4510 Rezone PD Hotel & Resort Inv. CR 46A, 2400 Cherry Laurel DriveOrdinance No. 2019-4510
An ordinance of the City of Sanford, Florida relating to the
amendment of the Planned Development (PD) approved in Ordinance
Number 4133; providing for the rezoning of real property located at
2400 Cherry Laurel Drive and assigned Tax Parcel Identification
Numbers 32-19-30-301-008F-0000 and 32-19-30-301-008D-0000 within
the City Limits (map of the property attached) from a PD on the site to
a similar PD known as the Hotel & Resort Investment CR 46A PD;
providing for 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, but providing for a PD amendment
and harmonization with prior actions by the City; providing for
severability; providing for non -codification and implementation and
providing for an effective date.
Whereas, Hotel and Resort Investments, LLC is the owner of certain real
property within the City Limits of the City of Sanford (assigned Tax Parcel Identification
Numbers 32-19-30-301-008F-0000 and 32-19-30-301-008D-0000 by the Seminole
County Property Appraiser) and it applied to the City of Sanford, through its
representative, Sam J. Sebaali, P.E., pursuant to the controlling provisions of State law
and the Code of Ordinances of the City of Sanford, to have the property rezoned to the
new Planned Development ("PD") zoning district/classification (the Hotel & Resort
Investment CR 46A PD) from the existing PD to which the property is currently assigned
and approved; and
Whereas in 2008, the City Commission enacted Ordinance Number 4133
rezoning the 8.66 acres located at properties that were addressed as 2400 and 2440
Cherry Laurel Drive from the AG, Agriculture, zoning district/classification to the PD,
Planned Development, zoning district/classification.; and
Whereas, pursuant Article IV, Section 4.3(G) of the City's Land Development
Regulations, the 2008 approved PD expired 3 years from the date of original approval,
but the City Commission enacted Ordinance Number 4242 on June 27, 2011 extending
the PD approval to October 13, 2016, 5 years beyond the original 2011 expiration; and
Whereas, the subject property is located is located on the north side of H.E.
Thomas Jr. Parkway (County Road 46A) on the West side of Cherry Laurel Drive and
approximately 100' east of Rinehart Road; and
Whereas, the property is not within a Planning Sub Area of the 2015 Seminole
County/City of Sanford Joint Planning Area; and
Whereas, the subject property is currently unimproved with a project address of
2400 Cherry Laurel Drive relative to the entire 8.66 acres; and
Whereas, the original PD generally established multi-purpose/mixed use
development including hotel, retail and office uses; and
Whereas, the property owner is proposing to amend the 2008 PD and modify
the permitted uses to include multiple family residential, office and retail uses while
eliminating the hotel use previously approved with the PD to be known as the Hotel &
Resort Investment CR 46A PD; and
Whereas, 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; and
Whereas, the property owner has submitted a request to amend the Hotel and
Resort PD master plan eliminating the hotel use and proposing 310 multi -family
residential units and 4,000 square feet of office and retail uses; and
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Whereas, the 310 unit complex shall not exceed 50 percent of two-bedroom
units with the remainder being one -bedroom units with approximately 4,000 square feet
of common space including a fitness center for residents of the complex with an
additional 4,000 square feet on the first floor of a building adjacent to County Road 46A
being utilized for office and retail uses together with amenities for the complex including
an outdoor pool, courtyard and basement level parking; and
Whereas, the Urban Land Institute (ULI) is an independent and recognized
organization which dedicated to sustainable and smart growth and provides a multitude
of national and international studies to substantiate standards for a multitude of subjects
with one study being the Fifth Edition for "The Dimension of Parking"; and
Whereas, the ULI has concluded that the parking for the residential use with
low turnover could be as low as 8'-6" and for moderate turnover 9' and the recommended
length of 18'; and
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Whereas, the parking ratio for the residential use shall be 1.5 spaces per unit;
Whereas, the property owner has determined that, inasmuch as the residential
and office uses are considered moderate turnover, 9' x 18' parking dimensions for
parking spaces is appropriate, but since parking for the retail uses which is considered
high turnover, may be 10' x 20 in dimension', which is consistent with Schedule "H" of the
Land Development Regulations (LDRs) of the City of Sanford; and
Whereas, if the proposed PD amendment is approved the existing master plan
would be amended and revised to allow the newly proposed uses and eliminated the
hotel uses, etc.; and
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Whereas, the underlying Future Land Use designation assigned to the subject
property is HI, 1-4 High Intensity, which is a mixed use designation intended to promote
and regulate anticipated development within the vicinity of the Interstate Highway 4/State
Road 46 interchange with land uses that include commerce, industry, and high density
residential development; and
Whereas, the proposed use of the subject property would be consistent with
the intent and purpose of the 1-4, High Intensity; 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, City's LDRs, and the controlling
provisions of State law; and
Whereas, the Citizen's Awareness Participation Plan (CAPP) requirements of
the City relative to the proposed rezoning have been satisfied in that Mr. Sheppard mailed
notice to adjoining property owner who own properties located within 500' and provided a
CAPP summary to the City dated October 18, 2018 in a form consistent with the
requirements of the City; and
Whereas, on March 14, 2019 the Planning and Zoning Commission
recommended that the City Commission approve the rezoning request and
recommended that such approval be subject to numerous conditions; and
Whereas, the City staff, recommended approval of this Ordinance subject to
normative development detailed development requirements and conditions some of
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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 the rezoning of
the subject property as set forth in this Ordinance is consistent with the Comprehensive
Plan of the City of Sanford, the land development regulations of the City of Sanford, 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 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 propertylimplementing actions; Hotel & Resort
Investment CR 46A PD.
(a), Upon enactment of this Ordinance the property, as depicted in the map
attached to this Ordinance shall be rezoned from the zoning classification resulting from a
separate and distinct Hotel & Resort Investment CR 46A PD 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 Hotel & Resort Investment CR 46A 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.
(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 Land Development Code of the City of
Sanford, this rezoning shall expire 5 years from the effective date of this Ordinance if all
improvements have not been completed or an extension granted. All prior extensions are
hereby ratified and affirmed and, as may be needed, granted nunc pro tunc effective the
effective date of this Ordinance.
(2). All development shall be consistent with the land uses and development
standards identified on the Hotel & Resort Investment CR 46A PD Master Plan, dated
November 23, 2018, unless otherwise specifically set forth in any associated
development order; provided, however, that all subsequent development orders shall be
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consistent with the provisions of this Ordinance.
(3). Unless otherwise specified on the Hotel & Resort Investment CR 46A PD
Master Plan, all development shall comply with setback and buffer requirements set forth
in Schedule "J", pertaining to landscape, buffer and tree requirements, of the City's LDRs.
(4). All requirements relating to tree mitigation as established in the City's LDRs
shall be met prior to development of the site.
(5). A decorative and functional fountain shall be installed in any pond that 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.
(6). A dog walk area with waste collection receptacles shall be provided by the
Property Owner as approved by the City.
(7). A comprehensive signage program meeting the standards of the City's
LDRs shall be required relative to the entire site.
(8). A School Capacity Availability Letter of Determination from the Seminole
County School District is required prior to final engineering approval.
(9). All commercial elements of the development shall be in accordance with
Schedule "G", pertaining to architectural design standards, of the City's LDRs.
(10). The following design elements shall be considered during the development
plan review; provided, however, that any dispute relative to the following matters shall be
resolved by the Planning and Zoning Commission, after a public hearing, by means of a
development order relating thereto:
(A). Site improvements may include the incorporation of low
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impact development (oftentimes referred to as "LID") techniques and
crime prevention through environmental design (oftentimes referred
to as "CPTED") guidelines.
(B). Elements of each building shall 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 agreed to by the City.
(C). Architectural elevations reflecting design elements
consistent with the surrounding developments shall be required and
reviewed during the development plan review process.
(11). Unless specifically requested and approved on the referenced PD Master
Plan, any required elements missing from or not shown on the said PD Master Plan shall
otherwise comply with the City's Land Development Regulations.
(12). If City staff and the Property Owner is unable to agree to the details of these
conditions, in any way, the matter will be submitted to the Planning and Zoning
Commission, for resolution at a public hearing, and the matter will be adjudicated by
means of a development order or denial development order relating thereto.
Section 3. Incorporation of map and PD Master Plan for Hotel & Resort
Investment CR 46A PD.
The map attached to this Ordinance is hereby ratified and affirmed and
incorporated into this Ordinance as a substantive part of this Ordinance amending the
Hotel & Resort Investment CR 46A PD.
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Section 4. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed. City staff shall harmonize the approval and actions set forth herein together
which those taken relative to the Hotel & Resort Investment CR 46A PD with all past
actions of the City relative to the property being hereby ratified and affirmed.
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 Land Development Code of the City of Sanford; 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 immediately upon enactment.
Passed and adopted this 10th day of June, 2019.
Attest:
&Na '�011M,
Traci Houchin, CMC, FCRM
City Clerk �I,NFfl
Approved as to form and legal s
V
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City Commission o the City of
Sanford, Florida t�
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