4468 Wyndham Preserve/Pine Way PDOrdinance No. 2018-4468
An ordinance of the City of Sanford, Florida relating to the Wyndham
Preserve/Pine Way Planned Development (PD) and approving a PD
master plan; providing for the rezoning of real property located at
2830 Pine Way and assigned Tax Parcel Identification Number
17-20-31-300-00113-0000 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 2830 Pine Way as a Planned Development (PD) zoning classification/district
being named the Wyndham Preserve/Pine Way PD; and
Whereas, the Wyndham Preserve/Pine Way PD master plan relates to 9.76
acres of real property proposed for a 35 lot single family residential development; and
Whereas, the Wyndham Preserve/Pine Way PD property is located on the
north side of Pine Way just east of the existing Wyndham Preserve Subdivision (formerly
known as the Brisson East subdivision) and west of Sipes Avenue and is located within
Planning Sub -Area 4 of the 2015 Seminole County/City of Sanford Joint Planning
Agreement (JPA) and Sub -Area 4 establishes an east -west alignment with Eaglewoods
Trail as the dividing line for residential density with properties located to the north of this
line developing at a maximum of 3.5 units per net buildable acre and properties lying
south of the line and north of Pine Way developing at a maximum of 2.5 units per net
buildable acre; and
Whereas, the Wyndham Preserve/Pine Way PD property is located at 2830
Pine Way is located south of Eaglewoods Trail and north of Pine Way and, therefore, is
noted to develop at a maximum of 2.5 dwelling units per net buildable acre while the
applicant is proposing a maximum density of 3.6 dwelling units per acre in an attempt to
be more consistent with the Wyndham Preserve Subdivision community currently under
construction to the west; and
Whereas, the Wyndham Preserve Subdivision was approved at 4.1 dwelling
units per acre prior to the adoption of the JPA and the proposed increase results in a
density yield which is a total of 11 lots more than the maximum stated to be allowed for
the Wyndham Preserve/Pine Way PD project by the JPA; and
Whereas, the Wyndham Preserve/Pine Way PD property is currently assigned
the AG, Agriculture zoning classification/district under the Land Development
RegulationslLand 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 Owner of the Wyndham Preserve/Pine Way PD
property is Brisson Investments LLC whose managing members are Sadique Jaffer, Ashu
Luthra and Rob Zlatkiss; and
Whereas, the applicant for the Wyndham Preserve/Pine Way PD approval is
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 April 13, 2017 all of which was accomplished by Kim Fischer, P.E.; and
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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 denial of the rezoning request by a vote of 3-2 with 2 members absent;
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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 Wyndham Preserve/Pine Way 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.
3i:� tas:
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 property/implementing actions; the Wyndham
Preserve/Pine Way 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 Wyndham Preserve/Pine Way 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
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regard to the Wyndham Preserve/Pine Way 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 Wyndham Preserve/Pine Way
PD Master Plan, dated as received by the City on May 21, 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 Wyndham
Preserve/Pine Way 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). Open space for each lot shall be a minimum of 40%.
(5). A perimeter fence with columns along the pond with a solid wall behind and
adjacent to the 75' lots along the south, meeting the design of the adjacent Wyndham
Preserve Subdivision shall be provided along the length of Pine Way.
(6). 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.
(7). Additional community amenities, which may include park areas, mail kiosk,
swimming pool or cabanas shall be installed by the Property Owner and then owned and
maintained by the homeowners association. This requirement may be achieved by the
Property Owner adding a swimming pool at an adjacent development as agreed to by the
City and at a capacity/size acceptable to the City.
(8). All requirements relating to tree mitigation as established in the LDRs 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). All air conditioning units or other similar appurtenances shall be located in
the rear of each lot.
(11). The Property Owner shall install a minimum sidewalks which are a
minimum 5 feet in width, on both sides of the streets.
(12). A school capacity availability letter of determination letter for the additional
lots shall be required from the Seminole County School District prior to the recording of
the final plat.
(13). By enactment of this Ordinance and execution of the accompanying
non -statutory development agreement, the Property Owner hereby agrees to record an
airport 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 which is approved by the City.
(14). A minimum maintenance berm and buffer shall be provided along and
adjacent to the pond paralleling Pine Way to be determined at the time of engineering by
City staff and after the determination of the required right of way dedication.
(15). The corner lots, which are 70 feet in width, in line with the interior lots, which
are 50 feet in width, shall meet the standards established as part of this approval for lots
which are 70 feet in width.
(16). Any lot located along Pine Way shall be a minimum of 75 feet wide at the
building line.
(17). All lots which have aside yard setback of 7.5 feet or less shall have gutters
installed as part of the home constructed on such lots.
(18). A tot lot shall be constructed within the recreation areas and shall abut the
swimming pool and dog park areas.
(19). An additional 6 trees, as approved by the City, shall be planted and
maintained within the dog park area.
(20). Upon a lot being privately purchased be a person or persons attaining
homestead exemption as to the property, the lot owners of the Wyndham Preserve/Pine
Way PD shall be entitled to a seat on the board of directors of the homeowners
association.
(21). The fill used during the implementation of the development within the
Wyndham Preserve/Pine Way PD shall be of a grade no more than 12% passing the
number 200 slope.
(22). The resolution of all disputes arising from development under the
Wyndham Preserve/Pine Way 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 Wyndham
Preserve/Pine Way 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
Wyndham Preserve/Pine Way 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 Owner, 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.
Attest:
Section 7. Effective Date.
This Ordinance shall take effect upon enactment.
Passed and adopted this 10th day of December, 2018.
City Com ission of the City of
Sanford, Flo\rida
&B IdWU I,0 ViolFOQ�Fa
Traci Houchin, City Clerk O�5 e
Approved as to form and legal suffici ! '�•
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