Fort Walton Beach Council agenda — 05-13-08 regular agenda — reading text

Mayor presented the Student Ace awards to Anthony Nguyen of Choctawhatchee High School and Keaton Palmer of Fort Walton Beach High School. APPROVAL OF AGENDA Mr. Minich moved to approve the agenda as the business of the day. Mr. Garvie seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). CONSENT AGENDA Mr. Minich moved to approve the following Consent Agenda items. Mr. Garvie seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). APPROVAL OF MINUTES Approval of the minutes of the Council Workshop of April 8, 2008, the Regular Council Meeting of April 8, 2008 and Charter Review Meeting of April 15, 2008. 100 Regular Council 04 -22 -08 CONSENT AGENDA (CONT) BID NO. 08- 114, MAINLINE SEWER VIDEO INSPECTION SYSTEM UPGRADE Mainline Sewer Video Inspection System To award Bid No 08 -114, Purchase of One ( 1) Upgrade, to the low responsive, responsible bidder, CUES, Orlando, FL for a total cost of 59,213. 00, including a trade -in of obsolete video equipment from the existing system and selected options. MEMORANDUM OF UNDERSTANDING— INTERNET CRIME To authorize the Police Chief to sign a Memorandum of Understanding with ICAC ( Internet Crime) in order for the City to receive $ 1, 500 for intemet crime work. CITY /POLICE OFFICERS PENSION BOARD AGREEMENT To authorize the City Manager to execute the agreement between the City and the Police Officers Pension Board of Trustees to implement Section 845 of the Pension Protection Act of 2006. QUASI- JUDICIAL— ORD. 1754, REZONING AT 739 LOVEJOY ROAD The City Attorney read the ordinance by title. She announced a quasi-judicial proceeding and gave the oath to those who planned to testify. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF PROPERTY LOCATED AT 739 LOVEJOY ROAD, FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; MAKING FINDINGS OF FACT; REZONING PROPERTY FROM C -2 GENERAL COMMERCIAL DISTRICT TO MUCC -2 MIXED USE COMMUNITY COMMERCIAL DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; AND SETTING AN EFFECTIVE DATE. Daniel Amer, Agent for the owner, Armada Systems, requested the property at 739 Lovejoy Road be rezoned from C -2 General Commercial District to MUCC -2 Mixed -Use Commercial for the purpose of developing the property for a commercial use. Samantha Abell, Senior Planner, advised that Armada Systems sells hull and propeller cleaning scrubbers and polishers and related services, and the building will be utilized for retail and storage of associated supplies. She advised the Municipal Planning Board unanimously recommended approval at their April 3, 2008 meeting. As there were no objections, the Staff report was entered into the record. The Mayor opened the public hearing. There was none. Mr. Minich moved to adopt Ord. 1754 on first reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor ( Miller and Hartwell absent). QUASI -JUDICIAL —ORD. 1752, VACATE ALLEY RIGHT- OF-WAY The City Attorney read the ordinance by title. She announced a quasi-judicial proceeding and gave the oath to those who planned to testify. It was noted there was no applicant present. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY AND FINDINGS OF FACT; VACATING, ABANDONING, DISCONTINUING AND CLOSING THAT PORTION OF PUBLIC ALLEY AS MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE AND WHICH LIES EAST OF HIGHWAY 98 /EGLIN  101 Regular Council 04 -22 -08 ORD. 1752 ( CONT) PARKWAY AND IS ACCESSIBLE FROM STAFF DRIVE; ACCEPTING A DEDICATION OF PUBLIC ACCESS FROM CRYSTAL BEACH DEVELOPMENT COMPANY OF NWF, CRYSTAL BEACH DEVELOPMENT OF DESTIN, LTD., AND 99 EGLIN LTD., AND THEIR SUCCESSORS AND ASSIGNS; ACCEPTING AN INDEMNIFICATION AND HOLD HARMLESS AGREEMENT FROM CRYSTAL BEACH DEVELOPMENT COMPANY OF NWF, AND 99 EGLIN LTD, AND THEIR SUCCESSORS AND ASSIGNS; AND PROVIDING AN EFFECTIVE DATE. Mr. Reeves advised he rents from the developer but he has not spoken with him in awhile. Ms. Abell advised the Municipal Planning Board recommended approval at their April 3, 2008 meeting. As there were no objections, the Staff Report was entered into the record. The Mayor opened the public hearing. There was none. Mr. Minich moved to adopt Ord. 1752 on first reading. Mr. Garvie seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). FIRST BAPTIST CHURCH, REQUEST FOR 12 -MONTH EXTENSION Consideration of a request for a 12 -month extension of the development order for site plan approval for First Baptist Church of Fort Walton Beach First Street Parking Addition at 26 First Street SE. The City Attorney announced a quasi-judicial proceeding and gave the oath to those who planned to testify. It was noted there was no applicant present. Christy Johnson, Principal Planner, advised the site plan was originally approved by the City Council on April 24, 2007, but that the Church has had a shortfall in finances; therefore, they are requesting an extension to develop a 55 -space off -site parking lot at 26 First Street SE. Ms. Johnson informed the CRA recommended approval at their April 2, 2008 meeting. The Mayor opened the public hearing. There was none. Mr. Minich moved to approve the 12 -month extension of the development order for site plan for First Baptist Church of Fort Walton Beach First Street Parking Addition at 26 First Street SE. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). SITE PLAN APPROVAL, SUNRISE ON THE SOUND Consideration of a request for site plan approval to develop Sunrise on the Sound, a mixed use development located at 12, 14 and 16 Miracle Strip Parkway SW. The City Attorney announced a quasi-judicial proceeding and gave the oath to those who planned to testify. David Smith, Moore Bass Consulting, civil engineer of the project, presented background on the project, stating it was originally approved by Council on May 24, 2005 as a condo development, and approved a second time in 2006 to redesignate one of the condo towers as a resort condominium. 102 Regular Council 04 -22 -08 SUNRISE ON THE SOUND (CONT) Mr. Smith continued that since that time, the project has been revised to mixed -use nt to include 146 boat slips development p and a 176 dry d 9 a marina; a 100 -room hotel; storage restaurant; retail and office space; a recreational club; and a 100 -foot boardwalk that will be dedicated along the Santa Rosa Sound to the public. Mr. Smith informed that the project meets all the requirements of Ord. 1731, which allows dry storage facilities in the MUW -18 district, and Ord. 1732, which defines the criteria of dry storage facilities in the district. Pat Ballasch, aesthetics and makeup of the DAG Architects, discussed the architectural buildings. Mr. Ballasch commented the project will enhance visitors from the inter -coastal waterway who will stop to use the amenities, along with the vehicular traffic from Highway 98. William Hagerman, General Manager for the project, responded to Council questions that the entire marina is open to the public and the boat slips are transient with no overnight slips, and they are seeking DEP approval on the marina expansion, which is being submitted as a clean marina. Mr. Hagerman also advised there will be enough parking to cover all the parking requirements for the restaurant, the hotel, and the wet and dry slips. Discussion ensued regarding the safety on the boardwalk for the public, and Mr. Hagerman responded that gates are proposed on the boardwalk for the safety of pedestrians. Mr. Hagerman further advised there will be public access to the boardwalk, but the docks are not open to the public. Christy Johnson, Planner, advised the CRA recommended approval at their meeting of April 2, 2008, and also recommended that Staff work with the developer to create a winding sidewalk along Highway 98 to enhance visibility. She further advised that one of the conditions of the Development Order is the Unity of Title, to ensure that the three uses of the parcels will be part of the Unity of Title and parking will be provided for all of the uses. Ms. Johnson advised the Municipal Planning Board approved a conditional use permit at their March 6, 2008 meeting, and the use is incorporated as reference to the development order for the site plan approval. Further discussion ensued regarding the durability of the boat storage facility in the event of a hurricane. Mr. Ballasch advised the building is required to meet Florida building code requirements of any coastal building, which means it would have to meet winds of 140 miles per hour. He advised it was designed with concrete on the lower floor in the event of a storm surge, and close attention was paid when the building was designed. As there were no objections, the Staff Report was entered into the record. The Mayor opened the public hearing. There was none. Mr. Minich moved to approve the Development Order for Sunrise on the Sound, located at Mr. 12, 14, and 16 Miracle Strip Parkway, with conditions as recommended by the CRA. Reeves seconded motion. Council expressed their excitement about the project, particularly a hotel being on the water and a boat sales and restaurant encompassing the waterfront.  103 Regular Council 04 -22 -08 SUNRISE ON THE SOUND ( CONT) Dr. Pullen received clarification from the City Attorney that the conditional use order has been incorporated into the development order, and pursuant to the Code, the conditional use order is approved by the MPB who has the final authority on the conditions, and that has been accomplished. She continued that the development order incorporates these conditions, so if Council approves the development order, they are in fact approving what has been approved by the MPB in the conditional use. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). PUBLIC HEARING —ORD. 1760, BOAT LAUNCH /RECOVERY AND OVERNIGHT DOCKING FEES The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA;