4403 Ordinance - Downtown Waterfront Catalyst Site - Torre ou
Ordinance No. 2017-14403 co-I pza r�
An Ordinance of the City of Sanford, Florida relating to enacting a <'"Q-1 k-1
statutory development agreement relating to the property owned by
the City (generally known as the Downtown/Waterfront Catalyst Site)
and involving Sanford Waterfront Partners, LLC in accordance with
-,c)
the provisions of the "Florida Local Government Development
Agreement Act" as set forth at sections 163.3220 - 163.3243, Florida
Statutes; amending Part III of the Code of Ordinances of the City of
41
Sanford (Land Development Regulations), Article IX, Section 9.6;
providing for a savings provision; providing for codification;
providing for the taking of implementing administrative actions;
providing for the adoption of statutory development agreement by
reference; providing for conflicts; providing for severability and
providing for an effective date.
4
Whereas, upon application by Sanford Waterfront Partners, LLCM, the City of
Sanford has considered and processed and the City Commission of the City of Sanford
> has approved and enacted a Development Agreement, as set forth in the Exhibit to this
Ordinance (which Exhibit is incorporated herein by this reference thereto as if fully set
forth herein verbatim), all of said actions occurring pursuant to the Florida Local
Government Development Agreement Act as set forth at Sections 163.3220 through
163.3243, Florida Statutes; and
0
.41 Whereas, the City of Sanford has complied with all requirements and
U
procedures of Florida law in processing and advertising this Ordinance; and
U
U Whereas, this Ordinance is consistent with the goals, objectives and policies
of the Comprehensive Plan of the City Sanford.
Now, therefore, be in enacted by the People of the City of Sanford, Florida.
00 I The City and the Developer, then Torre Construction And Development, LLC entered a
>-1 Memorandum Of Understanding (MOU) effective on February 23, 2016 which was the precursor
.+� to the action taken herein. The then Developer, with the approval of the City, assigned its rights
U and obligations under the MOU to Sanford Waterfront Partners, LLC (the Developer herein)
effective on May 23, 2016 and the City Commission and the Developer herein have approved
amendments to the MOU providing for an extensions since that time.
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 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.
(d). The findings of the Development Agreement between the City of Sanford
and Sanford Waterfront Partners, LLC, as set forth in the Exhibit to this Ordinance are
hereby adopted, ratified and affirmed.
Section 2. Approval And Enactment Of Development Agreement.
(a). The Development Agreement between the City of Sanford and Sanford
Waterfront Partners, LLC, as set forth in the Exhibit to this Ordinance is hereby
approved and enacted.
(b). If State or Federal laws are enacted after the effective date of this
Ordinance and the associated Development Agreement which are applicable to and
preclude the parties' compliance with the terms of the Development Agreement; the
Development Agreement shall be modified or revoked as is necessary to comply with
the relevant State or Federal laws.
Section 3. Amendment To Part III of the Code of Ordinances of the City of
Sanford (Land Development Regulations), Article IX, Section 9.6. Part III of the
Code of Ordinances of the City of Sanford (Land Development Regulations), Article IX,
Section 9.6, is amended to read as folloWS:2
Section 9.6. ® Duration of development agreementiprimacy of State law.
(a)- The duration of the development agreement shall not exceed the
maximum term authorized by controlling State law. The agreement may be extended
by mutual consent of the city commission and the developer, subject to a public
hearing.3
(b). Notwithstanding anything in this Code to contrary relative to statutory
development agreements, the provisions of controlling State law shall prevail.
Section 4. Savings.
The prior actions of the City of Sanford relating to the regulation of lands and
development activities within the City including, but not limited to, the property which is
the subject of the Development Agreement between the City of Sanford and Sanford
Waterfront Partners, LLC, Inc. as set forth in the Exhibit to this Ordinance, and involving
the DowntownA/Vaterfront Catalyst Site are hereby ratified and affirmed.
2 Underlined words shall constitute additions to the original text.
3 Section 163.3229, Florida Statutes, relates to the duration of statutory development agreements
and the relationship of such agreements to the enacting local government's comprehensive plan
and provides as follows:
The duration of a development agreement may not exceed 30 years, unless it is
extended by mutual consent of the governing body and the developer, subject to a
public hearing in accordance with s. 163.3225. No development agreement shall
be effective or be implemented by a local government unless the local
government's comprehensive plan and plan amendments implementing or related
to the agreement are in compliance with s. 163.3184.
Section 5. Incorporation of Development Agreement.
(a). The Exhibit attached to this Ordinance is hereby ratified and affirmed and
incorporated into this Ordinance as a substantive part of this Ordinance.
(b). The City Manager, or designee(s), is/are hereby directed to take any and
all appropriate actions relative to the land use planning documents of the City pertaining
to the property which is the subject of this Ordinance. Also, all maps of the City shall be
modified to address the action taken herein.
Section 6. Codification And Implementation; Scrivener's Errors.
(a). The provisions of this Ordinance shall be made a part of the Code of
Ordinances of the City of Sanford, Florida.
(b). The City Manager, or designee(s), is hereby authorized to take any and all
actions necessary to implement the provisions of this Ordinance.
(c). The City Attorney shall assist the City Manager in the implementation of
this Ordinance as may be necessary and required.
(d). The sections, divisions and provisions of this Ordinance may be
renumbered or re-lettered as deemed appropriate by the Code codifier.
(e). Typographical errors and other matters of a similar nature that do not
affect the intent of this Ordinance, as determined by the City Clerk and City Attorney,
may be corrected with the endorsement of the City Manager, or designee, without the
need for a public hearing.
Section 7. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 8. 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 9. Effective Date.
This Ordinance and the Development Agreement shall take effect, in accordance
with the provisions of Section 163.3239, Florida Statutes, provided that the City Clerk,
within 14 days after the enactment hereof, records this Ordinance and the Development
Agreement with the Clerk of the Circuit Court of Seminole County (Official
Records/Land Records); provided, further, however, that this Ordinance shall not take
effect until the statutory notice provisions of Section 163.346, Florida Statutes, are
accomplished relative to notice being provided to taxing authorities as evidenced by an
affidavit being recorded in the Official Records/Land Records by the City Attorney upon
authorization by the City Manager, or designee, and the interlocal agreement between the
City and the Sanford Lake Monroe Waterfront and Downtown Community Redevelopment
Agency relating to use of tax increment revenues by the City is approved by the parties
thereto and recorded as required by Section 163.01(l 1), Florida Statutes.
Passed and adopted this day of ) 2017.
Attest: 9A City Cornr�nissio of the City of
oSanford, Florida
Cynthi Porter, City Clerk , ' • ff Triplett, r
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Approved as to form and legasa
1�/i liam L. Colbert, City Attorney
DEVELOPER SIGNATURE BLOCK FOLLOWS:
U/
WS_ RM X
Item No. 7-A.2
CITY COMMISSION MEMORANDUM 17077
MAY 8, 2017 AGENDA 1u
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson,AICP—DQvelopment Services Manager/
Russell Gibson,AICP-Director Plannin evelopment Services
SUBMITTED BY: Norton N.Bonaparte,Jr., City Man=twe
SUBJECT: Statutory Development Agreement the City and Sanford
Waterfront Partners, LLC to facilitate th redevelopment of the Downtown
Waterfront Catalyst Site at project ad ss 215 E. Seminole Boulevard.
THIS IS A QUASI-JUDICIAL MATTER AND,AS SU H, REQUIRES DISCLOSURE
OF ALL EX-PARTE COMMUNICATIONS, INYES+IGATIONS, 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:
A request for a statutory Development Agreement(DA)between the City and Sanford Waterfront
Partners,LLC (SWP)for the purpose of the redevelopment of the Downtown Waterfront Catalyst
Site with a project address of 215 E. Seminole Boulevard has been received. The DA has been
modified since the first reading of the enacting ordinance as stated below.
FISCAL/STAFFING STATEMENT:
A statutory DA between SWP and the City providing for developer incentives to create a catalyst
development (the "Downtown Waterfront Catalyst Site") in the City's downtown core and to
economically benefit the City has been submitted. Elements of the statutory DA with the most
potential for fiscal impacts include the following:
1. Cost sharing between the City and Lake Monroe Waterfront Downtown Sanford
Community Redevelopment Agency(CRA)for the installation of on-site and off-
site project related improvements and relocation of underground and overhead
utilities.
2. Waived fees for review, permitting and development costs including accelerated
review not to exceed amounts.
3. Enhanced foundation preparation which may include pile driving and removal of
unsuitable soil to be paid for by the City in a not to exceed amount.
Page I of 13
4. Payment of a percentage of tax increment revenues generated specifically and solely
from the purchased lots developed by SWP as a result of the DA.
Additional revenue may be generated as a result of the completion of the project including:
1. Job creation and increased employment opportunities in the downtown area.
2. Improved residential and retail activity within the downtown area.
3. Increased tax revenue from currently vacant property which is tax exempt.
Although additional permanent City staffing may not be required,if the statutory DA is approved
and adopted, the additional accelerated plan reviews and increased construction activities called
for in the statutory DA may warrant consultant assistance.
The funding for the catalyst site will be achieved by a use of general fund reserves for the non-
stormwater and water/wastewater costs with the intent that the City will be reimbursed in the future
by debt funding. The debt funding will be paid by the City and the CRA.will pay up to$5.2 million
plus interest over the next 8 years for streetscape projects through an interlocal agreement with the
City. The stormwater and water/wastewater costs will be funded through the use of reserves from
the respective funds. Additionally, the CRA will pay the City the equivalent of 50% of the
additional revenues resulting from the purchased lots under the DA.None of these revenues from
the CRA will be pledged to pay any contemplated City bonded indebtedness.
There are no anticipated adverse fiscal impacts to the City budget.The City Commission approved
a resolution declaring its intent to reimburse certain capital expenditures incurred as a result of the
obligations of the City under the statutory DA with proceeds of a potential future tax-exempt
financing. Costs preceding the adoption of the declaration of intent resolution and preceding any
actual implementation of the acquisition of the Downtown Waterfront Catalyst Site project will be �.
evaluated at the appropriate time to ensure that general fund dollars that were expended may be
reimbursed in the course of potential future financing activities. Thus, all true costs of, and
associated with,the Downtown Waterfront Catalyst Site project would be accounted for,attributed
to and paid in the implementation of the financing to the maximum extent authorized by law.
BACKGROUND:
In 2014, Littlejohn Engineering Associates, Inc. (now S&ME, Inc.) was retained by the City to
provide planning, design and economic development services in order to examine and evaluate
preliminary development scenarios for various City owned parcels within the Downtown
Riverfront District as part of the implementation of the 2013 Citywide Vision and Strategic Plan
and the City's overall economic development and redevelopment activities.
S&ME,Inc.administered a half-day planning and conceptual design workshop on August 20,2014
with City staff and key community stakeholders to discuss and address potential development
scenarios for parcels located in Sanford's Downtown Riverfront District near East Seminole
Boulevard and North Palmetto Avenue.The product of the workshop activities was the Waterfront
Conceptual Master Plan which was presented to the Planning and Zoning Commission on
September 18,2014;to the CRA on October 1,2014; and to the City Commission on October 13,
2014.
In December, 2014, the City Commission approved a procurement of services from S&ME, Inc.
to begin the implementation process for the redevelopment of the City owned downtown
Page 2 of 13
waterfront parcels. The following actions and activities associated with the implementation
process occurred:
1. Coordination with Seminole County regarding extension of the operational
timeframe and potential, jurisdictional boundaries of the CRA relative to its
activities within the Community Redevelopment Area and approval of a
Delegation of Authority Resolution to extend the operational timeframe of the
CRA by the Board of County Commissioners of Seminole County(BCC).
2. Reviewed and updated the City's Comprehensive Plan to amend or add new
goals, policies and objectives to achieve consistency with the Community
Redevelopment Plan.
3. Reviewed and updated the City's Land Development Regulations(LDRs)to add
and revise land use regulatory provisions in order to achieve consistency with the
provisions of the Community Redevelopment Plan, when additional projects are
added; and the Comprehensive Plan.
4. The preparation of a Community Redevelopment Plan update in accordance with
Chapter 163, Part III,Florida Statutes.
In February, 2015, a review and revision of the City's land development regulatory documents
was performed by S&ME, Inc. and City staff. The resulting Comprehensive Plan amendment
consisted of proposed text amendments to the Future Land Use Element and the Conservation
Element. In addition, there were amendments to Article II and Schedules B, C, J,N, S and U of
the City's LDRs to implement the City's waterfront redevelopment process.
1. March 23,2015,the City Commission approved a resolution requesting the BCC
to approve a 10-year extension to the operational timeframe of the CRA so that
the CRA may complete key public infrastructure improvements to enable
downtown redevelopment and encourage additional private sector investment
through the Community Redevelopment Area.
2. On June 8, 2015, the City Commission reviewed the April, 2015 CRA
Community Redevelopment Plan.
3. On July 13,2015,the City Commission was informed that the BCC approved the
City's request to extend the operational timeframe of the CRA through 2025.
4. The City issued Request For Qualifications 14/15-21 to solicit qualifications from
interested parties regarding the potential redevelopment of the Downtown
Waterfront Catalyst Site.Torre Construction and Development,LLC(Torre)was
ranked as the most qualified developer to work with the City in collaborating to
develop the Downtown Waterfront Catalyst Site in a high quality manner that will
drive the economic vibrancy of the Downtown area of the City long into the
future. The City approved a Memorandum of Understanding (MOU) with Torre
which has been extended several times.
5. In April 2016, a Community Design Workshop was held at the Sanford Civic
Center to brainstorm the community's thoughts and ideas for the future
development of Downtown Sanford and the Downtown Waterfront Catalyst Site.
6. *On June 13, 2016, Sanford Waterfront Partners, provided a work-in-progress
presentation of the preliminary Master Plan for the Downtown Waterfront
Catalyst Site before the City Commission and general public. It was encouraged
that the audience and general public meet with the group following the meeting
�. to voice comments and provide suggestions about what was presented. Sanford
Page 3 of 13
Waterfront Partners continued to take public comments in writing to ensure that
everyone was heard.
7. On September 13,2016,a conditional use permit application was presented to the
Planning and Zoning Commission. However, the Planning and Zoning
Commission continued the item until it could be considered concurrent with the
statutory DA.
Pursuant Section 9.4, Development Agreement Review, of the City's LDRs, the Planning and
Zoning Commission shall hold a public hearing to review and recommend to the City Commission
on an application for a statutory DA. The Planning and Zoning Commission shall provide to the
City Commission written findings on the consistency of the application with the City's
Comprehensive Plan and LDRs and recommend any conditions, terms, restrictions or other
requirements determined to be necessary for the public health, safety,or welfare of the citizens.
The statutory DA and the proposed redevelopment of the Downtown Waterfront Catalyst Site has
been reviewed by staff for consistency with the City's Comprehensive Plan and the LDRs. The
proposed development that would be authorized by the statutory DA has been found to be generally
consistent with the intent and purpose of the LDRs. In accordance with Article IX, Section 9.43
of the LDRs.The City's Development Review Team(DRT)is required to review the statutory DA.
The DRT has been given the opportunity to review the statutory DA and has made comments
accordingly.
The geographic boundary of the property which is the subject of the statutory DA is shown on
Exhibit"A"(attached).The plan of development is for SWP to redevelop the 8 parcels owned by
the City. The parcels proposed for development and subject to the proposed statutory DA are
identified with the following Tax Parcel Numbers as assigned by the Seminole County Property
Appraiser:25-19-30-501-0000-0200,25-19-30-501-0000-0210,25-19-30-501-0020-0000,25-19-
30-501-0000-0410, 25-19-30-501-0000-0450, 25-19-30-5AG-0201-0090, 25-19-30-5AG-0201-
0410,and 25-30-5AG-0201-0120.
The property is designated Waterfront Downtown Business District(WDBD) on the Future Land
Use Map.The purpose of the WDBD is to:
1. Generate a revitalization effort that attracts private sector investment and
strengthens the City's economy.
2. Establish the district as a regional center.
3. Strengthen public/private partnerships.
4. Enhance the livability of North Seminole County by encouraging improved
residential,retail, educational,cultural and entertainment opportunities.
5. Provide the framework for redevelopment and infill.
The WDBD is within an Urban Service Area,and is comprised of areas that are in close proximity
to,and have historically,been influenced by the St.Johns River and Lake Monroe.The WDBD is
designated as the City's"Central Business District."
After review and consideration, it was found that the following Goals, Objectives and Policies of
the City's Comprehensive Plan support the proposed development of the Downtown Waterfront
Catalyst Site:
Page 4 of 13
1. Goal 1-2 which is to Create and Maintain A Livable,Sustainable Community and
Objective 1-2.2 to regulate commercial development. The City shall continue to
promote redevelopment of the Central Business District including the Lake
Monroe Waterfront and the historic commercial downtown area.
2. Objective 1-2.4 is to Implement Redevelopment and Renewal Program.The City
shall continue to implement redevelopment programs within target areas such as,
the Waterfront/Downtown Business District, among others.
3. Policy 1-2.4.6 is the Redevelopment of Waterfront and Historic Downtown. The
City shall continue to manage the redevelopment of Lake Monroe Waterfront and
the Downtown Historic District consistent with the Comprehensive Plan. The
Lake Monroe corridor redevelopment shall continue to emphasize design
measures which promote a unique waterfront development pattern reinforced by
significant pedestrian oriented urban design amenities and a mix of uses.
4. Policy 1-2.4.7 is to Promote Urban Infill Development.The City shall encourage
the development and redevelopment of parcels in otherwise built-up areas where
public facilities such as sewer systems, roadways, schools, and recreation areas,
are already in place through the use of Urban Infill Redevelopment projects.
5. Policy 1-2.4.8 is to Promote Public and Private Sector Partnerships. The City is
coordinating the redevelopment of the Waterfront Downtown Catalyst Site with
SWP.
If approved, as stated in Section 9.6 of Article IX of the LDRs, the duration of the statutory DA
shall not exceed the time as set forth in controlling State law. The statutory DA may be extended
by mutual consent of the City Commission and SWP, subject to a public hearing. (FS 163.3229)
Duration of a DA and relationship to local comprehensive plan. Although otherwise stated in the
LDRs,the duration of a DA may not exceed 30 years, unless it is extended by mutual consent of
the governing body and the developer, subject to a public hearing in accordance with controlling
State law. No DA shall be effective or be implemented by a local government unless the local
government's comprehensive plan and plan amendments implementing or related to the DA are in
compliance with State law.
The initial consideration of a statutory DA was scheduled for September 13, 2016,but, due to an
incomplete submittal the item was withdrawn until it was re-advertised. At this time,the applicant
and the City have finalized a document for presentation to the Planning and Zoning Commission
and the City Commission for consideration and a formal statutory DA has been submitted
containing obligations of the parties involved. The following is a summary of the obligations of
the parties:
Developer Obligations City Obligations
SWP shall prepare the Development The City shall,at its expense,shall vacate the existing
Blocks for development. utility and other easements,all roadways(e.g.,alleys)
encumbering within the boundaries of the property.
The City shall re-plat the property into a boundary
plat for the development blocks with no internal
easements,roadways or other encumbrances.
Page 5 of 13
The City shall prepare the Downtown Waterfront
Catalyst Site to be free of underground and overhead
utilities,utility lines and environmental issues.
The City will make available water and sewer
infrastructure adequate to serve the needs of the
proposed development.
The City will cause to be removed the overhead
electrical utility lines located between Development
Blocks 2 and 3 shown on Exhibit"H".
The City shall reimburse the documented design and
construction costs associated the removal and
replacement of unsuitable soil or the use of driven
piles or other agreed upon method for vertical
structures or other construction to prepare the site.
SWP shall have an exclusive option to The City shall sell the Development Blocks to SWP.
purchase 1 or more of the 3 Development A special warranty deed, including the deed
Blocks with SWP exercising its first restrictions as outlined in Section 3.14 shall be
option on at least 1 Development Block executed.
within 24 months after the date the City
has completed its obligations noted
above.
SWP shall receive Certificates of The City shall refund purchase price to SWP upon
Occupancy for a minimum of two project completion and satisfaction of terms.
hundred and thirty-five (235) residential
units,or other number of units as may be
determined by amendment
Prior to the completion of the project, When evaluating SWP's request for to sell up to 49%
SWP agrees that it will not sell, transfer of its ownership rights, the City shall consider the
or assign more than 49%of its ownership financial and technical performance ability of the
rights or development rights to any assignee to carry out its obligations and
individual or group during the term of the responsibilities under the terms of the DA.
DA without written consent of the City.
SWP shall obtain all required approvals. The City shall waive all Building Department and
Planning and Development Services Department fees
for submittal and approval within the limits set forth
in the Statutory DA.
Page 6 of 13
SWP shall obtain all required permits. The City shall waive all Building Permit Fees and
Development Permit Fees for submittal and approval
within the limits set forth in the Statutory DA.
At no cost to SWP,the City shall reserve the required
number of stormwater credits necessary for the
development.
SWP shall complete the project within The City shall provide an amount equal to 50%of the
five years of the effective date in total tax increment revenues generated by the
accordance with the DA and permitted purchased lots,involved in the project for each year
plans. tax year through 2025.
The statutory DA contains conditions, stipulations and obligations with the intent to develop a
project in the downtown core which contains a general mix of the following:
1. A non-residential component consisting of an estimated 35,750 square feet of
retail and restaurant mix with approximately 8,550 square feet of office
development.
2. A mix of approximately 235 units of residential which include a variety of
apartments, lofts,townhouse, and live/work spaces.
3. An overall combination of commercial and residential buildings that range in
height from 2 to 5 stories.
4. Areas of public spaces designed for informal gatherings, sidewalk and terrace
dining and an interconnected series of outdoor plazas and paseos and pedestrian-
friendly streetscapes.
Upon further reflection, it was deemed prudent to address the proposed development minimum
dwelling unit size. To that end,Section 3.2 Uses, of the statutory DA was clarified with additional
language. The language of Section 3.2 Uses has been further clarified to include the following
language.
Section 3.2. Uses. The uses on the Property shall be in substantial conformance with
those outlined in the Master Plan,strict compliance with the City's Comprehensive Plan
and in conformity with the City's Land Development Code Land Development
Regulations; provided, however that in no case shall more than 25%of the residential
units be less than seven-hundred (700) square feet in size and no units will be under
four-hundred and fifty (450) square feet square feet in size. (Additional clarification
language underlined for ease of reading).
This clarification was added to address the size of the dwelling units that were to be developed.
Also upon further reflection, it was deemed prudent to modify Section 4.11 Development
Incentives for Waterfront Catalyst Site Development and Investment to address the potential use
of Transportation Impact Fees. Section 4.11 Development Incentives for Waterfront Catalyst Site
Development and Investment was modified to remove reference to Transportation Impact Fees
and a new Section 4.12 Use of Transportation Impact Fees Paid by the Developer was inserted and
reads as follows:
Page 7 of 13
Section 4.12.Use of Transportation Impact Fees Paid by Developer.
The City and the Developer agree to collaborate and develop recommendations to
be submitted to Seminole County for the use of Developer-paid County
transportation impact fees paid relative to development under this Agreement with
the goal of having the County dedicate such revenues to transportation facility and
infrastructure improvements located within the Community Redevelopment Area
to the maximum extent permitted by the County's impact fee codes and ordinances
and the transportation plans of the County such as the Long Range Transportation
Plan.
This clarification was added to enable the potential use of Transportation Impact Fees paid by the
Developer in affecting transportation improvements in that downtown area of Sanford that will be
most impacted by the development of the Waterfront Catalyst site.
As part of the request, the applicant is proposing to reconfigure and repurpose the downtown
parking areas and on street parking resulting in the overall project and surrounding parking areas
being projected to include the following:
1. 370 spaces.
2. 236 off-street(1 per unit).
3. 122 on-street.
4. 12 townhouse(2 per unit).
A portion of the project is located within the City's Downtown Commercial Historic District. In
lieu of developing only a portion of the project to the requirements of Schedule S, the City's
Historic District Regulations,SWP proposes to design the entire project to meet said requirements.
The statutory DA calls for specific requirements for said development and design,including:
Section 4.16.Utilization of Schedule S Development Review Standards. The City
agrees that the Project shall utilize the parking standards outlined in Schedule S of
the City's Land Development Regulations. SWP agrees that the Project shall be
reviewed and approved utilizing the architectural standards and criteria outlined in
Schedule S of the City's Land Development Regulations.
The language of Section 4.16 has been further clarified to include the following language.
Section 4.16 Utilization of Schedule S Development Review Standards. The
City agrees that the Project shall utilize the parking standards outlined in Schedule
S of the City's Land Development Regulations. The Developer agrees that the
Project shall be reviewed and approved utilizing the architectural standards and
criteria outlined in Schedule S of the City's Land Development Regulations;
provided,however,that all off-street parking stalls that are nine(9)feet by eighteen
(18) feet in size shall be permitted. (Additional clarification language underlined
for ease of reading).
Initially,it was thought that on-street parking would also require an adjustment to the parking stall
size,but a review of the Master Plan indicated that such adjustment had not been anticipated and,
thus,the parking stall size for those spaces is to be left unadjusted.
Page 8 of 13
Also, the Ordinance and DA have been amended to address the effective date of the instruments.
These changes were necessitated after consultation with the City's bond counsel and the
determination that certain notice provisions of controlling State law should be implemented to
ensure compliance with the actions being taken by the City and the CRA vis-a-vis the financing
of the project. Additionally, formatting and other non-substantive amendments were made since
first reading.
In addition,the statutory DA also calls for all the applicant to obtain specific elements required for
the Historic District including all Certificates of Appropriateness be obtained, all permits for
approval of any and all right of way activities including but not limited to downtown merchant
sign applications and sidewalk cafes,variances to Schedule S if any portion of the requirements of
Schedule S are not met.
The following Goals, Objectives and Policies from the Capital Improvements Element of the
Comprehensive Plan may not directly support specific components of the statutory DA. The
statutory DA proposes to waive various sources of revenue and impact fees intended to require
developers to participate in the cost sharing elements of new development.These specific sections
include:
Goal 8-1: Capital Improvement Management. The city shall undertake actions
necessary to adequately provide needed public facilities within the city's jurisdiction
in a manner which protects investments and existing facilities,maximizes the use of
existing facilities,and promotes orderly compact growth.
Objective 8-1.2: Require Future Developments to Bear Proportionate Costs
Infrastructure Impacts. Future development shall bear a proportionate cost for
facility improvements necessitated by the development in order to maintain adopted
LOS standards.This objective shall be measured through the implementation of the
following policies.
Policy 8-1.2.1:Require Funding Transportation Fees for New Development.The
City shall participate in the Seminole County traffic impact fee program for purposes
of assisting the funding of new or improved roadways and intersection improvements
required to accommodate traffic impacts of new development. The traffic impact fee
program assesses new development a pro-rata share of costs required to fund
transportation improvement needs generated by such development.
Policy 8-1.2.5: Fund Drainage Improvements. The City shall continue to correct
deficiencies in the drainage system through the implementation of identified capital
improvements projects; and by maintaining the stormwater utility district as a
dedicated funding source for drainage improvements. The City shall continue to
comply with the standards for discharge authorized by EPA permit Number FLS
000038, or its successor under the National Pollutant Discharge Elimination
System. The City will continue to include projects in the Five-Year Capital
Improvement Program when needed to maintain adopted LOS standards for
drainage.
r Policy 8-1.3.2: Indebtedness. For capital improvements, the City shall limit its
`... maximum ratio of outstanding general obligation indebtedness to no greater than 1.5
percent of the property tax base. The City shall restrict maximum ratio of total debt
Page 9 of 13
service to total revenue to a ratio of 50 percent. In funding capital improvements,the
City shall use revenue bonds as opposed to general obligation bonds when possible.
The City does not limit the use of revenue bonds as compared to total debt.
In addition, the requirement for specific elements including parking and multi-modal components
may be in conflict with the proposed statutory DA as follows:
CHAPTER 2: TRANSPORTATION ELEMENT
GOAL 2-1: Provide A Multi-Modal Transportation System. The city shall
develop and maintain an integrated multi-modal transportation system in the City Of
Sanford which promotes mobility and accessibility to move people and goods in a
manner consistent with the local land use,and environmental protection goals,as well
as coordinated with proposed developments. The transportation system shall focus
on multi-modal mobility that offers transportation and transit services in the most
efficient, convenient,accessible,and affordable manner possible.
Objective 2-1.1: Provide a Safe, Convenient, and Efficient Multi-Modal
Transportation System. The City of Sanford shall provide an integrated multi-
modal transportation system that emphasizes safe, convenient, and efficient
movement of motorized and non-motorized vehicles as well as pedestrians within
Sanford through the use of management systems as described in the below policies.
Policy 2-1.2.2: Enforce Traffic Circulation Site Plan Review Criteria. The City
shall enforce traffic circulation site plan review criteria in the Land Development
Code. The criteria address such factors as:
• trip generation;
• internal traffic circulation and parking facilities design, including minimizing
pedestrian and vehicular conflict, off-street parking, as well as safe and
convenient circulation and maneuverability;
• access points;
• potential need for acceleration/deceleration lanes;
• adequate surface water management and drainage; and
• landscaping.
Policy 2-1.2.3: Establish Parking Strategies in Downtown Sanford, the
Waterfront,and for Major Traffic Generators.The City shall establish parking
strategies for the Waterfront area, Downtown Sanford, and other major traffic
generators in order to promote the transportation goals and objectives set forth in
this Plan. The strategies shall be enforced through coordination of ongoing and
future transportation projects impacting land use and requiring off-street parking.
Policy 2-1.1.6: Require On-Site Transportation Improvements and Safe
Traffic Flow. The City shall enforce development regulations which require that
all developments provide safe and convenient on-site traffic flow considering
motorized and non-motorized vehicle parking and internal circulation needs as well
as pedestrian circulation.
Page 10 of 13
As the project is anticipated to utilize the stormwater credits for the downtown area for the whole
project, it may cause a conflict with the following:
CHAPTER 5: CONSERVATION ELEMENT
GOAL 5-1: Conserve,Protect,And Appropriately Manage And Restore The
City's Natural Resources. The City of Sanford shall enhance the quality of natural
systems, including but not limited to: air, surface water, groundwater, wetlands,
flora and fauna, surficial and Floridian aquifers through conservation, protection,
and management activities.
Policy 5-1.2.1: Coordinate Surface Water Management and Land Use.The City
shall protect groundwater from point and non-point pollution sources by assisting
the State and SJRWMD in managing water quality by preventing the discharge of
poor quality stormwater into public water bodies through the adoption of the
following level of service standard:
d. Stormwater facilities shall be designed to meet the design and performance
standards established in Ch. 62, F.A.C. with treatment of the runoff from the first
one inch of rainfall on-site to meet the water quality standards required by Ch. 62,
F.A.C. Stormwater discharge facilities must be designed so as not to degrade the
receiving water body below the minimum conditions necessary to assure the
suitability of water for the designated use of its classification as established in
Chapter 62, F.A.C. Where a conflict exists between two or more LOS standards,
the more restrictive shall be enforced.
The project set forth in the statutory DA meets the 4 strategic priorities that were established by
the City Commission:
1. Unify Downtown and the Waterfront. New buildings and urban spaces will
provide destinations that attract people to the waterfront, with opportunities for
community gathering and views of Lake Monroe. An interconnected sequence of
outdoor plazas,wide tree-lined sidewalks and pedestrian paseos will link the block
frontages, and provide new ways for Sanford residents and visitors to enjoy the
lakefront and marina.
2. Promote the City's Distinct Culture. The master plan for the Downtown
Waterfront Catalyst Site will help spur growth
3. Update Regulatory Framework.The proposed project promotes mixed use centers.
The main street will consist of storefronts and restaurants with outdoor dining.
Residential units located on upper floors will offer true mixed-use urban living.
4. Redevelop and Revitalize Disadvantaged Communities. The project will consist
of mixed-use buildings with retail and dining on the ground floors and residential
and office units on the upper floors.
Overall, the proposed urban form, character and purpose of the project lends a design aesthetic
that creates a development that is compatible with the historic charm of the city while providing a
link between the downtown historic district and the waterfront.
On April 6,2017,the Planning and Zoning Commission considered staff's report and conducted a
public hearing to review and recommend that the City Commission approve the application for a
Page I 1 of 13
statutory DA between the City and SWP for the purpose of the redevelopment of Downtown
Waterfront Catalyst Site with a project address of 215 E. Seminole Boulevard and that the
associated ordinance be enacted.For their consideration,staff noted that the following components
are either not directly addressed or may need additional conditions including:
1. If any new infrastructure is installed on the unencumbered private property (after
4.7(1) of the proposed statutory DA is complete) but intended for public or
multiple party use, additional easements are required or all infrastructure will be
mandated to be privately owned and maintained.
2. Section 4.7 (3) of the proposed statutory DA states that the City will make
available water and sewer infrastructure adequate to serve the needs of the
proposed development,however,at this time and in the current configuration,both
water and sewer infrastructure is available from the adjacent streets of Sanford
Avenue,Commercial Street,Palmetto Avenue and 1 st Street.
3. Although Section 4.11,4.12 and 4.13 of the proposed statutory DA address impact
fees, no specific requirement has been noted regarding Utility water and sewer
impact fees.The utility bond covenants requires that water and sewer impact fees
not be waived and that such should be stated in the proposed statutory DA.
4. The time frame of 60 days in 3.6 ,(b) of the proposed statutory DA has been
reviewed and found to be insufficient to accomplish the noted actions and may
need to be extended.
5. The definition of"Completion of Project" notes a receipt of a minimum of 235
residential units, or other number of units as may be determined by amendment
under the terms of the proposed statutory DA. Although the Master Plan shows
elements of commercial development, no completed non-residential units are
specifically required to reach"Completion of Project."
6. Although Section 4.11, 4.12 and 4.13 of the proposed statutory DA addresses
impact fees,no specific requirement has been noted regarding school concurrency
and the related School Impact Fees. The current Inter-Local Agreement(ILA)for
Public School Facilities Planning Committee (PSFPC) requires all new
developments with residential components to submit for and obtain a School
Capacity Availability Letter of Determination (SCALD) and a School Impact
Analysis (SIA) used to determine school impact fees and Proportionate Share
Mitigation as deemed necessary for a proposed Development.
On April 10,2017,the City Commission unanimously approved the first reading of Ordinance No.
2017-4403 addressing the statutory DA.
On April 24, 2017, the City Commission continued to a date certain (May 8, 2017), the second
reading of Ordinance No. 2017-4403 addressing the application for a statutory DA between the
City and SWP for the purpose of allowing the BCC the opportunity to receive a
briefing/presentation from Mayor and City Manager regarding the proposed development of
Heritage Park (formerly known as the Waterfront Catalyst Site).
On April 25, 2017 the Mayor and City Manager BCC an overview of the proposed Heritage Park
development project. The presentation addressed the history of the project, the potential impact
the project may have upon the community and local economy and the proposed development
schedule. The BCC was supportive of the City's efforts and requested that the City provide
additional information to the BCC regarding the project. The City Manager and staff provided
additional information to the BCC at a meeting with the County Manager on May 2, 2017.
Page 12 of 13
It is anticipated that the CRA will have approved an interlocal agreement with the City at its
meeting of May 3,2017. The interlocal agreement provides that the CRA will provide funding to
the City in order that the City may implement the provisions of the DA.
LEGAL REVIEW:
The City Attorney has no legal objection to the approval of Ordinance Number 4403, as revised,
and the associated DA, as revised.
RECOMMENDATION:
Staff recommends that the City Commission approve the request to adopt Ordinance No.4403 and
execute a statutory DA between the City and SWP for the purpose of the redevelopment of
Downtown Waterfront Catalyst Site with a project address of 21.5 E. Seminole Boulevard.
SUGGESTED MOTION:
"I move to (approve/deny) Ordinance No. 4403, as revised since first reading, regarding the
statutory DA, as revised, between the City and SWP for the purpose of the redevelopment of the
Downtown Waterfront Catalyst Site with a project address of 215 E. Seminole Boulevard."
Attachments: Site Vicinity Map.
Ordinance No.4403,as revised.
Statutory DA,as revised.
Downtown Waterfront Master Plan(Heritage Park).
t
Page 13 of 13
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