4215 Rezone TuscanyOrdinance No. 4215
An ordinance of the City of Sanford, Florida relating to the Tuscany
Village planned development; providing for the rezoning of real
property totaling approximately 14.52 acres in size (consisting in two
parcels of 9.55 acres and 4.97 acres respectively) and located at 165
Elder Road and 4201 West First Street (Property Appraiser Tax
Parcel Identification Numbers: 28- 19 -30- 506 - 0000 -0050, 28-19-30-506 -
0000 -005A, 28- 19 -30- 506 - 0000 -0060, 28- 19 -30- 506 - 0000 -006A and 28-
19-30- 506 - 0000 -0070) within the City Limits (map of the property
attached) from Planned Development ( "PD ") as approved in
Ordinance Number 3980, enacted on April 10, 2006, and Ordinance
Number 4200, enacted on January 11, 2010, to the Tuscany Village
PD; providing for the taking of implementing administrative actions;
providing for the adoption of a map by reference; repealing all
conflicting ordinances; providing for severability; providing for non -
codification and providing for an effective date.
Whereas, N/T Florida Sanford, LLC MMM Investments, LLC are the owners of
certain real property, totaling approximately 14.52 acres in size (consisting in 2 parcels
of 9.55 acres and 4.97 acres respectively) and located at 165 Elder Road and 4201
West First Street, and they applied to the City of Sanford, 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 Planned Development ("PD") zoning classification; and
Whereas, the applicants have applied to rezone the subject 14.52 acres of real
property in order to develop a mixed use development project providing for mixed use
retail, professional office and hotel uses; and
Whereas, the City's Planning and Development Services Department has
conducted a thorough review and analysis of the demands upon public facilities should
the subject rezoning application be approved; and
Whereas, a Citizen's Awareness Participation Plan (CAPP) requirements of the
City relative to the proposed rezoning to a new PD have been satisfied; and
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Whereas, on June 3, 2010 the Planning and Zoning Commission of the City of
Sanford recommended that the City Commission approve the subject rezoning as set
forth in this Ordinance and, together with the recommendations of the City staff,
recommended normative development conditions such as, but not limited to, the
requirement that a development plan relating to the property be prepared by a Florida
registered engineer and be submitted, reviewed and approved; and
Whereas, the Planning and Zoning Commission and the City Commission have
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 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 Tuscany Village PD Master Plan provides for a floor area ratio of 0.5
with a maximum development of 316,268 square feet. The development relies upon a
reduction in the required parking ratio by 35% based on a parking study and trip
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generation analysis that recognizes the mixed use character of the project and
proximity of existing bus service and the proposed SunRail station near the site. As
approved with other mixed use projects, the City's Land Development Regulations
allows the Planning and Zoning Commission to consider reducing the number of
required off - street parking spaces when the applicant demonstrates proper cause with a
parking study prepared by a traffic engineer or traffic planner. The Tuscany Village PD
Master Plan also provides for a maximum height of 100' to accommodate a potential 6
or 7 level hotel development which would provide for a range of 120 to 200 rooms.
(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.
(a), Upon enactment of this Ordinance the following property, as depicted in
the map attached to this Ordinance and totaling approximately 14.52 acres in size
(consisting in two parcels of 9.55 acres and 4.97 acres respectively) and located at 165
Elder Road and 4201 West First Street, shall be rezoned from the zoning
classification resulting from separate and distinct Planned Development ( "PD ") zoning
actions by the City as approved in Ordinance Number 3980, enacted by the City
Commission on April 10, 2006, and Ordinance Number 4200, enacted by the City
Commission on January 11, 2010, to a new PD (Property Appraiser Tax Parcel
Identification Numbers: 28- 19 -30- 506 - 0000 -0050, 28- 19 -30- 506 - 0000 -005A, 28- 19 -30-
506 - 0000 -0060, 28- 19 -30- 506 - 0000 -006A and 28- 19 -30- 506 - 0000 - 0070). The subject
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property is also described as:
The South 321.2' of the West 315.49' of Lot 5 (less the West 10' for road)
of the Plat of SMITH'S THIRD SUBDIVISION, as recorded at Plat Book 1,
Page 86 of the Public Records of Seminole County,
together with:
Lot 5 (less the South 321.2') of the Plat of SMITH'S THIRD
SUBDIVISION, as recorded at Plat Book 1, Page 86 of the Public Records
of Seminole County,
together with:
Lot 6 (less the South 132') of the Plat of SMITH'S THIRD SUBDIVISION,
as recorded at Plat Book 1, Page 86 of the Public Records of Seminole
County,
together with:
The South 132' of Lot 6 of the Plat of SMITH'S THIRD SUBDIVISION, as
recorded at Plat Book 1, Page 86 of the Public Records of Seminole
County,
together with:
Lot 7 of the Plat of SMITH'S THIRD SUBDIVISION, as recorded at Plat
Book 1, Page 86 of the Public Records of Seminole County.
(b). The City Manager, or designee, is hereby authorized to execute any
documents necessary to formalize approval of the rezoning action taken herein 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, but are not limited to, the
following:
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(1). Pursuant to Section 4.3.G of the Land Development Code of the City of
Sanford, this rezoning shall expire 3 years from the effective date of the approval of this
Ordinance if all improvements have not been completed or an extension granted.
(2). The property shall be developed generally in accordance with the land
uses and development standards identified on the Tuscany Village PD Master Plan,
dated May 18, 2010, unless otherwise specifically set forth in this Ordinance.
(3). The project may not exceed the maximum development entitlements as
set forth in development standards on the Tuscany Village PD Master Plan without
approval of the Planning and Zoning Commission.
(4). All wet stormwater ponds within the subject property shall contain a
decorative fountain feature approved by the City.
(5). The final design and location of all driveways and access points including,
but not limited to, cross access locations throughout the project, shall be determined,
and shall be subject to City approval, during development plan review.
(6). Required parking will be based on the actual use of the building or area
and consistent with the parking study as presented with the Tuscany Village PD Master
Plan.
(7). Stormwater design requirements may be increased by the City if
warranted on the basis of technical requirements and generally accepted engineering
practices and principles. The stormwater system shall be constructed to urban design
standards, as approved by the City, including, but not limited to, closing /piping open
ditches.
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(8). Dedicated pedestrian walkways shall be designed to connect all buildings
to the surrounding streets, external sidewalks, transit stops and out parcels.
(9). Outside storage or display of vending machines, pay phones, news racks,
or similar structures are prohibited within the project and all such appurtenances shall
be contained within enclosed buildings.
(10). If the City of Sanford, Seminole County and Lynx determine that
enhancements to the existing bus stop or relocation of the bus stop would be
appropriate for this project; the property owner(s) shall coordinate that use with the
aforementioned agencies of government and take such implementing actions as may
result from such coordination.
(11). The property owner(s) shall improve Elder Road as required by Seminole
County and /or the City. The extent of improvements will be determined, by the City,
during the development plan review process and shall be generally based upon the final
design and traffic study as evaluated by the City.
(12). Automotive (vehicular uses), funeral home, mortuary and crematory,
industrial and agriculture uses are prohibited on the subject property together with such
other prohibited uses as may be set forth in controlling law, code, ordinance, rule,
regulation or policy.
(13). An easement for City services, in a form and of a content approved by the
City, 15' in width and running along State Road 46, shall be granted to the City, at no
cost to the City, no later than 6 months from the effective date of this Ordinance, but, in
any event, prior to any certificate of occupancy is issued in implementation of the
Tuscany Village PD Master Plan. The property owners agree that the City has shown
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an essential nexus between a legitimate City interest and the conditions imposed herein
including, but not limited to, this one relating to the grant of an easement and further
agree that the City has established that all proposed conditions are roughly proportional
to the impacts of the development upon the public and problems addressed herein
based upon an individualized determination that the required dedication and
commitments are related in both nature and extent to the impacts of the proposed
development.
Section 3. Incorporation of map. The map attached to this Ordinance is
hereby ratified and affirmed and incorporated into this Ordinance as a substantive part
of this Ordinance.
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. 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.
Section 7. Effective Date This Ordinance shall take effect immediately upon
enactment.
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Passed and adopted this 9 th day of August, 2010.
Attest.
City Commission of the City of
Sanford lorida
Linda Ku n, Mayor
Approved as to form and legal tufficiency.
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