§ 4-18. Procedure for Consideration of a Comprehensive Plan Amendment

(A)

Pursuant to Florida Statutes. Comprehensive Plan amendment procedures shall be pursuant to Chapter 163, Part II Florida Statutes.

(B)

Petition for amendment. A petition for a Comprehensive Plan amendment may be proposed submittal of an application shall be made to the Planning, Zoning and Development Department in accordance section 4-11.

(C)

Staff Review. Once the application is determined to be complete by the Community Development Director the application will be reviewed by City Staff for compliance with all applicable City regulations.

(D)

Planning and Zoning Board. Staff shall prepare a report of findings for presentation at a public hearing by the Planning and Zoning Board. The Planning and Zoning Board shall consider the application, all supporting documentation and evidence, the staff report of findings and shall make recommendation regarding the comprehensive plan amendment to the City Council sitting as the Local Planning Agency and the City Council.

(E)

The Local Planning Agency and City Council. The Local Planning Agency and City Council shall hold a public hearing to consider the application, all supporting documentation and evidence, the staff report of findings and the Planning and Zoning Boards recommendations. The City Council sitting as the Local Planning agency shall make recommendation regarding the comprehensive plan amendment to the City Council. The City Council shall approve, approve with conditions or deny the application.

(F)

Criteria for evaluation. The criteria used to evaluate a comprehensive plan amendment shall be as set forth in Chapter 163, Part II, Florida Statuettes.

(G)

Approval by Ordinance. Approval of the Comprehensive Plan amendment shall be by ordinance which shall specify the exact nature of the amendment and any modifications thereto. The effective date of the ordinance shall be the date the ordinance is approved unless otherwise specified in the adopting ordinance.

(H)

Denial of Petition.

(1)

If the City Council/ Local Planning Agency does not act on the petition within six (6) months of the date of receipt of the Planning and Zoning Boards recommendations, the petition shall be deemed to have been denied.

(2)

Whenever the City Council has taken action to deny a petition to amend the comprehensive plan, the City shall not consider any further petition for the same amendment for a period of six (6) months from the date of that action.

(3)

Notwithstanding subsection [(H)](2) above, the City Council at any time may consider a new application affecting the same property as an application that was previously denied provided that the application differs in some substantial way from the one previously considered.

(I)

Approval of Petition. Whenever the City Council has taken action to approve a petition to amend the comprehensive plan, the City shall not consider any petition for amending the all or any part of the same amendment for a period of one (1) year from the effective date of the amendatory ordinance.

(J)

Waiver of Time Limits. The time limits of subsections (H) and (I) above may be waived by the City Council when such action is deemed necessary to prevent injustice.

(K)

Expiration of Comprehensive Plan Amendment. Once a petition for a comprehensive plan amendment has been approved by the City Council, the effect of the amendment shall not expire unless otherwise provided in the adopting ordinance.