Fort Walton Beach Ordinance — 1728 Rezone 739 Lovejoy — reading text

READING DATE 1st 2nd ORDINANCE 1728 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA AMENDING THE CITY'S COMPREHENSIVE PLAN RELATING TO PROPERTY LOCATED AT 739 LOVEJOY ROAD NW; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR AMENDMENT OF THE FUTURE LAND USE MAP FOR THE PROPERTY FROM MDR, MEDIUM DENSITY RESIDENTIAL TO MUCC, MIXED USE COMMUNITY COMMERCIAL; PROVIDING FOR INTERNAL CONSISTENCY; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION I. AUTHORITY. The authority for enactment of this ordinance is Section 163. 3187, Florida Statutes, Section 163. 3184, Florida Statutes, and Section 2 of the City Charter. SECTION II. 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 involves land use categories other than residential use of ten ( 10) acres or less. B. That the cumulative effect of the comprehensive plan amendment as set forth herein does not exceed one hundred- twenty ( 120) acres annually. C. 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. D. 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. E. 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. F. The property that is the subject of the proposed amendment is not located within an area of critical state concern.  Ord. 1728 G. A public hearing has been conducted by the Local Planning Agency, after due public notice, pursuant to Section 163. 3184 ( 15) ( c), Florida Statues, with its recommendations reported to the City Council. H. A public hearing has been conducted by the City Council, after due public notice pursuant to Section 163. 3184 ( 15) ( c), Florida Statutes. SECTION III. AMENDMENT OF FUTURE LAND USE ELEMENT. The City' s Comprehensive Plan " Directions, The Comprehensive Plan of the City of Fort Walton Beach: 2008", adopted by Ordinance 1401 on August 22, 2000, by the City of Fort Walton Beach, is hereby amended as follows: A. That 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 changed from MDR, Medium Density Residential to MUCC, Mixed Use Community Commercial. Legal Description. Lot 23, Block 2, Wildwood Subdivision, according to the plat thereof recorded in Plat Book 3, Page 47 of the Public Records of Okaloosa County, Florida. A copy of the FLUM Map as amended is attached hereto as Exhibit "A". SECTION IV. INTERNAL CONSISTENCY. The comprehensive plan amendment preserves the internal consistency of the City' s comprehensive plan as set forth herein as adopted. SECTION V. TRANSMITTAL. The City Clerk is hereby instructed to transmit a copy of this Ordinance and all applicable documents immediately upon adoption to all agencies as provided by Chapter 163, Florida Statutes. SECTION VI. EFFECTIVE DATE. The effective date of this small scale plan amendment shall be 31 days after adoption, unless the amendment is challenged pursuant to Section 163. 3187( 3). F. S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance in accordance with Section 163. 3184, Florida Statutes. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by the adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Division of Resource Planning and Management 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399- 2100. 2