4485 Kentucky Square PD/Master Plan 3700 Kentucky St.Ordinance No. 2018-4485
An ordinance of the City of Sanford, Florida relating to amending and
combining the County Kentucky Street Planned Development (PD)
and the County Kentucky Square PD to create the revised City
Kentucky Square PD and approving a PD master plan; providing for
the rezoning of real property located at 3700 Kentucky Street and
assigned Tax Parcel Identification Numbers 03-20-31-5AY-0000-0580,
03-20-31-5AY-0000-0850 and 03-20-31-5AY-0000-0870 within the City
Limits (map of the City Kentucky Square PD 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 3700 Kentucky Street as a Planned Development (PD) zoning
classification/district being named the Kentucky Square PD by amending and combining
the County Kentucky Street PD and the County Kentucky Square PD to create the
revised City Kentucky Square PD and approving a PD master plan; and
Whereas, City the Kentucky Square PD master plan relates to 39.88 acres of
real property proposed for a 116 unit residential development consisting of single family
homes and two commercial outparcels; and
Whereas, the City Kentucky Square PD property is generally located on the
south side of East Lake Mary Boulevard west of Skyway Drive and north of Eaglewoods
Trail; and
Whereas, one tax parcel of the City Kentucky Square PD property fronts Lake
Mary Boulevard is known as the County Kentucky Street PD which was approved by the
Board of County Commissioners of Seminole County (BCC) on August 26, 2008, but on
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February 24, 2015, the BCC issued a revised Development Order (DO) 14-2005-00033
after approving a major modification to the PD which included 2 tracts, a non-residential
tract with an floor area ratio (FAR) of 1.0 and a residential tract with a density range of 4
dwelling units (DU) per acre to 30 DU per acre, but no area and dimensional or
development standards were adopted by the BCC; and
Whereas, two other tax parcels of the City Kentucky Square PD property are
known as County Kentucky Square PD and the BCC approved a DO on December 23,
2013 approving 69 units which is approximately 2.5 units per net buildable acre with the
maximum of 3.5 units per net buildable acre being consistent with the most current Joint
Planning Agreement (JPA) between the City and Seminole County with the minimum lot
size of 8,625 square feet being prescribed in the DO with other area, dimensional and
development standards and other development commitments; and
Whereas, the City Kentucky Square PD property is within Planning Sub Area 4
of the JPA in which an east -west alignment established by Eaglewoods Trail serves as
the dividing line for residential density within Planning Area 4 with properties to the north
of the line to be developed at a maximum of 3.5 units per net buildable acre and
properties lying south of the line (and north of Pineway) being developed at a maximum of
2.5 units per net buildable acre; provided, however, that these densities do not apply to
properties currently assigned the County HIP -AP Future Land Use designation; and
Whereas, the two aforementioned tax parcels are located to the north of
Eaglewoods Trail and
do
not have a
HIP -AP Future Land Use designation and
are,
therefore, capped at
3.5
units per
net buildable acre which could possibly
yield
approximately 95 dwelling units while the single parcel previously noted could exceed the
3.5 units per net buildable acres; and
Whereas, the City Kentucky Square PD property is proposed to be developed
with 116 residential units subject to the following development standards:
Max. Building Height.
35 feet
East Perimeter Setback
10 feet Buffer + 20 feet Tract + 20 feet Rear
Yard
Internal Setbacks
Front — 25 feet
Rear — 20 feet
Side — 7.5 feet
Side Street — 15 feet
Net Density
Parcel 1 — 2.43 dwelling units per acre
Parcel 2 and 3 — 3.44 dwelling units per acre
Min. Lot Size
6,325 square feet
Min. Width at Bldg. Line
55 feet (Parcel 1, 2 & 3 Single Family
Residential)
Open Space
40% for each Single Family Lot
; and
Whereas, the City Kentucky Square PD property is currently assigned the
HIPAP, High Intensity Planned Development Airport, and the LDR, Low Density
Residential, future land use designations under the County's Comprehensive Plan, but is
undergoing a parallel process to amend the City's Comprehensive Plan to have the
LDR-SF, Low Density Residential Single Family, future land use designation assigned to
the City Kentucky Square PD property, and
Whereas, the Property Owner of the City Kentucky Square PD property is Ted
Takvorian whose address is 26 Bridge Street; Hackensack, New Jersey 07601; and
Whereas, the applicant for the City Kentucky Square PD approval is Richard
Anderson; and
Whereas, a Citizen Awareness and Participation Plan (CAPP) meeting the
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requirements of the City has been submitted to the City and that process included a
meeting held on November 19, 2018 and approximately 7 neighbors attended the
meeting at which the major concern expressed was the height of homes on 3 specific lots
as they directly affect an adjacent neighbor and, thus, accordingly, the Applicant agreed
that the 3 adjacent lots would be developed with single story homes; 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;
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 December 13, 2018 the Planning and Zoning Commission
recommended the City Commission deny the request to amend and combine the
Kentucky Square PD and the Kentucky Square PD to create the revised Kentucky
Square PD Master Plan based on the request not being consistent with the surrounding
area; and
Whereas, the City Commission has determined that the proposed rezoning of
the City Kentucky Square PD 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; and
Whereas, the City Commission of the City of Sanford, Florida has taken all
actions relating to the City Kentucky Square 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 City
Kentucky Square PD 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 Kentucky
Square PD.
(a), Upon enactment of this Ordinance the City Kentucky Square PD property,
as depicted in the map attached to this Ordinance shall be rezoned from the PD, Planned
Development zoning classification/district to the Kentucky Square 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 Kentucky Square 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 DO 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 Kentucky Square PD
Master Plan, received February 21, 2019 (Version 2), 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). Unless specifically requested and approved on the Extruders Parcel 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 LDRs.
(4). Commercial portion on Parcel 1 will comply with GC -2, General
Commercial permitted uses with the execption of automotive uses.
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(5). Single Family Accessory uses shall be permitted Per Schedule B, City of
Sanford land Development Regulations.
(6). Lots that are adjacent to existing residential structures shall be single story
only.
(7). Parking shall be provided at the mail kiosk on the southern parcel.
(8). Fence and landscape buffer with trees shall be provided on the east side of
Parcel 1 as it is required on Parcel 2 and 3.
(9). The fill used during the implementation of the development on the PD site
shall be of a grade nor more than 12% passing the number 200 slope.
(10). Single-family detached shall comply with the following design standards:
(i). Gutters shall be required on residential structures on lots with less
than 7.5 foot side yard setbacks.
(ii). House plans shall have a variety of architecture 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:
(A). Distinctive roof forms.
(B). Changes in materials.
(C). Window patterns.
(D). Recesses/offsets.
(III). Neighborhood parks shall have a direct connection to the
pedestrian system and include a tot lot, gazebo, fitness station, rest
7 1 1 1;,;.
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.
(A). Dog stations shall be located along walking trail.
(B). Large specimen tree on Parcel 1 shall be protected and
recreational/park amenities shall be incorporated in area.
(iv). Decorative pavers or other decorative hardscape elements
deemed acceptable by the City shall be provided at the development
entrances and incorporated into recreation areas.
(11). Unless specifically requested and approved on the revised City Kentucky
Square PD Master Plan, received February 21, 2019 (Version 2) by the City, or the
associated PD development agreement, all development shall comply with the following:
(i). Tree mitigation in accordance with Section 4.2, Criteria For
Tree Removal, Replacement And Relocation, of the City's LDRs.
(ii). All setback and buffer requirements set forth in the JPA as
they apply to the City Kentucky Square PD project.
(iii). All commercial elements of the development shall be
accomplished in accordance with Schedule "G", Architectural Design
Standards, of the City's LDRs.
(12). 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, 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.
(13). 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.
(14). All air conditioning units or other similar appurtenances shall be in the rear
of each lot.
(15). The Owner shall install a minimum of 5 -foot wide sidewalks on both sides of
the streets.
(16). 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.
(17). Due to the proximity of the subject property to the Orlando Sanford
International Airport, the Property shall file a Federal Aviation Administration Form 7460
and provide the document to the City and the Executive Director of the Sanford Airport
Authority before a building permit is issued.
(18). By enactment of this Ordinance and execution of the accompanying
development agreement, the Property Owner shall have agreed 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.
(19). The following design elements will be considered during the development
plan review process of each building and surrounding infrastructure:
(i). 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.
(ii). 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.
(20). The resolution of all disputes arising from development under the Kentucky
Square 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 City Kentucky
Square 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
City Kentucky Square 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
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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 City Kentucky Square PD property's zoning classification
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shall revert to an un -zoned property status.
Section 7. Effective Date.
This Ordinance shall take effect upon enactment.
Passed and adopted this 11th day of March, 2019.
Attest:
Traci Houchin, CMC, FCRM
Approved as to form and legal si
William L. Colbert, City Attorney
City Commisson of the City of
Sanford, Florid
QST. 1871
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