| | | | | | | |  | Committee Assignments - C4 A
COMMISSION MEMORANDUM |
| | | |
| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | April 28, 2023 | | | |
| | SUBJECT: | REFERRAL TO THE PLANNING BOARD - NOTICE REQUIREMENTS FOR DISCUSSION ITEMS. |
| | | |
| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission refer the attached ordinance amendment to the Planning Board. |
| | | |
| | | | | | | | BACKGROUND/HISTORY
| On November 16, 2022, at the request of Commissioner Ricky Arriola, the City Commission referred a discussion (item C4 U) regarding improved notice requirements for property owners to the Land Use and Sustainability Committee (LUSC). On January 25, 2023 the item was continued to the February 15, 2023 LUSC meeting, with no discussion. On February 15, 2023, the LUSC discussed and concluded the item with direction to the Administration to draft an ordinance and recommended that the City Commission refer the ordinance to the Planning Board.
BACKGROUND
A robust public notice and review process currently exists for all applications for development approvals heard by the Design Review Board (DRB), Historic Preservation Board (HPB), Planning Board and Board of Adjustment. The City’s Land Development Regulations set forth the process and minimum notice requirements for all Land Use Board (LUB) applications. Hearings before a LUB on an application for development approval are required to be noticed in accordance with the following provisions:
a. Advertisement. At least 30 days prior to the public hearing date, a description of the request, and the date, start time of the meeting and location of the hearing shall be noticed in a newspaper of general circulation.
b. Mail notice. At least 30 days prior to the public hearing date, a description of the request, and the date, start time of the meeting, and location of the hearing shall be given by mail to the owners of record of land lying within 375 feet of the property subject to the application. Applicants shall submit all information and certifications necessary to meet this requirement, as determined by the Planning Department. Additionally, courtesy notice shall also be given to any Florida not-for-profit community organization which has requested of the Planning Director in writing to be notified of board hearings.
c. Posting. At least 30 days prior to the public hearing date, a description of the request, and the date, time, and place of such hearing shall be posted on the property. Such posting shall be a minimum dimension of 11 inches by 17 inches and located in a visible location at the front of the property and shall not be posted on a fence or wall that would be obstructed by the operation of a gate.
|
| | | |
| | | | | | | | ANALYSIS
| Currently, there are no minimum notice requirements for discussion items that may be taken up by one of the City’s LUBs (DRB, HPB, Planning Board or Board of Adjustment). Generally, when a member of a LUB requests a particular matter be discussed, the practice has been for the Board to place such discussion on the next available agenda. At that point, the item is added to the City’s online agenda system where it is available to the public.
While not common, there have been instances where a LUB discusses and provides a recommendation on an item without any type of notice. To increase transparency related to these types of discussion matters, at the request of the LUSC the Administration has drafted the attached ordinance, which establishes minimum notice requirements for LUB discussion items:
1. At least 10 days prior to any discussion item being heard specific to a single property, a courtesy mail or email notice shall be sent to the owner of such property, and the title for such discussion shall be posted on the City’s online agenda system.
2. At least 10 days prior to any discussion item being heard with respect to multiple properties, the title for such discussion shall be posted on the City’s online agenda system.
To avoid conflict with the City’s Charter provision regarding the powers and duties of the HPB, the above provisions are not applicable to HPB discussion items pertaining to the initiation of historic designation. While the Administration will continue to make every attempt to provide advance notice to a property owner, the following additional supplemental notice is included in the ordinance:
1. Within 10 days following an action by the HPB to initiate the historic designation of a single property or a district containing less than 10 properties, a mail or email courtesy notice shall be provided to such property owner(s).
It is important to note that the existing historic designation procedures currently require a minimum of five (5) public notices after the HPB votes to initiate the designation process. The designation of an individual property or an area less than 10 acres includes a mail notice to any affected property owner and all property owners within 375’ prior to HPB review of a preliminary evaluation and prior to the initiation of zoning in progress.
In summary, the Administration believes that the proposed enhanced notice provisions for discussion items before the City’s LUB’s will serve to increase transparency and provide property owners with vital information with respect to their individual property. |
| | | |
| | | | | | | | SUPPORTING SURVEY DATA
| | N/A |
| | | |
| | | | | | | | FINANCIAL INFORMATION
| | No fiscal impact is anticipated. |
| | | |
| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission refer the attached ordinance amendment to the Planning Board. |
| | | |
| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
| | | |
| | | | | | | | Legislative Tracking
Planning |
| | | |
| | | | | | | | Sponsor
Vice-Mayor Ricky Arriola |
| | | |
|