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Home My WebLink About4029 Ordinance No. 4029 An ordinance of the City of Sanford, Florida relating to property (approximately 0.72 acre in size) located at 301 Cedar Avenue within the City of Sanford and rezoning said property from RI-1, Restricted Industrial, to MR-3, Multiple Family Residential; providing for legislative findings and intent; providing for the taking of implementing administrative actions; repealing all conflicting ordinances; providing for severability; providing for non-codification and providing for an effective date. Whereas, The Center for Affordable Housing, Inc., the owner of certain real property, totaling approximately 0.72 acre in size and located at 301 Cedar Avenue (Tax Parcel Identification Number 25-19-30-5AG-0511-0060), applied to the City of Sanford, pursuant to the controlling provisions of State law and the Code of Ordinances of the City of Sanford to have its property rezoned to the MR-3, Multiple Family Residential, zoning classification to accommodate a senior living apartment community for Cedar Grove Apartments; and Whereas, City staff has reviewed and has subsequently recommended approval of the proposed rezoning to the MR-3 zoning classification subject to certain conditions; and Whereas, on October 19, 2006, the Planning and Zoning Commission recommended the application be approved subject to conditions; and Whereas, the City Commission has determined that the proposed action of rezoning the subject property to the City's MR-3 zoning classification is consistent with the Comprehensive Plan of the City of Sanford, the land development regulations of the City of Sanford, and the controlling provisions of State law; and Whereas, the City Commission 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 1 this Ordinance the recitals (whereas clauses) to this Ordinance, the City staff report and City Commission agenda memorandum relating to the application relating to the proposed rezoning of the subject property. (b). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. (c). This Ordinance is consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford. (d). Development pursuant to the rezoning to the MR-3, Multiple Family Residential, zoning classification shall comply with the City's Land Development Regulations and the conditions as applied. (e). This rezoning action will not adversely affect the orderly development of the City of Sanford. (t). The zoning of the subject property to the MR-3, Multiple Family Residential, zoning classification will not adversely affect the health and safety of the residents or workers in the area proximate to the property described in this Ordinance and will not be detrimental to the use of adjacent properties or the general area within which the subject property is located. Section 2. Rezoning of Real Property/Implementing Administrative Actions. (a). Upon enactment of this Ordinance, and the implementing actions relating to the zoning as set forth herein, the following property shall be rezoned to the MR-3 zoning classification and the application to rezone the subject property, as aforesaid, is hereby adopted and approved by the City Commission of the City of Sanford: Legal description as follows: LOTS 6 TO 10 BLK 5 TR 11 TOWN OF SANFORD PB 1 PG 61 (b). The City Manager, or designee, is hereby authorized to execute the documents necessary to formalize approval of the rezoning action taken herein. (c). The Development Order relating to this rezoning action shall be drafted, if determined to be necessary, by and implemented by the City Attorney and City staff subsequent to City Commission action which development order shall provide for the following conditions: 2 1. The apartment development on the subject property are approved as senior apartments only (age 62 and over in accordance with the applicants letter). Any change from this use will require approval of a conditional use by the City in accordance with its processes and procedures. 2. A separate public hearing for a conditional use for urban infill is not required for the use permitted as the approval of this rezoning is also considered approval of a conditional use for urban infill. 3. The owner must file a development plan with the City prepared by a Florida registered engineer which plan is subject to approval by City staff prior to any construction. 4. Perimeter fencing shall be required and in place as follows: (A). Decorative fending acceptable to staff in accordance with existing landscaping guidelines shall be installed as follows: (1). 72" decorative fence along the alley on the East boundary of the premises; and (2). 48" decorative fence along the alley 3rd Street and 4th Street respectively; and (3). 48" decorative fence along Cedar Avenue from 3rd Street South to the entrance to the project parking area. 5. Urban infill redevelopment flexibility will be exercised in the design of the site, but if City staff and the property owner are unable to work out specific details, the request shall be submitted to the Planning and Zoning Commission for its review and recommendation which shall prevail. (d). The development order relating to this project and property, if required, shall, subsequent to appropriate execution, be recorded in the Official Records of Seminole County, Florida (Land Records) by the City Clerk. Section 3. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed Section 4. 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 5. Non-Codification. This Ordinance shall be not be codified in the City Code of the City of Sanford or the Land Development Code of the City of Sanford; provided, however, 3 that the actions taken herein shall be depicted on the zoning maps of the City of Sanford by the City Manager, or designee. Section 6. Effective Date. This Ordinance shall take effect immediately upon passage and adoption; provided, however, that that subject property shall not be deemed to be assigned the PO zoning classification until all implementing actions are taken as set forth herein. Passed and adopted thisTJ'I1t day ofLf1 ~ , 2006. City Commission of the City of Sanford, Florida Attest: ~.J!Jw~ Janet Dougherty, City Clerk () c.~~_ ~~ Linda Kuhn, Mayor Certificate I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 4029, Passed and Adopted by the City Commission of the City of Sanford, Florida, on thec9 j::t!J day 0'rPJ ~996, was posted at the front door of the City Hall in the City of Sanford, Florida, on th~ C(t!1 day of '-11~006. ~.i<DHt~ anet R. Dougherty As the City Clerk of the City of Sanford, Florida 4 ---1 -1 I ~-j I i ! I I I : I i RI-l W 1ST ST r I I I I . ..._L L~- I' l_--=- -1 . _J -....1 .- ~I -1- RI-l b Site 301 Cedar Ave Parcel N nuee 0: 25-19-30 5 - AG-0511 -0060 '--. I I I L i .r---~ : I i I I ! _ L_~J .) -] ~ !---r- I I ' I I I. i r -r -;- l_l t ! _. W 5"!".H ST--- Firt~one ~