Fort Walton Beach Ordinance — 2044--Amend FLUM--329 Lake Drive NW — reading text

h. ADING DATE y: 3t V' 2.02.1 ORDINANCE 2044 nd 0ae,. 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 329 LAKE DRIVE NORTHWEST, MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, TO LOW DENSITY RESIDENTIAL ( LDR) ; 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 329 Lake Drive NW 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 329 Lake Drive NW to Watree Construction; and WHEREAS, On December 9, 2020, the Growth Management Department received an application, REZ20-0163, for rezoning to amend the City' s official zoning designation to R- 1 Single Family Residential) for property addressed as 329 Lake Drive NW; and WHEREAS, On December 9, 2020, the Growth Management Department received an application, FLUA20- 0164, to amend the Future Land Use Map classification to Low Density Residential ( LDR) for property addressed as 329 Lake Drive NW; and WHEREAS, Sections 163. 3184 ( 3) & ( 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 329 Lake Drive NW 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 finds 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 January 7, 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 January 12, 2021 and January 26, 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 Low Density Residential ( LDR): Property Address: 329 Lake Dr NW Property described as: PARK PARCEL, 4TH ADDITION TO VESTA HEIGHTS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 12, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA. The total actual acreage of above described property is approximately 1. 79 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. 31) days after The effective date of this small- scale plan amendment shall be thirty- one ( to Section 163. 3187( 5) of the Florida adoption, unless the amendment is challenged pursuant 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. J 1nike, t i a.b t -- o Z I 4 Richard A. Rynearson, ayor Attest: Approved for form, leg. ,-. i/. .'/-e/ Dykes, r., Ci, Attorney rnes, City Clerk WALl aywa r.. 3 atf- l f FLORID*  Exhibit " A" Location Map 329 Lake Drive NW 10- 2S- 24- 258E- 0000- OOCA City of r 16 i Fort Walton Beach Planning Division f q w4Lr. Ik of ,_. s-. O I' 1 Request Site I j.:- if* 1111 CHERIE CT NW 400 0 200 Feet bAIIFI / 4NJONCTNW o s N E DR NW W- po 1ze AO wily qr.in Prepared City of Fort Walton Beach GIS Division by the 454 til G w 4V: Le 9 end Limits gypDR ItifiVoME N h,® Request Site MI Iiiiillliw LEAH MILLER DR NW tal M IIIIIIIIIIIIIIkll W hIIIUNhiIiiii HOLMES BLVD NW N DR NW z VICTORIA. a• L1% z z ill i, W ole. CIR NW  Exhibit " B" Zoning 329 Lake Drive NW 10- 2S- 24- 258E- 0000- OOCA Irrais City of Fort Walton Beach 3 Planning Division 11.