Fort Walton Beach Council agenda — 11-23-2010 Regular — reading text

Planning Board and the City Council for public review and input as the code is being prepared. The consultant will also assist during the adoption process through attending hearings for recommendation and adoption of the code. During workshops and hearings, support will include presentations as requested and availability to answer questions. PROPOSED PROJECT SCHEDULE Tasks 1, 101 2011 1 2012 FBI 1. Project initiation 2. Prepare outline and table of contents 3. A. First drafts of each chapter: Zoning (and assistance with map) Development standards Procedures First draft remaining chapters B. City review of chapters C. Revised chapters 4. Workshops and hearings* Nine trips are shown, however, the trip schedule will be modified to meet City needs. BUDGET Total FY 2010- 11 FY 2011- 12 Fee $ 119, 000-00 $ 103, 300. 00 15, 700. 00 Travel and travel-related expenses based on ten trips) 6, 000. 00 4, 200. 00 1, 800. 00 TOTAL $ 125, 000. 00 $ 107, 500. 00 17. 0. 0 Additional trips beyond ten, as budgeted, are $ 3, 300. 00 per trip, including fee and expenses. Page 1 2  THE C O M P A N Y June 7, 2010 VIA ELECTRONIC MAIL Robert Mearns, City Manager City of Fort Walton Beach 107 Miracle Strip Parkway SW Fort Walton Beach, Florida 32548 -6614 Re: Evaluation Diagnosis of the Fort Walton Beach Land and Development Code Dear Mr. Mearns: The following is a summary of findings and recommendations resulting from our analysis of the Fort Walton Beach Land Development Code. A. Introduction The City's Land Development Code ( " LDC ") is the centerpiece of programs and processes to implement the City's Comprehensive Plan ( "Plan "). A fundamental requirement of the LDC is consistency of the regulations with the Plan. Over time, the Plan is amended and State requirements change. In order for the LDC to accurately implement the provisions of the Plan and to achieve the type of development that the City desires, it is necessary to review and evaluate the LDC from time to time. The City of Fort Walton Beach has numerous documents that are intended to provide plans and regulations for land use within the City. These include: the Community Redevelopment Agency Plan (" CRA Plan "), the Urban Master Plan UM Plan "), and the Vision Plan. We have reviewed these documents, as well as the Plan and the LDC. Further, the City is currently in the process of amending the Plan to implement recommendations from the Evaluation and Appraisal Report ( "EAR "). The proposed amendments do not yet affect the LDC; nonetheless, we have reviewed them to identify the potential impact of the proposed amendments on the LDC. The review of the proposed amendments, however, was not in as much depth because the amendments may change, possibly significantly, prior to adoption.  Mr. Robert Mearns June 7, 2010 Page 2of5 B. Purpose The purposes of the review were to make a preliminary determination of: Consistency of the LDC with requirements of the Plan. Consistency of the LDC with requirements of the CRA Plan, the UM Plan, and the Vision Plan. Internal consistency of requirements among the chapters of the LDC as well as pertinent chapters of the Fort Walton Beach Code of Ordinances. Whether the procedures for receiving, reviewing, and rendering decisions about development applications are clear, timely, and appropriate. C. Summary of Findings The findings may be grouped into the following major areas: 1) Inconsistency of uses. a. The Plan contains a partial identification of appropriate zoning districts to implement each land use category. A similar identification within the LDC is not consistent. b. Uses permissible in the zoning districts are not consistent with the use requirements for the associated land use categories. c. Uses permissible in the zoning districts and use requirements in the CRA Plan are not consistent. d. Uses permissible in the zoning districts and use requirements in the UM Plan are not consistent. 2) Inconsistency of development standards. a. The development standards provided in the LDC are not consistent with the standards required by the provisions in the Plan. b. The development standards provided in the LDC are not consistent with the development standards required by the CRA Plan, the UM Plan, and the Vision Plan. c. Standards in the Plan and the LDC are not consistent with the land use guidelines calling for a low-rise profile and small-town residential character. 3) Lack of implementation of planning provisions. a. There are numerous instances of development requirements or design requirements in the Plan where no implementing provisions are contained in the LDC. At the least, this requires the user to refer to the Plan for development standards. Often, the standards or requirements in the Plan are more general as details are best provided in the LDC. When the detailed Post Office Box 2137 Crystal River, FL 34423 ( 352) 634 -5681 email: Easley.gail@gmail.com Mr. Robert Mearns June 7, 2010 Page 3 of 5 standards are not contained in the LDC, inconsistent implementation often results due to interpretation of the requirements in the Plan. It is also the case that requirements in the Plan are simply not met by the development, a result which is contrary to the. requirements of Chapter 163, Part II, Florida Statutes. b. There are numerous instances of development requirements or design requirements in the CRA Plan, the UM Plan, and the Vision Plan where no implementing provisions are contained in the LDC. At the least, this requires the user to refer to such plans for development standards. Often, the standards or requirements must be interpreted, leading to inconsistent implementation of the requirements. It is also the case that requirements in the Plan are simply not met by the development, when the Plan clearly calls for implementation of the CRA Plan, the UM Plan, and the Vision Plan. 4) Internal inconsistency within the LDC. a. Throughout the LDC, there are numerous instances of inconsistent terminology. This leads to confusion for the reader, as it is not clear which standards and procedures apply to a particular situation. b. There are numerous instances of different standards provided for the same situation in different chapters of the LDC. This leads to confusion for the reader. While the stricter standard may be required, it is also easy to overlook multiple instances of regulation on the same feature. c. Administrative procedures are scattered throughout the LDC, with the result that inconsistent requirements are established. It is very challenging to know what documentation to provide with an application, how it will be processed, which procedure will be followed, and how an application will be reviewed. 5) Duplication of regulations and procedures within the LDC. a. Administrative procedures are found throughout the LDC, sometimes simply overlapping with general requirements in one chapter, and more detailed requirements in another. In other instances, procedures conflict, either due to different terminology or different processes for what seem to be similar or identical applications. In still other instances, information is missing that would be necessary to fully understand the process or to review and render a decision on an application. b. Use requirements are contained in a table of uses but are repeated in individual tables for zoning districts. Such requirements often conflict. c. Development standards are contained in multiple locations and are often in conflict. d. Definitions contain development standards and regulations. The definition of a term should not contain regulations or development standards as it can Post Office Box 2137 Crystal River, FL 34423 •3 ( 352) 634 -5681 email: Easley.gail @gmail. com Mr. Robert Mearns June 7, 2010 Page 4 of 5 lead to confusion, the need for interpretation, and arbitrary application of requirements. 6) Incomplete or unclear provisions. a. There are several instances where the provisions appear to be incomplete. For example, submittal requirements for some applications do not require information to be submitted that would allow a determination of compliance with use and development standards. b. Drawings to accompany applications may be submitted in a digital format. However, there is no standard for the content or style of the digital submission. c. Graphics are provided along with tables and lists of requirements for each zoning district. It is not clear whether the graphic is controlling or illustrative. d. Section titles are not consistent with the requirements contained in the section. This makes it unlikely that some standards will be found as the section titles do not lead the reader to the requirements. e. Cross-references are inaccurate or not provided, again making it unlikely that the necessary standards will be found. D. Recommendations 1) Prepare a detailed cross- reference table of standards in the LDC, the CRA Plan, the UM Plan, the Vision Plan, and the amended Comprehensive Plan similar to Table 1 in the Preliminary Review report). This comparison of standards will form the basis for significant revision to the LDC, in particular Chapters 15 and 16. The preparation of this cross- reference table should be initiated after the update to the CRA Plan and resolution of the contents of the EAR -based amendments to the Plan. This detailed comparison of standards was not prepared as part of the Preliminary Review due to the likelihood that standards will be changing soon. 2) Determine the process to be followed for all applications and consolidate this information into a single chapter. The consolidation will result in elimination of the duplications, highlight the conflicting requirements for resolution, and identify the instances where the information is incomplete and needs to be