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3800ORDINANCE NO. 3800 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, DESIGNATING CERTAIN SPECIFIED PROPERTY GENERALLY LOCATED EAST OF TOWNE CENTER BOULEVARD, WEST OF RINEHART ROAD, NORTH OF THE CENTRAL FLORIDA GREENEWAY AND SOUTH OF ST. JOHNS PARKWAY A REGIONAL ACTIVITY CENTER IN ACCORDANCE WITH SECTION ~380.06(2)(e), FLORIDA STATUTES, AND RULE 28-24.014(10)(c)(2), FLORIDA ADMINISTRATIVE CODE, PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 380.06(2)(e), FS., provides, among other things, that applicable Development of Regional Impact guidelines and standards may be increased by fi~y percent (50%) for residential, hotel, motel, office, and retail uses in properly designated Regional Activity Centers in a jurisdiction whose comprehensive plan is in compliance with part II of chapter 163, Florida Statutes; and WHEREAS, the City of Sanford's comprehensive plan is in compliance with part 1I of Chapter 163, Florida Statutes; and WHEREAS, the provisions of Section 380.06(2)(e) are implemented by Rule 28- 24.014(10), F.A.C.; and 1 Ord'mance No. 3800 WHEREAS, Rule 28-24.014(10)(c)(2) Florida Administrative Code, defines the term "Regional Activity Center" as a compact, high intensity, high density multi-use area designated as appropriate for intensive growth by the local government of jurisdiction and may include: retail; office; cultural, recreational, and entertainment facilities; hotels and motels; or appropriate industrial activities; and WHEREAS, the Rule 28-24.014(10)(c)(2) further provides that a designated area shall be consistent with the local government comprehensive plan and future land use map intensities; shall routinely provide service, to, or be regularly used by, a significant number of citizens of more than one county; contain adequate existing public facilities as defined in Rule 9J-5, F.A.C., or committed public facilities as identified in the capital improvements element of the local government comprehensive plan; and shall be proximate and accessible to interstate or major arterial roadways; and WHEREAS, the Rule 28-24.014(10)(c)(2) further provides an expedited process whereby the local government can submit a proposed ordinance designating a Regional Activity Center to the Department of Community Affairs for review prior to adoption and, if approved, may thereafter adopt the ordinance and amend its comprehensive plan to designate the Regional Activity Center during the next regular cycle of comprehensive plan amendments; and WHEREAS, the City of Sanford has found that the area totaling 59.74 acres described in Exhibit "A' attached to this ordinance and made a part hereof by this reference as though fully set forth herein, meets all of the criteria for designation as a Regional Activity Center; and NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA, AS FOLLOWS: 2 Ordinance No. 3800 SECTION ONE. LEGISLATIVE FINDINGS: The above recitals (whereas clauses) set forth in this Ordinance are hereby adopted as legislative findings by the City Commission of the City of Sanford SECTION TWO. DESIGNATION OF REGIONAL ACTIVITY CENTER: The area described in Exhibit "A" attached hereto is hereby designated as a Regional Activity Center in accordance with Section 380.06(2)(e), F.S, and Rule 28-24.014(10), F.A.C., and Development of Regional Impact guidelines and standards are increased accordingly for any development in such area where the developer receives authorization to commence development on or after the effective date of this Ordinance. SECTION THREE. MAX[MUM INTENSITY OF DEVELOPMENT: The maximum development intensity within the development known as The Marketplace at Seminole Towne Center (59.74 acres) shall be limited to 600,000 square feet of retail space. SECTION FOUR. COMPREHENSIVE PLAN AMENDMENTS: The City Manager, or his or her designee shall take such steps as are necessary to amend the City of Sanford's Comprehensive Plan at the next available opportunity to properly designate the area described in Exhibit "A" as a Regional Activity Center. SECTION FIVE. SEVERABILITY: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance proves to be invalid, unlawful or unconstitutional it shall not be held to impair the validity, force or affect the validity of any other section or part of a section of this Ordinance. SECTION SIX. CONFLICTS: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 3 Orffmance No. 3800 SECTION SEVEN. EFFECTIVE DATE: This Ordinance shall take effect immediately upon its adoption. PASSED AND ADOPTED thi~?~--~-~/day of~,~5,~ 2003. ATTEST: ~ANET DOUGHERT3t~,/CITY Q~LERK ? As the I~y Commission of'(fi~ City of Sanford, Florida 4 Ordinance No, 3800 CERTIFICATE I, Janet Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance NO.3~__~po~ASSED,4uND AI~,,OPTED by the City Commission of the City of Sanford, Florida on th~,~'_l~ay of (~( .~gx~., 2003,.Fas poste[t at the front door of City Hall in the City of Sanford, Florida, on th~(:;7,~ day 2003. ~/s the City Clerk oftl~ City Of Sanford, Florida 5 Ordinance No. 3g00 LEGAL DESCRIPTION LOT 2, PiNE LAKE GROVES, ACCORDING TO THE PLAN THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 27, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. THAT PART OF THE WEST 792 FEET OF THE NORTHEAST ¼ EAST OF OREGON AVENUE, NORTH OF SEABOARD COAST LINE RAILROAD AND SOUTH OF WILSON AVENUE, LESS ANY PORTION LYING WITHIN THE RIGHT OF WAY OF TOWNE CENTER BOULEVARD. FURTHER LESS: THAT PART OF THE ABOVE DESCRIBED LANDS CONVEYED TO SEMINOLE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 2219, PAGE 1032. THAT PART OF THE ABOVE DESCRIBED LANDS TAKEN BY THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY FINAL JUDGMENT RECORDED IN OFFICIAL RECORDS BOOK 4432, PAGE 242. THAT PART OF THE ABOVE DESCRIBED LANDS CONVEYED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 4447, PAGE 1085 CONTAINS 59.74 ACRES MORE OR LESS 6 Ordinance No. 3800