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HomeMy WebLinkAbout4004 Temp. Moratorium for D.O.'s & Development PermitsOrdinance No. 4004 An o.rdinance of the. City of Sanford, Florida estsbhehing and impos,ng a temporary moratorium relating to certain applications for development orders and development permits relating to real property located in the downtown central business district of the City of Sanford in order to allow an opportunity for the City to develop goals, objectives and policies of the City's Comprehensive Plan and amendments to the City's Land Development Regulations, as appropriate, relating to the development of design standards and related matters pertaining to .residential and non-residential development projects within the area within which the moratorium is effective; providing for legislative findings, purpose and intent; providing for geographic area encompassed by the moratorium; providing for deve.!opment which is subject to moratorium; provid,ng for exempt development; providing for duration of moratorium; providing for possible extension of moratorium; providing for an administrative remedy to assert vested rights claims; providing for severability; providing for conflicts; providing for non-codification and providing for an effective date. Whereas, in 1995, the City of Sanford established a Community Redevelopment Area and adopted a redevelopment plan, the Lake Monroe Waterfront and Downtown Sanford Community Redevelopment Area Plan, for the specific purpose of revitalizing the City's central business district; and Whereas, the intent of the revitalization plan is to attract and retain business while preserving the unique historic character of the traditional central business district of the City; and Page 1-Ordinance No. 4004 Whereas, in 2000, the City refined the downtown plan with a redevelopment strategy and action plan which identified revitalization strategies and physical planning opportunities in the downtown area; and Whereas, in 2002, the City prepared A Plan for Downtown Sanford, which expressed a unified vision of the downtown as a vibrant historic downtown which respects its intimate connection to the natural wonder of the St. John's River and is surrounded by diverse, lively neighborhoods; and Whereas, consistent with these plans and visions for the City's downtown area, the City has recently made a substantial investment of over twenty million dollars such as funding and implementation of the 1st Street drainage and streetscape project, the 2nd Street drainage and streetscape project, Riverwalk Phase I, decorative street lighting, exposure of bdck pavement, installation of mast arms at United States Highway 17/92 and 1st Street, the replacement of the seawall, the On-Street Parking Supply and Demand Study and the rehabilitation of the historic Ritz Theater; and Whereas, the City has programmed additional improvements for the downtown, including the renovation of Magnolia Square, the renovation of Fort Mellon Park and the extension of the 1st Street streetscape project; and Whereas, the City is at a critical point in its history at which the City's history charm can be paired with its proximity to beautiful natural resources and sound land use planning with particular regard to enhancing the downtown business district and the dparian rights of the City; and Whereas, in order to further implement the revitalization plans for the downtown area, the City is preparing design and development standards for Page 2-Ordinance No. 4004 projects in the downtown area that will be codified in the City's Land Development Regulations; and Whereas, in order to further implement the revitalization plans for the downtown area, the City must conduct careful analyses of the future potential growth scenarios of the City and the effects upon the downtown business distdct of the City; and Whereas, the City is experiencing development pressure for residential and nonresidential projects in the downtown area that would result in development which would lack of sound long range planning, which would prejudice the ability of the City to grow in a manner that provides for long term benefits, that could adversely impact the ability of the City to obtain grants and funding from governmental and other sources, which could result in the City not being able to obtain permits from governmental entities relating to programs and activities which would benefit the City, and which would be detrimental to sound land use planning and development principles and practices; and Whereas, the further approval of developments in the downtown area under current codes and ordinances would allow growth that would be incompatible with the City's ongoing efforts to protect and improve the unique character of downtown Sanford; and Whereas, future growth and land development issues and proper planning and zoning therefore are vital to the health, safety, morals and welfare of the residents of the City of Sanford; and Whereas, the City Commission, based upon the findings and the contents of the July 10, 2006, memorandum to the city Commission from the City Page 3-Ordinance No. 4004 Manager finds that adopting a temporary moratorium upon development will create a more stable environment dudng the moratorium period so the City can prevent unsound development and inadequate growth management while revisions to the City's Comprehensive Plan and Land Development Regulations, as necessary, can be developed, formulated, considered and adopted in an orderly and thorough manner with the application of professional and generally accepted land use and planning principals; and Whereas, the City is taking actions such that the pending legislation or zoning in progress doctrines of law are applicable; and Whereas, the City Commission hereby finds that the problems and planning issues giving rise to the need for a temporary moratorium relating to the City's downtown business area exist and are significant in nature and pose a threat to the sound development of the City and threaten the sound land use planning efforts of the City; and Whereas, the proposed future actions of the City and the processes to be used by the City ensure that reasonable progress shall be made in carrying out the specific actions of the City needed to adequately address the land use issues facing the City are reasonable; and Whereas, the City Commission has taken all actions in accordance with the requirements and procedures mandated by State law; and Whereas, the City Commission is hereby taking reasonable actions to protect the public health safety, morals and welfare to protect the citizens of the City of Sanford, property owners of Properties lying within the City Limits, commercial and economic development within the City and the cultural and Page 4-Ordinance No. 4004 historical ambiance of the City, and other matters within the jurisdiction of the City Commission of the City of Sanford. Now, therefore, be it enacted by the People of the City of Sanford: Section 1: Legislative Findings, Purpose and Intent. The above recitals are hereby adopted as legislative findings of the City Commission and set forth the legislative purpose and intent of this Ordinance. Section 2: Imposition of Temporary Moratorium. (a) All activity relating to the acceptance, review and action upon development applications relating to non-exempt development is temporarily suspended in order for the City to have the time and opportunity to complete design and development standards, land use compatibility requirements, approval processes and procedures, and other planning and land use matters related to development in the downtown business district to include, as may be necessary, but not to limited to, amendment of the City's Comprehensive Plan and Land Development Regulations. (b) Based upon the legislative findings, purpose, and intent set forth herein, there is hereby imposed a temporary moratorium on all land use approvals, not exempted herein, relating to development applications pertaining to real property described and depicted in Section 3. (c) During the time that this moratorium is in effect, no applications for development approval will be accepted with regard to the development which is the subject of the provisions of this Ordinance as set forth in Section 4. Section 3: Geographic Area Covered. The map attached hereto as Exhibit "A" shows (which is hereby adopted and incorporated into this Ordinance Page 5-Ordinance No. 4004 as if full set forth in this Section verbatim), describes and depicts the geographic area that is the subject of the temporary moratorium established in this Ordinance. Section 4: Development Subject to Moratorium. (a) The moratorium imposed by the provisions of the Ordinance includes, but is not limited to, the following land use applications for development approval: (1) Applications for as-of-right, minor and major conditional use development approval. (2) Applications for planned developments. (3) Applications to amend the City's Comprehensive Plan by amending the Future Land use Map. (4) Applications to rezone properties. (5) Applications for minor and major subdivision plan approvals. (6)) Applications for master plan approvals. (7) Variances of any type or nature. (8) Any other type of development approval that would relate to development of any structure of a height of more that a single story. (9) Any and all other development orders and development permits that do not relate to development exempt from the provisions of the moratorium as set froth in Section 5. (b) If a property owner or owners asserts that a development application proposed by the property owner or owners is not subject to the moratorium imposed by the provisions of the Ordinance, the provisions of the Page 6-Ordinance No. 4004 City's Land Development Regulations relating to administrative interpretations shall apply. Section 8: Exempted Development. Only applications for the development of single-family detached residential dwelling units are exempted from the provisions of this Ordinance. Section 6: Duration of Moratorium. (a) The temporary moratorium established by this Ordinance shall take effect immediately upon the effective date of this Ordinance and shall terminate one hundred and eighty (180) after the said effective date. (b) No applications for development approvals subject to the moratorium will be accepted by the City until the moratorium has expired. (c) The temporary moratorium set forth in this Ordinance shall expire prior to the termination date set forth herein if the City Commission adopts amendments to the City's 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 the unique character of the downtown business area and the Ordinance enacting said amendments so provides as a legislative finding. Section 7: Time Extension of Moratorium. The City Commission may extend the moratorium set forth in this Ordinance by enactment of an ordinance one (1) time for a period not to exceed one hundred eighty (180) days upon a legislative finding being made by the City Commission and set forth in the ordinance that the problems and planning issues giving rise to the need for the moratorium imposed by this Ordinance still exist and that reasonable progress is Page 7-Ordinance No. 4004 being made in carrying out a specific and prompt plan of corrective action, but that additional time is needed to adequately address the land use issues facing the City. SectJon 8: Administrative/Quasi-Judicial Review Procedures. (a) The owner or owners of real property or his, her, its or their expressly authorized agent may request a determination of vested rights by paying the application fee therefor and filing a technically complete application with the City Manager or designee. (b) The application form shall, at a minimum, contain the following information: (1) The name and address of the applicant who shall be the owner or all owners of the subject parcel of real property or a person expressly authorized to apply on behalf of the property owner or owners. (2) A legal description, current tax parcel identification number and survey or a sketch of the real property which is the subject of the application. (3) The name and address of each owner or the real property. (4) A site or development plan or plat for the real property. (5) Identification by specific reference to any ordinance, resolution or other action of the City or failure to act by the City, upon which the applicant relied and which the applicant believes supports the applicant's position. (6) A statement of fact which the applicant intends to prove in support of the application that vested dghts exist. The application shall fully articulate the legal basis for being allowed to proceed with development notwithstanding the moratorium. Page 8-Ordinance No. 4004 (7) Such other relevant information that the City Manager, or designee, may request or the applicant may desire to have initially considered. (c) The application shall provide a sworn statement to be executed by all owners of the real property or an authorized agent that all information set forth on the application is true and correct. (d) The City Manager, or designee, shall screen each application for a vested rights determination to determine whether the application is technically complete. The sufficiency determination shall be made within fourteen (14) calendar days after receipt of an application, if not technically complete, the application shall be promptly retumed to the applicant. A technically incomplete application shall be returned to the applicant with wdtten notification of the deficient items not provided as required by this Ordinance and the applicant shall be granted fourteen (14) additional calendar days to complete this application. If a response is not submitted to the City Manager, or designee, within the time specified the application shall be deemed abandoned. (e) Upon the City Manager, or designee, accepting a technically complete application, for which the application fee has been submitted, the City Commission shall review the application and hold a public hearing and make a final determination within twenty-one (21) calendar days as to whether or not it has been clearly and convincingly demonstrated that the real property subject to the application has vested status. 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 and that development Page 9-Ordinance No. 4004 may proceed, the applicant shall have the dght to rely upon such written notification that the real property is vested and the determination that the real property is vested shall be final and not subject to appeal, revocation or modification. Thereupon, permits may be granted notwithstanding the moratorium established in this Ordinance. (f) At the hearing, the applicant shall present all of its, their, his or her evidence in support of the application. The technical rules of evidence in judicial proceedings shall not be applicable, but all testimony given shall be under oath. (g) The City Commission's decision to grant or determine vested rights status shall be final subject, however, to appeal in accordance with State law. (h) Decisions made by the City Commission pursuant to this Ordinance may be appealed by the real property owner or owners to the Circuit Court in and for Seminole County, Florida. Section 9. 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 10. Conflicts. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. 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 neither the Land Development Code nor the Code of Ordinances of the City of Sanford shall be revised to accommodate such inclusion. Page 10-Ordinance No. 4004 Section 12. Effective Date. This Ordinance shall become effective immediately upon its passage and adoption. Passed and Adopted this 28th day of August, 2006. Attest: ,oanet Dougherty, Cit~Clerk ~.~ City Commission of the City of Sanford, Florida Linda )~uhn, Mayor 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. 4004, passed and adopted by the City Commission of the City of Sanford, Florida, on the 28th day of August, 2006, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 30th day of August, 2006. ~Janet R. Dougherty ~2' As the City Clerk of the City of Sanford, Florida Page 11-Ordinance No. 4004 r f