4604 PD Rezone 21.6 acres at 1150 Upsala RoadOrdinance No. 2021-4604
An ordinance of the City of Sanford, Florida relating to a Planned
Development (PD) by rezoning 21.6 acres in size and adding acreage
to and amending the specific uses and development standards within
a portion of the Paulucci PD and creating the NRP St John's PD;
approving a PD master plan; providing for the rezoning of real
property located at 1150 Upsala Road and assigned Tax Parcel
Identification Number: a portion of 28-19-30-606-0000-0270 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 NRP St John's 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 1150 Upsala Road as a Planned Development (PD) zoning
classification/district being named the NRP St John's PD which results from revising a
portion of the existing Paulucci PD; and
Whereas, the owner of the NRP St John's PD property is Paul V. Mellini,
Successor Trustee; and
Whereas, the applicant is Noam Magence with Seminole SJ Apts., LLQ and
Whereas, the existing Paulucci PD totals approximately 45.17 acres in size
consisting of 2 parcels fronting Upsala Road to the east and Rinehart Road to the west;
and
Whereas, the NRP St John's PD property rezoning application requests
amendment of a portion of the parcel that fronts Upsala Road to the east; and
Whereas, the subject NRP St John's PD property totals 21.6 acres in size and
is located on the west side of Upsala Road, about 400' north of St Johns Parkway and
south of Westlake Apartments; and
Whereas, the City Commission enacted Ordinance Number 3499 on August 9,
1999 creating the Paulucci PD; and
Whereas, the subject NRP St John's PID property is within Sub -Area 8 of the
2015 Seminole County/City of Sanford Joint Planning Agreement (JPA) and this area
should be reserved for target industry and SunRail supporting development as there is
limited vacant acreage available on which target industry will site and single-family and
low density residential developments are not compatible within this area; and
Whereas, the underlying future land use designation of the property is WIC,
Westside Industry & Commerce, a mixed use designation intended to promote the
development of employment centers in the vicinity of the West State Road 46 corridor
and the commuter rail station; and
Whereas, the WIC, Westside Industry & Commerce, future land use
designation permits both a vertical and horizontal land use mix of industrial, commercial,
office and residential with a maximum intensity for commercial, office, and industrial
development being a floor area ratio of 0.50 and the maximum residential density is
designated to be 20 dwelling units per acre; and
Whereas, the West State Road 46 corridor's proximity to Interstate Highway 4
as well as to State Road 417 and the SunRail commuter line provides access to regional
markets and a substantial labor force; and
Whereas, the CSX Main Rail Line also provides a transportation amenity of
regional significance; and
2 1 P
Whereas, the property owner has requested to amend a portion of the existing
Paulucci PD and proposes to develop a single use multiple family residential
development of 352 multi -family apartment units with a density of 16.3 dwelling units per
acre on the eastern 21.6 acres fronting Upsala Road; and
Whereas, along with the development standards specific to the type of
multi -family development proposed and those listed in the table below, the applicant has
provided a detailed explanation of the requested deviations to the multiple family housing
design guidelines per Schedule "E" of the City of Sanford's Land Development
Regulations (LDRs):
Design Required
Standard
Provided Difference (%)
Parking
10' x 20' Parking Dimension for
9' x 18' Parking
Stall
multi -family
Dimension for
19% decrease
Dimension
multi -family
Parking
2 spaces per unit or 704 spaces
1.7 spaces per unit or
15% decrease
599 spaces
Landscape
10' minimum Per Schedule 'T' of
Buffer -
the City's LDRs
0'
100% decrease
North
Building
Height
35'
60'
41.7% increase
I
; and
Whereas, the NRP St John's PD action taken herein supports the Update
Regulatory Framework and Redevelop and Revitalize Disadvantaged Communities
strategic priorities of the City and the currently vacant property would potentially be
assessed the City's millage rate for the multi -family use and generate additional ad
valorem and utility revenues for the City; and
Whereas, a modified Citizens Awareness and Participation Plan Process
(CAPP) was completed due to COVID-19 by the project engineer, Chad Moorhead, P.E.,
of Madden, Moorhead & Stokes, LLC, of Maitland, who transmitted a notification letter to
all property owners owning property within a buffer a buffer area of 500' and. a summary
of the CAPP process has been provided to the City and is satisfactory to the City; and
Whereas, the City of Sanford's Planning and Zoning Commission, as the City's
local planning agency, held a public hearing on April 1, 2021 to consider the rezoning
action herein approved and recommended approval of the NRP St John's 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 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 planning and development 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;
MM
Whereas, the City Commission of the City of Sanford, Florida has taken all
actions relating to the NRP St John's PID 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 NRP St
John's PD.
(a), Upon enactment of this Ordinance the subject property, as depicted in the
map attached to this Ordinance shall be rezoned to the NRP St John's 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 NRP St John's 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). Unless specifically requested and approved on the NRP St John's PD, any
required elements missing from or not shown on the NRP St John's PD shall comply with
the City's LDRs.
(3). The NRP St John's PD property shall be developed generally in accordance
with the land uses and development standards identified on the NRP St John's PD
Master Plan, dated February 26, 2021, 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. The Paulucci PD
remainder shall be subject to the ordinance and development orders creating and
implementing that PD.
(4). A development plan prepared and sealed by a licensed Florida professional
engineer meeting the requirements of the City's LDRs must be submitted and approved
prior to any construction on site.
(5). The final design and location of all driveways and access points including,
but not limited to, cross access locations, shall be proposed within and shall be subject to
City approval during, the development plan review and approval process and all cross
access easements shall be on a form approved by the City Attorney.
(6). All requirements relating to tree mitigation as established in the City's LDRs
shall be met prior to development of the PD property.
(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). A dog walk area with waste collection receptacles shall be provided as
determined by the City.
(9). Hardscape elements that complement the overall site layout and
architecture shall be provided as follows:
(a). Architecturally compatible wing walls on any monument signs
fronting a right of way.
(b). Hardscape elements including decorative pavers, colored
concrete or stamped concrete deemed acceptable by the City shall be
7 1
provided at the primary entrances and pedestrian nodes within the
development.
(10). A comprehensive signage program meeting the standards of the City's
LDRs shall be required for the entire development including, but not limited to, the
commercial and multiple family residential uses.
(11). The property owner shall coordinate with LYNX to determine the possible
addition of a bus stop and shelter and/or the extension of bus or transit services to the
site; provided, however, that this condition shall not delay the issuance of a certificate of
occupancy.
(12). Unless specifically requested and approved on the NRP St John's PD
Master Plan or the associated PD Development Order, all development shall comply with:
(a). The Multiple Family Housing Design Guidelines within
Schedule "E", Section 16.0 of the City's LDRs.
(b). Tree mitigation in accordance with Section 4.2 of the City's
LDRs relating to the criteria for tree removal, replacement and relocation.
(c). Light source setback for site lighting shall be no less than
75% of the the width of the buffers identified on the NRP St John's PD
Master Plan.
(13). If City staff and the property owner are unable to agree to the details of this
Development Order 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 NRP St John's PD Master Plan for the
8
NRP St John's 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
NRP St John's 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 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 subject property's zoning classification shall revert to an
un -zoned property status.
9
(c). The non -statutory development agreement reference in Subsection (b).of
this Section shall be and constitute a development order and shall not create contractual
rights of the property owner against the City nor contractual obligations of the City to the
property owner and, to that end, the property owner shall have no contractual rights or
remedies against the City with regard to any land use action of the City.
(d). The City has not waived any rights or remedies by taken the action set forth
herein or in the implementing development agreement and any successive development
orders and reserves any and all rights and remedies available to the City under controlling
law including, but not limited to, the protections under the laws pertaining to sovereign
immunity.
Attest:
Section 7. Effective Date.
This Ordinance shall take effect upon enactment.
Passed and adopted this loth day of May, 2021.
City Commission ofe City of
Sanford, Fjorjda\ A ?I 'd
Traci Houchin, MMC, FCRMIS A Y and
I/ I
City Clerk r,,
Approved as to form and legal suffICT'ho"
William L. Colbert, City Attorney
101 P t u�
fff
PLANNING AND ZONING COMMISSION MEMORANDUM
JANUARY 7, 22021 AGENDA
TO: Planning and Zoning Commission
PREPARED BY: Sabreena Colbert — Senior Planner
SUBMITTED BY: Sabreena Colbert — Senior Planner
SUBJECT: Amend the Planned Development zoning of approximately 21.6 acres to
modify land use and design standards for a portion of the Paulucci PD and
establish the NRP PD, a proposed 352 -unit multiple family residential
development with a project address of 1150 Upsala Road.
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.
SYNOPSIS:
A request to amend the Planned Development zoning of approximately 21.6 acres to modify land
use and design standards for a portion of the Paulucci PD and establish the NRP PD, a proposed
352 -unit multiple family residential development with a project address of 1150 Upsala Road has
been received.
The property owner is Paul V. Mellini, Successor Trustee. The applicant is Noam Magence with
Seminole SJ Apts., LLC. Chad Moorhead, P.E. with Madden, Moorhead and Stokes was
responsible for completing the CAPP requirement.
The Affidavit of Ownership and Designation of Agent form is attached and other information is
available in order to ensure that all potential conflicts of interests are capable of being discerned.
FISCAL/STAFFING STATEMENT:
Based on the 2020 property tax roll of Seminole County, the vacant property had an assessed value
of $1,996. The total tax bill in 2020 was $36.65 based on the existing tax exemptions.
If the NRP St John's PD is approved and subsequently developed, the property will be assessed
the City's millage rate for the commercial/multi-family use and generate ad valorem and utility
revenues for the City accordingly.
No additional staffing is anticipated if the Planned Development is approved.
BACKGROUND:
The existing Paulucci PD totals approximately 45.17 acres consisting of two parcels fronting
Upsala Road to the east and Rinehart Road to the west. The current PD Rezone request is to amend
a portion of the parcel that fronts Upsala Road to the east. The subject property is on the west side
Page l of 5
PH -1
of Upsala Road, about 400' north of St Johns Parkway and south of Westlake Apartments. The
City Commission adopted Ordinance No. 3499 on August 9, 1999 rezoning the property to Planned
Development for the Paulucci PD.
The underlying Future Land Use of the property is WIC, Westside Industry & Commerce, a mixed
use designation intended to promote the development of employment centers in the vicinity of the
West SR 46 corridor and the commuter rail station. The corridor's proximity to 1-4 as well as SR
417 and the SunRail commuter line provides access to regional markets and a substantial labor
force. The CSX Main Rail Line also provides a transportation amenity of regional significance.
The WIC designation permits both a vertical and horizontal land use mix of industrial, commercial,
office and residential. The maximum intensity for commercial, office, and industrial development
is a floor area ratio of 0.50. The maximum residential density is designated to be 20 dwelling units
per acre.
In addition, the subject property is within Sub -Area 8 of the 2015 Seminole County/City of
Sanford Joint Planning Agreement. This area should be reserved for target industry and SunRail
supporting development as there is limited vacant acreage available on which target industry will
site. Single -Family and low density residential developments are not compatible within this area.
The applicant has submitted a request to amend a portion of the existing Planned Development
and propose a single use multiple family residential development on the eastern 21.6 acres fronting
Upsala Road. The proposed development is for 352 multi -family apartment units with a density of
16.3 dwelling units per acre. Along with the development standards specific to the type of multi-
family development proposed and those listed in the table below, the applicant has provided a
detailed explanation of the requested deviations to the multiple family housing design guidelines
per Schedule E.
Design Required Provided Difference
Standard )
Parking
10' x 20' Parking Dimension for
9' x 18' Parking
Stall
multi -family
Dimension for multi-
19% decrease
Dimension
family
Parking
2 spaces per unit or 704 spaces
1.7 spaces per unit or
15% decrease
599 spaces
Landscape
Buffer -
10' minimum Per Schedule J
0'
100% decrease
North
Building
Height
35 feet
60 feet
41.7% increase
The PD amendment supports the Update Regulatory Framework and Redevelop and Revitalize
Disadvantaged Communities strategic priorities. In addition, the currently vacant property would
potentially be assessed the City's millage rate for the multi -family use and generate additional ad
valorem and utility revenues for the City.
A modified Citizens Awareness and Participation Plan process was completed due to COVID-19.
The applicant sent a notification letter to property owners within a 500 -foot buffer on January 22,
2021. A summary of the CAPP process has been provided and is attached.
Staff finds that the amended Paulucci Planned Development and associated master plan
establishing the NRP St John's PD is consistent with the City of Sanford Comprehensive Plan.
Page 2 of 5
PH -1
LEGAL, RMEW:
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 authori 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.
Page 3 of 5
PH -1
The term "development order" is defined as follows and, as can be seen, refers to the "granting,
denying, or granting with conditions [ofl 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).
RF-commENDATION:
It is staff's recommendation that the Planning and Zoning Commission recommend the City
Commission approve the request to amend the Planned Development zoning of approximately
21.6 acres to modify land use and design standards for a portion of the Paulucci PD and establish
the NRP St John's PD, a proposed 352 -unit multiple family residential development with a project
address of 1150 Upsala Road based on consistency with the goals, objectives and policies of the
City's Comprehensive Plan. The following conditions should be considered to accompany any
approval in an associated Development Order:
1. Pursuant to Section 4.3.G of the Land Development Regulations (LDR) of the City of
Sanford, 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. Unless specifically requested and approved on the PD Master Plan, any required elements
missing from or not shown on the PD Master Plan shall comply with the City's LDR.
3. The property shall be developed generally in accordance with the land uses and
development standards identified on the NRP St John's PD Master Plan dated February 26,
2021, 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.
4. A development plan prepared and sealed by a licensed Florida professional engineer
meeting the requirements of the City's Land Development Regulations must be submitted
and approved prior to any construction on site.
5. The final design and location of all driveways and access points including, but not limited
to, cross access locations, shall be proposed within and shall be subject to City approval
during, the development plan review and approval process.
6. All requirements relating to tree mitigation as established in the City's LDR shall be met
prior to development of the site.
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. A dog walk area with waste collection receptacles shall be provided as determined by the
City.
9. Hardscape elements that complement the overall site layout and architecture shall be
provided as follows:
a. Architecturally compatible wing walls on any monument signs fronting a right of
way.
b. Hardscape elements including decorative pavers, colored concrete and/or stamped
concrete deemed acceptable by the City Commission shall be provided at the primary
entrances and pedestrian nodes within the development.
10. A comprehensive signage program meeting the standards of the Land Development
Regulations shall be required for the entire development including, but not limited to, the
commercial and multiple family residential uses.
Page 4 of 5
PH -1
11. The property owner shall coordinate with LYNX to determine the possible addition of a
bus stop and shelter and/or the extension of bus or transit services to the site; provided,
however, that this condition shall not delay the issuance of a certificate of occupancy.
12. Unless specifically requested and approved on the NRP St John's PD Master Plan or the
associated PD Development Order, all development shall comply with:
a. The Multiple Family Housing Design Guidelines within Schedule E, Section 16.0
of the City's LDR.
b. Tree mitigation per Section 4.2 Criteria For Tree Removal, Replacement And
Relocation
c. Light source setback for site lighting shall be no less than 75 percent the width of
the buffers identified on the PD Master Plan.
13. If City staff and the Property Owner are unable to agree to the details of this Development
Order 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.
SUGGESTED MOTION:
I move to recommend the City Commission adopt an Ordinance to amend the Planned
Development zoning of approximately 21.6 acres to modify land use and design standards for a
portion of the Paulucci PD and establish the NRP St John's PD, a proposed 352 -unit multiple
family residential development with a project address of 1150 Upsala Road as recommended by
staff and subject to a Development Order that includes all recommended conditions."
Attachments: Project Information Sheet
Site Zoning Map
Site Aerial Map
Affidavit of Ownership
Capp Summary
School Impact Analysis
Traffic Impact Analysis
Multiple Family Housing Design Guidelines Explanation
Ordinance No. 3499 with Original Master Plan
NRP St John's PD Master Plan, Dated February 26, 2021
T:xDevelopment Review\03-Land Dewlopment\2021\1 150 UpsalaRoad\PW Memo - 1150 Upmla Road.docx
Page 5 of 5
PROJECT INFORMATION — 1150 UPSALA ROAD
PD AMENDMENT
Requested Action: Amend the Planned Development zoning of approximately 21.6 acres to modify land use
and design standards for a portion of the Paulucci PD and establish the NRP St John's PD, a
proposed 352 -unit multiple family residential development with a project address of 1150
Upsala Road.
Existing Uses: Vacant
Project Address: 1150 Upsala Road
Current Zoning: PD, Planned Development
Tax Parcel Numbers: 28-19-30-506-0000-0270 (a portion of)
Site Area: 21.6 acres
Property Owner: Paul V. Mellini, Successor Trustee
201 W. I` Street
Sanford, Florida 32771
Applicant/Agent: Noam Magence, Secretary
Seminole SJ Apts. LLC
1228 .Euclid Avenue, #400
Cleveland, Ohio 44115
Engineer: Chad Moorhead, P.E.
Madden, Moorhead & Stokes, LLC
431 E. Horatio Avenue, Ste. 260
Maitland, Florida 32751
CAPP Meeting: A CAPP notification letter and conceptual site plan were sent to all property owners
within a 500 -foot buffer on January 22, 2021. A CAPP summary is attached.
Commission District: District 2 — Commissioner Kerry S. Wiggins, Sr.
COMPREHENSIVE PLAN COMPLIANCE REVIEW
Planning staff has reviewed the request and has determined the use and proposed improvements to be consistent with
the Goals, Objectives and Policies of the Comprehensive Plan.
Future Land Use: WIC, Westside Industry and Commerce
Existing Land Use: Vacant
Surrounding Uses and Zoning:
Zoning
PD, Planned Development
PD, Planned Development & AG, Agriculture
PD, Planned Development
RI -1, Restricted Industrial
PD, Planned Development
Page 1 of 2
Uses
North
Westlake Apartments
South
Vacant
East
Upsala Business Center
Vacant
West
Vacant
Zoning
PD, Planned Development
PD, Planned Development & AG, Agriculture
PD, Planned Development
RI -1, Restricted Industrial
PD, Planned Development
Page 1 of 2
CONCURRENCY
Concurrency is a finding that public facilities and services necessary to support a proposed development are
available, or will be made available, concurrent with the impacts of the development. The concurrency facilities
evaluated by the City of Sanford include the following:
Drainage: The existing stormwater pond was constructed as part of existing site improvements in
accordance with St. Johns River Water Management District. The predevelopment drainage
flow is to the north into the Smith canal/51' Street ROW.
Roadways: The average daily trips estimated for the overall project is 1,918 trips with 155 PM peak
hour trips. A traffic impact analysis was completed February 2021.
Water: Water services will be provided by the City of Sanford.
Sewer: Sewer services will be provided by the City of Sanford.
LOS Standard Proposed Overall Demand Facility Capacity"
*
Potable Water: 144 gal/capita/day 123,200 gals/day* 9.02 MGD (CUP Capacity)
Sanitary Sewer: 132 gal/capita/day 105,600 gals/day* 9.3 MGD
Solid Waste: 2.46 lbs/capita/day 2,130 lbs/day* 21.5 million tons
The City's Utility Department tracks water and wastewater capacities for all projects once a Florida Department of
Environmental Protection (FDEP) permit has been obtained. The available capacity for a proposed project is verified
but will not be reserved until a FDEP permit is obtained. Below is a breakdown provided by the City of Sanford
Utility Department for current usage within the City:
Potable Water Sanitary Sewer
Recorded 3 -month Average daily flow: - 6.73 MGD
Recorded 12 -month Average daily flow: 7.504 MGD -
Projects with FDEP permits (not in service): 0.806 MGD 0.624 MGD
** As provided by the City of Sanford's Utility Department. (CUP — Consumptive Use Pen -nit)
TADevelopment Review\03-Land Development\2021\1150 Upsala Road\Project Info Sheet - 1150 Upsala Road-.doc
Page 2 of 2
PALP
1—
WSR46 fu
W,
r!\`�IIYmi
I
rTr��
RAMP �'�r
s
i infl/ o // W
OVE CIR
r
SMITH,CANAL.RD
a SITE
tr.
C7
:O WAY
�
-ST'-JOHNS-PKWY
I Ez
z
w'0
k�P
^�
LU
Fq
BEGONIA GV
U
a
PALP
1—
WSR46 fu
W,
r!\`�IIYmi
I
rTr��
RAMP �'�r
m� n miom
ww
i wwwuu
wn
Y INNNNNNINNI
INNNNNNNf
` " �1NINNNNIN
0 gab
i INNIN
i -o
m
i infl/ o // W
OVE CIR
r
SMITH,CANAL.RD
a SITE
tr.
:O WAY
-ST'-JOHNS-PKWY
m� n miom
ww
i wwwuu
wn
Y INNNNNNINNI
INNNNNNNf
` " �1NINNNNIN
0 gab
i INNIN
i -o
m
CITY 01:
PLANNING th DEVELOPMENT
SL-RVIC , DEPAR1IVIEN f
AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
1. Ownership
i, Paul Mellini hereby attest to ownership of the property described below:
Tax Parcel Number(s): 28-19-30-506-0000-0270
Address of Property: UPSALA RD SANFORD FL 32771
for which this Rezone/Master Pian
application is submitted to the City of Sanford.
11. Designation of Applicant's Agent (leave blank If not applicable)
As the owner/applicant of the above designated property for which this affidavit Is submitted, i designate the below named individual
as my agent in all matters pertaining to the application process. In authorizing the agent named below to represent me, or my
company, I attest that the application is made in good faith and that all Information contained in the application is accurate and
complete to the best of my personal knowledge.
Applicants Agent (Print): Noam Magence, Secretary Signature:
Agent Address: Seminole SJ Apia LLC, 1228 Euclid Avenue #400, Cleveland, Ohio 44115
Email: nmagence o@nrpgroup.com216-475-8900
Phone: Fax:
Ili. Notice to owner
A. All changes In Ownership and/or Applicant's Agent prior to final action of the City shall require a new affidavit. If ownership
changes, the new owner assumes all obligations related to the filing application process.
B. if the Owner Intends for the authority of the Applicants Agent to be limited in any manner, please Indicate the limitabons(s)
below. (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc.)
NIA
The owner of the real property associated with this application or procurement activity is a (check one)
o individual o Corporation a Land Trust o Partnership o Limited Liability Company
❑ Other (describe):
I. List all natural persons who have an ownership Interest In the property, which is the subject matter of this petition, by name and
address.
2. For each corporation, list the name, address, and We of each officer; the name and address of each director of the corporation;
and the name and address of each shareholder who owns two percent (2%) or more of the stock of the corporation. Shareholders
need not be disclosed if a corporation's stock are traded publicly on any national stock exchange.
3. In the case of a trust, list the name and address of each trustee and the name and address of the beneficiaries of the trust and the
percentage of Interest of each beneficiary. if any trustee or beneficiary of a trust is a corporation, please provide the Information
required In paragraph 2 above.
Name of Trust, Paul V. WHIM, Successor Trustee of the Jano Pauluccl Revocable Trust a Lois Mae Paullucl Revocable Trust
4. For Partnerships, including limited partnerships, list the name and address of each principal in the partnership, including general
or limited partners. if any partner is a corporation, please provide the Information required in paragraph 2 above.
5. For each limited liability company, list the name, address, and title of each manager or managing member; and the name and
address of each additional member with two percent (2%) or more membership interest If any member with two percent (2%) or
more membership interest, manager, or managing member Is a corporation, trust or partnership, please provide the Information
required In paragraphs 2, 3 and/or 4 above.
Name of LLC:
6. In the circumstances of a contract for purchase, list the name and address of each contract purchaser. If the purchaser is a
corporation, trust, partnership, or LLC, provide the information required for those entities In paragraphs 2, 3, 4 and/or 5 above.
Name of Purchaser:
Date of Contract:
NAME TiTLE/OFFiCE/TRUSTEE ADDRESS
OR BENEFICIARY
% OF
INTEREST
(Use additional sheets for more space.)
7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shalt be
disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains.
8. i affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. I
understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, special
exception, or variance Involved with this Application to become void or for the submission for a procurement activity to be non-
responsive. I certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures
herein.
I 2'5 12-?) 2-1 r' `)� f
DateOwner gent, Applicant Signature
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that o� this day, before me, an officer duty authorized to administer oaths and take acknowledgments,
personally appeared VC(.v 1 V • �`�'(�I11111 (4ivho is personally known to me or () who produced as identification
and acknowledged before me that s/he executed the s e. Sworn and subscribed before me, by by means of
( ) physical presence or() online notarization on the May of 004 I WGf tt J 2026, the said person did take an oath and was first
duly sworn by me, on oath, said person, further, deposing and saying that s/he has read the foregoing and that the statements and
allegations contained herein are true and cerrecL
WITNESS my hand and official seal in the County and State lastaforesaidthis z 1.
y of �C DGuar , 202
LY �C c� al
Not Public; State of Florida
(Afff Noteriai Seal)
Printed Name: tom.
AHltlM d Owrw*Wp - Febuary 2=
i ° a Publt 9
Bond h rmfi' Grp r( SNN p15� jorfdO.
oath Natlona/Nat , 2024
Re: St Johns Site
Parcel lDs: 28-19-30-506-0000-0270
I hereby authorize Seminole SJ Apts LLC (Applicant) and Madden, Moorhead & Stokes,
LLC (Engineer) to apply for and obtain permits and approvals from County/City
Government, Water Management District, Florida Department of Environmental
Protection, Florida Department of Transportation, Army Corps of Engineers and any
other municipality or regulatory entity requiring permits be issued.
Owner Signature Date
Paul V. Mellini, Successor Trustee of the Jeno Paulucci Revocable Trust
& Lois Mae Paulluci Revocable Trust
201 West 181 Street
Sanford, Florida 32771
Email: pg_q�mel gMgjl.corn
Sworn to and subscribed before me this 'V51�h day of J-IIIV(III'V , 2021, by
V4,0i V• M?Ajlru . He/She is personally Jknown -tQjme or has roduced
identification. Type of identification
Name:
Commission No:Y......• REGINA ELIZABET14 RAB'TAILLE
lic - state of Florida
Notary Pub
Commission Expires: NoCommission # HH 015971
µy comm. Expires Jun 29. 2024
"Petry Assn.
Bonded through National Nota
MOORHEAD& STOKES, LLC
March 22, 2021
City of Sanford
Attn: Sabreena Colbert
200 North Park Avenue
Sanford, FL 32771
RE: NRP St. Johns Site — CAPP Summary
PDR21-000002
Dear Sabreena:
We sent out the attached notice and received one phone call from Mr. Kevin Phillips (address of
property: 1811 San Jacinto Cir., Sanford, FL 32771), a homeowner to the northeast of the
property. He was curious as what we were doing, but once I explained it, he was happy with our
development.
If you have any questions or need further information, please do not hesitate to call our office at
407-629-8330.
Sincerely,
&w4wr4 q,
Chadwyck H. Moorhead, P.E.
President
CHM:nwm
HAData\20069\CoACAPP Summary.doc
431 E. Horatio Avenue ■ Suite 260 ■ Maitland, FL 32751 ■ 407-629-8330 ■ FAX 407-629-8336
,,.,.,M•ii
�= Mf30FtHEAD 8STCIKES, LL.0
CIVIL ENGINEERS
January 22, 2021
Subject: NRP St. John's Apartments Upsala Road, City of Sanford
Parcel 28-19-30-506-0000-0270
Dear Neighbor:
This letter is to inform you of the future development of +/- 21.60 Acres located on west side of Upsala Road
approximately 400' north of St. John's Parkway, within the City of Sanford, identified as Parcel 28-19-30-506-
0000-0270 per Seminole County Public Records.
The subject property is currently zoned Planned Development(PD) with a future land use designation of
Westside Industry and Commerce (WIC) and could be entitled for up to 432 units.
Our development application will request a revision to the Planned Development and propose 352 multi -family
units. The proposed site improvements will consist of four 4 story buildings, retention ponds, and amenities to
serve the development.
Attached is our proposed site plan, an aerial map, and a location map. Normally we would have an in person
meeting to discuss specifics, but due to COVID 19 we ask that you contact our office with any questions by
2/5/2021.
Sincerely,
&&4d X001// __
G
Chad Moorhead, P.E.
President
H:\Data\20069\Cor\CAPP invitation 01-22-2021.doc
431 E. Horatio Avenue ■ Suite 260 0 Maitland, FL 32751 ■ 407-629-8330 0 FAX 407-629-8336
CITY COMMISSION MEMORANDUM 21-116
MAY 10, 2021 AGENDA
WS— RM X
Item No. '
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Sabreena Colbert, Senior Planner
SUBMITTED BY: Norton N. Bonaparte, Jr., City M.� 7er
SUBJECT: Amend the Planned Development zonin approximately 21.6 acres to
modify land use and design standard or a portion of the Paulucci PD and
establish the NRP PD, a propose 52 -unit multiple family residential
development with a project add ess of 1150 Upsala Road.
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
® Redevelop and Revitalize Disadvantaged Communities
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.
SYNOPSIS:
A request to amend the Planned Development zoning of approximately 21.6 acres to modify land
use and design standards for a portion of the Paulucci PD and establish the NRP PD, a proposed
352 -unit multiple family residential development with a project address of 1150 Upsala Road has
been received.
The property owner is Paul V. Mellini, Successor Trustee. The applicant is Noam Magence with
Seminole SJ Apts., LLC. Chad Moorhead, P.E. with Madden, Moorhead and Stokes was
responsible for completing the CAPP requirement.
The Affidavit of Ownership and Designation of Agent form is attached and other information is
available in order to ensure that all potential conflicts of interests are capable of being discerned.
FISCAL/STAFFING STATEMENT:
Based on the 2020 property tax roll of Seminole County, the vacant property had an assessed value
of $1,996. The total tax bill in 2020 was $36.65 based on the existing tax exemptions.
If the NRP St John's PD is approved and subsequently developed, the property will be assessed
the City's millage rate for the commercial/multi-family use and generate ad valorem and utility
revenues for the City accordingly.
No additional staffing is anticipated if the Planned Development is approved.
BACKGROUND:
The existing Paulucci PD totals approximately 45.17 acres consisting of two parcels fronting
Upsala Road to the east and Rinehart Road to the west. The current PD Rezone request is to amend
a portion of the parcel that fronts Upsala Road to the east. The subject property is on the west side
of Upsala Road, about 400 feet north of St Johns Parkway and south of Westlake Apartments. The
City Commission adopted Ordinance No. 3499 on August 9, 1999 rezoning the property to Planned
Development for the Paulucci PD.
The underlying Future Land Use of the property is WIC, Westside Industry & Commerce, a mixed
use designation intended to promote the development of employment centers in the vicinity of the
West SR 46 corridor and the commuter rail station. The corridor's proximity to 1-4 as well as SR
417 and the SunRail commuter line provides access to regional markets and a substantial labor
force. The CSX Main Rail Line also provides a transportation amenity of regional significance.
The WIC designation permits both a vertical and horizontal land use mix of industrial, commercial,
office and residential. The maximum intensity for commercial, office, and industrial development
is a floor area ratio of 0.50. The maximum residential density is designated to be 20 dwelling units
per acre.
In addition, the subject property is within Sub -Area 8 of the 2015 Seminole County/City of
Sanford Joint Planning Agreement. This area should be reserved for target industry and SunRail
supporting development as there is limited vacant acreage available on which target industry will
site. Single -Family and low density residential developments are not compatible within this area.
The applicant has submitted a request to amend a portion of the existing Planned Development
and propose a single use multiple family residential development on the eastern 21.6 acres fronting
Upsala Road. The proposed development is for 352 multi -family apartment units with a density of
16.3 dwelling units per acre. Along with the development standards specific to the type of multi-
family development proposed and those listed in the table below, the applicant has provided a
detailed explanation of the requested deviations to the multiple family housing design guidelines
per Schedule E.
Design Required Provided Difference
Standard 9
Parking
10' x 20' Parking Dimension for
9' x 18' Parking
Stall
multi -family
Dimension for multi-
o
19% decrease
Dimension
family
Parking
2 spaces per unit or 704 spaces
1.7 spaces per unit or
15% decrease
599 s aces
Landscape
Buffer -
10' minimum Per Schedule J
0'
100% decrease
North
Building
35 feet
60 feet
41.7% increase
Height
The PD amendment supports the Update Regulatory Framework and Redevelop and Revitalize
Disadvantaged Communities strategic priorities. In addition, the currently vacant property would
potentially be assessed the City's millage rate for the multi -family use and generate additional ad
valorem and utility revenues for the City.
A modified Citizens Awareness and Participation Plan process was completed due to COVID-19.
The applicant sent a notification letter to property owners within a 500 -foot buffer on January 22,
2021. A summary of the CAPP process has been provided and is attached.
Staff finds that the amended Paulucci Planned Development and associated master plan
establishing the NRP St John's PD is consistent with the City of Sanford Comprehensive Plan.
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 pen -nit 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 [ofl 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).
The City Commission approved the first reading of Ordinance No. 4604 on April 26, 2021.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on April 28, 2021.
RECOMMENDATION:
On April 1, 2021, the Planning and Zoning Commission unanimously recommended (7-0) that the
City Commission adopt an ordinance approving the request to amend the Planned Development
zoning of approximately 21.6 acres to modify land use and design standards for a portion of the
Paulucci PD and establish the NRP St John's PD, a proposed 352 -unit multiple family residential
development with a project address of 1150 Upsala Road based staff's recommendation and
consistency with the goals, objectives and policies of the City's Comprehensive Plan.
The following conditions should be considered to accompany any approval in an associated
Development Order:
1. Pursuant to Section 4.3.G of the Land Development Regulations (LDR) of the City of
Sanford, 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. Unless specifically requested and approved on the PD Master Plan, any required elements
missing from or not shown on the PD Master Plan shall comply with the City's LDR.
3. The property shall be developed generally in accordance with the land uses and
development standards identified on the NRP St John's PD Master Plan dated February 26,
2021, 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.
4. A development plan prepared and sealed by a licensed Florida professional engineer
meeting the requirements of the City's Land Development Regulations must be submitted
and approved prior to any construction on site.
5. The final design and location of all driveways and access points including, but not limited
to, cross access locations, shall be proposed within and shall be subject to City approval
during, the development plan review and approval process.
6. All requirements relating to tree mitigation as established in the City's LDR shall be met
prior to development of the site.
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. A dog walk area with waste collection receptacles shall be provided as determined by the
City.
9. Hardscape elements that complement the overall site layout and architecture shall be
provided as follows:
a. Architecturally compatible wing walls on any monument signs fronting a right of
way.
b. Hardscape elements including decorative pavers, colored concrete and/or stamped
concrete deemed acceptable by the City Commission shall be provided at the primary
entrances and pedestrian nodes within the development.
10. A comprehensive signage prograrn meeting the standards of the Land Development
Regulations shall be required for the entire development including, but not limited to, the
commercial and multiple family residential uses.
11. The property owner shall coordinate with LYNX to determine the possible addition of a
bus stop and shelter and/or the extension of bus or transit services to the site; provided,
however, that this condition shall not delay the issuance of a certificate of occupancy.
12. Unless specifically requested and approved on the NRP St John's PD Master Plan or the
associated PD Development Order, all development shall comply with:
a. The Multiple Family Housing Design Guidelines within Schedule E, Section 16.0
of the City's LDR.
b. Tree mitigation per Section 4.2 Criteria For Tree Removal, Replacement And
Relocation
c. Light source setback for site lighting shall be no less than 75 percent the width of
the buffers identified on the PD Master Plan.
13. If City staff and the Property Owner are unable to agree to the details of this Development
Order 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.
Additional comments or recommendations may be presented by staff at the meeting.
SUGGESTED MOTION:
"41 move to adopt Ordinance No. 4604."
Attachments: Project Information Sheet
Site Zoning Map
Site Aerial Map
Affidavit of Ownership
Capp Summary
School Impact Analysis
Traffic Impact Analysis
Multiple Family Housing Design Guidelines Explanation
Ordinance No. 3499 with Original Master Plan
NRP St John's PD Master Plan, Dated February 26, 2021
Ordinance No. 4604
TADevelopment Review\03-Land Development\2021\1 150 Upsala RoadTOCC Memo -1150 Upsala Road PD Rezone.doex