Fort Walton Beach Resolution — 96-25-Amendment of DRI for Pirates Bay — reading text

written approval from the Florida Department of DEP and from the U. S. Army Corps of Engineers; 2) The CDS Director shall determine whether or not the application complies with city regulations and shall report such findings to the applicant and the City Council; and 3) The City Council shall determine, by a majority vote, whether or not to approve or disapprove the application. B. Section 20- 1429, Land Development Code( LDC): 1) The Shoreline Protection Zone( SPZ) is an environmentally sensitive zone which extends by definition 100 feet landward from mean high tide. In the case of platted lots which existed prior to the designation of the SPZ in 1991 that zone may be as little as 50 feet. c 2) The SPZ generally allows no development activity to take place. Certain limited types of land use activities are allowed to take place which are determined to have insignificant adverse effect". 3) Section 20- l430( b) ( 3), LDC, provides that walkways, piers, and docks elevated on pilings have insignificant adverse effects( IAE) in a SPZ. A bulkhead/ seawall is not listed as a IAE in an SPZ. 4) Section 20- 1430( c) ( l)b., LDC. lists new rip rap or similar structures not exceeding 50 feet of shoreline ( not including seawalls, bulkheads or the like). 5) Chapter 380. 06, Florida Statutes, provide, however, that local government development orders shall provide that an approved DRI shall not be subject to down zoning, unit density reduction, or intensity reduction, unless the local government can demonstrate that substantial changes in conditions approval of the underlying the development order have occurred the development order was based on or substantially inaccurate information provided by the developer or that the change is clearly established by the local government to be essential to the public health, safety t....... and welfare. Summary of Additional Requirements of the City Code:  10 Page Pirates' Bay 0 o Nov. 1, 1996 o 1) City The applicant Council. must secure approval for the bulkheads from 2) In addition, a determination must be made that the Development Order, approved in 1985 and extended in 1995, is exempt from the limitations of the Shoreline Protection Zone( SPZ) in that its provisions effectively reduces the intensity of development allowed by the DO. S. FINDINGS: Staff analysis indicates that the following findings should be made by the Municipal Planning Board in reference to the application: 1. The proposed project comprises two( 2) bulkheads a total of 462 feet in length with 50 feet long returns and serves to provide erosion protection from the waters of Santa Rosa Sound. Erosion currently threatens to cause an additional loss of shoreline material in addition to that loss which occurred during Hurricane Opal. 2. The project is insignificant in a regional context, defined the by Statutes as affecting more than one county. 3. No natural, historic or archaeological will be resources negatively impacted by the proposed project. c 4. Adequate review of the project for environmental concerns, including conditions of approval which require protection of existing sea grasses during construction, has been made by the Florida Department of Environmental Protection. 5. The Shoreline Protection Zone is not in effect on the Pirates' Bay site due to the provisions of the Development Order of the Pirates' Bay DRI in the form of Resolution 85- 10 and subsequent amendments. 6. The above constitutes clear and convincing evidence that the proposed project as an Amendment to a Previously Approved Development of Regional Impact( DRI) is not a substantial deviation. RBCOMMBRDATION: Staff recommends that the draft resolution which amends the Pirates' Bay DRI Development Order to permit 462 feet of bulkhead construction with returns not to exceed 50 feet each, be recommended for approval and transmitted to City Council for final action. PREPARED BY: L. B. MITCHELL( 11- 1- 96) Attachment: Figure 9. from Pirates' Bay DRI/ ADA c  o 0 City of Fort Walton Beach ADler/ ca's Most BeauUIuJ Beacbes 107 Miracle Strip Parkway SW . P.O. Box 4009 . Fort Walton A~' Beach,FL 32549 904) 243- 3141 . Fax (904) 664-2816 Y'.~t: Office of the City Clerk November 27, 1996 Mr. Thomas H. Carter Pirates' Bay Community Association 214 Miracle Strip Parkway, SW Fort Walton Beach, FL 32548 Dear Mr. Carter: The City Council of Fort Walton Beach adopted the enclosed Resolution 96- 25 on November 26, 1996. The Resolution amends a Development Order which was issued pursuant to Chapter 380, Florida statutes, by Resolution 85- 10 of the City of Fort Walton Beach adopted on March 12, 1985. Copies have been sent to the Florida Department of Community Affairs in Tallahassee and the DRI Coordinator at the West Florida Regional Planning Council in Pensacola. Sincerely, 4J~ Di e D. MacDonald Deputy City Clerk Enc. lve 96- 25/ RES  C 0 City of Fort Walton Beach ADler/ ca's Most BeautJluJ Beaches tv 11' 107 Miracle Strip Parkway SW . P.O. Box 4009 . Fort Walton Beach, FL 32549 t\ ~ I ' f.'>, 904) 243-3141 . Fax (904) 664-2816 v~' /' . Office of the City Clerk November 27, 1996 Terry Joseph, DRI Coordinator West Florida Regional Planning Council PO Box 486 Pensacola, FL 32593- 0486 Dear Ms. Joseph: The City Council of Fort Walton Beach adopted the enclosed Resolution 96- 25 on November 26, 1996. The Resolution amends a Development Order which was issued pursuant to Chapter 380, Florida statutes, by Resolution 85- 10 of the City of Fort Walton Beach adopted on March 12, 1985. Copies have been sent to Thomas Carter of Pirates Bay Co~ unity Association and the Florida Department of Community Affairs in Tallahassee. Sincerely, C2~; L7~ /. MacDonald Deputy City Clerk Enc. lve 96- 25/ RES  CO City of Fort Walton Beach Amerlcas' Most Beautiful Beaches 107 Miracle Strip Parkway SW · P.O. Box 4009 . Fort Walton Beach,FL 32549 904) 243- 3141 . Fax (904) 664-2816 uV ;