Fort Walton Beach Council minutes — 02-22-05 regular minutes — reading text

lodging facilities and the requirements for off-street parking for each use, to include a of local transient lodging survey facilities, and to submit a recommendation to the Board at the December MPB meeting. 104 2/ 22/ 05 ORD. 1624 ( CONT) This was done and in December the MPB directed Staff to draft the ordinances for the Board' s consideration. The CDS Director informed that at the February MPB meeting, the Board recommended approval of all the ordinances except Ord. 1609, and recommended that it be amended with an off-street parking requirement of two per unit plus any accessory uses, and that the required two parking spaces for transient not be changed. The CDS Director reported that the MPB and Staff do not recommend the same requirements for parking. The Mayor opened the public hearing. Janet Wilson, MPB member, advised Council that she drove by several motel parking lots late on aSaturday night and found them to be almost full, yet learned through one of the owners that the hotel was at 650/ 0 capacity. She also stated Brooks Street and downtown was busy, and that the Planning Board is adamant in having two parking spaces. The City Attorney requested that, since several ordinances will be discussed, that discussion be for the ordinance up for discussion, and that any comment for Ord. 1609 be discussed at the appropriate time. The Mayor closed the public hearing. Mr. Tucker moved to adopt Ord. 1624 on first reading. Dr. Pullen seconded motion. Discussion included the importance of providing flexibility for the different types of uses for the different facilities. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Covey, and Anderson in favor. ORD. 1625- AMEND LDC REGARDING C- 1. DELETING CERTAIN TRANSIENT LODGING USES The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FINDINGS OF FACT; AMENDING SECTION 20- 546, REGARDING C- 1 LIMITED COMMERCIAL DISTRICT, TO DELETE APARTMENT HOTELS, GUEST COTTAGES, HOTELS AND MOTELS, BOARDING, LODGING AND GUEST HOUSES AND TOURIST HOMES; REPEALING CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Dr. Pullen moved to adopt Ord. 1625 on first reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Covey, and Anderson in favor. ORD. 1628- AMEND LDC. DEFINITION OF TRANSIENT LODGING FACILITIES ( MUW- 18) The City Attorney read the ordinance by title only.  105 2/ 22/ 05 ORD. 1628 ( CONT) AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AUTHORITY; PROVIDING FINDINGS OF FACT; PROVIDING FOR AMENDING SECTION 20- 694, REGARDING THE REDEVELOPMENT PROJECT AREA, MUW- 18 MIXED- USE WATERFRONT TO AMEND THE DEFINITION OF DISTRICT, TRANSIENT LODGING FACILITY AND ADD MIXED- RESORT AS A PERMITTED USE; REPEALING USE CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Patterson moved to adopt Ord. 1628 on first reading. Mr. Anderson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Anderson in favor. Covey, and ORD. 1629- AMEND LDC. DEFINITION OF TRANSIENT LODGING FACILITIES ( MUW- 24) The City Attorney read the ordinance title by only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; AMENDING SECTION 20- 696, REGARDING THE REDEVELOPMENT PROJECT AREA, MUW- 24 MIXED- USE WATERFRONT DISTRICT, TO AMEND THE DEFINITION OF TRANSIENT LODGING FACILITY AND ADD MIXED- USE RESORT AS A PERMITTED USE; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Anderson moved to adopt Ord. 1629 on first reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Anderson in favor. Covey, and ORD. 1609- AMEND LDC. ADDING DESIGNATION OF MIXED- USE RESORT AND AMENDING PARKING FOR TRANSIENT LODGING The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 20- 787, REGARDING NUMBER OF PARKING SPACES REQUIRED, TO INCLUDE THE TABLE AT 20- 787; ADDING REQUIREMENTS FOR MIXED- USE RESORT; AMENDING REQUIREMENTS FOR TRANSIENT LODGING FACILITIES; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. Pravin Chauhan, local hotel owner and operator, stated the occupancy rate at his hotel about 60% throughout the averages year, and he has never experienced a his properties. His opinion is that one shortage of parking spaces on parking space per unit plus one parking space for every three employees is a reasonable requirement. Craig Tingle, attorney representing Pirate' s Bay Homeowner' s Association, discussed the recommendations by both City Staff and the Planning Board, the independent study done by a member of the MPB, and that having two spaces per unit for transient lodging is not good for business. Mr. Tingle asked Council to consider Staff's recommendation since professionals and have the knowledge needed for they are the making these types of decisions, and have the documentation to support their view. 106 2/ 22/ 05 ORD. 1609 ( CONT) Upon questioning, Mr. Tingle reiterated that he represents Pirate' s Bay Homeowners' Association and it is his opinion they would be effected by this ordinance. When the discussion turned to the issue of the DRI, the City Attorney advised that issue will be coming before the MPB and Council in the next several months and should not be discussed at this time. Chris Gibson, 249 Brooks Street, stated she foresees problems with parking in the residential _ areas where condos/ transient lodging may occur. The CDS Director advised transient lodging is not permitted in residential areas. Janet Wilson, MPB member, stated her intentions for checking the capacity of the parking lots was ~ to ensure the Planning Board was the making correct decision and was not being dictated by developers. She informed it was never her intention to bring any kind of evidence before anyone. Tom Osborne, owner at Pirate' s Bay, stated there has been no problems with parking spaces since 1986. Karen Gercak, owner at Pirate' s Bay, advised there are times when parking is at capacity, sometimes filling into the Olive Garden parking lot. Charlotte Hoover, Miramar Management which manages Pirate' s Bay, stated sometimes parking does flow into Olive Garden, but the businesses have shared parking so there isn' t a problem. As there was no one else who wished to speak, the public hearing was closed. Mr. Tucker asked that the title of the Municipal Planning Board' s recommendation be read by title. The City Attorney read the Municipal Planning Board' s recommended title of Ord. 1609. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 20- 787, REGARDING NUMBER OF PARKING SPACES REQUIRED, TO INCLUDE THE TABLE AT 20- 787; ADDING REQUIREMENTS FOR MIXED- USE RESORT; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY' AND PROVIDING AN EFFECTIVE DATE. Mr. Tucker was of the opinion that the MPB is comprised of concerned citizens with the City' s interest in mind, and their recommendation should be considered. Mr.Tucker moved to adopt the Municipal Planning Board' s recommendation of Ord. 1609, on first reading. Dr. Pullen seconded motion. Discussion included the fact the City should not get into the