Fort Walton Beach Council agenda — 04-12-11 regular — reading text

Feet Scale N W E S Prepared by the City of Fort Walton Beach Engineering Dept.  CITY OF FORT WALTON BEACH MEMORANDUM To: Municipal Planning Board Chairperson and Members From: Tim Bolduc, CBO, CFM, Development Services Manager Through: Michael D. Beedie, P.E., Engineering and Utility Services Director Date: February 21, 2011 Subject: Staff Analysis of Voluntary Annexation Request for 623 Country Club Avenue 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. 1. 2. 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. SITE INFORMATION: 2. 1. The requested site is located on Country Club Avenue in the Country Club Estates Subdivision ( Lot 15, Block B). 2. 1. 1. Land Area: The lot is approximately 150 feet deep and 100 feet wide with an approximate total land area of 0. 34 acres. 2. 1. 2. Development: Single Family Residence 2. 1. 3. Current County Land Use: LDR, Low Density Residential 2. 1. 4. Current County Zoning: R -1, Residential 2. 1. 5. Proposed City Land Use: LDR, Low Density Residential 2. 1. 6. Proposed City Zoning: R -IA, One Family Dwelling District 3. VOLUNTARY ANNEXATION PROCESS: 3. 1. 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 to consider public comment, after due public notice, and shall forward a recommendation to the City Council. City Council shall consider the MPB' s recommendation, and after a public hearing with public notice may adopt the annexation ordinance. 3. 2. Chapter 171. 044 of the Florida Statutes provides that a voluntary annexation must meet the following criteria:  3. 2. 1. The subject property must be contiguous to the City; 3. 2. 2. The property must be reasonably compact; 3. 2. 3. The annexation of the property will not result in the creation of an enclave; and 3. 2. 4. No part of the total area of land to be annexed is included within the boundary of another municipality. 3. 3. For the purposes of annexation, Florida Statutes defines the following terms in Paragraph 171. 031( 13): 3. 3. 1. " Contiguous" means that a substantial part of a boundary of the territory sought to be annexed by a municipality is coterminous with a part of the boundary of the municipality. The separation of the territory sought to be annexed from the annexing municipality by a publicly owned county park; a right -of -way for a highway, road, railroad, canal, or utility; or a body of water or watercourse, or other minor geographical division of a similar nature, running parallel with and between the territory sought to be annexed and the annexing municipality, shall not prevent annexation under this act, provided the presence of such a division does not, as a practical matter, prevent the territory sought to be annexed and the annexing municipality from becoming a unified whole with respect to municipal services or prevent their inhabitants from fully associating and trading with each other, socially and economically. However, nothing herein shall be construed to allow local rights -of -way, utility easements, railroad rights -of -way, or like entities to be annexed in a corridor fashion to gain continuity; and when any provision or provisions of special law or laws prohibit the annexation of territory that is separated from the annexing municipality by a body of water or watercourse, then that law shall prevent annexation under this act. 3. 3. 2. " Compactness" means concentration of a piece of property in a single area and precludes any action, which would create enclaves, pockets or finger areas in serpentine patterns. Any annexation proceeding in any county in the state shall be designed in such a manner as to ensure that the area will be reasonably compact. 3. 3. 3. " Enclave" means: ( a) any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality or b) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. Section171. 031 ( 13), F. S. 3. 4. The Engineering and Utility Services Department has reviewed the application based on the aforementioned criterion and finds the following: 3. 4. 1. The property is contiguous to the City limits. 3. 4. 2. The property is comprised of one ( 1) platted lot in the Country Club Estates Subdivision, therefore is considered compact. 3. 4. 3. The annexation of the subject property would not create an enclave, but would remove an enclave now surrounded by City incorporated property. 3. 4.4. The Property is not currently included in the boundary of another municipality. 4. STANDARDS FOR ANNEXATION: 4. 1. In considering whether to annex a particular parcel of property, the City shall consider whether, and to the extent which, the following standards for annexation have been met, in addition to those requirements of Florida Statutes stated above: 4. 1. 1. The proposed annexation is consistent with the comprehensive plan. 4. 1. 2. The future land use map designation and zoning category, as proposed, are appropriate. 4. 1. 3. The proposed or existing development, if any, is consistent with City regulations 4. 1. 4. The terms of the proposed annexation agreement, if any, promotes the City' s comprehensive plan. 4. 1. 5. If development is to be initiated prior to the effective date of the annexation and where such development is for a use other than a detached single family dwelling, then requisite site plans, plats, and engineering plans shall be submitted together with the petition or annexation agreement. 4. 1. 6. The voluntary annexation of property by the City Council shall not be effective until the applicable connection and impact fees have been paid to the City. 4. 2. The following are Staff responses to the Annexation Criterion: 4.2. 1. Impact on Urban Services 4.2. 1. 1. Utilities 4. 2. 1. 1. 1. The City has sufficient capability to supply the necessary sanitary sewer services to the property. The appropriate sewer impact and connection fees shall apply and be paid prior to the City making the sewer tap. 4. 2. 1. 1. 2. The City can also provide potable water service upon payment of the required water connection and impact fees. 4. 2. 1. 1. 3. The City also provides mandatory garbage pickup and has trash and waste recycling services available. 4. 2. 1. 2. Traffic Circulation 4. 2. 1. 2. 1. The request site has 150 feet of frontage along Country Club Avenue. The property contains an existing single family residence, so no additional trips will be generated from the property. 4. 2. 1. 3. Fire/Police 4.2. 1. 3. 1. The Ocean City -Wright Fire District and the Okaloosa County Sheriff' s Department currently provide public safety services in the form of fire and police protection, respectively. Upon annexation, the Ocean City -Wright Fire District would be the first responder per mutual aid agreement between fire protection service providers, with an approximate response time of less than three ( 3) minutes. Service will also be provided by the City' s Police 3  Department whose average response time was last reported as 3 minutes 39 seconds city -wide. 4.2. 2. Consistency with Comprehensive Plan 4.2. 2. 1. The annexation request must be reviewed for consistency with the various Intergovernmental Coordination and Future Land Use Element' s Objectives and Policies in the City' s Comprehensive Plan. Those objectives and policies are listed below: 4. 2. 2. 1. 1. Objective G. 6 — The City will consider annexing on a case - by -case basis the properties of those owners who wish to voluntarily become part of the City and are either enclaves within the City limit boundary or contiguous to the City limits of the City of Fort Walton Beach. 4. 2. 2. 1. 2. Policy G.6. 4 — The