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3893ORDINANCE NO. 3893 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3117 OF SAID cI'rY; SAID ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT TO CHANGE THE ZONING OF 6.10 ACRES OF PROPERTY LYING BETWEEN ST. JOHNS PARKWAY AND THE CENTRAL FLORIDA GREENEWAY AND BETVVEEN UPSALA ROAD AND RINEHART 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: 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. SECTION 2: The rezoning action herein is subject to the conditions provided for and agreed to in the Development Order # 04-0031. 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: Collflicts. 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 20th day of September, A.D., 2004. ATTEST: net R. Dougherty, Cit~Clerk ~' ~ommission of the//~it~,qf Brady Les~ard, Mayor Ordinance No. 3893 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. 3893 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. A~ the City Clerk of the ~fty ~/ of Sanford, Florida on the CERTI~ I, Ja~, City Clerk of the City of Sanford, Florida, do hereby certify ~'~'~day of ~ c.~'~_. ,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 ~2~ .~ / c/ ,2004, in O.R. Book o~Y~y , Page~ oo-~.g-, Public Records of Seminole County, Florida, As thc=~ity~Clerk of the City of Sanford, Florida Ordinance No. 3893 Page 3 < J / CITY OF SANFORD DEVELOPMENT ORDER No. 04-0031 On Se tember 20 2004, City of Sanford issued this Development Order relating to and touching and concerning the following described property: A PARCEL OF LAND LYING IN SEC 28 TWp 19S RGE 30E, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SW CORNER OF SAID SEC 28 TWp t9S RGE 30E, SEMINOLE COUNTY, FLORIDA; THENCE RUN S 89°53'03" E, ALONG THE SOUTH LINE OF THE SW ¼ OF SAID SEC 28, A DISTANCE OF 15.00 FEET, TO A POINT ON THE BOOK 1, PG. 107) ALSO EAST RIGHT OF WAY LINE OF RINEHART ROAD (140' R/W PER SEMINOLE COUNTY PJW MAP BEING A POINT ON A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 2616.55 FEET AND A CHORD BEARING OF N 00°09'05" E; THENCE DEPARTING THE SOUTH LINE OF SEC 28, RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EAST RIGHT OF WAY LINE, THROUGH A CENTRAL ANGLE OF 00°09'27" A DISTANCE OF 7.19 FEET TO THE POINT OF TANGENCY; THENCE RUN N 00°04'01" E, 7.82 FEET EAST OF AND PARALLEL WITH AND t5 FEET NORTH OF THE WEST LINE OF THE SW % OF SAID SEC 28 TO THE POINT OF BEGINNING; THENCE CONTINUE N 00°04'01" E ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 456.59 FEET; THENCE DEPARTING'SAID RIGHT OF WAY LINE, RUN S 89°55'24" E ALONG THE CENTERLINE OF A 60 FOOT INGRESS/EGRESS EASEMENT A DISTANCE OF 134.33 FEET TO A POINT OF CURVATURE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF t80.49 FEET AND A CHORD BEARING AND DISTANCE OF N 78°17'24" E 73.74 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAiD CURVE THROUGH A CENTRAL ANGLE OF 23°34'24" A DISTANCE OF 74.26 FEET TO THE POINT OF TANGENCY; THENCE RUN N 66°40'07" E A DISTANCE OF 30.59 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 119.50 FEET AND A CHORD BEARING AND DISTANCE OF N 71°16'27" E A DISTANCE OF 19.19 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°12'40" A DISTANCE OF t9.21 FEET TO A POINT; THENCE DEPARTING SAID CENTERLINE RUN S 51°00'15" E A DISTANCE OF 780.90 FEET TO A POINT 15.00 FEET NORTH OF (PERPENDICULAR MEASURE) THE SOUTH LINE OF SAID SEC 28; THENCE RUN N 89°53'03'' WEST, 15.00 FEET NORTH OF AND PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 860.24 FEET TO THE POINT OF BEGINNING. (SAID PARCEL CONTAING 6.10 ACRES OR 265.716.00 SQ FT MORE OR LESS). (Thc aforesaid legal description has been provided to the City of Sanford by the owner of the afore described property) FINDINGS OF FACT Property Owner: Harold G. Hartsock Trustee C/O Seminole Farms Trust IV P O Box 1449 Sauford, Florida 32772-1449 Project Name/Address: 1501 Rinehart Road - Best Buy Parcel Number(s): 28-19-30-506-0000-0410 (portion of) Requested Development Approval: Rezone from Agriculture to Planned Development The development approval sought is consistent with the City of Sanford Comprehensive Plan a~d~ 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 mn with, follow and perpetually burden the afore described property. ORDER NOW, THEREFORE, it is ORDERED AND AGREED THAT: (1) The aforementioned pphcahon 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: 1. All land uses and improvements to the subject property shall be generally in accordance with the Planned Development Master Plan for Best Buy dated as received July 12, 2004; 2. A pedestrian walk way connection shall be made with the existing sidewalk along the Wal-Mart parking lot on the northeast corner towards the entrance of the building (Best Buy); 3. 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; 4. One monument sign with a maximum of 75 square feet of sign surface area shall be permitted for the site meeting all design standards per Schedule U - Gateway Corridor Development Districts; 5. There shall be no outdoor storage or display on the property at anytime; 6. A six (6) foot dark vinyl coated chain link fence or similar decorative fencing as approved by staff shall be installed along the sides of the stormwater pond; and 7. The applicant shall work with the City's engineering staff regarding minimum maintenance berms along the sides of the storm water pond. (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 ora 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 th~)eting of S_~ef2d'. 20, ~OO~. By: '-X-'-..x_,t..,X~'N~'~DK-~X~ Date: [l~3. q. Russ L. ~ibs0n, AICP - Director of Planning and Development Services Development Order No. 04-0031 - Best Buy - 1501 Rinehart Road Page 2 of 3 OWNER'S CONSENT AND COVRNANT COMES NOW, ~'~/~/o~ ~r,~,z,~x ~,~7' ~ the owner(s) of the afore de, scribed property in this Development 0rdar, on bchalfofitself aad its heirs, successors, assigns or transferees of any nature whatsoever and consaat~ to, a~rees with and covenants to pefforma and fully abide by the provisions, terms, conditions and commitments set forth in ~is D~elopmont Order. Witness Owner STATE OF FLORIDA COUN'IW OF SEMINOLE I HEREBY CER'I1F¥ that on this day, before me, aa oilier duly authorized in the State .~._a~_,d..Coumy afo~o lake acknowledgmems, pa~onall,, ~.,.,~.~ ~ who has produced and who did take aa oath. -- as id~iification State aforomentioned. Developmem Order No. 04-0031 - Best Buy. 1501 Ri~ehati Road P~e 3 of 3 AG Marketplace at Towne Center PD Rezor~e (AG to PD) l$01 Ru~eha~tRoad Pr~rc<~l N~ 28-19 30 506 0000 0410 Wal-Mart Ft..oRtDA GREENEWAY_ I ' iiii ~!1 I I CITY OF SANFORD DEVELOPMENT ORDER No. 04-0031 On September 20, 2004, City of Sanford issued this Development Order relating to and touching and ~onceming the following described property: A PAl :CEL OF LAND LYING IN SEC 28 TWP 19S RGE 30E, SEMINOLE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SW CORNER OF SAID SEC 28 TWP t9S RGE 30E, SEMINOLE COUNTY, FLOI= IDA; THENCE RUN S 89°53'03" E, ALONG THE SOUTH LINE OF THE SW ¼ OF SAID SEC 28, A DISTANCE OF 15.00 FEE1' TO A POINT ON THE EAST RIGHT OF WAY LINE OF RINEHART ROAD (140' PJW PER SEMINOLE COUNTY R/W MAP BOOI [ 1, PG. t07) ALSO BEING A POINT ON A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 2616.55 FEET AND A CHOI !D BEARING OF N 00'09'05" E; THENCE DEPARTING THE SOUTH LINE OF SEC 28, RUN NORTHEASTERLY ALONG THE, kRC OF SAID CURVE AND ALONG SAID EAST RIGHT OF WAY LINE, THROUGH A CENTRAL ANGLE OF 00°09'27" A DiST. iNCE OF 7.19 FEET TO THE POINT OF TANGENCY; THENCE RUN N 00'04'0t" E, 7.82 FEET EAST OF AND PARALLEL WITI- AND 15 FEET NORTH OF THE WEST LiNE OF THE SW ¼ OF SAID SEC 28 TO THE POINT OF BEGINNING; '[HENCE CON' 'INUE N 00'04'01" E ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 456.59 FEET; THENCE DEPARTING SAID RIGIq r OF WAY LINE, RUN S 89°55'24" E ALONG THE CENTERLINE OF A 60 FOOT INGRESS/EGRESS EASEMENT A DIST ~,NCE OF 134.33 FEET TO A POINT OF CURVATURE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 180.49 FEET AND ~. CHORD BEARING AND DISTANCE OF N 78°17'24'' E 73.74 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF S MD CURVE THROUGH A CENTRAL ANGLE OF 23°34'24'' A DISTANCE OF 74.26 FEET TO THE POINT OF TANGENCY; THEI iCE RUN N 66'40'07" E A DISTANCE OF 30.59 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOU 'HEASTERLY, HAVING A RADIUS OF 119.50 FEET AND A CHORD BEARING AND DISTANCE OF N 71°16'27" E A DIST ~.NCE OF t9.t9 FEET; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANG .E OF 09'12'40" A DISTANCE OF 19.21 FEET TO A POINT; THENCE DEPARTING SAID CENTERLINE RUN S 51°00'15'. E A DISTANCE OF 780.90 FEET TO A POINT 15.00 FEET NORTH OF (PERPENDICULAR MEASURE) THE SOUTH LINE OF SAiD SEC!28; THENCE RUN N 89'53'03" WEST, 15.90 FEET NORTH OF AND PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 860.;~4 FEET TO THE POINT OF BEGINNING. (SAID PARCEL CONTAING 6.10 ACRES OR 265,716.00 SQ FT MORE OR LESS). (Thc aforesaid legal description has been provided to the City of Sanford by the owner of the afore described property) © ? FINDINGS OF FACT Property Owner: Harold G. Hartsock Trustee C/O Seminole Farms Trust IV P O Box 1449 Sanford, Florida 32772-1449 ProJject Name/Address: 1501 Rinehart Road - Best Buy Parcel Number(s): 28-19-30-506-0000-0410 (portion of) Requested Development Approval: Rezone from Agriculture to Planned Development The develonment annroval sought is consistent with the City of Sanford Comprehensive Plan a~d?.l wili be devel°ped c°nsistent with and in c°mpliance t° applicable land devel°pment regulati°ns and al' ~ 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 sucla 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) (3) 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. 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: 1. Ail land uses and improvements to the subject property shall be generally in accordance with the Planned Development Master Plan for Best Buy dated as received July 12, 2004; 2. A pedestrian walk way connection shall be made with the existing sidewalk along the Wal-Mart parking lot on the northeast corner towards the entrance of the building (Best Buy); 3. 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; 4. One monument sign with a maximum of 75 square feet of sign surface area shall be permitted for the site meeting all design standards per Schedule U - Gateway Corridor Development Districts; 5. There shall be no outdoor storage or display on the property at anytime; 6. A six (6) foot dark vinyl coated chain link fence or similar decorative fencing as approved by staff shall be installed along the sides of the stormwater pond; and 7. The applicant shall work with the City's engineering staff regarding minimum maintenance berms along the sides of the storm water pond. (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 thY. m~eting of Se [2:ff. ~O, o~OOq. By:kx ~') '::X"~ ~'~O~') Date: [~.-I. '~Cr. vt~- Russ L. ~ibson, AICP Director of Planning and Development Services Development Order No. 04-0031 - Best Buy - 1501 Rinehart Road Page 2 of 3 OWP~R'S CONSENT AND COV~NAWT the owner(s) of the afore described propezly in this Development Order, on behalf ofitsoff and its heirs, successors, assigns or transferees of any nature whatsoever and consents to, asrees with and covenants to performs and fully abide by the provisions, terms, conditions and commitments set forth in this Development Order. Witness STATE OFFLORIDA COUNTY OF SEMINOLE I HEREBY CERTII¥¥ thnt on lids day, befor~ me, an officer duly anthofized in the Stste and County al~resaid to take acknowledgments, personally at~ end who did take en oattc _WITNESS my hand and. offioial seal in the County and State last aforesaid this d~y of~~&. ~ ~'~) ~ c. oo~a,~ oo~v~ Nom~/Public,~ for the County and ~.,,~/e~.~,~v ~ State aforementioned. Order No. 04-0031 - Best Buy- 1501 Rinehart Ro~d Page ~ of 3