Public Land Use Compatibility Summary Report Aaron Qualls, AICP Planning & Community Development Director City of Sandpoint, ID 6/13/19

Overview

Report Purpose and Scope The purpose of this (working draft) report is to compare planning and zoning regulations around various in preparation for addressing the Sandpoint Airport in a City Comprehensive Plan update. Within the report are summaries of land use compatibility guidelines from 4 states in the West including Washington, California, Colorado and . The report also includes various planning and zoning findings for 10 different airports in various jurisdictions.

Airport Compatible Land Uses Airport-compatible land uses are defined as those uses that can coexist with a nearby airport without either constraining the safe and efficient operation of the airport or exposing people living or working nearby to unacceptable levels of noise or hazards (American Planning Association, 2010). Uses of concern in proximity to airports are generally related to noise and safety (Enhancing Airport Land Use Compatibility, Vol. 1, National Academy of Sciences, 2010):

Ø Noise: The goal is to limit noise sensitive land uses to avoid issues such as annoyance and sleep disturbance to persons on the ground Ø Safety: The goal is to limit uses that have potential impacts in the following two categories: o Those uses hazardous to airspace and overflights § Tall structures (cell towers, wind turbines, vegetation, tall buildings) § Visual obstructions (smoke, glare, steam, dust, lights) § Wildlife and bird attractants (wetlands, crops, open water) o Those uses that affect accident severity § High concentrations of people (schools, churches, arenas) § Risk-sensitive uses (nursing homes, hospitals, flammable materials) § Open lands

Administrative Authority Land use regulations around public airports are typically under the exclusive authority of the local jurisdiction, regardless of whether that jurisdiction is the public airport sponsor. However, certain federal requirements apply, and different states contain varying guidelines and requirements. Below is a summary of the primary applicable laws and public agency authority in Idaho regarding airport land use compatibility.

Federal Regulations – Federal Aviation Administration (FAA)

Ø Protection Zones (RPZs) are defined areas at ground level beyond the runway end or prior to the threshold that are maintained clear of incompatible objects and activity in order to enhance the safety and protection of people and property on the ground. Keeping these trapezoidal areas at the ends of runways clear—preferably through property acquisition by the airport sponsor—is mandated by the FAA (ITD, 2016).

Ø 14 CFR 77 – “Part 77” primarily governs height around an airport and is intended to identify and define critical airspace surfaces to maintain safety, efficient use and the preservation of navigable airspace. This regulation is emulated in the City of Sandpoint’s Airport Overlay Zone (Title 9, Chapter 12).

Ø FAA Grant Assurance #21 requires that an Airport Sponsor “…take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended.”

Idaho State Requirements

Ø The Local Land Use Planning Act (Title 67, Chapter 65) requires that Public Airport Facilities be addressed in a local jurisdiction’s comprehensive plan. Specifically, “An analysis prepared with assistance from the Idaho transportation department division of aeronautics, if requested by the planning and zoning commission, and the manager or person in charge of the local public airport identifying, but not limited to, facility locations, the scope and type of airport operations, existing and future planned airport development and infrastructure needs, and the economic impact to the community.”

Varying Airport Land Use Guidelines by State In order to evaluate the implementation of land use controls around various airports in the West, the first task is to analyze what different states provide for recommended guidelines. Many of the recommended safety zones are similar in scope and in purpose but there are considerable variations. There is one zone, however, that is common to all which is the Runway Protection Zone (RPZ).

Varying Airport Land Use Regulations Because surrounding land use zoning regulations are determined primarily by local jurisdictions (as enabled by the corresponding State) rather than the Airport itself or the FAA, surrounding zoning overlays and other zoning controls vary greatly from the Airports analyzed. Summary Matrix

Felts Santa Gen. LAX Denver Aspen McCall Pocatello Boise Jerome Field Monica William J. Fox

State WA CA CA CA CO CO ID ID ID ID

Accordance with Yes No Yes No Yes - No No Mostly Yes State Guidelines

Comprehensive / Yes - - Yes Yes Yes Yes Yes Yes Some other Plan Reference

Within Urban Yes Yes No Yes No Some Some No Some No Area

Multijurisdictional Yes No No Yes No Yes Yes Yes Yes No

Public (Open Some No No Some Yes Yes Yes Some Yes Some Space) Lands in Critical Safety Areas

Airport Land Use Yes No Yes No Yes No No No Yes Yes Compatibility Overlay Zones*

Traditional Zoning Yes No No Some Some Some Some Some Yes Some Controls for Airport Compatibility

* An overlay zone is a zoning district which is applied over one or more previously established zoning districts, establishing additional or stricter standards and criteria for covered properties in addition to those of the underlying zoning district (American Planning Association, 2007).

Washington

Washington State Department of Transportation Aviation Division Airports and Compatible Land Use Guidebook, Washington State Department of Transportation (WSDOT), 2011.

For Airports with runway lengths between 4000 to 5,999 feet which the Sandpoint Airport would qualify, WSDOT recommends 6 land use compatibility zones with (See Figure 1):

Zone 1: Runway Protection Zone (RPZ) Zone 2: Inner Approach/Departure Zone Zone 3: Inner Turning Zone Zone 4: Outer Approach/Departure Zone Zone 5: Sideline Zone Zone 6: Traffic Pattern Zone

Appendix F of Washington State’s Airport Land Figure 1 – Airport Safety Zone Guidelines, WSDOT, 2011 Use Guidelines provides for a compatibility criteria chart (see Figure 2). Rather than explicitly recommending allowing or disallowing uses outright depending on the recommended zones, WSDOT guidelines take into consideration the context of existing uses as well as the Urban Growth Boundary—a growth management tool required by the State of Washington.

Figure 2 – Appendix F, Table F-1, WSDOT Airports and Compatible Land Use Guidebook, 2011

Felts Field (City of Spokane / City of Spokane Valley) Felts field, located within the City of Spokane, is also adjacent to the City of Spokane Valley. Both cities have land use controls based on WSDOT guidelines. However, each city has implemented them differently. Figure 3 below show adopted Airport Overlay Zones for both Spokane and Spokane Valley.

Figure 3 – Comparison Airport Overlay Zoning for Felts Field (images edited for purposes of this report)

City of Spokane – Summary The Felts Filed Airport is entirely within the municipal boundaries of the City of Spokane which has adopted a total of 5 airport overlay zones. See below analysis for how these zones relate to underlying zoning classifications.

Use Restrictions Within zones 1, 2, 3 and 4 one single family home is permitted on each existing lot where the underlying zoning is residential. In certain cases where more density is allowed in the underlying zone, density is limited to the average density of adjoining properties. Further, subdivisions and zone changes that would allow for additional density are not permitted. In commercial and industrial zones, residential uses are prohibited. Within zone 5 (traffic pattern area or typically the area of airport influence), residential uses are allowed. Other high intensity commercial uses are also restricted outright or contain occupancy thresholds, depending on the corresponding overlay zone.

City of Spokane Valley – Summary The City of Spokane Valley has adopted 6 Airport Overlay zones. Note that Figure 3 above delineates 4 of the 6 zones. Zone 1 (RPZ) and zone 5 (Sideline Zone) are referenced in the City’s code but are not delineated. In comparison to the City of Spokane, the City of Spokane Valley has adopted more restrictive Airport Overlay zoning regulations with regards to allowable uses.

Use Restrictions Regardless of the underlaying zoning classification, within all airport overlay zones, multifamily and manufactured home parks are prohibited. In zones 1, 2 and 5, single family residential is also prohibited. Zone 3 allows for single family at a density of 1 unit per 5 acres. Zone 4 allows for a single-family density of 1 unit per 2.5 acres. Zone 6 (the wider area of airport influence on the above map) allows for 1 single family unit per 2.5 acres. However, if at the time of overlay zoning adoption, a smaller parcel existed, the property may be allowed one residence if either a water or sewer hookup was previously installed. Other uses such as schools, parks, playgrounds, hospitals, nursing homes, day care, churches and incinerators are prohibited in all zones. Hazardous and Flammable materials storage as well as certain other high intensity uses such as box retail, stadiums, fairgrounds (including temporary large events) are allowed only in zone 6.

California

California State Department of Transportation Division of Aeronautics California Airport Land Use Planning Handbook, 2011

Mirroring Washington State’s Land use guidebook, California’s Land Use Planning Handbook outlines guidelines for the exact same Airport safety zones (Figure 1). However, it stops short in its recommendations around the allowance or disallowance of specific uses such as through a compatibility matrix. Rather, the samples address the issue from a recommended general density perspective, while taking in consideration existing land use patterns (depending on the established Airport Influence Area as described below. Intended as a starting point for consideration of surrounding land use compatibility regulations, California’s handbook is primary for use by Airport Land Use Commissions (ALUCs) in preparing Airport Land Use Compatibility Plans as required by CA state statute. As in other states, zoning regulations are ultimately decided by local jurisdictions. However, CA requires that local plans be consistent with the adopted Airport Land Use Compatibility Plan.

Airport Influence Area (AIA) One of the primary responsibilities of an ALUC is to The CA policy guidelines address the establish in partnership and through negotiation allowance of densities with reference to with other affected agencies an airport influence the legal concept of inverse area. This area sets the stage for determining condemnation—which can occur if land where future land use regulations may be is “taken” by the government without incorporated. In short, the AIA is an ALUC’s just compensation as required by the 5th planning jurisdiction (zoning decisions, as noted amendment of the Constitution. above, however, ultimately rest with the local jurisdiction but must be consistent with the AIA plan).

AIAs can vary widely for different airports and associated jurisdictions which are presumably highly dependent on a wide variety of local planning goals and objectives.

Open Space The CA Handbook does provide sample policies for consideration in a Land use Compatibility Plan with regards to the preservation of open space. Below is an excerpt:

• Inner Approach/Departure Zones (Zone 2) —Seek to preserve 25% to 30% of the overall zone as usable open land. Particular emphasis should be given to preserving as much open land as possible in locations close to the extended runway centerline. • Inner Turning Zone (Zone 3) —At least 15% to 20% of the zone should remain as open land. • Outer Approach/Departure Zones (Zone 4) —Maintain approximately 15% to 20% open land within the overall zone, again with emphasis on areas along the extended runway centerline. • Sideline Zone (zone 5) —Adjacent to the runway ends and runway protection zones, 25% to 30% usable open land is a desirable objective. • Traffic Pattern Zone (Zone 6) —Elsewhere within the airport environment, approximately 10% usable open land or an open area approximately every 1⁄4 to 1⁄2 mile should be provided (CA DOT, 2011)

Clustered Development Policy Example One policy recommendation suggests clustered development (where residential uses are compacted in a small area to preserve open space). The thinking behind this policy, per the handbook, is that in many forced landings, pilots still retain some degree of control and are able to force land an aircraft in an open area if one exists.

Infill Development Policy Sample Another policy recommendation considers existing surrounding land uses with regards to infill within certain airport safety zones recommending consideration of a not-to-exceed limit based on the lesser of 1) existing densities within 1000 feet of a proposed development or 2) double the density/intensity permitted within the safety zone in which the development is proposed.

Santa Monica Airport (City of Santa Monica / City of Los Angeles)

With respect to land use controls, the Santa Monica Airport has very little surrounding land use restrictions despite the 130,000 residents within 2 miles of the airport. The designated Area of Airport Influence incorporates little more than the Airport Property itself (see Figure 4).

Although the AIA does contain FAA mandated Runway Protection Zones, these areas are zoned for single family in both the City of Santa Monica and the City of Los Angeles. Approximately 270 Figure 4 - Satna Monica Airport AIA and RPZs homes exist within the combined RPZs of the Santa Monica Airport (see Figure 5).

Noise Abatement Given its proximity to surrounding neighborhoods, the Airport maintains a fairly extensive noise mitigation program. This program contains restrictions on maximum allowable noise levels, limited aircraft operations and specifies flight paths and procedures. The Noise code also contains civil penalties for violations including fines and ultimately, revocation of airport privileges.

Litigation Issues between FAA and the City of Santa Monica After a longstanding litigation between the FAA and the City of Figure 5 - Santa Monica Northern RPZ Santa Monica regarding land use compatibility issues, an (aireform.com, 2016) agreement was reached in 2017. The agreement allows the City to 1) shorten the runway approximately 1500 feet and 2) close the airport permanently after the year 2028. General William J. Fox Airfield (County of Los Angeles) In contrast to the Santa Monica Municipal Airport, the General William J. Fox Airfiled contains a much larger Airport Influence Area and contains adopted safety and land use compatibility zones in accordance with the California State Department of Transportation (See Figure 6).

Figure 6 - AIA, Safety and Land Use Compatibility Zones for Gen. William J. Fox Airfield

LAX (City of Los Angeles/County of Los Angeles/City of Inglewood)

Los Angeles International Airport contains an Airport Influence Area that is within the jurisdiction of the City of Los Angeles, the County of Los Angeles and the City of Inglewood, CA. (See Figure 7).

Figure 7 - LAX Airport Influence Area

West of Interstate 405, the zoning is primarily commercial, industrial or owned by the Airport. East of the 405, however, is the jurisdictions of LA County and Inglewood which is essentially zoned for medium residential density (See Figure 8).

Figure 8 - LA County (Lennox) Zoning within the LAX AIA

Colorado

Denver Regional Council of Governments Airport Compatible Land Use Design Handbook, 1998

Airport land use compatibility guidelines by the Metropolitan Planning Organization for the Denver, CO region incorporates recommended airport compatibility zones. Based, in part, on similar crash data compiled by Berkeley University that is utilized by other state guidelines, a total of 4 zones are recommended to contain use restrictions (See Figure 9).

Figure 9 - Sample Airport Land Use Plan, Denver Regional Council of Governments, 1998 Denver International Airport (Adams County/Arapahoe County/City of Aurora/City of Brighton/City of Commerce City/City and County of Denver)

The largest airport in north America, the Denver Airport encompasses 53 square miles of land in order to limit the impacts of airport activity on the airport’s neighbors and provides room for the airport to expand and grow (Denver Zoning Code, 2018). Most neighboring jurisdictions have recommended land use compatibility guidelines and/or have adopted zoning regulations to avoid incompatible land uses near the airport, but their policies and ordinances differ. In certain cases, intergovernmental agreements also exist.

The City of Denver contains both an overlay zone (Figure 10) and a “DIA Influence area” (See Figure 11).

Figure 11 - Denver Airport Influence Area

Residential and educational uses are restricted in the DIA Influence area while other permitted uses are determined by the Denver Manager of Aviation. In the broader overlay zone, the Manager of Aviation determines various all building and design standards.

Figure 10 - Denver Airport Overlay Aspen/Pitkin County Airport (City of Aspen / Pitkin County)

Land use controls around the Aspen/Pitken Airport are under the jurisdiction of both the city and the county. Areas outside of the Southern end of the runway within the city limits of Aspen are controlled primarily through a conservation easement. However, multi-family and affordable housing zoning is in place in relative proximity to the runway end. The other side of the runway is within the jurisdiction of Pitkin County and is zoned for Public-Institutional (P-I) (subject to additional review) or very low density residential/agricultural (See Figure 12)

Figure 12 - Aspen City and Pitkin County Zoning

Idaho

Idaho Transportation Department Division of Aeronautics Idaho Airport Land Use Guidelines, 2016

Idaho’s land use guidelines provide for 6 recommended airport land use compatibility zones for consideration by local jurisdictions. Indented as a reference and starting place, they are as follows:

• Runway Protection Zones • Lateral (or side) Safety Zone • Critical Zone(s) • Airport Traffic Pattern Area • Airport Influence Area • Impact Coordination Zone

With the exceptions of RPZs, compatibility zones are not mandated by the FAA or ITD and the “need, size and composition” of them can vary greatly depending on “local land use planning needs and desires, and the size and capability of the airport.” (ITD, 2016) The Guidelines provide for sample land use plans for consideration by local jurisdictions (see Figure 13).

Figure 13 - Example Land Use Plan (ITD, 2016) McCall Municipal Airport (City of McCall / Valley County)

The City of McCall, ID recently updated the comprehensive plan in 2018 which incorporates an Airport Facilities component. The Airport Master Plan, however, has not had a substantial update since 2007. Although the city’s comp plan has added areas to the south of the runway into the area of city impact (ACI), there is no specific overlay zones referenced or adopted beyond FAA requirements that primarily regulate height per Title 14 CFR Part 77 to preserve navigable Airspace (similar to Sandpoint’s current Airport Overlay Zone). The North end of the runway, however, is primarily municipally owned for park use. To the South, the current zoning is rural and allows for a minimum lot size of 10 acres (See Figure 14).

Figure 14 - Zoning in and around McCall Municipal Airport Pocatello Regional Airport (City of Pocatello/Power County/Bannock County/Shoshone- Bannock Tribes)

The 2012 Pocatello Regional Airport Master Plan recommends Land Use Compatibility zones consistent with ITD Guidelines (see Figure 12). The City’s Comprehensive Plan does not address land use around the airport or have an entire chapter referencing the Airport but does contain a small section about it. Although the Airport Sponsor is the City of Pocatello, the airport lies outside of city limits and the recommended zones in the master plan fall within the jurisdictions of Power County, Bannock County and the Shoshone-Bannock Tribes (Fort Hall Reservation). Although Pocatello’s Airport Master Plan recommends the Airport work with these neighboring jurisdictions to consider adoption of compatibility zones, no evidence can be found that any such zones have yet been implemented.

Figure 15 - Recommended Compatibility Zones, Pocatello Regional Airport Master Plan, 2012

Boise Airport (City of Boise/Ada County)

The City of Boise’s 2011 Comprehensive Plan contains an element addressing the airport which defines a planning area and makes reference to overlay zones. Ada County has adopted 4 Airport Influence Area zones that regulate use beyond RPZs (See Figure 16). Certain uses in the closer proximity zones, including most dwelling units, are prohibited outright. Within the larger influence areas, buildings for specific uses require construction standards to mitigate noise levels and are regulated based on decibel levels.

Figure 16 - Boise Comp Plan Airport Planning Area / Ada County Airport Influence Area Zones

Jerome County Airport (Jerome County)

Located approximately two miles East of Jerome, ID, Jerome County Airport has adopted land use compatibility zones that are likely the most consistent with the suggested overlay zones within the ITD Airport Land Use Guidelines as compared to other Idaho Airports researched. Jerome County’s 2018 Comprehensive Plan makes brief reference to certain commercial uses being compatible around airports and the County has adopted a total of 7 overlay zones which regulate uses (or otherwise require disclosure statements) within an approximately 22 square mile area (See Figure 17).

Figure 17 - Jerome County Airport Compatibility Zones