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Home My WebLink About4147 -,~~.. "'"^....,~~~'~,,---~.~"'.,,_.- ORDINANCE NO. 2008-4147 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA REZONING PROPERTIES (APPROXIMA TEL Y 2.4 ACRES IN SIZE) LOCATED AT ADDRESS 2441 PARK AVENUE WITHIN THE CITY OF SANFORD (TAX 10 PARCEL NUMBERS 36-19-30-550-0000-0010, 36-19-30-550- 0000-0020, 36-19-30-550-0000-0030, 36-19-30-550-0000-0040, 36-19- 30-550-0000-0050, 36-19-30-550-0000-006O, 36-19-30-550-0000-0070, 36-19-30-550-0000-0080, 36-19-30-550-0000-0090) FROM SR-1, SINGLE FAMILY RESIDENTIAL TO RMOI, MUL TIPLE FAMILY RESIDENTIAL I OFFICE I INSTITUTIONAL ; 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, Corinthian Builders, Inc., applicant and fee simple owners of the real properties, totaling approximately 2.4 acres, more or less, in size and located at address 2441 Park Avenue, Sanford, Florida (Tax Parcel Identification Numbers 36-19-30-550- 0000-0010, 36-19-30-550-0000-0020, 36-19-30-550-0000-0030, 36-19-30-550-0000- 0040, 36-19-30-550-0000-0050, 36-19-30-550-0000-0060, 36-19-30-550-0000-0070, 36-19-30-550-0000-0080, 36-19-30-550-0000-0090), 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 SR-1, Single Family Residential to RMOI, Multiple Family Residential/Office/Institutional for Park Avenue Estates with an office / residential mixed use development, subject to specific conditions as defined herein; and Whereas, City staff has reviewed and has subsequently recommended approval of the proposed rezoning to RMOI, Multiple Family Residential/Office/Institutional with ~._j~"-"""'~_~"~,~,~""",,,,,,"",,:' .. .~'!lI~' .. .m' iT " : ."i\I,IIi<i....: n.,.,. .~""''''','''''?'',,',""'_''''''~__~,._~'~~_~,..... approved uses as stated, subject to specific conditions, for consistency with its future land use designation and the adjacent properties; and Whereas, on November 6, 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 RMOI, Multiple Family Residential/Office/Institutional 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. Ordinance No. 2008-4147 Page 2 of 6 ..,....~.'k'~~.':~c......._.,..".,._~~_._ " _......_"""',,-_.'--.~._- (c) This Ordinance is consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford. (d) Development pursuant to RMOI, Multiple Family Residential/Office/Institutional for Park Avenue Estates for an office / residential mixed use development 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 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 RMOI, Multiple Family Residential/Office/Institutional for Park Avenue Estates with an office / residential mixed use development 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 Propertiesnmplementing 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 RMOI, Multiple Family Residential/Office/Institutional for Park Avenue Estates with an office / residential mixed use 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: Ordinance No. 2008-4147 Page 3 of 6 -- .__.-~ " ! I.'.... l'll".' -- ..___~__~'"' 36-19-30-550-0000-0010 LOT 1 PARK AVENUE ESTATES PB 68 PG 17 36-19-30-550-0000-0020 LOT 2 PARK AVENUE ESTATES PB 68 PG 17 36-19-30-550-0000-0030 LOT 3 PARK AVENUE ESTATES PB 68 PG 17 36-19-30-550-0000-0040 LOT 4 PARK AVENUE ESTATES PB 68 PG 17 36-19-30-550-0000-0050 LOT 5 PARK AVENUE ESTATES PB 68 PG 17 36-19-30-550-0000-0060 LOT 6 PARK AVENUE ESTATES PB 68 PG 17 36-19-30-550-0000-0070 LOT 7 PARK AVENUE ESTATES PB 68 PG 17 36-19-30-550-0000-0080 LOT 8 PARK AVENUE ESTATES PB 68 PG 17 36-19-30-550-0000-0090 LOT 9 PARK AVENUE ESTATES PB 68 PG 17 (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. 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 may be issued until all required Federal, State and Local permits are obtained; Ordinance No. 2008-4147 Page 4 of 6 ---'~ 3. A twenty foot wide City of Sanford Services easement shall be dedicated along the rear (east end) of the project; 4. There shall be no use or access to the existing alley without written city approval; 5. All wet bottom ponds require a fountain feature; 6. All buildings must be constructed for LEED certification, Florida Green or equivalent energy saving design; 7. Architectural plans shall be to be consistent with the style of the plans and elevations submitted or as otherwise approved by the Planning & Zoning Commission; 8. Urban Infill Redevelopment flexibility will be exercised in the design of the site and staff will work with the applicant to mitigate any impacts revealed during the public hearing process; 9. Should the staff and the applicant fail in their attempt to work out acceptable specific details for conditions numbered seven and eight above, the request for rezoning will be returned to the Planning and Zoning Commission for their review, approval, and recommendation de novo. 10. The owner shall provide a bond for the estimated cost of sidewalk construction along Park Avenue. The amount of the bond shall be determined by staff and must be submitted no later than February 8,2009. Said bond will be subject to call November 24, 2009 if the sidewalk has not been completed to City specifications. (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. Section 3. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. Ordinance No. 2008-4147 Page 5 of 6 .~_.~ 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 RMOI zoning classification until all implementing actions are taken and conditions fulfilled as set forth herein. Passed and adopted this 8th day of December, 2008. Attest: City Commission of the City of Sanford, Florida ~;{ .)k;~ ~.~~~ Janet Dougherty, City lerk Linda Kuhn, ayor · 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. 4147, Passed and Adopted by the City Commission of the City of Sanford, Florida, on the 8th day of December, 2008, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 10th day of December, 2008. 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