4444 Rezone Rinehart Greenway Commons PDOrdinance No. 2018-4444
An ordinance of the City of Sanford, Florida relating to Rinehart
Greenway Commons Planned Development (PD) and approving a PD
master plan; providing for the rezoning of real property which is
currently surplus right-of-way under the ownership and jurisdiction of
Florida Department of Transportation which real property is located at
1451 Rinehart Road (not yet assigned a Tax Parcel Identification
Number) said real property being within the City Limits (map of the
subject -property attached);, providing fora 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
(formerly State right-of-way) located at 1451 Rinehart Road as a Planned Development
(PD) zoning classification/district being named Rinehart Greenway Commons PD; and
Whereas, the property is currently surplus right-of-way under the ownership
and
nd jurisdiction of;Florida Florida Department,of'�'Transportation; and':
Whereas, the PD master plan relates to 8.61 acres of real property proposed
for a development which will consist of a mixed use commercial/industrial project; and
Whereas, the PD property is located at the interchange of State Road
417/"Central Florida Greenway" and Rinehart Road (ramp located at the
northeasternmost area of the interchange) which is an area south of Best Buy and east of
Southgate and the Marketplace at Seminole Towne Center; and
Whereas, the City Commission enacted Ordinance Number 2018-4438 on
February 12, 2018 annexing the PD property into the City; and
Whereas, the PD property is located within the State Road 46/Rinehart
Gateway Corridor Overlay district which sets forth specific landscaping and sign criteria
for projects along the Corridor; and
Whereas, the PD property (due to the property not currently being a fee simple
parcel of land and is classified as right-of-way), the PD Property, during the course of the
annexation process, was administratively assigned a zoning of PD, Planned
Development, under the City's Land Development Regulations/Land Development Code
(LDRs) and is assigned the WIC, Westside Industry and Commerce, future land use
designation under the City's Comprehensive Plan which land use designation permits a
vertical and horizontal land use mix of commercial, office and residential (with a
maximum residential density of 20 dwelling units per acre); and
Whereas, the Vv'IC land use designation is a mixed use land use designation
intended to promote the development of employment centers in the vicinity of the West
State Road 46 corridor and the commuter rail station as the corridor is proximate to
Interstate Highway 4 'as well as State Road 417 and the Sun'Rail commuter line which
location provides access to regional markets and a substantial labor force; and
Whereas, the approval of the Rinehart Greenway Commons PD and future
development consistent therewith support the City's Redevelop and Revitalize
Disadvantaged Communities strategic priority; and
Whereas, the Property Owner of the PD property is the Florida Department of
Transportation (FDOT), but is to be owned by Rinehart Partners, LLC; and
Whereas, the applicant for the PD approval is Phillips C. Hollis, P.E., of
Rinehart Partners, LLC; and
Whereas, a Citizen Awareness and Participation Plan (CAPP) meeting the
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requirements of the City was determined to be unnecessary although the applicant has
communicated with nearby stakeholders including Watkins Sanford, LLC (Best Buy),
Seminole County and the FDOT; 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 requir enlents 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 March 1, 2018 the Planning and Zoning Commission
recommended that the City Commission approve the rezoning request; 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.
(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 Owners have 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, oi- 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 pblicies of the
Comprehensive Plan of the City of Sanford.
Section 2. Rezoning of real property/implementing actions; Rinehart
Greenway Commons PD.
(a), Upon enactment of this Ordinance the subject property, as depicted in the
map attached to this Ordinance, and as set forth in the following legal description, shall
be rezoned from the PD, Planned Development, zoning classification/district (although
without a specific plan of development) to the Rinehart Greenway Commons PD zoning
classification consistent with the provisions of this Ordinance:
RECORD LEGAL DESCRIPTION (Prepared by Benchmark Surveying and
Mapping, LLC.):
4 1
A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION
33, TOWNSHIP 19 SOUTH, RANGE 30 EAST, SEMINOLE COUNTY,
FLORIDA, BEING A PORTION OF LOT 1, PINE LAKE GROVES, AS
RECORDED IN PLAT BOOK 9, PAGE 27, PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, AS RECORDED OFFICIAL RECORD
BOOK 4447, PAGE 1085, PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF LOTS 1 AND 2, PINE LAKE GROVES, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 27,
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, LYING IN THE
NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 19 SOUTH, RANGE 30
EAST, AND THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 19
SOUTH, RANGE 30 EAST, AS RECORDED IN OFFICIAL RECORDS
BOOK 1265, PAGE 1570, PUBLIC RECORDS OF SEMINOLE COUNTY,
FLORIDA, LESS THAT PORTION LYING IN RINEHART ROAD (
140 -FOOT RIGHT-OF-WAY), AS SHOWN ON FLORIDA DEPARTMENT
OF TRANSPORTATION RIGHT OF WAY MAP SECTION NO.
77160-2441,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM THE NORTHWEST CORNER OF SAID SECTION 33, TOWNSHIP
19 SOUTH, RANGE 30 EAST, (A 5" CONCP.ETE MONUMENT AS NOW
EXISTS), RUN THENCE NORTH 89°52'39" EAST ALONG THE NORTH
LINE OF SAID SECTION 33 A DISTANCE OF 1318.88 FEET TO A POINT
ON THE EAST LINE OF SAID PINE LAKE GROVES, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 27,
PUBLIC- RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE-
SOUTH
HENCESOUTH `00025'04" WEST ALONG THE EAST LINEt THEREOF 30.00'
FEET TO THE NORTHEAST CORNER OF SAID LOT 1 FOR THE POINT
OF BEGINNING; THENCE CONTINUE ALONG THE EAST LINE OF SAID
LOT 1 SOUTH 00025'04" WEST 487.21 FEET TO A POINT ON THE
NORTHERLY EXISTING LIMITED ACCESS RIGHT OF WAY LINE OF
STATE ROAD 417 (PARCEL 320 PART C) AS SHOWN ON FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION
77160-2441; THENCE NORTH 62°49'00" WEST ALONG SAID RIGHT OF
WAY LINE 450.59 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHERLY, HAVING A RADIUS OF 825.20 FEET, A CENTRAL ANGLE
OF 27010'59" AND A CHORD BEARING OF NORTH 76024'30" WEST;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE AND SAID
RIGHT OF WAY LINE 391.50 FEET FOR THE END OF SAID CURVE;
THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE SOUTH
90000'00" WEST 530.45 FEET TO A POINT ON THE EAST LINE OF SAID
RINEHART ROAD, BEING A POINT ON A CURVE CONCAVE
WESTERLY, HAVING A RADIUS OF 2616.47 FEET, A CENTRAL ANGLE
OF 04006'35" AND A CHORD BEARING OF NORTH 02043'16" EAST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND SAID
EAST LINE OF RINEHART ROAD 187.67 FEET TO A POINT ON THE
NORTH LINE OF SAID LOT 1; THENCE, DEPARTING SAID EAST LINE
OF RINEHART ROAD, NORTH 8905239" EAST ALONG SAID NORTH
LINE OF LOT 1 A DISTANCE OF 1302.90 FEET TO THE POINT OF
BEGINNING. CONTAINING 7.718 ACRES, MORE OR LESS. SUBJECT
TO EASEMENTS OF RECORD. RESERVING UNTO THE GRANTOR
ALL RIGHTS OF INGRESS, EGRESS, LIGHT, AIR AND VIEW ALONG
THE AFOREDESCRIBED NORTHERLY LIMITED ACCESS RIGHT OF
WAY LINE OF STATE ROAD 417 AND THE EAST RIGHT OF WAY LINE
OF,,RINEHART ROAD..,
THE RINEHART COMMONS WESTSIDE INDUSTRY AND COMMERCE
(WIC) PLANNED DEVELOPMENT ANNEXATION PETITION ALSO
INCLUDES:
THAT PORTION OF WILSON AVENUE (30.00 WIDE PUBLIC RIGHT OF
WAY) OF PINE LAKE GROVES, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 9, PAGE 27, PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA, LYING NORTH OF LOT 1 OF PINE
LAKE GROVES, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 9, PAGE 27, PUBLIC RECORDS OF SEMINOLE
COUNTY FL01RIDA AND LYING EAST OF THE EAST RIGHT OF IVA/AY
LINE OF RINEHART ROAD. BEING IN THE NORTHWEST 1/4 OF
SECTION 33, TOWNSHIP 19 SOUTH, RANGE 30 EAST, SEMINOLE
COUNTY, FLORIDA. CONTAINING 0.897 ACRES, MORE OR LESS.
(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 Rinehart Greenway Commons 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 Rinehart Greenway Commons PD
Master Plan, dated as received by the City on February 2, 2018 including, but not limited
to, the general standards as established on the concept plan 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). All land use activities conducted on the PD property shall be in accordance
with Schedule "B" — Permitted uses, of the LDRs for the GC -2, General Commercial,
zoning district. The MR -3, Multiple Family, zoning district noted on the plan shall not
apply. Townhomes and or Multiple Family residential may be established by way of a
conditional use. All activities shall be conducted indoors, including any storage or
assembly.
(4). The Property Owner shall formulate and memorialize with staff a document,
approved by the City Attorney and of equal dignity herewith, creating a landscaping
barrier in'the'buffer areas located between the residential and commercial/industrial uses'
such action to occur prior to issuance of a certificate of occupancy.
(5). An overall comprehensive sign plan shall be established as regulated in
Schedule "K", Sign Regulations, of the LDRs. The signage shown on the Rinehart
Greenway Commons PD Master Plan is conceptual and not approved in conjunction with
this Ordinance. All signage will be reviewed and approved separately.
(6). All requirements relating to tree mitigation as established in the LDRs shall
be met prior to development of the PD property.
(7). A decorative and functional fountain shall be installed in all wet retention
ponds by the Property Owner as part of development approval which approval shall
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provide for ongoing maintenance requirements and responsibilities upon the appropriate
party, as approved by the City, but not the City.
(8). All commercial elements of the development shall be implemented in
accordance with Schedule "G" — Architectural Design Standards, of the LDRs.
(9). Unless specifically approved on the Rinehart Greenway Commons PD
Master Plan, any concept plan or a development order, all required elements missing
from or not shown on the Rinehart Greenway Commons PD Master Plan shall comply
with the LDRs.
(10). The following design elements will be considered during the development
plan review:
N
a) Site improvements occurring or, the PL11 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 hCPTED") guidel'ines.
(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.
(11). The resolution of all disputes arising from development under Rinehart
Greenway Commons PD shall be resolved by the Planning and Zoning Commission
unless otherwise specifically provided by controlling law.
Section 3. Incorporation of map and PD Master Plan for Rinehart
Greenway Commons 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
Rinehart Greenway Commons PD.
Section 4. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 5. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise, determined to be invalid, unlawful, or
unconstitutional.
Section 6. Non -codification; Implementation.
(a). This Ordinance shall be not be codified in the City Code of the City of
Sanford or the 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 Owners 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.
Section 7. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 26th day of March, 2018.
Attest:
Traci Houchin, City Clerk, CMC
Approved as to form and legal su
William L. Colbert, City Attorney
City Commi
of the City of
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