Fort Walton Beach Ordinance — 2173--Amend FLUM 245 Brooks Street SE to MDR — reading text

R ADIN DATE 1styffl ORDINANCE 2173 2nd REM AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE CITY' S COMPREHENSIVE PLAN TO AMEND THE FUTURE LAND USE MAP FOR PROPERTY DESCRIBED AS 245 BROOKS STREET SE, MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, FROM LDR (LOW-DENSITY RESIDENTIAL) TO MDR ( MEDIUM- DENSITY RESIDENTIAL); PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONSISTENCY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on October 3, 2024, the Growth Management Department received an application, 2024- 10- 123, to amend the Future Land Use Map designation of property located at 245 Brooks Street SE from Low- Density Residential ( LDR) to Medium-Density Residential MDR); and WHEREAS, on October 3, 2024, the Growth Management Department received an application, 2024- 10- 123, for rezoning of property located at 245 Brooks Street SE to amend the City' s official zoning designation from Single-Family Residential ( R- 1) to Multi-Family Residential ( R- 2); and WHEREAS, Sections 163. 3187 of the Florida Statutes designates the process for adoption of comprehensive plan amendments following the Small- Scale Amendment Process; and WHEREAS, Staff has reviewed the applications, the applicable state statutes, City codes, and the City' s Local Planning Agency has reviewed the requested amendment to the Future Land Use Map of 245 Brooks Street SE and has recommended to the City Council approval of the change. NOW, THEREFORE, 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 Section 163. 3187 of the Florida Statutes and Section 2 of the City Charter. SECTION 2. FINDINGS OF FACT. The City Council of the City of Fort Walton Beach finds the following: A. That the comprehensive plan amendment as set forth herein does not involve property for which a comprehensive plan amendment has been granted within the last year. B. The proposed amendment does not involve a text change to the goals, objectives, and policies of the Comprehensive Plan, but only proposes a land use change to the future land use map for a site- specific small- scale development activity.  C. The property that is the subject of the proposed amendment is not located within an area of critical state concern. D. A public hearing has been conducted by the Local Planning Agency on December 5, 2024, after due public notice, pursuant to Section 163. 3187 of the Florida Statues, with its recommendations reported to the City Council. E. Public hearings were conducted by the City Council on December 17, 2024, and January 14, 2025, after due public notice pursuant to Section 163. 3184 ( 11) of the Florida Statutes. SECTION 3. AMENDMENT OF FUTURE LAND USE ELEMENT. The City's Comprehensive Plan 2019- 2029, adopted by ordinance on May 21, 2019, by the City of Fort Walton Beach, is hereby amended as follows: The City of Fort Walton Beach Future Land Use Map of the Future Land Use Element is amended to reflect that the future land use designation of the following described property is hereby changed from Low-Density Residential ( LDR) to Medium- Density Residential ( MDR): Property Address: 245 Brooks Street SE Property described as: BEGINNING AT THE NORTHWEST CORNER OF SECTION 24, TOWNSHIP 2 SOUTH, RANGE 24 WEST, THENCE EAST 4322. 26 FEET; THENCE ANGLE RIGHT 89 DEGREES 25' A DISTANCE OF 24. 9 FEET TO A FENCE CORNER; THENCE EAST 20 FEET ALONG SAID FENCE TO THE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; THENCE CONTINUE EAST ALONG FENCE 138. 64 FEET; THENCE NORTH ALONG FENCE 18. 8 FEET; THENCE EAST ALONG FENCE 145. 29 FEET; THENCE SOUTH ALONG FENCE 34. 65 FEET TO THE NORTH SIDE OF BROOKS STREET; THENCE SOUTHWESTERLY ALONG SAID STREET 202. 18 FEET; THENCE NORTHWESTERLY 200.4 FEET TO THE POINT OF BEGINNING, LESS LAND TAKEN FOR BROOKS STREET, LYING AND BEING IN THE COUNTY OF OKALOOSA, STATE OF FLORIDA. SECTION 4. INTERNAL CONSISTENCY. The comprehensive plan amendment as set forth herein preserves the internal consistency of the City's comprehensive plan as adopted. SECTION 5. SEVERABILITY. In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are declared severable. SECTION 6. EFFECTIVE DATE. The effective date of this small- scale plan amendment shall be thirty-one ( 31) days after adoption, unless the amendment is challenged pursuant to Section 163. 3187( 5) of the Florida Statutes. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Economic Opportunity, or the Administration Commission, finding the amendment in compliance in accordance with Section 163. 3187 of the Florida Statutes. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by the adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Economic Opportunity, Division of Community Planning. Adopted: — Zel VI t av4 1 q z-02-5 Richard A. Rynearson, M or Attest: Approved as to legal form and sufficiency for the City .' alton Beach, only. Fo 0 /% % Kim M. B: es, City Clerk rly Romano Kopp, City Attorney  Exhibit " A" Location Map 245 Brooks Street SE 24- 2S- 24- 0000- 0135- 0000 City of i---- Fort Walton Beach DivisionF Planningce T 11. 1 iI z x ! 1111 S w I w w c° I. - amI Ii 1 AK ST SE 1. 11 ai oI I w I' . 111111 1 0 400 8001 I-- I" I- a M. I IN 11= Mwrial ill tv MEIN r= Feet 7,..—____ N w Aw--. yrrrt Q z° w J W- E FIRST ST SE S Prepared by the City of Fort Walton Beach