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3635 ORDINANCE NO. 3635 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3'117 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO CHANGE THE ZONING OF 2.28+ ACRES OF PROPERTY LYING BETWEEN S.R. 46 AND NORTHSTAR COURT AND BETWEEN CREEK ROAD AND UPSALA ROAD; FROM A-l, 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: The West 1/2 of Lot 12, M.M. SMITH'S THIRD SUBDIVISION, according to the plat thereof as recorded in Plat Book 1, Page 86, Public Records of Seminole County, Florida. be and the same is hereby rezoned to PD, Planned Development zoning district and the Planned Development Master Plan is attached as Exhibit "A" 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 #01-0007. 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. As the City Commission of the City of Sanford, Florida CERTIFICATE I, Janet R. Doughedy, City Clerk of the City of Sanford, Florida, do hereby ce~ify ~ ~ , 2Q01, was posted at the front door of the City Hall in the City of Sanford, of Sanford, Florida "2- Ordinance No. 3635 g£9~ 'oN aoueu!pJO --C-- pd,v,'euozaj pd gggg~seoueu!pJO\pJojueS\~OOc~gg'llJ~NVN\:l ; BOOR PAGE CITY OF SANFO NI~O.DO?.~OEOL~PMENT ORDI~O ~ [ 0 I~ S t' On April 23, 2001, City of Sanford issued this Development Order r~D~,j/~t.taoC~.dFL' 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: Johnson Ventures, Inc. 1255 Belle Avenue, Winter Springs, Florida 32708 Project Name/Location: The Sharp Car Store - 3941 W. 1't Street co Tax Parcel Number: 28-19-30-5AE-0120-0000 Requested Development Approval: PD Rezone to establish The Sharp Car store _. 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 run with, follow and perpetually burden the afore described o~ ~--~ 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. ::~ -<~ (3) The conditions upon this development approval and the commitment made as to co this development approval, all of which have been accepted by and agreed to by the owner of the property are as follows: Development Order No. 01-0007 - Sharp Car Store - Johnson Ventures, Inc. Page I of 3 (A) SITE SHALL BE DEVELOPED IN ACCORDANCE TO THE SHARP CAR STORE PLANNED DEVELOPMENT MASTER PLAN DATED MARCH 7, 2001; (B)NO OUTDOOR REPAIR OR SERVICE IS ALLOWED ON THE SITE; (C) EXCEPT FOR TWO CARS DISPLAYED AT THE FRONT (NORTH SIDE) OF THE SITE, ALL CARS STORED OR DISPLAYED OUTSIDE SHALL BE LOCATED TO THE REAR OF THE PRINCIPAL BUILDING, SOUTH OF THE NORTH BUILDING LINE; (D) ALL OUTDOOR ACTIVITIES SHALL BE SCREENED FROM ADJOINING PROPERTY LINES; (E) A CROSS ACCESS EASEMENT/AGREEMENT SHALL BE PROVIDED WITH ADJOINING PROPERTY OWNER(S) AND A SHARED DRIVEWAY WITH ADJACENT PROPERTIES; m (F)A TREE PRESERVATION PLAN SHALL BE PROVIDED WITH ~ THE SITE PLAN TO INSURE PRESERVATION OF EXISTING r'- SPECIMEN TREES WHEREVER POSSIBLE ON THE SITE; c~ (G) THE APPLICANT SHALL PROVIDE $2,500 TOWARD LANDSCAPIN~ THE STATE ROAD 46 MEDIAN LOCATED ADJACENT TO AND IN ~f' THE GENERAL VICINITY OF THE SITE. t,~ (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 April 23, 2001. BY~~ofl;;g~neenng and Pl~'~ing Development Order No. 01-0007 - Sharp Car Store - Johnson Ventures, Inc. Page 2 of 3 10 eJo E aged 'auI 'sajnluaA uosuqof - a~olS a~D cheqg - L000-I0 'oN aaPaO IuatudolaAaC[ 'Paa°Buataa~°J~ a~'~S ~ w'~Nngcm-~oa ptr~ A:mnoD ~oJ p~ u~ 'aHqn~ ~oN ~ ............ ~ ~ s~ql p~sajo~ ls~l al~lS P~ ~oD ogl u~ [~os [ep~Jo pu~ pu~q X~ · qleo ue ~1 p~p oq~ pue ~ ~ ~xl~ ' ]~ p~anpo~d seq oq~ ~o Gtu ol ~o~ KIIeuos~d s~ oq~ Vd~O~d ~0 ssaul ~G~O , Y/ '~P~O sN1 u} qUoJ los slua~m~oo p~ suo~l~puoo 's~ol 'suogsTAo~d oqI ~q op~q~ X[i~ p~ ~oMod o, S~UgUOAOO pug ql{~ S00~E 'o, SlUOSUOO p~ 1OAOOS~Eq~ aInlgu XueJo Sao~oJs~l ~o s~ss~ 's~ossooons 'slpq sl~ p~ JIos~! jo Jlgqoq uo '~oP~O ~uamdoloA~Q s~ql u~ X~ado~d poq~osop · NVM~AOD ~NV ~N~SNOD S,H~N~O , LEGAL DESCRIPTION: .. i j THE WEST 1/2 OF LOT 12, M. M. SMITH'S THIRD SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 86, OF THE PUBUC RECORDS OF SEMINOLE COUNTY, FLORIDA. ,, t.