Fort Walton Beach Council agenda — 05-10-05 — reading text

Homeowners Association was informed that the marina is an accessory use of the unit and is not to be rented separately; to do so would be a code violation, and that the only way marina and boat slips are permitted to be rented out is as an accessory to the unit. Chris Gibson, 249 Brooks Street, stated her feeling that all developers should follow the same rules and regulations set forth by the City.  153 4/ 26/ 05 . AGREEMENT BAY DRI ( PIRATES BAY ASSOCIATION) ( CONTI The City Manager stated that the City has not received any complaints about the slips being rented out, and that the City has worked with the Homeowners Association and explained to them they are not permitted by Code to rent their slips individually. She advised any complaints will be investigated like any other complaint. Craig Tingle, attorney representing the Pirate' s Bay Community Association, clarified the issues, stating his client is not seeking to develop anything, so there is nothing to discuss in regards to parking requirements. Mr. Tingle further advised that the boat docks were demolished in Hurricane Ivan and have only recently been rebuilt, and that at least 20 of the slips are utilized by Brooks Landing. He has no reason to believe his clients are renting out boat slips, and he has not seen any evidence to that. Judith Fiasco, 229 Alconese, commented on the role of City Council as the decision maker and Staff as the administrator of those decisions. Mr. Holmes moved, based on the following findings, conclusions of law and conditions: 1) The Association will withdraw its Notification of Proposed Changes. 2) The Association shall declare its use percentages pursuant to the requirements of the MUW-24 zoning district ( Association tentativelv states that 4 units are homestead properties and the remaining 116 are rentals). 3) The Association will apply for an appropriate occupational license in accordance with its declared use. The stipulation and supporting documents for declaration of use will be made a part of the application for the occupational license. 4) The parcels of the DRI will individually satisfy the parking requirements pursuant to the MUW- 24 zoning district. The Association and other parcel owners enter into shared may parking arrangements upon their own initiative. 5) Once the Association satisfies the conditions of the stipulation, the City will consider it to be in compliance with the Code and close the Code Enforcement Board case; to authorize the City Manager to execute the Stipulation Agreement with the following items: 1) This Stipulation is pursuant t 0 the City' s authority from and consistent with t he procedures and standards of sections 163. 3220 - .3243, 166. 021, and 380. 06, of the Florida Statutes. 2) The Property subject to this Stipulation is described as Pirate' s Bay Phase I and Phase II, addressed as 214 Miracle Strip Parkway, Fort Walton Beach, Florida. 3) Pirate' s Bay Community Association, Inc., represents the condominium owners of the Pirate' s Bay condominiums. The Association is duly organized under the laws of Florida and has the requisite authority to enter into this Stipulation. 4) The parties acknowledge that the Property is a parcel subject to the Pirate' s Bay Development of Regional Impact. 5) The parties further acknowledge and agree that the Pirate' s Bay Development of Regional Impact expired in 2000. The Association has filed a Notification of Proposed Changes. The parties agree that this stipulation shall be executed in lieu ofthe Notification of Proposed Changes and that the Pirate' s Bay Development of Regional Impact will not be extended. 6) The Association shall declare its use pursuant to the MUW-24 zoning district requirements. 7) The Association will apply for an appropriate occupational license in accordance with its declared use. The stipulation and supporting documents for declaration of use will be made a part of the application for the occupational license. 8) The Association shall satisfy its own parking requirements pursuant to the MUW- 24 zoning district. 154 4/ 26/ 05 AGREEMENT BAY DRI ( PIRATES BAY ASSOCIATION) ( CONTI 9) The Association and other parcel owners may enter into shared parking arrangements upon their own initiative to satisfy the parking requirements. 10) Once the Association satisfies the conditions of this stipulation, the City will consider it to be in compliance with the Code and close the Code Enforcement Board case. 11) This Stipulation shall be in full force and effect, binding all successors, assigns, transferees, heirs and others taking title to the Property. 12) A public hearing was held before the Municipal Planning Board on 7 April 2005. The final public hearing was held before the City Council on 26 April 2005. 13) Owner shall pay all costs for advertising the public hearings. 14) Within 14 days after the execution of the Stipulation, Owner, at its expense, shall have the Stipulation recorded in the official records of Okaloosa County, Florida. 15) A copy of this Stipulation shall be submitted to the Florida Department of Community Affairs for its approval and comment. Mr. Tucker seconded motion. Dr. Pullen mentioned he has seen advertisements in the newspaper for the rental of boat slips at Pirates Bay. He complimented staff on bringing to Council changes to the Code that would make the Pirate' s Bay Condo Association a legal entity, but disagreed with the parking change. The Mayor commented that Council votes on issues as they are presented to them, and four votes carry a motion. Mr. Holmes commented this issue has been going on for 20 years and this is the best solution to remedy the situation, and noted the issue at hand is the Pirates Bay DRI, not the issue of parking. Mr. Tucker called for the question and the motion carried by a vote of 6 to 1 with Holmes, Patterson, Campbell, Tucker, Hartwell, and Minich in favor and Pullen opposed. The City Manager stated for the record that no one notified her or Staff of any ads regarding the rental of boat slips; if Staff had been notified, the matter would have been investigated. Secondly, the City Manager stressed that Staff did nothing to orchestrate this or any issues that come before Council. She explained that Staff follows and carries out the wishes of Council, and when Council votes for an ordinance it becomes the law of the City and those laws are followed. Mr.Tucker stated his agreement with the City Manager' s comments, and also feels this has gone on long enough and this is the best solution at this time. It was further noted the City Attorney has been involved in this process as well. Chris Gibson, 249 Brooks Street, expressed her concern that rules are not being enforced and are being changed for further development. The City Manager was asked if Council had ever changed the rules to accommodate developers, and she stated that changes have been made to the Land Development Code over the past 10 years, but the City does not pander to developers because if it did, there would be a lot more development than there is. The CDS Director advised that throughout the City, heights and densities have been lowered and not increased in the years she has been with the City, and the City has become more stringent in regards to view corridors.  155 4/ 26/ 05 AGREEMENT BAY DRI ( PIRATES BAY ASSOCIATION) ( CONll Glenda Glover, 115 Waynell Circle, expressed resentment that a Board member would come before Council and criticize what has been done by staff since Council approves the ordinances and staff follows them, and staff works hard to carry out what Council very approves. The City Attorney responded to the implication that Staff changes the Code to favor developers. She commented it is not uncommon for the City to address applications as presented, and that Council and the Municipal Planning Board probably see 1 out of 15 applications that come forth because most of them are stopped by Staff. Therefore, it is not uncommon that there is a correlation in change in code for an application by an individual. HOUSING AUTHORITY REQUEST Consideration of a request by the Fort Walton Beach Housing Authority to reduce by fifty percent 50%) totaling approximately $6, 667 or waive one hundred percent ( 100%) totaling approximately 13, 332. 62 for the Payment in Lieu of Taxes ( PILOT) due to the City of Fort Walton Beach from the Fort Walton Beach Housing Authority for Fiscal Year Ending June 2004. Gail Sansbury, Executive Director of the Fort Walton Beach Housing Authority, explained that the uncollected rental income significantly impacted the projected rental income that was to b e collected for the 2005 Housing Authority budget. She asked Council to consider a full or one- half of the 2004 PILOT that was recently submitted to the City. Mr. Tucker moved to waive one- half (50%) of the Fiscal Year 2004 PilOT in the amount of 6, 667. 00.Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. HOUSING AUTHORITY APPOINTMENT Consideration of the Mayor's appointment to the Housing Authority Board. Mr. Tucker moved to approve the Mayor' s reappointment of Mae O. Wilcher, 69 Ed Brown Street, Fort Walton Beach, to serve as the tenant commissioner on the Fort