AGENDA CAPTION:
Title
Receive a staff presentation on the draft proposed airport zoning ordinance, developed in accordance with the Airport Zoning Act, and the role of Planning and Zoning as appointed by City Council as the Airport Zoning Commission.
Body
Meeting date: August 22, 2023
Department: Engineering and Capital Improvements
Amount & Source of Funding
Funds Required: N/A
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Fiscal Note:
Prior Council Action: Ord. 2023-43. Appointment of Airport Zoning Commission
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☒ Economic Development - Promote & Support Potential of San Marcos Regional Airport
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Airport Master Plan
Background Information:
In February 2022 City Council approved city staff to move forward with the creation of an airport zoning ordinance to a) protect the airport from navigation hazards via height hazard zoning, and b) develop a compatible land use regulation to prevent future incompatible land uses in defined areas around the airport.
An airport zoning ordinance is required to maintain access to grant funds from the Federal Aviation Administration (FAA), and due to increasing development pressures around the airport, protect the airport from incompatible development and protect surrounding areas from the airport.
Per the Airport Zoning Act (Chapter 241 of the Local Government Code), before an airport zoning regulation be adopted either a joint zoning board or an airport zoning commission be appointed. Additionally, where an existing planning and zoning commission exists, they may be designated as the airport zoning commission. City council appointed Planning and Zoning as the airport zoning commission in July 2023 (Ord. 2023-43).
It is the role of the airport zoning commission to hold a public hearing, preparing a preliminary report and ultimately recommending the zoning boundaries, before adoption by city council.
The presentation of this item provides the background to airport zoning, its need, and the process of how it was developed. The ordinance was developed in conjunction with the city’s airport master plan consultant, Garver, to ensure it meets the requirements of the Airport Zoning Act. In summary, the ordinance consists of:
• Requirements to regulate heights of structures (natural or built) that could cause a hazard to navigation.
o Height limitations are determined by the 14 CFR Part 77.19.
o The ordinance defines how the FAA is required to review proposed developments if they meet certain requirements as defined in the ordinance.
• Requirements to regulate land uses in the vicinity of the airport and approach zones to the runways. The purpose is to avoid having sensitive land uses within the immediate vicinity of the airport and runways.
o Other similar airports were benchmarked/compared to support the establishment of zones around the airport.
o Compatible land uses are described for each zone.
• Requirements to ensure no visual impairments to pilots.
The city’s Code of Ordinances chapter 10 - Aviation would be updated with the addition of Article 3 to cover the airport zoning ordinance. Cross references will be made to Land Development Code as appropriate.
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