Fort Walton Beach Council agenda — 03-08-05 — reading text

plans of the city or adjacent local govemments. 14 15 n analysis and revie'N of development proposed in the 4) I\ 16 comprehensive plan including amendments to the oomprehensi'.~e 17 plan so as to indicate the relationship of any proposed development 18 to the comprehensive plans of the cit}'and adjacent looal of 19 gO'Jernments. This r~ Jie\'J shall be based upon the consistency 20 e plan. the proposed de'.(elopment \\.ith the comprehensi~.( 21 5) "' 41 analysis of the coordination bet\ oen plans of affected a: 22 23 go': emments. 24 6) :\ n analysis of the cooperation and coordination betv..'public 8en 25 26 ision of recreational opportunities. and pri'/ ate sectors in the prO'.. 27 28 7) ^ city's building, housing, planning and zoning ro\ 4o':I of the 29 codes and code requirements to ensure that quality of housing and 30 integrity of neighborhoods is adequately addressed. 31 32 8) ^ study, ~#ith recommendations, that addresses: 33 34 a. Locallzod ftooding, problems and appropriate corrective 35 actions and impacts, if any, on surface 'Nater quality; and 36 37 b. The upgrade of potable r distribution and storage v..~ 38 system. 39 40 9) Considerations of the r-ecomendations made by the city's 41 emergency management director to the city council regarding 42 comprehensi'/ e plan and ordinance amendments to ensure 43 consistency vlith the haz-ard mitigation annex of the local peacetime 44 emergency plans and applicable existing inter agency haz.ard mitigation reports. 47 c) The capital improvements element ( CIE) shall be re'Jie\AJed on an DRAFT 12- 22-04 2  annual basis. The committee shall annually e\f. 3luate the implementation of the e~ capital imprO\-ements element. By April 1 of each yoar, the committee shall report 3 to the municipal planning board the status of implementation 3cti~ities as '::ell as 4 lettal of service conditions ':lithin the city. By July 1 of each year, the muniGipal 5 planning board shall report to the city council its e'.(aluation of the implemontation 6 ements element and the comprehensive plan. CQntained of the capital impra'... 7 Athin the report shall be any recommendations the municipal planning board and any 8 may promulgate in order to maintain level of service standards 9 adjustments necessary to the C IE and the city's annual capital imprO\'ement 10 program. 11 12 26. Annual Reoort on Facility CaDacitv. Section 20- 13 14 a) On an annual basis the communi~ develooment services deoartment shall 15 issue a facility caDacitv reoort indicatinc the facility cacacitv status for each oublic 16 facility havinc an adopted LOS standard. The extent of the remaininc caDacitv 17 available for each fiscal year shalt be made available to the caneral DubUc within 18 thirtY (30) days of the start of each fiscal Year. The DubUc works deDartment shall 19 be resDonsible for determininc the water and wastewater facility cacacitv status 20 to be induded in the facilitv caoacitv reoort. Caoacitv status shall be determined 21 in accordance with the City' s waterlwastewater caoacity oolicv. 22 23 1) Nothina herein shall oredude the issuance and effectiveness of 24 amendments to the annual recort if uDdatina or correction is deemed 25 necessary for: errors in oreDaration. the imDact of issued develoDment 26 orders Of oermits. as monitored bv the community develooment 27 deoartment if such monitorinc indicates an unacceDtable decradation to 28 an adooted LOS standard: Of chances in the status of caoital imDrovement 29 oroiects of the state or any local poyemment which chances the 30 underlYina assumption of the annual reoort. 31 32 2) Under no circumstances win an amended annual reoort divest those 33 riants acauired Drior to the amended annual statement exceot where a 34 divestiture of such rights is dearlY established bY the citv council to be 35 essential to the health. safety or welfare of the caneral oublic. 36 37 b) As Drovided in the Dlan. the caoital imoroyements element shall be uodated 38 annuallv durinc the budget review DfOceSS. The annual reDoft on facility C8Dacity. 39 DreDared in coniunction with the budcet review Drocess shall be Dreoared not 40 later than June of each year and shall include a forecast of the caoscity of 41 existinc and olanned capital imorovements identified in the five-year schedule of 42 capital imorovements. The forecast shall be based on the most recently uDdated 43 schedule of caoital imorovements for each DUbUc facility. The community 44 develoDment services deDartment shall also annually revise relevant oopulation 45 oroiections. uodate Dublic facilitv invent9ries. uodate unit costs. and uDCIate revenue forecasts in coooeration with the finance deDartment. The findinas of the community develooment services deDartment shall be fully considered in DRAFT12~ 2~ 3  oreoarinp any oroDOsed amendments to the caoital imDrovements element. any e~ oroDosed amendments to the city annual budaet for DubUc facilities and the 3 review of and issuance of develoDment orders durina the next vear. 4 s reDort 5 c) Based uoon the community develooment services deoartment' 6 described above. the city manaaer shall annuallY DrODose to the city council any 7 amendments to the caoital imcrovements element. the city's annual budaet for 8 csoital imDrovements made necessary by circumstances described in the reoort. 9 10 SECTION IV. Conflicts. 11 12 All ordinances or parts of ordinances in express conflict with any of the provisions 13 of this Ordinance are hereby repealed. 14 15 SECTION V. Severability. 16 17 The sections, paragraphs, sentences, clauses, and phrases of this Ordinance are 18 severable. If any phrase, clause, sentence, paragraph, or section of this 19 Ordinance shall be declared invalid, unconstitutional or unenforceable by the 20 valid judgement or decree of the court of competent jurisdiction, such invalidity, 21 unconstitutionality, or unenforceability shall not affect any of the remaining 22 phrases, clauses, sentences, paragraphs or sections of this Ordinance. e: SECTION VI. Effective Date. 25 26 This Ordinance shall take effect immediately upon approval by City Council and 27 the signature of the Mayor. 28 29 ADOPTED: 30 31 MAYOR: 32 33 ATTEST: 34 35 36 Helen Spencer 37 City Clerk Approved as to form and legal 38 sufficiency. 39 40 41 42 Toni L. Craig 43 City Attorney 44 e= Strikettlreugtla are deletioHa; underlinina is an addition. DRAfT 12- 22-04 4  CITY COUNCIL MEETING e March 8, 2005 Public Hearing - QUASI JUDICIAL An Ordinance ( 1622) Rezoning the property at 19- 23 Alder Avenue SE from R-2 ( multi- family dwelling) District to CF ( community facilities) District Second Reading e Municipal Planning Board Recommendation: Approval 5-0 ( 2/ 3/ 05) Council Action 1st 2nd Vote: PH- 7 Agenda Item Number:  1 ORDINANCE 1622 e 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 4 FLORIDA, RELATING TO THE REZONING OF CERTAIN PROPERTY 5 WITHIN THE CITY OF FORT WALTON BEACH LOCATED AT 19-23 6 ALDER AVENUE SE; PROVIDING FOR AUTHORITY; PROVIDING 7 FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE 8 REZONED FROM R-2 ( MULTIFAMILY DWELUNG) DISTRICT TO CF 9( COMMUNITY FACILITIES) DISTRICT; PROVIDING FOR A ZONING 10 MAP AMENDMENT; PROVIDING FOR REPEAL OF ANY 11 CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; 12 AND PROVIDING FOR AN EFFECTIVE DATE. 13 14 NOW, THEREFORE, BE IT.ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT 15 WALTON BEACH, FLORIDA, AS FOLLOWS: 16 17 SECTION 1. AUTHORITY. The authority for enactment of this ordinance is Section 2, of 18 the City Charter, and Section 166. 021( 1), Florida Statutes. 19 20 SECTION 2. FINDINGS OF FACT. The City Council of the City of Fort Walton Beach 21 finds the following: 22 23 A. WHEREAS, an application for rezoning was received by the Department of 24 Community Development Services of the City of Fort Walton Beach by Grace Covenant, 25 Inc., the fee simple title holder of the subjed property; and, 26 e 27 B. WHEREAS a public hearing was held before the Municipal Planning Board on be 28 February 3, 2005, and the Municipal Planning Board has recommended the