Okaloosa County BOCC — January 19, 2016 — OC-5 Jill Crew Letter to John Hofstad December 17, 2015

December 17, 2015 Via Email and Certified Mail, RRR John Hofstad County Administrator 1250 N Eglin Pkwy, Suite 102 Shalimar, FL 32579 Managerinfo@co.okaloosa.fl.us Re: Objection to Hearing on Application to Amend the Bluewater Bay Master Land Use Plan Map Dear Mr. Hofstad: This firm represents Raimund Herden in his capacity as one of the original developers of Bluewater Bay and as the sole developer of Magnolia Plantation and the Magnolia 9-hole golf course. I also represent the Magnolia Plantation Property Owners Association (“MPPOA”). Mr. Herden and the MPPOA object to the County conducting a hearing on January 19, 2016, regarding Randy Wise’s Application to amend the Magnolia planned residential community component of the Master Land Use Plan Map (the “Application”). Mr. Herden, the MPPOA, and many residents of the Magnolia planned residential community have repeatedly objected to County staff’s decision to advance Mr. Wise’s Application to a hearing before the Board of County Commissioners (the “BCC”). I presented letters to the County on June 12, 2015 and on October 29, 2015, outlining significant issues that must be resolved before the Application could be advanced to the BCC. To date, these material issues have not been addressed. My clients urge the County Administrator to have the following issues resolved by County staff before the BCC considers the Application. I. Submission of Conceptual, Master Phased Development Plans is Precondition to Hearing Mr. Wise failed to submit to the County his conceptual, master phased development plans for Fairways 1, 4, 6, 7, and 9, as required by the Land Development Code (the “LDC.”) The BCC cannot conduct a hearing on the Application until such plans are submitted to the County and properly evaluated by staff. A developer must submit a conceptual master plan for his entire phased development. LDC, Ch. 6. Where the preliminary plat submitted for development approval covers only a part of the total phased development plan, the developer must submit a master plan conceptual plan or sketch for the entire phased development. A conceptual master plan is necessary so that the County, and those individuals who are affected by the phased development, may assess the true scope and nature of the phased development plans, and the effect or impacts such development will have on traffic, infrastructure, roadways, storm water drainage, water and sewer, and existing development. The conceptual master development plan will also provide information for County staff to determine whether an application for an amendment of a DRI Master Land Use Plan Map qualifies as a minor, 238 MIRACLE STRIP PKWY SW (850) 244-0400 FAX (850) 244-4488 FORT WALTON BEACH , FL 32548 (888) 244-4LAW JILL@CREWLAW.COM Mr. John Hofstad Page 2 of 4 §380.06(19)(e)l change, or whether the Application must proceed through the formal and comprehensive Notice of Proposed Change process. I previously notified the County that Randy Wise has publicly disseminated and discussed his conceptual, master phased development plans for the Magnolia 9-hole golf course. See my letter dated October 29, 2015. Those development plans include the following, in addition to his pending 21-lot residential development application for Fairway 4: (a) cluster residential units on Fairways 6, 7, and 9, (b) executive homes on Fairway 1, and (c) a town center commercial project on Fairway 7 (the “Master Development Plans”). Mr. Wise publicly stated that he intends to add 133 new residential units and commercial units as part of his Master Development Plan. Except for development now proposed for Fairway 1, the Master Development Plans that Mr. Wise has promoted in the past six months are substantially similar to the development plans Mr. Wise promoted during the 2013 NOPC Process. Attached ar