Fort Walton Beach Council agenda — 05-13-08 regular agenda — reading text

N 24 2 0 O 0 LLJ V) ui 0 ilomap! m  CITY COUNCIL MEETING Mav 13. 2008 General Public Comments from the General Public on items not otherwise on the agenda Agenda Item Number: 6  CITY COUNCIL MEETING May 13, 2008 Quasi -Judicial Agenda - Second Reading Consideration of Ordinance 1754 rezoning property located at 739 Lovejoy Road, from C -2 General Commercial to MUCC -2 Mixed Use Community Commercial CDS Director) Municipal Planning Board Recommendation: Approval (6 -0) (413108) Council Action 1 St 2nd Vote: Agenda Item Number: 7  PUBLIC HEARING PROCESS FOR QUASI-JUDICIAL MATTERS 1. Announce matter for consideration 2. Announce that the matter is quasi-judicial and that the public hearing is open 3. Request all persons who will testify to stand so that the City Attorney can administer the oath 4. Request Applicant to come forward and give presentation, if any 5. Ask Council if there are questions of Applicant 6. Ask Council if there are questions of Staff 7. Request and allow any comments from the Public. Public comments should be directed to the Council; however, Public can ask questions of Applicant or Staff, if necessary 8. Close the public hearing 9. Open floor for Council motion 10. Council discussion 11. Council vote on motion m I'  ORDINANCE 1754 a, AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE 4 REZONING OF PROPERTY LOCATED AT 739 LOVEJOY ROAD, FORT WALTON BEACH, 5 FLORIDA; PROVIDING AUTHORITY; MAKING FINDINGS OF FACT; REZONING 6 PROPERTY FROM C -2 GENERAL COMMERCIAL DISTRICT TO MUCC -2. MIXED USE 7 COMMUNITY COMMERCIAL DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; 8 AND SETTING AN EFFECTIVE DATE. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT 11 WALTON BEACH, FLORIDA, AS FOLLOWS: 12 13 SECTION 1. AUTHORITY. The authority for enactment of this ordinance is Section 2, of the 14 City Charter, and Section 166.021 (1), Florida Statutes. 15 16 SECTION 2. FINDINGS OF FACT. The City Council of the City of Fort Walton Beach finds that 17 Daniel M. Amer, as the authorized agent for the fee simple title holder of the property at 739 18 Lovejoy Road, Fort Walton Beach, Florida, applied for rezoning of the subject property. The 19 subject property comprises . 26 acres more or less. A public hearing was held before the 20 Municipal Planning Board on April 3, 2008, and the Municipal Planning Board recommended the 21 request be approved. The City Council conducted two public hearings after giving due public 22 notice pursuant to Section 166.041, Florida Statutes, and the City's Land Development Code. 23 The requested rezoning is consistent With the City's Comprehensive Plan. 24 25 SECTION 3. PROPERTY REZONED. The property legally described as Lot 23, Block 2, C;176 Wildwood Park Subdivision, as recorded in plat book 3, page 47 of the public records of Okaloosa County, Florida, with a physical address of 739 Lovejoy Road, Fort Walton Beach, 28 Florida, is hereby rezoned MUCC -2 Mixed Use Community Commercial District. 29 30 SECTION 4. ZONING MAP AMENDMENT. The Official Zoning Map of the City of Fort Walton 31 Beach, as adopted by Section 12.40.06 of the Land Development Code, is hereby amended to 32 include a change of classification from C -2 General Commercial District to MUCC 2 - Mixed Use 33 Community Commercial District for the specific parcel described in Section 3 of this Ordinance. 34 35 SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective upon approval by the 36 City Council and signature of the Mayor. 37 38 39 ADOPTED: 40 Mike Anderson, Mayor 41 42 ATTEST: Approved for form and legal sufficiency 43 44 45 46 Helen Spencer, City Clerk Toni L. Craig, City Attorney 47 48 49 Codification Instructions: Not Codified. Cam] Page 1 of 1 STATE OF FLORID ) COUNTY OFQ, ) The foregoing instrument was acknowledged bef a this 23rd day of September, 2005, by DENNIS L. GILL, who produced a tin ' s license as pro ' dentification and who did not take an oath. At . .. / Notary Public Tiny Commission paM,late ht 6  CITY OF FORT WALTON BEACH, FLORiDA- M.,fM., OaAN.. DM Date: Tuesday, Aprfl 8, 2008 To: Joyce harmhm, City Manager CC: Missy A. Mc14m6 COS Dkector From: Samantha D. Abell, Senior Piannero Subject Consideration of OkInance 1754 Request to Rezone Property Located at 739 Lovejoy Road From C-2 General Ca vner W District to MUCC -2 Mixed Use Comm nfAy Cwmwckd District Requested by Daniel Amer, Auttrorized Agent for Armada Systems„ tnc., Owner. (MPB Cased 08-a141Z} THE RMEST The Department of Community Development services has mosived an application on behalf' of Mllip Robbins, Armada Systems, Inc., owner of Wt 23, Block 2, WkMx)od Park Subdivision, as recorded in pia book 3, page 47 of the pubic records of O aloosa County, Florida, to amend the Official Zoning Map from C-2 ( General Commercial} District to MUCC 2 - ( Mncec- use Community Comma rdal -2) D'rstr a The property is located at 739 Lovejoy Road. The process of amending the Official Zoning Map of the City requires the adoption of an ordinance after two ( 2) readings before the City Council. An advertised public hearing must be held 10 days prior to adopt. The applicant's proposed change is wnsisteni vfth the current Mt=, Mbaed Use Community Commerce desUnation of this property on the FuAure Land Use Map (f1.Ufilf) wfich was enacted by Ondinanoe 1728 on September 11, 2007 as a result of a private applicabon by the same applicant. Staff has drafted the enclosed Ordinance 1754, to accomplish the requested zoning change The city attorney reviewed the ap9- k , fi n and ordinance on March 3, 2008 for legal aftkwicy. The a~ paid the $925.00 rezoning application fee and deposit on February 20, 2008. BACKGROUND: n rnrnii. Armada Systems intends to develop the parcel lotted at 739 Lovejoy Rwd WV for a eommerciai use in compliance with Mixed -Use Community Commercial zoning. The request complies with the Future Land Use Map of the CYS Comprehensive Plan.  a t- r 1 oo lb sa • w • a i t -• = tom. - .•••' 4• 1` 1• 04 — f iit r- • F- • • w » 1 •, + • ! . rte 1•• mot: s 1 ti 1 ' •• 1 r • i • ti It = - • y 1- r w t• ai • i_ r — to 1• r • r s` w  r. • • 1-•