Fort Walton Beach Council agenda — 06-11-13--regular — reading text

amc Construction Engineering and E Inspection (CEI) FY: 2011 - 2012 nna FY 2012 -2013 FY: 2013 -2014 FY: FY' FY: 2014 -2015 2015 -2016 2016 -2017 NaaJ c Total CEI Cost 0. 00 0. 00 0. 00 0. 00 0.00 zEE Total Construction & CEI Costs 9163, 611 .00 55 306. 0 218 99]. 00 0. 0 218 99]. m TOTAL COST OF THE 5780. 060. 00 555. 306. 00 5235. 366.00 0. 00 4235. 366. 00 Q PROJECT  11 . 2.. 521/ 1/ 31 PRODUCTION SIIPPOR 19' 11 r O1" 1 N  F- 1 1- 2.7 5 ""' az PRODUCTION SUPPORT 09111 SUPPLEMENTAL NO. STATE Or FLORIDA DEPARTNENTOi TRANSPOaTA710N FPN LOCAL AGENCY PROGRAM t 428097- 138 -01 & 428091- 1 - 58 -01 SUPPLEMENTAL DUNS NO CONTRACT NO AGREEMENT IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY City of Fort Walton Beach STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By:Name: Jason D. Peters, P.E. By: Name: Title: Title: Director of Transporation Development Attest: Name: Title: Title: Name: Dale: Legal Review See attached Encumbrance Form for date of funding approval by Comptroller.  12. 1 Adlikk Local Planning Agency LOCAL PLANNING AGENCY qV MEMORANDUM To: Michael D. Beedie, City Manager From: Stella Jones, Planner Date: June 11, 2013 Subject: 1877 Amends LDC to Dissolve BOA and Transfer Responsibilities to LPA 1. BACKGROUND I. I. Since the adoption of the 2012 Land Development Code, the responsibilities of the Local Planning Agency ( LPA) and the Board of Adjustment ( BOA) have been significantly reduced. 1. 2. After several discussions, the Local Planning Agency requested from Staff at their May 2, 2013 meeting a draft ordinance transferring the duties and responsibilities of the Board of Adjustment to the Local Planning Agency, effectively dissolving the Board of Adjustment as a separate board of the City of Fort Walton Beach. 1. 2. 1. Staff drafted Ordinance 1877 to accomplish this initiative. 2. DISCUSSION: 2. 1. In order to effectively dissolve the Board of Adjustment and transfer their responsibilities to the Local Planning Agency, text amendments are required to three 3) chapters of the City' s Land Development Code. 2. 1. 1. The changes to Chapter 1 of the LDC include addressing the text describing the powers and duties of the Board of Adjustment. This section will be deleted and the duties will, in turn, be added to those of the Local Planning Agency. 2. 1. 2. In Chapter 8, all of the text that currently says " Board of Adjustment" or BOA" will be replaced with " Local Planning Agency" or " LPA." 2. 1. 3. In Chapter 9, changes to the Review table clarify that the Local Planning Agency will now have the final decision on applications to expand or modify nonconformities, appeals of administrative decisions, and variances. 2. 2. Text amendments to the following sections of the LDC remove all references to the BOA and transfer their responsibilities to the LPA: 2. 2. 1. Chapter 1 - General Provisions 2. 2. 1. 1. Section 1. 06. 03, Local Planning Agency ( LPA) 2. 2. 1. 2. Section 1. 06.04, Board of Adjustment ( BOA) 2. 2. 1. 3. Section 1. 08. 01, List of Acronyms 2. 2. 2. Chapter 8 - Variations from Standards in the LDC 2. 2. 2. 1. Section 8. 00. 01, Waiver of Standards Pertaining to Metal Buildings DOC In 2357 Page 1  F- 1217 ORDINANCE 1877 2. 2. 2. 2. Section 8. 01. 07, Expansion or Modification of Detrimental Nonconformities 2. 2. 2. 3. Section 8. 02. 02, Required Findings for a Grant of Variance 2. 2. 2. 4. Section 8. 02. 03, Procedures for Variances 2. 2.2. 5. Section 8. 02. 04, Appeal of Board of Adjustment Decisions 2. 2. 2. 6. Section 8. 02.06, Specific Requirements for Variances in Areas of Flood Hazard 2. 2. 2. 7. Section 8. 03. 01, Applicability 22.2. 8. Section 8. 03. 03, Filing an Appeal of an Administrative Decision 2. 2.2. 9. Section 8. 03. 04, Stay of Work 2. 2. 2. 10. Section 8. 03. 05, Procedures for Consideration of an Appeal of an Administrative Decision 2. 2. 2. 11. Section 8. 03. 06, Appeal of Board of Adjustment Decisions 2. 2. 2. 12. Section 8. 04. 03, Procedures for Administrative Waivers 2. 2. 3. Chapter 9 - Administrative Procedures 2. 2. 3. 1. Section 9. 01. 01, Types of Applications 2. 2. 3. 2. Section 9. 04. 01, Notice Requirements 3. RECOMMENDATION: 3. 1. Staff respectfully recommends the Local Planning Agency forward a recommendation to City Council to adopt Ordinance 1877 to amend the LDC to dissolve the Board of Adjustment and transfer their responsibilities to the Local Planning Agency. ATTACHMENTS: Chapter I Text Amendments DOCX) Chapter 8 Text Amendments DOCX) Chapter 9 Text Amendments DOCX) SIGNATURE BLOCK: Stella Jones Completed 05/ 24/ 2013 9: 56 AM Tim Bolduc Completed 05/ 28/ 2013 7: 31 AM City Attorney Completed 05/ 28/ 2013 10: 56 AM City Manager Completed 05/ 29/ 2013 8: 44 AM Local Planning Agency Pending City Council Pending  1 z. 1 ORDINANCE 1877 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING CHAPTERS 1, 8, AND 9 OF THE LAND DEVELOPMENT CODE IN ORDER TO DISSOLVE THE BOARD OF ADJUSTMENT AND ASSIGN ADDITIONAL DUTIES AND RESPONSIBILITIES TO THE LOCAL PLANNING AGENCY; AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: THE LAND DEVELOPMENT CODE OF THE CITY OF FORT WALTON BEACH IS AMENDED AS FOLLOWS: Section 1. Authority and Intent The authority for enactment of this ordinance is contained in Chapter 166. 021, 163. 3202, and other provisions of the Florida Statutes and section 2 of the City Charter. Section 2. Amendment of Chapter I Sections 1. 06. 03, Local Planning Agency ( LPA), 1. 06. 04, Board of Adjustment ( BOA), and 1. 08. 01, List of Acronyms, of the Land Development Code, are hereby amended as depicted in the attached strike -through/ underline exhibit, " Chapter One - General Provisions." Section 3. Amendment of Chapter 8 The following sections of the Land Development Code are hereby amended as depicted in the attached strike- through /underline exhibit, " Chapter Eight - Variations from Standards in the LDC Section 8. 00. 01, Waiver of Standards Pertaining to Metal Buildings Section 8. 01. 07, Expansion or Modification of Detrimental Nonconformities Section 8. 02. 02, Required Findings for a Grant of Variance Section 8. 02.03, Procedures for Variances Section 8. 02.04, Appeal of Board of Adjustment Decisions