Fort Walton Beach Council agenda — 11-14-06 ‎(regular)‎ — reading text

regulations regarding excessive noise as contained in Sections 5.04 and 9. 06, Volume II. Code of Ordinances. 6) Outdoor advertising ( signs) shall be limited to only those permitted in the Page 3  MUW-24 District for commercial uses and as specified in Section 12,460. 11, Volume IV, Land Devetopment Code. 7) The applicant may only operate the boat repair business between the hours of 8 a. m. to 5 p. m., Daily except Sunday. 8) No boats! watercraft may be stored other than areas designated for that use. 9) Provide a pedestrian access easement to incorporate the existing sidewalk along the western boundary of the property to provide pedestrian access from the boardwalk easement along Santa Rosa Sound to the public sidewalk in the US98/ Miracle Strip Parkway right-of-way. 10) Install a permanent pump- out station prior to issuance of a Certificate of Occupancy. 11) The driveway providing ingress to US 98 should be designed as a right-in/ right-out only. RECOMMENDATION: Staff recommends approval of the request and issuance of a Development Order that includes the conditions specified in the draft Development Order ( enclosed). Enclosures: Conditional Use Technical Report w! attachments Draft Development Order Page 4  CITY OF FORT WALTON BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES CONDITIONAL USE TECHNICAL REPORT DATE: 9- 25- 06 PREPARED BY: Len Mitchell, Planning Manager A. REQUEST: Conditional Use Permit for a Marina Use 1. MPB Case#05- 43- CU 2. Application submission date: 10- 12- 05 3. Tax 1.0. No. 23- 2S- Z4-4561- 0000-0010. 4. Address: 38 Miracle Strip Parkway SW 5. Legal Description: See attached deeds ( Exhibit 2) 6. Property Owner: Santa Rosa Sound Complex 7. Applicant Owner 8. Applicant's Agent Mary Alice Tucker and Brian J. Lambert B. GENERAL BACKGROUND: 1. Location: 38 Miracle Strip Parkway SW (see Exhibit A). a. Arterial Street: U. SHighway 98/ S. R.301 Miracle Strip Parkway ( State maintenance) Undivided four-lane b. Neighborhood: Seabreeze 2. General features of the proposed project: a. Gross acreage: 24,755 s. f. 10. 0. 56 acres ( site plan) b. Wetland acreage: None identified on Generalized Wetland Maps. c. Dwelling units: None d. Gross density: None re: application e. Ground floor area: 1, 344 s.f. (4, 114 s.f. to be demolished) f. Total floor area: 1, 344 s. f. g. Off-street parking area: 5 spaces 9' x 19' Oncludes 1 handicapped) h. Total impervious surfaces: 17, 105 s.f. (proposed) i.Floor Area Ratio: 0.54 e. Potable water and waste water service: City of Fort Walton Beach f. Recreational amenities: N/ A 3. Current Zoning of the applicant' s property: MUW-24 Mixed- use Waterfront District. 4. Current surrounding existing land use and zoning: ( see Exhibits D& B)  Current Land Use Zoning District North R.E. Offices HC Civic Center DC- 3 South Santa Rosa Sound NA East Marina MUW-24 West Transient Lodging MUW-24 5. Comprehensive Plan land use designation: The subject property is currently designated MUW-24, Mixed Use Waterfront, according to the Future Land Use Map. This land use designation has been in place since August 22, 2000, when the current Comprehensive Plan was adopted. 6. Surrounding Future Land Use map designations: ( see Exhibit C) FLUM Designation North HC/ PL Highway Commercial/ Public Lands South None None East MUW-24 Mixed- use Waterfront-24 West MUW-24 Mixed- use Waterfront-24 7. Proposed zoning: No change ( MUW-24) C. PROJECT DESCRIPTION: Zonina history- The subject property was zoned C-2 General Commercial from 1960 until the City implemented the first Redevelopment Area Plan in 1983. The subject property was then rezoned DC- 3 Community CommerCial District. The subject property has been zoned 24 Mixed Use Waterfront-24 since 2001 MUW.. when the City implemented the 2000 Comprehensive Plan FLUM designation MUW-24 by rezoning the south side of the US98 from the Boat Marina to the west City Limits abutting the City of Mary Esther. Future land Use- Future Land Use designation- The first Future Land Use Maps adopted by ordinance were those in the Comprehensive Plan: 2000, adopted in 1990. These maps designated the subject property as Mixed- Use Commercial/ Residential ( MU C/ R). The Future Land Use Maps ( FLUM) adopted by the City in August 2000 as part of the Comprehensive Plan: 2008 re- designated the request site as Mixed- use Waterfront-24. Existing land Use- The Sun King Offices Complex was approved by City Council as a platted subdivision on September 14, 1982. 2 The request site is developed with an 11 , sJ. 2- story office building. The buildings OOO:!:. were damaged by Hurricane Opal in 1995, renovated and damaged again by HlJ,r icane Ivan in 2004. The building is unoccupied and in substandard condition and is pending demolition upon completion of the conditional use permit process. The request parcel includes 39 wet slips and impervious surfaces in the form of concrete paving utilized for off-street parking areas for the office and wet slips. According to the exhibits submitted by the applicant the request site was acquired from previous owner, as below: 25- 24-4561- 1) General Warranty Deed- Tax I.D. # 23- 0000-0010-July 23, 2002 from James M . Tucker. The City of Fort Walton Beach was granted an easement by Santa Rosa Sound Complex, LLC in 2003 for ingress and egress to a sewer lift station as shown on the Site Plan ( Exhibit 4). The applicant' s agent advised that the owner will be leasing the property to The Boat Marina. The applicant submitted on August 31, 2006 a Proposed Revised Site Plan for Sun King Offices Lot- Conditional Use Study ( Exhibit 3) along with a written response ( Exhibit 5) to the comments made by M. H. Foley ( Exhibit E)on the previous submittal. Applicant' s proposal- The applicant has presented an application and a site plan requesting a conditional use permit for a marina: The applicant describes the existing use as follows: 1) " Formerly used as an office complex. Currently used as storage(personal not commercial)in interior of building. Exterior property (parking lot) used for dry dock and parking for marina". The applicant describes the proposed use as follows: 1) " Property to be used as parking for marina as well as dry dock for boat repair and maintenance. The marina and boat repair business has a total of eight employees and operators Monday through Saturday 8 a. m.- 5 p.m. Marina operation- 39 wet slips at dock adjacent to this upland property. Boatyard operation- Refinishing/painting boat bottoms, servicing props, general exterior boat repair'. The applicant offered the following description of how the conditional use complies with Land Development Code: 3  We request a conditional use be granted for 38 Miracle Strip Parkway. Currently there is a six suite office building and parking lot on the property. We propose to demolish the south two- thirds of the building and repair the remaining one third. The remaining section of the building will be used for storage, electrical and water supply, and restrooms. The cleared portion of the property will be used to dry dock boats while they are being serviced and also for parking. We are one of the only working boatyard marinas left from Pensacola to Panama City and the only one in Ft. Walton Beach. As more and more marinas go condo', the demand for our services has increased. This conditional use would allow us to meet that demand as well as promote boating recreation and industry in Ft. Walton Beach': D. DETERMINATION OF APPLICABLE LAW: 1. Laws applicable to this request include "Directions, The Comprehensive Plan of the City of Fort Walton Beach: 2008", and the Code of Ordinances, City of Fort Walton Beach, Florida. 2. Section 12. 94.02 Review authority, Volume IV, Land Development Code, states that the Municipal Planning Boarc:~ (MPB), in accordance with the procedures, standards and limitations specified therein, shall approve, approve with conditions or deny an application for a development for a conditional use after recommendation of the permit Department of Community Development Services ( CDS). 3. The following are the review criteria for a conditional use permit for a marina which the Municipal Planning Board may issue upon making findings regarding the application as the whether and the extent to which the criteria are met Analysis- The Community Development Services Department has reviewed the proposal against the criteria found in Section 12. 94.07, Volume IV, LDC, and has the following comments: In his Memorandum of December 22, 2005( Exhibit 5), the Zoning and Building Supervisor advised "the subject property is located within the MUW-24 Mixed Use Waterfront District. Pursuant to Sec. 20- 696 ( e) ( 3) of the City's Land Development Code ( LDC) the proposed marina/watercraft repair yard will require approval from the Municipal Planning Board as a conditional use. The Community Redevelopment Area Board of Commissioners will also need to review the site plan and make a recommendation to the City Council who have final authority on the site plan". I have reviewed the submitted site plan for consistency with the City' s Code of Ordinances and have found the following deficiencies; 1. Show all improvements on the site plan including the docks and slips. Show the cross access driveway between the subject property and the property to the east Tucker ( ' s Marina). I believe the watercraft will be lifted from the water on the adjacent site and set on the subject site for dry dock repairs and maintenance. Show all easements including any access easements in favor of the city. A survey is required. The owner ( Mary Alice Tucker), will be leasing the property to The Boat Marina, 4  therefore a cross-access easement Is not necessary. A full copy of the lease shall be provided by the