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Home My WebLink About674-97 Public Participation Procedure • I IIIIII IIIII IIIII 11111 IIIII IIIII 11111 IIIII IIII IIII ORDINANCE NO.: 6 7 4 97138275 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA, PROVIDING FOR PUBLIC PARTICIPATION IN THE COMPREHENSIVE PLANNING PROCESS FOR THE CITY OF ZEPHYRHILLS, FLORIDA IN CONFORMANCE WITH THE MANDATES OF CHAPTER 163, PART II, FLORIDA STATUTES; PROVIDING FOR THE BROAD DISSEMINATION OF PROPOSALS AND ALTERNATIVES; PROVIDING FOR THE OPPORTUNITY FOR WRITTEN COMMENTS;PROVIDING FOR PUBLIC HEARINGS; PROVIDING FOR OPEN DISCUSSION; PROVIDING FOR CONSIDERATION OF AND RESPONSE TO PUBLIC COMMENTS; PROVIDING FOR EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY. WHEREAS, the Florida Legislature has enacted the Local Governmental Comprehensive Planning and Land Development Regulation Act(Chapter 163, Part II, F.S.): which mandates the preparation of a comprehensive plan and unified land development code for all units of local government; and WHEREAS, Sections 163.3161 through 163.3215 have provided and do provide the necessary_ statutory-direction_and basis_for municipal _and county officials to carry out their __ comprehensive planning and land development regulation powers, duties and responsibilities; and WHEREAS, Chapter 163.3181(1), F.S., establishes that it is in the intent of the Legislature that the public participate in the comprehensive planning process to the fullest extent possible; and WHEREAS, Chapter 163.3181(2), F.S., mandates that procedures be established which provide for broad dissemination of proposals and alternatives, opportunity for written comments, public hearings, provisions for open discussion, communications programs, information services and consideration of a response to public comments. NOW THEREFORE, be it ordained by the City Council of the City of Zephyrhills, Florida, sitting in regular session, that the procedures and actions herein will be used whenever any comprehensive plan, or portion thereof is proposed for adoption. SECTION 1-Title and Intent: 1.01 This Ordinance shall be known as the Public Participation Procedures Ordinance for the City of Zephyrhills,Florida. 1.02 It is the intent of this Ordinance that all citizens affected by comprehensive planning proposals be encouraged to and be afforded the opportunity for input throughout the preparation and enactment process. Rept: 200504 Rec: 19.50 DS: 0.00 IT: 0.00 12/09/97. Dpty Clerk 1 JED PITTMAN, PASCO COUNTY CLERK 12/09/97 10:44a€e 1 of 4 OR BK 3B4-3 PG &' 2 Record and Return to: City Clerk's Office ` 5335 8th Street 4j Zephyrhills, FL 33540 OR BK 3B 4B PG 169.3' • 2 o f 4 1.03 ; :.It is further the intent of this Ordinance that the existing Zephyrhills Comprehensive Plan, Ordinance No.: 506 shall remain in full force and effect until repealed by a new Comprehensive Plan.. . 1.04- It is.further the intentof this Ordinance that these procedures apply to the formal adoption process of the comprehensive plan and amendments thereto, as mandated by Chapter 163, F.S., 1.05 It is further the intent of this Ordinance that the terms "citizen participation" and "public participation" are synonymous and apply to all affected persons, substantially affected persons and aggrieved or"adversely affected parties as defined in Section 163.3184(a), Section 163.3213(2)(a) and Section 163.3215(2), F.S. SECTION 2-Definitions: 2.01 Unless specifically noted otherwise or listed in this section, the definitions found in Chapter 163,Part II,Florida Statutes and Chapter 97-5 Florida Administrative Code, are hereby adopted by reference: : SECTION 3-Notice Procedures: 3.01 The City Clerk of the City of Zephyrhills will advertise twice in a newspaper of general circulation that a public hearing will be held to consider any Of the matters described in Section 1.04. The City Clerk of the City of Zephyrhills will conform to the applicable notice requirements for adoption of the comprehensive plan as described in Sections 163.3184 and 163.3187, F.S. .0� T`he first puliiication mall appears not-less ihan hearing, and the second publication shall appear at least five (5) days prior to the hearing. 3.03 In addition to the advertising requirements described above, a notice of the public hearing will be posted in a conspicuous place at the City Hall of the City of Zephyrhills at least-seven (7) days prior to the hearing. Reasonable notice shall be given of meetings or workshops"and same shall be posted in the same location. - SECTION 4-Local Planning Agency: • - 4.01 Prior to the City Council of the City of Zephyrhills approval, adoption and/or enactment as appropriate,' of any matter listed in Section 1.04, the Planning Commission of the City of Zephyrhills, which has been designated as the Local Planning Agency shall hold at least one public hearing in conformance with the notice requirements described in Section 3. The hearing maybe continued to an announced time upon a majority vote oftne memoerspresent:- - 4.02 The Local Planning Agency public hearing shall afford members of the public reasonable opportunity to present their views on any matter under consideration. The Chairperson may, at his/her discretion, rule out-of-order public comments he/she deems repetitious or not germane to the matter under discussion. 2 OR BK ,34413 PG 6'9 4- 3of4 4.03 The sequence of activities regarding the-matters-under consideration shall be as follows: (a) Announcement of the matter for consideration by the Chairperson. (b) :: ..Presentation of staff reports/comments, if any,whetherwrittenor verbal. (c) Comments from the proponents and opponents of the matter. All speakers will be required to fill out address cards prior to commencement of public hearings so that an accurate record of participants can be maintained. (d) Entering into the record of all written comments submitted. (e) Close public input except for direct questions as;may be initiated by the members of the Local Planning Agency. (f) Discussion, debate and recommendation by majority vote prior to consideration of the next matter. (g); -. - Adjournment: 4.04 The Local Planning Agency shall transmit its'recommendation;on all.matters decided to the City Council of the City of Zephyrhills:;,, ;. SECTION 5-City Council of Zephyrhills:, : - ;'; 5.01 Prior to transmittal.of the City.of Zephyrhills Comprehensive Plan to the Florida Department of Community Affairs (DCA), the City Council shall hold at least one public hearing to consider the recommendation of the Local Planning Agency. This meeting shall be advertised in conformance with the notice requirements of Section _ - 3: T� hea.rr�a_-,ray be continued:to �. announced tir"e upon Via:majoriiy vote of the members present. 5.02 The-City Council of the City of Zephyrhills public hearing shall afford members of the public reasonable opportunity to present their views on any matter under consideration. The Chairperson may, at his/her discretion, 1141e—out-of-order public commentshe/she deems repetitious or not germane,to,the matter under discussion. 5.03 The sequence of activities regarding matters under:consideration shall be as-follows: (a) Announcement of the matter for consideration by the Chairperson. (b) - Presentation of staff reports/comments, if any;whether.written or verbal. (c) Comments from the proponents and opponents of the matter. Allspeakerswill be required to fill out address cards prior to commencement of a public hearing so that an accurate record of participants can be maintained." (d) Entering-into the reco.d of an written comments submitted. (e) Close public input except for direct questions as may be initiated by the members of the City Council. ✓ .. (f) Discussion, debate and recommendation by Majority vote of each matter , considered. (g) Adjournment. 3 OR BK .aa -B PG &S. . 4 of 4 5.04 The City Council shall approve the comprehensive plan submitted to DCA for review by a majority vote of the entire council. SECTION 6-Location of Document and Maps: 6.01 In order to provide for the broad dissemination of proposals and information during the planning process, all draft and final comprehensive plans and supporting documents scheduled for discussion or presentation at public workshops -- or hearings will be available for the public viewing at the City of Zephyrhills City Hall IIduring regular hours. Reproduction of these documents will be available at a - - reasonable cost, as provided by law. Products which can not be readily reproduced, for example, certain maps,will be available for public inspection during regular hours at City Hall. 6.02 To the extent possible, the City of Zephyrhills will make copies of all readily reproducible documents available for public viewing at the City of Zephyrhills Public Library. SECTION 7-Effective Date: 7.01 This Ordinance shall take effect upon receipt of official acknowledgement from the Department of State of the State of Florida that it has been filed and does hereby repeal all ordinances or portions thereof in conflict herewith. SECTION 8-Severability: 8.01 In the event any section, subsection, para ,raph, sentence, clause, phrase or word of tl is ordinaneZ=shall be he a'invalid by'.a court of competetii jurisdiction, then such invalidity shall not affect the remaining portions hereof. The foregoing Ordinance No.: 71/was read and passed on its first reading in open and regular meeting by the City Council of the City of Zephyrhills, Florida, on this W day of -U4:. - - y, A.D., 1997. i‘ • .0" - .e , r e, ;,., ..Cid .,- . L.t''NIA ° 4/ President • City Council - Attest: ,, . . - ': _ :- . - , qty a*:r ,,LINDA ID OAN Tlie,:foregoing Ordinance No.: ( 74. was read and passed on its second reading in open and regular meeting4'b? the City Council of the City of Zephyrhills, Florida, on this c `-iday of 4) i p ,A.D., 1997. ;, . -..y - ___ 7____- - LANL.BREN '1 President of C y Council Attest- _ ( N.2:,2_1. ; Q�nJ City lurk, LINDA D OAN Tl!) foi going Or4iiiarice No.: 6 7 V _ was <•. oved by e this �'� day of /1.i.w. .: -- J 4 A.D., 1997. • ,aged :Ndki-4: 1, /A#,,AMES A. BAILEY, Mayor 4 u:, r