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4441 Rezone Towns at White Cedar PDRoad and south of State Road 46 (West 1st Street); and Whereas, the City Commission enacted Ordinance 2017-4426 on December 11, 2017 annexing the PD property into the City; and Whereas, the PD property is currently assigned the AG, Agriculture zoning classification/district under the Land Development Regulations/Land Development Code (LDRs) of the City and is assigned the WIC, Westside Industry and Commerce, future land use designation under the City's Comprehensive Plan; and Whereas, the Property Owners of the PD property are Joseph E. Andrews, J. 21, Ordinance No. 2018-4441 V0 f An ordinance of the City of Sanford, Florida relating to The Towns at -l-, D -D White Cedar Planned Development (PD) and approving a PD master plan; providing for the rezoning of real property located at 200 South White Cedar Road (includes 250 South White Cedar and 300 South lu 115 White Cedar) and assigned Tax Parcel Identification Numbers 28-19-30-506-0000-0170, 28-19-30-506-0000-017A and 28-19-30-506-0000-0320 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 x:`E' located at 200 South White Cedar Road (includes 250 South White Cedar and 300 South White Cedar as a Planned Development (PD) zoning classification/district being named ::T -f C,71 The Towns at White Cedar PD; and ;yj Whereas, the PD master plan relates to 19.26 acres of real, property proposed for a development which will consist of 155 townhome units; and Whereas, the PD property is located on the west side of South White Cedar Road and south of State Road 46 (West 1st Street); and Whereas, the City Commission enacted Ordinance 2017-4426 on December 11, 2017 annexing the PD property into the City; and Whereas, the PD property is currently assigned the AG, Agriculture zoning classification/district under the Land Development Regulations/Land Development Code (LDRs) of the City and is assigned the WIC, Westside Industry and Commerce, future land use designation under the City's Comprehensive Plan; and Whereas, the Property Owners of the PD property are Joseph E. Andrews, J. E. Andrews and Jeannette Andrews, and William L. Jones and Deloris J. Pickens; and Whereas, the applicant for the PD approval is Daniel Kaiser, Vice President of Land, M.I. Homes of Orlando, LLC of Lake Mary; 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 October 5, 2017 all of which was accomplished by the applicant; 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 February 1, 2018 the Planning and Zoning Commission recommended that the City Commission deny the rezoning request by a vote of 4-3; 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, 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; The Towns at White Cedar 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 zoning classification/district to The Towns at White Cedar 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 Towns at White Cedar 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 Towns at White Cedar PD Master Plan, dated as received by the City on November 28, 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). The Property Owners shall formulate and memorialize with staff a binding document, as approved by the City Attorney, creating a landscaping barrier in the buffers area located between the residential and commercial/industrial uses such action to occur prior to issuance of a certificate of occupancy. (4). An overall sign plan for the subdivision may be approved for the construction phase as part of a comprehensive sign plan as established in Schedule "K", Sign Regulations, of the LDRs. 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. (5). A School Capacity Availability Letter of Determination from the Seminole County School District is required prior to final engineering approval. 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. (6). A dog walk area with waste collection receptacles shall be provided by the Property Owners in a common amenity area. (7). Additional guest parking may be required by City staff, if determined necessary during the subdivision plan review process, in order to prevent on street parking subject to the additional parking not exceeding the thresholds established by the LDRs. (8). All requirements relating to tree mitigation as established in the LDRs shall be met prior to development of the PD property. (9). A decorative and functional fountain shall be installed in all wet retention ponds as part of development approval which approval shall provide for ongoing maintenance requirements and responsibilities upon the appropriate party, but not the City. (10). Unless specifically requested and approved on the Towns at White Cedar PD Master Plan or the associated development agreement, any required elements missing from or not shown on the PD Master Plan shall otherwise comply with LDRs. (11). Development plans including, but not limited to, final platting shall note and stipulate that the subject property is located in the Westside Industry and Commerce District (WIC) under the City's Comprehensive Plan and LDRs which allow commercial and industrial uses. Commercial and industrial uses may be developed in close proximity to the PD property subject to then existing land development regulations of the City. To this end, the sales documents, declarations of covenants conditions and restrictions and instruments of conveyance relative to the PD property shall disclose this status and the likelihood of resulting noise from such proximate land uses. (12). The Property Owners shall dedicate necessary right-of-way to accommodate a sidewalk connection to the Hatteras Apartments northward to State Road 46. (13). The following design elements will be considered during the development plan review: (a).' Site improvements occurring, on the OD 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. (14). The resolution of all disputes arising from development under The Towns at White Cedar 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 The Towns at White Cedar PD. I , 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 Towns at White Cedar 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 12th day of March, 2018. A Attest: / 6 UA nej Iry Traci Houchin, City Clerk Approved as to form and legal s am L. Colbert, City Attorr" r �OAI A of the City of 8 111 a g u WS RM lei CITY OF Item No. f NANFuRD FLORIDA MARCH 12,2018 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Eileen Hinson, AICP — Development Servi M ger SUBMITTED BY: Norton N'. Bonaparte, Jr., City Manage SUBJECT: PD Rezone for The Towns at White Ce-d4'at 200 S. White Cedar Road THIS IS A QUASI-JUDICIAL MATTER AND, AS SUCH, REQUIRES DISCLOSURE OF ALL EX -PARTE COMMUNICATIONS, INVESTIGATIONS, 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 to rezone 19.26 acres of property at 200 S. White Cedar Road from AG, Agriculture to PD, Planned Development to establish The Towns at White Cedar PD, a 155 unit townhome community has been received. The property owners are Joseph E. Andrews III; Joseph E. Andrews Jr. and Jeanette Andrews; and William L. Jones and Delores J. Pickens. The applicant is Daniel Kaiser, Vice President of MI Homes. The Project Engineer, Chad Moorhead, P.E., Vice President of Madden, Moorhead & Stokes, Inc. was responsible for completing the required CAPP (Citizens Awareness and Participation Plan) meeting. The Affidavit of Ownership and Designation of Agent form is attached and additional information is available in order to ensure that all potential conflicts of interest are capable of being discerned. FISCAL/STAFFING STATEMENT: According to the Property Appraiser's records, two of the subject properties are vacant and the third subject property contains a single family residential structure. Based on the 2017 property tax roll of Seminole County, the three parcels have a combined total assessed value of $549,710. The total tax bill for the three parcels in 2017 was $6,889. The properties were annexed in order to obtain utility services to develop a 155 unit townhome community. No additional staffing is anticipated if the Planned Development is approved. BACKGROUND: The 19.26 acre property is located on the west side of S. White Cedar Road south of SR 46 (W. 1St Street). The City Commission adopted Ordinance 2017-4426 on December 11, 2017, annexing the three properties into the City. The property is currently zoned AG, Agriculture with a WIC, Westside Industry and Commerce Future Land Use Designation. The rezone of the property from AG, Agriculture to PD, Planned Development supports the Redevelop and Revitalize Disadvantaged Communities strategic priority. The applicant is proposing to rezone the property for the purpose of establishing a 155 unit residential townhome community. In addition, the currently vacant property would potentially be assessed the City's residential millage rate and generate additional ad valorem and utility revenues for the City. The "Westside Industry and Commerce" (WIC) area is a mixed use designation intended to promote the development of employment centers in the vicinity of the West SR 46 corridor and the commuter rail station. The corridor's proximity to I-4 as well as SR 417 and the SunRail commuter line provides access to regional markets and a substantial labor force. The WIC designation permits both a vertical and horizontal land use mix of commercial, office, residential with a maximum residential density of 20 dwelling units per acre. The applicant proposes the following deviations from the townhome requirements as noted in the Land Development Regulations (LDR), Schedule E, Section 18.0 (F). Modification of Requirement Proposal 1 Front Setback Code requires 25 foot setback Applicant proposes 22' setback " to allow mods lation between 22' and 25' 2 Townhouse Separation Code requires additional 5' Applicant proposes to maintain over required 20' for every 20' separation for two story story over one townhomes. Only proposing maximum of 6 units per building instead of 8 allowed. 3 Living Space Minimum 1,400 square feet Providing 1,379 square foot required minimum 4 Front Fagade No two abutting townhomes In lieu of varying the front shall have the same fagade fagade, the applicant is seeking to varying the building setback to provide architectural variation The applicant held a CAPP Meeting on Saturday, October 5, 2017. Interested parties in attendance included the broker from the property across the street, an engineer seeking to construct his business on a nearby property and two representatives from a business in Sanford Central Park. The business representatives were concerned that noise created by the businesses they operate will generate concerns of the future residents. The applicant has proposed that the properties bordering along Sanford Central Park have a 15 foot rear yard setback to primary structure, with an additional 10 foot landscape buffer and a 6 foot high vinyl fence to buffer the future residents. In addition, the project is located within the Westside Industry and Commerce Future land use and this and future approvals will include language noting the development permitted around the subdivision. On February 1, 2018, the Planning and Zoning Commission held a public hearing to consider the rezone of the property from AG, Agriculture to PD, Planned Development to establish The Towns at White Cedar PD. Public input was presented relating to incompatibility with the proposed development, more specifically the existing established industrial uses and future occupancy potential that surround the development. Other concerns included traffic, road infrastructure, noise and drainage. Staff recommended that the Planning and Zoning Commission conduct a public hearing to determine if the proposed rezoning from AG, Agriculture to PD, Planned Development for the Towns at White Cedar at 200'S. White Cedar Road is consistent with the goals, objectives and , policies of the City's Comprehensive Plan. The following were provided for consideration as conditions for a recommendation of approval. 1. Pursuant to Section 4.3.G of the Land Development Regulations (LDR) of the City of Sanford, 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 Towns at White Cedar PD Master Plan, dated as received by the City on November 28, 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. The property owner shall formulate and memorialize with staff a document of equal dignity herewith creating a landscaping barrier in the buffers area located between the residential and commercial/industrial uses such action to occur prior to issuance of a certificate of occupancy; provided, however, that any dispute shall be resolved by the Planning and Zoning Commission, aft�r a public hearing, ley' means of a development order relating thereto. 4. An overall sign plan for the subdivision may be approved for the construction phase as part of a Comprehensive Sign Plan as established in Schedule K, Sign Regulations, LDR. 5. A School Capacity Availability Letter of Determination from the Seminole County School District is required prior to final engineering approval. 6. A dog walk area with waste collection receptacles shall be provided by the Property Owner in a common amenity area. 7. Additional guest parking may be required if deemed necessary during the Subdivision Plan review process in order to prevent on street parking subject to the additional parking not exceeding the thresholds established by the LDR. 8. All requirements relating to tree mitigation as established in the City's LDR shall be met prior to development of the site. 9. A decorative and functional fountain shall be installed in all wet retention ponds as part of development approval which approval shall provide for ongoing maintenance requirements and responsibilities upon the appropriate party, but not the City. 10. Unless specifically requested and approved on the Towns at White Cedar PD Master Plan or the associated development order, any required elements missing from or not shown on the PD Master Plan shall otherwise comply with the City's Land Development Regulations. 11. Development Plans including Final Plats shall note and stipulate that the subject property is located in the Westside Industry and Commerce District (WIC) under the City's Comprehensive Plan and Land Development Regulations. This district allows commercial and industrial uses. Commercial and industrial uses may be developed in proximity to the property subject to then existing planning and zoning codes and ordinances and land development regulations of the City of Sanford. 12. The following design elements will be considered during the development plan review process of the individual lots upon subdivision: a. Site improvements 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. 13. Any dispute relative to the aforementioned matters shall be resolved by the Planning and Zoning Commission, after a public hearing, by means of a development order or denial development order relating thereto. A recommendation was made to approve with the conditions as recommended by staff with the addition of the following two conditions: 1. A noise disclosure shall be provided in the deed for each townhome lot specifying that the development is located in a WIC district and subject to potential noise related to industrial uses; and 2. An 8' high buffer wail shall be installed between the residential and industrial uses. The motion failed by a vote of 3 to 4. A second motion was made to Deny the request and the motion carried by a vote of 4 to 3 The City Commission approved the first reading of Ordinance No. 4441 on February 26, 2018. The City Clerk published notice of the public hearing in the Sanford Herald on February 25, 2018. LEGAL REVIEW: The City Attorney has reviewed the staff report and has 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 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 oder" i ' defined as follows aiid, as can be seen, refers to the "granting, denying, or granting with conditions [ofJ 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). REGOMMENDAt'I®N: The Planning and Zoning Commission recommends the City Commission Deny the request to rezone 19.26 acres at 200 S. White Cedar Road from AG, Agriculture to PD, Planned Development for the Towns at White Cedar based on the request not being consistent with the goals, objectives and policies of the City's Comprehensive Plan due to incompatibility of the proposed use with the existing adjacent land uses. If the City Commission determines the request is consistent with the goals, objectives and policies of the City's Comprehensive Plan, the following conditions should be considered for approval: 1. Pursuant to Section 4.3.G of the Land Development Regulations (LDR) of the City of Sanford, 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 Towns at White Cedar PD Master Plan, dated as received by the City on November 28, 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. The property owner shall formulate and memorialize with staff a document of equal dignity herewith creating a landscaping barrier in the buffers area located between the residential and commercial/industrial uses such action to occur prior to issuance of a certificate of occupancy; provided, however, that any dispute shall be resolved by the Planning and Zoning Commission, after a public hearing, by means of a development order relating thereto. 4. An overall sign plan for the subdivision may be approved for the construction phase as part of a Comprehensive Sign Plan as established in Schedule K, Sign Regulations, LDR. 5. A School Capacity Availability Letter of Determination from the Seminole County School District is required prior to final engineering approval. 6. A dog walk area with waste collection receptacles shall be provided by the Property Owner in a common amenity area. 7. 'Additional guest parking may be required if deemed necessary during the Subdivision Plan review process in order to prevent on street parking subject to the additional parking not exceeding the thresholds established by the LDR. 8. All requirements relating to tree mitigation as established in the City's LDR shall be met prior to development of the site. 9. A decorative and functional fountain shall be installed in all wet retention ponds as part of development approval which approval shall provide for ongoing maintenance requirements and responsibilities upon the appropriate party, but not the City. 10. Unless specifically requested and approved on the Towns at White Cedar PD Master Plan or the associated development order, any required elements missing from or not shown on the PD Master Plan shall otherwise comply with the City's Land Development Regulations. 11. Development Plans including Final Plats shall note and stipulate that the subject property is located in the Westside Industry and Commerce District (WIC) under the City's Comprehensive Plan and Land Development Regulations. This district allows commercial and industrial uses. Commercial and industrial uses may be developed in proximity to the property subject to then existing planning and zoning codes and ordinances and land development regulations of the City of Sanford. 12. The following 'design elements will be considered during'the development plan' review process of the individual lots upon subdivision: a. Site improvements 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. 13. Any dispute relative to the aforementioned matters shall be resolved by the Planning and Zoning Commission, after a public hearing, by means of a development order or denial development order relating thereto. Additional comments or recommendations may be presented by staff at the meeting. "I move to (approve or deny) the first reading of Ordinance No. 4441, to rezone 19.26 acres of property with a project address of 200 S. White Cedar Road from AG, Agriculture to PD, Planned Development for the Towns at White Cedar PD, subject to a Development Order containing the conditions as recommended by staff. Attachments: Project Information Sheet Site Vicinity Map Aerial Map Applicant's Affidavits of Ownership and Designation of Agent (3) CAPP Meeting Report dated October 11, 2017 PD variations from Schedule E — Multiple Family Design Guidelines PD Master Plan received November 15, 2017 Ordinance No. 4441 TADevelopment Review\03-Land Development\2017\200 S White Cedar Road -PD Rezone\City Commission\CC Memo - 200 S White Cedar.docx Requested Action: Proposed Use: Project Address: Current Zoning: Current Land Use Legal Description: Tax Parcel Numbers Site Area: Property Owners: 1PROJECT INFORMATION ROAD REZONEPD PD Rezone PD, Planned Development 200 S. White Cedar Road (includes 250 S. White Cedar and 300 S. White Cedar) AG, Agriculture Vacant All of Lots 17 and 32 and that portion of the unnamed and unimproved 30 foot Right -of -Way lying south of Lot 17 and North of Lot 32, MM Smiths 3rd Subdivision, PB 1 PG 86 28-19-30-506-0000-0170, 28-19-30-506-0000-017A, 28-19-30-506-0000-0320 19.26 acres Joseph Andrews 200 S. White Cedar Road Sanford, FL 32771 JE & Jeannette Andrews Jr. 250 S. White Cedar Road Sanford, FL 32771 Williams & Deloris Pickens 300 S. White Cedar Road Sanford, FL 32771 Applicant/Agent: Daniel Kaiser, VP of Land M.I. Homes of Orlando, LLC. 400 International Parkway, Suite 470 Lake Mary, FL 32746 Phone: 407-531-5100 Email: dkaiser@mihomes.com mihomes.com CAPP Meeting: The applicant held a Citizen Awareness Participation Plan meeting on Thursday October 5, 2017. A summary of the CAPP meeting and follow up information is attached. Commission District: District 2 — Commissioner Velma Williams 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: WIC, Westside Industrial Commerce Existing Land Use: Vacant & RESSF, Residential Single Family Surrounding Uses and Zoning: Zoning North Seminole County (A-1) South RI -1, Restricted Industrial East Seminole County (A-1), PD West GC -2, General Commercial R.1-1, Restricted Industrial Use Vacant (Residential and Commercial) Sanford Central Park Vacant residential/commercial, Hatteras Sound Northstar Business Park, Sanford Central Park 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 Official to increase the design frequency standard if deemed necessary. Roadways: Proposed Estimated Daily Trips —155 Townhome Dwelling Units AM Peak Hour = 73 Trips PM Peak Hour = 87 Trips Daily Total = 1,132 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/Day x 155 Units = 22,320 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., t Sanitary Sewer =132 Gal/Capita/Day x 155 Units = 20, 460'Gal/Day Solid Waste: Solid waste services will be provided by the City of Sanford. Solid Waste = 2.46 Lbs/Capita/Day x 155 Units = 381.1 Lbs/Day The City's Utility Department tracks water and wastewater capacities for all projects once a Florida Department of Environmental Protection (FDEP) permit has been obtained. The available capacity for a proposed project is verified but will not be reserved until a FDEP permit is obtained. Below is a breakdown provided by the City of Sanford Utility Department for current usage within the City: Potable Water Recorded 3 -month Average daily, flow: Recorded 12 -month Average daily flow: 7.504 MGD Projects with FDEP permits (not in 0.806 MGD service): * Based on the LOS Standards per the City's Comprehensive Plan ** As provided by the City of Sanford's Utility Department. (CUP — Consumptive Use Permit) TADevelopment Reviewl03-1and DevelopmentV017T200 S. White Cedar RoadTroject Info -200 S. White Cedar Road -PD Rezone.doc Sanitary Sewer 6.73 MGD 0.624 MGD EMIM 5 A Site 200 S. White Cedar Road Parcel No: 28-19-30-506-0000-0170 28-19-30-506-0000-017A 28-19-30-506-0000-0320 impFIE1111 1111111 Hatteras Sound AG Apartments am Truck Driver Institute Waste Pro Rul AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT 877— Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below: 1. Ownership 1, Joseph E. Andrews, III hereby attest to ownership of the property described below: Tax Parcel Number(s)- 28-19-30-506-0000-0170 Address of Property: 200 S. White Cedar Road for which this Annexation and PD Rezone application is submitted to the City of Sanford. It. Designation of Applicanift Agent (leave blank if not applicable) As the owner/applicant of the above designated property for which this affidavit is submitted, I designate the below named individual as my agent in all matters pertaining to the application process. In authorizing the agent named below to represent me, or my company, I attest that the application is made in good faith and that all information contained in the application is accurate and complete to the best of my personal knowledge. Applicant's Agent (Print): Daniel Kaiser, VP of Land Signature: Agent Address: M.I. Homes Of Orlando LLC, 400 International parkway, Suite 470, Lake Mary, FL 32746 Email: dkaiser@mihomes.com Phone: 407-531-5100 Fax-, 111. Notice to Owner A. All changes in Ownership arid/or Applicant's Agent prior to final action of the City shall require a new affidavit. If ownership changes, the new owner assumes all obligations related to the filing application process. B. If the Owner intends for the authority of the Applicant's Agent to be. limited in any manner, please indicate the limitations(s) below. (i.e.: limited to obtaining a certificate of concurrency, limited to obtaining a land use compliance cerlificate,etc.) I I I i I The owner of the real property associated with this application or procurement activity is a (check one) a Individual o Corporation o Land Trust o Partnership o Limited Liability Company o Other (describe): 1. List all natural pgmons who have an ownership interest in the property, which is the subject matter of this petition, by name and address. 2. For each c2MRration list the name, address, and title of each officer, the name and address of each director of the corporation, and the name and address of each shareholder who owns two percent (2%) or more of thestock of the corporation. Shareholders need not be disclosed if a corporation's stock are traded publicly on any national stock 4kchatigp. 3. In the case of a trust, list the name and address of each trustee and the name and address of the beneficiaries of the trust and the percentage of interest of each beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the information required in paragraph 2 above_ Marneof Trust: 4. For partnerships, including limited partnerships, list the name and address of each principal in the partnership, including general or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above. 1 5. For each limited ligbilft c!RWpgny, list the name, address, and title of each manager or managing member; and the name and address of each additional member with two percent (2%) or more membership interest, If any member with two percent (2%) or more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information required in paragraphs 2, 3 and/or 4 above. Name of LLC: 6, In the circumstances of a contract for purchase, list the name and address of each contract purchaser, If the purchaser is a corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and/or 5 above. Name of Purchaser: Date of Contract: NAME TITLEIOFFICEITRUSTEE ADDRESS % OF OR BENEFICIARY INTEREST (Use additional shoots for more space,) 7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shall be disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains. 8. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all'teasonable inquiry. I understand that any failure'to make mandated disclosu'res is grounds for the subj6ct rezone, future land use 'amendment special exception, or variance involved with this Application to become void or for the submission for a procurement activity to be non- responsive. I certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures herein. i. - STATE OF FLORIDA COUNTYOF,, i . g Sworn to (or affirmed) and subscribed before me by on this 4,C ) day of 20 A N Signature of Notary Public Personally Known. OR Produced Identification Type of Identification Produced Affidavit of Ownership - January 2015 Wer, Agent, Applicant Signature idseph E. Andrews, III F_ 4) C", Print, Type or Stamp Name of Notary 2 AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below: 1. Ownership , William L. & Deloris J. Pickens hereby attest to ownership of the property described below: Tax Parcel Number(s): 28-19-30-506-0000-0320 Address of Property. 300 S. White Cedar Road for which this Annexation and PD Rezone application is submitted to the City of Sanford. II. Designation of Applicant's Agent (leave blank if not applicable) As the owner/applicant of the above designated property for which this affidavit is submitted, I designate the below named individual as my agent in all matters pertaining to the application process. In authorizing the agent named below to represent me, or my company, I attest that the application is made in good faith and that all information contained in the application is accurate and complete to the best of my personal knowledge. Applicant's Agent (Print): Daniel Kaiser, VP of Land Signature: -- Agent Address- M-1. Homes Of Oriando, LLC, 400 International Parkway, Suite 470, Lake Mary, FL 32746 Email: dkaiser@mihomes.com Phone: 407-531-5100 Fax: Ill. Notice to Owner A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require anew affidavit. If ownership changes, the new owner assumes all obligations related to the filing application process. B. If the Owner intends for the authority of the Applicants Agent to be limited in any manner, please indicate the limitations(s) below. (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc,) The owner of the real property associated with this application or procurement activity is, a (check one) a Individual o Corporation o Land Trust o Partnership o Limited Liability Company a Other (describe): 1. List all natural MMg!M who have an ownership interest in the property, which is the subject matter of this petition, by name and address. 2. For each S2M. ration, list the name, address, and title of each officer; the name and address of each director of the corporation', and the name and address of each shareholder who owns two percent (2%) or more of the stock of the corporation- Shareholders need not be disclosed if a corporation's stock are traded publicly on any national stock exchange. 3. In the case of a Viilist the name and address of each trustee and the name and address of the beneficiaries of the trust and the percentage of interest of each beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the information required in paragraph 2 above, Name of Trust: 4. For partnerships, including limited partnerships, list the name and address of each principal in the partnership, including general or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above. 5. For each limited liability company, list the name, address, and title of each manager or managing member; and the name and address of each additional member with two percent (2%) or more membership interest, If any member with two percent (2%) or more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information required in paragraphs 2, 3 and/or 4 above. Name of LLC: 6. In the circumstances of a contract for purchase, list the name and address of each contract purchaser, If the purchaser is a corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and/or 5 above. Name of Purchaser: Date of Contract: I I I I I NAME TITLE/OFFICE/TRUSTEE ADDRESS % OR BENEFICIARY INTEREST (Use additional sheets for more space.) 7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shall be disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains, 13. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable, inquiry; I understand that any failure to make mandated disclosures is grounds foe the subject rezone, future land use amendment, special exception, or variance involved with this Application to become void or for the submission for a procurement activity to be, non- responsive. I certify that I am legally authorized to execute this Affidavit and to bind, the Applicant or Vendor to the disclosures herein. Date Own,Agent, Applicant Signature William L. elods J. Pickens STATE OF FLO COUNTY OF �rZ Sworn to (or affirmed) and subscribed before me by on this day of 2(lZ 2_ 'Signature,of Notary Public ANGELA G GALATI My COMMISSION# GGW0145 Print r Stamp Name of tr,iaey Personally Known _ OR Produced Identification "7- - // Type of Identification Produced r4Y2 '717 0 2_141V '_)Zo �Z _7Y�_W a Z' 14,7r,,4Zr Affidavit of Ownership -January 2015 P I I I 1,01RU1 AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT tto2�%t,)4 1877— www.5300001.00Y Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below. 1, Ownership 1, J. E. Andrews, Jr, & Jeannette Andrews hereby attest to ownership of the property described Wow: Tax Parcel Number s): 28-19-30-506-0000-017A Address of - Property: 250 S. White Cedar Road for which this Annexation and PD RezQne application is, submitted to the City of Sanford. 11. Designation of Applicant's Agent (leave blank If not applicable) As the owner/applicant of the above designated property for which this affidavit is submitted, I designate the below named individual as my agent in all matters pertaining to the application process. In authorizing the agent named below to represent me, or my company, I attest that the application is made in good faith and that all information contained in the application is accurate and complete to the best of my personal knowledge, Applicant's Agent (Print): Daniel Kaiser, VP of Land Signature: Agent Address: M.I. Homes Of Orlando LLC, 400 International Parkway, Suite 470, take Mary, FL 32746 Email: dkaiser@mihomes,.com Phone: 407-531-5100 Fax: Ill. Notice to Owner A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require anew affidavit If ownership changes, the new owner assumes all obligations related to the filing application process. & If the Owner intends for the authority of the Applicant's Agent to be limited in any manner, please indicate the limitations(s) below. limited to obtaining a certificate of concurrency; limited, to obtaining a land use compliance certificate, etc.) , The owner of the real property associated with this application or procurement activity is a (check one) a Individual o Corporation o Land Trust o Partnership o Limited Liability Company o Other (describe): 1. List all natural pgrsons who have an ownership interest in the property, which is the subject matter of this petition, by name and address. 2. For each goEpgrgtign list the name, address, and title of each officer-, the name and address of each director of the corporation'. and the name and address of each shareholder who owns two percent (2%) or more of the stock of the corporation. Shareholders need not be disclosed if a corporation's stock are traded publicly on any national stock exchange. 3. In the case of a 1Mt, list the name and address of each trustee and the name and address of the beneficiaries of the trust and the percentage of interest of each beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the information required in paragraph 2 above. Name of Trust: 4. For Partnerships, including limited partnerships, list the name and address of each principal in the partnership, including general or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above. 5. For each limited Ilabili!y company, list the name, address, and title of each manager or managing member; and the name and address of each additional member with two percent (2%) or more membership interest. If any member with two percent (2%) or more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information required in paragraphs 2, 3 and/or 4 above, Name of LLC: 6, In the Circumstances of a contract for purchase, list the name and address of each contract purchaser. If the purchaser is a corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and/or 5 above. Name of Purchaser: Date of Contract: NAME TITLE/OFFICE/TRUSTEE ADDRESS %a OF OR BENEFICIARY INTEREST (Use additional sheets for more space.) 7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document-, shall be, disclosed in writing to the City prior to any action being taken by the City, as to the matter relative to which this document pertains, 8. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. I understand that any failure to make mandated disclosures is grbunds for the subject rezonb, future land use amendm6nt, special exception, or variance involved with this Application to become void or for the submission for a procurement activity to be non- responsive. I certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures, herein. �0 /Z' t? � I '/ , Date - STATE OF FLOR COUNTY OF /70 Sworn to (or affirmed) and subscribed before me by on this 0,11eF day of /79 Signature of Notary Public Personally Known _ OR Produced entification Type of Identification Produced 7 Affidavit of Ownership -January 2015 Print, Type or re 'Andrews ANGELA 0 GAIATI My COMMISSION# GG000145 EXPIRES SaPUMber 07, 2020 2 0 9 MOORHEAD & STOKES, INC.! To: Eileen Hinson, AICP Development Services Manager City of Sanford EILEEN.HINSON(a)-Sanfordfl.gov From: Chadwyck H. Moorhead, P.E. Vice President Madden, Moorhead & Stokes, Inc. Chad(a)-madden-eng.com 407-629-8330 RE: COMMUNITY MEETING SUMMARY THE TOWNS AT WHITE CEDAR PARCEL IDs: 28-19-30-506-0000-0170, 28-19-30-506-0000-017A & 28-19-30-506-0000-0320 On Thursday, October 5, 2017 a community meeting was held regarding The Towns at White Cedar at the Sanford Chamber of Commerce. The majority of the people in attendance were the current owners of the, properties, as well as: 1. David Brown with MI Homes and Chad Moorhead with Madden Moorhead and Stokes, Inc. 2. Engineer who is planning on building his office across the street: He did not represent that he had any objections. 3. Jason Toll with Realvest: He wants to sell MI Homes the property directly across the street to expand the project. He stated that the parcels he is brokering have an Industrial zoning approved. 4. Two representatives from Danton Hydroblasting, an adjacent Light Industrial company to the west, that hydroblasts striping off of roadways. They stated that they were in objection to the project because of concerns with the noise that their business makes. We reviewed the site plan and discussed perimeter treatments. The only objection or comment was from the adjacent industrial guys. They are concerned that our future residents will complain about noise. Dave Brown with MI Homes stated we'll take that into consideration. The current residents stated that they seldom heard any noises from the adjacent industrial properties. The CAPP meeting was adjourned at approximately 7:00 pm. If you have any questions, please feel free to contact me at 407-629-8330. 431 E. Horatio Avenue ® Suite 260 ■ Maitland, FL 32751 ■ 407-629-8330 ■ FAX 407-629-8336 9 �s � Ypxp1! 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A waiver is requested from LDR, Schedule E, Section 18.0 (F) to allow a townhouse group minimum separation of 20' for two story structures from the LDR required 25' townhouse group separation for two story structures. The proposed townhouse unit maximum building height of 35' (two stories) is comparable to the relationship between larger single-family zonings with the same max. building height, which require building side yard setbacks of 10', but no increased separation for the addition of each story. In addition, each internal townhouse unit will be separated with a shared fire wall rated to meet all applicable building codes and requirements. The proposed townhouse end units between structures (within the 20' building separation area) will be accessed utilizing a shared walkway with hedge planting to enforce the individual unit's access while providing privacy and further enhancing common areas throughout the community. In conclusion, LDR allows for townhouse groupings of up to 8 units per building to achieve the maximum allowed density. The Towns at White Cedar proposes townhouse groupings of 4, 5, and 6 unit buildings due to the undesirable appeal of 8 unit buildings to potential buyers/residents. In providing fewer unit buildings, additional building separation situations are created and achievable densities are lowered. The proposed waiver would allow for the construction of 4, 5, and 6 unit buildings to meet current market conditions while efficiently utilizing the lands buildable space to maximize the necessary densities need to ensure a viable project for the developer. Minimal 1400 sf living space: We provide 1379sf as a minimum. The 1379 sf is 1.5,6/o deviation from standard. We feel that the market is driving small units to reflect the minimalist lifestyles of our clients. 4. No more than 2 abutting units can have the same front setback and front load garages per Schedule E: Our product varies the front of the building to provide architectural variation. Waiver 1 is a request from Schedule E to allow a 3' reduction to the LDR required front building setback of 25' to 22'. 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