The URL can be used to link to this page

Home My WebLink About4102 ORDINANCE NO. 4102 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA REZONING PROPERTY (APPROXIMATELY 0.18 ACRE IN SIZE) LOCATED AT 2612 HIAWATHA AVENUE WITHIN THE CITY OF SANFORD (TAX ID PARCEL NUMBER 01-20-30-504-1800-0040) FROM SINGLE FAMILY RESIDENTIAL (SR-1) TO RESTRICTED COMMERICAL (RC-1); PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING CONDITIONS; 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, Felipe K. DeRivero, applicant and fee simple owner of the real property, totaling approximately 0.18 acre more or less in size and located at 2612 Hiawatha Avenue (Tax Parcel Identification Number 01-20-30-504-1800-0040), following implementation of the Citizen Awareness and Participation Plan (CAPP), generated and advanced to the City of Sanford, pursuant to the controlling provisions of State law and the Code of Ordinances of the City of Sanford and the CAPP to have his property rezoned from Single Family Residential (SR-1) to Restricted Commercial (RC- 1 ) for consistency with its future land use designation and the adjacent property; and Whereas, City staff has reviewed and has subsequently recommended approval of the proposed rezoning to Restricted Commercial (RC-1 ) subject to specific conditions, for consistency with its future land use designation and the adjacent property; and Whereas, on February 21, 2008, 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 Restricted Commercial (RC-1) is consistent with its future land use designation, the Comprehensive Plan of the City of Sanford, the Land Development Regulations of the City of Sanford, and adjacent uses 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. (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 recommendations 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 Restricted Commercial (RC- 1) to construct a 5,000 square foot (more or less) office building is consistent with its future land use designation and the adjacent property and 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 Restricted Commercial (RC-1) to Ordinance No. 4102 Page 2 of 5 construct a 5,000 square foot (more or less) office building 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/lmplementing 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 Restricted Commercial (RC-1) to construct a 5,000 square foot (more or less) office building and the application to rezone the subject property, as aforesaid, is hereby adopted and approved by the City Commission of the City of Sanford to wit: Lot 4, Block 18, DREAMWORLD, according to plat recorded in Plat Book 3, Pages 90 and 91, 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) A 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) Prior to construction, a unity of fee simple title must be created with the property bearing the address 2620 Hiawatha Avenue; and (2) A Development Plan prepared by a Florida registered engineer will be required to be submitted, reviewed, and approved by staff prior to any construction on site or any use of the building as a commercial operation; and Ordinance No. 4102 Page 3 of 5 (3) Urban Infill Redevelopment flexibility may be subject to implementation in the design of the site for parking with full approval of the staff and the applicant. Should the staff and the applicant fail in their attempt to work out acceptable specific parking details, the request for rezoning will be returned to the Planning and Zoning Commission for their review, approval, and recommendation de novo, (d) The development order relating to this property and project, 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. 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 RC-1 zoning classification until all implementing actions are taken and conditions fulfilled as set forth herein. Passed and adopted this 14th day of April, 2008. Ordinance No. 4102 Page 4 of 5 Attest: City Commission of the City of Sanford, Florida -Of1-tYf( . A :Janet Dougherty, Cit <~hn, M.;.yord.\ ~ -- 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. 4102, Passed and Adopted by the City Commission of the City of Sanford, Florida, on the 14th day of April, 2008, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 16th day of April, 2008. "\ It@< . /l ; ~ J net R Dougherty, Cit City of Sanford, Florida Ordinance No. 4102 Page 5 of 5 III II~ OSCEOLA DR f-------- f------- f-------- f------- f------- I--- f------- v~ V - ~ ~ i ::I: o :E --- f I I i --1 I ~I -1 I I I i > ! <( / I~ I'~ ------- ---J <( , ~ 'y/ ::I: -/ ;/ I- ~it. /~~ ~~y( ~ ~~\ \ ::! ~~ \ )~.;t ~~ JY- J ~. ~--~ / I ) ~dk _~__L__ 1....1'- SITE , I I ~~ U ~ 5 -1 ~I( ~~ ~ t/) - o :) CJ o ~ - ~.~- 2 -DESOTO'---o~ ~ ~ Site 2612 Hiawatha Avenue Parcel No: 01-20-30-504-1800-0040 / Q~ ( ~o ;/ ~ o ~ ::I: (J Z W ~ U. GC-2 LV; / f - 5= -1