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HomeMy WebLinkAbout4077 Ordinance No. 4077 An ordinance of the City of Sanford, Florida rezoning property (approximately 2.39 acres in size) located at 251 South White Cedar Road within the City of Sanford (Parcel 10 26-19-30-5AE-03OC-OOOO) from AG, Agriculture, to WlC, Westside Industry and Commerce; 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, Jason Toll, applicant for Meena G. Chaudhari, Trustee FBO, the fee title owner of the real property, totaling approximately 2.39 acres in size and located at 251 South White Cedar Road (Tax Parcel Identification Number 26-19-30-5AE-03OC-OOOO), 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 WIC, Wests ide Industry and Commerce, zoning classification to accommodate an officelwarehouse flex space, Planned Development; and Whereas, City staff has reviewed and has subsequently recommended approval of the proposed rezoning to the WIC zoning classification subject to specific conditions; and Whereas, on September 20, 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 WIC 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 1 (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 with attachments 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 WlC, Westside Industry and Commerce 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. (f) The zoning of the subject property to the WlC 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 Propertynmplementing 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 WIC 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, Florida, to wit: The North % of the West % of Block 3, M M Smith's Subdivision, according to the Plat thereof recorded in Plat Book 1, Page 55, Public Records of Seminole County, Florida. (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. 2 (c) The Development Order relating to this rezoning adion shaI be drafted and implemented, as necessary, by the City Attorney and the City staff subsequent to City Commission action which development order shaD provide for the following specific conditions: 1. The Planned Development Master Plan shall include for a setback reduction in City standards as follows: STANDARD GUIDELINES 75 ft. Setback adj. to Residential 50 ft. Buffer adj. to Residential PROPOSED MASTER PLAN STANDARDS Reduction to 35 ft. Setback adj. to Residential Redudion to 10ft. Buffer adj. to Residential 2. No permits for vertical construction shaH issue until aU required Federal, State and Local permits are obtained; 3. Fountain feature will be required in any stormwater pond designed to be a wet bottom pond; 4. Dedication of such required additional ROW for unopened 511 Street and I or S, White Cedar Road and improvements to S. White Cedar Road as shall be required at development plan submittal resulting in redesign of site and buitdings; 5. All Land Development Regulations in effect at time of development plan submittal will apply; 6. Outdoor Storage shall be enclosed behind a minimum 7 foot high opaque fence or brick or masonry wall with landscaping per the Land Development Regulations. Items stored shall not be visible above the wall from any Right-of-Way. (d) The development order relating to this project and this property, as required, shall, subsequent to appropriate execution by all parties, be recorded in the Official Records of Seminole County, Florida (Land Records) by the City CIertt 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 3 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 6. Non..cocllflcatlon. 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 8. 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 WlC zoning classification until all implementing actions are taken as set forth herein. Passed and adopted this 22nd day of October, 2007. Attest: City Commission of the City of Sanford, FI~ri~.~ (._.:"'~/"'" ~ ~ ~.~ net Dougherty. City rk Linda Kuh ,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. 4On, Passed and Adopted by the City Commission of the City of Sanford, Florida, on the 22nd day of October, 2007, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 24111 day of October, 2007. ~dft<'A~ Ja R. Dougherty, City n rk of the City of Sanford, Florida 4 I Stndford PaInt I Simply I l I J Aparbnents Self Storage SR 46 (W. 1ST STREET) L ~ c - ;; Page Hatteras School Sound ~I Aparbnents ) ~ ) SITE I r- f ~ :>> TH ~ ~ z ~ IT ~ [ ,~i f--- [ \~ ~ I ~ ~~ \\ ~ "(9 "- L [] j [ ~~ ST. JOHNS PARKWAY =:J : ~ - ~ I Site ~~~\~,/ -- _ 251 S. White Cedar Road ---~ - Parcel No: 26-19-30-5AE-030C-OOOO I r------ \ \ ~ 'I , 'I '1 ~ ~ 2 '" :J 3 :: ~ il f) o. 0 , >< :::> o :) .;~ ~. t-- ;~ c: ro ::>::2 ~ ..... ) 0 ::lii: :; . =~ ;;<8 f) ~ ~ ro :::>r/J >, 00. :::00 )~ 5..~ 1) 0 :)CO 80 J . :; 0-.. j)::::: f) ro ~::r: ~o ::u ::l. :::>"0 ~ ..... ~<8 1) ~ ::)S5 ::1<+-< :; 0 oIlO ~u ad :Ii ..... i:~ vU 90 SU ~ .9 ~ E 0..8 v (l) t>:r::: 11111111111111111111 II 1111111111 1111I 11111 III 11111111111 IIIf MARYANNE MORSE, CLERK OF CIRCUIT COURT SEMINOLE COUNTY BK 05a92 Pgs i804 - 1808; (5pgs) CLERK'S # 2007175202 RECORDED 12/20/2007 04:i8:3f, PM RECORDING FEES 44.00 RECORDED BY G HarfoTo CITY OF SANFORD PLANNED DEVELOPMENT ORDER vI) ~ On the d-;';;"- day of l..)ELt::: v'-t '! t:~ ,2007, the City of Sanford issued this Planned Development Order relating to and touching and concerning that real property described in the attached Composite Exhibit A which is incorporated herein by this reference. .:k> l-f...s T 4- (~I.Y\Q,4 -y- S H-A ~ P MooRB CRBUdABfi., <lrt:l3tcc f130 Property Owner: Project Name: Small Bay Requested Approval: Rezoning to PO, Planned Development The Planned Development Approval sought is consistent with the City of Sanford Comprehensive Plan, the Land Development Regulations of the City of Sanford, the controlling provisions of State law and the ultimate development of the property will be subject to and consistent with and in compliance to applicable land development regulations and all other applicable regulations and ordinance~ as set forth in the Code of Ordinances of the City of Sanford, Florida. The Owner of the property has expressly agreed to be bound by and subject to the development conditions and commitments stated below and have covenanted and agreed to comply with all following conditions as set forth in Paragraph (3) below. PLANNING DEVELOPMENT ORDER NOW, THEREFORE, IT IS ORDERED AND AGREED THAT: (1) The aforementioned application for planned development approval IS GRANTED. (2) All development of the property shall fully comply with all of the codes and ordinances in effect in the City of Sanford, Florida, at the time of issuance of the planned development order and/or the development permit. (3) The conditions upon this planned development approval and the commitments made as to this development approval, which have been accepted by and agreed to by the Owner of the property are as follows: a. The Planned Development Master Plan shall include for a setback reduction in City standards as follows: STANDARD GUIDELINES 75 ft. Setback adj. to Residential 50 ft. Buffer adj. to Residential PROPOSED MASTER PLAN STANDARDS Reduction to 35 ft. Setback adj. to Residential Reduction to 10ft. Buffer adj. to Residential b. No permits for vertical construction shall issue until all required Federal, State and Local permits are obtained; c. Fountain feature will be required in any stormwater pond designed to be a wet bottom pond; d. Dedication of such required additional ROW for unopened 5th Street and / or S. White Cedar Road and improvements to S. White Cedar Road as shall be required at development plan submittal resulting in redesign of site and buildings; e. All Land Development Regulations in effect at time of development plan submittal will apply; f. Outdoor Storage shall be enclosed behind a minimum 7 foot high opaque fence or brick or masonry wall with landscaping per the Land Development Regulations. Items stored shall not be visible above the wall from any Right-of-Way. Development Order Page 2 of 4 g. Such additional necessary conditions, if any, as the City Commission shall legislate during the public hearing process, as defined in Exhibit B attached hereto and made a part hereof which conditions shall be included in this Development Order and implemented herewith. (4) This Planned Development Order touches and concerns the aforedescribed real property as described in the attached Composite Exhibit A. The Owner of the said property do hereby expressly covenant and agree by the execution of this Planned Development Order to each and every provision and all of the terms and conditions of this Planned Development Order. (5) This Planned Development Agreement ("Development Order") relating to the Small Bay Project shall, subsequent to appropriate execution by all parties thereto, be recorded in this Official Records of Seminole County, Florida (Land Records) by the City Clerk. (6) The terms and proVIsions of this Planned Development Order are not severable and in the event any portion of this Development Order shall be found to be invalid or illegal, then the entire Development Order shall be null and void. Done and Ordered on the date first above written. As approved and authorized for execution by the City Commission of the City of Sanford at its regular meeting of Dc-\-o be( ,.;},J. 2007. Ord. *- ~Ol Attest: City of Sanford, Florida ~~:s.. > "" I . "", ":. ,. 'f'" " J- ...-. $... : ~ "0 ! U -- (-) \, Development Order Page 3 of 4 . . ..,. /. OWNER'S CONSENT AND AGREEMENT IN WITNESS WHEREOF, the Owner consents and agrees to each and every term and condition of this Planned Development Order and have hereunto set their hand and seal the day and year shown. ___ -.f. '/ - S' " -JoUI'-l...l t- '.JA~J11\R.A .J. bfA~.- ~~~~'fi&l:~ Igna re /0 ;. /, Witnesses: Date STATE OF FLORIDA ) COUNTY OF SEMINOLE ) I HEREBY CERTIFY that, on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Meena Chaudhari, Trustee FBO, to me known to be the person described in and who executed the foregoing instrument and she acknowledged before me that she executed the same. t) ~ Witness my hand and official seal in the County and State aforesaid this ;l. ~ay of ~~C~ 11~ ,2007. Notary Public, I d for the County and State aforementioned My Commission Expires: '~-----_.."""._..""'~--~~...-...._. ~"""flt!, C ~~'t> ov:n.[,Y~~EATHER RECTOR ~ ,9.,E." Mi cO':;,':I:'SION # DD506942 ~O'I\Il" E:':.'IRES: 1'",16.2010 (407) 398-<J153 ~,::"di1 Notary Service. com Development Order Page 4 of 4 EXHIBIT A The North 1fz of the West 112 of Block 3, M M Smith's Subdivision, according to the Plat thereof recorded in Plat Book 1, Page 55, Public Records of Seminole County, Florida.