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3673 ORDINANCE NO. 3673 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 31t7 OF SAID CITY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT CHANGING THE ZONING OF 7.71~: ACRES OF PROPERTY LYING BETWEEN ORLANDO DRIVE AND C.R. 427 AND COUNTY HOME ROAD AND ORLANDO DRIVE; FROM MR-3, MULTIPLE FAMILY RESIDENTIAL, TO GC-2, GENERAL COMMERCIAL; 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, Flodda passed and adopted July 27, 1992 said Ordinance being the Comprehensive Zoning Ordinance of the City of Sanford, FIodda, 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 from MR-3, Multiple Family Residential, to GC-2, General Commercial zoning district. SECTION 2: The rezoning action herein is subject to the conditions provided for and agreed to in the Development Order No. 01-0034. 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 its passage and adoption. PASSED AND ADOPTED this~'~day of (~~A.D. 2001. MAYOR ATTEST: As the City Commission of the City of Sanford, Florida CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Ftodda, do hereby certify that a true and correct copy of the foregoing Ordinance No. 3673~SED AND ADOPTED by the City Commission of the City of Sanford, Flodda, on the~3c,~-~--~ay of ~, 2001, was posted at the front door of the City Hall in the City of Sanford, Flodda, on the~day of ~~, 2001. of Sanf0rd, Florida -2- Ordinance No. 3673 CERTIFICATE I, J net R. Dou herty, City Clerk of the City of Sanford, Florida, do hereby certify on the ~ day of ~ ,200,~at the fully executed Development Order was received by me ~n n;ne~(90) days of the date of adoption of this ordinance and of Sanford, Florida C:\WINDOWS\TEMPX3673-REI.WPD "3- Ordinance No. 3673 BC-2 MR-2 AG -/ J~..~R-2 GC-2 ~;:: ~: '!.::~::..: REZONE ,,~ _ REQUEST .o.T~"~ d~ '~' Rezone 4249 Orlando Drive Applicant: Mike Ha~taway z/~ Parcel ID: 22-20-30-300-003A-0000 ~ 11111 II III II III I1 III II III II III II III II III II III II IH II fil IIIII CITY OF SANFORD DEVELOPMENT ORDER No. 01 - 0034 On Oc~o~ec z~-, ~c~o ~ , 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 Owner: Paradise Dev. Group, Inc., 2901 Rigsby Lane, Safety Harbor, FL 34695 Project Name/Address: Paradise Property - 4249 Orlando Drive Parcel Number(s): 22-20-30-300-003A-0000 and 22-20-30-300-003B-0000 Requested Development Approval: Rezone property from MR-3 to GC-2 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. (3) The conditions upon this development approval and the commitment made as to Development Order No. 01-0034 - Paradise Development Group - 4249 Orlando Drive Page 1 of 3 FILE NUM 2002810251 OR BOOK 04285 PAGE 0568 this development approval, all of which have been accepted by and agreed to by the owner of the property are as follows: (a) All development shall comply with the City of Sanford Land Development Regulations and all other City Codes. Development of the property shall also be designed in accordance to U.S. Highway 17&92 Redevelopmerit standards established and approved by the 17&92 Corridor Redevelopment Committee. (b) Multiple-Family Residential (apartment) land uses shall be permitted in accordance to the MR-3 zoning standards. (c) Indoor Wholesale and Storage land uses shall be p~rmitted. (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 covertanted 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 0d-. 7_7_ , ~gineering and Planning Development Order No. 01-0034 - Paradise Development Group - 4249 O~ando Drive Page 2 of 3 FILE NUM 2002810251 OR BOOK 04285 PAGE 0569 OWNER'S CONSENT AND COVENANT Michael T- Wagner, Vice President of COMES NOW, Paradise DeveloDment GrouD, Inc. the owner(s) of the afore described property in this Development Order, on behalf of itself and its heirs, successors, assigns or transferees of any nature whatsoever and consents to, agrees with and covenants to performa and fully abide by the provisions, terms, conditions and commitments set forth in this Development Order. PARADISE DEVELOPMENT GROUP, INC., YOrE ~o~/Zt~ Michael T. Waqner, Vice President Witness Owner SUZETI'F- HILB~-RT Witness STATE OF FLORIDA COUNTY OF l~lit, K~l<l~X p IN EL LAS I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared M i c h a e 1 T. Wa q n e r, a s V i c e who is personally known to me or who has produced ................... as P r e s i d e n t o f identification and who did take an oath. P a r a d i s e Development V(iTNESS my hand and official sea] in the County and State last aforesaid this Group, Inc. , a day of January , 2002. Florida corp. Development Order No. 01-0034 - Paradise Development Group - 4249 Orlando Drive Page 3 of 3 FILE NUN ~O0~BtOg51 ~'~ OR BOOK 04285 pAGE o57Q ~ .' · EXHII3I']' "A" ~fZ:{~,,:::~:,~i~:::J~,~ FEEr ~:~ ~: ~-TILE' ~UI~LY ~ '~ WAY ~E ~ STATE ~?~"~.3~.!S FEg~,::~gN~.~/'~'2''~ ~.TH ~ ~' ~T.~ FEET F~ A ~NT.~ . 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