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

1) percent of the maximum volume at the adopted level of service of the affected transportation facilities as determined by the City, utilizing the most recent table of the generated two -way peak hour volumes in the Florida Department of Transportation ( FDOT) Level of Service Handbook, shall be considered de minimis regarding the transportation level of service. No impact shall be deemed to be de minimis if the sum of existing roadway volumes from approved projects on a transportation facility would exceed 110 percent of the maximum volume at the adopted level of service of the affected transportation facility, or if the impact would exceed the adopted level of service standard for any affected designated hurricane evacuation route. 9. 03. 05 Strategies to Rectify a Lack of Concurrency Where available capacity cannot be demonstrated and a certificate of concorrency has been denied, the following methods may be used to maintain adopted level of service: A. The applicant may provide the necessary improvements to maintain level of service. In such case the application shall include appropriate plans for improvements, dminish-athe Procedures Page V - 21 Oecemher l5, 2011 Packet Pg. 188  3. 1. a Fun Walton 6rnch FINAL land Ito clownent Cud, documentation that such improvements are designed to provide the capacity necessary to achieve or maintain the level of service as required in Section 9. 03. 03, and recordable instruments guaranteeing the construction, consistent with determination of concurrency as set forth in Section 9. 03. 03. B. The proposed project may be altered such that the projected level of service is no less than the adopted level of service. C. The construction of any development project may be phased or staged so as to coincide with the phased or staged construction of infrastructure facilities so that the levels of service for such facilities are maintained upon completion of each phase or stage of the development project. 9. 04. 00 NOTICE REQUIREMENTS 9. 04. 01 Generally A. The City Council, Local Planning Agency, Board of Adjustment, and other boards implementing requirements of this LDC shall provide public notice of meetings and hearings pursuant to the requirements of State law and the provisions of this section. B. Published notice shall be provided for the applications listed below. 1. Amendments to the Comprehensive Plan; 2. Amendments to site development plans; 3. Amendments to this LDC; 4. Appeals of administrative decisions; 5. Development Agreements; 6. Expansion or modification of nonconformitics; 7. Preliminary or final subdivision plats; S. Rezonings; 9. Site development plans; 10. Vacations; and 11. Variances. C. In addition to published notice, posted notice shall be provided for applications involving a specific property. However, posted notice shall not be required for building permits. D. A proposal by the City to rezone less than ten ( 10) contiguous acres of land shall include mailed notice to the property owner of the parcel or parcels proposed for rezoning, in addition to published and posted notices. E. All notices shall include the following information, unless otherwise specified in this LDC a. The name of the applicant; b. The location of the property for which an application has been submitted; c. The nature of the approval sought by the applicant; d. The date, time, and place of any applicable public hearings on the application; e. The location where the application, supporting documentation, compliance reports, and other information can be inspected or obtained; and f. A statement that interested parties may appear at the hearing and be heard with respect to the application. F. Where a proposed development will be considered at multiple public hearings or require two ( 2) or more separate applications, required notices may be combined into x( ho nistrad' e Procedures Vane 9 - 22 Deeernher 157 2011 Packet Pg. 187  3. 1. a I IN %I I, .... I lk rclnpmrnt Code a single notice, provided that such notice includes all dates of public hearings and all proposed actions. G. Specific additional information regarding a proposal to vacate a right -of w - ay shall include a general description of the obligations that may accrue to adjacent property owners upon approval of the vacation. H. The City website shall contain information regarding scheduled pre -application conferences, received and pending applications, issuance of development orders, and a calendar of regular meetings and hearings for consideration of applications. All conferences, meetings, and hearings are open to the public. 9. 04. 02 Published Notice Requirements A. Where an ordinance is required for enactment of the application decision, the published notice shall comply with the requirements of Section 166. 041, F.S. B. Where an ordinance is not required for approval or denial of an application, a notice shall be published in a newspaper of general circulation in the City at least ten ( 10) days prior to the public hearing at which the application will be considered. In addition, the notice shall be posted on the City' s website at least ten ( 10) days prior to the public hearing. C. The costs of publishing notice shall be paid by the applicant. Payment of such costs shall be made prior to scheduling any required public hearing. 9. 04. 03 Posted Notice Requirements A. A notice of a public hearing for consideration of an application shall be posted in a conspicuous place at the Fort Walton Beach City Hall at least seven ( 7) days prior to the date of the public hearing. B. The applicant shall post a sign on the property that is the subject of an application. The applicant may elect to pay a fee to the City for City staff to perform the required posted notice. The sign shall comply with the following requirements: L One ( 1) sign shall be provided for each abutting right -of -way and shall be clearly visibly on each portion of the property that fronts a right -of w - ay. 2. The sign( s) shall be a minimum of two ( 2) s. f. in area. Lettering on the sign shall be large enough to be legible to motorists. 3. The signs) shall include only the following information: the action proposed and the date, time, and place of the public hearing for consideration of the application. 4. The signs) shall be posted at least ten ( 10) business days prior to the date of the public hearing. 5. The applicant shall provide photographic documentation of the signs) at least five (5) days prior to the public hearing. 6. The signs) shall be removed not later than five ( 5) business days following the public hearing. C. Failure to maintain or replace the sign( s) shall not affect the jurisdiction of the reviewing board or decision- making entity to consider the application or the validity of any resulting decision. 9. 04. 04 Mailed Notice Requirements When an application has been determined complete as set forth in Section 9. 01. 03, mailed daunist, Ake Proved u rce Pacc9 - 23 Dec", he.. 15, 21111 Packet Pg. 188°  F31. Fort V Atno Ii, acl. 1 IN ,It. 1 : md ! leerIo no, t Code notice shall be provided to all property owners within 300 feet of the property that is the subject of the application. Mailed notice is not required for amendments to this LDC or other applications that do not affect a specific property. Notices shall be mailed within five ( 5) business days following the determination that an application is complete. The applicant shall be responsible for providing proof to the City that mailed notice has been provided in compliance with the requirements in this section. As an alternative, the applicant may pay a fee to the City for City staff to provide the mailed notice. 9. 05. 00 RESERVED 9. 06. 00 QUASI- JUDICIAL HEARINGS 9. 06. 01 Procedures Regarding Ex Parte Communication A. A member of a decision- making entity shall not willfully participate in an ex parte communication regarding a pending application. B. All ex parse communications shall be disclosed. 9. 06. 02 Conduct of Hearings u A. The hearing shall be conducted in a manner to protect the due process rights of the applicant and any affected parties. A B. All testimony presented by the applicant, any affected parry, any witness for any parry, or the staff ( other than legal advice given by the City Attorney) shall be provided under oath. C. The applicant, any affected party, and the staff may cross -examine any person presenting information at the hearing. w D. An electronic record shall be made of the hearing. E. Members of the general public may provide comment during the hearing. If a W member of the general public desires his or her testimony to be considered as potential competent substantial evidence, such person shall be placed under oath and