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Home My WebLink About3961 ORDINANCE NO. 3961 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NUMBER 3518 RELATING TO THE REGENCY OAKS PLANNED DEVELOPMENT ("PD"); ADDING ADDITIONAL REAL PROPERTY TO THE PD; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR THE REZONING OF REAL PROPERTY AND THE TAKING OF IMPLEMENTING ADMINISTRATIVE ACTIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR NON- CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 22, 1999 the City Commission enacted Ordinance Number 3518 which approved the rezoning of certain real property, totaling approximately 26.7 acres in size, to the Planned Development ("PD") zoning classification and approved the PD Master Plan for the Regency Oaks project which provided for the development of 254 townhomes; and WHEREAS, the owners of certain properties, totaling approximately 9.6 acres in size, through authorized agents, have applied to the City of Sanford, pursuant to the controlling provisions of State law and the Code of Ordinances of the City of Sanford, for their properties to be added to the Regency Oaks PD which properties would become Phases 2 and 3 of the project; and WHEREAS, Phase 1 of the project is currently being developed by Pulte Home Corporation; and WHEREAS, the additional land would result in the development of an additional 98 townhomes for a total of 352 townhomes in all phases of the PD; and WHEREAS, the applicant has also submitted a revised PD Master Plan for the Regency Oaks project; and WHEREAS, the City staff and the City's Planning and Zoning Commission have reviewed and subsequently recommended approval of the additional lands being rezoned PD and the revised PD Master Plan for the Regency Oaks project subject to certain conditions; and WHEREAS, the City Commission has determined that the property which is proposed to be incorporated into the Regency Oaks PD as well as the Regency Oaks PD as a whole is consistent with the Comprehensive Plan of the City of Sanford, the land development regulations of the City of Sanford and the controlling provisions of State law; 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. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Sanford, Florida, as follows: SECTION 1. LEGISLATIVE FINDINGS AND INTENT. (a) The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the City staff report relating to the application relating to the proposal to amend PD Master Plan for the Regency Oaks project and for the rezoning of the subject property. (b) The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. (c) This Ordinance is consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford. (d) The Regency Oaks PD, as amended, shall comply with the revised PD Master Plan for the Regency Oaks project as dated as received by the City of Sanford on August 5, 2005 and the design and construction of buildings shall be consistent with the architectural elevations that have been presented to the City and approved by the City during the course of the subject rezoning process. (e) The Regency Oaks PD, as amended, will not adversely affect the orderly development of the City of Sanford. (f) The Regency Oaks PD, as amended, will not adversely affect the health and safety of the residents or workers in the area proximate to the property described in this Ordinance and will not be detrimental to the use of adjacent properties or the general area within which the PD is located. SECTION 2. REZONING ADMINISTRATIVE ~ OF REAL PROPERTY/IMPLEMENTING (a) Upon enactment of this Ordinance, and the implementing actions relating to the amendment the PD as set forth herein, the following property shall be rezoned to PD and the application to rezone the subject property as aforesaid is hereby adopted and approved by the City Commission of the City of Sanford and the actions taken and authorized herein shall constitute land development regulations for the specific PD zoning district: LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A". (b) The City Manager, or designee, is hereby authorized to execute the documents necessary to formalize approval of the rezoning action taken herein and the revision of the PD Master P~an for the Regency Oaks PD project with a~ appropriate signatures and joinders being acquired from the property owners and those holding interests in the subject property. (c) The amended PD agreement relating to the Regency Oaks PD project shall be recorded in the Official Records of Seminole County, Florida (Land Records) by the City Clerk. SECTION 3. CONFLICTS. All ordinances or part of ordinances ~n conflict with this Ordinance are hereby repealed SECTION 4. 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 determined to be invalid, unlawful, or unconstitutional. SECTION 5. NON-CODIFICATION. This Ordinance shall be not be codified in the City Code of the City of Sanford or the Land Development Code of the City of Sanford; provided, however, that the actions taken herein shall be depicted on the zoning maps of the City of Sanford by the City Manager, or designee. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED and ADOPTED this ,/~Z~day of November, 2005. A TTES T: GHERTY,~ITY CL~RK CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA '-~_ _ _%%~___ ~---~-_./% LINDA KJJHN, MAYOR 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 N ADOPTED by the City Commission of th-- '"" ..... ~_(~- ~.¢_~, PAS.¢I~D AND ~ t.,~ty or banrord, Plot da, on the / da of ?,ov~,rnber, .,2005,;ewes posted at the front door of the Cit Hall in · ~..,. y morlcla, on tne Z(~. P. TJ¢ day of November, 2005. Y the City of S,=.ford, As the City Clerk of the City of Sanford, Florida ,,Exhibit "A" LEGAL DESCRIPTION: Phase 1, PARCEL 1: The W 3/4 of the S 1/2 of the SE 1/4 of the SW 1/4 of SEC 28, TWP 19S, RGE 30E, and the W 3/4 of the N 1/2 of the NE 1/4 of the 1/4 of SEC 33, TWP 19S, RGE 30E, less Sly 30 fi for road, and less the E 100.00 fi of the W 1/2 ~nL z. ~ne ~ ov.oO 1~ ottl~e E 1/2 of the NE 1/4 of the NE 1/4 oftha NW 1/4 of SEC 33, TWP 19S, RGE 30E, Seminole County, FL, less the E 25.00 fi for Upsala Road. Said parcel contains 19,792 square feet LESS; The S 335.69 fi of the N 395.69 ft of the E 100.00 f~ of the W 3/4 of the NE I/4 of the NW 1/4 of SEC 33, TWP 19S, RGE 30E, Seminole County, FL; Less R-O-W for SR 417 TOGETHER WITH: Phase 2, PARCEL 1; The S 335.69 fi of the N 395.69 fl of the E 100.00 fi of the W 3/4 of the NE 1/4 of the NW 1/4 of SEC 33, TWP 19S, RGE 30E, Seminole County, FL. TOGETHER WITH; PARCEL 2: The S 245.00 fi of the N 3 acres of the E 1/2 of the NE 1/4 of the NE 1/4 of the NW I/4 of SEC 33, TWP 19S, RGE 30E, Seminole County, FL, less the N 95.00 fi thereof and less the E 50.00 fi for road and utilities. TOGETHER WITH: PARCEL 3: The N 95.00 fi of the S 245.00 fi of the N 3 acres of the E 1/2 of the NE 1/4 of the NE 1/4 of the NW 1/4 of SEC 33, TWP 19S, RGE 30E, Seminole County, FL, LESS the E 25.00 fi for road. TOGETHER WITH: PARCEL 4: The N 3 acres of the E 1/2 of the NE 1/4 of the NE 1/4 of the ~ 1/4 of SEC 33, TWP 19S, RGE 30E, Seminole County, FL, LESS the S 245.00 fi and LESS the E 25 t~ for road and LESS the N 60.00 fi thereof. TOGETHER WITH: Phase 3: TheE 1/2 of the SE 1/4 of the SE 1/4 of the SW 1/4 of SEC 28, TWP 19S, RGE 30E, Seminole County, FL, less the E 25 fi of said E 1/2 for Upsala Road, together with the E 100 ft of the W 1/2 of the SE 1/4 of the SE 1/4 of the SW 1/4 of said SEC 28. Phases 1, 2 and 3 parcels altogether containing 36.3 acres more or less. ..~0 - ~ 0 0 0'~ ~GENCy OAKS "~ I MASTER PLAN MASTER PLAN REGENCy OAKS MAST~ PLAN STREET LIGHT LOCATION PLAN AG Wal-Mart ST JOHNS PKWY BestBuy~ PD SITE RI-1 CENTRAL FLORIDA GREENEWAY (SR417) Site 1000 Upsala Road Parcel No: 28-19-30-300-0060-0000 28-19-30-300-006A.0000 28-19-30-300-0070.0000 28-19-30-300-0080-0000 28-19-30-300~0090-0000 33-19-30-300-0130-0000 33-19-30.300.013A-0000 33-19-30-300-013B-O000 33-19-30-300-013C-0000 33-19-30-300-0140-0000 ~__ 33- t9-30-300_014B-0000 PD ~ o 0 '13 °z CD J