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HomeMy WebLinkAbout4110 ORDINANCE NO. 4110 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA REZONING PROPERTIES (APPROXIMA TEL Y 1.12 ACRES IN SIZE) LOCATED AT 2016 OLD LAKE MARY ROAD WITHIN THE CITY OF SANFORD (TAX 10 PARCEL NUMBERS 35-19-30-300-025B-OOOO AND 35-19-30-300- 0250-0000) FROM AGRICULTURAL (AG) TO GENERAL COMMERICAL (GC-2); 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, Bent Palm lake Mary Partners, applicant and fee simple owner of the real properties, totaling approximately 1.12 acres more or less in size and located at 2016 Old lake Mary Road (Tax Parcel Identification Numbers 35-19-30-300-025B-0000 and 35-19-30-300-0250-0000), 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 their properties rezoned from Agricultural (AG) to General Commercial (GC-2) for consistency with its future land use designation and the adjacent properties; and Whereas, City staff has reviewed and has subsequently recommended approval of the proposed rezoning to General Commercial (GC-2) subject to specific conditions, for consistency with its future land use designation and the adjacent properties; and Whereas, on April 17, 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 properties to the General Commercial (GC-2) 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 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) Development pursuant to the rezoning to the General Commercial (GC-2) to construct an 11,220 square foot officelwarehouse building with all associated site improvements is consistent with its future land use designation and the adjacent properties and will comply with the City's land Development Regulations and the conditions as applied. Ordinance No. 2008-4110 0"",.."", " ".f. c:. (e) This rezoning action will not adversely affect the orderly development of the City of Sanford. (f) The zoning of the subject properties to the General Commercial (GC-2) to construct an 11,220 square foot office/warehouse building with all associated site improvements will not adversely affect the health and safety of the residents or workers 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 Properties/Implementing 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 General Commercial (GC-2) to construct an 11,220 square foot officelwarehouse building 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: Section 35, Township 19 South, Range 30 East, beginning 1282.8 feet East & 318.5 feet North of the Southwest corner, then run North 100 feet, 88 feet South, 100 feet West, 88 feet to the point of beginning. and Section 35, Township 19 South, Range 30 East, beginning 1106.82 feet East and 197 feet North of the Southwest corner of Section, then run North 215.5 feet East, 101.42 feet South, 11 feet East, 62 feet South, 100 feet East, 88 feet North, 111 feet North, 12.58 feet South, 165.5 feet West, 132 feet South, 50 feet West, 132 feet to the point of beginning. Ordinance No. 2008-4110 0",_,...., ~ ",.f.e:: (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. Indoor storage or warehouse uses of non-hazardous materials are allowed. There shall be no outdoor storage or outside activities conducted at anytime; 2. A Development Plan drawn 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; 3. Because of the proposed reduced buffers, a 6 foot decorative opaque fence (ie, commercial grade vinyl fence) or wall along with required landscaping shall be installed along the property lines adjacent to the residential properties. However, the type and location of the visual screening may be modified if approved by staff and the adjacent residential property owners in writing. 4. Foundation landscaping along the building elevation fronting Old lake Mary Boulevard shall be provided. 5. The developer shall work with staff to increase architectural details or fa~de details along elevation adjacent to Old lake Mary Road, but if staff and the applicant are unable to work out specific details, the request will be returned to the Planning and Zoning Commission for review. 6. Urban Infill Redevelopment flexibility may be exercised in the design of the site, but if staff and the applicant are unable to work out specific details, the request will be returned to the Planning and Zoning Commission for review. 7. A truck turning diagram (for a trash and a 30 ft. box delivery truck size) is required to be placed on the site plan. 8. A sign stating "No semi tractor-trailer deliveries" shall be installed. Ordinance No. 2008-4110 D.....,.." A ",.f. c:. Passed and adopted this 9th day of June, 2008. Attest: City Commission of the City of Sanford, Florida ~(?~, ~ ~ L' ~.- - Cynt la Porter, Acting City Clerk Lind Kuhn, Mayor ' Certificate I, Cynthia Porter, Acting City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 4110, Passed and Adopted by the City Commission of the City of Sanford, Florida, on the 9th day of June, 2008, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 11th day of June, 2008. C~~ (f,,~~ CyntHia Porter, Acting City Clerk of the City of Sanford, Florida Ordinance No. 2008-4110 o-"",,..,,,t::. ",<Fe:. MI-2 GC-2 CLUB R NOT IN CITY RI-1 GC-2 Dill Properties Uncle Bob's LLC (aka Sovran) . SITE I Self Storage NOT IN CITY JJ Cars Semino e County C-1 Animal AG NOT Hospita IN CITY NOT 3: ----- - -- --- --- - - -- ~ , IN = GC-2 i CITY Site i 2016 Old Lake Mary Road < Parcel Nos: 35-19-30-300-0250-0000 :II 35-19-30-300-0258-0000 ! a --,---_._-~-_._._._-- - COMPOSITE EXHIBIT A Page 1 of 2 EXHIBIT A LEGAL DESCRIPTION Section 35, Township 19 South, Range 30 East, beginning 1282.8 feet East & 318.5 feet North of the Southwest corner, then run North 100 feet, 88 feet South, 100 feet West, 88 feet to the point of beginning. and Section 35, Township 19 South, Range 30 East, beginning 1106.82 feet East and 197 feet North of the Southwest corner of Section, then run North 215.5 feet East, 101.42 feet South, 11 feet East, 62 feet South, 100 feet East, 88 feet North, 111 feet North, 12.58 feet South, 165.5 feet West, 132 feet South, 50 feet West, 132 feet to the point of beginning. COMPOSITE EXHIBIT A Page 2 of 2