HomeMy WebLinkAbout4142
ORDINANCE NO. 2008-4142
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA REZONING
PROPERTIES (APPROXIMATELY 20.97 ACRES IN SIZE) LOCATED
AT ADDRESS 1101 MONROE ROAD WITHIN THE CITY OF SANFORD
(TAX 10 PARCEL NUMBERS 16-19-30-5AC-OOOO-013A, 16-19-30-5AC-
00OO-014A, AND 16-19-30-5AC-OOOO-0360) FROM GENERAL
COMMERCIAL (GC-2) AND AGRICULTURAL (AG) TO PLANNED
DEVELOPMENT (PD); 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, Lake Monroe Development, LLC, applicant and fee simple owners of
the real properties, totaling approximately 20.97 acres, more or less, in size and located
at address 1101 Monroe Road, Sanford, Florida (Tax Parcel Identification Numbers 16-
19-30-5AC-0000-013A, 16-19-30-5AC-OOOO-014A, and 16-19-30-5AC-OOOO-0360), has
advanced to the City of Sanford, pursuant to the controlling provisions of State law and
the Code of Ordinances of the City of Sanford a request to have its properties rezoned
from General Commercial (GC-2) and Agricultural (AG) to Planned Development (PO)
with approved mired uses for manufacturing, warehouse, office, and retail development,
subject to specific conditions as defined herein; 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 October 2, 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) 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 (PO)
designation for Lake Monroe Commerce Center PO, a proposed mixed use
manufacturing, warehouse, office, and retail development project is consistent with its
Ordinance No. 2008-4142
Page 2 of 7
future land use designation and the adjacent properties and will comply with the City's
Land Development Regulations and the conditions thereof as applied to this Planned
Development.
(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)
designation for Lake Monroe Commerce Center PO, a proposed mixed use
manufacturing, warehouse, office, and retail development 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 (PO) for the mixed use manufacturing, warehouse, office, and
retail development project subject to specific conditions defined herein, 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:
16-19-30-5AC-OOOO-013A
THAT PART OF SOUTH 1/2 OF LOT 13AND LOT 25 LYING NORTH OF
RY AND EAST OF HIGHWAY 4, S1. JOSEPH'S, PLAT BOOK 1, PAGE
114
Ordinance No. 2008-4142
Page 3 of 7
16-19-30-5AC-OOOO-014A
SOUTH 1/2 OF LOTS 14 AND 22 AND ALL OF LOT 23 (LESS RY) ST.
JOSEPH'S, PLAT BOOK 1, PAGE 114 AND 16-19-30-5AC-OOOO-0360
LOT 36 NORTH OF RY, ST. JOSEPH'S, PLAT BOOK 1, PAGE 114 (AS
ASSESSED)
16-19-30-5AC-OOOO-0360
LOT 36 NORTH OF RY, ST. JOSEPH'S, PLAT BOOK 1, PAGE 114 AS
ASSESSED WITH 16-19-30-5AC-OOOO-014A
(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. The property shall be developed in accordance with the land uses and
development standards identified on the Lake Monroe Commerce Center
Planned Development Master Plan dated September 12, 2008 except as
modified hereinafter;
2. Pursuant to the Land Development Regulations Section 4.3.G the Planned
Development Rezone shall expire three years from the effective date of
this Ordinance if completion does not meet the requirements of Section
4.3G, unless extended by the City Commission;
3. That portion of the site east of Elder Creek shall be limited to use by
Nelson LC for the manufacturing of prefabricated metal buildings and
associated components. Any change of the use or the user/manufacturer
will require an approved formal Planned Development Amendment;
4. The small outparcel proposed west of Elder Creek, adjacent to Interstate 4
shall be designated for permitted GC-2 or RI-1 uses subject to a
Development Plan providing specific standards for the use of the parcel;
5. A final engineering plan meeting the requirements of the LOR must be
submitted and approved by staff prior to the commencement of
Ordinance No. 2008-4142
Page 4 of 7
construction on site and all work shown as part of the plan must be
completed, inspected and approved by the City prior to any use of the site;
6. Outside non-hazardous storage will be allowed on that portion of the site
east of Elder Creek in those specific locations as designated on an
approved Development Plan;
7. Building articulations visible from CR-15 must be brick, stone or stucco
and of a color which complies with the City's current building color
guidelines;
8. A dark vinyl coated chain link fence, minimum 4-feet in height, will be
installed along the entire wetland boundary of the area proposed for
development as a physical barrier to prevent intrusion into the wetlands;
9. All fencing visible from CR-15 must be decorative;
10. Wet ponds must include fountains;
11. All setbacks and buffers must meet the RI-1 standards of the Land
Development Regulations unless otherwise specifically approved in the
PO Master Plan;
12. The overall site usage shall not exceed the maximum building footprints
established within the PO Master Plan;
13. In that elevations are not available at the time of ordinance enactment, the
developer will submit building elevations for each phase of development
for approval by the City's Development Review Team. If staff and the
developer cannot reach agreement as to the building elevations for any
phase, the building elevations will be advanced to the Planning and
Zoning Commission for review and decision; and
14. Should the staff and the applicant fail in their attempt to work out
acceptable specific details other than elevations as specified in condition
13 hereof, 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 the 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.
Ordinance No. 2008-4142
Page 5 of 7
~.~ -
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 PO zoning classification until all implementing actions are
taken and conditions fulfilled as set forth herein.
Passed and adopted this 10th day of November, 2008.
Attest:
City Commission of the City of
Sanford, Florida
~I..~~
anet Dougherty, Cit Clerk
~. ==\<(~
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. 4142, Passed and Adopted
Ordinance No. 2008-4142
Page 6 of 7
~-lJ
by the City Commission of the City of Sanford, Florida, on the 10th day of November,
2008, was posted at the front door of the City Hall in the City of Sanford, Florida, on the
13th day of November, 2008.
~.~
net R. Dougherty, . Clerk f the
City of Sanford, Florida
Ordinance No. 2008-4142
Page 7 of 7
"-
.
~.,
!t..
"
A"
~
I
PD
CoxLum
Monroe Commerce
Center North
Rand Yard
Commerce
Center
D
z
~
%
-
-I
Monroe
Convnerce
Center South
Maranda
Systems
Site
1101 Monroe Road
Parcel No: 16-19-30-5AC-OOOO-013A
16-19-30-5AC-OOOO-014A
16-19-30-5AC-OOO~360