Fort Walton Beach Council agenda — 06-22-2010 Regular — reading text

Page 116 120 Council Meeting, June 22, 2010 Fort Walton Beach Evaluation and Diagnosis Preliminary Review of the LDC Land Development Code The requirement for 7. Policy E. 1. 6 establishes location requirements for protected habitats. location of preserved habitats to be adjacent to existing viable habitats is contained in Chapter 17. Such use limits are not identified in 8. Policy E. 2. 2 requires limitations of use in WPZ and SPZ. Chapter 15 but are contained in Chapter 17. 9. Policy E.2. 3 requires a setback for development and accessory buildings adjacent to WPZ and SPZ. No specific setbacks are established in the LDC for development and accessory buildings adjacent to WPZ and SPZ. The MUWS zoning districts do have setbacks from Santa Rosa Sound in Chapter 15. 10. Policy E.2.4 requires that development along the Bay and Sound protect those water bodies Chapter 10 of the from stormwater runoff pollution. No specific requirement in Chapter 14. Code of Ordinances contains requirements for stormwater discharge. water bodies, WPZ, and SPZ. Protection of 11. Policy E. 3. 1 requires protection of wetlands, wetlands and water bodies are addressed in Chapter 14. Chapter 17 contains requirements for establishment of a WPZ. and natural 12. Policy E. 3. 2 requires criteria for shoreline property to protect cultural resources and minimize erosion. Chapter 17 has provisions for stabilizing shorelines for erosion control. docks, piers, and recreation facilities 13. Policy E. 3. 3 requires provisions to permit marinas, along the Sound and encourages the dedication of a 10- foot easement for a boardwalk along the Sound. Chapter 17 contains some provisions for marinas, docks, and piers, but not other recreation facilities. There is no provision for the dedication of an easement for a boardwalk. 14. Policy E.4.2 prohibits activities that would increase erosion beyond the natural estuarine beach erosion cycle. Chapter 14 addresses erosion but not specifically related to the estuarine beach erosion cycle. stabilize estuarine beaches. Chapter 17 has 15. Policy E. 4. 3 requires that development restore / provisions for stabilization of banks along shorelines, but does not address estuarine beaches. Flood 16. Policy E. 6. 3 requires compliance with flood elevation standards on the FIRM. elevation information is required by submittals pursuant to Chapter 13 but not Chapter 14. Chapter 17 contains the development standards within flood plains. to ensure maintenance of of development in order 17. Policy E. 7. 3 requires evaluation hurricane clearance times. The requirements in Chapter 13 for submittals and criteria for evaluation do not include hurricane clearance times. performance bonus provisions for an easement for the public 18. Policy E. 9. 1 requires boardwalk along the Sound. Included in Chapter 15. Chapter 16 19. Policy E. 15. 1 requires protection of native trees and a tree protection ordinance. requires protection of native vegetation. Chapter 16 contains provisions for preservation of entitled " City Tree protected trees. Chapter 10 of the Code of Ordinances contains a section Ordinance. " Chapter 16 requires 20. Policy E. 15. 2 requires preservation of native vegetative species. protection of native vegetation. Page ( 17 121 Council Meeting, June 22, 2010 Fort Walton Beach Evaluation and Diagnosis Preliminary Review of the LDC Land Development Code F. Recreation and C en Space This provision 1. Policy F. 3. 1 requires enforcement of open space requirements in the LDC. was not found in the LDC. 2. Policy F.3. 2 requires that new subdivisions include dedication ofSites sitesforforpublic publicuse" parks, and playgrounds, or other public uses. Section 14. 70. 8 is entitled " There are no requires dedication of parks and recreation facilities or a fee in lieu of dedication. 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 ofFDEP Transportation ") prior to FDOT") and the Florida Department of Environmental Protection ( " 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 the Chapter 18 contains facility improvements to meet adopted LOS standards. proportionate fair -share 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 of concurrency prior to 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. System to implement 4. An amendment is proposed to the Concurrency Management Limits. Once adopted recommendations from the EAR by extending the TCEA to the City and found in compliance, the LDC must be amended for consistency. Page 118 122 Council Meeting, June 22, 2010 Fort Walton Beach Evaluation and Diagnosis Preliminary Review of the LDC NEW eve opment Code J. Economic Development Element 1. Objective I.3. 2, Policy 1 encourages opportunities for the following uses in Historic Studios Downtown: culinary studios, seafood and farmer's markets, and vendor pushcarts. 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 Chapter 14 plats, and site plans for residential and residential mixed-use developments. 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