Okaloosa County BOCC — July 19, 2016 — Public Hearing - Bluewater Bay Royal Oak Villas DRI Amendment — agenda request — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: July 19, 2016 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Public Hearing - Bluewater Bay Royal Oak Villas DRI Amendment DEPARTMENT: Growth Management BCC DISTRICT: 5 STATEMENT OF ISSUE: Consideration 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 Hall & Runnels, P.A. as agent for Anoatok Enterprises, LLC. The specific request is to change 3,185 square feet of existing office space designated as Medium/Low (M/L) Residential to Commercial/Office (C/O) on the Master Development Map. The subject property is described as 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. The enabling resolution, if adopted by the Board, would limit the use to professional office only. This hearing was tabled during the regular meeting of June 21st, 2016, to a date and time certain of July 19th, 2016 at 9:00 AM or soon thereafter. BACKGROUND: The subject property is located within the Royal Oak Villas at Bluewater Bay and is designated on the DRI master plan map for “Medium/Low Density Residntial Use”; however, since its construction in 1984, it has been allowed by the County to serve as an office facility to support the Bluewater Bay development. In 1992, the property was conveyed by the developer, the Bluewater Bay Development Company, to the Bluewater Bay Resort as part of a general conveyance of all non- residential properties and used for resort office purposes. Since 1992, the property has been sold multiple times and consistently used as an office. The current owner wishes to amend the development order to specifically allow the office use, and has agreed to preclude commercial uses. The application was filed with Growth Management on May 9, 2016. The County responded with a completeness letter from Elliot Kampert to Steve Hall dated May 10, 2016 requesting verification of notices to Department of Economic Opportunity (DEO) and the West Florida Regional Planning Council (WFRPC). Notice of intent to amend the DRI was submitted by Steve Hall to DEO and the WFRPC by letter dated May 10, 2016.  A letter determining no additional regional impact or substantial deviation from the approved DRI DO was issued by the WFRPC on June 3, 2016. The application was received prior to the adoption of amendments to the Land Development Code establishing a formal procedure for amending DRI development orders. Even so, staff advised the applicant to follow the proposed procedure as closely as possible which he did. A detailed description of the proposed change is provided in the application letter (Attachment E). Specific uses allowed under the C/O designation are not described in the original DRI DO or on the Master Development Map. As such, this designation could potentially allow a broad range of commercial and office uses. Staff analysis of the proposed change resulted in the following findings. 1. The proposed change does not constitute a substantial deviation from the approved DRI DO. 2. Unless evidence is presented to the contrary, the proposed change is consistent with the Okaloosa County Comprehensive Plan and Land Development Code. 3. The proposed change does not interfere with the achievement of 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, and strictly limited to, the office use described in the application, and as set forth in the attached resolution. 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: Staff has no objections to the requested change. 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. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator