§ 68-122. Rezoning.
(a)
Application for a rezoning. An application to rezone land may be initiated by the city or by the property owner.
(1)
Pre-application meeting. Before any rezoning application is filed by the property owner, the applicant shall attend a pre-application meeting with the community improvement department (CID) director. The purpose of the meeting is to discuss, in general, the procedures for a public hearing before the decision-making bodies.
(2)
Application filing. The owner or an authorized agent for the property owner shall file an application for rezoning with the CID director and pay the required application fee.
(3)
Application information. The application shall provide the following information:
a.
Legal names of each of the owners of the subject property including their business and home addresses and telephone numbers;
b.
If any owner is a business entity such as a partnership, corporation or joint venture, the names and business addresses of all partners and officers, as appropriate, and telephone numbers;
c.
The legal description of the subject property;
d.
A copy of the deed or deeds conveying the subject property to the current owner;
e.
If the applicant for rezoning is a representative of the owner, evidence of agency in the form of a letter, affidavit or other document satisfactory to the city attorney; and
f.
Any other information required by the CID director.
(b)
Public hearing. In addition to the notice required by Florida Statutes, notice for each public hearing before the local planning agency and city commission shall be mailed by the applicant to all persons by certificate of mailing who, according to the most recent tax rolls, own property within 200 feet of the property proposed for rezoning. The notice shall be mailed at least ten days before the scheduled public hearing. The expense of this mailing shall be borne by the applicant.
(c)
Review by local planning agency. After review of the application by staff, the CID director shall have a draft ordinance prepared, which, if adopted by the city commission, would affect the proposed rezoning. The CID director shall forward the application and ordinance to the local planning agency for consideration. The local planning agency shall review a proposal for rezoning and shall make an advisory recommendation to the city commission as to the need and justification for the change and the relationship of the proposed change to the goals, objectives and policies of the city comprehensive plan (future land use element) and the land development regulations. The local planning agency shall include in its recommendation to the city commission any information which it deems is relevant to issues relating to the proposed rezoning.
(d)
Criteria for consideration by the local planning agency. The local planning agency shall evaluate each application for possible negative effects including but not limited to consideration of the following:
(1)
The existing land use pattern; compatible with the purpose and intent of the applicable comprehensive plan goals, objectives and policies;
(2)
The population density pattern of the area and possible increase or overtaxing of the load on public facilities such as utilities and streets;
(3)
The possible overloading of the city's sewage collection facilities;
(4)
The possible overloading of the city's drainage system;
(5)
The proposed change would create an isolated zoning district unrelated to adjacent and nearby zoning districts;
(6)
The existence of changed or changing conditions which make the passage of the proposed rezoning necessary or appropriate;
(7)
The impact of the proposed rezoning upon living conditions in the adjacent neighborhood;
(8)
The impact of the rezoning and allowable development upon the flow of light and air to adjacent areas;
(9)
The impact of the proposed rezoning upon property values in the adjacent area;
(10)
The impact of the proposed rezoning upon improvement or development of adjacent property in accordance with existing regulations; and
(11)
The existence of other adequate sites in the city for the proposed use in districts already permitting such use.
(e)
Review and consideration by city commission. The city commission shall review and consider the application for rezoning after the local planning agency and CID director make their recommendation. The CID director shall prepare a written report to submit to the city commission which includes the recommendation of the local planning agency and the draft ordinance. The city commission shall hold two readings and public hearings to consider the application for a proposed rezoning. If the city commission approves the application for rezoning, the rezoning ordinance becomes effective as provided in the body of the ordinance.
(f)
Reconsideration of application. If the city commission denies an application for rezoning, an application for an identical rezoning of the same subject property may not be filed for one year after such denial.
( Ord. No. 14-08, § 2, 10-7-14 ; Ord. No. 15-03, § 3, 7-7-15 ; Ord. No. 16-12, § 1, 10-18-16 )