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Fort Walton Beach Council agenda — 04-12-11 regular — reading text
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Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
Section 5. This ordinance shall take effect immediately upon approval on second reading by the
City Council and signature of the Mayor.
Adopted:
Mike Anderson, Mayor
Attest: Approved for form and legal sufficiency:
Helen Spencer, City Clerk Hayward Dykes, Jr., City Attorney 0
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To: Robert T. Mearns, City Manager
From: Michael Beedie, Engineering & Utility Services Director
Date: April 12, 2011
Subject: Ordinance 1848 - 623 Country Club Annexation
1. BACKGROUND:
1. 1. On January 27, 2011, the Engineering and Utility Services Department received a
request for voluntary annexation from Mrs. Shirley Ann Welch, property owner of a
single family residence at 623 Country Club Avenue. The reason for the request is a
failing septic tank system. Okaloosa County sanitary sewer is not available at this
location. The City of Fort Walton Beach currently has available potable water and
sanitary sewer along Country Club Avenue.
2. DISCUSSION:
2. 1. A complete analysis of the proposed annexation' s impact upon the City' s infrastructure
capacity is included in the attached Staff Analysis.
2. 2. All voluntary annexations must meet the following criteria specified in Section 171. 044
of the Florida Statutes:
2. 2. 1. The subject property must be contiguous to the City;
2. 2. 2. The property must be reasonably compact;
2. 2. 3. The annexation of the property cannot result in the creation of an enclave; and
2. 2. 4. No part of the total area of land to be annexed may be included within the
boundary of another municipality.
2. 3. The City' s voluntary annexation process requires that upon receipt of an application,
the Engineering and Utility Services Director shall review the application in accordance
with the " Standards for Annexation," and submit a recommendation on the proposed
annexation ordinance to the Municipal Planning Board ( MPB). The MPB shall conduct
a public hearing, after due public notice, to consider public comment and shall forward
a recommendation to the City Council.
2. 4. The City Council shall also conduct a public hearing, after due public notice, and after
consideration of the MPB' s recommendation, may adopt the annexation ordinance.
3. STAFF RECOMMENDATION:
3. 1.
Staff finds that the request is consistent with the Comprehensive Plan of the City of
Fort Walton Beach.
3. 2. In consideration of the results of Staff's analysis for voluntary annexation of 623
Country Club Avenue into the City of Fort Walton Beach, Staff recommends that the
Municipal Planning Board recommend approval of Ordinance No. 1848 to City
Council.
ATTACHMENTS:
Ordinance 1848 and Attachemnts( PDF)
SIGNATURE BLOCK:
Carole Jones Completed 02/ 25/ 20119: 15 AM
City Manager Completed 02/ 25/ 20119: 15 AM
City Manager Completed 02/ 25/ 2011 1: 27 PM
Municipal Planning Board Completed 03/ 09/ 20119: 43 AM
City Council Completed 04/ 04/ 2011 1: 33 PM
1 ORDINANCE 1848
2
3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA;
4 ANNEXING INTO THE CITY LIMITS OF FORT WALTON BEACH, FLORIDA
5 THE PROPERTY DESCRIBED AS LOT 15, BLOCK B IN THE COUNTRY
6 CLUB ESTATES SUBDIVISION, WITH AN ADDRESS OF 623 COUNTRY
7 CLUB AVENUE, IN FORT WALTON BEACH, FLORIDA; PROVIDING FOR
8 MUNICIPAL BOUNDARY; AND SETTING AN EFFECTIVE DATE.
9
10 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
11 FORT WALTON BEACH, FLORIDA, AS FOLLOWS:
12
13 SECTION I. AUTHORITY.
14 The authority for enactment of this ordinance is Section 166. 021( 1) and Section 171. 044
15 of the Florida Statutes, and Section 2 of the City Charter.
16
17 SECTION II. FINDINGS OF FACT.
18 The City Council of the City of Fort Walton Beach finds the following:
19
20 The City received an application for voluntary annexation from Shirley Ann Welch, owner
21 of the subject property. The applicant has provided sufficient evidence of ownership of said
22 property to be annexed. The subject property is contiguous to the municipal boundaries of the
23 City of Fort Walton Beach, is an area that is reasonably compact, and is unincorporated
24 territory. The annexation of the subject property will not result in the creation of any enclaves.
25
26 The Municipal Planning Board held a public hearing on March 3, 2011, and found that
27 the request was consistent with the Comprehensive Plan. The Board recommended approval of
28 this ordinance, including Exhibit "A ", a location map, annexing the subject property.
29
30 The notice of annexation was duly published once a week for two consecutive weeks in
31 the Northwest Florida Daily News, a newspaper published within the City of Fort Walton Beach.
32 Upon adoption, this ordinance will be filed with the Clerk of the Court of Okaloosa County, the
33 Okaloosa County Administrator, and the Florida Department of State.
34
35 SECTION III. PROPERTY ANNEXED.
36 The following described property is hereby annexed into the City of Fort Walton Beach
37
38 Lot 15, Block B, Country Club Estates Subdivision, according to plat
39 thereof recorded in Plat Book 3, Page 41, Public Records of
40 Okaloosa County, Florida.
41
42 SECTION IV. EFFECT OF ANNEXATION.
43 The area annexed shall be subject to all laws, ordinances, and regulations in force in the
44 City of Fort Walton Beach and shall be entitled to the same privileges and benefits as other
45 parts of the City of Fort Walton Beach upon the effective date of the annexation. The area
46 annexed is subject to the Okaloosa County Comprehensive Plan and zoning regulations. Said
47 regulations shall remain in full force and effect until the subject property is designated into a City
48 of Fort Walton Beach Comprehensive Plan Future Land Use Map designation and rezoned
49 accordingly in the City of Fort Walton Beach zoning map.
50
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51 SECTION V. MUNICIPAL BOUNDARY.
52 The municipal boundary lines of the City of Fort Walton Beach shall be amended to
53 include the annexed property described in this ordinance and in Exhibit " B ", attached and made
54 a part hereof by reference, as a metes and bounds description. A map of the annexed area is
55 attached hereto as Exhibit "A" and incorporated into this ordinance by reference.
56
57 SECTION VI. EFFECTIVE DATE.
58 This Ordinance shall take effect immediately upon approval by City Council and the
59 signature of the Mayor.
60
61
62
63 Adopted Mike Anderson, Mayor
64
65
66
67
68 Attest: Approved for form and legal sufficiency
69
70
71 Helen Spencer, City Clerk Hayward Dykes, City Attorney
72
73 Codification: Not codified.
2-
Exhibit " A"
Location Map
Annexation Application - 623 Country Club Av NE
Country Club Est., Block B, Lot 15
36- 1S -24- 0540 -000B -0150
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City of Fort Walton Beach
Community Development
Services
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