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

F112 ORDINANCE ( ID # 1998) ux sown watereraftrentals Vehicles, P S env construction, heavy equipment, sales and rental Vehicles, storage P yards p P Warehousing, not including self - service storage Wholesalers P P Section 3. Effective Date This Ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. Adopted: Mike Anderson, Mayor Attest: Approved for legal sufficiency. Spencer, City Clerk Hayward Dykes, City Attorney New language is underlined. Deleted language is stricken. 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 Clerk Hayward Dykes, Jr., City Attorney mIm. Additions are underlined, del— w— -°' Packot Pg108  11. 3 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: 1872 Amends Ch 4 and 5 of the LDC 1. BACKGROUND: 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 I, 2012. Staff has been implementing the new LDC for approximately five months. 1. 3. During the past five months of implementation, Staff has discovered several inconsistencies that need to be corrected in order to provide for the most streamlined, clear, user -friendly document possible. This update also provides for clarification in procedures. 2. DISCUSSION: 2. 1. Section 4. 07. 04 was revised to clarify requirements for zero lot line developments. The section was intended to allow for flexibility in design for zero lot line developments; therefore, no specific dimensions were included for lot area or lot width. However, in order to provide more clarity, language was added that clearly explains the requirement and intent. 2. 2. Section 5. 01. 02 was revised to remove the maximum floor area for accessory structures. This section is not consistent with the intent of the 2012 LDC, which is to allow flexibility in design while still protecting property values and still within all other standards of the land development code, including setbacks and materials. This section was intended to be revised along with the 2012 LDC update. 2.3. Section 5. 01. 07 was revised to combine ( A) and ( B) into one statement for clarity. Section 5. 01. 07 ( D) was revised to provide for internal consistency with Section 5. 01. 09( C)( 7). 2. 4. Section 5. 01. 08 was revised to increase the maximum height of front yard fences from four ( 4) feet to six ( 6) feet in the R -1 B and YC zoning districts. This is compatible with the character of the area and consistent with the other fence height requirements in the MX -1 MX -2, CF, and CG zoning districts. 2. 5. Section 5. 01. 11 was revised to provide for a ten ( 10) foot rear yard accessory structure setback in the R -1E zoning district. The new twenty- five foot rear yard setback was intended to be consistent with the principle building rear yard setback; however, the DOC D. 1999 A Page 1 Packet P9. 110  11 .3 ORDINANCE ( ID # 1999) requirement is more restrictive than the previous land development code and places an unnecessary hardship on the property owner and creates multiple nonconformitics. The proposed change provides for closer internal consistency with other zoning districts in the City that allow for a typical rear yard setback of 7 1/ 2 feet. 2. 6. Section 5. 03. 05 was revised to add clarity in the requirements for temporary sign permits. The section now outlines what a temporary sign is as well as how long and how often a temporary sign may be permitted. 3. FINANCIAL INFORMATION: 3. 1. There is no direct financial impact to the City. 4. 4. 1. Staff respectfully recommends City Council approval of Ordinance 1872 to amend Chapters 4 & 5 of the Land Development Code. I[W"1IU 701: 1019 Stella Jones Completed 10/ 01/ 2012 10: 26 AM Tim Bolduc Completed 10/ 01/ 201212: 11 PM Hayward Dykes Completed 10/ 01/ 2012 3: 12 PM Carole Jones Completed 10/ 02/ 201211: 34 AM City Manager Completed 10/ 03/ 2012 7: 32 AM City Council Pending Packet Pg,111  11. 3 ORDINANCE ( ID # 1999) AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, AMENDING THE LAND DEVELOPMENT CODE TO AMEND SECTION 4. 07. 04, SPECIFIC REQUIREMENTS FOR ZERO LOT LINE DEVELOPMENT, SECTION 5. 01. 02, ACCESSORY STRUCTURES AND USES IN ALL ZONING DISTRICTS, SECTION 5. 01. 07, STORAGE BUILDINGS, STORAGE SHEDS, GREENHOUSES, AND DETACHED GARAGES OR CARPORTS, SECTION 5. 01. 08, FENCES, HEDGES, AND WALLS, SECTION 5. 01. 11 ACCESSORY STRUCTURES IN THE R -lE ZONING DISTRICT, AND SECTION 5. 03. 05 TEMPORARY SIGNS, TO CLARIFY REQUIREMENTS AND PROVIDE FOR INTERNAL CONSISTENCY; 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 ofthe Florida Statutes and section 2 of the City Charter. Section 2. Amendment of Section 4. 07.04, Site Development Standards for Zero Lot Line Development Section 4.07. 04 ( C)( 3), Site Development Standards for Zero Lot Line Development, of the Land Development Code, is hereby amended as follows: C. Site development standards 1. The uses permissible on a lot in a zero lot line development are limited to detached single -family dwellings on individually platted lots, including customary accessory uses according to standards for accessory uses set forth in Chapter 5. 2. Fencing, walls, trellises, and other similar features may be used as connecting elements between single- family dwellings on adjacent lots. Garages, carports, and utility storage structures shall not be constructed or used as connecting elements. 3. Lots shall be designed and buildings placed to meet the setback standards in Table 4. 07. 04. There is no minimum lot width or lot area requirement. The lot width and lot area shall be determined by the site design meeting the lot coverage and building setback requirements. Table 4.07.04. Site Development Standards for Zero Lot Line Development. Development Feature R -1 R -2 Setback, iu(erior side yard (feet) 0 0 Setback, opposite interior side yard (fee!) IS 10 PacketPacket Pg.Pg. 112112  11 .3 ORDINANCE ( ID # 1999) Setback, side street 15 15 Setback, front yard 25 20 Setback, rearyard 20 15 Setback, adjacent subdivision 10 10 4. Setbacks shall not include connecting elements. Patios, garden elements, and other similar elements are permissible within the side setback area. 5. The total lot coverage shall not exceed fifty (50) percent of the total lot area. 6. The maximum building height shall not exceed thirty- five (35) feet. 7. Access of a total of ten ( 10) percent of the linear length of the total perimeter wall area of the dwelling unit, as measured in plan form, shall be provided to exterior patio and court areas. Such access shall be totally visible and physically passable. 8. The wall of the dwelling located on the lot line shall have no windows, doors, air conditioning units, or other openings. However, atriums or courts shall be permitted on the zero- lot line side when the court or atrium is enclosed by three 3) walls of the dwelling unit and a solid wall of at least eight ( 8) feet in height is provided on the zero -lot line. Such wall shall be constructed of the same material as the exterior walls of the unit. Section 3. Amendment of Section 5. 01. 02, Accessory Structures and Uses in all Zoning Districts Section 5. 01. 02( C)( 3), Accessory Structures and Uses in all