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Home My WebLink About4190 Rezone 1043 Upsala Rd Ordinance No. 4190 An ordinance of the City of Sanford, Florida relating to the Reel Tyme Marketing Services, Inc. planned development; providing for the rezoning of real property approximately 11.1 acres in size and located at 1043 Upsala Road (Property Appraiser Tax Parcel Identification Number: 28-19-30-506-0000-0450) within the City Limits (map of the property attached) from Restricted Industrial ("RI-1 It), to Planned Development ("PO"); providing for the taking of implementing administrative actions; providing for the adoption of an aerial map by reference; repealing all conflicting ordinances; providing for severability; providing for non-codification and providing for an effective date. Whereas, Reel Tyme Marketing Services, Inc. the owner of certain real property, totaling approximately 11.1 acres in size and located at 1043 Upsala Road, 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 ("PO") zoning classification in order to develop a mixed use business park development; and Whereas, the PO project is a mixed use project that will incorporate some, but not all, of the uses permitted in the RI-1, Restricted Industrial and the RC-1, Restricted Commercial zoning district and prohibited uses specifically noted on the Master Plan include residential uses (a caretaker residence may be permitted as a conditional use), crematories, and animal boarding kennels; 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, Terry Shaw - Shaw Construction & Management Services is the applicant on behalf of the property owner; and Whereas, SK Consortium, Inc. (Majid Kalaghchi, P.E.) is the engineer of record on behalf of the property owner; and Whereas, a Citizen's Awareness Participation Plan meeting was not held as the project is surrounded by an existing industrial park, but the property management and homeowners association of the nearby townhome community, Regency Oaks, was notified and provided an opportunity to comment about the project in advance of the public hearing; and Whereas, on August 20, 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 11.1 acres in size and being located at located at 1043 Upsala Road, shall be rezoned from, Restricted Industrial ("RI-1 "), to Planned Development ("PO"); (Property Appraiser Tax Parcel Identification Number: 28-19-30-506-0000-0450). (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). The property shall be developed in accordance with the land uses and development standards identified on the Planned Development Master Plan dated as received July 29, 2009 unless otherwise specified in these conditions. (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 complete the City staff review and approval process. 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). Required parking will be based on the actual use of the building or area. If the actual use is not known when the building (shell) is constructed, then parking requirements will be calculated based on the most intense use allowed. (6). All wet ponds will require a fountain feature. (7). The final design and location of all driveways and access points 4 throughout the project will be determined during development plan review. (8). Landscape design and signage along Upsala Road frontage shall comply with the requirements of the West State Road 46/Rinehart Road Gateway Corridor standards. (9). Stormwater design requirements may be increased if warranted on the basis of technical requirements and sound and generally accepted engineering practices and principles. Section 3. Incorporation of aerial map. The aerial 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 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 5 enactment. Passed and adopted this 28th day of September, 2009. Attest: City Commission of the City of Sanford, Florida .-0 c~ \. __ cl( '-- Linda Kut1n, Mayor Q2p;J j( .lJI!U!~/~ Ulanet Dougherty, City C(erk ; Approved as to form and legal sufficiency. illiam L. Colbert, yity At 0 e ,.I- LotJtJlG ,J, ~tXJl 6 c I - - - L.....- -1,- ~ I ~ PD I~ I I~ r - .... 1- j /' ~ t: rr ct: en A. ~ I :>> ~ r I ~ ~~ -1 - 1- - ~ ('iT II I D~ --1 ~ - CD 1- "' ~)IllllIllllIIIIIIIJ ~ -- ~~ g~~[JIIJ _ ~- L ~ ~ wnhoml _ _ Wh ~ T ,.... ~rnnn~l~i[JIIJ~ T J~ I) lIDlDD I ~ ~ []J1IIl!~ ~ ..~.-ll ~ \ ~___ ~ I I r 1 AG l - I ~! - I I __J -ST..JOHNS P _ · KWY- I - I I' f~ .~.. DAft I - ~ I =- - CENTRAL FLORIDA GREENEWAY (SR 417l ~ L- LL 1/_1 I 1 I--- I I I - Site 1043 Upsala Road l Parcel No: 28-19- I~ 30-506-0000-0450 J - Site 1043 Upsala Road Parcel No: 28-19-30 . , -506-0000-0450 \'0100" 'OOOjNVS jO AllO j ! S"",,"OS 1>13"""...."" 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