3975ORDINANCE NO. 3975
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA RELATING
TO THE FOUNTAINS PLANNED DEVELOPMENT ("PD"); PROVIDING
FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR THE
REZONING OF REAL PROPERTY APPROXIMATELY 9.063 ACRES IN
SIZE AND LOCATED AT 4405 ST. JOHNS PARK~NAY 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, Eoghan N. Kelley, the owner of certain real property, totaling
approximately 9.063 acres in size and located at 4405 St. Johns Parkway, applied,
through his authorized agent, Robby Joshi, AIA, 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, have taking several actions 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 December 1, 2005, relative to approximately 5.961 acres, and on
January 19, 2006 (adding approximately 3.15 acres to total approximately 9.063 acres)
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 Fountains project, as dated as received by the City of Sanford on
December 21, 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. R~Tt3NING
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. 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 Sank)rd 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 DOUGHER'~'Y~ClTY CL~RK
CITY COMMISSION OF THE CITY OF
SANFORD, FLORIDA
LINDA KUHN, MAYOI~,
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
3
that a true and correct copy of the foregoing Ordinance No. 3975, 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 12t~ day of April, 2006.
As the City Clerk of the City
of Sanford, Florida
EXHIBIT"A"
A PORTION OF LOTS 43, 44 AND "ELDER RD" (VACATED) OF THE PLAT "SMITH'S
THIRD SUBD" AS RECORDED 1N PB 1 PG 86 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FL, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE S 1/4 COR OF SEC 28 TWP 19S RGE 30E, SEMINOLE COUNTY,
FL; THENCE N 00019'00" W ALONG THE E LINE OF THE SW tA OF SAID SEC 30, A
DIST OF 965.97 FT TO A PT OF INT WITH THE ELY EXT OF THE SLY R-O-W LiNE OF
ST JOHNS PKWY AS DESCRiBED IN OFFICIAL RECORDS BK 2868, PG 0133 OF THE
PUBLIC RECORDS OF SEMINOLE COUNTY, FL; THENCE S 89°41 '00" W ALONG SAID
EXT LINE, A DiST OF 30 FT TO A PT ON THE W R-O-W LI OF UPSALA RD AND THE
POB OF THIS DESCRIPTION; THENCE CONTINUE S 89°41 '00' W ALONG THE S R-O-W
LINE OF SAID ST JOHNS PKWY, A DISTANCE OF 1222.16 FT TO A POINT OF
CURVATURE; THENCE CONTINUE ALONG SAID S R-O-W LINE ALONG THE ARC OF
A CURVE CONCAVE TO THE NE HAVING A RADIUS OF 705 FT, A CENTRAL ANGLE
OF 05027'27'' AN ARC D1ST OF 67.15 FT TO A PT OF INT WITH THE CENTERLINE OF
SAID ELDER RD (VACATED IN OFFICIAL RECORDS BK 2868 PG 0120 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FL) AND THE E LINE OF LOT 1 OF THE PLAT
"WAL-MART SUPERCENTER ON RINEHART RD" AS RECORDED IN PB 65 PAGES 31-
32 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FL; THENCE S 00°19'36" E
ALONG SAID CENTERL1NE AND SAID E LINE OF LOT 1, A DIST OF 308.72 FT TO A PT
OF INT WITH THE S LINE OF SAID PLAT SMITH'S THIRD SUBD; THENCE N 89044'25''
E ALONG SAID S LINE, A DISTANCE OF 1289.16 FT TO A PT ON THE W R-O-W LINE
OF SAID UPSALA RD; THENCE N 00°19'00" W ALONG SAID W R-O-W LINE, A DIST
OF 306.80 FT TO THE POB. SAID LANDS SITUATE IN SEMINOLE COUNTY, FL AND
CONTAINS 9.063 ACRES, MORE OR LESS.
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Westlake
Apartments
PD
AG
ST JOHNS PKWY
Wal-Mart
Best Buy
SITE
PD
PD
San ford
Central
Park
RI-1
Regency Oaks
Townhomes
cENTRAL FLORIDA GREENEWAY
Site
4405 Si Johns Parkway
Parcel No: 28- ! 9-30-$06-0000-0430
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