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Home My WebLink About04-07-2014 Airport Zoning CommissionIOWA CITY/JOHNSON COUNTY AIRPORT ZONING COMMISSION MEETING AGENDA AIRPORT TERMINAL BUILDING 1801 S. RIVERSIDE DRIVE IOWA CITY, IOWA MONDAY, APRIL 7,2014 - 5:30 P.M. 1. Determine Quorum 2. Items for Discussion /Action: a. Orientation b. Chair Selection 3. Adjourn *The times listed in the agenda are the anticipated duration of that particular agenda item. The actual discussion may take more or less time than anticipated CITY OF IOWA CITY MEMORANDUM Date: April 4, 2014 To: Airport Zoning Commission, From: Airport Operations Specialist Re: Agenda & Packet Info The Airport Zoning Commission is being asked to meet to evaluate a proposed change in the Airport Zoning Code. Currently the zoning code is written so that no object may penetrate the Airport's protected zones. However, in the past there have been occasions where the Federal Aviation Administration airspace study process has returned a result of "Determination of No Hazard to Air Navigation" even though a project is proposed to exceed the horizontal overlay zone. The proposed amendment to the code would provide a process of approving projects that meet certain criteria following that study result. The purpose of this initial meeting is to provide an orientation to the members of the Commission as well as to begin some other procedural tasks such as the process of selecting a chair. In the packet you will find a copy of the state code as it related to the selection process, a copy of the proposed ordinance, on airspace overlay map, and a copy of an "Open Records" memo that has been distributed in the past to Airport Commission members. This memo will also relate to your work on the Airport Zoning Commission. §329.7, AIRPORT ZONING TQ -1322 329.7 Relation to comprehensive zoning regulations. Any municipality which adopts zoning ordinances under chapter 414 or chapter 335 m incorporate therein howeVE boa a airport hazard area zoning regulations and administer and enforce the as provided in this chapter. them ncludii [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 581, §329.7; 81 Acts, ch 117, §1051] operate operate 329.8 Conflicting regulations. [C46, In the event of any conflict between any airport zoning regulations adopted or established under this chapter and any other regulations applicable to the same area, whether the 329.1 con be with respect to the height of structures or trees, the use of land, or any other matteflict r, T 1. T the more stringent limitation or requirement shall govern and prevail. shall [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §329.8] section has the Procedure for adopting zoning regulations - zoning commission. provi329.9 adopting, amending, and repealing airport zoning regulations under this chapter the fora csIn 2. a. governing body of a city shall follow the procedure in sections 414.4 and 414.6 and the board of supervisors of a county shall follow the in selectee procedure sections 335.6 and 335.8. The commission so appointed shall be known as the airport zoning commission. The airport and to 1 b. T zoning commission shall consist of two members from each municipality selected by the governing body and one additional member to thatwh act as chairperson and to be selected by a majority vote of the members selected by the municipality. The terms of the members shall be V; of the airport zoning commission shall be for six years excepting that when the board is first created, one of the c. vacant i members appointed by each municipality shall be appointed for a term of two years and one for a term of four years. Members may be removed for cause by the d. N appointing authority upon written charges after public hearing. Vacancies shall be filled for charges 3. T I- C', �� Jb� the unexpired term of any member whose office becomes vacant in the same manner in which the member was selected. followir (t `T V� C I ,{� 1 [C46, 50, 54; 58, 62, 66; 71, 73, 75, 77, 79, 81, 581, §329.9; 81 Acts, ch 117, §1052] Refemd to in §331.321 a. R official. 'J� b. -D 329.10 Airport zoning requirements. 1. All under a EJ airport zoning regulations adopted under this chapter shall be reasonable and none c. 11� shall impose any requirement or restriction which is not necessary to effectuate the purposes of this chapter. 6, [C46,Co 2010. i h t 1 1 5 2. a. Airport zoning regulations adopted under this chapter may require, at the municipality's expense, the removal, lowering, or other change or alteration of any structure or tree, or a in 1. All a n T �/t( change use, not conforming to the regulations when adopted or amended. b. adma u' Airport zoning regulations adopted under this chapter may require a roeowner _ to permit the municipality at its own expense install, oro erty may b s be to operate, and maintain on the p markers and lights as necessary to indicate to operators of aircraft the presence of the airport Pwhich age agency T, hazard. p U W C�1 Gl 0 3. All such regulations may gal y provide that a preexisting nonconforming structure, tree, any mel l t or use, shall not be replaced, rebuilt, altered, allowed to grow higher, or replanted, so as to constitute a greater airport hazard than it pursuar of ad'us was when the airport zoning regulations or amendments to the regulations were adopted. C46, [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §329.10] 2005, 90 Acts, ch 1022, §1 329.1, 329.11 Variances. Each Any person desiring to erect or increase the height of an structure, or to permit the py P to this c exist growth of any tree, or otherwise use the person's P property n violation of airport zoning [C46, 6, regulations adopted under this chapter, may apply to the board of adjustment for a variance from the zoning regulations. Such Refert d variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship 329.1; and the relief granted would not be contrary to the public interest, but would do substantial This c justice and be in accordance with the spirit of the regulations and this chapter; provided, [C46, City of Iowa City MEMORANDUM TO: Airport Commission FROM: Susan Dulek, Assistant City Attorney` DATE: March 5, 2003 RE: Open Meeting, Open Records, and Commission Meetings Given that the Commission has a new member as of March 1 and will elect a new chair at its March 13 meeting, I believe that it is an opportune time for me to discuss some matters related to open meetings, open records, and Commission meetings. Some of this may be simply a reminder. 1. Open Meetings and emails. Email communications between Commission members raise issues under Iowa's open meetings law. As a result, I advise against using e-mail to communicate with each other in any manner whereby a majority of you are discussing an item at the same time. To determine whether a violation of the open meetings law has occurred, any such occurrence would have to be examined on its own facts. However, due to the instantaneous nature of e-mail communication, use.of e-mail to communicate among yourselves is problematic, and I discourage it. 2: Open Records and emails. All electronic and written communication, with limited exception, to you and from you is an "open record." Consequently, any person for any reason may request copies of this communication. Doing work on your personal computer or you work computer does not make it "private" or "confidential" or shield it from an open records request. For example, a reporter, or anyone, could request copies of all communication having to do with the strategic plan and copies would need to be provided. As a result, you may want to consider implementing a personal records retention policy such as deleting any Commission related matters after 30 days. Commission members' replies to e-mails should advise the senders that their e-mail communications and the Commissioners' responses may be public information. 3. Discussion of Items Not on the Agenda. Occasionally a member of the.public will address the Commission at this time on the agenda. This is the time to listen to that person. A Commissioner may engage in a dialogue with that person, but it should not spill over to the point that it becomes a discussion among the Commissioners: Also, although it is not the time to deliberate on the matter brought to you by that person, the chair may take an informal poll of the Commission to see if it should be an item on the next agenda. 4. "Commission" Time. By this, I mean the time when the Commissioners give their reports at the end of the agenda. It is a time to apprise others of an event or a concern; it not a time to deliberate or decide. The matter itself is not on the agenda. it is appropriate to poll the Commission informally to determine whether an item should be on the agenda at the next month. If you have questions about this memo or if you would like to discuss any of this further, please do not hesitate to telephone me at 356-5030. Copy to: Ron O'Neil. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 DRAFT ORDINANCE NO. ORDINANCE AMENDING TITLE 14, ENTITLED "ZONING," CHAPTER 6, ENTITLED, "AIRPORT ZONING," TO PROVIDE THAT A STRUCTURE MAY PENETRATE THE HORIZONTAL OVERLAY ZONE UNDER CERTAIN CONDITIONS. WHEREAS, the City Code provides that a structure may only penetrate the horizontal overlay zone by special exception; WHEREAS, the FAA does allow the horizontal overlay zone to be penetrated (referred to in an airspace study as a "Determination of No Hazard to Navigation"); WHEREAS, a structure should be allowed to penetrate the horizontal overlay zone without a special exception if it does not affect the daily operations of the airport; WHEREAS, the proposed rezoning is reasonable and does not impose any requirement or restriction which is not necessary to effectuate the purposes of Chapter 329 of the Code of Iowa; WHEREAS, the Airport Zoning Commission has reviewed and approved the proposed rezoning; and WHEREAS, it is in the City's best interest to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 14, entitled "Zoning," Chapter 6, entitled "Airport Zoning," Section 4, entitled, "Airport Zones," Subsection C, entitled "Horizontal Overlay Zone (HO) Defined" is amended by adding the following new Paragraph 3: The proposed structure may penetrate the HO if the Airport Operations Specialist determines that: a) the FAA has issued a "Determination of No Hazard to Navigation;' b) the proposed structure does not exceed any TERPS zone or any other 14 C.F.R. Part 77 zone; and c) the proposed structure does not require a change to instrument approaches, minimum safe altitude, traffic patterns altitude, takeoff/departure procedures or weather minimums or a change similar in nature either to the approach or departure of an aircraft. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 12013 - MAYOR 2013. MAYOR ATTEST: Cfllwas] Iq:1.1 Approved: City Attorney's Office .A. P.� E FAR PART 77 SURFACES IOWA CITY MUNICIPAL AIRPORT IOWA CITY, IOWA Prepared for: Iowa Dept of Transportation Office of Aviation 800 Lincoln Way Ames, IA 50010 515-239-1691 ..1awings.cam Runway Centerline Primary Surface .W� Ls. Approach Surface to } — Transitional Surface — Horizontal Surface Conical Surface E FAR PART 77 SURFACES IOWA CITY MUNICIPAL AIRPORT IOWA CITY, IOWA Prepared for: Iowa Dept of Transportation Office of Aviation 800 Lincoln Way Ames, IA 50010 515-239-1691 ..1awings.cam Runway Centerline Primary Surface Approach Surface — Transitional Surface — Horizontal Surface Conical Surface Airport Reference 668' Point Elevation I This diagram is to be used for informational purposes only to provide a quick reference to aid airport managers and planners in Prepared by: understanding the extent of the FAR Pan ]] surfaces as It relates to existing airport property. It Is based on data contained In the FAAN AS 2007. Any use beyondthe databaseasauthorized. WAD dedp intended determine annedairportdev Foradditional or to plannede contact [he local pForfur airport development c contact information information regarding FAR Part airport sponsor. For r ar rt sponsor `HUNT :doer surtaces, consult httpaloeaaa.faa.govloeaaalexternallportal.jsp. js