3933ORDINANCE NO. 3933
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ORDINANCE NO. 3525 OF SAID CITY; SAID
PLANNED DEVELOPMENT
ORDINANCE BEING A
..: MENDMENT TO CHANGE THE ZONING
REZONE. SAID A lsT
OF 6.75:1: ACRES OF PROPERTY LYING BETWEEN W.
STREET AND CREEK ROAD AND BETWEEN CENTRAL
PARK DRIVE AND UPSALA ROAD, FROM PD, pLANNED
DEVELOPMENT, TO PD, pLANNED DEVELOPMENT; AND
TO AMEND THE FLORIDA-STOR-A-WAY pLANNED
DEVELOPMENT MASTER PLAN TO ALLOW A CHANGE
FROM SELF STORAGE TO OFFICE/WAREHOUSE FLEX
SPACE FOR A PORTION OF THE SITE; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
~ That Ordinance No. 3525 of the City of Sanford, Florida, passed and
adopted December 27, 1999, be and the same is hereby amended as follows: SEE ATTACHED EXHIBIT "A'
be and the same is hereby rezoned to PD, Planned Development zoning district, and the
Planned Development Master Plan dated March 31, 2005 is attached as Exhibit "B" and
is included herein by reference as if fully set forth herein.
C_~=.~: The rezoning action herein is subject to the conditions provided for
and agreed to in the Development Order if 05-0014.
~ECTION 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.
~ECTION 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 ~x~f~ , A.D., 2005.
City Commission of the City of
Sanford, Florida
A'CrEST:
/~net .... R.~ Dougherty, Ci~/Clerk [/
LINDA ~UHN, Mayor
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. 3933, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on theC"~~l- day of
"-[~/l~& ~ ,2005, was posted at the front door of the City Hall in the City of Sanford,
/~'~ day of ~¥/0.~,~ ,2005. . ~
Florida, on the_ .) ~/~/~ ~/~,/~_ ~(~ ~.¥ (,,~r~
As t~ne City Clerk of the City
of Sanford, Florida
Ordinance No. 3933
Page 2
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
on thJ. 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 ~,~,~L ~-~. 2005, in
O.R. Book _~~-5~ , Page ~-!~u~bbl?c Rec°rds of Seminole County, Florida,
~s t~rk of the C'ty~
of Sanford, Florida
Ordinance No. 3933
Page 3
J
CITY OF SANFORD DEVELOPMENT~It¥ t hold~ No. 05-0014
On May 9, 2005 , City of Sanford issued this Development Order relating to and touching
and concerning the following described property:
THE N 155 FT OF THE S 405 FT OF LOT 9, M.M. SMITH'S THIRD SUBD, ACCORDING TO THE PLAT THEREOF, AS
RECORDEn IN PB 1, PG 86 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FL, LESS THE N 64.40 FT OF THE W 15 FT
THEREOF FOR RIGHT OF WAY FOR UPSALA ROAn & LOTS 17, 18, 19, AND 21, AND THE N ~ OF LOT 20 BOOTH,S SUBD,
ACCORDING TO PLAT THEREOF, AS RECORDED IN PB 5, PG 6, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY FL
AND THE S ¼ OF LOT 20, TOGETHER WITH ~ OF VACATED ST ON S BOOTH,S SUBD, ACCORDING TO PLAT THEREOF,
AS RECORDED IN PB 5, PG 6, OF THE PUBLIC RECORDS OF 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: Fiorida-Stor-A-Way, 106 E. Robinson Street, Suite 312, Orlando, Florida 32801
Project Name/Address: Amended USA-Florida Stor-A-Way / 4051 W lst Street
Tax Parcel Number(s): 28-19-30-506-0000-009C, 28-19-30-502-0000-0170 & 28-19-30-502-0000-0200
Requested Development Approval: Amend the PD Master Plan for the USA/Florida Stor-A-Way
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
comnUtments run 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.
(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:
Development Order No. 05-0014 - Revised USA/Florida Stor~A~Way PD
(A) All development shall comply with the Revised USA Stor-A-Way PD Master Plan
dated March 31, 2005;
(BI The conditions as noted in Development Order No. 01-0032 shall remain in effect if
the City's s '
amtary sewer system is not utilized as part of this new phase of
development;
(C) The applicant shall continue to work with staff and the owners of the 7-11 property
to the north to establish the cross access between the sites. If the cross access is
established, but found to be a safety concern, staff shall have the authority to
r *
eqmre ~ts removal. In addition, the applicant shall work with the staff to install
Page 1 of 3
any necessary safety measures (traffic calming devices, stop signs, etc.) to reduce
traffic safety hazards;
(D) Any development shall meet and comply with all fire and life safety requirements;
(E) Additional landscaping, to be determined by staff at the time of Site Plan, shall be
required in the landscape buffer along Upsala Road to compensate for the loss of
depth in said buffer and the lack of required foundation landscaping;
(F) Construction and Elevations of the buildings shall be consistent with the
Architectural Elevations presented and approved by the City through this rezone
amendment process;
(G) Copies of all required jurisdictional permits (i.e. 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;
(H) If subdividing, a Preliminary Subdivision Plan, Subdivision Improvement Plans
and a Final Plat shall be submitted, reviewed, approved and the Final Plat recorded
prior to the issuance of any Certificates of Occupancy;
(I) The location of the wall on the east side may be moved a minimum of five feet but
no more than ten feet from its proposed location to allow for flexibility when
reviewing the Development Plan for the site;
(J) A sign stating "No Tractor Trailers Beyond This Point" shall be posted and
maintained somewhere along the southerly section of the building;
(K) Applicant shall work with staff to improve circulation to the rear of the building
for larger truck traffic; and
(L) The applicant is to demonstrate to staff that the turning radius is adequate for
trucks..
(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.
STATE OF FLORIDA
COUNTY OF SEMINOLE
As approved and authorized for execution by the City Commission
at their meeting of May 9, 2005.
By: ~,~.x~ ~ &-~--q:~;~ ~ Date:
Russ L. Gibson, AICP
Director of Planning and Development Services
I HEREBY CERTIFY that olM4~is day before me, an officer duly authorized in the State and County aforesaid to take
acknow edgments, personally appearet~ ~ who is personally known to me who did take an oath.
~WITNESS my hand and official seal in the County a¢4 ~te last aforesaid thisr-~ B~ day of
~*'.,~,:o' Ent~lnaAu~u~04.[~0~' sN, a~tea~afoPrUebl~j;~, for thd County and
Development Order No. 05-0014 - Revised USA/Florida Stor-A-Way PD
Page 2 of 3
OWNER'S CONSENT AND COVENANT
') (T 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.
Witness
Witness
STATE OF FLORIDA
COUNTY OF SEMINOLE
I I-[EREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, personally appeared ~.o ~ ~_ ¢,\\~ ,~
who is personally known to me or who has produced tr~_x,,~ %_~.x~.o~x---~ .~ '~$~f~ as id}nti~c}tion
and who did take an oath. ~ - ~- ~-
WITNESS my hand and official seal in the County and State last aforesaid this
day of¢,~.~ J ~ .
otary Public, in and for the County and
State aforementioned.
FLORENCE A. DE GRAVE
MY COMMtSSION ~ DD 16421~0
EXPIRES: November 12, 2006
Development Order No. 05-0014 - Revised USA/Florida Stor-A-Way PD
Page 3 of 3
Seminole Polnte
Apartments
W 1ST ST
Upsala
Executive
Center
West]ake
Apartments
PD
si~
4051 We~ 1~ Street
Panel No: 28-19-30-506-0000-009C
28-19-30-502-0000-0170
28-19-30-502-0000-0200
SMI
RI-I
PD