3961
ORDINANCE NO. 3961
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING
ORDINANCE NUMBER 3518 RELATING TO THE REGENCY OAKS
PLANNED DEVELOPMENT ("PD"); ADDING ADDITIONAL REAL
PROPERTY TO THE PD; PROVIDING FOR LEGISLATIVE FINDINGS
AND INTENT; PROVIDING FOR THE REZONING OF REAL PROPERTY
AND THE TAKING OF IMPLEMENTING ADMINISTRATIVE ACTIONS;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; PROVIDING FOR NON-
CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on November 22, 1999 the City Commission enacted Ordinance
Number 3518 which approved the rezoning of certain real property, totaling
approximately 26.7 acres in size, to the Planned Development ("PD") zoning
classification and approved the PD Master Plan for the Regency Oaks project which
provided for the development of 254 townhomes; and
WHEREAS, the owners of certain properties, totaling approximately 9.6 acres in
size, through authorized agents, have applied to the City of Sanford, pursuant to the
controlling provisions of State law and the Code of Ordinances of the City of Sanford,
for their properties to be added to the Regency Oaks PD which properties would
become Phases 2 and 3 of the project; and
WHEREAS, Phase 1 of the project is currently being developed by Pulte Home
Corporation; and
WHEREAS, the additional land would result in the development of an additional
98 townhomes for a total of 352 townhomes in all phases of the PD; and
WHEREAS, the applicant has also submitted a revised PD Master Plan for the
Regency Oaks project; and
WHEREAS, the City staff and the City's Planning and Zoning Commission have
reviewed and subsequently recommended approval of the additional lands being
rezoned PD and the revised PD Master Plan for the Regency Oaks project subject to
certain conditions; and
WHEREAS, the City Commission has determined that the property which is
proposed to be incorporated into the Regency Oaks PD as well as the Regency Oaks
PD as a whole is consistent with the Comprehensive Plan of the City of Sanford, the
land development regulations of the City of Sanford and the controlling provisions of
State law; and
WHEREAS, the City Commission of the City of Sanford, Florida has taken all
actions in accordance with the requirements and procedures mandated by State law.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Sanford, Florida, as follows:
SECTION 1. LEGISLATIVE FINDINGS AND INTENT.
(a) The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the City staff report relating to the application relating
to the proposal to amend PD Master Plan for the Regency Oaks project and for the
rezoning of the subject property.
(b) The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(c) This Ordinance is consistent with the goals, objectives and policies of the
Comprehensive Plan of the City of Sanford.
(d) The Regency Oaks PD, as amended, shall comply with the revised PD
Master Plan for the Regency Oaks project as dated as received by the City of Sanford
on August 5, 2005 and the design and construction of buildings shall be consistent with
the architectural elevations that have been presented to the City and approved by the
City during the course of the subject rezoning process.
(e) The Regency Oaks PD, as amended, will not adversely affect the orderly
development of the City of Sanford.
(f) The Regency Oaks PD, as amended, will not adversely affect the health
and safety of the residents or workers in the area proximate to the property described
in this Ordinance and will not be detrimental to the use of adjacent properties or the
general area within which the PD is located.
SECTION 2. REZONING
ADMINISTRATIVE ~
OF
REAL PROPERTY/IMPLEMENTING
(a) Upon enactment of this Ordinance, and the implementing actions relating
to the amendment the PD as set forth herein, the following property shall be rezoned to
PD and the application to rezone the subject property as aforesaid is hereby adopted
and approved by the City Commission of the City of Sanford and the actions taken and
authorized herein shall constitute land development regulations for the specific PD
zoning district:
LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A".
(b) The City Manager, or designee, is hereby authorized to execute the
documents necessary to formalize approval of the rezoning action taken herein and the
revision of the PD Master P~an for the Regency Oaks PD project with a~ appropriate
signatures and joinders being acquired from the property owners and those holding
interests in the subject property.
(c) The amended PD agreement relating to the Regency Oaks PD project
shall be recorded in the Official Records of Seminole County, Florida (Land Records)
by the City Clerk.
SECTION 3. CONFLICTS. All ordinances or part of ordinances ~n conflict with
this Ordinance are hereby repealed
SECTION 4. SEVERABiLiTY. If any section, sentence, phrase, word, or portion
of this Ordinance is determined to be invalid, unlawful or unconstitutional, said
determination shall not be held to invalidate or impair the validity, force or effect of any
other section, sentence, phrase, word, or portion of this Ordinance not otherwise
determined to be invalid, unlawful, or unconstitutional.
SECTION 5. NON-CODIFICATION. This Ordinance shall be not be codified in
the City Code of the City of Sanford or the Land Development Code of the City of
Sanford; provided, however, that the actions taken herein shall be depicted on the
zoning maps of the City of Sanford by the City Manager, or designee.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon passage and adoption.
PASSED and ADOPTED this ,/~Z~day of November, 2005.
A TTES T:
GHERTY,~ITY CL~RK
CITY COMMISSION OF THE CITY OF
SANFORD, FLORIDA
'-~_ _ _%%~___ ~---~-_./%
LINDA KJJHN, MAYOR
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 N
ADOPTED by the City Commission of th-- '"" ..... ~_(~- ~.¢_~, PAS.¢I~D AND
~ t.,~ty or banrord, Plot da, on the / da of
?,ov~,rnber, .,2005,;ewes posted at the front door of the Cit Hall in · ~..,. y
morlcla, on tne Z(~. P. TJ¢ day of November, 2005. Y the City of S,=.ford,
As the City Clerk of the City
of Sanford, Florida
,,Exhibit "A"
LEGAL DESCRIPTION: Phase 1, PARCEL 1: The W 3/4 of the S 1/2 of the SE 1/4 of the
SW 1/4 of SEC 28, TWP 19S, RGE 30E, and the W 3/4 of the N 1/2 of the NE 1/4 of the
1/4 of SEC 33, TWP 19S, RGE 30E, less Sly 30 fi for road, and less the E 100.00 fi of the W 1/2
~nL z. ~ne ~ ov.oO 1~ ottl~e E 1/2 of the NE 1/4 of the NE 1/4 oftha NW 1/4 of SEC
33, TWP 19S, RGE 30E, Seminole County, FL, less the E 25.00 fi for Upsala Road. Said parcel
contains 19,792 square feet LESS; The S 335.69 fi of the N 395.69 ft of the E 100.00 f~ of the W
3/4 of the NE I/4 of the NW 1/4 of SEC 33, TWP 19S, RGE 30E, Seminole County, FL; Less
R-O-W for SR 417 TOGETHER WITH: Phase 2, PARCEL 1; The S 335.69 fi of the N 395.69 fl
of the E 100.00 fi of the W 3/4 of the NE 1/4 of the NW 1/4 of SEC 33, TWP 19S, RGE 30E,
Seminole County, FL. TOGETHER WITH; PARCEL 2: The S 245.00 fi of the N 3 acres of the
E 1/2 of the NE 1/4 of the NE 1/4 of the NW I/4 of SEC 33, TWP 19S, RGE 30E, Seminole
County, FL, less the N 95.00 fi thereof and less the E 50.00 fi for road and utilities. TOGETHER
WITH: PARCEL 3: The N 95.00 fi of the S 245.00 fi of the N 3 acres of the E 1/2 of the NE 1/4
of the NE 1/4 of the NW 1/4 of SEC 33, TWP 19S, RGE 30E, Seminole County, FL, LESS the E
25.00 fi for road. TOGETHER WITH: PARCEL 4: The N 3 acres of the E 1/2 of the NE 1/4 of
the NE 1/4 of the ~ 1/4 of SEC 33, TWP 19S, RGE 30E, Seminole County, FL, LESS the S
245.00 fi and LESS the E 25 t~ for road and LESS the N 60.00 fi thereof. TOGETHER WITH:
Phase 3: TheE 1/2 of the SE 1/4 of the SE 1/4 of the SW 1/4 of SEC 28, TWP 19S, RGE 30E,
Seminole County, FL, less the E 25 fi of said E 1/2 for Upsala Road, together with the E 100 ft
of the W 1/2 of the SE 1/4 of the SE 1/4 of the SW 1/4 of said SEC 28. Phases 1, 2 and 3 parcels
altogether containing 36.3 acres more or less.
..~0
- ~
0
0
0'~
~GENCy OAKS
"~ I MASTER PLAN
MASTER PLAN
REGENCy OAKS
MAST~ PLAN
STREET LIGHT LOCATION PLAN
AG
Wal-Mart
ST JOHNS PKWY
BestBuy~
PD
SITE
RI-1
CENTRAL FLORIDA GREENEWAY (SR417)
Site
1000 Upsala Road
Parcel No: 28-19-30-300-0060-0000
28-19-30-300-006A.0000
28-19-30-300-0070.0000
28-19-30-300-0080-0000
28-19-30-300~0090-0000
33-19-30-300-0130-0000
33-19-30.300.013A-0000
33-19-30-300-013B-O000
33-19-30-300-013C-0000
33-19-30-300-0140-0000
~__ 33- t9-30-300_014B-0000
PD
~ o 0 '13
°z CD
J