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3913ORDINANCE NO. 3913 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 14.65 ACRES OF PROPERTY LYING BETWEEN CELERY AVENUE AND DAFFODIL TERRACE AND BETWEEN SlPES AVENUE AND BRISSON AVENUE; FROM AG, AGRICULTURAL, TO SR-I, SINGLE FAMILY RESIDENTIAL; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SEC_~C_~_ON 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: BEGIN 15 FT N AND 15 FT E OF THE SW COR OF THE NW 1/4 OF THE NE 1/4 OF SEC 32 TVVP 19S RGE 31E, SEMINOLE COUNTY, FLORIDA, AND RUN N 645 FT; THENCE RUN E 1012.5 FT; THENCE RUN S 645 FT; THEN RUN W 1012.5 FT TO THE POB, LESS THE ROAD R-O-W ON THE W AND THE RAILROAD R-O-W ON THE S. 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 # 05-0003. 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 -~ ' / ' / ~,~r , , i , , A.D. 2005. City Commission of the City of ATTEST: Janet R. Dougherty, City Clerk~ CERTIFICATE Ordinance No. 3913 lhat a line and con'ed copy of the foregoing Ordinance No. 3913, PASSED AND ADOPTED by ihe City C, onlllission of Ihe City of Sa,,;'uid. FIolMa, off the. dayof "!~ ', ,, ~;~' , ,2005, ~ posted at Ihe fTont (k:N:X of lhe City Hall in the City of Sanford, Florida, onlhe/'~ dayof /, ' ~ " ,2005. As,the City Clerk of the City of Sanford, Florida I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify on the/(~ day of "'~/'Y~ ~/[ ('~ ,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 ~-//~"~?/. ~ /'(~ ,2005, in O.R. Book .~-o°~c-~) ., Page //'7~~ ! I:~u~blic Records of Seminole County, Florida, /~ the City Clerk of tt~ City of Sanford, Florida -3- Ordinance No. 3913 IIBII Nfl IIII IIIIIIIIN IIIIIII I II I Illllll CITY OF SANFORD DEVELOPMENT ORDER No. 05-0003 On February 28, 2005, City of Sanford issued this Development Order relating to and touching and concerning the following described property: BEGIN 15 FT N AND 15 FT E OF THE SW COR OF THE NW ~A OF THE NE ¼ OF SEC 32 TWP 19S RGE 31E, SEMINOLE COUNTY, FLORIDA, AND RUN N 645 FT; THENCE RUN E 1012.5 FT; THENCE RUN S 645 FT; THEN RUN W 1012.5 FT TO THE POB, LESS THE ROAD R-O-W ON THE W AND THE RAILROAD R-O-W ON THE S. (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, LLC., 550 N. Palmetto Avenue, Sanford, Florida 32771 Project Name/Address: Celery Park Estates South, Phase 2 - 1501 Brisson Avenue Tax Parcel Number(s): 32-19-31-300-013A-0000 Requested Development Approval: Rezone 1501 Brisson Avenue to SR-1, Single Family Residential 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 regalations 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: (l) The aforementioned application for development approval is GRANTED. (2) All development shall i~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: (a) Ali development shall be in accordance with the City's Land Development Regulations unless otherwise noted herein; (h) The proposed subdivision shall be for Single Family residential uses only; (c) The site shall not exceed 55 single family residential lots. 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) All area and dimensional requirements shall be per the SR-I, Single Family Residential zoning; (e) The two phases shall have a continuous and connective sidewalk system; Page 1 of 3 Development Order No. 005-0003 - Celery Park Estates South, Phase 2 (0 (g) (4) (5) (h) (i) 0) (k) The review and approval of Subdivision Improvement Plans (Final Engineering); The following City Utilities Department requirements shall be met prior to any approval of Subdivision Improvement Plans: (1) A complete Subdivision plan shall be submitted for the portion of the development which is proposed in Seminole County (Celery Park Estates South, Phase 1) (2) City Commission approval shall he obtained to provide utilities service for Celery Park Estates South, Phase 1 through which all utilities for this project are proposed to connect to; (3) A letter from Seminole County approving Phase 1 and granting the City of Sanford jurisdiction over all utility easements for Phase 1. (4) A study (meeting the specifications to be determined by the Utilities Department) evaluating the capacity of the 6-inch force main proposed to service this project shall be submitted and deemed acceptable by the City prior to any approval of Subdivision Improvement Plans. Up to four (4) model home permits may be issued subject to completion of the required infrastructure to support the model homes. There shall be no other building permits issued for buildings (residences or community amenities) until all site improvements have been completed and approved by the City of Sanford; The PSP approval for Celery Park Estates South 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. This Development Order touches and concerns the afore described property and the conditions, commitments and provisions of this Development Order shall perpetually burden, nm 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 the~eeting of February 28, 2005. By:~~ Date: ~'cI '~21D~ Russ L. Gibson, A1CP Director of Planning and Development Services Development Order No. 005-0003 - Celery Park Estates South, Phase 2 Page 2 of 3 OWNER*S CONSENT AND COVENANT COMES NOW, /~.C~ .//~./~ff~'~. the owner(s)oftheafore 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 Witness Sign N~n~ H~r¢ ~ ? ~t/ ~~-~ ~~ Owner STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day, before me, an officer~thorized ~the St. ate and Cgunty aforesaid to take acknowledgments, personally appeared ~,~x:l~'V 'F'/~t~J ~ wh's~~:s ersonal[ me or who has produced as identification and who did take an oath. ~/[TNESS my hand and official seal in the County and State last aforesaid this day of ~.~1'~ , ~ II ,,~.. RON SEMANS 1[ - Not~ ~[i~~th~ and ll~ MYCOMMISSION~DD145424 IL I ~;~.~ EXPIRES: Aagust 27, 2~6 ~ Development Order No. 005-0003 - Celery Park Estates South, Phase 2 Page 3 of 3 ~ PD SR-1 Proposed Celery Park Estates North CELERY AV Seminole County Proposed Celery Park Estates South, Phase t SITE PD Site 1501 Brisson Avenue Parcel No: 32-19-31-300-013A-O000 Seminole Cou~