HomeMy WebLinkAbout06/15/2001HOI~I/ OF PELICA~ 1SLAHD
1225 Main Street [] Sebastian, Florida 32958
Telephone (561) 589-5330 [] Fax (561) 589-5570
City Council Information Letter
Happy Father's Day
June 15, 2001
Florida Land and Water Conservation Fund
The State of Florida recently reinstated a grant program to assist local
governments in developing/constructing outdoor recreational sites and
facilities for the use and benefit of the public. This program, the Land and
Water Conservation Fund, has an application period to sunset July 18th. As
such, we are currently working to compile plans for a proposal to finance
development of the Filbert Street Passive Park, consistent with
programming contain in our capital improvement program. I therefore
anticipate delivery of a resolution authorizing application submittal during
your June 27th meeting. Attached is a brief synopsis of the program,
provided for good measure.
Landscapin.q Requirements for County Road 512
Developments
Per questions and concerns raised during Wednesday evening's meeting,
attached are landscape plans for both Sebastian Gym and Fitness and the
Ameritrend Commercial Park, both currently under construction on County
Road 512. To answer a more specific question raised, all new commercial
developments in the City of Sebastian require a landscape plan, to initially
be presented for Planning and Zoning Commission review and
consideration (once again, staff does not have authority to freely regulate
and direct landscaping efforts for such activities). It appears that concerns
still exist relative to development and landscaping requirements, further
promulgating misgivings about staff actions regarding such proposals. To
clarify respective expectations, perhaps the City Council should consider a
joint workshop with the Planning and Zoning Commission, so as to possibly
communicate expectations accordingly. Any thoughts?
City Council Information Letter
June t5, 2001
Page 2
Status of Sebastian Veteran's Memoria!
Please find the attached conceptual plan/design for the construction of the
Sebastian Veteran's Memorial. The proposed location, as requested and
agreed upon by representatives from both Sebastian chapters of the
American Legion and Veteran of Foreign Wars, is the southeast corner of
Harrison Street and Indian River Drive. Of course, respective public
processes will transpire so as to solicit input accordingly. Arrangements
were made to date in the spirit of agreed upon appropriateness (if you will).
Funding for actual construction of the Sebastian Veteran's Memorial will be
proposed via the Fiscal Year 2001-2002 budget/capital improvement
programming process. If authorized, it is quite possible that this project will
be one of the very first enhancement programs to be initiated after budget
adoption this fall.
Clarification of Zonin Process- Former Good Gu s Inc.
Property,
Please find the attached memorandum as compiled and delivered per my
direction by Growth Manager Jan King relative to zoning recommendations
and options pertaining to the Riverview Park Expansion Program
(improvements to former Good Guys Inc. property - conceptual
improvement plan submitted in last week's Information Letter). The
purpose of this memorandum is simply to clarify reasons as to why a
conditional use proposal is to be consider by the Planning and Zoning
Commission next week. The present zoning for the property is Commercial
Riverfront (CR), which in fact does permit public park and recreational
activities. Essentially, the initial zoning proposal is to remain CR, so as to
accommodate potential future plans relative to water-related commercial
endeavors at the site - yielding a degree of flexibility regarding use.
Cornerstone Property
Director of Finance Mark Mason received a confirmation yesterday morning
via tax billing review processes that former Cornerstone properties were just
purchased by the St. Lucie Development Corporation from Atlantic Gulf
Communities. Last year, Atlantic Gulf Communities foreclosed on the
Cornerstone parcels, resulting in numerous legal issues preventing direct
enforcement. The parcels were subsequently sold. As a result, the City of
City Council Information Letter
June '15, 2001
Page 3
Sebastian as of yesterday, was able to research and make contact with an
individual to direct clean up efforts. The St. Lucie Development Corporation
representative is Mr. Kevin Hawkins (ph: 299-0397). Fortunately, I had an
opportunity to speak with him directly yesterday evening to inform him of his
responsibilities of correcting problems at the property. He understands the
circumstances, as the code enforcement division has also been directed to
work with him to facilitate clean up efforts and other necessary corrective
actions.
Voided Contract with Florida Department of Corrections
Earlier this week, I received the attached, rather disturbing letter from the
Florida Department of Corrections advising the City of Sebastian that the
recently authorized contract for inmate labor was in fact an error on their
part. Apparently, a directive from agency's central office was delivered not
to renew contracts at this time. All that remains is the opportunity to solicit
work squads on an as needed basis. We will continue to work to secure
assistance from the Department of Corrections when appropriate.
Unfortunately however, contractual obligations to do so no longer exist.
Enclosure(s):
Program Description - Land and Water Conservation Fund
Landscaping Plans/Planning and Zoning Commission Minutes
- Sebastian Gym and Fitness and Ameritrend
Conceptual Plan - Veteran's Memorial
Memorandum from Jan King - Riverview Park Expansion
Letter from Florida Department of Corrections
My Documents/InfoLetter93
Land and Water Conservation Fund ]
What is the Land and Water Conservation
Fund Program?
LWCF is a competitive program which provides grants for
acquisition or development of land for public outdoor
recreation use.
How is LWCF Administered?
Florida's Department of Environmemal Protection (DEP),
Division of Recreation and Parks, Bureau of Design and
Recreation Services, administers the program on behalf of
the U.S. Department of the Interior, National Park Service.
The Program is governed according to Florida Statutes,
Administrative Code and the LWCF Grants Manual.
Who May Apply for LWCF Funds?
All local governmental entities with the legal responsibility
for the provision of outdoor recreational sites and facilities
for the use and benefit of the public.
How Do I Apply?
For Fiscal Year 2000-2001, applicants must submit a
completed LWCF grant application during the announced
submission period, June 18 - July 18, 2001. Applicants may
submit only one application during the submission period.
Applications must involve only one project site except for
acquisition or development of sandy beach access.
What is the Maximum Grant Amount?
The maximum gram amount for Fiscal Year 2000-2001 will
be $150,000. Florida will receive $3,810,834 statewide for
Fiscal Year 2000-01.
What is the LWCF Matching Ratio?
The matching ratio is one applicant dollar to one federal
dollar for all LWCF grant awards (50% / 50%).
What Can I Use to Match a LWCF Grant?
*Cash; *Value of donated real property o~vned by applicant
(subject to conditions);*In-kind services.
What may LWCF Funds be used for?
Development: Outdoor recreation areas and facilities such
as beaches, picnic areas, trails, ballfields, tennis and
basketball courts and playgrounds along with associated
support facilities such as lighting, parking, restrooms and
landscaping.
Enclosed buildings and structures (except restrooms,
restroom/concession buildings and bathhouses) are
ineligible.
Acquisition: Land for outdoor recreation purposes.
Applicants must contact DEP prior to beginning
negotiations for purchase of the site.
Must an applicant own the proiect site?
Development: The applicant must own the project site or
lease it from a public agency by the closing date of the
application submission period. Land owned or leased by the
applicant must be dedicated in perpetuity as a public outdoor
recreation area.
Acquisition: An applicant must obtain DEP approval prior
to entering formal negotiations for purchase of property
which is the subject of a LWCF application.
How are LWCF Grants Awarded?
Each application is reviewed to determine eligibility. The
Bureau of Design and Recreation Services evaluates each
eligible application according to the Florida Administrative
Code and the LWCF Manual, and assigns a final score.
Based on the scores, the Bureau prepares and submits a
recommended priority list to the Secretary of the DEP for
approval. State approved projects are then submitted to the
U.S. Department of the Interior, National Park Service for
final review and award.
If an applicant is awarded LWCF funds~ what are the
maior requirements?
Project Agreement: DEP and the grantee will enter into an
agreement setting forth conditions consistent with DEP
policy, the Florida Administrative Code and thc LWCF
Manual.
Completion Time: Grantees may be allowed up to two (2)
years from the effective date of the agreement to complete
development projects, and one year for acquisition pmjects.
Payment Schedule: Grantees will receive LWCF funds on
a reimbursement basis.
Project Plans: Developmem projects shall have final plans
prepared and certified by a registered engineer or architect.
Project Accessibility: A recipient of federal funding may
not, directly or through contractual or other arrangements, on
the grounds of age, race, color, sex, national origin, physical
or mental disability, deny an individual any service or
benefit which could otherwise be reasonably provided.
Site Dedication: LWCF assisted park land must be
dedicated as a public outdoor recreation area in perpetuity.
Grantees must commit to operate and maintain LWCF
assisted public recreation facilities for the expected life of
the facility or for a minimum of twenty-five (25) years after
completion of construction.
Land Acquistion: Unless approved by DEP in advance,
formal negotiations for acquisition of a LWCF assisted site
may not begin until the gram is awarded by the National
Park Service. Grantees have up to three (3) years to develop
the property after purchase.
Who Do I Call for More Information:
Department of Environmental Protection
Division of Recreation & Parks
Bureau of Design & Recreation Services
3900 Commonwealth Boulevard, MS #585
Tallahassee, Florida 32399-3000
Phone (850) 488-7896 (Suncom 278-7896)
Fax (850) 488-3665 (Suncom 278-3665)
FL League of Cities 5/31/01 10:17 PAGE 3/5 RigntrA~
begin at a structural fire. When as-
,sembled, volunteers must. be able to
safely start firefighting within two min-
utes, 90 percent ofthe time. provision~
for combined fire departments are not
mentioned in either 1710 or 1720.
If 1710/1720 ia finally adopted and
cities do not compty, they could face
liability claims, OSHA non-compliance
penalties, and expanded financial li-
ability in the labor negotiation process.
These s~ndards undermine local policy-
making and management authority and
disregard local variations in need, re-
soumes, population and density.
The May 16 vote is advisory only and
not conclusive. The final determination
as to whether 1710/1720 becomes an
official standard will be decided by the
NFPA Standards Council, which meets
in San Francisco on July 10-13. A hear-
ing before the Standards Council in
San Francisco to present an appeal of
the vote has been requested. Several
associations and many cities are ex-
pected and urged to join In the appeal.
information on howto participate in the
appeal may be obtained by calling Carol
Westmoreland at the League office or
e-mailing cwesb'nore!and~flcitie& com.
DEP Land and Water
Conservation Fund
P rog ram
The Florida Department of Environ-
mental Protection (DEP) will accept
fiscal year 2000-2001 grant applications
for the Land and Water Conservation
Fund Program (LWCF) as follows:
Application submission period:
June 18,2001 - July 18, 2001. Applica-
tions must be postmarked before cron
the last date of the program application
pedod.
Eligible applicants: All local gov-
ernment entities with the legal respon-
sibi[ity for the provision of outdoor rec-
reational sites and faciiitiesfor the use
and benefit of the public.
Maximum grant request: The maxi-
mum grant request may not exceed
$150,000 and shall be matched on a 50
percent (program/grantee) matching
basis.
Application information:LWCF ap-
plication packets may be obtained from
the Department of Environmental Pro-
tection, Division of Recreation and
Parks, Bureau of Design and Recre-
ation Services, Mail Station ~585,3900
Corn monweatth Boulevard, Tal!ahassee,
FL 32399-3000; phone (850) 4~8-7896;
Suncom 278-7896; fax (850) z~8-3665;
Suncom fax 278-3665. Applicafions may
be obtained electronically in MicrosoR
Word by sending an e-mail to:
Collier. Cierk@,dep. staff, f/. us. Applica-
tions should be made in accordance
with the dra/t LWCF rule.
Program description: LWCF is a
competitive matching grant program
which provides financial assistance to
local governmental e ntities for develop-
ment or acquisition of land for public
outdoor recreational purposes. Con-
grass has approved funding for the
LWCF program with Florida's appor-
tin nm ant of $3,810,834.
Census Question
Center to Open in June
The U.S. Census Bureau is setting
up an office in Washington, D.C. to
handle questions regarding the 2000
census. There is no formal appeal or
amendatory process with the 2000 cen-
sus, so this office was established asa
"planned administrative review program"
to help with the limited number of ad-
justrnentsthat will be permitted. Cities
are encouraged to document any dis-
crepancies and call the office starting
in late May or eady June (exact date
has not been announced as of this
printing). The telephone number at the
office is (866) 546-0527 (toll-free),
and their e-mail is Count. Question.
Resolufbn@,census. gov.
Requests for
Information
The League is looking for sample
agreements between individuals, cor-
porations or groups and the city to buy
and hold land for development. Please
forward to Carol Westmoreland at the
League office.
The City of Naples is looking for
direction in establishing a Citizen Com-
plaint Review Board. This board will be
composed of city residents who will
hear and review cern plaints o f citize ns
regarding issues facing individuals and,'
or communities. This is not intended to
follow Chapter 112, Florida Statutes,
regarding complaints against law en-
foreement officers. Anyone aware of a
similar program or ordinance in exist-
ence in his or her city is urged to
contact Edc Hartwell at the League
office.
The City of Madison is requesting
info rmation from any city that has soft-
ware that meets the new Standard 34
(fLxed inventory tracking). Madison is a
small city of around 4,000. They are in
search of an inexpensive software pack-
age that will stand alone and monitor
fixed assets. Some of their departments
are presently using Microselt Access.
If any city has used Microsoft Access
and found itto meetthesa new require-
ments, or if you have used another
inexpensive program and it has corn-
plied with the new requirements of Stan-
dard 34, contact Chades D. HJtchcock,
Jr. or Dabble Thompson at (850) 973-
5083, fax (850) 973-5084 or City of
Madison, 109 SW Rutledge Street,
Madison, FL 32340.
Positions Open
City Attorney - City of Bunnell,
The City of Bonnell is soliciting applica-
tions for the position of city attorney.
All persons interested in applying for
the position should submit a resume to
Robert Backer, city manager, on or
before June 8, 2001. Applicants must
be admitted to the Florida Bar and main-
tain an office in the Seventh Judicial
Circuit. The position of city attomey is
a part-time position generally requiring
a pproximateiy 20-30 houraattorneytime
per month. Location of the attorney's
practice is preferred to be in Flagler
County, although not required. Prior
experience in the municipal law area is
desired. The position entailsall aspects
of municipal law including drafting of
documents and ordinances, providing
legal advice to the City Commission
and city administration. A general knowl-
edge in the areas of municipal finance,
zoning, public administration, dsk man-
agement and governmental liability is
required. Further inquiry may be made
to Markae Rupp, city clerk, at (386)
437-7500.
City Manager- City of Dunnellon.
Salary range: 842,000 - $50,000 DOt
+ benefits. Seeking first city manager.
Mayoflcouncil member and four-mem-
ber council elected at large, two-year
terms, non-partisan election. $2.1 M
general fund budget, $761,000 wated
sewer budget; 35 full time, two part
time employees. Services provided
through combination ofpdvate contracts
and direct service. Require bachelor's
degree ir~ businese adminiatration, pub-
tic administration/related field/equivalent
with three years progressively respon-
sible experience in public administra-
tion, "master's degree preferred." Re-
quire skill in financial management, util-
ity operation and extension, employee
union negotiations and downtown rede-
velopment. Independent, rural city.
Popular fishing community experienc-
ing toudsm. Resume, ceverletterand
list of references to City Clerk, 20750
River Drive, Dunnellon, FL 34431 by
June 11, 2001 at 5:00 p.m. Fax (352)
489-0105. EOE, Drug Free Workplace.
Chief, Community Redevelopment
Agency - Esoambia County Board
of County Cornreissioners. Neighbo r-
hood and Environmental Services isac-
cepting applications for chief, commu-
nity redevelopment agency. Salary:
$50,000. Anticipated start date eady
PARTIAL SITE PLAN Fr~R
VETERANS MEMRRIAL
RETENTIBN AREA
H/C
.SCHOOL
Z/Le PARKINI
BUS:
BAJ 6-12-01
FLORIDA
DEPARTMENT of
CORRECTIONS
An Affirmative Actio~Equal Opportunity Employer
JEB BUSH
Secretary
MICHAEL W. MOORE
http://www.dc.srate.fl.us
7625 17~ Street, S.W. ° Vero Beach, Florida 32968 ° Telephone: (561) 564-2812 · FAX (561) 564-2880
June 7, 2001
City of Sebastian
Mr. Terrence Moore
City Manager
1225 Main Street
Sebastian, Florida 32958
Mr. Moore,
This letter is to advise you the contract for inmate labor sent to the city was sent
· I
in error· The Florida Department of Correct on s centra office has advised we
are not to renew any contracts at this time. However, we will continue to fulfill the
contract that was agreed upon in June of 2000.
I will still send a work squad once a week or on as needed basis·
I apologize for any inconvenience this has caused you and as soon as the central
office advises me I will send the new contract out.
Thank you in advance for your understanding in this matter.
L. Cochenour
Administrative Lieutenant
CC: Warden J. Johnson
Assistant Warden J. Johnson
HOME OI~ PEL~..AN ISLAND
1225 MAIN STREET · SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5537 · FAX (561) 589-2566
TO:
FROM:
DATE:
RE:
Terrence Moore
City Manager
Jan King ~)~'~'
June 11, 2001
Riverview Park Expansion
Riverview Park is zoned Public Service (PS). The "Good Guys, Inc." property which
will be used for the expansion of Riverview Park is zoned Commercial Riverfront (CR).
The PS zoning district allows parks and recreation areas as a permitted use. In the CR
zoning district, however, parks and recreation areas are allowed as a conditional use. A
conditional use requires a public hearing by the Planning and Zoning Commission. This
is usually done at the same meeting that the Planning and Commission reviews the site
plan.
The conditions for approval of public parks and recreation in the CR zoning district are
attached for your information. Three of the four conditions apply to property that abuts a
residential district (which this does not). A fourth condition relates to stadium type
lighting, ~vhich is not proposed.
To rezone the property to PS would eliminate the need for a public hearing regarding the
conditional use. The site plan still would need to be reviewed and approved by the
Planning and Zoning Commission.
A rezoning of this property would require a public hearing by the Planning and Zoning
Commission (with legal ad and letters to surrounding property owners) followed by two
public hearings by City Council (with display ad and letters to surrounding property
owners). The land use designation would also have to be changed from Riverfront Mixed
Use (RMU) to Institutional (INS). This would involve one public hearing by the
Planning and Zoning Commission (with legal ad and letters to surrounding property
owners) followed by one public hearing by City Council (with display ad and letters to
surrounding property owners). The City would then do a transmittal to the Department of
Community Affairs (for information purposes only) regarding the small-scale amendment
to the Comprehensive Land Use Map.
There seems to be little advantage to rezoning this property to PS, when the existing CR
district allows public parks and recreation. If the City has any future plans regarding a
marina, fuel sales or other commercial water-related endeavors at this site, the zoning
would need to remain CR.
Staff may want to process the proposed site plan with the existing CR zoning, then
consider a rezoning and land use change the next time a city-wide review is undertaken
for the zoning and land use maps.
:jk
CC: Tracy Hass
Dorri Bosworth
§ 54-2-5.3.3
SEBASTIAN LAND DEVELOPMENT CODE
(c) Conditional uses:
Bars and lounges
Commercial retail > 20,000 sq. i~.
Business and professional offices with
drive-through facilities
Farmer's market
Funeral homes
Pawn shops
Nursing homes
Child care services
Utilities, pubhc and private
(d) Dimensional regulations:
(1) Maximum FAR: 60%
(2) Maximum height: 35 feet.
(3) Lot coverage:
Maximum building coverage: 30%
Minimum open space: 20%
(4) Lot dimension:
Minimum lot size: 10,000 square feet
Minimum width: 75 feet
Minimum depth: 125 feet
(5) Minimum setbacks:
Parks and recreation, public
Protective and emergency services, public
Restaurants with drive-through facilities
Vehicular service and maintenance
Veterinary services
Wholesale trades and services
Commercial amusements, enclosed
Accessory uses to conditional uses
Mini-storage
Maximum impervious surface: 80%
Front yard with sidewalks, curb and gutters: None required.
Front yard without sidewalks, curb and gutters: 6 feet
Side yard: 5 feet minimum, except 30 feet when abutting a residential district.
Rear yard: 10 feet; except 30 feet when abutting a residential district.
Sec. 54-2-5.4. Commercial Riverfront (CR).
(a) Intent: The purpose and intent of the CR District is to provide a management framework
for implementing comprehensive plan objectives and policies for the riverfront mixed use
designation illustrated on the future land use map. All development in the Commercial
Riverfront District shall comply with the comprehensive plan, performance criteria in chapter
III, as well as other applicable land development regulations. The CR District is intended to
preserve the existing character of the riverfront area. The existing assets, including historical
LDC5:16
ZONING DISTRICT REGULATIONS
§54-2-5.4
structures, shall be protected, preserved and enhanced. The zoning district is intended to
provide for a mixture of uses and a variety of opportunities for recreational and commercial
uses while protecting the environment.
(b) Permitted uses:
Cultural or civic facilities
Churches
Clubs and lodges, public and private
Medical services
Gasoline sales, retail
Wet or dry storage of beats
Trade and skilled services
Marine power sales and service
Hotels and motels
Bait and tackle shops
Accessory uses to permitted uses
Educational institutions, marine related
Administrative services, public and pri-
vate
(c) Conditional uses:
Utilities, public and private
Protective and emergency services, public
Commercial retail > 10,000 sq.
Bars and lounges
Child care services
Plant nurseries
Funeral homes
Wholesale trades and services
Accessory uses to conditional uses
Business and professional offices, exclud-
ing drive-through facilities
Commercial retail _< 10,000 sq. ft.
Restaurants, excluding drive-through fa-
cilities
Home occupations
Marine fuel sales
Boat sales and rentals
Fish markets and packing facilities
Yacht clubs
Parking lots without a building on the lot
All uses permitted in the RM-8 Zoning
District
Parks and recreation, public .~e~' ffr'r~r~[~
Nursing homes
Commercial amusements, enclosed
Restaurants, with drive-through facilities
Farmer's markets
Veterinary services
Business and professional offices with
drive-through facilities
Vehicular service and maintenance
(d) Size and dimension regulations: The following are the minimum size and a~mension
criteria for lots within this district. For lots located in the Riverfront Performance Overlay
District, the additional requirements of the overlay district shall be complied with:
LDC5:17
CONDITIONAL USE CRITERIA § 54-2-6.4
(31) Parking lots (without a building or structure on the lot):
a. Applicable zoning districts. Parking lots without a building or structure on the lot
or parcel shall be permitted as a conditional use within the following zoning
districts: CR. A "structure" for the purpose o£ this section means an edifice or
building of any kind.
b. Conditional use criteria. Parking lots without a building or structure on the lot or'
parcel will be allowed provided the following conditions are met:
1. A site plan must be submitted and approved by the planning and zoning
commission in accordance with article X-VIII of this code.
2. All parking lots must be landscaped in accordance with article XI-V of this
code.
(32) Parks and recreation, public:
a. Applicable zoning districts. Public parks and recreation areas shall be permitted
as a conditional use within ali zoning districts: RE-40, RS-20, RS-10, RM-8,
R-MH, C-512, CL, CG, CR, CWR, IN, AI.
b. Conditional use criteria. Public parks and recreation areas, including parks,
playgrounds, piers, docks and boat launching areas that are publicly owned and
used for recreational purposes by the general public, will be allowed provided the
r-~ following conditions are met:
No building or structure shall be located closer than 30 feet to any property
line abutting a residential district.
No off-street parking or loading areas shall be located closer than 15 feet to
any property line abutting a residential district.
Any recreational use equipped with lighting to allow the use of the facility
after sunset or any facility such as a stadium which attracts large groups of
users for specific events shall be allowed only as a special exception.
4. Scree~ng: All side and rear yards abutting residential districts or uses shall
be screened in accordance with the standards established in section 54-3-
14.16.
(33) Parks and recreation, public with stadium lighting:
a. Applicable zen/rig districts. Parks and recreation, public with stadium lighting
shall be perm/trod as a conditional use in the following zoning districts: PS.
b. Conditional use criteria. Parks and recreation, public with stadium lighting will
be allowed provided the following conditions are met:
1. No building or structure shall be located closer than 30 feet to any property
line abutting a residential district.
2. No off-street parking or loading areas shall be located closer than 15 feet to
any property line abutting a residential district.
LDC6:17
§ 54-1-2.6
SEBASTIAN LAND DEVELOPMENT CODE
(b) Powers and duties of the city council.
(1) Enact or amend land development code. The city council shall adopt a land develop-
ment code consistent with section 163.3202, F.S. Following receipt of a written report
from the city planning and zoning commission, the city council may amend or
supplement the regulations and districts fixed by the adopted city land development
code. The city council shall hold a public hearing on such matters, as required by
Florida Statutes, if any change is to be considered, and shell act on the proposed
change after such hearing. In cases where the recommendation of the city planning
and zoning commission is adverse to the proposed change, such change shall not
become effective except by an affirmative vote of a majority of four members of the city
council, after due process.
(2) Establish fees and appropriate funds. The city council may, by resolution, establish
fees, charges, and expenses imposed by the adopted land development code.
(3) Consider and act on development issues as required. The city council shall consider
and act on development and growth management issues pursuant to this code, chapter
163, F.S., and other applicable laws and regulations.
(4) Enforce land development code. The city council shall enforce the land development
code, including carrying out appropriate legislative actions.
(5) Appoint and confirm members of requisite boards and commissions. The city council
shall appoint and confirm members of the planning and zoning commission, the board
of adjustment, and any other board, commission or committee as may be deemed
necessary by the city council or applicable laws.
(6) Take other actions necessary to implement the land development code. The city council
may take such other action not delegated to the planning and zoning commission,
board of adjustment, cede enforcement board, or other entities as the city council may
deem desirable and necessary to implement the provisions of the comprehensive plan
and the land development code.
Sec. 54-1-2.7. Amendments to the land development code.
(a) Purpose and intent. For the purpose of guiding and accomplishing coordinated and
harmonious development in accordance with e~sting and future needs and in order to protect,
promote, and improve public health, safety, comfort, order, appearance, convenience, morals,
and general welfare, the City of Sebastian, in accordance with the conditions and procedures
specified in this act, may enact or amend and enforce a land development code after a public
hearing as required by Florida Statutes. In such ordinance the city shall be divided into
districts of such number, shape, and size as may be deemed best suited to carry out the
purposes of this act, and within these districts may regulate, determine, and establish:
(1) Height, number of stories, size, bulk, location, erection, construction, repair, recon-
struction, alteration, and use of buildings and other structures for trade, industry,
residence, and other purposes;
LDC2:20
ADMINISTtLkTION AND ENFORCEMENT
§ 54-1-2.7
(2) Use of land and water for trade, industry, profession, residence, and other purposes;
(3) Size of yards, courts and other open spaces;
(4) Percentage of lot that may be occupied;
(5) Density of population;
(6) Conditions under which various classes of nonconformities may continue, including
authority to set fair and reasonable schedules for the elimination of nonconforming
uses;
(7) Use and types and sizes of structures in those areas subject to seasonal or periodic
flooding, so that danger to life and property in such areas will be minimized; and
(8) Performance standards for use of property and location of structures thereon.
All such regulations shall be uniform throughout each district, but the regulations in one
district may differ from those in other districts. For each district designated, regulations may
specify those uses that shall be excluded or subjected to reasonable requirements of a special
nature. Uses permitted in one district may be prohibited in other districts, to the end that
incompatibility of uses is minimized or eliminated. Regulations and district boundaries shall
protect, promote, and improve public health, safety, comfort, order, appearance, convenience,
morals, and general welfare and shall be made with reasonable consideration, among other
things, to the character of the districts and their special suitability for particular uses and with
a view to conserving property values and encouraging the most appropriate use of land
throughout the city.
The purpose of this section is to provide a means for changing the text of the land
development code or the boundaries of the olTicial zoning map. It is not intended to relieve
particular hardships, nor to confer special privileges or rights on any person, but only to make
necessary adjustments in light of changed conditions. In determining whether to grant a
requested amendment, the city council shall consider, in addition to the factors set forth in this
section, the consistency of the proposed amendment with the intent of the comprehensive plan.
(b) Procedures for adopting, supplementing or amending the land development code.
(1) Initiating amendments to the land development code. Amendments to the land
development code or official zoning map may be initiated by:
a. City council. The ciW council may initiate a land development code or official
zoning map amendment by approving a written statement expressing its intent
to amend this land development code 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 54-1-2.7(b)(3) of this chapter.
b. Planning and zoning commission. The city planning and zoning commission may
initiate a land development code or official zoning map amendment.
c. Property owner(s). An amendment to the land development code may be initiated
by an application signed by a property owner or the authorized agent of the
LDC2:21
§ 54-1-2.7
(2)
(3)
SEBASTIAN LAND DEVELOPMENT CODE
property owner. Such petition shall be submitted to the planning and growth
management director together with a fee as shall be determined by resolution of
the city council. As many lets or parcels of property as the applicant may desire
may be included in any single petition ff they are contiguous. The petition shall
be submitted on an application form prescribed by the planning and growth
management director. Applications for changes to the official zoning map shall
include, but not be limited to, the following:
1. Property description. Where applicable, the application shall include a legal
description of the property that is the subject of the application, as well as
its street address.
2. Comprehensive plan land use map designation. The current and, where
applicable, the proposed comprehensive plan land use map designation for
the subject property shall be identified.
3. Current and proposed zoning. The current and proposed zoning for the
subject property shall be identified.
4. Existing use. The existing use of the subject property shall be stated.
5. Disclosure of ownership. The application shall include a verified statement
shewing 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 planning and growth management director shall forward
land development code or official zoning map change petitions, for which appropriate
fees have been submitted, to all appropriate administrative staff for their rev/ew and
comment. The application shall be reviewed for conformance with the requirements of
this chapter. The planning and growth management director shall summarize the
staffs 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 or change to the land
development code, shall hold a public hearing. If the official zoning map is proposed for
amendment, the public hearing shall be conducted after proper public notice is given
as required by section 54-1-2.8. The planning and zoning commission shall submit a
written report and recommendation concerning the proposed change to the official
zoning map or to the land development code to the city council for official action. In its
deliberations the planning and zoning commission shall consider the following criteria:
a. Consistency with plan. Whether the proposal is consistent with the comprehen-
sive plan. The commission shall identify any inconsistencies.
b. Conformance with ordinances. Whether the proposal is in conformance with any
applicable substantive requirements oft he City of Sebastian Code of Ordinances.
LDC2:22
ADMINISTRATION AND ENFORCEMENT § 54-1-2.8
c. 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.
d. 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.
e. 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, utili-
:' ties, drainage, recreation, education, emergency services, and similar necessary
facilities and services.
Natural environment. Whether, and the extent to which, the proposal would
result in significantly adverse impacts on the natural environment.
g. Economic effects. Whether, and the extent to which, the proposal would adversely
affect the property values in the area, or the general welfare.
h. Orderly development. Whether the proposal would result in an orderly and local
development pattern. Any negative effects on such pattern shall be identified.
i. 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 leg~alation.
j. Other matters. Other matters which the planning and zoning commission may
deem appropriate.
\(~-k ~ council review. The city council shall hold a public hearing on the req~uest, e~d
. ~ ~?.~w ........ ndment or land development code amendment pursuant to r ~omaa
~'~X ~c~ ~w Statutes The city council shall then act on the proposed change. In ~ts deliberation
~w ~ the city council shall consider the criteria identified m sect.~°n 5a5n4~l~)~o~.~'
~ ~ · ~'~ together with the findings and recommendations of the plannmg g -
Any modifications or revm~ons to the c~ty planmng and zomng comnnsmons recom
mendation 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 notice prior to action by the city council.
Sec. 54-1-2.8. Procedures for public hearings.
The following notice requirements are in addition to the requirements as established by
Florida Statutes. The notice provisions contained herein regarding notice by mailing are
directory only and failure to mail such notice shall not affect any action taken on the
LDC2:23
§ 544-2.8 SEBASTIAN LAND DEVELOPMENT CODE
application. The planning and growth management director shall establish procedures for the
processing of all applications including setting required application filing deadlines to meet
the requirements of this section.
(a) Public hearing. A proceeding requiring a public hearing shall be conducted only after
a notice has been published at least once in a newspaper of general circulation in the
city, the first publication of which shall be at least 15 days before the hearing. However,
nothing contained herein shall be inconsistent with Florida Statues governing notices.
The public notice shall contain all information required by Florida Statutes and
include at least the following items:
(1) The date, time and place of meeting;
(2) The title of the board conducting such meeting;
(3) A brief description of the matter to be considered; and
(4) Alegal description of the property and other appropriate information identifying
the property involved.
The giving of public notice of hearing shall be deemed sufficient when a notice has satisfied the
requirements as established by Florida Statutes. In addition, a copy of such notice shall be
mailed to ail property owners within 300 feet of the outer boundary of the property involved
in the application including contiguous property under the same ownership, as shown in the
records of the county property appraiser. If the property involved in the application is a
condominium, then the required notice shall be by certified mail to the condominium
association and by regular mall to the individual owners. The applicant shall provide the hst
of the required property owners to the planning and growth management department with the
application for the proposed action at least 20 days before the hearing and shall pay for the
maihng costs.
Sec. 54-1-2.9. Procedures for amending comprehensive plan. ]~O ~%~ ~d-/~r~-
(a) Initiating comprehensive plan amendments. 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
54-1-2.9(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 or the authorized agent of the
property owner. Such application shall be submitted to the office of the planning and
growth management 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
LDC2:24
ADMINISTRATION AND ENFORCEMENT
§ 54-1-2.9
applicant may desire can be included in any single application if they are contiguous.
The application shall be submitted on a form prescribed by the planning and growth
management director. The application shall include, but not be limited to, the
following:
a. The applicable sectian(s) of the comprehensive plan sought to be amended;
b. The proposed amendments sought to the comprehensive plan;
c. The impact that 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 sliail, in addition to the foregoing, include:
1. Property description. A legal description and a description by street address,
where possible, of the property to be affected by the proposed change.
2. Current and proposed comprehensive plan land use map designation.
Current and proposed comprehensive plan land use map designation for the
subject property.
3. Current and proposed land development. The existing and proposed land
development for the subject property.
4. Existing and proposed use. The existing and proposed use of the subject
property, if applicable.
5. Disclosure of ownership. 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 sufScient.
e. No application under this section shall be reviewed by staff or any beard,
commission or the city council until such application is fully completed and
submitted with the appropriate fee.
(b) Administrative review. The plamnnng and growth management director shall forward
comprehensive plan amendment applications to all appropriate staff for their review and
comment. The application shall be reviewed for conformance with the requirements of this
chapter. The planning and growth management director shall summ~-dze the staffs comments
and make a recommendation to the planning and zoning commission.
(c) Planning and zoning commission review. The plarming and zoning commission, regard-
~less of the souxce of the proposed comprehensive plan amendment, shaJl hold a pu. blic hearing
e~, reon The nlarming and zoning commission shall submit a written repor~ an{1 recommen-
dation concerning the proposed comprehenmve plan amendment to the c~ty council for official
action. In deliberating, the commission shall consider the following:
,~ (1) Consistency with other elements of plan. Whether the proposal is consistent with the
~shteE~j~ee~ents of the comprehensive plan. The commission shall identify any mcon-
LDC2:25
§ 54-1-2.9
SEBASTIAN LAND DEVELOPMENT CODE
(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 condition. 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 facihties. Whether, and the extent to which, the proposal would result
in pubhc 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 enabling act. Whether the proposal would be in conflict with the public
interest, and whether it is in h~rmony with the purpose and intent of this chapter and
its enabling legislation.
(10) Other matters. Other matters which the planning and zoning commission may deem
appropriate.
'x~2~d) Action following review by city planning and zoning commission. Afar review of the
~ proposed comprehensive plan amendment, and the revision relating thereto, the planning and
ll~.~ k%growth management director shall place the proposed ordinance amending the comprehensive
plan, with comments from the planning and zoning commission, on the next available meeting
agenda for city council action. The apphcant shall be advised of the txme' and place of the c~ty'
council meeting. The amendment shall be considered as reqmred by Florida Statutes.
5~ ~'~b'~ec. 54-1-2.10. Vacation of public rights-of-way.
(a) Proposals to vacate. A proposal to vacate a public right-of-way may be initiated by a vote
of the city council or upon the filing of an application, as specified herein, by one or more
owners of property within the City of Sebastian. A fee vacation of public right-of-way shah be
established by resolution of the city council.
LDC2:26
: -~~ INTERGOVERNMENTAL PROGRAMS Ch. 163
~e agency and
Administrative
.~nder s. 120,57
~nt covered by the
ed.
}liance agreement,
e the compliance
~rtJsed at teast l0
~ewspaper of gen-
~ce with the adver-
(t5).
pt a plan amend.
:ement in accord.
lraph (15)(a). The
the requirements
local government
aring pursuant to ,,
5)(b)2. and para- '
after adoption of
eot shall transmit
nning agency as
rules, and shell
Ig agency and to
or government
:ten request with
,lan amendment,
0.57 proceeding
upon receipt of
to a Compliance
notice of intent
)ement amend.
~at was the sub-
,vith subsection
comprehensive
hoe agreement
amendment in
anning agency
he Division of
~g officer shall
57 proceeding,
eprocessco
~ing provisions
son, burden of
~er and a final
~h 2. Parties to
~lignment may
~d to file addi-
)ut may timely
:llenge to the
e cumulative
m to the rules
:ire Hearings.
ealigned pro-
rent which ·
;nt by filing I
ibsection
filed by the
~ proceedir~g
or consolide'
2. If any of the issues raised by the state land plan-
ning agency in the original subsection (10) proceeding
ale not resolved by the compliance agreement amend-
mentS, any intervenor in the original subsection (10) pro-
ceeding may require those issues to be addressed in
the pending s. 120.57 consolidated realigned proceed-
ing. As to those unresolved issues, the burden of proof
shall be governed by subsection (10).
3. If the local government adopts a comprehensive
plan amendment pursuant to a compliance agreement
and a notice of intent to find the plan amendment not
in compliance is issued, the state land planning agency
shall forward the notice of intent to the Division of
Administrative Hearings, which shall consolidate the
proceeding with the pending proceeding and immedi-
ately set a date for hearing in the pending s. 120.57 pro*
ceeding. Affected persons who are not a party to the
underlying s. t20.57 proceeding may challenge the plan
amendment adopted pursuant to the compliance agree-
ment by filing a petition pursuant to subsection (10).
(g) If the local government fails to adopt a compre-
hensive plan amendment pursuant to a compliance
agreement, the state land planning agency shall notify
the Division of Administrative Hearings, which shall set
the hearing in the pending s. 120.57 proceeding at the
earliest convenient time.
(h) This subsection does not prohibit a local govern-
ment from amending portions of its comprehensive plan
other than those which are the subject of the compli-
ance agreement. However, such amendments to the
plan may not be inconsistent with the compliance agree-
ment.
(i) Nothing in this subsection is intended to limit the
parties from entering into a compliance agreement at
any time before the final order in the proceeding is
issued, provided that the provisions of paragraph (c)
shall apply regardless of when the compliance agree
ment is reached.
(j) Nothing in this subsection is intended to force
any party into settlement against its will or to preclude
the use of other informal dispute resolution methods,
such as the services offered by the Florida Growth Man-
agement Dispute Resolution Consortium, in the course
of or in addition to the method described in this subsec-
tion.
163.3187 Amendment of adopted comprehensive
plan.-
(1) Amendments to comprehensive plans adopted
pursuant to this part may be made not more than two
times during any calendar year, except:
(a) In the case of an emergency, comprehensive
plan amendments may be made more often than twice
during the calendar year if the additional plan amend-
ment receives the approval of all of the members of the
governing body. "Emergency" means any occurrence or
lhreat thereof whether accidental or natural, caused by
humankind, in war or peace, which results or may result
in substantial injury or harm to the population or sub-
stantial damage to or loss of property or public funds.
(b) Any local government comprehensive plan
amendments directly related to a proposed develop-
ment of regional impact, including changes which have
been determined to be substantial deviations and
including Florida Quality Developments pursuant to s.
380.061, may be initiated by a local planning agency and
considered by the local governing body at the same
time as the application for development approval using
the procedures provided for local plan amendment in
this section and applicable local ordinances, without
regard to statutory or local ordinance limits on the fre-
quency of consideration of amendments to the local
comprehensive plan. Nothing in this subsection shall be
deemed to require favorable consideration of a plan
amendment solely because it is related to a develop-
ment of regional impact.
(c) Any local government comprehensive plan
amendments directly related to proposed small scale
development activities may be approved without regard
to statutory limits on the frequency of consideration of
amendments to the local comprehensive plan. A small
scale development amendment may be adopted only
under the following conditions:
H. The proposed amendment involves a use of 10
acres or fewer and:
a. The cumulative effect of the acreage for all small
sca~e development amendments adopted by the local
government shall not exceed 60 total acres annually.
b. The proposed amendment does not involve the
same property more than once a year.
c. The proposed amendment does not involve the
same owner's property within 200 feet of property
granted a change within the prior 12 months.
d. The proposed amendment does not involve a
text change to the goals, policies, and objectives of the
local government's comprehensive plan, but only pro-
poses a land use change to the future land use map for
a site-specific small scale development activity.
e. The proposed amendment is not located within
an area of critical state concern.
f. If the proposed amendment involves a residential
land use, the residential land use has a density of 10
units or less per acre.
2. A local government is not required to comply
with the requirements of s. 163.3184(15)(c), for plan
amendments pursuant to this paragraph if the local gov-
ernment complies with the provisions in s. 125.66(4)(a)
for a county or in s. 166.041(3)(c) for a municipality. If ini-
tiated by other than the local government, public notice
is required. The local government shall send copies of
the notice and amendment to the state land planning
agency, the regional planning council, and any other
person or entity requesting a copy.
3. Small scale development amendments adopted
pursuant to paragraph (1)(c) require only one public
hearing before the governing board, which shall be an
adoption hearing as described in s. 183.3184(7), and are
not subject to the requirements of s. t63,3184(3)-(6)
unless the local government elects to have them subject
to those requirements.
1239
Ch. 163
INTERGOVERNMENTAL PROGRAMS
(d) Any comprehensive plan amendment required
by a compliance agreement pursuant to s. 163.3184(16)
may be approved without regard to statutory limits on
the frequency of adoption of amendments to the com~
prehensive plan.
(e) A comprehensive plan amendment for location of
a state correctional facility. Such an amendment may be
made at any time and does not count toward the limita-
tion on the frequency of plan amendments.
(2) Comprehensive plans may only be amended in
such a way as to preserve the internal consistency of the
plan pursuant to s. 163.3177(2). Corrections, updates, or
modifications of current costs which were set out as part
of the comprehensive plan shall not, for the purposes of
this act, be deemed to be amendments.
(3)(a) The state land planning agency shall not
review or issue a notice of intent for small scale develop-
ment amendments which satisfy the requirements of
paragraph (1)(c). Any affected person may file a petition
with the Division of Administrative Hearings pursuant to
s. 120.57 to request a hearing to challenge the.compli-
ance of a small scale development amendment with this
act within 30 days following the local government's
adoption of the amendment, shall serve a copy of the
petition on the local government, and shall furnish a
3opy to the state land planning agency. A hearing officer
;hall hold a hearing in the affected jurisdiction not less
hah 30 days nor more than 60 days following the filing
,f a petition and the assignment of a hearing officer The
adies to a hearing held pursuant to this subsection
hall be the petitioner, the local government, and any
,tervenor. In the proceeding, the local government's
~termination that the small scale development amend-
ent is in compliance is presumed to be correct The
:al government's determination shall be sustained
less it is shown by a preponderance of the evidence
~t the amendment is not in compliance with the
quirements of this act. in any proceeding initiated pun
~ant to this subsection, the state land planning agency
ay intervene.
(b)t. If the hearing officer recommends that the
small scale development amendment be found not in
compliance, the hearing officer shall submit the recom-
mended order to the Administration Commission for final
agency action. If the hearing officer recommends that
the small scale development amendment be found in
compliance, the hearing officer shall submit the recom-
mended order to the state land planning agency.
2. If the state land planning agency determines that
the plan amendment is not in compliance, the agency
shall submit, within 30 days following its receipt, the rec-
ommended order to the Administration Commission for
final agency action. If the state land planning agency
determines that the plan amendment ~s in compliance,
the agency shall enter a final order within 30 days follow-
ing its receipt of the recommended order.
(c) Small scale development amendments shall not
become effective until 31 days after adoption. If chal-
lenged within 30 days after adoption, small scale devel-
opment amendments shall not become effective until
the state land planning agency or the Administration
Commission, respectively, issues a final order determin-
ing the adopted small scale development amendment
is in compliance.
(4) Each governing body shall transmit to the State
land planning agency a current copy of its COmprehen.
sive plan not later than December 1, 1985. Each govern-
ing body shall also transmit copies of any amendments
it adopts to its comprehensive plan so as to continually
update the plans on file with the state land planning
agency.
(5) Nothing in this pad is intended to prohibit or Iimll
the authority of local governments to require that a per.
son requesting an amendment pay some or all of the
cost of public notice.
(6) No local government may amend its comprehen.
siva plan after the date established by rule for submittal
of its evaluation and appraisal report unless it has sub.
mitred its report or addendum to the state land planning
agency as prescribed by s. 163.3191, except for plan
amendments to implement recommendations in the
report or addendum. When the agency has determrned
that the report or addendum has sufficiently addressed
all pertinent provisions of s. 163.3191, the local govern.
merit may proceed with plan amendments in addition to
those necessary to implement recommendations in the
report or addendum.
(7) The state land planning agency shall consider an
increase in the annual total acreage threshold for smal~
scale amendments, particularly with regard to the
unique characteristics among the various local govern-
ments, and shall report its review to the Governor, the
Speaker of the House of Representatives, and the Pres~-
dent of the Senate on or before January 15, 1996.
163.3189 Process for arnendment of adopted com-
prehensive plan.--
(t) The procedure for amendment of an adopted
comprehensive plan or plan element which has been
found to be in compliance shall be solely as prescribed
by this section.
(2) A local government which has a comprehensrve
pran that has been found to be in compliance may
amend its comprehensive plan as set forth in s.
163.3184, with the following exceptions:
(a) Plan amendments shall not become effective
until the state land piannieg agency issues a final order
determining the adopted amendment to be in compli-
ance in accordance with s. 163.3184(9), or until the
Administration Commission issues a final order deter-
mining the adopted amendment to be in compliance in
accordance with s. 163.3184(10).
1240
~oecify acti,
into complir
vided in s. 1
will be subjs
live notwith
ance. Howe
the local go'
after public
effective an
163.3184(11
dial actions ~
local goverr
tion~.
its 4qotice of
to the Divisi(
eminent pro
mediation ~
amendment
proceedinc~
expeditious
by serving
agency, all
hearing offi¢
(b) Upor
(a), the hear
lng no mcr(
Once a fin~
been set, n~
tional time f~
without the
finding by t
stances. Ex
matters rela
for preparat
(c) Abs~
stances, th(
final order, i
within 45 d8
order, unles
time.
163.3191
aive plan.-
(1) The I
ongoing prc
pare periodi
Shall be sam
planning ag
adoption of
transmitted
Upon reque
this act tha~
Cally updat~
evaluation ~
appraisal re
for Updatin
Changes in
agement.
INTERGOVERNMENTAL PROGRAMS Ch. 163
b) if the Adm nistration Commission, upon a hearing
* to s, 163.3184, finds that the adopted plan
pursU~am~nr is not in compliance the commission shall
amenGm~ ..... '
specify actions that would bring the plan amendment
Crc compliance, and may specify the sanctions pro-
vided in s. 163,3184(11) to which the local government
will be subject if it elects to make the amendment effec
tire notwithstanding the determination of noncompli
ance. However, after the final order of the commission,
tl~e local government, by resolution at a public meeting
after public notice, may elect to make the amendment
effective and be subject to sanctions pursuant to s,
(2) The report shall present an assessment and eval-
uation of the success or failure of the comprehensive
plan, or element or portion thereof, and shall contain
appropriate statements (using words, maps, illustra-
tions, or other forms) related to:
(a) The meier problems o1 development, physical
deterioration, and the location of land uses and the
social and economic effects of such uses in the area.
(b) The condition of each element in the comprehen-
sive plan at the time of adoption and at date of report,
(c) The comprehensive plan objectives as com-
pared with actual results at date of report,
163.3184(11). If the local government enacts the reme
dial actions specified in the commission's final order, the
local government shall no longer be subject to sanc-
tions.
(3)(a) At any time after the department has issued
its notice of intent and the matter has been forwarded
to the Division of Administrative Hearings, the local gov-
ernment proposing the amendment may demand formal
mediation or the local government proposing the
amendment or an affected person who is a party to the
proceeding may demand informal mediation or
expeditious resolution of the amendment proceedings
by serving written notice on the state land planning
agency, all other parties to the proceeding, and the
hearin9 officer,
(b) Upon receipt of a notice pursuant to paragraph
(a), the hearing officer shall set the matter for final hear-
ing no more than 30 days after receipt of the notice,
Once a final hearing pursuant to this paragraph has
been set, no continuance in the hearing, and no addi
tional time for post-hearing submittals, may be granted
without the written agreement of the parties absent a
finding by the hearing officer of extraordinary circum-
stances. Extraordinary circumstances do not include
matters relating to workload or need for additional time
for preparation or negotiation
(c) Absent a showing of extraordinary clrcum
stances, the Administration Commission shall issue a
final order, in a case proceeding under this subsection,
within 45 days after the issuance of the recommended
order, unless the parties agree in writing to a longer
time.
163.3191 Evaluation and appraisal of comprehen-
sive plan.-
(1) The planning program shall be a continuous and
ongoing process. The local planning agency ahal[ pre
pare periodic reports on the comprehensive plan, which
shalt be sent to the governing body and to the state land
planning agency at least once every 5 years after the
adoption of the comprehensive plan Reports may be
transmitted at lesser intervals as may be required or
upon request of the governing body, It is the intent of
this act that adopted comprehensive plans be periodi-
cally updated as provided by this section through the
evaluation and appraisal report. The evaluation and
appraisal report process shall be the principal process
1or updating local comprehensive plans to reflect
changes in state policy on planning and growth man-
agement.
(d) The extent to which unanticipated and unfore-
seen problems and opportunities occurred between
date of adoption and date of report.
(e) The effect on the comprehensive plan of
changes to: the state comprehensive plan, the require
merits of this part, the minimum criteria contained in
chapter 9J 5, F.A.C., and the appropriate strategic
regional policy plan.
(f) The identification of any actions that are taken or
need to be taken to address the planning issues identi-
fied in the report.
(g) Proposed or anticipated plan amendments nec-
essary to address or implement the identified changes.
(h) A description of the public participation process
used by the local 9overnment in preparing the report,
(3) The report shall also suggest changes needed to
update the comprehensive plan, or elements or portions
thereof, including reformulated objectives, policies, and
standards, Local governments are encouraged to use
the report process to develop a local vision that could
serve as one basis for revision ot the local comprehen-
sive plan consistent with the requirements of this act,
(4) The governing body shall adopt, or adopt with
changes, the report or portions thereof within 90 days
after receiving it from the local planning agency. The
govermng body shall amend its comprehensive plan
based on the recommendations contained in the
adopted eva~uation and appraisal report, pursuant to the
procedures in ss. 163,3184, 163,3187, and 163.3189
Amendments to the plan and the adoption of the report
may be simultaneous. When amendments to the plan do
not occur simultaneously with the adoption of the evalu-
ation and appraisal report, the report shall contain a
schedule for adoption of proposed amendments within
1 year after the report is adopted, except that the state
land planning agency may grant a 6-month extens,on
for adoption of such plan amendments if the request is
iustified by good and sufficient cause as determined by
the agency. The report shall be transmitted to the state
land planning agency, with the related amendments
when the amendments are transmitted pursuant to s.
163.3164.
(5) The first periodic report for each local govern-
ment shall be prepared not later than 7 years after the
adoption of the comprehensive plan. Every other per~
odic report shall be prepared not more than an addi-
tional 5 years thereafter,
(6)(a) The report shall include findings and recom
mendations with respect to the requirements of subsec
tions (2) and (3).
1241
Ch, 166
MUNICIPALITIES
F.S. 1995
-i
(6) The governing body of a municipality may require
that any person within the municipality demonstrate the
existence of some arrangement or contract by which
such person will dispose of solid waste in a manner
consistent with the ordinances of the county or munici-
pality or state or federal law. For any person who will pro-
duce special wastes or biomedical waste, as the same
may be defined by state or federal law or county or city
ordinance, the municipality may require satisfactory
proof of a contract or similar arrangement by which spe-
cial or biomedical wastes will be collected by a qualified
and duty licensed collector and disposed of in accord-
ance with the laws of Florida or the Federal Government.
(7) Notwithstanding the prohibition against extrs
compensation set forth in s. 215.425. the governing
body of a municipality may provide for an extra compen-
sation program, including a lump-sum bonus payment
program, to reward outstanding employees whose per-
formance exceeds standards, if the program provides
that a bonus payment may not be included in an employ-
ee's regular base rate of pay and may not be carried for-
ward in subsequent years.
(8) Entities that are funded wholly or in pad by the
municipality, at the discretion of the municipality, may
be required by the mumcipaiity to conduct a perform-
ance audit paid for by the municipality. An entity shall
not be considered as funded by the municipaJity by vir-
tue of the fact that such entity utilizes the municipality
to collect taxes, assessments, fees, or other revenue. If
an independent special district receives municipal funds
pursuant to a contract or interlooal agreement for the
purposes of funding, in whote or in part, a discrete pro-
gram of the district, only that program may be required
by the municipality to undergo a performance audit.
166.031 Charter amendments,--
(1) The governing body of a municipality may, by
ordinance, or the electors of a municipality may, by peb-
tion signed by 10 percent of the registered electors as
of the last preceding municipal general election, submit
to the electors of said municipality a proposed amend-
ment to its charter, which amendment may be to any
part or to all of said charter except that part describing
the boundaries of such municipality. The governing
body of the mumcipality shall place the proposed
amendment contained in the ordinance or petition to a
vote of the electors at the next general election held
within the municipality or at a special election called for
such purpose.
(2) Upon adoption of an amendment to the charter
of a municipality by a majority of the electors voting in
a referendum upon such amendment, the governing
body of said municipality shall have the amendment
incorporated into the charter and shall file the revised
charter with the Department of State. All such amend-
ments are effective on the date specified therein or as
otherwise provided in the charter.
(3) A municipality may amend its charter pursuant to
this section notwithstanding any charter provisions to
the contrary. This section shall be supplemental to the
provisions of ali other laws relating to the amendment of
municipal charters and is not intended to diminish any
substantive or procedural power vested in any munici-
pality by present law. A municipality may, by ordinance
and without referendum, redefine its boundaries to
include only those lands previously annexed and shall
file said redefinition with the Department of State pursu.
ant to the provisions of subsection (2).
(4) There shall be no restrictions by the municipality
on any employee's or employee group's political activity,
while not working, in any referendum changing
employee rights.
(5) A municipality may, by unanimous vote of the
governing body, abolish municipal departments pro-
vided for in the municipal charter and amend provisions
or language out of the charter which has been judicially
construed, either by judgment or by binding legal prece-
dent from a decision of a court of last resort, to be con-
trary to either the State Constitution or Federal Constitu-
tion.
(6) Each municipality shall, by ordinance or charter
provision, provide procedures for filling a vacancy in
office caused by death, resignation, or removal from
office. Such ordinance or charter provision shall also pro-
vide procedures for filling a vacancy in candidacy
caused by death, withdrawal, or removal from the ballot
of a qualified candidate following the end of the qualify-
~ng period which leaves fewer than two candidates for
an office.
166.032 Electors.--Any person who is a resident of
a municipality, who has qualified as an elector of this
state, and who registers in the manner prescribed by
general law and ordinance of the municipality shall be
a qualified elector of the municipality.
~166.041 Procedures for adoption of ordinances
and resolutions,--
(1) As used in this section, the following words a
terms shall have the following meanings unless some
other meaning is plainly indicated:
(a) "Ordinance" means an official legislative action of
a governing body, which action is a regulation of a gen-
eral and permanent nature and enforceable as a local
ness of the governing body
(2) Each ordinance or resolution shall be introduced
in writing and shall embrace but one subject and m~t-
ters properly connected therewith. The subject shall be
clearly stated in the title. No ordinance shall be revised
or amended by reference to its title only. Ordinances to
a section or subsection.
(3)(a) Except as provided in paragraph (c), a prO-
posed ordinance may be read by title, or in full on at
least 2 separate days and shall, at least 10 days prior !o
1288
culation in tt
enactment st
meeting; the
the place or
proposed of(
The notice st
~ppear at th(
proposed on
(b) The e
two--thirds v~
complying w
subsection.
[ution shall b
~ctua[ zonin
land or that
tional, or p
Emergency
adopted pu
Suant to th~
2(c) Ordi
ity that cha
parcel or p
paragraph ~
permitted,
lng categof
that chang'
cel or parc
following P
f. ~n
changes tt
or parcels
acres, the
governing
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enactmer
known by
The notic
ordinance
a time ant
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prior to tf
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during th
clerk of t
hold a p~
may, up(
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land inw
ing bod~
follows:
tised p~
day, un~
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lished. '
after th
days p
~ MUNICIPALITIES Ch. 166
to'diminish any
t in any munici.
y, by ordinance
boundaries to
~exed end shall
of State pursu.
he municipal b/
~olitical activ t7
um changing
,us vote of the
~artments pro.
~end provisions
been judicially
ing legal prece-
sort, to be con.
~deral Constitu.
mca or charier
I e vacancy ~1
removal from
1 shad also pro.
in candidacy
from the ballot
I of the qualify.
candidates for
is a resident of
elector of this
prescribed by
;pality shall be
ordinances
lng words and
; unless some
lalive action of
~tion of a gen-
,ble as a local
)n, an expres-
on for the dis- i
~istrative
be introduced
~ject and mat-
~bject shall be
~alr be revised'
3rdinanceS to
~e revised
~h (c), a
· in full,
cula ion ~n the mumcipality. The notice of proposed
enactment shall state the date, time, and place of the
meeting; (he title or ~itles of proposed ordinances; and
the place or places within the municipality where such
proposed ordinances may be inspected by the public.
The notice shall a~so advise that interested parties may
appear at the meeting and be heard with respect to the
proposed ordinance, f a
(b) The governing body o municipality may, by a
~o-thirds vote, enact an emergency ordinance without
compying with the requirements of paragraph (a) of this
subsection. However, no emergency ordinance or reso-
lution shall be enacted which establishes or amends the
actual zoning map designation of a parcel or parcels of
lacd or that changes the actual list of permitted, condi-
tional, or prohibited uses within a zoning category.
Emergency enactment procedures for land use plans
adopted pursuant to part II of chapter 163 shall be pur-
suant to that part.
~{c) Ordinances initiated by other than the municipal-
it,/tha~ change the actual zoning map designation of a
parcel or parcels of land shall be enacted pursuant to
paragraph (a). Ordinances that change the actual list of
permitted, conditional, or prohibited uses within a zon-
ing category, or ordinances initiated by the municipality
that change the actual zoning map designation of a par-
cel or parcels of land shall be enacted pursuant to the
following procedure:
1. In cases in which the proposed ordinance
changes the actual zoning map designation for a parcel
or parcels of land involving less than 10 contiguous
acres, the governing body shall direct the clerk of the
governing body lo notify by mail each real property
owner whose land the municipality will redesignate by
enactment of the ordinance and whose address is
known by reference to the latest ad valorem tax records.
The notice shall state the substance of the proposed
ordinance as it affects that property owner and shall set
a time and place for one or more public hearings on such
ordinance. Such notice shall be given at least 30 days
prior to the date set for the public hearing, and a copy
of the notice shall be kept available for public inspection
during the regular business hours of the office of the
clerk of the governrng body. The governing body shall
hold a public hearing on the proposed ordinance and
may, upon the conclusion of the hearing, immediately
adopt the ordinance.
2. In cases in which the proposed ordinance
C~anges the actual list of permitted, conditional, or pro-
hibited uses within a zomng category, or changes the
actual zoning map designation of a parcel or parcels of
ta~d involving 10 contiguous acres or more, the govern-
,~g body shall provide for public notice and hearings as
follows:
a. The local governing body shall hold two adver-
tised public hearings on the proposed ordinance. At
least one hearing shall be held after 5 p.m. on a week-
~ay, unless the local governing body, by a majority plus
o~e vote, elects to conduct that hearing at another time
o~ day. The first public hearing shall be held at least 7
days after the day that the firs1 advertisement is pub-
kst~=,d. The second hearing shall be held at least 10 days
miter the first hearing and shall be advertised at least 5
days pnor to the public hearing.
b. The required advertisements shall be no less
than 2 columns wide by 10 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 por-
tion of the newspaper where legal notices and classified
advertisements appear. The advertisement shall be
placed in a newspaper of general paid circulation in the
municipality and of general interest and readership ~n
the municipality, not one of limited subject matter, pur-
suant to Chapter 50, It is the legislative intent that, when-
ever possible, the advertisement appear in a newspaper
that is published at least 5 days a week unless the only
newspaper in the municipality is published less than 5
days a week. The advertisement shall be in substantially
the following form:
NOTICE OF (TYPE OF) CHANGE
The i~e ol !oct[i Qovernn'~¢[aJ unitl proposes to adopt the
following ordinance: fti[le~f [neordinencel
A public hearing on the ordinance will be held on (date
and lime/ at ~.
Except for amendments which change the actual list of
permitted, conditional, or prohibited uses within a zon-
ing category, the advertisement shall contain a geo-
graphic location map which clearly indicates the area
covered by the proposed ordinance. The map shall
include major street names as a means of identification
of the general area.
c. In lieu of publishing the advertisement set out in
this paragraph, 1he municipality may mail a notice to
each person owning real property within the area cov-
ered by the ordinance. Such notice shall clearly explain
the proposed ordinance and shall notify the person of
the time, place, and location of any public hearing on the
proposed ordinance.
(4) A majority of the members of the governing body
shall constitute a quorum. An affirmative vote of a major-
ity of a quorum present is necessary to enact any ordi-
nance or adopt any resolution; except that two-thirds of
the membership of the board is required to enact an
emergency ordinance. On final passage, 1he vote of
each member of the governing body voting shall be
entered on the official record of the meeting. All ordi-
nances or resolutions passed by the governing body
shall become effective 10 days after passage or es oth-
erwise provided therein.
(5) Every ordinance or resolution shall, upon its final
passage, be recorded in a book kept for that purpose
and shall be signed by the presiding officer and the clerk
of the governing body.
(6) The procedure as set forth herein shall constitute
a uniform method for the adoption and enactment of
municipal ordinances and resolutions and shall be taken
as cumulative to other methods now provided by/aw for
adoption and enactment of municipal ordinances and
resolutions. By future ordinance or charter amendment,
a municipality may specify additional requirements for
the adoption or enactment of ordinances or resolutions
or prescribe procedures in greater detail than contained
herein. However, a municipality shall not have the power
1289
Ch. 166
MUNICIPALITIES
F.S, 1995
or authority to lessen or reduce the requirements of this
section or other requirements as provided by general
law.
(7} Five years after the adoption of any ordinance or
resolution adopted after the effective date of this act, no
cause of action shall be commenced as to the validity
of an ordinance or resolution based on the failure to
strictly adhere to the provisions contained in this sec-
tion, After 5 years, substantial compliance with the provi-
sions contained in this section shall be a defense to an
action to invalidate an ordinance or resolution for failure
to comply with the provisions contained in this section.
Without limitation, the common law doctrines of laches
and waiver are valid defenses to any action challenging
the validity of an ordinance or resolution based on failure
to strictly adhere to the provisions contained in this sec-
tion. Standing to initiate a challenge to the adoption of
an ordinance or resolution based on a failure to strictly
adhere to the provisions contained in this section shall
be ~imited to a person who was entitled to actual or con-
structive notice at the time the ordinance or resolution
was adopted, Nothing herein shall be construed to
affect the standing requirements under part II of chapter
163,
(8) The notice procedures required by this section
are established as minimum notice procedures.
166.0415 Enforcement by code inspectors; cita-
tions.-
(1) The governing body of each municipality may
designate its agents or employees as code inspectors
whose duty it is to assure code compliance. Any person
designated as a code inspector may issue citations for
violations of municipal codes and ordinances, respec-
tively, or subsequent amendments thereto, when such
code inspector has aatual knowledge that a violation
has been committed.
(2) Prior to issuing a citation, a code inspector shall
provide notice to the violator that the violator has com-
mitted a violation of a code or ordinance and shall estab-
lish a reasonable time period within which the vioIator
must correct the violation, Such time period shall be no
more than 30 days, If, upon personal investigation, a
code inspector finds that the violator has not corrected
the violation within the time period, the code inspector
may issue a citation to the violator. A code inspector
does not have to provide the violator with a reasonable
time period to correct the violation prior to issuing a cita-
tion and may immediately issue a citation if the code
inspector has reason to believe that the vioIation pres-
ents a serious threat to the public health, safety, or wet-
fare, or if the violation is irreparable or irreversible.
(3) A citation issued by a code inspector shall state
the date and time of issuance; name and address of the
person in violation; date of the violation; section of the
codes or ordinances, or subsequent amendments
thereto, violated; name of the code inspector; and date
and time when the violator shall appear in county court.
(4) Nothing in this section shall be construed to
authorize any person designated as a code inspector to
perform any function or duties of a law enforcement offi-
cer other than as specified in this section. A code
inspector'shall not make physical arrests or take any
person into custody and shall be exempt from require-
ments relating to the SpeciaI Risk Cfass of the FIonda
Retirement System, bonding, and the Criminal Jusbce
Standards and Training Commission, as defined and
provided by general taw.
(5) The provisions of this section shall not apply to
the enforcement pursuant to ss. 553.79 and 553.80 of
building codes adopted pursuant to s. 553.73 as they
apply to construction, provided that a building pe?it~i~
either not required or has been issued by the murecipe ·
ity. For the purposes of this subsection, .building ~c:o~d~e~
means only those codes adopted pursuant to s. ~.~,¢.- ·
(6 The provisions of this section may be used l~y e
municipality in lieu of the prov s ohs of part Il of chapter
t6~) The provisions of this section are
supplemental means of enforc ng municipal couu
ordinances, Except as provided in subsection (6), noth
1290
F.S_~__1995
lng in this se
enforcing its c
166.042 L(
(1) It is the
tar 73-129, Ls
172, 174, 176,
shall not be in
municipal offic
tion of constit(
intent to race
powers in mL
finds that this
of legislative c
legislative iht
exercise all pr
ties by the ch~
tar exercise ti
ject only to th
to prescribe,
(2) Nothir
of Florida, sl
against a mA
bonds or obli!
chapters enu
~166.0425
78-8. Laws o
rights and p
establish si9
shall not cor
laws.
~166,043
tmls; finding
(1)ia) Ex,
municipality,
adopt or mai
has the after
business act
'specifically ~
(b) The I
the enactm(
rates other~
sewer; solid
lng of vehicl
age of wrec
event the o
able, leaves
law enforce~
not Consent
(2) No It
Would have
be adopted
herein and L
at[er provid
Proper to r
which is so
the general