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

L~... f"""..-"' f.' t U::: S Ub U-,.; J. ot' V A. III . ....._..._. cc: 2/- 1 a-p Subject: Staff Recommendation to Municipal Planning Board Oct 6~ 006 Refer" ec~ c::> 05-43- C" ' i I 0 To City Manager 1. City Staff recommended to Chairman and Members of the MPB on Sept 27 2006 '~ that eleven conditions be applied to the Conditional use permit for Santa Rosa N Sound Complex. The MPB Board approved staffs recommendation. 2. As a minority owner of sac and a lessor of this property I strongly object to paragraph 3 page 3 of staff's recommendation. 3. The currently existing building is 25 years old and has been battered.by 5 hurricanes and numerous tropical storms. The southern most 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's using the Shoreline Protection Zone legislation as a method to restrict the use of private property in a way that is contrary in my opinion to the intent of the law. Staff states in Sun King Office lot conditional use study that no additional building or imperious surfaces be sited in the 50ft wide SPZ. That is fully understood by me. However Staff then states nor may any boatyard operations be conducted in the SPZ". That single statement takes away 5000 plus Sq ft of my boatyards usable space. Not doing " boatyard work" in a boatyard is like not farming on a fann~not selling cars on a car lot,or not providing religion from a church. 4. It is common knowledge in the marine industry that boatyards are a dying industry. The State of FL last year past legislation giving grants to boatyards hit by hunicane and condo developers. My portion of that grant is $ 145000.00. The taking of Five thousand sq ft of usable boatyard makes little sense. I am told by staff the most cogent explanation for this " taking" is to reduce pollution. If that 1ruly is the reason then cite the polluters. If I am one then cite me. Don' t take my boatyard property! I will gladly discuss this issue with you and Staff. I am adamant in my opinion that Staff is terribly wrong in the use of the SPZ to take away the use of private property by declaring a ' NO use area. Jim Tucker  MUNICtPAl PLANN.tNG BOARD OCTOBER 5, 2006 MEETING AGENDA ITEM IH..A. MPB CASE#05-43-CU CONSIDERATION OF A REQUEST FOR A CONmTtONAl USE PERMIT FOR A MARfNA.THE REQUEST IS LOCATED-AT 38 MIRACLE STRIP PARKWAY SW. REQUESTED BY BRIAN J'. lAMBERT. AGENT FOR SANTA ROSA SOUND COMPLEX. LtC. OWNER..CDS ( STAFF)SEE ( BACKUP) I  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM DATE: September 27, 2006 TO: Chairman and Members Municipal Planning Board ( MPB) THROUGH: Missy McKim, CDS Director FROM: Len Mitchell, Planning Manager ~ SUBJECT: Conditional Use Permit for a Marina- Requested by Brian J. Lambert, Agent for Santa Rosa Sound Complex, L. L. C., owner. (MPB Case #05- 43- CU) ISSUE: Conditional Use Permit for Marina at 38 Miracle Strip Parkway SW. Requested by Brian J. Lambert, Agent for Santa Rosa SoLind Complex, L. L. C., owner BACKGROUND: The present Comprehensive Plan Future Land Use Maps ( FLUM) were adopted by the City in August 2000. The FLUM designated the area where the request is located MUW-24, Mixed- use Waterfront-24. Conditional uses may be approved by the Municipal Planning Board ( MPB), approved with conditions or disapproved after consideration at a public hearing. The public participation process requires that the proposed amendment be considered by the MPB at a public hearing after posting the request site, legal notice placed in the newspaper and notices mailed to affected property owners within 300 feel All of the public participation requirements for this request have been accomplished within the timeframes prescribed by the Land Development Code. The following are the review criteria for a conditional use permit for which the Municipal Planning Board may issue upon making findings regarding the application as toe whether and the extent to which the criteria are met: a. The conditional use is consistent with the goals, objectives and policies of the Comprehensive Plan and Neighborhood Plan, if one exists for the area in which the property is located; b. The conditional use is consistent with the character of the immediate vicinity of the land proposed for development, and designed so that it is consistent with the  harmonious development of the zoning district in which it is proposed; c. The design of the proposed condi . tional use will minimize any detrimental effects on neighboring properties, relative to the following design features: 1) Architectural design of the structures. 2) Open space and view corridors. 3) Fencing and screening. 4) Noise reduction. 5) Sign and light control. 6) Landscaping. 7) Storm drainage. 8) Sanitation collection. 9) Police and fire protection. 10) On and off-site traffic control. 11) Off-street parking and loading. 12) Other matters relevant to assuring that the proposed development si~e fosters desirable conditions and compatibility with the existing environment d. The proposed conditional use will have no adverse effect on the health, safety, morals, general welfare of permitted uses located in the same or adjacent zoning district as the proposed conditional use; e. There areadequate public facilities and services available to serve the development proposed pursuant to the Concurrency Management System Element of the Comprehensive Plan; f. The proposed conditional use will not require signage or exterior lighting that will cause glare or will adversely impact area traffic safety; g. There is adequate ingress and egress to the proposed conditional use, and it is designed so as to minimize the curb cuts thereby reducing traffic congestion on the city' s roads; h. There is adequate provision for traffic movement, both vehicular and pedestrian internally and externally; i.The proposed conditional use is consistent with the requirements of the LOC and all applicable local, state and federal regulations; j. The structures and uses associated with the conditional use complies with all additional standards imposed on it by the comprehensive plan authorizing such use and all other applicable requirements of the LOC; and k. Any other conditions as may be stipulated and made a requirement in granting any application for a conditional use, when it is considered necessary to further the intent to protect the health, safety and general welfare including but not limited to 1) limitation on the hours of business operation and 2) limitation on the number of occupants at anyone time. DISCUSSION: Page 2 Staff has prepared a Conditional Use Technical Report which includes the application and the applicant's narrative responses and exhibits including a site plan entitled " Sun King Office Lot Conditional Use Study". Through the conditional use process the Municipal Planning Board may approve applications for conditional use if the use is found to be appropriate based on the criteria specified in the Land Development Code. The Board may also place conditions on the proposed use If it feels the conditions are necessary to accomplish the purpose of the comprehensive plan and the LDC to prevent or minimize any adverse effects the request may have upon the public and the neighborhood. The applicant has provided narrative supporting the application including notice that The Boat Marina, lying east of the request site, will lease the property and operate the proposed marina. The applicant noted that there are 39 existing wet slips on the submerged part of the request site. Staff has no concerns regarding land use compatibility with adjacent land uses since The Boat Marina lies to the east and a transient lodging facility lies to the west The request site is one of few sites in the City where a marinas operation would be considered appropriate. Marinas are only permitted by conditional use in the MUW-24 District because there are commercial and residential uses permitted as principal uses in the district. The applicant plans to demolish all of the existing 2- story office building except the 1, 344 s.f. nearest to US 98/ Miracle Strip Parkway. That portion will be renovated and used as storage, electrical and water supply and restrooms. Five parking spaces have been provided for that building including a handicapped accessible space. Staff recommends the following Conditions be applied to the Development Order: 1) The Site Plan "Sun King Office Lot Conditional Use Study" E ( xhibit 3) shall be the approved plan for the development of the conditional use subject to review and approval by the Community Redevelopment Agency and City Council. 2) The approved marina use includes all uses specified in the term " marina" as currently defined in Section 12. 20. Volume IV, LDC. 3) In no case may any additional buildings or impervious surfaces be sited on the minimum 50 feet wide Shoreline Protection Zone (SPZ) shown on the "Sun King Office Lot Conditional Use Study"nor may any " boatyard operations" be conducted in the designated SPZ. 4) The applicant shall submit a Landscape Plan meeting the requirements of Section 12.460. 12, Volume IV. LDC, and consistent with the approved Site Plan referenced in Condition 3 above, prior to issuance of a building permit. 5) The subject property shall be subject to