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4639 PD Rezone 8.47 Acres 2861 E Lake Mary BlvdOrdinance No. 2021-4639 An ordinance of the City of Sanford, Florida relating to the rezoning of approximately 8.47 acres of real property located at 2861 East Lake Mary Boulevard (Tax Parcel Identification Numbers 17-20-31-501-0000-0150 and 17- 20-31-501-0000-0220) to create the Jesus Image Planned Development (PD) (map of the property attached); rezoning the property to a PD, zoning district/classification master plan; providing for approval of the Jesus Image Church PD Master Plan; providing for the taking of implementing administrative actions; providing for conflicts; providing for severability; providing for non -codification and providing for an effective date. Whereas, Jesus Image Inc. of Lake Mary, is the owner of certain real property which land totals approximately 8.47 acres in size, which real property is located at 2861 East Lake Mary Boulevard and is assigned Tax Parcel Identification Numbers 17- 20-31-501-0000-0150 and 17-20-31-501-0000-0220 by the Property Appraiser of Seminole County; and Whereas, the officers of the property owner are Michael Koulianos, Heath Flock, Julie Noble, Jessica Koulianos and Randy Needham; and Whereas, the applicant on behalf of the property owner is Shayanna Day of Interplan, LLC which is located at 200 East Central Parkway, Suite 4000, in Altamonte Springs; and Whereas, the property is located on the south side of Lake Mary Boulevard just east Wyndham Preserve, approximately 1,200 feet west of Brisson Avenue and 1,240 feet east of Sipes Avenue which is very proximate to the Orlando -Sanford International Airport; and Whereas, the property owner is requesting that the subject property be 11 P;',a g"I ",­ rezoned from City GC -2, General Commercial, zoning district/classification and the County's AG, Agriculture, zoning district/classification to the City's Planned Development (PD) zoning district/classification in order to create the Jesus Image Church PD; and Whereas, on January 25, 2021, the City Commission enacted Ordinance Number 4579 which annexed the southern 5.43 acres of the subject property into the City; and. Whereas, the property owner is proposing to construct a house of worship with associated accessory services including office space and a future daycare facility; and Whereas, the proposed church use is consistent with the GC -2, General Commercial, zoning district/classification, but the property to the south is assigned an agricultural zoning district/classification and, therefore, the property is also contemporaneously seeking a future land use amendment to LDR-SF, Single Family Residential, in order to remediate the complications of two zoning districts/classifications located on one project or assigned to a single parcel; and Whereas, the property owner has proposed a design that places only parking along East Lake Mary Boulevard. Whereas, the property is located within Planning Sub -Area 4 of the 2015 City of Sanford/Seminole County Joint Planning Agreement (JPA) and this action is consistent with the 2015 JPA; and 2 1 P a g e Whereas, a modified Citizens Awareness and Participation Plan (CAPP) process was completed due to COVID-1 9 by means of a letter being transmitted on June 10, 2021 to property owners located with the required buffer and the CAPP process was satisfactory to the City; and Whereas, on October 7, 2021, the City's Planning and Zoning Commission held a public hearing and recommended that the City Commission approve this Ordinance; and Whereas, this Ordinance is enacted pursuant to the home rule powers of the City of Sanford as set forth at Article VIII, Section 2, of the Constitution of the State of Florida; Chapter 166, Florida Statutes, and other applicable controlling law; and Whereas, the City Commission of the City of Sanford has taken all actions relating to the Jesus Image Church 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, as legislative findings and intent, the above recitals (whereas clauses). (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 3 1 P ag; e City seeks to avoid, minimize, or mitigate. Section 2. Rezoning of real property/implementing actions; Jesus Image Church PD. (a), Upon enactment of this Ordinance the property, as depicted in the map attached to this Ordinance shall be rezoned from the zoning classification resulting from a separate and distinct Jesus Image Church PD consistent with the provisions of this (b). The City Manager, or designee, is hereby authorized to execute any documents necessary to formalize approval of the Jesus Image Church PD rezoning action set forth herein action taken herein with regard to the Jesus Image Church 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. (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 Jesus Image Church PD Master Plan, as revised and dated, September 16, 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. (3). Unless specifically requested and approved on the Jesus Image Church PD Master Plan, any required elements missing from or not 41 P a g e shown on the Jesus Image Church PID Master Plan shall comply with the City's LDRs. (4). Land use activities conducted on the northern parcel shall be in accordance with Schedule B — Permitted Uses, of the City's LDRs for the GC -2, General Commercial, zoning district/classification and conditional uses are prohibited and unlawful unless otherwise identified and approved as part of a rezoning action. (5). The uses on the southern parcel shall be restricted to those permitted as part of a house of worship in the single family residential zoning classifications as identified in Schedule B — Permitted Uses, of the City's LDRs for the GC -2, General Commercial, zoning district/classification. (6). A traffic study meeting all City and County requirements shall be submitted with the development plan application, once all final building uses, square footages and placement are determined, and shall be reviewed and approved prior to any site development approvals. (7). Unless otherwise specified on the Jesus Image Church PID Master Plan, all development shall comply with setback and buffer requirements set forth in Schedule J, Landscape, Buffer and Tree Requirements, of the City's LDRs. (8). All requirements relating to tree mitigation as established in the City's LDRs shall be met prior to development of the subject property to the extent consistent with controlling State law. 5 1 P a,;, e (9). If determined to be required by the City and prior to any issuance of a site development permit relating to the subject property, acceptable fencing around the retention pond shall be determined by the City. (10). If any subdivision is proposed on the subject property, a preliminary subdivision plan and subdivision improvement plan shall be submitted and shall be subject to approval by the City with all construction activity being subject to approval by the City, with 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. (11). A decorative and functional fountain shall be installed if the pond is a wet retention pond as part of development approval; which approval shall provide for ongoing maintenance requirements and responsibilities upon the appropriate party, but not the City. (12). All commercial elements of the PD shall be developed in accordance with Schedule "G" — Architectural Design Standards, of the City's LDRs. (13). 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 6 1 P Plan. 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. (20). If City staff and the Property Owner are unable to agree to the details of this Ordinance and its implementing 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 Jesus Image Church PD Master The map attached to this Ordinance is hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance amending the Jesus Image Church PD. Section 4. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. City staff shall harmonize the approval and actions set forth herein together which those taken relative to the Jesus Image Church PD with all past actions of the City relative to the property being hereby ratified and affirmed. Section 5. Severability. If any section, sentence, phrase, word, or portion of this Ordinance is determined 71 P a .,) e 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 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. (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 Jesus Image Church PD property's zoning classification shall revert to an un -zoned property status. Section 7. Effective Date. This Ordinance shall take effect immediately upon enactment. Passed and adopted this 8th day of November, 2021. 8 1 P a g - Attest: City Commission of the City of Sanford, Florida., .4 RA \Ab RUO M M Traci Houchin, MMC, rCRM City Clerk a or Approved as to form and legal a ab'riicy William L. Colbert, City Attorney 91 P a g CITY OF WS RM X SkNFORD FLORIDA Item No. CITY COMMISSION MEMORANDUM 21.243 NOVEMBER 8, 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: Request to Rezone 8.47 acres GC -2, General Commercial and AG, Agriculture to PD, Planned Development at 2861 E. Lake Mary Boulevard 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 Z Update Regulatory Framework F-1 Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: A request to Rezone 8.47 acres from GC -2, General Commercial and AG, Agriculture to PD, Planned Development for a proposed commercial project with an address of 2861 E. Lake Mary Boulevard has been received. The property is owned by Jesus Image, Inc. The applicant is Shyanna Day of Interplan, LLC who was responsible for conducting the modified CAPP (Citizens Awareness and Participation Plan). A copy of the letter that was distributed is attached. The Affidavit of Ownership and Designation of Agent forms are 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 with no structures. Based on the 2020 property tax roll, the subject property has a combined total assessed value of 102,366. The total tax bill for the subject property in 2020 was $1,424.26. The applicant is proposing to develop a House of Worship, which will generate no tax revenue to the City. No additional staffing is anticipated if the PD Rezone is approved. BACKGROUND: The 5.28 -acre site is located on the south side of Lake Mary Boulevard just east Wyndham Preserve, approximately 1,200 feet west of Brisson Avenue and 1,240 feet east of Sipes Avenue. It consists of two parcels positioned in a north -south orientation and separated by a 20 foot east- west unnamed right of way. The parcel to the south does not have direct access to Lake Mary Boulevard, but can be accessed through the 20 -foot Right of Way or through the adjacent property to the north with common ownership. On January 25, 2021, the City Commission adopted Ordinance No. 4579, annexing the southern 5.43 -acre property into the City. When incorporated, the subject property retained its Seminole County future land use designation of SE, Suburban Estates. The property also brought with it an Agriculture zoning. The applicant is proposing to construct a House of Worship with associated accessory services including office space, and future daycare. The proposed church is consistent with the GC -2, zoning however, the property to the south has an Agriculture zoning, therefore, is seeking a Future Land Use amendment to LDR-SF. To remediate the complications of two zonings on one project, the applicant has submitted a request to amend the zoning to PD, Planned Development. The applicant has proposed a design that places only parking along E. Lake Mary Boulevard. Staff has discussed placing a building of either office space, a small retail religious store, a daycare building or another general commercial building fronting E. Lake Mary Boulevard. The design of the church in the southeast corner of the property limits the impact to the subdivision to the west; however, additional larger lot residential does exist to the east. The proposed development is located within Planning Sub -Area 4 of the 2015 City of Sanford/Seminole County Joint Planning Agreement (JPA) and the rezone has been found to be consistent with the 2015 Joint Planning Agreement. Supportive community facilities and accessory land uses as defined in the LDRs may be located within areas designated LDR-SF. The draft Lake Mary Boulevard Corridor study currently underway supports land uses intended for mixed commercial and residential supportive uses along this segment of Lake Mary Boulevard. Development within the LDR-SF designation shall be required to meet the following general criteria together with the performance criteria established in Policy FLU 1.1.7 in this Element: • Compatible with the quality and character of existing low density single family neighborhoods; • Compatible with existing and anticipated future developments; • Compatible with natural features of the land and other policies within the Comprehensive Plan impacting natural resources. No specific deviations are noted on the master plan, so when developed, it will be required to meet all standards of the GC -2, General Commercial zoning classification, as well as any required additional buffers between commercial and residential where it applies and all standards of the Lake Mary Boulevard Gateway Corridor standards in Schedule U, as well as all other relevant sections of the City's Land Development Regulations. This item was continued at the September Planning and Zoning Commission meeting so that the applicant could provide a revised project master plan. The original condition from the staff report below has been addressed and a revised master plan has been provided. All development shall be consistent with the Jesus Image Church PD Master Plan, dated September 20, 2021, with the following exceptions: a. North—south parking lot drive aisles shall not exceed 300 linear feet without an east -west drive aisle break; b. A commercial component, a minimum of 1,800 square feet, meeting the architectural requirements of Schedule G, Sanford LDR, shall be located within the first 100 feet of the Lake Mary Boulevard frontage. The project was presented to the Planning and Zoning Commission with the requested changes on October 7, 2021. 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 ofFlorida (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 pen -nit" has the same meaning as in s. 163.3164, but does not include building permits. (4) For any development pen -nit 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 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 [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. 4639 on October 25, 2021. The City Clerk published notice of the 2"a public Hearing in the Sanford Herald on October 27, 2021. RECOMMENDATION: On September 2, 2021, the Planning and Zoning Commission, per the recommendation of staff, recommended the City Commission, adopt an Ordinance to Rezone 8.47 acres from GC -2, General Commercial and AG, Agriculture to PD, Planned Development for a proposed House of Worship with ancillary and associated uses at project address 2861 E Lake Mary Boulevard (including 2871 E Lake Mary Boulevard) subject to a Development Order containing 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 3 years from the effective date of this Ordinance if not all improvements have 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 Jesus Image Church PD Master Plan dated as revised, September 16, 2021, unless otherwise specifically set forth in any associated development order; provided, however, that all subsequent developmerif orders shall be consistent with the provisions of this Ordinance. 3. Land use activities conducted on the northern parcel shall be in accordance with Schedule B Permitted uses, Sanford LDR for GC -2, General Commercial zoning. No Conditional Uses shall be permitted unless otherwise identified and approved as part of the rezone. 4. The uses on the southern parcel shall be restricted to those permitted as part of a House of Worship in the single family residential zoning classifications as identified in Schedule B — Permitted Uses, Sanford LDR. 5. A traffic study meeting all City and County requirements shall be submitted with the Development Plan application, once all final building uses-, square footages and placement are determined, and shall be reviewed and approved prior to any Site Development approvals. 6. Unless otherwise specified on the Jesus Image Church PD Master Plan, all development shall comply with setback and buffer requirements set forth in Schedule J, Landscape, Buffer and Tree Requirements, LDR. 7. All requirements relating to tree mitigation as established in the City's LDR shall be met prior to development of the site. 8. If determined to be required and prior to any issuance of a site development permit relating to the subject property, acceptable fencing around the retention pond shall be determined. 9. If any subdivision is proposed on the subject property, 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, with 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. A decorative and functional fountain shall be installed if the pond is a wet retention pond as part of development approval; which approval shall provide for ongoing maintenance requirements and responsibilities upon the appropriate party, but not the City. 11. 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. 12. 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 "OPTED"') 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. 13. 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 MOTION: "I move to adopt Ordinance No. 4639." Attachments: Project Infon-nation Sheet Site Vicinity Map Aerial Map Applicant's Affidavits of ownership and Designation of Agent CAPP Report PD Master Plan dated September 20, 2021 PROJECT INFORMATION — 2861 E. LAKE MARY BOULEVARD U, PD REZONE Requested Action: Rezone approximately 8.47 acres from GC -2, General Commercial and AG, Agriculture to PD, Planned Development for a proposed House of Worship at project address 2861 E Lake Mary Boulevard (to include 2871 E Lake Mary Boulevard). Proposed Use: House of Worship Project Address: 2861 E. Lake Mary Boulevard Current Zoning: AG, Agriculture Proposed Zoning: PD Planned Development Existing Land Use: Vacant Tax Parcel Numbers: 17-20-31-501-0000-0150 17-20-31-501-0000-0220 Site Area: 3.01 acres 5.43 acres Property Owner: Jesus Image Inc. PO Box 950640 Lake Mary, FL 32795-0640 Applicant/Agent: Shayanna Day — Interplan, LLC Phone:407-645-5008 200 E Central, Suite 400 Email: Sday@interplanlic.com Altamonte Springs, FL 32701 CAPP Meeting: A modified CAPP process was conducted and a letter was forwarded to the required buffer on June 10, 2021. A copy of the letter is attached. 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. Current Future Land Use Proposed Future Land Use Zonine North A-1, Agriculture (County) M-1, Industrial (County) South A-1, Agriculture (County) East A-1, Agriculture (County) West PD, Planned Development SE, Suburban EE LDR-SF — Low Density Residential Single Family Future Land Use IND, Industrial IND, Industrial SE, Suburban Estates (County) SE, Suburban Estates (County) LDR-SF, Low Density Single Family Current Use Single Family Residential Vacant Single Family Residential Single Family Residential Wyndham Preserve TADevelopment Review\03-Land Development\202 1\3851 E Lake Mary Blvd\CPA\PZC\Project Info - 3851 E Lake Mary Blvd - CPA.doc