Fort Walton Beach Council agenda — 10-12-2006 ‎(regular)‎ — reading text

Condominium located at 113 Brooks Street SE to 1) change the location of front walk to Brooks Street 2) addition Building; of entrance gates at Brooks Streets and 3) elimination of inner fence surrounding midden mound. The City Attorney gave the oath to all individuals who expected to speak on the issue. Jay McMaster, 7505 Thomas Drive, Panama City, applicant and managing member of the NWEC Development, owner, went over the request for an amendment to the site plan with a change in location of a sidewalk, to eliminate the inner fence around the mound, and to add entrance gates at Brooks Street. He pointed out the letter from Dr. Prentice Thomas and stated the work would be completed by the end of the day tomorrow. Council questioned why the inner fence around the mound was being removed. Mr. McMaster replied that besides the fact the mound would look better without the fence, there will still be a fence around the viewing corridor to protect the mound. Discussion ensued regarding how well protected the mound would be if that inner fence were removed, and Mr. McMaster stated someone would have to either climb over the fence or a gate, that the fence around the boardwalk would be five feet, and that there is no way anyone can get to the mound unless it is done illegally. Mr. McMaster noted that he has agreed to do what Staff recommended, including lighting the mound and including warning signage. Mr. Tucker noted the rumors circulating regarding digging on the mound, and was advised by Mr. McMaster that the party was notified by him as the developer that there is no interest in allowing any excavations to be done on the mound by anyone. 56 9- 26- 06 Regular Council INDIANOLA CONDO ( CONTI Peggy Fowler, Planner, explained issues to protect the mound were discussed at length during the CRA meeting, and she advised the condominium documents clearly states that the mound is protected. She also noted the addition of marker signs and the lighting of the mound. The Staff Report was entered and accepted into the record. The Mayor asked if anyone from the public wished to address the issue. to Tommy Abood, 3857 Indian Trail, Destin, expressed concern for the mound in the future relating erosion, and suggested that a chain- link fence, laid flat on the mound, would act as a mesh allowing grass and vegetation to grow through it, thus holding it in place and preventing erosion. Dennis Compass, a Native American, suggested that the City Council adopt a resolution to protect both mounds that would prevent individuals/ groups to apply for permits to excavate. As there was no one else who wished to speak, the public hearing was closed. Mr. Tucker moved to approve the amendment to the site plan for the Indianola Condominium located at 113 Brooks Street SE and the issuance of a CRA Site Plan seconded Development Order with the conditions specified in the Order. Mr. Holmes with Holmes, Patterson, Campbell, Tucker, Pullen, motion and it carried unanimously Hartwell, and Minich in favor. and Council complimented Mr. McMaster on the attractiveness of the project and his efforts working with Staff to ensure the protection of the mound. SITE PLAN AMENDMENT - SAILWATCH LANDING and Consideration of a request by Elliott Mitchell, managing member of Sailwatch Landing LLC off- site parking lot parcel, for amendment to authorized agent for BLN, LLC owner of the proposed the Site Plan Development Order for Sailwatch Landing Condominium located at 185 Brooks office Street SE, to convert second floor residential condo of Brooks Street mixed use building to space. The City Attorney gave the oath to all individuals who expected to speak on the issue. Elliott Mitchell, of Sailwatch Landing, LLC, stated the opportunity has arisen to bring in a major would require changing the second floor of the three company that would benefit the City, and that Mr. Mitchell story building to office, and he would need to provide four additional parking spaces. would stated he has contracted to purchase the property across the street from Sailwatch and He stressed everything provide 10 additional parking spaces as opposed to Staffs request of four. with Sailwatch will remain the same except that one floor would be changed to office. Mr. Mitchell advised he has submitted a site plan for ten parking spaces rather than the required four and that he has agreed to put in a boardwalk on the property. Mr. Mitchell stated he objected to Item 2f of the Developmental Order which states: " If, in the future, a new development plan is submitted for the parcel located at 252 Miracle Strip Parkway SE, the applicant shall close one or both of the drives accessing US 98 and construct one drive accessing the parcel from Brooks Street." 2f, Ms. Fowler advised that Staff would agree to the wording " if feasible" being added to condition to read " If, in the future, a new development plan is submitted for the parcel located at 252 Miracle both of the drives accessing US 98, if feasible, Strip Parkway SE, the applicant shall close one or and construct one drive accessing the parcel from Brooks Street." Regular Council 9- 26- 06 57 SAILWATCH ( CONn The City Attorney questioned who would have the determination of feasibility; Ms. Fowler advised generally it would be at Staff's discretion. Missy McKim, CDS Director, stated if anything is done with the parcel besides using it as a parking lot. the request would have to go back before the CRA and City Council. She stated since it is restricted parking for the employees, it is her recommendation that condition 2f be deleted from the conditions, with the understanding any other use would have to go back before the CRA and City Council. Mr. Mitchell agreed to the deletion of Condition 2f. Ms. Fowler submitted the staff report into the record as amended, to delete condition 2f. Council received clarification from the CDS Director that the application did go before the CRA Board, but did not have a specific site plan for the parking lot. She informed the CRA to agreed move forward with the requirement that the site plan be prepared for the 10 parking spaces and that it be presented to City Staff to ensure all the City codes are being met, which it does. The City Attorney reiterated that the parking lot site plan did not go before CRA Board because it was not prepared, and that the CRA agreed to recommend approval based on conditions that all items missing at their meeting be prepared and submitted at this time, and she has confirmed all requirements have been met. The Mayor opened the public hearing. Chris Gibson, 249 Brooks Street, requested the area be made safe for the pedestrians and the disabled by extending the sidewalk on the north side of Brooks Street. The CDS Director advised it is a requirement that the applicant provide a crosswalk from the north side to the south side, and designed in a similar fashion to other crosswalks on Brooks Street. Mr. Mitchell advised he has agreed to connect Highway 98 and Brooks Street with a sidewalk. handicapped ramp, and a crosswalk at his expense. As there was no one else who wished to speak. the public hearing was closed. Discussion included that the parking is restricted for employee use and is not for the public. Dr. Pullen moved to approve the change in use for the Brooks Street building of the Sailwatch Landing Condominium and the provision of off-site parking on the property across Brooks Street from the condominium located at 252 Miracle Strip Parkway SE, and the issuance of a CRA Site Plan Development Order with the conditions specified in the Order, with the deletion of Condition 2f, with the condition the site plan for the parking lot goes to the CRA for approval. Motion died for lack of a second. Mr. Minich moved to approve the change in use for the Brooks Street building of the Sailwatch Landing Condominium and the provision of off-site parking on the property across Brooks Street from the condominium located at 252 Miracle Strip Parkway SE, and the issuance of a CRA Site Plan Development Order with the conditions specified in the Order, as amended, with the deletion of Condition 2f. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor.  9- 26- 06 58 Regular Council FINAL PLAT - BEAL OFFICE PARK SID Consideration of a request by Wilson & Scott Properties, Inc., Owner, for Final Plat approval for Beal Office Park Subdivision, a proposed plat of two ( 2) platted lots, for the purpose of transfer of ownership located at 32 Beal Parkway and 6- 8 Industrial Street NW. Len Mitchell, Long- Range Planning Manager, reported the Municipal Planning Board recommended approval. He advised the applicant was not present, and as there was no objection, the staff report was entered into the record. The Mayor opened the public hearing. As there was no one who wished to speak, the public hearing was closed. Campbell moved to approve the final plat for the Beal Office Park Subdivision, a Mr.