Fort Walton Beach Council minutes — 03-28-06 regular minutes — reading text

r if t hey are destroyed by a hurricane or other occurrence. The CDS Director stated that regarding the vacant parcel in between, the City has been advised by the military that as long as any building does not exceed the height of the Presidio, there will be no further degradation to the mission of Eglin. With this in mind, she advised that Staff felt it was easiest to ,- exempt properties and state so in the ordinance. She informed the MPB was concerned about the differing heights of the three parcels, but stated the middle parcel would probably fall closer to 200 West as far as height. The City Attorney explained that Staff included in their recommendation the findings of fact which justifies the exemption of the three properties, while the MPB recommendation does not include those findings of fact. The Mayor opened the public hearing.  Regular Council 3- 28- 06 155 ORD. 1701 ( CONT) Bob Lee requested that the issue of view corridors be addressed if the height is lowered to 70 feet, and spoke against the exemption to the three parcels at 150 feet. Mike Crew advised he voluntarily lowered his project to 110 feet to confirm with Eglin' s mission, and stated if there are any exclusions or special exceptions for these he wants the same properties, exception for his project. Mr. Crew discussed his concerns regarding Staff going against what is stated in the Comprehensive Plan, which states the maximum height shall be 150 feet. Gary Vorbeck discussed the fact that the effect of the ordinances on the properties has not been addressed. As there was no one else who wished to speak, the public hearing was closed. Mr. Patterson moved to adopt Ord. 1701 on first reading. Dr. Pullen seconded motion. Dr. Pullen amended the motion to state there will be no exceptions to the 70 feet height limit except those buildings which are already built or permitted, namely, 200 West and the Presidio. Mr. Patterson accepted the amendment. The Mayor explained that the amendment would exclude the vacant property between 200 West and the Presidio, and that when developed it would be required to be 70 feet. The City Attorney advised since Mr. Patterson accepted the amendment, that stands as an original motion. She informed Lines 128 through 135 would have to be deleted, and to add the phrase "and as currently built," to Line 105, for the ordinance to state there are no exceptions. Mr. Patterson moved to adopt Ord. 1701 on first reading, deleting Lines 128 through 135, and adding the phrase " and as currently built" to Line 105. Dr. Pullen seconded motion. Council received clarification that the motion would allow protection for all units in that zoning that are presently constructed or under permit to be constructed that exceed the 70- foot height limit. The Mayor called for the vote on the motion and it carried by a vote of 4 to 3 with Patterson, Pullen, Hartwell, and Minich in favor and Holmes, Campbell, and Tucker opposed. Some members of Council expressed their concerns in regards to these ordinances, and the City Attorney advised that the height issue can be re- addressed by Council in the future. QUASI JUDICIAL AGENDA- SITE PLAN APPROVAL. ALTAVISTA CONDOS Consideration of Site Plan Approval for Altavista Condominium for a mixed- use officer/esort condominium development located at 220 Miracle Strip Parkway SW by Mike Crew, applicant for property owner, Crews Investment Miracle Strip, LLC. The City Attorney announced a quasi- judicial proceeding and swore in those individuals who planned to testify. Peggy Fowler, Planner, explained the project as a mixed- use office/ resort/residential condominium which are permitted uses in the MUW- 24 district, and that it meets requirements of the Comprehensive Plan, the LDC, and the CRA recommended approval with conditions. Ms. Fowler also discussed issues concerning cross access easements, calculation of parking, and height, and added these issues were addressed at the CRA meeting. As there was no objection, the Staff Report was entered and accepted into the record.  3- 28- 06 Regular Council 156 AL TAVISTA (CONT) Mike Crew, applicant, advised that agreements are in place with Pirates Bay to cover the Altavista' s sharingof parking and egress, but if the City requires more, they will work with the attorney for Pirates Bay, John Townsend. Mr. Townsend was present and confirmed Mr. Crews' comments. Mr. Crew distributed a revised color rendering of the project, with the addition of cars and people in order to see the scale of the first floor, and a drawing of the partial north elevation, which were marked as Exhibit 1. Exhibit 2 was a drawing of the architectural site plan with the portico, and Exhibit 3 was a revised drawing of the north elevation. Mr. Crew explained that the project has extra parking and it his intention to have half the units for permanent housing and the other half for transient lodging. Mr. Crew stated with the future influx of military personnel into the area, this would allow the flexibility for housing for those on TDY, while allowing for permanent housing as well. Also discussed was that the project is in the traffic exemption area. Mr. Crew introduced Jeff Prescott with Prescott Architects and Ed Stanford, site engineer with Jenkins Stanford Associates, and presented their qualifications as expert witnesses regarding the project. There were no questions from Council for either witness. Mr. Crew summarized that the projects meets all of the City' s requirements, has been approved unanimously by the CRA and Staff, and that he is willing to work with his neighbors on issues of parking, etc. He requested approval from Council for the site plan. Dick Gercak, 214 Miracle Strip Parkway, Pirates Bay UnitA, expressed his concerns regarding parking and the required number of spaces; the boundary/property line of Pirates Bay; and the elimination of the curb cuts on the Pirates Bay lot. When questioned by Council, the City Attorney reiterated that this project is not affected by the proposed height ordinance as the ordinance has not yet gone through second reading, and that the applicant was aware of the height issue, and she sees no reason to deny the project. She further advised that anything with a development permit or existing at the time is grandfathered in, and if Council approves the site plan tonight, a permit would withstand the height ordinance. Mr. Minich moved to approve the site plan for Altavista Condominium, to be located at 20 Miracle Strip Parkway subject to the following conditions: Note: This recommendation is based upon the application and site plan developed by Jenkins, Stanford & Associates, Inc. ( project 1050. 06. 001, dated February 10, 2006) and the architectural drawings and elevations developed by Prescott Architects, Inc. ( project #2601 dated 1/ 20/ 06). 1. Prior to issuance of a building permit: a) The applicant agrees to work with staff to allow for a 14-foot first floor elevation, more windows on the first three floors, and more articulation and detail on the upper six floors in order to ".. . assist in creating a pedestrian- friendly environment that is distinct from the suburban character of surrounding communities" ( Urban Master Plan). The applicant agrees to work with staff to extend the portico the width of the front drive only if it does not reduce the number of parking spaces. b) The site plan and conceptual landscape drawings that are affected by the addition of aportico shall also be revised. c) The project shall meet the requirements of LDC Section 12. 100. 03, Archaeological Resource Review, and Historical Preservation Act, as adopted February 28, 2006.  Regular Council 3- 28- 06 157 ALTAVISTA ( CONT) d) A landscape plan prepared by a professional landscape architect or nurseryman must be submitted and approved by CDS staff. The plan must comply with all applicable regulations in Chapter 12. 71 of the LDC, including design for an irrigation system with a well. The plan shall identify preserved trees on the site and include a note in the plan that states " No protected trees identified for preservation on this plan shall be removed without documentation from the City stating that the tree is diseased, dead, or poses a hazard." e) A valid executed cross- access, parking, ingress and egress easement with the owners of the adjacent properties to the east and west must be approved by the City Attorney. 2. Prior to granting a Certificate of Occupancy the condominium association documents shall be reviewed and approved by the City Attorney, and shall provide guarantees for continued maintenance of all common areas and a restriction on the use of the 24 units as transient lodging units unless adequate parking (2 spaces per unit) is provided for permanent residential uses. Mr. Campbell seconded motion and it carried by a vote of 6 to 1 with Holmes, Patterson, Campbell, Tucker, Hartwell, and Minich in favor and Pullen opposed. REGULAR AGENDA- ACCEPTANCE OF CAFR Consideration of accepting the Comprehensive Annual Financial Report of the City of Fort Walton Beach for the fiscal year that ended September 30, 2005. Angela Balent of O' Sullivan Creel LLP, advised the City is fine financially, with the only comment regarding the Golf Fund' s potential to experience a total net asset deficit in fiscal year 2005- 06 if additional remedies are not implemented. The Mayor left the meeting at 11 :05 p. m. Mayor Pro Tem Bob Campbell presided over the remainder of the meeting. Mr. Minich moved to accept the Comprehensive Annual Financial Report (CAFR) for the fiscal and it carried unanimously with year ended September 30, 2005. Mr. Tucker seconded motion Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. BEAUTIFICATION COMMITTEE APPOINTMENT Consideration of appointment to the Beautification