Fort Walton Beach Ordinance — 2048--PUD for 325 and 327 Eglin — reading text

READING DATE 1/ 1st 13-) 1 2nd l/24j3.0, ORDINANCE 2048 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT FLORIDA, PROVIDING FOR AUTHORITY; WALTON BEACH, PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY LOCATED AT 325 AND 327 EGLIN PARKWAY NORTH TO UPDATE DEVELOPMENT ( PUD) ZONING OVERLAY; PLANNED UNIT PROVIDING FOR APPROVAL OF THE SITE DEVELOPMENT PLAN; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: WHEREAS, On October 21, 2020, the Growth Management Department received a request from Costcorde LLC, and Jenkins Engineering, Inc., authorized agent on behalf of the Ed Cox Motor Company, Inc., to update the existing Planned Unit property owner, Danny Cox/ Development (" PUD") for the property located at 325 & 327 Eglin Parkway N and for approval of a site development plan; and WHEREAS, the subject property currently includes vacant mixed-use properties, which the Owner wishes to redevelop into a CEFCO Gas Station & Convenience Store; and WHEREAS, the Growth Management Department has reviewed the existing PUD, the proposed updates to the PUD by the Owner, and the site development plan in accordance with applicable state statutes and city code requirements; and WHEREAS, City Staff has determined that the proposed project is generally consistent with the City' s Comprehensive Plan; and WHEREAS, the City' s Local Planning Agency has reviewed the request to update the PUD for 325 & 327 Eglin Parkway N and recommends approval by the Fort Walton Beach City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: SECTION 1. AUTHORITY & INTENT The authority for enactment of this ordinance is pursuant to Chapters 166 and 177 of the Florida Statutes, Section 2 of the City Charter and the City' s Land Development Code. through Denise A. The owner, Ed Cox Motor Company, Inc. / Danny E. Cox, of the Lots 1 & 2 of the Anderson, Costorde LLC., applied for rezoning approval Marketplace at Eglin Parkway plat located at 325 & 327 Eglin Parkway North in Fort Walton Beach, Florida. The development will consist of redeveloping the site to include the construction of a CEFCO Gas Station and Convenience Store, an area for future development, and associated site improvements for stormwater management, parking, and landscaping. Approval of this rezoning will result in a new Planned Unit Development zoning district at the property. this ordinance on The Local Planning Agency held a public hearing and considered B.  January 7, 2021. The Local Planning Agency has recommended approval of the update of Unit the PUD ( Planned Development) Zoning District in accordance with the CEFCO Planned Unit Development document as prepared by Costcorde, LLC., dated October 20, 2020, revised December 14, 2020, and the conditions and amendments in this ordinance. C. The City Council then conducted public hearings on January 12, 2021 and January 26, 2021, after giving due public notice pursuant to Section 166.041 of the Florida Statutes and the City' s Land Development Code. SECTION 2. FINDINGS OF FACT The City Council finds: A. The planned unit development ( PUD) is a zoning overlay available to encourage flexibility in the design and development of land and allow improved design and quality in new development. The PUD is intended to provide for diversification and integration of uses and structures consistent with the underlying zoning district. Development has a physical address of 325 & 327 B. The CEFCO Planned Unit Eglin Parkway North, Fort Walton Beach, Florida. The subject property is approximately 5. 53 acres. The redevelopment will consist of a gas station and convenience store, and an area designated for future development. CEFCO Planned Unit Development is consistent with the City' s C. The Comprehensive Plan and the Land Development Code. D. The proposed PUD will provide landscaping buffers to transition between areas of different land use and minimize any adverse impacts the development may have on existing and zoned development. E. The intensity/density of the development is compatible with the surrounding area. F. The provisions of and conditions required by this approval are necessary and in the best interests of the public health, safety, and welfare of City citizens. Therefore, the City Council approves the CEFCO Planned Unit Development, as set forth in this ordinance. SECTION 3. PROPERTY TO BE UPDATED A. The property subject to this rezoning is located at 325 & 327 Eglin Parkway North, Fort Walton Beach, Florida, and is more particularly described in the CEFCO Planned Unit Development document. B. The requested PUD update is consistent with the City' s Comprehensive Plan. Therefore, the subject property PUD ( Planned Unit Development) is approved, subject to all conditions and amendments of this ordinance and the CEFCO Planned Unit Development project documents as prepared by Costcorde, LLC., dated October 20, 2020, revised December 14, 2020. SECTION 4. ADOPTION AND CONDITIONS TO CEFCO PLANNED UNIT DEVELOPMENT The CEFCO Planned Unit Development project documents, as prepared by Costcorde, 2020,December 14, are adopted by reference and LLC., dated October 20, 2020, revised approved as the development plan and order, with the following amendments and conditions: A. All improvements shall be made in accordance with the provisions of this ordinance and the project documents. This ordinance and the project documents standards, criteria, and other shall be considered the development and site If a requirements for development of the CEFCO Planned Unit Development. the project documents, the subject is not addressed in this ordinance or applicable provision of the latest version of the City' s Land Development Code shall apply. B. In accordance with the LDC, only non-potable or reclaimed water shall be used in the irrigation system. C. During the removal of the existing chain link fence along Middle Drive, any existing vegetation that is removed/ destroyed during fence removal shall be replaced. D. Prior to the start of construction, a pre-construction meeting will be required between City Staff and the Site Contractors to address all development conditions and questions. E. Prior to the start of construction, all existing trees that are to be saved on site shall be marked/flagged to ensure that appropriate trees are saved in accordance with the approved site development plans. SECTION 5. CONFLICTING PROVISIONS If any other ordinance, or parts of any other ordinance, or provision of the Land Development Code are in conflict with this ordinance, the provisions of this ordinance shall prevail. SECTION 6. SEVERABILITY Should any section, part, or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder, as a whole or any part, other than that part declared to be invalid. SECTION 7. VIOLATIONS Any violation of any of the provisions ofthe development plan shall constitute a violation of this ordinance and may be subject to enforcement through Chapter 1. 05 of the City Code and all other remedies available to the City. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect immediately upon approval on second reading by City Council and signature of the Mayor. GE- Adopted: a- e 3_ p Ku en Richard A. Rynearso , Ma • 00 wAL Th • roved for form, 4.' • - cy Attest: 4 72 AN A til 4., ";" D y kes, `Jr i' y Atto Kim M. arnes, City Clerk I  Exhibit " A" Location Map 325 Eglin Parkway N 01- 2S- 24- 2202- 0000- 0020 and 01- 2S- 24- 2202- 0000- 0010 (a portion of)