HomeMy WebLinkAbout4344 2015 CRA Ordinance 4344 ExtensionOrdinance No. 2015 -4344
An ordinance of the City of Sanford, Florida relating to community
redevelopment and reaffirming the finding of the existence of blight
conditions in an area of the City; making diverse specific findings
and determinations in accordance with the controlling provisions of
State law and expressing legislative intent; adopting a Community
Redevelopment Plan; finding that the plan conforms to the City's
Comprehensive Plan; providing for implementation of the
Community Redevelopment Plan; providing for processes,
procedures, requirements, limitation of effect and related matters;
amending Chapter 74, Article 11, City Code relating to community
redevelopment and all matters relating thereto; providing for
implementing administrative actions; providing for a savings
provision; providing for conflicts; providing for codification and the
correction of scrivener's errors; providing for severability and
providing for an effective date.
Whereas, the Board of County Commissioners of Seminole County has
previously delegated authority to the City of Sanford for the establishment, expansion
and operation of a Community Redevelopment Agency through the adoption of
Seminole County Resolution Numbers 90 -R -213, 93 -R -181, 95 -R -246 and 2009 -R -154,
in accordance with the provisions of Section 163.410, Florida Statutes, related to the
exercise of community redevelopment powers in counties with home rule charters; and
Whereas, the governments of the City Commission and of Seminole County
have previously worked in a harmonious, cooperative and collaborative manner on
many issues and in many ways and desire to further such positive and beneficial
relationship and implementation of projects, programs and activities for the benefit of
the citizens of Seminole County and the City of Sanford; and
Whereas, a study was completed that confirms conditions of blight in that part
of the City of Sanford {the "Lake Monroe Waterfront Downtown Sanford Community
Redevelopment Area") as more particularly described in Exhibit "A" and depicted in
Exhibit "B"; and
Whereas, the results of that study have been presented and adopted by the
City Commission of the City for its consideration and are included in the public record;
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Whereas, the results of that study have been presented to the Board of
County Commissioners of Seminole County for its consideration and included in the
public record; and
Whereas, a community redevelopment plan as contemplated by Part III,
Chapter 163, Florida Statutes, the "Community Redevelopment Act of 1969," was
prepared 1995 which addresses the redevelopment needs original to the City of
Sanford's Lake Monroe Waterfront Downtown Sanford Community Redevelopment
Area; and
Whereas, an update of the 1995 community redevelopment plan has been
prepared, through close coordination with Seminole County, the City of Sanford and the
CRA Board, to address conditions of blight that are still present within the City of
Sanford's Lake Monroe Waterfront Downtown Sanford Community Redevelopment
Area; and
Whereas, on April 2, 2015 the City of Sanford Planning and Zoning
Commission, acting as the City's Local Planning Agency for the purposes of the Local
Government Comprehensive Planning and Land Development Regulation Act,
determined the proposed Community Redevelopment Plan is in conformity with the
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City's Comprehensive Plan for the City as a whole and recommended the approval of
the proposed Plan; and
Whereas, the Sanford Community Redevelopment Agency considered the
proposed community redevelopment plan on May 6, 2015, recommended approval of
the proposed Community Redevelopment Plan; and
Whereas, a copy of the proposed Community Redevelopment Plan was
submitted by the Community Redevelopment Agency to the Board of County
Commissioners of Seminole County, as the governing body of Seminole County,
Florida, the St. Johns River Water Management District; the City of Sanford; and the
Seminole County Public Schools; as taxing authorities which levy ad valorem taxes on
taxable real property located in Seminole County; and
Whereas, the City of Sanford has complied with all requirements and
procedures of Florida law in processing and advertising this Ordinance and the public
hearings held in relation to this Ordinance and has conducted all reviews and analysis
in accordance with the controlling provisions of State law; and
Whereas, the actions taken in this Ordinance are consistent with the goals,
objectives and policies of the Comprehensive Plan of the City of Sanford, and
Whereas, the notices required by Section 163.346, Florida Statutes, and other
controlling law have been published, noticed and mailed as required; and
Whereas, the City Commission of the City of Sanford conducted public
hearings on June 8 and June 22, 2015, to consider the proposed Community
Redevelopment Plan; and
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Whereas, for purposes of this Ordinance, underlined type shall constitute
additions to the original text, *** shall constitute ellipses to the original text and
stFikethmugh text shall constitute deletions to the original text; provided, however, that
sections with all new text, codified or not, shall not be legislative scored and shall note
that all of the text is in the original.
Now, Therefore, Be It Enacted By The People Of The City Of Sanford,
Florida:
Section 1. General Legislative Findings And Intent; Finding of
Conformance; Finding of Adequacy of Recreational Facilities and Community
Policing Innovations; Finding of No Anticipated Residential Displacement;
Finding of Maximum Opportunity; Finding of Effect on Private Enterprise. (All
original text).
(a). The recitals set forth above in the "whereas clauses" are hereby adopted
as legislative findings of the City Commission of the City of Sanford.
(b). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the City staff report and City Commission agenda
memorandum relating to this Ordinance.
(c). The City Commission of the City of Sanford hereby finds, determines and
declares that the Lake Monroe Waterfront Downtown Sanford Community
Redevelopment Area Community Redevelopment Plan for the Community
Redevelopment Area conforms to the Comprehensive Plan of the City as required by
controlling State law and is consistent with the goals, objectives and policies of the
City's Comprehensive Plan.
(d). The City Commission of the City of Sanford hereby finds, determines and
declares that the Sanford Community Redevelopment Plan for the Lake Monroe
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Waterfront Downtown Sanford Community Redevelopment Area Community
Redevelopment Plan gives due consideration to the provision of adequate park and
recreational areas and facilities that are desirable for neighborhood improvement, with
special consideration for the health, safety and welfare of children residing in the
general vicinity of the area addressed by the Lake Monroe Waterfront Downtown
Sanford Community Redevelopment Area Community Redevelopment Plan and gives
due consideration to the utilization of community policing innovations in the general
vicinity of the area addressed by the Lake Monroe Waterfront Downtown Sanford
Community Redevelopment Area Community Redevelopment Plan.
(e). The City Commission of the City of Sanford hereby finds, determines and
declares that the Sanford Community Redevelopment Plan for the Lake Monroe
Waterfront Downtown Sanford Community Redevelopment Area does not anticipate or
propose any activities that will have the potential to displace residents who currently
reside within the general vicinity of the area addressed by the Community
Redevelopment Plan.
(f). The City Commission of the City of Sanford hereby finds, that although
the Lake Monroe Waterfront Downtown Sanford Community Redevelopment Area
Community Redevelopment Plan contemplates that most improvements shall be
undertaken by the City or the Community Redevelopment Agency, or the two entities in
collaboration, the Lake Monroe Waterfront Downtown Sanford Community
Redevelopment Area Community Redevelopment Plan will afford the maximum
opportunity consistent with the sound needs of the City as a whole, for the rehabilitation
or redevelopment of the community redevelopment area by private enterprise to the
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extent contemplated by the Sanford Community Redevelopment Plan.
(g). The City Commission of the City of Sanford hereby finds, determines and
declares that the proposed Community Redevelopment Plan for the Lake Monroe
Waterfront Downtown Sanford Community Redevelopment Area will afford maximum
opportunity, consistent with the sound needs of the City of Sanford as a whole, for the
rehabilitation or redevelopment of the Community Redevelopment Area by private
enterprise.
(h). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
text).
Section 2. Adoption of Community Redevelopment Plan. (All original
(a). The Lake Monroe Waterfront Downtown Sanford Community
Redevelopment Plan as set forth in Exhibit "C ", having been duly received and
considered as provided by law, is hereby approved and adopted. Said Plan is hereby
designated as the official Sanford Community Redevelopment Plan for the Lake Monroe
Waterfront Downtown Sanford Community Redevelopment Area. It is the purpose and
intent of the City Commission that the Sanford Community Redevelopment Plan be
implemented in the Community Redevelopment Area in accordance with the controlling
provisions of State law.
(b). The Lake Monroe Waterfront Downtown Sanford Community
Redevelopment Area is sufficiently complete to indicate such land acquisition,
demolition and removal of structures, redevelopment, improvements and rehabilitation
as may be proposed to be carried out in the Community Redevelopment Area; zoning
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and planning changes, if any; land uses; maximum densities; and building
requirements.
Section 3. C. The provisions of Chapter 74, Article 11 of the City Code area
amended to read as follows:
Sec. 74-54. - Established.
There is hereby established and created in accordance with the provisions of
F.S. § 163.387, a Lake Monroe Waterfront and Downtown Sanford Community
Redevelopment Trust Fund hereafter referred to as the "fund."
Sec. 74-65. - Use of funds.
(a) The funds allocated to, and deposited into the fund are hereby
appropriated to the Sanford Community Redevelopment Agency, hereafter referred to
as the "Agency," to finance the City of Sanford Community Redevelopment Projects
within the "Lake Monroe Waterfront and Downtown Sanford Community Redevelopment
Area" as created by the City of Sanford and as may be amended from time-to-time. The
agency shall utilize the funds and revenues paid into and earned by the fund for all and
every community redevelopment purpose delegated to it in accordance with controlling
law and as contained in the approved plan for redevelopment as provided by controlling
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(b) No Seminole County tax revenues, equivalent revenues, or any other
County funds of any kind shall be used in any way to fund the Community
Redevelopment Agency nor any of said Agency's programs or projects except as
specifically identified in the Community Redevelopment Plan tendered to the County. In
no event may the City _pledge or assert any interest in any Seminole County revenues or
funds without the express written consent of the Board of County Commissioners or
with regard to the tax increment revenues deriving to the City_
(c) All uses of revenues deposited in the fund shall be evaluated by the
Treasurer of the Agency and Agency legal counsel who shall certify that the use of the
funds are consistent with the Community Redevelopment Plan.
Sec. 74 -56. - Appropriations; administration.
(a) There shall be paid into the fund, and the City hereby appropriates,
commits and sets over for payment into the fund, a sum equal to that increment from
the income proceeds, revenues and funds of the City derived from or held in connection
with the Lake Monroe Waterfront and Downtown Sanford Community Redevelopment
Area, and the agency's undertaking and carrying out of the projects therein. Said
increment shall be determined and appropriated annually and shall be as set forth in
F.S. § 163.387. It shall be in an amount equal to the percentage approved by the Board
of County Commissioners in its delegation of authority resolution erne of the
difference between:
f) fD The amount of ad valorem taxes levied each year by the City and
by Seminole County, exclusive of any amount from any debt service millage, on taxable
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real property contained within the geographic boundaries of the Lake Monroe
Waterfront and Downtown Sanford Community Redevelopment Area; and
(b) The amount of ad valorem taxes which would have been produced
by the rate upon which the tax is levied each year by the City and by Seminole County,
exclusive of any debt service millage, upon the total of the assessed value of the
taxable real property in the Lake Monroe Waterfront and Downtown Sanford Community
Redevelopment Area as shown by the most recent assessment roll used in connection
with the taxation of such property by the City and Seminole County prior to the effective
date of this subdivision, providing for the funding of the fund.
4s4 (b) The City will annually appropriate to the fund the aforestated sum at
the beginning of the City's fiscal year. The fund shall receive the tax increment above
described only as, if and when, such taxes may be collected by the City. The City's
obligation to annually appropriate to the fund shall commence immediately upon the
effective date of this subdivision and continue to the extent permitted by state law, until
all loans, advances and indebtedness, if any, and interest thereon incurred by the
agency as a result of the projects within the Lake Monroe Waterfront and Downtown
Sanford Community Redevelopment Area have been paid, and only to the extent that
the tax increment recited above accrues.
(d) The agency is directed to establish and set up the fund and to
develop and promulgate rules, regulations and criteria whereby the fund may be
promptly and effectively administered, including the establishment and the maintenance
of books and records and adoption of procedures whereby the agency may,
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expeditiously and without undue delay, utilize said fund for its allocated statutory
purpose subject to annual budgetary approval by the City Commission.
{e3 ) The agency is vested with full responsibility for the receipt, custody,
disbursement, accountability, management and proper application of all monies paid
into the fund subject to annual budgetary approval by the City Commission. The
governing body of the agency shall be the trustee of the fund.
ff) e) Monies in the fund may not be spent for community redevelopment
projects without the approval of the City Commission in accordance with its budgetary
approvals. The City Manager is hereby delegated authority to enter memorandums of
agreement with the agency in order to provide for the provision of administrative and
other services to the agency with all costs being reimbursed to the City by the agency.
(f) All uses of revenues deposited in the fund shall be evaluated by the
Treasurer of the Agency and Agency legal counsel who shall certify that the use of the
funds are consistent with the Community Redevelopment Plan.
Sec. 74 -75. - City of Sanford Community Redevelopment Agency.
(a) The City of Sanford Community Redevelopment Agency is hereby created
and established.
(b) In accordance with Section 163.410, Florida Statutes, the Agency shall
exercise only such powers as conferred by delegation to the City of Sanford by the
Board of County Commissioners of Seminole County. The City Commission shall be
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charged with, and solely responsible for, making any and all necessary findings relative
to the actions taken with regard to the creation and operation of the Agency and an
and all actions taken subsequent to the creation of the Agency and continued operation
of said Agency.
(c) Any proposed additional community redevelopment areas or any
proposed expansion of the Community Redevelopment Area as contemplated, shall
require that the City seek and request an additional delegating resolution from the
Board of County Commissioners of Seminole County in accordance with controlling
State laws which action shall not be deemed or construed, in any way, as a general
delegation by Seminole County of any powers nor a pledge of any Seminole County
funds or revenues to be used by the City, the Agency or within the Community
Redevelopment Area except with regard to tax increment revenues as specifically
dedicated and allowed to be used by the City by formal action of the Board of County
Commissioners in accordance with the controlling provisions of State law.
Sec. 74-76. - Composition of the agency.
(a) The City Commission shall appoint the members to of the agency in
accordance with the delegation of authority to the City as approved by the Board of
County Commissioners of Seminole County , whiGh shall GORSiSt of a total of five
members. Two of the five Fnember-s shall be nominated by the Board of Cow*
Commissioners of SemiRele GeuRty and appGinted by the City GOMMissien. The E)t
thFee members shall be nemwnated and appGoRted by the City
W (b) Any person may be appointed as a member if he or she resides or
is engaged in business, which means owning a business, practicing a profession, or
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performing a service for compensation, or serving as an officer or director of a
corporation or other business entity so engaged, within the City's of SaRferd corporate
limits.
(b) (c) The City Commission shall designate a chairperson, and vice
chairperson and Treasure from among the members of the agency or the staff of the
Agency, with regard to the Treasures, and the agency shall advise the City Commission
at such time as it desires to designate its officers.
Sec. 74 -77. - Terms of office and removal from office.
(a) The terms of office of the members of the agency shall be for four years or
such terms as may be provided in the delegation of authority issued by the Board of
County Commissioners of Seminole County.
(b) The City Commission may remove a member of the agency for
inefficiency, neglect of duty, or misconduct in office only in the manner prescribed by
law.
Sec. 74 -78. - Duties and responsibilities.
(a) The agency shall be the redevelopment agency to carry out the
redevelopment of the Lake Monroe Waterfront and Downtown Sanford Community
Redevelopment Area, and to that end and as such, shall have and exercise all of the
powers of redevelopment agencies pursuant to F.S. Ch. 163, pt. III, as amended, and
shall have the power granted to it by actions taken in accordance with the controllinq
provisions of law SerniRele GOURty BeaFd of GeuRty GemmissioneFs from time -to -time.
W ) The agency shall exercise all the powers necessary or convenient
to carry out and effectuate the purposes and provisions of community redevelopment
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and related activities consistent with the delegation of authority issued by the Board of
County Commissioners of Seminole except the fallowiRg WhiGh shall be vested iR the
consistent with the delegation of the
Board of County Commissioners:
(1) The power to determine an area to be a slum or blighted area.
(2) The power to grant final approval to community redevelopment plans.
(3) The power to authorize the issuance of revenue bonds.
(4) The power to approve the acquisition, demolition, removal, or disposal of
property.
(b) (c) The agency shall file with the City Commission and with the auditor
general as well as all other agencies and entities as may be required by controlling law,
on or before March 31 of each year, a report of its activities for the preceding fiscal year,
which report shall include, at a minimum, a complete financial statement setting forth its
assets, liabilities, income, and operating expenses as of the end of such fiscal year. At
the time of filing of the report, the agency shall comply with all procedures regarding
notice and publishing as set forth by controlling law.
(d) The Agency shall provide the Board of County Commissioners of
Seminole County and the City Commission written notification in a timely fashion of any
proposed actions activities or projects that may be deviate from the prof cts programs
and priorities that have been identified within the latest adopted Community
Redevelopment Plan prior to the undertaking of a potentially deviating_ project, program
or activity' provided however, that, this provision shall not be construed to permit any
actions not compliant with controlling State law which prohibits any expenditures from
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the Community Redevelopment Trust Fund for any expenditure that is non consistent
with the Community Redevelopment Plan.
(e). Any future updates, if any, of the Community Redevelopment Plan shall
be developed in close coordination with the Seminole County Board of County
Commissioners of Seminole County and/or their designated staff representatives to
identify shared development objectives, potentially complementary or competing
projects or other issues and concerns as may be determined co-gent by the Seminole
County Board of County Commissioners of Seminole County in accordance Section
163.361, Florida Statutes.
Sec. 74-79. - Future multi jurisdictional community redevelopment agency.
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(a) Should Seminole County create, in the future, a Community
Redevelopment Agency with jurisdiction over the Community Redevelopment Area, the
delegation of the Board of County Commissioners of Seminole County shall
automatically terminate and expire and the Agency shall terminate and cease to exist in
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accordance with whatever schedule Seminole County may establish when creating a
new Community Redevelopment Agency. In such event, the City shall unwind and
transfer its projects programs and activities to the successor Community
Redevelopment Agency.
(b) The Agency shall ensure that all of its projects, programs and activities
into any multi -jurisdictional or Countywide Community Redevelopment Agency that may
be established in the future by Seminole County. To that end, all documents of creation
and implementation of the Agency shall provide for the contingent future transfer of any
and all projects programs, activities, assets, property, funds, obligations and liabilities
to Seminole County and /or a multi - jurisdictional or Countywide Community
Redevelopment Agency established by Seminole County; provided, however, that any
funds on account at the time of termination, expiration, or dissolution of the Agency that
are not encumbered or pledged as security for any indebtedness shall be transferred to
the City for use as the City deems fit consistent with the controlling provisions of State
law, within the Community Redevelopment Area; provided, further, however, that any
real or personal property that has been purchased with Agency funds shall become the
property of the City unless pledged or encumbered and Agency shall take any and all
necessary actions to implement those transfers.
Section 4. Use of Eminent Domain. (All original text).
The City Commission of the City of Sanford hereby acknowledges that any
potential use of the powers of eminent domain by the City shall be in accordance with
Section 73, Florida Statutes, and the taking private property for the purpose of
preventing or eliminating slum or blight conditions is not a valid public purpose or use
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for which private property may be taken by eminent domain and does not satisfy the
public purpose requirement of Section 6(a), Article X of the Constitution of the State of
Florida.
Section 5. Liability. (All original text).
Nothing contained herein shall impose any liability upon Seminole County for any
acts of the City or the Community Redevelopment Agency.
Section 6. Implementing Administrative Actions. (All original text).
(a). The City Manager, or designee, is hereby authorized and directed to
implement the provisions of this Ordinance and to take any and all necessary
administrative actions to include, but not be limited to, the adoption of administrative
policies, procedures, processes and rules.
(b). The City Manager may enter into such intergovernmental agreements and
memoranda of understandings as may be necessary and appropriate to implement the
provisions of this Ordinance.
Section 7. Savings. (All original text).
The prior actions of the City of Sanford in implementation of community
redevelopment projects, programs and activities as well as all related are hereby ratified
and affirmed.
Section 8. Severability. (All original text).
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
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unconstitutional.
Section 9. Codification; Scrivener's Errors. (All original text).
(a). This Ordinance shall be codified in the City Code of the City of Sanford;
provided, however, that Sections 7, 8, 9 and 10 shall not be codified. The Code Codifier
is granted broad and liberal authority to change section numbers is in the current City
Code and to take other appropriate actions as set forth in Section 1 -10 of the City Code.
(b). Typographical errors and other matters of a similar nature that do not
affect the intent of this Ordinance, as determined by the City Clerk and City Attorney,
may be corrected with the endorsement of the City Manager, or designee, without the
need for a public hearing.
Section 10. Effective Date. (All original text).
This Ordinance shall take effect immediately upon passage and adoption;
provided, however, that the Community Redevelopment plan set forth herein shall be
implemented only upon the Board of County Commissioners approval of a delegation of
authority resolution subsequent to the effective date of this Ordinance and on or before
December 31, 2015.
Passed and adopted this 22 day of June, 2015.
City Commissio of the City of
Sanford, Florida
Seminole ountl Florida
Jeff
17IPage
Attest:
CyntA Porter, City Clerk
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