HomeMy WebLinkAbout3722 ORDINAd~TCE NO. 3722
AN ORDINANCE OF THE CITY OF SANFORD
ESTABLISHING A TEMPORARY MORATORIUM ON
THE REVIEW AND CONSIDERATION OF
APPLICATIONS FOR APPROVAL OF MULTIFAMILY
RESIDENTIAL DWELLING UNITS AND TO REQUIRE
THE S,~FORD PLANNING AND ZONING COMMISSION
TO INITIATE A REVIEW OF THE COMPREHENSIVE
PLAN AND LAND DEVELOPMENT REGULATIONS
REGARDING SUCH USE AND TO REPORT TO THE CITY
COMMISSION REGARDING ITS RECOMMENDATIONS;
PROVIDING FOR PURPOSE AND INTENT; PROVIDING
FoR GEOGRAPmC AREA COVERED; PROVIDING FOR
COVERED REVIEWS AND EXEMPTED REVIEWS;
PROVIDING FOR THE DURATION OF MORATORIUM;
PROVIDING FOR POSSIBLE EXTENSION; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR NON-CODIFICATION; AND
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the location and number of multi-family residential dwelling units have
significant economic and social impact upon the residents of the City of Sanford; and
WHEREAS, the character and development pattern of the City of Sanford has be
significantly altered by the approval of 5,359 rental apartment units from 1999 to the present; and
WHEREAS, existing approved multi-family residential units will meet the demand for
housing in the City of Sanford past the year 2025; and
WHEREAS, there are ninety-seven (97) vacant acres within the City which are assigned a
land use designation and zoning classification allowing the property to be used for multifamily
residential development; and
WHEREAS, the City of Sanford is in the process of preparing extensive amendments to the
Land Development Regulations of the City that will create consistency between the stated goals and
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Ordinance No. ~
objectives of the City's Comprehensive Plm~, the City's vision of its future as set forth in the City's
Strategic Plan and the Cit3~'s Land Development Regulations; and
WHEREAS, the further approval of multifamily residential developments within the City of
Sanford under current ordinances would allow growth incompatible with the City' s present efforts to
protect and improve the unique character of the City and to maintain compatibility between and
harmony of land uses; and
WHEREAS, future growth and land development issues and proper planning and zoning
therefore are vital to the health, safety, and welfare of the residents of the City of Sanford; and
WHEREAS, the City Commission, based upon the findings and the contents of the June 19,
2002, memorandum to the City Commission from the City Manager finds that adopting a temporary
moratorium upon multi-family residential development will create a more stable environment during
the moratorium period so the City can prevent unsound development and inadequate growth
management while revisions to the Comprehensive Plan and/or Land Development Regulations can
be developed, formulated, considered and adopted in an orderly and thorough manner with the
application of normal and generally accepted and use and planning principles.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1: TEMPORARY MORATORIUM UPON MULTI-FAMILY
RESIDENTIAL DEVELOPMENT APPLICATIONS
(a) Purpose and Intent. Imposition of Temporary Moratorium. The above recitals are
hereby adopted as legislative findings. All activity relating to the acceptance, review
and action upon multifamily residential development applications are being
temporarily suspended in order for the City to have the time and opportunity to
analyze the adequacy of locational criteria, standards, land use compatibility
requirements and approval procedures related to multi-family residential
development. Accordingly, based upon the foregoing, there is hereby imposed a
temporary moratorium on all land use approvals, not exempted herein, relating to
multifamily residential development application~s. During the time that this
moratorium is in effect, no applications for development approval for multi-family
residential development will be accepted.
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Ordinance No. G:i~/; ~
(b) Geographic Area Covered. All applications for multi-family development within
the City shall bc subject to the provisions of this Ordinance except those applications
for development within the Waterfront Downtown Business District (WDBD) as
designated on the Future Land Use Map of the City of Sanford Comprehensive Plan
and except those exempted pursuant to the provisions of this Ordinance.
(c) Review Covered. The provisions of this Ordinance cover the following land use
issues:
(1) Applications for as-of-right and conditional use development approval.
(2) Applications for plamaed developments which include a multi-family
residential element.
(3) Applications to amend the Comprehensive Plan by amending the Future Land
Use Map to a designation that allows multi-family development.
(4) Applications to rezone properties to a multi-family zoning district.
(d) Review Exempted. The following types of applications are exempted from the
provisions of this Ordinance:
(1) Replacements of existing multi-family residential dwelling unit at the same
density.
(2) Duplexes.
(3) All multi-family development or the subdivision of land for which a
development order was gxanted prior to the effective date of the moratorium.
(4) Residential Urban Infill projects, as described in Policy 1-3.3.5 of the City of
Sanford Comprehensive Plan provided that the project contains twenty (20) or
less multi-family residential units.
(5) Multi-family developments, including, but not limited to condominiums,
town homes, and cooperative apartments (co-ops), in which the units will
be individually owned.
(e) Duration of Moratorium. The temporary moratorium set forth in this Ordinance
shall take effect immediately upon the effective date of this Ordinance and shall
terminate nine (9) months after the said effective date, No applications subject to the
moratorium will be accepted by the City until the moratorium has expired.
The temporary moratorium set fortIt in this Ordinance shall expire prior to the
termination date set forth herein if t~he City Commission adopts Comprehensive Plan
amendments and/or Land Development Regulations that protect the health, safety,
and welfare of the residents of Sanford and are compatible with the City's present
efforts to protect and improve its unique character and the Ordinance enacting said
Comprehensive Plan amendments and/or Land Development Regulations so provides.
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Ordinance No. ~;
(f) Time Extension of Moratorium. The City Commission may extend the moratorium
by enactment of an ordinance one (1) time for a period not to exceed one hundred
eighty (180) days upon a finding by the Commission set forth in the Ordinance that
the problems giving rise to the need for a moratorium still exist and that reasonable
progress is being made in carrying out the specific and prompt plan of corrective
action but that additional time is needed to adequately address the land use issues
facing the City.
SECTION 2. Severability. 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 of
any other section or part of a section of this Ordinance.
SECTION 3. Conflicts. All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
_SECTION 4. Non-Codification. The provisions of this Ordinance shall not be included and
incorporated within the Land Development Regulations of the City of Sanford, Florida, and the Land
Development Code shall not be revised to accommodate such inclusion.
SECTION 5. Effective Date. That this Ordinance shall become effective immediately upon
its passage and adoption.
PASSED and ADOPTED ~ day f
MAYOR
ATTEST:
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Ordinate No.
As the City Commission of the
City of Sanford, Florida
CERTIFICATION
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~7 , PASSED and ADOPTED by the City
Commission of the City of Sanford, Florida,°i~th~~ of ,2002, was posted at the
Sanford, Florida
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Ordinance No.
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