4650 Rezone - 4141 E SR46Ordinance No. 2021-4650
An ordinance of the City of Sanford, Florida relating to
the rezoning of approximately 24.15 acres of real
property located at 4141 East State Road 46 (Tax Parcel
Identification Numbers 03-20-31-501-OA00-0060, 03-20-
31-300-0020-0000, 03-20-31-300-003A-0000, 03-20-31-
300-004A-0000 and 03-20-31-300-005A-0000) to create
the Kings Crossing Planned Development (PD) (map of
the property attached); rezoning the property from the
County C-3, General Commercial and Wholesale, zoning
district/classification to the City's PD, Planned
Development, zoning district/classification; providing
for approval of the Kings Crossing 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, the Walter N. King Revocable Trust is the owner of the property
which is the subject of this Ordinance (Tax Parcel Identification Numbers 03-20-31-300-
003A-0000, 03-20-31-300-004A-0000, 03-20-31-300-005A-0000 and 03-20-31-501-
OA00-0060) as assigned by the Seminole County Property Appraiser); and
Whereas, the Trust has disclosed those involved therewith to ensure that no
conflict of interest or voting conflict arises; and
Whereas, the subject real property (a site 24.15 acres in size) is located at
the southeast corner of East State Road 46 and East Lake Mary Boulevard and is
addressed as 4141 East State Road 46; and
Whereas, the subject real property is located within Sub Area 3 of 2015
Seminole County/City of Sanford Joint Planning Agreement which sub area
encompasses the intersection of State Road 46 and County Road 415 (East Lake Mary
Boulevard) and has been designated for the intent of providing a commercial node to
serve the eastern portion of the City; and
g
Whereas Robert A. Merrell, Esquire, of the Cobb Cole law firm is serving as
the applicant and representative of the Property Owner; and
Whereas, Mr. Merrell applied, on behalf of the owner, 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 Seminole County zoning district/classification relative to
subject property be changed from the assignment of the C-3, General Commercial and
Wholesale, Seminole County zoning district/classification, to the City's PD, Planned
Development, zoning district/classification, all as necessitated by annexation of the
subject property into the City; and
Whereas, the City's Planning and Zoning Commission (P&ZC), as the City's
local planning agency, held a public hearing on November 4, 2021 to consider
amending the zoning district/classification assigned to the property and recommended
approval of the proposed PD for the subject property as requested by the Property
Owner; and
Whereas, a modified Citizen Awareness and Participation Plan (CAPP)
process adhering to the requirements of the City has been accomplished by Mr. Summit
to the satisfaction of the City which CAPP process occurred on February 26, 2019; and
Whereas, the City's Planning and Development Services Department has
conducted a thorough review and analysis of the demands upon public facilities and
general planning and land development issues should the subject application be
approved and has otherwise reviewed and evaluated the application to determine
whether it comports with sound and generally accepted land use planning practices and
principles as well as whether the application is consistent with the goals, objectives and
2 1 P -', g e
policies set forth in the City's Comprehensive Plan and determined that the proposed
PID rezoning action set forth herein is consistent with the City's Comprehensive Plan
and the controlling provisions of State law; and
Whereas, the pertinent goals, objectives and policies of the Comprehensive
Plan support the approval of the PID rezoning action set forth herein; and
Whereas, additionally, 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 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) and the City staff report and City Commission agenda memorandum
relating to the PID rezoning action set forth herein.
(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.
Section 2. Rezoning of real property/implementing actions; Kings
Crossing PD.
(a), Upon enactment of this Ordinance the property, as depicted in the map
attached to this Ordinance shall be rezoned from the C-3, General Commercial and
Wholesale, Seminole County zoning district/classification to the zoning classification
resulting from the creation of a separate and distinct Kings Crossing PD consistent with
the provisions of this Ordinance.
(b). The City Manager, or designee, is hereby authorized to execute any
documents necessary to formalize approval of the PD rezoning action set forth herein
action taken herein with regard to the Kings Crossing 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
agreement relating to the action taken in this Ordinance include the following:
(1). Pursuant to Section 4.3.G of the Land Development Code of the City of
Sanford, this PD rezoning action set forth herein shall expire 5 years from the effective
date of this Ordinance if a site development permit is not issued for the project within 2
years of the said effective date, in which case 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 Kings Crossing PD Master
Plan, received January 6, 2022, unless otherwise specifically set forth in any associated
development agreement; provided, however, that all subsequent development orders
shall be consistent with the provisions of this Ordinance.
(3). Unless specifically requested and approved on the Kings Crossing Master
Plan or the associated development agreement, any required elements missing from or
not shown on the PD Master Plan shall otherwise comply with the City's Land
Development Regulations (LDRs).
(4). The Property Owner shall work with staff to establish hardscape elements
that complement the overall site layout and architecture such as the following:
(i). Architecturally compatible wing walls on all monument
signs fronting East Lake Mary Boulevard and East State Road 46.
(ii). An architecturally compatible knee wall located between
any surface parking and East State Road 46.
(iii). Hardscape elements including decorative pavers, colored
concrete or stamped concrete deemed acceptable by the City shall
be provided at the primary entrances and pedestrian nodes within
the development.
(iv). Established pedestrian connectivity as required between
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.
(v). Notwithstanding any other provision of this Ordinance, the
Property Owner shall be afforded flexibility with regard to buffering
such as walls, wrought iron fences, and landscaping being located
between uses within the Kings Crossing PD.
(5). A comprehensive signage program meeting the standards of the City's
LDRs shall be required for the entire development including, but not limited to, the
commercial and multiple family residential uses.
(6). Cross access easements, in a form approved by the City Attorney, shall
be provided to ensure that all parcels within the Kings Crossing PD to ensure that
parcels can be accessed internally and to provide for future connectivity to adjacent
parcels in appropriate locations to maximize infrastructure, reduce impacts on adjacent
roadways and limit the number of driveways onto the external road systems.
(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). Unless specifically requested and approved on the Kings Crossing PD
Master Plan or the associated PD development agreement, all development shall
comply with:
(i). Tree mitigation per Section 4.2, Criteria For Tree
Removal, Replacement And Relocation, of the City's LDRs.
(ii). All setback and buffer requirements set forth in the
Sanford—Seminole County JPA, as they apply to the subject PD.
(iii). All commercial elements of the Kings Crossing PD shall
be in accordance with Schedule , Architectural Design Standards, of
the City's LDRs.
(9). 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.
(10). 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.
(11). Any proposed residential component shall submit for and obtain a school
capacity availability letter of determination and a school impact analysis used to
determine school impact fees and proportionate share mitigation as deemed necessary
for a proposed development prior to final engineering approval and issuance of any
development permits.
(12). Due to the proximity of the subject property to the Orlando Sanford
International Airport, the Property Owner shall file a Federal Aviation Authority (FAA)
Form 7460 with the FAA and provide copies to the City and the Sanford Airport
Authority before any land development permit is issued and additional soundproofing
may be required on the multiple family units as well as the recording oof an avigation
easement in a form approved by the City.
(13). The following design elements will be considered during the development
plan review process of each building and surrounding infrastructure:
(i). 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.
(ii). 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.
(14). Height of all structures shall be limited to 4 stories or 56' in accordance
with the measurement standards and practices under the City's LDRs.
(15). If City staff and the Property Owner is unable to agree to the details of
these conditions, 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.
F951
Section 3. Incorporation of map and PD Master Plan for Kings Crossing
The map attached to this Ordinance is hereby ratified and affirmed and
incorporated into this Ordinance as a substantive part of this Ordinance and the City's
actions relating to the Kings Crossing PD.
8 a,
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
with all past actions of the City relative to the subject property which are hereby ratified
and affirmed.
Section 5. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 6. Non -codification; Implementation.
(a). This Ordinance shall not be codified in the City Code of the City of
Sanford or the 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 PD property's zoning classification shall revert to
an un -zoned property status.
Section 7. Effective Date.
91P a,
This Ordinance shall take effect immediately upon enactment and upon
Ordinance No. 4648 (annexation ordinance) and Ordinance No. 4649 (Comprehensive
Plan amendment ordinance) becoming final and in effect.
Attest:
Passed and adopted this 1 Oth day of January, 2022.
City Commission of the City of
Sanford, Florida _
Traci Houchin, MMC, FCR Art Mo"O'd
City Clerk Mayor
Approved as to form and legat,sufficienc
Co ert, City Atto y
1�5
AII&F
CITY COMMISSION MEMORANDUM 22007
JANUARY 10, 2022 AGENDA
M
Honorable Mayor and Members of the City Commission
WS RM X
Item No. el. t>.3
PREPARED BY: Eileen Hinson, AICP —Planning Director
SUBMITTED BY: Norton N. Bonaparte, Jr., lCMA-CM, City Manager
SUBJECT: Rezone 24.15 acres from A-1, Agriculture and C-3, General Commercial
and Wholesale to PD, Planned Development for a proposed mixed-use
commercial and multiple family residential project at 4141 E SR 46.
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
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A request to rezone 24.15 acres from A-1, Agriculture and C-3, General Commercial and
Wholesale to PD, Planned Development for a proposed mixed-use commercial and multiple family
residential project with a project address of 4141 E SR 46 has been received.
The property owner is Walter N. King Trustee. The applicant is Robert A. Merrell of Cobb Cole.,
who was responsible for completing the required CAPP meeting on February 26, 2019.
The Affidavit of Ownership and Designation of Agent forms are attached and other information is
available in order to ensure that all potential conflicts of interests are capable of being discerned.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the subject property is currently vacant. Based on
the 2021 property tax roll, the four parcels have a combined assessed value of $12,533. The total
tax bill for the four parcels in 2021 was $183.04. Rezoning the property will further facilitate future
residential and commercial uses and will generate additional ad valorem and utility revenues for
the City.
Page 10 of 10
No additional staffing is anticipated if the PD Rezone is approved.
BACKGROUND:
The 24.15 acre property is located in Unincorporated Seminole County, at the southeast comer of
East State Road 46 and East Lake Mary Boulevard. The site is zoned C-3 General Commercial
and Wholesale (Seminole County), and A-1, Agriculture (Seminole County) with a Future Land
Use of IND, Industrial (Seminole County).
The property owner has filed a petition to annex the entire 24.15 acres into the City of Sanford in
order to obtain City services and develop a future mixed use commercial and residential project.
Upon annexation, the subject property will retain its Seminole County Industrial future land use
designation, pending approval of the future land use change to incorporate the property into the
City of Sanford's Comprehensive Plan. The applicant has submitted a concurrent request to amend
the Future Land Use designation to GC, General Commercial in the City.
All new development shall be required to address infrastructure needs, provision of services,
development phasing, and development intensity and land use compatibility as part of an
integrated design scheme which includes very detailed strategies and techniques for resolving
development impacts.
The property is within Joint Planning Sub Area 3 of the 2015 Seminole County/City of Sanford
Joint Planning Area. Sub Area 3 encompasses the intersection of SR 46 and CR 415 (East Lake
Mary Boulevard) and shall provide for a commercial node to serve the eastern portion of the City.
Properties within Sub Area 3 shall provide street buffers and general landscaping as identified in
Exhibit C of the 2015 Seminole County/City of Sanford Joint Planning Area. These requirements
are in addition to the minimum requirements of the City of Sanford Land Development
Regulations (LDR) and those identified on the Kings Crossing Master Plan.
The applicant is proposing a mixed-use development at the eastern edge of the City's current
jurisdictional boundary. The uses proposed will be those uses allowed within the GC -2 zoning
district pursuant Schedule B — Permitted Uses, along with several conditional uses under General
Commercial, including vehicle services, and multi -family residential. The Kings Crossing Master
Plan includes development standards, landscape buffers and parking requirements proposed for
the development. Staff finds the standards identified to be generally consistent with general
commercial and multiple family mixed use development. All new development shall be required
to address infrastructure needs, provision of services, development phasing, and development
intensity and land use compatibility as part of an integrated design scheme which includes very
detailed strategies and techniques for resolving development impacts. The following elements of
the Comprehensive Plan support the rezone request.
Policy FLU 1.3.6: Designate General Commercial Development (GQ. The General Commercial
(GC) areas are designated on the Future Land Use Map for purposes of accommodating
community -oriented retail sales and services; highway -oriented sales and services; and other
general commercial activities. Multifamily residential is encouraged as a secondary use to foster
sustainable, mixed-use developments that reduce vehicle miles traveled and support a walkable
Page 10 of 10
community. The General Commercial designation generally shall be located in highly accessible
areas adjacent to major thoroughfares which possess necessary location, site, and market
requirements. The maximum intensity of General Commercial development measured as a floor
area ratio is 0.50. All new development within General Commercial designated areas shall be
required to comply with performance criteria. The General Commercial area is not generally
intended to accommodate manufacturing, processing, or assembly of goods, sales and service of
heavy commercial vehicle and equipment, or related services or maintenance activities;
warehousing; uses requiring extensive outside storage; or other activities which may generate
nuisance impacts, including glare, smoke or other air pollutants, noise, vibration or major fire
hazards, or other impacts generally associated with more intensive industrial uses. Multifamily
residential is permitted within this designation at a density of 20 dwelling units per acre. The
residential mix may not exceed more than 40 percent of the total square footage of the general
commercial uses. The provision of residential must result in a no net increase in demand for public
facilities (not including schools) greater than that which would be required for general commercial
uses. The City will coordinate with the School Board regarding residential development within
this district as required in the Public School Facilities Element to ensure the availability of
adequate school facilities.
Comprehensive Plan
Development with the General Commercial Future Land Use designation shall consist of land for:
1) residential/office/and institutional mixed uses; 2) neighborhood commercial development; 3)
general commercial development; and 4) central business district development and redevelopment.
The allocation of land for mixed-use development including commercial and multiple family
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 1.1: Implement the Future Land Use Map Series. The maximum density
and Floor Area Ratio for the GC, General Commercial future land use is as follows:
Land Use Designations
Map Symbol
Density/Intensity(Max)
General Commercial (), Office
GC
0.50 FAR
0 Where compatible with adjacent uses, Multifamily residential no greater than 20 units per acre
is permitted as a secondary use to the general commercial uses provided the residential use is not
more than 40 percent of the square footage of the general commercial use on the site. The
provision of residential must result in a no net increase in demand for public facilities (not
including schools) greater than that which would be required for general commercial uses.
The proposed PD is a mix of uses featuring commercial and multiple family residential uses. This
mix of uses is consistent with the surrounding properties.
Policy FLU 1.3.6: Designate General Commercial Development (GQ. The General
Commercial (GC) areas are designated on the Future Land Use Map for purposes of
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accommodating community -oriented retail sales and services; highway -oriented sales and
services; and other general commercial activities. Multifamily residential is encouraged as a
secondary use to foster sustainable, mixed-use developments that reduce vehicle miles traveled
and support a walkable community.
The General Commercial designation generally shall be located in highly accessible areas adjacent
to major thoroughfares which possess necessary location, site, and market requirements. The
maximum intensity of General Commercial development measured as a floor area ratio is 0.50.
All new development within General Commercial designated areas shall be required to comply
with performance criteria.
The proposed PD is looking to establish multiple family residential as one of the approved uses of
the overall development. The maximum density will be per the GC, General Commercial land use
and the comprehensive plan of twenty (20) dwelling units per net buildable acre. The reaming
acreage is designated for General Commercial uses. The proposed PD is consistent with Policy
FLU 1.3.6 as the applicant is proposing a mixed use development including multiple family
residential.
Transportation Element
Policy M 1.2.5: Monitor Traffic Impacts. New development and redevelopment with the City,
including its two established TCEAs, shall submit to the City a traffic impact analysis report. This
report shall evaluate all roadways identified by the City. The evaluation shall follow professional
standards described within the Land Development Regulations.
The applicant has provided a traffic impact memo dated June 30, 2021.
Infrastructure Element
Policy INF 1.1.1: Enforce General Performance Standards. The City of Sanford shall maintain
Land Development Regulations (LDRs) that include performance standards requiring that public
facilities be provided concurrent with the impacts of new development. The City shall enforce
performance standards ensuring that the location, scale, timing and design of development shall
be coordinated with public facilities and services in order to prevent the proliferation of urban
sprawl and achieve cost effective land development patterns.
Water, sewer and reclaimed water will be provided by the City ofSanford for the proposed PD.
Policy INF 2.4.2: 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. If not
within the required reclaimed water connection distances as listed in the "Utilities Standards and
Specifications and Design Standards for Water Conservation", new development shall use the
lowest quality available water for irrigation purposes. The distance from a reclaimed water line
shall be measured along the path of the City's future reclaimed water lines.
Irrigation on the subject site would be provided by the City of Sanford reclaim service.
Page 10 of 10
Conservation Element
Policy CON 1.2.4: Regulate Wastewater Treatment Discharge to Preserve Water Quality.
The City of Sanford shall continue to enforce performance standards established in the LDRs to
protect water quality. These standards promote application of innovative concepts in wastewater
collection and disposal, and ensure connection to the public wastewater system where feasible.
The proposed development will be connected to City sewer.
Rezoning the property to PD from the existing agricultural uses to a mixture of residential and
commercial uses is generally consistent with the Goals, Objectives and Policies of the General
Commercial Land Use of the Comprehensive Plan. The Future Land Use Element seeks to
establish commercial uses with potential secondary uses of Multi -family residential. The general
development patterns and the terms of the JPA provide for additional support for the needed
services proposed in this development.
LEGAL REVIEW:
The City Attorney may or may not have reviewed the staff report and the specific analysis provided
by City staff, but has noted the following that should be adhered to in all quasi-judicial decisions:
Section 166.03 )3, Florida Statutes, as amended in the recent Legislative Session, in Chapter 2021-
224,
021-224, Laws of Florida (deriving from Committee Substitute for Committee Substitute for House
Bill Number 1059) provides as follows (please note emphasized text):
"166.033 Development permits and orders.—
(1) Within 30 days after receiving an application for approval of a development permit or
development order, a municipality must review the application for completeness and issue a letter
indicating that all required information is submitted or specifying with particularity any areas that
are deficient. If the application is deficient, the applicant has 30 days to address the deficiencies
by submitting the required additional information. Within 120 days after the municipality has
deemed the application complete, or 180 days for applications that require final action through a
quasi-judicial hearing or a public hearing, the municipality must approve, approve with
conditions, or deny the application for a development permit or development order. Both
parties may agree to a reasonable request for an extension of time, particularly in the event of a
force majeure or other extraordinary circumstance. An approval, approval with conditions, or
denial of the application for a development permit or development order must include written
findings supporting the municipality's decision. The timeframes contained in this subsection do
not apply in an area of critical state concern, as designated in s. 380.0552 or chapter 28-36, Florida
Administrative Code.
(2)(a) When reviewing an application for a development permit or development order 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.
Page 10 of 10
(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) When a municipalitV denies an application for a development permit or development
order, the municipality shall 14ive 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 or order.
(4) As used in this section, the terms "development permit" and "development order" have the
same meaning as in s. 163.3164, but do not include building permits.
(5) 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
or development order that an applicant obtain a permit ora roval 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.
(6) Issuance of a development permit or development order by a municipality does not 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.
(7) 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
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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 [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).
(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
Page 10 of 10
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).
When voting on matters such as whether to recommend approval of an amendment to the City's
Comprehensive Plan or the enactment of, or amendment to, a land development regulation, those
matters are legislative in nature and not quasi-judicial matters.
The City Commission has also expressed its desire for all who vote against the majority decision
to express the rationale for their vote with regard to all matters.
The City attorney has drafted the ordinance for this item.
The City Commission approved the first reading of Ordinance No. 4650 on December 13, 2021.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on December 29,
2021.
RECOMMENDATION:
Staff has reviewed the request to rezone 24.15 acres from A-1, Agriculture and C-3, General
Commercial and Wholesale to PD, Planned Development for a proposed mixed-use commercial
and multiple family residential development and found the request to be consistent with the goals,
objectives and policies of the City's Comprehensive Plan. When presented to the Planning and
Zoning Commission staff recommended approval 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. All development shall be consistent with the Kings Crossing PD Master Plan, received
October 19, 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 Kings Crossing 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.
4. The applicant shall work with staff to establish Hardscape elements that complement the
overall site layout and architecture such as the following:
a. Architecturally compatible wing walls on all monument signs fronting East Lake
Mary Boulevard and East SR 46.
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b. An architecturally compatible knee wall located between any surface parking and
East SR 46.
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 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.
5. A comprehensive signage program meeting the standards of the Land Development
Regulations shall be required for the entire development including, but not limited to, the
commercial and multiple family residential uses.
6. Cross Access easements shall be provided such that all parcels within the PD can be
accessed internally and shall provide for future connectivity to adjacent parcels in
appropriate locations to maximize infrastructure, reduce impacts on adjacent roadways and
limit the number of driveways onto the external road systems.
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. Unless specifically requested and approved on the Kings Crossing 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. All setback and buffer requirements set forth in the Sanford — Seminole County
JPA, as they apply to this project.
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.
9. 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.
10. 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.
11. Any proposed residential component shall submit for and obtain a School Capacity
Availability Letter of Determination (SCALD) and a School Impact Analysis (SIA) used
to determine school impact fees and Proportionate Share Mitigation as deemed necessary
for a proposed Development prior to final engineering approval and issuance of any
permits.
12. 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. Additional soundproofing may be
required on the multiple family units.
13. The following design elements will be considered during the development plan review
process of each building and surrounding infrastructure:
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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.
14. 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.
At the November 4, 2021 meeting, the Planning and Zoning Commission reviewed the request. At
the meeting, the following modifications were requested by the applicant and approved as noted
below:
1. Pursuant to Section 4.3.G of the Land Development Code of the City of Sanford, this PD
rezoning action set forth herein shall expire five years from the effective date of this
Ordinance if a site development permit is not issued for the project within two years of the
said effective date, in which case shall expire three years from the effective date of this
Ordinance if all improvements have not been completed or an extension granted.
And to add the following additional condition under number 4:
e. Notwithstanding any other provision of this Ordinance, the Property Owner shall be
afforded flexibility with regard to buffering such as walls, wrought iron fences, and
landscaping being located between uses within the Kings Crossing PD.
In addition, the following condition was added to the recommendation:
15. Height of all structures shall be limited to four stories or 56' in accordance with the
measurement standards and practices under the City's LDRs.
It is staff's recommendation the City Commission adopt Ordinance No. 4650.
Additional comments or recommendations may be presented by staff at the meeting.
SUGGESTED MOTION:
"I move to approve adopt Ordinance No. 4650."
Attachments: Project Information Sheet
Site Vicinity Map
Aerial Map
Affidavit of Ownership and Designation of Agent
CAPP Report
PD Master Plan dated October 19, 2021
Ordinance No. 4650
TADevelopment Review\03-Land Developinent\2021\4141 East SR 46\PDR\CCNCC Memo - 4141 E SR 46 - PDRZ.doex
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