Okaloosa County BOCC — July 2, 2013 (meeting #1140) — reading text

revised Section 2.20.06 was derived largely from existing code language in combination with language recommended by the study. Planning staff added language regarding commercial operators to ensure that all businesses were held to the same general standards regarding vehicle access, parking, etc. PUBLIC COMMENT/OPPOSITION: None to date. 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 make a final decision at the July 16, 2013 public hearing. RECOMMENDED BY: Packet Pg. 42 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 43 2.20.06 Private Airports; Residential Airparks ATTACHMENT A 2.20.061 Definitions “Aircraft” means a powered or unpowered machine or device capable of atmospheric flight, except a parachute or other such device used primarily as safety equipment. "Airport" means an area of land or water used for, or intended to be used for, landing and takeoff of aircraft such as landing strips, heliports, helipads, or seaplane facilities and including appurtenant areas, buildings, facilities, or rights-of-way necessary to facilitate such use or intended use. “Commercial operator” means a person who, for compensation or hire, engages in the carriage by aircraft in air commerce of persons or property, other than as an air carrier or foreign air carrier and, engages in more than five (5) takeoffs and five (5) landings during any 24-hour period. Where it is doubtful that an operation is for “compensation or hire”, the test to be applied is whether the carriage by air is merely incidental to the person’s other business or is, in itself, a major enterprise for profit. “Helicopter” means a rotary-wing aircraft capable of vertical takeoff and landing including any type of aircraft capable of vertical takeoff and landings (VTOL) and short takeoff and landings (STOL). “Operation” means a takeoff or a landing. “Public airport” means an airport, publicly or privately owned, which is open for use by the public. "Private airport" means an airport, publicly or privately owned, which is not open or available for use by the public, but may be made available to others by invitation of the owner or manager. “Residential Airpark” means a residential subdivision designed around and containing a private airport for the exclusive use of lot owners and their invitees. 2.20.062 Private Airports A. Generally Private airports may be allowed by special exception in AA, INST, and I-1 zoning districts, and residential airparks as specified in 2.20.063. No proposed private airport will be allowed in any other zoning district within the unincorporated area, including water bodies where no specific zoning district has been established. No proposed airport will be granted a special exception if the Board of Adjustment finds that the proposed site would interfere with any other lawfully existing airport. No private airport shall be allowed or operated from without obtaining site approval and applicable license or registration from the State of Florida Department of Transportation and complying with all applicable state and federal statutes, rules and regulations, including but not necessarily limited to the following: 1. Chapter 330 of the Florida Statutes; and 2. Chapter 14-60 of the Florida Administrative Code. No person owning, piloting or operating an aircraft shall land or takeoff such aircraft, permit same to be landed or takeoff in the County except at a State approved and duly licensed or registered public or private airport. The provisions and requirements of this section shall apply to any private airport established after the effective date of this regulation. Any private airport in existence as of the effective date of this regulation that is moved or relocated shall be subject to the provisions and requirements of this section. Packet Pg. 44 B. Allowed Uses and Activities Uses and activities allowed within a private airport include the following. 1. Runway(s), taxiways, parking ramps, and hangars for the use of the licensee and licensee invitees for the parking and storing of aircraft. 2. Residential dwellings provided that it does not constitute a subdivision as defined in this Code. Noncommercial fuel facilities for the not for profit use of the licensee and invitees, provided the facility is properly permitted to meet health and safety standards. 3. Permitted and accessory uses as allowed by the applicable zoning district regulations. 4. Activities essential to and commensurate with the operation of an airport, including but not limited to flight instruction, aircraft storage, aircraft maintenance, aircraft fueling and other activities appropriate at a private airport. C. Limitations and Restrictions When deciding whether to approve or deny a private airport special exception the Board of Adjustment shall consider the following. 1. Private airports shall not pose an unreasonable threat to the environment or the public health, safety or welfare. 2. Private airports shall not be incompatible or inconsistent with adjacent land uses and environments. 3. Private airports must comply with the noise requirements of Chapter 9 of this Code as it may be amended from time to time. 4. All aircraft operating from private airports in, within, and over the County shall avoid unnecessary low flying over inhabited areas and shall be controlled and flown in such manner that the residents and occupants of the ground or water areas adjacent to the aircraft's operation shall not be subject to unusual noise, dirt, wind or other disturbance which is detrimental to their safety or wellbeing, or to the public peace. 5. In addition to 1 through 4 above, the following shall apply to commercial operators within the unincorporated area. a.. Whether noise from aircraft while on the ground or water can reasonably be expected to disrupt the quiet use and enjoyment of adjacent or nearby property owners. b. Vehicle ingress and egress, on-site parking, refuse containers, and restrooms are provided consistent with applicable provisions of this Code. c. Compatibility screening and buffering is provided consistent with the provisions of this Code. d. The airport will not create a hazard to or congestion of vehicular or pedestrian traffic on abutting streets, or upon boat or vessel traffic in adjacent waterways. e. The airport will not be detrimental to the character of the area or cause diminished property values in the general vicinity. f. All other applicable provisions of the Comprehensive Plan and this Code must be met. Packet Pg. 45 D. Exceptions The provisions of this section shall not apply to the following. 1. Public aircraft, those of the federal government, state or political subdivision hereof, or any tax district, city, county, mosquito control district, or the emergency use of helicopters while such aircraft are providing services to the citizens, nor shall this section apply to publicly or privately owned helicopters serving as ambulances, or search and rescue vehicles, or when in use for police, fire, or public service or like duties. 2. The incidental use of privately owned locations for the occasional, non-commercial use as a private helistop. Such incidental use is defined as no more than two operations (one takeoff and one landing) at that location within any given 24-hour period, and no more than six operations (three takeoffs and three landings) within any seven-day period, and for no longer than a 30-day period after the time of the first operation. 3. The incidental use of public waters for the occasional, non-commercial use as a seaplane landing area, provided such use does not threaten the health, safety and welfare of any member of the public. Such incidental use is defined as no more than two operations (one takeoff and one landing) at that location within any given 24-hour period, and no more than six operations (three takeoffs and three landings) within any seven-day period. 4. Aerial spraying or “crop-dusting” when conducted in association with farm operations or bona fide agricultural activities, and when authorized by applicable federal and state laws and rules. 2.20.063 Residential Airparks Residential airparks may be allowed by special exception in the AA and RR zoning districts subject to requirements specified herein. 1. All requirements for a private airport shall apply. 2. Any residential airpark shall be compatible with the established character of the surrounding neighborhood and be of a scale and intensity that shall not result in an adverse impact on residential uses in the surrounding neighborhood. 3. A legal entity shall be created to be responsible for ownership and maintenance of any common space. The legal entity may be a property owner’s association, homeowner’s association or other appropriate entity approved by the County. A document shall be prepared and recorded which contains either restrictions or protective covenants. The document shall be included with the recorded plat for the subdivision. 4. The following uses may be allowed within the airpark to be determined by the special exception. a. Single and multi-family dwelling units provided they do not exceed the Future Land Use category density, and aircraft hangars on individual platted lots. b. Private runway(s), taxiway(s), and parking ramp(s) on designated common areas or area under unified control of the subdivision. c. Noncommercial fuel facilities for the not for profit use of owners of platted lots and invitees. d. Commercial operators shall be prohibited. Packet Pg. 46  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: July 2, 2013 TO: Honorable Chairman and Members of the Board FROM: Teresa Ward, BCC Clerk SUBJECT: Approval of Minutes A draft of the official minutes for the May 7 & 21 Regular Meetings, and the June 4 Regular Meeting & Executive Session are attached for review. 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