Fort Walton Beach Council agenda — 01-23-2007 regular agenda — reading text

Number: PH- 9  DRAFT 11- 9- 06 1 2 3 4 ORDINANCE 1715 5 6 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; 7 PROVIDING FOR AUTHORITY; AMENDING SECTION 2. 11. 12 8 ENTITLED MEETINGS, VOLUME II, CODE OF ORDINANCES, BY 9 PROVIDING FOR MEETINGS OF THE MUNICIPAL PLANNING BOARD 10 ON THE THURSDAY OF JANUARY EACH YEAR; SECOND 11 RESOLVING CONFLICTING PROVISIONS; PROVIDING FOR 12 SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 13 14 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 15 FORT WALTON BEACH, FLORIDA, AS FOLLOWS: 16 SECTION I. AUTHORITY 17 The authority for enactment of this Ordinance is pursuant to the powers of the City of 1), 18 Fort Walton Beach, provided in section 2 of the City Charter and section 166.021 ( 19 Florida Statutes (2006). 20 21 SECTION II. AMENDMENT TO SECTION 2. 11. 12. MEETINGS, VOMUME II, CODE OF 22 ORDINANCES. 23 24 A. Section 2. 11. 12. Meetings, Volume II, Code of Ordinances, is hereby 25 amended as follows: 26 27 2. 11. 12 Meetings 28 29 Meetings of the municipal planning board shall be held on the first month, to 30 Thursday of each month, and as needed on the third Thursday of each shall be 31 dispense with regular business before the board. The January meetina 32 held on the second Thursdav of that month. Additional meetings may be called in writing. The 33 by the chairperson at the request of four members of the board, 34 location of all meetings of the municipal planning board shall be in the city in a of the municipal 35 place accessible to the public. All meetings and public hearings be set for a 36 planning board shall be open to the public. Public hearings shall 37 time certain after due public notice. 38 39 SECTION III. CONFLICTING PROVISIONS. Page 1 J/lI/ i  DRAFT 11- 9- 06 40 41 If any ordinance or parts of any ordinance are in conflict with this ordinance, the 42 provisions of this ordinance shall prevail. 43 44 SECTION IV. SEVERABILITY. 45 46 Should any section or provision of this ordinance, or any portion thereof, be 47 declared by a court of competent jurisdiction to be invalid, such decision shall not affect 48 the validity of the remainder, as a whole or any part hereof, other than that part 49 declared to be invalid. 50 51 SECTION V. EFFECTIVE DATE. 52 53 This Ordinance shall take effect immediately upon approval by the City Council 54 and signature of the Mayor. 55 56 57 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORT 58 WALTON BEACH, FLORIDA ON THE DAY OF , 2006. 59 60 61 62 63 MIKE ANDERSON, MAYOR 64 65 66 ATTEST: 67 68 69 HELEN A.SPENCER 70 CITY CLERK 71 72 73 Approved as to form and legal sufficiency. 74 75 76 77 TONI L. CRAIG 78 CITY ATTORNEY 79 New language is underlined. 80 Deleted language is stricken. Page 2  CITY COUNCIL MEETING January 23, 2007 Public Hearing Agenda Consideration ot Ordinance 1714 providing tor the vacation, abandonment, discontinuance and closure ot all alley rights- ot- way in Block J, Spivey Gibson second addition to Camp Walton Second Reading) ( CDS Director) Municipal Planning Board Recommendation: Approval 7- 0 ( 1217/ 06) Council Action 1 st 2nd Vote: Agenda Item Number: PH - 10  1 ORDINANCE 1714 2 3 4 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 5 FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR 6 FINDINGS OF FACT; PROVIDING FOR THE VACATION, 7 ABANDONMENT, DISCONTINUANCE AND CLOSURE OF 8 ALL ALLEY RIGHTS- OF- WAY IN BLOCK J, SPIVEY GIBSON 9 SECOND ADDITION TO CAMP WALTON, AS RECORDED IN 10 PLAT BOOK 1, PAGE 30, PUBLIC RECORDS OF 11 OKALOOSA COUNTY, FLORIDA; AND PROVIDING FOR AN 12 EFFECTIVE DATE. 13 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, 16 FLORIDA, AS FOLLOWS: 17 18 SECTION I. AUTHORITY. The authority for enactment of this Ordinance is pursuant to 19 the powers for the City of Fort Walton Beach, provided in Section 2, of the City Charter; 20 and Section 166. 021 ( 1), Florida Statutes. 21 22 SECTION II. FINDINGS OF FACT. The City Council of the City of Fort Walton Beach 23 finds the following: 24 25 A. The fee simple title holder of the property abutting the subject alley rights- of-way 26 submitted a request to the City of Fort Walton Beach to vacate, abandon, 27 discontinue and close all alley rights- of-way, as described herein, and, 28 29 B. The Municipal Planning Board held a public hearing after due public notice on 30 December 7, 2006 to determine the need for all alley rights- of-way, as described 31 herein, and recommended that the request be approved; and, 32 33 C. There is no present necessity, or reasonably foreseeable necessity, for the 34 retention of any alley rights- of-way as described herein. The continued ownership 35 and control of the City' s interest in a portion of the alley rights- of-way, as described 36 herein, is not required; and, 37 38 D. The right to exclusive or necessary access of adjoining property owners will not be 39 negatively impacted by this action. 40 41 E. That the access to a public water body will not be negatively impacted. 42 43 SECTION III. VACATION, ABANDONMENT, DISCONTINUANCE AND CLOSURE 44 The City' s interest and use in the following alley rights- of-way: 45 46 ALL ALLEY RIGHTS- OF- WAY WITHIN Block J, Camp Walton, according to 47 the Plat thereof recorded in Plat Book 1, Page 30, of the Public Records of 48 Okaloosa County, a/ k/a Block C, Spivey' s Second Addition to Camp Walton, 49 Fla., as recorded in Plat Book 1, Page 32, of the Public Records of Okaloosa 50 County, Florida. 51 52 SECTION IV. EFFECTIVE DATE. 53 54 This Ordinance shall take effect immediately upon approval by the City Council and 55 signature of the Mayor. Page 1 of 2 DRAFT 11- 13- 06 f / 56 57 58 ADOPTED: 59 60 61 62 MAYOR: 63 Mike Anderson 64 65 66 67 Attest: 68 69 70 71 Helen Spencer, 72 City Clerk 73 74 75 76 Approved for form and legal 77 sufficiency. 78 79 80 81 Toni L. Craig, City Attorney 82 83 84 85 86 Page 2 of 2 DRAFT 11- 13- 06  CITY COUNCIL MEETING January 23, 2007 Public Hearing Agenda Consideration of Ordinance 1719 enacting a new section providing a foundation survey shall be required within 21 calendar days after the foundation inspection First Reading) ( CDS Director) Council Action 1 st 2nd Vote: PH - 11 Agenda Item Number:  CITY OF FORT WALTON BEACH COMMUNITY DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM Date: January 12, 2007 To: Joyce Shanahan, City Manag~;;~~ Through: Missy McKim, Director, cdid From: Malcolm Foley, AICP, Zoning, Code & H. Building, Supervisor Linda Carnley, Building Official Subject: ORDINANCE 1719 - FIRST READING AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING SECTION 3. 02, BUILDING CODE, BY ADDING SECTION 3. 02. 13; PROVIDING FOR AUTHORITY; ENACTING A NEW SECTION PROVIDING A FOUNDATION SURVEY SHALL BE REQUIRED WITHIN 21 CALENDAR DAYS AFTER THE FOUNDATION INSPECTION; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. SUMMARY: A special purpose as- built foundation survey will be required within 21 calendar days of the foundation inspection. The Building Official shall have 7 days to review and comment on the survey. Failure to provide the as- built foundation surveyor failure to make necessary corrections would invoke a stop work order for the development. All vertical inspections will cease. All work commenced after the foundation inspection will be at the permit holder' s risk. A final as- built survey shall continue to be required prlor to the issuance of a certificate of occupancy. BACKGROUND: CDS staff have prepared the