4390 Grammar School Holdings LLC PDOrdinance No. 2016 -4390
An ordinance of the City of Sanford, Florida relating to the approval of
the Grammar School Holdings LLC Planned Development (PD) and
approving a PD master plan; providing for the rezoning of real
property located at 301 West 7th Street and assigned Tax Parcel
Identification Numbers 25- 19- 30 -5AG- 0906 -0000 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 approve the Grammar School Holdings LLC Planned
Development (PD) relative to real property, 1.4 acres (60,840 square feet) in size, located
at 301 West 7th Street, thereby rezoning the real property from SR -1, Single Family
Residential, to PD was submitted to the City for approval; and
Whereas, the property owner of the PD property is Grammar School Holdings
LLC of New Smyrna Beach; and
Whereas, the applicant for the PD approval is Lisa C. Lessard who is a
manager of the aforementioned LLC and was responsible for completing the Citizen
Awareness and Participation Plan (CAPP) meeting requirements of the City; and
Whereas, the other managers of the LLC are Nancy C. Greenfield, Michael B.
Lessard, and Anthony B. Greenfield; and
Whereas, the development of the property, which was previously tax exempt
public property, will result in previously tax exempt property being assessed the City's ad
valorem tax millage rate thereby generating ad valorem tax revenues, as well as other
revenues, for the City; and
IIPage
Whereas, on June 16, 2016 the applicant held a CAPP meeting for adjacent
property owners in order that the applicant could describe the proposed development and
to provide an opportunity for the public to address concerns; and
Whereas, the CAPP meeting process and a later Planning and Zoning
Commission meeting held on August 4, 2016 resulted in the proposed development of
the real property transitioning from a straight Euclidean zoning district to a PD; and
Whereas, the resulting PD Master Plan is intended to provide for small scale
retail and service development which serve the convenience needs of a limited
population and /or geographic area (i.e. neighborhood), but is not intended to
accommodate major or large scale commercial or service activities and all uses shall be
oriented to and be compatible with the neighborhood to be served; and
Whereas, the resulting PD Master Plan also generally meets the standards for
RC -1, Restricted Commercial zoning with minor modifications; and
Whereas, the resulting PD Master Plan also takes into account that the
property is located in the Residential Historical District and is bordered by 7th Street to the
north, Myrtle Avenue to the east, 8th Street to the south and Elm Avenue to the west with
the building located on the property being originally constructed in 1902; and
Whereas, the building located on the property is a Romanesque revival style
brick structure with a two story center section featuring a bell tower that is connected by
covered walkways to separate one story east and west wings and was used as a high
school, elementary school, meeting space and most recently a student museum
throughout the history of Sanford and the building was placed on the National Register of
Historic Places in 1984; and
21Page
Whereas, the building is proposed to be used as creative professional space,
recitals and artistic showings, boutique gatherings and fundraising opportunities
activities; 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 September 1, 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.
3 1 P a e
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; Grammar
School Holdings LLC PD.
(a), Upon enactment of this Ordinance the property, as depicted in the map
attached to this Ordinance shall be rezoned from the SR -1, Single Family Residential,
zoning classification to the Grammar School Holdings LLC 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
41Page
regard to the Grammar School Holdings LLC 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). The following uses are permitted within the PD:
Permitted Uses:
PUBLIC & SEMI - PUBLIC
Noncommercial Amusement Facility (Indoor)
Cultural Facility
COMMERCIAL
Retail Sales & Service Indoor (Unless otherwise Prohibited by the PD
Business & Professional Office
Business Training School
Restaurant (On- Premise Consumption of Alcohol Requires Major Conditional Use)
MISCELLANEOUS BUSINESS & SERVICES
Printing & Publishing
Domestic and Business Service Indoor
TRANSIENT LODGING & ENTERTAINMENT
EVENT VENUE (Commercial Amusement Indoor Subcategory) to include uses commonly referred to as
Meetings /Seminars, Arts and Educational Events, Fundraisers, Celebrations i.e. Weddings, anniversaries,
birthdays, graduations, retirements, showers, family reunions, potlucks, private banquets.
(2). Specific uses will require additional review as Minor or Major conditional
use as noted on the PD Master Plan as follows:
Conditional Uses:
RESIDENTIAL
Accessory Dwelling Unit (with Mixed Use)
Minor
Multiple Family
Major
Day Care Facility 6 or more Individuals
Minor
Community Residential Home 7 to 14 Residents
Major
Residential Care Facility 15 or More Residents
Major
PUBLIC AND SEMI- PUBLIC
Elementary School
Minor
Middle School
Minor
High School
Minor
College, University or Vocational School
Minor
House of Worship
Major
5 1 P a - e
TRANSIENT LODGING & ENTERTAINMENT
EVENT VENUE (Commercial Amusement Outdoor
Minor
Subcategory) with similar uses as noted under
Permitted indoor category.
COMMERCIAL AMUSEMENT INDOOR AND
Major
OUTDOOR (Unless noted under Permitted indoor
category)
Bed & Breakfast
Major
Motion Picture Theater Indoor
Major
(3). The following uses are prohibited within the PD:
Prohibited Uses:
RESIDENTIAL
Nursing Home
Boarding House
PUBLIC & SEMI- PUBLIC
Noncommercial Amusement Facility Outdoor
Cemetery
Hospital /Medical Clinic
Communication Tower
Community Resource Facility
COMMERCIAL
Retail Sales & Service Outdoor Display — New Merchandise
Retail Sales & Service Outdoor Display — Used Merchandise
Retail Sales & Service — Outdoor Storage
Retail Electronic- Cigarette /Vaporizer Store
Retail Tobacco Store
Uses with Alcohol Consumption On Premises including but not limited to commonly referred to as Bar,
Cocktail Lounge, Nightclub, Tavern, Liquor Store
Hookah /Smoke Lounge
Bail Bond
Exceptional uses
Non - hazardous Research & Testing Lab
Drive -Thru Restaurant
TRANSIENT LODGING & ENTERTAINMENT
Adult Performance Establishment
Adult Arcade Amusement Center
VEHICULAR USES (All)
MISCELLANEOUS BUSINESS & SERVICES
Funeral Home and /or Crematory
Laundromat
Landscaping Service Establishment
Auction Sales Establishment
Aircraft Sales Establishment
6 1 P a g e
Prohibited Uses:
Small Animal Boarding Kennel
Veterinarian & Animal Hospital
Welding Establishment
INDUSTRIAL USES (All)
AGRICULTURAL USES (All)
(4). An engineering plan prepared by a Florida licensed professional engineer
meeting the requirements of the City's Land Development Regulations shall be submitted
and be subject to approval by the City prior to any construction on the property occurring
in the event that any required improvements are deemed necessary to the parking or
landscaping associated with re- establishing the site.
(5). Unless specifically requested and approved on the Grammar School
Holdings PD Master Plan, any required elements missing from or not shown on the shall
otherwise comply with the City's Land Development Regulations.
(6). Any changes to the exterior of the building located on the property
including, but not limited to, paint, signage, fences, walls, and accessory structures shall
be presented to the City to review for compatibility with the Historic District standards. If
staff and the property owner are unable to agree to the details of the engineering plan, the
matter will be submitted to the Historic Preservation Board for resolution by means of a
development order or denial development order.
(7). All required certificates of appropriateness, building and site development
permits shall be obtained prior to making any modifications to the property including, but
not limited to, the structure, the parking areas and any required landscaping and
buffering.
(8). Parking shall be reviewed prior to establishment of any established use.
71Pa�e
(9). The resolution of all disputes arising from development under the Grammar
School Holdings LLC PD shall be resolved by the Planning and Zoning Commission by
means of a development order or denial development order unless otherwise specifically
provided by controlling law.
Section 3. Incorporation of map and PD Master Plan for Grammar School
Holdings LLC 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
Grammar School Holdings LLC PD.
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; 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.
8 1 P a - C
(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 Grammar School Holdings LLC PD as
approved herein.
Attest:
Section 7. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 26th day of September, 2016.
City Commissi�� of the City of
Sanford, Florida
jut,,),
Jeff Triplett, U
9 1 P a e