Fort Walton Beach Council agenda — 10-23-12 regular — reading text

homelessness task force meeting which discussed possible sites within the City limits for a homeless facility. ADJOURNMENT: 6: 47 pm Approved: 5dC_ Mayor: o Attest: ¢° O6R1 r 0N City Clerk m Page 7 City Cou, vd ofFon Walmn Beach Packet Pg. 21  12. 1 City Council of Fort Walton Beach 0 To: ENGINEERING & UTILITY SERVICES MEMORANDUM Michael D. Beedie, City Manager From: Tim Bolduc, Development Services Manager Date: October 23, 2012 1866 Amends Ch 1 of the LDC 1. BACKGROUND: 1. 1. On March 23, 2012, City Council approved Ordinance 1861 to adopt a new Land Development Code for the City of Fort Walton Beach. 1. 2. The 2012 Land Development Code ( LDC) went into effect on May 1, 2012. Staff has been implementing the new LDC for approximately five months. 1. 3. During the past five months of implementation, Staff has discovered several inconsistencies that need to be corrected in order to provide for the most streamlined, clear, user -friendly document possible. 2. DISCUSSION: 2. 1. Section 1. 08. 02 of the Land Development Code contains definitions of terms used throughout the LDC. 2. 2. The definition for " accessory use and structure" was inadvertently incomplete during the adoption of the 2012 LDC and now needs to be corrected. 2. 3. In the definition for signs, many types of signs were defined, but a " temporary sign" was not defined. A definition for " temporary sign" has been added. 3. FINANCIAL INFORMATION: 3. 1. This ordinance has no direct financial impact on the City. 4. RECOMMENDATION: 4. 1. Staff respectfully recommends City Council approval of Ordinance 1866 to amend Section 1. 08. 02 of the Land Development Code. SIGNATURE BLOCK Stella Jones Completed 10/ 01/ 2012 10: 30 AM Tim Bolduc Completed 10/ 01/ 2012 12: 07 PM Hayward Dykes Completed 10/ 01/ 2012 2: 48 PM Carole Jones Completed 10/ 01/ 2012 2: 56 PM City Manager Completed 10/ 03/ 2012 7: 22 AM City Council Completed 10/ 12/ 2012 9: 56 AM Page I DOC ID'. 1996 A Packet Pg. 22'.:  I z. l ORDINANCE ( ID # 1996) AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, AMENDING SECTION 1. 08. 02, LIST OF DEFINED TERMS, TO CORRECT TYPOGRAPHICAL ERRORS IN THE LAND DEVELOPMENT CODE AND TO ADD A DEFINITION FOR TEMPORARY SIGN; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: Ordinance 1866 Section 1. Authority and Intent The authority for enactment of this ordinance is contained in Chapter 166. 021, 163. 3202, and other provisions of the Florida Statutes and section 2 of the City Charter. Section 2. Amendment of Section 1. 08. 02, List of Defined Terms Section 1. 08. 02, List of Defined Terms, of the Land Development Code, is hereby amended as follows: Words used in this LDC shall be construed according to the common meaning as defined in a standard dictionary, such as the Merriam -Webster Collegiate Dictionary, or other source, such as The Florida Building Code, or the Florida Statutes. Words defined in this Section have the meaning provided when used in this LDC. Access: A way or means of vehicular or pedestrian approach to provide physical entrance to a property. Accessory dwelling: A secondary dwelling unit established in conjunction with and clearly subordinate to a principle dwelling, whether part of the same structure as the principle dwelling or a detached dwelling. Accessory dwellings may be called helpers quarters, guest quarters, mother -in -law suites, granny flats, or other similar terms, all having the same meaning as " accessory dwelling." Accessory use or building: A subordinate use or building customarily incident to the principle building or use and which is on the same lot or parcel of ground as the principle building orr use. Packet Pg. 23: r  1217 ORDINANCE ( ID # 1996) Adverse effects. Any modifications, alterations, or effects or waters, associated wetlands, or shorelands, including their quality, quantity, hydrology, surface area, species composition, or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the reasonable use of property, including outdoor recreation. The term includes secondary and cumulative as well as direct impacts. Aquifer: An underground formation, group of formations, or part of a formation that is permeable enough to transmit, store or yield usable quantities of water. Archaeological site: A property or location which has yielded or may yield information on the city' s and local area' s history or prehistory. Archaeological sites are evidenced by the presence of artifacts and features indicating the past use of a location by people. Arena, auditorium, or stadium. An open, partially enclosed or fully enclosed facility primarily used or intended for commercial spectator sports or entertainment Typical uses include convention and exhibition halls, sports arenas, and amphitheaters. Artisan studio: A workplace for a person skilled in an applied art. As -built plans. The amended site development plans specifying the locations, dimensions, elevations, capacities and capabilities of structures or facilities as they have been constructed. s- C _ 1 Breakaway wall: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. Building, Any structure built for support, shelter, or enclosure for any occupancy or storage. 3- a`. Clearing: The removal of trees and brush from a substantial part of the land but shall not include mowing of grass. Commercial vehicle: Any vehicle whether motor -driven or towed, and used constructed or equipped for the transportation of goods, wares, merchandise, tools, or equipment in the trade, commerce or industry. The following vehicles shall be excluded from the effect of this LDC: Passenger vehicles including station wagons, SUVs, and vehicles constructed for recreational purposes or other non commercial purposes, vehicles used by governmental agencies for official business, and vehicles which are or may be required to be similarly identified by State or Federal law. Cottage industry: The creation or assembly of products in a home -based setting rather than a factory. Cross -access: A vehicular and/ or pedestrian connection between abutting properties Packet Pg. 24  12. 1 ORDINANCE ( ID # 1996) which permits the exchange of trips between the two adjacent sites without the need to use the public street system. Cultural or historic resource: Any prehistoric or historic district, site, building, object, or other real or personal property of historical, architectural, or archaeological value. The properties may include, but are not limited to, monuments, memorials, Native American habitations, ceremonial sites, abandoned settlements, artifacts or other objects with intrinsic historical or archaeological value, or any part thereof relating to the history, government, and culture of the city, the state, or the nation. Dedication: The deliberate appropriation of land by its owner for any general and public use, reserving to such owner no other rights than such as are compatible with the full exercise and enjoyment of the public use to which the property has been devoted. De minimus: A matter so minor as to be disregarded. Density.: Number of residential dwelling units per acre. Detention: The collection and storage of surface water for subsequent controlled discharge at a rate which is less than the rate of inflow. Development agreement A document complying with the requirements of Section 163. 3220 -. 3243, F.S. Development order. Any order granting, denying, or granting with conditions, any official action of the City having the effect of allowing or denying the development or use of land. Direct hydrologic connection: A surface water connection which, under normal hydrological conditions, occurs on an average of thirty ( 30) or more consecutive days per year. In the absence of reliable hydrologic records, a continuum of wetlands may be used to establish a direct hydrologic connection. Discharge or discharge point: The point of outflow of water from a project, site, aquifer, drainage basin, or facility. Drainage: Surface water runoff, the removal of surface water or groundwater from land by drains, grading or other means which include runoff controls. Drip line: The outer perimeter of the crown of a plant or tree. Dwelling: A single building, or portion thereof, forming an independent habitable unit including facilities for living, sleeping, sanitation, and cooking. Dwelling, duplex. A single building containing two ( 2) contiguous and independent dwelling units separated by a common