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Home My WebLink About4065 Ordinance No. 4065 An ordinance of the City of Sanford, Florida rezoning property (approximately 10.0 acres in size) located at 3855 Church Street within the City of Sanford (Parcel 10 16-19-30-5AC-0000-0630) from AG, Agriculture, to PO, Planned Development; providing for legislative findings and intent; providing authority for implementation of administrative actions; repealing all conflicting ordinances; providing for severability; providing for non- codification and providing for an effective date. Whereas, Todd Staley, applicant for White Cedar Estates LLC, the fee title owner of the real property, totaling approximately 10.0 acres in size and located at 3855 Church Street (Tax Parcel Identification Number 16-19-30-5AC-0000-0630), 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 PO, Planned Development, zoning classification to accommodate an increase to the size of the North Park Commerce Center project with Chad S. Linn, P.E., Kimley-Hom and Associates, Inc. as the Engineer of Record for the project; and Whereas, the applicant has also submitted a revised PO Master Plan for the property prepared by Kimley-Hom and Associations, Inc" the engineer of record; and Whereas, 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 specific conditions; and Whereas, on July 19, 2007, the Planning and Zoning Commission of the City of Sanford recommended the application be approved subject to specific 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 relating to the rezoning action set forth herein in accordance with the requirements and procedures mandated by State law. T:\City Commission\2007\Agenda Memos 082707\07-221, ord 4065, rzn 3855 Church 81, ord.doc 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 the Ordinance, the City staff report, and the City Commission agenda memorandum related to the application for 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 North Park Commerce Center project, as dated aAG as received by the City of Sanford. The project was presented to the City Commission at its public meetings and hearings and was approved as the North Park Commerce Center proposed PO development. (e) Sanford. The PO rezoning will not adversely affect the orderly development of the City of (f) The PO rezoning 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; that the project is compatible with the original two phases of the project. Section 2: Rezoning of Real Property/Implementing Administrative Actions. (a) Upon enactment of this Ordinance, and the implementing actions related to the PO rezoning 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; that the actions taken and authorized herein are consistent with land development regulations for the specific PO zoning district, to wit:: Legal description attached as exhibit "A", (b) The City Manager, or designee, is hereby authorized to execute any and all T:\City Commission\2007\Agenda Memos 082707\07-221, ord 4065, rzn 3855 Church 81, ord.doc 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 contain the following specific conditions: 1. The development must be substantially 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 3, All activities shall be conducted indoors, including any storage or assembly unless otherwise approved in writing by staff; 4. Retail Sales may be approved by staff as an accessory use on a case by case basis; 5. Any and all required off-site improvements, including but not limited to roads, utilities, and stormwater shall be installed by the owner or another entity and the construction permits may be issued once there is a written commitment in hand and approved the City on the improvements; and 6. Any wet ponds will require a fountain feature. 7. Enough right-of-way be dedicated to complete White Cedar Road. (d) The PO agreement (development order) relating to the PO project shall, subsequent to appropriate execution by all parties, be recorded in the Official Records of Seminole County, Florida (Land Records) by the City Clerk of the City. 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 T:\City Commission\2007\Agenda Memos 082707\07-221, ord 4065, rzn 3855 Church St, ord,doc 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 will 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 the subject property shall not be deemed to be assigned the PO rezoni.ng with uses in RI-1 with an associated compatible PO master plan until all implementing actions are taken as set forth herein. Passed and adopted this 27'h day of August, 2007. City Commission of the City of Sanford, Florida Attest: ~f.. ~J~liatr Janet Dougherty, City lerk ~~~ 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. 4065, Passed and Adopted by the City Commission of the City of Sanford, Florida, on the 27th day of August, 2007, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 29th day of August, 2007. ~'~R anetR.Dougherty v As the City Clerk of the City of Sanford, Florida T:\City Commission\2007\Agenda Memos 082707\07-221, ord 4065, rzn 3855 Church 81, ord,doc EXHIBIT "A" Legal Description Legal lot 63. St Josephs, Plat Book 1, page 114. T:\City Commission\2007\Agenda Memos 082707\07-221, ord 4065, rzn 3855 Church St, ord.doc f -.---. --.-- ; L AG ;1 I' , , I __"_ _I ----- -, 'I __; l _: Seminole County . ---I I 'Cox i : Lumber j PD I PO ;-,'---1 ! I If i: - .~ ~,'_-'CH,VRc.H__SI. 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