Comprehensive Plan Amendments

Pre-Application Meeting

Any person proposing to amend the Comprehensive Plan, including changes to the Future Land Use Map and/or the text, must meet with a Department of Development Services planner prior to submitting an application. The purpose of the pre-application meeting is to acquaint the applicant with the Comprehensive Plan amendment procedures and to acquaint the City with the proposed Comprehensive Plan amendment (§305.01[A] and §305.02[A], Land Development Regulations [LDR]).

Application

Comprehensive Plan amendments may be initiated by a Department of Development Services planner, City Commission, Planning and Zoning Board, Board of Adjustment, or a property owner(s) or lessee(s) of property within the area proposed to be changed or affected (§305.01[D][1], LDR). The applicant must submit to a Department of Development Services planner a Comprehensive Plan amendment application package prior to the cutoff date as indicated on the official Planning and Zoning Board meeting schedule. The application package shall consist of the following information and any other information material to the Comprehensive Plan amendment decision (§305.01[B] and §305.02[B], LDR):

Text & Future Land Use Map Changes

Completed Planning Application, prescribed by the Department of Development Services (§305.01[D][2], LDR); and
Receipt of administration fee payment

Text Changes Only

Letter from applicant indicating the portion of the Comprehensive Plan the applicant proposes to amend and the wording of the proposed amendment.

Future Land Use Map Changes Only

A boundary survey with a metes and bounds description of the subject property(ies), identifying the site acreage and any easements;
The future land use category(ies) of the subject property(ies);
The zoning classification(s)/district(s) of the subject property(ies);
The requested City future land use category(ies);
The existing land use(s), future land use category(ies), and zoning classification(s)/district(s) of the property(ies) within 150 feet of the subject property(ies);
A Transportation Impact Analysis;
A completed St. Johns River Water Management District Potable Water Availability Worksheet; and
A copy of the completed and submitted Volusia County School Board School Planning and Concurrency Application.

Review Process

Upon receipt of a complete application package by the Department of Development Services before the cutoff date as indicated on the official Planning and Zoning Board meeting schedule, the staff shall prepare a Comprehensive Plan amendment report that addresses the following issues and derives a recommendation from facts to the local planning agency (LPA) to approve, conditionally approve, or deny the application (§305.01[C][1] and §305.02[C][1], LDR):

Consistency of the proposed Comprehensive Plan amendment with the goals, objectives, and policies of the Comprehensive Plan;
Consistency of the proposed Comprehensive Plan amendment with the Land Development Regulations;
Availability of municipal services to the subject property(ies) consistent with the City's adopted levels-of-service and plans for the extension of these services;
Impacts expected from a Comprehensive Plan amendment to the subject property(ies); and
Other issues that have a bearing on the Comprehensive Plan amendment.

Planning & Zoning Board Review

Upon receipt of the Comprehensive Plan amendment report, the board, in its capacity as the local planning agency (LPA), shall hold a public hearing on the proposed Comprehensive Plan amendment, review the application package and the staff recommendation, and make a recommendation to the City Commission to approve, conditionally approve, or deny the requested Comprehensive Plan amendment (§305.01[C][2] and §305.02[C][2], LDR).

City Commission Action

Upon receipt of the recommendation of the Department of Development Services and the recommendation of the Planning and Zoning Board, the City Commission shall prepare a Comprehensive Plan amendment ordinance and schedule two (2) public hearings to approve, conditionally approve, or deny the requested Comprehensive Plan amendment (§305.01[C][3] and §305.02[C][3], LDR).

Large Scale Adoption

Upon receipt of the approval or conditional approval on the first reading of a large scale Comprehensive Plan amendment by the City Commission, the staff shall send copies of the notice and amendment to the Florida Department of Community Affairs (DCA), as the state land planning agency, the East Central Florida Regional Planning Council, and any other person or entity requesting a copy.

This information shall also include a statement identifying any property subject to the amendment that is located within a coastal high hazard area as identified in the Comprehensive Plan (§163.3187[1][c][2][b], Florida Statutes).

Upon receipt of the DCA Objections, Recommendations, and Comments (ORC) report and the VGMC Certificate of Consistency, the City Commission may adopt a large scale Comprehensive Plan amendment. The Department of Development Services shall amend the Comprehensive Plan and send copies of the notice, executed Comprehensive Plan amendment ordinance to DCA, and responses to the ORC report (§305.01[C][3] and §305.02[C][3], LDR).

The Comprehensive Plan amendment shall not become effective until the DCA issues a final order determining the adopted amendment to be in compliance in accordance with §163.3184(9), or until the Administration Commission issues a final order determining the adopted amendment to be in compliance in accordance with §163.3184(10) (§163.3189[2][a], Florida Statutes).

Small Scale Adoption

Upon receipt of the VGMC Certificate of Consistency, the City Commission may adopt a small scale Comprehensive Plan amendment. The Department of Development Services shall amend the Comprehensive Plan and send copies of the notice and executed Comprehensive Plan amendment ordinance to DCA.

The DCA will only review and approve the action if the proposed amendment is
challenged within 30 days after adoption by the City Commission (§305.01[C][3] and §305.02[C][3], LDR). Small scale development Comprehensive Plan amendments shall not become effective until 31 days after adoption. If challenged within 30 days after adoption, then small scale development Comprehensive Plan amendments shall not become effective until the DCA or the Administration Commission, respectively, issues a final order determining the adopted small scale development Comprehensive Plan amendment is in compliance (§163.3187[3][c], Florida Statutes).

Administration Fees

Administration fees are for the purpose of processing applications and advertising proposed action. No fees shall be refunded except when an application is withdrawn prior to any processing or advertising.

The City Commission shall establish, by resolution, a schedule of administration fees for Comprehensive Plan amendments. The applicant for a Comprehensive Plan amendment shall pay the required fees at the time the application is submitted. Administration fees shall be set and adjusted periodically by the City Commission (§305.01[B][2] and §305.02[B][2], LDR).

If the City Commission finds the imposition of a fee to be creating an unreasonable hardship to any person or entity, the City Commission may waive said fee (§305.01[D][3], LDR).