Fort Walton Beach Ordinance — 1834 - amend Sound Side PUD — reading text

READING DATE 1st 2nd ORDINANCE 1834 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, PROVIDING FOR AUTHORITY & INTENT; AMENDING SECTION 3, SECTION 6, AND SECTION 7 OF ORDINANCE 1762; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Authority & Intent A. The authority for enactment of this ordinance is pursuant to chapters 166 and 177, Florida Statutes, section 2, City Charter, and chapter 12. 47 of the City' s Land Development Code. B. Ordinance 1762 was adopted on August 20, 2008, for the Sound Side Planned Unit Development. This ordinance is intended to amend certain sections of Ordinance 1762 to revise the distribution of units by income level as specified in the Planned Unit Development. SECTION 2. Amendment of Ordinance 1762 A. Section 3 Findings is hereby amended as follows: A. The Sound Side Planned Unit Development is an affordable housing development consisting of 200 residential units, a club house, recreational amenities and a leasing office. The owner shall provide for a continuous period of fifty ( 50) years from the date that the first unit in the development is occupied, and the owner agrees that: 1) not less thaneighty percent ( 80%) of the units '. vithin the De\~elopment shall be rented to family households tJJith hOblsehold income less than or equal to sixty peroent ( 600As) of the !\ rea Median Income; and ill the remaining units within the Development shall be rented to family households with household income less than or equal to one- hundred- twenty ( 120%) percent of the Area Median Income. B. Section 6 Plat of Subject Property is hereby amended as follows; The subject property shall platted as " Sound Side be ADartment Homes" a Planned Unit Development. The plat shall comply with the provisions of chapter 177, Florida Statutes ( 2007)  and sections 12. 62. 01, et seq., and 12. 63. 01, et seq., of the City' s Land Development Code. The project's new address shall be 20 Carson Drive,SE, Fort Walton Beach, Florida. C. Section 7 Adoption and conditions to Sound Side, A Planned Unit Development is hereby amended as follows; H. The Breakdown for unit distribution bv income found on Daae 22. under dwellina tvDes. will be used for a suaaested auideline. The Droiect will be an affordable housina Droiect and shall be rented to familv households with household income less than or eaual to one- hundred- twentv ( 120%) SECTION 3. CONFLICTING PROVISIONS If any other ordinance, or parts of any other ordinance, or provision of the Land Development Code are in conflict with this ordinance, the provisions of this ordinance shall prevail. SECTION 4. SEVERABILITY Should any section, part, or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder, as a whole or any part, other than that part declared to be invalid. SECTION 5. EFFECTIVE DATE This Ordinance is effective upon approval by the City Council and signature of the Mayor. cMl cJO/ O Vh~ dopted Mike Anderson, Mayor Attest: Approved for form and legal sufficiency. 6 DISPOSITION CodiEication Instructions: Not Codified Ord. 1834 Page 2 of 2  NORTHWEST FLORIDA c Daily News Legal 8279 CITY OF FORT WALTON BEACH, Published Daily FLORIDA NOTICE OF PUBUC HEARING Fort Walton Beach, Florida A PUBUC HEARING Distributed in Okaloosa, Santa Rosa & Walton Counties will be held the fol- on lowing proposed ordi- nance at 6: 00 p. m. on Tuesday, June 22, State of Florida 2010, In the Council Chamber at Fort Wal- ton Beach City Hall, County of Okaloosa 107, Miracle Strip Park- way, SW, at which time the City Council will consider Its adoption Before the undersigned authorized personally appeared into law. The ordinance in Its entirety may be tn/MLL" Wit ~ who on oath says that ( s) he InspeCted at the Office of the City Clerk during regular working hours. All Interested parties is (!/ LS~;lil' ) lJ~ br of the Northwest Florida Daily News, a daily may appear at meeting and be heard the with r8llpeCt to thl$, pro- posed ordinance. newspaper published at Fort Walton Beach, in Okaloosa County, Florida; ORD. 1834 that the attached copy of advertisement, being a u- tiaL ~;). 11 AN ORDINANCE OF J THE CITY' '.,OF FORT in the matter of jjlJ-h u- ( WALTON ' .',,' BEACH, PROVIDING FOR ' AU.' THOAITY & INTENT; Ortfn / fJl 1J/)( 1~ 3V AMENDING SECTION 3, SECTION 6, AND SECTION 7 OF ORDI. Crt. was puhlished in said newspaper in the issues of NANCE VlDING FUCT; 1762; FOR PjtO:VIDNG PRO. CON.