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3924ORDINANCE NO. 3924 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 15.30 ACRES OF PROPERTY LYING BETWEEN RINEHART ROAD AND OREGON AVENUE AND BETWEEN LOWE AVENUE 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: ~ That Ordinance No. 3117 of the City of Sanford, Flodda 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 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. C~F~: The rezoning action herein is subject to the conditions provided for and agreed to in the Development Order # 05-0009. · ,~ECTION 3: Sevembilil!/. 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: Conflict,~ That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 5: Effective De.t_,-. 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. .^SSED ^.D ^DO.TED th,s day of , ^.O., 2002. City Commission of the City of Sanford, Florida ..~.--~~ "~'._.. -------_ Linda Kuhn, Mayor ATTEST: anet R. Dougherty, ~'ty Clerk I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certiflj that a true and correct copy of the foregoing Ordinance No. 3924, PASSED AND Ordinance No. 3924 Page 2 ADOPTED by the City Commission of the City of Sanford, Florida, on the Y/<~day of ~ , 2005, was posted at the front door of the City Hall in the City of Sanford, Florida, on the/'~--~day of _~/~.4~'.~ , 2005. A~the City Clerk of the Glty~'Z'~ of Sanford, Florida I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify on the ~ ~-~4day of.. ~JI'.,/'.///~..Fj , 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 ,~ " u O.R. Book~, '~:5~ , Page/-r/(z~'~-/-r/,.~'blic Records of Seminole County, Florida, the City Clerk of the (C~ty ¢ of Sanford, Florida Ordinance No. 3924 Page 3 EXHIBIT "A" Legal Description: PORTIONS OF LOTS 5 & 10, PINE I ...... .AKE GROVES ACCORDING ~I O THE PLAT THEREOF AS RECORDED IN PB 9, PG 27 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND TIlE S 5 CH OF THE W t4.4 Cll OF TIlE SE ¼ OF THE NE ¼ OF SEC' 32, TWP 19S, RGE 30E, SEMINOLE COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT TIlE SE COR OF THE NE ¼ OF SAID SEC S LINE THEREOF, 32, AS A POINT OF REFERENCE; THENCE RUN N 89°45'49" W, ALONG THE 323.33 FTTO THE W LINE OFf THE SE ¼ OF TIlE SE '/4 OF 'FILE SE ¼ OF THE NE ¼ OF SAID SEC 32; THENCE RUN N 01 °05'45" E, ALONG SAID W LINE, 30 FT TO THE N R-O-W LINE OF HUGHY ST AND THE POB; THENCE RUN N 89°45 '49" W, ALONG SAIl) N LINE, 729.59 FT TO A CURVE CONCAVE TO THE NE; THENCE RUN NWLy ALONG SAID N R-O-W LINE AND CURVE HAVING A CENTRAL ANGLE OF 62°26'39'', A RADIUS OF 170 Fl', AN ARC LENGTH OF 185.28 FF, A CItORD BEARING OF N 58032'29'' W AND A CIfORD DISTANCE OF 176.24 FT; TIfENCE RUN N 27019, 10" W, CONTINUING ALONG SAID N LINE, 247.93 FT TO TIlE S R-O-W LINE OF RINEIIART RD, SAID LINE BEING A CURVE CONCAVE TO THE NW; THENCE RUN NELY ALONG SAID S LINE AND CURVE HAVING A CENTRAL ANGLE OF 25°42'52'', A RADIUS OF 2616.49 FT, AN ARC LENGTH OF 1174.29 FT, A CHORD BEARING OF N 49009'59" E AND A CHORD DISTANCE OF 1164.46 lq' TO THE S R-O-W LINE OF SR 417, SAID LINE BEING A CURVE CONCAVE TO TIlE N; THENCE RUN ELY ALONG SAID S LINE AND CURVE HAVING A CENTRAL ANGLE OF 13029, 16", A RADIUS OF 631.46 FT, AN ARC LENGTH OF 148.65 ET, A CHORD BEARING OF S 65o28'23" E AND A CHORD DISTANCE OF 148.31 FT TO THE E LINE OF AFORESAID LOT 5, PINE LAKE GROVES; TtIENCE RUN S 00°35'26" E, ALONG SAID E LINE, 713.94 FTTO THE S LINE OF SAID LOT 5; THENCE RUN N 89027'02" W, ALONG SAID S LINE, 23.85 FT TO THE AFOREMENTIONED W LINE OF THE SE ¼ OF TIlE SE ¼ OF THE SE ¼ OF THE NE ¼ OF SAID SEC 32; THENCE RUN S 01o05'45" W, ALONG SAID W LINE, 301.49 FT TO TIlE POB. The property being more generally described as 1301 Rineharl Road. © NI:IRY;WNE II,)RSE~ CLEI~ OF CIRCUIT B~ 05792 ;:~S 0466-0469 CLERIC'S # 2005! One, City of Sanford issued this Development Order relating to and touching and concerning the following described property: (~e ~id legal desc~pfion h~ besn ~vid~ m ~e ~W of S~ford by ~s o~ of ~ ~e d~bed ~) ~ehart Road Pa~tners~ LLC~ 1951 ~ .19th St., Ste 200~ Boca ~ton~ ~oj~t N~e/A~ss: F~coa Commer~ Dev~opme~% 1301 ~neh~ goad Tax P~el N~b~(s): 3~15~$300-0020-0000~ 32-19-30-~01-00~010C~ 32.19.3~01.~.00~A ' R~ues~d D~lopm~t ~: PI~ ~v~opment R~ne for Commercl~ Subteen ~e de~l~t a~ ~u~t ~ c~is~t ~ ~e CiW of S~d ~h~siw PI~' md ~1 be developed co~st~t ~ and ~ co,Ii,ce to a~Ucable l~d d~lopm~t ~afi~ ~d ~1 o~ a~hcable re,la,ohs ~d ~ances. The owner of the protxzty has expressly agreed to be bound by and subject to the developmant conditions and coma~tments stated below and has covenanted and agreed to have such conditions and cor,-i~itments run with, follow and perpetually burden the afore described propexty. NOW, THEREFORE, it is ORDERED AND AGRRr. D THAT: (1) The afo~m~ntioned 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 S anford, 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 Order No. 05-0009 - Falcon Development Page 1 of 4 development approval; all of which have been accepted by and agreed to by the owner of the property are as follows: fi g. h. i. All land uses and improvements to the subject property shall be generally in accordance with the Falcon Development PD Master Plan dated January 4, 2005; If not otherwise stipulated on the PD Master Plan, all land use activities and development standards shah be consistent with the GC-2, General Commercial zoning requirements including the requirement for Conditional Use approval for specific uses; All development shall be la accordance with all applicable~Clty Codes and Land Development Regulations (LDR) including any subdivision of the property; The parking standard noted on the Master Plan shall be replaced by the standards in Schedule H - Parking Requirements; If approved by Seminole County, two driveways wi fi be permitted accessing Rinehart Road; The project shall comply with the CitY's well field protection ordinance requirements; The developer shall work with the City of Sanford, Seminole County and Lynx to determine if a bus stop would be appropriate for this location; The developer shall work with the City of Sanford and Seminole County to determine if utility easements between adjacent properties would be appropriate for this location; Copies of all required jurisdictional permifs (Lc. St. Johns River Water Management District, DEP, FDOT~ Seminole County, etc.) shall be submitted to the City prior to the issuance of the City's Site Development Permit; If subdividing, a Preliminary Subdivision Plan, Subdivision Improvement Plans and a l~inal Plat shall be submitted, reviewed, approved and the Irinul Plat recorded prior to the issuance of any Certificates of Occupancy; No permits shall be issued for any outparceis prior to the recordingof the Final Plat; There shall be no building permits issued for vertical construction unffi all site improvements considered to be life safety improvements are completed and all water lines are apPro~'ed by the Department of En,dronmental. Protection (DEP); and A six (6~ foot masonry or brick wall shall be installed along the east property line. 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 Development O~der No. 05-0009 - Falcon Development Page 2 of 4 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 sh~ll 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 attheh'meetingo£ /~r~r'i [. It , Rum L. ~'b~on, AICP Director of?ling and Development $~'rvioe$ Development Order No. 05-0009 - Falcon Development Page 3 of 4 OWNER'S CONSENT AND COVENANT described property in this Development Order, on behalf of itself and its heirs, successors, assigns or transferees o£any nature whatsoever and consents to, agrees with and covenants to porforma and fully '~. si~/ · . a YLorida. ] t~t/Ced :;C~ompany Witness STATE OF FLORIDA COUNTY OF SEMINOLE C I .HERI?.BY CERTIFY that on this day, b~for¢ me, an officer duly anthorized in the State end ounty aforesmd to take acknowledgments, personally appeared ~]d.,i~O~who is personally lmown to me ~ .-.'k--. ~- .... -~----~ . _.: J ........ --- ~'r ..... ,~ ......... ~,~ and who did ~ an oath. ~o~,v. iWrrNEsSm~yhandand°ffidalsealinthcCountyandStatelastaforesaidthis ~?o~ dayof _, o7~'o5' . JILL A. SLIWA ~ _/~-'~ .o"r,~,~wc. s'r^~'~ o, ao.~, ;.J.J~ary Public, in and for the County and COMMISSION # DD190362 EXPIRES 05/14r2007 ~tate aforementioned. BONDEO'rHRU I~T~R¥q Development Order No. 05-0009 - Falcon Dewlopmm~t Page 4 of 4 '~ ~ ~, ~ /2~ ///////////~ . ~ ~ ~ ~m ~se ~ntley Car~ ~ OREGON Colonial ~dlag PD ~ ~ Twin ~ke~ 1301 Rinehart Road ParceJ No: 32-19-30-501 -~00-005A 32-19-30-501-0000-010C 32- ~ 9-30-300-0020-0000 /