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3768 ORDINANCE NO. 3768 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 13.84 + ACRES OF PROPERTY LYING BETWEEN SMITH CANAL ROAD AND ST. JOHNS PARKWAY AND BETWEEN CENTRAL PARK DRIVE AND UPSALA ROAD FROM AG, AGRICULTURE, AND RI-l, RESTRICTED INDUSTRIAL, 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: SEE EXHIBIT "A" A'I-I'ACHED 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 #02-0034. 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 AND ADOPTED this~/~' /-~-~' day of-//~z;'~('''Zf~ ~¢~ , A.D., 2003. ATTEST: MAYO'Rr ~' ' ,~'iTY CLERK U /J ",:/ 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. 3768, PAS.~F_~). AND ~ADOPTED by the City Commission of the City of Sanford, Florida, on the~.~'day of ~ ~/~.~;~ ,20~3, was I~osted at the front door of the City Hall in the City of Sanford, /,Florida, or~e~Jday of ~ I~()~A~ .~, 2003. As,~e City Clerk of the Ofr(y of Sanford, Florida Ordinance No. 3768 CERTIFICATE I, Janet R. Doughf~rty, C, ity Clerk of the City of Sanford, Florida, do hereby certify onthe II'/~ dayof ('/(j~r~/ ,2003, thatthefullyexecutedDevelopmentOrder was received by me within' ninety (90) days of the dat~e of a~dop!i,op of this ordinance and said Development Order was record/~ed by me on f( ? [ t.~'. / ~r ,2003, in O.R. Book l~--~-z~ , Page 04 I~) , Public Records of Seminole County, Florida, As~'he City Clerk of the~ity ~/ of Sanford, Florida I:\Sharon~2003\Sanford\Ordinances~3768- pd rezone.wpd Ordinance No. 3768 "111 ii ill Il iii il Ill II III ii Ill II Iii Ilill II Iii ii IIIII illllB CITY OF SANFORD DEVELOPMEbrr ORDER No. 02-0034 On ?iaa ~ar-u 2.-[~ 7-/203 , City of Sanford issued this Development Order relating to and touching and concelming 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: Robert Maksimowicz & Marie T. Figueiredo & James N. Figueirdo 530 S Highway 427, Suite 116, Longwood, Florida 32750 Project Name/Address: Upsala South Business Park Parcel Number(s): 28-19-30-506-0000-029B & 28-19-30-506-0000-0360 Requested Development Approval: Rezone to PD, Planned Development for industrial uses 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 descr/bed property. 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 this development approval, all of which have been accepted by and agreed to by the owner of the property are as follows: Development Order No. 02-0034 - Upsala South Business Park Page ! of 3 FILE NUM 2003061509 OR BOOK 04779 PAGE 0911 (a) (b) (e) (d) (e) (0 (g) All Development is to be generally in accordance with the PD Master Plan for Upsala South Business Park dated December 4, 2002; All Development shall be in accordance with the City of Sanford's Land Development Regulations; A Preliminary Subdivision Plan and Subdivision Improvement Plans shall be submitted and approved by the Development Review Team and constructed a~ approved by the City prior to any use or development of the site; A Final Plat shall be reviewed, approved and recorded prior to the issuance of any certificates of occupancy; Access to UpsalaRoad shall be limited to the subdivision entrance road. All other vehicular access points to Upsala Road shall be prohibited. The subdivision shall be permitted one subdivision entrance sign not exceeding 32 square feet in size and not exceeding 6 feet in height. Design is to be reviewed and approved by staff prior to required permitting; There shall be no junkyards permitte, d within the subdivision; (4) This Development Order touches and concerns the afore described property and the conditions, commitments and provisions of this Development Order shall perpetually burden, mn 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 d~cument 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 Cqamfmsion at their meeting of ~a^,,,~,, Z? , 2.o~ B y'. -~~~~ie: /Ii ire or of Engineering and planmng Development Order No. 02-0034 - Upsala South Business Park Page 2 of 3 FILE NUM 2002061509 OR BOOK 04779 PAGE 0912 OWNER'S CONSENT AND COVENANT COMES NOW, t~Ehf 3~. ~cixe~-e-~O ~ 1~1 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 Owner Witness 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~.[gto take_~acknowledgments, personally appeared ~0g',~ ~-. ~e, who is person~own to me. or who has produced /t//~l~ as idL%ttification and who Cdid ra~e an oat< h.'"-~ ~ W~, S~y hand.and, official seal in d State last aforesaid this day o~ ,z;~7C~ the ~.~ ran ~/.'t'lk'~':.~ Com~.~**o.#O~~. ,~avZ,~ ! k No't~- Ublic' in an~/f~h Countyand F't%~.'?~# ~o~ ~ I ~SlSite aforementioned. Development Order No. 02-0034 - Upsala South Bnsiness Park Page 3 of 3 FILE NUM 200~061509 OR BOOK 04779 PAGE 0913 UPSALA SOUTH BUSINESS PARK Development Order Attachment LEGAL DESCRIPTION: LOT 29 (LESS 1 AC SQ IN NW COR) SMITHS 3RD SUBD PB 1 PG 86 AND W 453.19 FT & N 252.02 FT OF E 138.77 FT OF W 591.96 FT OF LOT 36 (LESS SANFORD CENTRAL PARK) SMITHS 3RD SUBD PB 1 PG 86. FI~ NUM ~003061509 C Seminole County-- ZONE PD Rezone (AG to RI-l) 1185 Upsala Road Parcel ID: 28-19-30-506-0000-029B 28-19-30-506-0000-0360 Representati~,'e: Robert J. Maksimowicz