4594 PD Rezone Ethnos 360 1701 Celery AvenueOrdinance No. 2021-4594
An ordinance of the City of Sanford, Florida relating to the
amendment of a Planned Development (PD) by rezoning 69.7 acres in
size and amending the specific uses and development standards
within the Ethnos 360 PD (converting lots of 60' in width to 50' in
width); approving a PD master plan; providing for the rezoning of real
property located at 1701 Celery Avenue and assigned Tax Parcel
Identification Numbers: 32-19-31-300-0220-0000,
31-19-31-300-0020-0000, 31-19-31-300-0290-0000 and
32-19-31-300-071A-0000 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 1701 Celery Avenue as an amended Planned Development (PD) zoning
classification/district being named the Amended Ethnos 360 PD which results from
revising the existing Ethnos 360 PD; and
Whereas, the PD property is located on the south side of Celery Avenue
between Mellonville Avenue and Brisson Avenue; and
9-M
Whereas, the PD property is 69.7 acres in size of which 29.5 acres are vacant;
Whereas, the PD property is owned by New Tribes Mission Inc. which is an
international, theologically evangelical Christian mission organization who is, for
purposes of U.S. tax law, is considered to be a public charity, or a "Section 501(c)(3)
organization", and, as such, is also exempt from Federal, State, and local income and
property taxes; and
Whereas, the applicant, making application for the PD approval on behalf of
the Property Owner is William E. Burkett of Burkett Engineering; and
Whereas, the PD property is not within a Planning Sub -Area of the 2015 City of
Sanford/Seminole County Joint Planning Agreement; and
Whereas, a Citizen Awareness and Participation Plan (CAPP) meeting
adhering to the requirements of the City has been held virtually on August 5, 2021 and a
report was submitted to the City in accordance with CAPP requirements; and
Whereas, the applicant is now proposing to amend the Ethnos 360 PD by
converting lots of 60' in width to 50' in width; and
Whereas, on June 10, 2019 the City Commission enacted Ordinance Number
4499, amended the former New Tribes Mission PD. and replaced it with the Ethnos 360
PD subject to the conditions in Development Order Number 19-10 with the PD Master
Plan approving the following uses: single family, multi -family, senior housing (including,
but not limited, to assisted living facility, independent living facility and memory care),
lodge, RV Park and ancillary facilities (including, but not limited to, a maintenance
building +/- 15,000 square feet in size, a storage building and an outside storage area;
and
Whereas, the PD Master Plan was approved for 118 single-family residential
lots with a minimum lot width of 60', but it is now being asserted that market demand is
driving the need for lots which are 50' in width; and.
Whereas, the requested amendment to the PD proposes the following
modifications with no change to the other approved uses on the PD.:
21
Single Family
Increase by
Single Family Residential subdivision shall
50 -foot Wide Lots
0 do
118
118 conform to City of Sanford Schedule D Planned
. .. ... .
. . . . ... ................. - __--
Development Regulations
- ----- ....... ........ . ........ ....
Single Family
118 du
Reduce by
0
60 -foot Wide Lots
118 Lots
Multi -Family Design Standards shall conform to
Multi -Family
296 units
None
296 units Schedule E, Section 16.0 Multiple Family
Housing Design Guidelines.
.... ....................... ----------- ------- _-1 ------
Residential Care
330
ALF/Residential Care Facilities shall conform to
Facility
residents
None
330 Residents City of Sanford Schedule G Architectural
................
..... .. ........
Design Standards.
. ... ....... .. . ...... ...............................
Lodge Facilities shall conform to City of
Lodge
I
None
I Sanford Schedule G Architectural Design
Standards
Whereas, the City of Sanford's Planning and Zoning Commission, as the City's
local planning agency, held a public hearing on February 4, 2021 to consider the rezoning
action herein approved and recommended approval of the Ethnos 360 PD for the subject
property as requested by the Property Owner by a vote of 3 to 2 with 2 Members of the
P&ZC being absent; 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;
RTI
3 11' c, c
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 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;
and
Whereas, the City Commission of the City of Sanford, Florida has taken all
actions relating to the Amended Ethnos 360 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.
4 1
(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 Amended
Ethnos 360 PD.
(a), Upon enactment of this Ordinance the subject property, as depicted in the
map attached to this Ordinance shall be rezoned to the Amended Ethnos 360 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 Amended Ethnos 360 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 Amended Ethnos 360 PD
Master Plan, dated November, 2020, as modified as a result of additional conditions,
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.
5
(3). The total number of residential units shall be determined at the time of
engineering plan review based on a final survey; provided, however, that greater than 15
dwelling units per acre shall not be permitted in total for the development.
(4). Unless specifically requested and approved on the New Tribes Mission
Homes for Amended Ethnos 360 PD Master Plan or the associated development order,
any required elements missing from or not shown on the PD Master Plan shall otherwise
comply with the City's LDRs.
(5). All residential elements of the development shall be in accordance with
Schedule "D" — Residential Planned Development, of the City's LDRs. A waiver was given
from Schedule D for the 4' high masonry wall along subdivision perimeter. Applicant shall
coordinate with staff regarding appropriate buffer during PSP.
(6). Unless specifically requested and approved on the Amended Ethnos 360
PD Master Plan or the associated PD Development Order, all development shall comply
with:
(a). Tree mitigation in accordance with Section 4.2 - Criteria For Tree
Removal, Replacement And Relocation — of the City's LDRs.
(b). Multi -family design standards within Schedule "E", Section 16.0 of
the City's LDRs.
(c). All commercial elements of the development shall be in accordance
with Schedule "G" — Architectural Design Standards - of the City's LDRs.
(d). Lodge Facilities shall conform to Schedule "G" of the City's LDRs.
(e). ALF/Residential Care Facilities shall conform to Schedule "G" of the
City's LDRs.
5 1 P -1 .E12 1.
(7). A preliminary subdivision plan and subdivision improvement plan shall be
submitted and subject to approval by the City with all construction activity being subject to
approval by the City, and a subsequent subdivision plat being reviewed, approved and
recorded, in accordance with the provisions of Chapter 177, Florida Statutes, prior to the
issuance of any certificates of occupancy.
(8). 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.
(9). An aluminum fence, or similar shall be provided along the north side of
`Pond Tract A' if the Administrative officials determines that it is in the public's best
interest due to health or safety concerns.
(10). All air conditioning units, mechanical units or other similar appurtenances
shall be in the rear of each lot.
(11). Delineate the walking trail as a formal recreational amenity.
(12). Provide access from the south to the walking trail.
(13). The Property Owner shall install sidewalks, a minimum of Fin width on both
sides of all streets.
(14). A School Capacity Availability Letter of Determination letter shall be
required from the Seminole County School District prior to the recording of the final plat.
(15). 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
71
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.
(16). The non single-family residential parcel, 10 acres in size, shall be limited to
lodging, maintenance and ancillary outdoor storage and outdoor recreational vehicle
(RV) storage only; provided, however, that RV lodging is prohibited and unlawful.
(17). Reduce the require setback between the RV parking and the proposed
single family to 100 feet.
(18). No more than 35 RV spaces may be developed on the RV site with this
maximum amount including the existing RV spaces existing on the RV site as of April,
2019 and 15 additional RV spaces for a maximum total of 35 RV spaces.
(19). Upon sale or transfer of the PD property, the right to use the said property
for RV storage, parking and use, of any type or nature, shall forever lapse and terminate.
(20). The use of the RV spaces on the RV site shall be limited to use by
volunteers of the Property Owner who have traveled to Sanford, Florida for the express
purpose of volunteering their services to the landowner in support of the landowner's
missionary support services.
(21). In no event may the RV site be used for commercial purposes. To enforce
this provision, the City Commission, or designee, may at any time, but no more frequently
8 11'
than once each calendar year, require from the Property Owner written certification that
the use of RV spaces on the RV site is limited to volunteers providing their services to the
Property Owner in support of the Property Owner's missionary services.
(22). The resolution of all disputes arising from development under the Amended
Ethnos 360 PD shall be resolved by the Planning and Zoning Commission unless
otherwise specifically provided by controlling law.
Section 3. Incorporation of map and Amended Ethnos 360 PD Master Plan
for the Amended Ethnos 360 PD.
The map attached to this Ordinance is hereby ratified, affirmed, and incorporated
into this Ordinance as a substantive part of this Ordinance establishing the Amended
Ethnos 360 PD as is the Amended Ethnos 360 PD Master Plan, as modified as a result of
additional conditions.
Section 4. Conflicts.
All ordinances or parts 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
9 11
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.
Section 7. Effective Date.
This Ordinance shall take effect upon enactment.
Passed and adopted this 26th day of April 2021.
Attest: City Commission of the
the City of
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Sanrd, F6rjoia) A 1 .
�Mb qkI_J(IIL" low 01
Traci Houchin, MMC, FCRM 'oo&6 Mayor
Approved
Approved as to form and legal su iia i,
William COlbert, City Attorney
10 1 P I e
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RICAN
, vlo5y 78 ani ,r,
FLORIDA
CITY COMMISSION MEMORANDUM 21.101
APRIL 26, 2021 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Jordan Smith, AICP, PP — Senior Planned%
WS RM X
Item No. 01. A --
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager J
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6
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SUBJECT: Amend a portion of the approved Ethnos PD at 1701 Celery Avenue
by converting the approved 60 -foot wi lots to 50 -foot wide lots for the
single family residential portion of e Ethnos 360 PD
THIS IS A QUASI-JUDICIAL MATTER AND, A,§ 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
Z Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A request to amend a portion of the approved Ethnos 360 PD at 1701 Celery Avenue by converting
the approved single family residential entitlements from meeting the SR -1 zoning criteria (60 -foot
wide lots) to minimum 50 -foot wide lots for the single family residential portion of the Ethnos 360
PD has been received.
The property owners are New Tribes Mission, Inc. The applicant is William E. Burkett of Burkett
Engineering who was responsible for completing the required CAPP meeting.
The Affidavit of Ownership and Designation of Agent form is attached and additional information
is available in order to ensure that all potential conflicts of interest are capable of being discerned.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the subject property is vacant.
Based on the 2020 property tax roll of Seminole County, the parcel has an assessed value of
$749,961. The total tax bill for the parcels in 2020 was $0. Ethnos 360 formerly known as New
Tribes Mission (NTM), is an international, theologically evangelical Christian mission
organization. For purposes of U.S. tax law, churches are considered to be public charities, also
known as Section 5 01 (c)(3) organizations. As such, they are exempt from federal, state, and local
income and property taxes.
Page I of 7
Amending the PD to modify the existing approved uses in the mixed use Residential PD will
generate utility revenues for the City as well as having an impact on public facilities and services.
No additional staffing is anticipated if the amended PD is approved as submitted.
BACKGROUND:
The City of Sanford's Planning and Zoning Commission, as the City's local planning agency, held
a public hearing on February 4, 2021 to consider the amendment to allow 40' minimum width lots
to the Ethnos 360 PD and recommended approval by a vote of 3 to 2 with 2 members being absent.
The two members who recommended denial stated the proposed PD amendment is not
compatible/consistent with surrounding land uses and development patterns
On February 22, 2021, the City Commission considered the applicants original request to amend
a portion of the approved Ethnos 360 PD at 1701 Celery Avenue by converting the approved SR -
1 zoning criteria to allow minimum 40 -foot wide lots for the single family residential portion of
the Ethnos 360 PD. The City Commission expressed concern about the 40 foot wide lot size and
5' side yard setbacks. The item was continued to the April 12, 2021 City Commission meeting to
allow the applicant to meet with City staff to discuss concerns and submit a revised Master Plan.
The subject site is 69.7 acres of which 29.02 acres are vacant. The site is located on the south side
of Celery Avenue between Mellonville Avenue and Brisson Avenue. On June 10, 2019, the City
Commission approved Ordinance No. 4499 amending the former New Tribes Mission PD and
replacing it with the Ethnos 360 PD subject to the conditions in Development Order 19-10.
The PD Master Plan was approved for single family; multi -family; senior housing including but
not limited to assisted living facility, independent living facility and memory care; lodge; RV Park
and ancillary facilities including but not limited to +/- 15,000 square foot maintenance building,
storage building and outside storage area. The PD Master Plan was approved for 118 single-family
residential lots not to exceed six dwelling units per acre with dimension regulations for the SR -1
zoning district or a 296 multi -family dwelling unit not to exceed 15 dwelling units per acres
conforming to Schedule E, Section 16 — Multiple Family Housing Design guidelines or a 330 bed
residential care facility conforming to Schedule G — Architectural Design Standards.
The applicant held a virtual Citizen Awareness and Participation (CAPP) meeting on Wednesday,
August 5, 2020. A summary of the CAPP meeting is provided. Per the CAPP summary, there were
no negative comments from the neighbors about the proposed PD amendment with 40' wide lots
as they are not increasing the residential density.
The subject property is not within a Planning Sub -Area of the 2015 City of Sanford/Seminole
County Joint Planning Agreement (JPA).
The applicant has submitted a Traffic Impact Analysis (TIS) which is provided. Access to the
residential development will be provided via one full driveway aligned with Celery Key Drive.
The lodge/hotel units will share the existing driveway for Ethnos 360 which uses Mission
Boulevard for direct access onto Celery Avenue. The traffic analysis indicates that the study
roadway segments and intersection segments are currently operating at acceptable LOS. The
proposed development, if developed to the highest extent possible (296 multifamily units) will
generate a total of 2,538 new daily trips of which 152 trips will occur during the AM peak hour
and 181 trips will occur during the PM peak hour. The study roadway and intersection segments
are projected to operate at an acceptable LOS at project buildout which is 2024.
A School Capacity Availability Determination has been provided and is attached to the report.
Page 2 of 7
At the April 12, 2021 City Commission meeting, the applicant presented a revised master plan for
consideration. The applicant increased the lot size to 50 feet and increased the side yard setback to
6 feet.
The applicant has submitted the following requested amendments to the Ethnos 360 PD:
• Request to reduce minimum required lot size from 6,000 square feet to 5,750 square feet
(4.1 percent decrease)
• Request to reduce minimum lot width at building line from 60 feet to 50 feet (16.6 percent
decrease)
• Request to reduce minimum required side yard setback from 7.5 feet to 6 feet (20 percent
decrease)
• Request to eliminate requirement for fencing around retention pond
• Request to remove flag lot driveway separation requirements
• Request to reduce minimum recreation open space width from 20 feet to 10 feet (50%
decrease)
The requested amendment to the I'D proposes the following modifications:
Single Family
50 -foot Wide
Lots
Single Family
60 -foot Wide
Lots
Multi -Family
Residential Care
Facility
Lodge
0 du
Increase by
118
118 du
Reduce by
118 Lots
296 units
None
330
ALF/Residential Care Facilities shall
residents
None
I
None
118
ouir,it, i aiwuy VQ31UQ11Ua1 5UUUIVI5IVII
shall conform to City of Sanford
Schedule D Planned Development
Regulations
0
Multi -Family Design Standards shall
296 units
conform to Schedule E, Section 16.0
Multiple Family Housing Design
Guidelines.
330
ALF/Residential Care Facilities shall
Residents
conform to City of Sanford Schedule G
Architectural Design Standards.
Lodge Facilities shall conform to City
I
of Sanford Schedule G Architectural
Design Standards
On April 12, 2021, the City Commission approved the first reading of Ordinance No. 4594 to
amend a portion of the approved Ethnos 360 PD at 1701 Celery Avenue by converting the
approved SR -1 zoning district criteria for single family development to allow 50 -foot wide lots for
the single family residential portion of the Ethnos 360 PD with the following additional conditions
as discussed at the City Commission meeting:
1. Reduce required setback between the RV parking and the proposed single family to the north,
from 150 feet to 100 feet
2. Delineate the walking trail as a formal recreational amenity.
3. Provide access from the south to the walking trail.
Page 3 of 7
4. An aluminum fence, or similar, shall be provided around `Pond Tract A' if the Administrative
Official determines that it is in the public's best interest due to health or safety concerns.
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.
Page 4 of 7
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).
On February 22, 2021, the City Commission moved to continue the first reading of Ordinance No.
4594 to March 22, 2021.
On March 22, 2021, the City Commission moved to continue the first reading of Ordinance No.
4594 to April 12, 2021.
The City Commission approved Ordinance No. 4594 on the first reading on April 12, 2021, with
City staff s 19 conditions along with the following Commission conditions: making a path clearly
delineated with amenities and access to the south, 100 foot setback at the pond and the developer
is to work with staff regarding the fencing around the pond.
The City Clerk published notice of the 2" Public Hearing in the Sanford Herald on February 24,
2021.
RECOMMENDATION:
By a vote of 3 to 2 with 2 members being absent, the Planning and Zoning Commission
recommended approval of the amendment to the Ethnos 360 PD to allow 40' wide lots for single
family residential development. It is staff's recommendation the City Commission deny the request
to amend the Ethnos 360 PD as the PD amendment is not consistent with the goals, objectives and
policies of the City's Comprehensive Plan. Pursuant the City Commission's action at first reading
of Ordinance No. 4594 to amend a portion of the approved Ethnos 360 PD at 1701 Celery Avenue
by converting the approved SR -1 zoning district criteria to allow 50 -foot wide lots for the single
family residential portion of the Ethnos 360 PD, staff recommends the City Commission consider
the following conditions 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. The total number of residential units shall be determined at the time of engineering plan
review based on a final survey; provided, however, that greater than 15 dwelling units per
acre shall not be permitted in total for the development.
3. All development shall be consistent with the New Tribes Mission Homes for Ethnos 360
PD Master Plan, dated November 2020, 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. Unless specifically requested and approved on the New Tribes Mission Homes for Ethnos
360 PD Master Plan or the associated development order, any required elements missing
from or not shown on the PD Master Plan shall otherwise comply with the City's Land
Development Regulations, LDR.
5. All residential elements of the development shall be in accordance with Schedule "D" —
Residential Planned Development, of the City's Land Development Regulations as defined
therein.
Page 5 of 7
6. Unless specifically requested and approved on the New Tribes Mission Homes for Ethnos
360 PD Master Plan or the associated PD Development Order, all development shall
comply with:
a. Tree mitigation per Section 4.2 Criteria For Tree Removal, Replacement And
Relocation
b. Multi -Family Design standard within Schedule E, Section 16.0 of the City's LDR.
c. 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.
d. Lodge Facilities shall conform to Schedule G of the City's LDR.
e. ALF/Residential Care Facilities shall conform to Schedule G of the City's LDR.
7. A Preliminary Subdivision Plan and Subdivision Improvement Plan shall be submitted and
subject to approval by the City with all construction activity being subject to approval by
the City, and a subsequent subdivision plat being reviewed, approved and recorded, in
accordance with the provisions of Chapter 177, Florida Statutes, prior to the issuance of
any certificates of occupancy.
8. 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.
9. An aluminum fence, or similar, shall be provided along the north side of 'Pond Tract A' if
the Administrative official determines that it is in the public's best interest due to health or
safety concerns.
10. All air conditioning units, mechanical units or other similar appurtenances shall be in the
rear of each lot for lots with less than a 7.5 foot side yard setback.
11. Delineate the walking trail as a formal recreational amenity.
12. Provide access from the south to the walking trail.
13. The Owner shall install a minimum of 5 -foot wide sidewalks on both sides of the streets.
14. A School Capacity Availability Letter of Determination letter shall be required from the
Seminole County School District prior to the recording of the final plat.
15. 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.
16. The 10 acre non single-family residential parcel shall be limited to lodging, maintenance
and ancillary outdoor storage and outdoor Recreational Vehicle (RV) storage only.
17. Reduce the required setback between the RV parking and the proposed single family to
100 feet.
18. No more than 35 RV spaces developed on the RV site. This number shall include the
existing RV spaces existing on the RV site as of April, 2019 and 15 additional RV spaces
for a total of 35 RV spaces.
19. Upon sale or transfer of the Subject Property, the right to use the Subject Property for
recreational vehicle storage, parking and use, of any type or nature, shall forever lapse and
terminate.
20. The use of the RV spaces on the RV site shall be limited to use by volunteers of the land
owner who have traveled to Sanford, Florida for the express purpose of volunteering their
services to the landowner in support of the landowner's missionary support services.
21. In no event may the RV site be used for commercial purposes. To enforce this provision,
the City Commission, or designee, may at any time, but no more frequently than once each
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calendar year, require from the Property Owner written certification that the use of RV
spaces on the RV site is limited to volunteers providing their services to the Property Owner
in support of the Property Owner's missionary services.
22. 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.
Additional comments or recommendations may be presented by staff at the meeting.
SUGGESTED MOTIONS:
I move to (adopt/continue) Ordinance No. 4594 to amend the Ethnos 360 PD at 1701 Celery
Avenue subject to a Development Order containing the conditions as recommended by staff."
Attachments: Project Information Sheet
Site Vicinity Map
Aerial Map
CAPP Summary
School Capacity Determination SCPS
Traffic Impact Analysis
Concept Plan (40 foot lots)
PD Master Plan dated November 2020
Ordinance No. 4594
T:\Development Review\03-Land Development\2021\1701 Celery Avenue\CC Memo - Amend ETHNOS 360 PD-2021—Rev-2nd Reading.docx
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