§ 16.70.040.1.1. Amendments to the Comprehensive Plan and Land Development Regulations.

A.

Applicability. Amendments to the future land use map, official zoning map, and the text of the Comprehensive Plan or Land Development Regulations shall follow the procedures as provided in State law, where applicable, and in these Land Development Regulations.

B.

Initiation. The City Council, by resolution, and the POD, by memorandum, may initiate amendments to the future land use map, official zoning map, and the text of the Comprehensive Plan or Land Development Regulations without application from any other person. A denial or recommendation of denial by any Commission of a City Council initiated amendment is not a final decision and such amendment will be transmitted to City Council for further consideration. City Council may deny the amendment on first reading.

C.

Notice. The City shall comply with the notification requirements set forth in state statutes. The City may require that supplemental notice be provided. Failure to give such supplemental notice shall not invalidate any action of the POD, a Commission or the City Council.

D.

Procedure.

1.

Amendments to the future land use map and official zoning map for parcels regardless of size.

a.

Staff review and recommendation. After the POD has reviewed the application, the POD shall send a report to the commission designated in the Decisions and Appeals Table, with a copy to the applicant, if any, recommending whether the application should be approved, approved with conditions or denied and the grounds for such recommendation.

b.

Commission review and recommendation. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the application.

(1)

Approval. If the Commission determines that the application complies with the applicable requirements of law, the Commission shall issue a recommendation to the City Council setting forth the Commission's findings in regard to whether the proposed amendment meets the requirements and may include any proposed modifications or conditions to the proposed amendment. The Commission's findings need not include specific findings of fact.

(2)

Denial. If the Commission determines that the application does not comply with the applicable requirements of law, the Commission shall deny the application. A denial of an application is final except in the case of an application initiated by the City Council, unless an appeal is taken to the City Council.

c.

City Council review and decision. Upon receipt of a recommendation of approval or upon a timely appeal from a denial by the Commission, the City Council shall conduct any required readings and public hearings on the application and shall approve, approve with conditions or deny the requested amendment. The City Council shall act by ordinance, but if external agency review is required, the adoption of the ordinance may be deferred or contingent upon completion of the external agency review.

d.

External agency review and decision. If required by law, the proposed ordinance shall be transmitted to the appropriate county, regional and state agencies. Upon receipt of objections, recommendations or comments from a reviewing agency, the City Council shall conduct any required readings and public hearings and shall approve, approve with conditions or deny the requested amendment. The adopted ordinance shall be transmitted to the appropriate county, regional and state agencies, as required by law.

2.

Amendments to the text of the Comprehensive Plan.

a.

Staff review and recommendation. After the POD has reviewed the proposed amendment, the POD shall send a report to the commission designated in the Decisions and Appeals Table, with a copy to the applicant, if any, recommending whether the proposed amendment should be approved, approved with conditions or denied and the grounds for such recommendation.

b.

Commission review and recommendation. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the proposed amendment.

(1)

Approval. If the Commission determines that the proposed amendment complies with the applicable requirements of law and is consistent with other provisions of the Comprehensive Plan, the Commission shall issue a recommendation to the City Council setting forth the Commission's findings in regard to whether the proposed amendment meets such requirements and may include any proposed modifications or conditions to the proposed amendment. The Commission's findings need not include specific findings of fact.

(2)

Denial. If the Commission determines that the proposed amendment does not comply with the applicable requirements of law or is inconsistent with other provisions of the Comprehensive Plan, the Commission shall recommend denial of the proposed amendment or approval subject to amendments or conditions necessary to resolve such inconsistencies.

(3)

Review of amendment. Review of a proposed amendment to the Comprehensive Plan is a legislative function. The Commission may make a recommendation of approval or denial based on planning principals or what it deems to be in the best interests of the City. Transmittal of a denial to the City Council does not require an appeal.

c.

City Council review and decision for request of amendment. Upon receipt of the recommendation from the Commission, the City Council shall conduct any required readings and public hearings on the proposed amendment and shall approve, approve with amendments or conditions or deny the requested amendment.

d.

External agency review and decision. The proposed ordinance shall be transmitted to the appropriate county, regional and state agencies, as required by law.

e.

City Council review and decision by ordinance. Upon receipt of the department of community affairs (DCA), objections, recommendations and comments (ORC) report, if required, and recommendations from other external agencies, the City Council may conduct any required readings and public hearings on the application and shall approve, approve with modifications or deny the requested amendment. The City Council shall act by ordinance.

f.

External agency review and decision. The adopted ordinance shall be transmitted to the appropriate county, regional and state agencies, as required by law.

3.

Requests to amend the text of the Land Development Regulations and amend unaddressed uses and requests to add uses to a district.

a.

Staff review and recommendation. After the POD has reviewed the request, the POD shall send a report and recommendation to the commission designated in the Decisions and Appeals Table, with a copy to the applicant, if any, recommending whether the request should be approved, approved with conditions or denied and the grounds for such recommendation.

b.

Commission review and recommendation. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the request.

(1)

Approval. If the Commission determines that the request complies with the applicable requirements of the Comprehensive Plan, the Commission shall issue a recommendation to the City Council setting forth the Commission's findings and may include any proposed modifications or conditions to the request. The Commission's findings need not include specific findings of fact.

(2)

Denial. If the Commission determines that the request does not comply with the applicable requirements of the Comprehensive Plan, the Commission shall deny the request. A denial of a request is final, except in the case of a request initiated by the City Council, which shall be transmitted to the City Council for further consideration.

(3)

Review of a request to amend the LDRs is a legislative function. The Commission may make a recommendation of approval or denial based on planning principals or what it deems to be in the best interests of the City.

c.

External agency review and decision. The proposed ordinance shall be transmitted to the appropriate county agencies, as required by law.

d.

City Council review and decision. Upon receipt of the recommendation from the Commission and external agencies, if any, the City Council may conduct any required readings and public hearings on the request and shall approve, approve with modifications or deny the request. The City Council shall act by ordinance.

E.

Standards for review. In addition to the standards of review for a zoning and planning decision generally, a decision shall be guided by the following factors:

1.

Compliance of the proposed use with the goals, objectives, polices and guidelines of the Comprehensive Plan;

2.

Whether the proposed amendment would adversely affect environmentally sensitive lands or properties which are documented as habitat for the listed species as defined by the conservation element of the Comprehensive Plan;

3.

Whether the proposed changes would alter the population density pattern and thereby adversely affect residential dwelling units or public schools;

4.

Impact of the proposed amendment upon the adopted level of service (LOS) for public services and facilities including, but not limited to: water, sewer, sanitation, recreation and stormwater management and impact on LOS standards for traffic and mass transit. The POD may require the applicant to prepare and present with the application whatever studies are necessary to determine what effects the amendment will have on the LOS;

5.

Appropriate and adequate land area sufficient for the use and reasonably anticipated operations and expansions;

6.

The amount and availability of vacant land or land suitable for redevelopment for similar uses in the City or on contiguous properties;

7.

Whether the proposed change is consistent with the established land use pattern of the areas in reasonable proximity;

8.

Whether the exiting district boundaries are logically drawn in relation to existing conditions on the property proposed for change;

9.

If the proposed amendment involves a change from residential to a nonresidential use or a mixed use, whether more nonresidential land is needed in the proposed location to provide services or employment to residents of the City;

10.

Whether the subject property is within the 100-year floodplain, hurricane evacuation level zone A or coastal high hazard areas as identified in the coastal management element of the Comprehensive Plan;

11.

Other pertinent facts.

F.

Conditions. The City Council may provide in an ordinance that such ordinance shall not become effective until certain conditions are met within such times as the City Council shall provide. Within the time provided by the City Council, the owner of the land shall certify to the POD and the City Council that the conditions have been met. The POD shall consider the certification and shall send a recommendation to the City Council. If the City Council finds that the conditions have been met and approves the statement of certification, the ordinance shall become effective as provided by the City Council, if the City Council finds that the conditions have not been met, the ordinance shall not become effective.

Two extensions of time to comply with conditions each not to exceed one year, may be granted by City Council upon good cause shown. Such applications for extensions shall be made in writing and shall be accompanied by an application fee if required by City Council.

(Code 1992, § 16.70.040.1.1; Ord. No. 892-G, § 5, 9-4-2008; Ord. No. 985-G, §§ 111—113, 7-15-2010; Ord. No. 100-H, §§ 8, 9, 12-19-2013; Ord. No. 214-H, § 2, 3-3-2016)