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HomeMy WebLinkAbout4111 OrdinanceORDINANCE NO.141[/ AN ORDINANCE RELATING TO ZONING AND AMENDING PMC TITLE 25 BY REPEALING CHAPTER 25.82 AND CREATING A NEW CHAPTER 25.81 DEALING WITH AIRPORT PROTECTION ZONES AND RELATED PROVISIONS. WHEREAS, cities have the responsibility to manage physical development within their borders and to ensure public health, safety and welfare are maintained; and, WHEREAS, the Tri- Cities Airport is located within the City of Pasco; and, WHEREAS, the updated (2012) Tri- Cities Airport Master Plan identifies airport improvements necessary to accommodate an increasing population base and travel demands for the Tri-City region; and, WHEREAS, the Tri- Cities Airport Master Plan includes a 1,200 foot extension to runway 12 to the northwest which will impact land use and development to the northwest of the airport; and, WHEREAS, State planning and airport laws (RCW 36.70.547 & RCW 14.12.030) require communities with airports to develop regulations that limit structure heights and control land uses adjacent to airports; and, WHEREAS, the Planning Commission held a public meeting on April 25, 2013 and to consider development regulations for areas surrounding the airport and made a recommendation that the City Council amend PMC Title 25 by repealing Chapter 25.82 "Airport Zoning" and replacing the same with a new Chapter 25.81 "Airport Overlay District "; and, WHEREAS, the City Council has determined that to further the purposes of maintaining the integrity of the Tri-City Airport, it is necessary to amend PMC Title 25; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Chapter 25.82 entitled "AIRPORT ZONING" of the Pasco Municipal Code be and the same is hereby repealed in its entirety: Section 2. That a new Chapter 25.81 entitled "AIRPORT OVERLAY DISTRICT" of the Pasco Municipal Code be and the same is hereby enacted to read as follows: 1 CHAPTER 25.81 AIRPORT OVERLAY DISTRICT 25.81.010 PURPOSE 25.81.020 AIRPORT OVERLAY DISTRICT 25.81.030 AUTHORITY 25.81.040 APPLICABILITY 25.81.050 DEFINITIONS 25.81.060 HEIGHT LIMITATION ZONES 25.81.070 HEIGHT LIMITATIONS 25.81.080 USE RESTRICTIONS 25.81.090 AIRPORT SAFETY COMPATIBILITY ZONES 25.81.100 GENERAL REVIEW PROCEDURES 25.81.110 DISCLOSURE 25.81.010 PURPOSE. The purpose of the Airport Overlay District is to protect the viability of the Tri- Cities Airport as a significant resource to the community by encouraging compatible land uses, densities and reducing hazards that may endanger the lives and property of the public and aviation users. 25.81.020. AIRPORT OVERLAY DISTRICT. There is hereby created an airport overlay district as identified in the map made a part hereof and labeled Tri- Cities Airport Future Part 77 Zones Map and the Airport Safety Compatibility Zones map, as established by the current Tri- Cities Airport Master Plan. All lands lying within the zones therein shown within the city limits of Pasco are subjected to the building and use restrictions within this chapter. This chapter shall be used in addition to and in combination with all other district and development regulations contained in this title. The Airport Authority shall be responsible for providing updated maps to the City coincident with 10 year updates to the Airport Master Plan. The Airport Overlay District classification identifies a series of imaginary surfaces and safety zones within the airport influence area that has historically been prone to hazards associated with aircraft and airports. This chapter is based on aircraft accident data from the National Transportation Safety Board (NTSB) and the Federal Aviation Regulations (FAR) Part 77 Imaginary Surfaces and the "Airports and Compatibility Land Use Guidebook" produced by the Washington State Department of Transportation Aviation Division. As the name implies, this classification is laid over the existing City of Pasco zoning districts to ensure that densities and land use requirements of the underlying zoning districts are consistent with the NTSB standards and provide for maximum protection to the public, health, safety and general welfare of the community and for those citizens working and residing within the airport influence area. 25.81.030. AUTHORITY. The legislature of the State of Washington through RCW 14.12 the "Airport Zoning Act" has given authority to local governments to adopt regulations within its jurisdiction to promote the public health, safety, and general welfare of its citizenry regarding airport hazards. RCW 36.70.547 requires every county, city, and town in which there is located an airport to discourage the siting of incompatible uses adjacent to such aviation airport. 2 25.81.040. APPLICABILITY. The provisions of this chapter shall apply to all lands, buildings, structures, natural features or uses located within those areas that are defined by the Airport Overlay District and designated on the Tri- Cities Airport Part 77 Surfaces map which identifies areas of height limitations and the Airport Safety Compatibility Zones (ASCZ) map. 25.81.050. DEFINITIONS. The following terms shall have the meanings indicated, specific to this chapter only: AIRPORT AUTHORITY: means the Port of Pasco AIRPORT: The Tri- Cities Airport operated by the Port of Pasco including all property designated in the Tri-City Airport Master Plan as part of the airport. AIRPORT ELEVATION: The highest point of an airport's useable landing area measured in feet from sea level. The Tri- Cities Airport is four hundred ten feet (410') above mean sea level. AIRPORT INFLUENCE AREA: Includes airport property and all land within the Airport Safety Compatibility Zones I through 6 as described in PMC 25.81.090 and depicted in the Airport Safety Zones map adopted by PMC 25.81.020. APPROACH SURFACE: An imaginary surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Chapter 25.81.060. The perimeter of the approach surface coincides with the perimeter of the approach zone. CONICAL SURFACE: An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand feet (4,000'). DEED NOTICE: A formal statement provided in 25.8 1.110 as a note on the face of a short plat, major subdivision or binding site plan or recorded against the property notifying potential property owners that the property is located adjacent to an active airport and said property may be impacted by aircraft noise, odors, vibration, and low flying aircraft. FAA FORM 7460 -1, NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION: A form which the Federal Aviation Administration requires to be completed by anyone who is proposing to construct or alter an object that could affect airspace within the airport influence-area and allows the FAA to conduct an airspace analysis to determine whether the object will adversely affect airspace or navigational aids. FAR PART 77 SURFACES: The Part of 49 CFR of the Federal Aviation Regulations that deals with objects affecting navigable airspace. 3 FAR PART 77 ZONES: Imaginary airspace surfaces established with relation to each runway of an airport. There are five types of surfaces: (1) primary; (2) approach; (3) transitional; (4) horizontal; and (5) conical. t Approach ion Approach } HAZARD TO AIR NAVIGATION: An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace. HEIGHT: For the purpose of determining the height limits in all zones and as shown on the Tri- Cities Airport Future Part 77 Zones map, this datum shall be height above mean sea level elevation unless otherwise specified. HORIZONTAL SURFACE: A horizontal plane one hundred fifty feet (150') above the established airport elevation, the perimeter of which plane coincides with the inner perimeter of the conical surface. This is five hundred sixty feet (560') above mean sea level for the Tri- Cities Airport. INFILL: Development on scattered vacant parcels of land which have remained vacant after the majority of development has occurred in an area. M OBSTRUCTION: Any object of natural growth, terrain, of permanent or temporary construction or alteration, including equipment or materials used therein which exceeds a limiting height set forth in Section 25.81.070. OBJECT OF NATURAL GROWTH: Means a tree, shrub or similar organic or vegetative matter. PRECISION APPROACH: A landing approach made without visual reference to the ground by the use of aircraft instruments and ground -based electronic or communications systems or devices. An aircraft making such an approach should be flying in accordance with an IFR (instrument flight rules) flight plan. PRIMARY SURFACE: A surface longitudinally centered on a runway with a width of one thousand feet (1,000') for instrument approaches and five- hundred feet (500') for visual approaches. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet beyond each end of the runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The elevation of the Primary Surface at the Tri- Cities airport is four hundred ten feet (410') above mean sea level. RUNWAY: A defined area on an airport prepared for landing and take -off of aircraft along its length. TRANSITIONAL SURFACES: These imaginary surfaces extend outward at ninety - degree angles to the runway centerline, and runway centerline extended, at a slope of seven feet (7') horizontally for each foot vertically (7:1) from the sides of the primary and approach surfaces to where they intersect with the horizontal and conical surfaces. VISUAL RUNWAY: A runway intended solely for the operation of aircraft using visual approach procedures, with no straight -in instrument approach procedure and no instrument designation indicated on an FAA - approved airport layout plan. 25.81.060 HEIGHT LIMITATION ZONES. The height limitation zones are hereby established, consistent with the FAR Part 77 Surfaces — Objects Affecting Navigable Airspace, and are described below. (1) PRECISION INSTRUMENT APPROACH ZONE. Includes Runways 3L, 21R, 30. A precision instrument approach zone is established at each end of a precision instrument runway for instrument landings and takeoffs. The precision instrument approach zones shall have a width of one thousand feet (1,000') at a distance of two hundred feet (200') beyond each end of the runway, coinciding with the Primary Surface, widening thereafter uniformly to a width of sixteen thousand feet (16,000') at a distance of fifty thousand two hundred feet (50,200') beyond each end of the runway, its centerline being the continuation of the centerline of the runway. (2) NON - PRECISION INSTRUMENT APPROACH ZONE. Includes Runway 12. A Non - Precision instrument approach zone is established at each end of a Non - Precision instrument runway for improved landings and takeoffs. The non - precision instrument approach zones shall have a width of five hundred feet (500') at a distance of two hundred feet (200') 5 beyond each end of the runway, thereafter widening uniformly to a width of three thousand five hundred feet (3,500') at a distance of ten thousand two - hundred feet (10,200') beyond each end of the runway, it's centerline being the continuation of the centerline of the runway. (3) VISUAL APPROACH ZONE. Includes Runways 3R and 21L. A visual approach zone is established at each end of all visual runways for landings and takeoffs. The visual approach zones shall have a width of five hundred feet (500') at a distance of two hundred feet (200') beyond each end of the runway, widening thereafter uniformly to a width of one thousand five hundred (1,500) feet at a distance of five thousand two hundred feet (5,200') beyond each end of the runway, its centerline being the continuation of the centerline of the runway. (4) TRANSITION ZONES. Transition zones are hereby established adjacent to each instrument and non - instrument runway and approach zone as indicated on the Tri- Cities Airport Future Part 77 Zones map. Transition zones symmetrically located on either side of runways have variable widths as shown on the map. Transition zones extend outward from a line two hundred fifty feet (250') on either side of the centerline of the non - instrument runway, for the length of such runway plus two hundred feet (200') on each end; and five hundred feet (500') on either side of the centerline of the instrument runway, for the length of such runway plus two hundred feet (200') on each end, beginning at and are parallel and level with such runway centerlines. The transition zones along such runways slope upward and outward one foot vertically for each seven feet horizontally to the point where they intersect the surface of the horizontal zone. Further, transition zones are established adjacent to both instrument and non - instrument approach zones for the entire length of the approach zones. These transition zones have variable widths, as shown on the Tri- Cities Airport Future Part 77 Zones map. Such transition zones flare symmetrically with either side of the runway approach zones from the base of such zones and slope upward and outward at the rate of one foot vertically for each seven feet horizontally to the points where they intersect the horizontal and conical surfaces. Additionally, transition zones are established adjacent to the instrument approach zone where it projects through and beyond the limits of the conical zone, extending a distance of five thousand feet measured horizontally from the edge of the instrument approach zones at right angles to the continuation of the centerline of the runway. (5) HORIZONTAL ZONE. A horizontal zone is hereby established as the area within a horizontal plane one hundred fifty feet (150') above the established airport elevation or at a height of five hundred sixty feet (560') above mean sea level, the perimeter of which is constructed by swinging arcs of ten thousand feet radii from the center of each end of the primary surface of each runway of the airport and connecting the adjacent arcs by lines tangent to those arcs. The horizontal zone does not include the instrument and non - instrument approach zones and the transition zones. (6) CONICAL ZONE. A conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a distance of four thousand feet. The conical zone does not include the instrument approach zones and transition zones. 25.81.070 HEIGHT LIMITATIONS. No building, pipe, chimney, tower, steeple, stand, platform, pole, wire or structure or erection or object of natural growth, or obstruction of any kind or nature whatsoever, shall be built, placed, hung, or permitted to grow or allowed to be built, placed or hung which shall at any point or part thereof exceed the heights as provided in the zones established herein. Where an area is covered by more than one height limitation, the more restrictive limitations shall prevail. The restrictions shall apply to the area surrounding all runways and approaches situated thereon. The owner of any existing nonconforming building, X structure, or object of natural growth shall be required to permit the installation, operation, and maintenance thereon of any markers and lights as deemed necessary by the airport authority or the FAA to indicate to operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such height limitations are hereby established for each zone as follows: (1) Precision Instrument Approach Zone. Beginning at the end of and at the same elevations as the Primary Surface, slopes one foot in height for each fifty feet (50:1) in horizontal distance and extending to a distance of ten thousand two hundred feet (10,200') from the end of the runway; thence one foot in height for each forty feet in horizontal distance to a point fifty thousand two hundred feet (50,200') from the end of the runway; (2) Non - Precision Instrument Approach Zone. Beginning at the end of and at the same elevations as the Primary Surface, slopes one foot in height for each thirty -four feet (34:1) in horizontal distance and extending to a distance of ten thousand two hundred feet (10,200') from the end of the runway; (3) Visual Approach Zones. Beginning at the end of and at the same elevation as the Primary Surface, slopes one foot in height for each twenty feet (20:1) in horizontal distance and extending to a point ten thousand two hundred feet (10,200') from the end of the runway; (4) Transition Zones. Slopes outward one foot in height for each seven feet (7:1) in horizontal distance beginning at the Primary Surface, extend to a height of one hundred fifty feet (150') above the airport elevation which is four hundred ten feet (410') above mean sea level. In addition to the foregoing, there are established height limits of one foot vertical height for each seven feet horizontal (7:1) distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. Further, where the instrument approach zone projects through and beyond the conical zone, a height limit of one foot for each seven feet of horizontal distance shall be maintained beginning at the edge of the instrument approach zone and extending a distance of five thousand feet (5,000') from the edge of the instrument approach zone measured normal to the centerline of the runway extended; (5) Horizontal Zone. One hundred fifty feet (150') above the airport elevation or a height of five hundred sixty feet (560') above mean sea level; (6) Conical Zone. Slopes outward one foot in height for each twenty feet (20:1) of horizontal distance beginning at the periphery of the horizontal zone, extend four thousand feet (4,000') to a height of three hundred fifty feet (350') above the airport elevation or a height of seven hundred sixty feet above mean sea level (760'). 25.81.080 USE RESTRICTIONS. (1) General Requirements: Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for operators of aircraft to distinguish between airport lights and others, result in glare in the eyes of operators of aircraft using the airport, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise in any way endanger or interfere with the landing, taking off, or maneuvering of aircraft. (2) Lighting: No new or expanded industrial, commercial, recreational or residential use shall project lighting directly onto an existing runway, taxiway, or approach/departure surface except where necessary for safe air travel. Lighting for these uses shall incorporate shielding to reflect light away from the airport and shall not imitate airport lighting. 7 (3) Communications Facilities: Approval of cellular and other communications or transmission towers located within any zone described within section 25.81.060 shall be conditioned to require their removal within 90 days of discontinuance of use. 25.81.090 AIRPORT SAFETY COMPATIBILITY ZONES. Zones described below are shown in the Airport Safety Compatibility Zones (ASCZ) map with the prohibited land uses listed below in order to promote the general safety and welfare of properties surrounding the airport and the continued viability of the airport. Zone 1 — Runway Protection Zone (RPZ): only airport uses and activities are allowed within the RPZ. Zone 2 — Inner Approach /Departure Zone: Prohibited land uses within this zone are: residences except residential infill development is permitted south of I -182, places of public assembly such as churches, schools (K -12), colleges, hospitals; high density office, retail or service buildings; shopping centers and other uses with similar concentrations of persons. Production of asphalt paving and roofing materials or rock crushing are also prohibited. Fuel storage facilities or the storage or use of significant amounts of materials which are explosive, flammable, toxic, corrosive, or otherwise exhibit hazardous characteristics shall not be located within the Inner Approach /Departure Zone. Hazardous wildlife attractants including waste disposal operations, water management and storm water facilities with above - ground water storage, and man -made wetlands shall not be allowed within the Inner Approach/Departure Zone. All new infill residential development must include the disclosure statement in Chapter 25.8 1.110 on plats, short plats and binding site plans. Zone 3 — Inner Turning Zone: Prohibited land uses within this zone are schools (K -12) and hospitals. New residential development is prohibited unless it is infill residential development. All new infill residential development must include the disclosure statement in Chapter 25.8 1.110 on plats short plats and binding site plans. Zone 4 — Outer Approach /Departure Zone: Prohibited land uses within this zone are: places of public assembly such as churches except existing churches shall be permitted to expand, schools (K -12), hospitals, shopping centers and other uses with similar concentrations of persons. Residential density is limited to RS -20 except south of I -182. All new residential development must include the disclosure statement in Chapter 25.8 1.110 on plats, short plat and binding site plans. Zone 5 — Sideline Zone: Prohibited land uses within this zone are residences, except residences that are constructed to replace existing residences, of like size and type, damaged by fire and other causes, places of public assembly such as churches, schools, hospitals, shopping centers and other uses with similar concentrations of persons. Mining, including sand and gravel pits are prohibited in the Sideline Zone. Zone 6 — Traffic Pattern Zone: Prohibited land uses within this zone are new schools (K- 12), hospitals and other uses with similar concentrations of persons. Replacement or expansion of existing schools is permitted. All new residential developments must include the disclosure statement in Chapter 25.81.110 on plats, short plats and binding site plans. Use Interpretations — Appendix F of the January 2011 WSDOT Airport and Compatible Land Use Guidebook as amended may be used as a guide to determine uses with similar concentrations of persons as referenced in Compatibility Zones. 25.81.110: GENERAL REVIEW PROCEDURES. No use, building, structure, or development activity shall be permitted, established, altered or relocated by any person except as otherwise authorized by this chapter. All permit applications within the Airport Overlay District shall, in addition to being reviewed through the standard development review process, be subject to the following: A. All developments, permits or plats with proposed buildings and /or structures found to be within twenty feet (20') of any of the height limitation zone described in 25.81.070 and /or all buildings and structures over two hundred feet (200') in height must submit a site plan, building elevations and an FAA Form 7460 -1 to the Port of Pasco Administrative Office for Port and FAA review and approval. Upon review, further documentation shall be required, if more accurate data is necessary for a determination of impact including detailed surveys by a licensed land surveyor. B. All developments, permits or plats falling within the ASCZs described in 25.81.090 associated with special use permits, variances or existing non - conforming uses must also submit a site plan to the Port of Pasco Administrative Office for Port review. C. All applications for Comprehensive Plan amendments and rezones falling within the ASCZs described in 25.81.090 shall be forwarded to the Port of Pasco Administrative Office for Port review prior to any required public hearing. 25.81.120 DISCLOSURE. To all extents possible, property owners and potential property buyers should be made aware of the following disclosure. The disclosure statement shall be listed on all approved subdivision plats, short plats and binding site plans within any of the identified zones in section 25.81.060 or 25.81.090. "Property within this (plat/short plat or binding site plan) may be subject to varying noise levels and vibrations due to proximity to the Tri- Cities Airport. Properties near the airport may be located within height and use restriction zones as described and illustrated by Federal standards and regulations and the City of Pasco Zoning Regulations. There is the potential that standard flight patterns will result in aircraft passing over the properties at low altitudes and during all hours of the day. Future airport expansion including runway extensions may impact the size and number of aircraft utilizing the airport. Developments near the airport should assume that at any given time there will be some impact from air traffic." Section 3. This ordinance shall be in full force and effect on the 1 st day of August 2013. PASSED by the City Council of the City of Pasco, at its regular meeting of July 15, 2013. Matt Watkins Mayor TE e ri di K City Clerk APP D AS TO FORM: Leland B. 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