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

I tE ~ N 1 \. ==: W. E L . IEQUE,ST .~]~E. ~ ~ ~ i'{ I == s II I I I I I I I lli T I I-- II Prepared by the City of Fort Walton Beach i -~= 9~ W~~{ Engineering Division 1-- 1-- - f-- 1I~~ ~ II- ~:~ - t;; 1-- 1-- 1-- - f-- _ 1--'- 1--_ 1-1- ~~ r- r= LOR it=. -"-. - > - == r-- !.. __ t: r-- W.J 17~ COR OR .. t-- 1 c'-.'\.. ~" I~ I -- -- 1 === =: 1 __ _ cr- 1--- - -- 1- lr- +- -:: " F II fft- - L = ~ f- t-- lL ~ ~ ! L~ - 1~ RiTfA, J "~; WJ]]111[[1 I SANTA ROSA SOUND  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM DATE: February 6, 2004 TO: Joyce Shanahan, City Manager THROUGH: Missy Mc Kim, CDS Direct~ FROM: Len Mitchell, Planning Manager L. JtIV' SUBJECT: Ordinance # 1577 - Request to Rezone 119 Saint Mary Avenue SW from R- 1A ( Single Family Dwelling) District to CF ( Community Facilities) District ( 1st Reading) THE REQUEST: The City has received application from Gulf States Conference an Association, the fee simple owner of the Fort Walton Beach Seventh- Day Adventist Church. The application was filed by their authorized agent, Martin L. Fancher, Pastor, to request rezoning from R- 1A ( Single Family Dwelling) District to CF ( Community Facilities) District the 1. 06- acre parcel of property located at 119 Saint Mary Avenue SW. The applicants, a non- profit entity, have also requested a refund of the $ 775 application fee/ deposit. BACKGROUND: The process of amehding the Official Zon~ ng Map~ 9f~ he City requires the adoption of an ordinance after two ( 2) readings before the City Council. An advertised public hearing must be held 10 days prior to adoption. As explained in the Staff Report, the applicant is seeking to erect signage for the church. The present R- 1a zoning does not permit signage for uses not permitted in the district ( church). The City intends to implement CF, Community Facilities zoning on PL designated properties city- wide. The request on the church' s behalf merely implements the CF District sooner. The Municipal Planning Board ( MPB) considered the application at their meeting on February 5, 2004. There public comment. The MPB was no considered the Staff Report that the request was considered consistent with the Comprehensive Plan ahd recommended that city Council approve the request by a vote of 6- 0 ( Lambert absent). There are no requirements for posting with notices, legal advertisements or public notices prior to council consideration of Ordinance 1577 on First Reading. DISCUSSION: staff has prepared the enclosed Staff Report, generalwhich includes background information, a and chronology of the project description a zoning and development of the request site. The Staff Report also includes a determination of applicable law, consistency of the request with the Comprehensive Plan and determination of appropriateness of the request, including suggested findings for the MPB regarding the 13 criteria enumerated. Ordinance 1577, if adopted would rezone the 1. 06- acre site to the CF District and amend the Official Zoning Map of the City, accordingly. RECOMMENDATION: The Municipal Planning Board recommended that city Council approve Ordinance 1577. The Municipal Planning Board also recommended that the application filing fees be refunded in the amount of $ 775. 00 Enclosures: Location Map Ordinance 1577  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; PROVIDlNG FOR PROPERTY 8 TO BE REZONED 'FROM R-1A (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 appHcation 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 Council 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