Okaloosa County BOCC — October 16, 2012 — reading text

in the regular session this 20th day of November, 2012. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ Don R. Amunds, Chairman ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT By:__________________________________ Deputy Clerk Packet Pg. 19  6.1.m Packet Pg. 20 Attachment: Letters in Opposition (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation)  6.1.m Packet Pg. 21 Attachment: Letters in Opposition (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation)  6.1.m Packet Pg. 22 Attachment: Letters in Opposition (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation)  6.1.m Packet Pg. 23 Attachment: Letters in Opposition (1105 : Public Hearing: Mr. and Ms. Phillip Jennings ROW Vacation)  6.2 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Public Hearing - Changes to Land Development Code, Chapters 1A & 2 DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF THE ISSUE: Consideration of a request for changes to the Land Development Code submitted by the Department of Growth Management revising Chapter 1A Code Administration, Section 1A.02.11 “Permits from Other Agencies”, and; Chapter 2 Zoning Regulations, permitted uses in Section 2.08.00 “Business Office District” (C-1), 2.10.00 “General Commercial District” (C-3), 2.12.00 “Industrial District” (I-1) and Section 2.13.00 “Airport Industrial Park (I-2) District.” FINAL PUBLIC HEARING. STAFF FINDINGS: 1. Section 1A.02.11 “Permits from Other Agencies.” A change to this section is necessary in order to make the LDC consistent with current state law. During the 2012 session the Legislature enacted HB 503 amending Section 125.022, Fla. Stat. Which prohibits counties from requiring permit approvals from other agencies as a prerequisite to issuing development orders or permits. The LDC currently requires permit approvals from other agencies before a development order can be approved. The proposed text change shown in Exhibit 1 was taken verbatim from s.125.022. 2. In May, 2010 the County substantially revised LDC Chapter 2 “Zoning Regulations.” These revisions included identifying permitted uses in commercial and industrial zoning districts according to North American Industry Classification System (NAICS) codes. This was done to provide a more descriptive and inclusive list of permitted uses based on the types of businesses identified in the NAICS by the U.S. Census Bureau. The NAICS is the most comprehensive and authoritative list of officially recognized businesses in the country. An illustrative example of the NAICS is provided as Attachment A. The NAICS is updated every five years as part of the U.S. Economic Census. The most recent update is for 2012. As a result, staff took this opportunity to re-evaluate NAICS codes relative to those currently listed in Chapter 2 of the LDC. The changes proposed as follow are the result. 3. References to NAICS 2002 have been changed to NAICS 2012. Packet Pg. 24  6.2 4. Section 2.08.00 Business Office (C-1) district has been changed as shown in Exhibit 2. 5. Section 2.10.00 General Commercial (C-3) district has been changed as shown in Exhibit 3. 6. Section 2.12.00 Industrial (I-1) district has been changed as shown in Exhibit 4. 7. Section 2.13.00 Airport Industrial Park (I-2) district has been changed as shown in Exhibit 5. PUBLIC COMMENT/OPPOSITION: An attorney representing Timberview Helicopters spoke at the November 6, 2012 first public hearing to request that his client be "grandfathered" so as to not have to comply with the new zoning regulations relating to the location of helicopter sightseeing operations. STAFF POSITION: Staff supports the requested changes to the Land Development Code. PLANNING COMMISSION: The Planning Commission voted unanimously to recommend approval at a public hearing held October 11, 2012. MILITARY REPRESENTATIVE: No comment. 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 two public hearings, and then decide whether or not to adopt the proposed changes by ordinance. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 25  6.2.a Packet Pg. 26 Attachment: Attachment A (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.b Packet Pg. 27 Attachment: Exhibit 1 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.c Packet Pg. 28 Attachment: Exhibit 2 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.c Packet Pg. 29 Attachment: Exhibit 2 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.d Packet Pg. 30 Attachment: Exhibit 3 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.d Packet Pg. 31 Attachment: Exhibit 3 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.d Packet Pg. 32 Attachment: Exhibit 3 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.d Packet Pg. 33 Attachment: Exhibit 3 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.e Packet Pg. 34 Attachment: Exhibit 4 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.e Packet Pg. 35 Attachment: Exhibit 4 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.e Packet Pg. 36 Attachment: Exhibit 4 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.f Packet Pg. 37 Attachment: Exhibit 5 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.2.f Packet Pg. 38 Attachment: Exhibit 5 (1153 : Public Hearing - Changes to Land Development Code, Chapters 1A & 2)  6.3 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 20, 2012 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Public Hearing - Chapter 9 LDC Abandoned & Nuisance Vehicles DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: This is the second of two public hearings (and the adoption hearing) pertaining to revisions to the County's regulation of abandoned and nuisance vehicles. BACKGROUND: 1. Under the definition of an abandoned vehicle provided in Section 9.03.01.1, vehicles on car dealer lots, repair yards, and other accepted, otherwise legal areas would be considered abandoned. Proposed Section 61-65 B. 1 corrects this oversight by recognizing various uses at which unlicensed vehicles may be kept. 2. Section 9.03.12.2 does not allow the common practice of leaving vehicles with relatives or friends while away (e.g., service men and women leaving vehicles with relatives while deployed, or students leaving a car with parents while at school) unless the vehicle has a current tag or in a garage or carport even if it not being used. Further, under 9.03.12.2, a vehicle without a tag cannot be kept behind an opaque privacy fence even if it is in perfect running order. Proposed Section 61-65 B. 1 clarifies the conditions under which vehicles without license tags may be kept on properties without creating a nuisance. 3. As the subject matter deals with the storage of vehicles and does not provide standards for the development of property, it is not clear why it was included in the Land Development Code. The subject matter would be more appropriately located under Chapter 21 of the County Code, Traffic and Motor Vehicles. To this end, the proposed standards are written to be included as a new Article III of Chapter 21, Abandoned and Nuisance Vehicles, where it would be put under Article II, Stopping, Standing, and Parking. 4. The inclusion of abandoned vehicles within the Land Development Code has created Packet Pg. 39  6.3 confusion as to enforcement authority. Under proposed Article III, the responsibility clearly rests with the Sheriff’s Office that has the mechanisms in place to deal with vehicle towing and storage, if necessary. The attached ordinance includes the