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3769 ORDINANCE NO. 3769 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3530 OF SAID CITY; SAID ORDINANCE BEING PLANNED DEVELOPMENT ORDER; SAID AMENDMENT TO CHANGE THE ZONING OF 84.5+ ACRES OF PROPERTY LYING BETWEEN THE CENTRAL FLORIDA GREENEWAY AND CR 46A AND BETWEEN UPSALA ROAD AND S. OREGON AVENUE FROM SEMINOLE TRACE PLANNED DEVELOPMENT, TO GREYSTONE TOWNHOUSES 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 #02-0055. SECTION 3: Severabilit¥. 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 ADOPTED /~ day of ~_~I-/~'U~ AND this .D., 2003. JC)-FY CLERK U e /~ ~~mission of the Gity 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. 3769, PASS~p AND ~)~OPTED by the City Commission of the City of Sanferd, Florida, on the ~day of L~/~J~[/,.Z~ , ,2,~03, was~3o_sted at the front door of the City Hall in the City of Sanford, ~lorida, on(t/ne//-/~ day o~--~,~ . 2003. A~the City Clerk of tt'~City (/ of Sanford, Florida Ordinance No. 3769 CERTIFICATE I.~.J,a/~,et R. Dou~lhe~ty, City Clerk of the City of Sanford, Florida, do hereby certify onthe,¢r-¢'~ dayof :~/-Y_Lf~'~-L.~.~ ,2003, thatthefullyexecutedDevelopmentOrder was received by me within ninety~90) days of the da~e of. adoption of this ordinance and said Development Order was recorded by me on -J:~/~¢~¥~ I.L~ L~-' ,2003, in O.R. Book ~;¢-~ ¢.~, Page /'~,,~..~,7 , Public Records of Semi~le County, Florida, ,~ the City Clerk of tl~ City (/ of Sanford, Florida I:\Sharon~2002\Sanford\Ordinances~3769 - pd rezone.wpd Ordinance No. 3769 LEGAL DESCRIi'TION: THE N B OF THE SW ¼ OF THE NE ¼ LESS THE N 2 ½ CH. AND THE S 10 CH. OF THE E 10 CH. AND THE S 17 V2 CH OF THE W 16.28 CH. OF THE NW ¼ AND THE N 3/4 OF THE NE ¼ OF THE SW ¼ AND THE N V2 OF THE SE ¼ OF THE NW ¼ OF THE SW ¼ ALL IN SEC 33 TWP 19S RGE 30E, SAID PROPERTY LYING AND BEING IN SEMINOLE COUNTY, FLORIDA, LESS R-O-W ON W (CONTAINING 79.3 AC) AND BEG AT THE NE COR OF THE NE ¼ OF THE NW ¼ OF THE SW ¼ OF SEC 33 TWP 19S RGE 30E, SEMINOLE COUNTY, FLORIDA; RUN S 00040'53" E ALONG THE E LiNE OF SAID NE ¼ OF THE NW ¼ OF THE SW ¼, 332.23 FT; THENCE N 89°51'12" W 671.81 FT; THENCE N 00058'45" W 332.23 FT; THENCE S 89°51'12" E 673.54 FT TO THE POB, LESS R-O-W ON W (CONTAINING 5.13 AC) The property being more generally described as 2215 Oregon Avenue. CITY OF SANFORD DEVELOPMENT ORDER No. 02-0055 On ~, 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 San ford by the owner of the afore described property) FINDINGS OF FACT Property Owner: Indian Trace Apartments, LC 1399 W. SR 434, Longwood, Florida 32750 Project Name/Address: Greystone Townhomes - 2215 Oregon Avenue Parcel Number(s): 33-19-30-300-0090-0000, 33-19-30-300-023C-0000, 33-19-30-300-0240-0000, and 33-19-30-300-0250-0000 Requested Development Approval: PD Rezone site to amend the PD Master Plan 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 ORDER NOW, THEREFORE, it is ORDERED AND AGREED THAT: (1) The aforementioned application for development appro(,al 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 property. Page I of 4 Development Order No. 02~0055 - Greystone Townhomes FILE NUN 200303~94 OR BOOK 04723 PRGE [803 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: (a) (b) (c) (d) (e) (0 (g) (h) (i) O) (k) (I) Rename the "Seminole Trace PD" to "Greystone Townhouses PD"; Development Order 02-0055 to supercede Development Order 01-0016 as recorded in ORB 4086 Page 1827; The site shall be developed generally in accordance with the Greystone Townh~omes Planned Development Master Plan dated October 30, 2002; Any development on land considered environmentally sensitive or wetlands shall be mitigated as required by state and local jurisdictional requirements; A Preliminary Subdivision Plan and Subdivision Improvement Plan shall be submitted with the site constructed and approved by the City prior to any utilization of the site; A Final Plat is to be reviewed, approved and recorded prior to issuance of any certificates of occupancy; Clearing and Grubbing Permit #01-1802 shall no longer be valid. A new site development permit shall be issued only after all necessary approvals are achieved; All access rights along the rear of all townhome lots fronting Oregon Avenue are to be dedicated to the City in addition to a 6' brick wall being construction along the length of Oregon Avenue (not including the entrance) to mitigate for double frontage lots; Brick walls (not stucco) shall be provided adjacent to all single family development which includes Mayfair Oaks and the Nettles property; Oregon Avenue to Rinehart will be the major construction ingress and egress; Sidewalks are required along at least one side of all streets located within the community; and The Developer or his successors shall be required to pay a proportionate share of the signalization of CR 46A and Oregon Avenue and Oregon Avenue improvements; ~ (4) Development Order No. 02-0055 - Greystone Townhomes 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 Page 2 of 4 FILE NUM ~03034~g~ (5) 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. 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 approve~d and authorized for execution by the City Commission at their m ~i~ ~) ~..oql . ,,.,/ ( ~#~,~r/.~.~? Date: ~._10 ~ BY:J aY R/~/,~d. er,AICP / [ Dire4t~ fl.'of Planning and Community Developmeflt Development Order No. 02-0055 - Greystone Townhomes Page 3 of 4 FILE NUM 2003034494 OR BOOK 04723 PAGE 1805 OWNER'S CONSENT AND COVENANT COMES NOW, ~lOJ'lc'~ ~Uffl(dll ~ ~ '~3r~, 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 Witness Owner STATE OF FLORIDA [/~"..~eomm"..? c.n,s,,u^L ~w.,~l[ ~~ ~ m. ~ oTm~ I CO~TY OF SEM~OLE ' I~~.~ I II~t~ I HE,BY CERTWY that on this day, before me, ~ officer duly authohzed in the State ~d County aforesaid to take ac~owledments, personally appeared M[~ ~[e~ .. _ who is personally known to me ~ ~a as ~ and who did take an oath. day of WITNESS my hand and official seal in the County and State last aforesaid this N~a(-y ~'ublic, in and for the County and State aforementioned. Development Order No. 02-0055 - Greystone Townhomes Page 4 of 4 · ' FILE NUM 2003034494 OR BOOK 047~3 PAGE 1806 LEGAL DESCRIPTION: THE N V4 OF THE SW ¼ OF THE NE ¼ LESS THE N 2 V2 CH. AND THE S 10 CH. OF THE E 10 CH. AND THE S 17 V2 CH OF THE W 16.28 CH. OF THE NW ¼ AND THE N ¼ OF THE NE ¼ OF THE SW ¼ AND THE N V2 OF THE SE ¼ OF THE NW ¼ OF THE SW ¼ ALL IN SEC 33 TWP 19S RGE 30E, SAID PROPERTY LYING AND BEING IN SEMINOLE COUNTY, FLORIDA, LESS R-O-W ON W (CONTAINING 79.3 AC) AND BEG AT THE NE COR OF THE NE ¼ OF THE NW ¼ OF THE SW ¼ OF SEC 33 TWP 19S RGE 30E, SEMINOLE COUNTY, FLORIDA; RUN S 00040'53'' E ALONG THE E LINE OF SAID NE ¼ OF THE NW ¼ OF THE SW ¼, 332.23 FT; THENCE N 89°51'12" W 671.81 FT; THENCE N 00o58'45'' W 332.23 FT; THENCE S 89°51'12'' E 673.54 FT TO THE POB, LESS R-O-W ON W (CONTAINING 5.13 AC) PD REZONE PD Rezone 2215 Oregon Avenue Parcel ID: 33-19-30-300-0090-0000 33-19-30-300-023C-0000 33-19-30-300-0240-0000 33-19-30-300-0250-0000 r r