Fort Walton Beach Council agenda — 03-09-2004 — reading text

time of the adoption of this article. If such nonconforming use is discontinued for a. continuous period of not less than 180 days, any future use of such land shall be in conformity With the provisions of this article. Code 1985, ~ 1288. 02; Ord. No. 826, 5- 28- 85) Sec. 20-363. Changes in use classifications, and districts. If no structural alterations are made, a nonconforming use may be changed to a use of the same or higher Classification according to this artiele~ When a district is hereafter changed, any then existing nonconforming use in such changed district may be continued or changed to Supp. No. 10- 2001 1347 CITY COUNCIL MEETING MARCH 9, 2004 PUBLIC HEARING - QUASI JUDICIAL Consideration of Ordinance 1577 relating to the rezoning of 119 Saint Mary Avenue SW from R- IA (single family dwelling) to CF ( Community Facilities. Second Reading Municipal Planning Board Recommendation: Approval 6- 0 ( 2/ 5/ 04) Agenda Item No. - PH 6  1 ORDINANCE 1577 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 119 6 SAINT MARY AVENUE SW; PROVIDING FOR AUTHORITY; 7 PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY 8 TO BE REZONED FROM R- 1 A (SINGLE FAMILY DWELLING) 9 DISTRICT TO CF ( COMMUNITY FACILITIES) DISTRICT; PROVIDING 10 FOR A ZONING MAP AMENDMENT; PROVIDING FOR REPEAL OF 11 ANY CONFLICTING ORDINANCES; PROVIDING FOR 12 SEVERABILITY; AND PROVIDING FOR AN 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 the Gulf States 25 Conference Association, the fee simple title holder of the subject property; and, 26 27 B. WHEREAS a public hearing was held before the Municipal Planning Board on 28 February 5, 2004, and the Municipal Planning Board has recommended the request be 29 approved; and, 30 31 C. WHEREAS, the City COl,lncil has conducted public hearings after giving due public 32 notice pursuant to Section 166. 041, Florida Statutes; and, 33 34 D. WHEREAS, the property, located at 119 Saint Mary Avenue SW, comprises 1. 06 35 acres more or less, and is legally described in Section 3 of this Ordinance; and, 36 37 E. WHEREAS, the rezoning is consistent with the present Comprehensive Plan, 38 adopted August 22, 2000, by Ordinance 1401. 39 40 SECTION 3. PROPERTY REZONED. The property legally described as Lots 11 and 12, and 41 Lots 15 and 16, Block H, Fourth Addition to the Sea Breeze Subdivision, according to Plat 42 Page 158, Official Records of Okaloosa County, Florida, is hereby rezoned CF Book 2, 43 ( Community Facilities) District. 44 45 SECTION 4. ZONING MAP AMENDMENT. The Official Zoning Map of the City of Fort 46 Walton Beach, as described in the Land Development Code, Article III. ZONING, DIVISION 47 3. ZONING DISTRICTS ESTABLISHED; ZONING MAP, Section 20-382, is hereby amended 48 to include a change of classification from R- 1A ( Single Family Dwelling) District to CF 49 ( Community Facilities) District for the specific parcel which is legally described in Section 3. 50 of this Ordinance. 51 Draft 1- 8- 04 Page 1 of2 f(A- b 52 SECTION 5. REPEAL OF ANY CONFLICTING ORDINANCES. This ordinance hereby 53 repeals all provisions of Ordinances or resolutions in conflict. 54 55 SECTION 6. SEVERABILITY. If any section, phrase, sentence, or portion of this Ordinance 56 is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such 57 portion shall be deemed a separate, distinct, and independent provision, and such holding 58 shall not affect the validity of the remaining portions thereof. 59 60 SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective upon approval by 61 the City Council and signature of the Mayor. 62 63 64 ADOPTED: 65 66 MAYOR: 67 68 69 ATTEST: 70 71 72 Helen Spencer, City Clerk 73 Approved as to form and legal sufficiency. 74 75 76 Toni Craig Teal, City Attorney 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Draft 1- 8- 04 Page 2 of2  1 Ii ; jAJI CITY COUNCIL MARCH 9, 2004 SUBMITTAL FOR PUBLIC RECORD STAFF REPORT MPB CASE# 04- 9- RZ ORDINANCE 1577- AMEND ZONING MAP FROM R- 1A( SINGLE FAMILY DWELLING) DISTRICT TO CF ( COMMUNITY FACILITIES) DISTRICT 119 ST. 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