Okaloosa County BOCC — August 5, 2014 — Action Item Printout

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: August 5, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Request Public Hearing for August 19 - Okaloosa Island Covenants DEPARTMENT: Growth Management BCC DISTRICT: District 2 - Commissiner Parisot STATEMENT OF ISSUE: The Growth Management Department requests that a public hearing be set for the Board of County Commissioners' meeting of August 19 to consider whether a "putt-putt" golf course can be developed under the B-2 zone as described in the Okaloosa Island Covenants. BACKGROUND: The County has received an inquiry from the prospective purchaser of Lots 17, 18, and 19 of Block 2 of the Subdivision of Okaloosa Island (see attached location aerial photo) who wishes to develop a "putt-putt" style golf course and associated concession area (and possibly a small game arcade) on the subject parcels which are in the B-2 (“Apartment, Hotel Court, and Hotel Areas”) area as described in the Protective Covenants and Restrictions for Okaloosa Island (the Covenants). The Okaloosa Island Leaseholders' Association Architecture Review Committee (OILA ARC) considered the proposal during its meeting of June 26, 2014 and found the use inconsistent with the Covenants, but endorsed the proposal as "a good land use and advantageous to island tourism" (see attached OILA ARC Recommendation). The OILA ARC further recommended that the applicant seek a "variance" to the Covenants from the Board of County Commissioners to allow the proposed use (also in attached OILA ARC Recommendation). As provided in the Covenants, the B-2 zone allows: (1) Duplex residences - apartment (2) Hotels (3) Tourists or hotel courts (4) Apartment housing and “Affiliated services built in conjunction with, and within the same plan as (2), (3), and (4) above, such services being as newsstands, barber shops, beauty shops, dining rooms, drug shop, rental boat basin, delicatessens, filling stations, variety shops, clothing shops, flower shops and other shops as may be deemed necessary and proper by Okaloosa County from time to time, to serve the needs of tourists and vacationists.” While a putt-putt golf course is not among the enumerated uses and affiliated services, the Covenants do provide the Board of County Commissioners some flexibility in interpreting and enforcing the covenants. The first paragraph of Part G.8. of the Covenants states: "Okaloosa County expressly reserves the right to classify and reclassify from time to time areas for zoning purposes and to prescribe, amend, or revoke regulations and restrictions applicable to such areas and buildings and structures thereon and the uses thereof, but no classification, regulations or restrictions shall apply to any portion of the Island then under lease without the consent of the lessee thereof." It should be noted that in 1992 the Board of County Commissioners adopted a policy whereby leases could be exchanged for titles, and that the term "leasehold" is understood to mean "leasehold title" and "leaseholder" signifies "leaseholder owner", and that "lessee" signifies "lessee owner". Pursuant to this policy, in 1997 the Board of County Commissioners granted titles for the subject properties. The property owner has joined the applicant's request for this determination (see attached Mann letter). Therefore, pursuant to the above language and consistent with the OILA ARC's recommendation, the prospective buyer is petitioning the Board of County Commissioners to allow the development of a putt-putt golf course and associated amenities on the subject properties. It is important to note that while the ARC recommended a "variance", the request is actually for a property-specific determination that a putt-putt golf course is allowed. OPTIONS: The Board of County Commissioners may set the requested public hearing, or not set the public hearing. RECOMMENDATIONS: Staff recommends that the Board of county commissioners set a public hearing for the requested determination to occur during its regular meeting of August 19, 2014 to be held in the 3rd floor Commission Chambers of the Okaloosa County Water and Sewer Building located at 1804 Lewis Turner Blvd in Ft Walton Beach at 8:30 AM or soon thereafter. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator