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

Ms. Wilson moved to recommend to City Council approval ofOrd. 1726. Mr. McDonald seconded motion and it earried unanimously with Gercak,Glover, McDonald, Scott, Wayne, and Wilson in favor. Page 50f6  CITY COUNCIL MEETING October 9, 2007 Public Hearing Agenda Consideration of Ordinance 1732, adding Section 12. 94. 071, Watercraft Dry Storage Facilities Criteria, to the Land Development Code Second Reading) CDS Director) Municipal Planning Board Recommendation: ( 3- 1) ( 9/6/07) Council Action 1 st 2nd Vote: Agenda Item Number: 11  1 ORDINANCE 1732 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; 4 PROVIDING FOR AUTHORITY; ADDING SECTION 12. 94.071, ENTITLED 5 WATERCRAFT DRY STORAGE FACILITIES CRITERIA TO CHAPTER 12. 94, 6 CONDITIONAL USE, OF THE LAND DEVELOPMENT CODE; PROVIDING 7 FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON 10 BEACH, FLORIDA, AS FOLLOWS: 11 12 SECTION I. AUTHORITY. The authority for enactment of this ordinance is 13 pursuant to the powers for the City of Fort Walton Beach, provided in Section 2 of the 14 City Charter, and Section 166. 021( 1), Florida Statutes. 15 Section A.5 of the City' s Comprehensive Plan provides that commercial uses in 16 the Mixed Use Waterfront Districts " shall only be those that are deemed compatible with 17 residential uses and require or are compatible with a waterfront setting." 18 A marina is defined in the Land Development Code as " a waterfront or over- 19 water facility for boats in the construction form of docks, piers, wharves, moorings, 20 ramps and slips, which facility may offer retail sales, rentals, storage, minor 21 maintenance, fueling, hoisting, electricity, potable water, sewage disposal facilities, food 22 and supplies." Only in the MUW- 18 zoning district was there an exception for " dry- 23 storage facilities." The City Council finds that dry storage facilities are permitted as a 24 conditional use in the MUW- 12 and 24 zoning districts adjacent to the MUW- 18 MUW... 25 zoning districts. Therefore, the current development of the City waterfront area and 26 redevelopment of supports amendment of the MUW-18 zoning district to permit dry- 27 storage facilities as a conditional use. 28 29 SECTION II. AMENDMENT OF CHAPTER 12. 94. Chapter 12. 94, Conditional 30 Use, of the Land Development Code is hereby amended to add the following: 31 32 Section 12. 94. 071 Watercraft Dry StoraQe Facilities Criteria 33 34 In addition to the criteria of 12. 94.07. the followinQ criteria shall apply to 35 dry storaQe facilities in any zoninQ district. 36 37 The desiQn of the proposed conditional use will minimize any detrimental 38 effects on neiQhborinQ properties bY providing the fOllowinQ design 39 features: 40 a. The dry storage facility must be co- located on- site with a 41 permitted marina: 42 b. The dry storage facility shall not appear as a flat wall 43 warehouse. or other box- like structure from public roads or adiacent 44 properties. Page 1 o UJt II 45 c. The dry storage facility building shall be consistent with the 46 architectural theme of adiacent and modern property improvements 47 d. The dry storage facility shall include an exterior treatment 48 which includes stucco. brick and/ or finished masonry materials ( i. e.. stone. 49 cement fibre board. concert tilt- up. etc. ). 50 e. No more than ten percent ( 10%) of the exposed exterior 51 walls shall be metal or corrugated metal except for access doors. window 52 and door frames. trim. accent features. roof. awnings. structural supports. 53 other minor appurtenances and architectural metal panels with appropriate 54 coatings. 55 f. The exterior treatment of any proposed dry storage facility 56 shall be carefullv considered prior to the granting of a conditional use 57 permit. 58 g. The roof line shall not be flat and shall include architectural 59 embellishments including but not limited to dormers. gables. cupolas. etc. 60 h. The application for conditional use of a dry storage facility 61 shall include color graphic representations of the proposed structure and 62 parcel as proposed. 63 i. It shall be a condition of approval that the construction. 64 finishing. and detail will be as depicted and approved in the color graphic 65 representation. 66 67 68 SECTION III. REPEAL OF PRIOR PROVISIONS. 69 70 In the event any Ordinance or parts of Ordinances are in conflict herewith, the 71 provisions of this Ordinance herein shall prevail. 72 73 SECTION IV. SEVERABILITY. 74 75 Should any section or provision of this ordinance, or any portion thereof, be 76 declared by a court of competent jurisdiction to be invalid, such decision shall not 77 affect the validity of the remainder, as a whole or any part hereof, other than that 78 part declared to be invalid. 79 80 SECTION V. EFFECTIVE DATE. 81 82 This ordinance shall take effect immediately upon approval by the City Council 83 and signature of the Mayor. 84 85 86 ADOPTED: 87 88 Page 2 89 MAVOR: 90 ATTEST: 91 92 93 94 Helen Spencer, City Clerk 95 Approved as to form and legal 96 sufficiency. 97 98 99 100 Toni L.Craig, City Attorney 101 102 Codification Instructions 103 Section II: Codified as amendment to Section 12.73, LOC 104 Sections I, "', IV and V: not codified 105 Page 3 Regular MPB meeting 7 ORD. 1732 cont. Jack Dorman. authorized agent for Premier of Fort Walton.thanked the Board and staff for their work on the issue. He pointed out an applicant will have to present a graphic representation to show the fInished product and the graphic representation shall be a condition of approval. He reminded the Board of the purpose of the MUW- 18 District is to encourage water related activities and the standards will open up access to the sound. He encouraged the Board to recommend approval to City Council. Mrs. Wilson moved to recommend to City Council approval of Ord. 1732. Mr. McDonald seconded motion. In response to the question on whether the owners of Casa Del Mar were aware the issue was coming up Mr. Mitchell explained that the project is not at that point yet and there is no requirement to notify adjacent property owners when talking about the whole zoning district The Chairman called for the vote on the motion and it carried by a vote of3 to lwith Fiasco, McDonald, and Wilson in favor and Glover opposed ( Gercak.Scott and White absent). SHORELINE PROTECTION ZONE Discussion of Shoreline Protection Zone. Mr. Mitchell briefly went over the background which led to City Council creating the task for stafIto modifY the Shoreline Protection Ordinance. He noted the docllll1ent " A Zoning and Land Use Report on the Shoreline Protection Zone in the City of Fort Walton Beach" is a result of the task. He mentioned to modifY the Shoreline Protection Ordinance the City must first review and amend its Goals, Objectives and Policies in the Comprehensive Plan in order to be positioned to implement policies with regulations in the Land Development Code. He reviewed the history of the current shoreline protection requirements, the shoreline protection provisions specified in the Comprehensive Plan and the shoreline protection provisions specified in the Land Development Code, and went over an analysis ofthe current Comprehensive Plan provisions and regulations for shoreline protection. Staff recommends that the Board transmit the Study and recommend to City Council that the staffbe directed to include the Study on the Shoreline Protection Zone as a Major Issue to be addressed in the Evaluation and Appraisal Report for the Comprehensive Plan. Staff also recommends that the Board direct staff to prepare a narrative amendment to the Future Land Use Element of the Comprehensive Plan that will effectively modifY the uses in the shoreline protection zone to include marinas where related services are a permitted use, with the caveat that the marina attains " Clean Marina Program" offered by the Florida Department of Environmental Protection. Jim Tucker, owner of The Boat Marina & Boat Yard,36 Miracle Strip Parkway SW, expressed his appreciation of the fact that the City is going to address a problem. Ms. Wilson moved to transmit the Study and recommend to City Council that the staffbe directed to include the Study on the Shoreline Protection Zone as a Major Issue to be addressed in the Evaluation and Appraisal Report for the Comprehensive Plan;and that the Board direct staff to prepare a narrative amendment to the Future Land Use Element ofthe Comprehensive Plan that will effectively modify tbe uses in the shoreline protection zone to include marinas where related services are a permitted use, with the caveat that the marina attains ''Clean Marina Program" offered by the Florida Department of Environmental Protection. Ms. Glover seconded motion. Ms. Glover left the meeting at 6:05 p.rn. The City Attorney advised that a quorum has been lost so the Board cannot take any action and to consider the rest of the items on the agenda as continued. ADJOURNMENT The meeting adjourned at 6:07 p.m. ddm Page 3 of 3 216 03- 27"() 7 ALTA VISTA SITE PLAN ( CONn Mike Crew, applicant, advised that all applicable fees were paid and were confrmed with City Staff. Mr. Crew stated he wants his request to be treated fairty like all other requests previously approved. and that the CRA Board and Council are charged with all ordinances enacted by the City. and he does not feel the request should go back to the CRA. since it was approved under the ordinance in force at the time of approval. J Mr. Crew continued there has been a lot of changes and he has worked diligently with Staff in meeting all