4503 PD rezone 3043 E. Lk Mary Blvd AirSan InvestmentsOrdinance No. 2019-4503
An ordinance of the City of Sanford, Florida relating to a Planned
Development (PD) by rezoning 5.22 acres in size from AG, Agriculture,
creating the AirSan Development PD; approving a PD master plan;
providing for the rezoning of real property located at 3043 East Lake
Mary Boulevard and assigned Tax Parcel Identification Number:
03-20-31-5AY-0000-059A 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 3043 East Lake Mary Boulevard from the AG, Agriculture, zoning
district/classification as a Planned Development (PD) zoning classification/district being
named the AirSan Development PD; and
Whereas, the PD property is located on the south side of East Lake Mary
Boulevard east of Sipes Avenue; and
Whereas, the PD property is 5.22 acres in size; and
Whereas, the PD property is owned AirSan Investments, LLC; and
Whereas, the applicant, making application for the PD approval on behalf of
the Property Owner is John Hebert, P.E. of American Civil Engineering Company; and
Whereas, the applicant is proposing to develop a commercial project including
a hotel with a potential commercial outparcel allowing permitted uses in the GC -2 zoning
district; and
Whereas, the new AirSan Development PD Master plan includes modifications
to buffers and setbacks due to the irregular configuration of the lot and the existing and
proposed surrounding uses and additional use restrictions are being incorporated into
this approval in order to ensure that any future use does not negatively impact
surrounding uses given the proposed modifications to the buffers and setbacks; and
Whereas, the PD property is located within Sub -Area 4 of the 2015 City of
Sanford/Seminole County Joint Planning Agreement (JPA) and this action is consistent
with the JPA; and
Whereas, a Citizen Awareness and Participation Plan (CAPP) meeting
adhering to the requirements of the City has been held on February 6, 2019 and a report
was submitted to the City in accordance with CAPP requirements; and
Whereas, the City of Sanford's Planning and Zoning Commission, as the City's
local planning agency, held a public hearing on February 7, 2019 and April 4, 2019 to
consider the rezoning action herein approved and recommended approval of the AirSan
Development PD for the PD 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;
M
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 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 AirSan Development 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 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 AirSan
Development PD.
(a), Upon enactment of this Ordinance the PD property, as depicted in the map
attached to this Ordinance shall be rezoned to the AirSan Development 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 AirSan Development 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 AirSan Development PD
Master Plan, dated January 16, 2019, as modified as a result of any additional conditions,
to include, but not be limited to a side yard setback of 10', 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). All land use activities conducted on the PD property shall be in accordance
with Schedule "B:, Permitted Uses, of the City's LDRs for property assigned the GC -2,
General Commercial, zoning district/classification with the following exceptions:
(a). No vehicular land uses shall be permitted on the PD
property.
(b). No outdoor storage shall be permitted on the PD property.
(c). With the exception of the noted prohibited uses, if a
conditional use approval is required in for a given land use, then a
conditional use approval is required to establish the use.
(4). Unless otherwise specified on the AirSan Development PD Master Plan, all
development shall comply with setback and buffer requirements set forth in Schedule "J",
Landscape, Buffer and Tree Requirements, of the City's LDRs.
(5). All requirements relating to tree mitigation as established in the City's LDRs
shall be met prior to development of the PD property.
(6). If determined to be required and prior to any issuance of a site development
permit relating to the PD property, acceptable fencing around the retention pond adjacent
to Lake Mary Boulevard shall be determined by City staff.
(7). If any subdivision is proposed on the PD property, 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.
(8). Any subdivision of the property shall result in lots that meet the minimum
area and dimensional standards as established in the City's LDRs for property assigned
the GC -2, General Commercial, zoning district/classification unless otherwise depicted
on the AirSan Development PD Master Plan.
(9). A decorative and functional fountain shall be installed if the pond is a wet
retention pond 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 commercial elements of the development shall be in accordance with
Schedule "G", Architectural Design Standards, of the of the City's LDRs.
(11). The following design elements will be considered during the development
plan review process of each building and surrounding infrastructure:
(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.
(12). The resolution of all disputes arising from development under the AirSan
Development PD shall be resolved by the Planning and Zoning Commission unless
otherwise specifically provided by controlling law.
Section 3. Incorporation of map and AirSan Development PD Master Plan
for the AirSan Development 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
AirSan Development PD as is the AirSan Development PD Master Plan.
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.
(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 PD 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 13th day of May, 2019.
Attest:
City Commissio
Sanford, Florida
Traci Houchin, CIVIC, FCRM
City Clerk 10
Approved as to form and legal s
Colbert, City Attorney
of the City of
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Item No. TC
CITY COMMISSION MEMORANDUM 19-114
MAY 13, 2019 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Jordan Smith, AICP, PP — Development Services Manager
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager -� C
SUBJECT: Request to Rezone 5.22 acres from AG, Agriculture to PD, Planned
Development for 3043 E. Lake Mary Boulevard
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 5.22 acres from AG, Agriculture to PD, Planned Development for a proposed
commercial project with an address of 3043 E. Lake Mary Boulevard has been received.
The property owner is Airsan Investment, LLC. The applicant is John Herbert, P.E. who was
responsible for completing the required CAPP meeting on February 6, 2019. The CAPP meeting is
attached herein
The Affidavit of Ownership and Designation of Agent forms are attached and other information is
available in order to ensure that all potential conflicts of interests are capable of being discerned.
F'ISCAL.ISTAFFING STATEMENT:
According to the Property Appraiser's records, the subject property is currently vacant.
Based on the 2018 property tax roll, the existing properties have an assessed value of $191,268. The
total tax bill for the property in 2018 was $3,567. Rezoning the property will further facilitate future
commercial type uses and will generate additional ad valorem and utility revenues for the City.
No additional staffing is anticipated if the PD Rezone is approved.
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BACKGROUND:
The 5.22 acre site is located on the south side of East Lake Mary Boulevard just east of Sipes Avenue.
The City Commission adopted Ordinance No. 4498 on March 11, 2019 which annexed the property
into the City of Sanford.
The subject property has an AG, Agriculture zoning classification with an underlying land use of HIP -
AP, High Intensity Planned Development — Airport which is equivalent to the City's AIC, Airport
Industry and Commerce. The applicant is proposing a hotel with a potential commercial outparcel.
The AIC land use district is a high-intensity mixed use policy for managing lands comprised of the
Orlando Sanford Airport and adjacent lands capable of supporting a variety of residential rental properties
and commercial and industrial uses.
The Airport Industry and Commerce designation is intended to encourage the expansion of industrial
land uses in areas where airport noise impacts will prohibit residential development and provide
additional areas for mixed-use development that would be compatible with airport operations. The land
use mix in the AIC is intended to provide a full range of urban services and facilities including:
• Industrial and Business Parks;
• Office Complexes;
• Commercial and retail developments;
• Service and hotel uses; and
• Medium to high density rental multifamily residential developments.
Development within the "AIC" designated area may be developed as a "Planned Development". As a
"PD", all new development shall be required to address infrastructure needs, provision of services,
development phasing, development intensity and land use compatibility as part of an integrated design
scheme which includes very detailed strategies and techniques for resolving development impacts. The
applicant has submitted for a PD rezone to tailor a development intended to address specific needs of the
population as it relates to the adjacent airport.
Staff has reviewed the information provided and feels the plan is generally consistent with the AIC Land
Use classification. The development is proposed to be a commercial project, a hotel with a potential
commercial outparcel, allowing permitted uses in the GC -2 zoning district. The PD proposes
modifications to buffers and setbacks due to the irregular configuration of the lot and the existing and
proposed surrounding uses. Additional use restrictions are being added to the PD to ensure that any
future use does not negatively impact surrounding uses given the proposed modifications to the buffers
and setbacks.
DENSITYANTENSITY (MAXIMUM)
LAND USE DESIGNATIONS
MAP
PERCENTAGE DISTRIBUTION (MINIMAX)
SYMBOL
COMMERCIAL
INDUSTRIAL
RESIDENTIAL
50 du/acre (MF)
Mixed
Airport Industry &
1.0 FAR
1.0 FAR
I du/acre (SF)
Use
AIC
25%175%
50%175%
Districts
Commerce
0%/ID%
The Airport Industry and Commerce designation is intended to encourage the expansion of industrial
land uses in areas where airport noise impacts will prohibit residential development and provide
additional areas for mixed-use development that would be compatible with airport operations. The land
use mix in the AIC is intended to provide a full range of urban services and facilities including:
• Industrial and Business Parks;
• Office Complexes;
• Commercial and retail developments;
• Service and hotel uses; and
• Medium to high density rental multifamily residential developments.
Development within the "AIC" designated area may be developed as a "Planned Development". As a
"PD", all new development shall be required to address infrastructure needs, provision of services,
development phasing, development intensity and land use compatibility as part of an integrated design
scheme which includes very detailed strategies and techniques for resolving development impacts. The
applicant has submitted for a PD rezone to tailor a development intended to address specific needs of the
population as it relates to the adjacent airport.
Staff has reviewed the information provided and feels the plan is generally consistent with the AIC Land
Use classification. The development is proposed to be a commercial project, a hotel with a potential
commercial outparcel, allowing permitted uses in the GC -2 zoning district. The PD proposes
modifications to buffers and setbacks due to the irregular configuration of the lot and the existing and
proposed surrounding uses. Additional use restrictions are being added to the PD to ensure that any
future use does not negatively impact surrounding uses given the proposed modifications to the buffers
and setbacks.
Design Required Provided Difference Staff recommendation
Standard (/o)
The development of the vacant property with a new commercial development would generate
additional growth and revenue for the City.
At the February 7, 2019 Planning & Zoning Commission meeting, the Commission continued the
public hearing to consider the request to rezone 5.22 acres from AG, Agriculture to PD, Planned
Development until the City Commission heard the second reading of the Kentucky Square PD.
On March 11, 2019, the City Commission approved Ordinance No. 4485 to amend and combine the
Kentucky Square PD and the Kentucky Street PD to create the revised Kentucky Square PD Master
Plan at 3700 Kentucky Street which is to the east of the subject parcel. The revised Kentucky Square
PD consists of two out parcels totaling 3.56 acres which front East Lake Mary Boulevard. In addition,
the Master Plan is proposed to contain 22 single family lots to the south of the 2 commercial out parcels
as depicted on Exhibit "A".
2015 SEMINOLE COUNTY/CITY OF SANFORD JOINT PLANNING AGREEMENT
The proposed development is located within Planning Sub -Area 4 of the 2015 City of
Sanford/Seminole County Joint Planning Agreement (JPA) and the rezone is consistent with the 2015
Joint Planning Agreement.
COMPREHENSIVE PLAN COMPLIANCE REVIEW
Future Land Use Element
Objective FLU 1.1: Implement the Future lane[ Use Map Series. Implement the Future Land Use Map
(FLUM) series in the Future Land Use Element goals of the Comprehensive Plan. The City shall not
approve land use amendments, zoning changes, or development in conflict with these densities and
intensities. The LDRs shall encourage the use of innovative development techniques to achieve a mix
of uses, where appropriate.
A minimum 10 foot setback for the
main parcel along the east is
Side Building
20 feet
5 feet
75%
recommended. A 5 foot setback
Setback
Reduction
within the proposed commercial
outparcel is acceptable due to
common infrastructure.
Front
25 feet
30 feet
20% increase
Recommend
10 foot wide
Silent on Master Plan along Front
Buffer Width
on side yards
10 foot wide
No difference.
(Lake Mary Boulevard). Staff
mandating 25 foot buffer along
Lake M Boulevard frontage.
This buffer is for the property line
Type 2 Visual
No difference
on the south side. The buffer on the
Buffer
Varies by
Screen (3' tall
Needs
east does not require a fence. Lake
property line.
minimum)
clarification..
Mary Boulevard buffer shall comply
with the gateway corridor standards
in Schedule U, LDR.
50 feet
Staff recommends establishing 75
64 feet
feet subject to Airport/FAA
Building Height
minimum in
the
minimum
28% increase
approval. This will allow for
districtiot
r
requested
architectural variations on the roof
line if needed.
The development of the vacant property with a new commercial development would generate
additional growth and revenue for the City.
At the February 7, 2019 Planning & Zoning Commission meeting, the Commission continued the
public hearing to consider the request to rezone 5.22 acres from AG, Agriculture to PD, Planned
Development until the City Commission heard the second reading of the Kentucky Square PD.
On March 11, 2019, the City Commission approved Ordinance No. 4485 to amend and combine the
Kentucky Square PD and the Kentucky Street PD to create the revised Kentucky Square PD Master
Plan at 3700 Kentucky Street which is to the east of the subject parcel. The revised Kentucky Square
PD consists of two out parcels totaling 3.56 acres which front East Lake Mary Boulevard. In addition,
the Master Plan is proposed to contain 22 single family lots to the south of the 2 commercial out parcels
as depicted on Exhibit "A".
2015 SEMINOLE COUNTY/CITY OF SANFORD JOINT PLANNING AGREEMENT
The proposed development is located within Planning Sub -Area 4 of the 2015 City of
Sanford/Seminole County Joint Planning Agreement (JPA) and the rezone is consistent with the 2015
Joint Planning Agreement.
COMPREHENSIVE PLAN COMPLIANCE REVIEW
Future Land Use Element
Objective FLU 1.1: Implement the Future lane[ Use Map Series. Implement the Future Land Use Map
(FLUM) series in the Future Land Use Element goals of the Comprehensive Plan. The City shall not
approve land use amendments, zoning changes, or development in conflict with these densities and
intensities. The LDRs shall encourage the use of innovative development techniques to achieve a mix
of uses, where appropriate.
Land Use
Map
Density/Intensity (Max)
Designations
Symbol
Commercial
Industrial
Residential
Airport Industry &
1.0 FAR
1.0 FAR
50 du/acre (MF)
Commerce
141C
25%/75%
50%/75%
I du/acre (SF)
0%/10%
The AIC Future Land Use designation is a planned land use mix intended to include intensive industrial
development, particularly industries requiring airport linkage. The requested PD rezone is for a
proposed commercial project. A rezone to PD is consistent with the AIC Future Land Use designation.
Objective FLU 1.9: Utilize Airport Industry and Commerce Land Use Designation. The "Airport
Industry and Commerce" (AIC) land use designation is a high intensity mixed use policy for managing
lands comprised of the Orlando Sanford International Airport and adjacent lands capable of supporting
a variety of residential rental properties and commercial and industrial uses.
A rezone to PD is consistent with the AIC Future Land Use designation as the applicant is proposing
a high intensity use such as a hotel and a commercial outparcel which could be a convenience store,
restaurant, walk-in clinic, coffee shop or any other commercial use that would be complimentary with
the hotel. A rezone to PD is consistent with the AIC Future Land Use designation.
Policy FLU 1.9.1: Establish performance criteria for the development within the AIC. The
following criteria shall be adhered to for all development within the AIC District.
a. The Airport Industry and Commerce designation is intended to encourage the expansion of
industrial land and provide additional areas for mixed-use development that would be compatible
with airport operations.
b. The majority of such lands is located on airport property and is subject to the Airport Master
Plan. Certain properties, primarily east of Beardall Avenue, are located in the 2009 noise zone.
c. The Orlando -Sanford Airport shall develop according to the current Airport Layout Plan (ALP),
adopted by reference herein.
d. Upon annexation of lands that are currently within the jurisdiction of Seminole County and
are included in the ALP, the lands will be automatically given the land use designation of
Airport Industry Commerce and a zoning designation consistent with the existing zoning of the
Airport.
e. The land use mix in the AIC is intended to provide a full range of urban services and facilities
including:
• Industrial and Business Parks;
• Office Complexes;
• Commercial and retail developments;
• Service and hotel uses; and Medium to high density multifamily residential
developments, where located in accordance with those requirements contained within
this policy.
f. Upon annexation of lands that are currently within the jurisdiction of Seminole County and
are included in the ALP, the lands will be automatically given the land use designation of
Airport Industry Commerce and a zoning designation consistent with the existing zoning of the
Airport.
g. The maximum intensity of industrial and commercial development measured as floor area is
1.0. The maximum intensity for residential uses is 50 units per acre, with a minimum density
of 10 units per acre, where compatible with adjacent uses. Distribution of specific densities and
intensities for this district shall be in accordance with Table FLU -2 of this Element.
h. The Development Review Team, the Airport Zoning Board and the Airport Design Review
Team shall review development included in the ALP for compliance with the Sanford LDRs.
Development contemplated by the ALP shall comply with all LDRs included, but not limited
to, setbacks, landscaping, parking, drainage and floor area ratios except where such
regulations conflict with Federal Aviation Authority (FAA) rules and regulations.
i. Development within the AIC designated area must be developed as a Planned Development.
As a PD, all new development shall be required to address infrastructure needs, provision of
services, development phasing, development intensity and land use compatibility as part of an
integrated design scheme which includes very detailed strategies and techniques for resolving
development impacts.
j. The location of future high density residential developments shall comply with guidelines
issued by the Federal Aviation Administration and the Department of Transportation relating
to airport compatible uses, noise zones, approach zones and other safety measures.
k. Future high and medium density residential developments shall occur outside the 60 DNL
(day/night sound level) noise contours.
1. Residential developments shall be prohibited within 300 feet of the centerline of airport runways.
in. PD proposals in the AIC area will be the subject of negotiated development agreements. No
development order shall be granted prior to City approval of the development agreement.
n. Developments within the AIC that exist prior to the adoption of this Plan will be "grandfathered".
However, all new development in the Airport Industry and Commerce Area outside the Airport
boundaries shall incorporate those performance criteria established under Policy FLU 1.1.7, as
well as those criteria listed below:
• Narrative and graphic information required for review of rezoning petitions, for site plan
review, and other.related procedural requirements;
• Impact analysis, including plans for managing any potential impacts on air operations;
• Noise impact analysis, including required sound insulation in areas within the airport
impact noise zones;
• Requirements for controlled access and internal circulation, including provisions for cross
access easements, and joint use ofdriveways;
• Requirements for perimeter buffer yards;
• Management framework for encouraging development of strategically planned sub -
centers of commerce and industry;
• Dedication of necessary rights-of-way; and
• Use of pedestrian and mass transit facilities to reduce vehicletrips.
A rezone to PD is consistent with the AIC Future Land Use designation. The land use mix in the AIC
is intended to provide a full range of urban services and facilities which include: industrial and
business parks; office complexes; commercial and retail development, service and hotel uses; and
medium to high density multifamily residential developments.
On April 4, 2019, the Planning and Zoning Commission conducted a public hearing to determine if the
request is consistent with the goals, objectives and policies of the City's Comprehensive Plan and
recommended the City Commission adopt an ordinance to rezone from AG, Agriculture to PD, Planned
Development for the AirSan Development PD at 3043 Lake Mary Boulevard subject to a Development
Order with the following conditions:
1. Pursuant to Section 4.3.G of the Land Development Regulations (LDR) of the City of Sanford,
this rezoning shall expire three (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 AirSan Development PD Master Plan, dated as
received by the City on January 16, 2019, 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. All land use activities conducted on site shall be in accordance with Schedule B — Permitted
uses, Sanford LDR for GC -2, General Commercial zoning with the following exceptions:
a. No vehicular land uses shall be permitted on site;
b. No outdoor storage shall be permitted on site;
c. With the exception of the noted prohibited uses, if a Conditional Use approval is
required in for a given land use, then a conditional use approval is required to establish
the use.
4. Unless otherwise specified on the AirSan Development PD Master Plan, all development shall
comply with setback and buffer requirements set forth in Schedule J, Landscape, Buffer and
Tree Requirements, LDR.
5. All requirements relating to tree mitigation as established in the City's LDR shall be met prior
to development of the site.
6. If determined to be required and prior to any issuance of a site development permit relating to
the subject property, acceptable fencing around the retention pond adjacent to Lake Mary
Boulevard shall be determined.
7. If any subdivision is proposed on the subject property, 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.
8. Any subdivision of the property shall result in lots that meet the minimum area and dimensional
standards as established in the LDR for GC -2, General Commercial, unless otherwise depicted
on the AirSan Development PD Master Plan.
9. A decorative and functional fountain shall be installed if the pond is a wet retention pond 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 commercial elements of the development shall be in accordance with Schedule "G" —
Architectural Design Standards, of the City's Land Development Regulations as defined
therein.
11. The following design elements will be considered during the development plan review process
of each building and surrounding infrastructure:
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.
12. 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.
In addition, the Planning and Zoning Commission recommended a minimum 10 foot side yard setback
instead of the 5 foot side yard setback as noted on the Master Plan.
The City Commission approved the first reading of Ordinance No. 4503 on April 22, 2019.
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 order" is defined as follows and, 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).
RECOMMENDATION:
Planning and Zoning Commission, along with staff, recommend the City Commission approve the
request to rezone 5.22 acres with a project address of 3043 E. Lake Mary Boulevard from AG,
Agriculture to PD, Planned Development based on the request being consistent with the Seminole
County/City of Sanford Joint Planning Agreement and the goals, objectives and policies of the City's
Comprehensive Plan.
Additional comments or recommendations may be presented by staff at the meeting.
SUGGESTED MOTION:
"I move to (Approve/Deny) Ordinance No. 4503 to rezone 5.22 acres with a project address of 3043
E. Lake Mary Boulevard from AG, Agriculture to PD, Planned Development based on the request
being consistent with the Seminole County/City of Sanford Joint Planning Agreement and the goals,
objectives and policies of the City's Comprehensive Plan, subject to a DO with all recommended
conditions."
Attachments: Project Information Sheet
Site Vicinity Map
Aerial Map
Applicant's Affidavit of Ownership and Designation of Agent
CAPP Report
PD Master Plan received January 16, 2019
Exhibit "A"
Ordinance No. 4503
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Mary Blvd - PDRZ 2nd Reading.docx