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3914ORDINANCE NO. 3914 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 1.23 ACRES OF PROPERTY LYING BETWEEN ST. JOHNS PARKWAY AND THE CENTRAL FLORIDA GREENEWAY AND BETWEEN 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: 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 AI-I'ACHED 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. T_$_.F=C_~_O__~: The rezoning action herein is subject to the conditions provided for and agreed to in the Development Order #05-0004. 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 / ~ dayof ,~,,~.. ,~;~ ~ D,2005. City Commission of the City of Sanford, Florida Brady Lessar~ Mayor ATTEST: ,,Janet R. Dougherty, City Clerk 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. 3914, PASSED AND Ordinance No. 3914 Page 2 ADOPTED by the City Commission of the City of Sanford, Florida, on the.-? ~ ~day of ./, ~[ · 2005, was posted at the front door of the City Hall in the City of Sanford, Florida, on the day of / ~ ~-<. ~, ~.~ , , 2005. As the City Clerk of the City of Sanford, Florida CERTIFICATE I, Jan~, City'Clerk of the City of Sanford, Florida, do hereby certify on the ~ ~ ~/~'day of r~-~ ,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 '~-~ ,3 ~ ,2005, in O.R. Book 5 ~ ~ ~' , Page / ?~7~, Public Records of Seminole County, Florida, As the Cit~ Clerk of the City of Sanford, Florida Ordinance No. 3914 Page 3 Legal Description: A PARCEL OF LAND BEING A PORTION OF LOT 41 OF THE PLAT''SMITH'S THIRD SUBDIVISION" AS RECORDED IN PB I PG 86 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY LYING IN THE SW V~ OF ~EC 28 TWP 19S RGE 30E, SEMINOLE COLINTY, FLORIDA, BEING MORE PARTICCLILARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW COR OF SAID SEC 28; THENCE S 89"53'03" E ALONG THE S LINE OF THE SW ~ OF SAID SEC 28, A DISTANCE OF 15 FT TO A POINT ON THE E R-O-W LINE OF "RINEHART ROAD" AS SHOWN IN SEMINOLE COUNTY R-O-W MAP BK 1, PG 107 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID POINT BEING ON A CURVE CONCAVE SWLY HAVING A RADIUS OF 2616.55 FT AND A CHORD BEARING OF N 00°09'05'' E; THENCE DEPARTING THE S LINE OF THE SW 'A OF SAID SEC 28, NELY ALONG THE ARC OF SAID CURVE ALONG SAID R-O-W LINE THROUGH A CENTRAL ANGLE OF 00°09'27TM, A DISTANCE OF 7.19 FI' TO THE POINT OF TANGENCY; 'I'HENCE N 00°04'01" E CONTINUING ALONG SAID E R-O-W LINE, 464.41 lq' TO THE POB; THENCE CONTINUE N 00°04'01" E ALONG SAID E R-O-W LINE, A DISTANCE OF 239.64 FT TO THE SW COR OF LOT 3 OF THE PLAT "WAL-MART SUPER CENTER ON RINEHART ROAD" AS RECORDED IN PB 65, PGS 31 AND 32 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FL; THENCE S 89°55'24'' E ALONG THE S LINE OF SAID LOT 3, A DISTANCE OF 223_50 FT TO THE SE COR OF SAID LOT 3; THENCE S 00°04'0 !'' W ALONG THE WLY LINE OF LOT ! OF SAID PLAT "WAL-MART SUPER CENTER ON RINEHART ROAD", A DISTANCE OF i 82.62 IT; THENCE S 51 °00' ! $" E CONTINUING ALONG SAID WLY LINE, A DISTANCE OF 37.1 ! IT TO A POXNT ON A CRJRVE CONCAE SE, HAVING A RADIUS OF ! 19.50 IT; AND A CHORD BEARING OF S 70°40'19TM W; THENCE SWLY ALONG THE ARC OF SAID CURVE THROUGH A CEN'fRAL ANGLE OF 09°09'00', A DISTANCE OF 19.08 FT TO THE POINT OF TANGENCY; THENCE S 66°40'07TM W, A DISTANCE OF 31.51 FT TO A POINT OF CURVATURE OF A CURVE CONCAVE Ix~'LY, THENCE WLY ALONG THE ARC OF SAID C~R.VE HAVING A RADIUS OF 180.50 FT, A CENTRAL ANGLE OF 23°34'25'', AN ARC DISTANCE OF 74.26 FT TO THE POINT OF TANGENCY; THENCE lq 89°55 '24" W, A DISTANCE OF 133.24 FT TO THE POB. SAID LANDS LYING IN SEMINOLE COUNTY, FLORIDA AND CONTAINING i.22 ACRES, MORE OR LESS. The property being more generally described as 162 ! Rinehart Road. Z J~ CITY OF SANFORD DEVELOPMENT ORDER No. 05-0004 On Februa~ 28, 2005, City of Sanford issued this Development Order relating to and touching and concerning the following described property: A PARCEL OF LAND BEING A PORTION OF LOT 41 OF THE PLAT "SMITH'S THIRD SUBDIVISION" AS RECORDED iN PB 1 PG 86 OF THE PUBLIC RECORDS OF SEMiNOLE COUNTY LYING iN THE SW ¼ OF SEC 28 TWP 19S RGE 30E, SEMINOLE COUNTY, FLORiDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW COR OF SAID SEC 28; THENCE S 89'53'03" E ALONG THE S LINE OF THE SW ¼ OF SAID SEC 28, A DISTANCE OF 15 FT TO A POINT ON THE E R-O-W LINE OF "RINEHART ROAD" AS SHOWN IN SEMINOLE COUNTY R-O-W MAP BK 1, PG 107 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID POINT BEING ON A CURVE CONCAVE SWLY HAVING A RADIUS OF 2616.55 FT AND A CHORD BEARING OF N 00'09'05" E; THENCE DEPARTING THE S LINE OF THE SW ¼ OF SAID SEC 28, NELY ALONG THE ARC OF SAID CURVE ALONG SAID R-O-W LINE THROUGH A CENTRAL ANGLE OF 00'09'27", A DISTANCE OF 7.19 FT TO THE POINT OF TANGENCY; THENCE N 00'04'01" E CONTINUING ALONG SAID E R-O-W LINE, 464.41 FT TO THE POB; THENCE CONTINUE N 00'04'01" E ALONG SAID E R-O-W LINE, A DISTANCE OF 239.64 FT TO THE SW COR OF LOT 3 OF THE PLAT "WAL-MART SUPER CENTER ON RINEHART ROAD" AS RECORDED IN PB 65, PGS 31 AND 32 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FL; THENCE S 89'55'24" E ALONG THE S LINE OF SAID LOT 3, A DISTANCE OF 223.50 FT TO THE SE COR OF SAID LOT 3; THENCE S 00°04'01" W ALONG THE WLY LINE OF LOT 1 OF SAID PLAT "WAL-MART SUPER CENTER ON RINEHART ROAD", A DISTANCE OF 182.62 FT; THENCE S 51 '00~I5" E CONTINUING ALONG SAID WLY LINE, A DISTANCE OF 37. I I FT TO A POINT ON A CURVE CONCAVE SE, HAVING A RADIUS OF 119.50 FT; AND A CHORD BEARING OF S 70'40'19" W; TH ENCE SWLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09~09'00", A DISTANCE OF 19.08 FT TO THE POINT OF TANGENCY; THENCE S 66'40'07" W, A DISTANCE OF 31.51 FT TO A POINT OF CURVATURE OF A CURVE CONCAVE NWLY, THENCE WLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 180.50 FT, A CENTRAL ANGLE OF 23'34'25", AN ARC DISTANCE OF 74.26 FT TO THE POINT OF TANGENCY; THENCE N 89'55'24" W, A DISTANCE OF I33.24 FT TO THE POB. SAID LANDS LYING IN SEMINOLE COUNTY, FLORIDA AND CONTAINING 1.22 ACRES, MORE OR LESS. (The aforesaid legal description has been provided to the City of Sanford by the owner of the afore described property) Property Owner: Project Name/Address: Rinehart Retail ~ 1621 Rinehart Road Tax Parcel Number(s): 28-19-30-514-0000-0020 Requested Development Approval: Approve the PD Rezone and PD Master Plan for Rinehart Retail FINDINGS OF FACT 2~ ~,:m ~' 'ke It 1615 ' ' S'. 707 ¥ r 8020 ~! 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 lo have such conditions and commitments run with, follow and perpetually burden the afore described property. ORDER NOW, THEREFOPd~, it is ORDEKED 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 fcc ordinances. Development Order No. 05-0004 - Rinehart Retail Page 1 of 3 (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 land uses and improvements to the subject property shall be generally in accordance with the Rinehart Retail PD Master Plan dated December 1, 2004; (b) If not otherwise stipulated on the PD Master Plan all land use activities and development standards for the subject property shall be consistent with the GC~2, General Commercial zoning requirements including the requirement for Conditional Use approval for specific uses; (c) Cross access to adjacent property shall be installed at such time when either staff or the developer/owner determines a need for it; (d) Signage shall be restricted as follows: (1) One monument sign at a maximum 50 square feet sign surface area shall be permitted for the site meeting all design standards per Schedule U ~ Gateway Corridor Development Districts, to be consistent with the other two outparcels that are immediately adjacent within the neighboring subdivision. (2) Wall signage shall be restricted to 1.5 square feet per linear foot of signage per tenant as pernfitted in Schedule K - Sign Regulations. (3) The signage may be split between the two frontages such that the percentage split between the interior parking lot facing and the Rinehart Road facing shall be equal for each tenant; (4) All signage on the Rinehart Road side shall be channel letters not exceeding 24" in height; (5) If any one tenant exceeds 100 linear feet of frontage, said temmt shall not be permitted to exceed 150 square feet in overall sign area for the building. (e) Any development on land considered environmentally sensitive or wetlands shall be mitigated as required by state and local jurisdictional requirements; (f) The proposed underground Stormwater Chamber System shall be reviewed during the Engineering Plan review process. If the system is found not to be acceptable due to soils, wetlands, or any other geotechnical issues, the site may require re-design; (g) A continuous and connective sidewalk system between this site and all adjacent parcels and the Seminole County Trail system shall be provided; (h) There shall be no outdoor storage or display on site. Any external appurtenances (such as vending machines, pay phones, news racks, etc.) shall be visually screened in a manner not to be visible from the street. (4) This Development Order touches and concerns the afore described property and the conditions, commitments and provisions of this Development Order shalI 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 t~xmeeting of February 28, 2005. By: -'~C~ A~a_ ~ Date: ~'. 'Z-c[ .TUXD~ Russ I~. Gibson, AICP Director of Planning and Development Services Development Order No. 05-0004 - Rh~ehart Retail Page 2 of 3 OWNER'S CONSENT AND COVENANT COMES NOW, Dikeou Realty LLC 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 t9 performa and fully abide by the provisions, terms, conditions and commitments set forth in this Development ............. DIKEOU REALTY LLC, a Colorado limited liability company Order. Witness bDIKEOU REALTY, a C~orado general partnership, Sole Member Panayes J. Dikeou, Trustee Owner. STATE OF:ELO. i?~,~ COLORADO COUNTY OF:S:L:~httX~gL-~ D~NVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Panayes J. Dikenu who is personally known to me or-vdmdmS-lyroduoed- .................... -a~-ideW. ir2catiamand, who did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this Z-t/a: day of Notary Public, in and for the County and State afor~menti0ned. Development Order No. 05-0004 - Rinehart Retail Page 3 of 3 J PD z SITE Bes Towne Center CE~T~ FLORtDA GREENEWAY 1621 Rinehad Road ~~~ Parcel No: 28-19-30-506-0000-0410 ~ ~ 28-19-30-506-0~0-041A CITY OF SANFORD DEVELOPMENT ORDER No. 05-0004 On ~, City of Sanford issued this Development Order relating to and touching and concerning the following described property: A PARCEL OF LAND BEING A PORTION OF LOT 41 OF THE PLAT "SMITH'S THIRD SUBDIVISION" AS RECORDED IN PB I PG 86 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY LYING IN THE SW % OF SEC 28 TWP 19S RGE 30E, COMMENCING AT THE SEMINOLE cOUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 28, A DISTANCE OF SW COR OF SAID SEC 28; THENCE S 89'53'03" E ALONG THE S LINE OF THE SW V4 OF SAID SEC 15 FT TO A POINT ON THE E R-O-W LINE OF "RINEHART ROAD" AS SHOWN IN SEMINOLE cOUNTY R-O-W MAP BK 1, PG 107 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, SAID POINT BEING ON A CURVE CONCAVE SWLY HAVING A KADIUS OF 2616.55 FT AND A CHORD BEARING OF N 00'09'05" E; THENCE DEPARTING THE S LINE OF THE SW 'A OF SAID SEC 28, NEDLiYsTANCE OF 7.19 FT TO THE pOINT OF TANGENCY; THENCE N 00'04'01" E ':~ ALONG THE ARC OF SAID CURVE ALONG SAID R-O-W LINE THROUGH A CENTRAL ANGLE OF 00 09 2 , A CONTINUING ALONG SMD E R-O-W LINE, 464.41 FT TO THE POD; THENCE CONTINUE N 00'04'01" E ALONG SAID E R-O-W LINE, A DISTANCE OF 239.64 FT TO THE SW COR OF LOT 3 OF THE PLAT "WAL-MART SUPER CENTER ON PB 65, PGS 31 AND 32 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FL; RINEHART ROAD" AS RECORDED IN THENCE S 89'55'24" E ALONG THE S LINE OF SAID LOT 3, A DISTANCE OF 223.50 FT TO THE SE COR OF SAID LOT 3; W ALONG THE WLY LINE OF LOT 1 OF SAID PLAT "WAL-MART SUPER CENTER ON RINEHART THENCE S 00'04'0l" rtl ROAD", A DISTANCE OF 182.62 FT; THENCE S 51'00'15" E CONTINUING ALONG SAID WLY LINE, A DISTANCE OF r-' CURVE CONCAVE SE, HAVING A RADIUS OF 119.50 FT; AND A CHORD BEARING OF S c'~ 37.11 FT TO A POINT ON A A CENTRAL ANGLE OF 09°09'00", A 70°40'19" W; THENCE SWLY ALONG THE ARC OF SAID CURVE THROUGH c-~ .... W A DISTANCE OF 31.51 FT TO A POINT DISTANCE OF 19.08 FT TO THE POINT OF TANGENCY; THENCE S 66 40 07 , SAID CURVE HAVING A : .' OF CURVATURE OF A CURVE CONCAVE NWLY, THENCE WLY ALONG THE ARC OF RADIUS OF 180.50 FT, A CENTRAL ANGLE OF 23'34'25'% AN ARC DISTANCE OF 74.26 FT TO THE POINT OF TANGENCY; THENCE N 89o55'24'' W, A DISTANCE OF 133.24 FT TO THE POD. SAID LANDS LYING IN SEMINOLE COUNTY, FLORIDA AND CONTAINING 1.22 ACRES, MORE OR LESS. to the City of Sanford by the owner of the afore described property) cc, (The aforesaid legal description has been provided FINDINGS OF FACT Property Owner: ''ke It 161,5' ' S. 707 yr Project Name/Address: Rinehart Retail - 1621 Rinehart Road Tax Parcel Number(s): 28-19-30-514-0000-0020 Requested Development Approval: Approve the PD Rezone and PD Master Plan for Rinehart Retail 80202~ ~ m The development approval sought is consistent with the City of Sanford Comprehensive Plan and to applicable land development regulations and all other will be developed consistent with and in compliance applicable regulations and ordinances. The owner of the property has expressly agreed to be bound by and subject to the development and commitments stated below and has covenanted and agreed to have such conditions and conditions and perpetually burden the afore described property. commitments run with, follow ORdeR NOW, THEREFORE, it is ORDERED AND AGREED THAT: ppli The aforementioned a cation for development approval is GRANTED. (1) (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. Development Order No. 05-0004 - Rinehart Retail Page 1 of 3 (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 land uses and improvements to the subject property shall be generally in accordance with the Rinehart Retail PD Master Plan dated December 1, 2004; (b) If not otherwise stipulated on the PD Master Plan all land use activities and development standards for the subject property shall be consistent with the GC-2, General Commercial zoning requirements including the requirement for Conditional Use approval for specific uses; (c) Cross access to adjacent property shall be installed at such time when either staff °r the developer/owner determines a need for it; (d) Signage shall be restricted as follows: (1) One monument sign at a maximum 50 square feet sign surface area shall be permitted for the site meeting all design standards per Schedule U - Gateway Corridor Development Districts, to be consistent with the other two outpareels that are immediately adjacent within the neighboring subdivision. (2) Wall signage shall be restricted to 1.5 square feet per linear foot of signage per tenant as permitted in Schedule K - Sign Regulations. (3) The signage may be split between the two frontages such that the percentage split between the interior parking lot facing and the Rinehart Road facing shall be equal for each tenant; (4) All signage on the Rinehart Road side shall be channel letters not exceeding 24" in height; (5) If any one tenant exceeds 100 linear feet of frontage, said tenant shall not be permitted to exceed 150 square feet in overall sign area for the building. (e) Any development on land considered environmentally sensitive or wetlands shall be mitigated as required by state and local jurisdictional requirements; (O The proposed underground Stormwater Chamber System shall be reviewed during the Engineering Plan review process. If the system is found not to be acceptable due to soils, wetlands, or any other geotechnical issues, the site may require re-design; (g) A continuous and connective sidewalk system between this site and all adjacent parcels and the Seminole County Trail system shall be provided; {h) There shall be no outdoor storage or display on site. Any external appurtenances (such as vending machines, pay phones, news racks, etc.) shall be visually screened in a manner not to be visible from the street. (4) This Development Order touches and concerns the afore described property and the conditions, commitments and provisions of this Development Order shall perpetually burden, mn 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 bas 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 tl0eir-~eeting ofF. February 28, 2005_. By:~,, ~-,x_ ~ Date: -~' 'Zt4 'ZCr:>~ I~uss ~. Gibso , Director of Planning and Development Services Development Order No. 05-0004 - Rinehart Retail Page 2 of 3 O .WNER~S~CONSENT AND coVENANT Dikeou Realty LLC the owner(s) of the afore COMES NOW, _ 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 Order. Witness commitments set forth in this Development DIKEOU REALTY LLC. a Colorado limited liability company ~ DIKEOU REALTY, a C~4orado general partnership, Sole Member THE D EV ON AN~E 1~%%U '~'iXST' Partner Panayes 3'. Dikeou, Trustee print Narn~ Hcr~ Owner. STATE OF f:t:Oti~iD~ COLORADO couNTY OF ~L::~l~5~z~ Db-W,/ER CERTIFY that on this day, before me, an officer duly authorized in the State and I HEREBY take acknowled'''~ents' personally appeared ~who ~s County aforesaid to s'" ' ' _ _ _ .za .i d e. wific~lixm- anti- w h o personally known to me or. Who4ms-preduc,~'~ did take an oath. ~.~d and officml seal ~n the County and State last aforesaid tNs Lq-Or day of WITNESS ~Y .h [~..¥'"' ..... ':'~/~'~ ~e County and X C~i .,,..~lt~:~.l~lo ~ ~ qtnte aforementioned- % ",." 1%# Development Order No. 05-0004 - Rinehart Retail Page 3 of 3