4231 Rezone 251 S White CedarOrdinance No. 4231
An ordinance of the City of Sanford, Florida amending Ordinance Number
4077 and the implementing development agreement which together
provided for the rezoning of property approximately 2.39 acres in size and
located at 251 S. White Cedar as more specifically described in Ordinance
Number 4077 and this Ordinance; providing for legislative findings and
intent; providing authority for implementing administrative actions;
providing for an extension of the Small Bay PD until December 2, 2015;
repealing all conflicting ordinances; providing for severability; providing
for non - codification and recording and providing for an effective date.
Whereas, Ordinance Number 4077 was enacted by the City Commission of the City
of Sanford on October 22, 2007 and provided for the rezoning of certain real property, totaling
approximately 2.39 acres in size and located at 251 S. White Cedar Road (Tax Parcel
Identification Number 26- 19- 30- 5AE -030C -0000) and the property was rezoned to the Planned
Development, PD, Small Bay for office /warehouse flex space at the site which is legally
described as set forth in Ordinance Number 4077 in more detail; and
Whereas, Ordinance Number 4077 prescribed an expiration date of December 2,
2010 for the Small Bay 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 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
1IPage
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 November 16, 2010 the property owner applied for the extension of
the Small Bay PD as set forth in this Ordinance; and
Whereas, on January 6, 2011, the Planning and Zoning Commission recommended
that the extension of the Small Bay PD as set forth in this Ordinance be approved; and
Whereas, the City's professional staff recommends that the extension of the Small
Bay 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 4077 with regard
to both this Ordinance and the provisions of Ordinance Number 4077.
Section 2. Extension of action
rezoning real property /implementing
administrative actions.
(a). Upon enactment of this Ordinance Small Bay PD, as approved by means of
Ordinance Number 4077 and its implementing development agreement, shall not expire until
December 2, 2015.
(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
21Page
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
passage and adoption.
Passed and adopted this 28 day of February, 2011.
Attest.
e
Jane4tD ug he t C lerk
City Commiss
Florida I
Jeff Tri
yor
of
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TADevelopment Review \03 -Land Development\2011 \Small Bay PD Extension \251 S White Cedar Road -Small Bay - Extension Rezone Ord.doc
City of Sanford,
31Page
For use and reliance of the
Sanford City Commission only.
Approved as to form and legality.
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