HomeMy WebLinkAboutDocumentation_Workshop_Tab 02_4/4/2022Agenda Item #2.
Workshop
STAFF
Meeting:
Staff Contact:
MEMO
Workshop - Apr 04 2022
Nilsa Zacarias, Director of
Community Development
Discussion on Public Notices
Discussion on Public Notices
Department: Community Development
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4-4-22-public notices -COUNCIL WORKSHOP - Cop .docx
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Agenda Item #2.
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VILLAGE OF TEQUESTA
To: Mayor Molly Young and Village Council
From: Nilsa Zacarias, AICP, Community Development Director
Date: 3/29/22
Ref.: Public Notices— Village Council Workshop
A. With regard to Public Notices, the Village Code include the following provisions:
1. Special Exception Uses and Variance Applications
Notice of public hearing shall be advertised a minimum of ten days in advance of the public hearing in a
newspaper of general circulation in the area. Notice shall be given by mail to all owners of property within a
300-foot radius of the boundary lines of the property for which a special exception and variance are
requested. The list of property owners within the stated radius shall be provided by the applicant from the
most recent tax roll information as provided by the county appraiser's office. The applicant must furnish an
affidavit signed by the person responsible for providing the list.
2. Site Plan Review Applications
Review by Planning and Zoning Board: Notice of public hearing shall be advertised a minimum of ten
days in advance of the public hearing in a newspaper of general circulation in the area.
Review bV Village Council: Notice of public hearing shall be advertised a minimum of ten days in
advance of the public hearing in a newspaper of general circulation in the area.
3. Development Review Committee. Currently, Sec. 78-334. - Application and review process Does NOT
include provisions for advertising the DRC meeting.
B. For comparison purpose, Staff also researched information from other municipalities regarding Public Notices:
Town of Juno Beach
"Unless otherwise required by state statutes, notice of each public hearing required hereunder shall be published
at least 15 days in advance of the public hearing. Notice of each such hearing shall also be posted on the property
for which a special exception is sought, and at the town center, at least 15 days prior to the public hearing. "
Town of Jupiter
Sec. 27-262. - Notice requirements.
(a) The following notice requirements shall apply to variance applications, and all planned unit developments,
site plans and special exception applications requiring public hearings. These notice requirements are
supplemental to the notice requirements of F.S. § 166.041.
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Agenda Item #2.
(1) Publication of notice. For public hearings on variance applications to be conducted by the zoning board of
adjustment, and for public hearings on planned unit developments, site plans and special exceptions to be
conducted by the town council, a notice of the public hearing shall be published in a newspaper of general
circulation in the town, at least seven days prior to the date of the first public hearing by the town council. The
published newspaper notice shall include the name of the property owner, the name of the project and/or
applicant, a general written description of the request, and the location or specific street address of the subject
property. Public hearings may be continued by the majority vote of the presiding body to a date specified without
publication of further notice.
(2) Posting of public notice signage on the subject property. Public notice of requests for approval of planned unit
developments, variances, site plans, and special exceptions to be considered by the town council or the zoning
board of adjustment, shall be posted by the applicant, agent or property owner, in a conspicuous place clearly
visible from accessible public property on or around the property which is the subject of the application. Failure to
post and maintain such notice may result in a postponement of the application at the advertised public hearing.
The applicant shall provide photographs of the public notice postings to the department of planning and zoning no
later than ten calendar days prior to the first public hearing. The applicant shall bear any costs that may be required
to re -advertise the public hearing. The requirements listed below shall be followed in the posting of all public
notices:
a.
A minimum of one public notice sign shall be posted along each property frontage abutting each public right-of-
way; however, the department of planning and zoning may require the posting of additional signs depending upon
the size and location of the property which is the subject of the application. The required signs shall be posted by
the applicant in a conspicuous manner within 25 feet of the nearest public right-of-way.
b.
The required signs shall be posted no later than 14 calendar days prior to the public hearing. The signs shall be
maintained and, if necessary, shall be replaced by the applicant, and shall remain posted on the property until final
action is taken on the application by the town, or until the application has been officially withdrawn. The signs shall
be removed by the applicant within ten calendar days after final action is taken on the application by the town, or
the application is officially withdrawn by the applicant.
C.
All required public notice signs shall be provided to the applicant or the applicant's authorized agent by the
department of planning and zoning. Only signs provided by the department of planning and zoning may be utilized.
The department of planning and zoning shall provide the applicant or applicant's authorized agent with directions
for posting the sign. In the event the town incurs any administrative, professional, legal or other costs, expenses,
or fees due to the applicant's failure to either post or maintain posted signs, the applicant shall reimburse the town
for all such fees or costs within 30 calendar days from the date of the issuance of any invoice to the applicant by
the town for payment of the additional costs, fees, and expenses. The failure of an applicant to reimburse the town
for such costs, fees, and expenses within the 30-day period shall result in the creation of a lien in favor of the town
against the applicant and any real and personal property owned by the applicant in the state. Interest on the unpaid
amount shall accrue at the rate of nine percent per annum. The town may record a claim of lien for the unpaid
amounts due, including interest, in the public records of the county and any other county in which the applicant
owns real property.
(3)
Mailing of courtesy notice to adjacent property owners for variance applications. A courtesy notice containing the
same information set forth in this subsection shall be mailed by the town at the applicant's expense to the owners
of record abutting the property ten days prior to the first public hearing. Failure to receive such courtesy notice,
however, shall not affect any action or proceedings taken hereunder, nor is it intended to supplement the required
notice provisions of law for due process or any other purposes.
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Agenda Item #2.
(b)
The town shall follow the applicable statutory notice and advertising requirements for all applications governed
by state law including comprehensive plan amendments, text changes to the town's land development regulations,
or changes in zoning. In addition to the statutory requirements, the following additional notice requirements shall
be followed for future land use map amendments and changes in zoning applications:
(1)
Posting of public notice signage on the subject property. Public notice of all applications in this subsection shall be
posted by the applicant, agent or property owner, in a conspicuous place on or around the property which is the
subject of the application. Failure to post and maintain such notice may result in a postponement of the advertised
public hearing. The applicant shall provide photographs of the public notice postings to the department of planning
and zoning no later than ten calendar days prior to the first public hearing. The applicant shall bear any costs that
may be required to re -advertise the public hearing. The requirements listed below shall be followed in the posting
of all public notices:
a.
A minimum of one public notice sign shall be posted along each property frontage abutting each public right-of-
way; however, the department of planning and zoning may require the posting of additional signs depending upon
the size and location of the property which is the subject of the application. The required sign or signs shall be
posted by the applicant in a conspicuous manner within 25 feet of the public right-of-way.
b.
The required signs shall be posted no later than 14 calendar days prior to the public hearing. The signs shall be
maintained and if necessary shall be replaced by the applicant, and shall remain posted on the property until final
action is taken on the application by the town, or until the application has been officially withdrawn. The signs shall
be removed by the applicant within ten calendar days after final action is taken on the application by the town, or
the application is officially withdrawn by the applicant.
C.
All required public notice signs shall be provided to the applicant or the applicant's authorized agent by the
department of planning and zoning. Only signs provided by the department of planning and zoning may be utilized.
The department of planning and zoning shall provide the applicant or applicant's authorized agent with directions
for posting the signs. In the event the town incurs any administrative, professional, legal or other costs, expenses,
or fees due to the applicant's failure to either post or maintain posted signs, the applicant shall reimburse the town
for all such fees or costs within 30 calendar days from the date of the issuance of any invoice to the applicant by
the town for payment of the additional costs, fees, and expenses. The failure of an applicant to reimburse the town
for such costs, fees, and expenses within the 30-day period shall result in the creation of a lien in favor of the town
against the applicant and any real and personal property owned by the applicant in the state. Interest on the unpaid
amount shall accrue at the rate of nine percent per annum. The town may record a claim of lien for the unpaid
amounts due, including interest, in the public records of the county and any other county in which the applicant
owns real property.
d.
The director of the department of planning and zoning may determine that a town -initiated application is not
required to post public notice signs, if:
1. The proposed land use designation is substantially equivalent to the existing designation;
2. The proposed zoning district is substantially equivalent to the existing district and use; or
3. The change in zoning is necessary to comply with F.S. § 163.3194.
(2)
Mailing of courtesy notice to adjacent property owners. A courtesy notice containing the name of the owner of
the property, the name of the project and/or applicant, a general written description of the request and the
location, or specific street address, of the property, shall be mailed by the town, at the applicant's expense, to the
owners of record of property within a radius of 300 feet of the property described in the application no later than
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Agenda Item #2.
ten calendar days prior to the first public hearing. In addition, for all large-scale comprehensive plan map
amendment applications, a second courtesy notice containing the name of the project and/or applicant, and a
general written description of the location, or specific street address of the property, shall be mailed by the town,
at the applicant's expense, to the owners of record of property within a radius of 300 feet of the property described
in the application no later than ten calendar days prior to the adoption public hearing meeting. Failure to receive
such courtesy notice, however, shall not affect any action or proceedings taken hereunder, nor is it intended to
supplement the required notice provisions of law for due process or any other purposes. The director of the
department of planning and zoning may determine that a town -initiated application is not required to provide this
courtesy notice if:
a.
The proposed land use designation is substantially equivalent to the existing designation;
b.
The proposed zoning district is substantially equivalent to the existing district and use; or
C.
The change in zoning is necessary to comply with F.S. § 163.3194.
(c)
Applicants shall post and maintain a public notice for applications for the administrative approval of a Small -Scale
Planned Unit Development District (SSPUD) and administrative special exception expansions in a conspicuous
place such that the notice is clearly visible from each public road the property fronts. The failure to post and
maintain the public notice may result in a delay of the consideration of the application. Applicants shall provide
photographs of the public notice postings to the department of planning and zoning no later than ten calendar
days after the submission of the application. The requirements for posting of public notices are:
(1)
At least one public notice sign shall be posted along each property frontage within 25 feet of each abutting public
street or right-of-way; however, the department of planning and zoning may require that additional signs be posted
depending upon the size and location of the property.
(2)
Signs shall be conspicuous and shall be maintained so as to be legible until final action is taken on the application
or until the application is withdrawn. The signs shall be removed by the applicant within ten calendar days after
final action is taken on the application, or the application is withdrawn.
(3)
All public notice signs shall be obtained from the department of planning and zoning.
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