HomeMy WebLinkAbout3870ORDINANCE NO. 3870
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 4.78 ACRES OF PROPERTY
LYING BETWEEN W. Is~ STREET AND W. 5TM STREET AND
BETWEEN MEISCH ROAD AND AERO LANE, FROM AG,
AGRICULTURE, 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:
~ 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
LEG S % OF BLK 18 M M SMITHS SUBD PB 1 PG 55
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.
.~: The rezoning action herein is subject to the conditions provided for
and agreed to in the Development Order # 04-0021.
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 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 28th day of June, A.D., 2004.
~t~y___Qg_~mission of the City of
Br~cl~Lessar~, M~'~;or
ATTEST:
-Janet R. Dougherty, ~ity Clerl~
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. 3870 PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the 28th day of June,
Ordinance No. 3870
Page 2
2004, was posted at the front door of the City Hall in the City of Sanford,
Florida, on the~ 1~ day of June, 2004.
A~'the City Clerk of th~City
of Sanford, Florida
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
· 5~/ !
on the /-- day of ~{.~L,~ ,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 ~,/_/~,¢ °'~ I
2004,
in O.R. Book (~- ~,~, Page ~)~,~,,.~,~T./, Public Records of Seminole County,
Florida.
As~e City Clerk of the Cit~
of Sanford, Florida
Ordinance No. 3870
Page 3
iii
CITY OF SANFORD DEVELOPMENT ORDER
No. 04-0021
{:~:.
On June 28, 2004, City of Sanford issued this Development Order relating to and touching and
concerning the following described property:
LEG S 1/2 OF BLK 18 M M SMITHS SUBD PB 1 PG 55
~,,
(The aforesaid legal description has been provided to the City of Sanford by the owner of the afore described property)
FINDINGS OF FACT IIIllllllllillllllillllg
Property Owner:
Night Owl Properties, LLC
Harry Mclntosh, CCIM
718 Treeline Place
Sanford, Florida 32771
Project Name/Address: Aero Two Complex / 3336 W. 5th Street
BK 05392 PGS ~82-0~84
~LERR~B ~ 2004114747
Parcel Number(s): 26-19-30-5AE-1800-0001
Requested Development Approval: Rezone to PD, 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) 3?ne 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
Development Order No. 04-0021 - Aero Two Complex Page l of 3
(4)
the property are as follows:
(a) The site shall be developed generally in accordance with the Aero Two
Planned Development Master Plan dated May 18, 2004.
(b) If not otherwise stipulated on the PD Master Plan all land use activities and
development or design standards for the subject property shall be consistent
with the RI-l, Restricted Industrial zoning requirements;
(c) All development shall be designed in accordance with the City of Sanford's
Land Development Regulations (LDR) including any subdivision of the
property.
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 thc 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
at their meeting of.,~,~¢ 2_~_, '2,c~'~ Of ·
By: ~--,x~.~-~~r) Date: ~. ~ %.~t;~
Russ L. Gibson, AICP
Director of Planning and Development Services
Development Order No. 04-0021 - Aero Two Complex
Page 2 of 3
OWNER'S CONSENT AND COVENANT
COMES NOW, ~"~ '~x''IL~ ~L''p 1 ff'~p C'~-I'e, L L f. 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.
Sign Nan~ Here/
Witness
Pfnt Nam~ Here
Witness
Sign Name Here
Owner
STATE OF FLORIDA
COUNTY OF SEMINOLE
WITNESS my hand andefficial seal in the County and State last aforesaid this
day of
~ i~ ~ ~'~ N c, in ~d for the Co~ty and
Development Order No. 04-0021 - Aero Two Complex
Page 3 of 3
Seminole County
· W 1ST ST
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PD
PD
AG
Page
School
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GC
2
PD
SITE
AG
NOT
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CITY
Neff
Rentals
Kempke Quality
Music Metals
ice Cream
NOT
IN
CITY
Truck Driver
Institute
RI-1
Invacare
AG
NOT
IN
CITY
Site
3336 West 5th Street
Parcel No: 26-19-30-5AE- 1800-0001
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