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3832ORDINANCE NO. 3832 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 4.8 -+ ACRES OF PROPERTY LYING BETWEEN W. SR 46 AND W. 5TM STREET AND BETWEEN MEISCH ROAD AND AERO LANE, 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: 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: N. % OF BLOCK 18 M M SMITHS SUBD PB 1 PG 55. be and the same is hereby rezoned to PD, Planned Development zoning district and the Planned Development Master Plan is attached as Exhibit "A" 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 #04-0002. 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~~J~',;~,, day of ~ ~./~?/~ , A.D., 2004. Citv-C~nmission of the CJ~,bf _ , Florid,~ ~ Brady Lessard{, Mayor ATTEST: 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. 3832, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on th(~--~,'~,~day of Ordinance No. 3832 Page 2 2004, was posted at the front door of the City Hall in the City of Sanford, Florida, on the~'~ day of C,~ ~c(~ ,2004. As~he City Clerk of the ~ity ~' of Sanford, Florida CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certiflj on the / ~-'~ day of ~ -~..~'~(.~, 2004, 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 ~ ~-~/~/~-~.~.Lc' /// ,2004, in · , / -~/,?~ ~ I ? ~"P'- (J O.R. Book (?.~-/~ ~ Page. /~c. , Public Records of Seminole County, Florida, A~/the City Clerk of the~ity of Sanford, Florida Ordinance No. 3832 Page 3 o C/L AREO LANE PD REZONE IIIIIIIIIIBIIIIIIIBIIIBllllllIII CITY OF SANFORD DEVELOPMENT ORDER No. 04-0002 On January 26, 2004, City of Sanford issued this Development Order relating to and touching and concerning the following described property: N ½ OF BLOCK 18 M M SMITHS SUBD PB 1 PG 55 (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: Night Owl Properties, LLC 718 Treeline Place, Sanford, FL 32771 Project Name/Address: Matthews Associates PD/205 Aero Lane Parcel Number(s): 26-19-30-5AE-1800-0000 Requested Development Approval: Rezone to Planned Development with light industrial uses 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. Development Order No. 04-0002 - Matthews Associates PD 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. Page 1 of 3 (3) (4) (5) 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) Site shall be developed generally in accordance with the Matthews Associates Inc. PD Master Plan dated December 9, 2003; (b) If not otherwise stipulated on the PD Master Plan all land use activities development or design standards for the subject property shall be consistent with the RI-l, Restricted Industrial zoning requirements; and (c) All development shall be designed in accordance with the City of Sanford's L~nfl Development Regulations (LDR) including any subdivision of the property. 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. 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 their meeting of January 26, 2004. BY~~ Date: ~. S .~c~c~ c~ Russ L. Gibson, AICP Director of Planning and Community Development Development Order No. 04-0002 - Matthews Associates PD Page 2 of 3 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 performa and fully abide by the provisions, terms, conditions and commitments set forth in this Development Order. Witness Owner STATE OF FLORIDA COUNTY OF SEMINOLE I HEREBY CERTIFY that on this day, before me, an officer duly authoriz, ed in the State, and County aforesaid to take acknowledgments, personally appeared t~O~t.{ ~,o ~ar who is pe, b.soxnally_~own to me or,who has produced ~ - as identification and wh d~._~ake an oath. WITNESS my hand and official seal in the County and State last aforesaid this dayof /~. , Notary Public, in and for the ~ounty and State aforementioned. F:~SHA ENG\Development Review\Og-Development Orders\2004\04-oo02 - 205 Aero Lane - Matthews Assoc wpd Development Order No. 04-0002 - Matthews Associates PD Page 3 of 3 o'~ CO0 I ~.90,~.00N Z o ~' 15 z:~ z 3N'Cq 03~V ~It ill \/