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Home My WebLink About4171 Rezone 4955 SR 46A ,~,,--......,...,---'*""~-~,~ ORDINANCE NO. 2009- 4171 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA REZONING PROPERTIES (APPROXIMATELY 2.85 ACRES IN SIZE) LOCATED AT 4955 COUNTY ROAD 46A WITHIN THE CITY OF SANFORD (TAX 10 PARCEL NUMBER 32-19-30-300-007G-0000) FROM AGRICULTURAL (AG) TO PLANNED DEVELOPMENT (PO); PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING SPECIFIC CONDITIONS; PROVIDING FOR IMPLEMENTATING OF ADMINISTRATIVE ACTIONS; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR NON-CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. Whereas, Twin Lakes Properties, LLC, applicant and fee simple owner of the real properties, totaling approximately 2.85 acres, more or less, in size and located at address 4955 County Road 46A, Sanford, Florida (Tax Parcel Identification Number 32-19-30-300-007G-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 its properties rezoned from Agricultural (AG) to Planned Development (PO) with approved uses as stated, and subject to specific conditions to ensure consistency with its future land use designation, for the construction of a convenience store and multi- tenant building; and Whereas, City staff has reviewed and has subsequently recommended approval of the proposed rezoning to Planned Development (PO) as set forth in this ordinance; 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 rezoning the subject properties to the Planned Development (PO) is consistent with the future land use designation assigned to the property, 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 the construction of a convenience store and multi-tenant building is consistent with its future land use designation and the adjacent properties and will comply with the City's Land Development Regulations. (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 the construction of a convenience store and multi-tenant building subject Ordinance No. 2009-4171 Page 2 of 6 O"_.'~M""""'","_'..._....""""" 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 Propertiesllmplementing 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 construction of a convenience store and multi-tenant building 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: A PARCEL OF LAND LYING IN SECTION 32, TOWNSHIP 19 SOUTH, RANGE 30 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER (S.W. 1/4) OF SAID SECTION 32; THENCE SOUTH 89029'28" WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER OF SECTION 32, A DISTANCE OF 321.77 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY AND HAVING A CHORD BEARING NORTH 16010'11" WEST AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 41.00 FEET, A CENTRAL ANGLE OF 93027'46", AN ARC DISTANCE OF 66.88 FEET TO A POINT OF COMPOUND CURVATURE; THENCE WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 951.00 FEET, A CENTRAL ANGLE OF 37011'20", AN ARC DISTANCE OF 617.26 FEET TO A POINT OF REVERSE CURVATURE; THENCE CONTINUE WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 985.00 FEET, A CENTRAL ANGLE OF 03004'09", AN ARC DISTANCE OF 52.76 FEET; THENCE SOUTH 54031 '58" WEST, 44.34 FEET; THENCE SOUTH 84038'53" WEST, 103.55 FEET; THENCE SOUTH 82055'16" WEST, 120.06 FEET (THE LAST SIX COURSES BEING COINCIDENT WITH THE SOUTH RIGHT OF WAY LINE OF THE WESTBOUND LANE OF COUNTY ROAD 46-A AS DEDICATED AND DESCRIBED IN OFFICIAL RECORDS BOOK 3587, PAGE 0378 OF THE Ordinance No. 2009-4171 Page 3 of 6 PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA); THENCE SOUTH 11007'08" WEST, 129.48 FEET TO A POINT ON THE SOUTH LINE OF THE AFORESAID SOUTHWEST ONE-QUARTER (S.W.1/4) OF SECTION 32; THENCE NORTH 89029'28" EAST ALONG SAID SOUTH LINE, 951.98 FEET TO THE POINT OF BEGINNING. (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 by the City Attorney and implemented as necessary by 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 . Staff shall work with the applicant on modifying setback, buffer and landscaping requirements and issue approvals on such matters. If the applicant and staff are not able to agree on these design elements, then the Development Plan will be forwarded to the Planning and Zoning Commission for approval. 2. A gasoline service station is hereby permitted. All other uses on the property shall be in accordance with Schedule B, Permitted Uses for the RC-1, Restricted Commercial zoning classification. Until redevelopment, the current use of the property, animal raising (goats) is allowed to continue unless vacated for 6 months or longer. 3. There shall be no outside storage, display or services on site including, but not limited to, vacuums, car washes, vending machines, pay phones, news racks and similar appurtenances. 4. A Development Plan prepared by a Florida registered engineer shall be submitted, reviewed and approved prior to any development or use of the site. The Development Plan shall meet the requirements of the Land Development Regulations and not any reduced design standards depicted on the Twin Lakes Master Plan dated December 15, 2008. 5. All signs on the site shall be approved and permitted pursuant the City of Sanford Comprehensive Sign Plan procedures with the number and design of the signs meeting the requirements of the Sanford or City of Lake Mary sign code requirements, whichever is more restrictive. Ordinance No. 2009-4171 Page 4 of 6 6. The final design' and location of all driveways and access points throughout the project will be considered and approval by City Staff during development plan review to meet required traffic safety standards. 7. No City permits for demolition, earthwork, clearing and grubbing, development or construction may be issued until all other required Federal, State and local permits and approvals have been granted. 8. The Planned Development approval shall expire three years from the effective date of the Ordinance approved by the City Commission subject to a request for extension that would be reviewed and considered in good faith and under all municipal laws and statutes pertaining thereto. 9. The owner shall comply with the land use restrictions and other stipulations agreed to in the Voluntary Commitment Agreement entered with the City of Lake Mary except where in conflict with the City Attorney. 10. The owner shall pay to Seminole County as the project's "proportionate share" such costs of the traffic concurrency requirements prior to the issuance of a building permit. 11. The owner applicant shall pay $5,000.00 to the City of Sanford Tree Mitigation or Landscape Fund prior to the issuance of a City of Sanford Site Development Permit. (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; Ordinance No. 2009-4171 Page 5 of 6 .""--~ 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 13th day of April, 2009. Attest: City Commission of the City of Sanford, Florida <~'M~;;~~ ~!(.~~ anet Dougherty, City CI rk Ordinance No. 2009-4171 Page 6 of 6 " ~ ~ I ~ ~ Courtesy Honda Courtesy Acura Sanford Hotel Solara Q ~ ~ CC ~ 8m - ~ Cemetery Site 4955 CR 46A Parcel No: 32-19-30-300-007G-OOOO Sams Club PD AG //' SITE I ~ IIill!; fffiHl ="''''~''"-~"..~-"~..- ite ~55 CR 46A lreel No: 32 -19-30-300-007G..oooo