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

Fort Walton Beach FL 32547 Fort Walton Beach, City Attorney FL 32549-4009 850) 833- 9604  MINUTES OF THE REGULAR MUNICIPAL PLANNING BOARD MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA OCTOBER 5, 2006 INTRODUCTION The Regular Meeting of the Fort Walton Beach Municipal Planning Board was held on Thursday, October 5, 2006, at 5: 00 p. m. in the Council Chambers of Fort Walton Beach City Hall with the following members present Richard Gercak, Vice- Chairman; Glenda Glover (arrived 5: 05 p. m.); Lee McDonald; Charles Scott; Bill Wayne; Janet Wilson Absent: Judith Fiasco, Chairman; Howard Hill, Okaloosa County School Board ( Ex- Officio) Also present: Missy McKim, CDS Director; Len Mitchell, Long- Range Planning Manager; Toni Craig, City Attorney; and Larry Greene, Eglin A.F. B. Mission Encroachment Office( Ex-Officio) CALL TO ORDER/ROLL CALL The meeting was called to order and roll call was taken. The Vice- Chairman welcomed Larry Greene, as the new ex- officio member from Eglin A.F. B. APPROVAL OF MINUTES- AUGUST 3. 2006 Mr. Scott moved to approve the minutes of the regular meeting of September 7, 2006, as corrected. Ms. Wilson seconded motion and it carried unanimously with Gercak, McDonald, Scott, Wayne, and Wilson in favor (Fiasco and Glover absent). CONDITIONAL USE PERMIT - MARINA Consideration of a request for a conditional use permit for a marina. The request is located at 38 Miracle Strip Parkway SW. Requested by Brian J. Lambert, AlA, agent for Santa Rosa Sound Complex, LLC, owner. The City Attorney gave the oath to all individuals who expected to speak on the issues. Mr. Mitchell went over the staff recommended conditions of a Development Order. He reported staff recommended approval of the conditional use permit and the issuance of a Development Order with the conditions specified. He submitted the staff report for the record. The applicant had no objection. Brian Lambert, agent for the owner, stated there was no objection to the conditions of the Development Order. Glenda Glover arrived at 5: 05 p. m. The City Attorney gave the oath to Jim Tucker, 590 L' Ombre Court, NE. Mr. Tucker questioned the reason for the restriction on the use of the property within 50' of the water. He expressed that it seems a little like taking all that square footage of property away from him and that if it is going to be removed as a place where he can perform his normal business, then the tax assessor should not tax him for that piece of property that he cannot use. He commented on the unfairness of taking people' s property and from his perspective if he cannot use it that is the same as taking it. He expressed if he cannot use that property for his business, then he should not be taxed on it and questioned the laws that can take property without just compensation.  Regular MPB meeting 1 0- 5- 06 CONDITIONAL USE PERMIT - MARINA The City Attorney gave the oath to Emil Pagliari, owner of the marina next door at the Crab Shack. Mr. Pagliari explained they are very particular to follow the requirements in place that must be followed in place in the event of a spill, and the protection devices required for the transfer of gas. He expressed his support of Mr. Tucker and the request for a conditional use permit. The CDS Director further explained the conservation element under the Comprehensive Plan states that the City shall continue to provide specific criteria and performance standards which prioritize shoreline uses giving water dependent uses first priority. She went over the permitted uses and noted what is permitted is very limited. She said limiting boat repair is not inconsistent and is in compliance with what is allowed elsewhere in the Shoreline Zone. It was commented there are a number of other locations with boats within 50' of the shoreline, and it was questioned whether there could be a restriction for the use of the 50' to allow boats to be stored. The CDS Director explained those locations are non- conforming uses, but this situation is a new use which needs to be brought into conformance with the current code and the Comprehensive Plan, and it would not be allowed. The City Attorney advised the Board is looking at a Conditional Use Application, which is very particular and slightly outside the zoning categories and uses that are usually permitted in the area. She said to keep in mind that it has to have particular conditions on it to make it suitable and compatible with the other uses in the area. The Chairman opened the public hearing. As there was no one who wished to speak, the public hearing was closed, Ms. Wilson moved to approve the request and issue a Development Order with the conditions specified. Mr. Scott seconded motion. The City Attorney was asked if the Board could add a condition to allow vessels to be stored within the 50' so that waste is not drained in the area. The City Attorney responded the Board approved a Conditional Use a few months ago for property not far from it for Sunrise with the same condition. She noted the condition states that "nor may any boatyard operation be conducted in the designated SPZ" and they could work.on the definition of boatyard but it would take some time to determine what is a major or minor operation. She said the regulation is from the State and the Code states it is to protect 100' but it would be no less than 50' and that is a discretionary measure of staff. Mr. Mitchell further explained that was one of the issues in the 1990 Plan that was considered deficient in the Comprehensive Plan when it was first drafted and remedial changes vvere needed to include language for shoreline protection in order to be found consistent with Florida Statutes. The Chairman called for the vote on the motion and it carried unanimously with Gercak, Glover, McDonald, Scott, Wayne, and Wilson in favor (Fiasco absent). CONDITIONAL USE - AUTOMOTIVE REPAIR AND SERVICE Consideration of a request for a Conditional Use Permit for automotive repair and service. The request is located at 12 Chicago SE. Requested by Dawnn Spurr, agent for Absolute Installation, Inc., owner. Mr. Mitchell reported the applicant requests a continuance on their request for Conditional Use. Staff would like to request continuance of the request to the November meeting. Marina Siting Page 1 of2 Home I Staff I Statutes and Rules I DRI Procedures I Comp Plan Procedures I ORC/ NOI Reports On- Marina Siting What is marina siting? With the passage of Chapter 2002- 296, Laws of Florida, the legislature added Section 380.06(24)(k), F .S., the process for allowing an exemption of marinas from the DRI review process. The law provides that marinas from DRt review if the local government has adopted a boating facility siting plan or policy within its compreher Department of Community Affairs, with assistance from the Department of Environmental Protection (DEP) ~ Fish and Wildlife Conservation Commission (FWC), has prepared a best practices guide Preparino a 80 SitinQ Plan: Best Manaaement Practices for Marina Sitino Guide, to assist local governments in devE facility siting plans. The legislation recognizes that the boating facility siting process has certain advantages over the DRI process. program provides an effective process for evaluating and mitigating the impacts of a proposed marina, it do locational guidance to ensure the site is appropriate and can be pennitted according to local and state laws. Boating Facility Siting Plan, local governments can encourage marina development at appropriate locatio, planning process, while directing marinas away from sites that would adversely impact important resources. The legislation directed the Department to develop guidelines, including model plans, policies and criteria governments with development of their siting plans. In preparing the boating facility guide, the Department interagency work group consisting of DEP and FWC and obtained Input from stakeholders through an info attended by representatives of local governments, state agencies, environmental groups and the marina indust The guide reviews procedures for incorporating the boating facility siting plan into the comprehensive plan siting criteria including criteria for manatee protection, and suggests best practices for developing a siting p also provides model plans including a review of the seven Manatee Protection Plans approved by the FWC, a overview of GIS applications and available data sets that can be used in conducting suitability analyses. Siting marinas can be challenging due to competing objectives that must be reconciled. Local government siting plans provide a framework for analyzing conditions within the community to identify locations that can boating interests while protecting manatees, seagrass beds and other marine resources. An important objectr was to develop a guide that would ensure effective coordination between the site planning process and process. The siting process provides certain advantages for the local government and stakeholders in the proc, Improves PredictabHity: By defining appropriate locations for marinas, local governments can improve the I the permitting process. This will reduce permitting costs and ensure stakeholders have input in the siting proce: Saves Tune: The DRI review process can be lengthy. Through appropriate siting, the need for special , mitigation can be reduced, resulting in a shorter, streamlined permitting process. Avoids Duplication: The DRI review of marinas generally focuses on permit-ting standards and mitigation ree often duplicate the stateMnts permitting programs. The siting plan is a value-added process that can com than duplicate permitting programs. Considers Community Needs: The pennitting process occurs on a case- by- case, ap licantd- riven basis consider the long- term needs of the community. The siting plan provides a process to comprehensively evalua future demands for marinas so that user needs may be met, while minimizing unnecessary impacts on the envi Improves Monitoring: The siting plan provides a process for identifying the factors that impact natural reSOL This process provides a basis for monitoring the impacts of marinas over time and making adjustments to impacts are minimized. The ~ u! de is ~ useful , wh~ther fO~.,~ arin!. sites. !n _ar~as. w~ , signift~,-" t ~ arine resource~ tool.. . pian!1ing http:// www.dca.state.fl.uslfdcp/ dcp/ marinasitinglindex. cfm 10/24/ 2006 Marina Siting Page 2 of2 POPulations or in areas involving less complex conditions. The guide is designed to assist local governments, d community organizations. Citizens also can use the guide to better understand the siting process and how to n participate in the local government planning process. Examples of Marina Siting Plans: Collier County Dade County Duval County Indian River County Martin County, Part 1, Part 2 St. Lucie County If these files will not open for you, place your cursor on the link,