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

report and recommendation to oouncil. After 77 completion of the staff reports and planning board action, the 78 requost for :mnexation shall be placed on the council agend3 for 79 council' s consideration and preliminary approval. Upon the 80 preliminary approval of council, the city clerk shall propare and 81 process an annexation ordinance in accordance with general la'N. 82 83 5) Upon passage of the 3nnex3tion ordinance by the council, property 84 O'Nners shall be notified of the approval and, where immediate 85 connection of se'lIer and water utilities are desired or required to 86 meet the public sewer and city water connection requirements, the 87 finance director shall instruct tho supervisor of billings and 88 collections to collect the connection fees and to initiate a 'Nork order 89 for public 'Norks to make the taps as soon as possible. The clerk 90 making the 'Nark order shall make the necessary arrangements for 91 required deposits and for billing utilities. Nothing in this section shall 9' be interpreted to prevent the installation of ,-vater and se'Ner and for DRAFT 1- 29- 02  9'" billing utilities. Nothing in this section shall be interpreted to prevent the installation of water and S& Ner services outside the city, upon 95 approval of council. 96 97 ( b) Inspection of bufk:J.'ngs on land. Prior to annexing any land which 98 contains buildings of any kind, the building inspector shall inspect such 99 buildings and grounds and report their condition to council, using 00 adopted codes and ordinances as his guide. A copy of such report, 01 together with a picture of any such structure and grounds, shall 02 accompany the application for annexation. 03 04 SECTION III. Chapter 2. Administration, Article I. In General, Section 2- 5. 05 Voluntary Annexation Process. 06 07 Chapter 2. Administration, Article I. In General, Section 2- 5. Voluntary 08 Annexation Process, is hereby added: 09 10 Section 2- 5. Voluntary Annexation Process. 11 12 ( a) Puroose. The city council is authorized to annex property to the pursuant to 13 the provisions of this section and Florida Statutes in order to establish an 14 orderly and equitable process for expandinQ the territorial limits of the city 11: consistent with the planninQ and service areas of the city as set forth in the comprehensive plan and to ensure the provision of sound urban services to 17 newly annexed areas. 18 19 ( b) Application. An application for voluntary annexation shall be filed in a form 20 prescribed by the CDS Director and shall include information required and. 21 where applicable. a fee. as from time to time may be established by resolution 22 of city council and the followinQ: 23 24 ( 1). A COpy ot the warranty deed or other proof of ownership. or as 25 appropriate a siQned and sworn disclosure-ot-interest form. 26 21 ( 2). If development is to be initiated prior to the effective date of the 28 annexation and where such development is for a use other than a 29 detached sinole family dwellinQ. then requisite site plans, plats. and 30 enQineerino plans shall be submitted tOQether with the petition or 31 annexation aoreement. 32 33 ( 3). A proposed Future land Use Map ( FlUM) desiQnation and zonino 34 cateoorv. 35 36 ( 4) The terms of a proposed annexation aoreement. if any. 37 DRAFT 1- 29- 02  c) Staff review and recommendation. Upon receipt of an application. the CDS Director shall review the application in accordance with the standards in sub- 40 section (f)below. and submit a recommendation on a proposed annexation 41 ordinance and agreement. if any. to the Municipal Planning Board ( MPB). 42 43 fd). MuniciIJal Planninq Board. The Municipal Planning Board shall conduct a 44 public hearing to consider public comment. after due public notice, and shall 45 consider the recommendation of the CDS Director at the public hearing and 46 the standards in sub- section (f)below and submit a recommendation on the 47 proposed annexation ordinance and aareement. if any, to the city council. 48 49 fe) City Council decision. The city council shall consider the recommendation 50 of the Municipal Planning Board and after a public hearing with public notice 51 as prescribed by Florida Statutes. approve or disapprove the annexation 52 ordinance. An adopted annexation ordinance shall be filed with the clerk of the 53 circuit court and the chief administrative officer of Okaloosa County and with 54 the Department of State within 7 davs after adoption. The ordinance must 55 include a map. which clearlv shows the annexed area. and a complete leaal 56 description of that area by metes and bounds. 57 58 n. Standards for annexation. In considering whether to annex a particular 59 parcel of property. the city shall consider. in addition to those reQuirements of F" General Law. the extent to which: 62 1). The proposed annexation will impact city services. 63 64 2). The proposed annexation is consistent wit the comprehensive plan. 65 66 3). The future land use map designation and zonina category as 67 proposed. is appropriate. 68 69 4). The proposed or existing development. if any. is consistent with citv 70 regulations. 71 72 5). The terms of the proposed annexation agreement. if any. promotes 73 the citv' s comprehensive plan. 74 75 fa). ImIJact fees. The voluntary annexation of propertv by the city council shall 76 not be effective until the applicable impact fees have been paid to the citv. 77 78 SECTION IV. Repeal of any conflicting ordinances. This ordinance hereby repeals 79 all provisions of Ordinances or Resolutions in conflict. 80 81 SECTION V. Severability. If any section, phrase, sentence, or portion of this 8? Ordinance is, for any reason, held invalid or unconstitutional by any court of t competent jurisdiction, such portion shall be deemed a separate distinct, and DRAFT 1- 29-02 P independent provision, and such holding shall not affect the validity of the remaining h_ portions thereof. 86 87 SECTION VI. Effective Date. This Ordinance shall take effect immediately upon 88 approval by City Council and the signature of the Mayor. 89 90 91 ADOPTED: 92 93 MAYOR: 94 95 ATTEST: 96 97 98 99 CITY CLERK The form and legal sufficiency of 00 the foregoing has been reviewed 01 and approved by the City Attorney. 02 03 04 05 J. Jerome Miller, City Attorney DRAFT 1- 29- 02 0 READ IN ~ TE 1st tt:~ I- I IfJ- ll.r; ORDINANCE 51~ AN ORDINANCE DECLARING THE INTENTION OF THE CITY OF FORT WALTON BEACH TO ANNEX LAND TO SAID CITY UNDER THE PROVISIONS OF SECTION 171. 04, FLORIDA STATUTES, PRO- VIDING THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY GF FORT WALTON BEACH, FLORIDA: SECTION I. That under the provisions of Section 171. 04, Florida Statutes, it is the intention of the City of Fort Walton Beach to annex a tract of land to said City at the of thirty ( 30) days from the first publication of expiration th~s ordinance after its approval by the' Council and said tracts being-' ~ he following described property: The South half of the West half of the NW 1/ 4 of the NW 1/ 4 of the SE 1/ 4 of Section 35, I' ' . Township 1 South, Range 24 West, Gkaloosa County, Florida, except for 66 feet off the west side reserved for use as a Public Road and a strip of land 33 feet wide off the south side reserved for use as a Public Road, all of said property being reserved on property described under description above. Commencing at the one half section corner of the west line of Section 36, Twp 1 S, Rge 24 W. thence East 1929. 31 ft. thence angle right 89051' a dis- tance of 889. 04 ft. thence angle left 90000' a distance of 210. 0 ft. to the Point of Beginning, thence angle right 6012' a distance of 407. 21 ft. to the Northwesterly R/ W line of Mooney Road, thence said R/ W line of Mooney Road a dis- Westerly along tance of 453. 0 Ft. more or less to a point due south of the P. G. B., thence North a distance of 231. 50 ft. to the P. G. B. Lying and being Government Lot 5, Section 36, Twp IS, Rge 24- W, Okaloosa County, Florida. From the SE corner of the West 20 Acres of the NE 1/ 4 of SW 1/ 4 of Section 9, Township 2- South, Range 24 I ~~ West, Okaloosa County, Fla. Thence run West 150. 0 feet for a point of beginning thence continue West 75. 0 feet thence North 200. 0 feet thence East 75. 0 feet thence South 200. 0 feet to the point of be- ginning. Lots 3, 4, 5, 6, 7, 8, and 9, Block 3 ( inclusive) Pineview Subdivision, Okaloosa County, Florida. SECTION II. Any objections to the above annexations may be made in the manner and by those authorized under the aforesaid section of the Florida Statutes.  SECTION III. This Ordinance shall take effect im- mediately upon its final passage and approval by the City Council and Mayor. SECTION IV. This Ordinance shall be