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

convince the court of the likelihood of their prevailing on the merits of the case, and he felt that is substantially unlikely. When asked if possibility of underlying there is a Constitutional that issuesmight change that here picture, the City Attorney said Mr. Townsend spoke to that issue at the Regular Council Meeting on September 22. when he addressed the question of the ability of the State government to oppose to limitations on zoning authority for municipalities. He said the State gives the power and limits the power. He has not looked at it, and his general opinion of the law is consistent with Mr. Townsend' s report at that meeting. He commented if there is a basis. he would be glad to look at that for Council. It was the consensus of Council that the City Attorney look at the issues of this situation. When a reference was made to F. S. 419. 001 ( 3) ( b) ( 1), and the question asked if this would apply regarding safe care, Mr. Townsend responded he did not feel that applies to this facility; he mentioned he has looked at that. and it applies only to those facilities with seven or more residents. The City Attorney mentioned they have looked at the obvious things related to the Statute, and they can undertake to look at it from the perspective of a judicial action. When asked if there is any action that can be taken to get immediate relief angle, the City from a legislative Attorney replied no, they are in session annually. It was then pondered whether they could go through the Department of Professional Regulations and get some help there on holding up the licensing. Mr. Townsend mentioned he has a copy of the license from the State of Florida Department of Health and Rehabilitative Services, License number 0007904, Control number B16816, issued to David and Tammy Price, with an effective date of 9- 9- 92. Mr. Johnson said he has no reason to doubt the validity of this, and this is the first time he has seen it.  SPECIAL MTG - ACLF AT 227 MCARTHUR 9- 29- 92 183 227 MCARTHUR ( CONT.) When it was considered to change the Land Development Code, and a reference was made to Destin' s Land Development Code which restricts these things to Multi- family zoning instead of single family. the City Attorney said the comparison with the Destin provisions is irrelevant. and he recommends they disregard it. He said the Fort Walton Beach Land Development Code and Comprehensive Plan are consistent with State Law. I Mr. impact of Deal moved that the McArthur Human neighborhood of the Avenue. and Adult City Council. Congregate Living Facility at 227 apparently licensed by the Department Rehabilitative substantially negative impact. as being a in Services. considering the on the based upon information heard in a public hearing. will go on record opposing that facility being located at 227 McArthur Avenue in Fort Walton Beach. and request and urge HRS to reconsider the issuance of the license. Motion was seconded by Mr. Hambleton. Mr. Nicholson asked that the motion be amended to include the Department of Professional Regulations since they may be the licensing body. Mr. Deal and Mr. Hambleton accepted the amendment. The Mayor called for the vote on the motion, as amended. and it carried unanimously with Nicholson. Campbell. Deal. Gibson. Hambleton and Wyninegar in favor ( Maney absent). Mr. Hambleton moved that City Council instruct staff to proceed with haste investigating all available in methods of dealing with and possibly amending the City' s Comprehensive Plan and Land Development Code to implement changes to try to rectify the problem of Adult Congregate Living Facilities in Single Family Residential neighborhoods. Motion was seconded by Mrs. Wyninegar and carried unanimously with Nicholson. Campbell. Deal. Gibson. Hambleton and Wyninegar in favor Maney absent). Frank Cannon, 204 Hudson Drive, mentioned that in Mr. Price' s talking paper. he said zoning for any property on McArthur Avenue has not changed or is not likely to be changed anytime in the future. Mr. Cannon expressed his opinion that anytime there is income coming from a property, it is a business, and he felt the HRS is a I moot The point. Mayor felt Northwest the City of Florida they need to address the Statute to the Delegation. and put it on notice that Fort Walton Beach is not happy with Florida Statute 419. 184 9- 29- 92 SPECIAL MTG - ACLF AT 227 MCARTHUR AVENUE 227 MCARTHUR ( CONT.) When a question was raised regarding whether the Restrictive Covedence has any affect on the law at all, the City Attorney replied he has not looked at that, but the City has no standing to enforce those in any event. Emmett Redding, 219 Glynda Court, informed the Department of Regulations contact in Pensacola is Renee