The URL can be used to link to this page

Home My WebLink About4079 Ordinance No. 4079 An ordinance of the City of Sanford, Florida rezoning property (approximately 9.36 acres in size) located at 750 W. Fulton Street within the City of Sanford (ParcellOs 25-19-30-300-0160-0000, 25-19-30-502-0000-0050, 25-19-30-502-0000-006O, 25-19-30-502-0000-007 A, 25-19-30-502-OOOO-010A, 25-19-30-502-0000-0010, 25-19-30-514-0000-0030, 25-19-30-514-0000-004O and 25-19-30-514-OOOO-OO8A) from GC-2, General Commercial to Planned Development, PD, Riverscape Condominium; providing for legislative findings and intent providing authority for implementation of administrative actions; repealing all conflicting ordinanc_; providing for severability; providing for non-codification and providing for an effective date. Whereas, Quality Real Estate Developers, LLC, applicant and fee simple owner of the real property, totaling approximately 9.36 acres in size and located at 750 W. Fulton Street (Tax Parcel Identification Numbers 25-19-30-300-0160-0000, 25-19-30-502-0000-0050, 25-19-30- 502-0Q00-0060, 25-19-30-502-0000-007 A, 25-19-30-502-oooo-o10A, 25-19-30-502-0000-0010, 25-19-30-514-0000-0030, 25-19-30-S14-oD00-0040 and 25-19-30-S14-00Q0-00SA), 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, PO, Riverscape Condominium Project for 360 units at the site; and Whereas, City staff has reviewed and has subsequently recommended approval of the proposed rezoned to the Planned Development, PO, Riverscape Condominium Project for 360 units at the site 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 the City's Planned Development, PO, Riverscape Condominium Project for 360 units at the site 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 1 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 (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, PO, Riverscape Condominium Project for 360 units at the site 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, PO, Riverscape Condominium Project for 360 units at the site 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 the Planned Development, PO, Riverscape Condominium Project for 360 units at the site and the application to rezone the subject property, as aforesaid, is hereby adopted and approved by the City Commission of the 2 City of Sanford: Beginning at a point 1,246.34 feet North and 25 feet West of the intersection of the center lines of First Street and Holly Avenue, according to E.R. Trafford's Map of the Town of Sanford, as recorded in Plat Book 1, Pages 56-64 and 112, 113, 115, 116 and 117 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. Based on the size, location and possible impact of this project, staff recommends a Fiscal Impact Analysis be performed and furnished to staff prior to final approval; 2. A Development Plan by a Florida registered engineer, will be required to be submitted, reviewed and approved by staff prior to any construction; 3. The site and architectural design of this project must meet the "Riverfronf standards of Schedule U, including but not limited to all buildings being LEED certified; 4. All wet bottom ponds shall require a fountain feature; 5. At the developers expense, W. Fulton Street must be constructed to City standards from the driveway of the development to its intersection with US 17/92 (French Avenue) including, if deemed necessary, a right turn lane; 6. The required improvements to W. Fulton Street shall commence simultaneous with the completion of the project. The improvements to W. Fulton Street shall commence upon completion of the project or during any anticipated delay between phases which exceeds ninety (90) days or more. Interim improvements of W. Fulton Street shall be inspected in accordance with City standards and in the even of inspection failure, the improvements must be reconstructed to meet required City standards before final approval; 7. A construction truck route must be provided as part of the development plans and must be approved by the City Engineer. 8. The southwest portion of the site, labeled 'Future Development,' must be developed as an acceptable commercial use. 9. The architectural renderings as submitted and presented to the City Commission shall be stipulated as part of the PO Master Plan, and; 3 substantial changes must be brought back to the City Commission for approval; 10. Restrict the use of future phase areas as 'open space' that must be maintained by the property owner or property owners association and kept clear of any high growth, trash and debris; 11. Prior to permits being issued a construction schedule that establishes milestones and penalties that have been agreed to by the City Commission and the applicant must be established and followed; 12. A traffic study is required. 13. At the developer's expense, a right turn lane shall be constructed on W. Fulton Street at the intersection of US 17.92 (French Avenue). (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 6. 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. 4 Passed and adopted this 12" day of November, 2007. Attest: ~~~~ d)~Ji) Cynthia Porter, Deputy City Clerk City Commission of the City of Sanford, Florida C -::f2.;,..... ~ ,J -- Li~~a Kuhn, Mayor 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. 4079, Passed and Adopted by the City Commission of the City of Sanford, Florida, on the 12" day of November, 2007, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 14" day of November, 2007. c .~ 9~] Cy~ Porter, Deputy City Clerk of the City of Sanford, Florida 5 LEG'IL DESCRIPTION Lots 5, 6,7 (Less the westerly 8406 fl of said Lot 7), the W 82 ft of Lot 10, and Lot II, LAKE MONROE INDUSTkl.'IL P-\RK. accordll1g lU the pial thereof as recorded 111 PB 14, PG 29, Public Records of SemlOole County, Flonda, and Lots 3, 4, and 8 (Less the westerly 20'106 tt 01 said lot 81. LAKE MONROE INDUSTRIAL PARK AMENDED REPLAT, accordmg to the plat thereof as recorded rn PB 14, PG 78, Public records of Seminole County, Flonda, together wnh that abandoned portion of Maple Concourse between Lots 3 and 4 of LAKE MONROE INDUSTRIAL PARK AMENDED REPLA T, PB 14, PG 78. and between Lots 5, 6, 7 and Lot II, LAKE MONROE INDUSTRIAL PARK, PB 14, PG 29, Seminole County, Flonda TOGETHER WITH Begrnmng at a palm 1.24634/\ N and 25 tt W of the Illtersectlon of the center lines of First Street and Holly Avenue, accordlllg to E R Trafford's Map of the Town olSanlord. as recurded In PB I, PGS 56-04 and 112, 113, liS, J 16 and 117, of the Public Records of Semrnole Count), Flonda, run thence W 200 ft, thence N 267 20 II to the Souther I \ R ,0, V' line of Ij S Hlghwa) 17/92, thence S 85004' E along said R-O-W Irne 16678 It to a pornt on the arc of a curve concave to the SW haVing d radiUS 01866 71 n. thence Southeasterly along saId curve 35.35 It to a pomt 242 75 It N of the POB and 66 ft W of the W Ime of BLK 3 N, TR 10 of said E R Trafford' > Map of [he T,,)V,n or Sanford, thence S 242 75 ft to the POB. (Parcel Numbers 25-19-30-300-0160-0010, 25-19-30-502-0000-0050, 25-19-30-502-0000-0060, 25-19,30,502,0000,007;\, 25,19 30- 502,0000-0 lOA, 25,19-30,502,0000-0110, 25,19-30-514-0000-0030, 25-19- 30-514-0000-0040, and 25,19, 30, 514-0000,008A) __NW US HWY 17 & 92 I Water Treatm~nt \ Plant LAKE MONROE Sanford ,Herald : L--~__~____j I I J FULTON ST I,J 111--L,~ ~ i _u_ >I I L.J l------.J ~I I w L_ [IJ~I J [=l r-l~~..... UJJ ITlJJJ [l;'-Eleven I L~ I--~- W 1Urfu DILTI [I] >[.LJ . ljB~1 I~R[J o z w ~ LL. -~ Sailpointe Apartments Public W rks Complex I I I f-~-,~- I CPH,l: I I Englheers ~_L_--.1~ I I> I~' I I I I 0:: ~ -~~....I. - j----j ~, i .:J : c..1 : 01 i c..1 I -'--. D'.' I , ; , I : ~;!I i I J ...l___~ Site 750 West Fulton Street Parcel No: 25-19-30-390-0160-0010 25-19-30-502-0000-0050 25-19-30-502-0000-0060 25-19-30-502-0000-007 A 25-19-30-502-0000-010A 25-19-30-502-0000-0110 25-19-30-514-0000-0030 25-19-30-514-0000-0040 25-19-30-514-0000-008A Ij ~ r---- W .:1 c.. <( :E