4203 Extending Riverscape Condo PDOrdinance No. 4203
An ordinance of the City of Sanford, Florida amending Ordinance
Number 4079 and the implementing development agreement which
together provided for the rezoning of property approximately 9.36
acres in size and located at 750 W. Fulton Street as more specifically
described in Ordinance Number 4079 and this Ordinance; providing
for legislative findings and intent; providing authority for
implementing administrative actions; providing for an extension of
the Riverscape Condominium Project PD until November 12, 2015;
repealing all conflicting ordinances; providing for severability;
providing for non - codification and recording and providing for an
effective date.
Whereas, Ordinance Number 4079 was enacted by the City Commission of
the City of Sanford on November 12, 2007 and provided for the rezoning of certain real
property, totaling approximately 9.36 acres in size and located at 750 W. Fulton Street
(Tax Parcel Identification Numbers 25- 19 -30- 300 - 0160 -0000, 25- 19 -30- 502 - 0000 -0050,
25- 19 -30- 502 - 0000 -0060, 25- 19 -30- 502 - 0000 -007A, 25- 19 -30- 502 - 0000 -010A, 25 -19-
30- 502 - 0000 -0010, 25- 19 -30- 514 - 0000 -0030, 25- 19 -30- 514 - 0000 -0040 and 25- 19 -30-
514 - 0000 -008A) and the property was rezoned to the Planned Development, PD,
Riverscape Condominium Project for 360 units at the site which is legally described as
follows:
; and
Beginning at a point 1,246.34 feet North and 25 feet West of the
intersection of the center lines of First Street and Holly Avenue, according
to E.R. Trafford's Map of the Town of Sanford, as recorded in Plat Book 1,
Pages 56 -64 and 112, 113, 115, 116 and 117 of the Public Records of
Seminole County, Florida.
Whereas, Ordinance Number 4079 did not prescribe a specific expiration date
for the Riverscape Condominium Project PD; and
Whereas, the development agreement implementing the provisions of
Ordinance Number 4079 did not prescribe a specific expiration date for the Riverscape
1IPage
Condominium Project PD; and
Whereas, Article IV, Section 4.3 (G) of the City of Sanford Land Development
Regulations reads as follows:
; and
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.
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.
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 December 10, 2009 the property owner applied for the extension
of the Riverscape Condominium Project PD as set forth in this Ordinance; and
Whereas, on January 7, 2010, the Planning and Zoning Commission
recommended that the extension of the Riverscape Condominium Project PD as set
forth in this Ordinance be approved; and
Whereas, the City's professional staff recommends that the extension of the
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Riverscape Condominium Project 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 4079
with regard to both this Ordinance and the provisions of Ordinance Number 4079.
Section 2. Extension of action rezoning real property /implementing
administrative actions.
(a). Upon enactment of this Ordinance Riverscape Condominium Project PD,
as approved by means of Ordinance Number 4079 and its implementing development
agreement, shall not expire until November 12, 2015 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
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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
passage and adoption.
Passed and adopted this 8th day of February, 2010.
Attest: City Commission of the City of
Sanford, Florida
J et Dougherty, City erk Linda Ku n, Mayor
For use and reliance of the
Sanford City Commission only.
Approved as to form and legality.
/Vr 6
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Witter
Plant
Public W
Complex
1
Site
750 West Fulton Street
Parcel No: 25 -19-30 -300- 0160 -0000
25-19-30-502-0000-0050
25 -19.30 -502- 0000 -0060
25- 19- 30- 50240000 -007A
25- 19.30- 50240000 -010A
25- 19 -30- 502 - 0000-0110
25 -19- 30- 5144)000 -0030
25 -19- 30- 5144000 -0040
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