Fort Walton Beach Council agenda — 02-11-03 regular Council agenda — reading text

effective 31 days after adoption, unless challenged, then the effective date is delayed until a final order is issued by the Administration Commission ( Governor and Cabinet). RECOMMENDATION: The Municipal Planning Board, acting as the Local Planning Agency, forwarded a recommendation for approval of Ordinance 1534.  o o Enclosures: Location Map- Exhibit "A" Ordinance 1534 w/ Revised FLUM ( Exhibit lOA") City Attorney Memorandum- December 16, 2002 Memorandum to MPB- December 16, 2002 wI Staff Report and Attachments  o o I""'" MUNICIPAL PLANNING BOARD JANUARY 9, 2003 MEETING AGENDA ITEM IV. A. A. MPB CASE # 03- 2- CP FLORIDA; CONSIDERATION OF AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; AMENDING THE LAND USE MAP OF THE COMPREHENSIVE PLAN RELATING TO RECENTLY FUTURE ANNEXED PROPERTY LOCATED AT 11 WEDGEWOOD LANE NE, TO DESIGNATE THE PROPERTY LDR ( LOW DENSITY RESIDENTIAL); PROVIDING FOR INTERNAL CONSISTENCY; AND PROVIDING FOR AN EFFECTIVE DATE. Requested by Jeffrey and Emma Rashinsky, owners. ( CDS Staff) (See backup)  o o CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM DATE: December 16, 2002 TO: Chairman and Members Municipal Planning Board ( MPB) THRU: Missy Mc Kim, AICP, Director, CD,~:~ FROM: Len Mitchell, Planning Manager l1fvV\ SUBJECT: Ordinance 1534- Designation of 11 Wedgewood Lane NE as LDR, Low Density Residential on Comprehensive Plan Future Land Use Map ( MPB Case#03- 2- CP BACKGROUND: As a companion request to Ordinance 1521, annexing the property at 11 Wedgewood Lane NE, the Department of Community Development Services is processing an application for a small scale development amendment ( SSA) to the Future Land Use map of " Directions: The Comprehensive Plan of the City of Fort Walton Beach:2008". Land use and zoning are applied to newly annexed lands upon enactment by the City Council of ordinances establishing appropriate Future Land Use and Zoning designations. The zoning amendment will not be initiated until the SSA becomes effective. This is to demonstrate that the zoning amendment is consistent with the comprehensive plan amendment as required by law. Small scale development amendments are permitted to be processed at any time as long as the thresholds have not been exceeded, rather than limited to one of the twice a year amendments provided by Florida Statute for other amendments. The City' s threshold is currently 120 acres. The process to enact a small scale amendment to the Future Land Map series of the Comprehensive Plan requires enactment by ordinance. Prior to consideration by City Council, the Municipal Planning Board must hold a public hearing on the proposed ordinance amending the comprehensive plan. Not sooner than 15 days after the MPB makes a recommendation on the amendment the City Council must hold at least one hearing to consider the recommendation. Upon adoption by City Council of the public amending ordinance on second reading the City must immediately transmit the adopted plan amendment to DCA and the West Florida Regional Planning Council ( WFRPC). There is no formal review by DCA unless requested by the City or an affected person or entity. The amendment becomes effective 31 days after adoption barring a challenge.  o o Future Land Use Map of the City to designate the subject property as Low Density C Residential ( LOR). ordinance. The City Attorney has reviewed and commented on the draft version of the Those comments are enclosed and changes have been made to reflect the attorneys' comments, as required. DISCUSSION: and its A Staff Report, which presents a detailed analysis of the proposed amendment anticipated effect on the various City levels of service, is attached. of The requested amendment provides a land use designation to the subject property Low Density Residential a designation that is consistent with adjacent properties in the Kenwood Neighborhood. follows: Ordinance 1534 as drafted contains five (5) sections. A brief discussion of each I.Authority- provides the legal basis for the enactment. II. Findings of Fact- Findings A- J outline the details and findings made to ensure in the compliance with the criteria for small scale development amendments provided Florida Statutes. r III. Amendment of Future Land Use Map- Amends Comprehensive Plan FLUM- 3, Fort Walton Beach ( North), Future Land Use map, to include newly annexed land ( 11 Wedgewood Lane NE) as LOR land use designation. Map showing affected part of FLUM- 3 North) with amendment is attached as Exhibit A. IV. Internal Consistency- Specifies that amendment is consistent with " Directions". V. Effective date- Ordinance is effective 31 days after adoption, unless challenged, then the effective date is delayed until a final order is issued by the Administration Commission ( Governor and Cabinet). RECOMMENDATION: Staff recommends that the Municipal Planning Board, acting as the Local Planning Plan and forward a Agency, find the request consistent with the Comprehensive recommendation to City Council for approval.  o o I""'" Enclosures: Ordinance 1534 w/Exhibit "A" Staff Report w/attachments City Attorney Memo  o o ip) 1 r!. Il'"'"' T~ ''' t'" ~ '""='" I~ ii.!, '!\> i 1'./ <"'V A~i iJ C 3. 8 ZOO:: 4.:. KJ. Ji.. A \:.......J;. I.... MILLER & ASSOCIATES Attorneys at Law 415 Mountain Drive, Suite 3 Destin, Florida 32541- 2349 J. Jerome Miller Telephone: ( 850) 837- 3860. Facsimile: ( 850) 837- 6158 Jason R. Hull E- Mail: miJIer(l!destinlawfirm. com Teresa N. Phillips MEMORANDUM TO: Len Mitchell, Planning Manager City of Fort Walton Beach FROM: City Attome~ DATE: December 16, 2002 RE: Ordinance 1534- Small scale comprehensive plan amendment 11 Wedgewood Lane, NE Pursuant to your request, we have reviewed the above referenced ordinance and schedule of As you requested, we reviewed Section 163. 3187, Florida Statutes ( 2002) and events. for challenges to the determined there was no change in the amount of time permitted amendment. for transmittal". We found no separate The title of the ordinance on line 00010 states " providing section of the ordinance providing for transmittal which has changed from prior procedure and formatting. Please consider deleting this reference. For the purpose of consistency with all City ordinances, please add a Severability section, is: between Sections IV and V. Our standard severability section SEVERABILITY. this Ordinance are severabie. In any The sections, paragraphs, sentences, clauses and phrases of of this ordinance shall be declared invalid, phrase, clause, sentence, paragraph or section decree of the court of competent unconstitutional or unenforceable by the valid judgment or or unenforceability shall not affect any of the jurisdiction, such invalidity, unconstitutionality clauses, sentences, and sections of this ordinance. paragraphs remaining phrases, of the severability section. Of course, the title should be revised to reflect the addition Should you have any questions, please so advise. voll \files\ municipal\fwb\ memos2\ 002\ mitchellordI534, 121602, doc jmil er\  o o VEl-Sf 0 ~