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

is a garage. The Chairman opened the floor for publiNJnput. As o one wished to speak public input was closed. Ms. Glover moved to recommend to City o cil approval of Ord. 1811. Mr. White seconded motion. Discussion was held on / nt o the waterfront. e City Attorney explained what is in the Comprehensive Plal Idap apply and the individ property owners would have to follow all permitting . She stated the Board of require a boardwalk be constructed because theire more than what is already i the comprehensive plan. She said the individual pro will have to comply with the prehensive Plan and the Land Development Cod certain standards and zoning requir ents listed specifically in the document. Questions were ra' ed on how the City encourages the preservation of archaellogical sites and materials. \\ Mr. White / alled for the question. The ,ghairman called for the vote on the motion to recommend to City Council approva of Ord: 1811 and it carried by a vote of 5 to 2 with Glover, Scott, Stearns, Tucker, and White i f$vor and Panzenhagen and Wilson opposed. QUASI -JUDICIAL PUBLIC HEARING - ORD. 1812: ANNEX 12 WEDGEWOOD LANE The Chairman read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; ANNEXING INTO THE CITY LIMITS OF FORT WALTON BEACH FLORIDA THE PROPERTY DESCRIBED AS LOT 1 BLOCK D COUNTRY CLUB ESTATE SUBDIVISION, WITH AN ADDRESS OF 12 WEDGEWOOD LANE, FORT WALTON BEACH, FLORIDA; PROVIDING FOR MUNICIPAL BOUNDARY; AND SETTING AN EFFECTIVE DATE. The City Attorney gave the oath to everyone who expected to speak. 27_ Municipal Planning Board special meeting 10 -15 -09 ORD. 1812 cont. Ivan Linn, property owner, explained the reason for his request to annex is because his septic tank failed and he cannot get it repaired, and he is already hooked up with the City' s water and sewer. Michael Beedie, City Engineer, entered the staff report into the record. The Chairman opened the floor for public input. As no one wished to speak public input was closed. Mr. Stearns moved to find the request consistent with the Comprehensive Plan and recommend to City Council approval of Ord. 1812. Mr. Tucker seconded motion and it carried unanimously with Glover, Panzenhagen, Scott, Stearns, Tucker, White, and Wilson in favor. PUBLIC HEARING: ORD. 1813 — REZONE* 248 HO The Okairman read the ordinance by title. AN ORD NCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, R L'ATING TO THE REZO G OF PROPERTY LOCATED AT 248 HOLLYWOOD BO LEVARD SE, FORT WA TO EACH, FLORIDA; PROVIDING AUTHORITY; MAK G FINDINGS OF FACT; REZONIN ROPE FROM R -2 MULTIFAMILY RESIDE IAL DISTRICT TO CF COMMUNITY CILITIES DISTRICT; PROVIDING FO A ZONING MAP AMENDMENT; AND S TING AN EFFECTIVE DATE. Timothy Gipson, Mercy Seat stries, stated the property h they purchased the property in ft,n, een used as a religious facility; and it has come to thei attention that the property is zoned residential when they submitted pl o expand the exist' g church. He acknowledged it was a church when they purchased it, and they ve paid the r oning application fee of $925. Michael Beedie, City Engineer, reviewed the r u t to rezone the property from R -2 Multifamily Dwelling to CF Community Facilities in or r o conform to the Comprehensive Plan. He reported the current zoning is not consiste with t Future Land Use Map Designation of the Comprehensive Plan and the request will . plement theublic Lands land use designation applied to the property in 2000. He said the c ch is not an allowable use in the R -2 ssification of a c Multi- Family District and a non -co rming use is not allow to expand. Staff finds the request to amend the Official Zoning M from R -2 Multi -Family Dw ing to CF Community Facilities is consistent with the Future d Use Map designation of PL, P lic Lands. He corrected the 15th, staff report hearing dates the Municipal Planning Board Octob first reading before 27th 10th, Council October an econd reading November and then entere the staff report into the record. The Chairman ened the floor for public input. As no one wished to speak blic input was closed. Ms. Gl er moved to recommend to City Council approval of Ord. 1813 and reco end that pity Council refund the rezoning application fee of $925. 00. Mr. Scott seconded in on ano it carried unanimously with Glover, Panzenhagen, Scott, Stearns, Tucker, White, a Wilson in favor. 28-  CITY OF FORT WALTON BEACH ENGINEERING SERVICES DEPARTMENT STAFF ANALYSIS MPB Case #09 -04 -AX Request to Annex Lot 1, Block D, Country Club Estates Subdivision 12 Wedgewood Lane NE) Prepared by: Samantha D. Abell, Senior Planner October 5, 2009 Issue: The Engineering Services Department has received a request from Ivan Linn, owner, to voluntarily annex property located at 12 Wedgewood Lane NE. The applicant is requesting annexation due to a failing septic system. Okaloosa County does not have sanitary sewer facilities in this area, but the City of Fort Walton Beach does. General Site Information: The request site is located on Wedgewood Lane NE on the southeastern side of the intersection with Fairway Avenue NE ( See Exhibit A, Location Map). The site is developed with a single family residence. Land Area: Lot is 150 wide and 120 feet deep for an area of 18, 000 square feet (0.41 acres). Development: Single family residence Okaloosa County Comp Plan Map Designation LDR, Low Density Residential Mixed Use Okaloosa County Zoning RUS, Residential Urban Single District Proposed City Future Land Use Map Designation: Low Density Residential ( LDR) Proposed City Zoning District: R -IA, One Family Dwelling District 29_ Voluntary Annexation Process: The City' s voluntary annexation process requires that upon receipt of an application, the Engineering 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. 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. Chapter 171. 044 of the Florida Statutes provides that a voluntary annexation must meet the following criteria: 1. The subject property must be contiguous to the City; 2. The property must be reasonably compact; 3. The annexation of the property will not result in the creation of an enclave; and 4. No part of the total area of land to be annexed is included within the boundary of another municipality. For the purposes of annexation, Florida Statutes defines the following terms in Paragraph 171. 031 ( 13). 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. 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. 30-  Enclave" any unincorporated improved or developed area that is means: ( a) 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. Section 171. 031 ( 13), F.S. The Engineering Services Department has verified that the property is contiguous to the City limits. The property is comprised of one ( 1) platted lot in the Country Club Estates Subdivision, therefore is considered compact. The annexation of the subject property would not create but would remove an enclave now surrounded by City an enclave, incorporated property. There are two (2) existing unincorporated properties remaining on Wedgewood Lane NE. The City Council shall consider the recommendation of the Municipal Planning Board and after a public hearing with public notice as prescribed by Florida Statutes, approve or disapprove the annexation ordinance. An adopted annexation ordinance shall be filed with the clerk of the circuit court and the chief administrative officer of Okaloosa County and with the Department of State within seven ( 7) days after adoption. The ordinance must include a map, which clearly shows the annexed area and a complete legal description of that area by metes and bounds. Standards for Annexation: In