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041888-Workshop Session230 MINUTES City Commission, Sanford, Florida April 18, 19 88 The City Commission of the City of Sanford, Florida, met in Workshop Session in the City Marauder's Conference Room of the City Hall in the City of Sanford, Florida, at 4:00 o'clock P. M. on April 18, 1988. Present: Mayor-Commissioner Bettye D. Smith Commissioner Whitey Eckstein Commissioner John Y. Mercer Commissioner Bob Thomas Commissioner A. A. McClanahan City Attorney William L. Colbert City Manager Frank A. Faison City Clerk H. N. Tamm, Jr. The meeting was called to order by the Chairman. The City Engineer submitted a memorandum on the suggested changes to the Residential care FacilitY Ordinance from the Planning and ZOning Workshop as follows: MEMORANDUM TO: VIA: FROM: SUBJECT: DATE: City Manager Director of Engineering and Planning Zoning and Arbor Inspector Residential Care Facility Ordinance February 1, 1988 The changes suggested to the Residential Care Facility Ordinance as made at the Planning and Zoning workshop, %/28/88, are as follows: Underlined Insertions: 1. SECTION 3: B. Definitions c. RCF Standards: (3). There shall eighteen (18) on site are in the facility. be a responsible person and on duty at all times over the age of while residents (5). There shall be sufficient outside recreational area: minimum of fifty (50) square feet per resident. a e SECTION 3: B. Definitions c. RCF Standards (8) Any residential care facility, whether or not it is inspected by any other' governmental entity, shall be inspected annually by the City Fire~ Department for fire safety in accordance with applicable Fire Safety Codes as a condition precedent to an occupational license or any renewal thereof. 3. SECTION 3: B. Definitions 2. Resident A resident means a person who is provided with room, board and personal care in a residential care facility including, but not limited to: elderly persons, physically disabled persons, persons with a developmental disability as defined in 393.001(1), Florida Statutes, non-dangerous, persons who are mentally ill as defined in 394.455(3), Florida Statutes, and dependent children as defined in 39.01(9), Florida Statutes. The term "resident" shall not include any person determined to meet the criteria for involuntary placement set forth in 394.467(1), Florida Statutes, or any person who has been convicted of or entered a plea of guilty or nolo contendere, or has_been found not guilty by r~ason of insanity .... of..a forcible felony under 776.08, Florida Statutes, without regard to whether adjudication, of guilt or imposition of sentence was suspended, deferred or withheld or any person who has a reoortable communicable disease as Set forth in Florida ,4. AdminiStrative Code - No. 10 D-3. SECTION 3. C. Permitted Use 1. Residential Care Facilities of Low Intensi~y ,. DELETE: 1. A maximum of 4 residents MP-AA, MP-A sR'~AA, 'SR-1A, SR'i, SECTION 3. C. Permitted Use 3. Conditional Care Facilities of. Low Intensity Use a. Residential MINUTES City Commission, Sanford, Florida : April 18, ADD: 1. A maximum of 4 residents SR-1AAt SR-1At SR-1 MP-AA, MP-A Correct F. Table of Zoning Districts with Allowable Intensities and Capacities to reflect the conditional use for SR-1AA, SR-1A, SR-1, MP-AA and MP-A. SECTION 4. Family Residential District Article V Use Provisions, Section ! SR-1AA, Single- DELETE: Uses Permitted 10. Residential care intensity with a maximum of four (4) residents." ADD: "B Conditional facilities of tow Uses Permitted. 8. 'Residential care facilities of low intensity with a maximum of four (4) residents." The City Attorney reported that it would be necessary to hold a public hearing to consider amending the zoning ordinance, and recommended the Commission review the category for the license and to set a fee for same. The Commission authorize a public hearing to be held on May 9, 1988 to consider said zoning amendment. follows: The City Manager submitted information on the County wide road impact fees, as CITY/COUNTY MEETING CONCERNING IMPACT FEES PURPOSE - Determine feasibility of binding settlement that is acceptable to all entities. HISTORY - County wide road impact fees were adopted March 24, 1987, to pay for improvements to arterial and collector roads that will exceed level of service D within the 20 Year projection period. Four ci~ies (Altamonte Springs, Oviedo, Longwood, Lake Mary executed interloca! agreements to assist collection within the city. Three cities (Sanford, Casselberry, Winter Springs) adopted moratoriums prohibiting the collection of impact fees within . their jurisdiction. Assessments through March 1988 Casselberry 30,000 Winter Springs 141,000 Altamonte Spgs 170,000 Sanford 233,000 Longwood 152,000 Lake Mary 110,000 Oviedo 254,000 County 1,750,000 COURT RULING - The court has held that the impact fees are valid, the County has the authority to levy county wide road impact fees and a city has the ability to "opt out" via an ordinance. ISSUES - The objective is to have an impact fee that Will be used to improve the county wide major road network and be fair and equitable to those paying the fee. If any city or area of the county is allowed to, "opt out", the fees will not be fairly distributed among all future users of the system thus the system would be in serious jeopardy of future litigation. The following are several options the county must consider concerning the impact fee court ruling. DO NOTHING/NOT APPEAL THE RULING - This would result in situation where any city could withdraw from the system at a later date. The concern is that a city could immediately withdraw after improvements within that city were completed thus creating a shortage of funds to finish all projects. REPEAL EXISTING ORDINANCE AND CHANCE APPROACH - This basically would result in a standards-driven unincorporated fee with improvements to only local unincorporated roads and/or unincorporated segments of the major road network. T. his does not solve problem of lack of funds to improve county wide road network. This will also create major problems for future development due to the concurrency requirements of the growth management act. REACH SETTLEMENT WITH ALL CITIES AND RETAIN IMPROVEMENTS-DRIVEN SYSTEM - This is feasible only if a mechanism is found to bind all participants to a settlement that is acceptable to all entities for the duration of the improvements program. APPEAL COURT RULING - The issue is whether a city can legislate on a matter over which it has no jurisdiction, i.e., the DOT-designated county wide Road system. Although additional delay and legal expense would be involved, a 19 88 232 MINUTES City Commission, Sanford, Florida April 18, 19 88 declaration rights A companion case in appealed. by the court on this city-countY relationship would benefit both sides. Volusia on the same issue held for the county and the cities have WHAT IS AT RISK - the following is a list of projected revenues from within each city and projected expenditures within or adjacent to a city. This information is based on the latest socio-economic data that has been reviewed and accepted by the municipal technical advisory committee. CITY REVENUE EXPENDITURE Longwood Lake Mary Sanford Oviedo Casselberry Winter Springs Altamonte Springs County TOTAL 4 million 11 million 11 million 4 mil!ion 8 million 7 million 12 million 8 million 17 million 25 million 6 million 14 million 14 million 17 million 67 million Impact fees 109 million 86 million local option gas tax 210 million 210 million The City Attorney reported that he expected the Circuit Judge to sign, in the near future, the final order on his ruling in which the City Transportatiun Impact Fee Ordinance was found to prevail over a County Ordinance. Letter submitted from the City Attorney as follows: C-34,740 Mr. Frank A. Faison, City Manager City of Sanford P.O. Box 1778 Sanford, FL 32772-1778 Re: Minimum Housing Code Board Dear Frank, I have reviewed a recent memorandum concerning the Minimum Housing Code Board and the fact that it has little =o do. The function of the minimum Housing Code Board could be assumed by the City Commission or assigned by the Commission to another board or agency of the City. This would have to be done by an appropriate Ordinance amending the City Code once the Commission decides on how it wishes to proceed. If. I may be of further assistance, please call. Sincerely, STENSTROM, McINTOSH, JULIAN, COLBERT, WHIGHAM & SIMMONS, P.A. William L. Colbert 1988 agenda. The Commission authorized said assumption of Board be placed on the April 25, The City Engineer submitted a memo dated February 10, 1988 as follows: MINUTES City Commission, Sanford, Florida 233 19 88 MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Director of Engineering and Planning Alternatives for Seminole Centre Signage February 10, 1988 Mr. Faison: City Planner, Building Official, Zoning Inspector and myself have reviewed the Sign Ordinance with respect to a request for additional signage or modification of signage at Seminole Centre. A number of considerations and alternatives were discussed, with alternatives summarized in the attached memorandum from Zoning and Arbor Inspector. It appears that the recent interpretation of our Mobile Sign Ordinance may have triggered a movement for additional signage since it caused a reduction in the availability of mobile sign space. Our complete Sign Ordinance will be reviewed, and possibly restructured, as a part of the on-going development regulation review. I recommend that we not move toward allowing additional signage within the City and that any specific accommodation permitted in this particular case be carefully considered for potential application elsewhere. Therefore, recommend Alternative No. 1 - Modification of the existing 600 square foot sign to provide a section for movable copy. I would point out that I can think of no example where large shopping centers, such as Altamonte Mall, allow small individual shops to each have their own exterior sign. A possible interim action, pending the review and revision of the complete Sign Ordinance, could be the restoration of the previous Mobile Sign Ordinance interpretation. The Commission declined to make any changes at this time to the sign ordinance. The City Manager reported that staff had reviewed the report, Rules and Regulations as adopted by the Sanford Airport Authority and noted that this was the airport operating manual and the City is taking this under advisement. Mayor Smith reported that the Commission Clean-up Day will be April 30 at 9:00 a.m. at the entrance to Hidden Lake across from the Tenneco Station off Lake Mary Boulevard. The City Engineer reported that the City had received authority from the Deparumenu of Environmental Regulation to advertise for bids for improvements to the treatment plant and wastewater facility, and these changes will be adapted into the 201 Plan. Mayor Smith requested all citizens to join in the Pledge of Allegiance on June 14th, Flag Day at 7:00 o'clock p.m. There being no further business the meeting was adjourned. ATTEST: