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3788ORDINANCE NO. 3788 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 34.82 :1: ACRES OF PROPERTY LYING BETWEEN WASHINGTON STREET AND S. R. 46 AND BETWEEN N. CAMERON AVENUE AND BEARDALL AVENUE, FROM PUD, PLANNED UNIT DEVELOPMENT (SEMINOLE COUNTY), 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 EXHIBIT"A"ATTACHED HERETO. 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 # 03-0018. 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 ADOPTEDthis ATTEST: G~TY CLERK MAYC A.D., 2003. As t City Commi., the Sanford, Florida 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. 3788 PASSED AND AD~P,-I'E.,p by the City Commission of the City of Sanford, Florida, on the/__.~day of t-..J¢~ , ~0¢3, was posted at the front door of the City Hall in the City of Sanford, FlorCda, oCthe~ay of _F'~ ,2003. As ~e City Clerk of the Cit~ of Sanford, Florida Ordinance No. 3788 CERTIFICATE I, J~_.,~et R. Doughej'ty, City Clerk of the City of Sanford, Florida, do hereby certify on the //._..~_~ day of~, 2003, that the fully executed Development Order was received by me within n'/~ety (90) days of the date of adoption of this ordinance and said Development Order was recorded by me on //~'~ d~'l.~ / .~ ,2003, in O.R. Book (~),4/~/_,~ , Page /7(_.~", Public Records of I~eminole County, Florida, As t~e City Clerk of the Ck~ ~/ of Sanford, Florida I:\Sharon~003\San ford\Ordinances~3788.pd rezor~e.wpd Ordinance No. 3788 EXHIBIT '~" DES6'RIPi'70N A PORTION OF THE SOUTHEAST 1/4 OF SECTION 33, TOWNSHIP 19 SOUTH, RANGE 31 FAST, SEMINOLE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST I/4 OF SAID SECTION 33; THENCE RUN NOO'21'44~W, ALONG THE WEST UNE OF SAID SOUTHEAST I/4, A DISTANCE OF 23.00 FEET; THENCE N89'46'20'E, PAR~t FI. WITH THE SOUTH LINE OF SAID SOUTHEAST I/4, A DISTANCE OF 25.00 FEET TO THE INTERSECTION OF THE EAST RIGHT--OF-WAY LINE OF BEARDALL AVENUE AND THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 46 PER FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP, SECTION 7704-109, LAST REVISED ON SEPTL~MBER 6, 1962, FOR A POINT OF BEGINNING; THENCE NOO'21'44'W, ALONG SAID FAST RIGHT-OF-WAY LINE, A DISTANCE OF 1299.61 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST I/4 OF SAID SOUTHEAST 1/4; THENCE N89'49'41'E, ALONG SAID NORTH UNE A DISTANCE OF 1291.01 FEET TO THE WEST RIGHT-OF-WAY UNE OF RAILROAD; THENCE S00'18'35'E, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 934~15 FEET~ THENCE S89'46'20"W A DISTANCE OF 436.79 FEET; THENCE S00'21'12"E A DISTANCE OF 364.20 FEET TO THE NORTH RIGHT-OF-WAY LINE OF STATE ROAD 46; THENCE S89'46'20'W, ALONG SAID NORTH RIGHT-OF--WAY LINE, A DISTANCE OF 853.30 FEE'I' TO THE POINT OF BEGINNING. CONTAINS 1,517,186 SQUARE FEET OR 34.8298 ACRES MORE OR LESS. i Seminole County iPD ,REZONE ,t Iii Illllllllllllllll~llJll CITY OF SANFORD DEVELOPMENT ORDER No. 03-0018 On July 16, 2003 City of Sanford issued this Development Order relating to and touching and conceming the following described property: LEG SEC 33 TWP 19S RGE 31E SW 1/4 OF SE 1/4 W OF RY (LESS E 450 FT OF S 387.2 FT + RDS) (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: Leffler Company, P.O. Box 1845, Sanford, Florida 32772 Project Name/Address: 2305 Beardall Avenue - Letller Properl3* Parcel Number(s): 33-19-31-300-1320-0000 Requested Development Approval: Planned Development Rezone for Industrial 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. (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: Development Order No. 03-0018 - Florida Extruders (Leffler) Page 1 of 3 FILE NUM 2~31~1513 (a) All development and land use activities are to be generally in accordance with the PD Master Plan for Leffler Property dated April 24, 2003; Co) All land use activities on the property if not designated on the PD Master Plan, shall be in accordance with RI-l, Restricted Industrial zoning requirements; (c) All development shall be designed in accordance with the City of Sanford's Land Development Regulations including any subdivision of the property, if required in the future. (d) All activities are to be conducted indoors (no outdoor storage) unless otherwise approved by the City of Sanford; and (e) In order to remain consistent with the Development Order for the existing Seminole County PUD zoning: (1) The landscaping shall be increased along the northern and eastern property line to include a minimum four (4) sub-canopy trees per 100 linear feet and a continuous hedge along both property lines; and (2) The following uses shall be prohibited within the PD: heliports and airports, adult entertainment facilities, outdoor advertising signs (including billboards), contractor's equipment storage yards, drive-in theaters, stock yards or slaughter of animals, automobile wrecking lots and/or junk yards, sanitary landfills and any attention getting devices as flood, search or strobe lighting. (2) (3) This Development Order touches and concems 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 City Commission at their meeting of ~--o t.,~ tq, · B Y :~:2--,..t,~,~,~:~ ~' Date: ~. I ]. ZOCL,~ Russ L. Gibson, AICP ~ Director of Planning and Community Development Development Order No. 03-0018 - Florida Extruders (Leffier) Page 2 of 3 F[LE NUll OR BOO~ ~+~I~L~ ~ t 7 t 7 OWNER'S CONSENT AND COVENANT COhESiOn, theowner(s o 'theafore 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. ~i .46~ -7-'. ~Witness gn Nana~ Here 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 ~ nnv'±/~ 02. [,.e~ [CP._. who is personally known to me or who_~d ~c2-xr~ocon ~ mC. ~ ~th. _WITNESS my hand and official seal in the County and State last aforesaid this day JEAN J, BARFIELD Notary Public, State My oomm, ~xp, Feb~ C0mm, No, DD 00~020 Development Order No. 03-0018 - Florida Extruders (Leffler) Page 3 of 3