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HomeMy WebLinkAbout4130 Attachment , 11._-'. - -r i ''.It.;rl'O SANFORD CITY CODE CHAPTER 74 PLANNING AND DEVELOPMENT ARTICLE V. VESTED RIGHTS SECTION 1.0: DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Applicant - Any person, partnership, corporation, or other legal entity having an ownership interest in a parcel of real property in the city, or his/her designated lawful attorney-in-fact, who applies for a special permit pursuant to this article. Date of Notice of a Change in a Land Development Regulation - The date on which a notice of a public hearing on a proposed change in a land development regulation was first published in a newspaper of general circulation. Development Order - Any order granting, with or without conditions, a permit for development including: any building permit, zoning permit, rezoning, subdivision approval, site plan approval, special exception, conditional use, variance, or any other official action of the city. Investment-Backed Expectation - The expenditure of substantial sums of money by the applicant which cannot be recovered by the applicant, or an irreversible and substantial change of position that imposes on the applicant an obligation to expend sums of money in the future. Land Development Regulation - A regulation in the City Code that controls the development of property, including but not limited to regulations for: zoning, land development, utilities, building, life safety, fire and others that affect the use, density or intensity of land use Newspaper of General Circulation - A newspaper primarily printed in the English language readily available for purchase by inhabitants of the city. A newspaper of general circulation must be entered or qualified as second-class matter at a post office within Seminole County; shall have been in existence for one year or more; and shall be published periodically at least once a week or more often. SECTION 2.0: SPECIAL PERMIT. Upon application and after review as provided herein, the City Commission may authorize as a special permit an exception to the otherwise applicable provisions of the currently effective city comprehensive plan or the city land development code. The special permit shall be a development order for a specific type, level, nature, density, -,=..~ "~-~, ii.. ...., .""",.{o,+",.-,''''''''","''4ic.''''_''''''''''''' intensity, or other form of development of a specifically described parcel of real property. The special permit may be granted upon a finding by the City Commission that the applicant has demonstrated, pursuant to the standards set forth in the following sections of this article, that the applicant has a preexisting vested right to commence, maintain, and complete a specific level, type, nature, density, intensity, or other form of development. The special permit may be granted with or without conditions as may be appropriate considering the evidence adduced and reviewed before the City Commission. The special permit is not transferable, in whole or in part, to any other parcel of real property or to any other person, corporation, or other legal entity. SECTION 3.0: CONSIDERATIONS FOR DETERMINATION OF PERMIT. In determining whether a right to commence, maintain, and complete construction of a specific level, type, nature, density, intensity, or other form of development has been vested, the following factors shall be considered: Whether there has been an act or omission to act by the city; A. Whether a city official acted or omitted to act and the personnel rank, official position and authority of that official; B. Whether the city official acted or omitted to act within the course and scope of his/her personnel rank, authority and official position; C. The nature of the act committed and date thereof, or the nature of the omission to act and approximate date thereof; D. Whether the applicant made a substantial change in position, or has an investment-backed expectation, based upon the city's act or omission to act; E. The nature of the applicant's change in position or investment-backed expectation, including expenditure of money or obligation to expend funds, amounts thereof, dates of expenditures; or incurrence of the obligation to incur expenditures, acts committed which represent a change in position, and dates thereof; F. The good faith of the applicant in substantially changing his/her position, or the incurring of extensive obligations and expenses based upon the city's actions or omissions to act; G. Any legally permitted acts of the applicant and the specific dates thereof associated with physical improvements on the land or for the design of specific buildings and improvements to be constructed on the site; Page 2 of 7 ---'>'i?"t__."""~""'''''"'''~.ji.~_:.: <(~vill""'" 'Hf '-~ '-, H. The extent to which the applicant has secured building permits for, and commenced in whole or in part, but not completed, the construction of physical improvements on the land, utility infrastructure or other public improvements or buildings germane to a phased development that was contemplated to extend over a period of months or years; I. Whether the applicant prior to or on the date of notice of a change in a land development regulation has made contractual commitments to complete structures and deliver titles there to or occupancy thereof, and the dates of and amounts of money involved in those commitments; J. Whether prior to, or on, the date of notice of change in a land development regulation for the currently effective comprehensive plan, land development code, or applicable section of either document, the applicant incurred financial obligations to a lending institution, which, despite a thorough review of alternative solutions, the applicant will be unable to meet, or it would be inequitable and unjust to require the applicant to meet, unless he is permitted to proceed with the previously permitted specific level, type, nature, density, intensity, or other form of development; K. Whether enforcement of the terms of the currently effective comprehensive plan or land development code regulation will expose the applicant to substantial monetary liability to third persons, or will leave the applicant completely unable, after thorough review of alternative solutions, to earn a reasonable return on his/her investment in the property; L. Whether the right of the applicant to commence, maintain, and complete the proposed development, or a specific level, type, nature, density, intensity, or other form of development has been vested only with respect to an identifiable and discreet portion of the applicant's property; and M. Any other information relevant to understanding the applicant's claim to vested rights to develop his/her real property in a particular manner that may be pertinent under state or federal law. SECTION 4.0: DEMONSTRATION OF VESTED RIGHTS. The right of the applicant to commence, maintain, or complete construction of a development or to a specific level, type, nature, density, intensity, or other form of development on his/her parcel of real property, or a portion thereof, is vested if the applicant can demonstrate that: A. The applicant owned the parcel of real property proposed to be developed on the date of notice of a change in a land development regulation, and that the specific level, type, nature, density, intensity, or other form of development proposed for the parcel of real property was lawful and legally permitted at that time; Page 3 of 7 ^",~...., I l' i;a--'n,J.Dtn ,-",'-. t~r(lf' lr--~ B. The applicant has continuously owned the parcel of real property since the date of notice of a change in a land development regulation until the date of the public hearing before the City Commission on the special permit application; C. The most current legislated city comprehensive plan or land development code, or portion thereof, cited by the applicant as being counter to the applicant's vested right to commence, maintain, and complete construction of a specific level, type, nature, density, intensity, or other form of development, has a material and adverse effect upon the applicant's vested right to develop the subject parcel or continue the use of real property as contemplated; D. By application of the considerations set out in Section 3.0, the applicant in good faith upon some act or omission of the city has made such a substantial change in position it has an investment-backed expectation that would make it inequitable and unjust to destroy the right of the applicant to commence, maintain, and complete a specific level, type, nature, density, intensity, or other form of development upon all or a portion of the applicant's parcel of real property; and E. The requirement that the applicant's property be developed in accordance with the currently effective city comprehensive plan or city land development code will deprive the applicant of a reasonable rate of return on his/her investment or effectuate a substantial change in position, given the substantial change in position of the applicant or the creation of an investment-backed expectation prior to or on the date on which the most current city comprehensive plan or land development code was subject to a notice of a change. In determining the reasonableness of the projected rate of return, the following categories of expenditures shall not be included in the calculation of the applicant's investment: 1. Expenditures for professional services that are unrelated to the design or construction of the contemplated improvements proposed; 2. Expenditures for taxes, except for any increases in tax expenditures which result from issuance of a development order which would now be contrary to the currently existing city comprehensive plan or land development code; and 3. Expenditures which the applicant would have been obligated to incur as ordinary and necessary business expenses including, but not limited to employees' salaries, equipment rental, chattel mortgage payments. The fact that the property has been or is in a particular zoning or comprehensive plan district or classification under the currently effective city comprehensive plan or land development code, or any prior city comprehensive plan or zoning ordinance of the city, shall not, in and of itself, establish that an applicant's right to commence, maintain, Page 4 of 7 ","._.",""~ !I_:;i..:~.~__"",~~LTk'if -n~'''''''' and complete construction of a specific level, type, nature, density, intensity, or other form of development has been vested. SECTION 5.0: APPLICATION PROCESS. A. Any person, partnership, corporation, or other legal entity having an ownership interest in a parcel of real property may file an application for a special permit within six (6) months of the effective date of the amendatory ordinance that rezones, changes the land use of the property, or otherwise materially and adversely affects the applicant's parcel of land (or portion thereof) so as to prohibit the specific level, type, nature, density, intensity, or other form of development, in whole or in part, or vested rights shall be deemed to have been waived. The application shall be filed with the City Clerk who shall, upon receipt of the same, stamp the application with the date and time. The application shall contain: 1. A concise and complete recital of the facts, including dates of expenditures or obligation to expend funds, dollar amounts, the nature of expenditures or obligation to expend funds, and other factors which are claimed to support the claim to a vested right to commence, maintain, and complete a specific level, type, nature, density, intensity, or other form of development; 2. A legal description of the parcel of real property and a survey, if available, thereof upon which the applicant claims to have vested development rights; 3. The applicant's name, address, and telephone number, email address and fax number; 4. The name, address, and telephone number, email address and fax number of any attorney or agent who is or will be representing the applicant; 5. A title opinion by an attorney authorized to practice in the state of Florida or a complete abstract of title or other evidence acceptable to the city demonstrating that the applicant has continuously held title to the real property described in the application from the date of the notice of a change in amendatory ordinance in question until the date of application for the special permit. 6. A complete description of the extent and quality of ownership of the real property during that period; Page 5 of 7 - -;~-- - . II 1ft .. -il!( ,*,,,,,,~-""""_le;-,,,,_~--._-:"'.--_&-_--;:-_-"f."~"- 7. An affidavit under penalty of perjury executed by the applicant before a notary public attesting to the truth, accuracy, and veracity of the application based on the applicant's personal knowledge and all attachments thereto; and 8. Such other information relevant to the standards and matters germane to this Article as the Director of Planning and Development Services may specify. 9. An application fee as shall be established by a resolution of the City Commission from time to time B. Within fourteen (14) days of submission, the City Manager will determine whether the petition is technically complete and will accept it or request corrections. A technically incomplete application shall be returned to the applicant with written notification of the deficient items. The applicant shall be granted fourteen (14) additional calendar days to complete this application. If a response is not submitted to the City Manager within the time specified, the application shall be deemed abandoned. C. Within thirty (30) calendar days of determining that an application is technically complete, the City Manager shall schedule a public hearing before the City Commission to review the application and the City Commission makes a final determination as to whether or not vested rights have been clearly and convincingly demonstrated. D. Within seven (7) calendar days after making a final determination of vested rights status, the City Commission shall provide the applicant with written notification of the determination of vested rights status. If the City Commission determines that vested rights exist the applicant shall have the right to rely upon such written determination and the determination shall be final. E. Any determination by the City Commission with respect to vested rights and the issuance of a special permit under this article shall expire and be of no further force or effect, unless construction is actually commenced on the parcel of real property within one (1) year of the date that the order granting the special permit is filed with the City Clerk. For good cause shown by the applicant, the City Commission may, in its legislative discretion, extend the foregoing one-year period by a time period of up to one additional year. F. Any person, partnership, corporation, or other legal entity claiming a vested right to commence, maintain, and complete any specific level, type, nature, density, intensity, or other form of development of a specific parcel of real property who does not file an application for determination under this article within six (6) months of the effective date of the amendatory ordinance that rezones, changes the land use of the property, or otherwise materially and adversely affects the Page 6 of 7 --.- ,--~,.......,-~~,,"----'- . applicant's real property or portion thereof so as to prohibit the specific level, type, nature, density, intensity, or other form of development, in whole or in part, shall be deemed to have waived and abandoned the right to seek such a determination. G. In addition to published notice in a newspaper of general circulation, actual notice of any hearing before the City Commission for recognition of vested rights status shall be mailed to the applicant and all persons who are required to be so noticed with regard to applications for a major conditional use. SECTION 6.0: APPLICATION FEE. The City Commission of the City of Sanford shall legislate and establish the required application fee by Resolution of the City Commission. The fee shall cover the cost of processing the special permit application, advertising, and the preparation and mailing of courtesy notices and special permit orders and related administrative costs of the Boards and City Commission. Page 7 of 7