HomeMy WebLinkAboutIR 8094 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8094
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October 14, 1997
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,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.
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INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8094
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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
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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
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