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4220 Dev Order 2441 Cherry LaurelDID III His glint III III I HIM Ordinance No. 4220 An ordinance of the City of Sanford, Florida amending Ordinance Number 4069 and the implementing development agreement which together provided for the rezoning of property approximately 10.19 acres in size and located at 2441 Cherry Laurel Drive as more specifically described in Ordinance Number 4069 and this Ordinance; providing for legislative findings and intent; providing authority for implementing administrative actions; providing for an extension of the Bristol Park PD until August 27, 2015; repealing all conflicting ordinances; providing for severability; providing for non - codification and recording and providing for an effective date. Whereas, Ordinance Number 4069 was enacted by the City Commission of the City of Sanford on August 27, 2007 and provided for the rezoning of certain real property, totaling approximately 10.19 acres in size and located at 2441 Cherry Laurel Drive (Tax Parcel Identification Numbers 32- 19 -30- 301 -008B -0000 and 32- 19- 30 -301- 008C -0000) and the property was rezoned to the Planned Development, PD, Bristol Park for multi - family residential at the site which is legally described as set forth in Ordinance Number 4069 in more detail; and Whereas, Ordinance Number 4069 prescribed an expiration date of August 27, 2010 for the Bristol Park 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 m 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 a an order approving a proposed Planned Development Project Plan, specific time limits within which all or specified portions of the CD development contemplated thereby shall be, slartVAoF completed. Only o the City Commission shall have the authoritpt,.- grdrtt�a. rXre extension to _; an approval with specified time limits. Sucbi. exceed six , (6) months and shall be granted only withifi-�the in .d 'valid itemm copy al p i +. ' 1 oft - 2--cm- 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 August 2, 2010 the property owner applied for the extension of the Bristol Park PD as set forth in this Ordinance; and Whereas, on August 19, 2010, the Planning and Zoning Commission recommended that the extension of the Bristol Park PD as set forth in this Ordinance be approved; and Whereas, the City's professional staff recommends that the extension of the Bristol Park 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 findings and intent and actions as set forth in Section 1 and Section 2 of Ordinance Number 4069 with regard to both this Ordinance and the provisions of Ordinance Number 4069. 21Pa -e Section 2. Extension of action rezoning real property /implementing administrative actions. (a). Upon enactment of this Ordinance Bristol Park PD, as approved by means of Ordinance Number 4069 and its implementing development agreement, shall not expire until August 27, 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 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 31Pa-e passage and adoption. Passed and adopted this 27 day of September, 2010. Attest: ear, City Clerk C y V, 4 : CI P, r C: r, 7i� ,Y For use and reliance of the Sanford City Commission only. Approved as to form and legality. City Commission of the City of Sanford, Florida Linda Ku i, Mayor WAa Colbert, City Attorney 41Pa (2 e Courtesy Honda �O C `N ON PD Courtesy Acura SITE Oaklawn Memorial Park Bentley Park Apartments Site 2441 Cherry Laurel Drive CU N Parcel No: 32- 19 -30- 301 - 0086 -0000 �,�p eI 32- 19 -30- 301 -008C -0000 Sam's Club LLU l LS