3970ORDINANCE NO. 3970
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA RELATING
TO THE HUDSON FURNITURE PLANNED DEVELOPMENT ("PD");
PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING
FOR THE REZONING OF REAL PROPERTY APPROXIMATELY 4.308
ACRES IN StZE AND LOCATED AT 3310 WEST FIRST STREET TO
THE PD ZONING CLASSIFICATION; PROVIDING FOR THE TAKING
OF IMPLEMENTING ADMINISTRATIVE ACTIONS; REPEALING ALL
CONFLICTING ORDINANCES; PROVIDING FOR SEVERABIMTY;
PROVIDING FOR NON-CODiFICATION AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Hud:One, LLC, the owner of certain real property, totaling
approximately 4.308 acres in size and located at 3310 West First Street, applied,
through its authorized agent, 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; and
WHEREAS, the applicant has also submitted a proposed PD Master Plan for the
property; and
WHEREAS, the City staff and the City's Planning and Zoning Commission have
reviewed and subsequently recommended approval of the proposed rezoning to the
PD zoning classification and the proposed PD Master Plan for the property subject to
certain conditions; and
WHEREAS, on December 15, 2005 the Planning and Zoning Commission of the
City of Sanford, as part of its recommendation, recommended that the City Commission
approve an Ordinance rezoning the subject property; and
WHEREAS, the City Commission is taking the action set forth herein in
accordance with the provisions of Section 171.062(2), Florida Statutes, relating to the
effects of annexations which states that "[Jif the area annexed was subject to a county
land use plan and county zoning or subdivision regulations, these regulations remain in
full force and effect until the municipality adopts a comprehensive plan amendment that
includes the annexed area"; and
WHEREAS, the City Commission has determined that the proposed action of
rezoning the subject property to the City PD zoning classification (which is analogous
to the County's Planned Commercial Development zoning classification and consistent
with the High Intensity Planned Development land use designation as set forth in the
Seminole County Comprehensive Plan) 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
memorandum relating to the application relating to the proposed rezoning of the subject
property.
(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.
(d) Development pursuant to the rezoning to PD shall comply with the PD
Master Plan for the Hudson Furniture project, as dated as received by the City of
Sanford on November 10, 2005.
(e)
Sanford.
The PD will not adversely affect the orderly development of the City of
(f) The PD will not adversely affect the health and safety of the residents or
workers in the area proximate to the property described in this Ordinance and will not
be detrimental to the use of adjacent properties or the general area within which the PD
is located.
SECTION 2. REZONING
ADMINISTRATIVE ACTIONS.
OF REAL PROPERTY/IMPLEMENTING
(a) Upon enactment of this Ordinance, and the implementing actions relating
to the PD as set forth herein, the following property shall be rezoned to PD and the
application to rezone the subject property as aforesaid is hereby adopted and approved
by the City Commission of the City of Sanford and the actions taken and authorized
herein shall constitute land development regulations for the specific PD zoning district:
LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A",
(b) The City Manager, or designee, is hereby authorized to execute the
documents necessary to formalize approval of the rezoning action taken herein and the
PD Master Plan for the project with all appropriate signatures and joinders being
acquired from the property owners and those holding interests in the subject property.
(c) The PD agreement (development order) relating to the PD project shall be
drafted by and implemented by the City Attorney and City staff subsequent to City
Commission action.
(d) The PD agreement (development order) relating to the PD project shall,
subsequent to appropriate execution, be recorded in the Official Records of Seminole
County, Florida (Land Records) by the City Clerk.
SECTION 3. CONFLICT~. All ordinances or part of ordinances in conflict with
this Ordinance are hereby repealed
SECTION 4. 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 ,5. 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 6. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon passage and adoption; provided, however, that that subject property shall not be
deemed to be assigned the PD zoning classification until all implementing actions are
taken as set forth herein.
PASSED and ADOPTED this 13th day of February, 2006.
AT-rEST:
JANET DOUGHERTY, OI'TY CLEIRK
CITY COMMISSION OF THE CITY OF
SANFORD, FLORIDA
LIND/~ KUHN, MAYOI~,
CERTIFICATE
I, 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. 3970, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the 13th day of
February, 2006, was posted at the front door of the City Hall in the City of Sanford,
Florida, on the 15th day of February, 2006.
JANET R. DOUGHERTY J/
As the City Clerk of the City
of Sanford, Florida
EXHIBIT "A"
LEGAL DESCRIPTION: LOT 39, PLAT OF THE FLORIDA LAND AND COLONIZATION
COMPANY'S CELERY PLANTATION, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PB I PG 129, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
1
PD
SR-1A
Site _ ~ _
3290 W First Streel
Parcel No: 22-19-30-5AD-0000-0390
- ~
SITE
PD
C-2 (COUNTY)
s. o~-~'42- ;%e~.£~'--
PO ~INDtJSTRIAL)
5240 N ORANGE AVEN~E
PD MASTER PLAN j
FOR
HUDSON FURNITURE AT SANFORD