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HomeMy WebLinkAbout4058 ,. iiii !!!!! - iiii !!i! iiii !!! - iii - -;;; 2!: ~~ 0- illS 4' -....4' .- ~ cij ~ 1Il~1Il t€ s;; FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR THE ffi -; ~ ~ 2 @EZONING OF REAL PROPERTY TOTALING APPROXIMATELY 19.5 d - sell..; &.CRES IN SIZE AND ENCOMPASSING FIVE TAX PARCELS BEING w~ ~ ru ~ : liENERALLY LOCATED AT 451 (C.R. 15) MONROE ROAD; PROVIDING FOR ~ ~ ... #::::: tlI fHE IMPLEMENTATION OF ADMINISTRATIVE ACTIONS; PROVIDING 00 at ..oLL> E U 0. (f) (S) CJ POR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ~ d ~ ~ ~ ~ ~ON-CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. ~:S~l.1J~~8 i m ~ d ~ ~ l}Yhereas, Von Companies, LLC is the owner of certain real properties, totaling approximately 19.5 acres in size and generally located at 4Sl (C.R. IS) Monroe Road (Tax Parcel Identification Numbers l6-19-30-SAC-0000-0730, 16-19-30-SAC-0000-0720, 16-19-30-SAC-0000-072A, 16-19-30- SAC-OOOO-072B, 16-19-30-SAC-0000-072C), and has 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 ("PD") zoning classification to accommodate the V on Companies, LLC development proposal; and I- a:: ::::J o U I- ..... ::::J U a:: .... U ORDINANCE NO. 4058 iii iii iii - AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA RELATING TO THE YON COMPANIES PLANNED DEVELOPMENT ("PD"); PROVIDING - !!!!! iii - - - ~ !!!!! - !!!!! Whereas, the applicant also submitted a proposed PD Master Plan for the properties to be amalgamated and developed by Von Companies, LLC for the proposed development; and o "'-.. ." Whereas, the City staff has reviewed and has subsequently recommended approval of the proposed rezoning to the PD zoning classification and has reviewed the proposed PD Master Plan for the property; provided, however, that the recommendation is subject to certain specific conditions; and Whereas, on April 19, 2007, the Planning and Zoning Commission recommended the application be approved subject to the certain specific conditions; and Whereas, the City Commission has determined that the proposed action of rezoning the subject property to the City PD zoning classification (subject to the conditions set forth herein) 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 City plans, regulations and its Code requirements and 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 state law in processing and advertising this Ordinance and fulfilling due process. C:\Documents and Settings\porterc.SANFORD\LocaI Senings\Tempo~ Internet Files\OLK6F\Ordinance (FinaI),doc ,. ~ (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 PD shall comply with the PD Master Plan for Von Companies, LLC as set forth herein. (e) The PD 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 relating to the PO as set forth herein, the following property shall be rezoned to PD 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 PO zoning district: Legal description attached as Exhibit "A". (b) The City Manager, or designee, is hereby authorized to execute all documents necessary to formalize approval of the rezoning action taken herein and the ultimate PD Master Plan for the project with all appropriate signatures and consents and joinders being acquired from the property owners and all those holding interests in the subject property. (c) The PD 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 provide, among other things, for the following conditions: a) Successful annexation of the property to the City of Sanford, Florida; b) Unless specifically noted on the PD Master Plan, the development standards shall default to the requirements of the RI-l zoning district; c) All development must be generally consistent with the PO Master Plan as presented with the exception. that all parking and loading zones shall meet all requirements of the Land Development Regulations; d) All activities on said amalgamated parcel shall be conducted indoors unless otherwise approved by staff in writing; e) Minor retail may be approved as an accessory use on a case by case basis by staff; and f) Any wet ponds will require an operable fountain feature. g) The PD agreement (development order) relating to the PD 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. Ordinance are hereby repealed All ordinances or part of ordinances in conflict with this 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 C:\Documents and Settings\porterc.SANFORD\LocaI Settings\Tempor~ Internet Files\OLK6fiOrdinance (Final).doc 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, 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 revised PD zoning classification until all implementing actions are taken as specifically set forth herein. ; 1 :,1 , P~ssed and adopted this 11 th day of June, 2007. . Si\'"~"vtf.o''' . ~<:'..,.. ", ,)... :' I-! , -. City Commission of the City of Sanford, Florida : O' t . ~ ~ . .=+<<. Linda Kuh ,Mayor I a ..> 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. 4058, Passed and Adopted by the City Commission of the City of Sanford, Florida, on the II th day of June, 2007, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 13th day of June, 2007. .- ,f\tIFO/. ' (. ,...."" 1.0 \ ~<,.. , '. .... >" ~'. -.... ;' \ ~ " ..' ....J :u; ,',1!,:U.l ...: I ~.~ ~ :' ~ .. : '. ." " .U" . . ""; '. 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Dougherty (j As the City Clerk of the City of Sanford, Florida ~., C:\Documents and Settings\porterc.SANFORD\LocaJ Settings\TemPOra& Internet Files\OLK6F\Ordinance (Final).doc ~ EXHIBIT 'A' LEGAL DESCRIPTION Tax Parcel Number: 16-19-30-5AC-0000-0730 Legal Description: LEG LOT 73 ST JOSEPHS PB I PG 114 Tax Parcel Number: 16-19-30-5AC-0000-0720 Legal Description: LEG LOT 72 (LESS 40 FT E & 30 FT S OF INT CIL RDS ON N & W SIDES RUN E 130 FT S 200 FT W 130 FT N 200 FT TO BEG) ST JOSEPHS PB I PG 114 Tax Parcel Number: 16-19-30-5AC-0000-072A Legal Description: LEG PT LOT 72 (LESS 40 FT E & 30 FT S OF INT CIL RDS ON N & W SIDES OF LOT 72 RUN E 130 FT S 50 FT W 130 FT N 50 FT TO BEG ST JOSEPHS PB I PG 114 Tax Parcel Number: 16-19-30-5AC-0000-072B Legal Description: LEG LOT 72 BEG 40 FT E & 80 FT S OF INT CIL RDS ON N & W SIDES OF LOT 72 RUN E 130 FT S 50 FT W 130 FT N 50 FT TO BEG ST JOSEPHS PB I PG 114 Tax Parcel Number: 16-19-30-5AC-OOOO-072C Legal Description: LEG PT LOT 72 BEG 40 FT E & 130 FT S OF INT CIL RDS ON N & W SIDES OF LOT 72 RUN E 130 FT S 100 FT W 130 FT N 100 FT TO BEG ST JOSEPHS PB 1 PG 114 I I ~ I- I - - PD - - - I r--- I - - S 1- U, Monroe . Commerce Center r--- It::: 1- Maronda Systems I~ / .~. AU ~SITE I~ ." I-- . AG Iii Iii I I ~ -- I rLl ( L ( Seminole Pointe It. AG [ ... Apartments ... ~ i:i - PD - ~I I l -,.... BJ's - I II '-' Stratford Point Apartments Site - - 451 Monroe Road - - - Parcel No: 16-19-30-5AC-OOOO-0720 - 16- 19-30-5AC-OOOO-072A W 1ST ST - 16- 19-30-5AC-OOOO-072B 16- 19-30-5AC-OOOO-072C m ~ 16- 19-30-5AC-OOOO-0730 I-- P D - I I I I .