87-003134 Department Of Transportation vs. Whirleybird Helistop Status: Closed Recommended Order on Tuesday, December 22, 1987.

Summary: Revocation of helicopter airport permit because change in zoning eliminated that use from applicable local zoning. DOT required to proceed without respondent.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF TRANSPORTATION , )

)

Petitioner , )

)

vs. ) CASE NO. 87-3134

)

WHIRLEYBIRD HELISTOP , )

)

Respondent. )

__________________________________)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly

designated Hearing Officer, Stephen F. Dean, held a formal hearing in the above-

styled case on December 8, 1987, in Panama City, Florida.

APPEARANCES

For Petitioner: Vernon L. Whittier, Jr., Esquire

Department of Transportation

Haydon-Burns Building

605 Suwannee Street, Mail Station 58

Tallahassee, Florida 32399-0458

For Respondent: No Appearance

This cause arose by letter dated June 25, 1987, by the Department of

Transportation, Petitioner, notifying Whirleybird Helistop, Respondent, that its

airport license was being revoked because of the lack of proper zoning at the

site. Also, Bay County, owner of the property where the helistop is located,

notified the Respondent, through its attorney, by letter dated July 22, 1987, it

was terminating the concession agreement (lease) and (30 days to vacate the

premises.

The issues to be resolved are whether the license should be revoked because

of lack of proper zoning and no lease from the property owner for the site in

question.

FINDINGS OF FACT

1. The record reflects that notice was given to Respondent at its business

address. The hearing was recessed for over 15 minutes to give Respondent added

time to appear. Respondent has not contacted the Division as of the date of

this Order.

2. Yellow Whirleybird Helistop was issued an airport license renewal by

the Department of Transportation, on March 11, 1987, for a private helistop

located at latitude 30 degrees 11' 24" and longitude 85 degrees 49' 52" in Bay

County, Panama City Beach, Florida. The service provided by this helistop is

helicopter rides and it is located on property owned by Bay County, Florida.

3. The City of Panama City Beach enacted a land use ordinance, No. 316,

effective June 11, 1987, prohibiting the operation of sightseeing rotocraft

"within the area bounded on the north by the southerly right-of-way U.S. Highway

98, alternate (Front Beach Road) and south Thomas Drive, and east and west by

the easterly and westerly boundaries of the city, ---".

4. The heliport in question is located within the area described above.

5. The Office of the County Attorneys, Bay County, by letter dated July

22, 1987, notified Yellow Whirleybird Heli- copter, Inc. that the concession

agreement it had with the county was terminated and gave Yellow Whirleybird 30

days to vacate the premises.

6. The Department of Transportation, by letter dated June 25, 1987,

notified Yellow Whirleybird Helistop that its airport license was being revoked

because of lack of proper zoning at the site, due to Panama City Beach Ordinance

No. 316. In addition, suitable local zoning and ownership or lease of the

airport site are requirements of site approval and license by the Department.

CONCLUSIONS OF LAW

7. Notice was in accordance with the applicable statute and rules.

8. The Division of Administrative Hearings has jurisdiction over the

parties to and the subject matter of this case, pursuant to Section 120.57(1),

Florida Statutes. The Department of Trans- portation has authority to regulate

airports and issue licenses therefore, pursuant to Chapter 330, Florida

Statutes, and Chapter 14-60, Florida Administrative Code.

9. Section 330.30(1)(a), Florida Statutes (1985), provides in part:

2. That the proposed airport, if constructed

or established, will conform to minimum

standards of safety and will comply with

applicable county or municipal zoning

requirements.

10. Section 330.30(2), Florida Statutes (1985), provides in part:

(f) The department may revoke any license or

renewal thereof, or refuse to issue a

renewal, if it determines:

3. That, because of changed physical or legal

conditions or circumstances, the airport

has become either unsafe or unusable for

the aeronautical purposes for which the

license or renewal was issued.

11. Section 14-60.005, Florida Administrative Code, pro- vides in part:

(3) an applicant must have an option to buy

or be the owner or lessee of proposed

airport, ---

12. Yellow Whirleybird Helistop airport license for a private helistop was

renewed by the Department of Transportation on March 1, 1987. The City of

Panama City Beach enacted a zoning ordinance which became effective June 11,

1987, prohibiting sight seeing rotocraft operations from the beach inside the

corporate limits which included the sight in question.

13. Additionally, Bay County cancelled its concession agreement with

Yellow Whirleybird by letter dated July 22, 1987, which had allowed the

Respondent to operate helicopters from subject site providing rides.

14. Section 330.30(1)(a)2., Florida Statutes, requires the airport

(helistop) to comply with local zoning requirements and Section 14-60.005(3),

Florida Administrative Code, requires the applicant to be the owner or have a

lease to the airport prop- erty.

15. Section 330.30(2)(f), Florida Statutes, provides that the Department

may revoke a license or renewal when there has been a change in "--- physical or

legal conditions or circumstances ---" making the airport unusable for the

purpose for which the license was issued. In the instant case, the changed

zoning and the cancelled lease prohibit helicopter opera- tions from subject

site. Therefore, the license in question should be revoked because it does not

meet the zoning and lease requirements of the statute and the rule.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing

Officer recommends that the airport license located at latitude 30 degrees 11'

24" and longitude 85 degrees 49' 52" in Panama City Beach, Florida, issued to

Whirleybird Helistop, Respondent, for a private helistop be revoked because it

does not currently meet the zoning and lease requirements of the statute and

rule.

DONE AND ORDERED this 22nd day of December, 1987, in Tallahassee, Leon

County, Florida.

_________________________________

STEPHEN F. DEAN, Hearing Officer

Division of Administrative Hearings

The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

[phone]

Filed with the Clerk of the

Division of Administrative Hearings

this 22nd day of December, 1987.

COPIES FURNISHED:

Vernon L. Whittier, Jr., Esquire

Department of Transportation

Haydon-Burns Building

605 Suwannee Street, Mail Station 58

Tallahassee, Florida 32399-0450

Mr. Ron Brown

Whirleybird Helistop

430 Lyndell

Panama City Beach, Florida 32407

Douglas J. Sale, Esquire

City Attorney

110 South Arnold Road

Panama City Beach, Florida 32407

Kay N. Henderson, P.E., Secretary

Department of Transportation

Haydon-Burns Building

605 Suwannee Street, Mail Station 58

Tallahassee, Florida 32399-0458