Fort Walton Beach Ordinance — 1938--125 Lovejoy Road--MBI — reading text

READING :,- : lst 3 ' 2nd 3 ORDINANCE 1938 j AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AMENDING THE CITY' S COMPREHENSIVE PLAN TO AMEND THE FUTURE LAND USE MAP FOR PROPERTY DESCRIBED AS 125 LOVEJOY ROAD NORTHWEST, MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, TO MIXED BUSINESS AND INDUSTRY ( MBn; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONSISTENCY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: SECTION 1. AUTHORITY. The authority for enactment of this ordinance is Section 163. 3187 of the Florida Statutes, Section 163. 3184 of the Florida Statutes, and Section 2 of the City Charter. SECTION 2. FINDINGS OF FACT. The City Council of the City of Fort Walton Beach finds the following: A. That the proposed amendment involves the 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. G. A public hearing has been conducted by the Local Planning Agency, after due public notice, pursuant to Section 163. 3184 ( 11) of the 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 ( 11) of the Florida Statutes. Inst.# 30b'2258 Bk: 3245 Pg: 2277 Page 1 of 3 Recorded: 4/ 27/2016 1020 AM RECORDING ARTICLE V:$ 12.00 RECORDING:$ 15. 00 DEPUTY CLERK CCLARK JD PEACOCK II CLERK OF COURTS. OKALOOSA COUNTY, FLORIDA i SECTION 3. AMENDMENT OF FUTURE LAND USE ELEMENT. The City's Comprehensive Plan 2011- 2021, adopted by ordinance on February 8, 2011, by the City of Fort Walton Beach, is hereby amended as follows: The 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 Mixed Business and Industry ( MBI): Parcel ID: 09- 25- 24- 244B- 0001- 0060 Property described as: LOT 6, BLOCK l, FIRST ADDITION TO SYLVANIA HEIGHTS SUBDIVISION AS DESCRIBED 1N PLAT BOOK 2, PAGE 105 OF THE OFFICIAL RECORDS IN AND FOR OKALOOSA COUNTY, FLORIDA. FURTHER WITH THAT PORTION OF LOVEJOY ROAD ADJACENT TO AND SOUTH OF LOT 6, BLOCK 1, FIRST ADDITION TO SYLVANIA HEIGHTS AS VACATED BY THE BOARD OF COUNTY COMMISIONERS, OKALOOSA COUNTY BY RESOLUTION DATED MARCH 23, 1965, AND RECORDED IN RESOLUTION BOOK 6A, PAGE 274, PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA. SECTION 4. INTERNAL CONSISTENCY. The comprehensive plan amendment as set forth herein preserves the internal consistency of the City' s comprehensive plan as adopted. SECTION 5. SEVERABILITY. In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are declared severable. SECTION 6. 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( 5) of the Florida Statutes. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Economic Opportunity, or the Administration Commission, finding the amendment in compliance in accordance with Section 163. 3184 of the 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 Economic Opporh.uiity, Division of Community Planning. Further, the effective date of this amendment shall be contingent upon approval of Ordinance No. 1935. f Adopted: r. ? a- 0 1( o Mike Anderson, Mayor Approved for form, leg ' icienc Attest: Hayw ykes, Jr. Att y Kim arnes, City Clerk q- ard^ 4`, ` t/'` :' - c:..,, , i' L; w `! e.;` ; a: c ! :* . s ," 3, s , ,. r=:`'=-- tt,----: s p'';- ` -- 1' L r_ _ - I