Fort Walton Beach Ordinance — 2161--Amending FLUM for 931 Miracle Strip Pkwy SW to MX — reading text

ORDINANCE 2161 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT ra WALTON BEACH, FLORIDA, AMENDING THE CITY' S COMPREHENSIVE PLAN TO AMEND THE FUTURE LAND USE MAP FOR 931 MIRACLE STRIP PARKWAY SW TO MIXED USE ( MU); PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONSISTENCY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on July 15, 2024, 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 931 Miracle Strip Parkway SW into the City limits of Fort Walton Beach, Florida; WHEREAS, 931 Miracle Strip Parkway SW, 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 931 Miracle Strip Parkway SW consistent with Sections 163. 3184 ( 3) & ( 5) of the Florida Statutes and recommends that the proposed FLUM designation for the property be designated Mixed Use ( MU). 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 October 3, 2024, 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 Mixed Use ( MU): Property Address: 931 Miracle Strip Parkway SW Property described as: Parcel 1 PARCEL ID 23 -2S -24- 221A-0000- 0830 BEGINNING AT THE NORTHWEST CORNER OF LOT 83, SEABREEZE SUBDIVISION, NEAR FORT WALTON, FLORIDA, ACCORDING TO A PLAT OF SAID SUBDIVISION NOW ON FILE IN VOLUME 1, RECORDS OF OKALOOSA COUNTY, FLORIDA; THENCE SOUTHWESTERLY TO A POINT ON THE WATER' S EDGE OF SANTA ROSA SOUND, SAID POINT BEING 50 FEET WEST OF THE SOUTHWEST CORNER OF LOT 83; THENCE EASTERLY ALONG THE WATER' S EDGE 176 FEET MORE OR LESS TO A POINT 25 FEET EAST OF THE SOUTHEAST CORNER OF SAID LOT 83; THENCE NORTHEASTERLY TO A POINT ON STATE ROAD, SAID POINT BEING THE NORTHEAST CORNER OF LOT 82 OF SAID SUBDIVISION; THENCE WESTERLY ALONG SAID STATE ROAD 176 FEET MORE OR LESS TO THE POINT OF BEGINNING; BEING ALL OF LOT 83 ANO PORTION OF LOTS 84 AND 82 IN SAID SUBDIVISION. The total actual acreage of the above- described property is approximately 1. 94 acres. Parcel 2 PARCEL ID 23 -2S -24- 221A- 0000- 0810 ALL OF LOT 81 IN SEABREEZE SUBDIVISION NEAR FORT WALTON BEACH, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED IN THE OFFICE OF THE CLERK OF CIRCUIT COURT OF SAID COUNTY; AND ALSO THAT PART OF LOT 82 OF SAID SUBDIVISION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 82 RUN THENCE SOUTHWESTERLY TO A POINT ON THE WATER'S  EDGE OF SANTA ROSA SOUND, SAID POINT BEING 50 FEET WEST MEASURED AT RIGHT ANGLES FROM THE EAST LINE OF SAID LOT 82 OF SAID SUBDIVISION OR PROJECTION OF SAID EAST LINE; THENCE EASTERLY ALONG SAID WATER' S EDGE TO THE EAST LINE OF SAID LOT 82; THENCE NORTH ALONG THE EAST LINE OF LOT 82 TO THE POINT OF BEGINNING. The total actual acreage of the above- described property is approximately 1. 25 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 ( 3 1) 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 Commerce, 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. 2160. 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 Commerce, Division of Community Planning. Adopted: G' L raTy J": z 4 t: a - Richard A. Rynearson, Mayor Attest: Approved as to legal form and sufficiency for the City of F rt Walton Beach, only. Barnes, City Clerl- Kimberly Romano Kopp, City Attorney  Exhibit " A" Location Map 931 E Miracle Strip Parkway 23 -2S -24- 221A- 0000- 0830 Unaddressed Parcel 23 -2S -24- 221A- 0000- 0810 City of Fort Walton Beach Planning Division 0 Qb 400 800 U Reauest Site Feel N RACLE STRIP Pj( W E S MIRACLE STRIP SSW Prepared by the City of Fort Walton Beach GIs Division Legend City Limits  Exhibit " B" Zoning 931 E Miracle Strip Parkway 23 -2S -24- 221A- 0000- 0830 Unaddressed Parcel 23 -2S -24- 221A- 0000- 0810 City of Fort Walton Beach Planning Division 0 400 a N F w E Legend City Limits S Cfly Zoning R- 1 SINGLE FAMILY RESIDENTIAL RAE SINGLE FAMILY RESIDENTIAL ESTA7 R- 2 MULTI -FAMILY RESIDENTIAL YC YACHT CLUB O MX -1 MIXED-USE MEDIUM MX -2 MIXED- USE HIGH MB MIXED BUSINESS & MANUFACTURING CTP COMMERCE & TECHNOLOGY PARK CF COMMUNITY FACILITIES CG COMMERCIAL PUD PLANNED UNIT DEVELOPMENT REC RECREATION NZ NOTZONED County Zoning R- 1 Residential C R-2 Residential; SR Suburban Residential R3 Residential RR Residential Rural MU -1 Mixed Use 1 MU -2 Mixed Use 2 MU Mixed Use I MHP Manufactured Mobile Home Park UhLI C3 General Commercial INST Institutional C REC Recreation AC -.5 Airport Compatibility . 5 AC -1 Airport Compatibility 1 1- 1 Industrial 1- 2 Airport Industrial Park W AA Agriculture  Exhibit " C" Future Land Use 931 E Miracle Strip Parkway 23 -2S -24- 221A- 0000- 0830 Unaddressed Parcel 23 -2S -24- 221A- 0000- 0810 City of Fort Walton Beach Planning Division