Fort Walton Beach Ordinance — 2086--Amend FLUM--232 Burnette — reading text

RREAMDIN G : 2nd P1/ y ORDINANCE 2086 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 232 BURNETTE AVENUE NW, MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, FROM CIVIC, INSTITUTIONAL, AND UTILITY (CIU) TO LOW DENSITY RESIDENTIAL LDR); PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FOR CONSISTENCY; PROVIDING FOR FACT; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on April 7, 2021, the Growth Management Department received an application, FLUA21- 0076, to amend the Future Land Use Map classification to Low Density Residential (LDR) for property addressed as 232 Burnette Avenue NW; 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 and Future Land Use Map of 232 Burnette Avenue NW and has 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 November 4, 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 November 16, 2021 and December 14, 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: 232 Burnette Avenue NW Property described as: THE WEST 1/ 2 OF THE FOLLOWING DESCRIBED PARCEL. COMMENCE AT THE NE CORNER OF THE NW 1/ 4 OF THE NW 1/ 4 OF THE SW 1/ 4, 2 SOUTH, RANGE 24 WEST, OKALOOSA SECTION 9, TOWNSHIP COUNTY, FLORIDA FOR A POINT OF BEGINNING. THENCE SOUTH 261 FEET, WEST 351 FEET, NORTH 261 FEET. EAST 351 FEET TO THE POINT OF BEGINNING. The total actual acreage of the above-described property is approximately 1. 06 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 adoption, unless the amendment is challenged pursuant to Section 163. 3187( 5) of the Florida Statutes. If challenged, the effective date ofthis 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: - S ec.e t 1 ichard A. Rynearson, Mayor t -•= Approved for form, legs - . Attest: Fos " _ 1, b d - ice. i ' ` A — Ki s . Barnes, City Clerk ay . rd Dykes, J ' ity Att. FLofMD . .