Fort Walton Beach Council agenda — 11-10-2009 - regular — reading text

B. The Municipal Planning Board held a public hearing and considered 35 this ordinance on October 15, 2009. The Municipal Planning Board has 36 recommended the approval of the rezoning of the subject area from Mixed Use 37 Waterfront 12 District to Planned Unit Development District in accordance with 38 the Bay Towne View Subdivision Planned Unit Development document as 39 prepared by Core Engineering and Consulting, Inc., dated October 7, 2009, and 40 the conditions and amendments in this ordinance, if any. 41 42 C. The City Council then conducted public hearings on October 27, 43 2009, and November 10, 2009, after giving due public notice pursuant to Section 44 166. 041, Florida Statutes, and the City' s Land Development Code. Ord PUD Atty Finall 1 40- 45 46 SECTION 3. FINDINGS 47 The City Council finds: 48 49 A. The planned unit development ( " PUD ") district is intended to flexible land use and design regulations and permit planned 50 provide 51 diversification and integration of uses and structures, while retaining in the City 52 Council the absolute authority to establish limitations and regulations on the 53 district for the benefit of the public health, welfare and safety. This request for 54 rezoning to planned unit development was an entirely voluntary procedure for the 55 owner. 56 57 B. The provisions of the planned unit development ( "PUD ") district are 58 intended to: 59 ( 1) Promote more efficient and economic uses of land. 60 61 ( 2) Lower development and building costs by permitting smaller 62 networks of utilities and streets and the use of more economical 63 building types and shared facilities. 64 65 ( 3) Provide for open spaces and common areas and provide usable 66 and suitably located recreational facilities within the development. 67 68 ( 4) Allow the controlled development of land uses most suitable to 69 the proposed site and surrounding neighborhoods. 70 71 ( 5) Provide design and location criteria to encourage innovative 72 development. 73 74 D. The Bay Towne View Subdivision Planned Unit Development is 75 located off of Brooks Street at Magnolia Street, and has a current physical 76 address of 248 Brooks Street, Fort Walton Beach, Florida. The subject property 77 is approximately 3. 13 acres. The development will consist of seven single family 78 lots platted along the existing Brooks Street right -of -way. 79 80 E. Planned Unit Development Districts must be consistent with the 81 City's Comprehensive Plan and satisfy all requirements of the Land Development 82 Code. The Bay Town View Subdivision Planned Unit Development is consistent 83 with the City' s Comprehensive Plan and the Land Development Code. 84 85 F. The provisions of and conditions required by this approval are 86 necessary and in the best interests of the public health, safety, and welfare of 87 City citizens. Therefore, the City Council approves Bay Town View Subdivision 88 Planned Unit Development, as set forth in this ordinance. 89 Ord PUD Atty Finall 2 41-  90 91 SECTION 4. REPLAT OF PROPERTY 92 A. The subject property is currently owned exclusively by the 93 applicant, 248 FWB, LLC, in fee simple. The subject property is currently platted 94 as Lots 47A through 51 A of the Ocean City Subdivision, as recorded in Plat Book 95 2, Page 28/ 28A and Lots 26 through 31 of the Greater Camp Walton Subdivision, 96 as recorded in Plat Book 1, Page 29, of the Official Records of Okaloosa County, 97 Florida. 98 99 B. Pursuant to section 177. 101, Florida Statutes ( 2009), the subject 100 property be platted as " Bay Towne View Subdivision Planned Unit shall 101 Development." The plat shall comply with the provisions of chapter 177, Florida 102 Statutes ( 2009) and sections 14. 50, et seq., and 14. 60, et seq., of the City's Land 103 Development Code. The project' s new lots' addresses shall be 248, 250, 252, 104 254, 256, 258, 260 Brooks Street, Fort Walton Beach, Florida. 105 106 SECTION 5. PROPERTY REZONED 107 A. The property subject to this rezoning is currently located at 248 108 Brooks Street, Fort Walton Beach, Florida, and is more particularly described in 109 Bay Towne View Subdivision Planned Unit Development document, at pages 10 110 — 11. 111 112 B. The requested rezoning is consistent with the City's 113 Comprehensive Plan. Therefore, the subject property is hereby rezoned from 114 MUW -12 District to the Bay Towne View Subdivision Planned Unit Development 115 District, subject to all conditions and amendments of this ordinance and the Bay 116 Towne View Subdivision Planned Unit Development project documents as 117 prepared by Core Engineering and Consulting, Inc., dated October 7, 2009. 118 119 C. The Official Zoning Map of the City of Fort Walton Beach is hereby 120 MUW -12 amended to change the classification of the subject property from 121 District to Planned Unit Development District. 122 123 124 SECTION 7. ADOPTION AND CONDITIONS TO BAY TOWNE VIEW 125 SUBDIVISION PLANNED UNIT DEVELOPMENT 126 The Bay Towne View Subdivision Planned Unit Development, project 127 documents as prepared by Core Engineering and Consulting, Inc., dated October 128 7, 2009, and attached at Exhibit A, is adopted by reference and approved as the 129 preliminary development plan and order, with the following amendments and 130 conditions: 131 132 A. The owner, at its expense, shall record this ordinance and the 133 project documents in the public records of Okaloosa County, Florida. After 134 recording, the owner, at its expense, shall provide to the City Clerk a complete 135 copy of the ordinance and project documents with all recording information 136 shown on the documents. Ord PUD Atty Finall 3 42-  137 B. The owner shall continue to provide reasonable assurances 138 governing the development, use, maintenance and protection of all areas of the 139 development by particularly stating in any subsequent deed the recording 140 information for this ordinance and any other documents of restrictions or 141 covenants. 142 143 C. The owner shall grant to the City a utility and pedestrian easement, 144 if necessary, covering the subject property, in a form approved by the City 145 Attorney, within thirty days of approval of this ordinance. 146 147 D. The conditions and Development Review requirements of the 148 Committee that do not conflict with the provisions of this ordinance and as 149 contained in the memoranda of the City Surveyor dated September 18, 2009 and 150 October 7, 2009 and the Principal Planner dated September 22, 2009, and Chief 151 Building Official, dated September 22, 2009, are incorporated by reference in this 152 ordinance and the applicant and owner are required to timely satisfy them as 153 required by the City. 154 155 E. All improvements shall be made in accordance with the provisions 156 of this ordinance and the project documents. This ordinance and the project 157 documents shall be considered the development and site standards, criteria and 158 other requirements for development of the lots in the Bay Towne View 159 Subdivision. If a subject is not addressed in this ordinance or the project 160 documents, the applicable provision of the city's Land Development Code shall 161 apply. 162 163 164 SECTION 8. CONFLICTING PROVISIONS 165 If any other ordinance, or parts of any other ordinance, or provision of the 166 Land Development Code are in conflict with this ordinance, the provisions of this 167 ordinance shall prevail. 168 169 170 SECTION 9. SEVERABILITY 171 Should any section, part, or provision of this ordinance be declared by a 172 court of competent jurisdiction, to be invalid, such decision shall not affect the 173 validity of the remainder, as a whole or any part, other than that part declared to 174 be invalid. 175 176 177 SECTION 10. VIOLATIONS 178. Any violation of any of the provisions of the development plan shall 179 constitute a violation of this ordinance and may be subject to enforcement 180 through chapter 1. 05 of the City Code and all other remedies available to the 181 City. 182 Ord PUO Atty Finall 4 43- 183 184 SECTION 11. EFFECTIVE DATE 185 This Ordinance is effective upon approval by the City Council and 186 signature of the Mayor. 187 188 189 190 191 Adopted Mike Anderson, Mayor 192 193 194 195 Attest: Approved for form and legal sufficiency. 196 197 198 199 Helen Spencer, City Clerk Toni L. Craig, City Attorney 200 201 Codification: Not codified. Ord PUD Atty Finall 5 44-  CITY COUNCIL MEETING November 10, 2009 Quasi- Judicial Agenda - Second Reading Ordinance 1813. Rezoning the property at 248 Hollywood Boulevard SE from R -2 to CF. Synopsis: This ordinance has been placed on this agenda for second reading. Due to an advertising discrepancy, staff requests that a motion be made to table this item to date certain November 24 2009 Agenda Item Number: