Fort Walton Beach Council minutes — 09-25-07 regular minutes — reading text

151 Regular Council 9/ 25/ 07 SITE PLAN AMENDMENT - TRUSTMARK BANK ( CONn Dr. Pullen moved to approve the CRA Board recommendation to approve the amended site plan submitted for the Trustmark Bank Building at 100 Eglin Parkway NE, subject to the conditions of the original site plan dated October 26, 2006. Mr. Garvie seconded motion. Some Council members stated their support of the amendment and that businesses should be allowed to dictate their own brand of building and design within reason. Another Council member expressed the need to maintain themes and standards for the City. The Mayor called for the vote on the motion and it carried by a vote of 6 to 1 with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor and Hartwell opposed. SITE PLAN AMENDMENT. JOE & EDDIES' 206 FLORIDA PLACE Consideration of a request from Gerard Perillo, Owner, for amendment to site plan approval for Joe & Eddie' s Mixed Use Building, located at 206 Florida Place. The purpose of the amendment is to increase the square footage of the North Building and to add a parking garage. The City Attorney announced a quasi-judicial proceeding and swore in those who planned to testify. Chris Kacena, Foley Design Associates Architects, explained the purpose of the amendment is to add a parking garage as opposed to surface parking; a bridge way between the garage and south building; the potential for the north building to be further developed similar to the south building; and the addition of an external elevator on the south building. Mr. Kacena informed that there will be approximately 200 parking spaces with some reserved for the residences and businesses, and there is a possibility of fee parking for the public. Ms. Johnson advised that Staff had nothing more to add and that the CRA recommended approval at their meeting of September 5, 2007. As there were no objections, the Staff report was entered into the record. The CDS Director advised that the CRA asked the applicant to improve the building' s exterior on the side facing the Indian Temple Mound, and the applicant was agreeable to that. Council questioned what has been done regarding an archaeological survey on the site. Rick Cramer of Prentice Thomas and Associates, advised the survey was done when the structures were demolished and there were no significant findings. The Mayor opened the public hearing. There was none. Mr. Minich moved to approve the Development Order for an amendment of the site plan for Joe & Eddie' s Restaurant located at 206 Florida Place SE. Mr. Hartwell seconded motion. Council offered their support of the Joe & Eddie' s development. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. 152 Regular Council 9/ 25/ 07 PUBLIC HEARING-ORD 1745, AMENDMENT TO POLICE OFFICERS RETIREMENT FUND The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING CHAPTER 17 OF THE CITY OF FORT WALTON BEACH CODE OF ORDINANCES, ARTICLE IV, POLICE OFFICERS' RETIREMENT FUND; AMENDING SECTION 17-42, SOURCE OF FUNDS, EMPLOYEE CONTRIBUTIONS; EMPLOYER CONTRIBUTIONS; CHAPTER 185, FLORIDA STATUTES, DISTRIBUTION; AMENDING SECTION 17-46, PERSONS ENTITLED TO BENEFITS; CALCULATION OF BENEFITS; NORMAL RETIREMENT; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mark Wiltsie, Human Resources Director, advised Staff had nothing new to report and there have been no changes since the ordinance was read at first reading. The Mayor opened the public hearing. There was none. Mr. Garvie moved to adopt Ord. 1745 on second reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING-ORD. 1731, AMENDMENT TO LDC. WATERCRAFT DRY STORAGE 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. 457 MUW- 18 MIXED- USE WATERFRONT DISTRICT TO PERMIT BY CONDITIONAL USE MARINAS WITH WATERCRAFT DRY STORAGE FACILITIES; PROVIDING FOR REPEAL OF PRIOR PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. len Mitchell, Long- Range Planning Manager, gave the background of the proposed ordinance, informing that the applicants, Premier of Fort Walton, LLC, is in the process of redeveloping property in the MUW- 18 District for a marina, and would like to accommodate a marina which includes a watercraft dry storage facility. Mr. Mitchell reported that such facilities are specifically not permitted in that district, and explained that Ord. 1731 would amend the Mixed- Use Waterfront 18 District to allow, rather than disallow, watercraft dry storage facilities as a conditional use in marinas as follows: ( 2) Marinas, and dry storage facilities, including marina offices, retail facilities, watercraft sales and rentals and watercraft repairs, but excluding live- aboards. Mr. Mitchell also discussed Ord. 1732, which provides criteria to be met when considering a development permit for a conditional use for dry storage facilities in a marina in any zoning ~ district. It was noted that Staffs opinion is that they could not support allowing watercraft dry storage facilities without the criteria specified in Ord. 1732, and that it was common practice for zoning ordinances to have criteria for certain conditional uses. iij:;~, Council received clarification that no site plan is being considered; Ord. 1731 simply adds the dry-storage facility into the definition of marinas, and Ord. 1732 develops the criteria for dry storage facilities. The Mayor opened the public hearing.  153 Regular Council 9/ 25/ 07 ORD. 1731 ( CONT) J. E. " Jack" Dorman, Jr. the authorized agent for Premier of Fort Walton LLC, Sunrise on the Sounds, requested Council' s favorable consideration of both the ordinances. Brett Heinley, Blue Water Bay, informed he is a marina owner and stated the need to have the availability to do a mixed use to adapt to the public' s needs, and that dry storage abilities should be incorporated with marinas statewide. J. D.Taylor, Gilmore Court, discussed the vast number of boats on the waterway, and that marinas in that area could be a safety hazard. Pauline Martin, resident of the Casa del Mar Townhomes, wanted Council to keep in mind that what is being made commercial in that particular section is, in her opinion, part of the downtown area. Mr. Dorman clarified that on the site in question adjacent to Mrs. Martin, the applicant has a residential use, not a dry storage requirement. As there was no one else who wished to speak, the public hearing was closed. Mr. Minich moved to adopt Ord. 1731 on first reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING-ORD. 1732. ADDING SEC. 12. 94.071, CRITERIA The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; ADDING SECTION 12. 94. 071, ENTITLED WATERCRAFT DRY STORAGE FACILITIES CRITERIA, TO CHAPTER 12. 94, CONDITIONAL USE, OF THE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Mr. Mitchell reported the proposed ordinance will add a new Section 12. 94. 071, Watercraft Dry Storage Facilities Criteria, to the criteria for conditional uses, and discussed the criteria that shall apply for that use. Discussion ensued regarding whether there were any restrictions as to how close a storage facilitycan be to a residential property line.The City Attorney advised that with a conditional use, the conditions, requirements, standards, and criteria are looked at individually for each piece of property and crafted in the conditional use order, and that is the process the MPB goes through when they review applications. She explained that the criteria has to be applied evenly and equally among the entire district, and if a setback of 100 feet were put in the criteria it would apply to every single property in MUW- 18 that may develop a dry storage facility. If the criteria were removed, then the MPB and Staff have the right to discuss and make it a condition of the use itself. She further stated these criteria will apply to all three districts, the MUW- 12, 18, and 24, and where marinas and dry storage facilities are allowed as a conditional use. The City Attorney explained the criteria had to be general enough so that they would not apply to just this one piece of property; and further requirements and conditions of this development will come through the application process. The Mayor opened the public hearing. 154 Regular Council 9/ 25/ 07 ORD. 1732 ( CONT) Mr. Dorman, representing Premier of Fort Walton LLC, advised that the criteria contained in Ord. 1732 has been thoroughly discussed between Premier and the City, and that they have no problems with any of the standards contained for their particular site. Mr. Dorman stated his feeling that the standards will enhance the waterfront for the City, as well as the public access of the citizens to the Sound. As there was no one else to speak, the public hearing was closed. Mr. Minich moved to adopt Ord. 1732 on first reading. Mr. Reeves seconded motion. Mr. Garvie moved to amend the ordinance to add to the conditions the following: The facility shall be located at least 50 feet from any adjacent private property unless a residential use exists on the adjacent property, in which case the facility shall be at least 100 feet from the property line of the property containing the residential use. Mr. Miller seconded motion. Mr. Garvie stated his feeling the amendment gives protection to the property owners and residents on the waterfront from large dry storage facilities. The City Attorney stated her legal opinion that the amendment is arbitrary as criteria is being dealt with that will apply in three zoning districts, and that there was never a survey conducted to see how many properties may have limited use. Clarification was given that what is being considered is a conditional use, and not setbacks for different zoning districts. The Mayor called for the vote on the amendment and it failed by a vote of 2 to 5 with Miller and Garvie in favor and Holmes, Reeves, Pullen, Hartwell, and Minich opposed. The Mayor called for the vote on the motion to adopt Ord. 1732 on first reading and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. RECESS The meeting recessed at 9: 50 p. m. RECONVENE The meeting reconvened at 10: 00 p. m. REGULAR