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HomeMy WebLinkAbout4189 Rezone 540 Pecan Ave Ordinance No. 4189 An ordinance of the City of Sanford, Florida relating to the Men Women and Youth in Action USA, Inc planned development; providing for the rezoning of real property approximately 78,012 square feet (1.79 acres) in size and located at 540 Pecan Avenue (Property Appraiser Tax Parcel Identification Number: 25-19-30-5AG- 0714-0010) within the City Limits (map of the property attached) from Restricted Industrial ("RI-1 "), to Planned Development ("PO"); providing for the taking of implementing administrative actions; providing for the adoption of a map by reference; repealing all conflicting ordinances; providing for severability; providing for non- codification and providing for an effective date. Whereas, Men Women and Youth in Action USA, Inc., the owner of certain real property, totaling approximately 78,012 square feet (1.79 acres) in size and located at 540 Pecan Avenue, applied 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 the property rezoned to the Planned Development ("PD") zoning classification in order to develop the "Central Florida Dream Center;" and Whereas, the City's Planning and Development Services Department has conducted a thorough review and analysis of the demands upon public facilities should the subject rezoning application be approved; and Whereas, on September 17, 2008, CPH Engineers, on behalf of the applicant, held a Citizen's Awareness Participation Plan meeting at the Dream Center which, according to the best evidence available to the City, has been operating on the site since the year 2002; and Whereas, on October 27, 2008 the City Commission approved a request to waive the distance separation requirements for a Community Resource Facility (CRF) based on the applicant's compelling assertion that the facility can make a significant positive impact on the surrounding neighborhood; and Whereas, the Dream Center is classified as a Community Resource Facility on the basis of the services provided in the building located on the site which approximately 50,000 square feet in size and is situated on a city block bounded by Pecan Avenue and Avocado Avenue between 5th Street and 6th Street, including but not limited to, drug, alcohol and abuse counseling, single mother programs, sports programs, computer training and other youth and family programs; and Whereas, on July 16, 2009 the Planning and Zoning Commission of the City of Sanford recommended that the City Commission approve the subject rezoning as set forth in this Ordinance and, together with the recommendations of the City staff, recommended normative development conditions such as, but not limited to, the requirement that a development plan relating to the property be prepared by a Florida registered engineer and be submitted, reviewed and approved; and Whereas, the Planning and Zoning Commission and the City Commission have determined that the proposed the rezoning of the subject property as set forth in this Ordinance is consistent with the Comprehensive Plan of the City of Sanford, the land development regulations of the City of Sanford, 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. 2 Now, therefore, be in 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 City staff report and City Commission agenda memorandum relating to the application relating to the proposed rezoning of the subject property as well as the recitals (whereas clauses) to this Ordinance. (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. Section 2. Rezoning of real property/implementing actions. (a), Upon enactment of this Ordinance the following property, as depicted in the map attached to this Ordinance and totaling approximately 78,012 square feet (1.79 acres) in size, and being located at 540 Pecan Avenue, shall be rezoned from, Restricted Industrial ("RI-1"), to Planned Development ("PO"); (Property Appraiser Tax Parcel Identification Number: 25-19-30-5AG-0714-001 0). (b). The City Manager, or designee, is hereby authorized to execute any documents necessary to formalize approval of the rezoning action taken herein and to revise and amend the Official Zoning Map or Maps of the City of Sanford as may be appropriate to accomplish the action taken in this Ordinance. (c). The conditions to be incorporated into the pertinent development order relating to the action taken in this Ordinance include, but are not limited to, the 3 following: (1). Residential uses are prohibited. (2). A PD development order must be executed within thirty (30) days of the effective date of this Ordinance. Otherwise, the approval set forth herein shall lapse and be of no effect. (3). A Development Plan including, but not limited to, landscaping and irrigation plans, prepared by a Florida registered engineer shall be submitted by the property owner and must be fully through the City staff review and approval process within ninety (90) days of the effective date of this Ordinance. Otherwise, the approval set forth herein shall lapse and be of no effect. (4). Pursuant to Section 4.3.G of the City's Land Development Regulations, the approval set forth in this Ordinance shall expire three (3) years from the effective date of this Ordinance if all required improvements have not been completed or an extension to such requirement granted by the City Commission. If such improvements have not been completed and an extension has not been granted with that time period, the approval set forth herein shall lapse and be of no effect. (5). The property owner shall identify and submit a list of all existing uses and/or programs operating on the property to the Building & Fire Prevention Division within thirty (30) days of the effective date of this Ordinance. Otherwise, the approval set forth herein shall lapse and be of no effect. (6). The property owner shall notify the Building & Fire Prevention Division of any proposed new use or programs and must meet any additional Building, Fire and 4 Life Safety requirements required by the addition of the use or program prior to the commencement of the use or program. Failure to adhere to this requirement shall result in appropriate code enforcement actions being taken by the City as deemed necessary by the City. (7). The building on the property must be certified within sixty (60) days of the effective date of this Ordinance by a Florida registered contractor architect or other approved design professional as meeting all Florida Building Code requirements for the existing uses and any and all used proposed uses to be implemented on the property. Alternatively, plans for required building improvements meeting all requirements of the Building, Fire and Life Safety codes must be filed and complete within sixty (60) days of the effective date of this Ordinance. Otherwise, the approval set forth herein shall lapse and be of no effect. Such plans must be fully through the City staff review and approval process within ninety (90) days of the effective date of this Ordinance. Otherwise the approval set forth herein shall lapse and be of no effect. (8). Retail sales and service businesses are prohibited. Section 3. Incorporation of map. The map attached to this Ordinance is hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance. Section 4. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed Section 5. Severability. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said 5 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 6. 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 shall be depicted on the zoning maps of the City of Sanford by the City Manager, or designee. Section 7. Effective Date This Ordinance shall take effect immediately upon enactment. Passed and adopted this 24th day of August, 2009. Attest: City Commission of the City of Sanford, Florida ~n.~~' Approved as to form and legal sufficiency. 6