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

Ordinance 1534 EV' EwEP 1 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; 8'1 MfJ& 4 PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PLAN 5 AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE 11 6 RELATING TO RECENTLY ANNEXED PROPERTY LOCATED AT WEDGEWOOD LANE NE, TO DESIGNATE THE PROPERTY LDR ( LOW 7 8 DENSITY RESIDENTIAL); PROVIDING FOR INTERNAL CONSISTENCY; 9 AND PROVIDING FOR AN EFFECTIVE DATE. 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 12 NOW, THEREFORE, 13 OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: 14 15 SECTION I. AUTHORITY. The authority for enactment of this 16 Ordinance is Section 2 of the city Charter; Section 163. 3187, 17 and Section 163. 3184, Florida Statutes. 18 of 19 SECTION II. FINDINGS OF FACT. The City Council of the City 20 Fort Walton Beach finds the following: 21 22 A. That an application for voluntary annexation was received by and Emma H. 23 the City on 3, September 2002, from Jeffrey J. Section III., and 24 Rashinsky, owners of the property described in Walton Beach by 25 the property was annexed to the City of Fort and, 26 Ordinance 1521, adopted by Council on November 12, 2002; 27 set forth herein 28 B. That the comprehensive plan amendment as land of ten ( 10) acres or fewer, at a 29 involves a residential use 30 of 10 units or less per acre; and, density 31 acreage annual for effect all of the 32 C. That the cumulative City herein 33 small scale development amendments adopted by the hundred- 120) acres annually; and, 34 does not exceed one twenty ( 35 amendment as set forth herein 36 D. That the comprehensive plan 37 does not involve property for which a comprehensive plan 12 months; and, 38 amendment has been granted within the last 39 amendment as set forth herein 40 E. That the comprehensive plan 200 feet of 41 does not involve the same owner' s property within within the prior twelve ( 12) months; 42 property granted a change 43 and, 44 involve a 45 G. That the comprehensive plan amendment does not and objectives of the 46 text change to the goals, policies, a land use change to the 47 comprehensive plan, but only proposes DRAFT 12- 3- 02 Page 1 of3  o o 48 future land use map for a site- specific small scale development 49 activity; and, 50 located within an area of 51 H. That the subject property is not 52 cri tical state concern; and, 53 has been conducted by the Local 54 I. That a public hearing 55 February 7, 2002, with its recommendations Planning Agency on notice pursuant to 56 reported to City Council, after due public 57 Section 163. 3184( 15) ( c), F. S.; and, 58 Council 59 J. That a public hearing has been conducted by the City 15) ( public notice pursuant to Section 163. 3184 ( c), 60 after due 61 F. S. 62 63 SECTION III. AMENDMENT OF FUTURE LAND USE ELEMENT. Directions, 2008, Beach: 64 The Comprehensive Plan of the City of Fort Walton 65 adopted by Ordinance 1401 of the City of Fort Walton Beach, on 2000 is hereby amended as follows: 66 August 22, 67 68 69 A. Map FLUM- 3, Fort Walton Beach ( North) That 70 Future Land Use Map, dated December 1998 and prepared of 71 by the Community Development Services Department 72 the Future Land Use Element is provide amended to 73 the Future Land Use designation Density of LDR, ( Low 74 Residential) on the following described property; 75 76 Lot 7, Block C, Country Club Estates Subdivision, 77 according the plat thereof, as recorded in Plat to 78 Book 3, Page 41 of the Public Records of Okaloosa 79 County, Florida. A copy of FLUM- 3 as amended is 80 attached hereto as Exhibit " A". 81 82 SECTION IV. INTERNAL CONSISTENCY. The comprehensive plan 83 amendment as set forth herein preserves the internal consistency 84 of the City' s comprehensive plan as adopted. 85 EFFECTIVE DATE. The effective date of this 86 SECTION V. amendment shall be 31 days after 87 small scale development plan 88 adoption, unless the amendment challenged pursuant to Section is 89 163. 3187( 3), F. S. If challenged, the effective date of this 90 amendment shall be the date a final order is issued by the 91 of Community Affairs, or the Administration Department 92 Commission, finding the amendment in compliance in accordance 93 with Section 163. 3184, Florida Statutes. No development orders, DRAFT 12- 3- 02 Page 2 of3  o o land uses dependent on this amendment 94 development permits, or issued before it has become effective. 95 may be or commence 96 is issued by the 97 If a final order of noncompliance amendment nevertheless be 98 Administra~ion Commissiop, this may of resolution affirming its 99 made effective by the adoption a status, of which shall be sent to the 100 effective a copy of Affairs, 2555 Shumard Oak Boulevard, 101 Department Community 102 Tallahassee, Florida 32399- 2100. 103 104 105 ADOPTED: 106 107 MAYOR: 108 ATTEST: 109 110 111 CITY CLERK 112 The legal sufficiency form and 113 of the foregoing has been 114 reviewed and approved by the 115 City Attorney. 116 117 118 J. Jerome Miller, city Attorney 119 120 DRAFT 12- 3- 02 Page 3 of3  o o EXHIBIT " A" FUTURE LAND USE 11 Wedgewood Lane NE City of Fort Walton Beach Community Development 0::: Services C