Fort Walton Beach Ordinance — 1755 Dev Code Deminimis Impact Change — reading text

ORDINANCE 1755 FLORIDA AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, CODE AMENDING SECTION 12. 32. 02 OF THE LAND DEVELOPMENT IMPACT AND CODIFYING REGARDING DEVELOPMENTS WITH A DE MINIMIS THE CURRENT PROVISIONS OF THE COMPREHENSIVE PLAN REGARDING AREA; PROVIDING FOR THE TRAFFIC CONCURRENCY EXCEPTION SEVERABILITY; AND SETTING AN EFFECTIVE DATE. OF NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: Section I. Authority & Findings to the The City has the authority to enact this ordinance pursuant Florida Statutes ( the Local requirements and authority of chapter 163, et seq., Act), Government Comprehensive Planning and Land Development Regulation and authority of the Charter of the City of Fort Walton Beach, and the powers Florida law. the Land The City Council hereby finds that it is necessary to update of Chapter Development Code to make it consistent with the concurrency provisions 163 of the Florida Statutes ( 2007) and to effectuate the intent and purpose of the City' s Comprehensive Plan. Section II. Amendment of Section 12. 32. 02 of the Land Development Code Section 12. 32. 02, De Minimis Development, of the current Land Development Code is hereby amended as follows. SeG. 12. 32. 02. De Minimis De& Jelepment. If a proposod de~.~elopment r.elates to land use of such a ICY.\' inteRsity as to ha~/e a de forth in the minimis effect, if any, upon the level of servise standards set from GOROyrFency Fevio'.&/. compFehensi\' e plan, the deJ: elopmeRt shall be exempt of d-:!eIliRgsaRd additioRs to or the erection Development permits forsingle family Gtruotures le66 than 1, 500 square feet, -.\'hioh gener=ates less than 50 trips per day, utilized for nonFesidential pYl=poses shall be doomed de minimis. /\ certificate of de~.' elopmont. concurrency shall be issued for the de minimis Section 12. 32. 02 De Minimis DeveloDment as to have If a orooosed develooment relates to land use of such a low intensity a de minimis effect. if any. uoon the level of service standards set forth in this chaoter · below. the develooment shall be exemot from concurrency review as orovided and 1. Potable water. wastewater. solid waste. recreation/ ooen soace family dwellinas and stormwater manaaement. Develooment oermits for sinale feet. which aenerates additions to or the erection of structures less than 1. 500 SQuare shall be deemed de less than 50 trios oar day. utilized for nonresidential ourooses of shall be minimis as to all oublic facilities and services. A certificate concurrency lof3 issued for the de minimis develooment. would not 2. Transoortation facilities. A de minimis imoact is an imoact that level of service affect more than 1 oercent ( 1 %) of the maximum volume at the adooted facilities as determined by the City. utilizinc the most of the affected transoortation in the Florida recent table of the cenerated two-way oeak hour volumes No imoact will be Deoartment of Transoortation ( FDOn Level of Service Handbook. de minimis if the sum of existinc roadway volumes from aooroved oroiects on a at the transoortation facility would exceed 110 oercent of the maximum volume imoact will be de adooted level of service of the affected transoortation facility. No for any affected minimis if it would exceed the adooted level of service standard designated hurricane evacuation routes. Section III. Adoption of New Section regarding Transportation Concurrency Exception Area ( TCEA) as follows: A new section, to be numbered by the codifier, is hereby adopted TransDortation Concurrency ExceDtion Area. A Transoortation Concurrency Exceotion Area ( TCEA) is established to oromote coterminous with the Community Redevelooment Area ( CRA) in order choices and urban redevelooment. infill develooment. and a variety of transoortation Deyelooments oooortunities. Altland uses and develooment within the TCEA. exceot for shall be exceoted from transoortation DR!) concurrency. An of Reoional Imoact ( existino DRI may Qualify for a transoortation concurrency exceDtion for in Policy 8. 1. 7. 7 redevelooment or additions to the DRI Drovidino all reQuirements the TCEA that of the City' s Comorehensive Plan) are met. Develooments outside of meet transDortation imoact roadways within the TCEA shall be reQuired to concurrency standards. Section IV. Severability or in the Should any provision or portion of any provision in this ordinance to be invalid, such revised LDC be declared by a court of competent jurisdiction decision shall not affect the remainder of the provisions herein. Section V. Effective Date the City This Ordinance shall take effect immediately upon approval by Council and signature of the Mayor. Adopted: ~./ ,. J.. J- r2tJO?' kh~ Mike Anderson, Mayor Atti Helen r;nq, ~ pencer ~ Clerk 2of3 Approved as to form and legal sufficiency. New language is underlined. Deleted language is strioken. Cod ification Instructions: Code structure Sections II and III to be incorporated into the new Land Development in new Chapter 18. Other sections are not codified. DISPOSITION 3of3  CITY OF FORT WALTON BEACH NOTICE OF LAND ~ ~~'i DEVELOPMENT CODE AMENDMENT The City Council of Fort Walton Beach proposes to amend the Land Development Cade of the City of Fort Walton Beach to comply with the City' s Comprehensive Plan . anp Florida Statutes. The City Council of the City of Fort Walton 'Beach, Florida, win. holda' Public H~ aring>atCity Hall, 107 Miracle Strip, Parkway, S. W., at 7: 00 p. m. or as soon . ther after . as the issue may be heard, Tuesday, March 11, 2008, to consider the following _ ordinance: ORDINANCE 1755 AN ORDINANCE OFTHE CITY OF FORT WALTON BEACH, FLORIDAAMENDING SECTION 12. 32. 02 OF THE LAND DEVELOPMENT CODE REGARDING DEVELOPMENTS WITH A DE MINIMIS IMPACT AND CODIFYING THE CURRENT PROVISIONS OF THE COMPREHENSIVE PLAN REGARDING THE TRAFFIC CONCURRENCY EXCEPTION AREA; . PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. All interested parties are invited. to .appear at this' meeting and be heard regarding the above ordinance. Copies of the proposed ordinance and related ,documentation may be viewed during normal business hoursatthe Office of the City Clerk, 107 Miracle Strip ParkwaySW, Fort Walton Beach. For additional information contact Samantha D. Abell, CDS, Department, 850) 833- 9604/ FAX 833- 9926( sabel,l@fwb. org). Any person who decides to appeal any decision of the City Council, with respect to any matter considered at this meeting will need a record of the proceeding~, and for such purpose, may need to ensure that a verbatim record of the proceedings ismacle, which record includes the evidence upon which the appeal is tob,.' testimonyafJd;: . made. (Section 286. 0105, F.Sii) r(~. i;:j; Yi n:)~)' r fi:...v The City of Fort Walton Beach aalt ~:: to the Americans with Disabilities Act a,ndwill make reasonable modificationsfOl' lJccess to this meeting upon request. Please call. the Helen Spencer, City Clerk at. (850) 833- 9509 to make a request. For ijearing " Impaired dial the City Hall TDD # 850~833. 9925 ' or1-800-955- 8711{ TDDJor1. 11~ 955. 8170 (VOICE). . Request$ mus.t be rticeived at least 48 hours in advance of the meeting in order to allow the City time to provide the requested service. 2010374