Fort Walton Beach Ordinance — 1493--Rezone South Street to MUCC-2 — reading text

. TING| DATE lst u/a/oQ | ORDINANCE 1493 Rnd © 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 PROPERTY AT THE SOUTHWEST CORNER OF THE INTERSECTION OF SOUTH AVENUE N.E. AND EGLIN PARKWAY N.E., AND THE PROPERTIES ON THE EAST SIDE OF EGLIN PARKWAY N.E. BETWEEN PATTON DRIVE N.E AND SOUTH STREET N.E., MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, FROM C-1 (LIMITED COMMERCIAL) DISTRICT AND P-1 (PROFESSIONAL OFFICE) DISTRICT TO MUCC-2 (MIXED-USE COMMUNITY COMMERCIAL) 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. That the Future Land Use Map of the Comprehensive Plan of the City of Fort Walton Beach identifies the subject area to be rezoned to MUCC-2 (Mixed-Use Community Commercial) District; and B. That the subject area is comprised of approximately 2.39 acres of land area; and C. The Municipal Planning Board held a public hearing and recommended the approval of the rezoning of the subject area from C-1 (Limited Commercial) District and P-1l (Professional Office) District, to MUCC-2 (Mixed-Use Community Commercial) District; and D. 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 E. That the zoning is consistent with the present Comprehensive Plan, adopted 22 August 2000. SECTION IIT. PROPERTY REZONED. The following described property is hereby zoned MUCC-2 (Mixed-Use Community Commercial) District: Lots 1, 2 and 3, Block 1, according to the plat of Amended Map of Garnier Beach, a subdivision as recorded in Plat Book 1, Page 156, of the Public Records of Okaloosa County, Florida. AND, a parcel of land at the southwest corner of the intersection of Eglin Parkway (State Road 85) and South Avenue, said parcel identified by 2001 Okaloosa County Parcel ID Number 12-2S-24-0000- 0002-0000 and more particularly described as: For a point of reference, commence at the Northwest Corner of Government Lot 1 of Section 12, Township 2 South, Range 24 West, of the Tallahassee Meridian; thence Easterly along the North line of said Section 12, for 502 feet to the Westerly Margin of State Road 85; thence deflect 115 degrees 13 minutes right for 11 feet to the Point of Beginning of the lands herein described; thence continue along said line for 154 feet to a point in the Westerly Margin of said State Road; thence deflect 90 degrees right for 150 feet; thence deflect 90 degrees right for 83.31 feet; thence deflect 64 degrees 47 minutes right for 165.78 feet to the Point of Beginning, all being located in 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. 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 VI. EFFECTIVE DATE. This ordinance shall take effect immediately upon approval by the City Council and Signature of the Mayor. ATTEST: CITY CLE hitmen tbtinmen ADOPTED : Mosk 3 A GOA razor: Novel CN ayers SO The form and legal sufficiency of the foregoing has been reviewed and approved by the City Attorney. [porone Miller, City Attorney Daily News Published Daily Fort Walton Beach, Florida Distributed in Okaloosa, Santa Rosa & Walton Counties State of Florida County of Okaloosa Before the undersigned authorized personally appeared Michelle Perry »who on oath says that (s)he is Accounting Asst of the Northwest Florida Daily News, a daily newspaper published at Fort Walton Beach, in Okaloosa County, Florida; that the attached copy of advertisement, being pegal 397 in the matter of Notice of Public Hearing - Ordinance 1493 in the Court, was published in said newspaper in the issues of April 12, 2002 Affiant further says that the said Northwest Florida Daily News i newspaper published at Fort Walton Beach, in said Okaloosa County, Florida, and that the said newspaper has heretofore been continuously published in said Okaloosa County, Florida, each day, and has been entered as second class mail matter at the post office in Fort Walton Beach, in said Okaloosa County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that (s)he has neither paid nor promised any person firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisem ‘ : } newspaper. & isement for publication in the said STATE OF FLORIDA COUNTY OF OKALOOSA Subscribed and sworn to-(or affirmed) before me this 4-12-02 | (Date) by VY; cM LL (4 »who is/are personally known to me or has/have produced verd onallyKnown as identification (Type of identification) tary Public, C i (Signature) ry ic, Commission No. __. (Name of Notary typed, printed or stamped) NOTARY a My Comm top. 8/2 No. CC 978623 61 Personally Known ( } Other 1.0. leg. SBE : CITY OF FORT WALTON BEACH, FLORIDA”: NOTICE OF PUBLIC HEARING . _A PUBLIC HEARING will be held on the following roposed ordinance at :0 Bam. on_ Tuesday, April, 23, 2002, 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 - lew. The ordinance in ts entirety mar inspect 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 roposed ordinance. RDINANCE 1493 NO H FOR FINDINGS - FACT: PROVIDING “FOR THE REZONING OF THE OF EGLIN PARKWAY N.E. BETWEEN PATTON DRIVE_N.E. AND SOUTH STREET N.E., MORE PAR- TICULARLY “DESCRIBED. . IN THE BODY OF THE ORDINANCE, FROM _C-1. (MITES COMMERCIA ISTRICT = AND P-T (PROFFSSIONAL OFFICE) ISTRICT T MUCC a (MIXED-USE TY COMMER. CIAL) DISTRICT; PROVID- ING FOR H E AMENDMENT OF THE AFFECTED PORTION OF THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY AND PRO- VIDING AN EFFECTIVE DATE. 2. Any person who decides to appeal any decision made ‘with respect to an matter -considered at suc! hearing will need a record of fhe proceedings, and for such purpose may peed to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon whigh the: appeal is to e ased F$286.0105). he City of Fort Walton Beach adheres to the Americans with Disabilities 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 dia 1-800-955-8771 {rol or ]-800-955-877 VOICE). Requests must e received at least 48 hours in advance of the meeting in order to allow the Cily time to provide requested service. - Helen Spencer Cy Glerk 833-9509 leg. 397 April 12, 2002