Fort Walton Beach Council agenda — 01-26-2010 Regular — reading text

BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE CITY; ADOPTING THE CONSERVATION ELEMENT; PROVIDING FOR CONSISTENCY; PROVIDING FOR SEVERABILITY AND SETTING AN EFFECTIVE DATE. ORD. 1800: AMEND TRANSPORTATION ELEMENT AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING DIRECTIONS- -THE COMPREHENSIVE PLAN OF THE CITY OF FORT WALTON BEACH: 2008, PURSUANT TO CHAPTER 163 OF THE FLORIDA STATUTES; PROVIDING FOR AUTHORITY; PROVIDING FOR ADOPTION OF THE TRANSPORTATION ELEMENT; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ORD. 1806: AMEND FUTURE LAND USE ELEMENT AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING DIRECTIONS- -THE COMPREHENSIVE PLAN OF THE CITY OF FORT WALTON BEACH: 2008, PURSUANT TO CHAPTER 163 OF THE FLORIDA STATUTES; PROVIDING FOR AUTHORITY; AMENDING THE FUTURE LAND USE ELEMENT; PROVIDING FOR CONFLICTS AND SEVERABILITY AND SETTING AN.EFFECTIVE DATE. ORD. 1808: AMEND CONCURRENCE ELEMENT AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING DIRECTIONS- -THE COMPREHENSIVE PLAN OF THE CITY OF FORT WALTON BEACH: 2008, PURSUANT TO CHAPTER 163 OF THE FLORIDA STATUTES; ADOPTING TEXT AMENDMENTS TO THE CONCURRENCY MANAGEMENT SYSTEM ELEMENT FOR CONSISTENCY WITH STATE LAW; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. 3- Regular Council 1 - 12 -10 ORD. 1809: AMEND CAPITAL IMPROVEMENT ELEMENT AN ORDINANCE OF' THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING DIRECTIONS- -THE COMPREHENSIVE PLAN OF THE CITY OF FORT WALTON BEACH: 2008, PURSUANT TO CHAPTER 163 OF THE FLORIDA STATUTES; ADOPTING TEXT AMENDMENTS TO THE CAPITAL IMPROVEMENTS ELEMENT RESULTING FROM ANNUAL UPDATE REQUIREMENTS; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The City Attorney confirmed all notices have been made and properly advertised. Samantha Abell, Senior Planner presented an overview of the process of the Evaluation and Appraisal Report ( EAR.), which includes text and map amendments to the City' s Comprehensive Plan and incorporates all the state statute changes. Ms. Abell continued that the amendments to implement the EAR recommendations must be adopted during a single amendment cycle, and upon transmittal of the amendment package to DCA, the Agency will either advise the City that they will not conduct a review and to proceed with the adoption of the amendment package, or that they are going to conduct a review and will issue an Objections, Recommendations, and Comments Report ORC). Ms. Abell advised the Municipal Planning Board held no fewer than 12 meetings to consider the amendments and in addition the Waterfront Committee and CRA reviewed the elements. She gave a summary on the proposed changes in each of the seven elements then entered the Staff Reports into the record. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Ord. 1797: Amend Housing Element Mr. Garvie moved to adopt Ord. 1797 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, and Patterson in favor ( Miller, Nabors, and Rynearson absent). Ord. 1798: Repeal Current Coastal and Conservation Element and Adopt Coastal Management Element Mr. Garvie moved to .adopt Ord. 1798 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, and Patterson in favor ( Miller, Nabors, and Rynearson absent). Ord. 1799: Amend Conservation Element Mr. Garvie moved to adopt Ord. 1799 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, and Patterson in favor ( Miller, Nabors, and Rynearson absent). Ord. 1800: Amend Transportation Element Mr. Garvie moved to adopt Ord. 1800 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, and Patterson in favor ( Miller, Nabors, and Rynearson absent). Ord. 1806: Amend Future Land Use Element Mr. Garvie moved to adopt Ord. 1806 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, and Patterson in favor ( Miller, Nabors, and Rynearson absent). 4- Regular Council 1 - 12 -10 Ord. 1808: Amend Concurrence Element Mr. Garvie moved to adopt Ord. 1808 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, and Patterson in favor ( Miller, Nabors, and Rynearson absent). Ord. 1809 :. Amend Capital Improvement Element Mr. Garvie moved to adopt Ord. 1809 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, and Patterson in favor ( Miller, Nabors, and Rynearson absent). Mr. Garvie moved to transmit as a package the ordinances ( 1797, 1798, 1799, 1800, 1806, 1808, and 1809) to the Development of Community Affairs ( DCA) for their review. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, and Patterson in favor (Miller, Nabors, and Rynearson absent). PUBLIC HEARING - ORD. 1794: PERMIT MOTORSPORTS RENTALS AND SALES AS CONDITIONAL USE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY & INTENT; AMENDING CHAPTER 15, ZONING DISTRICTS, OF THE LAND DEVELOPMENT CODE, BY PERMITTING MOTORSPORTS RENTALS AND SALES AS A CONDITIONAL USE IN THE MIXED USE MAIN STREET DISTRICT; ADOPTING A DEFINITION FOR MOTORSPORTS RENTALS AND SALES; AND SETTING AN EFFECTIVE DATE. Ms. Abell reported staff received a request from Brian Stuckey, General Manager and authorized agent of Fort Walton Beach Motorsports, to amend the LDC by amending commercial allowable uses to include Motorsports Rentals and Sales as a conditional use in the MUMS District. She said the Municipal Planning Board held a special meeting on December 16, 2009, to consider the request and recommended unanimously that Council approve the request. Staff finds the request to amend the LDC to allow Motorsports Rentals and Sales in the Mixed -Use Main Street District as a conditional use to be consistent with the Comprehensive Plan and provides reasonable standards as safeguards against potential land use incompatibility issues. She also pointed out an email was received by the Chairman of the Downtown Merchants /Property Owners in support of the request. The Mayor opened the public hearing. Brian Stuckey, General Manager Fort Walton Beach Motorsports, had nothing further to add. As no one further wished to speak the public hearing was closed. Mr. Holmes moved to adopt Ord. 1794 on first reading. Mr. Reeves seconded motion. Council received clarification that the ordinance for conditional use of motorsports would still be necessary even if an overlay for an entertainment district was approved. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Reeves, Garvie, and Patterson in favor (Miller, Nabors, and Rynearson absent). 5- Regular Council 1 - 12 -10 PUBLIC HEARING - ORD. 1807: CONSTRUCTION AND DEMOLITION DEBRIS HAULING SERVICES_ The City Attorney read the ordinance by title. AN ORDINANCE 01-4 THE CITY COUNCIL OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 8, LICENSES & BUSINESS REGULATIONS BY ADOPTING A NEW CHAPTER 8. 12, ENTITLED CONSTRUCTION & DEMOLITION DEBRIS HAULING SERVICES; REQUIRING PERMITTING OF OWNERS AND OPERATORS; REGULATING CONSTRUCTION & DEMOLITION DEBRIS HAULING SERVICES ON PRIVATE PROPERTY; REPEALING CONFLICTING PROVISIONS; AND SETTING AN EFFECTIVE DATE. Michael Beedie, City Engineer, advised that on September 22, 2009 Council adopted Ord. 1792 relating to Solid Waste. He explained since Ord. 1792 makes reference to construction and demolition debris disposal, Ord. 1807 is a companion ordinance to regulate and permit construction and demolition haulers operating in the City. Mr. Beedie said if Ord. 1807 is adopted on first reading, then both Ordinance 1792 and Ordinance 1807 will be brought back for second reading on January 26. The City Manager further explained the ordinance will provide oversight for commercial vendors providing the service and protects the public. He also clarified the City would suspend the regulatory necessity in tames of emergency. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Garvie moved to adopt Ord. 1807 on first reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, and Patterson in favor ( Miller, Nabors, and Rynearson absent). APPOINTMENTS TO ECONOMIC ADVISORY GROUP (EAG) The City Clerk explained the Economic Advisory Group ( EAG) was formed to consist of the nine members of the former Vision Stewardship Committee and to help clarify the appointments, requested Council approve the reappointment of the following individuals to the Economic Advisory Group until November 30, 2013. Beau Mike Jimmerson (until 8--21 - 10) 244 -4392 -H 650- 7404 -B mike a,mcmahonhadder.corn 1 - 12 -10 to 11 - 30 -13 CRA Doug Reed (until 1- 27- 11) 243- 2951 -H 243 -4405 -B merlins & nerlinslnc. com 1 - 12 -10 to 11 - 30 -13 HS Katy Krueger (until 10- 23 -10) 581- 0394 -Cell ktlouise2007 a-) ahoo. com 1 - 12 -10 to 11 - 30 -13 At the HSSAB meeting held 12- 15 -09, Katy Krueger was recommended to replace James Thoreen as the representative to the Economic Advisory Group MPB Glenda Glover (until 5- 12 -13) 243 -1933 -H 244 -5143 -B Glendanwaynepatton. gccoxmail.com 1 - 12 -10 to 11 -30 -13 Citizen Eric Davis 862 -1893 -H 883 -0162 -B eric. davis Laeglin.af.mil 1 - 12 -10 to 11 - 30 -13 Citizen Douglas Pike 217- 821- 2400 -H dpikensouthernstatesinc.com 1 - 12 -10 to 11 - 30 -13 COC Ted Corcoran 244 -8191 -B tedcorcorannfwbchamber.oig 1 - 12 -10 to 11 -30 -13 County Don Amunds 651- 7105 -B damunds(a_co. okaloosa. fl.us 1 - 12 -10 to 11 -30 -13 EDC Debbie Bodenstine. 974 -4820 -Cell debbiebCaa florida- edc.or 1 - 12 - 10 to 11 - 30 -13 Mr. Reeves moved to approve the re- appointments as presented. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, and Patterson in favor Miller, Nabors, and Rynearson absent). Q-11