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HomeMy WebLinkAboutO-97-24ORDINANCE NO. 0-97-24 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-11.6. OF THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR ADOPTING, SUPPLEMENTING OR AMENDING THE ZONING ORDINANCE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERAB1LITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to procedures regarding land development code adopting, supplementing or amending the zoning ordinance; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 7. Section 20A-11.6. of the Land Developmem Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-11.6. Procedures for adopting, supplementing or amending the zoning ordinance. A. Initiating amendments to the zoning code. Amendments to the zoning ordinance may be initiated by: 1. City council. The city council may initiate a zoning ordinance amendmem by approving a written statement expressing its intent to amend this zoning ordinance and shall submit such written statement and any relevant supportive material to the city planning and zoning commission for review and action pursuant to section 20A-11.6(C) of this chapter. Planning and zoning commission. The city planning and zoning commission may initiate a zoning ordinance amendment. Property owner(s). An amendment to the zoning ordinance may be initiated by a petition signed by a property owner, or the property owner's authorized agent. Such petition shall be submitted to the office of the Community Development Director together with a fee as shall be determined by resolution of the city council. As many lots or parcels of property as the applicant may desire may be included in any single petition if they constitute one contiguous [parcel]. The petition shall be submitted on an application form prescribed by the Community Development Director. The application shall include, but not be limited to, the following: (a) Property description. The application shall describe by legal description and by street address, where possible, the property to be affected by the proposed change. (t~) 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. (¢) Current and proposed zoning. The current and proposed zoning for the subject property shall be identified. (d) Existing and proposed use. The existing and proposed use of the subject property shall be stated. (e) 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 rezoning is sought, except publicly held corporations, in which case the names and addresses of the corporate officers shall be sufficient. Administrative review. The Community Development Director shall forward zoning change petitions, for which appropriate fees have been submitted, to all appropriate administrative staff for their review and comment. The application shall be reviewed for conformance with the requirements of this chapter. The Community Development Director shall summarize the staff's comments and make a recommendation to the Planning and Zoning Commission. Planning and zoning commission review. The planning and zoning commission, regardless of the source of the proposed zone change petition, shall hold a public hearing thereon, with notice as required by section 20A-11.7. The planning and zoning commission shall submit a written report and recommendation concerning the proposed change of zoning to the city council for official action. In its deliberations the planning and zoning commission shall consider the following criteria: Consistency with plan. comprehensive plan. commission. Conformance with ordinances. Whether the proposal is consistent with the Any inconsistencies shall be identified by the Whether the proposal is in conformance with any applicable substantive requirements of the City of Sebastian Code of Ordinances. 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 amendment. 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. Adequate public facilities. Whether, and the extent to which, the proposal would result in demands on public facilities and services, exceeding the capacity of such facilities and services, existing or programmed, including transportation, utilities, drainage, recreation, education, emergency services, and similar necessary facilities and services. Natural environment. Whether, and to the extent to which, the proposal would result in significantly adverse impacts on the natural environment. Economic effects. Whether, and the extent to which, the proposal would adversely affect the property values in the area, or the general welfare. 10. Orderly development. Whether the proposal would result in an orderly and local development pattern. Any negative effects on such pattern shall be identified. Public interest; enabling act. Whether the proposal would be in conflict with the public interest, and whether it is in harmony with the purpose and interest of this ordinance and its enabling legislation. Other matters. Other matters which the planning and zoning commission may deem appropriate. City council review. The city council shall hold a public hearing on the requested zone change petition or amendment, with due public notice as defined in Sec. 20A- 11.7. If the amendment changes the actual list of permitted, conditional, or prohibited uses within a zoning category shall be pursuant to the Florida Statutes. If the amendment was initiated by the city and changes the actual zoning map designation of a parcel or parcels of land, public notice shall be pursuant to the Florida Statutes in addition to the notice requirements as defined in section 20A- l 1.7. The city council shall then act on the proposed change. In its deliberations the city council shall consider the criteria identified in section 20A-11.6(C) above together with the findings and recommendations of the planning and zoning commission. Any modifications or revisions to the planning and zoning commission's recommendation which involve a greater area of land to be rezoned or a more intensive zoning classification shall be the subject of an additional public hearing before the city council with due notice prior to action by the city council. Section 2. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section3. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. SEVERABILITY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1997. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF ~~__~., 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS/_x'f_ DAY OF ~, 1997. The foregoing Ordinance was moved for adoption by Councilmember ~/'d~_,~_.~,~4_.~; The motion was seconded by Councilmember //~'~ and, upon being put into a vote, the vote was as follows: Mayor Walter W. Barnes Vice Mayor Richard J. Taracka Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Ordinance duly passed and adopted this/~day of /~// , 1997. CITY OF SEBASTIAN, FLORIDA Walter W. Barnes, Mayor ATTEST: Kaflu3mYMi.O~alloran, CMC/AAE A~PprO~ is to Fo~d Contmt: Vaf~fi~'S&tt~s '_:- City Att. omey