Fort Walton Beach Council agenda — 11-14-06 ‎(regular)‎ — reading text

tf) 0) CI r I D' (") 1.0 N T 1 1 r,,; CI n N . 0 SL o SL 3N 3N:J NOS39B'iH s::. l."''''''' .. 0. o ~ ii .. 11\ ~. 6~u ~" i~'" U 1 e ,;$ O:s-" Q )-.!! III o 8 II 1 ~ i~ \~ \.\~~\~ ~SJo\~SJO~ c. " J '" \ D ;;.. it ~ \\~ Q1 @ '6 ~ ' 0; II ii C. III  CITY COUNCIL MEETING November 14, 2006 Regular Agenda Consideration of a request to direct the Municipal Planning Board to study the issues of boat yards/ marinas and provide a recommendation to Council CDS Director) Council Action 1 st 2nd Vote: RG - 11 Agenda Item Number:  CITY OF FORT WALTON BEACH COMMUNITY DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM Date: November 6, 2006 To: Joyce Shanahan, City Manager Through: Missy McKim, CDS Direct~ From: Len Mitchell, Planning Manager ~ Subject: Appeal by Councilman Tucker Re: MPB Case#05- 43- CU- Santa Rosa Sound Complex, LLC Background: On October 5, 2005, applicant Mary Alice Tucker, representing ownership of Santa Rosa Sound Complex LLC, filed a request for a conditional use permit for a Marina on property located at 38 Miracle Strip Parkway SW. The application was found incomplete and a complete application was filed on August 31, 2006 by agent Brian J. Lambert, AlA. Mr. Lambert designed the site plan that accompanied the Conditional Use permit application. At an advertised Public Hearing on October 5, 2006 the Municipal Planning Board heard the request of the applicant and considered the request along with the staff enclosed) and report ( public comments. The Municipal Planning Board voted 6- 0 to approve with conditions the request for a marina ( Fiasco absent). The eleven conditions were agreed to by Mr. Lambert, the applicant' s agent. Mr. Tucker, one-fourth owner of the subject property, objected to the condition that no boat yard activities could occur in the Shoreline Protection Zone, the first 50 feet landward of the mean high water line, as required by the policies of the Comprehensive Plan and the Land Development Code. On November 2, 2006, Mr. Tucker submitted to the CDS Department an appeal of " Conditions Stipulated and made a Requirement of this order"referring to MPB Case 05- 43- CU, and specifically requested to remove that portion of the "Conditions" that states "Nor may any boatyard operations be conducted in the designated SPZ". Discussion: The City's Comprehensive Plan adopted in July 1990. ( a. k. a. The Comprehensive Plan: 2000) was found inconsistent with Chapter 163, F. S. requirements for policies dealing with environmentally sensitive areas such as wetlands and shoreline areas in the Coastal Element. In Management negotiating the Stipulated Settlement Agreement (SSA) with the Florida Department of Community Affairs the City opted to adopt various policies protecting shoreline and wetlands areas by creating shoreline and wetland protection zones. These policies were approved and adopted as part of the SSA and implemented with the adoption of the Land Development Code ( Ordinance 1128, 10-8- 1991). There is hereby created a shoreline protection zone in which special restrictions on development  apply. The shoreline protection zone extends 100 feet landward from the mean high tide. In those areas where 1OD-foot buffer is not achievable due to platting, right-of-way easements, utility easements or access easements existing at the time of the comprehensive plan, the