Fort Walton Beach Council agenda — 11-23-2010 Regular — reading text

financial liability and " unreasonable" hazard. Vague, undefined terms can lead to claims of arbitrary and capricious requirements because the standard can easily be defined differently for applicants with similar proposals. 4. Section 13. 20. 1. 0 — the last sentence requires proof of permits or exemptions prior to a development order. Should this also include building permits? 5. Section 13. 21. 1 — is a development plan an application for a development order? 6. Section 13. 21. 2 — is a site plan the same as a development plan? ( Consistent terminology should be used throughout). 7. Section 13. 21. 3. A —recommend a time limit for the determination of completeness and that the notification to the applicant be in writing. In light of the fact that applications are not accepted without a fee, what happens to the fee when an application is returned? It is recommended that this section be expanded to allow a notification to the applicant of deficiencies, a time period to correct deficiencies, and that the application and fee be returned at the end of that time period if the deficiencies have not been corrected. It should Page 120 Fort Walton Beach Evaluation and Diagnosis Preliminary Review of the LDC Land Development Me also be clarified that the deficiency is in the submittal package, and is not a deficiency in meeting required standards. 8. Section 13. 21. 3. B — is expedited review a two-step process? First, an application for expedited review is made, with a determination by the DS Director that expedited review is appropriate. Second, an application for building permit is submitted. It appears that this is the case; if not, the section should be revised for clarity. 9. Section 13. 21. 3. B.2 — in light of the fact that an expedited review goes through the site plan process, what is it about this review process that is expedited? In an earlier section, it is indicated that expedited reviews skip to the building permit application, whereas this section includes site planning. 10. Sections 13. 21. 3. 0 and D — a proposed project consisting of one or two townhouse units is minor and a multi-family project with five or more units is major. Where does a townhouse project with three or four units fit? Although not specified in Chapter 13, Chapter 16 Section 16. 54. 1) establishes that three or more townhouse units are considered a major development. 11. Section 13. 21. 3. 0 — major developments must satisfy criteria for exempt developments. What is an exempt development? 12. Section 13. 21. 4. A —what are exempt developments? This section indicates that site plans for exempt development are not required to be certified and then refers to boundary surveys. According to State law, a boundary survey must be prepared by a registered land surveyor. This section should be clarified so that it is clear that the boundary survey is not exempt from certification. 13. Section 13. 21. 4. B — does this mean that once a site plan is amended, subsequent amendment continues to be reviewed in light of the original, not the latest amended and approved site plan? 14. Section 13. 21. 4. 0 — is this provision consistent with the requirements in the Florida Building Code regarding modifications to a project after the permit is issued? 15. Section 13. 21. 4. E — do the MPB and the CRA approve or make recommendations? It is not clear. 16. Section 13. 21. 5 — this section is inconsistent with Section 13. 10. 2. 1) which authorizes partial refunds. 17. Section 13. 21. 6 — this section duplicates, in part, Section 13. 10. 2. A, and conflicts with Section 13. 10. 2. 0 which requires payment prior to commencement of processing rather than prior to issuance of a development order. 18. Section 13. 21. 8 — the right of entry is indicated to include " after the development." Does the right of entry ever expire? 19. Section 13. 21. 9 — as written, this section requires a master plan for any project that will build out over more than one year. What is a conceptual site plan? There are no criteria for a conceptual site plan. 20. Table 13 -1 is not consistent with the text. Either state which is controlling, table or text, or revise text or table or both for consistency. 21. Table 13- 2 is not consistent with the text. Either state which is controlling, table or text, or revise the text or table or both for consistency. 22. Table 13- 2 does not include a requirement for submittal of information regarding: density Page 21 Fort Walton Beach Evaluation and Diagnosis Preliminary Review of the LDC Land Development Code location relative to the SPZ, WPZ, or RDZ whether ROW will be dedicated pedestrian facilities in the TCEA whether manufactured homes are proposed compliance of single-family dwellings with required design standards whether the development affects historic preservation whether bonus density is requested compatibility building scale xeriscaping techniques stormwater facilities dedication of public use sites when required location relative to Hurlbert Field clear zones location relative to wellhead protection areas The above are all requirements from the Comprehensive Plan.) 23. Table 13 -2 is confusing in that similar issues are not grouped together. For example, impervious surface is addressed in C. 1 and ground coverage is addressed in C. S. Are these different issues? Soil conditions are addressed in C. 4, while the possibility that soil borings may be needed is in C. S. Physical features of the site are identified in C. 1, CA, C. 5, and C. 6. Manmade features are listed in C. 1, C. 6, and C. B. Some items listed in C. 1 are again listed in C. 5, C. 6, and C. 7. This section should be revised for clarity. 24. Section 13. 30 is entitled " Planning Permit Procedures," while the sections within are Development agreements," " Amendments to comprehensive plan," " Amendments to the code," " Rezoning," " Zoning determination," " Conditional uses," " Temporary uses, Administrative waivers," " Annexation," " Expansion of a nonconforming building or structure" which is actually addressed in Section 13. 50, and " Development in the community redevelopment area." The only actions resulting in a permit are approvals of conditional uses and temporary uses. It is recommended that permit procedures be separated from other procedures for clarity. 25. Section 13. 30.5 pertaining to rezoning states that rezoning means both the initial zoning and a change to the zoning classification of a parcel. It is unusual to define rezoning as the initial zoning classification of land. The list of application information does not include a request for information as to consistency of the requested zoning classification with the Comprehensive Plan. The criteria for approval of a rezoning request do not include consideration of consistency of the requested zoning classification with the Comprehensive Plan. 26. Section 13. 30. 6. 0 requires that the zoning determination include a determination of compliance with " all code provisions applicable to the proposed use." It is not clear how this determination of compliance is different than a determination of compliance when reviewing an application for development approval. This requirement appears to conflict with earlier parts of Chapter 13. 27. Section 13. 30. 7 identifies approval of a conditional use as a development permit process. Does this mean that consideration of a conditional use is not within the major, minor, or expedited review requirements resulting in a development order? Page 122 Fort Walton Beach Evaluation and Diagnosis Preliminary Review of the LDC Land Development Code 28. Section 13. 30. 7. D. 3 requires a sufficiency determination within five days. Is this different from a determination of completeness? Why does a sufficiency determination have a time limit but not a completeness determination for other applications? In light of the fact that applications are not accepted without a fee, what happens to the fee when an application is returned? It is recommended that this section be expanded to allow a notification to the applicant of deficiencies, a time period to correct deficiencies, and that the application and fee be returned at the end of that time period if the deficiencies have not been corrected. It should also be clarified that the deficiency is in the submittal package, and is not a deficiency in meeting required standards. 29. Section 13. 30. 7. E states that an application for a development permit for a conditional use may result in issuance of a development order. There should be clarification between what constitutes a development permit and a development order. 30. Section 13. 30. 7. F seems to imply that compliance with the design requirements for dry storage facilities as a conditional use will result in approval, because the design requirements will " minimize any detrimental effects on neighboring properties." Further, development standards should not be contained in a chapter on procedures. This section also comingles submittal requirements with development standards. 31. Section 13. 30. 7. I allows appeals of a decision regarding a conditional use within thirty days following the public hearing at which the conditional use was considered. In the case of approval of the conditional use, the development order must be recorded within ten days following approval. Should the recordation time be changed to avoid recording a conditional use that is subsequently appealed? 32. Section 13. 30. 12 contains regulations pertaining to proposed development within the CRA. Where the provisions of Section 13. 30. 12 differ from provisions set forth in Sections 13. 20 and 13. 21, which provisions control? For example, Section 13. 30. 12 does not require a pre - application conference, a determination of completeness, or preparation of a master plan