Fort Walton Beach Council minutes — 07-24-1990 Regular — reading text

or condominium projects on parcels of no less than one acre may develop up to 31. 17 dwelling units per gross acre; provided that all height. bulk and open space provisions are complied with by the development. He said those two sentences leave out what happens if there is land less than one acre and want to build townhouse. apartments, or condominium projects. He asked which category it would fall under, the 16 units dwelling per acres, or the 31.17 units per acre. He noted the first sentence leaves out any apartment complexes, and the next sentence leaves out apartment complexes less than one acre. He said his question is. does the gross acre per unit correspond to the amount of land. He said one of the problems with lots on Cape Drive, not just the one he owns an interest in, if there is lot 8400 square feet and they use 20% of 16 it I a comes to 3. 2, if they use 20% of 31.17 it comes to 6. 23. He purchased the property he said when he understood he could get anywhere between 4 to 9 units; but clearly, under this Code it will limit development strictly to triplexes, and there are no regulations for triplexes. He then wished to know what he could do. 102 7/ 24/ 90 ORD. 1044 ( CONT.) Mr. Wyatt pointed out Mr. deVaux is asking the wrong people what to do because the facts are not accurate; then stated Mr. deVaux had two weeks to answer this question and he should say to Council. here is the answer he found. Mr. deVaux said he is asking Council to change the first sentence to either include apartments, townhouses or condominiums; or change the second sentence to leave out less than one acre; then you would have to meet the development criteria under the current code. Mr. Wyattexpressed reluctance to make any change on second reading without it having been through a public hearing. and questioned why that change was not made by the Municipal Planning Board. Mr. deVaux said he spoke with the Planner today about his specific situation and he thinks he agreed he can easily put six units on that property; and he feels on the 5. 000 square foot he has invested property rights 100%. it is a planned unit development; on a question about the other piece. he has whether he has rights, and he is invested property asking Council to look at that piece of property. to look at the Code. and it is going to be a problem is the medium density is not changed in that paragraph. He asked if the intent is to exclude apartments and condominiums in the 16 dwelling units per acre. Len Mitchell, Planning and Zoning Director. stated Mr. deVaux is partly correct on his particular lot because he did not think in either case the densities would limit him to either 16 or 31. 17 units. He said if that is the case, then the existing zoning on the property is going to rule and whatever that would yield is going to be the limiting factor. as far as that particular property. He said the most restrictive of the Plan or the Zoning will be the one that rules; if the subject is not addressed right now. then you refer to the zoning in order to determine how to build. He said the zoning code is always going to rule unless the Comprehensive Plan is more restrictive. then once the Land Development Regulations are put in place. they will both be virtually the same. Paul Singleton, 41 Mooney Road, NE. said what concerns him not knowing how to is interpret the Plan. He said he owns some property located directly across from Fort Walton Beach High School on Cape Drive where at one time he wanted to put multi- family. He said part of that particular lot went to Westwood Baptist Church, and. in reading the Plan, he does not know how many units he can put on the parcel remaining. He said he was confused on the Plan and he would like an interpretation. He said he is familiar with the acreage requirement which says, lots no less than one acre. and the lot now fits in that category; but not knowing what to do was his concern.  103 7/ 24/ 90 ORD. 1044 ( CONT.) Mr. Mitchell said if the Plan does not specify for the lot. then the zoning will rule. He said if there is a conflict between the Plan and the Zoning. if the Plan is more restrictive, then in order to be consistent with the Plan they have to enforce the Plan. He said, generally, as far as density goes. the zoning is probably more restrictive. I Mr. because if Wyatt wished it need to be are is less dealing than prudent addressed with to to a an know acre address all around. if is situation where there this not this Mr. was and, an addressed, if Mitchell isolated