Fort Walton Beach Ordinance — 2184--Amending FLUM 35 Memorial Parkway SW to CIU — reading text

DATE ORDINANCE 2184 EiJ4_ 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 35 MEMORIAL PARKWAY SW, MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, FROM REC ( RECREATION) TO CIU ( CIVIC, INSTITUTIONAL & UTILITY); PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONSISTENCY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property located at 35 Memorial Parkway SW has a current Future Land Use designation of REC ( Recreation); and WHEREAS, the property located at 35 Memorial Parkway SW has a current Zoning designation of REC ( Recreation); and WHEREAS, the property located at 35 Memorial Parkway SW is currently a City -owned property; and WHEREAS, the property located at 35 Memorial Parkway SW is being sold for the development of a Montessori School; and WHEREAS, Staff determined the Future Land Use and Zoning must be updated to allow for the proposed use on the property; 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 applicable state statutes, City codes, and the City' s Local Planning Agency has reviewed the requested amendments to the Zoning and the Future Land Use Map of 35 Memorial Parkway SW and have recommended to the City Council approval of the changes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: Section 1. Authority and Intent A. The authority for enactment of this ordinance is contained in Chapter 163. 3187 and other provisions of the Florida Statutes and Section 2 of the City Charter. Section 2. Findings of Fact City Council hereby finds the following: A. That the proposed amendment involves the use of fifty (50) acres or less. B. 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.  C. 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. D. 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. E. The property that is the subject of the proposed amendment is not located within an area of critical state concern. F. A public hearing has been conducted by the Local Planning Agency on June 5, 2025, after due public notice, pursuant to Section 163. 3184 ( 15)( c) of the Florida Statues, with its recommendations reported to the City Council. G. Public hearings have been conducted by the City Council on June 10, 2025 and June 24, 2025, after due public notice pursuant to Section 163. 3184 ( 15)( c) 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 Recreation ( REQ to Civic, Institutional and Utility (CIU): Property Address: 35 Memorial Parkway SW Property described as: A portion of the area denoted as Park in 5th Addition to Sea Breeze, a subdivision as per map or plat recorded in Plat Book 3, Page 11 and the area denoted as Park Area in Santa Rosa Park, a subdivision as per map or plat recorded in Plat Book 3, Page 79, all of the Public Records of Okaloosa County, Florida, described by metes and bounds from a field survey by Nobles Consulting Group, Inc., dated September 8, 2014, Project Number D 1613. 100 as follows: Parcel " A" Commence at a found 4 inch by 4 inch concrete monument (broken) marking the Southwest corner of Santa Rosa Park, a subdivision as per map or plat recorded in Plat Book 3, Page 79 of the Public Records of Okaloosa County, Florida lying on the Easterly right of way of Memorial Parkway SW (right of way varies); thence run South 02 degrees 34 minutes 15 seconds West along said Easterly right of way a distance of 5. 07 feet to a set 5/ 8 inch iron rod and cap stamped LB 3293 lying on the North boundary of 5th Addition to Sea Breeze, a subdivision as per map or plat recorded in Plat Book 3, Page 11 of said public records for the POINT OF BEGINNING. From said POINT OF BEGINNING, thence leaving said Easterly right of way run along said North boundary South 87 degrees 16 minutes 10 seconds East a distance of 426. 00 feet to a set 5/ 8 inch iron rod and cap stamped LB 3293; thence leaving said Northerly boundary run South 02 degrees 33 minutes 45 seconds West a distance of 300. 15 feet to a set 5/ 8 inch iron rod and cap stamped LB 3293; thence run North 87 degrees 14 minutes 57 seconds West a  distance of 433. 00 feet to a set 5/ 8 inch iron rod and cap stamped LB 3293 lying on the Easterly right of way of Memorial Parkway SW ( right of way varies); thence run North 02 degrees 33 minutes 45 seconds East along said Easterly right of way a distance of 300. 00 feet to a set 5/ 8 inch iron rod and cap stamped LB 3293; thence run South 87 degrees 16 minutes 10 seconds East along said Easterly right of way a distance of 7. 00 feet to the POINT OF BEGINNING, containing 2.98 acres, more or less. The above described property being a portion of the area denoted as Park on the 5th Addition to Sea Breeze, a subdivision as per map or plat recorded in Plat Book 3, Page 11 of the Public Records of Okaloosa County, Florida. TOGETIIER WITH: Parcel `B" Begin at a found 4 inch by 4 inch concrete monument ( broken) marking the Southwest corner of Santa Rosa Park, a subdivision as per map or plat recorded in Plat Book 3, Page 79 of the Public Records of Okaloosa County, Florida lying on the Easterly right of way of Memorial Parkway SW (right of way varies); thence run North 02 degrees 34 minutes 15 seconds East along said Easterly right of way a distance of 40.00 feet to a set 5/ 8 inch iron rod and cap stamped LB 3293 marking the Southwest corner of Lot 1, Block " A" of said Santa Rosa Park; thence run South 87 degrees 25 minutes 11 seconds East along the South boundary of Block " A" of said Santa Rosa Park a distance of 425. 98 feet to a set 5/ 8 inch iron rod and cap stamped LB 3293; thence leaving said south boundary of Block " A", run South 02 degrees 323 minutes 45 seconds West a distance of 41. 26 feet to the South boundary of said Santa Rosa Park; thence run North 87 degrees 15 minutes 03 seconds West along said South boundary a distance of 426. 00 feet to the POINT OF BEGINNING, containing 0. 40 acres, more or less. The above described property being a portion of the area denoted as Park Area in Santa Rosa Park, a subdivision as per map or plat recorded in Plat Book 3, Page 79 of the Public Records of Okaloosa County, Florida. ALSO TOGETHER WITH: Parcel " C" Begin at a found 4 inch by 4 inch concrete monument ( broken) marking the Southwest corner of Santa Rosa Park, a subdivision as per map or plat recorded in Plat Book 3, Page 79 of the Public Records of Okaloosa County, Florida lying on the Easterly right of way of Memorial Parkway SW (right of way varies); thence run South 87 degrees 15 minutes 03 seconds East along the South boundary of said Santa Rosa Park a distance of 426.00 feet to a set 5/ 8 inch stamped LB 3293; thence leaving said South boundary run South 02 degrees 33 minutes 45 seconds West a distance of 4. 94 feet to a set 5/ 8 inch iron rod and cap stamped LB 3293 lying on the North boundary of 5th Addition to Sea Breeze, a subdivision as per map or plat recorded in Plat Book 3, Page 11 of said Public Records; thence run North 87 degrees 16 minutes 10 seconds West along said North boundary a distance of 426.00 feet to a set 5/ 8 inch iron rod and cap stamped LB 3293 lying on the aforesaid Easterly right of way; thence leaving said North boundary run North 02 degrees 34 minutes 15 seconds East along said Easterly right of way a distance of 5. 07 feet to the POINT OF BEGINNING, containing 0.05 acres ( 2, 132 square feet), more or less.  The total actual acreage of above-described property is approximately 3. 42 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 Commerce, 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 Commerce, Division of Community Planning. PA990001- 0- Adopted: _ 7 ri f, Aq, D..o a -s 44 tto, Mayor Attest: 7the d a i f W: only. ze, n=. 2 &"2 6e, Kim M. arnes, City Clerk 7Pffrey B s, City Ati  ORDINANCE 21802na AN ORDINANCE OF THE CITY COUNCIL OF THE ' CITY OF FORT WALTON BEACH, FLORIDA, AUTHORIZING THE DISPOSITION OF REAL PROPERTY LOCATED AT 35 MEMORIAL PARKWAY SW, FORT WALTON BEACH, FL, DESCRIBED HEREIN, TO MONTESSORI LEARNING CENTER OF FORT WALTON BEACH, INC., AND AUTHORIZING AND DIRECTING CLOSURE BY THE MAYOR, CITY MANAGER, CITY ATTORNEY, AND CITY