Agenda - Planning Commission - 05/06/2004

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PUBIC HEARING TO CONSIDER AN ORDINANCE TO ESTABLISH REGULATIONS FOR THE OPERATION OF PERSONAL USE HELIPORTS By: Sylvia Frolik, Community Development Director CASE #: r~ Background: Over the last two years, the City has received complaints regarding helicopter take-offs and landings being conducted from an urban single family lot located tn the wcm2ty of 148 Avenue and Sunwood Drive. At that time, Staff consulted with Mn/DOT Office of Aeronautics to gain some insight into this type of activity and how it is regulated. Mn/DOT issues 3 types of heliport licenses: 1) personal use, restricted to use by one person; 2) private use, which is for use by multiple persons at the invitation of the owner (an example would be the heliport at a hospital); and 3) public use, which is unrestricted and open to the public. Current legislation says that the Mn/DOT-Office of Aeronautics can no longer require licensing of personal use airfields unless they are within 5 miles of an airport. If they are outside the 5 mile radius, the applicant can request that the personal use airfield be licensed by Mn/DOT- Office of Aeronautics. (For instance, the City requiring that a personal use heliport be licensed would prompt the owner of the aircraft to apply for a license for a personal use heliport.) One of MnDOT's requirements for licensing personal or private use airfields is that the applicant conform to the Federal Aviation Regulations requiring the owner to file a notice of intent to establish a landing area with the Federal Aviation Administration (FAA). In response to the notice, the FAA does an airspace evaluation and responds by either objecting or not objecting to that use of the airspace. However, FAA is not a licensing agency and even if they determine that the use of the airspace and landing area is unsafe, they cannot prohibit someone from utilizing that landing area. But Mn/DOT, the licensing agency, can refuse a license application and typically does if there is a negative determination from FAA. In addition, Mn/DOT's decision to issue a license is based on safety concerns and they do not take noise into consideration. If the City wants noise to be a consideration, then the City would have to require its own permit and identify noise as a factor to be considered. Observations: On at least 3 occasions, the subject of regulating helicopter landings and takeoffs in Ramsey has been discussed by the City Council. Per Council's direction, an ordinance was drafted by City Staff that would require a conditional use permit and Mn/DOT licensing of a personal use heliport. The highlights of the conditional use permit criteria and terms would include the following: 71