4667 PD Rezone for 11.29 Acres - 3700 Kentucky StreetOrdinance No. 2022-4667
An ordinance of the City of Sanford, Florida relating to a Planned
Development (PD) by rezoning 11.29 acres in size and adding that
acreage to the Kentucky Square PD for a total acreage of 51.02 acres;
providing for the rezoning of real property generally addressed and
located at 3700 Kentucky Street and assigned Tax Parcel
Identification Numbers 03-20-31-5AY-0000-0580,
03-20-31-5AY-0000-0850, 03-20-31-5AY-0000-0870,
03-20-31-5AY-0000-0880, 03-20-31-5AY-0000-0878,
03-20-31-5AY-0000-088A 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
Amended Kentucky Square 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 11.29 acres
of real property generally addressed as 3700 Kentucky Street as a part of a Planned
Development (PD) zoning classification/district being named the Amended Kentucky
Square PD; and
Whereas, Alan H. Herbst (03-20-31-5AY-0000-0880), Bernard McPherson and
Tamara McPherson (03-20-31-5AY-0000-088A), and James T. Murdaugh and Sara
Murdaugh (03-20-31-5AY-0000-087B) are the owners of the property which is the subject
of this Ordinance (Tax Parcel Identification Numbers 03-20-31-5AY-0000-0880,
03-20-31-5AY-0000-087B and 03-20-31-5AY-0000-088A) as assigned by the Seminole
County Property Appraiser); and
Whereas, the subject real property (a site 11.29 acres in size) is located on the
north side of Eaglewoods Trail and west of Skyway Drive and is generally addressed as
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3700 Kentucky Street; and
Whereas Israel De La Rosa of Appian Engineering LLC is serving as the
applicant and representative of the Property Owners; and
Whereas, the Amended Kentucky Square PD property totals approximately
51.02
acres in size
consisting of numerous
tax parcels (Numbers
03-20-31-5AY-0000-0580,
03-20-31-5AY-0000-0850 and
03-20-31-5AY-0000-0870
which are owned by HFB Kentucky Square LLC, and 03-20-31-5AY-0000-0880,
03-20-31-5AY-0000-087B and 03-20-31-5AY-0000-088A the property owner of which
are previously mentioned; all tax parcel identification numbers as assigned by the
Seminole County Property Appraiser); and
Whereas, Hanover Family Builders, LLC is a member of HFB Kentucky Square
LLC while OROSZ, STEPHEN W and OROSZ, JOHN M serve as Presidents, and
OROSZ, ANDREW J; and FRANKS, WILLIAM C serve as Vice Presidents while the
same persons hold positions in Hanover Family Builders, LLC in addition to OROSZ, J.
MATTHEW; and
Whereas, the Amended Kentucky Square PD property is more specifically
located on the north side of Eaglewoods Trail and west of Skyway Drive; and
Whereas, the Property Owners have annexed the 11.29 acres into the City
Limits of the City by means of the City Commission enacting Ordinance Number 4623 on
September 27, 2021 upon petition by the Property Owners and, upon annexation, in
accordance with the requirements of controlling Florida law, the City must assign a City
land use designation and zoning district/classification to the property; and
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Whereas, Mr. De La Rosa, was responsible for completing the modified CAPP
(Citizens Awareness and Participation Plan) process which was accomplished to the
satisfaction of the City and during the CAPP process the following issues were raised:
; and
(1). Additional traffic and plans for improvement to Kentucky Street and
an assessment of the traffic on Skyway Drive,
(2). Overall drainage for the area and how fill and stormwater will be
addressed,
(3). Preservation of existing wildlife,
(4), Privacy, including maintaining an undisturbed buffer adjacent to
existing homes and limiting the homes to 1 -story facing the existing
residences,
(5). Improvement in internet services as part of infrastructure upgrades
including connection to the surrounding neighborhood,
(6). Burning of debris during site clearance,
(7). Privacy fencing,
(8). Signage to limit intrusion of traffic onto private property,
(9). Addition of Fire hydrants,
Whereas, the subject real property is located within Sub Area 4 of 2015
Seminole County/City of Sanford Joint Planning Agreement (JPA); and
Whereas, Exhibit "B" of the JPA describes equivalent future land use
designations in the City and the County comprehensive plans which land use
designations have been deemed equivalent due to their similar intensities and densities
of allowable development; and
Whereas, the approved Kentucky Square PD permits a maximum of 116
Single Family Homes on 51.17 acres and this is proposed to be increased by 33 single
family homes by adding the 11.29 acres; and
Whereas, the total project site is proposed to be 149 single-family residential
lots on 51.17 acres, and 2 commercial out parcels with associated open space and
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stormwater ponds; and
Whereas, the PD site has been re -designed to limit impact to the existing Bald
Eagle's nest located in the southeast corner of the project; however, the new design does
place more single family homes adjacent to the existing acreage tracts with larger estate
homes which homes were buffered by recreation tracts and stormwater ponds; and
Whereas, as part of the re -design, no net change in residential density is being
proposed in the part of the PD project assigned the Westside Industry and Commerce
(WIC) future land use designation, but, although the project does not meet the minimum
density requirements set forth by the WIC future land use designation, the PD remains
consistent with the approval conditions in place from the prior ordinance. In the WIC
future land use designation portion of the PD project and the applicant has proposed to
increase the commercial tracts from approximately 2.3 acres to just over 3 acres
furthering the mixed-use intent of the land use district and the goals of the recent East
Lake Mary Boulevard Corridor study providing commercial opportunities along the
boulevard frontage; 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
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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
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 Amended Kentucky Square 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
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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.
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Section 2. Rezoning of real property/implementing actions; the Amended
Kentucky Square PD .
(a), Upon enactment of this Ordinance the subject property, as depicted in the
map attached to this Ordinance (Tax Parcel Identification Numbers
03-20-31-5AY-0000-0580, 03-20-31-5AY-0000-0850, 03-20-31-5AY-0000-0870,
03-20-31-5AY-0000-0880, 03-20-31-5AY-0000-087B, 03-20-31-5AY-0000-088A) shall
be rezoned to the Amended Kentucky Square 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 Amended Kentucky Square 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 Amended
Kentucky Square PD Master Plan, dated October 11, 2021, unless
otherwise specifically set forth in any associated development order;
provided, however, that all subsequent development orders shall be
consistent with the provisions of this Ordinance.
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(3). Unless specifically requested and approved on the Amended
Kentucky Square PD Master Plan or the associated development order,
any required elements missing from or not shown on the Amended PD
Master Plan shall otherwise comply with the City's LDRs.
(4). Commercial portion on Parcel 1 will comply with the permitted
uses allowed in the GC -2, General Commercial, zoning
district/classification with the exception of automotive uses which are
prohibited and unlawful.
(5). Single Family Accessory uses shall be permitted as set forth
in Schedule "B" OF the City's LDRs.
(6). The following lots shall be developed only at 1 -story: lots 12
through 18 and lots 128 to 138.
(7). Adequate parking shall be provided at all mail kiosks.
(8). Unless specifically requested and approved on the Amended
Kentucky Square PD Master Plan, dated October 11, 2021, or the
associated PD development agreement implementing this Ordinance, all
development shall comply with:
(i). Tree mitigation in accordance with Section 4.2, criteria for
tree removal, replacement and relocation, of the City's LDRs.
(ii). All setback and buffer requirements set forth in the JPA, as
they apply to this PD project.
(iii). All commercial elements of the development shall be in
accordance with Schedule "G", architectural design standards, of
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the City's LDRs.
(9). A preliminary subdivision plan and subdivision improvement
plan shall be submitted and subject to approval by the City with all
construction activity being subject to approval by the City, and a
subsequent subdivision plat being reviewed, approved and recorded, in
accordance with the provisions of Chapter 177, Florida Statutes, prior to the
issuance of any certificates of occupancy.
(10). A decorative and functional fountain shall be installed in all
wet retention ponds as part of development approval which approval shall
provide for ongoing maintenance requirements and responsibilities upon
the appropriate party, but not the City.
(11). All air conditioning units or other similar appurtenances shall
be in the rear of each lot.
(12). The Owner shall install sidewalks on both sides of the streets
which shall be a minimum 5' in width.
(13). A School Capacity Availability Letter of Determination letter
shall be required from the Seminole County School District prior to the
recording of the final plat.
(14). Due to the proximity of the subject PD property to the
Orlando -Sanford International Airport, the Property Owner shall file a
Federal Aviation Administration Form 7460 with the City and Sanford
Airport Authority before a permit issued.
(15). The Property Owner shall record an airport avigation
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easement, in a form acceptable to the City Attorney, if the City determines
that such easement is required and all sales documents, declarations of
covenants, conditions and restrictions and instruments of conveyance
including, but not limited to residential leases, shall disclose the likelihood
of resulting noise from proximate aviation uses.
(16). The following design elements will be considered during the
development plan review process of each building and surrounding
infrastructure:
(i). Site improvements may include the incorporation of low
impact development (oftentimes referred to as "LID") techniques
and crime prevention through environmental design (oftentimes
referred to as "CPTED") guidelines.
(ii). Elements of buildings may be constructed incorporating
Leadership in Energy and Environmental Design (oftentimes
referred to as "LEED"), Florida Green, or such other equivalent
energy savings standards as may be approved by the City.
(17). A masonry wall, 6' in height, shall be installed by the Property
Owner along the private property boundaries and along both roads.
(18). The Property Owner shall specifically discuss with Seminole
County the possibility of installing speed tables on Kentucky Street and
shall generally propose traffic calming measures to limit the potential cut
through between the phase south of Kentucky Street and the phase north
of Kentucky Street. Upon approval of such measures, installation shall be
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accomplished by the Property Owner.
(19). If City staff and the Property Owner are unable to agree to the
details of this Development Order in any way, the matter will be submitted
to the Planning and Zoning Commission or the Historic Preservation Board,
whichever is appropriate, for resolution at a public hearing, and the matter
will be adjudicated by means of a development order or denial development
order relating thereto.
(20). 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 Amended Kentucky Square PD
Master Plan for the Amended Kentucky Square 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
Amended Kentucky Square PD .
Section 4. Conflicts.
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All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 5. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 6. Non -codification; Implementation.
(a). This Ordinance shall not be codified in the City Code of the City of Sanford
or the City's LDRs; provided, however, that the actions taken herein shall be depicted on
the zoning maps of the City of Sanford by the City Manager, or designee.
(b). The City Manager, or designee, shall implement the provisions of this
Ordinance by means of a non -statutory development agreement which shall be executed
by the Property Owner , or their successor(s) in interest within 60 days of the effective
date of this Ordinance or the subject property's zoning classification shall revert to an
un -zoned property status.
(c). The non -statutory development agreement referenced in Subsection (b).of
this Section shall be and constitute a development order and shall not create contractual
rights of the Property Owner against the City nor contractual obligations of the City to the
Property Owner and, to that end, the Property Owner shall have no contractual rights or
remedies against the City with regard to any land use action of the City.
(d). The City has not waived any rights or remedies by taken the action set forth
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herein or in the implementing development agreement and any successive development
orders and reserves any and all rights and remedies available to the City under controlling
law including, but not limited to, the protections under the laws pertaining to sovereign
immunity.
Section 7. Effective Date.
This Ordinance shall take effect upon enactment.
Passed and adopted this 14th day of February, 2022.
Attest:
Traci Hou n, MMC, FCR
Apprdud as to form and I al s fficienc .
Y
William L. Colbert, City Attorney
City Commission of the City of
Sanford, Florida
Art'VV(
Mayor
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Item No. �• CCA
CITY COMMISSION MEMORANDUM 22-050
FEBRUARY 14, 202,2 AGENDA
To: Honorable Mayor and Members of the City Commissio
PREPARED BY: Eileen Hinson, AICP — Planning Director
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Amend the existing Kentucky Square PD by adding 11.29 acres for a total
of 51.02 acres for a mixed-use commercial and residential project at 3700
Kentucky Street.
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A request to amend the Kentucky Square PD by adding 11.29 acres, increasing the total land area
to 51.02 acres for a mixed-use commercial and residential project at project address 3700 Kentucky
Street.
The property owners are Alan H. Herbst, Bernard and Tamara McPherson, HFB Kentucky Square
LLC, and James T. Murdaugh, and Sara Murdaugh. The applicant is Israel De La Rosa of Appian
Engineering LLC. The applicant, Israel De La Rosa, was responsible for completing the CAPP
(Citizens Awareness and Participation Plan) process. A summary of the CAPP is attached to this
report. The Affidavit of Ownership and Designation of Agent forms are attached and additional
information is available in order to ensure that all potential conflicts of interest are capable of being
discerned.
FISCAL/STAFFING STATEMENT:
Annexation
Ordinance
Parcel ID
Assessed
Value (2021)
Tax Bill
(2021)
Current Use
Ordinance 4484
03-20-31-5AY-0000-0580
$2,736
$49.92
Grazing Land
March 11, 2019
03-20-31-5AY-0000-0850
$4,604
$84.00
Grazing Land
03-20-31-5AY-0000-0870
$1,607
$29.32
Grazing Land
Ordinance 4623
03-20-31-5AY-0000-0880
$1,139
$12.56
Grazing Land
September 27,
03-20-31-5AY-0000-087B
$58,331
$804.65
Vacant Residential
2021
03-20-31-5AY-0000-088A
$156,511
$1,614.90
Mobile/Manufactured
Home
The table above provides a fiscal summary of all six parcels associated with the Kentucky Street
PD.
Amending the Kentucky Square PD will generate ad valorem and utility revenues for the City as
well as having an impact on public facilities and services.
No additional staffing is anticipated if the land use amendment is approved.
BACKGROUND:
The site is located on the north side of Eaglewoods Trail and west of Skyway Drive. A portion of
the property was originally approved as a Planned Development in unincorporated Seminole
County and that has since been annexed into the City of Sanford and amended into the City's
Zoning Ordinance. Below is a summary of project history:
o Parcel 1 which fronts Lake Mary Boulevard is known as the Kentucky Street Rezone. The
rezone to PD, Planned Development was approved by the Seminole County Board of County
Commissioners on August 26, 2008 allowing for commercial and industrial uses. On
February 24, 2015, Seminole County issued a revised Development Order 14-2005-00033
after approving a Major Amendment to the Planned Development. The amendment
designated the southern 9.72 acres as residential with a density range of four dwelling units
per acre to 30 dwelling units per acre and permitting restricted commercial and industrial on
the northern 2.44 acres with an FAR of 1.0.
o Parcel 2 and 3 located at the intersection of Kentucky Street and Skyway Drive is known as
Kentucky Square PD. Per the Development Order executed on December 23, 2013, 69 units,
which is approximately 2.5 units per net buildable acre, was approved. Parcel 2 and 3 have
a Low Density Residential Future Land Use designation, which allows for a maximum
density of four dwelling units per acre which was consistent with the Seminole County
Comprehensive Plan. A total of 69 dwelling units at a maximum of 3.5 dwelling units per
net buildable acre with a minimum lot size of 8,625 square feet was approved per the
Development Order.
o In 2019, the Kentucky Street PD and the Kentucky Square PD were then combined to create
the revised Kentucky Square PD Master Plan within the City limits. The development
proposed 22 Single Family homes and two commercial outparcels on the northern AIC parcel
and 94 single family residential homes on the south, LDR-SF parcels.
The applicant conducted a CAPP meeting on September 9, 2021 and received two emails in
addition. The concerns raised included:
• Additional traffic and plans for improvement to Kentucky Street and an assessment of the
traffic on Skyway
• Overall drainage for the area and how fill and stormwater will be addressed
• Preservation of existing wildlife
• Privacy including maintaining an undisturbed buffer adjacent to existing homes and
limiting the homes to one story facing the existing residences
• Improvement in internet services as part of infrastructure upgrades including connection to
the surrounding neighborhood; and
• Questions about burning of debris during site clearance
• Requests for appropriate privacy fencing
• Addition signage to limit intrusion of traffic onto private property
• Addition of Fire hydrants
The currently approved Kentucky Square PD is permitted a maximum of 116 Single Family
Homes on 51.17 acres. The applicant is proposing to increase this by 33 to 149 single family
homes, by adding 11.29 acres annexed by earlier this year (Ordinance No. 2021-4623), along the
southern boundary of the property, while maintaining the two outparcels fronting E. Lake Mary
Boulevard.
The total project site now proposes 149 single-family residential lots on 51.17 acres, and two
commercial out parcels with associated open space and stormwater ponds. The site has been re-
designed to limit impact to the existing Bald Eagle's nest located in the southeast corner of the
project; however, the new design does place more single family homes adjacent to the existing
acreage tracts with larger estate homes. Previously, these homes were buffered by recreation tracts
and stormwater ponds as negotiated during previous public hearings.
As part of the re -design, no net change in residential density is being proposed in the Westside
Industry and Commerce (WIC) portion of the project. Although it does not meet the minimum
density requirements setforth by the WIC, the PD remains consistent with the approval conditions
in place from the prior ordinance. In the WIC portion, the applicant has proposed to increase the
commercial tracts from approximately 2.3 acres to just over 3 acres furthering the mixed-use intent
of the land use district and the goals of the recent E. Lake Mary Boulevard Corridor study
providing commercial opportunities along the boulevard frontage.
Along with this request, the applicant has submitted a concurrent application to amend the land
use of the approximately 11.29 acres annexed on September 27, 2021 from (SE) Suburban Estates
(County) to (LDRSF) Low Density Residential — Single Family (City).
The City's Comprehensive Plan defines the two land uses included within this subdivision as
follows:
Policy FLU 1.2.2: Designate Low Density Residential — Single Family (LDR-SF) Districts. The
areas delineated for LDR-SF development shall include existing stable single family areas, as well
as those areas identified for future low density residential single family development in order to
provide sufficient land area to meet projected single family housing needs. Areas delineated as
LDRSF shall allow residential development with a maximum density of up to six dwelling units
per acre comprised of single family detached homes on individual lots. Supportive community
facilities and accessory land uses as defined in the LDRs may be located within areas designated
LDR-SF. Development within the LDR-SF designation shall be required to meet the following
general criteria together with the performance criteria established in Policy FLU 1.1.7 in this
Element:
• Compatible with the quality and character of existing low density single family neighborhoods;
• Compatible with existing and anticipated future developments;
• Compatible with natural features of the land and other policies within the Comprehensive Plan
impacting natural resources.
OBJECTIVE FLU 1.9: Utilize Airport Industry and Commerce Land Use Designation (AIC).
The "Airport Industry and Commerce" (AIC) land use designation is a high-intensity mixed-use
policy for managing lands comprised of the Orlando Sanford International Airport and adjacent
lands capable of supporting a variety of residential rental properties and commercial and industrial
uses.
More specifically from Policy FLU 1.9.1 which is to establish performance criteria for
development within the AIC including the land mix as noted below:
e. The land use mix in the AIC is intended to provide a full range of urban services
and facilities including:
• Industrial and Business Parks;
• Office Complexes;
• Commercial and retail developments;
• Service and hotel uses; and
• Medium to high density multifamily residential developments, where
located in accordance with those requirements contained within this policy.
The subject parcels fall within sub -area 4 of the 2015 Seminole County/City of Sanford Joint
Planning Agreement (JPA). Exhibit C of the JPA identifies the following excerpt which applies
to this subject property:
An east -west alignment established by Eaglewoods Trail shall serve as a dividing line for
residential density within Planning Area 4. Properties to the north of this line shall develop at a
maximum of 3.5 units per net buildable acre. Properties lying south of this line and north of
Pineway shall develop at a maximum of 2.5 units per net buildable acre. These densities shall not
apply to properties currently assigned the County HIP -AP Future Land Use designation.
The proposed layout of the property located in the Low Density Residential future land use
designated parcels, which are located north of the Eaglewoods Trail line, shows a 3.29 dwelling
unit per acre density meting the stated goals and objectives of the JPA noted above.
Staff has reviewed the request and has determined that the modifications to the PD, although
increasing both lot count and acreage, are generally consistent with the prior approvals for density
and intensity and provide a greater opportunity for eagle protection and stormwater layout.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on February 2,
2022.
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 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 14ive written notice to the applicant.
The notice must include a citation to the applicable portions of an ordinance,
rule, statute, or other lel4al authority for the denial of the permit or order.
(4) As used in this section, the terms "development permit" and "development
order" have the same meaning as in s. 163.3164, but do not include building
permits.
(5) For any development permit application filed with the municipality after July
1, 2012, a municipality may not require as a condition of processing or issuing
a development permit or development order that an applicant obtain a permit
or approval from any state or federal agency unless the agency has issued a
final agency action that denies the federal or state permit before the municipal
action on the local development permit.
(6) Issuance of a development permit or development order by a municipality
does not create any right on the part of an applicant to obtain a permit from a state
or federal agency and does not create any liability on the part of the municipality
for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill
the obligations imposed by a state or federal agency or undertakes actions that result
in a violation of state or federal law. A municipality shall attach such a disclaimer
to the issuance of development permits and shall include a permit condition that all
other applicable state or federal permits be obtained before commencement of the
development.
(7) This section does not prohibit a municipality from providing information to
an applicant regarding what other state or federal permits may apply."
The above -referenced definition of the term "development permit" is as follows:
"(16) 'Development permit' includes any building permit, zoning permit,
subdivision approval, rezoning, certification, special exception, variance, or any
other official action of local government 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 [ofJ 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.
RECOMMENDATION:
Staff finds that the PD Rezone is appropriate and suitable for the subject site and is compatible
with the surrounding land uses and is consistent with the City of Sanford Comprehensive Plan,
Joint Planning Agreement and Chapter 163 of Florida Statutes.
At the January 6, 2022 regular meeting, the Planning and Zoning Commission, per the
recommendation of staff, recommended the City Commission approve amending the Kentucky
Square PD by adding 11.29 acres for a total of 51.02 acres for a mixed-use commercial and
residential project at 3700 Kentucky Street subject to a Development Order containing the
following conditions:
1. Pursuant to Section 4.3.G of the Land Development Regulations (LDR) of the City of
Sanford, this rezoning shall expire three years from the effective date of this Ordinance if
all improvements have not been completed or an extension granted.
2. All development shall be consistent with the Revised Kentucky Square PD Master Plan,
dated October 11, 2021 unless otherwise specifically set forth in any associated
development order; provided, however, that all subsequent development orders shall be
consistent with the provisions of this Ordinance.
3. Unless specifically requested and approved on the Revised Kentucky Square PD Master
Plan or the associated development order, any required elements missing from or not
shown on the PD Master Plan shall otherwise comply with the City's Land Development
Regulations, LDR.
4. Commercial portion on Parcel 1 will comply with GC-2, General Commercial permitted
uses with the exception of automotive uses.
5. Single Family Accessory uses shall be permitted per Schedule B, City of Sanford Land
Development Regulations.
6. Lots that are adjacent to existing residential structures shall be single story only (Lots 128
to 138).
7. Parking shall be provided at all mail kiosk.
8. Unless specifically requested and approved on the Revised Kentucky Square PD Master
Plan, received October 11, 2021 or the associated PD Development Order, all development
shall comply with:
a. Tree mitigation per Section 4.2 Criteria For Tree Removal, Replacement And
Relocation
b. All setback and buffer requirements set forth in the Sanford — Seminole County
JPA, as they apply to this project.
c. All commercial elements of the development shall be in accordance with Schedule
"G" — Architectural Design Standards, of the City's Land Development
Regulations as defined therein.
9. A preliminary subdivision plan and subdivision improvement plan shall be submitted and
subject to approval by the City with all construction activity being subject to approval by
the City, and a subsequent subdivision plat being reviewed, approved and recorded, in
accordance with the provisions of Chapter 177, Florida Statutes, prior to the issuance of
any certificates of occupancy.
10. A decorative and functional fountain shall be installed in all wet retention ponds as part of
development approval which approval shall provide for ongoing maintenance requirements
and responsibilities upon the appropriate party, but not the City.
11. All air conditioning units or other similar appurtenances shall be in the rear of each lot.
12. The Owner shall install a minimum of 5-foot wide sidewalks on both sides of the streets.
13. A School Capacity Availability Letter of Determination letter shall be required from the
Seminole County School District prior to the recording of the final plat.
14. Due to the proximity of the subject property to the Airport, the developer shall file an FAA
Form 7460 that should be returned and provided to the City of Sanford and Orlando-
Sanford International Airport before a permit issued.
15. By adoption of this ordinance and execution of the accompanying development order, the
Property Owner hereby agrees to record an airport avigation easement in a form acceptable
to the City if the City determines that such easement is required. Additionally, all sales
documents, declarations of covenants, conditions and restrictions and instruments of
conveyance including, but not limited to residential leases, shall disclose the likelihood of
resulting noise from proximate aviation uses.
16. The following design elements will be considered during the development plan review
process of each building and surrounding infrastructure:
a. Site improvements may include the incorporation of low impact development
(oftentimes referred to as "LID") techniques and crime prevention through
environmental design (oftentimes referred to as "CPTED") guidelines.
b. Elements of buildings may be constructed incorporating Leadership in Energy and
Environmental Design (oftentimes referred to as "LEED"), Florida Green, or such
other equivalent energy savings standards as may be approved by the City.
17. Any dispute relative to the aforementioned matters shall be resolved by the Planning and
Zoning Commission, after a public hearing, by means of a development order or denial
development order relating thereto.
On January 24, 2022The City Commission approved the first reading of Ordinance No. 4667
identifying the following additional proposed conditions:
Applicant shall provide an 8' visual screen (vinyl or masonry to be determined).
In addition to the lots called out by the Planning and Zoning Commission - one-story lots
shall be provided on lots 12 through 18.
The applicant shall propose traffic calming measures to limit the potential cut through
between the phase south of Kentucky Street and the phase north of Kentucky Street.
Additional comments or recommendations may be presented by staff at the meeting.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4667, with the additional conditions listed in the
recommendation."
Attachments: Project Information Sheet
Site Zoning Map
Site Aerial Map
Affidavit of Ownership
Master Plan
CAPP Summary/CAPP Letter
Ordinance No. 4667
T:\Development Revie%v\03-Land Development\2021 \3700 Kentucky Street\PD Rezone\CC\CC Agenda Memo - 3700 Kentucky St - PDRZ.docx
Requested Action:
Proposed Use:
Project Address:
Current Zoning:
Current Land Use:
PROJECT INFORMATION -- 3700 KENTUCKY STREET
PD REZONE
Tax Parcel Numbers:
Site Area:
Property Owner:
Applicant/Agent:
CAPP Meeting:
Commission District:
Amend the Kentucky Square PD by adding 11.29 acres for a total of 51.02 acres
for a mixed use commercial and residential project at 3700 Kentucky Street.
Single Family Residential
3700 Kentucky Street
PD (Planned Development)
Grazing land, Vacant Residential, Mobile/Manufacturing Home
03-20-31-5AY-0000-0580, 03-20-31-5AY-0000-0850, 03-20-31-5AY-0000-0870, 03-20-
31-5AY-0000-0880, 03-20-31-5AY-0000-087B, 03-20-31-5AY-0000-088A
11.29 for a total of 51.02 acres
Alan H. Herbst, James T. Murdaugh, Sara Murdaugh, Bernard & Tamara McPherson,
HFB Kentucky Square LLC
Israel De La Rosa
Appian Engineering LLC
2221 Lee Road STE 27
Winter Park, FL, 32789
Phone: (407) 960-5868
Email: permitting@appianfl.com
A traditional CAPP process was conducted on September 9, 2021.
District 1 — Sheena Britton
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.
Existing Land Use: Vacant, Grazing Land, Single Family Residential
Future Land Use: LDRSF — Low Density Residential — Single Family, AIC — Airport, Industry, and
Commerce
SURROUNDING USES AND ZONING:
Zoning
North Planned Development
South Low Density Residential (County)
East Suburban Estates (County)
West Suburban Estates (County)
Uses
Vacant
Empty Lot
Mobile Home/Barns/Sheds
Mobile Home
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