Fort Walton Beach Ordinance — 1546--Rezoning Waterfront — reading text

ORDINANCE 1546 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 WATERFRONT PROPERTIES ON THE EAST SIDE OF BEACHVIEW DRIVE NE BETWEEN 259 BEACHVIEW DRIVE NE AND 289 BEACHVIEW DRIVE NE (INCLUSIVE), (ODD ADDRESSES ONLY), AND 224 SOUTH STREET NE, 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 7.58 acres of waterfront land area; and BE. 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 2 - Ord#1546 F. 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 G. 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: Lots 2 through 17, inclusive, Block 2, according to the plat of Garniers Beach Subdivision, a subdivision as recorded in Plat Book 1, Page 156, of the Public Records of Okaloosa County, Florida; and, Lot 2, according to the plat of Paradise Bay Subdivision as recorded in Plat Book 17, Page 66, of the Public Records of 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. 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 p-f une. AB, IQ MAYOR: . Approved as to form and legal an sufficiency. hy Lraiptal “4 Craig Ted}, City Attorney “Page 2 of 2 - Ord#1546 Shy “SF FORT WALTON N Bi ORIDA 4 = OF PUBLIC CITY OF FORT WALTON BEACH, FLORIDA AURIS HEARING, il NOTICE OF PUBLIC HEARING ropened orditence Ao am. on Tuesday, : 22, 2004, in th A PUBLIC HEARING will be held on the following proposed ordinance at 7:00 p.m. on Tuesday, June Cova Chamber. For 2004, in the Council Chamber at Fort Walton Beach City Hall, 107 Miracle Strip Parkway, SW, at wl YO? Mipslo” swig, Peck time the City Council will consider its adoption into law. The ordinance in its entirety may be inspecte He"ciiy Counc hich time the Office of the City Clerk during regular working hours. All interested parties may appear at the mee sider its adoption _ into and be heard with respect to this proposed ordinance. pel an aaa at the Office. of the City ORD. 1546 Clerk during regular working hours. All ‘inter- AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING F. 2'°¢ Patties. may appear ? ; F- at th f b AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE REZONING OF 7 jheord with respect to this heard with respect to this AREA GENERALLY DESCRIBED AS THE WATERFRONT PROPERTIES ON THE EAST SIDE BRB. 15460 BEACHVIEW DRIVE NE BETWEEN 259 BEACHVIEW DRIVE NE AND 289 BEACHVIEW DRI tHe gp panos WAL NE (INCLUSIVE), (ODD ADDRESSES ONLY), AND 224 SOUTH STREET NE, MC TON BEACH, FLORIDA; PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, FROM R-1A (SINC ThoRity, PROVIDING FAMILY DWELLING) DISTRICT TO R-IE (ESTATE SINGLE FAMILY DWELLING) DISTRI! FOR | te) PROVIDING FOR THE AMENDMENT OF THE AFFECTED PORTION OF THE OFFICIAL ZONI THE REZONING OF THE MAP; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. SCRIBED” ES HE. WA Any person who decides to appeal any decision made with respect to any matter considered at such hea ON THE EAST. SIDE OF will need a record of the proceedings, and for such purpose may need to ensure that a verbatim recor BETWEEN DRIVE 239 the proceedings is made, which record includes the testimony and evidence upon which the appeal is tc Bec HRW aR vE NG based (FS286.0105). DRIVE NE (INCLUSIVE) ODD ADDRESSES The City of Fort Walton Beach adheres to the Americans with Disabilities Act and will make reasona south STREET tty modifications for access to this meeting upon request. Please call the City Clerk, Helen Spencer at 8 DESCRIBED IN THE 833-9509 to make a request. For Hearing Impaired dial 1-800-955-8771 (TDD) or 1-800-955-8° PODY--OF eH, QRDL (VOICE) or the City Hall TDD #850-833-9925, Requests must be received at least 48 hours in advance {SINGIE FAMILY DWELL the meeting in order to allow the City time to provide requested service. No Dsigct 7 FAM DWELLING} DISTRICT; PROVIDING FOR THE AMENDMENT OF THE AFFECTED PORTION OF THE OFFICIAL ZONING Helen Spencer SVERABIITY ANG PRO- City Clerk VIDING AN EFFECTIVE 833-9509 DATE. Any person who decides to ‘appeal any decision made with respect to an matter considered at suc earing will need a rec- ord of the proceedings, and for such purpose may need fo ensure that a verbatim record of the proceedings is made, which record includes the testimony .and evidence upon which the appeal ; 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 a request. For Hearing Impaired dia 1-800.955-8771 (io or: 1-800-955-3771 ’ (VOICE) or the City Hall DD #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. len cer City Clerk 833-9509 leg. 739 June 11, 2004