4423 Amend West Sanford Business Park PDOrdinance No. 2017 -4423
An ordinance of the City of Sanford, Florida relating to a total
amendment of the previously approved Aero 1 and 2 (PD) to a new
revised PD to be known as the West Sanford Business Park PD and
approving a new PD master plan; providing for the rezoning of real
property located at 205 Aero Lane and 3336 West 5th Street and
assigned Tax Parcel Identification Numbers 26 -19 -30 -5AE -1800 -0000
and 26 -19 -30 -5AE- 1800 -0001 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, an application has been submitted proposing to amend the
previously approved Aero One and Aero Two PD at 205 Aero Lane with regard to
property located at that address and 3336 West 5th Street with the new PD being named
the West Sanford Business Park PD; and
Whereas, the subject property was rezoned to a PD by means of the City
Commission enacting Ordinance Number 3871 to amend the PD Master Plan for 205
Aero Lane to Aero One PD and the approval of Development Order No. 04 -0020; and
Whereas, subsequently, the City Commission enacted Ordinance Number
3870 to amend the PD Master Plan for 3336 West 5th Street to the Aero Two PD and
further implemented that approval by means of Development Order No. 04 -0020; and
Whereas, all approved uses and conditions associated with the PD Master
Plans have expired as, pursuant Article IV, Section 4.3 G of the City's Land Development
Regulations (Land Development Code) (hereinafter "LDRs "), a PD project expires 3
years from the effective date of the approval and all work must be completed within the
3 -year time frame; and
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Whereas, the prior PD rezoning actions taken by the City having expired; all
approved uses and development conditions associated with the PD must be established
including, but not limited to, approval of a new PD master plan; and
Whereas, the new proposed master plan proposed development will be
contain mixed use industrial/commercial permitted uses as allowed in the RI-1 zoning
district and ancillary commercial/retail uses of which development, of the approximately
135,000 square feet of proposed building space, the majority will be light industrial
warehouse type uses with up to 25% permitted for business and professional office, retail
sales, service, related showrooms and other uses; and
Whereas, the PD development will be constructed in 2 successive phases on a
total site area of 9.59 acres with the entire site having shared stormwater facilities,
parking and cross access and with the first phase being located on the north 4.80 acres
and the second phase being constructed on the adjoining 4.78 acres; provided, however,
that both phases will be accessed from Aero Lane; and
Whereas, the Property Owner of the PD property is Richard G. Moore; and
Whereas, the applicant for the PD approval is David McGregor of Knife River
Capital, LLC; and
Whereas, a Citizen Awareness and Participation Plan (CAPP) meeting the
requirements of the City has been submitted to the City and that process included a
meeting held on June 22, 2017 all of which was accomplished by Larry Poliner, RCE
Consultants, LLC; and
Whereas, the City's Planning and Development Services Department has
conducted a thorough review and analysis of the demands upon public facilities and
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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 LDRs, 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 October 5, 2017 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 LDRs, 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.
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(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; West Sanford
Business Park PD.
(a), Upon enactment of this Ordinance the property, as depicted in the map
attached to this Ordinance shall be rezoned from the Aero One and Aero Two PD
classification to the West Sanford Business Park 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 West Sanford Business Park 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 LDRs, this rezoning shall expire 3 years
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from the effective date of this Ordinance if all improvements have not been completed or
an extension granted.
(2). All development shall be consistent with the West Sanford Business Park
PD Master Plan, dated as received by the City on June 27, 2017, 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.
(3). Additional right-of-way may be required by the City relating to Aero Lane as
determined by the City which the property owner shall convey, upon request by the City,
in a form of conveyance as approved by the City Attorney. It should be noted that a rural
roadway section requires 60' of right-of-way in accordance with Schedule "N", LDRs. A
50' of right-of-way (25' from pavement centerline) may be allowed subject to a
maintenance easement for the open drainage.
(4). All land use activities conducted on site shall be in accordance with
Schedule "B" — Permitted uses, LDRs, for RI-1, Restricted Industrial, and ancillary
commercial/retail uses with the exception that vehicular uses and outdoor storage and
outdoor manufacturing are prohibited. All activities shall be conducted indoors including,
but not limited to, any storage or assembly.
(5). The retail portion of the development shall be in accordance with
Schedule "G" — Architectural Design Standards, of the LDRs.
(6). An overall sign plan for the subdivision may be approved as part of a
comprehensive sign plan as established in Schedule "K", Sign Regulations, of the LDRs.
(7). Appropriate buffers by means of decorative walls or evergreen shrubs shall
be provided to minimize impacts on any adjacent residential uses as determined by the
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City.
(8). Unless otherwise specified on the West Sanford Business Park PD Master
Plan, all development shall comply with the setback and buffer requirements set forth in
Schedule "J", Landscape, Buffer and Tree Requirements, of the LDRs.
(9). All requirements relating to wetland and tree mitigation as established in the
LDRs shall be met prior to development of the site (property).
(10). If determined to be required and prior to any issuance of a site development
permit relating to the subject property, acceptable fencing around the property shall be
submitted for City staff approval.
(11). The following design elements will be considered during the development
plan review:
(a). Site improvements occurring on the PD property may include the
incorporation of low impact development (oftentimes referred to as "LID") techniques and
crime prevention through environmental design (oftentimes referred to as "CPTED")
guidelines.
(b). Elements of buildings may be constructed incorporating Leadership in
Energy and Environmental Design (oftentimes referred to as "LEED"), Florida Green, or
such other equivalent energy savings standards as may be approved by the City.
(c). Unless specifically requested and approved on the PD Master Plan, any
required elements missing from or not shown on the PD Master Plan shall comply with
the LDRs.
(12). The resolution of all disputes arising from development under the West
Sanford Business Park PD shall be resolved by the Planning and Zoning Commission
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unless otherwise specifically provided by controlling law.
Section 3. Incorporation of map and PD Master Plan for West Sanford
Business Park 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
West Sanford Business Park 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 the prior PD ordinances relating to
the subject property.
Section 5. Severabillity.
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 LDRs; 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 non-statutory development agreement which shall be executed
by the Property Owner within 60 days of the effective date of this Ordinance or the subject
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property's zoning classification shall revert to an un-zoned property status.
Section 7. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 13th day of November, 2017.
Attest:
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Cynthia Porter, City Clerk
Approved as to form and legal sufficiency.
'Ml—flam L. Colbert, City Attorney
City Commission of the City of
Sanford, Florida
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