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

of the right- of- way. notices sent to property with submittal of a written recommendation as soon The MPB is charged of the public hearing. criteria are as possible after the closing Review criteria" below. The City council may, by specified in the " in their discretion of- way if ordinance, approve vacation of a right- the criteria have been met. Council finds REVIEW CRITERIA: the The vacation of the proposed right- of- way may be approved provided 30- 13, Code of Ordinances) : following criteria have been met ( Section reasonable foreseeable 1. There is no present necessity, or necessity, for the retention of the right- of- way. The northern portion of the platted alley was vacated by 1970. That action effectively adoption of Ordinance 100. 131 in prevented any future use of the southern portion of the alley between Walter Martin Road for secondary north- south access of- dead ends at and Bobolink NE. The Street right- way present half of the block was zoned C- 2; General mid- block. The north in 1960, until rezoned Commercial since zoning was established part of the MUCC- 2 ( Mixed Use community Commercial- 2) as changes in the general area rezoning that resulted from Land Use in August 2000. The comprehensive Plan Future Maps to the request has been zoned R- 2, Multiple property adjacent 1960 also. Family Dwelling since as permitted on Should multifamily development be contemplated could be the property the existing alley right- of- way The co- applicant, developed as access to such development. Habitat for Humanity, plans to develop two detached single minimum lot family home sites. The R- 2 District requires a width of 60 feet for single family development. The proposed reconfiguration will require approval of a replat of those lots and parcels. The final configuration is planned platted each at be three lots in the new replatted subdivision to will two lots and the other least 60 feet wide. Habitat own will own the remaining lot. applicants 3  utilities reflect Attached correspondence from the affected the following responses to the request: to the request for a. Cox Communications had no objections vacation. b. The Okaloosa County Water and Sewer Engineering Department has no utilities in the area. their company had no c. Sprint- Florida, Inc. responded that objections to the request to vacate. the proposed d. Gulf Power Company also had no objection to vacation of the alley right- of- way. e. Okaloosa Gas District had no objection. 2. That the right to exclusive or necessary access of adjoining property owners will not be negatively impacted. east and west of that The applicants own the two lots abutting to be vacated. portion of the alley right- of- way proposed The northern portion of alley was vacated by Ordinance the 100. 131 in 1970. The adjacent property owners to that portion direct access to that portion of the of the alley have no to be vacated. alley right- of- way requested 3. That the access to a public water body will not be negatively impacted. The request is land- locked. Not applicable. Based on the above criteria, staff recommends that the Municipal the criteria specified in Planning Board find that the request meets Section 30- 13, Code of Ordinances. refunds for Staff believes that it has become standard policy to grant who refund of the P& Z fees. non- profit organizations request a RECOMMENDATION: Staff recommends that the MPB forward a recommendation to City Council to adopt Ordinance 1531. Staff recommends that the MPB forward a recommendation to City Council that the request for a refund of the application fee be approved. Attachments: Application w/ attachments utility company letters Z& BSupervisor Memorandum ( 11- 8- 02) 26- 02) Engineering Division Memorandum ( 11- Map Exhibits " A- D" Letter from Habitat requesting refund 4 Ordinance 1531 5  11 r" uli, ,! fl\!,: l""\ L'" '~(~_,/\ lU'iflK' JfHL'r)' 1j,~"". ~ ~ Jl ' H Hf Ii \~........,.i,,(". ......,.; i if; ...,."....., .. -~ , l J lU l~~; yr n_._.__..._. .,. _ n _ _ October 17, 2002 City of Fort Walton Beach, Florida 107 SW Miracle Strip Parkway Fort Walton Beach, FL 32548 RE: Petition to Vacate Alley Habitat for Humanity in Okaloosa County has purchased Lot 14, Block 10, First Addition to North Hill Gardens. We desire to subdivide the lot in order to build two Habitat houses. We have had several discussions with the city to detennine if this is possible. We have been told it would be possible ifthe city would vacate the alley located between Lots 13 and 14 and if the owners of Lot 13 would quit claim two of their 10 feet back to Habitat. We have had discussions with the owners of Lot 13 and they have agreed t" Oquit claim the necessary two feet should the city agree to vacate the alley. According to our research, this alley originally ran north from Bobolink to Walter martin Boulevard. Our research has determined that the northern halfof this alley has already been vacated and only the southern