Okaloosa County BOCC — October 5, 2013 — P - Proposed Resolution — reading text

ATTACHMEN? Resolution No. 13- 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, 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 of County Commissioners of Okaloosa County 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 and extended the termination date to March 28, 1997, 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 of County Commissioners of Okaloosa County 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 EMCEE Forest Investors, Ltd.; and WHEREAS, on April 20, 1993, the Board of County Commissioners of Okaloosa County 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 EMCEE 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. WHEREAS, on May 30, 1995, the Board of County Commissioners of Okaloosa County adopted Resolution #95-48 approving a fourth "Notification of Proposed Charge to a Previously Approved Development of Regional Impact" submitted by Bluewater Bay Resort, Ltd. (“BAR”) 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; and Page 1 of 3 ATTACHMENT | P A Oh, > ) WHEREAS, a fifth amendment was approved by Resolutions #96-103 and #96-116 of the Board of County Commissioners of Okaloosa County on October 1 and 15, 1996, respectively; a sixth amendment was approved by Resolution #96-109 of the Board of County Commissioners of Okaloosa County on October 15, 1996, in order to redesignate a number of existing land use designations on the Plan; a seventh amendment was approved by Resolution #99-39 of the Board of County Commissioners of Okaloosa County on March 16, 1999; and the following further amendments: Resolution #00-01 in January 2000; Resolution #01-199 in October 2001 and Resolution #06-114 in May 2006; and WHEREAS, an eleventh amendment was approved by Resolution #08-188 of the Board of County Commissioners of Okaloosa County on October 7, 2008 in order to reallocate 13,000 square feet of Commercial density from Parcel CM-4 to Parcel CM-2 East and 12,648 square feet of Office density from Parcel CM-2 East to Parcel CM-4, and extend the Buildout Date for the Bluewater Bay DRI to September 30, 2009. WHEREAS, Selig Enterprises Inc. submitted a NOPC requesting to extend the Buildout Date to September 30, 2014. WHEREAS, Recreation Services, Inc. has requested a communication tower be allowed as a use on Parcel Identification Number 22-1S-22-0000-0001-0090 with a designation of Recreation as noted on the Master Plan dated October 7, 2008 in addition to the existing and other allowable uses. WHEREAS, the overall effect of this request is a non-substantial impact on the density and intensity of development within the Bluewater Bay DRI. WHEREAS, the Florida Department of Economic Opportunity (DEO) found on June 17, 2013 that the proposed additional use of a communication tower to Parcel Identification Number 22-1S-22-0000-0001-0090 with a designation of Recreation as noted on the Master Plan dated October 7, 2008 did not require proceeding through the NOPC process. WHEREAS, after due consideration, including a public hearing, the Board of Commissioners of Okaloosa County has determined that said changes do not constitute a substantial deviation from the Bluewater Bay DRI pursuant to Subsection 380.06(19), Florida Statues (1989), and therefore do not require further development-of-regional-impact review; NOW THEREFORE, the Board of Commissioners of Okaloosa County hereby resolves as follows: SECTION 1: FINDINGS OF FACT A. The changes proposed, as described in the Notice, constitute changes to the previously approved Bluewater Bay DRI, but said changes do not constitute a substantial deviation there from; and B. The addition of the use of a communication tower on Parcel Identification Number 22- 1S-22-0000-0001-0090 with a designation of Recreation as noted on the Master Plan Page 2 of 3 ATTACH MENT | P ( 3B A D ) ee dated October 7, 2008 is consistent with the Comprehensive Plan of Okaloosa County; and C. The addition of the use of a communication tower on Parcel Identification Number 22- 1S-22-0000-0001-0090 will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area; and D. The addition of the use of a communication tower on Parcel Identification Number 22- 1S-22-0000-0001-0090 with a designation of Recreation as noted on the Master Plan dated October 7, 2008 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 public meeting, duly constituted and assembled on September 17, 2013 that Development Order #77-1, as amended by Resolutions #90-41, 92-15, 93-33, 95-48, 96-103, 96-109, 96-116, 99-39, 00-01, 01-199, 06-114 and 08-118 is hereby again amended. The use of a communication tower on Parcel Identification Number 22-1S-22- 0000-0001-0090, in addition to the existing and other allowable uses thereon is hereby approved. This resolution shall become effective upon being signed by the Chairman of the Board of County Commissioners of Okaloosa County and upon being attested to by the Clerk of the Circuit Court. Passed and adopted this 17" day of September 2013. ATTEST: Okaloosa County Clerk Chairman, Okaloosa Board of County Commissioners Page 3 of 3