Fort Walton Beach Council minutes — 03-28-06 regular minutes — reading text

ORD. 1702 ( CONT) The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Tucker moved to adopt Ord. 1702 on second reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING - ORD. 1683: DENSITY INCREASE IN MUMS DISTRICT The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING VOLUME IV LAND DEVELOPMENT CODE, CHAPTER 12.45 REDEVELOPMENT PROJECT AREA, SECTION 12. 4 56. 05; PROVIDING FOR REPEAL OF PRIOR PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Peggy Fowler, CDS Planner II, explained the amendment will bring the MUMS Zoning District of the Land Development Code consistent with the Comprehensive Plan to allow the base residential density of twelve units per acre to increase to a base residential density of 24 units per acre, up to a maximum density of 30 residential units per acre, when specific design features with associated bonus points are included in the site plan. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Minich moved to adopt Ord. 1683 on first reading. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING - ORD. 1685: ANNEX 1940- 1950 LEWIS TURNER BLVD The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT W ALTON BEACH, FLORIDA; RELATING TO THE ANNEXATION OF A PARCEL OF LAND SITUATED IN THE UNINCORPORATED AREA OF OKALOOSA COUNTY IN THE SOUTH % OF SECTION 26, TOWNSHIP 1 SOUTH, RANGE 24 WEST AND HAVING THE PHYSICAL ADDRESS OF 1940- 1950 LEWIS TURNER BOULEVARD; MAKING FINDINGS OF FACT; AUTHORIZING THE PETITION FOR ANNEXATION; ANNEXING THE DESCRIBED PROPERTY PURSUANT TO LAW AND REDEFINING THE MUNICIPAL BOUNDARY; AND SETTING AN EFFECTIVE DATE. Len Mitchell, CDS Long- Range Planning Manager, described the property to be annexed into the City, explained ordinances to establish land use designation and zoning for the property will be considered at a later date, and noted due to additional public hearing requirements, the second reading of the ordinance will be held on April 25, 2006. He reviewed the requirements for voluntary annexation and reported the Municipal Planning Board recommended approval of the ordinance. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Patterson moved to adopt Ord. 1685 on first reading. Mr. Tucker seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor.  Regular Council 3- 28- 06 149 ORD 1685 ( CONT) Mr. Tucker moved that the City Council authorize the City Manager to enter into negotiations with the County Commissioners to determine their interest in acquisition of properties to be known as 1940- 1950 Lewis Turner Blvd. for a judicial center. Mr. Holmes seconded motion. Mr. Tucker explained the County is approaching the time where a judicial center will need to happen and the City has the opportunity to keep it in the south county where the of the live. He majority people wished to offer the County an option. Mr. Minich moved to postpone the issue until the next meeting. Mr. Hartwell seconded motion. Mr. Minich wanted an opportunity to receive more information on the issue and talk with the public to see if this is what they want to do. Mr. Tucker stated the County Commissioners will bring up the subject for discussion on April 7th, and he wished to have this as an option available to the County. Dr. Pullen commented the motion is just to have the City Manager explore it and that information will come forward. The Mayor called for the vote on the motion to postpone and it failed by a vote of 2 to 5 with Holmes and Minich in favor and Patterson, Campbell, Tucker, Pullen, and Hartwell opposed. The Mayor called for the vote on the motion to a uthorize the City Manager to enter into negotiations with the County Commissioners to determine their interest in acquisition of properties to be known as 1940- 1950 Lewis Turner Blvd. for a judicial center and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING - ORD. 1694: TREE PROTECTION AND HERITAGE TREES The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING SECTION 12. 72. 01 OF THE LAND DEVELOPMENT CODE TO PROTECT A GREATER NUMBER OF TREES DURING DEVELOPMENT OF ALL TYPES EXCEPT DETACHED AND ATTACHED ONE FAMILY DWELLING UNITS; REMOVING CABBAGE PALMS ( SABLE PALMETTO) FROM THE REPLACEMENT TREE LIST; ENACTING A NEW SECTION ENTITLED " HERITAGE TREE RECOGNITION," AND PROVIDING AN EFFECTIVE DATE. Paul Zimmerman, City Engineer, explained the changes in the tree protection provisions and the new heritage tree recognition program. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Tucker moved to adopt Ord. 1694 on first reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor.  3- 28- 06 Regular Council 150 HEIGHT ORDINANCES The Mayor noted items numbered 11- 16, Ordinances 1696- 1701, amend the definition of building heights in the C- 1, C- 2, M- 1, M- 2, and MUW- 24 Districts and will be addressed one at a time. PUBLIC HEARING - ORD. 1696: AMENDING BUILDING HEIGHT DEFINITIONS The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 12. 20 DEFINITIONS, OF THE LAND DEVELOPMENT CODE, TO AMEND DEFINITION OF BUILDING HEIGHT; PROVIDING FOR REPEAL OF PRIOR PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. the input Missy McKim, CDS Director, showed a power point that went over the history, the process, received from the base, and the assumptions used in the development of the height ordinances. She then went over the amendments to the definitions of building height. The Mayor opened the public hearing. Mike Crew, 25 Beal Parkway, commented Council needs to keep a balance between development and jobs and affordable housing. He also commented that Council needs to make sure they are following the proper procedure for ordinances versus Comprehensive Plan changes or Urban Master Plan because changes. He commented on definitions that the average grade would be difficult to quantify that median be used. He also questioned the definitions of of irregularlots and suggested grade roads and adjacent roads, whether it means government roads, private roads, city, county, state suggested that be fine- tuned. The CDS Director explained the lowest and the highest elevations are used for the actual average elevation. She explained any adjacent roadway, whether it is federal, state, county, or local road is a roadway. Jay Odom, Uptown Station, addressed the issue of measuring height and suggested if the goal is to not violate the base mission that the easiest definition is to tie it to mean sea level. The CDS Director explained heights measured from average mean sea level is not a base the City uses in planning or in the ordinances to measure height. She further explained the number of other issues, in addition to the information provided by the base, that were considered in the height definitions, such as the architectural standards within the City, neighborhood friendly areas and neighborhood planning, the Vision Plan of maintaining the community as a residential and small town community. Mike Crew recommended the City use the mean sea level to measure the height. Bob Lee, Mary Esther resident and business owner in Fort Walton Beach, addressed using the mean sea level to measure height. Dick Gercak, 214 Miracle Strip Parkway, representing the Municipal Planning Board as Vice- Chairman, explained the average grade was chosen to measure the height in order to make it simple and easy to understand. As there was no one further, the public hearing was closed.  Regular Council 3- 28- 06 151 ORD. 1696 ( CONT) Mr. Minich moved to adopt Ord. 1696, Version C staff recommendation, on first Mr. reading. Hartwell seconded motion. The question was posed on how a parking garage is figured in the height. The CDS Director noted under Version C parking garages are no longer a consideration. She explained the building can be so tall to the ceiling of the height, which can be all parking garage or no whatever is parking garage, inside the building is the building envelope. The City Attorney suggested, for clarification if staff did not object, that the word " roads" on line 49 and 65, be changed to " street" because it is defined to cover the issue of what is a road in the Land Development Code. She noted that can be made as an editorial amendment to the two lines. The Mayor called for the vote on the motion and it carried by a vote of 4 to 3 with Patterson, Pullen, Hartwell, and Minich in favor and Holmes, Campbell, and Tucker opposed. PUBLIC HEARING - ORD. 1697: AMENDING LDC. BUILDING HEIGHT. C- 1 DISTRICT The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING VOLUME IV, LAND DEVELOPMENT CODE, CHAPTER 12.42 COMMERCIAL DISTRICT, C- 1, SECTION 12.421. 03 HEIGHT OF BUILDINGS; PROVIDING FOR REPEAL OF PRIOR PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. The CDS Director explained the ordinance would change the maximum building heights in the C- 1, Limited Commercial District from the current 150' or 15 stories to a maximum height of 70'. The Mayor opened the public