Fort Walton Beach Resolution — 96-25-Amendment of DRI for Pirates Bay — reading text

reviewed and approved by Attorney. A D c...- w f e.. p  o c CITY OF PORT WALTON BEACH DBPARTMENT OF COMMORITY DBVBLOPMBRT SERVICES STAFF REPORT A. APPLICANT INFORMATION: Name: Pirates' Bay Community Association Address: 214 Miracle Strip Parkway SW- Fort Walton Beach Location: 214 Miracle Strip Parkway SW- Fort Walton Beach Authorized Agent: Thomas H. Carter, Secretary Address: 214 Miracle Strip Parkway SW- Fort Walton Beach B. REQUEST: The through its authorized agent, Thomas Carter, has applicant, requested that the Development Order ( DO) for the Pirates' Bay Development be amended follows: c as 1. The reconstruction original 121 slip marina destroyed of the as a result of Hurricane Opal on October 4, 1995. Construction of the marina will be pursuant to the attached DEP Permit ' 462864931 date of issue, July 8, 1996 and D. O. A permit. 2. The construction of two( 2) bulkheads totaling 464 feet in length with two( 2) returns each SO feet in length. The bulkhead is to be three feet ( 3') in height. The bulkheads are to be constructed above the mean high water line and will be taken to see that all natural appropriate measures vegetation seaward will not be disturbed by the construction. Construction will be pursuant to State and Federal Agency permits already issued. The applicants' agent has submitted the form RPM- BSP- PROPCHANGE- l entitled " Notification of a proposed change to Previously Approved Development a of Regional Impact ( DRI)" to support his application. C. BACKGROOHD : The Pirates' Development Order was approved by the original Bay of Fort Walton Beach as Resolution 85- 10, March 12, 1985. City c The development was proposed to include mixed development  Page 2 Pirates' Bay 0 o Nov. 1, 1996 including 200 condominium apartment units, 450 hotel units, a 121 slip marina and an unspecified amount of supporting commercial c uses. The Development Order ( Resolution 85- 10) was to be in effect for ten ( 10) years with a phased development to be completed by June 1988. In 1985, construction began on 120 ( 2 - 60 D. U.) condominium units and the 121 slip marina. Upon completion of these projects, the poor area economy stalled, resulting in no further construction until 1990. In September 1990 new owner- developers, Marina Vista, Inc., approached the City to amend the Master Development Plan of the Application for Development Approval ( ADA) to downgrade the intensity of the project to include 120 residential condominium units, 150 hotel units, a 121 slip marina and supporting commercial uses including 9, 100 square feet of sit- down restaurant and 2, 800 square feet of fast food restaurant. This was accomplished by Resolution 90- 30 on September 11, 1990 an amended Development Order. That Development Order was found unacceptable to the Florida Department of Community Affairs, and was subsequently amended by Resolution 90- 34 on November 27, 1990 to include a project build out date ( phasing) until December 31, 1993, and the DO remained in effect until March 12, 1995. In addition to the DO revisions Sail- Away Bay Subdivision, a three 3) lot commercial subdivision was platted in the center portion of the si. te and the land was rezoned from DR- 4 Multi- family to DC- 3 Community Commercial. The Olive Garden Restaurant was developed on one lot in that development by the General Mills i' Corporation in 1991. In June 1991, a new plan for the development of Lot 3 was submitted to the City for approval. Once again the ADA Master Plan was revised and an amended Development Order issued in the form of Resolution 91- 17. The DO now called for 120 condominium units, a 121 slip marina, 9100 square of sit- down restaurant, feet 2, 800 square feet of fast food restaurant and twenty ( 20) residential townhouses. Again, no change was made in the DO regarding the project phasing or the ten ( 10) year effective date. The developer came before the City in June 1995 to exercise owner/ his option to apply for an extension to the duration of the DO. The City Council through the adoption of Resolution 95- 16 extended the build out date of the project until March 12, 1998. This action amended the land use types allowed on the last remaining parcel of undeveloped property in the development to include certain commercial uses which were considered compatible with the existing DRI development rather than a fast- food restaurant. The process of approval for a proposed change includes the evaluation of the applicability of numerous criteria, called thresholds, specified in Florida Statutes. The impact of major/ minor changes in the master plan for development are considered. These criteria are enumerated in Section 380. 06 ( 19), c Florida Statutes entitled " Substantial Deviations".  Page 4 Pirates' Bay 0 Nov. 1, 1996 DRI means any development which because of its character, c magnitude the health, or location, would have a substantial effect upon safety or welfare of citizens of more than one county. Staff is not aware of any issue of regional impact not previously reviewed by the WFRPC or of any additional regional impacts which would result because of the request to add bulkheads to the Project' s Master Plan. 19)( b) Any proposed change to a previously approved development of regional impact or development order condition which, either individually or cumulatively with other changes, exceeds any of the following criteria shall constitute a substantial deviation and shall cause the development to be subject to further development- of- regional- impact review without the necessity for a finding of same by the local government: 1. An increase in the number of