3764ORDINANCE NO. 3764
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 57.3 + ACRES OF
PROPERTY LYING BETWEEN CENTRAL FLORIDA
GREENEWAY AND HUGHEY STREET EXTENDED
EASTERLY AND WESTERLY AND BETWEEN VIHLEN
ROAD EXTENDED NORTHERLY AND SOUTHERLY AND
THE CENTRAL FLORIDA GREENEWAY; FROM AG,
AGRICULTURE AND SR-1A, SINGLE FAMILY
RESIDENTIAL, 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" 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 #02-0049.
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 (
ATTEST:
CLERK {-///
MAY
)R
~¢z//2¢_-.~/.-, A.D., 2003.
mission 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. 3764, PASS, E.,D AND
/~,I~)OPTED by the City Commission of the City of Sanford, Florida, on the/-~:ZEday of
L_j~/,/~ , ..2,qO3, was p~osted at the front door of the City Hall in the City of Sanford,
~,orida, onl~e/__~_ day of ~4AFA~ 2003~.~. ,/,, ~{~/~/~
~s the City Clerk of th~'City
of Sanford, Florida
Ordinance No. 3764
CERTIFICATE
IA Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
on the ~.¢-~ day of ~'~ ~ l~.~ ~' ~ 12003, that the fully executed Development Order
was reCeived by me within ninety ({~0) days of the date of adoption of this ordinance and
said Development Order was recorded by me on /~PJ~(~ I '~ ,20031 in
O.R. Book 0~'~'0 , Page ~/-~¢-- , Public Records of Seminole County, Florida,-
I~e City Clerk of tl'~City ~'
of Sanfordl Florida
h\Sharon~2002\Sanford\Ordinances~3764- revised.pd rezone.wpd
Ordinance No. 3764
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Kay's Landing
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Master Plan .~ .'.~ ~,~ I ~:','" J ~" I ::,:, I :~ J~,, !:_ ! I
PD Rezone (Al, SR-IA to PD)
800 VihJen Road
Parcel ID: 26-19-30-5AE-2400-0000
26-19-30 5AE 4000 0000
34-19-30- 5AK-0B00-0370
34-19-30 5AK-OBO0-0490
34- I 9-30-SAK-0BO0~0560
Seminole County--~ .-
CITY OF SANFORD DEVELOPMENT ORDER
No. 02-0049
IIIII II Iii # Illll III II Iii Ii IE II B Il III fl III II III II III IIIII
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.
Page 1 of,~'~"
Development Order No. 02-0049 - Kay's Landing
On ,'~ I '~: 2.00 ~ , City of Sanford issued this Development Order relating to
and touching and conceming the following described property:
(Legal Description Attached)
(The aforesaid legal description has be~n provided to the City of Sanford by the owner of the afore described property)
FINDINGS OF FACT
Property Owner: Alan D. Shoemaker, Trustee & Tammy S. Hanes & Elizabeth S. Corso
PO Box 1885, Sanford, Florida 32772
Project Name/Address: Kay's Landing - 800 Vihlen Road
Parcel Number(s): 34-19-30-5AK-0B00-0490 (lesss lot 53), 34-19-30-SAK-0B00-0370
34-19-30-5AK-0B00-0560, 26-19-30-5AE-2400-0000 &
26-19-30-5AE-4000-000
Requested Development Approval: Rezone property to Planned Development for Single Family
Residential 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 described
property.
(3)
(4)
(5)
FILE NUM 2003057472
OR BOOK 04770 PAGE 0453
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)
The site shall be developed generally in accordance with the Kay's
Landing Planned Development Master Plan dated October 8, 2002;
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 Type One, masonry wall in accordance with Schedule J, Land
Development Regulations shall be installed along the proposed 60 foot
drainage tract abutting all existing single family residential parcels of
record;
Any development on land considered environmentally sensitive or
wetlands shall be mitigated as required by state and local
jurisdictional requirements;
A Final Plat is to be reviewed, approved and recorded prior to
issuance of any certificates of occupancy.
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 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 approved and authorized for execution by the City Commission
Ja._~R./~arder, AICP ~
tor of Planning and Community Developmeht
Development Order No. 02-0049 - Kay's Landing Page 2 of~S ~'
OWNER'S CONSENT AND COVENANT
COMES NOW, Elizabeth S. Corso, Tammy S. Hanes and Alan Dean Shoemaker, as Trustee,
the owners 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 perform and fully abide by the provisions, terms, conditions and commitments set forth
in this Development Order.
Print Nan~ Here
Witness
£iga Nacre H~.re
Witness
Elizabeth S. Corso
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 Elizabeth S. Como who is
.Eersonally 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
o~t~e~~, 2003. %~)~'~9 ~' d fo the County and~
Notary Public, in an ~.~,,~.~,~
State aforementioned.
Development Order No. 024)049 - Kay's Landing
Witness
1
FILE NUM 2003057472
O.x~Q BOOK~y~04770 PAGE 0455
Tammy S. Hanes
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 to take acknowledgments, personally appeared Tammv S. Hanes who is
p~rso~nallv known Lo 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 ~/~,/,.-~.~,., ,2003.
Notary Public, in ~tnd'for~he County and
State aforementioned.
Development Order No. 02-0049 - Kay's Landing
FILE NUM 2003057472
OR BOOK 04770 PAGE 0456
Witness
Witness
Alan Dean Shoemaker Trust dated
June 12, 2000
Alan Dean Shoemaker, as Trustee
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 Alan Dean Shoemaker, as Trustee
ofthe Alan D?/n Shoemaker Tmst dated June 12,2000 whoispersonallyknowntome~._orwho has
produced ~//~ as identification and who did take an' bath. '
/'")//WITNESS my hand and official seal in the County and State last aforesaid this oZ! .~c day
ot~ ,2003.
Notary Public, in ~tnd fmkthe County and
State aforementioned.
Development Order No. 02-0049 - Kay's Landing
FILE NUM 2003057472
OR BOOK 04770 PAGE 0457
Legal Description: PARCEL l: The S ½ of Blocks 24, 25, 40, & 41 (Less the E 625 fi thereof), M. M.
SMITH'S SUBDIVISION, according to the plat thereof, as recorded in PB 1, PG 55, of the Public
Records of Seminole County, Florida and PARCEL 2: Lot 37 (LESS the E 625 ft of the N 215 ft AND
ALSO LESS the E 60 ft lying S of the N 215 ft), Lot 38 (LESS the E 60 ft), Lots 39, and 40 (LESS the E
60 ft AND ALSO LESS that part in 4TH RAVENNA PARK SECTION OF LOCH ARBOR, according
to the plat thereof, as recorded in PB 14, PG 66, of the Public Records of Seminole County, Florida), Lot
46 (LESS that part lying in said 4TH RAVENNA PARK SECTION OF LOCH ARBOR AND ALSO
LESS that part lying in 3RD RAVENNA PARK SECTION OF LOCH ARBOR, according to the plat
thereof, as recorded in PB 14, PG 22, of the Public Records of Seminole County, Florida), all Lots 47, 48,
49 and 50, Lot 51 (LESS that part lying in said 3RD RAVENNA PARK SECTION OF LOCH ARBOR,
AND ALSO LESS R-O-W for Vihlen Rd), Lot 54 (LESS R-O-W for Vihlen Rd), all of Lots 55, 56, and
Lot 57 (LESS R-O-W for Vihlen Rd) all in Block B, M. M. SMITH'S SECOND SUBDIVISION,
according to the plat thereof, as recorded in PB 1, PG 101, of the Public Records of Seminole County,
Florida and PARCEL 3: The N 1/2 of vacated West 20th St adjacent to the S line of Lot 40, Block B, and
the vacated un-named R-O-W lying adjacent to and in between the W Line of Lot 46 and the E line of Lot
5 I, Block B, M. M. SMITH'S SECOND SUBDIVISION, according to the plat thereof, as recorded in PB
1, PG 101, of the Public Records of Seminole County, Florida. (LESS that part lying in 4TH RAVENNA
PARK SECTION OF LOCH ARBOR, according to the plat thereof, as recorded in PB 14, PG 66, of the
Public Records of Seminole County, Florida.) LESS PARCEL 4: That portion as described in the
Resolution of Taking No. 98-R-77, by The Board of County Commissioners of Seminole County, Florida,
as recorded in Official Records Book 3413, Page 625, of the Public Records of Seminole County, Florida
and ALSO LESS PARCEL 5: That portion as described in the "Order of Taking" recorded in Official
Records Book 3667, Page(s) 1946 through 1963 and the related "Final Judgment" recorded in Official
Records Book 4085, Page(s) 1950 through 1963, of the Public Records of Seminole County, Florida, in
favor of the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and SEMINOLE
COUNTY. Being subject to any rights-of-way, restrictions and easements of record.