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Home My WebLink About4200 Rezone 4201 W 1st St Ordinance No. 4200 An ordinance of the City of Sanford, Florida relating to the MMM Investments, LLC planned development; providing for the rezoning of real property approximately 4.97 acres in size and located at 4201 West First Street (Property Appraiser Tax Parcel Identification Number: 28-19-30-506-0000-0070) within the City Limits (map of the property attached) from Agriculture ("AG"), 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, MMM Investments, LLC, the owner of certain real property, totaling approximately 4.97 acres in size and located at 4201 West First Street within the City Limits of the City of Sanford, through Hubbell, Roth and Clark, Inc., with engineer of record Michael D. Harding, P.E. and architect of record Burke Hogue Mills, Inc., 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 future land use designation assigned to the subject property is Westside Industry and Commerce (WIC) under the provisions of the Comprehensive Plan of the City of Sanford; and Whereas, the PD project is known as "Tuscany Village" which is a proposed mixed use commercial development for a building project, 40,250 square feet in size, that will include boutique outlet retail shops, a bank, restaurants and office buildings; 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, a Citizen's Awareness Participation Plan meeting was not held inasmuch as the PO project is surrounded by vacant property and commercial and industrial properties; provided, however, that the management of the Westlake Apartments, located directly south of the proposed PO, was notified and provided an opportunity to comment about the PO prior to any public hearing being held; 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 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. Now, therefore, be in enacted by the People of the City of Sanford, Florida: 2 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 4.97 acres in size and located at 4201 West First Street, shall be rezoned from Agriculture ("AG"), to Planned Development ("PO"); (Property Appraiser Tax Parcel Identification Number: 28-19-30- 506-0000-0070, or Lot 7, Smiths Third Subdivision, as recorded in Plat Book 1, Page 86, of the Public Records of Seminole County, Florida). (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 generally in accordance with the land uses and development standards identified on the PO Master Plan, dated October 16, 2009, unless otherwise specified in the development order conditions. (2). The project may not exceed the maximum development standards as indicated on the PO Master Plan without approval of the Planning and Zoning Commission. (3). Pursuant to the City's Land Development Regulations, this PO rezoning shall expire three (3) years from the effective date of the approval of this Ordinance if improvements have not been completed or an extension granted by the City Commission. (4). All wet ponds shall incorporate a fountain feature. (5). The final design and location of all driveways and access points, including cross access locations throughout the project, shall be determined during development plan review. (6). Required parking shall be based on the actual use of the building or area. That is, if the actual use is not known when the building (shell) is constructed, the parking requirements shall be calculated based on the most intense use allowed. (7). Landscape design and signage shall comply with the requirements of the West State Road 46/Rinehart Road Gateway Corridor standards as applied and determined by the City. 4 (8). Stormwater design requirements may be increased by the City if warranted on the basis of technical requirements and generally accepted engineering practices and principles. (9). Dedicated pedestrian walkways shall be designed to connect all buildings to the surrounding streets, external sidewalks, transit stops and out parcels. 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 11th day of January, 2010. 5 Attest: c~ 64&; Cynthia Porter, Deputy City Clerk Approved as to form and legal suffi iency. 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