4698 Amendment to Ordinance No. 4633 relating to the Seminole Towne Center PD at 200 Towne Center BoulevardOrdinance No. 2022-4698
An ordinance of the City of Sanford, Florida Amending Certain
Provisions of Ordinance No. 4663 relating to a Planned Development
(PD) amendment of a portion of the Seminole Towne Center PD
Master Plan; providing for findings and intent; providing for the
taking of implementing administrative actions; providing for
conflicts; providing for severability; providing for non -codification
and providing for an effective date.
Whereas, on January 24, 2022, the City Commission of the City of Sanford,
Florida adopted Ordinance No. 4663 that amended a portion of the Seminole Towne
Center PD Master Plan which is a Planned Development (PD) zoning
classification/district; the property having been rezoned to the Seminole Towne Center
PD when enacted by Ordinance 3006 on July 9, 1990, and amended subsequently, as
needed, to address individual elements of development; and
Whereas, Ordinance No. 4663 provided, among other things, that "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 Ordinance No. 4663 or
the subject property's zoning classification shall revert to an un-zoned property status;
and
Whereas, the majority of the mall property that is affected by the amendment to
that certain portion of the Seminole Towne Center PD Master Plan is owned by Seminole
Mall Realty Holding, LLC of Great Neck, New York; and
Whereas, the balance of the mall property that is affected by the amendment to
that certain portion of the Seminole Towne Center PD Master Plan is owned individually
by the following entities: Dillard's Inc.; 320 Towne Center Circle, LLC; Penny Property
Sub Holdings, LLC; and Decision Tactical, LLC ; and
Whereas, the City Attorney has reviewed the procedure for the execution of the
non -statutory development agreement as set forth in Ordinance No. 4663 and has
determined that each of the above listed owners of property within the mail should each
separately execute a non -statutory development agreement, in the form and with the
content, as provided in Ordinance No. 4663; and
Whereas, the Sanford City Commission wishes to amend Ordinance No. 4663
to provide that each of the above -listed owners of property in the Seminole Towne Center
mall shall each separately execute a non -statutory development agreement in the form,
and with the content, as provided in Ordinance No. 4663.
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 Commission agenda memorandum relating to
the execution of a non -statutory development agreement by each owner of property
within the Seminole Towne Center mall as well as the recitals (whereas clauses)
contained within this Ordinance.
(b) The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(c) This Ordinance is consistent with the goals, objectives and policies of the
Comprehensive Plan of the City of Sanford.
Section 2. Amendment of Ordinance No. 4663 relating to the execution by
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each owner of property within the mall of a non -statutory development agreement.
(a) The City Commission of the City of Sanford hereby determines and directs
that the portion of Ordinance No. 4663 that requires the execution of a non -statutory
development agreement by the "Property Owner" within 60 days shall be amended and
modified as follows:
(i) The City Manager, or designee, shall implement the provisions of
this Ordinance No. 4698 by means of individual non -statutory development
agreements which may be executed by each property owner within the boundaries
of the approximately 108 acre redevelopment area of the Seminole Towne Center
PID as described in Ordinance No. 4663, or their successor(s) in interest. Such
agreement shall be required in order for this Ordinance to become effective as to
each owner's property. In the event that a non -statutory development agreement
is not recorded as to any parcel(s) within the approximately 108-acre
redevelopment area, that specific parcel(s) will continue to be governed by the
provisions of Ordinance 3006 as amended to date (excluding the amendments
made by this Ordinance No. 4698).
(ii) The conditions to be incorporated into the non -statutory
development agreements with each owner shall be the same conditions set out in
Ordinance No. 4663 except the term "Property Owner" as used in the conditions to
be incorporated into the non -statutory development agreements shall mean and
refer to each property owner within the boundaries of the approximately 108 acre
redevelopment area of the Seminole Towne Center PID as described in Ordinance
4663, or their successor(s) in interest.
Section 3. Ratification and reaffirmation of Ordinance No. 4663, as
amended.
Except as specifically modified or amended by this Ordinance No. 4698, all other
findings, intent, provisions, conditions and directions set forth in Ordinance No. 4663
shall be and remain in full force and effect and are hereby ratified and reaffirmed.
Section 4. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 5. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
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.
Section 7. Effective Date.
This Ordinance shall take effect immediately upon enactment by the City
Commission.
Passed and adopted this 13 th day of June, 2022.
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Attest: City Commission of the City of
Sanford, Florida
9IM-M-P
Traci Houchin,FCRM
City Clerk
I I
I FITI Vol rM, II STAre
William L. Colbert, City �Mtorney
'By':,
CITY OF WS RM X
SANFORD FLORIDA Item No. r7-D
CITY COMMISSION MEMORANDUM 22-152
.TUNE 13,2022 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 - 2
SUBJECT: Ordinance No. 4698, Amending O);r�i ance N�1�.4�663"relating to the
r Seminole Towne Center PD at 200 T wne Center levard.
THIS IS A QUASI-JUDICIAL MATTER AND, AS REQUIRES
DISCLOSURE OF ALL EX -PARTS COMMUNICATIONS,
S, 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 amend a portion of the Seminole Towne Center PD Master Plan (hereinafter referred
to as the "Mall PD") was previously considered by the City Commission on January 24, 2022, and,
Ordinance No. 4663 was adopted. The adopted Ordinance provided that the main portion of the
Seminole Town Center Mall would be rezoned to Seminole Town Center PD with development
conditions being required to be included in a development order to be executed with the property
owner.
FISCAL/STAFFING STATEMENT:
The overall Mall PD is an approximate +/- 214 acre project site generally located South of State
Road 46, North of State Road 417, East of Interstate Highway 4 and West of Towne Center
Boulevard with a project address of 200 Towne Center Circle. The overall PD and former
Development of Regional impact currently encompasses more parcels than those being rezoned,
but for the purposes of this statement, the intended redevelopment of the parcels in question will
create an overall redevelopment effect for the mall and will generate additional tax revenue for the
City.
No additional staffing is anticipated if the requested Planned Development rezone is approved.
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BACKGROUND:
The site is approximately 108 acres of the original 214 acres PD and is generally located South of
SR 46, North of SR 417, East of Interstate 4 and West of Towne Center Boulevard with a project
address of 200 Towne Center Circle. The property is currently zoned PD, Planned Development,
and has a future land use designation of HI, I-4 High Intensity.
The property was rezoned to the Seminole Towne Center PD as adopted by Ordinance No. 3006
on July 9, 1990 and amended subsequently as needed to address individual elements of
development. Amendments included modification to the land boundaries and changes,
modifications, additions and deletions of allowable uses as listed on the Planned Development
Master Plan to individual parcels and sections of the PD. Additional variances were also approved
regarding signage and other area and dimensional standards including landscaping and parking.
The site is therefore subject to the zoning restrictions contained within the Seminole Towne Center
PD and associated amendments on file, however, due to the number of modifications, a complete
copy of the Planned Development Ordinance is not available.
Ordinance No. 4663, adopted January 24, 2022, provided for the rezoning of approximately 108
acres representing the main portion of the Mall and, in addition, required the execution of a
development order/agreement which include certain conditions as set out in the Ordinance.
As recommended by staff, Ordinance No. 4663 included additional standards to be adopted with
the Planned Development Master Plan to guide appropriate exterior improvements of the
individual site areas as the interiors of the buildings are modified.
The owner of the majority of Mall is Seminole Mall Realty Holdings, LLC and the owners of the
remaining portion of the Mall are: Dillard's Inc.; 320 Towne Center Circle, LLC; Penny Property
Sub Holdings, LLC; and Decision Tactical, LLC.
The revised Seminole Town Center PD, including the additional development/redevelopment
conditions, touches and affects the property of all owners of the Mall and the execution by all Mall
owners of the proposed Planned Development Agreement (PD) should be obtained.
Proposed Ordinance No. 4698, amends Ordinance No. 4663 by the addition of the following
language: The City Manager, or designee, shall implement the provisions of this Ordinance No.
4698 by means of individual non -statutory development agreements which may be executed by
each property owner within the boundaries of the approximately 108 acre redevelopment area of
the Seminole Towne Center PD as described in Ordinance No. 4663, or their successor(s) in
interest. Such agreement shall be required in order for this Ordinance to become effective as to
each owner's property. In the event that a non -statutory development agreement is not recorded
as to any parcel(s) within the approximately 108-acre redevelopment area, that specific parcel(s)
will continue to be governed by the provisions of Ordinance No. 3006 as amended to date
(excluding the amendments made by this Ordinance No. 4698).
LEGAL REVIEW:
The City Attorney has reviewed the proposed Ordinance, the previously adopted Ordinance to be
amended, as well as additional information referenced in this memorandum and has no objection to
the Revised Ordinance.
The City Commission approved the first reading of Ordinance No. 4698 on May 23, 2022.
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The City Clerk published notice of the 2 d Public Hearing in the Sanford Herald on June 5, 2022.
REcommENDATION:
It is staff s recommendation to adopt Ordinance No. 4698.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4698."
Attachments: Ordinance No. 4698
Amended Seminole Towne Center PD
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