Okaloosa County BOCC — September 20, 2016 — Mid-Bay Marina DRI Proposed Change — agenda request — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: September 20, 2016 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Mid-Bay Marina DRI Proposed Change DEPARTMENT: Growth Management BCC DISTRICT: 5 - Windes ISSUE: To consider amending Resolution No. 99-184 pertaining to the Mid-Bay Marina Development of Regional Impact (DRI) Development Order (DO). A Notice of Proposed Change (NOPC) has been submitted by Tom Patton as agent for LYC Destin, LLC. The current FLUM designation is Mixed Use (MU) and the current zoning district is Mixed Use (MU). Property contains 5.5 acres, more or less. The applicant is proposing the following changes as specified in the attached resolution. a. Approximately 5.5 acres of land beginning at the southern boundary of the DRI and extending along Legendary Marina Drive, and a 0.12 acre signage easement, all as depicted on the revised legal description are added to the DRI. b. The authorized dry slip storage for wave runners and other watercraft is increased by 260 slips to a total of 1040 dry slips. c. The proposed Memorial Park Amusement Center, consisting of one 13,000 square foot building housing games and amusements and one additional 13,000 square foot building housing a ball barn and helter skelter slide, will be added to the DRI. d. Three kiosks to provide fast food and outdoor seating for pedestrian patrons of the Memorial Park Amusement Center are approved as part of the previously approved 20,000 square feet of restaurant uses will be approved. e. 10,885 square feet of retail space will be approved at a location to be determined in future local development order review; such retail space is part of the previously approved 42,200 square feet of retail space. f. The right-of-way of the section of Legendary Marina Drive abutting property owned by the Okaloosa County Public School District will be used exclusively for vehicular circulation and parking. g. The DRI build-out date will be extended by 10 years, until August 30, 2026. The build-out date shall also be the date until which the local government agrees that the approved DRI shall not be subject to down-zoning, unit density reduction, or intensity reduction except as provided in Fla. Stat. 380.06(15)(c)3. BACKGROUND:  The NOPC was submitted to the Department of Growth Management on June 20, 2016. Copies were also sent to the Department of Economic Opportunity (DEO) and the West Florida Regional Planning Council (WFRPC).  A determination letter was issued by the WFRPC on July 28, 2016.  The DEO and WFRPC determined that the proposed change would not create any additional regional impact.  The Public Works Department reviewed the NOPC and did not express any concerns.  The City of Destin reviewed the proposed change and recommended approval.  Staff analysis of the NOPC is as follows. 1. The proposed change to the DRI DO does not constitute a substantial deviation. 2. The proposed change will be consistent with the Comprehensive Plan and Land Development Code when the FLUM amendment and rezoning from Mixed Use to Mixed Use - 1 is adopted. 3. The proposed change does not interfere with achievement of the objectives of an applicable land development plan. 4. The proposed change is consistent with the State Comprehensive Plan. PUBLIC COMMENT/OPPOSITION: None to date. STAFF POSITION: Staff has no objection to the proposed changes. PLANNING COMMISSION: The Planning Commission voted unanimously to recommend approval at a public hearing held September 8, 2016. MILITARY REPRESENTATIVE: No Comment. RECOMMENDATION: It is recommended that the Board consider the facts presented herein, the Planning Commission recommendation, as well as any facts that may be presented at the public hearing, and then decide whether or not to adopt the requested amendment to the DRI DO by resolution. If the Board approves the amendment, staff recommends that the motion include replacing the Exhibit A accompanying this agenda item which notes the changes as "proposed" with Exhibit A provided at the meeting which reflects them as approved. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator