Fort Walton Beach Resolution — 96-25-Amendment of DRI for Pirates Bay — reading text

City of Fort Walton Beach eadu v )i yV 96- 25 AMENDED PIRATES' BAY DEVELOPMENT ORDER A RESOLUTION 01' THE CITY 01' FORT WALTON BEACH, I' LORIDA, AllBHDING A DBVBLOPMBIIT ORDER WHICH WAS ISSUED PURSUANT TO CBAPTBR 380, I' LORIDA STATOTBS, BY RESOLUTION 85- 10 01' THE CITY 01' FORT WALTON BEACH ADOPTED OR HARCB 12, 1985, THE APPLICATION FOR AIIDDMBIIT PILED BY TBmIAS B. CARTBR AUTBORIIBD RBPRBSDTATIVB 01' THE PIRATES BAY cmIIIUIIITY ASSOCIATION, A CORDOMIRIUII DBVBLOPMBRT WITBIR PIRATES · BAY, A DBVBLOPIIBRT 01' RBGIORAL IMPACT; PROVIDING FOR FIRDIRGS OF FACT; PROVIDING FOR CERTAIN AllBHDMBHTS TO THE DBVBLOPMBIIT ORDER ARD PROVIDING AR EFFECTIVE DATE. WBBRBAS, on March 12, 1985, the City Council passed Resolution 85- 10 which, together with exhibits, constitutes the Development Order for Pirates' Bay Development of Regional Impact ( DRI); and WBBRBAS, the Pirates' Bay physical part of the Community Association, a development, proposes changes toby filing a Notification of the 1985 Master Plan Proposed Change ( NOC) to a Previously Approved Development of Regional Impact ( DRI) with the City, the West Florida Regional Planning Council and the state land planning agency and alleged that said changes to the' plan do not constitute a substantial deviation as per the criteria listed in Subsection 380. 06( 19), Florida Statutes; and WBBRBAS,City Council held a public meeting on November 26, 1996, in the accordance with Chapter 380, Florida Statutes, to consider the Amendment Application and the comments on the record made to the City Council at such meeting, and determined that the Amended Application was not a substantial deviation from the previously approved Pirates' Bay Development of Regional Impact ( DRI); and WBBRBAS, the City Council has jurisdiction pursuant to Subsection 380. 06( 19), Florida Statutes, and is authorized and empowered to consider the Amendment Application; and WBBRBAS, the pr.ocedural requirements of Chapter 380, Florida Statutes, including the requirements for public notice, have been satisfied and all interested parties and members of the public were given the opportunity to participate in the public meeting at which the Amendment Application was considered by the City. NOIf, TBBREFORE, BE IT RESOLVED BY TBB CITY COUNCIL OF THE CITY 01' PORT WALTON BEACH, FLORIDA: SECT lOR 1. That this Resolution shall constitute an amendment to the Development Order City Council of the City of Fort Walton Beach issued in of the response to the Application for Amended Development Approval filed by the Pirates Bay Community Association for Pirates' Bay, a Development of Regional Impact ( DRI). SECTIOR 2. That the City Council of the City of Fort Walton Beach having received the above documents, and having received all related comments, testimony and submitted by each evidence party, including the applicant, the West Florida Regional Planning Council, the state land planning agency, and members of the general public, find that there is substantial competent evidence to support the following findings of fact: LITHO BY VITIIO "" IESS  c..... ~ That the Development Order is hereby amended only as follows: A. That the Pirates' Bay Condominiums portion of the Master Plan be allowed to construct two( 2) bulkheads three feet ( 3') in height and a total of 464 feet in length with two (2) 50 foot long returns. The bulkheads will be constructed above the mean high water line and all natural vegetation ( sea grasses) high water line seaward of the mean will remain undisturbed. Construction will be subject to the limitations prescribed in the permits issued by the Florida Department of Environmental Protection ( DEP) through permit 462864931 and the United states Army Corps of Engineers. B. development is consistent with the City of Fort Walton That the Beach Comprehensive Plan and all local land development regulations including zoning. C. That the development is consistent with the state Comprehensive Plan. D. That the development does not unreasonably interfere with the state Land Development Plan. E. That the changes set forth in the proposal { Attached notification of a Proposed Change to a Previously Approved Development of Regional Impact ( DRI) do not meet or exceed any of the substantial deviation criteria in Section 380. 06( 19), Florida Statutes. F. That the City convincing evidence at a public has heard clear and hearing held on the proposed amendments will November 26, 1996, that not cause a substantial deviation from the previously approved Development Order (DO) . Therefore, the City finds that the Amended Development Plan is not a substantial deviation from the 1985 Development Order ( Resolution 85- 10) for Pirates' Bay. SECTION 3. That the Development Order shall continue to be binding upon the Developer, its heirs, assigns, or successors in interest. SECTION monitoring the compliance with this Amended Development 4. That Order shall responsibility of the City Manager of the City of Fort Walton be the Beach or his designee who shall monitor each phase of the development through the applications for building permits and building code compliance. SECTION 5. That the City Clerk is directed to send copies of the Amended Development Order within five ( 5) days of the effective date of this Resolution to the Pirates Bay Community Association, the Florida Department of Community Affairs, and the West Florida Regional Planning Council. SECTION 6. That the Developer shall submit an annual report on the Development of Regional Impact on september 1st of each year subsequent to enactment of this Amended Development Order to the City Manager of the City of Fort Walton Beach, the West Florida Regional Planning Council , and the state land planning agency. Contents of the report shall be as specified in the rules of the state land planning agency. SECT lOR 7. Notice of the adoption of this Amended Development Order shall be recoded by the Developer, in accordance with S. 28. 222, Florida statutes with the Clerk of the Circuit Court of Okaloosa county, Florida. The notice shall include all information prescribed by Chapter 380. 06 ( 15) ( f), Florida Statutes. SECTION 8. This Resolution shall take effect immediately upon approval by the City Council and signature of the Mayor. MAYOR: ATTEST: The form and legal sufficiency of the s.~ oc:. . forego in has been