Judges: H. E. SMITHERS
Agency: Department of Transportation
Latest Update: Dec. 19, 1980
Summary: Petitioners failed to prove airport conditions were unsafe. Issue permit renewal.
80-1553.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
OCEAN BAY BUILDING, INC. and ) GABLES CONSTRUCTION COMPANY, )
)
Petitioner, )
)
vs. ) CASE NO. 80-1553
) PORT LARGO AIRPORT and FLORIDA ) STATE DEPARTMENT )
OF TRANSPORTATION, )
)
Respondent. )
)
RECOMMENDED ORDER
An administrative hearing was held on the above matter by H. E. Smithers on October 9, 1980 at Key West, Florida. The Petitioners were represented by Joseph B. Allen, III, Co-Respondent Department of Transportation (DOT) by Charles G. Gardner and Co-Respondents T. R. Wilson, Coral Reef Flying Service, Inc. and Key Largo Property Owner's Association (airport) by Joe L. Sharit, Jr., Esquire.
This action commenced by the filing of Petitioner's objection (titled Complaint) on February 13, 1980 to the renewal of the license of the Port Largo Airport, Key Largo, Monroe County, Florida. The Department of Transportation denied the hearing request and issued the license (p-1). The subsequent appeal was dismissed on stipulation that the instant hearing be held.
Pertinent to this case, Petitioners, property owners in the immediate area to the west, contend that the airport does not comply with the dimensional requirements for public airports. The issue is whether the renewed airport license No. 3778 should continue through the license year.
Petitioners' three Monroe County officials testified about the zoning and three witnesses discussed the dimensions and unsafe landing conditions of the airport; Petitioners' Exhibits P-1 through 10 were received in evidence. Co- Respondent DOT presented three employees who were involved in the investigation and license renewal of the Port Largo Airport; DOT's Exhibits R-1 and 2 were received in evidence.
Proposed findings of fact were due November 25, 1980. Those submitted by Co-Respondent DOT have, in substance, been accepted.
FINDINGS OF FACT
Port Largo Airport, Key Largo, Monroe County, Florida has been operated as a public airport under DOT license (p-1) and a zoning variance (R-2) since 1973. A recent rezoning of the R-2U (residential two-family) area of the airport to private airport (P-10) has not been finalized. The most recent lease of the property was executed July, 1977 for a period of five years (P-4)
The Port Largo Airport has one asphalt runway oriented nearly north/south that is more than 65 feet wide and 2,100 feet long (P-1 and 3). Between the west side of the runway edge and an airplane parking area there is
30 feet of unpaved area; on the east side at least 20 feet of unpaved area exists between the runway and the ocean. The full length of the paved and unpaved area appears to he on a long, narrow breakwater or strip of land 150 feet wide and 2,400 feet long with the Atlantic Ocean on the east and a wide canal on the west (P-9) The south end of the runway is approached over the water, while the north end has a clump of mangroves 15 feet high a distance of
360 feet from Runway 19's displaced threshold. The height and location of the mangroves from the displaced threshold is such that there is an elevation angle of 2 degrees 17 feet 19 inches and an offset angle of 5 degrees 42 feet 28 inches (P-1).
CONCLUSIONS OF LAW
Section 330.30(3), Florida Statutes, provides in pertinent part:
. . . . the division . . . . may refuse to issue a renewal, when it shall reasonably determine: . . .
That because of change of physical or legal conditions or circumstances the airport has become either unsafe or unusable for the aeronautical purposes for which the license or renewal was issued.
Rule 14-60.02, Florida Administrative Code, provides the following pertinent definitions:
(19) "Primary Surface" means an airport surface, free of obstructions, of prescribed dimensions, which includes the runway.
(21) "Public Airport" means an airport publicly or privately owned, which meets minimum physical and service standards and is open for use by the public. . . .
(29) "Usable Width" refers to the prepared width of a landing area which can be
safely used for takeoffs and landings.
Rule 14-60.07, Florida Administrative Code, provides the following minimum standards for public airports: Effective landing length - 2,000 feet; primary surface width - 150 feet; usable width - 65 feet; vertical approach clearance - 20:1; horizontal-approach clearance - 10:1; and,
"(4) . . . . A trapezoidal area measuring 75 feet either side of the runway centerline
at the ends of each usable runway and extending outward 200 feet to 125 feet either side of the runway centerline shall be clear of obstructions
The Petitioners presented no evidence establishing that there had been a change of physical or legal conditions or circumstances that make the airport unsafe or unusable. Rather, they contend the airport is unsafe because a
prevailing cross wind condition makes takeoffs and landings hazardous, and that parked aircraft and open water do not result in a primary surface of 150 feet in width. In the latter regard, DOT construes its primary surface rule to mean a 150-foot wide area that has no obstructions above the runway surface.
Petitioners' first contention is irrelevant.
RECOMMENDATION
From the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the renewal license application of Port Largo Aero and
Marine, Inc. for the Port Largo Airport be granted and License No. 3778 continued in effect to its termination date of January 31, 1981.
DONE and ORDERED this 4th day of December, 1980, in Tallahassee, Leon County, Florida.
HAROLD E. SMITHERS
Hearing Officer
Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301
(904) 488-9675
COPIES FURNISHED:
Charles G. Gardner, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301
Joseph B. Allen, III, Esquire 604 Whitehead Street
Key West, Florida 33040
Joe L. Sharit, Jr., Esquire
255 Magnolia Avenue Post Office Box 2295
Winter Haven, Florida 33880
Docket for Case No: 80-001553
Orders for Case No: 80-001553
