Okaloosa County BOCC — January 19, 2016 — Public Hearing of Request to Amend Bluewater Bay Development Order — agenda request

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 19, 2016 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Public Hearing of Request to Amend Bluewater Bay Development Order DEPARTMENT: Growth Management BCC DISTRICT: 5 STATEMENT OF ISSUE: To consider the adoption of a resolution amending Okaloosa County Development Order #77-1, as amended, pertaining to the Bluewater Bay Development of Regional Impact (DRI) Development Order (DO). The application to change the DRI DO is submitted by Jesse Rigby, Esq. representing Randy Wise Homes, Inc. (the “Applicant”) acting as authorized agent for the property owner, Bluewater Bay Resort, LLC. The Applicant’s specific request is to change the DRI Master Development Map with regard to property described in the application as Fairway #4 of the Magnolia Golf Course to convert approximately 10.28 acres from the “Golf” designation to a combination of “M/L” designation (approximately 7 acres) and open space for the remainder of the property. BACKGROUND: The application was filed with the Growth Management Department on March, 16, 2015. The County responded with a completeness letter from Elliot Kampert to Jesse Rigby dated March 20, 2015 requesting: 1) a compatibility report; 2) additional information regarding stormwater management; 3) verification of notices to Department of Economic Opportunity (DEO) and the West Florida Regional Planning Council (WFRPC), and; 4) a revised land use chart showing individual changes to the DRI DO. Notice of intent to amend the DRI was submitted by Jesse Rigby to DEO and the WFRPC by memo dated April 9, 2015. Letters determining no additional regional impact or substantial deviation from the approved DRI DO issued by DEO and WFRPC on May 15, 2015. Opposition letters to Elliot Kampert dated June 12, 2015, Greg Stewart dated October 29, 2015, and John Hostad dated December 17, 2015 were received from Jill Crew, Esq. on behalf of Raimund Herden and Magnolia Plantation Property Owner’s Association. A compatibility determination was received from Jesse Rigby dated June 19, 2015 with an addendum also being submitted dated July 10, 2015. The County Public Works Department reviewed and had no problems with the traffic impact analysis provided with the application and the conceptual stormwater management system. The applicant has adequately responded to all requests for additional information made by the County. Staff analysis of the application is attached as Exhibit OC-1. The staff position stated therein is as follows. 1. The proposed change to the DRI DO does constitute a change not previously vested  under the DO or amendments thereto, but does not constitute a substantial deviation therefrom. 2. Unless evidence is presented to the contrary, the proposed change is consistent with the Land Development Code and Comprehensive Plan. 3. The proposed change does not interfere with achievement of the objectives of an applicable state land development plan. 4. The proposed change is consistent with the State Comprehensive Plan. 5. Any approval of the proposed change should be conditioned upon this specific requested change only and should state that said approval does not imply, form a precedent for, or warrant the basis for any future approvals. Staff analysis of the issues raised in Jill Crew’s letters dated June 12, October 29, and December 17, 2015 is attached as Exhibit OC-9. During the review of this application, both staff and the applicant discovered certain technical errors on the previously adopted DRI Master Development Map which was submitted by prior amendment applicants. A