4479 PD Rezone Fl ExtrudersOrdinance No. 2018-4479
An ordinance of the City of Sanford, Florida relating to a Planned
Development (PD) rezoning the Florida Extruders PD totaling 34.26
acres in size and amending the specific uses and development
standards to create the Revised Florida Extruders PD; approving a PD
master plan; providing for the rezoning of real property located at
2305 North Beardall Avenue and assigned Tax Parcel Identification
Number 33-19-31-300-1320-0000 which is located 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 2305 North Beardall Avenue as a Planned Development (PD) zoning
classification/district being named the Revised Florida Extruders PD which results from
revising the existing Florida Extruders PD; and
Whereas, the Revised Florida Extruders PD property is located at the corner of
North Beardall Avenue and East State Road 46 with a project address of 2305 North
Beardall Avenue; and
Whereas, the applicant is proposing to construct up to 176 dwelling units (66
single-family detached homes and 110 town homes) on 27.68 acres at a density of 6.36
dwelling units per net buildable acre while the remaining 5.98 acres along East State
Road 46 are designated for general commercial uses; and
Whereas, the subject property is within Planning Sub -Area 2 of the 2015 City of
Sanford/Seminole County Joint Planning Agreement (JPA) with the general location of
Sub -Area 2 being southwest of Celery Avenue/State Road 415 which Planning Sub Area
has been designated by the County as the Riverbend Planning Area and is presumed to
be more urban character than surrounding properties; and
Whereas, under the JPA, new residential development the subject property
may be considered for a maximum of 10 dwelling units per net buildable acre from State
Road 46 north to a line parallel to Hughey Street, and 4 dwelling units per net buildable
acre from said line parallel to Hughey Street north to Celery Avenue with nonresidential
development being consistent with the maximum floor area ratios as established through
the applicable future land use designation; provide, however, that Individual development
applications are to be evaluated on their own merits through the appropriate processes
and no specific entitlements are conferred under the JPA; and
Whereas, the action taken in this Ordinance is consistent with the JPA in terms
of density as the approved density of 6.36 dwelling units per acre is below the maximum
of 10 dwelling units per net buildable acre under the JPA; and
Whereas, the Property Owner of the property which is the subject of this
Ordinance is HDM Holdings, LLC, a Florida limited liability company, whose managing
member is Hunter Douglas Metals LLC, a Delaware limited liability company, whose
authorized persons are Jason Van Volkenburgh (Assistant Secretary) and Hunter
Douglas Fabrication Company (Member) both of Pearl River, New York; and
Whereas the applicant is Dwight Saathoff of American Land Investments of
Cameron Avenue, LLC , a Florida limited liability company, whose managing member is
American Land Investments Of Central Florida, LLC, whose members are Mr. Saathoff
and Robert Ziatkiss; and
Whereas, a Citizen Awareness and Participation Plan (CAPP) meeting the
adhering to the requirements of the City has been submitted to the City and that meeting
was held on March 28, 2018 with 17 property owners attending none of whom expressed
concern for the proposed development; and
Whereas, the City of Sanford's Planning and Zoning Commission, as the City's
local planning agency, held a public hearing on September 6, 2018 to consider the
rezoning action herein approved and recommended approval of the Revised Florida
Extruders PD for the subject property as requested by the Property Owner; 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 Land Development
Regulations (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;
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, 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 City's LDRs, and the controlling provisions of State law;
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Whereas, the City Commission of the City of Sanford, Florida has taken all
actions relating to the Revised Florida Extruders PD rezoning action set forth herein in
accordance with the requirements and procedures mandated by State law.
Now, therefore, be in enacted by the People of the City of Sanford, Florida.
Section 1. Legislative findings and intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the City staff report and City Commission agenda
memorandum relating to the application relating to the proposed rezoning of the subject
property as well as the recitals (whereas clauses) to this Ordinance.
(b). The approval set forth in this Ordinance is subject to the specific conditions
that are set forth subsequently in this Ordinance and the Property Owner has agreed that
no requirement herein lacks an essential nexus to a legitimate public purpose and is not
roughly proportionate to the impacts of the proposed use that the City seeks to avoid,
minimize, or mitigate.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(d). This Ordinance is consistent with the goals, objectives and policies of the
Comprehensive Plan of the City of Sanford.
Section 2. Rezoning of real property/implementing actions; the Revised
Florida Extruders PD.
(a), Upon enactment of this Ordinance the subject property, as depicted in the
map attached to this Ordinance shall be rezoned to the Revised Florida Extruders PD.
(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 Revised Florida Extruders 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 City's 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 Revised Florida Extruders PD
Master Plan, dated July 30, 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 Revised Florida
Extruders PD Master Plan or the associated development order, any required elements
missing from or not shown on the Revised Florida Extruders PD Master Plan shall
otherwise comply with the City's LDRs.
(4). Single -Family detached shall comply with the following design standards:
(a). Gutters shall be installed on residential structures located
on lots a with aside yard setbacks of less than 7.5 feet.
(b). House plans shall have a variety of architectural styles and
character, such as alternating roof lines, window patterns, and
entrances. Buildings shall include articulation along the facades
facing and visible from public rights-of-way. Flat blank walls are
discouraged. At least 2 of the following methods shall be included:
(i). Distinctive roof forms; or
(ii). Changes in materials; or
(iii). Window patterns; or
(iv). Recesses/offsets.
(c). Neighborhood parks shall have a direct connection to the
pedestrian system and include a tot lot, gazebo, fitness station, rest
station or similar recreation amenity. Neighborhood parks shall not be
located within areas designated for drainage, stormwater
management or other utility purposes and shall be installed then
owned and maintained by the Homeowners Association.
(d). Decorative pavers or other decorative hardscape elements
deemed acceptable by the City Commission shall be provided at the
development entrances and incorporated into recreation areas.
(5). Unless specifically requested and approved on the Revised Florida
Extruders PD Master Plan or the associated Revised Florida Extruders PD Master Plan
Development Order, all development shall comply with:
(a). The Townhomes standards within Schedule E, Section
18.0 of the City's LDRs.
(b). Tree mitigation per Section 4.2, Criteria For Tree Removal,
Replacement And Relocation, of the City's LDRs.
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(c). All setback and buffer requirements set forth in the JPA, as
they may apply to the Revised Florida Extruders PD.
(d). All commercial elements of the development shall be in
accordance with Schedule "G" — Architectural Design Standards, of
the City's LDRs..
(6). A preliminary subdivision plan and subdivision improvement plan shall be
submitted and shall be subject to approval by the City with all construction activity being
subject to approval by the City, and 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). 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.
(8). All air conditioning units or other similar appurtenances shall be in the rear
of each lot.
(9). The Property Owner shall install sidewalks on both sides of all streets which
shall be a minimum of 5 -feet in width.
(10). 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.
(11). Due to the proximity of the subject PD property to the Orlando -Sanford
International Airport, the Property Owner shall file an FAA Form 7460 that shall be
provided to the City and Sanford Airport Authority before a permit issued.
(12). The Property Owner shall provide to the City an airport avigation easement,
in a form acceptable to the City Attorney, if the City determines that such easement is
required. Recording costs shall be borne by the Property Owner. 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.
(13). As the development of the site progresses, the developer of the
development of the PD property shall submit periodic traffic analysis to the City, at times
reasonably determined by the City, evaluating traffic impacts upon State transportation
facilities.
(14). The fill used during the implementation of the development on the PD site
shall be of a grade no more than 12%.passing the number 200 slope.
(15). The following design elements will be considered during the development
plan review:
(a). Site improvements occurring on the PD property may
include the incorporation of low impact development (oftentimes
referred to as "LID") techniques and crime prevention through
environmental design (oftentimes referred to as "CPTED") guidelines.
(b). Elements of buildings may be constructed incorporating
Leadership in Energy and Environmental Design (oftentimes referred
to as "LEED"), Florida Green, or such other equivalent energy savings
standards as may be approved by the City.
(c). Unless specifically requested and approved on the PD
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Master Plan, any required elements missing from or not shown on the
PD Master Plan shall comply with the City's LDRs.
(16). The resolution of all disputes arising from development under the Revised
Florida Extruders PD shall be resolved by the Planning and Zoning Commission unless
otherwise specifically provided by controlling law.
Section 3. Incorporation of map and Revised Florida Extruders PD Master
Plan for the Revised Florida Extruders 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
Revised Florida Extruders 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 City's 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.
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(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.
Section 7. Effective Date.
This Ordinance shall take effect upon enactment.
Passed and adopted this 10th day of December, 2018.
Attest:
X005 VIOUIR MC, F` VL
Traci Houchin, City Clerk
Approved as to form and I
ty Attorney
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City Com fission of the City of
Sanford, Fl�rida
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