Fort Walton Beach Ordinance — 2213-Amend LDC Section 9.01.02 Pre-Application Conferences Required — reading text

[READING] DATE I, ist | 5 /19/a0a ORDINANCE 2213 2nd |/9 Jaca AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING LAND DEVELOPMENT CODE SECTION 9.01.02 PRE-APPLICATION CONFERENCES REQUIRED; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Florida Legislature amended Section 163.3169, Florida Statutes to require certain pre-application services be offered by local governments; WHEREAS, the City Council has determined that the amendments below are necessary to stay in compliance with Section 163.3169, Florida Statutes; and 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. AMENDING SECTION 9.01.02 PRE-APPLICATION CONFERENCES REQUIRED KRY 9.01.02 - Pre-Application Conferences & Review. Required. A. A pre-application conference is a required meeting between a potential applicant and the City staff prior to submittal of an application for a development order;_but is optional for amendments to existing development orders, subdivision plats or replats, as well as permits related to trees. signs. landscaping, and minor modifications, ferthe-purpeses-of. 1. Pre-application conferences are held for the purposes of: a. 4, Exchanging information on the potential development of a site; b. 2, Providing information to a potential applicant on permissible uses of a site; c. 3; Providing information to an applicant regarding the design standards set forth in this LDC that are applicable to a potential application; d, 4, Providing information to an applicant regarding standards of regional, State, or Federal agencies that may be applicable to a potential application; e. 5. Providing information to an applicant regarding minimum submittal requirements such as Determining—the-need—andrequirements—for supporting plans, documents, and studies; f. 6; Providing information to an applicant regarding infrastructure requirements and the construction of required improvements; and g. % Providing information to an applicant regarding the appropriate procedures and schedules for receiving and reviewing applications and rendering decisions regarding a potential application. 2. B- It is the City's intent that all requirements be identified during the pre- application conference. However, no person may rely upon any comment concerning a proposed development, or any expression of any nature about the proposal, made by a participant at the pre-application conference, as a representation or implication that the proposed development will be ultimately approved or rejected in any form. 3. G. Prior to the submission of an application for a development order an applicant shall request for a pre-application conference. 4. BD. A pre-application conference shall be held not more than ten (10) business days following the date of request for such conference. 5. E An application shall only be accepted within six (6) months of the date of the pre-application conference. After six (6) months, the applicant shall request a new pre- application conference. 6. & The pre-application conference shall include representatives of City departments responsible for reviewing applications and may include independent reviewers hired by the City, as well as representatives of regional, State, or Federal agencies with authority over specific aspects of the proposed development. 7. G-The applicant may bring professionals who will prepare some or all of the application materials to the pre-application conference. B. A pre-application review is both a review, and pre-certification of completeness, for purposes of determining compliance with all relevant existing land development regulations, of an application and all application related documents, including but not limited to site engineering plans, site plans or their functional equivalent, or plats. 1. A pre-application review may be requested for any application type that is subject to a pre-application conference, as listed in Subsection A. The pre-application review request process and review procedure is as follows: a. The applicant will first request and attend a pre-application conference. At the pre-application conference, the applicant must indicate their intent to use the _pre- application review process either verbally or in writing. b. Following the pre-application conference, the applicant will submit a request for Site Plan Review (pre-application review), which must include all required submittal documentation including any supporting documentation identified at the pre-application conference, and payment of applicable fees. c. Upon receipt of the Site Plan Review request, the City staff shall issue a determination of completeness to the applicant within three (3) business days of receipt. When the submittal is not complete, the written determination shall specifically identify the missing documents and/or plans. A determination of completeness is not an evaluation of compliance with standards and criteria. d. When all required submittals have been received, the Site Plan Review request (pre-application review) shall be processed for review of compliance with all relevant existing land development regulations, following these procedures: (1) The City staff shall review and provide a written compliance report stating that the pre-application submittal has been deemed sufficient or specifying any deficiencies identified within twenty (20) business days after the determination of completeness. (2) The applicant will have twenty (20) business days to address any deficiencies identified. (3) Upon receipt of revised or supplemental application documents, the City shall have twenty (20) business days to conduct a review of the revised or supplemental application documents and issue the final compliance report. (4) Where the deficient application is not revised, corrected, or supplemented, the City shall have five (5) days to issue the final compliance report stating that the documentation is not sufficient for application. e. Upon receipt of the completed application which was previously reviewed and pre-certified as complete and in compliance with all relevant existing land development regulations, the City shall verify completeness and issue written notification to the applicant indicating that all required information has been submitted or any deficiencies within five (5) business days. f. If the application is deficient, the applicant has 30 davs to address the deficiencies by submitting the required information. g. Upon receipt of the applicant’s completed application. City staff will approve. approve with conditions, or deny the application within 45 days of submission of the completed application. 2. If the applicant should elect _not to utilize the pre-application review procedures, application review will follow the standards established in 9.01.03, 9.01.04, and 9.01.05. as applicable. 3 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 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 May 7, 2026. 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: Sune 4 oars Nic Allegretto, Mayor Attest: Approved gs to legal form and sufficiency for the Ty ys alton Beach, only. * / yf e FR \ Ae aes KS Mae” l >~- hi is LE Kim Barnes, City Clerk Jeffrey/L. yp ee ity Attorney Additions are underlined; deletions-are-stricken. City of Fort Walton Beach “The Treasure of the Emerald Coast” 105 Miracle Strip Parkway SW * Fort Walton Beach, F1 32548 (850) 833-9607 * Fax (850) 833-9926 TDD (850) 833-9925 Growth Management Department To: Mayor Allegretto and City Council Members From: Kelsea Roberts, Planning Supervisor Date: April 24, 2026 Subject: Ordinance 2213 — Business Impact Statement In accordance with Section 166.041 of the Florida Statute, the City is required to prepare (or cause to be prepared) a business impact estimate prior to enacting an ordinance, subject to exemptions noted in the Law. Following are the categories required to be addressed for the proposed ordinance: 1. Summary of proposed Ordinance 2213 This ordinance is to amend Land Development Code Section 9.01.02 Pre-Application Conferences Required to include provisions for Pre-Application Review to meet requirements in the newly created Section 163.3169, Florida Statutes. 2. Estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the city a. Estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted. There is no additional compliance cost associated with this ordinance. b. Identification of any new charge or fee on businesses subject to the proposed ordinance or for which businesses will be financially responsible. There will be no new fees or charges for any business as a result of this ordinance. c. An estimate of the City’s regulatory costs, including an estimate of revenues from any new charges or fees that will be imposed on businesses to cover such costs. There will be no regulatory costs associated with this ordinance. 3. A good faith estimate of the number of businesses likely to be impacted by the ordinance. There are no business impacts as a result of this ordinance. 4. Any additional information the board determines may be useful. None