Fort Walton Beach Ordinance — 1756 Amend Cpt 12 Land Devolopment Code — reading text

period under the basis of substantial competent evidence the next review. If, as part of its review, the City makes a finding on the City, following the notice that there has been a failure to comply with the terms of the development agreement, to obtain and ensure compliance with and hearing provisions of this part, may modify the agreement as necessary or revoke the agreement in order to protect the public' s interest, health, safety or the terms of the agreement; welfare. may be J. Amendment, Cancellation Authorized. In addition to being extended, development agreements their successors in interest upon amended or cancelled by mutual consent of the parties to the agreement or by In the event state or federal laws are enacted after the execution of a development proper notice and hearing. with the terms or conditions of a development agreement which are applicable to and preclude the parties' compliance state as is necessary to comply with the relevant agreement, then such agreement shall be modified or revoked or federal laws upon proper notice and hearing. shall be binding upon, and the K. Legal Status of Agreements. The burdens of a development agreement to the agreement. The City' s benefits of the agreement shall inure to, all successors in interest to the parties in effect at the time of the execution of a regulations and policies governing the development of land 1044, pertaining to adoption of the City' s development agreement, including, but not limited to Ordinance Comprehensive Plan, Ordinance 1130, pertaining to Concurrency Management System, and all other 3202, ES., as amended, shall ordinances comprising land development regulations under section 163. govern the development of all land specified in the development agreement for its stated duration. The City laws and policies to then existing development agreements if, after may only apply subsequently adopted one duly noticed public hearing, the City determines anyone of the following: 1 . That such laws and policies are specifically anticipated and provided for in a development agreement; or 2. That such laws and policies are not in conflict with the prior laws and policies governing existing of the land uses, intensities, or densities set development agreements; and do not prevent development forth in existing development agreements; or 3. That such laws and policies are essential to the public health, safety or welfare, and expressly state that they shall apply to existing development agreements; or 4. That substantial changes have occurred in pertinent conditions existing at the tii\1e or approval of certain development agreements; or inaccurate information supplied by 5. That certain development agreements were based upon substantially the owner/developer. L. Enforcement of Development Agreements. The following may file an action for injunctive relief in the Circuit with the provisions of sections Court of Okaloosa County to enforce the terms of a development agreement defined in section 163. 3215( 2), 163. 3220 through 163. 3243, ES.: any aggrieved or adversely affected party as ES., or the state land agency. Otherwise, violations of this chapter planning or a development agreement shall be subject to penalties provided in section 1. 05 of the Code of Ordinances. 13. 303. AMENDMENTS TO COMPREHENSIVE PLAN. or intensity of land uses, or the allowable A. Any changes or alterations involving the type, designation, density, Plan corrections developments within such land use districts, shall be considered plan amendments. be plan amendments. and updates, and adjustment of costs and fees, shall not be deemed to scale development activities shall be B. Requests for plan amendments involving both small- scale and large- submitted to the CDS Director on forms to be provided by the City. The request shall be reviewed by the the City Council for final action. Requests for plan MPB and the MPB shall submit recommendations to amendments small- scale developments may involving be considered by the MPB at any regular or 13.404. special meeting in accordance with section 13- 11  Chapter 13 / Administration and Enforcement Sec. 13. 300./ PLANNING PERMIT PROCEDURES Sec. 13. 305. Amendments to the Code C. Requests for plan amendments involving major development activities will be considered by the MPB twice each year after public notice. Final action shall be taken by the City Council, in accordance with section 13.403. D. The CDS Director shall report to the state land planning agency ( DCA) plan amendments approved by the City Council for consistency review pursuant to ES. ~ 163. 3184. [ See Table 13- 4: Comprehensive Plan Amendment Process - next page] E.The procedure for amendment of the Comprehensive Plan shall comply with the requirements of ES. ch. 163. F. The MPB shall nOlt recommend approval of a plan amendment unless it makes a positive finding, based on competent evidE~nce, on each of the following: 1. The proposed plan amendment will not degrade level of service standards established in the Comprehensive Plan, or minimum concurrency requirements; 2. The proposed plan amendment is in harmony with the general intent of the Comprehensive Plan; 3. The proposed plan amendment will not exceed traffic limitations, cause a fire hazard, or create a hazard to the public health, welfare and safety; 4. A change in land use designation or district must be compatible with adjacent land uses and districts, and one that will not become a potential nuisance; and 5. A change in land use designation or district must be the same land use designation as that on at least one abutting boundary, or the parcel of land must be of sufficient size to justify the designated land use. 13. 304. AMENDMENTS TO THE CODE. [ Refer to Section 1. 03 ( Volume 1) of the Fort Walton Beach Code of Ordinances] Text amendments to the Code may be initiated by the City or private sector ( on forms provided by the CDS Department) with recommendation by the MPB to the City Council who has final authority on any text amendment. 13- 12  Chapter 13 / Administration and Enforcement Sec. 13. 300. 1 PLANNING PERMIT PROCEDURES Table 13- 4: Comprehensive Plan Amendment Process TABLE 1,3- 4: COMPREHENSIVE PLAN AMENDMENT PROCESS LARGE SCALE AMENDMENTS Section 163. 3184. Florida Statutes Affected Person" has 30 days to request DCA conduct review 0 0 D~ I 0 ~ 0 D D D 0 D 0 D 0 D D D 000 000 0 000 No Problems Identified Problems Identified If Plan Amendment is adopted, " Affected Person" has 21 days to petition DCA for an Administrative