Fort Walton Beach Council agenda — 03-11-08 regular agenda — reading text

W 1 M oC O O V 06 .— o CL 4- J H fo 5 i W 3 G7 T U 6 d" y N o o Q LU o i U m W U C j7 O zj 0 b CL ' Q U a a aim o O a, c LL) M- a° l 11 0 U Z E m QQ E E o z _ N Z M 0 WJ o r u m V J  F rF :: f i 0 t t a i i i l Y Ff i u Mi . y ro 111-111 i K v 3v' i I x p X  m S NCi tV y G F d N O M m o 11 u N N j06 117 y m ry N Y O 4 j U a 41 o a co a m ffi W m m  CITY COUNCIL MEETING March 11, 2008 General Public General Public on items of City business Agenda Item Number: 6  CITY COUNCIL MEETING March 11, 2008 Public Hearing Agenda - First Reading Consideration of Ordinance 1755, amending Section 12. 32. 02 of the Land Development Code regarding developments with a De Minimus Impact CDS Director) Municipal Planning Board Recommendation: Approval (6 -0) 2121108 Council Action 1 St 2nd Vote: Agenda Item Number: 7  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM DATE: February 25, 2008 TO: City Manager, Joyce Shanahan FROM: Samantha D. Abell, Senior PI 7, THROUGH: Missy McKim, CDS Director SUBJECT: Consideration of an Ordinance ( 1755) Amending Section 12. 32. 02 of the Land Development Code Regarding Developments with a De Minimus Impact and Codifying the Current Provisions of the Comprehensive Plan Regarding the Traffic Concurrency Exception Area (TCEA) MPB Case #08- 02 -LD). Background: The City Council adopted Directions: The Comprehensive Plan for the City of Fort Walton Beach: 2008, on August 22, 2000. The Concurrency Management System Element of this Plan establishes a regulatory mechanism for evaluating development orders to ensure that adequate public facilities are available " concurrent" with development impacts. An additional component of a concurrency management system is the establishment of a framework for determining public facility needs and providing a basis for meeting those needs through capital improvements programming. These standards comply with the intent and requirements set forth with Chapter 163, F. S. and Chapter 9J -5 F. A.C. The approval of development orders is subject to the availability of adequate levels of service ( LOS) for roads, stormwater drainage, water, wastewater, solid waste, and parks. The primary intent of these regulations is to provide the City of Fort Walton Beach with the tools to meet Florida statutory requirements. The implementation of this concurrency management system serves as the principal mechanism for ensuring that growth is managed in a manner consistent with the provisions of the comprehensive plan and also serves as a key monitoring device for measuring the effectiveness of the Land Development Code and the programming of capital improvements. Of all the public facilities affected by concurrency requirements, transportation is often the most difficult to meet. To fulfill the state -mandated requirement of transportation concurrency, the two options available to an applicant for a building permit are: ( 1) obtain a Certificate of Concurrency during the review process, or ( 2) develop within the designated Transportation Concurrency Exception Area ( TCEA). The only exception relates to a land use of such low intensity as to have a de minimis effect, if any, upon the LOS standards set forth in the comprehensive plan. During such instance, the development is exempt from concurrency review.  2 The two exemptions to a Certificate of Concurrency, de minimis development and development inside a TCEA, are both amended by Florida Statutes 163. 3180 ( 5) and 6), and this subsequent ordinance ( 1755). Discussion: The TCEA was adopted in 2000, as an overlay to the Community Redevelopment Area CRA) in order to promote urban redevelopment, infill development, and a variety of multimodal transportation alternatives. The revisions to the Land Development Code since 2006 have included the Comprehensive Plan and Community Redevelopment Plan designation of a Transportation Concurrency Exception Area. The added section 12. 32. 1 states the following: A Transportation Concurrency Exception Area ( TCEA) is established coterminous with the Community Redevelopment Area ( CRA) in order to promote urban redevelopment, infill development, variety of and a transportation choices and opportunities. All land uses and development within the TCEA, except for Developments of Regional Impact ( DRI) shall be excepted from transportation concurrency. An existing DRI may qualify for a transportation concurrency exception for redevelopment or additions to the DRI providing all requirements in Policy B. 1. 7. 7 ( of the City's Comprehensive Plan) Developments outside of the TCEA that are met. impact roadways within the TCEA shall be required to meet transportation concurrency standards. Section 12. 32. 02 of Volume IV of the Land Development Code defines a De Minimus Development by the following: Sec. 12. 32. 02. De Minimis Development. If a proposed development relates to land use of such a low intensity as to have a de minimis effect, if any, upon the level of service standards set forth in the comprehensive plan, the development shall be exempt from concurrency review. Development permits for single -family dwellings and additions to or the erection of structures less than 1, 500 square feet, which generates less than 50 trips per day, utilized for nonresidential purposes shall be deemed de minimis. A certificate of concurrency shall be issued for the de minimis development. Changes to F. S. 163. 3180( 6) mandate that any development whose transportation impact exceeds 110% of the LOS threshold can no longer claim exemption as a de minimus development. Further, local governments are required to maintain records to determine whether 110% de minimus transportation impact threshold is reached. A summary of these records must be submitted with the annual capital improvements element update. The added paragraph, as stated in this ordinance ( 1755), provides the following: 2. Transportation facilities. A de minimis impact is an impact that would not affect more than 1 percent ( 1 %) of the maximum volume at the adopted level of service of the affected transportation facilities as determined by the  3 City, utilizing the most recent table of the