Okaloosa County BOCC — October 4, 2013 — Action Item Printout — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 19, 2013 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Public Hearing - Aircraft Restricted Zone DEPARTMENT: Growth Management BCC DISTRICT: 5 Commissioner Windes PUBLIC HEARING: Consideration of a request for changes to the Land Development Code submitted by the Department of Growth Management revising Chapter 2 Zoning Regulations, Section 2.20.00 “Special Uses”, creating new subsection 2.20.09 entitled “Aircraft Restricted Zone.” Second and final public hearing. The first public hearing was held November 5, 2013. STAFF FINDINGS: Due to the increased operation of helicopter sightseeing businesses in the County staff was directed by the Board of County Commissioners to investigate the regulation of aircraft-related businesses and private airports. This direction resulted in revisions to the zoning regulations in October, 2012 which required that aerial sightseeing businesses be conducted from a duly licensed and permitted airport. To date, the zoning regulations did not extend beyond the shoreline into the water. By law, the only regulatory control the County has over aircraft or airports is through zoning regulations. In apparent recognition of this a helicopter sightseeing business began operations from a floating platform on the water at various locations in and around East Pass and Destin Harbor. Conflicts involving water-resource use are readily apparent in the East Pass/Destin Harbor area. It is common local knowledge that during the summer tourist season and in particular on weekends and holidays the area in and around East Pass, Old Pass, and “Crab Island” is heavily used by all manner of swimmers, divers, rental vessels, charter boats, recreational vessels, kayaks, canoes, personal watercraft, rubber floats, parasails, flying boats, various commercial vendors, and some things that defy description. For the most part, these can be considered water-dependent or at least water-related to the extent that being on the water is essential or important for these things to occur. This area is considered locally to be the most congested water-use area of Okaloosa County. According to Boating Accidents Statistical Report 2012 published by the Florida Fish and Wildlife Conservation Commission, Okaloosa County is number 5 out of the top ten counties for reportable boating accidents. This report shows a preponderant occurrence of boating accidents in the vicinity of the East Pass/Destin Harbor area with the primary cause being collisions between vessels. The introduction of aircraft and aircraft-type operations such as hang gliders, parasail rides, hot air balloons, helicopter rides, seaplane rides, glider excursions, and similar operations in the vicinity of East Pass creates unnecessary potential conflict between these types of operations and lawful water-related recreational activities such as boating, swimming, fishing, etc. There are abundant areas available for these types of operations other than the East Pass/Destin Harbor area. The proposed regulated zone represents a fraction of the surface waters in Okaloosa County available for aircraft take-offs and landings. The proposed regulation would: 1) only apply to the water surface not the water column or state submerged lands; 2) be confined to a distinguishable area defined by channel markers as shown on nautical charts, and; 3) be intended for zoning purposes only and relates strictly to local control over ground and water space, and is not intended in any way to regulate aircraft safety, navigable airspace, aircraft noise, aircraft in flight, vessel equipment performance or safety standards, or the operation of vessels PUBLIC COMMENT/OPPOSITION: Several persons spoke in opposition to the proposed regulation at the Planning Commission public hearing and at the November 5, 2013 BCC public hearing. A petition was entered by Misty Hurley and is attached as Exhibit 1. A prepared statement was entered by Michael Percy and attached as Exhibit 2. PLANNING COMMISSION: Considerable testimony was presented at a public hearing held October 10, 2013. The Commission concluded that there was a lack of any statistical basis for concluding that a safety problem exists and, even assuming that there was a problem, the proposed regulation would solve it. A motion was made to recommend against adoption of this regulation and any further action other than to monitor the situation to determine if problems arise. This motion was approved by unanimous vote. MILITARY REPRESENTATIVE: No comment. STAFF POSITION: Staff supports the requested change 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 zoning regulation by ordinance. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator