Fort Walton Beach Ordinance — 1681 view Corridor historic sites — reading text

BJ! TG1ADIl\ DAD 1. /-- 0 ORDINANCE 1681 In4 / - c1f- tJh AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; AMENDING THE DEFINITION OF " VIEW CORRIDOR" IN CHAPTER 12. 20, VOLUME IV, LAND DEVELOPMENT CODE, TO INCLUDE AREAS PERPENDICULAR TO BUILDINGS WITH HISTORICAL SIGNIFICANCE AND ARCHAEOLOGICAL SITES; AMENDING SECTION 12. 457. 05, SITE DEVELOPMENT STANDARDS, CHAPTER 12. 457, MUWw18 MIXED- USE WATERFRONT DISTRICT, VOLUME IV, LAND DEVELOPMENT CODE, TO ALLOW CANTILEVERED BALCONIES ABOVE THE FIRST FLOOR TO ENCROACH INTO VIEW CORRIDORS; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION I. AUTHORITY The authority for enactment of this Ordinance is pursuant to the powers for the City of Fort Walton Beach, provided in Section 2, of the City Charter; and Section 166. 021 ( 1), Florida Statutes. SECTION II. FINDINGS OF FACT The City Council of the City of Fort Walton Beach finds the following. A.The Comprehensive Plan, Directions, adopted by City Council on August 22, 2000, provides appropriate land use categories for public lands designated Mixed Use Waterfront on the Future land Use maps; and, B. The MUW- 18 Mixed- Use Waterfront District is one of the zoning districts designated to implement the MUW- 18 land use designation on the Future Land Use Map); and, C. The land Development Regulations do not permit balconies to encroach on required view corridors within the MUW- 18 District; and, D. Balconies located above the first floor of a building will not impede the view within a view corridor; therefore to allow balconies above the first floor is consistent with the public purpose of requiring view corridors; and E. Two public hearings have been conducted after giving due public notice pursuant to Section 166. 041, Florida Statutes, by the City Council of Fort Walton Beach. Page 1 of 5 SECTION III. AMENDMENT OF THE DEFINITION OF " VIEW CORRIDOR" IN CHAPTER 12. 20, VOLUME IV, LAND DEVELOPMENT CODE. The definition of "View Corridor" contained in the alphabetical listing of definitions in Chapter 12. 20, Definitions, of Volume IV Land Development Code, is hereby amended as follows. View corridor means a continuous corridor located perpendicular to the principal street, stretching from the street to the rear property line, and allowing views 0 f t he a buildinq with historic siqnificance. or an water-:- , archaeoloqical site. The view corridor roquirement is measured as a percentage of lot width; required side yard setbacks may be included as part of the view corridor. No structures may encroach the view corridor, but parking lots, access'J.' ays, pathways, and public boardwalks may be located within a view corridor, provided they are located at the natural grade of the property. Landscaping is pormitted \,.,ithin the view corridor, provided that all trees maintain six feet of clear trunk, and that shrubs and other vegetative ground covers are maintained at less than three foet in height. Fences may be located parallel to the view corridor, but shall not encroach the corridor. SECTION IV. AMENDMENT OF SECTION 12. 457. 05, SITE DEVELOPMENT STANDARDS, IN CHAPTER 12. 457, MUW- 18 MIXED USE WATERFRONT ZONING DISTRICT, IN VOLUME IV LAND DEVELOPMENT CODE. Section 12.457. 05, Site Development Standards, in Chapter 12.457, MUW- 18 Mixed Use Waterfront Zoning District, of Volume IV Land Development Code, is hereby amended as follows. 12.457. 05 Site Development Standards 1) Maximum density. 18 dwelling units per acre. Density bonuses for the MUW- 18 zoning district are listed in subsection 20- 694( m). 2) Dimensional standards. a. Minimum lot area. None. b. Minimum lot width. Minimum lot width for all uses is 100 feet. 3) Minimum yards. a. Front yard-- Except Brooks Street: 10 feet. b. Front yard-- Brooks Street: For properties with frontage on Brooks Street, a 20- foot setback shall be required. The 20- foot setback may be utilized by the property owner to develop diagonal on- street parking spaces and a public sidewalk. c. Side yard: 7. 5 feet. d. Rear yard: 20 feet. Page 2 of 5  e. Rear yard-- Santa Rosa Sound: For properties with rear yard frontage on Santa Rosa Sound, a 50- foot setback shall be required. The following structures and uses may be located within the 50-foot setback, but shall be located a minimum of 10 feet from the mean high water line: 1. Outdoor seating and dining areas, covered only by canvas awnings and open on three sides. 2. Administrative or retail buildings associated with a commercial marina or other water-dependent uses. 3.Accessory uses and structures associated with the principal uses permitted in this district including pools and pool decks, terraces, gazebos, restrooms and shower facilities, and walkways. 4. Accessory structures which are permitted to encroach the rear yard setback shall be limited to one story in height. The total impervious area of the encroachments shall be limited to 25 percent of the total lot area located within the 50- foot rear yard setback area. A public boardwalk shall be permitted within the 50- foot rear yard setback area, located immediately landward of the mean high water line; the public boardwalk is exempt from the 25 percent limitation on impervious coverage within the 50-foot rear yard setback. 4) View corridor. View corridors, equal to 35 percent ofthe lot width, shall be maintained through the site. Up to three separate corridors may be used to satisfy this requirement; the required side yard setbacks may be included as part of the 35 percent lot width requirement. The view corridor requirement is measured as a percentaQe of lot width; required side yard setbacks may be included as part of the view corridor. No structures may encroach the view corridor.but parkinQ lots. accessways. pathways. and public boardwalks may be located within a view corridor. provided they are located at the natural Qrade of the property. Cantilevered balconies may be permitted as lonQ as they do not proiect more than four feet into the view corridor and as lonQ as the bottom of the balcony is no lower than six feet above Qrade as measured from the crown of the main road. landscapinQ is permitted within the view corridor. provided that all trees maintain six feet of clear trunk. and that shrubs and other veQetative Qround covers are maintained at less than three feet in heiQht. Fences may be located parallel to the view corridor. but shall not encroach the corridor. 5) Floor area ratio. The maximum floor area ratio ( F. A.R.)shall be 3. 0. 6) Minimum floor area. A minimum floor area of 1, 000 square feet on the ground floor of the principal building is required for commercial uses. 7) Maximum lot coverage. Maximum lot coverage of all impervious surfaces shall be 75 percent. Page 3 of 5  8) Maximum height. a. Maximum height, east of Brooks Bridge right- of-way: 35 feet. b. Maximum height, west of Brooks Bridge right- of-way: 50 feet. c. The determination of height shall be as measured to the ceiling of the highest story or roof deck of a flat- roof building from the greater of the following: 1. The FEMA requirement for the first habitable floor; or 2. 18 inches above the elevation of the average crown of the adjacent road( s); or 3. The average grade of the property. d. Roof structures, parapet walls, elevator shafts, or architectural embellishments may extend up to 15 feet above the maximum permitted height. e. For the purposes of this section, a parking level that is below or partially below the FEMA requirement for the first habitable floor, with 75 percent of its floor area utilized for parking spaces, is deemed non habitable space and is excluded from the determination of height. The remaining 25 percent of the parking level' s floor area may be utilized for ingress and egress systems, including elevator shafts and elevator lobbies, stairwells, ramps and drives; restrooms and/ or pool bathrooms; and utility and equipment rooms or similar spaces utilized for systems necessary to the operation of the building or structure. A maximum of one parking level may be exempted from the height requirement, not to exceed ten feet in height, as measured from the finished floor elevation of the ground floor parking level. SECTION V. REPEAL OF PRIOR PROVISIONS In the event any ordinance or parts of ordinances are in conflict, the provisions of this ordinance shall prevail. SECTION VI. SEVERABILITY Should any section or provision of this ordinance, or any portion thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder, as a whole or any part hereof, other than the part declared to be invalid. SECTION VII. EFFECTIVE DATE. This ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. 4' 01.1j 4,OOb kh~ DOP r;r D MIKE ANDERSON, MAYOR Page 4 of 5 ATTEST: Approved as to form, legal sufficiency, and codification. 80 New language is underlined Deleted language is strickon Codification Instructions: Sections of this Ordinance to be Codified: Section III & IV Placement: Section III shall revise the current definition of "View corridor" contained in Volume IV, Chapter 12. 20. Section IV shall revise the current section 12.457. 05(4), contained in Chapter 12.457, Volume IV, Land Development Code Numbering: Section III N/ A Section IV 12.457. 05( 4)