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HomeMy WebLinkAboutO-89-23ORDINANCE NO. 0-89- 23 AN ORDINANCE OFT HE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE; CREATING PROCEDURES FOR COMPREHENSIVE PLAN AMENDMENTS; PROVIDING FOR APPLICATION PROCEDURE; PROVIDING FOR APPLICATION FOR AMENDMENT; PROVIDING FOR SEMIANNUAL SUBMITTAL DATES TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REVIEW PROCEDURES; AMENDING SECTION 2OA-11.7 REGARDING NOTICE REQUIREMENTS TO THE PUBLIC; PROVIDING INCLUSION IN THE LAND DEVELOPMENT CODE; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. The Land Development Code of the City of Sebastian is hereby amended by creating a new Section 20A-11.8. to read as follows: "Section 20A-11.8. PROCEDURES FOR AMENDING COMPREHENSIVE PLAN. A. Initiating Amendments of the Comprehensive Plan. Amendments to the Comprehensive Plan may be initiated by: 1. City Council. The city Council may initiate a Comprehensive Plan Amendment by approving a written statement expressing its intent to amend the Comprehensive Plan and shall submit such written statement and any relevant supporting material to the City Planning and Zoning Commission for review and action pursuant to Section 20A - 11.8(c) of this Chapter. 2. Planning and Zoning Commission. The City Planning and Zoning Commission may initiate a Comprehensive Plan Amendment. 3. Resident; Property Owner(s). An amendment to the Comprehensive Plan may be initiated by an application signed by a property owner, a resident of the City or the authorized agent of a resident or property owner. Such application shall be submitted to the office of the City Clerk, together with a fee as shall be determined by resolution of the City Council from time to time. As many lots or parcels of property as the applicant may desire can be included in any single application if they constitute one contiguous parcel. The application shall be submitted on an a form prescribed by the City Clerk. The application shall include, but not be limited to, the following: a. The applicable section(s) of the Comprehensive Plan sought to be amended. b. The proposed amendments sought to the Comprehensive Plan. c. The impact the proposed change has on other elements of the Comprehensive Plan and applicable ordinances of the City. d. If the application relates to an amendment to the land use element, said application shall, in addition to the foregoing, include: (i) Property description. The application shall describe by legal description and by street address, where possible, the property to be affected by the proposed change. (ii) Current and proposed Comprehensive Plan land use map designation. The current and proposed Comprehensive Plan land use map designation for the subject property shall be identified. (iii) Current and proposed zoning. The current and proposed zoning for the subject property shall be identified. (iv) Existing and proposed use. The existing and proposed use of the subject property shall be stated, if applicable. (v) Disclosure of ownership. The application shall include a verified statement showing each and every individual person having a legal and/or equitable ownership interest in the property upon which the application for Comprehensive Plan Amendment is sought, except publicly held corporations, in which case the names and addresses of the principal corporate officers shall be sufficient. No application under this section shall be reviewed by staff or any board, commission or the City Council until such application is fully completed and submitted with the appropriate fee. forward B. Administrative Review. Comprehensive Plan Amendment The City Clerk shall applications to all appropriate administrative staff for their review and comment. The application shall be reviewed for conformance with the requirements of this chaPter. C. Planning and Zoning Commission Review. The Planning and Zoning Commission, regardless of the source of the proposed Comprehensive Plan Amendment, shall hold a public hearing thereon, with due public notice. The Planning and Zoning Commission shall submit a written report and recommendation concerning the proposed Comprehensive Plan Amendment to the City Council for official action. In its deliberation the Planning and Zoning Commission shall consider the following criteria: 1. Consistency with other elements of plan. Whether the proposal is consistent with the other elements of the Any inconsistency shall be identified by comprehensive Plan. the Commission. 2. Conformance with ordinances. proposal is in conformance with any applicable requirements of the city of Sebastian Code of Whether the substantive Ordinances, particularly the Land Development Code, and/or whether the proposed amendment will require amendments to any ordinances of the City. 3. Changed conditions. Whether, and the extent to which, land use and development conditions have changed since the effective date of the existing regulations involved which are relevant to the proposed amendment. 4. Land use compatibility. Whether, and the extent to which, the proposal would result in any incompatible land uses, considering the type and location of uses involved. 5. Adequate public facilities. Whether, and the extent to which, the proposal would result in public facilities and services exceeding the capacity for such services and facilities existing or programmed, including transportation, utilities, drainage, recreation, education, emergency services and similar necessary facilities and services. 6. Natural environment. Whether, and the extent to which, the proposal would result in significantly adverse impacts on the natural environment. 7. Economic effects. Whether, and the extent to which, the proposal would adversely affect the property values in the area, the general health, safety and welfare and impact the financial resources of the City. 8. Orderly development. Whether the proposal would result in an orderly and local development pattern. Any negative effects on such patterns shall be identified. 9. Public interest enablin act. Whether the proposal would be in conflict with the public interest, and whether it is in harmony in the purpose and intent of this ordinance and its enabling legislation. 10. Other matters. Other matters which the Planning and Zoning Commission may deem appropriate. D. Action following review by City Planning and Zoning Commission. After review of the proposed Comprehensive Plan Amendment, and the devision relating thereto, the City Clerk shall place the proposed amendment, with comments from Planning and Zoning Commission, on the next available meeting agenda for City Council review and possible direction from City Council to the City Attorney for preparation of an ordinance. The applicant shall be advised of the time and place of the meeting. After the ordinance has been prepared by the City Attorney, the City Clerk shall schedule the first reading of the ordinance regarding the proposed Comprehensive Plan Amendment on the next regularly scheduled Council meeting. The first reading shall be a public hearing, at which time the City Council will consider approval of the ordinance and whether to submit the proposed amendment to the Department of Community Affairs, State of Florida ("DCA"), for review and comments. Notice of the first public hearing shall be as required by general or special law. The City Council shall consider, for purposes of transmittal, each amendment to the Comprehensive Plan to the Department of Community Affairs. An affirmative vote of three members of the City Council is required for favorable action on a proposed Comprehensive Plan Amendment. This deliberation of the City Council shall consider the criteria set forth in Section 20A-11.8(e), together with the findings and recommendations of the Planning and Zoning Commission. The application for the proposed amendment shall be deemed denied if the City Council denies transmittal to DCA. Likewise, if the City Council denies transmittal of a proposed Comprehensive Plan amendment, which includes concurrent rezoning requests, said rezoning request shall be deemed denied as well. At the conclusion of the transmittal public hearings, the City Council will announce its intention to hold a second public hearing on all proposed Comprehensive Plan amendments that have been approved for submittal to DCA. All proposed Comprehensive Plan amendments 6 that have been approved for submittal to DCA must be accompanied by ten copies of each proposed amendment at the time of transmittal. The transmittal letter shall contain a brief description of the action taken by the city through the date of the transmittal letter, and the contact person for the City regarding any inquiries concerning the proposed Comprehensive Plan amendment. Proposed Comprehensive Plan amendments shall be submitted only twice per calendar year, that is, January 31 and July 31. If the City Council does not approve the proposed Comprehensive Plan amendments for transmittal until after the January 31 or July 31 dates, they will be submitted in the next transmittal period. After return of the comments from DCA, the city shall, within sixty days of receipt of said comments, schedule the proposed Comprehensive Plan amendment for the second public hearing by the city Council. The second hearing shall be a public hearing requiring notice provided by general or special law. An affirmative vote of three members of the City Council is required for favorable action on the second reading of the proposed Comprehensive Plan amendment ordinance. The City Clerk shall notify the applicant by letter within five days after the Council decision advising each applicant of the action taken by City Council on the applicant's proposed Comprehensive Plan amendment. The City Clerk shall prepare a transmittal letter to the DCA regarding all amendments approved by the City Council. The letter shall be accompanied by five copies of the agenda for each approved amendment and five copies of the recorded ordinance amending the Comprehensive Plan. The letter shall also contain a review of all action taken by the City prior to final transmittal, together with the contact person for the City who will be able to answer any inquiries regarding the proposed amendment." Section 2. Section 20A-11.7 of the Land Development Code of the City of Sebastian is hereby amended to read as follows: "Section 20A-11.7. PROCEDURES FOR PUBLIC HEARING. In all matters requiring notice for public hearing before the City Council, the City Clerk shall send a written notice by regular mail to all property owners within three hundred (300') feet of the outer boundaries of the property subject to the rezoning or Comprehensive Plan amendment described in the application requesting the proposed change. Such notice shall advise all such owners as shown upon the last tax assessment roll of the county, in simple terms, of the proposed change and the time, date and place of the public hearing. If the proposed amendment relates to more than five percent (5%) of the land area of the city, notice shall be by publication only. The notice provisions contained herein regarding notice by mailing are directory only, and failure to mail such notice shall not affect any proposed change or amendment to the zoning ordinance or Comprehensive Plan. However, nothing contained herein shall be inconsistent with Florida Statutes governing notices." 8 Section 3. CODIFICA?ION. This Ordinance shall be incorporated into the Land Development Code of Sebastian, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word and the sections of this Ordinance may be renumbered or relettered to accomplish such purposes. Section 4. CONFLICT. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance insofar as they conflict are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it will be presumed that the City Council of the city of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the city Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption by the city Council. The foregoing Ordinance was moved for adoption by Councilman _~/_~~ . The motion was seconded by Councilman 0~~ and, upon being put to a vote, the vote was as follows: 9 Mayor Richard B. Votapka Vice-Mayor Robert McCarthy Councilman Robert L. McCollum Councilman Frank Oberbeck Councilman Lloyd Rondeau The Mayor thereupon declared this Ordinance duly passed and adopted this /~day of ~~_~~ , 1989. ATTEST: CITY OF SEBASTIAN, FLORIDA Richard B. Votapka, Mayor KafhYy~ M--.~ O' H~all~n, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hea~ng ~as held on this Ordinance at 7:00 p.m. on the /~J-day of ~~___, 1989, and that following said public hearing this Ordinance was passed by the City Council. ~{hrY~/M. O'Ha~lora~n, CMC/AAE City CIerk Approved as to Form and / Charles Ian Nash, City Content: Attorney 10