Item 9A- Ordinance No.90-18-231CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Ord. No. 90-18-231 Second Reading Public Hearin
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 H-ENRI.NGS 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 X Y:, Planner
Derek W. Reeves
DATE: March 28, 2018
BACKGROUND: The Commission approved this ordinance on first reading at their March 26,
2018 regular meeting with three amendments. Those amendments were as follows:
I , Revise sections (a)(1) through (k)(1) to require all public hearings to occur a weekday after
5 p.m.
2. Add subsections (a)(2)(h), (b)(2)(b), (d)(2)(b), and (0(2)(b) to require mailed notice.
3. Amend subsections (c)(1), (d)(1), (e)(l), and (f)(1) to require three public hearings, with
one public hearing at the Community Development Board and two public hearings at the
City Commission.
Staff has incorporated those amendments into the updated ordinance attached to this staff report.
BUDGET: None.
RECOMMENDATION: To hold a public hearing and approve Ordinance No. 90-18-231 on
second and final reading.
ATTACHMENTS: Ord, No. 90-18-231, CDB Staff Reports
REVIEWED BY CITY MANAGER:
DRAFT 312912u' 8
UR ENA1NUE NU. 90-1$-231
AN UKUINAN UE UFTHE UIT Y OF A 1LAN TIC -BEACH AMEN DIN U CHAPTER
24, LAND DEVELOPMENT REGULATIONS, ARTICLE III, DIVISION 2, SECTION
24-51, NOTICE OF PUBLIC HEARINGS; DELE 1 INC UUK1cj--N 1 SEU 1 ICN 24-51 IN
11S h,NllXhl Y; AIJUVIINU NEW SLUHUN 24-51, PU-BLIU HEAKINUS AND
KhO U 1KEll N U IIUh!;, ES l A-BLISHIN (j NEW NU 11UE, All V EK 11SEMEN 1 AND
SI(iNA(jE REQUIREMENTS; PKUVlf)IN(i FOX UUNFL1U1; PKUVIDIN(i FUR
SEVERABILITY; PRUVIDINU FOX WAIVER OF SECTION 24-51 PROVISIONS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEKEAS, the Uity of Atlantic -Beach routinely assesses its Code of Urdinances 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 "evelopment Kegulations; and
WHEKEAS, the Community Development -Board has reviewed the proposed new
provisions and provided its recommendations to the City Uommi33ion; and
WHEREAS, the City Commission now desires to adopt new notice provisions in Chapter
24, Land "evelopment Kegulations.
-NOW, THERE -FORE, HE IT OFMAlNED BY THE UITY UOMM1SSION ON
BEHALF OY 1HE PEOPLE OF THIN; CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Section 24-51 of Chapter 24, Land Development Regulations of the Uode of
urdinances is hereby deleted in its entirety and new Section 24-51 provisions, all as more Luny set
forth and described in Exhibit A, attached hereto and made a part hereof, are hereby adopted to
read as shown in said Exhibit A.
SECTION 2_ Conflict. All Ordinances or parts of Ordinances in conflict with the provisions of
this urdinance are hereby repealed.
Sh,UTIO1V 3. Severability. It a Uourt of competent jurisdiction at any time finds any provision
of this Urdinance to be unlawful, illegal; or une,,,,tbr,,cable, the oft -ending provi3irn, Shall be deeiiied
severable and removed from the remaining provisions of this Ordinance which shall remain in full
force and intact.
SEUTIUIN 4. Waiver of Section 24-)1 Provisions. the Commission hereby waives the current
provisions of Section 24-51 of the Uode of Urdinances for mailed notice and signage in the
ad'vpurn, of th,.3 Ordhimi�c.
Shu I IU1N 5. Lffective "ate. 1 his ordinance shall take eftect upon final reading and approval.
UG951621-2
PASSEL) by the City Commission on f1rsL reading this Jay of -2019.
PASSED by the City Commission on second and final reading this day of
LU16.
Cl 1' Y Ula A MAN 11C BEACH
Ellen Ulasser, lvlayor
Attest:
Dn,..a L. Bart1C, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
UUY51521-L
EXHIBIT A TO ORUINANCE NO. 90-18-231
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New Section 24-51 is hereby adopted to read as tollows:
Sec. 24-51. - Public, hearings and required notice.
U h,xcept as provided in Subsection (c) herein, ordinances that amend the text of the
adopted Uomprelhensive Plan.
(1) P, bli, hearii,Q�. l`he Community Development.Board shall hold one (1) advertised
public hearing and the City COuuu 3sivu shall hold two (2) advertised public
hearings on proposed ordinances that amend the text of the adopted Compfeh,,,,3iv
Plan.
The first public hearingat t City Commission shall be held at the transmittal stage,
prior to the t, a-usiuittal rit the proppsed amendment to the state planning agency
pursuant to F.S. § 163.3184. The second public hearing at City Couuu,33lon shall
be held at the adoption stage, within one hundred eighty (180) calendar days of
receipt of any comments trom the state planning agency, unless such time frame is
extended pursuant to Y. S. &' 16a.a194. Should the second public hearin at t laity
C Ouuul��lvu npt be timely held, the amendment application shall be deemed
withdrawn pursuant to F.S. § 163.3184. All publir hea, .., g., ,hall be held on a
weekday after 5 p.m.
(2) Notice. All notices
re ag riling
ordinances that amend the text
of the adopted
Comprehensive Plan
shall comply
with the requirements of Y. S. &
16a.a 184 and
a. 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, rlorida Statutes.
The required advertisement shall be one-quarter 1/4) page i.. a,iandard size or
a tabloid size newspaper, and the headline in advertisement shall be in a Type
no smaller than eighteen 19) point. t he advertisement shall not be placed in
that portion of the newspaper where legal notices and classitied advertisements
appear. The notice shall be published in a newspaper of general circulation in
the City. The notice shall state the date, time, plaee pt 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 parties may appear at the
meeting and be heard with respect to the proposed ordinance.
Advertisements l"", o, divanee3 that ame,,d the text of the adopted
Comprehensive Plan shall be in substantially the following f6.rn�
N U I lUh; Ur UUMPKLri1JN Sl V L PLAN 1 LX 1 UHAN Uh;
UU951 Sz 1-z
The City of Atlantic Beach Proposes to adopt the tollowing Urdinance
(title of the ordinance).
A Public hearing on the ordinance will be held on (date and time) at
(meeting_place1
b. Mailed ,orice. At lea3t tourteen (14) calendar days prior to the lirst public
land is subject to the proposed text change and also to owners whose land is
within three hundred (3uu) Leet of the subject parcel(s) and whose address is
known by reference to the latest ad valorem tax records. the notice shall state
the date(s), time(s), places of the public hearings and the place or places
within the City where the application may be m3pccted by the public. 1'he notice
shall also advise that interested parties may appear at the meeting and be hea-,-7dT
regarding the application. A copy of the notice shall be kept available for public
inspection Uuriny, Burinthe regular business hours of the office of the City perk.
Except as provided in Subsectio.. (c) herein, ordinances that amend the Future Land
Use Mau series of the adopted Comprehensive Plan.
(1) Fublic hearings. I tie Community Development tsoard shall hold one (1) advertised
public hearing and the Uity Uommission shall hold two (l) advertised public
hcarin s on proposed ordinances that amend the Future Land Use Map series o1 the
adopted Comprehensive Plan.
p P
the first public nearing at Lity Lommission shall be held at the transmittal staff
prior to the transmittal of the proposed amendment to the state planning agency
pursuant to F.S. § 163.3184. the second public hearingat City Commission shall
be held at the adoption Stage, withi,j. one hundred eighty (190) calendar days of
receipt of any comments from the state planning agency pursua,Lt to F.S.
143.3184. All public hearings shall be held on a weekday after 5 p.m.
("Z) Notice. All notices regarding ordinances that amend the Future Land Use Map
3cric,, of the adopted Comprehensive Plan, shall be as required by t'. S. § 163.3184
and § 166.041, unless otherwise specified herein.
a. Fublishea notice. At least ten (1 U) calendar days prior to each public hearing,
the City Manager or their designee shall have published an advertisementig ving
notice of the public hearing.
The required advertisement shall be one-quarter 1/4) page in a standard size o,
a tabloid size newspaper, and the headline in advertisement shall be in a type
no smaller than ei lhteen (IS) point. 1 he advertisement shall not be placed in
that porion of the newspaper where legal notices and classilleu advertisements
appear. 'lhe notice 3hall be published in a newspaper of general circulation in
the City. The notice shall state the date, time, place of the meeting, and the place
00961621-2
or places within the City where the proposed ordinances may be inspected
the public. llie notice shall also advise that interested parties may appear at the
meeting and be heard with respect to the proposed ordinance.
NUIIUE Ur' l~'U1 UKB LAND USE MAY CHANUE
The City of Atla„tir Bcarh proposes to adripi ihr tollpwing Ordinance
(title of the ordinance).
A public hearing on the ordinance will be held on (date and time) at
(meetingplaceI
indicates the area covered by the proposed ordinance. The map shall include
manor street names as a means of identillcation of the general area. in addition
to being published in the newspaper, the maps must be part of the online notice
required pursuant to F. S. § SU.0211.
b. Mailed notice. 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
land is within three hundred (3UU) teet of the subject parcel(s) and whose
address is known by reterence to the latest ad valorem tax records. the notice
shall state the datc(s ti ... c(s), plarc of the public hearing(s) and the place or
places within theeitywhere the applicafion may be inspected by the public-.
the notice shall also advise that interested parties may appear at the meetiny-
and be heard regardingthe application. A copy of the notice shall be kept
available for public inspection Burin the he regular business hours of the otlice of
the City Clerk.
(c) Ordinances for small-scale Comprehensive Plan amendmc„ts that a,,LV„d the Fulurc
amendments. -
1, 'or site specilic l uture Land U se Map amendments involving the use of ten (1 U) acres
or less and text changes that relate directly to, and are adopted simultaneously with, the
smallscale1TLCR1e Land Use Map amendnienf, tht, b7flowing pubhu huaLing and iiv"iee
requirements shall apply -
M Public bearings. the Community llevelopment Board shall hold one (1)
adverdsed public hearing and the City Commission shall hold two ("L) advertised
public hcari„gp the laticr rif Which 3hall be the adoption hearingas s required b
§ 163.3187 and § 163.041. All public hearings shall be held on a weekday after 5
p.m.
10
(.z) Notice. All notices regarding ordinances for small-scale Comprehensive Ylan
amendments that amend the suture Land Use Map series and related text
amendments, shall be provided by the City Manager or their designee as required
by F.S. § 163.3187 and § 166.041, unless otherwise specitiea 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-quarner (1/4) page in a standard size or
a tabloid size newspaper, and-th-elre—adline in a ver iseme.-is a e I.. 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. 1 he notice shall be published m a newspaper of general circulation in
the C:iLy. I he notice shall state the date, time, place of the meeting, and the place
vi places withi., the Cary where the p,vposed oldiiiance3 l,,ay be h1specied by
the Public. The notice shall also advise that inferested parties may appear af the
meeting and be heard with respect to the pppppsgd ordinance.
Advertisements for ordinances for small-scale Comprehensive Plan
ainendmenTS TflaT amend ThC FunUe Ea-tid1' series and reiaTed Text,
=nendmerfts shall be in the follovvi
N U I IUh UP SMALL SUALh UUMYRhHhN S1 V h PLAN
AMEN UMhN I
Thu City ot Affantie i3uaeh pi_p_scs to adopt thu iiia i iiaiiec
(title of Ordinance
A Dublic liearina on the ordinance shall be held on (date and time) at
(meeting place).
The advertisement shall contain a geographic l ocaayir nimyhich clearly
indicates the area covered by the proposed -ordinance. The map shall include
major street names as a means of identilication of the general area. In addition
to beingipublished in the newspaper, the maps must be part of the online notice
required pursuant tv F.S. § 50.0211.
b. Mailed notice. 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
land is within three hundred (,3UU) feet of the subject parcel(s) and whose
address is known by reference to the latest ad valorem tax records. The notice
shall state the daic(.,), ii... , place of the public hcaj:wg(s) and the place or
places within the City —where the application may be inspected ttFe pu ic.
1 he notice shall also advise that interested parties may appear at the meeting(s)
and be heard re ag rdin tg he application. A copy of the notice shall be kept
11
available tot: public inspection during, the regular business hours of the office of
the City Clerk.
c. Posted notice. At least fourteen (14) calendar days prior to the tirst public
hearing a sign identifying the request including date(s), ti,,,C(s) and place(s) of
the public nearing(s) shall be posted on the subject parcel. Such sign shall be
erected in tull 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 sig,, Shall be erected at the nearest public right -of -waw
subject to the application. Sign(s) shall be removed after a decision is :endued
on the application. 'l he tailure of an such uch posted notice sign to remain in place
atter the notice has been posted shall not be deemed a tailure to comply with
this requirr... cm, no,: Shall it be grounds to challenge the validity of any decision
made by the Community Development Boa -cd p, the City commission.
(d) Urdinances that change the text of the Land Development Regulations, other than those
that revise the actual list otpermitted conditional or prohibited uses within a zoning
(i) rublic hearings. The Community Development Board shall hold one (1) advertised
public nearing- and the City Commission shall hold two (2) advertised publitu
hearings 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 /-nniig category. All public hearings shall be held on a
weekday after 5 p.m.
(L) Notice. All notices re ag r5ing 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 accordance with
F.S. § 166.041, unless otherwise specit.ed herein.
a. -Published notice. At least ten (10) calendar days prior to each public hearing,
the City Manager or their designee shall nave published an advertisement giving
notice of the public hearing.
the 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 (19) point. the advertisement shall not be placed in
that portion of the newspaper where legal notices and classitied advertisements
appear. The nouce shall be published in a newspaper of general circulation in
the City. The notice shall state the date th x, place ofthe meeting, and the place
or places within the City where the proposed ordinances may be ii,3pmed by
the public. t he notice shall also advise that interested parties may appear at the
meeting and be heard with respect to the proposed ordinance.
009515e1 -L 12
Advertisements f6r ordinances that change the text of the Land Development
xegulations, other than those that revise the actual list of peimitted, conditional
or prohibited uses within a zoning category shall be in substantially the
tollowin loam:
NOTICE OF LAND DEVELOPMENT REGULATIONS TEXT
(;t1AN (its
The Uity of Atlantic Beach proposes to adopt the following Urdinance
(title of the erdinanee).
A public hearing on the ordinance will be held on (date and time)
(meeting place).
b. Mailed novice. At leaJt loulteen (14) calendar days prior to the first public
Ile-QIIlng, noCIGi✓-JIlCLll be sentbyU.S. Mail to each reall.JropG1 y VwnGl W VJ
land is subiect to the proposed text change and also to owners whose !an& -is
within three hundred (3uu) feet of the subject parcel(s) and whose address is
known by relerence to the latest ad valorem tax records. 1 he notice shall state
the dates , time(s), place(s) of the public hearing(s) and the place or places
within the City where the application lila. be i��Jpeeted by the public. "l he notice
shall also ad'visefhatinfel%l3th"
regarding the application. A copy of the notice shall be kept available f6r Public
inspection during the regular business hours of the ollice of the Lity laerk.
(e) Ordinance,, initiated by an applicant other than the City to change the actual Ufticlal
Zoning Map designation of a parcel o
(1) -public nearings. the Lommunity t)evelopment tsoard shall hold one (1) advertised
public hearing and the Lity Lommission shall hold two (L) advertised public
hearings on proposed ordinances initiated by an applicant other than the Lity to
change the actual Ottleial Zoning Map deJigiiati-Vn et a parcel or parcelJ. All public
hearings shall be held on a weekday after 5 F:m.
(L) Notice. All notices regarding ordinances initiated by an applicant other than the
City to change the actual Ulticial Coning Map designation of a parcel or parcels,
Jhall be provided by the City Manager or their de,,ignee in accordance with I,'. S.
166.041, unless otherwise speeified herein.
a. FublisheU notice. At least ten (1u) calendar days prior to each public hearing,
an advertisementig ving notice of the public hearing, shall be provided.
The required advertisement shall be one-quarter (1/4) page ii., a Jtanda-Ld Jizc er
a Mabloid size newspaper, an e ea ine in adve-iliseme—nt shatt be in a pe
no smaller than eighteen (1 8) point. 1 he advertisement shall not be placed in
that portion of the newspaper where legal notices and classitied advertisements
33 3 -z 13
appear. the notice shall be published in a newspaper of general circulation in
the City. the notice shall state the Gate, time, place of the meeting, and the place
rir places Within the City where the proposed ordinances may be inspected by
the public. The notice shall also advise that iiimn iCa parties may appear at the
meeting and be heard with respect to the proposed ordinance.
Advertisements for ordinances initiates by an applicant other than the laity to
change the actual Utftcial Zoning Map designation of a parcel or parcels shall
be bs tia 1i.._ F IIS l
U�II11LlDSl0.11lTQlly CIIG lol1Vw111', 1111.
NUIIUh Ut GUNINU1V1AV UHANUh
The City of Atlantic Beach proposes to adopt the following Urainance
(t tic of the
A public hearing on the ordinance will be held on (date and time)
(meeting place ).
The advertisement shall contain a geographic location map which clearly
indicates the area covered by the proposedg,rdiva�xc. "lhc map shall include
major street names as a means of identification of the general area. In additio.�
to being published in the newspaper, the maps must be part of the online notice
required pursuant to I,'. N. § SU.U211.
b. Mailed notice. At lca3t frjuriccn (14) calendar aays prior to the first public
land is within three hundred (.s00) feet of the subject parcel(s) and whose
aaaress is known by reference to the latest ad valorem tax records. the notice
shall state the aate(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.
The notice shall also advise that intcrestcd parties j.,,gyqppear at the meeting
and be heard re ag rdiny, the application. A copy of the notice shall be kept
available for public inspection during the regular business hours of the office of
the laity Clerk.
c. Posted notice. At least fourteen (14) calc.Oar agy,prior to each public hearing,
a sign identifying the request, including date(s), times and places of the
public hearing(s), 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 Goes not have frontage
on a public stmt a sigh shall be erected at the nearest public right-ot-way with
an attached notation indicating the general direetion and distanee in ihe ini-O
subject to the application. Nig (s) shall be removed after a decision is rendered
on the application. l he failure of any such posted notice sign to remain in place
alter the notice has been posted shall not be aeemea a failure to comply with
0095152 I -Z 14
this reyuirement nor sha11 it be grounds to challenge the validity of any decision
made by the Community oevelopment Board or the City Commission.
Ordinances that change the teAt of The Laud Dcvelopment Regulations to revise the
actual list of permitted, -conditional or prohibifed tises within aZU11MV, CaLk,
rtiblic hearings. The Community Development Board shall hold one (1) advertised
public hearing and the City Commission shall hold two (2) advertised public
hearings oi, propo3rd o�Uiiianrr3 that change the text of the Land llevelopmeRegulations to revise the list of nt
permitted,
zoning category.
All public hearings shall be held on a weekday alter 5 p.m. 1 he second public
hca,mg bctoic the City Commission shall be held at least ten (10) calendar days
after the first Public heating.
Notice. All notices regarding ordinances that change the text of the Land
Development Regulations to revise the list of permitted, conditional, or prohibited
u3e3 within a zoning category, shall be in accordance with r.�;. § 166.U41, unless
otherwise specified hetein.
a.-ubtishe7 notice. At least ten (1u) calendar days 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 -quarte (1/4) pa c, c,cept 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 16) point. 1 he advertisement shall
not be placed in That portion of the newspaper where legal notices and classified
advertisements appear. The advcrtlsc�j.,c,,j 3hall be placed in a newspaper of
general paid circulation in the City and of general -interest and read,,. ship i.. ths�
City, not one of limited subject matter, pursuant to uhahter 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 i.,3pcctcd by the public. The notice shall also advise that
interested parties maappear at the meeting and be hca�d lc ardl..g The
proposed ordinance.
Advertisements for ordinances that change the text of the Land llevelopment
Regulatioi,3 to tcvisc the actual list of permitted, conditional, or prohibited uses
within a zoning category shall be in substa.A.,ally the tollowi,,tg orm:
NU11Cr; Ur LAND L)hVr;LUYMr;N1 FP-uuLA1IONS 1EXT
CHAN Cir;
UUJ61521-L 15
the City of Atlantic tseach proposes to adopt the following Ordinance
(title of the ordinance).
A public hearing on the ordinance will be held on (dare and time)
(meetingp_ lace
b. Mailed notice. 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
land is subject Lo the proposed next change and also Lo owners whose land is
within three hundred (300) feet of the 3ubjeCt parcel(;,) and whose address is
known by reference to the latest ad valorem tax records. The notice shall statr
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 advise LhaL inLeresLed parties may ppear at the meeting and be heard
legarM.. the he application. A copy of the notice shall be kept available for public
. . ! ction during the regular !L-,Jtlsiness hours of the office of the City Ul,�,k.
(g) UrInances initiated by the City that change the actual zoning map designation for a parcel
or parcels of land involving ten 1 U contiguous acres or more.
Public hearings. The Community Development Board shall hold our (1) adveltised
public hearing and the City Commission 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 (1 U) contiguous acres or more.
All public heai..g3 shall be held on a weekday atter 5 p.m. The second public
hearing before the City Commission shall be held at least ten (10) calendar days
after the first public ImuXilir'.
(2) Norice. All notices regarding ordinances initiated by the City that change the actual
/-oning map designation for a parcel or parcels of land involving Len (1 U) coni uous
acres or more, shall be provided by the City Managef or thii ji
accordance with F. S. § 166.u41, unless otherwise specified herein.
a. PublishO notice. At least ten (IU) calendar days prior to each public hearing,
an advenisemenLig ving novice of she 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 (L) columns wide by ten 1 u) inches long, in a standard
size or a tabloid size newspaper, and the headline in advertisement shall be in a
type no smaller than ei hLeen (IS) point. the advertisement shall not be placed
ii, that portion of the lie W 3paper where legal notices and classilied
advertisements appear. The advertisement shall be placed in a newspam Off
general paid circulation in the City and of general interest and readership in the
City, not one of limited subject matter, pursuant to Chapter bu, rlorida 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 reag riling the
VLc i i
Advertisements for ordinances initiated by the City that change the actual
zoning map designation for a parcel or parcels of land involving ten (1u)
contiguous acres or more shall be in substantially the following form:
NOTICE OF ZONING MAP CHANGE
the City of Atlantic -Beach proposes to adopt the following Ordinance
(title of the ordinance
A public hearing o.. the ordinance will be held on (date and time)
(meeting place).
The advertisement shall contain a geographic location map which clearly
indicates the area covered by the proposed ordinance. l he map shall include
major street na=3 a, a mean,, of identilication of the general area. In addition
to being Published in the newspaper, the maps must be part of tht, 011fint, flotler
required pursuant to r.S. § 5u.uzl 1.
b. Mailed notice. Each real property owner whose land the City will redesignate
by enactment of the ordinance and whose address is known by reference to the
substance of the proposed ordinance as it aff-ects thiat property owner and shall
set a time and place for one or more public hearings on such ordinance. Such
notice shall be given at least thirty (3U) calendar days prior to the date set for
the first public hearing, and a coy of the notice shall be kept available for
public i..spectioi, during the regular business hours of the office of the City
Clerk.
(h) Urdinances initiated by the City that change the actual zoning map designation for a
parcel or parcels of land involvingless ess than ten 1 U) contiguous acres.
Public hearings. The Community Development Board shall hold o..e (1) advertised
public hearing and the City Commission shall hold two (2) advertised public
hearings 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 (I U)
contiguous acres. All public hearings shall be held on a weekday alter b p.m.
(L) Notice. All notices regarding 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, shall be provided by the City Manager or their designee in
accordance with E.S. § 166.041, unless otherwise specified.
UrNolnLl-L I
a. -Published notice. At least ten (l U) calendar days prior to each public hearing,
an advertisememig�ving notice of Lhe public hearing shall be published.
The required advertisement shall be one-quarter (1/4) page in a "tandard i,e or
a tabloid size newspaper, and the headline in advertisement shall be in a type
no smaller than eighteen 19) point. i he advertisement shall not be placed in
that portion of the newspaper where legal notices and classitied advertisements
appear. The notice 3hall be published in a newspaper of general circulation in
the City. The notice shall state the date, time, place of -the liLeeti�.Lg, and the place
or places within the City where the proposed ordinances may be inspect
the public. the notice shall also advise that interested 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
. ig map designation f6r a parcel or Parcels of land involving less than te.n.
(iu) ontiguous acres shall be in substantially the following form:
NO I ICE Ul,' GUN 1N U MAY UHAN lilt
_•
= L�Atlantic r;��Beach �i�pi•�:1ti:is'sisi�usi►:in_i�i�w�i�_ Ordittatteet
Ctitle • • •
A public hearing on the ordinance will be held on (date and time)
(meeting place).
the advertisement shall contain a geographic loeation map whieh elea-
indicates the area covered by the proposed ordinance. the map shall include
major street names as a means of 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 F.S. § 50.0211.
b. Mailed notice. hath real property owner whose land the City will redesignate
by enactment of the ordinance and whose address is known by reterence to the
latest ad valorem tax records shall be notitied by mail. The notice shall state the
3ub3tance of the prnpn,,ed ordinance as it aftects that property owner and shall
set a time and place fbr one or more public hearings ott such ordittatte, Sueh
notice shall beivg en at least thirty (30) calendar days prior to the date set for
the tirst public hearing, and a copy of the notice shall be kept available for
public inspection during the regular business hours of the ottice of the laity
Clerk.
(i)pplications for variances.
VVYS l SL I -L is
L1.! i'uZ51ic hearings. the community "evelopment tioard shall hold one (1) advertised
public hearing on applications for variances. the public nearing shall be held on a
weekday after 5 p.m.
(z,) Notice. Notice of all public hearings for applications for variances shall br, provided
by the laity Manager or their designee in accordance with the following provisions:
a. Publishes nocice. At least ten (10) calendar days prior to the public hearing, an
advertisemna giving notice of the public hearing shall be publishel the
advertisement shall be placed in a newspaper of gnmral p.iJ cirmilation in the
laity and of general interest and readership in the City, not one of limited subject
matter, pursuant to uhapter bu rlorida statutes. the notice shall state the date,
time place of the public hearing and the place or places within the laity where
the application may be inspected by the public. the notice shall also advise that
interested parties may !appear at the ineeting a-t�d be heard re ag rding the
application.
b. Mailed nocice. At least lourteen (14) calendar days prior to the public hearing,
1101X, shall be sem by U.S. Mail to each real property owner whose land is
within three hundred (300) feet of the subjr,cL parcel(s) and whose address is
known by reference to the latest ad valorem tax records. The notice 3hall stair,
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. the notice shall also
advise that interested parties mayqppear at the meeting and be heard re ag riling
thr, application. A copy ofthe notice shall be kept available for public inspection
c.-Vostea notice. At least tourteen (14) calendar days prior to the public hearing,
a sign identitying the request, including date, time and place of the public
hr,aring shall be posted on the subject parcel. Such sign shall be erected in full
view of the public street o11 each street�idr, of thr, land subject io the application.
where the property subiect to the request does not have ft-ontag, On a pub 1 ic
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. Thr, failurr, of a11y such posted notice sign to remain in place after
the notice has been posted shall not be deemed a failute to cotiply with this
requirement nor shall it be grounds to challenge the validity of any decision
made by the community oevelopment tioard.
Applicatiolls for waivel3.
l.l.) Public hearings. 1 h laity Commission shall hold one (1) advertised public hearing
on applications for waivers. the public hearing shall be held on a weekday after 5
p.m.
CU95I5z t -z 19
(2) Notice. Notice of all public hearings for applications for waivers shall be provided
by the C;ityManager or their designee in accordance with the tollowing_provisions:
a. Published notice. At least ten (10) cale,«dar aay., prior to the public hearing, an
advertisement giving notice of the public hearing, shall be hubli3hed. "lhe
advertisement shall be placed in a newspaper of general paid circulation in the
City and of general interest and readership in the Uity, not one of limited subject
,,,<atrr, pursuant io Lhapter 5u of the Florida Statutes. the notice shall state the
date time, place of the public hearhig and the place or places within the City
where the application may be inspected by the public. The uonce shall also
advise that interested parties may appear at the meetinr, and be heard regarding
the application.
b. Mailed notice. At least tourree,« (14) calendar days prior to the public hearin
within three hundred (.juu) feet of the subject parcel(s) and whose address is
known by reterence to the latest ad valorem tax records. -he notice shall state
the date time place of the public hearing and the place or places within the laity
where the applicatio., Lay be inspected by the public. The notice shall also
advise that interested parties may appear at the ,<L rui ig and be heard regarding
the application. A copy of the notice shall be kept available for public inspection
duringt, he regular business hours of the office of the City Clerk.
e. Posted fwrire. Ai least foul -Leen (14) calendar days prior to the public hearing,
a sign identifying the request includi..g date, time and place 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
3ireet a sign shall be erected at the nearest public right-ot-way with an attached
notation indicating the ge,«eral direction and distance to the land subject to the
application. Sign(s) shall be removed after a decisio,« i3 rendered on the
application. 1 he tailure of any such posted notice sign to remain in place 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
(k) Applications for uses -by -exception.
-Public hearings. The Community Development -Board and the city Lommission
shall each hold o,«e (1) aaverrised public hearing on applications for uses -by -
exception. All public hearings shall be held o., a wee- day atter 5 p.m.
(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 tollowing
[21OV1310t1s,.
6696162 L-2 L u
a. 1'uhlishec7 not ice. At least ten (10) calendar days prior to each public hearing,
Ern cav�nis�mentig ving notice of the public hearing shall be published. 1 he
advertisement shall be plamd in a ncwspaprr of general paid circulation in the
City and of general interest and readership in the City, not one of h..;ted subject
matter, pursuant to Lhapter 5u of the rlorida Statutes. The notice shall state the
dale time place of the public hearing and the dace or daces within the City
where the application may be inspected by the public. The notice shall also
advise that intercstcd partin ,,Lay pp�a-L ai the meeting and be heard regarding
•ding
the application.
b. Mailed notice. At least lourteen (14) calendar days prior to the first public
hearing notice shall be sent by U.S. Mail to each real property owner whose
land is within thr�c hund,�J (300) feet of the subject parcels) and whose
address is known by reference to the latest ad valof%..iii ta2c fccoicUs. '!'he
shall state the date time, place of the public hearing and the place or places
within the Lity 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
mgaedin tg_hc application. A copy of the notice shall be kept available for public
inspection during the regu ar usiness hours ot- the otli- LM CiLY:UICM.
c. -Posted notice. At least fourteen (14) calendar days prior to the first public
hearing a sign identilyin t�quest, including Jate(s ), time(s) and place(s) of
the public hearings) shall be posted on the subject parcel. Such sign shall be
erected in full view of the public st.cm on each street side of the land subject to
the application. Where the property subject to the request does not have tiontage
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 alter a decision is rendered
on the application. Thi tailurc of any Such posted notice sign to remain in place
after the notice has been posted shall not be dccmcd a tailuic to comply with
this requirement nor shall it be grounds to challenge the validity of any decision
made by the Uommunity Development board or the City uommission.
(1) Contest. If no advnrscly attcct�d party contests the issue of proper notice within thirty
(30) calendar days of the City Commission, or the Coi.luuuility DcvdopmmL Board in
the case of variances rendering its decision, then notice shall be deemed to be in
compliance with this section.
00961621-2 21
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
REQUIREMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
DATE February 14, 2018
STAFF Derek W. Reeves, Planner
STAFF COMMENTS
At the January 16, 201.8 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 for newspaper ads were extended from 7 or 5 days to 10
days. This keeps things consistent with current codes. The size ofnewspaper ads were increased to quarter
page ads ror all Comprehensive Plan, I_,and Development Regulations and Zoning Map related items. 'Phis
is a difference per run of $313.00 for the old two column wide ads to $192.98 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. `Phis 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 Lates 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 6,2100 RF' numbers in the City. This includes condos
that have multiple units on a single property that could have one sign, which reduces the nurnber of signs
needed. Ilowrver, 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 of a 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 6,240
signs, it would take 620 hours or $12,400. It would tape one fulltime 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 oi` $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 tilt
only _jurisdiction to exceed state requirements. Signs arc the most common example of that because those
items are often city wide and the most onerous. Atlantic Beach's current cede far exceeds state
requirements and the proposed ordinance exceeds the state requirements and what most cities require.
Page 2 of 2
Atlantic
Beach
Proposed
Ordinance
State
Neptune
Beach
lax
Beach
St.
Augustine
Orange
Park
Comp Plan Text
News
10
1(1
7/5
715
715
715
7/5
Mail
30
NA
NA
NA
NA
NA
Sin
14
NA
_NA
NA
NA
NA
NA
NA
Comp Nan Map
News
10
10
715
7/5
7/5
7/5
7/5
Mail
30
NA
NA
NA
NA
NA
NA
Sin
14
NA
NA
NA
NA
NA
NA
Small Scale Comp Plan
News
10
10
7
7
7
7
7
Mail
30
14
NA
NA
NA
NA
NA
Sin
14
14
NA
NA
NA
NA
NA
1.DR I -ext (not rises)
News
10
10
10
10
10
10
14
Mail
)()
NA
NA
NA
NA
NA
NA
Sin
14
NA
NA
NA
NA
NA
NA
Zoning Ma (applicant)
News
10
10
10
10
10
10
15
Mail
30
14
NA
NA
30
NA
15
Sign,
14
14
NA
21
5
NA
15
LDR Text uses
News
10
10
715
7/5
7/5
715
7/5
Mail
30
NA.
ALT
A1,T
ALT
ALT
AIT
Sin
14
NA
NA
NA
NA
NA
NA
Tonin Ma 10+ acres
News
10
to
7/5
7/5
7/5
7/5
7/5
Mail
30
NA
ALT"
ALT
ALT
ALT
ALT
Sin
14
NA
NA
21
NA
NA
NA
Zonin Ma <I0 acres)
10
10
NA
NA
10
NA
NA
-News
Mail
30
30
30
30
30
34
30
Sin
14
NA
NA
21
5
NA
NA
Page 2 of 2
CITY OF A`T'LANTIC: BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDAITEM 4.E
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, NO'T'ICE OF PUBLIC HEARINGS;
IDELETfNG CURRENT SECTION 24-51 IN ITS ENTIRETY, ADOPTING
NEW SECTION 24-51, PUBLIC HEARINGS AND REQUIRCD 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 rclated to the noticing of
public hearings for things like ordinances related to Land Development Regulations changes, iezonings
and Comprehensive Plan amendments. Some of the issues vary frorn logistical problems like posting
notice signs oil 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 came to the attention ofthe City Commission
and Community Development Board at the joint meeting on May 24 of 2017 where it was discovered staff'
would have to past a couple of hundred signs for the Mayport Business Overlay District ordinance. This
was followed up by a JulyTown lull meeting, where the natio; requirements were discussed. Since thee,
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 t11e four in 1110
current code. It is Relieved 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 are sent out remains the 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 (lie Board may decide to make a
recommendation change to the City Commission is to make it so the Board is the final vete 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 staff's thoughts on adding the notice requirement.
(a) Except as provided in Subsection (c) herein, ordinances that amend the text of the adapted
Comprehensive Flan.
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
Maiter: Not required, passible- 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 Official Zoning
Map designation of a parcel or parcels.
Newspaper: Required
Mailer: Not required, passible 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 of 2