Okaloosa County BOCC — February 16, 2016 — Public Hearing of Request to Amend Bluewater Bay Development Order — agenda request — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 16, 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 (the “Property”) to convert approximately 10.28 acres from the “Golf” designation to a combination of “M/L” designation (approximately 6.43 acres) and “R” for approximately 3.85 acres. The proposed resolution will further limit development of the M/L portion of the Property to a 21 lot single-family detached residential subdivision. 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 new Master Development Map is attached to the proposed resolution which accurately depicts development currently in existence within the Bluewater Bay DRI. The Florida Department of Economic Opportunity and the West Florida Regional Planning Council have determined that the proposed changes do not constitute a substantial deviation. During the review of this application, a voluminous amount of evidentiaries and correspondence has been produced. Due to the volume, all of these have not been included in this Agenda Summary. The attachments and exhibits attached hereto are those staff and the county attorneys considered to be most significant to drawing the conclusions reached. OPTIONS: As specified in in ss. 380.06(19)(e), Fla. Stat. …the local government shall either deny the application for amendment or adopt an amendment to the development order which approves the application with or without conditions. 1. Approve: If the local government determines that the proposed change does not require further development-of-regional-impact review and is otherwise approved the local government shall issue an amendment to the development order incorporating the approved change and conditions of approval relating to the change (ss. 380.06(19)(f)6). 2. Deny: The local government may also deny the proposed change based on matters relating to local issues, such as if the land on which the change is sought is plat restricted in a way that would be incompatible with the proposed change, and the local government does not wish to change the plat restriction as part of the proposed change (ss. 380.06(19)(f)5). If the application is denied the reasons for denial must be specified, as well as changes in the development proposal, if any, that would make it eligible to receive development approval. RECOMMENDATION: It is recommended that the Board consider the facts presented herein, as well as any facts that may be presented at the public hearing, and then make a decision whether or not to adopt the requested amendment to the DRI DO by resolution. ATTACHMENTS: A - Location Map B - Aerial Photo C - Future Land Use and Zoning Map EXHIBITS: OC-1: Staff Analysis OC-2: Application to Amend the Bluewater Bay DRI Development Order OC-3: Jill Crew letter to Elliot Kampert dated June 12, 2015 OC-4: Jill Crew letter to Greg Stewart dated October 29, 2015 OC-5: Jill Crew letter to John Hofstad dated December 17, 2015 OC-6: Compatibility/Comprehensive Plan Determination Report dated June 19, 2015 and Addendum dated July 10, 2015 OC-7: DEO letter dated May 15, 2015 OC-8: WFRPC letter dated May 15, 2015 OC-9: Staff Analysis Of Issues Raised By Jill Crew Proposed Resolution Exhibit A to Resolution - Master Development Plan/Map Advertising Affidavit RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator