Fort Walton Beach Council agenda — 01-26-2010 Regular — reading text

(V - 0 E EN r 4: N toto 2iid, RL6 3 4) " o 1) 4) tv ( 1) me Wca c c pc O O UU Q~ N V CL CL Q ZQ 7Q Qw¢ Q QiQi CIOCIO a.a. e.e. P4P4 cncn 65-65- THIS PAGE IS LEFT INTENTIONALLY BLANK 66-  CITY COUNCIL MEETING January 26, 2010 Ordinance - Second Reading Ordinance 1794 Land Development Code Amendment Synopsis: Amendment will permit the sale and rental of motorsport vehicles in the Mixed Use Main Street ( MUMS) District, as a Conditional Use. MPB unanimously recommended approval at their December 16, 2009 Special Meeting Agenda Item Number: 7• 1  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Mearns, City Manager From: Samantha D. Abell, Senior Planner Through: Michael D. Beedie, P.E., City Engineer Date: January 4, 2010 Subject: Consideration of Ordinance No. 1794 to Amend the Mixed -Use Main Street MUMS) District to Permit Motorsports Rentals and Sales as a Conditional Use 1. BACKGROUND: 1. 1. The City has received an application from Brian Stuckey, manager and authorized agent of Fort Walton Beach Motorsports, LLC, requesting to amend the City' s Land Development Code ( LDC) by amending the commercial allowable uses to include Motorsports Rentals and Sales" and amending the glossary of terms to provide for a definition. The request is not site specific except as it applies to the entire Mixed -Use Main Street (MUMS) District. 1. 1. 1. Amendments to the LDC may be initiated by City Council, the Municipal Planning Board ( MPB), City staff, or by a citizen. The process requires that the MPB review and vote on a recommendation to City Council on the proposed amending ordinance. 1. 1. 2. After due public notice, the City Council shall hold a public hearing after the first reading of the ordinance amending the LDC. The City Council may consider approval after a public hearing based on the application and the relevant support materials, testimony at the public hearing, the MPB recommendation, and the Staff Report. The City Council may then adopt the ordinance after second reading. 1. 2. The applicant submitted the required $ 925. 00 application fee and deposit on November 6, 2009. 2. DISCUSSION: 2. 1. The applicant desires to locate a commercial business for Motorsports Rentals and Sales within the City' s MUMS District. In order to consider specific plans for development, the City must allow, at least as a conditional use, Motorsports Rentals and Sales, a use presently prohibited in the MUMS District. 67-  2. 2. The application requests that Section 20. 1 in Volume V of the LDC, titled Definitions, be amended to add a new term to read: 2. 2. 1. Motorsports Rentals and Sales: An establishment where personal mobility crafts may be purchased or rented for short -term use. Personal mobility crafts include scooters, bicycles, personal watercraft, and all- terrain vehicles. The term does not include a recreational motorsports facility, or the lease and sales of automobiles, boats, and recreational vehicles as defined in Section 320.01( 1)( b) of the Florida Statutes. 2. 3. In addition, the applicant requests that Table 15 -2, titled Allowed Land Uses and Permit Requirements for Mixed Use Zones, be amended to include " Motorsports Rentals and Sales" as a Conditional Use in the MUMS District. 2.4. Staff has drafted Ordinance No. 1794, which has been reviewed by the City Attorney for legal form and sufficiency. The attached Staff Report, dated November 18, 2009, provided to, the Municipal Planning Board (MPB) includes an analysis of the request as it relates to compatibility within the MUMS District. The MPB Staff Report also provides a Zoning and Land Use History regarding vehicular sales and automobile sales within the MUMS District. 2.4. 1. There are no zoning districts in which " Motorsports Rentals and Sales" are a permitted principal use within the City. The use is currently agglomerated in the classification " Auto and Vehicle Sales" which is not permitted in any mixed use zoning district. Therefore, in a tourism -oriented multimodal district, the rental and sales of personal mobility vehicles including jet skis, motor scooters, and motorcycles are not presently permitted. 2.4.2. Disassociating personal motor vehicles from the larger, more intense automobile classification within the MUMS District provides further transportation choices and opportunities for tourists in the Downtown area. 2.4.3. It is accepted zoning practice to include Motorsports Rentals and Sales in mixed use urban core areas which encourage pedestrian linkages, tourism and multirodal transit. However, special consideration must be given to ensure the commercial and vehicular intensities are compatible with the district. If permitted, Motorsports Rentals and Sales should only be allowed as a conditional use to ensure the use is consistent with the goals, objectives and policies of the Comprehensive Plan, ensure the conditional use is consistent with the character of the immediate vicinity of the land proposed for development, and designed so that it is consistent with the harmonious development of the zoning district in which it is proposed. 68-  3. MUNICIPAL PLANNING BOARD RECOMMENDATION: 3. 1. On December 16, 2009, the Municipal Planning Board held a special meeting to consider the request, including the application and Staff' s report and analysis. There was public input at the meeting from the applicant and members of the Downtown Merchants. No opposition to the request was heard. 3. 2. The MPB recommended unanimously ( 7 =0) that City Council approve the request. The MPB finds that changes to the MUMS District in Ordinance No. 1794 are sufficient to allow the proposed use classification —Motorsports Rentals and Sales— while providing reasonable standards as safeguards against potential land use incompatibility issues. 4. STAFF RECOMMENDATION: 4. 1. Staff finds that the request to amend the Land Development Code ( LDC) via Ordinance No. 1794 by allowing " Motorsports Rentals and Sales" in the Mixed -Use Main Street MUMS) District as a conditional use is consistent with the policies of the Comprehensive Plan and provides reasonable standards as safeguards against potential land use incompatibility issues. 4. 2. Based on the analysis within the Staff Report to the Municipal Planning Board ( MPB), dated November 18, 2009, end in consideration of the MPB' s unanimous recommendation to approve the request to amend the LDC, Staff recommends that City Council approve Ordinance No. 1794 to amend the Land Development Code to permit. Motorsports Rentals and Sales as a Conditional Use within the MUMS District. 5. ATTACHMENTS: 5. 1. Ordinance No. 1794 5. 2. Municipal Planning Board Special Meeting Minutes, dated December 16, 2009 5. 3. Staff Report to Municipal Planning Board w/ Backup, dated November 18, 2009 5. 4. Applicant' s Application i 6. SIGNATURE BLOCK: 6. 1. Submitted By: Samantha D. Abell, Senior Planner 6.2. Reviewed and Concur: a ichael D. 4oedit P.E., City Engineer 6. 3. Reviewed for Agenda: " A... ao W ; z e pea o Roe T. Mearns Ci anager 69-  Page 1 of 1 Samantha Abell From: Toni Craig [ton i@tonicraig.info] Sent: Tuesday, December 08, 2009 12: 45 PM To: Samantha Abell Subject: ordl794 atty final 2 This version of Ord 1794 is sufficient. Thank you. Toni L. Craig Attorney at law Fla Bar No 115444 Board Certiftd, City, County, Local Government Law PO Box 2917 Fort Walton Beach FL 32549 850) 243 -6969 Fax: ( 850) 244 -8929 www.tonlcralg.,1nfo Marital & Family Law Local Government Law CONFIDENTIALITY NOTICE: This email Is intended only for the use of the addressee. If you received this email In error, please notify me Immediately, delete the email from your computer and do not copy or disclose it to anyone else. Ifyou are not an existing client of Toni L. Craig, Attorney at Law, do not construe anything in this email as legal advice or to make you a client. Do not disclose anything to me In any reply that you expect to be kept confidential. Ifyou are a client, you should keep the contents of this email confidential to preserve the attorney -client or work product privilege. f 12/ 9/ 2009