Fort Walton Beach Ordinance — 1449--Rezone 24 Bass Avenue to CF — reading text

RRADING| DATE st SY/Ol ORDINANCE 1449 and 23/0) / AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY OF FORT WALTON BEACH LOCATED AT 24 BASS AVENUE SW; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM R-2 (MULTIPLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR REPEAL OF ANY CONFLICTING ORDINANCES; 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. The authority for enactment of this ordinance is Section 2, of the City Charter, and Section 166.021(1), Florida Statutes. SECTION 2. FINDINGS OF FACT. The City Council of the City of Fort Walton Beach finds the following: A. WHEREAS, an application for rezoning was received by the Department of Community Development Services of the City of Fort Walton Beach by Striving For Perfection Ministries, Inc., a Florida Corporation, the fee simple title holder of the subject property; and, B. WHEREAS a public hearing was held before the Municipal Planning Board on July 12, 2001, and the Municipal Planning Board has recommended the request be approved; and, C. WHEREAS, the City Council has conducted two public hearings after giving due public notice pursuant to Section 166.041, Florida Statutes; and, D. WHEREAS, the property, located at 24 Bass Avenue SW, comprises 3.90 acres more or less, and is legally described as in Exhibit A attached hereto and made a part hereof by reference; and, E. WHEREAS, the rezoning is consistent with the present Comprehensive Plan, adopted August 22, 2000, by Ordinance 1401. SECTION 3.PROPERTY REZONED. The property legally described in Exhibit A attached hereto and made a part hereof by reference is hereby rezoned CF (Community Facilities) District. SECTION 4. ZONING MAP AMENDMENT. The Official Zoning Map of the City of Fort Walton Beach, as described in the Land Development Code, Article Ill. ZONING, DIVISION 3. ZONING DISTRICTS ESTABLISHED; ZONING MAP, Section 20-382, is hereby amended to include a change of classification from R-2 (Multiple Family Residential) District to CF (Community Facilities) District for the specific parcel which is legally described in Exhibit A attached hereto and made a part hereof by reference. SECTION 5. REPEAL OF ANY CONFLICTING ORDINANCES. This ordinance hereby repeals all provisions of Ordinances or resolutions in conflict. SECTION 6. SEVERABILITY. If any section, phrase, sentence, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION 7. EFFECTIVE DATE. The effective date of this Ordinance shall be the date a final order is issued by the Florida Department of Community Affairs or Administration Commission finding that the Future Land Use Map Amendment, Ordinance 1448, in compliance with Section 163.3184, F.S., whichever occurs first. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before said order has become effective. If a final order of noncompliance is issued, this Ordinance may nevertheless be made effective by the adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Division of Resource Planning and Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399- 2100. The resolution shall not become effective until receipt of written notice from the Department of Community affairs that it has received the resolution. nnorre at lf 2G] MAYO “Wy Lin Apencer. CITYCLERK @ The form and legal sufficiency of the foregoing has been reviewed 4 car ranancne EXHIBIT “A” Legal Description 24 Bass Avenue Fort Walton Beach, FL 32548 0.23 AC +/- Parcel COMMENCING AT SOUTHEAST CORNER OF THE NORTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION 14, TOWNSHIP 2, SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA, THENCE SOUTH 89 DEGREES 58' 21" WEST, A DISTANCE OF 14.98 FEET TO THE NORTHEAST CORNER OF LOT 1 IN BLOCK “G” OF SEA BREEZE ADDITION 3 AS RECORDED IN PLAT BOOK 2, PAGE 81 O F THE OFFICIAL RECORDS; THENCE CONTINUE SOUTH 89 DEGREES 58'21" WEST ALONG THE NORTH LINE OF SAID SEA BREEZE ADDITION 3, A DISTANCE OF 9.88 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 DEGREES 58' 21" WEST, A DISTANCE OF 400.14 FEET; THENCE NORTH 00 DEGREES 02' 21" WEST, 25.09 FEET; THENCE NORTH 89 DEGREES 58' 21" EAST, A DISTANCE OF 400.14 FEET; THENCE SOUTH 00 DEGREES 02' 21" EAST 25.09 FEET TO THE POINT OF BEGINNING; CONTAINING 0.23 ACRES (10,039 SQUARE FEET). MORE OR LESS, ALL IN OKALOOSA COUNTY, FLORIDA. . 3.67 AC t+/- Parcel O.R. Book 1820, Page 899 COMMENCING AT SOUTHEAST CORNER OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 2 SOUTH, RANGE 24 WEST; THENCE WEST.A DISTANCE OF 425 FEET; THENCE NORTH A DISTANCE OF 25 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH OF 400 FEET; THENCE EAST A DISTANCE OF 400 FEET; THENCE SOUTH A DISTANCE OF 400 FEET; THENCE WEST A DISTANCE OF 400 FEET TO THE POINT OF BEGINNING, ALL LYING AND BEING IN THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA CITY OF FORT WALTON BEACH. FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed ordinance at 7:00 p-m. on Tuesday. August 28, 2001, in the Council Chamber at Fort Walton Beach City Hall. 107 Miracle Strip Parkway. Swi at which time the City Council will consider its adoption into law. The ordinance in its entirety may be inspected at the Office of the City Clerk during regular working hours. All interested parties may appear at the meeting and be heard with respect to this proposed ordinance: ORDINANCE 1449 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH. FLORIDAS RELATING TO THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY OF FORT WALTON BEACH LOCATED AT 24 BASS AVENUE, SWh PROVIDING FOR AUTHORITYS PROVIDING FOR FINDINGS OF FACT: PROVIDING FOR PROPERTY TO BE REZONED FROM R-2 (MULTIPLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT: PROVIDING FOR A ZONING MAP AMENDMENTS PROVIDING FOR REPEAL OF ANY CONFLICTING ORDINANCES: PROVIDING FOR SEVERABILITY: AND PROVIDING FOR AN EFFECTIVE DATE. Any person who decides to appeal any decision made with respect to any matter considered at such hearing will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based (FS28b.0105). The City of Fort Walton Beach adheres to the Americans with Disabilities Act and will make reasonable modifications for access to this meeting upon request. Please call the City Clerk. Helen Spencer at 850-833-9509 to make a request. For Hearing Impaired dial 1-800-955-8771 (TDD) or 1-800-955-8770 (VOICE). Requests must be received at least 48 hours in advance of the meeting in order to allow the City time to provide requested service. BASS AVENUE, SW; Act and will lea, 1084, er WALTON PROVIDING [FOR ALC f00 BEACH, FLORIDA T THORN, ne ONG for access to this meetin upon reques lease ca Notice, OF PUBLIC FACT. PROVIDING. FOR the "ly Clerk, Helen Helen Spencer City Clerk 833-9505 EAR iy PROBE on the following Bra osed ordinance at p.m. on Tuesday, August P38 2001, Council Chamber’ at Fort Walton Beach City Hall, 107 Miracle Strip Park. at which time the City Council will con- sider_its adoption into law. The ordinance in its entirety may be ins at the Office. of the City Clerk during _ regular working hours. All ‘inter- ested parties may ne at the iieeting and be respect fo this proposed ordinance. RDINANCE 1449 AN OR CE TON BEACH FLORIDA: RELATING TO THE RE- BEACH LOCATED AT 24 FROM RS MULTIPLE FAMILY _RESI ENTIAL) DISTRICT ie CF COMMUN FACILITIES) BISTRICT: PROVIDING FOR A ZONING MAP AMENDMENT. PROVID- ING FOR REPEAL OF ANY CONFLICTING OR DINANCES; PROVIDING FOR SEVERABILITY PRONIDING FOR 4 ANE CTIVE DATE. fay person who decides to appeal any decision made with respect to any matter Considered. at suc! earing will need to ensure at a verbatim ‘record of the proceedings _is . made, which record in- cludes the testimony and opel upon which pred is 8 be based FS2660 City ° beort Walton Beach adheres to the Americans with Disabilities Spe 350.833: 9509 to make a fe request. For Hearing 1. 60: 9553 BOs 25} e5 ce). “Reaves must ONecived at least 48 hours in advance of the meeting in order to allow the Cily time to provide requested service. Helen a Spencer i. ee 2601 No” — CITY C= FORT WALTON BE/ CH NOTICE OF PUBLIC HEARING NOTICE UF REZONING The City of Fort. Walton Beach, Florida, proposes to adopt the following di :" oe ORDINANCE 1449 S-4- Y } | AN ORDINANCE OF THE CITY OF FOR7; WALTON BEACH, FLORIDA; RELATING TO THE REZONING OF CERTAIN PROPERTY ‘YITHIN THE CITY OF FORT WALTON BEACH LOCATED AT 24 BASS AVENUE SW;.P:-OVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR -PROPERTY TO BE REZONED FROM_R-2 | (MULTIPLE FAMILY RESIDENTIAL) DIS “RICT TO CF (COMMUNITY FACILITIES) DISTRICT; PROVIDING FOR A ZONING M:AP_ AMENDMENT PROVIDING FOR REPEAL OF ANY CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN_EFFECTIVE DATE; cel Ph pS 1 | — REQUEST SITE a a SL HOR bk Je TH ay. JU Ni. } }—| fF The City Council will hold a Public Hearing on Tuesday, August 14, 2001 at 7:00 .m., or as soon there after as the matter may be heard; at City Hall, 107 Miracle trip Parkway SW, in the City Council Chambers. The subject property contains 3.90 acres more or less as shown on the map herein. . All interested parties aré invited to appear at this meeting and express their views on the proposed ordinance. Copies of the Ordinance and related : documentation may be viewed at the office of the City Clerk, City of Fort Walton Beach during normal business hours. Any person who decides to appeal any decision with respect to any matter considered at this hearing, will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made; which record includes the testimony and evidence upon which the appeal is to be based. (Section 286.0105, F.S.) The City of Fort Walton Beach adheres to the Americans with Disabilities Act and will make reasonable accommodation for access to this meeting upon request. Please call the City Clerk, Helen Spencer at 850-833-9509. For hearing impaired call 1-800-955-8771 (TDD) or 1-800-955-8770 (VOICE). Requests for a special: accommodation must be received at least 48 hours in advance of the meeting in order to allow the City time to provide the requested service.