Fort Walton Beach Council agenda — 11-10-2009 - regular — reading text

5. 2. 2  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM Office of the City Manager DATE: November 5, 2009 TO: Honorable Mayor and Council Members FROM: Robert T. Mearns, City Manage SUBJECT: Request For Tabling To Time ain 1. Background 1. 1. This item was not advertised correctly in the newspaper. The advertisement required a other information. I have discovered map of the parcel which was not furnished with the the cause of this " disconnect" and have corrected it. 1. 2. Staff requests that this item be continued to the City Council meeting of November 24, 2009. The applicants have been informed of the delay. 45-  ORDINANCE 1813 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE 4 REZONING OF PROPERTY LOCATED AT 248 HOLLYWOOD BOULEVARD SE, FORT 5 WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; MAKING FINDINGS OF FACT; 6 REZONING PROPERTY FROM R -2 MULTIFAMILY RESIDENTIAL DISTRICT TO CF 7 COMMUNITY FACILITIES DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; 8 AND SETTING AN EFFECTIVE DATE. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT 11 WALTON BEACH, FLORIDA, AS FOLLOWS: 12 13 SECTION 1. AUTHORITY. The authority for enactment of this ordinance is Section 2, of the 14 City Charter, and Section 166.021 (1), Florida Statutes. 15 16 SECTION 2. FINDINGS OF FACT. The City Council of the City of Fort Walton Beach finds that 17 at 248 Hollywood Boulevard SE, Fort Timothy Gipson, as the authorized agent for the property 18 Walton Beach, Florida, applied for rezoning of the subject property. The subject property 19 comprises . 23 acres more or less. A public hearing was held before the Municipal Planning 20 Board on October 15, 2009, and the Municipal Planning Board recommended the request be 21 approved. The City Council conducted two public hearings after giving due public notice 22 pursuant to Section 166. 041, Florida Statutes, and the City' s Land Development Code. The 23 requested rezoning is consistent with the City's Comprehensive Plan. 24 25 SECTION 3. PROPERTY REZONED. The property legally described as " The North 90 feet of 26 Lots 1 and 2, Ocean City Subdivision, according to Plat Book 2, Page 28 -A of the Public 27 Records of Okaloosa County, Florida," with a physical address of 248 Hollywood Boulevard SE, 28 Fort Walton Beach, Florida, is hereby rezoned from .R -2 Multifamily Residential District to CF 29 Community Facilities District. 30 31 SECTION 4. ZONING MAP AMENDMENT. The Official Zoning Map of the City of Fort Walton 32 Beach, as adopted by Section 15. 10. 6 of the Land Development Code, is hereby amended to 33 include a change of classification from R -2 Multi -Family District to CF Community Facilities 34 District for the specific parcel described in Section 3 of this Ordinance. 35 36 SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective upon approval by the 37 City Council and signature of the Mayor. 38 39 40 ADOPTED: 41 Mike Anderson, Mayor 42 43 ATTEST: Approved for form and legal sufficiency 44 45 46 47 Helen Spencer, City Clerk Toni L. Craig, City Attorney 48 49 50 Codification Instructions: Not Codified. 46-  CITY COUNCIL MEETING November 10, 2009 Quasi- Judicial Agenda - Second Reading Ordinance 1814 - Rezoning the property at 34 Carson Drive SE from R -2 to CF Synopsis: This ordinance has been placed on this agenda for second reading. Due to an advertising discrepancy, staff requests that a motion be made to table this item to date November 24, 2009 certain,--- Agenda Item Number: 5. 2. 3  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM Office of the City Manager DATE: November 5, 2009 TO: Honorable Mayor and Council Members FROM: Robert T. Mearns, City Manage SUBJECT: Request For Tabling To Time ain 1. B ackground 1. 1. This item was not advertised correctly in the newspaper. The advertisement required a map of the parcel which was not furnished with the other information. I have discovered the cause of this " disconnect" and have corrected it. 1. 2. Staff requests that this item be continued to the City Council meeting of November 24, 2009. The applicants have been informed of the delay. 47-  ORDINANCE 1814 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE 4 REZONING OF PROPERTY LOCATED AT 34 CARSON DRIVE SE, FORT WALTON BEACH, 5 FLORIDA; PROVIDING AUTHORITY; MAKING FINDINGS OF FACT; REZONING 6 PROPERTY FROM R -2 MULTIFAMILY RESIDENTIAL DISTRICT TO CF COMMUNITY 7 FACILITIES DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; AND SETTING 8 AN EFFECTIVE DATE. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT 11 WALTON BEACH, FLORIDA, AS FOLLOWS: 12 13 SECTION 1. AUTHORITY. The authority for enactment of this ordinance is Section 2, of the 14 City Charter, and Section 166. 021 ( 1), Florida Statutes. 15 16 SECTION 2. FINDINGS OF FACT. The City Council of the City of Fort Walton Beach finds that 17 Cecil Williams, as the authorized agent for the property at 34 Carson Drive SE, Fort Walton 18 Beach, Florida, applied for rezoning of the subject property. The subject property comprises 19 three parcels and . 75 acres more or less. A public hearing was held before the Municipal 20 Planning Board on October 15, 2009, and the Municipal Planning Board recommended the 21 request be approved. The City Council conducted two public hearings after giving due public 22 notice pursuant to Section 166. 041, Florida Statutes, and the City's Land Development Code. 23 The requested rezoning is consistent with the City's Comprehensive Plan. 24 25 SECTION 3. PROPERTY REZONED. The property with legally described as: " Lots 10, 11 and 26 12, Block 1, Brooks Addition to Fort Walton Beach, according to the plat thereof on file in Plat 27 Book 1, Page 99, in the office of the Clerk of Circuit Court, Okaloosa County, Florida ", with a 28 physical address of 34 Carson Drive SE, Fort Walton Beach, Florida, is hereby rezoned from R- 29 2 Multifamily Residential District to CF Community Facilities District. 30 31 SECTION 4. ZONING MAP AMENDMENT. The Official Zoning Map of the City of Fort Walton 32 Beach, as adopted by section 15. 10. 6 of the Land Development Code, is hereby amended to 33 include a change of classification from R -2 Multi- Family District to CF Community Facilities 34 District for the specific parcel described in section 3 of this Ordinance. 35 36 SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective upon approval by the 37 City Council and signature of the Mayor. 38 39 40 ADOPTED: 41 Mike Anderson, Mayor 42 43 ATTEST: Approved for form and legal sufficiency 44 45 46 47 Helen Spencer, City Clerk Toni L. Craig, City Attorney 48 49 50 Codification Instructions: Not Codified. 48-  CITY COUNCIL MEETING November 10, 2009 Ordinance - Second Reading Ordinance 1816 Animal Control Ordinance Synopsis: Council directed staff to update the Code of Ordinances, Animals, to include pot -bellied pigs as permissible pets. Staffrecommends that this ordinance be amended before adoption Agenda Item Number: 791  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM Office of the City Manager DATE: November 4, 2009 TO: Honorable Mayor and Council Member FROM: Robert T. Meares, City Manager SUBJECT: Animal Control Ordinance Ame dment 1. Background 1. 1 At the Regular City Council meeting on October 27, 2009 the City Council adopted the Animal Control ordinance ( Ordinance 1816) on first reading as basically an exception to the ordinance to both permit and control this type of animal. In response to the ordinance, Dee Thompson, Director, Director of the Panhandle Animal Welfare Society ( PAWS) contacted me to discuss the mechanics of implementing the ordinance. In order to more effectively execute the ordinance, Ms Thompson suggests the following be added to ensure its manageability for PAWS: Not more than one miniature swine of the species Sus scrofa bittatus per singlefamily dwelling unit, as defined in the City' s Land Development Code, may be kept provided thefollowing conditions are met and maintained: a) The animal is less than 100 pounds in weight, b) The animal is less than 18 inches in height at the shoulder, c) The animal is spayed or neutered as evidenced by a veterinarian's certificate, which certificate shall also certify the species of the animal, its age, shoulder height and weight when spayed or neutered. 2. Discussion 2. 1 The reasoning behind this recommendation is that PAWS is constituted to deal only with animals that are domestic in nature, and fall within certain weight and size limitations. PAWS recognizes the pot -bellied pig as considerably smaller in size than its relative the common pig because it ranges from 30 lbs. to 90 lbs., and is much like a medium sized dog. Hence, PAWS will treat pot -bellied pigs like any other animal it is charged with controlling as long as the pot- bellied pig is not of a size that is beyond the norm, and has been seen by a veterinarian. 2. 2 Since the City has a contractual relationship with PAWS and PAWS enforces the Okaloosa County Animal Control ordinance within the city, consideration should be given to the advice of the enforcing entity that will have to deal with this issue on a daily basis. To incorporate the recommendations of PAWS, the ordinance must be amended and set for first reading on November 24 and second and final reading on December 8. 3. Recommendation 3. 1 Staff recommends that the City Council move that Ordinance 1816 be amended to reflect the recommendations of PAWS and set for first reading on November 24.