Airport Overlay Zoning Cody FussellBarnard Dunkelberg - PowerPoint PPT Presentation

Title: Airport Overlay Zoning Cody FussellBarnard Dunkelberg


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Airport Overlay ZoningCody FussellBarnard
Dunkelberg Company, TULSA, OK

• CAOA Conference June 2009

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Airport Overlay Zoning Presentation Agenda

• Background
• Zoning Authority
• State Enabling Legislation
• Implementation Process/Administration
• Project Example Alternatives
• Resource Material

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Zoning Definition

• A police power available to states by the U.S.
  Constitution and delegated by state enabling
  legislation to local governments for the
  regulation of development activities for the
  protection of public health, safety, and general
  welfare of the citizenry.
• Codified in C.R.S. 30-28-103 et. seq.
• Codified in C.R.S. 31-23-202 et. seq.
• Codified in C.R.S. 29-20-101 et. seq. (1034
  powers)

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Zoning Authority

• Local governments (City, County, and/or
  combinations thereof) are responsible for
  ensuring compatible land use and appropriate
  zoning requirements on, and around airports
  within their jurisdiction.
• The FAA has no statutory or regulatory authority
  for controlling land uses within the airport
  environs, but does have some leverage with regard
  to grant assurances in conjunction with federal
  funding participation for eligible airport
  projects.
• The FAA does have regulatory authority for
  on-airport development and within the surrounding
  navigable airspace. It also has comment
  authority regarding the height of objects in the
  vicinity of airports, as well as
  aircraft-generated noise and other environmental
  issues associated with the development and
  operation of airports.

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FAA Grant Assurances

• Hazard Removal and Mitigation (20). Assure
  clearance of the terminal airspace from existing
  and/or future airport hazards to navigation.
• Compatible Land Use (21). Restrict the use of
  land in the vicinity of the airport to activities
  and uses compatible with airport operations.

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Representative Zoning/Jurisdictional Map

• Zoning

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Colorado State Enabling Legislation (1041
Powers Areas and Activities of State Interest)

• Provides local governments increased authority to
  adopt regulations controlling specific types of
  development and activity associated with Areas
  and Activities of Statewide Interest (e.g.,
  areas around existing airports and the site
  selection of new airports).
• Codified in C.R.S. 24-65.1-101 et. seq. (1041
  powers)

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Implementation of 1041 Powers

• Cities and Counties can designate Areas and/or
  Activities of State Interest only within their
  jurisdiction.
• Following designation, the local city or county
  government must establish development guidelines
  consistent with the minimum standards specified
  by the 1041 powers. (at the discretion of the
  local jurisdiction, these guidelines can be more
  restrictive than the minimum standards).

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Criteria for Administration of Areas and
Activities of State Interest Around Airports

• Encourage land use patterns for housing and other
  local government needs that will separate
  uncontrollable noise sources from residential and
  other noise-sensitive areas.
• Avoid danger to public safety and health or to
  property due to aircraft crashes.
• Airports shall be located or expanded in a manner
  which will minimize disruption to the environment
  of existing communities, minimize the impact on
  existing community services, and complement the
  economic and transportation needs of the state
  and the area.

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Intergovernmental Agreements (IGAs)

• Local governmental entities are authorized and
  encouraged to cooperate or contract with other
  units of government for the purposes of planning
  and/or regulating the development of land (e.g.,
  planning, zoning, subdivision, building, and
  related regulations).
• Codified in C.R.S. 29-1-201 et. seq.
• Codified in C.R.S. 29-20-105 and 107

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Airport Overlay Zoning Methods

• Height Hazard Overlay Zoning (Safety Component)
• Promotes safety for aircraft operators and
  passengers.
• Land Use Overlay Zoning (Environmental and Safety
  Component)
• Promotes safety and compatibility for people
  within the airport environs.

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Height Hazard Overlay Zoning

• Defines a system of Part 77 imaginary surfaces
  used to protect the critical airspace surrounding
  the airport from the establishment of
  obstructions that could be hazardous to the
  operation of aircraft.
• Created through the adoption of a Height Hazard
  Zoning Ordinance and Map
• Model Ordinance is available from the FAA and the
  map is a derivative of the Airport Airspace
  Drawings (Plan Profile) that are generated for
  the Airport Layout Plan Drawing Set.
• Administered and enforced through the City and/or
  County Planning Departments. Requires a Part 77
  obstruction evaluation for proposed structures in
  the vicinity of the airport (within 10,000 or
  20,000 feet of the runway), and may require an
  FAA evaluation (using FAA Form 7460-1) for a
  hazard determination.

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Height Zoning Map

• Height Hazard Overlay Zoning

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Height Limitation Map

• Height Hazard Overlay Zoning

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Land Use Overlay Zoning

• Noise Exposure (Environmental Component)
• Existing and/or future noise contour mapping.
• Identification of threshold noise contour for
  land use compatibility.
• Airport Impact Zones (Safety Component)
• Boundary designation for prohibiting or
  restricting non-compatible land uses and/or
  concentrations of people (e.g., residential
  properties, schools, churches, hospitals, nursing
  homes, etc.)

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DNL Noise Contours

• Noise Exposure

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Noise Compatibility Guidelines
Table referenced from the DRCOG Airport
Compatible Land Use Design Handbook (1998).
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Airport Impact Zones (Reference Documents)

• State of California DOT Division of Aeronautics,
  California Airport Land Use Planning Handbook,
  January/2002
• Denver Regional Council of Governments (DRCOG),
  Airport Compatible Land Use Design Handbook,
  May/1998
• Department of Defense (DOD), 32 CFR Part 256, Air
  Installation Compatible Use Zones (AICUZs),
  December/2005
• Colorado Land Use Commission, HB 1041, Model Land
  Use Regulations, September/1976

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Airport Impact Zones/Option 1

• CA Safety Zones

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Airport Impact Zones/Option 2

• DRCOG Safety Zones

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Airport Impact Zones/Option 3

• DOD Accident Potential Zone (APZ)

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Airport Impact Zones/Option 4

• Colorado HB 1041 Safety Zones

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Land Use Compatibility Guidelines
Table referenced from the DRCOG Airport
Compatible Land Use Design Handbook (1998).
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Takings Issue

• Regulatory Takings. These claims generally occur
  in response to regulations involving permitted
  land uses, development densities and heights,
  setbacks, or other development criteria.
• Reasonable Economic Use of Property Typically,
  existing property values are assessed and
  compared to a future property value with the
  regulation applied. The fact that a future
  overlay zoning restriction would reduce the
  properties value does not itself result in a
  legal taking. A regulation prohibiting the
  construction of a permanent structure for
  commercial or residential purposes can be ruled
  as a taking.
• Reasonable, Investment-Backed Expectations 1)
  legal use of property at the time of investment,
  2) landowner constructed the project with all
  required permits, 3) regulations prohibiting the
  project did not exist at the time of the property
  acquisition or when the project was constructed.

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Takings Issue

• Exaction Takings. These claims generally occur
  in response to regulations requiring that land be
  dedicated or money be paid to the local
  jurisdiction as a condition of development.
• Must be a reasonable relationship between the
  required land dedication or cash payment and the
  actual impact created by the project.
• Example Granting of Avigation Easements as a
  condition of subdivision plat approval or receipt
  of building permit.

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Other Related Issues

• Non-Conforming Land Uses
• Avigation Easements
• Real Estate Disclosures
• Property Rights Vesting
• Interim Conditional Use Permits
• Transfer or Purchase of Development Rights
  Density Transfers
• Developer Incentives Agreements

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Airport Overlay Zoning (Reference Documents)

• Transportation Research Board/Airport Cooperative
  Research Program, Legal Research Digest
  5/Responsibility for Implementation and
  Enforcement of Airport Land-Use Zoning
  Restrictions, March 2009
• State of California DOT Division of Aeronautics,
  California Airport Land Use Planning Handbook,
  January/2002
• Washington State Department of Transportation
  (WSDOT), Airports and Compatible Land Use Update,
  February/1999 (Currently under revision)
• FAA Airports Division Southern Region, Land Use
  Compatibility and Airports, September/1999

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Questions Comments
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Thank You!