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Home My WebLink About3786 ORDINANCE NO. 3786 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 3.37 ACRES OF PROPERTY LYING BETWEEN THE CENTRAL FLORIDA GREENEWAY AND RINEHART ROAD AND BETWEEN RINEHART ROAD AND TOWNE CENTER BOULEVARD, FROM PCD, PLANNED COMMERCIAL DEVELOPMENT, 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 # 03-0021. 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 vow and of no force and effect. PASSED AND ADOPTED this~;~)'4"-~grday of (~/_,g,~2_~ , A.D., 2003. ATTEST: MAY(~R CRY CLERK As the City Commission 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. 3786, PAS~ED//AND ADOPTED by the City Commission of the City of Sanford, Florida, on theC~&-~ay of .~/~,L~-~ ., ,2,0,~03, was pgs,ted at the front door of the City Hall in the City of Sanford, FIo~dal on the,~ day of ~-//'~z.~Lg... ,2003. As th~ City Clerk of the C~¢y ~ of Sanford, Florida Ordinance No. 3786 CERTIFICAT~ I, J~ar~.et R. Dou~herty, City Clerk of the City of Sanford, Florida, do hereby certify on the ~r~.~ day of .., .L/~.. ,2003, that the fully executed Development Order was received by me within ninety (90) days of the da~e of .,adoption of this ordinance and said Development Order was recorded by me on ~/~. c~ '7 ,2003, in O.R. Book(~Z/~_~,~'7 , Page ~ ~7~, Public Records of Seminole County, Florida, As t~e City Clerk of the~ity /.Y of Sanford, Florida I:\S haron~2003\San ford\Ordinances~3786.pd rezone.wpd Ordinance No. 3786 EXHIBIT A LEGAL DESCRIPTION PARENT TRACT DESCRIPTION: (FROM OFFICIAL RECORDS BOOK 1265, PAGE 1570, PARCEL 1) Lot 5, PINE LAKE GROVES, according to the Plat thereof as r-ecoj'ded in Plat Book 9, page 27, of the public records of Seminole, County, Florida. PARCEL DESCRIPTION: (WRITTEN BY SURVEYOR) Lot 5, PINE LAKE GROVES. according to the Plat thereof as recorded in Plat Book 9, Page 27, of the Public Records of Seminole County, Florida, lying Northwesterly of Rinehart Road, LESS Commence at the Northwest comer of said Lot 5 and run S 00°17'04"E along the West line of said Lot 5, 403.56 feet to the Point of Beginning; thence continue S 00°17'04"E along said West line. 165.00 feet to a point on the North line of Lot 10 of said PINE LAKE GROVES; thence run S 89°35'24'E along said North line,. 159.24 feet; thence departing said North line run N 00°17'04'~/V, 165.00 feet; thence run N 89°4.8'24"W, 159.24 feet to the Point of Beginning; AND ALSO LESS that particular parcel of land described as Parcel 32_0, Part B in the Flodda Department of Transportation Order of Taking recorded in Official Records Book 3676, Page 1189 of the Public Records of Seminole County, Florida being more particularly described as follows: Begin at the Northwest comer of said Lot 5 and run S 00°1 ?'04"E along West line of said Lot 5, 232.48 feet; thence departing said West line run N 81°58'59"E, 106.56 feet; thence run S 69'48'16"E, 597.40 feet to a point on the Northerly right-of-way line of Rinehart Road, said point being on a curve concave Northwesterly having a radius of 2476.48 feet, a chord of 964.56 feet, and a chord beadng of N 37°34'43"E; thence run Northeasterly along said curve and right-of-way line, 970.75 feet through a central angle of 22027'34" to a point on the North line of a said Lot 5; thence run S 74°49'26'~N along said North line, 1300.95 feet to a Point of Beginning: The parcel of land described hereon contains 146878.54 square feet or 3.3719 acres. -1-]V~ 0.~¥ Q~O-JNVS CITY OF SANFORD DEVELOPMENT ORDER No. 03-0021 On June 23, 2003 , City of Sanford issued this Development Order relating to and touching and concerning the following described property: LOT 5 NWLY OF RINEHART RD (LESS BEG 404.1 FT S OF NW COR RUN E 159.24 FT S 165 FT W 159.24 FT N 165 FT TO BEG & LESS SR 417 R/W DESC IN ORB 3676- 1189) PINE LAKE GROVES PB 9 PG 27 (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: Samy Realty Inc. 2885 Aloma Lake Run Oviedo, FL 32765 Project Name/Address: Sanford Auto Mall - 1300 Rinehart Road Tax Parcel Number(s): 32-19-30-501-0000-0050 Requested Development Approval: Rezone from PCD (County) 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 mn with, follow and perpetually burden the afore described property. ORDER NOW, THEREFORE, it is ORDERED AND AGREED THAT: (1) The aforementioned application for development approval is GRAN__T_E.]~..o, IIiIIIIllllllllllllllllllllllllll (2) (3) (4) (5) 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. 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. All Development is to be generally in accordance with the Sanford Auto Mall PD Master Plan dated April 30, 2003; b. All Development shall be in accordance with the City of Sanford's Land Development Regulations; c. Site shallbe developed in accordance with Sanford's gateway corridor standards for landscaping and signage with the freestanding sign not exceeding 50 square feet; d. The applicant shall be required to extend a reclaimed water line to the site, and to use reclaimed water for all non potable purposes. e. There shall be no elevated display areas. (Ali automobiles shall be at grade only). 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 at their meeting of .,~2W , Zoo3 Russ L. Gigson, A~CP Interim Director of Planning and Community Development DevelopmentOrderNo. 03-0021-San~rdAutoMall FILE NUM ~OO3110~66 Page 2 of 3 OWNER'S CONSENT AND COVENANT COMES NOW, 'q~m~,_~- k']S.0o~c. ~',,do,~ _~_.-.,.-,,), ~.,~{.z), 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. .,,~.(~,j~- - / Ftnnt Nmll¢ Here Witness Witness 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 .~/:~.~ ~.r ~oo/Z~ who is p~ersonallzknown to me or who has produced as identification and who did take an oath. of~WITNESS my, o?oc~ 3.hand and officialc~_seal~/in the County and State //la'si aforesaid this ~/ day (~} ~ ~m,,,~ ~o,~,,80 / ~U~,ic, in ~d for the County ~d ~ ~ Ex~ August 0~, 2~ ~ Sta~ aforementioned. F:\SHA ENG\Development Review\OS-Development Orders\2003\03-0021 - San fordAutoMall- 1300Rinehart. wpd Development Order No. 03-0021 - Sanford Auto Mall FiLE t.,ll..~ :::'OO3t tO6t~, OR BOOR 06887 PAGE 0376 Page 3 of 3