Fort Walton Beach Ordinance — 2032--Rezone 327 Eglin to MX-2 — reading text

READING DATE 1st 2nd ° ORDINANCE 2032 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR A PORTION OF THE PROPERTY LOCATED AT 327 EGLIN PARKWAY NORTH TO BE REZONED FROM MX -1 ( MIXED-USE MEDIUM) TO MX -2 ( MIXED-USE HIGH); PROVIDING FOR THE AMENDMENT OF THE AFFECTED PORTION OF THE OFFICIAL ZONING MAP; 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 AND INTENT A. The authority for enactment ofthis 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 August 6, 2020. The City Council conducted public hearings on August 11, 2020 and August 25, 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 MX -2 ( Mixed Use — High Intensity) zoning district: Property located at 325 Eglin Parkway N ( Parcel ID No: 01- 2S-24- 2202-0000- 0020) is being expanded to include a portion of the property located at 327 Eglin Parkway N. ( Parcel ID No: 01- 2S- 24- 2202- 0000- 0010). Underlying zoning at 325 Eglin Parkway is already MX -2. A PARCEL OF LAND LYING IN SECTION 1, TOWNSHIP 2 SOUTH, MARKETPLACE AT RANGE 24 WEST, BEING A PORTION OF LOT 1, 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: BEGIN 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 87058' 54" W ALONG SAID NORTHERLY RIGHT- OF- WAY LINE, A DISTANCE OF 211. 74 FEET TO THE SOUTHEAST CORNER OF LOT 2 OF THE AFOREMENTIONED MARKETPLACE AT EGLIN PARKWAY; THENCE DEPARTING SAID NORTHERLY RIGHT-OF- WAY LINE, GO N 27016' 30" E ALONG THE EASTERLY LINE OF SAID LOT 2, A DISTANCE OF 140.78 FEET TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE GO N 62043' 30" W ALONG THE NORTHEASTERLY LINE OF SAID LOT 2, A DISTANCE OF 188. 50 FEET TO THE NORTHWEST CORNER OF SAID LOT 2, SAID POINT LYING ON THE EASTERLY RIGHT-OF- WAY LINE OF STATE ROAD NO. 85 ( 100 FOOT RIGHT-OF- WAY); THENCE DEPARTING SAID NORTHWEST CORNER, GO N 27016' 30" E ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 155. 90 FEET; THENCE GO S 62043' 30" E, A DISTANCE OF 40.93 FEET; THENCE GO S 27016' 30" W A DISTANCE OF 15. 00 FEET; THENCE GO S 62043' 30" E, A DISTANCE OF FEET TO A POINT LYING ON THE AFOREMENTIONED 339.07 WESTERLY RIGHT-OF- WAY LINE OF MIDDLE DRIVE; THENCE GO S 27016' 30" W ALONG SAID WESTERLY RIGHT- OF- WAY LINE, A DISTANCE OF 191. 34 FEET TO THE POINT OF BEGINNING. The total actual acreage of above described property is approximately 1. 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 properties from MX -1 ( Mixed Use — Medium Intensity) to MX -2 ( Mixed Use —High Intensity). 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. Adopted: ichard A. Rynearson, M yor Attest: Approved for v.'- KimJ.. J/" -' , '. z Barnes, City Clerk Dykes, W,City