HomeMy WebLinkAbout4161
ORDINANCE NO. 4161
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA AMENDING
ARTICLE III OF THE LAND DEVELOPMENT REGULA TIONS OF THE
CITY OF SANFORD RELATING TO NOTICING REQUIREMENTS FOR
MAJOR CONDITIONAL USES AND CITIZEN AWARENESS AND
PARTICIPATION PLANS; PROVIDING FOR ADOPTION OF AN
EXHIBIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; PROVIDING FOR CODIFICATION AND PROVIDING AN
EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA:
SECTION 1. Amendment For Article III. Article III of the Land Development
Regulations of the City of Sanford as set forth in the Exhibit to this Ordinance is hereby
amended to read as set forth in the said Exhibit.
SECTION 2. Incorporation of Exhibit. The attachment Exhibit is hereby
incorporated into the text of this Ordinance as if fully set forth herein verbatim.
SECTION 3. Severabilitv.
If any section or portion of a section of this
Ordinance proves to be invalid, unlawful or unconstitutional it shall not be held to impair
the validity, force or effect or any other section or part of a section of this Ordinance.
SECTION 4. Conflicts. All ordinances or parts of ordinances in conflict with
this Ordinance are hereby repealed.
SECTION 5. Codification. It is the intention of the City Commission of the City
of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance shall
become and be made a part of the Code of Ordinances of the City of Sanford, Florida;
that the Sections of this Ordinance may be renumbered or re-Iettered to accomplish
such intention; that the word, "Ordinance," may be changed to "Section," "Article," or
other appropriate word; provided, however, that the text of the Sections of this
Ordinance shall not be codified, but that the text of the Exhibit shall be codified.
SECTION 6. Effective Date.
Except as otherwise provided herein, this
Ordinance shall become effective immediately upon its passage and adoption.
PASSED and ADOPTED this 23rd day of February, 2009.
CITY OF SANFORD
~I~t~~
ATTEST:
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 4161, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the 23rd day of
February, 2009, was posted at the front door of the City Hall in the City of Sanford,
Florida, on the 25th day of February, 2009.
Ordinance No.
Page 2
Exhibit "A"
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
ARTICLE III PROCEDURES FOR DEVELOPMENT APPROVAL
SECTION 3.8
PROCEDURES SPECIFIC TO MAJOR CONDITIONAL USE
DEVELOPMENT APPROVAL
In considering and acting upon applications for approval of a Conditional Use (including, but not
limited to, applications for amendments to Preliminary Subdivision Plans approved as
conditional uses), the following procedures shall be observed:
A. Referral to Development Review Team. Upon receipt of a complete application for a
Conditional Use, the Administrative Official shall schedule the application at the next
reasonably available meeting of the Development Review Team. The recommendation of
approval, approval with conditions or denial and a report relating to the findings of
consistency with the Standards Applicable to All Conditional Uses of the Development
Review Team shall be transmitted in writing to the Planning and Zoning Commission by
the Administrative Official.
B. Planning and Zoning Commission Action on Application. The Planning and Zoning
Commission shall hold a public hearing upon the application in accordance with the
procedures in this Section and enter its order granting or denying such application for
conditional use in accordance with the requirements of Section 166.033, FLorida Statutes,
and other controlling law. In granting any application, the Planning and Zoning
Commission must make specific findings, set forth in a written development order, that
the location, configuration, topography and nature of development surrounding the
premises proposed for such use makes such use an appropriate one which will not
adversely affect the public interest and may prescribe appropriate conditions and
safeguards in the development order which shall become a part of the terms under which
a Site Development Permit and Certificate of Completion shall issue.
C. Date of Hearing. Hearings shall be held by the Planning and Zoning Commission at a
date and time fixed by the Administrative Official.
D. Notice. Notice of the hearing shall proceed in the following manner:
1. Upon a determination of the meeting date, the Administrative Official shall cause
a notice of such hearing to be published at least once in a newspaper of general
circulation in the City of Sanford with such publication to be at least ten (10) days
prior to the date of the hearing. The notice shall include:
(a)
Location, date and time of the hearing.
(b)
A description of the location of the parcel proposed for development
sufficient to identify the site to the general public. A full legal description
III -1
T:\City Commission\2009\022309 Agenda\09-065, Article III-line numbers.doc
47
48
49
50
51
52
53
54
55
56
57 2.
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88 E.
89
90
91
92
93
94
Exhibit "A"
shall not be required as part of the notice, but shall be required as part of
the application.
(c) A brief description of the proposal being considered.
(d) Identification of the body conducting the hearing.
(e) Type of application being considered.
Properties considered for public hearings shall be posted by the applicant with a
sign for ten (10) consecutive days prior to the Planning and Zoning Commission
meeting. The sign, to be provided by the Administrative Official, shall be located
on the property, clearly visible from the public right-of-way.
The Administrative Official shall also mail similar notices setting forth the time,
place and purpose of the hearing to:
(a) the applicant;
(b) the owner of the property described in the application, if other than the
applicant;
(c) the owners of every parcel of land located within a distance of five
hundred (500) feet from the property line of the property described in the
application;
(d) each homeowners association or neighborhood group relating to property
which is located within the public notice area described above;
(e) additional notices as determined by the Administrative Official.
3. Affidavit proof of the required publication, mailing and posting of the notices
shall be presented at the hearing by the applicant.
4. For purposes of determining the name and address of persons entitled to notice
under this Section, the owner of property shall be deemed to be the person who is
so identified in the most current tax roll certified for collection and maintained in
the office of the Seminole County Property Apprai-ser. Such notice shall be
mailed at least ten (10) days prior to the scheduled hearing date.
Appearance and Argument. At any hearing upon any matter subject to the provisions of
this Section, the applicant seeking action and any other party desiring to be heard upon
the application may appear in person, by agent or by attorney. The applicant shall be
entitled to make an initial presentation respecting the application and, at the conclusion of
presentations or statements by all other parties, shall be entitled to offer a statement in
rebuttal to such presentations if the applicant so desires. The Chairperson may, at the
commencement of the hearing upon each application or at any time during such hearing,
III - 2
T:\City Commission\2009\022309 Agenda\09-065, Article III-line numbers.doc
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
Exhibit "A"
require that parties desiring to make a presentation identify themselves and may specify
the time to be allowed each such party within which to make such presentation.
F. Decision and Order by the Planning and Zoning Commission. Action by the Planning
and Zoning Commission upon any matter subject to the provisions of this Section shall be
announced by the Chairperson immediately following the vote determining such action.
All actions to approve or to approve with conditions shall thereafter be embodied in a
written development order prepared by the Administrative Official in conjunction with
the City Attorney. Denials shall comply with the provisions of Section 166.033, Florida
Statutes, and other controlling law.
G. Consecutive Applications. When the Planning and Zoning Commission has denied an
application for a conditional use, no application for the same relief shall be accepted by
the Administrative Official for consideration by the Planning and Zoning Commission for
a period of one (1) year from the date of the original action, provided however, that an
applicant may request waiver of the time restriction and the Planning and Zoning
Commission may waive this provision for proper cause after a hearing in conformity with
the provisions of this Section.
SECTION 3.9 CITIZEN AWARENESS AND PARTICIPATION PLAN (CAPP)
A. Applicability.
1. The following requirements apply in addition to any other notice provIsIons
required elsewhere in this Code. The Administrative Official may require that,
based upon the needs of the abutting communities or the City as a result of
generally accepted land use planning practices and principles or to ensure full
public participation in the planning and land use processes of the City, an
application for a change or modification of land use will require a Citizens
A wareness and Participation Plan (CAPP) This potential requirement shall be
applicable to development applications for developments such as the following
which list is provided for illustrative purposes only and not as a limitation of the
requirement:
. Planned Developments;
. Variances involving a non-residential use;
. Subdivision Plans;
. Rezonings;
. Amendments to the future land use map;
. Other land use or development applications providing for a modification
of the existing land use.
2. These requirements apply in addition to any other notice provlSlons required
elsewhere in this Code.
III - 3
T:\City Commission\2009\022309 Agenda\09-065, Article III-line numbers.doc
143
144
145
146
147
148 B.
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166 C.
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189 D.
190
Exhibit "A"
3. The requirement of a CAPP is not intended to produce complete consensus on all
applications, but to encourage applicants to be good neighbors and to allow for
informed decision making and to maximize, to the extent practicable, public
participation in the planning and land use processes of the City.
Purpose. The purpose of the requirement of a CAPP is, at a minimum, to:
1. Further implement the public participation provIsIons of the City's
Comprehensive Plan.
2. Ensure that applicants pursue early and effective CItizen partICIpation in
conjunction with their applications, giving them the opportunity to understand and
mitigate any real or perceived impacts their application may have on the
community.
3. Ensure that CItizens and property owners are provided with an adequate
opportunity to learn about applications that may affect them and to work with
applicants to resolve concerns at an early state of the process.
4. Facilitate ongoing communication between the applicant, interested citizens and
potentially affected property owners, City staff and elected officials throughout
the application review process.
Submittal Requirements. The applicant may submit a CAPP and begin implementation
prior to formal application at the applicant's discretion. This shall not occur until after the
required pre-application conference or consultation with the Planning Division has
occurred and any applicable fees have been paid by the applicant.
At a minimum the CAPP shall include the following information:
1. Identification of the residents, property owners, interested parties, political
jurisdictions and public agencies that may be affected by the proposed
development and should be given notice of the CAPP meeting.
2. Description of how notification will be provided to those interested in and
potentially affected by the proposed development.
3. Description of how information will be provided to those interested and
potentially affected relative to the substance of the change, amendment or
proposed development for which approval is sought.
4. Description of the means by which, and with whom, an opportunity will be
provided to those interested or potentially affected to discuss the proposal and
express any concerns, issues, or problems well in advance of the first public
hearing.
5. The applicants schedule for completion of the CAPPo
6. The means by which the applicant will keep City officials informed on the status
of citizen participation efforts.
Target Area for Citizen Notification. The level of citizen interest and area of
involvement will vary depending on the nature of the application and the location of the
III -4
T:\City Commission\2009\022309 Agenda\09-065, Article III-line numbers.doc
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212 E.
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
Exhibit "A"
proposed development. The target area for early notification will be determined by the
the Administrative Official. At a minimum, the target area shall include the following:
1. Property owners within five hundred (500) feet of the property proposed for
development.
2. The officers of any homeowners association or registered neighborhood group
within the public notice area as set forth in this Section or that may be impacted
by the proposed development.
3. Any person or entity that may be impacted by the proposed development as
determined by the Administrative Official based upon sound and generally
accepted land use planning practices and principles.
. 4. Other interested parties who have requested to be placed on an interested parties
notification list maintained by the Planning Department.
5. A determination to provide notice in the context of the CAPP process shall not
grant standing to any person for the purposes of subsequent legal challenges or
appeals.
CAPP Report. When a CAPP is required, the applicant shall provide a written report on
the results of the citizen participation efforts prior to the publication of the notice of
public hearing. This report will be attached to the City staffs public hearing report. The
report shall, at a minimum, contain the following information:
1. Details of techniques used to involve interested and potentially affected parties,
including:
. Dates and locations of all meetings where citizens were invited to discuss the
applicant's proposal.
. Content, dates mailed, and numbers of mailings, including letters, meeting
notices, newsletters and other publications.
. Location of residents, property owners and interested parties who received
notices, newsletters, or other written materials.
. The number and names of people that participated in the process.
2. A summary of concerns, issues and problems expressed during the process and
proposed methods of resolution, including by way of example only:
. The substance of the concerns, issues and problems.
. The manner in which the applicant has addressed or intends to address these
concerns, issues and problems.
. The concerns, issues and problems the applicant is unwilling or unable to
address and the basis and rationale of the applicant with regard to each issue
that has not been addresses.
III - 5
T:\City Commission\2009\022309 Agenda\09-065, Article III-line numbers.doc