Fort Walton Beach Ordinance — 2030--Rezone 115 Miracle Strip Pkwy to CG — reading text

READING } lst I Znd ORDINANCE 2030 o' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY DESCRIBED AS ll5 MIRACLE STRIP PARKWAY SOUTHWEST, MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, TO BE REZONED CG ( COMMERCIAL) ZONING DISTRICT; PROVIDING FOR THE AMENDMENT OF THE AFFECTED PORTION OF THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTNE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: Section 1. Authority and Intent A. The authority for enactment of this ordinance is contained in Chapter 166. 021 and other provisions of the Florida Statutes and Section 2 of the City Charter. B. The Local Planning Agency held a public hearing and considered this ordinance on June 4, 2020. The City Council conducted public hearings on June 9, 2020 and June 23, 2020 after giving due public notice. Section 2. Findings of Fact City Council hereby finds the following: A. That the proposed zoning is consistent with the proposed Future Land Use category according to Table 2. 01. 05. B. That the uses within the requested zoning district are compatible with the uses in the adjacent zoning districts. C. That the requested use is not substantially more intense or less intense than allowable development on adjacent parcels. D. That the requested use is based on soil types, topography, protection of natural resources, and protection of designated historical areas. Section 3. Property Rezoned The following described property is hereby zoned CG ( Commercial) zoning district: A PARCEL OF LAND LYING IN SECTIONS 14 AND 23, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA BEING A PORTION OF THE LANDS DESCRIBED 1N DEED BOOK 56, PAGE 464, DEED BOOK 44, PAGE 135, AND DEED BOOK 49, PAGE 29, PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA DESCRIBED AS FOLLOWS: COMMENCE AT A PK NAIL MARKING THE NORTHEAST CORNER OF SECTION 23, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA SAME BEING THE SOUTHEAST  CORNER OF SECTION 14, THENCE NORTIH 88 DEGREES 45 MINUTES 33 SECONDS WEST ALONG NORTH LINE OF SAID SECTION 23 AND SOUTIH L1NE OF SAID SECTION 14 A DISTANCE OF 2346. 29 FEET, TO ITS INTERSECTION WITH THE EAST LINE OF SEABREEZE EIGHTH ADDITION AS RECORDED IN PLAT BOOK 5, PAGE 19, PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE SOUTH O1 DEGREES 09 MINUTES 28 SECONDS WEST ALONG SAID EAST LINE OF SEABREEZE EIGHTH ADDITION A DISTANCE OF 60. 02 FEET TO A CONCRETE MONUMENT; THENCE SOUTH 83 DEGREES 26 MINUTES 04 SECONDS EAST A DISTANCE OF 9. 96 FEET TO A CONCRETE MONUMENT; THENCE SOUTH O1 DEGREES 04 MINUTES 42 SECONDS WEST ALONG SAID EAST LINE OF SEABREEZE EIGHTH ADDITION A DISTANCE OF 99. 06 FEET TO AN IRON ROD ON THE NORTH RIGHT- OF- WAY OF U. S. HIGHWAY 98 MIRACLE STRIP PARKWAY); THENCE SOUTHEASTERLY ALONG CURVED RIGHT- OF- WAY, CURVE BEING CONCAVE TO THE NORTH, HAVING A MEASURED RADIUS OF 20, 476. 69 FEET, A CENTRAL ANGLE OF 0 DEGREES 22 MINUTES 14 SECONDS, A CHORD BEARING AND CHORD OF SOUTH 80 DEGREES 59 MINUTIES 43 SECONDS EAST 132. 48 FEET, AN ARC DISTANCE OF 132. 48 FEET; THENCE DEPARTING SAID RIGHT- OF- WAY NORTH 08 DEGREES 13 MINUTES 14 SECONDS EAST A DISTANCE OF 243. 33 FEET; THENCE NORTH 69 DEGREES 46 MINUTES 59 SECONDS WEST A DISTANCE OF 59. 74 FEET; THENCE NORTH 10 DEGREES 47 MINUTES 07 SECONDS EAST A DISTANCE OF 68. 38 FEET; TIHENCE NORTH 81 DEGREES 46 MINUTES 48 SECONDS WEST A DISTANCE OF 27. 89 FEET; THENCE SOUTH 43 DEGREES 32 MINUTES 12 SECONDS WEST A DISTANCE OF 146. 15 FEET TO THE AFORESAID EAST L1NE OF SEABREEZE EIGHTH ADDITION; THENCE SOUTH Ol DEGREES 09 MINUTES 28 SECONDS WEST A DISTANCE OF 45. 85 FEET TO THE POINT OF BEGINNING. SAID TRACT LYING AND BEING IN SECTIONS 14 AND 23, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA. The total actual acreage of above described property is approximately 0. 98 acres. Section 4. Amendment of the Official Zoning Map The Official Zoning Map of the City of Fort Walton Beach is hereby amended to change the zoning classification of the subject properties from CF ( Community Facilities) to CG Commercial). Section 5. Severability If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. Section 6. Effective Date This ordinance shall take effect upon adoption on second reading by City Council, signature of the Mayor, and shall be contingent upon approval of Ordinance 2029, amending the future land use of the property. Adopted: ' n a , cj v Richard A. Rynearson, ayor Attest: Approved for form, le ficienc Kim . Barnes, City Clerk ywa ykes, Jr. ' yA ey aas W c ro o s m s " q ftoRw