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3879ORDINANCE NO. 3879 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE NO. 3528 (CITY OF SANFORD COMPREHENSIVE PLAN) AS PREVIOUSLY AMENDED; PROVIDING FOR AMENDMENT OF THE FUTURE LAND USE ELEMENT AND THE FUTURE LAND USE MAP OF THE FUTURE LAND USE PLAN ELEMENT OF THE CITY OF SANFORD COMPREHENSIVE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR RATIFICATION OF PRIOR ACTS OF THE CITY COMMISSION; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION AND DIRECTIONS TO THE CODE CODIFIER AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sanford's Planning and Zoning Commission, as the City's local planning agency, held a public hearing on June 17, 2004, to consider amending the Future Land Use Element and the Future Land Use Map Of The Future Land Use Plan Element of the City of Sanford Comprehensive Plan; and WHEREAS, the City Commission, as the City's governing body, held a public hearing on November 22, 2004, to consider the same amendments to the City of Sanford Comprehensive Plan; and WHEREAS, the City of Sanford has complied with all requirements and procedures of Florida law in processing its second annual amendment in 2004 to the City of Sanford Comprehensive Plan. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1. AMENDMENT TO FUTURE LAND USE MAP. That portion of the Future Land Use Plan Element referenced as the Future Land Use Map is hereby amended by changing the land use designation assigned to certain lands. A copy of the changes to the Future Land Use Map and respective land use designation for such lands is attached hereto as Exhibit "A" and by this reference incorporated herein and hereby made a part of the City of Sanford Comprehensive Plan. SECTION 2. AMENDMENT TO GOALS~ OBJECTIVES AND POLICIES OF VARIOUS COMPREHENSIVE PLAN ELEMENTS AND TEXT. Those portions of the City of Sanford Comprehensive P/an attached hereto as Exhibit "B" and included herein, which depicts revisions to the Goals, Objectives and Policies or text or exhibits of the Future Land Use Element of the City of Sanford Comprehensive P/an are hereby made a part of the City of Sanford Comprehensive Plan. SECTION 3. 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 validity, force or effect of any other action or part of this Ordinance. SECTION 4. CONFLICTS/RATIFICATION OF PRIOR ACTIONS All ordinances or parts of ordinances in conflict herewith are hereby repealed. The prior actions of the City Commission and its agencies in enacting and amending the City of Sanford Comprehensive Plan are hereby ratified and affirmed. SECTION 5, 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 set forth in the exhibits to 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; and that the Sections of the Exhibits to this Ordinance may be renumbered or re-entered or otherwise formatted to accomplish such intention. The actual text of the Sections to this Ordinance need not be codified. The Code codifier of the City is given broad and liberal authority to appropriately codify the provisions of the City of Sanford Comprehensive Plan in a format that can be readily published and distributed in an useable and manageable format. The City Manager, in conjunction with the City Clerk and the City Attorney, are hereby granted the authority to take any and all necessary and appropriate actions to accomplish the provisions of this Section. SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective immediately when the State Land Planning Agency issues a final order determining the adopted amendment to be in compliance in accordance with Section 163.3184(9), Flodda Statutes, or when the Administration Commission issues a final order determining the adopted amendment to be in compliance in accordance with Section 163.3184(10), Florida Statutes, whichever occurs first. PASSED and ADOPTED this 22"d day of November, 2004. City Commission of the City of Sanford, Florida MAY~)R~~S"~RD Attest: DOUGHER'TY, Cl'rv( CLERK CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Flodda, do hereby certify that a true and correct copy of the foregoing Ordinance No. 3879, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 22nd day of November, 2004, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 23rd day of November, 2004. J~[~IET R. DOUGHERTY, ~ CLERK,/ ~ ~, as EXHIBIT "A" EXHIBIT "B" Policy 1-2.4.5: Coordination with the FAA. For structure heights that require approval fi.om the Federal Aviation Administration, the City shall issue no development or construction permit until authorization has been received l~om the FAA. Policl, 1-2.4.6: Coordination through Development Review. The City Department of Engineering and Planning shall coordinate with Airport staff regarding development applications, zoning changes, and land use amendment petitions proposed for property adjacent to or near the airport. PolicF 1-2.4. 7: Protection from Noise Exposure. Future expansion of the airport property and runways shall be focused to the east and south to minimize airport noise and development impacts to urban residential areas to the north and west. The Airport Authority shall continue to monitor noise impacts generated by airport operations and enforce compliance. Lands annexed near or adjacent to the airport shall be assigned land use designations compatible with the Airport Master Plan and in a manner consistent with the joint planning agreement established with Seminole County. The City shall ensure that land uses surrounding the airport are compatible with noise levels generated by the airport use through the following measures: All land east of Ohio Avenue and north of Pine Avenue shall be developed based on the part 150 Noise Exposure Maps and Compatibility Plan prepared in 2001 for the Orlando Sanford Airport by Environmental Science Associates (ESA), as approved by the FAA and any revisions to the noise exposure maps that may occur as the result of airport development. The standard for the acceptable level of aircraft noise for persons living in the vicinity of the Akport is hereby established to be the 65_ DNL. The following uses are compatible with the Airport: · Industrial Parks; · Business Parks; · Commercial Developments; · Attendant retail; · Service and Hotel Uses; · Medium and high-density rental residential Developments; · Agricultural uses; · Public Uses; · Residential uses outside 65 DNL only with an avigation easement and development order restrictions. Multifamily developments shall be designed with noise reducing features such as acoustical insulation or other sotmdproofing. 5. An avigation easement shall be required and included in the recorded deed of any property prior to the construction of a single family dwelling unit or a multifamily dwelling unit. PolicF 1-2.4.8: Monitoring and Evaluation of Airport Layout Plan and Goals of Airport Master Plan. Thc Airport Layout Plan and the goals of the Airport Master Plan shall be reviewed on an annual basis in order to ensure that the development is proceeding according to the Plan and that goals are being achieved. Review shall also establish that public facilities are in place to accommodate expected development. The annual review shall be the responsibility of the Administrative Official. The Sanford Aviation Authority and the local planning agency shall consider £mdings and recommendations of the Administrative Official. Monitoring and evaluation procedures shall incorporate the following: · Consistency review: determination of whether development is proceeding according to the Airport Layout Plan and goals of the Airport Master Plan; · Determination that public facilities can accommodate pmpesed airport development for next period; · Accomplishments: Review of annual progress towards fulfillment of Airport Layout Plan and goals of Airport Master Plan; · Unanticipated Problems and Opportunities: The report shall describe the nature and extent of unanticipated and unforeseen problems and opportunities occurring during the past year; Recommend Amendments: The report shall contain recommendations concerning new or modified goals and objectives and substantial modifications to the FAA approved Airport Master Plan and resultant Comprehensive Plan amendments that are necessary during the coming year. PolicF 1-2.4.9: t~rport Industry and Commerce Land Use Designation (AIC). The "Airport Industry and Commerce" (AIC) land use designation is a high-intensity mixed use policy for managing lands comprising the Orlando Sanford Airport and adjacent lands capable of supporting a variety of residential rental properties and commercial and industrial uses.