Okaloosa County BOCC — November 3, 2015 — CCPA to Stewart - Ltr re Object to Randy Wise Hearing (15-10-29)

October 29, 2015 VIA EMAIL Mr. Greg Stewart Nabors, Giblin & Nickerson, P.A Okaloosa County Attorney Re: Objection to Scheduling Randy Wise’s Development Application for Fairway 4 - Magnolia Plantation for Hearing; Failure to Timely Produce Public Records and Prejudice to Magnolia Plantation Mr. Stewart, As you are aware, I represent Mr. Raimund Herden in his capacity as the representative of Bluewater Bay Development Corporation (“BBDC”), the developer of Bluewater Bay, and EMCA Forest Investors (“EFI”), the sole developer of Magnolia Plantation. I also represent Magnolia Plantation Property Owners Association (“MPPOA”). BBDC, EFI, and MPPOA object to Randy Wise’s attempts to redevelop the Magnolia Plantation golf course from an open space golf course to residential dwellings. Our objections were previously documented by my letter to Okaloosa County dated June 12, 2015. BBDC, EFI, and MPPOA further object to Okaloosa County and Randy Wise unilaterally setting a December 15, 2015, hearing date before the Okaloosa County Board of County Commissioners (“BCC”) for Randy Wise’s redevelopment application. Although we believe a hearing is not warranted at this time, for the reasons set forth in this letter, any hearing that is set before the BCC must be coordinated with me and my clients to prevent prejudice to my clients’ interests. The fact that Okaloosa County failed to timely produce documents to me has substantially prejudiced my clients ability to defend their interests at a hearing scheduled for December 15, 2015. As I have stated before, Mr. Raimund Herden will be traveling out of the country on December 15, 2015. My experts are not available on such short notice to appear at any hearing in December 2015. I. Procedural History Concerning Randy Wise’s Attempts to Develop Magnolia Plantation Golf Course. In January 2013, Randy Wise Homes and Bluewater Bay Resort (“BBR”) submitted a Notice of Proposed Change (“NOPC”) to develop Fairways 4, 6, 7 and 9 of the Magnolia Plantation golf course. The NOPC contained conceptual plans for the phased development on Fairways 4, 6, 7 and 9. On April 22, 2013, a mere two days before the scheduled BCC hearing to consider the NOPC, Randy Wise and BBR withdrew their application. In April 2015, Randy Wise Homes re-submitted an application to redevelop only Fairway 4 of the Magnolia Plantation golf course. We believe Randy Wise’s application constitutes a deception on the County because Randy Wise intends to proceed with a phased development of Fairways 4, 6, 7, 9, and 1 if he is approved for 238 MIRACLE STRIP PKWY SW (850) 244-0400 FAX (850) 244-4488 FORT WALTON BEACH, FL 32548 (888) 244-4LAW JILL@CREWLAW.COM Mr. Greg Stewart Page 2 of 5 October 29, 2015 Fairway 4. We are aware of this because Randy Wise has disseminated his conceptual development plans to my clients and to other Magnolia Plantation residents in an attempt to gather their support for his Fairway 4 development application. II. Bluewater Bay Residential is Fully Built Out; There are No Residential Entitlements Available for Development in Magnolia Plantation. Mr. Herden has repeatedly stated there are no available residential entitlements in the Bluewater Bay - Development of Regional Impact (“BWB DRI”), as all unused residential entitlements were either relinquished or converted into commercial entitlements. Mr. Herden has stated the only authorized use of the property identified as “G” on the Master Land Use Plan Map for Magnolia Plantation is for open space golf. Mr. Herden further stated that development on the Magnolia Plantation fairways is restricted because of recorded, reciprocal storm water, drainage and utility easements agreed upon by BBR and Mr. Herden. The Cou