Okaloosa County BOCC — May 17, 2013 — reading text

the amendment to the boundary by removing Parcels 1A-2 and 1-B; to amend the FLUM designation as advertised and to rezone the parcel as advertised. 5 yeas. ORDINANCE NO. 13-14 (FLUM) ORDINANCE NO. 13-15 (Rezone) PUBLIC HEARING – REQUEST TO CHANGE DEVELOPMENT ORDER FOR REGATTA BAY PUD, ROBERT GUIDRY FINANCIAL SERVICES AND EMERALD GRANDE DEVELOPMENT (9:00 A.M.) Mr. Kampert recapped the details of the proposed Development Order (DO) changes for the Regatta Bay PUD. He provided the following staff findings: • The properties are currently vacant and labeled as Future Developments 1 and 2 as noted on the proposed Master Plan. • The owners of the properties are proposing to build a hotel on Future Development 1 and a multifamily apartment complex on Future Development 2. • The requested amendment to the current PUD Master Plan would allow the property owners/developers to build the requested 209-unit hotel on Future Development 1 and 32- unit multifamily apartment complex on Future Development 2. • The properties are classified as “Vacant Commercial and Office Buildings” by the Property Appraiser for property tax purposes. March 19, 2013 -10- Minute Book 69, Page Okaloosa County Board of County Commissioners Packet Pg. 94  5.1.c • The existing uses of the adjacent properties are multifamily apartments and golf course to the north and to the east with Highway 98 to the south and Regatta Bay Boulevard to the west. • The applicant provided a traffic analysis study which shows that the decrease in apartment units and office space offsets the trips from the proposed hotel, resulting in no net increase in trips overall. The traffic study was also reviewed by the City of Destin’s consultant and resulted in approval by the City. Mr. Kampert reported three persons spoke at the Planning Commission hearing and expressed their concerns about ingress and egress, increased traffic, and reduction of setbacks. He Attachment: March 19 Regular (1657 : Approval of Minutes) advised staff has no objections to the proposed changes. Ms. Darlene Landsberger, representing the Regatta Bay Owners Association, came forward and read a letter from the Board of Directors of the subject association. The letter stated the developer’s agent Tom Patton had presented a summary proposal to the Board of Directors on March 15. It is their understanding the proposal is for a change of use and there is no specific development yet identified. They wished to communicate their concern on impact of traffic to the entrance of their community. Ms. Landsberger requested the homeowners association be included in all future development discussions. Mr. Tom Patton, agent for owner/developer, gave a brief history of the PUD. He noted that about 18 months ago a hotel developer expressed interest in constructing a Hyatt Place on the property but the deal fell apart because the existing land use would not permit a hotel. Mr. Patton said Mr. Guidry sees a real need for a quality businessman’s hotel with offices next door and has requested the above changes to accommodate this need. He stated they will solicit for a franchise. Mr. Patton stated HP from Tallahassee was asked to look at the land use without added traffic, noting they will also be asking for an additional curb cut at this site. He confirmed that prior to a project, they will have a full operation study conducted and will return to the Board with a full-blown analysis. Upon inquiry by Mr. Windes, Mr. Kampert stated it is unusual to request a full operational analysis on the front end. It is typically required at the time a Development Order is requested. Mr. Windes made motion, seconded by Mr. Parisot, to amend the Regatta Bay PUD Master Plan as advertised. 5 yeas. March 19, 2013 -11- Minute Book 69, Page Okaloosa County Board of County Commissioners Packet Pg. 95  5.1.c PUBLIC HEARING – AMENDING ORDINANCE NO. 07-12, OKALOOSA COUNTY BUSINESS TAX ORDINANCE (9:00 A.M.) Mr. Stanford read the advertised legal notice for public hearing to consider amending Ordinance No. 07-12, known as the Okaloosa County Business Tax Ordinance. Mr. Dowd reported this advertisement was made in accordance with Board instruction for the purpose of changing the annual business tax rate for all businesses to $35, beginning July 1, 2013. Existing businesses with a rate of $12.50 per year or less will be grandfathered in to receive a business tax rate of $25. These tax rates shall be increased by 5% every other year until the annual rate reaches $35 per year. Mr. Dowd stated the Attachment: March 19 Regular (1657 : Approval of Minutes) public hearing is advertised for today but Statutes require the proposed ordinance be read twice. He noted final action on the amendment will be delayed until the next meeting. No one from the public came forward to speak. Mr. Parisot commented that it will take 14 years for those businesses with a rate of $12.50 or lower to be brought up to the $35 rate. He asked if consideration can be given to grandfathering them at $25 or make changes every year to the rate. Mr. Amunds stated he favors everyone having the same rate and agrees with the Statutes. Mr. Parisot noted that he drafted an alternate ordinance and submitted it to Mr. Dowd. He said his version requires itinerant vendors to obtain a $35 business tax receipt. Mr. Harris asked if Mr. Parisot wants a vendor to pay $35 for a one-day event. Mr. Parisot replied that is what the Equity Study Commission recommended. Mr. Harris termed that “onerous.” Mr. Amunds asked Mr. Parisot if he is requesting everyone, regardless of where they are from, needs to purchase a $35 permit for the year. Mr. Parisot’s response was for the fiscal year. Mr. Ben Anderson, Tax Collector, stated Josh Allen is very knowledgeable on this subject. It is their interpretation the ordinance, as it reads, is that all people conducting business are under an obligation to obtain a business tax receipt. He said itinerant vendors are no different. Mr. Anderson noted his March 19, 2013 -12- Minute Book 69, Page Okaloosa County Board of County Commissioners Packet Pg. 96  5.1.c office sells event sponsor licenses that cover everyone. He was hopeful they could funnel everything through event sponsors. Mr. Anderson stated that requiring each itinerant vendor to purchase a permit could be difficult and challenging. Mr. Harris said if the sponsor purchases an event permit, the individual vendors do not have to worry about an individual permit. Upon inquiry by Mr. Harris, Mr. Allen stated it is a statutory requirement to display the business tax receipt/permit. Mr. Harris pointed out that typically a vendor must pay to have a booth for an event and questioned the expenses imposed on the vendor. Mr. Boyles said, “I think we are getting buried in the weeds on Attachment: March 19 Regular (1657 : Approval of Minutes) the itinerant tax thing.” He stated he supports the proposed amendment as written. Mr. Boyles added that the last thing we need to do is send someone around with a clipboard at events to collect a $35 fee. Mr. Harris once again said he likes buying a license for everyone at an event, noting we are trying to be business friendly and he thought that was the intent of changing the Business Tax Ordinance. He added this was never meant to be a fundraiser. Mr. Amunds closed the public hearing. Mr. Dowd stated the second reading of the proposed ordinance will be at the next meeting. VISITOR – CANDY HANSARD, EMERALD COAST REEF ASSOCIATION Ms. Candy Hansard, Vice President and Reef Deployment Director of the Emerald Coast Reef Association, made a presentation on the economic impact of artificial reefs. She listed the environmental, community, and economic benefits of these reefs. An example of economic impact was provided with regard to the sinking of the U.S.S. Oriskany. Ms. Hansard said according to the HAAS Research Center, the Oriskany brought in $2.2 Million the first year after deployment. She said more than $1.2 Million was spent on dive trips alone. Ms. Hansard spoke about NOAA’s Passport Program to promote diving along the Florida Panhandle called Panhandle Ship Wreck Trail. She shared her vision of promoting the Emerald Coast for economic prosperity. Her ideas included the creation of a UFO- like reef in Choctawhatchee Bay for diving and snorkeling. The March 19, 2013 -13- Minute Book 69, Page Okaloosa County Board of County Commissioners Packet Pg. 97  5.1.c reef would use solar lighting and be called “Out of this World.” Another was called “The Cathedral” and would not only be for diving and snorkeling but underwater weddings. Ms. Hansard encouraged the Board to maximize our resources by creating reefs in State waters. Ms. Hansard recommended the creation of a Marine Economic Advisory Committee. Mr. Amunds explained the county already has an economic council component in the Tourist Development Council. He told Ms. Hansard she may want to become involved in that committee. When Ms. Hansard asked if the county would support a Marine Economic Advisory Committee, Mr. Amunds again stated the county already has a committee. She then asked, “Can you help us get more revenues?” Mr. Amunds directed Ms. Hansard Attachment: March 19 Regular (1657 : Approval of Minutes) to speak with the Public Works Director about the county’s reef program. Mr. John Hofstad, Public Works Director, stated the county currently has already submitted six permit applications for reefs in State waters. He pointed out several of them have been sitting in the Corps of Engineers Office for more than one year. Mr. Hofstad said we are at the mercy of regulatory agencies. Mr. Jim Robertson, International Game Fishing Association, thanked Ms. Hansard for her efforts. He said he represents recreational anglers and there is more return on the dollar for deploying reefs in State waters. VISITOR – REAGAN HUFF, EAGLE RAM TENNIS CENTER COMMITTEE, REQUEST FOR ASSISTANCE Mr. Reagan Huff, Construction Committee Chairman for Eagle Ram Tennis Center, stated more than one year ago parents and coaches from Niceville High School and Ruckel Middle School came together to launch a program to build tennis courts. He stated the School Board has approved the project and land is available at Ruckel Middle School. The proposal is to build eight tennis courts and to work with USGA to make certain they are compliant. The tennis center will be a joint-use facility for the schools in the district and for the community. Mr. Huff stated $80,000 in private donations has been received and another $90,000 has been raised. He said the City of Niceville has agreed to demolish the existing building and to install conduit for lighting. March 19, 2013 -14- Minute Book 69, Page Okaloosa County Board of