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

SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE 10 DATE. 11 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCJL OF THE CITY OF 14 FORT WALTON BEACH, FLORIDA, AS FOLLOWS: 15 16 SECTION L AUTHORITY. The authority for enactment of this Ordinance is Section 2 of the and Section 163.3184, Florida Statutes. 17 City Charter; Section 163.3187, 18 19 SECTION n.FINDINGS OF FACT. The City Council ofthe City of Fort Walton Beach fmds 20 the following: 21 22 A. That an application for voluntary annexation was received by the City on September in 23 3, 2002, !Tom JeflTey J. and Emma H. Rashinsky, owners of the property described 24 Section Ill.,and the property was annexed to the City of Fort Walton Beach by 25 Ordinance 1521, adopted by Council on November 12, 2002; and, 26 27 B. That the comprehensive plan amendment as set forth herein involves a residential 28 land use often ( 10) acres or fewer, at a density of 10 units or less per acre; and, 29 30 C. That the cumulative annual effect of the acreage for all small scale development 31 amendments adopted by the City herein does not exceed one hundred- twenty ( 120) acres 32 annually; and, 33 34 D. That the comprehensive plan amendment as set forth herein does not involve within the last 12 35 property for which a comprehensive plan amendment has been granted 36 months; and, 37 38 E. That the comprehensive plan amendment as set forth herein does not involve the 39 same owner's property within 200 feet of property granted a change within the prior twelve 40 ( 12) months; and, 41 42 F. That the comprehensive plan amendment does not involve a text change to the goals, policies, and objectives of the comprehensive plan, but only proposes a land use change to 43 44 the future land use map for a site- specific small scale development activity; and, 45 46 G. That the subject property is not located within an area of critical state concern; and,  o o 47 the Local Planning Agency on February 48 H. That a public hearing has been conducted by notice to City CounciL after due public 49 7, 2002, with its recommendations reported to Section 163.3184( 15)( c), F. S.; and, 50 pursuant 51 notice the City Council after due public 52 L That a public hearing has been conducted by to Section 163.3184( 15) ( c), F. S. 53 pursuant 54 The LAND USE ELEMENT. Directions, 55 SECTION ID. AMENDMENT OF FUTURE Ordinance 1401 of the Fort Walton Beach: 2008, adopted by 56 Comprehensive Plan of the City of 22, 2000 is hereby amended as follows: 57 City of Fort Walton Beach, on August 58 Future Lapd Use Map, dated December 59 A. That Map FLUM- 3, Fort Walton Beach (North) Services of the Future Department 60 1998 and prepared by the Community Development the Future Land Use designation ofLD~ (Low 61 Land Use Element is amended to provide described property; 62 Density Residential) on the following 63 Lot 7, Block C, Country Club Estates Subdivision, according to the plat thereot: as 64 Records ofOkaloosa County, Florida. 65 recorded in Plat Book 3, Page 41 of the Public hereto as Exhibit " A". 66 A copy ofFLUM-3 as amended is attached 67 forth The comprehensive plan amendment as set 68 SECTION IV. INTERNAL CONSISTENCY. 69 herein preserves the internal consistency of the City' comprehensive s plan as adopted. 70 of sentences, clauses and phrases 71 SECTION V. SEVERABJLITY. The sections, paragraphs, section of this clause, sentence, paragraph or 72 this Ordinance are severable. If any phrase, or unenforceable by the valid judgment or 73 Ordinance shall be declared invalid, unconstitutional such invalidity, unconstitutionality or 74 decree of the court of competent jurisdiction, clauses, sentences, paragraphs or 75 unenforceability shall not affect any of the remaining phrases, 76 sections of this Ordinance. 77 date of this small scale development plan 78 SECTION VI.EFFECTIVE DATE. The effective to the amendment is challenged pursuant 79 amendment shall be 31 days after adoption, unless 3), F. S. If challenged, the effective date of this amendment shall be the date a 80 Section 163.3187( of Community Affairs, or the Administration 81 final order is issued by the Department 163.3184, in accordance with Section 82 Commission, finding the amendment in compliance this or land uses dependent on 83 Florida Statutes. No development orders, development permits, it has become effective. 84 amendment may be issued or commence before 85 amendment the Administration Commission, this 86 If a final order of noncompliance is issued by its effective status, 87 nevertheless be made effective by the adoption of a resolution affmning may Oak of Community Affairs, 2555 Shumard 88 a copy of which shall be sent to the Department 89 Boulevard, Tallahassee, Florida 32399- 2100. 90 91 ADOPTED: 92 DRAFT 12- 18-02 Page 2 of3  o o 93 MAYOR: 94 95 96 97 98 99 ATTEST: 100 101 102 CITY CLERK The form and legal sufficiency of the foregoing 103 the City has been reviewed and approved by 104 105 Attorney. 106 107 108 1. Jerome Miller, City Attorney 109 no III DRAFT 12- 18-02 Page 3 of3  o o EXHIBIT " A" FUTURE LAND USE 11 Wedgewood Lane NE City of Fort Walton Beach c::: Community Development Ci Services CD C o o o 100 200 300 400 5 Feet Scale w~ S Prepared by the City of Fort Walton Beach Engineering Division Lea end FLU-CODE o COUNTY CONSERVATION EDUCATIONAL GENERAL COMMERCIAL l'f(.~~~ HIGHWAY COMMERCAL INDUSTRIAL PARK Eh-iBSQj D LOW DENSI1Y RES. 1& 1 UGHTINDUSTIUAL MEDIUM DENSITY RES. MIXED USE COMMUNITY COMM. III MIXED USE MAIN STREET o MIXED USE WATERFRONT 12 DU J MIXED USE WATERFRONT 18 DU MIXED USE WATERFRONT 24 DU PRIVATE &. SEMI- PRIVATE CLUB PUBLIC LAND REGIONAL COMMERCIAL