The URL can be used to link to this page

Home My WebLink About4039 Ordinance No. 4039 An ordinance of the City of Sanford, Florida relating to the McKeever S. White Cedar Road proposed industrial Planned Development ("PO"); providing for legislative findings and intent; providing for the rezoning of real property approximately 4.53 acres in size and located at 361 S. White Cedar Road; 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, Mary McKeever, Kevin Colton, Lygia Colton, et. aI., the owners of certain real property, totaling approximately 4.53 acres in size and located at 361 S. White Cedar Road (Tax Parcel Identification Number 26-19-30-5AE-0400-0000), through Mary McKeever, 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 the property rezoned to the Planned Development ("PO") zoning classification to accommodate the McKeever S. White Cedar Road industrial development proposal with Richard Labinsky, P.E., Inc. as the Engineer of Record for the project; and Whereas, the applicant submitted a proposed PO Master Plan for the property pertaining to the McKeever S. White Cedar Road proposed industrial PO development; and Whereas, the City staff has reviewed and has subsequently recommended approval of the proposed rezoning to the PO zoning classification and the proposed PO Master Plan for the property subject to certain conditions; and Whereas, on November 2,2006, the Planning and Zoning Commission recommended the application be approved subject to numerous conditions; and Whereas, the City Commission has determined that the proposed action of rezoning the subject property to the City's PO zoning classification (the PO Master Plan for McKeever S. White Cedar Road proposed industrial PO development) 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 of the City of Sanford, Florida has taken all actions 1 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 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 PO shall comply with the PO Master Plan for the McKeever S. White Cedar Road proposed industrial PO development project, as dated as received by the City of Sanford which was presented to the City Commission at its public meetings and hearings relating to the subject McKeever S. White Cedar Road proposed industrial PO development. (e). The PO will not adversely affect the orderly development of the City of Sanford. (t). The PO 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 PO is located. Section 2. Rezoning of Real Property/Implementing Administrative Actions. (a). Upon enactment of this Ordinance, and the implementing actions relating to the PO as set forth herein, the following property shall be rezoned to PO and the application to rezone the subject property as aforesaid is hereby adopted and approved by the City 2 Commission of the City of Sanford and the actions taken and authorized herein shall constitute land development regulations for the specific PO zoning district: Legal description attached as Exhibit "A". (b). The City Manager, or designee, is hereby authorized to execute the documents necessary to formalize approval of the rezoning action taken herein and the PO Master Plan for the project with all appropriate signatures and joinders being acquired from the property owners and those holding interests in the subject property. (c). The PO agreement (development order) relating to the PO project shall be drafted by and implemented by the City Attorney and City staff subsequent to City Commission action which development order shall provide for the following conditions: 1. The development must be generally consistent with the master plan approved by the City Commission; 2. Unless specifically noted on the PO Master Plan, all development standards shall default to the requirements of the RI-1 zoning district; 3. All activities shall be conducted indoors including, but not limited to, any storage or assembly; 4. All required off-site improvements including, but not limited to, roads, utilities, and stormwater shall be accomplished by, and at the expense of, the owner; 5. The landscaping buffer shall be a minimum of 15 feet wide; 6. The development shall meet parking and loading zone requirements of the LOR; and 7. Minimum setback along the south property line shall be no less than 15'. (d). The PO agreement (development order) relating to the PO project 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. 3 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, 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 this 11th day of December, 2006. City Commission of the City of Sanford, Florida Attest: yv.JJ-^ .IlwF~ Janet Dougherty, City Clerk ,--~p . ci<( '-----. ~.~ ~ Linda ~hn, 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. 4039, Passed and Adopted by the City Commission of the City of Sanford, Florida, on the 11th day of December, 2006, was posted at the front door of the City Hall in the City of Sanford, Florida, on the13th day of December, 2006. CfiPM1f f< . At~~ Janet R. Dougherty As the City Clerk of the City of Sanford, Florida 4 EXIDBIT "A" LEGAL DESCRIPTION: LEG PT OF BLK 4 BEG NW COR RUN E TO NE COR S 500 FT NWL Y TO PT 115 FT S OF BEG N TO BEG (LESS W 10 FT) M M SMITHS SUBn PB 1 PG 55. -----J I , .. I /' W1ST ST F 'D - J ~G P D PD I: ~ DI: Hatteras GC -~ Seminole County Sound -- ~ Apartments Page I'Ll ) .. School ~ r~ ~ ... ... . -- .. ..;.~. .... ~. ~' I. J [ .. I-I III AG - \~ j- - yl1 Seminal e Cou 1ty [ ri-G ~ 19 [ ~ .. RI-l ii ::.. ~ r.~ -.; SITE IIIlii ~ Crane \\ Institute Truck ~I-l Driver ../'"" Institute '\ ( ST .J~t PKWY L J l American LaFrance ST~ IS PKWT_- 9: -. !!I ~ RI-l E ~ a / ( ; /r-- ~ -~~ -- 1- Site -----~ 361 South White Cedar Road Parcel No: 26-19-30-5AE-0400-0000 -- I~