4380 PD Rezone 133 N CedarOrdinance No. 2016-4380
An ordinance of the City of Sanford, Florida relating to amending a
portion of the approved the Cedar Pointe Planned Development (PD)
(Thornbrooke PD); providing for the rezoning of real property located
at 133 North White Cedar Road and assigned Tax Parcel Identification
Numbers 21-19-30-5TT-01-100-0000 and 21-19-30-5TT-0IVI00-0000 within
the City Limits (map of the property attached) by converting portions
of the approved section of the subdivision from lots that are 50 feet in
width to lots that are 40 feet in width; 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, since the adoption of the Cedar Pointe Planned Development (PD)
(Ordinance Number 4300), Taylor Morrison of Florida, Inc. has acquired 59.72 acres of
the PD site of 68.42 acres, which is the residential portion of the PD and several phases
have completed construction and have been platted for marketing and sale; and
Whereas, the amendment of the Cedar Pointe PD (Thombrooke PD) supports the
Update Regulatory and Redevelop and Revitalize Disadvantaged Communities strategic
priority of the City and the amendment would generate more housing options and,
therefore, provide additional affordability for residents to live in the City while generating
additional ad valorem tax and utility revenues for the City; and
Whereas, Taylor Morrison of Florida, Inc. is the owner of certain real property
within the City Limits of the City of Sanford (assigned Tax Parcel Identification Numbers
21-19-30-5TT-OH00 -0000 and 21-19-30-5TT-OM00 -0000 by the Seminole County
Property Appraiser and located at 133 North White Cedar Road) and it applied to the City
of Sanford, pursuant to the controlling provisions of State law and the Code of
I I P ,, g "-
Ordinances of the City of Sanford, to have a portion of the approved (Ordinance Number
4300 enacted on August 26, 2013) Cedar Pointe Planned Development (PD)
(Thornbrooke PD) amended by converting portions of the approved section of the
subdivision from lots that are 50 feet in width to lots that are 40 feet in width; and
Whereas, the applicant for Taylor Morrison of Florida, Inc. is Ellen Avery-Smith
of Rogers Towers, P.A.; and
Whereas, the subject property is 59.782 acres in size while the revised part of
the PD total 24.66 acres in size (Tract H and Tract M) which property is located at 133
North White Cedar Road; and
Whereas, the development is being marketed and the property owner has
determined that demand is driving the need for additional lots that are 40 -feet wide and
fewer lots that are 50 -feet wide; and
Whereas, the requested amendment to the PD provides for the following
modifications to the 40 -foot and 50 -foot wide lot sections:
Lots
Approved Cedar i
Proposed s
Revised Cedar Pointe PD
Pointe PD
Change
40 -Foot Wide
1
Increase by 91
64
155
Lots
!
Lots
50 -Foot Wide
Reduce by 71
123
$2
Lots
Lots
Townhouses
112
No Change
112
--
j
Total Net
TOTAL
299
319
i
Increase 20 Lots j
; provided, however, that the change does not pertain to the existing 40 -foot wide lot
section or the townhome section; and
Whereas, the applicant held a Citizen Awareness and Participation Plan
meeting for adjacent property owners to describe the proposed changes and address
their concerns on April 25, 2016; 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 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, on June 2, 2016 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 Commission has determined that the proposed 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 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; Cedar Pointe
PD (Thornbrooke PD).
(a), Upon enactment of this Ordinance the property, as depicted in the map
attached to this Ordinance shall be rezoned from the Cedar Pointe PD (Thombrooke PD)
classification to the revised Cedar Pointe PD (Thombrooke PD) zoning classification
consistent with the provisions of this Ordinance.
4 1 P a c
(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 Cedar Pointe PD (Thornbrooke 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 5 years from the effective date of this Ordinance if all
improvements have not been completed or an extension granted.
(2). All conditions set forth in Development Order Number 13-15 shall be, and
continue to remain, in full force and effect unless otherwise specifically stated in this
Development Order.
(3). The property shall be developed generally in accordance with the land uses
and development standards identified on the Thombrooke PD Master Plan as accepted
by the City on June 6, 2016, unless otherwise specifically set forth in any associated
development order; provided, however, that all subsequent development orders shall be
consistent with the provisions of this Ordinance.
(4). All air conditioning units, other mechanical appurtenances and
improvements shall be placed in the rear of the single family detached homes.
(5). The width of the road pavement shall be 30 feet wherever the center line
radii is less than 100 feet.
5 11) a Ig e
(6). Guest parking shall be provided in the area of the lots which are 40 feet in
width including the converted section of the revised tract of lots 50 feet in width.
(7). Within the section of the subdivision containing lots which are 40 feet in
width, 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.
(8). 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.
(9). An additional mail kiosk shall be added in the open space area designated
in the new 40' lot section.
(10). The resolution of all disputes arising from development under the Cedar
Pointe PD (Thornbrooke PD) shall be resolved by the Planning and Zoning Commission
unless otherwise specifically provided by controlling law.
Section 3. Incorporation of map and PD Master Plan for Cedar Pointe PD
(Thornbrooke 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
Cedar Pointe PD (Thornbrooke 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 Cedar Pointe PD (Thornbrooke PD) including, but not
limited to, Ordinance Number 4300 amending the former Town Center at White Cedar
PD Master Plan and replacing it with the Cedar Pointe PD Master Plan which was
implemented by the adoption of Development Order Number 13-15.
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 Cedar Pointe PD (Thornbrooke PD).
7 11) a g e
Section 7. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 27th day of June, 2016.
Attest:
Cynthia Porter, City Clerk
Approved as to form and legal sufficiency.
William L. Colbert, City Attorney
City Commiss
Sanford, FlgridaA n
Jeff Triplett,
City of
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Item No. -C 1-
CITY COMMISSION MEMORANDUM 16-215
JUNE 27, 2016 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Cynthia Porter, City Clerk
Eileen Hinson, AICP — Dev ment Serv' ager
SUBMITTED BY: Norton N. Bonaparte, Jr., City-N4anager,,
SUBJECT: PD Amendment for Cedar Pointe PD (aka
THIS IS A QUASI-JUDICIAL MATTER AND, As SUCH, REQUIRES
DISCLOSURE OF ALL EX PARTS COMMUNICAYIIONS, INVESTIGATIONS,
SITE VISITS AND EXPERT OPINIONS REGARDING THIS MATTER.
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
® Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Ordinance No. 4380, to amend a portion of the approved Cedar Pointe PD (aka Thornbrooke) at
133 N. White Cedar Road by converting portions of the approved 50 -foot wide lot section of the
subdivision to 40 -foot wide lots, is being submitted for second reading and adoption.
The property owner is Taylor Morrison of Florida, Inc. The applicant is Ellen Avery -Smith of
Rogers Towers, PA who was responsible for completing the CAPP Meeting.
The Affidavit of Ownership and Designation of Agent form is attached and other information is
available in order to ensure that all potential conflicts of interests are capable of being discerned.
FISCAL/STAFFING STATEMENT:
Based on the 2015 property tax roll of Seminole County, the vacant property with a property
address of 133 N. White Cedar Road has an assessed value of $1,195,050. The total tax bill for the
parcel in 2015 was $34,905.31.
If the amended Cedar Pointe PD (aka Thornbrooke) is approved and subsequently developed as
revised, the property would be assessed the City's millage rate for the additional single family lots
and generate ad valorem and utility revenues for the City accordingly.
No additional staffing is anticipated if the amended Preliminary Subdivision Plan is approved.
Page I of 5
BACKGROUND:
The Thornbrooke Subdivision is located along N. White Cedar Road from SR 46 north to Iowa
Avenue. On August 26, 2013, the City Commission adopted Ordinance Number 4300 amending
the former Town Center at White Cedar PD Master Plan and replacing it with the Cedar Pointe PD
Master Plan subject to the conditions in Development Order Number 13 -15. The PD Master
Plan was approved with three types of residential lots: 112 Townhome lots, 64 lots at 40 -foot in
minimum lot width, and 123 lots at 50 -foot in minimum lot width.
Following the Planning and Zoning Commission approval on July 18, 2013, the City Commission
approved the Preliminary Subdivision Plan on August 12, 2013 for the Cedar Pointe Planned
Development, a mixed use residential and commercial development on 68.42 acres pursuant to all
standards and conditions as denoted on the Cedar Pointe PSP submitted on June 19, 2013 subject
to the following conditions:
1. Guest parking shall be provided in the area of the 40 -foot wide lots and townhome lots.
2. All air conditioning units shall be placed in the rear of the single family detached homes.
3. The width of the road pavement shall be 30 feet wherever the center line radii is less than
100 feet.
4. Street lights are required on N. 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.
5. Within the 40 -foot wide lot and townhome lot areas of the subdivision, on street parking,
if any, shall be restricted to allow public safety access as well as to restrict any parking
anywhere except within designated parking areas approved by the City.
6. A recreation/community facility will be constructed on Tract F as depicted on the Planned
Development Master Plan submitted June 19, 2013, unless otherwise reviewed and
approved by staff.
7. Unless specifically requested and approved on the Preliminary Subdivision Plan, any
required elements missing from or not shown on the Preliminary Subdivision Plan shall
otherwise comply with the City's Land Development Regulations.
Since the adoption of the Cedar Pointe PD (Ordinance No. 4300), Taylor Morrison has acquired
59.72 acres of the 68.42 acres site, the residential portion of the PD. Several phases have
completed construction and have been platted for marketing and sale. As the development is being
marketed, the applicant has determined that demand is driving the need for additional 40 -foot wide
lots and fewer 50 -foot wide lots. As a result, the applicant has submitted a request for a Planned
Development Amendment to reduce the number of 50 -foot wide lots, by converting them into 40-
foot wide lots.
The requested amendment to the PD proposes the following modifications to the 40 foot and 50
foot wide lot sections:
-._._..._._......... _ ...... ._ ..... --_._ .................... _....._..._.__.._....__...__..---........._..._..............
Lots
......._.......,_......._.._...
Approved
........... _....__......._......_............._............
Proposed
_.................__........... .... _......
Revised Cedar Pointe PD
Cedar Pointe a
Change j
PD 3
40 -Foot Wide
j
64
Increase by 100 j
164
Lots
_.. _
Lots
__._ . ,
50 -Foot Wide
_ ._._.
123
Reduce by 79
44
Lots
{
Lots
.......__ _........._......_........._...
. ....._..Townhouses........... _........_......_.._...._.......
`
...._....._...__...__._......No
Chang
__ . g.......
112
Page 2 of 5
.......... .........................._....._................__......._........_......_....._ ...........
._....._.............._..._..._._.....__.._._......._........_. ..._.._...._..._..._.._......._ ........._.............._..._..._....................._..._........_._...._...__.... ....._....._...................
TOTAL 299 Total Net 320
Increase 21 Lots
_...__._ ... _ ...... ......_............. ....._... -......__...__........__...._ .......... ...._....._.._... __........._............_...... _...__.....__......._.............._.__........._.........__....._...._..._...... x....._.........--.__..........._._....._......_..._....._........_._. ..._._._....._..._...._._..._..
The change does not pertain to the existing 40 -foot wide lot section or the townhome section.
The amendment of the Cedar Pointe PD (aka Thornbrooke) supports the Update Regulatory and
Redevelop and Revitalize Disadvantaged Communities strategic priority. The amended PSP would
generate more housing options and therefore provide additional affordability for residents to live
in the City of Sanford. In addition, the currently vacant property would be assessed the City's
millage rate for single family lots and generate additional ad valorem and utility revenues for the
City.
A Citizens Awareness and Participation Plan meeting was held on Monday, April 25, 2016 at the
Thombrooke Sales Center at 592 Merry Brooke Circle to notice the adjacent property owners of
the application for modifications of the Planned Development zoning and Preliminary Subdivision
plan. One citizen attended and no concerns regarding the proposal were expressed at the meeting.
On June 2, 2016, the Planning and Zoning Commission reviewed the request and recommended
the City Commission adopt an Ordinance to amend a portion of the approved Cedar Pointe PD
(aka Thornbrooke) at 133 N. White Cedar Road by converting portions of the approved 50 -foot
wide lot section of the subdivision to 40 -foot wide lots subject to a Development Order that
includes all conditions as recommended by staff with the following changes: 1) add a mail kiosk
in the 40' lot section; 2) reduce the number of 40' lots by making 50' lots (noted as lots 231 -240)
that are adjacent to existing 50' lots (noted as lots 19 -26); and 3) add one 40' lot be reconfiguring
lots 78 -85.
The City Commission approved the first reading of Ordinance No. 2016 -4380 on June 13, 2016.
The City Clerk published notice of the public hearing in the Sanford Herald on June 12, 2016.
LEGAL REVIEW:
The City Attorney has reviewed the staff report and has noted the following: Section 166.033, Florida
Statutes, provides as follows (please note emphasized text):
"(1) When reviewing an application for a development permit that is certified by a professional listed
in s. 403.0877, a municipality may not request additional information from the applicant more
than three times, unless the applicant waives the limitation in writing. Before a third request for
additional information, the applicant must be offered a meeting to attempt to resolve outstanding
issues. Except as provided in subsection (4), if the applicant believes the request for additional
information is not authorized by ordinance, rule, statute, or other legal authority, the
municipality, at the applicant's request, shall proceed to process the application for approval or
denial.
(2) When a municipality denies an application for a development permit, the municipality
shall give written notice to the applicant. The notice must include a citation to the
applicable portions of an ordinance, rule, statute, or other legal authority for the denial of
the permit.
(3) As used in this section, the term "development permit" has the same meaning as in s. 163.3164,
but does not include building permits.
(4) For any development permit application filed with the municipality after July 1, 2012, a
municipality may not require as a condition of processing or issuing a development permit that
an applicant obtain a permit or approval from any state or federal agency unless the agency has
Page 3 of 5
issued a final agency action that denies the federal or state permit before the municipal action
on the local development permit.
(5) Issuance of a development permit by a municipality does not in any way create any right on the
part of an applicant to obtain a permit from a state or federal agency and does not create any
liability on the part of the municipality for issuance of the permit if the applicant fails to obtain
requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes
actions that result in a violation of state or federal law. A municipality shall attach such a
disclaimer to the issuance of development permits and shall include a permit condition that all
other applicable state or federal permits be obtained before commencement of the development.
(6) This section does not prohibit a municipality from providing information to an applicant
regarding what other state or federal permits may apply."
The above - referenced definition of the term "development permit" is as follows:
"(16) 'Development permit' includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or any other official action of local
government having the effect of permitting the development of land." (Section 163.3164(16),
Florida Statutes).
Thus, if this application is denied, a denial development order must be issued which must cite to the
applicable portions of each ordinance, rule, statute, or other legal authority supporting the denial of the
application. For example, if a goal, objective or policy of the Sanford Comprehensive Plan were to be
the basis for a denial, then such goal, objective or policy must be part of the motion proposing the
denial. A denial development order would be drafted to implement the actions of the Planning and
Zoning Commission in the event of such occurrence. Accordingly, any motion to deny must state, with
particularity, the basis for the proposed denial.
The term "development order" is defined as follows and, as can be seen, refers to the "granting,
denying, or granting with conditions [ofl an application"
"(15) `Development order' means any order granting, denying, or granting with conditions an
application for a development permit." (Section 163.3164(15), Florida Statutes).
RECOMMENDATION:
Staff, together with the Planning and Zoning Commission (P &ZC), recommend that the City
Commission enact an ordinance to amend a portion of the approved Cedar Pointe PD (aka
Thornbrooke) at 133 N. White Cedar Road by converting portions of the approved 50 -foot wide
lot section of the subdivision to 40 -foot wide lots subject to a Development Order with the
conditions as recommended by staff and the additional conditions added by the Planning and
Zoning Commission:
1. All conditions per Development Order No. 13 -15 shall be, and continue to remain, in full
force and effect unless otherwise specifically stated in this Development Order.
2. 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.
3. The property shall be developed generally in accordance with the land uses and
development standards identified on the Thornbrooke PD Master Plan as accepted by the
City on June 6, 2016, unless otherwise specifically set forth in any associated development
order; provided, however, that all subsequent development orders shall be consistent with
the provisions of this Ordinance.
Page 4 of 5
4. All air conditioning units, other mechanical appurtenances and improvements shall be
placed in the rear of the single family detached homes.
5. The width of the road pavement shall be 30 feet wherever the center line radii is less than
100 feet.
6. Guest parking shall be provided in the area of the lots which are 40 -feet in width including
the converted section of the revised tract of lots 50 feet in width.
7. Within the 40 -foot wide lot section 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.
8. 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.
9. The resolution of all disputes arising from development under the Cedar Pointe PD
(Thornbrooke PD) shall be resolved by the Planning and Zoning Commission unless
otherwise specifically provided by controlling law.
10. An additional mail kiosk shall be added in the open space area designated in the new 40'
lot section.
11. The total number of 40' lots proposed shall be reduced by leaving the currently approved
50' lots (noted as 40' lots 231 -240) adjacent to existing 50' lots (noted as lots 19 -26).
12. Allowing one additional 40' lot to be created by reconfiguring lots 78 -85.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2016 -4380 to amend the Cedar Pointe PD (aka Thornbrooke)
based on the request being consistent with the Future Land Use designation as recommended by
staff and the Planning and Zoning Commission subject to a Development Order that includes all
recommended conditions."
Attachments: Project Information Sheet
Site Vicinity Map /Aerial Map
Applicant's Affidavit of Ownership and Designation of Agent
School Capacity Availability Letter of Determination
Justification Statement
CAPP Meeting Report dated April 25, 2016
Ordinance 4300 with Original Master Plan & DO 13 -15
Ordinance No. 4380
PD Master Plan received June 6, 2016
T:\Development Review \03 -Land Development\2016 \Thornbrooke - Revised \PD \CC Memo - Thornbrooke Amendment 2016.docx
Page 5 of 5
x I � ) PROJECT INFORMATION �— PD AMENDMENT - THORNBROOKE
�4
Requested Action: Amend a portion of the approved Cedar Point PD (Thornbrooke PD) by converting
portions of the approved 50 -foot lot section of the subdivision to 40 -foot lots
Existing Uses: Single Family (40 -foot lots and 50 -foot lots) and Townhome Residential Community
Project Address: 133 N. White Cedar Road
Current Zoning: PD, Planned Development (Ordinance No. 4300 adopted August 26, 2013)
Tax Parcel Number: 21- 19 -30- 5TT -OHOO -0000 and 21- 19- 30- 5TT -OM00 -0000
Site Area: Entire PD: 59.782 acres (per legal description)
Revised Portion of PD: 24.66 acres (Tract H and Tract M)
Property Owners: Taylor Morrison of Florida, Inc.
151 Southhall Lane, Suite 200
Maitland, FL 32751
Applicant/Agent: Ellen Avery -Smith
Rogers Towers, PA
201 S. Orange Avenue, Suite 720
Orlando, FL 32801
CAPP Meeting: Applicant held a Citizen Awareness and Participation Plan meeting for adjacent property
owners to describe the proposed changes and address their concerns. The meeting was
held on April 25, 2015. The CAPP report is attached.
Commission District: District 2 — Commissioner Velma Williams
COMPREHENSIVE PLAN COMPLIANCE REVIEW
Planning staff has reviewed the request and has determined the use and proposed improvements to be consistent with
the Goals, Objectives and Policies of the Comprehensive Plan.
Future Land Use: PD, Planned Development
Existing Land Use: Vacant and Residential
Surrounding Uses and Zoning:
Uses
North Vacant Industrial (McDonald Ventures)
South Apartments (Stratford Point)
Self - Storage Warehouses (CubeSmart)
East Harvest Time International
Single Family Residential
Vacant Commercial
West Apartments (Stratford Point)
Warehouse /Shipping Facility (Fed Ex)
Vacant Industrial
Zoning
PD, Planned Development
PD, Planned Development
PD, Planned Development
PD, Planned Development
A -1, Agriculture (Seminole County)
C -1, General Commercial (Seminole County)
PD, Planned Development
PD, Planned Development
PD, Planned Development
Page 1 of 2
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: Stormwater pond was constructed as part of existing site improvements in accordance with
St. Johns River Water Management District (permit #IND- 1 17-115614-5) and City of
Sanford standards.*
Roadways: The average daily trips estimated for the overall project is 4,941 trips with 468 PM peak
hour trips. A traffic impact analysis was done in 2013. *
Water: Water services will be provided by the City of Sanford.
Sewer: Sewer services will be provided by the City of Sanford.
LOS Standard Proposed Overall Demand Facility Capacity
Potable Water: 144 gal /capita/day 33,000 gals /day* 10.51 MGD
Sanitary Sewer: 132 gal /capita/day 29,700 gals /day* 7.3 MGD
Solid Waste: 2.46 lbs /capita/day 2401bs /day* 21.5 million tons
*Provided by the project engineer
TADevelopment Review \03 -1-and Development\201GiThornbrooke - RevisecITI)Troject Info sheet - Thombrooke Amendment.doc
Page 2 of 2
AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
1877- -
w .sanfordfl.gov
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
1. Ownership
1, Chris Tyree, V. P. of Taylor Morrison of Florida, Inc., hereby attest to ownership of the property described below:
Tax Parcel Number(s): see attached
Address of Property: 133 North White Cedar Road
for which this Planned Development rezoning application is submitted to the City of Sanford.
II. 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, 1 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): Ellen Avery -Smith Signature:
Agent Address: 201 S. Orange Avenue, Suite 720, Orlando, Florida 32801 .
Email: eaverysmith@rtlaw.com Phone: 407- 567 -1160 Fax: 407 - 246 -5494
111. Notice to Owner
A. All changes in Ownership and /or Applicant's 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 Applicant's Agent to be limited in any manner, please indicate the limitations(s)
below. (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc.)
N/A
The owner of the real property associated with this application or procurement activity is a (check one)
a Individual a Corporation o Land Trust o Partnership o Limited Liability Company
o Other (describe):
1. List all natural persons who have an ownership interest in the property, which is the subject matter of this petition, by name and
address.
2. For each corporation, list the name, address, and title of each officer; the name and address of each director of the corporation;
and the name and address of each shareholder who owns two percent (2 %) or more of the stock of the corporation. Shareholders
need not be disclosed if a corporation's stock are traded publicly on any national stock exchange.
3. In the case of a trust, list the name and address of each trustee and the name and address of the beneficiaries of the trust and the
percentage of interest of each beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the information
required in paragraph 2 above.
Name of Trust:
4. For partnerships, including limited partnerships, list the name and address of each principal in the partnership, including general
or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above.
1
5. For each limited liability company, list the name, address, and title of each manager or managing member; and the name and
address of each additional member with two percent (2 %) or more membership interest. If any member with two percent (2 %) or
more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information
required in paragraphs 2, 3 and /or 4 above.
Name of LLC:
6. In the circumstances of a contract for purchase, list the name and address of each contract purchaser. If the purchaser is a
corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and /or 5 above.
Name of Purchaser:
Date of Contract:
NAME TITLE1OFFICE/TRUSTEE ADDRESS % OF
OR BENEFICIARY INTEREST
(Use additional sheets for more space.)
7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shall be
disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains.
8. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. 1
understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, special
exception, or variance involved with this Application to become void or for the submission for a procurement activity to be non-
responsive. I certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures
harain
a -3 01\0
Date
STATE OF FLORIDA
COUNTY OF 0(ctt�,L
Sworn to (or affirmed) and subscribed before me by Chn' t tr
on this ` day of d' . 20 1 kO .
cll�fia lopp-A Z I
Cit-ure-rfNot ry ublic
Personally Known V OR Produced Identification _
Type of Identification Produced
Affidavit of Ownership - January 2015
� J
Owner gent, Applicant Signature
;a "'P "a�% JACQUELYN LAROCOUE
Notary Public
State of Florida
My Comm. Expires OCi 12. 2016
commission H EE 831330
of Notary Public
N
School Capacity Availability Letter of Determination
Seminole County Public Schools
Educational Support Center
400 East Lake Mary Blvd. Sanford, FL 32773-7127
Project Information
Project Name
Thombrook (fka Cedar Point)
School District Tracking #
2016-13
Jurisdiction
of Sanford
Parcel ID (s)
-City
List Attached
Project Location:
133 North White Cedar Road
Number of Residential Units:-
322
Residential Unit Type:
Single Family Detached /Attached
Property Owner/Developer:
Taylor Morrison of Florida, Inc.
Applicant Name: -
i Ellen Avery-Smith, Es q., Rogers Towers, P. A.
Devel pmen-t Review Table
CSA
Enroll-
ment
Capacity
Prior
Reserved
Capacity
Total
Available
Capacity
Capacity
Reserved
for Project
Remaining
Available
Capacity
Elem
E-9
5043
5772
162
621
68
663
Middle
M-1—
6394
6068
208
466
31
435
High
H-1
6660
7740
305
1069
39
1030
This School Capacity Availability Letter of Determination reserves capacity for the
above referenced parcel(s) and confirms that said parcel(s) and the resulting
subdivision meets the School Concurrency requirements of Section 163.3180,
Florida Statutes, and the adopted 2007 Interlocal Agreement for Public School
Facility Planning and School Concurrency, as amended.
The duration for which capacity is reserved shall be subject to the respective
municipality's Land Development Code, but shall not exceed two years from the
date of jurisdiction's development approval or the issuance of a building permit,
whichever occurs
M" F
- Rigby, AIC� lacillities-Planr.
Joseph Ranaldi,
3/8/2016
tive Director
SCALD-2016-13
Date
Date
SCPS Facilities Planning
Terms and Definitions:
Capacity: the total capacity within a CSA which is in place or under construction within
the first three years of the School Board's current Capital Improvement Plan will be
calculated, and is counted as available capacity for the residential development under
review. Adjacent CSA's are considered if no capacity is available in the effected CSA.
Capacity Reserved for Project: is determined by applying the current SCPS student
generation rate (as adopted in the current impact fee study) to the number and type of
units proposed in the development request. Capacity is reserved in the CSA providing
said capacity.
Concurrency Service Area (CSA): A geographic unit promulgated by the School Board
and adopted by local governments within which the level of service is measured when an
application for residential development is reviewed for school concurrency purposes. The
CSA listed represents the area that the capacity is reserved and may be adjacent to the
projects actual CSA.
Enrollment: The total enrollment count as recorded on October 14, 2011 for all schools,
by type within each respective CSA.
Level of Service Standard (LOS): A standard or condition established to measure
utilization within a concurrency service area. Current Level of Service is determined by
the sum of the FTE student count at the same type of schools within a concurrency service
area, divided by the sum of the permanent FISH capacity of the same type of schools
within a concurrency service area. Projected or future Level of Service is determined by
the sum of the projected COFTE enrollments at the same type of schools within a
concurrency service area, divided by the sum of the planned permanent FISH capacity of
the same type of schools within a concurrency service area. The levels of service shall
be as follows:
2008-2012 Beginning 2013
Elementary and Middle School CSA 100% 100%
High School CSA 110% 100%
Prior Reserved Capacity: is school capacity that is assigned to all residential
development which has received final approval after January 1, 2008. This total will be
subtracted from the available capacity in each respective CSA to determine impacts to
LOS.
Remaining Available Capacity: is the number of remaining student stations available
for concurrency purposes after the reserved capacity is deducted.
Total Available Capacity: is the net of the capacity less enrollment and reserved
capacity in the effected CSA. This amount must be equal to or greater than the capacity
reserved for the development to be issued a SCALD.
3/8/2016 SCALD-2016-13 SUPS Facilities Planning
Thornbrooke (formerly known as Cedar Pointe)
Planned Development and Preliminary Subdivision Plan Modifications
Justification Statement and Community Contact Plan
Taylor Morrison of Florida, Inc. is the owner of approximately 61.58 acres located at 133
North White Cedar Road, Sanford, Florida (the "Property "). The Property lies within a project
called Thornbrooke, which was formerly known as Cedar Pointe.
The Future Land Use Map designation of the Property is Westside Industry & Commerce
( "WIC "), and the zoning district is Planned Development ( "PD "). The City approved
Development Order 13 -15 (the "Order ") for the Property in 2013.
Taylor Morrison has begun development of the Property as a residential community
consisting of single - family detached homes and townhomes, pursuant to the approved PD zoning
site plan, the Order and a related Preliminary Subdivision Plan ( "PSP "). Taylor Morrison desires
to modify the PD zoning and PSP for the Property to provide for additional density, which will
allow more people to live in this desirable community with wonderful parks, schools and other
amenities in proximity to downtown Sanford and the St. Johns River.
The proposed PD and PSP modifications would:
Increase the number of 40- foot -wide single - family lots from 64 to 164 (100 units);
and
2. Reduce the number of 50 -foot -wide single - family lots from 123 to 44 (79 units).
These changes will increase the number of residential units within Thornbrooke from 299
to 320, or a net increase of 21 units. The number of residential units proposed will remain
consistent with, and well below, the maximum permitted density of 20 dwelling units per acre in
the underlying WIC future land use designation. The proposed modifications will not reduce the
designated recreation areas or open space within the PD. Taylor Morrison is not seeking to
change any of the site - related improvements required in Development Order No. 13 -15 or
provided in the approved Preliminary Subdivision Plan.
In order to provide residents in the surrounding neighborhoods with information about
the proposed PD and PSP modifications, Taylor Morrison and its project team will conduct a
community meeting prior to the first public hearing on the applications. Taylor Morrison will
coordinate with the City staff to obtain names and addresses of residents to whom notices of the
community meeting will be mailed, at least 15 days in advance of such meeting. Taylor
Morrison will also publish an advertisement in a newspaper of general circulation in the City at
least 15 days prior to the community meeting. Both notices will include the date, time and
location of the community meeting. All Planning & Zoning Commission and City Commission
members will be invited to the community meeting as well.
Memorandum
To: Ellen Avery -Smith
From: Alexis Crespo
cc: Chris Tyree, Alex Madison, Trent Stephenson
Date: April 25, 2016
Subject: Thornbrooke
Citizen Awareness and Participation Plan (CAPP) Report
Representatives fiom Taylor Morrison of Florida, Inc., Rogers Towers, P.A., and Waldrop
Engineering, P.A., conducted a neighborhood meeting on Monday, April 25, 2016 to present the
applications for modification of the Planned Development ( "PD ") zoning & Preliminary Subdivision
Plan ( "PSP ") for the Thornbrooke project (formerly known as White Cedar). The meeting was held at
the Thornbrooke Sales Center at 592 Merry Brooke Circle, Sanford, Florida 32771 at 6:00 p.m.
The meeting was noticed in the Orlando Sentinel on April 11, 2016. The advertisement is attached
as Exhibit A. A meeting notice was mailed on April 11, 2016 to the list of property owners
provided by the City of Sanford. The notice and list of recipients are attached as Exhibits B and C,
respectively. The meeting sign -in sheet is attached as Exhibit D, and demonstrates one (1) resident
was in attendance.
Representatives from Taylor Morrison, Rogers Tower, and Waldrop Engineering introduced
themselves to the attendee and explained the proposed PD and PSP modifications. The consultant team
explained the approved PD, including number of dwelling units and locations of unit types throughout
the community. The proposed PD site plan was also presented to indicate the locations of the proposed
changes.
The attendee asked whether or not the application had been approved by the City. Ms. Avery -Smith
explained the staff was reviewing the application and the public hearings for approval would occur in
the next few months. The attendee asked about the types of homes that could be constructed on the
proposed 40 -foot -wide lots. The consultant team explained it would be the same types of products
already constructed on the 40- foot -wide and 50- foot -wide lots within the community. He asked if there
would be more two -story homes. The consultant team indicated that would be possible. There was
Page 1 of 2
discussion on the model homes in the community, as well as the amenity facilities and surrounding
area. No concerns regarding the proposal were expressed.
There were no fiuther questions or comments. The client team thanked the attendee for coming and
provided contact information should he or his neighbors have more questions regarding the project.
The meeting concluded at approximately 6:25 p.m.
Page 2 of 2
i
EXHIBIT A
Sold To:
Rogers Towers, P.A. - Orlando - CU00488217
201 S Orange Ave, Ste 720
Orlando, FL, 32801 -3470
Attn: Renee Richardson
Bill To:
Rogers Towers, P.A. - Orlando - C000488217
201 S Orange Ave
Ste 720
Orlando, FL, 32801 -3470
U 'p e,
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Q-'Olt 111'j'4y
4101315
.��0 N # �.
Published Daily
ORANGE County, Florida
STATE OF FLORIDA
COUNTY OF SEMINOLE
Before the undersigned authority personally appeared
Ingrid Guiles / Maria Torres, who on oath says that he or she is an Advertising
Representative of the ORLANDO SENTINEL, a DAILY newspaper published at
the ORLANDO SENTINEL in ORANGE Comity, Florida; that the attached copy
of advertisement, being a Legal Notice in the matter of 11150- Public Hearing
Notice, Monday, April 25, 2016 at 6:00 p.m. was published in said newspaper in
the issues of Apr 11, 2016.
Affiant further says that the said ORLANDO SENTINEL is a newspaper published
in said ORANGE County, Florida, and that the said newspaper has heretofore been
continuously published in said ORANGE County, Florida, each day and has been
entered as periodicals matter at the post office in ORANGE County, Florida, in
said ORANGE County, Florida, for a period of one year next preceding the fist
publication of the attached copy of advertisement; and affiant further says that he
or she has neither paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this advertisement for
Lpub1hicatfionimth aidnewspaper.
\ t�
Signature of Affia t Printed�Affiant '1—_
Sworn to and subscribed before me on this 12 day of April, 2016,
by above Affiant, who is personally known to me (X ) or who has produced
identification ( ).
Signature o otary Public
Name of Notaty, Typed, Printed, or Stamped
%o �?'. ir. u�. I:.:. u.. �- is +aiemhr..p��>,mr�+yr= ywyl %as•� 'HgYtyIDev7...+.�<:.i..
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4101315
NEIGHBORHOOD MEETING
NOTIFICATION LETTER
April 11, 2016
Taylor Morrison of Florida, Inc. would like to invite you to attend a neighborhood meeting
to discuss an application to amend the Planned Development zoning and Preliminary Subdivision
Plan for the Thornbrooke community. The meeting will be held at the following place and time:
THORNBROOKE SALES CENTER
592 MERRY BROOKE CIRCLE
SANFORD, FL 32771
APRIL 25, 2016 at 6:00 p.m.
Taylor Morrison and their Consultant Team have submitted applications to the City of
Sanford to amend the Planned Development zoning and Preliminary Subdivision Plan for
Thornbrooke in order to convert portions of the 50- foot -wide single family lots to 40- foot -wide
single family lots. This change will increase the number of 40- foot -wide single- family lots from
64 to 164 (100 units) and reduce the number of 50 -foot -wide single - family lots from 123 to 44.
The number of residential units within Thornbrooke will increase from 299 to 320, or a net increase
of 21 units.
The increased number of single- family units will help to make it more affordable for
residents to live in an area with top -rated schools and parks, in proximity to downtown Sanford
and the St. Johns River.
The proposed modifications will not reduce the designated recreation areas or open space
within the Thornbrooke Planned Development (PD). A copy of the plans submitted to the City will
be available for review at the neighborhood meeting.
Taylor Morrison and their Consultant Team 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 Ellen Avery -Smith at Rogers Towers at (407)
567 -1160 prior to the meeting if you have any questions regarding the proposed development.
EXHIBIT C
Mashood Ahmed Matthew J.Aubin Brenda Baptiste
150 Big Spring Ter 368 Red Rose Lane 328 Red Rose Ln.
Sanford, FL 32771 Sanford, FL 32771 Sanford, FL 32771
Claudette Behrens W. Trustee Richard & Brenda Boyd Patrick & Elizabeth Ferguson
FBO 495 N. White Cedar Rd. 336 Red Rose Ln.
306 W. Lakeview Ave. Sanford, FL 32771 Sanford, FL 32771
Lake Mary, FL 32771
Belle LLC Jennifer & Leon R. Jr. Carter Ganesh Holdings North LLC
STE 100 332 Red Rose Ln. 5700 Dot Com Ct. STE 1000
530 S. Ronald Reagan Blvd. Sanford, FL 32771 Oviedo, FL 32765
Longwood, FL 32750
Richard & Brenda Boyd Lo Bros Enterprises Maronda Homes Inc. of Fla.
495 N. White Cedar Rd. 751 General Hutchinson Pkwy 4005 Maronda Way
Sanford, FL 32771 Longwood, FL 32750 Sanford, FL 32771
Jerred T. & Kiara J. Mason Mcdonald Ventures XXVI LLC Jesse E. & Carolyn J. Moore
119 Big Spring Ter. Bldg. 200 STE 700 250 Miller Rd.
Sanford, FL 32771 3715 Northside Pkway NW Orange City, FL 32763
Atlanta, GA 30327
Roger Morefield Shawn Morehouse James E. Jr. & Gina M. Nielsen
395 Red Rose Ln. 321 Big Spring Ter. 715 Mallard Dr.
Sanford, FL 32771 Sanford, FL 32771 Sanford, FL 32771
Olympic Alameda Venture LLC Pedro L. & Susan T. Quiles Rand Yard Farms LLC
PO Box 11659 111 Big Spring Ter. PMB W. Lake Mary Blvd. #1010
Beverly Hills, CA 90213 Sanford, FL 32771 Lake Mary, FL 32746
Real Prop. Inv. Of Central FL, LLC Robert A. Reynolds Donald A. Dominey & Adella M.
121 Garfield Ave. c/o Virginia Reynolds Salinas
Winter Park, FL 32789 9000 Country Club Rd. 123 Big Spring Ter.
Sanford, FL 32773 Sanford, FL 32771
City of Sanford Sanford Recycling & Transfer Inc. c/o Mark A. & Natalie R. Sewell
300 N. Park Ave. Harding & Carbone 115 Big Spring Ter.
Sanford, FL 32771 3903 Bellaire Blvd. Sanford, FL 32771
Houston, TX 77025
Stratford Point LP
Taylor Morrison of Florida, Inc.
Thornebrooke Homeowners
c/o Alliance Tax Advisors
Association, Inc.
433 E. Las Colinas Blvd. STE 300 151 Southall Ln. STE 200
151 Southall Ln. STE 200
Irving, TX 75039 Maitland, FL 32751
Maitland, FL 32751
Floraliz 0. Perez & Carlos Torres Stacey & Robert Williams
127 Big Spring Ter. 131 Big Springs Ter.
Sanford, FL 32771 Sanford, FL 32771
THORNBROOKE NEIGHBORHOOD MEETING
MONDAY, APRIL 25TH 2016
NAME I MAILING ADDRESS
Page 1 of 5
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-
0760, 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-
SAC-0000-0940 and 16 -19 -30 -5AC- 0000 -OOLO) 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
ilk
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;
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
2 11) a i:), e
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
3jPae
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-0000-0896,16-19-30-5AC-0000-0900, 16-19-30-5AC-0000-
41 P
0930, 16-19-30-5AC-0000-0940 and 16-19-30-5AC-0000-001-0) 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
5 1 11
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
6 1 PI a , e
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
7 111 a g e
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.
Wiliam L. Colbert, City Attorney
City Commission of he City of
Sanford, Florida
Jeff Triplett,
8 111 a g c
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Ordinance No. 2016-4380
An ordinance of the City of Sanford, Florida relating to amending a
portion of the approved the Cedar Pointe Planned Development (PD)
(Thornbrooke PD); providing for the rezoning of real property located
at 133 North White Cedar Road and assigned Tax Parcel Identification
Numbers 21-19-30-5TT-01-100-0000 and 21-19-30-5TT-OMOO-0000 within
the City Limits (map of the property attached) by converting portions
of the approved section of the subdivision from lots that are 50 feet in
width to lots that are 40 feet in width; 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, since the adoption of the Cedar Pointe Planned Development (PD)
(Ordinance Number 4300), Taylor Morrison of Florida, Inc. has acquired 59.72 acres of
the PD site of 68.42 acres, which is the residential portion of the PD and several phases
have completed construction and have been platted for marketing and sale; and
Whereas, the amendment of the Cedar Pointe PD (Thombrooke PD) supports the
Update Regulatory and Redevelop and Revitalize Disadvantaged Communities strategic
priority of the City and the amendment would generate more housing options and,
therefore, provide additional affordability for residents to live in the City while generating
additional ad valorem tax and utility revenues for the City; and
Whereas, Taylor Morrison of Florida, Inc. is the owner of certain real property
within the City Limits of the City of Sanford (assigned Tax Parcel Identification Numbers
21-19-30-5TT-OH00 -0000 and 21-19-30-5TT-OM00 -0000 by the Seminole County
Property Appraiser and located at 133 North White Cedar Road) and it applied to the City
of Sanford, pursuant to the controlling provisions of State law and the Code of
I I P a a e
Ordinances of the City of Sanford, to have a portion of the approved (Ordinance Number
4300 enacted on August 26, 2013) Cedar Pointe Planned Development (PD)
(Thombrooke PD) amended by converting portions of the approved section of the
subdivision from lots that are 50 feet in width to lots that are 40 feet in width; and
Whereas, the applicant for Taylor Morrison of Florida, Inc. is Ellen Avery-Smith
of Rogers Towers, P.A.; and
Whereas, the subject property is 59.782 acres in size while the revised part of
the PD total 24.66 acres in size (Tract H and Tract M) which property is located at 133
North White Cedar Road; and
Whereas, the development is being marketed and the property owner has
determined that demand is driving the need for additional lots that are 40-feet wide and
fewer lots that are 50-feet wide; and
Whereas, the requested amendment to the PD provides for the following
modifications to the 40-foot and 50-foot wide lot sections:
----- - ------- ---------
Lots
Approved Cedar
.... . .........
Proposed
Revised Cedar Pointe PD
Pointe PD i
Change
40-Foot Wide
64
Increase by 91
155
Lots
............. ... . ..........
Lots
. ..... ....... ....
..............
. . .......... . .............
50-Foot Wide
.
123
Reduce by 71
52
Lots
Lots
- ---- - --------
Townhouses
112
No Chan
. .. . ...... 112
TOTAL
299
Total Net
319
........ . .. __ ................. . . . I ........... .
............. . .. . ........ ....... . . . ..... ......... . .. . . ...........
ea0 Lots
se 2
Increase
.. . .. . ...... ....... .... . ..... .. . .... . ....................... . .....
..........
; provided, however, that the change does not pertain to the existing 40-foot wide lot
section or the townhome section; and
21 P a g), e
Whereas, the applicant held a Citizen Awareness and Participation Plan
meeting for adjacent property owners to describe the proposed changes and address
their concerns on April 25, 2016; 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 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, on June 2, 2016 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 Commission has determined that the proposed 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 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; Cedar Pointe
PD (Thornbrooke PD).
(a), Upon enactment of this Ordinance the property, as depicted in the map
attached to this Ordinance shall be rezoned from the Cedar Pointe PD (Thornbrooke PD)
classification to the revised Cedar Pointe PD (Thornbrooke PD) zoning classification
consistent with the provisions of this Ordinance.
4 1 P a -, e
(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 Cedar Pointe PD (Thornbrooke 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 5 years from the effective date of this Ordinance if all
improvements have not been completed or an extension granted.
(2). All conditions set forth in Development Order Number 13 -15 shall be, and
continue to remain, in full force and effect unless otherwise specifically stated in this
Development Order.
(3). The property shall be developed generally in accordance with the land uses
and development standards identified on the Thornbrooke PD Master Plan as accepted
by the City on June 6, 2016, unless otherwise specifically set forth in any associated
development order; provided, however, that all subsequent development orders shall be
consistent with the provisions of this Ordinance.
(4). All air conditioning units, other mechanical appurtenances and
improvements shall be placed in the rear of the single family detached homes.
(5). The width of the road pavement shall be 30 feet wherever the center line
radii is less than 100 feet.
(6). Guest parking shall be provided in the area of the lots which are 40 feet in
width including the converted section of the revised tract of lots 50 feet in width.
(7). Within the section of the subdivision containing lots which are 40 feet in
width, 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.
(8). 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.
(9). An additional mail kiosk shall be added in the open space area designated
in the new 40' lot section.
(10). The resolution of all disputes arising from development under the Cedar
Pointe PD (Thornbrooke PD) shall be resolved by the Planning and Zoning Commission
unless otherwise specifically provided by controlling law.
Section 3. Incorporation of map and PD Master Plan for Cedar Pointe PD
(Thornbrooke 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
Cedar Pointe PD (Thornbrooke 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 Cedar Pointe PD (Thornbrooke PD) including, but not
limited to, Ordinance Number 4300 amending the former Town Center at White Cedar
PD Master Plan and replacing it with the Cedar Pointe PD Master Plan which was
implemented by the adoption of Development Order Number 13 -15.
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 Cedar Pointe PD (Thornbrooke PD).
Section 7. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 27th day of June, 2016.
Attest.,
Cynthia Porter, City Clerk
Approved as to form and legal sufficiency.
William L. Colbert, City Attorney
City Commission of the City of
Sanford, Florida
Jeff Triplett, Mayor
8 1 P a a e
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PD SITE PLAN FOR
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DEVELOPER: TAYLOR MORRISON OF FLORIDA, INC.
MASTER SITE PLAN
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PD SITE PLAN FOR
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DEVELOPER: TAYLOR MORRISON OF FLORIDA, INC.
MASTER SITE PLAN