4202 Rezone 402 Celery Ave
Ordinance No. 4202
An ordinance of the City of Sanford, Florida relating to the Gary
Rager/Rager Studios, Inc. and Communication Technologies, LLC
planned development; providing for the rezoning of real property
approximately 0.57 acre in size and located at 402 Celery Avenue,
1121 Sanford Avenue, 1123 Sanford Avenue, and 1127 Sanford
Avenue (Property Appraiser Tax Parcel Identification Numbers: 25-
19-30-5AG-130A-0100, 30-19-31-522-0000-037 A, 30-19-31-522-0000-
0370, and 30-19-31-522-0000-0390) within the City Limits (map of the
property attached) from Restricted Commercial ("RC-1 "), to Planned
Development (UPD"), for the Rager Car Lot Sales and Service 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, Rager Studios, Inc. and Communication Technologies, LLC are the
owners of certain real property, totaling approximately 0.57 acre in size and located at
402 Celery Avenue, 1121Sanford Avenue, 1123 Sanford Avenue, and 1127 Sanford
Avenue, and they 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; and
Whereas, the applicants have applied to rezone the property in order to develop
a development providing for automotive and manufacturing uses such as indoor
manufacturing, automobile dealer repairs (with collision repairs and a painting booth),
automobile accessory sales (tires), and motor vehicle service; and
Whereas, the PO project represents an effort by the applicants to memorialize
the existing previously approved uses of light manufacturing, paint booth related
services and vehicular accessory sales and installation on the subject property and to
add vehicular service uses while integrating and improving the property by combining all
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four (4) tax parcels into one assembled master planned development with improved
appearance, access and landscaping; and
Whereas, the PD consolidates existing nonconforming parcels thereby providing
the opportunity to implement redevelopment and renewal in the target area of
Georgetown as cited in Objective 1-2.4 and Policy 1-2.4.7 of the City of Sanford
Comprehensive Plan; and
Whereas, by applying and implementing the City's Urban Infill Redevelopment
Policy the City will mix land uses that do not conform to typical land use categories or
development forms and merge them into a more amalgamated and consolidated site
with better traffic flow, parking, and cross access in addition to enhancements to the
landscaping of the site and the buildings constructed on the site; 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, The following uses have been previously approved by the Planning
and Zoning Commission for the subject property:
(1). October, 2001: Conditional use to allow a paint booth at 1121 and 1123
Sanford Avenue for an auto/plastic body shop,
(2). May, 2002: Conditional use to allow indoor manufacturing at 1121 and
1123 Sanford Avenue to allow manufacturing related to Rager Studios, a specialty art
manufacture, and
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(3). April, 2005: Conditional use to allow vehicular accessory sales and
installation at 402 Celery Avenue for a tire sales and service business,
; and
Whereas, a Citizen's Awareness Participation Plan (CAPP) meeting was held
on October 22, 2009 with the applicants scheduling the CAPP meeting for 1 :00 p.m. on
that day at the site, but none of the notified parties were in attendance.; and
Whereas, on December 17, 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:
Section 1. Legislative findings and intent.
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(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 0.57 acre (or 24,851
square feet) in size and being located at located at 402 Celery Avenue, 1121Sanford
Avenue, 1123 Sanford Avenue, and 1127 Sanford Avenue, shall be rezoned from,
Restricted Industrial ("RI-1 "), to Planned Development ("PO"); (Property Appraiser Tax
Parcel Identification Numbers: 25-19-30-5AG-130A-0100, 30-19-31-522-0000-037 A,
30-19-31-522-0000-0370, and 30-19-31-522-0000-0390). The subject property is also
described as:
Lots 37,38 and 39, plus the East 11 feet of vacated street on West, of the
Plat of Holden Real Estate Company's Addition, as recorded at Plat Book
1, Page 89 of the Public Records of Seminole County,
together with:
Lot 10 plus the East 11 feet of vacated street on West, Block 13, Tier A,
of the Plat of Town of Sanford, as recorded at Plat Book 1, Page 56 of the
Public Records of Seminole County.
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(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
following:
(1). Pursuant to Section 4.3.G of the City's Land Development Regulations,
this rezoning shall expire three (3) years from the effective date of the approval of this
Ordinance if all improvements have not been completed or an extension granted.
(2). A Development Plan meeting the requirements of the City's Land
Development Regulations and prepared by a Florida registered engineer must be
submitted, reviewed and approved by City staff and a Site Development Permit issued
within one hundred and twenty (120) days of the effective date of this Ordinance.
(3). The final design and location of all driveways and access points
throughout the project will be determined during development plan review.
(4). Landscape design along both road frontages must be enhanced over the
minimum standards of the Landscape Regulations of the City's Land Development
Regulations
(5). A comprehensive sign plan must be submitted and approved by staff as
part of the development plan review process.
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(6). The sale of any kind of motor vehicle including, but not limited to
automobiles, motorcycles, boats and power sports equipment, is prohibited.
(7). All permitted vehicular repair, vehicular service and vehicular accessory
sales and installation uses, and associated uses, shall be located and occur indoors.
(8). Failure to comply with any of the conditions of approval, upon a finding
being made by the Code Enforcement Special Magistrate of the City and the recording
of his or her Order in that regard, shall automatically result in lapse of approval of the
action taken in this Ordinance and any implementing actions and the zoning of the
subject property shall automatically revert to the Restricted Commercial ("RC-1") zoning
classification/d istrict.
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;
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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 25th day of January, 2010.
A
the City of
Attest:
Approved as to form and legal sufficiency.
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1. Vacant Sanford Avenue 25-19-30-5AG-130A-0100 --- ~K..
2. 1121 Sanford Avenue 30-19-31-522-0000-0390
3. 1127 Sanford Avenue 30-19-31-522-0000-0370
4. 402 Celery Avenue 30-19-31-522-0000-037A
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