Fort Walton Beach Council agenda — 10-28-08 regular agenda — reading text

the library without proper notification. The Community Services Director explained City Council scheduled a special meeting that same night in the Council Chambers after the CRA meeting had been scheduled and the agendas had gone out so the CRA meeting was moved to the library as is done in such situations when there is a conflict. She said it was posted on both doors that the meeting had been moved but there was no time to provide any other notification. The Mayor explained City Council decided there was a need for a Special meeting because of a situation with a very short turnaround. He apologized for the signs being taken down but it was posted there was a CRA meeting and the meeting did take place. He did not believe the change in location was a violation of the Sunshine law. He noted it was posted on the doors and that has been done before when there have been l, conflicts. The City Manager said she understood the CRA meeting did have some visitors at the meeting so some people did see the notice on the change in location. The City Attorney was asked jf it was a violation of the Sunshine by changing the location. The City Attorney stated it is not the change of the location but the lack of notice, if there was no notice, but no one knows when the notice was taken down or when it was posted. She said it is an error if there is no notice and a meeting is moved.  J! I.,-\ SU1( tC ~ ouncll 10- 14- 08 21 O- J - 1763: AMEND FLUM FOR WILDWOOD BLVD. FROM MDR TO MUCC OR>>. The City Attorney read tbe ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR TIlE PROPERTY LOCATED ON WILDWOOD BOULEVARD, AND BEING LOTS 1- 17, OF THE ~ DWOOD PARK SUBDIVISION IN FORT WALTON BEACH~ FLORIDA, FROM NIDR MEDIUM DENSITY RESIDENTIAL TO MUCC MIXED USE COMMUNITY COM}JIERCIAL; PROVIDING AUTHORITY AND FINDINGS OF FACT; AND SETTING AN EFFECTIVE DATE. r The City Attorney noted the ordinance is before City Council on a motion to rescind the vote on Ordinance 1763 taken on September 9, 2008 and to deliberate again the application upon second reading. Dr. Pullen moved to rescind the vote on Ordinance 1763, taken on September 9, 2008, and to deliberate again the application upon second reading. Mr. Minich seconded motion and it carried by a vote of 4 to 2 with Holmes, Reeves, Pullen, and Minich in favor and Garvie' and Hartwell opposed Miller absent). The City Attorney gave the oath to everyone who expected to speak. Al Qualls, 209 Harris Road) passed out a copy of a memo from the CDS Department dated September 15, 2008 signed by Samantha Abell and a copy of the actual plat of the Wildwood Subdivision. He said he has owned the for over 25 years and went over the history of the land designations of his property since property it was annexed into the City in 1967 and designated on the Future Land Use Map as Commercial and zoned C- 2 General Commercial District He expressed he did not discover his property had been redesignated until he attended a at the meeting of the Public Works Director to discuss closing a portion of a road where request he owns property. He said he discovered part of his property had been zoned light industrial originally and those lots and part was zoned commercial and pointed out the original plat recorded has commercial only for said that is of the restrictive covenants of the plat that was recorded, and the City cannot change that. He part said he did not ask nor did he know that in 2000 his property had been redesignated as Mixed Use Residential. He noted the memo states the zoning or re-zoning must be adopted in accordance with the Plan but there was never any move by the City to change the zoning. He said the zoning on that property today iSI still commercial and he would never have agreed to rezone the property. He stated his dilemma is that if he wanted to build medium density residential he cannot do it because his property is still zoned commercial, and he cannot build anything commercial because the plan in place in 2000 states mixed-use residential. He said he has property that is useless because the City did not follow through with their responsibility to rezone the property a& r the use was redesignated. He said all he wants is for his property put back the way it was. He stated his other parcel is zoned light industrial and the plan redesignated it as heavy industrial, wbi~h he back the recently rezoned. He said all he is asking from Council is to straighten out his property and put it way it was designated on the original plat. Council received confirmation from Mr. Qualls that the amendment is to mixed-use conununity commercial. Samantha Abell, Senior Planner, went over the Findings of Fact that the request does meet the criteria for a small scale amendment, reported the Municipal Planning Board recommended approval~ and submitted th~ staff report into the record. She went over the land use history, stated that general commercial is in conflict c with the Future Land Use Map and clarified there is no heavy industrial designation. She explained the MUCC designation is not intended to be a regional draw for heavy commercial and is intended to be small scale commercial with it mix of 12 residential dwelling units per acre; and the Comprehensive Plan estabHshes that it is an acceptable buffer between single family and more intensive uses. Sbe said staff is confident the MUCC designation would allow the owner some commercial use of his land and also allow the potential for residential use. The question was asked on the procedure followed when evaluating the land use for an area. Ms. Abell explained for a small scale amendment they post the property, advertise, and in this case staff also met with the neighborhood and mailed notice to property owners.  10- 14- 08 Regular Council 22 ORD. 1763 cont. It was questioned how the residents would be impacted by the request and whether they would incur any cost for paving Wildwood. Ms. Abell explained the applicant will have to have an environmental site assessment done for the property and depending on the assessment, win also have to provide a stonnwater management plan and a traffic analysis, and the applicant will have to address concurrency. She said whatever improvements are made to the road would be assessed during a concurrency detennination, that the applicant would need to provide a transportation analysis for concurrency and adjacent property owners along the undeveloped Wildwood Avenue could potentially be assessed. It was questioned what kind of comments were received from the neighborhood, and what the Municipal Planning Board recommended. Ms. Abell replied the comments from the neighborhood were mainly dissatisfaction with the applicant for not meeting with residents. She said the Municipal Planning Board was unanimous on the mixed use designation. She mentioned she had a citizen information list and if anyone speaks she will need their name. The Mayor opened the public hearing. Barry Gray submitted a letter on behalf of the community in response to the ordinance and the community would like to keep it the way it is now. It was confirmed that if the applicant were to develop the property that he would have to satisfy the stormwater requirements. Ms. Abell mentioned based on the meeting with the Sylvania Heights the City would neighborhood that they did not want it to move forward with the changes and were hoping wait until next year when the Comprehensive Plan is revised. Helen Richardson, 730 Butler Road, expressed they want their neighborhood to stay residential and not get saturated with commercial, and they would like to see better drainage in the area. The City Attorney gave the oath to Debbie Riley Broadnax. Debbie Riley Broadnax, speaking on behalf of the Burnett Hollywood Center, described the efforts to improve the neighborhood and expressed they do not want commercial property mixed in with residential property. his Al Qualls stated he had no desire to do anything detrimental to the neighborhood and is only asking to put He said he did out there would be first class according to code. property back the way it was. anything As there was no one further from the public who wished to speak the public hearing was closed. Dr. Pullen moved to adopt Ord. 1763 on second reading. Mr. Minich seconded motion. and Discussion included a cordial exchange of views on the impact to the neighborhood with those in favor those against the change from medium density residential to mixed use community commercial. Tbe Mayor called for the vote on the motion and it carried by a vote of 4 to 2 with Holmes, Reeves, Pullen, and Minich in favor and Garvie and Hartwell opposed (Miller absent). lC PUBLIC HEARING - OR>>. 1762: SOUNDSIDE PUD The City Attorney read the ordinance by title. 13. 39+/-- AN ORDINANCE OF TIm CITY OF FORT WALTON BEACH, FLORIDA REGARDING A FORT ACRE PARCEL IN THE VICINITY OF CARSON DRIVE AND METIIODIST AVENUE, BEACH, FLORIDA; AUIHORIZING CURRENT PLAT TO BE VACATED BY WALTON SIDE CONCURRENT RESOLUTION; REZONING THE SUBJECT PROPERTY TO THE SOUND PLANNED UNIT DEVELOPMENT DISTRICT; APPROVING THE PLAT OF SOUND SIDE; A APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND ORDER FOR SOUND SIDE, I PLANNED UNIT DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. I I J  Regular Council