Okaloosa County BOCC — February 18, 2014 — Proposed RAC Expansion Ordinance

ORDINANCE NO. 14-_____ AN ORDINANCE AMENDING THE MID-BAY REGIONAL ACTIVITY CENTER BOUNDARY; EXTENDING THE EXPIRATION DATE OF THE RAC INFRASTRUCTURE AGREEMENT; PROVIDING CONDITIONS; REPEALING ALL ORDINANCES OR PROVISIONS THEREOF IN CONFLICT HEREWITH; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 21, 1999, Okaloosa County approved a Development of Regional Impact (“DRI”) Development Order for the Mid-Bay Marina DRI on approximately 13 acres located at the southern end of the Mid-Bay Bridge, east of SR 293, authorizing the construction of 780 dry boat storage slips with associated service, retail, and restaurant development; and WHEREAS, on September 12, 2000, Okaloosa County approved the MID-BAY REGIONAL ACTIVITY CENTER (“RAC”) encompassing approximately 187 acres surrounding, but not including, the Mid-Bay DRI, extending east along the bay shore and south along SR 293 to US Highway 98, (hereafter referred to as “the RAC property”) declaring said area to be served by adequate existing and planned infrastructure and suitable for high-intensity development; and WHEREAS, the owners of the RAC property also desire to add to the RAC property 10.21 acres of land on the northeast side of the RAC identified by property identification numbers are 002S-22-0000-0001-A750, 002S-22-0000-0001-A740, 002S-22-0000-0001- A73A, and a portion of 002S-22-0000-0001-A730, and a .42 acre parcel on the southeast side of the RAC; and WHEREAS, and all required transportation mitigation for development in the original RAC, consisting of a north-south road parallel to SR 293, and an east-west extension of Commons Boulevard, has been completed; and WHEREAS, the Mid-Bay Marina DRI development is partially completed, and is continuing, and the property owners have requested that the Marina property and additional small parcels south of the DRI and contiguous to the RAC be incorporated into the RAC; and WHEREAS, incorporating the above-described property into the RAC will advance the goals of Okaloosa County’s Land Development Code to: a. Promote more efficient and economic uses of land, 1  b. Lower development and building costs by permitting smaller networks of utilities and streets and the use of more economical building types and shared facilities, c. Provide for open spaces and common areas and provide usable and suitably located recreational facilities within the development, d. Allow the controlled development of land uses most suitable to the proposed site and surrounding neighborhoods, and WHEREAS, for the above-stated reasons, it is in the public interest the above- described properties be incorporated into the RAC. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA. Section 1. The Mid-Bay Marina DRI, consisting of approximately 13 acres, and certain other small parcels and an easement for signage, consisting of approximately ten (10) acres beginning at the southern boundary of the marina, extending along Legendary Marina Drive, currently zoned “MU,” and other small parcels and a signage easement, all of which are depicted on Exhibit “A” hereto, are hereby incorporated into the RAC. The remaining vested DRI development shall continue to be governed by the DRI Development Order. Section 2. Approximately ten (10) acres on the northeast side of the RAC identified by property identification numbers 00-2S-22-0000-0001-A750, 00-2S-22-0000-0001-A740, 00-2S-22-0000-0001-A73A, and a portion of 00-2S-22-0000-0001-A730, and a small parcel of .42 acres on the southeast side of the RAC, all of which are depicted on Exhibit “A” and are currently zoned for mixed use, are hereby incorporated into the RAC. At this time development orders have not been applied for, nor has development been approved for these properties. Section 3. The boundaries of the Mid-Bay Regional Activity Center, as hereby amended, include a total of 209.4 acres, all as described on Exhibit “A” hereto. Section 4. The RAC Infrastructure Agreement, dated September 26, 2000, providing for roadway improvements to serve the Mid-Bay Regional Activity Center, reserved concurrency trips to the developer and its successors and assigns for fifteen (15) years. Such vesting is hereby extended for twenty (20) years, until September 26, 2035, or until all remaining trips reserved to the developer under the Agreement are used, whichever occurs first. It is further agreed that (1) development of the remaining vested DRI land uses shall not reduce the trips reserved under the Infrastructure Agreement and that development within the DRI boundary shall be subject to the terms and provisions of the DRI approval; and (2) the trip generation calculation for development approved subsequent to the date this ordinance is adopted, in Turnberry Harbour, Destin Commons, or the Mid-Bay Marina, shall use the ITE trip generation rates current at the time of the development application. Nothing herein shall be construed to exempt the developer or its 2 successors and assigns from the provisions of the County’s concurrency programs which will be applied to any development within the RAC over and above the development mitigated by the trip bank established pursuant to the Agreement of September 26, 2000, using the ITE trip generation rates current at the time of development application. Section 5. Consistent with Policy 10.19 of the Future Land Use Element of the Okaloosa County Comprehensive Plan, the County and the developer or its successors or assigns shall amend the RAC Infrastructure Agreement dated September 26, 2000 to identify and mitigate any development approved subsequent to the date this ordinance is adopted over and above the development mitigated by the trip bank established pursuant to the Agreement of September 26, 2000. Such amendment shall be made prior to the County’s approval of any development that would result in any trips in excess of the number of trips vested per the September 26, 2000 Agreement. Section 6. This Ordinance, and any ordinance, resolution, or agreement, or provision thereof, that implements this Ordinance, shall supersede any other Okaloosa County Ordinance, resolution, agreement, or provision thereof, that conflicts with any provision of this Ordinance or any implementing ordinance, resolution, agreement, or provision thereof. Section 7. Severability. If any provision of this ordinance is declared invalid in any administrative, quasi-judicial, or judicial proceeding, all remaining provisions of this Ordinance shall remain in full force and effect. Section 8. Effective Date. This Ordinance shall take effect on the date it is executed, unless a later effective date is provided by law. DULY PASSED AND ADOPTED in regular session this ____ day of ___________________, 2014. BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: __________________________________________ Charles K. Windes, Chairman ATTEST: _________________________________ Don Howard Clerk of Circuit Court 3