Fort Walton Beach Ordinance — 2059--Amend FLUM--1106 Hospital Road — reading text

LEADING DATE ORDINANCE 2059 2nd i, 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 1106 HOSPITAL ROAD TO MIXED USE ( MU); PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONSISTENCY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 25, 2021, the Growth Management Department received an application for voluntary annexation and a request to amend the Comprehensive Plan' s Future Land Use Map ( FLUM) for property located at 1106 Hospital Road into the City limits of Fort Walton Beach, Florida; WHEREAS, 1106 Hospital Road, if annexed, must be assigned a future land use and zoning designation based on current City of Fort Walton Beach future land use and zoning designations: WHEREAS, Sections 163. 3184 ( 3) & ( 5) of the Florida Statutes designates the process for adoption of comprehensive plan amendments following the Small -Scale Amendment Process; and WHEREAS, City Staff has conducted an analysis of 1106 Hospital Road consistent with 163. 3184 ( 3) & ( 5) and recommends that the proposed FLUM designation for the property to be designated Mixed Use ( MU). NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: 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 April 8, 2021, 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 has been 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 Mixed Use ( MU): Parcel ID No.: 34- 1 S- 24- 0000-0052- 0040 Property Address: 1106 Hospital Road Property described as: PARCEL 1: LEGAL DESCRIPTION AS FURNISHED: OFFICIAL RECORDS BOOK 729, PAGES 22 AND 23. BEGIN ( POINT OF COMMENCEMENT) AT A POINT ON THE NORTH RIGHT- OF-WAY LINE OF RACETRACK ROAD 693. 00 FEET WEST OF THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA, AS ESTABLISHED BY THE U. S. C. AND G.S. DEPENDENT RESURVEY; THENCE NORTH 01 DEGREES 00 MINUTES EAST, 2123. 84 FEET TO A CONCRETE MONUMENT; THENCE ALONG THE SAME LINE 504. 63 FEET TO A CONCRETE MONUMENT; THENCE NORTH 89 DEGREES 11 MINUTES WEST, 640.53 FEET TO THE WEST LINE OF AN EXISTING 66 FEET RIGHT-OF- WAY; THENCE SOUTH 01 DEGREES 00 MINUTES WEST, 181. 96 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 35 MINUTES WEST 231. 94 FEET; THENCE SOUTH 01 DEGREES 00 MINUTES WEST 55. 00 FEET; THENCE SOUTH 88 DEGREES 35 MINUTES EAST 231. 94 FEET TO THE WEST LINE OF AN EXISTING 66 FEET RIGHT-OF-WAY; THENCE NORTH 01 DEGREES 00 MINUTES EAST 55. 00 FEET TO THE POINT OF BEGINNING. PARCEL IA: LEGAL DESCRIPTION AS FURNISHED, OFFICIAL RECORDS BOOK 146B, PAGE 1553. A PARCEL OF LAND IN SECTION 34, TOWNSHIP 1 SOUTH, RANGE 24 WEST, IN OKALOOSA COUNTY, FLORIDA DESCRIBED AS COMMENCING AT A POINT ON THE NORTH RIGHT- OF-WAY LINE RACETRACK ROAD, 693. 00 FEET WEST OF THE SOUTHEAST CORNER OF SAID SECTION 34, AS ESTABLISHED BY THE U.S. C. & G. AND G. S. DEPENDENT RESURVEY; THENCE NORTH 01 DEGREES 00 MINUTES 00 SECONDS EAST, 2123. 84 FEET TO A CONCRETE MONUMENT; THENCE CONTINUING ALONG THE SAME LINE 504.63 FEET TO A CONCRETE MONUMENT; THENCE NORTH 89 DEGREES 11 MINUTES 00 SECONDS WEST, 640.53 FEET TO AN IRON PIN AT THE WEST RIGHT-OF- WAY LINE OF AN EXISTING RIGHT-OF- WAY (HOSPITAL DRIVE): THENCE SOUTH 01 DEGREES 00 MINUTES 00 SECONDS WEST 181. 96 FEET ( 181. 77 FEET MEASURED) ALONG SAID WEST RIGHT-OF-WAY LINE; THENCE NORTH 88 DEGREES 35 MINUTES 00 SECONDS WEST ( REFERENCE BEARING), 231. 94 FEET ( 232. 07 FEET MEASURED) TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 32. 02 FEET; THENCE SOUTH 01 DEGREES 00 MINUTES 00 SECONDS WEST, 55. 06 FEET; THENCE SOUTH 88 DEGREES 35 MINUTES 00 SECONDS EAST, 32. 02 FEET; THENCE NORTH 01 DEGREES 00 MINUTES 00 SECONDS EAST, 55. 06 FEET TO THE POINT OF BEGINNING. ALL LOCATED IN SECTION 34, TOWNSHIP 1 SOUTH, RANGE 24 WEST. OKALOOSA COUNTY, FLORIDA. PARCEL 1B, A PARCEL OF LAND IN SECTION 34, TOWNSHIP 1 SOUTH 1, RANGE 24 WEST IN OKALOOSA COUNTY, FLORIDA DESCRIBED AS COMMENCING AT A POINT ON THE NORTH RIGHT-OF- WAY THE OF RACETRACK ROAD, 693. 00 FEET WEST OF THE SOUTHEAST CORNER OF SAID SECTION 34, AS ESTABLISHED BY THE U. S. C. & G. AND G. S. DEPENDENT RESURVEY; THENCE NORTH 01 DEGREES 00 MINUTES 00 SECONDS 2123. 84 FEET TO A CONCRETE MONUMENT; THENCE CONTINUING ALONG THE SAME LINE 504. 63 FEET TO A CONCRETE MONUMENT ( NO.#); THENCE NORTH 89 DEGREES 11 MINUTES DO SECONDS WEST. 540. 53 FEET TO AN IRON PIN AT THE WEST RIGHT- OF-WAY LINE OF AN EXISTING RIGHT- OF-WAY ( HOSPITAL DRIVE); THENCE SOUTH 01 DEGREES 00 MINUTES 00 SECONDS WEST 181. 96 FEET ( 181. 77 FEET MEASURED) ALONG SAID WEST RIGHT-OF- WAY LINE; THENCE NORTH 88 DEGREES 35 MINUTES 00 SECONDS WEST REFERENCE BEARING) 264.09 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 24.00 FEET; THENCE SOUTH 01 DEGREES 00 MINUTES 00 SECONDS WEST, 55. 06 FEET; THENCE SOUTH 88 DEGREES 35 MINUTES 00 SECONDS EAST 24 FEET; THENCE NORTH 01 DEGREES 00 MINUTES 00 SECONDS EAST, 55. 06 FEET; THENCE THE POINT OF BEGINNING. ALL LOCATED IN SECTION 34, TOWNSHIP 1 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA. PARCEL IC, LEGAL DESCRIPTION AS FURNISHED, OFFICIAL RECORDS BOOK 2205, PAGE 3376. A PARCEL OF LAND IN SECTION 34, TOWNSHIP 1 SOUTH, RANGE 24 WEST,' OKALOOSA COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCE AT A POINT ON THE NORTH RIGHT-OF- WAY LINE OF RACETRACK ROAD, 693. 0 FEET WEST OF THE SOUTHEAST CORNER OF SAID SECTION 34, AS ESTABLISHED BY THE U.S. C. & G. S. DEPENDENT RESURVEY; THENCE NORTH 01 DEGREES 00 MINUTES 00 SECONDS EAST 2123. 84 FEET TO A CONCRETE MONUMENT ( NO#); THENCE CONTINUE ALONG THE SAME LINE 504. 63 FEET TO A CONCRETE MONUMENT ( NO#); THENCE NORTH 89 DEGREES 11 MINUTES 00 SECONDS WEST 640. 53 FEET TO THE WEST RIGHT- OF- WAY OF HOSPITAL DRIVE ( 66 FEET RIGHT-OF- WAY); THENCE SOUTH 01 DEGREES 00 MINUTES 00 SECONDS WEST 181. 96 FEET ALONG SAID RIGHT- OF- WAY; THENCE DEPARTING HOSPITAL DRIVE RUN N 88 DEGREES 35 MINUTIES 00 SECONDS WEST 287.96 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01 DEGREES 00 MINUTES 00 SECONDS WEST 55. 06 FEET; THENCE NORTH 88 DEGREES 35 MINUTES 00 SECONDS WEST 35. 00 ( 35. 03) FEET THENCE NORTH 01 DEGREES DO MINUTES 00 SECONDS EAST 55. 06 FEET; THENCE SOUTH 88 DEGREES 35 MINUTES 00 SECONDS EAST 35. 00 ( 34.98) FEET TO THE POINT OF BEGINNING. PARCEL 2, LEGAL DESCRIPTION AS FURNISHED, OFFICIAL RECORDS BOOK 1160, PAGE 890. BEGIN AT A POINT ON THE NORTH RIGHT-OF- WAY LINE OF RACETRACK ROAD 693. 00 FEET WEST OF THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA, AS ESTABLISHED BY THE U. S. C. AND G. S. DEPENDENT RESURVEY; THENCE NORTH 01 DEGREES 00 MINUTES EAST 2123. 84 FEET TO A CONCRETE MONUMENT; THENCE ALONG THE SAME LINE 504. 63 FEET TO A CONCRETE MONUMENT; THENCE NORTH 89 DEGREES 11 MINUTES WEST, 640. 53 FEET TO THE WEST LINE OF AN EXISTING 66.00 FOOT RIGHT-OF- WAY; THENCE SOUTH 01 DEGREES 00 MINUTES WEST 301. 96 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 35 MINUTES WEST, 173. 96 FEET; THENCE SOUTH 01 DEGREES 00 MINUTES WEST, 65. 0 FEET, THENCE SOUTH 88 DEGREES 35 MINUTES EAST, 173. 96 FEET; THENCE NORTH 01 DEGREES 00 MINUTES EAST, 65. 00 FEET TO THE POINT OF BEGINNING. PARCEL 3: LEGAL DESCRIPTION AS FURNISHED: OFFICIAL RECORDS BOOK 1160, PAGE 891. BEGIN AT A POINT ON THE NORTH RIGHT-OF- WAY LINE OF RACETRACK ROAD 693. 00 FEET WEST OF THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 24 WEST, OKALOOSA, COUNTY, FLORIDA, AS ESTABLISHED BY THE U. S. C. AND G. S. DEPENDENT RESURVEY; THENCE NORTH 01 DEGREES 00 MINUTES EAST, 2123. 84 FEET TO A CONCRETE MONUMENT; THENCE ALONG THE SAME LINE 504. 63 FEET TO A CONCRETE MONUMENT; THENCE NORTH 89 DEGREES 11 MINUTES WEST 640. 53 FEET TO THE WEST LINE OF AN EXISTING 66. 00 FOOT RIGHT-OF- WAY; THENCE SOUTH 01 DEGREES 00 MINUTES WEST 236. 96 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 35 MINUTES WEST 173. 96 FEET; THENCE SOUTH 01 DEGREES 00 MINUTES WEST 65. 00 FEET; THENCE SOUTH 88 DEGREES 35 MINUTES EAST, 173. 96 FEET TO THE WEST LINE OF AN EXISTING 66 FOOT RIGHT-OF- WAY; THENCE NORTH 01 DEGREES 00 MINUTES EAST, 65. 00 FEET TO THE POINT OF BEGINNING.  The total actual acreage of above described property is approximately 0.94 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. This ordinance