Fort Walton Beach Council minutes — 09-29-1992 Special — reading text

177 MINUTES OF THE SPECIAL COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA SEPTEMBER 29. 1992 INTRODUCTION A special meeting of the City Council of Fort Walton Beach. Florida. was held on Wednesday, September 29. I 1992. at 5: 30 p. m.. in the Council Chambers at City Hall, with the following members present: Mayor William J. Roberts, III Councilmen: Nick Nicholson Bob Campbell Vic Deal Chris Gibson John Hambleton Cissy Wyninegar Absent: Tom Maney Also Present: Chuck Keeler. Manager; Helen City Spencer, City Clerk; Jerry Miller. City Attorney; Charles Evans, Finance Director; Department Heads; Media CALL TO ORDER The Mayor called the meeting to order and welcomed eve ryone . He requested anyone who wished to address Counc il to approach the podium after being recognized, then state their name and address for the record. INVOCATION & PLEDGE Mayor Roberts gave the invocation and led in the Pledge of Allegiance. FACT FINDING PROCESS John Townsend, attorney representing a group of home ADULT CONGREGATE LIVING owners inBayou Woods Subdivision. addressed an FACILITY - 227 MCARTHUR Adult Congregate Living Facility ( ACLF) licensed to be located at 227 McArthur Avenue. Mr. Townsend named his clients as Jerry and Aileen Worsham. Bob and Glenda Mayo, Ernest and Ann Hebson, and Chuck and Myra Wofford. He then description of the gave a brief problem that has from the arisen standpoint of his clients and addressed some of the concerns expressed by neighbors. He assured his clients have no objections to a facility of this type and express no prejudices against the categories of residents that are described in the Florida Statute as being qualified to live in a I facility of this concerns this what matter are substantially deceived the facility was type. was in He informed other handled. his clients' areas They such as feel the process though they were as and were not given any notice of actually going to be until after by which it had been licensed. He mentioned the second concern is the business character of the facility. noting that Chapter 419 of the Florida Statutes specifically defines the facility as non commercial in nature. 178 9- 29- 92 SPECIAL MTG - ACLF AT 227 MCARTHUR AVENUE 227 MCARTHUR ( CONT.) Mr. Townsend pointed out that Mr. Price describes this in his own talking paper as his family' s business. There is also the concern that this facility will not be resided in by the proprietor. Mr. Price indicated in his talking paper that he has no intent for he and his family to live in the facility and if this facility becomes profitable enough, plans to open a larger facility somewhere else. Another concern is the public safety factor. His clients are concerned for the fact that this facility is located at the intersection of one of the residential coming into one of the streets busiest four lane thoroughfares in the Fort Walton Beach area and the possibility of increased traffic flow and traffic coming out of that facility onto Beal Parkway. He mentioned that they are specifically asking Council to do two things. The first thing is for Council to pass a motion to go on record, after hearing all the comments this evening. as finding that this facility would cause a substantial negative impact upon this neighborhood and by reason of that negative impact, urge HRS to reconsider the issuance of a license to this facility. The second thing is that Council direct staff to investigate the possibility of some amendments to both the Comprehensive Plan and the Land Development Code or Zoning Ordinance of the City of Fort Walton Beach to see if there is any way to address this problem with regard to future applications. Of course that would not have any retroactive impact and would not affect this particular situation, but for future purposes, he felt it is something that should be considered. When a question was asked regarding the zoning of this property, it was clarified that it is zoned R- 1A. Bob Mayo, 226 McArthur Avenue. represented his neighborhood of over 200 people when he expressed concerns that the conversion of the property at 227 McArthur Avenue to a business use will affect the property values and the overall impact on the neighborhood. He noted a forecast regarding the change in property values cannot be made as there is no comparable situation on which to base an estimate. Maurice Forbragd, 215 McArthur Avenue NW. pointed out that the occupancy structure on his street and the adjourning street appears to be four people at the most, and he felt placing six people and support personnel in a like facility will be a large load on that facility. He shared that his community has experienced what happens when there is someone who is dying of cancer,