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Home My WebLink AboutO-97-26ORDINANCE NO. 0-9%26 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-11.8. THE LAND DEVELOPMENT CODE RELATING TO PROCEDURES FOR AMENDING THE COMPREHENSIVE PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; 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 for amending the comprehensive plan; 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 1. Section 20A-11.8 of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-11.8. Procedures for amending comprehensive plan. A. Initiating amendments to 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. Planning and zoning commission. The city planning and zoning commission may initiate a comprehensive plan amendment. 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 Community Development Director, 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 a form prescribed by the Community Development Director. 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 identified. (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. Administrative review. The Community Development Director shall forward comprehensive plan amendment applications 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 seating as the local planning agency. Planning and zoning commission review. The planning and zoning commission seating as the local planning agency, regardless of the source of the proposed comprehensive plan amendment, shall hold a public hearing thereon,. 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 comprehensive plan. Any inconsistency shall be identified by the commission. 2. Conformance with ordinances. Whether the proposal is in conformance with any applicable substantive requirements of the city of Sebastian Code of 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. 10. 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 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. Natural environment. 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. 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. Orderly development. Whether the proposal would result in an orderly and local development pattern. Any negative effects on such patterns 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 intent of this chapter and its enabling legislation. Other matters. Other matters which the planning and zoning commission may deem appropriate. D. Action following reviews by city planning and zoning commission. Al[er review of the proposed comprehensive plan amendment, and the revision relating to thereto, the Community Development Director shall place the proposed ordinance amending the comprehensive plan, with comments from the planning and zoning commission as the local planning agency, on the next available meeting agenda for city council action. The applicant shall be advised of the time and place of the city council meeting. The amendment shall be considered as required by the Florida Statutes. 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 paRRs of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section4. SEVERABIL1TY. 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. 6 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/~DAY OF ~,~ , 1997. The foregoing Ordinance was moved for adoption by Councilmember 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. Cartwfight 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 Xa_. _ "(seal)- --: .'-~ Approved as to Fofjn and Content: 5e · ~ , 2 V~e-S~k~s : Ci~ A~omey 7