Okaloosa County BOCC — January 7, 2014 — Minutes — reading text

helicopters in the city and most of them take off and land from the airport, pointing out Las Vegas knows how to preserve tourism. He said he supports the ordinance. Mr. Robert Gore, Highway 98, said as a boat captain he has not seen any incidents involving aircraft. He stated the federal navigable channel cannot be blocked. Mr. Claude Perry, Destin Harbor, stated no one is trying to destroy industry or Mr. Percy's aircraft business or prevent anyone from enjoying this area. He felt the ordinance is necessary to protect tourist and boaters. Mr. Perry read a letter from Tim Finnegan of Shalimar which voiced opposition to granting a permit for Timberview Helicopters and supported passage of the proposed ordinance. Mr. Mario Wolfe, Crestview, stated he is a commercial pilot and operated a sightseeing helicopter for two years in South Dakota over the national monument and parks. He said he is very familiar with the aircraft. Mr. Wolfe noted helicopters are designed to operate outside an airport and that is why life November 19, 2013 -11- Minute Book 70, Page 147 Okaloosa County Board of County Commissioners flights use them. He stated he is against the ordinance and does not see safety as the issue. Mr. Mike Griffith, reporter with The Bay Beacon, referred to the controversy between Eglin Air Force Base and the City of Valparaiso regarding the F-35s. The issues were noise and safety. Mr. Griffith pointed out that one report says many parts of the city are not suitable for residential uses yet the Board supports the F-35s at Eglin. He asked why the inconsistencies. Mrs. Mary Anne Windes, Chairman of the Destin Chamber of Commerce, stated they are trying to make Destin a great place to live and play. She said the population of the city swells from 12,000 to more than 100,000 during the tourist season. Mrs. Windes said many times people get off a land base so they cannot be regulated. She asked the Board to go forward with the proposed regulations. Mr. Sandy Williams, Fort Walton Beach, stated he is the founder of Boomer Aviation. He spoke of his flying experience and his banner-towing business. Mr. Williams pointed out many things have changed after the 9-11 tragedy, such as no planes above stadiums. He cautioned the Board against any regulations which could hurt businesses. Mr. Williams also felt the laws already on the books should be enforced rather than making new ones. He added there are enough rules out there already from the FAA and NTSB. Mr. Williams continued, saying that from observing the two meetings on this issue, the problem is with helicopters but the proposed ordinance will affect other businesses. Mr. Parisot directed his comments to Mr. Dowd. He said yesterday there was a question about grandfathering-in status for existing businesses and asked if Timberview Helicopters would be included in that grandfather provision. Mr. Dowd replied that businesses currently operating would be grandfathered in and if they discontinued operations for six months, they could not continue. Ms. Myra Williams, Destin, stated she is pro-business but not at the expense of people with long-standing businesses being affected. She said some of the visitors to our area have come generation after generation. Ms. Williams stated this is not Miami and Destin has its own distinct ambiance and she would like for it to continue. She felt the helicopters should operate out of the Destin Airport. November 19, 2013 -12- Minute Book 70, Page 148 Okaloosa County Board of County Commissioners Mr. Johnson referred to the documents he submitted earlier and said where he is located is designated as a private airport and FAA has jurisdiction over it. Mr. Boyles noted there must be appropriate zoning for an airport designation and local government entities are involved in the process. Mr. Kampert commented that an individual cannot just go to FAA and get a backyard airport determination. Ms. Misty Hurley, Destin, said this issue seems to be narrowed to helicopters and noise. However, the proposed regulations will affect so many other businesses. She felt adoption of the ordinance would do more harm than good. Mr. Amunds closed the public comment portion and brought the discussion back to the Board. Mr. Windes said we are not talking about Miami, Kansas City, Cocoa Beach or South Dakota but the congested water way in Destin. He stated this has been under review for 13 months. Mr. Windes noted Destin pays one- third of the ad valorem taxes and two-thirds of the bed taxes. He said there needs to be reasonable and common sense rules. He continued, stating the waterways are part of the economic engine and he also realizes Destin is not a sleepy fishing village any more. Mr. Windes stated he has an amended version of the ordinance for consideration. His proposal will change the restricted area and he asked Mr. Kampert to come forward and show the proposed changes on the map. He felt this change would be an adequate compromise. Mr. Boyles said he thinks Mr. Windes’ proposal is in keeping with the direction he is heading. He asked about jetpack issues, noting the Board can define aircraft issues how it wants to. Mr. Boyles stated under the current proposed ordinance jetpacks are considered aircraft and he does not think that it is necessary to include them on that list. Mr. Windes stated if you spend much time in the bridge area, you know about the congestion. He said jetpacks are very distinctive and out of the mainstream. Mr. Harris said he has wrestled with this for 13 months and thinks the ordinance is arbitrary and capricious. He stated he has no doubt this is about the helicopters but it has included November 19, 2013 -13- Minute Book 70, Page 449 Okaloosa County Board of County Commissioners the jetpacks, Mr. Percy’s business, and others. Mr. Harris said there is no data saying there is an aircraft problem in this area. He asked Mr. Percy about the areas where he lands (color codes were used on the map). Mr. Percy said he has landed in the purple and green areas. When asked by Mr. Harris if adoption of the ordinance would put him out of business, Mr. Percy replied, “no.” However, Mr. Percy said it may put Destin off limits for him and landing there will become dependent on wind, waves, and boat traffic. Mr. Harris asked Mr. Johnson how this proposal will affect him. Mr. Johnson replied that he does not operate within the proposed restricted area. Mr. Harris said Mr. Johnson indicated he was agreeable to the compromise and told him the western portion of the area on the southwest side of the bridge would be adequate. Mr. Johnson replied that he did have a site but there were problems with currents, dealing with people and the location of the bird sanctuary. Mr. Harris said his primary concern is not putting people out of business. Mr. Amunds commented they want the freedom to operate where they want to without restrictions. Mr. Harris stated he believes Mr. Windes’ compromise is trying to accommodate as many people as possible. Upon inquiry by Mr. Parisot, Mr. Percy said you cannot see the lines of the restricted area from an aircraft. Mr. Parisot said he assumes it will be done with GPS coordinates. Mr. Parisot stated one thing that is key is the Destin Harbor belongs to the City of Destin and he wished they had drafted this regulation. He felt this to be a Destin issue and asked if the Board could table this item until after the Destin City Council “chimes in.” Mr. Parisot said he believes the proposed regulation is to control the helicopter operations, referencing the petitions signed by Destin business owners opposing that operation. He stated if the ordinance is adopted, it will not solve a problem with the helicopters because that business will be grandfathered-in. Mr. Parisot advised that he cannot support this change. Discussion continued. Mr. Windes said the commissioners are not there every day but he is there and sees the issues. He said there needs to be some kind of solution. Mr. Windes stated there would be markers for the designated areas which will be distinguishable from the air. With regard to the grandfather provision, Mr. Dowd stated that provision is included in the November 19, 2013 -14- Minute Book 70, Page 150 Okaloosa County Board of County Commissioners ordinance. Upon inquiry by Mr. Harris, Mr. Dowd stated it would preclude future business in that area. Mr. Windes made motion, seconded for discussion by Mr. Boyles, to approve the ordinance with the change to the restricted area as previously proposed by Mr. Windes. Mr. Boyles stated he can support this motion if Mr. Windes will amend it by pulling out jetpacks. Mr. Windes accepted this amendment. Mr. Amunds said he does not know if he can support this motion because of questions about the grandfather clause. Mr. Amunds then asked, “Tf it passes, would current businesses be grandfathered in?” Mr. Dowd replied, “Yes, sir.” Mr. Amunds said he can support the motion. The vote was taken-4 yeas, 1 nay. (Mr. Parisot voted no.) Mr. Kampert asked if the motion includes the exemption for military and emergency aircraft, to which Mr. Windes replied, “absolutely.” ORDINANCE NO. 13-25 RECESS - The meeting was recessed at 11:15 a.m. and reconvened at 11:25 a.m. PUBLIC HEARING — ORDINANCE AMENDING LAND DEVELOPMENT CODE, REVISING CHAPTER 1 GENERAL PROVISION “DEVELOPMENT ORDER HEARING“ Mr. Stanford read the advertised legal notice for public hearing to consider the request of the Growth Management Department to adopt an ordinance amending the Land Development Code (Ordinance No. 91-01) by revising the text in Chapter 1, General Provisions, Section 1.11.08 “Development Order Hearing.” Mr. Kampert stated the LDC was substantially revised in January 2011, including Section 1.11.08. This section was revised to provide due process in the form of a development order hearing for any party which might take exception or challenge the issuance of a Development Order by the Growth Management Department. Subsequently, there have been three challenges, Based on these experiences, staff believes the language is too broad and vague for staff to prepare a defensible response to the petition for the Planning Commission to be fully informed about the objection or the challenge at issue. The revised language would refine the appellate procedure. No one came forward to speak in favor of or in opposition to the proposed ordinance. November 19, 2013 -15- Minute Book 70, Page 151 Okaloosa County Board of County Commissioners Mr. Parisot made motion, seconded by Mr. Boyles, to adopt the proposed ordinance. 5 yeas. ORDINANCE NO. 13-26 PUBLIC HEARING - REQUEST TO AMEND FLUM DESIGNATION AND REZONE 9.2 ACRES AT 720 ESSEX ROAD IN FORT WALTON BEACH lan Mr. Stanford read the advertised legal notice for public hearing to consider the request submitted by Choctaw Engineering as agent for Watree Construction & Land Development, Inc. and Conquistador, Inc. to amend the Future Land Use Map (FLUM) designation for 9.2 acres from Institutional (INST) to Medium Density Residential (MDR) or a more restrictive FLUM designation. And if approved, to rezone subject property from Institutional (INST) district to Residential-2 (R-2) district or a more restrictive zoning district. Mr. Kampert stated this is the site of the former Ocean City Elementary School. The applicants purchased the property from the School District and propose a straight forward residential development. He advised no public comment or opposition has been received and the Planning Commission voted unanimously to recommend approval at its October 10, 2013 meeting. No one came forward to speak in favor of or in opposition to the requested changes. Mr. Parisot made motion, seconded by Mr. Harris, to adopt the ordinance amending the FLUM designation as advertised. 5 yeas. ORDINANCE NO. 13-27 Mr. Parisot made motion, seconded by Mr. Harris, to adopt the ordinance