Fort Walton Beach Council agenda — 04-25-06‎(regular)‎ — reading text

1689 to City CoU1CiI. There was no public COhment either supporting or in opposition to the reqlleSt The proposed ordinance will be read by title at April 25. 2006 City CoU1CiI Meeting 81d at May 9, 2006 City Council Jn$ cifliug. City CoU1CiI holds a public hearing on May 9, 2008. The City CoU1CiI may upon the oonctusion d the hearing, immediately adopt the ordinance. DISCUSSION: Staff has prepared MemoraIIdum to the Municipal Planning Boa'd'with an enclosed Staff and a chronology Repott,which includes geneI8I backgrot.Ri infoImation, a pIOject de$ Gi ption of the ZOI ling and devalopmel d of the request site. The Staff Report also includeS a determination of appIicIItP' Iaw, conststeIacy of the request with the Compr8henSive Plan and determination dappropriateness of the reqI teSt. including suggested findings for the MPB reganfmg the 13 criteria enumef8ted. Ordinance 1689, if adopted woutd rezone the 8.O- acre area to 1he MUMS District and amend the Official Zoning Map of the City, acconingIy. RECOMMENDATION: The Municipal PIaming Board' foood the rec:p leSt consistent with the Comptehet ISive Plan and recommended that City CoU1CiI approve Ordi ,auat 1889. Enclosures: Location Map Orcfn.18I1C81689 ( 2~ 1- 06) Memorandum to UPS 3-24-06 wi attachmentS l' ORDINANCE 1689 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR 4 ' ACT; PROVIDING FOR THE REZONING OF AUTHORITY; PROVIDING FOR FINDINGS Of F 5 THE AREA GENERALLY DESCRIBED AS THE PROPERTIES ON THE EAST SIDE OF 6 BEAL PARKWAY SE BETWEEN US HIGHWAY 98 ( SR 30) AND HARBESON AVENUE SE, LYING SOUTH OF RRST STREET SE, MORE PARTICULARLY DESCRIBED IN THE BODY 8 OF THE ORDINANCE. FROM He HIGHWAY COMMERaAL DISTRICT TO MUMSMtxED- 9 t DISTRICT; PROVIDiNG FOR SEVERABILITY AND PROVIDING AN USE MAIN STFct:t: 10 EFFECTIVE DATE. 11 12 BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, 13 FLORIDA, AS FOLLOWS: 14 15 SECTION 1. AUTHORITY. The authority for eoactmeot of this ordinance is pursuant 16 to Section 2 of the City Charter of the City of Fort Wa1ton Beach" and Section 17 166.021( 1), Florida t$atutes. 18 19 SECTION 2. RNDINGS OF FACT. The City Counal of the City of Fort Walton Beach 20 finds the following: 21 22 A. That the Future Land Use Map of the Comprehensive Plan of the City of Fort 23 Walton Beach identifies the subject area to be rezoned to MUMS Mixed-Use Main 24 Street District; and ' 25 26 B. That the subject area is comprised of ap roxilnately.8.2 acres of land ~; and 27 28 C. The Municipal Planning Board held a pubflC hearing and recommended the 29 approval of the rezoning of the subject area from Highway eommerdai Di$ trict to 30 Mixed-Use Main Street Disb~~ and ' . ' 31 32 D. Public hearings have been conducted after giving due public notice pursuant to 33 Section 166.041~ Florida Statutes, by the City Council of Fort Walton Beach; and 34 35 E. That. the zoning is consistent. with the present Comprehensive Plan, adOpted 36 August 22, 2000. 37 38 ECTION 3. PROPERTY REZONED. The foItowing desaibed property is hereby 39 zoned MUMS Mixed-Use Main Street District 40 41 BEGINNING AT A POINT BEING THE INtERSECTION OF SOUTH RIGHT-oF-WAY 42 LINE OF FIRST STREET AND THE WEST RIGHT-OF- WAY LINE OF HARBESON 43 AVENUE; THENCE ,SOUTHERLY ALONG SAID WEST RIGHT-OF- WAY UNE OF 44 HARBESON AVENUE TO A POINT ON THE ,NORTHERLY RIGHT-OF- WAY LINE OF 45 EGLIN PARKWAY- weST LEG ( STATE ROAD 85);THENCE SOUTHWESTERLY 46 ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF EGUN PARKWAY TO ITS 47 INTERSeCTION WITH THE NORTH RIGHT-OF- WAY UNE OF U. S. HIGHWAY 98 48 STATF ROAn ~; JHENCE WESTERLY 4J.. ONG SAID NORTH RtGHT-oF ,^-' AY 49 UNE OF U. S HIGHWAY 98 TO ITS INTERSECTION WITH THE EAST RIGHTOF- -  WAY LINE OF SEAL PARKWAY; THENCE NORTHERLY ALONG SAID EAST RIGHT- 1 WAY LINE OF BEAl PARKWAY TO ITS INTERSECTION WITH THE SOUTH OF,;, 52 RIGHT-OF-WAYUNE OF FIRST STREET; THENCE EASTERLY ALONGSAIP 53 .() WAY LINE OF FIRST STREET TO THE POINT OF BEGINNING. RIGHT.F- 54 55 SECTION 4. ZONING MAP AMENDMENT. The Official Zoning Map of the City of Fort 56 watton Beach, as adopted by Section 12.40. 06 of the Land Development Code, is . 57 hereby be amended to include 8 change of dassiflC8tion from R..2 Multifamily Dwelling 58, District to MUCC-2 Mixed Use CommunitY Commerciat.2 District for the specific 59 parcels desaibed in Section 3 of thiS Ortrmance. . 60 61 SECTION 5. CONFUCTING PROVISIONS. Special Acts of the Florida Legislature 62 applicable to the incorporated area of the City of i= ort Walton Beach, City Ordinances 63 and City Resok.ttiOOs, or parts, thereof, in conflict with the provisions. of this orOh.ance 64 an:)hereby superseded by 1ttis ordinance to the extent of such conffict. 65 66 SECTION 6. SEVERABlUTY. If any section, phrttse.sentence, or portion of this 67 Ordin~ is, for any reason, held invaDd or unconstitutional by any court of competent 68 jurisdiCtion, such portion shaD be deemed a separate, distinct. and independent 69 provision, and such holding Shall not affect 1I1e va6~ of the remaining portions 70' thereof. 71 72 SECTION 7. EFFEC~ ' DATE. Th;s Ordinance shaD become effectiye upon approval 73 by the City Council and signature of the Mayor. 74 75 76 ADOPTeD: 77 78 MAYOR: 79 80 81 ATTEST: Q2 83 84 HelM Spencer, City Clerk 85 as to legal sufficienCJ and form. Approv<<! 86 81 88 Toni L CtaIg, CIty Attorney 89 90 91 92 93 94 95 96 97 2 a"""" .. ^^  MUNICIPAl PLANNING: BOARD APRil 6. 2006 MEETING AGENDA ITEM III.A. CAS[-.- 5.RZ If& A""' OF_, OF DIE CRY OF ~, f' waLTON..BEACH, ORDtNaNCE. PROVIIJIRG FQR' Ia" AU'f 1f(PROVII8IG FOR F1NDIIGS OF FACT; JY; PROVIDING FOR, DE~ " 7AN1NG OF tIlE AREA GENl;RALt.Y. .'.. AS ' DE ~ d OM TIE EASt SIDE OF lEA PAOnW" YSElII: lwwc:CII US fllGHWAV' 9& Sa (381 AND HARBeSON AVeNUE' ~ L. wtG SOUDt OF FIRST Stfcl: 1;. ~ PARJlCULARLY,' ". .. ' t. $ DE IIoo'f OF THE ORDINANCE, FROMHC HIGHWAy. COMM[RCIM... DtSTAICT to,s' -... 1IIXE[)... USE'.... S.~ I' iJ& JiGCT;- PROVIDING FOR serstASILRY' MI) PROVIDING Mt:IT~ tWE'DATE C ( DS STAFF)SEEBACIWPJ (  CITY OF FORT WALTON BEACH MEMORANDUM Date: March 24, 2006 To: Chairman and Members Municipal Planning Board Thru: im, CDS Director ~ Missy Me 1< From: Len Mitchell, Planning Manager LtYr' Subject: Consideration of Ordinance 1689, a City-initiated Area-wide request to re~one the area betWeen Beat Parkway and Harbeson Avenue SE and from First Street to Mirac1e Strip Parkway SE from HC Highway Commercial District to MUMS Mixed Use Main Street District. MPB ( CaSel Q6.5R -Z) THE REQUEST: The Community Development Services Department (CDS) has initiated a Area- wide request to rezone the area between Beat PariMay and Harbeson Avenue SE and from First Street to Miracle Strip Parkway SE from HC Highway Commercial District to MUMS Mixed Use Main Street District in order to implement the MUMS Future Land Use designation for this area BACKGROUND: The process of amending the Official Zoning Map of the City requires the adoption of an ordinance after two 2) ( readings before the City Council. An advertised pubfic hearing must be held 10 days prior to adoption. the Municipal PIal fling Board (MPB) is empowered by Counal to review, hear, consider and make recommendations to the City Council on applications for development permits to approve, approve with conditions, or deny amendments to the Official Zoning Map of the City. As exp1ained in the Staff Report the City, as the applicant,is seeking to rezone the request site in order to place it into consistency with 1118 Future Land Use Maps of the Cftys Comprehensive Plan. The application is made to place the subject area in a zoning district considered consistent with the FLUM designation. In 2005, City initiated an.amendment to the Future Land Use Map designation dthe request site from Highway Commercial to Mixed Use Main Streellt was noted that only half of the parcels in the subject area meet minimum lot area and width standards of the H" tghway Commercia1District. Further, the Community Redevelopment Area Plan Update and the East Miracle Strip Parkway plans indicate the subject should be developed as the Mixed Use Main Street designation.