Fort Walton Beach Council agenda — 10-12-2006 ‎(regular)‎ — reading text

Mr. Minich nominated Lisa Courtney, 221 Beachview Drive, to serve on the Code Enforcement Board, as an alternate, for the unexpired term until April 26, 2007. The Mayor asked if there were any other nominations. As there were no further nominations, the Mayor called for vote on the nomination of Lisa Courtney to serve on the Code Enforcement Board, as an alternate. for the unexpired term until April 26, 2007, and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor.  Regular Council 9- 26- 06 65 MAYOR/COUNCIL ANNOUNCEMENTS Mr. Minich mentioned the Dog Daze event on September 30 and encouraged everyone to come out and support the Police Chiefs fundraiser for the Police Canine Fund. Mr. Hartwell advised he has sent e- mails to the NW Florida Fair Association requesting copies of their Board minutes but has not received a response. He whether it was appropriate to questioned direct the City Attorney to request those minutes on behalf of the so information can be City gathered to help in the decision making process regarding the fairgrounds property. The City Attorney advised it is a public records request and she can request those minutes on behalf of the City if directed by Council. Mr. Hartwell moved to direct the City Attorney to request the minutes of the NW Florida Fair Association be provided to members of the City Council. Mr. Tucker seconded motion. Mr. Hartwell stated he hoped the minutes would provide information regarding Fair Association' s plan regarding the abandonment plan to help Council in their discussions of the future of the fairgrounds. Some members of Council felt the request was for the benefit of one or two members of Council, and not of the Council as a whole. The Mayor called for the vote on the motion and it carried by a vote of 5 to 2 with Holmes, Campbell, Tucker, Pullen, and Hartwell in favor and Patterson and Minich opposed. Dr. Pullen stated his opinion that the City Attorney be kept informed of all legal matters on events that occur within the City. Mr. Campbell commended his fellow councilmembers for the professional manner in which they conducted themselves this evening. Mr. Patterson received clarification from the City Attorney that any letters, etc., she does at the request of Council requires a motion from the Council. Mr. Holmes echoed the comments of Mr. Campbell regarding Council's conduct this evening. The Mayor commented on the article written on Chief litschauer' s " Treasure Chest" for children; thanked Mr. Campbell for sitting in for him during the budget meeting; complimented Staff for working on the United Way team in fixing up homes and grounds in the community; and requested the topic of the October workshop be Roberts Rules of Order based on recent memos from the City Attorney on " Form VS. Function." CITY MANAGER ANNOUNCEMENTS The City Manager had no announcements this evening. ADJOURNMENT There being no further business, the meeting adjourned at 11 : 30 p. m. APPROVED: MAYOR: ATTEST: CITY CLERK Ive  CITY COUNCIL MEETING October 10, 2006 Quasi Judicial Agenda Consideration of Ordinance 1707, amending the Comprehensive Plan relating to property located at 653 Country Club Avenue SE Second Reading) CDS Director) Municipal Planning Board Recommendation: Approval ( 6- 0) ( 9/7/ 06) Council Action 1 st 2nd Vote: Agenda Item Number: QJ - 2  H~ cc 1 ORDINANCE 1707 tl(, 4 - / 1- 2 tV1 / 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 4 FLORIDA AMENDING THE CITY' S COMPREHENSIVE PLAN 5 RELATING TO PROPERTY LOCATED AT 653 COUNTRY CLUB 6 AVENUE NE; PROVIDING FOR AUTHORITY; PROVIDING FOR 7 FINDINGS OF FACT; PROVIDING FOR AMENDMENT OF THE 8 FUTURE LAND USE MAP FOR THE PROPERTY FROM OKALOOSA 9 COUNTY LOW DENSITY RESIDENTIAL TO CITY OF FORT W ALTON 10 BEACH LOW DENSITY RESIDENTIAL; PROVIDING FOR INTERNAL 11 CONSISTENCY; PROVIDING FOR TRANSMITTAL; AND PROVIDING 12 FOR AN EFFECTIVE DATE. 13 14 15 BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF FORT WALTON 16 BEACH, FLORIDA, AS FOllOWS: 17 18 SECTION I.AUTHORITY. The authority for enactment of this ordinance is Section 19 163. 3187, Florida Statutes, Section 163. 3184, Florida Statutes, and Section 2 of the 20 City Charter. 21 22 SECTION II. FINDINGS OF FACT. The City Council of the City of Fort Walton 23 Beach finds the following: 24 25 A. That the comprehensive plan amendment as set forth herein involves land 26 use categories other than residential use of ten ( 10) acres or less. 27 28 B. That the cumulative effect of the comprehensive plan amendment as set 29 forth herein does not exceed one hundred- twenty ( 120) acres annually. 30 31 C. That the comprehensive plan amendment as set forth herein does not 32 involve property for which a comprehensive plan amendment has been granted within 33 the last year. 34 35 D. That the comprehensive plan amendment as set forth herein does not 36 involve the same owner's property within two hundred ( 200) feet of property granted a 37 change within the prior twelve ( 12) months. 38 39 E. The proposed amendment does not involve a text change to the goals, 40 objectives and policies of the Comprehensive Plan, but only proposes a land use 41 change to the future land use map for a site- specific small scale development activity. 42 43 F. The property that is the subject of the proposed amendment is not located 44 within an area of critical state concern. 45 DRAFT 7- 28- 06 46 G. A public hearing has been conducted by the Local Planning Agency, after 47 due public notice, pursuant to Section 163. 3184 ( 15) ( c), Florida Statues, with its 48 recommendations reported to the City Council. 49 50 H. A public hearing has been conducted by the City Council, after due public 51 notice pursuant to Section 163. 3184 ( 15) ( c), Florida Statutes. 52 53 SECTION III. AMENDMENT OF FUTURE LAND USE ELEMENT. The City' s 54 Comprehensive Plan " Directions, The Comprehensive Plan of the City of Fort Walton 55 Beach: 2008", adopted by Ordinance 1401 on August 22, 2000, by the City of Fort 56 Walton Beach, is hereby amended as follows: 57 58 A. That City of Fort Walton Beach Future Land Use Map ( Sheet 3 of 3) of the 59 Future Land Use Element is amended to reflect that the land use designation of the 60 following described properties is hereby changed from Okaloosa County LDR, Low 61 Density Residential to City of Fort Walton Beach LDR, Low Density Residential: Legal 62 Description. 63 64 Lot 3 and the South 30. 75 feet of Lot 2, Block B, Country Club Estates 65 Subdivision, according to the plat thereof, as recorded in Plat Book 3 at Page 41, 66 of the Public Records of Okaloosa County, Florida. 67 68 A copy of the FLUM Map ( Sheet 3 of 3) as amended is attached hereto as Exhibit " A". 69 70 SECTION IV. INTERNAL CONSISTENCY. The comprehensive plan amendment 71 as set forth herein preserves the internal consistency of the City' s comprehensive plan 72 as adopted. 73 74 SECTION V. TRANSMITTAL. The City Clerk is hereby instructed to transmit a 75 copy of this Ordinance and all applicable documents immediately upon adoption to all 76 agencies as provided by Chapter 163, Florida Statutes. 77 78 SECTION VI. EFFECTIVE DATE. The effective date of this small scale 79 development plan amendment shall be 31 days after adoption, unless the amendment 80 is challenged pursuantto Section 163. 3187( 3). F .S. If challenged, the effective date of 81 this amendment shall be the date a final order is issued by the Department of 82 Community Affairs, or the Administration Commission, finding the amendment in 83 compliance in accordance with Section 163. 3184, Florida Statutes. No development 84 orders, development permits, or land uses dependent on this amendment may be 85 issued or commence before it has become effective. 86 87 If a final order of noncompliance is issued by the Administration Commission, this 88 amendment may nevertheless be made effective by the adoption of a resolution 89 affirming its effective status, a copy of which resolution shall be sent to the Department 90 of Community Affairs, Division of Resource Planning and Management 2555 Shumard 91 Oak Boulevard, Tallahassee, Florida 32399- 2100. 92 DRAFT 7- 28- 06 2  93 94 95 96 97 ADOPTED: 98 99 MAYOR: 100 ATTEST: 101 102 103 Helen Spencer, City Clerk 104 Approved as to form and legal sufficiency. 105 106 107 Toni L. Craig, City Attorney 108 109 DRAFT 7- 28- 06 3  Exhibit " An Future Land Use 653 Country Club Ave. NE City of Fort Walton Beach Community Development Services o 100 2DO 300 400 feeI Scale s Prepared by the City of Fort Watton 8e. ch Engineering Division Leoend Oty UmIts FLU-CODE o COUNTY CONSERVATION EDUCATIONAL GENERAL COUMERCIAL HIGHWAY COMMERCIAL INDUSTRIAL PARK CJ lOW DENSITY RES. iIIUGHTtNDUSTR~