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Home My WebLink About4133 ORDINANCE NO. 2008 - 4133 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA REZONING PROPERTIES (APPROXIMA TEL Y 8.66 ACRES IN SIZE) LOCATED AT ADDRESS 2400 AND 2440 CHERRY LAUREL DRIVE WITHIN THE CITY OF SANFORD (TAX 10 PARCEL NUMBERS 32-19-30-301-0080- 0000, AND 32-19-30-301-OOSF-OOOO) FROM AGRICULTURAL (AG) TO PLANNED DEVELOPMENT (PO); 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-CODIFICA TION AND PROVIDING FOR AN EFFECTIVE DATE. Whereas, Jesus F. Blanco and Maria D. Diaz and Hotel and Resort Inv., LLC, applicants and fee simple owners of the real properties, totaling approximately 8.66 acres, more or less, in size and located at address 2400 and 2440 Cherry Laurel Drive, Sanford, Florida (Tax Parcel Identification Numbers 32-19-30-301-008D-OOOO, and 32- 19-30-301-008F-0000), 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 Agricultural (AG) to Planned Development (PD) with approved uses as stated, and subject to specific conditions, for consistency with its future land use designation for the construction of a hotel, office/retail project and adjacent properties dedicated for conservation easement, as necessary; and Whereas, City staff has reviewed and has subsequently recommended approval of the proposed rezoning to Planned Development (PD) with approved uses as stated, subject to specific conditions, for consistency with its future land use designation and the adjacent properties; and Whereas, on August 21, 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 (PD) 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 with specific conditions. (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 (PD) designation for the construction of a hotel, retail/office 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. (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 (PD) Ordinance No. 2008-4133 Page 2 of 6 designation for the construction of a hotel, retail/office 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 Properties/Implementing Administrative Actions. (a) Upon enactment of this Ordinance, and the implementing actions relating to the zoning as set forth herein, the following described properties shall be rezoned to Planned Development (PD) for the construction of a hotel, retail/office 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: PARCEL I: FROM THE SW COR OF SEC 32, TWP 19S, RGE 30E, SEMINOLE COUNTY, FLORIDA, RUN S 89053'54" E, ALONG THE S LINE OF SAID SEC 32, A DISTANCE OF 558.38 FT TO A POINT ON THE N R-O-W LINE OF C-46A, AND THE POB, THENCE RUN N 22033'55" E 291.65 FT, THENCE RUN N 10058'39" E 221.89 FT, THENCE RUN N 89053'54" W 482.87 FT, THENCE RUN S 21021 '09" W 128.25 FT TO A POINT 180.18 FT E OF THE W LINE OF SAID SEC 32 THENCE RUN S 0026'09" W, PARALLEL WITH SAID W LINE OF SEC 32 A DISTANCE OF 344.73 FT TO A POINT ON THE N R-O-W LINE OF C- 46A, THENCE RUN S 89020'30" E ALONG SAID N R-O-W LINE 211.30 FT TO THE POINT OF CURVATURE OF A CURVE CONCAVE SWLY AND HAVING A RADIUS OF 724.537 FT, THENCE RUN SEL Y ALONG THE ARC OF SAID CURVE 168.48 FT THROUGH A CENTRAL ANGLE OF 13019'25" TO THE POB. TOGETHER WITH AND SUBJECT TO A 60 FT EASEMENT FOR INGRESS, EGRESS AND UTILITIES THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: FROM THE SW CORNER OF SEC 32, TWP 19S, RGE 30E, SEMINOLE COUNTY, FLORIDA RUN S 89053'54" E ALONG THE S LINE OF SAID SEC 32 A DISTANCE OF 558.38 FT TO A POINT ON THE N R-O-W LINE OF C- 46A AND THE POB OF THIS CENTERLINE DESCRIPTION, THENCE RUN N 22033'55" E 291.65 FT, THENCE RUN N 10058'39" E 447.33 FT TO THE END OF THIS CENTERLINE DESCRIPTION. PARCEL II: FROM THE SW COR OF SEC 32,TWP 19S, RGE 30E, SEMINOLE COUNTY, FLORIDA, RUN S 89053'54" E, ALONG THE S LINE OF SAID SEC 32, A DISTANCE OF 558.38 FT; THENCE RUN N 22033'55" E, 291.65 FT; Ordinance No. 2008-4133 Page 3 of 6 THENCE RUN N 10058'39" E, 221.89 FT FOR A POB; THENCE RUN N 89053'54" W, 482.27 FT; THENCE RUN N 21021 '09" E, 539.16 FT TO A POINT 990 FT N OF THE S LINE OF SAID SEC 32; THENCE RUN S 89053'54" E, PARALLEL WITH SAID S LINE OF SEC 32, A DISTANCE OF 384 FT; THENCE RUN S 10058'39" W, 511.69 FT TO THE POB. CONTAINING 217799.77 sa FT OR 5.0000 ACRES. TOGETHER WITH AND SUBJECT TO A 60 FT EASEMENT FOR INGRESS, EGRESS, AND UTILITIES THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: FROM THE SW COR OF SEC 32, TWP 19S, RGE 30E, SEMINOLE COUNTY, FLORIDA, RUN S 89053'54" E, ALONG THE S LINE OF SAID SEC 32, A DISTANCE OF 558.38 FT TO A POINT ON THE N R-O-W OF C-46-A AND THE POB OF THIS CENTERLINE DESCRIPTION; THENCE RUN N 22033'55" E, 291.65 FT; THENCE RUN N 10058'39" E, 447.33 FT TO THE END OF THIS CENTERLINE DESCRIPTION. (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 upon consideration of the rezoning request, to wit: 1. Payment of any and all amounts required by Seminole County as the project's "proportionate share" cost of the traffic concurrency requirements, to be paid within 12 months of the effective date of the Planned Development Rezone Development Order; 2. Pursuant to the Land Development Regulations, Section 4.3.G the Planned Development Rezone Development Order shall expire three years from the effective date of the Ordinance approved by the City Commission if substantial completion has not been accomplished in accordance with City mandates; 3. A Development Plan prepared by a Florida registered engineer will be required to be submitted, reviewed and approved by staff prior to any development or use of the site; 4. If the City allows or requires any improvements to or on City or County owned property, said improvements must be completed, inspected and approved by the City or County before any Certificates of Occupancy shall issue; Ordinance No. 2008-4133 Page 4 of 6 5. No City permits for demolition, earthwork, development or construction may be issued until all required Federal, State and Local permits are obtained and issued; 6. The developer will work with the developer of the apartment complex located at 2441 Cherry Laurel Drive to develop Cherry Laurel Drive as an aesthetic entry feature; 7. All buildings must be constructed for LEED certification, Florida Green or equivalent energy saving design; 8. A modified pavement section may be used in lieu of the standard approved asphalt pavement sections for parking stalls to be determined as part of the LEED certification process; 9. All rooftop appurtenances must be screened from view at the property line; 10. Minor modifications to the site plan as presented with acceptable justification may be approved by staff; 11. Ten foot (10') parking spaces are required between the median strip and the hotel and all spaces along the office retail; 12. Sidewalk connectivity is to be provided from the parking area to the hotel at two locations; and 13. 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 Ordinance No. 2008-4133 Page 5 of 6 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 13th day of October, 2008. Attest: City Commission of the City of Sanford, Florida c- ~ ~ '--- . ~ Linda Kuhn 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. 2008-4133, Passed and Adopted by the City Commission of the City of Sanford, Florida, on the 13th day of October, 2008, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 15th day of October, 2008. ") , t1:f- /( . ~ a k~-tf: net R. Dougherty, City City of Sanford, Florida Ordinance No. 2008-4133 Page 6 of 6 " Courtesy l' Honda ~~~..:( ~ ~ ~\~ PD ~ Sam's $ Club Courtesy Acura PD AG D Oaklawn Memorial Park 8m Bentley Park Apartments ( Site 2400 Cherry Laurel Drive Parcel No: 32-19-30-301-0080-0000 32-19-30-301-008F-0000 I ~~-r--"ml- -'J"--"" --.---- ,