3782 ORDI.^.CE NO.
AN ORDINANCE OF THE CITY OF SANFORD
REESTABLISHING A TEMPORARY MORATORIUM ON THE
.R_E_V!EW 'AND EXTENDING CONSIDERATION OF
APPLICATIONS FOR APPROVAL OF MULTIFAMILY
RESIDENTIAL DWELLING UNITS AND TO REQUIRE THE
SANFORD PLANNING AND ZONING COMMISSION TO
INITIATE A REVIEW OF THE COMPREHENSIVE PLAN AND
LAND DEVELOPMENT REGULATIONS REGARDING SUCH
USE AND TO REPORT TO THE CITY COMMISSION
REGARDING ITS RECOMMENDATIONS; PROVIDING FOR
PURPOSE AND I,N. TENT; PROVIDING FOR GEOGRAPHIC
AREA COVERED, PROVIDING FOR COVERED REVIEWS
AND EXEMPTED REVIEWS; PROVIDING FOR THE
DURATION OF MORATORIUM; PROVIDING FO~
POSSIBLE EXTENSION; PROVIDING FOR SEVERABILITY,
PROVIDING FOR CONFLICTS; PROVIDING FOR NON-
CODIFICATION AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the location and number of multi-family residential dwelling units have
a significant economic and social impact upon the residents of the City of Sanford; and
WHEREAS, the character and development pattern of the City of Sanford has been
significantly altered by the approval of 5,359 rental apartment units from 1999 to the
present; and
WHEREAS, existing approved multi-family residential units will meet the demand
for housing in the City of Sanford past the year 2025; and
WHEREAS, there are ninety-seven (97) vacant acres within the City which are
assigned a land use designated and zoning classification allowing the property to be used
for multi-family residential development; and
WHEREAS, the City of Sanford is in the process of preparing extensive
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Ordinance No. "~
amendments to the Land Development Regulations of the City that will create consistency
between the stated goals and objectives of the City's Comprehensive Plan, the City's
vision of its future as set forth in the City's Strategic Plan and the City's Land Development
Regulations; and
WHEREAS, the further approval of multi-family residential developments within the
City of Sanford under current ordinances would allow growth incompatible with the City's
present efforts to protect and improve the unique character of the City and to maintain
compatibility between and harmony of land uses; and
WHEREAS, the City Commission, consistent with the provisions of Section 1 (f) of
Ordinance Number 3722, has determined to extend the temporary moratorium; and
WHEREAS, future growth and land development issues and proper planning and
zoning therefore are vital to the health, safety, and welfare of the residents of the City of
Sanford; and
WHEREAS, the City Commission, based upon the foregoing and the contents of the
June 19, 2002, memorandum to the City Commission from the City Manager finds that
adopting a temporary moratorium upon multi-family residential development will create a
more stable environment during the moratorium period so that the City can prevent
unsound development and inadequate growth management while revisions to the
Comprehensive Plan and/or Land Development Regulations can be developed,
formulated, considered and adopted in an orderly and thorough manner with the
appreciation of normal and generally accepted land use and planning principles; and
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Ordinance No, ~
WHEREAS, the City Commission enacted Ordinance Number 3722 on July 22,
2002, which Ordinance provided for temporary moratorium as set forth herein, but said
moratorium expired; and
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1: Temporary Moratorium Upon Multi-Family Residential
Development Applications
(a)
(b)
(c)
Purpose and Intent. Imposition of Temporary Moratorium. The
above recitals are hereby adopted as legislative findings. All activity
relating to the acceptance, review and action upon multifamily
residential development applications are being temporarily
suspended in order for the City to have the time and opportunity to
analyze the adequacy of Iocational criteria, standards, land use
compatibility requirements and approval procedures related to multi-
family residential development. Accordingly, based upon the
foregoing, there is hereby imposed a temporary moratorium on all
land use approvals, not exempted herein, relating to multi-family
residential development applications. During the time that this
moratorium is in effect, no applications for development approval for
multi-family residential development will be accepted.
Geographic Area Covered. All applications for multi-family
development within the City shall be subject to the provisions of this
Ordinance except those applications for development within the
Waterfront Downtown Business District (WDBD) as designated on the
Future Land Use Map of the City of Sanford Comprehensive Plan and
except for those exempted pursuant to the provisions of the
Ordinance.
Review Covered. This provisions of this Ordinance cover the
following land use issues:
(1) Applications for as-of-right and conditional use
development approval.
(2) Applications for planned developments which include a
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Ordinance No. '~/~'¢¢-
multi-familY residential element.
(3) Applications to amend the Comprehensive Plan by
amending the Future Land Use Map to a designation
that allows multi-family development.
(4) Applications to rezone properties to a multi-family
zoning district.
(d) Review Exempted. The following types of applications are exempted
from the provisions of this Ordinance:
(1) Replacements of existing multi-family residential
dwelling unit at the same density.
(2) Duplexes.
(3) All multi-family development or the subdivision of land
for which a development order was granted prior to the
effective date of the moratorium.
(4) Residential Urban Infill projects, as described in Policy
1-3.3.5 of the City of Sanford Comprehensive Plan
provided that the project contains twenty (20) or less
multi-family residential units.
(5) Multi-family developments, including, but not limited to
condominiums, town homes, and cooperative
apartments (co-ops), in which the units will be
individually owned.
(e) Duration of Moratorium. The temporary moratorium set forth in this
Ordinance shall take effect immediately upon the effective date of this
Ordinance and shall terminate one hundred and eighty (180) days
after the said effective date. No applications subject to the
moratorium will be accepted by the City until the moratorium has
expired.
The temporary moratorium set forth in this Ordinance shall expire
prior to the termination date set forth herein if the City Commission
adopts Comprehensive Plan amendments and/or Land Development
Regulations that protect the health, safety, and welfare of the
residents of Sanford and are compatlb e w th the C'ty s present efforts
to protect and improve its unique character and the Ordinance in
enacting said Comprehensive Plan amendments and/or Land
Development Regulations so provides.
SECTION 2. Se~verabili__t.t~. If any section or portion of a section of this Ordinance
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Ordinance No.
proves to be invalid, unlawful or unconstitutional if shall not be held to impair the validity,
force or effect of any other section or part of a section of this Ordinance.
SECTION 3. Conflicts. All ordinance or parts of ordinances in conflict herewith
be and the same are hereby repealed.
SECTION 4. 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 the Land Development Code shall be revised to accommodate such inclusion.
SECTION 5. Effective Date. That this Ordinance shall become effective
immediately upon its passage and adoption.
PASSED and ADOPTED this,.~'~ day of~"~003.
ATTEST:
CLERK
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Ordinance No.
CERTIFICATION
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 I~o.~.~°~ ~SSED ,and ADOPTED
by the City Commiss on of the City of Sanford, Florida~"Crff'the~da,y °f .,~-L-.-.-.-.-.-.-~,?~3,
was p~?~sted at the front door of the City Hall in the City of Sanford, Florioa, on the
of ~7/'z I~C~ , 2003.
As~he City Clerk of the Cit~ of
Sanford, Florida
h\Lng\Cities~2003\Sanford\Ordinances\Proposed Moratorium.wpd
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Ordinance No. ¢~::~'~¢.-