Fort Walton Beach Council agenda — 11-22-05 ‎(regular)‎ — reading text

total funds awarded within the first twelve ( 12) months, with the remainder of the funding to be awarded within the next twelve (12) months. 11. Rehabilitation of Manufactured Housing: Manufactured housing units built after July 13, 1994 will be eligible for repair or reconstruction; however, manufactured housing units built prior to July 13, 1994 will only be eligible for reconstruction. The manufactured home and the land the home is located on must be assessed and taxed as real property. After assistance is provided, the City will verify that the units are affixed to a permanent foundation in accordance with Section 20- 750 of the City of Fort Walton Beach Land Development Code. Program Design Application Tab 1 Page 5 of5  o 0 CITY COUNCIL MEETING November 22, 2005 Public Hearing Consideration of Ordinance 1676, republishing, adopting and enacting the Code of Ordinances for the City of Fort Walton Beach Second Reading) City Attorney) Council Action 1st 2nd Vote: PH - 5 Agenda Item Number:  o o 1 ORDINANCE NO. 1676 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH FLORIDA 4 REPUBLISHING, ADOPTING, AND ENACTING THE CODE OF 5 ORDINANCES OF THE CITY OF FORT WALTON BEACH FLORIDA 6 2005; ESTABLISHING A NEW ORGANIZATION AND NEW 7 NUMBERING SYSTEM; AUTHORIZING EDITORIAL AMENDMENTS 8 BY CITY ATTORNEY AND CITY CLERK; AUTHORIZING 9 INCORPORATION INTO CODE BY REFERENCE; PROVIDING FOR 10 CONSTRUCTION OF FUTURE AMENDMENTS; ESTABLISHING A 11 GENERAL PENALTY FOR VIOLATION OF THE CODE; AND SETTING 12 AN EFFECTIVE DATE. 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON 15 BEACH, FLORIDA,AS FOLLOWS: 16 17 SECTION 1. AUTHORITY. The authority for enactment of this Ordinance is Section 18 166. 021, Florida Statutes ( 2005). 19 20 SECTION 2. REPUBLICATION, ADOPTION AND ENACTMENT 21 The City Council hereby republishes, adopts, and enacts the " Code of Ordinances, City of 22 Fort Walton Beach, Florida 2005," consisting of four volumes, Volume I, Charter, Volume II, 23 Code of Ordinances, Volume III, Comprehensive Plan, and Volume IV, Land Development 24 Code~ and designated by chapters 1 through 12, inclusive. (" C;ode") 25 26 SECTION 3. REORGANIZATION AND NEW NUMBERING SYSTEM OF CODE 27 This republication includes a new subject matter classification and is arranged in four 28 volumes. Volume I is the Charter of the City of Fort Walton Beach. Volume II, Code of 29 Ordinances, is code provisions other than the Land Development Code. Volume III is Directions 30 The Comprehensive Plan Of The City Of Fort Walton Beach: 2008. Volume IV is the Land 31 Development Code. The volumes are arranged internally by subject matter and Volume II is 32 further arranged alphabetically. 33 This republication adopts a new numbering system that permits broader expansion of 34 chapters and subsections. A " Title" designates a broad subject- matter classification and is 35 assigned a Roman Number, i.e., " Title I."Titles are intended only as reference and are 36 unnecessary for citation. A " Chapter" will contain a particular subset of the subject matter and be 37 assigned a whole Arabic number beginning with the title number, i.e., " Chapter 5. 0, or Chapter 38 5. 10." A " section" will be the elements of a chapter and will usually correspond to individual 39 sections of ordinances. Each section is assigned a three- factor decimal number which designates 40 its placement within a title and chapter, i.e., " section 5.10. 01." 41 This numbering system accommodates future provisions by assigning numbers in tens, 42 and giving the new element an intermediate decimal increment. Thus, a new chapter between 43 5. 10 and 5. 2, could be assigned " 5.11," or between 5. 01 and 5. 02, " 5. 011." A new section 44 between 5. 10. 01 and 5.10. 02 can be assigned " 5.10. 011." Toni L.Craig Page 1 11/9/ 2005 vtJ-(  o o 1 SECTION 4. AUTHORITY TO AMEND PROVISIONS REGARDING PRIOR i ORDINANCES & CODE PROVISIONS 4 This republication is not intended to repeal or invalidate any previously properly adopted 5 ordinance or provision of the prior Code unless such repeal or amendment has been adopted by 6 ordinance prior to or in conjunction with this republication. Therefore, the city attorney, city 7 clerk, and publisher, in conjunction with the city attorney and city clerk, shall have the authority 8 to amend by editorial corrections any provision of this Code if it is determined by them that any 9 section of any prior Code provision or ordinance adopted before November 8, 2005, was 10 inadvertently omitted, incorrectly edited, or otherwise substantively changed by editing. 11 12 SECTION 5. PENALTY 13 Unless another penalty is expressly provided, every person convicted of a violation of any 14 provision of the pursuance thereof, shall be punished by a fine not exceeding five hundred dollars 15 500. 00), or for imprisonment for a tenn not exceeding sixty (60) days, or by both such fine and 16 imprisonment. Each act of violation and each day upon which any such violation shall occur shall 17 constitute a separate offense. The penalty provided by this Section, unless another penalty is 18 expressly provided, shall apply to the amendment of any Code section whether or not such 19 penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the 20 City may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation 21 of license or pennits. 22 23 SECTION 6. INCORPORATION INTO CODE BY REFERENCE; FUTURE i 24 AMENDMENTS 25 Additions or amendments to the Code when passed in the form as to indicate the intention 26 of the City Council to make the same a part of the Code shall be deemed to be incorporated in the 27 Code, so that reference to the Code includes the additions and amendments. Ordinances adopted 28 after November 8, 2005, that amend or refer to ordinances that have been codified in the Code, 29 shall be construed as if they amend or refer to like provisions of this Code. 30 31 SECTION 7. EFFECTIVE DATE. 32 This Ordinance and the new Code being adopted shall take effect on January 1, 2006. 33 34 35 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORT 36 WALTON BEACH, FLORIDA ON THE DAY OF . 2005. 37 38 39 40 MIKE ANDERSON 41 MAYOR 42 43 44 ATrEST: Approved as to form and legal sufficiency. 45 Toni L.Craig Page 2 11/9/ 2005  o 0 CITY COUNCIL MEETING November 22, 2005 Public Hearing Consideration of Ordinance 1665, rezoning property at 106 Jonquil Avenue First Reading) CDS Director) Municipal Planning Board Recommendation: Approval (6-0) 11/ 03/05 Council Action 1st 2nd Vote: Agenda Item Number: PH- 6  o o CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM DATE: November 8, 2005 TO: Joyce Shanahan, City Manager THROUGH: Missy Mc Kim, CDS Direct~ FROM: Len Mitchell, Planning Manager ~ SUBJECT: Ordinance # 1665 - Request to Rezone 106 Jonquil Avenue NW from C-1 ( Limited Commercial)District to R- 2 ( Multiple Family Dwelling) District ( 1 st Reading) THE REQUEST: The Community Development Services Department ( CDS) has received a request from Tuncay Gerdan and Serdar Ucak, owners, to rezone from C-1 ( Limited Commercial) District to R- 2 Multifamily Dwelling) District a 1. 1 acre parcel of property located at 106 Jonquil Avenue NW. BACKGROUND: The process of amending the Official Zoning Map of the City requires the adoption of an ordinance after two (2) readings before the City Council. An advertised public hearing must be held 10 days prior to adoption. As explained in the Staff Report, the applicants are seeking to develop the request site for multiple family dwellings. The application is similar to previous requests to rezone adjacent property to the north across Sullivan Street. The City redesignated this property MDR, Medium Density Residential when it amended the Future Land Use Map in November 2000. These changes were made to create transitional land use between the Highway Commercial designation along Mary Esther Cut Off and the Low Density Residential designation applied to the residential Oakland Neighborhood to the east. The owners come with a request to complete the process and change the zoning district to R- 2 ( Multiple Family Dwelling) a district that is considered consistent with the MDR Future Land Use designation. The Municipal Planning Board ( MPB) considered the application following a public hearing on November 3, 2005. There was no public comment. The MPB considered the Staff Report, that the request was considered consistent with the Comprehensive Plan, and recommended that City Council approve the request by a vote of 6- 0 ( Glover was absent). DISCUSSION: Staff has prepared the enclosed Staff Report, which includes general background information, a project description and a chronology of the zoning and development of the request site. The Staff Report also includes a determination of applicable law, consistency of the request with the  o o Comprehensive Plan and determination of appropriateness of the request, including suggested findings