Fort Walton Beach Ordinance — 1320--Amend Comp Plan--30 Tupelo SE — reading text

City of Fort Walton Beach 8~~ vv @~ l': 1? n AN ORDINANCE OF THE CITY OF FORT WALTON BEACH RELATING TO AMBHDING THE FORT WALTON BEACH COMPRBBBHSIVE PLAN FUTURE LAND USE DESIGNATION ON CERTAIN PROPERTY WITHIN THE CITY OF FORT WALTON BEACH LOCATED AT 30 TUPELO AVBHUB SE, DESCRIBED AS THE EASTERLY 1/ 3 OF LOTS 1- 3 AND LOTS 12- 14, BLOCK 5, BROOKS ADDITION; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION ON THE PROPERTY TO BE AMENDED FROM MDR DENSITY RESIDBHTIAL) TO MU C/ R ( MIXED USE MEDIUM COMMERCIAL/ RESIDENTIAL); PROVIDING FOR IHTBRHAL CONSISTBBCY; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. The authorities for enactment of this ordinance are Section 163. 3184 and 163. 3187, 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: plan amendment as set forth herein A. That the comprehensive involves a use of ten ( 10) acres or fewer. B. That the cumulative annual effect of the plan acreage for adopted by the City has not all small scale development agreements exceeded a maximum of 80 acres. the plan amendment as set forth herein C. That comprehensive does involve for which a comprehensive plan amendment not property has been requested or granted within the prior twelve months. D. That the plan amendment as set forth herein comprehensive d,oes not involve the same owner' s property within two hundred ( 200) feet of property granted a change within the prior twelve ( 12) months. text E. That the proposed amendment does not involve a change to the goals, Comprehensive objectives and policies of the City' s Plan, but only proposes a land use change to the future land use map for a site- specific small scale development activity. That the that is the subject of the proposed F. property amendment is not located within an area of critical state concern. That the advertisement requirements as set forth in G. legal section 163. 3184 ( 15), Florida Statutes, have been met. SECTION 3. AMENDMENT OF FUTURE LAND USE ELEMENT. The City' s Comprehensive Plan: 2000, adopted by Ordinance 1044 of the City of Fort Walton Beach, adopted on July 24, 1990 is hereby amended as follows: A. That section 7. 05 ( 2), Map 7- 2, ( Central) Fort Walton Beach Future Land Use Map, of the Future Land Use Element is amended to reflect that the land use designation following described of the property is hereby changed from MDR, ( Medium Density Residential) to MU C/ R, ( Mixed Use Commercial/ Residential): The 1/ 3 of Lots 1- 3 and all Lots 12- 14, Block 5, Brooks easterly Addition. Said tract containing 30, 000 square feet ( 0. 69 acres) more or less. A copy of Map 7- 2 as amended is attached hereto as Exhibit " A". LITHO BY VITRO PRESS  SBCTION 4. INTERNAL CONSISTENCY. The comprehensive plan amendment as set forth herein preserves the internal consistency of the City' s comprehensive plan as adopted. SBCTION 5. BFFECTIVE DATE. The effective date of this small scale development plan amendment shall be 31 days after adoption, unless the amendment is challenged pursuant to Section 163. 3187( 3), F. S. If challenged, the effective date of this amecdment shall be the date a final order is issuedby the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance in accordance with Section 163. 3184, 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 resolutions shall be sent to the of Community Affairs, Bureau of Local Planning, 2555 Department Shumard Oak Boulevard, Tallahassee, Florida 32399- 2100. OPTE~ ~~)~~ MAYOR: c-..... ~ ATTEST: 1~ AJ l,. pbt--- TTY CLERK . / v The form and legal sufficiency of the foregoing has been reviewed and appr ved by the City Attorney. DISP081TION C OS