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

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 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 10D-foot buffer is not achievable due to platting, right-of-way easements, utility easements or access easements existing at the time of the comprehensive pian, 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 Comprehensive Plan developed in August 2000 redesignated the subject property as Mixed- Use 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 encourage water-dependent uses and activities that are compatible with the multifamily residential component of the neighborhood". Marinas, including marina offices, retail facilities, sales, rentals and 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 oenerallv not comDatible with the other land uses oermitted in a zonina distri~ however, with indMdual review and control of their site location. desian. confiauration of buildinos and structures. intensity and density of use. and the imoosition of conditions oortinent thereto in order to ensure the aDDroDriateness of the use at a Darticular location. mav be oormitted in the zollino district as a conditional use. The desionation of a use as a conditional use in a zonino district does not constitute an authorization of such use or an assurance that such use will be aDDroved under the land develoDment code ( LDC): rather. each DroDosed conditional use shall be evaluated bv CDS staff and the municiDal Dlannina board for comDliance with the standards and conditions set forth in this subdMsion and all aDDlicable local. state and federal reoulations. 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 a requirement of the Land Development Code which was listed as a condition for emphasis as 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 time, avoid duplication, consider community needs and improve monitoring. Marina Siting Plans have been developed in Collier County, Dade County, Duval County, and Indian River County. It is envisioned that a study would be required by outside consultants to develop Marina Siting Plan and then the plan provisions would be incorporated into the Comprehensive Plan. Recommendations the might be forthcoming as to areas which could best support marina( s) locations and still protect sensitive waterfront areas. The existence of The Boat Marina and the recently approved Sunrise Marina as well as the subject property could become the core of a delightful Marina area with the end result that Miracle Strip Parkway may become "Marina Way". 2. Comprehensive Plan Amendment The City Council, Municipal Planning Board, Staff, or any citizen may request to amend the Comprehensive Plan. The City Council may direct the Municipal Planning Board to undertake a study to determine if there is a need for a Future Land Use designation in the Future Land Use Element and amend the Comprehensive Plan accordingly. Then a marina zoning district would be required to be created to implement such a designation and ultimately appropriate lands rezoned to that designation. In order to resolve Mr. Tucker's concern the marina district would have to allow some more intense use in the SPZ or exempt marinas from the SPZ. The Plan Amendment could be accomplished within the context of the Evaluation and Appraisal Report process which is required to 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)  CITY OF FORT WALTON BEACH COMMUNITY DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM Date: November 6, 2006 0 f 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 Backaround: On October 5, 2005, applicant Mary Alice Tucker, representing ownership of Santa Rosa Sound located at 38 Complex LLC, filed a request for a conditional use permit for a Marina on property 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 report ( enclosed) and 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 to the condition that no boat agent. Mr. Tucker, one- fourth owner of the objected subject property, 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 be requested to remove that portion of the "Conditions" that states "Nor may any boatyard operations 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 Management Element. In 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 anNIS where 1 OD-foot buffer is not achievable due to platting, right-of-way easements, easements utility or access easements existing at the time of the comprehensive plan, the maximum width up to 100 feet,that ;s 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 Comprehensive Plan developed in August 2000 redesignated the subject property as Mixed- Use 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