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

generated two -way peak hour volumes in the Florida Department of Transportation ( FDOT) Level of Service Handbook. No impact will 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. No impact will be de minimis if it would exceed the adopted level of service standard for any affected designated hurricane evacuation routes. If a proposed project is not deemed de fninimis, a transportation study is required. The Municipal Planning Board ( MPB) considered .Ordinance 1755 at a special meeting on Thursday, February 21, 2008. There were no public comments. The MPB recommended that City Council approve the request by unanimous vote. Ordinance 1755 is now ready for consideration by City Council on first reading at their regular March 11, 2008. RECOMMENDATION: The City Council may: a. Approve Ordinance 1755; b. Approve Ordinance 1755 with changes; c. Deny Ordinance 1755. The Municipal Planning Board recommends approval of Ordinance 1755 to comply with Florida Statutes and Directions: The Comprehensive Plan for the City of Fort Walton Beach: 2008. Encl.: Minutes of MPB Feb. 21, 2008 Special Meeting Ordinance 1755 MPB Back -up Zconcur Do not Concur Hold for Discussion NLAAAA A A= OycdShanahan —City Manager  Attyrevord1755conc ORDINANCE 1755 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA 4 AMENDING SECTION 12. 32. 02 OF THE LAND DEVELOPMENT CODE 5 REGARDING DEVELOPMENTS WITH A DE MINIMIS IMPACT AND CODIFYING 6 THE CURRENT PROVISIONS OF THE COMPREHENSIVE PLAN REGARDING 7 THE TRAFFIC CONCURRENCY EXCEPTION AREA; PROVIDING FOR 8 SEVERABILITY; AND SETTING AN EFFECTIVE DATE. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 11 THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: 12 13 Section I. Title 14 The provisions of this ordinance and the attached document entitled 15 " Planning 101 in Fort Walton Beach, First Edition," are hereby adopted as Chapter 16 IV of the Code of Ordinances, and shall be referred to as the Land Development 17 Code ( "LDC ") of the City of Fort Walton Beach, Florida. 18 19 Section II. Authority & Findings 20 The City has the authority to enact this ordinance pursuant to the 21 requirements and authority of chapter 163, et seq., Florida Statutes ( the Local 22 Government Comprehensive Planning and Land Development Regulation Act), 23 the Charter of the City of Fort Walton Beach, and the powers and authority of 24 Florida law. 25 The City Council hereby finds that it is necessary to update the Land 26 Development Code to make it consistent with the concurrency provisions of Chapter 27 163 of the Florida Statutes ( 2007) and to effectuate the intent and purpose of the 28 City's Comprehensive Plan. 29 30 Section III. Amendment of Section 12. 32. 02 of the Land Development Code 31 Section 12. 32. 02, De Minimis Development, of the current Land Development 32 Code is hereby amended as follows. 33 See.. 34 12. 32. 02. De Minimis Development-. 35 he levellevel re•1 fer+h in 36 . Y, i., ivr, ic e ur.r. r, of aFyiee — c + nrl cue+ set fer h thethe 37 Wan, the develepment shall be exempt 40m renGUFFen M.- 38 39 StFUGtWes less than 1, 600 squaFe feet, 40 deyel , p.,•,o+ 41GenGUTen£yshall be e- issued f6FRhe de Fninimis 42 43 Section 12. 32.02 De Minimis Development 44 If a proposed development relates to land use of such a low intensity as to have 45 a de minimis effect, if any, upon the level of service standards set forth in this chapkr. , 46 the development shall be exempt from concurrency review as provided below. 1 of 3  Attyrevord1755conc 47 48 1. Potable water, wastewater, solid waste, recreation /open space and 49 stormwater management. Development permits for single family dwellings and 5o additions to or the erection of structures less than 1, 500 square feet, which generates 51 less than 50 trips per day, utilized for nonresidential purposes shall be deemed de 52 minimis as to all public facilities and services. A certificate of concurrency shall be 53 issued for the de minimis development. 54 55 2. Transportation facilities. A de minimis impact is an impact that would not 56 affect more than 1 percent ( 1 %) of the maximum volume at the adopted level of service 57 of the affected transportation facilities as determined by the City, utilizing the most 58 recent table of the generated two -way peak hour volumes in the Florida 59 Department of Transportation ( FDOT) Level of Service Handbook. No impact will be 60 de minimis if the sum of existing roadway volumes from approved projects on a 61 transportation facility would exceed 110 percent of the maximum volume at the 62 adopted level of service of the affected transportation facility. No impact will be de 63 minimis if it would exceed the adopted level of service standard for any affected 64 designated hurricane evacuation routes. 65 66 Section IV. Adoption of New Section regarding Transportation Concurrency 67 Exception Area ( TCEA) 68 A new section, to be numbered by the codifier, is hereby adopted as follows: 69 70 Transportation Concurrency Exception Area. 71 A Transportation Concurrency Exception Area ( TCEA) is established 72 coterminous with the Community Redevelopment Area ( CRA) in order to promote 73 urban redevelopment, infill development, and a variety of transportation choices and 74 opportunities. All land uses and development within the TCEA, except for Developments 75 of Regional Impact ( DRI) shall be excepted from transportation concurrency. An 76 existing DRI may qualify for a transportation concurrency exception for 77 redevelopment or additions to the DRI providing all requirements in Policy B. 1. 7. 7 78 ( of the City's Comprehensive Plan) are met. Developments outside of the TCEA that 79 impact roadways within the TCEA shall be required to meet transportation 80 concurrency standards. 81 82 Section V. Severability 83 Should any provision or portion of any provision in this ordinance or in the 84 revised LDC be declared by a court of competent jurisdiction to be invalid, such 85 decision shall not affect the remainder of the provisions herein. 86 87 Section VI. Effective Date 88 This Ordinance shall take effect immediately upon approval by the City 89 Council and signature of the Mayor. 90 91 92 Adopted: 2 of 3