4209 Amending Ord. 4142Ordinance No. 4209
An ordinance of the City of Sanford, Florida amending Ordinance
Number 4142 and the implementing development agreement which
together provided for the rezoning of property approximately 20.97
acres in size and located at 1101 Monroe Road as more specifically
described in Ordinance Number 4142 and this Ordinance; providing
for legislative findings and intent; providing authority for
implementing administrative actions; providing for an extension of
the Lake Monroe Commerce Center Project PD until November 9,
2016; repealing all conflicting ordinances; providing for severability;
providing for non - codification and recording and providing for an
effective date.
Whereas, Ordinance Number 4142 was enacted by the City Commission of
the City of Sanford on November 10, 2008 and provided for the rezoning of certain real
property, totaling approximately 20.97 acres in size and located at 1101 Monroe Road
(Tax Parcel Identification Numbers 16 -19 -30 -5AC- 0000 -013A, 16-19-30- 5AC -0000-
014A and 16 -19 -30 -5AC- 0000 -0360) and the property was rezoned to the Planned
Development, PD, Lake Monroe Commerce Center Project for manufacturing,
warehouse, office, and retail development at the site which is legally described as set
forth in Ordinance Number 4142 in more detail; and
Whereas, Ordinance Number 4142 prescribed an expiration date of
November 9, 2011 for the Lake Monroe Commerce Center Project 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,
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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.
; and
Whereas, Section 3 ii. of the implementing PD Development Order 08 -28
ratifies the termination date as set forth in Ordinance Number 4142 and as described
herein; 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 February 25, 2010 the property owner applied for the extension
of the Lake Monroe Commerce Center Project PD as set forth in this Ordinance; and
Whereas, on March 18, 2010, the Planning and Zoning Commission
recommended that the extension of the Lake Monroe Commerce Center Project PD as
set forth in this Ordinance be approved; and
Whereas, the City's professional staff recommends that the extension of the
Lake Monroe Commerce Center 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
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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 findings
and intent and actions as set forth in Section 1 and Section 2 of Ordinance Number
4142 with regard to both this Ordinance and the provisions of Ordinance Number 4142.
Section 2. Extension of action rezoning real property /implementing
administrative actions.
(a). Upon enactment of this Ordinance Lake Monroe Commerce Center
Project PD, as approved by means of Ordinance Number 4142 and its implementing
development agreement, shall not expire until November 9, 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.
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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 26th day of April, 2010.
Attest: City Commission of the City of
Sanford, Florida
[/J anet Dougherty, Cify Clerk Linda K hn, Mayor
For use and reliance of the
Sanford City Commission only.
Approved as to form and legality.
Iliam L. Colbert, City Attorney
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