Okaloosa County BOCC — November 3, 2015 — Public Hearing - Tom Young FLUM Amendment and Rezoning — agenda request — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 3, 2015 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Public Hearing - Tom Young FLUM Amendment and Rezoning DEPARTMENT: Growth Management BCC DISTRICT: 3 STATEMENT OF ISSUE: Consideration of a request changing the use of land submitted by Tom Young relating to property located off Garrett Pit Road in the unincorporated Crestview area south of I- 10. The request is to change the Comprehensive Plan Future Land Use Map (FLUM) designation for the property from Rural Residential (RR) and Agriculture (AG) to Low Density Residential (LDR), or a more restrictive FLUM designation (petition 392558-BCC-2015). If the FLUM amendment is approved, request to rezone the property from Residential Rural (RR) and Agriculture (AG) district to Residential - 1 (R-1) district, or a more restrictive zoning district (392549-BCC-2015). Property contains 9.9 acres, more or less. BACKGROUND:  Comprehensive Plan, Future Land Use Element Policy 9.2 provides criteria that must be considered for plan amendments that change lands designated as “agriculture” or “rural residential” to another FLUM designation. These criteria and the applicant’s response to each follows (see Exhibit 1). This application involves a proposed amendment to the ‘agricultural” FLUM category. In the evaluation of proposed land use amendments for land in the “agricultural” or “rural residential” categories, the application shall demonstrate the following: a. the need for such land use amendment; Applicant response: there is a substantial need for lots of all sizes south of Crestview, Florida. b. the amendment will not result in urban sprawl; Applicant response: This development will not result in urban sprawl as lots are to be one half acre lots. c. a functional relationship of the proposed amendment to other more densely or intensely designated or developed lands; Applicant response: There is a subdivision located within 500 feet of this proposed subdivision located on P.J. Adams Road. d. the availability of facilities and services for a more dense or intense land use; Applicant response: There is water, sewer and electric available for this proposed subdivision. e. the relationship of the proposed amendment site to the urban development area boundary. Applicant response: This subdivision is located in the approved urban development area.  Note: According to best available maps the property is not located within the urban development area.  The proposed amendment and rezoning site is located within the Eglin North Encroachment Zone. This will necessitate review by Eglin officials to determine possible impact.  In October, 2014 the Board of County Commissioners approved a large-scale amendment submitted by Tom Young changing 194 acres abutting this requested change from “rural residential” to “low density residential.”  This requested change appears to be part of a land assembly that will be added to the 194 acres previously approved. PUBLIC COMMENT/OPPOSITION: Mr. J.D. Sweeney called September 21, 2015 in opposition. Mrs. Phyllis Enzor spoke at the October 8, 2015 Planning Commission hearing in opposition expressing concern about urban sprawl, and possible negative impact to her nearby property with regard to disrupting the rural character of the area. PLANNING COMMISSION: The Planning Commission voted unanimously to recommend approval at a public hearing held October 8, 2015. MILITARY REPRESENTATIVE: Jeff Fanto, Community Planner for Eglin Air Force Base, attended the October 8, 2015 Okaloosa Planning Commission meeting in his role as ex-officio member representing the Air Force. During the public hearing for Planning Commission Agenda Item 1, 392551-BCC-2015 and 392553-BCC-2015 (Alec Strayer petition), Mr. Fanto made the following comments: He encouraged the developer to consider using fully-shielded, downward- directed, full-cutoff lighting for all outdoor lighting applications within the development. Mr Fanto stressed the potential impact of outdoor lighting, especially in this area (between I-10 and the Eglin Test and Training Range (ETTR) northern land boundary) and its detrimental effect on night training and testing operations. He cited a map in the 2009 Joint Land Use Study that showed the encroachment of ambient lighting onto the ETTR over time (an 8-year span from 1992-2000). He further commented that as community growth continues and pushes ever closer to Eglin’s boundary, the ambient light intrusion on the range only grows. It is imperative to encourage these voluntary measures to ensure the dark sky environment necessary for testing and training of the many customers that use the range. Mr. Fanto also informed the applicant that any residences and their occupants in this area will likely be exposed to some incidents of noise by the test and training operations conducted proximate to their location. For Planning Commission Agenda Item 2, 392558-BCC-2015 and 392549-BCC-2015 (the subject of this agenda request), Mr. Fanto asked his comments as stated for Agenda Item 1 be applied to this item as well. Under “Other Business” the Commission Chairman asked about the possibility of making such lighting fixtures as Mr. Fanto referenced for the two agenda items required. Mr. Fanto commented his concerns in the way these land use changes were being conducted. In actions under the National Environmental Policy Act (NEPA), for example, the actions would have to be considered in total, i.e., identifying the cumulative effects of the actions being anticipated. In the cases of the two actions before the Commission at this meeting, each was a 9.9 acre parcel and each is looked at separately. However, looking at an area map it is clear to see these are two of what will likely be many more 9.9 acre requests. As such, outdoor lighting for these two parcels doesn’t amount to a huge concern. But spread that over 100 acres or more, the concern is much greater. Mr. Fanto reiterated the need for dark sky conditions over as much of the range as possible so test and training activities aren’t negatively affected. Mr. Fanto also commented that since these parcels fall within the Eglin North Protection Zone, there are already some measures in place to address development concerns. However, exterior lighting is not covered. STAFF POSITION: Staff has no objection to the requested FLUM amendment and rezoning. RECOMMENDATION: It is recommended that the Board consider the facts presented herein, the Planning Commission recommendation, as well as any facts that may be presented at the public hearing, and then decide whether or not to adopt the FLUM amendment and rezoning by separate ordinances. If the Board decides to approve the amendments as proposed, the following motions are recommended: 1. Future Land Use Map Amendment: Move that petition 392558-BCC-2015 amending the Future Land Use Map Map from Rural Residential (RR) and Agriculture (AG) to Low Density Residential (LDR) be approved. 2. Rezoning: Move that petition 392549-BCC-2015 re-zoning the subject property from Rural Residential (RR) and Agriculture (AG) to the Residential -1 (R-1) zoning district be approved. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator