Fort Walton Beach Council agenda — 01-14-03 regular Council agenda — reading text

c:J:[ -r  CITY OF FORT WALTON BEACH, FLORIDA DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM DATE: December 23, 2002 TO: THRU: Reid SHverboard, Missy Mc Ki. m, CDS City Manager. Directo~ g P FROM : Len Mitchell, Planning Manager ~ SUBJECT: Ordinance 1531- An Ordinance Requesting Vacation/ of Portion of Alley Right- of- way an in BJ.ock Abandorunent a 10, First Addition to North Hill Gardens Subdivision ( MPB Case# 02- 49- VA) REQUEST: Theapplicants are Habitat for Humanity of Okaloosa County, a non- Lot 14, and a af individuals that own profit entity that owns group Lot 13 ( William F. Nicholson, Larry Sheppard and E. Reeder, Michael Michael William Mead). The applicants are requesting approval of Ordinance 1531, an ordinance that will vacate and abandon a portion of between Lots 14 a 20 feet wide north- south alley right- of- way located and 13 in Block 10, First Addition to North Hill Gardens Subdivision Bobolink Street NE). If vacated, Habitat will develop their portion the of- and two feet ( 2') of the easterly half of the of right- way 2) affordable homes. The right- of- way for development of two ( new affected owners. applicants represent all of the property Habitat for Humanity is also requesting that the City Council refund fee to vacate the alley. their $ 200. 00 application BACKGROUND: The procedure and criteria right- of- way are specified for abandoning a in section 30- 13, Code of Ordinances. The procedure requires that a Board on the petition public hearing be held by the Municipal Planning that own property within after written notification of property owners of- way. 200 feet of the request, and posting of the requested right- The Municipal Planning public hearing on December 5, Board held a at which time they received public comment. Mike Bailey, agent 2002, advised that Habitat was requesting for the adjacent property owners the abandonment in order to divide the parcel into two single family lots.  criteria for vacating a right- of- way had been The MPB found that the of Ordinance 1531, an met and voted 6- 0 to recommend approval Ordinance that would vacate, abandon and discontinue the southerly The city will need to portion of the remaining alley right- of- way. at the storm drain inlet that services the area. retain an easement from easement to The drainage structure is accessed for maintenance an the east. is for City Council The next step in the vacation/ abandonment process 1531) that, if adopted, would to consider an ordinance ( Ordinance alley right- of- way. staff has met the public vacate a portion of the property of owners notice requirements for posting and notification by January 3, 2003. within 200 feet were accomplished Ordinance 1531 has been drafted for consideration of City Council on First Reading on January 14, 2003. DISCUSSION: Habitat for Humanity purchased Lot 14, According to the application, Gardens Subdivision, for the Block 10, First Addition to North Hill purpose of constructing housing for two Okaloosa County affordable If the undeveloped alley right- of- way were abandoned as families. land available to divide proposed, then there would be adequate lots. replat) the resultant parcel into two single family residential is made the current owners of The request for vacation/ abandonment by 14, Block 10, First Addition to North Hill Gardens Lots 13 and subdivide the resultant parcel of land Subdivision, in order to Block 10, First Addition to North .Hill Gardens of 1) Lot 14, comprised of- Subdivision; westerly one- half of the vacated alley right- 2) the of the way, and 3) the westerly two feet of the easterly one- half feet wider ( less vacated alley right- of- way. Lot 13 would become 10 the two feet quit- claimed to Habitat). The applicants have a private agreement whereby the owners of Lot 13 would quit claim Habitat for of the easterly one- half of the alley right- of- way Humanity two feet should it be abandoned. has been The process of vacating and abandoning a right- of- way codified in section 30- 13, Code of Ordinances. The process requires a public hearing before the Municipal Planning Board after posting and notices sent to property owners within 200 feet of the right- of- way. below. The City Criteria are specified in the " Review Criteria" of- way if in Council may, by ordinance, approve vacation of a right- have been met. their discretion Council finds the criteria the The vacation of the proposed right- of- way may be approved provided have been met ( Section 30- 13, Code of Ordinances) : following criteria reasonable foreseeable There is no present necessity, or necessity, for the retention of the right- of- way.  That the right to exclusive or necessary access of adjoining property owners will not be negatively impacted. That the access to a public water body will not be negatively impacted. staff recommended in its staff Report to the Municipal Planning Board in Section 30- that it found the request meets the criteria specified 13, Code of Ordinances. The Staff Report and Recommendation is attached for information. Staff also noted that profit agencies for refunds of requests from non- been approved by City Council. planning and zoning fees generally have of the The Municipal Planning Board voted 5- 1 to recommend approval the request because the request for a refund. Mr. Wayne voted