§ 98-4. Comprehensive plan amendments.

(a)

Small scale comprehensive plan amendments.

(1)

A small scale comprehensive plan amendment may be adopted only under the following conditions:

a.

The proposed amendment involves a use of ten acres or less.

b.

The cumulative effect of the acreage for all small scale amendments adopted by the city does not exceed 60 total acres annually.

c.

The proposed amendment does not involve the same property more than once a year.

d.

The proposed amendment does not involve the same owner's property within 200 feet of the same owners property granted a change within the immediately proceeding 12 months.

e.

The proposed amendment does not involve a text change to the goals, objectives, and policies of the comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity.

f.

The proposed amendment is not located within an area of critical state concern.

g.

If the proposed amendment involves a residential land use, the proposed residential land use has a density of ten units or less per acre.

h.

The proposed amendment must comply with all requirements of state law.

(2)

Applications.

a.

Applications shall be made on the appropriate forms provided by the city and shall be accompanied by the appropriate fee.

b.

Applications for FLUM amendments shall include a legal description of the property and survey of the property.

c.

Applications shall include a certified copy of a warranty deed.

d.

Applications may be made at any time during the calendar year.

e.

Applications shall be made four weeks in advance of the scheduled DRC meeting at which they shall first be considered.

(3)

Notification of public hearing. Notice of the public hearing shall be published in a newspaper of general circulation within the city at least ten days prior to adoption. The notice shall state the date, time, and place of the meeting; the title of proposed ordinance; and the place where such proposed ordinance may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.

The city shall send notice of the proposed action to the owners of all adjoining properties located within 300 feet of the subject property at least two weeks prior to the planning and zoning commission hearing on the proposed action. The city shall mail an additional notice, at the applicant's expense, to the owners of all adjacent properties located within 300 feet of the subject property if either:

a.

More than 60 days have passed between the planning and zoning commission hearing at which the proposed action was considered and the first meeting of the city council at which the proposed action was considered; or

b.

More than 90 days have passed between the first and second meetings of city council at which the proposed action is considered.

Such additional notice shall be sent by certified mail to those property owners owning property directly adjacent to the subject property.

The property owner/applicant shall conspicuously post the notice on the subject property so that the notice is visible from the right-of-way adjacent to the property. A minimum of one sign shall be posted facing each adjacent right-of-way to the subject property. Said notice shall be at least 18 inches × 24 inches in size and shall [be] elevated approximately six feet off of the ground as measured from the top of the sign to the ground. Such notices shall include the date, time and place of the public hearings before the planning and zoning commission and the city council along with a clear and concise description of the proposed action. Notice shall meet all state requirements if different from those outlined herein.

(4)

Procedure for public hearing. The following procedures may be supplemental to those required by state law:

a.

DRP review. The appropriate DRP reviewers shall review and make recommendations on the matter, and such recommendations of such reviewers shall be forwarded to the planning and zoning commission.

b.

Planning and zoning commission action. The planning and zoning commission shall consider recommendations of the DRP reviewers at a public hearing and make its own recommendations to the city council.

c.

City council action. The city council shall consider recommendations of the DRP reviewers and the planning and zoning commission before taking action. However, if the planning and zoning commission fails to take action within 30 days of the rezoning's first consideration by that body, then the city council may take action based upon deemed recommendation of approval from the commission.

(5)

Criteria for review of amendments. When considering an amendment to the comprehensive plan, the planning and zoning commission and the city council shall consider its consistency with the remainder of the plan and its goals, objectives, and policies and any other requirements of state law.

(b)

Large scale comprehensive plan amendments. Application to amend the comprehensive plan per the requirements of F.S. § 163.3184, as amended, which includes the future land use map (FLUM), may be initiated by any person, board or agency. A large scale comprehensive plan amendment shall include anything over ten acres, plus anything which is not considered a small scale amendment. The requirements of this section may be in addition to the requirements of applicable state law.

(1)

Applications shall be made on the appropriate forms provided by the city and shall be accompanied by the appropriate review fee.

(2)

Applications for FLUM amendments shall include a legal description of the property and survey of the property.

(3)

Applications shall include a certified copy of a warranty deed.

(4)

Applications for comprehensive plan amendments may be made at any time, but will only be considered twice per year. Complete applications received no later than 30 days in advance of the March planning and zoning commission meeting will be considered at that time, and applications received no later than 30 days in advance of the September planning and zoning commission meeting will be considered at that time. The city council shall consider the request at the first available meeting in compliance with F.S. §§ 163.3184 and 163.3187, as amended, and shall make the final decision for processing of the amendment.

(c)

Notification of public hearing. The local governing body shall hold two advertised public hearings on the proposed ordinance. The first public hearing shall be held at least seven days after the day that the first advertisement is published. The second hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing.

The required advertisements shall be no less than two columns wide by ten inches long in a standard-size or a tabloid-size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the city. The notice shall also include a geographic location map which clearly indicates the area covered by the proposed ordinance.

The city shall send notice of the proposed action to the owners of all adjoining properties located within 300 feet of the subject property at least two weeks prior to the planning and zoning commission hearing on the proposed action. The city shall mail an additional notice, at the applicant's expense, to the owners of all adjacent properties located within 300 feet of the subject property if either:

a.

More than 60 days have passed between the planning and zoning commission hearing at which the proposed action was considered and the first meeting of the city council at which the proposed action was considered; or

b.

More than 90 days have passed between the first and second meetings of city council at which the proposed action is considered.

Such additional notice shall be sent by certified mail to those property owners owning property directly adjacent to the subject property.

The property owner or applicant shall conspicuously post the notice on the subject property so that the notice is visible from the right-of-way adjacent to the property. A minimum of one sign shall be posted facing each adjacent right-of-way to the subject property. Said notice shall be at least 18 inches × 24 inches in size and shall be elevated approximately six feet off of the ground as measured from the top of the sign to the ground. Such notices shall include the date, time and place of the public hearings before the planning and zoning commission and the city council along with a clear and concise description of the proposed action. All requirements of state law shall be met even if additional to those herein.

(d)

Procedure for public hearing. The following procedures may be supplemental to those required by state law:

(1)

DRP review. The appropriate DRP reviewers shall review and make recommendations on the matter, and such recommendations of such reviewers shall be forwarded to the planning and zoning commission.

(2)

Planning and zoning commission action. The planning and zoning commission shall consider recommendations of the DRP reviewers at a public hearing and make its own recommendations to the city council.

(3)

City council action. The city council shall consider recommendations of the DRP reviewers and the planning and zoning commission before taking action. However, if the planning and zoning commission fails to take action within 30 days of the rezoning's first consideration by that body, then the city council may take action based upon deemed recommendation of approval from the commission.

(e)

Criteria for review of amendments. When considering an amendment to the comprehensive plan, the planning and zoning commission and the city council shall consider its consistency with the remainder of the plan and its goals, objectives, and policies as well as other requirements of state law.

(LDC 1997, ch. 4, § 1.06); Ord. No. 2002-09, §§ 3, 4, 6-11-2002; Ord. No. 2005-19, §§ 3, 4, 5-24-2005; Ord. No. 2006-33, §§ 3, 4, 11-4-2006; Ord. No. 2008-35, § 3, 11-7-2008)