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

information. The eleven conditions were agreed to by Mr. Lambert, the applicant' s agent. Mr. Tucker, a minority 25%) 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. 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 Management Element. In negotiating the Stipulated Settlement Agreement (SSA) with the Florida Department of Community Affairs the City opted to 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 of the Land Development Code ( Ordinance 1128, 10-8- adoption 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 1 OO-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 maximum width up to 10 feet, that is achievable shall be included in the shoreline protection zone; however in no case shall the shoreline protection zone be less than 50 feet. These shoreline protection policies were continued through the current Comprehensive Plan: Directions The Comprehensive Plan of the City of Fort Walton Beach: 200B. The current as Mixed- Use Comprehensive Plan developed in August 2000 redesignated the subject property Waterfront ( MUW)-24 a new land use designation which permits both commercial and multifamily residential development. The MUW land use designation was implemented by a new zoning district MUW-24 which allows such permitted uses that " create a mixed- use waterfront district with a compatible mixture of commercial and multifamily family residential development" and which with the multifamily residential encourage water-dependent uses and activities that are compatible component of the Marinas, neighborhood". marina offices, retail facilities, sales, rentals and including watercraft repairs are only permitted as a conditional use. 12.94 Conditional Uses 12.94.01 Purpose. Conditional uses are those uses which have unusual site development features or unique operating characteristics requiring special consideration so that they may be located, designed, and operated compatibly with uses on surrounding properties. Conditional uses are aenerallv not comDatible with the other land uses oermitted in a zonina district, however, with indMdual review and control of their site location. desian. confiauration of buildinas and structures. intensitvand density of use. and the imDosition of conditions oertinent thereto in order to ensure the aDorooriateness of the use at a oarticular location. may be oermitted in the zohina district as a conditional use. The desianation of a use as a conditional use in a zonina district does not constitute an authorization of such use or an assurance that such use will be aDoroved under the land develooment code ( LDC): rather. each Drooosed conditional use shall be evaluated bv CDS staff and the municioal Dlanninc board for comoliance with the standards and conditions set forth in this subdMsion and all aoolicable local. state and federal reaulations. The impact to the then developed properties along the shoreline was negligible as there was no change to the land use. All new development and re- development along the shoreline of the City have been required since 1991 to observe the 50 feet wide shoreline protection zone which limits the use of the zone to those activities which are presumed to have an insignificant adverse effect. Mr. Tucker stated in his note to the City Manager that "The southern portion of this building will be razed before years end. The parking lot and building foot print was to continue as a boatyard work area. However, Staff using the Shoreline Protection Zone legislation as method to restrict the use of private pr~perty... ". Comment: A boatyard (marina use) was not authorized until a conditional use permit was approved. Staff does not pick and choose which regulations to impose. The condition is B which listed condition for emphasis as requirement of the Land Development Code was as a one of the performance standards of a marina as a conditional use. Altematives: 1. Marina Siting The development of marinas ( or boatyards) has been constrained since 1973 by requirements for marinas larger than 99 slips to proceed for approval through the onerous Development of Regional Impact ( DRI) process. State and Regional agencies, especially those related to resource protection activities, were notoriously hard on DRI marina applications through the mid- 1980's. While thresholds for DRI review have been somewhat relaxed, there are still issues regarding use of waterfront areas. The State has initiated and encouraged local governments to develop a Marina Siting Plan 380.06(24)( k), F. S., which if developed and approved will allow an exemption of marinas from DRI review. Stated advantages to a marina siting plan are providing an effective process for evaluating and mitigating the impacts of a proposed marina. The plans are stated to improve predictability, save consider needs and improve monitoring. Marina Siting Plans have time, avoid duplication, community been developed in Collier County, Dade County, Duval County, and Indian River County. Plan It is envisioned that a study would be required by outside consultants to develop Marina Siting the would be incorporated into the Comprehensive Plan. Recommendations and then plan provisions and still protect the might be forthcoming as to areas which could best support marina( s) locations sensitive waterfront areas. The existence of The Boat Marina and the recently approved Sunrise the could become the core of a delightful Marina area with the end Marina as well as subject property result that Miracle Strip Parkway may become " Marina Way". 2. Comprehensive Plan Amendment amend the The City Council, Municipal Planning Board, Staff, or any citizen may request to Comprehensive Plan. The City Council may direct the Municipal Planning Board to undertake study a to determine if there is a need for a Future Land Use designation in the Future Land Use Element to and amend the Comprehensive Plan accordingly. Then a marina zoning district would be required such and ultimately appropriate lands rezoned to that be created to implement a designation allow some designation. In order to resolve Mr. Tucker's concern the marina district would have to more intense use in the SPZ marinas from the SPZ. The Plan Amendment could be or exempt which is required to accomplished within the context of the Evaluation and Appraisal Report process be submitted to DCA in May 2008. 3. Research/ Survey how other communities, especially in Florida are dealing with the issue of Marinas/ Boatyards. Enclosures: September 27, 2006 Staff Report to MPB w/enclosures Minutes of October 5, 2006 meeting. Marina Siting ( DCA website)  11- 2- 2006 Subject: Appeal of "Conditions Stipulated and made a Requirement of this order" referring MPB case 05-43- CU. To Community Development Services of Fort Walton Beach Art: Len Mitchell Long Range Plan Manager. 1."Conditions Stipulated and made a requirement of this order" dated Oct 5, 2006 to" Sun King Office Lot conditional use Study" is received and understood except for paragraph 3) which states in part" Nor may any boatyard operations be conducted in the designated SPZ." 2. As both an owner and lessee of this boatyard property I object to having 5000 Sq Ft of this property removed from my usage, in my opinion, the improper interpretation of the SPZ legislation. The building that currently exist will be razed Nov 20, 2006 and is in Violation of the SPZ. My decision to remove this SPZ Violation is resulting in my loss of 5000 Sq Ft of my useable property. I am asking Staff to take necessary steps to allow me to continue to use my property as a boatyard. 3. This City, County and State recognize the importance of Marinas and boatyards in water recreation. The State of Florida has given me a $ 145, 000 grant stipulating that I continue to use this property for only a boatyard / Marinas for 5 years. 4. Most simply stated my request is, remove that portion of the " Conditions" that states " Nor may any boatyard operations be conducted in the designated SPZ." TharfK/ y,',~/~ YJ" ker t; u..,-,,,.~.. -' , i..,_;;;;;'",,' ." _~'.. ,;.. ... __ ~ " , j,.: RECEIVED NOV 6 2006 BY: