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3871 ORDINANCE NO. 3871 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3832; SAID ORDINANCE BEING A ZONING PLAN FOR A PLANNED DEVELOPMENT; AMENDING THE MATHEWS ASSOCIATES PD MASTER PLAN TO PD, PLANNED DEVELOPMENT PER THE AERO ONE COMPLEX PD MASTER PLAN; REZONING 4.8 ACRES OF PROPERTY LYING BETWEEN W. 1s~' STREET AND W 5TM STREET AND BETWEEN MEISCH ROAD AND AERO LANE; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the City Commission of the City of Sanford adopted Ordinance No. 3832 and approved Development Order Number 04-0002 (as recorded at Official Records Book 5193, Page 1760-1762, Public Records of Seminole County, Florida) for the Mathews Associates PD Master Plan; and WHEREAS, the owner of subject property desires to amend the plan previously approved by the City Commission to Aero One Complex PD Master Plan. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: a. Ordinance No. 3832 of the City of Sanford, Florida, passed and adopted on January 26, 2004, said Ordinance being the Planned Development Ordinance of the City of Sanford, Florida, approving the Planned Development Zoning Classification being assigned to the below described property is hereby amended: LEG N % OF BLK 18 M M SMITHS SUBD PB 1 PG 55. b. The Amended Planned Development Master Plan for Aero One Complex is attached as Exhibit "A" is included herein by reference as if fully set forth herein. .,,~;]].O..l~: The rezoning action herein is subject to the conditions provided for and agreed to in the Development Order #04-0020 which shall supersede 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 All ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 5: Effective Date. 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. ~ission of the City of ~ B ra~' L"~ssa rd/~Ma yo r ATTEST: ~anet R. Dougherty, ~ty Clerk Ordinance No. 3871 2 I, Janet R. Oougherty, City Clerk of the City of Sanford, Florida, do hereby certi~J that a true and correct copy of the foregoing Ordinance No. 3871 PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 28th day of June, 2004, was posted at the front door of the City Hall in the City of Sanford, ,,~.,~, ,~f ~'~¢,6~d-~ _, 2004. F~orida, on thec-~-~-- ua~ ,- ..~ ~f the City of Sanford, Florida I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify 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 ~?~.~ ~ I ,2004, in said Devetopment order was recorded by me on ~ O.R. Book ~'~ ~L~ , Page ~, Public Records of Seminole County, Florida, of Sanford, Florida Ordinance No. 3871 3 C E 0,0 I % Page PD School Seminole County W 1ST ST PD re GC-2 SITE AG AG Neff Rentals Truck Driver Institute Site 205 Aero Lane Parcel No: 26-19-30-5AE- 1800-0000 Seminole County FBlue Bell ~/ IceCream GORDON ST Kempke Music Metals RI-1 AG NOT IN NOT IN CITY NOT IN CITY CITY OF SANFORD DEVELOPMENT ORDER No. 04-0020 On June 28~ 2004, City of Sanford issued this Development Order relating to and touching and concerning the following described property: LEG N 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 Property Owner: Night Owl Properties, LLC Harry Mclntosh, CCIM 718 Treeline Place Sanford, Florida 32771 Project Name/Address: Aero One Complex / 205 Aero Lane ~l~ ~, Q~ ~ CIRCUIT CQURT BK 0539~ PGS ~85-0687 CLERK'S 8 2004114748 ~ ~Y S O'Kelley Parcel Number(s): 26-19-30-5AE-1800-0000 Requested Development Approval: Amend the PD, Planned Development Master Plan The development approval sought is consistent with thc 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. (3) The conditions upon this development approval and the commitment made as to this Development Order No. 04-0020 - Aero One Complex Page 1 of 3 (4) (5) development approval, all of which have been accepted by and agreed to by the owner of the property are as follows: (a) Rename the "Matthews Associates PD" to "Aero One Complex PD"; (b) Development Order 04-0020 to supercede Development Order 04-0002 as recorded in ORB 5193 Page 1760; (c) The site shall be developed generally in accordance with the Aero One Planned Development Master Plan dated May 1, 2004. (d) If not otherwise stipulated on the PD Master Plan ali land use activities and development or design standards for the subject property shall be consistent with the RI-l, Restricted Industrial zoning requirements; {e) All development shall be designed in accordance with the City of Sanford's Land Development Regulations (LDR) including any snbdivision 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 Ci.ty Commission at their meeting of~-'2~, Z-cx:>t4 · By: ~-~,~~~'t~h Date:'q'.t %. 'Zr~q Russ L. Gibson, AICP Director of Planning and Development Services Development Order No. 04-0020 - Aero One Complex Page 2 of 3 OWNER'S CONSENT AND COVENANT. /~I~_C ~_~[~ ,', ~,> [ LCthe owner(s) of the afore COMES NOW, __ ,t~c, [ ~ 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 , , ~j Owner STATE OFFLOR1DA COUNTY OF SEMINOLE ERTIFY that on this day, before me, an officer duly authorize..~d in. the State I HEREBY .C. ....... ared '~O~1~ ~;. and Co~!~ take acknow, tea, gmems; pers, onany app¢ _ · .,-,~ as identification who is(p..~.~o_na_lly kno~. to me or WhO nas proaucea and who d~'dTa~te an%ath. my hand and official seal in the County and State last aforesaid this _]_~ W TS- ' L"!;,,,. ..-. /O / day of_ ',.~-[~ , t.,~,~.xx4x~.~9?..n.~.;.e~/~) v~/~. ~ / ' ~ :~ ~ ~'~..= tarvPul~ic, in and for the County anu ~,,~: t0D~407s~ .."~_~ State aforementioned. ~:',SHA ENG\Developmem Re,Aew\08-Devel,pmem Order~,~'~er° One ( on~lcx ~ Development Order No. 04°0020 - Aero One Complex Page 3 of 3 ii Hmfl I (PAVED ROAD) 321.83' I I I I