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

for projects of two or more years. This section does not address the performance bonus provisions in the Comprehensive Plan, compliance with urban design guidelines, and requires site plan review only for major developments. Minor, exempt, and expedited development proposals are not addressed. The size of the site plan is specified for proposals within the CRA but not otherwise. The contents of the site plan differ from the requirements in Section 13. 21. 33. Table 13 -5 seems misplaced. It is at the end of the section on the CRA and contains information which overlaps, in part, information in Table 13- 1. 34. General: While this chapter purports to contain all administrative procedures, in fact, procedures are located in all other chapters of the LDC and in other chapters of the Code of Ordinances. This creates unnecessary duplication of basic submittal requirements and confusion for the reader. Further, it leads the reader to conclude that a review of Chapter 13 provides necessary information about the processing of applications, when in fact, the information is scattered throughout the entire Code. The procedures are not consistent with the Comprehensive Plan. Refer to notes with applicable provisions from the Comprehensive Plan in Part I of this report. General provisions are contained in Chapter 1 of the Code of Ordinances. Any update or revision to Chapter 13 should include an examination of the provisions of Chapter 13 Page 123 Fort Walton Beach Evaluation and Diagnosis Preliminary Review of the LDC Land Development Code to ensure accurate cross- references to Chapter 1 and to ensure that there are no conflicts between the provisions of each chapter. Administrative requirements are contained in Chapter 2 of the Code of Ordinances. Of specific importance to the LDC are provisions pertaining to the establishment and operation of boards, committees, and individual staff members of the City. The duplication should be eliminated. Establishment and operating procedures for boards and committees that deal with land development and growth management matters set forth in the LDC may be in either Chapter 2 or Chapter 13, but should not be in both locations. Any update or revision to Chapter 13 should include a decision about the proper location of procedures regarding boards and committees and an examination of the provisions in Chapters 2 and 13 to ensure accuracy. Chapter 8 of the Code of Ordinances includes a section on Temporary and Special Events, which is also regulated in the LDC. The two sections should be examined and the duplications eliminated and any conflicts resolved. Chapter 10 of the Code of Ordinances contains procedures and provisions pertaining to fees, processing applications, design, and other matters regarding water, wastewater, stormwater, impact fees, solid waste, trees, and responsibilities for action. Any update or revision to the LDC should include examination of Chapter 10 to address overlaps and duplication of requirements. C. Chanter 14 — Subdivision Regulations 1. Section 14. 00.2 is stricter than the Comprehensive Plan, which requires City Council approval for creation of three or more lots. 2. Section 14. 00. 6. 0 requires a preliminary plat for three or more lots. Section 14. 00. 7. F states that a preliminary plat in a single-family subdivision may be required for more than two lots. The provision in Section 14.00. 7. F is permissive and may be in conflict with Section 14. 00. 6. 0 which is mandatory. 3. Section 14. 40. 1. E is a list of features to be on included a sketch plan for board consideration. Which board is meant? This is part of a section regarding a pre- application conference with the DS Director and not a list of submittal requirements for preliminary or final plats. 4. Table 14- 2 indicates that a duplex dwelling requires a preliminary plat. However, a duplex dwelling is a single building on a single lot; therefore, no land division is involved. In other sections, it is stated that a plat is required for a division into two or more, or in some sections, three or more, lots. This requirement appears to be a conflict. Policy D. 3. 2. 3 in the Comprehensive Plan also exempts two-family residential structures on a platted lot from preparation of a stormwater management plan. 5. Table 14- 2 indicates that townhouse development requires a preliminary plat. However, Section 13.21. 3 of the LDC indicates that a development with two townhouses is a minor development, requiring approval of only the DS Director. Therefore, it appears that Table 14 -2 and Section 13. 21. 3 are in conflict, because plats require City Council approval. 6. Section 14. 50. 3. N requires identification of sites, if any, for public uses. However, Policy F.3. 2 in the Comprehensive Plan requires such public use sites. Therefore, this provision in the LDC appears to be in conflict with the Comprehensive Plan. 7. Section 14. 50. 4 requires examination of a but does preliminary plat not include examination for consistency with the Comprehensive Plan. Several provisions of the Comprehensive Plan address subdivision design. Page 124 Fort Walton Beach Evaluation and Diagnosis Preliminary Review of the LDC Land Development Code 8. Refer to comments for specific policies in Part I of this report for additional conflicts or omissions. D. Chapter 15 —Zoning Districts 1. The provision of information in tables is very good. However, as the notes below indicate, the duplication of information in the tables leads to inconsistencies. In many cases, it will be difficult to know which specific uses are permissible. 2. There are internal inconsistencies within Chapter 15. Zoning districts identified in Table 15- 1 and described in Section 15- 20 are not consistent, such as R- 1E and R- 2A. 3. Zoning districtsin Section 15 -20 are not consistent with the provisions of the Comprehensive Plan. For example, the Comprehensive Plan does not have a land use category of Estate Low Density Residential. The M-2 zoning district is described as implementing the industrial land use category, while the Comprehensive Plan does not have an industrial land use category but does have an Industrial Park land use category. 4. The Comprehensive Plan describes, in part, zoning districts that are appropriate for the land use categories. The zoning districts in Table 15- 1 and Section 15- 20 are not consistent with the Comprehensive Plan description. For example, the LDC shows that R- 2A is appropriate to implement the Low Density Residential land use category, which does not include duplex, townhouse, or triplex dwellings, all permissible in the R -2A. The Comprehensive Plan identifies C- 1 as an appropriate zoning district for the MUCC land use category, but Chapter 15 does not include C- 1 for the MUCC land use category. The M- 1 zoning district allows manufacturing, which is not included in the uses for the LI land use category. There are no zoning districts identified for the MUMA land use category. 5. Section 15. 20. 2. B — the MUCC- 1 zoning district purpose statement states that the regulations are intended to " create low -intensity mixed-use districts." However, the maximum FAR is 2. 5 and the maximum density is 12 dwelling units per acre, neither of which would be considered " low- intensity." 6. Section 15. 20. 3.A —the C -1zoning district is labeled " limited commercial" while allowing large-scale and light industry. The allowable uses are not consistent with the MUCC land use category which allows small business offices and limited retail, and does not allow industrial uses. The allowable uses are not consistent with the GC land use category which does not include industrial uses. 7. The specific uses listed in Table 15- 2 are not consistent with the Comprehensive Plan. For example, the MUCC land use category specifically prohibits storage, while the MUCC- 2 zoning district allows a storage yard. Many of the uses listed for the MUW zoning districts are not consistent with the requirement in the Comprehensive Plan that uses require or be compatible with a waterfront setting. A communication tower is permissible in the M- 2 zoning district, while the Comprehensive Plan indicates that a communication tower is a conditional use in the LI land use category and is not listed in the IP land use category. Table 15- 2 is internally inconsistent in that a communication tower is listed three times; in the second instance it is allowable in C- 1, HC, and C- 2 as a conditional use, and in M -1 and M-2 as a permitted use. The third instance allows a communication tower as a permitted use in the CF zoning district. 8. Table 15- 3 is not consistent with the Comprehensive Plan. The MUMS zoning district density is identified as a maximum of 24 dwelling units per acre, while the Comprehensive Plan allows 12 dwelling units per acre and up to 15 dwelling units per acre as a bonus. The C- 1 zoning district allows building heights up to 70 feet, but does not include the limitation from the Comprehensive Plan that heights are limited to 45 feet when located within 150 Page 125 Fort Walton Beach Evaluation and Diagnosis Preliminary Review of the LDC Land Development Code feet of a residential land use. There is also a problem with the FAR for C- 1, C- 2, and HC, which is shown as " 0." This is likely an error, but should be corrected, as it effectively prohibits any development. 9. The REC land use category establishes three ISR standards: 1% for resource -based, 10% for public activity, and 40% for private activity. The OS zoning district does not include the 1% ISR provision. 10. The individual