4329 rezone 4400 St. Johns ParkwayOrdinance No. 2015 -4329
An ordinance of the City of Sanford, Florida relating to the Medical
Clinic Planned Development ( "PD "); providing for the rezoning of
real property totaling approximately 4.00 acres in size and addressed
at 4400 St Johns Parkway (Seminole County Property Appraiser Tax
Parcel Identification Number: 28- 19 -30- 506 - 0000- 037A), said property
being located within the City Limits (map of the property attached),
from AG, Agriculture, to PD, Planned Development; providing for the
taking of implementing administrative actions; providing for the
adoption of a map and PD master plan by reference; repealing all
conflicting ordinances; providing for severability; providing for non -
codification and providing for an effective date.
Whereas, the Eoghan N. Kelley Family LP, is the owner of certain real property,
totaling approximately 4.00 acres in size (Property Appraiser Tax Parcel Identification
Number: 28 -19 -30 -506- 0000 -037A) said property being located and addressed at 4400
St Johns Parkway and the owner has applied, through its agent, David L. Evans P.E. of
Evans Engineering, 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,
which is currently assigned the AG, Agriculture, zoning classification, to be rezoned to
the Planned Development, PD, zoning classification with the project being named the
Medical Clinic PD; and
Whereas, the proposed use of the property is for a medical office /clinic; and
Whereas, the Citizen's Awareness Participation Plan (CAPP) requirements of
the City relative to the proposed amendment to the Comprehensive Plan have been
met by the applicant to the satisfaction of the City and the CAPP procedures of the City
have been adhered to and honored with a CAPP meeting occurring on November 17,
2014; and
Whereas, the City's Planning and Development Services Department has
conducted a thorough review and analysis of the demands upon public facilities and
general planning and land development issues should the subject application be
lI
approved and has otherwise reviewed and evaluated the application to determine
whether is comports with sound and generally accepted land use planning practices
and principles as well as whether the application is consistent with the goals, objectives
and policies set forth in the City's Comprehensive Plan and determined that the
proposed the amendment of the City's Comprehensive Plan relative to the subject
property as set forth in this Ordinance is internally consistent with the Comprehensive
Plan of the City of Sanford and the controlling provisions of State law; and
Whereas, on December 4, 2014 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 as well as the conditions set forth
herein; 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 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 City staff report and City Commission agenda
2 1 .,
memorandum relating to the application relating to the proposed rezoning of the subject
property as well as the recitals (whereas clauses) to this Ordinance said recitals being
fully adopted and incorporated as an integral part of 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, totaling 4.00 acres in size, shall be rezoned from
the AG, Agriculture, zoning classification, to the Planned Development, PD, zoning
classification for the Medical Clinic PD (parcel addressed at 4400 St Johns Parkway
and assigned Seminole County Property Appraiser Tax Parcel Identification Number
28- 19 -30- 506 - 0000 -037A) with the development conditions as set forth herein.
(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 following conditions shall be incorporated into the pertinent
development order drafted by the City Attorney in a form provided and approved by the
City Attorney. The development order must be signed and executed by the owner within
90 days of the enactment of this Ordinance by the City Commission or the zoning
classification, as modified in this Ordinance, shall, automatically and without any action
being taken by the City, revert back to the previous AG, Agriculture, zoning
classification. The conditions referenced above relating to the action taken in this
3 ir '.-
Ordinance include the following:
(1). The property shall be developed in accordance with the
Medical Clinic PD Master Plan dated as received November 19, 2014.
(2). Pursuant to Section 4.3.G of the City's Land Development
Regulations, the PD rezoning set forth herein shall expire 3 years from the
effective date of this Ordinance if all improvements have not been
completed or an extension granted. The City may file an affidavit in the
Public Records (Land Records) of the County to implement said expiration
which may only be extended by application and appropriate action being
taken prior to the expiration of this Ordinance.
(3). Unless specifically noted and approved on the Medical Clinic
PD Master Plan, any required elements missing from or not shown on the
Medical Clinic PD Master Plan shall otherwise comply with the City's Land
Development Regulations.
(4). A Development Plan prepared and sealed by a licensed
engineer meeting the requirements of the Land Development Regulations
shall be submitted and approved by the City prior to any construction
occurring on the property.
(5). The final design and location of all driveways and access
points including, but not limited to, cross access locations throughout the
project, shall be determined, and shall be subject to City approval, during
Development Plan review and it is noted that construction within the
Upsala Road County right -of -way will require Seminole County permits
and such permitting activity shall be coordinated by the Owner with the
City as deemed necessary by the City.
4I {,,l „,,
(6). Stormwater and drainage improvements for the property
shall be compliant with the Master Drainage System and the associated
St Johns River Water Management District requirements as determined
by the City.
(7). Because the proposed development of the property will use
an adjacent stormwater pond, a fountain feature shall be installed in the
pond by the owner as part of the project improvements and the fountain
shall be maintained in good order at all times. The legal instruments
implementing this provision shall be subject to City staff review and
approval of the legal documents by the City Attorney.
(8). The final location and width of required drainage easements
shall be determined during the Development Review process. Said
easements shall be wide enough to accommodate both installation and
maintenance of the pipes and related utilities as determined by the City.
The documents used in granting the easements shall be subject to review
and approval by the City Attorney.
Section 3. Incorporation of documents. The documents attached to this
Ordinance are 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
5 1 .
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, and; provided, further,
however, that technical issues relative to the action taken herein may be addressed
administratively for example by correction of Scrivener's errors in this, or other,
documents.
Section 7. Effective Date This Ordinance shall take effect immediately upon
the execution and recording of the Development Order referenced in this Ordinance;
provided, however, that said Development Order must be fully executed and delivered
to the City Clerk for recording within 90 days of the date of enacted of this Ordinance.
Otherwise, this Ordinance shall be null and void and of no force and effect.
Passed and adopted this 12th day of January, 2015.
Attest. City Commission of the City of
Sanford, Floroa
Cynthia Porter, City Clerk Jeff Triplett,
Approved as to form and legal sufficiency.
KiNFAM
611,,,,