Okaloosa County BOCC — 2013 meeting #1141 (date undetermined) — Action Item Printout — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: July 16, 2013 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Private Airports; Residential Airparks Zoning Regulations DEPARTMENT: Growth Management BCC DISTRICT: All ISSUE: Consideration of a request for changes to the Land Development Code submitted by the Department of Growth Management revising Chapter 2 Zoning Regulations, Section 2.20.06 “Private Airports; Residential Airparks.” SECOND OF TWO PUBLIC HEARINGS. STAFF FINDINGS: Due to the increased operation of helicopter sightseeing businesses in the County, and aircraft congestion generally, staff was asked by county commissioners to investigate the regulation of aircraft-related businesses and private airports. The Growth Management Department coordinated with the Airport Department for a study to be conducted by the Airport’s consultant RS&H. This study entitled “Siting Standards for Private Aviation Facilities in Unincorporated Okaloosa County” was completed by the consultant in April, 2013. Staff prepared draft zoning regulations based largely upon the consultant study. These regulations were presented to the Board at the first of two public hearings held July 2, 2013. That hearing was well attended by representatives of the private aviation community who expressed concerns about the “unintended consequences” of the proposed regulations. In particular, how the regulations might affect existing and future residential airparks. Staff also presented the Board with two possible options to the regulations presented in the staff report. At the Board’s direction staff met with concerned citizens on July 8, 2013 to discuss the two options in further detail. The July 8 meeting resulted in revised regulations which focused on scenic and sightseeing businesses, and included the revisions recommended by the group members at the hearing regarding residential airparks. While staff has been able to accommodate the group's concerns regarding airparks, in regard to commercial operations, however, the version presented by staff (incorporated into the attached ordinance) differs from the airpark group's final recommended version (see attached file "Airpark Group 7-9-13 Recommendations...") in that the staff version treats fixed wing and helicopter aircraft equally in regard to non-commercial use, including helicopters and seaplanes operating from the water. Under the version forwarded by the airpark group, seaplanes could operate from any waterbody, including for commercial purposes. The staff draft only allows for incidental, private, non-commercial use. It is important to note that the proposed regulations do not create a prohibition against aerial scenic and sightseeing businesses. Rather, it establishes a community standard that these types of businesses should rightly be conducted from a duly licensed and permitted public or private airport. PUBLIC COMMENT/OPPOSITION: There has been substantial concern expressed by the private aviation community. PLANNING COMMISSION: The Planning Commission voted unanimously to recommend approval at a public hearing held June 13, 2013. MILITARY REPRESENTATIVE: Requested notification about any public hearings involving private airports. 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 decide whether or not to adopt the proposed changes by ordinance. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator