PDD 230431 LDC section 605 airport overlay districts
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Machine transcription of 36m of recording, with speaker names inferred from voice matching. 96% of 166 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
All right, so as we wait for um my item to come up, my item is PDD twenty three zero four three one. On this item you're sitting as the local planning agency. So this is the Um Proposing LDC section, new LDC section 605 airport overlay districts. So I apologize for the strike-through underline. It's all bold and underlined because it's a brand new section. Um, so let's talk about why we're here today. So
there we're here today as you know because we have four airports in Pasco County. We have uh one that is publicly owned, publicly maintained, that is the Zephyrhills Municipal Airport. We have two that are pub publicly um public use airport and privately owned and those are the um Tampa North Aero Park and the Pilot Country Airport and we have a private use private um owned airport, which is the Hidden Lake Airport. So basically Chapter 333 Florida statute,
which um basically stated that all local governments are required to adopt airport zoning regulations that are consistent with that chapter. Um those that had already adopted airport zoning regulations had to modify them so they were consistent with the chapter. And it basically states that you we had to adopt, administer, and enforce airport protection zoning regulations and land use compatibility zoning regulations. Also the comprehensive plan, Chapter 2, and there's goals and policies for airport
protection, and Chapter 7 in the transportation element, and Chapter 2 being the future land use element. So how we got here, because this has definitely been a journey that again started in 2017. The Airport Zoning Commission was put together by the Board of County Commissioners in twenty seventeen and modified in twenty twenty one. In twenty seventeen it consisted of the Tampa North Aero Park, Pilot Country Airport. representative and uh a representative from the Zephyrhills Municipal Airport in 2021. It was modified
to add Hidden Lake Airport.
In 2018, Pasco County adopted, well the Board of County Commissioners adopted interlocal agreements with the city of Zephyrhills and Hernando County for airport zoning regulations. Um there was a comprehensive plan update again to be consistent because we did have the comprehensive plan chapters in 2014 they were adopted, but we had to make sure that it was consistent with the 2016 Chapter 333 Florida statutes. And that was done in 2022. Moving
forward towards airport zoning regulations, a consultant was hired and did noise contour studies and that was adopted by resolution of the board and those noise contour studies are embedded within the ordinance that you're looking at today.
Um in 2022 there was also a moratorium on development around airports and that's really important because that moratorium is set to expire in April, I mean August 15th of this year. During this time, we worked with interested parties. There were land use attorneys, planners, engineers. We also worked with AOPA, who is the Airport Air Owners, Aircraft Owners and Pilots Association. We had the Airport Zoning Commission held workshops. The Airport Zoning Commission held public hearing. And
um there this was this this um proposed amendment was presented to the horizontal round table and interested parties meeting yesterday on June 21st. There will be internal meetings with planning and development departments, so there will be training sessions to discuss implementation. This ordinance will be administered by the Planning and Development Department. And if you take a look at section 60512, it's very important in front uh to talk about this with you because
the this will be appeals will go to the Planning Commission.
So the ordinance in a nutshell basically establishes airport overlay districts. So I'm going to kind of go back and forth between maps looking at this. So the first area is the airport influence area. So in in the maps that are embedded within the ordinance, uh the airport influence area consists of a two-mile area, so it's two miles outside of the center of the runway. And that area area is consistent with part 77 surfaces, so you're gonna look at part 77
surfaces FAA. In the um airport overlay in the in the airport influence area, sorry, which is the two mile area as I explained, what we're gonna be looking at is height. So those are gonna it's gonna look at a height check. You're gonna look at there's a table that basically talks about the structures in that area and Um if you look at six oh five ten, which is how to um to actually review the the ordinance. those items will be sent, the the applicant
will be sending those requests through the FAA, and there's an actual notice tool criteria for notice tool. So as we continue to drill down, the next zone is the airport zone. And the airport zone is the yellow area. And that area is half a mile from the center line of the runway. So that airport, that airport zone, what we're looking at there is land use compatibility with airport operations and structure height. So there is a table that you'll look at. You look at the structure height,
you look at the um the table which is six oh six oh five dash one, um which is airport um I'm gonna show it to you. Airport overlay districts and land use compatibility. So that basically talks to you about the uses and tells you whether they are compatible, which would say yeah, which was a why. AR means that they could be compatible, so as long as you meet this additional review, N N means that they're not compatible.
So that was the airport zone and again that's thirty that's half a mile from the center of the runway. Back to those for a second. Absolutely.
More curiosity. questions. So I'm looking at He uses activities that would be prohibited. What's with bakeries, goods, candies, how does that affect an airport?
Which which section are we talking about? Are we talking about the runway protection zone, the approach surface floor, or the air because we haven't gotten to those two?
Any of those. Okay. I'm just trying to figure out how does a bakery affect an airport one way or another.
So I I think we need to s can I can I go through the areas? Okay, right. Thank you. So I'm gonna go to the next section, which is the approach surface floor, which is the area when a pilot is taking off or landing. That is an area that needs to be protected. Um and to to answer some of the questions. In that approach surface floor, there are many different uses that are considered additional review. And that additional review could be because there that
bakery or that location can have a stormwater pond potentially. It could have things that attract wild wildlife attractants. So those are different things. Um when you look at the chart, it tells you things that you'll look at with additional review is visibility and glare, lighting, electronic interference, wildlife attractance. So those are things that if you look if you see the AR, that's what It doesn't mean that it's not compatible. It means that there could be additional review considered
when that application comes in when the site plan comes in.
Yeah, but what I'm trying to get at, okay, so What are we looking at in the review? And a stormwater pond, every development requires a stormwater pond.
Right. Doesn't matter
whether it's a bakery or a candy shop or whether it's a car dealership it requires a stormwater pond.
Right, I I understand that. So we're not so Mr. Moody, we're not saying that the item is not allowed. We're just basically stating that in the in the I understand.
You're saying that you need additional review, and I'm saying by what criteria? What how are we evaluating this use?
How is this just not arbitrary? What what are the factors in making that decision is the question.
Right. So if you look at the additional review criteria in 605.7, it basically talks to you. And again, I think it I think it makes sense if we want to go through the table together line by line, that would make sense. Because if I I think the the concern is the and and I haven't gotten yet to the runway protection zone. I've only talked to you about the AIA, the AZ, the ASF. We haven't gotten to the runway protection zone. So if you look if you look at the um uh at the criteria, it basically talks
to you about some of these things. So some of like Like a uh if you look at dry stormwater ponds, those are allowed everywhere because it there it's a dry stormwater pond. Um a wet stormwater pond is is a concern because potentially in the the approached surface floor, um but uh you know, th these these are things that we have to make sure that you're not like for example, you in a wet stormwater pond you can use something called bird balls. To not attract wildlife in the the
approached surface floor. And to answer the question regarding the criteria, this was not, this is not actually um arbitrary or capricious because the these these actual tables were put together using um different um air airspace and land use compatibility that have been put together um through the um uh the guideline for the Um federal aviation administration I think it's one of
trying to be argumentative. Right. I'm
trying to understand.
It doesn't matter what I build, I might have a dry stormwater pond, I might have a wet stormwater pond. What I'm trying to figure out is this is a land use.
Yes.
What does bakery goods, candy, cosmetics, what hazards do they create? that are unique to those uses. that affect operations And an airport.
Can I try to help out when you're going to be able to do that? Yes,
thank
you. I appreciate that. Okay. Let's just back up. I think we have to press it. Do I have to press it? Okay, is that good? All right. So this table um that you're looking at here, this actually was based out of Santa Rosa County, which has a very extensive um airport, uh zoning regulation, land use compatibility chapter in their land development code because of all the military installations they have in their county. In addition to the military installations, they actually have a publicly owned public use airport, about the size of we think it's about the size of it's smaller
than Zephyrhills, but but it's kind of sort of like Tampa North Airport. Yeah, yeah. So th this table is taken from their ordinance with some modifications by looking at w actually what we have going on. in Pasco County under that approach surface floor. We actually looked at our zoning maps, we looked at our future land use maps, we looked at aerials of the property appraisers website and so forth to actually see, you know, what is the potential for the actual use of the land in the approach surface floor. Other origin of this table
is there is a federal standard in the FAA rules for the feds, where they actually have a table like this that's probably about 20 pages long. And the reason why you see the categories, because at first I was totally stumped too. I'm like, why are we breaking down this industrial and manufacturing categories in these weird, what appears to be arbitrary, you know. boxes when they're all manufacturing, well In reading the federal guidelines, they're broken down because of the different nature of the byproduct, or
if it has a if it's a certain type of manufacturing that requires a tolerability to actually do that type of work, or it emits steam or glare or smoke or something. So in the federal documents, they have it broken down to some pretty small minutiae, and they also consider in the in that on the table as And in Santa Rosa, is the floor area ratio of the type of manufacturing that these buildings require. And they also look at the amount of employees that these types of different manufacturing industries
require, because the one of the things you don't want to have in your approach surface area is a large assembly of people. Obviously, you don't put churches or schools and so forth in the area. Okay, well that's a good thing. What's the origin of the table if that helps you? Now apparently there may be some things that do still seem arbitrary and there may be something like and you keep pointing to the bakery one, which I know seems kind of Strange, but I would imagine that when someone submits a site plan for creating one of these type of manufacturing uses in that line, there may be absolutely no issues
at all. You know, there may be and then if you actually look at the true reality what's going on in Pasco County under these areas, almost everything is built out except for around section.
I understand that. The opportunity for redevelopment and I'm thinking more over in the Zephyrhills area. Zephyrhills actually has more of that airport actually has more of opportunity for manufacturing and industry. And so in my mind I assemblage of people, especially in the landing zone. I that makes sense to me. I'm just trying to figure out what does lipstick have to do with an airport or Candy I I
get it with birds and retention ponds. Uh just having a And my my particular concern in this case is It says additional review will be required. So And I apologize if I sound overly critical of county staff by saying this, but I deal with this on a daily basis. My clients call to the county, they say, I want to do this, and then somebody says, oh no, no, no, no, no, you can't do this because in this ordinance it says this.
And then what we find out is well they got kind of half the information. And what I'm looking at is what's the standard by what how they're going to be Somebody wants to We've got a little bakery on Main Street. Right neck right there by Derek's office.
What review is that bakery subject to to be near the Zephyrhills?
John, that's not what it says actually. If you read the entire sentence, manufacturing, compounding, processing, packaging, treatment, and distribution of such products as. So it's more than a bakery. It's it's that entire sentence is the manufacturing. So you're looking at the negative aspects that maybe the manufacturing, compounding processing.
Cupcakes and I distribute them to ten stores in the Tampa Bay area. So how are my cupcakes affecting your area?
What? But that's not his question.
What does the packaging of the cupcake have to do with the airport?
I'm not a subject matter expert on the
Okay, but at some point, the reason for the question is that some point somebody's going to come in and they're going to have to be reviewed. So if there's no standard by which to review them, that creates a process which then is arbitrary and or capricious.
Before development can occur in the areas around the airport, in the approach surface area And particularly Prior to the pre application meeting, the airport Operator is to be contacted with a proposal for what they're doing. The airport operators have a lot more expertise on to what type of things would affect safe airport operations
and safe air navigation.
Recourse against a decision made by an airport.
If they're not
making decisions, they're just providing comments.
So therefore
this is the opportunity much like an alternative standard where if there is a harm that's identified that's legitimately a problem under FAA standards. then you can engineer away the problem. And a perfect example of that is what's happening across the street from Tampa North Arrow. There was a discussion had there. Do you have that by any chance? I I don't have not in your PowerPoint?
No,
it's
not in my PowerPoint.
In that situation, we actually met with the future applicants of property in the runway protection zone at that airport. They had initially gone to the airport like our moratorium requires and said, Hey, we're thinking of putting some self-storage in here. What do you think? The owner of the airport said he was okay with that. They came to the county and said, you know, we think we want to do professional office and And we thought, well, it's probably not a good idea having people in buildings twenty, you know, forty hours a week that you talk to the airport. Once the airport learned that they were proposing that, they said, no,
that's not a good idea. That's our that's our RPZ, that's our runway protection zone. So through that conversation and looking at site plans, and once they're what what's the name of the engineer we worked for budget? Yeah, Robert Fudge. Robert Fudge and um Stearns Weaver came in, or the from representatives from Stearns Weaver, Cynthia Spidel and their attorney Jessica Eiserman, and they completely agreed that look, we can redesign our site. That's what the additional review allows for, for a dialogue, a conversation that's going on during the permitting process. They actually then removed
their buildings, put them outside of the runway protection. zone, place their dry detention and their parking lot and street in the actual RPZ, which are allowable uses in the RPZ. And that is only one portion of a very limited number of of areas that are actually around these airports that are unbuilt. The majority of it is already built out.
That's a really good picture there.
I'm thinking about when you take off north. out of Tampa International Airport. You fly over all kinds of warehousing, industrial manufacturing.
Yeah, I think w all they're saying, I think, if I understand it is is that You know, if there's a manufacturing plant that wants to be built in that area, it may whether the whether they're manufacturing bakery goods or a lipstick Um, you know, they need to be considered and they need to there's needs to be You know, for example building height elevations and things like that.
And I don't disagree with that. What I'm trying to get to is Is there a fair process by which These proposals are evaluated.
The way I the way I'm hearing it is well we're gonna go to whoever the airport the operator of the airport, the operator of the airport Well We've got a new one this week and this one doesn't like this business over here.
Mm-hmm.
And the county staff does not have the expertise on staff because these aren't aviation experts.
Does the FAA not have a set of
standards? That's what I'm getting at is we need something where there's a standard and there's a process by which they can
Well they are directly from the FAA, aren't they?
This is actually
circular from the advisory circular of standards. No. Using the FAA advisory circular which is circular one fifty, th it's the sa it's similar standards. And I'm not getting at
the list of the uses. I understand that. What I'm getting at is the process.
The process by which you say yes or no?
How can we engineer away the s you know the problem? How can we, you know, that that's that that's the whole thing that we contemplated because we recognize we don't have experts on staff. So when Denise and I drafted this and we looked at the available resources out there, there aren't A whole lot of bright, fast rules, but there's ways to acknowledge that there might be a harm that should be addressed. And this whole review process takes care takes takes takes place during the regular review process of chapter three hundred. We've made that clear in here. It so so it should not slow down projects,
it's an opportunity for dialogue.
Well we know how long that takes.
So it's basically an opportunity for the airport to give their input.
Yeah, and they should. And they have fifteen days according to this ordinance to do that. So if they don't provide information that this
is
a good idea.
For whatever reason. Then they may have a legitimate reason. Hey, they're gonna have a smokestack that's four hundred feet high that interferes with my that's completely Logical. But the applicant says I disagree and I don't believe this is a hazard to aviation. What recourse do they have in this process?
They're gonna go to the one of the things that they have to do is they have to go to the FAA and get a no hazard to air navigation. So the FAA is gonna say there's no hazard to air navigation. Right. So if you go through the ordinance that states that, so the FAA could say, Well It could be a hazard terror navigation, but because you're putting the specific lighting lighting which is re required under an advisory circular that mitigates that.
So that helps make it more black. Black and white. Right.
We're also trusting and relying upon, you know, the developers, representatives that want to build a good safe product to actually, you know, think about these things. And there are ways to avoid cre I mean it's like instead of it's a migrate example. In in a a a tin roof versus a stucco, you know, or or tile roof, you know, which one's gonna create glare? I mean what what what makes sense, you know?
Yeah, I don't know. Again, I don't disagree with any of these things. That's all I was trying to get to is that we have a process that is fair and consistent.
We have a process and we will be training the team on the process. And those trainings are coming up. I think maybe the first one might be next week.
And I recognize that we're not gonna have, you know, a million applications in the
You're not. Um and we could go over what's what's there or what's already um So for example, because we actually looked at all of these things, something that makes all that's very important also to mention is that the existing uses that are in these areas are not considered non-conforming uses. So in other words, there's a house that is within this area. God forbid the house burns down, it z g gets some damage, whatever the house can be restor replaced, no problem. Okay, so if if you want
to go through the inventory what's in these areas, for example, the most restrictive area which is the runway protection zone and the approach surface floor. So for Hidden Lake, you know you've got the the the college to the southwest. And then you've got a residential area that's built out already. To the northwest, you've got this a Swift Mud-owned property, and then you've got some residential property that's already built out. There's no possibility of anything happening in the runway
protection zone or the approach surface floor, or even really, for the most part, I'm not gonna say 100%, but for the most part, in the area. A Z in the um airport zone. Um if you look at Tampa North Arrow, again to the south, that is the an I-75 um station area uh where you can get off and kind of like, you know, get some soda or whatever. Um And and then to the south, it's set is some areas
of seven oaks, those are already built out. That's already happening, it's there. To the north, we showed you the parcel that is being developed and actually they met each and every single requirement of this ordinance as if it were in place. Um which a portion of the property is in the runway protection zone, and another portion of the property is in the approach surface floor, and another portion of the property is in the AZ. They met all the requirements, and then to the north of that, you've got um Lexington Oak's the um the uh um
the uh what is it called the golf uh area of Lexington Oaks and built out so there's nothing that's gonna happen in the approach surface floor um or the runway protection zone for the most part in Tampa North Arrow.
What's the radius on these two zones by the way?
Sure. So the runway protection zone starts 200 feet from the end edge of the runway and it goes out 1500 feet and the runway um and the and the The approach surface floor, it all depends on the size of the runway, but it goes out till about 2,000 or more feet.
What about the um airport zone and the influence
area? The airport zone is um half a mile from the center of the runway.
Okay. Okay. In the influence area?
Is two miles.
Okay.
Um going to pilot country airport To the south of Pilot Country, as you all know, you've got State Route 52 and then you've got the the Conerton Mitigation Bank. So that's what's happening in that approach surface floor. And then to the north there's actually a pro um Uh an application being reviewed right now, which a lot of people know it as the Fletcher parcel, which is in for a PD, and I believe there will be an MPUD. And from what I've seen they've met some things within this ordinance. But you know, again, there's Um
There's dialogue and discussion. This is the airport that to the north there is potential for development activity. Again, to the north of this one. And then Zephyrhills is another one that has a good amount of potential development activity within the AZ and within the ASF as well.
With the Zephyrhills Airport, we do have an interlocal agreement with the city that's going to be updated as part of this process. There are some things in their actual regulations that are incredibly out of date. They are very happy with this ordinance, so they'd like to incorporate some of this into how they operate. And we've also pointed out in our ordinance here about the two different jurisdictional issues. Going on here so that folks who come to the county recognize that they do need to talk to Zephyrhills
because you know some that Zephyrhills has their own rules that apply to their Part 77 surfaces, which far exceed the city boundaries, and we've actually acknowledged those through interlocal agreement. So we wanted people to be aware also that Zephyrhills has some really great plans for expansion, they've received state funding. They've updated their master plan. They're building a new hangar. So we've actually invested money through EDC into projects there. So there's a lot that potentially could happen out there.
And then one airport that we haven't talked about, which is Brooksville, that is also um the um spoken of in the in the ordinance. So as you can see their conical surface, which is that red surface, that actually falls within Pasco and all we're gonna look at there is height. That's all that is going to be reviewed there.
Denise, while you're on the point, so from a height perspective, and you may discuss what I stepped out, is is that an FAA determination or is that
it's an FAA determination.
So you guys will you guys will not be able to do that.
We'll a we'll ask the folks, hey, you've got to check with FAA. Okay and you do the notice criteria tool, check with FAA.
And there's a link in the ordinance that takes you
to
the website.
Okay, cool.
So um that this is that's my presentation for the item. Um this is going it is a very um we're trying to and I'm also showing the uh the the noise contour maps that were adopted by the board. So explain
the I mean I understand what these represent What's the right-of-way? land use restrictions are associated with I can't.
Sure. So um chapter uh chapter three three three Florida statutes basically states that if you're outside, like in other words, if you're higher than sixty-five DNL. In that area you shouldn't have residential, you shouldn't have a school, for example, unless it's like a pilot school, but those are things that are restricted in uh by state statute. We have a very unique situation in Pasco County that all of these airports are actually airport
communities. So the people, so you purchase into this community because you're a pilot, you have you actually put like a some folks put hangars and different things that are related to aviation. So the those Those 65 DNL, they actually fall within the airport community. So they don't fall within any residential areas. So we were very this is part this is part of the process that I found very interesting because being Elizabeth and I and other folks on staff we
actually went to many of these airports and witnessed the noise and witnessed all these things and we we were very sure that the noise contours were gonna be a lot larger. But when they were put together they were very um they're very compact.
Is that the case for pilot country? Yes. Yes. Okay.
One of the things that you didn't talk about, Denise, is the actual um relationship between that 65 DNL and the yellow oval on the on the overlay. If you are coming to the county, and this is section 605.9, airport noise contours, and it talks specifically about having to put uh restrictions or put language in your deeds and in your leases. Um, that hey, you're coming to an airport, there's noise because the airports do get calls,
they get complaints, the county gets complaints, Zephyrhills gets complaints all the time. Um but We have it our moratorium ordinance that you've got to put folks on notice if you're going to be developing during the moratorium. So the board liked that a lot. We carried that forward. But the only folks that have to worry about doing that extra step as a requirement of of development is if you're inside the yellow to this to the 65 DNL. So that's the purpose of the yellow there.
Okay.
Okay, any other questions?
So I do also want to say that we've met with all but one commissioner individually and just and and gone over this ordinance with that with com with each individual commissioner. We are hoping that so this is gonna go for first reading on the 11th of July at 130 in Dade City and for adoption on 8.8 of this year at 130 in Dade City. Those dates that 8.8 date is very important because our moratorium will expire on 8:15.
So we are asking that you find the proposed ordinance amendment consistent with the Pasco County comprehensive plan and recommend approval to the Board of County Commissioners.
So I am familiar with that. project that's coming in by pilot country and I assume that y'all have met with that applicant and And I know the
Um That applicant has had a pre app pre-application meeting and that applicant has also submitted the plans to the airport zoning uh manager um for pilot country. Okay, cool. And that person has provided comments and there's nothing significant in terms of comments. Okay.
Thank
you.
Okay, is there anyone here for public comment?
I don't see anybody jumping
up.
Mr. Chairman Mariano your question.
Yeah.
Yeah, we have a couple of schools that are um better in those areas. I just wanted to confirm that if we do a remodel or something, as long as we're not As long as we're not taking Um from one story to eight story or something, we don't have an issue.
Right. Yeah. So so basically there is a statement in the actual ordinance that states that things that are existing within any of those zones, the ASF, the AZ, the AIA, those are not considered nonconforming. If you needed to do any remodel or anything, you can work on that. Because had we considered It non-conforming, then you would be limited to the um the percentage of the remodel, or you would be limited to like God forbid that something is more
than fifty percent damaged or destroyed. Right. You couldn't rebuild it. We didn't want that to happen um to those folks that are with were within that area.
Okay,
great. Thank
you.
You're welcome.
Okay. So having Uh no one else to speak. Did I hear emotion? So moved. Second. Motion a second further discussion. Yes sir.
You asked for public comment, right? Yes,
I
did.
It's it's the motion to find the ordinance amendment consistent, correct? Yes.
See. Okay.
Mr Jamie Girardi? Aye. Mr. Derrick Contletts? Aye.
Uh just for the record, Mr. Peel Hansel is absent from the vote. Mr. John Lee? Aye. Mr. Christopher Poole?
Aye.
Mr. Chris Williams?
Aye.
I and just for the record I would like to say Denise and Elizabeth, you did a great job on that.
It's been years, but it it's been starts and stops. But uh yes I do. Can I please um say that I'm super duper grateful to Elizabeth? She has she's been my partner in crime on this. We've I think we probably the the ones that are have been consistent through this process because there have been so many staff changes. and different things. But I also do want to there's so many people to be grateful to and and I'm grateful to them in my heart. But I also want to say that uh Daryl
Johnston with GIS has been absolutely amazing. He's the one who did all those Every time we had any issues with maps, hey, can you fix it? Immediately he would it th this is a standout person, so I just want to make sure that he's
and all the all those different zones are obviously gonna be part of GIS.
Absolutely, yes. So Jeremy who's the um the head of GIS, he's like, Can I do it right now? I'm like, No, no, Jeremy, you have to wait till it is adopted and effective. So don't pull the trick.
I really do like the nosing requirements too. That's really really good stuff that's that's in there. So Good job.
Thank you. Thank you. Good job, you
Okay.