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Agenda Item: 14(B) |
Prepared By: Daniel J. Smith, AICP, Director |
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Business: Ordinance - First Reading |
Department: Community Affairs/Growth Management |
Subject:
Title
Ordinance - First Reading - Change to Section 30-62 - Amendment Procedures, Sub-Section(f)(s), Public Notice Procedures, Replacing Certified Mail as a Requirement for Public Notice to First Class Mail in the Land Development Code (LDC) - Daniel J. Smith, AICP, Director, Community Affairs/Growth Management Department
Body
DESCRIPTION:
The applicant, the City of Marco Island, is requesting a text change to remove Certified Mail as a public notice requirement for Variances, Conditional Uses, and Neighborhood Information Meetings (“NIM”), to First Class Mail. This change was requested by the City Council and was one of the recommendations in the Ad Hoc Business Development Committee Report.
Florida law does not require notification via Certified Mail, nor is it a requirement of the City’s Comprehensive Plan. The Comprehensive Plan only requires opportunities for public input.
PLANNING BOARD SUMMARY AND RECOMMENDATION
The Planning Board held a public hearing and considered this request at their August 1, 2025 meeting. There was discussion regarding the cost of certified mail, the need to insure notice to all condominium owners, proof of mailing, layers of notice, i.e., signs on the property, agendas posted on the City’s website, and a suggestion of emailing notices. After discussion, the Planning Board voted 6-0, recommending the City Council approve the proposed ordinance, with the following finding:
1. The amendment is consistent with the Comprehensive Plan, and in particular, Future Land Use Element Objection 1.1, Policy 1.1.4.
FUNDING SOURCE / FISCAL IMPACT: N / A
PUBLIC NOTICE REQUIREMENTS: N / A
NOTICE APPEARANCE DATE(S): N / A
RECOMMENDATION: Approval of Ordinance 25-08.
POTENTIAL MOTION: Approve Ordinance 25-08 on first reading.