Fort Walton Beach Council agenda — 04-10-2007 regular agenda — reading text

read. disclose, Ou a. e nQt a1.l. t:" copY: distribu.te or take a~ action in reliance.on the information. and a.ny: a.ction otb.er than itmnedia:te dclive:ry to the ~ moo reGipient is st:Ji:ctJ,: r prohibite~_ Jfyon have recciwd ilia .f; Q!.in ror~ e:: r: do not re:: d a. the inforxnati:on., ~ d pl~ : a,se edia.tely norlty 1"he sender by hn= telephone to :urange for a !" et1.inJ. of the original documents. If" you ar~ the na.med ient you ax:e not; re.e~ 1> a:t). thorlzed t: q reVeal any of tbis infOr:ma.tionto aJJ.y otbe.r mautb. -. omed person, And are hereby iUS'[ructed to destroy"th.E; iDfon atio:u . vhc: n no er need,ed_ . 1()~g- Odgfua1 Will Be Sent IT Re-q~(,;5ted Requitc:d 01:"  CITY COUNCIL MEETING April 1 0, 2007 Quasi- Judicial Agenda Consideration of a request for an amendment to the site plan for The Presidio, located at 124 Miracle Strip Parkway CDS Director) Community Redevelopment Board Recommendation: Approval (5-2) (4/4/ 07) Council Action 1st 2nd Vote: QJ- 5 Agenda Item Number:  CITY OF FORT WALTON BEACH, FLORIDA Community Development Services Department MEMORANDUM Date: April 5, 2007 To: Joyce Shanahan, City Manager From: Missy McKim, CDS Director Subject: Request for Site Plan Amendment for a Retaining Wall for a Pool Deck - The Presidio Condominium located at 124 Miracle Strip Parkway ( 03- 08- RD) REQUEST: The applicant, Gary McMichael, requests approval of an amendment to the site plan for Presidio, a condominium development located at 124 Miracle Strip Parkway. The amendment consists of an elevated pool deck with a retaining wall at 19. 6 feet NGVD, a pool deck area approximately nine percent larger than indicated in the approved site plan and a commitment to build that portion of the boardwalk adjacent to the pool deck. BACKGROUND: When the as- built foundation survey was submitted on December 12, 2006, it was discovered that the retaining wall for the pool had been partially constructed and was at a height significantly greater than the at grade pool shown on the City Council approved CRA Plan. A stop work order was issued for the pool area, and the applicant was requested to submit an amendment to the site plan prior to continuing construction of the pool deck and retaining wall. On January 12, 2007 an application for amendment ofthe site plan was found sufficient. The CRA Board of Commissioners reviewed the request for an amendment during the April 4, 2007 meeting and moved to approve the amendment and to accept all six conditions of the proposed development order. It is noted in the record that the applicant objected to Condition No. 2 of the order. The City Council reviewed the site plan amendment at their March 27, 2007 meeting. City Council requested that the Application be returned to the CRA with all materials included for an infonned recommendation to the City Council. The City Attorney stated that the motion will continue the case until the CRA makes a recommendation. DISCUSSION: The subject project is located in the MUW-24 zoning district. The applicant has submitted a letter from the architect and from the marketing director, an artist' s rendering of the front elevation with updated colors and an artist' s representation of the pool deck area. The letter from the architect addresses the requirements of the code, and the letter from the marketing director addresses the need for the amendment. The rear yard setback in MUW -24 is specific for properties adjacent to Santa Rosa Sound. d. Rear yard - Santa Rosa Sound: For properties with rear yard frontage on Santa Rosa Sound, a 50 foot setback shall be required. Only the following The Presidio Condominium Page 1 of 4 l:t 5  structures and uses may be located within the 50 foot setback and shall be located a minimum of 10 feet from the mean high water line: 1. Outdoor seating and dining areas, covered only by canvas awnings and open on three sides. 2. Administrative or retail buildings associated with a commercial marina or other water- dependent uses. 3. Accessory uses and structures associated with the principal uses permitted in this district including pools and pool decks, terraces, gazebos, restrooms and shower facilities, and walkways. 4. Accessory structures which are permitted within the rear yard setback shall be limited to one story in height. The total impervious area of the improvements shall be limited to 25 percent of the total lot area located within the 50 foot rear yard setback area. 5. A public boardwalk shall be permitted within the 50 foot rear yard setback area, located immediately landward of the mean height water line. The public boardwalk is exempt from the 25 percent limitation on impervious coverage within the 50' rear yard setback. ( Code of Ordinances Section 12.459. 5( 4) d.) The approved site plan shows a pool at grade with two walkways on either side, connecting from the pool deck to the two piers for the boat docks. The amended site plan shows a pool deck elevated at 19. 6 feet above NGVD, approximately 9'. 8" above natural grade. The walkways connecting to the docks are separate from the pool deck. Staff found this to be a substantial change of the approved site plan and required an application to amend the site plan. Staff has reviewed the proposed amendment and finds the following pertaining to the proposed amendment (Note: the original findings remain valid): 1. The pool, pool deck and restrooms are permitted within the 50 foot rear yard setback. 2. The pool deck meets the 10 foot setback from the mean high water line. 3. Although the pool deck has increased in size by approximately 9 percent, the impervious cover of the improvements within the shoreline protection zone is 16 percent, well within the maximum 25 percent allowed. 4. The height of the pool deck is within the one story building height permitted. The FEMA elevation is 9 feet, and a one story building is typically 8 to 10 feet to the ceiling ( without consideration of the height of the roof)above the FEMA required first floor. The pool deck is less than a one story building built at the FEMA elevation. 5. As stated in the letter from the marketing director, the amendment is based on the need to provide security for those using the pool area, to protect the pool and pool area from storm damage and to provide handicapped accessibility for the residents. 6. Restrooms are required to meet the FEMA minimum elevation of 9 feet. 7. The applicant has committed to construct and dedicate to the City approximately 170 feet of the boardwalk which is located between the two walkways to the docks. The applicant The Presidio Condominium Page 2 of 4  is required to provide an easement for the 10 foot boardwalk along the waterfront that includes the City' s right to build and maintain the boardwalk. 8. A retaining wall does not have a setback requirement. The retaining wall for the pool deck has greater visual impact than the pool and pool deck that were originally approved at grade. The applicant's commitment to construct approximately 170 feet of boardwalk helps to mitigate the immediate impact of the retaining wall. The City does not have the construction of the boardwalk in the capital improvement program at this time. In order to further mitigate the impact of the retaining wall from all views from the water and adjacent properties, staff recommends that the applicant complete the construction of the boardwalk along the entire water frontage. The location of the boardwalk should be as close to the water as possible, preserving the trees that are in close proximity to the water. CRA RECOMMENDATION: The CRA Board of Commissioners recommended approval of the proposed development order for the amended site plan for Presidio Condominiums with the following conditions: 1. The approval is based on the application and site plan developed by BVM Architect, project 03002, originally dated 8/ 13/ 03 ( not all plans are numbered or dated), the plans and elevations dated October 14, 2003, and the survey received October 14, 2003 by BVM Architect as amended by the following three plans: CRA Resubmittal - Site Plan Ground Level Parking C- 1.1 undated, South Elevation A- 2.2 dated 12/ 20/ 04, Third Level Plan - Monumental stairs at pool deck/Second level plan at pool deck A-0. 3 dated 12/20/ 04, and the as built foundation survey, dated 12 Dec. 06. 2. The applicant shall construct the boardwalk along the entire waterfront, protecting the trees that are in close proximity to the water. The design of the boardwalk shall be approved by the CRA Board of Commissioners prior to issuance of the building permit. The boardwalk shall be constructed prior to a Certificate of Occupancy for the building. 3. Prior to issuance of a Certificate of Occupancy, the City Attorney and Public Works Director shall review and approve the easement documentation for the City' s boardwalk along