Fort Walton Beach Ordinance — 2149--Amending LDC Chapters 2,4,5,6 Establishing MX3 Zoning — reading text

READING DATE Ist o q ORDINANCE 2149 2nd t. -&- L5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING CHAPTERS 2, 4, 5 AND 6 OF THE LAND DEVELOPMENT CODE TO ESTABLISH STANDARDS FOR MX -3 ( MIXED USE ( DOWNTOWN HIGH INTENSITY) ZONING DISTRICT); PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, City Council adopted the Downtown Master Plan on May 14, 2019; and WHEREAS, the Downtown Master Plan recommended the creation of a MX -3 zoning district with higher density; and WHEREAS, the Land Development Code must be updated throughout various chapters to account for the new zoning district. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Authority and Intent The authority for enactment of this ordinance is contained in Chapters 166.021, 163. 3202, and other provisions of the Florida Statutes and Section 2 of the City Charter. Section 2. Amendment of Land Development Code Chapters 2, 4, 5, and 6 CHAPTER 2 – ZONING DISTRICTS AND USES 2. 01. 02 Mixed Use Districts. A. MX -1 — Mixed-use ( Medium Intensity) Zoning District. The mixed-use zoning district is established to provide for a wide variety of land uses, including single-family housing, multifamily structures, commercial and office uses, artisan studios, and cottage industries. Accessory uses for residential developments include onsite amenities, such as recreation facilities, carports, garages, storage buildings, parking lots, transit stops, and community buildings. Accessory uses for nonresidential developments include such onsite amenities as parking lots, parking structures, storage buildings, or transit stops. Open space in the form of plazas and courtyards may be provided. Waterfront locations may include accessory uses such as docks, boardwalks, or facilities for direct water access to support water -dependent uses. Uses within the MX -1 zoning district may be mixed within one ( 1) parcel or lot and may be mixed within one ( 1) building. The maximum density is twenty ( 20.0) dwelling units per acre. Bonus provisions may be authorized to allow a maximum density up to thirty (30.0) dwelling units per acre. The maximum floor area ratio ( FAR) for nonresidential development is one ( 1. 0) FAR. Bonus provisions may be authorized to allow a maximum floor area ratio of one and one-half 1. 5) FAR. B. MX -2 — Mixed-use ( High Intensity) Zoning District. The mixed-use zoning district is established to provide for a wide variety of land uses, including multifamily structures, commercial and office uses, artisan studios, and cottage industries. Accessory uses for residential developments include onsite amenities, such as recreation facilities, carports, garages, storage buildings, parking lots, transit stops, and community buildings. Accessory uses for nonresidential developments include such onsite amenities as parking lots, parking structures, storage buildings, or transit stops. Open space in the form of plazas and courtyards may be provided. Waterfront locations may include accessory uses such as docks, boardwalks, or facilities for direct water access to support water -dependent uses. Uses within the MX -2 zoning district may be mixed within one ( 1) parcel or lot and may be mixed within one ( 1) building. The maximum density is thirty ( 30. 0) dwelling units per acre. Bonus provisions may be authorized to allow a maximum density up to forty-five ( 45. 0) dwelling units per acre. The maximum floor area ratio for nonresidential development is two ( 2. 0) FAR. Bonus provisions may be authorized to allow a maximum floor area ratio of three ( 3. 0) FAR. C. MX -3 -- Mixed- use ( Downtown High Intensity_)Zoning District. The mixed- use zoning district is established to provide for a wide variety of land uses, including multifamily structures, commercial and office uses, artisan studios.. and cottage industries. Accessory uses for residential developments include onsite amenities, such as recreation facilities, caMorts, garages, storage buildings, parking lots, transit stops,_ and community buildings. Accessory uses for nonresidential developments include such onsite amenities as parking lots, parking structures, storage buildings, or transit stops. Uses within the MX -3 zoning district may be mixed within one llj parcel or lot and may be mixed within one ( 1) building. The maximum density is one hundred ( 100. 0) dwelling units per acre. Bonus provisions may be authorized to allow a maximum density up to one hundred fifty ( 150) dwelling units per acre. The maximum floor area ratio for nonresidential development is three ( 3. 0) FAR. Bonus provisions may be authorized to allow a maximum floor area ratio of four and one half (4. 5) FAR. ED. YC — Yacht Club Zoning District. The yacht club zoning district is a specialized district designed for waterfront residential development with integrated private and semiprivate yacht clubs and associated accessory uses. Residential development is limited to single-family dwellings with a maximum density of six (6. 0) dwelling units per acre. 2. 01. 05 Zoning District Comparison to Future Land Use Categories. A. The Future Land Use Map of the Comprehensive Plan establishes allowable land uses within the City. The zoning districts set forth within this LDC must be consistent with the Future Land Use Map. Any rezoning of land must maintain this consistency. Table 2.01. 05 sets forth the allowable zoning districts which are consistent with each land use category from the Future Land Use Map. B. From time to time it is necessary to assign a zoning district to land due to annexation or to assign a new zoning district in a rezoning action. The following criteria shall be applied to the determination of the appropriate zoning district. 1. Whether the requested zoning district is consistent with the future land use category according to Table 2. 01. 05. 2. Whether the uses within the requested zoning district are compatible with the uses in adjacent zoning districts. Compatibility is determined by considering scale of use; intensity of use as determined by floor area ratio and impervious surface coverage; hours of operation; impacts from noise in parking lots or structures; noise from outdoor gathering places ( recreation areas, plazas, courtyards); noise from outdoor speakers; noise from processes such as from body shops, equipment shops, and industrial activities; lighting from parking lots or structures and vehicles; and security lighting. Compatibility shall consider the range of allowable uses on parcels adjacent to the proposed rezoning parcel and the typical impacts for those uses. 3. Whether the requested use is substantially more intense or less intense than allowable development on adjacent parcels. The range of uses permissible according to the land use category and zoning district on the adjacent parcels is the basis for determination. The existence of a nonconforming use on adjacent parcels which is substantially more or less intense than the requested zoning shall not establish the sole reason for denial of the requested zoning. 4. Whether the requested use is based on soil types, topography, protection of natural resources, and protection of designated historic areas. Table 2. 01. 05. Relationship Between Zoning Districts and Future Land Use Map Categories FLUM Land Zoning Districts: Use: R- 1 E R- 1 R- 2 MX -1 MX -2 MX -3 YC CF CG CTP MB REC Low Density X X X Residential LDR Medium Density X X Residential MDR Commercial X X COM Mixed Business X X and Industry MBI Industrial IND X Mixed -Use X X X X X X X X MU Civic, X Institutional, Utility CIU Recreation X REC) Conservation X CNS) Private Club X PC 2. 03. 02 Table of Permissible Uses. Table 2. 03. 02. Permissible Uses in Each Zoning District Principle Land Zoning Districts: Use R- lE R- 1 I R-2 I MX -1 I MX -2 I MX -3 I YC I CF I CGI CTP I MB I REC Residential Uses Single- family P P I P P P  dwelling Duplex or triplex P P P structure Multifamily P P P P structure s S s s Townhouse s. oa. oz 5. 04. 02 5. 04. 02 5. 04. 02 S S s Manufactured a. ol. az 4. 01. 02 4. 01. 02 homes S Manufactured 5. 04. 14 homes in 2arks Nonresidential Uses Adult -Oriented 5.5. 04.04. 2626 PP PP Uses, including book stores, movie stores, theaters, entertainment, and retail stores Alcohol package PP PP PP store, no consumption on remises Animal hospital or P P P veterinaryclinic s s s Arenas band shell s. oa. lo u, ill 5. 04. 10 s. oa. lo amphitheater, outdoor performance area Artisan studio P P P P P Asphalt or P P concrete plant ATM kiosk P P P P P Bait and tackle P P P P Barber, beauty