[Adopted 2-19-1991 by Ord. No. 90-28]
The procedures in this Part 4 shall be followed in amending
the City of South Pasadena Comprehensive Plan. This Part 5 supplements
the mandatory requirements of state law, which must be adhered to
in all respects.
A.
Generally. Any person, board or agency may apply to the City Clerk
to amend the Comprehensive Plan in compliance with the procedures
outlined below.
B.
Submittals generally. The application shall include the following
information:
(1)
The applicant's name and address.
(2)
A statement describing any changed conditions that would justify
an amendment.
(3)
A statement describing why there is a need for the proposed amendment.
(4)
A statement indicating whether the proposed amendment is proposed
as a cycle amendment or as an F.S. § 163.3187 exception.
(5)
A statement describing whether and how the proposed amendment is
consistent with the City of South Pasadena Comprehensive Plan, the
regional plan, the state plan and the countywide plan.
(7)
If the applicant requests an amendment to the Future Land Use Map,
the application shall include:
(a)
The street address and legal description of the property proposed
to be reclassified.
(b)
The applicant's interest in the subject property.
(c)
The owner's name and address, if different than the applicant.
(d)
The current land use district classification and existing land
use activities of the property
(e)
The area of the property proposed to be reclassified, stated
in square feet or acres.
(8)
Such other information or documentation as the City Clerk may deem
necessary or appropriate to a full and proper consideration and disposition
of the particular application.
In reviewing the application of a proposed amendment to the
City of South Pasadena Comprehensive Plan, the City Commission and
the Planning and Zoning Board shall consider:
A.
Whether the proposed amendment is in conflict with any applicable
provisions of this chapter.
B.
Whether the proposed amendment is consistent with all elements of
the adopted City of South Pasadena Comprehensive Plan; the Regional
Comprehensive Plan, the State Comprehensive Plan and the adopted Countywide
Comprehensive Plan.
C.
Whether and the extent to which the proposed amendment is inconsistent
with existing and proposed land uses.
D.
Whether there have been changed conditions that require an amendment.
E.
Whether and the extent to which the proposed amendment would result
in demands on public facilities, and whether or the extent to which
the proposed amendment would exceed the capacity of such public facilities,
including, but not limited to roads, sewage facilities, water supply,
drainage, solid waste, parks and recreation, schools and emergency
medical facilities.
F.
Whether and the extent to which the proposed amendment would result
in significant adverse impacts on the natural environment.
G.
Whether and the extent to which the proposed amendment would adversely
affect the property values in the area.
H.
Whether and the extent to which the proposed amendment would result
in an orderly and logical development pattern, specifically identifying
any negative effects on such pattern.
I.
Whether the proposed amendment would be in conflict with the public
interest, and in harmony with the purpose and interest of this chapter.
J.
Any other matters that may be deemed appropriate by the Planning
and Zoning Board or the City Commission, in review and consideration
of the proposed amendment.
A.
Preapplication conference. Prior to filing for a plan amendment,
the applicant shall meet with the City Clerk or his/her designee to
discuss the plan amendment review process. No person may rely upon
any comment concerning a proposed plan amendment, or any expression
of any nature about the proposal made by any participant at the preapplication
conference as a representation or implication that the proposal will
be ultimately approved or rejected in any form. The preapplication
conference may be waived at the option of the City Clerk.
B.
Submission and completeness. Within 20 days after an application
for an amendment to the City of South Pasadena Comprehensive Plan
is submitted, the City Clerk or his/her designee shall determine whether
the application is complete. If the application is not complete, the
City Clerk shall send a written statement specifying the application's
deficiencies to the applicant by mail. The City Clerk shall take no
further action on the application unless the deficiencies are remedied.
C.
Distribution. When the City Clerk determines an application for an
amendment to the City of South Pasadena Comprehensive Plan is complete,
he/she shall distribute the application to the Pinellas County School
Board, the Cities of St. Petersburg, St. Petersburg Beach and Gulfport
and Pinellas County, for review and comment. The City Clerk shall
advise each local government and service supplying agency that it
has 21 days to submit comments.
D.
Review by City Clerk. Upon determination by the City Clerk that an
application is complete, the City Clerk or his/her designee shall
within 30 days review the application and make a staff recommendation
to the Planning and Zoning Board.
E.
Review by Planning and Zoning Board. Within 21 days of receipt of the staff recommendation, the Planning and Zoning Board shall make a recommendation to grant or deny the application for proposed amendment to the City Commission. The standards set out in § 130-89 shall be considered. Such recommendation shall:
(1)
Identify any provisions of this chapter, the Comprehensive Plan or
other law relating to the proposed change and describe how the proposal
relates to them.
(2)
State factual and policy considerations pertaining to the recommendation.
(3)
Include the written comments, if any, received from the City Clerk
or any of the commenting local governments or agencies.
F.
First public hearing by City Commission.
(1)
The City Commission shall hold a public hearing, on all proposed
Comprehensive Plan amendments during the calendar months of June and
November and shall comply with the notice requirements of F.S. § 163.3184.
These shall be the transmittal stage public hearings and the first
reading of each of the proposed amendments.
(2)
Once the Planning and Zoning Board has made a recommendation to City Commission on an application, that application shall be set for hearing at the next available public hearing referenced in Subsection F(1) above.
(3)
The City Commission shall consider the standards of § 130-89 in reviewing each application for plan amendment.
(4)
At the conclusion of the public hearing, the City Commission shall
vote separately on each application. The City Commission shall vote
to either include or exclude each proposed amendment from its consolidated
cycle amendment.
(5)
Each plan amendment which the City votes to include in its proposed
amendment submittal to the State Land Planning Agency shall also be
sent to the Pinellas Planning Council. In the event that a proposed
amendment necessitates an amendment to the countywide plan in order
to achieve consistency, the City shall apply for said amendment. Ten
copies of the proposed plan amendments shall immediately be forwarded
to the State Land Planning Agency in accordance with F.S. § 163.3184(3)(a).
(6)
Amendments which are exceptions to F.S. § 163.3184 may
be set for public hearing without regard for the time limitations
of this section.
G.
Second public hearing by City Commission.
(1)
Following receipt of the written objections recommendations and comments
of the State Land Planning Agency, the City Commission shall within
60 days hold a second public hearing which shall be noticed in accordance
with F.S. § 163.3184(15).
(2)
The City Commission shall consider the objections, recommendations
and comments of the State Land Planning Agency and, at the conclusion
of the hearing, shall vote separately to adopt, adopt with changes
or not adopt each proposed amendment.
(3)
The City shall transmit five copies of any amended element of the
plan to the State Land Planning Agency for a compliance determination
in accordance with F.S. § 163.3184(7).
In the event that a plan amendment is determined to be not in
compliance by the State Land Planning Agency or is challenged by an
interested third party or the Pinellas Planning Council, nothing contained
in this Article shall prevent or hinder the City Commission from entering
into settlement agreements with any party. Nothing in this Article
shall serve to create any right of estoppel in the applicant to bind
the City Commission to any particular course of action with regard
to its participation at an administrative hearing or before the Administration
Commission.
A.
After a decision or recommendation denying a proposed amendment to
the South Pasadena Comprehensive Plan, the City Commission and the
Planning and Zoning Board, shall not consider an application for the
same amendment for a period of two years from the date of the action.
B.
The time limit of this section may be waived by the affirmative vote
of five members of the City Commission when such action is deemed
necessary to prevent injustice or facilitate the proper development
of the City.
[Amended 4-27-1993 by Ord. No. 93-08]
A.
A fee as set forth from time to time by resolution of the City Commission
shall be collected from the applicant at the time of initial application
to defray the administrative costs of review for plan amendment applications.
B.
In the event that the actual cost of review exceeds the set fee,
the applicant shall be responsible for payment of said costs.
