HomeMy WebLinkAbout4129 Amended & CorrectedAMENDED AND CORRECTED
ORDINANCE NO. 2008 -4129
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA REZONING
PROPERTIES (APPROXIMATELY 64.82 ACRES IN SIZE) LOCATED
AT ADDRESS 133 NORTH WHITE CEDAR ROAD WITHIN THE CITY
OF SANFORD (TAX ID PARCEL NUMBERS 16 -19 -30 -5AC- 0000 -0740,
16 -19 -30 -5AC- 0000 -0750, 16 -19 -30 -5AC- 0000 -075B, 16- 19- 30 -5AC-
0000 -0800, 16 -19 -30 -5AC- 0000 -089A, 16 -19 -30 -5AC- 0000 -0898, 16 -19-
30 -5AC- 0000 -0900, 16 -19 -30 -5AC- 0000 -0930, 16 -19 -30 -5AC- 0000 -0940
AND 16 -19 -30 -5AC- 0000 -OOLO) FROM AGRICULTURAL (AG) TO
PLANNED DEVELOPMENT (PD); PROVIDING FOR LEGISLATIVE
FINDINGS AND INTENT; PROVIDING SPECIFIC CONDITIONS;
PROVIDING AUTHORITY FOR IMPLEMENTATION OF
ADMINISTRATIVE ACTIONS; REPEALING ALL CONFLICTING
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
NON - CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE.
Whereas, White Cedar Estates, LLC, applicant and fee simple owner of the real
properties, totaling approximately 64.82 acres more or less in size and located at
address 133 North White Cedar Road (Tax Parcel Identification Numbers 16- 19 -30-
5AC- 0000 -0740, 16 -19 -30 -5AC- 0000 -0750, 16 -19 -30 -5AC- 0000 -075B, 16- 19- 30 -5AC-
0000 -0800, 16 -19 -30 -5AC- 0000 -089A, 16 -19 -30 -5AC- 0000 -0898, 16- 19- 30- 5AC -0000-
0900, 16 -19 -30 -5AC- 0000 -0930, 16 -19 -30 -5AC- 0000 -0940 AND 16- 19- 30- 5AC -0000-
OOLO), and advanced 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 their properties
rezoned from Agricultural (AG) to Planned Development (PD) with approved uses as
stated, subject to specific conditions, for consistency with its future land use designation
for a mixed use development with residential, commercial and industrial use and the
adjacent properties; and
Whereas, City staff has reviewed and has subsequently recommended approval
of the proposed rezoning to Planned Development (PD) with approved uses as stated,
subject to specific conditions, for consistency with its future land use designation and
the adjacent properties; and
Whereas, on July 3, 2008, the Planning and Zoning Commission recommended
the application be approved subject to specific conditions; and
Whereas, the City Commission has determined that the proposed action of
rezoning the subject properties to the Planned Development (PD) as stated, is
consistent with its future land use designation, the Comprehensive Plan of the City of
Sanford, the Land Development Regulations of the City of Sanford, and adjacent uses
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 it 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 recitals (whereas clauses) to this Ordinance, the
City staff report and recommendations and the City Commission agenda memorandum
with attachments relating to the application and the proposed rezoning of the subject
properties.
(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.
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(d) Development pursuant to the rezoning to the Planned Development (PD)
for a mixed use development with residential, commercial and industrial use project is
consistent with its future land use designation and the adjacent properties and will
comply with the City's Land Development Regulations and the conditions as applied.
(e) This rezoning action will not adversely affect the orderly development of
the City of Sanford.
(f) The zoning of the subject properties to the Planned Development (PD) for
a mixed use development with residential, commercial and industrial use project subject
to specific conditions, will not adversely affect the health and safety of the residents or
workers in the area proximate to the properties described in this Ordinance and will not
be detrimental to the use of adjacent properties or the general area within which the
subject properties are located.
Section 2. Rezoning of Real Properties /Implementing Administrative
Actions.
(a) Upon enactment of this Ordinance, and the implementing actions relating
to the zoning as set forth herein, the following properties shall be rezoned to Planned
Development (PD) for a mixed use development with residential, commercial and
industrial use project subject to specific conditions and the application to rezone the
subject properties, as aforesaid, is hereby adopted and approved by the City
Commission of the City of Sanford to wit:
16 -19 -30 -5AC- 0000 -0740: Lot 74 St. Joseph's, as recorded
in Plat Book 1, Page 114, Seminole County, Florida.
16 -19 -30 -5AC- 0000 -0750: Lot 75 (less West 132 feet of
north Y2) St Joseph's, as recorded in Plat Book 1, page 114,
Seminole County, Florida.
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16 -19 -30 -5AC- 0000 -075B: West 132 Feet of North Y2 of Lot
75 St. Joseph's, as recorded in Plat Book 1, Page 114,
Seminole County, Florida.
16 -19 -30 -5AC- 0000 -0800: Lot 80 (less East 233 Feet of
South 223 feet) St. Joseph's, as recorded in Plat Book 1,
Page 114, Seminole County, Florida.
16 -19 -30 -5AC- 0000 -089A: Lot 89 (less North 275 Feet of
South 425 Feet of East 305 feet) St. Joseph's, as recorded
in Plat Book 1, Page 114, Seminole County, Florida.
16 -19 -30 -5AC- 0000 -0898: North 75 Feet of the South 425
Feet of the East 305 Feet of Lot 89, St. Joseph's, as
recorded at Plat Book 1, Page 114, Seminole County,
Florida.
16 -19 -30 -5AC- 0000 -0900: Lot 90 St. Joseph's, as recorded
in Plat Book 1, Page 114, Seminole County, Florida.
16 -19 -30 -5AC- 0000 -0930: Lot 93 (less St Road) St.
Joseph's, as recorded in Plat Book 1, Page 114, Seminole
County, Florida.
16 -19 -30 -5AC- 0000 -0940: Lot 94 (less South 660 feet and
road on East) St. Joseph's, as recorded in Plat Book 1, Page
114, Seminole County, Florida.
and
16 -19 -30 -5AC- 0000 -OOLO: Lot L St. Joseph's, as recorded in
Plat Book 1, Page 114, Seminole County, Florida.
(b) The City Manager, or designee, is hereby authorized to execute any and
all documents necessary to formalize approval of the rezoning action taken herein.
(c) A Development Order with specific conditions relating to this rezoning
action shall be drafted and implemented as necessary by the City Attorney and the City
staff subsequent to City Commission action which development order shall provide for
the following specific conditions:
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1. The Planned Development Rezone will expire three years from the effective date
of the Ordinance approved by the City Commission if code mandated substantial
completion has not been accomplished or an extension has not been granted by
the City Commission;
2. Final design and location of all roads, driveways and access points throughout
the project will be considered and approved during development plan review to
meet traffic and safety standards;
3. Along White Cedar Road, additional right of way may be required to create a
maximum right of way width of eighty (80) feet and final determination regarding
right of way dedication will be made during development plan review of the
project;
4. All ROW dedication and all required road improvements associated with this
project will be completed, inspected and approved before any Certificates of
Occupancy for any phase will be issued;
5. All required improvements to City or County owned ROW must be completed,
inspected and approved before any CO's for any phase will be issued;
6. It shall be the responsibility of the developer to obtain approval from the
appropriate City or County Public Works Department for any temporary road
closures and related maintenance of transportation plans for any phase of the
project;
7. A construction truck and vehicle routing plan will be required to be submitted and
approved as part of the development plan review process;
8. The storm water management system may be required to be designed to
implement more restrictive requirements as the City Engineer reviews soil
conditions, seasonal high water tables and similar system influences. The
system may require underdrains for acceptable storm water management
regardless of the quantity of fill placed on the site.
9. The master storm water system must also be designed to accommodate all
storm water from the proposed fire station tract in accordance with existing
covenants;
10. Water and sewer lines (stub -outs) must be designed and provided to the
proposed fire station tract by the developer,
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11. Sidewalks will be required on both sides of North White Cedar Road and one
must be installed on the east side of White Cedar during the road improvement
phase of the project south of Narcissus Avenue. All other sidewalks along White
Cedar shall be installed with the construction of individual tract developments;
12. Bus shelter(s) will be located and designed by the Developer at such place(s) as
shall be mutually agreed upon between Developer, LYNX, and the City as part of
the development plan review of the project. A bus turn -out lane is required to be
designed and constructed at the bus stop(s);
13. Uses not identified on the PD Master Plan shall be limited to those uses identified
as permitted uses within the GC -2 and /or RI -1 zoning categories including the
requirement for conditional use approval;
14. Vacant structures on the property must be demolished and all debris removed
and taken to a landfill within 90 days from final zoning approval;
15. The property must be maintained and regularly mowed during project phasing;
16.Only non - residential uses are permitted on Tracts 1A and 113 as depicted on the
Town Center at White Cedar Master Plan;
17. The Code Exception noted on the Town Center at White Cedar Master Plan that
would allow up to 32 dwelling units per multifamily building on the
apartment/multifamily tracts shall be removed;
18. No residential uses are permitted north of Narcissus Avenue.
(d) The development order relating to these properties and project shall,
subsequent to appropriate execution by all parties, be recorded in the Official Records
of Seminole County, Florida (Land Records) by the City Clerk of the City.
Section 3. Conflicts. All ordinances or part of ordinances in conflict with this
Ordinance are hereby repealed
Section 4. 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 5. 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 will be depicted on the zoning maps of
the City of Sanford by the City Manager, or designee.
Section 6. Effective Date. This Ordinance shall take effect immediately upon
passage and adoption; provided, however, that the subject properties shall not be
deemed to be assigned the PD zoning classification until all implementing actions are
taken and conditions fulfilled as set forth herein.
Passed and adopted this 25th day of August, 2008.'
Attest:
Janet Dougherty, Clerk
Approved as to form and legal sufficie
Ram ert , ity ttorni AN
' Executed upon correction on July3o 2010.
City Commission of the City of
Sanford, Florida
Linda K hn, Mayor
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