Fort Walton Beach Ordinance — 1861--Adoption of the 2012 Land Development Code — reading text

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 Administrath, Prueedure+ Page 9 - 2'_ I, I R all mi Beach Land Dc" iunmrnt (' ndo 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 nonconformities; 7. Preliminary or final subdivision plats; 8. 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 I. 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 Admini' t. 111 , Pn, cedures Pace 9 23 I' o. I o aft m Reach Lund 1), c elounu•nl Cud, 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: 1. 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 -way. 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 sign( s) 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 sign( s) 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 sign( s) at least five (5) days prior to the public hearing. 6. The sign( s) 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 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) kdministratire proeed,. o, 1' ape9 - 24 Pir1 %I 1, 11on Heu' h I and 1). . III tbdr 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 A. The hearing shall be conducted in a manner to protect the due process rights of the applicant and any affected parties. B. All testimony presented by the applicant, any affected party, any witness for any party, 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. D. An electronic record shall be made of the hearing. E. Members of the general public may provide comment during the hearing. If a 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 subject to cross -examination. F. The decision- making entity may question the applicant, other parties, witnesses, and the City staff at any time during the hearing. G. The decision- making entity shall render a decision which shall be based upon competent substantial evidence presented during the hearing. H. The decision -making entity shall enter a written order which contains findings of fact and conclusions of law in support of its decision. 1. The decision- making entity' s written order shall be filed with the City Clerk as part of 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 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. Ad Irk inisII atice I' roredure, Page 9 - 25  u, ,, 1, I ; uul Detclon .. ut ( nJc 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. L Closing arguments by the Development Administrator, any affected