Loading...
4701 Rezone 5.36 Acres - 1700 Lowe AvenueOrdinance No. 2022-4701 An ordinance of the City of Sanford, Florida providing for the rezoning of a parcel of real property totaling 5.36 acres in size located at 1700 Lowe Avenue and assigned Tax Parcel Identification Number 32-19-30-501-0000-0080, by the Seminole County Property Appraiser which property is located within the Sanford City Limits (map of the subject property is attached) from AG - Agricultural to PD — Planned Development; providing for findings and intent; providing for the taking of implementing administrative actions; providing for the adoption of a map by reference; 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 a parcel totaling approximately 5.36 acres of real property generally addressed as 1700 Lowe Avenue from AG - Agricultural to PD — Planned Development; and Whereas, Lowe Avenue, LLC, a Florida limited liability company (hereinafter referred to as the "Property Owner") is the owner of the property which is the subject of this Ordinance (Tax Parcel Identification Number 32-19-30-501-0000-0080 as assigned by the Seminole County Property Appraiser) (the "Subject Property"); and Whereas, Chad Moorhead, Madden, Moorhead and Stokes, is serving as the applicant for the requested rezoning of the Subject Property which is legally described as follows: LOT 8 LYING S OF SR 417 & W 1/2 OF VACD ST ADJ ON E PINE LAKE GROVES PB 9 PG 27, SEMINOLE COUNTY, FLORIDA ; and Whereas, the CAPP (Citizens Awareness and Participation Plan) process which conducted on February 23, 2022, and was accomplished to the satisfaction of the City; MR Whereas, the Subject Property is located within District 5 of the City and the Future Land Use Designation for the Subject Property is WIC — Westside Industry and Commerce; and Whereas, the City's Planning and Development Services Department 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 of Sanford Planning and Zoning Commission considered the rezoning application submitted by the Applicant at its May 5, 2022, meeting and unanimously recommended that the City Commission adopt an ordinance to rezone the Subject Property from AG - Agricultural to PD — Planned Development based on the request being consistent with the goals, objectives and policies of the City's Comprehensive Plan; and Whereas, no additional standards or conditions can be placed upon this type of rezone, so the rezone is submitted to determine whether or not the request is consistent with the underlying land use and the goals and objectives of the Comprehensive Plan; Whereas, the City planning and development staff have determined that the rezoning request is consistent with the underlying land use and the goals and objectives of the Comprehensive Plan and recommend approval of this Ordinance; and Whereas, the City Commission has determined that the proposed rezoning of the 2 1 P � _7 .. 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 rezoning action set forth herein in accordance with the requirements and procedures mandated by State law. Now, therefore, be it 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 Properties/implementing Actions; the PD. A. Upon enactment of this Ordinance, the Subject Property, as depicted in the map attached to this Ordinance (Tax Parcel Identification Number 32-19-30-501-0000-0080) shall be rezoned to PD — Planned Development. B. The City Manager, or designee, is hereby authorized to execute any documents necessary to formalize approval of the rezoning action taken herein 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. No additional standards or conditions can be placed upon this type of rezone, as the rezone is determined to be consistent with the underlying land use and the goals and objects of the Comprehensive Plan. D. Conditions of development relating to the Subject Property may be incorporated into the subsequent pertinent development orders and development permits and such development orders and development permits may be subject to public hearing requirements in accordance with the provisions of controlling law. Section 3. Incorporation of Map. The map attached to this Ordinance is hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance. 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 41 other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. Section 6. Non -Codification; Implementation. 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. Passed and adopted this 27th day of June 2022. Attest: t" City Commission of the City of ,Sanford, Florida Traci Houchin, MMC, FCRM `st. oa r'ufyr City Clerk or fir. t? 0 . Approved as to form and legal sufficiency. By: William L. Colbert, City Attorney 51 P :i ®I PROJECT INFORMATION -- 1700 LowE AVENUE PLANNED DEVELAPMENT REZONE Requested Action: Rezone of approximately 5.36 acres from AG, Agriculture (City of Sanford) to PD, Planned Development (City of Sanford) for the Lowe Avenue Townhomes at address 1700 Lowe Avenue Proposed Use: 42 Lot Townhome Subdivision Project Address: 1700 Lowe Avenue Current Zoning: AG, Agriculture Proposed Zoning: Lowe Avenue Townhomes PD, Planned Development Current Land Use: Vacant Residential Tax Parcel Number: 32-19-30-501-0000-0080 Site Area: 5.36 Acres Property Owners: Lowe Avenue LLC 604 S Lake Sybelia Drive Maitland, FL 32751 Applicant/Agent: Chad Moorhead 431 E Horatio Avenue, Suite 260 Maitland, FL 32751 Phone: 407-629-8330 CAPP Meeting: A CAPP meeting was held on February 23, 2022 Commission District: District 4 — Patty Mahany 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 (5.36) acres. Existing Land Use: Vacant Residential Surrounding Uses and Zoning: Zoning Use North State Road 417 Rights -Of -Way South AG, Agriculture Bentley Elementary School East PRO, Public Recreation Openspace Derby Park West PD, Planned Development Retention Pond pt� OZWL� <FNWW O �0WZO0wW0 > 0 Z ��.. 0YO<C0JW��Y M LLJ Of U)Q I- W WZ= iti Q W- {�Wm Ip-NwY UQ www =Ua- U) nL- 1-W%�Q�Q}'- i Z = o Q WNowQ�Wp- 0 OZW om wZ Wz 0 z tr crOQO�m_PnF Vz Q¢EZ�3JQZ QU00Q z Ww-w ONyL-' on¢�0F0¢ W0 WZ t-ZaWNp< 0m co0Q�Q0o 0m0 n�O Wo W(n J J�QWpZ"itt w >-orQOp p wwSWO� �Q U)0 „< QQQ (V IU NW0WZLJV�0W O�_jWC Q��0�vazooz ?O`D �30WwZQ Ww op�WWQ QUwx> w WW-ow �= aoWko¢F-QZZWV)OLwZ V)zOFmcM'0o¢U W F Q>z=U) 0=Izmp)�MOU�Z�o!UnnzJn Ww z Z WZZ = -WO -) 0 -ofa lipWdoQ=FW� �'O=PO W '-Z00 N Jmw wWn6-W wWZQ-0wovo) W'Wi_X< iWUm CrQ-j Op� 0N bW�w0 W � D�m mQj w Iff 0 Q'pQ 0a m �w _ �zU�rnZoz�<o0gyW OW V3V)fj 0WZQWOC W' oUQ m<cn_c QpZXW �DV�O 0 to p_OwQ Uom � QW�UWQWJ Q0UQ�U�joQO��pQoQF-W w5 JZW�jW=ZWOW NOZZ �dWZz¢WopXwxOQ VnRJoSP��QJvOm0wT'U Do---oV)W UDJ-�sO zzoOnom-ow3WW5:m-DjoOw=O w�O3. J mma=�OPZ;pwQ�O=WOoQ�nWW�FZL��-iW QN N W v)Zw UOO'z,w0ZFZ (!W m U Zm0co J QP � =ZFZdUJZ0W wzW X<Z) pWU� Q N=Q� �efrWF-j,o WOQf p� �UOWQ0w=WZJwo=WwOQWQ QQwQ -N'�- Fm aO�mQ WW �ozWZw/cn0i OfOMwl V) UOf =QQ FQ U= ZUWZUWWW>-I-Q mpW OpO�OE3CK �QZZS=U�ISOQ;Wmw3Q w O0m0nNZ O�Z�Q Q wW =w -�Z �Ownd 0 0 0 w W WMiM Q U10 C��iMnm?3 moD�o�mazO<L m�ooz¢�cn'QF- `- i N t7 d Zoning Sanford AG (Agriculture) MR-1 (Multiple -Family Residential) PRO (Parks, Recreation, and Open Space) PD (Planned Development) RI-1 (Restricted Industrial) SR-1AA (Single Family Dwelling Residential) Seminole County A-1 (Agriculture) SITE MILLWOOD S DRIVES W Site 1700 Lowe Avenue 32-19-30-501-0000-0080 g 7 417 AL ��i "• ? �3 14 ',� All n�'�`4J►� fg� �.�_✓'gROff�,�a�T 1 f x �.f > f4off, 'fit i 1•N. 7j� +!�/l. T.�•� � ire �_ i � t •� .. - y A �j�*r . AA a =�e -. — �� � SITE � w. p d 4f SOP it 4 Al 7•- :�` r .� :� - li.. may!J ,. •li► d '-�. J:. •� �_ �d Ot �► OREGON,AVENUE MUM M&Att _ 7 FAIR ♦ . id i.: . L .� $AND / fi{'�`. RETREAT V/ hV;6RCL'E �} t;, •' y a,� �; �'p�' 'ate STONwE RUN, i;jV�(i' r 'vr " 'CLC'�.-0 hS� 1'�✓7rrAr� c lY. J lii"L 1" > : µ� •i+, iCj t �' �, If4 1..,'� g p �• , ` j Y ,Y Ie►��iP a■■ s,.0 j,.'� �_♦ is g ■■g, i I �••S ,�kK ,,M�.. �,/A {y♦,l�f;• W J -Q. Jr �.l. �rjJaty Site � , ; - � 1700 Lowe Avenue 32-19-30-501-0000-0080 ;, .•,1d_�•,'�• izA yti� M' NWl''iWdWY��` • A197je�i .v�. _.�nt�1 }nY`i+ . "�,'i:' i� ,. `r;•. Ct1� �J''_� �� �,aFo�,��o • AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below: t. Ownershipp ED IiAMPDEN MANAGING MEMBER 1, LOWE AVENUt. LLC hereby attest to ownership of the property described below: Tax Parcel Number(s): 32-19-30-501-0000-0080 Address of Property: 1700 LOWE AVENUE, SANFORD. FL 32773 for which this REZONING / PSP / SIP / SDP 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, 1 attest that the application is made in good faith and that all information contained in the application is accurate and complete to the best of my personal knowledge. Applicant's Agent (Print): Chadwyck H. Moorhead, P.E. Signature. Agent Address: Madden, Moorhead & Stokes, LLC, 431 E. Horatio Ave., Ste, 260, Maitland FL 32751 Email: chad@madden-eng.com Phone:407-629-8330 Fax: nicole@madden-eng.com III. Notice to Owner A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require anew 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 (Limited Liability Company o 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: CITY OF SANFORD PLANNING & DEVELOPMENT SERVICES DEPARTMENT 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: LOWE AVENUE, 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 LOWE AVENUE, LLC 604 S. LAKE SYBELIA DRIVE 100% MAITLAND, FL 32751 (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. I 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 hprpin iZZ,/ZZ Date STATE OF FLORIDA) COUNTY OF SEMINOLE O yyL, Owner, Agen , Applica t Signature ED HAMPDEN, MANAGING MEMBER LOWE AVENUE, LLC I HEREBY CERTIFY Ili 1 o this Vay, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared ( PPOrWho is personally known to me or ( ) who produced as identification and acknowledged before me that s/he executed the same. Sworn and subscribed before me, by by means of (physical presence or ( ) online notarization on the Z�J day of -Gyj 202ethe said person did take a oath and was first duly sworn by me, on oath, said person, further, deposing and saying that slhe has Ad the foregoing and that the statements and allegations contained herein are true and correct. WITNESS my hand and official seal in the Count d State last afores 'd this l day of 2020. J Not ry Public; State of Florida 2�ta'Y a�a c NICOLE MARTIN (Affix Notarial Seal) * Commission#GG204196 Printed Name: rYo. Expires August5,2022 �February devi(of Ownership . 2020 Q FOF f�O Bonded riNWpot Wivi Sairkes .. MADDEN If §III CNJRHEAD &STOKES, LLC FebruaryCIVIL ENGINEERS Dear Neighbor: This letter is to inform you of a community meeting to discuss the future development of 5.35 Acres located at 1700 Lowe Ave., Sanford, FL 32771, identified as Parcel 32-19-30-501-0000-0080 per Seminole County Public Records. The meeting will be held at the Seminole County North Branch Library, 150 N. Palmetto Ave, Sanford, FL 32771 on Wednesday, February 23, 2022 at 6:00 p.m. The subject property is currently zoned Agriculture (AG) with a future land use designation of Westside Industry and Commerce (WIC). Our development application will request a rezoning to Planned Development, a future land use change to Low Density Residential, and propose 42 single family townhouses with retention ponds, and amenities to serve the development. If you have any questions and/or require additional information, please don't hesitate to contact me at: Mr. Chad Moorhead, PE President Madden, Moorhead & Stokes, LLC 431 E. Horatio Avenue, Suite 260 Maitland, FL 32751 407-629-8330 chad@madden-eng.com Thank you for your attention to this matter. Sincerely, &aW7 "14md Chad Moorhead, P.E. President H:\Data\21083\Cor\Community Meeting Info Letter.doc 431 E. Horatio Avenue 0 Suite 260 0 Maitland, FL 32751 ■ 407-629-8330 ■ FAX 407-629-8336 a W Q O 6 U W w el — lllml co C7 LO C7 C7 C7 N C7 SSG N T M V— ic !f C7 N N U) N (0 N n N 00 N N O (r) to cV Of U) O O t7 Om N w C� O F- U) dt O ZQ �i I� N 3 0 U) Z O w CL 0 w V 0 Q O m m J of W � J Q W w J Q <Z 0 Z O Z Lj W U) O � = U Z 0 0 0 U-�� w w w O m U) 0 J U) U) a w m U) V) w 00 m0 33 Q Q� w O J �' J i J O 0 Z m 0 m Q d a_ to AL MOORHEAD & STOKES, LLC i April 19, 2022 City of Sanford Attn: Darren Ebersole 200 North Park Avenue Sanford, FL 32771 RE: Lowe Ave. Townhomes — CAPP Summary PDR22-000003 Dear Darren: We sent out the attached notice on February 9, 2022 and subsequently held the CAPP meeting on February 23, 2022. We arrived and setup the meeting room at 5:45 pm and waited until 6:30 pm for attendees. No one had shown up by 6:30 so the meeting was closed. If you have any questions or need further information, please do not hesitate to call our office at 407-629-8330. Sincerely, AU&q, i12"w1wad, P.5. Chadwyck H. Moorhead, P.E. President CHM:nwm H:1Data\210831CoACAPP Summary.doc 431 E. Horatio Avenue 0 Suite 260 ■ Maitland, FL 32751 0 407-629-8330 ■ FAX 407-629-8336 Seminole County Public Schools School Impact Analysis School Capacity Determination (Non -Binding) To: Ed Hampden, Lowe Avenue, LLC * 407-644-9140 * edhampden(aDaol.com Nicole Martin, Madden, Moorhead & Stokes * 407-629-8330 * nicole ,madden-eng.com Eileen Hinson, City of Sanford * 407-688-5147 * Eileen. Hinson(CDsanfordfl.com Miten Patel, City of Sanford * 407-688-5149 * Miten.Patel(o-)sanfordfl.com From: Jordan Smith, AICP, PP, Facilities Planner, Seminole County Public Schools Date: April 26, 2022 RE: Lowe Avenue Townhouses (City of Sanford) Seminole County Public Schools (SCPS), in reviewing the above request, has determined that if approved, the new FLUM designation and/or zoning will have the effect of increasing residential density, as a result generate additional school age children. Description: Proposed Rezone from AG, Agriculture to PD, Planned Development of +/- 5.35 acres generally located ADJACENT TO 1700 Lowe Avenue (for Find My School reference) within the jurisdiction of the City of Sanford. The applicant is requesting the amendment to the zoning designation, to allow a maximum of 42 single- family attached residential units, to be developed within the proposed zoning designation. Parcel ID (s) #: 32-19-30-501-0000-0080 This review and evaluation is performed on proposed future land use changes, rezones and conditional uses, unplatted parcels, or projects that have not received final entitlement approval. This evaluation does not guarantee that the developments subject to this declaration are exempt from, or determined to meet the school concurrency requirements effective as of January 1, 2008. Changes in enrollment, capacity, any newly platted developments, and any subsequent final development approvals may affect the provision of concurrent school facilities at the point of final subdivision approval, including the potential of not meeting statutory concurrency requirements based on future conditions. Based on information received from the jurisdiction and the application for the request, SCPS staff has summarized the potential school enrollment impacts in the following tables: CSA Capacity DEVELOPMENT IMPACT ON STUDENT GENERATION BY CSA AFFECTED CSAs CSA E-9 CSA M-1 CSA H-1 CAPACITY 4,245 5,716 8,484 3-YEAR PROGRAM CAPACITY 308 - 150 ENROLLMENT 3,997 4,735 7,438 AVAILABLE CAPACITY 462 981 1,196 SCALD RESERVATIONS TO DATE 578 479 654 SIA - Lowe Avenue Townhouses 4 2 3 REMAINING CAPACITY ® 120 . 500 ; ' S39 Comments CSA Evaluation: At this point, the students generated at the three CSA levels would be able to be accommodated without exceeding the adopted levels of service (LOS) for each CSA by school type, or there is adjacent capacity to meet LOS as allowed by interlocal agreement. Any planned expansions/additions in the current five-year capital plan would provide additional student capacity to relieve the affected schools is reflected in this review. https.//scrninolcschools sliarcpoint.com/sitesT-aciliticsPlanning/Sliarcd Documcnts/Nm DircctoricsA'Innning/Dcvclopmcrtt tracking/o SIAs/SIA 2022/22.09_SIA Lowe Avenue Torsnhouscs/Noticc - Lowe Avenue Townhouses drxs Zoned School Enrollment: For informational purposes, the below table indicates the analysis based on the individual school zones within the CSA under current conditions. At this point, the potential students generated MAY NOT be able to be accommodated without exceeding the adopted Levels of Service (LOS) for the currently middle zoned schools. Any planned expansions/additions that would provide additional student capacity contained in the current five- year capital plan and scheduled to be completed ZONED SCHOOL ELEMENTARY SCHOOLS 'Bentley within the next three years are Included In mis Region 2 Bentley 50% Crystal Lake Wicklow Region 2 review. Region 1 CSA E-9 CAPACITY 949 475 835 679 1,989 2.256 4,245 3-YEAR PROGRAM CAPACITY 308 - 308 308 308 ENROLLMENT 961 481 677 679 1,837 2.160 3,997 AVAILABLE CAPACITY 296 (6) 158 1521 310 462 SCALD RESERVATIONS TO DATE 193 52 526 578 SIA - Lowe Avenue Townhouses 4 - 7 4 RFMAININr. rAGAriTV 99 1 1 Ic 1o0 o (216) o (120) *Bentley Elementary Preference Zone (Perference Zone = Region Assignment Priority/Not Assignment Guarrantee) Region 1 Elementary Schools Include Bentley, Idyllwilde or Wilson Region 2 Elementary School Include Bentley, Crystal lake or Wicklow ZONEDSCHOOI MIDDLE SCHOOLS Sanford Greenwood Lakes Markham Woods Millennium CSA M-1 CAPACITY 1,447 1,266 1,260 1,743 5,716 3-YEAR PROGRAM CAPACITY - ENROLLMENT 1,321 1,003 1,041 1.370 4,736 AVAILABLE CAPACITY 126 263 219 373 981 SCALD RESERVATIONS TO DATE 151 4 151 173 479 SIA - Lowe Avenue Townhouses 2 1 - I2 REMAINING CAPACITY © (27) C 259 68 200 JC 500 ZONED SCHOOL HIGH SCHOOLS Seminole Lake Mary Crooms CSA H-1 CAPACITY 4,868 2.805 811 8,484 3-YEAR PROGRAM CAPACITY 150 150 ENROLLMENT 4,114 2,631 693 7,438 AVAILABLE CAPACITY 754 174 268 1,196 SCALD RESERVATIONS TO DATE 646 8 - SIA - Lowe Avenue Townhouses 3 713 REMAINING CAPACITY C? 105 lo 166 ( 539 Terms and Definitions: Capacity: The amount of satisfactory permanent student stations as calculated on the date of the second FDOE count in October of the current school year. The number of students that can be satisfactorily accommodated in a room at any given time and which, is typically a lesser percentage of the total number of student stations. NOTE: Capacity is ONLY a measure of student stations, not of enrollment. Concurrency Service Area (CSA): A geographic unit promulgated by the School Board and adopted by local governments within which the level of service is measured when an application for residential development is reviewed for school concurrency purposes. The CSA listed represents the area that the capacity is considered and student assignment may be in a CSA adjacent to the project. Enrollment: For the purposes of concurrency review, the enrollment level is established each year as per Public School Interlocal Agreement Section 12.4 A, which sets the level on the date of the second full time equivalent (FTE) survey for FDOE, generally taken in mid -October. Programmed 3 Year Additions: New permanent school capacity within the CSA, which will be in place or under actual construction within the first three years of the current SCPS Capital Improvement Plan. Remaining Capacity: The capacity available for future development after the addition of any programmed capacity and less the reserved capacity. Mips•//seminoleschools.shareiwint.com/site A°acilitiesPlanninE/Shared Docuntents/New Directories/Planning/Development tracking/0 SIAslSIA 202222.09 SIA Lowe Avenuc Townhouses/Notice - Lowe Avenue Townhouscs.doca Reserved Capacity: The total number of student stations reserved in the respective CSA's that are assigned to projects via a SCALD certificate. School Size: For planning purposes, each public school district must determine the maximum size of future elementary, middle and high schools. Existing school size is determined solely through FISH data. Seminole County Public Schools has established the sizes of future schools (with the exception of special centers and magnet schools) as follows: i) Elementary: 780 student stations ii) Middle: 1500 student stations iii) High: 2,800 student stations School Attendance Zone: The established geographic area that identifies school assignments pursuant to Board Policy for each District school or region of schools, other than county wide magnet schools. Students shall attend the school(s) serving their residential or regional attendance zone unless otherwise permitted by Board Policy Students Generated by Project: is determined by applying the current SCPS student generation rate (calculated in the 2017 Impact Fee Study) to the number and type of units proposed. The number of units is determined using information provided by the jurisdiction and/or from the applicant's request. If no actual unit count is provided the unit count is then estimated based on the maximum allowable density under the existing/proposed future land use designation. Eventual Student assignment may not be to the school in closest proximity to the proposed residential development. Utilization: A State Board Rule prescribed percentage of student stations that a room (and proportionately, a school and school district) can satisfactorily accommodate at any given time. From a school/campus analysis perspective, "utilization" is determined as the percentage of school enrollment to capacity. Current DOE established K-12 utilization factors are as follows: Elementary 95%, Middle 90%, High 95% hups//scminolesehools sharepoint com/sitcs/FaciliticsplanningiShatcd DocumentsMcw Ditcctories/PlanninWcvclopmcnt tracking/0 SIAstSIA 2022/ 2.07_SIA Lem Avenue Townhouses/Notiec • Lowe Avenue Townhouscsdocs sfo)?b W S _ RM X Item No. 9 •�, CITY COMMISSION MEMORANDUM 22.168 JUNE 27, 2022 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Eileen Hinson, AICP - Director of Planning SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager SUBJECT: Rezone of approximately 5.36 acres from AG, Agriculture to PD, Planned Development for the Lowe Avenue Townhomes at address 1700 Lowe Avenue. STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture Update Regulatory Framework Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: A Rezone request to change approximately 5.36 acres from AG, Agriculture to PD, Planned Development for the Lowe Avenue Townhomes at address 1700 Lowe Avenue has been received. FISCALISTAFFING STATEMENT: According to the Property Appraiser's records, the property is vacant, with the assessed tax value and total tax bill for 2021 shown below: Parcel Number Assessed Value (2021) Tax Bill (2021) Property Status 32-19-30-501-0000-0080 $159,982 $3178 Vacant Residential If the rezoning is approved and the site is subsequently developed, the property will be assessed the City's millage rate for the proposed use. No additional staffing is anticipated if the amendment is approved. BACKGROUND: The property is 5.36 acres in size and is located at the northern terminus of Lowe Avenue approximately 512 feet north of its intersection with Oregon Avenue. The property owner is Lowe Avenue, LLC. The applicant is Chad Moorhead of Madden, Moorhead, and Stokes, who was responsible for completing the Citizens Awareness and Participation Plan (CAPP) requirements of the City's LDRs. The Affidavit of Ownership and Designation of Agent forms are attached and other information is available in order to ensure that all potential conflicts of interests are capable of being discerned. A Citizens Awareness and Participation Plan (CAPP) meeting was held on Wednesday, Feb 23, 2022, from 5:45 to 6:30 PM. A total of eight invitations were mailed out including all the owners of properties within 500 feet of the subject parcel. A CAPP summary is attached to this report. In 2006 the City Commission adopted Ordinance No. 3962 annexing the property into the City's jurisdiction. At the time of annexation the land use and zoning were amended from HIP-TI, High Intensity Planned Development Target Industry and A-1, Agriculture (Seminole County) to WIC, Westside Industry and Commerce and AG Agriculture, respectively. The property is located within the State Road 46/Rinehart Road Overlay zoning district associated with the downtown and riverfront; however, it is not located within any planning Sub Areas of the 2015 City of Sanford/Seminole County Joint Planning Agreement. The applicant has submitted a request to rezone the property from AG, Agriculture to a City of Sanford PD, Planned Development to establish a single-family attached (townhome), residential development. This is intended to be a single phase development consisting of eight townhome buildings, totaling 42 units. The applicant is seeking several deviations from the land development regulations. The requested deviations are as follows: # Design Standard Required Provided Difference Staff Support 1 North Buffer 25 Feet 10 Feet 21 % YES 2 West Buffer 25 Feet 10 Feet 21% YES 3 Front Yard Setback 25 Feet 22 Feet 12% YES 4 Minimum Road 50 Feet 40 Feet 20% o YES Width 5 Open Space 50 % 30% 20% YES 6 Visual Screen A minimum four (4) 6' high Venal foot masonry wall shall Chain -Link be constructed along all Fence property lines that are NO not required to have a visual screen In addition, the Lowe Avenue Townhomes project is proposed to deviate from the following standards in Schedule E, LDRs, Section 18.0, Townhouse Standards. The applicant has provided justifications on the Master Plan describing the deviations requested. Those deviations from the development standards are also noted on the Site Plan and include but are not limited to the following: # Design Standard Required Provided Difference 1 Project Entries. The entry shall be gated. No Gate Staff Support YES 2 Distance Between 25 Feet 20 Feet 20% YES Townhouse Groups Decrease Front facades to be Three (3) staggered a minimum of o 3 Building and Site four (4) feet with not more foot stagger 25/o YES Design than two adjoining units at between Decrease the same setback. units Staff generally supports the requested deviation with the exception of substitution of a chain -link fence in lieu of a four (4) foot masonry wall abutting Bentley Elementary School to the south. Staff has determined a decorative vinyl privacy fence to be the minimum buffer treatment to provide appropriate separation between uses. Future Land Use Objective FLU 1.1: Implement the Future Land Use Map Series. The maximum density and Floor Area Ratio for the WIC, Westside Industry and Commerce future land use is as follows: Land Use Designations Map Symbol Density/Intensity Max) 10 dulacre Residential with a 10% threshold. Westside Industry & 20 du/acre Residential with a 40% threshold Commerce WIC 0.50 FAR for Commercial with a 15% 150% threshold 0.50 FAR for Industrial with a 30% / 75% threshold 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 WIC land uses shall include commerce, industry, and high density residential development. Policy FLU 1.12.1 Establish parameters for development within the WIC. The WIC designation permits both a vertical and horizontal land use mix of commercial, office, residential, and the maximum intensity for commercial, office, and industrial development as a floor area ratio is 0.50. The residential density shall be a minimum of 10 dwelling units per acre and a maximum of 20 dwelling units per acre, where compatible with adjacent uses. Policy FLU 1.12.1 Establishes parameters for development within the WIC. All new development within the I-4 High Intensity Area must conform to the following performance criteria established under Policy FLU 1.1.7, as well as those criteria listed below: • Requirements and procedures for obtaining a WIC mixed use Future Land Use Map designation and appropriate zoning; • Standards for controlled access and internal circulation, including cross access easements and joint use of driveways; • Development standards for Gateway Corridor Development Districts, including requirements for buffer yards, landscaping, and screening, off-street parking, and signage; and Planning and management criteria regulating the land use mix, intensity, and qualitative standards for assuring land use compatibility and consistency with the Comprehensive Plan. Staff finds that the requested rezone to establish the Lowe Avenue Townhomes PD is consistent with the Goals, Objectives and Policies of the City of Sanford Comprehensive Plan. 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 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 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 terin "development order" is defined as follows and, as can be seen, refers to the "granting, denying, or granting with conditions [of] an application": "(15) `Development order' means any order granting, denying, or granting with conditions an application for a development permit." (Section 163.3164(15), Florida Statutes). 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. 4700 on June 13, 2022. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on June 22, 2022. RECOMMENDATION: On May 5 2022, the Planning and Zoning Commission unanimously recommended (7-0) that the City Commission adopt an ordinance approving the request to rezone 5.35 acres from AG, Agriculture to PD, Planned Development and to modify design standards for the Lowe Avenue Townhomes, a proposed 42 unit single-family attached townhome development at project address 1700 Lowe Avenue based on consistency with the goals, objectives and policies of the City's Comprehensive Plan. The following conditions should be considered to accompany any approval in the ordinance and its associated development order as well as staff, s recommendations in the table above: 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 development shall be consistent with the Lowe Avenue Townhomes PD Master Plan, revision dated September 20, 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 referenced PD Master Plan, any required elements missing from or not shown on the PD Master Plan shall comply with all applicable provisions of the LDRs. 4. Stormwater ponds shall be designed in accordance with Schedule D Section 3.0 F. 5. A six (6) foot decorative vinyl privacy fence shall be installed at the rear of each of the townhome buildings, enclosing the rear yards and connecting to the end of each end unit. 6. 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, and any certificates of occupancy. 7. The Owner shall install a minimum of 5-foot wide sidewalks on both sides of the streets internal to the subdivision. 8. The Owner shall install a minimum of 5-foot wide sidewalks on the West Sides of Lowe Avenue connecting to Bentley Elementary with a cross walk to Derby Park. 9. 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. 10. 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. 11. A privacy Hedge to be installed and achieve a minimum of six (6) feet in height after one (1) year of planting. SUGGESTED MOTION: "I move to adopt Ordinance No. 4701. Attachments: (0. Project Information Sheet. (2) PD Master Plan (3). Site Zoning Map (4). Site Aerial Map (5) Affidavit of Ownership (6). Citizen Awareness and Participation Plan Report (7.) Ordinance No. 4701