Item 9B- Ordinance No. 90-18-231CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Ord. No. 90-18-231 First Reading Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
AMENDING CHAPTER 24, LAND DEVELOPMENT
REGULATIONS, ARTICLE III, DIVISION 2, SECTION 24-51,
NOTICE OF PUBLIC HEARINGS; DELETING CURRENT
SECTION 24-51 IN ITS ENTIRETY; ADOPTING NEW SECTION
24-51, PLJI3LIC HEARINGS AND REQUIRED NOTICES,
ESTABLISHING NEW NOTICE, ADVERTISEMENT AND
SIGNAGE REQUIREMENTS; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR WAIVER
OF SECTION 24-51 PROVISIONS; AND PROVIDING FOR AN
EFFECTIVE DATE.
SUBMITTED BY: Derek W. Reeves, Planner
DATE: March 14, 2018
BACKGROUND: Staff has prepared a proposed ordinance that will bring the City's notice
requirements in line with state statutes while also removing some of the more burdensome and
costly requirements that exceed state requirements from the current code. An example of this is
the requirement to post signs on every property in the City, approximately 6,200 signs, for an
ordinance as basic as arnending fence requirements. Please review the attached staff reports to the
Community Development Board for more detailed information on how the current and proposed
compare to state and other jurisdictions' requirements as well as cost and time estimates.
The Community Development Board (CDB) reviewed and suggested edits to this ordinance at
their January 16, 2018 and February 20, 2018 meetings, In February, they voted unanimously to
recommend approval of the ordinance to the City Commission with one condition. They
recommended that ordinances that rezone 10 or more acres require a 30 day mailed notice so that
it would be the same as the proposed requirements for ordinances that rezone less than 10 acres of
land which already a 30 day mailed notice requirement.
BUDGET: None.
RECOMMENDATION: To hold a public hcaring and approve Ordinance No. 90-18-231 en
first reading and to set the second reading and public hearing for April 9t'', 2018.
ATTACHMENTS: Ord, No. 90-18-231, C1)B Staff- Reports
REVIEWED BY CITY MANAGER:
DRAFT 3/16/2018
utu/IINAINIE NO. 90-18-231
AN ORDINANCE Ur I HE U11 Y Ur A 1 LAN 11U BEACH, AMENDING CHAPTER
24, LAND DEVELUPMEN 1REGULATIONS, AKIICLE 111, DIVISION 2, SECTION
24-51, NOTICE OF PUBLIC HEARINGS; DELE1INCi CUKKEN 1 SEC I ION 24-51 1N
11 S ENTIRETY; ADOPTING NEW SECTION 24-51, PUBLIC 'MAKINGS AND
REQUIRED Nu110ES, ESTABLISHING NEW NOTICE, ADVEKIISEMEN1 AND
S1ciNAUE KEQUIKEMEN 1S; rKO V IIING FOR CONFLICT; PROVIDING FOR
SEVEKABIL11 Y; PRO VIDING rUK WAlVLK Ur SEC1ION 24-51 PROVISIONS;
AND PRO VIDINCI FUR AN ErrEC11VE DAIL.
WHEREAS, the City of Atlantic Beach mutinely assesses its Code ot Ordinances to
provide the most effective and efficient implementation of the Code provisions; and
WHEREAS, the Commission is desirous of updating the notice provisions contained in
Section 24-51 of the Land Development Regulations; and
W HEKEAS, the Community Development Board has reviewed the proposed new
provisions and provided its recommendations to the City Commission; and
WHEREAS, the City Commission now desires to adopt new notice provisions in Chapter
24, Land Development Regulations.
NOW, 1 riLKErvKL, BE Ill ORDAINED BY THE CITY COMMISSION ON
BEHALN' OF I TIE rEurLE lit * I TIE (Ai Y or A i LAIN 1 IL BEACH, FLORIDA;
SECTION 1. Section 24-51 ot Chapter 24, Land Development Regulations of the Code of
Ordinances is hereby deleted in its entirety and new Section 24-51 provisions, all as more fully set
forth and described in Exhibit A, attached hereto and made a part hereot, are hereby adopted to
read as shown in said Exhibit A.
SEC'T'ION 2. Conflict. All Urdinances or parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SLUIIUIN 3. • •. If a Court of competent jurisdiction at any time tinds any provision
of this ordinance to be unlawful, illegal, or unenforceable, the offending pro v ision shall be deemed
severable and removed from the remaining provisions of this Ordinance which shall remain in lull
force and intact.
SECTION 4. Waiver of Section_ 24-51 Provisions. I'he Commission hereby waives the current
provisions of Section 24-51 of the Code of Ordinances for mailed notice and signage in the
adoption of this ordinance.
SEC'T'ION 5. Ettective Date. 1 his ordinance shall take effect upon final reading and approval.
MASSED by the City Commission on tirst reacting this day of ; 2018.
PASSED by the laity Commission on con and trnal reading this day of
, 2018.
l 1 t r ur ATLANTIC BEACH
Ellin Ulasser, Mayor
Attcst:
Donna L. Bartle, City Clerk
Apyrovcd as to torm and correctness:
Brenna M. uurden, City Attorney
EXHIBIT A TO OKU11NANCE NO. 90-18-231
Sec. 21 51. Notice of Public hearings.
(1) Public hearings. The local planning agency and the local governing body each
the state planning agency pursuant to F.S. § 163.318
unless otherwise specified.
hearing.
in that portion of the newspaper where legal notices and classified
advertisements appear. The notice shall be published in a newspaper of
substantially the following_form:
NOTICE OF CHANGE Or LAND U 5t
shown in the map in this notice.
• ...
names as a means of identification of the area. The notice shall also state the
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,
(b) Amendments to the text of the land development regulations including revisions to the
g map.
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approximately two (2) weeks after the first public hearing. The day; time, and place
p.m. on a weekday.
Notice. All notices regarding the amendment process, including public hearings,
specified.
a. Published noticc. At least ten (10) calendar days prior to each public nearing
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
shall state the date, time, place of the public hearing; the subject of the
advise that interested parties may appear at the meeting and be heard
1. Published notices for amendments to the official zoning map shall be in
NOTICE OF ZONING CHANGE
1710906)C1-2 3
U7950650-2
(meeting place
indicates the area covered by the proposed ordinance. The map shall
following form:
NOTICE OF ZONING CODE (LAND DEVELOPMENT
REGULATIONS) TEXT CHANGE
The City of Atlantic beach proposes to adopt Ordinance No.
ct the land located within the area shown in the
map of this advertisement.
time) at (meeting place).
or prohibited uses within a zoning category shall be advertised as
follows. At least ten (10) calendar days but not more than thirty (3U)
calendar days in advance of each public hearing, the city manager or
title of the proposed ordinance, and the place or places where such
notice shall also advise that interested parties may appear at the public
4
hearing and be heard with respect to the application or proposed
ordinance.
c. Posted notice. At least fourteen
to the application. Where the property subject to the request does not have
governing -betty,
(2) Notice.
hearing, the city manager—of—de-sig.nee
advertisement giving notice of the public hearing in a newspaper of
general circulation in the City of Atlantic Beach. The notice of the
06956556-2 5
The notice shall also advise that interested parties may appear at the
public hearing and be heard with respect to the
the subject property, whose names and addresses are known by
property appraiser. The notice shall state the substance of the
• ..
of the notice shall be kept available for public inspection during the
c. Posted notice. At least fourteen (14) calendar days prior to each public
hearing, a sign identifying the request, including date, time and location
(1) Public hearings. The local planning agency shall hold one (1) public hearing
(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
•
public hearing shall state the date, time and place of the public hearing,
The notice shall also advise that interested parties may appear at the
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the subject property, whos name
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
nearest public right of way with an attached notation indicating the
requirement; nor shall it be grounds to challenge the validity of any
(e) Contest. If no aggrieved party contests the issue of proper notice within thirty (30)
New Section 24-31 is hereby adopted to react as follows:
UU!MOJV-L
ec.
-1s
(a) except as provided in Subsection (c) herein, orainances that amena the text of the
adopted comprehensive Plan.
(1) _Public hear•in_s. The Community Development Board shall hold one (1) advertised
public hearing and the City Commission sha o s two (2) advei isepus is
hearings on proposed ordinances that amena the text of the adopted Comprehensive
clan.
The first public hearing at City commission shall be held at the transmittal stage,
prior to the transmittal of the proposed amendment to the state planning agency
pursuant to 14.S. § 103.3184. The second public hearing at City Couuuission shall
be held at the adoption stage, within one hundred eighty (1 8U) calendar days of
receipt of any comments from the state planning agency, unless such time frame is
extended pursuant to 14.S. § 163.3184. Should the second public hearing at city
Commission not be timely held, the amendment application shall be deemed
withdrawn pursuant to F.S. § 163.3184. All public hearings shall be held on a
weekday.
'2) Notice. All notices regarding ordinances that amend the text of the adopted
Comprehensive Plan, shall comply with the requirements of r .S. § 163.31 84 and
166.041, unless otherwise specitted herein.
rublished notice. At least ten (10) calendar days prior to each public hearing, the
city Manager or their designee shall have published an advertisement giving notice
of the public hearing in accordance with Chapter 166, r lorida Statutes.
The required advertisement shall be one-quarter (1/4) page in a standard size or a
tabloid size newspaper, and the headline in advertisemeid shall be in a type no
smaller than eighteen (18) point. The advertisement 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 circulation in the City. 1 he
notice shall state the date, time, place of the meeting, and the place or places within
the Cit where the •ro .osed oidinances ma be ins.ected b the •ublic. the nonce
shall also advise that interested parties may appear at the meeting and be heard with
respect to the proposed ordinance.
Advertisements for orainances that amend the text of the adopted Comprehensive
Plan shall be in substantially the following form:
NU 11UP, UP cuMPREHENSlVE PLAIN TEXT CHANUL
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0u9suuJ„-L
The City ot Atlantic Beach proposes to adopt the tollowing Ordinance
(title of the ordinance).
A public nearing on the ordinance win be held on (date and time) at
(meeting place).
(b) Except as provided in Subsection (c) herein, ordinances that amend the Future Lana
Use Map series of the adopted Comprehensive clan.
(1) Public hearings. tile Community Development Board shall hold one (1) advertised
public hearing and the City Commi3sion shall hold two (2) advertised public
earmgs on propose: orinances a ame + - �s •'
adopted Comprehensive Pian.
The first public hearing at City Commission shall be held at the transmittal stae,
prior to the transmittal of the proposed amendment to the state planning agency
pursuant to
be held at the adoption stage, within one hundred eighty (18u) calendar days ot
receipt of any comments from tile state planning agency pursuant to F.S. §
163.3184. All public hearings shall be held on a weekday.
(2) Notice. All notices regarding ordinances that amend the Future Lana Use Map
series of the adopted Comprehensive Plan, shall be as required by F.S. § 163.3184
and 166.041, unless otherwise specified herein.
Published notice. At least ten (1 u) calendar days prior to each public hearing, the
City Manager or their designee shall have published an advertisement giving notice
of the public hearing.
1 he required advertisement shall be one-quarter (1/4) page in a standard size Of a
tabloid size newspaper, and the headline in advertisement shall be in a type no
Smaller than eighteen (18) point. "the advertisement shall not be placed in that
portion ot the newspaper where legal notices and classified adverti3ements appear.
1 he notice Jhall be published in a newspaper ot general circulation in the City. 1 he
notice shall state the date, time, place of the meeting, and the place or places within
the Uity where the proposed ordinances may be inspected by the public. 1 he notice
shall also advise that interested parties may appear at the meeting and be neard with
re3pect to the proposed ordinance.
Advertisements tor ordinances that amend the ruture Land use Map series ot the
adopted Comprehensive Plan snail be in substantially the following form:
N U 11CL OF FUTURE LAND U aE MAP CHANGE
The City ot Atlantic Beach proposes to adopt the following Ordinance
(title of the ordinance).
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UU`JJVGU-L
A public hearing on the ordinance will be held on (date and time) at
(meeting place).
the advertisement shall 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 general area. In addition to being
published in the newspaper, the maps must be part of the online notice required
pursuant to 1-.S. U.U211.
{c) Ordinances for small-scale Comprehensive Flan amendments that amend the Future
Land Use map series and related text amenaments.
For site specitic Future Land Use Map amenaments involving the use of ten (1 U) acres
•••r •
• • . ••
or ess an• e/t c anges a re a e • irec y a • • •
small scale Future Land Use Map amendment, the following public hearing and notice
requirements shall apply :
(1) Public bearings. the Community Development tsoard shall hola one (1)
advertised public nearing and the City Commission shall hold one (1) advertised
public hearing which shall be the adoption hearing as required by F.S. § 163.3181
and & 166.041. All public hearings shall be held on a weekday.
(2) Novice. All notices regarding orainances tor small-scale Comprehensive Flan
ainendments that amend the Future Land Use map series and related text
amendinents, shall be provided by the City Manager or their designee as required
by F.S. § 163.3181 and § 166.041, unless otherwise specified herein.
a. i'ublished Notice. At least ten (1U) calendar days prior to each public hearing,
an advertisement giving notice of the public hearing shall be published.
The required advertisement shall be one -quaver (1/4) page in a standard site or
a tabloid site newspaper, and the headline iii advertisement shall be in a type
no smaller than eighteen (1g) point. the advertiseinem shall not be placed in
that portion of the newspaper where legal notices and clas3ified advertisements
appear. l he notice shall be published in a newspaper of general circulation in
the City. l he notice shall state the date, time, place of the meeting, and the place
or places within the City where the proposed orainances may be inspected by
1,
t o sus ic. e no ice s a a so a•vise a
- • •r•IrILayurimme • •
meeting and be heard with respect to the proposed ordinance.
Advertisements for ordinances tor small-scale Comprehensive Flan
aniendments that amend the Future Lana Use map series and related text
amendinems shall be in substantially the following torn:
NOTICE OF SMALL SCALE COMPRhHLN S1 V L FLAN
AmhNDMEN'1'
10
00950650-2
The City ot Atlantic teach proposes to adopt the following ordinance
(title of Oldinance).
A public hearing on the ordinance snail be held on (date and time) at
(meeting place).
The advertisement shall contain a geographic location map which clearly
indicates the aima covered by the proposed ordinance. The map shall include
major street names as a means ot identification of the general area. in addition
to being published in the newspaper, the maps must be part of the online notice
required pursuant to P.S. § 50.0211.
b. Mailed nonce. At least fourteen (14) calendar days prior to the first public
hearing, notice shall be sent by U.S. mail to each real property owner whose
lance is within three hundred (ON) feet of the subject parcel(s) and whose
address is known by reference to the latest ad valorem tax records. "l he notice
hall state the date(s), time(s), place(s) of the public hearing(s) and the place or
place within the City where the application may be inspected by the public.
1 he notice shall also advise that interested parties nay appear at the meeting(s)
and be heard regarding the application. A copy of the notice shall be kept
available for public inspection during the regular business hours of the office of
the Uity Ulerk.
c. Posted nonce. At least fourteen (14) calendar days prior to the first public
hearing, a sign identitying the request, including date(s), time(s) and place(s) of
the public hearing(s), Jhall 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 Montage
on a pu• is s ree , a signs a •e exec e• • - - • • • • -.
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 ot any such posted notice sign to remain in place
atter the notice has been posted shall not be deemed a failure to comply with
thi3 requirement, nor shall it be groutid5 to challenge the validity of any decision
made by the Community uevelopment Board or the City Commission.
(d) Urdinances that change the text ot the Land uevelopment Regulations, other than those
that revise the actual list of pertnitted, conditional or prohibited use, within a zoning
category.
(1) Public hewings. The Uonnnunity Development Board and the Uity Commission
shall each hold one (1) advertised public hearing on proposed ordinances that
change the text of the Land Development Regulations, other than those that revise
the actual list of permitted, conditional or prohibited uses within a Loving category.
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UUYJUODU-L
c2) Notice. All notices regarding ordinances that change the text of the Land
Development Regulations, other than those that revise the actual list or permitted.,
conditional or prohibited uses within a zoning category, shall be in accordance with
F.S. § 166.U41, unless otherwise specified herein.
Published notice. At least ten (1u) calendar days prior to each public hearing, the
City Manager or their designee shall nave published an advertisement giving notice
ot the public hearing.
The required advertisement shall be one-quarter (1/4) page in a s • •
tabloid size new5paper, and the headline in advertisement shall be in a type no
smaller than eighteen (18) point. 1 he advertisement shall not be placed in that
portion or the newspaper where legal notices and clas5itied advertisements appear.
1he notice shall be published in a newspaper or general circulation in the Uity. the
notice shall state the date, time, place ot the meeting, and the place or places within
-
•
t o it w ere e .ro.ose. or man
shall also advise that interested parties may appear at the meeting and be heard with
respect to the proposed ordinance.
Advertisements Tor ordinances that change the text of the Land Development
Regulations, other than those that revise the actual list of permitted, conditional or
prohibited uses within a zoning category shall be in substantially the following
torm:
N U IICh OF LAND DE V BLUFMtJN 1 REGU LA I IUN S iii
CHAN (iL
The City ot Atlantic Beach proposes to adopt the tollowing Ordinance
(title of the ordinance)
A public hearing on the ordinance will be held on (date and time) at
(meeting place).
(e) ordinances initiated by an applicant other than the City to change the actual Official
Zoning Map designation of a parcel or parcels.
(1) Public hearings. 1 he Community Development Board and the City Commission
a
eac
0
one
s . A• V61 1JG•
by an applicant other than the City to change the actual Official Zoning Map
designation of a parcel or parcels.
(2) Novice. All notices regarding ordinances initiated by an applicant other than the
City to change the actual Official Zoning Map designation of a parcel or parcels,
shall be provided by the City Manager or their designee in accordance with I, .S. §
166.041, unle55 otherwise specified herein.
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oo, Oo50-2
a. Published notice. At least ten (10) cdlenaar days prior to each public hearing,
an advertisement giving notice of the public hearing shall be provided.
the required advertisement shall be one-quarter (1/4) page in a standard size or
a tabloid size newspaper, arta the headline in advertisement shall be in a type
no smaller than eighteen (18) point. The advertisement shall not be placed in
yv
a - ..
appear. The notice shall be published in a newspaper ot general circulation in
the City. The notice shall state the date, time, place ot the meeting, and the place
or places within the City where the proposed ordinances may be inspected by
the public. the notice shall also advise that interested partie3 may appear at the
meeting and be heard with respect to the proposed ordinance.
vertisemems or oriinances int is es . a • -
change the actual Otticial Zoning map designation ot a parcel or parcels shall
be in substantially the tollowing torm:
•
.••
•
NU 11UL UP LUNING MAP UHAN(IL
The City of Atlantic beach proposes to adopt the tollowing Ordinance
(title of the ordinance).
A public hearing on the ordinance will be held on (date dna time) at
(meeting place).
the advertisement shall 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 ot identitication of the general area. In addition
to being published in the newspaper, the maps must be part of the online notice
required pursuant to P.a. X0.8211.
b. Mailed notice. At least tourteen (14) calendar days prior to the tirst public
hearing, notice shall be sent by U.N. Mail to each real property owner whose
land is within three hundred (3UU) teet ot the subject parcels) and whose
address is known by reference to the latest ad valorem tax records. "l'he notice
shall state the date(s), time(s), place(s) of the public hearing(s) and the place or
places within the City where the application may be inspected by the public.
1 he notice shall also aavise that interested parties may appear at the meeting,
and be heard regarding the application. A copy of the notice shall be kept
available tor public inspection during the regular business hour3 ot the office of
the City Clerk.
c. Posted notice. At least tourteen (14) calendar nays prior to each public hearing,
a sign identifying the request, including date(s), time(s) and places) of the
public hearing(s), shall be posted on the subject parcel. Such sign shall be
erected in lull view of the public street on each street side of the land subject to
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0095065Q-2
the application. Where the property subject to the request does not have frontage
en a public street, a sign shall be erected at the nearest public sight-ot-way with
1
• . .
an
subject to the application. sign(s) shall be removed atter a decision is gendered
on the application. "1 "he failure of any such posted notice sign to remain in place
atter 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 Couuuunity Development _Board or the City Commission.
(f) ordinances that charge the text of the Land Development Regulations to revi3e the
actual list of permitted, conditional or prohibited uses within a zoning category.
(1) Public hearings. the Community Development Board shall hold one (1) advertised
public hearing and the City Commission shall hold two (2) advenised public
hearings on proposed ordinances that charge the text of the Land Development
Regulations to revise the list of permitted, conditional or prohibited uses within a
zoning category.
At least one (1) public hearing betere the City commission shall be held atter 5:U0
.m. on a weekday unless the City Commission by a malorrty vote p us one
vote, elects to conduct that hearing at another time of clay. 1 he second public
hearing before the City Commission shall be held at least ten (1 U) calendar days
alter the first public hething.
(2) Notice. All notices regarding ordinances that change the teAt of the Land
1ievelopment Regulations to revise the list of permitted, conditional, Of prohibited
uses within a zoning category, shall be in accordance with r.S. § 166.041, unless
otherwise specified herein.
Publi3hea novice. At least ten (10) calendar clays prior to each public hearing, the
City Manager or their designee shall have published an advertisement giving notice
of the public hearing,
the required advertisement shall be one-quarter (1/4) page, except that in no case
shall it be less than two (2) columns wide by ten (10) inches long, in a standard size
or a tabloid size newspaper, and the headline in advertisement shall be in a type no
smaller than eighteen (18) point. The ad v ernisement shall not be placed in that
portion of the newspaper where legal notices and classified advertisements appear.
1 he advertisement shall be placed in a newspaper of general paid circulation in the
City and of general interest and readership in the City, not one of limited subject
matter, pursuant to Chapter 50, Florida"Statutes. the notice shall state the date,
time, place of the public hearing., the title of the proposed ordinance and the place
or places within the city where the proposed ordinance may be inspected by the
public. The notice shall also advise that interested parties may appear at the meeting
and be heard regarding the proposed ordinance.
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Advertisement3 tor ordinances that change the telt ot the Land Development
Regulations to revise the actual list ot permitted, conditional, or prohibited uses
within a zoning category shall be in substantially the following form:
NO11CB Ur LAlvl) DEVELOPMENI l tUULA11UINS TEXT
CHAN UB
1 he City of Atlantic Beach proposes to adopt the following Ordinance
(title of the ordinance).
A public hearing on the ordinance will be held on (date and time) at
(meeting place).
(g) Ordinances initiated by the City that change the actual zoning map designation tor a parcel
or parcels ot land involving ten (10) contiguous acres or more.
(1) Public hearings. The Community tievelopment Board shall hold one (1) advertised
•ublic hearin and the crit uommission shall hold two 2 advertised public
hearings on proposed ordinances that change the actual zoning map designation for
a parcel or parcels of land involving ten (1U) contiguous acres or more.
At least one (1) public hearing before the City Commission shall be held after 5:00
p.m. on a weekday, unless the uity Commission, by a majority vote plus one (1)
vote, elects to conduct that hearing at another time 01 (lay. 1 he second public
hearing before the City Commission shall be held at least ten (1 0) calendar days
alter the ttrst public hearing.
f2) Notice. All notices regarding ordinances initiat d by the City that change the actual
zoning map designation for a parcel or parce s o au • invo vin • en W coni • uous
acres or more, shall be provided by the uity Manager or their designee in
accordance with F.S. § 166.041, unless otherwise specified herein.
a. Published notice. At least ten (10) calendar days prior to each public hearing,
an advertisement giving notice of the public hearing shall be published.
the required advertisement shall be one-quarter (1/4) page, except in no case
shall it be less than two (2) columns wide by ten (10) inches long, in a standard
size or a tabloid size newspaper, and the headline in advertisement shall be in a
type no smaller than eighteen (18) point. The advertisement shall not be placed
in that portion o1 the newspaper where legal notices and classified
advertisements appear. The advertisement shall be placed in a newspaper of
general paid circulation in the City and of general interest and readership in the
City, not one of limited subject matter, pursuant to Chapter 50, Florida Statutes.
I he notice shall state the date, time, place o1 the public hearing; the tale of the
proposed ordinance an e p ace or p ace •• - p op
ordinance may be inspected by the public. The notice shall also advise that
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OVYJVUJV-L
interested parties may appear at the meeting and be heard regarding the
proposed ordinance.
Advertisements tor ordinances initiated by the City that change the actual
zoning map designation tor a parcel or parcels of land involving ten (10)
contiguous acres or more shall be in substantially the following form:
N U 1'lUE ur LUN IN G MAP CHANGE
The City ot Atlantic Beach proposes to adopt the following Ordinance
(title of the ordinance).
A public hearing on the ordinance will be held on (date and time) at
(meeting place).
The advertisement shall 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 ot identitication ot the general area. In addition
to being published in the newspaper, The maps must be part of the online notice
required pursuant to r.S. X0.0211.
b. Mailed notice. Each real property owner whose land the City will redesignate
by enactment of the ordinance and whose address is known by refeierk,e to the
latest ad valorem tax records shall be notitied by mail. the notice shall state the
substance ot the proposed ordinance as it affects that property owner and shall
set a time and place tor one or more public hearings on such ordinance. Such
..y i • •
•
notice s a . e given a eas n y ca en. ar - •
the first public hem -jug, and a copy ot the notice shall be kept available tor
public inspection during the regular business hours of the office of the City
Clerk.
(h) Ordinances initiated by the City that change the actual zoning map designation tor a
parcel or parcels of land involving less than ten (10) contiguous acres.
(1) Public hearings. The Cotnmunity Development Board and the City uommission
shall each hold one (1) advertised public hearing on proposed ordinances initiated
by the City that change the actual zoning map designation for a parcel or parcels of
land involving less than ten (10) contiguous acres.
(2) Novice. All notices regarding ordinances initiated by the City that change the actual
zoning map designation tor a parcel or parcels of land involving less than ten (10)
contiguous acres, shall be provided by the City Manager or their designee in
accordance with F.S. § 166.041, unless otherwise specified.
16
vv7»0650-2
i1ur:1 (:Ire 111:111:111011CiY•1u11F:
an a
vet
ise
e
_e
■ •■■ ":
1 he required advertisement shall be one-quarter (1/4) page in a standard size or
a tabloid size newspaper, and the headline in advertisement shall be in a type
no Smaller than eighteen (1 8) point. The advertisemem shall not be placed in
that portion of the newspaper where legal notices and cla33ified advertisements
appear. The notice Jhall be published in a newspaper of general circulation in
the uity. 1 he notice shall state the date, time, place of the meeting, and the place
or places within the City where the proposed ordinances may be inspected by
the public. The notice shall also advise that imerested parties may appear at the
meeting and be heard with respect to the proposed ordinance.
Advertisements for ordinances initiated by the City that change the actual
zoning map designation for a parcel or parcels or land involving less than ten
(1U) contiguous acres shall be in sub3tamially the tollowing tom:
NO.110E Of, LuN11'U MAY UHANGE
1 he City of Atlantic Beach proposes to adopt the following Ordinance
(title of the ordinance).
A public hearing on the ordinance will be held on (date and time) at
(meeting place).
1 he advertisement shall contain a geographic location map which clearly
indicates the area covered by the proposed ordinance. 1 he map shall include
major street names as a means of identification of the general area. In addition
to being published in the newspaper, the maps must be pan of the online notice
required pursuant to F.S.'SU.U211.
b. Maile7 notice. Each real property owner whose land the uity will redesignate
by enactment of the ordinance and whose address is known by reference to the
latet ad valorem tax records shall be notified by mail. the notice shall state the
substance of the proposed ordinance as it affects that property owner and shall
set a time and place tor one or more public hearings on such ordinance. Such
notice shall be given at leapt thirty (3U) calendar days prior to the dale set tor
the first public hearing, and a copy of the notice shall be kept available tor
public inspection during the regular business hours of the office of the City
Clerk.
(i) Applications for variance.
(1) Public hearings. 1 he Community Development Board shall hold one (1) adverti30
public hearing on applications for variances.
17
7,7,37,650-2
Pi
otice. 1 once o a .us ic earings or app lc.
by the City Manager or their designee in accordance with the following provisions:
a. Published notice. At least ten (1U) calendar days prior to the public hearing, an
advertisement giving notice of the public hearing shall be published. "l he
advertisement shall be placed in a newspaper ot general paid circulation in the
City and of general interest and readership in the City, not one ot limited subject
matter, pursuant to Chapter 311, Florida Statutes. The notice shall state the date,
time, place of the public hearing and the place or places within the City where
the application may be inspected by the public. 1 he notice shall also advise that
interested parties may appear at the meeting and be heard regarding the
application.
b. Mailed notice. At least fourteen (14) calendar days prior to the public hearing,
notice shall be sent by U.S. Mail to each real property owner whose land is
within three hundred (300) fejt ot the subject parcel(s) and whose address is
known by reference to the latest ad valorem tax records. 1 he notice shall state
the date, time, place ot the public hearing and the place or places within the City
y
w ere • • •
advise that interested paries may appear at the meeting and be heard regarding
the application. A copy of the notice shall be kept available for public inspection
during the regular business hours of the ottice ot the Uity Clerk.
•
•
c. Posted norike. At least fourteen (14) calendar days prior to the public hearing,
a sign identifying the request, including date, time and place ot the public
hearing, shall be posted on the subject parcel. Such sign shall be erected in tuff
view ot the public street on each street side ot 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-ot-way with an attached
notation indicating the general direction and distance to the land subject to the
application. Sign(5) 5ha11 be removed after a decision 15 rendered on the
application. 1 he failure of any such posted notice sign to remain in place atter
the notice has been posted shall not be deemed a tailure to comply with this
acquirement, nor shall it be grounds to challenge the validity of any decision
made by the Community uevelopment Board.
(j) Applications for waivers.
(1) Public hearings. 1 he City Commission Shall hold one (1) advertised public hearing
:--
(2) Notice. Notice of all public hearings for applications for waivers shall be provided
by the Uity manager Of their designee in accordance with the following provisions:
a. Publishes notice. At least ten (10) calendar days prior to the public hearing, an
advertisement giving notice of the public hearing shall be published. The
18
00950650-2
advertisement shall be placed in a newspaper o1 general paid circulation in the
City and ot general interest and readership in the City, not one of limited subject
matter, pursuant to Chapter 5U of the Florida Statutes. The notice shall state the
date, time, place of the public hearing and the place it places within the City
where the application may be inspected by the public. "l he notice shall also
advise that interested parties may appear at the meeting and be heard regarding,
the application.
b. Mailed notice. At least fourteen (14) calendar days prior to the public hearing,
notice shall be sent by U.S. Mail to each real property owner whose land is
within time hundred (300) feet o1 the subject parcel(s) and whose address is
known by reference to the latest ad valorem tax records. The notice shall state
the Gate, time, place of the public hearing and the place or places within the City
where the application may be inspected by the public. 1 he notice shall al,i
advise that interested parties may appear at the meting and be heard regarding
the application. A copy ut the notice shall be kept availably fur public inspection
during the regular business hours ot the otttce of the City Clerk.
c. Posted notice. At least fourteen (14) calendar days prior to the public hearing,
a sin t s elltm int ie re ues inc us in. • . - -
.1 1 1
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 cm a public
treet, a sign shall be erected at the nearest public right-of-way with an attached
notation indicating the general direction alia distance to the land subject to the
application. Sign(s) shall be removed after a decision is rendered on the
application. The failure ot 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 vandrty of any decision
mad, by the City Commission.
(k) Applications for uses -by -exception.
(1) Public hearings. the Community Development tsoard and the City Commission
shall each hold one (1) advertised public hearing on applications for uses -by-
•
excepti011.
(2) Notice. Notice of all public hearings for applications for uses -by -exception shall be
provided by the City Manager or their designee in accordance with the following
provisions:
a. PubliAed notice. At least ten (10) calunUar days prior to each public hearing,
an advertisement giving notice of the publi, hearing shall be published. The
advertisement shall be placed in a newspaper of gunural paid circulation in the
City and of general interest and readership in the City, not one limited subject
matter, pursuant to Chapter 50 of the tlorida Statutes. The notic, shall state the
19
date, time, place ot the public hearing and the place or places within the City
where the application may be inspected by the public. 1 he notice shall also
advise that interested parties may appear at the meeting and be heard regarding
the application.
b. Mailed ,ioiice. At least fourteen (14) calendar days prior to the first public
hearing, notice shall be sent by Mail to each real property owner whose
land is within three hundred (3uu) feet of the subject parcels) and whose
address is known by reference to the latest ad valorem taA records. l he notice
shall state the date, time, place ot the public hearing and the place or places
within the City where the applicatiin may be inspected by the public. 'l he notice
shall also advise that interested parties may appear at the meeting and be heard
re_ar. in tea.. ica on. coo e no c
inspection during the regular business hours of the office ot the City clerk.
c. Fos+ea notice. At least fourteen (14) calendar days prior to the first public
hearing, a sign identifying the request, including date(s), time(s) and place(s) of
t e puic tearing s , s a .e pos e.. - • • - •
erected in full view ot the public street on each street side of the land subject to
the application. Where the property subject to the reque3t Goes not have frontage
on a public street, a sign shall be erected at the nearest public iight-ot-way with
an attached notation indicating the general direction and distance to the land
subject to the application. ign(s) shall be removed atter a decision is reilaered
on t e app icauon. e ai ure o any suc 07•mor.oa.ntKssactim.l.y..r...■..4.
after the notice has been posted shall not be deemed a tailure to comply with
this requirement, nor shall it be grounds to challenge the validity of any decision
made by the Community Development Board or the City Commission.
(i) contest. If no adversely affected party contests the issue of proper notice within thirty
(3u) calendar days of the City Commission, or the Community Development hoard in
the case of variances, rendering its decision, then notice shall be deemed to be in
compliance with this section.
2U
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.D
CASE NO. ORDINANCE 90-18-231
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING
CHAPTER 24, LAND DEVELOPMENT REGULATIONS, ARTICLE III,
DIVISION 2, SECTION 24-51, NOTICE OF PUBLIC HEARINGS;
DELETING CURRENT SECTION 24-51 IN ITS ENTIRETY; ADOPTING
NEW SECTION 24-51, PUBLIC HEARINGS AND REQUIRED NOTICES,
ESTABLISHING NEW NOTICE, ADVERTISEMENT AND SIGNAGE
RIQUIREMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
February 14, 20118
Derek W. Reeves, Planner
DATE
STAFF
STAFF COMMENTS
At the January 16, 2018 meeting of the Community Development Board, staff presented draft ordinance
language amending the notice requirements for public hearings. The initial draft language was based on
State Statute requirements. Staff also presented several enhancements to the State's requirements. Among
other things, the Board asked staff to bring back revised language incorporating those enhancements. The
updated draft included in the agenda packet shows this language.
After further staff discussion, a few other changes were made to the draft language. The Board's role was
more clearly defined in the process. Notice dates fol- newspaper ads were extended from 7 or 5 days to 10
days. This keeps things consistent with current codes. The size of newspaper ads were increased to quarter
page ads for all Comprehensive Plan Land Development Regulations and Zoning Map related items. This
is a difference per run of $313.00 for the old two column wide ads to $492.98 for a quarter page ad.
Staff was also asked to bring back cost figures of how much it would cost to do a City wide noticing. This
would include newspaper ads, mailers and signs. As mentioned previously, the typical two column wide
ad required is $313.00. This is run 2 or 3 times depending on the situation for a total of$626,00 to $939.00.
There are currently about 5,700 unique property owners within the City and the surrounding 300 foot
radius that would receive notices. Current postage rates are $0.46 with materials (envelopes, labels and
ink) coming out to about $0.50 each. That is a total of$2,850 for the mailers. The most expensive piece
of the current notice requirements are the signs. The cheapest the City has purchased signs in the recent
past is $5.50 per sign, including signs and posts. Pricing is based on quantity so prices could be around
$4.00 each for a City wide ordinance. `there are about 6,200 RE numbers in the City. This includes condos
that have multiple units on a single property that could have one sign, which reduces the number of signs
needed. However, signs are required on each street frontage for corner lots. A rough guess suggest the
total number of signs needed to be 6,200 or more. At $4.00 per sign, this totals around $25,000.
None of these costs include staff time involved in creating the notices, The most recent example ofa large
scale notice was for the Mayport Business Overlay District. This notice was carefully orchestrated to
include all public hearing dates on a single sign and a single mailer, There were still over 700 mailers that
took about 13 hours of staff time to label envelopes, fold and stuff the mailers and run them through the
postage machine. With an Administrative Assistant making $16.00 per hour that comes out to around
$1,700 to send out the 5,700 mailers, The biggest piece of staff time is the signs. The signs must be
assembled and posted on each property. For the overlay, it took approximately 25 hours to post 250 signs.
Since this requires a vehicle to be driven, the hourly rate was bumped up to $20.00 per hour. To post 6,200
signs, it would take 620 hours or $12,400. It would take one fiulltime staff person 15.5 weeks to post that
many signs. The Community Development Department only has three full time staff and two part-time.
Certain things can be done quicker with the help of equipment or outsourcing aspects such as folding
mailers.
That's $28,789 in material costs and $14,100 in staff time for a total of $42,889, This is with a well-
planned timeline where all hearing dates are posted each sign and in each mailer.
It may also be helpful to see how other cities in North Florida handle notice requirements. In the table
below, blue boxes are when requirements are consistent with state requirements and white boxes are where
a city has decided to exceed the state requirement. Red text has been added where the current code is the
only jurisdiction to exceed state requirements. Signs are the most common example of that because those
items are often city wide and the most onerous. Atlantic Beach's current code far exceeds state
requirements and the proposed ordinance exceeds the state requirements and what most cities require.
Page2of2
Atlantic
Beach
Proposed
Ordinance
State
Neptune
Beach
Jax
Beach
St.
Augustine
Orange
Park
Com. Plan Text
News
10
10
7/5
7/5 _
7/5
7/5
7/5
Mail
30
NA
NA
NA
NA
NA
NA
14
NA
NA
NA
NA
NA
Comp Nan Map
News
10
10
7/5
•
7/5
7/5
7/5
7/5
Mail
30
NA
NA
•
NA
NA
NA
NA
14
NA
NA
•
NA
NA
NA
NA
Small Scale Comp Plan
News
10
10
7
1
7
7
7
7
Mail
30
14
NA
.
NA
NA
NA
Sinn
14
14
NA
•
NA
NA
NA
NA
LDR Text (not uses)
News
10
10
10
10
10
10
10
Mail
30
NA
NA
NA
NA
NA
NA
Sign
14
NA
NA
NA
NA
NA
Zonin• M • a. licant
News
10
10
10
1
10
10
10
Mail
30
14
NA
•
NA
30
15
Sign
14
14
NA
•
21
5
NA
15
10
7/5
_ 7/5
7/5
7/5
7/5
LIAR Text uses
News
10
Mail
30
NA
ALT
ALT
ALT
ALT
ALT
Sign
14
NA
NA
NA
NA
NA
NA
10
10
715
7/5
7/5
715
7/5
Zonin• Ma 10+ acres
News
T
Mail
30
NA
ALT
ALT
ALT
ALT
ALT
Sign
14
NA
NA
- 21
NA
NA
NA
Zoning Ma <10 acres
News
l 0
10
NA
NA
10
NA
Mail
30
30
30
30
30
30
30
Sign
14
NA
NA
21
5
NA
NA
Page2of2
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARS)
STAFF REPORT
AGENDA ITEM 4.E
CASE NO. ORDINANCE 90-18-231
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING
CHAPTER 24, LAND DEVELOPMENT REGULATIONS, ARTICLE 11.1,
DIVISION 2, SECTION 24-51, NOTICE OF PUBLIC HEARINGS;
DELETING CURRENT SECTION 24-51 IN ITS ENTIRETY; ADOPTING
NEW SECTION 24-51, PUBLIC HEARINGS AND REQUIRED NOTICES,
ESTABLISHING NEW NOTICE, ADVERTISEMENT AND SIGNAGE
REQUIREMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
DATE January 10, 2018
STAFF Derek W. Reeves, Planner
STAFF COMMENTS
Over the last couple of years, staff has identified issues with the City's codes related to the noticing of
public hearings for things like ordinances related to Land Development Regulations changes, rezonings
and Comprehensive Plan amendments. Some of the issues vary from logistical problems like posting
notice signs on every property in the City to inconsistencies with State Statutes. Staff is proposing this
ordinance that will completely replace the current public hearing notice requirements with new language
that is consistent with State Statues.
These issues and specifically the sign posting requirements carne to the attention of the City Commission
and Community Development Board at the joint meeting on May 24 of 2017 where it was discovered staff
would have to post a couple of hundred signs for the Mayport Business Overlay District ordinance. This
was followed up by a July Town Hall meeting where the notice requirements were discussed. Since then,
staff has been working on this ordinance.
One of the first things that you will likely notice when comparing the current code to the proposed
ordinance is that the proposed ordinance has ten different notice scenarios compared to the four in the
current code. It is believed that when the current code was written, staff at the time attempted to simplify
State Statutes by combining like scenarios, However, this created problems like a simple Land
Development Regulations text change that impacts the whole City has the same requirements as an
ordinance rezoning a property. For a rezoning, you might expect a sign and mailers to properties in the
area, while it is very expensive and time consuming to post a sign on every property and send mailers to
every property for a text change. State Statutes would only require a newspaper ad for a text change.
Something that is fundamentally not changing is the notice requirements for public hearings on variances,
waivers and use -by -exceptions. There are some language changes by the types of noticing required and
the timelines they arc sent out remains time same as the current code. Staff found posting a single sign and
sending around 50 letters per application in addition to a newspaper ad was reasonable and the time line
fit perfectly submittal deadlines to the newspaper. One area the Board may decide to make a
recommendation change to the City Commission is to make it so the Board is the final vote on use -by -
exceptions. The Board is generally more of an expert on the matters and it would greatly speed up the
process for the applicants.
As stated before, the proposed ordinance is consistent with State Statutes. What this means is that it is
proposing the minimum required to be legal under State Statutes. The City could decide to expand these
requirements and add more notice requirements, This is something commonly done by local jurisdictions,
Below is a list of the State Statutes requirements and staffs thoughts on adding the notice requirement.
(a) Except as provided in Subsection (c) herein, ordinances that amend the text of the adopted
Comprehensive Plan,
Newspaper: Required
Mailer: Not required, not recommended
Sign; Not required, not recommended
(b) Except as provided in Subsection (c) herein, ordinances that amend the Future Land Use Map
series of the adopted Comprehensive Plan.
Newspaper: Required
Mailer: Not required, not recommended
Sign: Not required, not recommended
(c) Ordinances for small-scale Comprehensive Plan amendments that amend the Future Land Use
Map series and related text amendments.
Newspaper: Required
Mailer: Not required, possible- to properties within 300 feet
Sign: Not required, possible
(d) Ordinances that change the text of the Land Development Regulations, other than those that
revise the actual list of permitted, conditional or prohibited uses within a zoning category; and
ordinances initiated by an applicant other than the City to change the actual Oficial Zoning
Map designation of a parcel or parcels.
Newspaper: Required
Mailer: Not required, possible if section is split (text change and rezoning) and then
only for applications for rezoning- to properties within 300 feet
Sign: Not required, possible if section is split (text change and rezoning) and then
only for applications for rezoning
(e) Ordinances that change the text of the Land Development Regulations to revise the actual list
of permitted, conditional or prohibited uses within a zoning category.
Newspaper: Required
Mailer: Not required, possible- to effected properties only
Sign: Not required, not recommended
(f) Ordinances initiated by the City that change the actual zoning map designation For a parcel or
parcels of land involving ten (10) contiguous acres or more.
Newspaper: Required
Mailer: Not required, not recommended
Sign: Not required, not recommended
(g) Ordinances initiated by the City that change the actual zoning map designation for a parcel or
parcels of land involving less than ten (10) contiguous acres.
Newspaper: Not required, recommended
Mailer: Required
Sign: Not required, possible but not recommended
Page 2 oft