DO #22-14_220 S. Oak Avenue_RecordedGRANT MALOY SEMINOLE cOUNTY
COMPTROLLER
This Instrument Prepared By and Return To: CLERK Of: CIR6UIT COURT %-734_747t14P,gs)
CVN#20220r67657Bk".10255P
Julie Adams Scofield, AICD RF 061081202 2 1.19.64 Pfd
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Historic Preservation Planner C.
Planning and Development Services Department R,_cORDING FEES $120,50
City Hall
300 North Park Avenue
Sanford, Florida 32771
Tax Parcel Identification Number: 25-19-30-5AG-0405-0040.
Case #: 22-002200
File #; COA22-000075
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MATAME91 NQ11119019N M 9 M,
The Historic Preservation Board (HPB) of the City of Sanford issued this
Development Order relating to an application for a Certificate of Appropriateness under
the provisions of Schedlule "S" of the City's Land Development Regulations (LI Rs) and
controlling Florida law relating to and touching and concerning the following described
property: 220 S. Oak Avenue, which is assigned Tax Parcel Identification Number: 25-
19-30-5AG-0405-0040 by the Seminole County Property Appraiser.
Property Owner: Nation Oak Avenue 11, LLC
570 Crown Oak Centre Dr.
Longwood, FL 32750-6187
Applicant: David J. Smith
1612 White Dove Dr.
Winter Springs, FL 32708
Project: Approval of the HPB for the demolition of a non-contributing structure and
new commercial construction at 220 S. Oak Avenue in the Downtown Commercial
Historic District
Requested Development Approval: The Applicant requested approval of the HP13 to
demolish a one-story cement block building constructed in 1974 and listed as a non-
contributing structure in the Downtown Commercial District. The Applicant proposes to
construct a new commercial structure on the site. Details were provided in drawings, a
site plan, a floor plan, notes and photos.
Additional Findings: The project is located at 220 S. Oak Avenue in the City's
Downtown Commercial Historic District as described and depicted in Schedule "S" of
the City's LDRs.
The building is located at the corner of Oak Avenue and 3rd Street and is part of the
entertainment complex project that includes previously approved new construction and
alterations to existing buildings. The Applicant proposes to replace the structure with a
reproduction of the two-story Chase and Co. building (demolished in 1994) per the
architectural drawings, notes, and door specifications. The proposed new building
would stand next to the one story "Hills Hardware building" which is next to the two story
"Keely Garage "and the two-story new construction.
Demolition:
(543-44) A. Criteria for Reviewing Demolition Permits
No landmark or structure within a local historic district shall be demolished or removed,
in whole or in part, until after an application for a Certificate of Appropriateness has
been approved by the Board based on the following criteria:
1. The historic, architectural or environmental significance of the structure.
2. The historic, architectural or environmental significance of the structure to the
overall ensemble of structures within the district and the importance of the structure
to the integrity of the district.
3. The aesthetic interest that the structure adds to the district, or in the case of an
historic landmark, to the City.
4. The number of remaining examples of similar significance in the district or, in the
case of an historic landmark, in the City.
5 The difficulty or impossibility of reproducing such a structure because of its design,
texture, material, detail, size, scale or uniqueness of location.
6. The plans for future utilization of the site and the effect those plans will have on the
architectural, historical, archaeological, social, aesthetic or environmental character
of the district.
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7. The reasonable measures that can be taken to save the structure from further
deterioration, collapse, arson, vandalism or neglect
8. Any measures that have been taken to prevent the structure from deteriorating,
such as performance of normal maintenance and repairs and provision of normal
tenant improvements. In addition, whether the structure was willfully or negligently
allowed to deteriorate. Properties cited for Demolition by Neglect that are not
repaired may not be granted a demolition permit.
9. The determination by the Building Official that the structure is an imminent hazard
to public safety and that repair would be impractical
10. The economic hardship imposed on the owner if the application for Certificate of
Appropriateness for demolition is denied.
11. The submittal of a detailed report describing all aspects of the structure's historical
and architectural characteristics from the City's historic resources inventory and
Florida Master Site File. This report shall be prepared by a qualified person
knowledgeable in historic preservation under contract with the City at the
Applicant's expense.
12. The submittal of a detailed report describing all aspects of the structure's physical
condition prepared by an architect, licensed design professional or registered civil
engineer at the Applicant's expense.
(S-43) If a Certificate of Appropriateness is issued by the Board for demolition, the
Certificate of Appropriateness must include the condition that the Applicant must wait
for a total period of 180 days before the Applicant may perform such demolition.
The single -story block commercial building, constructed in 1974, has no historic,
architectural or environmental significance individually or in relation to the other
structures within the Downtown Commercial District. Listed as a non-contributing
structure in the District, the structure is not important to the overall integrity of the
District and does not add aesthetic interest to the District. Due to these building
characteristics, review for items four (4) through 12 listed above are not applicable. The
180 -day waiting period is intended to encourage an alternative to demolition (relocation,
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change in ownership, arrangement for salvage, etc.) for significant and contributing
properties, which does not apply to this property.
Commercial Lot Layout
(S-24) Setback. New building within the Downtown Commercial District shall have a
zero (0) to five (5) foot setback from the property line.
(S-24) Building facades within the Downtown Commercial Historic District shall extend
along the street to a minimum of ninety (90) percent of the lot width for interior lots and
sixty (60) percent for corner lots.
(S-24) Parking areas shall be located to the side and rear of the building. A secondary
pedestrian entrance may be provided in the back of the business to provide direct
customer access to the store from parking areas, or a walkway shall be provided to
improve circulation between the parking lots and the street. Architectural
embellishments, awnings, landscaping and signs shall be used to mark the secondary
entrance. The design of the rear of the building shall be consistent with the front
fagade.
The proposed development complies with the lot layout requirements and intention for
urban form.
Building Form
(S-25) New buildings and their components shall be compatible in scale with each other
(size of windows and doors in relation to the fagade), the human body (building
elements sized for human use), and neighboring structures (predominant scale). To
achieve the appropriate scale, the height to width, length to width and solid to void
ratios must be considered. The scale (height to width ratio) of street facing facades
shall be compatible with and maintain the proportions established by the existing
structures within the district.
(S-25) To maintain the predominant scale and proportion of the district, new buildings,
additions and alterations shall be designed so that elements of the building fagade are
aligned with the fagade elements of the neighboring structures (e.g., windows, doors,
etc.)
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(S-25) Contemporary design for new construction is permitted when compatible with the
size and scale of the property, neighborhood and immediate environment.
(S-25) New construction shall create a sense of layers using steps, brackets, chimneys,
vegetation, and other projecting elements to make the building look less massive.
(S-25) All new buildings shall have the main entrance oriented to the principal street
and in full view from the public right-of-way.
(S-25) The width of new or altered buildings shall be consistent with the predominant
building width in the surrounding neighborhood. Larger buildings shall be designed so
their facades are divided into smaller elements that relate to those of the surrounding
neighborhood.
(S-26-27) Commercial Building Form
• New buildings shall be designed with architectural features and patterns that
provide visual interest from the perspective of the pedestrian, as well as
vehicular traffic.
• New buildings placing and massing shall relate to nearby buildings and the urban
context.
• New buildings and additions shall include substantial variation in massing such
as changes in height and horizontal plane. Horizontal massing shall not exceed a
height/width ratio of one to three (1:3) without a substantial architectural element
that either projects up or away from the building, such as a tower bay, lattice, or
other architectural feature.
• Buildings in the commercial historic district shall not exceed four (4) stories.
Buildings at the corner of two (2) streets may have embellishments at the corner
that are proportionately higher.
• The height of storefront openings in new buildings shall be similar to the
storefront openings within the district.
• The scale and massing of the lower floors of new structures and their
architectural elements shall be similar to contributing structures in the historic
district. Any new structure that exceeds fifty (50) linear feet along any street
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frontage shall minimize the fagade's mass by adding projections and recesses to
make the structure similar in scale to contributing structures in the historic
district.
• New buildings shall have a recognizable top consisting of, but not limited to,
cornice treatments, roof overhangs with brackets, steeped parapets, richly
textured materials and/o differently colored materials. Colored stripes are not
acceptable as the only treatment.
• New building walls shall be enhanced by the use of vertical elements, articulation
and landscaping to break the monotony.
• The first floors of new buildings, including structured parking, shall be designed
to encourage pedestrian scale activity.
• Mechanical units and their ancillary equipment shall not be visible from the right
of way.
• Mechanical equipment shall be integrated into the overall mass of a building by
screening it behind parapets or be integrating equipment into roof forms. Plain
boxes are not acceptable as screening devices.
• Structural canopy supports should be symmetrical across face of fagade.
The proposed design is inspired by the Chase and Company office/warehouse, a
typical 1920s style masonry commercial building at 200 Oak Avenue that was
demolished in the early 1990s. The two-story structure provides a substantial anchor for
the Downtown Commercial District boundary and is compatible scale.
Building Features and Exterior Wall Materials
(S-28) Building features within new construction shall be compatible with the color,
material, and character of the property, neighborhood and immediate environment.
(S-29) For new construction, additions and alterations, use the wall finish most
acceptable for the architectural style (see Appendix A).
(S-29) Synthetic materials can be allowed for trim details and architectural elements on
new construction.
Traditional building elements include an interior skylight, defined cornice, distinct entry
feature with double doors, double hung windows, and faux loading dock doors and
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windows on the south elevation create pedestrian level interest. The stucco wall
material and metal awnings are typical applications in the Downtown Commercial
District.
Windows and Doors
(S-33) All new windows shall have mullion profiles similar to contributing structures. If
single hung or double hung windows are placed in groupings, a four -to -six-inch trim
piece shall separate the windows.
(S-33) If a window contains divided lites, true muntins or simulated true -divided lites
(where a wood frame is glued to the exterior of the glass with a very high bond (VHB)
adhesive system) shall be used. If double pane windows are installed, an internal
shadow bar shall also be used between the glasses. Inserted or removable grilles and
flat grilles that do not replicate the profile and characteristics of the original window are
prohibited on the exterior of the windowpane. The interior of the windowpane may have
an inserted or removable grille provided that the grille is not flat and has a profile.
(S-33) Windows and doors shall be glazed in clear glass with no more than ten (10)
percent daylight reduction. The use of reflective glass and reflective film is prohibited on
all buildings.
(S-34) Rectangular windows shall be casement and single or double hung; circular and
hexagonal windows may be fixed or pivot.
(S-36) Commercial Windows and Doors:
• Window and display cases are encouraged along pedestrian corridors
• Clear glass -(88%) light transmission shall be installed on the first floor. Tinted
glass allowing a minimum of 50% light transmission shall be allowed only for use
on second floor windows provided the tinting is consistent with the architectural
style of the building.
• Storefront windows shall be built entirely of wood, steel or aluminum. The
storefront side piers shall be the same material as the upper fagade or covered
with stucco.
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• The minimum height of awnings on non-residential buildings shall be 8 feet from
the lowest point of the sidewalk. Generally, awnings shall not extend more than 6
feet from the face of the structure. However, the HPB may approve awnings that
extend 8 feet from the face of the structure upon a finding of fact that the awning
width is consistent with the width of awning on adjacent buildings. The highest
point of a first -floor awning shall not be higher than the midpoint of the space
between the second story windowsills and the top of the first -floor storefront
window.
• The highest point of a first -floor awning shall not be higher than the midpoint
between the top of the first story window and the second story windowsill.
The proposed wood windows are the same as those approved for the other buildings in
the complex and the wood entry and metal rear exit doors meet Schedule S standards.
CONCLUSIONS OF LAW
(a). Pursuant to Section 8.0 of Schedule "S" of the City's LDRs, the HPB has
reviewed the proposed Certificate of Appropriateness and all application documentation
and matters relating thereto in accordance with the procedures for altering historic
landmarks or structures within historic districts as set forth in Schedule "S."
(b). Specifically, Schedule "S" and Schedule' "" of the City's LDRs provide as
follows:
A. Criteria for Reviewing Demolition Permits.
No landmark or structure within a local historic district shall be demolished or removed,
in whole or in part, until after an application for a COA has been approved by the HPB
based on the following criteria:
1. The historic, architectural or environmental significance of the structure.
2. The historic, architectural or environmental significance of the structure to the
overall ensemble of structures within the district and the importance of the
structure to the integrity of the district.
Signate regulations were recently consolidated into Schedule 'W" of the City's LDRs.
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3. The aesthetic interest that the structure adds to the district, or in the case of a
historic landmark, to the City.
4. The number of remaining examples of similar significance in the district or, in
the case of an historic landmark, in the City.
5. The difficulty or impossibility of reproducing such a structure because of its
design, texture, material, detail, size, scale or uniqueness of location.
6. The plans for future utilization of the site and the effect those plans will have on
the architectural, historical, archaeological, social, aesthetic or environmental
character of the district.
7. The reasonable measures that can be taken to save the structure from further
deterioration, collapse, arson, vandalism or neglect.
8. Any measures that have been taken to prevent the structure from deteriorating,
such as performance of normal maintenance and repairs and provision of
normal tenant improvements. In addition, whether the structure was willfully or
negligently allowed to deteriorate. Properties cited for Demolition by Neglect
that are not repaired may not be granted a demolition permit.
9. The determination by the Building Official that the structure is an imminent
hazard to public safety and that repair would be impractical.
10. The economic hardship imposed on the owner if the application for COA for
demolition is denied.
11. The submittal of a detailed report describing all aspects of the structure's
historical and architectural characteristics from the City's historic resources
inventory and Florida Master Site File This report shall be prepared by a
qualified person knowledgeable in historic preservation under contract with the
City at the Applicant's expense.
12. The submittal of a detailed report describing all aspects of the structure's
physical condition prepared by an architect, licensed design professional or
registered civil engineer at the Applicant's expense.
Procedures for Issuing Demolition COA.
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No landmark or structure within a local historic district shall be issued a demolition
permit for removal in whole or in part, until after the following procedures are complete:
1. The demolition permit must accompany a building permit for a replacement
structure which meets all regulations and has received all required approvals.
2. This demolition permit may only be issued after the waiting period has been
completed.
3. Upon approval of the demolition request and prior to issuance of a building
permit (time defined as the waiting period), the property owner and contractor
shall sign an affidavit to the City that they are aware of the city's definition of a
demolition and the penalties associated with an unlawful demolition.
4. If demolition occurred without the issuance of a demolition permit, the building
permit filed for the replacement structure shall have an additional assessment
of the demolition permit fee that was not collected, in addition to the after the
fact fee.
5. In all cases, no changes to the previously approved plans may be made except
as determined by the Administrative Official in consultation with the HPB to
meet current zoning and building code requirements.
6. When demolition of a structure is allowed, the City shall provide the developer
of the structure to be demolished with information about the salvaging of
building materials. At least ten (10) days prior to the date when the demolition
is scheduled to commence, the developer shall provide the Administrative
Official with written notice, and an advertisement published in a newspaper of
general circulation at the Applicant's expense, of the availability of materials for
salvage, including the name and telephone number of a contact person. Upon
request, the Administrative Official may make this information available to
persons who may be interested in contacting the owner(s) to arrange for
possible salvage of building materials. No salvaging of materials shall occur
until a demolition permit has been approved by the Building Department.
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7. Submittal of documentation requirements in accordance with Appendix B,
Documentation Requirements for Buildings Proposed for Demolition and
Standards for Architectural Documentation.
Waiting Period.
If a COA is issued by the HPB for demolition, the COA must include the condition that
the Applicant must wait for a total period of one hundred eighty (180) days before the
Applicant may perform such demolition or relocation in accordance with this Schedule.
During this period, the HPB may negotiate with the owner of the landmark and with any
other party to find a means of preserving the property including the acquisition by gift,
purchase, exchange or otherwise of the property or any interest therein.
The HPB may reduce or waive the waiting period required in any case where the owner
would suffer extreme hardship, not including loss of profit, unless a reduction in the
required period were allowed. The HPB shall also have the discretionary authority to
waive all or any portion of the required waiting period provided that the alteration,
remodeling, relocation or change of use is undertaken subject to conditions agreed to
by the HPB insuring the continued maintenance of the historical, architectural, or
cultural integrity and character of the property.
(a). To the extent that a conclusion of law as set forth herein also constitutes a
factual finding, then such shall be taken to be so as part of this Development
Order.
(b). The proposed Certificate of Appropriateness is hereby found and
determined to comply with the aforestated.
(c). Additionally, the Certificate of Appropriateness sought is hereby found and
determined to be consistent with the City of Sanford Comprehensive Plan
and development of the property as proposed would be consistent with and
in compliance to applicable land development regulations and all other
applicable regulations and ordinances as set forth in the Code of Ordinances
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of the City of Sanford,
(d), This is 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.
(e). The City has not waived any rights or remedies by taking the action set forth
herein or 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.
NOW, THEREFORE, IT IS ORDERED THAT:
(1). The aforementioned application for a Certificate of Appropriateness, as
modified by ore tenus amendment, is APPROVED.
(2) The 180 -day waiting period is hereby waived provided that the alteration,
remodeling, relocation or change of use is undertaken subject to conditions afire(A to
by this Board insuring the continued maintenance of the historical, architectural, or
cultural integrity and character of the property.
(3). This Development Order granting approval of a Certificate of
Appropriateness touches and concerns the aforedescribed property and is subject to
code enforcement action in accordance with the controlling provisions of law.
Done and Ordered on the date first written below.
As approved and authorized for execution by the Historic Preservation Board of
the City of Sanford at its meeting of April 20, 2022.
ATTEST -
Traci Houchin, MMC, F
0 .0
Mary Moskowitz, Chair
Date:
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[signatures on following page]
Nunc pro tunc to April 20, 2022
IN WITNESS WHEREOF, the subject Property Owner has signed and sealed
these presents the day and year written below✓ and AGREES to all of the terms and
conditions of this Development Order the undersigned named persons having full
authority to execute this document.
0 9*1 11
• 26-11711110
Nation Oak Av nue 11, LLC
M -a -r -k -K Nbtion, Sole Manger
8CKNOWLEDGMENT
The foregoing instrument was acknowledged before me by means of 64hysical
notarization, this day of May 2022 by Mark A. Nation He is
on IVy known tom or produced as identification.
BETIi H, WAKER 13 11 ;i v c
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E lKtZi: August 20,2023
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