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HomeMy Public PortalAbout22-15 Staff ReportCynda Herrick, AICP, CFM VALLEY COUNTY IDAHO PO Box 1350 219 North Main Street Cascade, Idaho 83611-1350 Planning & Zoning Director Floodplain Coordinator STAFF REPORT — No. 2 Conditional Use Permit Application No. 21-15 3600 Ranch Subdivision - Preliminary Plat Phonc: 208.382.7115 FAX: 208.82.7119 Email: chcrricktco valley.id.us HEARING DATE: August 12, 2021 TO: Planning and Zoning Commission STAFF: Cynda Herrick, AICP, CFM APPLICANT/OWNER: GFL Holdings LLC P.O. Box 2554 McCall, ID 83638 AGENT/ Aaron Cramblet REPRESENTATIVE: 13885 Farm to Market Road McCall, ID 83638 ENGINEER: Crestline Engineers PO Box 2330 McCall, ID 83638 SURVEYOR: Secesh Engineering PO Box 70 McCall, ID 83638 LOCATION/SIZE: Parcels RP18NO3E284175 & RP18NO3E284780, east of Norwood RD and north of Johnson LN, W %2 Section 28, T.1 8N, R.3E, Boise Meridian, Valley County, Idaho 67.5 acres REQUEST: Single -Family Residential Subdivision EXISTING LAND USE: Agriculture - Grazing Land BACKGROUND: GFL Holdings LLC is requesting a conditional use permit for a 20-Iot single-family subdivision on approximately 67 acres. Proposed residential lot sizes range from 1.42 acres to 6.63 acres. One 0.81 -acre open space lot is proposed. Lots would be accessed from Norwood Road onto a graveled private road. The private road is 2,550 feet long and ends in a cul-de-sac. A 24 -ft wide bridge would cross Clara Foltz Ditch. Staff Report C.U.P. 21-15 - Addendum Page 1 of 5 Individual wells and septic systems are proposed. It is proposed that water rights be transferred. A 30,000 -gallon water storage tank will be installed for fire protection. Two phases are proposed. Phase 1 (2021-2022) would include Lots 1-4, roadway construction, and fire protection water storage tank installation. Phase 2 (2022-2025) would include Lots 5- 20, bridge construction and additional roadway construction. FINDINGS: 1. This matter was heard by the Planning and Zoning Commission on July 8, 2021. The public hearing was left open. The matter was tabled to August 12, 2021, in order to receive additional information and testimony concerning airport overlay issues. 2. Additional Valley County Code: Title 8 of the Valley County Code is titled Airport Zoning. It is an ordinance that was adopted on October 15, 1974, and included in the codification. It states that nothing in the chapter shall prohibit structures, etc. to a height up to thirty feet above the surface of the land. It then describes height limitations in specific zones. (Attached to this Staff Report.) 3. Staff research on Ground Water and capacity: • Idaho Dept. of Water Resources: excerpt from Idaho Comprehensive State Water Plan for the Payette River Basins stating there is significant ground water in Long Valley -Round Valley. • Email from Gus Womeldorph at Idaho Dept. of Water Resources states there is rapid recharge of groundwater in the region and they continue to monitor well levels. • Previous study and letter submitted for Pearson Corners Subdivisions on a Water Supply Assessment by SPF Water Engineering, LLC in 2008. May be interpolated to be applicable. 4. Attached the McCall Area Comprehensive Plan Update that shows this area as a future "Village Cluster Overlay". The portion in the City of McCall Impact Area is currently zoned Rural Residential (10 Acres). 5. Written Correspondence: Lisa Mohler, Johnson LN, responded by email dated July 30, 2021, with the following comments: • Airport Issues — recently watched a helicopter dipping twice over the 360 Ranch. This specific location is where most of the dipping occurs. • Traffic — traffic has increased dramatically recently on Johnson and Norwood. • Clara Foltz Ditch — concerned with safety because people will want to swim in the ditch. Staff Report C.U.P. 21-15 - Addendum Page 2 of 5 Email stream dated August 3, 2021, from Commissioner Hasbrouck with additional comments from Lisa Mohler and brvantr( i;frontiernet.net concerning comments of Chairman Defoort and concern with depletion of water. Emails sent to Brian Harris and Shawn Walters with the USFS asking if they are concerned with the subdivision. No response was received. Richard Stein A.A.E., City of McCall, Airport Manager, McCall Municipal Airport, responded a number of times in the following documentation. • Letter detailing recommendations requiring the following: o additional soundproofing in the new construction. o written notice to homeowners. o Form 7460-1 Notice of Proposed Construction or Alteration o an Avigation Easement be negotiated with the City of McCall a Would like the county to zone the area within 5000 feet south of the Runway 34 end. • E-mail dated July 22, 2021, to Casey Dickinson (between this subdivision and the airport —14108 Norwood) stating no permission is necessary to construction and the airport will comment when plans are in front of the Valley County P&Z. Property is subject to some aircraft noise. • Series of Emails concluding with August 3, 2021, email that includes the Idaho Airport Land Use Guidelines document that T -O produced for 1TD Aeronautics (plan attached). • Email dated July 14, 2021, that explains Form 7460, Avigation Easements, and FAA's jurisdiction over airspace in the U.S. • Email dated July 15 recommending we zone the property around the airport. (attached McCall's zoning table showing permitted (P), administrative (A), conditional (C), and prohibited uses (blank). • Email dated July 27 that included an example "Grant of Surface and Overhead Avigation Easement", Model Zoning Ordinance to Limit the Height of Objects Around the Airport, and Advisory Circular on Airport Land Use Compatibility Planning from FAA. Gary Gates, FAA Airport District Office, Helena, MT replied by phone in response to an email on July 14, 2021, with the following general comments: • The first level of review comes from the city in order to protect aeronautical surfaces. • The proposed subdivision is a pretty good distance. • Goal is to not penetrate into protected areas. • ITD recently created guidance for Comprehensive Plans. ATTACHMENTS: • Conditions of Approval • McCall Zoning Map • McCall Future Land Use Map • Minutes and Exhibits from July 8, 2021 • Valley County Code Title 8 Staff Report C.U.P. 21-15 - Addendum Page3 of 5 • Information on Ground Water and Capacity • Responses Received After the Public Hearing on July 8, 2021 o Lisa Mohler Emails and Letter o Responses from the City of McCall • Idaho's Guidebook on Airport Land Use • Form 7460 • McCall's Zoning Table • Grant of Surface and Overhead Avigation Easement Example • Model Zoning Ordinance to Limit Height of Objects Around the Airport • Advisory Circular for Airport Land Use Compatibility Planning Conditions of Approval 1. The application, the staff report, and the provisions of the Land Use and Development Ordinance are all made a part of this permit as if written in full herein. 2. Any change in the nature or scope of land use activities shall require an additional Conditional Use Permit. 3. The final plat shall be recorded within two years or this permit will be null and void. 4. The issuance of this permit and these conditions will not relieve the applicant from complying with applicable County, State, or Federal laws or regulations or be construed as permission to operate in violation of any statute or regulations. Violation of these laws, regulations or rules may be grounds for revocation of the Conditional Use Permit or grounds for suspension of the Conditional Use Permit. 5. Must have an approved storm water management plan and site grading plan approved by the Valley County Engineer prior to any work being done on -site. 6. Roads shall be constructed in accordance with the Valley County Private Road standards. The Valley County Engineer shall review and approve construction drawings prior to development. 7. Prior to recordation of the plat, the Developer's engineer shall certify that the road is constructed in accordance with the plans approved by the Valley County Engineer. 8. A Private Road Declaration is required prior to recordation and must be noted on the face of the plat. 9. A Declaration of Installation of Utilities shall be placed on the face of the plat if all utilities are not in place at the time of recordation. 10. A letter of approval is required from McCall Fire & EMS stating all infrastructure, including road and buried tank, is in place prior to recording the final plat. Staff Report C.U.P. 21-15 - Addendum Page 4 of 5 11. CCR's should address lighting, wildfire prevention, and limit each lot to one wood burning device. Recommend noxious weed eradication requirements in the CCR's. 12. CCR's shall also require additional soundproofing in new construction; and, require written notice to homeowners about the airport's existence flight paths, and possibility of noise impact; require a Form 7460-1 Notice of Proposed Construction or Alteration be submitted by the developer of the subdivision for excavation and each lot owner at the time of any building construction to be included in the building permit application. 13. Shall record and reference in the notes on the face of the final plat an Airport Overlay Agreement that includes the following: Avigation Easement negotiated by the developer of the subdivision with the City of McCall that will apply to all future landowners with restrictions that do not go beyond the example from Boise, included in the record. This easement should detail height limitations on specific lots and be included in the CCR's. Lot owners should be directed to submit the easement with building permits. 14. All lighting must comply with the Valley County Lighting Ordinance. 15. Shall place addressing numbers at each driveway and each building. 16. A letter from Lake Irrigation is required stating they have no concerns with this proposal. 17. All lots should have access off the private road, not Norwood Road. 18. Must bury conduit for fiber optics with utilities. 19. Must dedicate a 35 -foot right-of-way to Valley County for Norwood Road. 20. Irrigation easements must be shown on plat. 21. The following note shall be placed in the notes on the face of the final plat: "The Valley County Board of Commissioners have the sole discretion to set the level of service for any public road; the level of service can be changed." 22. Must show floodplain note on the face of the final plat. END OF STAFF REPORT Staff Report C.U.P. 21-15 - Addendum Page 5 of 5 lau City of McCa11 Official Zoning Map Ir a..,.. rp2.l, d.AN 7.011411 d•< CV A.aol AP c -,d liminm(MOM CE L7wlnw.+f C.a.11w.dwl CC NO Owr*RalYrrll Ale 1.1.alw awash. R.wdwwr Law Oww.f R...Iw+r AI R.Yarrl11 Lae, RI Burr R.wdwlW EwMIS navel Rf Runt R.sd 1 IllAvnl RR Ceyt.imta © Impact Area City of M1cCa11 OEK1p'.IENf hw y.l_r.Iw1_w .woe men. uw aww HJY..sMYwOlw wY. Paw. UMW. 1�s few P•4w RpYwdb srrrsr aV rq�ws McCall Area Comprehensive Plan Update Future Land Use Plan Adopted by Valley County: March 5. 2012 Adopted by City of McCall Febuary 23, 2012 Legend Future Land Use Agnculture•Forest Airport Business Park Central Business Distnct Community Commercial Civic Industrial Ponderosa Slate Park Rural Residential Estate Residential One Acre Residential Half Acre Residential Low Density Residential Medium Density Residential High Density Residential Concept Plan Village Cluster Overlay ImpactArea I _1 McCall Impact Area Potential Impact Area Extension McCaII City Limit Shoreline Environs Zone Slate Highway Future Bicycle Path East West Loop - Scenic Route Airport Clear Area Payette Lake 8 River Greenway Future Park ra❑ Gateway 1 City of McCa11 0 2 irdf ir 4f 1 i-- `�� yJj 1 II 1 'N.• 11 Valley County Planning & Zoning Commission PO Box 1350 219 North Main Street Cascade, ID 83611-1350 Johanna Defoort, Chairman Scott Freeman, Vice -Chair Phone: 208-382-7115 Fax: 208-382-7119 Email: cherrick@co.valley.id.us Website: www.co.valley.id.us Brian Benton, Commissioner Ray Cooper, Commissioner Neal Thompson, Commissioner MINUTES Valley County Planning and Zoning Commission July 8, 2021 Valley County Court House - Cascade, Idaho PUBLIC HEARING - 6:00 p.m. The public can livestream tonight's meeting and may testify either in person or telephonically. A. OPEN: Meeting called to order at 6:00 p.m. Quorum exists. P&Z Director — Cynda Herrick: Present P&Z Commissioner— Brian Benton: Present P&Z Commissioner — Ray Cooper: Present P&Z Commissioner —Johanna Defoort: Present P&Z Commissioner —Scott Freeman: Present P&Z Commissioner— Neal Thompson: Present P&Z Technician —Lori Hunter: Present B. MINUTES: Commissioner Benton moved to approve the minutes of June 17, 2021. Commissioner Cooper seconded the motion. Motion carried unanimously. The YouTube channel audio is working although the screen is showing as a black screen. The audio is being recorded. C. OLD BUSINESS: 1. C.U.P. 21-08 Dunn Camp Site: WITHDRAWN BY APPLICANT. Action Item 2. C.U.P. 21-12 Hart Lodge: Benjamin Hart is requesting a conditional use permit for a short- term rental with a maximum of 20 guests. The home is approximately 4300 sqft and uses an Individual well and individual septic system. The 1.5 -acre site is addressed at 43 Tranquility Lane, located in Moonridge Subdivision Lot 3, in the SE X Section 30, T.18N, R.3E, Boise Meridian, Valley County, Idaho. TABLED FROM JUNE 17, 2021. Action Item. Valley County Planning & Zoning Page 1 of 13 7/8/2021 r Chairman Defoort explained the ten-day appeal period to the Valley County Board of Commissioners. 7:00 p.m. 4. C.U.P. 21-15 360° Ranch Subdivision — Preliminary Plat: GFL Holdings LLC is requesting a conditional use permit for a 20 -lot single-family subdivision on approximately 67 acres. Lots would be accessed from Norwood Road onto a private road. Proposed lot sizes range from 1.42 acres to 6.63 acres. Shared driveway easements are proposed. Individual wells and septic systems are proposed. The site is part of parcels RP18NO3E284175 & RP18NO3E284780 in the West'/: Section 28, T.18N, R.3E, Boise Meridian, Valley County, Idaho. Action Item. Chairman Defoort introduced the item and opened the public hearing. Chairman Defoort asked if there was any exparte contact or conflict of interest. There was none. Chairman Defoort asked for the Staff Report. Staff presented the staff report and summarized the following exhibits: • Exhibit 1— Katie Deschamps, Norwood Road, is opposed. (July 1, 2021) • Exhibit 2 — Arthur Troutner, Valley Soil and Water Conservation District, stated the application is lacking information required by Idaho Statute 31-3805. (July 1, 2021) • Exhibit 3 — Shirley Florence, Lake Irrigation District Secretary, commented on requirements regarding water rights and the irrigation district. (July 8, 2021) • Exhibit 4 — Garrett de Jong, McCall Fire Chief, replied with road and water -storage tank requirements. (July 1, 2021) • Exhibit 5 —Travis Reese, 361 Moon Drive, is opposed. (July 1, 2021) • Exhibit 6 — Dan Russell is opposed. (July 1, 2021) • Exhibit 7 — Darcy Reese is opposed. (July 1, 2021) • Exhibit 8 — Nancy and Frankie Romero, Norwood Road, are opposed. (July 3, 2021) Chairman Defoort asked for the applicant's presentation. Gregg Tankersley, Crestline Engineers, McCall, represented the applicant. This proposal is for a 20 -lot subdivision with two phases. The first phase contains four lots which do not require a ditch crossing. Valley County private road standards will be met. A bridge would cross the Clara Foltz Ditch. All utilities would be underground. A fire protection water tank would be installed adjacent to Lot 4. Landscaping includes revegetation of disturbed areas and an entry feature. A formal application has not yet been submitted to Central District Health (CDH). Crestline Engineers has conducted ground water monitoring and will be working with CDH for the additional required monitoring. They are working with the Lake Irrigation District. There are similar subdivisions within two miles of this site: Knob Hill, Carefree, Pearson Corners, Pearson Landing (smaller lots), Moon View Ranch. The road right of way will be 70 -feet. There is an existing crossing of ditch at Lot 12. The applicant will comply with listed conditions of approval. Irrigation ditch water is available October through May and would be used to fill the water tank initially. The Homeowner Association will inspect tank on annual basis. There will be CCRs. The proposed cul-de-sac right-of-way of exceeds the County's requirement. They have not discussed the proposal with the McCall airport; however, they are aware of the flight path and associated cone. They will meet requirements in regard to building heights and other Valley County Planning & Zoning Page 5 of 13 7/8/2021 restrictions due to the McCall Airport. They would like clarification of COA #3; their phasing plan goes beyond two years. Mr. Tankersley responded to public comments. This proposal meets the requirements of Valley County. In addition, the City of McCall impact Area is less than one mile from the property. Lot sizes are similar to existing nearby subdivisions in the area. Thirteen of the 20 lots are around three acres in size. The proposal is comparable to other nearby residential developments. Water supply well driller reports were reviewed including five recent drilled wells in the area. The minimum lot size for septic systems is one acre. The remainder portion will not part of the subdivision but will be a separate parcel. Chairman Defoort asked for proponents. Aaron and Rose Cramblet are applicants. They are owners of Timeless Construction and the Good Friends Land (GFL) Holding. This is a small subdivision to add more needed housing opportunities. Lots sizes were chosen to maintain space and provide mixed lot sizes in order to provide quality properties and a variety of budgets. Graham Hubner, 223 Alta Vista Drive, is a local resident who is part of the applicant investment group. He wants a quality development. In response to a question from Director Herrick, Aaron and Rose Cramblet stated that short- term rentals will not be allowed per the CCRs. Robert Hunt, 40 E Lake Fork Road, 19 -year resident of Valley County and a 30% owner of GFL Holdings. This is a well-done project and great team. Chairman Defoort asked for undecided. There were none. Chairman Defoort asked for opponents. Mike Dorris, 111 Finn Church Lane, has lived in area since 1956. He is very familiar with McCall Airport and owns Sawtooth Air Service. He is extremely concerned about the flight path over this proposed development; at least half -dozen plane crashes have occurred between Johnson Lane and the landing strip. Instrument approaches to McCall bring them to within 300 -feet of the ground. A clear zone is needed. City of McCall wants planes taking off to the south, over this property. He is very surprised the City of McCall has not commented on this proposal. The airport is a multi -million -dollar investment. Increasing housing in this area will impact the air traffic and thus the airport. Janelle Marolf, 13956 Norwood RD, is opposed due to the traffic on Norwood Road which has blind hills and dips. The roads in the area need to be improved; traffic has increased on Norwood RD and surrounding roads as people avoid the highway. Valley County Planning & Zoning Page 6 of 13 7/8/2021 Nancy Romero, 21 Crestview Lane, agrees with the previous concerns regarding the airport. Her husband was a prior manager of the Smokejumper Base. Both the McCall Airport and the USFS smokejumper and fire tanker planes. She is concerned with the airport and road safety and the long-term impact on wells in the area. Dale Eld, 6 Garden Lane, agrees with previous opposition comments. Water is not an indefinite resource and will be affected by high density subdivisions. Norwood Road is already a safety concern; increasing traffic will worsen the problem. As a retired pilot, he agrees that this area should be designated as a clear zone for the airport. If an engine goes out, such as on a large fire tanker, people will die. This is a poor location under the airport approach zone. All take offs and landings will go over this subdivision. There will be future complaint from residents on noise. This would hobble the future use of the McCall airport. Jackie Hurzeler, 197 Nisula Place, is third generation in Valley County. To repeat the previous mentioned noise concerns, there should be a required agreement that property owners cannot complain about the airport noise. Valley County Comp Plan states that there needs to be compromise between landowners and the airport so that both can mutually exist. It was not the intent of the family that sold this land to see it subdivided into small lots. She understands that homes are needed in the area. Market value is too high for locals to purchase. Water level and quality are concerns. One -acre lots are allowed by code but should be larger if on septic and wells to support responsible growth. Chairman Defoort asked for rebuttal from the applicant. Mr. Tankersley spoke about the "Cones of Depressions" for airports which are established by the Federal Aviation Administration (FAA) based on slope and topography. There is an airport master plan. Other homes and the McCall -Donnelly High School are in the flight paths. Airplanes are part of the local area. Staff stated that both the City Clerk and the Airport Manager were notified of this application by email. Mr. Tankersley discussed the roadway system. All county roads need repairs; the conditions of those roadways should not be a condition of this application. In the Transportation Plan, Norwood and Johnson Roads are considered key roadways. Traffic is distributed in all directions from this site. There is not just one roadway into the area. Road characteristics meet or exceed requirements of Valley County. The proposed lot sizes are bigger than in the nearby subdivision developments. Building height restrictions based on the airport "cone" would be included in CCRs. Chairman Defoort closed the public hearing. Valley County Planning & Zoning Page 7 of 13 7/8/2021 Staff confirmed notification to the City of McCall and the McCall Airport Manager of this application and public hearing. The distance between the airport property to northern proposed subdivision boundary is about 3786 feet. The Commission deliberated. Airplane traffic and topography of the area was discussed. Information on the "airport cone" was submitted in previous applications in the area but not included in this application packet. County roads were discussed. Chairman Defoort is very familiar with this area and likes this proposal. This proposed site is not the highest elevation in the area. She would like to confirm that the McCall Airport received the public hearing notice. She indicated the County Commissioners should be notified that road work on Norwood Road may need to be prioritized. Adding homes would increase property taxes and the additional revenue could go towards road maintenance. Regarding water table and lot sizes, the standard is 1 -acre to allow for increased number of homes; there is no reason to believe that proposed size is not safe. Commissioner Cooper stated that the water tables in Valley County are a concern as more development and subdivision are approved. What will happen at build -out? As an ex -pilot, the McCall airport is a concern. Take -offs are the most critical part of flying. Air traffic will continue to increase; he would like to hear from the airport manager before making a decision. Commissioner Benton agreed that the airport manager and the city of McCall should respond. No correspondence has been received. As a former pilot, he is aware of the cones and restrictions. Otherwise, the lots are similar to Carefree area. Chairman Defoort requests a letter specifically to McCall and the Airport Manager asking for specific response as whether or not they have any concerns. Does the FAA weigh in on applications and affect to airports? The "cone" information, submitted with previous applications, and structural height limits were discussed. Would the increase density change the results of the "cone"? The safety concerns were discussed. Chairman Defoort reopened the public hearing to allow new information. Staff displayed on the projector screen information on the airport "cone" from a previous application [C.U.P. 21- 02] (Exhibit 9). The LIDAR shows elevation at 5 -foot intervals. Director Herrick stated that if the Commissioners desire to get input from McCall and the McCall Airport, then they should leave the public hearing open and table to specific date and time. Chairman Defoort and Commissioner Cooper would like to hear back from McCall airport manager, the city, and the FAA. Further context of the "cone" is needed. Mr. Tankersley referred to Exhibit 9 on the screen; colors represent how much the topography penetrates into the approach cone and uses a slope line to show closeness to the ground. There is a safety zone. The green -colored area is 20-25 feet from penetration of the approach slope. Valley County Planning & Zoning Page 8 of 13 7/8/2021 The McCaII Airport is an FAA airport and will not want to jeopardize that. Existing cone was discussed. The Clara Foltz ditch is visible on the map. CCRs will include restrictions to meet height restrictions into the "cone". Daylight basement and flat roofs will limit the height of buildings. The Commissioners looked at the different maps shown and would like clarification and context for this particular site. Valley County building height limit is an average of 35 feet. COA: Should verify with McCall Airport Manager height restrictions for building or landscaping. Commissioner Benton likes the overall plan of the subdivision. He does want to hear from the McCall Airport Manager. Staff needs a letter from City of McCall to approve this subdivision in this location providing there are limitations on building in the CCRs. Aaron Cramblet stated that prior to purchasing the property they researched the site and are well aware of the height limitation requirements on structures. Director Herrick referred to the airport overlay in Valley County Code [9-6-3] that includes a specific overlay for Cascade Airport; the section for the McCall airport overlay is "reserved for future needs". Is this site outside the various zones? Commissioner Thompson wants more information. However, he is okay with approving a condition of approval and moving forward with the process. COA — prior to any work being done on site, we need to receive a letter from McCaI1 Airport manager, Airport Engineer, or the FAA concerning overlay zone With this development and height restrictions. If not favorable to development, will be brought back to Planning and Zoning Commission in a properly -noticed public hearing. What constitutes "favorable" was discussed by Commissioners. Chairman Defoort stated that public comments will be taken in response to the new information. Chairman Defoort asked for proponents. There were none. Chairman Defoort asked for undecided. There were none. Chairman Defoort asked for opponents. Dale EId, 6 Garden Lane, drew on the white board (Exhibit 10). The pictures were for Approach lanes, not take -offs. Drawing of cone red area — encroaching on approach. Different for take- offs, depending on weather, heat, and density of air, and type of plan. Aircraft limited, concerns with engine loss over homes. Valley County Planning & Zoning Page 9 of 13 7/8/2021 Nancy Romero stated they also should reach out to smokejumper base manager. Mike Dorris, 111 Finn Church LN, discussed limiting the airport will negatively affect smokejumper / tanker planes. Loss of this use will be very negative to McCall area. Very concerned about planes crashing into these homes in the future. He spoke to past plane crashes in this area. Jackie Hurzeler, 197 Nisula RD, stated they should go to the experts, including FAA, to get the information. Robert Bryant, state this is a ludicrous location. It is low altitude; the water issue is being disregarded. The water driller comment was an "opinion"; should have response from Idaho Department of Water Resources. Gregg Tankersley made suggestions about possible conditions of approval. Chairman Defoort closed public hearing. Discussion ensued concerning the impact of the airport, definition of clear zone, response from FAA and the City of McCall. The Commission wanted to approve but were hesitant due to airport issues. Director Herrick reminded them this is a long-term decision; it will be there forever. Commission agreed to reopen public hearing in order to table this matter to the August meeting in order to receive information from City of McCall Airport or Toothman-Orton, FAA, and Payette National Forest. Chairman Defoort re -opened the public hearing. Applicant stated they would prefer an approval with conditions. Discussed possible conditions. Director Herrick commented that if applicant is confident that response will be favorable, they can continue and submit Site grading and stormwater plans to Valley County Engineer. The applicant would continue moving forward at their risk of a denial. The public hearing on August 12, 2021, would be only for additional information and testimony concerning airport overlay issues. Commissioner Freeman moved to table C.U.P. 21-15 360° Ranch Subdivision to August 12, 2021, at 5:30 p.m. Commissioner Cooper seconded the motion. Motion carried unanimously. 9:18 p.m. Valley County Planning & Zoning Page 10 of 13 7/8/2021 From: Katie Deschamps <katidesc@gmail.com> Sent: Thursday, July 1, 2021 9:28 AM To: Cynda Herrick <cherrick@co.valley.id.us> Subject: C.U.P. 21-15 360 Ranch Subdivision Dear Ms Herrick am writing to vehemently oppose the proposed subdivision along Norwood Rd. These lots have already been subdivided to allow multiple dwellings in a once open and quiet area. We've already experienced an increase in noise from off -road vehicles and motorcycles from new residents of these properties. If this proposition were allowed, the traffic on Norwood and Johnson would far exceed what these road can sustain. They already have to be filled in every year for the number of potholes are an embarrassment to the county. These roads are narrow, two lane country roads that were never intended to lead to a subdivision of 20 homes, plus the existing lots around the proposed area. As a resident of Norwood Rd, my greatest concern is of the health of the existing aquifer. With each new residence drilling their own well, this will dramatically strain the aquifer. Multiple residence have already experience their wells going dry for a period of time this year, and increasing the demand will only exponentially increase the problem. Furthermore, when the existing residences were built in this area, the distance required to access the aquifer was likely standard. If this proposition is approved and allowed to put an increase demand on the aquifer, all of the existing residents may be forced to drill their wells even deeper, costing tens of thousands of dollars that most of these long time residents would not be able to afford. Is GFL Holdings prepared to pay for all of these deeper wells or have they only thought about their own profit? This proposition is the epitome of wealth of a few individuals over the health of a community. I'm willing to bet my farm on the fact that GFL Holdings has no personal investment in our neighborhood or community of McCall. Are they also investing in the infrastructure needed to support all these new residents and properties? Are they supporting the local businesses by investing in low income housing for workers? Are they supporting our local community of families by providing more options for childcare? Have they proposed anything that profits the community more than themselves? Approving this proposition would be an extraordinary and appalling mistake, insulting and disregarding the health of a community and the locals so that a few wealthy men can line their pockets and move on to the next small town to develop. These types of propositions are destroying our town by forcing growth that our infrastructure simply cannot support. I advise you to strongly consider these factors when making your decision. Our local communities and residents are the heart of this county and town. Please don't turn your back on your constituents for a few quick bucks. Sincerely, Katie Deschamps Norwood Resident and McCall local EXHIBIT CUP al-ir Z 7-'- -LA From: Art Troutner <atroutner@hotmail.com> Sent: Thursday, July 1, 2021 12:27 PM To: Cynda Herrick <cherrick@co.valley.id.us> Subject: CUP 21-15, 360 degree Ranch This application seems to lacking some information required by Idaho Statute Title 31, Chapter 38: 31-3805. 1. According to the statute the plat map should show a "suitable system" for delivering water to each lot in the subdivision if the subdivision is in an irrigation district and has a right to the water. This particular subdivision is located within the "Lake Irrigation District" and does have shares of water. The information provided by the county for approval do not show any method for the delivery of Irrigation District water to the lots of the subdivision. As an aside: If a parcel has shares of water from an Irrigation District then irrigating from ground water for anything more than a half acre of a domestic homesite is disallowed. 2. The lack of a planned or built delivery system for water within subdivided parcels within Irrigation District lands is a recurring problem. Many purchasers of land within Irrigation Districts are not aware of the many over laying rules that apply to lands within Districts. By the same above mentioned Statute the purchasers of lands within Districts are to be informed of the fact that whether the purchaser uses his allotted water or not they will be assessed for the water and are responsible to pay the assessments. The assessment is a lien on the land. 3 .Also by the above Statute a signed statement by the purchaser, provided by the seller at the time of receipt of earnest money, acknowledging the rules pertaining to ownership within Irrigation District lands shall be forwarded to the Irrigation District. It would appear that the above listed conditions have not yet been met. Thank you for your time, Arthur Troutner Chairman, Valley Soil and Water Conservation District EXHIBIT.2 Ijiho 5 Ao,Z..._ 7-8'l 21. LAKE IRRIGATION DISTRICT PO BOX 3126 MCCALL ID 83638 July 8, 2021 Valley County Planning and Zoning Commission PO Box 1350 Cascade, ID 83611 Re: C.U.P. 21-15 360* Ranch Subdivision To Whom It May Concern; The land on which this permit is being requested is within the Lake Irrigation District, and does have district water assigned to the parcel. A delivery lateral along with the delivery canal does run through the property, in which Lake Irrigation District does have an easement/right of way. 1. An irrigation easement includes the irrigation facility and enough land along banks to allow access for operation, cleaning, maintenance, and repair. Idaho statue 42-1209 prohibits the placement of any encroachment within an easement without approval from the irrigation district. 2. Any water run off from pavement, etc. cannot enter into an irrigation facility/ditch by law. 3. When a parcel of land is divided that has Lake Irrigation District water, the developer must designated how they wish it to be split, per Idaho code 31-3805, and present it to the district board for approval. 4. When water rights exist, the Lake Irrigation District board highly recommends that the developer take this into consideration and provide a way for land owners to use the designated irrigation water. In the event this does not happen, per Idaho code 31-3805, a disclosure statement stating such must be included in the sale agreements. For questions, feel free to contact John Leedom 634-9672 or Shirley Florence 634-9235. Thank you for your time in this matter. Shirley Florence Secretary EXHIBIT 1 alp 67/-15 Jo z 7-8,-- z From: Garrett de Jong <garrett@mccallfire.com> Sent: Thursday, July 1, 2021 3:26 PM To: Cynda Herrick <cherrick@co.valley.id.us> Subject: CUP 21-15 360 Ranch Subdivision CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Cynda, The roadway needs to meet Valley County road standards and have a minimum unobstructed width of 20 feet, exclusive of shoulders, shall not exceed 10% in grade, and shall have an approved turnaround installed (503, 2018IFC). In lieu of meeting the fire flow requirements in Appendix B of the 20181FC (International Fire Code), 30,000 gallon water storages tank for fire protection shall be installed in accordance with NFPA 22, inspected, and made operable prior to building construction (501.4, IFC2018). Water tanks shall be located within 1,000 feet of each property as measured along the access road. Roads and water supply for fire protection shall be installed, inspected, and made operable prior to building construction (501.4, 1FC2018). Garrett de Jong Fire Chief - McCall Fire & EMS "Excellence Driven -- Impactful Service" 'o•CodeRED' Keeping citizens informed. EXHIBIT 1 From: T R <reeset208@gmail.com> Sent: Thursday, July 1, 2021 4:43 PM To: Cynda Herrick <cherrick@co.valley.id.us> Subject: C.U.P. 21-15 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Attention: Valley County Planning and Zoning Commission I do not believe that CUP 21-15 should be approved. I am concerned that there will be too many wells and septic systems within too small of an area. Has there been proper studies regarding septic drain field potential and water table viability? The water table which we have taken for granted will no longer be so stable when 20 "mini -ranches" start pulling from it to create the visions city people have for these spaces. My guess is that water conservation will not be top of their minds — current drought conditions or otherwise! If this is approved there is no way to monitor and encourage conservation. 20 homes are better suited to smaller lots with access to centralized water and sewer - where use can be properly managed. Please, exercise your powers and work to slow the growth which is irreversibly changing our Valley County landscapes, skylines, and resources at this unsustainable pace. Thank you, Travis Reese 361 Moon Drive, McCall EXHIBIT 5- 1(1160 02/15 P Z 7$-2! From: danrussman@aol.com <danrussman@aol.com> Sent: Thursday, July 1, 2021 12:12 PM To: Cynda Herrick <cherrick@co.valley.id.us> Subject: C.U.P. 21-15 Attention: Valley County Planning and Zoning Commission I am concerned to C.U.P. 21-15 360° Ranch Subdivision Preliminary Plat. The lot sizes seem to be small for this development location. Not necessarily the lot sizes, but the congestion of 20 together. I would be concerned about the water table being affected by the new wells being added in such close proximity. Is there any testing or evaluation as to how the water table could be compromised at this location or even in other areas farther away? Also the density of drain fields in such a 'wet' area. Does this area meet perc testing to handle the drain fields? I'm aware, that with the growth in this area, most land around here is going to get developed one way or another. This development could set a precedence of more large lots being subdivided into smaller lots. The rural country feel would start to be compromised turning into dense subdivisions. We don't want to start looking like West Donnelly! Also of concern is these residences will be in a flight path. Next will be complaints from residents about the noise for an airport that already exists. Thank you for your time. Dan Russell McCall, ID EXHIBIT Cu 2115 ia-z---- - From: DA Reese <reese.darcy@gmail.com> Sent: Thursday, July 1, 2021 5:06 PM To: Lynda Herrick <cherrick@co.valley.id.us> Subject: Valley County Planning and Zoning Commission C.U.P. 21-15 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Attention Valley County Planning & Zoning: am writing in opposition of the C.U.P. 21-15 360' Ranch Subdivision. The overgrowth, split & division of Valley county pasture land, especially in the Norwood area is beyond reasonable. At the current traffic rate Norwood/Mission road has become almost impassable due to the road conditions. Potholes, broken road edges due to the narrow width, are unacceptable now let alone with more traffic. Mission Road (in front of the SmokeJumper Base all the way to Dei;nhard Lane) is in horrendous shape. Added vehicle traffic will only make this worse. Will this road repair ever happen? I was informed years ago that it 'was to be the next on the list' to be repaired_ It's still not done. Please ensure a proper traffic study is complete. Thank You! Darcy Reese EXHIBIT 7 From: nancyr@frontiernet.net <nancyr@frontiernet.net> Sent: Saturday, July 3, 2021 3:33 PM To: Cynda Herrick <cherrick@co.valley.id.us> Subject: C.U.P. 21-15 360 Ranch Subdivision Preliminary Plat I am writing to voice my concerns over the planned C.U.P. 21-15 360 Ranch Subdivision off Norwood road. As a long term resident of Norwood Road and the mother of teenagers I have several concerns with the proposed subdivision as listed below. 1. Traffic on Norwood. There has been a steady increase in traffic on Norwood. This road is used by many road bicyclist as well as children riding their bikes to school. The blind hill on Norwood just South of Moonridge Drive is an especially dangerous location with no shoulder. I have witnessed people passing a slower vehicle on this hill as traffic has increased over the years. Adding another 40+ vehicles to the daily use of this road is a danger to all. 2. Multiple septic tanks on 1 acre lots. No environmental assessments have been done, to my knowledge, on the location to determine what is a safe number of septic tanks that can be placed in this area without adversely affecting the water table we all share. The city sewer system is at capacity and taping into that is not an option. I found a Sunnyside subdivision in Idaho Falls that was approved in 1999 for 28 lots on 1.5 acres with septic tanks. By 2020 they had reached the capacity of the septic system. Let's not create that problem in Valley County. This was found on the Idaho DEQ site. 3. Infrastructure. McCall - Donnelly schools have reached capacity, even with the new bond issue that recently passed. An additional 20 family homes will add students we can not support. 4. Vision For The Future. Valley County needs to pause and create a vision for the future. What do we want our beloved community to look in 5, 10 and 20 years from now. Approving every development without a plan for the future will leave our beloved community forever changed. P.S. I will watch with keen interest on how my elected officials vote on this issue and vote accordingly in the next election. Thank You! Nancy and Frankie Romero ®mMUM '.• RAZ PPRO AOU I -• .... ..m ROFA --•-^ PAWN' — Aloe Ron „W/3 WWF. 1:, _. ,. — Ryl, U PPEWRIE,CIITARAM= 16 EXHIBIT C, P7- 7 -2--1 a !A MO R W V L EY COWRY NUMMI oEPAWUR E 4 I 77 AIRPORT PW1U@fT 5•FOO T CONTOU RS WU OR JUROR NOTE 1: PARCEL 30 LOCATION IS BASED ON APPROXIMATE LOCATION OF THE MCCALL RANCH - PRELIMINARY CONCEPT MAP, SKIFTON LAND SURVEYING INC. NOTE 2: AIRSPACE SURFACE ANALYSIS WAS CO MPLETED USING 2012 UDAR DATA TITLED ' PAYETTE RIVER PH ASE II, IDAHO' FR OM FEMA CASE NUMBER: 11-10.01055 MEETIN G ACCURACIES FOR 2 -FOOT CONTOUR INTERVALS. NOTE 3: NO FIELD WORK HAS BE EN COMPLETED BY T -O ENGINEERS TO VERIFY THE ACCURACY OF THE 2012 UDAR SURVEY OTHER THAN COMPARING RUNWAY 34 ELEVATION. NOTE 4: ELEVATIONS ARE BASED ON GROUND FEATURES, NO ABOVE GROUND FEATURES HAVE BEEN ANALYZED FOR OBSTRUCTIONS. O rs 0 Oz o -q Qc C7 -. Z a XN�( w RATE OCT a= PROJEC T/WOOD ,: 5 Z!N7a!i1J MM2RB NOTE 1: PARCEL 30 LOCATION IS BASED ON APPROXIMATE LOCATION OF THE MCCAU. RANCH - PRELIMINARY C ONCEPT MAP, SKIFTON LANG SURVEYING INC. NOTE 2 AIRSPACE SURFACE ANALYSIS WAS CO MPLETED USING 2012 UDAR DATA TITLED ' PAYETTE RIVER PHASE II, IDAHO' FROM FEMA CASE NUMBER: 11.1001055 MEETIN G ACCURACIES FOR 2 -FOOT CONTOUR INTERVALS. NOTE 3:140 FIELD WORK HAS BEEN COMPLETED BY T- 0 ENGINEERS TO VERIFY THE ACCURACY OF THE 2012 UDAR SURVEY OTHER THAN COMPARING RUNWAY 34 ELEV ATION. NOTE 4: ELEVATIONS ARE BASED ON GROUND FEATURES . NO ABOVE GROUND FEATURES HAVE BEEN ANALYZED FOR OBSTRUCTIONS. 6 3a ° t 8-1-1 8-1-2 c c ( SECTION: 8-1- 1: 8-1- 2: 8-1- 3: 8-1- 4: 8-1- 5: 8-1- 6: 8-1- 7: 8-1- 8: 8-1- 9: 8-1-10: 8-1-11: CHAPTER 1 AIRPORT ZONING Short Title Definitions Zones Height Limitations Use Restrictions Nonconforming Uses Permits Conflicting Regulations Enforcement Appeals Penalty 14144;7; d4 %/Vie g 8-1-1: SHORT TITLE: This chapter shall be known and may be ALLEY COUNTY AIRPORT ZONING ORDI- 8-1-2: DEFINITIONS: As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section, unless the context otherwise requires: ADMINISTRATOR: The official designated by the board of county commissioners to administer this chapter. AIRPORT: The McCall Municipal Airport. AIRPORT ELEVATION: The established elevation of the highest point on the usable landing area. AIRPORT HAZARD: Any structure, tree or use of land which obstructs the airspace required for, or is other - Valley County 8-1-2 8-1-2 wise hazardous to, the flight of aircraft in landing or taking off at the airport. AIRPORT REFERENCE POINT: The point established as the approximate geographic center of the airport landing area and so designated. BOARD: The board of county commissioners of Valley County, Idaho. COMMISSION: The Valley County planning and zoning commis- sion. HEIGHT: For the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, the datum shall mean sea levet elevation unless otherwise specified. LANDING AREA: The area of the airport used for the landing, taking off or taxiing of aircraft. NONCONFORMING Any preexisting structure, tree or natural growth USE: or use of land which is inconsistent with the provisions of this chapter or an amendment thereto. RUNWAY: The paved surface of an airport landing strip. STRUCTURE: An object constructed or installed by man, including, but without limitation to, buildings, towers, smokestacks, and overhead transmis- sion lines. TREE: Any object of natural growth. UTILITY RUNWAY: VISUAL RUNWAY: A runway that is constructed for and intended to be used by aircraft of twelve thousand five hundred (12,500) pounds' maximum gross weight and less, excluding turbo jet powered aircraft. A runway intended solely for the operation of aircraft using visual approach procedures, with no existing instrument procedure and no instru- Valley County 8-1-2 8-1-3 ment designation indicated on a federal aviation administration or military service approved airport layout plan, or by any other FAA or military planning document. (Ord. 74-4, 10-15-1974) 8-1-3: ZONES: In order to carry out the provisions of this chapter, there are hereby created and established certain zones which include all of the land lying within the noninstrument approach zone, transition zone, horizontal zone and conical zone. Such areas and zones are shown on the McCall Municipal Airport zoning map consisting of an airport vicinity map with topographic contours, one sheet, prepared by Philip Marshall, civil engineer, and dated February 14, 1974, which is attached to the ordinance codified herein, and made a part hereof. The various zones are hereby established and defined as follows: A. Visual Approach Zone: A visual approach zone shall have a width of two hundred fifty feet (250') at a distance of two hundred feet (200') beyond each end of the runway, widening thereafter uniformly to a width of one thousand two hundred fifty feet (1,250') at a distance of five thousand feet (5,000') beyond each end of the runway, its centerline being the continuation of the centerline of the runway, and has a slope of twenty to one (20:1). B. Transitional Zone: These zones extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of seven to one (7:1) from the sides of the primary zone and from the sides of the approach zones. C C. Horizontal Zone: A horizontal plane one hundred fifty feet (150') above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary zone of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is five thousand feet (5,000') for all runways designated as utility or visual. The radius of the arc specified for each end of the runway will have the same arithmetical value. D. Conical Zone: A zone extending outward and upward from the periphery of the horizontal zone at a slope of twenty to one (20:1) for a horizontal distance of four thousand feet (4,000'). E. Primary Zone: A zone longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary zone Valley County 8-1-3 8-1-4 extends two hundred feet (200') beyond each end of that runway; but when the runway has no specially prepared hard surface, the primary zone ends at each end of the runway. The elevation of any point on the primary zone coincides with the elevation of the nearest point on the runway centerline. The width of a primary zone is two hundred fifty feet (250') for utility runways having only visual approaches. F. Approach Zone: A zone longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary zone. An approach zone is applied to each end of each runway based upon the type of approach available or planned for that runway end. 1. The inner edge of the approach zone is the same width as the primary zone and it expands uniformly to a width of one thousand two hundred fifty feet (1,250') for that end of a utility runway with only visual approaches. 2, The approach zone for utility runways with a visual approach extends for a horizontal distance of five thousand feet (5,000') at a slope of twenty to one (20:1). 3. The outer width of an approach zone to an end of a runway will be that width prescribed in this subsection for the most precise approach existing or planned for that runway. (Ord. 74-4, 10-15-1974) 8-1-4: HEIGHT LIMITATIONS: Except as otherwise provided for in this chapter, no structure or tree shall be erected, altered, or allowed to grow, or maintained in any surface created by this chapter to a height in excess of the height limit herein established for such zone. Such height limitations are hereby established for each of the zones in question as follows: A. Visual Approach Zone For Utility Runway: One foot (1') in height for each twenty feet (20') in horizontal distance beginning at a point on and at the centerline elevation of the end of the runway and extending to a point five thousand feet (5,000') from the end of the runway. B. Transitional Zone: These zones extend outward and upward at right angles to the runway centerline and the runway centerline extended Valley County 8-1-4 8-1-6 O c c at a slope of seven to one (7:1) from the sides of the primary zone and from the sides of the approach zones. C. Horizontal Zone: A horizontal plane one hundred fifty feet (150') above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary zone of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is five thousand feet (5,000') for all runways designated as utility or visual. The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway when a five thousand foot (5,000') arc is encompassed by tangents connecting two (2) adjacent ten thousand foot (10,000') arcs. The five thousand foot (5,000') arc shall be disregarded on the construction of the perimeter of the horizontal zone. D. Conical Zone: A zone extending outward and upward from the periphery of the horizontal zone a slope of twenty to one (20:1) for a horizontal distance of four thousand feet (4,000'). E. Excepted Height Limitations: Nothing in this chapter shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to thirty feet (30') above the surface of the land. Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail. (Ord. 74-4, 10-15-1974) 8-1-5: USE RESTRICTIONS: Notwithstanding any other provisions of this chapter, no use may be made of land within any zone established by this chapter in such a manner as to: a) create electrical interference with radio communication between the airport and aircraft; b) make it difficult for fliers to distinguish between airport lights and others, result in glare in the eyes of fliers using the airport; c) impair visibility in the vicinity of the airport; or d) otherwise endanger the landing, taking off, or maneuvering of aircraft. (Ord. 74-4, 10-15-1974) 8-1-6: NONCONFORMING USES: A. Regulations Not Retroactive: The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or other changes or alterations of arty structure or tree not conforming Valley County 8-1-6 8-1-7 to the regulations as of the effective date hereof, or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration, or intended use of any structure the construction or alteration of which was begun prior to the effective date hereof and is diligently prosecuted. 8. Marking And Lighting: Notwithstanding subsection A of this section, the owner of any nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the director to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of McCall Municipal Airport. (Ord. 74-4, 10-15-1974) 8-1-7: PERMITS: A. Permit Required; Exceptions: 1. Permit Required: Except as specifically provided in the following subsections, no material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determinations is in the affirmative, the permit shall be granted. 2. Exceptions: a. In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any tree or structure less than seventy five feet (75') of vertical height above the ground, except, when because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zone. b. In the areas lying within the limits of the noninstrument approach zones but at a distance of not less than five thousand feet (5,000') from each end of the runways, no permit shall be required for any tree or structure less than seventy five feet (75') of vertical Valley County 8-1-7 8-1-7 0 l ( height above the ground, except when such tree or structure would extend above the height limitation prescribed for such noninstrument approach zone. c. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than seventy five feet (75') of vertical height except when such tree or structure, because of terrain, land contour, or topographic features would extend above the height limit prescribed for such transitional zones. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limits established by this chapter except as set forth in section 8-1-4 of this chapter. B. Existing Uses: No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure, or tree to be made or become higher, or become a greater hazard to air navigation, than it was on the effective date hereof or any amendments hereto, or that existed when the application for a permit was made. Except as indicated, all applications for such a permit shall be granted. C. Nonconforming Uses Abandoned Or Destroyed: Whenever the administrator determines that a nonconforming structure or tree has been abandoned or more than eighty percent (80%) torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. D. Variances: Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property not in accordance with the regulations prescribed in this chapter, must obtain a permit from the administrator authorizing such action. Such variances shall be allowed where literal application or enforcement of this chapter would result in practical difficulty and unnecessary hardship and the relief granted would not be contrary to the public interest or create hazards to air flight. Any special permits may be allowed subject to such reasonable conditions as the administrator may deem necessary to effectuate the purposes of this chapter, including the condition that the owners of the structure or tree in question permit the political subdivision of this state having an interest in the McCall Municipal Airport to install, operate, and Valley County 8-1-7 8-1-10 maintain, at its own expense, such markers and lights as may be necessary to indicate to fliers the presence of an airport hazard. (Ord. 74-4, 10-15-1974) 8-1-8: CONFLICTING REGULATIONS: Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same are, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern or prevail. (Ord. 74-4, 10-15-1974) 8-1-9: ENFORCEMENT: It shall be the duty of the administrator to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the administrator upon a form furnished by him. Applications required by this chapter to be submitted to the administrator shall be promptly considered and granted or denied by him. (Ord. 74-4, 10-15-1974) 8-1-10: APPEALS: A. Decision Of Administrator: Any person aggrieved or any taxpayer affected by any decision of the administrator may, within ten (10) days from the date of such decision, appeal to the commission by filing such appeal with the administrator in writing, setting forth the grounds therefor and such administrator shall forthwith transmit such appeal together with all pertinent documents, to the commission. The commission shall, within thirty (30) days after receipt of such appeal and after ten (10) days' notice to all parties in interest, hear such appeal and within ten (10) days thereafter shall render a written decision thereon. B. Decision Of Commission; Requirements: Appeals from the decision of the commission may be taken to the board of county commissioners with the same requirements as provided for appeals to the commission. C. Manner Of Taking Appeal: Appeals from the decision of the board of county commissioners shall be taken in the manner provided by law. (Ord. 74-4, 10-15-1974) Valley County 8-1-11 8-1-11 8-1-11: PENALTY: Each violation of this chapter, or of any regula- tion, order, or ruling promulgated hereunder shall constitute a misdemeanor and shall be punishable as provided in section 1-4-1 of this code, and each day a violation continues to exist shall constitute a separate offense. (Ord. 74-4, 10-15-1974; amd. 2011 Code) O c Valley County Idaho Dept. of Water Resources Website: 8/4/2021 Excerpt from the IDAHO COMPREHENSIVE STATE WATER PLAN - Payette River Basin: "Significant ground water resources exist in the deep valley fill of the Long Valley -Round Valley area. Important aspects of the geologic framework that control the natural ground water hydrology are the steep granitic mountains in fault contact with a very thick (depth to 7.000 feet) accumulation of sedimentary materials in the valley (Kinoshita, 1962) . The upper hundred feet of Long Valley fill is comprised of sandy glacial outwash material, river alluvium. and minor amounts of finer -grained sediments of fomier boggy areas now buried. These sandy surficial materials have relatively high vertical and lateral permeability. Natural water tables are typically 10 to 20 feet deep beneath much of the main valley floor, and only a few feet above the elevation of the perennial streams that have cut narrow flood plains 10 to 50 feet into the outwash surfaces (U. S . Forest Service, et al., 1990). Ground water deeper than 100 feet may be confined and vertically separated from the shallow ground water by clay and silt layers. Geophysical logs indicate that the vertical permeability of the deep aquifers is very low . Ground water recharge in Long Valley Round Valley is from downward percolation of precipitation and snowmelt, runoff from surrounding uplands, and leakage from Payette Lake, Cascade Reservoir, and the North Fork Payette River and its tributaries. Irrigation raises the water table as close as ten feet to the surface along ditches and laterals, or where fields are flood irrigated. " Extracted by: Cynda Herrick, VC Planning and Zoning Director Subject: RE: Valley County groundwater CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Attached are the data and hydrographs from the three wells I monitor in Valley County. While each well shows a slight increase in depth to water (water table becoming deeper), my colleagues and I do not find reason for concern at this point for Valley County groundwater availability. The high precipitation, with a large portion as snowfall, and underlying geologic conditions where aquifers exist in the area, glacial till with high permeability, result in fairly rapid recharge of groundwater in the region. With only three wells being monitored for water levels, it would be beneficial to add another well to our network. If you are aware of a well we could monitor, I would like to add it to the network if it is appropriate (depending on access, well depth, location, etc.). Please let me know if you have any questions or requests. Best, Gus <Gus.Womeldoroh@idwr.idaho.eov> S PF Water Engineering, LLC water resource consultants July 8, 2006 Jim Fronk Secesh Engineering, Inc. 335 Deinhard Lane McCall, ID 83638-4703 Subject Pearson Comers Subdivision Water Supply Assessment Dear Jim, The purpose of this letter is to clarify conclusion #9 in the above -referenced report, in which I stated that "based on our analysis, it is unlikely that new pumping for domestic purposes at the Pearson Comers Subdivision will injure existing water users with wells at a distance of approximately 1,200 feet from the Pearson Comers Subdivision: The 1,200 -foot distance used in the analysis was in reference to neighboring water users that had expressed concern about pumping at the Pearson Corners Subdivision (e.g., Dr. Scott Harris). The 1.200 -foot distance does not imply that we anticipate injury at distances of less than 1,200 feet. The fundamental result of the Theis analysis was that a single, hypothetical well located at the center of the Pearson Corners property pumping at 8.9 gpm (the estimated average, aggregate withdrawal rate needed to supply 300 gallons per day per home for domestic purposes and irrigation of up to 4,000 ft2 per lot) for 6 months would have a limited Impact (1-2 feet) on ground water levels in the adjoining area. There are several reasons that the actual water level impacts would likely be less than this estimate. First, new pumping at the Pearson Corners Subdivision would not occur from a single well but would be spatially distributed in individual wells throughout the property. Second, pumping zones for individual wells will likely vary by depth, which distributes the impact among multiple aquifer zones. Third, and perhaps most importantly, the effects of aquifer recharge (which is likely substantial and which was not taken into account in the above analysis) would reduce the potential impact associated with new withdrawals. In summary, based on this analysis I think it is unlikely new pumping for domestic purposes and for limited residential irrigation will injure existing water users in the general vicinity of the proposed subdivision. Sjrtcerely, Christian R. Petrich, Ph.D., P.E., P.G. Principal Engineer/Hydrologist a 600 East River Park Lane, Suite 105. Boise. Kano 83706 Te 2 8 383-4140 Fax; 206-383-415 From: Lisa Mohler <lisamohler47@gmail.com> Sent: Friday, July 30, 2021 3:35 PM To: Cynda Herrick <cherrick@co.valley.id.us> Subject: 360 ranch C.U.P Aug. 12th meeting Lisa Mohler - Johnson Lane - Lakefork ID To P&Z Commissioners; Strongly Oppose 360 Ranch Airport issues - On Monday July 26, 2021 !watched from my front yard the twin propeller helicopter with bucket take off over proposed 360 Ranch site, as it rose the wind from the west hit it and the chopper had to dip twice to keep from going down. This is just one of many airport plane mishaps l have watched in the 26yrs of living and watching the airport air right of way. The majority of Plane ditching during landing and take off is in the 360 Ranch land. Norwood / Johnson Lane Traffic - In the last year the traffic flow of dump trucks, delivery trucks from Franklin Lumber, locals using the back road (Johnson to Norwood to Mission) has increased by 40%. This traffic pattern will get worse when the High School is back in session. With 2 other approved subdivisions and then add in vehicles from 360 Ranch (at least 40 or more vehicles) plus Bus stops the traffic will extremely increase. A one day report on traffic flow does not reflect a true picture. Due to Mission hill a 365day traffic flow report is a must to make a truly informed decision. Clara Foltz Ditch - This is a crime scene waiting to happen. When the water is running it is a very inviting place to go tubing, jump off a bridge to get cooled off, throw for the dog, and anything else a child could imagine. I know these comments are after the July 17th meeting but since the decision to table the 360 Ranch C.U.P and after listening to the meeting ( which was very hard to hear all comments clearly) I felt these items needed a closer look. Please do not allow any of this project to proceed. Lisa Mohler Johnson Lane Lakefork ID Fwd: August 8, 2021 meeting Elt Hasbrouck <ehasbrouck@co.valley.id.us> Tue 8/3/2021 3:13 PM To: Cynda Herrick <cherrick@co.valley.id.us>; Brian Oakey <boakey@co.valley.id.us> More FYI Begin forwarded message: From: Elt Hasbrouck <ehasbrouck@co.valley.id.us> Date: August 3, 2021 at 3:12:47 PM MDT To: Cynda Herrick <cherrick@co.valley.id.us>, Brian Oakey <boakey@co.valley.id.us> Subject: Fwd: August 8, 2021 meeting FY1 Begin forwarded message: From: bryantr@frontiernet.net Date: August 3, 2021 at 10:58:20 AM MDT To: Lisa Mohler <Iisamohler47@gmail.com> Cc: Elt Hasbrouck <ehasbrouck@co.valley,id.us>, bryantr@frontiernet.net Subject: RE: August 8, 2021 meeting CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Elt, also sat in and commented on the July 8, 2021 CUP hearing, particularly regarding the 360 Subdivision hearing. I have been looking for the minutes to the meeting on the P&Z portion of the Valley County website but they still are not available as of this morning. Given that we don't have those minutes to review, I concur with Lisa Mohler that what was said by Johanna was accurate and definitely not reflective of the homeowner's opinions along Johnson Lane. I certainly agree to the points brought up below by Lisa Mohler, but I also came away with a feeling that Johanna may have overstepped her responsibility to be an impartial and prudent reviewer of this particular CUP application. Johanna's comment, regarding overflights, left me with the opinion that she is not impartial and may have put herself in a position where she should remove herself (or be removed) from the decision -making process on this CUP application. On a related matter, I have been setting in on more and more CUP application hearings, and a discouraging common thread 1 am seeing is aquifer issues/questions are being brought up but are failed to being addressed by P&Z. I can go on much more about this but we don't need to wait until wells start running dry before P&Z starts to adequately address this issue. A well drillers opinion is only that, an opinion of how to drill a well and not scientific knowledge of how growth in our valley will affect aquifer issues(quantity and quality). Idaho Department of Water Resources is a good starting point to address these questions, but thus far they are not being used by P&Z to address this critical issue. I intend for my comments above to be used to make sure the voices of those of us who have lived here for more than a few years are heard and we can maintain the quality of life, into the future, that we all cherish in this area. We have the knowledge, we have precedent as to what is happening in our county. Let's use it to manage for smart and sustainable growth. From: Lisa Mohler <lisamoh1er47@gmail.com> Sent: Monday, August 2, 2021 1.40 PM To: bryantr@frontiernet.net Subject: Fwd: August 8, 2021 meeting --- Forwarded message From: Lisa Mahler <1isamohler477gmail.com> Date: Fri, Jul 30, 2021 at 7:19 PM Subject: Re: August 8, 2021 meeting To: Elt Hasbrouck <ehasbrouckPco,valley.id.us> I didn't want to point fingers but since you asked. Now this hurts our neighbors as much as it hurts us. Johanna was making comments about living on Johnson Lane from when she lived here over a year ago. A Lot has changed since Judd passed,her comments were; " Oh there's no problem with the airport. It was fun watching planes come and go. There was never a crash or mishap when I lived there. Johnson Lane is a quiet road just like Norwood. My kids and I often rode into town." Truth is she was hardly home. I live right next door. This is not a gripe. My neighbors feel the same way. We were truly hurt by her response.I know those 2 comments are weak but there were more. She definitely made us feel that we have no support from the County. And the big one was she tried to just push 360 Ranch threw. No, we need to think about problems concerning the people who live here. It was an I don't care attitude. She also related to Hunt's 30% of ownership and felt the whole subdivision just needed to be passed so he could start making money. We wish you could hear comments, but we know you are a busy man. It was Cinda who said that this needs to be tabled. Lisa Mohler 1 have also included my current comments on 360 Ranch. Lisa Mohler - Johnson Lane - Lakefork 1D To P&Z Commissioners; Strongly Oppose 360 Ranch Airport issues - On Monday July 26, 2021 I watched from my front yard the twin propeller helicopter with bucket take off over proposed 360 Ranch site, as it rose the wind from the west hit it and the chopper had to dip twice to keep from going down. This is just one of many airport plane mishaps I have watched in the 26yrs of living and watching the airport air right of way. The majority of Plane ditching during landing and take off is in the 360 Ranch land. Norwood / Johnson Lane Traffic - In the last year the traffic flow of dump trucks, delivery trucks from Franklin Lumber, locals using the back road (Johnson to Norwood to Mission) has increased by 40°o. This traffic pattern will get worse when the High School is back in session. With 2 other approved subdivisions and then add in vehicles from 360 Ranch (at least 40 or more vehicles) plus Bus stops the traffic will extremely increase. A one day report on traffic flow does not reflect a true picture. Due to Mission hill a 365day traffic flow report is a must to make a truly informed decision. Clara Foltz Ditch - This is a crime scene waiting to happen. When the water is running it is a very inviting place to go tubing, jump off a bridge to get cooled off, throw for the dog, and anything else a child could imagine. 1 know these comments are after the July 17th meeting but since the decision to table the 360 Ranch C.U.P and after listening to the meeting ( which was very hard to hear all comments clearly) I felt these items needed a closer look. Please do not allow any of this project to proceed. Lisa Mohler Johnson Lane Lakefork ID On Fri, Jul 30, 2021 at 3:13 PM Elt Hasbrouck <ehasbrouck@co.valley.id.us> wrote: Lisa, can you tell me what was said and by whom please? Thanks Elt On Jul 30, 2021, at 2:04 PM, Lisa Mohler <lisamohler47f?gmail.com> wrote: CAUTION: This email originated from outside of the organization- Do not click links or open attachments unless you recognize the sender and know the content is safe. Lisa Mohler 47 Johnson Lane McCall/Lakefork ID To Valley County Commissioners ; am requesting that the P&Z Commissioners refrain from making personal remarks during the C,U.P process. Comments they make concerning once living near the area being discussed is extremely hurtful to the property owners. We of Lakefork are fighting to keep our air, water, human safety and traffic under control. Comments based on past years have nothing to do with our current situation. lam requesting this now since you are having a working session with P&Z on August 8, 2021 with the hopes this request can be addressed and the Lakefork citizens are heard. Thank you for your time, Lisa Mohler 208-634-4747 Fw: Public Hearing - information request - C.U.P. 21-15 360 Subdivision Lori Hunter <Ihunter@co.valley.id.us> Fri 7/16/2021 9.05 AM To: brian.d.harris@usda.gov <brian.d.harris@usda.gov> 3 attachments (2 MB) 21-15 SR.pdf; 21-15 application,pdr; CUP-21-15-notice.pdf; Please see the below email and attachments. I'm aware that this is a busy fire season and it may be difficult for Mr. Walters to prioritize this request at this time. However, the Planning & Zoning Commissioners would like to know if the USFS is concerned about the location of this proposed subdivision and any possible concerns due to the flight path of smokejumper planes, tanker planes, etc. From: Lori Hunter <Ihunter@co.valley.id.us> Sent: Thursday, July 15, 2021 3:57 PM To: Shawn.walters@usda.gov <Shawn.walters@usda.gov> Subject: Public Hearing - information request - C.U.P. 21-15 360 Subdivision We are wanting to get a response from the USFS, in particular from the Forest Aviation / Smokejumper Base Manager prior to our next public hearing on August 12, 2021, at 5:30 p.m. Please see the attached original public hearing notice, application, and staff report. These are also available at: www.co.valley.id.us/public-hearing-information/ Send comments to: cherrick@co.valley.id.us If you are not the correct person, please forward this email. THANK YOU. Lori Hunter, P&Z Technician Valley County Planning & Zoning Dept. Phone: 208-382-7115 Fax: 208-382-7119 IhunterOco.valley.id.us The smallest good deed is greater than the grandest intention. Visit the P&Z GIS map at www.co.valley.id.us/departments/information-technology/gis-maps/ City of McCa11 AIRPORT www.mccall.id.us Valley County Planning & Zoning Commission 219 North Main Street PO Box 1350 Cascade, ID 83611 Re: C.U.P.21-15 360° Ranch Subdivision Preliminary Plat Honorable Commissioners: 216 East Park Street McCall, Idaho 83638 Phone 208-634-1488 Main 208.634-7142 Fax 208-634-3038 In the time that McCall Municipal Airport existed, the land immediately south of the airport (located in Valley County, outside of McCall city limits) has been open pastureland. This open land buffer allowed air traffic operations without incompatible land use such as homes, schools, and businesses. Now the land is being developed as part of the McCall Ranch Development, including the proposed 360° Ranch Subdivision Plat. As more houses are added south of the airport, the airport's concerns are that public safety will be compromised, and that undesirable living conditions will result in increasing numbers of property owner's complaints. The City of McCall desires to minimize incompatible land use in this area. To achieve this goal, the Airport has short-term and long-term recommendations for the Valley County Planning and Zoning Commission. Please see the attached Definitions for a description of incompatible land uses near an airport. The Airport's short -tern recommendations concerning the 360° Ranch Subdivision are: 1. Require additional soundproofing in the new construction, 2. Require that written notice to homeowners about the airport's existence, flight paths, and the possibly of noise generation (please see the attached McCall Airport Noise Contours for a map showing the noise impact on the McCall Ranch Development), 3. Require a Form 7460-1 Notice of Proposed Construction or Alteration be submitted, and Federal Aviation Administration (FAA) findings for incompatible use be enacted (please see the attached Definitions for the FAA description of Form 7460-1), 4. Require an Avigation Easement be negotiated with the City of McCall (please see the attached Definitions for the FAA description of an Avigation Easement). Valley County Planning and Zoning C.U.P. 21-15 360° Ranch Subdivision Page 2 For the long term, McCall Municipal Airport requests that the Commission consider enacting zoning restrictions within Valley County in the area within 5,000 feet south of the Runway 34 end. The FAA has a recommended zoning template to assist local governments avoid incompatible land use near airports. Airport Staff will be available to assist writing zoning regulations for this area. The FAA document A/C 150/5190-4B, Airport Land Use Compatibility Planning has detailed information on the importance of airport working with Planning and Zoning Boards to avoid incompatible land uses near airports. With your cooperation, we can ensure the safety of the citizens of Valley County, address public concerns, and ensure the airport's continued operation. If you have any questions, please feel free to contact me anytime. Sincerely, Richard M. Stein, A.A.E. Airport Manager — McCall Municipal Airport cc: Commissioner Brian Benton Commissioner Ray Cooper Commissioner Joanna Defoort Commissioner Scott Freeman Commissioner Neal Thompson Cynda Herrick, P&Z Dir. — Valley County Michelle Groenevelt Community Dev. Dir. — McCall Anette Spickard, City Manager — McCall Attachments: Definitions McCall Airport Noise Contours Valley County Planning and Zoning C.U.P. 21-15 3600 Ranch Subdivision Page 3 DEFINITIONS • A/C 150/5190-4B, Airport Land Use Compatibility Planning — A Federal Aviation Administration Advisory Circular that describes the major incompatible land uses that conflict with or are impacted by operations at local public -use airports. These include residential use within airport noise contours; airspace obstructions and hazards to safe navigation to and from the airport such as tall structures, light, glare, electronic/radio, smoke or other atmospheric interference emanating from nearby land uses; land uses that attract birds and other wildlife hazards to the airport and its immediate environs; and land uses with concentrations of people or property within airport runway protection zones. https://www.faa.gov/documentLibrarv/med ia/Ad visory Circular/draft -150-5190-4B.pd f • Avigation Easement - property rights that the owner of the property conveys through a written document to an airport authority, allowing certain activities associated with air flight to occur above the height of the easement. • Form 7460 - Notice of Proposed Construction or Alteration - The Federal Aviation Administration (FAA) has jurisdiction over airspace in the U.S. It is the FAA's responsibility to define and provide airspace to allow aircraft to safely maneuver on take- off, departure, approach, landing, and enroute. As such, the FAA requires sponsors of new projects to notify them of proposed construction/alteration plans so that they can determine whether the proposed construction.alteration will be (1) an obstruction to air navigation, in which case the FAA may require appropriate obstruction marking and/or lighting, or (2) a hazard to air navigation (i.e., the project interferes with the safe and efficient use of airspace). FAA requirements and procedures are set forth in the Federal Aviation Regulations Part 77 (Objects Affecting Navigable Airspace). https:.'.'www.faa.gov/documentlibrary/media/form/faa form 7460- 1 2017.pdf I Valley County Planning and Zoning C.U.P. 21-15 360° Ranch Subdivision Page 4 MCCALL AIRPORT NOISE CONTOURS From: Richard Stein <rstein@mccall.id.us> Sent: Tuesday, August 3, 2021 1:38 PM To: Brian Parker <bparker@mccall.id.us>; Cynda Herrick <cherrick@co.valley.id.us> Cc: Anette Spickard <aspickard@mccall.id.us> Subject: Airport Land Use - Idaho Brian and Cynda: FYI - Attached is Idaho's guidebook on Airport Land Use. I'll keep working with both of you on the Land Use issues. Thanks, Rick Stein From: Kevin Bissell <kbissell@to-engineers.com> Sent: Tuesday, August 3, 2021 1:31 PM To: Brian Parker <bparker@mccall.id.us>; Richard Stein <rstein@mccaliid.us>; Wayne Reiter <WReiter@to-engineers.com> Cc: Anette Spickard <aspickard@mccall.id.us>; Michelle Groenevelt <mgroenevelt@mccall.id.us>; Meredith Todd <mtodd@mccall.id.us>; Gene Trantham <gtrantham@mccall.id.us> Subject: RE: MYL - Development around the airport - Part 1 Rick, Attached is a copy of the Idaho Airport Land Use Guidelines document that T -O produced for ITD Aeronautics. The document includes a discussion of the importance of land use restrictions around an airport and also a model Airport Zoning Ordinance. I realize adoption of this type of zoning ordinance is more of a long-term project, but I think it is something the City should consider. The Airport Master Plan will include a discussion of the importance of zoning to prevent non -compatible land uses around the airport. Regards, Kevin KEVIN R BISSELL, PE (ID, OR, WA) 1 Aviation Project Manager 1998 W. Judith Lane 1 Boise, Idaho 83705 0 208-433-1900 1 C 208-921-2738 www.to-engineers.com From: Brian Parker <bparker@mccall.id.us> Sent: Tuesday, August 3, 2021 12:50 PM To: Richard Stein <rstein@mccall.id.us>; Kevin Bissell <kbissell@to-engineers.com>; Wayne Reiter <WReiter@to-engineers.com> Cc: Anette Spickard <aspickard@mccall.id.us>; Michelle Groenevelt <mgroenevelt@mccall.id.us>; Meredith Todd <mtodd@mccall.id.us>; Gene Trantham <gtrantham(mccall.id.us> Subject: RE: MYL - Development around the airport - Part 1 Rick, I think one easy solution we can implement is to treat applications within the Airport Influence Overlay Zone as a specific application type, similar to how we manage Scenic Route and Shoreline applications. I would immediately route the Airport Influence application to you for your review. In order to get this implemented, I think I would need the following: • GIS data on the zones designated on "the current approach plan included in the Airport Layout Plan set included in the Airport Master Plan" (MCC 3.7.051(B)), so that I know which applications will be subject to airport review. • An application submittal checklist. I started a form here: Airport Influence Information.docx (It's currently a copy of the Scenic Route Information Checklist, but we can edit that pretty quickly). • An estimate of the amount of time required to review (for fee setting purposes). Thank you, Brian Parker, AICP 1 City Planner 216 E. Park Street 1 McCall 1 Idaho 83638 Direct: 208.634.42561 Fax: 208.634.3038 Web: mccall.id.us Blog: mccallcitysource.com Social: Facebook.com/citvofmccall From: Richard Stein <rstein@mccall.id.us> Sent: Tuesday, August 3, 2021 11:24 AM To: kbissell@to-engineers.com; Wayne Reiter <WReiter@to-engineers.com> Cc: Anette Spickard <aspickard@mccall.id.us>; Brian Parker <bparker@mccall.id.us>; Michelle Groenevelt <mgroenevelt@mccall.id.us> Subject: MYL - Development around the airport - Part 1 Everyone - Building proposals around airport have been increasing lately. 1 now have 3 projects going forward that may effect land use around the airport. The first is PUD-21-01: 116 Thula Street, McCall. This development will build condos right behind the Fire Station. We've discussed this before, and I've made my comments on the project. Info attached. The second is 204 Thula Street. The FAA Airspace Studies have come back and limit the height of the buildings. 4 of them, attached. I've also provided a letter to P&Z with the airport's recommendations, also attached. The application package is located at: https:f/evogov.s3.us- west-2.amazonaws.com/141/media/335867.pdf - page 458 as the computer counts. Finally, I'm working with Valley County on the 360° Ranch Development south of the airport. I've sent VCP&Z a letter outlining the airport's position. Kevin/Wayne: As this is becoming more of a problem for the airport. I wanted to see if there is anything more to do than what I'm already doing. (Which is, commenting on every proposal, noise insulation, written notice of the airport, require form 7460 and compliance, and providing the airport an Avigation Agreement). Anything that we could add to the Airport Master Plan to help me? Would you provide contact information for any other of your clients that have gone through the same thing? I can do some research. Thanks, Brian: Per our telephone conversation, we'll need to get together to discuss the issue — and what the City's (airport and P&Z) response could/should be (since it will be a City policy, we'll eventually need to loop all of the policymakers into the decision before moving forward). Richard M. Stein, AAE Airport Manager McCaII Municipal Airport 336 Deinhard Lane Hanger 100 McCall, ID 83638 Phone: (208) 630-3441 Fax: (208) 634-3038 rstein(Wmccall.id.us Idaho Airport Land Use Guidelines /ga,e/d � y fecfigisi- ( 1Qf96 imuixeiti) e4m7/4,&/ 7/2 ege, Prepared for the Idaho Transportation Department Division of Aeronautics Prepared by T -O Engineers, Inc. Boise, ID July 2016 IDAHO AIRPORT LAND USE G u 1 D E L 1 N E s RE: New residence 14108 Norwood Richard Stein <rstein@mccall.id.us> Thu 7/22/2021 10.44 AM To: Casey Dickinson <dickinsonenterprises@outlook.com> Cc: Cynda Herrick <cherrick@co.valley.id.us> CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thanks for the information. The closest edge of your property is 3,850 feet from the runway, and the eastern edge is on the runway's extended centerline. No permission is necessary, and the airport will comment when plan is in front of the Valley County Planning and Zoning Commission. Please be advised that property is subject to some aircraft noise. Richard M. Stein, AAE Airport Manager McCaII Municipal Airport 336 Deinhard Lane Hanger 100 McCall, ID 83638 Phone: (208) 630-3441 Fax: (208) 634-3038 rstein mccall.id.us From: Casey Dickinson <dickinsonenterprises@outlook.com> Sent: Thursday, July 22, 2021 10:34 AM To: Richard Stein <rstein@mccall.id.us> Subject: New residence 14108 Norwood CAUTION: This email originated from outside of the organization. Do not click (inks or open attachments unless you recognize the sender and know the content is safe. Hello, my name is Casey Dickinson I am building a house for Clay Szeliga from Washington. His property is a joining James Hamblin. James told me I needed to reach out and get approval. I have attached a copy of a couple pages from the plans. Let me know what other information you need from me. Overall height of the building should be approx 27 feet. Fw: 360 Subdivision Cynda Herrick <cherrick@co.valley,id.us> Thu 7/15/2021 2;23 PM To: Gregg Tankersley (gtankersley@crestline-eng,com) <gtankersley@crestline-eng.com>; Lori Hunter <Ihunter@co.valley.id.us> see below Cynda Herrick, AICP, CFM Valley County Planning and Zoning Director Floodplain Coordinator PO Box 1350 Cascade, ID 83611 (208)382-7115 "Live simply, love generously, care deeply, speak kindly, and leave the rest...." Service T rmesparent AccountableResponsive From: Richard Stein <rstein(a►mccall.id.us> Sent: Wednesda To: Cynda Herrick <cherrick@co.valley.id,us> Cc: kbissell@to-engineers.com <kbissell@to-engineers.com>; Wayne Reiter <WReiter@to-engineers.com>; Anette Spickard <aspickard@mccall.id.us> Subject: RE: 360 Subdivision CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Cynda — Looks like we're already started. Here's what a form 7460 is: The Federal Aviation Administration (FAA) has jurisdiction over airspace in the U.S. It is the FAA's responsibility to define and provide airspace to allow aircraft to safely maneuver on take -off, departure, approach, landing, and enroute. As such, the FAA requires sponsors of new projects to notify them of proposed construction/alteration plans so that they can determine whether the proposed construction/ alteration will be (1) an obstruction to air navigation, in which case the FAA may require appropriate obstruction marking and/or lighting, or (2) a hazard to air navigation (i.e., the project interferes with the safe and efficient use of airspace). FAA requirements and procedures are set forth in the Federal Aviation Regulations Part 77 (Objects Affecting Navigable Airspace). An avigation easement is a document describing property rights that the owner of the property conveys through a written document to an airport authority, allowing certain activities associated with air flight to occur above the height of the easement. These rights could include: • Right of flight over the property at any altitude above the acquired surfaces • Right to cause noise, vibrations, fumes, dust and to emit fuel particles • Right to prevent the landowner from erecting or growing any objects (trees, structures, etc.) that would penetrate the acquired surface • Right to enter the property to remove, mark, or light any structures or growth above the acquired surface • Right to prohibit the creation of electrical interference or directed lighting or glare from the property • Other rights as specified in the easement. Finally, this application shows that we need to work on upgrading the County Code for aviation over Valley County jurisdiction areas south of the airport. We could use the recently passed City Ordinances as a template to present to the Commissioners. Let me know what you'd like to have me do. Richard M. Stein, AAE Airport Manager McCa1I Municipal Airport 336 Deinhard Lane Hanger 100 McCall, ID 83638 Phone: (208) 630-3441 Fax: (208) 634-3038 rstein@mccall.id.us From: Cynda Herrick <cherrick@co.valley.id.us> Sent: Wednesday, July 14, 2021 3:51 PM To: Richard Stein <rstein@mccall.id.us> Subject: Re: 360 Subdivision CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Richard, Thank you for the response. The following is how I believe the P&Z will react to your recommendations: • soundproofing - no problem, already asked applicant to put in the CCRs • notification to prospective purchasers about the airport's flight paths - no problem, already asked applicant to put in the CCRs, • 7460 (obstruction survey) for the buildings - what is this? • Avigation Easement - what is this? Do either the 7460 or the Avigation Easement prohibit the use of the property or construction of buildings? Cynda Herrick, AICP, CFM Valley County Planning and Zoning Director Floodplain Coordinator PO Box 1350 Cascade, ID 83611 (208)382-7115 "Live simply, love generously, care deeply, speak kindly, and leave the rest...." Servke 1 ransparent Accountable Responsive From: Richard Stein <rsteinPmccall.id.us> Sent: Wednesday, July 14, 2021 2:16 PM To: Cynda Herrick ccherrickCcco.valley_id.us> Subject: FW: 360 Subdivision CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Cynda: Thanks for letting me know about the agenda item. Here's a brief history of the issue, and what the Airport will be doing about it. Local pilots have reached out to me previously about the development, south of the airport, on the DeBore property. I've been following the issue for some time now. The pilots, and the Airport, would prefer the area south of the airport not be developed with non -compatible uses (houses, hospitals, schools, et.al.). The best course of action would be to purchase all the property south of the airport and not allow any development. However, this will be financially impossible for the airport. My current plans are to attend the next Valley County P&Z meeting and to provide written comments and oral concerns. My requests will include P&Z requirements for additional soundproofing, notification to prospective purchasers about the airport's flight paths, and to request a form 7460 (obstruction survey) for the buildings. I also like to ask if VCP&Z will put in a requirement for an Avigation Easement. Thanks for letting me know. We're gearing up for the meeting. Richard M. Stein, AAE Airport Manager McCall Municipal Airport 336 Deinhard Lane Hanger 100 McCall, ID 83638 Phone: (208) 630-3441 Fax: (208) 634-3038 rstein(6mccaII.id.us From: Cynda Herrick <cherrickPco.valley.id.us> Sent: Wednesday, July 14, 2021 9:00 AM To: Anette Spickard <aspickardfa mccall.id.us>; Michelle Groenevelt <mgroeneveit@mccaliid.us> Subject: Fw: 360 Subdivision CAUTION: This email originated from outside of the organization. Do not dick links or open attachments unless you recognize the sender and know the content is safe. Hello Anette, Attached is the notice that was previously sent concerning a proposed subdivision south of McCaII airport. The P&Z Commission tabled the decision to the August 12 meeting in hopes of getting some input from McCall Airport. The Staff Report and application are on the website: http://www.co.valley.id.us/public-hearing-information/ Would you please make sure this notice gets to the appropriate person? Previously it was sent to the airport manager. Thanks, Cynda Cynda Herrick, AICP, CFM Valley County Planning and Zoning Director Floodplain Coordinator PO Box 1350 Cascade, ID 83611 (208)382-7115 "Live simply, love generously, care deeply, speak kindly, and leave the rest...." Service Transparent Accountable Responsive From: Cynda Herr , <cherrick@co.valley.id.us> Sent: Thursda July 15 2021 11:19 AM To: Richard Stein <rstein@mccall.id.us> Subject: Re: Airport Zoning vis-a-vis Valley County Airport Zoning Hello Richard, ie(0/1"elded" Zen /n7 ‘10-a0 Tel Thank you for the information Richard, I will share your input with the Planning and Zoning Commission. We do not have the traditional Euclidian zoning that is used by the City of McCall, but we could perhaps retrofit something like this into an overlay. Our main questions are as follows: • do you have a map showing the various overlays as referenced in the table? • are there height restrictions on building in this area? • what are your recommended mitigation for any impact to the airport? • the city has the property just north of this parcel zoned rural residential Thanks, Cynda Cynda Herrick, AICP, CFM Valley County Planning and Zoning Director Floodplain Coordinator Po Box 1350 Cascade, ID 83611 (208)382-7115 "Live simply, love generously, care deeply, speak kindly, and leave the rest...." Service Transparent AccountableResponsive From: Richard Stein <rstein@mccall.id.us> Sent: Thursday, July 15, 2021 9:52 AM To: Cynda Herrick <cherrick@co.valley.id.us> Subject: Airport Zoning vis-a-vis Valley County Airport Zoning Cynda: I'd like to follow up with the possible Valley County zoning code update to prevent issues such as the 360 development. My thoughts are to use the City of McCall Airport Zoning as a template for a possible update to the Valley County Zoning Code. Here's the website: https:i. export.amlegal.com/api;export-requests/dffb5a87-6da9- 4c11-a5e2-b5e51 f07df1 f download/ Please provide any comments. If you think this is a good idea, what would you like for me to do as a first step in the process? (Write a draft specifically for Valley Co?) Thanks for your help. Richard M. Stein, AAE Airport Manager McCall Municipal Airport 336 Deinhard Lane Hanger 100 McCall, ID 83638 Phone: (208) 630-3441 Fax: (208) 634-3038 rstein@mccall.id.us CHAPTER 6 CIVIC, AIRPORT AND AGRICULTURE/FOREST ZONES SECTION: 3.6.01: Purpose 3.6.02: Permitted And Conditionally Permitted Uses Within Public Zones 3.6.03: Public Zones Development Standards 3.6.01: PURPOSE: The McCall area comprehensive plan identifies the importance of a variety of land uses including public uses. It is the purpose of this chapter to implement the plants vision through development regulations that allow for a range of public lands, buildings and services designed to be compatible in scale and character with their surrounding environment. (A) Agriculture And Forest (AF) Zone: The AF land use designation is intended to provide a designation for agricultural areas, including forestlands, within the city. Some of these lands may be held in public ownership. (B) Civic Use (CV) Zone: The CV land use designation is intended to provide for governmental offices and other civic facilities. This includes governmental, cultural and recreational facilities. Mixed use is allowed in combination with public uses. (C) Airport (AP) Zone: The AP land use designation is intended for airport and aviation use by the McCall Municipal Airport and the surrounding related facilities and properties to implement the objectives of the McCall Municipal Airport Master Plan. Within the AP zone there is an Airport Perimeter (APP) zone which includes the land 150 feet from the interior edge of the AP zone. The Airport Internal (API) zone includes all other land in the AP zone that is internal to the APP zone. (Ord. 821, 2-23-2006, eff. 3-16-2006; amd. Ord 984, 12-19-2019, eff. 1-1-2020) 3.6.02: PERMITTED AND CONDITIONALLY PERMITTED USES WITHIN PUBLIC ZONES: (A) Permitted And Conditionally Permitted Uses: Table 3.6.02, identifies the permitted and conditionally permitted uses within the Public Zones. The primary uses identified in table 3.6.02 of this section shall be permitted or conditionally permitted as indicated: P: Where the symbol P appears, the use shall be permitted. A: Where the symbol A appears, the use may be permitted subject to the issuance of an administrative permit in accordance with section 3.13.01 of this title. C: Where the symbol C appears, the use may be permitted subject to the issuance of a conditional use permit in accordance with section 3.13.03, "Conditional Use Permit Standards", of this title. No symbol, or a dash: The use is not permitted. (Ord. 821, 2-23-2006, eff. 3-16-2006) TABLE 3.6.02 PERMITTED AND CONDITIONALLY PERMITTED USES WITHIN PUBLIC ZONES Allowed Use AF CV AP Accessory structure >1,500 square feet A A A Aeronautical - - P Agricultural service establishment C - - Agricultural structure A - - Agricultural use P - - Airport (public ownership) C - P Animals, small farm animals P A - Antenna, private A A C Antenna, public A A A Assembly plant (light manufacturing) - - C Camp P - - Cemetery C P - Church C C - Club or lodge or social hall C C - College or university - C C Conference or convention center C C - Dwelling, caretaker for an approved use A A C Dwelling, single-family detached C P - Dwelling unit.' - C - Dwelling unit, local housing A A _A Golf course and country club C C - Hospital or clinic C A - Hotel, motel, lodge C C - Kennel A - - Large scale retail business3 - - - Livestock facility 300 AU C - - Manufacturing facility (light) - C C Mixed use4,5 - C - Mortuary C A - Museum C C C Nursery, wholesale (only) P - - Nursing facility, skilled - A - Office building or use, relating to an approved development C A C Office, temporary construction A A A Park, public C P P Pit, mine, or quarry C - C Portable classroom A A - Post office or mail delivery service - A - Power plant C C C Professional offices or buildings - A C Public or quasi -public use C P C Public service facility C C C Research and development facility - C C Restaurant - C C Restaurant, formula6 - C C Retail, formula2 - C - Roadside produce stand A A - Sanitary landfill, restricted C A - School, public or private, including vocational C C C Soil or water remediation C - - Stable or riding school, commercial C C - Storage building and yard C C C Swimming pool, private or public A A - Temporary living quarters A A C Warehousing facility - - C Winery C - - Wireless communication facility, major C C C Wireless communication facility, small scale A A A Notes: 1. Housing must be a part of a mixed use project. 2. See section 3.8.18 of this title for limitations on retail, formula. 3 See subsection 3.8.02(E) of this title. 4. Residential uses are permitted in mixed use building when the primary use of the ground floor is a nonresidential use allowed in the CV zone. 5. Multi family housing must be a part of a mixed use project. 6. See section 3.8.17 of this title for limitations on restaurants, formula. (B) All uses not listed in table 3.6.02 of this section shall require review by the Planning and Zoning Commission and a conditional use permit. (C) All uses, except for those allowed by subsection 3.8.01(H), "Outdoor Display Areas", section 3.8.05, "Temporary Storage and Merchandising Facilities not to Become Permanent", of this title, and aircraft parking and light maintenance in the AP Zone- shall be conducted within enclosed structures. (Ord. 875, 5-27-2010; amd. Ord. 983, 12-19-2019, eff. 1-1-2020; Ord. 984, 12-19-2019, eff. 1-1-2020; Ord. 987, 4-9-2020) 3.6.03: PUBLIC ZONES DEVELOPMENT STANDARDS: The following property development standards shall apply to all land and permitted or conditionally permitted buildings located within their respective zones: The following property development standards shall apply to all land and permitted or conditionally permitted buildings located within their respective zones: (A) Table 3.6.03 identifies the dimensional standards required within the public zones. TABLE 3.6.03 DIMENSIONAL STANDARDS FOR PUBLIC ZONES Dimensional Standards AF CV I AP J APP Minimum property size 40 acres 3,000 square feet Minimum lease size - - 1,500 square feet 10,000 square feet Minimum street frontage n/a 50 75 Minimum setback from: (in feet)1: 1. Arterial, collector, or section line street 30 ft. 0 2. Other roadway 25 ft. 0 3. Property line not fronting a roadway2 50 ft. 0 Maximum site coverage of structures 5% 80% 100% 100% Maximum height3 35 ft. 50 ft. 60 ft. 60 ft. Minimum property width 100 ft. 30 ft. Minimum distance between structures 10 ft. 10 ft. Landscaped buffer 20 ft. Notes: 1. See section 3.7.03, "Scenic Route Zone", of this title. 2. Setbacks abutting a residential zone are the same as the residential zone setback to the subject property line. 3. Building heights adjacent to residential zones shall conform to the building height stepback requirements in section 3.8.14 of this title. (B) FAA Airport Design standards identified in the current edition of Federal Aviation Administration (FAA) Advisory Circular 150/5300-13 Airport Design shall be adhered to when determining leaseholds and siting structures in the AP Zone. (C) All buildings with a height over 35 feet shall require a conditional use permit and conform with the building stepback standards in chapter 8, "General Development Standards", of this title. (D) Exception to the development standards may be allowed through the provisions of a planned unit development as set forth in Chapter 10 of this Title. (E) Sidewalks, curbs and gutters may be required if specified in a development agreement as provided for in Title 9 "Subdivision and Development" of this code. (F) Fending shall be in accordance with permitted forms for the applicable zone; see chapter 8, "General Development Standards", of this title and Title 9 "Subdivision and Development" of this code. In the AP Zone, fencing will be built to standards outlined in the current edition of FAA Advisory Circular AC 150/5370-10 Standards for Specifying Construction of Airports, where identified as necessary to comply with FAA grant assurances. (G) City projects shall be built to sustainable construction standards as defined by Title 2, BUILDING REGULATIONS. (H) Design review is required as provided for in chapter 16 "Design Review" of this title, except within the AP Zone. (Ord. 864, 2-12-2009; amd. Ord. 984, 12-19-2019, eff. 1-1-2020) Fw: 360 Subdivision Cynda Herrick <cherrick@co.valley.id.us> Tue 7/27/2021 2:46 PM To: Lori Hunter <Ihunter@co.valley.id.us> (.J 3 attachments (4 MB) Sample-Stand-Alone-Airport-Zoning-Ordinancel_9_19.docx; McCaII Airport Zoning Chapter.html; Airport Land Use Compatibility Advisory Circular.pdf; pops... please print and save under a new folder under ordinances Airport Overlay thanks, Cynda Cynda Herrick, AICP, CFM Valley County Planning and Zoning Director Floodplain Coordinator PO Box 1350 Cascade, ID 83611 (208)382-7115 "Live simply, love generously, care deeply, speak kindly, and leave the rest...." Serrice 1 ran.cparent Arcnmiah1e Respnnsire From: Richard Stein <rstein@mccall.id.us> Sent: Tuesday, July 27, 2021 2:12 PM To: Cynda Herrick <cherrick@co.valley.id.us> Subject: RE: 360 Subdivision CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Cynda --- I've attached 2 files. The first is the recommended is the FAA's Airport Zoning Template. The easiest way may be to adapt the McCall Code to Valley County requirements. Also attached. Finally, attached is the FAA document that shows the requirements for airports to ensure compatible land use. Richard M. Stein, AAE Airport Manager McCaII Municipal Airport 336 Deinhard Lane Hanger 100 McCall, 1D 83638 Phone: (208) 630-3441 Fax: (208) 634-3038 rstein Ca7mccall_id.us From: Cynda Herrick <cherrick@co.valley.id.us> Sent: Tuesday, July 27, 2021 1:42 PM To: Richard Stein <rstein@mccalLid-us> Subject: Re; 360 Subdivision CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Richard, Any zoning changes should go to the Valley County Planning and Zoning Commission. Please send the template to me so I can start the discussion. Thanks, Cynda Cynda Herrick, AICP, CFM Valley County Planning and Zoning Director Floodplain Coordinator PO Box 1350 Cascade, ID 83611 (208)382-7115 "Live simply, love generously, care deeply, speak kindly, and leave the rest...." ServiceTransparent ransparent Accountable Responsive From: Richard Stein <rstein@mccall.id.us> Sent: Wednesday, July 14, 2021 4:02 PM To: Cynda Herrick <cherricklaco.valiey-id.us> Cc: kbisseljto-engineers.com <kbissell@to-engineers.com>; Wayne Reiter <WReiterunto-engineers.com>; Anette Spickard <aspickard@mccall.id.us> Subject: RE: 360 Subdivision CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Cynda — Looks like we're already started. Here's what a form 7460 is: The Federal Aviation Administration (FAA) has jurisdiction over airspace in the U.S. It is the FAA's responsibility to define and provide airspace to allow aircraft to safely maneuver on take -off, departure, approach, landing, and enroute. As such, the FAA requires sponsors of new projects to notify them of proposed construction/alteration plans so that they can determine whether the proposed construction/ alteration will be (1) an obstruction to air navigation, in which case the FAA may require appropriate obstruction marking and/or lighting, or (2) a hazard to air navigation (i.e., the project interferes with the safe and efficient use of airspace). FAA requirements and procedures are set forth in the Federal Aviation Regulations Part 77 (Objects Affecting Navigable Airspace). An avigation easement is a document describing property rights that the owner of the property conveys through a written document to an airport authority, allowing certain activities associated with air flight to occur above the height of the easement. These rights could include: • Right of flight over the property at any altitude above the acquired surfaces • Right to cause noise, vibrations, fumes, dust and to emit fuel particles • Right to prevent the landowner from erecting or growing any objects (trees, structures, etc.) that would penetrate the acquired surface • Right to enter the property to remove, mark, or light any structures or growth above the acquired surface • Right to prohibit the creation of electrical interference or directed lighting or glare from the property • Other rights as specified in the easement. Finally, this application shows that we need to work on upgrading the County Code for aviation over Valley County jurisdiction areas south of the airport. We could use the recently passed City Ordinances as a template to present to the Commissioners. Let me know what you'd like to have me do. Richard M. Stein, AAE Airport Manager McCall Municipal Airport 336 Deinhard Lane Hanger 100 McCall, 1D 83638 Phone: (208) 630-3441 Fax: (208) 634-3038 rstein( mccall.id.us From: Cynda Herrick <cherrick a@co.valley.id.us> Sent: Wednesday, July 14, 2021 3:51 PM To: Richard Stein <rstein@mccall.id.us> Subject: Re: 360 Subdivision CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Richard, Thank you for the response. The following is how I believe the P&Z will react to your recommendations: • soundproofing - no problem, already asked applicant to put in the CCRs • notification to prospective purchasers about the airport's flight paths - no problem, already asked applicant to put in the CCRs, • 7460 (obstruction survey) for the buildings - what is this? • Avigation Easement - what is this? Do either the 7460 or the Avigation Easement prohibit the use of the property or construction of buildings? Cynda Herrick, AICP, CFM Valley County Planning and Zoning Director Floodplain Coordinator PO Box 1350 Cascade, ID 83611 (208)382-7115 "Live simply, love generously, care deeply, speak kindly, and leave the rest..." 5ervice Transparent Accoontable Responsive From: Richard Stein <rsteinpmccall.id.us> Sent: Wednesday, July 14, 2021 2:16 PM To: Cynda Herrick <cherrick(co.valley_id.us> Subject: FW: 360 Subdivision CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Cynda: Thanks for letting me know about the agenda item. Here's a brief history of the issue, and what the Airport will be doing about it. Local pilots have reached out to me previously about the development, south of the airport, on the DeBore property. I've been following the issue for some time now. The pilots, and the Airport, would prefer the area south of the airport not be developed with non -compatible uses (houses, hospitals, schools, et.al.). The best course of action would be to purchase all the property south of the airport and not allow any development. However, this will be financially impossible for the airport. My current plans are to attend the next Valley County P&Z meeting and to provide written comments and oral concerns. My requests will include P&Z requirements for additional soundproofing, notification to prospective purchasers about the airport's flight paths, and to request a form 7460 (obstruction survey) for the buildings. I also like to ask if VCP&Z will put in a requirement for an Avigation Easement. Thanks for letting me know. We're gearing up for the meeting. Richard M. Stein, AAE Airport Manager McCall Municipal Airport 336 Deinhard Lane Hanger 100 McCall, ID 83638 Phone: (208) 630-3441 Fax: (208) 634-3038 rstein( mccall.id.us From: Cynda Herrick <cherrickfco.valley.id.us> Sent: Wednesday, July 14, 2021 9:00 AM To: Anette Spickard <aspickard@mccall.id.us>; Michelle Groenevelt <mgroenevelt@mccall.id.us> Subject: Fw: 360 Subdivision CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Anette, Attached is the notice that was previously sent concerning a proposed subdivision south of McCaII airport. The P&Z Commission tabled the decision to the August 12 meeting in hopes of getting some input from McCall Airport. The Staff Report and application are on the website: http://www.co.vailey.id.us/public-hearing-information/ Would you please make sure this notice gets to the appropriate person? Previously it was sent to the airport manager. Thanks, Cynda Cynda Herrick, AICP, CFM Valley County Planning and Zoning Director Floodplain Coordinator PO Box 1350 Cascade, ID 83611 (208)382-7115 "Live simply, love generously, care deeply, speak kindly, and leave the rest...." Service Transparent Accountable Responsive GRANT OF SURFACE AND OVERHEAD AVIGATION EASEMENTS As a requirement of a land use application for property in the Airport Influence Area, THIS GRANT of Avigation Easements is made and executed this day of _ , 20 , by , a government entity, the GRANTOR. The GRANTOR provides a Grant of Avigation Easements, over, upon and across real property to BOISE CITY, a municipal corporation, the GRANTEE. WITNESSETH: Section 1. For the purpose of making a Grant of Avigation Easements over, upon and across the property described in Section 2. herein to the GRANTEE, GRANTOR for itself, its successors and assigns does hereby grant and convey unto GRANTEE, its successors and assigns, and to all persons lawfully using the Boise Airport (Gowen Field), the following appurtenant rights and benefits for the use and benefit of the public: The unobstructed use and passage of all types of aircraft in and through the airspace at any height or altitude above the surface of the land. The right of said aircraft to cause noise, vibrations, fumes, deposits of dust, fuel particles incidental to the normal operation of aircraft, fear, interference with sleep or communication, and any other effect associated with the normal operation of aircraft taking off, landing or operating in the vicinity of the Boise Airport. As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, to include jet, propeller driven, civil, military and commercial aircraft and helicopters used for the purpose of transporting persons or property through the air. GRANTOR further agrees to keep said property free of the following: (a) structures in violation of the height limitations set by Federal Aviation Regulation (FAR) Part 77, Objects Affecting Navigable Airspace; (b) structures that might create glare or contain lights or reflectors which might interfere with pilot vision or be misleading to pilots; or (c) uses that cause a discharge into the air of fumes, dust or smoke which might obstruct visibility or adversely affect the operation of aircraft or cause any interference with navigational facilities necessary to airport operations. GRANTOR, its successors and assigns, further acknowledges that the easements herein granted contemplate and include all existing and future Boise Airport operations in that the rights, obligations, and covenants herein set forth shall not terminate or vary in the event of changes in the flight volume or noise, traffic patterns, runway lengths or locations, terminal location, or aircraft characteristics at the Boise Airport. GRANTOR, its successors and assigns, further acknowledges that operation of the Airport may cause noise as well as danger from aircraft accidents or incidents; and that airplane operations will not necessarily include takeoff and or arrival procedures which could have the effect of lessening noise or dangers to the subject property. GRANTOR, its successors and assigns, does hereby fully waive damages, claims for damages and causes of action which they may now have or which they may have in the future against GRANTEE, its successors and assigns, due or alleged to be due to noise, vibrations, fumes, dust and fuel particles or any other condition or effect that may be caused or may have been caused by the lawful operation of aircraft landing at, or taking off from, or operating at from or on said Boise Airport. GRANT OF AVIGATION EASEMENTS - Page 2 Section 2. The property of GRANTOR subject to the Grant of Avigation Easements is described as follows: The real property description is set forth in Exhibit "A" attached hereto and incorporated herein by this reference. This easement is subject to any matters apparent and visible and also to all matters of record. Section 3. TO HAVE AND TO HOLD said easement and right of way, and all rights appertaining thereto unto the GRANTEE, its successors and assigns until and unless the Boise Airport shall be abandoned and shall cease to be used for public airport purposes. It is understood and agreed that all provisions herein shall run with the land and shall be binding upon GRANTOR, its heirs, administrators, executors, successors and assigns until such time that the easement is extinguished. IN WITNESS WHEREOF, the GRANTORS have caused this Grant of Avigation Easements to be executed the day and year first above written. BY: TITLE: PARCEL #: PROPERTY ADDRESS: or SUBDIVISION wiLot and Block # GRANT OF AVIGATION EASEMENTS - Page 3 STATE OF IDAHO ) ) ss. County of ) On this day of 20_, before me, a Notary Public in and for said State, personally appeared known to me to be the of the that executed said instrument, and acknowledged to have authority to execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. seal Notary Public for Residing at My Commission Expires GRANT OF AVIGATION EASEMENTS - Page 4 Please fill in the legal description below (or attach a copy) and attach a copy of a RECORDED Vesting Deed. GRANT OF AVIGATION EASEMENTS - Page 5 This is a sample airspace zoning ordinance that must be customized through a local legal review to align with local requirements. A zoning map is to be prepared to accompany the ordinance. Text in italics provides explanation, such as which sections are optional. Please note places where text needs to be filled in to align with local conditions. If zones included in the sample do not apply to local conditions, it may be desirable to omit those sections. Consideration can also be given to adding a departure surface zone to align with FAA Advisory Circular 150/5300 13A, Table 3-2 and Figure 3.4. See 4 CRP Research Report 16: Guidehr A for Managing Small Airports, 2" Et,.. Section 5.6, for additional airspace zoning information. MODEL ZONING ORDINANCE TO LIMIT THE HEIGHT OF OBJECTS AROUND THE AIRPORT (includes heliports) SECTION 1: SHORT TITLE AND DESCRIPTION 1.1 Title — This Ordinance shall be known and may be cited as the (Airport Name) Airport Zoning Ordinance. 1.2 Description — An ordinance regulating and restricting the height to which structures may be erected or the height of objects of natural growth and otherwise regulating the use of property in the vicinity of Airport Name by creating the appropriate zones and establishing boundaries thereof: providing for changes in the restrictions and boundaries of such zones; defining certain terms used herein; referring to the height limitation and zoning district map, which is incorporated in and made part of this ordinance; providing for enforcement; establishing a zoning hearing board; and imposing penalties. SECTION 2: DECLARATION OF POLICY This Ordinance is adopted pursuant to the authority conferred by Local Governmental Entity with Zoning Authority. It is hereby found that an obstruction has the potential for endangering the lives and property of users of Airport Name and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of Airport Name; and that an obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to diminish or impair the utility of the airport and the public investment therein. Accordingly, it is declared: 2.1 That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by Airport Name; 2.2 That it is necessary in the interest of public health, safety, and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented; and 2.3 That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of police power without compensation. It is further declared that the prevention of the creation or establishment of hazards to air navigation; the elimination, removal, alteration or mitigation of hazards to air navigation; or the marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land. IT IS HEREBY ORDAINED AND ENACTED BY Local Governmental Entity with Zoning Authority as follows: This is a sample airspace zoning ordinance that must be customized through a local legal review to align with local requirements. Sec ACRP Research Report 16: Guidebook for Managing Small Airports, 2"d Edition, Section 5.6, for additional airspace zoning information. SECTION 3: GENERAL DEFINITIONS THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ORDINANCE SIIALL HAVE THE MEANING GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE: 3.1 AIRCRAFT -. Any contrivance, except an unpowered hang glider or parachute, used for manned ascent into or flight through the air. 3.2 AIRPORT -- Any area of land or water that is used, or intended to be used, for the landing and takeoff of aircraft and any appurtenant areas chat are used, or intended to be used, for airport buildings or air navigation facilities or rights -of -way, together with all airport buildings and facilities thereon. 3.3 AIRSPACE HAZARD - Any structure, tree, object or use of land that obstructs the airspace or is otherwise hazardous to the flight of aircraft in landing or taking off at the airport or heliport. 3.4 AIRPORT ELEVATION The highest point of an airport's useable landing area measured in feet above sea level. 3.5 APPROACH SURFACE A 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 surface zone height limitation slope set forth in Section 5 of this Ordinance. In plan, the perimeter of the approach surface coincides with the perimeter of the approach surface zone. 3.6 APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL SURFACE ZONES - These zones are set forth in Section 4 of this Ordinance. 3.7 BOARD OF APPEALS OR ADJUSTMENT -• A Board appointed by the authority adopting these regulations. The numbers of members, powers, governing rules, etc., of the Board are set forth in Section 10 of this Ordinance. 18 CONICAL SURFACE A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet. 3.9 DEPARTURE SURFACE A surface longitudinally centered on the extended runway centerline, extending outward and upward from the runway end at the sample slope set forth by the departure surface zone height limitations in Section 5 of this Ordinance. In plan, the perimeter of the approach surface coincides with the perimeter of the departure surface zone. (Optional: departure surfaces are not included in FAR Part 77 and are not typically included in State regulations- They are swfaces defined by the FAA to protect aircraft departing in instillment flight ride conditions and may be more restrictive than other surfaces at some airports.) 3.10 FAA - Federal Aviation Administration of the United States Department ofTransportation. 3.11 HAZARD TO AIR NAVIGATION An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace. 3.12 HEIGHT For the purpose of determining the height limits in all zones set forth in this Ordinance This is a sample airspace zoning ordinance that must be customized through a local legal review to align with local requirements. See ACRD Research Report 16: Guidebook for A1wiagwg Small Airports, 2"d Edition, Section 5.6, for additional airspace zoning information. and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified. 3.13 HELIPORT PRIMARY SURFACE . The area of the primary surface coincides in size and shape with the designated takeoffand landing area of a heliport. This surface is a horizontal plane at the elevation of the established heliport elevation. 3.14 HORIZONTAL SURFACE A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal surface zone. 3.15 LARGER THAN UTILITY RUNWAY A runway that is constructed for and intended to be used by propeller -driven and jet -powered aircraft of greater than 12,500 pounds maximum gross weight. 3.16 NONCONFORMING USE Any pre-existing structure, object of natural growth, or use of land that is inconsistent with the provisions of this Ordinance or an amendment thereto. 3.17 NON -PRECISION INSTRUMENT RUNWAY - A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight -in non -precision instrument approach procedure has been approved or planned. 3.18 OBSTRUCTION - Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section 5 of this Ordinance. 3.19 PERSON An individual, firm partnership, corporation, company, association, joint stock association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative of any of these. 3.20 PRECISION INSTRUMENT RUNWAY A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS), or a Precision Approach Radar (PAR) or area type navigation with similar approach minimums as an ILS. It also means a runway for which a precision approach system is planned or approved. 3.21 PRIMARY SURFACE - A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. For military runways, or when the runway has no specially prepared hard surface or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in Section 4 of this Ordinance. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. 3.22 RUNWAY - A defined area on an airport prepared for landing and takeoff of aircraft along its length. 3.23 STRUCTURE - An object, including a mobile object, constructed or installed by man, including but not limited to, buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines. 3.24 TRANSITIONAL SURFACES - These surfaces extend outward at 90 -degree angles to the 3 This is a sample airspace zoning ordinance that must be customized through a local legal review to align with local requirements. See -.ICRP Research Report 16: Guidebook fin. Managing Small rliIporls, 2"d Edition, Section 5.6, for additional airspace zoning information. runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces that project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90 -degree angles to the extended runway centerline. 3.25 TREE Any object of natural growth. 3.26 UTILITY RUNWAY - A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less. 327 VISUAL RUNWAY A runway intended solely for the operation of aircraft using visual approach procedures. SECTION 4: AIRPORT SURFACE ZONES In order to carry out the provisions of this Ordinance, there are hereby created and established certain zones, which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Airport Name. Such zones are shown on the Airport Name Height Limitation and Zoning District Map, prepared by Map Preparer, and dated , which is attached to this Ordinance and made a part hereof. An area located in more than one (1) of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows, with the height limitations defined in Section 5. 4.1 Utility Runway Visual Approach Surface Zone Established beneath the visual approach surface. The inner edge of this zone coincides with the width of the primary surface, which is 250 feet wide or the width of the primary surface correlating to the other runway end if wider. The zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. 4.2 Utility Runway Non -precision Instrument Approach Surface Zone - Established beneath the non - precision instrument approach surface. The inner edge of this zone coincides with the width of the primary surface, which is 500 feet wide or the width of the primary surface correlating to the other runway end if wider. The zone expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface. Its centerline is the continuation of the runway centerl ine. 4.3 Runway Larger than Utility Visual Approach Surface Zone Established beneath the visual approachsurface. The inner edge of this zone coincides with the width of the primary surface, which is 500 feet wide or the width of the primary surface correlating to the other runway end if wider. The zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. 4.4 Runway Larger than Utility with a Visibility Minimum Greater than 3,4 Mile Non -precision Instrument Approach Surface Zone — Established beneath the non -precision instrument approach surface. The inner edge of this zone coincides with the width of the primary surface, which is 500 feet wide or the width of the primary surface correlating to the other runway end if wider. The zone 4 This is a sample airspace zoning ordinance that must be customized through a local legal review to align with local requirements. See ACRP Research Report 16.- Guidebook fin. Ala aging Small Aiipm-Is, 2"d Edition, Section 5.6, for additional airspace zoning information. expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. 4.5 Runway Larger than Utility with a Visibility Minimum as Low as'/ Mile Non -precision Instrument Approach Surface Zone - Established beneath the non -precision instrument approach surface. The inner edge of this zone coincides with the width of the primary surface and is 1,000 feet wide. The zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. 4.6 Precision Instrument Runway Approach Surface Zone.- Established beneath the precision instrument approach surface. The inner edge of this zone coincides with the width of the primary surface and is 1,000 feet wide. The zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. 4.7 Heliport Approach Zone The inner edge of the approach zone coincides with the width of the primary surface. The approach zone expands outward uniformly to a width of 500 feet at a horizontal distance of 4,000 feet from the primary surface. 4.8 Departure Surface Zone - Established beneath the departure surface. This zone commences at the end of the runway. The inner edge of this zone is 1,000 feet wide. The zone expands outward uniformly to a width of 6,466 feet at a horizontal distance of 10,200 feet from the runway end. Its centerline is the continuation of the centerline of the runway. (Optional: departure surfaces are not included in FAR Part 77 and are not typically included in State regulations. They are surfaces defined by the FAA to protect aircraft departing in inst lament flight rule conditions and may be more restrictive than other surfaces at some airports.) 4.9 Transitional Surface Zones - Established beneath the transitional surfaces adjacent to each runway and approach surface as indicated on the Height Limitation and Zoning District Map. 4.10 Heliport Transitional Zones - These zones extend outward from the sides of the primary surface and the heliport approach zones a horizontal distance of 250 feet from the primary surface centerline and the heliport approach zone centerline. 4.11 Horizontal Surface Zone Established beneath the horizontal surface, 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 5,000 feet radii for utility and visual runways and 10,000 feet radii for all other runways from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The radius of the arcs for each end of the runway shall be the same. The radius used shall be the longest determined for either end. The horizontal surface zone does not include the approach surface and transitional surface zones. 4.12 Conical Surface Zone -- Established beneath the conical surface. This zone commences at the periphery of the horizontal surface and extends outward there from a horizontal distance of 4,000 feet. SECTION 5: AIRPORT SURFACE ZONE HEIGHT LIMITATIONS Except as otherwise provided in this Ordinance, no structure shall be erected, altered, or maintained, and 5 This is a sample airspace zoning ordinance that must be customized through a local legal review to align with local requirements. See ACRP Research Report 16: Guideboo/. far Managing Small Airports, 2°i Edition, Section 5.(a, for additional airspace zoning information. no tree shall be allowed to grow in any zone created by this Ordinance to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows: 5.1 Utility Runway Visual Approach Surface Zone Slopes twenty (20) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline. 5.2 Utility Runway Non -precision Instrument Approach Surface Zone - Slopes twenty (20) feet outward for each foot upward beginning at the end of and al the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline. 5.3 Runway Larger than Utility Visual Approach Surface Zone Slopes twenty (20) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface find extending to a horizontal distance of 5,000 feet along the extended runway centerline. 5,4 Runway Larger than Utility with a Visibility Minimum Greater than Mile Non -precision Instrument Approach Surface Zone Slopes thirty-four (34) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline. 5.5 Runway Larger than Utility with a Visibility Minimum as Low as 34 Mile Non -precision Instrument Approach Surface Zone Slopes thirty-four (34) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline. 5.6 Precision Instrument Runway Approach Surface Zone — Slopes fifty (50) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward forty (40) feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline. 5.7 Heliport Approach Zone Slopes eight (8) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a distance of 4,000 feet along the heliport approach zone centerline. 5.8 Runway Departure Surface Zone Slopes forty (40) feet outward for each foot upward beginning at the end of the runway and at the runway end elevation and extending to a horizontal distance of 10,200 feet along the extended runway centerline. (Optional: departure surfaces are not included in 14 CFR Part 77 and are not typically included in State regulations. They are surfaces defined by the FAA to protect aircraft departing in instru rent flight rule conditions and may be more restrictive than other surfaces at some airports) 5.9 Transitional Surface Zones - Slopes seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation (insert associated elevation for airport above mean sea level). In addition to the foregoing, when an airport has a precision instrument runway approach zone, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where 6 This is a sample airspace zoning ordinance that must be customized through a local legal review to align with local requirements. See ACRD Research Report 16: Guidebook far Managing Small Airports, 2" Edition, Section 5.6, for additional airspace zoning information. they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides and at the same elevation as the approach surface and extending a horizontal distance of 5,000 feet measured at 90 -degree angles to the extended runway centerline. 5.10 Heliport Transitional Zones -- Slopes two (2) feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the heliport approach zones and extending a distance of 250 feet measured horizontally from and at 90 -degree angles to the primary surface centerline and heliport approach zones centerline. 5.11 Horizontal Surface Zone - Established at 150 feet above the established airport elevation (insert associated horizontal surface height for airport above mean sea Ievel). 5.12 Conical Surface Zone -. Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal surface and at 150 feet above the established airport elevation and extending to a height of 350 feet above the established airport elevation (insert associated conical surface height for airport above mean sea level). 5.13 Excepted Height Limitations -. Nothing in this Ordinance shall be construed as prohibiting the construction or maintenance of any structure or growth of any tree to a height up to feet above the surface of the land. (The adoption of height limits should be reasonable and based on land use consideration in the vicinity of the airport and the nature of the area to be zoned. The height limits adopted should not be so low as to constitute a taking of private property without due process of law.) SECTION 6: AIRPORT ZONING REQUIREMENTS Use Restrictions - Notwithstanding any other provisions of this Ordinance, no use may be made of land or water within any zone established by this Ordinance in such a manner as to create electrical interference with navigational signals or radio communication between the airport and the aircraft; make it difficult for pilots to distinguish between airport lights and others; result in glare in the eyes of pilots 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, takeoff, or maneuvering of aircraft intending to use the airport. SECTION 7: NONCONFORMING USES 7.1 Regulations Not Retroactive - The regulations prescribed by this Ordinance shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this Ordinance or otherwise interfere with the continuance of anynonconforming use, except as provided in Section 8 (relating to permits and variances). Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this Ordinance, and is diligently executed. 7.2 Marking and Lighting- Notwithstanding the preceding provision of this Section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon or nearby of such markers and lights as shall be deemed necessary by the (Federal Aviation Administration. State aeronautics agency and/or airport sponsor) to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such 7 This is a sample airspace zoning ordinance that must be customized through a local legal review to align with local requirements. See .ARP Rcacarch Report 16: Guidebook far Managing Small Airports, 214 Edition, Section 5.6, for additional airspace zoning information• markers and lights shall be installed, operated, and maintained at the expense of (typically airport sponsor). SECTION 8: PERMITS AND VARIANCES 8.1 Future Uses Except as specifically provided in a, b, or c hereunder, no material change shall be made in theuse of erected or otherwise established structures, and no tree shall be planted in any zone hereby created unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particularity to allow it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this Ordinance shall be granted unless a variance has been approved in accordance with Subsection 8.4 of this section. a) In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones. b) In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4.200 feet from each end of the runway, no permit shall be required for any tree or structure less than seventy-five (75) feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limit prescribed for such approach zones. c) In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zones, no permit shall be required for any tree or structure less than seventy-five (75) feel of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic feature would extend above the height limit prescribed for such transition zones. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure or growth of any tree in excess of any of the height limits established by this Ordinance, except that no permit is required to make maintenance repairs to or to replace parts of existing structures that do not enlarge or increase the height of an existing structure. 8.2 Existing Uses Before any nonconforming structure may be replaced, substantially altered, or rebuilt, or tree allowed to grow higher or be replanted, a permit must be secured from the municipality authorizing the replacement or change. No permit shall be granted that would allow the establishment or creation of an obstruction or allow a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this Ordinance or any amendments thereto or than it is when the application for a permit is made. 8.3 Nonconforming Uses Abandoned or Destroyed Whenever the (airport sponsor) determines that a nonconforming tree or structure has been abandoned or more than 80 percent torn down, has physically deteriorated, or has decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from this Ordinance. 8 This is a sample airspace zoning ordinance that must be customized through a local legal review to align with local requirements. See ACRP Research Report 16: Guhlebook for Managing Small Air ports, 2°d Edition, Section 5.6, for additional airspace zoning information. 8.4 Variance — Any person desiring to erect any structure, increase the height of any structure, permit the growth of any object of natural growth, or otherwise use his property in violation of airport zoning regulations may apply to the Board of Adjustment for a variance from the zoning regulations in question. A variance shall only be granted after the requirements of Section 8 are satisfied. A variance may be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of the regulations and this Ordinance. Any variance may be granted subject to any reasonable conditions that the Board of Adjustment may deem necessary to effectuate the purposes ofthis Ordinance. The application for variance shall be accompanied by a determination from the FAA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Additionally, no application for variance to the requirements of the Ordinance may be considered by the Board of Adjustment unless a copy of the application has been furnished to the airport manager (or person of equivalent description) for advice as to the aeronautical effects of the variance. If the airport manager (or person of equivalent description) does not respond to the application within fifteen (15) working days after receipt, the Board of Adjustment may act without such input to grant or deny said application. 8.5 Obstruction Marking and Lighting — In granting any permit or variance under this section, the Board shall, if it deems the action advisable to effectuate the purpose of this Ordinance and reasonable under the circumstances, condition the permit or variance as to require the owner of the structure or object of natural growth in question to allow the airport sponsor, at its own expense, or to require the person or persons requesting the permit or variance, to install, operate, and maintain thereon such markers and lights as may be required by guidelines or regulations adopted by the FAA. SECTION 9: ENFORCEMENT/NOTICE 9.1 Local Enforcement — It shall be the duty of the (identify appropriate entity, such as airport manager/director) to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the (insert appropriate entity) upon a form published for that purpose. Applications required by this Ordinance to be submitted to the (insert appropriate entity) shall be promptly considered and granted or denied. 9.2 Application for action by the Board of Adjustment shall be forthwith transmitted by the (insert name of entity to receive application). SECTION 10: BOARD OF ADJUSTMENT (or name of local body) 10.1 Powers — There is hereby created a Board of Adjustment to have and exercise the following powers: to hear and decide appeals from any order, requirement, decision, or determination made bythe (insert appropriate entity) in the enforcement of this Ordinance; (2) to hear and decide special exceptions to the terms of this Ordinance upon which such Board of Adjustment under such regulations may be required to pass; and (3) to hear and decide specific variances. 10.2 Creation/Members/Removal Where a zoning board of appeals or adjustment already exists, it may be appointed as the Board of Adjustment. Otherwise, The Board shall consist of members, each to be appointed for a term of years by the authority adopting the regulations and to be removable by the appointing authority, for cause, upon written charges and after a public hearing. 9 This is a sample airspace zoning ordinance that must be customized through a local legal review to align with local requirements. See ACRP Research Repor116: Guidebook -fin- Managing Small Ailponl,s, 2" Edition, Section 5.6, for additional airspace zoning information. 10.3 Governing Rules - The Board of Adjustment shall adopt rules for its governance and in harmony with the provisions of this Ordinance. Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Board of Adjustment may determine. For conduct of any hearing or taking of any action, a quorum shall not be less than a majority of all members. The Chairperson or, in the absence of the Chairperson, the Acting Chairperson, may administer oaths and compel the attendance of witnesses. A1I hearings of the Board of Adjustment shall be public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the (insert appropriate entity) and due cause shown. 10.4 Findings of Fact/Conclusions of Law The Board of Adjustment shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision, or determination that comes before it under the provisions of this Ordinance. 10.5 Voting The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision, or determination of the (title of appropriate entity) or decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance or to effect variation to this Ordinance. SECTION 11: APPEALS 11.1 Right of Appeal Any person aggrieved or taxpayer affected by any decision of the municipality or joint zoning hearing board may appeal to the Board of Adjustment as provided by law. 11.2 Reasonable Time Requirement All appeals hereunder must be taken within a reasonable time as provided by the rules of the Board of Adjustment. The Board shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. 11.3 Stay of Proceedings An appeal shall stay all proceedings in furtherance of the action appealed from unless the municipality or Joint Zoning Hearing Board certifies to the Board, after the notice of appeal has been filed with it, that, by reason of the facts stated in the certificate, a stay would in its opinion cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by order of the Board or notice to the municipality or joint zoning appeal board. 11.4 Power to Reverse, Affirm, or Modify Orders - The Board of Adjustment may, in conformity with the provisions of this Ordinance, reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as may be appropriate under the circumstances. SECTION 12: ACQUISITION OF AIR RIGHTS In any case in which it is desired to remove, lower, or otherwise terminate a nonconforming structure or use, or the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations, or it appears advisable that the necessary approach protection be provided by acquisition of property rights, rather than by airport zoning regulations, the municipality within which the property or nonconforming use is located, or the municipality or municipal authority owning the airport or 10 This is a sample airspace zoning ordinance that must be customized through a local legal review to align with local requirements. See f1 CRP Research Report 16: Guidebook fir Managing Small Airports, 2"4 Edition, Section 5.6, for additional airspace zoning information. served by it, may acquire by purchase, grant, or condemnation, in the manner provided by the law under which municipalities are authorized to acquire real property for public purposes, such air rights, aviation easement, or other estate or interest in the property or nonconforming structure or use in question as may be necessary to effectuate the purpose of this Ordinance. In the case of the purchase of any property or any easement or estate, or interest therein, or the acquisition thereof by the power of eminent domain, the municipality making the purchase or exercising the power shall, in addition to the damages for the taking, injury, or destruction of property, also pay the cost of the removal and relocation of any structure or any public utility that is required to be moved to anew location. SECTION 13: RELATION TO OTHER ZONING REGULATIONS 13.1 Incorporation - In the event that a municipality has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations applicable to the same area or portion thereof may be incorporated in and made a part of the comprehensive zoning regulations and be administered and enforced in connection therewith. 13.2 Conflicts - In the event of conflict between any airport zoning regulations adopted under this Ordinance and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, and whether the other regulations were adopted by the municipality that adopted the airport zoning regulations or by some other municipality or otherwise, the more stringent limitation or requirement shall govern and prevail. SECTION 14: JUDICIAL REVIEW Any person aggrieved or any taxpayer affected by any decision of the Board of Adjustment may appeal to ("name of court) as provided by law. In cases where applicable law does not provide an appeal from a municipality to a Board, a person or taxpayer may appeal from a decision of a municipality or joint airport zoning board, as provided by law for similar zoning proceedings. SECTION 15: SEVERABILITY If any of the provisions of this Ordinance or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of the Ordinance that can be given effect without the invalid provisions of this Ordinance. SECTION 16: INTERPRETATION OF LANGUAGE ANDCAPTIONS 16.1 Use of Language - Words of any gender used in the Ordinance shall be held and construed to include any other gender, and words in the singular shall be used to include the plural, unless the context otherwise requires. 16.2 Use of Captions - The captions or headings of sections in this Ordinance are inserted for convenience only and shall not be considered in construing the provisions herein if any question of intent should arise. 11 This is a sample airspace zoning ordinance that must be customized through a local legal review to align with local requirements. See ACRP Research Report 16: Guidebook for Managing Small Air ports, 2°J (edition, Section 5.6, for additional airspace zoning information. SECTION 17: ADOPTION Effective Date WHEREAS, the immediate operation of the provisions of this Ordinance is necessary for the preservation of public health, safety, morals, and general welfare, an EMERGENCY is hereby declared to exist, and this Ordinance shall be in full force and effect from and after its passage by the municipality and publication and posting as required. 12 3 U.S. Department of Transportation Federal Aviation Administration ,o4/41k b e0474.e-7`49 1��!/ry Co��j 7'� Z J �e Advisory Circular Subject: Airport Land Use Compatibility Planning Date: DRAFT AC No: 150/5190-4B Initiated By: APP -400 1 1 Purpose. 2 • This Advisory Circular (AC) is intended to help a broad audience understand the effects 3 of incompatible land use on the safety and utility of airport operations, and identify 4 compatible land use development tools, resources and techniques to protect surrounding 5 communities from adverse effects associated with airport operations. 6 • This AC describes the major incompatible land uses that conflict with or are impacted by 7 operations at local public -use airports. These include residential use within airport noise 8 contours; airspace obstructions and hazards to safe navigation to and from the airport 9 such as tall structures, light, glare, electronic/radio, smoke or other atmospheric 10 interference emanating from nearby land uses; land uses that attract birds and other 11 wildlife hazards to the airport and its immediate environs; and land uses with 12 concentrations of people or property within airport runway protection zones. 13 • Airport -compatible land uses are defined as those uses that can coexist with a nearby 14 airport without constraining the safe and efficient operation of the airport, or exposing 15 people living or working nearby to unacceptable levels of noise or hazards. 16 • The intent of this document is to inform, educate, and increase awareness about land use 17 compatibility issues related to airports and community development. This AC provides 18 broad, general guidance to communities across the country on airport compatible land use 19 planning. Because the Federal Aviation Administration (FAA) does not have the 1 20 authority to directly control land uses and land use decisions are often made at the local 21 level, it is important that local land use planners understand the implications of land use 22 compatibility between airports and their local communities. The guidance in this AC 23 does not replace any local land use regulations that may be in place. 24 • Through federal grant assurances, airport sponsors and owners are obligated to pursue all 25 reasonable and appropriate actions to secure and promote compatible land use and 26 development within their local areas. Airports owned and operated by the same 27 jurisdiction that is the land use authority (e.g. city or county owned airport) are expected 28 to adequately control land use near the airport and prevent new incompatible 29 development. Airports that are located within multiple jurisdictions or have no land use