Okaloosa County BOCC — September 2, 2014 — reading text

CH EA E 10 RD INTERSTATE 10 AT PPL RST INTE C-1 BA R D CRA R POINT CENTER RD SUBJECT PROPERTY N ZO TE HET R RR AA INST WATER EGLIN AFB : Legend CRESTVIEW CITY LIMITS AA R-1 A RR R-2 C-1 Zoning Map R-1 Packet Pg. 17 Packet Pg. 18 Packet Pg. 19 Packet Pg. 20 Packet Pg. 21 Packet Pg. 22 Packet Pg. 23 Packet Pg. 24 Packet Pg. 25 Packet Pg. 26 Packet Pg. 27 Packet Pg. 28 Packet Pg. 29 Packet Pg. 30 Packet Pg. 31 Packet Pg. 32 Packet Pg. 33 Packet Pg. 34 Packet Pg. 35  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: September 2, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Change to Land Development Code - Beekeeping DEPARTMENT: Growth Management BCC DISTRICT: All PUBLIC HEARING: Consideration of a request for changes to the Land Development Code (LDC) submitted by the Department of Growth Management revising Chapter 2, Section 2.21.00 “Accessory Uses and Structures”, Subsection 10 “Livestock; Poultry; Beekeeping.” This is the first of two public hearings, the second hearing will be held September 16, 2014. STAFF FINDINGS: Chapter 2 “Zoning Regulations” was substantially re-written and the revisions approved in May, 2010, including those regulations regarding livestock, poultry, and beekeeping. Since that time the Legislature amended Section 586.10 of the Florida Statutes (FS) to read, in pertinent part, as follows. The authority to regulate, inspect, and permit managed honeybee colonies and to adopt rules on the placement and location of registered inspected managed honeybee colonies is preempted to the state through the department and supercedes any related ordinance adopted by a county, municipality, or political subdivision thereof. Section 586.045, FS, further states as follows. Each beekeeper having honeybee colonies within the state shall apply to the department, on forms supplied by the department, for certificates of inspection and registration, and for annual renewal on the anniversary date of the registration. An application for renewal postmarked after the anniversary date shall be accompanied by a $10 late filing fee. This means that the regulation of beekeeping is essentially reserved unto the Florida Department of Agriculture which trumps county and city zoning regulations. The proposed change to Chapter 2 is intended to promote consistency with state law and avoid potential misreading of the county’s zoning regulations regarding beekeeping. PUBLIC COMMENT/OPPOSITION: None to date. PLANNING COMMISSION: The Planning Commission voted unanimously to recommend approval at a public hearing held August 14, 2010. MILITARY REPRESENTATIVE: No comment. STAFF POSITION: Staff supports the requested changes to the Land Development Code. RECOMMENDATION: It is recommended that the Board consider the facts presented herein, the Planning Commission recommendation, as well as any other facts that may be presented at the public hearing, and then make a final decision at the September 16, 2010 public hearing. Packet Pg. 36 RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 37 Packet Pg. 38 Packet Pg. 39 Packet Pg. 40  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: September 2, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Public Hearing - To vacate a portion of Gibson Road in Baker Fl. DEPARTMENT: Public Works BCC DISTRICT: 3 STATEMENT OF ISSUE: David and Janet Price, as agent on behalf of land owners adjacent to Gibson Road is petitioning the Board of County Commissioners to vacate a portion of Gibson Road, which is a dirt road that is maintained by Okaloosa County Road Department and owned through use and maintenance. BACKGROUND: Mr. David Price is petitioning the Board of County Commissioners to vacate a portion of Gibson Road adjacent to property owned by him and the parties he represents. The vacation request is for the prescriptive right-of-way and more particularly that portion of Gibson Road lying in the SE 1/4 of the SW 1/4 and SW 1/4 of the SE 1/4 of Section 25, Township 4 North, Range 25 West, also that portion lying in the West 1/2 of the NE 1/4 and the East 1/2 of the NW 1/4 of Section 36, Township 4 North, Range 25 West, of Okaloosa County, Florida. The requested area for vacation is the southerly 3/4 of a mile of Gibson Road. The majority of the land adjacent to the county road is agriculture land and owned primarily by Mr. Dale Gibson who farms both sides of the roadway vacation request. The petitioner requests that all stipulations be removed except the stipulation that the county reserve for itself and any and all licensed utility companies a full width utility easement in the entire portion of the right-of-way vacated. See attached aerial photo for reference. OPTIONS: Approve/Disapprove a request to vacate right-of-way. RECOMMENDATIONS: Approve as requested by Mr. David and Janet Price to vacate that portion of Gibson Road (South .75 mile). RECOMMENDED BY: Packet Pg. 41 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 42 Packet Pg. 43 Packet Pg. 44  Portion of road requested to be vacated, approx. .75 mi. Packet Pg. 45  RESOLUTION NO. 14 - ________ WHEREAS, the Board of County Commissioners of Okaloosa County, Florida, desires to vacate their interest in that portion of Gibson Road lying within that portion of Section 25, T-4-N, R-25-W and that portion of Section 36, T-4-N, R-25-W, and being more particularly described as follows: That portion of Gibson Road lying in the SE ¼ of the SW ¼ and SW ¼ of the SE ¼ of Section 25, T-4-N, R-25-W, also that portion lying in the W ½ of the NE ¼ and the E ½ of the NW ¼ of Section 36, T-4-N, R-25-W, of Okaloosa County, Florida. WHEREAS, the Board has considered the same and heard the proposal in detail. NOW THERFORE BE IT RESOLVED by the Board of County Commissioner of Okaloosa County, Florida, that the aforementioned portion of Gibson Road be vacated and returned to the adjacent landowners. 1. THAT the County reserves for itself, and any and all licensed utility companies, their successors and assigns a full width utility easement in the entire portion of the right-of-way vacated hereby for the purpose of locating and maintaining public utilities and for stormwater/drainage purposes. No structures other than stormwater/drainage improvements and fencing approved by the Board of County Commissioners shall be permitted. Removal of existing fences for utility construction is permitted and will be the sole responsibility of the landowner to reinstall after completion of utility installation. DULY PASSED AND ADOPTED by the Board of County Commissioners of Okaloosa County, Florida in the regular session this 2nd day of September, 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ Charles K. Windes, Jr., Chairman ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT By:__________________________________ Deputy Clerk Packet Pg. 46 Packet Pg. 47  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: September 2, 2014 TO: Honorable Chairman and Members of the Board FROM: Kate W. Daniel, Regional Planner I , West FL Regional Planning Council SUBJECT: Visitor - Rural County Road Needs/FDOT Rural Work Program STATEMENT OF ISSUE: The Board is requested to review and comment on the attached map of rural county needs submitted by the Public Works Department. Identified projects will be submitted to FDOT as part of the Rural Work Liaison Program. If no comments are received, the list of projects will be submitted to FDOT as presented BACKGROUND: The West Florida Regional Planning Council (WFRPC) serves as a liaison between FDOT and the rural portions of Okaloosa County not represented by a Transportation Planning Organization (TPO). The purpose of the FDOT Rural Work Program is to receive input into the development of FDOT’s Five Year Work Program. FDOT works annually with agencies, local governments and the public to update the Five Year Transportation Work Program. The FDOT selects the highest priorities based on local input and available funding and prepares the tentative work program for approval by the State Legislature each year. The Rural Work Program Liaison receives input and comments from rural areas on desired road projects and communicates comments back to the FDOT District 3 Work Program Staff. Ideally, state road projects like resurfacing, intersection improvements, on-going maintenance and bridge replacements can be programmed into the FDOT Five Year Work Program for future funding. Sidewalks, multi-use trails and other safety and enhancement projects can also be considered for funding. Also attached is a map of scheduled FDOT Work Program FY 2015-2019 projects in the rural areas of the County. RECOMMENDATION: Review and comment on the attached list of transportation improvements needed in the rural area of Okaloosa County. If no comments are received, the attached list of rural road projects will be submitted to FDOT. Packet Pg. 48 From: Daniel, Kate To: Roland Sims Subject: Rural Work Program presentation to BCC Date: Wednesday, July 30, 2014 9:18:20 AM Mr. Sims, I’m Kate Daniel with the West Florida Regional Planning Council and I am working on the rural work program this summer (Christy Johnson worked on this program in the past). I am requesting to present the FDOT Rural Work Program to the Board of County Commissioners. Is it possible to be added to the agenda for the September 2nd meeting? Thank you, Kate Kate W. Daniel Regional Planner I West