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ORDINANCE NO. 2008- 4109
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA REZONING
PROPERTIES (APPROXIMATELY 0.35 ACRES IN SIZE) LOCATED AT
111 NORTH PALMETTO AVENUE WITHIN THE CITY OF SANFORD
(TAX 10 PARCEL NUMBERS 25-19-30-5AG-0201-0120 AND 25-19-30-
5AG-0201-0140) FROM PLANNED DEVELOPMENT (PO) TO PLANNED
DEVELOPMENT (PO); 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, Wilson Center, Inc., applicant and fee simple owner of the real
properties, totaling approximately 0.35 acres more or less in size and located at 111
North Palmetto Avenue (Tax Parcel Identification Numbers 25-19-30-5AG-0201-0120
and 25-19-30-5AG-0201-0140), 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 their properties rezoned from Planned Development (PO) to Planned Development
(PO) with approved uses for consistency with its future land use designation of
Waterfront Downtown Business District (WDBD) designation and the adjacent
properties; and
Whereas, City staff has reviewed and has subsequently recommended approval
of the proposed rezoning to Planned Development (PO) with approved uses as stated,
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 Planned Development (PO) as stated, 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 Planned Development (PO)
for a retail I commercial I residential mixed use project 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. 2008-4109
Page 2 of 6
(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 Planned Development (PO) for
a retail j commercial j residential mixed use project subject to specific conditions, 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 Propertiesllmplementing 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
Planned Development (PO) for a retail j commercial j residential mixed use project
subject to specific conditions 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:
Lot 12 and the South 19 feet of Lot 13 and the East 2 feet of
St adjacent on the West, Block 2, Tier 1, TOWN OF
SANFORD, as recorded in Plat Book 1, Page 58.
and
Lots 14 and 15 and the North 12 feet of lot 13 and the East 2
feet of St adjacent on the West, Block 2, Tier 1, TOWN OF
SANFORD, as recorded in Plat Book 1, Page 58.
(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.
Ordinance No. 2008-4109
Page 3 of6
(c) A Development Order with specific conditions 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 foNowi g specific conditions:
1. Pursuant to the Land Development Regulations Section 4.3.G the Planned
Development Rezone shall expire three years from the effective date of
the approval of the Ordinance by the City Commission if substantial
completion has not been accomplished.
2. The designated delivery parking on Commercial Street shall be a
maximum of 30 feet in length, measured from the new drive entry going
towards the west and shall have a posted time limit of 15 mares.
3. The existing alley entrance shall be reconstructed to avoid conflicts with
the entrance to the gated parking area.
4. Approval of the proposed Planned Development Master Plan does not
guarantee the location, number or design of any on- street parking spaces
shown. The City retains complete authority for the design and use of on
street parking at anytime.
5. If the City allows or requires any improvements to or on City owned
property, said improvements must be completed, inspected and approved
by the City before any Certificates of Occupancy can be issued.
6. Storrnwater issues (i.e. stormwater credits vs on -site storage) must be
resolved before a Site Development Permit can be issued.
7. No City permits for demolition, earthwork, development or construction
may be issued until all required Federal, State and Local permits are
obtained.
8. Construction is allowed only between the hours of 7 AM and 7 PM,
Monday thru Friday and construction activities must be suspended on
accepted legal holidays or other days as may be designated by the City.
9. Construc=tion staging areas, vehices, equipment and material storage and
construction trailers must be on site and cannot encroach on the existing
parking areas or lessen the number of public parking spaces, no
construction equipment or materials may be stored in to right of way.
Ordinance No 20011.4109
Page 4 d d
10. It is the responsibility of the developer to obtain approval from Public
Works for any temporary road closures.
11. All rooftop appurtenances must be screened from view at the property
line.
12. Prior to issuance of a Certificate of Occupancy, all City streets adjoining
the project must be inspected by City staff and damages repaired and if
necessary, streets resurfaced to City standards at the developer's
expense.
13. A construction truck and/or vehicle route will be required to be submitted
and approved as a part of the Development Plan submittal process. The
route shall specifically prohibit use of Seminole Boulevard and the
downtown portions of 1 st Street.
14. Any visible portion of the roof (parapet, hiproof, built up roof) must include
tile treatment that is approved by the Historic Preservation Board.
15. Should the staff and the applicant fail in their attempt to work out
acceptable specific 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 these properties and project 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.
Ordinance No. 2008-4109
Page 5 of6
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 properties shall not be
deemed to be assigned the PO zoning classification until all implementing actions are
taken and conditions fulfilled as set forth herein.
Passed and adopted this 14th day of July, 2008.
Attest:
City Commission of the City of
Sanford, Florida
9tf!Ii< .IJwK~
Janet Dougherty, Cit lerk
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Linda hn, Mayor
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. 4109, Passed and Adopted
by the City Commission of the City of Sanford, Florida, on the 14th day of July, 2008,
was posted at the front door of the City Hall in the City of Sanford, Florida, on the 1~h
day of July, 2008.
Ordinance No. 2008-4109
Page 6 of 6
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111 N Palmetto Avenue
Parcel Nos: 25-19-30-5AG-0201-0120
25-19-30-5AG-0201-0140
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d On the 14th day of July, 2008, the City of Sanford issued this Planned Development
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~ Order relating to and touching and concerning those real properties described in the
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"E~ attached Composite Exhibit A which is incorporated herein by this reference.
i , Property Owners: Wilson Center, Inc.
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0 541 North Palmetto Avenue, Suite 105
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u Sanford, Florida 32771
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Q Project Name: Sanford Lofts
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8 111 North Palmetto Avenue
] Sanford, Florida 32771
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J Requested Approval: Rezoning to the Planned Development (PO) mixed use
! development with residential and commercial/retail use
The Planned Development approval sought is consistent with the Future Land Use
i
j Designation, the City of Sanford Comprehensive Plan, the Land Development Regulations
t:\.o of the City of Sanford, the controlling provisions of State law and the ultimate development
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J of the properties wiD be subject to and consistent with and in compliance with applicable
i land development regulations and all other applicable regulations and ordinances as set
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.D forth in the Code of Ordinances of the City of Sanford, Florida and specifically Ordinance
J No. 2008-4109 as adopted by the City Commission on July 14, 2008.
~
The Owner of the properties has expressly agreed to be bound by and subject to the
development conditions and commitments stated below and has covenanted and agreed to
comply with all the conditions as set forth in Paragraph (3) below.
PLANNED DEVELOPMENT ORDER
NOW, THEREFORE, IT IS ORDERED AND AGREED THAT:
(1) The aforementioned application for Planned Development approval is
GRANTED.
(2) All development of the properties shall fully comply with all of the codes and
ordinances in effect in the City of Sanford, Florida, at the time of issuance of the Planned
Development Order and/or the development permit.
(3) The conditions upon this Planned Development approval and the
commitments made as to this development approval, which have been accepted by and
agreed to by the OWner of the properties are as follows:
(a) Pursuant to the Land Development Regulations Section 4.3.G the
Planned Development Rezone shall expire three years from July 14,
2008, the effective date of Ordinance No. 2008-4109 ad adopted by
the City Commission if substantial completion has not been
accomplished.
(b) The designated delivery parking on Commercial Street shall be a
maximum of 30 feet in length, measured from the new drive entry
going towards the west and shall have a posted parking time limit of
15 minutes.
(c) The existing alley entrance shall be reconstructed so as to avoid
conflicts with the entrance to the gated parking area.
(d) Approval of the proposed Planned Development Master Plan does not
guarantee the location, number or design of any of the on-street
parking spaces shown. The City retains complete authority for the
design and use of on street parking at anytime.
~
(e) If the City allows or requires any improvements to or on City owned
property, said improvements must be completed, inspected and
approved by the City before any Certif'lCates of Occupancy can be
issued.
(f) Stormwater issues (i.e. stormwater credits vs. on-site storage) must
be resolved before a Site Development Permit can be issued.
(g) No City permits for demolition, earthwork, development or
construction may be issued until all required Federal, State and Local
permits are obtained.
(h) Construction is allowed only between the hours of 7 AM and 7 PM,
Monday thru Friday and construction activities must be suspended on
City designated legal holidays or such other days as may be
designated by the City.
(i) Construction staging areas, vehicles, equipment and material storage
and construction trailers must be located on site and cannot encroach
on the existing parking areas or lessen the number of public parking
spaces; that no construction equipment or materials may be stored in
the right of way.
0) It is the responsibility of the developer to obtain approval from the
Public Works Department for any temporary road closures.
(k) All rooftop appurtenances must be screened from view at the property
line.
(I) Prior to issuance of a Certificate of Occupancy, all City streets
adjoining the project must be inspected by City staff and damages
repaired and if necessary, streets resurfaced to City standards at the
developer's expense.
(m) A construction truck and/or vehicle route will be required to be
submitted and approved as a part of the Development Plan submittal
process. The route shall speCifically prohibit use of Seminole
Boulevard and the downtown portions of 18t Street.
(n) Any visible portion of the roof (parapet, hip roof, built up roof) must
include tile treatment that is approved by the Historic Preservation
Board.
Page 3 of 5
~
(0) Should the staff and the applicant fail in their attempt to work out
acceptable specific details, the request for rezoning will be retumed to
the Planning and Zoning Commission for their review, approval, and
recommendation de novo to the City Commission.
(4) This Planned Development Order touches and concerns the aforedescribed
real properties as described in the attached Composite Exhibit A. The Owner of the
properties does hereby expressly covenant and agree by the execution of this Planned
Development Order to each and every provision and all of the terms and conditions of this
Planned Development Order which shall bind all successors and assigns as owners of the
subject real properties.
(5) This Planned Development Order shall, subsequent to appropriate execution
by all parties thereto, be recorded amongst the Official Records of Seminole County,
Florida (Land Records) by the City Clerk.
(6) The terms and provisions of this Planned Development Order are not
severable and in the event any portion of this Planned Development Order shall be found
to be invalid or illegal, then the entire Planned Development Order shall be null and void.
Done and Ordered on the date first above written.
As approved and authorized for
execution by the City Commission of
the City of Sanford at its regular
meeting of July 14, 2008.
Attest; City of Sanford, Florida
~~~ C ~ -J~__ .L
Linda Kuh . Mayor
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OWNER'S CONSENT AND AGREEMENT
IN WITNESS WHEREOF, the Owner consents and agrees to each and every term
and condition of this Planned Development Order and have hereunto set their hand and
seal the day and year shown.
~ Wilson Center, Inc.
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Date
Si ture
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
I HEREBY CERTIFY that, on this day, before me, an officer duly authorized in the
State and County aforesaid to take acknowledgments, personally appeared Robert Horian,
to me known to be the person described in and who executed the foregoing instrument on
behalf of Wilson Center, Inc. and he acknowledged before me that he executed the same
with full authority to bind Wilson Center, Inc.
Witness my hand and official seal in the County and State aforesaid this Z~ da
of Ss:.fT ,2008.
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EXHIBIT A
LEGAL DESCRIPTION
Lot 12 and the South 19 feet of Lot 13 and the East 2 feet of
St adjacent on the West, Block 2, Tier 1, TOWN OF
SANFORD, as recorded in Plat Book 1, Page 58.
and
Lots 14 and 15 and the North 12 feet of lot 13 and the East 2
feet of SI adjacent on the West, Block 2, Tier 1, TOWN OF
SANFORD, as recorded in Plat Book 1, Page 58.
COMPOSITE EXHIBIT A ~
Page 2 of2
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EXHIBIT B
JOINDER
The below owner and holder of an encumbrance which affects the real property
described in the attached Exhibit A consents to and agrees to be bound by each and
every of the tenns of this Planned Development Order with full knowledge of the project
and its intended development and use.
.~__~-- // Encum.....nce Holder
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L----~ Signature
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Printed Name Printed Name
;K€J'/.()E~r
Title
G~/ ~ ~nz>
Address
fAY~1J Ft. 3'271/
City, State, Zip
~() 7 6887bC/V
Telephone
f/2.~/og
Date
EXHIBIT B ^ ~
Page1of1 ~/