Fort Walton Beach Council agenda — 11-12-02 regular Council agenda — reading text

of Beginning bearing of South 89 degrees 28 minutes the northwest corner of lot 7, Block C. of the land to be described. said point also being recor-ded., J,n-,P!at, 3-.Page 4- hofth- e, P-ubllc-Recordsof-..- -, - .. Country Club- Estates Subdlvisionras,- Book.., 89 degrees 28 minutes East, along the north Okaloosa County, Florida; thence continue South the northeast corner of said lot 7; thence South line of said lot 7, a distance of 133. 00 feet to of said lot 7. a distance of 150. 00 feet to the 00 degrees 32 minutes West, along the east line 28 minutes West, along the south line southeast comer of said lot 7; thence North 89 degrees of- way line of Wedgewood Lane ( 66' right- of- of said Lot 7, said line also being the north ,right- North 00 degrees way), a distance of 133. 00 feet to the southwest corner of said lot 7; thence 7, a distance of 150. 00 feet to the Point of 32 minutes East, along the west line of said Lot feet, more or less. Basis of Bearing - South 89 Beginning. Said tract containing 19,950 square Club Estates Subdivision. degrees 28 minutes East along the north line of Block IIC. Country Prepared By: L~~ Nancy E,(McDonald Chief Engineering Technlcjan City of Fort Walton Beach October 4, 2002  c CITY COUNCIL MEETING November 11, 2002 Second Reading of Ordinance 1509, Comprehensive Plan Amendment c Agenda Item No.- PRI0  o o CllY OF FORT WALTON BEACH MEMORANDUM DATE: October 25, 2002 TO: Reid Silverboard, City Manager ~ S THRU: Missy McKim, AICP, CDS Directo~ FROM: Len Mitchell, Planning Manager t$ YV' RE: Ordinance 1509- Amendments to Directions: The Comprehensive Plan CP02- 1) of the CityofForl Walton Beach: 2008. (MPB Case# BACKGROUND: On August 13, 2002, the City Council held a public hearing on the adoption phase for proposed amendments to Directions: The Comprehensive Plan of the Citv of Fort Walton Beach: 2008. contained in proposed Ordinance 1509. The City Council approved a version of Ordinance 1509 that: 1) Did not approve a Future Land Use Map ( FLUM) amendment for property located at 225 First Street SE from Low Density Residential to Medium Density Residential; and, 2) Amended the text of the Light Industrial Future Land Use designation to provide that communications towers, to accommodate radio, television and other communications antennae and equipment may be allowed as a conditional use in the M- 1 Zoning District and further to provide that conditions and standards for communications towers shall be developed by January 31, 2003, for the M- 1 District. Staff transmitted the proposed amendment contained within Ordinance 1509 and attached Exhibit " A" to the Department of Community Affairs ( DCA) for review and comment pursuant to Section 163.3184, F. S. On September 24, 2002, the Department of Community Affairs transmitted a letter to the City in which it stated that the Department had determined that the proposed plan amendment need not be formally reviewed and that it had not received any recommendation for review from the West Florida Regional Planning Councilor any  o o affected person. Therefore, DCA stated that it would not review the proposed amendment and would waive the Objections, Recommendations and Comments ORC) Report. The Department advised that the City may proceed to immediately adopt the amendment. Ordinance 1509 w/Exhibit "A" has been placed in the Office of the City Clerk and the City Library for public accessibility to the proposed amendment. Staff advertised Ordinance 1509 in the Northwest Florida Daily News for City Council consideration at the Adoption Phase Public Hearing at their regular meeting on Tuesday, November 12, 2002. Copies of the legal notice will also be posted seven ( 7) days before the public hearing and the media will be so notified. The City Council may take any of the following actions on Ordinance 1509: A) Adopt Ordinance 1509 w/Exhibit " P\'on second reading, the plan amendments agreed to my City Council at the transmittal phase public hearing on August 13, 2002; B) Approve any other combination of amendments that it may elect to make; or r' C) Approve no changes to the Comprehensive Plan. DISCUSSION: Since there was no review by DCA, and no request for review by the Regional Planning Councilor any affected person, there was no formal report issued in the form of an Objections, Recommendations and Comments Report. The Department of Community Affairs did recommend that the following language be included regarding the effective date of the adopted amendment: liThe effective date of this plan amendment shall be: The date a final order is issued by the Florida Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, Florida Statutes; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163. 3184, F. S." The City Attomey' s Office recommended additional language be added to Section VII. Effective Date as follows: 2  c o The effective date of this plan amendment shall be the first date either of the following events occur: the date a final order is issued by the Florida Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, Florida Statutes, or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F. S." DCA also advised in its September 24, 2002 letter: the Department' s notice of intent to find a plan amendment in compliance shall be deemed to be a final order if no timely petition challenging the amendment is filed. Any affected person may file a petition with the agency within 21 days after the publication notice pursuant to Chapter 163. 3184( 9), F. S. The Legislature amended 163. 3184( 8)( b), F. S., to require DCA to provide a courtesy information statement regarding the Department' s Notice of Intent to citizens who furnish their names and addresses at the City' s plan amendment transmittal or adoption public hearings. The City is required by law to furnish c DCA with the names and addresses of the citizens requesting this information. Forms for that purpose were developed by CDS and are attached for use by the City Clerk' s Office. RECOMMENDATION: The Municipal Planning Board acting as the Local Planning Agency recommended deleting lines 210 that City Council approve Ordinance 1509 ( and " Exhibit 1('), through 237, Section III, AdoDtion of a Text Amendment to the Future Land Use Element of Directions- The ComDrehensive Plan of the Citv of Fort Walton Beach: 200Bn. Initiated bv Pendina Private Amendment ADDlications. Enclosures: Ordinance 1509 wI Exhibit "A" DCA Letter 9- 24-02 Citizen Courtesy Information List 3  o o 1 ORDINANCE 1509 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, 4 AMENDING DIRECTIONS- THE COMPREHENSIVE PLAN OF THE CITY OF 5 FORT WALTON BEACH: 2008, PURSUANT TO FLORIDA STATUTES, 6 CHAPTER 163; PROVIDING FOR AUTHORITY; AMENDING THE FUTURE 7 LAND USE MAP BY PROVIDING FOR A CHANGE IN DESIGNATION FROM 8 OKALOOSA COUNTY URBAN MIXED USE ( UMU) TO CITY MEDIUM 9 DENSITY RESIDENTIAL ( MDR) FOR PROPERTY LOCATED AT 518-520 10 PARK VIEW ROAD NW; AMENDING THE FUTURE LAND USE MAP BY 11 PROVIDING FOR A CHANGE IN DESIGNATION FROM MIXED USE 12 COMMUNITY COMMERCIAL ( MUCC) TO LOW DENSITY RESIDENTIAL 13 LDR) FOR PROPERTY LOCATED AT 32 NEBRASKA AVENUE NE; 14 AMENDING THE FUTURE LAND USE MAP BY PROVIDING FOR A CHANGE 15 IN DESIGNATION FROM LOW DENSITY RESIDENTIAL ( LDR) TO MEDIUM 16 DENSITY RESIDENTIAL ( MDR) FOR PROPERTY LOCATED AT 5 MOONEY 17 ROAD NE; AMENDING THE FUTURE LAND USE MAP BY PROVIDING FOR 18 A CHANGE IN DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL 19 MDR) TO PUBLIC LANDS ( PL) FOR PROPERTY LOCATED AT 248 20 HOLLYWOOD BLVD SE; AMENDING THE FUTURE LAND USE MAP BY 21 PROVIDING FOR A CHANGE IN DESIGNATION FROM PUBLIC LANDS ( PL) 22 TO MEDIUM DENSITY RESIDENTIAL ( MDR) FOR PROPERTY LOCATED AT 23 108- 110 JONQUIL AVENUE NW AND 503 SULLIVAN STREET NW; 24 AMENDING THE FUTURE LAND USE MAP BY PROVIDING FOR A CHANGE 025 26 IN DESIGNATION FROM HIGHWAY COMMERCIAL ( HC) TO MEDIUM DENSITY RESIDENTIAL ( MDR) FOR PROPERTY LOCATED AT 201- 211 27 HONEYTREE LANE SW AND 351-359 HONEY COVE COURT SW; 28 AMENDING THE TEXT OF THE FUTURE LAND USE DESIGNATION LIGHT 29 INDUSTRIAL TO PROVIDE THAT COMMUNICATIONS TOWERS, TO 30 ACCOMMODATE RADIO, TELEVISION AND OTHER COMMUNICATIONS 31 ANTENNAE AND EQUIPMENT MAY BE ALLOWED AS A CONDITIONAL USE 32 IN THE M- 1 ZONING DISTRICT AND FURTHER TO PROVIDE THAT 33 CONDITIONS AND STANDARDS FOR COMMUNICATIONS TOWERS SHALL 34 BE DEVELOPED BY JANUARY 31, 2003 FOR THE M- 1 DISTRICT; 35 AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT TO INCLUDE 36 PLANS FOR NEIGHBORHOOD ACTION DEVELOPED BY THE SEABREEZE, 37 FERRY PARK, KENWOOD, ELLlOTTS POINT AND COMBS- NEW HEIGHTS 38 NEIGHBORHOODS; AMENDING THE TEXT OF THE FUTURE LAND USE 39 ELEMENT RELATED TO THE MIXED USE MAIN STREET ( MUMS) LAND USE 40 DESIGNATION TO PROVIDE PERFORMANCE BONUSES FOR 41 RESIDENTIAL DENSITY UP TO A MAXIMUM OF 15 DWELLING UNITS PER 42 ACRE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR 43 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 44 45 WHEREAS, the LocalGovernment Comprehensive Planning and Land 46 Development Regulation Act (