3674 ORDINANCE NO. 3674
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 64.39 ACRES OF
PROPERTY LYING BETWEEN NORTH WAY EXTENDED
EASTERLY AND PINE WAY AND BETWEEN PARK
NATIONAL DRIVE EXTENDED SOUTHERLY AND
SANFORD AVENUE; FROM AG, AGRICULTURE. MI-2,
MEDIUM INDUSTRIAL, AND PD, PLANNED
DEVELOPMENT, 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 herein.
SECTION 2: The rezoning action herein is subject to the conditions provided for
and agreed to in the Development Order #01-0019.
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/~ day ' Y'Z/,~A'..A.D., 2001.
ATTEST: MAyO~r..A.U.,
CITY CLERK'
As the City Commission of the
City of Sanford, Florida
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
'ifi F,j, OT'v'JCj:, 01, wa posted at t e front door of the City Hall in the City of Sanford,
of Sanford, Florida
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Ordinance No. 3674
CERTIFICATE
,2001, in
O.R. Book Page/F~,~, Public Records of Seminole County, Florida,
A~ ~~ lerth
of Sanford, Florida
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Ordinance No. 3674
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CITY OF SANFORD DEVELOPMENT ORDER
No. 01-0019
On I,a o.ae~bee X~-, ZOO~ , 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: Magnolia Plantation Partners LC, 235 S Maitland Blvd, Maltland, FL 32751
Tax Parcel Numbers: 18-20-31-300-0020-0000, 18-20-31-300-002A-0000 18-20-31-300-0040-0000, 18-20-31-300-004B-0000
Requested Development Approval: Planned Development Rezone for Magnolia Park PD
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
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.
Development Order No. 01-0019 - Magnolia Park Revised PD Page I of 4
FILE NUM 2001787836
OR BOOK 04236 PAGE 1076
(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 September 10, 2001.
Co) A Preliminary Subdivision Plan and Subdivision Improvement Plans shall be
submitted and approved by the city and constructed as approved by the city
prior to any utilization of the site.
(c) The screen wall shall be brick faced and be configured along all required buffer
areas including the north, east and southerly property lines adjacent to single-
family residential properties. The screen wall adjacent to Baker's Crossing
shall be of the same design and landscape treatment.
(d) An appropriate entrance feature shall be required to be submitted and reviewed
by staff prior to engineering approval.
(e) There shall be no access to Pine Way.
~.~(f) There shall not be a connection between Baker's Crossing and Magnolia Park
PD to allow for cross access and traffic circulation.
(g) Successful vacation of that specified portion of Me!lonviile Avenue right of way
by both City of Sanford and Seminole County as determined by jurisdictional
control;
(h) Access shall be provided through Magnolia Park PD to those specific parcels
enclosed by Magnolia Park PD, Baker's Crossing and Rose Hill as a provision of
the Vacate of Me!lonville Avenue.
(i) Mitigation of wetlands will be per St. John's River Water Management District
requirements including site evaluation, mitigation determinations and evidence
of compliance.
0) All lots shall have a minimum width of sixty (60) feet and a minimum parcel
area of 6,900 square feet.
(k) That verbal and written disclosures shall be provided to all prospective buyers
with the below-described easements or buffers:
(1) Access Easements, and
(2) Environmental Control Easements,
(3) Drainage Easements, and;
(4) Wetland Buffers.
The form of such written disclosures shall be provided to the City by the Developer and must be
approved by the City prior to use. Further, all property owners with such easements shall sign
an agreement, in a form acceptable to the City, that acknowledges that construction of
structures and/or permanent improvements including but not limited to pools, sheds, porches,
and patios are not permitted in these easements. Also, the instrument shall state that no
modification of easements, environmental control easements or buffers shall be permitted
unless specifically approved by the City. Such written disclosure statements shall be recorded in
Seminole County's official records by the Developer, acknowledging said easement. Further, a
statement shall be provided that states that the property owner will pot request variances to
these provisions.
(4) This Development Order touches and concems the afore described property and the
Development Order No. 01-0019 - Magnolia Park Revised PD Page 2 of 4
FILE NUM 2001787638
OR BOOK 04236 PAGE 1077
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 N,~e,~ hrr I~-,
or o n meenn and Pla~ningf~ByJ
Development Order No. 01-0019 - Magnolia Park Revised PD Page 3 of 4
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