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

t-- -- i- t- 5 o;q f- .-,- r-~ r-- - t= ; t;;- c--- '- r- c-- J c--- 1= mmwa~~ 2 ~ 1= I~ mm~;: rir-:- r-- . --! J_ I r- 1 l... U ~ r-- _ E5i:iiia r- - - II~ 1:::: --- r-- - r- - I- r- t- t-- r-- i- I-- t-- E: m ~ .~' r-- r--. 1 1 0I 1I _ r- g E:: 3 _ _ I _~ t- lL I I ;::' v 1 t:: tjt::tj I. HOU._..\ O 1. JJvll HCUwaco..' o1I _~. 1 ORDINANCE 1631 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 4 FLORIDA, RELATING TO THE REZONING OF CERTAIN PROPERTY 5 WITHIN THE CITY OF FORT WALTON BEACH LOCATED AT 500 6 HOOPER DRIVE NW; PROVIDING FOR AUTHORITY; PROVIDING 7 FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE 8 REZONED FROM C- 1 ( LIMITED COMMERCIAL) DISTRICT TO R-2 9( MULTIFAMILY DWELLING) DISTRICT; PROVIDING FOR A ZONING 10 MAP AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS; 11 PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN 12 EFFECTIVE DATE. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT 15 WALTON BEACH, FLORIDA, AS FOLLOWS: 16 17 SECTION 1. AUTHORITY. The authority for enactment of this ordinance is Section 2, of 18 the City Charter, and Section 166. 021( 1), Florida Statutes. 19 20 SECTION 2. FINDINGS OF FACT. The City Council of the City of Fort Walton Beach 21 finds the following: 22 23 A. WHEREAS, an application for rezoning was received by the Department of 24 Community Development Services of the City of Fort Walton Beach by Daher Building 25 Industries, Inc. a Florida Corporation, 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 public hearings after giving due 33 public notice pursuant to Section 166.041, Florida Statutes; and, 34 35 D. WHEREAS, the property, located at 500 Hooper Drive NW, comprises 0. 765 acres 36 more or less, and is legally described as in Section 3 of this Ordinance; and, 37 38 E. WHEREAS, the rezoning is consistent with the present Comprehensive Plan, 39 adopted August 22, 2000, by Ordinance 1401. 40 41 SECTION 3. PROPERTY REZONED. The property legally described as Lots 5 and 6 Block 42 14A, of the resubdivision of Blocks 14, 14A and 15A of, Amended Map of Oakland, as 43 recorded in Plat Book 2, Page 176, of the Public Records of Okaloosa County, Florida, is 44 hereby rezoned R-2 ( Multifamily Dwelling) District. 45 46 SECTION 4. ZONING MAP AMENDMENT. The Official Zoning Map of the City of Fort 47 Walton Beach, as described in the Land Development Code, Article III. ZONING, DIVISION 48 3. ZONING DISTRICTS ESTABLISHED; ZONING MAP, Section 20- 382, is hereby amended 49 to include a change of classification from C-1 ( Limited Commercial) District to R- 2 50 ( Multifamily Dwelling) District for the specific parcel which is legally described in Section 3. 51 of this Ordinance. 1- 05 Draft 3- Paae 1 of 2 52 53 SECTION 5. CONFLlCTfNG PROVISIONS. Special Acts of the Florida Legislature 54 applicable to the incorporated area of the City of Fort Walton Beach. City Ordinances and 55 City Resolutions, or parts, thereof, in conflict with the provisions of this ordinance are 56 hereby superceded by this ordinance 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 become effective upon approval by 64 the City Council and signature of the Mayor. 65 66 67 ADOPTED: 68 69 MAYOR: 70 71 72 ATIEST: 73 74 75 Helen Spencer, City Clerk 76 Approved as to legal sufficiency and form. 77 78 79 Toni L. Craig, City Attomey 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 1- 05 Draft 3- PaQe 2 of 2  MUNICiPAL PLANNING BOARD AP"RIL 7, 2005 MEETING AGENDA ITEM IV. E. MPB RZ CASEI05-9. CONSIDERATION OF AN ORDINANCE OF THE CITY OF FORT WAlTON BEACH, FLORIDA, RElATING TO THE RezONING OF CERTAIN PROPERTY WITHIN THE"CITY OF FORT WALTON BEACH LOCATED AT 500 HOOPER DRNE NVV; PROVIDiNG FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FRoM C4 (liMITED COMMERCIAL) DISTRICT TO R-2 (MtJLTIFAMll Y DWELUNG) QJSTRtCT; PROVIDING FOR It. ~ G MAP AMENDMENT; PROVIDING FOR CONFUCTING PROVISIONS;.PROVIDiNG FOR SEVERABtUTY; AND PROVIDING FOR AN EFFECTIVE DATE. (CDS STAFF)SEE ( BACKUp}  CITY OF FORT WALTON BEACH MEMORANDUII{ Date: March 25, 2005 To: Chairman an4 Members Municipal Planning Board Thru: Missy Me Kim, CDS Directo~ From.: Len Mitchell, Planning Manager ~ SubjeCt: Consideration of Ordinance 1631 a Request to ~ezone 500 Hooper Drive NW from 1( C..