HomeMy WebLinkAbout4682 Annex 3981 Sipes Avenue\�
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GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2022059087 Bk:10241 Pg:425-448(24Pgs)
REC: 05/18/2022 9:48:00 AM by koneal
RECORDING FEES $205.50
Ordinance No. 2022-4682
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 16-20-
31-502-0000-0010) which is generally addressed as 3981 Sipes
Avenue located contiguous to the City of Sanford together with
associated rights -of -way within the area of the annexed property in
accordance with the voluntary annexation provisions of Section
171.044, Florida Statutes; redefining the boundaries of the City of
Sanford to include said property; amending the boundaries of the
City in accordance with the provisions of Section 166.031, Florida
Statutes; providing for findings; providing for conditions; directing
the City Clerk to record the ordinance with the Clerk of the Circuit
Court, with the Chief Administrative Office of Seminole County and
with the Department of State; providing for legal description and a
map and providing for the incorporation of that exhibit; repealing all
ordinances in conflict herewith; providing for severability; providing
for non -codification and the taking of administrative actions and
providing for an effective date.
Whereas, the following is the fee simple title owner of the real property being
assigned the following Tax Identification Parcel Number by the Seminole County
Property Appraiser:
Tax Identification Parcel Number Owner
16-20-31-502-0000-0010 AMH Development LLC, a
Delaware limited liability
company.
; and
Whereas, David P. Singelyn, Brent Landry, John (Jack) Corrigan, Sara Vogt -
Lowell, Michael Stone, Geoffrey Reid, Ben Mahany, Todd Jones, and Brad Edwards are
the corporate officers of AMH Development LLC; and
Whereas, the subject real property (a site 39.94 acres in size) is located at the
east side of the intersection of Pine Way and Sipes Avenue which property is located
within sub -area 4 of the of the 2015 Seminole County/City of Sanford Joint Planning
Agreement; and
Whereas, City staff reviewed and recommended approval of the annexation of
said property to the City Commission of the City of Sanford and has accomplished all
actions required under the Code of Ordinances of the City of Sanford and State law;
and
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Whereas, the City Commission, upon the recommendation of City staff and
the City Attorney, has determined that all of the property which is proposed to be
annexed into the City of Sanford is within an unincorporated area of Seminole County,
is reasonably compact and contiguous to the corporate areas of the City of Sanford,
Florida and it is further determined that the annexation of said property will not result in
the creation of any enclave (and, indeed, logically fills in the City Limits of the City and is
consistent with sound principles and practices relating to the delineating of jurisdictional
boundaries thereby furthering sound management in terms of the provision of public
facilities and services as well as sound land use planning), and it is further determined
that the property otherwise fully complies with the requirements of State law relative to
annexation it being specifically found and determined that the property being annexed
does not leave any real property in unincorporated Seminole County totally enclosed
within the City Limits of the City; and
Whereas, the City Commission of the City of Sanford, Florida has taken all
actions in accordance with the requirements and procedures mandated by State law;
and
Whereas, the City Commission of the City of Sanford, Florida hereby
determines that it is to the advantage of the City of Sanford and in the best interests of
the citizens of the City of Sanford to annex the aforedescribed property; and
Whereas, the provisions of Section 166.031(3), Florida Statutes, provide that
[a] municipality may, by ordinance and without referendum, redefine its boundaries to
include only those lands previously annexed and shall file said redefinition with the
Department of State pursuant to the provisions of subsection (2); and
Whereas, the provisions of Section 171.091, Florida Statutes, provide as
follows:
Recording. —Any change in the municipal boundaries through annexation
or contraction shall revise the charter boundary article and shall be filed as
a revision of the charter with the Department of State within 30 days. A
copy of such revision must be submitted to the Office of Economic and
Demographic Research along with a statement specifying the population
census effect and the affected land area.
; and
Whereas, the map and the legal descriptions attached hereto as Exhibit "A"
shows, describes and depicts the property which is hereby annexed into the City of
Sanford said Exhibit being incorporated into the substantive provisions of this Ordinance
as if fully set forth herein verbatim; and
21" _..-.
Whereas, the property owner has entered a document styled "Palmetto Pointe
Pre -Annexation Covenant" which has been recorded in the Public Records of Seminole
County, Florida.
Now, Therefore, be it Enacted By the People of the City Of Sanford, Florida,
as follows:
Section 1. Legislative and Administrative Findings/Annexation of
Property.
(a). The recitals set forth above in the "whereas clauses" are hereby adopted
as legislative findings of the City Commission of the City of Sanford.
(b). The property that is the subject of this Ordinance consists of the following
parcel of land assigned the Tax Identification Parcel Number set forth above and below,
together with all rights -of -way of Pine Way westward of the annexed property, of Sipes
Avenue northward of Pine Way to Kentucky Street, of Kentucky Street westward to
Sipes Avenue, and all of the unnamed right-of-way abutting the annexed property to the
east, all to the extent such right-of-way is not currently located within the City Limits of
the City, said property being situated in Seminole County, Florida:
All of Tax identification Parcel Number: 16-20-31-502-0000-0010. (See
Exhibit "A" (map), which is also described as:
Lots 1 to 8, CRIPPEN'S SUBDIVISION, as recorded at Plat Book 1,
Page 90, of the Public Records of Seminole County, Florida.
, and all of said property is hereby annexed into and are hereby made a part of the City
of Sanford, Florida pursuant to the provisions of Section 171.044, Florida Statutes.
(c). Water, wastewater and reclaimed water services are available from East
Lake Mary Boulevard. A single-family home development cannot be on a private lift
station. The City requires a 130 homes minimum for a City -owned and operated lift
station to be installed. If the minimum number of homes is not met, the property owner
is required to design the lift station and extend the gravity sewer so other homes (future
or present) may be connected in accordance with the requirements set forth in the City's
utility manual specifications. The property owner shall be responsible for all impact and
connection fees including, but not limited to, extending all utility lines to the annexed
property at the cost and expense of the property owner, which matters are associated
with obtaining utility services from the City to serve the annexed property. The property
owner of the annexed property fully understands that the property owner and the
transferees and assigns of the property owner shall incur any and all of the costs of
routing, extending, connecting, sizing and installing all utility services to the annexed
property that may result and be incurred as well as the obligation to pay any and all
other applicable fees and costs in any way relating to connection to, metering of, and
31Pa.g .
provision of services by, the City's utility systems. Future development shall meet all
utility code and system requirements as well as the requirements of controlling State
law. The property owner shall be responsible for any and all costs and expenses
relating to the routing any and all lines to the subject property and for providing any
necessary facilities and equipment including, but not limited to, the granting of utility
easements to the City as may be determined to be necessary by the City.
(d). Under the authority of Section 166.031 (3), Florida Statutes, relating to city
charter amendments, "[a] municipality may amend its charter pursuant to this section
notwithstanding any charter provisions to the contrary. .. .. A municipality may, by
ordinance and without referendum, redefine its boundaries to include only those lands
previously annexed and shall file said redefinition with the Department of State "
This Ordinance shall amend the boundaries of the City to include the property annexed
in this Ordinance and all previously annexed properties.
Section 2. Effect of Annexation. Upon this Ordinance becoming
effective, the property owner of the said property shall be entitled to all the rights and
privileges and immunities as are from time -to -time granted to property owners of the
City of Sanford, Florida as further provided in Chapter 171, Florida Statutes, and shall
further be subject to the responsibilities of ownership as may from time -to -time be
determined by the governing authority of the City of Sanford, Florida and the provisions
of said Chapter 171, Florida Statutes. The City has not waived any rights or remedies
by taken the action set forth herein or by approving any successive development orders
and reserves any and all rights and remedies available to the City under controlling law
including, but not limited to, the protections under the laws pertaining to sovereign
immunity. It is noted that, to address conditions of annexation desired by the City, the
property owner has agreed, in a recorded instrument that runs with the subject annexed
property, that that terms and conditions of Seminole County Development Order
Number 21-20000003, dated November 9, 2021, and pertaining to File Number
PZ2021-08, shall continue in full force and effect after annexation of the annexed
property notwithstanding the provisions of the City's Land Development Regulations
with the City being the beneficiary of the covenants and commitments made therein.
Section 3. Administrative Actions.
(a). Within 7 days of the adoption of this Ordinance, the City Clerk shall file a
copy of said Ordinance with the Clerk of the Court (Land Records/Recording), with the
Chief Administrative Officer of Seminole County (the County Manager), with the Florida
Department of State, and with such other agencies and entities as may be required by
law or otherwise desirable.
(b). The City Manager, or designees within City management staff, shall
ensure that the property annexed by this Ordinance is incorporated into the City of
Sanford Comprehensive Plan and the Official Zoning Map of the City of Sanford in an
expeditious manner and, in accordance with, and pursuant to, the provisions of Under
the authority of Section 166.031(3), Florida Statutes, the City Manager, or designees,
shall amend the boundaries of the City to include the property annexed in this
Ordinance and all previously annexed properties in all maps and geographical data
relating to the City Limits said property to include, but not be limited to, annexed rights -
of -way and natural features. Also, in accordance with the provisions of Section 171.091,
Florida Statutes, a copy of the document submitted to the Florida Department of State
must be submitted to the Office of Economic and Demographic Research along with a
statement specifying the population census effect and the affected land area.
Section 4. Conflicts. All ordinances or part of ordinances in conflict with
this Ordinance are hereby repealed.
Section 5. 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 to be
invalid, unlawful, or unconstitutional.
Section 6. Codification. The provisions of this Ordinance shall not be
codified, but the annexed property shall be incorporated and included in all appropriate
maps of the City Limits of the City of Sanford by the City Manager, or designee(s), and
the City Manager, or designee(s), is/are hereby directed to take any and all appropriate
actions relative to the land use planning documents of the City pertaining to the property
annexed pursuant to this Ordinance. Also, all maps of the City shall be modified to
address this annexation and all previous annexations.
Section 7. Effective Date. This Ordinance shall take effect immediately
upon passage and adoption.
Passed and adopted this 9th day of May, 2022.
Attest: City C
S rc
IPA
Traci Houchin, MMC, FCRM ''= oc
City Clerk 1Iyor
For use and reliance of the Sanford
City Commission only.
Appro to form and legality.
c
ert
{City Attorney
51Pac--
is_§ion of the City of
:FORD
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FST. 18�� � • �
CITY COMMISSION MEMORANDUM 22.139
MAY 9, 2022 AGENDA
W S RM
Item No.
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP — Planning Director
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Annexation of 39.94 acres located at project address 3 81 Sipes Avenue;
Owner, AMH Development Group "
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A request by the property owner, AMH Development Group whose manager is Geoffrey Reid, to
voluntarily annex, 39.94 acres located at 3981 Sipes Avenue has been received.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the subject property is a vacant residential parcel
with the assessed tax value and total tax bill for 2021 shown below:
Parcel Number
Assessed Value
(202)
Tax Bill
(2020)
Property Status
16-20-31-502-0000-0010
$1,508,870
$21,776.72
Vacant Residential
Upon annexation, it is the applicant's intent to construct a single family residential development.
If annexed, a residential development will have an impact on public facilities and services.
No additional staffing is anticipated, if the request is approved.
BACKGROUND:
The above referenced properties are located in unincorporated Seminole County at the east side of
the intersection of Pine Way and Sipes Avenue.
Existing Use Vacant
Proposed Use Single Family Subdivision
Parcel Number 16-20-31-502-0000-0010
Parcel Size
39.94
Existing Future Land Use Designation (Count)
LDR, Low Density Residential
Proposed Future Land Use Designation (City)
LDRSF, Low Density Residential Single -
Family
Existing Zoning (County)
R-IA, Single Family Residential
Equivalent Zoning (City)
SR- 1A, Single Family Residential
Proposed Zoning (City)
SR-1 A, Single Family Residential
Upon annexation, the property will be in City Commission District 1.
The subject properties are located within sub -area 4 of the 2015 Seminole County/City of Sanford
Joint Planning Agreement. An east -west alignment established by Eaglewoods Trail shall serve as
a dividing line for residential density within Planning Area 4. Properties to the north of this line
shall develop at a maximum of 3.5 units per net buildable acre. Properties lying south of this line
and north of Pine Way shall develop at a maximum of 2.5 units per net buildable acre. The subject
property is south of Eaglewoods Trail, and has a Future Land Use designation of County LDR,
Low Density Residential. However, on November 9, 2021, Seminole County issued Development
Order 21-20000003 granting the property the right to develop at a maximum density of 2.95 units
per acre. The recorded development order also allowed reduction to the minimum houses size, and
required open space. As a condition of this annexation the City of Sanford agrees to accept and
recognize the development rights associated with this development.
Staff has reviewed the request for annexation and found the request to meet the criteria set forth in
Section 171.044, Florida Statutes, relating to voluntary annexations. The property boundaries are
contiguous to the City's boundary and are reasonably compact. The proposed annexation does not
create a new enclave.
Utilities:
Water, wastewater, and reclaim is available from E. Lake Mary Boulevard. The developer shall be
responsible for extending all utility lines to the site at their cost. A single-family home
development cannot be on a private lift station. The City requires a 130 homes minimum for a
City owned and operated lift station to be installed. If the minimum number of homes cannot be
met, the developer is required to design the lift station and extend the gravity sewer so other homes
(future or present) can be connected per the utility manual specifications.
The developer shall be responsible for up sizing existing utilities required to meet all utility
specifications at its cost. All utility lines, water, sewer, and reclaim shall be installed per the City
Utility Manual specifications and requirements. Any improvements required to the City's sewer
system to accommodate the proposed development will be at the developer's expense. All impact
and connection fees associated with obtaining utility services from the City shall be the property
owner's responsibility.
The property owner, AMH Development Group, is requesting annexation to obtain utility services
in order to develop a residential development.
LEGAL REVIEW:
The City Attorney has reviewed and determined that the annexation, as implemented, would
comply with controlling State law and has prepared the proposed Ordinance.
The City Commission approve Ordinance No. 4682, on first reading of Ordinance No. 4682, on
the first reading.
The City Clerk published notice of the 2pd Public Hearing in the Sanford Herald on April 3, 2022.
The City Commission moved to continue the 2nd Public Hearing of Ordinance No. 4682 on April
11, 2022.
The City Commission moved to continue the 2nd Public Hearing of Ordinance No. 4682 on April
25, 2022.
RECOMMENDATION:
It is staff s recommendation that the City Commission adopt Ordinance No. 4682.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4682."
Attachments: Ordinance No. 4682
Exhibit "A"
Annexation Covenant
Prepared by and return to:
Eileen Hinson, AICP
Director of Planning
Planning Division of Development Services Department
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
Tax Parcel Identification Number, 16-20-31-502-0000-0010.
PALMETTO POINTE PRE -ANNEXATION COVENANT
THIS PALMETTO POINTE PRE -ANNEXATION COVENANT (this "Covenant") is
entered into on this OP day of May, 2022, by AMH DEVELOPMENT LLC, a
Delaware limited liability company (hereinafter referred to as the "Property Owner"),
whose address is 23975 Park Sorrento, Suite 300, Calabasas, California 91302, for the
benefit of the City of Sanford, Florida, a Florida municipality, (hereinafter referred to as
the "City"), whose mailing address is 300 North Park Avenue, Sanford, Florida 32771.
WHEREAS, the Property Owner owns the following property which is located in
unincorporated Seminole County, Florida:
Lots1 to 8, CRIPPEN'S SUBDIVISION, as recorded at Plat Book 1, Page
90, of the Public Records of Seminole County, Florida.
and
WHEREAS, the Property Owner intends to annex the above -described property
into the City Limits of the City in accordance with the controlling provisions of State law;
and
WHEREAS, to address conditions of annexation desired by the City, the Property
Owner and the City have agreed that the terms and conditions of the Seminole County
Development Order Number 21-20000003, dated November 9, 2021, and pertaining to
File Number PZ2021-08 attached hereto as Exhibit A and incorporated herein by
reference (the "Seminole County Development Order"), shall continue in full force and
111)age
effect after annexation of the referenced property notwithstanding the provisions of the
City's Land Development Regulations, including, without limitation, the development of
the Property in accordance with the attached Site Plan attached hereto as Exhibit B
and incorporated herein by reference (the "Approved Site Plan"); and
WHEREAS, the Property Owner and City desire to enter this Covenant as an
inducement for the City and Property Owner to annex the referenced property and as it
grants future development approvals relating to the property subsequent to annexation.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, it is covenanted and agreed by the
Property Owner and the City as follows;
Section 1. Recitals. The above recitals are true and correct and are material
part of this Covenant upon which the City and the Property Owner has relied.
Section 2. Lands Subject To This Covenant.
(a). The Property Owner owns the following described real property located in
unincorporated Seminole County, Florida, and covenants and agrees that the covenants
and agreements set forth in this Covenant are perpetually applicable to the said
property unless released by the City by means of a document of equal dignity and
formality herewith:
Lots1 to 8, CRIPPEN'S SUBDIVISION, as recorded at Plat Book 1, Page
90, of the Public Records of Seminole County, Florida.
(b). The Property Owner covenants and agrees that it shall not develop the
said property in any manner inconsistent with the provisions of (i) the attached
Approved Site Plan and/or (ii) Seminole County Development Order unless the Property
Owner applies for the City to issue a development order to an amendatory or
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revisionary effect relating to the said property in accordance with the provisions of the
City's Land Development Regulations and Section 166.033, Florida Statutes. The rights
and benefits of the Seminole County Development Order to and for the benefit of the
Seminole County and the public shall henceforth, immediately upon annexation, be the
rights and benefits of the City.
(c). The City covenants and agrees that, as a material inducement to the
Property Owner agreeing to the annexation of the property described herein, the City
shall permit the Property Owner to develop the said property in a manner consistent
with, and the City shall not issue any subsequent development orders in contradiction
of, the provisions of (i) the attached Approved Site Plan and/or (ii) Seminole County
Development Order from and after the date of the subject property's annexation, unless
the Property Owner applies for the City to issue a development order to an amendatory
or revisionary effect relating to the said property in accordance with the provisions of the
City's Land Development Regulations and Section 166.033, Florida Statutes.
(d). This instrument is in the nature of a pre -annexation agreement or pre -
annexation development agreement (of a non -statutory nature) and, except as
otherwise expressly set forth herein, shall not create contractual rights of the Property
Owner against the City nor contractual obligations of the City to the Property Owner
and, to that end, the Property Owner shall have no contractual rights or remedies
against the City with regard to any land use actions of the City unless otherwise covered
by this Covenant. To that point, except as otherwise expressly set forth herein, the City
has not waived any rights or remedies by taken the action set forth herein or any
successive development orders and reserves any and all rights and remedies available
3 1 P a g e
to the City under controlling law including, but not limited to, the protections under the
laws pertaining to sovereign immunity.
Section 3. Burdens Run With The Land.
(a) The benefits and burdens set forth in this Covenant touch and concern the
property described herein and shall be a perpetual burden upon said lands and shall run
with the lands forever unless released in writing signed by the City and the Property
Owner. The burdens and benefits shall inure to the benefit and bind the heirs,
successors and assigns of the property.
(b) The City and the Property Owner is a perpetual beneficiary of the terms
and conditions of this Covenant.
Section 4. Termination. The Property Owner and the City agrees that this
Covenant shall only be terminated upon the filing of an agreement in the Official
Records of Seminole County, Florida executed by the City and the Property Owner, or
by virtue of any subsequent development order that may be issued by the City (but not
at any expense to the City) at the request of the Property Owner.
Section 5. Attorneys Fees. Should the City or the Property Owner be required
to enforce the terms and conditions of this Covenant through judicial action, the City or
the Property Owner shall be entitled to an award of its reasonable and actual attorneys
fees, whether pre-trial, at trial or on an appeal, as well as reasonable and actual
paralegal expenses, and any and all other fees and costs actually incurred.
Section 6. Integration Clause/Entire Covenant. No prior or present
agreements or representations shall be binding upon any of the parties hereto unless
incorporated into this Covenant. No modification or change in this Covenant shall be
4 1 P a g e
valid or binding upon the parties unless in writing, executed by the parties to be bound
thereby.
DATED this I day of May, 2022.
SIGNATURE BLOCKS FOLLOW:
5 1 P a g e
WI TNESMATTEST.•
Witnes's #.1'Sign6ture -,
Witness# 1 Printed Name: -
STATE OF FLORIDA )
COUNTY OF On th ,
COVENANT AND AGREE:
AMH DEVELOPMENT LLC, a
Delaware limited liability company
/_.--A;4
Geoffrey Reid
Vice President — Land Acquisition
I Hereby Certify that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared Geoffrey Reid, who
has acknowledged, under oath, executing the same in the presence of subscribing
witnesses freely and voluntarily and they are personally known to me or provided
as identification.
Witness my hand and official seal in the County and State last aforesaid this 2'�
day of May, 2022.
(Affix Notary Seal)
Notary Public; State of �-- �p1' �,j /
Print Name: -T()nLVa
ADDITIONAL SIGNATURE BLOCK FOLLOWS:
.��aJ;c� TONYAMANNING
Notary Public -State of Florida
of Commission B HH 018074
My Comm. Expires Jul 6, 2024
Bonded through National Notary Assn.
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APPROVAL BY THE CITY OF SANFORD
APPROVED BY the Cityaf Sanford, Florida this GI day of ��, 2022.
u t
ATTEST: `�`:.. V'` . CITY OF SANFORD
Traci Houchin, MMC, FC
City Clerk
Eileen Hinson AICP
;3
Director of Planning
Acting As Administrative Official
ah Shei enb rger
Clerk of Development Services
Department
EXHIBIT FOLLOWS:
71 Page
EXHIBIT A
Seminole County Development Order
[attached]
8 1 P a g e
FILE NO.: PZ2021-08
DEVELOPMENT ORDER # 21-20000003
SEMINOLE COUNTY DEVELOPMENT
ORDER
On November 9, 2021, Seminole County issued this Development Order relating
to and touching and concerning the following described property:
Lots 1 to 8, Crippens Subdivision, according to the Plat thereof, as recorded in
Plat Book 1, Page 90, of the Public Records of Seminole County, Florida.
(The above described legal description has been provided to Seminole County by the
owner of the above described property.)
FINDINGS OF FACT
Property Owner: Palmetto Avenue Baptist Church Inc.
Project Name: Palmetto Pointe Rezone
Requested Development Approval: Rezone from R-1A (Single Family Dwelling) to R-
1A (Single Family Dwelling), and approve the associated Development Olyder on
approximately 39.29 acres, located on the east side of Sipes Avenue, approximately'/
mile south of E. Lake Mary Boulevard.
The Development Approval sought is consistent with the Seminole I County
Comprehensive Plan and will be developed consistent with and in compliance to
applicable land development regulations and all other applicable regulations and
ordinances.
The development conditions and commitments stated below will run with, follow
and perpetually burden the above described property.
Prepared by: Joy Giles, Senior Planner
1101 East First Street
Sanford, Florida 32771
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2021162071 Bk:10121 Pg:123-125(3Pgs)
REC: 12/13/2021 3:13:00 PM by jeckenroth
RECORDING FEES $27.00
----------------------------------------------------------------------
Certified Copy - Grant Maloy ,„__,Y` Seminole County Clerk of the Circuit Court and Comptroller
Clerk of the Circuit Court an Comptroller eCertified at 12/14/2021 09:47:33 -05:00
Seminole County, Floridan );
eCertified Id: B2A9-05L1-C11 N
DEVELOPMENT ORDER # 21-20000003
Order
NOW, THEREFORE, IT IS ORDERED AND AGREED THAT:
(1) The subject application for development approval is GRANTED.
(2) All development must fully comply with all of the codes and ordinances in
effect in Seminole County at the time of issuance of permits including all impact fee
ordinances.
(3) The conditions upon this development approval and the commitments made
as to this development approval, are as follows:
A. Permitted Uses are detached single-family residential homes and their
customary accessory uses as defined in the Seminole County Land
Development Code.
B. Maximum Net Density: 2.95 DU/net buildable acre
C. Maximum Building Height: 35 feet (2 stories)
D. Minimum Lot Size: 75 feet x 120 feet / 9,000 sq ft
E. Minimum Width at Building Line: 75 feet
F. Minimum House Size: 1,800 square feet
G. Building setbacks will comply with the R-1A (Single Family gwelling)
zoning district.
H. A minimum of fifteen (15) percent open space will be provided in
accordance with the Seminole County Land Development Code.
I. The development will provide an 18,000 square foot Active Park as part of
the required open space calculation.
J. The developer will construct a masonry wall along the property frontage
on Sipes Avenue and an opaque fence along the remaining perimeter of
the project site to be located along the inside edge of perimeter buffer.
K. The developer shall provide a pedestrian circulation system within the
development. Sidewalks must comply with the Land Development Code of
Seminole County.
L. Access will be from Sipes Avenue. The Developer will be required to
improve Sipes Avenue to County standards; the details of the roadway
improvements will be determined during Preliminary and Final Engineering
Plans. The Developer will be responsible for the cost of all right-of-way
improvements.
M. The Developer must construct a sidewalk along Sipes Avenue from Pine
Way to E. Lake Mary Boulevard. The Developer will be responsible for
the cost of all right-of-way improvements.
N. The Developer must dedicate a minimum of twenty-five (25) feet of
additional right-of-way along the property's Sipes Avenue frontage to
accommodate the required sidewalk and drainage improvements. I
2
I I
- --------------------------------------------------------------------
Certified Copy - Grant Maio y o a,.�.., , Seminole County Clerk of the Circuit Court and Comptroller
Clerk of the Circuit Court an Comptroller
_ eCertified at 12/14/2021 09:47:33 -05:00
Seminole Comity, Florida
eCertified Id: B2A9-05L1 -C1 1 N
DEVELOPMENT ORDER # 21-20000003
O. All project signage must comply with the Land Development Code of
Seminole County.
P. Homeowner's Association or Property Owner's Association must be
created to manage all common areas and facilities.
(4) This Development Order touches and concerns the above described
property and the conditions, commitments and provisions of this Development Order will
perpetually burden, run with and follow this property and be a servitude upon and
binding upon this property unless released in whole or part by action of Seminole
County by virtue of a document of equal dignity with this Order.
(5) The terms and provisions of this Order are not severable and in the event
any portion of this Order is found to be invalid or illegal then the entire order will be null
• and void.
(6) All applicable state or federal permits must be obtained before
commencement of the development authorized by this Development Order.
(7) Issuance of this Development Order does not in any way create any rights
on the part of the Applicant or Property Owner to receive a permit from a state or federal
agency, and does not create any liability on the part of Seminole County for isshance of
the Development Order if the Applicant or Property Owner fails to obtain requisite
approvals or fulfill the obligations imposed by a state or federal agency or undertakes
actions that result in a violation of state or federal law.
(8) This Order becomes effective upon recording with the Seminole County
Clerk of the Court.
Done and Ordered on the date first written above.
SEMINOLE COUNTY BOARD
OF COUNTY COMMISSIONERS i
By: Cd!
r ' CIO VN, I �, I
fika&!0
1
Certified Copy - Grant Malloy Seminole County Clerk of the Circuit Court and Comptroller
Clerk of the Circuit Court 1n Comptroller ", �� `;
Seminole County, Florida = eCertified at 12/14/2021 09:47:33 -05:00
eCertified Id: B2A9-05L1 -C1 1 N
ti. nP
EXHIBIT B
Approved Site Plan
[attached)
9 1 P a g e
EXHIBIT "A"
LEGAL DESCRIPTION:
Lots 1 to 8, CRIPPENS SUBD,
according to the plat thereof as
recorded in Plat Book 1, Page 90,
of the public records of Seminole
County, Florida.
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A A i
PROPERTY I.D.# PROPERTY OWNER PROPERTY ADDRESS
16-20-31-502-0000-0010 AMH DEVELOPMENT, LLC 3981 SIPES AVE
11D
PROPERTY ZONING I ACRES
COUNTY I CITY
R-1 A I SR-1 A l 39.94
FILE NO.: PZ2021-08
DEVELOPMENT ORDER # 21-20000003
SEMINOLE COUNTY DEVELOPMENT
ORDER
On November 9, 2021, Seminole County issued this Development Order relating
to and touching and concerning the following described property:
Lots 1 to 8, Crippens Subdivision, according to the Plat thereof, as recorded in
Plat Book 1, Page 90, of the Public Records of Seminole County, Florida.
(The above described legal description has been provided to Seminole Countyby the
owner of the above described property.)
FINDINGS OF FACT
Property Owner: Palmetto Avenue Baptist Church Inc.
Project Name: Palmetto Pointe Rezone
Requested Development Approval: Rezone from R-1 A (Single Family Dwelling) to R-
1 A (Single Family Dwelling), and approve the associated Development Order on
approximately 39.29 acres, located on the east side of Sipes Avenue, approximately'/
mile south of E. Lake Mary Boulevard.
The Development Approval sought is consistent with the Seminole i County
Comprehensive Plan and will be developed consistent with and in compliance to
applicable land development regulations and all other applicable regulations and
ordinances.
The development conditions and commitments stated below will run with, follow
and perpetually burden the above described property.
Prepared by: Joy Giles, Senior Planner
1101 East First Street
Sanford, Florida 32771
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2021162071 Bk:10121 Pg:123-125(3Pgs)
REC: 12/13/2021 3:13:00 PM by jeckenroth
RECORDING FEES $27.00
----------------------------------------------------------------------
Certified Copy - Grant Maio y - Seminole County Clerk of the Circuit Court and Comptroller
Clerk of the Circuit Court in Comptroller ? eCertified at 12/14/2021 09:47:33 05:00
Seminole Count}, Florida
'' eCertified Id: B2A9-05L1-C11 N
DEVELOPMENT ORDER # 21-20000003
Order
NOW, THEREFORE, IT IS ORDERED AND AGREED THAT:
(1) The subject application for development approval is GRANTED.
(2) All development must fully comply with all of the codes and ordinances in
effect in Seminole County at the time of issuance of permits including all impact fee
ordinances.
(3) The conditions upon this development approval and the commitments made
as to this development approval, are as follows:
A. Permitted Uses are detached single-family residential homes and their
customary accessory uses as defined in the Seminole County Land
Development Code.
B. Maximum Net Density: 2.95 DU/net buildable acre
C. Maximum Building Height: 35 feet (2 stories)
D. Minimum Lot Size: 75 feet x 120 feet / 9,000 sq ft
E. Minimum Width at Building Line: 75 feet
F. Minimum House Size: 1,800 square feet
G. Building setbacks will comply with the R-1A (Single Family Dwelling)
zoning district.
H. A minimum of fifteen (15) percent open space will be provided in
accordance with the Seminole County Land Development Code.
I. The development will provide an 18,000 square foot Active Park as part of
the required open space calculation.
J. The developer will construct a masonry wall along the property frontage
on Sipes Avenue and an opaque fence along the remaining perimeter of
the project site to be located along the inside edge of perimeter buffer.
K. The developer shall provide a pedestrian circulation system within the
development. Sidewalks must comply with the Land Development iCode of
Seminole County.
L. Access will be from Sipes Avenue. The Developer will be required to
improve Sipes Avenue to County standards; the details of the roadway
improvements will be determined during Preliminary and Final Engineering
Plans. The Developer will be responsible for the cost of all right -of --way
improvements.
M. The Developer must construct a sidewalk along Sipes Avenue from Pine
Way to E. Lake Mary Boulevard. The Developer will be responsible for
the cost of all right-of-way improvements.
N. The Developer must dedicate a minimum of twenty-five (25) feet of
additional right-of-way along the property's Sipes Avenue frontage to
accommodate the required sidewalk and drainage improvements. I
2
I
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Certified Copy - Grant Maloy Seminole County Clerk of the Circuit Court and Comptroller
Clerk of the Circuit Court an Comptroller
Seminole Coma}, Florida !; eCertified at 12/14/2021 09:47:33 -05:00
eCertified Id: B2A9-05L1 -C1 1 N
DEVELOPMENT ORDER# 21-20000003
O. All project signage must comply with the Land Development Code of
Seminole County.
P. Homeowner's Association or Property Owner's Association must be
created to manage all common areas and facilities.
(4) This Development Order touches and concerns the above described
property and the conditions, commitments and provisions of this Development Order will
perpetually burden, run with and follow this property and be a servitude upon and
binding upon this property unless released in whole or part by action of Seminole
County by virtue of a document of equal dignity with this Order.
(5) The terms and provisions of this Order are not severable and in the event
any portion of this Order is found to be invalid or illegal then the entire order will be null
and void.
(6) All applicable state or federal permits must be obtained before
commencement of the development authorized by this Development Order.
(7) Issuance of this Development Order does not in any way create any rights
on the part of the Applicant or Property Owner to receive a permit from a state or federal
agency, and does not create any liability on the part of Seminole County for issuance of
the Development Order if the Applicant or Property Owner fails to obtain 'requisite
approvals or fulfill the obligations imposed by a state or federal agency or undertakes
actions that result in a violation of state or federal law.
(8) This Order becomes effective upon recording with the Seminoles County
Clerk of the Court.
Done and Ordered on the date first written above.
SEMINOLE COUNTY BOARD
OF COUNTY COMMISSIONERS l
By:
AeU�_ rifin 6, C fiifxrran
' �� t•.��� ..... "mil; � "
0
i
0
Certified Copy - Grant Maio Seminole County Clerk of the Circuit Court and Comptroller
Clerk of the Circuit Court an Comptroller eCertified at 12/14/2021 09:47:33 -05:00
Seminole County. Florida
�" '� eCertified Id: B2A9-05L1 -C1 1 N