Fort Walton Beach Council agenda — 07-23-13--special---alconese rezoning — reading text

district: 3. 1. 1. Whether the requested zoning district is consistent with the future land use category according to Table 2. 01. 05. According to Table 2. 01. 05 of the City' s Land Development Cade, R -2 is an allowable zoning district within the Medium Density Residential future land use category. 3. 1. 2. Whether the uses within the requested zoning district are compatible with the uses in adjacent zoning districts. Compatibility is determined by considering scale of use; intensity of use as determined by floor area ratio and impervious surface coverage; hours of operation; impacts from noise in parking lots or structures; noise from outdoor gathering places; noise from outdoor speakers; noise from processes such as from body shops, equipment shops, and industrial activities; lighting from parking lots or structures and vehicles; and security lighting. Compatibility shall consider the range of allowable uses on parcels adjacent to the proposed rezoning parcel and the typical impacts from those uses. The requested zoning district, R -2, permits single-family dwellings, duplexes, triplexes, townhomes, and other styles of multifamily development. The surrounding zoning districts permit a wide range of uses including single-family dwellings, duplexes, triplexes, townhomes, other styles of multifamily uses. The development, and a wide range of commercial and of intensity/ density of the proposed zoning district is similar or slightly less intense than that of the surrounding zoning districts with regard to noise, lighting,  F- 6 .1 ORDINANCE 1878 hours of operation, and impervious surface coverage. The proposed zoning district does not permit uses that will generate excess noise from parking lots, outdoor gathering places, body shops, or industrial activities. The proposed zoning will permit lighting in accordance with lighting standards in the Land Development Code. 3. 1. 3. Whether the requested use is substantially more intense or less intense than allowable development on adjacent parcels. The range of uses permissible according to the land use category and zoning district on the adjacent parcels is the basis for determination. The requested use is single -family residential with multifamily residential style lot sizes, widths, and setbacks. The requested use is approximately the same intensity as the existing surrounding uses, which include single-family residential and low- intensity commercial. The requested use is slightly less intense than the range ofpermissible uses according to the land use categories and zoning districts on the adjacent parcels, which include R -1, R -2, MX-1, and MX 2-, which permit a wide range of residential and commercial uses. 3. 1. 4. Whether the requested use is based on soil types, topography, protection of natural resources, and protection of designated historic areas. The requested use, single-family residential, is the lowest intensity of all the possible land uses. It represents the least amount of impact to the land and natural resources. The proposed density is low (approximately 11 dwelling units per acre), and the applicant intends to preserve as many trees as possible. 4. STAFF FINDINGS OF FACT: 4. 1. Staff finds that the proposed rezoning is consistent with the Future Land Use category according to Table 2. 01. 05. 4. 2. Staff finds that the uses within the requested zoning district are compatible with the uses in the adjacent zoning districts. 4. 3. Staff finds that the requested use is not substantially more intense or less intense than allowable development on adjacent parcels. 4. 4. Staff finds that the requested use is based on soil types, topography, protection of natural resources, and protection of designated historical areas. 5. RECOMMENDACIl/ N: 5. 1. Staff respectfully recommends approval of Ordinance 1878 to rezone 204 Alconese Avenue SE from MX -1 ( Mixed Use Medium Density) to R -2 ( Multi -Family Residential). ATTACHMENTS: 7 -23 - 13 Alconese Exhibit Maps ( PDF)  6. 1 ORDINANCE 1878 IIISIORY: RECOMMENDED 07/ 11/ 13 Local Planning Agency RESULT: RECOMMENDED JUNANIMOUSI MOVER: Allan Steams SECONDER: MG Moran AYES: Steams, Moran, Panzenhagen, Kinkaid, Horn, Covey SIGNATURE BLOCK Stella Jones Completed 06/ 25/ 2013 8: 05 AM Tim Bolduc Completed 07/ 02/ 2013 3: 41 PM Skipped 07/ 03/ 2013 2: 50 PM City Attorney Carole Jones Completed 07/ 03/ 2013 2: 54 PM City Manager Completed 07/ 03/ 2013 3: 19 PM Local Planning Agency Completed 07/ 17/ 2013 5: 59 PM City Council Pending City Council Pending  F-6-17 ORDINANCE 1878 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY DESCRIBED AS 204 ALCONESE AVENUE SE, TO BE REZONED FROM MX -I ( MIXED USE MEDIUM DENSITY) ZONING DISTRICT TO R -2 ( MULTI- FAMILY RESIDENTIAL) ZONING DISTRICT; PROVIDING FOR THE AMENDMENT OF THE AFFECTED PORTION OF THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: Section 1. Authority & Intent A. The authority for enactment of this ordinance is contained in Chapter 166.021, and other provisions of the Florida Statutes and Section 2 of the City Charter. B. The Local Planning Agency held a public hearing and considered this ordinance on July 11, 2013. The City Council conducted public hearings on July 23, 2013 and August 13, 2013, after giving due public notice. Section 2. Findings of Fact The City Council hereby finds the following: A. Staff finds that the proposed rezoning is consistent with the Future Land Use category according to Table 2. 01. 05. B. Staff finds that the uses within the requested zoning district are compatible with the uses in the adjacent zoning districts. C. Staff finds that the requested use is not substantially more intense or less intense than allowable development on adjacent parcels. D. Staff finds that the requested use is based on soil types, topography, protection of natural resources, and protection of designated historical areas. Section 3. Property Rezoned The following described property is hereby rezoned from MX -1 ( Mixed Use Medium Density) to R -2 ( Multi -Family Residential) zoning district:  B'.i ORDINANCE 1878 A PORTION OF THE PARCEL DESCRIBED IN THE FINAL JUDGMENT RECORDED IN OFFICIAL RECORDS BOOK PAGE 2393, PAGE 4029, OKALOOSA COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 24, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA; THENCE 92029' 46" AZ ( NORTH AZIUM) (S87030' 14 "E) A DISTANCE OF 2668. 52 FEET TO IRON ROD, NO NUMBER; THENCE CONTINUE 92 029' 46" AZ S87 030' 14 " E) A DISTANCE OF 44. 67 FEET TO QUARTER CORNER; THENCE 92 °32' 34" AZ ( S87 °27' 26 "E) A DISTANCE OF 1503. 84 FEET TO A CONCRETE MONUMENT SHOWN ON THE PLAT OF OCEAN CITY SUBDIVISION AS 1164. 07 FEET WEST OF NORTHEAST CORNER OF SECTION 24; THENCE 213 033' 06" AZ S33 033' 06 "W) A DISTANCE OF 108. 45 FEET TO AN IRON ROD LS2032 ON THE WEST SIDE OF ALCONESE AVENUE SE AND THE POINT OF BEGINNING; THENCE 272028' 57" AZ ( N87 031' 03 "W) A DISTANCE OF 101. 08 FEET; THENCE 182004' 09" AZ ( S02004' 09 "W) A DISTANCE OF 89. 70 FEET; THENCE 180 °40' 46" AZ ( S00040' 46 "W) A DISTANCE OF 162. 19 FEET; THENCE 92009' 00" AZ S87 °51' 00 "E) A DISTANCE OF 101. 08 FEET TO ALCONESE AVENUE SE; THENCE 011 00' 18 " E) A DISTANCE OF 251. 29 FEET TO THE POINT OF BEGINNING. Section 4. Amendment of the Official Zoning Map The Official Zoning Map of the City of Fort Walton Beach is hereby amended to change the zoning classification of the subject property from MX -I ( Mixed Use Medium Density) to R -2 Multi- Family Residential) for the property described in Section 3 above. Section 5. Severability If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. Section 6. Effective Date This ordinance shall take effect immediately upon approval on second reading by the City Council and signature of the Mayor. Mike Anderson, Mayor Attest: Approved for form, legal sufficiency Helen Spencer, City Clerk Hayward Dykes, Jr., City Attorney Additions are underlined; deleiians are s4inkAn.  F- 6-1- 1 ORDINANCE 1878 RESULT: RECOMMENDED [ UNANIMOUS] MOVER: Allan Steams SECONDER: MG Moran AYES: Steams, Moran, Panzenhagen, Kinkaid, Horn, Covey  Exhibit " A" Location Map 204 Alconese Ave. SE