Okaloosa County BOCC — April 5, 2016 — Regular BCC Meeting 02.16.2016 — reading text

2015 opposition letter to Elliot Kampert received from Attorney Jill Crew on behalf of Raimund Herden and Magnolia Plantation Property Owners Association • June 19 , 2015 - compatibility determination received from Jesse Rigby • July 10 , 2015 addendum to compatibility determination received from Jesse Rigby • October 29 , 2015 opposition letter to Greg Stewart received from Attorney Jill Crew on behalf of Raimund Herden and Magnolia Plantation Property Owners Association • December 17 , 2015 opposition letter to John Hofstad received from Attorney Jill Crew on behalf of Raimund Herden and Magnolia Plantation Property Owners Association Other background points made : • The County Public Works Department reviewed and had no problems with the traffic impact analysis provided with the application and the conceptual stormwater management system . • The applicant has adequately responded to all requests for additional information made by the county . • Staff position is : o The proposed change to the ORI DO does constitute a change not previously vested under the DO or amendments thereto but does not constitute a substantial deviation therefrom . o Unless evidence is presented to the contrary , the proposed change is consistent with the Land Development Code (LDC) and Comprehensive Plan . o The proposed change does not interfere with achievement of the objectives of an applicable state land development plan . o The proposed change is consistent with the State Comprehensive Plan . o Any approval of the proposed change should be conditioned upon this specific requested change only and should state that said approval does not imply , form a precedent for , or warrant the basis for any future approvals . February 16 , 2016 -11- Minute Book 74 , Page 12 7 Okaloosa County Board of County Commissioners Mr . Kampert told the Board Mrs . Crew has submitted two additional letters. Mr . Kampert stated , per §380 . 06(19) (e) , Florida Statutes , local government shall either deny the application for amendment or adopt an amendment to the development order which approves the application with or without conditions . If the local government determines the proposed change does not require further development-of-regional-impact review and is otherwise approved , the local government shall issue an amendment to the development order incorporating the approved change and conditions of approval relating to the change , §380 . 06(19) (f ) (6) , FS . The local government may also deny the proposed change based on matters relating to local issues ; for example , the subject land is plat restricted in a way which would be incompatible with the proposed change and local government does not wish to ·change the plat restriction (§380 . 06(19) (f) (5) , FS . If the application is denied , the reasons for denial must be specified . Mr . Rigby asked if Mr . Kampert is to be considered an expert in land planning and asked about his credentials . Mr . Boyles said he believes Mr . Kampert is adequately qualified to speak on this matter . Mr . Stewart asked for Mr . Kampert to detail his background and credentials so the record is clear . Mr . Kampert complied . Mr . Boyles announced that his determination of Mr . Kampert as an expert stands . Each commissioner voiced his/her support with Mr . Windes stating there is consensus of the Board that Mr . Kampert is an expert . Mrs . Jill Crew with Crew & Crew of Fort Walton Beach stated she does not dispute Mr. Kampe rt ' s knowledge . She said throughout this application process there have been a number of closed door sessions between Mr . Kampert and Mr . Rigby . Mrs . Crew also said there were private emails and letters and expressed concern about bias or that some information may have been conveyed to Mr . Kampert which may affect his recommendation . She stated that if she had been privy to all communication she would not feel this way . Mrs . Crew said she does not believe Mr . Kampert should be allowed as an expert . Mr . Stewart stated the communications have been put on record . He told Mrs. Crew that as an objector she is limited as that role is provided to the commissioners and staff . Mr . Stewart instructed her to bring up her issue of bias when it is her turn to speak . February 16 , 2016 -12- Minute Book 74 , Page 128 Okaloosa County Board of County Commissioners Mr . Jesse Rigby , attorney representing Randy Wise , stated there were two meetings and either Mr . Stewart and/or Mrs . Lynn Hoshihara were present for those meetings . He noted that Randy Wise attended one of those meetings . Mr . Rigby said it is normal for an applicant to meet with staff on complicated matters . Mr. Rigby referred to the staff report and attached exhibits . He was of the opinion Exhibit OC-1 , 2 , 6 , 7 , 8 , and 9 are admissible as evidence . However , he did not feel Exhibits 3 , 4 , and 5 were admissible as evidence because they are letters from Mrs . Crew . Mr . Stewart recommended all material submitted by staff and attached to the agenda request be taken into evidence and weighed . Mr . Boyles made motion , seconded by Mr . Goodwin , to accept the entire report , including exhibits , with the understanding they will be weighed as appropriate . 5 yeas . Mr. Rigby presented a binder to each commissioner , the County Attorney , and the Clerk . The first page is identified by the word INDEX with 10 listings . Mr . Harris made motion , seconded by Mrs. Ketchel , to accept this document as evidence . Questions were posed about which listings would be acceptable as all are not specific laws . Mr . Stewart replied that it is not uncommon to submit facts and laws for consideration . Mr . Harris noted that was the reason for the motion . Mr . Stewart stated the formal rulings of evidence do not apply in this venue , pointing out this is a fact-finding body . 5 yeas . Mr . Rigby stated that as he explains the document , certain witnesses will be called . Witnesses were identified as Randy Wise (applicant) , Matt Parker (civil engineer) , Kenneth Metcalf (professional planner) and Jerry Zivan (attorney and formerly president of Europco Management Company of America which is the successor to the original developer of Bluewater Bay) . Mr . Rigby advised that Rick Hall (traffic engineer) , Jason Shirey (MIA appraiser) , and Patrick Hodges (landscape architect) are also available to be called as witnesses . Mr . Wise was called forward . He stated he has been a builder and developer in the local area for almost forty years . Mr . Wise stated that one golf course closes every fifty days and there is a dark cloud of uncertainty hanging over these type properties . He identified Hole (Fairway) #4 on the map and stated the plan is to build Southern Living style bungalows on February 16 , 2016 -13- Minute Book 74 , Page 129 Okaloosa County Board of County Commissioners 21 lots . Estimated costs of the proposed houses are $400 , 000 to $550 , 000 . Upon inquiry by Mr . Rigby , Mr . Wise stated he does not own the Fairway #4 property but he does have a contract to purchase if the ORI DO is amended . Mr . Matt Parker , civil engineer , stated he is a 1999 graduate of Auburn University and has held a professional license in Florida since 2004 . He continued by outlining his experiences . Mr . Rigby asked for acceptance of Mr . Parker as an expert in civil engineering and stormwater . Mr . Boyles made motion , seconded by Mr. Harris , to accept Mr . Parker as an expert . 5 yeas. Mr . Rigby asked Mr. Parker a series of questions regarding the boundaries of Fairway #4 and the proposed stormwater management plan for this property . Mr . Parker explained the plan to protect the natural vegetation and to provide a wide buffer . He advised the plan has been designed for a 100-year storm event . Mr . Parker reported the design has been vetted by the Northwest Florida Water Management District which issued the permit . He added the plan complies with all county , state , and federal requirements and has been fully designed . Mr. Parker referred to a letter from the Army Corps of Engineers which states the plan will not impact the wetlands . He said the plan is very conservative and goes above and beyond existing stormwater management in this area . Mr . Parker pointed out the design will also treat sheet flow from the back half of Magnolia Forest Subdivision . Continuing , Mr . Parker answered questions on drainage patterns , pipes and easements . He confirmed there will be no change in the drainage easement . Mrs . Ketchel asked if the topography maps of the site prior to design of the golf course were pulled for review . Mr . Parker replied that he looked at old USGS maps , looked at older topography maps , as well as reviewing current happenings (landscape/geography) . In answer to a question posed by Mr . Rigby, Mr. Parker stated any natural creeks or wetlands were impacted before he arrived on the scene . Upon inquiry by Mr . Goodwin , Mr . Parker stated the first floor elevations will be very similar to those in Magnolia Forest . Upon further inquiry by Mr. Goodwin , Mr . Parker replied the treatment capacity of the pond exceeds permit thresholds , is an open system , and is designed for a 100-year critical event rather than the required 25-year event. Mr. Parker stated the depth of the retention area is 18 inches . Upon inquiry by Mrs . Ketchel about the use February 16 , 2016 -14- Minute Book 74 , Page 130 Okaloosa County Board of County Commissioners of pesticides , Mr . Parker said that is not his area of expertise . Mr. Rigby called Kenneth Metcalf forward . Mr. Metcalf stated he is the director of planning for Stearns Weaver Miller , PA of Tallahassee . He advised that he has been a professional planner for 30 years with 15 of those with the Department of Community Affairs ( DCA) , now known as the Department of Economic Opportunity (DEO) . Mr . Metcalf also noted that is a certified member of AICP . Mr. Boyles made motion , seconded by Mrs . Ketchel , to accept Mr . Metcalf as an expert witness . 5 yeas . Mr . Metcalf made a PowerPoint presentation which included the purpose of his analysis , an explanation of the proposed amendment , and an explanation of the consistency determination of the adrninistrati ve element . He focused on Land Use Objective 3 which states the county shall encourage redevelopment of areas that are exhibiting evidence of decline . Mr . Metcalf pointed out the former golf course is no longer in operation and is dilapidated in its current condition . He continued with an examination of the county ' s land use policies . Mr . Jerry Zi van was called forward by Mr . Rigby . Mr . Zi van stated he is a member of both the Georgia Bar and the Florida Bar. He detailed his involvement with European investors beginning in 1973 with the area which became Bluewater Bay . He held the position of Vice President and General Counsel and worked on the original ORI . In 1978 he became president of Europco . Mr . Zi van stated he took a sabbatical with Raimund Herden taking over his position , adding that his role as developer of Bluewater Bay ended