4242 Amending 4133 - 2400 Cherry LaurelOrdinance No. 4242
An ordinance of the City of Sanford, Florida amending Ordinance
Number 4133 and the implementing development agreement which
together provided for the rezoning of property approximately 8.6
acres in size and located at 2400 Cherry Laurel Drive and 2440
Cherry Laurel Drive as more specifically described in Ordinance
Number 4133 and this Ordinance; providing for legislative findings
and intent; providing authority for implementing administrative
actions; providing for an extension of the Hotel and Resort
Investment CR 46 PD until October 13, 2016; repealing all conflicting
ordinances; providing for severability; providing for non - codification
and recording and providing for an effective date.
Whereas, Ordinance Number 4133 was enacted by the City Commission of
the City of Sanford on October 13, 2008 and provided for the rezoning of certain real
property, totaling approximately 8.6 acres in size and located at 2400 Cherry Laurel
Drive and 2440 Cherry Laurel Drive (Tax Parcel Identification Numbers 32-19-30-301 -
008D -0000 and 32- 19 -30- 301 -008F -0000 ) and the property was rezoned to the
Planned Development, PD, Hotel and Resort Investment CR 46 PD for a 170 room
hotel with a meeting space and restaurant and a 58,360 square foot office /retail building
at the site which is legally described as follows:
PARCEL I: From the SW Cor of SEC 32, TWP 19S, RGE 30E, Seminole
County, Florida, run S 89 °53'54" E, along the S line of said SEC 32, a
distance of 558.38 ft to a point on the N R -O -W line of C -46A, and the
POB, Thence run N 22 °33'55" E 291.65 ft, thence run N 10 °58'39" E
221.89 ft, thence run N 89 °53'54" W 482.87 ft, thence run S 21 °21'09" W
128.25 ft to a point 180.18 ft E of the W line of said SEC 32 thence run S
0 0 26'09" W, parallel with said W line of SEC 32 a distance of 344.73 ft to a
point on the N R -O -W line of C -46A, thence run S 89 0 20'30" E along said
N R -O -W line 211.30 ft to the point of curvature of a curve concave SWly
and having a radius of 724.537 ft, thence run SEly along the arc of said
curve 168.48 ft through a central angle of 13 0 19'25" to the POB.
TOGETHER WITH AND SUBJECT TO a 60 ft easement for ingress,
egress and utilities the centerline of which is described as follows: From
the SW comer of SEC 32, TWP 19S, RGE 30E, Seminole County, Florida
run S 89 0 53'54" E along the S line of said SEC 32 a distance of 558.38 ft
to a point on the N R -O -W line of C -46A and the POB of this Centerline
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description, thence run N 22 °33'55" E 291.65 ft, thence run N 10 °58'39" E
447.33 ft to the end of this Centerline description. PARCEL II: From the
SW Cor of SEC 32, TWP 19S, RGE 30E, Seminole County, Florida, run S
89 0 53'54" E, along the S line of said SEC 32, a distance of 558.38 ft;
thence run N 22 0 33'55" E, 291.65 ft; thence run N 10 0 58'39" E, 221.89 ft
for a POB; thence run N 89 0 53'54" W, 482.27 ft; thence run N 21 E,
539.16 ft to a point 990 ft N of the S line of said SEC 32; thence run S
89 0 53'54" E, parallel with said S line of SEC 32, a distance of 384 ft;
thence run S 10 0 58'39" W, 511.69 ft to the POB. Containing 217799.77 sq
ft or 5.0000 acres. Together with and subject to a 60 ft easement for
ingress, egress, and utilities the centerline of which is described as
follows: From the SW Cor of SEC 32, TWP 19S, RGE 30E, Seminole
County, Florida, run S 89 0 53'54" E, along the S line of said SEC 32, a
distance of 558.38 ft to a point on the N R -O -W of C -46 -A and the POB of
this centerline description; thence run N 22 0 33'55" E, 291.65 ft; thence run
N 10 °58'39" E, 447.33 ft to the end of this centerline description.
; and
Whereas, Ordinance Number 4133 did not prescribe a specific expiration date
for the Hotel and Resort Investment CR 46 PD; and
Whereas, the development agreement implementing the provisions of
Ordinance Number 4133 did not prescribe a specific expiration date for the Hotel and
Resort Investment CR 46 PD; and
Whereas, Article IV, Section 4.3 (G) of the City of Sanford Land Development
Regulations reads as follows:
G. Approval Of Proposed Planned Development Project Plans;
Extension Of Time Limits. The City Commission may prescribe in the
order respecting a proposed Planned Development Project Plan any
reasonable conditions, limitations or requirements including. but not
limited to, requirements in excess of those otherwise required by the land
development regulations, as a condition to approval of such proposed
Planned Development Project Plan. The City Commission may specify, in
an order approving a proposed Planned Development Project Plan,
specific time limits within which all or specified portions of the
development contemplated thereby shall be started or completed. Only
the City Commission shall have the authority to grant a time extension to
an approval with specified time limits. Such extension shall not exceed six
(6) months and shall be granted only within the original period of validity.
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If the City Commission does not specify a time limit, the planned
development project approval shall expire three (3) years from the
effective date of the approval and all work must be completed within the
three -year time frame. The Administrative Official may grant an extension
of time not to exceed six (6) months and only within the original period of
validity to the time limit when the City Commission specifies no time limit.
; and
Whereas, the City Commission has the power and authority to approve the
extension set forth in this Ordinance and is not limited to the time frame that is
applicable to the actions of the City's Administrative Official; and
Whereas, on April 25, 2011 the property owner applied for the extension of
the Hotel and Resort Investment CR 46 PD as set forth in this Ordinance; and
Whereas, on May 19, 2011, the Planning and Zoning Commission
recommended that the extension of the Hotel and Resort Investment CR 46 PD as set
forth in this Ordinance be approved; and
Whereas, the City's professional staff recommends that the extension of the
Hotel and Resort Investment CR 46 PD as set forth in this Ordinance be approved; and
Whereas, the prior findings and intent of the City Commission of the City of
Sanford, Florida are hereby ratified and affirmed and the City Commission has taken all
actions relating to the rezoning action set forth herein in accordance with the
requirements and procedures mandated by State law.
Now, therefore, be it enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings and intent.
The City Commission of the City of Sanford hereby ratifies and affirms its actions,
findings and intent as set forth in Section 1 and Section 2 of Ordinance Number 4133
with regard to both this Ordinance and the provisions of Ordinance Number 4133.
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Section 2. Extension of action rezoning real property /implementing
administrative actions.
(a). Upon enactment of this Ordinance Hotel and Resort Investment CR 46
PD, as approved by means of Ordinance Number 4133 and its implementing
development agreement, shall not expire until October 13, 2016 and the provisions of
Section 4.3 (G) of the City of Sanford Land Development Regulations relative to
expirations shall apply with regard to that date.
(b). The City Manager, or designee, is hereby authorized to execute any and
all documents necessary to formalize approval of the action taken herein.
Section 3. Conflicts. All ordinances or part of ordinances in conflict with
this Ordinance are hereby repealed
Section 4. Severability. If any section, sentence, phrase, word, or portion of
this Ordinance is determined to be invalid, unlawful or unconstitutional, said
determination shall not be held to invalidate or impair the validity, force or effect of any
other section, sentence, phrase, word, or portion of this Ordinance not otherwise
determined to be invalid, unlawful, or unconstitutional.
Section 5. Non - Codification. This Ordinance shall be not be codified in the
City Code of the City of Sanford or the Land Development Code of the City of Sanford;
provided, however, that the City Manager, or designee, shall fully administratively
implement the provisions of this Ordinance to include, but not be limited to, the
recording of a certified copy of this Ordinance in the Official Records of Seminole
County, Florida (Land Records) at the cost of the applicant.
Section 6. Effective Date This Ordinance shall take effect immediately upon
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enactment.
Passed and adopted this 27 day of June, 2011.
Attest. City Commission of City of
Sanford, Florida
9L�-ZLgL�
J net Dougherty, City 6lerk Jeff Triplett,
Approved as to form and legal sufficiency.
i liam L. Colbert, City Attorney
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