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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}