Fort Walton Beach Council agenda — 02-26-02 regular Council agenda — reading text

recommendation, municipal planning board, city council decision, standards for annexation and impact fees. A summary of each is included in the staff report and analysis sent to the MPB. RECOMMENDATION: The Municipal Planning Board recommended approval of Ordinance 1464, with the inclusion of the format changes suggested by the City Attorney' s Office. Attachments: Proposed Ordinance 1464 ( draft 2- 8- 02) City Attorney' s Office Memo 2- 11- 02  CITY OF FORT WALTON BEACH COMMUNITY DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM Date: January 30, 2002 To: Chairman and Members Municipal Planning Board Through: Missy McKim, AICP, CDS Directo~ From: Len Mitchell, Planning Manager ~ SUBJECT: Ordinance 1464- Amend Code of Ordinances- Annexation Process BACKGROUND: The City' s New Comprehensive Plan Directions includes a pqlicy ( G. 6. 1) that states that the City will review its current annexation process for voluntary annexations and determine if the process can be amended to ensure an efficient and smooth transition from unincorporated Okaloosa County to the City of Fort Walton Beach. The current process requires approximately 5 months, 2 hearings by the Municipal Planning Board and 3 by City Council, just to adopt an annexation ordinance. That does not include the additional time necessary to process amendments to the City' s land use and zoning maps, which require adoption of two more ordinances. These lengthy processes often deter persons who might otherwise consider voluntarily annexing to the city limits. For others who are seeking immediate relief from failing water wells or septic tanks, the protracted time period causes unnecessary delays. The process for amending the City' s Code regarding annexation is by adoption of an ordinance. Staff has drafted an amendment to the City Code of Ordinances where the current process is found, Chapter 2, Section 2-5. Annexation requests. The draft amendment presented in Ordinance 1464 shortens the current process to the minimum required by General Law ( Chapter 171, Florida Statutes), while maintaining the process and procedures for scrutiny available in the current code. Staff forwarded Ordinance 1464 in draft form to the City Attorney' s Office for review. Their comments should be available at the Municipal Planning Board meeting on February 7, 2002, when staff presents the ordinance to the MPB for consideration. ANALYSIS: During the1960' s and 70' s annexation ordinances were prepared for consideration by the council and adopted after two readings. A 30- day notice of intent to annex was included. A typical ordinance is attached for information. In 1974, Ordinance 593. 1 was enacted by the City to provide for an inspection and report/photos of the conditions of buildings and grounds prior to being annexed into the city. In the 1970' s and 80' s annexation ordinances typically included a statement establishing the zoning for property being annexed. In 1989, the City Code was amended again by Ordinance 1060 to revise the annexation process in the form it appears today. At the same time that the City was adding additional requirements to its annexation process other changes were made that affected the process. In 1986, the Florida Legislature revised the Local Government Comprehensive Planning Act to require another round of local government comprehensive plans to be produced... this time with future land use maps ( FLUMs) that were binding on local government' s land use decision- making. Zoning changes could no longer be made that were inconsistent with the new land use maps. The requirement for the FLUMS added another requirement, one that had to precede the establishment on zoning in the case of designating zoning districts for newly annexed properties. From July 24, 1990 until the present day the City has had to process annexations by following its self-imposed preliminary process, the one that appears in Section 2- 5, and the requirements of General Law ( Chapter 171, F. S.) to annex a property by the adoption of an annexation ordinance. To further complicate the process, the City' s self-imposed process requires completion of the ordinance process before utilities could be annexation extended to annexing properties. To avoid those delays the City Attorney' s Office devised an annexation agreement process to provide accommodation for those property owners seeking annexation to acquire City utility connections. DISCUSSION: The staff has drafted ordinance 1464 with the intent of devising a process that meets the requirements of General Law and removes the City' s " preliminary process". The latter adds at least seven ( 7) weeks to the process. Staff believes that the same oversight can be accomplished concurrently with the development of the usual staff reports necessary to process an annexing ordinance, an ordinaflce to designate a FLUM category and zone the newly annexed property, without the need for the preliminary process. Much of the current language in Section 2- 5 is administrative procedure that should not have been included in an ordinance, but should be put in place as administrative policy approved by the City Manager. Section III. of Ordinance 1464 includes the language proposed to be inserted in lieu of the current language. The Ordinance proposes seven ( 7) sub-sections entitled purpose, application, staff review and recommendation, municipal planning board, city council decision, standards for annexation and impact fees. A summary of each follows: a) Purpose- defines the reason for the ordinance ( Le. establish orderly and equitable process for expanding the city' s territorial limits). b) Application- specifies that an application must be filed with CDS, fee paid if any required ( there is no fee at this time), and proof of ownership. Adds provision for dealing with annexation ( development) agreement as part of annexation process, except when property to be annexed is to be used as a detached single- family residence. c) Staff review and recommendation- staff will review request and recommend based on standards specified in sub- section f. d) Municipal Planning Board- specifies role of MPB to recommend to Council after conducting public hearing on annexing ordinance. e) City Council decision- Council considers recommendation of MPB and conducts public hearing. Florida Statutes requires that annexing ordinances be advertised one each week for two consecutive weeks before the ordinance is considered for adoption. Adopted ordinance is filed with Clerk of the Court, County Manager and Florida Department of State. f)Establishes standards to be considered prior to annexation. g) Impact fees- City requires impact fees to be paid before annexation is effective. RECOMMENDATION: Staff recommends that the Municipal Planning Board forward City Council a recommendation of approval for Ordinance 1464. Attachments: Proposed Ordinance 1464 Ordinance 594 Ordinance 593. 1 Ordinance1060  1 ORDINANCE 1464 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, 4 RELATING TO ANNEXATION PROCEDURES; PROVIDING FOR AMENDMENT 5 OF CHAPTER 2. ADMINISTRATION, ARTICLE I. IN GENERAL, SECTION 2- 5. 6 ANNEXATION REQUESTS; PROVIDING FOR AUTHORITY; PROVIDING FOR 7 DELETION OF SECTION 2- 5. ANNEXATION REQUESTSAND SUBSTITUTING 8 THEREFORE A NEW SECTION 2- 5. VOLUNTARY ANNEXATION PROCESS; 9 PROVIDING FOR REPEAL OF ANY CONFLICTING ORDINANCES; PROVIDING 10 FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, 13 FLORIDA, AS FOLLOWS: 14 15 SECTION I. Authority. The authority for enactment of this ordinance is pursuant to 16 the powers for the City of Fort Walton Beach provided in Section 2 of the City Charter 17 and Section 166. 021, Florida Statutes. 18 19 SECTION II. Chapter 2. Administration, Article I. In General, Section 2- 5. 20 Annexation Requests. 21 22 Article I. In General, Section 2- 5. Annexation requests, is hereby deleted as 23 follows: c.... Sec. 2 5. .l\nnexation requests. 26 27 3) Procedures for processing. Administrative processing in accordanco 28 ith 3nd this Code shall be accomplished as follows: 29 30 1) Any person dosiring to annex property to the city may make 31 application to the planning and zoning director on the form set forth 32 in this section the applicant shall attach to the :Jpplication : 3 copy of 33 the deed of title or other proof of ownership of the property. 34 35 APPLICATION FOR ANNEXATION 36 37 TO: The City Council 38 City of Fort Walton Beach 39 City Hall 40 Fort 'Nalton Beach, FL 32548 41 42 Ale, the undersigned, hereby requost that the following 43 described property, of which we are the owners, be annexed to 44 the present city limits of the City of Fort Vo/ alton Beach: 45 4' Insert legal description): DRAFT 1- 29- 02 47 Attached is as evidence of this ownership. 49 Dated this day of I 19_. 50 51 52 Witnesses: 53 SEAL) 54 SEAL) 55 SEAL) 56 SEAL) 57 58 59 2) The application shall be referred to the public works department 60 where it shall be checked to see that the property is contiguous and 61 reasonably compact and that normal water and sewer connections 62 n be made. If the '.vater ~ md sevt'er connections require unusual 63 costs, the applicant shall be notified of these costs and of his 64 responsibility for payment. 65 66 3) If the initial investigation discloses that buildings exist on the 67 property, the division of building and zoning and the fire department 68 shall be so advised by the public 'Norks department, and each shall 69 inspect such buildings to determine whether or not they are in conformity '.vith the requirements of all applicable codes. The 7', division and the fire department shall V3rd their reports to the fOI"\ 72 planning and zoning superintendent. 73 74 4) Upon completion of staff review and reporting, the application, 75 together with staff reports, shall be reviewed by the pl3nning board, 76 Nhich shall make its