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HomeMy WebLinkAbout3666 ORDINANCE NO. 3666 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO CHANGE THE ZONING OF 28.07+ ACRES OF PROPERTY LYING BETWEEN U.S. 17~92 AND NARCISSUS AVENUE AND BETWEEN POWER ROAD EXTENDED NORTHERLY AND RAND YARD ROAD EXTENDED NORTHERLY; FROM AG, AGRICULTURAL, AND MI-2, MEDIUM INDUSTRIAL, TO PD, PLANNED DEVELOPMENT; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: That Ordinance No. 3117 of the City of Sanford, Florida passed and adopted July 27, 1992, said Ordinance being the Comprehensive Zoning Ordinance of the City of Sanford, Florida, regulating and restricting the location and use of buildings, structures, land, and water for trade, industry, residence or other purpose, be and the same is hereby amended as follows: SEE EXHIBIT "A" ATTACHED HERETO. be and the same is hereby rezoned to PD, Planned Development zoning district and the Planned Development Master Plan is attached as Exhibit "B" is included herein by reference as if fully set forth herein. SECTION 2: The rezoning action herein is subject to the conditions provided for and agreed to in the Development Order #01-0027. SECTION 3: Severability. If any section or portion of a section of this Ordinance proves to be invalid, unlawful or unconstitutional it shall not be held to impair the validity, force or effect of any other section or part of a section of this Ordinance. SECTION 4: Conflicts. That all Ordihances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 5: Effective Date, That this Ordinance shall become effective immediately upon the execution and recording of the Development Order referenced above, provided that said Development Order is fully executed and delivered to the City Clerk for recording within ninety (90) days of the date of adoption of this ordinance, otherwise this ordinance shall be null and void and of no force and effect. PASSED AND ADOPTED this ,/~ day of r_~~.D., 2001. ATTEST: MA~R~~ ~ITY CLERK As the Gi~ Goremission of the City of 8artford, Florida CERTIFICATE I, Janet R. Doughe~y, City Clerk of the City of Sanford, Florida, do hereby ce~ify Z~~, 01, was p ted at t e front door of the City Hall in the City of Sanford, of Sanford, Florida "2'- Ordinance No. 3666 CERTIFICATE I, Janet R. Dou he , it Clerk of _~_City of Sanford, Florida, do hereby certify was re--by me within ninety (90) days of the date of adoption of this ordinance and said Deve opment Order was recorded by me on FC~L~ZT-.(v l ~ / ~ ,--2Off1' in O.R. Book ~24--~ , Page i1~/~ , Public Records of Seminole Co'~'unty, Florida, ' of Sanford, Florida I:~AH\FlLES~2001~Sanford\Ordinances',3666 pd rezone.wpd "3~- Ordinance No. 3666 Tax Parcel No. 19-30-22-5AD-0000-0080: Lot 8, THE FLORIDA LAND AND COLONIZATION COMPANY'S CELERY PLANTATION, Sanford, Florida, according to the plat thereof, as recorded in Plat Book I, Page 129, of the Public Records of Seminole County, Florida. Tax Parcel No. 19-30-22-5AD-0000-0090: Lot 9, THE FLORIDA LAND AND COLONIZATION COMPANY'S CELERY PLANTATION, according to the plat thereof, as recorded in Plat Book I, Page 129, of the Public Records of Seminole County, Florida. Tax Parcel No. 19-30-22-501-0000-0010: That portion of AMENDED PLAT OF RIBAUT FOREST according to the plat thereof as recorded in Plat Book 7, Page 1 I, of the Public Records of Seminole County, Florida being described as: Begin 1140 feet North of the Southeast comer of Section 22, Township 19 South, Range 30 East, Seminole County, Florida, run West 470 feet; thence South 465 feet; thence West 617.5 feet; thence North 660.0 feet; thence West 897.5 feet; thence North to Lake Mortroe; thence Easterly along the shore of Lake Monroe, to the East line of said Section 22; thence South to the POINT OF BEGgING. Less and except the right-of~way of State Road No. 3. ALSO less and except: The East 200 feet of the Noah 579.4 feet of the South 2249.5 feet thereof. AND ALSO less and except: Commence at a railroad spike marking the Southeast comer of the Southwest ~,4 of Section 227 Township 19 South, Range 30 East (said corner being 2640.25 feet S 89°50'02'' E of the Southwest comer of said Section 22); thence S 89°52'58'' E along the South line of the Southeast ¼ of said Section 22 a distance of 669.12 feet to its intersection with the Southerly extension of the West line of AMENDED PLAT OF RIBAUT FOREST, as recorded in Plat Book 7, Page 11, Public Records of Seminole County, Florida; thence N 00°07'25"W along said Southerly extension line 1334.98 feet to a 2-inch iron pipe marking the Westernmost Southwest comer of said plat for the POINT OF BEGINNING; thence continue N 00°07'25'' W along the West line of said plat 1248.39 feet; thence S 85°46'32"E 507.55 feet; thence S 00°22, 19" E 281.33 feet; thence S 82°33'15"E 130.25 feet; thence S09°27'48"E 95.04 feet; thence S06°56'09"W 828.68 feet to the South line of said plat; thence N 89°3T44'' \v along said South line 550 feet to the POINT OF BEG[NN[NG, all of the Public Records of Seminole County, Florida. AND ALSO less and except: Those lands lying North of the 10-year flood limit line. .. C C Tax Pare, el No. 19-30-22-300-0060-0000: Begin 675 feet North of Southeast comer; run North 465 fe~t, West 470 fe~t, South 465 feet, East 470 feet to POINT OF BEGINNING in Section 22-19-30 further described in Deed Book 72, Page 476 and Deed Book 19, Page 254, Seminole County, Florida, consisting of about 10 acres. Tax Parcel No. 19-30-22-5AD-0000-0100: Lot I0, THE FLORIDA LAND AND COLONIZATION COMPANY'S" CELERY PLANTATION, Plat Book I, Page 129, as described in Deed Book 72, Page 476, Seminole County, Fiorida, consisting of about 2 acres. C PD PD SR-1A ' · ~ / REZONE , / ' ,<., ,.',,//'/,/.. ...:.,... " " .?,,,,, ~,/.,~, L P D _j ,//, !,, >,,. <.,.. :.:' ,. ,., ,~.~/, ;/,..;,/;////,/;,. .:.. ,,,, :,,,/,~,..;.;..',~:. ",,,,~///,,,,. """~" .""/,/,~Y',,'." "~' . . ' '///"" "' ':".".~.'.'/::;,'i"~;<;///./'"' PD ;,~///;~,.., ,,.' .., , ~,~/~ . ',//,/, ,. .... ........',.,.. PD .. : ..... .,...... AG N(.)I~'I H Parcel IO: 22-19-3O-S00-O06O-OO0O 22-19-30-5AD-0000-0080 22-~9-S0-SAD-0000-0090-, 22-19-30-5AD-0000-0100 22 - 19-30-501-0000-0010 ~, SR 46 (w ~ ST ST) j Representative: Allan E. Keen ,, JIUsers/BalevicNIworkspaces/rezone12770 Ngrcissus-AdjUses fmllllllll!llllllllllllllllllllllllllllllllll BK O~3P'~' P(~ 1193 CLERKs S # 20028~'99:~'9 CITY OF SANFORD DEVELOPMESlialliI~flI/~00~ O~s57P9 P~ No. 01-0027 Rg0aDl~ Fff. lt On December 10, 2001, City of Sanford issued this Development Order relating to and touching and concerning the following described property: (Legal Description Attached) (The aforesaid legal description has been provided to the City of Sanford by the owner of the afore described property) FINDINGS OF FACT Property Owner: Annis and John F. Popp; William E. Kirchhoff; William E. Kirchhoff and Nixie IC Coleman, Trustee; Margaret 1L Sonnett Project Name/Address: Lake Monroe PD, Phase 2 - 2770 Narcissus Avenue Parcel Number(s): 22-19-30-5AD-0000-0080, 22-19-30-5AD-0000-0090, 22-19-30-501- 0000-0010, 22-19-30-5AD-0000-0100, 22-19-30-300-0060-0000 Requested Development Approval: Approval of the PD Rezone for Lake Monroe PD, Phase II The development approval sought is consistent with the City of Sanford Comprehensive Plan and will be developed consistent with and in compliance to applicable land development t,~ regulations and all other applicable regulations and ordinances. . .c9.. The owner of the property has expressly agreed to be botmd by and subject to ihe ' ~"~' development conditions and commitments stated below and has covenanted and agreed to have such conditions and commitments run with, follow and perpetually burden the afore described property. ORDER NOW, THEREFORE, it is ORDERED AND AGREED THAT: (1) The aforementioned application for development approval is GRANTED. (2) All development shall fully comply with all of the codes and ordinances in effect in the City of Sanford, Florida at the time of issuance of permits including all impact fee ordinances. (3) The conditions upon this development approval and the commitment made as to this development approval, all of which have been accepted by and agreed to by the owner of the property are as follows: Development Order No. 01-0027 - Lake Monroe PD, Phase 2 Page 1 of 3 FILE NUN 80088899a9 OR BOOK 043a8 PAGE 119/, (a) APPROVAL OF THE COMPREHENSIVE PLAN AMENDMENT IN ORDER FOR THE DEVELOPMENT TO BE CONSISTENT WITH THE LAND USE DESIGNATION. (b) COMPLIANCE WITH LAKE MONROE PD MASTER PLAN DATED JULY 26, 2001. (c) DEVELOPMENT WILL NOT EXCEED 109 SINGLE FAMILY RESIDENTIAL UNITS. (d) A PRELIMINARY SUBDIVISION PLAN AND SUBDIVISION IMPROVEMENT PLANS SHALL BE SUBMITTED AND APPROVED BY THE PLANS REVIEW COMMITTEE AND CONSTRUCTED AS APPROVED BY THE CITY PRIOR TO ANY UTILIZATION OF TtP;~ SITE. (e) ACCESS TO TIlE PROPOSED SUBDMSION SHALL BE THROUGH PHASE ONE ONLY. IT SHALL HAVE NO ACCESS TO NARCISSUS ROAD. ACCESS RIGHTS TO NARCISSUS ROAD SHALL BE DEDICATED TO TILE, CITY OF SANFORD. EXCEPT FOR EMERGENCY ACCESS WHICH SHALL BE PROVIDED, A BRICK WALL SHALL BE CONSTRUCTED ALONG NARCISSUS AVENGE. (f) LOTS ON THE EAST SHALL BE 60 FEET IN WIDTH. A BUFFER THAT GENERALLY PRESERVES NATURAL VEGETATION SHALL BE PROVIDED ON THE EAST SIDE PLUS AN OPAQUE FENCE. (4) This Development Order touches and concerns the afore described property and the conditions, commitments and provisions of this Development Order shall perpetually burden, run with and follow the said property and be a servitude upon and binding upon said property unless released in whole or part by action of the City of Sanford by virtue of a document of equal dignity h~rewith. The owner of the said property has expressly covertanted and agreed to this provision and all other terms and provisions of this Development Order. (5) The terms and provisions of this Order are not severahle and in the event any portion of this Order shall be found to be invalid or illegal then the entire order shall be null and void. Done and Ordered on the date first above. As approved and authorized for execution by the City Development Order No. 01-0027 - Lake Mortroe PD, Phase 2 Page 2 of 3 FILE NUN ~'00~B~99~.9 OR BOOK 04~e2 PACE 1195 OWNER'S CONSENT AND COVENANT CO1VLES NOW, William EEmi e Trust dated November 1(>, '19/2 described property in this Development Order, on behalf of itself and its heirs, successors, assigns or transferees of any nature whatsoever and consents to, agrees with and covenants to performs and fully abide by the provisions, terms, conditions and cormnitraents set forth in this Development Order. 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 acknowled~mncnts, personally appeared ~Jt who is personally known to mc~r-who ~ produced .~and who did take an oath. WITNESS my hand and official seal in the County and State last aforesaid thisC~_~r~c~ day ofCZ~C-,~ac~% ,~ODCt. Development Order No. 01-0027 - Lake Monroe PD, Phase 2 Page 3 of 3 FILE NUM 20028~9929 ,, OR BOOK 0432~ PAGE 1196 OWNER'S CONSENT AND COVENANT Nixie K. Coleman as Trustee of the COIV[ES NO~V, William Emil Kirchhoff, Jr. Revocable the owner(s) of the afore Trust dated November 16, 1972 described property in this Development Order, on behalf of itself and its heirs, successors, assigns or transferees of any nature whatsoever and consents to, agrees with and covenants to p~rforma and fully abide by the provisions, terms, conditions and commitments set forth in this Development Order. Witness STATE OF $ COUNTY OF Sr~.t~I ,F, e'to& \ C'LY~ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared k3i~ti~_ who is personally known to me or who has produced ~.~x identification and who did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this State aforementioned. Development Order No. 01-0027 - Lake Mortroe PD, Phase 2 Page 3 of 3 FILE NUM ~:OO1).82991).9 ,, OR BOOK O432~ PAGE 1197 OWNER'S CONSENT AND COVENANT COMES NOW, ri~q~(~__~ ~lg10f0~ theowner(s)oftheafore desc~bed prope~y in t~s Development Order, on behalf of itself ~d its heirs, successors, ~si~s or ~sferees of ~y na~e whatsoever ~d consents to, a~ees with ~d coven~ts to perfoma ~d ~lly abide by ~e provisions, terns, conditions ~d co~i~ents set fo~ in ~s Development Order. Wimess STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State' who is personally known to me or who has produced ._~ZIE/Y~ ~"~c~t~)~ as identification and who did take an oath. WITNESS my hand and official seal in the County State last aforesaid this~ ~J. day of // } the County Stapbl. t~ ublic, in and for the County and ANTHONETTE FONT! NOTARY PUBLIC OF NEW JERSEy My Commission Expires March 12, 2006 ~D # 2086466 Development Order No. 01-0027 - Lake Monroe PD, Phase 2 Page 3 of 3 FILE NUN ~0028299~9 OR BOOK 043~2 PAGE 1198 OWNER'S CONSENT AND COVENANT COMES NOW, CT~'/-//t~/ ~./~9~/Lg/Z9 the owner(s)ofthe afore described prope~ in ~is Development Order, on behalf of itself ~d its heirs, successors, ~si~s or ~usferees of ~y nat~e whatsoever ~d consents to, agees wi~ ud coven~m to peffoma ~d ~lly abide by ~e provisions, terns, conditions ~d co~i~ents set fo~h in ~is Development Order. ~ Wimess Owner Wimess STATE OF FLORIDA COUNTY OF SEMINOLE · . · in~oo;~ate who is personally known to me or who has produced as identification and who did take an oath. WITNESS my hand and official seal ~n the County and State last aforesaid this dayof ,,~'~- Not~, in and for the Count~ and State aforementioned. Development Order No. 01-0027 - Lake Monroe PD, Phase 2 Page 3 of 3 FILE NUN 2002829929 OR BOOK 04322 PAGE 1199 OWNER'S CONSENT AND COVENANT COMES NOW, /k 14 lq I ~ ell P P the owner(s) of the afore described property in this Development Order, on behalf of itself and its heirs, successors, assigns or transferees of any nature whatsoever and consents to, agrees with and covenants to performa and fully abide by the provisions, terms, conditions and commitments set forth in this Development Order. itness ~ Owner Witness 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 ac!mowledgments, personally appeared A rill ! s I0~ e who is personally known to me or who has produced as identification and who did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this I dayof C2~b,,~,~,4,) , ~.cn:~... Public, in and for the County and State aforementioned. Developmexlt Order No. 01 ~0027 - Lake Monroe PD, Phase 2 Page 3 of 3 FILE NUN · OR BOOK 0~32~ PAGE 1200 LEGAL DESCRIPTIONS Tax Parcel No. 19-30-22-5AD-0000-0080: Lot 8, THE FLORIDA LAND AND COLONIZATION COMPANY'S CELERY PLANTATION, Sanford, Florida, according to the plat thereof, as recorded in Plat Book 1, Page 129, of the Public Records of Seminole County, Florida. Tax Parcel No. 19-30-22-5AD-0000-0090: Lot 9, THE FLORIDA LAND AND COLONIZATION COMPANY'S CELERY PLANTATION, according to the plat thereof, as recorded in Plat Book 1, Page 129, of the Public Records of Seminole County, Florida. Tax Parcel No. 19-30-22-501-0000-0010: That portion of AMENDED PLAT OF RIBAUT FOREST according to the plat thereof as recorded in Plat Book 7, Page 11, of the Public Records of Seminole CounW, Florida being described as: Begin 1140 feet North of the Southeast corner of Section 22, Township 19 South, Range 30 East, Seminole County, Florida, run West 470 feet; thence South 465 feet; thence West 617.5 feet; thence North 660.0 feet; thence West 897.5 feet; thence North to Lake Monroe; thence Easterly along the shore of Lake Monroe, to the East line of said Section 22; thence South to the POYNT OF BEGINNING. Less and except the right-of-way of State Road No. 3. ALSO less and except: The East 200 feet of the North 579.4 feet of the South 2249.5 feet thereof. AND ALSO less and except: Commence at a railroad spike marking the Southeast comer of the Southwest ¼ of Section 22, Township 19 South, Range 30 East (said corner being 2640.25 feet S 89°5(!'02"E of the Southwest comer of said Section 22); thence S 89°52, 58" E along the South line of the Southeast ¼ of said Section 22 a distance of 669.12 feet to its intersection with the Southerly extension of the West line of AMENDED PLAT OF RIBAUT FOREST, as recorded in Plat Book 7, Page 1 I, Public Records of Seminole County, Florida; thence N 00°07'25"W along said Southerly extension line 1334.98 feet to a 2-inch iron pipe marking the Westernmost Southwest corner of said plat for the POINT OF BEGINNING; thence continue N 00007'25" W along the West line of said plat 1248.39 feet; thence S 85°46'32"E 507.55 feet; thence S 00022, 19" E 281.33 feet; thence S 82°33'15'E 130.25 feet; thence S09°27'48'E 95.04 feet; thence S06°56'09"W 828.68 feet to the South line of said plat; thence N 89037'44" W along said South line 550 feet to the POINT OF BEGINNING, all of the Public Records of Seminole County, Florida. AND ALSO less and except: Those lands lying North of the 10-year flood limit line. FILE NUIq P'OO2Ba9929 OR BOOK Ozm3aa PAO E 1201 Tax Parcel No, 19-30-22-300-0060-0000: Begin 675 feet North of Southeast comer; run North 465 feet, West 470 feet, South 465 feet, East 470 feet to POINT OF BEGINNING in Section 22-19-30 further described in Deed Book 72, Page 476 and Deed Book 19, Page 254, Seminole County, Florida, consisting of about 10 acres. Tax Parcel No. 19-30-22-5AD-0000-0100: Lot 10, THE FLORIDA LAND AND COLONIZATION COMPANY'S CELERY PLANTATION, Plat Book I, Page 129, as described in Deed Book 72, Page 476, Seminole County, Florida, consisting of about 2 acres. F:xProj200tx21121\PLANadmin\Prod\pp00t .doe Page 2 of 2