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

but not Chapter 14. Chapter 17 contains the development standards within flood plains. 17. Policy E. 7. 3 requires evaluation of development in order to ensure maintenance of hurricane clearance times. The requirements in Chapter 13 for submittals and criteria for evaluation do not include hurricane clearance times. 18. Policy E. 9. 1 requires performance bonus provisions for an easement for the public boardwalk along the Sound. Included in Chapter 15. 19. Policy E. 15. 1 requires protection of native trees and a tree protection ordinance. Chapter 16 requires protection of native vegetation. Chapter 16 contains provisions for preservation of protected trees. Chapter 10 of the Code of Ordinances contains a section entitled " City Tree Ordinance. " 20. Policy E. 15. 2 requires preservation of native vegetative species. Chapter 16 requires protection of native vegetation. Page 117  Fort Walton Beach Evaluation and Diagnosis Preliminary Review of the LDC Land Development Code F. Recreation and Open Space I. Policy F.3. 1 requires enforcement of open space requirements in the LDC. This provision was not found in the LDC. 2. Policy F.3. 2 requires that new subdivisions include dedication of sites for public parks, playgrounds, or other public Section 14. 70. 8 is entitled " Sites for public use" and uses. requires dedication of parks and recreation facilities or a fee in lieu of dedication. There are no provisions pertaining to "other public uses." 3. There are no proposed amendments to the Recreation and Open Space Element in the EAR - based amendment package. G. Intergovernmental Coordination 1. Policy G. 4. 2 requires various permits from the Florida Department of Transportation FDOT ") and the Florida Department of Environmental Protection ( " FDEP ") prior to issuance of a development order. Chapter 13 addresses this requirement. 2. There are no proposed amendments to the Intergovernmental Coordination Element in the EAR-based amendment package. H. Capital Improvements Element 1. Policy H.4. 1 requires that new development pay a pro-rata share of the costs of public facility improvements to meet adopted LOS standards. Chapter 18 contains the proportionate fair s- hare ordinance addressing transportation. There are no requirements pertaining to a pro -rata share for other public facility improvements. 2. Policy H.4. 2 requires exaction of physical improvements to impacted facilities by all development. Chapter 13 does not contain any provision regarding exactions. 3. No further amendment is needed as a result of the proposed EAR-based amendment. I. Concurrency Management System 1. Objective I.2 and Policies I.2. 1 through I.2. 6 require that new development provide public facilities at the adopted LOS standard concurrent with development impacts and establish compliance standards. Chapter 18 contains concurrency management requirements for water, wastewater, recreation, transportation, solid waste, and stormwater, but not for public schools. 2. Policy I.2. 8 requires a certificate of concurrency prior to approval of a development order or permit. Chapter 18 states that a certificate is required prior to issuance of a development permit. 3. Policy I.2. 9 requires issuance of a certificate to of concurrency prior a preliminary development order when multiple permits are required. Chapter 18 contains a provision that, when more than one development permit is required, the certificate shall be issued prior to the issuance of the initial development permit, not prior to a preliminary development order. 4. An is to the amendment proposed Concurrency Management System to implement recommendations from the EAR by extending the TCEA to the City Limits. Once adopted and found in compliance, the LDC must be amended for consistency. Page 118 Fort Walton Beach Evaluation and Diagnosis Preliminary Review of the LDC and Development Code J. Economic Development Element 1. Objective I.3. 2, Policy 1 opportunities for the following uses in Historic encourages Downtown: culinary studios, seafood and farmer's markets, and vendor pushcarts. Studios and farmer's markets are included in Chapter 15 for the MUMS district. 2. Objective I.3. 2, Policy 3 requires Targeted Industries meeting certain criteria to request waiver of impact fees. Water and wastewater impact fees are established in Chapter 10 of the Code of Ordinances. There is no provision for a waiver. 3. No further amendments are needed as a result of the proposed EAR-based amendment. K. Public School Facilities Element (Ordinance 1757) 1. Policy J.3. 4. 5 contains requirements pertaining to the review of petitions for rezoning, final plats, and site plans for residential and residential mixed -use developments. Chapter 14 does not address any consideration of impacts on school facilities during the review of preliminary or final plats. 2. Paragraph 7 of Policy J.3. 5. 1 contains provisions regarding lack of sufficient capacity in an affected concurrency services area when considering a final plat or site plan approval. The LDC does not contain concurrency requirements for public schools. 3. The Public Schools Facility Element is not included in the EAR. L. Questions / Additional Concerns: 1. The height limit is less for GC within 150 feet of adjacent residential uses. Note that the word " adjacent" was not in the text containing the amendment from 500 feet to 150 feet. No amendment has been identified where the word " adjacent" was deleted by amendment. Therefore, it is not clear whether adjacency of residential uses is still a provision of the Comprehensive Plan, and if so, whether the lower height limit applies to residential uses within 150 feet of the GC land but not adjacent to the GC land. 2. RC is limited to the CRA " which is developed as commercial." This appears to mean that the RC is only applied to parcels developed for commercial purposes on the date of adoption of the Comprehensive Plan. Is this correct? The allowable uses are retail. Therefore, this appears to mean that other businesses, such as offices and possible entertainment uses, would not be included. Is this correct? 3. The land use guidelines call for a " low-rise profile," yet building heights of 150 feet are permissible. This provision appears to be internally inconsistent. 4. The generalized land use statement says that retention of small -town residential character is of primary importance, yet FAR of up to 5. 0 and building heights up to 150 feet are permissible. This provision appears to be internally inconsistent. 5. There appears to be inconsistency in the terminology referring to streets ( collector, major collector, principal arterial, major arterial, and so on). 6. Policies A.3. 15 and B. 1. 6. 3 appear to be inconsistent regarding when sidewalks are required. 7. The Economic Development Element refers to the 2010- 2020 Comprehensive Plan. What is this document? 8. The Garniers Beach Neighborhood Plan ( "GBNP ") was amended in Ordinance 1638. Is this neighborhood plan part of the Comprehensive Plan? Where are the other neighborhood Page 19 Fort Walton Beach Evaluation and Diagnosis Preliminary Review of the LDC Land Development Code plans? The GBNP calls for upgrading development standards for commercial uses to ensure compatibility. Is there more specific direction? LZ Fort Walton Beach Land Development Code The following is a preliminary review of the chapters of the LDC to identify instances of duplication, overlap, internal inconsistency, and inconsistency with the Comprehensive Plan. In the event a chapter is rewritten, a subsequent review must be performed to ensure that all issues are identified and confirm those issues noted in this preliminary review. A. Chapter 12 — General Provisions 1. Does Section 12. 03 still apply? It requires that pending applications be approved within six months of adoption of the LDC. Since six months have passed, this provision, as written, would not apply and should be revised to address the effect of amendments to the LDC on pending applications at the time of amendment. 2. Are the terms " development proposals," " development orders," " application for development approval," and " land use decisions" intended to mean different actions? 3. Section 12. 04 refers to existing uses on the date of adoption of the revised LDC. This should be clarified to address the effect of amendments to the LDC after its initial adoption date, which apparently is the effective date for determining that an existing use is lawful. That is, how are uses lawfully established after the adoption date affected by amendments to the LDC? B. Chapter 13 —Administration and Enforcement 1. Section 13. 10. 2. 1) — this section indicates that fees include consultant time. However, it is often not possible to know the consultant costs up front. Should this section be clarified regarding the pass- through of consultant costs to the applicant? 2. Section 13. 20. LB —what other guidelines might be required? How is the applicant advised of other guidelines that may apply? It is essential that requirements, standards, criteria, and guidelines all be specified. Without such specificity, applicants with identical proposals can be treated differently, leading to claims of arbitrary and capricious requirements. 3. Section 13. 20. LB — the guidelines may need to be clarified to avoid conflicting interpretations of " significant"