Fort Walton Beach Council agenda — 10-14-03 regular Council agenda — reading text

relief from the 207 Variance shall mean a grant of this which permits construction in a 208 requirements chapter 209 manner otherwise prohibited by this article where specific 210 enforcement would result in unnecessary hardship. HI 112 213 40f5  ORD 1571.Draft 100603 214 SECTION III. REPEAL OF PRIOR PROVISIONS. 15 in conflict herewith, 16 In the any ordinance or parts of ordinances event are 217 the provisions of this Ordinance shall prevail. 218 219 SECTION IV. SEVERABILITY. 220 221 of this ordinance, or portion thereof, Should any section or provlslon any of jurisdiction to be invalid, such 222 be declared by a court competent 223 decision shall not affect the remainder, as a whole or whole or any part 224 hereof, other than that part declared to be invalid 225 226 SECTION V. EFFECTIVE DATE. 227 228 This Ordinance shall take effect immediately upon approval by the City 229 Council and signature of the Mayor. 230 231 232 ADOPTED: 233 234 235 236 MAYOR: 237 438 239 Attest: 240 41 L42 243 HELEN SPENCER, CITY CLERK 244 245 Approved as to form and legal 246 sufficiency. 247 248 249 250 251 Toni L. Craig, City Attorney. 252 253 254 New language is underlined. 255 Deleted language is otruckthrough. 256 5of5  TONI L CRAIG PAGE 01/ 01 10/ 06/ 2003 17: 17 8502448929 fTcmi ; Z ~~ ~ Q9{ r; 9! fV1' iAaIA ~~ E: 408 1 e 1 MARY IESTHER BLVO., : su,.... MARY ESTHER, FL Sil!69 EL.EPHONE: ( 850} 24~Ha744 FACSIMILE: ( 850) 8929 244:- 09 CIELL.; ( 880) 582. t!~ EMAIL.: ATTYC~ COM G@.A.~ I.. Memorandum of Advice Date: 6-Oct- 03 To: Zoning & Building Division From: City Attorney Re: Ordinance 1571 ORD Advisory Opinion 03-05 Issue: me for review. You have presented Ordinance 1571 t<!> Advice: The revised ordinance, as presented in your 10/ 6/ 2003, 1: 00 pm email. is hereby approved as to form and legal sufficiency.  MINUTES OF J..I.1E MUNICIPAL PLANNING BOARlJ OF THE CITY OF FORT WALTON BEACH, FLORIDA OCTOBER 2, 2003 INTRODUCTION A Meeting of the Fort Walton Beach Municipal Planning Board was held on Thursdav. October 2. 2003. at 5: 00 p.m. in the Council Chambers of Fort Walton Beach City HaIl with the following members present: Brian Lambert (arrived at Wilbur Hugli, Chairman; Grace Brown, Vice Chairman; John Bobel, Adam Cohn, Richard Gercak, 5: 04 p.m.) and Bill Wayne Councilman; Tom Also present: Len Mitchell, Long-Range Planning Manager; Toni Craig, City Attorney; Wayne Pullen, Rice, Emerald Coast Bridge Authority CALL TO ORDER The Chairman ca1led the meeting of the Municipal Planning Board to order at 5: 00 p.m APPROVAL OF MINUTES and if carried Mr. Bobel moved to approve the minutes of September 11, 2003. Mr. Gercak seconded the motion in Lambert absent). unanimously with Bobel,Brown, Cohn, Gercak,HugH, and Wayne favor ( UNFINISHED BUSL TES BAY CONSIDERATION OF AN ESSENT - OUT AGREEME PIItATES BAY DEVELOPMENT OF REGIONAL IMPACT. THE LOCATION OF THE P EVELOPMENT OF REGIONAL IMPACT IS 214- 220 MIRACLE STRIP PARKWAY SW. Y MARINA VISTA. Mr. VlSed the item has been continued at the request of the attorney for the applicant NEW BUSINESS-ORD. 1571. FLOOD DAMAGE PROTECTION UPDATE The Chairman read the ordinan,ce by title only. FOR CONSIDERATION OF AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING CODE, ARTICLE V. FLOOD DAMAGE AUTHORITY; AMENDING CHAPTER 20. LAND DEVELOPMENT DEFINITIONS" BY PREVENTION, DMSION 1. GENERALLY, BY AMENDING SECTION 20- 1301, ENTITLED " FLOOR"; PROVIDING FOR REPEAL OF PRIOR PROVISIONS; PROVIDING A DEFINITION FOR " LOWEST PROVIDING SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. for a definition for the term" lowest floor" Missy McKim, CDS Director, explained this amendment to the Code is to provide floor that exempts garages from the lowest floor elevation definition; therefore the first habitable floor ends up being the lowest for flood prevention. The Chairman opened the public hearing. As there was no one who wished to speak, the public hearing was closed. seconded motion and if carried Mrs. Brown moved to forward Ord. 1571 to City Council for their approval. Mr. Gercak in unanimously with Robel, Brown, Cohn, Gercak, Hugl~ Lambert, and Wayne favor. VISION UPDATE Mrs. Brown announced the Visl Ian Summit was successful, and discussion will beg! updating the Vision Plan. BRIDGE DISCUSSION ~~../ Tom Rice of the Emerald Coast Bridge Authority report~! J. Jhe"-and the upcoming plans of the authority. Mr. Rice advised various public meetings will be held in the next few ~ tnSto ~ e citizens an opportunity to make recommendations. He andtbat.a new bridge would have a minimum height of 65 discussed such topics as twmels in lieu o~ d:ge; toll bridges; feet. ____ ~'" Mr. Rice gave an inter . g history of the always present need for a solution to the ~~~ on problem, and advised that idee!about where to place bridge a ill the future. ~ nothing has i< ]!! D to CITY COUNCIL MEETING October 14, 2003 1" First Reading of Ordinance 1558 Amending the Land Development Code, regarding the sidewalk requirement sidewalks, that have become outdated since the addition of new zoning districts to the LDC Agenda Item No. - PH 4  CITY OF FORT WALTON BEACH COMMUNITY DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM Date: September 17, 2003 To: Joyce Shanahan, Interim City Manager Through: Missy McKim, CDS Direc~ From: Len Mitchell, Planning Manager Lffy1)../ SUBJECT: Ordinance 1558-Amending Land Development Code Regarding Sidewalk Requirement for Development and Redevelopment BACKGROUND: There are provisions in Section 20- 755, Land Development Code ( LDC), regarding the outdated due to requirement for development to provide sidewalks that have become the addition of new zoning districts to the LDC. In order that the LDC be kept current staff has drafted an ordinance that would amend Section 20- 755, LDC, to update it to include sidewalk requirements for all multifamily, mixed use, commercial, industrial and public lands districts. The draft amendment presented in Ordinance 1558 provides sidewalk requirements by zoning district for development and redevelopment in the City in all areas other than single family residential. The City Attorney' s Office had provided recommendations for several changes to the the form of the ordinance which CDS staff made prior to placing the ordinance before Municipal Planning Board ( MPB). The process for adoption of an ordinance amending the Land Development Code a recommendation requires that the MPB consider the amending ordinance and forward to City Council. The ordinance may be adopted after two readings at