Agenda Item 3A AGENDA ITEM#3A
JUNE 10,2013
June 3, 2013
MEMORANDUM
TO: The Honorable Mayor and Members of the City Commission
FROM: Jim Hans Aft,
City Manager
SUBJECT: Follow-up eport
Procedure for Calling Special Meetings for Second Reading of Ordinances; At the workshop
on May 28th, the City Commission discussed the possibility of setting special meetings at future
workshops to have the second readings of ordinances that are time sensitive. While no action was
taken at the workshop,the consensus appeared to be that the Commission could discuss the time
sensitive nature of any particular ordinance at the time of its first reading and, if sensitive, agree
to call for a special meeting at the next workshop rather than wait for the next regular commission
meeting.
The process discussed by the Commission for zoning changes conflicts with current provisions in
the City Code and, in some cases, with State law. The City Code requires that notices be mailed
to adjoining property owners at least 30 days prior to each public hearing and that posted notices
be put up at least 14 days prior to each hearing. These provisions were adopted by the current
Commission before the more recent change in the schedule for regular City Commission
meetings. The intent in extending the length for the zoning notices was to give the public more
time to react to zoning changes and the intent in changing the meeting schedule was to give the
public more time to react for all City Commission decisions.
A question that the City Commission should consider is whether or not the City Code should be
changed now that the longer meeting schedule already provides for the additional time needed by
citizens.
State law also requires additional time for public notice for zoning changes that are initiated by
the municipality or that are changes to the zoning code itself However, most zoning actions that
come to the City Commission for approval are changes to the zoning designation for particular
pieces of property that are initiated by the property owner(like the Selva Marina Country Club
rezoning). See the attached e-mail from Erika Hall dated May 31, 2013 with more information on
the City Code provisions and state law.
Commission Chamber Air Conditioners; At the last workshop on May 28th, complaints were
received about the lack of air conditioning in the meeting room. It has since been discovered that
there was an underground coolant leak to one of the units. It is being repaired at the time of the
writing of this report.
AGENDA ITEM#3A
JUNE 10,2013
Hanson, Jim
From: Hall, Erika
Sent: Friday, May 31, 2013 2:47 PM
To: Hanson, Jim
Cc: Griffin, Michael
Subject: notice requirements for zoning changes
Mr. Hanson,
Below are tables summarizing the notice requirements for adoption of ordinances changing the zoning map designations
and/or list of permitted, conditional or prohibited uses within a zoning category,as required by Florida Statutes (Table 1)
and Atlantic Beach Code (Table 2).
PUBLIC HEARING ORDINANCES CHANGING ORDINANCES CHANGING ORDINANCES CHANGING LIST
NOTICES FOR ZONING ZONING MAP DESIGNATION, ZONING MAP DESIGNATION, OF PERMITTED,CONDITIONAL
CHANGES INITIATED BY OTHER THAN INITIATED BY THE OR PROHIBITED USES WITHIN
THE MUNICIPALITY MUNICIPALITY A ZONING CATEGORY
PER FLORIDA STATUTES
PUBLISHED NOTICE ONE(1)TIME—10 DAYS PRIOR IF 10+ACRES...TWO(2) TWO(2)TIMES...7 DAYS PRIOR
REQUIRED TO ADOPTION [§166.041(3)(a), TIMES...7 DAYS PRIOR TO FIRST TO FIRST PH AND 5 DAYS PRIOR
(c),FS] PH AND 5 DAYS PRIOR TO TO SECOND PH;SECOND PH
SECOND PH;SECOND PH MUST MUST BE AT LEAST 10 DAYS
BE AT LEAST 10 DAYS AFTER AFTER FIRST PH
FIRST PH [§166.041(3)(c)2.a, [§166.041(3)(c)2.a, FS]
FS]
MAILED NOTICES TO AFFECTED
MAILED NOTICES TO AFFECTED PARTIES MAY BE SENT IN LIEU
PARTIES MAY BE SENT IN LIEU OF PUBLISHED NOTICES
OF PUBLISHED NOTICES [§166.041(3)(c)2.c, FS]
[§166.041(3)(c)2.c, FS]
MAILED NOTICE REQUIRED NOT REQUIRED IF<10 ACRES...AFFECTED NOT REQUIRED
PARTIES—30 DAYS PRIOR TO
PH/ADOPTION
[§166.041(3)(c)1, FS]
POSTED NOTICE REQUIRED NOT REQUIRED NOT REQUIRED NOT REQUIRED
PUBLIC HEARING ORDINANCES CHANGING ORDINANCES CHANGING ORDINANCES CHANGING
NOTICES FOR ZONING ZONING MAP DESIGNATION, ZONING MAP DESIGNATION, LIST OF PERMITTED,
CHANGES INITIATED BY OTHER THAN INITIATED BY THE CONDITIONAL OR PROHIBITED
THE MUNICIPALITY MUNICIPALITY USES WITHIN A ZONING
PER AB CODE CATEGORY
PUBLISHED NOTICE REQUIRED AT LEAST 10 DAYS PRIOR TO AT LEAST 10 DAYS PRIOR TO AT LEAST 10 DAYS PRIOR TO
EACH PUBLIC HEARING EACH PUBLIC HEARING EACH PUBLIC HEARING
[SECTION 24-51(b)(1)a] [SECTION 24-51(b)(1)] [SECTION 24-51(b)(1)]
MAILED NOTICE REQUIRED AT LEAST 30 DAYS PRIOR TO AT LEAST 30 DAYS PRIOR TO AT LEAST 30 DAYS PRIOR TO
EACH PUBLIC HEARING EACH PUBLIC HEARING EACH PUBLIC HEARING
[SECTION 24-51(b)(1)b] [SECTION 24-51(b)(1)bJ [SECTION 24-51(b)(1)bJ
POSTED NOTICE REQUIRED AT LEAST 14 DAYS PRIOR TO AT LEAST 14 DAYS PRIOR TO AT LEAST 14 DAYS PRIOR TO
EACH PUBLIC HEARING EACH PUBLIC HEARING EACH PUBLIC HEARING
[SECTION 24-51(b)(1)c] [SECTION 24-51(b)(1)c] [SECTION 24-51(b)(1)c]
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