Fort Walton Beach Ordinance — 1785 extend expiration development orders — reading text

ORDINANCE 1785 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, TEMPORARILY PREEMPTING SECTION 13. 202. D ( AI KIA 13. 20. 1) DEVELOPMENT ORDER AND BUILDING PERMIT GUIDELINES AND SECTION 13. 312. H ( AIKIA 13. 30. 12. H), EXPIRATION OF APPROVAL, OF THE LAND DEVELOPMENT CODE TO EXTEND VALIDITY OF CURRENT DEVELOPMENT ORDERS TO MARCH 30, 2012; PROVIDING THAT THIS ORDINANCE SHALL NOT BE CODIFIED; AND PROVIDING AN EFFECTIVE DATE AND SUNSET PROVISION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: SECTION 1. AUTHORITY & INTENT A. The authority for the enactment of this ordinance is pursuant to Section 2 of the City Charter of the City of Fort Walton Beach. B. The Municipal Planning Board, sitting as the Local Planning Agency, held a public hearing and considered this ordinance on May 7, 2009. The City Council conducted public hearings on April 14, 2009, and May 26, 2009, after giving due public notice. C. Pursuant to the Land Development Code, development orders are valid for twelve to twenty four months and, upon recommendation of the Community Redevelopment Agency or the Municipal Planning Board, may be renewed for one additional year. An application fee is charged for requesting an extension of a development order. If a development order is not extended, it will expire and a developer or owner will be required to begin the site review process again. D. The City Council finds that as a result of a downturn in the economy, developers and owners are limited in their ability to obtain adequate financing for their projects and have stated that they are unable to commence development due to the current economic situation. At the time of this ordinance, there are seven pending development orders, as referenced in Exhibit A, that, if not extended, will expire in the next year. If these development orders expire, the developer or owner will incur significant costs to start again the development review process. E. Therefore, the City Council finds that any further reduction in the number of new developments will adversely effect jobs and the economy of the City of Fort Walton Beach. The City Council finds it is in the best interests of the citizens and the economy of Fort Walton Beach to extend current valid development orders until March 30, 2012. SECTION 2. EXTENSION OF CURRENTLY PENDING DEVELOPMENT ORDERS The City Council hereby extends until March 30, 2012, the validity of any development order, including site plan approvals, certificates of concurrency, conditional uses, planned unit development plans and preliminary and final development plats, that will otherwise expire during the calendar years of 2009 and 2010, regardless of whether an extension of the development order has been previously granted.  SECTION 3. TEMPORARY PRE- EMPTION OF CODE PROVISIONS To the extent of conflict caused by the passage of this ordinance, this ordinance shall temporarily pre- empt the provisions of section 13. 202. D ( a/ kJa 13. 20. 1) Development Order and Building Permit Guidelines, and section 13. 312. H ( a/ kJa 13. 30. 12. H), Expiration of Approval, as those provisions apply to the expiration of pending development orders. Otherwise, all other provisions of the Land Development Code shall apply. SECTION 4. ORDINANCE NOT TO BE CODIFIED This ordinance shall not be included or incorporated into the Land Development Code because of its temporary nature. SECTION 5. EFFECTIVE DATE; SUNSET PROVISION This Ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. Unless readopted by the City Council, this ordinance shall be repealed as of April 1, 2012. 2009. Mike Anderson, Mayor Attest: Approved for form and legal sufficiency. b~ New language is underlined. Deleted language is stricken. DISPOSITION 2 Atty drft  EXHIBIT A Status of Site Plans: March 2009 Project Address Status Joe & Eddies Mixed- Use An amendment to the site plan was approved Bldg. 206 Florida Place SE on 9/ 25/ 07. An extension was approved on 05- 09- SP 8/26/ 08 through 9/25/ 09. AltaVista Condominium A second extension of the development order 06- 01- SP was granted 3/ 25/ 08. Request for a third 12 220 Miracle Strip Pkwy SW month extension approved by CRA on 03/04/09. Alconese Terrace Condos Phase I approved ( will need to go back to 06- 03- SP CRA and City Council for Phase II). A second extension of the development order was 107/ 109 Brooks St. SE granted 3/ 25/ 08. Staff has received a request for a third 1-2 month extension that will be presented to City Council on 03/ 24/ 09. CRA recommended approval on 03/ 04/09. First Baptist Church Parking 26 First Street SE Site plan approval granted on 4/24/ 07. City at First and Harbeson Council approved an extension on 4/22/08. 06- 19- SP Landmark Center 07 -02- SP 206 Perry Avenue Site plan approval granted on 8/ 14/ 07. City Council approved a development agreement on 12/11/ 07. An extension to the development order was approved by City Council on 8/ 12/ 08. Sunrise on the Sound 14 Miracle Strip Pkwy Conditional Use approved 3/ 6/08. City 08- 02- SP Council approved the site plan on 4/ 22/ 08. Application for extension of time for the conditional use permit has been received. No request to extend the development order for the site plan has been received to date, but has been requested bv staff. Harbour Place Apartments 7, 8, 9 Bobolink Application submitted 6/ 11/ 08; CRA and Marty Lackey " Fresh" recommended approval of the site plan Start Center application and development order on 9/ 3/ 08. 08- 03-SP Council approved the recommendation on 9/ 23/ 08. Active Building PermitlUnder Construction for Harbour Place apts onlv. 29-