9/9 fri 09:30 | protecting florida's aviation assets

Protecting Florida’s Aviation Assets and Protecting Florida’s Aviation Assets and

Economic BenefitsEconomic Benefits

American Planning Association

Florida Chapter

Economic Development and InvestmentEconomic Development and Investment

Commercial and general aviation airports contribute an estimated $97 billion to Florida’s economy each year

• FDOT Statewide Aviation Economic Impact Study

1 /5 of the world’s pilots are trained in Florida

Airport and aviation supporting industries create jobs for Floridians throughout the State

$130 million in annual State investment in Florida’s airports

Importance of Airports to Local GovernmentsImportance of Airports to Local Governments

Airports are economic hubs and economic generators

Airport and aviation supportive industries create jobs

The size and efficiency of an airport can either support or limit growth

Airports can promote a higher quality of life

Airports can improve the sense of pride of a community and serve as a reflection of the area

Proximity of Local Governments to AirportsProximity of Local Governments to Airports

There are currently 129 public use airports in Florida

Local governments adjacent to an airport:

• 55 Florida counties

• 97 Florida municipalities

Local governments within 10 nautical miles of an airport:

• 64 Florida counties

• 315 Florida municipalities

Local governments with an airport hazard area (Ch. 333, F.S.):

• All of them

Case Study: PFN and ECP AirportsCase Study: PFN and ECP Airports

5

Panama City – Bay County International Panama City – Bay County International Airport (PFN)Airport (PFN)

Northwest Florida-Beaches International Northwest Florida-Beaches International Airport (ECP)Airport (ECP)

Airport Compatible Land Use GuidebookAirport Compatible Land Use Guidebook

To protect airports from incompatible land use encroachment and improperly sited tall structures, the Airport Compatible Land Use Guidebook was:

Prepared by the FDOT

In coordination with DCA and the Florida Airports Council

Included a working group of: • Local government officials

• Local and statewide planners

• Developers

• Professional associations

Airport Compatible Land Use GuidebookAirport Compatible Land Use Guidebook

The Airport Compatible Land Use Guidebook addresses:

State and Federal regulations related to land use and tall structures

Development application reviews processes that comply with regulations

Specific details about special areas around airports needing protection from incompatible land uses

Prevention and correction strategies

Public Safety and RegulationsPublic Safety and Regulations

The Airport Compatible Land Use Guidebook addresses:

Federal Aviation Regulations

• Title 14 of the Code of Federal Regulations- Part 77 (Height)

- Part 150 (Noise Compatibility Planning)

• FAA Safety Zones (Advisory Circular 150/5300-13 )

State Statutes and Rules

• Ch. 163, F.S. (Comprehensive planning)

• Ch. 333, F.S (Airport zoning/Tall structures)

• Rule 14-60, F.A.C. (Licensing standards)

What your community should have:What your community should have:

Every local government must have:

Airport zoning ordinance or interlocal agreement with a jurisdiction that has airport zoning

Development review process consistent with Ch. 333, F.S. that addresses:

• Tall Structures (Natural and Man-made)

• Land Use Approval

• Airport Runway Protection Zones (RPZs)

• Educational Facilities

• Residential Development

• Sanitary Landfills

Tall Structure Review – Type ITall Structure Review – Type I

Tall Structure Review – Type IITall Structure Review – Type II

Land Use Approval ProcessLand Use Approval Process

Land Use GuidanceLand Use Guidance

Witham Field (SUA)

Cumulative Height, Noise and Safety Areas Cumulative Height, Noise and Safety Areas

Height restrictions

Residential use restrictions

Educational facility restrictions

Runway protection zone (RPZ) restrictions

Landfill area restrictions

Height, Noise, and Safety Area OverlaysHeight, Noise, and Safety Area Overlays

Space Coast Regional Airport (TIX)

Military Airfield CoordinationMilitary Airfield Coordination

Chapter 333, F.S., height zoning applies

Department of Defense (DOD) has primary responsibility for military airfield installations – Two Programs:

Air Installation Compatible Use Zone (AICUZ) program• DOD Discretionary Program• Similar to Part 150 Program• Uses noise contours• Accident potential zone (APZ)

Joint Land Use Study (JLUS) Program• Supported by DOD Funding• Local government or regional agency leads the effort• Partnership with the military• More public in nature than AICUZ program

Corrective Actions to Address Incompatible Corrective Actions to Address Incompatible Land UsesLand Uses

Noise mitigation• Sound insulation

• Noise barriers

Operational changes• Restricted flight schedules

• Limit types of aircraft

• Flight patterns

Land use and zoning changes to reduce further encroachment

Property acquisition

Corrective Actions to Address Incompatible Corrective Actions to Address Incompatible Land UsesLand Uses

Noise mitigation• Sound insulation

• Noise barriers

Operational changes• Restricted flight schedules

• Limit types of aircraft

• Flight patterns

Land use and zoning changes to reduce further encroachment

Property acquisition

Proper planning can reduce the need for this!

Challenges to Airport Compatible Land UseChallenges to Airport Compatible Land Use

The challenges of incorporating the Airport Master Plan (or ALP) into the local government comprehensive plan

Public involvement in the airport master plan process

Disagreements between the public, local governments, and the airport in terms of how airport operations and land use decisions are handled

Issues that may arise from preemptive rights and cases where the FAA overrules local decisions

Challenges to Airport Compatible Land UseChallenges to Airport Compatible Land Use

How the organizational structure of the airport affects land use decisions

The development review process for wind farms and their potential effects on radar operations

Clarification on how to address land use decisions and compatibility with joint military and civilian operations

Changes in process resulting from HB 7207 – local zoning versus Statewide land use planning

2011 Legislative Changes2011 Legislative Changes HB 7207 approved

Repealed 9J-5, F.A.C

Amended Ch. 163, F.S.

163.3161 has been changed from “Local Government Comprehensive Planning and Land Development Regulation Act” to “Community Planning Act.”

Ch. 330 and Ch. 333, F.S. were not amended and remain intact

Department of Community Affairs (DCA) becomes the Division of Community Development within the new Department of Economic Opportunity.

What has changedWhat has changed

The definition of “compatibility” has been added to 163.3164, definitions

“Compatibility” means a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition (new definition added to Chapter 163, F.S. from Rule 9J-5, F.A.C.).

What has changedWhat has changed

Section 163.3177(6), Future Land Use Element – subsection (a) is amended to add requirements for the compatibility of uses on lands adjacent to an airport as defined in s, 330.35 and consistent with s. 333.02.

s. 163.3177(6)(a) 2. The future land use plan and plan elements shall be based upon surveys, studies, and data regarding the area, as applicable, including:

- g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 330.02.

s. 163.3177(6)(a) 3. The future land use plan element shall include criteria to be used to:

- b. Achieve the compatibility of lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. [line 1361]

What has changedWhat has changedThe Plan Amendment ProcessThe Plan Amendment Process

Small scale amendments are still limited to 10 acres or less but the cumulative total per year has increased from 80 to 120 acres.

The 10 acre limit is doubled in a rural area of critical economic concern.

Text changes directly related to a small scale amendment can be included as a small scale.


The State limitation of twice per year for plan amendments was removed

Large scale amendments must utilize an “expedited state review process” … exceptions for amendments located in: Areas of Critical State Concern,

Developments of Regional Impact,

Proposing a sector plan or rural land stewardship,

Amendments based on an Evaluation and Appraisal Report.

Exceptions must undergo a “coordinated state review” process or the “old” process for large scale amendments prior to HB 7207.


Plan amendments must be transmitted to the reviewing agencies, who may provide comments directly to the local government within 30 days.

The State Planning Agency reviews land use amendments within the 30 day review period; however, their review is limited to “important state resources or facilities” (undefined)…

No Objections, Recommendations and Comments (ORC) report or Notice of Intent are issued.

Local governments must adopt a plan amendment within 180 days of receiving agency comments.

What has changedWhat has changed Local governments are required to consider a zoning

application associated with a plan amendment concurrent with the comprehensive plan amendment process

Continues the mandate for a local government to conduct an “evaluation and appraisal” of its plan every 7 years; however, the local government is only required to address amendments needed because of changes in State requirements.

There is no longer a requirement for preparing and submitting an evaluation and appraisal report to the state land planning agency for sufficiency review.

What has not changedWhat has not changed Local governments are required to update or amend comp

plans to include criteria and address compatibility of lands adjacent or closely proximate to airports

Local governments within a MPO must include airports, projected airports and aviation development and land use compatibility around airports in their Transportation Element

Local governments outside of a MPO must address aviation and related facilities in the circulation or transportation element

Airport Master Plans may be included in the transportation element

What has not changedWhat has not changed

s. 163.3177(6)(a)11. Local governments required to update or amend their comprehensive plan to include criteria and address compatibility of lands adjacent or closely proximate to existing military installations, or lands adjacent to an airport as defined by s. 330.35 and consistent with s. 333.02 in their future land use plan element shall transmit the adopted update or amendment to the state land planning agency by June 30, 2012.

Airport zoning is still required for all local governments

Ch. 330 and Ch. 333, F.S. were not amended and remain intact

Four Key Things to RememberFour Key Things to Remember

All local governments need a zoning ordinance that works

All local governments need development review processes and procedures consistent with Ch. 333, F.S.

Constant coordination and communication between airport staff, planning and zoning staff, and elected officials is important

Joint planning boards can be beneficial to both airports and local governments

ResourcesResources

This Guidebook

FAA Advisory Circular 150/5020-1

Florida Airports Council Seminar on Land Use Regulations and Non-Aviation Land Development

Transportation Research Board’s Airport Cooperative Research Program Report 27

FDOT Central and District staff

Resources – Florida Statutes and RulesResources – Florida Statutes and Rules

Chapter 333, F.S., Airport Zoning

Rule 14-60, FAC, Airport Licensing, Regulation and Airspace Protection

Chapter 163, Part II, F.S., Growth Management Act/Community Planning Act

PublicationsPublications The Airport Compatible Land Use Brochure

• Explains what is included in the Guidebook

• Includes URL where the Guidebook can be downloaded

The Primer to the Guidebook• Provides overview of Guidebook

• Useful for training and quick reference

The Airport Compatible Land Use Guidebook

More InformationMore Information

Sergey Kireyev, Airspace and Land Use Manager with Florida Department of Transportation, at [email protected] or (850) 414-4502

Jon Sewell, Kimley-Horn and Associates Inc. Project Manager, at [email protected] or (850) 553-3500

Airport Compatible Land Use Guidebook can be downloaded at: www.dot.state.fl.us/aviation and select publications – Florida from the Resources option

FDOT Central Office and District Staff

PANEL DISCUSSIONPANEL DISCUSSIONProtecting Florida’s Aviation Assets and Economic Benefits

9/9 fri 09:30 | protecting florida's aviation assets

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