Fort Walton Beach Ordinance — 1811 rezone 248 brooks / baytowne view sub — reading text

READtNG DATE 1st 2nd ORDINANCE 1811 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA REGARDING A 3. 13:1: ACRE PARCEL WITH A PHYSICAL ADDRESS OF 248 BROOKS STREET, FORT WALTON BEACH, FLORIDA; AUTHORIZING THE REPLAT OF THE SUBJECT PROPERTY; REZONING THE SUBJECT PROPERTY TO THE BAY TOWNE VIEW SUBDIVISION PLANNED UNIT DEVELOPMENT DISTRICT; AND APPROVING THE DEVELOPMENT PLAN FOR THE BAY TOWNE VIEW SUBDIVISION PLANNED UNIT DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. 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 pursuant to chapters 166 and 177, Florida Statutes, section 2, City Charter, and the City' s Land Development Code. SECTION 2. PURPOSE A. The owner, 248 FWB, LLC, through Core Engineering and Consulting, Inc., the engineer of record, applied for rezoning approval of the Bay Towne View Subdivision Planned Unit Development on its property located at 248 Brooks Street, Fort Walton Beach, Florida. The development will consist of seven single family lots platted along the existing Brooks Street right- of-way. Approval of the applicationwill require that the City approve the replat of the 3. 13 to Planned acres, approve the rezoning of the property from MUW- 12 District Unit Development District, and approve the Bay Towne View Subdivision Planned Unit Development as the controlling authority for development and site standards, criteria and other requirements. B. The Municipal Planning Board held a public hearing and considered this ordinance on October 15, 2009. The Municipal Planning Board has recommended the approval of the rezoning of the subject area from Mixed Use Waterfront 12 District to Planned Unit Development District in accordance with the Bay Towne View Subdivision Planned Unit Development document as and prepared by Core Engineering and Consulting, Inc., dated October 7, 2009, the conditions and amendments in this ordinance, if any. C. The City Council then conducted public hearings on October 27, 2009, and November 10, 2009, after giving due public notice pursuant to Section 166. 041, Florida Statutes, and the City' s Land Development Code. SECTION 3. FINDINGS The City Council finds: A. The planned unit development (" PUD") district is intended to provide flexible land use and design regulations and permit planned diversification and integration of uses and structures, while retaining in the City Council the absolute authorityto establish limitations and regulations on the district for the benefit of the public health, welfare and safety. This request for rezoning to planned unit development was an entirely voluntary procedure for the owner. B. The provisions of the planned unit development (" PUD") district are intended to: 1) Promote more efficient and economic uses of land. 2) Lower development and building costs by permitting smaller networks of utilities and streets and the use of more economical building types and shared facilities. 3) Provide for open spaces and common areas and provide usable and suitably located recreational facilities within the development. 4) Allow the controlled development of land uses most suitable to the proposed site and surrounding neighborhoods. design and location criteria to encourage innovative 5) Provide development. D. The Bay Towne View Subdivision Planned Unit Development is located off of Brooks Street at Magnolia Street, and has a current physical address of 248 Brooks Street, Fort Walton Beach, Florida. The subject property is approximately3. 13 acres. The development will consist of seven single family lots platted along the existing Brooks Street right-of-way. E. Planned Unit Development Districts must be consistent with the City' s Comprehensive Plan and satisfy all requirements of the Land Development Code. The Town View Subdivision Planned Unit Development is consistent Bay with the City' s Comprehensive Plan and the Land Development Code. F. The provisions of and conditions required by this approval are and welfare of necessary and in the best interests of the public health, safety, Town View Subdivision City citizens. Therefore, the City Council approves Bay Planned Unit Development, as set forth in this ordinance. Ord 1811 Page 2 of 5 SECTION 4. REPLAT OF PROPERTY A. subject property is currently owned exclusively by the The applicant, 248 FWB, LLC, in fee simple. The subject property is currently platted as Lots 47A through 51A of the Ocean City Subdivision, as recorded in Plat Book 2, Page 28/ 28A and Lots 26 through 31 of the Greater Camp Walton Subdivision, as recorded in Plat Book 1, Page 29, of the Official Records of Okaloosa County, Florida. B. Pursuant to section 177. 101, Florida Statutes ( 2009), the subject Unit property shall be platted as " Bay Towne View Subdivision Planned Florida Development." The plat shall comply with the provisions of chapter 177, Statutes ( 2009) and sections 14. 50, et seq., and 14. 60, et seq., of the City' Land s Development Code. The s new lots' addresses shall be 248, 250, 252, project' 254, 256, 258, 260 Brooks Street, Fort Walton Beach, Florida. SECTION 5. PROPERTY REZONED A. The property subject to this rezoning is currently located at 248 Brooks Street, Fort Walton Beach, Florida, and is more particularly described in 10 Bay Towne View Subdivision Planned Unit Development document, at pages 11. B. The requested rezoning is consistent with the City' s from Comprehensive Plan. Therefore, the subject property is hereby rezoned MUW- 12 District to the Bay Towne View Subdivision Planned Unit Development District, subject to aU conditions and amendments of this ordinance and the Bay Towne View Subdivision Planned Unit Development project documents as prepared by Core and Consulting, Inc., dated October 7, 2009. Engineering C. The Official Zoning Map of the City of Fort Walton Beach is hereby amended to change the classification of the subject property from MUW- 12 District to Planned Unit Development District. SECTION 7. ADOPTION AND CONDITIONS TO BAY TOWNE VIEW SUBDIVISION PLANNED UNIT DEVELOPMENT The Bay Towne View Subdivision Planned Unit Development, project documents as prepared by Core Engineering and Consulting, Inc., dated October 7, 2009, and attached at Exhibit A, is adopted by reference and approved as the preliminary development plan and order, with the following amendments and conditions: ' A. The owner, at its expense, shall record this ordinance and the project documents in the public records of Okaloosa County, Florida. After recording, the owner, at its expense, shall provide to the City Clerk a complete copy of the ordinance and project documents with all recording information shown on the documents. Ord 1811 Page 3 of 5  B. The owner shall continue to provide reasonable assurances governing the development, use, maintenance and protection of all areas of the development by particularly stating in any subsequent deed the recording information for this ordinance and any other documents of restrictions or covenants. C. The owner shall grant to the City a utility and pedestrian easement, if necessary, covering the subject property, in a form approved by the City Attorney, within thirty days of approval of this ordinance. D. The conditions and requirements of the Development Review Committee that do not conflict with the provisions of this ordinance and as contained in the memoranda of the City Surveyor dated September 18, 2009 and October 7, 2009 and the Principal Planner dated September 22, 2009, and Chief BuildingOfficial, dated September 22, 2009, are incorporated by reference in this ordinance and the applicant and owner are required to timely satisfy them as required by the City. E. 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 lots in the Bay Towne View Subdivision. If a subject is not addressed in this ordinance or the project documents, the applicable provision of the city' s Land Development Code shall apply. SECTION 8. 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 9. CONFLICTS In case of a conflict of terms or provisions between this ordinance, and as an order of any of the incorporated documents, the following shall serve least controlling document: precedence from most controlling document to a) City' s Land Development Code; b) this ordinance; c) the Planned Unit Development Document and Attachments; d) any conditions, covenants, and restrictions properly recorded in the public records of Okaloosa County, Florida. If a conflict exists, the non- conflicting portion( s) of the term or provision of the less controlling documents shall remain enforceable. Ord 1811 Page 4 of 5 SECTION 10. 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 11. 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 12. EFFECTIVE DATE This Ordinance is effective upon approval by the City Council and signature of the Mayor. 6/ rJ~ / f., 1 AAvLlP 1