Planning commission recommends airport hazard zoning to protect Tyler Pounds Regional Airport

The City of Tyler Planning and Zoning Commission, acting in its capacity as the Airport Zoning Commission, voted to recommend that City Council adopt ordinances amending Tyler City Code Chapters 10 and 12 to establish airport hazard area zoning regulations for Tyler Pounds Regional Airport.

City staff and the airport manager framed the proposal as a measure to protect airport operations, safeguard federal grant funding and guide compatible development near runways. Airport Manager Steve Thompson said the airport is “a true economic engine for the entire city” and argued the city has a duty to protect the airport and investments made with FAA grants. Staff noted FAA grant assurances include obligations to address incompatible land uses near runway protection zones (RPZs).

Planner Kyle (city staff) described the legal basis for the regulations as the state statute in the Local Government Code (chapter 241, as cited in the hearing) that allows municipalities of Tyler’s size to adopt height and compatible land‑use controls around airports. The draft ordinance would create five airspace/zoning areas (approach, transitional, horizontal, conical and runway protection zones) with differing height and land‑use rules. The ordinance requires an FAA airspace study for covered activities and sets a 75‑foot nominal threshold in many areas (with height references tied to the airport field elevation cited in the hearing), while the RPZs would have more restrictive, land‑use‑based limits.

Staff said the RPZs would permit a narrow set of uses by right — agricultural uses, surface parking (unoccupied vehicles) and undeveloped land — and described those limits as consistent with FAA guidance. The ordinance would not be retroactive: existing structures and uses would not be removed, but future redevelopment or new construction inside RPZs would have to be consistent with the ordinance or seek a variance. The draft also would require a notation on subdivision plats within the RPZs to notify lenders and future buyers of applicable restrictions. Staff said they provided mailed courtesy notice to 24 property owners in the most restricted RPZ areas and that the Airport Advisory Board and the Unified Development Code Review Committee had reviewed and recommended the proposal.

Members of the public raised specific concerns. Charles Reed, who represents Spring Creek RV Park, asked whether existing RV parking or RV storage in the hatched RPZ would be allowed; staff replied surface parking for unoccupied vehicles could be allowed but occupied RV parking and storage buildings would likely require case‑by‑case review and FAA input. Developer Justin Carney said a sliver of his property in the RPZ is significantly lower in elevation than the airport and that previous easements and earlier FAA clearances affect what he can build; he asked how the regulations would affect his ability to construct a road (Duke Place) that the city previously required of him. Leigh Costimo of Viking Ready Mix said the company had earlier obtained a FAA determination of no hazard for a tall silo on site and asked whether the firm could rebuild existing two‑story office and silo structures if they were damaged; staff replied that while the ordinance is not retroactive, rebuilding uses not listed as permitted would likely require a variance and FAA coordination. A resident whose lot lies largely within an RPZ asked whether the ordinance would force them to sell or leave; staff answered the ordinance would not require residents to vacate or sell existing homes.

Staff and other speakers emphasized the ordinance is intended to increase awareness of FAA procedures and to create a local process for reviewing exceptions. Kyle noted that variances or exceptions would be considered by the City’s Board of Adjustment and that FAA documentation or recommendations would generally be requested to inform that review. One speaker cited federal regulation 14 CFR Part 77.9 as a relevant notice requirement for certain construction projects near airports.

A motion was made and seconded to recommend City Council adopt the proposed amendments to Tyler City Code Chapters 10 and 12. The motion carried; the transcript records the item as approved and staff will forward the recommendation to City Council for consideration.