4000Ordinance No. 4000
An ordinance of the City of Sanford, Florida relating to an
amendment to the Seminole Towne Center Planned Development
("PD"); providing for legislative findings and intent; providing for the
rezoning of real property approximately 5.796 acres in size and
located at 750 Towne Center Boulevard to add vehicular sales and
services 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, Sanford Investors, Inc., the owner of certain real property, totaling
approximately 5.796 acres in size and located at 750 Towne Center Boulevard (Tax
Parcel Identification Number 32-19-30~5MR-2200-0000), 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 as revised to accommodate the Fields BMW development
proposal; and
Whereas, the subject property is part of the original Seminole Towne Center
Planned Development, as approved in 1990 by Ordinance Number 3006, which PD has
been amended several times since original adoption in order to modify the land
boundaries and change, modify, delete or add allowable uses as listed on the PD
Master Plan; and
Whereas, the area for the proposed for this PD amendment relates to the
Fields BMW site which was originally approved for office uses thus requiring an
amendment to the PD Master Plan to add vehicular sales and service as an approved
use; and
Whereas, the applicant also submitted a proposed PD Master Plan for the
property pertaining to the Fields BMW proposed development; and
Whereas, the City staff has reviewed and has subsequently recommended
approval of the proposed rezoning to the revised PD zoning classification and the
proposed PD Master Plan for the property subject to certain conditions; and
Whereas, on June 1, 2006, the Planning and Zoning Commission recommended
the application be denied based on a finding that automotive related uses are not
compatible or consistent with the retail commercial development in the area including
the MarketPlace at Seminole Towne Center and that restaurant or retail uses would be
more appropriate for the subject property and automotive uses have been established
along the Rinehart Road corridor; and
Whereas, the City Commission has determined that the proposed action of
rezoning the subject property to the revised City PD zoning classification (the PD
Master Plan for Fields BMW) 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 recitals (whereas clauses) to 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 Fields BMW project, as dated as received by the City of Sanford
which is dated on April 21, 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 of Real Property/Implementing Administrative
Actions.
(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 which development order shall provide for the following conditions:
1. The development must be generally consistent with the PD Master Plan dated
April 21, 2006 as determined by the City;
2. The area shown as Phase II cannot be used or occupied in any way until a site
plan has been approved by the City;
3. All activities shall be conducted indoors including, but not limited to, any repairs,
washing, detailing, etc.;
4. It is prohibited to store vehicles requiring collision or body work outdoors;
5. All vehicles on site for service or repair shall be stored indoors after business
hours or in areas so designated on the approved site plan;
6. All display vehicles shall be located at grade and restricted to areas intended for
"Auto Display" as designated on the site plan approved by the City and it is
prohibited to locate vehicles in rights-of-way or in landscape buffers;
7. Landscaping shall be installed by the developer along all parking and traffic
circulation areas including, but not limited to, along the phase line between
Phases I and 2 and additional landscaping shall be installed along Towne
Center Boulevard in accordance with Gateway Corridor standards as
determined by the City (double row to include under-story trees) and foundation
landscaping is required around all buildings as determined by the City;
8. The signage shown on the PD Master Plan is not approved as part of the PD
Master Plan and ail signage will be reviewed by the City and be subject to City
approval as pursuant to the review of a comprehensive sign plan submitted by
the application as required by the City Code and signage along Towne Center
Boulevard shall be limited to a maximum of one (1) free-standing sign (50
square feet) for the entire site with streamers, banners or temporary signs
being prohibited unless a specific written permit is issued by the City.
(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.
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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 revised PD zoning classification until all implementing
actions are taken as set forth herein.
Passed and adopted this 10th day of July, 2006.
Attest*.
,~anet Dougherty, City ~l'erk v
City Commission of the
Sanford, Florida
Linda i~Jhn, Mayor
City of
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. 4000, Passed and Adopted
by the City Commission of the City of Sanford, Florida, on the 10th day of July, 2006,
was posted at the front door of the City Hall in the City of Sanford, Florida, on the 12th
day of July, 2006.
R. Dougherty ~-/
As the City Clerk of the City
of Sanford, Florida
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EXHIBIT "A"
Legal Description: TRACT 22 SEMINOLE TOWNE Ct,NTER REPLAT NO 2 PB 49 PGS 27
THRU 29. (Parcel No. 32-19-30-5MR-2200-0000)
The property being more generally described as 750 Towne Center Boulevard.
PD
Seminole Towne
Center Mall
/// Sears .
Movie Pollo //
Theater ~op cai'il P D
Target
Site
7.50 Towne Center Bird
Parcel No: 32-19 30-SMR 2200-0000
CENTRAL
David Maus
Toyota
FLORIDA GREENEWAY
/
/ CarMax