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HomeMy WebLinkAboutIR 8094 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8094 G{p.flTEq,FQ October 14, 1997 Orr � �, � To the Mayor and Members of the City Council Page 1 of 2 ,Ex..✓ Subject: TEXT AMENDMENT REQUIRING NOTICE TO FLIGHT 1875 OPERATORS FOR HEIGHT VARIANCES (Z-97-068) Background The City Council will consider Z-97-068 on the Council zoning agenda of October 14, 1997. This amendment would require that registered flight operators be notified of requests for height variances in excess of 120 feet.At the Council meeting of September-9, various helicopter flight operators, including Bell Helicopter, testified in support of the proposed amendment. This testimony raised issues of flight safety. At that meeting, the City Council directed staff to meet with the flight operators to explore the issues raised. Discussions with Flight Operators On September 26, 1997, a meeting was held as directed by Council. Representatives of the four flight operators who attended the September 9 Council meeting were notified. Bell Helicopter and Careflite representatives attended the meeting. Discussions at the meeting centered around flight safety and the best means of providing flight operators the information regarding variances and tower locations. As a result of that meeting, the Development Department has already instituted placing all Board of Adjustment agendas on the City's Web Page.This will enable anyone interested in any type of variance to proactively access agenda information. This eliminates the uncertainty inherent in mailed notices as to whether or not an oversight may have occurred in preparing the notice or in misdelivery of the mail. In addition, the Department is working on preparing a map of all existing tower locations within the City limits. This map, in addition to a tabular listing of tower locations, is available to any interested party. Finally, staff assured Bell Helicopter that courtesy notices would continue to be provided to that company as part of the established early notice system in place. After the meeting, the attached letter was received from Bell Helicopter outlining Bell's approval of the current system of providing courtesy notices to registered parties. Staff concurs that this solution provides the necessary information for Bell and other registered parties and renders the proposed text amendment unnecessary. Department Action Unless the City Council directs otherwise, the Development Department will continue to include persons or entities who have flight operations in the City of Fort Worth("Operators") and who wish .to receive notice of requests for variances to construct structures exceeding 120 feet in height in the existing early notice system administered by the Development Dep Sx register with the Development Department to receive such notices. OFFICIAL. R RD" C9 y OEIA cr"ry s CR " " WORTH, TE*X ISSUED 8Y TNF NTV MANA111:0 owwom umwi a wm mmw 7i _,m, mono INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8094 7Eq � GMpA Fp Orr �o MR. To the Mayor and Members of the City Council October 14, 1997 �i% Page 2 of 2 TEXAS' Subject: 1873 These courtesy notices of all requests for variances for construction to exceed 120 feet in height will be sent by the Development Department within one week after the filing deadline for the hearing on the variance to all Operators who have registered. These courtesy notices will identify the applicant, the location of the property in question, the nature of the request, and the applicable Zoning Ordinance requirements. These notices will be provided as a courtesy to the registered Operators and will not be considered legal notices.The Development Department will continue these notices unless directed to discontinue the early notice system by the City Council. Bob Terrell City Manager i Attachment ISSUED BY THE CITY MANAGER 1=("1RT Wr)RTH TFXAR r0l Bell Helicopter 0A I '_Telk' Bell Helicopter Textron Inc, Post Office Box 482 A Subsidiary of Textron Inc. Fort Worth, Texas 76101 Fax: (817) 280-8879 Writer's Direct Line: (817) 280-3225 E-Mail: rwatrous@bellhelicopter.textron.com October 1 , 1997 Ms. Ann Kovich Director of Development City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Subject: Proposed Text Amendment .Dear Ann: Bell appreciated the opportunity to meet with City staff on Friday, September 26, 1997, concerning the proposed text amendment which would give registered aircraft operators within the City advance notice concerning certain height variances before the Zoning Board of Adjustment. Bell feels that the City staff's commitment to put Zoning Board of Adjustment agendas on the City's Web site will be very- helpful. While Bell would prefer a formal statutory notice, it understands that such a formal statutory notice could in rare circumstances lead to liability for the City up to $100,000. As an alternative to formal statutory notice, Bell would be willing to settle for courtesy notice to Bell and other registered operators similar to that currently provided to registered neighborhood associations if the requirement for such notice is contained in a City Council directive in the official record. This would give flight operators some protection if the City staff at some point in the future should fail to follow or decide to discontinue the practice. Bell requests that an "Informal Report to City Council Members" be generated as was done for the notice to neighborhood associations with the following recommendation: "That staff be directed to set up an early notice system, similar to that currently in place for registered neighborhood associations, for persons or entities who have flight operations in the City of Fort Worth ("Operators") and who wish to receive notice of requests for. variances to construct structures exceeding 120 feet in height. These Operators must register with the Department of Development to receive such notices. A courtesy notice of all requests for variances for construction to exceed 120 feet in height will be sent by the Department of Development within. one week after the filing deadline for the hearing on the variance to all Operators who have so registered. The notice will identify the applicant, the location of the property in question, the nature of the request, and the applicable Zoning Ordinance requirements. These notices will be provided as a courtesy to the registered Operators and will not be considered legal notices." If such a directive is made a part of the official record at a pre-council or ,council meeting, Bell will drop its support of the proposed text amendment. As we discussed, Bell is anxious to put this matter behind us and get on to the more significant issue of overlay zoning protection for our heliport and training operations in the immediate vicinity of our plant. Please call me if you have any questions. I will be out of town on vacation from October 3-12. 1 will be back in the office on Monday, October 13, 1997. If you need to speak with someone about this matter in the meantime, please call Brian Esenwein with Kirkley Schmidt & Cotton at 338-4500. 1 will check with you 01011111 when I return. Yours very truly, BELL-J­IELICOPTER TEXTRON INC. <---- Ronald E. Watrous Chief Attorney - Legal Services cc: Carl Harris, Dennis Lang, John Murphey Brian Esenwein (KS&C) In Reply Refer to: 09:REW:952 Page 2