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3659 ORDINANCE NO. 3659 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 0.781 ACRES OF PROPERTY LYING BETWEEN NARCISSUS AVENUE AND W. S.R. 46 AND BETWEEN CREEK ROAD AND MONROE ROAD; FROM PCD, PLANNED COMMERCIAL 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 #01-0020. 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 of~ , A.D., 2001~ ATTEST: MAYOR ~ ~ 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 that a true and correct copy of the foregoing Ordinance No. 3659, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the ~, day of As h ~ty Clerk of the City of Sa~rd ,. Elorida ._ tG~ "2'- Ordinance No. 3659 CERTIFICATE was received by me withi~y(~O) days of the date of adoption of this ordinance and As the City Cler.k of the City -_ of Sar,?,j~,,;~/~da h\NAH\FILES~2001 \Sanford\Ordinances\3659 pd rezone.wpd "3- Ordinance No. 3659 EXHIBIT "A" LEGAL DESCRIPTION: The N 75.00' of the S 380.00' of the W 124.00' of Lot 96,(LESS the W 15.00' thereof for Road Right-of-Way); AND the S 205.00' of the E 106.00' of the W 124.00' (LESS State Road) and the N 100.00' of the S 305.00' of the E 120.00' of the W 124.00' of Lot 96 (LESS the W 15.00' of the N 100.00' of the S 305.00' of the W 124.00' of said Lot 96 for Road Right-of-Way); together with the N 100' of the ~80' of the W 124' of Lot 96 Florida Land & Colonization Co. ~td.~W. Beardall's Map of St. Joseph's, as recorded in Plat Book 1, Page 114, of the Public Records of Seminole County, Florida (LESS the W 15' thereof for Road Right-0f-way). Containing herein 0.781 acres. The property being more generally described as 3990 W. 1~= Street. ~ I P-'T---~'- ~ ' --"--'--~" · ,~. __~. "~ - -.,~.- ""~"~';;';ii~,_~'';'''~ ~~~"" · ~ .__' __ - ......_-_-_- .....- ..........;~.-- _-_ ....._. ...... EXISTING OONDITIONS PAVING &DRAINAGE I~,djacent Uses ~, Vacant Seminole Coun~ ST RD 46 -- AG : ~ Vacant P [:) __ Seminole County I~ ~ Stratford ~ Point Storage Apartments Plus RC-1 , L( ST RD 46 - / J Star-A-Way PD ~ ' I AG PD  ~ PD ' ~ ~ .o -Seminole County PD ~ / NORTH ' PD Bezone 39~0 West 1 st Street-National Car Wash ' Applicant: Karl Bie~reund Parcel ID: 16-19-30-5AC-0000-0960 16- ] 9-30-SAC-0000-096A o -- F/UserslBalevicNIworkspaceslrezone/3990 w lst-AdjUseslnse IlnltlliigHlllllllllllHlHIIIIIllllllllllllltlllllllllll CITY OF SANFORD DEVELOPMENT ORDER No. 01-0020 · uc~iin , City of Sanford ass ned this Development Order relating to and to g the following described property: (Legal De~efiptlo~ Attached) (Theaf~resaid~ega~descripti~nha~b~mpr~vid~dt~eCityof~anfordbythe~wn~r~ftheaf~redesc~bedpmperty) FINDINGS OF FACT P. mperty Primera Development Corp. and Charles J. Faist Oxx .~ex.q: S21 Silver Gate Loop 4004 W. SR 46 Lake Mary,'F!or~da 32746 Sanfoi'il,' Florida 32771 Pro~ect Name/Address: National Car Wash - 3990 W. 1~* Street Parcel Number(s): 16-19-~0-5AC-00O0&960116-19-30-SAC-0000-096A; 16-19-30-$AC- 0000-096B Requested D~velopm~t Approval: lopm ght i City of Sanford Comprehensive The dove ent approval sou s consistent with the Plan and will be developed consistent with and in compliance to applicabl~ land devel~pment appli gulati regulations and all other cable re ons and ordinances. Th~ owner of the property has expressly agre~ct ~o be bound by and sabj~ct to th~ development conditions and ~ornraitment~ ~tated below and has ~,ovenanted and agreed to have ,quch e.~nfiitinn.q and commitment~ rv.n with. follow and perpetually burden the afore described ORDER NOW, THEREFOR.E, 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 the ordinances. Developraent Oxdar No, 01-0020 - National Car Wash - ,~990 W, 1n Street Page I of 3 (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 propmy are as follows: (a) 5ITE SHALL BE DEVELOPED IN ACCORDANCE TO THE NATIONAL CARWASH - SANFORD PD MASTER PLAN DATED B,IA.Y 3~ 20019 (b) ALL DETAILING OF AUTOMOBILES IS TO BE DONE WITHIN T~IE CAR WAS[-I SERVICE AREA OR BEHIND THE BUILDING TO SCREEN ACTMTIES FROM THE SR 46 GATEWAY CORRII~OR. (c) ALL OUTDOOR ACTIVITIES SHALI~ BE SCREENED FROM ADJOINING PROPERTY LINES; (d) EVIDENCE OF A CROSS ACCESS EASEMENT/AGREEMENT HAVING BEEN DEDICATED TO THIS PROPERTY SHALL BE PROVIDED FOR ACCESS RIGHTS ACROSS TIIE SEMINOLE COUNTY PROPERTY TO THE WEST OF THIS SITE. (e) ALl, RF, QTrI'REf} TREES W"fTI.ITN [.ANDSCAPE BU~'IyERS ABUTTING A RIGHT~OF~WAY SHALL HAVE A MINIMUM SIX (6) INCH CALlPER AT FOUR AND ONE HALF (4 ~) FEET ABOVE GRADE. (4) This Development Order touches and concerns the a~i~re descnbect propmy and the conditions, commitments and provisions of this Development Order shall perpetually burden, rtui wi~h and fol~ow the said pi'ope~'ty and b~ a a~t-vitud~ upon and bindin~ upon sa~d property unless released in whole or part by action of the Ci~f of Sanford by virtue efa document of equnl dignity herewith. The owner of the said property has expressly covertanted and agreed to this provision and all other ~erms and provisions of this Development Order. (5) The terms and provisions of this Order ar~ not severable and in the event any portion of this Order shall b~ found to be innlid vr ill~gal th~n ~he entire order shall be null and void. D~ne and Ordered nn the date first above. As approv~d and authorized fo~ execution by the Cit Coxxuniss[7)t at tlwh' awctiug of · coring and Planning ,-- o frJ Dovclopmcnt Ozdcr No. 01-0020 - National Car Wash ~ 3990 W. 1'~ Street Page 2 of 3 k0 F0 OWNER',~ CONSENT AND COVENANT COMES NOW,/~/cbae/~. :/~14rr~y C/Vah~l C~r~,~o~ff(s) ofthe~o~ described prop~ffy ~ this Developm~nt'O~r, on behalf of ~ts~lf ~d its h~s, successors, ~si~s or ~sfereas of ~y ~ wha~oever ~d consents to, agnes ~ ~d coven~ts to perfoma md f~ly abide by th~ pro~sio~, terns, conditions md co~ts set fo~ m ~s ~r Wimess STATE OF FLORIDA COUNTY OF SEMINOLE t HEKEBY CERTIFy that on this day, before me, an officer duly authorized in the State .and Coumy aforesaid te take acknowledgments, personally appeared ~; c[,~d E. N]u who is ~_Lally known to m~r who has pwduc~d as identificaUon and who did take an oath, V/~'ESS my hand and official seal in the County and State last aforesaid this day of ~q~,~t,z4r , ~-Oc~! . State aforementioned. D~velopm~n~ Ord~ No- 01-00'~0 - N~tlona! C~r V~/~sh, ~990 v0V- 1~ Street PaSo ~ o~ LEGAL DESCRIPTION: The N 75.00' of the S 380.00' of the W 124.00' of Lot 96,(LESS the W 15.00' thereof for Road Right-of-WaY); AND the S 205.00' of the E 106.00' of the W 124o00' (LESS State Road) and the N 100.00' of the S 305.00' of the E 120.00' of the W 124.00' of Lot 96 (LESS the W 15.00' of the N 100.00' of the S 305.00' of the W 124.00' of said Lot 96 for Road Right-of-WaY); together with the N 100' of the 480' of the W 124' of Lot 96 Florida Land & Colonization Co- Ltd.-W- Beardall's Map of St. joseph's, as recorded in Plat Bookl, Page' 114, of the public Records of Seminole county, Florida (LESS the W 15' thereof for Road Right-0f-waY)- Containing herein 0.781 acres- The property being more generally described as 3990 W. 1~t Street.