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Home My WebLink About4047 Ordinance No. 4047 An ordinance of the City of Sanford, Florida relating to the North Park Commerce Center Planned Development ("PO"); providing for legislative findings and intent; providing for the rezoning of real property approximately 25.98 acres in size and located at 3855 Church Street to the PD Zoning Classification; 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, Ray Castro, David J. Lepach and First Pentecostal Church of Sanford Inc., the owners of certain real property, totaling approximately 25.98 acres in size and located at 3855 Church Street (Tax Parcel Identification Numbers 16-19-30-5AC-OOOO- 0570, 16-19-30-5AC-OOOO-0560, 16-19-30-5AC-OOOO-0640, 16-19-30-5AC-OOOO-064A), applied to the City of Sanford, through Todd Staley pursuant to the controlling provisions of State law and the Sanford City Code to have the property rezoned to the Planned Development ("PO") zoning classification to accommodate the North Park Commerce Center project with Jay Jackson, P.E., Kimley-Hom and Associates, Inc., as the Engineer of Record for the project; and WHEREAS, the applicant has also submitted a proposed PO Master Plan for the property prepared by Kimley-Hom and Associates, Inc., the engineer of record; and WHEREAS, the City staff and the City's Planning and Zoning Commission have reviewed and have 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 January 18, 2007 the Planning and Zoning Commission of the City of Sanford recommended that 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 PO 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 of the City of Sanford, Florida has taken all actions related 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 ~ND INTENT. (a) The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the recitals (whereas clauses), the City staff report, and the City Commission agenda memorandum related to the application for the proposed rezoning of F:\SHA_ CCOM\Agenda Memos 022607\07-059, ord 4047, rzn 3855 Churth Stdoc 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 North Park Commerce Center project, as dated as received by the City of Sanford which was presented to the City Commission at its public meetings and hearings related to the subject North Park Commerce Center proposed PO development. (e) The PO will not adversely affect the orderly development of the City of Sanford. (f) 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 related 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 Commission of the City of Sanford and the actions taken and authorized herein shall constitute land development regulations for the specific PD zoning district: LEGAL DESCRIPTION ATTACHED AS EXHIBIT "An. (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 PD project shall be drafted by and implemented by the City Attorney and City staff subsequent to City Commission action which development order shall contain the following conditions: 1. The development must be generally consistent with the master plan presented and approved by the Commission; 2. Unless specifically noted on the PO Master Plan, all development standards shall default to the requirements of the RI-1 zoning district including but not limited to the following: a. Setbacks and buffers b. Parking and loading zone requirements c. landscaping F:\SHA_ CCOM\Agenda Memos 022607\07-059, ord 4047, rzn 3855 ChurRJI St.doc 3. All activities shall be conducted indoors including any storage or assembly unless otherwise approved by staff; 4. Retail Sales may be approved as an accessory use on a case by case basis if approved by staff; 5. Any and all required off-site improvements, including but not limited to roads, utilities, and stormwater are to be installed by the owner or another entity and construction permits may be issued once there is a commitment on the improvements. 6. Any wet ponds will require a fountain feature. (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 any parts thereof 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-CODIFICA TION. 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. EFf~CTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption; provided, however, that the 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 26th day of February, 2007. ATTEST: ~uJjl-A~ JANET DOUGHER ,CITY LERK CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA ~~MA~~- 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. 4047, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 26th day of F:\SHA _ CCOM\Agenda Memos 022607\07-059, oed 4047, rzn 3855 Churgh Stdoc February, 2007, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 28'" day of February, 2007. ~ ~ r ~ .' v&;f1(.j{ ~. J ET R. DOUGHER As the City Clerk of the City of Sanford, Florida Exhibit A LEGAL DESCRIPTION DESCRIPTION: (PROVIDED BY CLIENT) LOTS 56,57,63 AND 64 OF THE FLORIDA LAND AND COLONIZATION COMPANY LIMITED W. BEARDALL'S MAP OF ST. JOSEPH'S, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 114 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. LESS AND EXCEPT THE WEST 200 FEET OF LOT 56. ALSO LESS AND EXCEPT THE RIGHT OF WAY FOR ROAD LYING NORTH OF LOTS 56 AND 57 AND EAST OF LOT 57. F:\SHA _ CCOM\Agenda Memos 022607\07'{)59, ord 4047, rzn 3855 Cb4rch St.doc l - L -EL - -~==:J ----------1 PD In I ~- ---.o:HURCH ST -lI- Maronda Homes Seminole County fOW~ ~" :0 -po- In 'I'"' U AG , ~ Seminole County ~ Cox Lumber ~~ ~ ~ c:c AG ] g D ~~II~III'~S AV PD - Stratford - -----===r= Point ________ _ --1 Apartments nl1l 111'---'_____ - Site 3855 Church Street Parcel No; 16-20-30-5AC-OOOO-0560 16-20-30-5AC-OOOO-0570 16-20-30-5AC-OOOO-0640 16-20-30-5AC-OOOO-064A r I , l . PD Seminofe County I I I W 1ST ST =---'-- - I __,