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

70-  I ORDINANCE 1794 2 3 AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, FLORIDA, 4 PROVIDING AUTHORITY & INTENT; AMENDING CHAPTER 15, ZONING 5 DISTRICTS, ' OF THE LAND DEVELOPMENT CODE, BY PERMITTING 6 MOTORSPORTS RENTALS AND SALES AS A CONDITIONAL USE IN THE MIXED 7 USE MAIN STREET DISTRICT; ADOPTING A DEFINITION FOR MOTORSPORTS 8 RENTALS AND SALES; AND SETTING AN EFFECTIVE DATE. 9 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 10 FORT WALTON BEACH, FLORIDA, THAT THE CODE OF ORDINANCES OF THE 11 CITY OF FORT WALTON BEACH IS AMENDED AS FOLLOWS: 12 Section 1. Authority & Intent 13 A. The authority for enactment of this ordinance is contained in Chapter 166.021, 14 and other provisions of the Florida Statutes and section 2 of the City Charter. 15 B. The Municipal Planning Board, sitting as the Local Planning Agency, held a 16 public hearing and considered this ordinance on December 16, 2009. The 17 City Council conducted public hearings on January 12, 2010 and January 26, 18 2010, after giving due public notice. 19 C. The City Council finds that there are no zoning districts in which " Motorsports 20 Rentals and Sales" is a permitted principal use within the City. Furthermore, 21 Automobile and Vehicle Sales is not a permitted principal use in the MUMS - 22 Mixed Use Main Street District. Therefore, disassociating personal motor 23 vehicles from the larger, more intense automobiles classification within the 24 MUMS District provides further transportation choices and opportunities for 25 tourists in the downtown area. 26 D. Therefore, the City Council finds that special consideration must be given to 27 ensure the commercial and vehicular intensities are compatible with the 28 district. Motorsports Rentals and Sales will be allowed as a conditional use to 29 ensure the use is consistent with the goals, objectives and policies of the 30 Comprehensive Plan, ensure the conditional use is consistent with the 31 character of the immediate vicinity of the land proposed for development, and 32 designed so that it is consistent with the harmonious development of the 33 zoning district in which it is proposed. 34 35 Section 2. Amendment of Table 15 -2 36 Chapter 15, Zoning Districts, of Volume V, Land Development Code, is hereby 37 amended to permit as a conditional use, " Motorsports Rentals and Sales" in the Mixed 38 Use Main Street District only, as listed in Table 15 -2. 39 40 Section 3. Definitions 41 Chapter 20, Definitions, of Volume V, Land Development Code, is hereby 42 amended to add a definition as follows: 43 71 _  44 Motorsports Rentals and Sales: An establishment where personal mobility crafts 45 may be purchased or rented for short term use. Personal mobility crafts include 46 scooters, bicycles, personal watercraft, and all- terrain vehicles. The term does not 47 include a recreational motorsports facility, or the lease and sales of automobiles, 48 boats, and recreational vehicles as defined in section 320.01( 1)( b), F. S. 49 50 Section 4. Conflicts 51 All ordinances or parts of ordinances in conflict with this ordinance are repealed 52 to the extent of such conflict. 53 54 Section 5. Severability 55 If any word, phrase, sentence, paragraph or provision of this ordinance or the 56 application thereof to any person or circumstance is held invalid or unconstitutional, 57 such finding shall not affect the other provisions or applications of this ordinance which 58 can be given effect without the invalid or unconstitutional provision or application, and to 59 this end the provisions of this ordinance are declared severable. 60 61 62 Section 6. Effective Date 63 64 This Ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. 65 66 67 Adopted: 68 Mike Anderson, Mayor 69 70 71 Attest: 72 Approved as to form and legal sufficiency. 73 74 75 Helen Spencer, City Clerk Toni L. Craig, City Attorney 76 77 78 New language is underlingo. 79 Deleted language is sb,*Gken. 80 Codification Instructions: Section 1, 4, 5 not codified. 81 Sections 2, 3 codified and numbered as stated into Volume IV, Land Development Code. 72_  MINUTES OF THE MUNICIPAL PLANNING BOARD MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA DECEMBER 16, 2009 INTRODUCTION A Special Meeting of the Fort Walton Beach Municipal Planning Board was held on Wednesday, December 16, 2009 at 5: 00 p.m. in the Council Chambers, 107 Miracle Strip Parkway SW, with the following members present: Janet Wilson, Chairman; Glenda Glover, Vice Chairman; Don Panzenhagen; Brian Rosales; Charles Scott; Al Stearns, and Darrell White Also present: Toni Craig, City Attorney; Samantha Abell, Senior Planner, Michael Beedie, City Engineer CALL TO ORDER/ ROLL CALL The Chairman called the meeting to order. PLEDGE OF ALLEGIANCE Mr. Panzenhagen led in the Pledge of Allegiance. MINUTES Ms. Glover moved to approve the November 5, 2009 minutes as corrected. Mr. Stearns seconded motion and it carried unanimously with Glover, Panzenhagen, Rosales, Scott, Stearns, Wilson, and White in favor. Ms. Glover moved to approve the December 3, 2009 minutes. Mr. Stearns seconded motion and it carried unanimously with Glover, Panzenhagen, Rosales, Scott, Stearns, Wilson, and White in favor. ORD. 1794 — AMEND MUMS DISTRICT TO PERMIT MOTORSPORTS RENTALS AND SALES A,S A CONDITIONAL USE Consideration of Ordinance No. 1794 to amend the Mixed -Use Main Street ( MUMS) District to permit Motorsports Rentals and Sales as a Conditional Use. The Chairman 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. Samantha Abell, Senior Planner, reported the City received an application from Brian Stuckey, manager and authorized agent of Fort Walton Beach Motorsports requesting to amend the Land Development Code by amending the commercial allowable uses to include Motorsports Rentals and Sales and amend the glossary of terms to provide for a definition. She said the applicant paid the required $ 925 application fee and deposit, and desires to locate a commercial business for motorsports rentals and sales within the MUMS District which is presently prohibited but in order to consider specific plans the City must allow, at least as a conditional use, this type business. She said this will be the first step of a two -step process and if the ordinance is approved by Council the applicant will then be able to return with a request for a Conditional Use Permit to operate at a specific site. She mentioned the applicant also requested a waiver of the application fee, but since the fee must be paid upfront to process the application it would be a reimbursement if approved by Council. Brian Stuckey, 219 NW Racetrack Road, manager and authorized agent of Fort Walton Beach Motorsports, explained the reason for wanting to relocate the business to the downtown area is because they have been at their current location for nine years and have not met their goals and a location downtown would enhance the sales and leasing of their products. 73-  Municipal Planning Board special meeting 12 - 16 -09 ORD. 1794 cont. Ms. Abell mentioned this type business is what the merchants want downtown. She explained staff recommends it be a conditional use; because of the need to place certain conditions to make sure it is compatible with the surrounding properties. The Chairman opened the floor for public input. Maggie Halsey, 100 Holmes Boulevard, owner of Barefoot Weddings downtown, spoke in favor of the request and mentioned it is on the merchants' wish list to allow motor sports rentals. Doug Reed, 842 Santa Rosa Court, owner of Merlin' s downtown, spoke in favor of the request and discussed the Board' s opportunity to open the door for the downtown merchants to enhance the services offered the community. Piper Gaffrey, owner of Fountain Square downtown, spoke in favor of the request, mentioned motorized recreational vehicles is something the merchants had on their wish list because they felt it would benefit the downtown. She expressed the belief it would be compatible with the residential element in the MUMS District and encouraged the Board to move forward with the request. Ms. Abell pointed out if the zoning table is changed to include Motorsports Rentals and Sales as an allowable use than it would need to comply with the Comprehensive Plan. She stated staff recommends it be a conditional use to make sure it complies with the Comprehensive Plan. Valerie Wenzel, 29 Country Club, Shalimar, owner of several properties downtown, spoke in support of the change and the belief that it would go a long way in helping downtown. There was no one ffirther from the public who wished to speak. Ms. Glover moved to recommend to City Council approval of Ord. 1794. Mr. Rosales seconded motion. There was an exchange of views on whether to proceed with the change to the MUMS District to permit Motorsports Rentals and Sales as a conditional use or whether to allow the use permitted by right, and whether or not to recommend a fee waiver: Mr. Stearns called for the vote on the motion. The Chairman called for the vote on the motion to recommend to City Council approval of Ord. 1794 and it carried unanimously with Glover, Panzenhagen, Rosales, Scott, Stearns, Wilson, and White in favor. The City Attorney spoke to the issue of a fee waiver and advised it is legally insufficient to offer a waiver to the applicant. She read the portion of Resolution 2007 -23 that gives the City Manager authority to waive certain fees established in the fee schedule and advised a change to