Fort Walton Beach Ordinance — 2029--Amend FLUM--115 Miracle Strip Pkwy — reading text

REAJING D f'• 1st 2nd ORDINANCE 2029 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 115 MIRACLE STRIP PARKWAY SW, MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, TO COMMERCIAL ( COM); 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: 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 June 4, 2020, after due public notice, pursuant to Section 163. 3187 of the Florida Statues, with its recommendations reported to the City Council. F. A public hearing will be conducted by the City Council, 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 Commercial ( COM): Property Address: I 15 Miracle Strip Parkway SW Property described as: A PARCEL OF LAND LYING IN SECTIONS 14 AND 23, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA BEING A PORTION OF THE LANDS DESCRIBED IN DEED BOOK 56, PAGE 464, DEED BOOK 44, PAGE 135, AND DEED BOOK 49, PAGE 29, PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA DESCRIBED AS FOLLOWS: COMMENCE AT A PK NAIL MARKING THE NORTHEAST CORNER OF SECTION 23, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA SAME BEING THE SOUTHEAST CORNER OF SECTION 14, THENCE NORTIH 88 DEGREES 45 MINUTES 33 SECONDS WEST ALONG NORTH LINE OF SAID SECTION 23 AND SOUTIH LINE OF SAID SECTION 14 A DISTANCE OF 2346.29 FEET, TO ITS iNTERSECTION WITH THE EAST LINE OF SEABREEZE EIGHTH ADDITION AS RECORDED IN PLAT BOOK 5, PAGE 19, PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA AND THE PO1NT OF BEGINNING; THENCE SOUTH O1 DEGREES 09 MINUTES 28 SECONDS WEST ALONG SAID EAST LINE OF SEABREEZE EIGHTH ADDITION A DISTANCE OF 60. 02 FEET TO A CONCRETE MONUMENT; THENCE SOUTH 83 DEGREES 26 MINUTES 04 SECONDS EAST A DISTANCE OF 9. 96 FEET TO A CONCRETE MONUMENT; THENCE SOUTH O1 DEGREES 04 MINUTES 42 SECONDS WEST ALONG SAID EAST LINE OF SEABREEZE EIGHTH ADDITION A DISTANCE OF 99. 06 FEET TO AN IRON ROD ON THE NORTH RIGHT- OF- WAY OF U. S. HIGHWAY 98 MIRACLE STRIP PARKWAY); THENCE SOUTHEASTERLY ALONG CURVED RIGHT- OF- WAY, CURVE BEING CONCAVE TO THE NORTH, HAVING A MEASURED RADIUS OF 20,476. 69 FEET, A CENTRAL ANGLE OF 0 DEGREES 22 MINUTES 14 SECONDS, A CHORD BEARING AND CHORD OF SOUTH 80 DEGREES 59 MINUTIES 43 SECONDS EAST 132. 48 FEET, AN ARC DISTANCE OF 132. 48 FEET; THENCE DEPARTING SAID RIGHT- OF- WAY NORTH 08 DEGREES 13 MINUTES 14 SECONDS EAST A DISTANCE OF 243. 33 FEET; THENCE NORTH 69 DEGREES 46 MINUTES 59 SECONDS WEST A DISTANCE OF 59. 74 FEET; THENCE NORTH 10 DEGREES 47 MINUTES 07 SECONDS EAST A DISTANCE OF 68. 38 FEET; TIHENCE NORTH 81 DEGREES 46 MINUTES 48 SECONDS WEST A DISTANCE OF 27. 89 FEET; THENCE SOUTH 43 DEGREES 32 MINUTES 12 SECONDS WEST A DISTANCE OF 146. 15 FEET TO THE AFORESAID EAST LINE OF SEABREEZE EIGHTH ADDITION; THENCE SOUTH O1 DEGREES 09 MINUTES 28 SECONDS WEST A DISTANCE OF 45. 85 FEET TO THE POINT OF BEGINNING. SAID TRACT LYING AND BEING IN SECTIONS 14 AND 23, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA. The total actual acreage of above described property is approximately 0.98 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. Adopted: ? ure a 3. o. y' Richard A. Rynearson, Mayor Attest: Approved for form, le icie cy J Kim Barnes, City Clerk W, Ha rd Dykes, ., rty ey oA 4Toh c //./ i o i c - . z q s A FIORIOA