Background:
Section 2-33(k) of the Code of the City of Sunrise, Florida (City Code), currently requires that rezonings be considered during two (2) quasi-judicial hearings. Rezonings are zoning map amendments, which are changes to the designated zoning district applied to a specific site or a larger area. Rezonings alter the permitted land uses and/or development standards for the subject property. Typically, rezonings are initiated by developers of specific sites in order to allow different development than what is currently authorized. However, rezonings could also be initiated by the City.
By contrast, a zoning text amendment is a modification to the land development code that revises regulations applicable to all properties within a zoning district.
Section 166.041, Florida Statutes, which establishes procedures for adoption of ordinances and resolutions, addresses both zoning map amendments (i.e., rezonings) and zoning text amendments. Depending on the nature of the amendment, Section 166.041 requires cities to follow specific procedures to adopt the zoning ordinance.
First, zoning map amendments initiated by a developer or owner of a property, require two (2) readings of the title of the ordinance, but only one (1) of the readings must be a quasi-judicial hearing. Second, zoning map amendments initiated by the City involving less than 10 contiguous acres also require one (1) quasi-judicial hearing, but require additional public notice. Finally, zoning map amendments initiated by the City involving 10 contiguous acres or more, and all zoning text amendments which change the list of permitted, conditional or prohibited uses within a zoning category, require two (2) quasi-judicial hearings with additional public notice requirements.
City staff have reviewed Section 166.041, Florida Statutes, and recommend amending Section 2-33 of the City Code to conform to state law. Because the majority of rezonings in Sunrise are zoning map amendments initiated by a developer or owner of a property, the effect of this Code amendment will be that most rezonings will now go on the agenda for a first reading and then be considered at a single quasi-judicial hearing at second reading.
CHANGES FROM FIRST READING - Language was added to Section 2-33(k) to establish the specific procedures the City Commission will follow at first and second readings of rezoning ordinances. First reading will be limited to reading the ordinance by title, or in full, and providing notice of the second reading at a date and time certain public hearing. At second reading, the quasi-judicial public hearing will be conducted. These procedures comply with Section 166.041, Florida Statutes.