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3919ORDINANCE NO. 3919 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 6.57 ACRES OF PROPERTY LYING BETWEEN COUNTRY CLUB ROAD AND CR 46 A AND BETWEEN W. AIRPORT BOULEVARD AND THE CENTRAL FLORIDA GREENEWAY, 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: SE 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. ~: The rezoning action herein is subject to the conditions provided for and agreed to in the Development Order #05-0007. SECTION 3: Severabilitv. 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//---f"~ ( day of~/)~.~_~_~ , A.D., 2005. City Commission of the City of Sanford, Florida Brady Less~rd, Mayor ATTEST: ,~net R. Doughe-rty, Ci~ Clerk Ordinance No. 3919 Page 2 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. 3919, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the/_~day of ~Z'~ ~ ,2005, was posted at the front door of the City Hall in the City of Sanford, Florida, on the ~ day offs(~;~ ,2005. As~h-e City Clerk of the Cit~ of Sanford, Florida I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify on the ~2 L~ day of ~/~ ~, 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 '-~A~ 2 ~ ,2005, in O.R. Books ? 3 %/ , Page /'7 ~ ~ , Public Records of Seminole County, Florida, As th~ City'lark of the City of Sanford, Florida Ordinance No. 3919 Page 3 EXHIBIT "A" PARCEL I: Tax Id No. 34-19~30-300-012B-0000 The East 521 feet of the West 957 feet oftbe South 12.8 chains of the SE I/4 of the SE 1/4 of Section 34, Township 19 South, Range 30 East, lying South of Country Club Road. LESS the North 351.5 feet of the East 118 feet thereof AND LESS AND EXCEPT: The East 220 feet to the South 493.30 feet, (Less the West 25 feet of the North 268.70 feet thereof). And Less and Except that portion contained in that certain Order of Taking filed December 14, 1998 in Official Records Book 3553, Page 675; amended Order of Taking filed December 18, 1998 in Official Records Book 3557, Page 626, Public Records of Seminole County, Florida, being described as follows: A portion of the Southeast I/4 of Section 34, Township 19 South, Range 30 East, Seminole County, Florida, being more particularly described as follows: Commence at a found 5/8" rebar w/cap 'Henrich' marking the Southeast comer of the Southeast 1/4 of said Section 34 and its intersection with the existing northerly right of way line of County Road 46A-25th Street (as now established) as shown on Florida Department of Transportation Right-of-Way Map, Section 77310-2502; thence mn North 89°59'10" West along the South line of the Southeast I/4 of said Section 34 and said Northerly right of way line, a distance of 583.02 feet for a Point of Beginning; thence continue North 89059' 10", West along the South line of the Southeast 1/4 of said Section 34 and the Northerly right of way line of said County Road 46A-25th Street, a distance of 306.39 feet to the West line of the East 521 feet of the West 957 feet of the Southeast 1/4 of the Southeast I/4 of said Section 34; thence departing the South line of the Southeast 1/4 of said Section 34 and the Northerly right of way line of said County Road 46A-25th Sl~-eet, nm North 00" 16'49" West along the West line of the East 521 feet of the West 957 feet of the Southeast I/4 oftbe Southeast 1/4 of said Section 34, a distance of 457.01 feet to a point on a curve concave Southwesterly having a radius of 833.30 feet and a central angle of 15°25'33"; thence departing the West line of the East 521 feet of the West 957 feet of the Southeast I/4 of the Southeast 1/4 of said Section 34, from a tangent bearing of South ~5o26'56'' East, run Southeasterly along the arc of said curve a distance of 224.35 feet to the point of tangency of said curve; thence run South 00°01 '23" East 135.35 feet; thence run South 84°14'59'' East 279.25 feet; thence run South 00029'36'' East, a distance of 72.12 feet to the Poim of Beginning. Together with all rights of ingress, egress, light, air and view between the Grantor's remaining property and any facility constructed on the above described property. PARCEL 2: Tax Id No. 34-19-30-300-0120-0000 The North 136 feet of the South 844.8 feet of the East 118 feet oftbe West 957 feet of the Southeast 1/4 of the Southeast 1/4 of Section 34, Township 19 South, Range 30 East, Seminole County, Florida, less right-of-way for Country Club Road. PARCEL 3: Tax Id No. 34-19-30-300-012C-0000 The North I l0 feet of the South 708.8 feet of the East 118 feet of the West 957 feet of the Southeast 1/4 of the Southeast I/4 of Section 34, Township 19 South, Range 30 East, Seminole County, Florida. PARCEL 4: Tax Id No. 34-19-30-300-012A-0000 The North 105 feet of the South 598.3 feet of the East 96 feet of the West 957 feet of the Southeast I/4 of the Southeast I/4 of Section 34, Tovn~ship 19 South, Range 30 East, Seminole County, Florida. JJ~JJ~ Ii J JJJJ~ A¥~A~¥d ';dP $¥~ION,L '3 ¥9'¢ ';d 'S IJ ,~ .<. ~, '?.4.~ ,. ,., ¢ ',% ,-% "1 $ R 46A H, E. THOMAS JR. PARKWAY TRUCK PARKING S R 46A THOMAS JR. PARKWAY BR 05738 PGS 1790-1792 CLERK' S · 2005086477 ~I~ ~ ~7,~ holden CITY OF ~O~ DEPLOYmeNT ~ No. 05-0007 On March 14, 2005, City of Sanford issued this Development Order relating to and touching and concerning the following described property: The E 521 Ft of the W 957 Ft of the S 12.8 Ch of the SE ¼ of the SE ¼ of Sec 34, Twp 19s, Rge 300, Lying S of Country Club Road, less the N 351.5 Ft of the E 118 Ft Thereof and less and Except the E 220 Ft to the S 493.30 Ft,(Less the W 25 Ft of the N 268.70 Ft Thereo0 and less and Except That Portion Contained in That Certain Order of Taking Filed December 14, 1998 in Official Records Book 3553 Page 675; Amended Order of Taking Filed December 18, 1998 in Official Records Book 3557, Page 626, Public Records of Seminole County, FI, Being Described as Follows: a Portion of the SE ¼ of Sec 34, Twp 19s, Rge 300, Seminole County, F1 Being More particularly Described as Follows: Commence at a Found 5/8" Rebar W/cap 'Henrich' Marking the SE Cor of the SE ¼ of Said Sec 34 and its Intersection with the Existing Nly R-O-W Line of CR 46A-25tb St (As Now Established) as Shown on F1 Dept of Transportation R-O-W Map, Sec 77310-2502; Thence Run N 89'59'10" W along the S Line of the SE ¼ of Said See 34 and Said Nly R-O-W Line, a Distance of 583.02 Ft for a POB; Thence Continue N 89'59'10"; W along the S Line of the SE ~A of Said Sec 34 and the Nly R-O-W Line of Said Cr 46a-25th St, a Distance of 306.39 Ft to the W Line of the E 521 Ft of the W 957 Ft of the SE 'A of the SE ¼ of Said Sec 34; Thence Departing the S Line of the SE tA of Said Sec 34 and the Nly R-O-W Line of Said Cr 46a-25th St, Run N 00'16'49" W along the W Line of the E 521 Ft of the W 957 Fl of the SE ¼ of the SE ¼ of Said Sec 34, a Distance of 457.01 Ft to a Point on a Crowe Concave Swly Having a Radius of 833.30 Ft and a Central Angle o£ 15 '25'33"; Tnence Departing the W Line of the E 521 Ft of the W 957 Ft of the SE ¼ of the SE 'A of Said Sec 34, from a Tangent Bearing of S 15'26'56" E, Run SEly along the Arc of Said Curve a Distance of 224.35 Ft to the Point of Tangency of Said Curve; Thence Run S 00°01'23" E 135.35 Fl; Thence Run S 84' 14'59" E 279.25 Fl; Thence Run S 00"29'36" E, a Distance of 72.12 Ft to the Pob Together with All Righls of Ingress, Egress, Light, Air and View Between the Grantor's Remaining Property and Any Facility Constructed on the above Described Property, and the N 136 Ft of the S 844.8 Ft of the E 118 Ft of the W 957 Ft of the SE ¼ of the SE ¼ of Sec 34, Twp 19s, Rge 300, Seminole County, Fl, leas R-o-w for Counlxy Club Road and the N 110 Ft of the S 708.8 Ft of the E 118 Ft of the W 957 Ft of the SE ¼ of the SE ¼ of Sec 34, Twp 19s, Rge 300, Seminole County, FI and the N 105 Ft of the S 598.3 Ft of the E 96 Ft of the W 957 Ft of the SE ¼ of the SE ¼ of Sec 34, Twp 19s, Rge 30 E, Seminole County, FI. (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: Sanford Commerce Center, Ltd., 912 N. Highland Avenue Orlando, Florida 32803 Project Name/Address: Sanford Commerce Center - 2715 Country Club Road Tax Parcel Number(s): 34-19-30-300-0120-0000, 34-19-30-300-012A-0000, 34-19-30-300-012B-0000, 34-19-30-300-012C-0000 Requested Development Approval: Small Scale Comprehensive Plan Amendment and Rezone 6.57 acres at 2715 Country Club Road 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 apphcablc 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 nm 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. Development Order No. 05-0007-Sanford Commerce Center-2715 Country Club Road Page 1 of 3 (3) (4) (5) 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 ~Sanford Commerce Center Master Plan" dated as received November 08, 2004. All land uses and development standards shall comply with all applicable City Codes and Land Development Regulations (LDR) in effect at the time the development plan is submitted; (b) There shall be no outdoor activities. Outdoor storage shall be prohibited including but not limited to vehicles, materials, supplies, etc.; Permitted uses shall include Business and Professional Office uses and those (c) considered Warehouse, Storage or Light manufacturing. Any proposed commercial use not specifically noted on the PD Master Plan shall be required to submit to the city a parking sufficiency study for the proposed use prior to the issuance of any occupational license; (d) A minimum 15 foot City of Sanford City Services Easement shall be dedicated along Country Club Road; (e) A 20 foot City of Sanford City Services Easement shall be dedicated from the lift station to Country Club Road on the ease side of the propert8y for the force main; (t) There shall be no permits issued for vertical construction until all site improvements are complete and all water lines are cleared and approved by the Department of Environmental Protection (DEP); (g) If a wet detention pond is installed, a fountain feature shall be installed and maintained; (h) Any development on land considered environmentally sensitive or wetlands shall be mitigated as required by state and local jurisdictional requirements; (i) A Site Development Plan shall he submitted and approved and the site construction shall be completed as approved prior to any use or development on the site. 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 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 their meeting of ~March 14_, 2005. By~ Date: _~. (~.7.-~ Russ L. Gibson, AICP Director of Planning and Developmeut Services Development Order No. 05-0007-Snnford Commerce Center-2715 Country Club, Road Page 2 of 3 OWNER'S CONSENT AND COVENANT COMESNOW, ~lk,,~ J~2~,~c: ~r,.;,d._t, ta~[d 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. Sign Nan~e Here Print Name Here Witness Pnnt Name Here Witness Sign Nar~ Here ~..~,~ Print Name Here Owner STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared ~ k/dO, xltlX~ O_J% who is personally known to me or who has produced as identification a~nd who did take an 6'ath.. ' ~ ~L~WlTNESS my hand and official seal in the County and State last aforesaid this c~ day of No~ar~P~b~i~, ~-and f6r ~e Coim~y and ~/71 State aforementioned. U RENEE BETH MCBURNE'¥' COMMISSION # DDlg30?5 EXPIRES 03/21/'2007 Development Order No. 05-0007-Sanford Commerce Center-2715 Country Club Road Page 3 of 3 AG CR 46A W 23RD ST SITE Site 2715 Country Club Drive Parcel No: 34-19-30-300-0120-0000 34-19-30-300-012A-0000 34-19-30 -300-012 B-0000 34-19-30-300-012C-0000 Seminole County GC-2 MR-3 )~RYANNE lORe. E, O.ERK OF CIRCUIT CO~T CITY OF S~FO~ DEVELOPMENT ~ h~15*~ No. 05-0007 On March 14, 2005, City of Sanford issued this Development Order relating to and touching and concerning the following described property: The E 52l Ft of the W 957 Ft of the S 12.8 Ch of the SE ¼ of the SE ¼ of Sec 34, Twp 19s, Rge 30e, Lying S of Country Club Road, less the N 351.5 Ft of the E 118 Ft Thereof and less and Except the E 220 Ft to the S 493.30 Ft,(Less the W 25 Ft of the N 268.70 Ft Thereof) and less and Except That Portion Contained in T~at Certain Order of Taking Filed December 14, 1998 in Official Records Book 3553 Page 675; Amended Order of Taking Filed December 18, l~98 in Official Records Book 3557, Page 626, Public Records of Seminole County, Fl, Being Described as Follows: a Portion of the SE V~ of Sec 34, Twp 19s, Rge 30e, Seminole County, F1 Being More Particularly Described as Follows: Commence at a Found 5/8" Rebar W/cap 'Henrich' Marking the SE Cor of the SE ¼ of Said Sec 34 and its Intersection with the Existing Nly R-O-W Line of CR 46A-25th St (As Now Established) as Shown on FI Dept of Transportation R-O-W Map, Sec 77310-2502; Thence Run N 89"59'10" W along the S Line of the SE ¼ of Said Sec 34 and Said Nly R-O-W Line, a Distance of 583.02 Ft for a POB; Thence Continue N 89°59'10"; W along the S Ifine of the SE ¼ of Said Sec 34 and the Nly R-O-W Line of Said Cr 46a-25th St, a Distance of 306.39 Ft to the W Line of the E 521 Ft of the W 957 Ft of the SE ¼ of the SE ¼ of Said Sec 34; Thence Departing the S Line of the SE ¼ of Said Sec 34 and the Nly R-O-W Line of Said Cr 46a-25th St, Run N 00~16'49" W along the W Line of the E 52] Ft of the W 957 Ft of the SE ¼ of the SE ¼ of Said Sec 34, a Distance of 457.01 Ft to a Poim on a Crave Concave Swly Having a Radius of 833.30 Ft and a Cenual Angle oi' 15'25'33"; Thence Departing the W Line of the E 521 Ft of the W 957 Ft of the SE ¼ of the SE V~ of Said Sec 34, from a Tangent Bearing of S 15°26'56" E, Run SEly along the Arc of Said Curve a Distance of 224.35 Ft to the Point of Tangency of Said Curve; Thence Run S 00~0]'23" E 135.35 Ft; Thence Run S 84014'59.' E 279.25 Thence Run S 00'29'36'' E, a Distance of 72.12 Ft to the Pob Together w/th All Rights of Ingress, Egress, Light, Air and View Between the Grantor's Remaining Property and Any Facility Constructed on the above Described Property, and the N 136 Ft of the S 844.8 Ft of the E 118 Ft of the W 957 Ft of the SE ¼ of the SE ¼ o£ Sec 34, Twp 19s, Rge 30e, Seminole County, Fl, less R-o-w for Country Club Road and the N 110 Ft of the S 708.8 Ft of the E 118 Ft of the W 957 Ft of the SE ¼ of the SE ~A of Sec 34, Twp 19s, Rge 30e, Seminole County, FI and the N 105 Ft of the S 598.3 Ft of the E 96 Ft of the W 957 Ft of the SE ¼ of the SE ¼ of Sec 34, Twp 19s, Rge 30 E, Seminole County, Fl. (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: Sanford Commerce Center, Ltd., 912 N. Highland Avenue Orlando, Florida 32803 Project Nme/Address: Sanford Commerce Center - 2715 Country Club Road Tax Parcel Number(s): 34-19-30-300-0120-0000, 34-19-30-300-012A-0000, 34-19-30-300-012B-0000, 34-19-30-300-012C-0000 Requested Development Approval: Small Scale Comprehensive Plan Amendment and Rezone 6.57 acres at 2715 Country Club Road 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 reguiatiom and all orhez applicable regulations and ordinances. The owner of the property has expressly agreed to be bound by and subject to the development conditions and commilments stated below and has covenanted and agreed to have such conditions and comrmtments mn 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. Development Order No. 05-0007-Sanford Commerce Center-2715 Country Club Road Page 1 of 3 (3) (4) The conditions upon this development approval and the comvmtment 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 "Sanford Commerce Center Master Plan" dated as received November 08, 2004. All land uses and development standards shall comply with all applicable City Codes and Land Development Regulations (LDR) in effect at the time the development plan is submitted; (b) There shall be no outdoor activities. Outdoor storage shall be prohibited including but not limited to vehicles, materials, supplies, etc.; Permitted uses shall include Business and Professional Office uses and those (c) considered Warehouse, Storage or Light manufacturing. Any proposed commercial use not specifically noted on the PD Master Plan shall be required to submit to the city a parking sufficiency study for the proposed use prior to the issuance of any occupational license; (d) A minimum 15 foot City of Sanford City Services Easement shall be dedicated along Country Club Road; (e) A 20 foot City of Sanford City Services Easement shall be dedicated from the lif! station to Country Club Road on the ease side of the propert8y for the force main; (fl There shall be no permits issued for vertical construction until all site improvements are complete and all water lines are cleared and approved by the Department of Environmental Protection (DEP); (g) If a wet detention pond is installed, a fountain feature shall be installed and maintained; (h) Any development on land considered environmentally sensitive or wetlands shall be mitigated as required by state and local jurisdictional requirements; (i) A Site Development Plan shall be submitted and approved and the site construction shall be completed as approved prior to any use or development on the site. This Development Order touches and concerns the afore described property and the conditions, connmtments 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 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 Commlssion at their meeting of--March 14, 2005. By~ Date: ~- {<?.?_tDfD~ Director of Planning and Development Services Development Order No. 05-0007-Sanford Commerce Center-2715 Country Club Road Page 2 of 3 O._WNER'S CONSENT AND cOVENANT_ afore described cOMES NOW, ~ the owner(s) of the 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. Print Name Here Witness Witness ~rint Name Here Owner STATE OF FLORIDA coUNTY OF SEMINOLE · e me an officer duly authorized in the State and County I HEREBY CERTIFY that on this day, befor ~ ~x' k ~t2~l/l~,~t~.~ who is p.p_~erersonally known to me · knowled ents, personally appearec~ ~an bath aforesaid to take ac gm as identification and who did tak or who has produced __ WITNESS my hand and official seal in the County and State last aforesaid this ~ day of State aforementioned· ~J F.\SHA ENGXDevelopment Review\0$ -Developr~nt OrdersX2005\05-0007 - Sanford Commerce Center.wpd RENEE BETH Mc. BURNEY COMMISSION # D0193075 EXPIRES 03/21/2007 Development Order No. 05.0007-Sanford Commerce Center-2715 Country Club Road Page 3 of 3 ~8× ~OoZ ~ 0 0 >F°CB >Cb 26 66 PROPOSED OREENWAY 4O 279 291 347 120 t ,'~C: C/¢? ' RMWATER MANAGEMENT' AREA PROPOSED GREENWAY 'RUCK PARKING PROPOSED OREENWAY " ...................... ~--C'-O~-N--T~~7 -~LUg ROAD MWATER MANAGEMENT AREA PROPOSED OREENWAy