Fort Walton Beach Ordinance — 2053--Amend FLUM--999 Mar Walt Drive — reading text

ORDINANCE 2053 READIma. 18t 2nd 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 999 MAR WALT DRIVE TO MIXED USE ( MU); PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONSISTENCY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 25, 2021, the Growth Management Department received an application for voluntary annexation and a request to amend the Comprehensive Plan' s Future Land Use Map (FLUM) for property located at 1005 Mar Walt Drive into the City limits of Fort Walton Beach, Florida; WHEREAS, 1005 Mar Walt Drive, if annexed, must be assigned a future land use and zoning designation based on current City of Fort Walton Beach future land use and zoning designations: WHEREAS, Sections 163. 3184 ( 3) & ( 5) of the Florida Statutes designates the process for adoption of comprehensive plan amendments following the Small -Scale Amendment Process; and WHEREAS, City Staff has conducted an analysis of 999 Mar Walt Drive consistent with 163. 3184 ( 3) & ( 5) and recommends that the proposed FLUM designation for the property be designated Mixed Use ( MU). NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: 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. That the comprehensive plan amendment as set forth herein does not involve the same owner' s property within two hundred ( 200) feet of property granted a change within the prior twelve ( 12) months. C. 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. D. The property that is the subject of the proposed amendment is not located within an area of critical state concern.  E. A public hearing has been conducted by the Local Planning Agency on April 8, 2021, after due public notice, pursuant to Section 163. 3187 of the Florida Statues, with its recommendations reported to the City Council. F. A public hearing has been conducted by the City Council, 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 land use designation of the following described property is hereby Mixed Use ( MU): Parcel ID No.: 34- 1 S -24- 0000- 0053- 004A Property Address: 999 Mar Walt Drive Property described as: COMMENCE AT A G. L- 0. CORNER MARKI NG THE NORTHEAST CORNER OF THE SOUTHEAST 1/ 4 OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA; THENCE SOUTH 00 DEGREES 47 MINUTES WEST, ALONG THE EAST LI NE OF SECTION 34, A DISTANCE OF 300. 0 FEET TO A CONCRETE MONUMENT MARKING THE NORTHEAST CORNER OF DONLABROOK GARDYNS, PLAT BOOK 5, PAGE 137; THENCE NORTH 89 DEGREES 21 MINUTES WEST, ALONG THE NORTH LINE OF DONLABROOK GARDYNS, A DISTANCE OF 427. 0 FEET TO A CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF DONLABROOK GARDYNS; THENCE SOUTH 00 DEGREES 47 MINUTES WEST, ALONG THE WEST LINE OF DONLABROOK GARDYNS, A DISTANCE OF 100 FEET TO A CONCRETE MONUMENT AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00 DEGREES 47 MINUTES WEST, A DISTANCE OF 99. 12 FEET TO AN IRON ROD; THENCE NORTH 89 DEGREES 13 MI NUTES WEST, A DISTANCE OF 200.0 FEET TO AN IRON ROD AND THE EAST RIGHT- OF- WAY OF MAR WALT DRIVE ( 66 FOOT RIGHT- OF- WAY); THENCE NORTH 00 DEGREES 47 MINUTES EAST, ALONG SAID EAST RIGHT- OF- WAY, A DISTANCE OF 97. 22 FEET TO A CONCRETE MONUMENT; THENCE SOUTH 89 DEGREES 45 MI NUTES 44 SECONDS EAST, A DISTANCE OF 200. 0 FEET TO THE POINT OF BEGINNING. The total actual acreage of above described property is approximately 0.45 acres. 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 ( 3 1) 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. This ordinance shall be contingent upon approval of Ordinance No. 2052. 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: A&! -. 30 Zo a 2 - Richard A. Rynearson, May8r Attest: Approved for form, i Kim M. arnes, City Clerk Jr.,  Exhibit " A" Location Map 1005 Mar Walt Drive - 34- 1S- 24- 0000- 0052- 0130 999 Mar Walt Drive - 34 -1S -24- 0000- 0053- 004A 1100 Hospital Road - 34- 1S- 24- 0000- 0052- 0100 1106 Hospital Road - 34- 1S- 24- 0000- 0052- 0040 1110 & 1112 Hospital Road - 34- 1S- 24- 0000- 0052- 0080 City of Fort Walton Beach Planning Division Reauest Sites 0 200 400 Feet E YYs Prepared by the City of Fort Walton Beach GIs Division Legend City Limits Request Site BLVD VILLA  Exhibit ° B" Zoning 1005 Mar Walt Drive - 34- iS- 24- 0000- 0052- 0130 999 Mar Walt Drive - 34 -1S -24- 0000- 0053- 004A 1100 Hospital Road - 34- 1S- 24- 0000- 0052- 0100 1106 Hospital Road - 34- 1S- 24- 0000- 0052- 0040 1110 & 1112 Hospital Road - 34- iS- 24- 0000- 0052- 0080 City of Fort Walton Beach Planning Division Jypw. 0 200 400 Feet N Legend W_ E City Limits yV S County Zoning O R- 1 Residential O R-2 Residential) SR Suburban Residential R- 3 Residential O RR Residential Rural MU -1 Mixed Use 1 O MU -2 Mixed Use 2 MU Mixed Use MHP Manufactured Mobile Home Park C- 3 General Commercial O INST Institutional REC Recreation AC -.5 Airport Compatibility . 5 O AC -1 Airport Compatibility 1 O 1- 1 Industrial 1- 2 Airport Industrial Park AA Agriculture Zoning O R- 1 SINGLE FAMILY RESIDENTIAL O R -1E SINGLE FAMILY RESIDENTIAL ESTATE LEI R-2 MULTI -FAMILY RESIDENTIAL YC YACHT CLUB O MX -1 MIXED-USE MEDIUM MX -2 MIXED-USE HIGH WMB MIXED BUSINESS B MANUFACTURING CTP COMMERCE& TECHNOLOGY PARK CF COMMUNITY FACILITIES CG COMMERCIAL PUD PLANNED UNIT DEVELOPMENT REC RECREATION NZ NOTZONED  Exhibit " C" Future Land Use 1005 Mar Walt Drive - 34- 1S- 24- 0000- 0052- 0130 999 Mar Walt Drive - 34 -1S - 24- 0000- 0053- 004A 1100 Hospital Road - 34- iS- 24- 0000- 0052- 0100 1106 Hospital Road - 34- 1S- 24- 0000- 0052- 0040 1110 & 1112 Hospital Road - 34- 1S- 24- 0000- 0052- 0080 City of Fort Walton Beach Planning Division Yg O 1 Reauest Sites 0 200 400 Feet N W E S Legend City Limits COUNTY FUTURE LAND USE C COMMERICAL I INDUSTRIAL O INST INSTITUTIONAL O LDR LOW DENSITY RESIDENTIAL MDR MEDIUM DENSITY RESIDENTIAL O MU MIXED USE O RED RECREATIONAL SR SUBURBAN RESIDENTIAL FUTURE LAND USE 7 LDR - LOW DENSITY RESIDENTIAL BLVD MDR - MEDIUM DENSITY RESIDENTIAL O MU - MIXED USE COM - COMMERCIAL MBI- MIXED BUSINESS/ INDUSTRIAL IND INDUSTRIAL CIU - CIVIC, INSTITUTIONAL 8 UTILITY 0 RED - RECREATION CNS - CONSERVATION PC - PRIVATE CLUB NF - NOT FLUMED  Exhibit " D" Existing Land Use 1005 Mar Walt Drive - 34- 1S- 24- 0000- 0052- 0130 999 Mar Walt Drive - 34 -1S -24- 0000- 0053-