Fort Walton Beach Ordinance — 1594--Rezone Elliots Point to CF — reading text

oo. Coy 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 301 HUGHES STREET NE; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM R-1A (SINGLE FAMILY DWELLING) DISTRICT TO EF (EDUCATIONAL FACILITIES) DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR REPEAL OF ANY CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE 1594 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 the School Board of Okaloosa County, Florida, the fee simple title holder of the subject property; and, B. WHEREAS a public hearing was held before the Municipal Planning Board on May 6, 2004, and the Municipal Planning Board has recommended the request be approved; and, C. WHEREAS, the City Council has conducted public hearings after giving due public notice pursuant to Section 166.041, Florida Statutes; and, D. WHEREAS, the property, presently known as Elliott Point Elementary School, located at 301 Hughes Street NE, comprises 9.0 acres, more or less, and is legally described in Section 3 of this Ordinance; 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 as: Commence at the southeast comer of Section 12, Township 2 South, Range 24 West, Okaloosa County, Florida; thence North 1 degree 26 minutes 00 seconds East along the east line of said Section 12 for a distance of 81.90 feet for the Point of Beginning; thence continue North 1 degree 26 minutes 00 seconds East along the said east line for a distance of 630.00 feet; thence North 88 degrees 34 minutes 00 seconds West for a distance of 237.25 feet; thence North 54 degrees 34 minutes 00 seconds West for a distance of 277.25 feet; thence South 39 degrees 26 minutes 00 seconds West for a distance of 315.78 feet to the point of curve of a circular curve concave to the East; thence along the arc of the said curve (radius of 282.83 feet, central angle of 61 Page 1 of 2 degrees 45 minutes 00 seconds; chord length of 290.28 feet; chord bearing South 8 degrees 33 minutes 30 seconds West) for an arc distance of 304.46 feet to the point of tangent; thence South 22 degrees 19 minutes 00 seconds East along the tangent of said curve for a distance of 200.00 feet to the point of curve of a circular curve concave to the South; thence along the arc of the said curve (radius of 546.85 feet, central angle of 50 degrees 00 minutes 00 seconds; chord length of 462.22 feet; chord bearing South 87 degrees 19 minutes 00 seconds East) for an arc distance of 477.22 feet to the point of tangent; thence South 62 degrees 19 minutes 00 seconds East along the tangent of said curve for a distance of 160.00 feet to the Point of Beginning; containing 9.0 acres, more or less, and lying in Section 12, Township 2 South, Range 24 West, Okaloosa County, Florida, is hereby rezoned EF (Educational 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-1A (Single Family Dwelling) District to EF (Educational Facilities) District for the specific parcel which is legally described in Section 3. of this Ordinance. 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. This Ordinance shall become effective upon approval by the City Council and signature of the Mayor. ADOPTED; MAYOR: “bok boat. Helen Spencer, (ity Clerk Approved as to legal sufficiency and form. wil NAO al Toni Craig Teal, City Attomey Page 2 of 2 leq. 675 CI OF FORT WALTON BEACH, FLORIDA NOTICE OF PUBLIC HEARI A PUBLIC HEARING will be held on the following. roposed ordinance at :00 p.m. on Tuesday, CITY OF FORT WALTON BEACH, FLORIDA June 8) 2004, in the NOTICE OF PUBLIC HEARING Walken Becch Cig” Halt 107 Miracle Strip, Parke A PUBLIC HEARING will be held on the following proposed ordinance at 7:00 p.m. on Tuesday, Ju the City Council will con 2004, in the Council Chamber at Fort Walton Beach City Hall, 107 Miracle Strip Parkway, SW, at v sider the Edeption nie time the City Council will consider its adoption into law. The ordinance in its entirety may be inspect entirely One, be ;inspected ; . . : : ce of the the Office of the City Clerk during regular working hours. All interested parties may appear at the me Clerk during regular . : . king hours. All ‘inter- and be heard with respect to this proposed ordinance. ested parties moy appear at the meeting an pe ORD. 1594 heard with respect-to this roposed ordinance. — AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO AN ORDINANCE wit. REZONING OF CERTAIN PROPERTY WITHIN THE CITY OF FORT WALTON BE, TON BEACH, HORIDA, LOCATED AT 301 HUGHES STREET NE; PROVIDING FOR AUTHORITY; PROVIDING RELATING 1O THE. RE FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM R-1A (SIN; PROPERTY. WITHIN. THE CITY OF FORT WALTON FAMILY DWELLING) DISTRICT TO EF (EDUCATIONAL FACILITIES) DISTR|GIY.OF FORT,WAITON PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR REPEAL OF 1301” HUGHES STREEI CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOF AUTHOR Fro ING FOR FINDINGS OF EFFECTIVE DATE. FACT. PROVIDING. FOR ROPERTY TO BE_RE- . a . . PI Any person who decides to appeal any decision made with respect to any matter considered at such he: ZONED FROM R-IA will need a record of the proceedings, and for such purpose may need to ensure that a verbatim reco [SINGLE FAMILY DM Fs the proceedings is made, which record includes the testimony and evidence upon which the appeal is “(EDUCATIONAL | FACILI based (FS286.0105 JES) DISTRICT; : PROVID- a 0105). ING FOR: A ‘ZONING MAP AMENDMENT The City of Fort Walton Beach adheres to the Americans with Disabilities Act and will make reasor oF ANY CONRUCTING modifications for access to this meeting upon request. Please call the City Clerk, Helen Spencer at Pee ANCES et Ree: 833-9509 to make a request. For Hearing Impaired dial 1-800-955-8771 (TDD) or 1-800-955-! AND PROVIDING. FOR (VOICE) or the City Hall TDD #850-833-9925. Requests must be received at least 48 hours in advanc Any person who dacides aa ws . . to appeal any decision the meeting in order to allow the City time to provide requested service. made with respect to any matter considered at-suc hearing will.need a -rec- ord of the proceedings, and for such purpose may need. to ensure that Helen Spencer a verbatim record of the City Clerk hich record includes the 833-9509 testimony. and evidence upon. which’ the’ appeal. is to e' .. based 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 a. request. For Hearin Impaired #850-833-9925. Requests must be re- ceived: at least 48 hours in advance of the meet ing in order to allow the City time to provide re- quested service. lelen Spencer City Clerk 833-9509 leg. 675 May 28; 2004