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4496 Rezone 3032 E. Lk Mary Blvd. Fastenal Co.Ordinance No. 2019-4496 An ordinance of the City of Sanford, Florida providing for the rezoning of real property totaling 37.08 acres in size (Tax identification Parcel Numbers 03 -20 -31 -BAY -0000-0370, 03-20-31-5AY-0000-037B, 03-20-31 -SAY-0000-0360, 03-20-31 -SAY-0000-036A) 03-20-31-5AY-0000-061 B and 03-20-31-5AY-0000-0590 (generally addressed as 3032 East Lake Mary Boulevard) within the City Limits (map of the property attached) from the County Agriculture ("AG") zoning district/classification and the County General Commercial ("GC -2") zoning district/classification to the Restricted Industrial, ("RI -1" ) zoning district/classification; 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, Fastenal Company, whose address is 2001 Theurer Boulevard; Winona, Minnesota 55987-1500, and Airsan Investments, LLC, whose address is Post Office Box 941618; Maitland, Florida 32794-1618, (Tax Parcel Identification Numbers 03-20-31-5AY-0000-0370, 03-20-31-5AY-0000-037B, 03-20-31-5AY-0000-0360, 03-20-31-5AY-0000-036A , 03-20-31-5AY-0000-061 B and 03-20-31-5AY-0000-0590), are the owners of the property which is the subject of this Ordinance; and Whereas, the owners' agent as applicant for the rezoning action set forth herein is John Herbert of American Civil Engineering Company; and Whereas, the real property (a site 37.08 acres in size) is located on the northeast corner of East Lake Mary Boulevard and runs north to Marquette Avenue with the Orlando Sanford Airport being located on the north side of the property; and Whereas, the owners 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 subject property rezoned to the Restricted Industrial, ("RI -1" ) zoning classification/district I I P a g e from the existing Agriculture ("AG") zoning district/classification and the General Commercial ("GC -2") zoning district/classification; and Whereas, based on the nature of the rezoning to a Euclidean zoning classification/district, the CAPP (Citizens Awareness and Participation Plan) meeting has been deferred to the next phase of development as, at this time, no development project or plan has been presented for consideration; 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 rezoning 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 supports the Redevelop and Revitalize Disadvantaged Communities strategic priority of the City; and Whereas, on March 11, 2019 the City Commission enacted Ordinance Number 4495 annexing the property and, upon annexation, the property was assigned a County "AG", Agriculture, and the County "GC -2", General Commercial, zoning classifications with an underlying County land use designation of "HIP -AP", High Intensity Planned Development - Airport; and Whereas, the property owners are proposing to develop the site with non-residential uses and construction; and Whereas, on February 7, 2019 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 Whereas, professional City planning staff, the City's 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, as implemented by City staff, all actions relating to the rezoning action set forth herein in accordance with the requirements and procedures mandated by State law and all prior land use actions of the City are hereby ratified and affirmed. Now, therefore, be in 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 City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. Section 2. Rezoning of Real Property/Implementing Actions. (a). Upon enactment of this Ordinance the following described property, as depicted in the map attached to this Ordinance, and totaling is 37.08 acres in size, shall be rezoned from the County Agriculture ("AG") zoning district/classification and the County General Commercial ("GC -2") zoning district/classification to the Restricted 31Page Industrial, ("RI -1") zoning district/classification: Tax Identification Parcel Numbers Owners 03-20-31-5AY-0000-0370, 03-20-31-5AY-0000-037B, 03-20-31-5AY-0000-0360, and 03-20-31-5AY-0000-036A 03-20-31-5AY-0000-061 B and 03-20-31-5AY-0000-0590 Fastenal Company Airsan Investments, LLC (b). The City Manager, or designee, is hereby authorized to execute any and all 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). Conditions of development relating to the subject property may be incorporated into the subsequent pertinent development orders and development permits and such development orders and development permits may be subject to public hearing requirements in accordance with the provisions of controlling law. 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 41Pa`-e 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. Section 7. Effective Date This Ordinance shall take effect immediately upon enactment. Passed and adopted this 11th day of March, 2019. Attest: I i ­ I &V i ", �Wy-) , 0 H C, Traci Houchin, CMC, FCRM City Clerk Approved as to form and legal sufficiency William L. Colbert, City Attorney City Commission of he City of Sanford, Florida , �T. 187! 51Pacye