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4379 PD Rezone 343 Monroe RdOrdinance Number 2016-4379 An ordinance of the City of Sanford, Florida relating to the amend the DeBoer Planned Development (PD) approved by Ordinance Number 3774 and create and establish the Ganesh North PD; providing for the rezoning of real property located at 343 Monroe Road and assigned the following Tax Parcel Identification Numbers by the Seminole County Property Appraiser: 16-19-30 -5AC-0000-081 0, 16-19-3O-5AC-0000-0820,16-19-30-5AC-0000-082A,16-19-30-5AC-0000- 082B and 16-19-30-5AC-0000-082C all properties located within the City Limits (map of the property attached) from the existing PD and AG, Agriculture, to a PD to be known as the Ganesh North PD subject to specific requirements and conditions; providing for a means of conflict resolution by the Planning and Zoning Commission; providing for the taking of implementing administrative actions; providing for the adoption of a map and PD master plan by reference; providing for conflicts, but providing for a PD amendment and harmonization with prior actions by the City; providing for severability; providing for non-codification and providing for an effective date. Whereas, Ganesh Holdings North LLC (c/o Mr. Kiran Nathoo) is the owner of certain real property within the City Limits of the City of Sanford (assigned the following Tax Parcel Identification Numbers by the Seminole County Property Appraiser: 16-19-30-5AC-0000-0810,16-19-30-5AC-0000-0820,16-19-30-5AC-0000-082A, 16-19-3 0-5AC-0000-082B and 16-19-30-5AC-0000-082C) and it 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 from the existing PD and AG, Agriculture, zoning classifications; and Whereas, the subject property to be added to the PD is 0.462 acre in size, which results in DeBoer PD (located at 343 Monroe Road as approved by Ordinance Number 3774), when merged with the subject property, the PD totaling 15.8 acres in size; Whereas, the existing DeBoer PD, together with the additional acreage, shall be known as the Ganesh North PD; and Whereas, the City Commission enacted Ordinance Number 3774 on February 24, 2003 establishing the DeBoer Industrial Park PD and its associated Master Plan which generally established land uses consistent with the RI-1, Restricted Industrial, zoning district pursuant to Schedule B of the City's Land Development Regulations (LDR); and Whereas, the applicant for this action is Mr. Robert VonHerbulis of McKee Construction Company which is located at 790 Monroe Road in the City of Sanford; and Whereas, the proposed use of the subject property for a mixed use commercial/industrial development would be consistent with the intent and purpose of the land use designations assigned to the subject property under the provisions of the City's Comprehensive Plan and Future Land Use Map; and Whereas, the proposed use of the subject property is for a PD allowing all permitted uses allowed in RI-1 and the GC-2 zoning districts with development of the site infrastructure in one phase followed by the construction of a total of four flex space buildings and one office /warehouse building totaling approximately 257,500 square feet at buildout; and Whereas, the City's Planning and Development Services Department has conducted a thorough review and analysis of the demands upon public facilities and recommended that the subject rezoning application be approved having determined that the proposal is technically sufficient and consistent with the goals, policies and objectives of the Comprehensive Plan of the City of Sanford, the City's LDR, and the controlling provisions of State law; and 2 1 P u a e Whereas, on June 2, 2016 the Planning and Zoning Commission recommended that the City Commission approve the rezoning request and recommended that such approval be subject to numerous conditions; and Whereas, the City staff, recommended approval of this Ordinance subject to normative development detailed development requirements and conditions some of which, if not later resolved, shall be subject to resolution by the Planning and Zoning Commission and normative administrative and appeal processes and procedures relating thereto; and Whereas, the City Commission has determined that the proposed rezoning of the subject property as set forth in this Ordinance is consistent with the Comprehensive Plan of the City of Sanford, the City's LDR, and the controlling provisions of State law; and Whereas, the applicant and the City Commission of the City of Sanford, Florida has taken all actions relating to the PD rezoning action set forth herein in accordance with the requirements and procedures mandated by State law and controlling City codes and ordinances. 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 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 approval set forth in this Ordinance is subject to the specific conditions that are set forth subsequently in this Ordinance and the Property Owner has agreed that no requirement herein lacks an essential nexus to a legitimate public purpose and is not roughly proportionate to the impacts of the proposed use that the City seeks to avoid, minimize, or mitigate. (c). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. (d). This Ordinance is consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford. ."D Section 2. Rezoning of real property /implementing actions; Ganesh North (a). Upon enactment of this Ordinance the property, as depicted in the map attached to this Ordinance shall be rezoned from the existing PD and the AG, Agriculture, zoning classification to the Ganesh North PD zoning classification consistent with the provisions of this Ordinance. (b). The City Manager, or designee, is hereby authorized to execute any documents necessary to formalize approval of the rezoning action taken herein with regard to the Ganesh North PD 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 and as set forth herein. (c). The conditions to be incorporated into the pertinent development order relating to the action taken in this Ordinance include the following: (1). Pursuant to Section 4.3.G of the City Code of the City of Sanford (containing the LDR), this rezoning shall expire 3 years from the effective date of this Ordinance if all improvements have not been completed or an extension granted. (2). All development shall be consistent with the Ganesh PD Master Plan, dated as received by the City on May 31, 2016, unless otherwise specifically set forth any associated development order; provided, however, that all subsequent development 4(11t orders shall be consistent with the provisions of this Ordinance. (3). All land use activities conducted on site shall be in accordance with Schedule B — Permitted Uses, LDR for GC -2, General Commercial and RI -1, Restricted Commercial zoning with the exception that no vehicular land uses shall be permitted on site. The less restrictive requirement for establishment of any specific land use category shall prevail on any given use. If a conditional use approval is required in both zoning districts, then a conditional use approval is required to establish the use. (4). All activities shall be conducted indoors, including any storage or assembly unless approved in accordance with Schedule B — Permitted Uses, LDR. (5). All signs on site shall be subject to an approved comprehensive sign plan as established in Schedule K, Sign Regulations, LDR. (6). Appropriate buffers by means of decorative walls or evergreen shrubs shall be provided to minimize impacts on any adjacent residential uses all as determined by the City. (7). Unless otherwise specified on the Ganesh North PD Master Plan, all development shall comply with setback and buffer requirements set forth in Schedule J, Landscape, Buffer and Tree Requirements, LDR. (8). All requirements relating to wetland and tree mitigation as established in the City's LDR shall be met prior to development of the site. (9). If determined to be required and prior to any issuance of a site development permit relating to the subject property, acceptable fencing around the property shall be submitted for City staff approval. (10). A minimum 10 foot right of way dedication or easement shall be provided along Narcissus Avenue as required by Seminole County or the City of Sanford at such 5 111cb �. time road improvements become necessary. (11). The following design elements will be considered during the development plan review: (A). Site improvements may include the incorporation of low impact development (oftentimes referred to as "LID") techniques and crime prevention through environmental design (oftentimes referred to as "CPTED") guidelines. (B). Elements of buildings may be constructed incorporating Leadership in Energy and Environmental Design (oftentimes referred to as "LEED"), Florida Green, or such other equivalent energy savings standards as may be approved by the City. (C). Unless specifically requested and approved on the referenced Ganesh North PD Master Plan, any required elements missing from or not shown on the Ganesh North PD Master Plan shall comply with the City's LDR. (D). A decorative and functional fountain shall be installed and maintained in all wet retention ponds all as approved by the City. (12). Any dispute relative to the following matters shall be resolved by the Planning and Zoning Commission, after a public hearing, by means of a development order or denial development order relating thereto. Section 3. Incorporation of map and PD Master Plan for Ganesh North PD. The map attached to this Ordinance is hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance establishing the Ganesh North PD. The City's actions in enacting Ordinance Number 3774 and the implementation thereof by the City are likewise ratified and affirmed. 6 11-1 a g e Section 4. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. City staff shall harmonize the approval and actions set forth herein together which those taken relative to the DeBoer PD approved by Ordinance Number 3774. 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; Implementation. (a). 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 (LDR); 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. (b). The City Manager, or designee, shall implement the provisions of this Ordinance by means of a development agreement which shall be executed by the Property Owner within 60 days of the effective date of this Ordinance or the subject property's zoning classification shall revert to the zoning classification that was in place for the subject property prior to the approval of the Ganesh North PD. Section 7. Effective Date. This Ordinance shall take effect immediately upon enactment. Passed and adopted this 27th day of June, 2016. Attest: City Commiss on of the City of Sanford, F,Yoridk\ Cynthia Porter, City Clerk Jeff Trip Approved as to form and legal sufficiency. William L. Colbert, City Attorney 8 1Pa- 18 -1 CITY COMMISSION MEMORANDUM 16.214 .TUNE 27, 20'16 AGENDA To: PREPARED BY: SUBMITTED BY: SUBJECT: WS— RM X Item No. -7.6 Honorable Mayor and Members of the City Commission Cynthia Porter, City Clerk Russell Gibson, AICP – PllAing & Norton N. Bonaparte, Jr., City ManE Amend the existing DeBoer PD by parcel currently zoned AG, Agricult acres as the Ganesh North PD Director id rezoning a 0.462 acre renaming the entire 15.80 THIS IS A QUASI - JUDICIAL MATTER AND, AS SUCH, REQUIRES DISCLOSURE OF ALL EX PARTE COMMUNICATIONS, INVESTIGATIONS, SITE VISITS AND EXPERT OPINIONS REGARDING THIS MATTER. STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ® Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Ordinance No. 4379, to rezone a 0.462 acre parcel at 343 Monroe Road from AG, Agriculture to PD, Planned Development and amend the approved DeBoer Industrial Park PD Master Plan by adding the 0.462 acre parcel to the DeBoer PD to create the Ganesh North PD Master Plan, is being submitted for second reading and adoption. The property owner is Ganesh Holdings North, LLC. The applicant, Robert VonHerbulis of McKee Construction Company, accomplished the Citizens Awareness Participation Plan. The Affidavit of Ownership and Designation of Agent form is attached and other information is available in order to ensure that all potential conflicts of interests are capable of being discerned. FISCALISTAFFING STATEMENT: Based on the Seminole County Property Appraiser's 2015 property tax roll, the existing vacant 0.462 acre property to be rezoned has an assessed value of $13,860 and a total tax bill of $282. When adding the new parcel to the DeBoer PD to create the mixed use commercial /industrial Ganesh PD Master Plan, the total assessed value for the overall 15.8 acre project is $988,954, generating a total tax bill of $20,127. The rezoning and addition of the property to the DeBoer PD Page I of 5 to create Ganesh North PD Master Plan, will further facilitate new non - residential construction and additional tax revenue to the City. BACKGROUND: The subject property, addressed as 343 Monroe Road, is located on the northeast corner of Narcissus Avenue and Monroe Road. The Sanford City Commission adopted Ordinance No. 3774 on February 24, 2003, establishing the DeBoer Industrial Park PD Master Plan. The approved PD generally established land uses consistent with the RI -1, Restricted Industrial zoning district pursuant to Schedule B of the City's Land Development Regulations. The underlying Future Land Use is WIC, Westside Industry and Commerce, which is a mixed use designation intended to promote the development of employment centers in the vicinity of the West SR 46 corridor and the commuter rail station. The corridor's proximity to I -4 as well as SR 46 and the SunRail commuter line provides access to regional markets and a substantial labor force. The CSX Main Rail Line also provides a transportation amenity of regional significance. The WIC designation permits both a vertical and horizontal land use mix of commercial, office, residential and the maximum intensity for commercial, office and industrial development as a floor area ratio of 0.50. The maximum residential density shall be 20 dwelling units per acre. The breakdown of the WIC, Westside Industry and Commerce is as follows: The creation of the Ganesh North PD Master Plan, which is proposed to be a mixed use commercial /industrial development, would be consistent with the intent and purpose of the WIC, Westside Industry and Commerce designation. To promote Westside Industry and Commerce, new development shall be required to address infrastructure needs, provision of services, development phasing, development intensity and land use compatibility as part of an integrated design scheme which includes very detailed strategies and techniques for resolving development impacts. Planned Development proposals in the WIC area may be the subject of negotiated development agreements. All new development in the Westside Industry and Commerce Area shall comply with the following: • Requirements and procedures for obtaining a WIC mixed use Future Land Use Map designation and appropriate zoning; • Standards for controlled access and internal circulation, including cross access easements and joint use of driveways; • Development standards for Gateway Corridor Development Districts; including requirements for buffer yards, landscaping, and screening, off - street parking and signage; and Planning and management criteria regulation the land use mix, intensity, and qualitative standards for assuring land use compatibility and consistency with the Comprehensive Plan. Page 2 of 5 0.5 FAR 0.50 FAR 20 du /acre Mixed Use Westside Industry WIC 15%150% 30%175% 10% / 40% Districts & Commerce The creation of the Ganesh North PD Master Plan, which is proposed to be a mixed use commercial /industrial development, would be consistent with the intent and purpose of the WIC, Westside Industry and Commerce designation. To promote Westside Industry and Commerce, new development shall be required to address infrastructure needs, provision of services, development phasing, development intensity and land use compatibility as part of an integrated design scheme which includes very detailed strategies and techniques for resolving development impacts. Planned Development proposals in the WIC area may be the subject of negotiated development agreements. All new development in the Westside Industry and Commerce Area shall comply with the following: • Requirements and procedures for obtaining a WIC mixed use Future Land Use Map designation and appropriate zoning; • Standards for controlled access and internal circulation, including cross access easements and joint use of driveways; • Development standards for Gateway Corridor Development Districts; including requirements for buffer yards, landscaping, and screening, off - street parking and signage; and Planning and management criteria regulation the land use mix, intensity, and qualitative standards for assuring land use compatibility and consistency with the Comprehensive Plan. Page 2 of 5 The proposed development will be mixed use commercial /industrial allowing all permitted uses allowed in the RI -1 and GC -2 zoning districts. The property is vacant. The applicant is proposing to develop the site infrastructure in one phase followed by the construction of a total of four flex space buildings and one office /warehouse building totaling approximately 257,500 square feet at buildout. The rezone of the 0.462 acre parcel from AG, Agriculture to PD, Planned Development and incorporation into the existing PD supports the Redevelop and Revitalize Disadvantaged Communities strategic priority. The property is vacant and the applicant is proposing a mixed use commercial /industrial development which could generate growth and revenue for the City. On June 2, 2016, the Planning and Zoning Commission reviewed the request and recommended the City Commission adopt an Ordinance to rezone a 0.462 acre parcel from AG, Agriculture to PD, Planned Development and amend the approved DeBoer Industrial Park PD Master Plan by adding the 0.462 acre parcel to the DeBoer PD to create the Ganesh North PD Master Plan subject to a Development Order with the conditions as recommended by staff. The City Commission approved the first reading of Ordinance No. 2016 -4379 on June 13, 2016. The City Clerk published notice of the public hearing in the Sanford Herald on June 12, 2016. LEGAL, REVIEW: The City Attorney has reviewed the staff report and has noted the following: Section 166.033, Florida Statutes, provides as follows (please note emphasized text): "(1) When reviewing an application for a development permit that is certified by a professional listed in s. 403.0877, a municipality may not request additional information from the applicant more than three times, unless the applicant waives the limitation in writing. Before a third request for additional information, the applicant must be offered a meeting to attempt to resolve outstanding issues. Except as provided in subsection (4), if the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the municipality, at the applicant's request, shall proceed to process the application for approval or denial. (2) When a municipality denies an application for a development permit, the municipality shall give written notice to the applicant. The notice must include a citation to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the permit. (3) As used in this section, the term "development permit" has the same meaning as in s. 163.3164, but does not include building permits. (4) For any development permit application filed with the municipality after July 1, 2012, a municipality may not require as a condition of processing or issuing a development permit that an applicant obtain a permit or approval from any state or federal agency unless the agency has issued a final agency action that denies the federal or state permit before the municipal action on the local development permit. (5) Issuance of a development permit by a municipality does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency Page 3 of 5 or undertakes actions that result in a violation of state or federal law. A municipality shall attach such a disclaimer to the issuance of development permits and shall include a permit condition that all other applicable state or federal permits be obtained before commencement of the development. (6) This section does not prohibit a municipality from providing information to an applicant regarding what other state or federal permits may apply." The above - referenced definition of the term "development permit" is as follows: "(16) 'Development permit' includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land." (Section 163.3164(16), Florida Statutes). Thus, if this application is denied, a denial development order must be issued which must cite to the applicable portions of each ordinance, rule, statute, or other legal authority supporting the denial of the application. For example, if a goal, objective or policy of the Sanford Comprehensive Plan were to be the basis for a denial, then such goal, objective or policy must be part of the motion proposing the denial. A denial development order would be drafted to implement the actions of the Planning and Zoning Commission in the event of such occurrence. Accordingly, any motion to deny must state, with particularity, the basis for the proposed denial. The term "development order" is defined as follows and, as can be seen, refers to the "granting, denying, or granting with conditions [of] an application" "(15) `Development order' means any order granting, denying, or granting with conditions an application for a development permit." (Section 163.3164(15), Florida Statutes). RECOMMENDATION: Staff, together with the Planning and Zoning Commission (P &ZC), recommends that the City Commission approve to rezone 0.462 acre parcel from AG, Agriculture to PD, Planned Development and to amend the approved DeBoer Industrial Park Planned Development Master Plan by adding the 0.462 acre to the DeBoer PD to create the Ganesh North PD Master Plan, as recommended by staff subject to a Development Order that includes all recommended conditions: 1. Pursuant to Section 4.3.G of the Land Development Regulations (LDR) of the City of Sanford, this rezoning shall expire 3 years from the effective date of this Ordinance if all improvements have not been completed or an extension granted. 2. All development shall be consistent with the Ganesh PD Master Plan, dated as received by the City on May 31, 2016, unless otherwise specifically set forth any associated development order; provided, however, that all subsequent development orders shall be consistent with the provisions of this Ordinance. 3. All land use activities conducted on site shall be in accordance with Schedule B — Permitted uses, Sanford LDR for GC -2, General Commercial and RI -1, Restricted Commercial zoning with the exception that no vehicular land uses shall be permitted on site. The less restrictive requirement for establishment of any specific land use category shall prevail on any given use. If a Conditional Use approval is required in both zoning districts, then a conditional use approval is required to establish the use. Page 4 of 5 4. All activities shall be conducted indoors, including any storage or assembly unless approved in accordance with Schedule B, Permitted Uses, LDR. 5. All signs on site shall be subject to an approved comprehensive sign plan as established in Schedule K, Sign Regulations, LDR. 6. Appropriate buffers by means of decorative walls or evergreen shrubs shall be provided to minimize impacts on any adjacent residential uses as determined by the City. 7. Unless otherwise specified on the Ganesh North PD Master Plan, all development shall comply with setback and buffer requirements set forth in Schedule J, Landscape, Buffer and Tree Requirements, LDR. 8. All requirements relating to wetland and tree mitigation as established in the City's LDR shall be met prior to development of the site. 9. If determined to be required and prior to any issuance of a site development permit relating to the subject property, acceptable fencing around the property shall be submitted for City staff approval. 10. A minimum 10 foot right of way dedication or easement shall be provided along Narcissus Avenue as required by Seminole County or the City of Sanford at such time road improvements become necessary. 11. The following design elements will be considered during the development plan review: a. Site improvements may include the incorporation of low impact development (oftentimes referred to as "LID ") techniques and crime prevention through environmental design (oftentimes referred to as "CPTED ") guidelines. b. Elements of buildings may be constructed incorporating Leadership in Energy and Environmental Design (oftentimes referred to as "LEER "), Florida Green, or such other equivalent energy savings standards as may be approved by the City. c. Unless specifically requested and approved on the referenced PD Master Plan, any required elements missing from or not shown on the PD Master Plan shall comply with the City's LDR. d. A decorative and functional fountain shall be installed and maintained in all wet retention ponds. 12. Any dispute relative to the aforementioned matters shall be resolved by the Planning and Zoning Commission, after a public hearing, by means of a development order or denial development order relating thereto. Additional comments or recommendations may be presented by staff at the meeting. SUGGESTED MOTION: "I move to adopt Ordinance No. 2016 -4379 to rezone 0.462 acre parcel from AG, Agriculture to PD, Planned Development and to amend the approved DeBoer Industrial Park Planned Development Master Plan by adding the 0.462 acre to the DeBoer PD to create the Ganesh North PD Master Plan, as recommended by Staff and the Planning and Zoning Commission, based on the request being consistent with the Future Land Use designation." Attachments: Project Information Sheet Site Vicinity Map /Aerial Map Affidavit of Ownership Ordinance No. 3774 with Original Master Plan & DO CAPP Summary Ordinance No. 2016 -4379 Ganesh North PD Master Plan Page 5 of 5 • , PROJECT INFORMATION - 343 MONROE ROAD PD REZONE AND AMENDMENT Requested Action: Amend the DeBoer Industrial Park Planned Development Master Plan by Rezoning a 0.462 acre parcel from AG, Agriculture to PD, Planned Development and adding it to the DeBoer PD to create the Ganesh North PD Master Plan, a 15.8 acre mixed use commercial /industrial development. Proposed Use: Mixed Use Commercial /Industrial Project Address: 343 Monroe Road Current Zoning: AG, Agriculture and PD, Planned Development Tax Parcel Numbers: 16 -19 -30 -5AC -0000 -0810, 16 -19 -30 -5AC- 0000 -0820, 16 -19 -30 -5AC- 0000 -082A, 16 -19 -30 -5AC- 0000 -082B, 16- 19- 30- 5AC - 0000 -082C Site Area: 15.8 Acres Existing Buildings: Vacant Property Owner: Ganesh Holdings North LLC Attn: Kiran Nathoo 5700 Dot Com Ct, STE 100 Oviedo, FL 32765 Applicant/Agent McKee Construction Company Robert VonHerbulis 790 Monroe Road Sanford, FL 32771 Commission District: District 2 — Commissioner Velma Williams COMPREHENSIVE PLAN COMPLIANCE REVIEW Planning staff has reviewed the request and has determined the use and proposed improvements to be consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Future Land Use: PD, Planned Development Existing Land Use: Vacant Surrounding Uses and Zoning: CONCURRENCY Zoning PD, Planned Development A -1, Agriculture (County) PD, Planned Development AG, Agriculture AG, Agriculture and A -1, Agriculture (County) Concurrency is a finding that public facilities and services necessary to support a proposed development are available, or will be made available, concurrent with the impacts of the development. An assessment will be made at the development review stage. TADevelopment Review \03 -Land Development\2016 \343 Monroe Road - Ganesh \CC - Ganesh \PROJECT INFO - Updated - Ganesh- 343 Monroe Rd.doc Page I of I Uses North Industrial South Single Family Residential (County) Vacant (County), Vacant (City) East Warehouse West Residential, Single Family, Commercial and Vacant CONCURRENCY Zoning PD, Planned Development A -1, Agriculture (County) PD, Planned Development AG, Agriculture AG, Agriculture and A -1, Agriculture (County) Concurrency is a finding that public facilities and services necessary to support a proposed development are available, or will be made available, concurrent with the impacts of the development. An assessment will be made at the development review stage. TADevelopment Review \03 -Land Development\2016 \343 Monroe Road - Ganesh \CC - Ganesh \PROJECT INFO - Updated - Ganesh- 343 Monroe Rd.doc Page I of I Maronda •r Seminole Trace Apartments Aldi 0 W 0 W z 0 2 Site 343 Monroe Road Parcel No: 16 -19 -30 -5AC- 0000 -0810 16 -19 -30 -5AC- 0000 -0820 16 -19 -30 -5AC- 0000 -082A 16- 19 -30- 5AC -0000 -0826 16- 19 -30- 5AC - 0000 -082C W SITE W 1ST ST Stratford Point Apartments i , OF OWNERSHIP D DESIGNATION OF AGENI Please use additional sheets as needed. if any additional sheets are attached to this document, please sign here and note below: I. Ownership 1, Kiran Nathoo , hereby attest to ownership of the property described below: Tax Parcel Number(s): 16-19- 30 -5AC -0000 -0$20 Address of Prooertv: Monroe Road Sanford, Florida 32771 for which this PD Rezone Application application is submitted to the City of Sanford. II. Designation of Applicant's Agent (leave blank if not applicable) As the owner /applicant of the above designated property for which this affidavit is submitted, I designate the below named individual as my agent in all matters pertaining to the application process. in authorizing the agent named below to represent me, or my company, I attest that the application is made in good faith and that all information contained in the application is accurate and complete to the best of my personal knowledge. Applicant's Agent (Print): Robert F. Vonlierbulis R d S f d 1=1 'd 32771 Agent Address: 790 Monroe oa an Or , on a Signature: Email: Joe @mckeegc.com / bobbyv @mckeega.com Phone: 407 323 1150 Ill. Notice to Owner Fax; 407 323 9304 A. All changes in Ownership and /or Applicant's Agent prior to final action of the City shall require a new affidavit. if ownership changes, the new owner assumes all obligations related to the filing application process. B. if the Owner intends for the authority of the Applicant's Agent to be limited in any manner, please indicate the limitations(s) below. (Le.: limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc.) The owner of the real property associated with this application or procurement activity is a (check one) o individual o Corporation o Land Trust o Partnership a Limited Liability Company o Other (describe): 1. List all natural persons who have an ownership interest in the property, which is the subject matter of this petition, by name and address. 2. For each corporation, fist the name, address, and title of each officer; the name and address of each director of the corporation; and the name and address of each shareholder who owns two percent (2°%) or more of the stock of the corporation. Shareholders need not be disclosed if a corporation's stock are traded publicly on any national stock exchange. 3. in the case of a trust, list the name and address of each trustee and the name and address of the beneficiaries of the trust and the percentage of interest of each beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the information required in paragraph 2 above. Name of Trust: 4. For partnerships, including limited partnerships, list the name and address of each principal in the partnership, including general or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above. 5. For each limited liability company, list the name, address, and title of each manager or managing member; and the name and address of each additional member with two percent (2 %) or more membership interest. if any member with two percent (2 %) or more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information required in paragraphs 2, 3 and /or 4 above. Name of LLb: Ganesh Holdings North, LLC 6. in the circumstances of a gf, no tract for purchase, list the name and address of each contract purchaser. if the purchaser is a corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and /or 5 above. Name of Purchaser: Date of Contract: NAME TiTLEIOFFICERRUSTEE ADDRESS % OF OR BENEFICIARY INTEREST (Use additional sheets for more space.) 7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shall be disclosed In writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains. 8. i affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. I understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, special exception, or variance involved with this Application to become void or for the submission for a procurement activity to be non- responsive. I certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures herein. tC Dam , Ap leant Signature STATE OF FLORIDA COUNTY OF Seminole Sworn to (or affirmed) and subscribed before me by 'A;"� on this day of 20��� t �� r ^, A N ( 'J - .. , r44'� Kathryn Bowen Signature o NtSry=Public Print, Type or Stamp Name of Notary Public KATiiRYN BOWEN NOTARY PUBLIC Personally Known X OR Produced Identification _ STATE OF FLORIDA Type of Identification Produced Cow FFi40974 Expires 1 8 AMiftvit of Ownership - January 2016 ORDINANCE NO. 3774 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO CHANGE THE ZONING OF 16.29 ACRES OF PROPERTY LYING BETWEEN IOWA AVENUE AND NARCISSUS AVENUE AND BETWEEN OLD MONROE ROAD AND CR-15, FROM AG, AGRICULTURE, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SECTION 1: That Ordinance No. 3117 of the City of Sanford, Florida passed and adopted July 27, 1992, said Ordinance being the Comprehensive Zoning Ordinance of the City of Sanford, Florida, regulating and restricting the location and use of buildings, structures, land, and water for trade, industry, residence or other purpose, be and the same is hereby amended as follows: SEE EXHIBIT "A" ATTACHED HERETO. be and the same is hereby rezoned to PD, Planned Development zoning district and the Planned Development Master Plan is attached as Exhibit "B" is included herein by reference as if fully set forth herein. SECTION 2: The rezoning action herein is subject to the conditions provided for and agreed to in the Development Order # 03-0003. SECTION 3: Severabillity. If any section or portion of a section of this Ordinance proves to be invalid, unlawful or unconstitutional it shall not be held to impair the validity, force or effect of any other section or part of a section of this Ordinance. SECTION 4: Conflicts,. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 5: Effective Date. That this Ordinance shall become effective immediately upon the execution and recording of the Development Order referenced above, provided that said Development Order is fully executed and delivered to the City Clerk for recording within ninety (90) days of the date of adoption of this ordinance, otherwise this ordinance shall be null and void and of no force and effect. PASSED AND ADOPTED this�0 day of \AA LuLvz��, A.D., 2003. t� ATTEST: &U' Viol W As the Cify Commission of the City of Sanford, Florida CERTIFICATE 1, 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. 3774, PAS 4 P AND ADOPTED by the City Commission of the City of Sanford, Florida, on the,:. � day of 2003, was posted at the front door of the City Hall in the City of Sanford, Florida, on t 'I'day of -4-Z' 61 2003. 4the City Clerk of the City of Sanford, Florida - -2 -- Ordinance No. 3774 CERTIFICATE 11 Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify on the day of qlY)V- CA_, 2003, that the fully executed Development Order was received by me within ninety (90) days of the date of adoption-qf this ordinance and said Development Order was recorded by me on rl'o--A [X —7 2003, in 0. R. Book 0 t {'7 Page Public Records of Seminole County, Florida, (at a As e City Clerk of the eity V of Sanford, Florida 1:1Sharon120031Sanford\ordinances\3774 pd rezone.wpd - -3 -- Ordinance No. 3774 I a� X w 0 114o oom �w P �a o O ty C/) C.0 W U �W 0 od�o� Ua PT-4 o�� � �w W " 0 ^ate 0 o � w ao uxCo ) oa�¢ZwzOaou o� �zw 0 0w . "v,•�U,d,� w.o oa wa �Q0 "Wc)U w0 �p0�-'�Q Hp0 o �} OO Z U rn cv a W O E-+ rata O M WW�W OUC** � .d p� 0 O U� U O a �OU �Q w ^WOO C co F+ O W W { a v wwao A4 V. o ao wo 0� N a0 a U W o o O w a w oa�W° QOM �,w Q U - �,, c W�� o" F" x H a w OW .� O Q') ozw Qwwow¢ ~Z p"qq'Qwo Wa v a WO 0 0 d O E- O O 0 WQUw `� U v W r. C/)Ma � w �.a0 w G �rWn C.R. 15 FYI ..�>, . ini r g m � ro IV C El ! s f Y f Z � • Nt°mw co D CD CD 1j l I f .ruw• [ MAIN W1, qP IMP i 1111jil 1 jflj� ON f 8 1-1 g o. c14 ag SL = IGL Y p =P-,� daly design group ho. - OBoeWR l[°PHifs. i. �a A 1 CD -D CD 3 C7 ° Z� I- Q N O N IFin {. Y p =P-,� daly design group ho. - OBoeWR l[°PHifs. i. 11 1 Y p =P-,� daly design group ho. - OBoeWR l[°PHifs. i. 14111101 NUNN 1118RNinIN101010110 ,:. and will be developed consistent with and in compliance to applicable land development regulations 6 X M and all other applicable regulations and ordinances. CD w The owner of the property has expressly agreed to be bound by and subject to the a C3 development conditions and commitments stated below and has covenanted and agreed to have such o 0 conditions and commitments run with, follow and perpetually burden the afore described property. 1 -o ORDER M M n NOW, THEREFORE, it is ORDERED AND AGREED THAT: m r (1) The aforementioned application for development approval is GRANTED. CtP Development Order No. 03 -0003 - DeBoer Industrial Park Page 1 of 3 7 CITY OF SANFORD DEVELOPMENT ORDER No. 03 -0003 Z m On Tr bs-un c.► 'Vj ,3,oa3, City of Sanford issued this Development Order relating to m and touching and concerning g the following described property: r M LOT 81 (LESS THE E 2'. "i ACRES) FLORIDA LAND & COLONIZATION CO LTD W BEARDALL'S MAP OF ST, JOSEPH'S ACCORDING TO M "; THE PLAT THEREOF AS RECORDED IN PB 1, PG 114, PUBLIC RECORDS OF SEMINOLE COUNTY, FL AND ALSO: BEGIN 15 FT E OF ID THE INTERSECTION OF THE CENTERLINE OF PUBLIC HWY PLATTED ON THE W SIDE OF LOT 82 AND THE N LINE OF SAID LOT FL LAND & COLONIZATION CO LTD W BEARDALL'S MAP OF ST. JOSEPH'S ACCORDING TO THE PLAT THEREOF AS RECORDED IN PB I PG 114, PUBLIC RECORDS OF SEMINOLE COUNTY, FL; THENCE WN E 155 FT, S 130 FT, W 155 FT, N 130 FT TO BEGINNING. n AND ALSO: LOT 82, LESS THE S 5 ACRES (THE S/-). ALSO LESS THE N 130 FT OF THE W 310 FT, FL LAND & COLONIZATION CO LTD C W BEARDALL'S MAP OF ST. JOSEPH'S, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PB 1 PG 114, PUBLIC RECORDS OF SEMINOLE COUNTY, FL. SUBJECTTO: A BLANKETTYPE EASEMENTAS RECORDED IN O.R. BOOK 224, PAGES 210& 211 SEMINOLE COUNTY, FLORIDA. AND ALSO: THE S ''A OF LOT 82, FL LAND & COLONIZATION CO LTD W BEARDALL'S MAP OF ST. JOSEPH'S C ACCORDING TO THE PLAT THEREOF AS RECORDED IN PB 1 PG 114, PUBLIC. RECORDS OF SEMINOLE COUNTY, FLORIDA. v. (The aforesaid legal description has- -been provided to the City of Sanford by the owner of the afore described property) Z r�3 FINDINGS OF FACT �J Property Owner: Keller Outdoor, Inc., 451 Monroe Road, Sanford, Florida 32771 Project Name /Address: DeBoer Industrial Park, - 343 Monroe Road Parcel Number(s). 16 -19 -30 -5AC -0000 -0810, 16- 19- 30- 5AC - 0000 -082A LY C3. , Ni 16- 19- 30- 5AC - 0000- 082B,16- 19 -30- 5AC - 0000 -082C o Requested Development Approval: PD Rezone for the DeBoer Industrial Park cz The development approval Sought is consistent with the City of Sanford Comprehensive Plan 0 ,:. and will be developed consistent with and in compliance to applicable land development regulations 6 X M and all other applicable regulations and ordinances. CD w The owner of the property has expressly agreed to be bound by and subject to the a C3 development conditions and commitments stated below and has covenanted and agreed to have such o 0 conditions and commitments run with, follow and perpetually burden the afore described property. 1 -o ORDER M M n NOW, THEREFORE, it is ORDERED AND AGREED THAT: m r (1) The aforementioned application for development approval is GRANTED. CtP Development Order No. 03 -0003 - DeBoer Industrial Park Page 1 of 3 (2) All development shall fully comply with all of the codes and ordinances in effect in the City of Sanford, Florida at the time of issuance of permits including all impact fee ordinances. (3) The conditions upon this development approval and the commitment made as to this development approval, all ofwhich have been accepted by and agreed to by the owner of the property are as follows: (a) All development is to be generally in accordance with the PD Master Plan for DeBoer Industrial Park dated January 3, 2003; (b) All land uses activities on the property shall be consistent with the RI -1, Restricted Industrial zoning classification; and (c) All development shall be designed in accordance with the City of Sanford's Land Development Regulations including any subdivision of the property. (4) This Development Order touches and concerns the afore described property and the conditions, commitments and provisions of this Development Order shall perpetually burden, run with and follow the said property and be a servitude upon and binding upon said property unless released in whole or part by action of the City of Sanford by virtue of a document of equal dignity herewith. The owner of the said property has expressly covenanted and agreed to this provision and all other terms and provisions of this Development Order. (S) The terms and provisions of this Order are not severable and in the event any portion of this Order shall be found to be invalid or illegal then the entire order shall be null and void. v -n �� Done and Ordered on the date first above. m a As approved and authorized for execution by the City Commission o 3 at their g of E e b 2 , 2603. / 4- na By: Date: � /' 9 d3 W W Jay R. , AICP it to f Planning and Community Developm t n a) tfi M r ro Development Order No. 03 -0003 - DeBoer Industrial Park Page 2 of 3 OWNER'S CONSENT AND COVENANT COMES NOW, L-hard S. Xe/ eC the owner(s) of the afore described property in this Development Order, on behalf of itself and its heirs, successors, assigns or transferees of any nature whatsoever and consents to, agrees with and covenants to performa and fully abide by the provisions, terms, conditions and commitments set forth in this Development Order. Sign Name Here Pnnt Name Here Witness Sign Name Here Print Name Here Witness STATE OF FLORIDA COUNTY OF SEMINOLE gn Natne Here Print Name Here Owner I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared R,C6a" f. KelleX, who is ersonally known to m or who has produced as identification and who did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day o 'n of � r o m � c N tary Public, in and for the County and @ 3 State aforementioned. r� 0w F:.SHA_ENG:Development Revlew\08- pevetoptttant Onicrs,2003 }03 -6003 - DeStxr -343 Monroe.wpti jON Miefittde wean My cmmini" Dom = 0) D B a rd� Eras K%y 16, 2003 M b.. N Development Order No. 03 -0003 - DeBoer Industrial Park Page 3 of 3 N 5817 BPS Seminole Pointe Apartments X: ........... .............. .......... cur---- Seminole County oi 0 tOWA Av Keller 1 Outdoor REZONE 7- — Eleven PD Rezone (AG to PD) 343 Monroe Road Parcel ID: 16-19-30-5AC-0000-0810 16-19-30-5AC-0000-082A 16-19-30-5AC-0000-0828 16-19-30-5AC-0000-082C Representative: Thomas Daly 3900 Narcissus Ave Claudette Behrens Seminole County it --o", N V, KeKee ONSTRUCTION CO. GENERAL CONTRACT RS Since 1973 May 17, 2016 Mrs. Eileen Hinson, AICP Development Services Manager Planning and Development Services City of Sanford 300 North Park Avenue Sanford, FL 32771-1244 Re: PD, Amendment for 343 Monroe Road Parcel Numbers: 16-19-30-5AC-0000-08 10 16-19-30-5AC-0000-0820 16-19-30-5AC-0000-082A 16-19-30-5AC-0000-082B 16-19-30-5AC-0000-082C Dear Mrs. Hinson, This letter shall serve as our Final Report under a modified CAPP for the PD Amendment and PD Rezone that are required for the Parcels listed above. A letter explaining what is being done with these parcels was sent via US Mail on May 2nd to the property owners on the list provided by the City of Sanford. A copy of this letter and the list of property owners is attached for your reference. I have received no questions or comments from any of the notified parties either verbally or in writing as of today's date. If you have any questions, please do not hesitate to contact me. ,, Sincerely,,"", Jb o Ni as i ol §,enior Estimator McKee Construction Co. 790 Monroe Road o Sanford, Florida 32771 Phone (407) 323-1150 • Fax (407) 323-9304 www,mckeegc.com CBC 048.972 HSTRUCTION CO. - 5961Z Since 1973 ffu MRIM Dear Current Property Owner, McKee Construction Co. would like to inform you of a proposed Planned Development Amendment to approximately 15.7 acres and a Planned Development Rezone of approximately .5 acres located on the northeast comer of Monroe Road and Narcissus Road. McKee Construction will be submitting an application to amend the current PD to allow construction of a commerce park that is within future land use regulations. The submittal of a PD Rezone for the landlocked parcel is required to change the zoning from Agricultural to Planned Development. McKee Construction Co. would like to address concerns or comments that you may have in regards to this Amendment and Rezone. Shown below is a map of the property location. Attached is a preliminary site plan. Please contact me at o c k n ck c,c tp if you have any questions in regards to our proposal. Sincerely, Joe Nicholas Senior Estimator McKee Construction Co. 790 Monroe Road Sanford, Florida 32771 Phone (407) 323-1150 • Fax (407) 323-9304 www,mckeegc.com CBC 048972 NOLLO(IHISNOO 9S)ION A 0 3YiVN NV-18 3DS 133HS 0 3VWN I=j'OU(D=INVS'08 HI.UON HS3NVO inroad 40� - - - - - - - - - - - - Ilk Hill ell i 11 1 1-1 V H �110 I I Oi j�! 1 is BEHRENS CLAUDETTE W TRUSTEE FBO 306 W LAKEVIEW AVE LAKE MARY, FL 32746 BELLE LLC STE 100 530 S RONALD REAGAN BLVD LONGWOOD, FL 32750 DABANIAN ROBERT C & SHERRE V C 420 MONROE ROAD SANFORD, FL 32771 GALLOWAY FRANCES E PO BOX 470376 LAKE MONROE, FL 32747 GANESH HOLDINGS NORTH LLC 5700 DOT COM COURT OVIEDO, FL 32765 HIGHMOOR LLC 1489 SHADEWELL CIR LAKE MARY, FL 32746 KOHLER STEPHEN G & LEE DOUGLAS 51 GRACIE RD DEBARY, FL 32713 LAKE PHILIP K & PATRICIA B PO BOX 470026 LAKE MONROE, FL 32747 LO BROS ENTERPRISES INC 751 GENERAL HUTCHINSON PKWY LONGWOOD, FL 32750 NICHOLS ANDREW R & CRAWFORD MARION N & NICHOLS ANNA ETAL PO BOX 67 SANFORD, FL 32772 OLYMPIC ALAMEDA VENTURE LLC PO BOX 11659 BEVERLY HILLS, CA 90213 OSTRANDER MARY B 2355 BROOKSHIRE AVE WINTER PARK, FL 32792 PATEL RAMBHAI K & SAROJ LIFE EST 349 MEADOW BEAUTY TER SANFORD, FL 32771 SEMINOLE B C C COUNTY SERV BLDG 1101 E 1ST ST SANFORD, FL 32771 SEMINOLE CO STATE RD 46 LTD CIO CONCORD MGMNT LTD PO BOX 940279 MAITLAND, FL 32794 STRATFORD POINT LP CIO ALLIANCE TAX ADVISORS 433 E LAS COLINAS BLVD STE 300 IRVING, TX 75039 TAYLOR MORRISON OF FL INC 151 SOUTHALL LN STE 200 MAITLAND, FL 32751 WADDLE TIMOTHY A & RHONDA J 1303 S SANFORD AVE SANFORD, FL 32771 Ordinance Number 2016-4379 An ordinance of the City of Sanford, Florida relating to the amend the DeBoer Planned Development (PD) approved by Ordinance Number 3774 and create and establish the Ganesh North PD; providing for the rezoning of real property located at 343 Monroe Road and assigned the following Tax Parcel Identification Numbers by the Seminole County Property Appraiser: 16-19-30 -5AC-0000-0810, 16-19-30-5AC-0000-0820,16-19-3O-5AC-0000-082A, 1 6-19-3O-5AC-0000- 082B and 16-19-30 -5AC-0000-082C all properties located within the City Limits (map of the property attached) from the existing PD and AG, Agriculture, to a PD to be known as the Ganesh North PD subject to specific requirements and conditions; providing for a means of conflict resolution by the Planning and Zoning Commission; providing for the taking of implementing administrative actions; providing for the adoption of a map and PD master plan by reference; providing for conflicts, but providing for a PD amendment and harmonization with prior actions by the City; providing for severability; providing for non - codification and providing for an effective date. Whereas, Ganesh Holdings North LLC (c/o Mr. Kiran Nathoo) is the owner of certain real property within the City Limits of the City of Sanford (assigned the following Tax Parcel Identification Numbers by the Seminole County Property Appraiser: 16-19-30-5AC-0000-0810,16-19-30-5AC-0000-0820,16-19-30-5AC-0000-082A, 16-19-3 0-5AC-0000-082B and 16-19-30 -5AC-0000-082C) and it 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 from the existing PD and AG, Agriculture, zoning classifications; and Whereas, the subject property to be added to the PD is 0.462 acre in size, which results in DeBoer PD (located at 343 Monroe Road as approved by Ordinance Number 3774), when merged with the subject property, the PD totaling 15.8 acres in size; Whereas, the existing DeBoer PD, together with the additional acreage, shall I I P a g e be known as the Ganesh North PD; and Whereas, the City Commission enacted Ordinance Number 3774 on February 24, 2003 establishing the DeBoer Industrial Park PD and its associated Master Plan which generally established land uses consistent with the RI -1, Restricted Industrial, zoning district pursuant to Schedule B of the City's Land Development Regulations (LDR); and Whereas, the applicant for this action is Mr. Robert VonHerbulis of McKee Construction Company which is located at 790 Monroe Road in the City of Sanford; and Whereas, the proposed use of the subject property for a mixed use commercial /industrial development would be consistent with the intent and purpose of the land use designations assigned to the subject property under the provisions of the City's Comprehensive Plan and Future Land Use Map; and Whereas, the proposed use of the subject property is for a PD allowing all permitted uses allowed in RI -1 and the GC -2 zoning districts with development of the site infrastructure in one phase followed by the construction of a total of four flex space buildings and one office /warehouse building totaling approximately 257,500 square feet at buildout; and Whereas, the City's Planning and Development Services Department has conducted a thorough review and analysis of the demands upon public facilities and recommended that the subject rezoning application be approved having determined that the proposal is technically sufficient and consistent with the goals, policies and objectives of the Comprehensive Plan of the City of Sanford, the City's LDR, and the controlling provisions of State law; and 21Paiy -e Whereas, on June 2, 2016 the Planning and Zoning Commission recommended that the City Commission approve the rezoning request and recommended that such approval be subject to numerous conditions; and Whereas, the City staff, recommended approval of this Ordinance subject to normative development detailed development requirements and conditions some of which, if not later resolved, shall be subject to resolution by the Planning and Zoning Commission and normative administrative and appeal processes and procedures relating thereto; and Whereas, the City Commission has determined that the proposed rezoning of the subject property as set forth in this Ordinance is consistent with the Comprehensive Plan of the City of Sanford, the City's LDR, and the controlling provisions of State law; and Whereas, the applicant and the City Commission of the City of Sanford, Florida has taken all actions relating to the PD rezoning action set forth herein in accordance with the requirements and procedures mandated by State law and controlling City codes and ordinances. 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 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 approval set forth in this Ordinance is subject to the specific conditions that are set forth subsequently in this Ordinance and the Property Owner has agreed that no requirement herein lacks an essential nexus to a legitimate public purpose and is not 31Pai�e roughly proportionate to the impacts of the proposed use that the City seeks to avoid, minimize, or mitigate. (c). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. (d). 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; Ganesh North PD. (a). Upon enactment of this Ordinance the property, as depicted in the map attached to this Ordinance shall be rezoned from the existing PD and the AG, Agriculture, zoning classification to the Ganesh North PD zoning classification consistent with the provisions of this Ordinance. (b). The City Manager, or designee, is hereby authorized to execute any documents necessary to formalize approval of the rezoning action taken herein with regard to the Ganesh North PD 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 and as set forth herein. (c). The conditions to be incorporated into the pertinent development order relating to the action taken in this Ordinance include the following: (1). Pursuant to Section 4.3.G of the City Code of the City of Sanford (containing the LDR), this rezoning shall expire 3 years from the effective date of this Ordinance if all improvements have not been completed or an extension granted. (2). All development shall be consistent with the Ganesh PD Master Plan, dated as received by the City on May 31, 2016, unless otherwise specifically set forth any associated development order; provided, however, that all subsequent development 4 1Paee orders shall be consistent with the provisions of this Ordinance. (3). All land use activities conducted on site shall be in accordance with Schedule B — Permitted Uses, LDR for GC -2, General Commercial and RI -1, Restricted Commercial zoning with the exception that no vehicular land uses shall be permitted on site. The less restrictive requirement for establishment of any specific land use category shall prevail on any given use. If a conditional use approval is required in both zoning districts, then a conditional use approval is required to establish the use. (4). All activities shall be conducted indoors, including any storage or assembly unless approved in accordance with Schedule B — Permitted Uses, LDR. (5). All signs on site shall be subject to an approved comprehensive sign plan as established in Schedule K, Sign Regulations, LDR. (6). Appropriate buffers by means of decorative walls or evergreen shrubs shall be provided to minimize impacts on any adjacent residential uses all as determined by the City. (7). Unless otherwise specified on the Ganesh North PD Master Plan, all development shall comply with setback and buffer requirements set forth in Schedule J, Landscape, Buffer and Tree Requirements, LDR. (8). All requirements relating to wetland and tree mitigation as established in the City's LDR shall be met prior to development of the site. (9). If determined to be required and prior to any issuance of a site development permit relating to the subject property, acceptable fencing around the property shall be submitted for City staff approval. (10). A minimum 10 foot right of way dedication or easement shall be provided along Narcissus Avenue as required by Seminole County or the City of Sanford at such 51PaL,e time road improvements become necessary. (11). The following design elements will be considered during the development plan review: (A). Site improvements may include the incorporation of low impact development (oftentimes referred to as "LID ") techniques and crime prevention through environmental design (oftentimes referred to as "CPTED ") guidelines. (B). Elements of buildings may be constructed incorporating Leadership in Energy and Environmental Design (oftentimes referred to as "LEED "), Florida Green, or such other equivalent energy savings standards as may be approved by the City. (C). Unless specifically requested and approved on the referenced Ganesh North PD Master Plan, any required elements missing from or not shown on the Ganesh North PD Master Plan shall comply with the City's LDR. (D). A decorative and functional fountain shall be installed and maintained in all wet retention ponds all as approved by the City. (12). Any dispute relative to the following matters shall be resolved by the Planning and Zoning Commission, after a public hearing, by means of a development order or denial development order relating thereto. Section 3. Incorporation of map and PD Master Plan for Ganesh North PD. The map attached to this Ordinance is hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance establishing the Ganesh North PD. The City's actions in enacting Ordinance Number 3774 and the implementation thereof by the City are likewise ratified and affirmed. 61Paiy-e Section 4. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. City staff shall harmonize the approval and actions set forth herein together which those taken relative to the DeBoer PD approved by Ordinance Number 3774. 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; Implementation. (a). 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 (LDR); 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. (b). The City Manager, or designee, shall implement the provisions of this Ordinance by means of a development agreement which shall be executed by the Property Owner within 60 days of the effective date of this Ordinance or the subject property's zoning classification shall revert to the zoning classification that was in place for the subject property prior to the approval of the Ganesh North PD. 7 1Page Section 7. Effective Date. This Ordinance shall take effect immediately upon enactment. Passed and adopted this 27th day of June, 2016. Attest. Cynthia Porter, City Clerk Approved as to form and legal sufficiency. William L. Colbert, City Attorney City Commission of the City of Sanford, Florida Jeff Triplett, Mayor 81Page V) 0 U O U E- u 0 O & $, H! gw I ME JSR . URE P r -2 5a; MA IN i al! i Aft u a a A i 'Ev g-u --1 ;:9 �-1 Rl! 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