Fort Walton Beach Council agenda — 08-23-05 — reading text

title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY OF FORTWALTON BEACH LOCATED AT 121 GIRARD AVENUE NW; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM R- 1E ( ESTATE SINGLE- FAMILY RESIDENTIAL) DISTRICT TO R- 1A (SINGLE- FAMILY DWELLING) DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. to The City Attorney announced a quasi-judicial proceeding and swore in individuals who planned testify. The Mayor opened the public hearing. As there was none, the public hearing was closed. to Kate Nixon with Choctaw Engineering, representing the applicant, advised there was no objection the Staff Report. The Staff Report was entered and accepted into the record. Mr. Campbell moved to adopt Ord. 1637 on second reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor.  8/ 9/ 05 227 PUBLIC HEARING. ORD. 1639: REZONE PROPERTY AT 47-49 CARSON DRIVE The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF CERTAIN PROPERTYWITHIN THE CITY OF FORTWAL TON BEACH LOCATED AT 47-49 CARSON DRIVE NE; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM R- NC ( RESIDENTIAL- NEIGHBORHOOD COMMERCIAL) DISTRICT TO C- 2 ( GENERAL COMMERCIAL) DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney announced a quasi-judicial proceeding and reported the applicant was not present. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Patterson moved to adopt Ord. 1639 on second reading. Dr. Pullen seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING - ORD. 1658: LOAN TO PURCHASE SOFTBALL FIELDS/ FAIRGROUNDS The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AUTHORIZING THE NEGOTIATIONS OF A LOAN IN AN AGGREGATE AMOUNT NOT TO EXCEED $ 2, 100, 000 FOR THE PURCHASE OF 42. 57 ACRES OF LAND CONSISTING OF SOFTBALL FIELDS/ FAIRGROUNDS WITH IMPROVEMENTS AND PARKING AREA; FROM THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE FORM OF AND THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT; APPROVING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT; PROVIDING CERTAIN OTHER MATIERS IN CONNECTION WITH THE MAKING OF SUCH LOAN; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Tucker moved to adopt Ord. 1658 on first reading. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. REGULAR AGENDA - UPDATE FROM EDC- IMPACT OF BRAC ON EGLIN AIR FORCE BASE Larry Sassano, Executive Director of the Economic Development Council, reported on the status of the Base Realignment and Closure Commission ( BRAC) and the impact on Eglin Air Force Base and its military fields of Duke and Hurlburt. He explained the BRAC process, Eglin' s gains and losses, as well as losses by Hurlburt; and the action the EDC will take as a result of any base realignment. This was for informational purposes only; no action was taken by Council. UPDATE ON HEIGHT DATA- EGLIN AIR FORCE BASE Brian Brown, Eglin Air Force Base Encroachment Office, reported on the analysis of tall structures on the mission of Eglin Air Force Base. He explained the analysis is in no way a recommendation to the City to incorporate any of the findings presented; rather, their response to the City's request the study be conducted. 228 8/ 9/ 05 UPDATE ON HEIGHT DATA ( CONTI the Mr. Brown explained the acceptable structure height is 130 feet Above Mean Sea Level on value decreases to 80 feet at the western city limit, and that these eastern side of the city, and the Air Force Base. heights would not cause any major negative mission impacts for Eglin Council received clarification that the 75-foot avigation easement on Okaloosa Island for military operations does not apply to any development in the City. The City Manager explained this information was presented last week to the MPB. She advised that Staff will get together with Eglin and develop a map that includes the zoning and topography of the City, and return to the MPB within 60 days with recommendations based on the information received from Eglin. and Dr. Pullen questioned whether legally an ordinance can be adopted within the 60- day time frame, if any projects can be put on hold that may interfere with Eglin' s mission. The City Attorney said the for the City is to have City is in the work in progress and that has not changed and the best avenue Staff review and bring it back before the MPB. She further stated Staff is reviewing plans on an individual bases and are advised the issue of height is being addressed by the City. applicants RESOLUTION 05- 16: ARTS AND DESIGN SOCIETYIWATER CISTERN The Mayor read the resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; SUPPORTING THE ARTS AND DESIGN SOCIETY' S EFFORTS TO TRANSFORM THE FORMER WATER CISTERN INTO AN INTERESTING AND EXCITING MUSEUM AND EXHIBIT SPACE; AND PROVIDING FOR AN EFFECTIVE DATE. James Thoreen, 33 Anastasia Drive, representing the Arts and Design Society, requested Council consider adoption of the resolution. Mr. Hartwell moved to adopt Res. 05- 16. Mr. Minich seconded motion and it carried in favor. unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich SITE PLAN APPROV Al- KilLINGSWORTH PEST CONTROL Consideration of a request for site plan approval by Killingsworth Pest Control located at 3 Chestnut Avenue SE, for the construction of a 5, 197 square foot commercial building that will consist of 2, 805 on two lots that they own sq uare feet of office space and 2, 141 sq uare feet of garage/ storage space adjacent to the existing business at 3 Chestnut Avenue SE. to The City Attorney announced a quasi-judicial proceeding and swore in individuals who planned testify . the fact the MPB has Peggy Fowler, Planner II, reviewed conditions of the Staff Report, including approved the use of "pest control services" as a conditional use, and that the applicant has agreed to the conditions listed. The Staff Report was entered and accepted into the record. There was no input from the public on this item. Dr. Pullen advised he attended the CRA and MPB meetings when this item was discussed; Mr. Holmes advised he attended the MPB meeting when it was discussed.  8/ 9/ 05 229 SITE PLAN APPROVAL- KILLINGSWORTH ( CONTI Mr. Holmes moved to approve the site plan for Killingsworth Pest Control Office, located at 3 Chestnut Avenue SE, subject to the following conditions: Note: This recommendation is based upon the application and site plan developed by Gulf Coast Engineering, Inc. (project 05- KPC dated 5/ 27/ 05) and the architectural and drawings elevations developed by Michael R. Spencer Architect ( project #05- KPC dated 5/27/ 05, revised 6/ 27/ 05 and 7/ 18/ 05). 1. Prior to issuance of a building permit: a. The location of a screened dumpster must be identified on the site plan. b. The Site Data Table shall be revised as follows: 1) " Total Site Area" should read " 17, 000 square feet:' 2) " Maximum Impervious Surface Coverage" should read " 75% of 17, 000 square feet= 12, 750 square feet. c. In order to meet the perimeter landscaping requirements Chestnut Avenue SE, along the applicant must be granted City Council approval pursuant to Section 20- 1838 of the LDC that allows for a reduction of the 10' perimeter area to a 5' perimeter area, as long as there is at least ten feet between the property line and the street, which is applicable in this case. The location of the plantings needs to be approved through review of the required landscape and irrigation plan and a right-of-way maintenance agreement must be executed between the applicant and the City. d. A landscape plan