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Home My WebLink About4127 ORDINANCE NO. 2008-4127 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA REZONING PROPERTIES (APPROXIMATELY 7.76 ACRES IN SIZE) LOCATED AT ADDRESS 2955 SANFORD AVENUE WITHIN THE CITY OF SANFORD (TAX 10 PARCEL NUMBERS 06-20-31-300-0060-0000, 06-20-31-300- 0070-0000, 06-20-31-300-0090-0000, AND 06-20-31-506-0000-00A2) FROM SINGLE FAMILY RESIDENTIAL (SR-1) TO GENERAL COMMERCIAL (GC-2); PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING SPECIFIC 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, Avila Rolando, applicant and fee simple owner of the real properties, totaling approximately 7.76 acres, more or less, in size and located at address 2955 Sanford Avenue, Sanford, Florida (Tax Parcel Identification Numbers 06-20-31-300- 0060-0000, 06-20-31-300-0070-0000, 06-20-31-300-0090-0000, AND 06-20-31-506- 0000-00A2), 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 Single Family Residential (SR-1) to General Commercial (GC-2) with approved uses as stated, and subject to specific conditions, for consistency with its future land use designation for the construction of Skyway Plaza, a mixed use development to include a hotel and an office/retail complex and the adjacent properties dedicated for conservation easement; and Whereas, City staff has reviewed and has subsequently recommended approval of the proposed rezoning to General Commercial (GC-2) with approved uses as stated, subject to specific conditions, for consistency with its future land use designation and the adjacent properties; and Whereas, on July 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) designation 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, the recommendations of the Planning and Zoning Commission, and the City Commission agenda memorandum with attachments relating to the application and 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) designation for the construction of Skyway Plaza, a mixed use development to include a hotel and an officelretail complex with dedicated conservation area is consistent with its Ordinance No. 2008-4127 Page 2 of 6 future land use designation and the adjacent properties 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 properties to the General Commercial (GC-2) designation for the construction of Skyway Plaza, a mixed use development to include a hotel and an office/retail complex with dedicated conservation area 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 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 General Commercial (GC-2) for the construction of Skyway Plaza, a mixed use development to include a hotel and an officelretail complex with dedicated conservation area 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: 06-20-31-300-0060-0000: Section 06, Township 20 South, Range 31 East, North 104.25 feet of South 522.5 feet of West 208 feet of Southwest X (Less road on West) 06-20-31-300-0070-0000: Section 06, Township 20 South, Range 31 East, North 104 X feet of South 418.25 feet of West 208 feet of Southwest X (Less road) Ordinance No. 2008-4127 Page 3 of 6 06-20-31-300-0090-0000: Assessed with 06-20-31-506- 0000-00A2 Section 06, Township 20 South, Range 31 East, North 417 feet of South 731 feet of East 208 feet of West 416 feet (Less North 60 feet) 06-20-31-506-0000-00A2: West 350 feet of Lot A (Less road on South) and Lot B (Less East 35 feet of North 35 feet of South 68 feet and North 74.97 feet), LORDLAND Plat Book 8, Page 89 (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 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 following specific conditions and such other conditions as shall be imposed by the City Commission, to wit: 1. A Development Plan by a Florida registered engineer, will be required to be submitted, reviewed and approved by staff prior to any construction; 2. No City permits for demolition, earthwork, development or construction shall issue until all required Federal, State and Local permits are obtained; 3. All wet bottom ponds require a fountain feature; 4. All buildings must be constructed for LEED certification, Florida Green or equivalent energy saving design; 5. For traffic and safety reasons the City retains complete authority to approve the design and location of all driveways and all access points; 6. During Development Plan review the applicant will work with staff to mitigate any real or perceived impacts of this development as revealed during the CAPP meeting. If staff and the applicant are unable to work out specific acceptable details, the request will be returned to the Planning and Zoning Commission for review de novo; 7. A height variance to 98 feet is approved only for the hotel; Ordinance No. 2008-4127 Page 4 of 6 8. The applicant will work with staff to increase horizontal and vertical articulation and if they can't agree, the project will go back to the Planning and Zoning Commission for a hearing de novo; 9. 9 x 20 feet parking stalls are approved only in the outer half of the parking lot; the half closest to the buildings must have 10 x 20 feet parking stalls. (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. 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 properties shall not be deemed to be assigned the PD zoning classification until all implementing actions are taken and conditions fulfilled as set forth herein. Passed and adopted this 25th day of August, 2008. Ordinance No. 2008-4127 Page 5 of 6 Attest: City Commission of the City of Sanford, Florida ,. .~ ~.JfJw~~ ' Janet Dougherty, Ci. Clerk '. 1./ ~"" ...... '..1....~/. . -_.:><-.. ~ ---, ......------ Linda KuPm, Mayor I 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. 4127, Passed and Adopted by the City Commission of the City of Sanford, Florida, on the 25th day of August, 2008, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 27th day of August, 2008. Ordinance No. 2008-4127 Page 6 of 6 I I~ \ -- GC-2 liiil RI-~ I'" I- II I-- ~ it c_ 1- SIt-1 _. 1I11III '-- I... I'" Ii: I- e.-- \ I~ I.. ,.... I- ... '\ -)CJ -- IIIII!! lei St -"] A4 I' I\: IIIl I---- I-- ~ SITE ~ '" - f---- E 29TH ST T1\~ ~ I-- 1:::1 I-- . ~K-" .. I I--- , i I . , R-~ I - I------ ~t S - I"'" .~~ / ..... f-- ..-:;; lIIiII ~ T wa ~ ~ ,. : ~5A \~ ~ :> .~ t1l -1 \ a:: 1 iii , \:E m I I&. E. AIRPORT--BI:VD ~ Z I lBIIIIIE n JlI CC U) GC-2 / ... [I~I ~ III . I ~ ~ ./ I /~ f:= \ I ~BIIIIIEBIIIIIE [ IUBIIIIIE BIIIIIE_ . 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