Fort Walton Beach Ordinance — 1540--Rezoning Waterfront--Bay Drive — reading text

ORDINANCE 1540 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 GENERALLY DESCRIBED AS THE WATERFRONT PROPERTIES ON THE EAST SIDE OF BAY DRIVE SE BETWEEN 23 BAY DRIVE SE AND 45 BAY DRIVE SE (INCLUSIVE), (ODD ADDRESSES ONLY), MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, FROM R-1A (SINGLE FAMILY DWELLING) DISTRICT TO R-1E (ESTATE SINGLE FAMILY DWELLING) DISTRICT; PROVIDING FOR THE AMENDMENT OF THE AFFECTED PORTION OF THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. 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, The Comprehensive Plan, Directions, adopted by the City Council on August 22, 2000, provides appropriate land use categories for single-family dwellings designated LDR on the Future Land Use maps; and, B. The Future Land Use Map of the Comprehensive Plan of the City of Fort Walton Beach identifies the subject area to be rezoned as LDR (Low Density Residential) District; and, C. The Comprehensive Plan provides for the protection and conservation of the natural functions of water bodies by establishing an environmentally sensitive zone, Shoreline Protection Zone; and, D. The subject area is comprised of approximately 6.84 acres of waterfront land area; and E. The Municipal Planning Board held a public hearing and recommended the approval of the rezoning of the subject area from R-1A (Single Family Dwelling) District to R- 1E (Estate Single Family Dwelling) District; and F. Public hearings have been conducted after giving due public notice pursuant to Section 166.041(3) (c) 1, Page 1 of 2 - Ord#1540 Florida Statutes, by the City Council of Fort Walton Beach; and G. The zoning is consistent with the present Comprehensive Plan, Directions, adopted August 22, 2000. SECTION III. PROPERTY REZONED. The following described property is hereby zoned R-I1E (Estate Single Family Dwelling) District: Lets 1 through 12, inclusive, Block 4, according to the plat of Elliott Point, a subdivision as recorded in Plat Book 1, Page 98, of the Public Records of Okaloosa County, Florida. SECTION IV. AMENDMENT OF OFFICIAL ZONING MAP. The Official Zoning Map of the City of Fort Walton Beach shall hereby be amended to zone the subject property as described herein. SECTION V. SEVERABILITY. Should any section or provision of this ordinance, or any portion thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder, as a whole or whole or any part hereof, other than that part declared to be invalid. SECTION VI. EFFECTIVE DATE. This ordinance shall take effect immediately upon approval by the City Council and Signature of the Mayor. une Ad D00Y ADOPTED; MAYOR: Approved as to form and legal sufficiency. Page 2 of 2 - Ord#1540 A PUBLIC HEARING will be held on the following proposed ordinance at 7:00 p.m. on Tuesday, June Z CITY OF FORT WALTON BEACH, FLORIDA NOTICE OF PUBLIC HEARING 2004, in the Council Chamber at Fort Walton Beach City Hail, 107 Miracle Strip Parkway, SW, at whi time the City Council will consider its adoption into law. The ordinance in its entirety may be inspected the Office of the City Clerk during regular working hours. All interested parties may appear at the meeti and be heard with respect to this proposed ordinance. ORD. 1540 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FC AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE REZONING OF TE FOR 199/782 FORT WAITON BEACH, FLORIDA NOTICE OF PUBLIC HEARI i" PUBLIC HEARING will be held on the following ro esed ordinance at m. on Tuesday, June 22, . 2004, in the Council ‘Chamber at Fort Walton Beach City Hall, 107 Miracle Strip Pork. way, SW, at which time the City Council will con- sider its adoption into law. The ordinance in its entirety may be inspecte at the Office of the City Clerk during regular working h ours. All inter at heard with respect to this parties may ap e .meeting an be roposed ordinance. AREA GENERALLY DESCRIBED AS THE WATERFRONT PROPERTIES ON THE EAST SIDE ( THE REZO! BAY DRIVE SE BETWEEN 23 BAY DRIVE SE AND 45 BAY DRIVE SE (INCLUSIVE), (OL ADDRESSES ONLY), MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANC FROM R-1A (SINGLE FAMILY DWELLING) DISTRICT TO R-IE (ESTATE SINGLE FAMIL DWELLING) DISTRICT; PROVIDING FOR THE AMENDMENT OF THE AFFECTED PORTION (€ 4 THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY AND PROVIDING Al EFFECTIVE DATE. Any person who decides to appeal any decision made with respect to any matter considered at such hearif.. will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record > =—————__ the proceedings is made, which record includes the testimony and evidence upon which the appeal is to l R- iw DISINGLE based (FS286.0105). The City of Fort Walton Beach adheres to the Americans with Disabilities Act and will make reasonakt modifications for access to this meeting upon request. Please call the City Clerk, Helen Spencer at 85 . For Hearing Impaired dial 1-800-955-8771 (TDD) or 1-800-955-87 (VOICE) or the City Hall TDD #850-833-9925. Requests must be received at least 48 hours in advance 833-9509 to make a request. the meeting in order to allow the City time to provide requested service. Helen Spencer City Clerk 833-9509 Be Aas ao ae Wels FOR aC AMEND- Be ounk Ne SEVERABILITY AND PRO- NIBING AN eeCTVE Awe person who decides to appeal any decision made with respect to an : matter considered at suc ord of will need a_rec- the proceedings, and for such purpose may need to ensure that a verbatim record of. the proceedings is made, ich record includes th testimony and evidence upon which the appeal is based (Ps286. 0165}. he City of Fort Walton Beach ‘adheres to the Americans with Disabili- ties Act and will make reasonable modifications for access to. this meetin upon request. Please ca ge, Rol Clerk, Helen 330833. 9509 to make a request. For Hearing Im aire: -800- 99s. Bo TDD 955- Voice} oF ‘ee City Hall #850-833-9925. Requests must be re- ceived at- least 48 hours in advange of the meek in. order to allow the Ciy time to provide re. Reten service. lelen a Spencer BSS a 733 June 11, 2004