Fort Walton Beach Ordinance — 1862 - FLUM admend Brooks Street — reading text

READING DATE e id " rUa tat 3 3oew - Purr 2nd '' ORDINANCE 1862 $, RIIAINI I ':] nweUKi' C+lSvc AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA AMENDING THE CITY'S COMPREHENSIVE PLAN TO AMEND THE FUTURE LAND USE MAP FOR PROPERTY DESCRIBED AS 227 & 229 BROOKS STREET SE, MORE PARTICULARY DESCRIBED IN THE BODY OF THE ORDINANCE, FROM MDR MEDIUM DENSITY RESIDENTIAL) TO MU ( MIXED USE); PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONSISTENCY; 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 163. 3187, Florida Statutes, Section 163. 3184, Florida Statutes, and Section 2 of the City Charter. SECTION 2. FINDINGS OF FACT. The City Council of the City of Fort Walton Beach finds the following: A. That the proposed amendment involves the use of ten ( 10) acres or less. B. That the cumulative effect of the comprehensive plan amendment as set forth herein does not exceed one hundred -twenty ( 120) acres annually. C. That the comprehensive plan amendment as set forth herein does not involve property for which a comprehensive plan amendment has been granted within the last year. D. That the comprehensive plan amendment as set forth herein does not involve the same owner's property within two hundred ( 200) feet of property granted a change within the prior twelve ( 12) months. E. The proposed amendment does not involve a text change to the goals, objectives and policies of the Comprehensive Plan, but only proposes a land use change to the future land use map for a site -specific small scale development activity. F. The property that is the subject of the proposed amendment is not located within an area of critical state concern. G. A public hearing has been conducted by the Local Planning Agency, after due public notice, pursuant to Section 163. 3184 ( 15) ( c), Florida Statues, with its recommendations reported to the City Council. H. A public hearing has been conducted by the City Council, after due public notice pursuant to Section 163. 3184 ( 15) ( c), Florida Statutes.  SECTION 3. AMENDMENT OF FUTURE LAND USE ELEMENT. The City's Comprehensive Plan 2011 -2021, adopted by ordinance on February 8, 2011, by the City of Fort Walton Beach, is hereby amended as follows: A. That City of Fort Walton Beach Future Land Use Map of the Future Land Use Element is amended to reflect that the land use designation of the following described property is hereby changed from MDR, Medium Density Residential, to MU, Mixed Use: GREATER CAMP WALTON BEGINNING POINT ON NORTH R/ W OF BROOKS STREET & CENTERLINE OF ALLEY BETWEEN LOTS 71A & 72, NORTH 114 FEET, EAST 81 FEET, SOUTHEAST 38 FEET TO NORTH R/ W OF BROOKS STREET SOUTHWESTERLY 114 FEET TO POINT OF BEGINNING KWIC GREATER CAMP WALTON LOTS 68 THRU 71A LESS THE NORTH PART OF LOT 68 AS OR 338 PG479 AND LESS BEGINNING POINT ON NORTH R/ W OF BROOKS STREET & CENTERLINE OF ALLEY BETWEEN LOTS 71A & 72 NORTH 114 FEET, EAST 81 FEET, SOUTHEAST 38 FEET TO NORTH R/ W OF BROOKS STREET SOUTHWESTERLY 114 FEET TO POINT OF BEGINNING SECTION 4. INTERNAL CONSISTENCY. The comprehensive plan amendment as set forth herein preserves the internal consistency of the City' s comprehensive plan as adopted. SECTION 5. EFFECTIVE DATE. The effective date of this small scale plan amendment shall be 31 days after adoption, unless the amendment is challenged pursuant to Section 163. 3187( 3) of the Florida Statutes. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Economic Opportunity, Division of Community Planning, or the Administration Commission, fording the amendment in compliance in accordance with Section 163. 3184 of the Florida Statutes. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by the adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Economic Opportunity, Division of Community Planning. Adop[ed:d Mike Anderson, Mayor Attest: Approved for legal sufficiency. 0 elen Spencer, uvity Clerk ayway ykes,76me FILE # 2679485 RCD: 01/ 05/ 2011 @ 08: 57 AM, SK: 2967 PG: 3251 RECORDING: 15. 00 RECORDING ARTICLE V: 12. 00 DEED DOCSTAMPS $ 0. 70 DEPUTY CLERK PDUNN DON A. HOWARD, CLERK OF COURTS, OKALOOSA COUNTY FL 0O qqdh vd etlwn b: J. MNFieher, Eq_.1< B SE Ftiak SbV MM' -. Sete 2. fdl WNM BOO4 Fl. J13M l50) 2Nd9t9 aS011 Fm ip0.PirAD3 The preparer hereof has not been regneated to provide the accuracy Of the legal description and assume. no liability for the Barra. Property Appraisers Parcel Idmlificason No.: 2 2c. 24- 1070- QQWI7IA 227 Brooks St PERSONAL REPRESENTATIVE' S DEED DEC 8 12010 between GLENDA G. This personal Representatives Deed, executed GUELDE, Personal Representative for the Estate of EMILIE SCHWURZAIGER BARNES a/ Wa EWLIE S. BARNES a/ Wa EMILLE BARNES, File No. 2010 -CP -703, and who was appointed whose postpersonal Representative office address with Street, is 4848 Boat LettersOrange of Administration io m 36561, and GLENDA G. the State n Florida, whose GUELDE and EUGENE GUELDE, husband and wife (Grantee), post office address is 4848 Boat Street, Orange Beach, Alabama 36561. WITNESSETH, that Grantor, for and in consideration ofthe sum ofTEN DOLLARS (SI0.00) and other good and valuable consideration, in hand paid by Grantee, the receipt whereof is hereby acknowledged, conveys to Grantee and Grantee's heirs, successor trustees, executors, administrators and assigns forever with full power and authority to protect, conserve and to sell, or to lease or to encumber, or otherwise manage or dispose ofthe following described land, situate lying and being in the County of Okaloosa, State of Florida, to wit: SEE ATTACHED EXHIBIT " V And Grantor covenants with the Grantee that, except as noted, at the time of the delivery of this deed: 1 Grantor was well seized of the aforesaid premises; 2. Grantor had good right and title to convey; 3. The premises ate free from all encumbnmces m Grantee except as follows: Restriction and easements of record and all taxes for the current year and thereafter. 4. Grantee shall have the peaceable and quiet possession thereof; 5. Grantor shall fully warrant the title and defend it against the lawful claims of all persons whomsoever; and 6. Grantor will make such further assurance to perfect the fee simple title in Grantee and Grantee' s heirs, executors, administrators and assigns as may be reasonably required. SK: 2967 PG: 3252 SIGNED, SEALED AND DELIVERED IN OUR PRESENCE: WITNESSES: 1T v GLENDA G. GDELDE, Penoaal Repremetative of the Estate of Mot No.' Tammy L Quinlia EMILIE SCHWUR2INGER BARNES alk/ a EMILIE S. BARNES aWa EMILLE BARNES ldehasa R. Smtdl Mot Name: STATE OF FLORIDA COUNTY OF administer oaths and take eckvowledgments, I CERTIFY, that on Ibis day, before me, oHber duty Guth penonelly appeared GLENDA G. GUEL natty kvown b me be the person dc= ibed in and who executed the icmioe, who eckawwledged before me that she executed ongoing inshmnmt or has ptoducd _ same, end an oath was not takm. r l ck! on this day W' tness y band and sect in the County ofixaywv,Smle of —',) ^ ota e PdFll F dI1H to yq n t, 1, 1 1 T , a y fi I BK: 296i PG: 3253 1: 11: Legal description of 227 Brooks St Fort Walton Beach, FL, 32547) Beginning at a point 155 -feat East of Florida Blanca 3t., as nox actually .laid out, which point is the point of intersection of the center line of that certain alleyway r®aing between Lots 71 -A and Lot 72 of Greater Camp Welton Subdivision and Worth side of Brooks Street; thence northerly along said center line 124 feet; thence right 900001 Easterly 81 feet; thence angle right 830231 a dist- ance of 38. 82 feet to Borth side Brooks Street; thence South et- h distances gientherein are subject toHat ttaced street that d ionwi ciain handed down by the Circuit Court of -Ckaloosa County, Annie 8loridr4