Fort Walton Beach Council agenda — 03-08-05 — reading text

Avenue SE. The church is located in the Elliotts Point Neighborhood. e BACKGROUND: The process of amending the Official Zoning Map of the 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 enlarge the church. The Comprehensive Plan requires that all lands designated PL be rezoned-for consistency to CF, Community Facilities District. The request on the church' s behalf merely implements the proper zoning for the PL, Public Lands land use designation. The Municipal Planning Board ( MPB) considered the application at a public hearing held on the February 3, 2005. There was no public comment The MPB considered the Staff Report that requestwas considered consistent with the Comprehensive Plan and recommended that City 0 ( Cohn and Lambert absent). Coundl approve the request by a vote of 5- There are no requirements for posting 'with notices, legal advertisements or public notices prior to Council consideration of Ordinance 1622 on First Reading. DISCUSSION: Staff has prepared the enclosed Staff Report, which includes general background information, a project description and a chronology of the zoning and development of the request site. The e Staff Report also includes a determination of applicable law, consistency of the request with the f/J II rj  Comprehensive Plan and determination of appropriateness of the request, induding suggested findings for the MPB regarding the 13 criteria enumerated. e Ordinance 1622, if adopted would rezone the O. 83-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 1622. Enclosures: Location Map Ordinance 1622 e e  1 ORDINANCE 1622 2 e 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 19-23 6 ALDER AVENUE SE; PROVIDING FOR AUTHORITY; PROVIDING 7 FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE 8 REZONED FROM R-2 ( MULTIFAMILY DWELLING) DISTRICT TO CF 9( COMMUNITY FACILITIES) DISTRICT; PROVIDING FOR A ZONING 10 MAP AMENDMENT; PROVIDING FOR REPEAL OF ANY 11 CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; 12 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 Grace Covenant, 25 Inc., the fee simple title holder of the subject property; and, 26 e 27 B. WHEREAS a public hearing was held before the Municipal Planning Board on 28 February 3, 2005, 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 19 Alder Avenue SE, comprises 0. 83 acres more 35 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, and amended by Ordinance 1602 on 39 October 12, 2004. 40 41 SECTION 3. PROPERTY REZONED. The property legally described as Lots 169 and170; 42 and the west one-half of the adjacent 20 foot alley running North and South, lying to the East 43 of said Lots 169 and 170, vacated by City Ordinance 100.259, November 14, 1978; and the 44 west 103 feet of Lots 171 and 172; and the east twenty feet of righto- f- way of Alder Avenue 45 ( Pine Avenue according to the recorded plat) adjacent to and lying to the West of said Lots 46 169 through 172, inclusive, vacated by City Ordinance 100.312, August 23, 1983. All lots 47 according to the Map of Ocean City, a Subdivision as recorded in Plat Book 2, Page 28A, of 48 the Public Records of Okaloosa County, Florida, is hereby rezoned CF ( Community 49 Facilities) District. 50 Draft 12-21- 04 Pace 1 of2  51 SECTION 4. ZONING MAP AMENDMENT. The Official Zoning Map of the City of Fort 52 Walton Beach, as described in the Land Development Code, Article III. ZONING, DIVISION e 53 3. ZONING DISTRICTS ESTABLISHED; ZONING MAP, Section 20- 382, is hereby amended 54 to include a change of classification from R- 2 ( Multifamily Dwelling) Distrid to CF 55 ( Community Facilities) District for the specific parcel which is legally described in Section 3. 56 of this Ordinance. 57 58 SECTION 5. REPEAL OF ANY CONFUCTING ORDINANCES. This ordinance hereby 59 repeals all provisions of Ordinances or resolutions in conflict. 60 61 SECTION 6. SEVERABIUTY. If any section, phrase, sentence, or portion of this Ordinance 62 is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such 63 portion shall be deemed a separate, distinct, and independent provision, and such holding 64 shall not affed the validity of the remaining portions thereof. 65 66 SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective upon approval by 67 the City Council and signature of the Mayor. 68 69 70 ADOPTED: 71 72 MAYOR: 73 74 75 ATTEST: 76 e 77 78 Helen Spencer, City Clerk 79 Approved as to form and legal sufficiency. 80 81 82 Toni Craig, City Attomey 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97i98 Dndt e 13-04 Paae 4- 2 of2  MUNICIPAL PLANNING BOARD F'EBRUARY 3, 2005 MEETING AGENDA ITEM IV. C. B CASE 101 4 RZ CONSIDERATION OF AN 0RDINMrICE! OIF THE CITY OIF FORr WAL'TON EACH. FLORIDA. RELATING TO THE PPCtBfG OF CERTAIN PROPIliinIY. NTHIN CITY 1HI!. OF PORTWALTON BEACH LOCATED AT 11- 23 ALDER AVENUe 8E;PROVIDING FOR PROVIDING FOR FlIDIIG8 OF FACT; PROVIDING FOR PROP~ I T TO BE ,. 71: I R'FROM R-2 U(ULTFAIIL Y DWEL1JNQ) Dsal.RiCT TO CF (COUMUNITY FACIUTES) OI8rRiCl': PROVIDING FOR " ZONIIG IMP I.MSa_ rr:PRCMDING POR REPEAL ar Nt( cotft. ICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE! DATE. CDS ( STAfF) lIE ( BACKUP) QUASI-- {  CITY OF FORT WALTON BEACH MEMORANDUIUI Date: January 24, 2005 To: Chairman and Members Municipai Planning Board Through: Missy McKim, CDS Dire~ From: Len Mitchell, Planning Manager ~ Subject: Consideration of Ordinance 1622. Request to Rezone 19 Alder Avenue SE from R...2 ( Multiple Family Dwelling) District to CF Community Facilities) District. Requested by Frank WIUiamson, Agent for Grace Covenant Church M- PB RZ CasetlO5-4-- 4. ..............-____... 1:>. h rv_____________ ~~.. QUEST: The Department of Community Development Services ( CDS) has received a request from the Grace Covenant Church, through their authorized agent, Frank Williamson, to rezone from R.. 2 ( Multiple Family Dwelling) District to CF Community Facilities) District the 0.83-acre parcel of property located at 19 Alder Avenue SE. BACK~ ROUND: The process of amending the Official Zoning Map of the 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. The Municipal Planning Board ( MPB) is empowered by Council to review. hear, consider and make recommendations to the City Council on applications for development permits to approve, approve with conditions, or deny amendments to the Official Zoning Map of the City. As explained in the Staff Report, the applicant is seeking to add new facilities to the church. The present R-2 District does not permit churches as a principal use. The Future Land Use Map was amended in 2004-to designate the church as a PL Public Land. The City intends to implement CF, Community Facilities zoning on PL designated properties City-wide in 2004. The request on the church' s behalf merely implements the CF District sooner. There are no requirements for posting with notices, legal advertisements or public notices prior to consideration by the MPB. DISCOSSION~ e Staff has prepared the enclosed Staff Report, which includes general background information, a project description .and a 'chronology of the zoning and development of the request site. The Staff' Report also includes a determination of appticable 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. The analysis recommends approval of the request Ordinance 1622, if adopted would rezone the O. 83~ ae site to the CF District and amend the Official Zoning Map of the City. A draft of the proposed ordinance has been reviewed and approved for legal sufficiency and form by the City Attorney. RECOMMENDATION: Staff recommends that the Municipal Planning Board find the request consistent with the Comprehensive Pian and forward a recommendation for approval of Ordinance 1622'. Enclosures: Ordinance 1622 (Draft 12- 21-04) E-maUfrom City Attorney ( 1- 18-05) e. Staff Report ( 1- 21-05 wi attachments) e