HomeMy WebLinkAbout95-047A RESOLUTION OF THE BUTTE COUNTY BOARD OF
SUPERVISORS AMENDING THE BUTTE COUNTY GENERAL
PLAN AND ADOPTING THE NORTH CHICO SPECIFIC PLAN
WHEREAS, Butte County initiated the speafic planning process for the land area
generally Known as CSA 87 in the north portion of Chico; and
WHEREAS, numerous informational and discussion meetings were held by the
consultants and representa#nres of the County with the property owners in CSA 87 and
with representatives of the City of Chico on many subjects pertaining to the North
Chico speafic Plan, Rezone, General Plan Amendment, including but not limited to,
environmental constraints ,growth pressures, arculation, drainage, airport
compatibility ;and
WHEREAS, a Draft Environmental Impact Report (DEiR} was prepared and circulated
for public comment arid the Planning Commission extended the public comment
period for an additional thirty days beyond the statutorily required thirty days; and
WHEREAS, the speafic Plan text and accompanying maps were prepared with
reference to and in consideration of the 1983 Airport Land Use Handbook and, when .
they bocame available, the 1993 Draft Airport Land Use Handbook and the Fnal
Airport Land Use Handbook; and
WHEREAS, the Specific Plan text and accompanying maps were prepared with
reference to and in consideration of the F.A.R. Part 150 Noise Exposure Map and
related reports drafted in connection with the City of Chico Airport Environs Plan
update process and consultations regarding land use compatibility conducted with the
City of Chico's airport planning consultant; and
WHEREAS, the Butte County Planning Commission held duly advertised and noticed
public hearings starting on January i3, 1994 and concluding on November 16, 1994
with a recommendation to adopt the Rezone, General Plan Amendment, speafic Plan
and EIR; and
WHEREAS, the Butte County Board of Supervisors held a duly advertised and noticed
public hearing on January 10, 1995 to consider the Planning Commission's
recommendations regarding the Rezone, General Plan Amendment, Specific Plan and
ElR and the action of the Butte County Airport Land Use Commission's finding of
inconsistency with the 1978 Airport Land Use Plan; and
WHEREAS, public hearings at both the Butte County Planning Commission and the
Butte County Board of Supervisors, considered the issue of overriding the ftndings of
inconsistency wi#h the 1978 adopted Airport Land Use Plan for Chico Muniapal
Airport; and ~ .
WHEREAS, substantial testimony has been heard both. pro and con, and changes to
the Plan have been made as a result of testimony ~ and public review of the Specific
Plan and EIR;
NOW THEREFORE BE IT RESOLVED THAT the Butte County Board of Supervisors do
herehy find and adopt the following:
Section 1: Environmental Endings.
A. An Environmental Impact Report (EiR) has been prepared in compliance with
the California Environmental Quality Act; and .
B, Comments on the Draft EIR were soGated, received, adequately addressed and
incorporated into the Fnal EIR; and
C. Changes, alterations or mitigation measures fisted in Section 3 of the 1=mal EIR
have been required or incorporated into the project thereby eliminating or
substantially lessening significant effects identified by the County, responsible
agendas and members of the public; and
D. The Board of Supervisors has independently reviewed, analyzed and
considered the EIR and finds that the ElR reflects the independent judgement of
the County of Butte; and
E. Implementation of the Specific Plan will result in unavoidable and adverse
impacts in which no mitigation is available other than implementation of the No-
Project/No Deveiopmen# Alternative. These significant unavoidable impacts
indude #raffic and arculation, air quality impacts and land use impacts.
However, benefits discussed in 1', 2, and 3 below override these significant
adverse impacts and the Board of Supervisors makes the following Statement
of Overriding Considerations:
1. Traffic and Circul~tiQn_ Impacts: As discussed on Pages 9-9 of the Draft
E1R the impacts of the project were examined based upon the
assumption that no new traffic signals would be installed along State
Route 99 (per Caitrans policy) and that e~dsting lane conftgura#ions
would be used as a basis for all scenarios. In addition, the New Arterial
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intersection is proposed to remain as an at grade intersecc#ion of State
Route-99. As stated on Page 2-2 0# the- Fnal ElR (FEIR), traffic
operations at the unsignalized intersection of Keefer Road/State Route
99 intersection will operate at unacceptable levels, during the morning
peak period only, for left turn movements from Keefer Road onto State
Route 99.
The Specific Plan, through conditions of approval, has been modified to
require the County to work with CalTrans on the installation of traffic
signals at SR~ 99 and the new arterial and Keefer Road. The Speafic
Plan util'~zes the e~asting creeks and sloughs as bicyde and pedestrian
traits connecting to the various land use area. This will assist in
minimizing the use of the automobile. in addition, the Speafic Plan has
planned office, commeraal and industrial areas which will make local jobs
available for persons residing within the North Chico Speafic Plan Area
and thereby reduce commuting traffic into and out of the area.
The -Chico General Plan identifies this land as a future growth area and
constrains growth in other areas. The Chico General Plan Map also
depicts the Alterative Land Use Plan identified in the FEIR. Growth in
the Chico area is further constrained through agricultural preservation
polices, zoning, and "the greenline'. The Chico General Plan requires
the infilling and increased densities to create a more compact urban
form. Thus, development within the North Chico Speafic Plan (NCSP)
area is necessary to accommodate future growth.
2. Air Duality lmoacts: As discussed on Pages 10-1 through 10-11 of the
Draft EIR, the project will contribute indirect emissions assoaated with
project-related automobile use, and will cumulatively exceed emissions
thresholds contained in the Air Quality Attainment Plan.
Implementation of the Speafic Plan wiA contribute indirect emissions
assoaated with project related automobile use, and will cumulatively
exceed emission thresholds contained in the Air Quality Attainment Plan.
The NCSP, more than any plan in the vianity is designed to reduce the
dependency upon the automobile and to reduce automobile trips. The
location of the Village Core, the connection of the Village Core to the
various land uses within the Plan, and the extensive trail and pathway
system, will contribute to lower emissions than standard urban/suburban
developmert.
Air quality impacts affect a regional area much larger than just the North
Chico Speafic Plan. Air quality impacts from any development within the
Northern Sacramento Valley Air Basin are of a type which would be
expected to occur in connection with development anywhere in the
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County and can only effectively be addressed on a region-wide basis. It
is questionable whether such cumulative impacts attributable to the
adoption of this Pian are significant and they could not be completely
mitigated without prohibiting all new development. The cumulative
impacts cannot be resohred with project spedfic mitigation measures, but
could only be addressed~in connection with overall development poiides
in the Northern Sacramento. Valley Air Basin as a whole.
3. ,Land Use impacts: As discussed on Page 2-3 0# the FEIR, the
implementation of the Spedfic Plan will cause the conversion of
appro~amately 1,630 acres of existing open space to urban/suburban
uses. This area has been designated as a growth area for the City of
Chico in their proposed Genera! Plan Update. The use of a specific plan
for more detailed planning allows for a workable solution to the traffic and
drainage problems which have plagued the area.
The Chico General Plan.identifies this land as a future growth area and
constrains growth in other areas. The Chico General Plan Map also
depicts the Alternative Land Use Plan identified in the FEIR. Growth in
the Chico area is further constrained through agricultural preservation
poiides, zoning, and "the greenline". The Chico General Plan requires
the infilling and increased densities to. create a more compact urban
form. Thus, development within the NCSP area is necessary to
accommodate future growth.
F. Project Alternative: In Chapter 5 of the FEIR, the Alternative Land Use Plan to
the project represents an environmentally superior alternative to the proposed
Land Use Plan contained in the Spedfic Plan as Fgure 3-2. The Alternative
Land Use Plan locates proposed residential at densities greater than 1 dwelling
unit per acre, to a point 3,700 fee# or more from the centerline of the main
runway of the Chico Munidpal Airport. The Alternative Land Use Plan relocates
the main arterial of the proposed Plan out of known wetland habits#; thus
minimiang potential impacts #o wetlands.
Section 2: Overriding Endings regarding the Airport Land Use Commission. On
February 9, 1994 the Airport Land Use Commission found the North Chico Spedfic
Plan inconsistent with the currently adopted Airport Land Use Plan for the Chico
Municipal Airport, bu# did not make findings specifying the reasons for such
inconsistency, Government Code Section 65302.3 requires the NCSP #o be consistent
with the said Airport Land Use Plan, unless the Board of Supervisors does not concur
with any provision of the Plan and adopts findings pursuant to Section 21676 of the
Public Util~ies Code. The Board of Supervisors does not concur with provisions in the
Chico Airport Land Use Plan which predudes any development in the airport environs
other than 1 acre or larger residential lots and agricultural uses. Furthermore,
following the action of the Airport Land Use Commission, an Alternate Land Use Plan
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was prepared and is incorporated into the FEiR and the NCSP to provide for the
orderly development, expansion, and long term viability ofi the Chico .Municipal Airport
and orderly development ofi the area surrounding the airport. Therefore, the Board of
Supervisors makes the following findings pursuant to Public Utilities Code Section
2~ 676.
A. The NCSP provides for the orderly development, expansion,. and long term
viability of the Chico Municioal Airport and orderlv_deveio~rnent of the area
surroundin the air ort as follows:
1. Existing general plan and zoning provisions would have
allowed 1 acre parcels north of the airport which could
create significant operational concerns for the airport. See
attached City of Chico letter dated February 1, 1995.
2. The NCSP reduces existing allowed densities off the north
end of the Clear Zone by increasing minimum parcel sizes
from ~ acre to 3 acres, as shown on the Alternative Land
Use Plan and thus makes the potential development in the
area more compatible with the orderly development and
expansion and long term viability of the airport;
3. Residential land uses, at densities greater than ~ unit per
acre, are not ai[owed within 3,700 feet from the centerline of
the main runway as shown on the Alternative Land Use
Map in the FElR, thus limiting the potential for complaints of
incompatibility with airport uses;
4. Pursuant to the Alternative Land Use Plan noise sensitive
land uses are buffered from ground generated noise at the
airport, such as engine run-up, by locating industrial,
commercial and office land uses rather than residential
uses, closest to and adjacent to the airport;
5. Open space has been planned for the area westerly of the
Clear Zone, northerly of Mud Creek as shown on the
Alternative Land Use Plan in the FEIR, further reducing the
potential for complaints of incompatibility with airport uses;
6. One acre minimum parcel sizes are planned for the area
north and west of Mud Creek as shown on the Alternative
Land Use Plan in the FEIR, which is consistent with the
currently adopted Airport Land Use Plan for the Airport and
with the Airport Land Use Handbook pages 3-13, 9-19
through 9-25;
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7. Airport expansion through the year 2D1 D is accommodated
by excluding new development within the 55 dB CNEL
projected for the year 201 D as projected by the Noise
Exposure Map for the Alternative Land Use Pian in Chapter
5 of the FE1R;
8. The Specific Plan provides for airport protection measures
as part of the Development Regulations in Chapter 7 of the
Specific Plan, pages 7-6 and ~-7;
B. The NCSP protects the public health, safety. and welfare by minimizing
exposure to excessive noise and safety hazards within areas adjacent to the
Chico Municipal Airport as follows:
Intensive uses as shown on the Alternative Land Use Map,
including the proposed elementary school, are located
abeam the runway, where the great majority of the
overflying trafFic is light single engine aircraft, at reduced
throttle settings prior to landing as stated by the County's
consultant, Steve Honeycutt, in public hearings at the
Planning Commission on November 16, 1994 and at the
Board of Supervisors on January 10, 1995. This is also
shown on the Generalized Flight Tracks exhibit following
page 3-12 of the FEiR and is depicted on the exhibit titled
Generalized Flight Tracks Over Chico Urban Area attached
hereto and presented by the County's consultant, Steve
Honeycutt at said hearing on January 10, 1995;
2. Intensive uses as shown on the Alternative Land Use Map,
including the proposed elementary school are located
inside and away from the Heavy Aircraft Pattern 1 flight
track, which will minimize overtlight and single event noise
occurrences from hearty aircraft, as stated by the County's
consultant, Steve Honeycutt in public hearings at the
Planning Commission on November 16, 1994 and at the
Board of Supervisors on January 10, 1995. This is also
shown on the Generalized Flight Tracks exhibit following
page 3-12 of the FEIR and is depicted on the exhibit titled
Generalized Flight Tracks Over Chico Urban Area attached
hereto and presented by the County's consultant, Steve
Honeycutt at said hearing on January 1D, 1995;
3. The State Division of Aeronautics, in its letter of May 19, 1992,
determined that the proposed elementary school site provides the
minimum level of safety suitable for a school;
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4. Prior to development of an elementary school at the proposed Eocation,
which may be ten years or more in the future, there will be additional
opportunities to re-evaluate safety and noise considerations through
involvement of the Chico Unified School District, the City of Chico, the
State Division of Aeronautics, the Airport Land Use Commission, and the
County.
5. Avigation easements are required, as indicated on page 7-fi of the NCSP
text, for all residential development within the Plan area;
6. The NCSP provides for airport protection measures as part of the
Development Regulation in Chapter 7 of the Specific Plan, pages 7-fi and
7-7;
7. The Accident Sites for Runways of 6,000 Feet or More, Figure 8F, taken
from the 1994 Airport Land_Use Handbook and superimposed with the
Alternative Land Use Map for the NCSP (see attached Exhibit A),
together with testimony pertaining thereto at the Board of Supervisors'
public hearing on January 1 D, 1995 by the County's consultant Steve
Honeycutt, indicates that the accident probability is highest within the
boundaries of the Chico Municipal Airport Clear Zones and very low in
the vicinity of the Village Core, including high density residential and the
elementary school site.
8. The attached Exhibit B, Comparison of Flight Tracks and School Sites,
together with the testimony pertaining thereto at the Board of
Supervisors' public hearing on January 1D, 1995 by the County's
consultant Steve Honeycutt, indicates that aircraft on flight tracks at
Chico Municipal Airport are at a sufficient flight distance and altitude so
as to not expose the high density residential and the elementary school
sites to excessive noise or safety hazards.
C. The NCSP rovide land use measures that minimize the ublic's ex osure to
excessive noise and safet~r hazards within areas around the airport as folfows:_
1. Noise attenuation is required to be incorporated into al! new residential
construction as indicated in the additional requirements recommended by
the Planning Commission and incorporated into the NCSP in Chapter 4
on page 4-7.;
2. Enhanced disclosure measures, alerting potential buyers and renters of
the operations of the airport, avigation easements, and aircraft
operations, will be required by Chapter 7, Section 7.fi-3 of the NCSP;
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3. The NCSP provides for airport protection measures as part of the
Development Regulation in Chapter 7 of the Specific Plan, pages 7-6
and 7-7;
4. Intensive uses as shown on the Alternative Land Use Map, including the
proposed elementary school are located inside and away from the Heavy
Aircraft Pattern 1 flight track, which will minimize overflight and single
event noise occurrences from heavy aircraft, as stated by the County's
consultant, Steve Honeycutt in public hearings at the Planning
Commission on November 16, 1994 and on January 10, 1995. This is
also shown on the Generalized Flight Tracks exhibit following page 3-12
of the FEIR and is depicted on the exhibit titled Generalized Flight Tracks
Over Chico Urban Area attached hereto and presented by the County's
consultant, Steve Honeycutt at said hearing on January 10, 1995;
5. The State Division of Aeronautics, in its letter of May 19, 1992,
determined that the proposed elementary school site provides the
minimum level of safiety suitable for a school;
fi. Prior to development of an elementary school at the proposed location,
which may be ten years or more in the future, there will be additional
opportunities to re-evaluate safety and noise considerations through
involvement of the Chico Unified School District, the City of Chico, the
State Division of Aeronautics, the Airport Land Use Commission, and the
County.
7. The NCSP reduces existing allowed densities off the north end of the
Clear Zone have been reduced by increasing minimum parcel sizes from
1 acre to 3 acres, as shown on the Alternative Land Use Plan in the
FEIR and thus makes the potential development in the area more
campatibie with the orderly development and expansion and long term
viability of the airport;
8. Uses involving high concentrations of people, including such uses as
social halls, churches, rest homes, convalescent homes, sanitariums and
foster or group homes will not be allowed as a matter of right within
areas designated as residential zones, but will only be allowed if a use
permit is obtained in each case, subject to findings being made, following
a public hearing, that such use would not be detrimental to the health
and general welfare of the persons residing or working in the
neighborhood or to the general health, welfare and safety. Chapter 7 of
the NCSP, pages 7-os through 7-12, and Butte County Code Section 24-
45.10.
Section 3: Action
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A. Certification of the EIR: Subject to the findings indicated in Sections 1
and 2 of this resolution, certify the Final Environmental Impact Report
with mitigation measures as contained in documents entitled Draft
Environmental Impact Report on amendment of the Genera! Plan and
adoption of the North Chico Specific Plan, dated December, 1993, Final
Environmental Impact Report on amendment of the General Plan and adoption
of the North Chico Specific Plan, dated October, 1994.
B. Adoption of the Specific_Plan: Adopt the North Chico Specific Plan amended by
the Revised Draft North Chico Specific Plan, dated Revised October, 1994 with
the conditions indicated below:
1. The Alternative Land Use Plan shown attached and labeled Figure 3-2
shall replace Figure 3-2 contained in the North County Specific Plan
{NCSP). This shall be the Land Use Plan far the NCSP.
2. The -Final NCSP shall be revised to incorporate all of the changes shown in the
Revised NCSP, dated October, 1994 and the mitigation measures of the FEIR,
where appropriate, as policies or regulations of the NCSP. The Figures and
Tables shall be revised to reflect the Alternative Land Use Plan. All Figures and
Tables shall indicate the source, the preparer, and the date of preparation. All
references to the Rezone and the General Plan Amendment shall be purged
from NCSP, except for a historical reference to this approval process.
3. An Agricultural Policies subsection shall be added to the Chapter 3 -Land Use
and a policy shall be added which states as follows:
All existing orchards shall be permitted to continue, without
interference or interruption by development.
4. Staff shall work with PG&E to select a street lighting fixture which shall be
utilized as the standard street light in the area south of Mud Creek. The
Specific Plan shall be amended to require the installation of street lights in the
area south of Mud Creek as a requirement of development. in addition, the
CSA or other funding mechanism shall be utilized for the payment and
maintenance of street lights.
5. The NCSP, Chapter 4 -Circulation, page 4-7, shall be revised to add the
following policies:
8. Enhanced street entries shall be required at the
following locations:
a. The new arterial/Highway 99
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b. The north and south entry to the
industrial area
c. The new Hicks Road/Eaton
Road
d. The new arterial near Mud Creek
e. The new arterial near Sycamore
Creek
The entry shall consist of landscaping and
hardscape. Rock or block walls shat! be
installed behind the sidewalk. The name of
each land use area shall be designed into the
Rock or block wall, such as Village Area,
Industrial Park, and the [ike. Shrubbery and at
least four specimen size trees shall be used to
further enhance the entry. Each entry area
shall also have a raised landscaped median
with a left turn pocket. The design ofi the
street entries shall be approved by the
Directors of Development Services and Public
Works.
9. A detailed alignment study for Qld Hicks
Road/New Hicks Road and Eaton Road shall
be prepared by or under the direction of Butte
County. The study shall indicate the precise
engineering of the (right of way) alignment ,
the removal or relocation of structures, the
installation of curb, gutter, sidewalk, and other
infrastructure necessary to accomplish the re-
alignment.
1Q. Noise attenuation along existing and proposed
arterials shall be required to protect residential
development proposed to be located adjacent
to the proposed arterials. Noise attenuation
measures shalt be required to reduce interior
noise levels to 45 dB for proposed residential
development adjacent to existing or planned
arterials and/or when adjacent to Highway 99.
6. The Alternative Land Use Plan contained in the FEIR indicates a mini park on
the new arterial. The Land Use Pian shall be revised to eliminate the mini park.
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7. The Alternative Land Use Plan shall be amended to remove the Land Use
Summary table, to show the Heavy Industrial area and the surrounding Open
Space/Greenbelt as a green and blue cross hatched area and to show an area
west of Hicks Lane as R-1 Low Density Residential. In addition, the following
note shall be added to the map:
Street alignments are conceptual and subject to precise
engineering. The Greenbelt areas along the creeks and
sloughs are conceptual in nature. The precise extent of
those areas shall be defined on the basis of land division
maps, detailed engineered site plans and the Tike.
8. Add additional policies to the Circulation Chapter 4, which state, "No new street
alignments shall exclude safe and convenient access to properties." and
"County staff shall pursue negotiations with Caltrans for appropriate traffic
control, including but not limited to, traffic signals and street alignments along
Highway 99, primarily at the intersections of Keefer Road and the new arterial."
9. All revisions to the NCSP text and maps shall be made within 45 calendar days
from the effective date of approval of the related rezone ordinance.
10. For al! residential properties of the North Chico Specific Plan, fup mitigation of
school impacts shall be required in accordance with the following policy added
to page 6-13, under Chapter 6, Public Facilities and Services Element, under
School Policies:
4. Impacts to school facilities within the Chico
Unified Schoo! District (CUSD) shall be fully
mitigated through the payment of mitigation
fees in the amounts justified by CUSD
prepared nexus studies, including
adjustments, and adopted by the District, or
through the implementation of other equivalent
measures acceptable to CUSD, including
those measures specified in the CUSD Board
of Education Resolution No. 486-92.
The County recognizes that the new
residential growth contemplated by this
Specific Plan will result in significant increases
in the student population of the Chico Unified
School District {"CUSD"). The County also
recognizes that funding limitations have
severely hampered CUSD's ability to
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accommodate students generated by new
residential development. Accordingly, the
County, as a condition of approval of this
Specific Plan, has required that new residential
development fully mitigate its impacts to
school facilities. But for this~full mitigation
requirement, the County would not have
approved this Specific Plan.
Section 4 Effective Date
This action shall become effective on April 2$, 1995, thirty calendar days from the date
of adoption of this Resolution.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 2sthday of Maxch , 1995 by the following vote:
AYES: Supervisors Meyer, Dolan, Thomas and Vice Chair Houx
NOES: None
ABSENT: Chair McLaughlin
NOT VOTING: None
MARY ROUX, VICE CH R
Butte County Board of Supervisors
ATTEST: John Blackiock, Chief Administrative Officer
and Clerk of the Bo
By
Attachments: Exhibit A: Aircraft Accident Characteristics: Accident Sites for
Runways of 6,000 Feet or More
Exhibit B: Comparison of Flight Tracks and School Sites
Exhibit C: Generalized Flight Tracks
Exhibit D: Generalized Flight Tracks over Chico Urban Area
Exhibit E: Increases in Residential Densities as a Result of the
Specific Plan
FIGURE 3-2: North Ghico Specific Plan I..and Use Map
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OFFICE OF THE
CITY MANAGER
505 Wall Street _
CITYa-CHICO p.0. Box 3420
~~'1872 Chico, CA 95927
(916}895-4800
Fax{916}895-4825
Al'SS 459-4800
L-AGR-5-1-10/Chrono
Bd McLaughlin, chair
Butte County Board of Supervisors
2S County center Drive
oroville, CA 95965
Dear Ed:
February 1, 1995
I am writing on behalf of the City Council regarding the County~s
proposed action approving the Specific Plan far County Service Area
87.
As you are aware, the City council, in a cooperative effort with
the soard of Supervisors, incorporated the cSA 87 Specific Plan
into the newly adopted General Plan of the city of Chico, That
action was taken based upon the county~s efforts to meet the City~s
concerns regarding development in the vicinity of the Chico
Municipal Airport.
Tt is our understanding that the Board has considered a direction
which would provide one-acre Tats north of the airport. You should
be aware that the City is very concerned about this direction and,
in fact, an integral part of our approval was the designation of
this area for 5-acre parcels. Tn an effort to compromise, we had
agreed to the latest proposal of 3-acre parcels, again, however,
clearly preferring a 5-acre minimum parcel size.
We believe that any development north of the airport in the
approach zone could create significant operational concerns for the
airport and is an unwise course of action. As I believe you are
aware, some of the residents of the existing development in that
area have already opposed airport activities.
The airport is critical to the economic future of the City and
County, and we hope that you will reconsider this direction.
sincerely, ~n~
~~+~ rV ~
Michael McGinnis
Mayor
cc: City council
Airport Commission
Airport Land Use commission
Jahn Blacklnck
Steve Honeycutt
city Attorney
Assistant City Manager
Community Development Director
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