4660 Amend the All Souls PD Master Plan - 3280 W. 1st StreetOrdinance No. 2022-4660
An ordinance of the City of Sanford, Florida relating to a Planned
Development (PD) by rezoning 39.69 acres in size and creating the All
Souls PD; providing for the rezoning of real property generally
addressed and located at 3280 West 1st Street and assigned Tax
Parcel Identification Numbers 22-19-30-5AD-0000-0280 and
22-19-30-5AD-0000-0050 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 All
Souls 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 3280 West 1st Street as a Planned Development (PD) zoning
classification/district being named the All Souls PD with the rezoning action pertaining to
the multi -family residential portion of the All Souls PD; and
Whereas, the City Commission enacted Ordinance Number. 2021-4587 on
February 8, 2021 amending the previous All Souls PD Master Plan which related to the
All Souls Catholic Church and High School and created a mixed use residential and
commercial development (an associated PD Development Order Number 21-04 was also
entered); and
Whereas, the most recently approved Master Plan which provided for a
commercial tract of 4.12 acres fronting on State Road 46, with 2 multifamily tracts totaling
21.43 acres and a townhome tract of 14.14 acres; and
Whereas, the subject application is requesting a rezone to amend the All Souls
IIP [.! '_�
PD Master Plan to redistribute acreages among the 4 tracts by increasing the size of
Parcel D (townhomes) to 15.76 acres, while distributing the acreage evenly between
Parcels B and C (multifamily) and reducing the overall acreage to 21.04 acres while also
significantly decreasing the acreage of Parcel A (the commercial tract) to 2.66 acres in
size; and
Whereas, Bishop John G Noonan of the Diocese of Orlando, Catholic Church,
is the owner of the property which is the subject of this Ordinance (Tax Parcel
Identification Number 22-19-30-5AD-0000-0280) as assigned by the Seminole County
Property Appraiser) and SR 46 Land Investors LLC, of Winter Park, is a contract
purchaser for a portion of the said property; and
Whereas, Christopher J. Gardner, Andrew M. Gardner and Peter V. Gardner
are the managers of SR 46 Land Investors LLC; and
Whereas, the subject property is 22.80 acres in size and is generally
addressed as 3280 West 1st Street and is located in unincorporated Seminole on the
north side of State Road 46 (West 1st Street) between Martin Luther King Jr Boulevard
and West Airport Boulevard; and
Whereas, the subject property is located within sub -area 8 of the 2015
Seminole County/City of Sanford Joint Planning Agreement (JPA) which JPA provides as
follows:
The City has amended its Comprehensive Plan to require PD zoning in this area.
All lands in this area annexed by the City subsequent to the JPA have received
land use designations of Westside Industry Commerce, one of the City's
equivalent designations to HIP -TI. City and County Comprehensive Plan policies
for this area are very similar. The City's densities and floor areas are slightly less
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intense than the County's. The County and the City established gateway corridor
standards for SR 46 to ensure compatible and aesthetically pleasing development
in the area. This area is developing rapidly, consistent with both the City and the
County's Comprehensive Plan policies and corridor standards. The County and
City, working together, have been successful in minimizing urban sprawl, providing
affordable housing opportunities and targeting industrial and commercial growth in
this area. Both the County and the City will continue to ensure that the area is
developed consistent with their mutually agreed upon standards and policies. This
area should be reserved for target industry and SunRail supporting development
as there is limited vacant acreage available on which target industry will site.
Single-family and low or medium density residential developments are not
compatible within this area.
; provided, however, that, in the 2018 modification to the City's Comprehensive Plan, the
City removed the requirement to rezone properties to PID, but the remainder of the
Objective apply; and
Whereas, Nicole Martin., Madden, Moorhead & Stokes, Inc., of Maitland, has
made application on behalf of the Property Owner for the City to take the action herein
taken and the CAPP (Citizens Awareness and Participation Plan) was determined by the
City to be inapplicable to the subject action; and
Whereas, the subject property is assigned the Westside Industry and
Commerce (WIC) future land use designation under the provisions of the City's
Comprehensive Plan, is identified as a mixed use district as noted in the below objective:
OBJECTIVE FLU 1.12: Promote Westside Industry and Commerce
(WIC). The "Westside Industry and Commerce" (WIC) area is a mixed use
designation intended to promote the development of employment centers
in the vicinity of the West SR 46 corridor and the commuter rail station. The
corridor's proximity to 1-4 as well as SR 417 and the SunRail commuter line
provides access to Regional markets and a substantial labor force. The
CSX Main Rail Line also provides a transportation amenity of Regional
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Whereas, the breakdown for the (WIC) future land use designation mixed use
district shall be meet as follows:
LAND USE
DESIGNATIONS
MAP
SYMBOL
DENSITY/INTENSITY (MIN/MAX)
*PERCENTAGE DISTRIBUTION (MIN/MAX)
COMMERCIAL
INDUSTRIAL
RESIDENTIAL
Westside
Industry
& Commerce
WIC
0.50 FAR
0.50 FAR
10/20 du/acre
15%/50%
30%/75%
10%/40%
; and
Whereas, although each parcel is not required to have individual percentages
achieving the above, it is important that larger tracts, such as the tract being acted upon in
this Ordinance, promote the intent of the future land use designation by including an
adequate distribution of land uses to meet the above Comprehensive Pan Objective; and
Whereas, the proposed reduction from 4.12 acres of commercial further
diverges from the intent of a mixed use future land use designation which has the genera;
purpose of providing higher percentages of commercial and industrial uses as noted in
the above table; and
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Whereas, additionally the 2020 pd Master Plan, allowed for an average of a
20% open space with sharing and transferring of open space between tracts; the revised
PD Master Plan continues the standard which was established with the 2020 Master Plan
as follows:
2020
2021
Commercial: 4.12Acres
Commercial: 2.66 Acres
Age -Restricted: 7.80 Acres
Age Restricted: 10.1 Acres
Multi -Family: 13.63 Acres
Multi -Family: 10.95 Acres
Townhomes: 14.14 Acres
Townhomes: 15.76 Acres
Open Space: 7.94 Acres
Open Space: 10.25 Acres
; and
Whereas, this reduced amount of open space is not consistent with recent
approvals for other residential developments within the Cit; 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 Land Development
Regulations (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
Planning and Zoning Commission; and
5 111 a �� ,
Whereas, the City of Sanford's Planning and Zoning Commission, as the City's
local planning agency, held a public hearing on December 2, 2021 to consider amending
the zoning of the subject property and recommended approval of the action taken herein
as requested by the Property Owner which is to develop the subject property as the All
Souls PD consisting of the revised All Souls PD Master Plan; and
Whereas, the City Commission has determined that the proposed rezoning of
the subject property as set forth in this Ordinance is consistent with the Comprehensive
Plan of the City of Sanford, the City's LDRs, and the controlling provisions of State law;
and
Whereas, the City Commission of the City of Sanford, Florida has taken all
actions relating to the All Souls PD 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
Comprehensive Plan of the City of Sanford.
Section 2. Rezoning of real propertylimplementing actions; the All Souls
(a), Upon enactment of this Ordinance the subject property, as depicted in the
map attached to this Ordinance shall be rezoned to the All Souls 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 All Souls PD and to revise and amend the Official Zoning Map or Maps of
the City of Sanford as may be appropriate to accomplish the action taken in this
Ordinance and as set forth herein.
(c). The conditions to be incorporated into the pertinent development order
relating to the action taken in this Ordinance include the following:
(1). Pursuant to Section 4.3.G of the City's LDRs, this rezoning
shall expire 3 years from the effective date of this Ordinance if all
improvements have not been completed or an extension granted.
(2). All development shall be consistent with the All Souls PD
Master Plan, received by the City on September 13, 2021, and included in
the multiple family residential standard waiver requests, and, otherwise,
only unless otherwise specifically set forth in any associated development
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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 All Souls
PD Master Plan, received by the City on September 13, 2021, any required
elements missing from or not shown on the PD Master Plan shall comply
with the City's LDRs.
(4). All requirement and standards in Development Order Number
21-04 as recorded in Official Records Book 9892, Page 1653 through Page
1680 of the Public Records of Seminole County, shall still apply with the
exception of any condition otherwise superseded by this Ordinance or any
controlling provisions of law applicable thereto.
(5). All required building permits and site development permits
shall be obtained prior to any work being performed and all such permits
shall be subject to the controlling provisions of law applicable thereto and
the fee schedule associated therewith.
(6). A minimum of 30% open space shall be required as an
average between all residential parcels and no individual residential
development shall have less than 20% of dedicated open space which shall
include amenity areas and ponds that are amenitized.
(7). The commercial tract fronting State Road 46 may be reduced
in size to 2.66 acres with the requirement that the site shall be developed
with a commercial building of no less than 12,600 square feet in size, but no
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greater than the maximum floor area ratio permitted in order to preserve the
intent of the Westside Industry and Commerce land use designation as a
mixed use land use designation.
(8). The parking standard for the commercial tract may be
amended to reflect a minimum parking count of 2 to 4 parking spaces per
thousand square feet of development, dependent upon the needs of the
end user.
(9). 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 for resolution at a public hearing,
and the matter will be adjudicated by means of a development order or
denial development order relating thereto.
(10). In agreeing to the above conditions in the subsequent PD
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 the All Souls PD Master Plan for the
All Souls 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
Section 4. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed; provided, however, that the prior actions of the City pertaining to the All Souls
PD that are not inconsistent with the actions taken herein 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 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
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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 immediately upon enactment.
Passed and adopted this 24th day of January, 2022.
Attest:
Traci Ho&in, MMC, F1.RM
i 'Cler e
MOL� I
App&Med as to formn aRnIII d•al iciency.
City Commission of the City of
Sanford, Fjorida _
111 1:1 �u ,
M` t
b. Colbert, City Att rn
,� rJnl /I ,Gtr, D r
121 P; i
aCrCITY OF F/I FEj u L WS— RM X
SkNFORD
FLORIDA Item No.
CITY COMMISSION MEMORANDUM 22-027
JANUARY 24, 2022 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP – Planner Director
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Application to Amend the All Souls PD Master Plan at 3280 W. I st Street
by revising uses, parcels and the overall development program.
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
F] Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A request to rezone the All Souls PD by amending the All Souls PD Master Plan at 3280 W. I"
Street by revising uses, parcels and the overall development program.
The property owners are SR 46 Land Investors LLC and Bishop John G Noonan, Catholic Diocese.
The applicant is Chad Moorhead of Madden, Moorhead & Stokes, LLC.
The Affidavit of Ownership and Designation of Agent form is attached and additional information
is available in order to ensure that all potential conflicts of interest are capable of being discerned.
FISCAL/STAFFING STATEMENT:
According to the Seminole County Property Appraiser's website, the site is developed with a house
of worship. The first parcel has an assessed value of $6,862,527, however, as it is owned by the
Catholic Diocese therefore the total tax bill was $0. The second parcel has an assessed value of
$4,589,987 and is owned by SR 46 Land Investors, LLC. The total tax bill for the site was
$83,739.72.
The approximate 40 acre site consisting of two parcels is located on the north side of State Road
46 (West I st Street) between Martin Luther King Jr. Boulevard and West Airport Boulevard. The
City Commission adopted Ordinance No. 2021-4587 on February 8, 2021 amending the previous
Planned Development Master Plan for the All Souls Catholic Church and High School PD Master
Plan creating a mixed use residential and commercial development. An associated Development
Page I of 6
Order No. 21-04 was executed in conjunction with the Ordinance and is attached as an exhibit to
this report.
The most recent Master Plan was approved in 2020. The 2020 Master Plan was approved with a
4.12 acre commercial tract fronting on State Road 46, with two multifamily tracts totaling 21.43
acres and a townhome tract of 14.14 acres. The applicant is requesting a rezone to amend the PD
Master plan to redistribute acreages among the four tracts. The proposed Master Plan increases the
size of Parcel D (Townhomes) to 15.76 acres, while distributing the acreage evenly between
Parcels B and C (Multifamily) and reducing the overall acreage to 21.04 acres. The proposed plan
also significantly decreases the acreage of Parcel A (the Commercial tract) down to 2.66 acres.
The WIC Future Land use designation, to which this property is accorded, is identified as a mixed
use district as noted in the below objective:
OBJECTIVE FLU 1.12: Promote Westside Industry and Commerce (WIC). The "Westside
Industry and Commerce" (WIC) area is a mixed use designation intended to promote the
development of employment centers in the vicinity of the West SR 46 corridor and the commuter
rail station. The corridor's proximity to 1-4 as well as SR 417 and the SunRail commuter line
provides access to Regional markets and a substantial labor force. The CSX Main Rail Line also
provides a transportation amenity of Regional significance.
The breakdown for this mixed use district shall meet the following breakdown:
LAND USE
DESIGNATIONS
MAP
SYMBOL
DENSITY/INTENSITY (MIN/MAX)
*PERCENTAGE DISTRIBUTION (MIN/MAX)
COMMERCIAL
INDUSTRIAL
RESIDENTIAL
Westside Industry
& Commerce
WIC
0.50 FAR
0.50 FAR
10 / 20 du/acre
15%/50%
30%/75%
10%/40%
Although each parcel is not required to have individual percentages achieving the above, it is
important that larger tracts, such as this one, promote the intent of the district by including an
adequate distribution of land uses to meet the above objective.
The proposed reduction from 4.12 acres of commercial further diverges from the intent of a mixed
use district with purpose of providing higher percentages of commercial and industrial uses as
noted in the table.
Additionally, the 2020 Master Plan allowed for an average of a 20% open space with sharing and
transferring of open space between tracts. The revised Planned Development Master Plan
continues the standard which was established with the 2020 Master Plan; however, this reduced
amount of open space is not consistent with recent approvals for other residential developments
within the City.
2020
2021
Commercial: 4.12Acres
Commercial: 2.66 Acres
Age -Restricted: 7.80 Acres
Age Restricted: 10.1 Acres
Multi -Family: 13.63 Acres
Multi -Family: 10.95 Acres
Townhomes: 14.14 Acres
Townhomes: 15.76 Acres
Page 2 of 6
I Open Space: 7.94 Acres J Open Space: 10.25 Acres I
Additionally, this parcel falls within Sub -Area 8 of the City/County JPA and is subject to the
following:
The City has amended its Comprehensive Plan to require PD zoning in this area. All lands
in this area annexed by the City subsequent to the JPA have received land use designations
of Westside Industry Commerce, one of the City's equivalent designations to HIP -TI. City
and County Comprehensive Plan policies for this area are very similar. The City's densities
and floor areas are slightly less intense than the County's. The County and the City
established gateway corridor standards for SR 46 to ensure compatible and aesthetically
pleasing development in the area. This area is developing rapidly, consistent with both the
City and the County's Comprehensive Plan policies and corridor standards. The County
and City, working together, have been successful in minimizing urban sprawl, providing
affordable housing opportunities and targeting industrial and commercial growth in this
area. Both the County and the City will continue to ensure that the area is developed
consistent with their mutually agreed upon standards and policies. This area should be
reserved for target industry and SunRail supporting development as there is limited vacant
acreage available on which target industry will site. Single-family and low or medium
density residential developments are not compatible within this area.
In the 2018 modification to the Comprehensive Plan, the City removed the requirement to rezone
to PD, Planned Development; however the remainder of the objectives apply.
Staff has provided conditions within the recommendations to address the standards for the reduced
open space and commercial tracks proposed.
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 166.033, Florida Statutes, as amended in the 2022 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):
"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
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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.
(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 municipality denies an application for a development permit or
development order, 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 or order.
(4) As used in this section, the terms "development pen -nit" 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 or
approval from any state or federal agency unless the al4ency 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 pen -nit 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 pen -nits 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:
Page 4 of 6
"(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).
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).
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 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.
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 approved the first reading of Ordinance No. 4660 on January 10, 2022.
The City Clerk published notice of the 2" Public Hearing in the Sanford Herald on January 16, 2022.
RECOMMENDATION:
Staff provided the Planning and Zoning Commission a recommendation of approval to amend
the All Souls PD at 3280 W I" Street subject to the following conditions:
1. Pursuant to Section 4.3.G of the City's LDRs, 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 improvements shall be generally consistent with the land uses and development
standards depicted on the All Souls PD Master Plan as received September 13, 2021,
unless otherwise specifically set forth in any associated development order.
3. All requirement and standards in Development Order No. 21-04 as recorded in ORB 9892
PG 1653-1680 of the public records of Seminole County, shall still apply with the
exception of any condition otherwise superseded by this approval or any controlling
provisions of law applicable thereto.
4. All required building permits and site development permits, shall be obtained prior to any
work being performed. All such permits shall be subject to the controlling provisions of
law applicable thereto and the fee schedule associated therewith.
5. A minimum of 30% open space shall be required as an average between all residential
parcels. No individual residential development shall have less than 20% of dedicated open
space.
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6. The Commercial tract fronting SR 46 shall be no less than four acres in size in order to
preserve the intent of Westside Industry and Commerce mixed use district.
7. If City staff and the Property Owner are unable to agree to the details of this Development
Order, 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.
On December 2, 2021, the Planning and Zoning Commission recommended the City Commission
amend the All Souls PD zoning at of 3280 W. Is' Street subject to the above noted conditions with
the following modifications to condition numbers 2, 5 and 6 and an additional condition regarding
parking.
1. All improvements shall be generally consistent with the land uses and development
standards depicted on the All Souls PD Master Plan as received September 13, 2021 and
included in the Multiple Family Residential standard waiver requests unless otherwise
specifically set forth in any associated development order.
2. A minimum of 30% open space shall be required as an average between all residential
parcels. No individual residential development shall have less than 20% of dedicated open
space which shall include amenity areas and ponds that are amenitized.
3. The Commercial tract fronting SR 46 shall may be reduced in size to 2.66 acres with the
requirement that the site shall contain a commercial building of no less than 12, 600 square
feet but no greater than the maximum floor area ratio permitted in order to preserve the
intent of Westside Industry and Commerce mixed use district.
4. The parking standard for the commercial tract may be amended to reflect a minimum
parking count of two to four spaces per thousand, dependent upon the needs of the end
user.
The applicant has followed up and provided an exhibit to depict the elements as described in
condition number two (2).
Additional comments or recommendations may be presented by staff at the meeting.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4660, subject to all recommended conditions."
Attachments:
(1)
Project Information Sheet
(2)
Aerial Map
(3)
Zoning Map
(4)
Affidavits of Ownership
(5)
DO No. 21-04
(6)
All Souls PD Master Plan
(7)
Open Space Exhibit
(8)
Ordinance No. 4660
T:\Development Review\03-Land Development\202 1 \3280 W I st Street\Rezone\CC\CC Memo - 3280 W I st Street
PD Rezone—Ist.doex
Page 6 of 6
Requested Action:
Proposed Use:
Project Address:
Current Zoning:
Proposed Zoning
Current Land Use:
Tax Parcel Number
Site Area:
Property Owner:
PROJECT INFORMATION - 3280 W I ST STREET REZONE
Rezone the multi -family residential portion of the All Souls PD at 3280 W Is'
Street
Mixed Use Development
3280 W I" Street
All Souls PD, Planned Development
All Souls PD, Planned Development
INS, Institutional, Church
22-19-30-5AD-0000-0280; 22-19-30-5AD-0000-0050
39.69 Acres
SR 46 Land Inventers, LLC and Bishop John G Noonan, Catholic Diocese.
P.O. Box 1800
Orlando, FL 32802
Applicant/Agent: Nicole Martin
Madden, Moorhead, & Stokes LLC
431 E. Horatio Ave Suite 260 Maitland FL 32751
Office: 407-665-2376 Fax: 407-665-2399
Email: nicole@inadden-eng.com
CAPP Meeting: A CAPP meeting is not required.
Commission District: District 2— Kerry S Wiggins Sr.
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.
Future Land Use:
WIC — Westside, Industry, and Commerce
Existing Land Use:
INS, Institutional, Church
SURROUNDING USES
AND ZONING:
Zoning
Uses
North PD
All Souls Church/School
South AG
Central Church
East PD
Anheuser Busch Facility
West PD
Hudson's Outlet Store
Veciend
•
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AG PD
T
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SR -1
MI -2
MR -2 SR -1
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Site
3280 West lst Street
22-19-30-5AD-0000-
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HAWIUNS AVENUE
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Please use additional sheets asneeded. |f any additional sheets are attached to this document, please sign here and note below:
1. Ownership
|. JOHN GNOONAN BISHOP hereby attest mownership ofthe property described below:
Tax Parcel Numbnr(s): 22-1S-30-5AD-0OOO-O05OAND 22'19-3U'5AD-0O0O-028O
Address of 328OVVIST STREET, SANFOKD.FL32771
_--'— —_.�
for which this PDAMENDMENT & SCHOOL CAPACITY
application issubmitted hothe City o[Sanford.
11.Designation ofApplicant's Agent (leave blank ifnot applicable)
Aathe owner/applicant o/the above designated property for which this affidavit issubmitted, | designate the below named individual
no myagent in all matters pertaining to the application pmmme. In authorizing the agent named below to represent mo, or my
company, | attest that the application is made in good faith and that all information contained inthe application isaccurate and
complete $zthe best of my personal knowledge. Christoph
r Gar n�tejir, Man ger
on*ou/Investors,LLC
Applicant's (Print): SignZ
Agent Address: :// N. Pennsylvania Avenue, Winter Park, FL 32789
Email: chrisg@condevfl.com and andyg@condevfl.com Phone: (407) 679-1748 Fax:
ULNotice tnOwner
A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require a new affidavit. If ownership
changes, the new owner assumes all obligations related to the filing application process.
B. If the Owner intends for the authority of the Applicant's Agent to be limited in any manner, please indicate the limitations(s)
below. (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc.)
The owner of the real property associated with this application or procurement activity is a (check one)
• Individual A Corporation oLand Trust oPartnamhip oLimited Liability Company
oOther Woeohbe\:
1. List all natural persons who have an ownership interest in the property, which is the subject matter of this petition, byname and
2. For each corporation, list the name, address, and title cfeach officer; the name and address ufeach director ofthe corporation;
and the name and address of each shareholder who owns two percent (2%) or more of the stock of the corporation. Shareholders
need not be disclosed if a corporation's stock are traded publicly on any national stock exchange.
3. In the case ofatrust, list the name and address of each trustee and the name and address of the beneficiaries of the trust and the
percentage of interest of each beneficiary. If any trustee or beneficiary of trust is o oumurmhun, please provide the information
required inparagraph 2above.
Name of Trust:
1
4. For partnerships, including limited partnerships, list the name and address of each principal in the partnership, including general
or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above.
5. For each ' limited liability company, list the name, address, and title of each manager or managing member; and the name and
address of each additional member with two percent (2%) or more membership interest. If any member with two percent (2%) or
more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information
required in paragraphs 2, 3 and/or 4 above.
Name of LLC:
6. In the circumstances of a contract for purchase, list the name and address of each contract purchaser. If the purchaser is a
corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and/or 5 above.
Name of Purchaser:
Date of Contract:
NAME
TITLE/OFFICE/TRUSTEE
OR BENEFICIARY
ADDRESS
% OF
INTEREST
John G Noonan Bishop - Diocese of Orlando
PO Box 1800, Orlando, FL 32802
100%
I
(Use additional sheets for more space.)
7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shall be
disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains.
8. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. I
understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, special
exception, or variance involved with this Application to become void or for the submission f a procurement activity to be non-
responsive. I certify that I am legally authorized to execute this Affidavit and to,blhid the A icant or Vendor, to the disclosures
herein. I f•
I )PI
10/30/2020
Date
STATE OF FLORIDA
COUNTY OF SEMINOLE
mi
/" Wner, Agent, Applicant Signature
John G N�oonan Bishop - Diocese of Orlando
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments,
personally appeared Zpkrx Alewn 4A 4vho is personally known to me or { } who produced — as identification
and acknowledged before me that s/he executed the ame. Sworn and subscribed before me, by :2-*hA NgMo^ by means of
�physical presence or (j online notarization on the day of 17eytyI6p_r - , 2020, the said person did take an oath and was first
my sworn by me, on oath, said person, further, deposing and saying that s/he has read the foregoing and that the statements and
allegations contained herein are true and correct.
WITNESS my hand and official seal in the County and State last aforesaid this So day of 0 C+V ber° 2020.
X
NroJP(d5!ic-; State QjVlcif-ida
ffi>
ffix Notarial Seal)
Printed Name:
Affidavit of Ownership - Febrijary 2020
ROBERTO DIAZ
Commission # 1-11-1000087
Expires September 14, 2024
Bonded Ttvu Troy Fain Insurance 800-38510,19-700
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
Ownership
1, Christopher Gardner, Manager hereby attest to ownership of the property described below:
Tax Parcel Number(s): 22-19-30-5AD-0000-0050 AND 22-19-30-5AD-0000-0280
Address of Property: 3280 W I ST STREET, SANFORD, FL 32771
for which this PD AMENDMENT& SCHOOL CAPACITY
application is submitted to the City of Sanford.
It. Designation of Applicant's Agent (leave blank if not applicable)
As the owner/applicant of the above designated property for which this affidavit is submitted, I designate the below named individual
as my agent in all matters pertaining to the application process. In authorizing the agent named below to represent me, or my
company, I attest that the application is made in good faith and that all information contained in, application, is accurate and
complete to the best of my personal knowledge.
Chadwyck H. Moorhead, P,E. X
Applicant's Agent (Print): Signature;
Aqent Address: Madden, Moorhead & Stokes, LLC, 431 E. Horatio Ave., Ste. 260, Maitland, FL 32751
Email: chad@madden-eng.com -Phone: 407-629-8330
Ill. Notice to Owner
Fax: 407-629-8336
A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require a new affidavit. If ownership
changes, the new owner assumes all obligations related to the filing application process.
B. If the Owner intends for the authority of the Applicant's Agent to be limited in any manner, please indicate the limitations(s)
below, (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc.)
The owner of the real property associated with this application or procurement activity Is a (check one)
• Individual o Corporation o Land Trust o Partnership 9 Limited Liability Company
• Other (describe):
1. List all natural persons who have an ownership interest in the property, which is the subject matter of this petition, by name and
address.
2. For each corporation, list the name, address, and title of each officer; the name and address of each director of the corporation;
and the name and address of each shareholder who owns two percent (2%) or more of the stock of the corporation. Shareholders
need not be disclosed If a corporation's stock are traded publicly on any national stock exchange.
3. In the case of a trust, list the name and address of each trustee and the name and address of the beneficiaries of the trust and the
percentage of interest of each beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the information
required in paragraph 2 above.
Name of Trust:
4. For partnerships, including limited partnerships, list the name and address of each principal in the partnership, including general
or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above,
5. For each limited liability company, list the name, address, and title of each manager or managing member; and the name and
address of each additional member with two percent (2%) or more membership interest. If any member with two percent (2%) or
more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information
required in paragraphs 2, 3 and/or 4 above.
Name of LLC: SR 46 Land Investors, LLC
6. In the circumstances of a contract for purchase, list the name and address of each contract purchaser. If the purchaser is a
corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and/or 5 above.
Name of Purchaser:
Date of Contract:
NAME TITLE/OFFICEITRUSTEE
OR BENEFICIARY
ADDRESS % OF
INTEREST
SIR 46 Land Investors, LLC
921 N. Pennsylvania Avenue, Winter Park, FL 32789 100%
(Use additional sheets for more space.)
7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shall be
disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains.
8. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. I
understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, special
exception, or variance involved with this Application to become void or for the submission for a procurement activity to be non-
responsive. I certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures
herein.
Date O'�mer /Agent Ap licant Signature
Christopher ijardn�r, Panager
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day, before me an officer duly authorized to administer oaths and take acknowledgments,
personally who ispers�n Ily knawn ko ()who produced as identification
and,,acknowledged before me'that s/he exec6ted'the same. Sworn nd ubscribed before me, b rk_ by means of
ff'physical presence or { ) online notarization on the?_Iiir�ay of C, (-t, , 2020, the said person did take an oath and was first
duly sworn by me, on oath, said person, further, deposing and saying that s/he has read the foregoing and that the statements and
allegations contained herein are true and correct.
WITNESS my hand and official seal in the County and State last aforesaid this2(t'`ldayof t)(4(,A).J,,Q__,2020.
"V1.1,
Notary Public; State of FI" rida
(Affix Notarial AW k Notary Public Stato of Florida
Printed NamV)e�')"i, i/v� i y % Notary
L
Wendy mMi
Expires
04/
Wendy L Armstrong
Affidavit of OvinersWp -February 2020 r MY ComMisslon GG 204371
ExPires 04/10/2023
L%O%A
Prepared by:
Lonnie N.Groot, Esquire
S(mnstmm, McIntosh, Colbert 8YVhigham. P.A.
3O0International Parkway
Suite 100
Lake Mary, Florida 32748(40)322-2171
Return to:
SabreenaCo|bert
Senior Planner
Planning and Development Services
City ofSanford
3ODNorth Park Avenue
Sanford, Florida 32771
GRANT MALOY, SEMINOLECOUNTY
CLERK OFCIRCUIT COURT & COMPTROLLER
CFN#2D21O44O35Bk:98g2 Page: 10531680(28Pgs)
REC: 04/06/2021 11:12:30 AM byhdevone
RECORDING FEES $239.50
Tax Parcel Identification Numbers 224 and 22-1 .
File #: 20-008868
Permit #:PDR2O-0UUOV8
----------- [SPACE ABOVE THIS LINE FOR RECORDING ---
\\
PLANNED DEVELOPMENT /"P[l)"A����EEKOENT�Jo.21-O4
ALL SOULS TRANSIT VILLAGE PD
\ \~� ` '
This Planned Development Agreement/Development Order, (herein referred to
�
3Sthe "Development Ao[8e[DBnt"\iSmade and executed thiS,?/ �day March, 2O21.bvand
between the City Of Sanford, G Florida DlUniCip@| oD[pO[8tOn (herein referred to as the
"City"), whose address is 30ONorth Park Avenue, Sanford, Florida 32771'and the owners
Of the property, hereinafter deSc[ibed, which is the SUhi8[t Of this O8V8|opDl8Ot
Agreement (herein referred to aSthe "Subject Property" Or"PD property" O["subject PD
property" the legal description for which is set forth herein), GF{ 40 Land IDVeStOrS. LLC,
g Florida limited liability company, whose address 921 North PenOSy|V8Oi8 AVeDUe,
Winter Park, Florida 32789(the "Property {}VvDe[");with joinder herein byBishop John G.
Noonan — Diocese ofOrlando, Post Office Box 1OOO.Orlando, Florida 328O2-18OUwhich
was the owner of the property from which the Subject Property was divided said joinder
being with regard to the nep[8SeD[8tiODs as to property description set forth herein,
WITNESSETH:
Whereas, SR 46 Land Investors, LLC is the owner of the certain real property
(Subject Property) which is described as set forth herein and derived from parcels that
are assigned Tax Parcel Identification Numbers 22-19-30-5AD-0000-0050 and 22-19-30-
5AD-0000-0280 by the Seminole County Property Appraiser the property from which the
Subject Property derived and was divided is owned by Bishop John G. Noonan — Diocese
of Orlando; and
Whereas, the applicant on behalf of the Property Owner is Christopher J.
Gardner, Manager, of SR 46 Land Investors, LLC; and
Whereas, the property is located on the north side of State Road 46 (West 1 st
Street) between Martin Luther King Jr. Boulevard and West Airport Boulevard; and
Whereas, the subject property is not located within the Downtown Commercial
Historic District; and
Whereas, the City Commission enacted Ordinance Number 3614 on February
26, 2001 rezoning the property to Planned Development (PD) for the All Souls Catholic
Church and High School PD Master Plan; and
Whereas, on September 26, 2016, the City Commission enacted Ordinance
Number 4389 amending the then approved PD to establish residential and commercial
uses with development standards consistent with transit -oriented development (TOD)
principles given the proximity to the SunRail station; and
Whereas, the Property Owner now proposes to amend a portion of the existing
PD consisting of approximately 40 acres of the total site area while the existing church
and future church expansion/school use will retain the remaining land area of the overall
MMF7T1Tql
2 1 P a g e
Whereas, the underlying Future Land Use assigned to the property under the
City's Comprehensive Plan is WIC, Westside Industry & Commerce, a mixed use
designation which is intended to promote the development of employment centers in the
vicinity of the West State Road 46 corridor and the commuter rail station; and
Whereas, the West State Road 46 corridor's proximity to Interstate Highway 4
(1-4) as well as State Road 417 and the SunRail commuter line provides access to
regional markets and a substantial labor force while the CSX Main Rail Line also provides
a transportation amenity of regional significance; and
Whereas, the WIC designation permits both a vertical and horizontal land use
mix of industrial, commercial, office and residential and the maximum intensity for
commercial, office, and industrial development is a floor area ratio (FAR) of 0.50 with the
maximum residential density being designated to be 20 dwelling units per acre; and
Whereas, at the time of the 2016 PD amendment approval, the site was
approved with an FAR of 2.0 and a maximum of 50 dwelling units per acre as it was
running concurrent with City/County discussions of establishing a Transit Oriented Design
(TOD) corridor; and
Whereas, the City's Land Development Regulations (LDRs) for a TOD were not
adopted and pursuant the controlling development order and Article IV, Section 4.3(G),
of the City's LDRs, the PD zoning approval expires 5 years from the date of the original
approval; and
Whereas, since the previous approval is not expired, an application was filed
requesting to minimize the intensity of the project on the whole by meeting the maximum
density outlined in the WIC land use for the overall PD while allowing the multiple family
3 1 P a g e
portions of the development to exceed the maximum 20 dwelling units per acre threshold
as noted on the All Souls PD Master Plan; and
Whereas, the request that is being acted upon herein was to amend a portion
of the existing PD and propose a decrease to the densities and intensities relative to
which the property was previously entitled with the proposed site improvements including
a mixed-use development with approximately 25,000 square feet of commercial and/or
office uses, up to 300 multi -family apartment units, up to 200 age -restricted multi -family
apartment units and a maximum of 150 fee -simple, single family attached townhomes;
and
Whereas, as the site is located within one half mile of the Sanford SunRail
station, the future development of the PD should be designed to utilize transit -oriented
development (TOD) principles; and
Whereas, a TOD is generally defined as a mixed-use residential and
commercial area designed to capitalize on access to public transport and often
incorporates activities and design features proposed to generate ridership for a transit
system; and
Whereas, a design that is safe, pedestrian friendly and convenient are critical
aspects of quality TOD development that depend on having the right mix of land -use
types, compact development, and properly designed parking locations and the PD that is
being presented incorporates multiple uses providing a framework that gives both staff
and a future developer the opportunity to incorporate creative TOD elements into the
development; and
Whereas, the proposed PD amendment supports the Update Regulatory
4 1 P a g e
Framework and Redevelop and Revitalize Disadvantaged Communities strategic
priorities and will create a mixed-use project that includes the existing church with
opportunity for future church expansion and/or a proposed school and housing options as
well as commercial and office uses and a mix of multi -family and single family housing
options; and
Whereas, the amended All Souls PD Master Plan proposes a mix of housing
options as well as commercial office/retail with the following parking standards:
Land Use Proposed Parking Parking Staff
Development Space Size Recommendation
Single Family
Age
Restricted
Multi -Family
Office
Retail
; and
150
200 units maximum
300 units maximum
25,000 square feet
maximum
25,000 square feet
maximum
2 spaces/per dwelling
unit + I space/4
dwelling unit
I space/per dwelling
unit
1.5 space/ per dwelling
unit
2 spaces/1,000 square
feet
1.5 space per 1,000
square feet
Standard for None
SFR
9'X18,
1.5 space/dwelling unit,
9'x18'
9'xl8'
1.5 space/per, 9'x18'
9'x18'
2 spaces per 1,000sf,
10'x20'
9'xl8'
2 spaces per /1,000
square feet 10'x20'
Whereas, a modified Citizens Awareness and Participation Plan (CAPP)
process was completed due to COVID-19 by means of Mr. Moorhead holding a virtual
community meeting on November 18, 2020 and the CAPP process was satisfactory to
the City; and
Whereas, the City Commission of the City of Sanford has taken all actions
relating to the All Souls Transit Village PD rezoning action set forth herein in accordance
with the requirements and procedures mandated by State law.
Whereas, on January 7, 2021 the City's Planning and Zoning Commission held
5 1 P a g e
a public hearing and unanimously recommended that the City Commission approve
Ordinance Number 4587 approving the All Souls Transit Village PD and on February 8,
2021 the City Commission enacted Ordinance Number 4587 in accordance with the
provisions of controlling law; and
Whereas, the City Commission of the City of Sanford further finds that this
Development Agreement is consistent with and an exercise of the City's powers under
the Municipal Home Rule Powers Act, Article VI Il, Section 2(b) of the Constitution of the
State of Florida; Chapter 166, Florida Statutes; the City of Sanford City Charter, other
controlling law; and the City's police powers; and
Whereas, this is a non -statutory Development Agreement which is not subject
to or enacted pursuant to the provisions of Sections 163.3220 through 163.3243, Florida
Statutes.
Now, Therefore, it is hereby resolved and agreed by and between the City and
the Property Owner that the Property Owner's application for a PD is approved subject to
the following terms and conditions:
Section 1. Recitals.
The above recitals are true and correct and are incorporated herein by this
reference and form a material part of this Development Agreement upon which the City
and the Property Owner have relied.
Section 2. The Subject Property; Representations Of The Property Owner.
(a). The Subject Property is the property described in the 3 -page document
attached hereto and entitled "ALTA/INSPS Land Title Boundary of All Soul's Diocese
Property" as prepared by Allen & Company, Professional Surveyors & Mappers, Job #
6 1 P a g e
20200245, dated June 18, 2020, to wit, the following:
LEGAL DESCRIPTION -OVERALL PARCEL (WRITTEN BY ALLEN &
COMPANY, INC.):
A PARCEL OF LAND COMPRISING A PORTION OF LOTS 30, 33, 40, 41,
42, 43, 44 AND 45 AND ALL OF LOTS 5, 6, 28, 29, 31 AND 32, THE
FLORIDA LAND AND COLONIZATION COMPANY'S CELERY
PLANTATION, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 1, PAGE 129, OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA; AND A PORTION OF THE 30 FOOT RIGHT OF
WAY, AS SHOWN ON SAID PLAT, PORTION VACATED PER OFFICIAL
RECORDS BOOK 4017, PAGE 1886, SAID PUBLIC RECORDS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 5, SAID PLAT OF THE
FLORIDA LAND AND COLONIZATION COMPANY'S CELERY
PLANTATION, THENCE RUN NORTH 00°38'39" EAST ALONG THE
WEST LINE OF SAID LOT 5 FOR A DISTANCE OF 208.93 FEET;
THENCE RUN NORTH 35026'10" EAST ALONG THE NORTHWESTERLY
LINE OF SAID LOT 5 FOR A DISTANCE OF 771.42 FEET TO THE
SOUTHERLY RIGHT OF WAY LINE OF RAND YARD ROAD; THENCE
RUN SOUTH 54031'14" EAST ALONG SAID SOUTHERLY RIGHT OF
WAY LINE FOR A DISTANCE OF 1512.88 FEET; THENCE CONTINUE
SOUTH 00006'06" EAST ALONG THE WEST RIGHT OF WAY LINE OF
RAND YARD ROAD FOR A DISTANCE OF 1019.32 FEET; THENCE RUN
SOUTH 89059'44" WEST FOR A DISTANCE OF 281.57 FEET TO A POINT
ON THE WEST LINE OF LOT 45 OF THE AFORESAID PLAT OF THE
FLORIDA LAND AND COLONIZATION COMPANY'S CELERY
PLANTATION; THENCE RUN SOUTH 00°06'18" EAST ALONG SAID
WEST LINE FOR A DISTANCE OF 429.35 FEET; TO THE NORTH RIGHT
OF WAY LINE OF STATE ROAD 46, AS SHOWN ON FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION
77030; THENCE RUN THE FOLLOWING COURSES AND DISTANCES
ALONG SAID NORTH RIGHT OF WAY LINE: THENCE RUN NORTH
53025'22" WEST FOR A DISTANCE OF 26.21 FEET; THENCE RUN
SOUTH 89°43'14" WEST FOR A DISTANCE OF 209.15 FEET; THENCE
RUN NORTH 75002'48" WEST FOR A DISTANCE OF 49.48 FEET;
THENCE RUN SOUTH 89043'14" WEST FOR A DISTANCE OF 59.58
FEET; THENCE RUN SOUTH 74038'37" WEST FOR A DISTANCE OF
49.94 FEET; THENCE RUN SOUTH 89043'14" WEST FOR A DISTANCE
OF 81.36 FEET; THENCE RUN SOUTH 73°58'24" WEST FOR A
DISTANCE OF 24.21 FEET; THENCE RUN SOUTH 89°43'14" WEST FOR
A DISTANCE OF 21.20 FEET; THENCE RUN NORTH 74013'55" WEST
FOR A DISTANCE OF 23.91 FEET; THENCE RUN SOUTH 89°43'14"
WEST FOR A DISTANCE OF 413.22 FEET; ; SOUTH 89°46'09" WEST
7 1 P a g e
FOR A DISTANCE OF 81.69 FEET; SOUTH 80°30'39" WEST FOR A
DISTANCE OF 98.02 FEET; SOUTH 89°46'09" WEST FOR A DISTANCE
OF 26.55 FEET TO THE SOUTHEAST CORNER OF PROPERTY
DESCRIBED IN OFFICIAL RECORDS BOOK 8249, PAGES 1221
THROUGH 1224; THENCE DEPARTING AFORESAID NORTH RIGHT OF
WAY LINE, RUN NORTH 00°07'27" WEST ALONG THE EAST LINE OF
SAID PROPERTY FOR A DISTANCE OF 1494.96 FEET TO THE SOUTH
LINE OF AFORESAID LOT 5; THENCE RUN SOUTH 89057'42" WEST
ALONG SAID SOUTH LINE FOR A DISTANCE OF 246.68 FEET TO THE
POINT OF BEGINNING.
CONTAINING 2,725,993 SQUARE FEET OR 62.58 ACRES, MORE OR
LESS.
LESS THE FOLLOWING DESCRIBED PROPERTY:
A PARCEL OF LAND COMPRISING A PORTION OF LOTS 30, 33, 40, 41
AND 42 AND ALL OF LOTS 5, 6, 31 AND 32, THE FLORIDA LAND AND
COLONIZATION COMPANY`S CELERY PLANTATION, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 129, OF
THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; AND A
PORTION OF THE 30 FOOT RIGHT OF WAY, AS SHOWN ON SAID
PLAT, PORTION VACATED PER OFFICIAL RECORDS BOOK 4017,
PAGE 1886, SAID PUBLIC RECORDS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 5, SAID PLAT OF THE
FLORIDA LAND AND COLONIZATION COMPANY'S CELERY
PLANTATION, THENCE RUN NORTH 00°38'39" EAST ALONG THE
WEST LINE OF SAID LOT 5 FOR A DISTANCE OF 208.93 FEET;
THENCE RUN NORTH 35026'10" EAST ALONG THE NORTHWESTERLY
LINE OF SAID LOT 5 FOR A DISTANCE OF 771.42 FEET TO THE
SOUTHERLY RIGHT OF WAY LINE OF RAND YARD ROAD; THENCE
RUN SOUTH 54031'14" EAST ALONG SAID SOUTHERLY RIGHT OF
WAY LINE FOR A DISTANCE OF 1490.76 FEET TO THE NORTH LINE
OF LOT 28, AFORESAID PLAT OF THE FLORIDA LAND AND
COLONIZATION COMPANY'S CELERY PLANTATION; THENCE RUN
SOUTH 89054'39" WEST ALONG THE NORTH LINE OF LOTS 28,29 AND
30, SAID PLAT FOR A DISTANCE OF
626.97 FEET; THENCE DEPARTING SAID NORTH LINE, RUN SOUTH
00006'06" EAST FOR A DISTANCE OF
780.00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 30;
THENCE RUN SOUTH 89054'39" WEST ALONG SAID SOUTH LINE OF
LOT 30 AND 31 FOR A DISTANCE OF 273.21 FEET; THENCE
DEPARTING SAID SOUTH LINE, RUN SOUTH 00°06'06" EAST FOR A
DISTANCE OF 667.47 FEET TO THE NORTH RIGHT OF WAY LINE OF
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STATE ROAD 46, AS SHOWN ON FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY MAP SECTION 77030; THENCE
RUN THE FOLLOWING COURSES AND DISTANCES ALONG SAID
NORTH RIGHT OF WAY LINE: SOUTH 89°43'14" WEST, 311.13 FEET;
SOUTH 89046'09" WEST, 81.69 FEET; SOUTH 80030'39" WEST, 98.02
FEET; SOUTH 89°46'09" WEST, 26.55 FEET TO THE SOUTHEAST
CORNER OF PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK
8249, PAGES 1221 THROUGH 1224; THENCE DEPARTING AFORESAID
NORTH RIGHT OF WAY LINE, RUN NORTH 00°07'27" WEST ALONG
THE EAST LINE OF SAID PROPERTY FOR A DISTANCE OF 1494.96
FEET TO THE SOUTH LINE OF AFORESAID LOT 5; THENCE RUN
SOUTH 8905742" WEST ALONG SAID SOUTH LINE FOR A DISTANCE
OF 246.68 FEET TO THE POINT OF BEGINNING.
(b). The undersigned hereby represent and warrant to the City that the Property
Owner is the owner of the Subject Property in accordance with the title opinion provided
by the Property Owner to the City issued by Stephen H. Coover, PLLC said title opinion
or certification representing to the City all liens, mortgages and other encumbrances are
satisfied or released of record relative to the Subject Property.
(c). The Property Owner represents and warrants to the City that it has the power
and authority to enter into and consummate the terms and conditions of this Development
Agreement; that all acts, approvals, procedures and similar matters required in order to
authorize this Development Agreement have been taken, obtained or followed, as the
case may be; that this Development Agreement and the proposed performance of this
Development Agreement by the Property Owner is not an ultra vires act; and that, upon
the execution of this Development Agreement by the parties, this Development
Agreement shall be valid and binding upon the parties hereto and their successors in
interest.
(d). The Property Owner hereby represents to the City that all required joinders and
consents have been obtained and set forth in properly executed form on this Development
9 1 P a g e
Agreement. Unless otherwise agreed to by the City, all liens mortgages and
encumbrances not satisfied or released of record, must be subordinated to the terms of
this Development Agreement. It is the responsibility of the Property Owner to ensure that
said subordinations occur in a form and substance acceptable to the City Attorney prior
to the City's execution of this Development Agreement.
Section 3. Approval Of Planned Development/Conditions Of Approval.
(a). The City Commission at its regular meeting on February 8, 2021, approved
the All Souls Transit Village PD for the Subject Property through the enactment of
Ordinance Number 4587 subject to the terms and conditions of this Development
Agreement.
(b). The Property Owner acknowledges that if this Development Agreement is
ever terminated, the approval shall be deemed null and void and the land uses approved
for the Subject Property shall no longer be permitted, unless otherwise approved by the
City Commission.
(c). The provisions of the City's Land Development Regulations (LDRs), as may
be amended from time -to -time, shall be applicable to the Subject Property unless
otherwise specifically stated herein.
(d). The following conditions of development are placed upon the approval
herein granted:
(1). Pursuant to Section 4.3.G of the City's LDRs, this All Souls
Transit Village PD rezoning action set forth herein shall expire 3 years from
the effective date of this Development Agreement if all improvements have
not been completed or an extension granted.
101Page
(2). All development shall be consistent with the All Souls Transit
Village PD Master Plan, dated September 2, 2020, unless otherwise
specifically set forth in any associated development order; provided,
however, that all subsequent development orders shall be consistent with
the provisions of Ordinance Number 4587 and this Development
Agreement.
(3). Unless specifically requested and approved on the All Souls
Transit Village PD Master Plan, any required elements missing from or not
shown on the All Souls Transit Village PD Master Plan shall comply with the
City's LDRs.
(4). All conditions set forth in Development Order Number 00-48
shall be, and continue to remain, in full force and effect unless otherwise
specifically stated in Ordinance Number 4587 and this Development
Agreement.
(5). The property shall be developed generally in accordance with
the land uses and development standards identified on the All Souls All
Souls PD Master Plan dated October 30, 2020, unless otherwise specifically
set forth in any associated development order; provided, however, that all
subsequent development orders shall be consistent with the provisions of
Ordinance Number 4587 and this Development Agreement.
(6). The commercial uses allowed within the All Souls 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 LDRs except for any specific
11 I Page
uses noted on the All Souls PD Master Plan.
(7). Outdoor display or storage including, but not limited to, any
outdoor seating areas, shall not be permitted unless otherwise appropriately
designed and designated on an approved development plan.
(8). Automotive uses within the All Souls PD are prohibited and
unlawful including, but not limited to, vehicle dealer sales, vehicle repair or
vehicle service as such uses are defined in the City's LDRs.
(9). A development plan prepared and sealed by a licensed
Florida professional engineer meeting the requirements of the City's LDRs
must be submitted and approved prior to any construction on site and, with
regard to this requirement, a separate development plan is required for each
parcel, outparcel, or phase proposed for development within the All Souls
PD.
(10). The final design and location of all driveways and access
points including, but not limited to, cross access locations throughout the
project, shall be proposed within and shall be subject to City approval
during, the development plan review and approval process.
(11). 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.
(12). A dog walk area with waste collection receptacles shall be
provided in each residential community as determined by the City and
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subject to City approval.
(13). Stormwater design requirements may be increased by the
City if warranted on the basis of technical requirements and generally
accepted engineering practices and principle depending on soil conditions,
season high water table, etc., and these conditions may require underdrains
based on the amount of fill placed within the All Souls PD.
(14). The PD's stormwater system shall be constructed to urban
design standards, as approved by the City.
(15). 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 West 1st Street (State Road 46).
(ii). An architecturally compatible knee wall located between
any surface parking and right of way.
(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
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.
(16). A comprehensive signage plan in accordance with the City's LDRs
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is required and is subject to City approval for the entire development including, but
not limited to, the commercial and multiple family residential uses.
(17). Cross Access easements, in a form approved by the City Attorney,
shall be granted to the City and any association of property owners or individual
property owners, as determined to be needed by the City, 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.
(18). 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.
(19). Unless specifically requested and approved on the All Souls PD
Master Plan or this Development Agreement, all development shall comply with:
(i). Tree mitigation in accordance with Section 4.2 of the City's
LDRs, Criteria For Tree Removal, Replacement And Relocation
(ii). All setback and buffer requirements set forth in the
Sanford/Seminole County Joint Planning Agreement, as they apply to
this project.
(iii). All commercial elements of the development shall be in
accordance with Schedule G, Architectural Design Standards, of the
City's LDRs.
14 1 Page
(iv). Light source setback for site lighting shall be no less than 75%
the width of the buffers identified on the All Souls PD Master Plan.
(20). A Conditional Use shall be required for any waivers to the Multiple
Family Housing and Townhomes, Design Guidelines within Schedule E of the
(21).
(21). If City staff and the Property Owner are unable to agree to the details
of Ordinance Number 4587 or this Development Agreement 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 4. Permitted Uses.
The Property Owner agrees to use the Subject Property as generally provided in
the All Souls Transit Village PD Master Plan as approved by the City as filed in the records
of the City and as set forth in this Development Agreement. The All Souls Transit Village
PD Master addresses all development issues pertaining to the PD.
Section 5. Prohibited Uses.
Subject to the provisions of Section 3, the uses prohibited by the City's LDRs are
prohibited on the Subject Property.
Section 6. Conditional Uses.
Subject to the provisions of Section 3, the conditional uses permitted by the City's
LDRs are permitted on the Subject Property subject to the procedures of the City's LDRs.
Section 7. Land Development Code Applicability.
The requirements of the City's LDRs shall generally apply to the development of
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the Subject Property unless a specific provision is set forth herein relating to the
development approval of the aforementioned All Souls Transit Village PD Master Plan.
Section 8. Facility Commitments.
(a). The Property Owner agrees that the City is not responsible for the
construction or creation of public facilities or capacity in order to facilitate the development
of the Subject Property; provided, however, the City shall be the utility service provider to
the PD Property with regard to the provision of water and sewer services.
(b). The Property Owner agrees to the granting of any and all utility easements
to the City which the City deems necessary to serve the Subject Property with public
utilities; provided, however, that the location of such easements shall not adversely affect
the developability of any lot.
(c). In addition to the above declarations relative to the dedication of easements
to the City, the Property Owner hereby agrees that the City has shown an essential nexus
between a legitimate City interest and the conditions imposed herein. Further, the
Property Owner agrees that the City has established that all proposed conditions are
roughly proportional to the impacts of the development upon the public facilities
addressed herein based upon an individualized determination that the required
dedication/commitment is related in both nature and extent to the impacts of the proposed
development.
Section 9. Breach; Enforcement; Alternative Dispute Resolution.
(a). In the event of a breach hereof by either party hereto, the other party hereto
shall have all rights and remedies allowed by law including, but not limited to, the right to
specific performance of the provisions hereof and to seek remedies under the code
16 1 P age
enforcement systems and processes of the City. In the event that the City seeks
enforcement of the terms or conditions of this Development Agreement, the Property
Owner shall be responsible for any and all costs, fees and expenses borne by the City in
such enforcement action, regardless of whether litigation commences, and, if litigation
does commence, both at the trial level and on appeal to include, but not be limited to,
paralegal fees.
(b). In the event that a dispute arises under this Development Agreement and,
if the City and Property Owner is unable to resolve the issues, the parties shall attempt to
resolve disputes informally, but in the event of a failure to informally resolve disputes, to
engage in mediation before a certified Circuit Court mediator selected by the parties or,
in the event that the parties, fail to agree to a mediator, by the Florida Conflict Resolution
Consortium Consensus Center or, if unavailable, a mediator selected by the City. The
parties shall equally pay the costs of mediation.
(c). The Property Owner agrees and covenants not to sue the City on the basis
of the matters set forth herein or associated matters and should the Property Owner file
any claim or assertion to challenge the actions of the City relative to the matters set forth
herein, or otherwise in any way associated with the development, the Property Owner
shall have waived and released any and all development entitlements arising hereunder
regardless of whether implemented or not implemented or acted upon or not acted upon.
Section 10. Notices.
(a). All notices required or permitted to be given under the Agreement must be
in writing and must be delivered to the City or the Property Owner at the addresses set
17 1 P age
forth below (or such other address as may be hereafter be designated in writing by such
party)•
(b). Any such notice must be personally delivered or sent by registered or
certified mail, overnight courier, facsimile or telecopy.
(c). Any such notice will be deemed effective when received (if sent by hand
delivery, overnight courier, telecopy or facsimile) or on the date which is 3 days after such
notice is deposited in the United States mail (if sent by registered or certified mail).
(d). The parties' addresses for the delivery of all such notices are as follows:
As to the City:
Amye King, AICP
Director
Planning and Development Services Department
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
As to the Property Owner:
Christopher Gardner, Manager
SIR 46 Land Investors, LLC
921 North Pennsylvania Avenue
Winter Park, Florida 32789
With a copy to:
Stephen H. Coover, PLLC
230 North Park Avenue
Sanford, Florida 32771
Section 11. Severability.
The terms and provisions of this Development Agreement are not severable and
in the event any portion of this Development Agreement shall be found to be invalid or
illegal, then the entire Development Agreement shall be null and void.
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Section 12. Successors And Assigns.
(a). This Development Agreement and the terms and conditions hereof shall be
binding upon and inure to the benefit of the City and the Property Owner and its respective
successors -in -interest the terms and conditions of this Development Agreement similarly
shall be binding upon the Subject Property and shall run with title to the same.
(b). This Development Agreement touches and concerns the Subject Property.
(c). The Property Owner has expressly covenanted and agreed to this provision
and all other terms and provisions of this Development Agreement.
Section 13. Governing LawNenue/Compliance With Law.
(a). This Development Agreement shall be governed by and construed in
accordance with the laws of the State of Florida and the City Of Sanford.
(b). Venue for any dispute shall be in the Eighteenth Judicial Circuit Court in
and for Seminole County, Florida.
(c). The Property Owner shall fully comply with all applicable local, State, and
Federal environmental regulations and laws and all laws of any other type or nature.
(d). This Development Agreement shall not limit the future exercise of the police
powers of the City to enact development agreements, standards or rules regulating
development generally applicable to the entire area of the City such as requiring
compliance with the City capital facilities plan, parks master plan, including parks and trail
dedications, utility construction and connections, mandating utility capacities, requiring
street development or other such similar land development regulations.
(e). This Development Agreement shall also not be construed to prohibit the
City from adopting lawfully imposed impact fees applicable to the Subject Property.
19 1 P a g e
Section 14. Term/Effective Date.
This Development Agreement shall be effective upon execution by all parties.
Section 16. Recordation.
Upon approval by the City of Sanford City Commission and execution of this
Development Agreement by all parties, this Development Agreement and any
amendments hereto shall be recorded by the City with the Seminole County Clerk of the
Courts within 14 days after its execution by the City and shall run with the land. The
Property Owner shall pay the costs to record this Development Agreement.
Section 16. Permits.
(a). The failure of this Development Agreement to address any particular City,
County, State, or Federal permit, condition, term or restriction shall not relieve the
Property Owner or the City of the necessity of complying with the law governing said
permitting requirements, conditions, terms, or restrictions. See, Section 166.033, Florida
Statutes.
(b). The terms and conditions of this Development Agreement do not determine
concurrency for the subject development or the Subject Property.
Section 17. Third Party Rights.
This Development Agreement is not a third party beneficiary contract, and shall
not in any way whatsoever create any rights on behalf of any third party.
Section 18. Specific PerformancelTime Is Of The Essence.
(a). Strict compliance shall be required with each and every provision of this
Development Agreement.
(b). The parties agree that failure to perform the obligations established in this
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Development Agreement shall result in irreparable damage, and that specific
performance of these obligations may be obtained by suit in equity.
(c). Time is of the essence to this Development Agreement and every right or
responsibility shall be performed within the times specified.
Section 19. Attorney's Fees.
In the event of any action to enforce the terms of this Development Agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees, paralegals' fees,
and costs incurred, whether the same be incurred in a pre -litigation negotiation, litigation
at the trial level, or upon appeal.
Section 20. Force Majeure.
The parties agree that in the event that the failure by either party to accomplish
any action required hereunder within a specific time period ("Time Period") constitutes a
default under terms of this Development Agreement and, if any such failure is due to any
unforeseeable or unpredictable event or condition beyond the control of such party
including, but not limited to, acts of God, acts of government authority (other than the
City's own acts), acts of public enemy or war, terrorism, riots, civil disturbances, power
failure, shortages of labor or materials, injunction or other court proceedings beyond the
control of such party, or severe adverse weather conditions ("Uncontrollable Event"), then
notwithstanding any provision of this Development Agreement to the contrary, that failure
shall not constitute a default under this Development Agreement and any Time Period
proscribed hereunder shall be extended by the amount of time that such party was unable
to perform solely due to the Uncontrollable Event.
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Section 21. Indemnification.
The Property Owner shall indemnify for and save the City harmless from and
against all liability, claims for damages, and suits for any injury to any person or persons,
or damages to any property of any kind whatsoever arising out of or in any way connected
with the development of the Subject Property as provided for in this Development
Agreement or in any other way and for any and all acts or omissions in any manner related
to said development of the Subject Property irrespective of negligence, actual or claimed,
upon the part of the City, or its officers, agents or employees. This agreement by the
Property Owner to indemnify and hold the City harmless shall include, but not be limited
to, all charges, expenses and costs, including reasonable attorneys' fees, both at trial and
on appeal, incurred by the City on account of or by reason of such injuries, damages,
liability, claims, suits or losses and on damages growing out of same. It is the intent of the
foregoing to impose the obligations set forth herein as to the current Property Owner and
not the owners of lots which are developed and sold as part of a transaction relating to a
single family residence constructed within the All Souls Transit Village PD Property and,
to that end, the provisions of this Section shall not run with or burden lots owned by such
property owners.
Section 22. City's Right To Terminate Development Agreement.
The failure by the Property Owner to perform each and every one of its obligations
hereunder shall constitute a default, entitling the City to pursue whatever remedies are
available to it under Florida law or equity including, without limitation, an action for specific
performance and/or injunctive relief or alternatively, the termination of this Development
22 1 P a g e
Agreement. Prior to the City filing any action or terminating this Development Agreement
as a result of a default under this Development Agreement, the City shall first provide the
Property Owner written notice of said default. Upon receipt of said notice, the Property
Owner shall be provided a 30 day opportunity in which to cure the default to the
reasonable satisfaction of the City prior to filing said action or terminating this
Development Agreement. If 30 days is not a reasonable period in which to cure the
default, the cure period shall be extended to a reasonable cure period acceptable to the
City, but in no case shall that cure period exceed 90 days. Upon termination of the
Development Agreement, the Property Owner shall immediately be divested of all rights
and privileges granted hereunder.
Section 23. Captions.
Sections and other captions contained in this Development Agreement are for
reference purposes only and are in no way intended to describe, interpret, define, or limit
the scope, extent or intent of this Development Agreement, or any provision hereto.
Section 24. Staff/City Reports; Exhibits.
(a). The staff reports and other City reports promulgated with regard to this
Development Agreement and the development approval relating to the Subject Property
are hereby incorporated into this Development Agreement as if fully set forth herein
verbatim; provided, however, that the provisions of this Development Agreement shall
prevail to the extent of any conflict and such documents shall be used by the City for its
purposes and in its discretion to interpret the provisions of this Development Agreement
and its interpretation relative to such matters shall be conclusive.
23 1 Page
(b). Each exhibit referred to and attached to this Development Agreement, if
any, is an essential part of this Development Agreement. The exhibits and any
amendments or revisions thereto, even if not physically attached hereto, shall be treated
as if they are part of this Development Agreement.
Section 25. Interpretation.
(a). The Property Owner and the City agree that all words, terms and conditions
contained herein are to be read in concert, each with the other, and that a provision
contained under any particular heading may be considered to be equally applicable under
another in the interpretation of this Development Agreement.
(b). This Development Agreement shall not be construed more strictly against
either party on the basis of being the drafter thereof, and both parties have contributed to
the drafting of this Development Agreement subject, however, to the provisions of Section
24.
Section 26. Counterparts.
This Development Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which, taken together, shall constitute
one and the same document.
Section 27. Modifications/Amendments/Non-Waiver.
(a). Amendments to and waivers of the provisions herein shall be made by the
parties only in writing by formal amendment. This Development Agreement shall not be
modified or amended except by written agreement executed by all parties hereto and
approved by the City Commission of the City of Sanford.
24 1 P age
(b). Failure of any party hereto to exercise any right hereunder shall not be
deemed a waiver of any such right and shall not affect the right of such party to exercise
at some future date any such right or any other right it may have.
Section 28. Entire Agreement; Effect On Prior Agreements.
This Development Agreement constitutes the entire agreement between the
parties and supersedes all previous discussions, understandings and agreements
between the parties relating to the subject matter of this Development Agreement.
In Witness Whereof, the City and the Property Owner have caused this
Development Agreement to be duly executed by their duly authorized representatives as
of the date first above written.
Property Owner's (And Successor's. Etc.) Consent And Covenant:
Comes Now, the Property Owner on behalf of itself and its successors, assigns
and transferees of any nature whatsoever and consent to and agree with the covenants
and to perform and fully abide by the provisions, terms, conditions and commitments set
forth in this Development Agreement. The undersigned person represents that he has full
and plenary authority to execute this document and bind the party for whom he executes
this document to the terms and conditions hereof.
SIGNATURE BLOCKS FOLLOW:
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ATTEST. -
Andrew
TTEST.-
Andrew M. Gardner, Manager
Peer V. Gardner, Manager
STATE OF FLORIDA
COUNTY OF SEMINOLE
SR 46 LAND INVESTORS, LLC, a
Florida limited liability company.
ChristopherJ" Gardner, Manager
7, ..
I Hereby Certify that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared Andrew M. Gardner,,
Christopher J. Gardner, Peter V. Gardner, and Robert M. Gardner and they
acknowledged, under oath, executing the same in the presence of two subscribing
witnesses freely and voluntarily and thib"yare personally known to m or provided
as identification.
Witness my hand and official seal in the County and State last aforesaid this
day of March, 2021.
(Affix Notary Notary PutAic Staim of Florida. �✓ u i J� ti - _r", rr
NV Notary Public; a . Wendy L Armstrong of F, 1 r �a
My Commission GG 294371
op Expires 0,411012023
MiE I Print Name: 0 � (,� k , 4ily)
ADDITIONAL SIGNATURE BLOCKS FOLLOW:
261 Pa - c
Joinder In Representations Made By The Property Owner
A TTES T. -
Signature Wit6ess # 1
Printed Name:
Sighature Witness # 2
Printed Nam`: C.)
STATE OF FLORIDA
Bishbp�John G. Noonan
Dioces6 of Orlando
•• A
I Hereby Certify that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared Bishop John G.
Noonan and he acknowledged, under oath, executing the same in the presence of two
subscribing witnesses freely and voluntarily and he is personally known to me or provided
as identification.
Witness my hand and official seal in the County and State last aforesaid this
day of March, 2021.
ROBERTODIAZ
Commission # 111-1000087
Expires September 14, 2024 tary Public; State- of
Bondod Th
::: ru Troy Fain Insurance -385-70
(Affix Notary Seal)
--:OO]int Name: r P14 -z
ADDITIONAL SIGNATURE BLOCK FOLLOWS:
271 P �i - c
A TTES T: CITY OF SANFORI
Ta 6h MMC' SRMT , Ciiy Clerk Art W&O'd rUff-,/Mi
0 UV, -
(A
For us6�and)re(liance of the
Sanford City Commission only.
Approved as to form and legality.
William L. Colbert, Esquire, City Attorney
Am
281 Pac
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1. Project Entries. The project entry provides the resident and visitor with an overview of the
project. Special attention should be given to hardscape and landscape treatments to enhance
the overall project image.
A project directory shall be provided near the entry to direct residents and visitors to
recreational facilities, manager's offices, clubhouses and residential buildings.
The entry shall be gated. The development shall comply with Sections 3.3 and 3.4 of
Schedule J, Landscape, Buffer and Tree Requirements of the Sanford Land Development
Regulations. In addition, a minimum four (4) foot masonry wall shall be constructed
along all property lines that are not required to have a visual screen pursuant to Sections
Z:�
3.3 and 3.4 of Schedule J, Landscape, Buffer and Tree Requirements of the Sanford Land
Development Regulations.
Explanation:
The proposed project will comply with this provision except as noted. The Community will
be ungated. Landscaping will be provided as a visual screen to meet the intent of the 4'
masonry wall along our private entry road. We feel that the this is a much softer and
superior visual buffer.
2. Entry Drives. The principal vehicular access into and through a multifamily housing
project shall be by means of an entry drive rather than a parking drive. The entry drive shall
be similar to a roadway in a single-family subdivision. The entry drive shall provide
access to driveways and parking courts. A colored and/or textured paving treatment at
the entry to the development is encouraged.
Explanation:
The proposed project will comply with this provision except as noted. The main entry road
from SR 46 is parking fi-ee from SR46 to the apartment entrance. Due to the fact that we
are providing parking garages within the buildings the parking courts are inefficient and
cannot be provided.
3. Building Siting. Residential buildings shall be sited to relate to the entry drives, so that their
`best' side is facing the entry drive. All facades that face a curb or roadway shall be a single-
family elevation.
Explanation:
The proposed project will comply with this provision. All building facades will look
similar.
Clustering of Units. Clustering of multifamily units shall be a consistent site planning element.
Structures composed of a series of simple yet varied planes assure compatibility and variety in overall
building form.
Explanation:
Units are arranged to allow for varied planes on the exterior of the buildings.
4. Parking. Parking for residential buildings shall be either in garages, driveways or parking
courts that are accessed from the main entry drives. Multiple, small parking courts shall
be constructed in lieu of large lots. Parking areas shall be adjacent to, and visible from, the
residential buildings that use them to allow for casual surveillance. Parking courts should
be separated from each other by dwelling units or by a landscaped buffer not less than thirty
feet wide. There should be no more than an average of ten spaces of uninterrupted
parking, whether in driveways or open parking areas.
Explanation:
The proposed project will comply with this provision except as noted. Due to the fact that
we are providing internal parking garages on the site the parking courts are inefficient and
cannot be provided.
Open Space. There shall be a minimum of fifty percent (50%) open space in each
multifamily development. Locate public open spaces so that they can be viewed from
individual units.
Explanation:
Per the existing PD 20% open space will be provided.
5. Mechanical Equipment. All mechanical equipment, whether mounted on the roof or
ground shall be screened from view. All screening devices shall be compatible with the
architecture and color of the dwelling structures.
Explanation:
All ground floor equipment will be screened with landscape material. Roof mounted
equipment will be screened from view by roofscape elements.
6. Common Facilities. Common facilities, such as club houses, laundries and management
offices, shall be located centrally in the interior of the development and shall be linked to the
residential buildings by lighted pedestrian pathways and common open space areas.
Street signs and street lights shall be of a uniform and decorative design.
All dwelling units shall have individual street addresses.
All multifamily developments shall provide a covered shelter at the entrance to the
development where children can wait for the school bus. The design and material of the
shelter shall be consistent with that of the dwelling unit buildings and/or of the
surrounding decorative wall.
Mail delivery areas shall be covered and conveniently located to the residential
buildings.
Trash and recycling areas shall be landscaped on three (3) sides and shall be located at
convenient walking distances to each dwelling unit.
All multifamily developments shall contain recreational facilities for the enjoyment of the
residents and their guests at a rate of two hundred (200) square feet per dwelling unit.
Playgrounds shall be centrally located to allow for adult supervision from dwelling units or
from a central facility such as a laundry.
All multifamily developments with more than 20 residential units shall contain an area
designated and designed as a car wash facility.
Explanation:
The proposed project will comply with this provision except as noted. All residential
buildings will have individual street addresses. All dwelling units in each building will
have an individual unit number associated with the building address. The area by the
clubhouse will serve as the bus shelter required.
D. Building Design. There is no particular architectural style proposed by these regulations for
multifamily residential structures. The primary focus should be on constructing a high
quality residential environment. The design of multifamily developments shall consider
compatibility with the single-family character and scale of the City's residential areas.
1. Units per Building. There shall be no more than eight (8) dwelling units per building.
Explanation:
There will be 5 (4) four-story residential apartment buildings on the site. The buildings have
one, two and three — bedroom units which are accessed through internal open breezeways,
which also provide access for the stairs and elevators. Each overall structure will contain
between 50 and 160 units.
2. Building Articulation. Long, unbroken facades and box -like forms shall be avoided.
Building facades shall be broken Lip to give the appearance of a collection of smaller
structures and each of the units shall be individually recognizable. This can be
accomplished with the use of balconies and varied setbacks and projections which help
articulate individual dwelling units or collections of units, and by the pattern and rhythm
of windows and doors. The use of rows of balconies which give the building a 'motel'
look shall be avoided.
Explanation:
The facades are made tip of vertical collections of units articulated by their materials, depth
of plane changes and fenestration patterns to create rhythmic elevations. Row balconies
will not be utilized.
3. Dwelling Unit Access. Breezeways shall be prohibited. Each dwelling unit shall be accessed
by a private exterior entry. Entries shall be prominent and visible. This shall be accomplished
through the use of distinctive architectural elements. Clusters of entrances shall be
avoided. Ground -level entries are preferred for all units. Where exterior stairs are used to
access upper -story units, they should be simple and clean and complement the architectural
massing and form of the structure. Stairs should be made of smooth stucco, plaster or wood
with accent trim of complementary colors. Thin -looking, open metal and prefabricated stairs
are prohibited.
Explanation:
Each of the units have individual entries accessed through internal open breezeways. All
stairs are interior to the building and any exterior stair fagade elements designed to
complement the rest of the building.
4. Building Height. The overall height of the buildings should be similar to that of other
buildings in the neighborhood. Buildings shall be no more than two stories on propel -ties
adjacent to single-family dwelling units or single-family zoning districts. On other
properties, buildings interior to the development and separated from adjacent properties
by two hundred (200) linear feet and a two (2) -story building maybe three (3) stories.
Building roof lines may exceed thirty-five (35) feet in height provided that the height above
thirty-five (35) feet is for decorative purposes only and does not include habitable
space. Roof lines should be varied in height and plane and contain dormers,
pediments, chimneys, secondary hipped or gabled roof lines or other decorative
embellishments to create visual variety and interest. The height of the roof shall be
proportionate to the height and mass of the building.
Explanation:
The buildings are 4 -stories in height and the top of the ridge is approximately 60'-0" above
grade. Rooflines are varied with a mix of roof lines to establish variety in height and
plane. The approved height in the PD is up to 100'.
5. Balcony/porch Requirement. All dwelling units shall have a useful private open space
such as a balcony, porch, deck or patio.
Explanation:
The proposed project will comply with this provision.
6. Garages and Storage. At least 50% of the dwelling units in each building shall have garages
accessed directly from the dwelling unit. Garages shall be counted toward the parking
requirement.
Detached garages and storage units shall be designed in the same style and with the same
materials as the dwelling unit buildings. Detached garages or storage units shall be
provided in an amount not less than twenty (20) percent of the total number of dwelling
units.
All garages shall have sectional roll -up doors with automatic openers.
Explanation:
There will be a minimum of 60 garages between parcels b and c on the site. They will be
integrated into the buildings.
HAData\20030\Cor\Multiple Family Standards Responses.docx