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: