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4682 Annex 3981 Sipes Avenue\� 0 U a GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2022059087 Bk:10241 Pg:425-448(24Pgs) REC: 05/18/2022 9:48:00 AM by koneal RECORDING FEES $205.50 Ordinance No. 2022-4682 An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real property (Tax identification Parcel Number 16-20- 31-502-0000-0010) which is generally addressed as 3981 Sipes Avenue located contiguous to the City of Sanford together with associated rights -of -way within the area of the annexed property in accordance with the voluntary annexation provisions of Section 171.044, Florida Statutes; redefining the boundaries of the City of Sanford to include said property; amending the boundaries of the City in accordance with the provisions of Section 166.031, Florida Statutes; providing for findings; providing for conditions; directing the City Clerk to record the ordinance with the Clerk of the Circuit Court, with the Chief Administrative Office of Seminole County and with the Department of State; providing for legal description and a map and providing for the incorporation of that exhibit; repealing all ordinances in conflict herewith; providing for severability; providing for non -codification and the taking of administrative actions and providing for an effective date. Whereas, the following is the fee simple title owner of the real property being assigned the following Tax Identification Parcel Number by the Seminole County Property Appraiser: Tax Identification Parcel Number Owner 16-20-31-502-0000-0010 AMH Development LLC, a Delaware limited liability company. ; and Whereas, David P. Singelyn, Brent Landry, John (Jack) Corrigan, Sara Vogt - Lowell, Michael Stone, Geoffrey Reid, Ben Mahany, Todd Jones, and Brad Edwards are the corporate officers of AMH Development LLC; and Whereas, the subject real property (a site 39.94 acres in size) is located at the east side of the intersection of Pine Way and Sipes Avenue which property is located within sub -area 4 of the of the 2015 Seminole County/City of Sanford Joint Planning Agreement; and Whereas, City staff reviewed and recommended approval of the annexation of said property to the City Commission of the City of Sanford and has accomplished all actions required under the Code of Ordinances of the City of Sanford and State law; and 1�,£aIRe Whereas, the City Commission, upon the recommendation of City staff and the City Attorney, has determined that all of the property which is proposed to be annexed into the City of Sanford is within an unincorporated area of Seminole County, is reasonably compact and contiguous to the corporate areas of the City of Sanford, Florida and it is further determined that the annexation of said property will not result in the creation of any enclave (and, indeed, logically fills in the City Limits of the City and is consistent with sound principles and practices relating to the delineating of jurisdictional boundaries thereby furthering sound management in terms of the provision of public facilities and services as well as sound land use planning), and it is further determined that the property otherwise fully complies with the requirements of State law relative to annexation it being specifically found and determined that the property being annexed does not leave any real property in unincorporated Seminole County totally enclosed within the City Limits of the City; and Whereas, the City Commission of the City of Sanford, Florida has taken all actions in accordance with the requirements and procedures mandated by State law; and Whereas, the City Commission of the City of Sanford, Florida hereby determines that it is to the advantage of the City of Sanford and in the best interests of the citizens of the City of Sanford to annex the aforedescribed property; and Whereas, the provisions of Section 166.031(3), Florida Statutes, provide that [a] municipality may, by ordinance and without referendum, redefine its boundaries to include only those lands previously annexed and shall file said redefinition with the Department of State pursuant to the provisions of subsection (2); and Whereas, the provisions of Section 171.091, Florida Statutes, provide as follows: Recording. —Any change in the municipal boundaries through annexation or contraction shall revise the charter boundary article and shall be filed as a revision of the charter with the Department of State within 30 days. A copy of such revision must be submitted to the Office of Economic and Demographic Research along with a statement specifying the population census effect and the affected land area. ; and Whereas, the map and the legal descriptions attached hereto as Exhibit "A" shows, describes and depicts the property which is hereby annexed into the City of Sanford said Exhibit being incorporated into the substantive provisions of this Ordinance as if fully set forth herein verbatim; and 21" _..-. Whereas, the property owner has entered a document styled "Palmetto Pointe Pre -Annexation Covenant" which has been recorded in the Public Records of Seminole County, Florida. Now, Therefore, be it Enacted By the People of the City Of Sanford, Florida, as follows: Section 1. Legislative and Administrative Findings/Annexation of Property. (a). The recitals set forth above in the "whereas clauses" are hereby adopted as legislative findings of the City Commission of the City of Sanford. (b). The property that is the subject of this Ordinance consists of the following parcel of land assigned the Tax Identification Parcel Number set forth above and below, together with all rights -of -way of Pine Way westward of the annexed property, of Sipes Avenue northward of Pine Way to Kentucky Street, of Kentucky Street westward to Sipes Avenue, and all of the unnamed right-of-way abutting the annexed property to the east, all to the extent such right-of-way is not currently located within the City Limits of the City, said property being situated in Seminole County, Florida: All of Tax identification Parcel Number: 16-20-31-502-0000-0010. (See Exhibit "A" (map), which is also described as: Lots 1 to 8, CRIPPEN'S SUBDIVISION, as recorded at Plat Book 1, Page 90, of the Public Records of Seminole County, Florida. , and all of said property is hereby annexed into and are hereby made a part of the City of Sanford, Florida pursuant to the provisions of Section 171.044, Florida Statutes. (c). Water, wastewater and reclaimed water services are available from East Lake Mary Boulevard. A single-family home development cannot be on a private lift station. The City requires a 130 homes minimum for a City -owned and operated lift station to be installed. If the minimum number of homes is not met, the property owner is required to design the lift station and extend the gravity sewer so other homes (future or present) may be connected in accordance with the requirements set forth in the City's utility manual specifications. The property owner shall be responsible for all impact and connection fees including, but not limited to, extending all utility lines to the annexed property at the cost and expense of the property owner, which matters are associated with obtaining utility services from the City to serve the annexed property. The property owner of the annexed property fully understands that the property owner and the transferees and assigns of the property owner shall incur any and all of the costs of routing, extending, connecting, sizing and installing all utility services to the annexed property that may result and be incurred as well as the obligation to pay any and all other applicable fees and costs in any way relating to connection to, metering of, and 31Pa.g . provision of services by, the City's utility systems. Future development shall meet all utility code and system requirements as well as the requirements of controlling State law. The property owner shall be responsible for any and all costs and expenses relating to the routing any and all lines to the subject property and for providing any necessary facilities and equipment including, but not limited to, the granting of utility easements to the City as may be determined to be necessary by the City. (d). Under the authority of Section 166.031 (3), Florida Statutes, relating to city charter amendments, "[a] municipality may amend its charter pursuant to this section notwithstanding any charter provisions to the contrary. .. .. A municipality may, by ordinance and without referendum, redefine its boundaries to include only those lands previously annexed and shall file said redefinition with the Department of State " This Ordinance shall amend the boundaries of the City to include the property annexed in this Ordinance and all previously annexed properties. Section 2. Effect of Annexation. Upon this Ordinance becoming effective, the property owner of the said property shall be entitled to all the rights and privileges and immunities as are from time -to -time granted to property owners of the City of Sanford, Florida as further provided in Chapter 171, Florida Statutes, and shall further be subject to the responsibilities of ownership as may from time -to -time be determined by the governing authority of the City of Sanford, Florida and the provisions of said Chapter 171, Florida Statutes. The City has not waived any rights or remedies by taken the action set forth herein or by approving any successive development orders and reserves any and all rights and remedies available to the City under controlling law including, but not limited to, the protections under the laws pertaining to sovereign immunity. It is noted that, to address conditions of annexation desired by the City, the property owner has agreed, in a recorded instrument that runs with the subject annexed property, that that terms and conditions of Seminole County Development Order Number 21-20000003, dated November 9, 2021, and pertaining to File Number PZ2021-08, shall continue in full force and effect after annexation of the annexed property notwithstanding the provisions of the City's Land Development Regulations with the City being the beneficiary of the covenants and commitments made therein. Section 3. Administrative Actions. (a). Within 7 days of the adoption of this Ordinance, the City Clerk shall file a copy of said Ordinance with the Clerk of the Court (Land Records/Recording), with the Chief Administrative Officer of Seminole County (the County Manager), with the Florida Department of State, and with such other agencies and entities as may be required by law or otherwise desirable. (b). The City Manager, or designees within City management staff, shall ensure that the property annexed by this Ordinance is incorporated into the City of Sanford Comprehensive Plan and the Official Zoning Map of the City of Sanford in an expeditious manner and, in accordance with, and pursuant to, the provisions of Under the authority of Section 166.031(3), Florida Statutes, the City Manager, or designees, shall amend the boundaries of the City to include the property annexed in this Ordinance and all previously annexed properties in all maps and geographical data relating to the City Limits said property to include, but not be limited to, annexed rights - of -way and natural features. Also, in accordance with the provisions of Section 171.091, Florida Statutes, a copy of the document submitted to the Florida Department of State must be submitted to the Office of Economic and Demographic Research along with a statement specifying the population census effect and the affected land area. Section 4. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. Section 5. Severability. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise to be invalid, unlawful, or unconstitutional. Section 6. Codification. The provisions of this Ordinance shall not be codified, but the annexed property shall be incorporated and included in all appropriate maps of the City Limits of the City of Sanford by the City Manager, or designee(s), and the City Manager, or designee(s), is/are hereby directed to take any and all appropriate actions relative to the land use planning documents of the City pertaining to the property annexed pursuant to this Ordinance. Also, all maps of the City shall be modified to address this annexation and all previous annexations. Section 7. Effective Date. This Ordinance shall take effect immediately upon passage and adoption. Passed and adopted this 9th day of May, 2022. Attest: City C S rc IPA Traci Houchin, MMC, FCRM ''= oc City Clerk 1Iyor For use and reliance of the Sanford City Commission only. Appro to form and legality. c ert {City Attorney 51Pac-- is_§ion of the City of :FORD U FST. 18�� � • � CITY COMMISSION MEMORANDUM 22.139 MAY 9, 2022 AGENDA W S RM Item No. To: Honorable Mayor and Members of the City Commission PREPARED BY: Eileen Hinson, AICP — Planning Director SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager SUBJECT: Annexation of 39.94 acres located at project address 3 81 Sipes Avenue; Owner, AMH Development Group " STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: A request by the property owner, AMH Development Group whose manager is Geoffrey Reid, to voluntarily annex, 39.94 acres located at 3981 Sipes Avenue has been received. FISCAL/STAFFING STATEMENT: According to the Property Appraiser's records, the subject property is a vacant residential parcel with the assessed tax value and total tax bill for 2021 shown below: Parcel Number Assessed Value (202) Tax Bill (2020) Property Status 16-20-31-502-0000-0010 $1,508,870 $21,776.72 Vacant Residential Upon annexation, it is the applicant's intent to construct a single family residential development. If annexed, a residential development will have an impact on public facilities and services. No additional staffing is anticipated, if the request is approved. BACKGROUND: The above referenced properties are located in unincorporated Seminole County at the east side of the intersection of Pine Way and Sipes Avenue. Existing Use Vacant Proposed Use Single Family Subdivision Parcel Number 16-20-31-502-0000-0010 Parcel Size 39.94 Existing Future Land Use Designation (Count) LDR, Low Density Residential Proposed Future Land Use Designation (City) LDRSF, Low Density Residential Single - Family Existing Zoning (County) R-IA, Single Family Residential Equivalent Zoning (City) SR- 1A, Single Family Residential Proposed Zoning (City) SR-1 A, Single Family Residential Upon annexation, the property will be in City Commission District 1. The subject properties are located within sub -area 4 of the 2015 Seminole County/City of Sanford Joint Planning Agreement. An east -west alignment established by Eaglewoods Trail shall serve as a dividing line for residential density within Planning Area 4. Properties to the north of this line shall develop at a maximum of 3.5 units per net buildable acre. Properties lying south of this line and north of Pine Way shall develop at a maximum of 2.5 units per net buildable acre. The subject property is south of Eaglewoods Trail, and has a Future Land Use designation of County LDR, Low Density Residential. However, on November 9, 2021, Seminole County issued Development Order 21-20000003 granting the property the right to develop at a maximum density of 2.95 units per acre. The recorded development order also allowed reduction to the minimum houses size, and required open space. As a condition of this annexation the City of Sanford agrees to accept and recognize the development rights associated with this development. Staff has reviewed the request for annexation and found the request to meet the criteria set forth in Section 171.044, Florida Statutes, relating to voluntary annexations. The property boundaries are contiguous to the City's boundary and are reasonably compact. The proposed annexation does not create a new enclave. Utilities: Water, wastewater, and reclaim is available from E. Lake Mary Boulevard. The developer shall be responsible for extending all utility lines to the site at their cost. A single-family home development cannot be on a private lift station. The City requires a 130 homes minimum for a City owned and operated lift station to be installed. If the minimum number of homes cannot be met, the developer is required to design the lift station and extend the gravity sewer so other homes (future or present) can be connected per the utility manual specifications. The developer shall be responsible for up sizing existing utilities required to meet all utility specifications at its cost. All utility lines, water, sewer, and reclaim shall be installed per the City Utility Manual specifications and requirements. Any improvements required to the City's sewer system to accommodate the proposed development will be at the developer's expense. All impact and connection fees associated with obtaining utility services from the City shall be the property owner's responsibility. The property owner, AMH Development Group, is requesting annexation to obtain utility services in order to develop a residential development. LEGAL REVIEW: The City Attorney has reviewed and determined that the annexation, as implemented, would comply with controlling State law and has prepared the proposed Ordinance. The City Commission approve Ordinance No. 4682, on first reading of Ordinance No. 4682, on the first reading. The City Clerk published notice of the 2pd Public Hearing in the Sanford Herald on April 3, 2022. The City Commission moved to continue the 2nd Public Hearing of Ordinance No. 4682 on April 11, 2022. The City Commission moved to continue the 2nd Public Hearing of Ordinance No. 4682 on April 25, 2022. RECOMMENDATION: It is staff s recommendation that the City Commission adopt Ordinance No. 4682. SUGGESTED MOTION: "I move to adopt Ordinance No. 4682." Attachments: Ordinance No. 4682 Exhibit "A" Annexation Covenant Prepared by and return to: Eileen Hinson, AICP Director of Planning Planning Division of Development Services Department City of Sanford 300 North Park Avenue Sanford, Florida 32771 Tax Parcel Identification Number, 16-20-31-502-0000-0010. PALMETTO POINTE PRE -ANNEXATION COVENANT THIS PALMETTO POINTE PRE -ANNEXATION COVENANT (this "Covenant") is entered into on this OP day of May, 2022, by AMH DEVELOPMENT LLC, a Delaware limited liability company (hereinafter referred to as the "Property Owner"), whose address is 23975 Park Sorrento, Suite 300, Calabasas, California 91302, for the benefit of the City of Sanford, Florida, a Florida municipality, (hereinafter referred to as the "City"), whose mailing address is 300 North Park Avenue, Sanford, Florida 32771. WHEREAS, the Property Owner owns the following property which is located in unincorporated Seminole County, Florida: Lots1 to 8, CRIPPEN'S SUBDIVISION, as recorded at Plat Book 1, Page 90, of the Public Records of Seminole County, Florida. and WHEREAS, the Property Owner intends to annex the above -described property into the City Limits of the City in accordance with the controlling provisions of State law; and WHEREAS, to address conditions of annexation desired by the City, the Property Owner and the City have agreed that the terms and conditions of the Seminole County Development Order Number 21-20000003, dated November 9, 2021, and pertaining to File Number PZ2021-08 attached hereto as Exhibit A and incorporated herein by reference (the "Seminole County Development Order"), shall continue in full force and 111)age effect after annexation of the referenced property notwithstanding the provisions of the City's Land Development Regulations, including, without limitation, the development of the Property in accordance with the attached Site Plan attached hereto as Exhibit B and incorporated herein by reference (the "Approved Site Plan"); and WHEREAS, the Property Owner and City desire to enter this Covenant as an inducement for the City and Property Owner to annex the referenced property and as it grants future development approvals relating to the property subsequent to annexation. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is covenanted and agreed by the Property Owner and the City as follows; Section 1. Recitals. The above recitals are true and correct and are material part of this Covenant upon which the City and the Property Owner has relied. Section 2. Lands Subject To This Covenant. (a). The Property Owner owns the following described real property located in unincorporated Seminole County, Florida, and covenants and agrees that the covenants and agreements set forth in this Covenant are perpetually applicable to the said property unless released by the City by means of a document of equal dignity and formality herewith: Lots1 to 8, CRIPPEN'S SUBDIVISION, as recorded at Plat Book 1, Page 90, of the Public Records of Seminole County, Florida. (b). The Property Owner covenants and agrees that it shall not develop the said property in any manner inconsistent with the provisions of (i) the attached Approved Site Plan and/or (ii) Seminole County Development Order unless the Property Owner applies for the City to issue a development order to an amendatory or 2 1 P a g e revisionary effect relating to the said property in accordance with the provisions of the City's Land Development Regulations and Section 166.033, Florida Statutes. The rights and benefits of the Seminole County Development Order to and for the benefit of the Seminole County and the public shall henceforth, immediately upon annexation, be the rights and benefits of the City. (c). The City covenants and agrees that, as a material inducement to the Property Owner agreeing to the annexation of the property described herein, the City shall permit the Property Owner to develop the said property in a manner consistent with, and the City shall not issue any subsequent development orders in contradiction of, the provisions of (i) the attached Approved Site Plan and/or (ii) Seminole County Development Order from and after the date of the subject property's annexation, unless the Property Owner applies for the City to issue a development order to an amendatory or revisionary effect relating to the said property in accordance with the provisions of the City's Land Development Regulations and Section 166.033, Florida Statutes. (d). This instrument is in the nature of a pre -annexation agreement or pre - annexation development agreement (of a non -statutory nature) and, except as otherwise expressly set forth herein, shall not create contractual rights of the Property Owner against the City nor contractual obligations of the City to the Property Owner and, to that end, the Property Owner shall have no contractual rights or remedies against the City with regard to any land use actions of the City unless otherwise covered by this Covenant. To that point, except as otherwise expressly set forth herein, the City has not waived any rights or remedies by taken the action set forth herein or any successive development orders and reserves any and all rights and remedies available 3 1 P a g e to the City under controlling law including, but not limited to, the protections under the laws pertaining to sovereign immunity. Section 3. Burdens Run With The Land. (a) The benefits and burdens set forth in this Covenant touch and concern the property described herein and shall be a perpetual burden upon said lands and shall run with the lands forever unless released in writing signed by the City and the Property Owner. The burdens and benefits shall inure to the benefit and bind the heirs, successors and assigns of the property. (b) The City and the Property Owner is a perpetual beneficiary of the terms and conditions of this Covenant. Section 4. Termination. The Property Owner and the City agrees that this Covenant shall only be terminated upon the filing of an agreement in the Official Records of Seminole County, Florida executed by the City and the Property Owner, or by virtue of any subsequent development order that may be issued by the City (but not at any expense to the City) at the request of the Property Owner. Section 5. Attorneys Fees. Should the City or the Property Owner be required to enforce the terms and conditions of this Covenant through judicial action, the City or the Property Owner shall be entitled to an award of its reasonable and actual attorneys fees, whether pre-trial, at trial or on an appeal, as well as reasonable and actual paralegal expenses, and any and all other fees and costs actually incurred. Section 6. Integration Clause/Entire Covenant. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated into this Covenant. No modification or change in this Covenant shall be 4 1 P a g e valid or binding upon the parties unless in writing, executed by the parties to be bound thereby. DATED this I day of May, 2022. SIGNATURE BLOCKS FOLLOW: 5 1 P a g e WI TNESMATTEST.• Witnes's #.1'Sign6ture -, Witness# 1 Printed Name: - STATE OF FLORIDA ) COUNTY OF On th , COVENANT AND AGREE: AMH DEVELOPMENT LLC, a Delaware limited liability company /_.--A;4 Geoffrey Reid Vice President — Land Acquisition I Hereby Certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Geoffrey Reid, who has acknowledged, under oath, executing the same in the presence of subscribing witnesses freely and voluntarily and they are personally known to me or provided as identification. Witness my hand and official seal in the County and State last aforesaid this 2'� day of May, 2022. (Affix Notary Seal) Notary Public; State of �-- �p1' �,j / Print Name: -T()nLVa ADDITIONAL SIGNATURE BLOCK FOLLOWS: .��aJ;c� TONYAMANNING Notary Public -State of Florida of Commission B HH 018074 My Comm. Expires Jul 6, 2024 Bonded through National Notary Assn. 6 1 P a g e APPROVAL BY THE CITY OF SANFORD APPROVED BY the Cityaf Sanford, Florida this GI day of ��, 2022. u t ATTEST: `�`:.. V'` . CITY OF SANFORD Traci Houchin, MMC, FC City Clerk Eileen Hinson AICP ;3 Director of Planning Acting As Administrative Official ah Shei enb rger Clerk of Development Services Department EXHIBIT FOLLOWS: 71 Page EXHIBIT A Seminole County Development Order [attached] 8 1 P a g e FILE NO.: PZ2021-08 DEVELOPMENT ORDER # 21-20000003 SEMINOLE COUNTY DEVELOPMENT ORDER On November 9, 2021, Seminole County issued this Development Order relating to and touching and concerning the following described property: Lots 1 to 8, Crippens Subdivision, according to the Plat thereof, as recorded in Plat Book 1, Page 90, of the Public Records of Seminole County, Florida. (The above described legal description has been provided to Seminole County by the owner of the above described property.) FINDINGS OF FACT Property Owner: Palmetto Avenue Baptist Church Inc. Project Name: Palmetto Pointe Rezone Requested Development Approval: Rezone from R-1A (Single Family Dwelling) to R- 1A (Single Family Dwelling), and approve the associated Development Olyder on approximately 39.29 acres, located on the east side of Sipes Avenue, approximately'/ mile south of E. Lake Mary Boulevard. The Development Approval sought is consistent with the Seminole I County Comprehensive Plan and will be developed consistent with and in compliance to applicable land development regulations and all other applicable regulations and ordinances. The development conditions and commitments stated below will run with, follow and perpetually burden the above described property. Prepared by: Joy Giles, Senior Planner 1101 East First Street Sanford, Florida 32771 GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2021162071 Bk:10121 Pg:123-125(3Pgs) REC: 12/13/2021 3:13:00 PM by jeckenroth RECORDING FEES $27.00 ---------------------------------------------------------------------- Certified Copy - Grant Maloy ,„__,Y` Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 12/14/2021 09:47:33 -05:00 Seminole County, Floridan ); eCertified Id: B2A9-05L1-C11 N DEVELOPMENT ORDER # 21-20000003 Order NOW, THEREFORE, IT IS ORDERED AND AGREED THAT: (1) The subject application for development approval is GRANTED. (2) All development must fully comply with all of the codes and ordinances in effect in Seminole County at the time of issuance of permits including all impact fee ordinances. (3) The conditions upon this development approval and the commitments made as to this development approval, are as follows: A. Permitted Uses are detached single-family residential homes and their customary accessory uses as defined in the Seminole County Land Development Code. B. Maximum Net Density: 2.95 DU/net buildable acre C. Maximum Building Height: 35 feet (2 stories) D. Minimum Lot Size: 75 feet x 120 feet / 9,000 sq ft E. Minimum Width at Building Line: 75 feet F. Minimum House Size: 1,800 square feet G. Building setbacks will comply with the R-1A (Single Family gwelling) zoning district. H. A minimum of fifteen (15) percent open space will be provided in accordance with the Seminole County Land Development Code. I. The development will provide an 18,000 square foot Active Park as part of the required open space calculation. J. The developer will construct a masonry wall along the property frontage on Sipes Avenue and an opaque fence along the remaining perimeter of the project site to be located along the inside edge of perimeter buffer. K. The developer shall provide a pedestrian circulation system within the development. Sidewalks must comply with the Land Development Code of Seminole County. L. Access will be from Sipes Avenue. The Developer will be required to improve Sipes Avenue to County standards; the details of the roadway improvements will be determined during Preliminary and Final Engineering Plans. The Developer will be responsible for the cost of all right-of-way improvements. M. The Developer must construct a sidewalk along Sipes Avenue from Pine Way to E. Lake Mary Boulevard. The Developer will be responsible for the cost of all right-of-way improvements. N. The Developer must dedicate a minimum of twenty-five (25) feet of additional right-of-way along the property's Sipes Avenue frontage to accommodate the required sidewalk and drainage improvements. I 2 I I - -------------------------------------------------------------------- Certified Copy - Grant Maio y o a,.�.., , Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller _ eCertified at 12/14/2021 09:47:33 -05:00 Seminole Comity, Florida eCertified Id: B2A9-05L1 -C1 1 N DEVELOPMENT ORDER # 21-20000003 O. All project signage must comply with the Land Development Code of Seminole County. P. Homeowner's Association or Property Owner's Association must be created to manage all common areas and facilities. (4) This Development Order touches and concerns the above described property and the conditions, commitments and provisions of this Development Order will perpetually burden, run with and follow this property and be a servitude upon and binding upon this property unless released in whole or part by action of Seminole County by virtue of a document of equal dignity with this Order. (5) The terms and provisions of this Order are not severable and in the event any portion of this Order is found to be invalid or illegal then the entire order will be null • and void. (6) All applicable state or federal permits must be obtained before commencement of the development authorized by this Development Order. (7) Issuance of this Development Order does not in any way create any rights on the part of the Applicant or Property Owner to receive a permit from a state or federal agency, and does not create any liability on the part of Seminole County for isshance of the Development Order if the Applicant or Property Owner fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. (8) This Order becomes effective upon recording with the Seminole County Clerk of the Court. Done and Ordered on the date first written above. SEMINOLE COUNTY BOARD OF COUNTY COMMISSIONERS i By: Cd! r ' CIO VN, I �, I fika&!0 1 Certified Copy - Grant Malloy Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court 1n Comptroller ", �� `; Seminole County, Florida = eCertified at 12/14/2021 09:47:33 -05:00 eCertified Id: B2A9-05L1 -C1 1 N ti. nP EXHIBIT B Approved Site Plan [attached) 9 1 P a g e EXHIBIT "A" LEGAL DESCRIPTION: Lots 1 to 8, CRIPPENS SUBD, according to the plat thereof as recorded in Plat Book 1, Page 90, of the public records of Seminole County, Florida. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. .................................................. ................................................. ................................................. ................................................ ............................................... ............................................... .............................................. ............................................. ............................................. ............................................ .................. ..........................:.:.................... A A i PROPERTY I.D.# PROPERTY OWNER PROPERTY ADDRESS 16-20-31-502-0000-0010 AMH DEVELOPMENT, LLC 3981 SIPES AVE 11D PROPERTY ZONING I ACRES COUNTY I CITY R-1 A I SR-1 A l 39.94 FILE NO.: PZ2021-08 DEVELOPMENT ORDER # 21-20000003 SEMINOLE COUNTY DEVELOPMENT ORDER On November 9, 2021, Seminole County issued this Development Order relating to and touching and concerning the following described property: Lots 1 to 8, Crippens Subdivision, according to the Plat thereof, as recorded in Plat Book 1, Page 90, of the Public Records of Seminole County, Florida. (The above described legal description has been provided to Seminole Countyby the owner of the above described property.) FINDINGS OF FACT Property Owner: Palmetto Avenue Baptist Church Inc. Project Name: Palmetto Pointe Rezone Requested Development Approval: Rezone from R-1 A (Single Family Dwelling) to R- 1 A (Single Family Dwelling), and approve the associated Development Order on approximately 39.29 acres, located on the east side of Sipes Avenue, approximately'/ mile south of E. Lake Mary Boulevard. The Development Approval sought is consistent with the Seminole i County Comprehensive Plan and will be developed consistent with and in compliance to applicable land development regulations and all other applicable regulations and ordinances. The development conditions and commitments stated below will run with, follow and perpetually burden the above described property. Prepared by: Joy Giles, Senior Planner 1101 East First Street Sanford, Florida 32771 GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2021162071 Bk:10121 Pg:123-125(3Pgs) REC: 12/13/2021 3:13:00 PM by jeckenroth RECORDING FEES $27.00 ---------------------------------------------------------------------- Certified Copy - Grant Maio y - Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court in Comptroller ? eCertified at 12/14/2021 09:47:33 05:00 Seminole Count}, Florida '' eCertified Id: B2A9-05L1-C11 N DEVELOPMENT ORDER # 21-20000003 Order NOW, THEREFORE, IT IS ORDERED AND AGREED THAT: (1) The subject application for development approval is GRANTED. (2) All development must fully comply with all of the codes and ordinances in effect in Seminole County at the time of issuance of permits including all impact fee ordinances. (3) The conditions upon this development approval and the commitments made as to this development approval, are as follows: A. Permitted Uses are detached single-family residential homes and their customary accessory uses as defined in the Seminole County Land Development Code. B. Maximum Net Density: 2.95 DU/net buildable acre C. Maximum Building Height: 35 feet (2 stories) D. Minimum Lot Size: 75 feet x 120 feet / 9,000 sq ft E. Minimum Width at Building Line: 75 feet F. Minimum House Size: 1,800 square feet G. Building setbacks will comply with the R-1A (Single Family Dwelling) zoning district. H. A minimum of fifteen (15) percent open space will be provided in accordance with the Seminole County Land Development Code. I. The development will provide an 18,000 square foot Active Park as part of the required open space calculation. J. The developer will construct a masonry wall along the property frontage on Sipes Avenue and an opaque fence along the remaining perimeter of the project site to be located along the inside edge of perimeter buffer. K. The developer shall provide a pedestrian circulation system within the development. Sidewalks must comply with the Land Development iCode of Seminole County. L. Access will be from Sipes Avenue. The Developer will be required to improve Sipes Avenue to County standards; the details of the roadway improvements will be determined during Preliminary and Final Engineering Plans. The Developer will be responsible for the cost of all right -of --way improvements. M. The Developer must construct a sidewalk along Sipes Avenue from Pine Way to E. Lake Mary Boulevard. The Developer will be responsible for the cost of all right-of-way improvements. N. The Developer must dedicate a minimum of twenty-five (25) feet of additional right-of-way along the property's Sipes Avenue frontage to accommodate the required sidewalk and drainage improvements. I 2 I --------------------------------------------------------------------- Certified Copy - Grant Maloy Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller Seminole Coma}, Florida !; eCertified at 12/14/2021 09:47:33 -05:00 eCertified Id: B2A9-05L1 -C1 1 N DEVELOPMENT ORDER# 21-20000003 O. All project signage must comply with the Land Development Code of Seminole County. P. Homeowner's Association or Property Owner's Association must be created to manage all common areas and facilities. (4) This Development Order touches and concerns the above described property and the conditions, commitments and provisions of this Development Order will perpetually burden, run with and follow this property and be a servitude upon and binding upon this property unless released in whole or part by action of Seminole County by virtue of a document of equal dignity with this Order. (5) The terms and provisions of this Order are not severable and in the event any portion of this Order is found to be invalid or illegal then the entire order will be null and void. (6) All applicable state or federal permits must be obtained before commencement of the development authorized by this Development Order. (7) Issuance of this Development Order does not in any way create any rights on the part of the Applicant or Property Owner to receive a permit from a state or federal agency, and does not create any liability on the part of Seminole County for issuance of the Development Order if the Applicant or Property Owner fails to obtain 'requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. (8) This Order becomes effective upon recording with the Seminoles County Clerk of the Court. Done and Ordered on the date first written above. SEMINOLE COUNTY BOARD OF COUNTY COMMISSIONERS l By: AeU�_ rifin 6, C fiifxrran ' �� t•.��� ..... "mil; � " 0 i 0 Certified Copy - Grant Maio Seminole County Clerk of the Circuit Court and Comptroller Clerk of the Circuit Court an Comptroller eCertified at 12/14/2021 09:47:33 -05:00 Seminole County. Florida �" '� eCertified Id: B2A9-05L1 -C1 1 N