Okaloosa County BOCC — June 21, 2016 — Resolution — reading text

Resolution No. 16- ___ Of The Board of County Commissioners Of Okaloosa County, Florida To Amend Development Order #77-1 WHEREAS, on March 29, 1977, the Board of County Commissioners of Okaloosa County, Florida, (the "Board") approved Development Order #77-1 on behalf of Bluewater Bay Development Company, Ltd., concerning a tract of land consisting of approximately 1,600 acres located off Highway 20 approximately four miles east of Niceville, Florida, Okaloosa County, which land was more particularly described in Attachment 1 of the Application for Development Approval (hereinafter referred to as the "Bluewater Bay DRI") which was incorporated by reference in Development Order 77-1; and WHEREAS, on April 3, 1990, the Board adopted Resolution #90-41 approving a "Notification of Proposed Change to a Previously Approved Development of Regional Impact" with respect to the addition of a 210 acre tract of land to the Bluewater Bay DRI, extension of the termination date to March 28, 1997, and the reduction of 1,400 residential units, resulting in a total of 4,314 authorized residential units on behalf of Bluewater Bay Development Co., Ltd., Bluewater Bay Properties, Ltd. and EMCA Forest Investors, Ltd.; and WHEREAS, on February 4, 1992, the Board adopted Resolution #92-15 approving a second "Notification of Proposed Change to a Previously Approved Development of Regional Impact" with respect to the area designated for residential development which was modified to 1,220 acres and a total of 4,143 dwelling units, the area approved for use as a golf course was set at 167 acres, the area set aside as environmental conservation area was increased to 105 acres, and the area for use as lakes was set at 69 acres, on behalf of Bluewater Bay Development Co., Ltd., Bluewater Bay Properties, Ltd. and EMCA Forest Investors, Ltd.; and WHEREAS, on April 20, 1993, the Board adopted Resolution #93-33 approving a third "Notification of Proposed Change to a Previously Approved Development of Regional Impact" submitted by Bluewater Bay Development Co., Ltd., Bluewater Bay Properties, Ltd., and EMCA Forest Investors, Ltd., providing for the re-designation of two parcels totaling 16 acres for hotel use by deleting 11 acres residential development and by re-designating five acres of commercial property on one of three alternate sites for hotel use. These amendments resulted in a reduction in the total number of approved dwelling units by 347 units to 3,796 units, reduced the amount of commercial development to a maximum of 374,830 square feet, reduced the area approved for office development to a maximum of 244,960 square feet, and designated two sites for 280 hotel rooms; and WHEREAS, on May 30, 1995, the Board adopted Resolution #95-48 approving a fourth "Notification of Proposed Change to a Previously Approved Development of Regional Impact" submitted by Bluewater Bay Resort, Ltd. providing for the redesignation of an existing 3.51 acre site from commercial to medium/high density residential use and to reduce the total number of hotel rooms allocated to the development by 35, resulting in the increase of residential units by 35 to 3,831 units, and the reduction in the total area approved for commercial development to a maximum of 368,830 from 374,830 square feet; and  WHEREAS, on October 1, 1996 the Board adopted Resolution #96-103 approving a fifth "Notification of Proposed Charge to a Previously Approved Development of Regional Impact" providing for a number of revisions to the Master Land Use Plan, to include the modification of uses, description of acreages for various uses, reduction in the number of approved residential units to 3,794 instead of 3,831, an increase in commercial space from 368,830 to 397,330 square feet, and an increase in office development from 242,960 to 271,960 square feet; and WHEREAS, on October 15, 1996 the Board adopted Resolution #96-109 and made additional changes requested in the sixth "Notification of Proposed Change to a Previously Approved Development of Regional Impact" affecting the design and development of Magnolia Plantation (labeled e-1 on the Plan); and WHEREAS, on October 15, 1996, the Board adopted Resolution #96-116, in conjunction with other changes requested in the fifth "Notification of Proposed Change to a Previously Approved Development of Regional Impact" and clarified changes adopted by Resolution #96- 103, including confirming that the total number of authorized residential units will be 3,794 instead of 3,831; and WHEREAS, on March 16, 1999, the Board adopted Resolution #99-39 approving a seventh "Notification of Proposed Change to a Previously Approved Development of Regional Impact" establishing an alternative development plan, which, if exercised would result in the conversion of commercial and office space for the parcel labeled "Magnolia C/O" to 123 residential units, and the establishment of an alternative development plan that would convert 15,000 square feet of commercial use for the parcel labeled "CM-3" to an assisted living facility with no more than 150 units; and the addition of 3 residential units to Marina Cove Village, resulting in a modification if both alternative development plan were utilized to: reduce the total number of residential dwelling units to 3,912 instead of 3,786; reduce the total square footage of commercial development from 397,330 to 352,330 square feet, and reduce the total square footage of office development from 271,960 to 244,960 square feet; and WHEREAS, on January 18, 2000, the Board adopted Resolution #00-01 approving an eighth "Notification of Proposed Change to a Previously Approved Development of Regional Impact," resulting in net changes consisting of: a reduction in residential dwelling units to 3,877 instead of 3,912; an increase in commercial development square footage from 352,330 to 353,830; an increase in office development square footage from 244,960 to 249,960; and an increase in hotel units from 118 to 124; and WHEREAS, on October 23, 2001 the Board adopted Resolution #01-199 approving a ninth "Notification of Proposed Change to a Previously Approved Development of Regional Impact" that requested the redesignation of a parcel located to the east of the administration building designated as hotel use for 36 units on 4 acres to Medium Density Residential use for 38 units on 4 acres, which resulted in an increase in residential dwelling units to 3,915 instead of 3,877, and a reduction in hotel rooms from 124 to 88; and WHEREAS, on May 2, 2006 the Board adopted Resolution #06-114 approving a tenth "Notification of Proposed Change to a Previously Approved Development of Regional Impact" to add 9 medium/low density residential units on a 4.16 acres parcel designated for recreational use located at the eastern end of Woodlands Drive; and authorizing a "Second Alternative Development Plan,” which if exercised on Parcel CM-3 would convert 150 assisted care living units and certain commercial and office space uses to 160 condominium units, the net effect of which would be to increase the number of residential units to 4,084 from 3,915, to reduce Page 2 of 5 commercial square footage from 353,830 to 348,830 and office space development from 249,960 to 244,960 square feet; however, the said Alternative Development Plan was not exercised, leaving the authorized level of residential development as it existed prior to adoption of the Resolution; and WHEREAS, on October 7, 2008 the Board adopted Resolution #08-188 approving an eleventh "Notification of Proposed Change to a Previously Approved Development of Regional Impact" in order to reallocate 13,000 square feet of commercial space from Parcel CM-4 to Parcel CM-2 East and 12,648 square feet of office space from Parcel CM-2 East to Parcel CM-4, and extend the Buildout Date for the Bluewater Bay DRI to September 30, 2009; and WHEREAS, on December 15, 2009, the Board adopted Resolution # 09-220 approving a twelfth "Notification of Proposed Change to a Previously Approved Development of Regional Impact" to extend the Buildout Date to September 30, 2014; and WHEREAS, the Buildout Date was further extended to June 27, 2017, pursuant to the exercise of rights authorized by §252.263, Florida Statutes, and §46, Chapter 2014-218, Laws of Florida; and WHEREAS, on February 16, 2016 the Board adopted Resolution 16-55 approving a thirteenth Notice of Proposed Change to a Previously Approved Development of Regional Impact to amend that certain 10.28 acre commonly referred to as the former Fairway #4, Magnolia Plantation Golf Course, from the land use designation of "Golf" to a combination of "Medium/low Density Residential" (approximately 7 acres) and "Other Open Space" (approximately 3 acres), for the purpose of allowing development of a residential single-family subdivision consisting of a maximum of 21 single-family lots; and WHEREAS, Anoatok Enterprises, LLC has proposed a modification to Development Order 77-1 to redesignate one residential unit allocated to Unit 33, Amended Plat of Royal Oak Villas at Bluewater according to the Plat recorded in Plat book 8, Page 25 of the Official Records of Okaloosa County, Florida from Medium Low Density Residential (M/L) to Commercial/Office and add 3185 s.f. of Office use for that Lot; and WHEREAS, the amendment does not increase the number of residential units approved by Resolution #77-1, as amended; and WHEREAS, the overall effect of the amendment does not increase the density of development within the Bluewater Bay DRI above what was approved by Resolution #77-1, as amended; and WHEREAS, due notice of this proposed amendment was afforded to the Regional Planning Council and the State Land Planning Agency as required by § 380.06(19)(e)1, Florida Statutes (2014). NOW THEREFORE, the Board of Commissioners of Okaloosa County, after due consideration, including a public hearing, hereby resolves as follows: SECTION 1: FINDINGS OF FACT A. The change proposed and as described in the notification letter constitutes a minor change to the previously approved Bluewater Bay DRI; Page 3 of 5  B. The amendment does not increase the residential density of development within the Bluewater DRI above the density of development authorized by Resolution #77-1, as amended; C. Said amendment does not constitute a substantial deviation from the DRI development order as previously amended; D. Said changes are authorized pursuant to § 380.06(19)(e)1, Florida Statues (2014); E. The proposed change does not constitute a substantial deviation from the approved DRI DO; F. The proposed change is consistent with the Okaloosa County Comprehensive Plan and Land Development Code; G. The proposed change does not interfere with the achievement of objectives of an applicable State Land Development Plan; and H. The proposed change is consistent with the State Comprehensive Plan. SECTION 2: CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Okaloosa County, Florida, in a public meeting, duly constituted and assembled on June 19, 2016, that Development Order #77-1, as amended by Resolutions #90-41,