Fort Walton Beach Ordinance — 1762 rezone Methodist Avenue-recorded — reading text

ORDINANCE 1762 zAN ORDINANCE OF THE CITY OF FORT WALTON BEACH, a- o FLORIDA REGARDING A 13. 39± ACRE PARCEL IN THE VICINITY OF CARSON DRIVE AND METHODIST AVENUE, oot FORT WALTON BEACH, FLORIDA; AUTHORIZING CURRENT PLAT TO BE VACATED BY CONCURRENT RESOLUTION; REZONING THE SUBJECT PROPERTY TO THE SOUND SIDE 9 PLANNED UNIT DEVELOPMENT DISTRICT; APPROVING THE 9O PLAT OF SOUND SIDE; APPROVING THE PRELIMINARY pp DEVELOPMENT PLAN AND ORDER FOR SOUND SIDE, A PLANNED UNIT DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY 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. SECTION 2. PURPOSE A. The Fort Walton Beach Housing Authority, by and through HomeCorp, Inc., the developer, and Jenkins Engineering Inc., the engineer of record, applied for site plan approval of the Sound Side Planned Unit Development, on its property located in the vicinity of Carson Drive and Methodist Avenue, Fort Walton Beach, Florida, to develop an affordable housing subdivision that meets the requirements of section 420. 0004, Florida Statutes 2007). Approval of the application will require that the City vacate the Replat of New Germany Addition, rezone the acreage from R- 2 Multifamily Residential District to Planned Unit Development District, approve the plat of Sound Side, a Planned Unit Development, and approve the project documents for Sound Side, a Planned Unit Development, as a development plan and order. B. The Municipal Planning Board conducted a concept review of the application for proposed development on May 15, 2008. The Municipal Planning Board held a public hearing and considered this ordinance on September 4, 2008. The Municipal Planning Board has recommended the approval of the rezoning of the subject area from R- 2 Multifamily Residential District to Planned Unit Development District in accordance with Sound Side Planned Unit Development as prepared by Jenkins Engineering, Inc., dated August 2008, and the amendments in this ordinance, if any. Ord 1762 PUD Any Fina I. Doc 1  C. The City Council then conducted public hearings on September 23, 2008, and October 14, 2008, after giving due public notice pursuant to Section 166. 041, Florida Statutes, and the City' s Land Development Code. SECTION 3. FINDINGS The City Council of the City of Fort Walton Beach finds: 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 than eighty percent ( 80%) of the units within the Development shall be rented to family households with household income less than or equal to sixty percent ( 60%) of the Area Median Income; and 2) 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. The planned unit development (" PUD") district is intended to provide flexible land use and design regulations and permit planned diversification and integration of uses and structures, while retaining in the City Council the absolute authority to establish limitations and regulations on the district for the benefit of the public health, welfare and safety. This request for rezoning to planned unit development was an entirely voluntary procedure for the owner. C. The provisions of Chapter 12. 47 of the City' s Land Development Code are intended to: 1) Promote more efficient and economic uses of land. 2) Lower development and building costs by permitting smaller networks of utilities and streets and the use of more economical building types and shared facilities. 3) Provide for open spaces and common areas and provide usable and suitably located recreational facilities within the development. 4) Allow the controlled development of land uses most suitable to the proposed site and surrounding neighborhoods. 5) Provide design and location criteria to encourage innovative development. Ord 1762 PUDAtty Final. Doc 2  D. Planned Unit Development Districts must be consistent with the City' s Comprehensive Plan and satisfy all requirements of chapter 12. 47 and other applicable provisions of the Land Development Code. The Sound Side, A Planned Unit Development, is consistent with the City' s Comprehensive Plan and the Land Development Code. E. The provisions of and conditions required by this approval are necessary and in the best interests of the public health, safety, and welfare of City citizens. Therefore, the City Council approves Sound Side, A Planned Unit Development, as set forth in this ordinance. SECTION 4. CURRENT PLAT OF SUBJECT PROPERTY TO BE VACATED The property subject to this ordinance is currently owned exclusively by the applicant in fee simple. The property subject to this ordinance is currently platted as the Replat of New Germany Addition, as recorded in Plat Book 5, Page 60 of the Official Records of Okaloosa County, Florida. Pursuant to section 177. 101, Florida Statutes ( 2007), and upon proper notice by the owner, the City intends to adopt a suitable resolution to vacate the plat affected by this application. Such resolution shall also vacate the property described in the Quitclaim Deed recorded at Book 2462, Page 1638, of the Official Records of Okaloosa County, Florida. SECTION 5. PROPERTY REZONED A. The property subject to this rezoning is located in the vicinity of Carson Drive and Methodist Avenue, Fort Walton Beach, Florida, and is more particularly described as: A PORTION OF LAND LYING IN SECTION 13, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF LOT 1, BLOCK A" CHATELAINE ESTATES, AS RECORDED IN PLAT BOOK 17, PAGE 85, OKALOOSA COUNTY, FLORIDA, THENCE NORTH 03 DEGREES 05 MINUTES 12 SECONDS WEST, A DISTANCE OF 25. 83 FEET AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 03 DEGREES 05 MINUTES 12 SECONDS WEST, A DISTANCE OF 1000. 00 FEET; THENCE NORTH 86 DEGREES 54 MINUTES 26 SECONDS EAST, A DISTANCE OF 616. 40 FEET; THENCE SOUTH 02 DEGREES 57 MINUTES 48 SECONDS EAST, ALONG THE WEST RIGHT- OF- WAY LINE OF CARSON DRIVE ( 60' RIGHT- OF-WAY), A DISTANCE OF 450. 49 FEET; THENCE SOUTH 87 DEGREES 08 MINUTES 53 Ord 1762 PUD Airy Final. Doc 3  SECONDS WEST, A DISTANCE OF 215. 10 FEET; THENCE SOUTH 03 DEGREES 03 MINUTES 26 SECONDS EAST, A DISTANCE OF 150. 05 FEET; THENCE NORTH 86 DEGREES 51 MINUTES 43 SECONDS EAST, A DISTANCE OF 214.88 FEET, TO SAID WEST RIGHT- OF- WAY LINE OF CARSON DRIVE ( 60' RIGHT- OF- WAY); THENCE SOUTH 03 DEGREES 02 MINUTES 28 SECONDS EAST, ALONG SAID WEST RIGHT- OF-WAY LINE, A DISTANCE OF 375. 64 FEET; TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY THROUGH A CURVE TURNING TO THE RIGHT WITH A RADIUS OF 25. 00 FEET, HAVING A CENTRAL ANGLE OF 89 DEGREES 54 MINUTES 48 SECONDS AND AN ARC LENGTH OF 39.23 FEET ( CHORD BEARING: SOUTH 41 DEGREES 57 MINUTES 24 SECONDS WEST, CHORD DISTANCE: 35. 33 FEET) TO THE POINT OF TANGENCY; THENCE SOUTH 86 DEGREES 54 MINUTES 48 SECONDS WEST, A DISTANCE OF 589. 84 FEET TO THE POINT OF BEGINNING. CONTAINING 13. 39 ACRES, MORE OR LESS. B. The requested rezoning is consistent with the City's Comprehensive Plan. Therefore, the subject property is hereby rezoned from R- 2 Multifamily Residential District to the Sound Side Planned Unit Development District, subject to all conditions and amendments of this ordinance and the Sound Side, A Planned Unit Development project documents as prepared by Jenkins Engineering, Inc., dated August 2008. C. The Official Zoning Map of the City of Fort Walton Beach is hereby amended to change the classification of the subject property from R- 2 Multifamily Residential District to Planned Unit Development District. SECTION 6. PLAT OF SUBJECT PROPERTY The subject property shall be platted as " Sound Side" 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. SECTION 7. ADOPTION AND CONDITIONS TO SOUND SIDE, A PLANNED UNIT DEVELOPMENT The Sound Side, a Planned Unit Development, project documents as prepared by Jenkins Engineering, Inc., dated August 2008, and attached at Exhibit A, is adopted by reference and approved as the preliminary development plan and order, with the following amendments and conditions: Ord 1762 PUD Attu Final. Doc 4  A. The applicant's title opinion prepared by a member of the Florida Bar shall be provided to the City Attorney before final approval of the development plan. B. The development plan shall provide reasonable assurances governing the ownership, use, maintenance and protection of all areas of the development by particularly stating the recording information for any documents of deed restrictions or covenants. The Developer and its agents or assigns, in their capacity as general partner, and the Fort Walton Beach Housing Authority and its agents or assigns, in their capacity as general partner, shall have sole responsibility for maintaining the development in accordance with the City Code of Ordinances and Land Development Code. C. The final development plan