Fort Walton Beach Ordinance — 1878--rezone alconese avenue se — reading text

U OREADING DAT", lAt 2nd —) -! ORDINANCE 1878 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY DESCRIBED AS 204 ALCONESE AVENUE SE, TO BE REZONED FROM MX -1 ( MIXED USE MEDIUM DENSITY) W" LLA ZONING DISTRICT TO R -2 ( MULTI -FAMILY RESIDENTIAL) ZONING 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 1. Authority & Intent A. The authority for enactment of this ordinance is contained in Chapter 166.021, and other provisions of the Florida Statutes and Section 2 of the City Charter. B. The Local Planning Agency held a public hewing and considered this ordinance on July 11, 2013. The City Council conducted public hearings on July 23, 2013 and August 13, 2013, after giving due public notice. Section 2. Findings of Fact The City Council hereby finds the following: A. Staff finds that the proposed rezoning is consistent with the Future Land Use category according to Table 2. 01. 05. B. Staff finds that the uses within the requested zoning district are compatible with the uses in the adjacent zoning districts. C. Staff finds that the requested use is not substantially more intense or less intense than allowable development on adjacent parcels. D. Staff finds that the requested use is based on soil types, topography, protection of natural resources, and protection of designated historical areas. Section 3. Property Rezoned The following described property is hereby rezoned from MX -1 ( Mixed Use Medium Density) to R -2 ( Multi -Family Residential) zoning district:  0 0 ORDINANCE 1878 A PORTION OF THE PARCEL DESCRIBED IN THE FINAL JUDGMENT RECORDED IN OFFICIAL RECORDS BOOK PAGE 2393, PAGE 4029, OKALOOSA COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 24, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA; AZIM[Tl'R THENCE 92029' 46" AZ ( NORTH AZIUM) ( 587030' 14 "E) A DISTANCE OF 2668. 52 FEET TO IRON ROD, NO NUMBER; THENCE CONTINUE 92029' 46" AZ 587030' 14 "E) A DISTANCE OF 44.67 FEET TO QUARTER CORNER; THENCE 92032' 34" AZ ( 587027' 26 "E) A DISTANCE OF 1503. 84 FEET TO A CONCRETE MONUMENT SHOWN ON THE PLAT OF OCEAN CITY SUBDIVISION AS 1164. 07 FEET WEST OF NORTHEAST CORNER OF SECTION 24; THENCE 213033' 06" AZ 533033' 06 "W) A DISTANCE OF 108. 45 FEET TO AN IRON ROD LS2032 ON THE WEST SIDE OF ALCONESE AVENUE SE AND THE POINT OF BEGINNING; THENCE 272028' 57" AZ ( N87031' 03 " W) A DISTANCE OF 101. 08 FEET; THENCE 182004' 09" AZ ( 502004' 09 "W) A DISTANCE OF 89. 70 FEET; THENCE 180040' 46" AZ ( 500040' 46 "W) A DISTANCE OF 162. 19 FEET; THENCE 92009' 00" AZ S87051' 00 "E) A DISTANCE OF 101. 08 FEET TO ALCONESE AVENUE SE; THENCE 01100' 18" E) A DISTANCE OF 251. 29 FEET TO THE POINT OF BEGINNING. 01* 10' 18" AZ ( NOT* 10' 18 "E) Section 4. Amendment of the Official Zoning Map The Official Zoning Map of the City of Fort Walton Beach is hereby amended to change the zoning classification of the subject property from MX -1 ( Mixed Use Medium Density) to R -2 Multi -Family Residential) for the property described in Section 3 above. Section 5. Severability If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. Section 6. Effective Date This ordinance shall take effect immediately upon approval on second reading by the City Council and signature of the Mayor. A Approved: August 13, 2013 Mike Anderson, Mi Attest: Approved for form, J i Helen Spencer, Cithtlerk Hay, d Dykes, Jr Additions are underlined; "°^° te'° ais gtF °'-°-. ////  Page 1 of 1 Helen Spencer From: Michael Bryant Sent: Monday, August 19, 2013 10: 22 AM To: Estelle Jones Cc: Tim Bolduc; Helen Spencer; FWBGIS Subject: Ordinance 1878 Stella, The City Clerk' s office provided us with Ordinance 1878 which rezoned the property for the Alconese Place subdivision plat and we are working on the mapping for this. As you will remember, you called me asking for a legal description for this rezoning. I told you that if you were rezoning the property for the subdivision, just to use the legal description from the subdivision plat since a surveyor wrote that description. It appears the description from the plat was used, but a couple of errors were made in transcribing the description from the plat to the Ordinance. Attached is the Ordinance that Helen sent me. I have marked in red the errors ( page 2) in the description relative to the plat (which Daniel provided to me for addressing). The error at the end definitely causes a bust in the description. We are going to go ahead and map the zoning change using the Property Appraiser parcels for now. When he gets the new lots and subdivision redrawn, we will then modify all mapping to match the new Property Appraiser data. Thanks, Mike Bryant GIS / CAD Manager City of Fort Walton Beach 850- 833 -9647 mbrvant @fwb.orz 8/ 19/ 2013  READING R,Wrl Let s° d — ORDINANCE 1878 1 I AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY DESCRIBED AS 204 ALCONESE AVENUE SE, TO BE REZONED FROM MX -1 ( MIXED USE MEDIUM DENSITY) ZONING DISTRICT TO R -2 ( MULTI -FAMILY RESIDENTIAL) ZONING 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 1. Authority g Intent A. The authority for enactment of this ordinance is contained In Chapter 166.621, and other provisions of the Florida Statutes and Section 2 of the City Charter. B. The Local Planning Agency held a public hearing and considered this ordinance on July 11, 2013. The City Council conducted public hearings on July 23, 2013 and August 13, 2013, after giving due public notice. Section 2. Findings of Fact The City Council hereby flnds the following: A. Staff finds that the proposed rezoning is consistent with the Future Land Use category according to Table 2. 01. 05. B. Staff finds that the uses within the requested zoning district are compatible with the uses in the adjacent zoning districts. C. Staff finds that the requested use is not substantially more intense or less intense than allowable development on adjacent parcels. D. Staff finds that the requested use is based on soil types, topography, protection of natural resources, and protection of designated historical areas. Section 3. Properly Rezoned The following described property is hereby rezoned from MX- 1 ( Mixed Use Medium Density) to R -2 ( Multi -Family Residential) zoning district:  ORDINANCE 1878 A PORTION OF THE PARCEL DESCRIBED IN THE FINAL JUDGMENT RECORDED IN OFFICIAL RECORDS BOOK PAGE 2393, PAGE 4029, OKALOOSA COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 24, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA; AZIMUTH THENCE 92029' 46" AZ ( NORTH IUM ( S87° 30' 14 "E) A DISTANCE OF 2668. 52 FEET TO IRON ROD, NO NUMBER; THENCE CONTINUE 92°29' 46° AZ 587° 30' 14 " E) A DISTANCE OF 44.67 FEET TO QUARTER CORNER; THENCE 92032' 34" AZ ( S87027' 26 "E) A DISTANCE OF 1503. 84 FEET TO A CONCRETE MONUMENT SHOWN ON THE PLAT OF OCEAN CITY SUBDIVISION AS 1164.07 FEET WEST OF NORTHEAST CORNER OF SECTION 24; THENCE 213033' 06" AZ S33033' 06 " W) A DISTANCE OF 108. 45 FEET TO AN IRON ROD LS2032 ON THE WEST SIDE OF ALCONESE AVENUE SE AND THE POINT OF BEGINNING; THENCE 272028' ST' AZ ( N87031' 03 "W) A DISTANCE OF 101. 08 FEET; THENCE 182004' 09" AZ ( SO2004' 09 "W) A DISTANCE OF 89. 70 FEET; THENCE 180040' 46" AZ ( S00040' 46 "W) A DISTANCE OF 162. 19 FEET; THENCE 92009' 00" AZ 587°51' 00 "E - A DISTANCE OF 101. 08 FEET TO ALCONESE AVENUE SE; THENCE OlI °0' 18 "E) J A DISTANCE OF 251. 29 FEET TO THE POINT OF BEGINNING. 01 °10' 18" AZ ( N01 ° 10' 18 "E) Section 4. Amendment of the Official Zoning Map The Official Zoning Map of the City of Fort Walton Beach is hereby amended to change the zoning classification of the