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BuoK 89 FnE 57 <br />MAR 1 8 1993 <br />provide for the County to adopt an airport zoning ordinance in <br />accordance with Florida Statute 333 and the respective cities can <br />adopt their own ordinances. <br />Attorney Collins advised that the state requires interlocal <br />agreements to be executed in conjunction with adoption of the <br />ordinance. The County ordinance as well as the airport zoning <br />regulations of Vero Beach and Sebastian will be attached to the <br />agreements and filed with the Clerk of the Circuit Court. <br />Commissioner Macht asked whether the City of Vero Beach's <br />ordinance is the same as this one, and Director Boling explained <br />that Vero Beach has not yet adopted an ordinance. <br />The Chairman opened the public hearing on the proposed airport <br />zoning ordinance and asked if anyone wished to be heard in this <br />matter. <br />R. J. MacMillan, part owner of the property adjacent to <br />Hibiscus Airport, stated that the changes that were made are <br />helpful to him but there is still a height problem because the <br />runway ends just 30 feet from his property. <br />Commissioner Macht pointed out that the ordinance does not <br />specifically prohibit structures over one foot in height for every <br />100 feet of distance from the runway. However, the FAA must be <br />notified of such structures. <br />Director Boling emphasized that whether this ordinance is <br />adopted or not, the FAA must be notified of proposed construction. <br />The ordinance also establishes a variance procedure, whereby a <br />determination can be made based upon the FAA's comments. <br />Mr. MacMillan felt that the County made a serious mistake in <br />not adopting the ordinance when the Hibiscus Airport was moved to <br />its present location 25 years ago. He realized that the County <br />must pass this ordinance but felt that he should be compensated for <br />the loss of use of his property. He emphasized that he talked to <br />County staff before purchasing the property and the potential <br />height restrictions were never mentioned to him. The County is now <br />making it impossible for him to develop about 1/3 of his property, <br />and he and his partners may decide to take this matter to court. <br />He mentioned that the owners of the airport have the space to move <br />the runway farther away from the property line but <br />interested in doing so. <br />Chairman Bird pointed out that structures higher <br />limit can possibly be built with proper notification to the FAA. <br />Further discussion ensued regarding maximum heights allowed <br />500 feet from a runway. <br />are not <br />than the <br />6 <br />