Guest Editorial:

     On November 20, 2006 at 6 p.m. there will be a continuing public hearing by the Eatonville Planning Commission on a development named “Aviator Heights.” This development is on the southeast corner of the airport, Swanson Field. This development is in the aerospace district (zone) which is the land surrounding the runway. The aerospace district was supposed to be used to encourage aviation and the resulting economic growth.
     Aviator Heights as proposed does the opposite. Aviator Heights is simply an ill-conceived plan to carve out a section of the aerospace district and turn it into a housing development. This will have a very negative impact for all of Eatonville’s residents, even for those of us who never use the airport.  
     State laws and Eatonville’s own Comprehensive Plan call for protecting the areas around an airport from incompatible land use. Eatonville Aerospace District (zone) was developed to encourage aviation. Swanson Field is part of the Washington State Airport System and this airport has been designated as an “essential public facility.” Several government agencies use Swanson Field. In addition to private aircraft operations and the potential for economic growth, one of the most important uses of the airport is the availability of medical evacuation. Air ambulance services use both helicopters and airplanes. Swanson Field can accommodate both.

     Incompatible land use around an airport is the leading cause of airport closure. Residential housing is one of the worst cases. This is not the same as “aviation residential” which is when pilots “live with their plane.” Aviation residential is what we already have at the Swanson Field. Residential use that is not associated with aircraft causes big problems with airports. Noise complaints and a host of other issues become concerns for people who aren’t aviators. 
     Small airports across the country are closing each month due to encroachment. Aviator Heights will have no access from the building sites to the runway. Aviator Height is not aviation residential or commercial as allowed by the zoning and Comprehensive Plan. That makes Aviator Heights an incompatible land use. (WSDOT Aviation Planning Guide) The developer is proposing a row of hangers between the building sites and the runway. This actually brings about more problems, which will be covered later. Based on many cases throughout the country, once significant encroachment is allowed, it only a matter of time before the airport is lost. If that happens, all Eatonville residents lose.  
      Airports can co-exist safely and provide significant benefits to a community. There is also some risk involved regarding aircraft operations. In order to manage this risk, the Federal Aviation Administration (FAA) has developed regulations to address this issue. The FAA has many years of aviation accident information and they use this data to make the laws. Since not all airports are the same size, the FAA has four levels of regulations. Swanson Field is in the smallest category and has the least amount of restrictions. 
      These regulations are known as FAR part 77 and establish height restrictions around airports as well as define areas that need to remain clear any obstructions. Aviator Heights will penetrate the critical airspace as defined in FAR part 77.  Critical airspace penetration is a cumulative problem. The more you have it, the more danger there is. There are a few buildings around Swanson Field that also penetrate the critical airspace. These structures have been there for many years and the majority weren’t built in non-compliance. 
      When the runway was paved, it was also re-aligned. This moved the base line causing some non-compliance with the FAR part 77 airspace. It was determined that the re-alignment had a greater safety benefit. Aviator Heights will cause significant increase in the penetration of critical airspace and increased danger. The developer is also proposing a variance to reduce the lot sizes to increase the density. This will add more risk to the project. The hangers as proposed will be a very significant risk because they will be very close to the runway and cause additional penetration of the critical airspace.  

     The Eatonville Comprehensive Plans calls for prohibiting the penetration of FAR part 77 airspace. Unfortunately Eatonville has failed to pass the state required development regulations to enforce this federal safety regulation. The town staff is using this loophole to advocate the approval of Aviator Heights and the associated violations of the FAR part 77 regulations. This is a legal liability time bomb waiting to explode. In this era of legal litigation it is clearly irresponsible for the town to have this position. 
     In the event of an accident the town will be in an indefensible position because this issue has been clearly brought to their attention by the WSDOT (Washington State Department of Transportation). Why should the town residents pay higher taxes for insurance (if available), attorney fees, and other associated expenses?  The developer is using a Limited Liability Corporation (LLC). When the development is sold, the LLC is dissolved and the developer walks away liability free. Guess who is left holding the bag? The town and its residents. Is the town so beholden to the developer that they will ignore this risk? Apparently so, Eatonville Mayor Tom Smallwood seems unconcerned.
    Eatonville applies and receives grants from outside agencies. These grants have conditions that  must be met by the town. The runway at the airport was paved about thirteen years ago and ninety percent of that money came from the WSDOT Aviation Division from aviation fuel taxes. Eatonville agreed to keep the airport open and viable as a condition of that grant. More recently the town received a transportation study grant for Highway 161.This grant, although sometimes incorrectly called a downtown revitalization grant, was granted to Eatonville by the Puget Sound Regional Council (PCRC). 
      The PSRC is the primary transportation planning organization that joins together the counties, cities and towns in the Puget Sound area to do transportation planning on a regional basis. When a city or town applies for a grant, they must have the transportation portion of their Comprehensive Plan certified by PSRC. There are many conditions of certification but when an airport is involved, the PSRC requires that the federal regulations (FAR Part 77) are complied with. 
       met by the town. The runway at the airport was paved about thirteen years ago and ninety percent of that money came from the WSDOT Aviation Division from aviation fuel taxes. Eatonville agreed to keep the airport open and viable as a condition of that grant. More recently the town received a transportation study grant for Highway 161.This grant, although sometimes incorrectly called a downtown revitalization grant, was granted to Eatonville by the Puget Sound Regional Council (PCRC). 
      The PSRC is the primary transportation planning organization that joins together the counties, cities and towns in the Puget Sound area to do transportation planning on a regional basis. When a city or town applies for a grant, they must have the transportation portion of their Comprehensive Plan certified by PSRC. There are many conditions of certification but when an airport is involved, the PSRC requires that the federal regulations (FAR Part 77) are complied with. 
      

     In light of the town staff advocating non-compliance with the federal regulations, the Town of Eatonville’s guarantee or word isn’t worth much. The PSRC may revoke Eatonville’s certification for non-compliance, if that happens the town would no longer be eligible for transportation grants. Non-compliance with the current grant could also become an issue. The ability to receive grants is important to all residents of Eatonville. Everyone knows our roads can use any help available.
    If you have opinions about these issues, please attend the public hearing and voice your concerns.  The Planning Commission has the authority to impose conditions on this development. Aviator Heights could be changed to make it a compatible land use and comply with the federal regulations. If that happened this development could be a positive change for everyone. You can also submit your comments in writing, many people have. The members will be listening on Monday night and this will likely be the only chance to make your views heard. 

     Hal Burlingame
     Eatonville

Puget Sound Regional Council Weighs in
Suggests Action on Aviator Heights be Delayed "Indefinitely"

      November 19, 2006

     Bill Dunn, Vice-President for Airports with the Aircraft Owners and Pilots Association (AOPA) wrote to Phil Beach on November 16. Dunn states, in part, "The Aircraft Owners and Pilots Association has, on two occasions, expressed our strong opposition to the housing development being planned adjacent to Eatonville Airport. To date, we have not received the courtesy of a response to either letter from the town. Simply stated, the Aviator Heights development is not compatible land use with the airport. In spite of strong opposition by the aviation community, the town continues to persist in moving forward with an ill-conceived project."
     Dunn ends his letter by suggesting the "City Attorney" may want to do additional research regarding the liability factor in case of an accident. 
     AOPA has over 400,000 members. To read the AOPA letter please see AOPA Aviator Heights Letter