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HomeMy WebLinkAbout4199 Rezone 918 W 1st St Ordinance No. 4199 An ordinance of the City of Sanford, Florida relating to the rezoning of real property approximately 2.27 acres in size and located at 918 West First Street (Property Appraiser Tax Parcel Identification Number: 25-19-30-300-0210-0000) within the City Limits (map of the property attached) from Restricted Industrial e'RI-1 "), to General Commercial ("GC-2"); providing for the taking of implementing administrative actions and recognizing additional processes and procedures are required to consider a major conditional use approval; 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, Site Unseen, Incorporated, as Trustee, the owner of certain real property, totaling approximately 2.27 acres in size and located at 918 West First Street within the City Limits of the City of Sanford, 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 General Commercial ("GC-2") zoning classification; and Whereas, Golden Rule Housing and Community Development Corp., a 501 (c)(3) non-profit organization, is proposing to redevelop the existing 25,546 square foot warehouse building located on the subject property into a mixed use housing complex that will provide 24 residential apartments for seniors (62 years and older) and 3,300 square feet of senior service retail and office space for internal and public use with the apartment mix consisting of 10 efficiency units of 600 square feet and 14 one-bedroom units of 650 square feet; provided, however, that multiple-family uses are subject to the major conditional use approval processes and procedures of the City; and Whereas, the future land use designation assigned to the subject property by virtue of the provisions of the City of Sanford Comprehensive Plan is Waterfront Downtown Business District ("WDBD") and, although the property is currently vacant, it previously was used for warehouse and manufacturing uses; and Whereas, in January, 2008, the property owner, in advance of redeveloping the site, requested and received a right-of-way use agreement from the City to allow parking and landscaping improvements within the right-of-way along Poplar Avenue; 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 said Department has recommended approval of the proposed rezoning; and Whereas, on November 19, 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 together with the approval of a conditional use to allow proposed residential uses with the conditions as recommended by staff which conditional use approval will occur by separate action in accordance with the processes and procedures relating to such major conditional use land use approvals; 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 2 actions relating to the rezoning action set forth herein in accordance with the requirements and procedures mandated by State law. 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 2.27 acres in size and located at 918 West First Street, shall be rezoned from, Restricted Industrial ("RI-1 "), to General Commercial ("GC-2"); (Property Appraiser Tax Parcel Identification Number: 25-19-30-300-0210-0000). (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. 3 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 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 11 th day of January, 2010. 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