Fort Walton Beach Ordinance — 2067--Amend FLUM--116 Hollywood — reading text

READING r, 13111111ri/ 41 2nd gm. ORDINANCE 2067 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 116 HOLLYWOOD BOULEVARD SOUTHWEST, MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, TO MIXED BUSINESS AND INDUSTRIAL ( MBI); PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONSISTENCY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: WHEREAS, on June 9, 2020, City Council voted unanimously to declare multiple City-owned properties, including 116 Hollywood Boulevard SW as surplus property; and WHEREAS, on August 11, 2020, City Council voted unanimously to approve the execution of a sales contract for the property located at 116 Hollywood Boulevard SW to LBC Holdings, Inc.; and WHEREAS, on March 31, 2021, the Growth Management Department received an application, REZ21- 0066, for rezoning to amend the City' s official zoning designation to MB Mixed Business & Manufacturing) for property addressed as 116 Hollywood Boulevard SW; and WHEREAS, on March 31, 2021, the Growth Management Department received an application, FLUA21- 0065, to amend the Future Land Use Map classification to Mixed Business and Industrial ( MBI) for property addressed as 116 Hollywood Boulevard SW; and WHEREAS, Sections 163. 3184 ( 3) and ( 5), Florida Statutes designates the process for adoption of comprehensive plan amendments following the Small- Scale Amendment Process; and WHEREAS, City Staff has reviewed the applications, the applicable state statutes, City codes, and the City' s Local Planning Agency has reviewed the requested changes to the zoning of 116 Hollywood Boulevard Drive SW and the Future Land Use Map 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. 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 fords 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 May 6, 2021, after due public notice, pursuant to Section 163. 3187 of the Florida Statues, with its recommendations reported to the City Council. F. Public hearings were conducted by the City Council on May 11, 2021 and May 25, 2021, 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 Business and Industrial ( MBI): Property Address: 116 Hollywood Boulevard SW Property described as: LOT 5, ROBINWOOD MUNICIPAL SUBDIVISION, AS RECORDED IN PLAT BOOK 20, AT PAGE 42 IN THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA. The total actual acreage of above described property is approximately 1. 57 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 ( 31) days after the Florida adoption, unless the amendment is challenged pursuant to Section 163. 3187( 5) of 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. 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. a Adopted: Maki as Z i D a) ichard A. Rynearson, ayor Attest: Approved for form, legal suffic'- • y Adf WA& Haywa . trykes, Jr., • A. . Kim Barnes, City Clerk 06 ey e - Ns\ s 3' d, y `, 4 v O FLOR%  Exhibit " A" Location Map 116 Hollywood Boulevard SW 14- 2S- 24- 0101- 0000- 0050 City of Fort Walton Beach IN I I Division MIN E -- Planning 41, ailmii FOAL W.4LT lis0 0 cr BF0 do ti Y MN 1111 AlH FLOqiOA 0J- ZZ 0 0 200 400 IIIII m. 1111. ilm Feet HOLLYWOOD BLVD SW HOLLYWOOD BLVD NW N i 404, I W 1 lze Prepared by the 0 MI 111 City of Fort Walton Beach 0° GIS Division z- 0 Legend City Limits Request Site Request Site A Nay i 3 F ROSE MARIE LN SW I I I J L F. urn Iti U imemor.,,,„ BAGGTT PL SW iiiiiiiii.  Exhibit " B" Zoning 116 Hollywood Boulevard SW 14- 2S- 24- 0101- 0000- 0050