3901ORDINANCE NO. 3901
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID
ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT
CHANGING THE ZONING OF 72.33 ACRES OF PROPERTY
LYING BETWEEN THE ST. JOHNS RIVER AND CELERY
AVENUE AND BE'I'WEEN THOROUGHBRED TRAIL
EXTENDED NORTHERLY AND SAN MATEO EXTENDED
SOUTHERLY; FROM AG, AGRICULTURAL, TO SR-1,
SINGLE FAMILY RESIDENTIAL; 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 EXHIBIT "A" ATTACHED HERETO.
be and the same is hereby rezoned from AG, Agricultural, to SR-1, Single Family
Residential, zoning district.
~ The rezoning action herein is subject to the conditions provided for
and agreed to in the Development Order # 04-0038.
_SECTION 3: Severabili~. 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.
~ECTION 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 8th day of November, A.D. 2004.
City Commission of the Ci~,~
Flori
Braay Lessardl Mayor
ATTEST:
ugherty, CityvClerk u
CERTIFICATE~
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
on the /~-~ day of ~ ~ ./~J~'J , 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 /(~ (~4/kc.¢tj¢.O.- /,'~ , 2004, in
O.R. Book ~,-5 ~-/-/¢/--f'-, Page O/~ ,~-'~ublic Records of Seminole Cou ty, Florida.
As the City Clerk of the ~lty v
of Sanford, Florida
Ordinance No. 3901
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. 3901, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the 8th day of
November, 2004, was posted at the front door of the City Hall in the City of Sanford,
Florida, on the 9th day of November, 2004.
A~the City Clerk of the City[/I/
of Sanford, Florida
Ordinance No. 3901
I !!1
I!I ~ll~ ii III !
~ J
CITY OF SANFORD DEVELOPMENT ORDER
No. 04-0038
On November 8, 2004, City of Sanford issued this Development Order relating to and touching and
concerning the following described property:
PARCEL 1: COMMENCING AT THE SE COR OF THE SW 1/4 OF SEC 29, TWP 198, RGE 31E, RUN THENCE W 44 FT TO A
COR ON THE N AND S SUPPORTS OF A CONCRETE CULVERT IN CELERY AVE (SR #415). THENCE N AT RIGHT ANGLE
660 FT, THENCE E 44 FT CROSSING QUARTERLINE AND CONTINUING 353 FT TO NE CORNERPOST, THENCE S 660 FT
TO CORNERPOST IN CENTER OF CELERY AVE, THENCE W 2t97 FT TO COR AND PLACE OF BEG; PARCEL 2: ALSO, BEG
44 ~ W AND 660 Fl' N OF SW COR OF LOT 2, SEC 29, T~VP 198, RGE 31E, RUN E 397 Fl', THENCE N 1,518 FT TO TRAVERSE
LINE, THENCE NWLY ALONG SAID TRAVERSE LINE 397 FT, THENCE S FROM SAID TRAVERSE LINE 1,650 FT TO POB;
pARCEL 3: ALSO, THE W 263 FT OF THE E 307 FT OF LOT 3 (LESS THE S 990 FT) IN SEC 29, TWP 198, RGE 31E. ALL
LYING AND BEING SITUATED IN SEM CO, FL; PARCEL 4: BEG 383 FT E OF THE SW CORNER OF GOVERNMENT LOT 2,
SEC 29, TWP 198, RGE 31E, RUN THENCE E 312 IrT TO A STAKE, THENCE RUN N 30 CH, THENCE RUN IN A NWLY
DIRECTION ALONG THE TRAVERSE LINE OF SAID LOT 2 TO A STAKE, THENCE RUN S 31 CH TO THE POB, SEM CO, FL;
PARCEL 5: AND, BEG AT A POINT ON THE S LINE OF GOVERNMENT LOT 2, SEC 29, TWP 198, RGE 31E, WHICH POINT IS
665 FT E OF THE SW CORNER OF LOT 2, AND 660 FT W OF THE SE COR OF SAID LOT 2, AND RUN THENCE E 330 FT,
THENCE RUN N pARALLEL WITH THE E LINE OF SAID LOT 2, 1980 Fr, THENCE RUN W 330 FT, THENCE S PARALLEL
WITH THE W LINE OF SAID LOT 2, 1980 FT TO A POB, SEM CO, FL, LESS AND EXCEPT ANY PART THAT MAY NOW LINE
WITHIN ROAD R-O-W; PARCEL 6: COMMENCING AT THE SE COR OF GOVERNMENT LOT 2, SEC 29, T~VP 198, RGE 31E,
SEM CO, FL RUN N 1980 FT TO GOVERNMENT MEANDER LINE, THENCE W ALONG MEANDER LINE 330 Fl', THENCE S
1980 FT, THENCE E 330 FT TO THE POB. SAID LANDS BEING LOCATED IN GOVERNMENT LOT 2 OF SAID SEC 29, TWP
198, RGE 31E; PARCEL 7: EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION OF SAID LAND TO WIT:
FROM THE SE COIl OF GOVERNMENT LOT 2, OF SEC 29, T~VP 198, RGE 31E, BEING MEASURED FROM THE
CENTERLINE OF CELERY AVE AND RUNNING W 96 FT, THENCE N 165 FT, THENCE E 96 FT, THENCE S TO THE POB,
BUT RESERVING AN EASEMENT 10 FT 1N WIDTH ALONG THE E LINE OF THE EXPECTED LAND FOR VEHICULAR
PASSAGEWAY, ALSO LESS AND EXCEPT ANY PART THAT MAY LINE WITHIN ROAD R-O-W.
(The aforesaid legal description has been provided to the City of Sanford by the owner of the afore described property)
FINDINGS OF FACT
Property Owner: Legacy Investments, 550 N. Palmetto Avenue, Sanford, Florida 32770
Project Name/Address: Celery Park Estates North - 2500 Celery Avenue
Parcel Numbers: 29.19-31-300-013A-0000, 29.19-31-300-0140-0000 and 29-19-31-300-0150-0000
Requested Development Approval: Rezone from AG, Agriculture to SR-1, Single Family Residential
Approve a Preliminary Subdivision Plan for a 127 lot
subdivision
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 the
property are as follows:
(a) All development shall be in accordance with the City's Land Development Regulations
unless otherwise noted herein;
(b) The proposed subdivision shall be for Single Family residential uses only;
(c) The maximum number of lots site shall not exceed 127. Each lot shall have a minimum lot
width of 60 feet, lot area of 6,000 square feet, and living area of 1,200 square feet;
(d) Only one entrance shall be permitted on Celery Avenue;
(e) Setbacks for the subdivision shall be per the SR-1, Single Family Residential zoning district
with the addition of the establishment of a Street Side Setback of 15 feet;
(0 The review and approval of Subdivision Improvement Plans (Final Engineering);
(g) If the stormwater pond is not developed to City Standards as required in the Land
Development Regulations, the pond (Tract "A") shall be maintained by the Homeowners
Association;
(h) There shall be no building permits issued for buildings (residences nor community
amenities) until all site improvements have been completed and approved by the City of
Sanford;
(i) The PSP approval for Celery Park Estates North shall be valid for a period of six (6)
months prior to the submittal of a final plat (pursuant LDR, Article VI, Section 6.5.G);
0) The Final Plat is to be reviewed, approved and recorded prior to the issuance of any
certificates of occupancy.
(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
By:'~N~-~ ~ I Date:
Russ L. Gibson, AICP
Director of Planning and Development Services
Development Order No. 04-0038 - 2500 Celery Avenue - Celery Park Estates
Page 2 of 3
OWNER'S CONSENT AND COVENANT
COMES NOW, r"~. ~C ~ ~ ('~ 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 officer duly authorized in the State
~~rWs~ma°~~°wwhl;d~2;;;s~upceer~°nally appeared r~, ~r~2~denttficat~on
and who did take an oath.
WITNESS .my hand and official seal in the County and State last aforesaid this 1(~
Cx -L .
Notary~Public~'n and for the County an
State aforementioned.
F 5SHA_ENG~Development Revlew\08-Development OrdersL2004\04-0038 - Celery park Estates - 2500 Celery.wpd
Development Order No. 04-0038 - 2500 Celery Avenue - Celery Park Estates
Page 3 of 3
Seminole CounW
JENO P^ULUCCI
SITE
FLO~D^ DEpARTMEN
OF EDUCATION
Sanford Traits
r2.3 acres
'Site
2500 Celery Avenue
Parcel ID: 29-19-31-300-013A-0000
29- 19-31-300-0140-0000
'~9-19-31-300-0150-0000
Point
z
O~ ,.~ AMARNOUTH
Seminole Counb/
Em
.q
m
m
,~ ~PARCEL (5~-~
~,263,E307,LESS
S990', LOT ~
PARCEl.. (2)
,.,,,,,,,,,,, I il
PARCEL (4) PARCEL
PARCEL (6)
III1~ Illlli J I III fllJ J Ill III lllll llllll jj
CITY OF SANFORD DEVELOPMENT ORDER
No. 04-0038
On _November 8, 2004, City of Sanford issued this Development Order relating to and touching and
concerning the following described property:
PARCEL 1: COMMENCING AT THE SE COR OF THE SW 1/4 OF SEC 29, TWP 19S, RGE `]I E, RUN THENCE W 44 FT TO A
COR ON THE N AND S SUPPORTS OF A CONCRETE CULVERT IN CELERY AVE (SR #415). THENCE N AT RIGHT ANGLE
660 FT, THENCE E 44 IrT CROSSING QUARTERLINE AND CONTINUING `]5`] FT TO NE CORNERPOST. THENCE S 660 FT
TO CORNERPOST IN CENTER OF CELERY AVE, THENCE W `]97 FT TO COR AND PLACE OF BEG; PARCEL 2: ALSO, BEG
44 FT W AND 660 FT N OF SW COR OF LOT 2, SEC 29, TWp 19S, RGE `]1 E, RUN E .]97 FT, THENCE N 1,518 FT TO TRAVERSE
LINE, THENCE NWLy ALONG SAID TRAVERSE LINE `]97 FT, THENCE S FROM SAID TRAVERSE LINE 1,650 FT TO POB;
PARCEL `]: ALSO, THE W 263 FT OF THE E `]07 leT OF LOT `] (LESS THE S 990 FT) IN SEC 29, TWp 19S, RGE `lIE. ALL
LYING AND BEING SITUATED IN SEM CO, FL; PARCEL 4: BEG 35`] FT E OF THE SW CORNER OF GOVERNMENT LOT 2,
SEC 29, TWp 19S, RGE `]IE, RUN THENCE E `]12 FT TO A STAKE, THENCE RUN N 30 CH, THENCE RUN IN A NWLy
DIRECTION ALONG THE TRAVERSE LINE OF SAID LOT 2 TO A STAKE, THENCE RUN S `]I CH TO THE POB, SEM CO, FL;
PARCEL 5: AND, BEG AT A POINT ON THE S LINE OF GOVERNMENT LOT 2, SEC 29, TWP 19S, RGE `il E, WHICH POINT IS
665 FT E OF THE SW CORNER OF LOT 2, AND 660 FT W OF THE SE COR OF SAID LOT 2, AND RUN THENCE E `]$0 FT,
THENCE RUN N PARALLEL WITH THE E LINE OF SAID LOT 2, 1980 FT, THENCE RUN W `]`]0 FT, THENCE S PARALLEL
WITH THE W LINE OF SAID LOT 2, 1980 FT TO A POB, SEM CO, FL, LESS AND EXCEPT ANY PART THAT MAY NOW LINE
WITHIN ROAD R-O-W; PARCEL 6: COMMENCING AT THE SE COR OF GOVERNMENT LOT 2, SEC 29, TWp 19S, RGE $1 E,
SEM CO, FL RUN N 1980 FT TO GOVERNMENT MEANDER LINE, THENCE W ALONG MEANDER LINE `]`]0 FT, THENCE S
1980 FT, THENCE E 330 FT TO THE POB. SAID LANDS BEING LOCATED IN GO~,'~RNMEN~.
'~ ~ t .%OT 2 OF SAID SEC 29,
19S, RGE `]IE; PARCEL 7: EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION OF SAID LAND TO WIT:
FROM THE SE COR OF GOVERNMENT LOT 2, OF SEC 29, TWp 19S, RGE `ii E, BEING MEASURED FROM THE
CENTERLINE OF CELERY AVE AND RUNNING W 96 FT, THENCE N 165 FT, THENCE E 96 FT, THENCE S TO THE POB,
BUT RESERVING AN EASEMENT 10 FT 1N WIDTH ALONG THE E LINE OF THE EXPECTED LAND FOR VEHICULAR
PASSAGEWAY, ALSO LESS AND EXCEPT ANY PART THAT MAY LINE WITHIN ROAD R-O-W.
(The aforesaid legal description has been provided to the City of Sanfbrd by the owner of the afore described property)
FINDINGS OF FACT
Property Owner: Legacy Investments, 550 N. Palmetto Avenue, Sanford, Florida 32770
Project Name/Address: Celery Park Estates North - 2500 Celery Avenue
Parcel Numbers: 29-19-31-300-013A-0000, 29-19-31-300-0140-0000 and 29-19-31-300-0150-0000
Requested Development Approval: Rez°ne fr°m AG, Agriculture to SR-1, Single Family Residential
Approve a Preliminary Subdivision Plan for a 127 lot
subdivision
The development approval sought is consistent with the City of Sanford Comprehensive Plan and
will be dcvelopcd conststcnt w th 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.
,57,
(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:
(a) All development shall be in accordance with the City's Land Development Regulations
unless otherwise noted herein;
(b) The proposed subdivision shall be for Single Family residential uses only;
(c) The maximum number of lots site shall not exceed 127. Each lot shall have a minimum lot
width of 60 feet, lot area of 6,000 square feet, and living area of 1,200 square feet;
(d) Only one entrance shall be permitted on Celery Avenue;
(e) Setbacks for the subdivision shall be per the SR-I, Single Family Residential zoning district
with the addition of the establishment of a Street Side Setback of 15 feet;
(f) Thc review and approval of Subdivision Improvement Plaas (Final Engineering);
(g) If the stormwater pond is not developed to City Standards as required in the Land
Development Regulations, the pond (Tract "A") shall be maintained by the Homeowners
Association;
(h) There shall be no building permits issued for buildings (residences nor community
amenities) until all site improvements have been completed and approved by the City of
Sanford;
(i) The PSP appr°val f°r Celery Park Estates North shall be valid for a period of six (6)
months prior to the submittal of a final plat (pursuant LDR, Article VI, Section 6.5.G);
(]) The Final Plat is to be reviewed, approved and recorded prior to the issuance of any
certificates of occupancy.
(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 properly 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 tthok4neeting of November 8, 2004.
s L. Gibson, AICP
Director of Planning and Development Services
Development Order No. 04-0038 - 2500 Celery Avenue - Celery Park Estates Page 2 of 3
_OWNER'S CONSENT AND COVENANT
COMES NOW,_ r'~. ~TZ)[- ~ ~X ~ 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
Wif0ess
Sign Name ~
Pfin{ Nan~ Here
Owner
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized tn ,
and Coun · ' the State
~ow, led. gments: personally appeared _-~'~, [l~._~r~C,/h
.... ,~ ......... : ,,~,,~v. tv me or WhO nas produced a-~s identification
and who~an oat~'h'ik'iT~. J
WITNESS/ny hand and official seal in the County and State last aforesaid this ~_C~
day of '~(~C~-tm~3~F, ~
ry ublic(0n and for the County and
State aforementioned.
F:\SHA-ENGX~Dev¢IoPment Rcv/ew/0g-Dcvelopmcnt Orders2004\04-O038 _ Cele~ Park Estates - 2500 Celery wpd
Development Order No. 04-0038 - 2500 Celery Avenue - Celery Park Estates Page 3 of 3