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.
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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
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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
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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
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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
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Approved as to form and legal sufficiency.
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