3834 ORDINANCE NO. 3834
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 2.5 + ACRES OF PROPERTY
LYING BETWEEN W. SR 46 AND SMITH CANAL ROAD AND
BETWEEN CENTRAL PARK DRIVE AND UPSALA ROAD,
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:
~ 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 42.5 FT OF S 150 FT OF W 474 FT OF LOT 20 SMITHS 3RD
SUBD PB 1 PG 86 AND S 65 FT OF W 200 FT OF LOT 20 SMITHS
3RD SUBD PB 1 PG 86 AND E 274 FT OF W 474 FT OF S 65 FT
OF LOT 20 SMITHS 3RD SUBD PB I PG 86 AND E 360 FT OF W
474 FT OF N 90 FT OF S 250 FT + N 10 FT OF S 160 FT OF W 474
FT OF LOT 20 SMITHS 3RD SUBD PB I PG 86 AND S 42.5 FT OF
N 85 FT OF S 150 FT OF W 474 FT OF LOT 20 SMITHS 3RD SUBD
PB 1 PG 86.
be and the same is hereby rezoned to PD, Planned Development zoning district and the
Planned Development Master Plan is attached as Exhibit UA" 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 #04-0004.
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~/L~ dayof ~/~'~;~,~/~A.D.,2004.
A'I-I'EST:
~anet R. Dougherty, ~ty Clerk~
_ City Commission of the C~i~ of
Ordinance No. 3834
Page 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. 3834, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the ~/}Y'-~- day of
· ~/~/~.n~/004, was posted at the front door of the City Hall in the City of Sanford,
Florida, on the/~'~ day
A~the City Clerk of the ~ity ~J'
of Sanford, Florida
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
on the day o~-: ~ '~-~.[~_ .41/'~_. _ , 2004, that the fully executed Development Order
was received by me within ninety (90) days of the date of adoption of this ordinance and
sa~d' Development Order was recorded by ~e, on ~L.~ ~,,~,~~ ~7~// ,2004, in
O.R. Book {_2~'/C/~ , Page / 7~~'-~-' ! pT~bl?c Records of Seminol~County, Florida,
/~ the City Clerk of t~e City
of Sanford, Florida
Ordinance No. 3834
Page 3
J
~ j
~!1;1~!! lJjll.l~ D c MOORE AND SONS
r~
Seminole County
RC-1!
ST RD 46
NOTi
IN
CITY
PD
REZONE
PD Rezone (AG to PD)
1211 Upsala Road
Parcel ID: 28-19-30-506-0000-020C
28-19-30-506~0000-020D
28-19-30-506-0000-020E
28-19-30-506-0000-020M
28-19-30-506-0000-020R
j NOT
IN
IIBIIIIBIIIIIIIIIIBIlIIIIiili
CITY OF SANFORD DEVELOPMENT ORDER
No. 04-0004
On ~,~-~*,~ q[ Ze, c,q , City of Sanford issued this Development Order relating to
and touching and concerning the following described property:
N 42.5 FT OF S 150 FT OF W 474 FT OF LOT 20 SMITHS 3RD SUBD PB 1 PG 86 and S 65 FT OF Vq 200
FT OF LOT 20 SMITHS 3RD SUBD PB 1 PG 86 and E 274 FT OF W 474 FT OF S 65 FT OF LOT 20
SMITHS 3RD SUBD PB 1 PG 86 and E 360 FT OF W 474 FT OF N 90 FT OF S 250 FT + N 10 FT OF S 160
FT OF W 474 FT OF LOT 20 SMITHS 3RD SUBD PB 1 PG 86 and S 42.5 FT OF N 85 FT OF S 150 FT OF
W 474 FT OF LOT 20 SMITHS 3RD SUBD PB 1 PG 86
(The aforesaid legal description has been provided by the Seminole County Property Appraiser's Website)
FINDINGS OF FACT
Propert3 Owner: Reverse Exchange Alpha, LLC
4100 N. Tamiami Trail, Suite 1, Naples, FL 34103
Project Name/Address: DC Moore and Sons Office Warehouse/1211 Upsala Road
Parcel Number(s): 28'19'30'506-0000-020C1020D1020EI020MIO20R
Requested Development Approval: Rezone to Planned Development
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 mn 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
Development Order No. (04-0004) - (DC Moore and Sons PD)
Page I of 3
(3)
(4)
(5)
fee ordinances.
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 DC Moore and Sons
Master Plan dated December 5, 2003;
(b) If not otherwise established on the PD Master Plan, all land use activities on
the property shall be consistent with the RI-I, Restricted Industrial zoning
requirements;
(c) All development shall be designed in accordance with the City of Sanford's
Land Development Regulations (LDR) including any subdivision of the
property;
(d) Landscaping and buffer requirements along all rights-of-way shall be
developed in accordance to Schedule J - Landscape, Buffer and Tree
Requirements;
(e) If the retention pond facing Upsala Road is designed as a wet bottom pond,
then a fountain feature shall be required and maintained;
(f) The site shall not have access to Smith Canal Road;
(g) A Unity of Title shall be required.
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 am 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 I~-~.~. cI 2e>oq
Russ L. Gibson, AICP
Director of Planning and Community Development
Development Order No. (04-0004) - (DC Moore and Sons PD)
Page 2 of 3
.OWNER'S CONSENT AND COVENANT
COMES NOW, D OA/~t. 19 C. /?/DD/~ cc .3 P, 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 n tl~?"' . ~ . ~
Development Order.
Witness
Witness
Owner
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
and County aforesaid to take acknowledgments, personally appeared DO2VAz O ~. /Y4~9~S
who is personally known to me ~ w.X:, ,Sa., prvducea as identification
and who did take an oath. --
day of
WITNESS my hand and official seal in the County and State last aforesaid this
Notary Public, in and for the County and
State aforementioned.
FSS HA_ENGXDe velopme nt Review~08-Development OrdersX2004x04-0004 _ 1211 Upsala Road-DCMoore wpd
Development Order No. (04-0004) - (DC Moore and Sons PD)
Page 3 of 3
ZONING
PART OF LOT 20
0