Fort Walton Beach Ordinance — 2189--Amending LDC Chapter 9 Administrative Procedures Plats — reading text

READING| DATE ist 2025 ORDINANCE 2189 2nd uj2o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING CHAPTER 9 OF THE LAND DEVELOPMENT CODE TO UPDATE THE PROCESS FOR HANDLING SUBDIVISION PLAT REQUESTS TO COMPLY WITH FLORIDA STATUTE; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 177.071, Florida Statute was amended, with the effective date of the amendment July 1, 2025, to remove city councils from the review and approval of Preliminary Plats, Final Plats, and Replats, and require such review and approvals to be a purely administrative decision; WHEREAS, Land Development Code section 9.01.01. currently requires review and approval of Preliminary Plats, Final Plats, and Replats by the City Council; and WHEREAS, to comply with Section 177.071, Florida Statute, the City Council must amend the existing code to remove the City Council from the review and approval of plats or replats, and to designate an administrative authority to receive, review, and process plats or replats. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Authority and Intent The authority for enactment of this ordinance is contained in Chapter 166.021, 163.3202, and other provisions of the Florida Statutes and the City Charter. Section 2. Amendment of Land Development Code RAK Chapter 9 - ADMINISTRATIVE PROCEDURES. 9.01.01 Types of Applications. Table 9.01.01 contains a list of the types of applications and identifies the entities responsible for reviewing and issuing decisions on applications. Development orders are categorized as major developments or expedited developments, as follows: A. Major developments are proposed developments where building heights are proposed to exceed the height limits established on the Eglin AFB Tall Structures Analysis for the City of Fort Walton Beach map, proposed development subject to a development agreement, and proposed development in a PUD. B. Expedited developments include all development orders other than those described in Section 9.01.01.A. Table 9.01.01. Types of Applications and Entities Responsible for Recommendation and Final Decision. Type of Application Staff! LPA | City Council Administrative D Waivers (See Chapter 8) Amendment to the R R D Comprehensive Plan Amendment to this R R D LDC Annexations R D Appeal of R D Administrative Decisions (See Chapter 8) Communication R D Towers Development R D Agreement Development Orders Major Development R D Orders Expedited D Development Orders Major Amendments to R D Major Development Orders Minor Amendments to D Development Orders r=) oO Expansion or Modification of Nonconformities (See Chapter 8) | Subdivision Plats | Preliminary Plats Final Plats ol oO val 1 Minor Plats Permits (Buildings, Signs, Docks, Boat Structures, Grading, Lot Clearing, etc.) PUD R R D Rezoning R R D Vacations (Easements, R D ROW, Plats) Variances (See Chapter R D 8) Zoning Determination D ' Staff means the Development Administrator or Building Official where required by the Florida Building Code D = Final Decision Authority R = Recommendation ca a sim een he irr ec ien eee ania «erate een tc a —s—i(its*«*«édC 9.04.01 Generally. A. The City Council, Local Planning Agency, and other boards, and staff 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; 87. Rezonings; 18. Site development plans; 199, Vacations; and 4410. 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: The name of the applicant; The location of the property for which an application has been submitted; a. bs; 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-way 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. ok ok Section 3. Applicability For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Fort Walton Beach. This ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this ordinance. Section 4. Inclusion into the Land Development Code It is the intent of the City Council that the provisions of this ordinance shall become and be made a part of the City of Fort Walton Beach’s Land Development Code, and that the sections of this ordinance may be renumbered or re-lettered and the word “ordinance” may be changed to “section,” “article,” “regulation,” or such other appropriate word or phrase in order to accomplish such intentions. Section 5. Severability In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are declared severable. Section 6. Findings The City Council of the City of Fort Walton Beach finds that the Local Planning Agency reviewed and recommended approval of the ordinance on August 7", 2025. The City Council of the City of Fort Walton Beach finds that the proposed ordinance is consistent with the goals, objectives, and policies of the City’s Comprehensive Plan. The City Council of the City of Fort Walton Beach finds that all notice requirements for enactment of the ordinance have been met in accordance with the Florida Statutes and the City’s Land Development Code. Section 7. Effective Date This ordinance shall take effect immediately upon approval on second reading by the City Council and signature of the Mayor. Adopted: Aucus* al, 20258 ZZ== “Nic Allegretto, i f Fo rm alform and sufficiency / wx only. Attest: Approved as for the vay FR 1) Rasun’ l MA Kim arnes, City Clerk Jeffrey L. ity Attorney Additions are underlined: ¢