Fort Walton Beach Council agenda — 09-23-03 regular Council agenda — reading text

and recommended that that the request was consistent with the Comprehensive Plan MPB the City Council approve Ordinance 1566. There was no public input at the meeting. DISCUSSION: Staff has prepared the enclosed Staff Report, which includes general background of information, a project description and a chronology of the zoning and development law, the request site. The Staff Report also includes a determination of applicable determination of consistency of the request with the Comprehensive Plan and appropriateness of the request,including suggested findings for the MPB regarding the 13 criteria enumerated. Use Ordinance 1566, if adopted would rezone the 0. 34 acre site to the MUCC- 1 ( Mixed of the City, Community Commercial- 1) District and amend the Official Zoning Map accordingly. Plan Staff also recommended that the MPB direct staff to amend the Comprehensive Amendment MPB Case# 03-20- CP03- 1, a Future Land Use Map amendment heard by that change the Local Planning Agency on June 19 and August 7, 2003. The reason for Use is to omit the legal description of the request site from the proposed Future Land leave the request consistent with the Map change to GC, General Commercial and present MUCC Future Land Use Map designation. RECOMMENDATION: The Municipal Planning Board recommended approval of Ordinance 1566. Land The Board reGQmmended that the legal description for the proposed Future alse;> CP03- 1 Use Map amendment to the Comprehensive Plan included in MPB Case# 2Q- 03- be amended to delete the request property before City Council considers adoption in November 2003. Enclosures: Location Map Ordinance 1566 Memorandum to MPB 8- 25-03 w/attachments 1 ORDINANCE 1566 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 4 FLORIDA, RELATING TO THE REZONING OF CERTAIN PROPERTY 5 WITHIN THE CITY OF FORT WALTON BEACH LOCATED AT 6 6 TUPELO AVENUE SE; PROVIDING FOR AUTHORITY; PROVIDING 7 FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE 8 REZONED FROM C- 1 ( LIMITED COMMERCIAL) DISTRICT TO 9 MUCC- 1 ( MIXED USE COMMUNITYCOMMERCIAL-1) DISTRICT; 10 PROVIDING FORA ZONING MAP AMENDMENT; PROVIDING FOR 11 CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; 12 AND PROVIDING FOR AN EFFECTIVE DATE. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT 15 WALTON BEACHJ FLORIDA, AS FOLLOWS: 16 17 SECTION 1. AUTHORITY. The authority for enactment of this ordinance is Section 2, of 18 the City Charter, and Section 166. 021( 1), Florida Statutes. 19 20 SECTION 2.FINblNGS OF FACT. The City Council of the City of Fort Walton Beach 21 finds the following: 22 23 A. WHEREAS, an application for rezoning was received by the Department of 24 Community Development Services of the City of Fort Walton Beach by Ronnie and 25 Marsha Yates, the fee simple title holders of the subject property; and, 26 27 B. WHEREAS public hearing was held before : the Muni~ipal Planning Board on a 28 September 4, 2003, and the Municipal Planning Board has recommended the request be 29 approved; and, 30 31 C. WHEREAS, the City Council has conducted two public hearings after giving due 32 public notice pursuant to Section 166. 041, Florida Statutes; and, 33' 34 D. WHEREAS, the property, located at 6 Tupelo Avenue SE , comprises 0. 34 acres more 35 or less, and is legally described as in Section 3 of this Ordinance; and, 36 37 E. WHEREAS, the rezoning is consistent with the present Comprehensive Plan, 38 adopted August 22, 2000, by Ordinance 1401. 39 40 SECTION 3. PROPERTY REZONED. The property legally described as Lots 16 and 17, 41 Block 3, Brooks Addition to Fort Walton Subdivision, as recorded in Plat Book 1, Page 99, of 42 the Public Records of Okaloosa County, Florida, is hereby rezoned MUCC- 1 ( Mixed Use 43 Community Commercial-1) District. 44 45 SECTION 4. ZONING MAP AMENDMENT. The Official Zoning Map of the City of Fort 46 Walton Beach, as described in the Land Development Code, Article III. ZONING, DIVISION 47 3. ZONING DISTRICTS ESTABLISHED; ZONING MAP, Section 20-382, is hereby amended 48 to include a change of classification from C- 1 ( Limited Commercial) District to MUCC-1 49 ( Mixed Use Community Commercial- 1) District for the specific parcel which is legally 50 described in Section 3. of this Ordinance. 51 Draft 7- 30- 03 Page 1 of2 52 SECTION 5. CONFLICTING PROVISIONS. Special Acts of the Florida Legislature 53 applicable to the incorporated area of the City of Fort Walton Beach, City Ordinances and 54 City Resolutions, or parts, thereof, in conflict with the provisions of this ordinance are 55 hereby superceded by this ordinance to the extent of such conflict. 56 57 SECTION 6. SEVERABILITY. If any section, phrase, sentence, or portion of this Ordinance 58 is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such 59 portion shall be deemed a separate, distinct, and independent ptovision, and such holding 60 shall not affect the validity of the remaining portions thereof. 61 62 SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective upon approval by 63 the City Council and signature of the Mayor. 64 65 66 ADOPTED: 67 68 MAYOR: 69 70 71 ATTEST: 72 73 74 Helen Spencer, City Clerk 75 76 Approved as to legal sufficiency and form. 77 78 79 80 City Attorney 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 Draft 7- 30- 03 Page 2 of2  CITY OF FORT WALTON BEACH MEMORANDUM Date: August 25, 2003 To: Chairman and Members Municipal Planning Board Thru: Missy Me Kim, CDS Directo~ From: Len Mitchell, Planning Manager ~ Subject: Consideration of Ordinance 1566. Request to Rezone 6 Tupelo Avenue SE from C- 1 ( Limited Commercial) District to MUCC- 1 Mixed Use Community Commercial) District. Requested by Don W. David, Jr., Agent for Ron and Marsha Yates, owners. MPB Case# 03- 32- RZ) THE REQUEST: The Department of Community Development Services ( CDS) has received a request from Don W. David, Jr., Agent for the owners Ron and Marsha Yates, to rezone from C- 1 ( Limited Commercial) District to MUCC- 1 ( Mlxed Use Community Commercial- 1) District. The subject parcel is 0.34 acres in area and is located 100 feet south of the intersection of Hollywood Boulevard and Tupelo Avenue SE ( 6 Tupelo Avenue SE). BACKGROUND: The applicants are seeking to develop the request site along with other contiguous property to the south of the request. All properties except the two lots that are the subject of the request are zoned MUCC- 1 District. The Future Land Use Map ( FLUM) designations of prpperty along the south side of Hollywood Boulevard and the west side of Tupelo Avenue were changed to MUCC ( Mixed Use Community Commercial) in November 2000. The City rezoned the property along Tupelo Avenue to the MUCC- 1 District in April of 2002 to make those properties consistent with the FLUM. The City initiated another area-wide rezoning to MUCC- 2 for properties in the Hollywood- Beal Corridor but several property owners in that area objected and the ordinance was not approved. The result was that four (4) of the applicants' lots were zoned MUCC- 1 and two 2) lots, the subject of this request, were left zoned C- 1. That meant the property could be developed for limited commercial development but no multiple family development would be permitted. The applicants desire to acquire the same zoning as the adjacent lots so that they may develop a multiple family development( s). The process of amending the Official Zoning Map of the City requires the adoption of an ordinance after two (2) readings before the City Council. An advertised public hearing must be held 10 days prior to adoption. The Municipal Planning Board ( MPB) is empowered by Council to revieW, hear, consider and make recommendations to the City Council on applications for development permits to approve, approve with conditions, or deny amendments to the Official Zoning Map of the City. There are no requirements for posting with notices, legal advertisements or public notices prior to consideration by the MPB. DISCUSSION: Staff has prepared the enclosed Staff Report, which includes general background information, a project description and a chronology of the zoning of the request site. The Staff Report also includes a determination of applicable law, consistency of the request with the Comprehensive Plan and determination of appropriateness of the request, including suggested findings for the MPB regarding the 13 criteria enumerated. Ordinance 1566, if adopted would rezone the 0. 34 acre site to the MUCC- 1 District and amend the Official Zoning Map of the City, accordingly. Staff is also recommending a change in Comprehensive Plan Amendment MPB Case# 03-20-CP03-1, a FutLire Land Use Map amendment heard by the Local Planning Agency on 19 and August 7, 2003. the reason for that change is JunE;) to omit the request site from the proposed Future Land Use Map change to GC, General Commercial and leave the request consistent with the present MUCC Future Land Use Map designation. RECOMMENDATION: Staff recommends that the Municipal Planning Board find the request consistent with the Comprehensiv~ Plan and forward a recommendation for approval of Ordinance 1566. Enclosures: Ordinance 1566, draft 7- 30- 03 Staff Report 8- 19- 03 wI exhibits attached  CITY OF FORT WALTON BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES PLANNING DIVISION STAFF REPORT SUBJECT: RON AND MARSHA YATES ( Don ~ David, Jr.,Agent) Application for Rezoning from C- 1 ( Limited Commercial) District to MUCC- 1 ( Mixed Use Community Commercial) District. DATE SUBMITTED: August19, 2003 PREPARED BY: Len Mitchell, Planning Manager REPORT DATE REVISION DATE Au st 19, 2003 Se tember