Fort Walton Beach Ordinance — 1759 Proportionate Fair Share Program — reading text

transoortation concunencv detennination meetina aM of the following criteria shall be subiect to this section: 1. All or Dart of the Droposed develooment is located within one mile of the area which is under the iurisdiction. for tnmsoortation concurrency. or an adiacent local aovemment: 2. Usina its own concurrency anatysis orocedures. the City concludes that the additional traffic from the DroDosed deyeloDment would use five ( 5) oercent or more of the adooted oeak hour LOS maximum service YOIume of a reaionat transoortation facititv within the concurrency iurisdiction of the adiacent local government imDacted regional facilitv"):and 3. The imoacted regional facility is oroiected to be ooeratina betow the level of service standard. adopted by the adjacent local aovemment. when the traffic from the DroDosed develoDment is inctuded . b. Uoon identification of an imDacted regional facility oursuant to subsection ( 8) above. ~ 12)( City shaM notify the aootic8nt and the affected adiacent local aovemment in writina of the oooortunitv to derive an additional orooortionate fair-share contribution. based on the oroieqted imoacts of the Drooosed deveIooment on the imDacted adjacent facility. 1. The adjacent local government shaH have tJD to ninetY (90) days in which to notify the C~ of a oroposed soecific orooortionate fair- share obligation. and the intended use of the funds when received. The adiacent local aovemment must Drovide reasonable iustification that both the amount of the Davment and its intended use comDlv with the reauirements of Section 163. 3180(16). F .8. Should the adjacent local aovemment decline orooortionate fair- share mitiaation under this section. then the orovisions of this section would not aDDly and the aDDlicant would be subiect only to the Drooortionate fair share reauirements of the City. 2. If the subiect aDDlication is subseauenttv aooroved bv the City. the aDDroval shall include a condition that the aDDlicant Drovides. Door to the issuance of anv buildina. permit covered bv that aODlication. evidence that the orooortion8te fair-share obtiaation to the adjacent local aovemment has been satisfied. The City may reauire the adiacent local government to declare. in a resolution. 10  uRitftltttee. Of' eauiva1ent document. its intent for the use of the concurrencY funds to be oaid bv the aooticant. c. Where impacted reaional facilitY has been desianated as a an regionatly significant transoortation ~ in an adooted reaionat tnmsoortation olan as orovided in Section 339. 155. F .8.. the City may coordinate with other imDacted iurisdictions and aaencies to aDDly orooortionate fair-shElf' e contributions and oubtic contributions to seek fundina for imorovina the imoacted reamal facility under the FOOT TRIP. . Such coordination shall be ratified 9V the City tttrouah an intertocat aareement that establishes a Drocedure for earmarkina of the develoDer contributions for this S8. DUf'I)() Section 3. Conflicts All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. SeYel'8bility If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutiOnal, such finding shaH not affect the other provisions or apptications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are dectared severabte. Section 5. effective Date This Ordinance shall take effect immediatety upon approval by the City Council and signature of the Mayor. Adopted: .{! /~ d.~ k~ Mike AndefSOf1, Mayor Attest: Approved as to fonn and legal sufficiency. Helen Spe r, M;J City Clerk T.. 0111 cdC~ '~.l. ratg, ityA'tt.. ' New language is underlined. Defeted language is striGkeA. DISPOSITION Codification Instructions: Section 1, 3, 4, 5 not codified. Section 2, codified and numbered as stated into Vofume IV, land Development Code. 11  Il" ol111 _.......... I..,~-.. V. \.At-' oII.... I t-'''\" legal 4165 ! made with respect to' any\ matter considered at. such. CITY OF FORT \. . h..e... illne.. rin.9w..... d..... a ..rec-\' Daily Ne,vs a.. e. WALTON BEACH,' I ord> of .the . proceedings, I FLORIDA, and for such ose \ pur!' NOTICE OF PUBLIC : I'. may ne c;l. to ensure. that I of the I HEARING . ja;.verbatim record made, ipJoceedings. is.' . the! I Published Daily A PUBLIC HEARING will I,# hich recQrd includes be held on the following i. testimony and evidence \ Fort Vlalton Beach, Florida Qrol?osed' ordinance at ( upon w~ich the app.eal is based I 7: 00I?, m, on' Tuesday, tot. be . i ta Rosa & V\ alton Counties T Di8tribute~ in Okaloosa, S&."" 1. May 13, 2008, in tne 1( F$ 286. 0J05). . i Council. Chamber. at Fort i.... ....<. ... '. , : Walton. Beach qty Hall,! The ,pty of Fort Walton Ii 107.' Miracle Strip Park- ', BeClch>/ CI dhe res ." to.. the at which time .... SW.').. A.. T.i... e.... 11:I.... P.i.S..abili- ca.ns. .W.ith......... State of Florida } way..,. ouncil will. con- the City I..; ties,A.cf and . wilL make sider. Its adoptio. n intop~(] s6oaple '.:IT)odifiCations pess to. this