Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023) |
Code of Ordinances |
Chapter 23. Zoning, Land Use And Development Regulation |
Article II. Administration And Procedures |
Division 2. Application And Approval Requirements And Procedures |
§ 23-219. Comprehensive plan future land use map amendment.
The city may amend the future land use map of the comprehensive plan by ordinance in accordance with F.S. ch. 163. Deadlines, application forms, and required information are set forth in the procedures manual maintained by the administrative official.
Sec. 23-219.1 Amendment cycle.
a. Small scale amendments— Parcels of ten (10) acres or less in area. Amendments for parcels of ten (10) acres or less will be processed throughout the calendar year in accordance with a schedule and procedures developed by the administrative official, and pursuant to s. 163.3187 F.S.
b. Large scale amendments— Parcels in excess of ten (10) acres in area. Amendments for parcels in excess of ten (10) acres in area will be processed throughout the calendar year in accordance with a schedule and procedures developed by the administrative official and pursuant to s. 163.3184 F.S.
Sec. 23-219.2 Application. An amendment to the city's comprehensive plan may be requested by filing a completed application with the administrative official that consists of the following:
a. Completed application form signed by the property owner or authorized agent;
b. The application fee and reimbursement of the cost of public notice as set forth in section 23-242
c. Legal description(s) of the subject property, including street addresses;
d. Typewritten petition, if application is made by more than one (1) property owner, signed by fifty-one (51) percent or more of the property owners of the area proposed for the amendment, along with the names and addresses of all petitioners, a letter stating the reason for the request, and a plan of the applicant area showing surrounding streets and property owners;
e. Other information as required by the administrative official.
Sec. 23-219.3 Criteria for approving comprehensive plan amendments.
a. The character of the area or adjacent land has changed enough to warrant a different land use designation or is required by annexation to incorporate the property into the Future Land Use Element and to designate the property on the future land use map;
b. Consistent with the concurrency requirements of section 23-704, facilities and services are available or can reasonably be expected to become available at adopted level of service standards concurrent with projected development of the site;
c. The site can accommodate the types of uses allowed in the proposed land use category and comply with other development regulations and standards;
d. The proposal meets any other special provisions of the law;
e. The land uses allowed in the proposed land use category are compatible with surrounding development in terms of appropriate buffers, setbacks, development intensity, off-site odor, noise, and visual and traffic impacts;
f. The proposed land use designation is consistent with other elements of the comprehensive plan.
Sec. 23-219.4 Review and action. The proposed change shall be decided by the city commission upon a recommendation of the planning board.
a. Planning board. The planning board shall review the requested amendment using the criteria stated in section 23-219.3 and, following a public hearing, shall make a recommendation to the city commission for approval or denial.
b. City commission. The city commission shall hold public hearing(s) on the proposed ordinance as required below, and the recommendation of the planning board shall be read into the record. The city commission may approve the amendment as requested by the applicant, approve a change to another land use designation deemed more appropriate than the one applied for, or deny the change.
1. Small-scale amendments— Parcels of ten (10) acres or less in area. Small-scale amendments shall require one (1) public hearing and shall be adopted in accordance with the public notice and public hearing requirements provided in F.S. § 166.041, for adoption of ordinances.
2. Large-scale amendments— Parcels in excess of ten (10) acres in area. Large-scale amendments shall require a transmittal public hearing and an adoption public hearing in accordance with the provisions of F.S. ch. 163.
c. Administrative official. The administrative official shall forward proposed and adopted amendments to the future land use map to the Department of Economic Opportunity for review and approval as required by F.S. ch. 163.
Sec. 23-219.5 Amendment of the Future Land Use Map. The administrative official shall change the future land use map to reflect any change made by the action of the city commission.
(Ord. No. 2014-08, § 2, 09-03-14)