Fort Walton Beach Ordinance — 2096--Zoning--201 Lovejoy Rd NW — reading text

AN 2096 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT ma - 2nd WALTON BEACH, FLORIDA, PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY DESCRIBED AS 201 LOVEJOY ROAD NW, MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, TO BE ZONED CG COMMERCIAL) ZONING DISTRICT; PROVIDING FOR THE AMENDMENT OF THE AFFECTED PORTION OF THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on January 18, 2022, the Growth Management Department received an application for voluntary annexation of property located at 201 Lovejoy Road NW into the City limits of Fort Walton Beach, Florida; WHEREAS, 201 Lovejoy Road NW, if annexed, must be assigned a future land use and zoning designation based on current City of Fort Walton Beach future land use and zoning designations: WHEREAS, Section 2.01. 05 of the City' s Land Development Code outlines the criteria used in determining the appropriate zoning district; and WHEREAS, City Staff has conducted an analysis of 201 Lovejoy Road NW consistent with 2.01. 05 of the City' s Land Development Code and recommends that the property be rezoned to CG ( Commercial) zoning district. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: 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 February 3, 2022. The City Council conducted public hearings on February 22, 2022 and March 8, 2022, 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: Parcel ID No: 09 -2S -24- 244A-0001- 0010 LOT 1 AND 2, BLOCK 1, SYLVANIA HEIGHTS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 48, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA. TOGETHER WITH THE NORTH 1/ 2 OF THE THAT PORTION OF THE VACATED RIGHT OF WAY OF LOVEJOY ROAD LYING SOUTH OF AND ADJACENT TO LOTS 1 AND 2, BLOCK 1, SYLVANIA HEIGHTS SUBDIVISION, AND NORTH OF RIGHT OF WAY LINE OF LOVEJOY ROAD AS PRESENTLY ESTABLISHED. LYING AND BEING IN SECTION 9, TOWNSHIP 2 SOUTH, RANGE 24 WEST. The total actual acreage of above-described property is approximately 0.66 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 property from NZ (Not Zoned) 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 and signature of the Mayor; and shall be contingent upon adoption of Ordinances No. 2094 & No. 2095. Adopted: are Ff . Cc,. Richard A. Rynearson, M yor