HomeMy WebLinkAboutA003 - Council Action Form, May 27, 2014 ITEM # 42
DATE: 05-27-14
COUNCIL ACTION FORM
SUBJECT: ZONING TEXT AMENDMENT REGARDING OBSTRUCTIONS AROUND
AIRPORT
BACKGROUND:
Planning staff was previously directed by Council to work on development of options for
protecting the continued viability of the Municipal Airport in its current location. In
response to this directive, a workshop was held on April 24, 2012 regarding the issue of
airport protection against obstructions and incompatible uses. The presentation by a
consultant, Mead Hunt, described the full range of protection techniques employed in
varying jurisdictions across the country. Council provided comments to go forward with
a limited approach to 3 miles around the airport for master planning efforts involving
land use changes and for coordination with the county.
The proposed text amendment addresses an immediate need within Ames to
clarify existing and augment the review of potential obstructions to airport
approaches in support of modernization of the airport. Obstructions are generally
features that impair vision of a pilot and include controls for tall buildings, vegetation,
open water, and wildlife concentration. The proposed amendment does not address
general land use compatibility around the airport that would be part of a broader master
plan effort.
The Federal Aviation Administration (FAA) does not directly regulate airport obstructions
of uses or buildings. The FAA assesses the condition of operations of an airport, and if
obstructions impact the airport operations, it then limits the airport's use, rather than the
use of the adjoining properties. It is incumbent upon a local jurisdiction to control
surrounding obstructions to support the operation of an airport. Typically this protection
is accomplished through zoning controls, which restrict building heights and certain land
uses in key areas, such as areas in direct alignment with runways. Currently, the only
protective regulation in the Municipal Code requires building height compliance with
FAA restrictions within only 750 feet of airport property. (See Attachment A) Chapter
329 of the Code of Iowa allows cities to implement controls of obstructions to airport
operations beyond those currently employed by the City of Ames.
Previous research was conducted looking at Dubuque, Sioux City, Ankeny, and Council
Bluffs to determine their airport protection policies. That research showed that many
cities with airport protection ordinances regulated land uses around their airports. This
information came from a Department of Transportation (DOT) database. Most
ordinances included only generalized statements about prohibiting uses that cause
glare to a pilot's visibility or create electromagnetic interference. Of the cities
researched, only the Council Bluffs ordinance truly regulated specific land uses. In that
case, the restrictions were only in the Runway Protection Zone (RPZ), also known as
Zone A in modern ordinances. (See Attachment B)
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The RPZ is the trapezoidal area immediately beyond the runway itself, but not as long
as the Approach Surface to the airport. Controlling uses and building height as
obstructions is most critical in this area. Fortunately, the City of Ames controls nearly all
of its RPZ area either by ownership or easement. However, the City only controls some
of the approach surface due to its large size. It is within the approach area that
properties have the most potential to violate the height restrictions of the established
FAA airport airspace zones (FAR Part 77 Imaginary Surfaces). (See Attachment B,
Land Use Plan of Airport Property, an excerpt from the 2008 Ames Municipal Airport
Master Plan, showing actual RPZ's.)
FAR Part 77 identifies a plane of imaginary surfaces above an airport and within the
approach path of the runways that creates a clear zone for safety of air traffic in and out
of the airport. The size and location of each imaginary surface is based on the category
of each runway according to the type of instrument approach available or planned for
that runway. The height restriction is then calculated in relation to the ground elevation,
airplane approach, and distance from the airport runway.
The proposed text amendment is in response to a desire to apply for a General Aviation
Vertical Infrastructure (GAVI) Program grant though the Iowa Department of
Transportation's Office of Aviation. Publicly owned general aviation airport sponsors
may apply for GAVI projects that include such uses as landside development and
renovation of airport terminals, hangars, maintenance buildings, and fuel facilities. As a
requirement of the grant approval, the City is required to have in place an ordinance that
addresses obstructions such as uses and heights within the airspace zones of the
airport.
Based on the FAA's regulations for imaginary airspace surfaces, which is described in
FAR Part 77 of the FAA guidance on airspace protection and which sets the airspace
zones based on the type and size of the airport runway, staff has found that only
approximately 20 properties could potentially exceed the airspace zone height
restrictions based on the underlying zoning district height allowances. (See Attachment
C) With the small number of properties affected by the clear zones, staff did not feel
that an overlay district was needed for regulations. Staff determined that obstruction
regulations incorporated into the zoning code could address height and use restrictions
needed to protect the airport viability, as well as to meet the needs of the airport for
future grant applications.
At this time staff is not proposing specific use limitations for the Runway Protection
Zone, due primarily to the limited extent of the RPZ. An overlay zone could be created
to specifically limit the types of uses where concentrations of people may occur, such as
in shopping centers, churches, etc. Such an overlay would go beyond the general
height limitations and obligation to maintain properties free of obstructions that are
recommended by staff.
CURRENT CODES:
The following sections of the City's zoning ordinance contain provisions applicable to
airports:
General Development Standards:
Section 29.408(6) Height Near Airports.
Heights of buildings constructed within 750 feet of the property boundary of any airport
shall be in compliance with height restrictions from the Federal Aviation Administration.
Wireless Communication Facilities:
Section 29.1307(7)(1) Air Safety.
Support structures 200 feet in height or taller, or those near airports, shall meet all
Federal Aviation Administration regulations.
Wind Energy Systems (WES):
Section 29.1310(28)(b):
No Small WES shall be constructed, altered, or maintained so as to project above any
of the imaginary airspace surfaces described in FAR Part 77 of the FAA guidance on
airspace protection.
PROPOSED AMENDMENTS:
The following sections describe proposed amendments to the Zoning Code to further
the intent of limiting obstructions in the approach zones and RPZ. New language is
underlined and deleted language is in strike-out format. A draft ordinance is also
included with this report for reference (See Attachment D).
Add to Article 2 Definitions (Section 29.201 ):
RUNWAY PROTECTION ZONE (RPZ) - Runway protection zone is a trapezoidal area
"off the end of the runway threshold established to enhance the protection of people and
property on the ground" in the event an aircraft lands or crashes beyond the runway
end Runway Protection Zones underlie a portion of the approach closest to the airport.
Add to Article 4 General Development Standards (Section 29.408(6)):
Height ear ^irpo Airport Obstruction Regulations:
shall be 'R GGFRplianGe with height reStFiGtieRS 40M the Federal AviatiGR Administratic)R.
(a) Height Limitations:
Except as otherwise provided in this section no structure shall be erected, altered, or
maintained and no tree or vegetation shall be allowed to grow in any airport airspace
zone (FAA Part 77 Imaginary Surfaces) described in the Ames Municipal Airport Master
Plan to a height in excess of the applicable height limit therein established for such
zones.
(b) Site Improvements Limitations:
Notwithstanding any other provisions of this Ordinance no use may be made of land or
water within any airport airspace zone in such a manner as to create electrical
interference with navigational signals or radio communication between the airport and
aircraft make it difficult for pilots to distinguish between airport lights and others, result
in glare in the eyes of pilots using the airport impair visibility in the vicinity of the airport
create bird strike hazards or otherwise in any way endanger or interfere with the
landing takeoff, or maneuvering of aircraft intending to use the airport.
Add to Article 13 Wireless Communication Facilities (Section 29.1307(7)(c)):
Antenna Height.
The applicant shall demonstrate, to the reasonable satisfaction of the Zoning Board of
Adjustment, that the antenna is the minimum height required to function satisfactorily.
NG aRteRRa that is taller than this minimurn height shall be approved. No antenna or
antenna support structure shall be constructed altered or maintained so as to project
above any of the imaginary airspace surfaces described in FAR Part 77 of the FAA
guidance on airspace protection.
Planning and Zoning Commission Recommendation
The Planning and Zoning commission held a public hearing on this proposed text
amendment on May 7, 2014, and voted 5-0 in support of the amendment with
discussion about effects on use of properties near the airport and how the FAA does not
restrict use directly, but instead controls how an airport may operate.
ALTERNATIVES:
1 . The City Council can adopt the zoning text amendment and approve the specified
revisions to Article 2, Article 4, and Article 13 of the Zoning Code in order to
establish obstruction restrictions for land within the FAA airport imaginary surfaces
airspace zones as described in the Ames Municipal Airport Master Plan.
2. The City Council can deny the proposed text amendment.
3. The City Council can refer this issue back to staff for further information.
MANAGER'S RECOMMENDATION:
Staff currently administers the airport restrictions through site plan review to the extent
practicable, based on a height limit of buildings within 750 feet of the property line of the
airport. However, this practice is not consistent with DOT requirements to have explicit
ordinances addressing issues of obstructions. Staff believes that the proposed
amendments are a reasonable revision to the Zoning Code to address the concern over
obstructions within the airport airspace clear zones and to meet DOT grant
requirements.
The height limitations will be consistent with current practice and do allow for
reasonable use of the property within the approach zones to the runaways. The general
site improvement use limitations will eliminate the most general obstructions to the RPZ.
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It will allow for use of the property consistent with the zoning with no direct limitations on
uses. Final site design and arrangement of uses on a site will still be subject to minor
site plan approvals.
Therefore, it is the recommendation of the City Manager that the Council adopt
Alternative #1 , thereby approving the zoning text amendment to Article 2, Article 4, and
Article 13 of the Zoning Code in order to establish use and height restrictions for land
within the FAA airport imaginary surfaces airspace zones as described in the Ames
Municipal Airport Master Plan.
Attachment A
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Attachment C
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