MINUTES ARE NOT VERBATIM

JOINT LAND USE STUDY

POLICY COMMITTEE

January 21, 2010

MINUTES

The Joint Land Use Study Policy Committee meeting was held January 21, 2010 at 9:00 a.m. in the Third Floor Large Conference Room, Okaloosa County Water and Sewer Building, 1804 Lewis Turner Boulevard, Fort Walton Beach. Attendee list is provided below (Attachment 1).

Commissioner Bill Roberts, Policy Committee chairman, called the meeting to order and went around the room for introductions. He then turned to Jeff Fanto, Growth Project Coordinator, for announcements and to provide the day’s update briefing. Mr Fanto began by asking all attendees to sign in on the attendance sheet. He also asked those who want to speak during the meeting to make their way to the microphone provided for their comments so it can be recorded for the record.

Mr. Fanto reviewed the purpose of the meeting, which was to give an update on where the group has come so far in devising the implementation strategy for the Joint Land Use Study. He commented that this activity is being done to help communities grow and prosper while not adversely impacting the military mission at Eglin. Additionally, support for the effort comes in the form of directives from Florida Statutes that can be found in the Okaloosa County Comprehensive Plan. Specifically, Chapter 125 states that local a government:

-  Prepares and enforces comprehensive plans for development of the County/City

-  Establishes, coordinates, and enforces zoning and business regulations necessary for public protection

-  Provides services related to the health and welfare of citizens, such as fire protection, parks and recreation, and waste collection/disposal

Additionally there are various governmental interests that are also addressed by this study:

-  Promote an orderly and logical pattern of land use and development

-  Provide a standard and uniform enunciation of general planning policies that can be applied equally to all persons

-  Promote compatibility between land uses so as to avoid the potential for nuisances

-  Protect viable residential areas and property values

-  Promote the preservation and conservation of valuable natural resources

-  To the extent practicable, ensure that private property rights are protected and that all persons are able to determine their rights and duties relative to the comprehensive planning process

-  Maximize the location and use of infrastructure facilities to encourage the most efficient use of land and water resources

-  Fulfill the requirements of state law mandated by Ch 163, Part II, Florida Statutes

-  Promote and provide financially feasible plans and programs for:

o  An orderly pattern of growth and development

o  A safe, convenient, and efficient transportation system

o  Safe, sanitary and affordable housing

o  An effective and efficient system of public and private infrastructure, utilities, and recreation

o  Protection of valuable coastal resources and limitation of public expenditures in areas subject to destruction by natural disasters

o  Conserve and protect locally significant natural resources

o  Promoting coordination between government agencies

o  A schedule of capital improvements intended to assist in the implementation of this plan

-  Generally promote, protect, and improve the public health, safety, comfort, good order, appearance, and general welfare of the community

Mayor Anderson then asked for clarification regarding “governmental interests” as briefed, specifically asking “which governmental are you talking about?” Mr. Fanto responded that the points briefed here are taken from the Okaloosa Comprehensive Plan. The Mayor followed up asking if “enforcing zoning and business regulations” and if this was the County’s enforcing of their Comprehensive Plan. Mr. Elliot Kampert, Okaloosa County Growth Management Director, responded that “all cities and counties in the State of Florida under state law are required to adopt and enforce comprehensive plans. In the case of the Eglin Joint Land Use Study, we’ve all participated in this and have adopted or are in the process of adopting resolutions accepting the results and recommendations of that study. One of the ways to implement that will be through adopting the appropriate policies and goals into our Comp Plans and where necessary adopting Land Development Regulations to implement the goals of the Comp Plan. So these things were taken from the Okaloosa Comp Plan, but they apply equally to all the jurisdictions that have that obligation and authority in the State of Florida. Specifically the cities and counties involved in the JLUS.” Mayor Anderson then followed up, “But the county is not going to help the cities enforce their…?” Mr. Kampert responded, “No.”

Mr Fanto then provided a summary status of JLUS actions. The following jurisdictions have passed Resolutions of Support for the JLUS:

-  Okaloosa County

-  Santa Rosa County

-  City of Fort Walton Beach

-  City of Destin

-  City of Mary Esther

-  City of Valparaiso

-  City of DeFuniak Springs

-  City of Niceville

-  Town of Shalimar (Updated status – slide shows they are not complete)

-  Town of Cinco Bayou (Updated status – slide show shows they are not complete)

The following jurisdictions are working their resolutions and anticipate having them completed in the next 30 days:

-  Walton County

-  City of Crestview

-  Town of Laurel Hill

The City of Freeport is currently withholding action pending resolution of right-of-way discussions with Eglin.

He then turned to a discussion on the bundles created to join similar recommendations for action. This was the direction of the Policy Committee at their last meeting. The bundling gave the group a sense of which recommendations were studies, which required other technical support, and which could be accomplished at the local level with internal staff.

Bundle 1 is the studies recommended in the JLUS. Below each study listed is the identifier for the affected jurisdiction by recommendation number in the JLUS; it is not in priority order. In other words, “OKC 9” for “Conduct Small Area Studies in MIPA III’s” is not Okaloosa County’s ninth priority; rather, it is the 9th entry on the overall list of recommendations for the county. The list of studies in this bundle includes:

-  “Conduct Small Area Studies in MIPA III’s”

o  OKC 9, SRC 11, CRV 5, LHL 5, WLT 8, DFS 5, FRP 5, EGL 4

-  “Study Community Plans and Enterprise Zone Creation Promoting Economic Diversity & Compatible Land Use”

o  VLP 8&9

-  “Study Retrofitting Public and Private Buildings with Sound Attenuation”

o  OKC 10&11, SRC 16, DST 6&7, NCV 7&8, VLP 3&4, EGL 5&6

-  “Study the Development and Implementation of a Voluntary Land Acquisition Program”

o  NCV 9, OKC 12, SRC 9, VLP 5 (specific recommendation for Val’P says “Implement Land Acquisition Program)

o  Conservation lands north of Duke Field in APZ II, within maximum mission noise contours, along Yellow and Shoal Rivers floodplains and tributaries, within critical parts of Low Level Approach Zones

o  Prepare a Land Acquisition Plan with projected costs for acquisitions to be programmed into 5-year CIP

w  Plan should quantify impacts to changes in tax revenue resulting from this program

Bundle 2 is the areas where additional technical assistance is warranted to complete the actions described in the applicable recommendations. This list includes:

-  Update County/City Comprehensive Plan and Land Development Code”

o  SRC 12-15, OKC 19, CCB 6, CRV 11, DST 13, FWB 7, LHL 9, MES 7, NCV 13, SHL 6, VLP 15, WLT 13, DFS 10, FRP 10

o  Comp Plan Military Encroachments Element Data Inventory and Analysis

o  Comp Plan MIPA Sub-element Goals, Objectives, and Policies

o  Identify Objectives for Resolving Encroachment Issues Described in the Data Inventory and Analysis

o  Identify Policies to Implement Each Objective

-  “Implement Public Awareness Measures”

o  SRC 5, OKC 5, CCB 3, CRV 2, DST 4, FWB 3, LHL 3, MES 3, NCV 5, SHL 3, VLP 1, WLT 4, DFS 3, FRP 3, EGL 3

o  Signage

o  Website links to maps showing CZ, APZ, high level aircraft noise, high intensity impulse noise areas, MAZs/MIPAs

o  Distribute maps showing CZ, APZ, high level aircraft noise, high intensity impulse noise areas, MAZs/MIPAs

o  Include media-ready materials provided by EAFB or other sources describing the local military’s mission and activities in public buildings where available; example: playback loop on screens and/or monitors in public places

-  “Implement Comp Plan Amendments Discouraging Additional Navigational Channels or Land Cuts, Artificial Reefs, or Other Activities”

o  SRC 7, OKC 7, DST 8, FWB 4, MES 4, WLT 6

Bundle 3 is the areas where no outside assistance is required to complete the required actions within the recommendation. These include:

-  Update County/City Comprehensive Plan and Land Development Code” (DCA lead agency)

o  SRC 12-15, OKC 19, CCB 6, CRV 11, DST 13, FWB 7, LHL 9, MES 7, NCV 13, SHL 6, VLP 15, WLT 13, DFS 10, FRP 10

o  Comp Plan Military Encroachments Element Data Inventory and Analysis

o  Comp Plan MIPA Sub-element Goals, Objectives, and Policies

o  Identify Objectives for Resolving Encroachment Issues Described in the Data Inventory and Analysis

o  Identify Policies to Implement Each Objective

-  “Distribute Educational Handouts on Radio Frequency”

o  SRC 4, OKC 4, CCB 2, CRV 1, DST 3, FWB 2, LHL 2, MES 2, NCV 4, SHL 2, VLP 13, WLT 3, DFS 2, FRP 2, EGL 2

-  “Implement Lighting Ordinance”

o  OKC 3, CCB 1, CRV 7, FWB 1, LHL 1, MES 1, NCV 3, SHL 1, VLP 12, WLT 2, DFS 1, FRP 1, EGL 15

o  Assumes example in the JLUS Appendix is adequate

-  “Establish Military Influence Planning Area (MIPA) Zoning Overlay District creating MIPA designations (I, II, or III)”

o  OKC 18, CRV 10, DST 12, NCV 12, VLP 14, WLT 12, DFS 9, FRP 9

-  “Formalize Policy to Include Military Participation and Cross-Jurisdiction Coordination”

o  SRC 17, OKC 14, CCB 4, CRV 9, DST 8, FWB 5, LHL 7, MES 5, NCV 10, SHL 4, VLP 6, WLT 10, DFS 7, FRP 7, EGL 9&16

-  “Continuing Pursuing Funding and Construction of the Destin Airport Control Tower”

o  OKC 17, DST 11, EGL 12

-  “Participate in the Ongoing Department of Defense Airspace Study”

o  OKC 16, DST 10, EGL 10

-  “Identify Cruise Missile Corridor on Public Documents”

o  LHL 4, WLT 5, DFS 4, FRP 4

-  “Support and Promote State and Federal Land Acquisition in Yellow River and Shoal River Floodplains and Tributaries

o  OKC 13, CRV 8, EGL 8

-  “Limit Object Heights Regarding Potential Conflicts”

o  OKC 15, CCB 5, CRV 6, DST 9, FWB 6, LHL 8, MES 6, NCV 11, SHL 5, VLP 7, WLT 11, DFS 8, FRP 8

o  Will require height ordinance; are there local jurisdictions with a completed one to use as an example?

-  “Support and Promote State and Federal Land Acquisition in Florida Greenway Program”

o  LHL 6, WLT 9, DFS 6, FRP 6, EGL 7

-  “Establish Effective Disclosure Procedures”

o  SRC 2, OKC 2, DST 2, NCV 2, VLP 11, WLT 1

-  “Do Not Allow Increases in Density and Intensity in Low Level Approach Zones and Eglin AFB Boundary Buffer Until Small Area Studies are Completed”

o  SRC 8, OKC 8, CRV 4, WLT 7

-  “Identify Low Level Approach Zones on Public Documents”

o  SRC 6, OKC 6, CRV 3

-  “Identify APZs and High Noise Areas on Public Documents”

o  NCV 6

-  “Identify Clear Zone and APZs I & II on Public Documents”

o  VLP 2

-  “Implement Noise Level Reduction Construction Standards”

o  SRC 1, OKC 1, DST 1, NCV 1, VLP 10

-  “Expand Choctaw Field MAZ”

o  SRC 3

-  “Access Management Interlocal Agreement for Choctaw Field”

o  SRC 10

-  “Continue as Lead Facilitator of JLUS Implementation”

o  OKC 20

-  “Upon Completion of the Supplemental EIS, Identify High Noise Area on Public Documents”

o  DST 5

-  “Complete Supplemental EIS Related to the Number and Operations of the JSF with Mitigating Measures to Lessen the Impact of the Operations on Civilian Lands”

o  EGL 1

-  “Sponsor Acquisition of Properties Identified in the Clear Zone of Runway 19 to the Deputy Secretary of the Air Force (Installations)”

o  EGL 11

-  “Coordinate with the Escambia County Community Planning Department Regarding the Supersonic Corridor Stretching from Santa Rosa County into the Pensacola Beach Area (outside the study area of the JLUS)”

o  EGL 13

-  “Prepare or Update the 2006 AICUZ with Applicable Information for the JSF Including Consideration of Future Events and Ramifications of Those Events on Surrounding Communities”

o  EGL 14

-  “Execute First Right of Refusal Legal Documents with Private Property Owners of the Enclave Parcels Outside the East Gate”

o  EGL 17

Mayor Anderson asked if the recommendation “Establish Military Influence Planning Area (MIPA) Zoning Overlay District creating MIPA designations (I, II, or III)” applied to everyone or just those jurisdictions listed. Mr Fanto replied that only the jurisdictions listed were affected (Okaloosa County, Crestview, Destin, Niceville, Valparaiso, Walton County, DeFuniak Springs, and Freeport).

Mr. Fanto concluded his briefing and turned the meeting back to Chairman Roberts who entertained questions. Mayor Anderson asked that where a community has passed a resolution except for….what is the process to resolve the “except for” or are we just moving on anyhow? Mr. Fanto responded that our goal has always been for each community to put each recommendation as identified in their resolution of support, though not all communities chose to do that. He said he would continue to stay engaged with those communities and work with them to try to resolve whatever differences they may have. He indicated that in the case of Valparaiso, there are legal actions underway that will need to be resolved before the City will entertain the idea of moving forward with their outstanding recommendations. There is also the Supplemental Environmental Impact Statement (SEIS) that is still being worked that will have an impact on those communities affected by noise working towards those specific recommendations. Mr. Fanto reminded that the plan all along was to supplement the JLUS once the SEIS was complete which should provide definitive noise information that should, in turn, enable Valparaiso and others to move forward with noise-related recommendations.