4581 Amend Comp Plan - New Policy for Parking & Development Design CriteriaOrdinance No. 4581
An Ordinance of the City of Sanford, Florida amending
the City of Sanford Comprehensive Plan, as previously
amended; providing for a text amendment pertaining to
Policy FLU 1.11.2 and enacting a new policy relative to
parking and development design criteria matters;
providing for severability; providing for ratification of
prior acts of the City; providing for conflicts;
codification and directions to the Code codifier and
providing for the implementation of the statutory State
review process and an effective date.
Whereas, the City of Sanford has enacted its Comprehensive Plan in
accordance with the controlling provisions of State law which Comprehensive Plan has
guided the City for many years; and
Whereas, the City of Sanford is committed to an ongoing and vibrant
comprehensive planning program which addresses the needs of the citizens of the City;
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Whereas, the provisions of Section 163.3184, Florida Statutes, relate to the
process for the enactment of Comprehensive Plan amendments; and
Whereas, the City has determined that the enactment of Comprehensive Plan
amendments pertaining to parking and development design criteria matters is desirable
and will benefit the City and its citizens; and
Whereas, the City's Planning and Zoning Commission recommended
approval of this Ordinance at its meeting of January 7, 2021; and
Whereas, the pertinent goals, objectives and policies of the Comprehensive
Plan support the approval of the amendment set forth in this Ordinance; and
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Whereas, the City of Sanford has complied with all requirements and
procedures of Florida law in processing this amendment to the City of Sanford
Comprehensive Plan including, but not limited to, Section 163.3184, Florida Statutes,
as well as other controlling law; and
Whereas, the City Commission of the City of Sanford has the power and
authority to enact this Ordinance under the controlling provisions of State law such as,
by way of example only, the provisions of Article Vill, Section 2 of the Constitution of
the State of Florida and the provisions of Chapter 163 and Chapter 166, Florida
Statutes, and the controlling case law of the State of Florida; and
Whereas, the City Commission of the City of Sanford is enacting this
Ordinance in order to protect the public health, safety and welfare; and
Whereas, underlined words in this Ordinance shall constitute additions to the
current text of the City Code, *** shall constitute ellipses (spaces where current City
Code provisions are omitted for the sake of the ease of reference), and stpike thmug#&
shall constitute deletions to current text of the City Code.
Now, therefore, be in enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings and intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the recitals (whereas clauses) to this Ordinance as well
as City staff report and City Commission agenda memorandum relating to this
Ordinance as the legislative findings of the City Commission.
(b). This Ordinance is internally consistent with the goals, objectives and
policies of the Comprehensive Plan of the City of Sanford.
(c). City staff has concluded that the analyses relating to the amendment to
the Comprehensive Plan as set forth in this Ordinance are well founded and consistent
with sound and generally accepted practices and principles.
Section 2. New Policy, Parking. A new Policy of the Future Land Use
Element of the Comprehensive Plan of the City of Sanford is created to read as follows.
The City shall enact land development regulations which permit, where off-street
parking cannot be reasonably accommodated on-site as determined by the City:
(a). Shared parking agreements.
(b), Contributions to a special parking fund or funds which is or are
established for purposes of purchasing land and contributing strategically located
parkinq facilities and pedestrian walkways linking major retail activity centers, residential
areas, and social, civic, recreational, or cultural attractions within the downtown area.
(c). Through participation in special districts or special benefits districts
created by the City with appropriate fiscal requirements and safeguards in accordance
with controlling law.
Section 3. Amendment to of Policy 1.11.2, Apply Performance Criteria.
Policy 1. 11.2 of the Future Land Use Element of the Comprehensive Plan of the City of
Sanford is amended as follows.
Policy FLU 1.11.2: Apply Performance Criteria. All new development shall
comply with the following criteria, all of which shall be implemented through mandatory
site plan review of new development:
a. Historic District Compatibility.* The design of future development and
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redevelopment within the vicinity of the historic district shall be compatible with the
design of buildings of historic significance which are located within the historic area and
its environs. Site plan review shall incorporate criteria to ensure that the design of new
structures, including building materials, roof lines, fenestration and setbacks, are
compatible with buildings of historic significance.
b. Parking Provisions: New development within the WDBD shall be served by
adequate parking resources. New development shall provide off-street parking sufficient
to serve each proposed new development either on site or through the provision of a
shared parking agreement or shall otherwise comply with the provisions of this
Comprehensive Plan and implementing land development regulations. IR the hist
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c. Urban Design Amenities: Proposed new development shall provide a higher
level of urban design amenities including landscaping, compatible signage, and
pedestrian linkages together with a broader mix of land uses attractive to potential
users of the downtown area.
d. Site Plan Review Process: The site plan review process shall include
management procedures necessary to implement the WDBD development criteria,
objectives and policies cited in this the Comprehensive Plan. Where appropriate, the
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site plan review process shall ensure the preservation and enhancement of the
"original" traditional neighborhood by implementing the recommendations of the historic
surveys of the downtown area and the historic residential area along the Park Avenue
Corridor.
e. Reinforce/Regenerate Historic Buildings: Encourage development and
redevelopment of projects that reinforce and regenerate the historic significance of
buildings and corridors within the historic area and its environs.
f. Strategic Parking Resources: Promote development of adequate parking
resources in strategic areas of the WDBD and pedestrian walkways linking major retail
activity centers, as well as social, civic, recreational, or cultural attractions within the
downtown and waterfront area.
g. Mix of Land Uses: Achieve a higher level of urban design amenities together
with a broader mix of land uses attractive to potential users of the downtown and
waterfront area.
h. Regulatory Concepts: Provide a planning and management framework that
incorporates regulatory concepts necessary to implement redevelopment planning
objectives together with the recommendations of the historic surveys of the downtown
area and the historic residential area along the Park Avenue Corridor.
Section 4. Implementing Administrative Actions.
The City Manager, or designee, is hereby authorized to implement the provisions
of this Ordinance as deemed appropriate and warranted.
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Section 5. Ratification Of Prior Actions.
The prior actions of the City Commission and its agencies in enacting and
causing amendments to the Comprehensive Plan of the City of Sanford, as well as the
implementation thereof, are hereby ratified and affirmed.
Section 6. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance proves to be
invalid, unlawful or unconstitutional, it shall not be held to impair the validitrdinorce or
effect of any other action or part of this Ordinance.
Section T. Conflicts.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 8. Codification/instructions to Code Codifier.
It is the intention of the City Commission of the City of Sanford, Florida, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part
of the codified version of the City of Sanford Comprehensive Plan and/or the Code of
Ordinances of the City of Sanford, Florida in terms of amending the Future Land Use
Element.
Section 9. Effective Date.
The Comprehensive Plan amendment set forth herein shall not become
effective, in accordance with Section 163.3184(3), Florida Statutes, until 31 days after
the State land planning agency (Florida Department of Economic Opportunity) notifies
the City that the Comprehensive Plan amendment package is complete. If timely
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said State land planning agency or the Administration Commission enters a final order
determining the adopted amendment to be in compliance.
Passed and adopted this 22nd day of March, 2021.
City Commission of the City of
Sanford, Florida A
Attest:
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Appr9ed as to form and legaNty:
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ity Attorney
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NFORD
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CITY COMMISSION MEMORANDUM 21.075
MARCH 22, 2021 AGENDA
To: Planning and Zoning Commission
PREPARED BY: Sabreena Colbert — Senior Planner
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: First Comprehensive Plan Amendment -
STRATEGIC PRIORITIES:
F1 Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
Z Update Regulatory Framework
R Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
WS RM
Item No. ,,I. )s
The first Coinprehenshle Plan amendment for 2021 has been prepared to create a new policy within
the Future Land Use Element of the Comprehensive Plan of the City of Sanford in order to allow
the enactment of land development regulations, which permit alternative means of meeting
requirements, where off-street parking cannot be reasonably accommodated on-site as determined
by the City.
FiSCAL/STAFFING STATEMENT:
No additional staffing is anticipated if the Comprehensive Plan text amendment is approved.
Additional requirements of developers to meet parking requirements will be provided. The City
will have certain financial burdens to account for and administer solutions to parking requirements.
BACKGROUND:
The first Comprehensive Plan amendment for 2021 consists of proposed text amendments to
update parking policies in the Future Land Use Element of the Comprehensive Plan of the City of
Sanford.
The demand for parking is high and impacts upon the City will continue to increase with new
development and redevelopment projects — particularly in the downtown area of the City.
Developers are required to adhere to certain parking standards, but as infill development and
redevelopment occurs, the challenges to provide adequate parking while implementing an
economically feasible plan of development are heightened. Creativity and flexibility provide for
options to address needed parking with particular regard to areas such as the City's downtown,
which is impacted by a historic pattern of development, which constrains the ability to provide
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parking spaces in a normative matter such as would occur, for example, in a typical strip mall
shopping center or apartment complex type of scenario.
The existing Comprehensive Plan policy was written to incentivize development and needs to be
updated to shift more of the burden to developers. Policy 1.11.2, Apply Performance Criteria of
the Future Land Use Element of the Comprehensive Plan is being amended to expand the ability
to implement creative parking provisions in the City's Land Development Regulations beyond the
historic districts of the City.
In addition, a new Policy is being created which will read as follows:
The City shall enact land development regulations, which permit, where off-street parking
cannot be reasonably accommodated on-site as determined by the City:
(a). Shared parking agreements.
(b). Contributions to a special parking fund or funds which is or are established for
purposes of purchasing land and contributing strategically located parking facilities
and pedestrian walkways linking major retail activity centers, residential areas, and
social, civic, recreational, or cultural attractions within the downtown area.
(c). Through participation in special districts or special benefits districts created by the
City with appropriate fiscal requirements and safeguards in accordance with
controlling law.
On January 7, 2021, the Planning and Zoning Commission recommended that the City
Commission transmit the proposed text amendment to the Department of Economic Opportunity
(DEO) and relevant agencies for Expedited State Review.
The City Commission held a public hearing on January 11, 2021 for transmittal of the proposed
text amendment to the Department of Economic Opportunity and relevant agencies.
The Department of Economic Opportunity (DEO) and relevant agencies reviewed the proposed
comprehensive plan text amendment under the expedited state review process. There were no
comments on the proposed text amendment.
LEGAL RF_viF_w:
The Assistant City Attorney has reviewed this item and drafted the proposed Ordinance.
It is noted that financial requirements imposed upon developers will be subject to the following
statutory provision (please note emphasized text):
70.45 Governmental exactions.—
(1) As used in this section, the term:
(a) "Damages" means, in addition to the right to injunctive relief, the
reduction in fair market value of the real property or the amount of the fee or
infrastructure cost that exceeds what would be permitted under this section.
(b) "Governmental entity" has the same meaning as provided in s.
70.001(3)(c).
(c) "Prohibited exaction" means any condition imposed by a
governmental entity on a Property owner's proposed use of real Property
that lacks an essential nexus to a legitimate public purpose and is not
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roughly proportionate to the impacts of the proposed use that the
governmental entity seeks to avoid, minimize, or mitigate.
(d) "Property owner" has the same meaning as provided in s. 70.001(3)(f).
(e) "Real property" has the same meaning as provided in s. 70.001(3)(g).
(2) In addition to other remedies available in law or equity, a property
owner may bring an action in a court of competent jurisdiction under
,this section to recover damages caused by a prohibited exaction. Such
action may not be brought until a prohibited exaction is actually imposed or
required in writing as a final condition of approval for the requested use of
real property. The right to bring an action under this section may not be
waived. This section does not apply to impact fees adopted under s.
163.31801 or non -ad valorem assessments as defined in s. 197.3632.
(3) At least 90 days before filing an action under this section, but no later
than 180 days after imposition of the prohibited exaction, the property owner
shall provide to the relevant governmental entity written notice of the
proposed action. This written notice shall identify the exaction that the
property owner believes is prohibited, briefly explain why the property owner
believes the exaction is prohibited, and provide an estimate of the damages.
Upon receipt of the written notice:
(a) The governmental entity shall review the notice of claim and respond in
writing to the property owner by identifying the basis for the exaction and
explaining why the governmental entity maintains that the exaction is
proportionate to the harm created by the proposed use of real property, or by
proposing to remove all or a portion of the exaction.
(b) The written response may not be used against the governmental entity
in subsequent litigation other than for purposes of assessing attorney fees and
costs under subsection (5).
(4) For each claim filed under this section, the governmental entity has
the burden of proving that the exaction has an essential nexus to a
legitimate public purpose and is roughly proportionate to the impacts ;f
the proposed use that the governmental entity is seeking to avoid,
minimize, or mitigate. The property owner has the burden of proving
damages that result from a prohibited exaction.
(5) The court may award attorney fees and costs to the prevailing party;
however, if the court determines that the exaction, which is the subject of
the claim, lacks an essential nexus to a legitimate public purpose, the
court shall award attorney fees and costs to the property owner.
(6) To ensure that courts may assess damages for claims filed under this
section in accordance with s. 13, Art. X of the State Constitution, the state,
for itself and its agencies or political subdivisions, waives sovereign
immunity for causes of action based upon the application of this section.
Such waiver is limited only to actions brought under this section.
(7) This section applies to any prohibited exaction imposed or required in
writing on or after October 1, 2015, as a final condition of approval for the
requested use of real property.
The City Commission approved Ordinance No. 4581 on the first reading on January 11, 2021.
On January 25, 2021, the City Commission moved to continue the 2"d reading of Ordinance No.
4581.
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The City Clerk published notice of the 2"a public hearing in the Sanford Herald on March 17, 2021.
RECOMMENDATION:
Staff recommends the City Commission adopt Ordinance No. 4581 the first Comprehensive Plan
Text Amendment — 2021.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4581."
Attachments: (0. First Comprehensive Plan amendment of 2021.
Chapter 1: Future Land Use Element, Policy 1.11.2, Apply Perfon-nance Criteria (I page).
(2). Ordinance No. 4581
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