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4330 rezone 2306 W 1st StOrdinance No. 2015-4330 An ordinance of the City of Sanford, Florida relating to the Monroe Place Planned Development ("PD"); providing for the rezoning of real property totaling approximately 4.75 acres in size and addressed at 2306 W. 1St Street (Seminole County Property Appraiser Tax Parcel Identification Number: 26-19-30-300-0070-0000), 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, Peggy J. Nestor, Trustee, is the owner of certain real property, totaling approximately 4.75 acres in size (Property Appraiser Tax Parcel Identification Number: 26- 19 -30- 300 - 0070 -0000) said property being located and addressed at 2306 W. 1s, Street and the owner has applied, through its agent, Jim Hall, AICP, ASLA, of the Vanasse Hangen Brustlin, Inc. firm (with the proposed developer being Picerne Development, LLC), 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 Monroe Place PD; and me Whereas, the proposed use of the property is for a multi-family residential use; 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 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. 2 1Page (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 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 4.75 acres in size, shall be rezoned from the AG, Agriculture, zoning classification, to the Planned Development, PD, zoning classification for the Monroe Place PD (parcel addressed at 2306 W. 1st Street and assigned Seminole County Property Appraiser Tax Parcel Identification Number 26-19- 30-300-0070-0000) 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 3 1 P a Lie 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 Ordinance include the following: (1). The property shall be developed in accordance with the Monroe Place PD Master Plan dated as received November 10, 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 Monroe Place PD Master Plan, any required elements missing from or not shown on the Monroe Place PD Master Plan shall otherwise comply with the City's Land Development Regulations. (4). A fountain shall be installed in any wet retention pond in manner acceptable to the City. (5). A dog walk area with waste collection receptacles shall be provided within the community in accordance with City requirements. (6). A Type One, Masonry Wall visual screen with landscaping installed in accordance with Schedule "J" of the City's Land Development Regulations shall be installed by the owner along the western property (7). A Comprehensive Signage Plan in accordance with the 41Paae requirements of the City's Land Development Regulations shall be submitted for approval to the City. (8). The owner shall coordinate with LYNX to determine the possible addition of a bus stop and shelter and/or the extension of bus or transit services to the property to the satisfaction of the City. (9). Project parking requirement shall be a minimum of 1.1 spaces per unit said requirements including parking for guests and employees to be provided in the area of the clubhouse/leasing office. (10). The stormwater system on the property may be required by the City Engineer to be designed above minimum requirements depending on soil conditions, season high water table, and other considerations. These conditions may require underdrains being installed based on the amount of fill placed on the property. The City shall consider approval of this requirement under the standard of prior similar approvals by the City Engineer relating to similar projects. (11). The following elements shall be considered during the development plan review and, if City staff and the owner are unable to resolve issues relating to the details of enhancement, the disputed matter will be presented to the Planning and Zoning Commission for consideration in a quasi-judicial proceeding. (A). Site improvements shall include the incorporation of low impact development (LID) techniques and be consistent with crime prevention through environmental design (CPTED) guidelines. (B). Elements of the building construction shall 51 P a g e incorporate LEED, Florida Green and other equivalent energy savings standards. (C). Architectural elevations shall reflect urban design elements which are consistent with the overall development and such matters shall be reviewed during the Development Plan review process. (12). Prior to demolition of any structure on the property, the owner shall work with an appropriate organization to deconstruct salvageable materials for recycling and reuse rather than placing such materials into a landfill. (13). Additional uses that are not identified on the Monroe Place PD Master Plan shall be limited to those listed as permitted uses that are permitted within the MR -3, Multiple - Family Residential, zoning classification including, but not limited to, the requirement for any conditional use approvals. 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 determined to be invalid, unlawful, or unconstitutional. 61 P G� = r 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 ofj the City of Sanford, Florida � I Cynthia Porter, City Clerk Jeff Triplett, 71Pa e DOCUMENTS ATTACHED HERE 8 a 4e