Fort Walton Beach Council agenda — 03-14-06 ‎(regular)‎ — reading text

Beach City of Fort WaltCn n-~ Enyio~ I) Msion j= , ~ III ~~ =-, 3::== ~ '. I IIIII I -~ IIII!IEBI--..>-.... -- -- I= EBI. l)-i I I --- t: lt: ~;;~ =~ I - == ::::::=::;::::: = = I~ I . . I:.== I. 1- - m T m= EVA ~ J f ~~<< 1 i.I ~ cmJ.I J IllI I la Lll lJU1 u. s. __ . r 1 ~:- J~~D IffTim '~1I1f 1 ORDINANCE 1681 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 4 FLORIDA, RELATING TO THE REZONING OF CERTAIN PROPERTY 5 WITHIN THE CITY OF FORT WALTON BEACH LOCATED AT 6 6 PARK CIRCLE SE; PROVIDING FOR AUTHORITY; PROVIDING FOR 7 FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE 8 REZONED FROM R-2 MULTIFAMILY DWELLING DISTRICT TO 9 MUCC- 2 MIXED USE COMMUNITY COMMERCIAL DISTRICT; 10 PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR 11 CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; 12 AND PROVIDING FOR AN EFFECTIVE DATE. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT 15 WALTON BEACH, FLORIDA, AS FOLLOWS: 16 17 SECTION 1. AUTHORITY. The authority for enactment of this ordinance is Section 2, of 18 the City Charter, and Section 166. 021( 1), Florida Statutes. 19 20 SECTION 2. FINDINGS OF FACT. The City Council of the City of Fort Walton Beam 21 finds the following: 22 23 A. WHEREAS, an application for rezoning was received by the Department of 24 Community Development Services of the City of Fort Walton Beach by Paul A. Kieszek, 25 President of Kinetic Builders, Inc., the fee simple title holder of the subject property; and, 26 27 B. WHEREAS a public hearing was held before the Municipal Planning Board on 28 February 2, 2006, and the Municipal Planning Board has recommended the request be 29 approved; and, 30 31 C. WHEREAS, the City Council has conducted two public hearings after giving due 32 public notice pursuant to Section 166. 041, Florida Statutes; and. 33 34 D. WHEREAS, the property, located at 6 Park Circle SEt comprises 0. 8 acre more or 35 less, and is legally described as in Section 3 of this Ordinance; and, 36 37 E. WHEREAS, the rezoning is consistent with the present Comprehensive Plan, 38 adopted August 22. 2000, by Ordinance 1401. 39 40 SECTION 3. PROPERTY REZONED. The property legally described as Lots 9-11, inclusive, 41 Block 4. Howard W. Gill Subdivision, according to the Plat thereof as recorded in Plat Book 42 1, Page 114, of the Public Records of Okaloosa County. Fk> rida, is hereby rezoned MUCG-2 43 Mixed Use Community Commercial- 2 District. 44 45 SECTION 4. ZONING MAP AMENDMENT. The Official Zoning Map of the City of Fort 46 Walton Beach. as adopted by Section 12.40. 06 of the Land Development Code, is hereby 47 amended to include a change of classification from R-2 Multifamily Dwelling District to 48 MUCC- 2 Mixed Use Community Commercial- 2 District for the specific parcets described in 49 Section 3 of this Ordinance. 50 06 Draft 1- 9- Paae 1 of2 51 SECTION 5. CONFLICTING PROVISIONS. Special Acts of the Florida Legislature and 52 applicable to the incorporated area of the City of Fort Walton Beach, City Ordinances in conflict with the provisions of this ordinance are 53 City Resolutions, or parts, thereof, 54 hereby superceded by this ordinance to the extent of such conflict. 55 56 SECTION 6. SEVERABILITY. If any section, phrase, sentence, or portion of this Ordinance 57 is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such 58 portion shan be deemed a separate, distinc~ and independent provision, and such holding 59 shall not affect the validity of the remaining portions thereof. 60 61 SECTION 7. EFFECTIVE DATE. This Ordinance shalf become effective upon approval by 62 the City Council and signature of the Mayor. 63 64 65 ADOPTED: 66 67 MAYOR: 68 69 70 ATTEST: 71 72 73 Helen Spencer, City Clerk. 74 Approved as to legal sufficiency and form. 75 76 77 Toni L.Craig, City Attorney 78 79 80 81 82 83 84 85 86 87 88 89 90 91 Draft 1- 9- 06 PaQe20f2  MU:N' CfPAL PLANNING BOARD. FEBRUARY 2. 2006 MEEllNG AGENDA ITEM nt E~ UP8 CASa86-3- RZ CONStDERA1"WNOF ANORDINANCEOF' THECI1Y OFFORTWALTCWBEACH. FL~ RElA1'tNGTOTHEREZONJNGOF CERTAlNiPROPERrY-WtmHIN THE CITY OF FORTWALTON:BEACH LOCATEDiAT & PARKClRClE SE;PROVtDtNG FOR AUTHORt~ PROVtDtNG FORRNDfNGS OF FACT~PRCMDlNG,. FQRPROPERT't TO BE REZONED FROM~ 2,MtJLTFAMIl. DWB.. ING. y,. t. DtSTR1CTTO;MtJCC~2 MIXED USECOMMtJNR"t COMMERCtAl DISTRtC- T;.PROVIDtNG' FOR Az. ottiNG * P AMENDMENf; PROVIDtNG FOR CONFtlCl'fNG;PROVIStONS; PRoVtDINGFOR SEVERABtU1Y; AND PROVfDfNG- FOR.AN & t'tf .# DATE. .REQUESTED BY KINS1C BtJIU) :TNE ER~ tNc.,OWNER. C ( DS STAFF) SEEBACfWP) ( ( JUDtCfAl). QUAsr.-  CITY OF FORT WALTON BEACH MEMORANDUr., Date: January 23, 2006 To: Chairman and Members Municipal Planning Board Thru: lSsy Me Kim, CDS Dire~ M" From: Len Mitchell, Planning Manager LIIrv'- Subject: Consideration of Ordinance 1687 a Request to Rezone 6 Park Cirde SE from R-2 Muftifamily Dwetling District to MUCC-2 Mixed Use Community Commercial District. Requested by James E. Dowling, Agent for Kinetic Builders, Inc., owner. (MPB 06-3- Cas&# RZ) THE REQUEST: The Community Development Services Department (CDS) has received a request from James E.Dowting, Agent,for Kinetic Builders, Inc. to rezone from R-2 Muftifanuly Residential District to MUCC-2 Mixed Use Community Commercial District the 0. 8 acre parcel of property located at 6 Park Cirde SEe BACKGROUND: The process of amending the Official Zoning Map of the City requires the adoption of an ordinance after two (2) readings before the City Council. An advertised public hearing must be held 10 days prior to adoption. The Municipal Planning Board (MPB) is empowered by Council to review, hear. consider and make recommendations to the City Council on applications for development permits to approve, approve with conditions, or deny amendments to the Official Zoning Map of the City. As explained in the Staff Report, the applicant is seeking to rezone the request site in order to peace it into consistency with the Future Land Use Maps of the City's Comprehensive Plan. The appfrcant pians to redevelop the site by adding some dweUing units. In 2005, at the request of the applicant, the City amended the Future Land Use Map designation of the request site from Medium Density Residential to Mixed Use Community Commercial. A transitional land use, the MUCC designation was placed on the request which fles between General Commerdallands along Hollywood Boulevard and MDR designed lands in the Beal Parkway Neighborhood. The owner comes with a request to complete the process and change the zoning district to MUCC-2 Mixed Use Community Commercial District, a district that is considered consistent with the MUCC, Mixed Use ComJ'1(unity Commercial Future land Use Map designation. There are no requirements for posting with notices, legar advertisements or public notices prior to consideration by the MPB. DISCUSSION: Staff has prepared the enclosed Staff Report, which includes general background infonnation. a project description and a chronology of the zoning and development of the request site. The Staff Report also includes a determination of applicable law. _ consistency of the request with the Comprehensive Plan and determination of appropriateness of the request, including suggested findings for the MPB regarding the 13 criteria enumerated. Ordinance 1687, if adopted would rezone the O. SO-acre site to the MUCC-2 District and amend the Official Zoning Map of the City. accordingly. RECOMMENDATION: Staff recommends that the Municipal Planning Board find the request consistent with the Comprehensive Plan and forward to City Council its recommendation for approval of Ordinance 1687. Enclosures: Ordinance 1q87 ( 1- 9- 06) Staff Anal"ysis 1- 20-06 wI attachments City Attorney opinion e-mail ( 1- 9-06)  CITY OF FORT WALTON BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES PLANNING DIVISION STAFF REPORT AND ANALYSIS