Fort Walton Beach Council agenda — 02-08-11 regular — reading text

a U. 0 E M 0 ti M CO T v L 0 T T T a-+ i 0 E L V n Q To: Robert T. Mearns, City Manager From: Michael Beedie, Engineering & Utility Services Director Date: February 8, 2011 Subject: Ordinance 1846 to Amend the LDC 1. REOUEST: 1. 1. The City has received an application from Mr. John Dowd, Jr. from the Dowd Law Firm, who is the authorized agent on behalf of Carabelly, LLC, requesting to amend the Land Development Code ( LDC) to allow " Auto Parts Sales with No Installation" as a permitted use in the Mixed Use Community Commercial -2 ( MUCC -2) Zoning District. 1. 2. The applicant paid the required $ 925. 00 application fee and deposit on November 22, 2010. 1. 3. The applicant desires to locate a commercial business, Autopart International, within the City' s MUCC -2 District. In order to consider a request for development, the City must first consider whether to allow the use, as it is presently not allowed in the district. 1. 4. The applicant is requesting that Table 15 -2 of the LDC titled: Allowed Land Uses and Permit Requirements for Mixed Use Zones, be amended to include a " P" for Permitted" under the MUCC -2 category on the " Auto Parts Sales with No Installation" line. 2. BACKGROUND: 2. 1. The Land Use Designation History is as follows: The subject property is located at 10 Walter Martin Road NE. The property was designated as Commercial on the 1968 Future Land Use Map, Mixed Use on the 1979 Future Land Use Map, Commercial on the City' s 1984 Future Land Use Map, and Commercial on the City' s 1990 Future Land Use Map. 2. 2. The property is designated as Mixed Use Community Commercial on the City' s 2000 Future Land Use Map, and designated as Mixed Use on the proposed 2010 Future Land Use Map. 2. 3. Walter Martin Road NE is a commercial corridor surrounded on three sides by commercial zoning districts and commercial uses. The particular parcels zoned MUCC - 2 on the south side of Walter Martin Road NE abut medium -density residential housing to the south. In the previous Comprehensive Plan, the MUCC -2 zoning district was intended to serve as a " buffer" between the residential land uses to the south and  12. 9 commercial land uses to the north, east, and west. 3. DISCUSSION: 3. 1. Procedures for Amendments to the Code: 3. 1. 1. Section 13. 30.4 of the LDC states, " Text amendments to the LDC may be initiated by the City or private sector on forms provided by the DS Department, with recommendation by the MPB to the City Council who has final authority on any text amendment." 3. 1. 2. Section 163. 3194( 3)( a) of the Florida Statutes states, " A development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government." 3. 2. Consistency with the Comprehensive Plan: 3. 2. 1. The applicant is making an application based upon the updated Comprehensive Plan, which is scheduled for second reading and adoption by City Council in February 2011. 3. 2. 2. The subject property is designated as Mixed Use on the Future Land Use Map of the new Comprehensive Plan. 3. 2. 2. 1. The Mixed Use designation " allows multi -family residential in all housing types, single -family in specified zoning districts, commercial as defined for the COM category), limited industrial ( such as artisan studios or cottage industries), educational, public, civic, cultural, and specific tourist -related activities. Accessory uses to support allowable residential development include on -site amenities, such as pools, playgrounds, and recreational Allowable uses may be equipment. mixed within a building or development site. Industrial uses other than uses defined as limited industrial are prohibited. Accessory uses for all land allowable development within the MU category include transit stops and parking facilities. Specific standards for mixed use development within the MU category are provided in Objective A.2." 3. 2. 2. 2. The Mixed Use category allows commercial as defined in the Commercial Future Land Use category, as follows: " intended to provide locations for a wide range of commercial and business uses including offices, personal services, retail, " light" repair, studios, entertainment, hospitality, medical, commercial schools, civic or cultural activities, vehicle and equipment sales, service, or repair, commercial parking facilities, and other similar uses. Accessory uses may include parking facilities and transit stops. Commercial uses described for this category may be mixed within a building or within a development site. The land use category prohibits manufacturing, distribution centers, or other industrial uses. Transient and lodging uses are allowed and are not considered residential uses. Residential  uses are prohibited other than one on -site caretaker or security dwelling." 3. 2. 3. The current description for the Mixed Use Community Commercial -2 ( MUCC- 2) District in the Land Development Code reads: " The MUCC -2 zoning district is applied to the area along Santa Rosa Sound to provide for mixed -use districts that serve as buffer areas between commercial districts and residential districts. These, regulations are intended to create mixed -use districts that are compatible with adjacent residential areas; to encourage a pedestrian orientation by locating buildings close to public sidewalks; to permit local services and shops within walking distance of residential neighborhoods; and to require buffering of commercial properties from abutting residential properties. The maximum allowable density is 12 dwelling units per gross acre." 3. 2. 4. Although the description for the category is outdated and has been for some time, the description does not disallow auto part sales. The description does speak: of buffers between commercial districts and residential districts. In the new Comprehensive Plan, the approach to " buffering" land uses is modified. Entire districts and individual parcels are no longer " used" to buffer differentiating land uses. The new Mixed Use category is a true mixed use category, whereby commercial uses and residential uses may be adjacent to each other. Physical " buffers" will be provided to screen commercial uses from adjacent residential uses using landscaping and other physical materials. 4. STAFF FINDINGS: 4. 1. The request to allow " Auto Parts Sales with No Installation" in the Mixed Use Community Commercial -2 ( MUCC -2) Zoning District is consistent with the updated Comprehensive Plan. This district is found primarily on commercial corridors and in mixed use commercial areas. 4. 2. The