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Agenda Item 8EAGENDA ITEM # 8E SEPTEMBER 24, 2012 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Advisory to amend Section 24 -51 of the Land Development Regulations, to clearly delineate minimum public hearing and notice requirements for all types of land use requests, as provided by applicable Florida statutes, and to ensure consistency with the provisions of nearby beach cities, particularly Jacksonville Beach and Neptune Beach; to amend Section 24 -69(a) of the Land Development Regulations, to increase the fee for variance and waiver requests to more adequately cover the costs associated with addition of required published and mailed notices, and to ensure consistency with the fees of nearby beach cities, particularly Jacksonville Beach and Neptune Beach. SUBMITTED BY: Erika Hall Principal Planner DATE: September 13, 2012 BACKGROUND: Public hearings are integral to due process related to applications that seek relief from or propose changes to land uses and development standards. Florida statutes provide very specific directions as to how and when public hearings should be held, and how and when they are to be noticed, for both amendment of comprehensive plans and associated land use maps, and amendment of zoning and land use regulations, zoning maps and permitted uses. And though statutes, particularly Chapter 163, which is the Community Planning Act of 2010, and its former incarnation as the Growth Management Act of 1985, prescribe public hearings for requests for variances or -waivers from adopted land development regulations and exceptions to permissible uses, the timing and method of notice for those particular hearings is not as clearly defined. Provisions for notices of this type of public hearing, resulting in a development orders rather than ordinances, have been left to the design of individual municipalities. Historically, the City of Atlantic Beach has complied with the basic requirements that include both posting of meeting agendas on the city bulletin board and posting of notification signs on the subject property at least one week prior to the actual hearing. However, many municipalities, Jacksonville Beach and Neptune Beach included, are more aggressive in giving notice of public hearings, publishing notices in the local newspaper and /or sending letters of notification to adjacent property owners within a certain radius of the subject property. In light of this, and in an effort to encourage transparency and increased levels of public participation in the governance of the city, the Commission requested that staff draft revisions to section 24 -51 that would make public hearing and notice requirements for Atlantic Beach consistent with the other beach cities. The presented strike - through and underline draft does so, and the accompanying chart summarizes the proposed revisions, as compared to the currently adopted regulations of Atlantic Beach, Jacksonville Beach, Neptune Beach, as well as the provisions of Chapter 163, F.S. as described above, and Chapter 166, F.S. (specifically the subsection having to do with public hearings and notification for municipal ordinances). Additionally, section 24 -69(a) is revised to increase the fee for variance and waiver applications from $150 to $250, in order to cover the added costs associated with published and mailed notices. This amount is consistent with the fee charged by the other beach cities. September 24, 2012 regular meeting AGENDA ITEM # 8E SEPTEMBER 24, 2012 The Community Development Board, at a public hearing held on August 21, 2012, reviewed this strike - through and underline draft, finding it to be consistent with both statutory requirements and the provisions of neighboring beach cities as described above, and unanimously recommended approval of the proposed changes. RECOMMENDATION: Review revisions as recommended by the Community Development Board and authorize an amending ordinance to be drafted and scheduled for first reading at the next Commission meeting. ATTACHMENTS: Strike - through /underline draft of section 24 -51, section 24 -69(a) "Public Hearings Notice Requirements Comparison" chart Draft minutes of the August 21, 2012 CDB meeting BUDGET: No budget issues. REVIEWED BY CITY MANAGER: 2 September 24, 2012 regular meeting AGENDA ITEM # 8E SEPTEMBER 24, 2012 SECTION 24 -51. NOTICE OF PUBLIC HEARINGS a(j ° ed—v Amendment to the text of the adopted comprehensive plan, future land use map s_ eries or site- specific comprehensive plan amendments 1 Pub lic hearings. The local planning agency and the local governing body each shall hold at least orie (1) public hearing on a proposed amendment to the text of the adopted comprehensive plan, the future land use m series or a site - specific comprehensive plan amendment prior to transmittal of the proposed amendment to the state planning agency pursuant to Florida Statutes, §163.3184. Upon receipt of written comments from the state planning agency, the local governing body shall hold at least one (1) additional public hearing to adopt the proposed amendment, adopt the amendment with changes or not adopt the amendme Both the local olanning agency and the local governing bodV_ public _ hea held at the transmittal stage shall be held on a weekday at least ten (10) days after notice is published pursuant to the requirements specified in subsection (a)(2) below, and the local governing body public hearing held at the adoption stage shall be held on a weekday at least ten (10) days after the second notice is published pursuant to the requirements specified in subsection (a)(2} below. Statutes §163.3134 anci §166.041, unless otherwise specified. a Published notice. At least ten (10) calendar days prior to each public hearing held by either the local planning agency or the local governing body, the city manager or designee shall have published an advertisement giving notice of the oublic hearing. The required published notice shall be no less than one - quarter (%} page in a standard size or a tabloid size newspaper and the headline of the notice sh all be in a type no smaller than eighteen (18} point. The notice shall not be placed in that portion of the newspaper where legal notices and classified AGENDA ITEM # SE SEPTEMBER 24, 2012 advertisements appear. Th notice shall be published in a newDApeer of ge neral paid circulation in the city and of general interest and readership in the community, not one of limited subject matter, pursuant to Florida Statutes Chapter 50. Wheneve possible, the notice shall appear in a newspaper that is published at least five (5) workinE days a week unless the only newspaper in the city is published less frequently. The notice shall be in substantially the followinE form: AGENDA ITEM # 8E SEPTEMBER 24, 2012 NOTICE OF CHANGE OF LAND USE The C and within the area shown in the mal� in this n ®tics. A ��blic h�arin on the proposal will be held on (date and tirnel at lace 1. The notice shall also contain a geographic location map which clean indieates the area covered b the ro osal. The ma shall include ma'or street names as a means of identification of the are The notice shall also state the places within the boundary of the City of Atlantic F3each where the proposed amendment may be inspected p notice shall also advise th interested parties may appear at the meeting and be heard re�ardin� the tra nsmittal or ado tio� n ©f the amendment. b Mailed notice. At least thirty (30Lcalendar days prior to each public hearing, the city manager or designee shall provide notice by mail of each public hearing to each real prop owner whose land is subject to the amendment, and to all owners of real property within three hundred (300} feet of the periphe of the subject property, whose names and addresses are known by reference to the latest ad valorem tax records published by the county property appraiser. The notice shall state the substance of the proposed amendment as it affects that property owner and shall set a time and place for one or more public hearings on such amendment. A copy of the notice shall be i <ept available for public inspection during the regular business hours of the office of the clerk of the governing body. c. Posted notice. At least seven (7) calendar days prior to each public hearing, a sign identifyi the request inciudin datetime and location of the public hearing, s hall be posted on the subject parcel. Such sign shall be erected in full view of the public street. Where the property sublect to the request does not have frontage on a public street a sign shall be erected at the nearest public right -of -way with an attached notation indicating the general direction and distance to the land subject to the application. Sign ns) shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with thi requirement, nor shall it be grounds to challenge the validity of any decision made by the local planning agency or the local governing body. AGENDA ITEM # 8E SEPTEMBER 24, 2012 d�— LbL PvbU hed neti Amendmen to t he text of the land development re gulations, inclydinq revisions to the list of permitted cond the official zonin map (1) Public hearings. — The local planning agency shall hold one (1) public hearing and the local governing body shall hold two (2) public hearings on a proposed amendment that changes the official zoninemap, or that changes the text of the land development regulations, including revision to the list of permitted conditional or prohibited uses within a zoning categor The second public hearing before the local governing body shall be held approximately two (2� weeks after the first public hearing. The day time, and dace at which the second hearing before the local governing bodwill be held shall be announced at the first public hearing. The public hearings shall be held after 5:00 p.m. on a weekday. otherwise specified. a. Published notice. At least ten (10) calendar days prior to each public hearing held by either the local plannin�ency or the local governing body, the city manager or designee shall have published an advertisement giving notice of the public hearing. The required published notice shall be no less than two (2) colum wide b ten 10 i nches long in a standard size or a tabloid size newspaper, and the headline of the notice shall be in a type no smaller than eighteen (1S oint. The notice shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The notice shall be published in a newaper of ge paid circulation in the city and of general interest and readership in the community not one of limited subject matter. The notice shall state the date time place of the public hearing the subject of the meeting, and the place or�laces within the boundaries of the city where the proposed amendment may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard re garding the amendment. 1. Published notices for amendments to the official zoning map shall be in substantially the following form: AGENDA ITEM # 8E SEPTEMBER 24, 20] 2 NOTICE OF ZONING CHANGE nce No. rezonin and tIme at meetin lace The notice shall also contain aeoraphic location map which clear) indicates the area covered by the proposed ordinance. The map shall include major s names as a means of identification of the area. 2. Published notices for amendments to the text of the land development regulations t change the actual list of permitted, con shall be in substantially the following form: NOTICE OF ZONING CODE RE ULATIQNI TE1fT CLIA E nce . amending the text of the _zoriin code land ect the land located within the area shown in the man of this A public hearing ors the propa�sed text change ill be held �r� (date and time at (meetin place). The notice shall also contain aeoraphic location map which clearly indicates the area covered by the proposed ordinance. The map sh atl include major street names as a means of identification of the area. 3. Published notices for amendments to the text of the land development regulations that do not change the actual list of permitted, conditional or prohibited uses within a zoning category shall be advertised as follows. At least ten (l0Lcalendar days but not more than thirty (30) calendar days in advance of each public hearing, the_city manager or designee shall have published a notice of such hearing in a newspaper of general circulation in the city. The notice of public hearing shall state the date, time and .dace of the meeting, the application number or the title of the proposed ordinance, and the place or places where such application or proposed ordinance may be insp ected by the public. The notice sh also advise that interested AGENDA ITEM # 8E SEPTEMBER 24, 2012 parties may appear at the hearing and be heard with r espect to the application or proposed ordinance. b. Mailed notice. At least thirty (30) calendar days prior to each publi hearing, the city manager or designee shall provide notice by mail of each public hearing to each real property owner whose land is subject to the amendment, and to all owners of real property within three hundred (300 feet of the periphery of the sub�ct property whose names and addresses are known by reference to the latest ad valorem tax records published bV the c rp operty appraiser. T he notice shall state the substance of the application or proposed ordinance as it affects that property owner_and shall set a time and place for one or more public hearings on such ordinance. 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 governing body. c. Posted notice. A least seven (7) calendar days prior to each public hearing, a sign identifying the request, including date, time and location of the public hearing, shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land sublect to the application. Where the property subject to the request does not have frontage on a public street a sign shall be erected at the nearest public right - of -way with a n attached notation indicating the general direction and distance to the land sublect to the application. Signs) shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deeme a failure to comply w this requirement, nor shall it be grounds to challenge the validity of any decision made bar the local planning agency or the local governing body. cj_)_ ��s¢edRepuest for variance from or waiver of land development regulation t & Notice. AGENDA ITEM # 8E SEPTEMBER 24, 2012 a. Published notice. At least ten ( 10) calendar days prior to each public hearing, the_ city manager or designee shall have published an advertisement giving notice of the public hearing in a newspaper of general circulation in the City of Atlantic Beach. The notice of the public hearing shall state the date, time and place of the public hearing, and the place where such application may be inspected by the�ublic. The notice shalt also advise that interested parties may appear at the public hearing and be heard with respect to the application. b. Mailed notice. At least thirty (30) calendar days prior to each public hearing, the city manager or desi shalrovide notice by mail of the}aublic hearing to all property owners within three hundred (300) feet of the subject property, whose names and addresses are known by reference to the latest ad valorem tax records published by the county property appraiser. The notice shall state the substance of the application and shall set a tirne and place for the public hearing. A co y of the notice shale be kept available f or public inspection during the regular business hours of the office of the clerk of theovernin body. -a- Posted notice. At least seven (7) calendar days_prior to each public hearing, a sign identifying the request, including date, time and location of the public hearing, shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the application. UVhere the property subject to the request does not have frontage on a public street a sign shall be erected at the nearest public right - o f- way ith an attached notation indicating the direction and distance to the land subject to the application. Signs shall be removed after a decision is rendered on the application. The failure of any such posted notice sign to remain in place after the notice has been �aosted shall not be deemed a failure to comply with this requirement nor shall it be grounds to challenge the validity of any decision made by the local planning agency o r the local governing body• LL ,p;e-�ive ;-,®� �Request for use -by- exception " iti^ � "'r " ^n N' �° I 5 r6 in m rd m ti ttPi k 1mr4.-34Q44 ci d" A to e j1� Public hearings. The locallanning agency and the local governing body shall each hold one (1� public hearing on use -b�- exception applications. Notice. a. Published notice. At least ten (10) calendar days prior to each public hearing, the city manager or designee shall have published an advertisement giving notice of the public hearing in a newspa aver of general circulation in the City of Atlantic Beach. The notice of the public hearin shall state the date time and AGENDA ITEM # 8E SEPTEMBER 24, 2012 d ace of the public hearing, and the place where such application may be inspected by the public. The notice shall also adv that interested partie may appear at the public hearing and be heard with respect to the application. b. Mailed notice. At least thirty (30) calendar days prior to each public hearing, the city manager or designee shall provide notice by mail of the public hearing to all property owners within three hundred (300) feet of the subject property, whose names and addresses are known byreference to the latest ad valorem tax records published by the c ounty property appraiser. The notice shall state the substance of the application and shall set a time and place for the public hearing. A cogy of the notice shall be kept available for public ins ection during the regular business hours of the office of the clerk of the governing body. . -c. Posted notice. At least seven (7) days prior to each public hearing a sign identifying the request, including date time and location of the qubHcc hearing shall be posted on the subject parcel. Such sign shall be erected in full view of the public street on each street side of the land subject to the appl ication. Where the property subject to the request does not have frontage on a public street, a sign shall be erected at the nearest public right - of -way with an attached notation indicating the general direction and distance to the land subject to the application. Signs) shall be removed after a decision is rendered on the agplication. The failure of any such posted notice sign to remain in place after the notice has been posted shall not be deemed a failure to comply with this requirement nor shall it be grounds to challenge the validity of any decision made by the local planning agency or the local governing body. (e� Contest. If no aggrieved gamy does contest the issue of proper notice within thirty (30) days of the city commission renderi of it s decision then notice shall be deemed to be in compliance with this section. AGENDA ITEM # 8E SEPTEMBER 24, 2012 SECTION 24 -69. FEES Pursuant to subsection 24- 46(e), the City Commission for the City of Atlantic Beach hereby establishes the following fees related to the administrative costs of carrying out the requirements of this chapter and also to cover the costs for planning, zoning, engineering, utility, and specific use reviews. These fees shall be payable to the city at the time such application or request is filed. Applications for planning and zoning related requests shall not be considered as complete applications until such time as required fees have been paid in full. Fees for specific use verified complaint -based and permit reinstatement reviews must be paid prior to scheduling of subsequent compliance inspections. Fees as required by this section are not refundable. (a) Planning and zoning fees. (1) Appeals $ 50.00 (2) Determination of vested rights $ 50.00 (3) Change in zoning district classification $500.00 (4) Use -by- exception $250.00 (5) Zoning variance or waiver $0250.00 (6) Development review a. Single- and two family uses $ 50.00 b. Multi- family uses, per dwelling $100.00 c. Commercial and industrial uses $300.00 d. Public and institutional uses $300.00 e. Landscape plan $100.00 (7) Subdivision a. Application for waiver $250.00 b. Application for re -plat $250.00 c. Preliminary plat review $250.00 d. Final plat review (plus recording fees) $100.00 (8) Comprehensive plan amendment a. Less than ten (10) acres $250.00 b. 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