Fort Walton Beach Council agenda — 05-10-05 — reading text

PARAGRAPH 380. 06( 19), FLORIDA STATUTES, FOR THE DEVELOPMENT ORDE FOR THE PREVIOUSLY APPROVED PIRATES' BAY DEVELOPMENT OF REGIONAL IMPACT RI).THE DEVELOPMENT IS LOCATED AT 214- 220 MIRACLE STRIP PARKWAY SW. RE STED BY CHRIS BOSWELL, AGENT, FOR DORSETT VENTURES, INC., OWNER. announced a quasi-judicial proceeding and swore in individuals expected to testify. The City Attorney her advised the item was properly noticed and that the applicant's agent has received a copy of the Staff eport. Len Mit ell, Long-Range Planning Manager, presented a history of the Pirates Bay DRI, discussed the defmif of a DRI, explained the DRI process, the noticed or proposed changes requested by Dorsett Ven es and the Pirates Bay Community Association, and the consideration of the stipulations regarding D.  MPB AGENDA 4- 7- 05 PIRATES BAY DR!rCONTJ Chris Boswell, agent and attorney for the applicant, Dorsett Ventures, Inc., advised he conferred . th Staff and the City Attorney prior to tonight's meeting and that he agrees with the memorandum sub tted to the Board, and he thanked the Board for consideration in this matter. Mr. Mitchell entered the Staff Report into the record. As there were no objections, the C the Staff Report into the record. The City Attorney clarified that when the essentially built-out agreement was firs onsidered by this Board and Council, issues were raised that some conditions of the Development Or r were not complied with, causing denial ofthe built-out agreement.However, this process tonight, whic is separate from the built-out agreement, is complete with no outstanding issues. The City Attorney explained her memorandum of advice and the stipul Ionregarding the DR!between the City and the applicant, Dorsett Ventures, Inc. She advised the stipulat' n provides a window of opportunity to address issues and for the developer to move forward. The Chainnan announced a conflict of interest because he has vested interest in the property, and would abstain from the vote. Mr. Lambert moved to recommend that City Council auth rize the Mayor to execute a stipulation with the foIlowingfindings, conclusions oflaw and conditions: The last development order has expired. 2) The DR!is not in compliance with the last developme t order, and does not satisfy the criteria of an essentially built out development of regional imp t" because a) the build out date expired; b) annual reports were not submitted; c) no archaeological rvey has been made; and d) the previous development s orders are not consistent with the City' s Compre ensive Plan. 3) The requested extension ofthe build-out date to August 2009 creates a substantial devia on. 4) Pursuant to Section 380. 06(15) ( g), the City cannot issue a permitfor development ofLot 2. 5) this time, there is no application for development of Lot 2. 6) However, without the ability to have ape mit issued, the property cannot be developed. 7) Development ofLot 2 will require further development- 'f- regional impact review. 8) Development ofLot 2 must be in compliance with the City' C omprehe sive Plan. 9) Dorsett Ventures and the City will execute a s stipulation expressing the understandi g of each party at this time. 10J The Stipulation will be recorded in the Official Record ofOkaloosa Co ty, Florida, at the owner' s expense. Ms. Fiasco seconded motion. The Chainnan confirmed there as no objection from the floor on this motion. The Chairman called for t e vote on the motion and it carried unanimously with Fiasco, Lambert, McDonald, and W" dson in favor ( Gercak abstained, Cohn and Wayne absent). NOTICE OF PROPOS'>> CHANGE FOR PIRATES BAY DR/- REOUESTED BY PIRATES BAY COMMUNITY ASSOtIATION. INC. Mr. Mitchell read th request by title only. OF A NOTICE OF PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPME OF REGIONAL IMP ACT DR!) ( TO DETERMINE IF THE FOLLOWING PROPOSED CHANGES: ) THE DEVELOPMENT ORDER WILL BE AMENDED TO PERMIT AN ADDITIONAL USE AS A SIENT LODGING F ITY, FOR OCCUPATION AND RENTAL OF THE PIRATE' S ACll.. BAY CO OMINillM, SO AS TO PERMIT THE SAME LODGING USES WHICH HAVE BEEN PERM D FOR THE PAST EIGHTEEN YEARS; ( 2) TO EXTEND THE DEVELOPMENT ORDER APP Xllv1ATELY NINE YEARS AUGUST 13, 2009; ( 3) TO PROVIDE FOR A MINIMUM OF UNTll.. o PARKING SPACE PER CONDOMINIUM UNIT; CONSTI11JTES A SUBSTANTIAL DEVIATION ACCORDANCE WITH PARAGRAPH 380.06( 19), FLORIDA STATUTES, FOR THE  MPB AGENDA 4- 7- 05 PIRATES BAY DR! CONn ( DEVELOPMENT ORDER FOR THE PREVIOUSLY APPROVED PIRATES' BAYDEVELOPME REGIONAL IMP ACT ( DR!). BASED ON A STIPULATION REGARDING PIRAT DEVELOPMENT OF REGIONAL IMPACT, THE APPLICANT (PBCA) HAS AGRE TO: 1) WITHDRAW ITS NOTIFICATION OF PROPOSED CHANGES; 2) DECLARE ITS USE P CENTAGES PURSUANT TO THE REQUIREMENTS OF THE MUW -24 ZONING DISTRICT; 3) PLY FOR AN APPROPRIATE OCCUPATIONAL LICENSE IN ACCORDANCE WITH ITS DECL D USE; AND 4) SATISFY THE PARKING REQUIREMENTS PURSUANT TO THE MUW -24 ZO G DISTRICT ON ITS PROPERTY OR WITH A SHARED PARKING ARRANGEMENT ADJOINING LAND OWNERS AND DEVELOPERS. THE DEVELOPMENT IS LOCATED AT 2 ~- 220 MIRACLE STRIP PARKWAY SW. REQUESTED BY CRAIG TINGLE, AGENT, FOR P ES BAY COMMUNITY ASSOCIATION, INC. Mr. Mitchell read the request, and entered the Staff Report into the reco The City Attorney advised the applicant was not present, but had si ed the Stipulation Agreement. As there were no objections, the Chairman entered the StaffRe ort into the record. A lengthy discussion ensued regarding the parking issue as t relates to the MUW -24 zoning district. The CDS Director advised that what is before the Board at t s time is the stipulation agreement, and not the enforcement of parking requirements. The City Attorney advised the intention of the representatives of the Association that the parking requirements will be satisfied. The Chairman announced a conflict of inter because he has a vested interest in the property, and would abstain from the vote. Ms. Fiasco moved to recommend that ity Council authorize the Mayor to execute a stipulation with the followingjindings, conclusions ofla and conditions: 1) The Association will withdraw its Notification of Proposed Changes. 2) The Assoc' tion shall declare its use percentages pursuant to the requirements of the MUW-24 zoning district (As ciation tentativelv states that 4 units are homestead properties and the remaining 116 are rentals). The Association will apply for an appropriate occupational licens~ in accordance with its declared see The stipulation and supporting documents for declaration of use will be made a part of the applic on for the occupational license. 4) The parcels of the DRI will individually satisfy the parking req rements pursuant to the MUW-24 zoning district. The Association and other parcel owners may e ler into shared parking arrangements upon their own initiative. 5) Once the Association satisjie the conditions of the stipulation, the City will consider it to be in compliance with the Code and close t Code Enforcement Board case. Mr. Lambert s onded motion. The Chao an called for a vote on the motion with FIasco and Lambert in favor and McDonald and Wilson oppose Gercak abstained, Cohn and Wayne absent). Th City Attorney advised the motion carried. ORD. 1627. REZONE 628 COUNTRY CLUB A VENUE TO R- 1A CONSIDERATION OF 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 628 COUNTRY CLUB AVENUE NE; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM  MPB AGENDA 4- 7- 05 ORD. 1627 ( CONT) OKALOOSA COUNfYRUS RESI ( DENTIAL URBAN SINGLE) TO CITY OF FORT WALTON BEACH R- IA (SINGLE F AMILY DWELLING) DISTRICT; PROVIDING FORA ZONING MAP AMENDMENT; PROVIDING FOR REPEAL OF ANY CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTNE DATE. REQUESTED BY CITY FOR KEITH AND KlMBERLY BROOKS, OWNERS. Mr. Mitchell advised the request is to rezone the property from Okaloosa County RUS ( Residential Urban Single) Dis1rict to R- IA (Single Family Dwelling) after having annexed the property to the City in October. The request is consistent with the Comprehensive Plan. As there were no objections, the Staff Report was entered into the record. The Chairman opened the public hearing. As there was none, the public hearing was closed. Ms. Wilson moved to recommend to City Council that Ord. 1627 be approved. Mr. McDonald seconded motion and it carried unanimously with Fiasco, Gercak, Lambert, McDonald, and Wilson in favor (Cohn and Wayne absent). ORD. 1630. REZONE 1 WEDGEWOOD LANE NE TO R- 1A CONSIDERATION OF AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, F RELATING TO THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY OF FO ALTON BEACH LOCATED AT 1 WEDGEWOOD LANE NE; PROVIDING FOR AUTHO ; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED OM OKALOOSA COUNTY RSS ( RESIDENTIAL SUBURBAN SINGLE) TO CITY OF FORT TON BEACH R- IA SINGLE FAMILY DWELLING) DISTRICT; PROVIDING FOR A ZO G MAP AMENDMENT; PROVIDING FOR REPEAL OF ANY CONFLICTING ORDIN CES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DA . REQUESTED BY CITY FOR FRANK NORTON, OWNER. Mr. Mitchell advised the request is to rezone the property fro kaloosa County RSS ( Residential Suburban Single) Dis1rict to R- IA (Single Family Dwelling) after h ng annexed the property to the City in October. The request is consistent with the Comprehensive PI As there were no objections, the Staff Report w entered into the record. The Chairman opened the public hearing. s there was none, the public hearing was closed. Ms. Wilson moved to recommend City Council that Ord. 1630 be approved. Ms. Fiasco seconded motion and it carried unanimous with Fiasco, Gercak, Lambert, McDonald, and Wilson in favor (Cohn and Wayne absent). ORD. 1631 REZONE 5 HOOPER DRIVE TOR- 2 CONSIDERATION AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA,