Fort Walton Beach Ordinance — 2153--Amending LDC Section 6.06.00 Prohibit Commercial Transit and Amortization Period — reading text

pause to pick LIP and drop off passengers. Commercial Transit Stop: See Commercial Bus Stop. Intercity Common Carrier Bus Service: An Intercity Common Carrier Bus Service is owned and operated by a private party and utilizes a ticketing system, typically charging passengers a fare based on the len h of their ' oumg . Intercity Common Carrier Bus Services provide fixed scheduled routes between different cities and regions and provide services over much greater distances than Public Bus Services. Public Bus Service: A Public Bus Service is a form of transportation operated or funded by a local govemment or regional transit authorily, designed to provide mass transit services exclusively to areas within Okaloosa County, Florida. Public Bus Service buses run on specific routes accordinQ to a set schedule facilitating daily commutes and travel within a limited geographical area. Public Bus Sto : A Public Bus Sto is a desi ated oint along a bus route o erated b a Public Bus Service where buses stop to ick up and drop off passengers. School Bus: A School Bus is a bus used to transport students to and from: 1 a school. or (2) a school related extracurricular activity. or ( 3) school related athletic activity_. School Bus Stop: A School Bus Sto) is a designated place where students are picked u and dropped off by a School Bus. 6. 06. 02 Commercial Bus Stops Prohibited within City Limits A. Existinu Commercial Bus Stops. Any existing Commercial Bus Stop land uses within the City shall be prohibited and discontinued after an amortization period of one year ending on September 10 2025. If the Commercial Bus Stop land use is not discontinued within ten 10 da s of the end of the amortization period, then the property where the Commercial Bus Stop is located, along with the owner of the subject property, shall be in violation of the Land Development Code declared a nuisance sub' ect to code enforcement under section 9. 10 of this Land Development Code, and subject to any legal, equitable or statutory remedy available to the City.  B. Immediate Prohibition. No additional Commercial Bus Stops may be located within City limits after September 10. 2024. C. Petition For Extraordinary Extension Of Amortization Period For Discontinuation Of Commercial Bus Stops. Anyperson whose legally protected economic interests are adversely affected by the discontinuance of Commercial Bus Stop land uses mandated by this law, and who believes that the amortization period specified in section 6. 06. 02 A. of the Land Development Code is inadequate to recover their investment shall be entitled to petition the Ci for an extraordina extension of time as provided in this section. 1. Time of Petition - The petition must be filed with the Cite Clerk on or before the close of business on or before December 10 2024 3 months after passage of Ordinance). 2. Contents of Petition — The petition must state: a) Identification: Thepetitioner's name mailing address e- mail address if M, and telephone number of the pglly making the reguest and the name address and tele hone number of the party's counsel if the VaM is re resented by counsel,• b) Standing: A detailed description of the etitioner's legally rotected interest adversely affected by the mandated discontinuance of Commercial Bus Stop cc) R nested Extension: The length of the extraordinaa extension,• d) A statement of the specific facts and grounds for relief petitioner contends warrant the extraordinn extension demanded. The specific gounds for relief under this section the s ecific relief sought including the exact amount of time requested, el All documents including a list of all witnesses or other evidence in saport of the petition; and fq Any other matters petitioner deems relevant. 3. Grounds for Extension: In considering whether to grant all or an 2ortion of the extension demanded the Cily shall examine: a) Whether the petition is com Tete b) Whether the petitioner has standing, c) Whether the petitioner has demonstrated by a 12rgRonderance of the evidence circumstances uni ue to the petitioner which Rrevent the petitioner from recouping its investment in the Rropgrtaffected by the discontinuance within the amortization period. d) The amount of the petitioner's investment in the Commercial Bus Stop Use business through the effective date of this ordinance, e) Whether unique circumstances exist which will prevent the petitioner from recoLiping the amount of such investment that has been or will have been unrealized at the conclusion of the one- year amortization period,•  ff) expectancyof the existing The life expectangy ro . ert associated with the non- conforming use; gZ The diminished value if an of any real Propegy owned by the petitioner as a result of the mandatory discontinuance of the existing Commercial Bus Stop on the property; and h) The diminished value if any, of a leasehold held by the petitioner as a result of the mandatoKy discontinuance of the existing Commercial Bus Stop land use on the ro )ert. as well as an contingency clauses therein pennitting termination of such lease. 4. Procedure: Within ten ( 101 days of receipt, the City Clerk shall 1 forward a timely fled petition and s= orting documents to the Cily Manager and a copy to the Cit Attornev. and ( 2) schedule a Ouasi- Judicial Hearing before the City Council, which shall be held within ninety ( 90) days of receipt of the Petition. aZ No later than ten [ 10) dans before the scheduled hearing, the City Manager shall file and serve upon the Retitioner a response to the petition together with copies of an documents and a witness list. b) The petitioner shall bear the burden of proof to prove entitlement to the extraordingy extension demanded by a preponderance of evidence. c) At the hearing, evidence including written or oral testimony and documentary evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the courts of Florida. ALiy witness shall be subject to cross examination when testimon is taken or documents are made part of the record. No pleadings, motions or other RqPers mLay be submitted nor any discovery conducted other than that allowed under this section shall be ermitted. Each party shall be entitled to a brief opening and closing argument, unless waived. The petitioner shall give opening and closing ar ument first and shall be afforded an additional rebuttal to the City's closing ar - _ment. 5. Recommended Order of City Council. Unless the time period is waived or Council shall issue a recommended order in extended with the consent of all 12arties, the Ci writiniz and include findings of fact if any, conclusions of law separately stated and an recommended extraordinM extension. The City Council' s recommended order must be rendered to the Rarties and the Cily Council within nine 90 dgXs after the hearing. L. Appeal. A petitioner agarieved by a decision of the Cily Council mLay seek review by certiorari in the Circuit CourtFirst Judicial Circuit Okaloosa County, Florida which shall be the exclusive remedy to challenge the decision or authori1y of the City Council. SECTION 4. Repeal. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict.  SECTION 5. Findings. The City Council of the City of Fort Walton Beach, Florida, finds that: The Local Planning Agency reviewed and recommended approval of Ordinance No. 2153 on August 1, 2024. The proposed ordinance is consistent with the goals, objectives, and policies of the City' s Comprehensive Plan. All notice requirements for enactment of the ordinance have been met in accordance with the Florida Statutes and the City' s Land Development Code. SECTION 6. Effective Date. This Ordinance shall take effect immediately upon approval on second reading by City Council and signature of the Mayor. Adopted: IU Richard A. Rynearson, Mayor Attest: Approved as to legal form and sufficiency for the Ci of rt Walton Beach, only. L " 2,", Kim M. B ones, City Clei Zomano Kopp, City Attorney Additions are underlined;