Fort Walton Beach Council agenda — 10-23-2007 regular agenda — reading text

regulations. Dr. Pullen questioned whether the plans are complete at this time. The CDS Director explained the CRA approved a site plan, which is a somewhat general not detailed plan. She said the requirement for the design of the boardwalk to be reviewed by the CRA was intended to review the exact location of the board walk because trees were involved and it was also dealing with issues such as landscaping adjacent to the building, lighting, and to ensure that the boardwalk would be done within the easement and done appropriate. She said it was a requirement over and above what is typical. 16ffegular Council 10- 9- 07 EASEMENTS FROM PRESIDIO cont. The CDS Director said if the easement is approved tonight, they will submit for a building permit and if the design of the boardwalk extends over the water, will need a DEP they that is permit required at the time of submitting for the building permit. Dr. Pullen commented he has asked for the DEP permit and it has not been provided. The CDS Director stated it will have to be provided when they submit for a for the boardwalk. building permit Mr. Miller moved to suspend Roberts Rules of Order for this discussion. Dr. Pullen [ seconded motion and it carried by a vote of 5 to 2 with Miller, Reeves, Garvie, Pullen, and Hartwell in favor and Holmes and Minich opposed. Mr. Miller mentioned the design of the boardwalk was approved by the CRA September 5th. The CDS Director confirmed the CRA approved the design; that there is a site plan design not a J detailed building permit. Mr. Miller expressed his understanding that Presidio came back and addressed either the CDS Director or Malcolm Foley about having the 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 is project 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 land and the completed on dry 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 0 know how wide the actual boardwalk is going to be. The CDS Director stated she did not have a detail design but it is within the 10' easement. Dr. Pullen questioned whether it could be 3' wide and still meet the requirements. Both the City Attorney and the CDS Director replied no. The CDS Director stated it could not be 3', it could be 9 %'. 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'.  10- 9- 07 Regular Council 169 EASEMENTS FROM PRESIDIO coot. The City Attorney mentioned that the Grant of Easement Document prepared two or three years where they are ago to use as a blanket easement for the entire boardwalk anticipated problems 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 to determine the exact location of the boardwalk and to place it in right accordance with all federal, state, and local laws. Dr. Pullen questioned whether the City was staff or City Council. The City Attorney replied it would J 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 he was and if it would have been pulled, but he is positioned to get a building permit next week upset 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 and separate the two issues; approve the easement as it is already subject to all the rules out that will delay progress on regulations, then perhaps bring back the site design. She pointed 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. Mr. Miller expressed understanding that the developer is very concerned about the Certificate of Hesaid Occupancy because without it he cannot move people into the floors that are completed. 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 said staff can going to develop it because of safety issues and staff would have to look at it. She of the but what was presented to the CRA is look at that as part building permitting process 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. under The City Attorney stated when the CRA approved the design they would still have authority the Development Order that gave them the original authority. She said if Council wanted to look at that and make some change then she would suggest that they bring the design back to Council with a CRA recommendation. She commented that is still over and above what is done on the J 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 CRA stated they do not in this case because it specifically said in the Development Order that the would approve the design; so it is impossible to say tonight what would be acceptable as far as wishes to vote on the easement, then that is what staff pavers are concerned. She said if Council would suggest and if Council has an issue about whether or not they want to see the site plan that be a separate approval for the boardwalk and want it to come back to Council, she suggested motion. 17cf-egular Council 10- 9- 07 EASEMENTS FROM PRESIDIO cont. Mr. Garvie requested clarification on how the DEP permit to build over the water fits in with