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

September 2007, the provisions of this ordinance are an update to the 77 -38, Ordinance No. 752, authority and provisions of Resolution on No. which was supplemented and superseded by Ordinance No. 806, Ordinance No. 726, Resolution 96 -14, or Resolution 98 -10. Therefore, if any part of these ordinances conflict, the conflicting provisions shall be reconciled to make the provisions operative in accordance with the City' s intent of the establishment of the CRA, its boundaries, the termination date in 2026, and consistent with the provisions of Chapter 163, of the Florida Statutes. 11. This ordinance shall take effect immediately upon approval by the City Council. Adopted: Mike Anderson, Mayor Attest: Approved as to form and legal sufficiency d'a- aN. Helen Spencef, City Clerk Toni L. Craig, City Attorn  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: 1867 Amends Code of Ordinances for Consistency with LDC 1. BACKGROUND: 1. 1. On March 27, 2012, City Council adopted Ordinance 1861, enacting a new Land Development Code ( LDC) for the City. 1. 2. There are several overlaps in procedures and regulations between the City's Land Development Code and Code of Ordinances. During the update of the Land Development Code, it was determined which items belonged in the LDC and which items belonged in the City's Code of Ordinances. An amendment to the Code of Ordinances is now needed to provide consistency with the LDC adopted in March 2012 and effective in May 2012. 2. DISCUSSION: 2. 1. Chapter 2 and Chapter 5 of the City's Code of Ordinances both contain language that either conflicts with or overlaps with the newly adopted LDC. The following revisions have been made to Chapter 2 in order to provide for consistency with the LDC: 2. 1. 1. Section 2. 01. 024 has been deleted. It conflicts with Section 9. 06. 01 of the LDC. 2. 1. 2. Section 2. 02, Boards and Committees, General, was modified to clarify that the terms of Board members and vacancy rules outlined in this section only apply to boards and committees specifically outlined in the Code of Ordinances, and do not apply to the Local Planning Agency ( formerly the Municipal Planning Board), Board of Adjustment, and Code Enforcement Board. These boards' rules and procedures are outlined in Chapter 1 of the Land Development Code. Sections 2. 02. 02, 2. 02. 03, and 2. 02. 05 have been revised to reflect this change. 2. 1. 3. Sections 2. 04, 2. 05, and 2. 11 have been deleted. The rules and procedures for the Board of Adjustment, Code Enforcement Board, and Municipal Planning Board ( now Local Planning Agency) are located in Chapter 1 of the Land Development Code. 2. 2. The following revisions have been made to Chapter 5 in order to provide consistency with the LDC: 2. 2. 1. Added Sections 5. 06, 5. 07, and 5. 08 that were deleted from the Land Development Code. These sections deal with property maintenance and nuisances rather than land development issues, and therefore were relocated to DOC ID: 1890 A Page 1  ORDINANCE ( ID # 1890) the Health and Sanitation Chapter of the Code of Ordinances. 2. 2. 2. Section 5. 04.02 was modified to clarify what constitutes a nuisance condition. 3. FINANCIAL INFORMATION: 3. 1. Ordinance 1867 has no direct financial impact to the City. 4. RECOMMENDATION: 4. 1. Staff respectfully recommends City Council approval of Ordinance 1867, amending Chapters 2 and 5 of the Code of Ordinances to provide consistency with the City's Land Development Code. ATTACHMENTS: 0 8 - 14 -12 Ord 1867 re LDC SR ( DOC) 8 - 14 -12 Ordinance 1867 DOC) SIGNATURE BLOCK: Stella Jones Completed 08/ 06/ 2012 5: 50 PM Tim Bolduc Completed 08/ 07/ 2012 3: 33 PM City Attorney Completed 08/ 07/ 2012 4: 14 PM Michael Beedie Skipped 08/ 06/ 2012 9: 35 AM Carole Jones Completed 08/ 08/ 2012 8: 58 AM City Manager Completed 08/ 08/ 2012 10: 30 AM City Council Completed 08/ 29/ 2012 11: 18 AM  ORDINANCE ( ID # 1890) AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, AMENDING CHAPTERS 2 AND 5, CODE OF ORDINANCES, RESOLVING CONFLICTS AND PROVIDING CONSISTENCY WITH THE LAND DEVELOPMENT CODE REGARDING BOARD MEETINGS AND PUBLIC NUISANCES; 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: Mike Anderson, Mayor Attest: Approved for form, legal sufficiency Helen Spencer, City Clerk Hayward Dykes, Jr., City Attorney Additions are underlined; deletions aFe str-iekea.  City of Fort Walton Beach Memorandum To: Mayor and Council From: Michael D. Beedie, P. E., Acting City Manager Date: August 13, 2012 Subject: Ord 1867, amending Code of Ordinance for Consistency with LDC 1. BACKGROUND: 1. 1. On March 27, 2012, City Council adopted Ordinance 1861, enacting a new Land Development Code ( LDC) for the City. 1. 2. There are several overlaps in procedures and regulations between the City's Land Development Code and Code of Ordinances. During the update of the Land Development Code, it was determined which items belonged in the LDC and which items belonged in the City's Code of Ordinances. An amendment to the Code of Ordinances is now needed to provide consistency with the LDC adopted in March 2012 and effective in May 2012. 2. DISCUSSION: 2. 1. Chapter 2 and Chapter 5 of the City's Code of Ordinances both contain language that either conflicts with or overlaps with the newly adopted LDC. The following revisions have been made to Chapter 2 in order to provide for consistency with the LDC: 2. 1. 1. Section 2. 01. 024 has been deleted. It conflicts with Section 9. 06. 01 of the LDC. 2. 1. 2. Section 2. 02, Boards and Committees, General, was modified to clarify that the terms of Board members and vacancy rules outlined in this section only apply to boards and committees specifically outlined in the Code of Ordinances, and do not apply to the Local Planning Agency formerly the Municipal Planning Board), Board of Adjustment, and Code Enforcement Board. These boards' rules and procedures are outlined in Chapter 1 of the Land Development Code. Sections 2. 02. 02, 2. 02. 03, and 2. 02. 05 have been revised to reflect this change. 2. 1. 3. Sections 2. 04, 2. 05, and 2. 11 have been deleted. The rules and procedures for the Board of Adjustment, Code Enforcement Board, and Municipal Planning Board ( now Local Planning Agency) are located in Chapter 1 of the Land Development Code. 2. 2. The following revisions have been made to Chapter 5 in order to provide consistency with the LDC: 2. 2. 1. Added Sections 5. 06, 5. 07, and 5. 08 that were deleted from the Land Development Code. These sections deal with property maintenance and  nuisances rather than land development issues, and therefore were relocated to the Health and Sanitation Chapter of the Code of Ordinances. 2. 2. 2. Section 5. 04. 02 was modified to clarify what constitutes a nuisance condition. 3. FINANCIAL INFORMATION: 3. 1. Ordinance 1867 has no direct financial impact to the City. 4. RECOMMENDATION: 4. 1. Staff respectfully recommends City Council approval of Ordinance 1867, amending Chapters 2 and 5 of the Code of Ordinances to provide consistency with the City's Land Development Code.  Ordinance 1867 AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, AMENDING CHAPTERS 2 AND 5, CODE OF ORDINANCES, RESOLVING CONFLICTS AND PROVIDING CONSISTENCY WITH THE LAND DEVELOPMENT CODE REGARDING BOARD MEETINGS AND PUBLIC NUISANCES; 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, THAT THE CODE OF ORDINANCES OF THE CITY OF FORT WALTON BEACH IS AMENDED 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 resolve conflicts and provide consistency resulting from the adoption of Ordinance 1861. Section 2. Amendment of Chapter 2, Administration, of the Code of Ordinances Chapter 2, Administration, of the Code of Ordinances is hereby amended as follows AND 2. 02. 02 Terms of Members: The appointment of any member of any city agency, authority, board, commission or committee except for the Local Planning Agency, Board of Adjustment, and Code Enforcement Board, shall be for a term of 48 months, which term shall commence at a time to be specified by council at the time of the appointment. The council may, from time to time, establish temporary committees appointed for a specific term. Terms of appointments to newly created city agencies, authorities, boards, commissions or committees may be staggered to provide for continuity. Any appointment for any vacancy on any city agency,