Okaloosa County BOCC — September 15, 2015 — Public Hearing to remove stipulations from Resolution 13-178 — agenda request

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: September 15, 2015 TO: Honorable Chairman and Members of the Board FROM: Jason Autrey SUBJECT: Public Hearing to remove stipulations from Resolution 13-178 DEPARTMENT: Public Works BCC DISTRICT: 2 STATEMENT OF ISSUE: Thomas Watkins of Watree Construction and Land Developing, LLC has petitioned the Board of County Commissioners to hold a public hearing to remove stipulations from Resolution 13-178 whereas the Board vacated a portion of 5th Avenue and 5th Street rights-of-way in the Port Dixie subdivision in Shalimar. BACKGROUND: Watree Construction and Land Developing, LLC has homes under construction at 873 5th Street and 881 5th Street. Construction on these two homes commenced in April, 2015. Surveys submitted to Growth Management revealed the foundational structures of both homes are encroaching into a portion of the vacated right-of-way of 5th Avenue and the alleyway within the block. Resolution 13-178 stipulates the County and all licensed utility companies retain a full width easement within the vacated right-of-way and stipulates no structures are allowed within the vacated area except as approved by the Board. Watree Construction is requesting, by petition to the Board, to remove the stipulation concerning the ban of structures within the vacated right-of-way and to amend the full width utility easement. The utility easement will be amended to that portion of the previously vacated right- of-way not encumbered by structures. This vacation was posted on site, however due to an advertising error with the Daily News public notification via the newspaper has not satisfied the two (2) week notice requirement. Therefore, it is recommended that the Board allow members that may appear at this meeting (as stated on the site notice) to speak to the matter and subsequently table the Public Hearing to a time certain of October 20, 2015. Staff has contacted the petitioner regarding the error. OPTIONS: Approve/Disapprove the resolution to remove/amend the stipulations for Resolution 13-178. Due to the advertising error with the newspaper, staff recommends the Public Hearing be tabled until a time certain date of October 20, 2015 to comply with all notification requirements. RECOMMENDATIONS: Staff recommends the Board table the Public Hearing until a time certain date of October 20, 2015 to comply with all notification requirements. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator