Fort Walton Beach Council minutes — 10-09-07 regular minutes — reading text

option of putting in pavers instead of the brush finished concrete. Mr. Minich questioned discussion on the boardwalk when it is an easement issue. Mr. Miller pointed out it is subject to the design approval of the CRA on 5 September. The Mayor noted it is not a building permit. Mr. Miller expressed he is asking about the option of pavers instead of the brush finished concrete. The CDS Director explained if they plan to change what the CRA approved in September, they would have to go back to the CRA approval, and if they do not receive a DEP permit they will not be able to get a building permit. She said all the bases are covered and it is not part of the easement that is before Council. Mr. Hartwell wished to know if the easement is not granted, and it is a condition of the Development Order, if it will impact the Certificate of Occupancy. The CDS Director replied if the easement is not granted they cannot receive a Certificate of Occupancy based on the Development Order that was approved, they would have to come back to amend the Development Order. She mentioned it goes a step farther because the project is dependent upon the density based on the boardwalk easement, so it all ties together. She mentioned generally it is a procedural paperwork process to accept the easement. Mr. Hartwell mentioned the easement allows for the 10' building of a boardwalk and wished to know the impact to the Certificate of Occupancy if it cannot be completed on dry land and the Army Corps of Engineers does not approve it. The CDS Director replied the boardwalk would then need to be developed within the easement and they would work out the differences depending on what happened. Dr. Pullen commented a 10' easement does not say the boardwalk will be 10' wide and wished to II know how wide the actual boardwalk is going to be. The CDS Director stated she did not have a I~; s~ be 3' t~ le~~~ t ~~ ~~ u:':~~~~ l:'~tA~:;,,:~ t~~:~~; d ~: g~egi=~~~\i:~~. vndek' The CDS Director stated it could not be 3', it could be 9 W. She believed the minimum size for a sidewalk is 6' wide and the boardwalk is anticipated to be as wide as possible and she would hope it would be wider than 6', up to 10'.  Regular Council 10- 9- 07 169 EASEMENTS FROM PRESIDIO cont. The City Attorney mentioned that the Grant of Easement Document prepared two or three years ago to use as a blanket easement for the entire boardwalk anticipated problems where they are going to have to meander or go around some obstacles, or in the development have it more narrow. She said the language of the easement document provides for that and also states that the City shall have the right to determine the exact location of the boardwalk and to place it in accordance with all federal, state, and local laws. i Dr. Pullen questioned whether the City was staff or City Council. The City Attorney replied it would I fall to the Code and what is required as minor and major site plan amendments and it would depend on where they are at that point. She told Council she spoke with Mr. McMichael today and he was upset if it would have been pulled, but he is positioned to get a building permit next week and that is why the easement is a very big issue for him right now. She said if Council is concerned about the design of the boardwalk and want to see that, then perhaps they could separate the two issues; approve the easement as it is already sUbject to all the rules and regulations, then perhaps bring back the site design. She pointed out that will delay progress on that development. The CDS Director reminded Council that typically the easement is granted to the City, then the City is responsible for building the boardwalk but in this case the developer is building the boardwalk that will basically be 10', plus or minus a foot or two in one or two locations, and may have to meander around trees. Mr. Miller expressed understanding that the developer is very concerned about the Certificate of Occupancy because without it he cannot move people into the floors that are completed. He said he talked with Mr. McMichael and they would like to propose using pavers because they looked at the overall design and they would be willing to pay the extra cost to put in pavers to blend in with the other aesthetics of their facility, but they do not want to take the time to come back to the CRA because they are really concerned about the Certificate of Occupancy. He said if they had the option, they would like to go with the pavers in lieu of the brushed concrete. The Mayor pointed out they would present that when they apply for the building permit, once the easement is approved. The CDS Director said if they do want to use pavers she would want to see exactly how they are going to develop it because of safety issues and staff would have to look at it. She said staff can look at that as part of the building permitting process but what was presented to the CRA is consistent with what is elsewhere and is appropriate for the boardwalk. Mr. Miller wished to know if Council could give staff the approval of the design aspect of it so that it does not have to go back to the CRA. The City Attorney stated when the CRA approved the design they would still have authority under the Development Order that gave them the original authority. She said if Council wanted to look at r that and make some change then she would suggest that they bring the design back to Council I with a CRA recommendation. She commented that is still over and above what is done on the boardwalk designs because staff would already have the discretion to determine whether it is pavers or concrete. Mr. Miller commented if staff has the authority then there is not a problem. The City Manager stated they do not in this case because it specifically said in the Development Order that the CRA would approve the design; so it is impossible to say tonight what would be acceptable as far as pavers are concerned. She said if Council wishes to vote on the easement, then that is what staff would suggest and if Council has an issue about whether or not they want to see the site plan approval for the boardwalk and want it to come back to Council, she suggested that be a separate motion.  Regular Council 10- 9- 07 170 EASEMENTS FROM PRESIDIO cont. Mr. Garvie requested clarification on how the DEP permit to build over the water fits in with the 10' easement to build the boardwalk on land. The CDS Director explained it is a 10' easement and if they choose to build a 12' boardwalk and extend it over the water they can and a DEP permit would be required. Mr. Garvie questioned whether they have the option of not building the boardwalk on the easement. Both the City Attorney and the CDS Director replied no. Dr. Pullen received clarification that the 10' easement is from the mean high waterline landward. The Mayor opened the floor for public input. As no one wished to Mr. Minich moved to accept two Grants of Easements from Presidio sidewalk and utilities along the south side of Miracle speak public input was closed. Developers, LLC, for Strip Parkway ( US Hwy 98) and a I boardwalk along Santa Rosa Sound on the Presidio Condominium to the property, subject design approval by the CRA on 5 September 2007, and all federal, state, and City Code permitting requirements. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. GENERAL PUBLIC Kabe Woods, 240 Brooks Street, requested when Council considers identifying the top three legislative priorities to forward to the Northwest Florida League of Cities for the 2008 Legislative Session that the issue of removing/ reducing school funding from the ad valorem tax burden and replacing with a $ 0. 1 sales tax be made a high priority. SPECIAL PRESENTATION - YOUTHBIZ2015 Presentation by Willie Farrow on behalf of Youth Biz 2015. Reverend Willie Farrow gave a presentation on the Youth Biz 2015 Program that provides life changing opportunities for youth ages 16- 21 through education, training to develop job skills, and leadership development activities. He mentioned the community partnerships already developed and asked Council to consider endorsing Youthbiz as part of the Fort Walton Beach agenda moving forward. No action was taken by Council. PUBLIC HEARING: ORD. 1733 - REZONE FROM R.2 TO MUCC. 1 403 HOLLYWOOD BLVD NW The City Attorney read the ordinance by title and gave the oath to all individuals who may testify. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; RELATING TO THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY OF FORT WALTON BEACH LOCATED AT 403 HOLLYWOOD BOULEVARD NW; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM R-2 MULTIFAMILY DWELLING DISTRICT TO MUCC- 1 MIXED USE COMMUNITY COMMERCIAL DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. I> Mr. Garvie moved to adopt Ord. 1733 on second