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3580 ORDINANCE NO. 3580 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO, 3'1'17 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO CHANGE THE ZONING OF A PORTION OF THAT CERTAIN PROPERTY LYING BETWEEN E. LAKE MARY BOULEVARD AND PINE WAY AND BETWEEN ANDREWS ROAD AND PARK NATIONAL DRIVE FROM MI-2, MEDIUM INDUSTRIAL, 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: The Northwest 1/4 of the Northeast 1/4 of Section 18, Township 20 South, Range 31 East, Seminole County, Florida, and that portion described as follows: Begin at the Northeast corner of the Northwest 1/4 of said Section 18, run West 8.7 chains, thence South 12.98 chains, East 4.26 chains, E 20 degrees W 4-314 chains, North to Point of Beginning. 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 #00-0032. 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 [e(~ day Of ~ A.D., 2000 ATTEST: ~ ~ s the City Commission of the City of Sanford, Florida "2'- Ordinance No. 3580 08~C 'oN aoueu!pJO --C-- pd~'euozej pd 099£\seoueu!pJO\pJoJueS\OO0;~S=l'll~\HVN\:l eppol_-I 'pJoJueS Jo ~ 'epuol_4 '~lunoO slou~uJ~S jo spJooa):l ollqnd ~ a6ecl ' /~2/7 ~too8 '~1 '0 u, 'E)~' }52~> 'O ~ ~r'~lr~C.f~ uo ~cu Aq pepjooej seM JepjOSueuJdoleAea p,es p~Je eoueu!pjo s!ql ~o uo!ldope jo elep eql jo sXep (06)/~$eu!u u!q$!M euj .(q peA!eoej s~M JepjO lueuJdoleAeC] pelnoexe Xlln~ eql 1eqll'~f0OZ:' ,_~,v~LX/~Jo Xep ~ 7-'eql uo XJ!IJeo XqeJe4 op 'ep!Jol:l 'pJo~ueS .~o/~1!0 e41Jo >IJelC) Xl!O ',~lJeq6noa '~1 '1 :9/VOI-IIIt~I=IC) CLER~ OF CIRCUF COURT RECORDED & VERIFIED 667 196 el MAR20 PM 15 CITY OF SANFORD DEVELOPMENT ORDER No. 00-0032 co On December 18, 2000 the City of Sanford issued this Development Order relating to and r- touching and concerning the following described property: cq r- (L rip d) r-- egal Desc tion Attache n (The aforesaid legal description has been provided o ~ to the City of Sanford by the owner of the afore described property) ~ "~ ta a: FINDINGS OF FACT O O~ ~ Property Owner: Magnolia Plantation Partners, LC, a Florida limited liability company ~ 235 S. Maitland Avenue, Suite 216, Maitland, FL 32751 co Project Name/Address: Magnolia Park PD, 3801 Me!lonville Ave, Sanford, Florida 32772 ~ Tax ID Number: 18-20-31-300-002A-0000 u m Requested Development Approval: Magnolia Park Planned Development., H 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 x -- ~ c> c-- ~ r- p regulations and all other applicable regulations and ordinances. m m -- The owner of the property has expressly agreed to be bound by and subject to the m crl ~,~ r~ z 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 r~ property. ~ ORDER H 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 m impact fee ordinances. OFFICIAL RECORDS h031 1583 SEH&NOLE C0..FL Development Order No. 00-0032 Magnolia Park PD, Page 2 (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: (a) Compliance with the Magnolia Park PD Master Plan dated August ls 2000. (b) A traffic study shall be submitted for review with the preliminary subdivision plan. (c) Submittal of Preliminary Subdivision Plan shall indicate footprint of maximum building area for each lot. (d) - Mitigation of wetlands will be per S-IRWMD requirements including site evaluation, mitigation determinations and evidence of compliance. (e) An appropriate entrance feature shall be required to be submitted and reviewed by staff prior to engineering approval. (f) At least thirty percent (30%) of the total land area shall be maintained as open space. (g) All lots shall have a minimum depth of one hundred and fifteen (115) feet and a minimum width of sixty (60) feet. (h) The six (6) foot solid masonry wall shall be constructed along the easterly property line where residential Magnolia Park lots abut industrial Silver Lake Industrial Park lots and similarly in the northeast corner of the Magnolia Park PD. No wall is required adjacent to conservation areas on the north side of Magnolia Park PD. (i) The Development must include execution of a Development Agreement to provide and construct access to the project on Mellonville Avenue from East Lake Mary Boulevard in a form acceptable to City staff. (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 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 December 18, OFFICIAL RECORDS F3OFtK PAGE b, 031158h SEt~INOLE C0.,FL Development Order No. 00-0032 Magnolia Park PD, Page 3 OWNER'S CONSENT AND COVENANT COMES NOW, ~Etetel/,..T.p./,~/..~t,e~ -7'4~.//7~qtgG-~,('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. ]',q..q 6-.AI~Z..//~t ~::?Z..iSt/VT/q,.T.itg A] ~:]~,te,27d~t~Sl Witness Owner /99/t~N/~'/e Witness 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 '~t-;4~,-4 who is personally known to me or who has produced"~l ~12:~e_. &e_~._~L as identification and who did take an oath. WITNESS ~&_m~l. and official seal in the County and State last aforesaid this/~'~ day of/t, kA--,,-~.,,,h~:~%7!..~s ,,~ ~ ~ - . . * - , in $d for the County and :, OFFICIAL RECO~,I)5 SE, HmOLE CO.,FL PROgECT: MAGNOLIA PARK, PD SUBJECT: CONCEPT DEVELOPMENT __. PLAN-CITY OF SANFORD, FLORIDA OFFICIAL RECORDS tiO'3'l ......1586 ............................................ $EIIINOLE CO,,FL / i'.. ' ,/ L,"I ~ , ~.,:=,.,,, =. .. NOT SR- SR-1A IN CITY_ ecvo E LAKE M.~,RY BLVn MI -2 ,,. . . C Seminole Coun~ ~ZONE ~NO,RTH PD Rezone (MI-2 to PD/LDR) 3801 Mellonville Avenue Parcel ID: 18-20-31-300-0020-0000 AG Seminole Count 18-20-31-300-002A-0000 Representative: Michael Murray