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3892ORDINANCE NO. 3892 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 4.6 ACRES OF PROPERTY LYING BETWEEN THE CENTRAL FLORIDA GREENEWAY AND CR 46A AND BETWEEN UPSALA ROAD AND OREGON AVENUE, 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: ~ 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 ATTACHED EXHIBIT "A" 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. CT.~: The rezoning action herein is subject to the conditions provided for and agreed to in the Development Order No.04-0033. SECTION 3: Severabilih_~. 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: Conflicf- That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 5: Effective Da!,~. 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 20th day of September, A.D., 2004. ATTEST: ,f'anet R. Dougherty, City~lerk ~ C,~__.~Commissi~ the Cit~y.,e~ ord, F 'k~' a,~~~~~. Brady Lessa~l,-Mayor Ordinance No. 3892 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. 3892 PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 20th day of September, 2004, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 21st day of September, 2004. As t~e City Clerk of the Cityc/ ~' of Sanford, Florida I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify on the ~.. --'--'~ day of ~_~:~:~, 2004, 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 .X'(~~ 7 ,2004, in O.R. Book~6-~-.~ 7, Page(.~ '~3~ /~Public Records of Seminole County, Florida. A~the City Clerk of the C'~l'ty (/ of Sanford, Florida Ordinance No. 3892 Page 3 -.% :~u..'..~; -~ ,.-" ..- %~-' i'= _~.. ~ LOCATION SKETCH SEC. 55. TWP. 19 S.. RCE. 50 E. GENERAL NOTES SITE DATA E-- RN Tm1 (SU.(;.Pp) II ~ I! iiil iii! Ill ,,Jl~i~ I! Il Iii l! m !IIi,Il, CITY OF SANFORD DEVELOPMENT ORDER No. 04-0033 ~o On Se tember 20 2004, City of Sanford issued this Development Order relating to and touching and concerning the following described property: NE ¼ OF THE NW ¼ OF THE SW ¼ OF SEC 33 TWP 19S RGE 30E SEMINOLE COUNTY, FLORIDA, LESS AND EXCEPT TIlE FOLLOItrlNG TWO (2) PARCELS OF LAND: BEG AT THE NE COR OF THE NE ¼ OF THE NW ¼ OF THE SW ¼ OF SEC 33 TWP 19S RGE 30E RUN S 00 DEG 40 MIN 53 SEC E, ALONG THE E LINE OF SAID NE ¼ OF THE NW ¼ OF THE SW ¼ 332.23 FT; THENCE N 89 DEG 51 MIN 12 SEC W 671.81 FT; THENCE N 00 DEG 58 MIN 45 SEC W 332.25 FT; THENCE S 89 DEG 51 MIN 12 SEC E 673.54 FT TO THE POB. ALSO LESS AND EXCEPT THEREFROM THAT CERTAIN DEED DATED R-O-W PARCEL CONVEYED TO THE CITY OF SANFORD, FL BY WARRANTY 05-24-01 AND RECORDED IN PB 4086 PG 1457 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. (Theafoc¢$aidlegaldesc,dptionhasbcen?rovidedtatheCityofSan£ordb.,theowner~x~.~h 54 ,>r > :~ i~ i ~e a ere described prope~y) FINDINGS OF FACT Property Owner: Allen and Joanne Nettles 2805 Oregon Avenue Sanford, Florida 32773 Project Name/Address: 2805 Oregon Avenue Parcel Number(s): 33-19-30-300-023A-0000 and 33-19-30-300-023B-0000 Requested Development Approval: Rezone from Agriculture to Planned Development 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) (2) The aforementioned application for development approval is GRANTED. 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. 04-0033 -FPL Substation ~ 2805 Oregon Avenue Page I of 3 (4) (5) (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: Ao B. C. D. Ail development shall be in accordance with the "Rantoul Substation PD Master Plan" dated as received July 21, 2004 A ten (10) foot high concrete panel wall shall surround the equipment compound; A six (6) foot "wrought iron" or similar decorative type fence shall be installed along the west end of the improvements for the site; To mitigate the large amount of specimen trees being removed that can not be replaced on site, the developer shall contribute to Sanford's tree bank based on replacing the removed trees (in caliper inches) with 4" Oak Trees on a 3:1 ratio as stipulated in Sanford's Land Development Regulations; The applicant shall coordinate with the property owner or developer (Morrison Homes) to ensure the six (6) foot brick wall along the south and east property line and the fencing along the Florida Power easement are in place prior to the completion of the substation; The applicant shall coordinate with the adjacent property owner(s) or developer to mitigate and/or improve the grade changes between the two properties. 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 at their meeting of,~ac. 20 , _Z.c>ID~ . By.'~. ?Jx..x~C~ Date: ,,. Russ L. Gibson. AICP - Director of Planning and Development Services Development Order No. 04-0033 -FPL Substation - 2805 Oregon Avenue Page 2 of 3 OWNER'S CONSENT AND COVENANT COMES NOW, ~)(li/9 ~l/.~ '~yt~ /::/~gZ. 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 Print Name Here Wimess STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY ~ERTIFY that on this day, before me, an officer duly authorized in the State and Cou~y afore~ take acknowledgn~ents, personally appeared /~)(~d/~ Bi.{ CZ~ who is~..ersonally...kn~oye~'fi-i~m_e~r who has produced ~///] --~:~, ..,- -- and who d~'-dl-d~e an oath. WITNESS my hand and official seal in the County and State last aforesaid this Z~ day of ,A..[/91/?/)9/~/~1 , .ffEko~. ~.,.,,, Dinnna Su.UJ,va/1 Notary Public, in and for the County and State aforementioned. F:\SHA_ENG~Development Review\08-Development Orders~2004\04-0033 - 2805 Oregon Avenue - FPL Substation.wpd Development Order No. 04-0033 -FPL Substation - 2805 Oregon Avenue Page 3 of 3 Bentley Elementary AG Derby Park ORD. # 3820 Retreat at Twin Lakes 263 Units PD AYwoOO oe & Site 2805 Oregon Avenue Parcel No:33-19-30-300-023A 0000 33 19-30-300-023B-0000 O Z 0 Z 0 ..I MR-1 Mayfair Oaks QUEENS CT NOT IN CITY PD ORD. # 3530 Greystone Townhomes 332 Units Mayfair Meadows NOT IN CITY