3836ORDINANCE NO. 3836
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 32.45 ACRES OF
PROPERTY LYING BETWEEN NORTH WAY AND PINE ~
WAY AND BETWEEN MAGNOLIA PARK TRAIL AND
ANDREWS 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:
THE N 1/2 OF THE NW 1/4 OF SEC 18, TWP 20S. RGE 31E,
SEMINOLE COUNTY, FL, LESS THE W 1501.30 FT THEREOF AND
LESS THE E 522.35 FT OF THE W 2023.65 FT OF THE S 417.00 FT
OF THE N HALF OF THE NE 1/4 OF SEC 18 AND ALSO BEGIN AT
THE NE COR OF THE NW QUARTER OF SEC 18 RUN W 8.7
CHAINS, RUN S 12.98 CHAINS, E 4.26 CHAINS, E 20°-00'00'' N
4.75 CHAINS, N TO BEG, SEMINOLE COUNTY, FL.
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.
ECT~: The rezoning action herein is subject to the conditions provided for
and agreed to in the Development Order #04-0001.
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: Conflict~ That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby revoked.
SECTION 5: Effective Da*-' 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 ~::~//~A.D., 2004.
City Commission of the City of
~rida
ATTEST:
net R. Dougherty,~ity Cle~"
Ordinance No. 3836
Page 2
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. 3836, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the~7/~ day of
, ,2004, was posted at the front door of the City Hall in the City of Sanford,
the/~-~ day
Florida, on ~ 2004.
's the City Clerk of tl~ City
of Sanford, Florida
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
on the day of ~ ~(~r'~-~V , 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 '-~/~ ;~(C~ _~ '~ ,2004, in
Records of Seminole County, Florida,
s the City Clerk of th6/City ~'
of Sanford, Florida
Ordinance No. 3836
Page 3
It 1tlf111
'ti, ti~ti~
:':':':': PD
REZONE
PD Rezone
145 Rose Hill Trail
Parcel ID: 18-20-31-300-005C-0000
18-20-31-300-0060-0000
18-20-31-300-006A-0000
18-20-31-300-006C-0000
18-20-31-300-006D-0000
18-20-31-300-006E-0000
18-20-31-300-006F-0000
Seminole County
i iIIiII III IIIlll I III I II II II I III I III II II I IIIIII
~, P~:8~ ~v §~ 83:[ PO0~
CITY OF SANFORD DEVELOPMENT ORDER
No. 04-0001
On February 9, 2004 , City of Sanford issued this Development Order relating to and
touching and concerning the following described property:
THE N ~ OF THE NW % OF SEC 18, TWP 20S, RGE 31E, SEMINOLE COUNTY, FL, LESS THE W 1501.30 FT
THEREOF AND LESS THE E 522.35 FT OF THE W 2023.65 FT OF THE S 417.00 FT OF THE N HALF OF THE NE
% OF SEC 18 AND ALSO BEGIN AT THE NE COR OF THE NW QUARTER OF SEC 18 RUN W 8.7 CHAINS, RUN S
12.98 CHAINS, E 4.26 CHAINS, E 20°-00'00'' N 4.75 CHAINS, N TO BEG, SEMINOLE COUNTY, FL.
(The aforesaid legal description has been provided to the City of Sanford by the owner of the afore described
property)
Prope> .~,: Ox~mers:
FINDINGS OF FACT
Laverne Cox and D.R. Horton, inc.
145 Rose Hill Trail 6250 Hazeltine National Dr, Suite 102
Sanford, Florida 32773 Orlando, Florida 32822
Project Name/Address: Magnolia Club Townhouses - 145 Rose Hill Trail
Parcel Number(s): 18-20-31-300-006A-0000, 18-20-31-300-006E-0000, 18-20-31-300-006D-0000
18-20-31-300-0060-0000, 18-20-31-300-006C-0000, 18-20-31-300-006F-0000
18-20-31-300-005C-0000
Requested Development Approval: Rezone 32.45 acres to PD, 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 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.
Development Order No. 04-0001 - Revised Magnolia Club Townhouses - 145 Rose Hill Trail
Page I of 4
id,
(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:
(a)
(b)
(c)
(d)
(e)
(g)
(h)
(i)
O)
No more than 12 dwelling units shall be permitted for construction on the southerly
2 acres of the revised project plan (Cox property) until an amendment to the Future
Land Use map (LDR-SF to MDR-10) has been approved by the City and by the
Department of Community Affairs (DCA);
Site shall be developed generally in accordance with the Magnolia Club Master Plan
dated November 21, 2003. If not specified on the Master Plan, all land uses and
development standards shall comply with all applicable City Codes and Land
Development Regulations (LDR);
Submittal and approval of the required Subdivision Plans in accordance to
Sanford's LDR;
Any development on land considered environmentally sensitive or wefl~nd~ shall be
mitigated as required by state and local jurisdictional requircmc~:/.~;
A Preliminary Subdivision Plan and Subdivision Improvement Plans shall be
submitted, approved constructed as approved by the City prior to any use or
development of the site;
A Plat shall be reviewed, approved and recorded prior to the issuance of any
certificates of occupancy;
The existing pond shall be bermed up, so that the overflow structure can be elevated
to a minimum elevation of 45.5 feet;
A drainage pipe of appropriate diameter, installed at the 100 year flood elevation of
the Rose Hill pond, shall be constructed from the Magnolia Club pond and stubbed
out at the Rose Hill property line. The Magnolia Club developer will obtain and
incur all permits and construction expenses for the connection of the stub out with
the Rose Hill pond;
Landscaping: Additional trees shall be planted between the western property line
and the proposed town homes. Such trees shall fill the blank spots within the 35 foot
buffer area. A tree survey that identifies trees of 4 inch caliper or greater shall
provide the basis for in-filling the blank areas with evergreen trees and shrubs.
These amenities shall be considered as required project improvements and shall be
maintained in perpetuity by the Home Owners Association.
Buffer: Buffering between the Rose Hill subdivision shall include the following:
(1) A 3 5 foot wide natural buffer area along the west property line shall be retained. ~411
existing natural vegetation shah remain.
(2) /~ sOo foot high masonry wall shah be located approximately 38feet from the west
property line, east of the natural buffer to create a solid screen. Climbing vines with
irrigation shad be provided on the west side of the wail in order to provide a visual
vegetative buffer between Rose Hill Subdivision and Magnolia Club.
(3) The internal access road should be shifted easterly of the masonry wall
(4) The proposed units should maintain approximately 105 feet minimum dlstance from
the western property line.
(5) The majority of town home units facing the western property line should have minimal
windows.
Buffering between the Baker's Crossing subdivision shall include the following:
(I) ~4 minimum thirty-five (35)foot building setback is required along the southern
property line along with a fifleen (15) foot landscape buffer;
(2) The six foot high red brick wall shah be located on the property line with a 15 foot
landscape buffer with a double row of trees staggered on twenty-five (25)foot centers.
The inner row (along wail) shah be oah trees having a minimum initial height of
fifteen (15) feet and four (4) inch calipers measured four and half feet above grad~
The outer row shall be sub-canopy trees (Lc. maple, holly or similar) with a minimum
of(2) two inch calipers as noted above. Required shrubs shah also be installed. AH
landscaping shah be irrigated and permanently maintained.
(3) A n under drain system shall be installed along the north side of the brick wall on south
property line so the water can be carried to an adequate outfall.
Development Order No. 04-0001 - Revised Magnolia Club Townhouses - 145 Rose Hill Trail Page 2 of 4
(k) The gaps or openings in the existing berm along the west side of the development
(Cox property) shall be filled in, graded and landscaped to match the existing berm.
(I) No construction traffic shall be permitted via Rose Hill Trail or allowed thru the
Rose Hill subdivision.
(4) This Development Order touches and concerns 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 ora 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.
As approved and authorized for execution by the City Commission
at their meeting of February 9, 2004.
BY::~.'~~--~~ Date:
Russ L. Gibson, AICP
Director of Planning and Community Development
Development Order No. 04-0001 - Revised Magnolia Club Townhouses - 145 Rose Hill Trail Page 3 of 4
COMES NOW,
OWNER'S CONSENT AND COVENANT
t-h,,lff.~,.~ ¢~oV- 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.
Sign Name Here
Witness
Print Nm Here
Witness
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared '3'¢,c£t¢¥ ,T. IXle~Ot-o~, who
is Eersonally known to me or who has produced as identification and
who did take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this .2 0 4 k day of
~¢b¢Vwc~ ,ZOOq .
I--'**?',i~ '~ MYOOMMI$$10N#DD103352 I!
I =~.~:".~..-'' EXPIRES: July 26, 2006 II
~otary Public,/~n and for the Cout~ty a~
State aforementioned.
Development Order No. 04-0001 - Revised Magnolia Club Townhouses - 145 Rose Hill Trail Page 4 of 4
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