Fort Walton Beach Council agenda — 11-14-06 ‎(regular)‎ — reading text

that the request be approved; and, 32 33 C. There is no present necessity, or reasonably foreseeable necessity, for the 34 retention of that portion of the easement as described herein. The continued 35 ownership and control of the City' s interest in a portion of the easement, as 36 described 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 described portion of an easement: 45 46 The East three ( 3) feet of the fifteen ( 15) foot utility easement that was 47 retained with the vacation of an alley in City of Fort Walton Beach Ordinance 48 100. 261, adopted June 12, 1979, recorded in Official Records Book 1042, 49 Page 401, of Okaloosa County, Florida. Portion of easement to be vacated 50 more particularly described as: 51 52 The East 3 feet of the vacated alley located between the following described 53 Parcel 1 and Parcel 2: 54 55 Parcel 1: The North 430 feet of the East 100 feet of fractional Section 23, Page 1 of 3 DRAFT 9- 18- 06 56 Township 2 South, Range 24 West, Fort Walton Beach, Okaloosa County, 57 Florida. 58 59 Parcel 2: Beginning at a point 15 feet East and 15 feet South of the northwest 60 comer of Section 24, Township 2 South, Range 24 West, Okaloosa County, 61 Florida; thence East 142.4 feet to an iron pipe, thence South 373. 2 feet to a 62 concrete monument on the edge of state Road; thence westerly along said 63 road 142. 8 feet to an iron pipe; thence North 364. 8 feet to the Point of 64 Beginning. 65 66 is hereby vacated, abandoned, discontinued and closed and the City of Fort 67 Walton Beach renounces and disclaims all rights and obligations of the City 68 and the public in that portion of said easement. 69 70 As a condition of this approval, the fee simple title holder of the property 71 abutting the remaining righto- f- way shall hold harmless and indemnify the City 72 for any damage or liability caused as a direct result of the City' s use of the 73 remaining right- of-way, and the fee simple title holder shall have full and sole 74 responsibility for maintaining, repairing, or replacing any improvement of any 75 kind, including but not limited to any landscaping, pavement, decking, or any 76 type of structure, that may encroach upon the remaining right-of- way and be 77 damaged by the City' s right to use that remaining righto- f- way, 78 79 SECTION IV. EFFECTIVE DATE. 80 81 This Ordinance shall take effect immediately upon approval by the City Council and 82 signature of the Mayor. 83 84 85 ADOPTED: 86 87 88 89 MAYOR: 90 Mike Anderson 91 92 93 94 Attest: 95 96 97 98 Helen Spencer, 99 City Clerk 100 101 Approved as to form and 102 legal sufficiency. 103 104 105 106 Toni L. Craig, City Attorney 107 108 109 110 Page 2 of 3 DRAFT 9- 18-00  CITY COUNCIL MEETING November 14, 2006 Public Hearing Agenda Consideration of Ordinance 1713 amending Section 2. 02.05 entitled Vacancies, of Volume II of the Code of Ordinances, resolving conflicting provisions Second Reading) City Attorney) Council Action 1 st 2nd Vote: Agenda Item Number: PH- 7  1 ORDINANCE 1713 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; 4 PROVIDING FOR AUTHORITY; AMENDING SECTION 2. 02. 05, 5 ENTITLED VACANCIES, OF VOLUME II OF THE CODE OF 6 ORDINANCES; RESOLVING CONFLICTING PROVISIONS; 7 PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE 8 DATE. 9 10 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 11 OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: 12 13 SECTION I. AUTHORITY 14 15 The authority for enactment of this ordinance is pursuant to the powers for the 16 City of Fort Walton Beach, provided in section 2 of the City Charter, and section 17 166. 021 ( 1), Florida Statutes ( 2006). 18 19 SECTION II. AMENDMENT OF SECTION 2. 02.05, VACANCIES, OF THE CODE OF 20 ORDINANCES. 21 Section 2. 02. 05, Vacancies is hereby amended as follows: 22 23 Sec. 2. 02. 05. vacancies. 24 Vacancies on any agency, authority, board, commiSSion or 25 committee shall occur when a member has four unexcused 26 absences fails to attend three successive regular meetings or a 27 total of four regular meetings or fi'Je special meetings within 28 any calendar Year. 12 month period It shall be the duty of the 29 chair of each agency, authority. board. commission or 30 committee, city clerl< to report the lack of attendance to the 31 council a member who has exceeded the maximum absences 32 allowed. The report of the chair city clerl<, with a certificate of 33 mailing notice to the absentee member, shall constitute 34 evidence that the vacancy has occurred and shall be 35 authorization for the council to appoint another member for 36 the unexpired term. An absence shall be excused only for 37 reasons of death in the immediate family. serious illness, or 38 out-of-town business. 39 40 SECTION III. CONFLICTING PROVISIONS 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 06 ATTYDRAFT 1/ 6/  1 Should any section or provision of this ordinance, or any portion thereof, be 2 declared by a court of competent jurisdiction to be invalid, such decision shall not affect 3 the validity of the remainder, as a whole or any part hereof, other than that part 4 declared to be invalid. 5 6 7 SECTION VI. EFFECTIVE DATE 8 9 This ordinance shall take effect immediately upon approval by the City Council 10 and signature of the Mayor. 11 12 13 ADOPTED: 14 MIKE ANDERSON, MAYOR 15 16 17 ATTEST: Approved as to form, legal sufficiency, 18 and codification. 19 20 21 22 HELEN SPENCER, CITY CLERK TONI L.CRAIG, CITY A rrORNEY 23 24 25 26 27 New language is underlined 28 Deleted language is strioken 29 30 Codification Instructions: 31 32 Sections of this Ordinance to be Codified: Section II 33 34 Placement: Amends Volume II, Chapter 2. 02 at 35 section 2. 02. 05 36 A TTYDRAFT 1/ 6106  CITY COUNCIL MEETING November 14, 2006 Quasi- Judicial Agenda Consideration of a request to approve a Development Order for an amendment to the site plan for the addition of a view corridor for the Villa Di Mare Condominium, 240 Brooks Street CDS Director) Community Redevelopment Agency Recommendation: Approval (6- 0) ( 11/ 1/ 06) Council Action 1 st 2nd Vote: Agenda Item Number: QJ- 8  City of Fort Walton Beach Community Development Services Memorandum To: ~ Joyce Shanahan, City Manager F~: '~~ gy Fowler, Principal Planner I~~; Thro~ : sy McKim, CDS Direct~ Date: November 7, 2006 Re: Revisions to the Villa di Mare Condominium Site Plan ( CRA file # 03- 02) ReQuest Gary McMichael, Managing Partner of MTM Partners, LLC, owner of the Villa di Mare Condominium, has requested an amendment to the approved site plan ( see Exhibit A). The request is for the addition of a view corridor for the development. BackQround The CRA Board recommended approval of the site plan for the Villa di Mare Condominium on May 7, 2003 and the City Council approved the plans on June 24, 2003. In the course of the construction process, several events have occurred resulting in minor amendments to the site plan. Following is the timeline for the construction process for Villa di Mare: May 6, 2004 - Building permit application submitted for review. Structural components sent to the International Code Council for review. August 18, 2004 - Foundation only permit issued February 11, 2005 - Building permits issued. ( One permit for each of five buildings). January 17, 2006 - Swimming Pool permit issued. April 13, 2006 - Pool Bath House permit issued. September 26, 2006 - Letter from Zoning & Building Supervisor sent to developer regarding requirements prior to the issuance of a certificate of occupancy. September 27, 2006 - Stop Work Order issued by the Zoning & Building Supervisor for the pool bath house. ( Bath house encroaches the westerly view corridor, developer ordered to relocate). October 3, 2006 - CDS staff receive Choctaw Engineering view corridor study. The first review of the site plan by the City Council occurred on June 10, 2003. The view corridor requirement was met on this site plan. Due to objections from the Camp Walton Village homeowners, the site plan was continued to the June 24, 2003 City Council meeting. The revised site plan ( Exhibit B) removed a duplex from the southwestern corner of the site and replaced it with a community swimming pool which would provide views of the waterfront in favor of the