Fort Walton Beach Council agenda — 05-10-05 — reading text

10 ( SINGLE FAMILY DWELLING) DISTRICT; PROVIDING FOR A 11 ZONING MAP AMENDMENT; PROVIDING FOR REPEAL OF ANY 12 CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; 13 AND PROVIDiNG FOR AN EFFECTIVE DATE. 14 15. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT 16 WALTON BEACH, FLORIDA, AS FOLLOWS: 17 18 SECTION 1. AUTHORITY. The authority for enactment of this ordinance is Section 2, of 19 the City Charter, and Section 166.021( 1), Florida Statutes. 20 21 SECTION 2. FINDINGS OF FACT. The City Council of the City of Fort Walton Beach 22 finds the following: 23 24 A. WHEREAS, an application for rezoning was received by the City of Fort Walton 25 Beach from Keith and Kimberly Brooks, the fee simple title holder of the subject property; 26 and, 27 28 B. WHEREAS a public hearing was held before the Municipal Planning Board on April 7, 29 2005, and the Municipal Planning Board has recommended the request be approved; 30 and. 31 32 C. WHEREAS. the City Council has conducted two pubUc hearings after giving due 33 public notice pursuant to Section 166.041( 3) ( a). Florida Statutes; and. 34 35 D. WHEREAS. the property, located at 628 Country Club Avenue NE. comprises 0. 34 36 acres more or less. and is legally described in Section 3 below; and 37 38 E. WHEREAS, the rezoning is consistent with the City's Comprehensive Plan, 39 adopted August 22, 2000, by Ordinance 1401, and as amended January 28, 2005. by 40 Ordinance 1615. 41 42 SECTION 3. PROPERTY REZONED. The property legally described as Lot 3, Block 43 F, Country Club Estates Subdivision according to the plat thereof recorded in Plat 44 Book 3, Page 41 of the public records of Okaloosa C'ounty. Florida. 45 46 47 SECTION 4. ZONING MAP AMENDMENT. The Official Zoning Map of the City of Fort 48 Walton Beach. as d~ scribed in the Land Development Code, Article III. ZONING. DIVISION 49 3. ZONING DISTRICTS ESTABLISHED; ZONING MAP, Section 20- 382. is hereby amended 50 to include a change of classification from Okaloosa County RUS ( Residential Urban Single) Draft 3- 1- 05 PaQe 1 of 2 51 to R- 1A ( Single Family Dwelling) District for the specific parcel which is legally described in 52 Section 3 above. 53 54 SECTION 5. REPEAL OF ANY CONFLICTING ORDINANCES. All other ordinances or 55 provisions of other ordinances, which are in conflict with this ordinance, are hereby repealed 56 to the extent of such conflict. 57 58 SECTION 6. SEVERABILITY. If any section, phrase, sentence, or portion of this Ordinance 59 is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such 60 portion shall be deemed a separate, distinct, and independent provision, and such holding 61 shall not affect the validity of the remaining portions thereof. 62 63 SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect immediately upon 64 approval by Council and signature of the Mayor. 65 66 67 68 69 ADOPTED: 70 71 MAYOR: 72 73 ATTEST: 74 75 76 Helen Spencer, City Clerk 77 Approved as to form and legal sufficiency. 78 79 80 Toni L.Craig, City Attorney 81 82 83 84 85 86 87 88 89 90 91 92 93 1- 05 Draft 3- Paae 2 of2  G BO'ARD MUNICIPAL' PlANNIN~ APR'll7, 2005 MEETING AGENDA ITEM IV. C. MPB CASEI05-6- RZ CONSIDERATION OF AN ORDINANCE OF THE CITY OF FORTWAlTON BEACH. FLORIDA, RELATiNG TO THE REZONING OF CERTAIN PROPERrYwrrHlN THE CtTY OF FORT WALTONi BEACH LOCATED AT 628 COUNrRY CLUB AVENUE NE;PROVIDING FOR AUTHORITY; PROVIDING FOR.ANDINGSOF FACT;' PROVIDtNG FOR' PROPeRtY TO BE REZONED FAOMOKAlOOSA COUNTY RUS RESI(DeNTIAL URBAN SINGlE)TO CITY OF FORT WALTON ,BEACH R~ 1A(SINGLE FAMILY DWEllING)DISTRICT; PROVlDlNG.FOR A ZONtNG MAP AMENDMENT; PROVIDING FO~ REPEAL OF AttfCONFUCTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND.PROVIDING.FOR AN EFFECTIVE DATE.,REQUESTEQ,BY ctrY FQR KElTHAND KIMBERlY BROoKs. OWNERS~ (CDS STAFF) SEE ( BACIWP) .  CITY OF FORT WALTON BEACH MEMORANDUM Date: . March 23, 2005 To: Chairman and Members Municipal Planning Board Through: Missy McKim, CDS Diractorf From: ltchell, Planning Manager -/ Len M" IJ7Y' Consideration of Ordinance 1627. Request to Rezone Country 628 Subject: District to R- Club Avenue NE from RUS ( Residential Urban Single) for Kelth 1A (Single Family Dwelling) District. Requested by City RZ Case#Q5- 5- anq Kimberly Brooks - MPB b..................- A. THE REQUEST: CDS) is processing.on The Department of Community Development Services ( to rezone from Okaloosa behalf of " e~th and Kimberly Brooks, owners, a request to R- 1 A (Single Family Dwelling) County RUS ( Residential Urban Single) District at 628 Country Club Avenue NE. District the 0. 34 acre parcel of property located BACKGROUND: of the City requires the The process of amending the Official Zoning Map before the City Council.An adoption of an ordinance after two (2) readings to adoption. advertised public hearing must be held 10 days prior hear, . The Municipal P' anningB~ d (MPB) is empowered by Council to review, on appfications for consider and make recommendations to the City Council to approve, approve with conditions, or deny amendments development permits to the Official Zoning Map of th~ City. are seeking to rezone their As explained in the Staff Report, the appftcants the property to the property to a Cityzoning district ( R-1A) after having annexed City in October 2004 and having the property designated low Density in 2005. The Residential ( LOR) on the Future Land Use Map { FlUM} January and land Use since annexation but is property has been under County zoning now ready to be rezoned to a City zone consistent with the LDR land use designation. . advertisements or There are no requirements for posting with noticesJ legal the MPB. public notices prior to consideration by DISCUSSION:  which includes general baCkgrOUnd Staff haS prepared the enclosed Staff Report, of the zoning and descriptionand a chrO!\Ology information. proiect a includeS a determinatiOn site. The Staff Report also Plan and development of the request with the cornpreheI1SIve of the request for applicable of laW. consisIMCY of the request,including suggested findings detem1inafion of appropriateneSS enumerated. The anatysis recommendS the 13 criteria the MPB regarding of the req\. approval JeSt. e site to the R- 1A Distrid. rezone the O. 34-aa' rdiJIanCe 1621. if adopted would Zoning Map of the City. and amend the Official and approved for legal ordinance haS been reviewed A draft of theproposad enclosure) the City Attorney ( see sufficiency and form by RECOMMENDATION:. consistent the Municipal Planning rd find the request Bo$ recommendS hat \ to City Council Staff a recommendation Plan and forward with the comprehenSive 1621. indicating its approval of Ordinance 1- 1627 ( Draft 3-- 05) Enc\osures: Ordinance attachments) Staff Report (3--21-05 ' Ill mail (3- 9- 05) City Morney e- 2  CITY OF FORT WALTON BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES PLANNING DIVISION STAFF REPORT SUBJECT: KEITH AND K1MBERL Y BROOKS. Rezone ~ 8 Country Club Avenue NE from County RUS ( Residential Urban Single) to City R- 1A (Single Family Dwelling) District. MPB CASE#O~&- RZ DATE SUBMllTED: March 1, 2005 RESUBMlTTED: PREPARED BY: Len Mitchell. Planning Manager REPORT DATE REVtSION DATE A. GENERAL BACKGROUND 1. Location: 628 Country Club Avenue NE 8. Local Street Country Club Avenue NE b. Neighborhood: Kenwood c. 2000 Census Tract: ( 217 Okaloosa County) 2. General of the proposed project