4466 PD Celery OaksOrdinance No. 2018-4466
An ordinance of the City of Sanford, Florida relating to the Celery
Oaks Planned Development (PD) and approving a PD master plan;
providing for the rezoning of real property located at 1800 Celery
Avenue and assigned Tax Parcel Identification Numbers
30-19-31-526-0000-0170 and 30-19-31-526-0000-0150 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 1800 Celery Avenue as a Planned Development (PD) zoning
classification/district being named the Celery Oaks PD; and
Whereas, the PD master plan relates to 29.5 acres of real property proposed
for a 112 lot single family residential development; and
Whereas, the PD property is located on the north side of Celery Avenue
approximately 390 feet east of Scott Avenue; 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 SE, Suburban Estates, future land use designation
under the City's Comprehensive Plan, but is undergoing a parallel process to amend the;
Comprehensive Plan to have the LDR-SF, Low Density Residential Single Family, future
land use designation assigned to the property, and
Whereas, the Property Owners of the PD property are Tri-State Investment
Group LLC and MacArthur Sholas and Belinda Sholas; and
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Whereas, the applicant for the PD approval Kim Fischer, P.E. of Cycorp
Engineering Inc.; 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 March 13, 2018 all of which was accomplished by Kim Fischer, P.E.; 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 June 7, 2018 the Planning and Zoning Commission
recommended approval of 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
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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 Celery
Oaks 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 Celery Oaks PD zoning classification consistent with the
provisions of this Ordinance.
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(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 Celery Oaks 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 Celery Oaks PD Master Plan,
dated as received by the City on April 5, 2018, 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). Unless specifically requested and approved on the Celery Oaks 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 LDRs.
(4). All lots shall be a minimum of 50 feet in width and 6,000 square feet in area.
(5). All 70 feet wide corner lots shall comply with the established setback
requirements for lots 50 feet in width.
(6). Open space per lot shall be a minimum of 40%.
(7). 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
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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.
(8). Community amenities of no less than 1.24 acres based on the number of
units and proposed residents, which may include parks, mail kiosks, swimming pools,
cabanas and similar features shall be installed by the Property Owners and then owned
and maintained by the homeowners association.
(9). All requirements relating to tree mitigation as established in the LDRs shall
be met prior to development of the site.
(10). A decorative and functional fountain shall be installed by the Property
Owners 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.
(11). All air conditioning units or other similar appurtenances shall be installed in
the rear of each lot.
(12). The Property Owners shall install sidewalks, a minimum of 5 -feet in width,
on both sides of all streets.
(13). A school capacity availability letter of determination letter shall be required
from the Seminole County School District prior to the recording of the final plat.
(14). Access to the development by means of 8th Street is prohibited except
emergency access.
(15). By enactment of this Ordinance and execution of the accompanying
development agreement, the Property Owners hereby agrees to record an airport
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avigation easement, in a form acceptable to the City Attorney, if the City determines that
such easement is required. Additionally, all sales documents, declarations of covenants,
conditions and restrictions and instruments of conveyance including, but not limited to
residential leases, shall disclose the likelihood of resulting noise from proximate aviation
uses in text acceptable to the City.
(16). The Property Owners shall tender a drainage easement of the required
dimensions to the appropriate jurisdiction over the area that has been generally identified
as the "ditch area" which easement, if granted to the City, shall be in a form acceptable to
the City Attorney; provided, however, that the City hereby does not accept any drainage
waters deriving from any public facility of any other jurisdiction.
(17). The Property Owners shall dedicate a conservation easement to the City, in
accordance with the provisions of Section 704.06, Florida Statutes, in a form acceptable
to the City Attorney.
(18). The resolution of all disputes arising from development under the Celery
Oaks PD shall be resolved by the Planning and Zoning Commission unless otherwise
specifically provided by controlling law.
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Section 3. Incorporation of map and PD Master Plan for the Celery Oaks
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
Celery Oaks PD.
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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, or their successor(s) in interest 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 upon enactment and the effective date of
Ordinance Number XXXXX which relates to the amendment of the City's Comprehensive
Plan with regard to the real property which is the subject of this Ordinance.
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Passed and adopted this 24th day of September, 2018.
Attest:
vL, LO Itun to�Rr,-
Traci Houchin, City Clerk
Approved as to form and legal sufficie
illiam L. Colbert, City Attorney
City CommisE
Sanford, Florid
E;
of the City of
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