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

the fcHowing Pursuant to your request. ordinance 1464 recummendations: rt: c.I e ..1 A . rh ., er ..., i\. UiiloOni'l CitatIOn to ....." t.. '" . ~ ., tucre Siloil, u vC a L L. ap! We agree wltn your OD5crvailon tliat n and HI to reflect this. in General, Section 2- 5. Please correct the citations in boi.h section;; 2) of Section in 5uosedion ( f)( HI, """ lith" Sh01;ld replace " wit", s next ~ dvertisemcnt The correction to the liHe is duiy noted and please make sure that ~he City' of the ordinance retlects the tide corrccliy. V./ ith changt;!;,proposed Ordinance t 464 is approved for legal sufficiency, thcs(; r\:.h\ mcmcs\2002\.~! d ~4~. 0:2 t ' 02 .d~ iITiii1~ lh;i)! I \ fo!:::~";' riumdp~!~ TnTA! p. 0J 1 ORDINANCE 1464 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, 4 RELATING TO ANNEXATION PROCEDURES; PROVIDING FOR 5 AUTHORITY; PROVIDING FOR AMENDMENT OF CHAPTER 2. 6 ADMINISTRATION, BY REPEALING ARTICLE 1. IN GENERAL, SECTION 2- 5. 7 ANNEXATION REQUESTS; ADOPTING A NEW ARTICLE 1. IN GENERAL, 8 SECTION 2- 5, VOLUNTARY ANNEXATION PROCESS; PROVIDING FOR 9 REPEAL OF ANY CONFLICTING ORDINANCES; PROVIDING FOR 10 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 11 12 BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF FORT WALTON 13 BEACH, FLORIDA, AS FOllOWS: 14 15 SECTION I.Authority. The authority for enactment of this ordinance is pursuant 16 to the powers for the City of Fort Walton Beach provided in Section 2 of the City 17 Charter and Section 166. 021, Florida Statutes. 18 19 SECTION II. Repeal of Chapter 2. Administration, Article I. In General, 20 Section 2- 5. Annexation Requests. 21 22 Chapter 2. Administration, Article I. In General, Section 2- 5, Annexation 23 Requests, a copy of which is attached and incorporated hereto is hereby 24 repealed. 25 26 SECTION III. Adoption of Chapter 2. Administration, Article 1. In General, 27 Section 2- 5. Voluntary Annexation Process. 28 29 Chapter 2. Administration, Article I. In General, Section 2- 5, Voluntary 30 Annexation Process, is hereby adopted as follows: 31 32 Section 2- 5. Voluntary Annexation Process. 33 34 ( a) Puroose. The city council is authorized to annex property pursuant to 35 the provisions of this section and Florida Statutes in order to establish an 36 orderly and eauitable process for expandinQ the territorial limits of the city 37 consistent with the planninQ and service areas of the city as set forth in the 38 comprehensive plan and to ensure the provision of sound urban services 39 to newly annexed areas. 40 41 ( b) AfJfJ/ication. An application for voluntary annexation shall be filed in a 42 form prescribed by the CDS Director and shall include information 43 reauired and. where applicable. a fee. as from time to time may be 44 established by resolution of city council and the followinQ: 45 DRAFT 2- 8- 02 46 1). A copv of the warrantv deed or other proof of ownership. or as 47 appropriate a sianed and sworn disclosure- of-interest form. 48 49 2). If development is to be initiated prior to the effective date of the 50 annexation and where such development is for a use other than a 51 detached sinale familv dwellina. then requisite site plans. plats. and 52 enaineerina plans shall be submitted toaether with the petition or 53 annexation aareement. 54 55 3). A proposed Future Land Use Map ( FLUM) desianation and 56 zonina cateaorv. 57 58 4) The terms of a proposed annexation aareement. if anv. 59 60 c) Staff review and recommendation. Upon receipt of an application. the 61 CDS Director shall review the application in accordance with the 62 standards in sub- section (f)below. and submit a recommendation on a 63 proposed annexation ordinance and aareement. if anv. to the Municipal 64 Plannina Board ( MPB). 65 66 d). Municipal Plannina Board. The Municipal Plannina Board shall 67 conduct a public hearina to consider public comment. after due public 68 notice. and shall consider the recommendation of the CDS Director at the 69 public hearina and the standards in sub-section (f) below and submit a 70 recommendation on the proposed annexation ordinance and aareement. if 71 anv. to the citv council. 72 73 e) City Council decision. The citv council shall consider the 74 recommendation of the Municipal Plannina Board and after a public 75 hearina with public notice as prescribed bv Florida Statutes. approve or 76 disapprove the annexation ordinance. An adopted annexation ordinance 77 shall be filed with the clerk of the circuit court and the chief administrative 78 officer of Okaloosa Countv and with the Department of State within 7 davs 79 after adoption. The ordinance must include a map. which clearlv shows 80 the annexed area. and a complete feaal description of that area bv metes 81 and bounds. 82 83 m. Standards for annexation. In considerina whether to annex a particular 84 parcel of propertv. the citv shall consider. in addition to those requirements 85 of General Law. the extent to which: 86 87 1). The proposed annexation will impact citv services. 88 89 2). The proposed annexation is consistent with the comprehensive 90 plan. 91 DRAFT 2- 8- 02 92 3). The future land use map desionation and zonino cateoory as 93 proposed. is appropriate. 94 95 4). The proposed or existino development. if any. is consistent with 96 city reoulations. 97 98 5). The terms of the proposed annexation aoreement. if any. 99 promotes the city' s comprehensive plan. 100 council 101 g). Imoact fees. The voluntary annexation of property by the city 102 shall not be effective until the applicable impact fees have been paid to the 103 city. 104 105 SECTION IV. Repeal of any conflicting ordinances. This ordinance hereby 106 repeals all provisions of Ordinances or Resolutions in conflict. 107 108 SECTION V. Severability. If any section, phrase, sentence, or portion of this 109 Ordinance is, for any reason, held invalid or unconstitutional by any court of 110 competent jurisdiction, such portion shall be deemed a separate distinct, and 111 independent provision, and such holding shall not affect the validity of the 112 remaining portions thereof. 113 114 SECTION VI. Effective Date. This Ordinance shall take effect immediately upon 115 approval by City Council and the signature of the Mayor. . 116 117 118 ADOPTED: 119 120 MAYOR: 121 122 ATTEST: 123 124 125 126 CITY CLERK The form and legal sufficiency 127 of the foregoing has been 128 reviewed and approved by the 129 City Attorney. 130 131 132 133 J. Jerome Miller, City Attorney DRAFT 2- 8- 02  Municipal Planninq Board & Local Planninq Aqencv 2/ 7/ 02 CE OF TIm CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING ACT; AMENDING FUTURE L USE MAP OF PROPERTY ATED AT 713 AL); PROVIDING FOR AN EFFECTIVE Mr. Mitchell rep ed the Staff Report esents a detailed on the variou Ity levels of servic . there were no Ai? were enter mto the record, for their cal Planning Agency, rward Ord. 1469, onded motion and it bert absent). unicipal Planning Board was I PUBL Th Mr. Mitchell advise s ordinance is for the zoning of 713 Rodney Ave effective upon Or . ance 1469 becoming ective, el moved to forward rd. 1470, Rezoning of