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3812ORDINANCE NO. 3812 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 20.02 ::1: ACRES OF PROPERTY LYING BETWEEN NARCISSUS AVENUE AND W. S.R. 46 AND BETWEEN SAN ROQUE LANE AND N. 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: LOTS 35 AND 36, THE FLORIDA LAND AND COLONIZATION COMPANY'S CELERY PLANTATION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK1 AT PAGE 129 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND LOT 91, W.B. CARDALL'S MAP OF ST. JOSEPH'S, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1 AT PAGE 123 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. 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 # 03-0042 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/'~day of ~'/~., A.D., 2003. ATTEST: ~anet R. Dougherty, Cit~Clerk ~ssion of the City of Brady Lessard, rv~yor Ordinance No. 3812 Page 2 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. 3812, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the ~-~/'day of ~ ,2003, was posted at the front door of the City Hall in the City of Sanford, Florida, on the~__~day of _~u~./~, 2003. ~lerk of th~ of Sanford, Florida CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify onthe~x~-~--d~ dayof ~f/~'~_~.~ , 200~, that the fully executed Development Order was received by me within ninety (90) days of the date of adoption of this ordinance and ~a..~. DBeoVoelk~;,~_~.~d ~ r ;aa~e r ~..,~u~l i~OcO ~ o~S e~m i~n olde/CoC~u n~, ~FI'o d d~a,'in lerk of the C~'~/ ~' of Sanford, Florida Ordinance No. 3812 Page 3 CITY OF SANFORD DEVELOPMENT ORDER No. 03-0042 On October 13~ 2003, City of Sanford issued this Development Order relating to and touching and concerning the following described property: Lots 35 and 36, the Florida Land and Colonization Company's Celery Plantation, according to the Plat thereof as Recorded in Plat Book 1 at Page 129 of the Public Records of Seminole County, Florida and Lot 91, W.B. Cardall's Map of St. Joseph's, according to the Plat thereof as Recorded in Plat Book 1 at Page 123 of the Public Records of Seminole County, Florida (The aforesaid legal description has been provided to the City of Sanford by the owner of the afore described properly) FINDINGS OF FACT Property Owners: Margaret M. Wood and Donna R. Smith & Lyle L. Bnrk 2000 Washington Avenue P.O. Box 470256 Sanford, Florida 32771 Lake Monroe, Florida 32747 Project Name/Address: Harvest Time International - 3531 Narcissus Avenue Parcel Number(s): 22-19-30-5AD-0000-0350 and 16-19-30-5AC-0000-0910 Requested Development Approval: Planned Development (PD) Rezone (20.02 acres) 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 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 property are as follows: Development Order No. 03-0042 - Harvest Time International Page 1 of 4 (4) (a) All development is to be generally in accordance with the PD Master Plan for Harvest Time International as presented to the City Commission on October 13, 2003; Co) If not otherwise established on the PD Master Plan, all land use activities on the property shall be consistent with the RI-l, Restricted Industrial zoning requirements; (c) All development shah be designed in accordance with the City of Sanford's Land Development Regulations (LDR) including any subdivision of the property; (d) Landscaping and buffer requirements along all rights-of-way shall be developed in accordance to Schedule J - Landscape, ButTer and Tree Requirements; (e) No buffer shall be less than a minimum 10 foot wide at finished grade and landscaped pursuant Schedule J - Landscape, Buffer and Tree Requirements; (0 A Unity of Title shall be required; (g) Signs restricting semi-truck traffic to the north shall be posted on site near exit(s); (h) A minimum dedicated fifty-five (55) foot right-of-way shall be required prior to the commencement of any construction. The dedicated right-of-way shall be increased to a sixty (60) foot right-of-way prior any construction of a second building; and (i) The sidewalk shall be constructed along the entire length of the east side of North Kennel Road during the construction of Phase 1. If said construction of the sidewalk cannot be completed during construction of Phase 1, a bond shall be posted securing the future installation of said sidewalk. 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 October 13, 2003. Russ ~,. G"ibson, AICP Director of Planning and Community Development Development Order No. 03-0042 - Harvest Time International Page 2 of 4 OWNER'S CONSENT AND COVENANT co s ow, L.,, fl 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 STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day, before me, an offi.cer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared [¥ !C. J~j~K who is personally known to me or who has produced as identification and who ~ an oath. WITNESS my hand and official seal in the County and State last aforesaid this "7 14ocemb~r' , _gag_. N~(ar~ 15ublic, in and for the County and State aforementioned. day of Development Order No. 03-0042 - Harvest Time International Page 3 of 4 OWNER'S CONSENT AND COVENANT COMES NOW, 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 STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day, before me, an office[ duly authorized ill the State and County aforesaid to take acknowledgments, personally appeared Z~)ta4'~ Afl. ,-~zY]] who is personally known to me or who has produced~lt.D"~-/t]$ -flit-~,"~as identification and who did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this ~ary Public, in and for the C~unty and State aforementioned. __dayof My Commiss*on DD033408 Development Order No. 03-0042 - Harvest Time International Page 4 of 4 Seminole Cou n'h/ PD REZONE