Fort Walton Beach Council agenda — 11-14-2006‎(workshop)‎ — reading text

REVISED - aTY OF FORT WALTON BEACH City Council Workshop Agenda - November 14, 2006 - 5: 30 P.M City Council Chambers 107 Miracle Strip Parkway, SE Fort Walton Beach, FL 32548 CALL TO ORDER PLEDGE OF ALLEGIANCE Mayor Anderson I WORKSHOP AGENDA 1. General Public on items of City business. ( No Backup). 2. Discussion of Boatyards and Marinas in the MUW- 24 and the Shoreline Protection Zone. ( Council Member Jim Tucker) ( See Backup). 3. Discussion on start times for City Council Meetings. ( Council Member Mike Minich) ( See Backup). 4. Discussion of a request by Citizen Jim Murtha concerning the development of Short and Long Rental Ordinances for the City of Fort Walton Beach. ( City Manager) ( See Backup). 5. Discussion of USgS parking lot lease (letter from James J. & Kathryn Tringas Irrevocable Trust) (Finance Director) ( See Backup). ADJOURN at this meeting will need a Any person who decides to appeal any decision made with respect to any matter of the record of the proceedings, and for such purpose may need to ensure that a verbatim record is to be proceedings is made, which record includes the testimony and evidence upon which the appeal based. (FS286. 0105). The City of Fort Walton Beach adheres to the American with Oisabilities Act and will make reasonable modifications for access to this meeting upon request. Please call City Clerk Helen Spencer at 850-833-9509 to make a request. For Hearing Impaireddial the Hall TOO #850-833-9925 or 1- 800-955-8771 ( TOO) or 1- City Requests must be received at least 48 hours in advance of the meeting in order to 800-955-8770 ( Voice). allow the City time to provide requested service.  CITY COUNCIL WORKSHOP November 14, 2006 Workshop Agenda Discussion of Boatyards and Marinas in the MUW- 24 and the Shoreline Protection Zone Council Member Tucker) Agenda Item Number: WA- 2  kJ~ 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. I." 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." Thank/ In~ l ~ Yr~/ L--- 1- bo-~<'--'" t;~~:'::~.~.,:.._;;:........~~.~ _~ "..,.; RECEIVED NOV 6 2006 BY: c- f.' ~. '~". . t U~ Ub u"t: ~ 01"' v ~ III . __...._. Cc: 2J-- I a- p Subject: Staff Recommendation to Municipal PlAnning Board Oct 6.,2006 Refer, e casec, 05-43- CV a I f J To City Manager 7? J 1. City Staff recommended to Chainnan 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 SOC 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. Howevert 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 buildine or imperious surfaces be sited in the 50ft wide SPZ. That is fully understood by me. However StafIthen states nor may any boatyard operations be conducted in the SPZ". That single statement takcsaway 5000 plus Sq :ft of my boatyards usable space. Not doing " boatyard work" in a boatyard is like not fanning on a fannt 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 " takingt' is to reduce pollution. If that truly 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 tenibly wrong in the use of the SPZ to take away the use of private property by declaring a ' NO use area. Jim Tucker  CITY OF FORT WALTON BEACH COMMUNITY DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM Date: October 26, 2006 To: Joyce Shanahan, City Manager Through: Missy McKim, CDS Directo~ From: Len M~cheJl, Planning Manager ~ Subject: Councilman Tucker's Inquiry on Staff Recommendation to Municipal Planning Board Re: MPB Case#05- 43- CU- Santa Rosa Sound Complex, LLC This Memorandum provides some background and information regarding the Staff Report on the Request by Santa Rosa Sound Complex, LLC who was represented by Brian J. Lambert, AlA, the Architect who designed the site plan that accompanied the Conditional Use permit application for a marina. The Municipal Planning Board heard the subject application on October 5, 2006. The staff report and the minutes of the meeting are enclosed for 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 ofthe 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