Fort Walton Beach Ordinance — 2083--Amend FLUM--206 Buck Drive — reading text

r• ADI NG DATE list 1st ORDINANCE 2083 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 206 BUCK DRIVE NE, MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, FROM LOW DENSITY RESIDENTIAL ( LDR) TO MIXED- USE ( MU); PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONSISTENCY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 21, 2021, the Growth Management Department received an application, REZ21- 0154, for rezoning of property located at 206 Buck Drive NE to amend the City' s official zoning designation from R- 1 ( Single Family Residential) to MX- 1 ( Mixed-Use Medium); and WHEREAS, on September 21, 2021, the Growth Management Department received an application, FLUA21- 0155, to amend the Future Land Use Map designation of property located at 206 Buck Drive NE from Low Density Residential ( LDR) to Mixed Use( MU); and WHEREAS, Sections 163. 3184 ( 3) & ( 5) of the Florida Statutes designates the process for adoption of comprehensive plan amendments following the Small- Scale Amendment Process; and WHEREAS, Staff has reviewed the applications, the applicable state statutes, City codes, and the City' s Local Planning Agency has reviewed the requested amendments to the Zoning and the Future Land Use Map of 206 Buck Drive NE 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 October 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 October 12, 2021 and October 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 future land use designation of the following described property is hereby changed from Low Density Residential ( LDR) to Mixed Use( MU): Property Address: 206 Buck Drive NE Property described as: LOT 29, BLOCK A, SECOND ADDITION TO PARK PLACE SUBDIVISION, A SUBDIVISION OF FORT WALTON BEACH, OKALOOSA COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF CIRCUIT COURT OF OKALOOSA COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 39. The total actual acreage of above-described property is approximately 0. 39 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 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. C- Adopted: e Yo 6. r z Le 4 110 A. l Richard A. Rynearson, ayor Attest: Approved for form, le al ffi '- ncy 1 i // Kim M Barnes, City Clerk 00 " 04 a . r. Dykes, Jr, City errney FLORID  LOCALiQ The Gainesville Sun I The Ledger Pa Box 631244 Cincinnati, OH 45263- 1244 Daily Commercial I Ocala StarBanner News Chief I Herald- Tribune I News Herald Northwest Florida Daily News CITY OF FORT WALTON BEACH, NOTICE LORIDA HEARING PROOF OF PUBLICATION A PUBLIC HEARING will be held on the following ordinances on DAY m in the CouncilCMam 2at°F66 Wolton Beach City Holl, 107 Miracle Strip Parkway SW, at which time the City on Of Ft Walton Beach into into law. law. Theconsider Meir adoption inspect. l' Meir City entirety may inspected online at w. fwb. org or at the Office of the City 107 MIRACLE STRIP PKWY SW Clerk during lar business hours. All interested to parties appear at heard Ft Walton Beach FL 32548 with pe othea proposed p e.OOOf'arai• wiro ORDINANCE 2083 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OKALOOSA BEACH, FLORIDA, F STATE OF FLORIDA, COUNTY OF AMENDING COMPREHENSIVE THE PLAN CITY' S TO AMEND THE FUTURE LAND USE MAP FOR PROPERTY DESCRIBED AS 204 BUCK and The Northwest Florida Daily News, a