Sanford commission weighs reopening 2023 downtown parking vesting period after low response to city outreach

The Sanford City Commission on June 9 revisited downtown parking regulations adopted in 2023 and asked staff to draft rules for reopening a now-expired vested-rights window that had allowed some businesses to “vest” informal outdoor seating established during COVID.

City planning staff and commissioners said the 2023 change (Schedule H) created a downtown parking matrix and a short-lived vesting process that required businesses to show evidence of outdoor seating within a six-month window. Eileen, a planning staff member, told the commission that staff mailed 21 letters to businesses they believed had informal outdoor seating, published notices, attended business-group meetings and held multiple hearings; five vested-rights orders were issued for locations on Myrtle Avenue, Palmetto Avenue and Sanford Avenue (locations recorded as 201, 208 and 440 in staff paperwork).

Commissioners said the low response rate — five returns from the roughly 21 addresses staff identified and perhaps many more downtown businesses — suggests the city’s outreach missed some owners or that ownership changes since 2023 left new owners unaware of the deadline. Commissioner Britton and others urged staff to bring back concrete options for reopening the vesting period, including standards for proving prior seating and guardrails to prevent gaming the system.

The adopted Schedule H sets downtown ratios and a process for new construction and changes of use: for example, one parking space per one-bedroom residential unit, 0.5 additional spaces per extra bedroom, one space per five restaurant seats, and specified rules for hotels and assembly areas. Staff noted sidewalk cafes in the public right-of-way were not eligible to vest because they are not on private property and must keep separate licensing. The vested-rights program required applicants to submit a simple form or site plan and pay an application fee; if approved, the documented seats were recorded so future building additions would not require parking for those already-documented seats.

Commission discussion focused on three questions: how to prove a business had outdoor seating at the 2023 cutoff, whether reopening the vesting window would incentivize others to add seats and then claim prior use, and how any reopening would affect projects currently being reviewed that staff have told are required to provide parking. Commissioner Thomas asked staff to include specific reopening criteria and safeguards in any proposal. At the meeting’s close, staff member Seth was directed to draft rule options and present them to the commission for further consideration.

The commission did not adopt a policy change at the work session; commissioners emphasized the need for clearer rules and better outreach before making retroactive adjustments.

Looking ahead, commissioners said they want any proposal to address proof standards (photos, dated receipts, licensing records, or contemporaneous site plans), limits on retroactive claims, and a clear timeline for notice. Several commissioners suggested partnering with Sanford Main Street and direct door-knock outreach in addition to formal legal notices. Staff also flagged the outstanding city option to adopt a downtown “fee in lieu” of parking for future developments but said that proposal requires its own public process.