Fort Walton Beach Ordinance — 1629--Amend MUW-24 District — reading text

fRmancrs! ORDINANCE 1629 ist VYOS ane : AN ORDINANCE OF THE CITY OF FORT WALTON 7 : 7 BEACH, FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FINDINGS OF FACT; AMENDING SECTION 20-696, REGARDING THE REDEVELOPMENT PROJECT AREA, MUW-24 MIXED-USE WATERFRONT DISTRICT, TO AMEND THE DEFINITION OF TRANSIENT LODGING FACILITY AND ADD MIXED-USE RESORT AS A PERMITTED USE; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION I. AUTHORITY. The authority for enactment of this Ordinance is pursuant to the powers for the City of Fort Walton Beach, provided in Section 2, of the City Charter, and Section 166.021 (1), Florida Statutes. SECTION Il. FINDINGS OF FACT. The City Council of the City of Fort Walton Beach finds the following: A. The Comprehensive Plan, Directions, adopted by City Council on August 22, 2000, provides appropriate land use categories for public lands designated Mixed Use Waterfront on the Future Land Use maps; and, B. The MUW-24 Mixed-Use Waterfront District is one of the zoning districts designated to implement the MUW-24 land use designation on the Future Land Use Map); and, C. The existing Land Development Regulations utilize archaic and out-of-date terminology and do not provide appropriate development regulations for lands lying next to Santa Rosa Sound within the City; and, D. Two public hearings have been conducted after giving due public notice pursuant to Section 166.041, Florida Statutes, by the City Council of Fort Walton Beach. SECTION Ill. DIVISION 4. DISTRICT REGULATIONS, SUBDIVISION Xill. REDEVELOPMENT PROJECT AREA, SECTION 20-696. MUW-24 MIXED USE WATERFRONT DISTRICT. Division 4. District Regulations, Subdivision XIII. Redevelopment Project Area, Section 20-696. MUW-24 Mixed-Use Waterfront District is hereby amended, as follows: Page 1 of 5 (b) Definitions. The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Adult living facility means any building or buildings, section of a building, or distinct part of a building, residence, private home, boarding home, home for the aged, or other place, whether operated for profit or not, which undertakes through its ownership or management to provide, for a period exceeding 24 hours, housing, food service, and one or more personal services for four or more adults, not related to the owner or administrator by blood or marriage, who require such services. A facility offering personal services for fewer than four adults is within the meaning of this definition if it formally or informally advertises to or solicits the public for residents or referrals and holds itself out to the public to be an establishment which regularly provides such services. Floor area means the total area of a building, determined by measuring the outside wall dimensions of all enclosed floor area under roof, excluding basements, non-habitable attics, garages, carports and screen- enclosed areas. Floor area ratio means the total floor area of all buildings or structures on a parcel divided by the area of the parcel. Mean high water means the average height of the high waters over a 19-year period. For shorter periods of observation, "mean high water" means the average height of the high waters after corrections are applied to eliminate known variations and to reduce the result to the equivalent of a mean 19-year value. Mean high water line means the intersection of the tidal plane of mean high water with the shore. Restaurant means an establishment where meals or prepared foods, including beverages, are served to customers. Establishments dispensing foods of any kind solely for consumption off the premises and having no customer seating or tables shall be considered as retail sales establishments and not restaurants. Restaurants are hereby classified and further defined into two categories: (1) Restaurant, conventional means any restaurant where service to customers is primarily on-premises, indoors or outdoors, and providing no service to persons in motor vehicles. Conventional restaurants may include accessory carry-out service. Page 2 of 5 (2) Restaurant, fast food means restaurants specializing in short- order foods and beverages, including the preparation of food to be taken out and consumed off the premises, which may be entirely a counter stool-type operation, or may have any combination of counter stools, tables, booths, and service to persons in vehicles. building or group of detached or connected buildings, containing quest rooms designed or used primarily for providing sleeping accommodations for automobile travelers and/or tourists on a daily or weekly rate basis. Such establishments shall provide customary hotel/motel services such as linen, maid service, telephone, etc. Said use may also contain such ancillary facilities as conference facilities, restaurant, bar, recreational facilities, ballroom, banquet room, and meeting rooms. A transient lodging facility typically has rentals for periods of less than 30 days. View corridor means a continuous corridor extending from the street to the rear property line, and allowing views of the water. The view corridor requirement is measured as a percentage of lot width; required side yard setbacks may be included as part of the view corridor. View corridors shall not overlap where two or more corridors are provided, and shall be wholly contained on the subject property. No structures may encroach the view corridor, but parking lots, accessways, pathways, and public boardwalks may be located within a view corridor, provided they are located at the natural grade of the property. Landscaping is permitted within the view corridor, provided that all trees maintain six feet of clear trunk, and that shrubs and other vegetative ground covers are maintained at less than three feet in height. Fences located within a view corridor shall be no greater than 40 percent opaque. (c) Permitted uses. The following principal uses are permitted as of right, and all merchandise shall be stored and displayed in an enclosed building on private property: (1) Barber shops. (2) Beauty parlors. (3) Churches. Page 3 of 5 (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) Community centers. Cultural facilities. Dental offices. Dry cleaning establishments. Financial institutions, without drive-through facilities. Food stores, limited to 4,000 square feet in area or less. General retail sales, limited to 10,000 square feet in area or less. Health clubs. Medical offices. Mixed-use buildings, including permitted commercial uses, and residential units located above the first floor. (14) Mixed-use resort. (44) (15) Offices, including financial, professional, business, civic, and administrative offices. £45) (16) Public boardwalks. (46) (17) Public parks. (47) (18) Residences, multifamily. 448) (19) Restaurants, conventional. £49} (20) Tailoring services. (29) (21) Transient lodging facilities. (24) (22) Other uses which are similar in nature and no more intense than the uses permitted above. SECTION IV. REPEAL OF CONFLICTING PROVISIONS. in the event any ordinance or parts of ordinances are in conflict herewith, the provisions of this ordinance herein shall prevail. Page 4 of 5 SECTION V. SEVERABILITY. Should any section or provision of this ordinance, or any portion thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder, as a whole or any part hereof, other than the part declared to be invalid. SECTION VI. EFFECTIVE DATE. This Ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor. apopTeD: Jack ¥ 3005 MAYOR: Lb, HELEN Kt ee CITY CLERK Approved as to form and legal sufficiency. Note: Deletions are noted by strikethroughs-additions by underlines. DISPOSITION Page 5 of 5 CITY OF FORT WALTON BEACH, FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed ordinance at 7:00 p.m. on Tuesday, March 8, 2005, in the Council Chamber at Fort Walton Beach City Hall, 107 Miracle Strip Parkway, SW, at which time the City Council will consider its adoption into law. The ordinance in its entirety may be inspected at the Office of the City Clerk during regular working hours. All interested parties may appear at the meeting and be heard with respect tn this proposed ordinance. Cy SF FORT WALTON BEACH, FLORIDA NOTICE “OF — PUBLIC . HEARI A PUBLIC HEARING will held on the following AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDI Ch aL bead AUTHORITY; PROVIDING FINDINGS OF FACT; AMENDING SECTION 20-696, REGARD. March 8, 2005, in the REDEVELOPMENT PROJECT AREA, MUW-24 MIXED-USE WATERFRONT DISTRICT,TO Watton Beach City’ Hal, THE DEFINITION OF TRANSIENT LODGING FACILITY AND ADD MIXED-USE RESOE |07 Miracle Strip, Fark at which time PERMITTED USE; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERA theCity Council will con AND PROVIDING AN EFFECTIVE DATE. sider ts adoption info law. The ordinance in its atthe’ Ofte of he Ciy Clerk during regular Any person who decides to appeal any decision made with respect to any matter considered at such hearing w yor ng hours. Nor record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings fl ihe meeting and: be which record includes the testimony and evidence upon which the appeal is to be based (FS286.0105). proposed ordinance. " F AN ORDINANCE — OF The City of Fort Walton Beach adheres to the Americans with Disabilities Act and will make reasonable modi Te CTY OF Fort Wil for access to this meeting upon request. Please call the City Clerk, Helen Spencer at 850-833-9509 to make a PROVIDING OR AU. FOR AU- For Hearing Impaired dial 1-800-955-8771 (TDD) or 1-800-955-8770 (VOICE) or the City Hall TDD #850-8: HORT: PROVIDING Requests must be received at least 48 h in ad ing i ity ti q eceive eas ours in advance of the meeting in order to allow the City time to AMENDING SECTION requested service. TH REDEVELOPMENT PR R -MUW-24_ MIXED-USE WATERFRONT _ DISTRICT, TO, AMEND THE DEFI Helen Spencer LODGING FACILITY j AND ADD. MIXED-USE City Clerk RESORT AS A_PERMIT- 833-9509 TED USE; REPEALING CONFLICTING _ PROVI SIONS; PROVIDING FOR SEVERABILITY: AND PROVIDING AN ‘EFEEC- TWE DATE Any person who decides to appeal any decision made with respect to an matter considered at suc hearing will need a_rec- ord oF the proceedirigs, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be jased FS286.0105). e City of Fort Walton Beach. adheres to the Americans with Disabili- ties Act and will make reasonable modifications for access to this meetin .upon request. Please cal the City Clerk, Helen Spencer at 850-833-9509 to make a request. For Hearin impaired dial 1-800-955-8771 DD tl ORD. 1629 or ]-800-955-877 ICE) or the City Ha Roe 9 ees 925, vests must be re ceived at least 48 ho in adva nce ot the meet in order to allow the Page 7 of 8 C time to provide re- quested service. . leg. 1882 Feb. 25, 2005