Fort Walton Beach Ordinance — 1655--Rezone First Baptist Church to CF — reading text

RA' I'E n':::~~.." lst- 1 ORDINANCE 1655 d ~ - , 2.~ O~- AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF PROPERTY lOCATED AT 21 FIRST STREET SE, 109 CHURCH AVENUE SE, 17 SECOND STREET SE AND 21 SECOND STREET SE, FORT WALTON BEACH, FLORIDA AND OWNED BY THE FIRST BAPTIST CHURCH OF FORT WALTON BEACH; PROVIDING AUTHORITY; PROVIDING FINDINGS OF FACT; REZONING PROPERTY FROM R-2 MULTIPLE FAMILY DWELLING DISTRICT TO CF COMMUNITY FACiliTIES DISTRICT, AMENDING THE OFFICIAL ZONING MAP; REPEALING CONFLICTING ORDINANCES; 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: SECTION 1. AUTHORITY. The authority for enactment of this ordinance is Section 2, of the City Charter, and Section 166. 021( 1), Florida Statutes. SECTION 2. FINDINGS OF FACT. The City Council of the City of Fort Walton Beach finds the following: A. WHEREAS, an application for rezoning was received by the Department of Community Development Seavices of the City of Fort Walton Beach from the fee simple title holder of the subject property; and, B. WHEREAS a public hearing was held before the Municipal Planning Board on September1, 2005, and the Municipal Planning Board has recommended the request be approved; and, C. WHEREAS, the City Council has conducted public hearings after giving due public notice pursuant to Section 166. 041, Florida Statutes; and, D. WHEREAS, the property, presently known as First Baptist Church located at 21 First Street SE, 109 Church Avenue SE, 17 Second Street SE and 21 Second Street SE, comprises 5.61 acres, more or less, and is legally described in Section 3 of this Ordinance; and, E. WHEREAS, the rezoning is consistent with the present Comprehensive Plan, adopted August 22, 2000, by Ordinance 1401. SECTION 3. PROPERTY REZONED. The property legally described as shown on " Exhibit A" attached is hereby REZONED CF ( COMMUNITY FACILITIES) DISTRICT. SECTION 4. ZONING MAP AMENDMENT. The Official Zoning Map of the City of Fort Walton Beach, as described in the Land Development Code, Article III. ZONING, DIVISION 3. ZONING DISTRICTS ESTABLISHED; ZONING MAP, Section 20-382, is hereby amended to include a change of classification from R- 2 ( Multifamily Dwelling) District to CF Community Facilities) District for the specific parcels which are legally described in Section 3. of this Ordinance. Paae 1 of2 SECTION 5. REPEAL OF ANY CONFLICTING ORDINANCES. This ordinance hereby repeals all provisions of Ordinances or resolutions in conflict. SECTION 6. SEVERABILITY. If any section, phrase, sentence, or portion of this Ordinance is, for any reason held invalid or unconstitutional by any court of competent jurisdiction, such I portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective upon approval by the City Council and signature of the Mayor. ADOPTED: 1'-? ~ MAYOR: A D1. 2POSl'rIOl'; T Paae 2 of 2  EXHIBIT " A" Le2al Descriotion for First Baotist Church of Fort Walton Beach Rezoninsr from R-2 to CF 1- 2005 Parcel #- 13- 2S- 24- 1050- 00PI- 0000 ( located at 21 First Street SE) The East One-Half of Block P, of Camp Walton, Okaloosa County, Florida, according to the plat by Silas Gibson in May 1925, recorded in Plat Book 1, at Page 30, of the Public Records ofOkaloosa County, Florida; and, 2 - 2005 Parcel # 13- 2S- 24-1050- 000l. 0010 ( located at 109 Church Avenue SE) Block " f', inclusive, Spivey- Gibson Addition to Fort Walton Beach, Okaloosa County, Florida; being recorded also in Block " Y' of Camp Walton Subdivision, according to the plat by Silas Gibson in May 1925 recorded in Plat Book 1, at Page 30, of the Public Records of Okaloosa County, Florida, or according to a later revised unrecorded plat of Spivey Gibson Addition resurveyed in January 1949 by T. W. Coleman; and, 3- 2005 Parcels # 13- 2S- 24- 1050- 000H- 001O, 13- 2S- 24- 1050-000H- 0020, 13- 2S- 24- 1050- OOOH- 0030, 13- 2S- 24-1050- 000H-0040, 13- 2S- 24- 1050- 000H-0070 ( located at 17 and 21 Second Street SE) Lots 1 through 8, inclusive, Block H, Camp Walton, Okaloosa County, Florida, according to the plat by Silas Gibson in May 1925, recorded in Plat Book 1, at Page 30, of the Public Records ofOkaloosa County, Florida; and, 4 -Vacated portion of Ash Street right-of- way The North half adjoining Block I and the South half adjoining the East half of Block P of the vacated right- of-way of Second Avenue, later known as Ash Street, lying between said Blocks I and P of Camp Walton, Okaloosa County, Florida, according to the plat by Silas Gibson in May 1925, recorded in Plat Book 1, at Page 30, of the Public Records of Okaloosa County, Florida; said right- of- way was vacated per City Ordinance No. 100. 336, August 28, 1984, and recorded in Official Records Book 1302, at Page 1839, ofOkaloosa County, Florida; and, 5 - Vacated alley in Block I The vacated alley lying within Block I of Camp Walton, Okaloosa County, Florida, according to the plat by Silas Gibson in May 1925, recorded in Plat Book 1, at Page 30, of the Public Records of Okaloosa County, Florida; said alley was  vacated per City Ordinance No. 100. 336, August 28, 1984, and recorded in Official Records Book 1302, at Page 1839, ofOkaloosa County, Florida; and, 6 - Vacated portion of Second Street right- of-way The vacated right- of-way of Second Street ( Third Avenue, according to the plat of Camp Walton) located between Harbeson Avenue and Church Avenue, bounded on the North by Lots 1 through 8, Block H, and bounded on the South by Lots 1 through 8, Block I, of Camp Walton, Okaloosa County, Florida, according to the plat by Silas Gibson in May 1925, recorded in Plat Book 1, at Page 30, of the Public Records of Okaloosa County, Florida; said right- of-way vacated per City Ordinance No. 1086, September 11, 1990, and recorded in Official Records Book 1573, at Page 1303, ofOkaloosa County, Florida.  EXHIBIT " A" Le2al Descriotion for First Baotist Church of Fort Walton Beach Rezonin1!from R-2 to CF 1- 2005 Parcel #- 13- 2S- 24- 1050-00PI- 0000 (located at 21 First Street SE) The East One-Half of Block P, of Camp Waho~ Okaloosa County, Florida, according to the plat by Silas Gibson in May 1925, recorded in Plat Book 1, at Page 30, of the Public Records ofOkaloosa County, Florida; and, 2 - 2005 Parcel # 13- 2S- 24- 1 050- 0001- 001 0 (located at 109 Church Avenue SE) Block Uf\ inclusive, Spivey- Gibson Addition to Fort Walton Beach, Okaloosa County, Florida; being recorded also in Block " f'of Camp Walton Subdivision, according to the plat by Silas Gibson in May 1925 recorded in Plat Book 1, at Page 30, of the Public Records of Okaloosa County, Florida, or according to a later revised unrecorded plat of Spivey Gibson Addition resurveyed in January 1949 by T. W. Coleman; and, 3- 2005 Parcels # 13- 2S- 24- 1050-000H- Q010, 13- 2S- 24- 1050-000H- 0020, 13- 28- 24-1050- OOOH- 0030, 13- 2S- 24-1050- 000H-0040, 13- 2S- 24-1050- 000H- 0070 ( located at 17 and 21 Second Street SE) Lots 1 through 8, inclusive, Block II,Camp Walton, Okaloosa County, Florida, according to the plat by Silas Gibson in May 1925, recorded in Plat Book 1, at Page 30, of the Public Records of Okaloosa County, Florida; and, 4 -Vacated portion of Ash Street right- of-way The North half adjoining Block I and the South half adjoining the East half of Block P of the vacated right-of-way of Second Avenue, later known as Ash Street, lying between said Blocks I and P of Camp Walton, Okaloosa County, Dson in May 1925, recorded in Plat Book Florida, according to the p1atby Silas Gt. 1, at Page 30, of the Public Records of Okaloosa County, Florida; said right-of- way was vacated per City Ordinance No. 100. 3 36, August 28, 1984, and recorded in Official Records Book 1302, at Page 1839, ofOkaloosa County, Florida; and, 5 - Vacated alley in Block I The vacated alley lying within Block I of Camp Walton, Okaloo~ County, Florida, according to the plat by Silas Gibson in May 1925, recorded in Plat Book 1, at Page 30, of the Public Records of Okaloosa County, Florida; said alley was  vacated per City Ordinance No. 100.336, August 28, 1984, and recorded in Official Records Book 1302, at Page 1839, of Okaloosa County, Florida; and, 6 -Vacated portion of Second Street righto- f- way The vacated right- of- Avenue, according to the plat of way of Second Street Thi ( rd Camp Walton) located between HaIbeson Avenue and Church Avenue, bounded on th~ North by Lots 1 through 8, Block H,and bounded on the South by Lots 1 through 8, Block 1, of Camp Walton, Okaloosa County, Florida, according to the plat by Silas Gibson in May 1925, recorded in Plat Book 1, at Page 30, of the Public Records of Okaloosa County, Florida; said right-of- way vacated per City Ordinance No. 1086, September 11, 1990, and recorded in Official Records Book 1573, at Page 1303, ofOkaloosa County, Florida.  L~ 3815 CITY OF FORT WALTON s v~~ Dail~ Ne~ BEACH, FLORIDA NOTICE OF