4353 Rezone 2901 W 1st StOrdinance No. 4353
An ordinance of the City of Sanford, Florida relating to the Transit
Properties, LLC Sanford/SR 46 Property PD (PD); providing for the
rezoning of real property located at 2901 West 1st Street and
assigned Tax Parcel Identification Numbers 26-19-30-5AE-4900-0000,
26-19-30-5AE-490A-0000, 27-19-30-501-0000-0080, 27-19-30- 300 -0040-
0000 and 26-19-30-5AE-660A-0000 within the City Limits (map of the
property attached) from RIA, Restricted Industrial and SR-1A, Single
Family Residential to a PD to be known as the Transit Properties, LLC
Sanford/SR 46 Property PD, to establish multiple commercial tracts
along the SR 46 (W. 1st Street) Corridor with a multiple family
residential component on the southern portion of the property subject
to specific requirements and conditions; providing for the resolution
of disputes by the Planning and Zoning Commission; 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, Transit Properties, LLC is the owner of certain real property within
the City Limits of the City of Sanford (assigned Tax Parcel Identification Numbers
26-19-30-5AE-4900-0000, 26-19-30-5AE-490A-0000, 27-19-30-501-0000-0080
27-19-30-300-0040-0000, and 26-19-30-5AE-660A-0000 by the Seminole County
Property Appraiser) and it 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 RI-1, Restricted Industrial and SR-1A, Single Family Residential, zoning
classifications; and
Whereas, the subject property is 12.37 acres in size consisting of 5 vacant
parcels is located on is located the south side of State Road 46 (West 1 st Street)
between Martin Luther King Boulevard and West Airport Boulevard; and
Whereas, the subject property is currently unimproved; and
Whereas, the PD is proposed to establish multiple commercial tracts along the
State Road 46 (West 1 st Street) corridor with a multiple family residential component on
the southern portion of the property subject to specific requirements and conditions; and
Whereas, the development of the subject property in appropriate as a
development which should utilize transit - oriented development (TOD) principles in that a
TOD is a generally defined as a mixed -use residential and commercial area designed to
capitalize on access to public transport and TODs often incorporate activities and design
features proposed to generate ridership for a transit system; and
Whereas, a project design that is safe, pedestrian friendly and convenient are
critical aspects of quality TOD development that depend on having the right mix of
land -use types, compact development, and properly designed parking locations; and
Whereas, the proposed PD is general enough to allocate the potential for uses
and their specific locations while providing a development framework that gives both staff
and a future developer and opportunity to create a positive TOD development; and
Whereas, the underlying Future Land Use designation assigned to the subject
property WIG, Westside Industry & Commerce, which is a mixed use land use
designation intended to promote the development of employment centers in the vicinity of
the West State Road 46 corridor and the proximate commuter rail station; and
Whereas, the proposed use of the subject property would be consistent with
the intent and purpose of the WIC, Westside Industry & Commerce, land use
designation; 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 applicant mailed
notice to adjoining property owners who own properties located within 500' of the PD
property; held a CAPP meeting on August 25, 2015; and provided a CAPP summary to
the City dated September 2, 2015, in a form consistent with the requirements of the City;
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Whereas, on September 3, 2015 the Planning and Zoning Commission
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 detailed development requirements and conditions some of
which, if not later resolved, shall be subject to resolution by the Planning and Zoning
Commission; and
Whereas, the City Commission has determined that the proposed the rezoning
of the subject property as set forth in this Ordinance is consistent with the Comprehensive
Plan of the City of Sanford, the land development regulations of the City of Sanford, and
the controlling provisions of State law; and
Whereas, the City Commission of the City of Sanford, Florida has taken all
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actions relating to the PD 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 and the Property Owner has agreed that
no requirement herein lacks an essential nexus to a legitimate public purpose and is not
roughly proportionate to the impacts of the proposed use that the City seeks to avoid,
minimize, or mitigate.
(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; Transit
Properties, LLC Sanford/SR 46 Property PD.
(a), Upon enactment of this Ordinance the property, as depicted in the map
attached to this Ordinance shall be rezoned from the RI-1, Restricted Industrial and
SR-1A, Single Family Residential zoning classifications to the Transit Properties, LLC
Sanford/SR 46 Property PD zoning classification consistent with the provisions of this
Ordinance.
4 11)
(b). The City Manager, or designee, is hereby authorized to execute any
documents necessary to formalize approval of the rezoning action taken herein with
regard to the Transit Properties, LLC Sanford/SR 46 Property 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 and as set forth herein.
(c). The conditions to be incorporated into the pertinent development order
relating to the action taken in this Ordinance include 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 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 Transit Properties, LLC Sanford/SR 46 PD
Property Master Plan which was submitted on July 9, 2013, unless otherwise specifically
set forth in the Ordinance or any associated Development Order.
(3). The uses allowed on the commercial parcels shall be limited to the uses
allowed under the GC-2, General Commercial zoning classification, inclusive of
conditional uses as noted in the Land Development Regulations and excepting any
specific uses noted on the Transit Properties, LLC Sanford/SR 46 PD Property Master
Plan.
(4). A development plan prepared by a licensed engineer meeting the
requirements of the Land Development Regulations shall be submitted and shall be
subject to approval by the Planning and Zoning Commission prior to any construction on
site. A separate development plan will be required for each parcel or outparcel proposed
for development.
(5). The final design and location of all driveways and access points including,
but not limited to, cross access locations throughout the project, shall be determined, and
shall be subject to City approval, during development plan review.
(6). There shall be no automotive uses permitted within the Transit Properties,
LLC Sanford /SR 46 PD including, but not limited to, vehicle dealer sales, vehicle repair or
vehicle service as defined in the Land Development Regulations. Consideration of
vehicle rental offices may be approved if found and determined to be an essential
services related to the proximate Sanford SunRail transit station.
(7). Stormwater design requirements may be increased by the City if warranted
on the basis of technical requirements and generally accepted engineering practices and
principles. The stormwater system shall be constructed to urban design standards, as
approved by the City.
(8). A fountain shall be installed in any wet retention ponds.
(9). A dog walk area with waste collection receptacles shall be provided in the
residential community.
(10). A Comprehensive Signage Program meeting the standards of the Schedule
"K" as set forth in the Land Development Regulations shall be required.
(11). A School Capacity Availability Letter of Determination from the Seminole
County School District is required prior to final approval of the development plan for any
residential component.
(12). Unless specifically requested and approved on the referenced PD Master
Plan, any required elements missing from or not shown on the said PD Master Plan shall
otherwise comply with the City's Land Development Regulations.
(13). The resolution of all disputes arising from development under the Transit
Properties, LLC Sanford/SR 46 Property PD shall be resolved by the Planning and
Zoning Commission unless otherwise specifically provided by controlling law.
(14). The subject property 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 property subject to then existing
planning and zoning codes and ordinances and land development regulations of the City
of Sanford.
Section 3. Incorporation of map and PD Master Plan for Transit
Properties, LLC Sanford/SR 46 Property PD.
The map attached to this Ordinance is hereby ratified and affirmed and
incorporated into this Ordinance as a substantive part of this Ordinance establishing the
Transit Properties, LLC Sanford/SR 46 Property PD.
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 Transit Properties, LLC Sanford/SR 46 Property PD.
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; Implementation.
(a). 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.
(b). The City Manager, or designee, shall implement the provisions of this
Ordinance by means of a development agreement which shall be executed by the
Property Owner within 60 days of the effective date of this Ordinance or the subject
property's zoning classification shall revert to the zoning classification that was in place
for the subject property prior to the approval of the Transit Properties, LLC Sanford/SR 46
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Section 7. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 12th day of October, 2015.
Attest:
vim R. deKv)q, 0 mo,
Traci Houchin, Acting City Clerk
Approved as to form and legal sufficiency.
William L. Colbert, City Attorney
City Commission of the City of
Sanford, Florida
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