HomeMy WebLinkAbout3899ORDINANCE NO. 3899
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 4.12 ACRES OF PROPERTY
LYING BETWEEN SCHOOL STREET AND CHURCH
STREET AND BETWEEN N. WHITE CEDAR ROAD AND
MONROE ROAD, FROM AG, AGRICULTURE, TO PD,
PLANNED DEVELOPMENT; AND AMENDING ORDINANCE
3817 AND THE ASSOCIATED DEVELOPMENT ORDER TO
ADD SAID PARCELS TO THE PLANNED MASTER
DEVELOPMENT PLAN FOR THE COX LUMBER FACILITY;
PROVIDING FOR SEVERABIMTY, 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
LOT 44, W. BEARDALL'S MaP OF ST. JOSEPH'S, LESS THE E. 15.00 FT AND
THE S 15.00 FT THEREOF, AS RECORDED IN PB 1, PG 114 OF THE PUBLIC
RECORDS OF SEMINOLE COUNTY, FL, TOGETHER WITH THE W 345.00 FT
OF LOTS 35 AND 101, SAID W. BEARDALL'S MAP OF ST. JOSEPH'S, LESS THE
W 15.00 FT AND THE S 40.00 FT AND THE NE 1/4 OF LOT 34 S OF RY (LESS
E 50 FT OF W 65 FT OF N 290 FT) & THAT PT OF VACD ST ON E & SE 1/4 OF
LOT 34 & W % OF VACD ST ADJ ON E ST JOSEPH'S PB 1 PG 114 AND THE W
65 FT OF NE 1/4 OF LOT 34 (LESS W 15 FT + S 40 FT) ST JOSEPH'S PB 1 PG
114
be and the same is hereby rezoned to PD, Planned Development zoning district and the
Planned Development Master Plan is attached as Exhibit "A" is included herein by
reference as if fully set forth herein.
Section 2: Amending Ordinance 3817 and the associated Development Order to
add said parcels to the Planned Master Development Plan for the Cox Lumber Facility.
.~: The rezoning action herein is subject to the conditions provided for
and agreed to in the Development Order # 04-0036.
SECTION 4: Severabilitv. 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.
~ECTION 5: Conflicts. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby revoked.
SECTION 6: 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 11th day of October, A.D., 2004.
Ordinance No. 3899
Page 2
ATTEST:
Cynthia Porter, Deputy City Clerk
,.~City Commission of the City of
Brady Lessard, M~/or
I, Cynthia Porter, Deputy City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 3899 PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the 11th day of
October, 2004, was posted at the front door of the City Hall in the City of Sanford,
Florida, on the /2-.'~d'-ay of October, 2004.
As the Deputy City Clerk of the City
of Sanford, Florida
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
on th~-.-~/~--day of ~ ~.J.2_~, 2004, that the fully executed Development Order
was received by me within ninety (90) days of the date of adoption of this ordinance and
said Development Order was recorded by me on (~/~ ~)c:~~,-~ ,~004, in
O.R. Book ~-~_5-~ ~ , "'~/~)'~D~,(~
Page ~ , Public Records of Seminole County, Florida.
A~'the City Clerk of the(~.ity
of Sanford, Florida
Ordinance No. 3899
Page 3
50,00~
I IHI II III I1 III II III II III Il III It HI II 1 II III II III II III I IIII
CITY OF SANFORD DEVELOPMENT ORDER
No. 04-0036
On October I 1, 2004, City of Sanford issued this Development Order relating to and touching and
concerning the following described property:
LOT 44, W. BEARDALL'S MAP OF ST. JOSEPH'S, LESS THE E 15.00 FT AND THE S 15.00 FT THEREOF, AS
RECORDED IN PB I, PG 114 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FL, TOGETHER WITH THE
W 345.00 FT OF LOTS 35 AND 101, SAID W. BEARDALL'S MAP OF ST. JOSEPH'S, LESS THE W 15.00 FT AND
THE S 40.00 FT AND THE NE 1/4 OF LOT 34 S OF RY {LESS E 50 FT OF W 65 FT OF N 290 FT) & THAT PT OF
VACD ST ON E & SE 1/4 OF LOT 34 & W 1/2 OF VACD ST ADJ ON E ST JOSEPHS PB I PG 114 AND THE W 65
FT OF NE 1/4 OF LOT 34 (LESS W 15 FT + S 40 FT) ST JOSEPHS PB I PG 114.
(The aforesaid legal description has been provided to the City of Sanford by the owner of the afore described property)
FINDINGS OF FACT
Property Owners: Virginia Ave LLC, 3300 Fairfield Ave S, St Petersburg, Florida 33712
Tibbetts Land LLC, 3300 Fairfield Ave S, St Petersburg, Florida 33712
Cox Lumber Company, 3300 Fairfield Ave S, St Petersburg, Florida 33712
Project Name/Address: Cox Lumber Company (2m~ Expansion)
ParcelNumber(s): 16-19-30-5AC-0000-0340, 16-19-30-5AC-0000-034A,
16-19-30-5AC-0000-0440, 16-19-30-5AC-0000-044A,
16-19-30-5AC-0000-044B, 16-19-30-5AC-0000-0350
Requested Development Approval: Rezone to Planned Development
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.
ORDER
NOW, THEREFORE, it is ORDERED AND AGREED THAT:
(1) The atbrementioned 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 thc time of issuance of permits including all impact fee ordinances.
(3) Thc conditions upon this development approval and thc commitment made as to this
Development Order No. 044)036 - Cox Lumber Expansion (Bruce-Conant Properties) Page 1 of 3
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development approval, all of which have been accepted by and agreed to by the owner of the
property are as follows:
(a) All development on the expansion site shall be generally in accordance with the PD
Master Plan for Cox Lumber Co. - Bass Property dated as received July 29, 2004;
(b) Unless otherwise stipulated on the PD Master Plan, all land uses and activities on the
property shall be consistent with the MI-2, Medium Industrial zoning classification;
(c) Ail land uses and activities on the original Cox Lumber Co. site shall be consistent with
the MI-2, Medium Industrial zoning classification and those conditions approved in the
Pre-Annexation Agreement;
(d) Junkyards shall be prohibited on the entire site;
(e) All future development on any part of the Cox Lumber Facility (with the exclusion of
the conversion of the existing truss facility building into storage as approved in
Ordinance 3817), shall be required to meet all Fire and Life Safety Codes of the City of
Sanford;
(f) All development shall be designed in accordance with the City of Sanford's Land
Development Regulations including any subdivision of the property;
(g) A Unity of Title shall be provided for all subject parcels; and
(h) Access rights to School Street shall be dedicated to the City of Sanford. Should access
be provided to School Street, said access shall be restricted for emergency use only,
gated and locked with a Knox Box or equivalent access provided to the City by the
owner.
(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 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.
(5) 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
at their meeting of October 11, 2004.
By: .~)~ Date: ,'2..'21:>.~
Russ L. ~}ibson, AICP
Director of Planning and Development Services
Development Order No. 04-0036 - Cox l.umber Expansion (Bruce Conant Properties) Page 2 of 3
OWNER'S CONSENT AND COVENANT
COMES NOW,-
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.
Witness
Witness
Sign Nm Here
Own:r-
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day, before me, an officer duly 3uthorized ijp tjx_ State
anxLCounty afore, said~m take acknowledgments, personally appeared
~is personally kno~vn to~ who has produced as identification
and
WITNESS my hand anc~ official seal in the County and State last aforesaid:,,,t~~,~
day of /~"l'J~t.. ,'~.
Notary PulSe, in and for tl~_~'qurl~lt~[~
· ~. '.., .~.. ~
State aforement,oned.
OF
Development Order No. 04-0036 - Cox Lumber Expansion (Bruce-Conant Properties) Page 3 or'3
Seminole County
SITE
MARQNDAWY
Site
3940 Church Street
Parcel No: ! 6-19-30-5AC -0000-0340
16 19 30-5AC-0000 034A
Sem~no e County
IOWA AV
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