3980ORDINANCE NO. 3980
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA RELATING
TO ELDER PLAZA PLANNED DEVELOPMENT ("PD"); PROVIDING
FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR THE
RF?ONING OF REAL PROPERTY APPROXIMATELY 9.55 ACRES IN
SIZE AND LOCATED AT 165 ELDER ROAD TO THE PD ZONING
CLASSIFICATION; 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, N/T FLA Sanford LLC, the owner of certain real property, totaling
approximately 9.55 acres in size and located at 165 Elder Road, 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; and
WHEREAS, the applicant has also submitted a proposed PD Master Plan for the
property prepared by BJM Associates, Inc., the engineer of record; and
WHEREAS, the City staff and the City's Planning and Zoning Commission have
reviewed and have 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 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; and
WHEREAS, the City Commission has determined that the proposed action of
rezoning the subject property to the City 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 PD
Master Plan for the Elder Plaza project, as dated as received by the City of Sanford on
January 27, 2006.
(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
contain the following conditions: (1) there shall be no outside storage or display of
vending machines, pay phones, news racks, or similar structures; and (2) delivery
hours shall be limited to between the hours of 7:00 a.m. to 8:00 p.m.
(e) 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. 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. 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 10th day of April, 2006.
ATTEST:
~'ANET DOUGHERTY,/~ITY CLI~K
CITY COMMISSION OF THE CITY OF
SANFORD, FLORIDA
LIN[~ 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. 3980, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the 10th day of
April, 2006, was posted at the front door of the City Hall in the City of Sanford, Florida,
on the 12th day of April, 2006.
JANET R. DOUGHERT~
As the City Clerk of the City
of Sanford, Florida
EXHIBIT "a~
THE S 321.2 FT OF THE W 315.49 FT OF LOT 5 (LESS THE W 10 FT FOR RD) M.M. SMITH'S THIRD
SUBD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PB 1 PG 86 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FL (CONTAINING 2.22 ACRES +/-) AND LOT 5, LESS THE S
321.2 FT THEREOF, M.M. SMITH'S THIRD SUBD, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PB 1 PG 86 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FL (CONTAINING
2.32 ACRES +/-) AND LOT 6, M.M. SMITH'S THIRD SUBD, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PB 1 PG 86 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FL, LESS THE
S 132 FT (CONTAINING 4.01 ACRES +/-) AND THE S 132 FT OF LOT 6, M.M. SMITH'S THIRD SUSD,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PB 1 PG 86 OF THE PUBLIC RECORDS
OF SEMINOLE COUNTY, FL (CONTAINING 1.00 ACRE +/-).
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