STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JAMES A. HART, et al, )

)

Petitioners, )

)

vs. ) CASE NO. 83-056

) DEPARTMENT OF TRANSPORTATION, ) and BYRD MAPOLES, )

)

Respondents. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William B. Thomas, held a formal hearing in this case on May 9, 1984, in Pensacola, Florida. The transcript was received on May 22, 1984, and the parties thereafter submitted proposed findings of fact and conclusions of law. These have been considered. Where not adopted and incorporated herein, they were found to be irrelevant or immaterial, or not supported by the weight of the evidence, and have been rejected.

APPEARANCES

For Petitioners: Mary M. Callaway, Esquire

Post Office Box 3697 Pensacola, Florida 32516

For Respondents: T. Sol Johnson, Esquire

Byrd Mapoles Johnson, Green & Westmoreland, P.A.

Post Office Box 605 Milton, Florida 32570

For Respondents: Vernon L. Whittier, Jr., Esquire Department of Department of Transportation Transportation Haydon Burns Building, Mail Station 58

605 Suwannee Street

Tallahassee, Florida 32301

This case arose upon the issuance of Conditional Site Approval Order No.

82-49 by the Department of Transportation on November 22, 1984, to Byrd Mapoles for a limited airport to be located north of Pace, Florida, in Santa Rosa County. The petitioners are owners of property located within 1,000 feet of the

*

• NOTE: Page 2 is missing from the Recommended Order on file with DOAH and is therefore not available in this ACCESS document.

  requirement, which would provide an 1,800 foot runway. There are no obstructions to the glide path on the west end.

  
  

  1. The physical changes that had been made to the site since the prior proceeding consisted of additional grading and filling of the area which had held standing water after heavy rains, resulting in a higher landing strip, grass had been planted, and some trees had been cut. The Department engineers observed no existing drainage problem on the site.

     
     

  2. Based on this inspection of the proposed airstrip, the Department engineers determined that the site was suitable for the purpose intended. However, site approval is only the first step in a required two-step process, in that the airstrip must still meet the minimum requirements for a license after issuance of the initial site approval.

     
     

  3. A Notice of Intent was issued by the Department on September 9, 1982, notifying the public that the Department intended to issue a limited airport site approval order, and that if any opposition was received in writing, a public meeting would be held. Opposition was received and a public meeting was conducted by the Department's Aviation Representative in Milton, Florida, on November 9, 1982. At this meeting participants asserted positions for or against the proposed airport, and it was recommended that a site approval order be issued provided all local and federal requirements are satisfied, and provided that a fence be constructed around the primary surface of the airstrip and around any additional areas used for the operation and storage of aircraft.

     
     

  4. As a result, Conditional Site Approval Order No. 82-49 was issued by the Department on November 22, 1982, for Bean Patch Airport, subject to the following conditions being met before the issuance of an airport license:

     
     

     1. All operations are to be conducted in VFR weather conditions.

     2. Except for provision No. 3 below, the landing area is limited to use by Mr. Byrd Mapoles and property owners immediately adjacent to the airfield.*

        
        

• NOTE: Page 4 is missing from the Recommended Order on file with DOAH and is therefore not available in this ACCESS document.

  
  

  1. All operations are conducted in VFR weather conditions.

  2. The landing area is limited Lo private use.

  3. Due to proximity to OLF Spencer, a helicopter training facility, we recommend that you coordinate with the appropriate U.S. Navy personnel prior to establishing the airport in

  order to minimize conflicting ingress/ egress routes at the two airports.

  
  

  1. The Petitioner testified that changes have occurred in the neighborhood during the past two years. More houses have been built and two radio towers

     have been constructed. Locating an airport at the proposed site could frighten animals in the area and pose a hazard to children. Additionally, the question of an adequate firefighting service in the area was raised, although the Navy has operated helicopter aircraft there for many years.

     
     

  2. Towers have been constructed on both ends of the proposed airstrip after the Department's feasibility inspection, but the tower on the west end of the runway has been removed. The remaining tower is approximately 72 feet high. An obstruction such as a tower or tree cannot be in the 20:1 feet glide path under the Department's licensing requirements. Thus, at the final inspection prior to licensing all conditions applicable to the site approval must be satisfied, in addition to the requirements of Section 14-60, Florida Administrative Code. Condition number 6 would preclude final licensing of the proposed airstrip if the 72 foot tower interfered with the 20:1 feet glide path; condition number 11 assures adequate ambulance and fire service availability.

     
     

     CONCLUSIONS OF LAW

     
     

  3. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this case. Section 120.57(1), Florida Statutes. The Department of Transportation has the authority to regulate airports and issue site approvals pursuant to Section 330.30, Florida Statutes.

     
     

  4. Section 14-60.05(1), Florida Administrative Code, *

  
  

• NOTE: Page 6 is missing from the Recommended Order on file with DOAH and is therefore not available in this ACCESS document.

"(15) 'Limited Airport' means an airport limited exclusively to the specific conditions listed in the site approval order.

* * * * *

(19) 'Primary Surface' means an airport surface, free of obstructions, of prescribed dimensions, which includes the runway.

* * * * *

(29) 'Usable width' refers to the prepared width of a landing area which can be safely used for the takeoffs and landings."

* * * * *

1. Rule 14-60.07, Florida Administrative Code, provides in part: "(2) The following minimum effective landing

   strip lengths and widths are hereby established

   ...

   Effective Primary surface Usable width landing length width

   Limited 1,800 feet 100 feet 50 feet

   * * * * *

   (3) The effective landing length of a runway shall also be the published length, which must never be considered to commence before the

   interception of the landing by the approach zone glide path.

   * * * * *

   1. The approach zone for private and limited airports is a trapezoidal area increasing gradually in width from 50 feet either side of the runway centerline, at the ends of each usable runway, to a width of 350 feet either side of the runway centerline at a distance of 3,000 feet outward from the ends of each runway.

   2. Approach zones shall be clear of obstruc- tions above a glide path of 20:1 from the ends of each usable runway. When the approach zone to any runway crosses a road..., the glide path must pass at least 15 feet above the edge the nearest traffic lane,...

   * * * * *

   (10) Owners and operators of private and limited licensed airports shall take whatever action necessary to prohibit the use of their facility by aircraft of such horsepower, weight and/or performance characteristics that would result in dangerous landing or takeoff condition to either the occupants of the aircraft or to persons or property in the vicinity of the airport."

   
   

2. Since the prior application and inspection, the proposed site has been graded, elevated, and planted with grass to correct the drainage problems, and some trees have been cut. In addition, the new site approval order contains 12 conditions which must be met to provide for the safety of the airport and the nearby residents.

   
   

3. The site is adequate for the proposed airport, since it can be constructed to comply with the requirements of Chapter 14-60, Florida Administrative Code.

   
   

4. Site approval is the first step of a two-step process in the licensing of airports-by the Department of Transportation. The second step is the actual licensing of the airport. This requires exact measurements, and the meeting of specific requirements. It is not necessary that a site be ideally suited for an airport; only that it be adequate under the requirements of Section 330.30, Florida Statutes, and Section 14-60, Florida Administrative Code. This statute and rule require the proposed airport to conform to minimum standards of safety, which is accomplished by meeting all the conditions of the site approval order and requirements for licensing.

   
   

5. Safe air traffic patterns for the proposed airport and vicinity airports can be worked out, provided all of the conditions of the site approval order are met and all of the requirements for licensing are fulfilled.

   
   

6. Since it has been ascertained that the standards established by Section 330.30(1) Florida Statutes, and Section 14-60.05(1), Florida Administrative Code, can be met by compliance with the conditions in the site approval order and with the final licensing requirements, the site approval order should be approved.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding that Conditional Site

Approval Order No. 82-49 was issued in accordance with Section 330.30, Florida Statutes, and Chapter 14-60, Florida Administrative Code, and that it is affirmed.

THIS RECOMMENDED ORDER entered this 17th day of July, 1984, in Tallahassee, Florida.

WILLIAM B. THOMAS

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 17th day of July, 1984.

COPIES FURNISHED:

Mary M. Callaway, Esquire Post Office Box 3697 Pensacola, Florida 32516

T. Sol Johnson, Esquire

Johnson, Green & Westmoreland, P.A.

P. O. Box 605

Milton, Florida 32570

Vernon L. Whittier, Jr., Esquire Haydon Burns Building, M.S. 58 605 Suwannee Street

Tallahassee, Florida 32301-8064

Docket for Case No: 83-000056

Orders for Case No: 83-000056