Fort Walton Beach Council minutes — 11-12-08 special minutes — reading text

45 MINUTES OF THE SPECIAL COUNCIL MEETING OF THE CITY OF FORT W ALTON BEACH, FLORIDA DEVELOPMENT REVIEW COMMITTEE CURE NOVEMBER 12, 2008 INTRODUCTION A special meeting of the City Council of Fort Walton Beach, Florida, was held on Wednesday, November 12, 2008 at 5: 30 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Dennis Reeves, Bill Garvie, Dr. Wayne Pullen, Jim Hartwell and Mike Minich Absent: Virgil Miller Also Present: Joyce Shanahan, City Manager; Brandy Wunker, Finance Director; and Toni Craig, City Attorney Absent: Helen Spencer, City Clerk PURPOSE To consider the development order for the following projects to specifically review the actions of the Development Review Committee meeting conducted for each project: Landmark at 223 Miracle Strip Parkway SE and 206 Perry Avenue SE; O' Sullivan Creel Building at 45 Eglin Parkway NE; La Quinta Inn at 3 Miracle Strip Parkway SW; Harbour Place Apartments at 6 and 9 Bobolink Street NE; Dorsett Ventures at 220 Miracle Strip Parkway SW; Sunrise at 12, 14, 16 Miracle Strip Parkway SW; Joe & Eddie' s at 206 Florida Place SE; Alconese Terrace at 107 Brooks Street SE; Sullivan Condominiums at 504 SulJivan Street NW; and Beulah Baptist Rehab (Phase II) at 109 McGriff Street NE. CALL TO ORDER The Mayor called the meeting to order. PLEDGE The Mayor led in the Pledge of Allegiance. QUASI-JUDICIAL The Mayor noted that only the ten projects are on the agenda for the meeting this evening and they will each be addressed individually. The City Attorney explained the oath will be given at the beginning of each project, gave a little background on the reason for the meeting, and explained as they proceed through each project, staff will present first, then each developer will be able to state any objections, problems, agreement, or other issues with the Development Order, and then the public will be given an opportunity to ask questions. She noted the full Development Review Committee DRC) members, or a representative from the Department, are present. She further explained the reason for the meeting is because when the Development Review Committee meetings were held the notice was not given to the public; all of Council had notice, all the owners and developers had notice of the DRC meeting but a notice was not posted so that is the issue being cured tonight. She pointed out the agenda packets in the agenda that will be submitted are the same that were submitted previously and there have been no additional memos or anything else added to the packets. APPROVAL OF AGENDA Mr. Minich moved to approve the agenda as the order of business of the day. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor ( Miller absent). QUASI- JUDICIAL - LANDMARK Consideration of the Development Order for Landmark, issued on August 10, 2007, extended on August 12, 2008, to specifically review the actions of the Development Review Committee meeting conducted on May 24, 2007. 46 Special Council 11- 12- 08 QUASI- JUDICIAL - LANDMARK cont. The City Attorney asked if there was any disclosure from Council regarding any contact about this agenda item since August 12, 2008. The Mayor mentioned his attendance at a fundraiser where Mr. Howell andMr. Wright, who are both associated with the project, were present and he only asked how it was going and that is the only contact he has had since August 12, 2008. The City Attorney gave the oath to Malcolm Foley and Bruce Howell. She noted for the record that Mr. Foley has been sworn in and will not need to be sworn in again. Malcolm Foley, Planning Manager- Current, read into the record Development Order - CRA Site Plan Approval, CRA Case # 07- 02- SP - The Board of Commissioners of the Community Redevelopment Agency ( CRA) at its regular meeting held on July 11, 2007 considered the application ofFt.Walton Development Partners, LLC, Owner and Authorized Agent for the Landmark Center subject to this Order. The applicant requested site plan approval for the Landmark Center project consisting of a mix of uses including 18. 916 sq. ft. of retail and 11, 771 sq. ft. of restaurants on the first floor. A combination of 19, 032 sq. ft. of office space and 10, 870 sq. ft. of residential space is proposed on the second floor. The third floor consists of32, 007 ft. of residential space with a maximum of38 sq. units. The total commercial square footage is 49, 719 with 38 residential units on a parcel located at 223 Miracle Strip Parkway SE and 206 Perry Avenue SE, Fort Walton Beach, Florida, and identified as Okaloosa County Parcel 10 #24- 2S- 24- 0300- 000A- 0070, 24- 2S- 24- 0300- 000A- 006B, 24- 2S- 24- 0300- 000A- 001A and 24- 2S- 0300- 000A- 001 B. He entered into the record the Development Review Committee memoranda from Engineering Division City Engineer John Geurin dated April 30, 2007 and May 15, 2007, Utilities Department Michael Beedie dated May 24, 2007, Building Division Linda Carnley dated April 20, 2007, which were all distributed at the May 24, 2007 Development Review Committee meeting and incorporated by reference and made conditions of the Development Order. He submitted the staff report with the Development Review Committee memoranda into the record. Council received confirmation that the project does meet the current Codes of the City, that there were no changes since it was approved and there were no changes in any of the ten projects since they were approved by City Council. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Garvie moved to approve the Development Order, with no changes, issued for the Landmark project and that its effective date shall remain as originally approved and extended, if applicable. Mr. Minich seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor Miller absent). QUASI- JUDICIAL - O' SULLIVAN CREEL BUILDING Consideration of the Development Order for O' Sullivan Creed Building, issued on August 6, 2006, extended on August 14, 2007, to specifically review the actions of the Development Review Committee meeting conducted on May 30, 2006. The City Attorney gave the oath to Mark Siner, Choctaw Engineering and Pat Ballasch, DAG Architect. Malcolm Foley, Planning Manager- Current, read into the record Development Order - CRA Site Plan Approval, CRA Case # 06- 07- SP - The Board of Commissioners ofthe Community Redevelopment Agency (CRA) at a special meeting held on July 11, 2007, considered the application of a 12 month extension of the site plan for the CBG Waldorf Building, located at 45 Eglin Parkway NE in accordance with Section 12.43. 07 of the Land Development Code, subject to the conditions that were imposed upon the project by the City Council at their of 8, meeting August 2006, and the execution of a Development Order that incorporates previous conditions of approval and the extension of time . O' Sullivan Creel LLP requests a 12 month extension to construct a three- story 35, 000 square foot building. The project is located on a parcel located at 45 Eglin Parkway NE, Fort Walton Beach, Florida, and identified as Okaloosa County parcel 10 # 13- 2S- 24- 0000- 00 I 0- 00 I O. Special Council 11- 12- 08 47 QUASI- JUDICIAL - O' SULLIVAN CREEL BUILDING cont. Mr.Foley entered into the record the Development Review Committee memoranda from Utilities Department dated May 30, 2006, Public Works DepartmentE/ ngine ring Division dated May 25, 2006 and July 7, 2006, and CDS Department dated March 6, 2006, which were all distributed at the Development Review Committee meeting on May 30, 2006 and incorporated by reference and made conditions of the Development Order. He submitted the staff report with the Development Review Committee memoranda into the record. The Mayor opened the public hearing. Mark Siner, Choctaw Engineering and Pat Ballasch DAG Architect, were present and had no comment. As no one wished to speak the public hearing was closed. The City Attorney asked if there was any disclosure from Council regarding any contact about this agenda item, or any of the remaining agenda items since August 12, 2008. Dr.Pullen stated when the Harbour Place Apartments first came up he disclosed there had been discussion at a CDC meeting he attended, and he received a copy of an email pertaining to the Sunrise Development from the developer, which he did not request. Mr. Garvie moved to approve the Development Order, with no changes, issued for O' Sullivan Creel Building project and that its effective date shall remain as originally approved and extended, if applicable. Mr. Minich seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor (Miller absent). QUASI- JUDICIAL - LaQUINTA INN Consideration of the Development Order for La Quinta Inn, issued on August 8, 2006, to specifically review the actions of the Development Review Committee meeting conducted on May 30, 2006. The City Attorney noted for the record that Mark Siner and Malcolm Foley have been sworn in. Malcolm Foley, Planning Manager- Current, reported this particular project does not have a Development Order, at the time it was approved the minutes of the City Council meeting was the actual development order of record. He noted for the record the Development Review Committee memoranda from the Fire Department, Building