Fort Walton Beach Council agenda — 01-24-12 special ldc — reading text

makes the final decision as set forth in Section 9. 01. 01. B. The compliance report shall document consistency of the proposed action with this LDC, the Comprehensive Plan, and other ordinances or technical codes. The report shall include a recommendation for approval, denial, or where applicable, assigning conditions to an approval. C. The compliance report shall include information that all required notice has been provided. The application documents and compliance report shall be provided to the applicable decision -making entity. 9.01. 06 Procedures for Recommendations by the Local Planning Agency ( LPA) A. The LPA shall hold a quasi -judicial hearing as set forth in Section 9. 06. 00 and shall consider and provide recommendations to the City Council on applications for amendments to the Comprehensive Plan, amendments to this LDC, PUDs, rezoning, and such other matters as may be assigned by the City Council. B. The City staff shall provide application documents and the compliance report to members of the LPA according to the City' s schedule of public hearings. C. The LPA shall hold a public hearing for each application and prepare a recommendation which shall be forwarded to City Council for consideration at the next available public hearing. 9. 01. 07 Procedures for Actions by the City Council A. The City Council shall consider all applications as set forth in Section 9. 01. 01. B. The City staff shall provide application documents, applicable reports from staff, and recommendations from LPA as described in Section 9. 01. 06 to City Council members. C. Notice shall be provided as set forth in Section 9. 04. 00 and an agenda prepared and posted at the Fort Walton Beach City Hall. D. Where a quasi -judicial hearing is required, procedures for conduct of the hearing shall be followed as set forth in Section 9. 06.00. E. When the application is for rezoning, the City Council shall approve or deny the application. All other applications may have conditions attached to the approval. When approved or approved with conditions, a development order shall be issued. 112ge9 - II) December 15, 2011 Vrlminish' ati. e Procdmis Packat Pg 175  3. 1. a t1NAI. Cod, Fart w Aon Wach When the application is denied, a written decision shall be provided to the applicant within five (5) days following the hearing describing the reasons for denial. F. When an application for rezoning is denied, a new application for the same rezoning of the same property shall not be considered within twelve ( 12) months following the date of denial. 9. 01. 08 Requests for Continuation of a Public Hearing A. An applicant may request, in writing, a continuation of a public hearing regarding his application. B. If the written request for a continuation is received at least five (5) business days prior to the public hearing at which the application is scheduled to be heard, the applicant' s request for a continuation will be automatically granted. An applicant shall be limited to one ( 1) such automatic continuation. Further requests for a continuation shall be considered and granted only upon a demonstration by the applicant of good cause for such continuation. C. if the written request for a continuation is received less than five ( 5) business days prior to the public hearing at which the application is scheduled to be heard, the entity holding the hearing will consider the request for a continuation and shall only grant such request upon a demonstration by the applicant of good cause for such continuation. D. Where the grant of a continuation results in the provision of additional notice, the costs associated with such notice shall be paid by the applicant prior to rescheduling the public hearing. If a public hearing is continued on the record, at the scheduled public hearing, to a date and time certain, no additional notice shall be required. 9. 01. 09 Withdrawal of Pending Applications An applicant may withdraw an application at any time prior to issuance of a final decision. The applicant shall provide written notice of the withdrawal to the City at least five ( 5) business days prior to the public hearing at which the application is scheduled to be heard. When written notice of withdrawal is received less than five ( 5) business days prior to the public hearing, the application will be considered denied, and the same, or substantially same application, shall not be considered for twelve ( 12) months following the public hearing at which the application was scheduled to be heard. 9. 02. 00 APPLICATION REQUIREMENTS 9. 02. 01 Generally This section provides information regarding all types of applications and the submittals required for review of applications. The types of applications are described in Section 9. 01. 01. The procedures for reviewing applications, holding required public hearings, and rendering decisions are set forth in Sections 9. 01. 00 and 9. 06. 00. 9. 02. 02 Submittal Requirements for All Applications This section is intended to describe the submittal requirements applicable to all applications, except applications to amend this LDC and to amend the Comprehensive Plan. It is specifically the intent of the City to avoid duplication by providing a basic application to be supplemented by additional information for a specific type of application. Such additional December I5, 2011 idrninistratiae I' nxednres 1' zp, 9 - I I Packet Pg. 176  F3 1.. a Port P altnn Ii' aen tIN %L Iam) Deniopmcm Code information is described in Sections 9. 02. 03 through 9. 02. 13. A. Each application shall contain the following information: 1. An application form available from the City. 2. The name, address, telephone number, facsimile number, email address, and signature of the applicant. If any applicant is a business entity such as a partnership, corporation or joint venture, the names and business addresses of all partners and officers, as appropriate, and telephone numbers. 3. A copy of the deed or deeds conveying the subject property to the current owner. 4. The recorded ownership interests, including liens, title certification, encumbrances, and the nature of the applicant' s interest if the applicant is not the owner. 5. A property survey containing the legal description, land area, and existing improvements on the site. The survey shall be signed and sealed by a surveyor licensed in the State, and shall have been performed not more than five ( 5) years prior to the date of application. For applications limited to permits for accessory structures, a City- approved alternative to the property survey may be submitted. 6. Proof of payment of applicable fees. 7. Stamped envelopes addressed to the owner of each property within 200 feet of the site proposed for a development order, in compliance with the notice requirements of Section 9. 04. 00. B. An application regarding development within or affecting environmentally sensitive lands ( see Chapter 3) shall include proof of submitting applications for all applicable permits or exemptions from regional, State, or Federal agencies with permitting authority for such lands. C. One ( 1) electronic copy and one ( 1) hard copy of all application documents shall be submitted. 9. 02. 03 Submittal Requirements for All Applications Which Require Site Development Plans, Subdivision Plats, or Drawings A. All site development plans, subdivision plats, and drawings for an application shall be prepared at the same scale. B. Digital submissions of site development plans, subdivision plats, and drawings are required. All layers that compose the plan or plat shall be visible ( turned on and not frozen). All other layers that are not part of the submittal shall be frozen. C. All site development plans and drawings accompanying an application for development approval shall be prepared and certified by a land surveyor, landscape architect, architect, or engineer licensed by the State of Florida. Subdivision plats shall be prepared and certified by a land surveyor or engineer licensed by the State of Florida. Such plans, plats, and drawings shall contain the following information, unless the applicant justifies that the information is not applicable to the application: 1. The name, address, telephone number, facsimile number, and email address of the person preparing the plan, plat, or drawing. 2. The date of preparation and date( s) of any modifications. 3. A north arrow and a written and graphic scale. 4. A vicinity map showing the location of the property. 5. The name, plat book, and page number of any recorded subdivision within or dminkf[rtice. Procedures Page9 - 12 December I i. 2011 PacksE Pg. 177  3. t. a Fort wAIU'. It, ." h IIN kL I- au l Development ( -ude adjacent to the site. 6. Information regarding existing development on adjacent properties: 7. Location of any protected historical or archaeological resources. 8. Location of utilities, utility service, connections to existing utility facilities, sewer lines, water mains, culverts, fire hydrants, and easements necessary to provide access for maintenance or other activity. 9. Where development is proposed in phases, the plans