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

calendar days written notice to the other party. The ATF will only process request for overtime for overtime incurred before the date of cancellation, absent a specific written agreement to the contrary. VIII. NO PRIVATE RIGHT CREATED This is an internal government agreement between ATF and the Fort Walton Beach Police Department and is not intended to confer any right or benefit to any private person or party. 16-  o t./. Ted Litschauer Virginia O' Brien Police Chief Special Agent in Charge Fort Walton Beach Police Department Tampa Field Division ATF Date: Q/ Date: Melanie S. Stinnett Mark Assistant Director Acting Assistant Director Management/ CFO Field Operations ATF ATF Date: v t̀ k 1- 2 [ IP"L ' Date: 1;- 9 17- THIS PAGE IS LEFT INTENTIONALLY BLANK 18_  CITY COUNCIL MEETING November 10, 2009 General Public Comments from the General Public on items not otherwise on the agenda Agenda Item Number: 4. 1  CITY COUNCIL MEETING November 10, 2009 Quasi- Judicial Agenda - Second Reading Ordinance 1812 Voluntary annexation of 12 Wedgewood Lane NE due to a failing septic system Synopsis: On October 15, 2009, the MPB unanimously approved this request Agenda Item Number: 5. 1  QUASI -JUDICIAL PROCEDURES 1. Announcement of Matter. Read the matter title to be considered. 2. Swear the Witnesses. All witnesses, parties, citizen participants and City Staff who plan to speak at the hearing shall collectively be sworn at the beginning of the hearing by the City Attorney 3. Ex Parte Disclosure. All members must disclose on the record any ex parte communications, to include any physical inspections of the subject property. The disclosure should include with whom any communication has taken place, a summary of the substance of the communication, and the date of the site visit, if any. If anyone has received written communications, the writing must be presented, read into record or a copy provided to all participants, and made a part of the official record. 4. Applicant Presentation. 5. Questions directed to Applicant. The applicant should answer any questions by the public, the Council, or others. 6. Staff Presentation. This includes presentation of the staff report into the official record. 7. Objections from Applicant. Confirm whether there are objections from the applicant regarding the staff report or development order. 8. Questions directed to Staff. The staff answers any questions by the public, the Council, or others. 9. Public Comments. Members of the public should be allowed to make comments regarding the application. 10. Applicant rebuttal /final comments 11. Staff rebuttal /final comments 12. Call for final questions. 13. Close public portion of the hearing. 14. Motion & Deliberation. Council makes a motion, and debates and deliberates regarding the application and development order. 15. vote. 16. Close the quasi -judicial proceeding. 19-  1 ORDINANCE 1812 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; ANNEXING 4 INTO THE CITY LIMITS OF FORT WALTON BEACH FLORIDA THE PROPERTY 5 DESCRIBED AS LOT 1 BLOCK D COUNTRY CLUB ESTATE SUBDIVISION, WITH 6 AN ADDRESS OF 12 WEDGEWOOD LANE, FORT WALTON BEACH, FLORIDA; 7 PROVIDING FOR MUNICIPAL BOUNDARY; AND SETTING AN EFFECTIVE DATE. 8 9 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 10 FORT WALTON BEACH, FLORIDA,. AS FOLLOWS: 11 12 SECTION I. AUTHORITY. The authority for enactment of this ordinance is Section 166.021( 1) 13 and Section 171. 044, Florida Statutes, and Section 2 of the City Charter. 14 15 SECTION 11. FINDINGS OF FACT. The City Council of the City of Fort Walton Beach finds the 16 following. The City received an application for voluntary annexation from Ivan Linn, owner of the 17 subject property. The applicant has provided sufficient evidence of ownership of said property to 18 be annexed. The subject property is contiguous to the municipal boundaries of the City of Fort 19 Walton Beach, is an area that is reasonably compact, and is unincorporated territory. The 20 annexation of the subject property will not result in the creation of any enclaves. 21 The Municipal Planning Board held a public hearing on October 15, 2009, and found 22 that the request was consistent with the Comprehensive Plan. The Board recommended 23 approval of this ordinance, including Exhibit "A ", a location map, annexing the subject property. 24 The notice of annexation was duly published once a week for two consecutive weeks 25 in the Northwest Florida Daily News, a newspaper published within . the City of Fort Walton 26 Beach. Upon adoption, this ordinance will be filed with the Clerk of .the Court of Okaloosa 27 County, the Okaloosa County Manager, and the Florida Department of State. 28 29 SECTION 111. PROPERTY ANNEXED. The following described property is hereby annexed to 30 the City of Fort Walton Beach: 31 32 Lot 1, Block D, Country Club Estates Subdivision, according to the plat thereof on 33 file in Plat Book 3, Page 41, in the Office of the Clerk of Circuit Court, Okaloosa 34 County, Florida. 35 36 37 SECTION IV. EFFECT OF ANNEXATION. 38 The area annexed shall be subject to all laws, ordinances, and regulations in force in the 39 City of Fort Walton Beach and shall be entitled to the same privileges* and benefits as other 40 parts of the City of Fort Walton Beach upon the effective date of the annexation. The area 41 annexed is subject to the Okaloosa County Comprehensive Plan and zoning regulations. Said 42 regulations shall remain in full force and effect until the subject property is designated into a City 43 of Fort Walton Beach Comprehensive Plan Future Land Use Map designation and rezoned 44 accordingly in the City of Fort Walton Beach zoning map. 45 46 SECTION V. MUNICIPAL BOUNDARY. 47 The Municipal boundary lines of the City of Fort Walton Beach shall be amended to 48 include the annexed property described in this ordinance and in Exhibit " B ", attached and made 49 a part hereof by reference, as a metes and bounds description. A map of the annexed area is 50 attached hereto as Exhibit "A" and incorporated into this ordinance by reference. 51 DRAFT 10 -2 -09 20- 52 SECTION V1. EFFECTIVE DATE. 53 This Ordinance shall take effect immediately upon approval by City Council and the 54 signature of the Mayor. 55 56 57 58 Adopted Mike Anderson, Mayor 59 60 61 62 63 Attest: Approved for form and legal sufficiency. 64 65 66 Helen Spencer, City Clerk Toni L. Craig, City Attorney 67 68 Codification: Not codified. DRAFT 10 -2 -09 21-  Page 1 of 1 Samantha Abell From: Toni Craig (ton i@ton icraig. info] Sent: Wednesday, October 07, 2009 10:25 PM To: Samantha Abell Subject: RE: MPB Case # 09 -04 -AX Attached is revised ordinance 1812. This ordinance is legally sufficient. Thank you. Toni L. Craig Attorney at Law Fla Bar No 115444 850) 243 -6969 www.tonicraig.info From: Samantha Abell ( mailto: sabell@fwb. org] Sent: Wednesday, October' 07, 2009 1: 52 PM To: Toni Craig Cc: Michael Beedie Subject: MPB Case # 09 -04 -AX Toni, On September 9, 2009, the Engineering Services Department received a request for voluntary annexation from Mr. Ivan Linn, owner, of property located at 12 Wedgewood Lane NE. The applicant has a failing septic tank system. Okaloosa County water and sewer is not available at this location. Please review the application, attached ordinance and process calendar for legal sufficiency. A draft staff report and staff analysis are also attached for your information and may receive minor revisions once Michael completes his review. Thank you. Samantha D. Abell, Senior Planner City of Fort Walton Beach Engineering Services Department Planning Division P. O. Box 4009, Fort Walton Beach, FL 32549 850 -833 -9604 ( direct) 850- 833 -9607 ( office) 850 -833 -9926 ( fax) sabell fw . or Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your e -mail address and communications may therefore be subject to public disclosure. Think Green - Please consider the environment before printing this e- mail. No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8. 5. 421 / Virus Database: 270. 14.5/ 2418 - Release Date: 10/ 07/ 09 05: 18: 00 10/ 19/ 2009 22-  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert Mearns, City Manager From: Samantha D. Abell, Senior Planner Through: Michael D. Beedie, P. E., City Engineer Date: October 19, 2009 Subject: Consideration of Ordinance No. 1812 to Voluntarily Annex 12 Wedgewood Lane NE (MPB Case No. 09- 04 -AX) L BACKGROUND: 1. 1. On September 9, 2009, the Engineering Services Department received a request for voluntary annexation from Mr. Ivan Linn, property owner of a single family residence at 12 Wedgewood Lane NE. 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 water and sewer along Wedgewood Lane NE. 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 Report and 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