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HomeMy WebLinkAbout4069 Ordinance No. 4069 An ordinance of the City of Sanford, Florida rezoning property (approximately 10.19 acres in size) located at 2441 Cherry Laurel Drive within the City of Sanford (Parcel IDs 32-19-30-301-0088-0000 and 32-19-30- 301-008C-0000) from AG, Agriculture, to PD, Planned Development; providing for legislative findings and intent; providing authority for implementation of administrative actions; repealing all conflicting ordinances; providing for severability; providing for non-codification and providing for an effective date. Whereas, William L. Fuson, applicant for Gayle M. Cox Trustee and Ross M. and Mary R. Hamilton, the fee title owners of the real properties, totaling approximately 10.19 acres in size and located at 2441 Cherry Laurel Drive (Tax Parcel Identification Numbers 32-19-30-301- 008B-0000 and 32-19-30-301-008C-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 PO, Planned Development, zoning classification to accommodate the Bristol Park 344 unit apartment complex project with Chadwyck H. Moorehead, P.E., Madden Engineering, Inc. as the Engineer of Record for the project; and Whereas, the applicant has also submitted a revised PO Master Plan for the property prepared by Madden Engineering, Inc., the engineer of record; and Whereas, City staff has reviewed and has subsequently recommended approval of the proposed rezoning to the PO zoning classification and the proposed PO Master Plan for the property subject to specific conditions; and Whereas, on July 19, 2007, the Planning and Zoning Commission of the City of Sanford recommended the application be approved subject to specific conditions; and Whereas, the City Commission has determined that the proposed action of rezoning the subject property to the City's PO 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 recitals (whereas clauses) to the Ordinance, the City staff report, and the City Commission agenda memorandum related to the application for 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 Bristol Park project, as dated as received by the City of Sanford which was presented to the City Commission at its public meetings and hearings related to the subject Bristol Park proposed PD development. (e) The PD will not adversely affect the orderly development of the City of Sanford. (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 related 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 PO 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 PO 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 PO agreement (development order) relating to the PO project shall be drafted by and implemented by the City Attomey and City staff subject to all traffic concurrency issues being resolved with both the City of Sanford and Seminole County prior to the submittal of development plans subsequent to City Commission action which development order shall contain the following specific conditions: 1. The minimum parking ratio may be reduced from 2 spaces per unit to 1.5 spaces per unit as presented; 2. A minimum of 76 parking spaces will measure 9 W x 20' with the remaining spaces at 9' x 20' that includes a 2 ft. unpaved overhang except for the spaces shown in the parking garage (14% of total spaces) as submitted; 3. The minimum open space requirement may be reduced to 43% as submitted; 4. The landscape islands within the parking areas shall be required to have a minimum average area of 200 sq. ft. with the intent of having the final design of the parking layout to save as many existing trees as possible; 5. The wetland buffers shall meet St. Johns River Water Management requirements - (Le. minimum 25 ft. with at least a 50 ft. average); 6. The buffer and setback requirements can be reduced as submitted provided that an anodized (non opaque) 6 ft. aluminum fence is installed along the north (Kelly property) and west property lines. The buffer along the northern portion of the east side shall remain natural or undisturbed. Fencing along the east property line is optional. Along the south side (Fulmer property), up to an 8 ft. brick wall or other type buffer as agreed upon by both property owners in writing will be authorized; 7. The owners, their successors and assigns will not object to buffer and setback requirements that may be proposed on the adjacent properties (Kelly and Fulmer) that would be equal to or greater than the minimum buffers and setbacks that are established for this project; that is, nothing less than 10ft. buffers and 20 ft. side and rear yard building setbacks will be accepted; and 8. The owners, their successors and assigns will not object to the rezoning of the adjacent properties (Kelly and Fulmer) provided all rezoning requests are consistent with the Comprehensive Plan. (d) The PO agreement (development order) relating to the PO 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 will 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 the subject property shall not be deemed to be assigned the PO zoning classification until all implementing actions are taken as set forth herein. Passed and adopted this 27'h day of August, 2007. City Commission of the City of Sanford, Florida Attest: ~~(l~ ~ ~ . ~~ Linda Kuh . Mayor J;meWougher:ty, City Clerk Q \./1'\. -yh~ c-- Po ~,( I ~ ~ 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. 4069, Passed and Adopted by the City Commission of the City of Sanford, Florida, on the 27th day of August, 2007, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 29th day of August, 2007. Jao~~ ~~~~PO~<<I pv~ As the City Crerk of the City of Sanford, Florida EXHIBIT "A" Legal Description PARCEL 1 (FEE SIMPLE ESTATE) Parcel 4, lWlN LAKE FARMS DEVELOPMENT PLAN, described as follows: From the Southwest corner of Section 32, Township 19 South, Range 30 East, run South 89 degrees 53 minutes 54 seconds East along the South line of said Section 32, a distance of 558.38 feet to a point on the North right of way line of C-46-A and the POINT OF BEGINNING; thence run North 22 degrees 33 minutes 55 seconds East 291.65 feet, thence run North 10 degrees 58 minutes 39 seconds East 447.33 feet, thence run South 89 degrees 53 minutes 54 seconds East 659.88 feet; thence run South 49 degrees 01 minutes 28 seconds East 112.26 feet, thence run South 11 degrees 43 minutes 46 seconds West 78.14 feet, thence run North 89 degrees 53 minutes 54 seconds West 742.57 feet, thence run South 10 degrees 58 minutes 39 seconds West 298.99 feet, thence run South 22 degrees 33 minutes 55 seconds West 291.07 feet, to a point on said North right of way line of C-46-A, said point being on a curve concave Southwesterly having a radius of 724.537 feet and a tangent bearing of North 74 degrees 48 minutes 46 seconds West at said point, thence run Northwesterly, along the arc of said curve, 15.15 feet, through a central angle of 1 degrees 11 minutes 52 seconds, to the POINT OF BEGINNING. Less and Except that portion of the above described property which is within the land conveyed to Seminole County by the Warranty Deed recorded December 22, 1997, in Official Records Book 3344, Page 41, Public Records of Seminole County, Florida described as follows: A parcel of land in Section 32, Township 19 South, Range 30 East, being a portion of that parcel described in Official Records Book 1294, Page 286, of the Public Records of Seminole County, Florida, being more particularly described as follows: Commence at the Southwest corner of Section 32, Township 19 South, Range 30 East for a point of reference; thence run North 89 degrees 29 minutes 28 seconds East along the South line of the Southwest quarter of said Section 32, a distance of 180.19 feet; thence run North 00 degrees 10 minutes 37 seconds West along the East line of the West 180.18 feet (2.73 chains) of said Section 32, a distance of 23.36 feet to the Northerly right-of-way line of County Road 46A as recorded in said Official Records Book 1337, Page 19; thence run South 89 degrees 58 minutes 04 seconds East along said Northerly right-of-way line, 211.40 feet to the point of curvature of a curve concave Southerly; thence continue along said Northerly right-of-way line, Easterly along said curve having a radius length of 724.54 feet, a central angle of 13 degrees 19 minutes 28 seconds, an arc length of 168.50 feet, a chord length of 168.12 feet, and a chord bearing of South 83 degrees 18 minutes 20 seconds East to the centerline of a 60-foot Easement for ingress and egress and utilities described in Official Records Book 1294, Page 286 of said Public Records and the POINT OF BEGINNING; thence continue along said Northerly right-of-way line and said curve having a radius length of 724.54 feet, a central angle of 2 degrees 23 minutes 33 seconds, an arc length of 30.26 feet to the Easterly line of said 60.00 foot Easement; thence leaving said right-of-way run North 21 degrees 57 minutes 17 seconds East along said Easterly line 220.22 feet to a point on a non-tangent curve concave Southerly; thence run Westerly along said curve having a radius length of 3873.72 feet, a central angle of 00 degrees 15 minutes 11 seconds, an arc length of 17.11 feet, a chord bearing of South 83 degrees 12 minutes 32 seconds West; thence continue Westerly along said curve having a radius length of 3873.72 feet, a central angle of 00 degrees 15 minutes 13 seconds, an arc length of 17.15 feet, and chord bearing of South 82 degrees 57 seconds 20 seconds West to the centerline of said 60-foot Easement; thence run South 21 degrees 57 minutes 17 seconds West 207.57 feet to said Northerly right-of-way line of County Road 46A and the POINT OF BEGINNING. PARCEL 2 (FEE SIMPLE ESTATE) PARCEL 5, TWIN LAKE FARMS DEVELOPMENT PLAN, described as follows: From the Southwest corner of Section 32, Township 19 South, Range 30 East, run South 89 degrees 53 minutes 54 seconds East along the South line of said Section 32, a distance of 558.38 feet to a point on the North right of way line of C-46-A, said point being on a curve concave Southwesterly, having a radius of 724.537 feet and a tangent bearing of South 76 degrees 00 minutes 38 seconds East at said point, thence run Southeasterly along the arc of said curve, 15.15 feet through a central angle of 1 degrees 11 minutes 52 seconds to the POINT OF BEGINNING; thence run North 22 degrees 33 minutes 55 seconds East 291.07 feet, thence run North 10 degrees 58 minutes 39 seconds East 298.99 feet, thence run South 89 degrees 53 minutes 54 seconds East 742.57 feet, thence run South 47 degrees 00 minutes 00 seconds West, 232.83 feet, thence run North 89 degrees 53 minutes 54 seconds West 587.86 feet, thence run South 10 degrees 58 minutes 39 seconds West 140.82 feet, thence run South 22 degrees 33 minutes 55 seconds West 291.09 feet to a point on said North right of way of C-46-A, said point being on a curve concave Southwesterly, having a radius of 724.537 feet and a tangent bearing of North 73 degrees 37 minutes 05 seconds West at said point, thence run Northwesterly and the arc of said curve 15.11 feet through a central angle of 1 degrees 11 minutes 41 seconds to the POINT OF BEGINNING. Less and Except that portion of the above described property which is within the land conveyed to Seminole County by the Warranty Deed recorded December 22, 1997 in Official Records Book 3344, Page 41, Public Records of Seminole County, Florida described as follows: A parcel of land in Section 32, Township 19 South, Range 30 East, being a portion of that parcel described in Official Records Book 1294, Page 286, of the Public Records of Seminole County, Florida, being more particularly described as follows: Commence at the Southwest corner of Section 32, Township 19 South, Range 30 East for a point of reference, thence run North 89 degrees 29 minutes 28 seconds East along the South line of the Southwest quarter of said Section 32, a distance of 180.19 feet; thence run North 00 degrees 10 minutes 37 seconds West along the East line of the West 180.18 feet (2.73 chains) of said Section 32, a distance of 23.36 feet to the Northerly right-of-way line of County Road 46A as recorded in said Official Records Book 1337, Page 19; thence run South 89 degrees 58 minutes 04 seconds East along said Northerly right-of-way line, 211.40 feet to the point of curvature of a curve concave Southerly; thence continue along said Northerly right-of-way line, Easterly along said curve having a radius length of 724.54 feet, a central angle of 13 degrees 19 minutes 28 seconds, an arc length of 168.50 feet, a chord length of 168.12 feet, and a chord bearing of South 83 degrees 18 minutes 20 seconds East to the centerline of a 60-foot Easement for ingress and egress and utilities described in Official Records Book 1294, Page 286 of said Public Records and the POINT OF BEGINNING; thence continue along said Northerly right-of-way line and said curve having a radius length of 724.54 feet, a central angle of 2 degrees 23 minutes 33 seconds, an arc length of 30.26 feet to the Easterly line of said 60.00 foot Easement; thence leaving said right-of-way run North 21 degrees 57 minutes 17 seconds East along said Easterly line 220.22 feet to a point on a non-tangent curve concave Southerly; thence run Westerly along said curve having a radius length of 3873.72 feet, a central angle of 00 degrees 15 minutes 11 seconds, an arc length of 17.11 feet, a chord bearing of South 83 degrees 12 minutes 32 seconds West; thence continue Westerly along said curve having a radius length of 3873.72 feet, a central angle of 00 degrees 15 minutes 13 seconds, an arc length of 17.15 feet, and a chord bearing of South 82 degrees 57 seconds 20 seconds West to the centerline of said 60-foot Easement; thence run South 21 degrees 57 minutes 17 seconds West 207.57 feet to said Northerly right-of-way line of County Road 46A and the POINT OF BEGINNING. PARCEL 3 (NON EXCLUSIVE EASEMENT ESTATE) Together with an non exclusive easement for ingress, egress and utilities, as created by the Warranty Deed recorded in Official Records Book 1294, Page 286, the centerline of which is described as follows: From the Southwest corner of Section 32, Township 19 South, Range 30 East, Seminole County, Florida, run South 89 degrees 53 minutes 54 seconds East along the South line of said Section 32, a distance of 558.38 feet to a point on the North right of way line of C-46-A, and the POINT OF BEGINNING of this centerline description, thence run North 22 degrees 33 minutes 55 seconds East 291.65 feet, thence run North 10 degrees 58 minutes 39 seconds East 447.33 feet to the end of this Centerline description. Less and Except that part which is within Parcels 1 and 2. Also less and except that portion of the 60 foot Easement for ingress, egress and utilities as described in Official Records Book 1294, Page 286, as conveyed to Seminole County by the Warranty Deed recorded December 22, 1997 in Official Records Book 3344, Page 41, Public Records of Seminole County, Florida; the said portion of the 60 foot Easement being more particularly described as follows: Commence at the Southwest comer of Section 32, Township 19 South, Range 30 East for a point of reference, thence run North 89 degrees 29 minutes 28 seconds East along the South line of the Southwest quarter of said Section 32, a distance of 180.19 feet; thence run North 00 degrees 10 minutes 37 seconds West along the East line of the West 180.18 feet (2.73 chains) of said Section 32, a distance of 23.36 feet to the Northerly right-of-way line of County Road, 46A as recorded in said Official Records Book 1337, Page 19; thence run South 89 degrees 58 minutes 04 seconds East along said Northerly right-of-way line, 211.40 feet to the point of curvature of a curve concave Southerly; thence continue along said Northerly right-of-way line, Easterly along said curve having a radius length of 724.54 feet, a central angle of 13 degrees 19 minutes 28 seconds, an arc length of 168.50 feet, a chord length of 168.12 feet, and a chord bearing of South 83 degrees 18 minutes 20 seconds East to the centerline of said Easement and the POINT OF BEGINNING; thence continue along said Northerly right-of-way line and said curve having a radius length of 724.54 feet, a central angle of 2 degrees 23 minutes 33 seconds, an arc length of 30.26 feet to the Easterly line of said 60.00 foot Easement; thence leaving said right-of-way run North 21 degrees 57 minutes 17 seconds East along said Easterly line 220.22 feet to a point on a non-tangent curve concave Southerly; thence run Westerly along said curve having a radius length of 3873.72 feet, a central angle of 00 degrees 15 minutes 11 seconds, an arc length of 17.11 feet and a chord bearing of South 83 degrees 12 minutes 32 seconds West; thence continue Westerly along said curve having a radius length of 3873.72 feet, a central angle of 00 degrees 15 minutes 13 seconds, an arc length of 17.15 feet, and a chord bearing of South 82 degrees 57 seconds 20 seconds West to the centerline of said 60-foot Easement; thence continue Westerly along said curve having a radius length of 3873.72 feet, a central angle of 00 degrees 30 minutes 33 seconds, an arc length of 34.43 feet, and a chord bearing of South 82 degrees 34 minutes 27 seconds West to the Westerly line of said 60 foot Easement; thence run South 21 degrees 57 minutes 17 seconds West along said Westerly line 195.87 feet to the said Northerly right-of-way line of County Road 46A and a point on a non-tangent curve concave Southerly; thence run Easterly along said right- of-way and said curve having a radius length of 724.54 feet, a central angle of 2 degrees 24 minutes 28 seconds, an arc length of 30.45 feet and a chord bearing of South 77 degrees 50 minutes 50 seconds East to the centerline of said 60 foot Easement and the POINT OF BEGINNING. Parcel 4 (Fee Simple Estate) From the Southwest comer of Section 32, Township 19 South, Range 30 East, Seminole County, Florida, run South 89 degrees 53 minutes 54 seconds East, along the South line of said Section 32, a distance of 558.38 feet, thence run North 22 degrees 33 minutes 55 seconds East, 291.65 feet, thence run North 10 degrees 58 minutes 39 seconds East, 447.33 feet for a Point of Beginning, thence continue North 10 degrees 58 minutes 39 seconds East, 286.25 feet to a point 990 feet North of the South line of Section 32, thence run South 89 degrees 53 minutes 54 seconds East, parallel with said South line of Section 32, 763.72 feet, thence run South 11 degrees 43 minutes 46 seconds West 362.00 feet, thence run North 49 degrees 01 minutes 28 seconds West, 112.26 feet, thence run North 89 degrees 53 minutes 54 seconds West, 659.88 feet to the Point of Beginning. PARCEL 5 (Non-Exclusive Easement Estate) Together with a Non-Exclusive 60-foot Easement for ingress, egress and utilities as created by the Warranty Deed recorded September 12, 1980 in Official Records Book 1295, at Page 1884, Public Records of Seminole County, Florida, the centerline of which is described as follows: From the Southwest comer of Section 32, Township 19, Range 30 East, Seminole County, Florida, run South 89 degrees 53 minutes 54 seconds East along the South line of said Section 32, a distance of 558.38 feet to a point on the North right of way line of C-46-A, and the Point of Beginning of this Centerline description, thence run North 22 degrees 33 minutes 55 seconds East 291.65 feet, thence run North 10 degrees 58 minutes 39 seconds East 447.33 feet to the end of this Centerline description. ~ f! ~ I ~ ~ Oaklawn Memorial Park 8m Site 2441 Cherry Laurel Drive Parcel No: 32-19-30-301-0088-0000 32-19-30-301-008C-0000 - n - Courtesy Honda ~tlop.~'t ~\~ PO Sam's Club Courtesy Acura ~>1SIT!J AG CR 46 Bentley Park Apartments ("l r- r- ("l M <tl "0 'C o ~ "O~ .... <2 c <tl CIJ oo~ 00 r- ><: o 0:) c5 o.:~ ~~ r- (;~ ::c: <tl .0:9 .- .... U 0 "O~ .... ~ <2"0 ~.E CIJ c "-' <tl oCIJ .qgg~ Ur- ~ ...... ><: ~o Clo:) ~O . S! 0.: t: _-- 11)~ CIJ <tl ....::c: ~.o s.- o..U 0"0 ~ .... ~<2 11) c Cl~ "0,,-, C 0 ~.o .S u 2.ll <tl .... p::~ I1)U -S.o .sU "2-8 a E: 0...2 11) 11) ~~ . ,.., .. II. n H'II H' " ... .'11. ,. ." ,. '.'11 .., .,,~ " ,.. , 'n, o MAr:-'''Nf. MORS!::, l..'LERK Or CIRcun WUlff SEMfrc6LE COUNTY BK 06662 Pgs 0690 - 897; (SpQt) CLERK'S # 2007169087 RE(....fJtW~D liY06/200'! 1O:41:ti9 AJlI RECOIWIN6 fE::E:U 69.:;;0 ReCUHOr:V BY H DeVore 't"U: )[ C"<' '1"" ~~ !;:::; ~:.~ CITY OF SANFORD PLANNED DEVELOPMENT ORDER On the 4Y::!:1 day of Mt!1/J11.J).lv , 2007, the City of Sanford issued this Planned ~ Development Order relating to and touching and concerning that real property described in the attached Composite Exhibit A which is incorporated herein by this reference. Property Owners: Gayle M. Cox, Trustee Ross M. Hamilton and Mary R. Hamilton, his wife Project Name: Bristol Park Requested Approval: Rezoning to PO, Planned Development, zoning classification to accommodate the Bristol Park 344 unit apartment complex (0 The Planned Development Approval sought is consistent with the City of Sanford Comprehensive Plan, the Land Development Regulations of the City of Sanford, the controlling provisions of State law and the ultimate development of the property will be subject to and consistent with and in compliance to applicable land development regulations and all other applicable regulations and ordinances as set forth in the Code of Ordinances of the City of Sanford, Florida. The Owners of the property has expressly agreed to be bound by and subject to the development conditions and commitments stated below and have covenanted and agreed to comply with all following conditions as set forth in Paragraph (3) below. PLANNING DEVELOPMENT ORDER NOW, THEREFORE, IT IS ORDERED AND AGREED THAT: Page 1 of 5 o o (1) The aforementioned application for planned development approval is GRANTED. (2) All development of the property shall fully comply with all of the codes and ordinances in effect in the City of Sanford, Florida, at the time of issuance of the planned development order and/or the development permit. (3) The conditions upon this planned development approval and the commitments made as to this development approval, which have been accepted by and agreed to by the Owners of the property are as follows: (a) All traffic concurrency issues will be resolved with both the City of Sanford and Seminole County prior to the submittal of final development plans; (b) The minimum parking ratio may be reduced from 2 spaces per until to 1.5 spaces per unit as presented to the City Commission; (c) A minimum of 76 parking spaces will measure 9 1f2' x 20' with the remaining spaces at 9' x 20' that includes a 2' unpaved overhang expect for the spaces shown in the parking garage (14% of total spaces) as shown the final development plans and as submitted; (d) The minimum open space requirement may be reduced to 43% as shown the final development plans and as submitted; (e) The landscape islands within the parking areas shall be required to have a minimum average area of 200 sq. ft. with the final plan design of the parking layout saving as many existing trees as possible; (f) The wetland buffers shall meet St. Johns River Water Management requirements (i.e. minimum 25 ft. with at least a 50 ft. average); (g) The buffer and setback requirements may be reduced as shown the final development plans and as submitted provided that an anodized (non opaque) 6' aluminum fence is installed along the north and west property lines. The buffer along the northern portion of the east side shall remain natural and undisturbed. Fencing along the east property line is optional. Along the south side (Fulmer Property), up to an 8' brick wall or other type buffer as agreed upon by both property owners in writing will be authorized; that Owners shall provide to the City a fully executed copy of the wall or substitute acceptable buffer agreement germane to the Fulmer Property; (h) The Owners, their successors and assigns will not object to buffer and setback requirements that may be proposed on the adjacent properties (Kelly and Fulmer) that would be equal to or greater than the minimum buffers and setbacks that are established for this planned development project; that is, nothing less than 10' buffers and 20' side and rear yard building setbacks will be accepted by the adjacent owners orthe City; and Page 2 of 5 o o (i) The Owners, their successors and assigns will not object to the rezoning of the adjacent properties (Kelly and Fulmer) provided all rezoning requests are consistent with the Comprehensive Plan and the Land Development Regulations of the City of Sanford. (4) This Planned Development Order touches and concerns the aforedescribed real property as described in the attached Composite Exhibit A. The Owners of the said property do hereby expressly covenant and agree by the execution of this Planned Development Order to each and every provision and all of the terms and conditions of this Planned Development Order. (5) This Planned Development Agreement ("Development Order") relating to the Bristol Park Planned Development Project shall, subsequent to appropriate execution by all parties thereto, be recorded in this Official Records of Seminole County, Florida (Land Records) by the City Clerk. (6) The terms and provisions of this Planned Development Order are not severable and in the event any portion of this Development Order shall be found to be invalid or illegal, then the entire Development Order shall be null and void. Done and Ordered on the date first above written. As approved and authorized for execution by the City Commission of the C'ly of Sanford at its regular meeting of 'U . ,2007. Attest: anford, Florida ...1-,-, ~- Page 3 of 5 o o OWNER'S CONSENT AND AGREEMENT IN WITNESS WHEREOF, the Owners consent and agree to each and every term and condition of this Planned Development Order and have hereunto set their hands and seals the day and year shown. G~OX~~st~ Signa re .J~ I~. .200 7 Date STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that, on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Gayle M. Cox, Trustee, to me known to be the person described in and who executed the foregoing instrument and she acknowledged before me that she executed the same. ~W. itness my hand and official seal in the County and State aforesaid this f?'Cday of ~ ,2007. % .. bt.. ~~ A ~{fiJ Notary Public, in'" and for the County and State aforementioned My Commission Expires: 9 J3g / ZV/o I I ..'tiAtr~"', PATRICIA W. AUSTIN {fl:' .~~ MY COMMISSION # DO 557708 ...*. .~ ~~'" .. /4 EXPIRES: September 30,2010 ~ . "'~f,Rt~~~\" __ Bonded Th,ru Notary Publi=.u~de~.rit!rs ~':~'Wf!,".'Ti.IPi!IN ~._H _~. ,,_~1ii.(:t. Page 4 of 5 o o Ross M. Hamilton L~.~~ Signature ~. /8, -uro7 Date STATE OF FLORI, ) COUNTY OF SEMINOLE ) I HEREBY CERTIFY that, on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Ross M. Hamilton, to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. "itness my hand and official seal in th~ Cj)ty and State af~resaid this I. # day of ~t*,,~~ ,2007. ~;t;;;~~JJ~ Notary Public, in and for the County and State aforementioned .........;~:-....uN><.:;:.~,:.M.."J4I\\..~~...~~"!~~!!!".!:!1~.; ~r:-~~~~G;~:..._-- PATRICIA w. AUST1N~_ \~ ~: f;:?" ,b;. "~;~ MY COMMISSION # DO 5~: 708 [ /:'~"rj\[~':6'f EXPIRES: September 30, 2010 I' .', ."%i:';'. ~;<:~" Bondsd Thru I~ota;y Public Underwnt'-!s I ~ ~~ ," . .~~;:;~~~ ,..;;_,;~~..~......r;;-~-;;;;;.u-~,.z.:!J. My Commission Expires: 9~/zcZ>lo / I J STATE OF FLORID COUNTY OF SEMINOLE I HEREBY CERTIFY that, on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Mary R. Hamilton, to me known to be the person described in and who executed the foregoing instrument and she acknowledged before me that she executed the same. itness my hand and official seal in the County and State aforesaid this I~day ~ · 2007. ~~.-J~ Notary Public, in and for the County and State aforementioned of ...~::''fW'''' PATRICIA W. AUSTIN ~~., ~<. MY COMMISSION # DO 55770B :*: ~~ ; : EXPIRES: September 30,2010 ~ Bonded Thru Notary Public Underwnlers My Commission Expires: q /70/ 20 10 I I Page 5 of 5 o o EXHIBIT "A" Legal Description PARCEL 1 (FEE SIMPLE ESTATE) Parcel 4, TWIN LAKE FARMS DEVELOPMENT PLAN, described as follows: From the Southwest comer of Section 32, Township 19 South, Range 30 East, run South 89 degrees 53 minutes 54 seconds East along the South line of said Section 32, a distance of 558.38 feet to a point on the North right of way line of C-46-A and the POINT OF BEGINNING; thence run North 22 degrees 33 minutes 55 seconds East 291.65 feet, thence run North 10 degrees 58 minutes 39 seconds East 447.33 feet, thence run South 89 degrees 53 minutes 54 seconds East 659.88 feet; thence run South 49 degrees 01 minutes 28 seconds East 112.26 feet, thence run South 11 degrees 43 minutes 46 seconds West 78.14 feet, thence run North 89 degrees 53 minutes 54 seconds West 742.57 feet, thence run South 10 degrees 58 minutes 39 seconds West 298.99 feet, thence run South 22 degrees 33 minutes 55 seconds West 291.07 feet, to a point on said North right of way line ofC-46-A, said point being on a curve concave Southwesterly having a radius of 724.537 feet and a tangent bearing of North 74 degrees 48 minutes 46 seconds West at said point, thence run Northwesterly, along the arc of said curve, 15.15 feet, through a central angle of 1 degrees 11 minutes 52 seconds, to the POINT OF BEGINNING. Less and Except that portion of the above described property which is within the land conveyed to Seminole County by the Warranty Deed recorded December 22, 1997, in Official Records Book 3344, Page 41, Public Records of Seminole County, Florida described as follows: A parcel of land in Section 32, Township 19 South, Range 30 East, being a portion of that parcel described in Official Records Book 1294, Page 286, of the Public Records of Seminole County, Florida, being more particularly described as follows: Commence at the Southwest comer of Section 32, Township 19 South, Range 30 East for a point of reference; thence run North 89 degrees 29 minutes 28 seconds East along the South line of the Southwest quarter of said Section 32, a distance of 180.19 feet; thence run North 00 degrees 10 minutes 37 seconds West along the East line of the West 180.18 feet (2.73 chains) of said Section 32, a distance of 23.36 feet to the Northerly right-of-way line of County Road 46A as recorded in said Official Records Book 1337, Page 19; thence run South 89 degrees 58 minutes 04 seconds East along said Northerly right-of-way line, 211.40 feet to the point of curvature of a curve concave Southerly; thence continue along said Northerly right-of-way line, Easterly along said curve having a radius length of 724.54 feet, a central angle of 13 degrees 19 minutes 28 seconds, an arc length of 168.50 feet, a chord length of 168.12 feet, and a chord bearing of South 83 degrees 18 minutes 20 seconds East to the centerline of a 6O-foot Easement for ingress and egress and utilities described in Official Records Book 1294, Page 286 of said Public Records and the POINT OF BEGINNING; thence continue along said Northerly right- of-way line and said curve having a radius length of 724.54 feet, a central angle of2 degrees 23 minutes 33 seconds, an arc length of 30.26 feet to the Easterly line of said 60.00 foot Easement; thence leaving said right-of-way run North 21 degrees 57 minutes 17 seconds East along said Easterly line 220.22 feet to a point on a non-tangent curve concave Southerly; thence run Westerly along said curve having a radius length of3873.72 feet, a central angle of 00 degrees 15 minutes 11 seconds, an arc length of 17.11 feet, a chord bearing of South 83 degrees 12 minutes 32 seconds West; thence continue Westerly along said curve having a radius length of 3873.72 feet, a central angle of 00 degrees 15 minutes 13 seconds, an arc length of 17.15 feet, and chord bearing of South 82 degrees 57 seconds 20 seconds West to the centerline of said 60-foot Easement; thence run South 21 degrees 57 minutes 17 seconds West 207.57 feet to said Northerly right-of-way line of County Road 46A and the POINT OF BEGINNING. PARCEL 2 (FEE SIMPLE ESTATE) PARCEL 5, TWIN LAKE FARMS DEVELOPMENT PLAN, described as follows: From the Southwest comer of Section 32, Township 19 South, Range 30 East, run South 89 degrees 53 minutes 54 seconds East along the South line of said Section 32, a distance of558.38 feet to a point on the North right of way line ofC-46-A, said point being on a curve concave Southwesterly, having a radius of 724.537 feet and a tangent bearing of South 76 degrees 00 minutes 38 seconds East at said point, thence run Southeasterly along the arc of said curve, 15.15 feet through a central angle of 1 degrees 11 minutes 52 seconds to the POINT OF BEGINNING; thence run North 22 degrees 33 minutes 55 seconds East 291.07 feet, thence run North 10 degrees 58 minutes 39 seconds East 298.99 feet, thence run South 89 degrees 53 minutes 54 seconds East 742.57 feet, thence run South 47 degrees 00 minutes 00 seconds West, 232.83 feet, thence run North 89 degrees 53 minutes 54 seconds West 587.86 feet, thence run South 10 degrees 58 minutes 39 seconds West 140.82 feet, thence run South 22 degrees 33 minutes 55 seconds West 291.09 feet to a point on said North right of way of C-46-A, said point being on a curve concave Southwesterly, having a radius of 724.537 feet and a tangent bearing of North 73 degrees 37 minutes 05 seconds o o West at said point, thence run Northwesterly and the arc of said curve 15.11 feet through a central angle of I degrees II minutes 41 seconds to the POINT OF BEGINNING. Less and Except that portion of the above described property which is within the land conveyed to Seminole County by the Warranty Deed recorded December 22, 1997 in Official Records Book 3344, Page 41,' Public Records of Seminole County, Florida described as follows: A parcel of land in Section 32, Township 19 South, Range 30 East, being a portion of that parcel described in Official Records Book 1294, Page 286, of the Public Records of Seminole County, Florida, being more particularly described as follows: Commence at the Southwest comer of Section 32, Township 19 South, Range 30 East for a point of reference, thence run North 89 degrees 29 minutes 28 seconds East along the South line of the Southwest quarter of said Section 32, a distance of 180.19 feet; thence run North 00 degrees 10 minutes 37 seconds West along the East line of the West 180.18 feet (2.73 chains) of said Section 32, a distance of 23.36 feet to the Northerly right-of-way line of County Road 46A as recorded in said Official Records Book 1337, Page 19; thence run South 89 degrees 58 minutes 04 seconds East along said Northerly right-of-way line, 211.40 feet to the point of curvature of a curve concave Southerly; thence continue along said Northerly right-of-way line, Easterly along said curve having a radius length of 724.54 feet, a central angle of 13 degrees 19 minutes 28 seconds, an arc length of 168.50 feet, a chord length of 168.12 feet, and a chord bearing of South 83 degrees 18 minutes 20 seconds East to the centerline of a 60-foot Easement for ingress and egress and utilities described in Official Records Book 1294, Page 286 of said Public Records and the POINT OF BEGINNING; thence continue along said Northerly right- of-way line and said curve having a radius length of 724.54 feet, a central angle of 2 degrees 23 minutes 33 seconds, an arc length of 30.26 feet to the Easterly line of said 60.00 foot Easement; thence leaving said right-of-way run North 21 degrees 57 minutes 17 seconds East along said Easterly line 220.22 feet to a point on a non-tangent curve concave Southerly; thence run Westerly along said curve having a radius length of3873.72 feet, a central angle of 00 degrees 15 minutes 11 seconds, an arc length of 17.11 feet, a chord bearing of South 83 degrees 12 minutes 32 seconds West; thence continue Westerly along said curve having a radius length of 3 873.72 feet, a central angle of 00 degrees 15 minutes 13 seconds, an arc length of 17.15 feet, and a chord bearing of South 82 degrees 57 seconds 20 seconds West to the centerline of said 60-foot Easement; thence run South 21 degrees 57 minutes 17 seconds West 207.57 feet to said Northerly right-of-way line of County Road 46A and the POINT OF BEGINNING. PARCEL 3 (NON EXCLUSIVE EASEMENT ESTATE) Together with an non exclusive easement for ingress, egress and utilities, as created by the Warranty Deed recorded in Official Records Book 1294, Page 286, the centerline of which is described as follows: From the Southwest comer of Section 32, Township 19 South, Range 30 East, Seminole County, Florida, run South 89 degrees 53 minutes 54 seconds East along the South line of said Section 32, a distance of 558.38 feet to a point on the North right of way line ofC-46-A, and the POINT OF BEGINNING of this centerline description, thence run North 22 degrees 33 minutes 55 seconds East 291.65 feet, thence run North 10 degrees 58 minutes 39 seconds East 447.33 feet to the end of this Centerline description. Less and Except that part which is within Parcels 1 and 2. Also less and except that portion of the 60 foot Easement for ingress, egress and utilities as described in Official Records Book 1294, Page 286, as conveyed to Seminole County by the Warranty Deed recorded December 22, 1997 in Official Records Book 3344, Page 41, Public Records of Seminole County, Florida; the said portion of the 60 foot Easement being more particularly described as follows: Commence at the Southwest comer of Section 32, Township 19 South, Range 30 East for a point of reference, thence run North 89 degrees 29 minutes 28 seconds East along the South line of the Southwest quarter of said Section 32, a distance of 180.19 feet; thence run North 00 degrees 10 minutes 37 seconds West along the East line of the West 180.18 feet (2.73 chains) of said Section 32, a distance of 23.36 feet to the Northerly right-of-way line of County Road, 46A as recorded in said Official Records Book 1337, Page 19; thence run South 89 degrees 58 minutes 04 seconds East along said Northerly right-of-way line, 211.40 feet to the point of curvature of a curve concave Southerly; thence continue along said Northerly right-of-way line, Easterly along said curve having a radius length of 724.54 feet, a central angle of 13 degrees 19 minutes 28 seconds, an arc length of 168.50 feet, a chord length of 168.12 feet, and a chord bearing of South 83 degrees 18 minutes 20 seconds East to the centerline of said Easement and the POINT OF BEGINNING; thence continue along said Northerly o o right-of-way line and said curve having a radius length of 724.54 feet, a central angle of2 degrees 23 minutes 33 seconds, an arc length of 30.26 feet to the Easterly line of said 60.00 foot Easement; thence leaving said right-of-way run North 21 degrees 57 minutes 17 seconds East along said Easterly line 220.22 feet to a point on a non-tangent curve concave Southerly; thence run Westerly along said curve having a radius length of 3873.72 feet, a central angle of 00 degrees 15 minutes 11 seconds, an arc length of 17.11 feet and a chord bearing of South 83 degrees 12 minutes 32 seconds West; thence continue Westerly along said curve having a radius length of3873.72 feet, a central angle of 00 degrees 15 minutes 13 seconds, an arc length of 17.15 feet, and a chord bearing of South 82 degrees 57 seconds 20 seconds West to the centerline of said 60-foot Easement; thence continue Westerly along said curve having a radius length of3873.72 feet, a central angle of 00 degrees 30 minutes 33 seconds, an arc length of 34.43 feet, and a chord bearing of South 82 degrees 34 minutes 27 seconds West to the Westerly line of said 60 foot Easement; thence run South 21 degrees 57 minutes 17 seconds West along said Westerly line 195.87 feet to the said Northerly right-of-way line of County Road 46A and a point on a non-tangent curve concave Southerly; thence run Easterly along said right-of-way and said curve having a radius length of724.54 feet, a central angle of 2 degrees 24 minutes 28 seconds, an arc length of 30.45 feet and a chord bearing of South 77 degrees 50 minutes 50 seconds East to the centerline of said 60 foot Easement and the POINT OF BEGINNING. Parcell (Fee Simple Estate) From the Southwest comer of Section 32, Township 19 South, Range 30 East, Seminole County, Florida, run South 89 degrees 53 minutes 54 seconds East, along the South line of said Section 32, a distance of 558.38 feet, thence run North 22 degrees 33 minutes 55 seconds East, 291.65 feet, thence run North 10 degrees 58 minutes 39 seconds East, 447.33 feet for a Point of Beginning, thence continue North 10 degrees 58 minutes 39 seconds East, 286.25 feet to a point 990 feet North of the South line of Section 32, thence run South 89 degrees 53 minutes 54 seconds East, parallel with said South line of Section 32, 763.72 feet, thence run South 11 degrees 43 minutes 46 seconds West 362.00 feet, thence run North 49 degrees 01 minutes 28 seconds West, 112.26 feet, thence run North 89 degrees 53 minutes 54 seconds West, 659.88 feet to the Point of Beginning. PARCEL 2 (Non-Exclusive Easement Estate) Together with a Non-Exclusive 60-foot Easement for ingress, egress and utilities as created by the Warranty Deed recorded September 12, 1980 in Official Records Book 1295, at Page 1884, Public Records of Seminole County, Florida, the centerline of which is described as follows: From the Southwest comer of Section 32, Township 19, Range 30 East, Seminole County, Florida, run South 89 degrees 53 minutes 54 seconds East along the South line of said Section 32, a distance of 558.38 feet to a point on the North right of way line of C-46-A, and the Point of Beginning of this Centerline description, thence run North 22 degrees 33 minutes 55 seconds East 291.65 feet, thence run North 10 degrees 58 minutes 39 seconds East 447.33 feet to the end of this Centerline description.