Manatee County Government Administrative Building First Floor Chambers January 11, 2018 - 9:30 am
January 11, 2018 Land Use Meeting
Agenda Item #10

2:00 PM Time Certain LDCT-17-02/Ordinance 18-01 fka 17-22 - Land Development Code Text Amendment/Airport Zoning, Legislative, Lisa Barrett, Planning Manager

Briefing Provided Upon Request

Contact and/or Presenter Information


   Lisa Barrett, Planning Manager, 941-748-4501 ext. 6884


   Bobbi Roy, Senior Planning & Zoning Tech/Planning Coordinator

   941-748-4501 ext. 6878

Action Requested
No action necessary; this is the first of two required public hearings. The second public hearing is scheduled for March 1, 2018.

Enabling/Regulating Authority

Manatee County Comprehensive Plan

Manatee County Land Development Code

Background Discussion

• On March 2, 2017 the Board of County Commission approved Ordinance 17-03, Case Number PA-16-09 providing amendments to the Definitions and Future Land Use Element, Future Land Use Map Series, and Aviation Sub-Element of the Comprehensive Plan.  

• In 2016, the Florida Legislature adopted amendments to the Florida Statutes, Chapter 333 – Airport Zoning (House Bill 7061).  Chapter 333 addresses Airport Zoning, definitions and land use compatibility standards in and around public use airports (commercial and general aviation).  Per the Statute, local governments were required to update their airport zoning standards (regulations) by July 1, 2017. 
o The deadline date of July 1, 2017 was not met because the Comprehensive Plan Amendment was under legal challenge, but has since been resolved and Ordinance 17-03 is now in effect.

• As noted by FDOT (Florida Department of Transportation), the significant changes to Chapter 333 include the following:

? Definitions
? Shows new numbering of Part 77, subpart C (Standards for determining obstructions to air navigation, etc.)
? New criteria for FDOT evaluation of permit applications
? New criteria and processes for political subdivision’s airport zoning regulations
? Modifications to land use compatibility regulations
? Requirement for political subdivisions having land underlying Part 77 surfaces to have Interlocal Agreement or Joint Zoning Board for Airport Zoning
? Submittal requirements to the FDOT Aviation Office
? Repeal of certain sections

• The amendments to Chapter 4 – Zoning, specifically Section 403.2 relating to the Airport Impact (AI) Overlay Zoning District and its requirements, are consistent with and based on both the adopted Comprehensive Plan and F.S. 333.  As part of this Land Development Code Text Amendments, certain maps are required to be amended to reflect the new nomenclature and airport “surfaces” for areas in/around the Bradenton-Sarasota International Airport (SRQ).

• Staff is recommending an additional requirement, beyond the requirements of F.S.333:
o SRQ Special Area of Consideration.  This section includes standards requested by SRQ addressing land uses and heights within the closest proximity to the airport along the “inner approach zones” of the airport (i.e., most critical to airport operations).  Applications proposing the development of lands lying within this designation (i.e., beneath the inner approach surface of SRQ’s runways (rwy: 14/32 and 4/22 of the Sarasota Bradenton International Airport (identified on Map 4-1), are required to be reviewed as a Planned Unit Development by the Planning Commission and the Board of County Commissioners. 

• On April 13, 2017, by a vote of 4 – 1, the Planning Commission recommended approval. Mr. Bower voted nay stating it is not too much to ask for to let the Commission know exactly what Ordinance is doing. Mr. Conerly abstained and Mr. Rutledge was absent.

• After Planning Commission, the amendment was revised to remove the word “maximum” from Exhibit A-3 preamble, as the term was too ambiguous.  The definitions for helistop and heliport were added back in to Exhibit A-1, and Thomson Airfield and Airport Manatee were removed as the airfields are no longer defined as a public use airport.

• Staff recommends approval of the amendments. This is the first of two required hearings.  No action is required at the first reading.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Sarah Schenk reviewed and responded by emails to Matter 2017-0110 on March 21, 22 & 27 and December 8 & 11, 2017.

Reviewing Attorney

Instructions to Board Records

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Staff Report - LDC Airport Zoning - Ordinance 18-02 BCC .pdf
Attachment:  1 - Newspaper Advertising - Airport Overlay LDC Amendments 1-11-18 BVC.pdf
Attachment:  2 - Ordinance 18-01 - LDCT- Airport Overlay Impact.pdf
Attachment:  3 - Public Comment - LDCT-17-02Ord. 17-22 - Airport Overlay LDC Amendment.pdf