Fort Walton Beach Council agenda — 02-22-05 — reading text

Comprehensive Plan in 2000 to more closely coincide with the current process of preparing an annual update to the City' s Capital Improvements Program. Staff presented the draft of Ordinance 1619 to the Municipal Planning Board at their December 2, 2004 meeting. The. City Attorney advised that the ordinance needed to be re-formatted to include the existing language being deleted. The Chairman expressed concern at any changes, even a format change, and wanted the ordinance to be presented in the format which will be presented to City Council. The Board directed staff to revise the ordinance and bring it back for further consideration. c Those requested incorporated into the December 22, 2004 draft of changes were proposed Ordinance 1619 and placed on the February 3, 2005 MPB agenda for consideration and recommendation. P t1- ~ At their meeting on February 3, 2005, the Municipal Planning Board considered a revised version of Ordinance 1619, the title of which had been amended by the City Attorney. The Municipal Planning Board voted 5- 0 to recommend approval of Ordinance 1619 after being assured by staff that the proposed changes to the Land Development Code included a review and recommendation by the Municipal Planning Board. Discussion: The Staff Report updated on January 20, 2005 discusses the requirements of Florida Statutes, that the capital improvement element be reviewed on an annual basis and modified, as necessary. There are also general requirements to establish a system for monitoring and ensuring adherence to the adopted levels of service standards, the schedule of capital improvements, and the availability of public facility capacity. The policies of the Comprehensive Plan: 2000 were implemented in the form of the subject Section 20-26, of the Land Development Code. The following comprises the substance of the present requirement for an annual report 26 of the Land Development Code: in Section 20- CIE shall be reviewed on an annual basis Committee shall annually evaluate implementation of CIE st) Annually ( by April 1 MPB receives report on status of implementation activities and LOS conditions Annually (by July 1 st) MPB shall report to city council its evaluation of the implementation of the CI E and the comprehensive plan MPB' s report shall contain any recommendations to maintain LOS standards and any adjustments necessary to CIE and CIP The Comprehensive Plan was revised to bring the Comprehensive Plan more in line with the process employed by the City management in updating its Capital Improvements Program annually. Current Policies in Capital Improvement Element of Directions: the Comorehensive Plan of the City of Fort Walton Beach: 2008 are as shown below: Policy H.3.5 - A committee will be created to review the development activities within the City of Fort Walton Beach and to review the level of service conditions for the city. The committee shall be comprised of the City Manager, Community Development SeNices Director, Public WorKs Director, Finance Director and the Parks and Recreation Director. The committee shall maintain information on development activity, level of seNice conditions and other data necessary to accurately evaluate the implementation of the city's Comprehensive Plan. In addition, the committee will monitor and evaluate the Capital Improvement Elements on an annual basis. 2  Policy I. 1. 2 - The Department of Community Development Services shall annually prepare a level of service report for all public facilities for which level of service standards have been established. This report shall be submitted to the Local Planning Agency and the City Council. Policy 1. 1. 3 - The City shall annually adopt a Five- Year Capital Improvements Program in accordance with the Capital Improvements Element. Policy 1.1. 4 - The City shall coordinate the annual level of service report with the preparation of the Five- Year Capita/ Improvements Program to ensure adherence to adopted level of service standards. The new policies have yet to be implemented and amended but are being done as part of our review of administrative changes required by the new Comprehensive Plan. The provisions contained in Ordinance 1619 include an annual report on facility capacity. That report would require: CDS to 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 would be responsible for determining the water and wastewater facility capacity status to be included in the facility capacity report. Capacity status would be detennined in accordance with the City's waterwast/ewater capacity policy. Annual capital improvements element update during the budget review process. The annual report on facility capacity, prepared in conjunction with the budget review process, 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. Based upon the report described above, the city manager shall annually propose to the city council any amendments to the capital improvements element, the city's annuai budget for capital improvements made necessary by circumstances described in the report. In order that the Land Development Code made consistent with Directions the Comprehensive Plan in a manner that is consistent with Florida Statutes, Florida Administrative Code and the City's Comprehensive Plan, Directions. Staff suggests amending the Land Development Code by deleting the language in the existing Section 3 20-26, LOC, and substituting therefore the proposed provisions in Ordinance 1619 enclosed) . Staff reviewed the proposed ordinance with MPB Chairman Gercak and revised the ordinance to include a statement to alleviate his concern that the report would not specify a due date. The ordinance now specifies that City Council shall receive the report not later than June of each year. Recommendation: The Municipal Planning Board recommends the approval of Ordinance 1619. Enclosure: Ordinance 1619 ( Draft 12- 22-04, version) 4  1 ORDINANCE 1619 2 3 4 5 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; 6 PROVIDING FOR AUTHORITY; AMENDING SECTION 20- 26, COMMITTEE TO 7 REVIEW LEVEL OF SERVICE AND DEVELOPMENT ACTIVITIES; DELETING 8 CURRENT REQUIREMENTS AND ADDING NEW REQUIREMENT FOR 9 ANNUAL REPORT ON FACILITY CAPACITY; SETTING FORTH 10 REQUIREMENT OF THE ANNUAL REPORT; REPEALING CONFLICTING 11 PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF FORT WALTON 15 BEACH, FLORIDA, AS FOllOWS: 16 17 SECTION I.Authority. The authority for enactment of this ordinance is Section 18 2 of the City Charter, Section 166. 021, Florida Statutes, and Section 163. 3174, 19 Florida Statutes. 20 21 SECTION II. Article II. Administration and Enforcement, Division 1. 22 Generally, Section 20- 26. Committee to Review Level of Service and 23 Development Activities. 24 25 Article II. Administration and Enforcement, Division 1. Generally, Section 20-26. 26 Committee to Review level of Service and Development Activities, is hereby 27 amended as follows: 28 29 Sec. 20 26. Committee to ravia/.' le\(el of service and development 30 activities. 31 32 ( a) There is hereby created a committoe to re\' ie\., the development 33 acti'/ ities ':: ithin the city and to re'.' i9: 1 the level of service conditions for the 34 city. The committee shall be comprised of the city manager or his 35 designee, director of planning and zoning, public ':.( ork-s director, finance 36 director and the parks and recreation director. The committee shall 37 maintain information on de'.'eloped ity, level of servioe conditions and acti'.: 38 other data necessary to accurately evaluate the implementation of the 39 city' s comprehensi'.'e plan. In addition, the committee \ vill monitor and 40 aluate the CIE on an annual basis. o'.' 41 42 ( b) The committee shall include 'Jlithin its revie\y efforts: 43 44 ( 1 ) An analysis of the effectiveness of the conflict resolution 45 process described beIO'..,: 46 47 a. The county comprehensi'Je plan oommittee shall function 48 the initial agency to mediate a& comprehensive planning DRAFT 12- 22-04  1 conflicts. 2 3 B. The city shall use the \^Jest Florida Regional Planning 4 ith Council' s informal mediation process to resol~Je conflicts v.' 5 other units of government that can not be resoh,'ed pursuant 6 to subsection ( b) ( 1) of this section. 7 8( el of service standards v.(hich 2) .^.n analysis of the adequacy of le~.' 9 have been established by di~.'ision 7, on 3n annual basis. 10 11 ( 3) ft.n analysis of the adequacy of procedures est3blished to 12 revie~:.'proposed development ~ ithin the area to the existing J.' 13 comprehensive plans of the city or adjacent local governments. 14 15 ( analysis and re~.'iev.' of