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3667 ORDINANCE NO. 3667 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID ORDINANCE BEING AZONING PLAN; SAID AMENDMENT TO CHANGE THE ZONING OF 71.06+ ACRES OF PROPERTY LYING BETWEEN CELERY AVENUE AND EAST 20TM STREET AND BETWEEN SUMMERLIN AVENUE SOUTH AND BRISSON AVENUE; FROM OASIS PD, A PLANNED DEVELOPMENTWITH MIXED USES TO CELERY PLANTATION, PD, A PLANNED DEVELOPMENT WITH UP TO 301 SINGLE FAMILY LOTS; 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 re~erence as if fully set forth he~ein. SECTION 2: The rezoning action herein is subject to the conditions provided for and agreed to in the Development Order #01-0028. 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/rc2-~ day of ,~zJ_x~-x-r'A.D., 2001. ATTEST: MAYOR s 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 ~ F~,2 1,wasp stedatthefrontdooroftheCityHallintheCityofSanford, F~on the/~ay of~001. . ~;City Clerk o~~ of Sanford, Florida "2'- Ordinance No. 3667 CERTIFICATE on the , that the fully executed Development Order O.R. Book ~ ~ ~, Page/~ , Public Records of Seminole County, Florida, of Sanford, Florida ]:~NAH\FILES~001 \Sanford\Ordinances\3667 pd rezone.wpd --3-- Ordinance No. 3667 LEGAL DESCRIPTION THE EAST I/4 OF THE NORTHWEST I/4 OF THE NORTHWEST I/4 AND THE WEST 427 FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST I/4 AND SOUTH 147.65 FEET OF THE EAST 893 FEET T OF THE NORTHEAST I/4 OF THE NORTHWEST 1/4, LESS THE WEST 125 FEET OF THE EAS 1018 FEET OF THE NORTH 215 FEET OF THE NORTHEAST I/4 OF THE NORTHWEST I/4, SECTION 32, TOWNSHIP 19 SOUTH. RANG~ 31 EAST, SEMINOLE COUNTY, FLORIDA. - THE EAST 893 FEET OF THE NORTHEAST I/4. OF THE NORTHWEST 1/4 OF SECTION 32. ./TOWNSHIP 19 SOUTH, RANGE 31 EAST (LESS THE NORTH 8 CHAINS OF THE EAST 10 CHAINS THEREOF. AND LESS THE SOUTH 147.65 FEET THEREOF AND LESS THE WEST 233 FEET OF THE EAST 893 FEET OF THE NORTH 182 FEET OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32. TOY~'.ISHIP 19 SOUTH. RANGE 31 EAST AND ALSO LESS ORE--HALF OF CELERY AVENUE ON THE NORTH SIDE AND LESS ONE--HALF OF BRISSON AVENUE ON THE EAST SIDE OF THE ABOVE DESCRIBED PROPERTY). * ~ THE WEST 316 1/2 FEET OF THE EAST 660 FEET OF THE NORTH 8 CHAINS OF THE '* :" ' NORTHEAST I/4 OF THE NORTHWEST I/4- OF SECtiON 3.2, TOWNSHIP 19 SOUTH, RANGE 31 EAST, LESS THE WEST 316 I/2 FEET OF THE EAST 660 FEET OF THE NORTH 162 FEET OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32. TOWNSHIP 19 SOUTH, RANGE 31 EAST. · . _- THE EAST 3/4- OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, SECTION 32. TOWNSHIP 19 SOUTH, RANGE 31 EAST ('LESS RAILROAD RIGHT--OF--WAY ON THE NORTH SIDE). TOGETHER VdTH: A STRIP OF LAND 50 FEET IN WIDTH, LE., 25 FEET 1A4'DE ON EACH SIDE OF THE CENTER LINE OF THE ROADBED OF GRANTOR'S FORMER MAIN TRACK; SAD STRIP OF LAND TO COMMENCE AT THE WESTERN LINE OF BRISSON AVENUE AND EXTEND WESTWARDLY 965 FEET AS RECORDED IN Ct"F'ICIAL RECORDS BOOK 1388, PAGE 0101, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, AND; THE NORTHEAST I/4 OF THE NORTHWEST I/4 OF SAID SECTION 3'2, LESS THE FOLLOIefNG DESCRIBED PARCELS ALL IN .SECTION 32, TOWNSHIP 19 SOUTH, RANGE 31 EAST: THE WEST 4.27 FEET OF THE NORTHEAST I/4- OF THE NORTHWEST I/4: THE EAST 893 FEET OF THE NORTHEAST I/4 OF THE NORTHWEST 1/4; THE NORTH 8 CHAINS OF THE EAST 10 CHAINS OF THE NORTHEAST I/4 OF THE NORTHWEST I/4: THE SOUTH 147.65 FEET OF THE EAST 893 FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST I/4; THE WEST 233 FEET OF THE EAST 893 FEET OF THE NORTH 162 FEET OF THE NORTHEAST I/4 OF THE NORTHWEST I/4; THE WEST f25 FEET OF THE EAST 1018 FEET OF THE NORTH 215 FEET OF THE NORTHEAST I/4 OF THE NORTHWEST 1/4; AND ONE-HALF OF CELERY AVENUE ON THE NORTH SiDE AND ONE-HALF BRISSON AVENUE ON THE EAST SIDE THEREOF. CONTAINING 71.06 ACRES, MORE OR LESS.. Celery Plantation Planned Dev~ NCRTHEA~TIXOFl~ENORTP~t~ST114'LESSIHEVIi~ST125FEETOFI~EEI'STIOlOFEETOF June 2001 ~E~TBB3FE~OF~ENOR~T~THEN~I~OFSE~32,~mlp19 Prepared for: T~sHIp,os~.~3I~T~O~LEss~E~tFoF~LERyA~E~.E 1031 W. Morse Blvd.,Suite 325 o.c.,..P.~.~ ~nter Pa~, Florida 32789 ~E E~T ~4 ~ ~E S~ 1~ OF ~ NOR~ST 1/4. $EC~ 32, T~ 19 S~. 1. Rev. 7/19/0 1 per DRC 7/17t01 ~ ~,.~ __ 108 Units SEMINOE Ex~ing ~b COU~ ~ ~ .... ~- Phase III _ _ L 93 L~ I' 3h~seII I ' ~' EXiSTiNG DRAIN.~GE DITCH 81 '~= ""'" - .I -_ ......,,~,-,.-. ,-.,..-.~ T ::;:,, T t ~ o~ ,' X WAY . . I L_ _ ~ , ,, , IIIIIIIIIIIIIIIfilIIEIIIHI!IilIIIIIIIIIIHIIIIIIIIIIfilW , I~RYANNE NDR~E~ CLERK OF CIRDJZT COURT _. ~ BK 04a06 PG 1070 CLERKs S ,t a001770085 CITY OF SA2~FOR]) DEYELOPM Ei'Yt~tI~!I~PI~I~:$/2001 11:21:58 No. 0]-0028 RECORDIN8 FEES REaRlID SY N N01den On 5~f-r~.n~& to, 2,,~ol , City of Sanford issued this Development Order relating to and touching and conceniing the following described property: (Lega~ Attached) .... ""'~ (The aforesaid legal description has been provided to the City of Sanford by the owner of the afore described property) r- FINDINGS OF FACT o r~ Property Owner: Wyman Fields Foundation, 207 N. Moss Road, #105, Winter Springs, Florida 32708 r- ProjectName/Address: Celery Plantation-2151 Celery Avenue d ,n Parcel Number(s): 32-19-31-300-0170-0000; 32-19-31-300-0180-0000; ~ ~ 32-19-31-300-0230-0000; 32-19-31-300-0210-0000 (master); ~ :~. ~ Requested Development Approval: Celery Plantation PD Rezone - PD Master Plan t~ ~ 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 ~ ~o ~ ~o ~ v- regulations and all other applicable regulations and ordinances. ~ mo The owner of the property has expressly agreed to be bound by and subject to the o <5 development conditions and commitments stated below and has eovenanted and agreed to have m . such conditions and commitments run with, follow and perpetually burden the afore described o · property. -. r- ~ ORDER ~eq.~ m ~ .. NOW, THEEFOE, it is ORDERED AND AGREED THAT: o ~ n~ (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. 01-0028 - Celery Plantation Page 1 of 4 FILE NUM 20017700E~5 OR BO01~ 0420(~ PAGE 3071 : (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: 10, MEDIUM DENSITY RESIDENTIAL TO LDR-SF, LOW DENSITY RESIDENTIAL SINGLE FAMILY; (b) ALL DEVELOPMENT SHALL BE IN ACCORDANCE WITH THE CELERY PLANTATION PD MASTER PLAN AND _ DEVELOPMENT OI~DER NO: 01-0028; (e) SUBMITTAL AND APPROVAL OF THE REQUIRED SUBDIVISION IMPROVEMENT PLANS (FINAL ENGINEERING) IN ACCORDANCE TO SANFORD'S LAND DEVELOPMENT REGULATIONS; (d) A BRICK WALL WITH AN APPROPRIATE ENTRANCE FEATURE ON CELERY AVENUE CONSISTENT WITH THE APPROVED CELERY FARMS SUBDIVISION APPROVED ON THE NORTH SIDE OF CELERY AVENUE. DEVELOPER SHALL PROVIDE AND DEDICATE ADDITIONAL SPACE FOR A MAJOR, HIGH QUALITY ENTRY I~EATURE ON CELERY AVENUE. PROVIDE MINIMUM SIX INCH DIAMETER TREES (AT 4 5 FEET ABOVE GRADE) ALONG CELERY AVENUE; (e) A BRICK ENTRY FEATURE AND WALL SHALL BE PROVIDED ON BRISSON AVENUE ALONG THE SIX LOTS NORTH OF THE ENTRY AND ONE LOT SOUTH OF THE ENTRY. IN ADDITION, A VINYL WALL SItALL BE PROVIDED ADJACENT TO BRISSON AVENUE WITH LANDSCAPE PROVIDED IN COMPLIANCE WITH THE CITY'S GATEWAY CORRIDOR STANDARDS. (f) ALL LANDSCAPE ADJACENT TO BRISSON AVENUE AND CELERY AVENUE SHALL HAVE IN-GROUND IRRIGATION. (g) ALL REQUIRED SITE IMPROVEMENTS, UNLESS SPECIFICALLY DEDICATED TO THE CITY OF SANFORDs SHALL BE MAINTAINED BY THE HOME OWNERS ASSOCIATION. (h) FRONT YARD SETBACKS FOR GARAGES SHALL BE A MINIMUM OF 15 FEET. (i) ALL LOTS FRONTING CELERY AVENUE AND BRISSON AVENUE NORTH OF THE ENTRANCE ROAD TO BIllSSON AVENUE SHALL BE A MINIMUM OF SIXTY(60') FEET WIDE. (j) THE REVIEW AND APPROVAL OF SUBDIVISION IMPROVEMENT PLANS (FINAL ENGINEERING); Development Order No. 01-0028 - Celery Plantation Page 2 of 4 -~ FILE NUM 2001770085 " OR BOOR 04206 PAGE 1072 (k) THE PSP APPROVAL FOR CELERY PLANTATION SHALL BE VALID FOR A PERIOD OF SIX (6) MONTHS PRIOR TO THE SUBMITTAL OF A FINAL PLAT (pursuant LDR, Article VI, Section 6.5.G) (1) THE FINAL PLAT IS TO BE REVIEWED, APPROVED AND RECORDED PRIOR TO_THE ISSUANCE OF ANY ............ _~_CER-T~IoFICATESD~CCUPANCY. (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 follo_w the said property_andbe a sev~_itud~e _up_on and binding upon_saidproperty 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-fe~f~,-IV, By: Ja ~ter, AICP Development Order No. 01-0028 - Celery Plantation Page 3 of 4 FILE NUM 2001770085 OR BOOK 04206 PAGE ~073 OWNER'S CONSENT AND COVENANT co~4~s Now, ~4y~ V,'~ Fv~,4~ ,Z~-the owner<s> of the afo~ described propeay in ~i~pe_yel, Opm~nt Or~r~ on beh~fofitself~d its heirs, successors, assi~s or ~sferees of ~y nature whatsoever ~d consents to, a~ees wi~ ~d covenants to perfoma ~d fully abide by the provisions, terns, con~tions ~d comi~ents set fo~ in this Development Order. ~"'~ imess ~ ~,s~ . ~er . Wimess STATE OF FLORIDA COUNTY OF SEMiNOLE who is personally known to me or who has produced 3~_i~-g \ q:B~o as identification and who did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this 0 day of C'~C~.A._ , ~,m\. : . ..~ uv cout~lss~ou#ccs~o , State aforementioned. F:X~HA-ENGxI)eve~pmentReviewx~8~Deve~pment~s~2~\~4~28.Ce~/P~anta~i~n~2~Ce~etyAve-V~.~ Development Order No. 01-0028 - Celery Plantation Page 4 'of 4 FILE NUM 2001770085 OR BO0~{ 0~,206 PAGE 107~, · ' L~GAL DESCRIPTION THE EAST I/4 OF THE NORTHWEST I/4 OF THE NORTHWEST I/4 AND THE WEST 427 FEET OF THE NORTHEAST I/4 OF THE NORTHWEST 1/4 ANO SOUTH 147.65 FEET OF THE EAST 893 FEET OF THE NORTHEAST I,/4 OF THE NORTHWEST 1/4, LESS THE WEST 125 FEET OF THE EAST 1018 FEET OF THE NORTH 215 FEET OF THE NORTHEAST I/4 OF THE NORTHWEST I/4, SECTION 32, TOWNSHIP 19 SOUTH, RANGE 31 EAST, SEMINOLE COUNTY, FLORIDA · · --. THE EAST 893 FEET OF THE NGRTHEAST I/4 OF THE NORTHWEST 1/4 OF SECTION 32, ,,. TOWNSHIP 19 SOUTH, RANGE 31 EAST (LESS THE NORTH 8 CHAINS OF THE EAST 10 CHAINS THEREOF, AND LESS THE .S~tJTH 147.65 FEET THEREOF AND LESS THE WEST 233 FEET OF THE EAST 893 FEET OF THE NORTH 182 FEET OF SAID NORTHEAST I/4 OF THE NORTHWEST I/4 OF SECtiON 32, TOWNSHIP 19 SOUTH, RANGE 31 EAST AND ALSO LESS ONE--HALF OF CELERY AVENUE ON THE NORTH SIDE AND LESS ONE-HALF OF BRISSON AVENUE ON THE EAST SIDE OF THE ABOVE DESCRIBED PROPERTY). - .. · THE WEST 316 1/2 FEET OF 1HE EAST 660 FEET OF THE NORTH 8 CHAINS OF THE · ' "/' NORTHEAST 1/4 OF THE NORTHWEST I/4. OF SECTION 32° TOWNSHIP 19 SOUTH, RANGE 31 EAST. LESS THE WEST 316 1/2 FEET OF THE EAST 660 FEET OF THE NORTH 182 FEET OF SAID NORTHEAST 1/4 OF THE NORTHY~*ST I/4 OF SECTION 32, TOWNSHIP 19 SOUTH, RANGE 31 EAST, .. - . ~ ?* THE EAST 3,/4 OF THE SOUTHEAST I/4 OF THE NORTHWEST 1,/4, SECIION 32, TOWNSHIP 19 SOUTH, RANGE 31 EAST (LESS RAILROAD RIGHT--OF--WAY ON THE NORTH SIDE). TOGETHER WITH: A STRIP OF LAND 50 FEET IN WIDTH, LE.o 25 FEET V~fDE ON EACH SIDE OF THE CENTER LINE OF THE ROADBED OF GRANTDR°S FORMER MAIN TRACK; SAID STRIP OF LAND TO COMMENCE AT THE WESTERN LINE OF BRISSON AVENUE AND EXTEND WESTWAROLY 965 FEET AS RECORDED IN OFFICIAL RECORDS BOOK 1388, PAGE 0101, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA° ~ AND, .!~. :.;: THE NORTHEAST !/4 OF THE NORTHWEST 1/4 OF SAID SECTION 32° LESS THE FOLLOWING DESCRIBEDIPARCELS ALL IN SECTION 32° TOWNSHIP 19 SOUTH, RANGE 31 EAST: THE WEST 427 FEET OF file NORTHEAST 1/4 OF THE NORTHWEST I/4; THE EAST 893 FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST I/4; THE NORTH 8 CHAINS OF THE EAST 10 CHAINS OF THE NORTHEAST !/4 OF THE NORTHWEST I/4; THE SOUTH 147.65 FEET OF THE EAST 893 FEET OF THE NORTHEAST.I,/4 OF fi'IE* NORTHWEST I/4~; THE WEST 233 FEET OF THE EAST 893 FEET OF THE NORTH. IB2 FEET OF THE NORTHEAST I/4 OF THE NORTHWEST I/4: THE WEST 125 FEET OF THE :EAST. 1018 FLrET OF. THE NORTH 215. FEET OF THE NORTHEAST :I/4' OF THE NORTHWEST.]/4; ~AND ONE--HALF OF CELERY AVENUE ON THE NORTH SIDE AND ONE-HALF BRISSON AVENUE ON IHE EAST SIDE THEREOF. CONTAINING 71.06 ACRES. MORE OR LESS.