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HomeMy WebLinkAbout4105 ORDINANCE NO. 2008-4105 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA REZONING PROPERTY (APPROXIMATELY 11.40 ACRES IN SIZE) LOCATED AT 2962 BEARDALL AVENUE, 2972 BEARDALL AVENUE, 3100 CAMERON AVENUE, 3160 CAMERON AVENUE, 3170 CAMERON AVENUE AND TWO UNNUMBERED ACREAGE LOTS ON CAMERON AVENUE WITHIN THE CITY OF SANFORD (TAX 10 PARCEL NUMBERS 04-20-31-300-0390-0000, 04-20-31-300-039A-0000, 04-20- 31-300-039B-0000, 04-20-31-300-039C-OOOO, 03-20-31-5A Y -0000-0080, 03-20-31-5A Y -0000-008B, 03-20-31-5A Y -OOOO-008C, 03-20-31-5A Y- 0000-0080, AND 03-20-31-5AY-OOOO-OO8E) FROM AGRICULTURE (AG) TO RESTRICTED INDUSTRIAL (RI-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, the Sanford Airport Authority, applicant and fee simple owner of the real properties, totaling approximately 11.40 acres more or less in size and located at 2962 Beardall Avenue, 2972 Beardall Avenue, 3100 Cameron Avenue, 3160 Cameron Avenue, 3170 Cameron Avenue and two unnumbered acreage lots on Cameron Avenue (Tax Parcel Identification Numbers 04-20-31-300-0390-0000, 04-20-31-300- 039A-0000 04-20-31-300-039B-OOOO 04-20-31-300-039C-0000 03-20-31-5A Y -0000- , , , 0080, 03-20-31-5A Y -0000-008B, 03-20-31-SA Y -OOOO-008C, 03-20-31-5A Y -0000-008D, AND 03-20-31-5AY-0000-008E), 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 to have its property rezoned from Agriculture (AG) to Restricted Industrial (RI-1); and Whereas, City staff has reviewed and has subsequently recommended approval of the proposed rezoning to Restricted Industrial (RI-1); and Whereas, on March 20, 2008, the Planning and Zoning Commission recommended the application be approved subject to a specific Development Plan condition; and Whereas, the City Commission has determined that the proposed action of rezoning the subject property to the Restricted Industrial (RI-1) as recommended 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, the Planning and Zoning Commission recommendations, and the City Commission agenda memorandum with attachments relating to the application germane to the proposed rezoning of the subject properties. (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) This rezoning action will not adversely affect the orderly development of the City of Sanford. Ordinance No. 2008-4105 D...,.,,, ., ...f: A (e) The zoning of the subject properties to Restricted Industrial (RI-1) as recommended will not adversely affect the health and safety of the residents, workers, or activities in the area proximate to the properties described in this Ordinance and will not be detrimental to the use of adjacent properties or the general area within which the subject properties are located. Section 2. Rezoning of Real Propertyllmplemen~ing Administrative Actions. (a) Upon enactment of this Ordinance, and the implementing actions relating to the zoning as set forth herein, the following properties shall be rezoned to the Restricted Industrial (RI-1) and the application to rezone the subject properties, as aforesaid, is hereby adopted and approved by the City Commission of the City of Sanford to wit: COMPOSITE EXHIBIT A (pages 1 through 10) subject to the specific condition that a Development Plan, prepared under seal by a Florida registered engineer, will be required to be submitted, reviewed, and approved by the staff of the City of Sanford prior to any development or use of the sites as described. (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. 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 Ordinance No. 2008-4105 D...",..1""lt. '2 "oF A 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 RI-1 zoning classification until all implementing actions are taken and conditions fulfilled as set forth herein. Passed and adopted this 28th day of April, 2008. Attest: City Commission of the City of Sanford, Florida ~'"'\~--1L () ~-, Cyntnia 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. 4105, Passed and Adopted by the City Commission of the City of Sanford, Florida, on the 28th day of April, 2008, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 30th day of April, 2008. C-<-?JJ-~ G?~l) Cynthia Porter, Deputy City Clerk of the City of Sanford, Florida Ordinance No. 2008-4105 D...."'" A "f. A EXHIBIT A - ,I : I PROPERTY 1.0. # PROPERTY OWNER ~ b- -- - - ! 1 104-20-31-3oo-039B-0000 SANFORD AIRPORT 2 , 04-20-31-300-0390-0000 I AUTHORITY 3 Q4-20-31-300-039C-0000 I 4 Q4-20-31-300-039A-00OO 5 I 03-20-31-5A Y -oOOO-008E I 6 : 03-20-31-5AY-0000-008B I SANFORD AIRPORT 7 I 03-20-31-5AY-0000-008C AUTHORITY 8 03-20-31-5A Y -0000-0080 I 9 I 03-20-31-5A Y -0000-0080 I 2962 BEARDALL AVE I BEARDALL AVE I 2972 BEARDALL AVE CAMERON AVE S CAMERON AVE S '3100 CAMERON AVE S 3160 CAMERON AVE I ~ 3150 CAMERON AVE co Page 1 of 10 'I 1-- --1'- , I , , Il I -- +- -, I I I A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 AG AG 1.29 3.59 LEGAL DESCRIPTION 2962 BEARDALL AVENUE 04-20-31-300-0390-0000 LEG SEe 041WP 20S RGE 31E N 79.88 FT OF S 209.88 FT OF E 382 FT OF SW 1/4 (lESS RD) COMPOSITE EXHIBIT "A" Page 2 of 10 LEGAL DESCRIPTION 2972 BEARDALL AVENUE 04-20-31-300-039A-OOOO LEG SEe 041WP 20S RGE 31E S 105 FT OF E 440 FT OF SW 1/4 (LESS E 25 FT FOR RD) COMPOSITE EXHIBIT "A" Page 3 of 10 LEGAL DESCRIPTION 2972 BEARDALL AVENUE 04-20-31-300-0398-0000 LEG SEe 04 TWP 20S RGE 31E BEG 440 FT W OF S 1/4 eOR RUN W 190 FT N 210FT E 248 FT S 80 FT W 58 FT S 130 FT TO BEG COMPOSITE EXHIBIT" A" Page 4 of 10 LEGAL DESCRIPTION 2972 BEARDALL AVENUE 04-20-31-300-039C-0000 LEG SEe 041WP 20S RGE 31E N 25 FT OF S 130 FT OF E 440 FT OF SW 1/4 (LESS RD) COMPOSITE EXHIBIT "A" Page 5 of 10 LEGAL DESCRIPTION 3160 CAMERON AVENUE 03-20-31-5A Y -0000-0080 LEG PT OF LOT 8 DESC AS BEG 220 FT S OF NW COR RUN E 329.4 FT S 175 FT E 290.6 FT S 100 FT W 375 FT S 150 FT W 245 FT N 440 FT TO BEG SANFORD CELERY DELTA PB 1 PGS 75 & 76 COMPOSITE EXHIBIT "An Page 6 of 10 LEGAL DESCRIPTION CAMERON AVENUE SOUTH 30-20-31-5A Y -0000-0088 LEG N 128 FT OF W 89 FT OF E 232 FT OF LOT 8 SANFORD eELERY DELTA PB 1 PGS 75 + 76 COMPOSITE EXHIBIT "A" Page 7 of 10 LEGAL DESCRIPTION 3100 CAMERON AVENUE SOUTH 30-20-31-5A Y -0000-008C LEG N 220 FT OF E 290.6 FT OF LOT 8 (LESS N 128 FT OF W 147.6 FT) SANFORD CELERY DELTA PB 1 PGS 75 & 76 COMPOSITE EXHIBIT "A" Page 8 of 10 LEGAL DESCRIPTION 3170 CAMERON AVENUE SOUTH 30-20-31-5A Y -0000-0080 LEG S 150 FT OF E 400 FT OF LOT 8 (LESS E 25 FT FOR RD) SANFORD CELERY DELTA PB 1 PGS 75 & 76 COMPOSITE EXHIBIT" An Page 9 of 10 LEGAL DESCRIPTION CAMERON AVENUE SOUTH 30-20-31-5A Y -0000-008E LEG PT OF LOT 8 DESC AS BEG NW COR RUN E 413 FT S 128 FT W 58.6 FT S 242 FT E 265.6 FT S 25 FT W 290.6 FT N 175 FT W 329.4 FT N 220 FT TO BEG (2.215 Ae) SANFORD CELERY DELTA PB 1 PGS 75 & 76 COMPOSITE EXHIBIT" An Page 10 of 10