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
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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
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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
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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
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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
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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
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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
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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.
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(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
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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.
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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
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