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Fort Walton Beach Ordinance — 1756 Amend Cpt 12 Land Devolopment Code — reading text
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Hearing with DOAH
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If
IF NO PETITION IS FILED, IF PETITION IS FILED V 0/
THE PLAN AMENDMENT Finds Amendment in Finds Amendment
GOES INTO EFFECT Compliance Not in C~ mpliance
i.
Affected Person" has 21 days
to petition DCA foran
Administrative Hearing with
DOAH
D D 0 D D D D D D D D 0
F NO PETITION IS FILED.
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THE PLAN AMENDMENT
Finds Amendment
Finds Amendment in
GOES INTO EFFECT
Compliance Not in Compliance
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r I D 0 D 0 D D D.
o 0 0 0 D 0 0
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Finds Amendment in Finds Amendment
com~:~ance Not in Compliance
Affected Person" has 30 days
to petition DCA foran Ii'
Administrative Hearing
withDOAH
M
Affected Person" has 30 days to petition DCA for an
Administrative Hearing with DOAH
IF NO PETITION IS FILED
THE PLAN AfVlENDMENT
if DCA -- Department of Community Affairs
GOES INTO EFFECT
DOAH - Division of Administrative
IF NO PETITION IS FILED. THE PLAN
Hearings
AMENDMENT GOES INTO EFFECT Administrative Commission - The
Governor and Cabinet meeting together
13- 13
Chapter 13 / Administration and Enforcement
Sec. 13. 300./ PLANNING PERMIT PROCEDURES
Sec. 13. 305. Rezoning
13. 305. REZONING
Rezoning" means the initial zoning or a change in the zoning classification of a parcel or parcels of land
on the City Zoning Map.
A. Application for ci Rezoning
An application to rezone land may be initiated by the City or by the owner of the land to be considered for
rezoning.
1. Application Filing. The owner or an authorized agent for the owner of property to be rezoned
shall file an application for rezoning with the CDS Director and pay the required application fee.
2. Application Information. The application shall provide the following information:
a. Legal names of each of the owners of the subject property including their business and home
addressE!s and telephone numbers;
b. If any owner is a business entity such as a partnership, corporation or joint venture, the
names and business addresses of all partners and officers, as appropriate, and telephone
numbers;
c. The le!
gal description of the subject property;
d. A copy of the deed or deeds conveying the subject property to the current owner;
e. If the applicant for rezoning is a representative of the owner, evidence of agency in the form
of a letter, affidavit or other document satisfactory to the City Attorney; and
f. Any other information required by the CDS Director.
B. Review by MPB
After review of the application by the CDS Department, the CDS Director shall have a draft ordinance
prepared, which, if adopted by the City Council, would effect the proposed rezoning and shall forward the
application and ordinance to the MPB for consideration. The MPB shall review a proposal for rezoning and
shall make an advisory recommendation to the City Council as to the need and justification for the change and
the relationship of the proposed change to the goals, objectives and policies of the Comprehensive Plan and of
this Code. The MPB shall include in its recommendation to the City Council any information which it deems is
relevant to issues relating to the proposed rezoning.
C. Criteria for Con~sideration by MPB
The MPB shall consider the following criteria:
1. The existing land use pattern;
2. The possible creation of an isolated district unrelated to adjacent and nearby districts;
3. The pop1ulation density pattern of the area and possible increase or overtaxing of the load on
public facilities such as SGhools, utilities and streets;
4. The possible overloading of the City' s sewage collection, treatment and disposal facilities;
5. The possible overloading of the City' s drainage system;
6. The existing district boundaries in relation to existing conditions on the subject property;
7. The existence of changed or changing conditions which make the passage of the proposed
rezoning necessary or appropriate;
8. The impact of the proposed rezoning upon living conditions in the adjacent neighborhood;
9. The impact of the rezoning and allowable development upon the flow of light and air to adjacent
areas;
10. The impact of the proposed rezoning upon property values in the adjacent area;
11. The impact of the proposed rezoning upon improvement or development of adjacent property in
accordance with existing regulations; and
12. The existence of other adequate sites in the City for the proposed use in districts already
permitting such use.
D. Review and Consideration by City Council
The City Council shall review and consider an application for rezoning as soon as reasonably possible
after the MPB makes its recommendation. The CDS Director shall prepare a written report to submit to the City
Council which includes the recommendation of the MPB and the draft ordinance. The City Council shall hold two
hearings to consider an application for a proposed rezoning. If the City Council approves the application for
rezoning, the rezoning ordinance becomes effective as provided in the body of the ordinance.
13- 14
Chapter 13 / Administration and Enforcement
Sec. 13. 300. / PLANNING PERMIT PROCEDURES
Sec. 13.305. Rezoning
E. Reconsideration of Application
for rezoning of the same
If the City Council denies an application for rezoning, a similar application
subject property may not be filed for two years after such denial.
TABLE 13- 5: PLANNING PERMIT REVIEW AUTHORITY
Planning Permit/Development
A roval
