4435 Rezone 1010 W. Lk Mary Blvd.The PreserveOrdinance No. 2018-4436
An ordinance of the City of Sanford, Florida relating to The Preserve
of Sanford Planned Development (PD) and approving a PD master
plan; providing for the rezoning of real property located at 1010 West
Lake Mary Boulevard and assigned Tax Parcel Identification Number
10-20-30-300-020A-0000 within the City Limits (map of the subject
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 rezone property
located at 3336 West 5th Street as a Planned Development (PD) zoning
classification/district being named The Preserve of Sanford PD; and
Whereas, the subject property is currently assigned the AG, Agriculture, and
RC -1, Restricted Commercial, zoning classifications/districts under the Land
Development RegulationslLand Development Code (LDRs) of the City; and
Whereas, the PD 'master plan proposed for development will consist of 240'
dormitory style units with 475 total individual rooms (proposed for 1 occupant per room)
with each unit containing a mix of single occupant rooms that are intended for student
housing for the nearby Seminole State College, but which may be rented out as a mixed
multiple family or a rooming house type product; and
Whereas, pursuant the LDRs, a boarding house, rooming house and dormitory
facilities fall within the same definition and, if the subject PD is fully occupied as dormitory
type student housing, the project contains 476 single occupant rooms while, if occupied
as a mixed tenancy, the resident count may vary; and
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Whereas, standard parking for multiple family residential under the LDRs
requires 2 spaces per unit and 1 guest space per every 4 units while parking
requirements for a boarding house or dormitory is 1 space per room plus 1 per resident
manager; and
Whereas, inasmuch as the subject PD is a mixed use, multiple family and
dormitory project, the parking for the PD is being configured as follows with the
preliminary rendering on the PD master plan showing a total of 476 spaces, which is
equivalent to 1 space per leasable room or 1.93 spaces per multiple occupant unit:
Type of unit
Number of unit type
Parking Spaces per type
Total Parking Spaces
1 Bedroom
76
1
76
2 Bedroom
93
2
186
3 Bedroom
71
2
142
Guest Parking
0.25
60
Total
240 Units/475 Rooms
464
; and
Whereas, the PD development will be constructed on a total site area of 9.79
acres the majority of which falls within a wetland boundary or a flood prone area and be
subject to permitting by other agencies of government with regulatory jurisdiction over the
subject development; and
Whereas, the Property Owner of the PD property is Antonia A. Crews as
evidenced by the records of the Seminole County Property Appraiser although it has
been represented at the January 5, 2018 meeting of the City's Planning and Zoning
Commission and to City staff that the purchase and sale of the subject property has
closed and that the ownership of the subject property is now vested in the developer;
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Whereas, the applicant for the PD approval is Charles Hollis, Manager of the
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Pennington Development Group; 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 September 13, 2017 all of which was accomplished by the applicant and
an additional letter was forwarded by the applicant to notify adjacent owners of the
changes made to the proposed PD master plan following the first CAPP 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 City's LDRs, and the controlling
provisions of State law; provided, however, that the requirements of this Ordinance must
be adhered to relative to attaining the required assignment of a land use designation
consistent with the requirements of this Ordinance; 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 January 4, 2018 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
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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.
(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 propertylimplementing actions; The Preserve
of Sanford PD.
(a), Upon enactment of this Ordinance the subject property, as depicted in the
map attached to this Ordinance shall be rezoned from the AG, Agriculture, and RC -1,
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Restricted Commercial, zoning classifications/districts to The Preserve of Sanford 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 Preserve of Sanford 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
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 Preserve of Sanford PD
Master, Plan, dated as received by the City on December 6, 2017, unless otherwise
specifically set forth any associated development order; provided, however, that all
subsequent development orders shall be consistent with the provisions of this Ordinance.
(3). All multiple family design criteria conducted shall be in accordance with
Schedule "E" — Design Standards, of the City's Land Development Regulations, unless
otherwise specifically designated on The Preserve of Sanford PD Master Plan or as
noted in the letter of justification included with the submittal.
(4). If all appropriate regulatory measures are met and all or part of the site is
mitigated to allow for construction, the applicant shall be required to apply for and submit
justification for a future land use designation amendment to remove the Resource
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Protection land use designation from those areas no longer deemed to be a conservation
or resource protection area by the City and the amendment application packet, shall,
together with the required applications fee, be submitted in a manner which includes all
required State and local supporting documentation to provide the necessary justification
for the amendment prior to any certificates of occupancy being issued for the use of the
building and, to that end, this is a contingent approval that requires complete and plenary
consistency with the provisions of the City's Comprehensive Plan.
(5). All development within the PD project shall meet all the requirements of
Schedule "U" — Lake Mary Boulevard Gateway Corridor Overlay District, of the City's
LDRs, where determined to be appropriate by the City.
(6). No building permits issued for vertical construction (residences nor
community amenities) until all site improvements are completed and all water lines are
approved by the Florida Department of Environmental Protection; provided, however,
that the provisions, of Section 166.033,. Florida Statutes, shall be adhered to and the City's
approvals are and the City has not conditioned the processing or issuing a development
permit that the applicant obtain a permit or approval from any State or Federal agency
and the City is unaware of any agency having issued a final agency action that denies a
Federal or State permit before the City has taken this action.
(7). A comprehensive signage program meeting the standards of the sign
regulations as set forth in the City's LDRs is required at the time determined to be
appropriate by the City.
(8). The final design and location of all driveways and access points shall be
determined by City staff during the development plan review process.
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(9). Unless otherwise specified on The Preserve of Sanford PD Master Plan, all
development shall comply with setback and buffer requirements set forth in Schedule "J",
Landscape, Buffer and Tree Requirements, of the City's LDRs. This requirement shall
include, at a minimum, any requirements relating to tree mitigation being met prior to
development of the site.
'(10). Any development within a flood prone area or wetland shall comply with the
applicable City, State and Federal regulations and land use restrictions including, but not
limited to, Schedule "M" of the City's LDRs; provided, however, that the provisions of
Section 166.033, Florida Statutes, shall be adhered to and the City's approvals are and
the City has not conditioned the processing or issuing a development permit that the
applicant obtain a permit or approval from any State or Federal agency and the City is
unaware of any agency having issued a final agency action that denies a Federal or State
permit before the City has taken this action..
(fl). Any development on land that is considered environmentally sensitive
under controlling law or delineated as wetlands by an agency with jurisdiction shall be
mitigated as required by jurisdictional requirements under controlling law; provided,
however, that the provisions of Section 166.033, Florida Statutes, shall be adhered to
and the City's approvals are and the City has not conditioned the processing or issuing a
development permit that the applicant obtain a permit or approval from any State or
Federal agency and the City is unaware of any agency having issued a final agency
action that denies a Federal or State permit before the City has taken this action.
(12). The City has received a "Letter of No Impact" has been received from the
Seminole County School District based on the project being, in intent and essences (as
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proposed) a strictly student housing project. The Letter of No Impact provides that "[a]ny
reconfiguration that would change the nature or composition of the dwellings from the
submitted plans would void this document and would revert to prior concurrency
restrictions". Therefore, the use of the subject property as a mixed multiple family
development and not just a dormitory would require resubmittal to the School District for
reassessment of school concurrency including the submittal of the required School
Impact Analysis and School Capacity Availability Letter. The requirement set forth in this
Subsection is a School District requirement and the City takes no position as to the nature
or status of any person relative attaining residence at the project and the City hereby
expresses its determination that all residential development at the PD project shall
comply with all of the requirements of the State and Federal fair housing laws to include,
but not be limited to, the Federal Fair Housing Act.
(13). If any subdivision is proposed on the subject property, a preliminary
subdivision plan and subdivision improvement plan shall be submitted and subject to
approval by the City with all construction activity being subject to approval by the City,
with a subsequent subdivision plat being reviewed, approved and recorded, in
accordance with the provisions of Chapter 177, Florida Statutes, prior to the issuance of
any certificates of occupancy.
(14). The Property Owner shall install a decorative and functional fountain in all
wet retention ponds as part of the PD project development approval process which
approval shall provide for ongoing maintenance requirements and responsibilities upon
the homeowners association or property management company with the City having no
obligation relating thereto, but having the right to enforce such requirement including, but
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not limited to, taking action to ensure functionality and imposing special assessments
relating thereto.
(15). The Property Owner shall give additional consideration for recycling
capacity in addition to compactor capacity for the site at the time of development plan
review.
1 (16). The Property Owner shall install an opaque masonry wall adjacent to the I
west property line of the subject property consistent with the exhibit provided to the
Planning and Zoning Commission at its meeting of January 5, 2018.
(17). 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 "OPTED") 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.
(18). The resolution of all disputes arising from development under The Preserve
of Sanford PD shall be resolved by the Planning and Zoning Commission unless
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otherwise specifically provided by controlling law.
Section 3. Incorporation of map and PD Master Plan for The Preserve of
Sanford 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
Preserve of Sanford 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
I % I I I
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
property's zoning classification shall revert to an un -zoned property status.
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Section 7. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 12th day of February, 2018.
Attest,
-..yn&ia Porter, City Clerk
Approved as to form and legal sufficie
-n L. Colbert, City Attorney
/C-- - /\) - &0
A&A
City * Commission
Sanford, Florida
I-
Jeff Triplett, M
the City of
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Q�ti�SUR�j fi�OMANFLORIDA
CITY COMMISSION MEMORANDUM 18027
FEBRUARY 12, 2018 AGENDA
WS— RM X
Item No. 11 v
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Cynthia Porter, City Clerk
Eileen Hinson, AICP – Devel ment Serv- ager
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Rezone property at 1010 W. Lake Mary Bo evard from AG, Agriculture
and RC -1, Restricted Commercial to PD, Tanned Development a proposed
multiple family/dormitory housing co unity
THIS IS A QUASI-JUDICIAL MATTER AND, AS
OF ALL EX -PARTE COMMUNICATIONS, INVE',
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:
, REQUIRES DISCLOSURE
►TIONS, SITE VISITS AND
Ordinance No. 4435, to rezone 9.79 acres of property from AG, Agriculture and RC -1, Restricted
Commercial to PD, Planned Development for The Preserve of Sanford, a proposed multiple
family/dormitory housing community at 1010 W. Lake Mary Boulevard, is being submitted for
second reading and adoption.
The property owner is PD Land Holdings LLC. The applicant is Charles Hollis of Pennington
Development Group. Mr. Hollis accomplished the Citizens Awareness Participation Plan on
September 13, 2017. On December 21, 2017, an additional letter was forwarded to notify adjacent
owners of the changes made following the first 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.
FISCALISTAFFING STATEMENT:
Based on the Seminole County Property Appraiser 2017 property tax roll, the existing vacant 9.79
acre property to be rezoned has an assessed value of $7,021 and a total tax bill of $133.69.
No additional staffing or City resources are required if the subject property is rezoned.
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BACKGROUND:
The subject property has been given a project address of 1010 W. Lake Mary Boulevard. The site is
located on the north side of West Lake Mary Boulevard between Sterling Pine Street and Art Lane
and totals approximately 9.79 acres. It is currently zoned AG, Agriculture and RC -1, Restricted
Commercial with future land use designations of NC, Neighborhood Commercial and RP, Resource
Protection.
The applicant has submitted a request to rezone the property from AG, Agriculture and RC -1,
Restricted Commercial to PD, Planned Development. The proposed PD Master Plan depicts a
multiple family residential development of approximately 240 multiple occupant units. Each unit
contains a mix of single occupant rooms that are intended for student housing for the nearby,
Seminole State College but may be rented out as a mixed multiple family or a rooming house type
product.
Pursuant the Land Development Regulations (LDR), a Boarding House, Rooming House and
Dormitory facilities fall within the same definition. If fully occupied as dormitory type student
housing, the project contains 476 single occupant rooms. If occupied as a mixed tenancy, the
resident count may vary.
Standard parking for Multiple Family Residential requires two spaces per unit and one guest space
per every four units. Parking for a Boarding House or Dormitory is one space per room plus one
per resident manager. As this is a mixed use, multiple family and dormitory project, the parking is
being configured as follows:
Type of unit
Number of unit type
Parking Spaces per type
Total Parking Spaces
1 Bedroom
76
1
76
2 Bedroom
93
2
186
3 Bedroom
71
2
142
Guest Parking
0.25
60
Total
240 Units/475 Rooms
1
464
The Preliminary rendering on the master plan proposes to provide a total of 476 spaces, which is
equivalent to one space per leasable room or 1.93 spaces per multiple occupant unit.
The total site area is 9.79 acres of which the majority falls within a wetland boundary or a flood
prone area. The PD Master Plan proposes to construct over the entirety of the site. The applicant is
aware of the requirements and has provided preliminary reports relating to the biological
implications and the flood and wetland mitigation requirements. During the Development Plan
review process, the engineering will review flood elevation changes, pre and post flow calculations
and volume, as well as tree and wetland mitigation requirements.
As the entire site is proposed to alter the wetlands into buildable uplands, a non -impacted upland
area will not be available to provide the buffers typically required by Schedule M, Sanford Land
Development Regulations (LDR). The Master Plan proposes to generate a transitional buffer area
that would separate the impacted wetlands from those off site and not part of the development. This
will minimize the need to impact more wetlands to create additional buffer.
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The floodplain and wetlands on this site are connected to other floodplain/wetland areas south of
Lake Mary Blvd and north of the project. Severing this connection could impact offsite wetlands as
well as increase flood elevations in nearby areas. Reduction of these impacts will be considered
during the engineering review process. The final number of units within the development will
depend on verification that the wetlands can be mitigated appropriately and buffers provided
accordingly.
It is important to note, that the protection of the conservation areas is critical for habitat preservation
and floodplain management and is an important element in maintaining the City's rating in the
Federal Emergency Management Agency Community Rating System.
Creation of the Preserve at Sanford PD supports the Redevelop and Revitalize Disadvantaged
Communities strategic priority. The property is vacant and the applicant is proposing a multiple
family/dormitory housing community to support the growing needs of the nearby college and
surrounding services.
The multiple family project is proposed to deviate from the Schedule E Design standards, Section
16.0, Multiple Family Housing Design Guidelines. The applicant has provided a letter of
explanation stating the deviations requested and noted the reductions on the PD Master Plan.
On January 4, 2017, the Planning and Zoning Commission recommended the City Commission
adopt an ordinance to rezone 9.79 acres at 1010 W. Lake Mary Boulevard from AG, Agriculture
and RC -1, Restricted Commercial to PD, Planned Development subject to a Development Order
with the conditions recommended by staff:
1. Pursuant to Section 4.3.G of the Land Development Code of the City of Sanford (Land
Development Regulations), this rezoning shall expire 3 years 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 Preserve of Sanford PD Master Plan, dated.as
received by the City on December 6, 2017; unless otherwise specifically set forth any
associated development order; provided, however, that all subsequent development orders
shall be consistent with the provisions of this Ordinance.
3. All multiple family design criteria conducted shall be in accordance with Schedule "E" —
Design Standards, of the City's Land Development Regulations, unless otherwise specifically
designated on the Preserve of Sanford PD Master Plan or as noted in the Letter of Justification
included with the submittal.
4. If all appropriate regulatory measures are met and all or part of the site is mitigated to allow
for construction, the applicant shall be required to submit for a Future Land Use amendment
to remove the Resource Protection designation from those areas no longer deemed
conservation or resource protection area. Said amendment shall be submitted, including all
required state and local supporting documentation to provide the necessary justification for
the change prior to any certificates of occupancy being issued for the use of the building.
5. The PD project shall meet all the requirements of Schedule "U" — Lake Mary Boulevard
Gateway Corridor Overlay District, of the City's Land Development Regulations, where
appropriate.
6. There shall be no building permits issued for vertical construction (residences nor community
amenities) until all site improvements are completed and all water lines are approved by the
Florida Department of Environmental Protection; provided, however, that the provisions of
Section 166.033, Florida Statutes, shall be adhered to.
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7. A comprehensive signage program meeting the standards of the sign regulations as set forth
in the City's Land Development Regulations is required.
8. The final design and location of all driveways and access points shall be determined by City
staff during the development plan review process.
9. Unless otherwise specified on the Preserve of Sanford PD Master Plan, all development shall
comply with setback and buffer requirements set forth in Schedule "J", Landscape, Buffer and
Tree Requirements, of the City's Land Development Regulations. This shall include any
requirements relating to tree mitigation being met prior to development of the site.
10. Any development within a flood prone area or wetland shall comply with the applicable City,
State and Federal regulations and land use restrictions including Schedule "M", however, that
the provisions of Section 166.033, Florida Statutes, shall be adhered to.
11. Any development on land that is considered environmentally sensitive under controlling law
or delineated as wetlands by an agency, with jurisdiction shall be mitigated as required by
jurisdictional requirements under controlling law; provided, however, that the provisions of
Section 166.033, Florida Statutes, shall be adhered to.
12. As of the date of this report, a "Letter of No Impact" has been received from the Seminole
County School Board, based on the project being strictly Student Housing. As noted in the
letter, "Any reconfiguration that would change the nature and/or composition of the dwellings
from the submitted plans would void this document and would revert to prior concurrency
restrictions"; therefore, use of the property as a mixed multiple family product and not just a
dormitory would require resubmittal to the school board for reassessment of school
concurrency including the submittal of the required School Impact Analysis and School
Capacity Availability Letter.
13. If any subdivision is proposed, a preliminary subdivision plan and subdivision improvement
plan shall be submitted and subject to approval by the City with all construction activity being
subject to approval by the City, with a subsequent subdivision plat being reviewed, approved
and recorded, in accordance with the provisions of Chapter 177, Florida Statutes, prior to the
issuance of any certificates of occupancy.
14. The Property Ownershall install a decorative and functional fountain in all wet retention, ponds
as part of the PD project development approval process which approval shall provide for
ongoing maintenance requirements and responsibilities upon the homeowners association or
property management company with the City having no obligation relating thereto, but having
the right to enforce such requirement including, but not limited to, taking action to ensure
functionality and imposing special assessments relating thereto.
15. 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
City's Land Development Regulations.
16. The resolution of all disputes arising from development under the Preserve of Sanford PD
shall be resolved by the Planning and Zoning Commission unless otherwise specifically
provided by controlling law.
Page 4 of 8
In addition, the Commission added the following two conditions:
1. Applicant shall give additional consideration for recycling capacity in addition to compactor capacity
for the site at the time of Development PIan Review.
2. Applicant shall install an opaque masonry wall adjacent to the west property line consistent with the
exhibit provided to the Planning and Zoning Commission at the meeting on January 5, 2018.
The City Commission approved the first reading of Ordinance No. 4435 on January 22, 2018.
The City Clerk published notice of the public hearing in the Sanford Herald on January 21, 2018.
LEGAL REVIEW:
The City Attorney reviewed the staff report'and 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
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
Page 5 of 8
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 [of] 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:
The Planning and Zoning Commission, along with staff recommend that the City Commission
approve the first reading of Ordinance No. 4435 to rezone 9.79 acres at 1010 W. Lake Mary
Boulevard from AG, Agriculture and RC -1, Restricted Commercial to PD, Planned Development
subject to a Development Order with the conditions as recommended
1. Pursuant to Section 4.3.G of the Land Development Code of the City of Sanford (Land
Development Regulations), this rezoning shall expire 3 years 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 Preserve of Sanford PD Master Plan, dated as
received by the City on December 6, 2017, unless otherwise specifically set forth any
associated development order; provided, however, that all subsequent development orders
shall be consistent with the provisions of this Ordinance.
3. All multiple family design criteria conducted shall be in accordance with Schedule "E" —
Design Standards, of the City's Land Development Regulations, unless otherwise specifically
designated on the Preserve of Sanford PD Master Plan or as noted in the Letter of Justification
included with the submittal.
4. If all appropriate regulatory measures are met and all or part of the site is mitigated to allow
for construction, the applicant shall be required to submit for a Future Land Use amendment
to remove the Resource Protection designation from those areas no longer deemed
conservation or resource protection area. Said amendment shall be submitted, including all
required state and local supporting documentation to provide the necessary justification for
the change prior to any certificates of occupancy being issued for the use of the building.
5. The PD project shall meet all the requirements of Schedule "U" — Lake Mary Boulevard
Gateway Corridor Overlay District, of the City's Land Development Regulations, where
appropriate.
6. There shall be no building permits issued for vertical construction (residences nor community
amenities) until all site improvements are completed and all water lines are approved by the
Florida Department of Environmental Protection; provided, however, that the provisions of
Section 166.033, Florida Statutes, shall be adhered to.
7. A comprehensive signage program meeting the standards of the sign regulations as set forth
in the City's Land Development Regulations is required.
8. The final design and location of all driveways and access points shall be determined by City
staff during the development plan review process.
9. Unless otherwise specified on the Preserve of Sanford PD Master Plan, all development shall
comply with setback and buffer requirements set forth in Schedule "J", Landscape, Buffer and
Tree Requirements, of the City's Land Development Regulations. This shall include any
requirements relating to tree mitigation being met prior to development of the site.
Page 6 of 8
10. Any development within a flood prone area or wetland shall comply with the applicable City,
State and Federal regulations and land use restrictions including Schedule "M", however, that
the provisions of Section 166.033, Florida Statutes, shall be adhered to.
11. Any development on land that is considered environmentally sensitive under controlling law
or delineated as wetlands by an agency with jurisdiction shall be mitigated as required by
jurisdictional requirements under controlling law; provided, however, that the provisions of
Section 166.033, Florida Statutes, shall be adhered to.
12. As of the date of this report, a "Letter of No Impact" has been received from the Seminole
County School Board, based on the project being strictly Student Housing. As noted in the
letter, "Any reconfiguration that would change the nature and/or composition of the dwellings
from the submitted plans would void this document and would revert to prior concurrency
restrictions"; therefore, use of the property as a mixed multiple family product and not just a
dormitory would require, resubmittal to the school board for reassessment of school,
concurrency including the submittal of the required School Impact Analysis and School
Capacity Availability Letter.
13. If any subdivision is proposed, a preliminary subdivision plan and subdivision improvement
plan shall be submitted and subject to approval by the City with all construction activity being
subject to approval by the City, with a subsequent subdivision plat being reviewed, approved
and recorded, in accordance with the provisions of Chapter 177, Florida Statutes, prior to the
issuance of any certificates of occupancy.
14. The Property Owner shall install a decorative and functional fountain in all wet retention ponds
as part of the PD project development approval process which approval shall provide for
ongoing maintenance requirements and responsibilities upon the homeowners association or
property management company with the City having no obligation relating thereto, but having
the right to enforce such requirement including, but not limited to, taking action to ensure
functionality and imposing special assessments relating thereto.
15. Applicant shall give additional consideration for recycling capacity in addition to compactor
capacity for the site at the time of Development Plan Review.
16. Applicant shall install an opaque masonry wall adjacent to the west property line consistent
with the exhibit provided to the Planning and Zoning Commission at the meeting on January
5, 2018.
17. 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
City's Land Development Regulations.
18. The resolution of all disputes arising from development under the Preserve of Sanford PD
shall be resolved by the Planning and Zoning Commission unless otherwise specifically
provided by controlling law.
Page 7 of 8
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4435, to Rezone 9.79 acres at 1010 W. Lake Mary Boulevard from
AG, Agriculture and RC -1, Restricted Commercial, to establish the Preserve of Sanford PD, a
proposed multiple family/dormitory housing community, at 1010 W. Lake Mary Boulevard, subject
to a Development Order that includes all recommended conditions."
Attachments: Project Information Sheet
Site Vicinity/Aerial Map
Affidavit of Ownership
Letter of Justification (December 6, 2017)
CAPP Summary (September 13, 2017)/Follow up CAPP letter
BioTech Environmental Assessment Report (July 15, 2017)
Wetland Survey
The Preserves at Seminole State PD Master Plan (December 21, 2017)
Preliminary Architectural Elevations
Buffer/Wall/Line of Signe Exhibit Presented to P&Z on January 4, 2018
Draft Ordinance No. 443 5
Page 8 of 8
Requested Action:
Proposed Use:
Project Address:
Current Zoning:
Proposed Zoning:
Tax Parcel Number:
Legal Description:
Site Area:
Property Owner:
PROJECT INFORMATION — PD REZONE
101 Q W. LAKE MARY BOULEVARD
Rezone property from AG, Agriculture and RC -1, Restricted Commercial to The Preserve of
Sanford PD, a proposed multiple family/dormitory housing community
240 Dormitory Style Units
475 Total Individual Rooms (proposed one occupant per room)
1010 W. Lake Mary Blvd.
AG, Agriculture and RC -1, Restricted Commercial
PD, Planned Development (The Preserve of Sanford PD)
10-20-3 0-3 00-020A-0000
SEC 10 TWP 20S RGE 30E N 818.35 FT OF
S 893.35 FT OF W 532.29 FT OF GOVT LOT 3 (LESS RD ON S)
9.79 acres
PD Land Holdings LLC
6959 Starpoint Ct. Suite J
Winter Park, FL 32792
Applic4nt/Agent: Charles Hollis, Manager
Pennington Development Group
6959 Starpoint Ct. Suite J
Winter Park, FL 32792
Phone: (386) 303-4466
Email: ch@penninZondevelopment.com
CAPP Meeting: The applicant held a Citizen Awareness Participation Plan meeting on Wednesday,
September 13, 2017. A summary of the CAPP meeting is attached. A revised CAPP meeting
letter with an updated design was sent out on December 21, 2017 for any further comment.
Commission District 3 — Commissioner Patrick Austin
District:
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: NC, Neighborhood Commercial and RP, Resource Protection
Existing Land Use: Vacant
Surrounding Uses and Zoning:
T:\DevelopmentReview\03-LandDevelopment\2017\1010 W. Lake Mary Boulevard\CC Project Info Sht -1010 W Lake Mary Blvd - PDRZ - Final.docx Page I of 2
Zoninl?
North Seminole County
South AG, Seminole County
East Seminole County, AG, RC -1
West AG, PD (Multiple Family)
CONCURRENCY
Use
Single Family Residential
Vacant (Seminole State College), Stormwater Pond
Single Family Residential, Mixed Use, Commercial
Planned Development (Multi -Family — Townhomes)
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: The project shall comply to and be engineered to the adopted 25 Year, 24 Hour
LOS/Storm Event. Note, the Land Development Regulations allows the Administrative
Oficial to increase the design frequency standard if deemed necessary.
Roadways: Proposed Estimated Daily Trips — Based on "Low Rise Apartment" — 240 Dwelling Units
AM Peak Hour = 111 Trips
PM Peak Hour = 139 Trips
Daily Total = 1,583 Trips
Water: Water services will be provided by the City of Sanford. Although water capacity exists, water
lines would need to be extended to the property for service at the expense of the owner.
Potable Water =144 Gal/Capita/Dayx 476Units = 68,544 Gal/Day
Sewer: Sewer services will be provided by the City of Sanford. Although sewer capacity exists,
sewer lines would need to be extended to the property for service at the expense of the owner.
Sanitary Sewer =132 Gal/Capita/Day x 476 Units = 62,832 Gal/Day
Solid Waste: Solid waste services will be provided by the City,of Sanford.
Solid Waste = 2.46 Lbs/Capita/Day x 476 Units T 1,171 LbslDay
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