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HomeMy WebLinkAbout3764ORDINANCE NO. 3764 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 57.3 + ACRES OF PROPERTY LYING BETWEEN CENTRAL FLORIDA GREENEWAY AND HUGHEY STREET EXTENDED EASTERLY AND WESTERLY AND BETWEEN VIHLEN ROAD EXTENDED NORTHERLY AND SOUTHERLY AND THE CENTRAL FLORIDA GREENEWAY; FROM AG, AGRICULTURE AND SR-1A, SINGLE FAMILY RESIDENTIAL, 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 #02-0049. SECTION 3: Severabilit¥. 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 ordinances 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 ( ATTEST: CLERK {-/// MAY )R ~¢z//2¢_-.~/.-, A.D., 2003. mission of the City of Sanford, Florida 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. 3764, PASS, E.,D AND /~,I~)OPTED by the City Commission of the City of Sanford, Florida, on the/-~:ZEday of L_j~/,/~ , ..2,qO3, was p~osted at the front door of the City Hall in the City of Sanford, ~,orida, onl~e/__~_ day of ~4AFA~ 2003~.~. ,/,, ~{~/~/~ ~s the City Clerk of th~'City of Sanford, Florida Ordinance No. 3764 CERTIFICATE IA Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify on the ~.¢-~ day of ~'~ ~ l~.~ ~' ~ 12003, that the fully executed Development Order was reCeived by me within ninety ({~0) days of the date of adoption of this ordinance and said Development Order was recorded by me on /~PJ~(~ I '~ ,20031 in O.R. Book 0~'~'0 , Page ~/-~¢-- , Public Records of Seminole County, Florida,- I~e City Clerk of tl'~City ~' of Sanfordl Florida h\Sharon~2002\Sanford\Ordinances~3764- revised.pd rezone.wpd Ordinance No. 3764 × i / Kay's Landing Conceptual planning . / v St~2Z i/ /' :/ i iii .Kay's Landing PUD ~ DONALD W MclNTO~-I ASSOC,ATCS, 'NC, Z c.Kay's Landing PUD . I~-~----~! ~;O~A~ W. Uo,NTOSH ^ssoc,^,~s ,Nc ~ Master Plan .~ .'.~ ~,~ I ~:','" J ~" I ::,:, I :~ J~,, !:_ ! I PD Rezone (Al, SR-IA to PD) 800 VihJen Road Parcel ID: 26-19-30-5AE-2400-0000 26-19-30 5AE 4000 0000 34-19-30- 5AK-0B00-0370 34-19-30 5AK-OBO0-0490 34- I 9-30-SAK-0BO0~0560 Seminole County--~ .- CITY OF SANFORD DEVELOPMENT ORDER No. 02-0049 IIIII II Iii # Illll III II Iii Ii IE II B Il III fl III II III II III IIIII 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. Page 1 of,~'~" Development Order No. 02-0049 - Kay's Landing On ,'~ I '~: 2.00 ~ , City of Sanford issued this Development Order relating to and touching and conceming the following described property: (Legal Description Attached) (The aforesaid legal description has be~n provided to the City of Sanford by the owner of the afore described property) FINDINGS OF FACT Property Owner: Alan D. Shoemaker, Trustee & Tammy S. Hanes & Elizabeth S. Corso PO Box 1885, Sanford, Florida 32772 Project Name/Address: Kay's Landing - 800 Vihlen Road Parcel Number(s): 34-19-30-5AK-0B00-0490 (lesss lot 53), 34-19-30-SAK-0B00-0370 34-19-30-5AK-0B00-0560, 26-19-30-5AE-2400-0000 & 26-19-30-5AE-4000-000 Requested Development Approval: Rezone property to Planned Development for Single Family Residential Uses 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 regulations and all other applicable regulations and ordinances. The owner of the property has expressly agreed to be bound by and subject to the 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. (3) (4) (5) FILE NUM 2003057472 OR BOOK 04770 PAGE 0453 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: (a) (b) (c) (d) (e) The site shall be developed generally in accordance with the Kay's Landing Planned Development Master Plan dated October 8, 2002; A Preliminary Subdivision Plan and Subdivision Improvement Plan shall be submitted with the site constructed and approved by the City prior to any utilization of the site; A Type One, masonry wall in accordance with Schedule J, Land Development Regulations shall be installed along the proposed 60 foot drainage tract abutting all existing single family residential parcels of record; Any development on land considered environmentally sensitive or wetlands shall be mitigated as required by state and local jurisdictional requirements; A Final Plat is to be reviewed, approved and recorded prior to issuance of any certificates of occupancy. 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 herewith. The owner of the said property has expressly covenanted and agreed to this provision and all other terms and provisions of this Development Order. The terms and provisions of this Order are not severable 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 Commission Ja._~R./~arder, AICP ~ tor of Planning and Community Developmeht Development Order No. 02-0049 - Kay's Landing Page 2 of~S ~' OWNER'S CONSENT AND COVENANT COMES NOW, Elizabeth S. Corso, Tammy S. Hanes and Alan Dean Shoemaker, as Trustee, the owners 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 perform and fully abide by the provisions, terms, conditions and commitments set forth in this Development Order. Print Nan~ Here Witness £iga Nacre H~.re Witness Elizabeth S. Corso Owner 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 Elizabeth S. Como who is .Eersonally 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 ~ - day o~t~e~~, 2003. %~)~'~9 ~' d fo the County and~ Notary Public, in an ~.~,,~.~,~ State aforementioned. Development Order No. 024)049 - Kay's Landing Witness 1 FILE NUM 2003057472 O.x~Q BOOK~y~04770 PAGE 0455 Tammy S. Hanes 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 acknowledgments, personally appeared Tammv S. Hanes who is p~rso~nallv known Lo 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 ,-~', day of ~/~,/,.-~.~,., ,2003. Notary Public, in ~tnd'for~he County and State aforementioned. Development Order No. 02-0049 - Kay's Landing FILE NUM 2003057472 OR BOOK 04770 PAGE 0456 Witness Witness Alan Dean Shoemaker Trust dated June 12, 2000 Alan Dean Shoemaker, as Trustee Owner 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 Alan Dean Shoemaker, as Trustee ofthe Alan D?/n Shoemaker Tmst dated June 12,2000 whoispersonallyknowntome~._orwho has produced ~//~ as identification and who did take an' bath. ' /'")//WITNESS my hand and official seal in the County and State last aforesaid this oZ! .~c day ot~ ,2003. Notary Public, in ~tnd fmkthe County and State aforementioned. Development Order No. 02-0049 - Kay's Landing FILE NUM 2003057472 OR BOOK 04770 PAGE 0457 Legal Description: PARCEL l: The S ½ of Blocks 24, 25, 40, & 41 (Less the E 625 fi thereof), M. M. SMITH'S SUBDIVISION, according to the plat thereof, as recorded in PB 1, PG 55, of the Public Records of Seminole County, Florida and PARCEL 2: Lot 37 (LESS the E 625 ft of the N 215 ft AND ALSO LESS the E 60 ft lying S of the N 215 ft), Lot 38 (LESS the E 60 ft), Lots 39, and 40 (LESS the E 60 ft AND ALSO LESS that part in 4TH RAVENNA PARK SECTION OF LOCH ARBOR, according to the plat thereof, as recorded in PB 14, PG 66, of the Public Records of Seminole County, Florida), Lot 46 (LESS that part lying in said 4TH RAVENNA PARK SECTION OF LOCH ARBOR AND ALSO LESS that part lying in 3RD RAVENNA PARK SECTION OF LOCH ARBOR, according to the plat thereof, as recorded in PB 14, PG 22, of the Public Records of Seminole County, Florida), all Lots 47, 48, 49 and 50, Lot 51 (LESS that part lying in said 3RD RAVENNA PARK SECTION OF LOCH ARBOR, AND ALSO LESS R-O-W for Vihlen Rd), Lot 54 (LESS R-O-W for Vihlen Rd), all of Lots 55, 56, and Lot 57 (LESS R-O-W for Vihlen Rd) all in Block B, M. M. SMITH'S SECOND SUBDIVISION, according to the plat thereof, as recorded in PB 1, PG 101, of the Public Records of Seminole County, Florida and PARCEL 3: The N 1/2 of vacated West 20th St adjacent to the S line of Lot 40, Block B, and the vacated un-named R-O-W lying adjacent to and in between the W Line of Lot 46 and the E line of Lot 5 I, Block B, M. M. SMITH'S SECOND SUBDIVISION, according to the plat thereof, as recorded in PB 1, PG 101, of the Public Records of Seminole County, Florida. (LESS that part lying in 4TH RAVENNA PARK SECTION OF LOCH ARBOR, according to the plat thereof, as recorded in PB 14, PG 66, of the Public Records of Seminole County, Florida.) LESS PARCEL 4: That portion as described in the Resolution of Taking No. 98-R-77, by The Board of County Commissioners of Seminole County, Florida, as recorded in Official Records Book 3413, Page 625, of the Public Records of Seminole County, Florida and ALSO LESS PARCEL 5: That portion as described in the "Order of Taking" recorded in Official Records Book 3667, Page(s) 1946 through 1963 and the related "Final Judgment" recorded in Official Records Book 4085, Page(s) 1950 through 1963, of the Public Records of Seminole County, Florida, in favor of the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and SEMINOLE COUNTY. Being subject to any rights-of-way, restrictions and easements of record.