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

Florida limited liability company By: Name: Title: Manager STATE OF GEORGIA COUNTY OF FULTON The foregoing instrument was acknowledged before me this _ day of 2007, by Manager FT. as of WALTON DEVELOPMENT PARTNERS LLC, who is personally known to me, or has produced as identification. SIGNATURE OF PERSON TAKING ACKNOWLEDGEMENT PRINT NAME OF ACKNOWLEDGER: TITLE: COMMISSION NUMBER: COMMISSION EXPIRES: Memorandum of Agreement 08/ 06/ 07 5  ATTACBMENTB CITY OF FORT WALTON BEACH DEVELOPMENT CRA SITE PLAN APPROVAL ORDER.. CRA CASE # 07..() 2-8P THE LANDMARK CENTER The Board of Commissioners of the Community Redevelopment Agency (CRA) at its regular meeting held on July 11, 2007 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 r~ idential units on a parcel located at 223 Miracle Strip Parkway SE and 206 Perry Avenue SE, Fort Walton Be. ch, Florida, and identified as Okaloosa County ParcellD 2 #4- 2$- 24- 0300- 000A-0070, 24-2S- 24- 0300- 000A- 006B, 24- 2S- 24- 0300- 000A-001A and 24-2S- 24- 0300- 000A-001B. The CRA Board considered the application, testimony and exhibits presented by the applicant, the report of the City Staff and all other relevant testimony. exhibits and other evidence, pursuant to Section 12. 45, Land Development Code, and recommended that City Council approve the site plan with conditions. The City Council at its special meeting held on August 10. 2007 considered the recommendation of the CRA Board, the application, testimony and exhibits presented by the applicant, the report of the City Staff and all other felevant testimony, exhibits and other evidence, pursuant to Chapter 12.45, Land Development Code and finds and orders the following: Findings of Fact: 1) The property is current1y zoned MUMS, and the proposed mixed use project is permitted. The development is also consistent with the Comprehensive Plan Future Land Use Map designation for the property ( MUMS). 2) The propO$ed 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 buUding are consistent with the intent of the Urban Master Plan Architectural Guidelines and CRA Plan Update. 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 foUowing:  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. it 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 ts 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. dated 4/ 13/07 and 06/ 25/07 and Engineering Division Memorandums ( dated April 30 and May 15, 2007 from John Geurin), Utilities Memorandums ( dated May 24, 2007 from Michael Beedie) and Building Division Memorandum ( dated April 20, 2007 from Linda Development Order - CRA Site Plan Approval Page 20f4 CRA Case # 06-16-SP 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, 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 aU necessary permits ( Stormwater management) from the FDEP 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 lot 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. 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 206 Perry Avenue SE, Fort Walton Beach, Florida, and identified as Okaloosa County ParcellD # # 24.. 2S- 24- 0300-000A.. o070, 24- 24-0300- 000A.. o06B, 24- 24-G300.. o00A- 001 A and 24- 2S.. 2S.. 2S.. 24-0300- GOOA.. o01 B. D&velopment Order - CRA Site Plan Approval Page 30f4 CRA Case # 06-16- SP Ordered this 10 day of August, 2007, in Fort Walton Beach, Florida. August 10, 2007 Date of Issuance Mike Anderson, Mayor City Fort Walton Beach, Florida of This Order was prepared by: Approved as to form and 1egal sufficiency: Missy McKim, CDS Director Toni L. Craig, Florida Bar No. 115444 City of Fort Walton Beach City Attorney, City of Fort Walton Beach PO Box 4009 244 Racetrack Rd NE Fort Walton Beach, FL 32549 . Fort Walton Beach FL 32547 ATTEST: CITY CLERK Development Order - CRA Site Plan Approval Page 4 0' 4 # 6- 16-SP CRA Case 0  c::..;~ Cny.OF FORT WALTON BEACH INSPECTION REVIEW Date: April 20, 2007 To: DRC Members From: Linda Carn ley, CBO~ 833-9599 RE: Landmark Center . . a.... so-. ~................................. 1.r'A co'm plate"set of :plans shall be reviewed by ICC. One set win be sent After t.h:eir .!nitial review you Will be required ~o send them two fir~t.~, omplete sets of;stamped/ s~aled plans - they wUlstamp b.oth and retu.rn both.where one"~ etyvi.ll be given fo.the contractor al1d <;me kept by ~. lielnspectio~ office. ICC review will take ap,rox. . ~ ive weeks. 4' ':....'. ". ...- . ":: . .' . . .." '. ." . . 2}' Tilis"she' is"," ~he Wind Borne Debris region. All coiisfhiction document~ sha.1I r~ flect applicable ~equirements by the FBC f ;:. . '" . 3) You will need to provide ICC all calcul~tlons, geotechnical reports, en~.rgy. forms an.d civlls 4) Prdvicte