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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] 1