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Ordinance No. 4066
An ordinance of the City of Sanford, Florida rezoning property
(approximately 0.90 acre in size) located at 2470 Mellonville Avenue within
the City of Sanford (Parcel 10 31-19-31-520-0000-1510) from MR-2, Multi-
Family Residential, to RMOI, Multi-family Residential/Office/Institutional;
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, John Polasek, Jr., applicant for Cecilia A. and Henry Monroe, the fee title
owners of the real property, totaling approximately 0,90 acres in size and located at 2470
Mellonville Avenue (Tax Parcel Identification Number 31-19-31-520-0000-1510), 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 their property rezoned to the RMOI, Multi-family
Residential/Office/Institutional, zoning classification to accommodate a professional office
development; and
Whereas, City staff has reviewed and has subsequently recommended approval of the
proposed rezoning to the RMOI zoning classification subject to specific conditions; and
Whereas, on July 5, 2007, the Planning and Zoning Commission 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 RMOI 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.
Now, therefore, be it enacted by the People of the City of Sanford, Florida:
Section 1.
Legislative findings and intent.
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(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 the
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 RMOI, Multi-family
Residential/Officellnstitutional, zoning classification will 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 RMOI 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 RMOI 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 attached as Exhibit "A".
(b). The City Manager, or designee, is hereby authorized to execute any and all
documents necessary to formalize approval of the rezoning action taken herein,
(c). The Development Order relating to this rezoning action shall be drafted and
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implemented, if determined to be necessary, by the City Attorney and the City staff subsequent
to City Commission action which development order shall provide for the following specific
conditions:
1. A separate public hearing for Conditional Use for Urban Infill is not required;
2. A Development Plan drawn by a Florida registered engineer will be required to
be submitted, reviewed and approved by City staff prior to commencement of any
construction on site or the use of any building on the parcel as a commercial
operation;
3. Urban Infill Redevelopment flexibility may be exercised in the design of the site,
but if City staff and the applicant are unable to work. out acceptable specific
details, the request will be returned to the Planning and Zoning Commission for
further review de novo.
4. The applicant will work. with Staff to facilitate enough right-of-way for a turn lane
on Mellonville Avenue, and if the applicant and Staff are unable to resolve the
issue it is to be returned to the P&ZC.
(d). The development order relating to this project and this property, if required, 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
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,
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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 RMOI zoning classification until all implementing actions are taken as set forth herein.
Passed and adopted this 24th day of September, 2007.
City Commission of the City of Sanford, Florida
Attest:
, 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. 4066, Passed and Adopted by the City
Commission of the City of Sanford, Florida, on the 24th day of September, 2007, was posted at
the front door of the City Hall in the City of Sanford, Florida, on the 26th day of September, 2007.
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anet R. Dougherty
As the City Clerk of the City
of Sanford, Florida
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EXHIBIT "A"
Legal Description
South 2/3 of lot 151 + all lots 153, 155, 157 and 159 (less road). Sanford Park, Plat
Book 5, Page 62,
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