Fort Walton Beach Council agenda — 04-26-05 — reading text

1:= iLJ - I IT) J .: jll r 1 r:.:: Ii!( ~~( ti'\- II :::t:w )' \~ -- - x. t!' I > f- I-Ic '"- r...-....... T l:; f-- ..... t T li - '- -- t-- J. !;!! ELSEA DR - - -  ORDINANCE 1627 1 2 OF FORT WALTON BEACH, AN ORDINANCE OF THE CITY 3 REZONING OF CERTAIN PROPERTY FLORIDA, RELATING TO THE 4 BEACH LOCATED AT 628 5 WITHIN THE CITY OF FORT WALTON FOR AUTHORITY; COUNTRY CLUB AVENUE NE; PROVIDING 6 PROVIDING FOR PROPERTY PROVIDING FOR FINDINGS OF FACT; 7 COUNTY RUS ( RESIDENTIAL 8 TO BE REZONED FROM OKALOOSA FORT WALTON BEACH R-1A URBAN SINGLE) TO CITY OF 9 PROVIDING FOR A SINGLE FAMILY DWELLING) DISTRICT; 10 ( FOR REPEAL OF ANY ZONING MAP AMENDMENT; PROVIDING 11 FOR SEVERABILITY; 12 CONFLICTING ORDINANCES; PROVIDING DATE. 13 AND PROVIDING FOR AN EFFECTIVE 14 THE CITY OF FORT BE IT ORDAINED BY THE CITY COUNCIL OF 15 NOW, THEREFORE, AS FOLLOWS: 16 WALTON BEACH, FLORIDA, 17 is Section 2, of The authority for enactment of this ordinance 18 SECTION 1. AUTHORITY. 166. 021( 1), Florida Statutes. 19 the City Charter, and Section 20 of Fort Walton Beach 2. FINDINGS OF FACT. The City Council of the City 21 SECTION 22 finds the following: 23 of Fort Walton for rezoning was received by the City 24 A. WHEREAS, an application of the subject property; Brooks, the fee simple title holder 25 Beach from Keith and Kimberly 26 and, 7, 27 was held before the Municipal Planning Board on April 28 B. WHEREAS a public hearing be approved; Board has recommended the request 29 2005, and the Municipal planning 30 and, 31 after giving due C. WHEREAS, the City Council has conducted two public hearings 32 Statutes; and, to Section 166. 041( 3) ( a), Florida 33 public notice pursuant 34 NE, comprises 0. 34 located at 628 Country Club Avenue 35 D. WHEREAS, the property, or less, and is legally described in Section 3 below; and 36 acres more 37 Plan, E. WHEREAS, the rezoning is consistent with the City's Comprehensive 38 and as amended January 28, 2005, by 39 22, 2000, by Ordinance 1401, adopted August 40 Ordinance 1615. 41 as Lot 3, Block The property legally described 42 SECTION 3. PROPERTY REZONED. recorded in Plat according to the plat thereof 43 F, Country Club Estates Subdivision Florida. C. 44 Book 3, 41 of the public records of Okaloosa ounty, Page 4S 46 of the City of Fort SECTION 4. ZONING MAP AMENDMENT. The Official Zoning Map 47 Article III. ZONING, DIVISION in the Land Development Code, 48 Walton Beach, as described is hereby amended ZONING MAP, Section 20-382, 49 3. ZONING DISTRICTS ESTABLISHED; Urban Single) Residential from Okaloosa County RUS ( 50 to include a change of classification PaQe 1 of 2 1- 05 Draft 3-  is legally described in District for the specific parcel which 51 to R- 1A ( Single Family Dwelling) 52 Section 3 above. 53 All other ordinances or ORDINANCES. 54 SECTION 5. REPEAL OF ANY CONFLICTING are hereby repealed which are in conflict with this ordinance, 55 provisions of other ordinances, 56 to the extent of such conflict. 57 section, phrase, sentence, or portion of this Ordinance 58 SECTION 6. SEVERABILITY. If any such held invalid or unconstitutional by any court of competent jurisdiction, 59 is, for any reason, and such holding distinct, and independent provision, portion shall be deemed separate, a 60 thereof. 61 shall not affect the validity of the remaining portions 62 This Ordinance shall take effect immediately upon 63 SECTION 7. EFFECTIVE DATE. of the Mayor. 64 approval by Council and signature 65 66 67 68 ADOPTED: 69 70 MAYOR: 71 72 73 ATTEST: 74 75 76 Helen Spencer, City Clerk sufficiency. Approved as to form and legal 77 78 79 Toni L.Craig, City Attorney 80 81 82 83 84 85 86 87 88 89 90 91 92 93 Pace 2 of 2 Draft 3-1- 05  MUNICIPAL PlANNING BOARD APRIL 7, 2005 MEETING AGENDA ITEM IV. C. MPB CASEJ05-5.. RZ CITY OF FORTWAlTON BEACH. FLORIDA, CONSIDERATION OF AN ORDINANCE OF THE RELATtNG TO THEREZONtNG OF CERTAIN PROPERrYWITMIN THE CITY OF FORT CLUB AVENUE He;PROVIDING FOR WALTON:BEACH LOCATED AT 628 COUNTRY TO BE OF FACT; PROVIDING FOR PROPeRTY AlITHORITV; PROVIDING FOR ANDINGS URBAN SINGLE) TO ctlY OF RESIDENTIAL REZONED FROMOKALOOSA COUNTY RUS ( DISTRICT; PROVIDING FORA FORT WALTON BEACH RAA (SINGLE FAMILY DWElliNG) FOR REPEAL OF-NtfCONRJCTING ZONING MAP AMENDMENT; PROVIDING PROVIDING FOR SEVERABIlITY; AND PROVIDING.FOR AN EFFECTIVE ORDINANCES; KE1THAND KIMBERlY BROOKS. OWNERS. ( CDS DATE..ReaUESTED BY CITY FOR STAFF) SEE ( BACKUP)  CITY OF FORT WALTON BEACH MEMORANDUM Date: March 23, 2005 To: Chairman and Members Municipal Planning Board Through: Missy McKim, CDS Director.F FrofII: Subject: Len Mitchell, Planning ManagEIf' -/ IJ7r' Consideration of Ordinance 1627. Request to Rezone 628 Country Club Avenue NE from RUS ( ReSidential Urban Single) District to R- 1A (Single Family Dwe11ing) District. Requested by City for Keith anQ Kimberly Brooks - MPB Case#05- 5- RZ 4: I. AAh.. THE REQ~ EST: The Department of Community Development Services (CDS) is processing on behalf of ~, ith and Kimberly Brooks, owners, a request to rezone from Okaloosa County RUS (