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Home My WebLink About4099 ORDINANCE NO. 4099 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA REZONING PROPERTY (APPROXIMA TEL Y 9.5 ACRES IN SIZE) LOCATED AT 1715 FRENCH AVENUE WITHIN THE CITY OF SANFORD (Parcel IDs 36-19-30-505-0000-0580, 36-19-30-505-0000-0390, AND 36-19-30-505- 0000-0110) FROM PLANNED DEVELOPMENT SR-1A AND GENERAL COMMERICAL TO PARKS, RECREATION, OPEN SPACES (PRO); PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; 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 City of Sanford, Florida, applicant and fee simple owner of the real property, totaling approximately 9.5 acres in size and located at 1715 French Avenue (Tax Parcel Identification Numbers 36-19-30-505-0000-0580, 36-19-30-505-0000-0390, and 36-19-30-505-0000-0110), staff 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 to Parks, Recreation, Open Spaces (PRO) for continuing use as a park and open space; and Whereas, City staff has reviewed and has subsequently recommended approval of the proposed rezoning Parks, Recreation, Open Spaces (PRO) for continuing use as a park and open space; and Whereas, on December 6, 2007, the Planning and Zoning Commission considered four options for rezoning and staff has suggested the application be approved considering the property has been used as a park and for open space for decades in close proximity to existing education properties and improvements; and Whereas, the City Commission has determined that the proposed action of rezoning the subject property to the City's Parks, Recreation, Open Spaces (PRO) for continuing use as a park and open space at the site is consistent with the Comprehensive Plan of the City of Sanford, the land development regulations of the City of Sanford, 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 Parks, Recreation, Open Spaces (PRO) for continuing use as a park and open space at the site 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 and will establish needed park and open space properties for the citizenry . Ordinance No. 4099 Page 2 of 5 (f) The zoning of the subject property to the Parks, Recreation, Open Spaces (PRO) for continuing use as a park and open space at the site will not adversely affect the health and safety of the residents or improvements 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/Implementing 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 Parks, Recreation, Open Spaces (PRO) for continuing use as a park and open space at the site and the application to rezone the subject property, as aforesaid, is hereby adopted and approved by the City Commission of the City of Sanford as described in the legal description attached hereto as Exhibit A, which Exhibit is incorporated herein by this reference. (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, if necessary, by the City Attorney and the City staff subsequent to City Commission action which development order shall implement the Commission's intention to use the property as a park and for open space. (d) Any development order relating to this park and open space and this property, if required, shall, subsequent to appropriate execution by the City, be recorded in the Official Records of Seminole County, Florida (Land Records) by the City Clerk of the City. Ordinance No. 4099 Page 3 of 5 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 PRO zoning classification until all implementing actions are taken as set forth herein. Passed and adopted this 24th day of March, 2008. Attest: City Commission of the City of Sanford, Florida ~ " V~~ Linda Ku n, Mayor Ordinance No. 4099 Page 4 of 5 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. 4099, Passed and Adopted by the City Commission of the City of Sanford, Florida, on the 24th day of March, 2008, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 26th day of March, 2008. Ordinance No. 4099 Page 5 of 5 Jj~tdHtj ~ fj~; W 13TH ST 0 State Farmer's Market :> :> GC-2 ~ ~ :J: ~ 0 .J Z W W Q:: II. W 15TH ST Winn Dixie l~r:r1J ~JlJ r-rLTT JfClJ ------- / SITE -Del] Sanford Middle School SR-l [um rr FI1~A[1 ] _______ L __~ _~ [_ __ ~-- - ..,- [ '-11 Trlr-J 1- rrrl-ITI r IJ] - fl J~ -; ] -, n~-rlr1! 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