Okaloosa County BOCC — November 4, 2012 — Minutes — reading text

the county needs it for drainage, Mr. Jennings will be required to remove the fence. He advised that an alternate resolution has been prepared, vacating a strip 20 feet in width rather than 25 feet. This would provide an additional five feet for public use. Mr. Hofstad added the only opposition to the vacation has been from the Watts family. Mr. Amunds opened the floor for public comment but no one came forward to. speak. Mr. Harris made motion to approve the vacation as requested by the Jennings. Mr. Windes stated that he went on site Saturday and spoke with both Mr. Jennings and Mr. Watts. He said there are no sidewalks in this area and Mr. Watts wants to protect the children by having ample space for them to walk in the neighborhood. Mr. Windes stated Mr. Jennings said it would be acceptable to decrease the width of the vacated right-of-way to 20 feet and Mr. Watts, the neighbor, agreed to that as well. Mr. Harris withdrew his motion. Mr. Windes made motion, to adopt the alternate resolution, vacating a strip 20’x150’. Mr. Parisot stated he went to the location on Sunday and it appears to him there is already enough space for foot traffic between where a fence would go and the shrubs. He stated the property owner who received vacated right-of-way in the 1990s did not give anything up. Mr. Windes noted that would be a narrow and confined alleyway. Mr. Harris stated there appears to be agreement between both parties and seconded Mr. Windes’ motion. Mr. Boyles felt Mr. Parisot’s comments were misplaced regarding the portion which was previously vacated. He said it is regrettable the previous right-of-way vacation in the 1990s had no provision for public use but there is nothing which can be done about that now. Mr. Boyles stated he is sympathetic to the Jennings’ request but he is looking how that right-of-way may have future use. Mr. Amunds reopened the floor for public comments. Mr. Jennings stated he is basically in a position of “winning 20 feet.” He said Mr. Parisot and Mr. Windes were able to see the area first November 20, 2012 -7- Minute Book 68, Page 52 Okaloosa County Board of County Commissioners hand. Mr. Jennings said from where the flags were set to the south there is sufficient distance for foot traffic and a bicycle path. He stated his primary concern was the motorized vehicles coming through. The vote was taken on the motion---5 yeas. RESOLUTION NO. 12-168 PUBLIC HEARING - AMENDING CHAPTERS 1A AND 2, LAND DEVELOPMENT CODE (9:00 A.M.) Mr. Stanford read the advertised legal notice for a public hearing to consider changes to the Land Development Code (LDC) Submitted by the Growth Management Department, amending Chapter 1A Code Administration and Chapter 2 Zoning Regulations. This is the second hearing. The first hearing was held on November 6, 2012 in Crestview. Mr. Elliot Kampert, Growth Management Director, provided the following staff findings: e Section 1A.02.11 “Permits from Other Agencies.” A change to this section is necessary in order to make the LDC consistent with current state law. _ During the 2012 session, the Legislature enacted House Bill 503 which amended Section 125.022, Florida Statutes. This provision prohibits counties from requiring permit approvals from other agencies as a prerequisite to issuing development orders or permits. Currently, the LDC requires permit approvals from other agencies before a development order can be approved. e The County substantially revised Chapter 2 “Zoning Regulations” in May 2010. These revisions identified permitted uses in commercial and industrial zoning districts according to the North American = Industry Classification Systems (NAICS) codes. This was done to provide a more descriptive and inclusive list of permitted uses based on the types of businesses identified in the NAICS by the U.S. Census Bureau. The NAICS is the more comprehensive and authoritative list of officially recognized businesses in the county and it is updated every five years as part of the Economic Census. The most recent update is for 2012. As a result, staff took this opportunity to re-evaluate NAICS codes in relation to those currently listed in Chapter 2. The proposed changes are: November 20, 2012 -8- Minute Book 68, Page 53 Okaloosa County Board of County Commissioners o references to NAICS 2002 have been changed to NAICS 2012 o Section 2.08.00 Business Office (C-1) district has been changed: Code 54, add “except 541940 Veterinary Services with outside kennels or outside boarding of animals;” Code 5611 through 5615 Administrative Support Services, delete Code 5616 Investigative and Security Services including armored cars and security services; Code 6211 through 6213 Health Care and Social Assistance, delete Codes 6214 through 6216 including outpatient care centers, medical labs, and home health care services; Delete Code 928110 National Security including military bases and training camps o Section 2.10.00 General Commercial (C-3) district: Add Code 23 Construction; Code 48-49 Transportation, add warehousing, Air Transportation add 4831 Deep Sea, coastal and Great Lakes Water Transportation, add 4881 Support activities for Air Transportation, add 4882 Support activities for rail transportation, add 4883 support activities for water transportation, and add 4879990 scenic and sightseeing, other. Code 53, add “except 532411 commercial air, rail and water transportation equipment rental and leasing.” Code 56, add “and Waste Management and Remediation services except 5622 Waste Treatment and Disposal.” Code 71, add “except 7132 gambling industries (any gaming and gambling prohibited by law) and 713990 (nudist camps and outdoor shooting activities involving firearms such as firing ranges, trap shoot skeet shoot only). Code 92, add “except 922140 Correctional institutions (state or federal). o 2.10.7 Performance Criteria: 1(b) Noise, delete “not exceed 55 dbA outside any enclosed structure or building” and add “be as specified in Sections 9.01.00 and 9.02.00 o Section 2.12.00 Industrial (I-1): Delete 2(a), 2(b), and 2(c); Delete Codes 5611, 5612 Administrative and facilities support services and add Code 6115 Technical and Trade Schools, add Code 8113 Commercial and Industrial Machinery and Equipment Repair and Maintenance, add Code 92 Public Administration, add to 11 “and only when used to provide workforce housing accessory to or in conjunction with a permitted industrial use.” November 20, 2012 -9- Minute Book 68, Page 54 Okaloosa County Board of County Commissioners Oo Section 2.13.00 Airport Industrial Park (I-2): add 12 Aerial scenic and sightseeing such as cable cars, gliders, helicopter rides and hot air balloon rides. Ms. Virginia Hickman stated she lives in East Pass Towers and represents a number of residents. She complained about the use of a barge near the front of this property being used for helicopters landings. Ms. Hickman was concerned about the small boat traffic in the area. She also said she is unable to sit on the balcony because of the noise from the helicopters. Ms. Hickman said it was her understanding there was a moratorium on these type operations and asked how the helicopter company can do this. Mr. Amunds replied the county does not regulate the waterways. He explained the provisions of the Land Development Code do not cover the water. Mr. Dowd added that he is currently researching the issue to see what can be done. Mr. David Powell, attorney with the Ward & Ketchersid Law Firm and representing Timberview Helicopter and Destin Helicopter, stated his clients don’t want to land on barges. He said they want a place to do business and the airport is not feasible. Mr. Powell stated the site previously used by his clients did not require a development order because they were not developing anything and under the C-3 Zoning their helicopter operation was an accepted use. Subsequently, Mr. Powell said they found themselves going to the county when FDOT required approval from the county. He pointed out they were using a temporary permit at that time. Mr. Powell said Timberview was making application when the moratorium was adopted by the Board. He stated his clients had no prior notice the moratorium ordinance would be adopted on an emergency basis on June 19. Mr. Powell commented “They were told not to apply.” Mr. Amunds asked for Clarification on who told Timberview not to apply. Mr. Powell replied, “Let me think how they phrased it.” Mr. Harris asked Mr. Powell if he is saying when his clients went to FDOT they were told to go the county for a permit. Mr. Powell answered that he has not spoken with FDOT directly but did see a letter from FDOT requiring local zoning approval. Mr. Kampert noted that is no longer a requirement in Section lA. The new requirement is to comply with other agencies for permits and the county cannot predicate a permit on other agencies. Mr. Parisot referred to Judge Remington’s order of July 30 which stated that neither of the plaintiffs submitted an application. November 20, 2012 -10- Minute Book 68, Page 55 Okaloosa County Board of County Commissioners The application was made by the owner of Destin Commons. Mr. Powell confirmed that the landowner did file. He also advised the court case referenced by Mr. Parisot is not his lawsuit. Continuing, Mr. Powell stated his clients were caught in “no man’s land” with FDOT and then could not file when the moratorium was adopted. He advised that FDOT read this conservatively and told his clients FDOT could not approve the permit request. Mr. Powell asked why there are no moratoriums on any other proposed changes. He said the only opportunity his clients may have to file is in the “gap” between the effective date of the moratorium and the effective date of the proposed ordinance. Upon inquiry by Mr. Harris, Mr. Powell said his clients were flying from a C-3 parcel at the time of the moratorium. Mr. Parisot noted they were flying out of the Destin Commons parking lot. Mr. Powell stated the other company (competitor) was developing raw land and received approval during a public hearing. He said they will have protection under the current code. Mr. Dowd stated Mr. Powell’s clients were parties in the lawsuit referenced by Mr. Parisot earlier and in that lawsuit’ the grandfathering-in issue was addressed. Mr. Parisot said the judge’s order clarified the issue and there was no application for permanent relief. Mr. Windes stated he spoke with FDOT’s Airport Regional Manager on public and private airports. He detailed the information provided to him about the 14 facilities in the region. Mr. Windes said between the court case and the information he obtained, it appears there has been a lack of effort on the part of these businesses to qualify and follow the proper procedures. Mr. Dowd noted the issue before the Board is not about helicopter operations but about amending the Land Development Code. He said there could be a “window” for application if the board agrees to that provision. Mr. Windes replied that he has concerns about that provision which would allow anyone in after all that has taken place. He pointed out this has already been to court and been denied. Mr. Windes stated this iS an important issue for the Destin area. He said it affects the people who live here and diminishes “our product.” Mr. Windes asked who will protect our November 20, 2012 -11- Minute Book 68, Page 56 Okaloosa County Board of County Commissioners people if the Board does not. Mr. Windes made motion to approve the proposed amendments to the LDC. Mr. Harris said he will play the devil’s advocate for a moment. He said previously helicopter sightseeing operations were allowed in a C-3 zone but the proposed changes will not allow them. Mr. Kampert confirmed that C-3 did allow helicopter Sightseeing businesses. Mr. Harris said both Timberview and Destin Helicopter did what was allowed at the time. He also asked the question how