(A) Local Planning Agency established.
(1) Generally. Pursuant to the authority of F.S. §§ 163.3161 et seq., entitled the “Local Government Comprehensive Planning and Land Development Act”, the town hereby designates and establishes the Local Planning Agency of the town. Pursuant to F.S. § 163.3174, entitled “Local Planning Agency”, the Town Council hereby appoints and designates the members of the Planning and Zoning Board together with an additional non-voting member who is a representative of the County School District, to serve as the members of the Local Planning Agency of the town, which shall hereafter be referred to as the LPA. The County School Board shall appoint the additional member of the Local Planning Agency that serves as the representative of the County School District, pursuant to the requirements mandated by F.S. § 163.3174. Unless the absence is excused by the LPA, the attendance of the School District’s representative shall be required for all meetings of the Local Planning Agency at which the LPA considers Comprehensive Plan amendments that would, if approved, increase residential density on the property that is the subject of the application. This appointment is for all purposes required by the said Local Government Comprehensive Planning and Land Development Regulation Act for the representative of the County School District and the members of the Planning and Zoning Board to act and serve as the LPA in regard to the Comprehensive Plan, Plan amendments and the preparation and amendments of the Evaluation and Appraisal Report.
(2) Officers and minutes of the meetings. The LPA shall elect a Chairperson and a Vice Chairperson from among its regular members. The LPA shall appoint a Secretary, who may be a member of the LPA, the Town Clerk, a contract worker or a volunteer, who shall keep the minutes of the meetings and proceedings of the LPA. The Chairperson shall be responsible for the prompt sending of a copy of the approved minutes of each meeting of the LPA to the Town Council and to be available at the meeting of the Town Council to keep the members of Town Council fully informed of the LPA’s meetings, work and related activities.
(3) Meetings. The LPA shall meet at regular intervals to be determined by it and at such other times as the Chairperson of the LPA shall determine. All meetings shall be public.
(4) Rules of conduct. The conduct of business by the LPA shall be governed by Robert’s Rules of Order Newly Revised, latest edition, and such further rules as it may adopt
(5) Records. The LPA shall keep and maintain a properly indexed record of its resolutions, reports, recommendations, transactions, findings and determinations, which record shall be a public record.
(B) Dual function. Whenever the proper application of the law requires it, the actions of the Planning and Zoning Board, together with the representative of the school district, shall be made and performed as those of the LPA. All powers and authority hereinafter specified for the LPA shall be equally proper to and enjoyed by the Planning and Zoning Board in matters not related to the Comprehensive Plan.
(C) Functions, powers and duties.
(1) Generally. The functions, powers and duties of the representative of the school district and the Planning and Zoning Board acting as the LPA shall be in conformity with the provisions of F.S. §§ 163.3161 et seq., entitled the “Local Government Comprehensive Planning and Land Development Act” and as hereinafter set forth. The LPA shall also perform any other functions, duties and responsibilities assigned to it by the Town Council or by general or special law.
(2) Preparation of the Comprehensive Plan and amendments. The Town Council, in cooperation with the LPA, may designate any agency, committee, department or person to prepare the Comprehensive Plan or plan amendment, but final recommendation of the adoption of such plan or plan amendment to the Town Council shall be the responsibility of the LPA.
(D) Information gathering. The LPA shall acquire and maintain such information and materials as are necessary to an understanding of past trends, present conditions and the forces at work which cause changes in these conditions. Such information and material may include maps and photographs of human- made and natural physical features of the areas concerned, statistics on past trends and present conditions of population, property values, economic base, land use and data important in determining the amount, direction and kind of development to be expected in the area.
(E) Comprehensive Plan Program. The LPA shall have the general responsibility for the conduct of the comprehensive planning program, be the agency responsible for the preparation of the Comprehensive Plan, and make recommendations to the Town Council regarding the adoption of such plan or element or portion thereof.
(F) Monitor Comprehensive Plan. The LPA shall monitor and oversee the effectiveness and status of the Comprehensive Plan and recommend to the Town Council such changes in the Comprehensive Plan as may from time to time be required, including the preparation of any periodic reports as may be required by law.
(G) Review Land Development Code. The LPA, acting as the Land Development Regulation Commission, shall review proposed Land Development Codes, or amendments thereto and make recommendations to the Town Council as to the consistency of the proposal with the adopted Comprehensive Plan or element or portion thereof.
(H) Establish policies. The LPA shall establish principles and policies for guiding action in the development of the town.
(I) Conduct public hearings.
(1) Generally. The LPA shall conduct such public hearings as may be required to gather information necessary for the drafting, establishment and maintenance of the Comprehensive Plan and such additional public hearings as are specified under the provisions of this subchapter.
(2) Public participation in the comprehensive planning process; intent; alternative dispute resolution.
(a) It is the intent of the town that the public participate in the comprehensive planning process to the fullest extent possible. Towards this end, the Town Council, the Local Planning Agency, the Land Development Regulation Commission, and the Planning and Zoning Board of the town adopt procedures contained in F.S. § 163.3181 by reference, as if fully set forth herein, in order to provide effective public participation in the comprehensive planning process and to provide real property owners with notice of all official actions which will regulate the use of their property. The provisions and procedures hereby adopted are the minimum requirements towards this end.
(b) During consideration of the proposed Comprehensive Plan or amendments thereto by the Local Planning Agency or by the Town Council, the procedures shall provide for broad dissemination of the proposals and alternatives, opportunity for written comments, public hearings as provided herein, provisions for open discussion, communications programs, information services and consideration of and response to public comments. No amendment to the Comprehensive Plan shall be adopted until after a public hearing with due public notice at which citizens and parties having interest shall have an opportunity to be heard. At the public hearings, all persons interested shall be heard for or against the proposal and any changes or revisions thereof. The public hearings may be adjourned from time to time until the completion and final adoption thereof.
(c) In the event that the Town Council considers undertaking a publicly financed capital improvement project it shall use the procedures herein set forth for the purpose of allowing public participation in the decision and resolution of disputes. For the purpose of this chapter, a
PUBLICLY FINANCED CAPITAL IMPROVEMENT PROJECT is hereby defined as a physical structure or structures, the funding for construction, operation and maintenance of which is financed entirely from public funds.
1. Prior to the date of a public hearing on the decision on whether to proceed with the proposed project the Town Council shall publish public notice of its intent to decide the issue according to the notice procedures described by F.S. § 166.041(3)(c)2.b.
2. By the Town Council’s use of this process, an affected person may not institute or intervene in an administrative hearing objecting to the project as not consistent with the town’s Comprehensive Plan unless, and then only to the extent to which, the affected person raised, through written or oral comments, the same issues between the date of publication of the public notice and the conclusion of the public hearing; however, this limitation shall not apply to issues arising either from significant changes to the location, type or use of the project, or to significant new information about the project site which becomes known after the public hearing as a result of subsequent site study and analysis, if required.
3. If an affected person requests an administrative hearing pursuant to F.S. §§ 120.569 and 120.57, that person shall file the petition no later than 30 days after the public hearing or no later than 30 days after the change or new information is made available to the public, whichever is later. Affected local governments, the state land planning agency or other affected persons may intervene, if provided by law, and the provisions of the Administrative Procedure Act shall govern the proceedings and the final disposition thereof.
(d) In the event that the town denies an owner’s request for an amendment to the Comprehensive Plan which is applicable to the property of the owner, the town shall afford an opportunity to the owner for informal mediation or other alternative dispute resolution. The costs of the mediation or other alternative dispute resolution shall be borne equally by the town and the owner. If the owner requests mediation, the time for bringing a judicial action shall be tolled until the completion of the mediation or 120 days, whichever is earlier.
(J) Report by LPA. As promptly as possible, but at least within 30 days after receipt from the Town Council or other official source of any application or referral for a review, for a requested report or for a hearing regarding a LPA matter, the LPA shall hold a public hearing, and record its review, analysis and recommendations in written form. When the Town Council requests the LPA to prepare recommendations for projects which are complex and require a lengthy time for completion, such as preparation of the town’s evaluation and appraisal report and amendments to the Comprehensive Plan, the LPA may hold a series of meeting over an extended period as may be needed to accomplish the entire task. In such instances, the LPA shall make its recommendations to the Town Council on such portions of the protect as the LPA may complete in each stage of its progress together with its final recommendation on the complete document or amendment at the end of the LPA’S work. All recommendations by the LPA shall be promptly forwarded same to the Town Council. Upon receipt of recommendations from the LPA the Town Council shall make reasonable and timely provision for taking action thereon.
(K) Special studies. The LPA shall make or cause to be made any necessary special studies on the location, condition and adequacy of specific facilities in the area. These may include, but are not limited to, studies on housing, commercial and industrial conditions and facilities, public and private utilities, and traffic, transportation and parking.
(L) Authority of LPA. The actions, decisions and recommendations of the LPA shall not be final or binding on the Town Council but shall be advisory only.
(Ord. 1-90, passed 1-31-1991; Ord. 1-07, passed 4-26-2007; Ord. 1-08, passed 2-28-2008)