Fort Walton Beach Ordinance — 2060--Rezoning--1106 Hospital Road — reading text

READING DATE Ist 2.uaA ORDINANCE 2060 2nd 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 1106 HOSPITAL ROAD, 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 March 25, 2021, the Growth Management Department received an application for voluntary annexation of property located at 1106 Hospital Road into the City limits of Fort Walton Beach, Florida; WHEREAS, 1106 Hospital Road, 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 1106 Hospital Road 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 April 8, 2021. The City Council conducted public hearings on April 13, 2021 and April 27, 2021, 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: 34- 15- 24- 0000-0052- 0040 PARCEL 1: LEGAL DESCRIPTION AS FURNISHED: OFFICIAL RECORDS BOOK 729, PAGES 22 AND 23. BEGIN ( POINT OF COMMENCEMENT) AT A POINT ON THE NORTH RIGHT-OF- WAY LINE OF RACETRACK ROAD 693. 00 FEET WEST OF THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA, AS ESTABLISHED BY THE U. S. C. AND G. S. DEPENDENT RESURVEY; THENCE NORTH 01 DEGREES 00 MINUTES EAST, 2123. 84 FEET TO A CONCRETE MONUMENT; THENCE ALONG THE SAME LINE 504. 63 FEET TO A CONCRETE MONUMENT; THENCE NORTH 89 DEGREES 11 MINUTES WEST, 640. 53 FEET TO THE WEST LINE OF AN EXISTING 66 FEET RIGHT- OF- WAY; THENCE SOUTH 01 DEGREES 00 MINUTES WEST, 181. 96 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 35 MINUTES WEST 231. 94 FEET; THENCE SOUTH O1 DEGREES 00 MINUTES WEST 55. 00 FEET; THENCE SOUTH 88 DEGREES 35 MINUTES EAST 231. 94 FEET TO THE WEST LINE OF AN EXISTING 66 FEET RIGHT-OF- WAY; THENCE NORTH 01 DEGREES 00 MINUTES EAST 55. 00 FEET TO THE POINT OF BEGINNING. PARCEL IA: LEGAL DESCRIPTION AS FURNISHED, OFFICIAL RECORDS BOOK 146B, PAGE 1553. A PARCEL OF LAND IN SECTION 34, TOWNSHIP 1 SOUTH, RANGE 24 WEST, IN OKALOOSA COUNTY, FLORIDA DESCRIBED AS COMMENCING AT A POINT ON THE NORTH RIGHT- OF- WAY LINE RACETRACK ROAD, 693. 00 FEET WEST OF THE SOUTHEAST CORNER OF SAID SECTION 34, AS ESTABLISHED BY THE U. S. C. & G. AND G. S. DEPENDENT RESURVEY; THENCE NORTH O1 DEGREES 00 MINUTES 00 SECONDS EAST, 2123. 84 FEET TO A CONCRETE MONUMENT; THENCE CONTINUING ALONG THE SAME LINE 504.63 FEET TO A CONCRETE MONUMENT; THENCE NORTH 89 DEGREES 11 MINUTES 00 SECONDS WEST, 640. 53 FEET TO AN IRON PIN AT THE WEST RIGHT- OF- WAY LINE OF AN EXISTING RIGHT-OF- WAY (HOSPITAL DRIVE): THENCE SOUTH O1 DEGREES 00 MINUTES 00 SECONDS WEST 181. 96 FEET ( 181. 77 FEET MEASURED) ALONG SAID WEST RIGHT-OF- WAY LINE; THENCE NORTH 88 DEGREES 35 MINUTES 00 SECONDS WEST ( REFERENCE BEARING), 231. 94 FEET ( 232.07 FEET MEASURED) TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 32. 02 FEET; THENCE SOUTH 01 DEGREES 00 MINUTES 00 SECONDS WEST, 55. 06 FEET; THENCE SOUTH 88 DEGREES 35 MINUTES 00 SECONDS EAST, 32. 02 FEET; THENCE NORTH 01 DEGREES 00 MINUTES 00 SECONDS EAST, 55. 06 FEET TO THE POINT OF BEGINNING. ALL LOCATED IN SECTION 34, TOWNSHIP 1 SOUTH, RANGE 24 WEST. OKALOOSA COUNTY, FLORIDA. PARCEL 1B, A PARCEL OF LAND IN SECTION 34, TOWNSHIP 1 SOUTH 1, RANGE 24 WEST IN OKALOOSA COUNTY, FLORIDA DESCRIBED AS COMMENCING AT A POINT ON THE NORTH RIGHT- OF- WAY THE OF RACETRACK ROAD, 693. 00 FEET WEST OF THE SOUTHEAST CORNER OF SAID SECTION 34, AS ESTABLISHED BY THE U.S. C. & G. AND G. S. DEPENDENT RESURVEY; THENCE NORTH 01 DEGREES 00 MINUTES 00 SECONDS 2123. 84 FEET TO A CONCRETE MONUMENT; THENCE CONTINUING ALONG THE SAME LINE 504. 63 FEET TO A CONCRETE MONUMENT ( NO.#); THENCE NORTH 89 DEGREES 11 MINUTES DO SECONDS WEST. 540. 53 FEET TO AN IRON PIN AT THE WEST RIGHT- OF-WAY LINE OF AN EXISTING RIGHT- OF-WAY ( HOSPITAL DRIVE); THENCE SOUTH 01 DEGREES 00 MINUTES 00 SECONDS WEST 181. 96 FEET ( 181. 77 FEET MEASURED) ALONG SAID WEST RIGHT-OF- WAY LINE; THENCE NORTH 88 DEGREES 35 MINUTES 00 SECONDS WEST REFERENCE BEARING) 264.09 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 24.00 FEET; THENCE SOUTH 01 DEGREES 00 MINUTES 00 SECONDS WEST, 55. 06 FEET; THENCE SOUTH 88 DEGREES 35 MINUTES 00 SECONDS EAST 24 FEET; THENCE NORTH 01 DEGREES 00 MINUTES 00 SECONDS EAST, 55. 06 FEET; THENCE THE POINT OF BEGINNING. ALL LOCATED IN SECTION 34, TOWNSHIP 1 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA. PARCEL IC, LEGAL DESCRIPTION AS FURNISHED, OFFICIAL RECORDS BOOK 2205, PAGE 3376. A PARCEL OF LAND IN SECTION 34, TOWNSHIP 1 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCE AT A POINT ON THE NORTH RIGHT-OF- WAY LINE OF RACETRACK ROAD, 693. 0 FEET WEST OF THE SOUTHEAST CORNER OF SAID SECTION 34, AS ESTABLISHED BY THE U. S. C. & G. S. DEPENDENT RESURVEY; THENCE NORTH 01 DEGREES 00 MINUTES 00 SECONDS EAST 2123. 84 FEET TO A CONCRETE MONUMENT ( NO#); THENCE CONTINUE ALONG THE SAME LINE 504. 63 FEET TO A CONCRETE MONUMENT ( NO#); THENCE NORTH 89 DEGREES 11 MINUTES 00 SECONDS WEST 640. 53 FEET TO THE WEST RIGHT-OF- WAY OF HOSPITAL DRIVE ( 66 FEET RIGHT-OF- WAY); THENCE SOUTH 01 DEGREES 00 MINUTES 00 SECONDS WEST 181. 96 FEET ALONG SAID RIGHT-OF-WAY; THENCE DEPARTING HOSPITAL DRIVE RUN N 88 DEGREES 35 MINUTIES 00 SECONDS WEST 287. 96 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01 DEGREES 00 MINUTES 00 SECONDS WEST 55. 06 FEET; THENCE NORTH 88 DEGREES 35 MINUTES 00 SECONDS WEST 35. 00 ( 35. 03) FEET THENCE NORTH 01 DEGREES DO MINUTES 00 SECONDS EAST 55. 06 FEET; THENCE SOUTH 88 DEGREES  35 MINUTES 00 SECONDS EAST 35.00 ( 34.98) FEET TO THE POINT OF BEGINNING. PARCEL 2, LEGAL DESCRIPTION AS FURNISHED, OFFICIAL RECORDS BOOK 1160, PAGE 890. BEGIN AT A POINT ON THE NORTH RIGHT-OF- WAY LINE OF RACETRACK ROAD 693. 00 FEET WEST OF THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA, AS ESTABLISHED BY THE U. S. C. AND G. S. DEPENDENT RESURVEY; THENCE NORTH 01 DEGREES 00 MINUTES EAST 2123. 84 FEET TO A CONCRETE MONUMENT; THENCE ALONG THE SAME LINE 504.63 FEET TO A CONCRETE MONUMENT; THENCE NORTH 89 DEGREES 11 MINUTES WEST, 640. 53 FEET TO THE WEST LINE OF AN EXISTING 66. 00 FOOT RIGHT-OF- WAY; THENCE SOUTH 01 DEGREES 00 MINUTES WEST 301. 96 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 35 MINUTES WEST, 173. 96 FEET; THENCE SOUTH 01 DEGREES 00 MINUTES WEST, 65. 0 FEET, THENCE SOUTH 88 DEGREES 35 MINUTES EAST, 173. 96 FEET; THENCE NORTH 01 DEGREES 00 MINUTES EAST, 65. 00 FEET TO THE POINT OF BEGINNING. PARCEL 3: LEGAL DESCRIPTION AS FURNISHED: OFFICIAL RECORDS BOOK 1160, PAGE 891. BEGIN AT A POINT ON THE NORTH RIGHT- OF- WAY LINE OF RACETRACK ROAD 693. 00 FEET WEST OF THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 24 WEST, OKALOOSA, COUNTY, FLORIDA, AS ESTABLISHED BY THE U.S. C. AND G. S. DEPENDENT RESURVEY; THENCE NORTH 01 DEGREES 00 MINUTES EAST, 2123. 84 FEET TO A CONCRETE MONUMENT; THENCE ALONG THE SAME LINE 504. 63 FEET TO A CONCRETE MONUMENT; THENCE NORTH 89 DEGREES 11 MINUTES WEST 640.53 FEET TO THE WEST LINE OF AN EXISTING 66. 00 FOOT RIGHT-OF- WAY; THENCE SOUTH 01 DEGREES 00 MINUTES WEST 236.96 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 35 MINUTES WEST 173. 96 FEET; THENCE SOUTH 01 DEGREES 00 MINUTES WEST 65. 00 FEET; THENCE SOUTH 88 DEGREES 35 MINUTES EAST, 173. 96 FEET TO THE WEST LINE OF AN EXISTING 66 FOOT RIGHT-OF- WAY; THENCE NORTH 01 DEGREES 00 MINUTES EAST, 65. 00 FEET TO THE POINT OF BEGINNING. The total actual acreage of above described property is approximately 0.94 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 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 approval of Ordinances No. 2058 & No. 2059. Adopted: IL& M ayi -IQ32 Richard A. Rynearson, M or Attest: Approved for form, Kim A Barnes, City Clerk Jr.,  Exhibit " A" Location Map 1005 Mar Walt Drive - 34- 1S- 24- 0000- 0052- 0130 999 Mar Walt Drive - 34 -1S -24- 0000- 0053- 004A 1100 Hospital Road - 34- 1S- 24- 0000- 0052- 0100 1106 Hospital Road - 34- iS- 24- 0000- 0052- 0040 1110 & 1112 Hospital Road - 34- 1S- 24- 0000- 0052- 0080 City of Fort Walton Beach Planning Division ygv 1 Request Sites 1 0 200 400 Feet N E W4 5