Fort Walton Beach Council minutes — 08-26-08 regular minutes — reading text

CODE; AMENDING ALL OTHER SECTIONS OF CHAPTER 12, LAND DEVELOPMENT CODE, AS SET FORTH IN THIS ORDINANCE AND THE ATTACHED DRAFT LAND DEVELOPMENT CODE; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; AND SETTING AN EFFECTIVE DATE. It was noted this ordinance was voted on previously but had to be brought back due to lack of a majority vote the first tinle it was discussed in June.  253 Regular Council 8/ 26/ 08 ORD. 1756 ( CONT) Missy McKim, CDS Director, advised that the Land Development Code ( LDC) is a living document that will need to be reviewed and updated constantly and discussed the major changes to the LDC. These changes as recommended by the MPB at their 21, 2008 February meeting include the deletion of Sec. 13. 805, Penalties or Remedies; Sec. 16. 101. 5 Accessory Apartment; Sec. 16. 104, Bed and Breakfast; Sec. 16. 118, Permanently Installed Generators; and Sec. 16. 2000, Parking of Recreational Vehicles. Ms. McKim advised Sec. 16. 101. 6 Accessory Uses, will be deleted, and that Sec. 16. 300, Inoperable or Derelict Vehicles, is being challenged by Ray Seip and no changes have been made in the LDC regarding this section. Discussion ensued regarding enforcement of the provision for accessory apartments, that the standards for permanently installed generators have been deleted, and whether the membership of the DRC Committee should be listed. Ms. McKim clarified that once City Council approves the ordinance, the recommended changes will be incorporated into the LDC. Further discussion included discrepancies in heights for one- story accessory buildings in residential areas. The CDS Director advised the heights should be ten feet and she will check for further discrepancies and make any changes. The Mayor opened the public hearing. Ray Seip, 121 Nebraska Avenue, discussed the issue of the requirement for a current license tag on an inoperable or derelict vehicle and feels it should be removed because a person is allowed to turn in their tags if their vehicle is inoperable. Mr. Seip also discussed the responsibilities of code enforcement officers. Mr. Seip asked that Council adopt the LDC with the conditions that all the corrections are made and verified by Council and the MPB. As there was no one else who wished to speak, the public hearing was closed. Dr. Pullen moved to adopt Ord. 1756, on first reading, incorporating the changes recommended by the Municipal Planning Board. Mr. Minich seconded motion. Dr. Pullen discussed the 10-foot height of one story buildings in that it would not be high enough for parking of RV' s, etc. Dr. Pullen amended his motion to state the height of one- story accessory buildings be 14 feet. Mr. Minich seconded motion. Ms. McKim explained that roof pitches are desirable and that changing the height could result in flat roofs, and she advised that the MPB could revisit that and bring it back to Council for further study. The Mayor called for the vote on the amendment and it failed by a vote of 2 to 3 with Garvie and Pullen in favor and Holmes, Hartwell, and Minich opposed ( Miller and Reeves absent). The Mayor called for the vote on the motion to adopt Ord. 1756, on first reading, incorporating the changes recommended by the MPB and it carried unanimously with Holmes, Garvie, Pullen, Hartwell, and Minich in favor (Miller and Reeves absent). 254 Regular Council 8/ 26/ 08 RECESS The meeting recessed at 9: 00 p. m. RECONVENE The meeting reconvened at 9: 15 p. m. ORD. 1768. STORMW~~ TER MANAGEMENT UTILITY The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; ADDING A NEW CHAPTER 10. 521 ENTITLED " STORMWATER MANAGEMENT UTILITY" TO THE CODE OF ORDINANCES; MAKIING FINDINGS OF FACT AND PURPOSE; AUTHORIZING A STORMWATER MANAGEMENT PROGRAM; ESTABLISHING REGULATIONS FOR CONTRIBUTIONS OF STORMWATER RUNOFF; AUTHORIZING ESTABLISHMENT OF STORMWATER UTILITY USER FEES AND COLLECTIONS; AUTHORIZING CERTAIN PROPERTY OWNERS TO REFUSE SERVICE; AUTHORIZING ESTABLISHMENT OF CERTAIN CREDITS FOR MITIGATION; PROVIDING FOR PENALTIES; RESOLVING CONFLICTING PROVISIONS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. John Hofstad, Utilities Director, advised the resolution to establish the rate will be brought before Council later this evening. Mr. Hofstad also advised that this fee will apply to every property City- wide. The Mayor opened the public hearing. Neil Arnott, 93 Don Drive, spoke in favor of the ordinance stressing the need for keeping our waters clean, and that he lives at Don' s Bayou and the water is not fit for swimming anymore. As there was no one else who wished to speak, the public hearing was closed. Mr. Minich moved to adopt Ord. 1768 on second reading. Mr. Garvie seconded motion. Dr. Pullen stated he agrees with the need for a stormwater utility, but at this time the citizens do not need another tax; therefore, he will not support the ordinance. The Mayor called for the vote on the motion and it carried by a vote of 4 to 1 with Holmes, Garvie, Hartwell, and Minich in favor and Pullen opposed ( Miller and Reeves absent). ORD. 1769. 28 METHODIST AVENUE SE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AUTHORIZING THE TRANSFER OF THE REAL PROPERTY PLATTED AS A PUBLIC PARK AND SITUATED AT 28 METHODIST AVENUE, SE, FORT WALTON BEACH, FLORIDA; PROVIDING CITY COUNCIL AUTHORln' AND APPROVAL OF THE TRANSFER OF THE PROPERTY TO THE FORT WALTON BEACH HOUSING AUTHORITY; AUTHORIZING AND DIRECTING CLOSING BY THE MAYOR AND CITY CLERK; AND PROVIDING AN EFFECTIVE DATE. Ms. McKim advised the!re are no changes since first reading, and requested that the ordinance not be signed by the Mayor until after the Future Land Use Map ( FLUM) change from Recreation to Medium Density Residential is made, and the expected date on that is October 14. The reason for this is that because the property is under City ownership, the City Council agreed to be a co- applicant on the FLUM change and rather than revise the application it is easier to not sign the ordinance until after the change is made to the FLUM.  255 Regular Council 8/ 26/ 08 ORD. 1769 ( CONT) The City Attorney suggested discretion to conduct the closing at the most appropriate time for the developer, or to delay the closing since the key in the transfer of the is the property closing and not when the ordinance becomes effective. Ms. McKim advised there are three actions that still need to occur, including amending the FLUM from recreation to MDR; to rezone the property to Planned Unit Development ( PUD); and to approve a resolution to vacate the plat, and in order to rezone the property the applicant needs to be the owner of the property. Ms. McKim continued the City is attempting to meet the applicant's deadline of November so he can receive his tax credit. The City Attorney clarified that the transfer of the property is what transfers title to the property, not the effective date of the ordinance. She reiterated her suggestion to delay closing until it is an appropriate time, which means the Mayor would not execute the deed and there would not be a legal transfer of the property, but having the ordinance effective now authorizes the simply transfer. Ms. McKim concurred with the City Attorney and removed her request. The Mayor opened the public hearing. Lloyd Strickland representing Home Corp, the developer for Sound Side, noted that time is of the essence as the pricing on his tax credits is dropping because of the financial markets, and advised the Housing Authority is in the process of relocating their residents and in about 90 days funding from HUD will be gone. As there was no one else who wished to speak, the public hearing was closed. Mr. Minich moved to adopt Ord. 1769 on second reading, authorizing and directing closing by the Mayor and City Clerk at their discretion. Mr. Garvie seconded motion and it carried unanimously with Holmes, Garvie, Pullen, Hartwell, and Minich in favor ( Miller and Reeves absent). ORD. 1766. DEMOLITION OF HISTORIC SITE OR STRUCTURE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO APPLICATION FOR DEMOLITION OF A HISTORIC SITE OR STRUCTURE; ADOPTING ADDITIONAL PROVISIONS FOR PRESERVING ELEMENTS OF A SITE OR STRUCTURE; RESOLVING CONFLICTS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. Ms. Abell advised the City Attorney drafted Ord. 1766 amending Section 12. 100. 06, Procedures for Application for Demolition, in order to reflect changes made to the demolition application for structures 50 years or older. Ms. Abell explained the City has recently seen an increase in the applications to demolish structures more than 50 years old, and that applicants and Staff have discovered that the application contains ambiguity that necessitates clarifying language for conditions of demolition approval. The Historic Sites and Structures Advisory Board recommended approval of this ordinance, and forwarded it to the Municipal Planning Board who recommended it be forwarded to Council for their consideration. 256 Regular Council 8/ 26/ 08 ORD. 1766 ( CONT) Laura Bessinger- Morse" Museum Director and Staff liaison to the Historic Sites and Structures Advisory Board, explained that a recent demolition brought to light the need for criteria to consider to approve an application with the condition that elements of the structure, such as ornaments, fixtures, and similar items of