Sec. 27-148. - Procedure for area and parcel rezoning applications.
(a) Area rezoning. An area rezoning is deemed to mean any proposed change to the official zoning atlas which is initiated by:
(1) The city council on its own motion; or
(2) Application, by any person other than the owner of the property or his agent; or
(3) Application, by any person or his agent, for a rezoning which involves ten (10) contiguous acres of land or more.
(4) Every application for an area rezoning filed under subsection (a) above shall contain the information described below. Additional material may be presented at the applicant's option:
a. All items required in subsection (b)(l) and (2) below.
b. A transportation analysis, prepared by a professional traffic engineer or approved by the city traffic engineer, when required, shall be submitted with all area rezoning applications. The analysis shall include the total trips generated by the rezoning and the distribution of the trips onto adjacent streets. Institute of Traffic Engineers (ITE) trip generation rates or other approved source shall be used as the basis for trip generation calculations.
(5) The applicant shall pay a fee, as established by the city council by resolution, which covers the city's cost and expense in connection with the handling and processing of the zoning application. The fee shall be paid at the time of filing. No refund of the fee shall be made after the application is filed. However, by a majority, the city council may authorize the director of revenue and finance to refund the filing fee in any case where, due to administrative error and without applicant's fault, the rezoning application has been unnecessarily filed.
(6) Processing schedule.
a. Euclidean and site plan district area rezoning applications.
1. Applications shall be filed with the zoning administrator. The zoning administrator shall receive, certify, and make recommendations on applications for rezoning, and once certified, shall transmit one (1) copy of the completed application to the city clerk for placement on the applicable city council agenda for public hearing.
2. Refer to subsection (b)(4)a. below for processing procedures for Euclidean area rezoning applications.
3. Refer to subsection (b)(4)b. below for processing procedures for site plan district area rezoning applications.
b. Transportation analysis (when required).
1. Prior to submittal of the application for rezoning, the applicant shall be required to meet with the transportation division, in order to define the appropriate methodology for the analysis.
2. The analysis is due upon submittal of the application and the transportation division shall have a minimum of thirty (30) days to review any analysis submitted in support of the application. Any revisions to an analysis may require additional review time beyond the initial thirty (30) day review period, unless otherwise determined by the director of public works.
c. If the applicant fails to comply with any of the requirements as set forth in subsections (a)(4)—(6) above, the applications shall be continued to a later public hearing date. Once the zoning administrator certifies that the application is complete, the zoning administrator shall transmit one (1) copy of the completed application to the city clerk for placement on the next available public hearing date. For purposes of this subsection, "available public hearing date" means an agenda item position, on an evening city council agenda, that is open and available per city council's adopted Rules of Procedure.
City council, by unanimous vote, may elect to add additional agenda item positions on any evening city council agenda. In this event, the application must comply with the public notice requirements of section 27-149 and the final site development plan deadline per subsection (b)(4)b. below.
(7) Adoption by city council. Area rezonings shall be adopted in the same manner as parcel rezonings, subsection (b)(5) below.
(b) Parcel rezonings: Receipt of applications and associated documents. Applications shall be filed with the zoning administrator. The zoning administrator shall receive, certify, and make recommendations on applications for rezoning, and once certified, shall transmit one (1) copy of the completed application to the city clerk for placement on the applicable city council agenda for public hearing. Every application for parcel rezonings shall contain, at a minimum, the information described below:
(1) Euclidean parcel rezoning.
a. The application shall be typewritten, signed and sworn to by the applicant or his authorized agent and shall include the post office address of the applicant and the property owner.
b. It shall give an accurate legal description of the land involved, including street address, if any, and the names of all owners, mortgage holders, lienors and lessees.
c. It shall list all owners of the property which is the subject of the application, together with all owners of property within two hundred fifty (250) feet, including roads or streets, in any direction from the property line of the property which is the subject of the application, the names and addresses of all such owners to be obtained by reference to the latest ad valorem tax records.
d. It shall give the existing district zoning classification of the land and the district zoning classification to which it is desired a change be made.
e. It shall have attached a sealed survey, which contains boundary, topographic, and tree location information.
f. Any other information, as required by the zoning administrator, that may be needed to certify the application.
(2) Site plan district parcel rezoning.
a. All requirements noted in subsection (b)(l) above.
b. All requirements noted in section 27-138.
(3) The applicant shall pay a fee, as established by the city council by resolution, which covers the city's cost and expense in connection with the handling and processing of the zoning application. The fee shall be paid at the time of filing. No refund of the fee shall be made after the application is filed. However, by a majority vote, city council may authorize the director of revenue and finance to refund the filing fee in any case where, due to administrative error and without applicant's fault, the rezoning application has been unnecessarily filed.
(4) Processing schedule.
a. Euclidean parcel rezoning applications.
1. Upon receipt of a complete application, the zoning administrator shall assign a tentative public hearing date.
2. For Euclidean parcel rezoning applications, attendance at a DRC meeting is not required.
3. The zoning administrator shall distribute the application to DRC and compile all its findings and recommendations into one (1) consolidated report. Said findings and recommendations shall be based on the DRC review of the application and transmitted to city council.
b. Site plan district parcel rezoning applications.
1. Upon receipt of a complete application, the zoning administrator shall assign a tentative public hearing date.
2. For site plan district parcel rezoning applications, the applicant or assigned agent shall be required to attend a DRC meeting, which shall be held approximately thirty (30) days following the application filing date.
3. Final site plan is due to the zoning administrator no later than thirty (30) days following the scheduled DRC meeting date. The zoning administrator will redistribute the revised site plan to the DRC for any final comments to be incorporated into the consolidated report.
If the final site plan demonstrates substantial revision(s) from the site plan reviewed by DRC, the zoning administrator shall reassign the application to the next available public hearing date, as defined in subsection (b)(4)d. below. If necessary, a new DRC meeting may be held. For purposes of this section, the zoning administrator shall deem a substantial revision to exist where:
i. There is an increase of greater than five (5) percent in the total number of dwelling units; or,
ii. There is an increase of greater than five (5) percent in the total floor area for non-residential and/or mixed use developments; or,
iii. There is a decrease of five (5) percent or more of the acreage set aside for open space (unpaved); or,
iv. There is a modification in the original design concept/site layout, such as a substantial change in relationships among land uses, addition of a permitted use not shown in the initially reviewed site plan, substantial change in traffic pattern or points of ingress or egress, and/or an increase of ten (10) percent in total external traffic generation based on previously submitted traffic generation figures; or,
v. There is a change in design and location of the proposed stormwater facility that negatively impacts a surrounding residential neighborhood; or,
vi. There are either cumulative or concurrent sub-threshold changes proposed that require review by two (2) or more DRC member agencies.
4. The zoning administrator shall distribute the application to DRC and compile all its findings and recommendations into one (1) consolidated report. Said findings and recommendations shall be based on the DRC review of the final site plan and transmitted to city council.
c. Transportation analysis (when required).
1. Prior to submittal of the application for rezoning, the applicant shall be required to meet with the transportation division, in order to define the appropriate methodology for the analysis.
2. The analysis is due upon submittal of the application and the transportation division shall have a minimum of thirty (30) days to review any analysis submitted in support of the application. Any revisions to an analysis may require additional review time beyond the initial thirty (30) day review period, unless otherwise determined by the director of public works.
d. If the applicant fails to comply with any of the requirements as set forth in subsection (4) above, or submits a final site plan that demonstrates substantial revision(s), the zoning administrator shall reassign the application to the next available public hearing date. For purposes of this subsection, "available public hearing date" means an agenda item position, on an evening city council agenda, that is open and available per city council's adopted rules of procedure.
City council, per "City Council Rules of Procedure," may elect to add additional agenda item positions on any evening city council agenda, or may allow a position to be added on a day city council agenda. In this event, the zoning administrator may adjust the public hearing date for any application, so long as that application complies with the public notice requirements of section 27-149 and the final site development plan deadline per subsection (b)(4)b. above.
(5) Adoption by city council.
a. First reading public hearing. The first public hearing shall be held concurrent with the first reading of the rezoning ordinance ("first reading public hearing"). If no revisions are required to the site plan, then city council shall proceed pursuant to subsection (5)a.3. below. If revisions to the site plan are required, the following provisions apply:
1. Minor site plan revisions. If any minor revisions to the final site plan are necessary as a result of issues identified prior to or during the first reading public hearing, then those minor revisions shall be clearly articulated and approved by city council prior to the close of the first reading public hearing. Said approval thereby directs the applicant to correct those identified minor revisions prior to the second reading public hearing. Once the public hearing is closed, city council may read the ordinance, by title, for approval on first reading, and the following actions shall occur:
i. The revised final site plan with the approved minor site plan revisions shall be submitted to the zoning administrator no later than the end of business on the seventh (7th) calendar day prior to the second reading public hearing.
ii. If the applicant fails to comply with the submittal deadline in subsection (5)a.1.i. above, then the second reading public hearing shall be continued a minimum of two (2) weeks or city council may consider the application based upon final site plan submitted to the zoning administrator.
For the purposes of this section, minor site plan revisions shall consist of those text and/or graphical changes to the site plan, which do not exceed the minimum thresholds set forth in the subsection (4)b.3. above.
2. Substantial site plan revisions. If any substantial revisions to the final site plan are necessary as a result of issues identified prior to or during the first reading public hearing, then the first reading public hearing shall be continued a minimum of four (4) weeks, and the following actions shall occur:
i. The revised final site plan containing the substantial revisions shall be submitted to the zoning administrator no later than the end of business on the twenty-first (21st) calendar day prior to the continued first reading public hearing.
ii. If the applicant fails to comply with the submittal deadline in (5)a.2.i. above, then the continued first reading public hearing shall be continued a minimum of two (2) weeks or city council may consider the application based upon final site plan submitted to the zoning administrator.
For the purposes of this section, substantial site plan revisions shall consist of text and/or graphical changes, which exceed the minimum thresholds set forth in the subsection (4)b.3. above, or city council determines that additional time is necessary for further information to be presented to city council.
3. First reading. Upon the close of the first reading public hearing, city council shall either:
i. Read the rezoning ordinance by title only; or
ii. Vote to deny the application.
b. Second reading public hearing. A second public hearing shall be held concurrent with second reading ("second reading public hearing"). The second reading public hearing shall be held no earlier than two (2) weeks following the first reading public hearing. Prior to the close of the second reading public hearing, the zoning administrator shall present the certified site plan to city council.
A certified site plan shall mean a site plan, which is stamped by the zoning administrator as the (revised) final site plan that includes all text and/or graphic revisions approved by city council at the first reading public hearing. Upon close of the second reading public hearing, city council shall either:
i. Read by title only and approve the rezoning ordinance; or
ii. Vote to deny the application.
c. The chairman of the city council and city clerk shall date and endorse the adopted, certified site plan, and the certified site plan shall be incorporated by reference into the ordinance and filed as a part of the official zoning records of the City of Tampa.
(c) Compliance with Tampa Comprehensive Plan. No application for rezoning shall be accepted for filing by the zoning administrator unless the subject property is located completely within a Tampa Comprehensive Plan land use classification that allows consideration of the requested zoning district. This review shall be based upon the adopted Tampa Comprehensive Plan. The zoning administrator may receive and process a rezoning application where the applicant establishes that a land use plan amendment is presently being processed by the appropriate land planning agency, which amendment, if approved, would allow consideration of the requested zoning district. However, the rezoning application may not be adopted until thirty (30) days after the land use plan amendment is adopted. Any fees paid by the applicant to process the rezoning application are forfeited should the subject amendment fail to be adopted by the city council.
(d) City council shall approve or deny an application for rezoning within one hundred eighty (180) days of the applicant submitting their application to the zoning administrator. City council may, for good cause shown, extend this period a maximum of thirty (30) days. Further extension of time may be granted by city council, only upon finding of extenuating circumstance(s). Any application that has not been set for public hearing within one hundred eighty (180) days of submittal to the zoning administrator shall be deemed withdrawn and shall be subject to section 27-150, unless the scheduling delay is a result of administrative error.
(Ord. No. 2019-54, § 23, 4-18-2019; Ord. No. 2022-3, § 3, 1-13-2022)