Fort Walton Beach Council agenda — 03-14-06 ‎(regular)‎ — reading text

SUBJECT: KINETIC BUILDERS, INC. (James E. Dowling AlA,Agent) Application for Rezoning from R-2 Multifamily Dwerling District to MUCC- 2 Mixed Use Community Commercial-2 District. DATE PREPARED: 1- 20-06 RESUBMITTED: PREPARED BY: Len Mitchell, Planning Manager REPORT DATE REVISION DATE J 20,2006 2,2006 Februa 28, 2006 March 14, 2006 GENERAL BACKGROUND 1. Location: The site is tocated on the south side of Park Circle SE at its intersection with Park Place SE (See location Map-Exhibit A). a. Major access: Park Circle SE b. Neighborhood: Beal Parkway c. 2000 Census Tra~ 226 and Block Group 2004 2. General features of the proposed project a. Gross acreage: 0.8 acres . b. Wetland acreage: None identified on Generalized Wetlands Map c. Dwelting units: One existing ( to be removed) d. Gross Density: Maximum of 12 dweUing units/acre e. Potable water and sanitary sewer service: Available from City of Fort Walton Beach f. Garbage and trash pickup: Available from City of Fort Watton Beach g. Recreation amenities: None proposed. 3. Current zoning of the applicant's property: R-2 Multifamily Dwelling District. 4. CUlTent surrounding zoning ( see Zoning Map-Exhibit B): a. North: C-2 General Commerciat b. South: R-2 Multifamily DwelUng  c. East C-2 General Commercial d. West: C- 1limited Commercial and C- 2 General Commercial 5. Directions, Comprehensive ? tan Future Land Use Map (FLUM) designation: MUCC, Mixed- Use Community Commercial . . 6. Surrounding FLUM designations ( see FLUM-Exhibit C) : North: GC, General Commercial) South: MDR, Medium Density Residential East GC, General Commerciar West GC, General Commercial 7. Existing Land Use-Existing land uses in the vicinity of the request indude commercial uses to the North, East and West General commercial uses such as auto repair and body shops, retail paint and tire stores and offices are adjacent to the north on the south side of Hollywood Boulevard SE. The auto repair business extends to the East of the request across Park Circte SE. (See Exhibit D- Existing Land Use). Theta are office uses west Of the request.The request site indudes the building housing the appHcanfs business, which is considered a nonconforming use in the R-2 District. The area around the request site indudes the following land uses: North: Paint and Tile stores, and auto repair and paint and body shop South: Mixed single and multifamily dwellings East Auto repair West Business offices B. PROJECT DESCRIPTION The applicant, Kinetic Builders, Inc. has requested to rezone the O. 8- acre site from R- 2, Multifamily DweDing District to MUCC- 2 Mixed Use Community Commercial- 2 District in order to zone it to a district that is considered consistent with the Future Land Use designation. The request site indudes four parcels comprising three platted lots in the Howard GUI Subdivision. The applicant acquired the East 80 feet of Lot 11 in 1979. Subsequently, the applicant acquired Lot 9 in 1996, the rest of Lot 11 and Lot 10 in 1998. The site is currently undeveloped, except for a commercial building ( 1.479 sJ.) housing the applicants business Kinetic BuUders, Inc., and an older frame. residence 762 s.f.)which the applicant states is to be demolished upon development of that portion of site. The request does not include consideration of site plan approval for new development. C. PROJECT CHRONOLOGY The lots in the request parcel were initialJy zoned R- 1 ( Single Family DweUing) District in 1960. In 1977 Lots 10 and 11 were rezoned to C- 2. In 1982 the present structure on Lot 11 containing the applicant's business was constructed according to Okaroosa County Property Appraiser's records. 2  Lots 10 and 11 were rezoned to R-2 in 1986 as part of area-wide Southeast quadrant rezoning the City implemented in the mid 198( Y s. The property was first designated MDR on the FLUM in 1990 when the City first adopted Future Land Use maps as part of its Comprehensive Pfan: 2000. The property remained designated MDR when the Future Land Use maps were revised pursuant to the CRA Plan Update in 1998 and the new Comprehensive Plan -Directions" in 2000. That designation was considered appropriate as all lands in the same block were used for residential use except for the applicant's business which was tegally established in the time frame between 1977 when it was rezoned to C- 2 and 1986 when it was rezoned by the City as part of an area-wide rezoning effort. The appticant requested. and City Council approved a FLUM change from MDR to MUCC in July 2005. D. DETERMrNA nON OF APPLICABLE LAW 1. Laws appncable to this request include Directions: The Comprehensive Plan of the City of Fort Walton Beach: 2008 and the Fort Walton Beach Land Development Code. 2. NOTICE: The applicant is cautioned that the City is in the process of adopting revised land development regulations. AD projects must comp1y with the taws and ordinances in effect at the time of approval. If land development regulations are approved prior to this developmental proposal. this proposal must be revised to compty with the new regulations. E. CONSfSTENCYWlTH COMPREHENSIVE PLAN 1. Policies of the Comprehensive Plan that are furthered by the request include: Policy A.2.3-New development utilize existing water, sewer and solid waste collection systems in order to discourage urban sprawl and encourage redevelopment Policy A.3.5 - The City shan preserve and protect stable residentiaJ neighborhoods and prevent the following from occuning in residential areas: 1) subdivision design which proposes the undesirable impacts from through- traffic 1' T1OV8ft1erU$ through a neighborhOod~ 2)commercial deve10pment encroaching into residential areas; 3) new residential dweUings construded at a scale inconsistent with the character and design of the neighborhood or 4) adjacent development deemed incompatible with residential areas. Poficy A.3.6-The City shall require that any non-residential development, redevelopment or reuse which abuts a residential neighborhood submit a residential impact statement, prepared by a competent professional land planner, which details mechanisms to ensure compatibility, through buffering and landscaping, with the adjoining residential neighborhood and identifies programs to mitigate the impacts of noise. traffic, odor and glare which may be anticipated at the non- residential dev lopme!11. 3  Policy A.3. 7 - The City shaU require that an development ( except a development which includes not more than three dwelling units or a development which meets or exceeds aU minimum development requirements or design guidetines) be subject to the review and approval of the Municipal ?Janning 808m, orin the case of the Redevelopment Area, the CRA Board of Commissioners, of a site plan 10rtOO development, unless the deve.lopment has met the incentives to be provided in the new Land Development Code; including a requirement for commerciat development to be compact and in a readily accessible location for the market it is intended to serve, and not encroach into stable, residential areas. Policy A.3.8 - The City shan require landscaping and buffering to be provided in aft cases where any commercial land use adjoins a residential land use fo avoid a negative impact on the residential property. Policy A3.9 - The City shalf require additional open/green space to the extent physically possible and economically feasible for all new development, redevefopment and reuse projects, to indude a requirement for landscape islands in the interior of off- street parking or other vehicular use area to provide additional open/ green space. Policy C. 6. 5 - Minimize potential bighting influences. The City shall require that good principles and practices of land use planning and urban design ( such as landscape buffering and screening from adjacent incompatibte use) shall be required as part of the site plan approval process for an housing projects which propose more than three (3) dwetling units or any mixed- use projects within the City than contains more than three dwelling units of housing. Policy C. 6. 11- Assurance of Neighborhood Compatibifrty. The City shall review housing developments or mixed-use developments during the subdivision or site plan approvaf process to assure that such development shall not adversely affect the character, quality and/or integrity of existing residential neighborhoods. F. DETERM1NATJON OF APPROPRrA TENESS OF THE REQUEST The Municipal Planning Board in its report and recommendation to the City Council on the appropriateness of the request should study and consider the fonowing criteria and recommend whether or not each is met, if applicable. Staff has recommended findings for the MPB' s consideration. 1. The proposed zoning designation is contrary to the land use pattern. Adjacentpropettie$ to the south ofthe request are medium density attached residential in nature. Properties to the north and east are designated GC, General Commercial uses oriented to Hollywood Boulevard and are located in the C- 2 General Commercial District Areas to the west of the request are also designated for General Commercial use and are general commercial in natUre.The ~se is not contrary to the land use pattern as it forms a desirable transitional land use between the residential to the south and commercial to the north, east and west of the request. 2. The proposed change would create an isolated