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

Current Land Use Zonina District North R.E. Offices HC Civic Center DC- 3 South Santa Rosa Sound NA East Marina MUW-24 West Transient Lodaina MUW-24 5. Comprehensive Plan land use designation: The subject property is currently designated MUW-24, Mixed Use Waterfront, according to the Future Land Use Map. This land use designation has been in place since August 22, 2000, when the current Comprehensive Plan was adopted. 6. Surrounding Future Land Use map designations: ( see Exhibit C) FLUM Designation North HC/ PL Hiohwav CommerciallPublic Lands South None None East MUW-24 Mixed- use Waterfront-24 West MUW-24 Mixed- use Waterfront-24 7. Proposed zoning: No change ( MUW-24) C. PROJECT DESCRIPTION: Zenina history- The subject property was zoned C- 2 General Commercial from 1960 until the City implemented the first Redevelopment Area Plan in 1983. The subject property was then rezoned DC-3 Community Commercial District. The subject property has been zoned MUW-24 Mixed Use Waterfront-24 since 2001 when the City implemented the 2000 Comprehensive Plan FLUM designation MUW-24 by rezoning the south side of the US98 from the Boat Marina to the west City Limits abutting the City of Mary Esther. Future Land Use- Future Land Use designation- The first Future Land Use Maps adopted by ordinance were those in the Comprehensive Plan: 2000, adopted in 1990. These maps designated the subject property as Mixed- Use Commercial/ Residential ( MU CIR). The Future Land Use Maps ( FLUM) adopted by the City in August 2000 as part of the Comprehensive Plan: 2008 re- designated the request site as Mixed-use Waterfront-24. Existina Land Use- The Sun King Offices Complex was approved by City Council as a platted subdivision on September 14, 1982. 2 The request site is developed with an 11, OOO:t.sJ. 2~story office building. The buildings were damaged by Hurricane Opal in 1995, renovated and damaged again by Hurricane Ivan in 2004. The building is unoccupied and in substandard condition and is pending demolition upon completion of the conditional use permit process. The request parcel includes 39 wet slips and impervious surfaces in the form of concrete paving utilized for off-street parking areas for the office and wet slips. According to the exhibits submitted by the applicant the request site was acquired from previous owner, as below: 2S- 24-4561- 1) General Warranty Deed~Tax I.D. # 23- 0000-0010- July 23, 2002 from James M . Tucker. The City of Fort Walton Beach was granted an easement by Santa Rosa Sound Complex, LLC in 2003 for ingress and egress to a sewer lift station as shown on the Site Plan ( Exhibit 4). The applicant's agent advised that the owner will be leasing the property to The Boat Marina. The applicant submitted on August 31, 2006 a Proposed Revised Site Plan for Sun Kin~ Offices Lot-Conditional Use Study ( Exhibit 3) along with a written response ( Exhibit 5) to the comments made by M. H. Foley ( Exhibit E) on the previous submittal. Applicant's proposal- The applicant has presented an application and a site plan requesting a conditional use permit for a marina: The applicant describes the existing use as follows: 1) " Formerly used as an office complex. Currently used as storage(personal not commercial)in interior of building. Exterior property (parking lot) used for dry dock and parking for marina". The applicant describes the proposed use as follows: 1) " Property to be used as parking for marina as well as dry dock for boat repair and maintenance. The marina and boat repair business has a total of eight employees and operators Monday through Saturday 8 a. m.- 5 p.m. Marina operation- 39 wet slips at dock adjacent to this upland property. Boatyard operation- Refinishing/painting boat bottoms, servicing props, general exterior boat repair". The applicant offered the following description of how the conditional use complies with Land Development Code: 3  We request a conditional use be granted for 38 Miracle Strip Parkway. Currently there is a six suite office building and parking lot on the property. We propose to demolish the maining section south two- thirds of the building and repair the remaining one third. The tT!# of the building will be used for storage, electrical and water supply, and restrooms. The cleared portion of the property win be used to dry dock boats while they are being serviced and also for parking. We are one of the only working boatyard marinas left from Pensacola to Panama City and the only one in Ft. Walton Beach. As more and more marinas go condo', the demand for our services has increased. This conditional use would allOw us to meet that demand as well as promote boating recreation and industry in Ft. Walton Beach". D. DETERMINATION OF APPLICABLE LAW: 1. Laws applicable to this request include " Directions, The Comprehensive Plan of the City of Fort Walton Beach: 2008", and the Code of Ordinances, Ci1y of Fort Walton Beach, Florida. 2. Section 12.94. 02 Review authority, Volume IV, Land Development Code, states that the Municipal Planning Boarq ( MPB), in accordance with the procedures, standards and limitations specified therein, shall approve, ap rove. with conditions or deny an application for a development for a conditional use after recommendation of the permit Department of Community Development Services ( CDS). 3. The following are the review criteria for a conditional use permit for a marina which the Municipal Planning Board may issue upon making findings regarding the application as the whether and the extent to which the criteria are met Analvsis- The Community Development Services Department has reviewed the proposal against the criteria found in Section 12. 94. 07, Volume IV, LDC, and has the following comments: In his Memorandum of December 22, 2005( Exhibit 5), the Zoning and Building Supervisor advised "the subject property is located within the MUW-24 Mixed Use Waterfront District. Pursuant to Sec. 20-696 ( e) ( 3) of the City's Land Development Code ( LOC) the proposed marina/watercraft repair yard will require approval from the Municipal Planning Board as a conditional use. The Community Redevelopment Area Board of Commissioners will also need to review the site plan and make a recommendation to the City Council who have final authority on the site plan". I have reviewed the submitted site plan for consistency with the City' s Code of Ordinances and have found the following deficiencies; 1. Show all improvements on the site plan including the docks and slips. Show the cross access driveway between the subject property and the property to the east Tucker ( ' s Marina). I believe the watercraft will be lifted from the water on the adjacent site and set on the subject site for dry dock repairs and maintenance. Show all easements including any access easements in favor of the city. A survey is required. The owner (Mary Alice Tucker), will be leasing the property to The Boat Marina, 4  therefore a cross-access easement is not necessary. A full copy of the lease shall be provided by the owner or owner's attorney upon or before final approval. A new survey of the property was undertaken and $igned and sealed drawing documents were provided upon that review May ( 9, 2oo6).J 2. What is the proposed use of the remaining portion of the existing building? Provide a floor plan. Are the boatyard operations to be performed on the remaining foundation of the demolished building? Complete.J 3. The parking requirement can not be determined until the above items have been adequately addressed and quantified. Boatyard operations cannot overlap onto required parking spaces. Complete.J 4. The proposed new use will require the site to meet aU code requirements of the MUW- 24 district. The lot coverage percentage ( impervious to pervious) of 75/25% must be met. Also, the landscape requirement is 15% of the site. Portions of the parking area will require a 5 ft. landscape strip along the edges of the vehicular use area ( east property fine, as well as, the 10 ft. landscape strip requirement along the front facing Miracle Strip Pkwy).( Sec. 2Q.. 1801 LDC). See zoning ledger on attached sheet A- 1. 0J 5. The rear yard setback along the Sound Waterway is 50 feet. Parking spaces or boatyard operations are not permitted within this required open space area. Accessory uses are permitted ( Sec. 20- 696 ( g) ( 3) ( d). Complete.J 6. A Sign plan has not been submitted with the proposal. Signage i~ subject to Sec. 20- 2010 of the city' s LDC. No sign shall be submitted since it exists on adjacent property.} 7. Pursuant to the City' s adopted CRA and Vision Plan, a Boardwalk easement will be required along the waterfront for the city's future boardwalk project. A 10' boardwalk easement ; s shown on attached Sheet A.- 1. 0. Easement documentation shall be provided by the City or Owner's Attorney and Recorded upon final approval of Conditional Use Request. Easement for City of FWB Lift Station access is attached]. Note: The applicant' s response to the above in their supplemental submittal of August 31, 2006 appears in bold italics below each commentJ E. RECOMMENDED FINDINGS~ 1. The existing zoning, MUW-24 Mixed Use Waterfront-24 District is consistent with the Comprehensive Plan Future Land Use map designation of MUW-24, Mixed Use Waterfront-24. The proposed use has been classified by the Zoning and Building 5 Supervisor as: marinas as a Conditional Use approved by the Municipa[ Planning Board, and is:therefore eligible to appfy for the Conditional Use Permit. 2. The Community Development Services.Department has reviewed the proposal under the criteria found in Section 12.94~07, Volume lV, Land Devetopment Code, fisted in Section D above, and recommends the fotIOWing: a. The proposed conditiOnal use is conststent with the goals, objectives and poncies of the Comprehensive Plan for the fotlowing' reasons: 1) A new Comprehensive Plan was adopted by the City in August of 2000. The Future Land Use Maps ( FLUM) were amended to re- designate the area where the request is kx:ated as Mixed Use Water.front- 24 ( MUW-24). The MUW land use designations are described as: 3. M"oced Use- Waterm>nt € MAP,