3909ORDINANCE NO. 3909
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 25.43 ACRES OF
PROPERTY LYING BETWEEN OAK VIEW PLACE
EXTENDED EASTERLY AND W. LAKE MARY BOULEVARD
AND BETWEEN ART LANE AND STERLING PINE STREET,
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
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 heroin is subject to the conditions provided for
and agreed to in the Development Order # 04-0043.
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 aro hereby revoked.
SECTION 5: Effective Date. That this Ordinance shall become effective
immediately upon the execution and rocording of the Development Order roferonced
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~ ~'~-'~ay of QJ.~.f~('[~'CC/__.A D, 2005.
City Commission of the City of
Sanford, Florida
ATTEST:
t R. Dougherty,' ~'ity Cler~
Ordinance No. 3909
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. 3909 PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the~_~?-]day of
Zz ~f~.~.'~.- , 2005, was posted at the front door of the City Hall in the City of Sanford,
Florida, on the~'~"~lay of ~/~.~005.
As the~City Clerl~ of th~City ~-/ ~v/
of Sanford, Florida
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
-- day of ('j'j0./t.4.~ ,2005, 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 ~/~/~ 9, ,2005, in
O.R. Book,..~--~o°~) , Page/z/(~-/i/~, Public Records of Seminole County, Florida.
AS'the City Clerk of the ~;~'ty ~/
of Sanford, Florida
Ordinance No. 3909
Page 3
Legal Description: Beginning at the NE Cor of Government Lot 2, of SEC 10, TWP 20S, RGE 30E, run along the E
line of said Government Lot 2 S 00°49'02'' W a distance of 200.00 fl to the POB; thence N 89o10'58'' W a dishance
of 661.75 ft; thence S 00050'27'' W a distance of 2,058.48 fl along the E R-O-W line of Sterling Pine Street; thence
S 89056'53'' E a distance of 116.92 fl along the N R-O-W line of Lake Mary Boulevard; thence N 00°48'21'' E a
distance of 230.00 fi; thence S 89o56'53'' E a distance of 280.52 ft; thence S 61°17' 19" E a distance of 14.12 ft;
thence N 00°44'46" E a distance of 494.48 fl; thence S 89o40'04'' E a distance of 250.00 fl; thence N 00°49'02'' E
a distance of 1,333.34 ft to the POB. The described parcel contains 25.43 acres more or less.
The property being more generally described as 1160 W. Lake Mary Boulevard.
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CITY OF SANFORD DEVELOPMENT ORDER
No. 04-0043
On January 24. 2005, City of Sanford issued this Development Order relating to and touching and
concerning the following described property:
Beginning at the NE CDr of Government Lot 2, of SEC I0, TWP 20S, RGE 30E, run along the E line of said Government
Lot 2 S O0 49'02" W a distance of 200.00 fi: to the POB; thence N 89 10'58" W a distance of 661.75 fi:; thence S
00 50'27" W a distance of 2,058.48 fi: along the E R-O-W line of Sterling Pine Street: thence S 89 56'53" E a distance
of [ 16.92 ft along the N R-O-W Iine of Lake Mary Boulevard; thence N 00 48'21" E a distance of 230.00 fi:; thence S
89 56'53" E a distance of 280.52 fi:; thence S 6 l 17'19" E a distance of 14.12 ft; thence N 00 44'46" E a distance of
494.48 fi:; thence S 89 40'04" E a distance of 250.00 fi:; thence N 00 49'02" E a distance of 1.333.34 ft to the POB.
(The aforesaid legal description has been provided to the City of Sanford by the owner of the afore described
property)
FENDINGS OF FACT
Property Owner: Lake Mary Development Partners, LLC
115 N. Maitland Avenue, Altamonte Springs, FL 32701
Project Name/Address: Lake Mary Complex - 1160 W. Lake Mary Boulevard
Parcel Number{s): 10-20-30-300-0160-0000
Requested Development Approval: Rezone to PO, 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 cormnitments 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:
(l) The aforementioned application for deveIopment approval is GRANTED.
(2) All development shall f~lly 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:
Development Order No. 040043. Lake Mary Complex - 1160 W. Lake Ma~' Boulevard
Page [ of 3
(I) All development shall be in accordance with the "Lake Mary Complex PD Master
Plan" dated as received November 15, 2004 with the exception that the northern
entrance on Sterling Pine Street shall be eliminated and if unable to access the
development from Sterling Pine Street, the development will be allowed access
from Lake Mary Boulevard. If not specified on the Master Plan, all land uses and
development standards shall comply with all applicable City Codes and Land
Development Regulations (LDR);
(2) Each residential unit shall have a minimum of 1,400 square feet of heated living
area and a minimum one car garage;
(3) A minimum one (1) year lease agreement shall be required if the units are to be
leased;
(4) Architectural/Dimensional shingles shall be required on all buildings (roofs);
(5) There shall be no building permits issued for vertical construction (residences nor
community amenities) until all site improvements considered to be life safety
improvements are completed and all water lines are approved by the Department of
Environmental Protection (DEP);
(6) The Homeowners Association shall be required to maintain any walls installed in
conjunction with the project and any outside areas between the wall and adjacent
property lines;
(7) If a wet detention pond is installed, a fountain feature or another suitable feature to
be determined by staff shall be installed and maintained as an amenity element;
(8) Any development on land considered environmentally sensitive or wetlands shall
be mitigated as required by state and local jurisdictional requirements;
(9) General Note #2 on the PD Master Plan shall be revised to specify that units 19-30
shall not exceed two stories. Three story buildings may be permitted for units I -
18 subject to a maximum 35 foot height;
(10) A Preliminary Subdivision Plan and Subdivision Improvement Plans shall be
submitted, approved and constructed as approved by the City prior to any use or
developmeot of the site;
(Il) A Plat shall 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
at their meeting ofJf,.~_, 2c33~~' .
B~, x_A ~--~t~ Date: ~JI-'~:
Ru~s L. ~ibson, AICP
Director of Planning and Development Services
Development Order No. 044}043. Lake Mai'y Complex - 1160 W. Lake MaW Boulevard Page 2 of 3
OWNER'S CONSENT AND COVENANT
described pmpc~ m ~is ~velopmcm Order, on bc~lf of i~clf ~d i~ be~, succcssoB, assi~s or
transferees of any nature whatsoever and consents to, agrees with and covenants to performa and fully
abide by the provisions, terms, conditions and commianents set forth in this Development Order.
Witness
Owner
STATE OFFLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day, before me, an officel ~duly authorizfd in the State and
County aforesaid to take acknowledgments, personall2Lappeared IV} 'i 6,h 0 e { !V!t, F (-& tn 3vho is
personally known to me or who has produced ffL ~L./II (000--~q ¢ ~-Ola~-i&z~ntification ~d who
did take an oath.
W
lTI~SS my hand and
official seal in the County and State last aforesaid this day of
Notary ~ublic, gand for the C~ounty and
State aforementqoned.
Development Order No. 04-0043 - Lake Mary Complex - 1160 W Lake Mary Boulevard Page 3 of 3
MR-2 ¢ ~ ~ ~D~Ft;MD~q C
~o~ments I_ ~ ~
............... W ~KE MARY BLVD
Seminolo Coun~ Sominole Coun~
Site
1160 West Lake Ma~ Boulevard ~
Parcel No: 10-20-30-300-0160-0000 ~
LDRSF to RP - 1.7 acres ~~
LDRSF to MDR10 - 4.56 acres ~ ~
Total Acres: 25.43
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~XIsTING S~-~ CONDrF~oN8 / NOTLs,
LAKE ~Ai~Y BOULEVARI~
LAI:£ MARY BGUL£VARD