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HomeMy WebLinkAboutCity/County Planning Board Minutes 04.04.2002DRAFT MINUTES LAUREL CITY:COUNTY PLANNING BOARD April 4, 2002 7:00 pm Council Chambers MEMBERS PRESENT: OTHERS PRESENT: Gerald Shay, Chairman Doug Poehls, City Rep. Ed Thumer, City Rep. Kate Stevenson, City Rep. ~ Ziggy Ziegler, County Rep. Kurt Baitrusch, County Rep. Clarence Foos, County Rep. Tom Robertus, County Rep. Betty Hart, County Rep. Laurel Haggart, City Rep. Cai Cumin, City Planner Cheryll Lund, Secretary The minutes of the March 7, 2002 meeting were approved as sent out. PUBLIC HEARING - PROPOSED REVISIONS TO AIRPORT ZONING Cal explained the proposed revisions to the Airport Zoning. When the airport runway was expanded the Airport Authority contacted the Planning Board and asked them to review the ordinances and make any necessary changes to bring them up to speed. The major change has been to the Airport Zoning map expanding the area of influence to reflect the new extended runway. The area covered by this is basically one mile on each side and 10,000 feet from the end of each runway. The term Airport Flight Pattern area has been changed to Flight Pattern Airport Hazard Area. The reference to the noise designations in the existing ordinance was dropped because they do not apply and are not used in Montana~ The existing City of Laurel Board of Adjustments will be used for appeals ±hr this zoning ordinance. They will be designated as the Board of Airport Hazards Adjustment when dealing with airport hazard issues. All other changes were cosmetic. The existing Airport zoning ordinances require that each new residential dwelling go through the City of Laurel Public Works office to apply for an air navigation easement permit. That has not been enforced in the past, but will be after the ordinance changes. Questions from the audience included: 1. Why wasn't this done at the time the airport runway was expanded? Cal explained that there was no reason to change it until the runway was expanded. 2. What type of height restrictions will be enforced? The height restriction is one foot rise per 20 feet of horizontal distance. 3. Will plant'mg of new trees be prohibited? No, except for the height restriction that applies to everything. The height restriction of 50 feet will be in effect, so anything under that restriction can be planted. 4. Will these new restrictions be imposed on existing residences that are in violation? Existing residences are grandfathered in. Only new construction will be effected. 5. What will the permit fee be? At this time the fee has not been set. 6. Who is on the existing Board of Adjustments? The board members were named. 7. Will these recommendations include agricultural areas? Only non-agricultural uses are affected. 8. What is the height limit requirement for trees and buildings? One foot vertical for every 20 feet horizontal. 9. Once a permit for a dwelling is applied for does the City then come out and do inspections on the new dwelling like it does within the city limits? No. 10: Is the purpose of the permit fee to raise money for the Airport Authority? No. It is to cover the cost of administering the program. 11. What are the circumstances if the property owner does not apply for air navigation easement permit? This will constitute a zoning violation and the property owner can be prosecuted accordingly. 12. Who pays for the information that the City requires the homeowner to submit for the application? The homeowner has to provide plans at his own expense. 13. What happens when an existing home changes ownership? The home is under the grandfather clause. 14. Is the Airport Authority considering changing some of the flight plans so that pilotYs don't fly over the residential areas? No answer on this one from the Planning Board. The Airport Authority will have to answer the question. 15. Will them be changes made to the proposed revisions now that Cai has received some input from this public hearing? Yes, Cal will add some provisions that were discussed tonight. Those will go to the City Com~cil. 16. Will there be another public hearing? Yes, the City Council will hold a public hearing before mal(ing a final decision. The public hearing was closed at 7:30 pm. The Board discussed the proposed ordinances. Questions included whether or not this is a prelude to the airport requesting annexation and why has the noise par~ of the ordinance has been deleted. A~ter discussion, a motion was made by Ed Thurner, and seconded by Ziggy Ziegler to recommend that the proposed changes to the Airport Zoning, (see attached), go to the City Council with a recommendation of approval. Motion carried with an 8-1 vote (Foos voted no). PROPOSED ENTRYWAY ZONING ORDINANCE The proposed ordinance was discussed. There wii1 be a public hearing on the ordinance before it is sent to the City Council for their review and approval. MISCELLANEOUS BUSINESS Cal informed the board that a letter was sent to the Montana Department of Transportation regarding the proposed widening of the road between Red Lodge and Laurel. (See attached) There was a request made by the MDT for suggestions on the project. It appears that the suggestions made to the MDT fell on deaf ears and they are not taking them into consideration. Bud Johnson suggested that if anyone on the Planning Board would like to pursue this issue he would be happy to give them the information he has regarding this project. The meeting was adjourned at 8:00 pm. Respectfully submitted, Cheryll Lurid, Secretary Chapter 17.28 AIRPORT ZONING (Proposed Revision) March 7, 2002 Plarming Board, March 18, 2002 Airport Authority April 4, 2002 Public Hearing (Plarming Board) The changes herein reflect a change of name to the Flight Pattern Area ('becomes Flight Pattern/Airport Hazard Area); drops reference to Ldn's which aren't used in Montana; and designates the existing Board of Adjustment as the Board of Airport Iarazard Adjustment when dealing with airport issues. Other changes are cosmetic. The Airport Zoning Map has also been changed to reflect the expanded runway. Sections: 17.28.010 17.28.020 17.28.030 17.28.040 17.28.050 17.28.060 17.28.070 17.28.080 17.28.090 17.28.100 17.28.110 17.28.120 Intent. Definitions. Zoning commission-Duties. Administration. Applicability. Districts created. Airport Zoning Map. Use restrictions. Height limitations. Permit required. Variances. Nonconforming uses. 17.28.010 Intent. Specifically, these criteria and guidelines are designed to preserve existing and establish new compatible land uses around airports, to allow land use not associated with high population concentration, to minimize exposure of residential uses to critical aircraft noise areas, to avoid danger from aircraft crashes, and to regulate the area around the airport to minimize danger to public health, safety, or property from the operation of the airport; to prevent obstruction to air navigation, and to aid in realizing the goals and policies of the city comprehensive plan and the Laurel airport master plan. These guidelines will consider among other things: The safety of the airport users and persons and property in the vicinity of the airport; The character of the flying operations conducted or expected to be conducted at the airport; C. flying; D. E. F. The magnitude and duration of noise produced by aircraft and the number of aircraft The nature of the terrain; The fature development of the airport; and The views and mandates of the federal agency charged with the fostering of civil aeronautics as to the aerial surfaces necessary for safe flying operations. 17.28.020 Definitions. For the purpose of this chapter Certain words and terms used herein are defined in this chapter. Airport area of influence means an area encompassing the flight pattern of the Laurel Airport. Airport elevation is recorded and accepted as three thousand five hundred fifteen feet above mean sea level (MSL). Airport property boundary means the area presently owned or leased by the city for use in the daily operation of the airport. "Proposed airport property boundary" means the area presently owned or leased by the city for use in the daily operation of the airport. "Proposed airport property boundary" refers to any areas to be acquired by the city for future development and protection of the city for future development and protection of the facility. Federal Aviation Regulation (FAR) 77 means those regulations which delineate imaginary surfaces as designated by the Federal Aviation Administration (FAA) to control the height of objects, both natural and manmade, which may affect navigable airspace around the airport. Flight Pattern/Airport Hazard Area means an area extending out from the end of Runway 4/22 a distance of 10,000 feet and also an area parallel and extending out from both sides Runway 4/22 a distance of one mile as shown on the Laurel Airport Zoning Map. Primary surface and primary surface control zone means a surface located longitudinally on a runway and extending two hundred feet beyond each end of the runway. The primary surface control zone extends two hundred fifty feet southeast of the centerline of Runway 4/22; one thousand feet northwest of the centerline of Runway 4/22; two hundred fifty feet on each side of Runway 14/32 southeast of the intersection with Runway 4/22; and one thousand feet on either side of Runway 14/32 northwest of the intersection with Runway 4/22. The primary surface control zone includes the primary surface, a surface longitudinally centered on each runway and extending two hundred feet beyond each end of a runway. The primary surface is five hundred feet wide for Runway 4/22 and two hundred fifty feet for Runway 14/32. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. Runway layout means the orientation of the runways based on magnetic north. Proposed runway layout includes future extensions on existing runways and new runways not yet constructed. Structure means an object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines. Tree means any object of natural growth. 17.28.030 Zoning commission-Duties. The city-county planning board shall act as the airport zoning commission whose duty it shall be to recommend the boundaries of the various original districts, appropriate regulations to be 2 enforced therein, and to propose or review amendments or changes in either the boundaries or regulations as applicable. 17.28.040 Administration. The regulations shall be administered by the city-county planning board xvhich shall have the authority, after consultation with the Airport Authority, to approve or disapprove proposed uses within the Flight Pattern/Airport Hazard Area. 17.28.050 Applicability. These regulations will affect the property which lies outside of the airport boundary but inside of the airport area of influence. 17.28.060 District created. In order to carry out the intent of these regulations, the Laurel airport area of influence is hereby described as Flight Pattern/Airport Hazard Area. 17.28.070 Airport Zoning Map. The boundaries of the airport zones are shown on the Laurel Airport Zoning Map which is filed with the City Clerk and County Clerk and Recorder. That map, along with all official amendments thereto, is hereby made a part of these regulations. 17.28.080 Use restrictions. Notwithstanding any other provisions of these regulations, no use may be made of land or water within any district established by this regulation 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 the airport lights and other lights, result in glare in the eyes of the pilots using the airport, impair visibility in the vicinity of the airport or otherwise in any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft intended to use the airport. 17.28.090 Height limitations. In order to carry out the intent of these regulations, there are established imaginary surfaces for the purpose of limiting height. An area located in more than one of the following zones is limited by the more restrictive zone. No structure or tree shall be erected, altered, allowed to grow, or be maintained above the following imaginary surfaces: A. Utility Runway Visual Approach Zone: slopes upward twenty feet horizontally for each foot vertically, beginning at the end of and at the same elevation and width as the primary surface and extending to a horizontal distance of five thousand feet along the extended runway centerline, with a lateral width of one thousand two hundred fifty feet. B. Utility Runway Nonprecision Instrument Approach Zone: slopes upward twenty feet horizontally for each foot vertically beginning at the end of and at the same elevation and width as the prin~ary surface and extending to a horizontal distance of five thousand feet along the extended runway centerline, with a lateral width of two thousand feet. C. Transitional Zone: slopes upward seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation and width as the primary surface and the approach zones, and extending to a height of one hundred and fifty feet above the airport elevation. 3 In addition to the foregoing, there are established height limits sloping upward and outward seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the approach zones, and extending to where they intersect with the cortical surface. D. Horizontal Zone: a horizontal plane one hundred fifty feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of five thousand feet from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. E. Conical Zone: slopes upward and outward twenty feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and extending to a height of three hundred fifty feet above the airport elevation. 17.28.100 Permit Required. A. As shown on Table 17.28.190, new, non-agricultural land uses within the Flight Pattern/Airport Hazard Area require a Flight Pattem/Airport Hazard Use Permit. No new, non- agricultural land use shall be created or erected without such permit. All existing land uses and structures in the flight pattern area at the time of adoption of the ordinance codified in this section shall be considered as grandfathered, nonconforming uses until such uses have been found in compliance with this section. B. Three copies of an application along with the required review fee shall be filed with the city and shall consist, at a minimum, of the following information: 1. A legal and general d~scription of the tract or tracts upon which the permit is sought. 2. A map showing the dimensions, acreage and sites of the tract(s) and adjacent land uses; 3. The names, addresses and telephone numbers of the owner(s) of the tract(s) and their agents, if any; 4. A site plan showing major details of the proposed non-agricultural use including but not limited to: proposed and existing buildings and structures; heights of structures; means of ingress and egress; landscaping; and proposed construction materials; 5. A time schedule for development; 6. An executed perpetual air rights easement, in a form satisfactory to the city, granting to the city, for the benefit of the public, perpetual air rights-of-way for the free and unobstructed navigation and passage of all types of aircraft in and through the air space above the real property involved; and 7. Any other information the applicant believes will support the request or that the city may require. C. Review of the Flight Pattern/Airport Hazard Area Use Permit by the Planning Director. I. The application for Flight Pattern/Airport Hazard Area Use Permit shall be reviewed by the Planning Director or other representative authorized by the City for appropriateness and effect on the ordinance codified in this section, existing and proposed airport plans, compatibility of surrounding land uses and relationship to the Laurel Growth Management Plan and FAR Part 150, Noise Compatibility Progrmn. 4 2. The planning director shall provide one copy of the application to the Laurel airport authority for review. 3. If the application is properly prepared and complete as specified in subsection B of this section, the planning director shall have ten working day's to review the application and, if in compliance with the intent of the ordinance codified in this section, issue a Flight Pattern/Airport Hazard Area Use Permit which shall consist of returning a copy of the Permit Application signed by the City representative to the applicant. 17.28.110 Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property not in accordance with these regulations may apply to the Board of Adjustment (hereby designated--when reviewing issues concerning the airport-- the Board of Airport Hazard Adjustment). Such variance shall be allowed where a literal application or enforcement of these regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary the public interest but do substantial justice and be in accordance with the spirit of these regulations and of the enabling statute. 17.28.120 Nonconforming uses. A. Regulations Not Retroactive. These regulations shall not be construed to require the removal, lowering or other changes or alterations of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified in this chapter. Nothing herein contained shall require any change in construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of these regulations, and is diligently prosecuted to completion. B. Nonconforming Uses Abandoned or Destroyed. Whenever the city determines that a nonconforming structure or tree has been abandoned or more than eighty percent tom down, destroyed, deteriorated or decayed, no approval shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from these regulations. C. Hazard Marking and Lighting. Notwithstanding subsection A above, the owner of any nonconforming structure or tree is required to permit the city, at its own expense, to install, operate, and maintain thereon such markers and lights as the Airport Authority may deem necessary to indicate to airmen the presence of airport hazards; provided, that the city does not by talcing such action waive any right to exercise eminent domain or abate as a nuisance any such nonconforming structure. Table 17.28.190 Land Use Category Within Flight Pattern/ Airport Hazard Area Condition Residential uses inside the municipal boundaries of the City of Laurel Penmit Required Residential uses outside the municipal boundaries of the City of Laurel Permit Required Commercial uses inside the Laurel Airport property boundary Allowed Commercial uses outside the Laurel Airport property boundary Special Review Public uses Allowed Agricultural uses Allowed Note: A location covered by more than one zoning district shall be limited to the more restrictive ZOne. Airport Zoning 0rdinan¢¢.doc