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

clarified. 3) Eliminate the duplication of requirements related to use and development standards. All use requirements, and only use requirements, should be provided in Chapter 15. All development standards should be consolidated into Chapter 16. Post Office Box 2137 Crystal River, FL 34423 ( 352) 634 -5681 email: Easley.gail@gmail. com Mr. Robert Mearns June 7, 2010 Page 5 of 5 4) Separate matters that do not relate to land use and development and place such matters elsewhere in the Code of Ordinances. 5) Review chapters of the Code of Ordinances that are not part of the LDC to determine if any information therein should be located within the LDC or merely cross-referenced by the LDC. At the current time, there is overlap between LDC chapters and other chapters in the Code of Ordinances. 6) Review and revise the LDC chapter on definitions. Many definitions are unclear and many definitions contain regulations. Both situations must be corrected. 7) Consolidate matters related to natural resource protection into one chapter, eliminating overlap and duplication of requirements. Update cross - references to ensure that resource protection standards are met by proposed developments. Sincerely, THE GAIL EASLEY COMPANY S V. Gail Easley, FAICP President VGE /ms Attachments: Draft: Preliminary Review Inventory of Documents Post Office Box 2137 Crystal River, FL 34423 ( 352) 634 -5681 email: Easley.gail @gmail. com Fort Walton Beach Evaluation and Diagnosis Preliminary Review of the LDC Land evelopment Code Preliminary Review of the LDC L Directions 2008— The Fort Walton Beach Comprehensive Plan A. Future Land Use Element ( "FLUE ") 1. Land planning guidelines: Maintain beautiful views and vistas to the Bay and Santa Rosa Sound Maintain a low-rise profile of de velopm en t Create a tree planting program Develop a quaint downtown communityplaza and retail center Develop a series ofhikeways and pedestrian ways Encourage appropriate new architectural de velopm en t Create an aestheticallypleasing revitalized City Core 2. Generalized land use — of primary importance is the retention of the small-town residential character of the City of Fort Walton Beach. 3. Policy A. 1. 1 requires that the Land Development Code ( " LDC ") provide consistency with the goals, objectives, and policies of the Comprehensive Plan. Rezoning and other procedures do not address consistency ( Chapter 13). This policy is deleted in the proposed EAR -based amendment, however, consistency is still required by Chapter 163, Part ll, Florida Statutes. 4. Policy A. 1. 2 requires that zoning districts implement the land use categories on the Future Land Use Map ( " FLUM "). Rezoning and other procedures do not address consistency Chapter 13). This policy is deleted in the proposed EAR -based amendment, however, consistency is still required by Chapter 163, Part ll, Florida Statutes. 5. Policy A.2. 4 requires the LDC to include higher service fees for development not using existing infrastructure. Such fees are not addressed in the LDC. Therefore, it does not appear to have been implemented. 6. Table in Policy A.3. 1 defines density as gross but excludes dedicated right -of -way ( "ROW'). Fractions are not rounded up. Chapters 15 and 20 are inconsistent with this definition. Density, which is discussed extensively in Chapter 15, is referred to as dwelling units per acre or dwelling units per gross acre, but not excluding dedicated ROW. 7. Policy A.3. 2 states that performance bonuses are based on dedication of an easement for the Sound Walk, aggregation of parcels, appropriate scale and quality, good architectural design, good site design, compatibility, adequate open space, and achievement of the Community Redevelopment Agency Plan ( "CRA Plan ") objectives. The procedures do not require submittal of information pertaining to performance bonuses ( Chapter 13). Chapter 15 does include requirements for bonus density. 8. Policy A.3. 3 requires urban design guidelines that address building scale, mass, appearance, material, style, and color for the Community Redevelopment Area. The procedures do not require submittal of information to address compliance with urban design guidelines ( Chapter 13). The urban design guidelines appear to be implemented primarily through the Urban Master Plan ( "UM Plan'); see specific comments in Section IV of this report. The design guidelines in the LDC do not address scale, mass, appearance, materials, style, or color. The proposed EAR -based amendment deletes this policy, however, other policies address design standards. The LDC must be amended to adopt design standards. Page I 1 Fort Walton Beach Evaluation and Diagnosis Preliminary Review of the LDC Land Development Code 9. Policy A.3. 5 requires that subdivision regulations prevent through- traffic in a neighborhood; ensure consistency of scale of new buildings; prevent commercial encroachment; ensure compatibility. Chapter 14 requires that minor streets be laid out to discourage through traffic. The subdivision regulations do not address scale or compatibility. 10. Policy A.3. 6 requires that any proposed nonresidential development, redevelopment, or reuse abutting a residential neighborhood submit a residential impact statement, prepared by a competent professional land planner. The statement must detail mechanisms to ensure compatibility and programs to mitigate impacts of noise, traffic, odor, and glare. The procedures in Chapter 13 only require an impact statement for major development, not linked to the location as set forth in this policy. The procedures do not require that a competent professional land planner prepare the statement. 11. Policy A.3. 7 requires that all development proposals be reviewed by the Municipal Planning Board ( "MPB ") or the Community Redevelopment Agency ( " CRA" ), exempting development of up to three dwelling units and development meeting incentives set forth in the LDC. In the procedures in Chapter 13, it appears that there is potential for review by the MPB or the CRA but that such review is not required. No incentives are identified in the procedures. Review requirements are also contained in Chapters 14, 15, and 16. 12. Policy A.3. 8 requires landscaping and buffering for commercial uses adjoining residential land use. Landscaping requirements are provided in Chapter 16. Buffer requirements are generally part of the perimeter landscaping requirement. Section 16.46 requires a wall and shade trees to buffer commercial adjacent to residential areas. These standards may not be adequate. 13. Policy A.3. 9 requires additional open / green space for all development; requires landscape islands in the interior of off-street parking. Landscaped islands are required in Chapter 16. The proposed EAR -based amendment deletes this policy. It is not clear what is meant by additional. " 14. Policy A.3. 11 requires stronger requirements for retention of existing native vegetation and trees. Section 14. 90.4 provides that native vegetation should be retained whenever Retention of existing vegetation is required in Chapter 16. The proposed EAR -based possible. amendment deletes this policy. It is not clear what is meant by "stronger." 15. Policy A.3. 12 requires maintenance of vegetation and replacement of dead material. Maintenance requirements are contained in Chapter 16. The proposed EAR -based amendment deletes this policy. 16. Policy A.3. 13 requires xeriscaping. Chapter 16 establishes that drought tolerant vegetation is preferred but not required. 17. Policy A.3. 15 requires sidewalks in the ROW adjacent to any development other than one - family zoning districts. Chapter 14 requires that proposed sidewalks be shown on the preliminary plat. Chapter 16 contains sidewalk standards, requiring sidewalks for all development other than single- family zoning districts. 18. Policy A.3. 16 requires commercial land to provide adequate off-street parking and loading and includes design guidelines. Parking standards are contained in Chapter 16. The proposed EAR -based amendment deletes this policy. 19. Policy A.3. 17 requires that dumpsters and rooftop equipment be screened from off - premises view. Screening of dumpsters is required. However, it is difficult to find this requirement as it is not clearly labeled. It is a subsection within the landscaping standards in Chapter 16. No screening requirements are found pertaining to rooftop equipment. The proposed EAR -based amendment deletes this policy. Page 12 Fort Walton Beach Evaluation and Diagnosis Preliminary Review of the LDC Land Development Code 20. Policy A.4. 1 establishes nonconformity requirements. Chapter 13 contains requirements pertaining to nonconformities, consistent with this policy. 21. Policy AAA requires City Council approval for creation of three or more lots or parcels; allows administrative approval of lot splits and lot line adjustments. The LDC is consistent with this policy, except that, as set forth in Chapter 13, within the CRA, division of land into two or more lots requires compliance with the subdivision regulations and procedures in Chapter 14. The proposed EAR -based amendment deletes this policy. 22. Policy A.5. 1 establishes Shoreline Protection Zone ( " SPZ "), Wetlands Protection Zone WPZ "), and Restricted Development Zone ( " RDZ "), with use and location standards. Chapter 17 contains requirements for establishment of a WPZ, a SPZ, and a RDZ. However, it appears that the requirements of Chapter 17 are not consistent with the requirements of Policy A. 5. 1. It also appears that the requirement in Chapter 17 to limit impervious surface to 85% is significantly less restrictive than requirements pertaining to individual land use categories and zoning districts. This standard is inconsistent with the Comprehensive Plan. The proposed EAR -based amendment revises this policy. 23. Policy A.5. 2 requires control of extraction of natural resources. No regulations have been identified for control of