Okaloosa County BOCC — January 19, 2016 — OC-9 Staff Analysis Of Issues Raised By Jill Crew

EXHIBIT OC-9 STAFF ANALYSIS OF ISSUES RAISED BY JILL CREW This analysis is intended to respond to issues raised by Jill Crew, Esq. in her June 12, 2015 letter to Elliot Kampert, Growth Management Director, October 29, 2015 letter to Greg Stewart, County Attorney, and her December 17, 2015 letter to John Hofstad, County Administrator. ISSUE 1: BBR Has No Authority to Amend the Magnolia Plantation Master Development Plan. Staff analysis: Resolution 90-41 (April 3, 1990) added the 210 acre tract commonly known as Magnolia Plantation to the BWB DRI. Section 4 of the Resolution states as follows: SECTION 4: SUCCESSORS The provisions of Development Order #77-1 were specifically made applicable to BBDC and its successors in interest. This Amended Development Order shall be applicable to BBDC, its successors in interest, and to EFI and its successors in interest. “Successor in interest” is defined in Black’s Law Dictionary as One who follows another in ownership or control of property. A successor in interest retains the same rights as the original owner, with no change in substance. CONCLUSION: The co-applicant, Bluewater Bay Resort, LLC, (BBR) is the owner of record and apparent successor in interest, and would retain the same rights as BBDC and EFI. As such, the applicant has legal standing to file the application. ISSUE 2: BBDC and EFI Relinquished Unused Residential Entitlements. Staff analysis: “Residential entitlements” are loosely defined as the number of residential units authorized for development within the DRI through the development order and the various amendments thereto, as approved by the Board of County Commissioners. Developers and owners of property within the DRI have no legal authority to create or relinquish authorized development. The DRI amendment process established by law recognizes that during the life of a DRI changes may be necessary or desirable from time to time. The original development order has been amended numerous times since 1977 resulting in the increase and decrease of authorized residential units, commercial space, relocation of uses on the Master Development Map, and other such changes. In each case, an applicant went through the formal process of obtaining approval from the BCC. The fact that one applicant obtained approval for a particular change does not preclude another applicant from requesting a change to the same property at a later date. CONCLUSION: The Board of County Commissioners may amend the DRI DO according to the legally prescribed procedure, and may change or adjust any given set of “entitlements” in response to a legally filed application. ISSUE 3: Wetland Protections and Development Around the Magnolia Plantation Golf Course. Staff analysis: Wetland protection measures specified in Resolution No. 90-41 are, in pertinent part, as follows: Except for such pedestrian and/or golf vehicle crossings which DER and COE permit, all wetlands as shown on the Master Land Use Plan shall be protected from development activity. Any construction on or development of areas adjacent to designated wetland areas 1  shall be accomplished in accordance with the rules and regulations of DER and COE applicable to such areas. The jurisdictional extent of the wetland area was determined by permitting agencies and denoted as “EP” (Environmental Preserve) on the DRI Master Development Map. The proposed change to the DRI DO does not involve any change to or adjustment of the area denoted as EP, consistent with Resolution No. 90-41. With regard to stormwater management Resolution No. 90-41 states as follows. Stormwater Management. The stormwater management system shall operate with respect to the 210 Acre Parcel so that the fo