HomeMy WebLinkAbout3940ORDINANCE NO. 3940
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 27.38 ACRES OF
PROPERTY LYING BETWEEN NARCISSUS AVENUE AND
W. 1ST STREET AND BETWEEN RIVERVIEW AVENUE
AND RAND YARD ROAD, FROM 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 ATTACHED EXHIBIT "a"
be and the same is hereby rezoned to PD, Planned Development zoning distdct 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 #05-0001.
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: Conflict. 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 fome and effect.
this~--~
day of ~ , A.D., 2005.
PASSED
AND
ADOPTED
ATTEST:
J~net R. Dougherty, C(t~ Clerk
City Commission of the City of
Sanford, Florida
Linda Kuhn, Mayor
Ordinance No. 3940
Page 2
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. 3940, PASSED AND
by the City Commission of the City of Sanford, Florida, on the~//~day of
ADOPTED
(~ ,2005, was posted at the front door of the City Hall in the City of Sanford,
1
Florida, on the~'~d/ay of ~.~ ,2005.
As th~/City Clerk of the City//
of Sanford, Florida
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
on the~,'~day of ~'~ ,2005, 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 ~~,~ '7 ,2005, in
O.R. Book ~'-E~ , Page/~ ~,~ , Public Records of Seminole County, Florida,
lark of the (3~
of Sanford, Florida
Ordinance No. 3940
Page 3
EXHIBIT "A"
Legal Description: THAT PART OF LOT 47, THE FLORIDA LAND AND COLONIZATION COMPANY'S CELERY
PLANTATION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PB I PG 129 OF THE PUBLIC RECORDS
OF SEMINOLE COUNTY, FL, AND THAT PART OF SEC 26 TWP 19S RGE 30E, SEMINOLE COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS: COMMENCE AT THE WESTERNMOST CORNER OF SAiD LOT 47; THENCE RUN S
89°52'40" E ALONG THE N LINE OF SAID LOT 47 FOR A DISTANCE OF 58.49 FT TO THE POB, THENCE
CONTINUE S 89°52'40" E ALONG SAID N LINE FOR A DISTANCE OF 633.52 FT TO THE SE CORNER OF LOT 23
OF SAID THE FLORIDA LAND AND COLONIZATION COMPANY'S CELERY PLANTATION; THENCE CONTINUE
S 89052'40TM E FOR A DISTANCE OF 175.50 FT TO THE E LINE OF SAID LOT 47~ THENCE RUN S 00°22'29" E
ALONG SAID E LINE FOR A DISTANCE OF 244.15 FT TO THE SW CORNER OF LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 3500, PAGE 494, OF SAID PUBLIC RECORDS; THENCE RUN S 89052'40'' E ALONG THE S LINE
OF SAID LANDS FOR A DISTANCE OF 329.45 FT TO THE SE CORNER OF SAID LANDS AND THE W R-O~W LINE
OF RIVERVIEW AVE (30 FT R-O~W); THENCE RUN S O0°00'00' W ALONG SAID W R-O-W LINE FOR A DISTANCE
OF 120 FT; THENCE RUN N 89°52'40" W ALONG A LINE PARALLEL TO AND 120 FT S OF THE S LINE OF SAID
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3500, PAGE 494, FOR A DISTANCE OF 653.34 FT; THENCE
RUN N 53o07'! 2" W ALONG A LINE PARALLEL TO AND 35 FT NELY OF THE NELY R-O-W LINE OF THE CSX
RAILROAD FOR A DISTANCE OF 608.49 FT TO THE POB. CONTAINING 5.645 ACRES MORE OR LESS AND
BEING SUBJECT TO ANY R-O-W, RESTRICTIONS AND EASEMENTS OF RECORD AND (OFFICIAL RECORDS
BOOK 3243, PAGE 957) LOTS 23, 24, 25 AND 26 (LESS THE N 132 FT OF LOT 24 AND THE N 132 FT OF THE W 56
FT OF LOT 23), PLAT OF THE FLORIDA LAND AND COLONIZATION COMPANY'S CELERY PLANTATION,
ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND
FOR SEMINOLE COUNTY, FLORIDA, RECORDED IN PB 1, PG 129, SAID LANDS SITUATE, LYING AND BEING IN
SEMINOLE COUNTY, FLORIDA, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
The property being more generally described as 2701 Narcissus Avenue.
RIVERVIEW AVE (30'R/W)
Illlllllllllll Bill Illlll I Illllll
CLERK' S # 2OO5152663
CITY OF SAn~FORD DEVELOPMEN~08/07/20~ 01~40151 [~
On June 27, 2005 , City of Sanford issued this Development Order relating to and touching
and concerning the following described property:
THAT PART OF LOT 47, THE FLORIDA LAND AN D COLONIZATION COMPANY'S CELERY PLANTATION, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PB I PG 129 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FL, AND THAT PART OF SEC 26 TWP 19S RGE 30E,
SEMINOLE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE WESTERNMOST CORNER OF SAID LOT 47; THENCE RUN
S 89'S2'40" E ALONG THE N LIN E OF SAID LOT 47 FOR A DISTANCE OF 58.49 FT TO THE POB~ THENCE CONTINUE S 89'52'40" E ALONG SAID
N LINE FOR A DISTANCE OF 633.$2 FI' TO THE SE CORNER OF LOT 23 OF SAID THE FLORIDA LAND AND COLONIZATION COMPANY'S
CELERY PLANTATION; THENCE CONTINUE S 89°52'40'' E FOR A DISTANCE OF 175.S0 FT TO THE E LINE OF SAID LOT 47; THENCE RUN S
00°22'29'' E ALONG SAID E LINE FOR A DISTANCE OF 244.1S [~r TO THE SW CORNER OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK
3500, PAGE 494~ OF SAID PUBLIC RECORDS; THENCE RUN S 89 'S2'40'' E ALONG THE S LINE OF SAID LANDS FOR A DISTANCE OF 329.45 FT
TO THE SE CORNER OF SAID LANDS AND THE W R-O-W LINE OF RIVERVIEW AVE (30 FT R-O-W); THENCE RUN S 00'00~00'' W ALONG SAID
W R-O-W LINE FOR A DISTANCE OF 120 leT; THENCE RUN N 89'52'40" W ALONG A LINE PARALLEL TO AND 120 I~f S OF THE S LINE OF SAID
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3500, PAGE 494, FOR A DISTANCE OF 6S3.34 F~; THENCE RUN N 53 '07'12*' W ALONG A LIN E
PARALLEL TO AND 35 FT NELY OF THE N ELY R-O-W LINE OF THE CSX RAILROAD FOR A DISTANCE OF 608.49 FT TO THE POB. CONTAINING
5.645 ACRES MORE OR LESS AN D BE I NG SUBJECT 'FO ANY R-O~W, RESTRICTIONS AND EASEMENTS OF RECORD AND (OFFICIAL RECORDS
BOOK 3243~ PAGE 957) LOTS 23, 24, 25 AND 26 (LESS THE N 132 F3F OF LOT 24 AND THE N 132 let OF THE W 56 I~F OF LOT 23), PLAT OF THE
FLORIDA LAND AND COLONIZATION COMPANY,S CELERY PLANTATION, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE
OF THE CLERK OF THE CIRCUIT COURT IN AND FOR SEMINOLE COUNTY, FLORIDA, RECORDED IN PB 1, PG 129, SAID LANDS SITUATE,
LYING AND BEING IN SEMINOLE COUNTY, FLORIDA, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
(The aforesaid ]egal description has been provided to the City of Sanford by the owner of the afore described property)
FINDINGS OF FACT
Property Owners: Charles and Linda Sutton Bonner Consulting, LLC
175 Buckskin Lane 2502 W. 1st Street
Osteen, FL 32764 Sanford, FL 32789
Project Name/Address: Keewin Narcissus Townhomes - 2701 Naricussus Road
Tax Parcel Number(s): 22-19-30-5AD-0000-0230, 26-19-30-300-0090-0000, 26-19-30-300-008A-0000,
22-19-30-5AD-0000-0470, 22-19-30-5AD-0000-0230
Requested Development Approval: Planned Development Rezone for 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.
ORDER
NOW, THEREFORE, it is ORDERED AND AGREED THAT:
(1)
(2)
(3)
The aforementioned application for development approval is GRANTED.
All development shall fully comply with all of the codes and ordinances in effect in the
City of Sanford, Flor/da at the time of issuance of permits including all impact fee
ordinances.
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) Sub. division Plans for the subject parcels of property shall be submitted,
rewewed, approved and recorded in accordance with the procedures and
policies of the Land Development Regulations ([,DR) and Comprehensive
Plan including the design for all required off-site improvements;
(b) The project shall be required to satisfy all Seminole County requirements as
they pertain to acquisition of required right of way and construction of a
turn lane on Riverview Avenue prior to any construction on site;
(c) Each residential unit shall have a minimum of 1,400 square feet of heated
living area;
(d) mlmmum one (1) year lease agreement shall be required if the units are to
be rented;
(e) Architectural / Dimensional shingles shall be required on ali buildings
(roofs);
(f) There shall be no building permits issued for vertical construction neither
(residences nor community amenities) until all site improvements
considered to be life safety improvements are completed and all water lines
are approved by the Department of Environmental Protection;
(g) The Homeowners Association shall be required to maintain the wall
surrounding the subdivision and any outside areas between the wall and
adjacent property lines and rights of way;
(h) More restrictive storm water design standards may be required by staff if
deemed necessary due to on site or off site conditions;
(i) The Developer shall include water and sewer stub outs and a fire plug at the
entrance on Riverview Avenue and at the emergency break away entrance
on Narcissus Avenue;
(j) The emergency break away entrance shall be relocated to the west to line up
with the other break away entrance of the neighboring subdivision;
(k) A brick wall shall be required along Narcissus Avenue;
(1) Landscaping shall be placed on the east side of Riverview Avenue across
from the entrance to block the headlights from shining into the existing
residences; and
(m) Each residential unit shall have and maintain at least a one (1) car garage in
accordance with Sanford's townhouse standards.
Development Order No. 05~0001 - Keewin - 2701 Narcissus Avenue
Page 2 of~l~
(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 June 27 ,2005.
By: ~.~~D/~ Date: ~.~. ~
Russ L. Gibson, AICP
Director of Planning and Development Services
STATE OF FLORIDA
COUNTY OF SEM1NOLE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State__and
Count7 aforesaid to take acknowledgments, personally appeared [~ ~ ~ ~r~ h~
personally known to ~ who has produced - ' as identification and who did
"lake an oam.
Development Order No. 05-0001 - Keewin - 2701 Narcissus Avenue
Page 3 of 6
OWNER'S CONSENT AND COVENANT . .~
COMESNOW,. C~'A~--I~5 ~. ~'('~¢,j theowner(s)offliq, afore
described property in this Development Order, on behalf of itself and its hefts, successors, aSsigns or
transferees of any nature whatsoever and consents to, agrees with and covenants to peffom and fully
abide by the provisions, terms, conditions and commitments set forth in th/s Development Order.
Witness
Witness
STAT~ OF FLORIDA
Owiler
COUNTY OF SEMINOLE
· I HEREBY CERTIFy that on this day, before me, an o duly. auth 'ze in the State and
~ or who has produced. ~to 11,,~-~9~ ~-10 P.~%~'asidentifi;~, who did
Commmllsiofl # DD120686 ~
Bonded By National NotaryA~a. [
tary Public, in ~d for the ~ounty and
State aforementioned'
F:~ll~O~De~Im~lt Rev~ew~OB-Deve]opn~m~ O1~m1~200~05-0001. ~ Townlgml~-2701 Nsll~imlss Av~,wpd
Development Order No. 05-0001 - Keewin - 2701 Narcissus Avenue
Page 4 of ~
OWNER'S CONSENT AND COVENANT
CO/VI~SNOW, t_~t~Y>A ~)- S~ ~eo~(s)of~afo~
des~bed prop~ ~ ~s Dev~lopm~t ~d~, on be~lf ofi~elf ~d i~ heks~ successorS, assi~s or
~f~ees of~y na~e wM~oe~ ~d co~ to, a~s ~ ~d coven~ ~ p~o~ ~d ~ly
abide by ~e pro~sions, ~, con~ons ~d co~M set fo~ ~ ~s Developm~t ~.
Witness
Witness
fiTATEOFFLORIDA
Owner
COUNTYoFs~MINOLE
· I .I-~1~..By C~/~TIFY t~.t on this day, before me, an officer duly authorized in the
County aforesaid to take acknowled~nent~ ....... ,- ~ - . State and
· ~------, p~ ~onally appeareau.~i! Cl(4, ·
pers°nally known to me or who has nroa.,.~a r-, tx_ t - . '[."}'~M whols
take an oath. ~ ..... ,~r-t- ~w.u~t;~_~'~ t.~ ~l~S~l~s ~dentification and who did
· WITNESS my hand and official seal in the County and State last aforesaid this ~(~' day of
N~ta~ l~blic, ~n/and for the~ounty and
State aforementiSned.
F:"-~IA_ENO',D evelolm~at Review'OS.Dev~lopmmt ~00,.,^. ,
Development Order No. 05-0001 - Keewin - 2701 Narcissus Avenue
Page~of ~
OWNER'S CONSENT AND COVENAN
COMSSNOW, ~., ~. ~,v~er- meown~rs)oftl~afore
described property in this Development Order, behalf of itself and its heirsl ~" : .
Oll suocessors,~lisslglls or
tr~fere~s o~any mute wha~oever a~a Com.nt~ to, asree~ w~th ~.d *ov~nant~ ~) p~orma ~.d ~y
abide by the provisions, terms, cond/tio~S and oommitmcnt~ set forth in this Development Order.
Witness
Witness
STATE OF FLORIDA
COUNTY OF S~OL~
· I I-Zl~,F~y CERTIFY that on this day, before me, an offi er duly authorized in the State and
CoUnty aforesaid to take acknowledgments, personal a eare
perso-_q__.nallylmown to me or wllo has .,.o.~ .... ty PP d~-~ofa ~l~t~9~ whn~o
tak~ an oath. i., uu~c~__ ta-4~4 ' as'identificatiOn - ~ ';'% -
-- - un allo WrlO dill
~~_~.hand and official seal/n the CotmtYand State last aforesaid this o'~ day of
Notary Public, in and for the County and
Development Order No. 05-0001 '
-Keewm - 2701 Narcissus Avenue
LAKE MONROE
Seminole
County AG
Seminole County
MR-3
MR-1
Wayne
Densch
Seminoh
W 1ST ST
Power
Light
GC-2
MI-2
RI-1
Site
2701 Narcissus Avenue '
Parcel No: 26-1,9-30-300-008A-0000
26-19-30-300-0090-0000
22-19-30-5AD-0000-0230
22-19-30-5AD-0000.0470
MI-2
Seminole
County
o
z
o
z
RIVERVIEW AVE, (30'R/W)
I
iii