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3755ORDINANCE NO. 3755 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 0.24 ACRES OF PROPERTY LYING BETWEEN W. SR 46 AND NORTHSTAR COURT EXTENDED EASTERLY AND BETWEEN S. WHITE CEDAR ROAD AN D CENTRAL PARK DRIVE (100 S. WHITE CEDAR ROAD) FROM AG, AGRICULTURE, 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: LOT 4 (LESS RD) W B MUNSONS SUBD PB 5 PG 94 be and the same is hereby rezoned to PD, Planned Development zoning district and the Planned Development Master Plan is attached as Exhibit "A" 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 #02-0043. 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/'L~' day of ~, A.D., 2002. ATTEST: 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. 3755, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the/all'day of Ordinance No. 3755 ~-~~ ,2002, was posted at the front door of the City Hail in the City of Sanford, Florida, on the ('~day of ~,~ ,'~002. As/the City Clerk of thet~ity ~/ of Sanford, Florida CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify onthe /-~' dayof ~(~,¢~ff~f-/',2002, thatthefullyexecutedDevel°pmentOrder was received by me within ninety (90) days of the date of adoption of this ordinance and said Development Order was recorded by me on ~ ~.~ff.~(TU, / -7 ,2002, in O.R. 8ookOZ~(~ ~-~' , Page (~"~., Public Records of Seminole County, Florida, As~he City Clerk of tl'~ City of Sanford, Fiorida k\Sharon~2002\Sanford\Ordinances~3755 - pd rezone.wpd Ordinance No. 3755 l i[ 2J]] I1 .C 17 I,II 9:26 CITY OF SANFORD DEVELOPMENT ORDER No. 02-0043 On October 14, 2002, City of Sanford issued this Development Order relating to and touching and concerning the following described property: LOT 4 (LESS ROAD) W B MUNSONS SUBDIVISION PB 5 PG 94 (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: Dawn and Charles Volkema, JR. 100 White Cedar Road, Sanford, Florida 32771 Project Name/Address: Volkema PD - 100 White Cedar Road Parcel Number(s): 28-19-30-501-0000-0040 Requested Development Approval: Rezone property to Planned Development for Restaurant 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 Development Order No. 02-0043 - Volkema PD Page 1 of 3 . . FILE NUM 2002993545 OR BOOK 04635 PAGE 0733 (3) (4) (5) fee ordinances. 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) (b) (c) (d) (e) All Development is to be in accordance with the Volkema PD Master Plan dated July 11, 2002; All Development shall be in accordance with the City of Sanford's Land Development Regulations; Structure shall comply with all City building and fire codes; An opaque fence shall be constructed to buffer the adjacent single-family home; Site shall be developed in accordance with Sanford's gateway corridor standards for slgnage with the freestanding sign not exceeding 50 square feet; 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 ora 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. 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 app~ved and authorized for execution by the City Co~iss'~on at their~meJl~ing of ..~_L~6ec ~q, .)c~Og B y:(~tT~"~(~~ Date: I ~.qS' J~l~ ~(l~er, AICP  Direct/off of Engineering and Planning Development Order No. 02-0043 - Volkema PD Page 2 of 3 FILE NUM 2002993545 OR BOOK 04635 PAGE 0734 OWNER'S CONSENT AND COVENANT COMES NOW, C:~'~IA(' ~. ~:'~.h >ltq \JO! .~e gl'l.0'- 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. Witness D Witness Owner STATE OF FLORIDA COUNTY OF SEMINOLE 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 iCL O and who did take an oath. ~10 t ,~ 'r~ WITNESS my hand and official seal in the County a~ State last afore~id this ~ ):{} uvcou.iSS,O., ccsso,,s ,xmas ~ Public. in and for the County an~ ~:~i;~ Septem~r 1~, 2003 ~ ,~:e 9~DED ~ ~OY FAIN I~ INC StYe aforementioned. Development Order No. 02-0043 - Volkema PD Page 3 of 3 Seminole County SR 46 REZONE W 1ST ST 1 Seminole County PD Rezone (AG to PD) 100 South White Cedar Road Parcel ID: 28-19-30-501 ~0000-0040 Representative: Charles L. Volkema Jr. JIUSERSlBALEVICNIWorkspaceslRezonellO0 S White CedarPD-AjdUses