Fort Walton Beach Council minutes — 08-10-07 special minutes — reading text

discussed at length the total number of spaces in the garage; the number of spaces reserved for residents of the condo; and how much additional parking will be given to the ",,,,, City to alleviate the parking problem. Mr. Ballasch replied there will be 398 spaces existing once the project is complete, of which 38 are reserved because they are required to provide 38 spaces for Landmark Center for the condos. Mr. Garvie still was not clear, and the City Attorney suggested that the issue of parking spaces be discussed by Staff during their presentation. Mr. Reeves was advised the units will be approximately 1, 300 square feet. Mr. Miller disclosed that he contacted Mr. Houle and Mr. Wright about the project shortly after his election. He received clarification that the top floor of the parking deck would be an open roof with stairs and elevators to provide service to the top floor. Mr. Holmes questioned whether there would be a charge for parking in the deck, and was advised that is a decision the City will have to make. The Mayor asked if the public had any questions for Mr. Houle or the development team. Kabe Woods, 240 Brooks Street, questioned whether the developers had the resources to complete the project. Mr. Houle stated they would not be here this evening if the resources were not available. Dr. Joe Foster, 34 Park Circle, questioned whether there will be adequate parking for employees of the Landmark Center and still be adequate spaces to accommodate the public; and also questioned the topic of hazard mitigation. Mr. Houle advised the parking garage will support both the public and the employees, and that the requirements of the City are being followed in regards to hazard mitigation and permitting. As there were no further questions from the public, the Mayor asked for the Staff' s presentation. Missy McKim, CDS Director, described the process of the site plan approval, stating ifthe project is approved this evening, the next step is a Development Agreement, and explained that development agreements are outlined by State Statute and must be approved by the Municipal Planning Board and City Council. The Agreement will outline all the details of this parking garage project, and will incorporate what has been generally stated in the Memorandum of Agreement and go into detail in regards to financing, maintenance, insurance, security, and the like. Once the Development Agreement is in place, other agreements will follow, including a lease, condo documents, and other documents to fulfill DA requirements. From that point the developer will submit for a building permit and begin construction. She continued that upon Certificate of Occupancy of the garage, the City will purchase the 305 spaces at a not to exceed cost of $12, 000 a space, and the specifics of financing have yet to be addressed and are not part of this approval. Special Council Meeting 8- 10- 07 69 LANDMARK CENTER ( CONT) Ms. McKim stated the project is consistent with the Vision Plan, the Comprehensive Plan, the CRA Plan of 1998 and the proposed CRA Update 2007. It is also consistent with the Land Development Code ( LDC), with three requirements to be addressed in the Development Agreement in order to bring it into 100% compliance with the LDC: 1) approval from FOOT for use of the right- of-way; 2) reforestation will have to be addressed due to removal of trees; 3) and the location of the 38 parking spaces. Ms. McKim summarized the terms of the Memorandum of Agreement, and answered some questions that had arisen during Council's discussion. She explained the ' numbers' regarding the spaces that will be available to the public in the garage. Ms. McKim advised that when the garage is built, there will be 398 spaces, 119 of those exist today. She continued that 38 will be reserved for the residents of the condos, and that leaves a net of 241 parking spaces, which is over and above what is there presently. She explained that the spaces will be used by the Landmark and that plenty of space will be available since spaces in a parking area are very rarely completely utilized at one specific time. She explained the parking garage will provide the opportunity for this project and other properties to redevelop and thrive, and it will be a huge opportunity for the City and the downtown as a pedestrian downtown area. Ms. McKim also advised there is not a requirement for a study for hazard mitigation as far as providing for the residents of a specific project to evacuate, but there is a plan worked out with the City' s Fire Department. She reviewed the CRA conditions for approval and recommended a condition of approval include the interactive water feature as it was not included in the CRA recommendations. The applicant confirmed he has reviewed the conditions of approval and agrees with the recommendation for inclusion of the interactive water feature, and the Staff Report was entered into the record. The Mayor asked for questions of Staff from the Council. Council discussion included clarification that the maintenance for the parking garage as stated in the Memorandum of Agreement is perpetual; that the City may have the option to enter into a similar arrangement with an adjacent property owner in order to provide required or needed parking traffic from Publix to the spaces for their development; the possibility of increased pedestrian Landmark Center; the need for parking in that area as it relates to Res. 01- 02 which requires that 70% of the parking spaces must be occupied on a regular basis; and that FOOT can close the egress on Highway 98. Ms. McKim also discussed the chart of the Summary of the Proposed Parking Spaces with the net new parking to be 241 spaces, and explained the arrangement with the developer to lease the 162 to Landmark, and that the TIF payment will be used to offset the cost. spaces The City Attorney advised that during discussion, two items of the Memorandum of Agreement needed to be amended: Item 6 f: The words in perpetuity be included at the end of the sentence to read, 'Through the condominium arrangements and a maintenance agreement, Developer and its successors and assigns shall be required to maintain the parking garage facility in perpetuity, and Item 6 h, the words ' Developer and its successors and assigns, shall retain the right to designate' be deleted and the words shall be retained added, to read, 'Through the condominium arrangement, one hundred and sixty two ( 162) parking spaces shall be retained for use of the public and the Project patrons, customers, and visitors. 70 Special Council Meeting 8- 10- 07 LANDMARK CENTER (CONT) Mr. Houle agreed with these amendments. The Mayor asked for questions of Staff from the public. Dr. Joe Foster, 34 Park Circle, questioned the liabilities encumbered by the City to support storm damage the facility, and was advised that would be included in the Development Agreement. He I! IIIIII. alsoquestioned the infrastructure impact and was informed that the infrastructure is available for roadways and water and sewer, and if any upgrades are needed the developer would bear the cost. RECESS: The meeting recessed at 6: 25 p. m. RECONVENE: The meeting reconvened at 6: 35 p. m. The Mayor advised the opening of public participation from proponents and opponents. Dr. Rick Harper of the Haas Business Center responded to Council questions regarding the economic impact of the project, explaining that economic impacts include direct, which are the jobs at the Landmark Center; indirect, the jobs in the supply chain of the business; and induced, which are the jobsassociated with the incomes paid to the workers in the Center. He advised that the TIF impacts include only the direct impact of the project itself. Larry Sassano, Executive Director of the Economic Development Council ( EDC), addressed the economic impact from the EDC' s perspective, including how the Landmark Center will be the gateway' to Fort Walton Beach and its location in a very visible in a high- use traffic area, and will be an impressive site for investors who are considering investing in the City. Mr. Miller wanted to disclose he also spoke with Mr. Sassano about the proposed project. The Mayor asked for any opponents to the project, and there were none. The City Attorney advised that the e- mails of those against the project be placed into the record as the individuals were not present. The e- mailsfromopponentswerefromThornberSmith. CharleneGreenwald. Ms. Sam Kinkaid, and one presented this evening from Roy Ricks. The Mayor confirmed that the developer has all these e- mails as well. The Mayor invited Senator Charlie Clary to speak on the project. Sen. Clary stated that his organization works for the client, and he expressed his support of the Landmark Center, citing it would be a ' first impression' for those entering the City from the east; and stated it is an ' economic engine' that will create a lot of opportunities for the City and the residents as well. Dr. Joyce Gossom, CRA Chairman and speaking on behalf of the CRA Board of Commissioners, Jl!;; W'Ii' informed the purpose of the CRA is to 1) stimulate private sector participation in the development of this area, 2) expand economic base in the CRA area, and 3) develop joint public and private partnerships with qualified developers. She explained that Landmark is the first project the CRA has been presented with that fully meets every qualification that they have been trying to implement and incorporate in the CRA since is inception, and on behalf of the CRA, she requested that Council recommend the project as it was presented by the CRA Board of Commissioners. Ted Corcoran, representing the Fort Walton Beach Chamber of Commerce and the Downtown Merchants Association, voiced their full support of the project and stated the revitalization of downtown Fort Walton Beach is foremost on the minds of the merchants and the citizens, and there is an excitement in the project. Special Council Meeting 8- 10- 07 71 LANDMARK CENTER ( CONT) Kim Williams, 1005 Fay Drive, Mary Esther, stated she is a future tenant and business owner of the Landmark Center, and stated she and her husband are excited about living in an urban area and being a part of the excitement of downtown. Doug Murphy, whose business is at 130 Miracle Strip Parkway, spoke in favor of the project and stated that this project will provide much needed parking downtown. Bob Bennett, 618 Mooney Road, representing First City Bank, spoke in favor of the project and commended City staff for the work they have done over a long period of time for the development of the First City property and the