Okaloosa County BOCC — January 19, 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, 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 EMCA 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 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. 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. ("BBR") providing for the re-designation 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 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 re-designate 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 cleventh 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 Of fice density from Parcel CM-2 East to Parcel CM-4, and extend the Buildout Date for the Bluewater Bay DR! to September 30, 2009; and WHEREAS, a twelfth amendment was approved by Resolution #09-220 of the Board of County Commissioners of Okaloosa County on December 15, 2009 to extend the Buildout Date for the Bluewater Bay DRI to September 30, 2014; and WHEREAS, Bluewater Bay Resort, LLC and Randy Wise Homes, LLC have submitted an application to amend the previously approved Bluewater Bay Development of Regional Impact Development Order requesting a change to the DRI Master Development Map with regard to property described in the application as Fairway #4 of the Magnolia Golf Course (the “Property) to convert approximately 10.28 acres from the “Golf” designation to a combination of “M/L” designation (approximately 7 acres) and open space for the remainder of the Property; and WHEREAS, after due consideration, including a public hearing, the Board of County 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 (2012), and therefore do not require further development of regional impact review; NOW THEREFORE, the Board of County Commissioners of Okaloosa County hereby resolves as follows: SECTION I. FINDINGS OF FACT A. The proposed change to the DRI DO does constitute a change not previously vested under the DO or amendments thereto, but does not constitute a substantial deviation therefrom. B. The revised Master Development Map (attached hereto as Exhibit A and made a part hereof) contains amendments to the plan of development for the Bluewater Bay DRI as it was originally set forth in the Application for Development Approval and approved in Development Order #77-1, and as amended by Resolutions # 90-41, 92-15, 93-33, 95-48, 96-103, 96-109, 96-116, 99-39, 0001,01-199,06-114,08-188, and 09-220. Said revised Master Development Map is consistent with the Land Development Regulations and Comprehensive Plan of Okaloosa County. C. The revised Master Development Map will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. D. The revised Master Development Map 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 January 19, 2015 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, 08-118 and 09-220 is hereby again amended. The prior Master Development Map is deleted. Exhibit A , the revised Master Development Map (attached hereto and incorporated herein), is hereby adopted. The following changes to the Bluewater Bay DRI DO which result from the revision to the Master Development Map and which are set out in Exhibit A (attached hereto and incorporated herein) are hereby adopted: A. A change in designation of the DRI Master Development Map with regard to property described in the application as Fairway #4 of the Magnolia Golf Course (the “Property) to convert approximately 10.28 acres from the “Golf” designation to a combination of “M/L” designation (pproximately 6.43 acres) and “R” (approximately 3.85 acres). B. Development authorized herein shall be limited to a 21-lot single-family detached dwelling residential subdivision on the M/L designated part of the Property. BE IT FURTHER RESOLVED, by the Board of County Commissioners of Okaloosa County, that: The revised Master Development Map adopted by the amendment to Development Order #77-1 shall be applicable to Bluewater Bay Resort, LLC., the sole owner of the subject property, and its successors in interest. This entity shall henceforth be responsible for filing an annual report as required by Section 380.06(18), F. S., for the property which they own within the boundaries of the project by October 1" of each year. The number of approved residential units for the Bluewater Bay DRI Development Order is hereby fixed at the number of units shown on Exhibit A. Approval of this Resolution does not establish precedent for, imply, or warrant approval of any future or additional changes to DRI DO relative to properties owned by Bluewater Bay Resort, LLC, or relative to the Magnolia Golf Course. 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 Court. Passed and adopted this 19® day of January, 2016. Charles K. Windes, Jr., Chairman Okaloosa County Board of County Commissioners ATTEST: J. D. Peacock 1I Clerk of Court