Okaloosa County BOCC — July 15, 2014 — reading text

the north by Choctawhatchee Bay, on the east by the Regatta Bay subdivision, on the south by US Highway 98, and on the west by State Road 293, Destin Middle School, and the previously permitted Mid-Bay Marina DRI. On February 18, 2014 the Board of County Commissioners (BCC) approved a boundary change for the RAC as described in Ordinance No. 14-06. As part of the approval a follow-up Comprehensive Plan text amendment was required to authorize the location of the RAC on the Future Land Use Map as specified in Ord. No. 14-06. In this regard, a new Future Land Use Element Policy 10.20 is proposed as follows. Policy 10.20 The Mid-Bay Regional Activity Center (Mid-Bay RAC) shall be illustrated as an overlay on the Okaloosa County Future Land Use Map and will include the approximately 209.8 acres depicted and described in Ordinance 14-06. All development within the Mid-Bay RAC shall be consistent with the underlying Future Land Use Map and zoning designations and subject to the provisions of Chapter 380.06(2) (e), F.S., Rule 28.24-014, F.A.C., and Policy 10.19 of the Future Land Use Element of the Okaloosa County Comprehensive Plan. The Board approved this item for state agency review at a public hearing held May 6, 2014. The reviewing state agencies raised no objections to the requested amendment. PUBLIC COMMENT/OPPOSITION: None to date. PLANNING COMMISSION: The Planning Commission voted unanimously to recommend approval at a public hearing held April 10, 2014. MILITARY REPRESENTATIVE: No comment. STAFF POSITION: Staff supports the requested text amendment. Packet Pg. 12  RECOMMENDATION: It is recommended that the Board consider the facts presented herein, as well as any facts that may be presented at the public hearing, and then decide whether or not to approve the amendment by ordinance. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 13 Packet Pg. 14 Packet Pg. 15 Packet Pg. 16 Packet Pg. 17 Packet Pg. 18  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: July 15, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Public Hearing: Vacation of Bullock Blvd Spur DEPARTMENT: Public Works BCC DISTRICT: 5 STATEMENT OF ISSUE: Stephen Rose of Okaloosa Walton Development Co. Is petitioning the Board of County Commissioners to vacate a portion of Bullock Blvd. Mr. Rose has purchased several tracts of land which are accessed by this right-of-way to be vacated. If vacation is approved, Mr. Rose intends to acquire the vacated right-of-way from the adjacent landowners and use the right-of-way as a privately maintained access to a single family development. BACKGROUND: In February of 1968, Mr. Bill E. Boone and Reba Boone, husband and wife, granted the Board of County Commissioners a strip of right-of-way by warranty deed as recorded in the Official Records at Book 475, Page 343. This right-of-way is 42 feet in width and 154 feet in length. The purpose for the right-of-way was to provide access to property at 502 Bullock Blvd., which was a new home at the time of the right-of-way acquisition in 1968. This Bullock Blvd spur was paved sometime in the past and this led to encroachment of pavement outside the boundaries of the right-of-way. Mr. Stephen Rose now owns the property located at the south end of Bullock Blvd spur and his desire is to vacate this right-of-way and transform it into a private access to his future development. Mr. Rose intends to relocate the roadway so that it lies within the limits of right-of- way as a part of his development order to construct a single family residence subdivision. Mr. Rose was made aware that vacated right-of-way is divided down the centerline and added to the adjacent and contiguous properties lying along either side of the vacated right-of-way. The acquisition of the vacated right-of-way will be Mr. Rose responsibility after the vacation process. Mr. Rose is preparing the necessary instruments to acquire the vacated right-of-way from the adjacent landowners so that he can build an access entrance to his development. Since the posting of the public notice for both this vacation request and the notice of intent to issue the development order, Growth Management has received notice from five nearby residents objecting to the overall project. Two concerns were expressed solely by telephone call and three requests included a follow up written objection (attached hereto). Concern regarding the development is focused on an increase in traffic and safety related to an existing bend in the roadway leading to the area of the vacation request. One letter mentions the specific objection to the vacation directly as well as the proposed future use plan. The request to vacate from the petitioner is directly related to the proposed development. OPTIONS: Approve/Disapprove the vacation of the right-of-way. Packet Pg. 19 RECOMMENDATIONS: Approve the request to vacate right-of-way as requested by the petitioner Mr. Stephen Rose president of Okaloosa Walton Development Co. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 20 Packet Pg. 21 Packet Pg. 22 Packet Pg. 23 Packet Pg. 24 County R/W Bk. 475, Pg. 343 proposed to be vacated by Stephen Rose ELISE WHITTENBURG PROPERTY Future Development by Grand Oaks Place Townhomes Stephen Rose and Associates Plat Book 21, Page 48 Packet Pg. 25 Packet Pg. 26 Packet Pg. 27 Packet Pg. 28 Packet Pg. 29 Packet Pg. 30 Packet Pg. 31  RESOLUTION NO. 14 - ________ WHEREAS, Mr. Stephen Rose, Okaloosa Walton Development Company, petitioned the Board of County Commissioners of Okaloosa County, Florida, to vacate a portion of Bullock Blvd. in Niceville, Florida, more particularly described as follows: Beginning at a point that is 282.94 feet East of the Northwest corner of the Southwest Quarter of the Northwest quarter of the Southeast Quarter, Section 8, Township 1 South, Range 22 West, Thence East 42.00 feet; thence South 154.00 feet; thence West 42.00 feet; thence North 154.00 feet to the point of beginning. WHEREAS, the Board has considered the same and heard the proposal in detail. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Okaloosa County, Florida, that the petition of the above named party to vacate property hereby described is hereby granted without stipulations: DULY PASSED AND ADOPTED in the regular session this 15th day of July, 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ Charles K. Windes, Jr. Chairman ATTEST: DON W. HOWARD CERK OF CIRCUIT COURT By:__________________________________ Deputy Clerk Packet Pg. 32 Packet Pg. 33 Packet Pg. 34 Packet Pg. 35  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: July 15, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Shalimar Golf Cart Ordinance - Public Hearing DEPARTMENT: Public Works BCC DISTRICT: District 2 STATEMENT OF ISSUE: Staff is requesting that the BCC convene a Public Hearing on July 15, 2014 to hear arguments both for and against implementation of a new ordinance allowing the use of golf carts on County roads within the Lake Lorraine subdivision of Shalimar. BACKGROUND: Earlier this year, the District 2 Commissioner and County staff were approached by residents of the Lake Lorraine area of Shalimar inquiring about the use of golf carts on County roads in and around the Town of Shalimar. Many of the residents of the Lake Lorraine subdivision are retirees and/or patrons of the local Shalimar Pointe Country Club. Golf carts are a fixture in this area as a means of transportation for those that enjoy the golfing lifestyle. In addition, the Town of Shalimar authorizes the use of golf carts as a means of travel for those residents within their jurisdictional boundary. On May 13, 2014, the District 2 Commissioner, along with staff of Public Works, hosted a Town Hall meeting at the Shalimar Pointe Country Club to engage discussion regarding the use of golf carts on County maintained roads in the area. This meeting was well attended with over 50 area residents participating in the discussion. After an explanation from staff as to the requirements and general conditions for allowing golf cart use on County roads, the Commissioner called for a vote on the issue from those in attendance. The overwhelming majority of residents supported the initiative and asked that the County begin the implementation process. Only a small segment of those in attendance (<10%) did not support the proposal. With the support of the local community, staff began the process of crafting an ordinance which would allow the use of golf carts on County maintained roads in the Lake Lorraine area. The County’s legal counsel drafted the attached ordinance which establishes the requirements/restrictions for the safe operation of golf carts in the Lake Lorraine, Meigs Drive, and Dogwood Drive areas of unincorporated Shalimar. The proposed ordinance is similar to an ordinance previously adopted by the Board in January 2012 which authorized the use of golf carts on County Roads in the vicinity of Rocky Bayou Country Club in the Niceville area. In order to formally adopt the proposed ordinance, the BCC must first convene a Public Hearing to hear arguments both for and against implementation. This meeting was originally scheduled to convene on July 15, 2014 in Fort Walton Beach at, or shortly after, 9:00am. Unfortunately, specific statutory requirements for advertising the public hearing were not met and the meeting has to be rescheduled in order to meet these requirements. For this reason, staff is recommending pushing the public hearing back to the August 19th meeting in Fort Walton Beach with a proposed start time of 6:30pm, or shortly thereafter. Packet Pg. 36 OPTIONS: Approve/Disapprove rescheduling the Public Hearing to August 19, 2014 during the regularly scheduled BCC meeting to hear arguments both for and against implementation of a golf cart ordinance for the Lake Lorraine area of unincorporated Shalimar. RECOMMENDATIONS: Staff requests that the Board of County Commissioners reschedule a Public Hearing for August 19, 2014, on or shortly after 6:30pm, to hear arguments both for and against implementation of a golf cart ordinance for the Lake Lorraine area of unincorporated Shalimar. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 37  ORDINANCE NO. 14-__ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA, CREATING A NEW SECTION 21-61, CHAPTER