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HomeMy WebLinkAbout1983-037RESOLUTION 83 - 37 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR COMPREHENSIVE PLAN AMENDMENT PROCEDURES AND ESTABLISHING A FEE SCHEDULE FOR PLAN AMENDMENT REQUESTS. WHEREAS, the Indian River County Comprehensive Plan has been adopted by the Board of County Commissioners according to the requirements of the Local Government Comprehensive Planning Act; and WHEREAS, it is necessary to establish a mechanism for amending the Comprehensive Plan, and to develop a set of proce- dures for reviewing amendment requests, and to enact a fie schedule for proposed amendments; and WHEREAS, attached Exhibit A provides for a mechanism, a set of procedures, and a fee schedule for amending the Plan which is consistent with the requirements included within the Local Government Comprehensive Planning Act relating to amendment of local plans; and WHEREAS, the Indian River County Planning and Zoning Commission at their regular scheduled meeting of April 14, 1983, U-- iviuialiy approve the Comprehensive Pian Amendment Procedures and the fee schedule included within attached Exhibit A and did recommend the procedures and fee schedule to the Board of County Commissioners for adoption. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The foregoing recitals are acknowledged and ratified. 2. The Board of County Commissioners hereby approves those procedures for amendment of the County's Comprehensive Plan set forth in the attached Exhibit A and establishes fees for such procedures as indicated therein. This . 4th day of May , 1983. I - 4 Board of County Commissioners of Indian River County, Florida By: ���� Richard N. Bird, Chairman t RESOLUTION 83 - 37 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR COMPREHENSIVE PLAN AMENDMENT PROCEDURES AND ESTABLISHING A FEE SCHEDULE FOR PLAN AMENDMENT REQUESTS. WHEREAS, the Indian River County Comprehensive Plan has been adopted by the Board of County Commissioners according to the requirements of the Local Government Comprehensive Planning Act; and WHEREAS, it is necessary to establish a mechanism for amending the Comprehensive Plan, and to develop a set of proce- dures for reviewing amendment requests, and to enact a fie schedule for proposed amendments; and WHEREAS, attached Exhibit A provides for a mechanism, a set of procedures, and a fee schedule for amending the Plan which is consistent with the requirements included within the Local Government Comprehensive Planning Act relating to amendment of local plans; and WHEREAS, the Indian River County Planning and Zoning Commission at their regular scheduled meeting of April 14, 1983, U-- iviuialiy approve the Comprehensive Pian Amendment Procedures and the fee schedule included within attached Exhibit A and did recommend the procedures and fee schedule to the Board of County Commissioners for adoption. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The foregoing recitals are acknowledged and ratified. 2. The Board of County Commissioners hereby approves those procedures for amendment of the County's Comprehensive Plan set forth in the attached Exhibit A and establishes fees for such procedures as indicated therein. This . 4th day of May , 1983. I - 4 Board of County Commissioners of Indian River County, Florida By: ���� Richard N. Bird, Chairman At a ® COMPREHENSIVE PLAN AMENDMENT PROCEDURES INTRODUCTION: 40 The Indian River County comprehensive Plan requires that County initiated plan amendments and individual citizens' plan amendment requests be considered once a year, in January. The following sets of procedures for this process have been prepared by the Planning Department. These procedures outline the steps which are to be taken in the amendment process, including a timetable for completing all of the required plan amendment activities. �i TYPES OF AMENDMENTS: In amending the Comprehensive Plan there are several categories of types of amendments delineated by the Florida Statutes. Each of these types of amendments requires a different amendment procedure. The amendment categories are: 1)- Amendments of any element other than.the•future land use element of,,the Com rehensive Plan. 2) Amendments of the future land use element which comprise less than 5% of the County's total land area. 3) Amendments of the future land use element which comprise more than 5% of the County's total land area. The fact that there are these different types of amendments with different intents makes it necessary for the Planning Department to develop different sets of administrative procedures in order to initiate or process the various amendment requests. The first type of amendment is legally required by the State of Florida to take place at least every five years, after the date of Comprehensive Plan adoption. Florida Statutes 163.3191 "Evaluation and appraisal of Comprehensive Plan" lists those criteria which shall be used to evaluate existing plan elements. According to the Florida Statutes, "The report shall represent an assessment and evaluation of the success or failure of the Comprehensive Plan or element or portion thereof." Included in the analysis should be: 1) The major problems associated with development including physical deterioration, land use changes and economic and social impacts. 2) The condition of each element in the Comprehensive Plan at both the date of plan adoption and the date of plan revision. 3) A comparison of the plan's stated objectives and the plan's results at the date of revision. 4) The extent to which unanticipated or unforeseen problems have affected the planning jurisdiction between the time of plan adoption and plan revision. The second type of plan amendment, a specific amendment, involves changes affecting less than 5% of the County's land area. This amendment process will usually be initiated by individual landowners wishing to change the land use designation of their individual parcels. However, the County may also opt to change the land use designation of various land -1- -2- areas in the County. The procedures for this are listed in the "Land Use Amendment Control Sheet" and "Procedures for Land Use Amendment of Small Parcels". This type of plan amendment will do be processed in January, concurrently with any other plan amendments which are being considered by the Board of County Commissioners. dw t The third type of plan amendment delineated in the Florida Statutes involves changes to the land use element of the Comprehensive Plan affecting more than 5% of the total land area of the County. In cases where more than 5% of the County's total land area is involved, more than one public .. hearing 4. ��Z.:.'..r�...fi heforcc the :^..^,.::d...ments can be a-'OP6d. However, the other statutory requirements are similar to the procedures for amending all other elements of the Comprehensive Plan. -2- 40M AMENDMENT TO ELEMENTS OTHER THAN THE FUTURE LAND USE ELEMENT PROCEDURE: �► For Amendment of any Element of the Comprehensive Plan other than the Future Land Use Element. PURPOSE: The following steps outline the Dronpd"ral requirements 'hic'i are to be followed by the Indian River County Planning Department when the County's Comprehensive Plan is amended. These adminis- trative procedures are to be followed when any element other than the future land use element of the Comprehensive Plan is amended. These procedures represent the minimum requirements outlined in Chapter 163.3187 "Amendment of adopted Comprehensive Plan" in the Florida Statutes. Updates of the Comprehensive Plan are statuto- rily required to occur at least every five years. However, each element may be updated at lesser intervals, either separately or simultaneously with other element updates. STEP 1: STAFF PLANNER: The Staff Planner responsible for formulating plan amendments should contact all other County divisions on November 1st of each calendar year, prior to the Planning Department's public advertisement of its intent to amend the plan, in order to inquire whether they intend to propose any plan amendments. The deadline for accepting other divisions' plan amendment recommendations is January 1st of each year, before the planning staff begins formulating the amendment proposals which it intends to recommend to the Planning and Zoning Commission and Board of County Commissioners. STEP 2: STAFF PLANNER: The Planner responsible for amending the Comprehensive Plan should also contact each staff planner who is responsible for a planning area and request that they prepare plan amendment recommendations for the plan elements which are related to their area of expertise. It should be requested that these recommendations be submitted to the planner responsible for plan amendments at the same time as, or before, the plan amendments from outside divisions are submitted. The Florida Statutes requirements for those questions which must be addressed when the plan is amended should be consulted by each planner before their recommendation is submitted. The request for this information should be made on January 1st of each year, in conformance with the Comprehensive Plan's requirement for annual amendment of the plan. STEP 3: STAFF PLANNER: After reviewing all plan amendment recommendations, the Planner responsible for plan amendments should evaluate the amendment proposals submitted by all County staff members. The criteria which should be used in evaluating each amendment proposal includes the following: 1) Is the proposed amendment in conformance with all the laws of the State of Florida and Indian River County? 2) Is the proposed amendment in conformance with the intent of the County's Comprehensive Plan? 3) Will the proposed amendment require changes in other elements of the plan in order to avoid conflicting statements or goals throughout the plan? -3- a 4) For what reason is the amendment being prepared? Has updated data been made available, or has a change in County policy necessitated a concomitant change in the plan? 5) Were the stated objectives of the plan element met by that element or will amendment of the Plan element facilitate its meeting the objectives more fully? 6) How has development in the County affected the contents of the plan element? Has this development (or lack thereof) necessitated a change in the Comprehensive Plan? STEP 4: STAFF PLANNER: After evaluating the amendment recommendations, the planner should prepare proposals to be presented to the Planning and Zoning Commission. STEP 5: STAFF, PLANNING AND ZONING MANAGER & COMMUNITY DEVELOPMENT DIRECTOR: These proposals should be submitted to the planning staff for review and comment and to the Planning and Zoning Manager and Community Development Director for their review and approval. STEP 6: STAFF PLANNER: After the Planning Department of the xmmunity Development Division has formulated the amendments to the County's Comprehen- sive Plan which it intends to propose, a date for a public hearing at a Planning and Zoning Commission meeting on the amendments should be set. STEP 7: PLANNING TECHNICIAN: Notice of the hearing date, time, place and the purpose of the hearing should be published by the Planning Department at least twice in a local newspaper. The first publication should be not less than 15 days prior to the date of the hearing and the second should be at least five (5) days prior to the hearing. STEP 8: PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission should next hold a public hearing to discuss the proposed amendments. At this meeting the Planning and Zoning Commission should adopt a recommended set of amendments. STEP 9: STAFF PLANNER: After the Planning and Zoning Commission has adopted a proposed set of plan amendments, copies of these amendments should be sent to the State Department of Community Affairs, the Treasure Coast Regional Planning Council and any other governmental agency which has filed a request to receive copies of the amendment for their review. STEP 10: STAFF PLANNER: The Planning Department should wait to receive written review comments from the State, TCRPC and other reviewing agencies. The State and TCRPC should submit review comments to the County within 60 days, unless the County has agreed to a longer review period. -4- STEP 11: STAFF PLANNER: If the State, TCRPC or any other governmental reviewing agency submits any objections to the amendments in their review comments to the County, the County must reply to these comments within four weeks. The County may not adopt the plan amendments until two weeks after it has sent this letter to either the State or TCRPC. These review continents and the County's replies to them, shall become a permanent part of the public record. in adopting plan amendments, the County Commission may adopt amendments which do not necessarily reflect the State or TCRPC's review comments after considering them. STEP 12: STAFF PLANNER: The planner responsible for amending the Comprehensive Plan should analyze the review comments submitted by the State and TCRPC, as well as the recommended plan amendments to see if modifications should be made before the Board of County Commissioners considers the amendments. Once this has been completed, the staff planner should prepare the plan amendments as Board of County Commissioners agenda items and present them to the Board of County Commissioners at their next meeting. STEP 13: BOARD OF COUNTY COMMISSIONERS: After receiving and considering the review comments in the manner outlined above, the Board of County Commissioners shall consider the proposed amendments and may adopt them by a majority vote of the total membership of the Commissiin. -5- LAND USE PLAN AMENDMENTS FOR INDIVIDUAL PARCELS PROCEDURE: For Adoption of Amendments to the Comprehensive Plan which involve less than 58 of the total land area of Indian River County. PURPOSE: The following steps outline the procedural requirements which are to be followed when the land use designation of individual parcels of land, which comprise less than 5% of the County's total land area, are changed. These procedures are as per the requirements listed in Florida Statutes Charter 163.31.87 "Amendments of Adopted Comprehensive Plan." Requests for an amendment to the Land Use Element of the Comprehensive Plan shall be heard by the Board of County Commissioners once a year concurrently with any other Comprehensive Plan amendments that might be taking place as stated in the Land Use Element of the Comprehensive Plan. This amendment process is to begin on January lst of each year. STEP 1: STAFF PLANNER: Should publish a notice stating that the Plannin7 Department is accepting applications for amendments to the Land Use Element of the Comprehensive Plan (see Attachment A). Also, all persons who have contacted the Planning Department about amending the Comprehensive Plan should be sent an application form with a letter outlining the amendment process and timetable. STEP 2: PLANNING SECRETARY: Accepts application, starts a file and logs in application for land use amendment. Cross-referenced cards corresponding to the file should be typed and placed in the card catalog boxes. (See Attachments B & C for forms). STEP 3: STAFF PLANNER: The Staff Planner who is responsible for evaluating land use amendment requests should check the application for adequacy. An application will not be considered complete until the following items have been submitted: a) Letter of authorization (if applicant is other than the owner) . b) Verified statement naming every individual having legal or equitable ownership of the subject property. c) Warranty deed. d) Title insurance or Attorney's opinion of title. e) Sealed survey of property which also shows the surrounding and adjacent land uses within 300' of property. The surrounding land uses do not need to be surveyed, rather their names need only be recorded on the survey. f) Proposed land use. g) Existing zoning of parcel. h) Fee. -6- STEP 4: STAFF PLANNER: The planner should review the application to see if the proposed land use conforms to the existing zoning. If it does not, the planner should forward a rezoning application to the applicant, so that the rezoning and land use amendment requests can be processed concurrently. STEP 5: STAFF PLANNER: If a rezoning is necessary, the planner responsible for review- ina rezonings should be informed by tha planner ..;c_-ki; g -- .y n, plan amendments that the rezoning application is being submitted simultaneously with a land use amendment request. This is to allow the rezoning planner to schedule the review process and required public hearings simultaneously with the land use amendment request. STEP 6: REZONING PLANNER: The planner who is responsible for reviewing rezoning requests should create a file for those rezoning requests which are related to Comprehensive Plan amendment requests. Since the Comprehensive Plan is amended once a year, beginning in January, these rezoning applications should be processed at that same time. STEP 7: STAFF PLANNER: The planner should give the amendm(-it request file to the Planning Technician who prepares a location map and land use map. STEP 8: PLANNING TECHNICIAN: The Planning Technician should prepare one mylar location map for the file. The technician should also prepare one land use map, using aerial photographs as the base map. This should delineate the property for which the land use amendment is being requested, as well as all the adjacent land uses within 300` of the subject property. This information will be ob- tained from the survey and supporting information submitted by the applicant. STEP 9: STAFF PLANNER: After the application is complete the staff planner should .review it for reasonableness . Included in the review process should be a visit to the subject property by the staff planner. On site, the planner should determine whether the proposed land use amendment is compatible with the surrounding land uses and will comply with the intent of the land use element of the Comprehensive Plan. Included in the review process should be the following items: 1) What impact will the land use amendment have on the traffic circulation and street conditions in the County? 2) How will County utilities be affected by the land use change? 3) What impact will the land use change have on the County's environmental quality. This should include but not be limited to, an evaluation of the effects on environmentally sensitive land, groundwater quality, flood control, existing vegatation and agricultural land. -7- 4) Will the proposed land use amendment have an adverse impact on the County's school system? 5) Will the proposed land use amendment address any particular need in the County (i.e. for housing? for agricultural production, etc.). STEP 10: STAFF PLANNER: During the last two weeks of January and the first two weeks of February, each year, initial recommendations should be made on each amendment- romiaat_ and they should be p rc par; d as agenda items for the Planning and Zoning Commission. STEP 11: PLANNING TECHNICIAN:: Public notice of the time, date and place of the Planning and Zoning hearing on the individual amendments should be ad- vertised two times, once at least 15 days prior to the hearing and once at least five, but not more than 10, days before the Planning and Zoning Commissions' public hearing on the amend- ments. STEP 12: STAFF PLANNER: The planner should present each land use amendment application and planning staff's recommendation on the application to the Planning and Zoning Commission. STEP 13: PLANNING & ZONING COMMISSION During the last week of February, the Planning and Zoning Commission should hold a public hearing and adopt recommendations on each of the applications, STEP 14: STAFF PLANNER: The staff planner should include Commission recommendations in the proposed amendment is prepared as of County Commissioners' meeting. STEP 15: STAFF PLANNER: the Planning and 'Zoning staff review comments when a an agenda item for the Board After the Planning and Zoning Commission has adopted recommendations on each amendment request, the Board of County Commissioners' office should be informed that an application for amendment to the land use plan has been made. STEP 16: BOARD OF COUNTY COMMISSIONERS' CLERK: According to the Florida Statutes, the Board of County Commis- sioners' office is responsible for preparing and mailing notification of the land use amendment proposal to each affect- ed property owner. The notice should contain a description of the proposed land use change and the time and place of a public hearing before the Board of County Commissioners on the pro- posal. This notice must be received by each affected property owner at least 30 days before the hearing. At this public hearing the Board will vote on the land use amendment, there- fore, the Planning Department shall coordinate the public hearing date with the Board of County Commissioners' office. Also, notice of the hearing should be published twice in a local newspaper, with the first publication riot less than 14 days prior to the date of the hearing and the second to be at least five (5) days prior to the hearing. STEP 17: STAFF PLANNER: After the Planning and Zoning hearing on the amendment requests, the staff planner should prepare a recommendation for consideration by the Board of County Commissioners on approval or disapproval of the amendment. This recommendation must be reviewed and approved by both the Planning and Zoning Manager and the Community Development Division Director. STEP 18: STAFF PLANNER: The staff planner should next put the land iisF amendment request on the agenda of the Board of County Commissioners' meeting for which notification of the public hearing had been published. STEP 19: STAFF PLANNER: The staff planner who has prepared the recommendation should present it to the Board of County Commissioners at the scheduled meeting. This should occur during the first or second weeks of April. STEP 20: BOARD OF COUNTY COMMISSIONERS: The land use amendment request will be approved/disapproved by a majority vote of the total membership of the Board of County Commissioners. STEP 21: STAFF PLANNER: The staff planner should send a letter to the applicant inform- ing him/her of the action taken by the Board of County Commis- sion on the land use amendment request. I' STEP 22: PLANNING TECHNICIAN: The Planning Technician should change the land use and zoning maps, where applicable. -9- or- [ i FUTURE LAND USE AMENDMENTS FOR LARGE TRACTS PROCEDURE: For Amendment of the Future Land Use Element of the Comprehen- sive Plan which involves 5% or more of the total area of the County. PURPOSE: The following steps outline the procedural requirements which are to be followed by the Indian River County Planning Depart- ment when the County's Com rehensive Plan is amended. These administrative procedures are to be followed when the future land use element of the Comprehensive Plan is amended and more than 5% of the County's total land area is involved. As written, these procedures comply with the requirements of the Florida Statutes Chapter 163.3187. STEP 1: STAFF PLANNER: As the planning department begins its process of formulating plan amendments, notice should be published in a local paper, requesting that all persons wishing to propose amendments which would involve 5% or more of the total land area of the County submit an application to the County's Planning Department (See Attachments B & C for forms.) This should occur every January 1st. The time period during which amendment applications will be taken should be included in the advertisement (See Attachment A for sample Notice). STEP 2: PLANNING SECRETARY: Accepts application, starts a file and logs in application for land use amendments. Cross-referenced cards corresponding to the file should be typed and placed in the card catalog boxes. STEP 3: STAFF PLANNER: The staff planner who is responsible for evaluating land use amendment requests should check the application for adequacy. An application will not be considered complete until the following items have been submitted: a) Letter of authorization (if applicant is other than the owner). b) Verified statement naming every individual having legal or equitable ownership of the subject property. c) Warranty deed. d) Title insurance or Attorney's opinion of title. e) Sealed survey of property which also shows the surrounding and adjacent land uses within 300' of the property. The adjacent properties need not be surveyed. Rather, their boundaries should be shown and uses or homes recorded. f) Proposed land use. g) Existing zoning of parcel. h) Fee STEP 4: STAFF PLANNER: The planner should review the application to see if the proposed land use conforms to the existing zoning. If it does not, the planner should forward a rezoning application to the applicant, so that the rezoning and land use amendment requests can be processed concurrently. -10- �I STEP 5: STAFF PLANNER: If a rezoning is necessary, the planner responsible for reviewing rezonings should be informed by the planner working on plan amendments that the rezoning application is being submitted simultaneously with the land use amendment request. dls STEP 6: REZONING PLANNER: The planner who is responsible for reviewing rezoning requests should create a file for those rezoning requests which are related to Comprehensive Plan amendment requests. IISTEP 7: STAFF PLANNER At the same time that the advertisement requesting plan amendment applications is published, the planner who is responsible for processing amendments to the Comprehensive Plan should contact each County Division Head, notifying them that applications for amendments to the Future Land Use Element of the Comprehensive Plan, which involves 5% or more of the total land area of the County are being accepted. This notification should request that each Division which has a recommended amendment should submit the recommendation to the Planning Department. STEP 8: STAFF PLANNER: The planner should give each amendment request file to the Planning Technician for graphics prepFration. STEP 9: PLANNING TECHNICIAN: The technician should prepare one mylar location map for the file. The technician should also prepare one land use map, using aerial photographs as the base map. This should delineate the property for which the land use amendment is being requested, as well as all the adjacent land uses within 300' of the subject property. This information will be obtained from the survey and supporting information submitted by the applicant. STEP 10: STAFF PLANNER: After all applications have been submitted, the staff planner should review each for reasonableness. Included in the review process should be a site visit to the subject property by the staff planner. On site, the planner should determine whether the proposed land use amendment is compatible with the surrounding land uses and will comply with the intent of the land use element of the Comprehensive Plan. Included in the review process should be the following items. 1) The major problems associated with development including physical deterioration, land use changes and economic and social conditions which have prompted the amendment proposal. 2) The condition of the future land use element of the Comprehensive Plan at the date of plan adoption and plan revision. 3) A comparison of the plan element's originally stated objective and the results at the date of revision. 4) The extent to which unanticipated or unforseen problems have affected the County's land use pattern and future land use needs between the time of plan adoption and plan revision. -11- 5) What impact the land use amendment will have on the County's various land uses, including but not 0 limited to, the County's traffic system, capability to provide utilities, housing needs, educational system, flood control systems, agricultural land and environmentally sensitive land. 0 STEP 11: STAFF PLANNER: After the Planning Department of the Community Development Division has formulated the amendments to the County's Comprehensive Plan which it intends to propose, a date for a public hearing at a Planning and Zoning Commission meeting on the amendments should be set. ® STEP 12: PLANNING TECHNICIAN: Notice of the hearing date, time, place and the purpose of the hearing should be published by the Planning Department at least twice in a local newspaper. The first publication should be not less than 15 days prior to the date of the hearing and the second should be at least five days prior to the hearing. STEP 13: PLANNING & ZONING COMMISSION: The Planning and Zoning Commission should next hold a public hearing to discuss the proposed amendments. At this meeting a recommendation on each of the proposed amendments should be adopted by the Planning and Zoning Commission and forwarded to ,.he Board of County Commissioners. STEP 14: STAFF PLANNER: After the Planning and Zoning Commission has adopted a recom- mendation stating the proposed amendments, copies of these amendments should be sent to the State Department of Veteran and Community Affairs, the Treasure Coast Regional Planning Council and any other governmental agency which has filed a request to receive copies of the amendment for its review. STEP 15: STAFF PLANNER: Wait to receive written review comments from the State, TCRPC and other reviewing agencies. The State and TCRPC should submit review comments to the County within 60 days, unless the County has agreed to a longer review period. STEP 16: STAFF PLANNER et al: If the State, TCRPC or any other governmental reviewing agency submits any objections to the amendments in their review comments, the County must reply to these comments within four weeks. The County may not adopt the plan amendments until two weeks after it has sent this letter to the DCA and TCRPC. These review comments and the County's replies to them shall become a permanent part of the public record. After all review comments are received and considered by the Planning Department, the Board of County Commissioners should hold two (2) public hearings on the proposed amendment. (Note: One of these hearings may be held by the Planning and Zoning Commission.) STEP 17: Notice of the first public hearing should be published approxi- mately 7 days before the hearing is held. (See Attachment "D" for sample advertisement.) -12- STEP 18: A public hearing should be held at which the proposed plan amendments are discussed. At the end of the public hearing, the day, time and place at which the second public hearing will be held, should be announced. STEP 19: Notice of the second hearing should be published approximately nine (9) days after the first hearing and five (5) days before the second. STEP 20: The second public hearing should be held by the Board of County Commissioners. STEP 21: After the second public hearing, the Board of County Commissioners may adopt the proposed amendments by a majority vote of the total membership of the Commission. -13- COMPREHENSIVE PLAN AMENDMENT APPLICATION FEE Amendment of any element of the Comprehensive Plan other than the future land use element NO FEES t Amendment of the future land use element of the Comprehensive Plan involving less than 56 of the County's total land area. 1. Less than 5 acres $150 2. `i-40 acres $250 $300 3. 41-1.00 acres $500 4. More than 100 acres Amendment of the future land use element of the Comprehensive Plan involving more than 5% of the County's total land area $1 000 ti *This type of amendment involves the five year update of the Comprehensive Plan as required by the Local Government Comprehensive Planning Act, Chapter 163.3161, F.S. Since only the County will initiate amendments of this type, no fee will be charged. Attachment A PUBLIC NOTICE of Indian River County Comprehensive Plan Amendment This is*to notify the public that Indian River County is accepting applications for amendment to its Comprehensive Plan. Any person wishing to apply for a change in the land ase designation of his property, as delineated in the land use element of the .current Com�re_ hensive Plan, should contact the Indian River County Planning Department for an application. The Planning Department will review all applications and inform each applicant of the time, place and date of the public hearing at which his request for amendment will be heard. All applications must be received by the Planning Department by -15- Attachment B LAND USE AM D4EM CONTROL SHE= FOk INC)TVIDUAL PARCETS Applicant: ACTIVITY DATE COMPLEM 1) Application and fee accepted and logged in. 2) File created and index card filed 3) File given to staff planner responsible for evaluating Comp bensive Plan amendment rQillCata 4) Application checked for adequacy: r a) Letter of authorization (if applicant is other than the owner). b) Verified statement naming every individual having legal or equitable ownership. c) warranty deed. d) Title insurance or Attorney's opinion of title. e) Sealed survey which also indicates what the surrounding and adjacent land uses are within 300' of subject property. f) proposed land use. g) Existing zoning. h) Fee. II5) Application given to Planning Technician for AN. 'A `graphics preparation. 6) Zoning of parcel checked and aF lication information forwarded to rezoning planner if necessary. 7) Application checked for reasonableness: a) Would change in land use designation be in conformance with intent of Comprehensive Plan? b) Would change in land use designation be compatible with surrounding land uses? 8) Site visit. 9) Advertisement for public hearing before the P&Z published twice, once at least 14 days prior to the hearing and once at least 5, but no more than 10 days before the public hearing. 10) Agenda item prepared for each amendment request. 11) P&Z hearing on the amendment requests at which the P&Z adopts reccninendations on each amendment request. 12) Notification of application for change of land use designation should be forwarded to the Hoard of County Commissioners' office. 13) The Clerk in the Board of County Co mi.ssioners' office notifies each affected property owner, by mail, of the proposed land use change and date of public hearing for amendment request. 14) Staff Planner responsible for evaluating plan amendment reviews application and writes recommendation for approval or disapproval of land use designation change. -16- 15) planner puts public hearing for land use cage proposal on Board of County Comnssioners agenda for the meeting, the date of which was advertised by the DCC office. 16) Planner presents land use amendment proposal to Board of County Commissioners at the public hearing. 17) Proposal accepted or rejected by Board of County Commissioners. 18) Informational letter sent to applicant. 19) Inform~t!On g Vv—rl to P1_an►ming Technician to update land use map and/or text of Comprehensive Plan. 20) rile closed- -17- Attachment C INDIAN RIVER COUNTY Application for Amendment of Land Use Designation DATE RECEIVED: APPLICANT: ADDRESS: nw— - tL]VIVL' OWNER: PHONE: ADDRESS: EXISTING LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: ACRES TO BE REDESIGNATED: EXISTING USE: PROPOSED USE: DATE ACCEPTED: The following item's must be atta hed to the application: 1) 'If t�6 app.licanti is 0ther''than;;�he owher (s) , a sworn° statement of authorization must accompany each copy of this application. 2) A verified statement naming every individual having legal or equitable ownership in the property. 3) A copy of the owner's deed must accompany each copy of this application. 4) A current owner's title policy, a certificate of title from a title company, or an attorney's opinion evidencing fee ownership of the property. 5) If the property is not located within a recorded subdivision, a copy of a survey of the subject property must accompany each copy of the application. This survey must also indicate the location and type of all adjacent land uses within 300' of the subject property. Although, the surrounding uses need not be surveyed. 6) A check, money order or cash in the amount of $ , made payable to the Indian River County Board of County Commis- sioners. -18- ATTACHMENT D SAMPLE NOTICE The published "Uti ce Of ti1e public hearing's date, location and time should be at least one-quarter page in size. The heading should be typeset with letters no smaller in size than 18 point. The paper in which the notice is published should be a local paper of general paid circulation. Also, the advertise- ment shall not be placed in with the legal notices or clas- sified advertisements. SAMPLE NOTICE NOTICE OF REGULATION OF LAND USE The Board of County Commissioners of Indian River County proposes to amend the regulation of the use of ].and within the area shown in the map in this advertisement. A public hearing on the proposal will be held on at (Location map identifying areas affected by plan amendments.) -19- W W J 4 LLJ W F - Z W Z E F 4- N a Q5 = O d O O (z +1 O 0 4J +> C U 0) a)(A a) D. 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L -) a -O.•- O QI 0U -0 r . Y +1 S- Co (3) OO Ql L ac) a >1 U s c'U N NL •4- N (U OLL L +� N a1 u L u (O s. 41 v al•r a) a1+1 r� 41 4- c 4- r C U N 17 .n a)4- 34- 1- 3 al r O o J ro O O Q O L t a n 1 1 LD CO N Cl) M M COMPREHENSIVE PLAN AMENDMENT PROCEDURES INTRODUCTION: The Indian River County Comprehensive Plan requires that County initiated plan amendments and individual citizens' plan amendment requests be considered once a year, in January. The following sets of procedures for,trhis process have been prepared by the Planning Department. These procedures outline the steps which are to be taken in the amendment process, including a timetable for completing all of the required plan amendment activities. TYPES OF AMENDMENTS: In amending the Comprehensive Plan there are several categories of types of amendments delineated by the Florida Statutes. Each of these types of amendments requires a different amendment procedure. The amendment categories are: 1) Amendments of any element other than the -future land use element of„the Comprehensive Plan. 2) Amendments of the future land use element which comprise less than 5% of the County's total land area. 3) Amendments of the future land use element which comprise more than 5% of the County's total land area. The fact that there are these different types of amendments with different intents makes it necP,sary for the Planning DDepartment_ t to develop different s- ,/ administrative r procedures in order to initiate ,cess the various amendment requests. The first type of amendment is legally required by the State of Florida to take place at least every five years, after the date of Comprehensive Plan adoption. Florida Statutes 163.3191 "Evaluation and appraisal of Comprehensive Plan” lists those criteria which shall be used to evaluate existing plan elements. According to the Florida Statutes, "The report shall represent an assessment and evaluation of the success or failure of the Comprehensive Plan or element or portion thereof." Included in the analysis should be: 1) The major problems associated with development including physical deterioration, land use changes and economic and social impacts. 2) The condition of each element in the Comprehensive Plan at both the date of plan adoption and the date of plan revision. 3) A comparison of the plan's stated objectives and the plan's results at the date of revision. 4) The extent to which unanticipated or unforeseen problems have affected the planning jurisdiction between the time of plan adoption and plan revision. The second type of plan amendment, a specific amendment, involves changes affecting less than 5% of the County's land area. This amendment process will usually be initiated by individual landowners wishing to change the land use designation of their individual parcels. However, the County may also opt to change the land use designation of various land -1-- /,5-1 -2- areas in the County. The procedures for this are listed in the "Procedures for Land Use "Land Use Amendment Control Sheet" and Parcels". This type of plan amendment will IIP Amendment of Small be in January, concurrently with any other plan I processed amendments which are being considered by the Board of County Commissioners. The third type of plan amendment delineated in the Florida the I Statutes involves changes to the land use element of than 5% of the total land Comprehensive Plan affecting more where more than 5% of the area of the County. In cases total land area is involved, more than one public County's ' hearing is required before the amendments can be adopted. to the However, the other statutory requirements are similar of the Comprehensive procedures for amending all other elements Ilo Plan. -2- do i so AMENDMENT TO ELEMENTS OTHER THAN THE FUTURE LAND USE ELEMENT PROCEDURE: For Amendment of any Element of the Comprehensive Plan other than the Future Land Use Element. PURPOSE: The following steps outline the procedural requirements which are to be followed by the Indian River County Planning Department when the County's Comprehensive Plan is amended. These adminis- trative procedures are to be followed when any element other than the future land use element of the Comprehensive Plan is amended. These procedures represent the minimum requirements outlined in Chapter 163.3187 "Amendment of adopted Comprehensive Plan" in the Florida Statutes. Updates of the Comprehensive Plan are statuto- rily required to occur at least every five years. However, each element may be updated at lesser intervals, either separately or simultaneously with other element updates. STEP 1: STAFF PLANNER: The Staff Planner responsible for formulating plan amendments should contact all other County divisions on November 1st of each calendar year, prior to the Planning Department's public advertisement of its intent to amend the plan, in order to inquire whether they intend to propose any plan amendments. The deadline for accepting other divisic«s' plan amendment recommendations is January 1st of each year, before the planning staff begins formulating the amendment proposals which it intends to recommend to the Planning and Zoning Commission and Board of County Commissioners. STEP 2: STAFF PLANNER: The Planner responsible for amending the Comprehensive Plan should also contact each staff planner who is responsible for a planning area and request that they prepare plan amendment recommendations for the plan elements which are related to their area of expertise. It should be requested that these recommendations be submitted to the planner responsible for plan amendments at the same time as, or before, the plan amendments from outside divisions are submitted. The Florida Statutes requirements for those questions which must be addressed when the plan is amended should be consulted by each planner before their recommendation is submitted. The request for this information should be made on January 1st of each year, in conformance with the Comprehensive Plan's requirement for annual amendment of the plan. STEP 3: STAFF PLANNER: After reviewing all plan amendment recommendations, the Planner responsible for plan amendments should evaluate the amendment proposals submitted by all County staff members. The criteria which should be used in evaluating each amendment proposal includes the following: 1) Is the proposed amendment in conformance with all the laws of the State of Florida and Indian River County? 2) Is the proposed amendment in conformance with the intent of the County's Comprehensive Plan? 3) will the proposed amendment require changes in other elements of the plan in order to avoid conflicting statements or goals throughout the plan? -3- /s � 4) For what reason is the amendment being prepared? Has updated data been made available, or has a change in County policy necessitated a concomitant change in the plan? 5) Were the stated objectives of the plan element met by that element or will amendment of the Plan element facilitate its meeting the objectives more fully? 6) How has development in the County affected the contents of the plan element? Has this development (or lark thereof) necessitated a change in the Com4rchc iJ vG Plan? STEP 4: STAFF PLANNER: After evaluating the amendment recommendations, the planner should prepare proposals to be presented to the Planning and Zoning Commission. STEP 5: STAFF, PLANNING AND ZONING MANAGER & COMMUNITY DEVELOPMENT DIRECTOR: These proposals should be submitted to the planning staff for review and comment and to the Planning and Zoning Manager and Community Development Director for their review and approval. STEP 6: STAFF PLANNER: After the Planning Department of the Community Development Division has formulated the amendments to the County's Compre_h_en- sive Plan which it intends to propose, a date for a public hearing at a Planning and Zoning Commission meeting on the amendments should be set. STEP 7: PLANNING TECHNICIAN: Notice of the hearing date, time, place and the purpose of the hearing should be published by the Planning Department at least twice in a local newspaper. The first publication should be not less than 15 days prior to the date of the hearing and the second should be at least five (5) days prior to the hearing. STEP 8: PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission should next hold a public hearing to discuss the proposed amendments. At this meeting the Planning and Zoning Commission should adopt a recommended set of amendments. STEP 9: STAFF PLANNER: After the Planning and Zoning Commission has adopted a proposed set of plan amendments, copies of these amendments should be sent to the State Department of Community Affairs, the Treasure Coast Regional Planning Council and any other governmental agency which has filed a request to receive copies of the amendment for their review. STEP 10: STAFF PLANNER: The Planning Department should wait to receive written review comments from the State, TCRPC and other reviewing agencies. The State and TCRPC should submit review comments to the County within 60 days, unless the County has agreed to a longer review period. -4- STEP 11: STAFF PLANNER: If the State, TCRPC or anv other governmental reviewing agency submits any objections to the amendments in their review comments to the County, the County must reply to these comments within four weeks. The County may not adopt the plan amendments until two weeks after it has sent this letter to either the State or TCRPC. These review comments and the County's replies to them, shall become a permanent part of the public record. In adopting plan amendments, the County Commission may adopt amendments which do not necessarily reflect the State or TCRPC's review comments after ccnsircriny them. cru. l i STEP 12: STAFF PLANNER: The planner responsible for amending the Cc.. rehensive Plan should analyze the review comments submitted by the State and TCRPC, as well as the recommended plan amendments to see if modifications should be made before the Board of County Commissioners considers the amendments. Once this has been completed, the staff planner should prepare the plan amendments as Board of. County Commissioners agenda items and present them to the Board of County Commissioners at their next meeting. STEP 13: BOARD OF COUNTY COMMISSIONERS: After ,:eceiving and considering the review comments in the manner outlined above, the Board of County Commissioners shall consider the proposed amendments and may adopt them by a majority vote of the total membership of the Commission. -5- F� LAND USE PLA14 AMENDMENTS FOR INDIVIDUAL PARCELS iMitele 1i1»F For Adoption of Amendments to the Comprehensive Plan which involve less than 58 of the total land area of Indian River County. PURPOSE: The following steps outline the procedural requirements which are to be followed when the land use designation of individual parcels of land, which comprise less than 5% of the County's total land area, are changed. These procedures are as per the requirements listed in Florida Statutes Citdpter 163.3187 "Amendments of Adopted Comprehensive Plan." Requests for an amendment to the Land Use Element of the Comprehensive Plan shall be heard by the Board of County Commissioners once a year concurrently with any other Comprehensive Plan amendments that might be taking place as stated in the Land Use Element of the Comprehensive Plan. This amendment process is to begin on January 1st of each year. STEP 1: STAFF PLANNER: Should publish a notice stating that the Planning Department is accepting applications for amendments to the Land Use Element of the Comprehensive Plan (see Attachment A). Also, all persons who have contacted the Planning Department about amending the Comprehensive Plan should be sent an application form with a letter outlining the amendment process and timetable. STEP 2: PLANNING SECRETARY: Accepts application; starts a file and logs in application for land use amendment. Cross-referenced cards corresponding to the file should be typed and placed in the card catalog boxes. (See Attachments B & C for forms). STEP 3: STAFF PLANNER: The Staff Planner who is responsible for evaluating land use amendment requests should check the application for adequacy. An application will not be considered complete until the following items have been submitted: a) Letter of authorization (if applicant is other than the owner). b) Verified statement naming every individual having legal or equitable ownership of the subject property. c) Warranty deed. d) Title insurance or Attorney's opinion of title. e) Sealed survey of property which also shows the surrounding and adjacent land uses within 300' of property. The surrounding land uses do not need to be surveyed, rather their names need only be recorded on the survey. f) Proposed land use. g) Existing zoning of parcel. h) Fee. -6- STEP 4: STAFF PLANNER: The planner should review the application to see if the proposed land use conforms to the existing zoning. If it does not, the planner should forward a rezoning application to the applicant, so that the rezoning and land use amendment requests can be processed concurrently. STEP 5: STAFF PLANNER: If a rezoning is necessary, the planner responsible for review- ing rczonings should be 31iforYTied by the planner working on plap amendments that the rezoning application is being submitted simultaneously with a land use amendment request. This is to allow the rezoning planner to schedule the review process and required public hearings simultaneously with the land use amendment request. STEP 6: REZONING PLANNER: The planner who is responsible for reviewing rezoning requests should create a file for those rezoning requests which are related to Comprehensive Plan amendment requests. Since the Comprehensive Plan is amended once a year, beginning in January, these rezoning applications should be processed at that same time. STEP 7: STAFF PLANNER: The planner should give the amenOment request file to the Planning Technician who prepares a location map and land use map. STEP 8: PLANNING TECHNICIAN: The Planning Technician should prepare one mylar location map for the file. The technician should also prepare one land use map, using aerial photographs as the base map. This should delineate the property for which the land use amendment is being requested, as well as all the adjacent land uses within 300' of the subject property. This information will be ob- tained from the survey and supporting information submitted by the applicant. STEP 9: STAFF PLANNER: After the application is complete the staff planner should review it for reasonableness . Included in the review process should be a visit to the subject property by the staff planner. On site, the planner should determine whether the proposed land use amendment is compatible with the surrounding land uses and will comply with the intent of the land use element of the Comprehensive Plan. Included in the review process should be the following items: 1) What impact will the land use amendment have on the traffic circulation and street conditions in the County? 2) How will County utilities be affected by the land use change? 3) What impact will the land use change have on the County's environmental quality. This should include but not be limited to, an evaluation of the effects on environmentally sensitive land, groundwater quality, flood control, existing vegatation and agricultural land. --7- J.<'11) 4) Will the proposed land use amendment have an adverse impact on the County's school system? 5) Will the proposed land use amendment address any particular need in the County (i.e. for housing? for agricultural production, etc.). STEP 10: STAFF PLANNER: During the last two weeks of January and the first two seeks of February, each year, initial recommendations should be made on each amendment request and they shn„ld be prepared as aquldu items for the Planning and Zoning Commission. STEP 11• PLANNING TECHNICIAN: Public notice of the time, date and place of the Planning and Zoning hearing on the individual amendments should be ad- vertised two times, once at least 15 days prior to the hearing and once at least five, but not more than 10, days before the Planning and Zoning Commissions' public hearing on the amend- ments. STEP 12: STAFF PLANNER: The planner should present each land use amendment application and planning staff's recommendation on the application to the Planning and Zoning Commission. STEP 13: PLANNING & ZONING COMMISSION During the last week of February, the Planning and Zoning Commission should hold a public hearing and adopt recommendations on each of the applications. STEP 14: STAFF PLANNER: The staff planner should include Commission recommendations in the proposed amendment is prepared as of County Commissioners' meeting. STEP 15: STAFF PLANNER: the Planning and Zoning staff review comments when a an agenda item for the Board After the Planning and Zoning Commission has adopted recommendations on each amendment request, the Board of County Commissioners' office should be informed that an application for amendment to the land use plan has been made. STEP 16: BOARD OF COUNTY COMMISSIONERS' CLERK: According to the Florida Statutes, the Board of County Commis- sioners' office is responsible for preparing and mailing notification of the land use amendment proposal to each affect- ed property owner. The notice should contain a description of the proposed land use change and the time and place of a public hearing before the Board of County Commissioners on the pro- posal. This notice must be received by each affected property owner at least 30 days before the hearing. At this public hearing the Board will vote on the land use amendment, there- fore, the Planning Department shall coordinate the public hearing date with the Board of County Commissioners' office,. Also, notice of the hearing should be published twice in a local newspaper, with the first publication not less than 14 days prior to the date of the hearing and the second to be at least five (5) days prior to the hearing. ME /S9 STEP 17: STAFF PLANNER: After the Planning and Zoning hearing on the amendment requests, the staff planner should prepare a recommendation for consideration by the Board of County Commissioners on approval or disapproval of the amendment. This recommendation must be reviewed and approved by both the Planning and Zoning Manager and the Community Development Division Director. STEP 18: STAFF PLANNER: T The staff planner rhowld ]:t put t is laid use clutundment request on the agenda of the Board'of. County Commissioners' meeting for which notification of the public hearing had been published. STEP 19: STAFF PLANNER: The staff planner who has prepared the recommendation should present it to the Board of County Commissioners at the scheduled meeting. This should occur during the first or second weeks of April. STEP 20: BOARD OF COUNTY COMMISSIONERS: The land use amendment request will be approved/disapproved by a majority vote of the total membership of the Board of County Commissioners. STEP 21: STAFF PLANNER: The staff planner should send a letter to the applicant inform- ing him/her of the action taken by the Board of County Commis- sion on the land use amendment request. STEP 22: PLANNING TECHNICIAN: The Planning Technician should change the land use and zoning maps, where applicable. -9- FUTURE LAND USE AMENDMENTS FOR LARGE TRACTS PROCEDURE: For Amendment of the Future Land Use Element of the Comprehen- sive Plan which involves 58 or more of the total area of the • County. PURPOSE: The following steps outline the procedural requirements which aro t_ he foliow."..d by the Indian — Y „� �,...�an River County Planning Depart -I ment when the County's Comprehensive Plan is amended. These administrative procedures are to be followed when the future B land use element of the Comprehensive Plan is amended and more -17 than 5% of the County's total land area is involved. As written, these procedures comply with the requirements of the Florida Statutes Chapter 163.3187. STEP 1: STAFF PLANNER: As the planning department begins its process of formulating plan amendments, notice should be published in a local paper, requesting that all persons wishing to propose amendments which would involve 5% or more of the total land area of the County submit an application to the County's Planning Department (See Attachments B & C for forms.) This should occur every January 1st. The time period during which amendment applications will be taken should be included in the advertisement (See Attachment A for sample Notice). STEP 2: PLANNING SECRETARY: Accepts application, starts a file and logs in application for land use amendments. Cross-referenced cards corresponding to the file should be typed and placed in the card catalog boxes. STEP 3: STAFF PLANNER: The staff planner who is responsible for evaluating land use amendment requests should check the application for adequacy. An application will not be considered complete until the following items have been submitted: a) Letter of authorization (if applicant is other than the owner). b) Verified statement naming every individual having legal or equitable ownership of the subject property. c) Warranty deed. d) Title insurance or Attorney's opinion of title. e) Sealed survey of property which also shows the surrounding and adjacent land uses within 300' of the property. The adjacent properties need not be surveyed. Rather, their boundaries should be shown and uses or homes recorded. f) Proposed land use. g) Existing zoning of parcel. h) Fee STEP 4: STAFF PLANNER: The planner should review the application to see if the proposed land use conforms to the existing zoning. If it does not, the planner should forward a rezoning application to the applicant, so that the rezoning and land use amendment requests can be processed concurrently. -10- Af C STEP 5: STAFF PLANNER: If a rezoning is necessary, the planner responsible for reviewing rezonings should be informed by the planner working on plan amendments that the rezoning application is being submitted simultaneously with the land use amendment request. 40 STEP 6: REZONING PLANNER: The planner who is responsible fon reviewing rezoning requests should create a file for those rezoning requests which are ® related to Comprehensive Plan amendment requests. STEP 7: STAFF PLANNER At the same time that the advertisement requesting plan amendment applications is published, the planner who is responsible for processing amendments to the Comprehensive Plan should contact each County Division Head, notifying them that applications for amendments to the Future Land Use Element of the Comprehensive Plan, which involves 5% or more of the total land area of the County are being accepted. This notification should request that each Division which has a recommended amendment should submit the recommendation to the Planning Department. STEP 8: STAFF PLANNER: The planner should give each amendment request file to the Planning Technician for graphics preparation. STEP 9: PLANNING TECHNICIAN: The technician should prepare one mylar location map for the file. The technician should also prepare one land use map, using aerial photographs as the base map. This should delineate the property for which the land use amendment is being requested, as well as all the adjacent land uses within 300' of the subject property. This information will be obtained from the survey and supporting information submitted by the applicant. STEP 10: STAFF PLANNER: After all applications have been submitted, the staff planner should review each for reasonableness. Included in the review process should be a site visit to the subject property by the staff planner. On site, the planner should determine whether the proposed land use amendment is compatible with the surrounding land uses and will comply with the intent of the land use element of the Comprehensive Plan_. Included in the review process should be the following items. 1) The major problems associated with development including physical deterioration, land use changes and economic and social conditions which have prompted the amendment proposal. 2) The condition of the future land use element of the Comprehensive Plan_ at the date of plan adoption and plan revision. 3) A comparison of the plan element's originally stated objective and the results at the date of revision. 4) The extent to which unanticipated or unforseen problems have affected the County's land use pattern and future land use needs between the time of plan adoption and plan revision. -11- /.O 5) What impact the land use amendment will have on the County's various land uses, including but not ® limited to, the County's traffic system, capability to provide utilities, housing needs, educational system, flood control systems, agricultural land and environmentally sensitive land. STEP 11: STAFF PLANNER: After the Planning Department of bhe Community Development Division has formulated the amendments to the County's Comprehensive Plan which it intends to propose, a date for a public hearing at a Planning and Zoning Commission meeting on the amendments should be set. • STEP 12: PLANNING TECHNICIAN: Notice of the hearing date, time, place and the purpose of the hearing should be published by the Planning Department at least twice in a local newspaper. The first publication should be not less than 15 days prior to the date of the hearing and the second should be at least five days prior to the hearing. STEP 13: PLANNING & ZONING COMMISSION: The Planning and Zoning Commission should next hold a public hearing to discuss the proposed amendments. At this meeting a recommendation on each of the proposed amendments should be adopted by the Planning and Zoning Commission and forwarded to the Board of County Commissioners. STEP 14: STAFF PLANNER: After the Planning and Zoning Commission has adopted a recom- mendation stating the proposed amendments, copies of these amendments should be sent to the State Department of Veteran and Community Affairs, the Treasure Coast Regional Planning Council and any other governmental agency which has filed a request to receive copies of the amendment for its review. STEP 15: STAFF PLANNER: Wait to receive written review comments from the State, TCRPC and other reviewing agencies. The State and TCRPC should submit review comments to the County within 60 days, unless the County has agreed to a longer review period. s STEP 16: STAFF PLANNER et al: If the State, TCRPC or any other governmental reviewing agency submits any objections to the amendments in their review comments, the County must reply to these comments within four weeks. The County may not adopt the plan amendments until two weeks after it has sent this letter to the DCA and TCRPC. These review comments and the County's replies to them shall become a permanent part of the public record. After all review comments are received and considered by the Planning Department, the Board of County Commissioners should hold two (2) public hearings on the proposed amendment. (Note: One of these hearings may be held by the Planning and Zoning Commission.) STEP 17: Notice of the first public hearing should be published approxi- mately 7 days before the hearing is held. (See Attachment "D" for sample advertisement.) -12- /.O STEP 18: A public hearing should be held at which the proposed plan amendments are discussed. At the end of the public hearing, the day, time and place at which the second public hearing will be held, should be announced. STEP 19: Notice of the second hearing should be published approximately nine (9) days after the first hearing and five (5) days before the second. , STEP 20: The second public hearing should be held by the Board of County Commissioners. STEP 21: After the second public hearing, the Board of County Commissioners may adopt the proposed amendments by a majority vote of the total membership of the Commission. -13- �- 0 :® T COMPREHENSIVE PLAN AMENDMENT APPLICATION FEE Amendment of any element of the Comprehensive Plan other than the future land use element NO FEE Amendment of the future land use element of the Comprehensive Plan involving less than 5% of the County's total land area. 1. Less than 5 acres $150 2. 5-40 acres $250 3. 41.-1.00 acres $300 4. More than 100 acres $500 Amendment of the future land use element of the Comprehensive Plan involving more than 5% of the County's total land area $1,000 *This type of amendment involves the five year update of the Comprehensive Plan as required by the Local Government Comprehensive Planning Act, Chapter 163.3161, F.S. Since only the County will initiate amendments of this typei no fee will be charged. Attachment A PUBLIC NOTICE of Indian River County Comprehensive Plan Amendment This is'to notify the public that Indian River County is accepting applications for amendment to its Comprehensive Plan. Any person wishing to apply for a change in the land use designation of his property, as delineated in the land use element of the .current Compre- hensive Plan, should contact the Indian River County Planning Department for an application. The Planning Department will review all applications and inform each applicant of the time, place and date of the public hearing at which his request for amendment will be heard. All applications must be received by the Planning Department by ` Attachment B LAM USE AbENCMENT CONTROL SIMT FOR MDIViDUAL PARMS Applicant: ACTIVITY DATE C(AMPLETED 1) Application and fee accepted and logged in. 2) File created and index card filed T 3) File given to staff planner responsible for evaluating Ccnprehensive Plan amendment reque-sts. 4) Application chc--kms for adc_xT,arry: a) Letter of authorization (if applicant is other than the owner). b) Verified statement naming every individual having legal or equitable ownership. c) Warranty deed. d) Title insurance or Attorney's opinion of title. e) Sealed survey which also indicates what the surrounding and adjacent land uses are within 300' of subject property. f) Proposed land use. g) Existing zoning. h) Fee. 5) Application given to Planning Technician for `graphics preparation. 6) Zoning of parcel checked and application information forwarded to rezoning planner if necessary. 7) Application checked for reasonableness: a) TAbuld change in land use designation be in conformance with intent of Comprehensive Plan? b) Would change in land use designation be catpatible with surrounding land uses? 8) site visit. 9) Advertisement for public hearing before the P&Z published twice, once at least 14 days prior to the hearing and once at least 5, but no more than 10 days before the public hearing. 10) Agenda item prepared for each amendment request. 11) P&Z hearing on the amendment requests at which the P&Z adopts recatmendations on each amendment request. 12) Notification of application for change of land use designation should be forwarded to the Board of County Camtissioners' office. 13) The Clerk in the Board of County Cc mti.ssioners' office notifies each affected property owner, by mai]., of the proposed land use change and date of public hearing for amendment request. 14) Staff Planner responsible for evaluating plan amendment reviews application and writes recatmendation for approval or disapproval of land use designation change. -16-• 15) Planner puts public hearing for land use change proposal on Board of County Co m issioners i agenda for the meeting, the date of which was advertised by the BCC office. 16) Planner presents land use amendment proposal to Board of County Cannissioners at the public hearing. 17) Proposal accepted or rejected by Board of County Caimissioners. A) informational letter 'sent to :applicant. 19) Information given to Planning Technician to update land use map and/or text of CoMrehensive Plan. 20) File closed. -17- r Attachment C INDIAN RIVER COUNTY Application for Amendment of nand Use Designation DATE RECEIVED: DATE ACCEPTED: APPLICANT: -- ADDRESS: PHONE: OWNER: PHONE: ADDRESS: EXISTING LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: ACRES TO BE REDESIGNATED: ?]XISTING USE: PROPOSED USE: The following item's �-lust be Ekttc<ched to the application: 1) If the applicant,is o6iek"than;'khe owher (s), a sworn' statement of authorization must accompany each copy of this application. 2) A verified statement naming every individual having legal. or equitable ownership in the property. 3) A copy of the owner's deed must accompany each copy of this application. 4) A current owner's title policy, a certificate of title from a title company, or an attorney's opinion evidencing fee ownership of the property. 5) If the property is not located within a recorded subdivision, a copy of a survey of the subject property must accompany each copy of the application. This survey must also indicate the location and type of all adjacent land uses within 300' of the subject property. Although, the surrounding uses need not be surveyed. 5) A check, money order or cash in the amount of $ , made payable to the Indian River County Board of County Commis- sioners. ATTACHMENT D SAMPLE NOTICE I i The published notice of the public hearing's date, location and time should be at least one-quarter page in size. The heading should be typeset with letters no smaller in size than 18 point. The paper in which the notice is published should be a local paper of general paid circulation. Also, the advertise- ment shall not be placed in with the legal notices or clas- sified advertisements. SAMPLE NOTICE NOTICE OF REGULATION OF LAND USE The Bgard of County Commissioners of Indian River County proposes to amend the regulation of the use of land within the area shown in the map in this advertisement. A public hearing on the proposal will be held on at (Location map identifying areas affected by plan amendments.) W F- m m w E U N 2 W J CO Q LLJ W F- F - z w D Z LLI 4 O 1 �+ ro •Lac.-ro c(0 m > c VI C V1 L E U C O N CL ZU 0.-0 O. I m U +1 0. (a tD 4A N_ CL d0 O M +1 O = O +1 +1 r U a a N a0. U U • +1 Ll O o c O E E v z•rz v coa L N C a +1 CO M. a Q n a C ca E¢(_) r .0 N i ro 1 0 I c1^ t0 \ m \ M M M M FI 01 i- •r• O c 4- C ro N C � r a 1 Q 1 dv E Lnro D a ro • o � n1 3 � L a 4- Z7 4j a) - +1 ro a) a L (n n -o cO 41 •r an . -0'n 0 +1 +1 O -0 1 C a) L 7 U c Ln ct 04- O a.C] a Cr•r 4- O' >•r- +-1 O \ +1 ro a) 'O L O NM +! 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W U L U (O L +-1 a (1)•r a) a+1rr +1 4- C 4- r C U Ln -0 . I 1 Ln CO N \ \ \ Cl) M Cl) N N otf o2) CP 0) O O 4- C 4• C 4,C O •r O •r LF- a) L L m0 E aro •aro c ro U a b U a'O•r+1 r .c a •r .0 a) L a •O 41 .0 4� L r0 N a) O ^ ^ O U en vl a C C•r •r _C +-1 O OL 2'- 41 .D Ll 'O .O _D N O O (n 0 7 C 0 0 oa b i r O_ IZ N a cL a. r0 o. I 1 �Y M CO N co \ \ \ N N N I C-1 N 17�) STAFF ANALYSIS COMPREHENSIVE PLAN AMENDMENT FEE As proposed, the comprehensive plan amendment procedures closely correspond to the County's existing rezoning process. Although there are a few procedural differences between the two processes, ® both involve the same basic activity; that is, assessing existing and projected conditions to determine the reasonableness of changing the designated use of a parcel of land. In fact, an amendment to the Future Land Use Element of the Comprehensive Plan oftentimes necessitates a rezoning of the land area involved. , I Since both the plan amendment and rezoning processes are comparable, the current charges for rezoning requests were used as a basis for developing the comprehensive plan amendment fee structure. Besides the rezoning charges, several other criteria were also considered in developing the plan amendment fee schedule. As with rezonings, the cost of reviewing a plan amendment proposal varies with the complexity of the request, the size of the land area involved, and type of use proposed for the property. Because the complexity of a proposed amendment is influenced by a number of characteristics and because the proposed use does not always provide an adequate indication of the cost to review the request, neither was used as a basis for establishing fees. Instead, the size of the parcel was chosen as the factor upon which land use amendment application fees would be based. For a typical amendment request, the staff time and cost required for review increase as the size of the parcel involved in the request increases. This relationship, however, is not constant. Rather than varying with any increase in land area, staff time and cost requirements for review more closely correspond to general categories of land size. In fact, if all other characteristics are equal, most proposed amendments involving small parcels will require similar amounts of staff time for review and produce similar costs. Time and cost requirements are also relatively constant for amendment requests involving moderate sized land areas, for amendment requests involving medium sized land areas, and for amendment requests involving large sized land areas. Generally, comprehensive plan amendment requests involving smi-.11 areas, usually five acres or less, will not require as extensive an analysis as larger areas. Small land areas will often have less diversity in terms of site characteristics, fewer and less extensive environmental problems, and fewer adjacent land areas whose present or proposed use affects the amendment request. As the size of the parcel increases, more characteristics are considered in greater detail during the review process. In plan amendment requests involving medium and large sized land areas, extensive analysis of utilities, access, and environmental factors substantially increases the staff time and cost associated with the review process. Increases in review costs, however, seem to peak with large-sized land areas; for tracts exceeding 100 acres, it is assumed that review costs remain relatively constant. Based upon the above analysis, four categories of specific comprehensive plan amendment requests were delineated. These consist of small parcels, moderate sized land areas, medium sized land areas, and large land areas. For each category, a separate fee has been set. These fees then generally reflect the differences in staff time and costs associated with review of comprehensive plan amendment requests in each category. Unlike the County's current fee structure for rezoning requests, however, the proposed comprehensive plan amendment fee schedule incorporates a cap or maximum fee, providing for a fixed charge for all amendment requests involving large land areas rather than requiring higher fees for increases in land area beyond 100 acres. Besides specific amendments which involve changes to the future land use element of less than 5% of the land area in the County, the other type of plan amendment for which fees have been proposed is a comprehensive amendment which involves a change to the future land use element involving more than 5% of d e land area in the County. Since the process for addressi-.. i comprehensive pian amendment is more detailed a c }. .e�,ew time more extensive, a separate fee has been set for _ type of amendment. COMPREHENSIVE*PLAN AMENDMENT s APPLICATION FEE Amendment of any element of the Comprehensive Plan other than the future land use element NO FEE* Amendment of the future land use element of the Comprehensive Plan involving less than 5% of the County's total land area. 1. Less than 5 acres $150 2. 5-40 acres $250 3. 41-100 acres $300 4. More than 100 acres $500 Amendment of the future land use element of the Comprehensive Plan involving more than 5% of the County's total land area $1,000 *This type of amendment involves the five year update of the Comprehensive Plan as required by the Local Government Comprehensive Planning Act, Chapter 163.3161, F.S. Since only the County will initiate amendments of this type, no fee will be charged. . Ij RESOLUTION 83 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR COMPREHENSIVE PLAN AMENDMENT PROCEDURES AND ESTABLISHING A FEE SCHEDULE FOR PLAN AMr.NnMr_.niT REQUESTS. WHEREAS, the Indian River County Comprehensive Plan has been adopted by the Board of County Commissioners according to the requirements of the Local Government Comprehensive Planning Act; and WHEREAS, it is necessary to establish a mechanism for amending the Comprehensive Plan, and to develop a set of proce- dures for reviewing amendment requests, and to enact a fee schedule for proposed amendments; and WHEREAS, attached Exhibit A provides for a mechanism, a set of procedures, and a fee schedule for amending the Plan which is consistent with the requirements included within the Local Government Comprehensive Planning Act relating to amendment of local plans; and WHEREAS, the Indian River County Planning and Zoning Commission at their regular scheduled meeting of April 14, 1983, did formally approve the Comprehensive Plan Amendment Procedures and the fee schedule included within attached Exhibit A and did recommend the procedures and fee schedule to the Board of County Commissioners for adoption. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The foregoing recitals are acknowledged and ratified. 2. The Board of County Commissioners hereby approves those procedures for amendment of the County's Comprehensive Plan set forth in the attached Exhibit A and establishes fees for such procedures as indicated therein. This day of — 1983. Board of County Commissioners of Indian River County, Florida By: Richard N. Bird, Chairman ATTEST: Freda Wright, Clerk