Fort Walton Beach Council agenda — 01-10-06 Regular — reading text

District. 57 the City of Fort 58 SECTION 4. ZONING MAP AMENDMENT. The Official Zoning Map of Walton Beach, as described in the Land Development Code, Article III. ZONING, DIVISION 59 3. ZONING DISTRICTS ESTABLISHED; ZONING MAP, Section 20-3 82, is hereby amended 60 to include a change of classification from P- 1 ( Professional Office) District to HC ( Highway 61 Commercial) District for the specific parcels which are legally described in Section 3. of this 62 63 Ordinance. 64 65 SECTION 5. CONFUCTING PROVISIONS. Special Acts of the Florida Legislature Beach, City Ordinances and 66 applicable to the incorporated area of the City of Fort Walton of this ordinance are 67 City Resolutions, or parts, thereof, in conflict with the provisions 68 hereby superceded by this ordinance to the extent of such conflict. 69 70 SECTION 6. SEVERABIUTY. If any section, phrase, sentence, or portion of this Ordinance such 71 is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, and such holding 72 portion shall be deemed a separate, distinct, and independent provision, 73 shall not affect the validity of the remaining portions thereof. 74 75 SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective upon approval by 76 the City Council and signature of the Mayor. 77 78 79 ADOPTED: 80 81 MAYOR: 82 83 84 ATTEST: 85 86 87 Helen Spencer, Ctty Clerk 88 Approved as to legal sufficiency and form. 89 90 91 Toni L. Craig, City Attorney 92 93 94 95 96 97 98 99 100 05 Draft 10-3- Page 2 of 2  CITY COUNCIL y JANUARY 10, 2006 SUBMITTAL FOR PUBLIC RECORD STAFF REPORT MPB CASE# 05- 28- RZ DAVID AND SUSAN WEllEMA AND FLORIDA & GULF COAST PROPERTIES, INC. P- 1 ( PROFESSIONAL OFFICE) DISTRICT TO HC ( HIGHWAY COMMERCIAL) DISTRICT 1988 AND 1992 lEWIS TURNER BOULEVARD b  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM DATE: November 29, 2005 TO: Joyce Shanahan. City Manager THROUGH: Missy Mc Kim, CDS Direct~ FROM: SUBJECT: Len Mitd1eII. Planning Manager i/ IYV' Ordinance # 1654 - Request to Rezone 1988 AND 1992 Lewis Turner Boutevard from P- 1 Professional Office District to HC Highway Commercial District ( 1st Reading) THE REQUEST: Request to rezone property located at 1988 and 1992 Lewis Turner Boulevard from P-1 Prof~ sionaf Office District to HC Highway Commercial DistriCt. Requested by C. Jeffrey Mcinnis. Esq.. Agent. David and SusanWeIIema and Aorida anq Gulf Coast Properties, loc. are the owners. (MPB Case#05- 28-RZ) BACKGROUND: The process of amending the Official Zoning Map of the City requires the adoption of an ordinance after two (2) readings before the City GOuncil. An advertised public hearing must be held 10 days prior to adoption. As explained in the Staff Report, the appftcant is seeking to develop the request site for a Pinch- a- Penny Pool Sup Ues t-ore. The applicants requested and the Cltyapproved a Jufy 2005 request to re-designate the subject property for Highway Commercial rather than General Commetcialon the City's Future land Use Map ( FLUM). n September 2005 the City changed the Future Land Use designation of the request site from GC, Genera1 Commercial to He, Highway Commercial. The applicants are now requesting to complete the process by amending the official zoning map to HC Highway Commercial, a district that is considered consistent with the Future Land Use designation. The Municipal Planning Board ( MPB) considered the application foUowing a public hearing on Novembe'r 3, 2005. There was no public comment other than that of the app1icant. The MPB considered the Staff Report.that the request was considered consistent with the Comprehensive Plan, and recommended that City Councn approve the request by a vote of 6- 0 Glover was absent). The applicant' s agent requested that the First Reading of Ordinance 1854 be delayed untit December 13. 2005 so that he could repf'e$ the application. ent DISCUSSION: Staff has prepared the enclosed Staff Report, which includes Qeneral kground information, a bCJ(: project description and a Chronology of the zoning and deve10pment of the request site. The Staff Report also incluQes a determination of applicable raw, consistency of the request with the Comprehensive Plan and determination of appropriateness of the request. ind~ ing suggested findings for the MPB regarding the 13 aiteria enumerated. Ordinance 1654, If adoptedwou1d rezone the 2.559 acre site to the HC, Highway Commercial District and amend the Official Zoning Map of the City; accordingly. The P- 1 Zoning District is planned to be abandoned and other zoning cfastrids applied City- wide. There are only two areas of the City where P-1 was applied; the ~ ject area and a small lot on Mooney Road which has already been rezoned to MUCC- 1. P- 1 is shown in the consistency Table of the land Development Code as being consistent with C, Commercial land Use Which no longer existed as of 8- 00. 22": The general area.of the City of Fort Walton Beach in which the Maman Subdivision (ies is surrounded by unincorporated OkaloosaCounty. The request site lies between a major arterial 4-laoo divided highway, Lewis Turner Boulevard (SR 189) and Maman Drive, a local street and between Willwalt Street, a local street and Nan Place to the east, a one- block long, tocal street. Exis.ting land use in the genaral area is a mixture of commarcial and residential. Along the north side of Lewis Turner Blvd are office and general commercia1 uses and along the south side of Lewis Turner Brvd, in unincorporated Okaloosa County, a mix of residential and commercial.All portions of Maman Subdivision within the City of Fort Walton Beach are zoned P- 1 Professional Office and have been since being annexed into the City in the 1970' s. Okaloosa County zoning adjacent is residential RSS District north of the request across 'Maman Drive and south of the request across Lewis Turner Blvd. County zoning adjacent to Lewis Turner and east of Nan Place is BR ( Business Retail), as is County areas westofWillwaU Street The COunty has zoned areas just east of the request and south of Lewis Turner Blvd as 8-4, Light Commercial Concessions. The P- 1 District is shown in the consistency Table of the land Development Code as being consistentwith C, Commercial Land Use a land use category which was eliminated in 2000. There are several details that need to be amended regarding land use on the subject property. The approval of the request, to rezone to the HC Highway Commercial District wi1leliminate aU inconsistenCies between the (and use designations and zoning districts applied to the request The request wilt permit appropriate highway commercial development to occur while providing protection in the form of buffering between adjacent residential uses which is not a current requirement. Staff the application has merit and that changes have occurred in the designation of believt:$ tand use in this immediate area that warrants a favorable consideration of the request. The requested change allow appropriate highway commercial development, with limited accessways to protect the highways capacity, white providing protection to the adjacent residential property in the form of buffering. RECOMMENDATION: The Municipal Planning Board forwarded to City Council its recommendation for approval of Ordinance 1;654. Enclosures: Location Map Ordinance 1654 ( 10- 3- 05)  Exhibit ItA~. Location.Map 1988- & 1992 Lewis Turner Btvd.. City of Fort Walton Beach COmmunity OeveIapment Servkes 800' P"""-< 1- - F'eet N E S re~ hy-the City Qf FGrtYlaItEm1!eactt Engineering:Divi$ ion fWS:GOlf CLue 1 ORDtNANCE 1654 Z 3 AN ORlLlfNANct!: OF T " HE cnv=OF FOftTWAlTON ef;: ACH$ 4 flOfUOA, RELATtNG TO THE REZOmNG at:CERTAlN PROPERlY 5 mTHIN THE CfN-- OF rotu VIALTON aeACH LOCA1'ED AT 1M$ AND 1'& 92 LEWiS TURNEcR aOUl.J::VARU; PROViDING t= CR 7 AUmORli'Y; PR.OvtDtNGFOf{ FINDINGS OF F.AC"T; PROVIDING g fOR tJA.oPE1UY 1"' 0 Be REZONEO F' R< m 1--{ PR.OFE$ SI~ 9 P.. OFFICE) Dj$ TRlCT TO He: HIGHWAY ( COMMERC' Al) ~ ISTRlCT; 10 PROViDiNG roRA ZON1NG i'lAP AMENaMENT; PROVlDlNG FOR 11 CONFlIctING PROVISIONS;_PROVIDiNG 'IO= R SEVERABILITY; 12 ANn PROVlDfNG FOR AN Ef'FECTtVliDATE. 13 14 NOW, THEREFORE,' m;IT ORDAINEO av"THE cnv COUNCIL OF THe cny-OF FO~ T 15 WALTON' BEACH, F~ORIDA;.M) -FOLLOWS: 16. 11 SE;CflON 1 ~ AU'rnORtTY.. The a~ rlty tQf$OOdm~ ot of this Qrdioanee.i$ SectiQn 2~of 18 ihe City 0h~rterf and Sectl~n 100Jl21{ 1), fforid-e- 19 Statut'$$. 2Q SECTtON :: t ANOfNGS QF FACT~The C~yCoundJ of the Crl1 of FQrtWaltofi BaadP. 21 finoo the foiowing: - Z2 23 A.,WHEREASi. an ~ppli~ tf.oo for ~~~ ihg was, e.re.o.NOOby.the Department Qf 24 Community D-eveio.