Okaloosa County BOCC — November 1, 2016 — Changes to LDC AG & MU Zoning Districts — agenda request

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 1, 2016 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Changes to LDC AG & MU Zoning Districts DEPARTMENT: Growth Management BCC DISTRICT: All ISSUE: Consideration of changes to the Land Development Code (LDC) as submitted by the Department of Growth Management amending Chapter 2 “Zoning Regulations”; Section 2.01.00 “Agriculture (AA) District; and, Section 2.07.00 “Mixed Use District” to clarify the arterial and collector roadways where general commercial may be permitted. This is the first of two required public hearings. The second hearing will be held November 15, 2016. BACKGROUND:  Subsection 2.01.04, 7 of the Agriculture zoning regulation states General commercial uses that support agricultural uses/activities may be permitted when located on a state or county- maintained roadway outside residential subdivisions. Other general commercial uses may be permitted when located on a state or county arterial or collector roadway provided, however, the depth of the commercial use shall generally be no more than 1,000 feet.  Subsection 2.07.04, 2 of the Mixed Use zoning regulation states All C-2 permitted uses. All C-3 uses may be allowed when the property involved fronts upon an arterial or collector roadway and there is no access to the commercial part of the property through a residential area or residential-zoned area (all C-2 and C-3 bulk regulations shall apply). Institutional (all INST bulk regulations shall apply). Recreation (all REC bulk regulations shall apply).  There has been some confusion with the application of these regulations regarding identification of arterial and collector roadways where general commercial would be allowed, and where C-2 uses should be allowed.  The “Mixed Use” FLUM category and zoning district was intended to accommodate areas of existing mixed land uses, and future development of mixed use as part of an overall planned scheme of development. It was not intended to allow de facto commercial uses into an otherwise residential area.  The Agriculture Future Land Use Map category specifies that general commercial is only allowed on “arterial or county-numbered roadways.”  Arterial and Collector roadways are listed in the Comprehensive Plan, Transportation Element, Tables 2.2.1 and 2.2.2 respectively. This list has been adopted by ordinance as part of the Comprehensive Plan.  An expressed purpose of the LDC is to implement the Comprehensive Plan.  It is staff opinion that the proposed changes would promote consistency with the Comprehensive Plan as well as add certainty and simplicity to administration of the zoning regulations. PUBLIC COMMENT/OPPOSITION: None to date. STAFF POSITION: Staff supports the proposed LDC change. PLANNING COMMISSION: The Planning Commission voted unanimously to recommend approval at a public hearing held October 13, 2016. MILITARY REPRESENTATIVE: No comment. OPTIONS: Approve, modify, or not approve. 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 proposed LDC changes by ordinance at a second public hearing to be held November 15, 2016 at 9:00 AM in the County Administration Building, Shalimar. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator