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3958ORDINANCE NO. 3958 CiTY OF SANFORD, FLORIDA, AMENDING RDINANCE OF THE _ G A ZONING PLAN FOR A~N= O 3748; SAID ORDINANCE_B. EIN BGZM PD, vRDINANCE NO. _. · M NDING THE EXISTING ___ PLA" TO ALLOW pLANNED DEVELO_P_Mt:~ '~"'"" AND tNSTALLATION FACILITY; VE.iCULAR ACCES_S_O_"_Y LYI.G ETWEE. W. RF_.ZONING 4.64 ACRI== v~- ANAL ROAD AND BETWEEN SEWELL ROAD STREET AND SMITH C _ D RABILITY, CONFLICTS AND RINEHART ROAD; pROVIDING FO,- SEVE AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Sanford adopted Ordinance No. 3748 and approved Development Order Number 02-0044 for BGZM PD Master Plan; and WHEREAS, the owner of subject property desires to amend the plan previously approved by the City Commission to allow for Vehicular accessory sales and installation facility on a portion of the subject property. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: ~ Ordinance No. 3748 of the City of Sanford, Florida, passed and adopted on September 9, 2002, said Ordinance being the Planned Development Ordinance of the City of Sanford, Florida, approving the Planned Development Zoning Classification is hereby amended with regard to the following part of the property described in Ordinance 3748. SECTION 2: The rezoning action herein is subject to the conditions provided for and agreed to in Development Order f~05-0028 which amends Development Order # 02- 0044. _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_. All ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon the execution and recording of the Development Order # 05-0028, 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 12th day of December, A.D., 2005. City Commission of the City of Sanford, Florida KUHN or A'FI'EST: ~anet R. DoughertY, Gity Cler~u Ordinance No. 3958 2 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. 3958 PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 12th day of December, 2005, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 14th day of December, 2005. he City Clerk of the ~ty of Sanford, Florida CERTIFICATE. I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify on the i "~ day of ~_~E,u~-~,(~J'/ _, 2o~, 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 '~'~-'~'-*-~-~- J ~ ,, 200/~, in O.R. Book ~ ( ~-~/ ., Pages_ ! '77~ Public Records of Seminole County, Florida, As the~C~'t~;~Clerk of the City of Sanford, Florida Ordinance No. 3958 3 CITY OF SANFORD DEVELOPMENT ORDER No. 05-0028 (Amendin~ No. 02-0044~ ~ ~C,~G~ CiW of S~ord issu~ ~is Development Order ~d ~nee~cfib~ pr~e~: ~- ~- ~T~E R~ S ~°12 19'~ __ ,. ~ ~c 28 ~ 19S, RGE30E, ~m e n~w i.~ OF SR 46; I~HCE ~ ALONG S~ S R~-W L~ p,¢JS .... ~CE R~ N ~12'19 W ~ONO 2~ .... T~CEOFq~u.~vL, ~ ..... ~B~S~grl ur ts~ WS. co~C~ 89 5403 WAD~__.,~ snmI~CEOF224.39~TO~,~g~ ppi~ FLDESC~EDASFOLLO ' S RGE 30E sE~OL SR W 652.9~ OF ~ ~w ~s ..... ECO ...... % OF SEC 28, ~P 19 ~*' L~ A DIST~CE OF 201 FY; sR~W OF 201FT; ~NCE R~ N ~°12'19" W ~ONG A L~ 451'~ ~ E OF ~ P~LEL ~ W L~ OF ~ DIST~CE S~ ~ V, A D~T~CE OF 455.20 ~ TO · ~) ' f ~ord ~e ~o~d le mn ~ ~n to ~NDINGS OF FA~ Property Owners: BGZM LAND LLC PO Box 916774, Longw°°d, FL 32791 David A. Gabbai, Registered Agent 202 Albrighton Court Longwood, Florida 32779 parcel Number(s): 28_19_30-300-0010-0000 Ramesh and Bajaj Navin 154 Varsity Circle Altamonte Springs, FI. 32714 o Project Name/Address: BGZM PD - 4437 W. Ia Street Requested Development Approval: Rezone property to amend Planned Development ,~, The development approval sought is consistent with the City of Sanford Comprehensive Plan and will developed consistent with and in compliance to applicable land development regulations and all other applicabl~ regulations and ordinances. The owner of the property has expressly agreed to be bound by and subject to the development conditions commitmentS stated below and has covenanted and agreed to have such conditions and commitmentS nm with, foil 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 folly comply with all of the codes and ordinances in effect in the City .~ Sanford, Florida at the time of issuance of permitS including all impact fee ordinances. ~ The conditions upon this development approval and the commitment made as to this development approval, all of which have been a~copted by and agreed to by the owner of the property are as follows: (a) Site shall be developed generally in accordance with the planned Development Master Plan dated July 29, 2002, with the exception of the following uses, which shall NOT be permitted: vehicle accessor~ X Automobile and truck repair, service or rental e~xcept that sales an ins ali rio hall be r tted tn th area de icte o.n the revised P? Master Plan for a r o. d Ti .Kin dom and otberwl cio ed tn ~o this DevelO meat Or er. X Equipment rental or repmr X Automotive dealer sales and service X Public storage facility (b) The site shall be developed in accordance with Sanford's Gateway Corridor Standards for landscaping; (c) The applicant shall install a 12 foot wide trail along Rinehart Road, which shall be designed to Seminole County's trail standards for Rinehart Road; (d) The applicant shall install a sidewalk and streetlights along State Road 46, at the time the site is developed; (e) At the time of Site plan review, staff will assess the need for the applicant to install a sidewalk along the 20 foot access and utility easement on the property; (t) Each business shall be allowed one sign with no more than 50 square feet of free standing signage. The corner parcel may have an additional sign subject to total signa~e not exceeding 72 square feet. · ' ' The design and constructmn of the vehicle accessory sales and installation facility shall (g) include, to the satisfaction of the City, the installation of dormers as an architectural feature on the building, which dormers shall run the entire length of the building, shall Ci decorative lentils above the bay doors on the include, to the satisfaction of the ry., ...... ~A-:~,ed in the photographs of the building all such construction to be suOsrammuY as u~v,~, Bluffton, South Carolina design provided by the Owner which photographs are attached hereto and the materials provided to the City Commission during the public hearings at which the use was permitted all of said documents being attached hereto and incorporated herein as if fully set forth herein verbatim. 4) This Development Order touches and ooneerns the afore described property and the conditions, commitments and provisions of this Development Order shall perpetually burden, nm 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. DF ANDiO~DERED on the date first above. · ---~mtla Kuhn, Mayor _OWNERS' CONSENT AND cOVENANt. · transferees of any nature whatsoever this Development Order, on behalf of itself and its heirs, successors, assigns or and consents to, agrees with and covenants to pefforma and fully abide by the provisions, terms, conditions and · - Order. commitments set forth m this Development Sign Name'g-tere/~] Witness BGZM LAND LLC. David Gabbai, Kcgistcretl Age STATE OF FLOR1DA cOUNTY OF SEMINOLE · · e. an officer duly autho~l., in the State and County u~o~.Ry CERTIFY that on this day. bcfo.rc~m :.. ,~-~o~ who are~rsonally known to. or who to take acknowledgmentS, perso~ y ~w~- · aforesaid as identification and who did take an oath. ' ' Z -day° WITNESS my hand and official seal in thc County and State last aforesaid this and State aforementioned. Notary Public State of Florida ] Amie Mane Cebottero Commission DO483536 Expires 10/19/2009 Page 5 of 6 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Stanley Zarinsky, Lester Brotman, William Morse, and David A. Gabbai who are personally known to me or who have produced as identification and who did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this ~ daY of Notary Public, in and for the County and State aforementioned. RAMESH Bajaj and Navin bajaj Sign Name Here Print Name Here Witness Sign Name Here Ramesh Bajaj Sign Name Here Print Name Here Witness Sign Name Here Navilt Bajaj http.//mail google com/mail/gview=att&disp=vah&attid=0'l&th=1082ab7eeT0ccd5c 12/14/2005 Page 6 of 6 STATE OF FLORIDA COUNTY OF ~mro I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Ramesh Bajaj who are per. s. gnally as identification and who didTal(e an known to me or who have produced _ ~ oath. and State last aforesaid this ~ day of WITNESS my han._d and official seal  ~_~ No~, in and for the County and State aforementioned. STATE OF F~ cOUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and , ts. ersonally appeared Navin Bajaj who are personally County aforesaid to take acknowled en . p ,. - . -, ~ identifi 'on and who did take an known to me or who have prouuc~u t ~- oath. WITNESS my hand and official seal in the County and State last aforesaid this F~'u(~_ day of Notary Public, in and for the County and State aforementioned. F 5SHA_ENG\Deveiopmenl Review\08-Development Orders\2005\05-0028 LNG Revision - Tire Kingdom - BGZM 12-8-05_1 doc http://mail.google.com/mail/?view=att&disp=vah&attid=O'l&th=lO82ab7ee70ccd5c 12/14/2005 Office Max Seminole County Racetrac Gas Dunkin' Donuts SR 46 (W 1ST ST) Logan's Eckerd Drugs PD 4401/4437 West First Street Parcel No: 28_19-30-300-0010-0000 28_19.30-300-0030-0000 Fla Power & Light PD