4710(a) Amend the PD Rezone - 21.16 Acres - 4201 West 1st StreetOrdinance No. 2022-4710
An ordinance of the City of Sanford, Florida Amending a Planned
Development (PD) zoning of approximately 21.17 acres to modify land
use design standards for a portion of the Tuscany Village PD;
providing for a new Tuscany Village PD; providing for a proposed
420 -unit multiple family residential development including two
commercial outparcels with a project addressed and located at 4201
West 1St Street and assigned Tax Parcel Identification Numbers
28-19-30-506-0000-003A (Parcel 1), 28-19-30-506-0000-003J (Parcel 2),
28-19-30-506-0000-004A (Parcel 3), 28-19-30-506-0000-0046 (Parcel 4),
28-19-30-506-0000-0031 (Parcel 5), 28-19-30-506-0000-0050 (Parcel 6),
28-19-30-506-0000-005A (Parcel 7), 28-19-30-506-0000-0060 (Parcel 8),
28-19-30-506-0000-006A (Parcel 9), 28-19-30-506-0000-0070 (Parcel 10)
by the Seminole County Property Appraiser which parcels are located
within the City Limits; 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 approval of the Amended Tuscany Village
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 amend the Planned
Development (PD) zoning of approximately 21.17 acres of real property generally
addressed as 4201 West 1St Street as a part of a Planned Development (PD) zoning
classification/district being named the Amended Tuscany Village PD; and
Whereas, the owners of the property that are subject to this Ordinance (including
tax identification numbers as assigned by the Seminole County Property Appraiser are as
follows:
Parcel 1 - Splash & Dash Inc. (28-19-30-506-0000-003A);
Parcel 2 - Splash & Dash, Inc. (28-19-30-506-0000-003J);
Parcel 3 - Carter L. & Suzanne M. Rucker (28-19-30-506-0000-004A):
Parcel 4 - Splash & Dash, Inc. (28-19-30-506-0000-0048);
Parcel 5 - Carter Rucker (28-19-30-506-0000-0031);
Parcel 6 - MMM Investments LLC (28-19-30-506-0000-0050);
Parcel 7 - MMM Investments LLC (28-19-30-506-0000-005A):
Parcel 8 - MMM Investments LLC (28-19-30-506-0000-0060):
Parcel 9 - MMM Investments LLC (28-19-30-506-0000-006):
Parcel 10 - MMM Investments LLC (28-19-30-506-0000-0070)
and
Whereas, the subject real property (a site 21.17 acres in size) is located on the
south side of State Road 46 and west of Upsala Road and north of St. Johns Parkway
and east of Rinehart Road, and is generally addressed as 4201 W. 1St Street, Sanford,
Florida; and
Whereas, Brookes Stickler, P.E., of Kimley-Horn, is serving as the Applicant and
representative of the Property Owners; and
Whereas, on April 10, 2006, the Sanford City Commission Adopted Ordinance
No. 3980, rezoning 9.55 acres at the corner of Elder Road and State Road 46 from AG,
Agriculture and establishing the Elder Plaza PD, Planned Development; and
Whereas, on January 11, 2010, the Sanford City Commission Adopted Ordinance
No. 4200, rezoning 4.97 acres located at 4201 West First Street from AG, Agriculture and
establishing the Tuscany Village PD; and
Whereas, on August 9, 2010, the Sanford City Commission Adopted Ordinance
No. 4215, rezoning the 14.52 acres located at 4201 West First Street replacing the
previous PD Master Plans and unifying the project standards under the new Tuscany
Village PD and
Whereas, on May 9, 2011, the Sanford City Commission Adopted Ordinance No.
4237, rezoning the 14.52 acres located at 4201 West First Street modifying the
development standards with a revised Master Plan Tuscany Village PD; and
Whereas, on July 26, 2022, the Seminole County Board of County
Commissioners Voted to approve the 0.48 acres of Elder Road; and
Whereas, the now expired Tuscany Village PD was originally approved and
consisted of the following: 4,500 square feet of financial institution; 6,000 square feet of
restaurant; 23,250 square feet of retail; and 6,500 square feet of office.
Whereas, the Tuscany Village PD project is being modified by adding 7.07 acres
and amending the overall PD to establish a mixed-use and multifamily development on
ten parcels totaling approximately 21.17 acres. The current request seeks to modify the
land uses and design standards for the Tuscany Village (commercial) PD, by adding
additional parcels and establishing the Tuscany Village (mixed-use, multifamily) PD, a
proposed 420 -unit multiple family residential development with two commercial
outparcels fronting State Road 46. The proposed amended PD seeks to reduce the
commercial development from 14.52 acres to 2.24 acres; and
Whereas, the Applicant is proposing seven (7) multifamily residential buildings;
each building is proposed at four (4) stories, with a maximum building height of 70 feet; in
addition to the apartment buildings, the Applicant is providing a clubhouse, approximately
9,300 square feet in size. The clubhouse will contain a fitness center, kitchen, large dining
room, business incubator space, meeting rooms, and indoor/outdoor entertaining space.
As part of the PD amendment application, the Applicant provided elevations; and
Whereas, the Tuscany Village (multi -family) project is proposed to deviate from
standards in Schedule E, LDRs, Section 16.0, Multiple Family Housing Design
Guidelines. The Applicant has provided a memorandum describing the project and the
deviations requested. Those deviations from the development standards are noted on
the Site Plan; and
Whereas, the commercial component of the amended PD, consists of two
outparcels -one containing 1.04 acres on the west side of the development at the corner
of Sewell Road and State Road 46, the other containing 1.20 acres at the northwest
corner of Elder Road and SR 46. The applicant is proposing to permit all GC -2, General
Commercial Uses including all Conditional Uses with the exception of the uses listed as
prohibited. The prohibited uses are as follows: vehicle services, industrial uses, adult
entertainment establishments, pawn shops, alcohol establishments, gambling parlors,
marijuana dispensing/pharmacy, beauty salon/ barber shop, and self -storage facilities;
and
Whereas, the residential component of the amended PD accounts for the majority
of the entitlements of the total acreage under the WIC including the commercial out
parcels in order to arrive at their total unit count of 420 units. At a maximum Floor Area
Ratio (FAR) of 50 -percent the currently proposed amended PD has a balance of 0.17
acres or 3,702 square feet of commercial space remaining to allocate over the two
commercial out parcels. In the event that more commercial acreage is added to the
project site in the future, the 3,702 square feet may be increased; and
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Whereas, Staff has considered the request for permitted use and prohibited use
and found them inconsistent with other recent approvals along the SR 46 corridor. The
Permitted Uses on the commercial outparcels shall be in accordance with uses as
defined in Schedule B - Permitted Uses, Sanford LDR for the GC -2 General Commercial
zoning district, including the requirement for any additional public hearings or approvals.
Further the following additional uses shall be prohibited: Vehicular uses, indoor storage
and outdoor storage, manufacturing, outdoor animal boarding, auction sales,
Laundromats, Marijuana Dispensary/Pharmacy and any other uses as restricted by City
Code; and
Whereas, the Applicant has provided a justification statement for the companion
FLU Amendment. Staff has outlined specific Goals, Objectives and Policies (GOP's) that
are most applicable to the proposed amendment:
Objective FLU 1.1: Implement the Future Land Use Map Series. The
City shall adopt and implement the Future Use Map (FLUM) series in the Future
Land Use Element goals of the Comprehensive Plan. The maximum density and
Floor Area Ration for the WIC, Westside Industry and Commerce future land use
is as follows:
LAND USE
DESIGNATIONS
MAP
SYMBOL
DENSITY/INTENSITY (MINIMAX)`
PERCENTAGE DISTRIBUTION (MIN/MA)g
COMMERCIAL
INDUSTRIAL
RESIDENTIAL
Westside Industry
& Commerce
WIC
0.50 FAR
0.50 FAR
10 / 20 du/acre
10%140%
15%150%
30%175%
The proposed Tuscany Village (mixed-use) PD consists of seven (7) four-story
apartment buildings at a density of 20 units per acre over twenty-one 21 acres of
the project site. This leaves 0.17 acres of developable area on the commercial
out -parcels. Based on the maximum development potential, this would leave
approximately 3,702 square feet of retail commercial, and professional office
uses to be distributed over the two commercial out -parcels. In the event that
more commercial acreage is added to the project site in the future, the 3,702
square feet may be increased.
OBJECTIVE FLU 1.12: The "Westside Industry and Commerce" (WIC)
area is a mixed use designation intended to promote the development of
employment centers in the vicinity of the West SR 46 corridor and the commuter
rail station. The corridor's proximity to 1-4, as well as SR 417 and the SunRail
commuter line, provides access to regional markets and a substantial labor force.
The CSX Main Rail Line also provides a transportation amenity of regional
significance.
The proposed amendment is consistent with Objective FLU 1.12 as it will
facilitate the development of a high-density residential project with compatible
commercial uses fronting on State Road 46.
Objective FLU 1.15 Prevent Proliferation of Urban Sprawl and Develop
Efficient Systems for Coordinating the Timing and Staging of Public and
Private Development. The City shall continue to enforce adopted LDRs which
require that proposed land uses be adequately served by management, solid
waste disposal and hazardous waste management. The subdivision and site plan
review processes shall provide a unified system for coordinating the efficient
location, timing, phasing, and scale of public and private development. For
example, in order to abate urban sprawl and maximize use of existing
infrastructure all new development shall be required to hook up to the existing
central water and wastewater system.
The development of the subject property will be subject to the City's Concurrency
Management System and Land Development Regulations. The development
provides high density mixed-use infill development.
The following planning matters relate to the amendment being proposed:
Policy FLU 1.12.1: Establish performance criteria for development
within the WIC. The following criteria shall be adhered to for all development
within the WIC District. The WIC designation shall be limited to that area of
Sanford generally bound by the CSX railroad to the north and SR 417 to the south.
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. Distribution of specific
densities and intensities for this district shall be in accordance with Table FLU -2.
New development shall be required to address infrastructure needs,
provision of services, development phasing, development intensity, and land use
compatibility as part of an integrated design scheme which includes very detailed
strategies and techniques for resolving development impacts. PD proposals in the
WIC area may be the subject of negotiated development agreements. No
development order shall be granted prior to approval by the City of the
development agreement. Development within the WIC area existing prior to the
adoption of this Plan will be "grandfathered."
All new development in the Westside Industry and Commerce Area shall
comply with the performance criteria outlined in Policy FLU 1.1.7, as well as the
following:
• 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.
Objective FLU 1.15 Prevent Proliferation of Urban Sprawl and Develop
Efficient Systems for Coordinating the Timing and Staging of Public and
Private Development. The City shall continue to enforce adopted LDRs which
require that proposed land uses be adequately served by management, solid
waste disposal and hazardous waste management. The site plan review
processes shall provide a unified system for coordinating the efficient location,
timing, phasing, and scale of public and private development. For example, in
order to abate urban sprawl and maximize use of existing infrastructure all new
development shall be required to hook up to the existing central water and
wastewater system.
Per the State's Policy Act (Chapter 163 F.S.), any plan amendment shall
discourage the proliferation of urban sprawl. In order to determine that a plan
amendment does not constitute urban sprawl, the amendment must be analyzed
as to whether it incorporates a development pattern or urban form that achieves
four or more of the following criteria:
1. Directs growth and development to areas of the community in a
manner that does not adversely impact natural resources,
2. Promotes the efficient and cost-effective provision or extension of
public infrastructure and services;
3. Promotes walkable and connected communities and provides for
compact development and a mix of uses at densities and intensities
that support a range of housing choices and a multimodal
transportation system;
4. Promotes conservation of water and energy,
5. Preserves agricultural areas and activities,
6. Preserves open space and natural lands and provides for public open
space and recreation needs;
7. Creates a balance of land uses based on demands of residential
population for the nonresidential needs of an area; and,
8. Provides uses, densities and intensities of use and urban form that
would remediate an existing or planned sprawl development pattern
or provides for an innovative development pattern such as transit
oriented development or new towns.
The proposed amendment has been analyzed and found to promote the following
criteria: 1, 2, 3, 7, and 8.
• Criteria 1— The subject site is not located within a well field protection zone
or acquirer recharge area. There are no known wetlands or environmentally
sensitive conditions associated with this site.
• Criteria 2 — The proposed development will be a high-density multi -family
development which maximizes the efficiency of the land. Further, the
proposed development will have private roads which will connect to State
Road 46 which eliminates the need for public roads to be improved and
extend to the development.
• Criteria 3 — The proposed development is infill and providing sidewalks to
connect the residential and commercial portions of the project with the
surrounding development facilitating multimodal connections and
supporting additional housing choices.
• Criteria 7 — The proposed development is adjacent to multi -family and
townhome developments, along with the proximity to the lynx bus stops
which connect to the SunRail Station, thus achieving the goal of providing
diverse housing options while promoting the use of multimodal
transportation.
• Criteria 8 — The proposed mixed use multi -family development provides
density and intensities of use and urban form that would remediate an
existing or planned sprawl development pattern or provides for an
innovative development pattern such as transit oriented development uses
that would be compatible with the surrounding residential and
non-residential uses.
Whereas, a CAPP (Citizens Awareness and Participation Plan) meeting was held
on January 26, 2022, and was found satisfactory to the City; and
Whereas, the City's Planning and Development Services Department has
conducted a thorough review and analysis of the demands upon public facilities and
recommended that the subject rezoning application be approved having determined that
the proposal is technically sufficient and consistent with the goals, objectives and policies
of the Comprehensive Plan of the City of Sanford, the City's Land Development
Regulations (LDRs), and the controlling provisions of State law; and
Whereas, the City planning and development staff recommended approval of
this Ordinance subject to normative development detailed development requirements
and conditions some of which, if not later resolved, shall be subject to resolution by the
Planning and Zoning Commission; and
Whereas, the City Commission has determined that the proposed Amended
Tuscany Village PD 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 Tuscany Village 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 PD 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 Owners have 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. Amended PD rezoning; implementing actions; the Tuscany
Village PD.
(a), Upon enactment of this Ordinance the subject property, as depicted in the
map attached to this Ordinance (Tax Parcel Identification Numbers Tax Parcel
Identification Numbers 28-19-30-506-0000-003A (Parcel 1), 28-19-30-506-0000-003J
(Parcel 2), 28-19-30-506-0000-004A (Parcel 3), 28-19-30-506-0000-0048 (Parcel 4),
28-19-30-506-0000-0031
(Parcel
5), 28-19-30-506-0000-0050
(Parcel
6),
28-19-30-506-0000-005A
(Parcel
7), 28-19-30-506-0000-0060
(Parcel
8),
28-19-30-506-0000-006A
(Parcel 9),
28-19-30-506-0000-0070 (Parcel
10) shall
be
rezoned to the Amended Tuscany Village 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 Tuscany Village 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 Land Development Regulations
(LDR) of the City of Sanford, this rezoning shall expire 3 years from the
effective date of this Ordinance if all required infrastructure
improvements have not been completed or an extension granted.
2. Unless specifically requested and approved on the PD Master Plan,
any required elements missing from or not shown on the PD Master
Plan or associated PD documents shall comply with and default to the
regulations in the City's LDR.
3. The property shall be developed generally in accordance with the
future land uses and development standards identified on the
Tuscany Village PD Master Plan dated July 22, 2022, 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 including the following:
a. The Permitted Uses on the commercial outparcels shall be in
accordance with uses as defined in Schedule B - Permitted Uses,
Sanford LDR for the GC -2 General Commercial zoning district,
including the requirement for any additional public hearings or
approvals. Further the following additional uses shall be
prohibited: Vehicular uses, indoor storage and outdoor storage,
manufacturing, outdoor animal boarding, auction sales,
12
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laundromats, Marijuana Dispensary/Pharmacy and any other
uses as restricted by City Code.
b. Recreational space programing including landscaping and
hardscaping shall be consistent with the schematic plans and
total acreage as provided by the applicant with the exception that
reprogramming space to allow for more family children oriented
activates and amenities shall be allowed.
c. Based on the total acreage of the site and the proposed
development program of 420 units, the remaining commercial
development shall be limited to no more than 3,702 square feet of
compatible commercial uses without increasing the acreage of
the project so as not to exceed the maximum of either 20 dwelling
unit per acre or .50 FAR as accorded by the WIC land use.
4. A Development Plan prepared and sealed by a licensed Florida
professional engineer meeting the requirements of the City's Land
Development Regulations must be submitted and approved prior to
any construction on site.
5. All requirements relating to tree mitigation as established in the City's
LDR shall be met prior to development of the site.
6. 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.
7. A comprehensive signage program meeting the standards of the Land
Development Regulations shall be required for the entire development
including, but not limited to, the commercial and multiple family
residential uses.
8. The property owner shall coordinate with LYNX to determine the
possible addition of a bus stop shelter and/or the extension of bus or
transit services to the site; provided, however, that this condition shall
not delay the issuance of a certificate of occupancy.
9. The applicant shall provide sixteen (16) Electric Vehicle EV charging
stations and all garages shall be provided conduit for future EV
charging stations.
10. Unless specifically requested and approved on the Tuscany Village
PD Master Plan, associated deviation waiver request, approved or the
associated PD Development Order, all development shall comply with:
a. The Multiple Family Housing Design Guidelines within Schedule
E, Section 16.0 of the City's LDR.
b. Tree mitigation per Section 4.2 Criteria For Tree Removal,
Replacement And Relocation
c. Light source setback for site lighting shall be no less than 75
percent the width of the buffers identified on the PD Master Plan.
d. Renderings of the Architectural Elevations for the carports and
garages shall be provided at the time of Development Plan
application.
11. 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.
Section 3. Incorporation of the Amended Tuscany Village PD Master Plan
for the Amended Tuscany Village PD.
The PD Master Plan for Tuscany Village attached to this Ordinance is hereby
ratified and affirmed and incorporated into this Ordinance as a substantive part of this
Ordinance establishing the Amended Tuscany Village PD.
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.
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(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 Owners against the City nor contractual obligations of the City to the
Property Owners and, to that end, the Property Owners shall have no contractual rights
or remedies against the City with regard to any land use action of the City.
(d). The City has not waived any rights or remedies by taken the action set forth
herein or in the implementing development agreement and any successive development
orders and reserves any and all rights and remedies available to the City under controlling
law including, but not limited to, the protections under the laws pertaining to sovereign
immunity.
Section 7. Effective Date.
This Ordinance shall take effect upon enactment.
Passed and adopted this 26th day of September, 2022.
1511'a`^`_
Sanford, Flori
Traci Houchin, MMC, FCRM
City Clerk
form and legal s
William L. Colbert, City Attorney
City of
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ATTACHMENT 1.
PID Master Plan for Tuscany Village
17 1 P age