Practices in Preserving and Developing Public-Use Seaplane Bases (2015)

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50 CHAPTER SEVEN CASE EXAMPLES Seaplane bases fulfill a multitude of pilot and community needs. To one or more degrees, there are those that serve basic transportation access to the NAS, those that serve a more recreational purpose, and those that serve as an economic focal point for the community. Together with the case examples of Sitka, Alaska (see Textbox 1, chapter four) and Chatham, Mas- sachusetts (see Textbox 2, chapter six), the two examples provided in this chapter illustrate the practices and challenges of developing an SPB for economic development purposes that serve both recreational and commercial activity. In a meeting on August 3, 2014, both Virgil “Lee” Lewis, regional manager/partner at AVCON Engineers and Planners, and John Drury, city administrator, City of Tavares, Florida, provided information on Tavares. In a meeting on September 6, 2014, John Gowey, director of flight operations for Kenmore Air Harbor, provided information on Lake Union, Washington. TAVARES, FLORIDA—AMERICA’S SEAPLANE CITYTM Tavares, Florida, is a community of approximately 13,000 people located in central Florida and surrounded by lakes. In 2006 and prompted by the then-mayor, the city undertook a series of discussions to determine what the community vision for the future might be. The effort was facilitated by a regional community development organization whose purpose is to convene businesses, governments, and civic leaders across central Florida to work together to build a better future for the residents and businesses of its seven-county region. Vision and Concept The visioning sessions resulted in the people of Tavares desiring a community that was accessible, embraced business, reflected its historic past, and capitalized on its water access to Lake Dora. A history review showed that Tavares had a connection to one of the first female advocates of seaplanes, Clara Adams, and to the first commercial seaplane operator in the United States, Tony Jannus, who flew a route between Tampa, Florida, and St. Petersburg, Florida, in January 1914. Recent history at Tavares in 2008 showed an occasional seaplane beached on the shore of the local park while pilots and passengers ate at a popular waterfront restaurant. Based on history and coupled with ownership of a lakefront park and a city manager that had a background in airport management, the city decided to focus its vision on its waterfront and distinguish itself as a seaplane-friendly city. The city perceived Tavares’s location in central Florida as a convenient stopping point for fuel and other amenities for pure float seaplanes on their way to the Bahamas and Central or South America. Further discussions suggested the city brand itself as America’s Seaplane CityTM. The idea for America’s Seaplane CityTM was to develop the waterfront and local businesses using the seaplane base as a theme for future activity. One of the community’s economic goals was to attract seaplane-related businesses to the area, including a number of seaplane light sport aircraft manufacturers. To turn the ideas into reality, the city engaged a branding firm to help develop the concepts of what could exist for the future. The concepts recommended the expansion of the existing park into a seaplane-themed children’s splash park. A new seaplane dock, ramp, parking, and tiedown area would be added to complement the existing city-owned marina. Aviation fuel would be made available. The existing boat ramp would be relo- cated, and shoreline enhancements for a beach area and picnicking would be further developed. The additional development of an over-the-water pavilion to host weddings and other community events was planned. Gaining Support As with any public development effort, the approval and support of the community was vital. Tavares’s City Council would need to change the city’s master plan to reflect the new SPB. It would also need to authorize and approve the expenditure of

51 funds. That meant voters would need to support it as well. A community education effort was undertaken by city adminis- tration to explain the concepts to various stakeholders. For Tavares, the major stakeholders were the local historical society members, teachers, retirees, and the business community, in particular restaurants and hotels. The identification of the SPB as a source of community pride and economic development were two key selling points, as was the educational possibilities for children. The issue of noise was raised during the educational and information meetings. To relieve concerns, it was noted that seaplanes would not use the facility at night because the facility had no lights. Also the majority of activity would occur on the weekends and not during the week, as the SPB would be used by primarily by recreational pilots. Additionally, seaplanes were already using the lake and no noise objections had been registered. Last, the prospect of pilots using the downtown area to visit and spend tourist dollars overshadowed the potential drawback of noise exposure from a water landing facility. In 2007, the city posted a request for proposals to start the process toward developing an airport. At the time, the develop- ment of a new SPB was not a common experience shared by many consulting or engineering firms. AVCON Engineers and Planners was selected to pursue and obtain an airport license from Florida’s Office of Aviation and Spaceports. By becoming a licensed public-use airport, the city would have a permanent facility and increase eligibility for future state or federal funding. State Approval Process After studying the issues, the consultant outlined a number of steps necessary to obtain the license. State of Florida Adminis- trative Code identifies the requirements for an owner to obtain a license to operate an airport (Airport Site Approval 2004). In essence, the state is responsible for ensuring the public’s health, safety, and welfare, and its administrative code reflects those responsibilities at airports. The following list outlines the requirements: 1. The site has adequate area allocated for the airport as proposed. 2. The proposed airport will conform to licensing or registration requirements and will comply with the applicable local government land development regulations or zoning requirements. 3. All affected airports, local governments, and property owners have been notified and any comments submitted by them have been given adequate consideration. 4. Safe air-traffic patterns can be established for the proposed airport with all existing airports and approved airport sites in its vicinity. In particular, the state code for licensing airports required the following: a. A legal opinion of property rights determination b. Geodetic coordinates c. Location map and schematic d. Facility layout schematic e. List of adjacent airports within 20 mi f. Notification to other local governmental entities g. Notification to property owners within 1,000 ft of the development h. Public notice in general i. Identification of waste sites in proximity to the airport j. Location of the traffic pattern

52 k. Safety plan identifying factors associated with the airport’s use l. Identification of security factors protecting public health, safety, and welfare m. FAA approval. In seeking to comply with these requirements, an immediate problem arose—land use site approval was needed from the Florida Department of Transportation (FDOT). The question raised was does a water landing area fall under the state’s land use permit requirement, or does some other governmental agency have jurisdiction over the water? It was discovered that, unique to Tavares among other Florida cities, the original plan had the city property line running through the center of Lake Dora, rather than along the shoreline. This meant the city controlled the lakebed and the water surface, which is uncommon because the majority of lakes in the state fall under state control. Having the proposed water landing area and shoreline lakebed area under city purview would save time and money in obtaining permits, in particular in confirming legal ownership of the property, which necessary under Florida statutes. It was still necessary to obtain a Florida Department of Environmen- tal Protection permit to dredge the shoreline. To obtain a state license and registration, the city submitted Florida Forms 725-040-12 Public Airport Site Approval Application and Form 725-040-11 Airspace Obstruction Permit Application and included a site map and scale drawings. In initial applications filed with the state, the city sought a nonstandard aircraft traffic pattern to keep traffic pattern flights over the water rather than over the downtown and residential areas. According to Florida statutes, a nonstandard pattern would require the city to install a segmented circle. Though this would normally not be difficult for a land airport, it did pose a difficulty for an SPB because the navigational aid needed to be in close proximity to the water landing area, either in the park on the shore, or in the water. The city decided to not pursue the nonstandard pattern. FDOT also required an Airspace Obstruction Permit Application Form. It allows for evaluation of obstructions in the approaches to the water landing area and in the traffic pattern area. Other state DOT requirements were a windsock; two 80BC fire extinguishers; a public telephone; one USCG life preserver, ring, or throw line; and a spill control kit consisting of absorption booms. As part of any development, Florida statutes require an airport sponsor to identify and notify all property owners having a structure greater than 25 ft aboveground and within 1,000 ft of the any new airport development proposed (Airport Compatible Land Use Guidebook 2010). The city had to identify all the property owners along the downtown and residential areas that were included within a 1,000-ft boundary of the shoreline, not just the defined water landing area. Notification was also required to local municipalities, zoning offices, and airports within a 20-mi radius. While some initial objections were raised for the use of Lake Dora, barriers were eliminated with the help of the local regional community development organization and effective communication practices. Once the state reviewed and approved the SPB application and obstruction permits, the city submitted all paperwork to the FAA along with Form 5010-3 Airport Master Record (Newly Established Public Use Airports) and FAA Form 7480-1 Notice of Landing Area Proposal. Concurrently, the city sought a radio license from the Federal Communication Commission to operate a Unicom and have a common traffic advisory frequency. Design, Construction, and Operation From 2008 to 2010, the city pursued development of its waterfront park and SPB. Initial financing came from the city’s internal improvement fund, bonds, and a grant from a state community development corporation grant. A lengthy EPA permit process involved dredging and reconstructing the shoreline. Once obtained, the permit allowed for continued unlimited “condition- ing” without having to request additional permits. Several areas along the shore were set aside as environmental buffer zones. The installation of two fuel tanks was also required to receive environmental review and approval. Standard equipment and construction precautions were taken to prevent leakage and spillage from both the avgas and mogas tanks. The state required a minimum water landing area of 2,500 ft by 250 ft wide and a minimum depth of 3 ft. Because the water levels on the lake do fluctuate, a depth of 4 ft was actually sought and ensured. The approach to the water landing area required a 20:1 clear approach for a distance of 5,000 ft from the ends of identified markers. Obstruction-free docks were constructed, as was a new ramp adjacent to the city’s boat ramp. The docks also act as a breakwater. The seaplane ramp has a slope that is shallower than the boat ramp angle.

53 Fuel tanks were installed for both avgas and mogas. To accommodate a straight-float turbine seaplane destined for Central America, the city entered into an agreement with the adjacent city of Leesburg municipal airport to use police escort for a jet fuel truck to drive the short distance and service the aircraft. The city built a small terminal building with pilot amenities for flight planning and sought to have an FBO operate the SPB in 2010. Upon receiving proposals deemed to be too costly, the city moved forward to provide services with its own employees. A single tenant operator provides seaplane flight instruction and sightseeing tours. Three aircraft are currently based there. Insurance for the SPB is covered under the city’s existing liability insurance. The added cost was regarded as too small to be distinguishable. The city is also protected by state statute, with liability exposure limited to $250,000 by state law. Results As part of its continued branding, the city has added a seaplane to its official logo and has trademarked America’s Seaplane CityTM. It has also acquired the Internet domain names associated with the same. To help others easily find the SPB, it sought and achieved the installation of road signs from FDOT (Figure 22). With a hotel located across the street from the SPB, a number of European students have come to Tavares for several days to obtain a commercial twin-engine rating from a local operator who stationed one of the few multiengine seaplanes in the country at Tavares. Twice a year the city holds a festival centered on the SPB, while another 14 festivals are held in the park annually. The pavilion has bookings out to 3 years. From an economic development standpoint, Tavares continues to position itself to reap the full benefits of its efforts. After 4 years of operation, it is about to see its 10,000th operation as its employees log aircraft that use the facility. A number of local busi- nesses have adopted a seaplane motif and seaplane-themed paraphernalia is available for purchase. The downtown area is slowly revitalizing itself with new building construction as a result of the city’s investment and elimination of impact fees for developers. Tavares’s efforts have also sparked within the state of Florida an increased awareness of the potential for economic activ- ity from seaplane base operation. The state’s economic development agency and Office of Aviation have actively promoted and supported the further development of SPBs within the state. Those efforts have resulted in the relocation of a seaplane manufacturer to a lake adjacent to Tavares. To facilitate the move, residents were educated about the necessary zoning change needed to accommodate seaplane activity. Another major seaplane float manufacturer has opened a float conversion and maintenance facility adjacent to Tavares at the Leesburg Municipal Airport, which has lake access as well. The airport has recently acquired property and constructed a seaplane ramp that ties into its existing taxiway system. It is currently pursuing revision to its airport layout plan to include a waterway landing area. Another airport in the state, Flagler County Airport in Palm Coast, is pursuing reactivation of its SPB. FIGURE 22 Highway road sign promoting the seaplane base at Tavares, Florida. (Credit: S. Quilty, SMQ Airport Services)

54 Next Steps Tavares’s city council is currently pursuing efforts to further expand the SPB and park. It has passed a bond issue to purchase additional land adjacent to the park and will relocate the boat ramp and parking area, while creating a dedicated seaplane parking and tiedown area to enhance safety. To become eligible for FAA grant funding, the city recognizes its SPB must be listed in the NPIAS. To be listed in the NPIAS, it has to be included in the FASP. To be included in the FASP, the SPB has to be part of the Continuing Florida Avia- tion System Planning Process (CFASPP). CFASPP is a method used within Florida to regionally and continuously monitor the aviation environment and determine the development requirements needed to best meet projected aviation demands. In order to determine the aviation demands for Tavares, the SPB must conduct a master plan study and develop an SBLP. Tavares is currently pursuing a master plan and SBLP. SEATTLE, WASHINGTON—LAKE UNION Lake Union, Washington, has two designated water landing areas and two privately owned public-use land facilities. The lake and SPBs are good examples of the complexity of ownership, operating rights, and the need for advocacy. It’s also an example of the confusion as to what constitutes an SPB. Two primary commercial seaplane operators conduct operations using Lake Union, along with other private seaplane pilots. Kenmore Air Harbor, Inc., conducts scheduled air taxi and unscheduled charter operation to 45 scheduled destinations and over 100 charter locations using 20 aircraft—a mix of radial-engine piston Beavers and turbine-engine Otters. It also is an international port of entry with staffed CBP personnel. Formed in 1946, Kenmore Air’s passenger terminal is located on Lake Union. Its maintenance base is located in Kenmore, Washington, on Lake Washington. It conducts close to 35,000 operations at both of its facilities annually. Kenmore has been in operation for more than 65 years. Also operating off of Lake Union is Seattle Seaplanes; it uses four smaller piston-engine aircraft and providing charter, sightseeing, and flight training. Seattle Seaplane registers approximately 2,500 operations annually, based on its 5010 Mas- ter Record from 2011. Seattle Seaplanes has been in operation for a little over 30 years. The people and city of Seattle have benefited from both operations. Classification To illustrate the difficulty in defining a seaplane base, a challenge exists in the classification of both 0W0 and W55. Both are identified as SPBs on Lake Union. Kenmore Air Harbor, Inc., does not report its enplanement data for W55, but data do exist for S60, its other facility on Lake Washington. W55 is not listed as being in the NPIAS or on AIP funding lists, despite the approximate 25,500 operations listed on its 5010 Master Record during its last inspection in 2011. It is listed as an unclassi- fied GA airport under the 2014 update to the ASSET Report, but it is considered a primary commercial service airport with Washington State DOT in its 2012 statewide airport economic impact study. Permitting The SPB operations on Lake Union illustrate some of the complexity of ownership and permitting processes. A review of FAA Form 5010 illustrates some of the confusion described in chapter one. Both Kenmore Air Harbor, Inc., and Seattle Sea- planes are listed as separate SPBs—W55 (Kenmore Air Harbor, Inc.) and 0W0 (Seattle Seaplanes). What is owned and oper- ated are the land facilities. However, W55 is 5,000 ft in length and listed under Kenmore Air. The other is 9,500 ft in length and listed with Seattle Seaplanes. Yet neither have ownership of the associated water landing area because it is a public lake. The owner listed in FAA Form 5010 refers to the land facilities and not the waterway. The State of Washington owns Lake Union. The Seattle Police Department Harbor Patrol Unit polices the lake and responds to emergencies. Kenmore Air owns its land, building, and dock, but not the water area where the dock is located. It leases a defined water lot for the dock from the state. It also leases additional land to the south from a private lot owner.

55 Seaplane users of Lake Union are currently seeking to mark the 5,000-ft waterway in the lake. The purpose for marking the waterway is to better inform boaters and other watercraft users of the seaplane operating area. The city of Seattle controls the acquisition and placement of buoys and markings in agreement with the USCG, and the local tribal authority has fishing rights on the lake that requires accommodation. An environmental impact statement is necessary for any build-out into the lake, such as with a dock. A dock can affect shading at the water bottom, which could possibly disturb eel grass and fish habitat in the vicinity of a dock, and any improve- ments would require review and/or permit from the following organizations: the USCG, USACE, and Washington State Departments of Natural Resource, Ecology, and Fish and Wildlife. Airspace As highlighted in chapter four, Seattle’s Department of Planning and Development undertook comprehensive planning as part of a project to revitalize and develop the South Lake Union District of Seattle. Development demands were to construct tall buildings in the aircraft approach area to Lake Union. The seaplane operators and pilots using Lake Union advocated for, and received, an air corridor to protect the approach and departure paths. The air corridor limits the height of buildings along the flight path (see Figure 21 in chapter five). Protec- tion was necessary because the approach and departure to the south end of Lake Union falls under the 1,800-ft limit of FAA Class B airspace for Seattle International Airport. The famous Seattle Space Needle is along the flight path to and from Lake Union and tops out at 741 ft. Figures 23 and 24 show the construction occurring in the vicinity of Lake Union and the reason for protecting the approach and departure paths at Lake Union. FIGURE 23 Construction cranes visible while on aircraft approach to Lake Union, Washington. (Credit: S. Quilty, SMQ Airport Services) FIGURE 24 Seattle Space Needle and crane near departure corridor at Lake Union, Washington. (Credit: S. Quilty, SMQ Airport Services)

56 The corridor leaves seaplane pilots, which operate primarily under visual flight rules, only about 500 ft to safely maneuver along the flight path. If the wind blows from the south and seaplanes must take off over the city, their climb performance is restricted and the tall buildings can present a safety challenge, absent a corridor. The challenge is not just their height, but the effect they have on creating wind turbulence that can affect aircraft performance and operation. For this reason the comprehen- sive plan identifies the need for an environmental assessment of certain buildings proposed along the corridor. A building assess- ment would include a wind shear analysis of the design to determine its impact and ability to create hazardous wind turbulence. Public Relations Sound energy generated by seaplane operations on Lake Union is a concern, and seaplane operators have taken measures to be good neighbors. Pilots and operators have converted their aircraft from two-bladed propellers to three blades. Another mea- sure taken over the years to help reduce noise levels from aircraft is the addition of turbine-powered aircraft. A turbine aircraft requires shorter runs for takeoff and can climb quicker to altitude than piston-powered aircraft. The result is a decrease in the duration of noise exposure. With input from local pilots, voluntary abatement procedures were suggested. Two primary procedures involved not oper- ating before 8 a.m. on weekdays and 9 a.m. on weekends, and to follow a defined flight path that reduces residential overflight below a certain altitude. The interaction of seaplane activity has caused concern with other users of the public lake, such as boaters, personal water- craft, and other recreational users. Those types of activities have increased significantly as the Seattle area has grown. Often, the other water users are not familiar with seaplane operations, making it difficult for seaplane pilots to properly ensure safe operating distances. Seaplane operators are considering having the waterway marked. As part of the effort, a public infor- mation campaign has been developed, to include activities such as development of an informational brochure, attendance at public meetings and hearings, and communication with boating and recreational user groups. Additional buoys and lights are being recommended. The lights are to be strobes located on the buoys that would operate for 4 minutes once activated by an aircraft radio. The lights will warn boaters and other water users of an approaching or departing aircraft. Economic Impact The City of Seattle and the Washington State Department of Transportation’s Aviation Division are seen as supportive of sea- plane operations because they both recognize the economic impact each has on the community. Kenmore Air Harbor’s opera- tion serves San Juan County with scheduled flights, as well as other destinations. San Juan County consists of all islands and has no connection to the mainland. The ferry system substitutes for what would normally be a county’s state highway system. Kenmore Air Harbor, Inc., and Seattle Seaplanes compete against this ferry system. Individuals will commute between the islands and Seattle area using the commercial seaplane operators because they are convenient to use and they save time over the ferry and mainland road system. In an economic impact report developed by Washington State DOT Aviation in 2012, Kenmore Air Harbor SPB (which included Seattle Seaplane operations) was identified as a primary commercial airport that enplaned 27,260 passengers, con- ducted 36,800 operations, and had a visitor spending impact of a little over $8 million. The maintenance facility has visitor spending of $1.8 million. The total labor impact of just Lake Union was 515 jobs, with a total direct, indirect, and induced payroll effect of $30.8 million. The total economic impact for Kenmore Air Harbor SPB was calculated to be $62.7 million.