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Fort Walton Beach Ordinance — 1877--dissolves boa — reading text
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6. The minimum level of service standard for arterial and collector roads outside the
adopted Transportation Concurrency Exception Area ( TCEA) is " D ". There is no
minimum level of service standard within the TCEA. However, proposed
development within the TCEA shall provide facilities that improve mobility,
based on the requirements set forth in Section 6. 01. 06.
7. The minimum level of service for public schools is 100 percent of the capacity
established by the Department of Education for schools serving the City.
B. The eoncurrency calculation and determination shall compare the available capacity
of each required facility or service to the demand of the proposed development.
1. The required facilities to meet the level of service standard for stormwater runoff
shall be determined by the calculation of stormwater impacts as set forth in the
Engineering Standards Manual ofFort Walton Beach.
2. The available capacity for the transportation system shall be determined by the
provision of a transportation or traffic study as set forth in Section 9. 02. 04.B.
3. The available capacity of all remaining facilities and services with an adopted
level of service standard shall be calculated as follows:
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a. Establishing the capacity of the facility or service;
b. Subtracting the capacity used by existing development;
c. Subtracting the capacity committed to approved developments through
issuance of certificates of concurrency; and
d. Yielding the amount of capacity remaining and available to serve proposed
development.
C. The available capacity may be adjusted based on planned expansions to capacity that
guarantee an increase in capacity prior to the issuance of a certificate of occupancy
for the proposed development.
D. The required capacity may be established in an approved development agreement, in
compliance with the requirements in Section 9. 08. 00.
9. 03. 04 De Minimis Projects
A. Generally
1. A proposed development may be determined to have a de minimis impact on one
l) or more facilities and services with an adopted level of service standard, as set
forth in Section 9. 03. 02.
2. A proposed development with a de minimis impact shall be exempt from any
further concurrency determination.
B. The following situations are considered de minimis for all facilities and services with
an adopted level of service standard.
1. A single- family dwelling.
2. A nonresidential structure with fewer than 1, 500 square feet of total floor area and
generating fewer than fifty (50) trips per day.
3. A building addition with fewer than 1, 500 square feet of total floor area and
generating fewer than fifty (50) trips per day.
C. Any proposed development or redevelopment with an impact of not more than one
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 concurrency 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,
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
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determination of eoncurrency 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, Bao- af^
ajuatffi-L, 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 nonconformities;
7. Preliminary or final subdivision plats;
R. 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
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
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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
