Fort Walton Beach Ordinance — 1654 rezone 1968 &1992 Lewis Turner (WebLink 9567) — reading text

BEADING 1st ORDINANCE 1654 8n4 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY OF FORT WALTON BEACH LOCATED AT 1988 AND 1992 LEWIS TURNER BOULEVARD; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERlY TO BE REZONED FROM pw1 ( PROFESSIONAL OFFICE) DISTRICT TO HC ( HIGHWAY COMMERCIAL) DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR 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 Watton Beach finds the following: A. WHEREAS, an application for rezoning was received by the Department of Community Development Services of the City of Fort Walton Beach by the fee simple title holders of the subject property; and. B. WHEREAS a public hearing was held before the Municipal Planning Board on November 3, 2005, and the Municipal Planning Board has recommended the request be approved; and. C. WHEREAS, the City Council has conducted two public hearings after giving due public notice pursuant to Section 166.041, Florida Statutes; and, D. WHEREAS, the property, located at 1988-1992 Lewis Turner Boulevard. comprises 2.559 acres more or less, and is legally described as 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. A. The property legally described as: Lots 2, 3, 16 and 17. inclusive, and the Westerly 26 feet of Lots 4 and 15, less and except the South 82 feet thereof, Btock D. Maman Subdivision, accorcting to the plat thereof recorded in Plat Book 3. Page 17 of the public records of Qkaloosa County, Florida; and, lots 5. 6, 13 and 14, inclusive, and the Easterty 49 feet of Lots 4 and 15, less and except the South 82 feet thereof in Block D,  Maman Subdivision, according to the plat thereof recorded in Plat Book 3, Page 17 of the public records of Okaloosa County, Florida, is hereby rezoned HC ( Highway Commercial)Distrid. SECTION 4. ZONING MAP AMENDMENT. The Official Zoning Map of the City of Fort Walton Beach, as desaibed 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 P- 1 ( Professional Office) District to HC ( Highway Commercial) District for the specific parcels which are legally described in Section 3. of this Ordinance. SECTION 5. CONFLICTING PROVISIONS. Special Acts of the Florida legislature applicable to the incorporated area of the City of Fort Walton Beach, City Ordinances and City Resolutions, or parts, thereof, in confIid with the provisions of this ordinance are hereby superceded by this ordinance to the extent of such conflict. SECTION 6. SEVERABIUTY. 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 portion shaH 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. 74.: ptme r'kc,-, < H w, d: ~ DIBPOBmON Paae 2 of 2 T i:). 75' ' OfFORT WAtfON BEACH, flORIDA NOTICE OF PUBLIC HEARING A PUBLIC. HEAAl wi" CITY OF FORT WALTON BEACH, FLORIDA be held on the. following NOTICE OF PUBLIC HEARING I?r<? Qosed ordinance at 7: 00 p. m.' on Tuesday" Januory 10, 2006, in tI1e Council Chamber at Fort A PUBLIC HEARING will be held on the following proposed ordinance at 7: 00 p.rn. on Tuesday, January 10, Walton S$ QC;pCity Hall, 2006, in the Council Chamber at Fort Walton Beach City Hall, 107 Miracle Strip Parkway, SW, at which time I 07 ~ irade Strip the City Council will consider its adoption into law. The ordinance in its entirety may be inspected at the Office ParkW,ay, . s,w, ,at which time .the Ci1y COuncil will of the City Clerk during regular working hours. All interested parties may appear at the meeting and be heard consider 11$ a , doption into low. The ordinonce in its with respect to this proposed ordinance. & !A.9Y be enti('ly ted at the ottice. of the City inspe< Clerk during regular working hG>urs. All ORD. 1654 interested parties may opp' ear at the meeting an~ b. t.eord witl\ AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE to this proposed REZONING OF CERTAIN PROPERTY WITHIN THE CITY OF FORT WALTON BEACH LOCATED AT ordinanee. 1988 AND 1992 LEWIS TURNER BOULEVARD; PROVIDING FOR AUTHORITY; PROVIDING FOR ORD. 1654 FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM P- 1 ( PROFESSIONAL AN ORDINANCE OF OFFICE) DISTRICT TO HC ( HIGHWAY COMMERCIAL) DISTRICT; PROVIDING FOR A ZONING THE CITY OF FORT WALTON BEACH MAP AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR RELATING TO THE flORIDA/- Rc:ZONING' OF SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. CERTAIN PROPERTY WITHIN THE CITY OF FORT- WALTON'! EACH Any person who decides to a ppeal any decision made with respect to a ny matter considered at such LOCATED AT 1988 AND 1992 LEWIS hearing will need a record of the proceedings, and for such purpose may need to ensure that a verbatim TURNER BOULEVARD~ record of the proceedings is made, which record includes the testimony and evidence upon which the PROVIDING FOK PROVID- appeal is to be based ( FS286.0105). AUTHORITYi g{~~ Jv'IWr~ Fgk PROrERTY TO BE The City of Fort Walton Beach adheres to the Americans with Disabilities Act and will make reasonable REZONED FROM P- l