Fort Walton Beach Council agenda — 09-09-08 regular agenda — reading text

hearing. As there was none, the public hearing was closed. Mr. Minich moved to approve the Site Plan and Development Order for Sullivan Condominiums with the condition that the condominium homeowner' s documents shall be reviewed and approved by the City Attorney prior to the issuance of a Certificate of Occupancy. Dr. Pullen seconded motion and it carried unanimously with Holmes, Garvie, Pullen, Hartwell, and Minich in favor (Miller and Reeves absent). ORD. 1763, AMEND COMP PLAN FUTURE LAND USE MAP, WILDWOOD BLVD. The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR THE PROPERTY LOCATED ON WILDWOOD BOULEVARD, AND BEING LOTS 1 - 17, OF THE WILDWOOD PARK SUBDIVISION IN FORT WALTON BEACH, FLORIDA, FROM MDR MEDIUM DENSITY RESIDENTIAL TO MUCC MIXED USE COMMUNITY COMMERCIAL; PROVIDING AUTHORITY AND FINDINGS OF FACT; AND SETTING AN EFFECTIVE DATE. The City Attorney announced a quasi-judicial proceeding and gave the oath to those who planned to testify. Ms. Abell explained the request for a small scale map amendment to the Future Land Use Map FLUM) of the Comprehensive Plan to develop office space with a possible residential component and that the Mixed Use Community Commercial ( MUCC) standards will .assure that uses are compatible through buffering or other planning techniques. Discussion included the plan to cul -de -sac Wildwood Blvd and Butler Road to add a buffer between the residential and commercial neighborhoods. The Staff Report was entered into the record. The Mayor opened the public hearing. Helen Richardson, 730 Butler Road, stated she was unaware of the plans to cul -de -sac Butler Road and that this would lower the value of the homes in the area if there is a commercial use behind the residential area. 252 Regular Council 8/ 26/ 08 ORD. 1763 ( CONT) Leonard Butler, 740 Butler Road, received an explanation of the Mixed Use Community Commercial District. As there was no one else who wished to speak, the public hearing was closed. Mr. Minich moved to adopt Ord. 1763 on first reading. Mr. Holmes seconded motion and it carried by a vote of 4 to 1 with Holmes, Garvie, Pullen, and Minich in favor and Hartwell opposed (Miller and Reeves absent). LEGISLATIVE AGENDA —ORD. 1757, PUBLIC SCHOOL FACILITY ELEMENT The City Attorney read the ordinance by title and advised this ordinance is continued from the August 12, 2008 Council meeting. AN ORDINANCE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING OF THE DIRECTIONS — THE COMPREHENSIVE PLAN OF THE CITY OF FORT WALTON BEACH: 2008, PURSUANT TO CHAPTER 163 OF THE FLORIDA STATUTES; PROVIDING FOR AUTHORITY; PROVIDING FOR ADOPTION OF THE PUBLIC SCHOOL FACILITIES ELELMENT; AMENDING THE CAPITAL IMPROVEMENT ELEMENT TO ACCOMMODATE NEW PUBLIC SCHOOL FACILITIES ELEMENT; AMENDING INTERGOVERNMENTAL COORDINATION ELEMENT TO ACCOMMODATE NEW PUBLIC SCHOOL FACILITIES ELEMENT; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Ms. Abell reviewed the timeframe for adoption of Ord. 1757 and advised that Staff has accepted the DCA recommendation to reference the County School Board' s Public School Facilities Work Plan and that has been added to the ordinance. The Mayor opened the public hearing. Dr. Bill Smith, Director of Facilities Planning, Okaloosa County School Board and Niceville councilperson, explained that Niceville was the first city to be reviewed by DCA and that the other cities were able to plan their ordinances based on Niceville' s experience. Mr. Garvie moved to adopt Ord. 1757 on second reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Garvie, Pullen, Hartwell and Minich in favor Miller and Reeves absent). PUBLIC HEARING AGENDA —ORD. 1756, ADOPTION OF LAND DEVELOPMENT CODE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA RELATING TO ADOPTION OF THE 2008 LAND DEVELOPMENT CODE AS VOLUME IV OF THE CODE OF ORDINANCES; SPECIFICALLY AMENDING CHAPTER 12. 10, DESIGNATION AND GENERAL, OF THE CURRENT LAND DEVELOPMENT CODE; AMENDING ALL OTHER SECTIONS OF CHAPTER 12, LAND DEVELOPMENT CODE, AS SET FORTH IN THIS ORDINANCE AND THE ATTACHED DRAFT LAND DEVELOPMENT CODE; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; AND SETTING AN EFFECTIVE DATE. It was noted this ordinance was voted on previously but had to be brought back due to lack of a majority vote the first time it was discussed in June.  253 Regular Council 8/ 26/ 08 ORD. 1756 ( CONT) Missy McKim, CDS Director, advised that the Land Development Code ( LDC) is a living document that will need to be reviewed and updated constantly and discussed the major changes to the LDC. These changes as recommended by the MPB at their February 21, 2008 meeting include the deletion of Sec. 13. 805, Penalties or Remedies; Sec. 16. 101. 5 Accessory Apartment; Sec. 16. 104, Bed and Breakfast; Sec. 16. 118, Permanently Installed Generators; and Sec. 16. 2000, Parking of Recreational Vehicles. Ms. McKim advised Sec. 16. 101. 6 Accessory Uses, will be deleted, and that Sec. 16. 300, Inoperable or Derelict Vehicles, is being challenged by Ray Seip and no changes have been made in the LDC regarding this section. Discussion ensued regarding enforcement of the provision for accessory apartments, that the standards for permanently installed generators have been deleted, and whether the membership of the DRC Committee should be listed. Ms. McKim clarified that once City Council approves the ordinance, the recommended changes will be incorporated into the LDC. Further discussion included discrepancies in heights for one -story accessory buildings in residential areas. The CDS Director advised the heights should be ten feet and she will check for further discrepancies and make any changes. The Mayor opened the public hearing. Ray Seip, 121 Nebraska Avenue, discussed the issue of the requirement for a current license tag on an inoperable or derelict vehicle and feels it should be removed because a person is allowed to turn in their tags if their vehicle is inoperable. Mr. Seip also discussed the responsibilities of code enforcement officers. Mr. Seip asked that Council adopt the LDC with the conditions that all the corrections are made and verified by Council and the MPB. As there was no one else who wished to speak, the public hearing was closed. Dr. Pullen moved to adopt Ord, on first reading, incorporating the 1756, changes recommended by the Municipal Planning Board. Mr. Minich seconded motion. Dr. Pullen discussed the 10 -foot height of one story buildings in that it would not be high enough for parking of RV's, etc. Dr. Pullen amended his motion to state the height of one -story accessory buildings be 14 feet. Mr. Minich seconded motion. Ms. McKim explained that roof pitches are desirable and that changing the height could result in flat roofs, and she advised that the MPB could revisit that and bring it back to Council for further study. The Mayor called for the vote on the amendment and it failed by a vote of 2 to 3 with Garvie and Pullen in favor and Holmes, Hartwell, and Minich opposed ( Miller and Reeves absent). The Mayor called for the vote on the motion to adopt Ord. 1756, on first reading, incorporating the changes recommended by the MPB and it carried unanimously with Holmes, Garvie, Pullen, Hartwell, and Minich in favor (Miller and Reeves absent). 254 Regular Council 8/ 26/ 08 RECESS The meeting recessed at 9: 00 p. m. RECONVENE The meeting reconvened at 9: 15 p. m. ORD. 1768, STORMWATER MANAGEMENT UTILITY The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; ADDING A NEW CHAPTER 10. 521 ENTITLED " STORMWATER MANAGEMENT UTILITY" TO THE CODE OF ORDINANCES; MAKING FINDINGS OF FACT AND PURPOSE; AUTHORIZING A STORMWATER MANAGEMENT PROGRAM; ESTABLISHING REGULATIONS FOR CONTRIBUTIONS OF STORMWATER RUNOFF; AUTHORIZING ESTABLISHMENT OF STORMWATER UTILITY USER FEES AND COLLECTIONS; AUTHORIZING CERTAIN PROPERTY OWNERS TO REFUSE SERVICE; AUTHORIZING ESTABLISHMENT OF CERTAIN CREDITS FOR MITIGATION; PROVIDING FOR PENALTIES; RESOLVING CONFLICTING PROVISIONS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. John Hofstad, Utilities Director, advised the resolution to establish the rate will be brought before Council later this evening. Mr. Hofstad also advised that this fee will apply to every property City -wide. The Mayor opened the public hearing. Neil Arnott, 93 Don Drive, spoke in favor of the ordinance stressing the need for keeping our waters clean, and that he lives at Don' s Bayou and the water is not fit for swimming anymore. As there was no one else who wished to speak, the public hearing was closed. Mr. Minich moved to adopt Ord. 1768 on second reading. Mr. Garvie seconded motion. Dr. Pullen stated he agrees with the need for a stormwater utility, but at this time the citizens do not need another tax; therefore, he will not support the ordinance. The Mayor called for the vote on the motion and it carried by a vote of 4 to 1 with Holmes, Garvie, Hartwell, and Minich in favor and Pullen opposed (Miller and Reeves absent). ORD. 1769. 28 METHODIST AVENUE SE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AUTHORIZING THE TRANSFER OF THE REAL PROPERTY PLATTED AS A PUBLIC PARK AND SITUATED AT METHODIST AVENUE, SE, FORT WALTON BEACH, FLORIDA; PROVIDING CITY 28 COUNCIL AUTHORITY AND APPROVAL OF THE TRANSFER OF THE PROPERTY TO THE FORT WALTON BEACH HOUSING AUTHORITY; AUTHORIZING AND DIRECTING CLOSING BY THE MAYOR AND CITY CLERK; AND PROVIDING AN EFFECTIVE DATE. Ms. McKim advised there are no changes since first reading, and requested that the ordinance not be signed by the Mayor until after the Future Land Use Map ( FLUM) change from Recreation to Medium Density Residential is made, and the expected date on that is October 14. The reason for this is that because the property is under City ownership, the City Council agreed to be a co- applicant on the FLUM change and rather than revise the application it is easier to not sign the ordinance until after the change is made to the FLUM.  255 Regular Council