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Exh 8CAGENDA ITEM SC JULY 14, 2003 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDAITEM: Request by Bestcon, Inc. to use a portion of the unopened West 14th Street right-of--way to construct a landscaped walkway, a wooden pedestrian bridge and platform to provided access to a creek connecting to the Intracoastal Waterway. SUBMITTED BY: Sonya Doerr, AICP, Community Development Director ~~ DATE: June 25, 2003 BACKGROUND: Bestcon, Inc, has requested permission to use the westernmost portion of the unopened West 14th Street right-of--way to allow residents of the adjoining Hidden Paradise subdivision to have access to a narrow creek (or ditch) that connects to the Intracoastal Waterway. Bestcon proposes to construct a small wooden pedestrian bridge that will cross the drainage ditch, and a pathway that will connect to a platform that could be used for fishing or to launch canoes or kayaks. This location is adjacent to the recreation tract within the Hidden Paradise subdivision. The Homeowner's Association will maintain the walkway, the platform and the bridge, and these facilities will be available for use by the general public. The City would retain all rights to the right-of--way, and Bestcon would coordinate with the Public Works Department so that the bridge would not interfere with any drainage function or maintenance of the ditch. Staff supports this request, which is consistent with the Recreation and Open Space element of the Comprehensive Plan, as well as identified EAR-amendments (see attached) related to access to mazsh azeas and the Intracoastal Waterway. RECOMMENDATION: Approve aright-of--way use permit to Bestcon, Inc. to allow construction, as generally depicted within the attached site plan, of a wooden pedestrian bridge and platform, connected by a natural landscaped pathway, to be located within an unopened portion of the West 14th Street right-of--way, subject to: 1. the wooden pedestrian bridge and platform, and the natural landscaped pathway, shall be maintained in good condition by the Hidden Paradise Homeowner's Associafion, and the Applicant and/or Homeowner's Association shall assume liability for and enter into a hold harmless agreement with the City prior to construction of these facilities; 2. the platform shall be removable in order that the ditch may be maintained with the City's walking excavator. The Homeowner's Association will be responsible for the prompt removal of the structure with 24 hours notice of scheduled maintenance; 3. these facilities shall not be restricted from use by the general public, and the City of Atlantic Beach shall retain all rights as dedicated and shown on the map of the Section'~H" subdivision as recorded in O.R. Plat Book 18, Page 34; and July 14, 2003 regular meeting AGENDA ITEM SC JULY 14, 2003 4. Bestcon, Inc. shall receive approval from the Department of Public Works, including provision for continued access to and maintenance of the West 14th Street drainage ditch prior to construction of these facilities. BUDGET: No budget issues. ATTACIINIENTS: Letter from Paul Nichols with Bestcon, Inc., proposed site plan, and excerpt from EAR Recreation and Open Sp .e element. REVIEWED BY CITY MANAGER: r 2 AGENDA ITEM SC JULY 14, 2003 June 10, 2003. Ms. Sonya Doen- Planning and Zoning Director City of Atlantic Beach. 800 Seminole Road. Atlantic Beach, FL 32233-5445 Deaz Sonya, I would like to apply for a public use permit of a portion of the western most section of the 14~ Street right of way, adjacent to our Hidden Paradise subdivision. Upon issuance of this pemvt, it is my intention to have my company, BESTCON, Inc. construct a walkway to be used by the public (and maintained by the Hidden Paradise Homeowners Association) to cross the drainage ditch and access a platform that is connected to the crossing with a landscaped walkway according to the survey attached. It is well known by BESTCON; Inc. that the public works department of Atlantic Beach periodically maintains the ditch. The design of the crossing (which in all likelihood will be removable) will be done with the approval of Mr. Bob Kosoy, and his staff. Members of the Hidden Paradise Homeowners Association will primarily use this crossing, walkway and platform. The public at large will not beprecluded from use of it. Sincerely yours, Il', W • IM Paul W. Nichols President AGENDA ITEM SC JiJLY 14,2003 EXHIBIT A EAR Revision as adopted by Recreation and Open Space Element Resolution 03-03, Febrtiary 24, 2003 K. Financial. Feasibility of Implementation • The City recognizes that the. maintenance. of parks and recreation facilities, both natural and constructed, as well as the high level of services. and programs, will continue to be a significant element of the City budget.: At this time, there are no .anticipated financial constraints associated with this element, and continued support of the goals, objectives and policies of this element is expected to remain a priority for the City of Atlantic Beach. Several recreation projects are included in the Half-Cent Sales Tax Fund discretionary list for potential funding. L. Anticipated Plan Amendments • Substantive amendments to this element are not .anticipated; akhough data provided within the tables will be updated, as will be objectives and policies, where appropriate. LOS standards will be established in the Capital Improvements Element of the Comprehensive Plan. ~• The addition of policies; which support parallel policies of the Conservation and Coastal Management Element, specifically related to access to the beach, marsh and Intracoastal Waterway are anticipated. • Policies related to the protection of new open space and recreational facilities, such as the Dutton Island Preserve and Tideviews Park and the Adele Grage Community Center are anticipated. V-11