3976ORDINANCE NO. 3976
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA RELATING
TO AN AMENDMENT TO THE GATEWAY PLAZA PLANNED
DEVELOPMENT ("PD"); PROVIDING FOR LEGISLATIVE FINDINGS
AND INTENT; PROVIDING FOR THE REZONING OF REAL PROPERTY
APPROXIMATELY 24.27 ACRES IN SIZE AND LOCATED AT 101 - 241
TOWNE CENTER BOULEVARD TO ADD TWO (2) RETAIL BUIILDINGS
TO THE CURRENT PD; PROVIDING FOR THE TAKING OF
IMPLEMENTING ADMINISTRATIVE ACTIONS; REPEALING ALL
CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR NON-CODIFICATION AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Kimley-Horn & Associates, Inc. applied, on behalf of Woolbright
Gateway LTD, the owner of certain real property, totaling approximately 24.27 acres in
size and located at 101 - 241 Towne Center Boulevard, 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 a revised Planned Development
("PD') zoning classification; and
WHEREAS, the applicant has also submitted a proposed amended PD Master
Plan for the subject property; and
WHEREAS, the City staff and the City's Planning and Zoning Commission have
reviewed and subsequently recommended approval of the proposed amendment to the
PD zoning classification and the proposed amended PD Master Plan for the property
subject to certain conditions; and
WHEREAS, on February 2, 2006 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 to the amended PD zoning
classification; and
WHEREAS, the City Commission has determined that the proposed action of
rezoning the subject property to the amended PD zoning classification 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
amended PD Master Plan for the Gateway Plaza project, as dated as received by the
City of Sanford on January 25, 2006.
(e) The PD, as amended, will not adversely affect the orderly development of
the City of Sanford.
(f) The PD, as amended, 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/IM PL~_..MENTIN(':
(a) Upon enactment of this Ordinance, and the implementing actions relating
to the PD, as amended, as set forth herein, the following property shall be rezoned to
the revised 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 amended 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
amended 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 amended PD agreement (development order) relating to the
amended PD project shall be drafted by and implemented by the City Attorney and City
staff subsequent to City Commission action.
(d) The amended PD agreement (development order) relating to the revised
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. CONFLICTS. 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. ~ODIFICATION. 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 amended PD zoning classification until all implementing
actions are taken as set forth herein.
PASSED and ADOPTED this 13th day of March, 2006.
ATTEST.'
CYNTHIA PORTER, ACTING CITY CLERK
CITY COMMISSION OF THE CITY OF
SANFORD, FLORIDA
L't, NDA KUHN, MAYOR
CERTIFICATE
I, Cynthia Porter, Acting City Clerk of the City of Sanford, Florida, do hereby
certify that a true and correct copy of the foregoing Ordinance No. ~ ? C , PASSED
AND ADOPTED by the City Commission of the City of Sanford, Florida, on the ~
day of t~.~_ ,2006, was posted at the front door of the City Hall in the City of
Sanford, Florida, on the ~ day of r~ ~. ,2006.
CYNTHIA PORTER,
As the Acting City Clerk of the City
of Sanford, Florida
EXHIBIT "A"
PARCEL ONE: LOTS 2, 3 AND 6, TRACTS A, B, C AND D, GATEWAY SHOPPING
CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PB 49, PG 24,
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; PARCEL TWO: NON-
EXCLUSiVE VEHICULAR AND PEDESTRIAN EASEMENT FOR INGRESS AND EGRESS
OVER AND ACROSS ALL SIDEWALKS, PARKING AREAS, DRIVEWAYS AND
SERVICE AREAS FROM TIME-TO-TiME ESTABLISHED AND A NON-EXCLUSIVE
UTILITY EASEMENT THROUGH AND ACROSS THE OUTPARCELS AS SET OUT IN
THAT CERTAIN DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS
FOR GATEWAY PLAZA RECORDED IN OFFICIAL RECORDS BOOK 3114, PAGE 393,
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; PARCEL THREE: NON-
EXCLUSIVE ACCESS EASEMENT AS SET OUT IN THAT CERTAIN RECIPROCAL
ACCESS EASEMENT AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 3116,
PAGE 520, AS AMENDED IN OFFICIAL RECORDS BOOK 3135, PAGE 1089, PUBLIC
RECORDS OF SEMINOLE COUNTY, FLORIDA.
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