Fort Walton Beach Council agenda — 08-10-2007 special agenda - Landmark — reading text

.UPQt1 whi.ch .tl1egarage ls. co.ns.trucled; 3. The total purchase price shall be $ 3, 660, 000 which shall include management fees; 4. Developer shall submit condominium documents to the City; 5. Developer is responsible for maintenance; 6. Developer has exclusive use of 38 spaces 7. Developer has the right to designate 162 spaces for use of the public and its  patrons; 8. The parties will execute a lease agreement that will set forth the value and all terms of the Developer' s use of the 162 spaces; 9. The City shall have the exclusive right to 143 spaces; 10. The Developer will grant an easement to the City for access to the parking garage in the event that a pedestrian bridge is built allowing access from the project to the south side of US 98; 11. Sets forth the make up of the Board of the Condominium; VI. Recommendation: Staff has prepared a Development Order that approves Site Plan 07 -02- SP for Landmark Center, including the parking garage, and the Memorandum of Agreement subject to the following conditions: a. Approval of a Development Agreement addressing the items in the Memorandum of Agreement, FDOT approval to use the right of way along Perry, off-site reforestation requirements, and use of city property to meet parking requirement. b. Copies of all necessary permits ( Stormwater management) from the FDEP shall be submitted to the ~ nvironmental Specialist and City Engineer. c. A copy of the Stormwater management Plan shall be submitted to the Environmental Specialist for review. d. The property owner is advised of the potential for unexpected discoveries. If ground disturbing activities take place and unexpected discoveries, such as Native American graves or lost historic cemeteries are encountered, guidelines set forth in chapter 872, F. S. ( Florida' s Unmarked Burial Law) must be followed. In the event unexpected discoveries are made the property owner will notify Florida Sate Historic Preservation Officer (SHPO) within 24 hours to begin procedures outlined in Chapter 872, F. S. e. The DRC comments found in the attached memorandums from Linda Carnley dated April 20, 2007; John Geurin dated April 30, 2007 and May 15, 2007; and Michael Beedie dated May 24, 2007. The CRA may: 1. Approve the Development Order as prepared; 2. Approve the Development Order with changes; or 3. Deny the Development Order. Upon a recommendation from the CRA, the application will be forwarded to the City Council for consideration. Upon approved by the City Council, the applicant may submit a development agreement which shall be reviewed by the Municipal Planning Board and City Council. Attachments 1. Exhibit A - Location Map. 2. it B - $ urrounding 40ning pistrigts. Exhi.t? 3. Exhibit C - Surrounding Future Land Use categories. 4. Exhibit D - Surrounding land uses. 5. Site plan and architectural drawings. 6. Memorandum of Agreement  CITY OF FORT WALTON BEACH DEVELOPMENT ORDER - CRA SITE PLAN A CRA CASE # 07 -02- SP THE LANDMARK CENTER The Board of Commissioners of the Community Redevelopment Agency ( CRA) at its regular meeting held on July 11, 2.007 considered the application of Ft. Walton Development Partners LLC, Owner and Authorized Agent for the Landmark Center subject to this Order. The applicant requested site plan approval for the Landmark Center project consisting of a mix of uses including 18, 916 sq. ft. of retail and 11, 771 sq. ft. of restaurants on the first floor. A combination of 19, 032 sq. ft. of office space and 10, 870 sq. ft. of residential space is proposed on the second floor. The third floor consists of 32, 007 sq. ft. of residential space with a maximum of 38 units. The total commercial square footage is 49,719 with 38 residential units on a parcel located at 223 Miracle Strip Parkway SE and 206 Perry Avenue SE, Fort Walton Beach, Florida, and identified as Okaloosa County ParcellD #24- 2S- 24- 0300- 000A- 0070, 24- 2S- 24- 0300- OOOA-006B, 24- 2S- 24- 0300- 000A-001 A and 24- 2S- 24-0300-000A-001 B. The CRA Board considered the application, testimony and exhibits presented by the applicant, the report of the City Staff and all other relevant testimony, exhibits and other evidence, pursuant to Section 12.45, Land Development Code, and recommended that City Council approve the site plan with conditions. The City Council at its regular meeting held on August 14, 2007 considered the recommendation of the CRA Board, the application, testimony and exhibits presented by the applicant, the report of the City Staff and all other relevant testimony, exhibits and other evidence, pursuant to Chapter 12.45. Land Development Code and finds and orders the following: Findings of Fact: 1) The property is currently zoned MUMS, and the proposed mixed use project is permitted. The development is also consistent with the Comprehensive Plan Future Land Use Map designation for the property ( MUMS). 2) The proposed structure is in conformance with the height, setback, and lot coverage requirements stipulated by the MUMS zoning regulations conditioned upon approval from FOOT of use of the right of way along Perry Avenue, and the site plan demonstrates that the development will provide the required parking spaces based upon the Memorandum of Agreement. 3) The architectural style and materials for the building are consistent with the intent of the UrbgJl Mg~ter Plan Architec1!J.ral GYJd.E}lio.~$. an<i C_ RA Update.. PIg[) 4) The Community Development Services Department has reviewed the site plan application under the criteria found in Section 12.45. 05, Volume IV, Land Development Code, and finds the following:  a. The proposed site plan is consistent with the Fort Walton Beach Community Redevelopment Plan in that it ensures vacant developable land and redevelopable rehabilitation sites are best utilized to meet the needs and values of the city and specific neighborhoods. b. The proposed site plan is in conformity with all applicable regulations of the MUMS zoning district, including but not limited to: i. Adequate public facilities and services are available to serve the proposed. development. ii. The setbacks and height of the proposed building meets Land Development Code requirements subject to the approval of a Development Agreement. . iii. Adequate off-street parking spaces are provided based on the Memorandum of Agreement. iv. Adequate landscape areas and buffers are provided subject to approval of a Development Agreement. v. Provision is made for stormwater management. c. The proposed site plan is consistent with good design standards with respect to all external relationships, including, but not limited to: 1) The relationship to adjoining properties. 2) Internal circulation, both vehicular and pedestrian, and its relationship with the city' s street system or proposed waterfront promenade. 3) The design of access and egress, indicating relationship with and impact on adjoining streets. 4) The disposition and use of open space, provision for screening and buffering adjoining properties, landscaping, disposition of storm waters, screening of service areas and preservation of significant natural features, including large trees. . 5) The size and bulk of structures in relation to their surroundings. 6) Building arrangement between buildings in the proposed development and between buildings on adjoining sites. 7) Shading of adjoining properties by high- rise buildings. 8) Sufficiency of ownership, guarantees for completion of all required improvements and, if private, guarantees for continued maintenance. ORDER the CRA site plan application is approved based upon the application submitted and the site plan and architectural drawings developed by DAG Architects Inc. and Engineering Division Memorandums ( dated April 30 and May 15, 2007 from John Geurin), Utilities Memorandums ( dated May 24, 2007 from Michael Beedie) Development Order - CRA Site Plan Approval Page 20( 4 CRA Case # 06- 16- SP and Building Division Memorandum ( dated April 20, 2007 from Linda Carnley) distributed at the May 24, 2007 DRC meeting, which are all incorporated by reference and made conditions of this development order along with the following conditions: a. Approval of a Development Agreement addressing the items in the Memorandum of Agreement, FOOT approval to use the right of way along Perry, off-site reforestation requirements. and use of city property to meet parking requirement. b. Copies of all necessary permits ( Stormwater management) from the FOEP shall be submitted to the Environmental Specialist and City Engineer. c. A copy of the Stormwater management Plan shall be submitted to the Environmental Specialist for review. d. The property owner is advised of the potential for unexpected discoveries. If ground disturbing activities take place and unexpected discoveries, such as Native American graves or lost historic cemeteries are encountered, guidelines set forth in chapter 872, F. S. ( Florida' s Unmarked Burial Law) must be followed. In the event unexpected discoveries are made the property owner will notify Florida Sate Historic Preservation Officer ( SHPO) within 24 hours to begin procedures outlined in Chapter 872, F. S. This ORDER was adopted upon a recording of electronic votes with a vote of _ ayes to nays to APPROVE WITH CONDITIONS THE CRA SITE PLAN APPLICATION TO FT. WALTON DEVELOPMENT PARTNERS LLC ON A PARCEL LOCATED AT 223 Miracle Strip parkway SE and P206 Perry Avenue SE, Fort Walton Beach,