Fort Walton Beach Council agenda — 04-11-06 Regular — reading text

hearing was closed. Mr. Tucker moved to adopt Ord. 1694 on first reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor.  3- 28- 06 Regular Council 150 HEIGHT ORDINANCES The Mayor noted items numbered 11- 16, Ordinances 1696- 1701, amend the definition of building at a time. heights in the C- 1, C- 2, M- 1, M- 2, and MUW- 24 Districts and will be addressed one PUBLIC HEARING - ORD. 1696: AMENDING BUILDING HEIGHT DEFINITIONS The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 12. 20 DEFINITIONS, OF THE LAND DEVELOPMENT CODE, TO AMEND DEFINITION OF BUILDING HEIGHT; PROVIDING FOR REPEAL OF PRIOR PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. the input Missy McKim, CDS Director, showed a power point that went over the history, the process, received from the base, and the assumptions used in the development of the height ordinances. She then went over the amendments to the definitions of building height. The Mayor opened the public hearing. Mike Crew, 25 Beal Parkway, commented Council needs to keep a balance between development and sure they are following jobs and affordable housing. He also commented that Council needs to make the proper procedure for ordinances versus Comprehensive Plan changes or Urban Master Plan because changes. He commented on definitions that the average grade would be difficult quantify to be used. He also questioned the definitions of of irregular lots and suggested that median grade roads, whether it means roads, private roads, city, county, state roads and adjacent government suggested that be fine- tuned. The CDS Director explained the lowest and the highest elevations are used for the actual average is a elevation. She explained any adjacent roadway, whether it is federal, state, county, or local road roadway. if the goal is to Jay Odom, Uptown Station, addressed the issue of measuring height and suggested not violate the base mission that the easiest definition is to tie it to mean sea level. The CDS Director explained heights measured from average mean sea level is not a base the City uses in planning or in the ordinances to measure height. She further explained the number of other issues, in addition to the information provided by the base, that were considered in the height and definitions, such as the architectural standards within the City, neighborhood friendly areas the Vision Plan of maintaining the community as a residential and small town neighborhood planning, community. Mike Crew recommended the City use the mean sea level to measure the height. the mean Bob Lee, Mary Esther resident and business owner in Fort Walton Beach, addressed using sea level to measure height. Dick Gercak, 214 Miracle Strip Parkway, representing the Municipal Planning Board as Vice- Chairman, it and easy to explained the average grade was chosen to measure the height in order to make simple understand. As there was no one further, the public hearing was closed.  Regular Council 3- 28- 06 151 ORD. 1696 ( CO NT) Mr. Minich moved to adopt Ord. 1696, Version C staff recommendation, on first reading. Mr. Hartwell seconded motion. The question was posed on how a parking garage is figured in the height. The CDS Director noted under Version C parking garages are no longer a consideration. She explained the building can be so tall to the ceiling of the height, which can be all parking garage or no parking garage, whatever is inside the building is the building envelope. The City Attorney suggested, for clarification if staff did not object, that the word " roads" on line 49 and 65, be changed to " street" because it is defined to cover the issue of what is a road in the Land Development Code. She noted that can be made as an editorial amendment to the two lines. The Mayor called for the vote on the motion and it carried by a vote of 4 to 3 with Patterson, Pullen, Hartwell, and Minich in favor and Holmes, and Tucker Campbell, opposed. PUBLIC HEARING - ORD. 1697: AMENDING LDC. BUILDING HEIGHT. C- 1 DISTRICT The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING VOLUME IV, LAND DEVELOPMENT CODE, CHAPTER 12.42 COMMERCIAL DISTRICT, C- 1, SECTION 12.421. 03 HEIGHT OF BUILDINGS; PROVIDING FOR REPEAL OF PRIOR PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. The CDS Director explained the ordinance would change the maximum building heights in the C- 1, Limited Commercial District from the current 150' or 15 stories to a maximum of 70'. height The Mayor opened the public hearing. Mike Crew mentioned within the CRA area, the Comprehensive Plan refers to the CRA Master Plan which sets forth height standards for the CRA District. He if the suggested are they changing height standards in the Comprehensive Plan and the CRA Urban Master Plan, they have to be done first, or at least they have to be consistent. He said if they are to make ordinance going that affect changes policy changes, to look at the policies first to make sure they are not doing something contrary to the policies. The CDS Director commented it is set in the Comprehensive Plan as maximum heights and they are not exceeding those maximum heights, so they are consistent. Jay Odom commented that height is a property right afforded to the people who own a piece of property and the heights have been in place for many years. He said the heights were determined by a land use study and sent to the State DCA to be reviewed and approved. He agreed that the Comprehensive Plan would have to be amended in order to change the height limits. Gary Vorbeck, 10065 Highway 98, Destin, distributed pages of the Comprehensive Plan dealing with building heights in specific zoning districts, and stated his feeling that it is incorrect to amend land development regulations without amending the Comprehensive Plan first. Mr. Vorbeck also expressed concern over view corridors and the damage of property rights.  3- 28- 06 Regular Council 152 ORD. 1697 ( CONTI Plan allows the reduction of The City Attorney expressed her legal opinion that the Comprehensive addition to language as it relates to the MUW- 24, height without going through an amendment. In have to be relied upon, language in the Comprehensive Plan states that land development regulations site basis, and that no one not just the Comprehensive Plan, and that each site is seen on a site by Plan is should rely on the language in the Comprehensive Plan. She stated the Comprehensive that the entire context of intended to be a general guideline for future planning and future land use, and the Plan has to be considered, not just a few words or pages. and should be The City Attorney further advised that a review of the Comprehensive Plan is underway would be addressed in the completed in the next year and a half. She stated any inconsistencies the City is being inconsistent by Comprehensive Plan, but the question this evening is whether reducing the heights when they have them set as a maximum in the Comprehensive Plan. as to the status of the ordinances in Jay Odom stated a letter to DCA from the City asking their opinion regards to the Comprehensive Plan would settle the matter. from the DCA, she noted that The City Attorney advised that while Staff could get an advisory opinion that it is s job