Fort Walton Beach Ordinance — 2095--FLUM--201 Lovejoy Rd NW — reading text

ORDINANCE 2095 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT M- W4 WALTON BEACH, FLORIDA, AMENDING THE CITY' S COMPREHENSIVE PLAN TO AMEND THE FUTURE LAND USE MAP FOR 201 LOVEJOY ROAD NW TO COMMERCIAL ( COM); PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONSISTENCY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on January 18, 2022, the Growth Management Department received an application for voluntary annexation and a request to amend the Comprehensive Plan' s Future Land Use Map ( FLUM) for property located at 201 Lovejoy Road NW into the City limits of Fort Walton Beach, Florida; WHEREAS, 201 Lovejoy Road NW, if annexed, must be assigned a future land use and zoning designation based on current City of Fort Walton Beach future land use and zoning designations: WHEREAS, Sections 163. 3184 ( 3) & ( 5) of the Florida Statutes designates the process for adoption of comprehensive plan amendments following the Small -Scale Amendment Process; and WHEREAS, City Staff has conducted an analysis of 201 Lovejoy Road NW consistent with Sections 163. 3184 ( 3) & ( 5) of the Florida Statutes and recommends that the proposed FLUM designation for the property be designated Commercial ( COM). NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: SECTION 1. AUTHORITY. The authority for enactment of this ordinance is Section 163. 3187 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 comprehensive plan amendment as set forth herein does not involve property for which a comprehensive plan amendment has been granted within the last year. B. 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. C. 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. D. The property that is the subject of the proposed amendment is not located within an area of critical state concern.  E. A public hearing has been conducted by the Local Planning Agency on February 3, 2022, after due public notice, pursuant to Section 163. 3187 of the Florida Statues, with its recommendations reported to the City Council. F. A public hearing has been conducted by the City Council, after due public notice pursuant to Section 163. 3184 ( 11) of the Florida Statutes. SECTION 3. AMENDMENT OF FUTURE LAND USE ELEMENT. The City's Comprehensive Plan 2019-2029, adopted by ordinance on May 21, 2019, 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 Commercial ( COM): Parcel ID No.: 09 -2S -24- 244A- 0001- 0010 Property Address: 201 Lovejoy Road NW Property described as: LOT 1 AND 2, BLOCK 1, SYLVANIA HEIGHTS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 48, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA. TOGETHER WITH THE NORTH 1/ 2 OF THE THAT PORTION OF THE VACATED RIGHT OF WAY OF LOVEJOY ROAD LYING SOUTH OF AND ADJACENT TO LOTS 1 AND 2, BLOCK 1, SYLVANIA HEIGHTS SUBDIVISION, AND NORTH OF RIGHT OF WAY LINE OF LOVEJOY ROAD AS PRESENTLY ESTABLISHED. LYING AND BEING IN SECTION 9, TOWNSHIP 2 SOUTH, RANGE 24 WEST. The total actual acreage of above-described property is approximately 0.66 acres. 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 thirty-one ( 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. 3187 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. This ordinance shall be contingent upon approval of Ordinance No. 2094. 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 Opportunity, Division of Community Planning. Adopted: o rLVn a, 01? "", A - Richard A. Rynearson, ayor