Fort Walton Beach Ordinance — 1130--Concurrency Management — reading text

READING) DATS City of Fort Walton Beach |as LALLY, and Ovdinance __ 1130 AH ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO CONCURRENCY MANAGEMENT ; PROVIDING FOR DEFINITIONS; PROVIDING FOR CONCURRENCY REVIEW-GENERAL REQUIREMENTS; PROVIDING FOR DEMINIMUS DEVELOPMENT; PROVIDING FOR FINAL LOCAL DEVELOPMENT PERMIT; PROVIDING FOR MINIMUM REQUIREMENTS FOR CONCURRENCY; PROVIDING FOR CONCURRENCY EVALUATION; PROVIDING FOR METHODOLOGY FOR CALCULATING PROJECTED DEMAND FOR CERTIFICATES OF CONCURRENCY; PROVIDING FOR ACTION UPON FAILURE TO SHOW AVAILABLE CAPACITY; PROVIDING FOR APPEALS; PROVIDING FOR INTERPRETATION; PROVIDING FOR AUTHORITY; PROVIDING FOR ANNUAL REVIEW OF LEVEL OF SERVICE STANDARDS, DEVELOPMENT ACTIVITIES, AND CAPITAL IMPROVEMENTS ELEMENT; AMENDING CHAPTER 1220, MUNICIPAL PLANNING BOARD, SECTION 1220.04, PROVIDING FOR DUTIES; AMENDING CHAPTER 250, DEPARTMENT OF PUBLIC WORKS, SECTION 250.01, PROVIDING FOR ESTABLISHMENTS, SUPERVISION; AMENDING SECTION 250.04, PROVIDING FOR DIVISION OF BUILDING AND ZONING; AMENDING CHAPTER 1220, MUNICIPAL PLANNING BOARD, SECTION 1220.07, PROVIDING FOR AUTHORITY TO CALL UPON OTHER BRANCHES OF GOVERNMENT FOR ASSISTANCE; AMENDING CHAPTER 1262, ADMINISTRATION, ENFORCEMENT AND PENALTY, SECTION 1262.01 PROVIDING FOR AUTHORITY; PROVIDING FOR AUTHORITY OF CITY MANAGER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT WITH OTHER ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION I. Definitions. Certificate of Concurrency: The certificate issued by the City of Fort Walton Beach upon finding that an application for a Development Permit will not resuit in the reduction of the level of service standards set forth in the Fort Walton Beach Comprehensive Plan for Public Facilities and Services. Concurrency Management System: The procedures and processes utilized by the City of Fort Walton Beach to determine that Development Permits, when issued, will not result in the reduction of the level of service standards set forth in the Fort Walton Beach Comprehensive Plan. Development: Any construction, reconstruction or any use of real property which requires issuance of a Development Permit. Development Permit: Development permits are the following: a. Building Permit. b. Site Plan Review as set forth in Section 1283.03 of the Codified Ordinances of the City. ce. Establishment of a Site Specific Zone as set forth in Section 1283.15 of the Codified Ordinances of the City. d. Development Parameters (Zero-lot line concept) as set forth in Section 1284.03 of the Codified Ordinances of the City. e. Rezonings. f£. Preliminary and Final Plat Approval. fi Variances. h. Development Orders for Developments of Regional Impact as defined in Section 360.06, Florida Statutes. + Most Beautiful Beaches YI VO-E-F/ LITHO BY VITRO PRESS 1 Final Local Development Permit: A Developrent Permit issued prior to July 24, 1900, under which Developient hag commenced and has continued in good fait Public Facilities and Services: Shall mean the following public Facilit services for which level of service standards have been established in the Fort Walton Beach Comprehensive Plan: (a) Potable Vater. (b} Wagtewater. (c) Solid Waste. (d) Recreation/Open space. fe) Stormwater wanagement. (f) Transportation, Fort Walton Beach Comprehensive Plan: Shall mean the comprehensive plan adopted by Ordinance No. 1044 on July 24, 1990, by the City Council pursuant to Chapter 163, Part II, Florida Statutes, as said plan may be amended from time to time. eeCTion IT. Concurrency Review - General Requirements. A Certificate of Concurrency shali be required prior to the issuance of a ermit, the issuance of the Certificate of Concurrency shall occur prior to the ‘gssuance of the initial Development Permit. A Certificate of Concurrency shall automatically expire simultaneously with the expiration of a Development Permit to which it applies. In the event that e time extension is granted prior to the expiration of a Development Permit, then the accompanying Certificate of Concurrency shall be automatically renewed for the length of the time extension. Development Permit. If a Development wiil ceguire more than one Development P i SECTION Tit. De winimis Development. If a proposed Development relates to land use of such a low intensity as to have a de minimis effeet, if any, upon the level of service standards set forth in the Toct Walton Beach Comprehensive Plan, the Development shall be exempt from concurrency review. Developtient Permits for single-family dwellings and additions to or the erection of structures less than 1,500 square feet, which generates less than 50 trips per day, utilized for nonresidential purposes shall £ be deemed de mininis. A Certificate of Concurrency shall be issued for the de winimis Development. SECTION IV. Final Local Develeoptient Perwit. A Development for which a Final Local Development Permit has been issued shall not require a Certificate of Concurrency. Minkium Requireuents for Concurrency. £ In order to obtain a Certificate of Concurrency, one of the following conditions must be satisfied: (a) and Services are in place at the time ON fay ret. on — es apy he . eaten a ed . de 7 wld t. wads gy Co} The Development Permit is issued subject to the condition that the necessary Public Facilities and Services shail be in place when the impacts of the Development occurs or, {ec} The necessary Public Facilities and Services are under construction at the t: the Development Permit is issued; or d The necessary Public Facilities and Services are guaranteed in an J & enforceable development agreement, pursuant to Seetions 163.3220 through 163.3243 or an agreement or development order issued pursuant to Chapter 380, Florida Statutes; or (b) (c) (d) he necessary Public Tacilities and Services are the subject of a binding executed contract between the City and a contractor which provides for the commencement of the actual construction of the required facilities or the provision of ser vices within one (1) year of the issuance of the developiient peruit. This provision only relates to parks and vecreation Facilities and roads. SECTION Vi. Concurrency Evaluation. {ad Potable Water, Wastewater, Storuwater Hanagement, Solid and Recreation/Open Space: The concurrency evaluation shall compare the available capacity to the dewand of the proposed Development. The available capacity shall be detexuined by adding together; 1 The total of the existing excess capacity, if any, anid ™~ remy te on bo ww The total future capacity of any proposed construction or expansion that meets the requirements of Section V of this ordinance. Trangportation: The evaluation for a Certificate of Concurrency shall compare the existing level of service standards established by the Fort Walton Beach Comprehensive Plan for the impacted roads. The level of iad upon existing roads, including any proposed ents to those roads, meeting the miniuum requirements for orth in Section VY of this ordinance. as service shall he Lbiprover concurrency set An applicant for a Developwent Permit shall provide the City with all information required by the City so as to enable the concurrency evaluation to be made, to include all of the information required in the "Methodology for Calculating Projected Deniand for Certificates of Concurrency". After the City determines that a Certificate of concurrency will not be issued, that Netermination shall be reduced to writing, signed by the official making the determination, and sent by U.S. Nail to the applicant. SECTION Vit. Nethodology for calculating projected demand for certificates of coneurrerncy shall be as Foliovs: Peon) MIODOLOGY FOR CALCULATING PROJECTED DEMAND FOR CERTIFICATES CONCURRENC PURPOSE. The purpose of this regulation is to set forth the wethodology for calculating the projected dewand of 4 proposed project described in an application for a Development Permit on Public Facilities and Services, in sued order to detertine whether a Certificate of Concurrency should be ise as to implement this ordinance. bh 2 [omy Ce Te ms ta FACILITY /SERVICE DEMAND Gil 4 1 i calculations shail be used to deter Tne following jected dewend of the proposed project described in an application for a Dev opment Permit on the Public Facilities and Services. The calculations are listed by Public Facility and Service type. The information necessary to enable the od t City to perfor the Pac ilaty/Servace demand calculations in “Parag raphs 2(A) through 2(F) shall be provided by the applicant to the Ci o ES Me Yr ine the pro el el faye 4 A. Potable Water Adopted LOS = 150 gal/day/capita (non-residet rtial the adopted LOS) 1/1/96 - 12/31/94:150 gal «x 2.68 persons/household x 1/1/90 - 12/31/99:150 gal x 2.59 persons/household x o Fs D. Wastewater Adopted LOS = 115 yal/day/capita (non-residential the adopted LOS) 1/1/90 - 12/31/94:115 gal x 2.68 persons/househol d x 1/1/95 - 12/31/99:115 val «x 2.59 persons/househoid x ce Stormwater Hanegement Adopted LOS = 25-year, 24-hour storm event Drainage calculations shall meet the standards uses are included in units = demand units = demand uses are included in units = demand units = deinand adopted by the Public Works Department and the Fort Walton Beach couprehensive PL an (1990). v. Solid Vaste Adopted LOS = 5.0 lbe/day/capita (non-residential uses are included in the adopted LOS) 1/1/80 - 12/31/94:5.0 lbs x 2.68 persons/housebold x nits = 1/1/95 - 12/31/99:5.0 lbs x 2.59 persons/nousebold x units = E. Recegation/Open Space Adopted LOS = 15 acres per 10,C00 population 1/1/90 - 12/31/94: Project population = units 2 2.68 persons/househoid 1/1/95 - 12/31/99: Project population = units «= 2.68 persons/household F. Transportation Refer to the Fort Walton Seach Couprehensive adopted level of service standards. 1. Detertiine number of trips the P.M. peek hour using below with no adjustment for internal 2. If the total number of trips is equal to or a transportation study shall be done. The either American fT and/or sealed by member of the a res “netitute of Certified greater report stered Professional the care’ 2 ry Flan (19°00) genereted by the proposed project during the Trip Characteristics capture of pas Table peovided passerby trips. than 50 shall be ineer Eng Planners. ae Tf no study is required, the applicant is required to provide only the existing directional P.M. peak hour traffic volumes ané Level of service for the roadway Link to which project Gr eveweys connect. This information shall include project traffi b. The data shell be conformance with Votes 2a. and 2b. of Sub-Sectiion 4-C, ting conditions", below. PERFORMANCE OF TRANSPORTATION STUDY If a transportation study is required, it shall be obtained and submitted by the applicant for a development permit, at the applicant's sole expense, until such time as purpose. the City has by the consultant to perform administrative costs. The transportation study shall be requirements set forth in Subsection REQUIREMENTS OF A. Preepplication Neeting A preapplication meeting between selected consultants The applicant shall reimburse the City for the total fee charged the transportation to employ for this study, to include City performed in accordance with the below. the City Manager or his designee and the applicant is required. The purpose of this meeting will be to review the methodology and procedure and to deteruine the study 5 period, This will usually be yi 3. Define Study Area 4 The study area shall be based upon average trip length generé proposed development as listed in a P.M. peak hour analysis; however, other tine periods may require analysis. ed by the le at the Trip Characteristics Table below. TRIP CHARACTERISTICS LAND