4624 Rezone 14.69 Acres - 3100 Kentucky StreetOrdinance No. 2021-4624
An ordinance of the City of Sanford, Florida relating to a Planned
Development (PD) by rezoning 14.69 acres in size and creating the
Sipes Avenue Property PD; providing for the rezoning of real property
generally addressed and located at 3100 Kentucky Street and
assigned Tax Parcel Identification Numbers 03-20-31-5AY-0000-0610,
03-20-31-5AY-0000-061A, 03-20-31 -5AY-0000-0620 and
03-20-31-5AY-0000-062A by the Seminole County Property Appraiser
which parcels are 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 approving of the
Sipes Avenue Property PD Master Plan; 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
generally addressed as 3100 Kentucky Street as a Planned Development (PD) zoning
classification/district being named the Sipes Avenue Property PD; and
Whereas, the owner of the subject property is Sipes Development, LLC, a
Florida limited liability company, of Longwood; and
Whereas, the managers of Sipes Development, LLC are Arnaldo Mastrapa
and Edward Gonzalez; and
Whereas, the applicant for the rezoning is Nicole Martin with the engineering
firm of Madden, Moorhead & Stokes, LLC of Maitland on behalf of PulteGroup, Inc. which
is a home construction company based in Atlanta, Georgia, but a corporate entity created
under the laws of the State of Michigan; and
Whereas, the corporate officers of PulteGroup, Inc. are Robert T.
O'Shaughnessy, CFO; Ryan R. Marshall, CEO; and Todd N. Sheldon, Secretary; and
Whereas, the Sipes Avenue Property PD property totals approximately 14.69
acres in size consisting of 4 tax parcels (Numbers 03-20-31-5AY-0000-0610,
03-20-31-5AY-0000-061A, 03-20-31-5AY-0000-0620 and 03-20-31-5AY-0000-062A as
assigned by the Seminole County Property Appraiser); and
Whereas, the Sipes Avenue Property PD property is more specifically located
on the north side of Kentucky Street at the corner of Kentucky Street and Sipes Avenue
and on the south side of East Lake Mary Boulevard; and
Whereas, the City Commission enacted Ordinance Number 4596 on April 26,
2021 which annexed the 4 commonly owned parcels which are the subject of this
Ordinance; and
Whereas, the subject property is assigned the County AG, Agriculture, zoning
district/classification and has not been assigned a zoning district/classification under the
City of Sanford Land Development Regulations (LDRs); and
Whereas, the applicant sent a notification letter with concept plan to property
owners within a 500' buffer on July 12, 2021 and a Citizens Awareness and Participation
Plan (CAPP) meeting was held on July 27, 2021 with a summary of the CAPP meeting
being provided in a satisfactory form and with acceptable content as determined by the
City; and
Whereas, the subject property is located within sub -area 4 of the 2015
Seminole County/City of Sanford Joint Planning Agreement (JPA) in which an east -west
alignment established by Eaglewoods Trail in order to serve as a dividing line for
residential density within Planning Area 4; and
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Whereas, the JPA provides that properties located to the north of the
aforementioned dividing line shall develop at a maximum of 3.5 units per net buildable
acre while properties lying south of this line and north of Pineway shall develop at a
maximum of 2.5 units per net buildable acre, but that those densities shall not apply to
properties currently assigned the County Higher Intensity Planned Development (HIP)
Airport (AP); and
Whereas, the subject property is located north of Eaglewoods Trial and has
been assigned a future land use designation of AIC, Airport Industry and Commerce
which is equivalent to the County HIP -AP land use designation; and
Whereas, the subject PD application proposes to rezone the 14.69 acres to PD
and establish the Sipes Avenue Property PD as a mixed-use development consisting of
94 fee -simple townhome units and a commercial out -parcel fronting East Lake Mary
Boulevard approximately 1.37 acres in size; 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, objectives and policies
of the Comprehensive Plan of the City of Sanford, the City's LDRs, and the controlling
provisions of State law; 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
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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;
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Whereas, the City Commission of the City of Sanford, Florida has taken all
actions relating to the Sipes Avenue Property 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
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Comprehensive Plan of the City of Sanford.
Section 2. Rezoning of real propertylimplementing actions; the Sipes
Avenue Property PD.
(a), Upon enactment of this Ordinance the subject property, as depicted in the
map attached to this Ordinance shall be rezoned to the Sipes Avenue Property 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 Sipes Avenue Property 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 Sipes
Avenue Property PD, any required elements missing from or not shown on
the Sipes Avenue Property PD shall comply with the City's LDRs.
(3). The Sipes Avenue Property PD property shall be developed
generally in accordance with the land uses and development standards
identified on the Sipes Avenue Property PD Master Plan, revision dated
July 7, 2021, unless otherwise specifically set forth in any associated
development agreement or order; provided, however, that all subsequent
development agreement and orders shall be consistent with the provisions
of this Ordinance unless the PD is revised to create a new PD zoning
district/classification with required development standards and terms and
conditions.
(4). The commercial uses allowed within the Sipes Avenue
Property PD shall be limited to the uses permitted by right under the GC -2,
General Commercial, zoning district/classification as set forth in the City's
LDRs with those uses requiring conditional use or special exception
development order shall be subject to the process established in the City's
(5). Vehicle dealer sales as defined in the City's LDRs are
prohibited and unlawful within the Sipes Avenue Property PD.
(6). 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.
(7). A dog walk area with waste collection receptacles shall be
provided in each residential community as determined by the City.
(8). 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
(9). A preliminary subdivision plan and subdivision improvement
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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.
(10). Hardscape elements that complement the overall site layout
and architecture shall be provided as follows:
(i). Architecturally compatible wing walls on all monument
signs fronting East Lake Mary Boulevard.
(ii). The applicant shall work with staff on the commercial
parcel at the time of Development Review to provide an
architecturally compatible knee wall or other architectural
hardscape elements to be located between any surface
parking and East Lake Mary Boulevard.
(iii). 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.
(iv). Established pedestrian connectivity as required
between the commercial parcels shall be appropriately
defined and delineated with landscaping and hardscaping
similar to that which is installed at the pedestrian nodes and
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entrances noted above.
(11). The Property Owner shall formulate and memorialize with
staff a document of equal dignity herewith creating an enhanced
comprehensive landscape plan throughout the development, including the
commercial and residential components, buffers along East Lake Mary
Boulevard and Pineway.
(12). The Property Owner shall install sidewalks on both sides of
the streets which shall be a minimum of 5' in width.
(13). 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.
(14). Due to the proximity of the subject property to the
Orlando -Sanford International Airport, the Property Owner shall file a
Federal Aviation Administration Form 7460 (Notice Of Proposed
Construction Or Alteration) to the City and the Sanford Airport Authority
legal counsel before a permit issued.
(15). The Property Owner shall provide to the City and pay the
costs of recording an airport avigation easement in a form acceptable to the
City Attorney if the City determines that such easement is required.
Additionally, all sales documents, declarations of covenants, conditions
and restrictions and instruments of conveyance including, but not limited to
residential leases, shall disclose the likelihood of resulting noise from
proximate aviation uses.
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(16). Unless specifically requested and approved on the Sipes
Avenue Property PD Master Plan or the associated PD Development
Agreement, all development shall comply with:
(i). The Townhome Design Guidelines within Schedule "E"
of the City's LDRs.
(ii). Tree mitigation in accordance with Section 4.2, Criteria
For Tree Removal, Replacement And Relocation, of the City's
LDRs.
(iii). All setback and buffer requirements set forth in the
Sanford — Seminole County JPA, as they apply to this project.
(iv). All commercial elements of the development shall be
in accordance with Schedule "G", Architectural Design
Standards, of the City's LDRs.
(v). Light source setback for site lighting shall be no less
than 75% the width of the buffers identified on the Sipes
Avenue Property PD Master Plan.
(17). 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 or the Historic Preservation Board,
whichever is appropriate, for resolution at a public hearing, and the matter
will be adjudicated by means of a development order or denial development
order relating thereto.
(18). In agreeing to the above conditions in the subsequent PD
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development agreement, the Property Owner will agree that, in
accordance with the provisions of Section 70.45, Florida Statutes,
pertaining to governmental exactions, the City has not imposed any
prohibited exaction. The term "prohibited exaction" is defined by that statute
to mean ". . . any condition imposed by a governmental entity on a property
owner's proposed use of real property that lacks an essential nexus to a
legitimate public purpose and is not roughly proportionate to the impacts of
the proposed use that the governmental entity seeks to avoid, minimize, or
mitigate."
Section 3. Incorporation of map and Sipes Avenue Property PD Master
Plan for the Sipes Avenue Property 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
Sipes Avenue Property 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.
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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.
(c). The non -statutory development agreement referenced 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.
Section 7. Effective Date.
This Ordinance shall take effect upon enactment.
Passed and adopted this 11x" day of October, 2021.
Attest:
Ell
Traci Houchin, MMC, FCRM
City Clerk
Approved as to form and legal sufficiency.
William L. Colbert, City Attorney
City Commission of the
City of
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CITY OF WS RM X
SflP,
V � , NFORD
FLORIDA Item No.
CITY COMMISSION MEMORANDUM 21-211
OCTOBER 11, 2021 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP — Acting Planning Director
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Rezone approximately 14.69 acres from AG, Agriculture to PD, Planned
Development with a project address of 3 100 Kentucky Street.
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.
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
Update Regulatory Framework
Redevelop and Revitalize Disadvantaged Communities
A request to Rezone approximately 14.69 acres from AG, Agriculture to PD, Planned
Development to establish the Sipes Avenue Property PD, a proposed 94 -unit townhome
development including a single commercial outparcel with a project address of 3 100 Kentucky
Street has been received.
The property owner is Sipes Development, LLC. The applicant is Nicole Martin with Madden,
Moorhead and Stokes, LLC on behalf of The Pulte Group. Chad Moorhead, P.E. with Madden,
Moorhead and Stokes was responsible for completing the CAPP requirement.
The Affidavit provided by the applicant 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 has an assessed value
of $546,485. The total tax bill for the four parcels in 2020 was $6,646.57.
If the Sipes Avenue Property PD is approved and subsequently developed, the property will be
assessed the City's millage rate for the residential and commercial uses and generate ad valorem
and utility revenues for the City accordingly.
No additional staffing is anticipated if the Planned Development is approved.
BACKGROUND:
The approximate 14.69 acre site consisting of four parcels is located on the north side of Kentucky
Street at the conger of Kentucky Street and Sipes Avenue and on the south side of E. Lake Mary
Boulevard. The City Commission adopted Ordinance No. 4596 on April 26, 2021 annexing the
four commonly owned parcels. The current application proposes to rezone the 14.69 acres to
Planned Development and establish the Sipes Avenue Property PD, a mixed-use development
consisting of 94 fee -simple townhome units and an approximate 1.37 acre commercial out -parcel
fronting E. Lake Mary Boulevard.
The applicant sent a notification letter with concept plan to property owners within a 500 -foot
buffer on July 12, 2021. A Citizens Awareness and Participation Plan meeting was held on July
27, 2021. The applicant received one email correspondence and two individuals attended the
meeting. A summary of the CAPP has been provided and is attached.
The subject properties are located within sub -area 4 of the 2015 Seminole County/City of Sanford
Joint Planning Agreement. An east -west alignment established by Eaglewoods Trail shall serve as
a dividing line for residential density within Planning Area 4. Properties to the north of this line
shall develop at a maximum of 3.5 units per net buildable acre. Properties lying south of this line
and north of Pineway shall develop at a maximum of 2.5 units per net buildable acre. These
densities shall not apply to properties currently assigned the County HIP -AP Future Land Use
designation. The subject property is north of Eaglewoods Trail, in addition the subject parcel has
a Future Land Use designation of AIC, Airport Industry and Commerce which is equivalent to the
County HIP -AP land use designation.
Comprehensive Plan
The underlying Future Land Use of the property is AIC, Airport Industry & Commerce, a mixed
use designation is a high-intensity mixed use policy for managing lands comprised of the Orlando
Sanford International Airport and adjacent lands capable of supporting a variety of residential
rental properties and commercial and industrial uses.
Staff has reviewed the requested PD Rezone in light of the goals, objectives and policies of the
Comprehensive Plan. The allocation of land for mixed-use development including commercial and
residential shall be compatible with goals and objectives identified in the Comprehensive Plan and
consistent with supportive research and analysis. Objectives and Policies of the Comprehensive
Plan that are relevant to this application are listed below:
Future Land Use Element
Objective FLU I.7: Implement the Future Land Use Map Series. The maximum density and
Floor Area Ratio for the AIC, Airport Industry and Commerce, GC, General Commercial, and
LDR-SF, Low Density Residential -Single Family, future land use is as follows:
Land Use Designations Map Symbol Density/IntensiU (Max,)
Low Density Residential -Single Family LDR-SF 6 du/acre
10/50 du/acre (MF)
Airport Industry and Commerce AIC 1 du/acre (SF)
0% / 10% threshold
1.0 FAR for Commercial
25% 175% threshold
General Commercial I GC 10.50 FAR
Transportation
Policy 2-1.3.5: Assess Traffic Impacts of New Developments. The City shall require the submittal
of a traffic impact study for new development that is anticipated to generate at least 500 daily trips,
100 peak -hour trips, or at the discretion of City Staff.
A traffic impact study was submitted as part of the PD Rezone request. The intensity of the
development, including the commercial and residential components, will further assessed during
engineering review. The adjacent roads are Seminole County right of ways which will require
county review and approval for ingress/egress points and necessary improvements.
Infrastructure
Policy INF 1.1.2. Maintain Public Facility Concurrency Requirements. A concurrency
management system (CMS) shall be maintained and enforced as part of the LDRs for potable
water, sanitary sewer, stormwater management and solid waste.
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.
Policy INF 2.42: Require Reclaimed Water Connection. All new development shall be required
to hook up to the existing central water and wastewater system and reclaimed water system.
Reclaim water, or wastewater, to be provided by the City of Sanford
Recreation
Policy REC 1.1.7: Require New Residential Development to Accommodate Recreation. The City
shall implement requirements in the Land Development Regulations (LDRs) requiring certain
residential development to accommodate recreational or other amenities onsite in order to offset
impacts of the project on the City's recreation LOS and provide an improvement that contributes
to the design of the project.
Capital Improvements
Policy CIE 1.4.1: Maintain LOS Standards. In order to ensure that future development
maintained the adopted LOS standards, the City shall issue no development order or permit for
development unless the applicant demonstrates to the satisfaction of the City that the adopted LOS
standards for public facilities, including roads, water and wastewater services, drainage, solid
waste, public school and recreation will be maintained and that the improvement needs shall be
planned.
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 verif led but will not be reserved until a FDEP permit is obtained.
In addition, Seminole County Public Schools tracks school capacity through a Letter of
Determination.
The proposed PD, if approved, would promote mixed-use centers which is an initiative associated
with the strategic priority listed as "Update Regulatory Framework" in the Imagine Sanford
strategic plan adopted by the City Commission. The Sipes Avenue Property PD will create a
mixed-use project that provides a different housing option in proximity to the airport as well as
opportunity for neighborhood supporting commercial uses.
Staff finds that the Sipes Avenue Property Planned Development and associated master plan are
consistent with the City of Sanford Comprehensive Plan.
On September 2, 2021, the Planning and Zoning Commission recommended the City Commissions
adopt an ordinance to Rezone approximately 14.69 acres from AG, Agriculture to PD, Planned
Development to establish the Sipes Avenue Property PD subject to the a Development Order with
the conditions as recommended by staff.
LEGAL REviEw:
The City Attorney has not reviewed the staff report and the specific analysis provided by City
staff, but has noted the following: Section 166.033, Florida Statutes, as amended in the recent
Legislative Session, in Chapter 2021-224, Laws of Florida (deriving from Committee Substitute
for Committee Substitute for House Bill Number 1059) 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) (a) 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.
(b) If a municipality makes a request for additional information and the applicant submits the
required additional information within 30 days after receiving the request, the municipality
must review the application for completeness and issue a letter indicating that all required
information has been submitted or specify with particularity any areas that are deficient
within 30 days after receiving the additional information.
(c) If a municipality makes a second request for additional information and the applicant
submits the required additional information within 30 days after receiving the request, the
municipality must review the application for completeness and issue a letter indicating that
all required information has been submitted or specify with particularity any areas that are
deficient within 10 days after receiving the additional information.
(d) Before a third request for additional information, the applicant must be offered a meeting to
attempt to resolve outstanding issues. If a municipality makes a third request for additional
information and the applicant submits the required additional information within 30 days
after receiving the request, the municipality must deem the application complete within 10
days after receiving the additional information or proceed to process the application for
approval or denial unless the applicant waived the municipality's limitation in writing as
described in paragraph (a).
(e) Except as provided in subsection (5), 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.
(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 Coniprehensive
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 City 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 [of] 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 Attorney has drafted an Ordinance for this request.
The City Commission approved the first reading of Ordinance No. 4624, on September 27, 2021.
The City Clerk published notice of the 2" a Public Hearing in the Sanford Herald on Wednesday,
September 29, 2021.
RECOMMENDATION:
Staff and the Planning and Zoning Commission recommend the City Commission adopt an
ordinance to Rezone approximately 14.69 acres from. AG, Agriculture to PD, Planned
Development to establish the Sipes Avenue Property PD, a proposed 94 -unit townhome
development including a single commercial outparcel with a project address of 3100 Kentucky
Street based on consistency with the goals, objectives and policies of the City's Comprehensive
Plan subject to a Development Order with the following conditions:
1. Pursuant to Section 4.3.G of the Land Development Regulations (LDR) of the City of
Sanford, this rezoning shall expire three 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 Sipes Avenue Property PD Master Plan,
dated July 7, 2021 as revised per City comments, any required elements missing from or
not shown on the PD Master Plan shall comply with the City's LDR.
3. The commercial uses allowed within the Sipes Avenue Property PD shall be limited to the
uses permitted by right under the GC -2, General Commercial, zoning classification as set
forth in the City's Land Development Regulations. Those uses requiring Conditional Use
approval or special exception shall be subject to the process established in the City's Land
Development Regulal, ions.
4. Vehicle Dealer Sales as defined in the City's Land Development Regulations shall be
prohibited and unlawful within the Sipes Avenue Property PD.
5. 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.
6. A dog walk area with waste collection receptacles shall be provided in each residential
community as determined by the City.
7. 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.
8. 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.
9. Hardscape elements that complement the overall site layout and architecture shall be
provided as follows:
a. Architecturally compatible wing walls on all monument signs fronting East Lake
Mary Boulevard.
b. The applicant shall work with staff on the commercial parcel at the time of
Development Review to provide an architecturally compatible knee wall or other
architectural hardscape elements to be located between any surface parking and
East Lake Mary Boulevard.
c. 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.
d. Established pedestrian connectivity as required between the commercial parcels shall
be appropriately defined and delineated with landscaping and hardscaping similar to
that which is installed at the pedestrian nodes and entrances noted above.
10. The property owner shall formulate and memorialize with staff a document of equal dignity
herewith creating an enhanced comprehensive landscape plan throughout the development,
including the commercial and residential components, buffers along E. Lake Mary
Boulevard and Pine Way; provided, however, that any dispute shall be resolved by the
Planning and Zoning Commission, after a public hearing, by means of a development order
relating thereto.
11. The Owner shall install a minimum of 5 -foot wide sidewalks on both sides of the streets.
12. 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.
13. Due to the proximity of the subject property to the Airport, the developer shall file an FAA
Form 7460 that should be returned and provided to the City of Sanford and Orlando -
Sanford International Airport before a permit issued.
14. By adoption of this ordinance and execution of the accompanying development order, the
Property Owner hereby agrees to record an airport avigation easement in a form acceptable
to the City if the City determines that such easement is required. Additionally, all sales
documents, declarations of covenants, conditions and restrictions and instruments of
conveyance including, but not limited to residential leases, shall disclose the likelihood of
resulting noise from proximate aviation uses.
15. Unless specifically requested and approved on the Sipes Avenue Property PD Master Plan
or the associated PD Development Order, all development shall comply with:
a. The Townhome Design Guidelines within Schedule E of the City's LDR.
b. Tree mitigation per Section 4.2 Criteria For Tree Removal, Replacement And
Relocation.
c. All setback and buffer requirements set forth in the Sanford — Seminole County
JPA, as they apply to this project.
d. 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.
e. Light source setback for site lighting shall be no less than 75 percent the width of
the buffers identified on the PD Master Plan.
16. 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 or
the Historic Preservation Board, whichever is appropriate, 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 approve Ordinance No. 4624 on first reading.
Attachments: Project Information Sheet.
Site Zoning Map.
Site Aerial Map.
Affidavit of Ownership.
Capp Summary.
Traffic Impact Analysis.
Written Waivers and Justification.
Sipes Avenue Property PD Master Plan dated July 7, 2021.
Draft Ordinance No. 4624.
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