4389 All Souls PDOrdinance No. 2016 -4389
An ordinance of the City of Sanford, Florida relating to a total
amendment of the previously approved All Souls Catholic Church and
High School Planned Development (PD) to a new PD to be known as
the All Souls Transit Village PD and approving a new PD master plan;
providing for the rezoning of real property located at 3280 West 1st
Street and assigned Tax Parcel Identification Numbers
22 -19 -30 -5AD- 0000 -0050 and 22 -19 -30 -5AD- 0000 -0280 within the City
Limits (map of the property attached); providing for findings and
intent, development conditions and 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;
providing for severability; providing for non - codification and
providing for an effective date.
Whereas, a request to amend the previously approved All Souls Catholic
Church and High School PD located at 3280 West 1st Street by changing the proposed
high school to an elementary school and adding multiple family residential, age restricted
residential, office and retail uses to the existing PD; and
Whereas, the prior PD was approved by means of the enactment of Ordinance
Number 3614 by the City Commission of the City of Sanford on February 26, 2001; and
Whereas, to implement that plan of development the All Souls Transit Village
PD Master plan has been developed; and
Whereas, the property owner of the PD property is Bishop Thomas G. Wenski,
c/o Diocese of Orlando; and
Whereas, the applicant for the PD approval is Raymond R. Bradick of PKA
Orlando, Inc. who was responsible for completing the Citizen Awareness and
Participation Plan (CAPP) meeting requirements of the City; and
Whereas, the amendment of the All Souls Church and High School PD
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supports the Update Regulatory and Redevelop and Revitalize Disadvantaged
Communities strategic priority of the City and the amended PD, as a mixed use project
that includes the existing church, a proposed school and housing options as well as office
and retail uses, may potentially result in tax exempt property being assessed the City's ad
valorem tax millage rate for the multiple family dwellings, office and retail components of
the PD thereby generating ad valorem tax as well as utility revenues for the City; and
Whereas, on June 8, 2016 the applicant held a CAPP meeting for adjacent
property owners in order that the applicant could describe the proposed changes to the
PD and to provide an opportunity for the public to address concerns; and
Whereas, PKA Orlando, Inc. published all appropriate documentation and a
report relative to the CAPP process and the resulting meeting; 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 August 4, 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; All Souls
Transit Village PD.
(a). Upon enactment of this Ordinance the property, as depicted in the map
attached to this Ordinance shall be rezoned from the All Souls Catholic Church and High
School PD classification to the All Souls Transit Village PD zoning classification
consistent with the provisions of this Ordinance.
(b). The City Manager, or designee, is hereby authorized to execute any
documents necessary to formalize approval of the rezoning action taken herein with
regard to the All Souls Transit Village 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 00-48 shall be, and
continue to remain, in full force and effect unless otherwise specifically stated in this
Ordinance and the implementing Development Agreement.
(3). The property shall be developed generally in accordance with the land uses
and development standards identified on the All Souls Transit Village PD Master Plan as
accepted by the City on June 22, 2016, unless otherwise specifically set forth in any
associated development order; provided, however, that all subsequent development
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orders shall be consistent with the provisions of this Ordinance.
(4). The commercial uses allowed within the All Souls Transit Village PD shall
be limited to the uses permitted by right under the GC-2, General Commercial, zoning
classification as set forth in the City's Land Development Regulations excepting for any
specific uses noted on the All Souls Transit Village PD Master Plan.
(5). Outdoor display or storage, including any outdoor seating areas, shall not
be permitted unless otherwise appropriately designed and designated on an approved
development plan.
(6). Automotive uses within the All Souls Transit Village PD are prohibited and
unlawful including, but not limited to, vehicle dealer sales, vehicle repair or vehicle service
as such uses are defined in the City's Land Development Regulations. Notwithstanding
the foregoing, an application for consideration of a vehicle rental office may be filed with
the Planning and Zoning Commission and such application may be approved if the
proposed use is found to be an essential service related to the nearby transit station.
(7). A development plan prepared and sealed by a licensed Florida professional
engineer meeting the requirements of the City's Land Development Regulations must be
submitted and approved prior to any construction on site and, with regard to this
requirement, a separate development plan is required for each parcel or outparcel
proposed for development with the All Souls Transit Village PD.
(8). The final design and location of all driveways and access points including,
but not limited to, cross access locations throughout the project, shall be proposed within
and shall be subject to City approval during, the development plan review and approval
process.
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(9). A decorative and functional fountain shall be installed in all wet retention
ponds as part of development approval which approval shall provide for ongoing
maintenance requirements and responsibilities upon the appropriate party, but not the
City.
(10). A dog walk area with waste collection receptacles shall be provided in teach
residential community as determined by the City.
(11). A comprehensive signage program meeting the standards of the Sign
Regulations as set forth in the City's Land Development Regulations shall be submitted
and shall be subject to City approval.
(12). 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 to the extent permitted by controlling law.
(13). The All Souls Transit Village PD property owner, at the time of the approval
of this Ordinance, shall coordinate with LYNX to determine the possible addition of a bus
stop and shelter and/or the extension of bus or transit services to the PD property.
(14). Stormwater design requirements maybe increased by the City if warranted
on the basis of technical requirements and generally accepted engineering practices and
principle depending on soil conditions, season high water table, etc. These conditions
may require underdrains based on the amount of fill placed within the All Souls Transit
Village PD. The PD stormwater system shall be constructed to urban design standards,
as approved by the City Engineer.
(15). Unless specifically requested and approved on the All Souls Transit Village
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 resolution of all disputes arising from development under the All Souls
Transit Village PD shall be resolved by the Planning and Zoning Commission unless
otherwise specifically provided by controlling law.
(17). A parking study relating to each development site under the Transit
Oriented Development (TOD) concept shall be submitted at time of Development Plan
Review or Subdivision Improvement Plan Review, reviewed by staff and forwarded to the
Planning and Zoning Commission for final approval.
(18). 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.
(19). All buildings developed on the Subject Property shall not exceed 60 feet in
height.
Section 3. Incorporation of map and PD Master Plan for All Souls Transit
Village 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
All Souls Transit Village PD.
Section 4. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed including, but not limited to, the provisions of Ordinance Number 3614.
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 revised PD /All Souls Transit Village
PD as approved herein.
Section 7. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 26th day of September, 2016.
Attest: City Commission of the City of
Sanford, Florida
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Approved as to form and legal sufficiency.
William L. Colbert, City Attorney
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