Okaloosa County BOCC — June 21, 2016 — Public Hearing - Changes to Land Development Code — agenda request — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 21, 2016 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Public Hearing - Changes to Land Development Code DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Continuation of public hearing of June 7, 2016 to consider changes to the Land Development Code as submitted by the Department of Growth Management amending Chapter 1 “General Provisions”, adding new subsection 1.11.11 “Development of Regional Impact”; amending Chapter 1A “Code Administration”, amending subsection 1A.01.04 “Planning Commission”; adding new subsection 1A.03.12 “Development of Regional Impact”; amending Section 1A.04.00 “Administrative Adjustment.” BACKGROUND: Development of Regional Impact (DRI) Procedure. As a result of a public hearing held February 16, 2016 the Board of County Commissioners directed staff to prepare a written procedure for adopting or amending a DRI development order. Proposed Code changes to implement this directive are as follow: 1. A new subsection 1A.03.12 (Exhibit A) which prescribes the review process and procedure relating to DRI development orders, or amendments to approved DRI development orders. A request for a new DRI development order must follow the process prescribed by state statute. A request to amend an approved DRI development order generally involves the following process: a. A formal application to the Department of Growth Management. b. Notification letter to the State Land Planning Agency and the West Florida Regional Planning Council. c. A statement with supporting documentation as to why the request is consistent with the Comprehensive Plan, Land Development Code, State Comprehensive Plan, or any applicable State land development plan. d. A traffic impact analysis. e. Verification that utilities are available to serve the proposed development. If the application is part of a larger, common plan of development then the applicant must provide an overall phased development plan. Also, the applicant may submit a detailed development order application which may be approved concurrently with the DRI amendment, and which may not be subject to a development order hearing. The procedure goes on to describe how the application may be approved or denied by the Board of County Commissioners. 2. A new subsection 1.11.11 (Exhibit B) which sets forth due process and public participation requirements. These include public notice by the applicant in the form of a newspaper advertisement, posting a sign on the property involved, and mailing certified letters to property owners within 300 feet. Opportunity to be heard will be in the form of one public hearing held by the Planning Commission and one public hearing held by the Board of County Commissioners. 3. An amended subsection 1A.01.04 (Exhibit C) which includes review of DRI applications among the list of duties and responsibilities of the Planning Commission. Administrative Adjustment. Recent interactions with site selection consultants and others in the economic development arena indicate that, in the current, extremely competitive market, greater flexibility in the regulatory standards, particularly building height, as provided through the Administrative Adjustment provisions of the Land Development Code (section 1A.04.00) could prove advantageous, even decisive, in our efforts to recruit good, job-producing businesses into the County. After careful consideration, the staff at the Economic Development Council requests that consideration be given to amending Section 1A.04.04 to allow up to a 30% increase in building height requirements in selected zoning districts. This is in no way intended to circumvent or diminish the public notice or participation requirements, but rather just provide a moderate increase in the flexibility of the code. Proposed Code changes to Section 1A.04.00 (Exhibit D) are as follow: 1. Added Okaloosa Island Covenants to the list in subsection 1A.04.02 where an administrative adjustment cannot be granted. 2. Added new subsection 1A.04.05, 6 which allows up to a 30% increase in building height within I-1 and C-3 zoning districts only, subject to approval by the Aviation Advisory Committee. This would increase allowed height from 100 feet to 130 feet in the I-1 district, and from 75 feet to 97.5 feet in the C-3 district. 3. Reinstated subsection 1A.04.08 which was inadvertently omitted in June, 2015 when the adjustment regarding the keeping of chickens and ducks was adopted. PUBLIC COMMENT/OPPOSITION: None to date. 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 May 12, 2016. BOARD OF COUNTY COMMISSIONERS: The Board of County Commissioners continued this hearing during its regular meeting of June 7, 2016. MILITARY REPRESENTATIVE: Expressed concern about the administrative adjustment for building height at the Planning Commission meeting but was satisfied with the condition that approval must be granted by the Aviation Advisory Committee. 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 LDC changes by ordinance. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator