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Home My WebLink About4078 Ordinance No. 4078 An ordinance of the City of Sanford, Florida rezoning property (approximately 6.75 acres in size) located at 550 North Palmetto Avenue within the City of Sanford (ParcellD 25-19-30-515-0000-0020) from Planned DevelopmentlSC3, Special Commercial, to Planned Development, Marina Isle, for Condominium/Commercial Mixed Use Project; 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, TFA IV, llC, applicant and leaseholder of the real property, totaling approximately 6.75 acres in size and located at 550 North Palmetto Avenue (Tax Parcel Identification Number 25-19-30-515-0000-0020), 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 Planned Development, Marina Isle, Waterfront Downtown Business District (WDBD) for Condominium/Commercial Mixed Use Project at the site; and Whereas, City staff has reviewed and has subsequently recommended approval of the proposed rezoning to the Planned Development, Marina Isle, Waterfront Downtown Business District (WDBD) for Condominium/Commercial Mixed Use Project classification subject to specific conditions; and Whereas, on September 6,2007, 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 Planned Development, Marina Isle, Waterfront Downtown Business District (WDBD) for Condominium/Commercial Mixed Use Project 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. 1 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 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 Planned Development, Marina Isle, Waterfront Downtown Business District (WDBD) for Condominium/Commercial Mixed Use Project 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. (f) The zoning of the subject property to the Planned Development, Marina Isle, Waterfront Downtown Business District (WDBD) for Condominium/Commercial Mixed Use Project 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 Planned Development, Marina Isle, Waterfront Downtown Business District (WDBD) for Condominium/Commercial 2 Mixed Use Project 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: A portion of lots 1,2,3, & 4 plat of Sanford Riverfront project, as recorded in Plat Book 14, Page 88 of the 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. (c) The Development Order relating to this rezoning action shall be drafted and implemented, as 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. Only specific parking space standards shall be reduced from 10' x 20' to 9' x 18' as elements of the PO; 2. Pursuant to the Land Development Regulations Section 4.3G the Planned Development shall expire four (4) years from the effective date of the approval by the City Commission of the Planned Development if vertical construction has not been permitted by the City; 3. The project is proposed on City owned lands, therefore prior to permits being issued, a construction schedule that establishes milestones and penalties agreed to by the City Commission and TFA IV, LLC must be established and followed; 4. The maintenance, repair and reconstruction of the south and west portions of the existing seawall on the non-public access (behind the privacy fence) portions of the development will be the responsibility of TFA IV, LLC and/or their successors; 5. Stormwater issues (stormwater credits vs on-site storage) must be resolved before a Site Development Permit can be issued; 6. No City permits for demolition, development or construction will issue until all required Federal, State and Local permits are obtained; 7. Designated private resident parking may be 9'x18' with all public or temporary parking being a minimum of 10'x20'; 8. All visible portions of all roofs shall be tile. Awnings are allowed on secondary roofs as depicted in the renderings presented to the Commission; 9. Public access shall be maintained to the boat ramps at all times. Access to the other lease holders' businesses and property in the area must be 3 maintained, it is the responsibility of the developer to notify impacted businesses and the City of any temporary interruptions of access or utilities; 10. All buildings must be constructed for LEED certification; 11. At the end of the first phase of construction, the portions of Palmetto Avenue contiguous to the construction area must be resurfaced to City standards at the developers sole expense; at the end the second and all subsequent phases, the City will inspect the road and the developer must correct any deficiencies; 12. A construction truck and/or vehicle route will be required to be submitted and approved as a iart of the Development Plan submittal process. The route shall utilize 3 Street and Palmetto Avenue and specifically prohibit the use of Seminole Boulevard and the downtown portions of 1st Street; 13. The Site Plan shall be reviewed and approved by the Planning and Zoning Commission; 14. Elements of the Northshore project shall be incorporated in the Site Plan; 15. For further amplification of the Project and matters related and germane thereto, the Project Information Sheet is attached hereto for ready reference as Exhibit A and shall govern the planning design and implementation of the Marina Isle Planned Development project, the subject matter of this Ordinance. 16. The architectural renderings submitted and presented to the Commission are stipulated as part of the PO Master Plan and if there are any substantial changes proposed that they are to be brought back to the City Commission for approval. (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 4 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 RMOI 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, Florida / .,-- k/ - ,~ ",~. Linda KulJh, 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. 4078, Passed and Adopted by the City Commission of the City of Sanford, Florida, on the 2200 day of October, 2007, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 24th day of October, 2007. (',.,-). .. \ ./" -~ I 'l" . {)L' './' I , ---t' "- /; / ],u/.r / ~ /1 \lkJ7.)c y:>f.~{I" . anet R. Dougherty, C' lerk of t City of Sanford, Florida 5 lVR.~,~;,-::., ~-H rv" " i ll,-r-:~~,~Gi.~ at i i [~f}:.tRiverwa........ .' '. Ik-:.".".' I I ' : i II '~~'~l2'f7...'~. "'1 I ' I, II ~ liJ'j' c;~'1 I'~>~> ! \ '1 II g--l l Hall I I County I t~Na>Lr~-!1 _.J~t ! I 1~1~~~'rthOi111~~efVQ!~.,! --------J~i 'I! I 1 FU1fO~ SII--l ~i Iii I I ii' I I [' ~'!n I! il ! 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