Fort Walton Beach Council agenda — 11-10-2009 - regular — reading text

Unit informed the request went to the Municipal Planning Board and since then there have been some minor changes within the PUD document including two vehicle parking spaces per unit, the removal of a section on variances, and based on the City's request, the development is not limited to residential or single -family development, which will add flexibility for a mixed -use development. Samantha Abell, Senior Planner, advised a request was received from Core Engineering, the authorized agent for Sawyer and Associates, to rezone a 3. 13± acre parcel at 248 Brooks Street SE from MUW -12 to PUD for a proposed development which will consist of seven individual parcels 60 feet wide.Ms. Abell advised the property owner plans to sell the individual lots to buyers who will in turn have the right to build single -family homes according to architectural design standards established by the Homeowner Covenants and Restrictions. 3- 24 Regular Council October 27, 2009 ORD. 1811 ( CONT) Ms. Abell advised -the Municipal Planning Board held a public hearing to consider the request to rezone 248 Brooks Street SE on October 15, 2009, and recommended that City Council approve the request. As there were no objections the Staff Report was entered into the record. Ms. Abell advised the Staff Report included the amended ordinance, the amended Planned Unit Development, and the amended Covenants and Restrictions. i The City Attorney explained that the amended ordinance sets forth an order of precedence from the most controlling document, which is the City's Land Development Code, to the least controlling document, which are any conditions, covenants, and restrictions properly recorded in the public records of Okaloosa County, in case of a conflict of the terms or provisions of the ordinance. Ms. Abell continued that the intent of a PUD is to use the most economical use of the land; therefore,. in the future there could be a re- platting, easements, utilities, etc., all within this rezoning. Ms. Abell reminded Council that because this is a Development Order, they are approving all that is included within the PUD, and informed if in the future something needs. to be amended, the applicant would need to come back to Council for the revision. The City Attorney clarified the ordinance allows any uses approved under MUW -12, that is her interpretation, and that although architectural renderings were provided, they may or may not be binding on the development of future lots; depending on how the entire unit develops and that is an issue that will have to be addressed at that time. Mr. Stanford stated if anything changes in the future, there is no problem coming back before Council, that the developers want to do what is best for the City. The Mayor opened 'the public hearing. Chris Gibson, 249 Brooks Street, noted several quality of life issues of the proposed subdivision, including loss of the view corridor, possible future commercial uses in the area, and increased traffic. As there was no one else who wished to speak, the public hearing was closed. Mr. Garvie moved to adopt Ord. 1811 on first reading. Mr. Rynearson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. ORD. 1813, REZONING 248 HOLLYWOOD The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF PROPERTY LOCATED AT 248 HOLLYWOOD BOULEVARD SE, FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; MAKING FINDINGS OF FACT; REZONING PROPERTY FROM R -2 MULTIFAMILY RESIDENTIAL DISTRICT TO CF COMMUNITY FACILITIES DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; AND SETTING AN EFFECTIVE DATE. The City Attorney announced a quasi-judicial proceeding and gave the oath to those who planned to testify. 4-  25 Regular Council October 27, 2009 ORD. 1813 ( CONT) Freddie Casom, representing the Mercy Seat Ministries, advised the church wants to expand their facility and it came to their attention the property is zoned residential when they submitted plans for the expansion. Samantha Abell, Senior Planner, advised the Municipal Planning Board held a public hearing to consider the request to rezone 34 Carson Drive SE on October 15, 2009, and found the request meets the criteria specified in Section 13. 30.5 of the Land Development Code, and recommended that Council approve Ord. 1813. The Staff Report was entered into the record. The Mayor opened the public hearing. There was none. Mr. Garvie moved to adopt Ord. 1813 on first reading. Mr. Patterson seconded motion. The City Attorney questioned if the recommendation by Staff includes refunding the rezoning application fee of $925.00 as the Municipal Planning Board included it in their motion. Ms. Abell advised Staff has not received an application to request the waiver of fees of which $ 550. 00 goes to advertising costs and the remainder is for Staff time. Mr. Garvie advised his motion did not include the waiver of fees but he would like to add that to the motion. Mr. Garvie amended his motion to waive the rezoning application fee of $ 925.00. Mr. Patterson accepted the amendment. The Mayor called for the vote on the motion to adopt Ord. 1813 on first reading, including waiving the $ 925. 00 application fee, and it carriedunanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. ORD. 1814, REZONING 34 CARSON DRIVE TO CF The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA,, RELATING TO THE REZONING OF PROPERTY LOCATED AT 34 CARSON DRIVE SE, FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; MAKING FINDINGS OF FACT; REZONING PROPERTY FROM R -2 MULTIFAMILY RESIDENTIAL DISTRICT TO CF COMMUNITY FACILITIES DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; AND SETTING AN EFFECTIVE DATE. The City Attorney announced a quasi-judicial proceeding and gave the oath to those who planned to testify. Pastor Cecil Williams of the Gregg Chapel AME Church advised the church wants to accommodate a daycare facility and it came to their attention the property is zoned residential when they submitted plans for the daycare. Samantha Abell, Senior Planner, advised the Municipal Planning Board held a public hearing to consider the request to rezone 34 Carson Drive SE on October 15, 2009, and found the request meets the criteria specified in Section 13. 30.5 of the Land Development Code, and recommended that Council approve Ord. 1814. The Staff Report was entered into the record. 5- 0• J Regular Council October 27, 2009 ORD. 1814 ( CONT) The Mayor opened the public hearing. There was none. Mr. Garvie moved to adopt Ord. 1814 on first reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor: ORD. 1812, VOLUNTARY ANNEXATION OF 12 WEDGEWOOD LAND NE i The City Attorney read the ordinance by title. f The City Attorney announced a quasi-judicial proceeding and gave the oath to those who planned to testify. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; ANNEXING INTO THE CITY LIMITS OF FORT WALTON BEACH FLORIDA THE PROPERTY DESCRIBED AS LOT 1 BLOCK D COUNTRY CLUB ESTATE SUBDIVISION, WITH AN ADDRESS OF 12 WEDGEWOOD LANE, FORT WALTON BEACH, FLORIDA; PROVIDING FOR MUNICIPAL BOUNDARY; AND SETTING AN EFFECTIVE DATE. Ivan Lynn, 12 Wedgewood Lane, advised he is requesting annexation into the City because of a failing septic tank system on his property since County sanitary sewer is not available at the location. Samantha Abell, Senior Planner, advised the Municipal Planning Board held a public hearing to consider the ' request on October 15, 2009, and found the request meets the criteria for annexation pursuant to the Land Development Code, and recommended that Council approve the request. The Staff Report was entered into the record. The Mayor opened the public hearing. There was none. Mr. Reeves moved to adopt Ord. 1812 on first reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. ORD. 1816, ANIMAL CONTROL The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 7 BY REPEALING SECTION 7. 05.06, ANIMAL CONTROL; AMENDING SECTION 5.02 TO INCLUDE PROVISIONS FROM SECTION 7.05.06 AND ADDING OTHER PROVISIONS REGARDING ANIMAL CONTROL; AND SETTING AN EFFECTIVE DATE. The City Manager gave some background on the ordinance and advised the ordinance defines household pets, which includes pot bellied pigs; it defines pets that are not considered household pets; and includes the definition of farm animals as they are not included in the definition of a household pet and are therefore not considered to be permitted within the City limits. 6-  27 Regular Council October 27, 2009 ORD. 1816 ( CONT) The City Manager explained that since the City has a contractual relationship with the Panhandle Animal Welfare Society (PAWS), which enforces the county control ordinance within the City, the elements of the county ordinance concerning cruelty to animals and bad animals are enforced within the City. The City Manager further advised the ordinance designates the entire area within the corporate limits of the City a bird sanctuary, making it unlawful to hunt, kill, or trap birds or any wild fowl within the City. Discussion- ensued whether a- weight limit should be imposed on pot bellied pigs for pets. The City Manager advised he had considered that but it would be hard to enforce. The Mayor opened the public hearing. Chris Gibson, 249 Brooks Street, stated ' a pig is a pig is a pig' under any circumstances, and urged Council not to adopt this ordinance. As there was no one else who wished to speak, the public hearing was closed. Mr. Nabors moved to adopt Ord. 1816 on first reading. Mr. Reeves seconded motion and it carried by a vote of 5 to 2 with Reeves, Garvie, Nabors, Patterson, and Rynearson in favor and Holmes and Miller opposed. ORD. 1796, ALCOHOL SALES HOURS The City