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3679 ORDINANCE NO. 3679 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 31.98 ACRES OF PROPERTY LYING BETWEEN ST. JOHNS PARKWAYAND CENTRAL FLORIDA GREEN EWAY AN D BETWEEN ELDER ROAD EXTENDED SOUTHERLY AND RINEHART ROAD; 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 E~,HIBIT "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 #01-0037. 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. ATTEST: MAY'A'A'A'A'A'A'A'A~~~ 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 01, was posted at th front door of the City Hall in the City of Sanford F,ori day ' ~lerko/~ft~ A of Sanford, Florida CERTIFICATE "2'- Ordinance No. 3679 was received by me within ni(net~(90) days of the dat of adoption of this ordinance and saidDevelo ent rder was recorded by me on\~a4,~ /,j~z:>?~;~::~ of Sanford, Florida I:\CLP~2001 \Sanford\Ordinances~3679 pd rezone.wpd "3'- Ordinance No. 3679 HUV-UO-dUUI IU~ ll:qJ Ht'I bI~N~IKU~,~UINIU~H, UUL~ PH~ NU. 4U/3dU ~6(~ B. 05 LEGAL DESCR~PTrON: Lots 39, 40, 41, 42, 53, and S4, Smith's 3=d Subd, according to the Plat thereof, as recorded in Plat Book 1, Page 86, Public Records of Seminole County, FL together with that portion of Jewett Lane lying S of Lots 39 and 40, and N of Lots 41' and'42 and that portion of the W ~ of Vac ROW lying E of Lots ~2 and 53. LESS and except that portion of Lots 39,;40 and 42 lying N of the S ROW line of proposed St. Johns Parkway as.described in ROW agreement as r~corded Sept. 13, 1995 in official Records Book 2966. PLANNED DEVELOPMENT PROJECT MASTER PLAN FOR REZONI~G FOR SEMINOLE FARMS TRU;ST IV EASTGATE SITE RINEHART ROAD & ST. JOHNS PARKWAY SANFORD, FLORIDA ~,1601 RINEHART ROAD ~CINITY MAP OWNER ELECTRIC SERVICE PERM~FFING AGENCIES CITY OF SANFORD DEVELOPMENT ORDER No. 01-0037 On November 26. 2001, City of Sanford issued this Development Order relating to and touching and conceming the following described property: (The aforesaid legal description has been provided to the City of Sanford by the owner of the afore described property) FINDINGS OF FACT 2001 S.E. 10'h Street i~ lY, Bentonville, Arkansas 72716-0550 Project Name/Address: Wal-Mart Supercenter (Seminole Farms Trust IV Eastgate Site) 1601 ~nehart Road Parcel Number(s): 28-19-30-506-0000-0410-0000 Requested Development Approval: Rezone prope~ to Planned Development .with Commercial Uses The development approval sought is consistent with the City of S~ford Comprehensive Plan and will be developed consistent with ~d in compli~ce to applicable l~d development regulations ~d all other applicable regulations ~d ordin~ces. The owner of the propeay h~ expressly agreed to be bound by ~d subject to the development conditions ~d co~i~ents stated below ~d h~ covenanted and a~eed to have such conditions ~d comi~ents m wi~, follow and pe~etually burden the afore described propeay. O~ER NOW, THEEFO~, it is O~E~D A~ AG~ED THAT: (I) The aforementioned application for development approval is G~NTED. (2) All development shall fully comply with all of the codes ~d ordinances in effect in the City of S~ford, FlOrida at the time of issuance of pe~its including all Development Order No. 01-0037 - Wal-Maa Supercenter - 1601 Rinehart Road Page I of 4 impact fee ordinances. (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: (1) All development is to be in accordance with the approved WaI-Mart Supercenter (Seminole Farms Trust IV Eastgate Site) Planned Development Master Plan dated October 5, 2001; (2) All development shall comply with the City of Sanford Land Development Regulations and all other City Codes; (3) 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. (4) Site shall be developed in accordance with Sanford's SR 46 Gateway Corridor Standards for landscaping; In addition, all required trees within landscape buffers abutting a right-of-way shall have a minimum six (6) inch caliper at four and one half (4 ~) feet above grade. (5) A maximum of two (2) freestanding signs will be permitted for Lot 1, one on Rinehart Road and one on St. John's Parkway; Lots 2 and 3 will be permitted one freestanding sign each. Each freestanding sign for Lot 1 shall not exceed 75 square feet in sign surface area, the signs for Lot 2 and 3 shall not exceed 50 square feet each in sign surface area. No freestanding sign on site shall exceed 15 feet in overall - height. (6) All cart return areas shall be enclosed; (7) No outside storage or display, including vendlug machines; (8) Sidewalk along Rinehart Road shall be designed to Seminole County's Trail Standards for Rinehart Road; (9) The property owner shall agree to install a traffic signal at Rinehart Road entrance as may be required by Seminole County, based on traffic counts prior to or after development. All improvements associated with adding traffic signals shall be permitted through Seminole County and shall be paid by the property owner. (10) Cross access easement between Lot 3 and the seller retained property to the south shall be required. / (4) This Development Order touches and concerns the afore described property and the conditions, commitments and provisions of this Development Order shall perpetually Development Order No. 01-0037 - Wal-Mart Supercenter - 1601 Rinehart Road Page 2 of 4 " ~ OR B, < 04324 PAGE 1999 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 eraire order shall be null and void. Done and Ordered on the date first above. As approved and authorized for execution by the City Commission. ~ct~n'giMneCe~ng and Planning Development Order No. 0t-0037 - Wal-Mart Supercenter - 160l Rinehart Road Page 3 of 4 OWNER'S CONSENT AND COVENANT COMES NOW, Robert hi. Bedard the owner(s) of the afore described property in this Development Order, on behalf of itself m~d its heirs, ~uccessors, 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. Witness Owner Sh i,' Cb¼u, re_,i-,i tl Witness - STATE OF COUNTY OF BENTON I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared ~ ~ who is personally known to me or who has produced ' as identification and who did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of~3~j'v~ , ~o2~ Notary Public, in and for the County and State aforementioned, D~velopment Order No. 01-0037 - Wal-Mart Superceater - 1601 Rinehart Road Page 4 of 4 L-L~ ~)~.f 3NOZ=I~i . .. ..... C]d ~.. C:) --r- CD .o ¢]d L -::)a ~-~)0