complete the appropriate section below (type or print legibly) ❑ Corporation Name: Provide Names of Officers Dept. of State Corporate Registration Number: Name /Address of Registered Agent: ❑ Partnership Name: Provide Names of General Partners ll. Designation of Applicant's Agent (Leave blank if not applicable): As the owner /applicant of the above designated property for which this affidavit is submitted, I designate the below named individual as my agent in all matters pertaining to the application process. In authorizing the agent named below to represent me, or my company, I attest that the application is made in good faith and that all information contained in the application is accurate and complete to the best of my personal knowledge. Applicant's Agent: Print Name Applicant's Address: Contact Person: Phone: Email: Fax: October 2009 Affidavit of Ownership.pdf III. Notice to Owner A. All changes in Ownership and /or Aplicant's Agent prior to final action of the City shall require a new affidavit. If ownership changes, the new owner assumes all obligations related to the filing application process. B. If the Owner intends for the authority of the Applicant's Agent to be limited in any manner, please indicate the limitation(s) below. (i.e., Limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate; etc.) IV. Acknowledgement © Individual r ignatu Print Russell Gibson Name: Address: PO Box 1788 Sanford, FL 32772 Phone: 407.688.5142 Please use appropriate notary block STATE OF ar Sri a COUNTY OF �11 cA D Individual B ore me thi 6— day of 2Q_6 personally appeared who executed the foregoing instru- ment, and acknowledged before me that same was executed for the purposes therein expressed. Personally known or Produced identification ❑ Type of identification produced: ❑ Corporation Print Corporation Name By: Signature Print Name: Address: Phone: ❑ Corporation Before me this day of 20_, personally appeared as for (i.e.: corporation, company, etc.) and acknowledged before me that same was executed for the purposes therein expressed. Notary Public State of Fkxida �+ Mary L Muse `�, �td` My Commission EE096189 Fo►t��` Expires 08/04 /2015 (NOTARY STAMP) My commission expires: ❑ Partnership Print Partnership Name By: Signature Print Name: Address: Phone: ❑ Partnership Before me this day of , 20_, personally appeared partner /agent on behalf of a partnership, who executed the foregoing instrument and acknowl- edged before me that same was executed for the purposes therein expressed. Signature ANW I Print Name: Notary October 2009 amaaw or uwnersnip.pm BMO 0 Harris Bank A part of 8M4 Financial Group March 20, 2013 Mr. Russ Gibson City of Sanford Planning and Development Services 300 North Park Avenue Sanford, FL 32771 Special Accounts Management Unit 770 North Water Street Milwaukee, WI 53202 RE: Sale of North White Cedar Road Property ( "Property") from M &I Regional Properties, LLC ( "Seller ") to Elevation Development LLC (`Buyer") — Applicant's Affidavit of Ownership and Designation of Agent Dear Mr. Gibson: As you know, it is our understanding that Buyer intends to submit to the City of Sanford ( "City ") the attached Applicant's Affidavit of Ownership and Designation of Agent ( "Affidavit ") as part of Buyer's Planned Unit Development Amendment Application ( "Application "). Buyer has requested that Seller cooperate in Buyer's submittal of the Application to the City; in particular, Buyer has requested that Seller execute and deliver the Affidavit attached hereto. Seller has agreed to cooperate with Buyer in such efforts; however, regarding Item III.B of the Affidavit, Seller hereby advises City of the following limitations and qualifications regarding Seller's execution of the Affidavit: 1. Seller is executing the Affidavit solely for the purpose of evidencing its ownership of the Property and Seller's consent to Buyer's submission of the Application, which Application is being submitted by Buyer on its own behalf. 2. Buyer does not have the authority to execute any documents or take any other actions with respect to the Property or any other matter in Seller's name or otherwise on Seller's behalf. 3. In no event shall City consider Buyer to be Seller's agent or authorized representative. 4. Any zoning changes requested by Buyer and/or subsequently approved by City shall not take effect until the earlier to occur of (a) Buyer's acquisition of the Property as evidenced by a transfer of title to the same, or (b) City's receipt of Seller's written consent thereto. 8M0 Harris Bank N.A. Mr. Russ Gibson March 20, 2013 Page 2 Should you have any questions regarding the foregoing, please do not hesitate to contact me at 414 -298 -2910. Very truly yours, M &I REGIONAL PROPERTIES, LLC i� GGfis- 1c�t.'& Steven J. Heder, Vice President MCB:lrp cc: Marvin C. Bynum II (via email mbynum @gklaw.com) James Wilder (via email jwilder@realtycapitalfl.com) 9242145_1 Project Name: Cedar Point Project Location: N. White Cedar Road, Sanford, Florida Date: June 12, 2013 Reporting On What Happened This report is comprised of two main sections as related to the two neighborhood meeting. Notifying the Property Owners: There were two separate notices of neighborhood meeting mailed: • One on May 10, 2013 with a meeting on May 17`h, 2013. • A Second on May 30, 2013 with a meeting on June 6`h, 2013. A copy of both notice letters is attached. With the exception of the five property owners noticed on May 10`h and present in the meeting on May 17`h, 2013, all other properties owners within 500 feet of the Subject property were mailed a notice including the management company for the Stratford Point Apartments, inviting the residents of the Apartments to a meeting. Neighborhood meeting on May 17, 2013 On May 10, 2013, the following property owners were mailed letters of request for meeting: Jesse E. Moore and Carolyn J. Moore 250 Miller Rd. Orange City, Fl 32763 - 7327 Owner of property located at 501 N White Cedar Rd. Robert A. Reynolds c/o Virginia Reynolds 900 Country Club Rd Sanford, FI 32773 Owner of property located at 475 N. White Cedar Rd Richard W. Boyd and Brenda K. Boyd 495 N White Cedar Rd Sanford, Fl 32771 — 8204 Owner of property located at 495 N. White Cedar Rd We received responses by telephone calls from Mr. Richard W. Boyd and Mr. Jesse E. Moore. Mr. Moore indicated that he and the other property owners have communicated and that they would like us to set up a group meeting for themselves, as well as the other adjacent property owners on May 10, 2013 at 10:00 AM. The meeting was held as planned on May 17, 2013. The sign -in sheet, listing the participants is attached. Project Name: Cedar Point Project Location: N. White Cedar Road, Sanford, Florida Date: June 12, 2013 Mr. Chris Kelley Eoghan N Kelley Family LP PMB 425 4044 W Lake Mary Blvd #104 Lake Mary, F132746 Owner of several properties located west of N. White Cedar Rd And Mr. Jim Nielson James E. Nielsen Jr. & Gina M. Nielsen Mailing: 715 Mallard Dr. Sanford Florida 32771 Owner of property located at N. White Cedar Rd., Parcel ID: 16- 19- 30 -5AC- 0000 -076B Both Mr. Nielsen and Mr. Kelley were present and reviewed the plans in the group meeting. A copy of the project layout and details was also mailed to them on May 23, 2013. Ms. Virginia Reynolds the property owner of 475 N. White Cedar Road was not present at that group meeting. She had received the letter and in a returned phone call she explained that she had been out of town, however she had spoken to Mrs. Brenda Boyd and that Mrs. Boyd had updated her on the issues and discussion in the group meeting. Ms. Reynolds indicated that a face to face meeting is not needed, regardless of the updates by Ms Brenda Boyd, I went over the details of the proposed project, discussed the issues and the project objective with her in our conversation. She said that she was satisfied and she did not have any objections or any additional concerns. Listening to issues, concerns, and problems. The proposed application was presented to the group in the meeting. The participants in the meeting expressed concerns as to their ability in the past to be involved in the public process. They were somewhat dismayed with their past experiences in previous dealings with developers and the City of Sanford. The following were the issues discussed by the property owners as related to the current application: • The ability of the property owners to develop their property and future access to N. White Cedar Road. On this subject Mr. Chris Kelly was the most vocal and had the most concern with the width of the Right Of Way on N. White Cedar Road. • The quality of homes built on the property. • Health and Safety of the current residents as related to existing truck traffic. • The new elevation of N. White Cedar Road after the completion of the road improvements which has increased the impact of the storm runoff on to their properties. • The naming of the project. Project Name: Cedar Point Project Location: N. White Cedar Road, Sanford, Florida Date: June 12, 2013 Resolving issues, concerns and problems. The applicant's Civil Engineer, Mr. David Evans along with 3 members of the development group were present in the meeting with the property owners. This was a fair and open meeting. All participants discussed and expressed the issues that were of concern to them or their neighbors. The following issues were discussed in the meeting and resolutions were made: A) Issue of Concern: The ability of the future residents of the proposed project to object to future applications by the adjacent property owners due to the current width of N. White Cedar Road. Resolution: Mr. Evans clarified that the existing ROW is not 50 or 60 feet as thought, but is actually 80 feet in width and can accommodate a future widening of N. White Cedar Road if warranted. B) Issue of Concern: Health and Safety of the current residents as related to additional truck traffic. Resolution: The truck traffic was reported to be from the Recycle Facility on North White Cedar. City has posted signs prohibiting trucks. C) Issue of Concern: Quality of homes to be built on the property. Resolution: The attendees were informed that the Developer is working with quality home builder with a proven track record in the area. D) Issue of Concern: The new elevation of N. White Cedar Road after the completion of the road improvements which has increased the impact of the storm runoff on to their properties. Resolution: We listened to their concerns as this is a matter between the attendees and the City. E) Issue of Concern: The naming of the project. Mr. Boyd contacted us to request a name change to the project. He explained that this area was historically known as the Monroe area. He would appreciate it we could rename the project to include the name "Monroe ", such as the Estates at Monroe and the like. Resolution: We considered this request; however, Cedar Pointe is a more marketable name for the area. Project Name: Cedar Point Project Location: N. White Cedar Road, Sanford, Florida Date: June 12, 2013 Neighborhood meeting on June 6, 2013 A neighborhood meeting was set up on June 6, 2013 — 6:00 PM at Central Baptist Church 3101 W. State Rd. 46, Sanford, FL 32771 as mentioned in the May 30`" letter. The representatives the following property owners attended the meeting Andre Smolinsky Harvest Time International Inc. 225 N Kennel Rd Sanford, Fl 32771 Brent Albertson McDonald Ventures XXVI LLC Bldg 200, Ste 700 3715 Northside Pkwy NW Atlanta, GA 30327 Listening to issues, concerns, and problems. The proposed application was presented to the attendee in the meeting. The following were the issues discussed by the property owners as related to the current application: • The quality of homes built on the property. • The screening and buffers as related to the adjacent properties • The use of reclaimed water and location of the existing pipes. Resolving issues, concerns and problems. The applicant's Civil Engineer, Mr. David Evans along with 2 members of the development group were present in the meeting with the property owners. This was a fair and open meeting. All participants discussed and expressed the issues that were of concern to them or their neighbors. The following issues were discussed in the meeting and resolutions were made: A. Issue of Concern: Quality of homes to be built on the property. Resolution: The attendees were assured that the housing to be built would not be substandard. B. Issue of Concern: Mr. Albertson had brought up the screening and buffers as related to the adjacent properties. 4 Project Name: Cedar Point Project Location: N. White Cedar Road, Sanford, Florida Date: June 12, 2013 Resolution: The buffers and the screening were shown on the plans by Mr. Evans and the Sanford City Code as related to these buffers was noted. C. Issue of Concern: Mr. Albertson inquired as to the use of reclaimed water and location of the existing pipes. Resolution: The use of reclaimed water and location of the existing pipes were shown on the plans by Mr. Evans. Mr. Behrens the property owner of 3900 Narcissus Ave. was not able to attend the meeting. He had received the Notice letter and in a returned phone call the applicant went over the details of the proposed project, discussed the issues and the project objective in the conversation. Mr. Behrens was concerned with the safety of his personal property as he has been subjected to vandalism and equipment theft on his property. He did indicate that he does prefer the development of the subject property based on the Applicants proposed plan. ELEVATION Development Acquisition 6 Development Address: May 10, 2013 Re: Your property located at N. White Cedar Rd. Sanford, Florida and Cedar Pointe Development Dear On behalf of Elevation Development I would like to request a meeting with you as the property owner on North White Cedar Road, in Sanford Florida. The purpose of the meeting would be to discuss the development of Cedar Pointe project which is located to the west and south of your property. We have submitted a proposed PUD plan which consists of 189 single family homes along with 112 residential town homes and neighborhood commercial phases to complement the proposed residential uses. I have attached a copy of this proposed plan for your review. Our proposed PUD plan is a modification the current PUD plan on the property which proposed a 300 plus unit Apartment Complex on both sides of N. White Cedar Road along with commercial and a considerably large Industrial section. The proposed Cedar Point project may possibly have certain impacts on your property, one of which would be less industrial traffic exposure. In our meeting I would like to discuss the proposed development plans as well any concerns that you may have. 1575 Maguire Rd. Suite 102, Ocoee, FL 34761 www.ElevationDev.com Page 1 of 2 ELEVATION DiemelopmEnt Acquisition & Development I would like to propose to meet with you at your property referenced above on Tuesday May 21, 2013 between the hours of 9:00 AM and 12:00 PM. I would be available on an earlier date as well however if this date and time or place is not convenient for you, please contact me and I will make myself available to meet you at a mutually convenient time, date and place. I would like to address any comments and concerns you may have regarding this proposal. Please feel free to call me at 321 - 695 -2226 before the meeting if you have any questions regarding the proposed development. I look forward to meeting you. Sincerely, Shaman Foradi Elevation Development LLC Managing Partner 1575 Maguire Rd. Suite 102, Ocoee, FL 34761 www.ElevationDev.com Page 2 of 2 ty EL..EVA'f'IdN Oav�Iopmasnt woau�r�uon a o.vM.rnen•ne 1575 Maguire Rd. Suite 102, Ocoee, FL 34761 NOTIFICATION LETTER May 30, 2013 Dear Property Owner: On behalf of Elevation Development LLC, I would like to invite you to a neighborhood meeting to discuss the development of Cedar Pointe project which is located at N. White Cedar Road in Sanford Florida. The meeting will be held at the following place and time: Central Baptist Church 3101 W. State Rd. 46 Sanford, FL 32771 June 6, 2013 - 6pm to 8pm We have submitted a proposed PUD plan which consists of 189 single family homes along withl 12 residential town homes and neighborhood commercial phases to complement the proposed residential uses. I have attached a copy of this proposed plan for your review. Our proposed PUD plan is a modification the existing and current PUD plan on the property which proposed a 300 plus unit Apartment Complex on both sides of N. White Cedar Road along with commercial and a considerably large Industrial section. The proposed Cedar Point project may possibly have certain impacts on your property, one of which would be less industrial traffic exposure. In our meeting I would like to address any comments and concerns you may have regarding this proposal. Representatives from the City of Sanford have also been invited to attend this meeting. Please call me (or your company) at 321 - 695 -2226 before the meeting if you have any questions regarding the proposed development. I look forward to meeting you. Sincerely, Shaman Foradi Elevation Development LLC Managing Partner cc: Mr. Russell Gibson, City of Sanford, Director of Planning & Development Services www.ElevationDev.com NOTIFICATION LETTER EI_EVA'7'ION O�vElopm��st �wau�rn�e., e. Urw�opmr..i 1575 Maguire Rd. Suite 102, Ocoee, FL 34761 Stratford Point Apartments Property Manager Lisa Sebek 1700 Old England Loop Sanford, Fl 32771 May 30, 2013 Dear Ms. Lisa Sebek, On behalf of Elevation Development LLC, I would like to invite you and any of the residents of your Apartment complex to a neighborhood meeting to discuss the development of Cedar Pointe project which is located at N. White Cedar Road in Sanford Florida. The meeting will be held at the following place and time: Central Baptist Church 3101 W. State Rd. 46 Sanford, FL 32771 June 6, 2013 - 6pm to 8pm We have submitted a proposed PUD plan which consists of 189 single family homes along with112 residential town homes and neighborhood commercial phases to complement the proposed residential uses. I have attached a copy of this proposed plan for your review. Our proposed PUD plan is a modification the existing and current PUD plan on the property which proposed a 300 plus unit Apartment Complex on both sides of N. White Cedar Road along with commercial and a considerably large Industrial section. The proposed Cedar Point project may possibly have certain impacts on your property, one of which would be less industrial traffic exposure. In our meeting I would like to address any comments and concerns you may have regarding this proposal. Representatives from the City of Sanford have also been invited to attend this meeting. Please call me (or your company) at 321 - 695 -2226 before the meeting if you have any questions regarding the proposed development. I look forward to meeting you. Sincerely, Shaman Foradi Elevation Development LLC Managing Partner cc: Mr. Russell Gibson, City of Sanford, Director of Planning & Development Services www.ElevationDev.com Aw, P.- Ti VA re 75 mq lla, v, �f,< ©/Il -Z q 7 - O 2 3 b Br, da.,. �s' iv ti,�l �a � w , � 5 Y- ►��.,� �,�: s , w",- P41 ;?(t V E- 4, OLC—L (—Y'07) (rI K � C ,eJ ` ., 0 `�! Sign in Sheet for Cedar Pointe Neighborhood Meetina June 6.2013 Name Address Phone Number kCk VIA ckt4 L orS�f D W oo 5 4L kIcele c . �L Y67 ((7q ,3163r b Cc v, of r—, v,:�Lhs ESSEX INV OF LONGWOOD INC PO BOX 915201 LONGWOOD, FL 32791 HIGHMOOR LLC 1489 SHADWELL CIR LAKE MARY, FL 32746 LO BROS ENTERPRISES INC 751 GENERAL HUTCHINSON PKWY LONGWOOD, FL 32750 - 3732 OLD FLORIDA NATIONAL BANK C/O KRISTINA RAMSEY PO BOX 4961 ORLANDO, FL 32802 - 4961 ESSEX INV INC PO BOX 915201 LONGWOOD, FL 32791 MORTON ELECTRIC INC 3625 W STATE ROAD 46 SANFORD, FL 32771 - 8853 GAON RENEE & GAON ALEXANDER N & GAON STEVEN G PO BOX 11659 BEVERLY HILLS, CA 90213 HARVEST TIME INTERNATIONAL INC 225 N KENNEL RD SANFORD, FL 32771 HSREP II STORAGE - SANFORD LLC C/O HARRISON -ST REAL EST CAP L 71 S WACKER DR STE 3575 Chicago, IL 60606 MCDONALD VENTURES XXVI LLC BLDG 200 STE 700 3715 NORTHSIDE PKWY NW ATLANTA, GA 30327 STORAGE PLUS LC 615 HICKMAN CIR SANFORD, FL 32771 — 6904 STRATFORD POINT LP C/O ALLIANCE TAX ADVISORS 433 E LAS COLINAS BLVD STE 980 IRVING, TX 75039 STRATFORD POINT APARTMENTS LISA SEBEK, Management On Site 1700 OLD ENGLAND LOOP SANFORD, FL 32771 PAGE PRIVATE SCHOOLS INC 657 VICTORIA ST COSTA MESA, CA 92627 - 2526 SANFORD CITY OF 300 N PARK AVE SANFORD, FL 32771 SANFORD RECYCLING & TRANSFER INC C/O HARDING & CARBONE 3903 BELLAIRE BLVD HOUSTON, TX 77025 SNK AMERICA INC 1150 FEEHANVILLE DR MT PROSPECT, IL 60056 WHITE CEDAR PROPERTIES LLC 100 WHITE CEDAR RD S SANFORD, FL 32771 WINDSOR PINES PARTNERS LTD C/O CONCORD MGMNT, LTD P O BOX 940279 MAITLAND, FL 32794 - 0279 MARONDA HOMES INC OF FLA Mailing: 4005 MARONDA WAY SANFORD, FL 32771 BEHRENS CLAUDETTE W TRUSTEE FBO 306 W LAKEVIEW AVE LAKE MARY, FL 32746 — 3118 Mr. Russell Gibson, City of Sanford, Director of Planning & Development Services 300 N PARK AVE SANFORD, FL 32771 Ordinance No. 4300 An ordinance of the City of Sanford, Florida relating to the Town Center at White Cedar Planned Development ( "PD ") which is to be renamed the Cedar Pointe PD; providing for the rezoning of real property totaling approximately 68.42 acres which total site consists of 11 vacant parcels and located generally and addressed at 133 North White Cedar Road (Property Appraiser Tax Parcel Identification Numbers: 16 -19 -30 -5AC- 0000 -0740, 16-19-30- 5AC -0000- 0750, 16 -19 -30 -5AC- 0000 -075B, 16 -19 -30 -5AC- 0000 -0800, 16-19-30 - 5AC- 0000 -080A, 16 -19 -30 -5AC- 0000 -089A, 16-19-30- 5AC -0000- 089B,16 -19 -30 -5AC- 0000 -0900, 16 -19 -30 -5AC- 0000 -0930, 16-19-30 - 5AC- 0000 -0940 and 16 -19 -30 -5AC- 0000 -001-0) all located within the City Limits (map of the property attached) from PD as approved in Ordinance Number 4129, enacted on August 25, 2008; 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, M &I Regional Properties, LLC and the City of Sanford are the owners of certain real property, totaling approximately 68.42 acres) in size (consisting of 11 tax parcels of real property) and located at parcels addressed at 133 North White Cedar Road 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 with the former PD being known as the Town Center at White PD and the new project being named the Cedar Pointe PD; and Whereas, on August 25, 2008, the City Commission enacted Ordinance Number 4129 rezoning the 68.42 acres to PD, Planned Development, in accordance with the Town Center at White Cedar PD Master Plan and subject to specific development conditions as recommended by the Planning and Zoning Commission on July 3, 2008; and Whereas, the underlying Future Land Use on the subject property is WIC, Westside Industry & Commerce, a mixed use designation intended to promote the development of employment centers in the vicinity of the West State Road 46 corridor and the commuter rail station; and Whereas, the corridor's proximity to Interstate Highway 4 as well as State Road 417 and the SunRail commuter line provides access to regional markets and a substantial labor force; and Whereas, the CSX Main Rail Line also provides a transportation amenity of regional significance; and Whereas, the WIC designation permits both a vertical and horizontal land use mix of commercial, office and residential; and Whereas, the maximum intensity for commercial, office, and industrial development is a floor area ratio of .50; and Whereas, the maximum residential density shall be 20 dwelling units per acre; and Whereas, Shaman J. Foradi, on behalf of the property owners, applied to rezone the subject 68.42 acres of real property by converting portions of the PD development approved for commercial, office, warehouse uses to a PD including residential uses with the new PD containing mixed uses including single and multiple - family residential, commercial, industrial, office and warehouse development; and Whereas, the Applicant for the property owners has submitted a request to amend the approved Town Center at White Cedar PD Master Plan and rename it the Cedar Pointe PD with a new master plan containing a 125 single family residential lot development with commercial parcels along the west side of North White Cedar Road on the 35.96 acre site north of Narcissus Road while replacing the approved 214 apartment units with 64 single family residential lots and changing a 229 unit apartment 2111aae. complex to a 112 unit townhome complex, south of Narcissus Road east and west of North White Cedar Road while thee commercial and industrial uses are proposed to immediately front State Road 46; and Whereas, the City also owns a parcel at the northwest corner of North White Cedar Road and Narcissus Avenue which was planned for a future site as a public safety facility with the Applicant and co- property owner proposing to relocate the City site north to the proposed Parcel 10 adjacent to the existing retention pond at the corner of Iowa Avenue and North White Cedar Road; and Whereas, the Applicant held two Citizen Awareness and Participation Plan meetings for adjacent property owners to describe the proposed changes and address their concerns with the first meeting being held on May 17, 2013 and the second meeting being held on June 6, 2013; 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 July 18, 2013 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 as well as the conditions set forth herein; 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 311)aac 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 said recitals being fully adopted and incorporated as an integral part of this Resolution. (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. 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, totaling 68.42 acres in size, shall be rezoned from the zoning classification resulting from a separate and distinct PD zoning action by the City as approved in Ordinance Number 4129 rezoning the 68.42 acres (parcels addressed at 133 North White Cedar Road or Property Appraiser Tax Parcel Identification Numbers: 16 -19 -30 -5AC- 0000 -0740, 16 -19 -30 -5AC- 0000 -0750, 16- 19 -30- 5AC- 0000 -0756, 16 -19 -30 -5AC- 0000 -0800, 16 -19 -30 -5AC- 0000 -080A, 16- 19- 30 -5AC- 0000 -089A, 16 -19 -30 -5AC- 0000 - 0896,16 -19 -30 -5AC- 0000 -0900, 16-19-30- 5AC -0000- 411) as-,e. 0930, 16 -19 -30 -5AC- 0000 -0940 and 16 -19 -30 -5AC- 0000 -OOLO) to a new and separate and distinct PD with the development conditions as set forth herein. (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 (which must be signed and executed within 90 days of the enactment of this Ordinance by the City Commission or the rezone reverts back to the previous PD zoning classification) relating to the action taken in this Ordinance include the following and the subject real property shall be subject to a development order with the following conditions: 1. Pursuant to Section 4.3.G of the Land Development Code of the City of Sanford, this rezoning shall expire 5 years from the effective date of the approval if 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 Cedar Pointe PD Master Plan submitted on June 19, 2013, unless otherwise specifically set forth in this Ordinance or any associated Development Order. 3. All air conditioning units shall be placed in the rear of the single family detached homes. The width of the road pavement shall be 30 feet wherever the center line radii is less than 100 feet. 4. The uses allowed on the commercial parcels 1 through 3 shall be limited to the uses allowed under the GC -2, General Commercial, zoning 511'aae classification, exclusive of conditional uses as noted in the City's Land Development Regulations and excepting any specific uses noted on the plan. 5. The uses allowed on the commercial parcels 7 through 10 shall be limited to the uses allowed under the RC -1, Restricted Commercial, zoning classification, exclusive of conditional uses as noted in the City's Land Development Regulations and excepting any specific uses noted on the plan. 6. A fountain shall be installed in any wet retention ponds. 7. A dog walk area with waste collection receptacles shall be provided in each residential community. 8. A Comprehensive Signage Program meeting the standards of the Sign Regulations as noted in the City's Land Development Regulations shall be required. 9. Guest parking shall be provided in the area of the townhomes and the 40 -foot wide lots. 10. Within the 40 -foot wide lots and townhome areas of the subdivision, on street parking, if any, shall be restricted to allow public safety access as well as to restrict parking anywhere except within designated parking areas approved by the City. 11. Street lights are required on North White Cedar Road as well as on all interior streets in accordance with the City's Land Development Regulations, Schedule N, Section 3.2 B Other Utilities, Street Lights. 12. A School Capacity Availability Letter of Determination from the Seminole County School District is required prior the recording of the final 61Paa plat. 13. The property owner shall work with staff to create an effective landscaping barrier in the reduced buffers proposed between the residential and non - residential uses. 14. The property owner shall dedicate the required right -of -way, where necessary, for both Narcissus and Iowa Avenues to equal a half right -of- way which is 30 -feet in width. 15. Unless specifically requested and approved on the PD Master Plan, any required elements missing from or not shown on the PD Master Plan shall otherwise comply with the City's Land Development Regulations. 16. The language required in Section 177.091(27), Florida Statutes, provides relating to plats shall be supplemented with the following underlined text in the plat(s) relating to the subject property: "NOTICE: This plat, as recorded in its graphic form, is the official depiction of the subdivided lands described herein and will in no circumstances be supplanted in authority by any other graphic or digital form of the plat. There may be additional restrictions that are not recorded on this plat that may be found in the public records of this County. The property that is platted is located in the Westside Industry and Commerce District (WIC) under the City of Sanford Comprehensive Plan and land development regulations. This district allows commercial and industrial uses. Commercial and industrial uses may be developed in proximity to the platted property subject to then existing planning and zoning codes and ordinances and land development regulations the City of Sanford." 17. A recreation /community facility will be constructed by the property owner on Tract F as depicted on the PD Master Plan submitted June 19, 2013, unless otherwise determined by the City. Section 3. Incorporation of documents. The documents attached to this Ordinance is hereby ratified and affirmed and incorporated into this Ordinance as a 7111 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 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 the execution and recording of the Development Order referenced in this Ordinance; provided, however, that said Development Order must be fully executed and delivered to the City Clerk for recording within 90 days of the date of enacted of this Ordinance. Otherwise, this Ordinance shall be null and void and of no force and effect. Passed and adopted this 26th day of August, 2013. Attest. City Commission of the City of Sanford, Florida Cynthia Porter, Deputy City Clerk Jeff Triplett, Mayor Approved as to form and legal sufficiency. William L. Colbert, City Attorney 81Pa,e DOCUMENTS ATTACHED HERE 9�Page YF 4 Q �� - m - & INT 1P1 1 Jr-111 ill; P" ill i +o L$ �L L 1 +SQ Jr. gg4� aa s pM r R �i�L its 1112 s _if PIN o 2 °'ems E m ai y ` fill O RRb $g 2 b ~ m a � � i f i wm 6p, 19RIMINF I� y ` 1 R aF �RaR3R��¢w tr F , m ... �I \ , �I 6p, 19RIMINF I� y ` 1 R aF �RaR3R��¢w tr F , m ... a w. z o gip �a g��w R pang 19 A \ , \� g mo\m INE a w. z o gip �a g��w R pang 19 A • �. =VI B_ e 00000 000000 � � � a e a � 110.0. I I I I H S L J T�o.o• u. � of I o ?3 V „s e I I I L p I € w I I� I �? E mI I I 2 I I E 3nN31V 5I65C1tlVN # " 5, E ,K,L£•e 5 I 1 I I Y Y B I Y LPD)VI o , o IC/,Sa O LN~z"IG O E Y x �zz _5 I I I o m C 1 I ° I 8 - 1 n D I e Y B 5555565555 6 E B 54v41"€a`r$ln ��a; 's•€f pA mli E = a_ I 1 Y " 1 I R -- I 5` I " RPM $3? m m ------- --- x 7 "s €.ern u s:;g lBc R U p umop, m Y a ° I � q g �'Gkkkkk�ktlk R ���65� .B:ISY�vSS���'o "ave a � �8g~qq'gggg$ rows rwol a DmAR PWR! EVANS ' susteR serf nx M. �im LA ` 4 m € X4710 IRYA AVp1OE a� 4 S gltAIM ORLANDO. iLORWA 9=.0. C oeY60lIt91f w•o crn se a-uu ginc.com OR1 p s•�0� RY101 rt /ins