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

Proposed Change to a previously approved Development of Regional Impact ( DRI) to determine if the following proposed changes: ( 1) the Development Order be r extended approximately nine years until August 13, 2009; ( 2) the 1. 24 undeveloped acres that comprise Lot 2, Sail- Away Bay Subdivision be granted an extended built-out date of approximately nine years until August 13, 2009 and based on a stipulation regarding Pirate' s Bay Development of Regional Impact, the applicant requests approval for development on the subject property to comply with Florida Statutory requirements, the City' s Comprehensive Plan and all other Code or legal requirements in force and adopted as the time of application for approval or any development, and more specifically, with the requirements of the MUW-24 zoning district; constitute a substantial deviation in accordance with Paragraph 380. 06( 19), Florida Statutes, for the Development Order for the previously approved Pirate' s Bay Development of Regional Impact DRI). The development is located at 214- 220 Miracle Strip Parkway SW. 150 4/ 26/ 05 AGREEMENT/ PIRATES BAY DRI ( DORSEm (CONTI Requested by Cadenhead and Associates, P. A., agents for Dorsett Ventures, Inc., owner. Further to authorize the Mayor to execute the necessary agreements. The City Attorney announced a quasi-judicial proceeding and advised the attorneys for this and the next agenda item were present, but were not sworn in. She reminded Council that Len Mitchell was previously sworn in. Mr. Mitchell explained the DRI process and gave a history of the Pirates Bay Development. Mr. Mitchell advised that there has been no additional development on the property located at 220 Miracle Strip Parkway SW, ( Sailaway Bay Subdivision), since the DRI was approved by Council in 1998; therefore, the project remains incomplete. Considerable research into the legal issues involved with DRI' s has been undertaken by the City Attorney, and Mr. Mitchell informed the City Attorney has recommended that the applicant agree to withdraw its notification of proposed changes ( NOPC) in lieu of a stipulation with the City that settles the DRI issues. Mr. Mitchell advised the Municipal Planning Board ( MPB) has recommended that City Council approve the proposed stipulation. Chris Boswell, attorney representing the applicant, had no objections and agreed to the term ofthe agreement. Mr. Boswell also thanked Staff and the City Attorney for their efforts in this complicated issue. Chris Gibson, 249 Brooks Street, feels the parking at the site is inadequate and requested Council review the parking situation. David Sly, 218 L Miracle Strip Parkway, Brooks Landing, discussed the storm drainage problem at his home due to the runoff from the Pirates Bay development, and requested that Council direct the City Attorney to develop a plan for drainage for the entire unit and get all of the units to agree to it. The City Manager advised that is a private dispute between private property owners, and the City has no jurisdiction over private property. Chris Gibson, 249 Brooks Street, commented that over the years the development has become piecemeal" and asked Council and Staff to not allow any future DRI projects to piecemeal the development. Mr. Tucker moved, based on the following findings, conclusions of law and conditions: 1) The last development order has expired. 2) The DRI is not in compliance with the last development order, and does not satisfy the criteria of an " essentially built out development of regional impact: because a) the build out date expired; b) annual reports were not submitted; c) noarchaeological survey has been made; and d) the previous development orders arenot consistent with the City' s Comprehensive Plan. 3) The requested extension of the build- out date to August 2009 creates a substantial deviation. 4) Pursuant to section 380. 06( g), the City cannot issue a permit for development of Lot 2. 15)( 5) At this time, there is no application for development of Lot 2. 6) However, without the ability to have a permit issued, the property cannot be developed. 7) Development of Lot 2 will require further development- of-regional impact review. 8) Development of Lot 2 must be in compliance with the City' s Comprehensive Plan. 9) Dorsett Ventures and the City will execute a stipulation expressing the understanding of each party at this time.  151~ 4/ 26/ 05 AGREEMENT/ PIRATES BAY DRI ( DORSEm (CONTI 10) The Stipulation will be recorded in the official record of Okaloosa County, Florida, at the owner's expense; to authorize the Mayor to execute the Stipulation Agreement with the following items: 1) This Stipulation is pursuant to the City' s authority from and consistent with the procedures and standards of sections 163.3220 - .3243, 166. 021, and 380.06, of the Florida Statutes. 2) The Property subject to this Stipulations is described as Lot 2, Sail Away Bay as recorded in plat book 12, page 41 of the Public Records of Okaloosa Subdivision,. County, Florida and lying and being in Sections 14 of 23, Township 2 South, Range 24 West, in Okaloosa County, Florida. Parcel Identification Number 23-2S-24- 2121-o000- o020. 3) Dorsett Ventures, Inc., owns the Property as the result of a Limited Warranty Deed, recorded in the Official Record Book 2057, Page 2277, of Okaloosa County, Florida. 4) The parties acknowledge that the Property is a parcel subject to the Pirate' s Bay Development of Regional Impact. 5) The parties further acknowledge and agree that the Pirate' s Bay Development of Regional Impact expired in 2000. Owner has filed a Notification of Proposed Changes. The parties agree that the Notification of Proposed Changes should be approved thereby extending the Development of Regional Impact until 2009. 6) There is not a current application for development of the Property. However, considering the use, character, magnitude, size, location, and zoning requirements that will apply to the Property for any future development, and the requirements of section 380. 06, Fla. Stats. ( 2004), the City finds that the development of the Property will not have a substantial effect upon the health, safety, or welfare of citizens of more than one county. 7) Owner has provided the City with a list of all principals or directors and officers, of Dorsett Ventures, Inc., and of any other party who may claim an interest in the Property. Such statement shall be certified by a title company or an attorney-at-law licensed to practice in the State of Florida. 8) This Stipulation shall be in full force and effect, binding all successors, assigns, transferees, heirs and others taking title to the Property. 9) Any development on the Property shall comply with Florida statutory requirements, the City' s Comprehensive Plan and all other Code or legal requirements in force and adopted at the time of application for approval of any development, and more specifically, with the requirements of the MUW-24 zoning district. 10) The failure of this Stipulation to address a particular permit, condition, term, or restriction shall not relieve the Owners of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 11) There will be no extensions of this Stipulation. 12) A public hearing was held before the Municipal Planning Board on 7 April 2005. The final public hearing was held before the City Council on 26 April 2005. 13) Owner shall pay all costs for advertising the public hearings. 14) Within 14 days after the execution ofthis Stipulation, Owner, at its expense, shall have the Stipulation recorded in the official records of Okaloosa County, Florida. 15) It is the intention of the parties that this Stipulation shall be converted into an Essentially Built Out Agreement within six (6) months of its execution. Owner shall have the burden of applying for such conversion and initiating the process. 16) A copy of this Stipulation shall be submitted to the Florida Department of Community Affairs for its approval and comment. Mr. Holmes seconded motion. Council stated their thoughts that the Stipulation Agreement is the best way for the City to take care of the situation and allow the owner and developer to come before Council in the future and discuss their development plans. 152 4/ 26/ 05 AGREEMENT/PIRATES BAY DRI ( DORSE111 ( CONTI The Mayor called for the vote on the motion and it carried by a vote of 6 to 1 with Holmes, Patterson, Campbell, Tucker, Hartwell, and Minich in favor and Pullen opposed. STIPULATED AGREEMENT FOR THE PIRATES BAY DRI ( PIRATES BAY ASSOCIATION) Consideration of a Notice of Proposed Change to a previously approved Development of Regional Impact ( DRI) to determine if the following proposed changes: ( 1) the Development Order will be amended to permit an additional use as a transient lodging facility, for occupation and rental of Pirate' s Bay Condominium, so as to permit the same lodging uses which have been permitted for the past eighteen years; ( 2) to extend the development order approximately nine years until August 13, 2009; ( 3) to provide for a minimum of one parking space per condominium unit; constitutes a substantial deviation in accordance with Paragraph 380. 06( 19), Florida Statutes, for the Development Order for the previously approved Pirate' s Bay Development of Regional Impact DRI). Based on a stipulation regarding Pirate' s Bay Development of Regional Impact, the applicant Pirate' s Bay Community A ssociation, Inc. ( PBCA) h as a greed to: 1 ) withdraw its Notification of Proposed Changes: 2) declare its use percentages pursuant to the requirements of the MUW- 24 zoning district; 3) apply for an appropriate occupational license in accordance with its declared use; and 4) satisfy the parking requirements pursuant to the MUW- 24 zoning district on its property or with a shared parking arrangement with adjoining land owners and developers. The development is located at 214- 220 Miracle Strip Parkway SW. Requested by Craig Tingle, Agent for Pirate' s Bay Community Association, Inc. Further to authorize the City Manager to execute the necessary agreements. The City Attorney announced a quasi-judicial proceeding, and noted that Mr. Mitchell has been previously sworn in. Mr. Mitchell continued the history of the development and discussed the 15 stipulations recommended by the City Attorney. The effect of the Stipulation is that future use and development will be in accordance with the MUW- 24 Future Land Use designation and the MUW- 24 District regulations already in place. The Staff Report was entered and accepted into the record. Craig Tingle, attorney representing the applicant, had no objections and agreed to the terms of the agreement. Chris Gibson, 249 Brooks Street, asked Council to consider not extending the DRI or allow for further development unless something is done about the parking and drainage problems. David Sly, 218 L Miracle Strip Parkway, addressed the issue of parking for the boat slips and how the stipulation will handle overflow parking. During discussion of the parking and the number of spaces allocated for Pirate' s Bay, the City Manager advised that the development has never been able to meet the requirements of two spaces per unit that was part of the original The City Manager further advised that the DR!. Pirate' s Bay