4275 rezone Twin Lks Ctr PDOrdinance No. 4275
An Ordinance of the City of Sanford, Florida amending Ordinance
Number 4171 and the implementing development agreement which
together provided for the rezoning of property approximately 2.85
acres in size and located at 4955 County Route 46A as more
specifically described in Ordinance Number 4171 and PD
Development Order ( #12 -11) and this Ordinance; providing for
legislative findings and intent; providing authority for implementing
administrative actions; providing for an extension of the Twin Lakes
Center PD until April 13, 2017; providing for a savings provision;
repealing all conflicting ordinances; providing for severability;
providing for non - codification and recording and providing for an
effective date.
Whereas, Ordinance Number 4171 was enacted by the City Commission of the
City of Sanford on April 13, 2009 and provided for the rezoning of certain real property,
totaling approximately 2.85 acres in size and located at 4955 County Route 46A (Tax
Parcel Identification Number 32- 19 -30- 300 -007G -0000) and the property was rezoned
to Planned Development, (PD) zoning district (the Twin Lakes Center PD); and
Whereas, the Twin Lakes Center PD provides for the development of
convenience store /gasoline service station and multitenant commercial building at the
site which is legally described as set forth in Ordinance Number 4171 in more detail;
and
Whereas, Ordinance Number 4171 prescribed an expiration date of April 13,
2012 for the Twin Lakes Center PD consistent with the provisions of Article IV, Section
4.3 (G) of the City of Sanford Land Development Regulations which provides 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
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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.
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, on June 1, 2012, a PD Development Order ( #12 -11) was approved,
nunc pro tunc, extending the Twin Lakes Center PD rezone for a period of time not to
exceed six months; 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 May 31, 2012 the property owner applied for the extension of the
Twin Lakes Center PD as set forth in this Ordinance; and
Whereas, on June 21, 2012, the Planning and Zoning Commission
recommended that the extension of the Twin Lakes Center PD as set forth in this
Ordinance be approved; and
Whereas, the City's professional staff recommends that the extension of the
Town Center at White Cedar 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.
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Now, therefore, be it enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings and intent.
(a). The City Commission of the City of Sanford hereby ratifies and affirms its
findings and intent and actions as set forth in Section 1 and Section 2 of Ordinance
Number 4171 with regard to both this Ordinance and the provisions of Ordinance
Number 4171 and adopted the foregoing recitals (whereas clauses) as additional
legislative findings.
(b). The City staff report and City Commission agenda memorandum relating
to this matter are hereby adopted as if fully set forth herein.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
Section 2. Extension of action rezoning real property /implementing
administrative actions.
(a). Upon enactment of this Ordinance Twin Lakes Center PD, as approved by
means of Ordinance Number 4171 and its implementing development agreement, is
extended, nunc pro tunc, until April 13, 2017 and shall not expire until 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. Savings. The prior actions of the City of Sanford relating to the
zoning and land regulation of the subject property are hereby ratified and affirmed.
Section 4. Conflicts. All ordinances or part of ordinances in conflict with
this Ordinance are hereby repealed
Section S. 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
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other section, sentence, phrase, word, or portion of this Ordinance not otherwise
determined to be invalid, unlawful, or unconstitutional.
Section 6. 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 7. Effective Date. This Ordinance shall take effect immediately upon
passage and adoption the effective date of this Ordinance is intended to implement the
nunc pro tuns action of the City Commission as set forth herein.
Passed and adopted this 13th day of August, 2012.
Attest: City Commission of the City of
Sanford, Florida
anet Dougherty -
For use and reliance of the
Sanford City Commission only.
Approved as to form and legality.
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