Fort Walton Beach Ordinance — 2050--Amend FLUM--14 Robinwood Drive — reading text

READING BIM 2nd ORDINANCE 2050 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT BEACH, FLORIDA, AMENDING THE CITY' S WALTON COMPREHENSIVE PLAN TO AMEND THE FUTURE LAND USE MAP FOR PROPERTY DESCRIBED AS 14 ROBINWOOD DRIVE SOUTHWEST, PARTICULARLY DESCRIBED IN THE BODY OF THE MORE ORDINANCE, TO MIXED BUSINESS AND INDUSTRIAL ( MBI) ; 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 14 Robinwood Drive SW as surplus property; and WHEREAS, on August 2020, City Council voted unanimously to approve the 11, execution of a sales contract for the property located at 14 Robinwood Drive SW to Backridge Tree Services, Inc.; and WHEREAS, on January 29, 2021, the Growth Management Department received an application, REZ21- 0014, for rezoning to amend the City' s official zoning designation to MB Mixed Business & Manufacturing) for property addressed as 14 Robinwood Drive SW; and WHEREAS, on January 29, 2021, the Growth Management Department received an application, FLUA21- 0013, to amend the Future Land Use Map classification to Mixed Business and Industrial ( MBI) for property addressed as 14 Robinwood Drive SW; 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 of 14 Robinwood Drive SW 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 within the last year. for which a comprehensive plan amendment has been granted  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 March 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 March 9, 2021 and March 23, 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 Mixed Business and Industrial ( MBI): Property Address: 14 Robinwood Drive SW Property described as: LOT 4, ROBINWOOD MUNICIPAL SUBDIVISION, AS RECORDED IN PLAT BOOK 20, AT PAGE 42 IN THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA. The total actual acreage of above described property is approximately 0. 85 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,Section or the 163. Administration 3187 Commission, finding the Florida Statutes. No of the amendment in compliance in accordance with 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. AAa r el a3 i A. 1 0 a_ Richard A. Rynearson, ayor Attest: Approved for form, legs/ fir - Kim . Barnes, City Clerk i yy Atto.-- Dykes,,.>"" y CoA w4tro 3  NORTHWEST FLORIDA Daily News vrdailynews.com 03/00075DN CITY OF FORT WAL- FOR FACT; FINDINGS PROVIDING OF hearing will need a rec- ord of the proceedings, Published Daily TON BEACH, FLOR- FOR CONSISTENCY; and for such purpose Fort Walton Beach. Florida IDA PROVIDING FOR SEV- may need to ensure Distributed in Okaloosa. Santa Rosa & « altoll NOTICE OF PUBLIC ERABIIJTY; AND PRO- that a verbatim record HEARING VIDING AN EFFE - of the proceedings is Counties A PUBLIC HEARING TIVE DATE. made, which record in- STATE OF FLORIDA will be held on the fol- As a result of the eludes the testimony lowing Ordinance on COVID- 19 public health and evidence upon COUNTY OF OKAJLOOSA March 23, which the appeal is tc Tuesday, emergency, the City of 2021 at 6:00 p. m. in Fort Walton Beach has be based ( F. S Before the undersigned authority personally appeared the Council Chamber made modifications to 286. 0105). Shannon Agerton, who on oath says that ( s) he is an at Fort Walton Beach the process in which The City of Fort Waltor Gatehouse Media City Hell, 107 Miracle public meetings are Beach adheres to the employee