Fort Walton Beach Council agenda — 09-11-12 regular — reading text

ORDINANCE ( ID # 1925) City Council Pending  ORDINANCE ( ID # 1925) AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, FLORIDA, AMENDING SECTION 1. 06. 02 OF THE LAND DEVELOPMENT CODE, TO AMEND BOARD MEETINGS; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, THAT THE CODE OF ORDINANCES OF THE CITY OF FORT WALTON BEACH IS AMENDED AS FOLLOWS: Section 1. Authority and Intent The authority for enactment of this ordinance is contained in Chapter 166021 and other provisions of the Florida Statutes and section 2 of the City Charter. Section 2. Amendment of Section 1. 06.02, Meetings, hearings, and workshops Section 1. 06. 02( E), Meetings, hearings, and workshops of the Land Development Code, is hereby amended as follows: 1. 06. 02( E) Meetings, hearings, and workshops E. Meetings, hearings, and workshops 1. Each board shall establish a regular meeting day, time, and place. 2. Special meetings and workshops may be called by the chairperson or upon the majority vote of members at a regular meeting. 3. When required, a public hearing may be held during a regular or special meeting, provided that notice has been given in accordance with the requirements set forth in Section 9. 04. 00. 4. When a public hearing is a quasi-judicial hearing, the hearing shall comply with the requirements set forth in Section 9. 06. 00. 5. If there is no business scheduled for a regular meeting prior to the deadline for applications, the Chairperson may cancel the regularly scheduled meeting. Section 3. Effective Date This Ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. Adopted:  ORDINANCE ( ID # 1925) Mike Anderson, Mayor Attest: Approved for legal sufficiency. Helen Spencer, City Clerk Hayward Dykes, City Attorney New language is underlined. Deleted language is stfieken. Codification Instructions: Section 1 and 3 not codified. Sections 2 codified and numbered as stated into the City of Fort Walton Beach Land Development Code. Mike Anderson, Mayor Attest: Approved for form, legal sufficiency Helen Spencer, City Clerk Hayward Dykes, Jr., City Attorney Additions are underlined; deletions are ° tree e  v y City Council of Fort Walton Beach ENGINEERING & UTILITY SERVICES MEMORANDUM To: Michael D. Beedie, City Manager From: Michael Beedie, Engineering & Utility Services Director Date: September 11, 2012 Subject: 1869 - Repeals 2007 CRA Plan to Adopt New Plan 1. BACKGROUND: 1. 1. On November 22, 1977, City Council adopted Resolution 77 -38, finding that an area in the City contained slum and blight conditions, which created the community redevelopment area. 1. 2. Subsequent ordinances and resolutions created an expanded area to the CRA, and adopted a CRA Plan. 1. 3. The last update to the CRA Plan was adopted by Ordinance 1747 on December 11, 2007. 2. DISCUSSION: 2. 1. Because the last version of the CRA Plan was adopted by ordinance, it can only be repealed by ordinance if the Plan is to be updated / replaced. 2. 2. Ordinance 1869 repeals the 2007 CRA Plan and allows the 2012 CRA Plan to be adopted by resolution. A resolution has been drafted to adopt the 2012 CRA Plan. 3. FINANCIAL INFORMATION: 3. 1. Ordinance 1869 has no direct financial impact to the City. 4. RECOMMENDATION: 4. 1. Staff respectfully recommends City Council approval of Ordinance 1869 to repeal Ordinance 1747, which repeals the 2007 CRA Plan. ATTACHMENTS: Ordinance 1747 ( PDF) SIGNATURE BLOCK: Stella Jones Completed 08/ 31/ 2012 8: 34 AM Tim Bolduc Completed 08/ 31/ 2012 11: 16 AM City Attorney Completed 08/ 31/ 2012 11: 22 AM Michael Beedie Skipped 08/ 30/ 2012 5: 18 PM Carole Jones Completed 08/ 31/ 2012 1: 28 PM City Manager Completed 09/ 05/ 2012 8: 16 AM City Council Pending DOC ID: 1940 A Page 1  ORDINANCE ( ID # 1940) AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, FLORIDA, REPEALING ORDINANCE 1747, WHICH REPEALS THE 2007 COMMUNITY REDEVELOPMENT AREA PLAN; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: ORDINANCE 1869 AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, REPEALING ORDINANCE 1747, WHICH REPEALS THE 2007 COMMUNITY REDEVELOPMENT AREA PLAN; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Authority and Intent A. The authority for enactment of this ordinance is contained in Chapter 166.021 and other provisions of the Florida Statutes and section 2 of the City Charter. B. The intent of this ordinance is to repeal Ordinance 1747, repealing the 2007 CRA Plan, in order to adopt the 2012 CRA Plan. The 2012 CRA Plan will be adopted by resolution of the City of Fort Walton Beach. Section 2. Repeal of Ordinance 1747 Ordinance 1747 is hereby repealed, a copy of which is attached hereto. Section 3. Severability If any section, phrase, sentence, or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 4. Effective Date This Ordinance shall take effect immediately upon approval by the City Council and  ORDINANCE ( ID # 1940) signature of the Mayor. Adopted: Mike Anderson, Mayor Attest: Approved for legal sufficiency. Helen Spencer, City Clerk Hayward Dykes, City Attorney New language is underlined. Deleted language is strieke Codification Instructions: Section 1, 2, 3, and 4 not codified. Mike Anderson, Mayor Attest: Approved for form, legal sufficiency Helen Spencer, City Clerk Hayward Dykes, Jr., City Attorney Additions are underlined; deletions afe stfieken.  11. 2.a R$ AAINt3 let / 2nd ORDINANCE 1747 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA ADOPTING THE FORT WALTON BEACt COMMUNITY REDEVELOPMENT AGENCY PLAN DATED SEPTEMBER 2007, AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: 1. The City of Fort Walton Beach has the Authority to adopt this ordinance pursuant to its powers provided in Section 2 of the City Charter and Section 166. 021( 1), Florida Statutes, and the provisions of Chapter 163. 2. Pursuant to section 163. 361, of the Florida Statutes ( 2007), on April 21, 2004, the Board of Commissioners of the Fort Walton Beach Community Redevelopment Agency recommended an update to the Community Redevelopment Agency Plan adopted in 1998. 3. Much of the information in the 1998 plan was outdated and many of the recommendations have been implemented or are no longer applicable. 4. The Community Redevelopment Agency felt that a new plan was needed to address 1) current market trends; 2) methods of enhancing existing housing stock and providing the framework for new attainable housing options; 3) the need for architectural standards to upgrade the quality of new buildings; and 4) the need for increased community policing programs and facilities to address crime and nuisance abatement issues. 5. The proposed 2007 Plan is the result of significant research by City Staff and the CRA Board of Commissioners, along with public input gathered through a series of public workshops and meetings. The 2007 Plan includes all elements required by Chapter 163, Florida Statutes, for a community redevelopment plan. 6. Pursuant to section 163. 355, of the Florida Statutes ( 2007), the City Council of Fort Walton Beach finds that the conditions of the CRA Area as established by the 1998 Plan continue to exist, as described in Section 4 of the 2007 Plan and meet the criteria described in section 163. 340( 7) or ( 8), Florida Statutes ( 2007). 7. There are one or more slum or blighted areas, or one or more areas in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, in the City of Fort Walton Beach. 8. In Section 6 of the 2007 Plan, Attainable Housing Strategies are conservation, or redevelopment, or a discussed. The rehabilitation, combination thereof, of the CRA Area including the development of housing which residents of low or moderate income, including the elderly, can afford, is necessary in the interest of the public health, safety, morals, or welfare of the residents of the city. 9. Therefore, the City Council of Fort Walton Beach hereby approves and adopts the amended Community Redevelopment Agency Plan dated September 2007, which is attached to this ordinance and includes the appendix. 10. Except to the extent specifically provided and stated in the Plan dated