CODE NUMBER: AC-09-54 CITY OF BONITA SPRINGS RULES OF PROCEDURE FOR COUNCIL MEETINGS U:\Cty Attorney\Administrative Codes\09-54 Small Scale Comp Plan Notification.doc Page 2of7 10 units or less per acre or proposed future land use category 5. If for a residential land use, residential land use has a density of use map for a site-specific small scale development activity. comprehensive plan, but only a land use change to future land 4. There is no text change to goals, policies, and objectives of prior 12 months. property within 200 feet of property granted a change within 3. The proposed amendment does not involve same owner s granted a change within prior 12 months, 2. The proposed amendment does not involve same property 1. The proposed amendment involves a use of 10 acres or fewer, may be adopted only under following conditions: Under Florida Statutes 163.31 87, a small scale development amendment Rule 1. Florida Statutes 163.3187 Criteria consideration of amendments to local comprehensive plan. allows City to approve without regard to statutory limits on frequency of Plan amendment, meeting criteria of Florida Statutes 163.3187, which A Small Scale Development Amendment is a proposed Comprehensive POLICY PROCEDURE: 163. PURPOSE/SCOPE: To provide notification procedures for small exceeding requirements in Florida Statutes scale comprehensive plan amendments, ORIGINATING DEPARTMENT: City Attorney I City Manager s Office ADOPTED: June 3, 2009 Comprehensive Plan Amendments TITLE: Notification Procedures for Small Scale ADMINISTRATIVE CODE EXHIBIT A
allows a maximum residential density of same or less than maximum residential density allowable under existing future land use category, unless it meets statutory exception for urban and downtown redevelopment. 6. Planning will make sure cumulative annual changes for all small scale development amendments does not exceed 80 acres (or a maximum of 120 acres in areas specifically permitted by statute, i.e., areas for urban infill, urban redevelopment, downtown revitalization, transportation concurrency exception areas, regional activity centers and urban central business districts, however, if this exception is used, n City may not permit small scale comprehensive plan amendments to exceed 60 acres for property outside designated areas). 7. If Bonita Springs initiates small scale plan amendment, City is not required to comply with procedures and public notice requirements of Florida Statutes 163.3184(15)(c) if City complies with Florida Statutes 166.041(3)(c). All or small scale plan amendments are required to meet both statutory public notice and additional notice required under this Administrative Code. 8. Planning will send copies of notice and amendment to state land planning agency (Florida Department of Community Affairs), Southwest Florida Regional Planning Council, and any or person or entity requesting a copy. The information sent must include a statement identifying any property located within a coastal high-hazard area as identified in local comprehensive plan. 9. Small scale development amendments require only one public hearing before City Council, which shall be an adoption hearing. At this time, Bonita Springs City Council is not electing to have small scale development amendments subject to requirements of Florida Statutes 163.3184(3)-(6) (transmittal with or Comprehensive Plan amendments and intergovernmental review). 10. Any affected person may file a petition with Division of Administrative Hearings to challenge compliance of a small scale development amendment within 30 days following City Council s adoption of a small scale amendment. 11. Small scale development amendments do not become effective until 31 days after adoption. If challenged within 30 days after adoption, small scale development amendments shall not become effective until state land planning agency or Administration Page 3of7 U:\cty Attorney\Administrative codes\o9-54 Small Scale comp Plan Notiticationdoc
Commission, small adopted respectively, issues scale development amendment a final order determining is in compliance. Rule 2. Applicants Additional Notification Procedures 2.01 Written Notice Applicants must mail notices of hearings before local planning City Council for review and adoption of small scale to surrounding property owners list and map. amendments agency and development 1. The surrounding property owners list is a complete list of all property owners, and ir mailing for all property within 375 of of subject parcel or portion that is of small For of this Administrative Code, and of property owners will be to be on tax rolls of county at time staff small is sufficient for perimeter deemed hearings. addresses, reof scale development amendment. names addresses purpose those appearing scale development amendment determines latest feet subject 2. The property owners map is a map displaying all parcels of property within 375 of perimeter of parcel or portion is of feet subject request subject reof that 3. The applicant is responsible for list. owners accuracy of surrounding property 4. This applicant will mail notice to property owners on surrounding property list no than thirty prior of notices of before local planning and City Council for review and adoption of small development owners scale less agency days amendments. hearings 5. The notice must indicate where copies of proposed may be or reviewed, or where application for public hearing may be reviewed. obtained amendment 6. The applicant may obtain from City Clerk of both and m both in letter, or produce two letters. advertise same dates hearings, separate 7. The applicant s failure to mail or to timely mail such notice will constitute a in notice or bar public hearing Seven prior to both hearing, applicant must provide an affidavit of mailing to owners, with a copy of letter, surrounding property owners list and defect as scheduled. days Page 4of7 U:\City Attorney\Administrative Codes\09-54 Small Scale Comp Plan Notification.doc
property owners map, for review by City Attorney, City Clerk and City Land Planner. 8. Notice certification and affidavits. No public hearing may be commenced by local planning agency or City Council unless affidavit proof of required notice publication and mailing is presented to local planning agency or City Council for review and submitted to records keeper for filing with minutes of meeting. 9. Requirements of written notice specifically applies when City of Bonita Springs initiates a small scale comprehensive plan change on its own accord, unless City Council by resolution determines it is unnecessary. 2.02 Posting of Property As a courtesy to adjacent property owners, at least fifteen (15) calendar days before initial public hearing before Local Planning Agency, applicant must, in accordance with instructions outlined by Community Development: 1. Pay for and post sign(s) supplied by Community Development indicating action requested by applicant, date of initial public hearing and assigned case number, 2. Make a good faith effort to maintain sign(s) in accordance with instructions supplied along with sign(s) in place(s) selected to provide maximum visibility and exposure to public, and in readable condition until requested action has been heard and a final decision rendered by City Council, and 3. Prior to initial public hearing on its case, submit affidavit provided attesting to applicant s compliance with all of requirements for posting. Rule 3. Public participation. 1. Participation before local planning agency or City Council. At eir public hearing, all persons will be heard. However, local planning agency and City Council has right to refuse to hear testimony which is irrelevant, repetitive, defamatory or spurious, and to establish reasonable time limits on testimony. 2. The public may provide written comments at any time up to and including three (3) days before date of a public hearing at which consideration of amendment is scheduled. Written comments may be submitted to City Clerk. Upon receiving a written comment, City Clerk will Page 5of7 U:\city Attorney\Admtnistrative codes\o9-54 Small Scale Comp Plan Notification doc
ensure sufficient distribution of comments to necessary persons for or to Bonita Springs City Council, whichever is applicable, so as to comment may also be presented at any public hearing provided that commentator supplies at least ten (10) copies of such comments to [PA, u:\city Attorney\Admfnistrative codes\o9-54 Small Scale comp Plan Notification.doc Page 6of7 notice of hearings. If any publication, such as advertising, posting or deferred by staff or by applicant. Advertisement includes mailed 1. Deferral. A scheduled but not yet advertised public hearing may be Rule 4. Deferral or continuance of public hearing / Workshops. However, ir response may be supplemented as record shall reflect. City Council will constitute ir response to all public comments. Council unless commentator supplies Council with a transcript of Council. The final actions taken by [PA and by Bonita Springs comments made only before [PA need not be reviewed by City comments into ir analysis for presentation to Bonita Springs City those oral comments. To extent possible, staff will incorporate public and oral, prior to its final vote on a particular proposed amendment. Oral 6. The Bonita Springs City Council will review all public comments, written to file a petition. number of plan amendment, and a statement that affected persons have twenty-one (21) days after actual date of publication of notice Intent will appear, approximate date of publication, ordinance from DCA that includes name of newspaper where Notice of address on sign-in form will receive a courtesy informational statement 5. Persons who submit written comments or who provide ir name and to DCA at time of transmittal of adopted amendment. included on a list prepared by Planning Director that will be forwarded addresses to City on sign-in form provided in Chambers will be 4. Those persons submitting oral comments who provide ir names and or out of order, will not be allowed. Comments that are irrelevant, immaterial, repetitive, spurious, defamatory, reasonable time limits imposed by [PA Chairman or Mayor. public hearing on amendment. The right to comment will be subject to 3. The public may provide oral comments on a proposed amendment at any proposed plan or plan amendment during time period between commencement of transmittal hearing and end of adoption and address of any person who submits written comments on hearing to DCA at time of adopted amendment. review, analysis and consideration. The City will also forward name transmittal to Planning, City Attorney and [PA and City Council. Written acknowledge its receipt by providing a copy to commentator of
as posted on door, cable station and city website. No additional regular meeting will be provided to public and all news media, as well any regular meeting, notice of postponement or cancellation of any postponed or cancelled. In event of postponement or cancellation of will bear re-notification costs of any city-initiated continuance if b. Applicant-initiated continuance. The applicant may appear before U:\City Attorney Administrative Codes\09-54 Small Scale Comp Plan Notificationdoc Page 7of7 [PA or Bonita Springs City Council from conducting additional workshops process provided that all such workshops or hearings are properly noticed. or public hearings at any time during comprehensive plan amendment 3. Nothing contained herein will be construed to discourage or prohibit recommendation. The hearing must be continued to a date certain, a public hearing when it is necessary to require additional Council, upon staff request, or upon its own initiative, may continue information, public testimony or time to render an appropriate Council may set a date certain for hearing application. The Land Planner. submit a new affidavit of Seven days prior to both hearing, entitled to one continuance before each decision-making body as a additional request for continuance is denied, hearing will copy of letter, surrounding property owners list and property of re-notification, if determined necessary, and will be required to scheduled agenda and request continuance. The applicant is schedule, for any applicant-initiated continuance to cover costs a. City-initiated continuance. The local planning agency or City for continuance is approved, local planning agency or City city or by applicant as follows: and local planning agency or City Council must continue its consideration on hearing matter on that date certain. The city matter cannot be continued to a date certain. local planning agency or City Council at beginning of its proceed in accordance with published agenda. If request matter of right. Each decision-making body has authority to grant additional continuances upon a showing of good cause. If applicant will pay a fee, in accordance with a duly adopted fee applicant must provide an affidavit of mailing to owners, with a owners map, for review by City Attorney, City Clerk and City 2. Continuance. A scheduled, advertised public hearing may be continued by hearing and orally request a continuance to a date certain. advertised, applicant, or his authorized agent, may appear at mailing will be required of applicant. If hearing has already been continuance, unless it is a matter where re public hearing was mailings has occurred, applicant and staff must treat matter as a