Fort Walton Beach Council agenda — 04-26-05 — reading text

inadequate work completed during the Beaver Bridge/ FDOT construction. Parsons the work to FDOT' plans and specifications. You also the contractor for FDOT and required to perform pursuant s is stated that time is of the essence with the project, considering the length of time since completion, that the work that would not to be done in public right- of-way, the home owner has signed a similar agreement, and City crews be on- site other than for oversight/inspection. work can With that prelude, I believe it is reasonable to have the City Manager execute the Agreement so that the Then, the Council could ratify the Agreement as a consent agenda item. begin. If you have any questions, please contact me. Toni L. Craig Attorney at Law Fla. Bar No. 0115444 151 Mary Esther Blvd Ste 408 Mary Esther FL 32569 850) 243- 6969 Fax: ( 850) 244- 8929 Accountability ...., Commitment Pride...., The information contained in this email maby be A TTORNEY-CLlENT privileged and should not be disseminated to or viewed by anyone other than the named recipient. If you are uncertain, please ask. 4/ 18/ 2005  RIGHT OF ENTRY AGREEMENT STATE OF FLORIDA COUNTY OF into on the day of by and This AGREEMENT, made and entered between hereinafter called the " OWNER" and Parsons Transportation Group, City of Fort Walton Beach, hereinafter called " Parsons." WITNESSETH: enter into said Agreement and Parsons has been requested by WHEREAS, the owner has the authority to described; and the owner to undertake the project hereinafter located affected by the above referenced project which are WHEREAS, there are certain improvements and upon the Owner' s property; to modify the Owner to be in the best interest of the Owner WHEREAS, it is hereby determined by the with the above referenced project. existing improvements herein, of these mutual covenants, promises and representations NOW, THEREFORE, in consideration the parties agree as follows: have the right The Owner hereby agrees that Parsons and/or its duly authorized representative shall 1. 0 lands for the purpose of undertaking the project as further to enter upon the Owner' s remaining and by this reference made a part hereof, hereinafter called described in Exhibit " A" attached hereto the project, Parsons shall indemnify, defend, save, and hold hannless 2. 0 To the extent permitted by law, the Owner from any claim, loss, damage, cost, charge or expense and all its officers, agents and employees officers, the Owner or of its agents, act, error, omission or negligent act by any arising out of any employees, or representatives. that the project was The Owner will certify in writing, within thirty days of project completion, 3. 0 Owner' s and specifications, is in place on the completed in accordance with applicable plans the Owner as suitable for the intended purpose. facility, and that the project is accepted by constructed under this on the Owner' s property 4. 0 The Owner agrees to maintain any project agreement. the day and year first In WITNESS WHEREOF, the parties have caused these presents to be executed above written. PARSONS: OWNER: 3. lb- O~ Date Date Signature Name ( Please Print or Type) Name ( Please print or type) Title Title  CITY COUNCIL MEETING April 26, 2005 Public Hearing - Quasi Judicial to the Consideration of Ordinance 1627 relating Club Avenue NE rezoning of 628 Country First Reading 4/ 07/ 05) Recommendation: Approval 5- 0 (0/ Municipal Planning Board Council Action 1st 2nd Vote: PH - 3 Agenda Item Number:  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM DATE: April 13, 2005 TO: Joyce Shanahan, City Manager THROUGH: Missy Me Kim, CDS Directo~ FROM: Len Mitchell, Planning Manager ~ SUBJECT: Ordinance # 1627 - Request to Rezone 628 Country Club Avenue NE from Okaloosa County RUS ( Residential Urban Single) District to City R- 1A Single Family Dwelling) District ( 1st Reading) THE REQUEST: The Department of Community Development Services ( CDS) is processing on behalf of Keith and Kimberly Brooks, owners, a request to rezone from Okaloosa County RUS ( Residential Urban Single) District to R- 1A ( Single Family Dwelling) District the 0. 34 acre parcel of property located at 628 Country Club Avenue NE. BACKGROUND: The process of amending the Official Zoning Map of the City requires the adoption of an ordinance after two ( 2) readings before the City Council. An advertised public hearing must be held 10 days prior to adoption. As explained in the Staff Report, the applicants are seeking to rezone their property to a City zoning district ( R- 1A) after having annexed the property to the City in October 2004 and having the property designated Low Density Residential ( LDR) on the Future Land Use Map ( FLUM) in but January 2005. The property has been under County zoning and land Use since annexation is now ready to be rezoned to a City zone consistent with the LDR land use designation. There are no requirements for posting with notices, legal advertisements or public notices prior to consideration by the MPB. DISCUSSION: Staff has prepared the enclosed Staff Report, which includes general background information, a project descriptionand a chronology of the zoning and development of the request site. The Staff Report also includes a determination of applicable law, consistency of the request with the Comprehensive Plan and determination of appropriateness of the request, including suggested findings for the MPB regarding the 13 criteria enumerated. The analysis recommends approval of the request. Ordinance 1627, if adopted would rezone the O. 34-acre site to the R- 1A District and amend the Official Zoning Map of the City. A draft of the proposed ordinance has been reviewed and approved for legal sufficiency and form by the City Attorney ( see enclosure) RECOMMENDATION: Staff recommends that the Municipal Planning Board find the request consistent with the its approval of Comprehensive Plan and forward a recommendation to City Council indicating Ordinance 1627. Enclosures: Location Map Ordinance 1627( draft 3- 1- 05)  EXHIBIT " A" LOCATION MAP 628 Country Club Ave. NE City of Fort Walton Beach Community Development Services Rr r T~ I~ I ;# J 7{f o 800' I- f- ~ Feet l. I--