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Home My WebLink About4164 ;11 .. ORDINANCE NO. 2009- 4164 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA REZONING PROPERTIES (APPROXIMATELY 4.62 ACRES IN SIZE) LOCATED AT ADDRESS 301 NORTHST AR COURT WITHIN THE CITY OF SANFORD (TAX 10 PARCEL NUMBERS 28-19-30-508-0000-0060, 28-19-30-506- 0000-020L, 28-19-30-506-0000-020G, 28-19-30-506-0000-020Q, AND 28-19-30-506-0000-020K) FROM AGRICULTURAL (AG) AND GC-2, GENERAL COMMERCIAL (GC-2) 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-CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. Whereas, CRC Enterprises, Inc., applicant and fee simple owner of the real properties, totaling approximately 4.62 acres, more or less, in size and located at address 301 Northstar Court, Sanford, Florida (Tax Parcel Identification Numbers 28- 19-30-508-0000-0060, 28-19-30-506-0000-020L, 28-19-30-506-0000-020G, 28-19-30- 506-0000-020Q, and 28-19-30-506-0000-020K), 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) and General Commercial (GC-2) to Planned Development (PO) with approved uses as stated, and subject to specific conditions, for consistency with its future land use designation for the construction of a trucking/transportation operation; 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 February 5, 2009, 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 trucking/transportation operation is consistent with its future land use designation and the adjacent properties and will comply with the Ordinance No. 2009-4164 Page 2 of 6 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) designation for the construction of a trucking/transportation operation 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 trucking/transportation operation 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 28-19-30-508-0000-0060 LOT 6 (LESS THE EAST 18.3 FEET) NORTHSTAR BUSINESS PARK, PHASE 3, ACCORDING TO THE PLAT THEREFORE AS RECORDED IN PLAT BOOK 44, PAGES 44 AND 45, OF THE PUBLIC RECORDS FOR SEMINOLE COUNTY, FLORIDA. PARCEL 28-19-30-506-0000-0200 A PORTION OF LOT 20, SMITHS 3RD SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 86, OF THE PUBLIC RECORD OF SEMINOLE COUNTY, FLORIDA, MORE PARTICULAR DESCRIBED AS FOLLOWS: BEGIN 145 FEET SOUTH OF THE NORTHEAST CORNER, RUN WEST 172 FEET, SOUTH 250 FEET, EAST 172 FEET, NORTH 250 FEET TO BEGINNING. Ordinance No. 2009-4164 Page 3 of 6 PARCEL 28-19-30-506-0000-020L THE NORTH 120 FEET OF THE SOUTH 250 FEET OF THE EAST 66 FEET OF LOT 20, SMITH 3RD SUBDIVISION, ACCORDING TO THE PLAT AS RECORDED IN PLAT BOOK 1, PAGE 86, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. PARCEL 28-19-30-506-0000-020G THE SOUTH 250 FEET OF THE WEST 100 FEET OF THE EAST 166 FEET OF LOT 20, SMITH 3RD SUBDIVISION, ACCORDING TO THE PLAT AS RECORDED IN PLAT BOOK 1, PAGE 86, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. PARCEL 28-19-30-506-0000-020K THE EAST 60 FEET OF THE WEST 153.33 FEET OF THE SOUTH 170 FEET OF THE NE ~ AND THE SOUTH 50 FEET OF THE WEST 93.33 FEET OF THE NE ~ AND THE NORTH 65 FEET OF THE SOUTH 315 FEET OF THE WEST 153 FEET OF THE EAST 330 OF LOT 20, SMITH 3RD SUBDIVISION, ACCORDING TO THE PLAT AS RECORDED IN PLAT BOOK 1, PAGE 86, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. (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 DTL Transportation Planned Development Master Plan dated December 3, 2008 unless otherwise specified in these conditions; 2. Pursuant to the Land Development Regulations Section 4.3.G the Planned Development Rezone shall expire three years from the effective date of the approval of the Ordinance if improvements have not been completed or an extension granted; Ordinance No. 2009-4164 Page 4 of 6 3. A Development Plan prepared by a Florida registered engineer will be required to be submitted, reviewed and approved by staff prior to any expansion of the operation; 4. Access to the entire property shall be limited to Northstar Court unless otherwise approved by City staff; and 5. The property owners shall record in the Public Records of Seminole County a Unity of Title as prepared by the City of Sanford Department of Planning and Development Services. (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 PO zoning classification until all implementing actions are taken and conditions fulfilled as set forth herein. Ordinance No. 2009-4164 Page 5 of 6 Passed and adopted this 9th day of March, 2009. Attest: ~~h~*~ Ordinance No. 2009-4164 Page 6 of 6 City of I II I SeminolE II) Business .... Center 2 PD u PD Stratford Point Apartments W 1ST ST / !--- lIe- ~ 7-11 P[) 1= Norh AG USA ::>>emrnole Stor-A-Way Business Center DIIIJJIIIJ AG Westlake Apartments RUlli':1r ~~ (;C-2 ~~~ NO. I'HSDLR CT U _A_-= ~~~.~ I DC Moore & Sons ~ ~,,-_____ ~ SITE I~ Ie en A. :) PD Ups~la Bus ness Pari ~\ Del-Aire ----- RI-l Site 301 Northstar Court Parcel No: 28-19-30-508-0000-0060 '- 28-19-30-506-0000-020G 28-19-30-506-0000-020K 28-19-30-506-0000-020L - 28-19-30-506-0000-0200 ) ) II~ :I ,~ ~ -aJ ~ ~~ <' \