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

citizens. 3) The applicant is requesting a conditional use to utilize the subject property for a marina, which the Zoning and Building Supervisor has classified as a " marina". b. The conditional use is consistent with the character of the immediate vicinity of the land proposed for development. The proposed use is designed so that the site can be made consistent with the harmonious development of the zoning district in which it is proposed. c. The design of the proposed conditional use will not minimize the detrimental effects on neighboring properties, relative to the following design features: Fencing and screening, noise reduction, sign and light control, landscaping, storm drainage, police and fire protection, on and off-site traffic control, off-~treet parking and loading and other matters relevant to assuring that the proposed development site fosters desirable conditions and compatibifity with the existing environment. There are but three additional site development issues that should be addressed in order for the application to be considered appropriate at this location. The Development Plan proposed includes a dedication of a 1 Q- foot wide easement for use as a " Boardwalk"along Santa Rosa Sound. It is likely that the Marina development to the east of the request will remain in place for several years. Therefore construction of a boardwalk would end at the east end of the subject property. It would be desirable for the applicant to provide a north- south easement along the west property line to connect from the sidewalk at US9S and the proposed boardwalk. The proposed site plan calls for existing sidewalks to be demolished along the east property line. These sidewalks could provide access to the waterfront until the soundwalk could be continued east of the request site. In addition, the City is requesting that a permanent pump- out station be installed for use by the wet slips. The driveway into the request site lends itself to motorists attempting to drive westbound in eastbound lanes to reach the nearest cut in the median dividing the four-lane highway. The site plan should be amended to have a driveway designed as a right- in!right-out only configuration to prevent motorists from attempted to exit westbound. d. The proposed conditional use will not have an adverse effect on the health, safety, morals, general welfare of permitted uses located in the same or adjacent DEVELOPMENT ORDER FOR CONDITIONAL USE FOR MARINA- FINDINGS OF FACT MPB CASE# O>~ CU PAGE 4 zoning district as the proposed conditional use is adjacent to a similar use which is expected to lease the request site and operate the marina. There are no residential uses nor limited commercial uses in the vicinity of the request that should be negatively impacted. The applicant states that the subject property has included the wet slips for many years. e. There are adequate public facifities and services available to serve the development proposed. The Public Works Department indicated that there are adequate existing utilities to service the request. Note that the City has been provided an easement for access to a sanitary sewer lift station adjacent to the property ( east). f. The proposed conditional use may require signage or exterior lighting that will cause glare or win adversely impact area traffic safety. The site plan does not indicate any exterior lighting which cause glare on adjacent properties. Signage is as provided at 32 Miracle Strip Parkway SWand no additional signage is requested or required. g. There is adequate ingress and egress to the proposed conditional use. The proposed site plan includes adequate access from one point of ingress and egress on Miracle Strip Parkway, which is classified as an arterial street. The current position of the access point to US 98 should be as a designed in/ right- right- out only. There have been many incidents where vehicles have driven to the median opening against traffic causing accidents. h. There is adequate provision for vehicular traffic movement. The proposed site plan' includes adequate off-street parking and attendant vehicular circulation area accessed from one point of ingress and egress on Miracle Strip Parkway. i.The proposed conditional use is consistent with the requirements of the LDC and all applicable local, state and federal regulations as the use and building are conforming to MUW-14 District regulations. j. The structures and uses associated with the conditional use do comply with all additional standards imposed on it by the mmprehensive plan authorizing such use and aU other applicable of the LDC as the use and building are requirements confQrming to MUW-24 District Standards. k. Conditions may be stipulated and made a requirement in granting the DEVELOPMENT ORDER FOR CONDITIONAL USE FOR MARINA- FINDINGS OF FACT MPB CASE # OS- 43- CU PAGE 5 application for a conditional use, even if the proposed use is determined to meet the a,bove criteria, when it is considered to further the intent to necessary protect the health, s~ fety and general welfare including but not limited to limiting the hours of business operation, limiting the number of occupants at anyone time, or any other condition. The applicant states that the marina and boat repair business has 8 employees and operates between 8: 00 a.m. and 5: 00p. m., Monday through Saturday. Conditions Stipulated and Made a Requirement of This Order: 1) The Site Plan " Sun King Office Lot Conditional Use Study" (Exhibit 3) shall be the approved plan for the development of the conditional use subject to review and approval by the Community Redevelopment Agency and City Council. 2) The approved marina use includes all uses specified in the term " marina" as currently defined in Section 12.20, Volume IV, LDC. 3) In no case may any additional buildings or impervious surfaces be sited on the minimum 50 feet wide Shoreline Protection Zone ( SPZ) shown on the " Sun King Office Lot Conditional Use Study"nor may any " boatyard operations" be conducted in the designated SPZ. 4) The applicant shall submit a Landscape Plan meeting the requirements of Section 12.460. 12, Volume IV, LDC, and consistent with the Site Plan approved referenced in Condition 3 above, prior to issuance of a building permit. 5) The subject property shall be subject to regulations regarding excessive noise as contained in Sections 5.04 and 9. 06, Volume II, Code of Ordinances. 6) Outdoor advertising ( signs) shall be timited to only those permitted in the MUW-24 District for commercial uses and as specified in Section 12,460. 11, Volume IV, Land Development 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 U$ 98!Miracle Strip Parkway right-of-way. 10) Install a permanent pump- out station prior to issuance of a Certificate of Occupancy. DEVELOPMENT ORDER FOR CONDITIONAL USE FOR MARINA- FINDINGS OF FACT MPB CASE # 05-43- CU PAGE 6 11) The driveway providing ingress to US 98 should be designed as a right- in/ right-out only. ORDER The application is approved subject to the conditions specified in this Order. This ORDER was adopted upon a show of hands with a vote of _ ayes to _ nays to APPROVE WITH CONDITIONS THE APPLICATION FOR A CONDITIONAL USE PERMIT FOR A MARINA LOCATED AT 38 MIRACLE STRIP PARKWAY SW, FORT WALTON BEACH, FLORIDA. Ordered this 5th day of October 2006, in Fort Walton Beach, FlOrida. October 5, 2006 Date of Issuance Judith Fiasco - Chairman, Municipal Planning Board City of Fort Walton Beach, Florida PO Box 4009 Fort Walton Beach, FL 32549-4009 850) 833-9604 This Order was prepared by Approved as to form and legal sufficiency: Len Mitchell, UR Plan. Mgr. Toni L. Craig.,Fla. Bar No. 115444 City of Fort Walton Beach 244 Racetrack Rd NE PO Box 4009