Okaloosa County BOCC — August 19, 2014 — Action Item Printout — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: August 19, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Public Hearing for Okaloosa Island Covenants B-2 Area Putt-Putt DEPARTMENT: Growth Management BCC DISTRICT: District 2 - Commissiner Parisot STATEMENT OF ISSUE: To conduct a public hearing to determine whether to allow a "putt- putt" style mini golf course in the B-2 zone as described in the Okaloosa Island Covenants. BACKGROUND: The County has received an inquiry from the prospective purchaser of Lots 17, 18, and 19 of Block 2 of the Subdivision of Okaloosa Island (see attached location aerial photo) who wishes to develop a "putt-putt" style mini golf course and associated concession area. The subject parcels are in the B-2 (“Apartment, Hotel Court, and Hotel Areas”) area as described in the Protective Covenants and Restrictions for Okaloosa Island (the Covenants). As provided in the Covenants, the B-2 area allows: (1) Duplex residences - apartment (2) Hotels (3) Tourists or hotel courts (4) Apartment housing and “Affiliated services built in conjunction with, and within the same plan as (2), (3), and (4) above, such services being as newsstands, barber shops, beauty shops, dining rooms, drug shop, rental boat basin, delicatessens, filling stations, variety shops, clothing shops, flower shops and other shops as may be deemed necessary and proper by Okaloosa County from time to time, to serve the needs of tourists and vacationists.” While a putt-putt golf course is not among the enumerated uses and affiliated services, and as any of the above uses must be built in conjunction with a hotel, tourist/hotel court, or apartment housing, the Okaloosa Island Leaseholders' Association Architecture Review Committee (OILA ARC) found the use inconsistent with the Covenants when it considered the proposal during its meeting of June 26, 2014. However, the OILA ARC also endorsed the proposal as "a good land use and advantageous to island tourism" (see attached OILA ARC Recommendation), and recommended that the applicant seek a "variance" to the Covenants from the Board of County Commissioners (also in the attached OILA ARC Recommendation). It is important to note that the information presented to the OILA ARC did not include the concession area. Subsequent communication with the OILA ARC indicates that the concession area would be considered part of the golf course. A previously discussed game arcade has been withdrawn from the proposal by the applicant has withdrawn the arcade from the request (see attached email). The Covenants do provide the Board of County Commissioners some flexibility in interpreting and enforcing the covenants. Part G.8. states, in salient part, that: "Okaloosa County expressly reserves the right to classify and reclassify from time to time areas for zoning purposes and to prescribe, amend, or revoke regulations and restrictions applicable to such areas and buildings and structures thereon and the uses thereof, but no classification, regulations or restrictions shall apply to any portion of the Island then under lease without the consent of the lessee thereof." and "Okaloosa County, notwithstanding the terms and provisions contained in this instrument, hereby expressly reserves trhe right, in its absolute discretion, at any time to annul, waive, change or modify any of the covenants and restrictions herein contained as to any lot, parcel or part of said Island not then under lease and, with the written consent of the majority in number of the lessees of the lots in any area designated by Okaloosa County, as to the lots or parcels in such designated area." It should be noted that in 1992 the Board of County Commissioners adopted a policy whereby leases could be exchanged for titles, and that the term "leasehold" is understood to mean "leasehold title" and "leaseholder" signifies "leaseholder owner", and that "lessee" signifies "lessee owner". Pursuant to this policy, in 1997 the Board of County Commissioners granted titles for the subject properties. The property owner has joined the applicant's request for this determination (see attached Mann letter). The County has received a petition supporting the proposed use from the owners of 5 of the 8 surrounding properties, not including the Azure Condominium. Therefore, pursuant to the above language and consistent with the OILA ARC's recommendation, the prospective buyer is petitioning the Board of County Commissioners to allow the development of a stand-alone putt-putt golf course and associated amenities on the subject properties. It is important to note that this is not a variance as that term is applied in the County Land Development Code (LDC). As applied throughout the County, a variance is granted to relieve a hardship, typically whenever a property owner is being denied a use to which he or she would otherwise be entitled and which is enjoyed by other owners of properties bearing the same zoning. In the instant case, there is no hardship as the applicants have not been denied a use to which other owners of property in the same B-2 area are entitled; rather, they are seeking a property-specific allowance of a use not allowed as a stand-alone activity. It should be noted that, as a use intended for "tourists and vacationists", a mini golf course could be allowed in affiliation with a hotel, motel, or tourist court as described in the Covenants. As shown by the surrounding land use and zoning maps, the subject parcels are surrounded by the following uses: to the north - B-2 area one multi-family (6 unit) building, one duplex, and vacant residential lots to the south - Santa Rosa Blvd, then B-3 area Azure condominium to the east - B-2 zone - a mixed use commercial/office/residential building then commercial parking lot (Cash's overflow) to the west - B-2 area - vacant land To help mitigate potential negative impacts associated with the proposed golf course, the applicant has stated that only "dark sky" lighting fixtures will be utilized. No alcoholic beverage sales are proposed as part of this use (as also stated in the email withdrawing the game arcade). If the Board of County Commissioners allows the proposed use, the golf course will require the issuance of a development order which will require further review by the OILA ARC and approval by the Board of County Commissioners. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners conduct the public hearing then, after considering the information provided in this staff report as well as any information presented during the course of the public hearing, decide whether or not to allow the proposed mini golf course and associated concession area. Staff has no objection to the proposed use; however, if the Board chooses to allow the use, staff recommends that the Board include as conditions: 1) any lighting used for the golf course, concession area, and any associated on-site parking, pedestrian, landscaping, or vehicular circulation areas be Dark Sky certified; and 2) there be no sale of alcoholic beverages. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator