Okaloosa County BOCC — May 17, 2013 — March 19 Regular — reading text

office is to collect the tax or must it be done in the public hearing. Mr. Dowd answered the Board can support a March 19, 2013 -5- Minute Book 69, Page Okaloosa County Board of County Commissioners recommended amendment to the ordinance but a public hearing is necessary. Mr. Howard asked the Board to make certain there is an appetite to change the ordinance before going forward with the public hearing unless it is a means of political justification. Mr. Windes said from a business standpoint, it makes sense to him to advocate for splitting the duties and let the Tax Collector collect the tourist development tax. Mr. Windes made motion, seconded by Mr. Boyles, to transfer the responsibility of collection of Tourist Development taxes at the TDC level from the Clerk to the Tax Collector with an effective date of October 1, 2013; more specifically to amend the applicable ordinance for such action. Upon inquiry by Mr. Dowd, Mr. Windes replied his motion does include authorization to advertise for the public hearing to amend the ordinance. Mr. Parisot asked if that is the only change to be made. Mr. Dowd responded the motion is to amend the collection procedures. Mr. Parisot again asked if other changes may be considered. Mr. Dowd replied, “if Mr. Windes consents.” Mr. Parisot asked if other updates to the tourist development program could be made to correspond with Attorney General Bondi’s opinions. Mr. Windes asked Mr. Dowd if that would put the county on more solid ground. Mr. Dowd responded he thinks those changes have been incorporated in the county’s most recently prepared ordinance and that language can be added. Mr. Windes agreed to add additional issues to the public hearing. Mr. Boyles, however, felt if Mr. Parisot has additional amendments, he should bring those forward as an agenda item to give commissioners an opportunity to review them. He stated he wants to only look at the issue of collection responsibilities. Mr. Harris disagreed with Mr. Parisot and said this is an onerous task the Board is taking on. He and Mr. Amunds recommended staying with the original motion. Mr. Windes confirmed his motion is to address only the change in collection of tourist development tax from the Clerk to the Tax Collector, authorizing advertising for public hearing of the applicable ordinance. 4 yeas, 1 nay. (Mr. Parisot voted no.) RECESS – The meeting was recessed at 9:58 a.m. and reconvened at 10:14 a.m. March 19, 2013 -6- Minute Book 69, Page Okaloosa County Board of County Commissioners PUBLIC HEARING – REQUEST TO AMEND FLUM DESIGNATION AND REZONE .6 ACRE AT LEWIS TURNER BOULEVARD AND MOONEY ROAD, TAYLOR ALLEN HOLDINGS AND WELLBORN VENTURES (9:00 A.M.) Mr. Stanford read the advertised legal notice for public hearing to consider the request submitted by Blackshear Planning Inc. as agent for Taylor Allen Holdings, LLC and Wellborn Ventures, LLC relating to property at the intersection of Lewis Turner Boulevard and Mooney Road in Fort Walton Beach containing .6 acre. The request is to change the Future Land Use Map (FLUM) designation from Low Density Residential (LDR) to Commercial (C) or a more restrictive FLUM designation. If the FLUM amendment is approved, petitioner further requests to rezone subject parcel from Residential-1 (R-1) to General Commercial (C-3) or a more restrictive zoning district. Mr. Dowd told all individuals who plan to speak at any of the FLUM and rezoning hearings that these are quasi-judicial proceedings and asked them to stand and be sworn in. Mr. Elliot Kampert, Growth Management Director, reiterated the details of the advertisement Mr. Stanford read into the record. He provided the following staff findings: • Owners Taylor Allen Holdings, LLC and Wellborn Ventures, LLC bought the subject property from the U.S. Department of Agriculture in January 2013 • The property is located at the intersection of Lewis Turner Boulevard, a major arterial highway, and Mooney Road, a major collector road • The property is surrounded on all sides by the City of Fort Walton Beach; adjacent properties are zoned R-2 Multifamily residential, Recreation, Community Facilities, and Commercial • Given the location and size of the property, it is not generally suitable for single-family use Mr. Kampert reported receipt of one email expressing concern about traffic. He reported the Planning Commission voted unanimously to recommend approval at its hearing on February 14, 2013. There was no comment from the military representative and staff has no objection to the requests. No one came forward to speak in favor of or in opposition to requested changes. March 19, 2013 -7- Minute Book 69, Page Okaloosa County Board of County Commissioners Mr. Parisot made motion, seconded by Mr. Harris, to adopt an ordinance amending the FLUM designation as advertised and to rezone as advertised. 5 yeas. ORDINANCE NO. 13-12 (FLUM designation) ORDINANCE NO. 13-13 (Rezoning) PUBLIC HEARING – REQUEST TO CHANGE THE KELLY PLANTATION PUD MASTER PLAN; REQUEST TO AMEND FLUM DESIGNATION AND REZONE 4.55 ACRES ON NORTH SIDE OF HIGHWAY 98 IN DESTIN (9:00 A.M.) Mr. Stanford read the advertised legal notice for public hearing of the requests submitted by William Dunaway as agent for Synovus Bank to amend the boundaries of Kelly Plantation Planned Unit Development (PUD) by removing Parkway Parcels 1A-2 and 1-B on the north side of Highway 98 East, west of Regions Bank in Destin. If the boundary is changed, the petitioner further requests consideration to amend the FLUM designation for 4.55 acres from Mixed Use 2 (MU 2) to Commercial or a more restrictive designation. Subsequent to the FLUM change, it is also requested subject parcel be rezoned from Mixed Use 2 (MU 2) to General Commercial (C 3) or a more restrictive zoning district. Mr. Kampart clarified there are three actions being requested: (1) amend boundary for Kelly Plantation PUD Master Plan, which should be accomplished first (2) amend FLUM designation (3) rezone parcel He provided the following staff findings: • The property is currently vacant and labeled as Parkway Parcels 1A-2 and 1B on the Master Plan. • The maximum commercial intensity for Parkway Parcel 1A-2 and Parkway Parcel 1-B is limited to 0 and 2,510 square feet respectively as noted on the Master Plan. • The owner is proposing to build three one-story commercial buildings with a total maximum intensity of 27,227 square feet. • The requested boundary change to the PUD Master Plan, commercial FLUM change and rezoning would allow the property to be used for the proposed commercial developments. • The property is classified as “Vacant Commercial” by the Property Appraiser for property tax purposes. March 19, 2013 -8- Minute Book 69, Page Okaloosa County Board of County Commissioners  • The existing use of the adjacent properties is commercial. • The requested action has been reviewed and approved by the Kelly Plantation Owners Association. Mr. Kampert reported the Planning Association voted unanimously to recommend approval at its hearing held on February 14, 2013. He said the military representative had no comment and added that staff has no objection to these requests. No one came forward to speak in favor of or in opposition to these requests. Mr. Parisot made motion, seconded by Mr. Boyles, to approve. 5 yeas. (NOTE: Please see Page 10 for clarification on this motion.) PUBLIC HEARING – REQUEST TO CHANGE DEVELOPMENT ORDER FOR REGATTA BAY PUD, ROBERT GUIDRY FINANCIAL SERVICES AND EMERALD GRANDE DEVELOPMENT (9:00 A.M.) Mr. Stanford read the advertised legal notice for public hearing to consider the request submitted by Tom Patton as agent for Robert J. Guidry Financial Services, LLC and Emerald Grande Development, LLC relating to a property located at the north side of Highway 98 East, west of Legacy by the Bay Apartment complex in Destin and contains 10.34 acres. The proposed amendment is: 1. Reducing the number of residential units from 549 (335 units single-family development – existing, 64 units single- family development and 150 units multifamily apartment complex – future development) as approved on November 18, 2008 by Ordinance No. 08-40 to 431 units (335 units single-family development – existing, 64 units single-family development and 32 units multifamily apartment – future development) a reduction of 118 units multifamily apartment complex (future development) 2. Reducing the office space from 151,500 square feet (116,125 square feet existing; 35,375 square feet future development) as approved on November 18, 2008 by Ordinance No. 08-40 to 116,125 square feet (existing), a reduction of 35,375 square feet of office space 3. Adding 209 hotel units with no more than 333,875 square feet floor area ratio and a maximum height of 99 feet or less 4. Minimum parking ratio of 1.1 space/unit for hotel and 1.5 space/unit for multifamily apartments March 19, 2013 -9- Minute Book 69, Page Okaloosa County Board of County Commissioners  5. Waive the setbacks and buffers to the north, east, and west side of the hotel and apartments since the uses and the properties abut open space and have no impact on the adjacent properties and uses 6. Extend the build-out date to November 18, 2023 (NOTE: Please see below for continuation of this public hearing.) PUBLIC HEARING – REQUEST TO CHANGE THE KELLY PLANTATION PUD MASTER PLAN; REQUEST TO AMEND FLUM DESIGNATION AND REZONE 4.55 ACRES ON NORTH SIDE OF HIGHWAY 98 IN DESTIN (9:00 A.M.) The details on this hearing are recounted on the previous page. The purpose for returning to this hearing is to clarify the motion. Mr. Parisot made motion, seconded by Mr. Boyles, to approve 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  • 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