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3925ORDINANCE NO. 3925 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 22.34 ACRES OF PROPERTY LYING BETWEEN WILDWOOD DRIVE EXTENDED EASTERLY AND LAKE MARY BOULEVARD AND BETWEEN HIDDEN LAKE DRIVE AND STERLING PINE STREET, FROM SR-1, SINGLE FAMILY RESIDENTIAL 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: 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. SECTION 2: The rezoning action herein is subject to the conditions provided for and agreed to in the Development Order # 05-0012. 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 10th day of October, A.D., 2005. ATTEST: City Commission of the City of Sanford, Florida ~anet R. Dougherty, ~ty ClerkU 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. 3925, PASSED AND Ordinance No. 3925 Page 2 ADOPTED by the City Commission of the City of Sanford, Florida, on the 10th day of October, 2005, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 12th day of October, 2005. /~ the City Clerk of their7~ v~. of Sanford, Florida I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify on the //IX day of ~ ,.~O~C~, tha. t thee. fully ~xecuted, De, velopmeJ~t Order said Development Order was recorded by me on ~;y ~ ¢ , 200~, in O.R. Book ~ o ~ , Paget / ¥5~-, Public Records of Seminole County, Florida, / 3~PI As t'h~ City Clerk of the City of Sanford, Florida Ordinance No. 3925 Page 3 EXHIBIT "A' Legal Description: FROM THE INTERSECTION OF THE E LINE OF SEC I 0, TWP 20S, RGE 30E WITH THE SL~ LINE OF THE SANFORD GRANT LINE. RUN N 63050'57" W 780.22 FT FOR A POB, THENCE RUN N 00°48'5~5'' E PARALLEL WITH THE E LINE OF SAID SEC 10, 813.287 FT TO A POINT ON THE SLY BOUNDARY LINE~F HIDDEN LAKE UNIT l-C, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PB 17, PGS 55 AND 56 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN ALONG THE SLY AND WLY BOUNDARY LINES OF SAID HIDDEN LAKE UNIT I-C AS FOLLOWS, N 89°1 I '06_5' W 375 FT, N 415 FT, W 250 FT TO A POINT ON THE CENTERLINE OF LOClt LOW DRIVE, ACCORDING TO THE PLAT OF SAID HIDDEN LAKE UNIT I-C, THENCE RUN N 260 FTTO THE NWLY CORNER OF BLOCK K OF SAID HIDDEN LAKE UNIT I -C, THENCE LEAVING THE BOUNDARY OF SAID HIDDEN LAKE UNIT I -C RUN N 81 °25'52" W 417.39 F1r, THENCE RUN S 00°44'31.5 "W 130 FT, THENCE RUN S 79026'50" E 41 1.38 FT, THENCE RUN S 88.34 FT TO A POINT ON A CURVE CONCAVE NWLY HAVING A RADIUS OF 570 FT, A CHORD AND CHORD BEARING OF 22.82 FT, S 64039'58" W, THENCE RUN SWLY ALONG SAID CURVE THROUGtl A CENTRAL ANGLE OF 02°17'37", 22.82 FT TO THE P.T., ]'HENCE RUN S 65o48'46" W 65.22 FT TO THE P.C. OF A CURVE CONCAVE SELY AND HAVING A RADIUS OF 325.22 FT, THENCE RUN SWLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53°18'23", 302.57 FT TO THE P.T., THENCE RUN S 12o30'23" W 97.61 FT TO THE P.C. OF A CURVE CONCAVE ELY AND HAVING A RADIUS OF 628.43 Fl', THENCE RUN SLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF I ' " 3°21 35 146.53 FT TO THE P.T., THENCE RUN S 00°51 '12" E 164.59 FT TO THE P.C. OF A CURVE CONCAVE NWLY AND HAVING A RADIUS OF 245.01 FI', THENCE RUN SLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46°51' 15", 200.36 FT TO TIlE P.T., THENCE RUN S 46°00'03'' W 382.45 FT, THENCE RUN S 00°48'31" W 42.28 Fl', THENCE CONTINUE S 00°48'31" W 100 FT, THENCE RUN S 89°18'27" E 200 FT; THENCE RUN N 00°48'31" E 100.00 FT TIIENCE RUN S 89°18'27" E 461.75 FT, THENCE RUN S 00°48'31" W 2.57 FT, THENCE RUN S 63o50'57" E 80.67 FT, THENCE RUN N 26°09'03'' E 183.08 FT TO A POINT ON THE SLY LINE OF THE SANFORD GRANT LINE, TI IENCE RUN S 63o50'57" E ALONG SAID GRANT LINE, 509.14 FT TO THE POB. CONTAINS 23.395 ACRES LAND & WATER The property being more generally described as 500 Art Lane. © Ill Ii ]t "'m' Ul If Illll IIIII II I~ Iii Ii N I Il I ill IIIi l lll~lll CITY OF SANFORD DEVELOPMENT ORDER No. 05-0012 On October 10, 2005, City of Sanford issued this Development Order relating to and touching and concerning the following described property: FROM THE INTERSECTION OF THE E LINE OF SEC 10, TWP 20S, RGE 30E WITH THE SLY LINE OF THE SANFORD GRANT LINE. RUN N 63°50'57" W 780.22 FT FOR A POB, THENCE RUN N 00°48'53.5" E PARALLEL WITH THE E LINE OF SAID SEC 10, 813.287 FT TO .6:POINTOI~HE~SLY BOUNDARY LINE OF HIDDEN LAKE UNIT l-C, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PB 17, PGS 55 AND 56 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE RUN ALONG THE SLY AND WLY BOUNDARY LINES OF SAID HIDDEN LAKE UNIT 1-C AS FOLLOWS, N 89°11'06.5'' W 375 FT, N 415 FT, W 250 FT TO A POINT ON THE CENTERLINE OF LOCH LOW DRIVE, ACCORDING TO THE PLAT OF SAID HIDDEN LAKE UNIT l-C, THENCE RUN N 260 FT TO THE NWLY CORNER OF BLOCK K OF SAID HIDDEN LAKE UNIT l-C, THENCE LEAVING THE BOUNDARY OF SAID HIDDEN LAKE UNIT 1-C RUN N 81°25'52" W 417.39 FT, THENCE RUN $ 00°44'31.5 "W 130 FT, THENCE RUN S 79°26'50" E 411.38 FT, THENCE RUN S 88.34 FT TO A POINT ON A CURVE CONCAVE NWLY HAVING A RADIUS OF 570 FT, A CHORD AND CHORD BEARING OF 22.82 FT, S 64039'58'' W, THENCE RUN SWLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°17'37", 22.82 FT TO THE P.T., THENCE RUN S 65°48'46" W 65.22 FT TO THE P.C. OF A CURVE CONCAVE SELY AND HAVING A RADIUS OF 325.22 FT, THENCE RUN SWLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53°18'23'', 302.57 FT TO THE P.T., THENCE RUN S 12°30'23'' W 97.61 FT TO THE P.C. OF A CURVE CONCAVE ELY AND HAVING A RADIUS OF 628.43 FT, THENCE RUN SLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°21'35'' 146.53 FT TO THE P.T., THENCE RUN S 00~51'12'' E 164.59 FT TO THE P.C. OF A CURVE CONCAVE NWLY AND HAVING A RADIUS OF 245.01 FT, THENCE RUN SLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46°51'15", 200.36 FT TO THE P.T., THENCE RUN S 46°00'03" W 382.45 FT, THENCE RUN S 00°48'31'' W 42.28 FT, THENCE CONTINUE S 00°48'31" W 100 FT, THENCE RUN S 89°18'27" E 200 FT; THENCE RUN N 00°48'31'' E 100.00 FT THENCE RUN S 89°18'27" E 461.75 FT, THENCE RUN S 00°48'31" W 2.57 FT, THENCE RUN S 63°50'57" E 80.67 FT, THENCE RUN N 26°09'03'' E 183.08 FT TO A POINT ON THE SLY LINE OF THE SANFORD GRANT LINE, THENCE RUN S 63°50'57" E ALONG SAID GRANT LINE, 509.14 FT TO THE POB. CONTAINS 23.395 ACRES LAND & WATER (The aforesaid legal description has been provided to the City of Sanford by the owner of the afore described property) Property Owner: Project Name: Project Address: Tax Parcel Number: © C) FINDINGS OF FACT Barclay Woods III LLC, 1085 W Morse Blvd Ste A, Winter Park, FL 32792 Reserve at Sanford 500 Art Lane 10-20-30-300-0020-0000 Requested Development Approval: Rezone to PD, Planned Development for a Townhome Commu .n~y 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 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: 0 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. (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) Approval of the Large Scale Comprehensive Plan Amendment changing the Future Land Use to MDR-10, Medium Density Residential; (b) Approval of the Planned Development Rezone for the proposed Townhouse Community; (c) All development shall be in accordance with the City's Land Development Regulations including the Townhouse Standards adopted by Ordinance 3907 unless otherwise noted herein; (d) The proposed development shall he for Single Family residential (Townhouse) uses only; (e) The units shall be the owners primary residence for a minimum of one (1) year; (1) A maximum of 132 units may be constructed with the following restrictions: 1. 46.5% shall not have less than 1,198 square feet of living area 2. 53.5% shall not have less than 1,601 square feet of living area (g) Applicant is to work with staff in regards to traffic calming devices on Sterling Pine Street; (h) The following City Utilities Department requirements shall be met prior to any approval of Subdivision Improvement Plans: 1. The sewer and water lines shall not be located in the storm water wet areas. Per section 21.1.2 of the Sanford Utilities Standards manual there shall be a 20-foot minimum easement or 15-foot if adjacent to an existing road right-of-way. The sewer and water line must remain dry year around and be accessible by utility vehicles; 2. Fire Flow requirements shall be meet. A Fire hydrant is required to be located at the first buildable lot and every 500 feet thereafter; 3. A looped water supply system shall be provided for the entire site; and 4. An alternative irrigation source shall be provided for the site. The Preliminary Subdivision Plan approval shall expire after a period of six (6) months fi) Development Order No. 05-0012 - Reserve at Sanford - 500 Art Lane Page 2 of 4 O) (k) (1) if Subdivision Improvement Plans are not submitted; Subdivision Improvement Plans (Final Engineering) shall be submitted, reviewed and approved before any construction can commence on site; There shall be no building permits issued for buildings, residences or community amenities until all site improvements have been completed and approved by the City of Sanford; and The Final Plat is to be submitted, 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 th. elf.meeting of October 10,2005. BY:~"t~~_~r~ Date: I-'{3-gcrXD~ Russ L. ~ibson, AICP - Director of Planning and Development Services STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day, before me, an offi0ar duly authorizled in the State and CougltY~utc~ai~owledgments personally appeared ~'~[1%,~ (~ b,~O w ' p~.rsor~ally known to me___qr_lafl~ has produced ~ . ~ ,_~ :~ I..,. _. ('} , ho,~s , , ~'/cem~h ~ ~ a~ menuncauon ano WhO alu WITNESS mY hand and °fficial seal in the C°unty ~$Atate last afor id' lO%ay of and f6r the C~ and State a~oremen~ned. Development Order No. 05-0012 - Reserve at Sanford - 500 Art Lane 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 of any nature whatsoever and consents to, agrees with and covenants to pcrforma and fully abide by the provisions, terms, conditions and commitments set forth in this Development Order. Witness d- Owner Witness STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesa' ,, t~v,~ owle )unty~ .... ackllg~ledgments, personally appeared l~fiotl~t'i% -3 Cor ~o~ who is .~pe~ known to me or who h~ax nroduce~l ~e~ ~ r ~ .~ ~ as ~dentification~nd who did W~rNESS ~rny hand and official seal in the Coun~ ~ ota~ublic[~n and for the Coun and ~ ~~'~ S~te aforeme~oned Development Order No. 05-0012 - Reserve at Sanford - 500 Art Lane Page 4 of 4 Seminole County SITE AG Site 500 Art Lane Parcel No: 10-20-30_300.0020_0000 Se~ AG