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

400 feet of the principal entrance of the building(s) to be served by parking. The parcel containing the private off-site parking lot shall be located on land zoned CG, MX -1, e.T--MX-2 or M.X-3. The owner of the development parcel and the owner of the parking lot shall enter into an agreement guaranteeing the availability of the parking spaces to be counted to meet parking needs of the development parcel. The agreement shall be a recordable instrument in a form acceptable to the City Attorney. The City shall be a party to the agreement and shall retain enforcement authority. The agreement shall contain covenants running with the lands of both the development parcel and the parcel containing the parking lot. 2. The development parcel is located in the CF or OS zoning district. One ( 1) of the following situations shall provide parking to meet needs on the development parcel: a. An available municipal parking lot is located within 400 feet of the principal entrance of the building(s) or uses to be served by parking. Distance shall be measured along the most direct walking route from the building entrance to the nearest entrance to the municipal parking lot. b. On -street parking is available within 400 feet of the principal entrance of the building(s) or use to be served by parking. Distance shall be measured along the most direct walking route from the entrance to the parking. B. Valet parking 1. A portion of the required off-street parking in CG, MX -1, a*& MX- 2,_and :MX -3 zoning districts may be provided off of the development site and accessed through a valet service. The property owner shall ensure the availability of the number of spaces required in Table 6. 04.02 through provision of a recordable legal instrument acceptable to the City. The agreement shall guarantee the number and location of the off-site parking spaces and the availability of the spaces to the property owner. 2. In addition, the property owner shall ensure the availability of a valet service through provision of contractual agreements with a valet service that demonstrates the availability of valets to transfer cars from the business location to the off-site parking. Handicapped parking in compliance with ADA requirements shall be provided on- site and is not subject to the valet agreement. 6. 04.06. Parking Studies. A. The required number of parking spaces may be reduced based on the results of a parking study prepared in compliance with the standards of this section. The parking study shall be prepared by a traffic engineer, certified transportation planner, or other professional with expertise in parking.  B. Parking spaces may be shared by two ( 2) or more adjacent uses when a parking study prepared in compliance with the standards of this section demonstrates that adequate parking will be available to meet all parking needs. C. Development located in the MX -11 of--MX-2, or MM zoning districts shall share parking. A parking study shall be prepared in compliance with the standards of this section to demonstrate the amount of parking required. D. The Development Administrator may require a parking study when the characteristics of the proposed development is believed to require a greater or lesser number of parking and/or loading spaces than established by the standards in Sections 6. 04.02 and 6.04.04. E. A parking study shall include estimates of parking requirements based on one ( 1) of the following sources: 1. Urban Land Institute; 2. Institute of Traffic Engineers; 3. American Planning Association; 4. Traffic Institute; or 5. A study of parking requirements prepared by a Traffic Engineer based on data collected demonstrating the actual parking needs of comparable uses. Uses shall be considered comparable based on type of use, density, or intensity of development, scale, bulk, and location. The study shall clearly document the location of parking counts, and the time of the counts week days, weekends, peak use periods, and season). F. The parking study shall also include an analysis of the extent to which a transportation system management program and use of alternative forms of transportation lessen the parking requirement. The following factors shall be considered: 1. Public transportation satisfies transportation demands for a portion of the users of the facility that corresponds to the amount of proposed parking reduction. 2. The availability and estimated use of private and public ride sharing, such as car pools and van pools. 3. The availability of subscription bus service. 4. Parking charges. 5. The guaranteed provision of annual employee or customer bus passes by the development occupying the development site. 6. The implementation of guaranteed flexible work hour scheduling. 7. The establishment of a transportation coordinator position to implement a car pool, van pool, and/ or other transit programs. 8. The reduction in parking spaces corresponds to the percentage of residents, employees, and customers who regularly walk, use bicycles and other non -motorized forms of transportation, or use mass transportation to travel to the facility. Documentation of the source of this data shall be provided. G. , The parking study may demonstrate a deferral of the provision of otherwise required parking spaces provided that the following standards are met:  I. A parking plan is provided to demonstrate that sufficient space is available to meet the parking requirements set forth in Section 6. 04. 02. 2. A parking plan is provided that illustrates the layout for the required number of spaces, designating the spaces to be deferred. 3. Spaces proposed for deferral shall not be used for required landscaping, required buffers, required setbacks, or stormwater management. 4. A parking plan shall demonstrate full compliance with all design requirements of this LDC, except for the design and construction of deferred spaces. 5. The parking plan shall include a written agreement, in the form of a recordable instrument approved by the City Attorney, guaranteeing conversion of the deferred spaces to paved spaces in full compliance with the standards of this LDC, based upon the City's determination that the deferred spaces are necessary for the safety and welfare of the public. The City shall be a party to the agreement. The agreement shall include a requirement that the property owner shall be responsible for any expenses of a traffic and/ or parking study to address the need for the deferred spaces. 6. The property owner may at any time request approval of a revised development plan to allow converting the deferred spaces to operable parking spaces. H. A parking study to support shared parking requirements shall meet the following standards: 1. The parking spaces for joint use shall be located within 300 feet of the respective uses they are intended to serve. 2. The study shall include sufficient data to demonstrate that the hours of maximum demand for parking at the respective uses do not normally overlap. 3. The study shall contain sufficient information to demonstrate that the joint use of parking and subsequent reduction in the total number of otherwise required parking spaces will not have a negative impact on adjacent properties. 4. The owner of parcels proposing to share parking shall enter into an agreement guaranteeing the joint access and use of the parking spaces to meet parking needs of all properties represented in the agreement. The agreement shall be a recordable instrument in a form acceptable to the City Attorney. The City shall be a party to the agreement and shall retain enforcement authority. The agreement shall contain covenants running with the lands of all parcels relying on the shared parking arrangement. The agreement shall include provisions for maintenance of the shared parking facility. The agreement shall also include provisions that address discontinuance of one ( 1) or more uses and a change in one ( 1) or more uses resulting in an increased parking need. The agreement shall contain covenants running with the lands of all development parcels relying on the shared parking arrangement. Section 3. Applicability For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Fort Walton Beach. This ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this ordinance.  Section 4. Inclusion into the Land Development Code It is the intent of the City Council that the provisions of this ordinance shall become and be made a part of the City of Fort Walton Beach' s Land Development Code, and that the sections of this ordinance may be renumbered or re -lettered and the word " ordinance" may be changed to section," " article," " regulation," or such other appropriate word or phrase in order to accomplish such intentions. Section 5. Severability In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are declared severable. Section 6. Findings The City Council of the City of Fort Walton Beach finds that the Local Planning Agency reviewed and recommended approval of the ordinance on June 6a', 2024. The City Council of the City of Fort Walton Beach finds that the proposed ordinance is consistent with the goals, objectives, and policies of the City' s Comprehensive Plan. The City Council of the City of Fort Walton Beach finds that all notice requirements for enactment of the ordinance have been met in accordance with the Florida Statutes and the City' s Land Development Code. Section 7. Effective Date This ordinance shall take effect immediately upon approval on second reading by the City Council and signature of the Mayor. Adopted: p, r C6 11 --- 2o 5 Richard A. Rynearson, Mayor Attest: Approved as to legal form and sufficiency for the City of ort ton Beach, only. Kim arnes, City Clerk Kimberly Ro ity A orney Additions are underlined: