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HomeMy WebLinkAbout4080 Ordinance No. 4080 An ordinance of the City of Sanford, Florida rezoning property (approximately 3.253 acres in size) located at 3750 West First Street within the City of Sanford (ParcellD 16-19-30-5AC-OOOO-094A) from PD, according to Development Plan legislated June 14, 1999, Ordinance 3486, to GC2, General Commercial; 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, STORAGE PLUS, L.C., applicant and fee title owner of the real property, totaling approximately 3.253 acres in size and located at 3750 West First Street (Tax Parcel IdentifICation Number 16-19-30-SAC-OOOO-094A), 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 GC2, General Commercial for subdividing of the parent tract into two parcels to accommodate the anticipated use; and Whereas, City staff has reviewed and has subsequently recommended approval of the proposed rezoning to GC2, General Commercial for subdividing of the parent tract into two parcels to accommodate the anticipated use subject to specific conditions; and Whereas, on October 4, 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 GC2, General Commercial for subdividing of the parent tract into two parcels to accommodate the anticipated use 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: 1 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 GC2, General Commercial for subdividing of the parent tract into two parcels to accommodate the anticipated use 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 GC2, General Commercial for subdividing of the parent tract into two parcels to accommodate the anticipated use 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 Propertyllmplementing 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 GC2, General Commercial for subdividing of the parent tract into two parcels to accommodate the anticipated use and the application to rezone the subject property, as aforesaid, is hereby adopted and approved by the City Commission of the City of Sanford: South 660 feet of Lot 94 (Less the East 15 feet for Road and 2 street right of way) St. Josephs Subdivision, according to the plat thereof as recorded in Plat Book 1, Page 114 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. All new uses and development standards shall default to the requirements of the GC-2, General Commercial zoning district if not specifically noted on the PO Master Plan and shall include the requirements that certain specific uses require conditional use approval; 2. The existing portion of the site containing the storage warehouse business will also retain the approved storage warehouse use as originally granted June 14, 1999 by Ordinance 3486; 3. The 'code keypad' at the entrance median may require relocation upon written notice from the City, to eliminate potential access problems if shared access is proposed when the adjacent parcel is developed; 4. Parking space requirements and landscaped requirements shall meet all the requirements of the Land Development Regulations; 5. If City sewer is available when the newly created Phase 2 is developed, the existing Phase 1 storage facility shall be removed from septic and both parcels should be connected to City sewer; and 6. Dedication of additional right of way may be required along North White Cedar during development plan process. (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 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 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 12lh day of November, 2007. Attest: City Commission of the City of Sanford, Florida ~ ~ l_~uJL Lind Kuhn, Mayor C~-+-f~ <Y~~ Cyntnla Porter, Deputy City Clerk Certificate I, Cynthia Porter, Deputy City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 4080, Passed and Adopted by the City Commission of the City of Sanford, Florida, on the 12th day of November, 2007, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 14th day of November, 2007. ~s~./ (?J, Cynttlla Porter, Deputy City Clerk of the City of Sanford, Florida 4 lAG NARCISSUS A\l PO Stratford Point Apartments W.1ST ST G GC-2 Site 3750 West 1st Street 0000-094A P I No' 16-19 -30-SAC- arce . AG -1 I - ~ __J=--___ - /)SITE --------~----------- Q 0:: 0:: ~ Q W o w f- - ::c ~ p Hatteras Sound Apartments . t/) I