Planning Challenges and Solutions

Transcription

1 2007 AirTAP Fall Forum Planning Challenges and Solutions Matt Romanik Past Interim Airport Manager, Grand Rapids Itaska County Airport Gina Mitchell Planner, Bolton & Menk Inc. Kathy Vesely Zoning Coordinator & Aviation Planner, Mn/DOT Aeronautics 1

2 1. Location of the Airport 12 ERN Criteria 2. Nature of the terrain within Safety Zones A and B 3. Existing land uses and character of the neighborhood around the airport 4. Population of the community 5. That the average population density in all areas within one mile of any point on a runway be equal to or greater than one dwelling unit per acre. 2

3 Airport Land Use Compatibility Manual Distributed April 2007 Goal = Comprehensive Manual for Zoning Boards and Administrators Produced under contract with Clarion Associates Legal AND Planning Experts National Recognition Available online click on the airplane 3

4 Airport Land Use Compatibility Manual 5. Applicable Laws / Statutes and Legal Issues 6. Model Zoning Ordinance and Procedural Guide 1. Introduction 2. The System Today 3. Compatible Airport Land Uses 4. Preventive and Corrective Strategies for Airport Land Use Compatibility 4

5 MN Airport Zoning History 1944 Drafted Model Zoning Act 1945 Minnesota Airport Zoning Act 1946 First MN Model Airport Zoning Ordinance ( Airspace ) 1958 Minnesota State Zoning established after recommendations in the Doolittle report ( Land Use ) 1969 Changed Land Use Standards & safety zones for airports 1973 Airports required to zone with due diligence ( Funding ) 1974 Change in Safety Zone lengths 1975 Changed Land-Use Zoning Standards to Airport Zoning Standards 1978 Protection of Existing Residential Neighborhoods (ERN) amendment passed 1979 Revised Model Zoning Ordinance 1980 McShane v. City of Faribault ( Governmental Enterprise ) 1990 Updated Minnesota Model Airport Zoning Ordinance 5

6 Airspace Zoning A STADIUM of Air that pilots use to circle and land at the airport during Normal Operations. 6

7 Land Use Zoning Simple Example of Airport Zoning B Zone A Zone A B Zone C Minnesota Standard Zones Zone A + Zone B Runway Length 7

8 Safety Zones Purpose and Intent Safety for pilots/passengers in the air Safety for people on the ground Protection of Property in the Airport Area Limit Population and Building Density to create sufficient open space in case of accident. Provide Compatible land uses around airports allow no uses that create smoke or visually distract pilot or attract birds and animals 8

9 Harry s Holsteins Exercise #1 9

10 Harry s Holsteins Runway Protection Zone (RPZ) for Holy Cow Regional Airport Begins 200 beyond the end of the runway Length 1,000 Width 500 (based on width of primary surface) 10

11 Harry s Holsteins 2,667 1,333 LAND USE SAFETY ZONES Ultimate Runway Existing Runway Runway Length Zone A (2/3 RW Length) Zone B (1/3 RW Length) 4,800 3,200 1,600 4,000 2,667 1,333 + Zone A (2/3 Runway Length) Zone B (1/3 Runway Length) Runway Length 11

12 Harry s Holsteins Zone C Land Within the Perimeter of the Horizontal Airspace Zone that is Not Included in Zone A or B Horizontal Airspace Zone 10,000 12

13 Harry s Holsteins Dairy Barn Zoning Ordinance Does Not Prohibit Strategies Explain Zone A is the Area with the Greatest Potential for Accidents Work with Landowner to Site Elsewhere on Property Outside of Zone A 13

14 Harry s Holsteins Aerated Waste Lagoon Zoning Ordinance Does Not Prohibit FAA Recommends Separation Distance Between Airport Operations Area & Hazardous Wildlife Attractants Airports Serving Piston-Powered Aircraft 5,000 Airports Serving Turbine- Powered Aircraft 10,000 14

15 Expansion of Existing Barn Zoning Ordinance Prohibits Current Building Conforms with Ordinance No Rationale for Expansion into Zone A Harry s Holsteins MN Airport Zoning History 1944 Drafted Model Zoning Act 1945 Minnesota Airport Zoning Act 1946 First MN Model Airport Zoning Ordinance (Airspace) 1958 Minnesota State Zoning established after recommendations in the Doolittle report (Land Use) 1969 Changed Land Use Standards & safety zones for airports 1973 Airports required to zone with due diligence (Funding) 1974 Change in Safety Zone lengths 1975 Changed Land-Use Zoning Standards to Airport Zoning Standards 1978 Protection of Existing Residential Neighborhoods (ERN) amendment passed 1979 Revised Model Zoning Ordinance 1980 McShane v. City of Faribault (Governmental Enterprise) 1990 Updated Minnesota Model Airport Zoning Ordinance 15

16 Harry s Holsteins End Discussion 16

17 Chapter 3 Compatible Land Uses Categories of compatibility risks to airports Uses that put too many people on the ground in an area of higher risk primarily approaches Uses that may distract pilots or navigational equipment lights, smoke, reflective materials Airspace obstructions 17

18 Best Practices Minimum open area in safety zone of 300 ft x 75 ft (0.5 acre) flat and free of obstacles Safety Zone A Open Safety Zone B 25%-30% open on runway centerline Safety Zone C 15%-20% open in the traffic pattern If no development allowed, acquire land or development rights 18

19 Chapter 4 - Preventive Strategies Planning Airport Master Plan,, Comp Land Use Plan Regulatory Zoning Variances Property Acquisition Transfer of Development Rights Public Education Real Estate Disclosure of Zoning Restrictions 19

20 Chapter 4 - Corrective Strategies Mitigation strategies Treatment of Nonconforming Uses Amortization Transfer of Density/Land Swaps Property Acquisition Change in Operational Procedures 20

21 Chapter 5 Legal Issues Federal legislation requires assurance of compatible land use around airport as part of airport funding Limits the height of obstacles in approaches and around airport Requires notification of towers - Form 7460 Criteria for Municipal Solid Waste Landfills State legislation ties Planning and Zoning to Funding of the airport 21

22 Things to Remember 1. Zone for the Ultimate ASAP, don t wait for Construction 2. Plan on Non-Precision & Precision Approaches 3. Model Ordinance = MINIMUM Requirement 4. Additional Restrictions are Encouraged 5. Add The Airport is an essential public facility. 6. Tie the zoning to the Municipal Comprehensive Land Use Plan and/or Zoning Plan 7. Require an Airport Zone Influence Area Disclosure Statement on property titles in all zones 8. Revise variance process to allow review by Aeronautics 22

23 Practical Problem Solving Exercise #2 23

24 Discussions Nelly s Neighborhood Blow Hard Wind Farm Farmer Fred 24

25 Proposed Zone B Gas Station Proposed Zone A Nursing Home Existing Zone B Existing Zone A 25

26 26

27 Disclosure Legislation Last Year 8/1/2006 SF 1940 Required seller of real estate to disclose if land is in airport safety zone Included A, B, & C This Year 8/1/2007 HF 556 Buyers Responsibility to determine if land is in airport safety zone No longer in MS

28 Exceptions The Existing Residential Neighborhood is AN EXCEPTION to the strict application of the requirements of an Airport Zoning Ordinance Think in terms of COMMUNITY needs not just Aviation Focus on Airports as an Essential part of the larger community of People, Business, and Jobs. 28

29 1. Location of the Airport 12 ERN Criteria 2. Nature of the terrain within Safety Zones A and B 3. Existing land uses and character of the neighborhood around the airport 4. Population of the community 5. That the average population density in all areas within one mile of any point on a runway be equal to or greater than one dwelling unit per acre. 29

30 ERN Criteria 6. Population density near the airport compared with population density in other areas of the community 7. Age, and the economic, political, and social stability of the neighborhood and the community as a whole 8. Proximity of supporting school, commercial, religious, transportation and other facilities, and their degree of integration with residential land uses 30

31 ERN Criteria 9. Presence or absence of public utilities including, but not limited to, public sanitary sewer system, electric, and gas 10. If the factors listed in #8 & #9 above tend to make the community surrounding the airport a self-sufficient unit 11. If areas within one mile of the perimeter of the airport property would be considered primarily residential 12. Other material factors deemed relevant by the governmental unit in distinguishing the area in question as established, residential, urban and built-up 31

32 Discussions Nelly s Neighborhood Blow Hard Wind Farm Farmer Fred 32

33

34 Required Permit Applications FAA 7460 Absolutely Evaluation based on Current NOT Proposed Airport Plan Local Airport/Community Zoning Ask Aeronautics advice if desired Or Mn/DOT Aeronautics If non-transmitting If outside Airport/Community Zone If taller than 500 AGL in MN If AGL and 3-6 nautical miles of an airport If it increased low level airway or approach minimum altitudess Private Airports = Out in the Cold 34

35 Discussions Nelly s Neighborhood Blow Hard Wind Farm Farmer Fred 35

36 Zoning Ordinance Requirements of Fred Farmer Fred Submit Variance Application to Board of Adjustment By CERTIFIED MAIL Include All Required Documents E.g. Letter Stating Rationale for Request & Site Plan 36

37 Farmer Fred Procedure for Variance Request Zoning Ordinance Requirements of Board of Adjustment (BOA) Provide Public Hearing Notice May Approve Variance Only if it Finds Literal Application or Enforcement Would Result in Practical Difficulty or Unnecessary Hardship Relief Granted Would Not be Contrary to the Public Interest, but Would Provide Substantial Justice & Be in the Spirit of Airport Zoning Regulations May Set Reasonable Conditions 37

38 Farmer Fred Timeframe for BOA to Make Final Decision Up to Four (4) Months (MN State Statute Subd. 2) 60 Day Law (MN State Statute 15.99) Requires Action within 60 Days of Zoning Application Request If Agency Fails to Comply Action is Deemed Approved BOA Can Request Additional 60 Days Land Use Compatibility Manual States Unclear Whether 60 Day Law Applies to an Airport Zoning Permit or Variance Application 38

39 Farmer Fred Should the BOA Approve the Variance? Deny No Land Related Hardship Other Options for Placing the Silo Outside of Zone A & Protected Airspace May Avoid Airspace Impacts if Placed North of Existing Shed 39

40 Zoning Challenges - Takings Someday, Someone, Somewhere may threaten to sue Courts historically have UPHELD Zoning No one has an absolute right to use land in a way that may harm the public health or welfare. Regulation will be upheld if it furthers a valid public purpose and leaves a property owner some viable economic use. The Constitution does not guarantee the most profitable use Before lawsuit can claim a taking, a development plan must have been submitted and all avenues of relief exhausted. Takings Law in Plain English = Good Reading by Christopher Duerksen & Richard Roddewig Standards = Best Practices Legal Responsibility is at the Local Level 40

41 Questions? 41