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HomeMy WebLinkAbout04-15-2014 Airport Zoning CommissionIOWA CITY/JOHNSON COUNTY AIRPORT ZONING COMMISSION MEETING AGENDA AIRPORT TERMINAL BUILDING 1801 S. RIVERSIDE DRIVE IOWA CITY, IOWA TUESDAY, APRIL 15, 2014 - 5:30 P.M. 1. Determine Quorum 2. Public Discussion of any item not on the Agenda 3. Approval of Minutes of the following meetings: a. April 7, 2014 4. Items for Discussion / Action: a. Consider a recommendation to amend airport zoning code Title 14, Zoning, Chapter 6, Airport Zoning, Section 4, Airport zones to allow an administrative review process of proposed objects which may penetrate the Horizontal Overlay zone under certain conditions 5. 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 Airport Commission April 7, 2014 Page 1 MINUTES DRAFT IOWA CITY/JOHNSON COUNTY AIRPORT ZONING COMMISSION APRIL 7, 2014 — 5:30 P.M. AIRPORT TERMINAL BUILDING Members Present: John Etheredge, Christine Douglas, Matthew Wolford, Terry Dahms Members Absent: Staff Present: Michael Tharp, Sue Dulek Others Present: RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None CALL TO ORDER: Tharp called the meeting to order at 5:34 P.M. ITEMS FOR DISCUSSION/ACTION: a. Orientation — Tharp welcomed members to the meeting. Tharp described the role of the Airport Zoning Commission and what they were being asked to do. Tharp then described the information packet to the members. Tharp noted the enclosed Open Records memo and discussed the open meeting rules with members. Tharp then described the draft ordinance that was in the packet. b. Chair Selection — Tharp stated the second half of the meeting was going to be to decide a method to select the Chair. Tharp stated that the Commission was made up of 2 appointees by the County and 2 from the City, and that they collectively were to decide the chair. Dulek noted that they could have an informal process or a formal process. Dulek also noted that they could agree to select a woman to fulfill the gender balance requirements, or they would need to advertise and after 90 days they could appoint anyone. Dulek stated that one other option would be for one of the two county appointees could also go back to the Board of Supervisors and request they appoint a female instead. Douglas nominated Jill Fishbaugh. Upon an indication that Jill Fishbaugh would not be available, there was no second. Members continued to discuss candidates for the Chair position. Members discussed the schedule while waiting for responses from chair candidates. Tharp noted that evenings work better than morning. Dahms asked for some additional information regarding the amendment, and Tharp stated he would provide that at the next meeting. Airport Commission April 7, 2014 Page 2 Etheredge nominated Elaine Reitz to be Chair, seconded by Wolford. Motion carried 4-0. Members set the next two meetings for April 17 and April 24`" at 5:30pm. ADJOURN: Etheredge motioned to adjourn, seconded by Wolford. Motion Carried 4-0. Meeting adjourned at 6:01 CHAIRPERSON DATE Airport Commission April 7, 2014 Page 3 Airport Zoning Commission ATTENDANCE RECORD 2014 Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time TERM o A NAME EXP. O A John Etheredge 12/31/14 X Christine Douglas 12/31/15 X Matthew Wolford 12/31/17 X Terry Dahms 03/01/16 X Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time CITY OF IOWA CITY `YA L MEMORANDUM Date: April 11, 2014 To: Airport Zoning Commission From: Airport Operations Specialist Re: Amendment to 14-6-4 Airport Zones INTRODUCTION/BACKGROUND: The City of Iowa City has a section in the zoning code protecting the airspace around the Iowa City Municipal Airport. (Title 14, Chapter 6) The Horizontal Overly zone is an imaginary plane at 150 feet above the highest runway elevation and extending in a circle 10,000 feet in diameter. The purpose of which is to control 'tall' structures near the airport or airport flight patterns which may cause hazards to aircraft. As currently written, the code only allows for the penetration of the Horizontal Overlay zone by special exception. Recently due to several factors, there have been instances where the Federal Aviation Administration (FAA) will issue a "Notice of Determination of No Hazard to Air Navigation" for proposed projects even though they penetrate the horizontal overlay zone. In other words, the FAA does not object to the project, but the City Code prohibits it without a special exception. GOAL: The proposed amendment would allow an administrative review process that would allow objects to penetrate the Horizontal Overlay zone under certain specific conditions. In these instances, a special exception would not be required. The proposed code language is found below. Underlined text is new language to be added. DEFINITION OF ZONING TERMS AND PROCESS: Given that some of you may not be familiar with zoning terms and process, I thought it helpful to provide some additional information. The Airport Zoning Commission, just like a County Zoning Commission or City Zoning Commission, makes recommendations to the Board of Supervisors or the City Council regarding proposed changes to the zoning code. In this instance, Airport staff is recommending a change to the zoning code regarding airports. Before the City Council of Iowa City can consider the change, there must be a recommendation from the Airport Zoning Commission. A special exception is a limited way for the government to grant an exception to the zoning code if certain criteria are met. A typical example is that the zoning code requires buildings to be located at least X feet from the property line, which is referred to as a "setback requirement." By way of example, assume that the zoning code does not allow a building to be constructed within 8 feet of the side property yard. The zoning code could, for example, allow a special exception that would permit a structure to be built as close as 6 feet of the property line if: a) April 11, 2014 Page 2 the neighboring property owner was agreeable; b) it was for an addition to an existing structure; c) it is compatible with the surrounding structures; d) and so forth. Special exceptions are granted by a "Board of Adjustment," which is a citizen group who hears applications and grants or denies exceptions. In this example, the homeowner wanting to add on to a garage that would be located 6 Yz feet from the property line would file an application for a special exception. Usually a fee is charged. Then there is a hearing before the Board of Adjustment, and if all the criteria are met, the Board would grant the special exception, and if not, the Board would deny it. Even though special exceptions are available to a property owner wanting to build a structure that penetrates the Horizontal Overlay zone, the proposed amendment would allow for some penetrations without the need to apply for a special exception. In short, the proposed amendment eases up on the building restriction, while not adversely affecting the operation of the airport. EXCERPT OF SECTION 14-6-4 OF THE CITY CODE WITH PROPOSED CHANGE In order to carry out the provisions of this section there are hereby created and established certain zones which are adopted and described herein, and which are depicted on the Iowa City airport zoning map, dated March 25, 2002, and as thereafter amended by ordinance, which map is adopted by this chapter and which map is on file in the office of the city clerk, Iowa City, Iowa. Any structure or tree located in more than one zone is considered to be only in the zone with the more restrictive height and use limitation. The various zones hereby established and defined are as follows:... C. Horizontal Overlay Zone (HO) Defined: 1. The airspace above a horizontal plane, the perimeter of which is established by swinging arcs of ten thousand foot (10,000') radii from the center of the inner edge of the AO zones of runways 25, 30, and 36, and an arc of five thousand foot (5,000') radius from the center of the inner edge of the AO zone of runways 12, 7, and 18, and connecting the adjacent arcs by lines tangent to those arcs. The floor of the HO zone is one hundred fifty feet (150') above the airport elevation, or eight hundred thirty four feet (834') above mean sea level. 2. Except as otherwise provided herein, no person shall construct or alter any structure, or plant or grow any tree, so as to penetrate the horizontal overlay zone created herein. 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 pattern altitude, takeoff/departure procedures or weather minimums or a change similar in nature either to the approach or departure of an aircraft April 11, 2014 Page 3 FAA TERMS: I thought it best to define some FAA terminology for you: "Determination of No Hazard" (DNH) - is issued if the structure exceeds obstruction standards but does not result in a substantial adverse effect. I have included a sample airspace study for example. TERPS — Terminal Instrument Procedures - is the set of rules and guidelines the FAA uses to design and implement instrument flight procedures. A 14 C.F.R. Part 77 zone' - Federal Regulation Title 14 Part 77 establishes standards and notification requirements for objects affecting navigable airspace. This defines the shape and size of the several different airspace zones. RECOMMENDATION: Amend the zoning ordinance to allow for administrative review of objects that may penetrate this zone given specific criteria for approval. Federal Aviation Administration Air Traffic Airspace Branch, ASW -520 2601 Meacham Blvd. Fort Worth, TX 76137-0520 Issued Date: 04/28/2010 Nicholas Laskovski Alteris Renewables, Inc. 5197 Main St. Suite 2A Waitsfield, VT 05673 Aeronautical Study No. 2009-WTE-12254-OE ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Wind Turbine Directwind 900 - UNFI Location: Iowa City, IA Latitude: 41-3 8-09.97N NAD 83 Longitude: 91-29-11.29W Heights: 353 feet above ground level (AGL) 1025 feet above mean sea level (AMSL) This aeronautical study revealed that the structure would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities. Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a hazard to air navigation provided the following condition(s) is(are) met: As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory circular 70/7460-1 K Change 2, Obstruction Marking and Lighting, white paint/synchronized red lights - Chapters 4,12& 13(Turbines). It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: At least 10 days prior to start of construction (7460-2, Part I) X Within 5 days after the construction reaches its greatest height (7460-2, Part Il) See attachment for additional condition(s) or information. This determination expires on 04/28/2012 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. Page 1 of 5 NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE IONJ, IMY I rel►ITE This determination is subject to review if an interested party files a petition that is received by the FAA on or before May 28, 2010. In the event a petition for review is filed, it must contain a full statement of the basis upon which it is made and be submitted in triplicate to the Manager, Airspace and Rules Division - Room 423, Federal Aviation Administration, 800 Independence Ave., Washington, D.C. 20591. This determination becomes final on June 07, 2010 unless a petition is timely filed. In which case, this determination will not become final pending disposition of the petition. Interested parties will be notified of the grant of any review. For any questions regarding your petition, please contact Office of Airspace and Rules via telephone -- 202-267-8783 - or facsimile 202-267-9328. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and en route procedures for aircraft operating under both visual flight Hiles and instrument flight rules; the impact on all existing and planned public -use airports, military airports and aeronautical facilities; and the cumulative impact resulting from the studied structure when combined with the impact of other existing or proposed structures. The study disclosed that the described structure would have no substantial adverse effect on air navigation. An account of the study findings, aeronautical objections received by the FAA during the study (if any), and the basis for the FAA's decision in this matter can be found on the following page(s). If we can be of further assistance, please contact Michael Blaich, at (404) 305-7081. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2009-WTE-12254-OE. Signature Control No: 668775-125274631 Sheri Edgett-Baron Acting Manager, Obstruction Evaluation Service Attachment(s) Page 2 of 5 (DNH-WT) Additional Information Map(s) Page 3 of 5 Additional information for ASN 2009-WTE-12254-OE The proposed construction would be located approximately 2.75 nautical miles (NM) east of the Iowa City Municipal Airport (IOW). It would exceed the Obstruction Standards of Title 14, Code of Federal Regulations (14 CFR), Part 77 as follows: Section 77.23(a)(2) by 153 feet - a height that exceeds 200 feet above ground level within 2.75 NM as applied to IOW. The proposal was not circularized for public comment because current FAA obstruction evaluation policy exempts from circularization those proposals that exceed the above cited obstruction standard. This is provided the proposal does not lie within an airport traffic pattern. This policy does not affect the public's right to petition for review determinations regarding structures, which exceed the subject obstruction standards. AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed IFR arrival/departure routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR en route routes, operations, or procedures. > The proposed structure would have no effect on any existing or proposed IFR minimum flight altitudes. AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE FOLLOWING: > The proposed structure would have no effect on any existing or proposed VFR arrival or departure routes, operations or procedures. > The proposed structure would not conflict with airspace required to conduct normal VFR traffic pattern operations at any known public use or military airports. > The proposed structure would not penetrate those altitudes normally considered available to airmen for VFR en route flight. > The proposed structure will be appropriately obstruction marked and lighted to make it more conspicuous to airmen flying in VFR weather conditions at night. The cumulative impact of the proposed structure, when combined with other existing structures is not considered significant. Study did not disclose any adverse effect on existing or proposed public -use or military airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned public -use or military airport. Therefore, it is determined that the proposed construction would not have a substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not be a hazard to air navigation. Page 4 of 5 Sectional Map for ASN 2009-WTE-12254-OE 09 500) uc (2 1)� - wv_,02 � - 24 (3 1,2 irk- ,�. Itf90�do PICAYUNE (Pyt) AN f !27 P3 W'I e'st r 1 Eva _ :t ! 05, [--Branch (36ai 1 V l id h IOWA CIjX ijl0w ho, —r S S` 2$1rP75 I 0_Q 7 IR20 Riverside `O –(323)— Page 5 of 5 5 � t74irr�t� U .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