Agenda Item 7AAl END„A 11.'-iir::: M.
NOV E NI I) ER. t„ 3 , 10 I 2
Cirrli OF AT .ANTIC .BEACTI
CITY COM ""......ISSION :MEETING".
STAFF REPORT
AGENDA TEEM.: .1,?i,iblic,flearing and Second and. Finid Read in of proposed Ordinance, No, 90-
12.-215 to amend Section. 24-51 of the Land ,Developinent Regulations, to
provide Ibr public notice require,ments fin City Coinnlission. and Cornmimity
Developinent Board public benrings
SUBMITTED BY: ,Michael Griffin, CBG, ChM, Buddin.g and Zoning ,Director
Erika Halt, Princiiltal Phinner e.','''
DATE: October 30, 2012..
13ACKGROUNI/: ()a October 22, 2012, the City Commission heard on First ,Readin.g and 1..‘hililic
filcaring Ordinance No, 90-12-215, and approval withthe fOlkiwing ding e; Th sur.rounding
properly owner notice is ',reduced to those .properties $vititin three ,hundred (30(1) .1.'`ect of lite subject
property. Additionally, the Conunissionrequested that fees be sufficient to cover casts .for processing
applications„ Attached. eal CU I at i 0 us .dernonstratc the estinaated average cost ;for proces 8i .11g M.
application requiring a single meeting is $177.741, and $33T94 for .an application requiring two
incetings, Tlierelbre application tees of S250.00 and $350.00, 1"br. variance .a.nduseby-excention
applications, respectively, should be .sufficient.. Please note that staff time spent consulting svith.
applicant, reviev,,,,ing applications and. preparing for public hearings is not included in the cost
calculatitxls.
The Commission tray wish to consid.er reducing the number of hearings required, for use -by -
exception applications, which. are :currently heard first by the ('ornmunity 1,..)evelopment Board. ,for
reconuriendanon, and then by the Commission ,for .Ina 1 approval, "TIN addition of published. and.
mailed notification faurteen (14) days in advance of each hearing both pushes back 11n tn
submittal deadline in order to he scheduled :for the Community Developm..ent .Boattlagenda, and
pushes forward the first available Comniission agenda on 'whichan request can be scheduled,
The use -by -exception is a seven (7) vveek process„ though it could take 'longer during those inonths
with...five Mondays or if nMice requirements are not me in a timely manner. However, elimir,tation„ ,of
a second public hearing could cut the processitn.3 time to just over three fd) weeks.
R.ECOMMEN,DATION: IVIotion, to approve on Second and Final Reading of Orditiance 90-12-
21 5...
ArfACIIMENTS Proposed Ordinance No, 9()-12-215
Estimated Costs i'f',.7a,t” ,1:lublie Notices
BUDGET: 1.Fec., schedule (Section 24-69) is ,•adiusted for ,applicanonprocessing
costs, including new notification requirements,
REVIEVVE,D BY CITY MAAALitit
No vember 1 3, .201 2 .regu, I ar HI ce tin
AGENDA ITEM # 7A
NOVEMBER 13, 2012
ORDINANCE NO. 90-12-215
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 24, LAND DEVELOPMENT REGULATIONS,
ARTICLE III, ZONING REGULATIONS, SEC. 24-51, NOTICE OF PUBLIC
HEARINGS, AND SEC. 24-69, FEES, AND PROVIDING AN EFFECTIVE
DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Sec. 24-51 and Sec. 24-69 of the Code of Ordinances of the City of Atlantic
Beach, Florida, are hereby amended to read as follows:
"SECTION 24-51. NOTICE OF PUBLIC HEARINGS
In addition the applicable requirements of Section 166.041, Florida Statutes, related to the
rtNotice of all public hearings - - - .4,1; - - • - . • - - • - -
required under these land
development regulations shall be met. provided The following shall be considered as minimum
notice requirements: by the city manager or designee in accordance with the following
provisions:
(a) Mailed notice. Amendments to the text of the adopted comprehensive plan, future land
use map series, or site-specific comprehensive plan amendments:
(1) Public hearings. The local planning agency and the local governing body each
shall hold at least one (1) public hearing on a proposed amendment to the text of the
adopted comprehensive plan, the future land use map 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 amendment.
Both the local planning agency and the local governing body public hearing 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.
(2) Notice. Not less than fifteen (15) days prior to the public hearing at which an
application for a change in zoning district classifica
party other than the City of Atlantic B uch, th
AGENDA ITEM # 7A
NOVEMBER 13, 2012
all boundaries of the property sought to be rezoned shall be notified in writing. For the
purpose of mailed notices to adjoining owners, the names, addresses, and legal
descriptions shall be provided by the applicant and shall be those listed on the most
- - - - All notices regarding the amendment process,
including public hearings, for comprehensive plans shall be as required by Florida
Statutes, §163.3184 and § 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 public hearing.
The required published notice shall be no less than one-quarter (1/4) page in a
standard size or a tabloid size newspaper, and the headline of the notice shall 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 advertisements
appear. The notice shall be published in a newspaper of general 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. Whenever
possible, the notice shall appear in a newspaper that is published at least five (5)
working days a week, unless the only newspaper in the city is published less
frequently. The notice shall be in substantially the following form:
NOTICE OF CHANGE OF LAND USE
The City of Atlantic Beach proposes to change the use of land within
the area shown in the map in this notice.
A public hearing on the proposal will be held on (date and time) at
(place).
The notice shall also contain a geographic location map which clearly indicates
the area covered by the proposal. The map shall include major street names as a
means of identification of the area. The notice shall also state the places within
the boundary of the City of Atlantic Beach 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 regarding the transmittal or adoption of
the amendment.
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 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 subject property, whose names and addresses are known by reference to the
2
AGENDA ITEM # 7A
NOVEMBER 13, 2012
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 kept available for public
inspection during the regular business hours of the office of the clerk of the
governing body.
c. Posted notice. At least fourteen (14) 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. 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. Sign(s) 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 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.
(b) Published notice. Amendments to the text of the land development regulations including
revisions to the list of permitted, conditional or prohibited uses within a zoning category or the
official zoning 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 zoning map, or that changes the text of the land development
regulations, including revision to the list of permitted, conditional or prohibited uses
within a zoning category.
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 place at which the second
hearing before the local governing body will be held shall be announced at the first public
hearing. The public hearings shall be held after 5:00 p.m. on a weekday.
of general circulation.Notice. All notices regarding the amendment process, including
public hearings, for the official zoning map or the text of the land development
regulations, including revision to the list of permitted, conditional, or prohibited uses
3
AGENDA ITEM # 7A
NOVEMBER 13, 2012
within a zoning category, shall be in accordance with Florida Statutes, §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 public hearing.
The required published notice shall be no less than two (2) columns wide by ten
(10) inches 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 (18) point. 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 newspaper of general
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
places 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 regarding the amendment.
1. Published notices for amendments to the official zoning map shall
be in substantially the following form:
NOTICE OF ZONING CHANGE
The City of Atlantic Beach proposes to adopt Ordinance No.
rezoning (changing the permitted use of) the land within the area
shown in the map of this advertisement.
A public hearing on the rezoning will be held on (date and time) at
(meeting place).
The notice shall also contain a geographic 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 area.
2. Published notices for amendments to the text of the land
development regulations that change the actual list of permitted,
conditional, or prohibited uses within a zoning category shall be in
substantially the following form:
4
AGENDA ITEM # 7A
NOVEMBER 13, 2012
NOTICE OF ZONING CODE (LAND DEVELOPMENT
REGULATIONS) TEXT CHANGE
The City of Atlantic Beach proposes to adopt Ordinance No.
amending the text of the zoning code (land development
regulations). The amendment will affect the land located within the
area shown in the map of this advertisement.
A public hearing on the proposed text change will be held on (date
and time) at (meeting place).
The notice shall also contain a geographic 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 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 (10) calendar 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 place 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 inspected by the public. The
notice shall also advise that interested parties may appear at the public
hearing and be heard with respect to the application or proposed
ordinance.
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 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 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 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. At least fourteen (14) calendar days prior to each public
hearing, a sign identifying the request, including date, time and location of the
AGENDA ITEM # 7A
NOVEMBER 13, 2012
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. 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. Sign(s) 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 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.
(2)
(c) Sign-te-be-pestedRequest for variance from or waiver of land development regulations.
(1) Public hearings. Not less than seven (7) days prior to the public hearing at
which final action on any application for a variance, use by exception, or change in
zoning district classification or other action requiring notice to the general public, a sign
identifying the application, 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. Where the property that is subject of the application does not have frontage on a
- - , - - _ - - • - _ - The local
planning agency shall hold one (1) public hearing on applications for variances from land
development regulations, and the local governing body shall hold one (1) public hearing
on applications for waivers of land development regulations.
(2) 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 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 public. The notice shall also advise that interested parties may
appear at the public hearing and be heard with respect to the application.
b. Mailed notice. At least fourteen (14) 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 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 time and place for the public
•
6
AGENDA ITEM # 7A
NOVEMBER 13, 2012
hearing. 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.
a.c. Posted notice. At least fourteen (14) 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. 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. Sign(s) 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 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.
(d) Comprehensive plan amendmentsRequest for use -by -exception. Notice of public
with Section 163.3184(15), Florida Statutes.
(1) Public hearings. The local planning agency and the local governing body shall
each hold one (1) public hearing on use -by -exception applications.
(2) 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 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 public. The notice shall also advise that interested parties may
appear at the public hearing and be heard with respect to the application.
b. Mailed notice. At least fourteen (14) 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 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 time and place for the public
hearing. 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.
7
AGENDA ITEM # 7A
NOVEMBER 13, 2012
b.c. Posted notice. At least fourteen (14) 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.
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. Sign(s) 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 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 party contests the issue of proper notice within thirty (30) days
of the city commission rendering its decision, then notice shall be deemed to be in compliance
with this section.
(b) For applications and requests made to the Community Development Board or the City
Commission, which arc not specifically addressed in this section, but where in the determination
of the city manager, the subject at issue is of legitimate public concern, reasonable notice to the
public shall be provided in the form as determined appropriate by the city manager.
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 $20350.00
(5) Zoning variance or waiver $150250.00
(6) Development review
8
AGENDA ITEM # 7A
NOVEMBER 13, 2012
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
Comprehensive plan amendment
a. Less than ten (10) acres $250.00
b. Greater than ten (10) acres $250.00
(9) Land development regulations $ 15.00
(10) Comprehensive plan document $ 15.00
(11) Zoning and comprehensive plan maps $ 5.00"
(8)
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
2012.
PASSED by the City Commission on first reading this day of
PASSED by the City Commission on second and final reading this day of
, 2012.
ATTEST:
DONNA BARTLE, CMC LOUIS BORNO, JR.
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
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