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3538 ORDINANCE NO. 3538 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 43+ ACRES OF PROPERTY LYING BETWEEN SOUTH OREGON AVENUE AND WOODRIDGE TRAIL AND BETWEEN SOUTH OREGON AVENUE AND TWIN LAKE, FROM AG, AGRICULTURAL, 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 heroin, subject to the following conditions and stipulations: a. All development shall be consistent with the Arbor Lakes Development Master Plan dated December 1, 1999. b. Maximum building height shall be 35 feet. c. Oregon Avenue improvements, including paving, shall be committed and/or completed prior to issuance of a certificate of occupancy for any dwelling unit. Such improvements shall include improvements to the intersections of Oregon Avenue with Rinehart Road and ~County Road 46A. The Developer or his successors shall be required to pay a proportionate share of any and all such improvements. SECTION 2: 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. SECTION 3: Conflicts. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 4: Effective Date. That this Ordinance shall become effective immediately upon its passage and adoption. As the City Commission of the City of Sanford, Florida '~2'- Ordinance No. 3538 I CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify ,71~/~ ,2 00, was post d at the front door of the City Hall in the City of Sanford, Florida 'o~hhe/-.~ day of ~r,x ,2000. of Sanford, Florida h~NAH\FILES~000\Sanford\Ordinances~3538 pd rezone.wpd "3'- Ordinance No. 3538 EXHIBIT "A" Page 1 of 3 Parcel Nos. Owner: Description: 32~19-30-300-0200-0000 33-19-30-300-0180-0000 Thomas Ratliff, Jr. Begin 10 chains West of the NE corner of the NW .1/4 of the SW 1/4 of Section 33, Township 19 South, Range 30 East, Seminole County, Florida, thence run South 366.38 feet, thence run West 20 chains, thence run North 36.38 feet, thence run Northeast to a point on the North line of Section 32, Township 19 South, Range 30 East, said point being 15 chains West of the point of beginning, thence run East 15 chains to the Point of Beginning. II. Parcel Nos. 32-19-30-300-0190-0000 33-19-30-300-0190-0000 Owner: Thomas Ratliff, Jr. and Mary A. Ratliff Description: Begin 10' chains West and 366.38 feet South of the NE corner of the NW 1/4 of the SW 1/4 of Section 33, Township 19 South, Range 30 East, Seminole County, Florida, thence run South 311.81 feet, thence run West 20 chains; thence run North 311.81 feet, thence run East 20 chains to the Point of Beginning. III. Parcel Nos. Owner: Description: 32-19-30-300-0170-0000 33-19-30-300-0200-0000 Thomas Ratliff, Jr. Begin 10 chains West and 678.19 feet South of the NE corner of the NW 1/4 of the SW 1/4 of Section 33, Township 19 South, Range 30 East, Seminole County, Florida, thence run South 311.81 feet, thence run West 20 chains, thence run North 311.81 feet, thence run East 20 chains to the Point of Beginning. 0R181528; i EXHIBIT "A" Page 2 of 3 IV. Parcel No. Owner: Description: 32-19-30-300-016A-0000 Matthew E. Burke and Lourdes E. Burke Commence at the Northeast corner of the South 1/4 of the NE 1/4 of the SE 1/4 of Section 32, Township 19'South, Range 30 East and run South 89°55'12" West along the North line of the South 1/4 of the Northeast 1/4 of the Southeast 1/4 of said Section 32, 179.89 feet to the Point of Beginning, thence run South l°20'21" East, 118.76 feet, thence run South 89°55'12'' West, 189.26 feet, thence run South 1~20'21'' East, 102.98 feet, thence run South 89°55'12'' West, 709.64 feet, thence run North 10°14'54'' East 225.33 feet to a point on the North line of the South 1/4 of the Northeast 1/4 of the Southeast 1/4 of said Section 32, said Point being 853.63 feet West of the Point of Beginning, thence run North 89~55f12'' East, 853.63 feet to the Point of Beginning. TOGETHER WITH a parcel of land being described as follows: The North 25 feet of .the East 17~.89 feet of the so. uth 1/4 of the NE 1/4 of the SE 1/4 of Section 32, Township 19 South, Range 30 East, AND ALSO the North 25 feet of the South5 chains of the West 11 1/2 chains of the Northwest 1/4 of the Southwest 134 lying West of Oregon Avenue in Section 33, Township 19 South, Range 30'East, Seminole County, Florida. 0R[8].528; ~. Parcel Nos. Owner: Description: EXH I B IT "A" Page 3 of 3 32-19-30-300-0160-0000 33-19-30-300-0210-0000 33-19-30-300-021A-0000 Sara E. Burke The South 1/4 of the NE 1/4 of the SE 1/4 of Section 32, Township 19 South, Range 30 East, less that part described in Deed Book 167, Page 106, of the Public Records of Seminole County~~ Florida; and The South 5 chains of the West 11 1/2 chains of the Northwest quarter of the Southwest quarter of Section 33, Township 19 South, Range 30 East, less the right-of-way for Oregon Avenue. LESS THE FOLLOWING DESCRIBED PROPERTY: Commence at the Northeast corner of the South 1/4 of the NE 1/4 of the SE 1/4 of Section 32,~ Township 19 South, Range 30 East and run South 89°55'12" West along the North line of the South 1/4 of the Northeast 1./4 of the Southeast 1/4 of said Section 32, 179.89 feet to the Point of Beginning, thence run South 1Q20'21" East, 118.76 feet, thence run South 89Q55'12'' West, 189.26 feet, thence run South l°20'21" East, 102.98 feet, thence run South 89°55'12'' West, 7'09.64 feet, thence run North 10°14'54'' East 225.33 feet to apoint on the North line of the South 1/4 of the Northeast 1/4 of the Southeast 1/4 of said Section 32, said Point being 853.63 feet West of the Point of Beginning, thence run North 89°55'~2" East, 853.63 feet to the Point of Beginning. TOGETHER WITH a parcel of land being described as follows: The North 25 feet of the East 179.89 feet of the South 1/4 of the NE 1/4 of the SE 1/4 of Section 32, Township 19 South, Range 30 East, AND ALSO the North 25 feet of the South 5 'chains of the West 11 1/2 chains of the Northwest 1/4 of the Southwest 1/4 lying West of Oregon Avenue in Section 33, Township 19 South, Range 30 East, Seminole County, Florida. 0R].8].528; ]. CITY OF SANFORD DEVELOPMENT ORDER On February 14, 2000, City of Sanford issued this Development Order relating to and touching and concerning the following described property: (Legal Description Attached) (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: Thomas Ratlift, Jr. 2437 S. Myrtle Avenue Sanford, Florida 32778 Thomas Ratlift, Jr. & Mary A. Ratlift 2437 S. Myrtle Avenue Sanford, Florida 32778 Matthow E., Lo,~&~ It. & Sara A. Burke 2850 Oregon Avenue Sanford, Florida 32771 Project Name: Arbor Lakes Apartments PD, 2200 Oregon Avenue Sanford, Florida 32771 Requested Development Approval: The development approval sought is consistent with the City of Sanford Comprehensive Plan and will be developed consistent wi..th 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, THEEFOE, it is ORDERED AND AGREED THAT: (1) The aforementioned application for development approval is GRANTED. :~:.-< Development Order for Arbor Lakes PD (Ratliff/Burke Property), Page 2 (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 the property are as follows: (1) All development shall be consistent with the Arbor Lakes Development Master Plan dated January 20, 2000 (2) Oregon Avenue improvements, including paving, shall be committed and/or completed prior to issuance of a certificate of occupancy for any dwelling unit. Such improvements shall include improvements to the intersections of Oregon Avenue with Rinehart Road and County Road 46A. The Developer or his successors shall be required to pay a proportionate share of any and all such improvements. (3) The developer is to work with the City to save as many of the existing trees as possible while developing the site. (5) The single family lots that which are along the southern boundary of the property and abut the Kaywood Subdivision are to have minimum lot widths of sixty feet (60') or more. (6) The developer is to work with the City to have Oregon Avenue improved to a standard which will accommodate all proposed development in the area, (7) Maximum building height of shall be 45 feet on all multiple family dwellings and 35 feet on all single family dwellings. (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 Development Order for Arbor Lakes PD (Ratliff/Burke Property), Page 3 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 ~/_,b-~/f{ By: ~~ dy der, AICP ~ngineering and Planning Development Order for Arbor Lakes PD (Ratlift/Burke Property), Page 4 OVfNER'S CONSENT AND COVENANT COMES NOW, 5a.;~ c~ ~ ~ u r- ~ e.~ the owner(s) of the afore described property in thi~ 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 E. 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 5~x~o,. 'I e'~ ,--a-~ who is personally known to me or who has produced ~'., ~ ,,- ~ ~ as identification and who did take an oath. day of WITNESS my hand and official seal in the County and State last aforesaid this d~ntioned. State of Ohio (6eauga County) My Cornmiss on Exp res June 2~ F:XZONING'~PlngRec'sX2000XRatliff:Dev-Order-Draft3 .wlxl Development Order for Arbor Lakes PD (Ratliff/Burke Property), 'Page 4 OWNER'S CONSENT AND COVENANT 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. / Cf ss. , e,.: Owner :STATE OF FLORIDA COUNTY OF SEMINOLE who is(~ersonally known to moor who has produced identification and who did take an oath. ~EE(_~S~ my hand and official seal in the County and State last aforesaid this day of , c2t~ t)D F:XZONINGXPlngRec'sx2000XRatliff-Dev-Order-Draft3 .wpd