Fort Walton Beach Council agenda — 09-23-03 regular Council agenda — reading text

MUCC- 1 to be consistent. 5. The proposed change will adversely influence living conditions in the neighborhood. Adverse conditions that may have been created by the development of the commercially- zoned property may be averted by rezoning to the less Intense MUCC- 1 District (See ELU Map- Exhibit D). 5 6. The proposed change will create or excessively increase traffic congestion or otherwise affect public safety. There proposed change should result in less traffic volumes and create less traffic congestion than uses permitted in the C- 1 District. 7. The proposed change will create a drainage problem. There are no soil types that create drainage problems on the site. Any development on the site will require a stormwater plan per LDC regulations. The intensity of development and percentage of impervious surface will be less intense with proposed MUCC- 12 zoning as compared to potential development under existing C- 1 District 8. The proposed change will seriously reduce light and air to adjacent areas. The bulk development standards for the MUCC-1 District are more restrictive ow). Heights are limited to 36 than the comparable C- 1 District (see table be/ feet in MUCC-1, 160 feet in C- 1. Table 1 Comparison of C- 1 versus MUCC- 1 District Standards Standards C- 1 ( Existing) MUCC- 1 ( proposed) Intensity Height 150 feet 35 f, et. FAR None 25 2.. Land coverage 75% 75% Minimum lot size Area None None(CommerciaJ) 6, 000 sf (SF) 3,630 sf(TH) 7,300sf (MF) Width None 50 feet 18- TH) 25. 5( Minimum yards Front 25 feet 10 feet Side comer 25 feet 10 feet Side None* 7.5 feet 0. 0 feet(TH) Rear None* 20 feet 30 feet(Commercial) Performance standards No No Additional setbacks required adjacent to residential 9. The proposed change will adversely affect property values in the adjacent areas. Staff expects a positive affect on property values from the proposed change because the change reflects a moderate down-zoning in land use intensity. 6  10. The proposed zoning change win be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed change actually makes the request the same zoning as contiguous lands to the south and west. 11. The proposed zoning district will constitute a grant of special privilege to individual owners as contrasted to the public welfare. The requested change in zoning does not repre$ ent a grant of special privilege. As previously mentioned, applicant is taking action which will implement a change in the FLUM, that the City would otherwise have to accomplish. 12. There are substantial reasons why a reasonable use of the property cannot be accomplished under the existing zoning. The applicant owns other adjacent property zoned the same as the request. The change will place all of the applicants' property in the same district so that it can be developed as a unit. The existing district does not permit any residential development 13. Whether the zoning proposed is out of scale with the needs of the neighborhood or the City. The proposed change implements a zoning consistent with the MUCC FLUM designation. The neighborhood needs are being met. SUMMARY The proposed change will implement the FLUM designation MUCC by changing the zoning to a district considered consistent with that designation, MUCC- 1 Mixed Use Community Commercial- 1) District. ATTACHMENTS: Exhibit 1- Application/ Owners Consent and Designation Exhibit 2- Warranty Deed Exhibit A- Location Map Exhibit B- Zoning Map Exhibit C- FLUM Exhibit D-Existing Land Use Map 7  i . ;~ f:~~~TI~~ im: p , 20: BY:~ CITY OF FORT WALTON BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES APPLICATION FOR REZONING - Project Name: Tupelo Development Address or General Location: 6 Tup~ lo S. E., Jalton Fort ~. Beach, Florida PART ONE- APPLICANT INFORMATION APPLICANT Name: Mr. . & Mrs Ron. Yates 1520 Oyster Court Address: Salinas, CA 93906 8.-:': AGENT Don U. David, Jr., AI.A Name: III Ferry Road S. E. Suite A Address: Fort Walton Beach, F1. 32548 or, OWNER (if other than applicant) Name: Address: Telephone Number: 831- 449- 2150 PART TWO- PROPERTY INFORMATION T~ Parcel Number: 132524027000030160 Legal Description ( attach separate she,et if Lots 16 '& 17 Blk 3 necessary : Brooks. Addition Existing District: C- l 1~: Proposed Zoning District: MUCC- l Existing Future Land Use Map Designation: lvIDCC Proposed Future Land Use Map Designation: .same Area of ~~operty: 45, 000 sq. ft. acres Briefly Describe the Present Use of the Subject Property: Non developed. 4~ Briefly Describe the Proposed Use of the Subject Property: Townhouses or apartments or condominiums PART THREE- STATEMENT OF REASONS FOR REZONING The Land Development Code requires a statement justifying the rezoning. The valid reasons for approving a change in zoning include: A. That the zoning had previously been changed, or was originally established. in error; B. That there has been a change in circumstances which makes the current zoning inappropriate; and, C. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate to the property based upon circumstances particular to the site and/ or neighborhood. Identify the reason that applies and state specifically how your request fits within one or more of these reasons ( if additional space is needed, please use separate sheet) City had amended future land use map and we are implementing the mixed use comnunity cOJIIDercial land use designation. Has any application been filed with the City related to the property within the last year? (yES) ( NO). If yes, briefly describe the nature of the application. No  OWNERS CONSENT AND DESIGNATION OF AGENCY Mr. Ron Yates , I, : the fee simple owner of the folloWin.~ desc~~ed property ( give legal description): Lots 16 & 17 of Block 3- Brooks Addition Fort \-Jalton Beach, Florida Hereby petition to the City of Fort WaJton Beach to change the zone district C- l MUCC- l F rom T.0 Don W. David, Jr., AIA H And affirm that is hereby designated to act as agent on my behalf to accomplish the above. I certify that I have examined the application and that all statements and diagrams submitted are true and accurate to the best of my knowledge. Further; I understand this application; attachments and fees become part of the Official, Records of the City of Fort Walton Beach, Florida, and are not returnable. The foregoing instrument was acknowledge before me this c;2.. I day . of. . Jtit~t/5/ . . ' 20qL by . ~ o N V;t-#$ , ' Who IS personally known to me othas producedc~/ hA!Al/# b.lv6rt: l IC-~. '<: As identification and who' did take an oath. t'5 E, ~.. y / 7.# printed name of Notary Public) Signature of Notary Public) My Commission Expires /~ / C- ZoO c,/ Commission # /:<' 57 bb J- z5 Notary' s Seal) J a. . Notay Public - CoBb/ fa Monterey eountv My~~~~ 1:~ I f  AUG- 19- 2003 rUE 09:?' ~ KENDRIOK- DAVID- DOWLING FAX NO, 85066 P. 01 FRa'1 YRTES F'ROPERT'( -= ERUI CES FFIX HJ. : 831-449- 215e 11..19. 19 212103 06: 43AM P2 Ita~'I' I""D.:Jo~) t:I~" Ik<. ...,