Fort Walton Beach Ordinance — 2141--Rezone 327 Eglin Parkway N to CG — reading text

FRG DATE 11st ORDIINANCE 21411 2nd 13' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE PROPERTY LOCATED AT 327 EGLIN PARKWAY NORTH TO BE REZONED FROM MX-1 ( MIXED-USE MEDIUM) TO CG (COMMERCIAL); PROVIDING FOR THE AMENDMENT OF THE AFFECTED PORTION OF THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABHATY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on January 31, 2024, the Growth Management Department received an application, 2024-01- 16, to amend the City' s official zoning designation to CG ( Commercial) for the property addressed as 327 Eglin Parkway N; and WHEREAS, staff has determined CG ( Commercial) zoning is a compatible zoning for the existing future land use of MU (Mixed Use) at 327 Eglin Parkway N; and WHEREAS, City Staff has reviewed the applications, the applicable state statutes, City codes, and the City' s Local Planning Agency has reviewed the requested changes to the zoning of 327 Eglin Parkway N and has recommended to the City Council approval of the changes. 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 April 4, 2024. The City Council conducted public hearings on April 9, 2024, and August April 23, 2024, 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:  Property located at 327 Eglin Parkway N ( Parcel ID No: 01- 25- 24- 2202- 0000- 0010) A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 2 SOUTH, RANGE 24 WEST, BEING A PORTION OF LOT 1, MARKETPLACE AT EGLIN PARKWAY, AS RECORDED IN PLAT BOOK 28, PAGES 23- 24, OF THE PUBLIC RECORDS OF OKALOOSA COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE AFOREMENTIONED LOT 1, SAID CORNER LYING ON THE WESTERLY RIGHT-OF- WAY LINE OF MIDDLE DRIVE ( 100 FOOT RIGHT-OF- WAY) AND THE NORTHERLY RIGHT-OF- WAY LINE OF SOUTH AVENUE ( 60 FOOT RIGHT- OF- WAY); THENCE GO N 27° 16' 30" E ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF" 191. 34 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WESTERLY RIGHT-OF- WAY LINE, GO N 62° 43' 3D" W, A DISTANCE OF 339.07 FEET; THENCE GO N 27° 16' 30" E, A DISTANCE OF 15. 00 FEET; THENCE GO N 62° 43' 30" W, A DISTANCE OF 40. 93 FEET TO A POINT LYING ON THE EASTERLY RIGHT-OF- WAY LINE OF STATE ROAD NO. 85 ( 100 FOOT RIGHT- OF- WAY); THENCE GO N 27° 16' 30" E ALONG SAID EASTERLY RIGHT- OF- WAY LINE, A DISTANCE OF" 283. 85 FEET TO THE NORTHWESTERLY CORNER OF LOT 1; THENCE GO ALONG THE NORTHERLY BOUNDARIES OF SAID LOT 1 THE FOLLOWING TWO ( 2) CALLS: 1) S 62° 43' 30" E, A DISTANCE OF 200. 00 FEET; 2) N 27° 16' 30" E, A DISTANCE OF 115. 00 FEET TO A POINT LYING ON THE SOUTHERLY RIGHT-OF- WAY LINE OF FIRST AVENUE; THENCE GO S 62° 43' 30" E ALONG SAID SOUTHERLY RIGHT-OF- WAY LINE, A DISTANCE OF 180. 00 FEET TO THE NORTHEAST CORNER OF LOT 1, SAID POINT LYING ON THE AFOREMENTIONED WESTERLY RIGHT-OF- WAY LINE OF MIDDLE ROAD; THENCE GO S 27° 16' 30" W ALONG SAID WESTERLY RIGHT- OF- WAY LINE, A DISTANCE OF 413. 85 FEET TO THE POINT OF BEGINNING. The total actual acreage of the above-described property is approximately 3. 07 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 MX-1 ( Mixed Use— Medium Intensity) 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 the City Council and signature of the Mayor. Adopted: Arg,, a 3 ti a-.oz. •-I tis a 4 Richard A. Rynearson, Mayor Attest: Approved as to legal form and sufficiency for the City q Fo 0.lton Beach, only. 2-7 3at-4,-------- 0 i Kim Barnes, City Clerk Fav1 wtro Kimberly Ro ano Kopp, City Attorney cfc 1  Exhibit " A" Location Map 327 Eglin Pkwy N 01- 2S- 24- 2202- 0000- 0010 4 City of Fort Walton Beach I= -- 11 Planning Division IIIII P4 icAL./ 111111 Vt 7"---.5441 ARLOWE•• R 111 6, _ * TAYLOR CIR 4 2 o 400 is 800 III 1. 1 wRequest Site Feet: Q-- 4,- 1111 gin O tr 476t j\ E S-- W e LEI in Ns VENPORT Mil-- Prepared b Y the City of Fort Walton Beach Legend GIS Division NO S Sp City Limits NIA 4' I IIvAllillikb- .— Mar SOUTH AVE Ig... . .. . ri- i' Pr aft , 1. f,.. pis NE m QP cu e * livik 40./* 41 4-' k f, Repaisoirmilift„„..._ waif i e if aft OleNMI Lilt isseighimmaivu. z. u' RecrsaWiv Eru eel * so o,%/ 11WDOIft Illifti y' RCIRN:-. --  Exhibit "B" Zoning 327 Eglin Pkwy N 01- 2S- 24- 2202- 0000- 0010 City of oq, Fort Walton Beach Planning Division II 4 4: 0—.JD,.,TAYLOR C1R 1111# r,..„