Fort Walton Beach Council agenda — 10-09-2007 regular agenda — reading text

If any section, phrase, sentence, or portion of this Ordinance 57 is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such 58 portion shall be deemed a separate, distinct, and independent provision, and such holding 59 shall not affect the validity of the remaining portions thereof. 60 61 SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective upon approval by 62 the City Council and signature of the Mayor. 63 64 65 ADOPTED: 66 67 MAYOR: 68 69 70 ATTEST: 71 72 73 Helen Spencer, City Clerk 74 Approved as to legal sufficiency and form. 75 76 77 Toni L. Craig, City Attorney 78 79 80 81 82 83 84 85 86 87 88 89 90 91 Page 2 of 2  1 ORDINANCE 1736 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 4 FLORIDA, RELATING TO THE REZONING OF CERTAIN PROPERTY 5 WITHIN THE CITY OF FORT WALTON BEACH LOCATED AT 653 6 COUNTRY CLUB AVENUE NE;. PROVIDING FOR AUTHORITY; 7 PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY 8 TO BE REZONED FROM OKALOOSA COUNTY RUS RESIDENTIAL 9 URBAN SINGLE DISTRICT TO CITY OF FORT WALTON BEACH R- IO 1A SINGLE- FAMILY DWELLING DISTRICT; PROVIDING FOR A 11 ZONING MAP AMENDMENT; PROVIDING FOR CONFLICTING 12 PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING 13 FOR AN EFFECTIVE DATE. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT 16 WALTON BEACH, FLORIDA, AS FOLLOWS: 17 18 SECTION 1. AUTHORITY. The authority for enactment of this ordinance is Section 2, of 19 the City Charter, and Section 166. 021( 1), Florida Statutes. 20 21 SECTION 2. FINDINGS OF FACT. The City Council of the City of Fort Walton Beach 22 finds the following: ' 23 24 A. WHEREAS, an application for rezoning was initiated by the City of Fort Walton Beach 25 to the complete of voluntary annexation initiated by the fee simple title holder of process 26 the subject property; and, 27 28 B. WHEREAS public hearing was held before the Municipal Planning Board on a 29 September 6, 2007, and the Municipal Planning Board has recommended the request be 30 approved; and, 31 32 C. WHEREAS, the City Council has conducted two public hearings after giving due 33 public notice pursuant to Section 166. 041, Florida Statutes; and, 34 35 D. WHEREAS, the property, located at 653 Country Club Avenue NE comprises 0. 62 36 acre more or less, and is legally described as in Section 3 of this Ordinance; and, 37 38 E. WHEREAS, the rezoning is consistent with the present Comprehensive Plan, 39 adopted August 22, 2000, by Ordinance 1401. 40 41 SECTION 3. PROPERTY REZONED. The property legally described as Lot 3 and the South 42 30. 75 feet of Lot 2, Block B, Country Club Estates Subdivision, according to the Plat thereof 43 as recorded in Plat Book 3, Page 41, of the Public Records of Okaloosa County, Florida, is 44 hereby rezoned R- 1A Single- family Dwelling District. 45 46 SECTION 4. ZONING MAP AMENDMENT. The Official Zoning Map of the City of Fort 47 Walton Beach, as adopted by Section 12.40. 06 of the Land Development Code, is hereby 48 amended to include a change of classification from Okaloosa County RUS Residential Urban 49 SingleDistrict to City of Fort Walton Beach R- 1A Single-family Dwelling District for the 50 specific parcel described in Section 3 of this Ordinance. 51 Page 1 of 2 52 SECTION 5. CONFLICTING PROVISIONS. Special Acts of the Florida Legislature 53 applicable to the incorporated of area the City of Fort Walton Beach, City Ordinances and 54 City Resolutions, or parts, thereof, in conflict with the provisions of this ordinance are 55 hereby superceded by this ordinance to the extent of such conflict. 56 57 SECTION 6. SEVERABILITY. If any section, phrase, sentence, or portion of this Ordinance 58 is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such 59 portion shall be deemed a separate, distinct, and independent provision, and such holding 60 shall not affect the validity of the remaining portions thereof. 61 62 SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective upon approval by 63 the City Council and signature of the Mayor. 64 65 66 ADOPTED: 67 68 MAYOR: 69 70 71 ATTEST: 72 73 74 Helen Spencer, City Clerk 75 Approved as to legal sufficiency and form. 76 77 78 Toni L. Craig, City Attorney 79 80 81 82 83 84 85 86 87 88 89 90 91 92 Page 2 of 2  CITY COUNCIL MEETING October 9, 2007 Public Hearing Agenda Consideration of Ordinance 1731, amending Land Development Code, to permit by Conditional Use Marinas with Watercraft Dry Storage Facilities Second Reading) CDS Director) Municipal Planning Board Recommendation: ( 4-2) (8/2/ 07) Council Action 1 st 2nd Vote: Agenda Item Number: 10  1 ORDINANCE 1731 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; 4 PROVIDING FOR AUTHORITY; AMENDING VOLUME IV, LAND 5 DEVELOPMENT CODE, CHAPTER 12. 457 MUW- 18 MIXED-USE 6 WATERFRONT DISTRICT TO PERMIT BY CONDITIONAL USE MARINAS 7 WITH WATERCRAFT DRY STORAGE FACILITIES; PROVIDING FOR 8 REPEAL OF PRIOR PROVISIONS; PROVIDING FOR SEVERABILITY, AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON 12 BEACH, FLORIDA, AS FOLLOWS: 13 14 SECTION I. AUTHORITY. The authority for enactment of this ordinance is 15 pursuant to the powers for the City of Fort Walton Beach, provided in Section 2 of 16 the City Charter, and Section 166. 021( 1), Florida Statutes. 17 18 SECTION II. Volume IV, Land Development Code. Chapter 12.457, MUW- 18 19 Mixed- Use Waterfront District, Section 12.457. 04, is hereby amended to add the 20 following: 21 22 Section 12.457. 04 Conditional Uses. 23 24 ( 2) Marinas, and dry storaQe facilities. including marina offices, retail facilities, 25 watercraft sales and rentals, and watercraft repairs, but excluding dry storage 26 facilities and live- aboards. 27 28 SECTION III. REPEAL OF PRIOR PROVISIONS. 29 30 In the event any Ordinance or parts of Ordinances are in conflict herewith, the 31 provisions of this Ordinance herein shall prevail. 32 33 SECTION IV. SEVERABILITY. 34 35 Should any section or provision of this ordinance, or any portion thereof, be 36 declared by a court of competent jurisdiction to be invalid, such decision shall not 37 affect the validity of the remainder, as a whole or any part hereof, other than that 38 part declared to be invalid. 39 40 SECTION V. EFFECTIVE DATE. 41 42 This ordinance shall take effect immediately upon approval by the City Council 43 and signature of the Mayor. 44 Page 1  vd II 3) Regular MPB meeting 8- 2-07 ORD. 1731 & 1732 cont. c Mr. Mitchell expressed understanding of the City Attorney' s position but believed there needed to be standards established. Mr. Dorman agreed with staff there needs to be standards established to ensure it will not be a visual eye sore. It was questioned whether the residents along Highway 98 had been notified or if it had been advertised. Mr. Mitchell explained it is not required at this point but it will be advertised before it goes to Council. The CDS Director mentioned if the Board would like to ask staff to take it to the neighborhood meeting, they would be glad to do that. In response to the comment that dry storage is industrial, Mr. Haggerman pointed out the Sunrise on the Sound project will meet the view corridor criteria and the primary standards ofwaternont activities. Mr. Dorman mentioned the recommended standards exceed the standards of a residential condominium and will not permit a flat waIl warehouse look,and from the roadway unless you know there is a dry storage facility, you will not know it is there. Concern was expressed over the recovery time to rebuild in the event of a storm. Mr. Dorman commented they cannot predict how long storm recovery would take but any conditional use does not get out from under complying with all the other regulations. David Smith, Sunrise on the Sound, stated they agreed to provide access from Highway 98 to the boardwalk. Mr, Scott moved to recommend to City Council approval of Ord. 1731 and it carried by a vote of 4 to 2 c with cak,Scott, Wayne, and Wilson in favor and Glover and McDonald opposed. Ge.. Mr. Wayne moved to recommend to City Council approval of Ord. 1732. Mr. Scott seconded motion and it failed for lack of a majority with Gercak, Scott, and Wilson in favor and Glover, McDonal~ and Wilson opposed. RECESS The meeting recessed at 7: 05 p.m. RECONVENE The meeting reconvened at 7: 12 p.m. ORD. 1726 - HOME OCCUPATIONS The ordinance was read by title. Consideration of an Ordinance ( 1726) of the City of F ort Walton Beach, Florida; providing for authority; amending Section 12. 735. 01, Land Development Code. entitled " Home Occupations" by removing the requirement for an annual inspection by the Building Official and the Fire Chief; and amending Section 8. 05. 01, Licenses & Business Regulations, entitled "Annual Inspections Required", by removing the requirement for the Fire DejJartment to conduct an annual inspection for home occupations; providing for conflicting provisions; viding for severability and providing for an effective date. pr<) Mike Dutton, Fire Chief, explained the .man hours consumed and the difficulty in scheduling the annual in~ pection of home occupation premises. He mentioned the proposed ordinance will not eliminate the initial in;;spection of Home Occupations but would eliminate the requirement for an annual inspection.