Fort Walton Beach Ordinance — 2031--Rezone 1900 Lewis turner to PUD — reading text

READING DATE M 1st 8 2nd ORDINANCE 2031 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY LOCATED AT 1900 LEWIS TURNER BOULEVARD TO BE REZONED FROM MX -2 ( MIXED-USE HIGH) TO PUD ( PLANNED UNIT DEVELOPMENT); PROVIDING FOR THE AMENDMENT OF THE AFFECTED PORTION OF THE OFFICIAL ZONING MAP; PROVIDING FOR APPROVAL OF THE SITE DEVELOPMENT PLAN; 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: SECTION 1. AUTHORITY & INTENT The authority for enactment of this ordinance is pursuant to Chapters 166 and 177, Florida Statutes, Section 2, City Charter, and the City' s Land Development Code. A. The owner, Freedom Beacon, LLC, applied for rezoning approval for the property located at 1900 Lewis Turner Boulevard. The development of this property is a multi -phase project to include infrastructure, an apartment complex, areas for future mixed-use developments, and stormwater management. Approval of this rezoning will result in a new Planned Unit Development zoning district at the property. B. The Local Planning Agency held a public hearing and considered this ordinance on August 6, 2020. The Local Planning Agency has recommended approval of the rezoning of the subject area from MX -2 ( Mixed -Use High) Zoning District to PUD (Planned Unit Development) Zoning District in accordance with the Freedom Beacon Park Planned Unit Development document as prepared by AVCON, Inc., dated January 29, 2020, and the conditions and amendments in this ordinance. 2020 and C. The City Council then conducted public hearings on August 11, August 25, 2020, after giving due public notice pursuant to Section 166.041 of the Florida Statutes and the City' s Land Development Code. SECTION 2. FINDINGS OF FACT The City Council fmds: A. The planned unit development ( PUD) is a zoning overlay available to encourage flexibility in the design and development of land and allow improved design and quality in new development. The PUD is intended to provide for diversification and integration of uses and structures consistent with the underlying zoning district. B. The Freedom Beacon Park Planned Unit Development has a physical address of 1900 Lewis Turner Boulevard, Fort Walton Beach, Florida. The subject property is approximately 52.44 acres. The redevelopment will consist of a multi -phase project including infrastructure, stormwater management, an apartment complex and areas available for Mixed Use development.  C. The Freedom Beacon Park Planned Unit Development is consistent with the City' s Comprehensive Plan and the Land Development Code. D. The proposed PUD will provide landscaping buffers to transition between areas of different land use and minimize any adverse impacts the development may have on existing and zoned development. E. The intensity/density of the development is compatible with the surrounding area. F. The provisions of and conditions required by this approval are necessary and in the best interests of the public health, safety, and welfare of City citizens. Therefore, the City Council approves the Freedom Beacon Park Planned Unit Development, as set forth in this ordinance. SECTION 3. PROPERTY TO BE REZONED A. The property subject to this rezoning is located at 1900 Lewis Turner Boulevard, Fort Walton Beach, Florida, and is more particularly described in the Freedom Beacon Park Planned Unit Development document. B. The requested rezoning is consistent with the City' s Comprehensive Plan. Therefore, the subject property is hereby rezoned from MX -2 ( Mixed -Use High) Zoning District to PUD ( Planned Unit Development) Zoning District, subject to all conditions and amendments of this ordinance and the Freedom Beacon Park Planned Unit Development project documents as prepared by AVCON, Inc., dated January 29, 2020. C. The Official Zoning Map of the City of Fort Walton Beach is hereby amended to change the classification of the subject property from MX -2 ( Mixed -Use High) Zoning Districts to PUD (Planned Unit Development) Zoning District. SECTION 4. ADOPTION AND CONDITIONS TO FREEDOM BEACON PARK PLANNED UNIT DEVELOPMENT The Freedom Beacon Park Planned Unit Development project documents as prepared by AVCON, dated January 29, 2020, are adopted by reference and approved as the Inc., development plan and order, with the following amendments and conditions: A. All improvements shall be made in accordance with the provisions of this ordinance and the project documents. This ordinance and the project documents shall be considered the development and site standards, criteria, and other requirements for development of the Freedom Beacon Park Planned Unit Development. If a subject is not addressed in this ordinance or the project documents, the applicable provision of the latest version of the City' s Land Development Code shall apply. 1. The Planned Unit Development narrative document, prepared by AVCON, Inc., dated January 29, 2020. 2. The engineered plans prepared by AVCON, Inc., signed and sealed by Tonia D. Nation, P.E., on May 13, 2020. 3. The boundary survey and legal descriptions prepared by Gustin, Cothern & Tucker, Inc., signed and sealed by Allen E. Tucker, P. S. M., on September 16, 2019.  4. The stormwater maintenance and management plan prepared by AVCON, Inc., signed and sealed by Tonia D. Nation, P.E., on February 14, 2020. 5. The landscape plans prepared by AVCON, Inc., signed and sealed by Callie Roark Barker, R.L.A., dated April 16, 2020. 6. The traffic concurrency analysis prepared by AVCON, Inc. signed and sealed by Tonia D. Nation, P. E., on May 6, 2020. B. In accordance with the Land Development Code, only non -potable or reclaimed water shall be used in the irrigation system. C. Prior to the start of construction, all existing trees that are to be saved on site shall be marked/ flagged to ensure that appropriate trees are saved in accordance with the approved site development plans. SECTION 5. CONFLICTING PROVISIONS If any other ordinance, or parts of any other ordinance, or provision of the Land Development Code are in conflict with this ordinance, the provisions of this ordinance shall prevail. SECTION 6. SEVERABILITY Should any section, part, or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder, as a whole or any part, other than that part declared to be invalid. SECTION 7. VIOLATIONS Any violation of any of the provisions of the development plan shall constitute a violation of this ordinance and may be subject to enforcement through chapter 1. 05 of the City Code and all other remedies available to the City. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect immediately upon approval on second reading by City Council and signature of the Mayor. Adopted: — 2 5 Fro o ichard A. Rynearson, Wayor Attest: Approved for form, legal enc 1 Dykes, Jr., ey Kim . Barnes, City Clerk