§ 23.2-36. Rezoning of land and future land use map (FLUM) amendments.

A request for rezoning and future land use map (FLUM) amendment that changes the actual zoning map designation of a parcel or parcels of land shall be considered pursuant to the following procedure:

(1)

Application .

a.

Petitioner must complete an application for rezoning and future land use map (FLUM) using a form provided by the department for community sustainability.

b.

The completed application shall be submitted to the development review official together with the application fee established by resolution of the city commission. The application fee is intended to cover any administrative costs associated with review and processing of the application as set forth in fee schedule adopted by resolution of the city commission.

c.

If the application is determined to be complete and technically sufficient by the development review official, the department for community sustainability shall schedule the rezoning request for hearing before the planning and zoning board or historic resources preservation board or both.

d.

At the hearing on the application, the planning and zoning board or historic resources preservation board shall consider the rezoning/FLUM amendment application and request, the staff report including recommendations of staff, and shall receive testimony and information from the petitioner, the owner, city staff, and public comment. At the conclusion of the hearing, the planning and zoning board and/or historic resources preservation board shall make a recommendation on the rezoning/FLUM amendment request to the city commission. The city shall provide notice of the planning and zoning board or historic resources preservation board meeting or both.

e.

The city commission shall conduct a public hearing. The city commission shall consider the petitioner's requests, the recommendations of the planning and zoning board or historic resources preservation board, the staff report and the recommendations of city staff, as well as public comment and other documentary evidence and testimony deemed relevant by the city commission.

(2)

Public notice . Notice of the proposed ordinance must be published in a newspaper of general circulation in the city at least ten (10) days prior to adoption of the ordinance. Public notice shall be provided as required by these LDRs for zoning or future land use map application and as provided for in F.S. Chapters 163 and 166.

(3)

Review criteria . An amendment to the official zoning map processed without the FLUM amendment shall be reviewed based on the following factors:

a.

Consistency . Whether the proposed rezoning amendment would be consistent with the purpose and intent of the applicable comprehensive plan policies, redevelopment plans, and land development regulations. Approvals of a request to rezone to a planned zoning district may include limitations or requirements imposed on the master plan in order to maintain such consistency.

b.

Land use pattern . Whether the proposed rezoning amendment would be contrary to the established land use pattern, or would create an isolated zoning district unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude rezoning that would result in more desirable and sustainable growth for the community.

c.

Sustainability . Whether the proposed rezoning would support the integration of a mix of land uses consistent with smart growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties.

d.

Availability of public services/infrastructure . Requests for rezoning to planned zoning districts shall be subject to review pursuant to section 23.5-2.

e.

Compatibility . The application shall consider the following compatibility factors:

1.

Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties.

2.

Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole.

f.

Direct community sustainability and economic development benefits . For rezoning involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would:

1.

Further implementation of the city's economic development (CED) program;

2.

Contribute to the enhancement and diversification of the city's tax base;

3.

Respond to the current market demand or community needs or provide services or retail choices not locally available;

4.

Create new employment opportunities for the residents, with pay at or above the county average hourly wage;

5.

Represent innovative methods/technologies, especially those promoting sustainability;

6.

Support more efficient and sustainable use of land resources in furtherance of overall community health, safety and general welfare;

7.

Be complementary to existing uses, thus fostering synergy effects; and

8.

Alleviate blight/economic obsolescence of the subject area.

g.

Economic development impact determination for conventional zoning districts . For rezoning involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further the economic development program, and also determine whether the proposal would:

1.

Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and

2.

Represent a potential decrease in the number of uses with high probable economic development benefits.

h.

Master plan and site plan compliance with land development regulations . When master plan and site plan review are required pursuant to section 2.D.1.e. above, both shall comply with the requirements of the respective zoning district regulations of article III and the site development standards of section 23.2-32.

(4)

Review criteria . An amendment to the official zoning map processed with the FLUM amendment shall be reviewed based on the following factors:

a.

Consistency . Whether the proposed FLUM amendment would be consistent with the purpose and intent of the applicable comprehensive plan policies, redevelopment plans, and land development regulations. Approvals of a request to rezone to a planned zoning district may include limitations or requirements imposed on the master plan in order to maintain such consistency.

b.

Land use pattern . Whether the proposed FLUM amendment would be contrary to the established land use pattern, or would create an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM amendments that would result in more desirable and sustainable growth for the community.

c.

Sustainability . Whether the proposed FLUM amendment would support the integration of a mix of land uses consistent with smart growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties.

d.

Availability of public services/infrastructure . Requests for rezoning to planned zoning districts shall be subject to review pursuant to section 23.5-2.

e.

Compatibility . The application shall consider the following compatibility factors:

1.

Whether the proposed FLUM amendment would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties.

f.

Direct community sustainability and economic development benefits . For FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would:

1.

Further implementation of the city's economic development (CED) program;

2.

Contribute to the enhancement and diversification of the city's tax base;

3.

Respond to the current market demand or community needs or provide services or retail choices not locally available;

4.

Create new employment opportunities for the residents, with pay at or above the county average hourly wage;

5.

Represent innovative methods/technologies, especially those promoting sustainability;

6.

Support more efficient and sustainable use of land resources in furtherance of overall community health, safety and general welfare;

7.

Be complementary to existing uses, thus fostering synergy effects; and

8.

Alleviate blight/economic obsolescence of the subject area.

g.

Economic development impact determination for conventional zoning districts . For FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further the city's economic development program, and also determine whether the proposal would:

1.

Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category; and

2.

Represent a potential decrease in the number of uses with high probable economic development benefits.

h.

Commercial and industrial land supply . The review shall consider whether the proposed FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions:

1.

The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or

2.

The proposed FLUM amendment provides substantiated evidence of satisfying at least four (4) of the direct economic development benefits listed in subparagraph "f" above; and

3.

The proposed FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation.

i.

Alternative sites . Whether there are sites available elsewhere in the city in zoning districts which already allow the desired use.

j.

Master plan and site plan compliance with land development regulations . When master plan and site plan review are required pursuant to section 2.D.1.e. above, both shall comply with the requirements of the respective zoning district regulations of article III and the site development standards of section 23.2-32.

(5)

Denial . Should the request be denied by the city commission, no application for substantially the same zoning may be submitted, within one (1) year from the date of denial.

(Ord. No. 2015-12, § 2(Exh. A), 10-6-15)