Fort Walton Beach Ordinance — 1506--Rezone various addresses — reading text

1 r'~" '~~~._~~~~~~ ~~.: -,. ORDINANCE 1506 tt.:~ r' , i4~ AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE REZONING OF THE AREA DESCRIBED AS 1-65 ( ODD NUMBERS) MIRACLE STRIP PARKWAY SE, 1-43 ( ODD NUMBERS) MIRACLE STRIP PARKWAY SW, 4-26 ( EVEN NUMBERS) FIRST STREET SE, 10- 14 ( EVEN NUMBERS) FIRST STREET SW, 205- 209 SHELL AVENUE SE, AND 200- 206 BEAL PARKWAY, MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, FROM DC-3 ( COMMUNITY COMMERCIAL) DISTRICT TO HC ( HIGHWAY COMMERCIAL) DISTRICT; PROVIDING FOR THE AMENDMENT OF THE AFFECTED PORTION OF THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION I.AUTHORITY. The authority for enactment of this ordinance is pursuant to Section 2 of the City Charter of the City of Fort Walton Beach, and Section 166. 021( 1), Florida Statutes. SECTION II. FINDINGS OF FACT. The City Council of the City of Fort Walton Beach finds the following: A. That the Future Land Use Map of the Comprehensive Plan of the City of Fort Walton Beach was amended on August 22, 2000, to redesignate the subject area for Highway Commercial ( HC) land use; and B. That the subject area is comprised of 24.69 acres of land area, more or less; and C. The Municipal Planning Board held a public hearing on July 11, 2002, and recommended the approval of the rezoning of the subject area from DC- 3 ( Community Commercial) District to HC ( Highway Commercial) District; and D. Public hearings have been conducted after giving due public notice pursuant to Section 166.041 ( 3) ( c) 2., Florida Statutes, by the City Council of Fort Walton Beach; and E. That the rezoning is consistent with the present Comprehensive Plan, adopted August 22, 2000. SECTION III. PROPERTY REZONED. The following described property is hereby zoned HC Highway Commercial) District: Beginning at the southwest comer of Lot 13, Block B, Seabreeze Addition # 1, a subdivision, as recorded in Plat Book 2, Page 55, of the Public Records of Okaloosa County, Florida, said point also being on the east right-of-way line of S1. Mary Avenue; thence Easterly along the south lines of Lots 13 through 23, inclusive, Block B of said subdivision to the southeast comer of said Lot 23, said point also being on the west right-of-way line of Third Avenue; thence Northerly along said west right-of-way line of Third A venue to a point on the south right-of- way line of First Street; thence Easterly along said south right-of-way line of First Street to a point on the west right-of-way line of Harbeson Avenue; thence Southerly along said west right- of-way line of Harbeson Avenue to a point on the northerly right-of- way line of Eglin Parkway - West Leg ( State Road 85); thence Southwesterly along said northerly right-of-way line of Eglin Parkway to its intersection with the north right-of- way line of U. S. Highway 98 ( State Road 30); thence Westerly along said north right-of-way line of U. S. Highway 98 to a point on the east right- of-way line of St. Mary Avenue; thence Northerly along said east right-of-way line of St. Mary Avenue to the Point of Beginning. SECTION IV. AMENDMENT OF OFFICIAL ZONING MAP. The Official Zoning Map of the City of Fort Walton Beach is hereby amended to change the zoning classification from DC- 3 Community Commercial) District to HC ( Highway Commercial) District for the specific parcels identified in Section III, above. SECTION V. SEVERABILITY. If any section, phrase, sentence, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION VI. EFFECTIVE DATE. This Ordinance shall become effective upon approval by the City Council and signature of the Mayor. A/kd a Y) CTYCLERK . ~ The form and legal sufficiency of the foregoing has been reviewed proved by the City Attorney. Page 2  9..932. l!! CITY OF FORT WALTON BEACH flORIDA CITY OF FORT WALTON BEACH, l'LORIDA NOTIcE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING A PUBLIC HEARING will b& held on the following ordinance at rqgosed A PUBLIC HEARING will be held on the following proposed ordinance at 7: 00 p. m. on Tuesdl A~~ ustP27~ 2801~~~df~ 1 ~~ t~~ 27, 2002, in the Council Chamber at Fort Walton Beach City Hall, 107 Miracle Strip Parkwl ~~ r;~ chb~ i; e 107 Miracle Strip Park~ Whic h. tIme t he C.lty C ounc il will .COnsld.er Its ad optIon .. mto 1aw. The or d.mance .. m 1t s. entIre way, at which time the City ,-SWj.. ouncil will con. mspecte d at the Office 0 f the C.lty Clerk d.urmg regular working hours. All mtereste . d pIes art. ma) sider Its adoption into law. The ordinance in its t he. meetmg and be hear d .WIt h respect to t hi s propose d ord.mance. entirety may be inspected at the Office of the City C.lerk during reQular working hours. All mter- ORDINANCE 1506 ested parties may appear at the meeting and be heard with respect to this Rroposed ordinance. AN ORDINANCE OF THE CITY OF FORT WALTON. BEACH, FLORIDA; PROVID ORDINANCE 1506 AN ORDINANCE OF AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE REZONlN THE CITY OF FORT WALTON flORI- AREA DESCRIBED AS 1- 65 ( ODD NUMBERS) MIRACLE STRIP PARKWAY SE, 1 DA BEACH,.. FOR PROVIDIN\.;> PROVIDING NUMBERS) MIRACLE STRIP P ARKWAY SW, 4- 26 (EVEN NUMBERS) FIRST STREE1 AUtHORITYb' FOR FIN INGS FACT~ PROVIDING FOR OF EVEN NUMBERS) FIRST STREET SW, 205- 209 SHELL AVENUE SE, AND 200-~ THE KEZONING OF THE AREA DESCRIBED AS P ARKWAY, MORE PARTICULARL Y DESCRIBED IN THE BODY OF THE ORDINAN( 1- 65 ( ODD NUMBERS) MIRACLE STRIP PARKWAY DC- 3 ( COMMUNITY COMMERCIAL) DISTRICT TO HC (illGHWAY COMMERCIAL) I SE, 1- 43 ( ODD NUMBERS) MIRACLE PROVIDING FOR THE AMENDMENT OF THE AFFECTED PORTION OF THE OFFICW STRIP PA'RKWAY SW 4- 26 ( EVEN NUMBERSI MAP; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DA' FIRST STREET SE" 1 0-14 EVEN NUMBER~) FIRST STREET SW, 205- 20.9