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

r subject to cross -examination. N I. The decision- making entity may question the applicant, other parties, witnesses, and m the City staff at any time during the hearing. U G. The decision -making entity shall render a decision which shall be based upon o competent substantial evidence presented during the hearing. z H. The decision -making entity shall enter a written order which contains findings of fact o and conclusions of law in support of its decision. a I. The decision -making entity' s written order shall be filed with the City Clerk as part of it the official records of the City. 9. 06. 03 Order of Presentations The following order of presentation shall be followed: A. Announcement of the matter for consideration by the chairperson or the Mayor. Evidence that all notice requirements have been met shall be confirmed before continuing with such matter. B. Disclosure by each member of the decision- making entity of any ex parte communications. C. Presentation by the Development Administrator of the Compliance Report regarding Vdnunioratice Procedures 1' apc9 - 23 December 15, 21111 Packet Pgi 189  3. t.a I" n4AW. It, ach Il6At. land IhvAomuem Cock the pending application. D. Presentation by the applicant of evidence supporting the application. The applicant shall bear the burden of demonstrating that the application should be granted. E. Presentation by an affected party, if any, of evidence opposing the application. F. Public comment. G. Rebuttal by the Development Administrator, any affected party, and the applicant. H. Conclusion of the evidentiary portion of the hearing. I. Closing arguments by the Development Administrator, any affected party, and the applicant. J. Deliberation by the decision- making entity. 9. 07. 00 AMENDMENTS TO DEVELOPMENT ORDERS FOR SITE DEVELOPMENT PLANS AND PERMITS 9. 07.01 Amendments to Expedited Development Orders A. Proposed amendments to expedited development orders shall be processed in the same manner as the original application. B. One ( 1) copy of the approved site development plan shall be submitted with the proposed amendments clearly identified. C. If approved, an amended development order shall be issued. 9. 07. 02 Minor Amendments to Major Developments Approved by City Council A. The following situations shall be considered minor amendments to major development orders issued by City Council: 1. A modification to the type and location of landscaping materials, provided that there is no reduction in the required total amount of landscaping material and the landscaping plan continues to comply with the provisions for landscaping set forth in Section 4.08. 00. 2. A minor adjustment in the location of dumpsters, sidewalks, bicycle facilities, sheds, or other accessory buildings, provided that: a. The adjustment does not deviate from the approved location by more than ten 10) percent of the linear distance from the approved location in any direction; b. Such adjustment does not encroach into any required buffer or stormwater management area; c. Such adjustment does not increase the approved impervious surface ratio for the project; and d. The location continues to comply with all standards of this LDC. 3. The addition of a deck, porch, patio, or similar appurtenance, provided that the addition is less than 300 s. f. and the location complies with the requirements for such appurtenances as set forth in Chapters 4 and 5. 4. A minor adjustment in the location and design of parking lots and access drives, provided that: a. Such adjustment does not encroach into any required buffer or other landscaped area; b. Such adjustment does not increase the approved impervious surface ratio for the project; c. Such adjustment does not reduce the number of parking spaces; and W nuoshaloe. Procedures Page9 - 25 December 15, 2011 Packet Pg. 190  3. 1. a I url wu0on Beach I' P, kL 1? nd Develonmcm Cod, d. Such adjustment continues to comply with all standards of this LDC and the Engineering Standards Manual of Fort Walton Beach. B. One ( 1) copy of the approved site development plan shall be submitted with the proposed amendments clearly identified. C. The amendment shall be processed in the same manner as an amendment to an expedited development order. If approved, an amended development order shall be issued by the Development Administrator. 9. 07.03 Amended Development Orders for Major Developments Proposed revisions to a site development plan categorized as a major development where the development order was issued by City Council which do not meet the criteria set forth in Section 9. 07. 02 shall be processed in the same manner as the original application. 9. 07.04 Amendment after Issuance of a Building Permit A. After a building permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the building permit without first obtaining an amendment to the permit. The process for amending the permit shall be the same as for review and issuance of the original permit. A written record of the amendment shall be entered upon the original permit. B. A stop work order shall be issued for after- the -fact deviations and no further work shall continue or commence on that part of the development prior to the issuance of an amended permit authorizing the work. 9. 08.00 DEVELOPMENT AGREEMENTS The City is authorized to consider and enter in a development agreement provided the following requirements are met: A. The parties to the development agreement shall be the City and the owner of real property to be used and developed according to the conditions set forth in the agreement. B. The procedures and requirements for review, adoption, and monitoring of the development agreement shall comply with the requirements of Section 163. 3220 -- 3243, F.S. C. The applicant shall meet the application requirements of Section 9. 02. 02 of this LDC. 9. 09. 00 VACATIONS 9. 09. 01 Vacation of Subdivision Plats A. The owner(s) of any land within an existing approved plat may request approval to vacate that portion of the plat which is owned by the applicant(s). If the existing plat includes a plat agreement/ amendment, a portion of the original plat cannot be vacated without the consent of all current property owners within the plat. The vacating of public streets /rights -of -way and easements within a plat is subject to State Statutes and local ordinances. Plats, or portions thereof, cannot be vacated without the consent of the appropriate utilities or regulatory agencies. B. An application for vacation of a subdivision plat shall be submitted as set forth in Section 9. 02. 10. C. The procedures for review and recommendation shall be the same as for the Wounktrnti, e Prucedut" Pa „ c 0 - 26 1) eeem1, er 15, 2011 Packet Pg. 191  3. 1. a I, nt P arton B, o' FINAL I : a1 d ooelopmcnt rude consideration of the original application for approval of a subdivision plat, and shall comply with the requirements set for in Ch. 177, F.S. 9. 09. 02 Vacation of Public Rights -of -Way A. An application for vacation of all or part of a public right -of w - ay shall be submitted as set forth in Section 9. 02. 10. B. The following are required findings for approval of a vacation of all or part of a public right -of w - ay: I. The area proposed for vacation no longer serves a public purpose; 2. The proposed vacation is consistent with the Comprehensive Plan; 3. Approval of the proposed vacation shall not deny access to private property; 4. Approval of the proposed vacation shall not result in a loss of public safety, considering vehicular and pedestrian movement; 5. Approval of the proposed vacation shall not result in a loss of access by emergency vehicles; and 6. Approval of the proposed vacation shall not result in a loss of public services, such as waste collection or maintenance of public facilities. C. The procedure for review and decision- making regarding a proposed vacation shall be as set forth in Section 9. 01. 00. 9. 09. 03 Vacation of Easements A. An application for vacation of all or part of an easement shall be submitted as set N forth in Section 9. 02. 10. B. The following are required findings for approval of a vacation of all or part of an of casement: e0, 1. The area proposed for vacation no longer serves a public purpose; and 2.