Okaloosa County BOCC — 2013 meeting #1140 (date undetermined) — Action Item Printout — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: July 2, 2013 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Public Hearing - Zoning Regulations Private Airports; Residential Airparks DEPARTMENT: Growth Management BCC DISTRICT: All ISSUE: Consideration of a request for changes to the Land Development Code submitted by the Department of Growth Management revising Chapter 2 Zoning Regulations, Section 2.20.06 “Private Airports; Residential Airparks.” FIRST OF TWO PUBLIC HEARINGS. THE SECOND HEARING IS SCHEDULED FOR JULY 16, 2013. STAFF FINDINGS: Due to the increased operation of helicopter sightseeing businesses in the County, and aircraft congestion generally, staff was asked by county commissioners to investigate the regulation of aircraft-related businesses and private airports. The Growth Management Department coordinated with the Airport Department for a study to be conducted by the Airport’s consultant, RS&H. This study entitled “Siting Standards for Private Aviation Facilities in Unincorporated Okaloosa County” was completed by the consultant in April, 2013. Conclusions and recommendations presented in the study, in pertinent part, are as follows: The airspace that lies above Okaloosa County is among the busiest and most complex in the country. As restricted airspace and military operations areas cover a large swath of northwest Florida, the federal government has included it in special use airspace under 14 CFR 93. This effectively funnels commercial and general aviation traffic south along the Gulf Coast. This creates a situation where north/south traffic weaves its way through the steady parade of transiting east/west traffic. Additionally, banner-towing airplanes, parasails, sightseeing flights and recreational fliers add to the daily mix of aircraft operations, thereby creating significant airspace congestion over Okaloosa County and potentially leading to operational conflicts. Additionally, aircraft operations in the County airport system are projected to increase by an average annual growth rate of 1.58% over the next 27 years, 20% higher than the southeast region during the same period. Although electronic detection through such devices as radar, radios, aircraft transponders, GPS, and Traffic Collision Avoidance Systems (TCAS) are valuable in ensuring a safe flying environment, visual detection and recognition still remains highly important in and above Okaloosa County because of the large quantity of aerial traffic that falls outside of the envelope of conventional aircraft traffic and the relatively high number of sightseeing flights that operate along the coast. Additionally, aircraft operating from current and future private take-off and landing facilities could potentially create operational conflicts given the fact that non-registered private facilities are not referenced in aeronautical publications. From a health, safety, and welfare perspective, operations to and from these facilities, in certain locations, may not be in the best interest of the community relative to residential areas, schools, areas of public assembly, and the local economy. Therefore, it is recommended for the purposes of public health, safety, and welfare, and the efficient and continued development of aviation in unincorporated Okaloosa County, that Okaloosa County use existing regulatory framework to establish siting standards for private aviation facilities. The analysis and references presented in this report demonstrates the regulatory mechanisms of local governments in the State of Florida including: • Regulatory definitions • Purpose and Intent • Authorized locations, site limitations, and criteria • Requirements for local occupational license, permits, or registration • Noise and safety requirements • Exceptions, and exemptions and enforcement Appendix A presents sample regulatory language, provided for discussion purposed only, that the County may use as a template to craft its own ordinance. Such sample language is drawn from existing State law and County and City ordinances as specified more specifically within this document, to meet the stated intent of Okaloosa County to more closely regulate private aviation facilities. The 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: APPROVED BY: Ernie Padgett, County Administrator