HomeMy WebLinkAbout4002 Southgate PD - 1600 Rinehart Rd & 4655/4605 St. Johns PkwyOrdinance No. 4002
An ordinance of the City of Sanford, Florida relating to the Southgate
Planned Development ("PD"); providing for legislative findings and
intent; providing for the rezonlng of real property approximately
44.68 acres in size and located at 1600 Rinehart Road, 4655 St.
Johns Parkway, and 4605 St. Johns Parkway; providing for the
taking of implementing .administrative actions; repealing all
conflicting ordinances; providing for severebility; providing for non-
codification and providing for an effective date.
Whereas, Seminole Farms Trust IV, Christopher E. Kelley, as the Successor
Trustee, and Liquid Assets of Southgate LLC are the owners of certain real property,
totaling approximately 44.68 acres in size and located at 1600 Rinehart Road, 4655 St.
Johns Parkway, and 4605 St Johns Parkway (Tax Parcel Identification Numbers 29-19-
30-300-037D-0000, 29-19-30-300-037F-0000, and 29-19-30-300-037E-0000), 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 to accommodate the Southgate development
proposal; and
Whereas, the applicant also submitted a proposed PD Master Plan for the
property pertaining to the Southgate proposed development; and
Whereas, the City staff has reviewed and has subsequently recommended
approval of the proposed rezoning to the PD zoning classification and has reviewed
the proposed PD Master Plan for the property; provided, however, that the
recommendation is subject to certain conditions; and
Whereas, on July 6, 2006, the Planning and Zoning Commission recommended
the application be approved subject to certain conditions; and
Whereas, the City Commission has determined that the proposed action of
rezoning the subject property to the City PD zoning classification (subject to the
conditions set forth herein) 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 it enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings end 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 City Commission agenda memorandum relating to the application
relating to the proposed rezoning of the subject property.
(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.
(d) Development pursuant to the rezoning to PD shall comply with the PD
Master Plan for Southgate as set forth herein.
(e)
Sanford.
The PD will not adversely affect the orderly development of the City of
(f) The PD will not adversely affect the health and safety of the residents or
workers in the area proximate to the property described in this Ordinance and will not
be detrimental to the use of adjacent properties or the general area within which the PD
is located.
Section 2. Rezoning of Real Property/Implementing Administrative
Actions.
(a) Upon enactment of this Ordinance, and the implementing actions relating
to the PD as set forth herein, the following property shall be rezoned to PD and the
application to rezone the subject property as aforesaid is hereby adopted and approved
by the City Commission of the City of Sanford and the actions taken and authorized
herein shall constitute land development regulations for the specific PD zoning district:
Legal description attached as Exhibit "A".
(b) The City Manager, or designee, is hereby authorized to execute the
documents necessary to formalize approval of the rezoning action taken herein and the
ultimate PD Master Plan for the project with all appropriate signatures and joinders
being acquired from the property owners and those holding interests in the subject
property.
(c) The PD agreement (development order) relating to the PD project shall be
drafted by and implemented by the City Attorney and City staff subsequent to City
Commission action which development order shall provide for the following conditions:
1. A PD Master Plan meeting the requirements of the Article IV, Section 4.5
of the Land Development Regulations must be submitted to and approved by City staff,
the Planning and Zoning Commission and the City Commission prior to any
development plan approval for the property. If not specifically noted on the PD Master
Plan, all development standards shall default to the requirements of the GC-2 zoning
district and commercial developments; and
2. The uses allowed on the property shall be limited to the uses allowed
under the GC-2, General Commercial, zoning category except for amusement and
auction uses which shall include the requirement for certain uses to attain conditional
use approval; and
3. The access and cross access points shown on the plan submitted at this
time are not approved as part of this rezoning, but shall be determined at the Master
Plan review stage.
(d) The PD agreement (development order) relating to the PD project shall,
subsequent to appropriate execution, be recorded in the Official Records of Seminole
County, Florida (Land Records) by the City Clerk.
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
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 shall 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 that subject property shall not be
deemed to be assigned the revised PD zoning classification until all implementing
actions are taken as set forth herein.
Passed and adopted this 14th day of August, 2006.
Attest:
~'anet Dougherty, Cit~Clerk ~'
City Commission of the
Sanford, Florida
Linda ~(uhn, Mayor
City of
Certificate
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 4002, Passed and Adopted
by the City Commission of the City of Sanford, Florida, on the 14th day of August,
2006, was posted at the front door of the City Hall in the City of Sanford, Florida, on the
16t~ day of August, 2006.
Jg~net R. Dougherty ,~/
As the City Clerk of the City
of Sanford, Florida
4
ALL THAT PART OF THE E 1/t O1~ TI~E SE 1/,~ OF SEC 29 TWP 19S RGE 30E, SEMINOLE COUNTY,
FL, LYING SLY OF THAT CERTAIN FffW CONNECTOR RD (NOW KNOWN AS ST JOHNS
PARKWAY) SHOWN IN OR BOOK 2589 PG 884 'IHI(OUGH 891 AND LYING ELY O1~ TOWN
CENTER BLVD AS RECORDED IN OR BOOK 2612 P(~ 1940 AND LYING WLY OF RINEHART RD AS
RECORDED IN OR BOOK 2219 PG 1848 Ol~ THE PUBLIC RECORDS Oi~ SEMINOLE COUNTY, FL.
Parcel Numbers: 29-19-30-300-0370-0000, 29-19-30~300-037D-0000, 29-19-30-300-037E-0000
5
Gateway
Plaza
----4
W 1ST ST
PD
Flagship
Park
PD
Seminole
PI Mall
SITE
Best Buy
Wal-Mart
Super Center
Site
1600 Rinehart Road
Parcel No: 29-19-30-3OO-037D-O000
29-19-30-300-037E-0000
29-19-30-300-037F-0000
W P BAIt.
The Marketplace
at Seminole
Towne Center
SR 4't? [GREENEWAY}