Fort Walton Beach Council agenda — 11-14-2006‎(workshop)‎ — reading text

THROUGH: Missy McKim, CDS Director FROM: Len MitcheU, Planning Manager ~ SUBJECT: Conditional Use Permit for a Marina- Requested by Brian J. Lambert, 05-43- Agent for Santa Rosa Sound Complex, L.L. C., owner. (MPB Case # CU) ISSUE: J. Conditional Use Permit for Marina at 38 Miracle Strip Parkway SW. Requested by Brian Lambert, Agent for Santa Rosa Sound Complex, L. L. C., owner BACKGROUND: in The present Comprehensive Plan Future Land Use Maps ( FLUM) were adopted by the City 24, Mixed- use August 2000. The FLUM designated the area where the request is located MUW- Waterfront-24. Conditional uses may be approved by the Municipal Planning Board ( MPB) , approved with conditions or disapproved after consideration at a public hearing. The public participation process requires that the proposed amendment be considered in the by the MPB at a public hearing after posting the request site, legal notice placed notices mailed to affected property owners within 300 feel All of the newspaper and for this request have been accomplished within the public participation requirements timeframes prescribed by the Land Development Code. The following are the review criteria for a conditional use permit for which the Municipal and Planning Board may issue upon making findings regarding the application as toe whether the extent to which the criteria are met: a. The concfltional use is consistent with the goals, objectives and policies of the Comprehensive Plan and Neighborhood Plan, if one exists for the area in which the property is located; b. The conditional use is consistent with the character of the immediate vicinity of the land proposed for development, and designed so that it is consistent with the  harmonious development of the zoning district in which it is proposed; c. The design of the proposed c.onditional use will minimize any detrimental effects on neighboring properties, relative to the following design features: 1) Architectural design of the structures. 2) Open space and view corridors. 3) Fencing and screening. 4) Noise reduction. 5) Sign and light control. 6) Landscaping. 7) Storm drainage. 8) Sanitation collection. 9) Police and fire protection. 10) On and off-site traffic control. 11) Off-street parking and loading. 12) Other matters. relevant to assuring that the proposed development site fosters desirable conditions and compatibility with the existing environment d. The proposed conditional use will have no adverse effect on the health, safety, morals, general welfare of permitted uses located in the same or adjacent zoning district as the proposed conditional use; e. There areadequate public facilities and services available to serve the development proposed pursuant to the Concurrency Management System Element of the Comprehensive Plan; f. The proposed conditional use will not require signage or exterior lighting that will cause glare or will adversely impact area traffic safety; g. There is adequate ingress and egress to the proposed conditional use, and it is designed so as to minimize the curb cuts thereby reducing traffic congestion on the city' s roads; h. There is adequate provision for traffic movement, both vehicular and pedestrian internally and externally; i.The proposed conditional use is consistent with the requirements of the LOC and all applicable local, state and federal regulations; j. The structures and uses associated with the conditional use complies with all additional standards imposed on it by the comprehensive plan authorizing such use and all other applicable requirements of the LOG; and k. Any other conditions as may be stipulated and made a requirement in granting any application for a conditional use, when it is considered necessary to further the intent to protect the health, safety and general welfare including but not limited to 1) limitation on the hours of business operation and 2) limitation on the number of occupants at anyone time. DISCUSSION: Page 2 Staff has prepared a Conditional Use Technical Report which includes the application and the applicant' s narrative responses and exhibits including a site plan entitled "Sun King Office Lot Conditional Use Study". Through the conditional use process the Municipal Planning Board may approve applications for conditional use if the use is found to be appropriate based on the criteria specified in the Land Development Code. The Board may also place conditions on the proposed use If it feels the conditions are necessary to accomplish the purpose of the comprehensive plan and the LDC to prevent or minimize any adverse effects the request may have upon the public and the neighborhood. The applicant has provided narrative supporting the application including notice that The Boat Marina. lying east of the request site. will lease the property and operate the proposed marina. The applicant noted that there are 39 existing wet slips on the submerged part of the request site. Staff has no concerns regarding land use compatibility with adjacent land uses since The Boat Marina lies to the east and a transient lodging facility lies to the west The request site is one of few sites in the City where a marinas operation would be considered appropriate. Marinas are only permitted by conditional use in the MUW-24 District because there are commercial and residential uses permitted as principal uses in the district. The applicant plans to demolish all of the existing 2- story office building except the 1, 344 s. f. nearest to US 98/ Miracle Strip Parkway. That portion will be renovated and used as storage, electrical and water supply and restrooms. Five parking spaces have been provided for that building including a handicapped accessible space. Staff recommends the following Conditions be applied to the Development 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 aU uses specified in the term " marina" as currently defined in Section 12.20, Volume IV. LOC. 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. LOC. and consistent with the approved Site Plan 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 arid 9. 06, Volume II, Code of Ordinances. 6) Outdoor advertising ( signs) shall be limited to only those permitted in the Page 3  MUW-24 District for commercial uses and as specified in Section 12, 460. 11, Volume IV, Land Devetopment 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 US98/ Miracle Strip Parkway righto- f- way. 10) Install a permanent pump- out station prior to issuance of a Certificate of Occupancy. 11) The driveway providing ingress to US 98 should be designed as a right-in/ right- out only. RECOMMENDATION: Staff recommends approval of the request and issuance of a Development Order that includes the conditions specified in the draft Development Order (enclosed). Enclosures: Conditional Use Technical Report w/attachments Draft Development Order Page 4  CITY OF FORT WALTON BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES CONDITIONAL USE TECHNICAL REPORT 06 DATE: 9- 25- PREPARED BY: Len Mitchell. Planning Manager A. REQUEST: Conditional Use Permit for a Marina Use 1. MPB Case # 05-43- CU 2. Application submission date: 10- 12- 05 3. Tax 1.0. No. 23- 2S- Z4-4561- 0000-0010. 4. Address: 38 Miracle Strip Parkway SW 5. Legal Description: See attached deeds ( Exhibit 2) 6. Property Owner: Santa Rosa Sound Complex 7. Applicant Owner 8. Applicant's Agent Mary Alice Tucker and Brian J. Lambert B. GENERAL BACKGROUND: 1. Location: 38 Miracle Strip Parkway SW ( see Exhibit A). a. Arterial Street: U. S Highway 98/ S. R.301 Miracle Strip Parkway ( State maintenance) Undivided four-lane b. Neighborhood: Seabreeze 2. General features of the proposed project: a. Gross acreage: 24.755 s. f. 1 0. 0. 56 acres ( site plan) b. Wetland acreage: None identified on Generalized Wetland Maps. c. DweUing units: None d. Gross density: None re: application e. Ground floor area: 1, 344 s.f. ( 4, 114 s.f. to be demolished) f. Total floor area: 1, 344 s.f. g. Off-street parking area: 5 spaces 9' x 19' ( includes 1 handicapped) h. Total impervious surfaces: 17, 105 s. f. (proposed) i.Floor Area Ratio: 0. 54 e. Potable water and waste water service: City of Fort Walton Beach f. Recreational amenities: N/ A 3. Current Zoning of the applicant's property: MUW-24 Mixed- use Waterfront District. 4. Current surrounding existing land use and zoning: ( see Exhibits 0&8)