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

the current gated communities in Bluewater Bay ; asked if a new subdivision would have to abide by Bluewater Bay covenants and restrictions • Roland Anthony , Wren Way : said construction of nice homes would be better than what is there right now and would be aesthetically pleasing ; thinks new development would help with stormwater runoff and protect environment ; new homes would bring new life to an aging community • Andrew Johnson , Wren Way : bought house in May 2015 at a lower cost because of uncertainty of what would happen with the vacant area (defunct golf course) ; said Mr . Wise answered all their questions ; believes new homes would revitalize the area ; need to put issue to bed and resolve uncertainty • Don Sharp , Wren Way : originally opposed development but found the overgrown abandoned golf course unpleasant and found Mr . Wise to be open and will do what is best for Bluewater Bay ; felt Mr. Wise to be one of the finest builders around ; said new homes would bring new life to Bluewater Bay , add to the quality life in the community , and add value to existing properties • Steve Pearce , Magnolia Plantation : said no one has said anything bad about Randy Wise and thinks the issue is bigger than Mr . Wise and needs to look at Bluewater Bay in its entirety • Thaddeus Wallace , Wren Way : stated Randy Wise is a great builder but believes the issue is bigger than that ; asked February 16 , 2016 -20- Minute Book 74 , Page 136 Okaloosa County Board of County Commissioners  if a lift station will be needed for the new homes ; would like to keep the neighborhood as it currently is • Jennifer Hough , Wren Way : said her home would not be more valuable if a lift station is on the road in front of her house ; expressed concern for safety of children • Kirsten Leech , Magnolia Plantation : chose Magnolia Plantation because of the open space ; if there is doubt the commissioners should vote " no " • Robin Boman , Lost Horse Circle : chose Magnolia Plantation because it was a gated community and safety is a priority ; golf course is not lush and green but does provide open space Public comment was concluded . Mr . Rigby stated there are lift stations in every subdivision and no one knows they are there . He then called Jason Shiree , MAI appraiser with EquiValue Appraisal (Destin) , forward . Mr . Shiree stated as an evaluator he is looking at the houses proposed for construction and land development . He said it is a quality development. The prices are $200 per square foot which is 20 % to 40 % higher than existing houses in Bluewater Bay . Mr . Shiree stated having more expensive houses in an area does have a direct positive impact . Mr . Rigby recalled Mr . Zi van and posed questions regarding the closing documents . Mr . Zi van stated there was nothing in the deed or reciprocal easement regarding restrictions . He said when imposition of restrictions was discussed in 1992 , Bluewater Resort stated that would be a deal breaker . Mr . Rigby stated there was also discussion about turning the golf course over to the homeowners association but that never occurred. He referenced the plat and legal description . Mr . Rigby added that he was not party to what happened in 2013 and he does not know what anyone thought at that time . He told the Board it has the application and can address any issues . Mr . Rigby stated there have been comments about changing the DRI and said the very nature of a DRI shows it is prone to change . He noted there have been 13 previous amendments to this DRI . Mr . Rigby pointed out that any changes since 1999 have been by someone other than the original developers . He said Mr . Herden did not impose any restrictive covenants because the transaction would not have taken place . February 16 , 2016 -21- Minute Book 74 , Page 137 Okaloosa County Board of County Commissioners Continuing , Mr . Rigby stated he has not seen the lawsuit Mrs . Crew spoke of . He said the court cannot address what the Board of County Commissioners is being asked to address here tonight . Mr . Rigby acknowledged the right to appeal the Board ' s decision and if the court was to set aside the Board ' s decision , it would be sent back to the Board . He underscored the fact that the judge/court cannot sit in these chairs and make this decision . Mr . Windes brought the discussion back to the Board . He said most of the opposition is from people affected directly . Mr . Windes stated the overall impact on Bluewater Bay must be considered . Mr . Boyles expressed his displeasure , noting that he likes his job but at this moment he likes it less . He told the audience whatever decision is reached will not be a win for the commissioners or for Bluewater Bay . Mr . Boyles stated that at the end of the day this whole issue has been about money with regard to the development and sell of Bluewater Bay properties . He referred to Mr . Zivan ' s comment that placing any restrictive covenants on the property would have killed the deal . It was his opinion Mr . Herden bears responsibility and feels his actions were more for personal concerns than those of the community. Mr . Boyles stated the documents did not require the golf course to remain a part of the development or to be maintained as private property . He said the Board is now tasked with resolving the issue . Mr . Boyles advised that he can find no reasons to deny the request and said the property owner has a legal right to make changes on the property . He said the Board can place stipulations or restrictions and he does not think that is unreasonable . Mr . Boyles made motion , seconded by Mr . Goodwin , to stipulate the new development will address stormwater discharge from the adjoining parcels , require a dedication of open space for the public at large or residents of ORI at large , and to reduce the overall density by using the differential of 20 %-22 % of the adjoining property and to reduce the size of the proposed subdivision by two lots . Discussion ensued regarding the dedication of open space . Mr . Rigby referred to Mr . Parker ' s earlier presentation and stated the stormwater plan will take care of sheet flow from the back side of lots in Magnolia Forest . Mr . Boyles acknowledged the clarification and amended his motion accordingly . February 16 , 2016 -22- Minute Book 74 , Page 138 Okaloosa County Board of County Commissioners Mr . Rigby posed questions about maintenance of the open space . He said the picnic area will be managed by the subdivision . Mr. Rigby stated if the area is opened to everyone at large , it would not be fair to the subdivision . He clarified that the restrictive covenants for its use would not change but off erect that is a different scenario than opening it to the public at large . Mr . Boyles commented the golf course had been opened to the ORI at large . Mr . Rigby stated the property owners had to agree to join the golf course. He asked where the funds will come from for maintenance. Mr . Boyles suggested funds from the MSBU , from the master association , or dedication to the county . Mr . Rigby stated there is no master association and questioned the incorporation into the MSBU . Mr . Wise questioned policing of the area . Mr . Rigby pointed out there would be no parking areas for the public . Mr . Boyles said that is his point that it would only be people who live there . Mr . Goodwin stated green space is important and feels opening this space to the public may be too broad . He said as a taxpayer he does not want their roads either . Mr . Rigby stated that reducing the number of lots is going back to square one on development of the subdivision. He questioned the relationship of reducing the number of lots to the neighborhood. Mr . Boyles said he feels density does matter . Mr. Harris said he cannot agree to changing the density and thinks it is unfair to the builder . He also questioned the dedication of the open space. Mr . Stewart stated if the open space or road is dedicated to the county , then the county absorbs the responsibility for maintenance. He felt funding for maintenance of the open space would be a legitimate expense but noted the MSBU is already strapped . Mr . Goodwin again spoke on the dedication of land and road . He stressed that he does not want it to become a county park . "I don ' t want their road or their park ," emphasizing this is a private development . He asked Mr . Boyles if he is open to a friendly amendment. Mr . Boyles worked through his logic regarding additional green space . Mr. Goodwin suggested approving the request for density subject to dedication of the green space to the ORI as a whole. He said the property would remain in private hands and he supports the requirement to February 16 , 2016 -23- Minute Book 74 , Page 139 Okaloosa County Board of County Commissioners handle the stormwater as addressed by Mr . Parker . A lengthy discussion ensued between Mr . Boyles , Mr . Goodwin and Mr . Harris . Mr . Rigby asked for clarification , saying they understand the stipulation of handling sheet flow from the back of the lots of Magnolia Forest but they do not understand the percentage issue . He pointed out there are all sorts of lot sizes in that subdivision . Mr . Boyles ref erred to Page 16 in Mr . Rigby ' s handout which states lots are 22 % smaller than abutting lots . Mr . Rigby stated then the differential of 10 % would mean the lot sizes for the proposed development would have to be increased rather than decreased . Mr . Boyles stated he wants more green space . Discussion continued on a way to increase green space , including options of reducing the number of lots to altering the lane widths of the roadway in the subdivision . Public Works Director Jason Autrey pointed out lane width could be reduced for private roads . Mr . Boyles amended his motion with regard to the last stipulation , by stating the green space will be increased by 7 , 704 square feet which is the equivalent of one lot . The size of the property to be designated as " R" will be increased by 7 , 704 square feet and the portion to be designated as " M/L " will be decreased by 7 , 704 square feet . Mrs . Ketchel commented that many people are concerned about future development in Bluewater Bay and she would like to see information on a phased development . Mr . Harris commented that is an issue for a separate vote , saying he does not want to mess this up at this point . Mr . Boyles restated his motion is to approve the ORI DO amendment with the following provisions : 1. Accept the sheet flow from adjoining lots 2. Open space on final plat to be dedicated to ORI 3. Allocation of space for " R" to be increased by 7 , 700 square feet and space allocated as " M/L " to be reduced by 7 , 700 square feet Mr . Goodwin confirmed his second . 4 yeas , 1 nay . (Mr . Windes voted no . ) RESOLUTION NO . 16-55 Mr . Boyles made motion , seconded by Mrs . Ketchel , to direct staff to conduct a thorough review of the ORI amendment process . Items for consideration include vetting through county February 16 , 2016 -24 - Minute Book 74 , Page 140 Okaloosa County Board of County Commissioners government, the role of the Planning Commission , and requiring a master plan from potential developers. 5 yeas . Mr . Stewart stated approval of the