Fort Walton Beach Resolution — 84-09-Adopt Comp Plan Evaluation 12/83 — reading text

RESOLUTION NO. 84-9 A RESOLUTION ADOPTING THE CITY OF FORT WALTON BEACH COMPREHENSIVE PLAN EVALUATION AND REVIEW REPORT PREPARED BY GAINES & ASSOCIATES, INC., DATED DECEMBER 29, 1983, AND PROVIDING THE EFFECTIVE DATE HEREOF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: SECTION I. That the attached City of Fort Walton Beach Comprehensive Plan Evaluation and Review Report is hereby adopted. SECTION II. That the Local Government Comprehensive Planning Act requires the preparation of a five year evaluation and appraisal report. The purpose of this review is to evaluate the Comprehensive Plan and Elements and to suggest changes based on this assessment. The attached report was prepared for the City of Fort Walton Beach by Gaines & Associates, Inc., and is the result of this evaluation and appraisal process. The attached document is submitted in fulfillment of the review requirement of the Local Government Comprehensive Planning Act. SECTION III. This Resolution, being of an administrative nature, shall take full force and effect immediately upon its passage and signature by the Mayor. APPROVED: | [rbesae, IY, LP? GY MAYOR: ATTEST: bbe omar The form and legal sufficiency of a4 the foregoing has been reviewed and OT nn approved by the City Attorney. OISPOSITION ; ‘Guteenieemninnaian| JAMES . (MOORE ChTY ATYOR , WF lee ae es wh : ‘ ee SRP Ce Sige " : ~ Ha ae! oath: : 4 i : ie aa) ‘9 Prine . % i ! He Ch. 168 INTERGOVERNMENTAL PROGRAMS F.S. 1981 (6) Perform any other duties which lawfully may be assigned to it. (7) In any charter county that chooses to create separate zoning commissions under s. 163.182, all planning functions under this act shall be carried out by the planning commission, and all zoning functions under this act, including, but not limited to, those specified in ss. 163.205, 163.210, and 168.215, shall be carried out by the zoning ‘commissions. History.—s. 6, ch. 69-139; s. 3, ch. BO-358. 163.190 The comprehensive plan— (1) COMPREHENSIVE PLAN.—When basic information for the area has been brought together, the commission shall prepare a comprehensive and coordinated general plan for the development of the area, based on existing and anticipated needs, show- ing existing and proposed improvements in the area and stating the principles according to which future development should proceed and the manner in which such development should be controlled. The plan shall be made with the general purpose of guid- ing and accomplishing a coordinated, adjusted, and harmonious development of the area which will, in accordance with existing and future needs, best pro- mote public health, safety, comfort, order, appear- ance, convenience, morals, and the general welfare and which will contribute to efficiency and economy in the process of development. The comprehensive plan shall include plans for land use and may include plans for transportation, community facilities, a long-range financial program for public improve- ments, and such other matters as may be deemed necessary by the commission and the governing body for the purpose of meeting the objectives of this act. (2) ADOPTION OF COMPREHENSIVE PLAN BY ‘THE COMMISSION.—The comprehensive plan shall be adopted by the commission either in its en- tirety or as substantial portions corresponding gener- ally with functional or geographic classifications are completed. Before adoption of the comprehensive plan or any portion or portions thereof, a public hear- ing shall be held with due public notice by the com- mission. The adoption of the comprehensive plan or “any portion or portions thereof, or of any amendment or additions thereto, shall be by resolution carried by the affirmative vote of a majority of the total mem- bership of the commission. The resolution shall refer expressly to the maps, descriptive material, and other matters intended by the commission to form the whole or part of the comprehensive plan. The action taken shall be recorded on the adopted plan or parts thereof by the identifying signatures of the secretary and the chairman of the commission, together with the date of such action, and a copy of the comprehen- sive plan or parts thereof shall be certified to the gov- erning body. The officially adopted copy of the com- prehensive plan or any portion thereof and any duly adopted amendments thereto shall be a part of the permanent records of the commission. (3) ADOPTION OF COMPREHENSIVE PLAN BY GOVERNING BODY OR BODIES.—The gov- erning body may formally adopt the comprehensive plan by appropriate official action, either in its en- tirety or as substantial portions corresponding gener- ally with the functional or geographic classifications are completed and adopted by the commission. Any comprehensive plan shall only become effective upon its adoption by a majority of the membership of the governing body. ° History.—s. 7, ch. 69-139; s. 4, ch. 80-358. 163.195 Legal effect of comprehensive plan. oe Whenever a comprehensive plan for the area or a portion of such a plan corresponding generally with a functional classification of the subject matter or a geographic classification of the area has been adopt- ed, then and thenceforth no street, park, other public way, ground, place, or space, public building or struc- ture not in conformity with the comprehensive plan shall be constructed, altered or authorized in the area unless the location and extent thereof shall have been submitted to the commission for a report and its statement of approval or disapproval and the reasens therefor. Within 30 days after the request for such report has been received by the commission or within such other time limit as may be agreed upon, the re- port shall either be made or failure of the commission to act shall be deemed approval. The commission’s report may be overruled by a majority vote of the en- tire membership of the governing body. After a com- prehensive plan for the area or a portion of such plan corresponding generally with a geographic classifica- tion of the area has been adopted by the governing body, no zoning ordinance, subdivision regulation, or code adopted under the authority of this act shall be amended until such amendment shall have been re- ferred to the commission for review. History.—s. 8, ch. 69-139. 163.200 Review and amendment cf compre- hensive plan.—At least once each year, the compre- hensive plan or the completed parts thereof shall be reviewed by the commission to determine whether changes in the amount, kind, or direction of develop- ment of the area, or other reasons, make it beneficial to make additions or amendments to the plan. If the governing body desires an amendment or addition to the comprehensive plan, it may, on its own motion, direct the commission to prepare such amendment: and if such amendment is in accordance with the purposes of the comprehensive plan, the commission shall do so within a reasonable time as established by the governing body. The procedure for revising, ad- ding to, or amending the comprehensive plan shall be the same as the procedure for its original adoption. History.—s. 9, ch. 69-139; s. 5, ch. 80-358. 163.205 Zoning; ordinances; contents.— (1) After a comprehensive plan has been pre- pared and adopted as provided for in ss. 163.190, 163.195, and 163.200, and for the purpose of guiding and accomplishing coordinated, adjusted, and har- monious development in accordance with existing and future needs and in order to protect, promote, and improve public health, safety, comfort, order, ap- pearance, convenience, morals, and general welfare, the governing body of an area described under s. 163.175, in accordance with the conditions and proce- dures specified in this act, may enact or amend and 772 BR res ig ay ; ‘i : ne it beh “D ei ry ih é He i a ; a ae 4 : i aa Nf Zi Y ‘s ae sie ac ah vite oH F.S. 1981 INTERGOVERNMENTAL PROGRAMS _ _ __Ch. 163 enforce a zoning ordinance after a public hearing with due public notice. In such ordinance the govern- ing body shall divide the entire area into districts of such number, shape, and size as may be deemed best suited to carry out the purposes of this act, and with- in these districts may regulate, determine, and estab- lish: (a) Height, number of stories, size, bulk, location, erection, construction, repair, reconstruction, alter- ation, and use of buildings and other structures for trade, industry, residence, and other purposes; (b) Use of land and water for trade, industry, pro- fession, residence, and other purposes; {c) Size of yards, courts, and other open spaces; (d) Percentage of lot that may be occupied; {e) Density of population; (f) Conditions under which various classes of nonconformities may continue, including authority to set fair and-reasonable schedules for the elimination of nonconforming uses; ee gene ee {g) Use and types and sizes of structures in those areas subject lo seasonal or periodic flooding, so that danger to life and property in such areas will be mini- mized; and (h} Performance standards for use of property and location of structures thereon. (2) All such regulations shall be uniform through- out cach district, but the regulations in one district may differ from those in other districts. For each dis- trict designated for the location of trades, callings, in- dustries, commercial enterprises, residences, or buildings designed for specific uses, regulations may specify those uses that shall be excluded or subjected to reasonable requirements of a special nature. Uses permitted in one district may be prohibited in other districts, to the end that incompatibility of uses is minimized or eliminated. Regulations and district boundaries shall protect, promote, and improve pub- lic health, safety, comfort, order, appearance, conve- nience, morals, and general welfare and shall be made with reasonable consideration, among other things, to the character of the districts and their special suit- ability for particular uses and with a view to conserv- ing property values and encouraging the most appro- priate use of land throughout the area. History.——s. 10, ch. 69-139. “163.210 Zoning; procedure for establishing district boundaries; adoption of regulations.— (1) TENTATIVE REPORT BY COMMIS.- SION.—Tentative recommendations as to the boundaries of districts and the regulations to be en- forced therein may be prepared by the commission on its own initiative or at the request of the govern- ing body. The commission shall hold public prelimi- nary hearings and conferences at such times and places and upon such notice as it may determine to be neceSsary to inform itself and the public in the preparation of the tentative report. The tentative re- port, which shall include the proposed zoning ordi- nance with maps and other explanatory materials, shall be made to the governing body by the commis- sion. (2) ACTION BY GOVERNING BODY.—Within 30 days or such reasonable times as shal] be agreed upon, the governing body or bodies of the area shall consider the tentative report of the commission and shall return it, with any suggestions and recommen- dations, to the commission, so that the commission may prepare a final report. No ordinance under the authority of this act shall be passed until after the fi- nal report of the commission has been received by the governing body. (3) FINAL REPORT AND ACTION.—The com- mission shall then make a final report to the govern- ing body. Such final report shall not be made by the commission until it has considered the recommenda- tions and suggestions of the governing body and until it has held at least one public hearing with due public notice. The commission may hold such additional hearings as it may consider desirable. After the final report has been submitted by the commission, the governing body shall afford all interested persons an opportunity to be heard with reference