Okaloosa County BOCC — October 4, 2013 — ORDINANCE2 — reading text

ORDINANCE NO. 13- AN ORDINANCE AMENDING THE OKALOOSA COUNTY LAND DEVELOPMENT CODE, ORDINANCE NO. 91-1, AS AMENDED, AMENDING CHAPTER 1 “GENERAL PROVISIONS”, SECTION 1.11.08 “DEVELOPMENT ORDER HEARING”; REPEALING ALL ORDINANCES, OR PORTIONS THEREOF, IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: Section 1. The Okaloosa County Land Development Code, Ordinance Number 91-1, as amended, is hereby amended and revised as follows. Section 2. Chapter 1, Section 1.11.08 “Development Order Hearing” is revised and amended as shown in Exhibit 1. Section 3. This Ordinance shall become effective as provided by law, and does hereby repeal any ordinances, or provisions thereof, in conflict herewith. Should any word, phrase, sentence, subsection, section or other part of this Ordinance be held by a court of competent jurisdiction to be illegal, void, unenforceable, or unconstitutional then the part so held shall be severed from this Ordinance and the remainder of this Ordinance shall remain in full force and effect. DULY PASSED AND ADOPTED in regular session this the 5" day of November, 2013. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA Don R. Amunds Chairman ATTEST: Don W. Howard Clerk of Court EXHIBIT 1.11.08 Development Order Hearing. Action: Upon completion of the administrative review specified in section 1A.03.03, 4 the Planning Official shall issue a Notice of Intent to approve, approve with conditions, or deny a development order. At this time any person, including the Planning Official, may petition for a Development Order Hearing. The petition shall be submitted to the Planning Official within seven (7) days after the date a Notice of Intent is issued.. The Petition shall be submitted on forms provided by the County and shall include the name, address, telephone number, and email address (if available) of the Petitioner and a statement as to why the Petitioner is objecting to issuance of the Development Order. No later than fourteen (14) days after the date the petition is filed the Petitioner shall submit a Memorandum of Error which contains the specific Code requirements and provisions by citation the Petitioner is objecting to, the reasons why the development order is not consistent with the identified citations, and any corrective actions to remedy the objections raised. Failure to comply with this part shall tender the Petition abandoned and withdrawn. At the Development Order Hearing the Petitioner's arguments shall be limited to the objections raised in the Memorandum of Error. Objections raised pursuant to this Section shall be to this Code only and not any other approval or permit that may be required from an agency other than the County. Any assertion or challenge that the Development Order is not consistent with the Comprehensive Plan shall be as specified at s.163.3215, Fla. Stat. Upon receipt of the petition the Planning Official shall schedule the hearing on the agenda of the Planning Commission for the next practical meeting date. Prior to the hearing date the Planning Official shall schedule a meeting between county staff, the applicant, and the Petitioner so as to provide an opportunity for the objections to be resolved. No development order shall be approved or denied until after the Development Order Hearing has been held. All interested persons may attend the hearing and present verbal or written statements. At the conclusion of the hearing the Planning Commission shall provide a recommendation to the Planning Official whether to approve or deny the development order application at issue, or may remand to the Planning Official for further consideration with additional conditions. In the event that the Planning Commission recommendation is contrary to the Notice of Intent the matter shall be scheduled on the agenda of the Board of County Commissioners (BCC) for the next practical meeting date. Prior to the BCC hearing date the Planning Official shall schedule a meeting between county staff, the applicant, and the Petitioner so as to provide an opportunity for the objections to be resolved. The BCC shall then take final action on the matter. Character of Proceeding: Quasi-judicial. Public Notice: Public notice shall be as specified in s. 1.11.03 at the time and expense of the Petitioner.