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3859ORDINANCE NO. 3859 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 7.15 :!: ACRES OF PROPERTY LYING BE'I~/EEN OLD LAKE MARY ROAD AND THE CENTRAL FLORIDA GREENEWAY AND BETWEEN W. AIRPORT BOULEVARD AND THE CENTRAL FLORIDA GREENEWAY, FROM MI-2, MEDIUM INDUSTRIAL AND 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 SEE A'I-I'ACHED EXHIBIT "A" be and the same is hereby rezoned to PD, Planned Development zoning district and the Planned Development Master Plan is attached as Exhibit "B" 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 # 04-0011. 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 26th day of April, A.D., 2004. ATTEST: ~anet R. Doughert ,y,~'City Cle~ Brady Lessard/~ay~3'~ - ' Ordinance No. 3859 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. 3859 PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 26th day of April, 2004, was posted at the front door of the City Hall in the City of Sanford, Florida, on the ~day of April, 2004. /~ the City Clerk of th~City (/ of Sanford, Florida CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify on the ~ day of ~----~/.4',.g_~ ,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 (~/'~L/~/0 ,2004, in O.R. BookO,5"~/-/~,. Page ,~.,..~, Public Records of Seminole County, Florida, the City Clerk of the~City ' of Sanford, Florida Ordinance No. 3859 Page 3 ~:q.J. NaO aONaElaV~O~ OIE]8 //' 'OUl 'LUnl].JOBUO0~S. ~;~ I I~ II III I III I III N III I IIIIIIB I IBIIII BIB BIB III CITY OF SANFORD DEVELOPMENT ORDER No. 04-0011 On April 26, 2004, City of Sanford issued this Development Order relating to and touching and concerning the following described property: A portion of the Northwest 1/4 of Section 2, Township 20 South, Range 30 East, Seminole County, Florida, being more particularly described as follows: Commence at the West 1/4 corner of said Section 2; thence North 00°13'13" West along the West line of the Northwest 1/4 of said Section 2 a distance of 146.46 feet to the Point of Beginning; thence continue North 00° 13'13" West along said West line a distance of 43.95 feet to a point on the Southeasterly right-of-way line of the C.S.X. Railroad; thence North 42°45'10" East along said Southeasterly right-of-way line a distance of 334.66 feet to a point on the Southwesterly right-of-way line of Airport Boulevard as shown on the Florida Depar~nent of Transportation Right-of-Way map for State Road 417, Section 77310-2501, dated May 12, 1998; thence along said Southwesterly right-of-way line the following courses and distances: South 36~17'07" East a distance of 202.49 feet; thence South 37043'58" East a distance of 792.38 feet; thence South 41°16'30" West, a distance of 20.38 feet to a point on the right-of-way line of State Road No. 417 as shown on the Florida Department of Transportation Right-of-Way map, Section 77310-2501, dated May 12, 1998; thence continue South 41 ~16'30" West along said right-of-way line a distance of 225.34 feet to a point on the Northeasterly right-of-way line of said State Road 417; thence North 48°43'30" West along said Northeasterly right-of-way line a distance of 96.34 feet to the Point of Curvature ora curve, concave Northeasterly. having a radius of 5.090.26 feet. a central angle of 09°42'45'' and chord distance of 861.84 feet that bears North 43 °52'06" West; thence Northwesterly along thc arc of said curve and along said Northeasterly right-of-way line a distance of 862.88 feet to the Point of Beginning. Containing 7.15 acres, more or less. (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: Barton Pilcher, Succ Trustees - Stemper Trust 2595 Sanford Avenue, Sanford, Florida 32773 Project Name/Address: Brio Commerce Center - 1511 W. Airport Boulevard Parcel Number(s): 02-20-30-300-034A-0000 Requested Development Approval: Rezone to PD for Commercial/Light Industrial Land 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. 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. ,p Development Order No. 04-0011 -Brio Commerce Center Page I of 3 (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) All land uses and activities conducted on site shall be in accordance with Schedule B - Permitted Uses, Sanford Land Development Regulations for GC-2 and RI-I zoning. No Automotive land uses shall be permitted on site with the exception that Automobile and Truck Accessory Sales and Installation (indoors only) may be considered if approved as a Conditional Use provided there are no significant environmental risks such as petroleum products disposal. Examples might include auto stereo sales, performance accessories, window tinting, etc. (b) All uses and activities shall be conducted indoors at all times with the exception of storage being allowed within the Greeneway right-of-way subject to Expressway Authority approval; (c) No chain link or barbed wire fencing shall be located outside of the Greeneway Rigi~t- of-way with the exception around the retention area subject to the fencing being dark vinyl coated; (d) The site shall meet all of the City's Land Development Regulations (for signs, parking, Americans with Disabilities Act, etc.) with the exception that buffers, setbacks, sections, and natural vegetation/landscape concepts described on the Planned Development Master Plan shall be permissible. The Director of Planning and Development Services may permit minor deviations from the City's Land Development Regulations provided the intent of the regulations are met. It was further stated that due to the PD rezone being approved for GC-2 uses, the development would be designed in accordance to the regulations for GC-2 zoning; (e) There shall be no use or construction on site without all permits and approvals being first issued by the City of Sanford; (fl The 25+ acres to the south will be a dedicated conservation easement. (4) 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 .... J ' - "- '~ 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 April 26 ,2004. By:~~~t'~ Date: (o.~.7-~ Russ L."lShbson, AICP Director of Planning and Development Services Development Order No. 04-0011 -Brio Commerce Center Page 2 of 3 OWNER'S CONSENT AND COVENANT COMES NOW, ~'~htg--~,~r./ '~5~ ~ { t. C 1-~~(2'''--' 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. Witness © . Witness Sign Name Here 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 ~ $~O.-'go,J (f' · "~ ~ t e [ff~:/~ who is pers..on.ally known to me or who has produced as identification and who did take an oath. day of WITNESS my hand and official seal in the County and State last aforesaid this "~O t,Jc'~ ,9~°°~7~ ~a~rn~q~.Cor~mi-'-nion g ~ ~5~ ~ta~ Public, in andrfor the County ~d '~-~ ~ ~ State aforementioned. F:\SHA ENGWlevelopment Rev/ew\OS-Development Orders~2004\04-0011 - Brio Commerce Center. wpd Development Order No. 04-0011 -Brio Commerce Center Page 3 of 3 Seminole C0bnty PD REZONE Seminole County NORTH PD Rezone (M1, A1 County to PD) 15t 1 West Airport Boulevard Parcel ID: 02-20-30-300-034A-0000 I 'OUl '~nBJosuoo~~. . ~ ~a±N=~O aON~tUa~IAIOE) OlUS/il SNOIIIC1NOO ONIJ.81×~ - N'~'-ld Id~IE~'~IAI ~ / · 0© 0 'OUl 'Lun!~JOsUoo~s ~ ISnM_L [a_qaF~aj_s bi:liN=lO E]ONE]EF:IIAI~OO Olb18 /N:::I~aO-I:::IA::=!O NV-la C]:::ISO=IO~d - NV-Ia ~±SV~ 0 ,/ ~'° · ~ // NV-Id A_LF-II_LN -1VNJ. d~ONO0 C]~$OdO~dd ' ~ i o /