HomeMy WebLinkAbout04-07-2014 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.
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