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Fort Walton Beach Ordinance — 1863 - FLUM admend Third Ave SW — reading text

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READING I Ise 3 Bec4te i f U 2nd 3olks• RfJ 1" t} ORDINANCE 1863'' Swwas i • E,ifSr AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA AMENDING THE CITY' S COMPREHENSIVE PLAN TO AMEND THE FUTURE LAND USE MAP FOR PROPERTY DESCRIBED AS 124 THIRD AVENUE SW, MORE PARTICULARY -` DESCRIBED IN THE BODY OF THE ORDINANCE, FROM LDR ( LOW DENSITY RESIDENTIAL) TO MU ( MIXED USE); PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR CONSISTENCY; PROVIDING FOR SEVERABH.ITY 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. The authority for enactment of this ordinance is Section 163. 3187, Florida Statutes, Section 163. 3184, Florida Statutes, and Section 2 of the City Charter. SECTION 2. FINDINGS OF FACT. The City Council of the City of Fort Walton Beach finds the following: A. That the proposed amendment involves the use of ten ( 10) acres or less. B. That the cumulative effect of the comprehensive plan amendment as set forth herein does not exceed one hundred -twenty ( 120) acres annually. C. That the comprehensive plan amendment as set forth herein does not involve property for which a comprehensive plan amendment has been granted within the last year. D. That the comprehensive plan amendment as set forth herein does not involve the same owner's property within two hundred ( 200) feet of property granted a change within the prior twelve ( 12) months. E. The proposed amendment does not involve a text change to the goals, objectives and policies of the Comprehensive Plan, but only proposes a land use change to the future land use map for a site -specific small scale development activity. F. The property that is the subject of the proposed amendment is not located within an area of critical state concern. G. A public hearing has been conducted by the Local Planning Agency, after due public notice, pursuant to Section 163. 3184 ( 15) ( c), Florida Statues, with its recommendations reported to the City Council. H. A public hearing has been conducted by the City Council, after due public notice pursuant to Section 163. 3184 ( 15) ( c), Florida Statutes. SECTION 3. AMENDMENT OF FUTURE LAND USE ELEMENT. The City's Comprehensive Plan 2011 -2021, adopted by ordinance on February 8, 2011, by the City of Fort Walton Beach, is hereby amended as follows: A. That the City of Fort Walton Beach Future Land Use Map of the Future Land Use Element is amended to reflect that the land use designation of the following described property is hereby changed from LDR ( Low Density Residential) to MU Mixed Use): Lot 15, Block E, Seabreeze Addition No. 2 SECTION 4. INTERNAL CONSISTENCY. The comprehensive plan amendment as set forth herein preserves the internal consistency of the City's comprehensive plan as adopted. SECTION 5. EFFECTIVE DATE. The effective date of this small scale plan amendment shall be 31 days after adoption, unless the amendment is challenged pursuant to Section 163.3187( 3). F. S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Economic Opportunity, Division of Community Planning, or the Administration Commission, finding the amendment in compliance in accordance with Section 163. 3184, Florida Statutes. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by the adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Economic Opportunity, Division of Community Planning. Mike Anderson, Mayor Attest: Approved for legal sufficiency. Helen Spencer, fy ty Clerk a Dykes, Ci ttom This Instrument Prepared by: DONNA SIOSTROM, of ASSOCIATED LAND TITLE GROUP, INC. ( 250), 1c Aa 625 N. Eglin Parkway, Ft. Walton Beach, EL 32547, For Purposes of Title Ins. File # 250 -14608 t! CORDS OFFICIRL RECORDS ORDS Parcel II) # 14- 2S- 24 -221C- 000E -0150 BK 2222 FILE 0 1723663 RM: Sep 03 1999 9 09: 09RM Newman C, Brackin, Clerk, Okaloosa Cnty FI CORRECTIVE Warranty Deed ah, nrnu- grmaor' a - g1M.- hvrcN shad be [ aruauaem eclaEe all gender acrd singuOr or ptw a as Or vWW &dioVa ) Made August L_, 1999, BETWEEN Lucy G. Destin as her seperate and non- homestead property whose post office address is 241 Monroe Street DeFuniak Springs, FL 32433 of the County of Walton, State of Florida, grantor, and First Church of the Nazarene of FL Walton, Inc. whose post office address is 27 First Street, SW Fort Walton Beach, Florida 32548 of the County of Okaloosa, State of Florida, grantee, WITNESSETH: That the said grantor, for and in consideration of the sum of Ten ($ 10.00) Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee' s heirs, successors and assigns forever, the following described land, situate, lying and being in Okaloosa Cowry, Florida to -wit Lot 15, Block 8, Seabreeze Addition No. 2, according to the plat thereof as recorded in Plat Book 2, Page 57, of the Public Records of Okaloosa County, Florida. Subject to easements and restrictions of record, if any, which are specifically not extended or reimposed hereby. Subject to 1999 taxes and assessments. This Corrective Warranty Deed is executed and recorded for the purpose of correcting the name of the grantee as of the executed and recorded Deed on that certain date as recorded in O. R. Book 2213, Page 3205 of the Public Records of Okaloosa County, Florida. and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. Page r oft Deed Doc Stamps : 30 0. C. y n Q^ tt OFFICIAL RECORDS tt BK 2222 PG 4400 IN WITNESS WHEREOF, Orantor has hereunto set grantor' s hand and seal the day and year first above written. sealed and delivered in the presence of: i 1, _ _ _' —. 4hjs STATE OF )Wf# d 6Ez"" COUNTY OF I HEREBY CERTIFY, that on August 31, 1999, before me personally appeared Lucy G. in and who executed the identification identified below, who is the person described in and who execmed the foregoing instrument, and who after being duly sworn says that the execution hereof is her free act and deed for the uses and purposes herein mentioned. SWORN TO AND SUBSCRIBED before me the undersigned Notary Public by my hand and official seal, the day and year last aforesaid. known ( C) identified by Driver' s Ucense ( ) Identified by [ w: FEE 7 2002 MARY A. 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