Fort Walton Beach Council agenda — 06-08-04 Regular — reading text

amending the Official Zoning Map of the City requires the adoption must be ordinance after two (2) readings before the City Council. An advertised public hearing held 10 days prior to adoption. As explained in the Staff Report, the applicant is seeking to enlarge the church. The for consistency to CF, Comprehensive Plan requires that aHlands designated PL be rezoned Community Facilities District. The request on the church' s behalf merely implements the proper zoning for the Medium Density Residential land use designation. The Municipal Planning' Board ( MPB) considered the application at public hearing held on May 6, 2004. There was no public comment. The MPB considered the Staff Report that the request was considered consistent with the Comprehensive Plan and recommended that City Council approve the request by a vote of 6- 0 ( Lambert absent)~ There are no requirements for posting with notices, legal advertisements or public notices prior to Council consideration of Ordinance 1586 on First Reading. DISCUSSION:  information, a Staff has prepared the enclosed Staff Report, which includes general background project description and a chronology of the zoning and development of the request site. The of the request with the Staff Report also includes a determination of applicable law, consistency Comprehensive Plan and determination of appropriateness of the request, including suggested findings for the MPB regarding the 13 criteria enumerated. amend the Ordinan~ 1586, if adopted would rezone the 3. 84-acre site to the CF District and Official Zoning Map of the City, accordingly. RECOMMENDATION: The Municipal Planning Board recommended that City Council approve Ordinance 1586. The Municip~ 1 Planning Board also recommended that the application filing fees be refunded in the amount 0"$ 775. 00 Enclosures: Location Map Ordinance 1586 Letter requesting refund  1 ORDINANCE 1586 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 4 FLORIDA, RELATING TO THE REZONING OF CERTAIN PROPERTY 5 WITHIN THE CITY OF FORT WALTON BEACH LOCATED AT 232 6 HOLLYWOOD BOULEVARD SE; PROVIDING FOR AUTHORITY; , , 7' PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY 8 TO BE REZONED FROM R-2 ( MULTIFAMILY DWELLING) DISTRICT 9 TO CF ( COMMUNITY FACILITIES) DISTRICT; PROVIDING FOR A 10 ZONING MAP AMENDMENT; PROVIDING FOR REPEAL OF ANY 11 CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; 12 AND PROViDING FOR AN EFFECTIVE DATE. 13 CITY OF FORT 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 15 WALTON BEACH, FLORIDA. AS FOLLOWS: 16 The authority for enactment of this ordinance is Section 2, of 17 SECTION 1. AUTHORITY" 18 the City Charter! and Section 166. 021 ( 1), Florida Statutes. 19 Beach 20 SECTION 2. FINDINGS OF FACT. The City Council of the City of Fort Walton 21 finds the following: 22 of 23 A. WHEREAS, an appfication for rezoning was received by the Department 24 Community Development Services of the City of Fort.Watton Beach by the Eldership of the Fort Walton Beach Church of Christ, the fee simple title ,holder of the subject property; 25 26 and, 27 on May 6, 28 B. WHEREAS a public hearing ~ as held before the Municipal Planning Board 29 2004, and the Municipal Planning Board has recommended the request be approved; 30 and, 31 32 C. WHEREAS, the City Council has conducted public hearings after giving due public 33 lorida Statutes; and, notice pursuant to Section 166. 041, t= 34 3. 84 35 ' D. WHEREAS! the property, located at 232 Hollywood Boulevard SEt comprises 36 acres more or less, and is legally described in Section 3 of this Ordinance; and, 37 38 E. WHEREAS, the rezoning is consistent with the present Comprehensive Plan, 39 adopted August 22, 2000, by Ordinance 1401. 40 41 SECTION 3. PROPERTY REZONED. The property legally described as Lots ,91 180, 42 through 94, inclusive, and Lots 97 through 104, inclusive, and Lots 175 through recorded in Plat Book 2, 43 inclusive as shown on the record plat of Ocean City, as 28A, Public Records of Okaloosa County" Florida, and aU of the vacated 20 44 Page 45 foot alleyway lying south of and adjacent to Lots 91 through 94, and the south one- 46 half of the vacated 20 foot alleyway' lying south of and adjacent to Lots 95, 96 and 47 96-A, and all af the 20 foot alleyway lying east of and adjacent to aforesaid Lots 175 af and 48 through 180, and the east one-half of the vacated 20 foot alleyway lying west 49 adjacent to' aforesaid Lots 103 and 104. The alleyways having been vacated by the of Fort Walton Beach Ordinance Numbers 100. 107 and 100.325, is hereby 50 City 51 rezoned CF ( Community Facilities) District. Draft 4- 13- 04 Page 1 of2 52 53 SECTION 4. ZONING MAP AMENDMENT. The Official Zoning Map of the City of Fort 54 Walton Beach, as described in the' Land Development Code, Article III. ZONING, DIVISION 55 3. ZONING DISTRICTS ESTABLISHED; ZONING MAP, Section 20- 382, is hereby amended 56 to include a change of classification from R- 2 ( Multifamily Dwelling) District to CF 57 ( Community Facilities) District for the specific parcel which is fegally described in Section 3. 58 of this Ordinance. 59 60 SECTION 5. REPEAL OF ANY CONFUCTING ORDINANCES. This ordinance hereby 61 repeals all provisions of Ordinances or resolutions ,in conflict 62 63 SECTION 6. SEVERABILITY. If any section, phrase, sentence, or portion of this Ordinance 64 is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such 65 portion shaff be deemed a separate, distinct, and independent provision, and such holding 66 shall not affect the validity of the remaining portions thereof. 67 68 SECTION 7 EFFECTIVE DATE. This Ordinance shall become effective upon approval by It 69 the City Council and signature of the Mayor. 70 71 72 ADOPTED: 73 74 MAYOR: 75 76 77 ATTEST: 78 79 80 Helen Spencer, City Clerk 1 Approved as to form and legal sufficiency. 82 83 84 Toni Craig. Teal, City Attomey 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 Draft 4- 13- 04 Page 2 of2  Page 1 of 1 Len Mitchell From: AttyCrg@ao1.com Sent: Monday, April 19, 2004 7:07 AM To: lmitchell@fwb. org Subject: Ordinance 1586- Re~oning of FWB Church of Christ Len, of events is approved as to form and legal Ordinance 1586, Re~onfng of FWB Church of Christ, and the calendar sufficiency. Toni Crai'g Teal Fla. Bar No. 0115444 151 Mary Esther Blvd., Suite 408. Mary Esther FL 32569 850:) 243-6.969 . ax:( 850) 244-8929 4/ 19/ 04  U' U'.. UU..... u" u'....." r. MUNlCIPALPLANNINGBOARO'.. MAY 6, 2004 MEETING AGENDAITEM IV. L. MPB CASE # 84-30-RZ CONSIDERATION OF AN ORDINANCE OF THE Cny OF FORT WALTON BEACH, FLORIDA. FORT WALTON RELATING TO THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY OF BEACH LOCATED AT 232 HOLLYWOOD BOULEVARD SE; PROVIDING FO:R AUTHORITY; REZONED FROM R- PROVIDiNG FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE FAMILY DWELLING} DISTRICT TO CF ( COMMUNITY FACtLfllE$) DISTRICT; 2 {MULTIPLE PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR REPEAL OF ANY PROVIDING FOR SEVERABILITY; AND PRO\ l 1 D i N G FOR AN CONFLICTING ORDINANCES; EFFECTIVE DATE. ( CDS STAFF) ( SEE BACKUP)  CITY OF FORT WALTON BEACH MEMORANDUM Date: April 21, 2004 To: Chairman and Members Municipal Planning Board Through: Missy McKim, CDS () irect~ From: . Len MUcheH, Planning Manager ~ Subject: Consideration of Ordinance 1586. Request to Rezone 232 Hollywood Boulevard SE from R-2 ( Murtiple Family Dwelling) District to CF ( Gbmmunity Facilities) District. Requested by Tony M. MPB Posey, Agent for Fort Walton Beach Church of Christ - 04-30- RZ Case# tHE REQUEST: The Department of Community Development Services (CDS) has received a their authorized request from the Fort Walton Beach Church of Christ, through District to agent, Tony M. Posey, to rezone from R-2 ( Multipfe Family Dwelling) Facilities) District the 3. 84~ acre parcel of property located at 232 CF ( Community HoUywood Blvd SEa . The appncants~a non-profit entity, have also requested a refund of the $775 applicati.on