Fort Walton Beach Ordinance — 1762 rezone 13.39 ac Methodist Avenue — reading text

grant to the City a utility and pedestrian easement, if necessary, covering the subject property, in a form approved by the City Attorney, before a certificate of occupancy is issued. E. The and requirements of the Development Review conditions Committee that do not conflict with the provisions of this ordinance and as contained in the memoranda of the Zoning & Building Division, dated July 9, 2008, Public Works, dated July 11, 2008, City Engineer, dated February 8, 2008, Environmental Specialist, dated July 10, 2008, and Utilities Operations Manager, dated July 10, 2008, are incorporated by reference in this ordinance and the applicant and owner are required to timely satisfy them as required by the City. F. Pursuant to section 12. 47. 05( 6), Land Development Code, if the final development plan is substantially similar to the preliminary development plan, no further hearing shall be required and this ordinance and the Sound Side, a Planned UnitDevelopment project documents, as prepared by Jenkins Engineering, Inc., dated August 2008, shall be the final development plan and order. G. All improvements shall be made in accordance with the provisions of this ordinance and the project documents. The City Council must approve any substantial or major deviations from the approved plat or site plan. The Community Development Services Department may approve technical and minor deviations. Ord 1762 PUDAtty Final.Doc 5 SECTION 8. CONFLICTING PROVISIONS If any other ordinance, or parts of any other ordinance, or provision of the Land Development Code are in conflict with this ordinance, the provisions of this ordinance shall prevail. SECTION 9. SEVERABILITY Should any section, part, or provision of this ordinance 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, other than that part declared to be invalid. SECTION 10. VIOLATIONS Any violation of any of the provIsions of the development plan shall constitute a violation of this ordinance and may be subject to enforcement through chapter 1. 05 of the City Code and all other remedies available to the City. SECTION 11. EFFECTIVE DATE This Ordinance is effective upon approval by the City Council and signature of the Mayor. d~/ 1 Adopted r1!l;c2oC7ff Mike Anderson, Mayor Attest: Approved for form and legal sufficiency. I Ord 1762 PUD Atty Final.Doc 6  MPB MINUTES 10- 2-08 SUBMIT INTO OFFICIAL RECORD AT CITY COUNCIL MEETING 10- 14-08 MUNICIPAL PLANNING BOARD MEETING 10- 2- 08 SOUNDSIDE PLANNED UNIT DEVELOPMENT Janet Wilson - moving on, we' ll go on to public hearings which is quasi-judicial. Anybody that' s going to speak on this matter would you please stand City Attorney - madam Chairman, if I could this, go ahead and stay standing, we' re going to have a whole bunch of people sworn in and I'd like. to explain to the Board why we have so many of the staff here. There' s been an issue raised regarding the conduct of our Development Review Committee and so what we' re doing tonight is an attempted cure of any issue. And we will be going through with each of the DRC members that are available, their memos that have been put into this packet. So with that being said, if everyone who is either DRC or otherwise going to testify to raise you' re right hand, do you swear or affirm thetestimony you give will be the truth, the whole truth, and nothing but the truth. Thank you. And I'd also like to request from the City Clerk' s Office that, for just this portion of the meeting that we have a verbatim on it when you all get a chance. And as we go through, whenever you finish with the applicant and Ms. Abell then we' ll work on the DRC members. Janet Wilson - okay, that's fair enough. Is there anybody that needs, has anything from the Board that would like to disclose as far as having spoken with this individual or looked at the project ahead of time? Mr. Scott Charles Scott - I'm on the Beal Parkway Neighborhood Association Board and this project has been presented to the Association on a couple of occasions by a young lady Gail, I don' t know her last name, she' s talked about it and brought pictures about renderings of what it might look like. All they were trying to do was have the Parkway know what was going to happen so it wouldn' t be a surprise when the current buildings in Germany Terrace were tom down and here' s what's going to happen. It' s been valuable I think for the neighborhood group to know what' s going to happen so that it won' t be a big surprise to the people and it's made the neighborhood feel better about themselves because they can see the neighborhood is going to be upgraded with this project. I know about it and have seen the renderings and the land layout, where the buildings will be situated. Janet Wilson - okay great, anybody else? Mr. Tucker Jim Tucker - does this have anything to do with the minutes from 9- 9- 08 where Mr. Garvie mentioned the community, okay, the Mayor discussed his feelings that Council members disclose when they have discussed a particular agenda item with a Board or Committee member? Janet Wilson - yes sir Jim Tucker - this is what, this comes out of this? Janet Wilson - uh huh . . . . no, just if anybody has talked with the applicant or has anything else they need to offer we need to find out now and go ahead an expose it. Jim Tucker - okay, I'm having a little problem with that only in the fact that it restricts my ability to go out and talk to anyone. But if I do what you want me to. do is disclose it, is that right? 1 of 14 MUNICIPAL PLANNING BOARD MEETING 10- 2- 08 City Attorney - that's correct and it's just a matter of this being a quasi-judicial proceeding and everyone on both sides has the right to know who you talked to. And so it's just a matter of disclosing that and that' s the only issue. I think what you' re reading, is that from Council minutes? Jim Tucker - yes it is and that one got my attention more than anything in a while. City Attorney - that' s a different issue all together and not related to quasi-judicial Jim Tucker - then disregard. Janet Wilson - anybody else? Okay at this time can we have the applicant come forward with his presentation. Lloyd Strickland - with Home Corp Affordable Communities out of Montgomery. I think I've spoken to you all a couple of times, no offense to people who would still be bald but I was bald the last time I talked with you but after my chemo was over it's starting to grow back and it' s itching like crazy. Anyway and if I don' t like it I know what I look like bald now and I'll just shave it back off. Jim Tucker - I've been that way for 45 years. Lloyd Strickland - uh oh I'm not, well I am that old, I was going to say I'm not quite that old, but I am; time flies when you' re having fun. We' re here tonight to talk about Soundside Development. You know we' ve been talking about it for, maybe not you all but the group of us have been talking about it for probably over two years now. It' s been a long process, a lot of work; I've got a full set, a final set of plans over there ready to submit for permit review. I mean we' re that far along. Lot of money has gone into the project and now we' re at the point of getting it designated as a PUD. Excuse me Planned Unit Development, I didn' t mean to use that. But anyway, we' d like to get the PUD approved and have the replat which is going to take the 34 or 36, I can' t remember now, parcels replatted into one large piece of property. The City Council has deeded the " public park" to the Housing Authority so the entire piece of property is owned by the Housing Authority. We would like your approval to move forward with the PUD. The documents I think were submitted about a month ago, it's been advertised. There' s a lot of stuff in there. It' s a great development and we need to move forward. I was talking to the people at the County just a little while ago and in the last six or eight months as far as financing for this project, I've lost somewhere between $ 1. 5 and $ 2 million in financing for this project that I'm scrambling now to try to find. That' s what, in this market and I know you all know what's going on and it's not the stock, they keep talking about the stock market, it' s not the stock market it's the credit market. In this development we not only have debt but we have equity. We have people that are willing to put in $5 or $6 million for a benefit that they' re going to get from the IRS that that' s come down significantly in the last six months along with the struggle to get the debt piece secured. We were going to have an enhancement from Freddy Mac, I know everybody, I hope everybody knows what' s happened to Freddie Mac and Fannie Mae. We' re now moving to have it underwritten, enhanced by HUD. It doesn' t make it a HUD project, they just do the same thing Freddie Mac does but they also guarantee the construction loan. So that' s a whole another process that now we' re having to go through but it' s just because of it's, because it' s taken a long time and the credit market, credit and equity markets are just, have been devastated. I' m afraid if something doesn' t happen it' s going to get worse. So I'd like to move forward with this project. And that's my presentation. I think you all have seen it before, heard it before. City Council has seen it several times and I'd love to entertain questions if you have any. 2 of 14 MUNICIPAL PLANNING BOARD MEETING 10- 2- 08 Janet Wilson - anybody from the Board have questions from the applicant? Mr. Tucker Jim Tucker - to approve what you want, do we just have to approve case, Municipal Planning Board Case 08- 08, will that take care of it? Janet Wilson - we have an ordinance 1762 and we also have resolution 2008- 36. Jim Tucker - at the appropriate time I will make the motion that we approve it. Janet Wilson - okay, we' ll get to that, thank you. Any other comments or questions for the applicant? Mr. White, Ms. Glover Glenda Glover - well I, in going through this and you have been here a number of times and, as I understand it this is the first Planned Unit Development in our City. I just want to know, and you' ve re- emphasized how long it has taken you. Do you feel like that our City staff and those that are involved in this at all, that you were treated fairly and that you moved along at a pace that was a true pace or that you got jerked around? Lloyd Strickland - I don' t think I got jerked around. I think it's been a slow pace but I think I was treated fairly. I mean I understand when you do something that you' ve really never done before, because I'm the same way, I didn' t know all the particular details to be able to say, no you do this and you do this, right, I mean I didn' t know either. So it was a collaborative effort. It's just, it just has taken a while and I don' t think there' s been any jerking around. I don' t think I've been treated unfairly; it's just taken a long time. And it's, you