Item 08: Airport Zoning Regulations

[COSM_Admin]

Receive a Staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2023-73, amending Chapter 10, Aviation, by adding a new Article 3, Airport Hazard Zoning and Surrounding Land Use Ordinance, that establishes Airport Zoning Regulations to support land use compatibility and airspace protection for the San Marcos Regional Airport; creating associated offenses and penalties; providing a savings clause; providing for the repeal of any conflicting provisions; and providing an effective date; and consider approval of Ordinance 2023-73, on the first of two readings.

 

[JHughson]

I understand why we are doing this. That's not in question for me.

I'm look for this: What is included in document (if anything) that is NOT already state or federal regulations?
I'm sure it contains what we need it to contain. The question is Are we adding anything NOT required by state or national laws/regulations?

I see these two parts to an airport zoning ordinance:
Height hazard zoning (241.011) – adopt airport hazard zone regulations to prevent the creation of an airport hazard.
Anything not required by state and national laws?
Compatible Land Use Zoning (241.012) – adopt land use zoning regulations with the goal to minimize risk to public health and safety in areas around the airport.
Anything not required by state and national laws?

We have zoned/re-zoned land on/near Hwy 21 in recent years. Does this new ordinance change anything for those landowners?
Is anything in the new areas an existing non-conforming use?

Looking at the map that looks like a windmill with yellow and blue fan blades, it looks like there might be a lot that will be non-conforming uses.

Whether there are additional regulations or not, what are the plans to make changes in the future, if any?

 

[COSM_Admin]

Response provided by Senior Project Engineer, Kirk Abbott:
I understand why we are doing this. That's not in question for me.

I'm look for this: What is included in document (if anything) that is NOT already state or federal regulations? Nothing. Everything in the proposed ordinance is in accordance with State and Federal requirements.

I'm sure it contains what we need it to contain. The question is Are we adding anything NOT required by state or national laws/regulations? No.

I see these two parts to an airport zoning ordinance:
Height hazard zoning (241.011) – adopt airport hazard zone regulations to prevent the creation of an airport hazard.
Anything not required by state and national laws? No.
Compatible Land Use Zoning (241.012) – adopt land use zoning regulations with the goal to minimize risk to public health and safety in areas around the airport.

Anything not required by state and national laws? No. State and national laws do not dictate, only provide guidance, on how you define the compatible land use zones. There is nothing proposed that goes beyond what is permitted by state and federal laws.

We have zoned/re-zoned land on/near Hwy 21 in recent years. Does this new ordinance change anything for those landowners. ? There are some areas that would be subject to additional restrictions on residential development. However, many of the recently zoned/re-zoned areas near Highway 21 have applications in process and are, therefore “vested”, and would not be subject to the provisions in the proposed ordinance. If they do not have an application in process at the time the ordinance is adopted, then the restrictions would apply, if applicable.

Is anything in the new areas an existing non-conforming use? Yes. There are numerous developments, particularly in the proposed compatible land use zones that would be non-conforming at the time of adoption.

Looking at the map that looks like a windmill with yellow and blue fan blades, it looks like there might be a lot that will be non-conforming uses. Correct.

Whether there are additional regulations or not, what are the plans to make changes in the future, if any? There are no plans currently to make any changes to the proposed ordinance in the future.