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3870ORDINANCE NO. 3870 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 4.78 ACRES OF PROPERTY LYING BETWEEN W. Is~ STREET 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: ~ 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 LEG S % OF BLK 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 "B" is included herein by reference as if fully set forth herein. .~: The rezoning action herein is subject to the conditions provided for and agreed to in the Development Order # 04-0021. 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 28th day of June, A.D., 2004. ~t~y___Qg_~mission of the City of Br~cl~Lessar~, M~'~;or ATTEST: -Janet R. Dougherty, ~ity Clerl~ 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. 3870 PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 28th day of June, Ordinance No. 3870 Page 2 2004, was posted at the front door of the City Hall in the City of Sanford, Florida, on the~ 1~ day of June, 2004. A~'the City Clerk of th~City of Sanford, Florida I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify · 5~/ ! on the /-- day of ~{.~L,~ ,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 ~,/_/~,¢ °'~ I 2004, in O.R. Book (~- ~,~, Page ~)~,~,,.~,~T./, Public Records of Seminole County, Florida. As~e City Clerk of the Cit~ of Sanford, Florida Ordinance No. 3870 Page 3 iii CITY OF SANFORD DEVELOPMENT ORDER No. 04-0021 {:~:. On June 28, 2004, City of Sanford issued this Development Order relating to and touching and concerning the following described property: LEG S 1/2 OF BLK 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 IIIllllllllillllllillllg Property Owner: Night Owl Properties, LLC Harry Mclntosh, CCIM 718 Treeline Place Sanford, Florida 32771 Project Name/Address: Aero Two Complex / 3336 W. 5th Street BK 05392 PGS ~82-0~84 ~LERR~B ~ 2004114747 Parcel Number(s): 26-19-30-5AE-1800-0001 Requested Development Approval: Rezone 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) 3?ne 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. (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 Development Order No. 04-0021 - Aero Two Complex Page l of 3 (4) the property are as follows: (a) The site shall be developed generally in accordance with the Aero Two Planned Development Master Plan dated May 18, 2004. (b) If not otherwise stipulated on the PD Master Plan all land use activities and development or design standards for the subject property shall be consistent with the RI-l, 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. 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 thc 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.,~,~¢ 2_~_, '2,c~'~ Of · By: ~--,x~.~-~~r) Date: ~. ~ %.~t;~ Russ L. Gibson, AICP Director of Planning and Development Services Development Order No. 04-0021 - Aero Two Complex Page 2 of 3 OWNER'S CONSENT AND COVENANT COMES NOW, ~"~ '~x''IL~ ~L''p 1 ff'~p C'~-I'e, L L f. 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 Nan~ Here/ Witness Pfnt Nam~ Here Witness Sign Name Here Owner STATE OF FLORIDA COUNTY OF SEMINOLE WITNESS my hand andefficial seal in the County and State last aforesaid this day of ~ i~ ~ ~'~ N c, in ~d for the Co~ty and Development Order No. 04-0021 - Aero Two Complex Page 3 of 3 Seminole County · W 1ST ST 'S PD PD AG Page School --] GC 2 PD SITE AG NOT IN CITY Neff Rentals Kempke Quality Music Metals ice Cream NOT IN CITY Truck Driver Institute RI-1 Invacare AG NOT IN CITY Site 3336 West 5th Street Parcel No: 26-19-30-5AE- 1800-0001 ST JOHNS PKWY (-) 0 z / 3~0 > J?U H