Page 1 of 37 GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION CURRENT PLANNING ACTIVITY 123 W. Indiana Avenue, DeLand, FL 32720 (386) 736-5959 PUBLIC HEARING: April 11, 2017 – Planning and Land Development Regulation Commission (PLDRC) meeting SUBJECT: Request to amend Chapter 72, Section 72-296 Airport Hazards, of the Volusia County Zoning Code, creating Airport Protection and Land Use Compatibility Zone regulations pursuant to F.S. Ch. 333; and request to establish the Airport Protection and Land Use Compatibility Overlay Zone over unincorporated lands in the vicinity of publicly owned and maintained airports and radar navigation facilities LOCATION: Unincorporated Volusia County properties adjacent to airports operated by the Cities of New Smyrna Beach, Daytona Beach, Ormond Beach, Pierson, DeLand and Sanford, along with the ASR-9 radar site APPLICANT: County of Volusia STAFF: Michael E. Disher, AICP, Planner III I. SUMMARY OF REQUEST In response to statutory requirements and mandatory deadlines of F.S. 333 regarding airport protection zoning, Volusia County proposes the creation of an overlay zoning classification covering unincorporated property in the vicinity of airports publicly owned and operated by the Cities of New Smyrna Beach, Daytona Beach, Ormond Beach, Pierson, DeLand and Sanford, along with the ASR-9 radar site. All local governments in the state of Florida are required by F.S. 333 to adopt airport protection standards if located in the “airport hazard area” of a public-use airport. The purpose of these standards is to establish reasonable protections for airport operations and aircraft, to minimize the exposure of adjacent properties to airport hazards and noise, to prohibit incompatible land uses and structures around airports, and to provide for coordination between municipalities and the county. Staff Recommendation: Forward to the county council for final action with a recommendation of approval. Page 2 of 37 II. OVERVIEW The Federal Aviation Administration (14 CFR Part 77) and the State of Florida (F.S. Ch. 333) have regulated development around airports for decades to prevent obstructions that could pose a hazard to aircraft and airport operations. Local governments with public-use airports are required to implement their own land use regulations at the local level. Additionally, since 2016, they have been required to review permits for potential airport obstructions that were formerly reviewed by FDOT. Last the year the Florida Legislature established a deadline of July 1, 2017 for local city and county governments to adopt airport protection zoning and land use compatibility regulations if they had not already done so. Private airports are exempt from these regulations. The Volusia County Zoning Code currently contains only minimal local requirements for airport protection. Section 72-296 of the zoning code simply defers to the federal and state standards for construction around airports. However, the code does limit development specifically around the ASR-9 radar site located in the central undeveloped part of the county. Of the jurisdictions in Volusia County affected by public- use airports and flight patterns, all but Pierson and Volusia County have a form of overlay zone that limits construction height and noise-sensitive land uses. Several jurisdictions go further by regulating landscaping, lights, glare, and electromagnetic interference that would interfere with aircraft. The Statute also requires multiple jurisdictions affected by airports to either form a joint airport zoning board or to enter into an interlocal agreement to ensure notification and protection on airport-related zoning and/or permitting. Volusia County is proposing agreements with the other five municipalities with airports rather than create a joint airport zoning board. And as owner and operator of the Daytona Beach International Airport, Volusia County will be entering into an agreement with the nearby jurisdictions affected by its airport hazard area, including Daytona Beach, Holly Hill, South Daytona, Daytona Beach Shores, and Port Orange. IV. ANALYSIS The area around and airspace above public-use airports is required to be protected by the FAA and F.S. 333 from hazards on the ground and those projecting into the air. The proposed overlay zone is intended to apply to land uses and structures on unincorporated properties within these protected areas. It is also intended to protect nearby existing structures from noise and other hazards created by airports. The cities affected by their own airports or within the protected area of adjacent airports will be responsible for their own airport protection zoning within their municipal boundaries. Protected Areas Before discussing the proposed regulations, it is helpful to first describe and illustrate the areas being protected. These zones are defined by the FAA and are created around all airports. Several of these zones are applied horizontally on the ground surface, while the others are in form of imaginary, three-dimensional “surfaces” in the air. Such “surfaces” define parts of the airspace above an airport for take-off, landing, and other Page 3 of 37 maneuvering. The “surface” represents the minimum altitude of safe navigable airspace above the ground that must be kept free of obstructions and other hazards to navigation. The size, shape, and slope of these spaces depends in large part on the size of the planes using the airport. For example, the zones at the Daytona Beach International Airport are larger than those for the DeLand Municipal Airport. Zones on the ground Primary zone: A rectangular area located at the end of each runway extending out to 200 feet beyond the runway. Runway protection zone: A trapezoidal area at ground level beginning 200 feet beyond the end of a runway, where a majority of air crashes are likely to occur. Zones in the air Approach zone: An imaginary surface lane extending outward and upward from the end of the runway’s primary zone. The length and width of the slope increases with larger aircraft. The slope angle decreases with larger aircraft to allow for more gradual ascent and descent. For example, the approach zone for the DeLand airport is 5,000 feet long, while for the main runways at Daytona Beach and Sanford Airport, it is approximately 10 miles long. Transitional zone: The area extending outward and upward at a 7:1 slope from the sides of the primary zones and approach zones, connecting them to the horizontal zone. Horizontal zone: An area encompassing and extending beyond the airport grounds, set at 150 feet above the established airport elevation. The horizontal zone extends outward from the transitional zone to the edge of the conical zone. Conical zone: The area extending outward from the periphery of the horizontal zone for a distance of 4,000 feet. Height limitations on structures or obstructions begin at 150 feet above the established airport elevation at the inner edge, with permitted height increasing at a 20:1 slope. ASR-9 radar zone: A circle eight miles in diameter centered on the ASR-9 radar site in central Volusia County, within which all structures 100 feet or higher are subject to permitting. The various zones on the ground and in the air are illustrated below. Page 4 of 37 Page 5 of 37 Land Use Restrictions To protect aircraft, airports, and the lands around them, F.S. 333 requires land use restrictions on be put in place. Prohibited uses: Residential development and uses that assemble large groups of people are prohibited within the runway protection zone. The FAA requires this zone to be located within the property owned by the airport, where it can be controlled by the airport. However, this is not always the case, especially where the airport is already surrounded by development. The requirement is put in place to ensure no new development occurs that could put lives and property at risk if a crash occurs. In addition to the runway protection zone, new residential construction specifically is also prohibited in a radius around the airport equal to half the length of the longest runway. Lighting: Lights in the vicinity of the airport must be directed downward and shielded so as not to be mistaken for airport navigation lights. Height: In addition to the height restrictions in the various zones, any structure over 200 feet must have warning lights installed in accordance with FAA guidelines. Visibility/Glare: The regulations prohibit activities and land uses that could generate dust, smoke, or haze, and thus obscure aircraft takeoff, landing, or maneuvering. Objects that generate glare are also prohibited that could cause visual problems for pilots or air traffic controllers. Noise: The noise level generated by planes and airports is often studied as part of each airports required periodic master planning process. The noise levels, measure in decibels, are then mapped along “noise contours,” similar in concept to the elevation contours on a topographic map. Where such a noise study has been conducted, the proposed regulations restrict “noise-sensitive” uses, as established by the FAA, within the 65-decible level contour. These include residential development, houses of worship, schools, hospitals, day care centers, and museums. Expansion or renovation of existing noise-sensitive uses may take place only if the structures are insulated to reduce sound by 25 decibels, or if the owner provides the county with a recorded “avigation” easement and non-suit covenant as a condition for allowing the construction without sound insulation. If a noise study has not been conducted to define the 65-decibel contour, noise-sensitive uses will be prohibited in a radius around the airport equal to half the length of the longest runway. Hazardous Wildlife Attractants. Additional land uses and activities are to be limited that could attract birds and other wildlife that may be hazardous to aircraft operations. This primarily includes landfills, but may also include open water such as stormwater retention ponds and canals, exposed trash/refuse, or any fruit/nut/berry bearing trees/shrubs.