Fort Walton Beach Ordinance — 1538--Rezoning areas of Brooks Street — reading text

BADE? Let bl of, Of and Kobde4oY | ORDINANCE 1538 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 PROPERTIES ON THE SOUTH SIDE OF BROOKS STREET SE AT 338, 344, 346, AND 348 BROOKS STREET SE AND BETWEEN 203 GILMORE COURT SE AND 218 GILMORE COURT SE (INCLUSIVE), AND 202 WALKEDGE DRIVE SE, 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 6.05 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 Page 1 of 3 - Ord#1538 Public hearings have been conducted after giving due public notice pursuant to Section 166.041 (3) (c) 1, Florida Statutes, by the City Council of Fort Walton Beach; and 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-IE (Estate Single Family Dwelling) District: Lot 1, Block 7, Elliotts Point, a subdivision as recorded in Plat Book 1, Page 98, of the Public Records of Okaloosa County, Florida, and that parcel of land lying South of the South lot line of said Lot 1, East of a Southerly extension of the West line of said Lot 1, West of a Southerly extension of the East line of said Lot 1 and North of the shoreline of Santa Rosa Sound, less that parcel previously Quit Claim Deeded to the City of Fort Walton Beach, Florida, in Official Records Book 407, Page 733 (Hood Avenue cul-de-sac) ; AND, Lot 1, except the north 125 feet, and Lots 3 and 4, Block B, and Lots 4 through 14, inclusive, Block A, according to the plat of Gilmore Subdivision, as recorded in Plat Book 4, Page 30, of the Public Records of Okaloosa County, Florida, together with that portion of Gilmore Court (vacated) lying between the south line of Lots 12, 11, 10 and 9, Block A, and the north line of Lots 5, 6, 7 and 8, Block A, less any portion thereof lying seaward of the mean high water line; AND, Lot 2, according to the plat of Gilmore 1% Addition, a subdivision as recorded in Plat Book 12, Page 7, of the Public Records of Okaloosa County, Florida; AND, Lots 2 & 3, according to the plat of Walkedge Subdivision, as recorded in Plat Book 13, Page 65, of the Public Records of Okaloosa County, Florida; AND, that parcel of land lying South of the South lot line of Lot 7, Block 7, Elliotts Point, a subdivision as recorded in Plat Book 1, Page 98, of the Public Records of Okaloosa County, Florida, and lying East of a Southerly extension of the Page 2 of 3 - Ord#1538 West line of said Lot 7, and West of a Southerly extension of the East line of said Lot 7, and North of the Shoreline of Santa Rosa Sound. 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. ADOPTED: Vitec, AX, JeoY MAYOR: “A CITY CLERK Approves as to form and legal yy trcency: nul papaal Toni Craig ig Teal{)city Attorney Page 3 of 3 - Ord#1538 | rns 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, June 2004, in the Council Chamber at Fort Walton Beach City Hall, 107 Miracle Strip Parkway, SW, at wt time the City Council will consider its adoption into law. The ordinance in its entirety may be inspecte’ the Office of the City Clerk during regular working hours. All interested parties may appear at the mee and be heard with respect to this proposed ordinance. ORD. 1538 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING F AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE REZONING OF 17 AREA GENERALLY DESCRIBED AS THE PROPERTIES ON THE SOUTH SIDE OF BRO STREET SE AT 338, 344, 346, AND 348 BROOKS STREET SE AND BETWEEN 203 GILM COURT SE AND 218 GILMORE COURT SE (INCLUSIVE), AND 202 WALKEDGE DRIVE| MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, FROM R-1A (SIN FAMILY DWELLING) DISTRICT TO R-1E (ESTATE SINGLE FAMILY DWELLING) DISTRI PROVIDING FOR THE AMENDMENT OF THE AFFECTED PORTION OF THE OFFICIAL ZONI MAP; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. Any person who decides to appeal any decision made with respect to any matter considered at such hea will need a record of the proceedings, and for such purpose may need to ensure that a verbatim recon the proceedings is made, which record includes the testimony and evidence upon which the appeal is tc based (FS286.0105). The City of Fort Waiton Beach adheres to the Americans with Disabilities Act and will make reasona modifications for access to this meeting upon request. Please call the City Clerk, Helen Spencer at 8 833-9509 to make a request. For Hearing Impaired dial 1-800-955-8771 (TDD) or 1-800-955-8" (VOICE) or the City Hall TDD #850-833-9925. Requests must be received at least 48 hours in advance FOR the meeting in order to allow the City time to provide requested service. Helen Spencer City Clerk 833-9509 . a request. leg, 731 SAYOF FORT WALTON Cl BEACH, FLORIDA NOTICE OF — PUBLIC HEARING A PUBLIC HEARING will be held on the following roposed ordinance at 00 im. on Tuesday, June 2b. 2004, in the Council Chamber at Fort Walton Beach City Hall, 107 Miracle Strip Park- 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 hours. All ‘inter- ested parties may appear at the meeting and be heard with respect to this- ro) osed ordinance. RD. AN ORDINANCE | OF THE CITY OF FORT WAL- TON BEACH, FLORIDA; PROVIDING FOR _ A fe) AREA GENERALLY _DE- SCRIBED. AS_ THE PROP- ERTIES ON THE SOUTH SIDE OF _ BROOKS STREET SE AT 338, 344 346, AND | 348 BROOKS _ STREET _ SE AND BETWEEN 203 GILMORE COURT, SE AND 218 Gl RE COURT SE Were AND 202 WALKEDG' DRIVE SE, MORE PAR. TICULARLY _ DESCRIBED IN THE BODY OF THE DISTRICT FAMILY DWELLING DISTRICT. PROVIDIN THE AMENDMENT OF THE AFFECTED. POR- TION OF THE OFFICIAL Fee roe everasiiry : PROVIDING AN, . RFPECTIVE DATE. ‘Any person who decides to appeal any decision made with respect to an matter considered at suc hearing will need a rec ord’ 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 e ase FS286.0105)}. 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 the City Clerk, Helen Spencer at 850-833-9509 to make For Hearin ia TDD Hall #850-833-9925. Requests must be re- ceived at least 48 hours in advance of the meet ing in order fo allow the City time to provide re uested service. lelen Spencer City Clerk 833-9509 . leg.:731 June 11, 2004 Impaired 1-800-955-8771 or 1-800-955- {WOICE) or the Ci DD