Okaloosa County BOCC — October 5, 2013 — 7-16-13 Regular Meeting — reading text

Department for a study to be conducted by the Airports’ consultant, RS&H (Reynolds, Smith and Hill). This study is entitled Siting Standards for Private Aviation Facilities in Unincorporated Okaloosa County and was completed in April 2013. The draft zoning regulations presented at the July 2 hearing were based largely upon the consultant study. The first hearing was well attended by representatives of the private aviation community who expressed their concerns regarding “unintended consequences” of the proposed changes. As directed by the Board, staff met with concerned citizens on July 8 to discuss possible options. This meeting resulted in revised regulations which focused on scenic and sightseeing businesses and included the revisions recommended by the group at the hearing regarding residential airparks. Mr. Kampert said while the proposed regulations have accommodated the group’s concerns regarding airparks, the version presented by staff to the Board for consideration today treats fixed-wing and helicopter aircraft equally with regard to non-commercial use. This includes not only helicopters but seaplanes operating from the water. The private airpark contingent presented their proposed language for regulations and support seaplanes operating from any water body, including for July 16, 2013 -6- Minute Book 69, Page 214 Okaloosa County Board of County Commissioners commercial use. For clarification, staff's draft only allows for incidental, private, non-commercial use by a seaplane. Mr. Kampert pointed out that he reviewed a FAA circular and, basically, FAA recognizes the role of local governments. He advised staff has presented the proposed changes consistent with Florida Statutes and supports the draft regulations presented to the Board. Mr. Reddoch Williams, Fort Walton Beach, stated he is the unofficial spokesman for the private airports and expressed concerns about the “unintended consequences” of the draft regulations. As in the first hearing, he reiterated his belief the RSH study was flawed. Mr. Williams pointed out no one from RSH contacted any of the users for input. He told the Board to pass recommendations based on this study is insulting and infuriating. Mr. Williams said his group believes “the less government is the best government.” He said the draft regulations address more than the problem which is the scenic, sightseeing tours in Destin. Mr. Greg Costabile, Baker, stated staff has worked very hard in preparing the ordinance amendment. He said, however, there has been a challenge for working on this because of the time constraint. Mr. Costabile stated their specific issues are the exemptions in Section D(1) and D(2) of the proposed ordinance. He said this is already covered under other laws. Another issue is in Section D(3) which addresses seaplanes. They request the following worded be removed from this section: “incidental,” “occasional,” and “non-commercial.” Mr. Michael Percy, Fort Walton Beach, stated that he manufactures aircraft. He began building aircraft 16 years ago and in 2007 received his first FAA certification for his aircraft. Mr. Percy said he builds seaplanes (amphibious sport aircraft) which after many years are gaining recognition around the country and around the world. He added that it could be argued the landings on the water could be commercial because he is a commercial operation. Mr. Percy said his company has won awards at national shows and produces aircraft for U.S. and international customers, He pointed out that FAA for the last three years has contracted with him for water flight training for their personnel. Continuing, Mr. Percy said for the last 16 years he has operated in Okaloosa County and Choctawhatchee Bay without incident or July 16, 2013 -7T- Minute Book 69, Page 215 Okaloosa County Board of County Commissioners complaint. He said his staff are FAA certified pilots, flight instructors, and repairman and they produce FAA certified and registered aircraft. Mr. Percy stated the proposed regulations threaten his company’s right to use the public waters. He requested the following words be stricken from D(3): “incidental,” and “for the occasional, noncommercial use.” Mr. Percy stated his company is just becoming viable. He asked why everything just be imported into this country and said let’s make something in the United States. Mr. Perey requested support of the Board to be a friend with his business and allow him to continue to use public waters without incident or complaint. Upon inquiry by Mr. Dowd about the nature of his aircraft, Mr. Percy stated it is a sport aircraft with open cockpit on floats and it is used primarily for recreation. Mr. Harris stated he is inclined to agree with the speakers. He then asked Mr. Kampert about items D(1) and D(2). Mr. Kampert stated they are part of the existing statutes and are redundant. Mr. Harris made motion to delete items D(1)and D(2) and to remove the words as outlined by Mr. Percy in D(3). Mr. Kampert cautioned the removal of the words in exemption D(3), saying it could open the helicopter problem. Mr. Chris Sullivan, Destin, stated he is a friend, customer, and corporate attorney for Mr. Percy. He noted that he does have experience as a private attorney with maritime issues. Mr. Sullivan said he did review the proposed language in D(3) and suggests the words “incidental,” “the occasional, non commercial use” be removed. He also questioned the definition of seaplane used in the text and said FAA’s definition is a weight shift control aircraft. Mr. Sullivan urged caution when addressing regulations for state, federal, and local waters. He felt the ordinance was very well written but it could have consequences. Mr. Williams said he must disagree with Mr. Kampert’s assessment that eliminating D(1) or rewording D(3) would interfere with the county’s ability to regulate commercial activities as outlined in C. Aerial Scenic and Sightseeing Business. Mr. Amunds again pointed out the short time given for discussion on the proposed amendment. He asked whether or not a workable solution can be found if more time is granted for dialogue. Mr. Williams responded that he believes that is a good idea. Mr. July 16, 2013 -8- Minute Book 69, Page 216 Okaloosa County Board of County Commissioners Percy said he has no problem with tabling this item. Mr. Brett Highland stated he has been operating Bluewater Bay Marina for 33 years. He advised the marina also has a problem with item D(3) and feels tabling this decision will be a great move. Mr. David Powell, attorney representing Beachview Helicopters, stated his client ‘is operating out of Destin and is fully compliant with FAA regulations. He supported tabling any decision. Mr. Boyles and Mr. Windes said they will support tabling this hearing. Mr. Powell expressed his concern that no one had given notice to his client. He reiterated that no one reached out to him or his client. Mr. Amunds replied that is what a public notice is all about. Mr. Powell stated he believes Item “C” is vague, saying he can read it three different ways. He also said he was not sure about the interpretation of the grandfather clause. Mr. Ed Smith, Holiday Isle, stated his focus is more narrow. He said he has personally witnessed helicopters skirting the tops of condos and the beaches. Mr. Smith said the operation of the helicopters seems very reckless to him. Continuing, Mr. Smith said that particular helicopter business said it had operated out of Key West and Kansas City. He said that he called those cities and Kansas City said they had never heard of them and Key West said they issued a permit in 2011 but did not renew it. Mr. Smith stated he objects to the sightseeing businesses taking off in the harbor. Ms. Judy Stokes, Mary Esther, reported that one of the helicopters hovered above her vehicle for a few seconds, saying it “shook my vehicle and scared me to death.” Mr. Windes agreed with Mr. Boyles’ statement that this is a complex issue. He said there are unintended consequences, which seem to be getting bigger. Mr. Windes stated what is going on in the Destin Harbor is unsafe and the bottom line is we are having a safety problem in Old Pass Lagoon. Mr. Windes made motion, seconded by Mr. Parisot, to table this issue. Upon inquiry, Mr. Dowd said if there are significant changes made to the department’s recommendations, it should go back through the process and be reviewed by the Planning Commission. He also stated that if there are minor amendments, the public hearing can be tabled until time certain. Mr. Boyles July 16, 2013 -~9- Minute Book 69, Page 217 Okaloosa County Board of County Commissioners said it is his understanding the motion was to table with no certain date to come back before the Board. Mr. Windes restated his motion is to table and refer changes back to the Planning Commission, Mr. Parisot confirmed his second. Mr. Dowd stressed the importance of distinguishing between helicopters and seaplanes. 5 yeas. RECESS - The meeting was recessed at 9:50 a.m. and reconvened at 10:00 a.m. GROWTH MANAGEMENT ~- FAIRFIELD INN & SUITES Mr. Elliot Kampert, Growth Management Director, stated the item before the Board is approval of the development order for Fairfield Inn and Suites on Okaloosa Island, a proposed 86-room, 4-story hotel to be located at the southwest corner of Santa Rosa Boulevard and Third Beach Freeway. The proposed site is east of Surf Dweller Condominium. Mr. Kampert provided the following background narrative: On April 19, 2004, Vince Bruner with PGB Partnership, LTD petitioned the Board of County Commissioners to vacate the eastern end of Coral Court which was approved by the Board on October 18, 2005, via Resolution No. 05-194. Though not stipulated on Resolution 05-194, the Board’s approv- al of the vacation included a requirement that $40,000 be contributed to the County park fund. On November 23, 2005 Surf Dweller Owners Association, Inc. and Island Nights Inc. issued two separate checks in the amount of $40,000 ($15,000 - Surf Dweller, $25,000 - Island Nights, Inc.) to the Board of County Commissioners which were received by the Public Works Department on November 29, 2005. The western portion of Coral Court had been previously vacated in 1996. The Okaloosa Island Leaseholders Association Architectural Review Committee reviewed the request for the proposed hotel on March 21, 2013 and found it to be in compliance with the Okaloosa Island Covenants. Mr. Kampert noted that access for the hotel would be off Santa Rosa Boulevard. He continued, stating that when right-of-way is vacated, typically, the property is split between adjoining property owners. Mr. Kampert reported that an agreement between the property owners on that property split was never received. He provided a series of photographs of the subject and July 16, 2013 ~10- Minute Book 69, Page 218 Okaloosa County Board of County Commissioners surrounding properties. Mr. Kampert advised that in the absence of any agreement, staff is following the delineated right-of-way (reference to GIS slide). He asked for approval of the proposed site plan and authorization for staff to post the Notice of Intent to Issue a Development Order signage for Fairfield Inn & Suites. Mr. Parisot said it is his understanding parking will be at ground level and asked if there is sufficient space for parking, to which Mr. Kampert replied in the affirmative. Mr. Amunds referred to the triangular shape piece of property between Surf Dweller Condominium and the proposed hotel site, Saying he is not clear on this parcel and the parking spaces there. Mr. Kampert responded those parking spaces are currently being used by Surf Dweller. Mr. Mark Siner with Choctaw Engineering came forward to speak on behalf of Mr. Bruner. He advised there have been discussions with Surf Dweller to work out the future of this parcel. Mr. Siner stated Mr. Bruner said he will