4219 Rezone 500 Art LaneOrdinance No. 4219
An ordinance of the City of Sanford, Florida relating to the Reserve at
Sanford planned development ( "PD "); providing for the rezoning of
real property totaling approximately 23.4 acres in size and located at
500 Art Lane (Property Appraiser Tax Parcel Identification Numbers:
10- 20 -30- 513 - 0000 -0010 through 10- 20 -30- 513 - 0000 -1290 and 10 -20-
30- 513 -OA00 -0000 through 10- 20 -30- 513 -OG00 -0000) within the City
Limits (map of the property attached) from the Reserve at Sanford
PD, as previously approved, to the Reserve at Loch Lake PD;
providing for the taking of implementing administrative actions;
providing for the adoption of a map by reference; repealing all
conflicting ordinances; providing for severability; providing for non -
codification and providing for an effective date.
Whereas, Mattamy Jacksonville Partnership is the owner of certain real property,
totaling approximately 23.4 acres in size and located at 500 Art Lane (located between
the Hidden Lake Subdivision and the Sterling Woods Subdivision approximately 2,000
feet north of West Lake Mary Boulevard), and it applied to the City of Sanford, pursuant
to the controlling provisions of State law and the Code of Ordinances of the City of
Sanford to have the property rezoned from the Reserve at Sanford Planned
Development ( °PD ") zoning classification to the Reserve at Loch Lake PD zoning
classification; and
Whereas, the Reserve at Sanford townhome PD project, required a
Comprehensive Plan amendment, a PD rezoning and a preliminary subdivision plan
approval and development plans were approved all of which were approved in 2005
with infrastructure being installed and a certificate of completion being issued and a
final plat recorded; provided, however, that no buildings were ever constructed on the
subject property; and
Whereas, the applicant has applied to rezone the subject 23.4 acres of real
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property in order to develop a mixed use development project providing for a 113 unit
townhome project with access to the PD being from Sterling Pine Street; and
Whereas, the City's Planning and Development Services Department has
conducted a thorough review and analysis of the demands upon public facilities should
the subject rezoning application be approved; and
Whereas, a Citizen's Awareness Participation Plan (CAPP) requirements of the
City relative to the proposed rezoning to a new PD have been satisfied; and
Whereas, on July 15, 2010 the Planning and Zoning Commission of the City of
Sanford recommended that the City Commission approve the subject rezoning as set
forth in this Ordinance and, together with the recommendations of the City staff,
recommended normative development conditions such as, but not limited to, the
requirement that a development plan relating to the property be prepared by a Florida
registered engineer and be submitted, reviewed and approved; and
Whereas, the Planning and Zoning Commission and the City Commission have
determined that the proposed the rezoning of the subject property as set forth in this
Ordinance is consistent with the Comprehensive Plan of the City of Sanford, the land
development regulations of the City of Sanford, and the controlling provisions of State
law; and
Whereas, the City Commission of the City of Sanford, Florida has taken all
actions relating to the rezoning action set forth herein in accordance with the
requirements and procedures mandated by State law.
Now, therefore, be in enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings and intent.
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(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 Reserve at Loch Lake PD Master Plan provides for a reduction in the
number of townhome units from 129 to 113; a reduction in the number of stories in
each unit from 3 to 2 stories; a reduction in the building setbacks adjacent to Lots 44
through 47 in the Sterling Woods Subdivision from 50 feet to 40 feet with a 30 foot
porch setback; and a reduction in the building setback on the east side adjacent to
Hidden Lake Unit 1 -A from 40 feet to 30 feet with a 20 foot porch setback.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(d). This Ordinance is consistent with the goals, objectives and policies of the
Comprehensive Plan of the City of Sanford.
Section 2. Rezoning of real property /implementing actions.
(a), Upon enactment of this Ordinance the following property, as depicted in
the map attached to this Ordinance and totaling approximately 23.4 acres in size and
located at 500 Art Lane shall be rezoned from the zoning classification resulting from
separate and distinct PD zoning actions by the City, that is from the Reserve at Sanford
PD, to a new PD, the Reserve at Loch Lake PD (Property Appraiser Tax Parcel
Identification Numbers: Property Appraiser Tax Parcel Identification Numbers: 10 -20-
30- 513 - 0000 -0010 through 10- 20 -30- 513 - 0000 -1290 and 10- 20 -30- 513 -OA00 -0000
through 10- 20 -30- 513 -OG00- 0000).
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(b). The City Manager, or designee, is hereby authorized to execute any
documents necessary to formalize approval of the rezoning action taken herein and to
revise and amend the Official Zoning Map or Maps of the City of Sanford as may be
appropriate to accomplish the action taken in this Ordinance.
(c). The conditions to be incorporated into the pertinent development order
relating to the action taken in this Ordinance include, but are not limited to, the
following:
(1). Pursuant to Section 4.3.G of the Land Development Code of the City of
Sanford, this rezoning shall expire 3 years from the effective date of the approval of this
Ordinance if all improvements have not been completed or an extension granted.
(2). The property shall be developed generally in accordance with the land
uses and development standards identified on the PD Master Plan for Reserve at Loch
Lake and the City's Land Development Regulations unless otherwise noted herein.
(3). The townhome units shall be constructed with the following restrictions:
(a). 46.5% (53 units) shall have a minimum 1,198 square feet of living area, and (b).
53.5% (60 units) shall have a minimum 1,601 square feet of living area.
(4). The Owner shall attain approval of a preliminary subdivision plan in
accordance with the requirements of the City's Land Development Regulations.
(5). The Owner shall coordinate all pertinent matters with City staff during the
development process for any additional minor engineering adjustments that may be
needed.
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Section 3. Incorporation of map. The map attached to this Ordinance is
hereby ratified and affirmed and incorporated into this Ordinance as a substantive part
of this Ordinance.
Section 4. Conflicts. All ordinances or part of ordinances in conflict with this
Ordinance are hereby repealed
Section 5. Severability. If any section, sentence, phrase, word, or portion of
this Ordinance is determined to be invalid, unlawful or unconstitutional, said
determination shall not be held to invalidate or impair the validity, force or effect of any
other section, sentence, phrase, word, or portion of this Ordinance not otherwise
determined to be invalid, unlawful, or unconstitutional.
Section 6. Non - codification. This Ordinance shall be not be codified in the
City Code of the City of Sanford or the Land Development Code of the City of Sanford;
provided, however, that the actions taken herein shall be depicted on the zoning maps
of the City of Sanford by the City Manager, or designee.
Section 7. Effective Date This Ordinance shall take effect immediately upon
enactment.
Passed and adopted this 23 day of August, 2010.
Attest.
ow6(
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Janet Dougherty, City Jerk
Approved as to form and legal sufficiency.
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City Commission of the City of
Sanford, Florida
Linda hn, Mayor
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