Ordinance No. 2024-4811 An ordinance of the City of Sanford, Florida providing for the rezoning of a parcel of real property totaling approximately 10.00 acres or 443,005 square feet in size located at 100 Crosswood Loop and assigned Tax Parcel Identification Numbers 164930.5AC-OOOABTA, 164930-5AC-000.87C, 1619305AC-000.096A, 164930.5AC.0000950, and 16-19-30-5AC-0000-096E by the Seminole County Property Appraiser to re-establish the Seminole Business Center II Planned Development (PD) zoning district and the associated PD master plan as previously approved (map of the PD property is attached); 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 the correction of scrivener's errors and providing for an effective date and potential reversion. Whereas, an application has been submitted proposing to rezone real property generally addressed as 100 Crosswood Loop to re-establish the Planned Development (PD) Master Plan as previously approved to the City's PD zoning districtclassification to establish specified uses on the PD Property; and Whereas, the fee simple title owners of the real property that is the subject of this Ordinance is Belle Limited Liability Company, now named Crossroads Business Center, LLC, whose manager is Robert J. Maksimowicz as to 1 parcel and Robert J. Maksimowicz as to 4 parcels (the "Property Owners"); and Whereas, the applicant on behalf of the Property Owners is Clifford Alejos, P. E., of Burkett Engineering located in Orlando; and Whereas, the subject real property is assigned the following Tax Parcel Identification Numbers 16-19-30-5AC-0000-087A,16-19-30-5AC-0000-087C, 161930.5AC-0O0AO96A 16-19-30-5AC-0000-0960 and 16-19-30-5AC-0000-096E, as assigned by the Seminole County Property Appraiser; and 1/Page Whereas, the subject real property is a site 10.00 acres or 443,005 square feet in size and is addressed as 100 Crosswood Loop which real property is located on the north side of West 1st Street (Sate Road 46) approximately 870 feet east of its ntersection with Monroe Road; and Whereas, a Citizens Awareness and Participation Plan (CAPP) meeting was held on July 9, 2024 by Mr. Alejos and the CAPP report has been found to be satisfactory to the City; and Whereas, on September 10, 2018 the Sanford City Commission enacted Ordinance Number 4475 rezoning the subject properties to PD with the associated Seminole Business Center II PD Master Plan being approved; and Whereas, the PD site has remained undeveloped with more than the maximum of 3 years allowed under the provisions of Section 4.3.G of the City's Land Development Regulations (LDRs) and, thus, the PD has expired and the Applicant is requesting to re-establish the previously approved Seminole Business Center II PD Master Plan; 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 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 October 3, 2024, meeting and 2]Page e unanimously recommended that the City Commission adopt an ordinance to re-establish the previously approved Seminole Business Center II PD Master Plan to re-establish specified uses on the PD Property based on the request being consistent with the goals, objectives and policies of the City's Comprehensive Plan; and 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 City's Comprehensive Plan and recommend approval of this Ordinance; and Whereas, the City Commission has determined that the proposed rezoning of the PD 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 s 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 re-establishment of the Seminole Business Center II PD 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 3/Pag e 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 PD Properlylmplementing Actions; Re-Establishment Of The Seminole Business Center II PD. (a), Upon enactment of this Ordinance the PD Property, as depicted in the map attached to this Ordinance, shall be rezoned to re-establish the Seminole Business Center II 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 re-established Seminole Business Center II 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 non-statutory development agreement relating to the action taken in this Ordinance include the following: (1). Pursuant to Section 4.3.G of the City's LDRS, this rezoning shall expire 3 years from the effective date of this Ordinance if all improvements have not been completed or an extension granted; provided, further, however, that upon expiration, the property shall revert 4Page back to its prior zoning districtclassification in effect on September 10, 2018 and; provided, further, however, that no extension may be granted after expiration. (2). All development shall be consistent with the Seminole Business Center II PD Master Plan, dated as received by the City on July 22, 2024, unless otherwise specifically set forth any associated non-statutory development agreement or a development order; provided, however, that all subsequent development orders shall be consistent with the provisions of this Ordinance. (3). All land use activities conducted on site shall be in accordance with Schedule B - Permitted Uses, of the City's LDRs relating to properties assigned the GC-2, General Commercial and RI-1, Restricted Commercial, zoning districts with the exception that vehicular land uses are prohibited and unlawful on the PD Property. The less restrictive requirement for establishment of any specific land use category shall prevail on any given use. If a conditional use approval is required in both zoning districts, then a conditional use approval is required to establish the use in accordance with the processes and procedures of the City's LDRS. (4). All activities shall be conducted indoors including, but not limited to, any and all storage or assembly use unless specifically approved in accordance with Schedule B, Permitted Uses, of the City's LDRS for the GC-2, General Commercial and RI-1, Restricted Commercial zoning districts. 5Pag (5). All signs located on the PD Property shall be subject to an approved comprehensive sign plan as established in Schedule K, Sign Regulations, of the City's LDRS. (6). Appropriate buffers by means of decorative walls or evergreen shrubs shall be provided to minimize impacts on any adjacent residential uses as determined by the City. (7). Unless otherwise specified on the Seminole Business Center II PD Master Plan, all development shall comply with setback and buffer requirements set forth in Schedule J, Landscape, Buffer and Tree Requirements; Schedule U - Overlay Districts, of the City's LDRs and the 2015 City of Sanford/Seminole County Joint Planning Agreement (JPA) as they apply to this PD project. (8). All requirements relating to wetland and tree mitigation as established in the City's LDRS shall be met prior to development of the PD Property. (9). If determined to be required and prior to any issuance of a site development permit relating to the PD Property, acceptable fencing around the property shall be submitted to the City for approval. (10). The following design elements will be considered during the development plan review: (i). Site improvements may include the incorporation of low impact development (oftentimes referred to as LID") techniques and crime prevention through environmental 6IPage design (oftentimes referred to as "CPTED") guidelines. (i). Elements of buildings may be constructed incorporating Leadership in Energy and Environmental Design (oftentimes referred to as "LEED"), Florida Green, or such other equivalent energy savings standards as may be approved by the City. (ii). 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 the City's LDRs. (iv). A decorative and functional fountain shall be installed and maintained in all wet retention ponds. (11). If City staff, by means of a determination or determinations by the City's Administrative Official, and the Property Owners are unable to agree to the details of this Ordinance or the implementing PD non-statutory development agreement 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. (12). In agreeing to the above conditions in the subsequent PD non-statutory development agreement, the Property Owners shall be conclusively deemed to have agreed that, in accordance with the provisions of Section 70.45, Florida Statutes, pertaining to governmental 7IPage exactions, the City has not imposed any prohibited exaction. The term "prohibited exaction" is defined by that statute to mean # any condition imposed by a governmental entity on a property owner's proposed use of real property that lacks an essential nexus to a legitimate public purpose and is not roughly proportionate to the impacts of the proposed use that the governmental entity seeks to avoid, minimize, or mitigate. Section 3. Incorporation Of Documents And Re-Established Seminole Business Center II PD Master Plan For The Re-Established Seminole Business Center II PD. The documents attached to this Ordinance are hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance re-establishing the Seminole Business Center II 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. (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 8IPage the zoning maps of the City of Sanford by the City Manager, or designee. Typographical errors and other matters/Scriveners errors of a similar nature that do not affect the intent of this Ordinance, as determined by Administrative Official, in conjunction with the City Clerk and City Attorney, may be corrected without the need for a public hearing. (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 Owners, or their successor(s) in interest within 60 days of the effective date of this Ordinance or the PD Property's zoning classification shall revert back to its prior zoning districtclassification in effect on September 10, 2018. Further, if, pursuant to Section 4.3.G of the City's LDRs, this rezoning expires in 3 years from the effective date of this Ordinance due to all improvements having not been completed or an extension granted; then the property shall revert back to its prior zoning district/classification in effect on September 10, 2018 with the entitlements set forth therein if consistent with the goals, objectives and policies of the City's Comprehensive Plan. (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 9IPage sovereign immunity and, further, all matters set forth herein may be enforced by any code enforcement process available to the City under the provisions of controlling law. Section 7. Effective Date. This Ordinance shall take effect upon enactment. Passed and adopted this 18th day of November, 2024. Attest: City Commission of the City of Sanford, Florida Traci Houchin, MMC, FCRM Art Woodruff City Clerk Mayor Approved as to form and legal sufficiency. William L. Colbert City Attorney 10Page CITY OF 3 SANFORD T. 187 FLORIDA Business Impact Estimate This form should be included in agenda packet for the item under which the proposed ordinance is to be considered, and must be posted on the City's website by the time notice of the proposed ordinance is published. An ordinance of the City of Sanford, Florida providing for the rezoning of a parcel of real property totaling approximately 10.00 acres or 443,005 square feet in size located at 100 Crosswood Loop and assigned Tax Parcel Identification Numbers 16-19-30-5AC-0000-087A, 16-19-30-5AC- 0000-087C, 16-19-30-5AC-0000-096A, 1649305AC.0000980, and 16- 19-30-SAC-0000-096E by the Seminole County Property Appraiser to re- establish the Seminole Business Center II Planned Development (PD) zoning district and the associated PD master plan as previously approved (map of the PD property is attached); 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 the correction of scrivener's errors and providing for an effective date and potential reversion. The City is of the view that the following exception(s) to the Business Impact Estimate requirement, that are checked off in a box below, apply to the above-referenced proposed ordinance. Although, the City is implementing the procedure required by statutory law to ensure that no inadvertent procedural issue could impact the enactment of the proposed ordinance. The proposed ordinance is required for compliance with Federal or State law or regulation; The proposed ordinance relates to the issuance or refinancing of debt; The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; 1/Page The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant, or other financial assistance accepted by the The proposed ordinance is an emergency ordinance; The ordinance relates to procurement; or X The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; C. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that, an exemption noted above may apply, the City hereby publishes the following information: 1. Summary of the proposed ordinance (must include statement of the public purpose, such as serving the public health, safety, morals, and welfare): This is a rezoning ordinance which was enacted upon application of the property owner. 2. Estimate of direct economic impact of the proposed ordinance on private, for-profit businesses in the City: None. 3. Estimate of direct compliance costs that businesses may reasonably incur: None. 4. Any new charge or fee imposed by the proposed ordinance: None. 5. Estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to cover such costs: The effect of the proposed ordinance, which was enacted upon application by the property owner, should enhance the economic goals and investment backed expectations of the property owner. 2IPage 6. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: None. 7. Additional information Reference to the City staff report/agenda memorandum and the public hearings on the proposed ordinance may be of assistance. 3/Page