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

hearing. Mike Crew mentioned within the CRA area, the Comprehensive Plan refers to the CRA Master Plan which sets forth height standards for the CRA District. He suggested if they are changing the height standards in the Comprehensive Plan and the CRA Urban Master Plan, they have to be done first, or at least they have to be consistent. He said if they are going to make ordinance changes that affect policy changes, to look at the policies first to make sure they are not doing something contrary to the policies. The CDS Director commented it is set in the Comprehensive Plan as maximum heights and they are not exceeding those maximum heights, so they are consistent. Jay Odom commented that height is a property right afforded to the people who own a piece of property and the heights have been in place for many years. He said the heights were determined by a land use study and sent to the State DCA to be reviewed and approved. He agreed that the Comprehensive Plan would have to be amended in order to change the height limits. Gary Vorbeck, 10065 Highway 98, Destin, distributed pages of the Comprehensive Plan dealing with building heights in specific zoning districts, and stated his feeling that it is incorrect to amend land development regulations without amending the Comprehensive Plan first. Mr. Vorbeck also expressed concern over view corridors and the damage of property rights.  Regular Council 3- 28- 06 152 ORD. 1697 ( CONT) The City Attorney expressed her legal opinion that the Comprehensive Plan allows the reduction of height without going through an amendment. In addition to language as it relates to the MUW- 24, language in the Comprehensive Plan states that land development regulations have to be relied upon, not just the Comprehensive Plan, and that each site is seen on a site by site basis, and that no one should rely on the language in the Comprehensive Plan. She stated the Comprehensive Plan is intended to be a general guideline for future planning and future land use, and that the entire context of the Plan has to be considered, not just a few words or pages. The City Attorney further advised that a review of the Comprehensive Plan is underway and should be completed in the next year and a half. She stated any inconsistencies would be addressed in the Comprehensive Plan, but the question this evening is whether the City is being inconsistent by reducing the heights when they have them set as a maximum in the Comprehensive Plan. Jay Odom stated a letter to DCA from the City asking their opinion as to the status of the ordinances in regards to the Comprehensive Plan would settle the matter. The City Attorney advised that while Staff could get an advisory opinion from the DCA, she noted that Council is receiving input from the development side and that it is Council's job to weigh the issues. She reiterated her opinion that the ordinances are not inconsistent because the City is not increasing the limitations mentioned in the Comprehensive Plan. Chris Gibson, 249 Brooks Street, reminded Council that the Comprehensive Plan and Land Development Code were based on the City' s Vision Plan, which is the vision the citizens desire for the City. Bob Lee stated his feeling that the Comprehensive Plan is being altered with reducing the maximum heights in the City. As there was no one else who wished to speak, the public hearing was closed. Dr. Pullen moved to adopt Ord. 1697 on first reading. Mr. Minich seconded motion. Council discussed their concerns regarding possible lawsuits if the ordinances are adopted, as well as the desire of the citizens to have a small town atmosphere without large buildings. 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. 1698: AMENDING LDC. BUILDING HEIGHT. C- 2 DISTRICT The City Attorney read the ordinance by title only. 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- 2, SECTION 12.423. 02 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- 2 Regional Commercial District from the current 150' or 15 stories to a maximum height of 70'. The Mayor opened the public hearing.  Regular Council 3- 28- 06 153 ORD. 1698 ( CONn Jay Odom discussed his proposed project for a residential and business development for the Uptown Station district and that height restrictions would severely effect the development, and stated his opposition to the proposed height limitations. Mike Crew stated his views regarding future development, policy level procedures, and that the ordinances are a sweeping change that will effect the entire city. As there was no one else who wished to speak, the public hearing was closed. The CDS Director explained the section in the code entitled the Planned Unit Development ( PUD). She advised it is rarely used and has not been amended for years, but would allow an to applicant request a rezoning to PUD in a situation where they have sufficient property and an appropriate development if the property is lower and in a higher elevation. The City Attorney advised that while the explanation of the PUD was appreciated, it is irrelevant to these ordinances, as there are other requirements that would have to be satisfied for development. She further advised that Staff is looking at updating that section of the code in the future, but what is being discussed this evening is a different issue. Jay Odom stated his opinion that if Council, as a separate motion, could give specific direction to begin the process of updating the PUD, that would be a potential way to alleviate the problem. As there was no one else who wished to speak, the public hearing was closed. Dr. Pullen moved to adopt Ord. 1698 on first reading. Mr. Minich seconded 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. RECESS The meeting recessed at 9: 20 p. m. RECONVENE The meeting reconvened at 9: 30 p. m. PUBLIC HEARING- ORD. 1699: AMENDING LDC, BUILDING HEIGHT, M- 1 DISTRICT The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING VOLUME IV, LAND DEVELOPMENT CODE, CHAPTER 12.43 INDUSTRIAL USES, M- 1, TO ADD SECTION 12.431. 09 MAXIMUM 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 M- 1 zoning district from no maximum height to a maximum height of 70 feet. The Mayor opened the public hearing. As there was none the public hearing was closed. Mr. Hartwell moved to adopt Ord. 1699 on first reading. Mr. Patterson seconded 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.  Regular Council 3- 28- 06 154 PUBLIC HEARING- ORD. 1700: AMENDING LDC. BUILDING HEIGHT. M- 2 DISTRICT The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING VOLUME IV, LAND DEVELOPMENT CODE, CHAPTER 12.43 INDUSTRIAL USES, M- 2, SECTION 12.432. 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 M- 2, Industrial Park District, from no maximum height of structures, except that a maximum height of 45 feet is permitted within 150 feet of any district restricted to a 35- foot maximum height, to a maximum height of 40 feet. The Mayor opened the public hearing. As there was none the public hearing was closed. It was noted a typographical error in the draft ordinance and that Line 24 of the draft ordinance should read 40 feet instead of 50 feet, and the City Attorney noted the correction. Dr. Pullen moved to adopt Ord. 1700, with the maximum height of 40 feet, on first reading. Mr. Hartwell seconded 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. 1701: AMENDING LDC. BUILDING HEIGHT. MUW- 24 DISTRICT The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY AND FINDINGS OF FACTS; AMENDING VOLUME IV LAND DEVELOPMENT CODE, CHAPTER 12.45 REDEVELOPMENT PROJECT AREA, MUW- 24, SECTION 12.459. 05 SITE DEVELOPMENT STANDARDS, MAXIMUM HEIGHT; 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 MUW- 24 district to 70 feet, except for the three parcels of land from 128- 200 Miracle Strip Parkway, which shall remain at the current 150 foot maximum building height. She further explained the Municipal Planning Board recommended to maintain all of MUW- 24 at 70 feet, to include the three parcels, and to amend the non- conforming language to allow the three parcels to redevelop if more than 50% destroyed. She advised the goal of this ordinance is to allow the Presidio and 200 West to remain legally at their height sop roperty 0 wners c an obtain mortgages, insurances, etc. 0