Fort Walton Beach Council minutes — 01-24-06 regular minutes — reading text

City. These elements included 1) not allowing a good relationship of buildings on site and to adjoining properties; 2) not allowing for the most effective vehicular pedestrian circulation; 3) not meeting the CRA Plan objective for best use of developable vacant land; 4) does not implement the recommendations of the Urban Master Plan to  99 01- 24- 06 JOE & EDDIES ( CONT) improve pedestrian street quality; and 5) does not implement the recommendations of the Urban Master Plan to enhance the downtown commercial characteristics. She also reviewed the Staff Report as well as Staffs recommendation of denial of the project. Gerard Perillo, 206 Florida Place, applicant, advised that he could not sell the initial project as it was, so he took the plan and started over with a new architectural firm to create a project smaller in scale, but still feasible and a nice addition to downtown. He further advised he attempted to purchase adjacent property in order to locate the building off the triangle, but the owner of the property does not want to sell. Chris Kacena, Foley Design Associates, the architect, responded to each point of staff, including the parking ratiolland utilization; the financial feasibility to the applicant; and the road alignment. After careful review of the Staff Report by the applicant, there were no objections and it was submitted and entered into the record. Lee Bobo, Memorial Drive, voiced his support of the project. Council discussion included the right of a private property owner to use his property to its best use, without interference from government, as long as it meets zoning requirements; the fact that the City had ample time to work with DOT on the realignment of Florida Place; and that the City has approved plans to follow and they should be adhered to. Mr. Holmes moved to approve the site plan for Joe & Eddie' s Mixed Use Development, as an amendment to the March 14, 2001, Development Agreement, located at 206 Florida Place SE with the following conditions: Note: This recommendation is based upon the application and site plan developed by Foley Design Associates Architects, Inc. ( project Joe & Eddie' s Mixed Use Building," dated 8/ 19/ 2005 and 11/ 2/ 2005). 1 Because the adjacent Fort Walton Mound is listed on the National Register of Historic Places ( NRHP) there is a strong potential for both prehistoric and historic sites within the Joe & Eddie' s parcel. Based on recommendations from the archaeologist' s reconnaissance report for this parcel, prior to the City granting a demolition permit the applicant shall agree to the following: a. Removal of both buildings must be monitored by an archaeologist to assure as little disturbance of the site as possible. After the buildings are removed, the archaeologist will complete a Phase I survey to determine if any portion of the site is eligible for listing on the NRHP. This Phase I survey will be sent to the Florida Department of State, Division of Historical Resources, for their files. If the site has portions eligible for the NRHP, the applicant shall retain an archaeologist to conduct a Phase II and/ or Phase III investigation, including any required mitigation plans. These plans must be reviewed and approved by the City and the State Historic Preservation Officer. No building permit, including a foundation permit, shall be granted until this archaeological investigation is completed. 2 Prior to the issuance of a Building Permit: a. Acknowledgement from the Florida Department of State, Division of Historical Resources, that they have reviewed the summary archaeological report must be received by the City prior to the issuance of a building permit. If the State recommends any major site plan revisions based on their review of the summary archaeological report, the revised site plan must be re- submitted to the CRA Board and the City Council for approval. 100 01/24/ 06 JOE & EDDIE' S ( CONTI b. The plans must address all Items submitted by staff in memorandums distributed at the June 22, 2005 DRC meeting as follows: Public Works Comments: 1. There is an 8" water main available on the north side of Highway 98 under the street, with a 1 112" to 2" metered line off the main around 163 Miracle Strip; this could be used for the 2" water service. There Is a 6" fire line crossing Florida Place, this could be used for water and fire sprinkler service. The main line on Florida Place is on the other side of the street under the pavement. 2. According to office drawings, there is an 8" sewer service off Highway 98 that goes under 163 Miracle Strip. The line terminates at the manhole on the north side of the buildings on 98. This line services buildings on 98, which, according to the plan, are to be demolished. This line may also serve the western building on 98 that Is not part of this development (#159). Office drawings show #159 is serviced to the west through the Indian Mound property. This must be field verified. 3. Show the proposed fire sprinkler tap, If one is needed. Backflow preventers are required on all water service lines and to be installed on the private property; meters are to be in the righto- f- way. 4. The dumpster could be better served by rotating the dumpster site clockwise 45 degrees for a straight shot from Florida Place. There must be 10. 5 feet of clearance between the gates of the dumpster enclosure. 5. According to Section 20.755 of the City' s Land Development Code, 8 foot wide sidewalk is required along the right-of- way of Highway 98 and Florida Place. 6. Stormwater management plan must meet the City' s stormwater regulations (Article VII ofthe Land Development Code). Stormwater runoff from the entire site must be treated. 7. Notice must be filed with FDEP for the stormwater management plan prior to the City' s approval for a building permit. 8. Water and sewer impact fees will apply to a new development. Developer must complete an ERC Determination Form based on table provided in the impact fee ordinance or estimated water and sewer flows. Based on historic water use, a credit will be given for previous use of buildings on the site that are to be removed. 9. Water and sewer connection fees will be determined when the final utility plan has been submitted an approved. 10. Must meet FDEP environmental regulations and FDOT standards for sediment and soil erosion control. 11. The City anticipates realigning Florida Place to extend across Highway 98, through the public parking lot and tie into Brooks Street. The layout submitted does not allow for this future improvement. 12. The water system must be evaluated for the requested water demand. The City will assist in providing flow and pressure data to evaluate if adequate water can be provided to this development. Fire DeDartment Comments: 1. 6- inch numbers shall be placed on the address side of the t: building and on main entrance of commercial occupancies. 1',. ... 2. Lock box shall be installed with keys for occupancies. 3. Installation of a fire alarm system will be required. 4. Installation of a fire sprinkler system will be required. c. A landscape plan prepared by a professional landscape architect or nurseryman must be submitted and approved by CDS staff. 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,  101 01- 24- 06 JOE & EDDIE' S ( CO NT) or poses a hazard." The plan must comply with all applicable regulations in Section 12- 71 of the LDC. Design for an irrigation system with a well must be provided. 3 Prior to granting a certification of occupancy: a. If unexpected discoveries, such as Native American graves or lost historic I"" cemeteries were encountered, then documentation must be submitted that verifies guidelines set forth in Chapter 872, Florida Statutes ( Florida' s Unmarked Burial Law) were followed. b. Any utility easements required by the City/FDOT shall be executed. c. The condominium association documents shall be submitted to the City Attorney for review and approval and shall provide: 1. Wording that states no residential units may be leased or rented for less than 31 days. 2. Guarantees for continued maintenance of all common areas. 3. Notice of all easements that are to be granted for utilities, sidewalks, etc. Mr. Campbell seconded motion and it carried by a vote of 4 to 2 with Holmes, Campbell, Tucker, and Pullen in favor and Patterson and Minich opposed ( Hartwell absent). Chris Gibson, 249 Brooks Street, asked Staff to look into the issue with FDOT of the synchronization of the light at the corner of Florida Place and Highway 98 as it relates to pedestrian safety. AUTOMATIC AID AGREEMENT- FIRE DEPARTMENTS AND OKALOOSA COUNTY Dr. Pullen moved to approve the Agreement for Automatic Aid between Area Fire Departments and the Okaloosa County Department of Public Safety, and to authorize the City Manager and Fire Chief to execute the necessary documents on behalf of the City of Fort Walton Beach. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, and Minich in favor (Hartwell absent). WATERS EDGE AD/ HOC COMMITTEE APPOINTMENT Consideration of an appointment to the Waters Edge Ad/ Hoc Committee to serve and carry out all duties and obligations of the Waterfronts