3549ORDINANCE NO. 3549
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 A PORTION OF THAT
CERTAIN PROPERTY LYING BETWEEN FIRST STREET
AND FIFTH STREET AND BETWEEN S. WHITE CEDAR
ROAD AND AERO LANE,. FROM PD, PLANNED
DEVELOPMENT WITH COMMERCIAL/INDUSTRIAL USES
TO PD, PLANNED DEVELOPMENT WITH MULTIPLE
FAMILY DEVELOPMENT BASED ON CONSISTENCY WITH
COMPREHENSIVE PLAN POLICY FOR WESTSIDE
INDUSTRYAND COMMERCE MIXED USE 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 with multiple family
development based on consistency with Comprehensive Plan Policy for Westside Industry
and Commerce mixed use 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
-ATTEST:
and agreed to in the Development Order #00-0005.
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/~L~ day of ~/~ , A.D., 2000
As the City Commission of the
City of Sanford, Florida
"2'-
Ordinance No. 3549
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
ADOPTED i f F d ,
(~ ,,f,~_p ~e fr
As t~erk of the ~t~ ~ ·
of Sanford, Florida
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
on the day of ,2000, 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 ,2000, in
O.R. Book , Page , Public Records of Seminole County, Florida,
As the City Clerk of the City
of Sanford, Florida
h\NAH\FILES~000\Sanford\Ordinances\3549 pd rezone.wpd
-3-
Ordinance No. 3549
I. RIPTIOJ
LEGAL DESCRIPTION ( as provided by client ):
The West 1/2 of Block I and oll of Block 2 ( less road right--of--way ), M.M. Smlth's Subdlvislon.
As recorded in Platt Book 1, Page 55 of the Public Records of Seminole County, Florida.
Also described as follows:
A portion of land lying in Section 27, Township 19 South, Range 50 East, Seminole County,
Rotida.
Being .more particularly 'deScribed as follows:
Commence at the Northwest corner of said Section 27; thence run South 00'09'03" East
along the West line of the Northeast 1/4 of said Section 27 for a distance of 1554.60 feet to the
Northwest corner of Block 1, aforementioned M.M. Smlth's Subdivision; thence continuing
along aforesaid West line also being the West line of said Block 1 run South 00'09'03" East
along 'said West lines for a dlstonce of 48.25 feet to o point; thence departing sold West lines run
North 89'50'57" East for o distance of 15.00 feet to a point on the Easterly right-of-way line
of White Cedar Road according to Florida Department of Transport right-of-way maps, Section
Number 77030--2107, also being a point on a Fine 15.00 East of and parallel to the West line of
aforesaid Blocks 1 and 2, also being the POINT OF BEGINNING; thence run North
22'45'07" East along said Easterly right-of-way llne for a distance of 25.69 feet to a point on
the Southerly right-of-way line of State Road Number 46 according to aforementioned Rorida
Department of Transport right-of-way maps, also being a point on a non tangent curve concave
Southerly and having a radius of 5629.65 feet; thence from a tangent bearing of South
87'01'0z~ East, run Easterly along said Southerly right-of-way line and said curve through a
central angle of 02'34'40" for on arc distance of 255.28 feet to a point of tangency; thence
continuing along said Southerly right-of-way line run South 84'26'2~" East for a distance of
52.66 feet to a point; thence departing said Southerly right-of-way line; run South 00'08'~5"
East for a distance of 598.49 feet to a point on the Southerly line of aforesaid Block 1, also
being the Northerly line of 'aforementioned Block 2; thence run North 89'59'37" East along
said Southerly line and said NorthsHy line for a distance of 329.86 feet to the Southeast corner of
said Block 1, also being the Northeast corner of said Block 2; thence run South 00'08'27"
East along the East line of said Block 2 for a distance of 645.65 feet to a polht on a line 15.00 feet
North of and parallel to the South line of said Block 2, also being a point on the Northerly
right-of-way line of a 50 foot wide unnamed rlght-of-woy according to aforementioned plot of M.
M. Smith's Subdivision; thence departing said East line run North 89'59'47" West along said
parallel line for o distance of 644.61 feet to a point on aforementioned Easterly right-of-way line
of White Cedar Road also being a point on a line 15.00 East of and parallel to the West line of
aforesaid Blocks 1 and 2; thence departing said line parelist to said South line of Block 2, run
North 00'09'03" West for a distance of 1044.32 feet to aforementioned POINT OF
BEGINNING. -:'
Contains 12.5:51 acres, more or less. "
CITY OF SANFORD DEVELOPMENT ORDER
No. 00-0005
On April 10, 2000, City of Sanford issued this Development Order relating to and m
:~
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 Owner: Windsor Pines, Ltd., 1551 Sandspur Road, Maitland, Florida 32751
Project Name: Windsor Pines Apartments, 3651 W. 1st Street, Sanford, Florida 32771
Requested Development Approval:
The development approval sought is consistent with the City o.f Sanford Comprehensive
Han and will be developed consistent with and in compliance to applichble 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) The 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.
Developmere Order No. 00-0005, Page 2
(3) The conditions upon this developmere 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) Compliance with Windsor Pines Site Plan Sheet ST-1 prepared by
Madden Engineering, Inc. dated February 2, 2000, last revised May
b)
21, 2000.
Prior to issuance of the first Certificate of Occupancy, the owner of o,
the property shaH: =o
r'-
r~
(1) Dedicate 10 feet of right-of-way on the south boundary of the c~
property and contiguous to the existing 5m street right-of-way.
(2) Dedicate 10 feet of right-of-way on the west boundary of the
property and contiguous to White Cedar Road.
(3) Dedicate a 20 foot by 20 foot corner clip at the intersection of
White Cedar Road and State Road 46 as required by the City's
Utilities Manual.
(4) Obtain a Seminole County right-of-way permit and, to the
extent shown on the Windsor Pines Site Plan Sheet ST-1
prepared by Madden Engineering, Inc. dated February 2, 2000
and last revised May 21, 2000, construct White Cedar Road to
Seminole County requirements.
c) Parking space widths to be 9' x 18'.
d) Decorative fencing around the project shall be reviewed and approved
by City staff. No chain link is to be on the south side of project on 5th
Street.
Development Order No. 00-0005, Page 3
(e) The drainage ditch on White Cedar Road is to remain as identified on
the Windsor Pines Site Plan Sheet DR-1 prepared by Madden
Engineering, Inc. dated February 2, 2000 and last revised on June 2,
2000.
Notwithstanding anything herein contained to the contrary, the dedications and the
construction of White Cedar Road shall be limited to those areas shown on Exhibit "A" which is
attached hereto and incorporated herein by this reference and the City's approval of the:
decorative fence shall not be unreasonably delayed or withheld.
(4)
This Development Order touches and concerns the afore described property and ~
the conditions, commitments and provisions of this Development Order shall c-,
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 ~.~-', t~ iO,
2.cx~o .
By: ~ering' ~d Plying '
Development Order No. 00-0005, Page 4
OWNER'S CONSENT AND COVENANT
COMES NOW, ~F ~ ~ ?- ~ ~ ~ e K_ on behalf of WINDSOR
PINES LTD. 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.
~ He,e Jennie L. Naplet
Print Name Here
Witnesses
WINDSOR PINES PARTNERS, LTD., a
Florida limited partnership
BY: CED CAPITAL HOLDINGS XIV B,
LLC, a Florida limited liability company,
General Partner
'JA~BROCK, Manager
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, personally appeared JAY. P. BROCK as
Manager of CED CAPITAL HOLDINGS XIV B, LLC, a Florida limited liability company as
General Partner of WINDSOR PINES PARTNERS, LTD., a Florida limited partnership, who is
personally known to me and who did not take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this /,'4 ~
day of June, 2000. ~ ·
N ~, ~S;a;e o'f Florida at Large
Orders\Windsor Pines DevOrdOO-0OOS-Revised.wpd~ ~'~ "~7~ MY GOMMISSi0N # CC 642414
F;\SHA ENG\Development Review\Sdevelopoment ~ (~i~,~,.~
flon~d Thru ~ Pahlio Un~twtit~m
0
"0
0
(,,)
0
'O
"~
®®t
~ 4/t0~ ~r F,~0. T, ENGINEER IN CHARGE:
~=~ 4
~ ;'~ '
1~ CHARLES M. ~ADDEN
SANFORD FLORIDA
i~l