3817ORDINANCE NO. 3817
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID
ORDINANCE BEING A ZONING Pl..AN; SAID AMENDMENT
TO CHANGE THE ZONING OF 16.484 ± ACRES OF
PROPERTY LYING BETWEEN SCHOOL ROAD AND
CHURCH STREET AND BETWEEN N. WHITE CEDAR
ROAD AND MONROE ROAD, FROM A-I, AGRICULTURE
(SEMINOLE COUNTY) AND MI-2, MEDIUM INDUSTRIAL
(CITY), TO PD, PLANNED DEVELOPMENT; PROVIDING
FOR SEVERABIMTY, 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 44, W Beardall's Map of St. Joseph's less the East 15.00 feet and
the South 15.00 feet thereof, as recorded in Plat Book 1, Page 114 of
the Public Records of Seminole County, Florida, together with the
West 345.00 feet of Lots 35 and 101, said W. Beardall's Map of St.
Joseph's, less the West 15.00 feet and the South 40.00 feet.
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 # 03-0037.
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: Confli~t~. 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 (~c~.~_-, A.D., 2003.
ATTEST:
~City Clerk
City Commission of the City of
Ordinance No. 3817
Page 2
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. 3817, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the 2~) day of
~C-~L~Z~ , 2003, was posted at the front door of the City Hall in the City of Sanford,
Florida, on the ~ day of C"0~.~_~,., 2003.
As the Ci~'-~Clerk ot~;he'C~~'
of Sanford, Florida
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
on the ~"~ day of/.~. ~..f~K..~x.~ , 2003, that the fully executed Development Order
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 ~ ~,~ ~/7 , 2003, in
OR. Book ~),b~'/~ ~ , Page J ~/~ , Public Records of Seminole County, Florida,
lerk of th~'City
of Sanford, Florida
Ordinance No. 3817
Page 3
I ~SVHd
CITY OF SANFORD DEVELOPMENT ORDER
No. 03-0037
On 0~,~_,- 77, Ze~a3 , City of Sanford issued this Development Order relating to
and touching and concerning the following described property:
Lot 44, W. Beardall's Map of St. Joseph's, less the East 15.00 feet and the South 15.00 feet thereof, as recorded
in Plat Book 1, Page 114 of the Public Records of Seminole County, Florida, together with the West 345.00 feet
of Lots 35 and 101, said W. Beardall's Map of St. Joseph's, less the West 15.00 feet and the South 40.00 feet.
(The aforesaid legal description has been provided to the City of Sanford by the owner of the afore described property)
Property Owners:
FINDINGS OF FACT
Tibbetts Land LLC
3300 Fairfield Ave S
St Petersburg, Florida 33712
Cox Lumber Co~Fany
3300 Fairfield Ave S
St Petersburg, Florida 33712
and
Project Name/Address: Cox Lumber Company Expansion/3940 Church Street
Parcel Number(s): 16-19-30-5AC-0000-0440, 16-19-30-5AC-0000-044A, 16-19-30-5AC-0000-044B;
16~19-30-5AC-0000-0350
Requested Development Approval: Rezone 16.484 acres to Planned Development (Ord. 3817)
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 commi~uents run wi~h, ~ollow an,~ p~rp,.~,.ally 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
fee ordinances.
Development Order No. 03-0037 - Cox Lumber Expansion Page 1 of 4
(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)
All development on the expansion site shall be generally in accordance
with the PD Master Plan for Cox Lumber Co. - Bass Property signed
and sealed September 3, 2003;
Unless otherwise stipulated on the PD Master Plan, all land uses and
activities on the property shall be consistent with the MI-2, Medium
Industrial zoning classification;
All land uses and activities on the existing Cox Lumber Co. Site shall
be consistent with the currently approved MI-2, Medium Industrial
zoning classification and those conditions approved in the Pre-
Annexation Agreement;
Junkyards shall be prohibited on the entire site;
All future development on either site, with the exclusion of the
conversion of the existing truss facility building into storage, shall be
required to meet all Fire and Life Safety Codes of the City of Sanford;
All development shall be designed in accordance with the City of
Sanford's Land Development Regulations including any subdivision
of the property; and
A Unity of Title shall be provided for all subject parcels.
(4) 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.
(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 Commission
at their meeting of Oc.'¢. ~ ., Zc~o'~ .
By.'~~ Date:
Russ L. Gibson, AICP
Director of Planning and Community Development
Development Order No. 03-0037 - Cox Lumber Expansion Page 2 of 4
OWNER'S CONSENT AND COVENANT
COMESNOW, Ti-66eTn'-s L, Nb LoC.
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
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized ir~ the State
and County aforesaid to take acknowledgments, personally appeared [Ui Ilia2,~ A. ~TtnaC. S
who i~_sonal~~e or who has produced N//tq~ as identification
and who did take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this /
day of
Notary Pu~ic, in ~nd for the Cot{nty and
State aforementioned.
EXPIRES: May 8, 2~05
Development Order No. 03-0037 - Cox Lumber Expansion Page 3 of 4
OWNER'S CONSENT AND COVENANT
COMES NOW,
Cox Lumber Co.
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
COX LU14BER CO.
By:
Aa its Authorized Agent
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesai~ t~t,ak~cknowledgments, personally appeared Wttl,tct,.
who is sg~lly known~ or who has produced tv/fl~ as identification
and who did tak~ ~'~ oath.
WITNESS my hand and official seal in the County and State last aforesaid this / fi~-
day of
Notaryt~lic, in and for the C~funty and
State aforementioned.
Development Order No. 03-0037 - Cox Lumber Expansion Page 4 of 4
lAKE MON£OE
Seminole County
NORTH
PD Rezone (Al - County, MI-2 to PD)
3940 Church Street
Parcel ID: 16-19-30-5AC-0000-0440
16-19-30-5^C-0000-044^
.... ~ I Se ,rninole County
.... }OWA aV .......
REZONE
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