Fort Walton Beach Ordinance — 1619--Review LOS and Other Developmental Activities — reading text

ORDINANCE 1619 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 20-26, COMMITTEE TO REVIEW LEVEL OF SERVICE AND DEVELOPMENT ACTIVITIES; DELETING CURRENT REQUIREMENTS AND ADDING NEW REQUIREMENT FOR ANNUAL REPORT ON FACILITY CAPACITY; SETTING FORTH REQUIREMENT OF THE ANNUAL REPORT; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION I. Authority. The authority for enactment of this ordinance is Section 2 of the City Charter, Section 166.021, Florida Statutes, and Section 163.3174, Florida Statutes. SECTION ll. Article Il. Administration and Enforcement, Division 1. Generally, Section 20-26. Committee to Review Level of Service and Development Activities. Article 11. Administration and Enforcement, Division 1. Generally, Section 20-26. Committee to Review Level of Service and Development Activities, is hereby amended as follows: Section 20-26. Annual Report on Facility Capacity. (a)_On an annual basis the community development services department shall issue a facility capacity report indicating the facility capacity status for each public facility having an adopted LOS standard. The extent of the remaining capacity available for each fiscal year shall be made available to the general public within thirty (30) days of the start of each fiscal year. The public works department shall be responsible for determining the water and wastewater facility capacity status to be included in the facility capacity report. Capacity status shall be determined in accordance with the City’s water/wastewater capacity policy. (1) Nothing herein shall preclude the issuance and effectiveness of amendments to the annual report if updating or correction is deemed necessary for: errors in preparation, the impact of issued development orders or permits, as monitored by the community development department if such monitoring indicates an una table degradation to an adopted LOS standard: or changes in the status of capital improvement projects of the state or any local government which changes the underlying assumption of the annual report. (2) Under no circumstances will an amended annual report divest those rights acquired prior to the amended annual statement except where a divestiture of such rights is clearly established by the city council to be essential to the health, safety or welfare of the general public. (b) As provided in the plan, the capital improvements element shall be updated annually during the budget review process. The annual report on facility capacity, prepared in conjunction with the budget review process shall be prepared not later than June of each year and shall include a forecast of the capacity of existing and planned capital improvements identified in the five-year schedule of capital improvements. The forecast shall be based on the most recently updated schedule of capital improvements for each public facility. The community development services department shall also annually revise relevant population projections, update public facility inventories, update unit costs, and update revenue forecasts in cooperation with the finance department. The findings of the community development services department shall be fully considered in 3 preparing any proposed amendments to the capital improvements element, any proposed amendments to the city annual budget for public facilities and the review of and issuance of development orders during the next year. (c) Based upon the community development services department's report described above, the city manager shall annually propose to the city council any amendments to the capital improvements element, the city’s annual budget for capital improvements made necessary by circumstances described in the report. SECTION IV. Conflicts. All ordinances or parts of ordinances in express conflict with any of the provisions of this Ordinance are hereby repealed. SECTION V. Severability. The sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable. If any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared invalid, unconstitutional or unenforceable by the valid judgement or decree of the court of competent jurisdiction, such invalidity, unconstitutionality, or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance. SECTION VI. Effective Date. This Ordinance shall take effect immediately upon approval by City Council and the signature of the Mayor. ADOPTED: g MAYOR: ATTEST: g elen Spencer City Clerk Approved as to form and legal sufficiency. sou flag Toni L. Craig oo City Attorney WES. OBELE: Strikethroughs-are-deletions; underlining is an addition. 4 CITY OF FORT WALTON BEACH, FLORIDA NOTICE OF PUBLIC HEARING A PUBLI RING wi . the Council Chambers tor inne on the following proposed ordinance at 7:00 p.m. on Tuesday, March 8, 2005, i will consider ite ade ort alton Beach City Hall, 107 Miracle Strip Parkway, SW, at which time the City Co , a option into law. The ordinance in its entirety may be inspected at the Office of the Cit: tet beg 1877 CITY_OF FORT WALTON BEACH, FLORIDA ORD. 1619 NOTICE. OF PUBLIC HEARING ee A PUBLIC HEARING wil AN ORDIN eld on the following AUTHOR OF THE crry OF FORT WALTON BEACH, FLORIDA; PROVIDIN 3.8 "2m. °on Tuesday, een TION 20-26, COMMITTEE TO REVIEW LEVEL OF SERVIC Morh® 42005" ot For ACTIVITIES; DELETING CURRENT REQUIREMENTS A ADDING Council Chamber at Fort Walton Beach City Hall, REQUIREMENT FOR ANNUAL REPORT ON FACILITY CAPACITY: SETTING 42, ues Si, hak RE , SW, at which fi QUIREMENT OF THE ANNUAL REPORT; REPEALING CONELICTING PROVI te’ciy Counc wal com PR h will con- OVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. tise” the ordre in ice of th Any person i . : at the Office o recon aE theore decides to appeal any decision made with respect to any matter considered at such hearing wi workin hours At Ser gs, and for such purpose may need to ensure that a verbatim record of the proceedings i ig . . rties- may ‘appear which record incl ; ; rh “meeting and be rd includes the testimony and evidence upon which the appeal is to be based (FS286.0105). Reard with respect to this ti ay be inspected entirety may be | pe tay roposed ordinance. The City of Fort Walton Beach adheres t i i 1619 o the Americans with Disabilities Act and will AN ORDINANCE Of for access to this meeting upon request. Please call the City Clerk, Helen Spencer at 350.853.9500 0 ae CREACH HORIDA ; . neetin BEACH, FLORIDA; or Hearing Impaired dial 1-800-955-8771 (TDD) or 1-800-955-8770 (VOICE) or the City Hall TDD #850-83: Ti F ; PROVIDING ADEE AU. equests must be received at least 48 hours i ing i | retested service in advance of the meeting in order to allow the City time to I aay oR arst Helen QUIREMENT FOR AN- elen Spencer NUAL REPORT ON FA: City Clerk CILY CAPACITY; SET 833.9509 TING. FORTH” REQUIRE- MENT OF THE ANNUAL AN REPORT. REPEALING RSRhlictné PROVI- ~~ PROVIDING aS RABILITY,, AND FOR PROVADI AN EF- FROME DAE. Any person who decides to appeal any decision made with respect to an matter considered at suc! earing will need a rec ord of the proceedings, and for such purpose may need to ensure that a verbatim record of the roceedings: is made, Which record includes the testimony and evidence upon which the appeal is to e - based F$286.0105). fe City of Fort Walton Beach ‘adheres to the Americans with Disabili- ties Act and will make reasonable modifications for access to this meetin upon request, Please ca he City Clerk, Helen Spencer. at 850-833-9509 to make a request. For Hearin Impaired ig 850.955-8771._ (IDD 1800-95 ice) see cay Hal Y fo} VOICE) 50833-0925 Requests must be re ceived at least 48 hour in advance of ‘the mee ing in order to allow th City time to provide re quested service. Leg. 1877 Feb. 25 2005