Fort Walton Beach Council agenda — 10-09-12 regular-with petitions — reading text

Attorney New language is underlined. Deleted language is stfiA -m. Packet Pg. 97  A ORDINANCE ( ID # 1996) Codification Instructions: Section 1 and 3 not codified. Sections 2 codified and numbered as stated into the City of Fort Walton Beach Land Development Code. Mike Anderson, Mayor Attest: Approved for form, legal sufficiency Helen Spencer, City Clcrk Hayward Dykes, Jr., City Attorney Additions are underlined; dplptwns are -.tF' pn. Packet Pg. 98  11. 2 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 9, 2012 Subject: 1870 Amends Ch 2 of th LDC, Table of Uses 1. 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, Staff has discovered several changes that need to be made in order to provide for consistency and clarity. 2. DISCUSSION: 2. L The following corrections have been made to Chapter 2, Section 2. 03. 02, Table of Permissible Uses: 2. 1. 1. Added an " S" in the CTP column for " Towers, radio, TV, telecommunications" this now allows communication towers as a primary use in the Commerce and Technology Park zoning district, given that they comply with other provisions of the Land Development Code, and state and federal regulations. Under the current 2012 LDC, towers are not allowed as a primary use in the CTP zoning district. This was on oversight during the 2012 LDC update. The proposed use is consistent with Section 2. 01. 03 ( C) under the description for the Commerce and Technology Park zoning district. The proposed use is also consistent with the Comprehensive Plan, specifically Policy A. 1. 5, which describes the allowable uses for the IND Industrial land use category. 2. 1. 2. Removed the " P" in the CTP column for " Recreation, outdoor, intense, such as go -karts, miniature golf, lighted courts and fields, water slides, boat ramps, and similar amusements ", which is consistent with the typical uses allowed in the CTP zoning district. The CTP zoning district is intended for industrial and high - tech activities as described in Section 2. 01. 03 ( C) of the Land Development Code. Commercial/ retail- oriented uses are not compatible with the uses in the surrounding area and are not permitted in the CTP zoning district. 2. 1. 3. Added a " P" in the MB column for " Recreation, outdoor, intense, such as go- karts, miniature golf, lighted courts and fields, water slides, boat ramps, and similar amusements ", which now allows these types of activities in the Mixed DOC ID- 1998 A Page I Packet Pg. 99  11. 2 ORDINANCE ( ID # 1998) Business and Manufacturing zoning district. As stated in Section 2. 01. 03 ( D), the Mixed Business and Manufacturing zoning district is intended to provide for a mix of light industrial activities, high -tech industrial activities, commercial, and office uses. 2. 1. 4. Removed the " T" in the CTP column for " Fuel/ gasoline station, may include convenience store, restaurant, automotive supplies, but not repair." The CTP zoning district is intended for industrial and high -tech activities as described in Section 2. 01. 03 ( C) of the Land Development Code. Commercial and retail - oriented uses such as a gas station are not compatible with the surrounding uses in the zoning district. The proposed revision is consistent with the Comprehensive Plan, which describes the allowable land uses for the Industrial land use category. 2. 2. The proposed changes are consistent with the Comprehensive Plan and the intent of the Land Development Code. 3. FINANCIAL INFORMATION: 3. 1. The ordinance has no direct financial impact on the City. 4. RECOMMENDATION: 4. 1. Staff respectfully recommends City Council approval of Ordinance 1970 to amend Chapter 2 of the Land Development Code. SIGNATURE BLOCK Stella Jones Completed 10/ 01 / 2012 10: 29 AM Tim Bolduc Completed 10/ 01/ 2012 12: 10 PM Ilayward Dykes Completed 10/ 01/ 2012 3: 14 PM Carole Jones Completed 10/ 02/ 2012 11: 29 AM City Manager Completed 10/ 03/ 2012 7: 26 AM City Council Pending Packet Pg,.100  11. 2 ORDINANCE ( ID # 1998) AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE TO AMEND SECTION 2. 03. 02, TABLE OF PERMISSIBLE USES, TO ADD COMMUNICATION TOWERS AS AN ALLOWABLE USE IN THE COMMERCE AND TECHNOLOGY PARK ( CTP) ZONING DISTRICT, TO ADD RECREATION, OUTDOOR, INTENSE AS AN ALLOWABLE USE IN THE MIXED BUSINESS AND MANUFACTURING ZONING DISTRICT, TO ADD COMMUNICATIONS TOWERS AS AN ALLOWABLE ACCESSORY USE IN CERTAIN ZONING DISTRICTS, TO REMOVE FUEL AND GASOLINE STATIONS AS AN ALLOWABLE USE IN THE CTP ZONING DISTRICT, AND TO REMOVE RECREATION, OUTDOOR, INTENSE AS AN ALLOWABLE USE IN THE CTP ZONING DISTRICT; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: 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 ofthe City Charter. Section 2. Amendment of Section 2. 03. 02, Table of Permissible Uses Section 2. 03. 02, Table of Permissible Uses, of the Land Development Code, is hereby amended as follows: R -1E R -1 R -2 MX -1 MX -2 VC CF CG CTP MB REC Zoning Districts: Principle Land Uses: Residential Uses Single -family P P P P P dwelling Duplex or triplex P P P structure Multifamily P P P structure Townhouse S S S S 1141' 1111" Manufactured S 5 homes Manufactured 5 Padrot Pg. 101  ORDINANCE ( ID # 1998) 011 homes in parks Nonresidential Uses Alcohol package P P P stare, no consumption on premises Animal hospital or P P veterinary clinic Arenas, band S S S shell, amphitheater, outdoor performance area Artisan studio P P P P Asphalt or P P concrete plant ATM kiosk P P P P P Bait and tackle P P P P Barber, beauty P P P salon, nail salons, aesthetician, skin care salon and similar Bed and breakfast S P P P ixis lodging P P P Building materials, building supply, enclosed lumber yard P Building materials, outdoor storage, onsite lumber processing Business support P P P P services, such as copying, mailing, printing, private mail service Car wash or S S S detailing facility 1 P 1 11. 11 I' ll, Cemetery Community P P P P P center, club, or lodge P P P P Cultural facility, Packet. Pg 102  11 .2 ORDINANCE ( ID # 1998) such as library, museum, ur gallery P P P P P Day -care ( child), nursery school, kindergarten, or pre -kindergarten P