Fort Walton Beach Ordinance — 898 — reading text

t City of Fort Walton Beach Pe tome «=OoFSOTHE Cm Score Ovdinance 898 i/ nn il AN ORDINANCE REZONING CERTAIN 7 * a PROPERTY IN THE CITY OF FORT ai ia WALTON BEACH, FLORIDA, FROM R-2 0. ge Ay! TO P~1; PROVIDING THE EFFECTIVE Go a DATE HEREOF. BACKGROUND FACTS: A. The owners of the property described in this ordinance have submitted a request to rezone this property, and B. A public hearing has been held after "due public notice" before the Municipal Planning Board of Fort Walton Beach, which meeting occurred on June 3, 1986 and August 5, 1986; the Municipal Planning Board has recommended the request by the owners be approved, and C. A public hearing has been held under this same "due public notice" before the City Council on September 9, 1986, and D. This property is located at 110, 112, 114 Chicago Avenue S.E., legally described below. Considering all of the above, be it ORDAINED: SECTION 1, That the following described property is hereby rezoned from R-2 to P=1: Lots 301, 302, and 303, Ocean City Subdivision. SECTION 2, This Ordinance shall take effect immediately upon approval by Council and signature by the mayor. ADOPTED : MAYOR: ATTEST: CITY CLERK The form and legal sufficiency of the foregoing has been reviewed and approved by the City Attorney CITY ATTORNEY Caty of Fort Walton Beach INTER-OFFICE MEMORANDUM DATE: August 5, 1986 TO: Public Services FROM: Municipal Planning Board SUBJECT: Recommendations The Municipal Planning Board recommends the following: REQUEST: To close right-of-way of (Methodist Avenue) between First Street and Second Street, that fifty foot right-of-way of "Methodist Street", (Currently "Avenue) lying between Block 3 and 4 of Central Addition as recorded in Plat Book 2, Page 36 of the Publie Records of Okaloosa County, Florida - Vic Deal. PLANNING BOARD: Neither recommends approval nor denial of the request since the members could not reach a majority vote. REQUEST: To rezone from R-2 to P-1, 110, 112, 114 Chicago Avenue, S.E., Lots 301, 302, and 303, Ocean City Subdivision ~ Don David PLANNING BOARD: Recommends approval. REQUEST: To rezone from R-1 to R-2, 7 Elm Avenue, north 100! of Lot 547, Ocean City Subdivision, Janewood; Inc., Alice Wyatt. PLANNING BOARD: Recommends approval. RECOMMENDATION: The Planning Board recommends to Council that they instruct the City Clerk to prepare the necessary advertisements to rezone the area on the north side of Bobolink from Harbeson to Shell, R-2. Chairman noted that all the members were not present at this meeting, however, when Council refers the documentation back to the Board, at that time they could discuss it more thoroughly. HOME OF THE Jed Boor LAW OFFICES OF SMITH, GRIMSLEY, REMINGTON & KESSLER WALTER J. SMITH 25 WALTER MARTIN AVENUE JAMES W. GRIMSLEY POST OFFICE BOX 2379 THOMAS T. REMINGTON FORT WALTON BEACH, FLORIDA 32549 SIEGFRIED F. KESSLER (904) 243-8194 VINCENT M. BRUNER August 14, 1986 Mr. C. L. Ingram City Manager Post Office Box 4009 Fort Walton Beach, FL 32549 RE: Rezoning request by Don David Dear Chuck: I have researched the case authority and now believe that the granting of Mr. David's request would constitute spot zoning. Although it seems to be a pretty close call, I believe it would be more prudent to deny the request because of this potential significant legal problem. Tf you have any questions concerning this or any other matter, please let me know. VINCENT M. BRUNE VMB:drb CITY OF FORT WALTON BEACH NOTICE OF PUBLIC HEARING: The City of Fort Walton Beach through its MUNICIPAL PLANNING BOARD will hold a Public Hearing at City Hall, 107 Miracle Strip Parkway S.W., at 4:00 p.m. or as soon thereafter as the issue may be heard, Tuesday, August 5, 1986, to hear the following request. Any person who decides to appeal any decision of the Municipal Planning Board, with respect to any matter considered at this meeting 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. Request to rezone from R-2 to P=1, 110, 112, 114 Chicago Avenue, S.E., Lots 301, 302, and 303, Ocean City Subdivision - Don David Helen Spencer City Clerk 243-3141, Ext. 72 Leg:224 ae NOTICE OF PUBLIC HEARING: The City of Fort Walton Beach through its MUNICIPAL PLAN- NING BOARD will hold a Pub- lic Hearing .at .City, Hall, 107 Miracle Strip. Parkway -S.W., at 4:00 p.m. or.as soon there- after as. the. issue may be heard, . Tuesday, August 5,° 1986, ‘to hear the. following request. Any person who de- icides to appeal any.decision of » the. Municipal . Planning ‘Board, with respect. to any matter, considered , at, this “meeting 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... _ Request to rezone from R-2 to PT, 110, .112,°. 114+ Chicago Avenue, S.€., Lots 301, 302, an, 303, Ocean City Subdivi- sion - Don David: . ; _ 224: July 21, 31, 1986 Leg:224 NOTICE OF PUBLIC HEARING: The City of Fort Walton Beach’ through its MUNICIPAL PLAN. » NING BOARD will hold a Pub- lic Hearing at City Hall,. 107 Miracle Strip Parkway S.W., at 4:00 p.m. or as soon there- ‘after as the issue may be heard, Tuesday; August 5, 1986, to hear the following. request. Any person who de- cides to appeal ‘any decision of the Municipal Planning Board, with respect to any matter considered at | this meeting 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. , Request to rezone from R-2 to P-¥, 110, 112, 114 Chicago Avenue, S.£.; Lots 301, 302, an 303, Ocean City Subdivi- sion - Don David; ->~- . 224: July 21, 31,71986 *