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Item Q1
�S Q.1 I`� County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting June 16, 2021 Agenda Item Number: Q.1 Agenda Item Summary #3137 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500 1:30 PM PUBLIC HEARING AGENDA ITEM WORDING: A public hearing to consider adoption of an ordinance by the Monroe County Board of County Commissioners amending Monroe County 2030 Comprehensive Plan Policy 501.1.7, Objective 501.2, Policy 501.2.1, Policy 501.2.2, Policy 501.2.3 and Policy 501.5.3 of the Ports, Aviation and Related Facilities Element to allow airport improvements, which may impact wetland areas when there is no other viable alternative available, at the Key West International Airport and the Florida Keys Marathon International Airport, consistent with the Airport Master Plan and Airport Layout Plan for each public airport and consistent with all applicable federal and state permit/authorization requirements, including mitigation for environmental impacts. (File 2020-145) ITEM BACKGROUND: On January 20, 2021, the BOCC held a public hearing and adopted Resolution 040-2021 to transmit the proposed amendments to the Department of` Econo nic Opportunity (DEO) to review the proposal, DEO reviewed the amendment and issued an Objections, Recommendations and Comments (ORC°) report., received by the County on April 2., 2021, The ORC report included two (2) objections to the proposed amendment, summarized below: C3biectitn 1: Adoption by references The adoption of' the docunents must identify the title., and author of` the docu neat and., indicate clearly, what provisions and edition of` the document are being adopted, C3biectit n 2: Policy 501,11 proposes to exempt County public airports from wetland policies and does not implement the Principles for Guiding Development under Section 380,0552(7)(a), (b) (c), Florida Statutes, Goal 206,1 requires Monroe County to protect and conserve existing wildlife and wildlife habitats. Key West International airport and the Florida Keys Marathon fnternational Airport fall within in the Eastern fndigo Snare focus area, Tree cactus focus area, and the Tree snail focus area., as identified in the April 30,-2010., Biological Opinion issued by United States Fish and Wildlife services ( W` )e The proposed amendment would allow for the potential impact to these habitats fdentified in the F" S Biological Opinion, The exemptions from these policies would allow development of` the habitats without clear planning for Packet Pg. 2115 avoidance and mitigation for those impacts, The County is proposing further edits to the amendment to address the two objections received from DEO, C.tILt tv res tense tt> C3b ec ti'on....I' Added the title, and author of' the docurnent, date of` docurrent and BOCC approval date of each public airport master plan and layout plan, CIqnty response tt C3bjecti'on...2':- The County notes, the proposed amendment required mitigation for proposed impacts and continues to do so, The County is adding further clarification to the mitigation requirements (177qY' include, hut is not linfitedtit, WetIcind enhwicen7ent, restorcilion, crecilion cind,,or ci presermlion prqject Which 177q,y, he onsite nfitigcilion, qffiite nfitigcilion, cwdl'or the purcha e of fitigcilion credits) and adding reference to the "Permit Referral Process" within Policy 501,21 (ciceril�ying- that prqjectv n7u,vt be revieived purmicint to the "Pernfil R�Prrcil Proce,v,v"), Additionally, the County is providing more information of' the existing requirements of' the adopted "Permit Referral Process," which the County did not propose exempting the public airports frorn these review requirements based on the April 30,-2010, Biological Opinion issued by United States Fish and Wildlife Service (details included in Section fV, A.NA.I..,YSfS OF PROPOSED AMENDMENT), This is the second required public hearing on the proposal, for the BOCC to consider adoption of`the proposed Comprehensive Plan text amendment and submittal to DEO again for a compliance review, The amendment has been revised as described above (and depicted in the excerpt below) to address the two objections received frorn DEO, Amendment excerpt with proposed revisions in red: Policy 501.2.1 The development and expansion of aviation and related facilities shall be consistent with the future land use,coastal management and conservation elements-as am.I i ne 0 lrcrc.A.I.I.. The K---, West International "Air and Florida K---,s Manathon International Aii-12on. ale ......................................................................................................................................................................................................................................................................................................................................................................................................... i,u tl m. receive federal finiding firom the Federal Aviation Adnnnistrauon wmdl-nusT� .......................................................................................................................................co.nIpP...; vith ::.leer tonal safet" lecjifene.rlts and coniRtlance diecfive� de.v......e......oV.rent!. ...... p .... ........ ....... .... and en-nionn-lental pro-ecrion. and mitigation reguiren.lents- a,; set fi-�,nh in tbe ............................................................................................................. ...........................................................................I..... ............................................................................................................................ Cod,,-. of Federal ....................... Regulations & Tit1e Gianvs and Agreeirients and Title 4 Aemnaufic, ......................................................... ..............I............. . .........................................................................I.............................................................................................................................................................................�..,.,. all fefexenced alld..Ia�i2len-.Lentnw uuidance including,�National EnA-iromn-ental ................................ ............................E.-..........................................................I-..................................................................................... Policv Act (N ort Lp T�. and all .................................................��? ................................ apialmable Orders, Advi-sozv Cuculars and Proarmn Guidance Letters (K-J.). Furditr, both ..............I.......................................................................................................................................................I.......................................................................................... .............................................. state ftinding from 1,111 tailon aridinust .................................................. ....................................................................p 1 �51! ..................................................... compl,; iviflb all applicable Florida State Statit.ires- including Title XXV Aviation. Cbag rs .......................................................................................................................................................................................................................................................................................................................... 9 3 3 0-33 1,3 an d 3.33. ..... I................................................................. ..................................................... Packet Pg. 2116 The pro-visio.ris wit.11 in Policy 10 .1.1� Polic.�-20,.1.1. Db(ecth-e 2042 Policy 204.2.2, Policy ..................................................................... ...... ..... ...... '04-2-3- and Poticy M4.,�'.4 sluall not al My to the Kev West International Ailporr a-rid, the ....................................I.................................................................... ................. ............................................................................................................................................................. ................ Flon'da Kevs Mai-atbon hatena tic.al.A dl.�e to tile ovelridin-! - - - iliterest. fo'- the. ........................................................................................... r3 ....................................E' .................................................... developmexit and �npan.�don of aviation.and felated facilities. indhi.d.in-u ferlciflv,a4 these public ................................................................................... ...........................................................I...........................................I....................................... nnports to the econorfl-, of the Florida Kevs, refie�7�1,increntrig uaffic arA con,127CMITOII ................................................................ on U.S. I an d t vedf heafth a. safety nd-, a-re. ..........................................................................L............... Sri i ................. 'and, t�e e 0 11 of aviatton and related i )ofts.,, _. ....2 "" . ................................................................................................................................................... SIM.............. will be fevieAved based on the, reguirementq, belovv with local aprnY;,--ah,,- pert ided the,irnp� vement�,: Are c clash aent with tile adc)i,-�Ied Airpoit Ph.m.and.Ai.rv.jurt Lavcmt Plan. ................................ • The Key West Intemational Airport Master Phui Update, dated Septenabe 1 2019, mid Airport Layout Plan. dated Jmuw7v 2020. which werg:_a roved by the BOCC on Janumy 22 2020 and identifies proposed airport improvements through 203 5. • The Florida Kevs Mararl-ion International Airport Master Ph-Ul-U Tune 2020,and Airport Layout. lim. dated June 2020,whid=were approved b-V the BOCC on June 17, 2020 and identifies propased airport improvements N.Ieet .....................e....d....e.- 1 ...T , .r...e....m......e...nts....s...e....i..forth .....h......F.....A.......A....fors alsttalt ...d....i..a. t rec........i..v....e....f..e.den...a....l.....fu...ri..d....,... fol 'a'I.rpol-t operations and develorxn�nt. ...........i vt a and state ew�aronlnental. re3ource .... .... ................................................ recjl.�irement-s. indurding snit ivat ion. to compensate for d-le functional loss resulting from the pemutted wetland inilpact, o 'Mitigation fox %ve*land impacts shall be in accordwace va-h Stare! and federal requirements. ri Mitigation mav include, but is not limited to, ivefland enhancement- restoration. creation and"or .an, proiecL which may be onsite mitigation- offsite mitigation. Regional 011site Mitigation Areas (R.OALA, and,the 1--,ufchwe of mitigation credits from.permitted rintigationi banks. o The satisfaction of mitigation reguirements will be pnoritized Ividlin the County.based on state wld/or federal aaetic * Are revinved pursu-mitt.to the"Permit Referral Proces',s," for developmem that occurs vltfur areas designated as "Species Focus Areas (SE As)" or "Species Buffer Areas tSBAs)"as specified in the U-S. Fialn and Wildlife 'Sen-ice fUSFWS)April -30, 2010 &ological Opinion. 'The SF or Sias are areas ident.ified by the USFVS which contain potentiath, suitable habitat for nine. federal,1a7 protected spectes including- Eastem Indigo Snake.Key Deer- Ke-v Largo Cotton Mouse,Key.Laygo Wood at,K Tree-Camus', Loiver Keys Marsh Rabbit- Schaus, Sivalloivtail Buvefflv- Silver Rice Rat,mid Stock island Tree Snail_.tend * Meet Monroe County Comprehensive Ph., goals, objeCTIA-e-s', aild policies to rhe exto,;u ................................................................................................................................................................................................................ ... ................................................................ j.2racvcc.,bI,v- n-en rccluured federal ancl ,.,.tate obligations. To enhance thie uafitv ,-.kf life. .................................................................................................................................I.................................I....................................................................................cl................................................................... ensure ffie saim of Countv residents and visiton,� and prot.ecr -caluable naxural ....................................................................................................................................................................................................................................................................................... ...................................................................................... resoi..i,rces. ................................................. The Monroe County Airport Department submitted an application requesting amendments to the Ports, Aviation and Related Facilities Element of the Monroe County 2030 Comprehensive Plan, to allow airport improvements at the Key West International Airport and the Florida Keys Marathon International Airport, consistent with the Airport Master Plan (AMP) and Airport Layout Plan (ALP) for each public airport. In reviewing the AMP and ALP, the Airport Department anticipates, some of the future airport improvements may impact wetland areas when there is no other viable alternative available. As such, the Airport Department is requesting text amendments to Policy 501.1.7, Objective 501.2, Policy 501.2.1, Policy 501.2.2, Policy 501.2.3 and Policy 501.5.3, to allow the public airport improvements to proceed due to the public interest for the development and expansion of aviation and related facilities at the County's public airports, to support the economy of the I Packet Pg. 2117 Q.1 Florida Keys, relieve increasing traffic and congestion on U.S. 1, to enhance public health, safety and welfare and to comply with federal and state requirements for the safe and efficient operation of federally funded public airports. The Airport Department is specifically requesting that provisions within Policy 102.1.1 (wetland open space requirements), Policy 203.1.1 (mangrove wetland open space requirements), Policy 204.2.2 (wetland open space requirements), Policy 204.2.3 (limitation of structures and fill within wetlands), and Policy 204.2.4 (limitation of structures and fill within wetlands) not apply to the County public airports. The public airport projects will still continue to comply with all applicable federal and state permit/authorization requirements, including mitigation to compensate for the functional loss resulting from the permitted wetland impact. Examples of the types of projects that could not move forward without the proposed amendments include: security fencing within the salt pond, a taxiway extension within a mangrove area and a general aviation apron within a wetland area (improvements depicted in image below). These are the type of improvements needed for operational safety improvements (preventing individuals from accessing the airport and causing injury/threats to themselves or others as well as an additional taxiway to comply with FAA design standards for airplane operations) and to meet forecasts of anticipated passenger and aircraft operational growth (parking for general aviation aircraft and to accommodate additional aircraft during peak periods and irregular operations). ,A- 041) z t � i?,,)yxnw!N.wl Mtd'�,Ah()¢4v9,r-eAa0'a'kI yA) =J rn�a6 {,i um .N rpml Pic,y an i,sslrw s. Mcm f SNV,nr m ' c G or Mmglm rn,x F 'rV+Y9t 00igcm-""d ,4oa0r,QrxWd ,,,; r � f F a n `04 —— t n { While the County's Comprehensive Plan, if amended, would no longer restrict these improvements; the proposed amendment would still require all applicable federal and state environmental resource permit/authorization requirements, including mitigation to compensate for the functional loss resulting from the permitted wetland impact(i.e. the replacement, enhancement, and/or preservation of environmentally sensitive lands at specified ratios based on the quality of the impacted resource). Additionally, the improvements must be identified within the BOCC adopted Airport Master Plan and Airport Layout Plan; the improvements must meet federal requirements set forth by the FAA; Packet Pg. 2118 Q.1 the improvements must reviewed pursuant to the "Permit Referral Process;" and the improvements must meet Monroe County Comprehensive Plan goals, objectives, and policies to the extent practicable given required federal and state obligations, to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. PREVIOUS RELEVANT BOCC ACTION: On January 22, 2020, the BOCC approved the Director of Airports to execute along with the FAA the FAA approved Airport Layout Plan (ALP) for the Key West International Airport (EYW). On June 17, 2020, the BOCC approved the Director of Airports to execute, along with the Federal Aviation Administration (FAA), the FAA approved Airport Layout Plan (ALP) for the Florida Keys Marathon International Airport(MTH). On January 20, 2021, the BOCC approved Resolution 040-2021 transmitting the proposed comprehensive plan text amendment to the State for review. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: 2020-145 ORDINANCE CP Airport Adoption addressing 2 objections State Review Comments on Comp Plan amendment_MONROE COUNTY 21-02ACSC BOCC Resolution 040-2021_transmittal of amendment 2020-145_SR_BOCC_Airport CP_ADOPTION—changes addressing State comments Ex. A Key West Master Plan Executive Summary Ex. B Excerpt from the Key Westl Airport Master Plan Update Ex. C Marathon Master Plan Executive Summary Ex. D Excerpt from the Marathon Airport Master Plan Update Ex. E Excerpts from Ch 332 FS (Airport Law of 1945) Ex. F Airport Department application file_2020-145 Ex. G Permit Referral Process Species Assessment Guides Ex. H FAA FONSI ROD - Key West Airfield Improvements EA FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: Packet Pg. 2119 Q.1 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: n/a Additional Details: REVIEWED BY: Richard Strickland Completed 05/25/2021 12:00 PM Emily Schemper Completed 05/25/2021 2:25 PM Assistant County Administrator Christine Hurley Completed 05/28/2021 8:45 AM Derek Howard Completed 06/01/2021 9:39 AM Maureen Proffitt Completed 06/01/2021 10:02 AM Purchasing Completed 06/01/2021 10:18 AM Budget and Finance Completed 06/01/2021 11:17 AM Maria Slavik Completed 06/01/2021 11:38 AM Liz Yongue Completed 06/01/2021 12:00 PM Board of County Commissioners Pending 06/16/2021 9:00 AM Packet Pg. 2120 Q.1.a 1 . 2 3 k�r �� �t f, 0 V 4 w, c 5 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 9 ORDINANCE NO. -2021 10 N 11 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE E 13 COUNTY 2030 COMPREHENSIVE PLAN TO AMEND POLICY 501.1.7, 14 OBJECTIVE 501.2, POLICY 501.2.1, POLICY 501.2.2, POLICY 501.2.3 0. 15 AND POLICY 501.5.3 OF THE PORTS, AVIATION AND RELATED - 16 FACILITIES ELEMENT TO ALLOW AIRPORT IMPROVEMENTS, 17 WHICH MAY IMPACT WETLAND AREAS WHEN THERE IS NO 0. 18 OTHER VIABLE ALTERNATIVE AVAILABLE, AT THE KEY WEST 19 INTERNATIONAL AIRPORT AND THE FLORIDA KEYS MARATHON 20 INTERNATIONAL AIRPORT, CONSISTENT WITH THE AIRPORT < 21 MASTER PLAN (AMP) AND AIRPORT LAYOUT PLAN (ALP) FOR 22 EACH PUBLIC AIRPORT AND CONSISTENT WITH ALL APPLICABLE 23 FEDERAL AND STATE PERMIT/AUTHORIZATION REQUIREMENTS, 24 INCLUDING MITIGATION FOR ENVIRONMENTAL IMPACTS; 25 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF N 26 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO 27 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF 28 STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION 29 IN THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING 30 FOR AN EFFECTIVE DATE. (FILE 2020-145). 31 32 33 WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida 34 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the 35 health, safety, and welfare of the County's citizens; and < 36 c' CJ 37 WHEREAS, the County is authorized by Florida's Airport Law of 1945 to exercise 38 regulatory authority over the Key West International Airport and the Florida Keys Marathon Z 39 International Airport; and z 40 41 WHEREAS, the adopted 2030 Monroe County Comprehensive Plan includes Policies 0 LO 42 501.2.2, 501.5.2 and 501.5.3 which require that the Marathon and Key West airports shall be 43 expanded consistent with the needs identified in the updated master plan as approved by the BOCC 44 and that Monroe County shall continue to maintain and update a master plan, and the Airport 45 Layout Plan for each public airport pursuant to the rules of the Federal Aviation Administration; 46 and m 47 48 WHEREAS,the Key West International Airport and Florida Keys Marathon International Ordinance No. -2021 Page 1 of 3 File 2020-145 Packet Pg. 2121 Q.1.a I Airport are public airports that receive federal funding from the Federal Aviation Administration 2 and the Florida Department of Transportation must comply with operational safety requirements 3 and compliance directives, development restrictions, and environmental protection and mitigation 4 requirements, as set forth in the Code of Federal Regulations (CFR) and State Statute; and 5 6 WHEREAS, both public airports require an Airport Master Plan (AMP) and an Airport 7 Layout Plan (ALP) which require approval by the FAA as well as the Board of County 8 Commissioners at a public meeting; and 9 10 WHEREAS, the Board of County Commissioners approved the updated AMP and ALP 11 for the Key West International Airport on January 22, 2020; and 12 E 13 WHEREAS, the Board of County Commissioners approved the updated AMP and ALP 14 for the Florida Keys Marathon International Airport on June 17, 2020; and a. 15 - 16 WHEREAS, some of the future airport improvements at the Key West International 0 CL 17 Airport and Florida Keys Marathon International Airport may impact wetland areas when there is 18 no other viable alternative available; and 19 20 WHEREAS, the Airport Department is requesting text amendments to Policy 501.1.7, 21 Objective 501.2, Policy 501.2.1, Policy 501.2.2, Policy 501.2.3 and Policy 501.5.3, to allow the 22 public airport improvements to proceed due to the public interest for the development and 23 expansion of aviation and related facilities at the County's public airports, to support the economy u 24 of the Florida Keys, relieve increasing traffic and congestion on U.S. 1, to enhance public health, 00 25 safety and welfare and to comply with federal and state requirements for the safe and efficient N 26 operation of federally funded public airports; and 27 28 WHEREAS, the proposed amendment is specifically requesting that provisions within 29 Policy 102.1.1 (wetland open space requirements), Policy 203.1.1 (mangrove wetland open space 30 requirements), Policy 204.2.2 (wetland open space requirements), Policy 204.2.3 (limitation of 2 31 structures and fill within wetlands), and Policy 204.2.4 (limitation of structures and fill within 32 wetlands) shall not apply to the County public airports,but the public airport projects will continue 33 to comply with all applicable federal and state permit/authorization requirements, including 34 mitigation for environmental impacts to compensate for the functional loss resulting from 35 permitted wetland impacts; and c. 36 cJ 37 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 38 Comprehensive Plan and Land Development Code are to maintain public health, safety, and z �t 39 welfare of the citizens of the Florida Keys and to strengthen our local government capability to 40 manage land use and development; and 41 LO 42 WHEREAS, on November 16, 2020, the Monroe County Development Review Committee 43 (DRC) reviewed the proposed amendment; and N 44 WHEREAS,at a regularly scheduled meeting held on December 16,2020,the Monroe County 45 Planning Commission held a public hearing for the purpose of considering the proposed E 46 amendment and provided for public comment; and Ordinance No. -2021 Page 2 of 3 File 2020-145 Packet Pg. 2122 Q.1.a 1 2 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P34-20 3 recommending approval for the proposed amendment; and 4 0 5 WHEREAS, at a regularly scheduled meeting held on the January 20, 2021, the Monroe 6 County Board of County Commissioners held a public hearing, considered the staff report, and 7 provided for public comment and public participation in accordance with the requirements of state 8 law and the procedures adopted for public participation in the planning process; and 9 10 WHEREAS, at the January 20, 2021, public hearing, the BOCC adopted Resolution 040- � 11 2021, transmitting the proposed text amendment to the State Land Planning Agency; and 12 E 13 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 14 Objections, Recommendations and Comments (ORC) report, received by the County on April 2, a. 15 2021; and 16 CL 17 WHEREAS, the ORC report included two objections to the proposed amendment, which 18 are summarized below: 0 19 20 Objection 1: Adoption by reference. The adoption of the documents must identify the title, 21 and author of the document and, indicate clearly. what provisions and edition of the 22 document are being adopted. 23 24 Objection 2: Policy 501.2.1 proposes to exempt County public airports from wetland 0� 25 policies and does not implement the Principles for Guiding Development under Section N 26 380.0552(7)(a), (b)& (c),F.S. Goal 206.1 requires Monroe County to protect and conserve 27 existing wildlife and wildlife habitats.Key West International Airport and the Florida Keys 28 Marathon International Airport fall within in the Eastern Indigo Snake Focus area, Tree 29 cactus Focus area, and the Tree snail focus area, as identified in the April 30,-2010, 30 Biological Opinion issued by United States Fish and Wildlife services (FWS). The 31 proposed amendment would allow for the potential impact to these habitats identified in 32 the FWS Biological Opinion. The exemptions from these policies would allow 33 development of the habitats without clear planning for avoidance and mitigation for those 34 impacts; and 35 CL 36 WHEREAS, the County is proposing further edits to the amendment to address the two t� 37 objections received from the State Land Planning Agency, as summarized below: 11° 38 39 County response to Objection 1: Added the title, and author of the document, date of 40 document and BOCC approval date of each public airport master plan and layout plan. 41 ,n 42 County response to Objection 2: The County notes, the proposed amendment required 43 mitigation for proposed impacts and continues to do so. The County is adding further c„ 44 clarification to the mitigation requirements and adding reference to the "Permit Referral 45 Process"within Policy 501.2.1. Additionally,the County is providing more information on 46 the existing requirements of the adopted "Permit Referral Process," which the County did E 47 not propose exempting the public airports from these review requirements based on the 48 April 30,-2010, Biological Opinion issued by United States Fish and Wildlife Service; and Ordinance No. -2021 Page 3 of 4 File 2020-145 Packet Pg. 2123 Q.1.a 1 2 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the 3 proposed amendment, adopt the amendment with changes or not adopt the amendment; and 4 0 5 WHEREAS, at a regularly scheduled meeting on June 16, 2021, the BOCC held a public 6 hearing to consider adoption of the proposed Comprehensive Plan text amendment; and 7 8 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 9 Comprehensive Plan and Land Development Code are to maintain public health, safety, and 10 welfare of the citizens of the Florida Keys and to strengthen our local government capability to 11 manage land use and development; and 12 13 WHEREAS, based upon the documentation submitted and information provided in the 14 accompanying staff report, the Monroe County Board of County Commissioners makes the a. 15 following Conclusions of Law: E 16 CL 17 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 18 Monroe County Year 2030 Comprehensive Plan; and 19 2. The proposed amendment is consistent with the Principles for Guiding Development 20 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and 21 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY a 24 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 25 26 Section 1. The Monroe County Comprehensive Plan is hereby amended as follows: N 27 Proposed Amendment(deletions are s*ri ekef th-,),, .t,; additions are shown in underlined). 28 29 0 30 GOAL 501 31 Monroe County shall provide aviation facilities in a manner that maximizes safety, 32 convenience, economic benefit, environmental compatibility and consistency with other 33 elements of the comprehensive plan, including exercising its planning and land use authorities < CL 34 on County-owned airport properties within incorporated areas of the County. 35 36 Objective 501.1 Z 37 Because of the Florida Key's unique nature as an archipelago, Monroe County shall promote z 38 the preservation of existing airports, airstrips, and related activities. E5 39 40 LO 41 Policy 501.1.4 42 Monroe County shall continue to include existing airports and airstrips in airport land use 43 districts that only permit airport related land uses including those the County owns and 44 operates within incorporated areas of the County. 45 46 Ordinance No. -2021 Page 4 of 5 File 2020-145 Packet Pg. 2124 Q.1.a I Policy 501.1.5 2 Monroe County shall encourage the development of aviation facilities and activities that 3 relieve the traffic on U.S. 1 or serve as an alternative to U.S. 1 as a means of delivering 4 goods and services to the community. 5 6 Policy 501.1.6 7 Monroe County shall provide space at public airports for a wide variety of aviation 8 activities in order to provide a wide variety of services to the community. 9 10 Policy 501.1.7 11 F_atir-e 6 22, The "Key West Air-spaee International Airport Layout Plan," prepared by 12 Ricondo & Associates, Inc., dated January 2020 and approved by the BOCC on January E 13 22, 2020, and the "Florida Keys Marathon International Airport Layout Plan," 14 prepared by Ricondo& Associates, Inc., dated June 2020 and approved by the BOCC on 0. 15 June 17, 2020 , are hereby _ 16 incorporated by reference. 0 17 CL 18 Objective 501.2 19 The expansion of existing or new airport and airstrip facilities shall be coordinated with the 20 future land use, coastal management, and conservation elements and all applicable federal C 21 and state requirements for operation, development, and environmental protection of federally v, 22 obligated airports. o 23 24 Policy 501.2.1 0� 25 The development and expansion of aviation and related facilities shall be consistent with N 26 the future land use, coastal management and conservation elements as outlined herein. 27 28 The Key West International Airport and Florida Keys Marathon International Airport are 29 public airports that receive federal funding from the Federal Aviation Administration and 30 must comply with operational safety requirements and compliance directives, 0 31 development restrictions, and environmental protection and mitigation requirements, as 32 set forth in the Code of Federal Regulations (CFR) Title 2 Grants and Agreements and �t 33 Title 14 Aeronautics and Space, and all referenced and implementing_guidance including, 34 National Environmental Policy Act (NEPA), Airport Improvement Program, Part 139 35 Airport Certification, and all applicable Orders, Advisory Circulars and Program �C 36 Guidance Letters (PGL). Further, both public airports receive state funding from the 37 Florida Department of Transportation and must comply with all applicable Florida State 38 Statutes, including Title XXV Aviation, Chapters 329, 330, 331, 332 and 333. 39 z 40 The provisions within Policy 102.1.1, Policy 203.1.1, Objective 204.2, Policy 204.2.2, 41 Policy 204.2.3, and Policy 204.2.4 shall not apply to the Key West International Airport LO 42 and the Florida Keys Marathon International Airport due to the overriding public interest 43 for the development and expansion of aviation and related facilities, includingfencing,encing, at 44 these public airports to support the economy of the Florida Keys, relieve increasing traffic 45 and congestion on U.S. 1, and to enhance public health, safety and welfare. 46 m Ordinance No. -2021 Page 5 of 6 File 2020-145 Packet Pg. 2125 Q.1.a I Any development and/or expansion of aviation and related facilities at these public 2 airports will be reviewed based on the requirements below and may proceed with local 3 approvals, provided the improvements: 4 • Are consistent with the adopted Airport Master Plan and Airport Layout Plan, 0 5 o The Key West International Airport Master Plan Update, dated September 6 2019, and Airport Layout Plan, dated January 2020, which were approved v, 7 by the BOCC on January 22, 2020 and identifies proposed airport 8 improvements through 2035. , 9 o The Florida Keys Marathon International Airport Master Plan Update, 10 dated June 2020, and Airport Layout Plan, dated June 2020, which were N 11 approved by the BOCC on June 17, 2020 and identifies proposed airport 12 improvements through 2036. E 13 • Meet federal requirements set forth by the FAA for airports that receive federal 14 funds for airport operations and development, 15 • Comply with all applicable federal and state environmental resource 16 permit/authorization requirements, including mitigation to compensate for the - CL 17 functional loss resulting from the permitted wetland impact, 18 o Mitigation for wetland impacts shall be in accordance with State and 19 federal requirements. 20 o Mitigation may include, but is not limited to, wetland enhancement, �-- 21 restoration, creation and/or a preservation project which may be onsite 22 mitigation, offsite mitigation, Regional Offsite Mitigation Areas 23 (R.O.M.A) and the purchase of mitigation credits from permitted 24 mitigation banks. c 25 o The satisfaction of mitigation requirements will be prioritized within the 26 County, based on state and/or federal agency requirements. 27 • Are reviewed pursuant to the "Permit Referral Process" for development that 28 occurs within areas designated as "Species Focus Areas (SFAs)" or "Species 29 Buffer Areas(SBAs)" as specified in the U.S.Fish and Wildlife Service(USFW S) 30 April 30, 2010 Biological Opinion. The SFAS or SBAs are areas identified by the 2 31 USFWS which contain potentially suitable habitat for nine federally protected 0 32 species including: Eastern Indigo Snake, Key Deer, Key Largo Cotton Mouse, �C 33 Key Largo Woodrat, Key Tree-Cactus, Lower Keys Marsh Rabbit, Schaus 34 Swallowtail Butterfly, Silver Rice Rat, and Stock Island Tree Snail, and �C 35 • Meet Monroe County Comprehensive Plan goals, objectives, and policies to the c. 36 extent practicable given required federal and state obligations, to enhance the w 37 quality of life, ensure the safety of County residents and visitors, and protect 38 valuable natural resources. < 39 40 For development at the Key West International Airport and the Florida Keys Marathon 41 International Airport, this policy supersedes wetland restrictions for open space LO 42 requirements,restrictions on fill or structures in wetlands, and fencing into or through anX 43 wetlands or water bodies within the land development code. 44 N 45 46 47 Ordinance No. -2021 Page 6 of 7 File 2020-145 Packet Pg. 2126 Q.1.a I Policy 501.2.2 2 The Florida Keys Marathon International Airport and Key West aifpei4s International 3 Airport shall be expanded and improved to be consistent with the needs identified in the 4 updated Airport Master Plan and Airport Layout Plan as approved by the Board of County 0 5 Commissioners. The Key West International Airport Master Plan Update and Airport 6 Layout Plan were approved by the BOCC on January 22, 2020 and the Florida Keys 7 Marathon International Airport Master Plan Update and Airport Layout Plan were 8 approved by the BOCC on June 17, 2020. , 9 10 The Key West International Airport and Florida Keys Marathon International Airport 4 11 operate under strict federal and state requirements and must follow an extensive process 12 for update, review and approval of the Airport Master Plan and Airport Layout Plan to E 13 ensure these requirements are met. This comprehensive planning process occurs every 2 14 five to ten years and includes public, federal, and state agency review of the proposed a. 15 future development at each airport. The updated Airport Master Plan and Airport Layout 16 Plans (ALP)is approved by the FAA as well as the Board of County Commissioners at a 17 _public meeting. 18 0 19 Policy 501.2.3 20 If development activities to construct or expand airport or airstrip facilities 21 shall not take place in environmentally sensitive wetland areas tifiless because there is 22 no other viable alternative is available-, Mnlitigation and restoration shall be required 23 and approved according to federal and state permitting requirements eeeuf.,,i,o there is u 24 0 25 26 27 Objective 501.5 28 Monroe County shall coordinate all aviation or related facilities with the plans of the Federal 29 Aviation Administration, military services, resource planning and management plan 30 prepared pursuant to Chapter 380, Florida Statutes and approved by the Governor and 2 31 Cabinet, the Florida Department of Transportation (FDOT) District Six Five-Year 32 Transportation Plan and the Continuing Florida Aviation System Planning Process 33 (CFASPP) as adopted. 34 35 CL 36 Policy 501.5.2 U 37 Monroe County shall continue to maintain and update a master plan, and the Airport 38 Layout Plan for each public airport pursuant to the rules of the Federal Aviation z �t 39 Administration. z 40 E5 41 Policy 501.5.3 LO 42 All development on and expansions of existing public airports shall be done in accordance 43 with the updated Master Plan and Airport Layout Plan see Policy 501.1.7) of the airport 44 and shall be subject to all applicable policies of this Plan and the County Land 45 Development Code. [F.S. § 163.3177(6)(b)4.] 46 m 47 Ordinance No. -2021 Page 7 of 8 File 2020-145 Packet Pg. 2127 Q.1.a I Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or 2 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, 3 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but 2 4 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or 5 provision immediately involved in the controversy in which such judgment or decree shall be 6 rendered. 7 8 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with 9 this ordinance are hereby repealed to the extent of said conflict. 10 N 11 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land 12 Planning Agency as required by F.S. 380.05 (11) and F.S. 3 80.05 52(9). E 13 > 2 14 Section 5. Filin2. This ordinance shall be filed in the Office of the Secretary of the State a. 15 of Florida but shall not become effective until a notice is issued by the State Land Planning Agency 16 or Administration Commission finding the amendment in compliance with Chapter 163, Florida 0 CL 17 Statutes and after any applicable challenges have been resolved. 18 0 19 Section 6. Inclusion in the Monroe County Comprehensive Plan. The text amendment 20 shall be incorporated in the Monroe County Comprehensive Plan. The numbering of the foregoing 21 amendment may be renumbered to conform to the numbering in the Monroe County 22 Comprehensive Plan. 23 24 Section 7. Effective Date. This ordinance shall become as provided by law and stated 00 N 25 above. 26 27 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 28 Florida, at a regular meeting held on the 16th day of June 2021. 29 30 Mayor Michelle Coldiron 31 Mayor Pro Tem David Rice 32 Commissioner Craig Cates 33 Commissioner Eddie Martinez 34 Commissioner Mike Forster 35 a. 36 37 BOARD OF COUNTY COMMISSIONERS 38 OF MONROE COUNTY, FLORIDA 39 p 40 BY 41 MAYOR MICBELLE COLDIRON LO 42 43 (SEAL) CD N N 44 ATTEST: KEVIN MADOK, CLERK MONROE COUNTY ATTORNEY APPROVED AS TO FORM'- E 45 46 AS DEPUTY CLERK DERE oA A @ TAN 06NTY ATTORNEY Q DATE Ordinance No. -2021 Page 8 of 8 File 2020-145 Packet Pg. 2128 Ron DE, DeSands Dane Eagle �J GOVERNOR N FLORIDA DE3=ARTMENTtf � ECONOMIC OPPORTIJUrTY .N April 2, 2021 0. The Honorable Michelle Coldiron Mayor, Monroe County CL 25 Ships Way c, Big Pine Key, Florida 33043 Dear Mayor Coldiron: .� The Department of Economic Opportunity ("Department") has completed its review of the proposed comprehensive plans amendment for Monroe County(Amendment No. 21®02ACSC),which was received and determined complete on February 3, 2021.We have reviewed the proposed amendment in accordance with the state coordinated review process set forth in Sections 163.3184(2) and (4), Florida Statutes (F.S.), for compliance with Chapter 163, Part ll, F,S. The attached Objections, Recommendations, and Comments Report outlines our findings concerning the amendment.We have identified two objections and have included recommendations regarding measures that can be taken to address the objections. We are also providing a technical assistance comment. The comment is offered to assist the local government but will not forms the basis for a determination of whether the amendment, if adopted, is"in Compliance" as defined in Section 163.31 4(1)(b), F.S. Copies of comments received by the Department from reviewing agencies, if any, � are also enclosed. The County should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment, For your assistance,we have enclosed the procedures for final adoption and transmittal of CL the comprehensive plan amendment,The second public hearing, which shall be a hearing on whether 0. to adopt one or more comprehensive plan amendments, must be held within 180 days of your receipt c of the Department's attached report, or the amendment will be deemed withdrawn unless extended by agreement with notice to the Department and any affected party that provided comment on the amendment pursuant to Section 16 . 1 4(4)(e)1., F.S. N 0 Florida Department of Economic Opportunity Caldwell Building 107 E.Madison Street Tallahassee,FL 32399 850.245.7105 1 www r on �o b,orij www.twitter.com/FLDEO _. cebook. m1FLDE0 An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with disabilities.Ali voice telephone numbers on this document may be reached by persons using D equipment via the Florida Relay Service at 711. Packet Pg. 2129 The Honorable Michelle Coldiron, Mayor April 2, 2021 Page 2of2 N Department staff is available to assist the County to address the objection and comment. If you have an questions related to this review, lease contact Jennie Leigh Co Planning Analyst, b any . p !; Copps, g Anal Y Y telephone at(850)717-8534 or by email at jennie.copps@deo.myflorida.com. Sin ly, > r 0 ames D.Stansbury, Chief CL Bureau of Community Planning and Growth 0 JDS/jlc Enclosures:Objections, Recommendations,and Comments Report Procedures for Adoption Reviewing Agency Comments cv cc: Isabel Cosio Carballo, Executive Director,South Florida Regional Planning Council Christine Hurley, County Administrator, Monroe County CL 0. 0 0 N 0 Packet Pg. 2130 Q.1.b Objections, Recommendations and Comments Report �+ Proposed Comprehensive Plan Amendment MONROE COUNTY 21-02ACSC The Department of Economic Opportunity has identified two objections and a technical assistance N comment regarding Monroe County's proposed comprehensive plan amendment. The objections and technical assistance comment are provided below,along with recommended actions the County could E take to resolve issues of concern. If the County adopts the plan amendment without adequately addressing the objections,the Department may find the amendment not in compliance:with Chapter 163, Part II, Florida Statutes(F.S.), pursuant to section 163.3184(4)(e)4., F.S. Comments are offered to assist the local government and will not form the basis for a compliance determination. CL Department staff has discussed the basis of the report with local government staff and is available to assist the County to address the objections and comment. I.Obection: Objection 1:Adoption by reference cv Documents may be adopted into a comprehensive plan by reference, but not ,incorporated verbatim, pursuant to Section 163.3177(1)(b), Florida Statutes. The adoption of the documents must identify the `V title,and author of the document and,in.dicate clearly what provisions and edition of the document are being adopted. The proposed amendment includes changes to Policy 501.1.7 regarding the Key West Airspace International Plan and the Florida Keys Marathon International Airport Airspace c, Plan. Currently, the plans are incorporated into the comprehensive plan by reference to Figure 6-2. This is a specific reference to a specific document that if changed would nee6a comprehensive plan amendment to adopt the new plan. The proposed amendment strikes the reference to the adopted Figure and references the two airport plans as the "most recent updated" plans "approved by the Board i of County Commissioners." There is no clear reference to the edition of the plan with a specific date or volume. The policy only references"the most recent updated" plans. This reference to the"most recent updated plans" is repeated in implementing policies 501.2.1, 501.2.2., and 501.5.3., of the comprehensive plan that are also proposed for changes in this amendment. The lack of specific identification in Policy 501.1.7 to the document to be incorporated by reference and the allowance for the reference to be changed without an amendment to the comprehensive plan is inconsistent with the CL requirements of Section 163.3177(1)(b), F.S. This also does not set a meaningful and predictable 0. standard for implementation pursuant to Section 163.3177(1), F.S. Furthermore,the deficiencies with o U Policy 501.1.7., render Policies 501.2.1,501.2.2., and 501.5.3., without meaningful and predictable standards in their reference to the "most recent updated" plans. N Statutory Authority:Sections 163.3177(1)(b) Florida Statutes; 163.3177(6)(a)3:b., F.S; 163.3177(6)(a)3.f., F.S.; 163.3177(6)(b)3.b., F.S.; and 163.3177(6)(a)8.b.,F.S. o Recommendation:The County should revise Policy 501.1.7.,to identify the complete title,and author of the specific plan along with clearly indicating what provisions of the specific plans are being referenced. The reference also needs the edition of the document being incorporated as part of the comprehensive plan. This is normally done with a reference to a specific approval date of the document. This reference should be carried over to or cross referenced with the implementing policies identified above. The County should also establish a policy to identify how the most recent updated Packet Pg. 2131 airport plans will be tracked and the process that will be used for incorporating changes to these plans into the comprehensive plan. Objection 2:Area of Critical State Concern .N Policy 501.2.1 states that airports "must comply with all applicable Florida State Statutes". The regional and statewide resources of the Florida Keys prompted its designation by the Administration Commission E as an Area of Critical State Concern in December 1975 and the Florida Legislature in 1979(Section 380.0552, F.S.).The designation is intended to protect environmental or natural resources of regional or 0. statewide importance,the historical or archaeological resources and the major publ(�,.fargilities and area of major public investment. Many of the County's goals, objectives, and policies have been mandated by CL the State pursuant to the Area of Critical State Concern designation. In addition to those regulatory requirements established within Chapter 163, F.S., all planning and development within the Florida Keys 0 must be consistent with Section 380.0552(7), F.S., Principles for Guiding Development.These statutory requirements were adopted by the Florida Legislature and are specific for the Florida Keys area.The < proposed revision to Policy 501.2.1 is inconsistent with the Principles for Guiding Development. U Policy 501.2.1 proposes to exempt County public airports from Policy 203.1.1 regarding mangrove cv wetland open space requirements; Objective 204.2 prohibiting loss of undisturbed wetlands or the net loss of disturbed wetlands; Policy 204.2.2 regarding protections of wetlands through open space; Policy `V 204.2.3 regarding the limitation of structures and fill within wetlands; and Policy 204.2.4 regarding z exceptions prohibiting structures and fill within wetlands.These policies are intended to implement the requirements of Section 380.0552(7), F.S., Principles for Guiding Development, to protect c, environmentally sensitive lands such as wetlands and other surface waters,tropical hardwood hammocks and pinelands,as defined in the Monroe County Comprehensive plan. Specifically,the proposed policy does not implement the following Principles for Guiding Development i under section 380.0552(7), Florida Statutes: • Principle(a)To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation. CL 0. • Principle (b) To protect shoreline and marine resources, including mangroves, coral reef formations, sea grass beds, wetlands,fish and wildlife, and their habitat. o U 0 • Principle (c) To protect upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches,wildlife, and their habitat. 0 Goal 206.1 requires Monroe County to protect and conserve existing wildlife and wildlife habitats. Key West International Airport and the Florida Keys Marathon International Airport fall within the Eastern > Indigo Snake Focus area, Tree cactus Focus area,and the Tree snail focus area,as identified in the April 30, 2010, Biological Opinion issued by United States Fish and Wildlife services(FWS).The proposed amendment would allow for the poteritiai impact to these habitats identified in the FWS Biological Opinion.The exemptions from these policies would allow development of the habitats without clear planning for avoidance and mitigation for those impacts.The proposed change is inconsistent with the m Packet Pg. 2132 V Principles for Guiding Development and the requirements of Section 163.3177(6)(d)2., F.S., and is not supported with data and analysis to demonstrate the suitability of the sites for the proposed level of development. Statutory Authority:Section 163.3177(1) Florida Statutes; Section 163.3177(1)(b),.F,$ Section 163.3177(4)(b), F.S.; 163.3177(6)(a)8.b., F.S.; 163.3177(6)(d)2., F.S.; 163.3178(7), F.S,. and Section 380.0552(7) F.S. CD 2 Recommendations The County should add a policy identifying the legal description of the Key West International Airport and the Florida Keys Marathon International Airport, identify the maximum number of acres that may be impacted as a result of improvements to the airport, and identify CL appropriate mitigation location within Monroe County to prevent any net loss of wetlands.The County c, should ensure the proposed policy implements the Principles for Guiding Deve.lopment;.cThe County should revise Policy 501.2.1 to remove the exemption provision that provides "Policy 102.1.1, Policy 203.1.1, Objective 204.2, Policy 204.2.2, Policy 204.2.3, and Policy 204.2.4 shall not apply to the Key < West International Airport and the Florida Keys Marathon International Airport". Additionally,the U County should review any new policies with the potential removal of any habitat focus areas identified c, in the FWS Biological Opinion.These changes should be supported with data and analysis demonstrating cv consistency with the requirements of Section 380.0552(7) F.S. cv II.Technical Assistance Comment: fr fir +.;:. z Comment 1:State of Florida Master Site Plan File Records The 2020 Key West International's Airport Layout Plan indicates the East Martello Battery Bunker will be LU removed. The Florida Division of Historical Resources Master Site File contains records of the WWII site which includes a deed that transferred the airport properties from the federal government.The County should notify the Department of State's Bureau of Historical Preservation as development plans move toward removal to ensure the State of Florida's official inventory of historical records are up to date. CL 0. 0 c, 0 0 Packet Pg. 2133 Q.1.b SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR STATE COORDINATED REVIEW Section 163.3184(4), Florida Statutes 2 0. NUMBER OF COPIES TO BE SUBMITTED: Please Submit Electronically using the Department's electronic amendment submittal portal "Comprehensive Plan and Amendment Upload" (ftta11f1ddjr _ p or submit three complete copies of all comprehensive CL plan materials,of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format(PDF) to the State Land Planning Agency and one copy to each entity below that provided timely comments to the local government: the appropriate Regional Planning Council; W Water Management District; Department of Transportation; Department of Environmental Protection; Department of State;the appropriate county(municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services(county plan cv amendments only);and the Department of Education (amendments relating to public schools);and for >- certain local governments,the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the adopted amendment: i Department of Economic Opportunity identification number for adopted amendment package; Summary description of the adoption package, including any amendments proposed but not adopted; Ordinance number and adoption date; CL 0. Certification that the adopted amendment(s) has been submitted to all parties that provided o timely comments to the local government; 0 N Name,title, address,telephone, FAX number and e-mail address of local government contact; Letter signed by the chief elected official or the person designated by the local government. o Effective:June 2, 2011 (Updated March 2021) Page 1 of 2 Packet Pg. 2134 ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amendments, changes should be shown in strike-through/underline format; N In the case of future land use map amendment, an adopted future land use map, in color format, clearly depicting the parcel, its existing future land use designation, and its adopted designation; 2 0. A copy of any data and analyses the local government deems appropriate. 0 Note: If the local government is relying on previously submitted data and analysis, no additional data CL and analysis is required; c, 0 Copy of executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for state coordinated review: The effective date of this plan amendment, if the amendment is not timely challenged, shall be `V the date the state land planning agency posts a notice of intent determining that this amendment is in compliance. If the amendment is timely challenged, or if the state land planning agency issues a notice of intent determining that this amendment is not in compliance, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance." List of additional changes made in the adopted amendment that the Department of Economic i Opportunity did not previously review; List of findings of the local governing body, if any,that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship of the additional changes not previously reviewed by the CL Department of Economic Opportunity to the ORC report from the Department of Economic Opportunity, 0. 0 N 0 Effective:June 2, 2011(Updated March 2021) Pag 11 e 2 of 2 Packet Pg. 2135 From: �,� r�,,.. .::::... N ns Cc: ",—�rC :, s?..?a, .:.3. ....J,�..�.:I a¢a x.. ...:�;:... —Sh i .... .... ..x.G.�. {#.... ..0 9.,a.a...: Subject: [EXTERNAL] Monroe County,Comments on Proposed Comprehensive Plan Amendment Packages#21_lACSC, #21-2ACSC,and 21-3ACSC Date: Friday,February 5,2021 10:14:43 AM N Dear Mr. Eubanks: m 0 The South Florida Water Management District (District) has completed its review of the 3 proposed amendment packages from the Monroe County (County). The amendments include Text Amendments to the Comprehensive Plan's Glossary and to the Future Land Use, Housing, and Ports, CL and Aviation and Related Facilities Elements. There appear to be no regionally significant water resource issues; therefore, the District forwards no comments on the proposed amendment packages. The District requests that the County forward a copy of the adopted amendments to the District. Please contact me if you have any questions or need additional information. Sincerely, cv Ms.Terry Manning, Policy and Planning Analyst South Florida Water Management District Water Supply Implementation Unit 3301 Gun Club Road West Palm Beach, FL 33406 Phone: 561-682-6779 Fax: 561-681-6264 i E-Mail: tnanni RP_.5.f ns CL ns 0. 0 CJ 0 N 0 CJ ns ns Packet Pg. 2136 Q.1.b N From: dioht.Jason To: Santamarla-mayte@monmecounty-fl.nov:QDC .emalauwQcomments Cc: alldnella.Josh Sem=tt.Michelle:Conservation Planning Services Subject. [EXTERNAL]-FWC Comments on Monroe County (040-2021) Date: Wednesday,February 24,20219:35:38 AM ': c N Ms. Santamaria: E CD Florida Fish and Wildlife Conservation Commission (FWC) staff reviewed the proposed 0. comprehensive plan amendment in accordance with Chapter 163.3184(3), Florida Statutes. _ We have no comments, recommendations, or objections related to listed species and their 0 habitat or other fish and wildlife resources to offer on this amendment. CL If you have specific technical questions, please contact Michelle Sempsrott at(407)452- 1995 or Michelle.Sem ssrott@my c.com. All other inquiries may be directed to our office by email at Conservation PlanningServicesiMMyFWC.com. Sincerely, cv Jason Hight Land Use Planning Program Administrator Florida Fish and Wildlife Conservation Commission 620 S. Meridian Street, MS5135 Tallahassee, FL 32399 850-413-6966 Monroe County 20-02ACSC_43520 CL 0. 0 tJ 0 N 0 tJ Packet Pg. 2137 Q.1.b From: pfa'n N To: ...ncMvs ......... Cc: ut.......'..��:_ Subject: [EXTERNAL]-Monroe County 21-02ACSC Proposed Date: Friday,March 5,2021 3:25:10 PM Attachments: E:<t . ;nri N To: Ray Eubanks,DEO Plan Review Administrator m Re: Monroe County 21-02ACSC—State Coordinated Review of Proposed Comprehensive Plan Amendment _ C The Office of Intergovernmental Programs of the Florida Department of Environmental CL Protection(Department)has reviewed the above-referenced amendment package under the provisions of Chapter 163, Florida Statutes. The Department conducted a detailed review that C focused on potential adverse impacts to important state resources and facilities, specifically: air and water pollution; wetlands and other surface waters of the state; federal and state-owned `- lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; and water and wastewater treatment. cv Based on our review of the submitted amendment package,the Department has found no provision that, if adopted,would result in adverse impacts to important state resources subject >- to the Department's jurisdiction. i® Please submit all future amendments by email to ,r v rrr (la_de,1 . .ov. If your submittal is too large to send via email or if you need other assistance, contact Lindsay Weaver at(850) 717-9037. i ,> f. t8 C C N 'L C Packet Pg. 2138 DocuSign Envelope ID:D5F4C7A3-E25E-4DD0-B9CB-B586728F484A ch TransportationFDOT Florida Department of RON DESANTIS 1000 Nib 1 I1th dueness KEN71N I't`HIBA LT,P.E. GOVERNOR ►ami,F 33172-5800 SECRETARY � February 15, 2021 0. . Cheryl Cioffari, AICF Assistant Director of Planning Conroe County Planning and Environmental Resources Department Marathon Government Center 2798 Overseas Highway, Suite Marathon, Florida 3 Subject: Comments for the MonroeComprehensive I FDEO .. Dear Ms. Cio ' ri: Pursuant to Section 163.3184(3), Florida Statutes (F. .), in its role as a reviewing agency as identified in Section 1 3.31 (1)(c), the Florida Department of Transportation, District Six, reviewed the proposed amendment to the Monroe County's comprehensive plan. The proposed amendment will modify provisions within Policy 102.1.1 (wetland open space requirements), Policy 2 3.1.1 (mangrove wetlan open space requirements), olicy 204.2.2 (wetland ace requirements), olicy . (limitation of structures and f!ll within lands), and Policy 20 . (limitation of structures and fill within wetlands) such that they shall not apply to the Key West International Airport and the Floridaeys Marathon International Airport. c The District reviewed the amendment package per Chapter 163 Florida Statutes and found the proposed amendment wold not adversely impact transportation resources and facilities of state importance. In addition, the District recommends that E the County continue to identify and address the needs of all modes of travel, including �i public transportation. The District encourages the County to include pedestrian and bicycle facilities to promote a walkable and connected community consistent with ss. 163.3177, Florida Statutes. Please transmit a coy of the amendment, along withthe supporting data and analysis, to the District upon its adoption. Thank you for coordinating on the review Improve Safety, Eiahance Mobilhy Inspire Innovation www.fciot.gov Packet Pg. 2139 DocuSign Envelope ID:D5F4C7A3-E25E-4DD0-B9CB-B586728F484A Ms. Cheryl Cioffari, AICP February 15, 2021 ' N Page 2 of this proposed amendment with FDOT. If you have any questions, please do not hesitate to contact me by email atr €sh,gfcrat . 1. or at 305-470- N 5393. CD Sincerely, 0. Dmuftned by: ,® 0 BOBCDD5755954DD... CL Shereen Yee Fong Transportation Planner Cc: Daniel Iglesias, P.E., Florida Department of Transportation, District 6 Dat Huynh, P.E., Florida Department of Transportation, District 6 Kenneth Jeffries, Florida Department of Transportation, District 6 Ray Eubanks, Department of Economic Opportunity Isabel Cosio Carballo, South Florida Regional Planning Council Kathe Lerch, South Florida Regional Planning Council CL 0. 0 0 N 0 www.fdot.gov Packet Pg. 2140 Q.1.b From: KAJI" (evd TO: a�hi ...-T^ { C .>.< tE F x j3 Y k t 51< s .e t1 .............ft"A Y"i6 F"„�kdk kl4d? ..,...,axv, t3i� .....corj.., ..../ Subject: [EXTERNAL]-SFRPC Council Meeting February 22,2021 Agenda Item IV,C,Consent Date: Monday,February 22,2021 4:00:34 PM Attachments: g G: k�=:W a 2 v ae i F'c47: t i? x a 0 m E 0 CL tJ 0 tJ At the February 22, 2021 Council Meeting,the South Florida Regional Planning Council approved the attached report, finding the proposed and adopted amendments to be `V generally consistent with the Strategic Regional Policy Plan for South Florida. Should you have any questions,contact Isabel Cosio Carballo, Executive Director, at(954) 924-3653 or 4f .af}'fflh. `rr" ®® W Broward County Commission SFRPC Agenda IV.0#20-06ESR; Mayor.. _ ww CC Steve Geller Deanne D. Von Stetina/Jo Sesodia/Barbara Blake Boy 14 CL Monroe County Commission SFRPC Agenda IV.0#21-01,21-02,21-03ACSC; 0. Ivy, yrr,' ........ o CJ Michelle Coldiron Emily Schemper/Heidi Siegel/Cheryl Cioffari/ . a�.a �..... .., ,. E 0 Town of Davie SFRPC Agenda IV.0 20-02ESR; Ivi a 140 C C m Judy Paul David Quigley/David Abramson I' ,V; a.-.a.��. '{ ��.'....., ..... ,�9 ',F t U) City of Marathon SFRPC Agenda IV.0#21-01ACSC; Ma�Cr CC Packet Pg. 2141 Q.1.b Luis Gonzalez George Garrett/Brian Shea/ v, City of Miami Beach SFRPC Agenda IV.C,#20-02,3,4,SESR; N Mayor CC Dan Gelber Thomas Mooney W l s€g�(is did. i' It :i � ,1st ,..",`� t�l ,� Y%S;3 1 t � rl #'�f( f— �t { t � ,':r• � City of Miramar SFRPC Agenda IV.C,#20-02ESR; M.....®..a.'orCL Wayne M. Messom Eric Silva �...__ e..��_..... .�. gem.. City of Oakland Park SFRPC Agenda 1V.0#20-02ESR; U Jane F. Bolin Jennifer Frostai/Peter Schwarz/Richard Buckeye/ cV Alexander Dombach i N n, e �.......F r......., ! .,. .... .m... me ., Z 0 City of Parkland SFRPC Agenda IV.C,#20-02ESR; i Rich Walker Michele Mellgren/Nancy Morando m ix�.�.�i_la sl lr.._t._'�..!..�,, Y"\rPl(....�.>^;u 6 j1 xE,'.v_ 5...I< ��i f „r. Village of Sea Ranch Lakes SFRPC Agenda IV.C,#20-01ER; Mav,,r cc CL 0. Jeffrey Nelson Starr Paton m E ail E 0 N City of Sweetwater SFRPC Agenda IV.0#20-01ESR; Orlando Lopez Manny Salazar/Ralph Rosado/ Uo lit �E!_ :.',. ..i.w, �.� cam. _ �v`x n.3%•`i ._.�_..� .:.( 2 r `...� f. � s# ?,r City of Wilton Manors SFRPC Agenda IV.C, 20-01ESR; ant.... cc Scott Newton Roberta Moore, Director .(2\",i_� Y ri ri,i Ii^�, ��, .{ 7?'i flj;('� Y¢? t'Ojil �"i}� t;. S Packet Pg. 2142 Q.1.b N i,oLhe Ann Lerch p;ce Administrator SnuM Flor!do Regional'P!Onning 6u!lcil N .1 Clakwood Boulevard; Srxite 25Q.Hollywood, FL 33020 954-924-3653 Check us out:Wb Re � q �� � � 0. 0 mJSFRPC CL South Florida Regional Planning Council Confidentiality Notice:Please note that Morida has a broad public records Isar and all correspondence sent to me via emaH may be subject to disclosure. CJ CJ cv r cv CJ CL I 0. 0 tJ 0 N 0 tJ Packet Pg. 2143 Q.1.b N 6 W .N MEMORANDUM AGENDA ITEM#IV.0 > 2 DATE: FEBRUARY 22, 2021 CL TO: COUNCIL MEMBERS cJ 0 FROM: STAFF SUBJECT: LOCAL GOVERNMENT COMPREHENSIVE PLAN PROPOSED AND ADOPTED AMENDMENT CONSENTAGENDA c44 Pursuant to the 1974 Interlocal Agreement creating the South Florida Regional Planning Council(Council), the Council is directed by its member counties to"assure the orderly,economic,and balanced growth and development of the Region, consistent with the protection of natural resources and environment of the Region and to protect the health,safety,welfare and quality of life of the residents of the Region." c, In fulfillment of the Interlocal Agreement directive and its duties under State law, the Council reviews local government Comprehensive Plan amendments for consistency with the Strategic Regional Policy Plan for5outh Florida(SRPP). Pursuant to Section 163.3184, Florida Statues as presently in effect,Council i review of comprehensive plan amendments is limited to 1) adverse effects on regional resources and facilities identified in the SRPP and 2) extra-jurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the Region. The Council's review of amendments is conducted in two stages: (1) proposed or transmittal and (2) adoption. Council staff ra reviews the contents of the amendment package once the Department of Economic Opportunity certifies its completeness. CL 0. A written report of Council's evaluation pursuant to Section 163.3184, Florida Statutes, is to be provided o to the local government and the State Land Planning Agency within 30 calendar days of receipt of the amendment. 0 N Recommendation Find the proposed and adopted plan amendments from the local governments listed in the tables below o generally consistent with the Strategic Regional Policy Plan for South Florida. Approve this report for transmittal to the local governments with a copy to the State Land Planning Agency. ra 14 South Florida Regional Planning Council i Oakwood Boulevard,Suite 25o, Hollywood, Florida 33020 a 6 Phone 2 6 FAX 954-9 4-3 53 ,954-9 4-3 54 Packet Pg. 2144 PROPOSED AMENDMENTS i2 Local Government Local Government and Plan Proposed Adopted Council Review Transmittal or Amendment Number Date Adoption Public E Hearing and Meeting > 2 Monroe County I 0. 21-0IACSC E 0 (received 01-28-21) N/A 02-22-21 01-20-21 CL 1. The proposed amendments to Monroe County's Comprehensive Plan are text amendments to the r_ 0 Comprehensive Plan's Glossary and to the Future Land Use, Housing, and Ports, and Aviation and Related Facilities Element, including modifying the definitions of accessory use or accessory Structure, household, < transient unit and dwelling unit; deleting the definition of family; and inserting definitions of kitchen, lock-out unit and wet bar. U) 2.The amendments affect Monroe County. 3.The amendments do not create any adverse impacts to state or regional resources/facilities. z Monroe County 0 21-02ACSC 0 (received 01-28-21) N/A 02-22-21 01-20-21 z 0 1.The proposed amendment to Monroe County's Comprehensive Plan modifies provisions related to wetlands, open spaces, and mangroves to allow airport improvements,which may impact wetland areas when there is no E other viable alternative available, at the Key West International Airport and the Florida Keys Marathon International Airport. 2. The amendment affects the Key West International Airport and the Florida Keys Marathon International E Airport in Monroe County. 3.The amendment does not create any adverse impact to state or regional resources/facilities. CL 0. E 0 ---- .-----.......... .....____...... ..... . ........ ................ 0 Monroe County 21-03ACSC (received 01-28-21) 1/ N/A 02-22-21 01-20-21 E E 0 -"—--------------1. The proposed amendment to Monroe County's Comprehensive Plan modifies the Future Land Use Element and the Housing Element to establish a new building permit allocation category to accept and award 300 workforce housing early evacuation unit building permit allocations pursuant to the Workforce-Affordable Housing Initiative,and establishes specific requirements. 2.This amendment affects Monroe County. U) 3.This amendment does not create any adverse impact to state or regional resources/facilities. E 2 Packet Pg. 2145 Q.1.b Local Government Local Government and Plan Proposed Adopted' Council Review Transmittal or- Amendment Number `Date Adoption Public Hearing and Meeting City of _ .........._w 0 Marathon 0 21-01ACSC € J N/A 02-22-21 01/12/21 (received 02-03-21) I CL ... �.........._�.� 11 I �W ... ca 1. The proposed amendment revises the City of Marathon's Comprehensive Plan by amending the land use designation of two properties on the Future Land Use Map (FLUM) from Residential High (RH) to Mixed Use Commercial (MU-C) with the intent of allowing the expansion of an adjacent marine aquaculture/research facility. 2.This amendment affects two properties located at 163 63 Street (Ocean) in the City of Marathon. 3.This amendment does not create any adverse impact to state or regional resources/facilities. City of - - 1 � Wilton Manors 21-01ESR J N/A 02-22-21 ° 12-08-20 (received 01-05-21) .,,m„ .��.... _._ ,,,...e.,.®. ......... -. fig. ... 1. The proposed amendment revises the City of Wilton Manors Comprehensive Plan by modifying the density and intensity of the Transit-Oriented Corridor (TOC) land use designation, with the intent to facilitate redevelopment within the City's mixed-use TOC designated area.The amendment would allow a twenty percent increase in units within the TOC, in accordance with Broward Next. 2.This amendment affects the City of Wilton Manors. 3.This amendment does not create any adverse impact to state or regional resources/facilities. CL 0. 0 0 N 0 3 Packet Pg. 2146 Q.1.b ADOPTED AMENDMENTS Local Government Local Government_ and Plan Proposed Adopted Council Review Transmittal or N Amendment Date :Adoption Public Number Hearing and E Meeting i I Broward County E 20-06ESR 1 (received 01-28-21) N/A 02-22-21 01-26-21 1. The proposed amendments revise Broward County's Land Use Plan (BCLUP) by amending the Natural 0 Resource Map Series(PCNRM 20-1)and reflecting amendments of the cities of Pembroke Pines and Tamarac to the future land use elements of their respective comprehensive plan as follows: 1.1. The Natural Resource Map series is updated every other year and the proposed revisions are based on O actions that the Broward County Environmental Protection and Growth Management Department O (EPGMD) took from January 1, 2018 through December 31, 2019. The actions included observing or delineating wetlands on a parcel and issuing an Environmental Resource License which formally N identifies wetlands or removing wetlands that are no longer environmentally significant. The actions resulted in the addition of 85.25 acres and the removal of 9.21 acres. 1.2. The amendment to the BCLUP—City of Pembroke Pines—amends the land use designation of 49 acres of Commerce and 509.2 acres of Irregular Residential to 30.6 acres of Commerce and 527.6 acres of ( O irregular Residential, located on the east side of SW 172"a Avenue between Pembroke Road and Pines Boulevard. 1.3. The amendment to the BCLUP —City of Tamarac—amends the land use designation of 168.7 acres of Commercial Recreation to Low (5) Residential. i 2.The amendments affect Broward County. 3.The amendments do not create any adverse impacts to state or regional resources/facilities. 4.The Council previously reviewed this amendment when proposed. Town of Davie CL � � - 20-02 ESR 0. (received 01-26-21) N/A ,/ 02-22-21 01-06-21 - _. 1. The adopted amendment to the Town of Davie's Comprehensive Plan updates the Town's Water Supply N Facilities Work Plan. 2.The amendment affects the incorporated area of the Town of Davie. 3.The amendments do not create any adverse impact to state or regional resources/facilities. o 4.At the proposed stage of this amendment,the South Florida Water Management District provided comments O that were addressed prior to adoption. City of Miami Beach 20-02ESR i (received 01-20-21) N/A 02-22-21 12-09-20 4 Packet Pg. 2147 N Local Government Local Government and Plan Proposed Adopted Council Review Transmittal or j Amendment Date Adoption Public Number. Hearing and. Meeting - - E 1. The adopted amendment to the City of Miami Beach's Comprehensive Plan establishes the Wolfsonian Arts District within the Medium Intensity Commercial(CD-2) land use category and increases the maximum floor area 0. ratio from what is currently allowed.The intent of the amendment is to allow for the expansion of the Wolfsonian — Art Museum. 0 2.This amendment affects the area within the Wolfsonian Arts District in the City of Miami Beach. CL U 3.This amendment does not create any adverse impact to state or regional resources/facilities. 4.The Council did not review this amendment when proposed. 0 City of Miami Beach 20-03 ES R eC (received 01-20-21) N/A J 02-22-21 10-14-20 N .. N 1. The adopted amendment to the City of Miami Beach's Comprehensive Plan allows for development of hotels along Lincoln Lane South, an alley on the south side of the Lincoln Road Mall, authorizing hotel uses within the Low Density Multi Family Residential(RM-1)future land use category within a small area. 2. This amendment affects the area within the Flamingo Park Historic District that abuts Lincoln Lane South between Drexel Avenue and Lenox Avenue in the City of Miami Beach. 3.This amendment does not create any adverse impact to state or regional resources/facilities. 4.The Council previously reviewed the amendment when proposed. i City of Miami Beach -o 20-04ESR ai (received 01-20-21) N/A 02-22-21 11-18-20 CL the Low-Density Multi-Family Residential RM-1 land use category at designated historic sites 1. The adopted amendment to the Cityof Miami Beach's Comprehensive Plan allows development of hotels in Y Y ( ) g rY g in North Beach. ( E 2. This amendment affects sites north of Normandy Drive in the City of Miami Beach, which are designated historic,and lots that are greater than 30,000 square feet. 3.This amendment does not create any adverse impact to state or regional resources/facilities. N 4.The Council previously reviewed these amendments when proposed. .._ City of Miami Beach 20-05ESR m (received 01-20-21) N/A 02-22-21 11-18-20 , m..m.... ......... . p Y P p policy guidance, _ 1.The adopted amendment to the City of Miami Beach's Comprehensive Plan provides olic e, and establishes a neighborhoods map,with the intent of retaining the unique character of the Sunset Harbor neighborhood. The amendment would support the neighborhood vision of a small town, mixed-use community. 2.This amendment affects the Sunset Harbor neighborhood in the City of Miami Beach, located north of Dade Boulevard, west of Alton Road, approximately encompassing the blocks of 18th through 20th Street. 5 eC Packet Pg. 2148 Local Government Local Government and Plan Proposed Adopted Council Review Transmittal or Amendment Date Adoption Public Number Hearing and I, Meeting 3.This amendment does not create any adverse impact to state or regional resources/facilities. 4.The Council previously reviewed this amendment when proposed. CL City of Miramar l20-02ESR (received 02-03-21) N/A I' �/ 02-22-21 01-27-21 I 0. 1. The adopted amendment restates and amends the school-related the � W p provisions of the City of Miramar s U Comprehensive Plan to reflect the new districtwide level of service(LOS)standards for bounded public schools in c, the City. N 2.This amendment affects the City of Miramar. 3.This amendment does not create any adverse impact to state or regional resources/facilities. 4.The Council previously reviewed this amendment when proposed. _ I City of Oakland Park - 20-02ESR 1 0 (received 01-14-21) N/A �/ 02-22-21 12-16-20 1. The ado ted amendment—to ndment to the City of Oakland Parks Comprehensive Plan incorporates �w. p Y � .- p � the City's 10-Year Water Supply Facilities Work Plan and related amendments. E 2.This amendment affects the City of Oakland Park. 3.This amendment does not create any adverse impact to state or regional resources/facilities. 4.The Council previously reviewed this amendment when proposed. CL ( `� - — City of Parkland _ _ 0 20-02ESR U (received 01-05-21) N/A J 02-22-21 12-16-20 0 N 1. The adopted amendments provide updates to the Future Land Use Element, Capital Improvement Element, m Intergovernmental Coordination Element and Transportation Element of the City of Parklands Comprehensive Plan. In addition, the City adds a new element, titled Public Schools Facilities Element. The updates are to maintain ` consistency with the Broward County Comprehensive Plan Transportation Element to support complete streets, and j m to provide an annual update to the five-year Capital Improvement Plan (CIP). The Public Schools Facilities Element j establishes compliance with the provisions of the third amended and restated Interlocal Agreement (TRILA)which j requires parties to the agreement to adopt state provisions for school concurrency, level of service measurement, approval processes,student generation rates, mitigation approval,and the School Board's Capital Plan. 2.The amendments affect the incorporated area of the City of Parkland. 3.The amendments do not create any adverse impact to state or regional resources/facilities. ( m 4.The Council previously reviewed this amendment when proposed. 0 I I 6 Packet Pg. 2149 Q.1.b i N Local Government Local.Government and Plan Proposed Adopted Council Review Transmittal or Amendment Date Adoption Public Number 'Hearing and. Meeting Village of Sea Ranch Lakes 20-01ER N/A 02-22-21 01-13-21 0 (received 01-29-21) CL 1. The adopted amendment updates the Coastal Management Element of the Village of Sea Ranch Lakes' Comprehensive Plan and adopt the Evaluation and Appraisal Report (EAR) based amendments to be consistent E with state, regional,and local regulations. 2.This amendment affects the incorporated area of the Village of Sea Ranch Lakes. 3.This amendment does not create any adverse impact to state or regional resources/facilities. 4.The Council previously reviewed this amendment when proposed. cv City of Sweetwater 20-01ESR (received 01-05-21) N/A 02-22-21 12-07-20 U 1.The adopted amendment to the Future Land Use Element of the City of Sweetwater's Comprehensive Master W Plan addresses elderly and workforce housing issues in the City. The amendment provides specific density incentives for projects encompassing 100% elderly or workforce housing units, addressing the needs of the , elderly,and workforce populations. 2.This amendment affects the incorporated area within the City of Sweetwater. 3.This amendment does not create any adverse impact to state or regional resources/facilities. 4.The Council previously reviewed this amendment when proposed. CL 0. 0 0 N 0 7 Packet Pg. 2150 1 2 3 4 5 c 6 7 MONROE COUNTY,FLORIDA 8 BOARD OF COUNTY COMMISSIONERS 9 RESOLUTION NO. 040 -2021 , 10 11 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY N 12 COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING 13 AGENCY AN ORDINANCE BY MONROE COUNTY BOARD OF 14 COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE 15 MONROE COUNTY 2030 COMPREHENSIVE PLAN TO AMEND 0. 16 POLICY 501.1.7, OBJECTIVE 501.2, POLICY 501.2.1, POLICY 501.2.2, 17 POLICY 501.2.3 AND POLICY 501.5.3 OF THE PORTS, AVIATION AND 18 RELATED FACILITIES ELEMENT TO ALLOW AIRPORT CL 19 IMPROVEMENTS, WHICH MAY IMPACT WETLAND AREAS WHEN 20 THERE IS NO OTHER VIABLE ALTERNATIVE AVAILABLE, AT THE 21 KEY WEST INTERNATIONAL AIRPORT AND THE FLORIDA KEYS 22 MARATHON INTERNATIONAL AIRPORT, CONSISTENT WITH THE 23 AIRPORT MASTER PLAN (AMP)AND AIRPORT LAYOUT PLAN(ALP) 2.4 FOR EACH PUBLIC AIRPORT AND CONSISTENT WITH ALL 25 APPLICABLE FEDERAL AND STATE PERMITIAUTHORIZATION 26 REQUIREMENTS, INCLUDING MITIGATION FOR ENVIRONMENTAL 27 IMPACTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR 28 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR 29 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE 30 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND 31 INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE i 32 PLAN; PROVIDING FOR AN EFFECTIVE DATE. (FILE 2020-145). 33 cV 34 35 WHEREAS, the Monroe County Board of County Commissioners conducted a public 36 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review — 37 Process in Sec. 1 63.3184(4), F.S., to the State Land Planning Agency for objections, 38 recommendations and comments, and to the other Reviewing Agencies as defined in Sec. 39 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County 40 Year 2030 Comprehensive Plan as described above; and c, 41 ca 42 WHEREAS,the Monroe County Planning Commission and the Monroe County Board of 43 County Commissioners support the requested text amendment; 44 45 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 46 COMMISSIONERS OF MONROE COUNTY, FLORIDA: Resolution No.040-2021 Page 1 of 2 File 2020-145 Packet Pg. 2151 47 48 Section 1. The Board of County Commissioners does hereby adopt the recommendation of the 49 Planning Commission to transmit the draft ordinance, attached as Exhibit A, for 50 adoption of the proposed text amendment. o 51 0 52 Section 2. The Board of County Commissioners does hereby transmit the proposed 53 amendment to the State Land Planning Agency for review and comment in 54 accordance with the State Coordinated Review process pursuant to Section 55 163.3184(4), Florida Statutes. , 56 57 Section 3. The Monroe County staff is given authority to prepare and submit the required N 58 transmittal letter and supporting documents for the proposed amendment in 59 accordance with the requirements of Section 163.3184(4), Florida Statutes. 60 61 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this 0. 62 resolution to the Director of Planning. 63 64 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, CL 65 Florida, at a regular meeting held on the 20th day of January 2021. 66 _ 67 Mayor Michelle Coldiron Yes 68 Mayor Pro Tern David Rice Yes 69 Commissioner Craig Cates Yes m 70 Commissioner Eddie Martinez Yes 71 Commissioner Mike Forster Yes E 72 73 BOARD OF COUNTY COMMISSIONERS 0 74 � OF MONROE Y, LOR� BY y MAYOR MICHELLE COLDIRON i N H s 1 KE I ADO CLERK T,T $2 ns _ - c-, - 83 AS DEPUTY CLERK r MONROE COUNTY ATTORNEY APPROVED A5 TO FORM• ' w DEREK ❑WARD ASSISTANT OUNTY ATTORNEY E DATE January 4.2021 84 Resolution No.040-2021 Page 2 of 2 File 2020-145 Packet Pg. 2152 Exhibit A to Transmittal Resolution 1 y 2 3 4 5 p 6 MONROE COUNTY,FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 N 9 ORDINANCE NO. -2021 In 11 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE N 13 COUNTY 2030 COMPREHENSIVE PLAN TO AMEND POLICY 501.1.7, 14 OBJECTIVE 501.2, POLICY 501.2.1, POLICY 501.2.2, POLICY 501.2.3 15 AND POLICY 501.5.3 OF THE PORTS, AVIATION AND RELATED 16 FACILITIES ELEMENT TO ALLOW AIRPORT IMPROVEMENTS, 0. 17 WHICH MAY IMPACT WETLAND AREAS WHEN THERE IS NO _ 18 OTHER VIABLE ALTERNATIVE AVAILABLE, AT THE KEY WEST 19 INTERNATIONAL AIRPORT AND THE FLORIDA KEYS MARATHON 0. 20 INTERNATIONAL AIRPORT, CONSISTENT WITH THE AIRPORT 21 MASTER PLAN (AMP) AND AIRPORT LAYOUT PLAN (ALP) FOR 22 EACH PUBLIC AIRPORT AND CONSISTENT WITH ALL APPLICABLE 23 FEDERAL AND STATE PERMIT/AUTHORIZATION REQUIREMENTS, 24 INCLUDING MITIGATION FOR ENVIRONMENTAL IMPACTS; 25 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF 26 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO 27 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF 28 STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION 29 IN THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING 30 FOR AN EFFECTIVE DATE. (FILE 2020-145). 31 32 33 WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.65, 34 Florida Statutes, Monroe County possesses the police powers to enact ordinances in order to 35 protect the health, safety, and welfare of the County's citizens; and 36 37 WHEREAS, the County is authorized by Florida's Airport Law of 1945 to exercise 38 regulatory authority over the Key West International Airport and the Florida Keys Marathon 39 International Airport; and 40 41 WHEREAS, the adopted 2030 Monroe County Comprehensive Plan includes Policies 42 501.2.2, 501.5.2 and 501.5.3 which require that the Marathon and Key West airports shall be 43 expanded consistent with the needs identified in the updated master plan as approved by the 44 BOCC and that Monroe County shall continue to maintain and update a master plan, and the 45 Airport Layout Plan for each public airport pursuant to the rules of the Federal Aviation 46 Administration; and 47 48 WHEREAS, the Key West International Airport and Florida Keys Marathon Ordinance No._-2021 Page 1 of 7 File 2020-145 Packet Pg. 2153 Exhibit A to Transmittal Resolution 1 International Airport are public airports that receive federal funding from the Federal Aviation 2 Administration and the Florida Department of Transportation must comply with operational 3 safety requirements and compliance directives, development restrictions, and environmental 4 protection and mitigation requirements, as set forth in the Code of Federal Regulations (CFR) 5 and State Statute; and o 6 7 WHEREAS, both public airports require an Airport Master Plan (AMP) and an Airport 8 Layout Plan (ALP) which require approval by the FAA as well as the Board of County 9 Commissioners at a public meeting; and 10 11 WHEREAS, the Board of County Commissioners approved the updated AMP and ALP 12 for the Key West International Airport on January 22, 2020; and N 13 14 WHEREAS, the Board of County Commissioners approved the updated AMP and ALP 15 for the Florida Keys Marathon International Airport on June 17, 2020; and 16 0. 17 WHEREAS, some of the future airport improvements at the Key West International 18 Airport and Florida Keys Marathon International Airport may impact wetland areas when there 19 is no other viable alternative available;and CL 20 21 WHEREAS, the Airport Department is requesting text amendments to Policy 501.1.7, 22 Objective 501.2, Policy 501.2.1, Policy 501.2.2, Policy 501.2.3 and Policy 501.5.3, to allow the 23 public airport improvements to proceed due to the public interest for the development and 24 expansion of aviation and related facilities at the County's public airports, to support the W 25 econonry of the Florida Keys, relieve increasing traffic and congestion on U.S. 1, to enhance 26 public health, safety and welfare and to comply with federal and state requirements for the safe 27 and efficient operation of federally funded public airports; and 28 29 WHEREAS, the proposed amendment is specifically requesting that provisions within 30 Policy 102.1.1 (wetland open space requirements), Policy 203.1.1 (mangrove wetland open space 31 requirements), Policy 204.2.2 (wetland open space requirements), Policy 204.2.3 (limitation of 32 structures and fill within wetlands), and Policy 204.2.4 (limitation of structures and fill within i 33 wetlands) shall not apply to the County public airports, but the public airport projects will 34 continue to comply with all applicable federal and state permit/authorization requirements, 35 including mitigation for environmental impacts; and 36 37 WHEREAS, Monroe County policies and regulations adopted in the Monroe County — 38 Comprehensive Plan and Land Development Code are to maintain public health, safety, and 39 welfare of the citizens of the Florida Keys and to strengthen our local government capability to 40 manage land use and development; and 41 ca 42 WHEREAS, on November 16, 2020, the Monroe County Development Review Committee 43 (DRC)reviewed the proposed amendment; and 44 WHEREAS, at a regularly scheduled meeting held on December 16, 2020, the Monroe 45 County Planning Commission held a public hearing for the purpose of considering the proposed 46 amendment and provided for public comment; and Ordinance No. -2021 Page 2 of 7 File 2020-145 Packet Pg. 2154 Exhibit A to Transmittal Resolution 1 2 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P34-20 3 recommending approval for the proposed amendment; and 4 5 WHEREAS, at a regularly scheduled meeting held on the , the Monroe 6 County Board of County Commissioners held a public hearing, considered the staff report, and 7 provided for public comment and public participation in accordance with the requirements of 8 state law and the procedures adopted for public participation in the planning process;and 9 10 WHEREAS, at the , public hearing, the BOCC adopted Resolution - , 11 2021,transmitting the proposed text amendment to the State Land Planning Agency; and 12 N 13 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 14 Objections, Recommendations and Comments (ORC) report, received by the County CD 15 on ; and 16 17 WHEREAS,the ORC report stated ;and _ 18 19 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the CL 20 proposed amendment, adopt the amendment with changes or not adopt the amendment; and 21 0 22 WHEREAS, at a regularly scheduled meeting on , the BOCC held a 23 public hearing to consider adoption of the proposed Comprehensive Plan text amendment; and 24 25 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 26 Comprehensive Plan and Land Development Code are to maintain public health, safety, and 27 welfare of the citizens of the Florida Keys and to strengthen our local government capability to 28 manage land use and development;and 29 30 WHEREAS, based upon the documentation submitted and information provided in the 31 accompanying staff report, the Monroe County Board of County Commissioners makes the 32 following Conclusions of Law: i 33 34 1. The proposed amendment is consistent with the Goals, Objectives and Policies of theCD 35 Monroe County Year 2030 Comprehensive Plan; and 36 2. The proposed amendment is consistent with the Principles for Guiding Development 37 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7),F.S.; and — 38 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 41 COMMISSIONERS OF MONROE COUNTY, FLORIDA: c, 42 43 Section 1. The Monroe County Comprehensive Plan is hereby amended as follows: 44 Proposed Amendment{deletions are stFieken thr-eag#;additions are shown in underlined]. 45 46 Ordinance No. -2021 Page 3 of 7 File 2020-145 Packet Pg. 2155 Exhibit A to Transmittal Resolution 1 GOAL 501 2 Monroe County shall provide aviation facilities in a manner that maximizes safety, 3 convenience, economic benefit, environmental compatibility and consistency with other 4 elements of the comprehensive plan, including exercising its planning and land use 5 authorities on County-owned airport properties within incorporated areas of the County. o 6 7 Objective 501.1 8 Because of the Florida Key's unique nature as an archipelago, Monroe County shall N 9 promote the preservation of existing airports,airstrips, and related activities. 10 11 12 Policy 501.1.4 13 Monroe County shall continue to include existing airports and airstrips in airport land 14 use districts that only permit airport related land uses including those the County owns 15 and operates within incorporated areas of the County. 16 2 17 Policy 501.1.5 18 Monroe County shall encourage the development of aviation facilities and activities that 19 relieve the traffic on U.S. I or serve as an alternative to U.S. l as a means of delivering CL 20 goods and services to the community. 21 22 Policy 501.1.6 23 Monroe County shall provide space at public airports for a wide variety of aviation 24 activities in order to provide a wide variety of services to the community. 25 26 Policy 501.1.7 27 Figary 6-2, The most recent updated "Key West wee International Airport Layout 28 Plan" and Figufe-{ 9, "Florida Keys Marathon International Airport Layout Plan" 29 """pare Dien, as approved by the Board of Counly Commissioners in the T" 30 Deeoment of this plan,are hereby incorporated by reference. 31 v, 32 Objective 501.2 2 33 The expansion of existing or new airport and airstrip facilities shall be coordinated with the i 34 future land use, coastal management, and conservation elements and all applicable federal CD 35 and state re uirements for operation, development, and environmental protection of I 36 federally obligated_ airports. 37 38 Policy 501.2.1 39 The development and expansion of aviation and related facilities shall be consistent with y do the future land use, coastal management and conservation elements as outlined herein. 41 U 42 The Ke West International AiEport and Florida Keys Marathon International Ailport 43 are public aiEports that receive federal funding from the Federal Aviation Administration 44 and must comply with operational safe re uirements and compliance directives 45 development restrictions and environmental protection and mitigation requirements. as 46 set forth in the Code of Federal Regulations CFR Title 2 Grants and Agreements and 47 Title 14 Aeronautics and Space, and all referenced and iMplementing, guidance 48 including; National Environmental Policy Act EPA Ai Mort Improvement Program, Ordinance No. -2021 Page 4 of 7 File 2020-145 Packet Pg. 2156 Exhibit A to Transmittal Resolution 1 Part 139 Ai Mort Certification and all a licable Orders Advisou Circulars and 2 Program Guidance Letters PGL . Further both 12ublic ai orts receive state funding 3 from the Florida Department of Trans rtation and must comply with all applicable 4 Florida State Statutes including Title XXV Aviation Chapters 329 330 331 332 and 5 333. 6 0 7 The provisions within Policy 102.1.1 Policy 203.1.I Objective 204.2 Policy 204.2.2 8 Policy 204.2.3 and Policy 204.2.4 shall not apply gpply to the Key West International Airport 9 and the Florida Keys Marathon International Ai!port due to the overriding public interest to for the development and expansion of aviation and related facilities including fencin 11 at these public aiMgrts to suRRort the economy of the Florida Keys, relieve increasing 12 traffic and con estion on U.S. 1 and to enhance public health safely and welfare. An 13 devc1ol2ment and expansion of aviation and related facilities at these public airports ma 14 proceed, provided the improvements: 0 15 • Are consistent with the most recent adopted Ai ort Master Plan and Airport 16 Layo ut P 17 • Meet federal requirements set forth by the FAA for ai1ports that receive federal _ 18 funds for aiEport o erations and development, 19 ■ Comply with all al2plicable federal and state ertnit/authorixation re uirements 20 including miti ation for environmental impacts-, and 21 ■ Meet Monroe County Com rehensive Plan goals, objectives and policies to the 22 extent practicable given re uired federal and state obligations, to enhance the W 23 gualiq of life ensure the safe1y of Counly residents and visitors and rotect 24 valuable natural resources. 0 25 26 For development at the Key West International Airport and the Florida Keys Marathon 27 International AiMQrt, this policy supersedes wetland restrictions for open space 28 re uirements restrictions on fill or structures in wetlands and fencing into or through 29 any wetlands or water bodies within the land development code. 30 31 Policy 501.2.2 32 The Florida Keys Marathon International Ai ort and Key West alerts International 33 Airport shall be expanded and improved to be consistent with the needs identified in the04 34 most recent updated Aires Master Plan and Ai!port La out Plan as approved by the 35 Board of County Commissioners. 36 37 The Key West International Ai Mort and Florida Keys Marathon International Ai Mort 38 operate under strict federal and state re uirements and must follow an extensive process 39 for update. review and approval of the Airport Master Plan and AiEgort Layout Plan to 40 ensure these re uirements are met. This comprehensive 121anning 2rocess occurs eve 41 five to ten years and includes public, federal and state agency review of the ro osed c, 42 future development at each aiEport. The updated Aij2ort Master Plan and Airport La out 43 Plans ALP is approved by the FAA as well as the Board of Coup Commissioners at a 44 public meetin. 0 45 0 46 47 48 Ordinance No. -2021 Page 5 of 7 File 2020-145 Packet Pg. 2157 Exhibit A to Transmittal Resolution 1 Policy 501.2.3 2 If development Devoklmem activities to construct or expand airport or airstrip facilities 3 4h,111 a take place in environmentally sensitive wetland areas „tea and no other 4 viable alternative is net available..-, Mmitigation and restoration shall be approved 5 according to federal and state permitting requirements A-eew••- •wh-P- .1.o..o :- --R �`'-�• 0 6 7 $ s * * * * N 9 Objective 501.5 10 Monroe County shall coordinate all aviation or related facilities with the plans of the 11 Federal Aviation Administration, military services, resource planning and management 12 plan prepared pursuant to Chapter 380, Florida Statutes and approved by the Governor and 13 Cabinet, the Florida Department of Transportation (FDOT) District Six Five-Year 14 Transportation Plan , and the Continuing Florida Aviation System Planning Process CD 15 (CFASPP) as adopted. 16 17 18 Policy 501.5.2 19 Monroe County shall continue to maintain and update a master plan, and the Airport 20 Layout Plan for each public airport pursuant to the rules of the Federal Aviation 21 Administration. 0 22 23 Policy 501.5.3 24 All development on and expansions of existing public airports shall be done in 25 accordance with the most recent updated Master Plan and Airport Layout Plan of the 26 airport and shall be subject to all applicable policies of this Plan and the County Land 27 Development Code. [F.S. § 163.3177(6)(b)4.] 28 29 30 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or 31 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, 32 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but 33 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or 34 provision immediately involved in the controversy in which such judgment or decree shall beCD 35 rendered. 36 37 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with 38 this ordinance are hereby repealed to the extent of said conflict. 39 0 40 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land 41 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9). 42 43 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State ca .. 44 of Florida but shall not become effective until a notice is issued by the State Land Planning 45 Agency or Administration Commission finding the amendment in compliance with Chapter 163, 46 Florida Statutes and after any applicable challenges have been resolved. 47 Ordinance No._-2021 Page 6 of 7 File 2020-145 Packet Pg. 2158 Exhibit A to Transmittal Resolution 1 Section 6. Inclusion in the Monroe County Comprehensive Plan. The text amendment 2 shall be incorporated in the Monroe County Comprehensive Plan. The numbering of the 3 foregoing amendment may be renumbered to conform to the numbering in the Monroe County 4 Comprehensive Plan. 5 6 Section 7. Effective Date. This ordinance shall become as provided by law and stated 7 above. 8 9 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 10 Florida,at a regular meeting held on the day of 11 12 Mavor Michelle Coldiron 13 Mayor Pro Tern David Rice 14 Commissioner Craig Cates 15 Commissioner Eddie Martinez P 16 Commissioner Mike Forster 0. 17 0 18 CL 19 20 BOARD OF COUNTY COMMISSIONERS 21 OF MONROE COUNTY,FLORIDA 22 23 BY 24 MAYOR MICHELLE COLDIRON 25 26 (SEAL) 27 28 ATTEST: KEVIN MADOK, CLERK 29 30 AS DEPUTY CLERK 31 i 32 CD cv 0 Ordinance No._-2021 Page 7 of 7 File 2020-145 Packet Pg. 2159 I KEYVWEST idWMI N S The Florida Keys Only Daily Newspaper,Est. 1876 PO Sm 1800,Key MW Ft 33041 P.PON 292-TM ext.219 F-(305)295.8025 regers�kaysr+ews.cwn O MONROE CO PLANNING ❑EPT N MURRY E NELSON GOVERNMENT CENTER 102050 OVERSEAS HWY KEY LARGO FL 33037 Account: 138694 Ticket: 373683 N PUBLISHER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF MONROE [Iegal.text] > O Before the undersigned authority personally appeared 0. who on oath says that he or she is CL of the Key West citizen,a daily Ca newspaper published irrKey Ate in Monroe County,Florida;that the attached copy of advertsement,being a legal notice in the matter of was published in said O newspaper in the issues of Sunday,January 3,2021 1 A pant urther mays that the Key West Citizen is a new Wiest,in said Monroe C per published in Key County,Florida and that the said newspapers has hereto- fore been continuously published in said Monroe County,Florida every day,and has been entered as parioftals matter at the post office in Key West,in said Monroe County,Florida,for a period of 1 year next preceding the first publication of the attached copy of advertisement,and of lent further says that he or she has O neither paid nor promised any person,firm or corporation any discount,rebate, commission or refund for the purpose of securing this advertisement for publics- lion771/7�- ewspa N q f nt I r sub Fore me this 4th day of January 2021 CD tV CD 7 CD [ is Si (Notary Pu is Printed Name) (Notary Seal My Commisslon expires O N Personally Known_j_ Produced Identification_ Ca U Type of Identification Produced U Sue"n Stamper Glr IRES.An LI,202 I ThN iM NDl&ly MONROECOPL-e4•373663-1 pdr 7 V22121 iAaPM Packet Pg. 2160 i a ■ � �,� � IF N� ' '� 5 -v-f 9� � J i 4� 9 4 wk ce' tt • • 1 y�, k k d N 1 w _ l f�i m€t, oH•r �� �R k k:IF e ar I 16 \ j Ul MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT .N To: Monroe County Board of County Commissioners E 0) Through: Emily Schemper, AICP, CFM, Senior Director of Planning& Environmental Resources 2 0. From: Mayte Santamaria, Senior Planning Policy Advisor _ 0 Date: December 16, 2020, updated May 14, 2021 CL Subject: An ordinance by Monroe County Board of County Commissioners adopting amendments to the Monroe County 2030 Comprehensive Plan to amend Policy 501.1.7, Objective 501.2, Policy 501.2.1, Policy 501.2.2, Policy 501.2.3 and Policy N 501.5.3 of the Ports, Aviation and Related Facilities Element to allow airport improvements, which may impact wetland areas when there is no other viable E alternative available, at the Key West International Airport and the Florida Keys 0 Marathon International Airport, consistent with the Airport Master Plan (AMP) and Airport Layout Plan (ALP) for each public airport and consistent with all applicable federal and state permit/authorization requirements, including mitigation for environmental impacts. (File 2020-145) Meeting: January 20, 2021 (transmittal), June 16, 2021 (adoption) L REQUEST The Monroe County Airport Department submitted an application on September 8, 2020 requesting amendments to the Ports, Aviation and Related Facilities Element of the Monroe County 2030 Comprehensive Plan, to allow airport improvements at the Key West International 0. Airport and the Florida Keys Marathon International Airport, consistent with the Airport Master Plan (AMP) and Airport Layout Plan (ALP) for each public airport. In reviewing the AMP and ALP, the Airport Department anticipates, some of the future airport improvements may impact wetland areas when there is no other viable alternative available. The Airport Department is 0� requesting text amendments to Policy 501.1.7, Objective 501.2, Policy 501.2.1, Policy 501.2.2, Policy 501.2.3 and Policy 501.5.3, to allow the public airport improvements to proceed due to the public interest for the development and expansion of aviation and related facilities at the County's public airports, to support the economy of the Florida Keys, relieve increasing traffic and 0 congestion on U.S. 1, to enhance public health, safety and welfare and to comply with federal and state requirements for the safe and efficient operation of federally funded public airports. The v)LO public airport projects will continue to comply with all applicable federal and state permit/authorization requirements, including mitigation for environmental impacts. N N IL BACKGROUND INFORMATION The Monroe County Airport Department submitted an application on September 8, 2020 requesting amendments to the Ports, Aviation and Related Facilities Element of the Monroe County 2030 Comprehensive Plan, to allow airport improvements at the Key West International BOCC SR pg. I File No.2020-145 Packet Pg. 2162 Q.1.d Airport and the Florida Keys Marathon International Airport, consistent with the AMP and ALP for each public airport. In reviewing the AMP and ALP, the Airport Department anticipates, some of the future airport improvements may impact wetland areas when there is no other viable alternative available. As such, the Airport Department is requesting text amendments to Policy 501.1.7, Objective 501.2, Policy 501.2.1, Policy 501.2.2, Policy 501.2.3 and Policy 501.5.3, to allow the public airport improvements to proceed due to the public interest for the development and expansion of aviation and related facilities at the County's public airports, to support the economy of the Florida Keys, relieve increasing traffic and congestion on U.S. 1, to enhance public E health, safety and welfare and to comply with federal and state requirements for the safe and -01 efficient operation of federally funded public airports. The Airport Department is specifically requesting that provisions within Policy 102.1.1 (wetland open space requirements), Policy 203.1.1 (mangrove wetland open space requirements), Policy 204.2.2 (wetland open space requirements), 0 Policy 204.2.3 (limitation of structures and fill within wetlands), and Policy 204.2.4 (limitation of 0. structures and fill within wetlands) shall not apply to the County public airports. The public airport - projects will continue to comply with all applicable federal and state permit/authorization requirements, including mitigation for environmental impacts. C N The proposed amendment addresses airport improvements at the County's two (2) public airports u by providing a process to review the development proposals to balance the sound economic E development of the County; protect and enhance the value and efficiency of the County's airports 0 and major transportation facility; while limiting the adverse impacts of public investments on environmental resources by requiring Environmental Resource Permits and mitigation for i) environmental impacts to compensate for the functional loss resulting from permitted wetland impacts. As a whole, the proposed amendment protects the public health, safety, and welfare of the citizens of the Florida Keys. 2 The improvement of the County public airports is essential to: • Improve the efficient movement of people and goods to and from the airport facilities, • Attract visitors by providing multiple options to travel between destinations, • Reduce vehicular traffic on the roadway network, z� • Decrease congestion throughout the surrounding area, • Facilitate the movement of goods between suppliers, manufacturers, and consumers • Provide safe, efficient, secure, and convenient service to citizens, businesses, and visitors, < < • Maintain utilization for natural disasters and other emergencies, with the delivery of CL supplies, medical transport and providing another option for evacuations, • Contribute to operational efficiency, economic growth, and competitiveness while 0 remaining sensitive to natural environment and requiring mitigation to offset impacts, and • Achieve and/or maintain compliance with FAA standards. ca i The Key West International Airport is identified by Real Estate Parcel numbers 00064810-000000 00064850-000100, 00064840-000000, 00065120-000000, 00064820-000000 and 00065100- L� 000000. The airport operation area is located within the parcels identified by Real Estate Parcel numbers 00064810-000000 and 00064850-000100. The overall property contains 254.452 acres CD and is depicted in the images below. "' BOCC SR pg. 2 File No.2020-145 Packet Pg. 2163 Q.1.d 3 W 2 C Key West International Airport - airport operation area(yellow outline) c. t� 0 0 13 L 1 1i e ` , r : .mom•.. ,o. :o: _ _--- ,. --- -k,,.:n�. CL CL PROPERTY ACQUISITION LEGEND: C)� rARCEL ACRES ACOUMITION CRATE METHOD � NUMBER TYPE ACQUIRED ACQUIRED ca 117 PACf4 NO 4[5.NOIT CJNYIW`UOV4,-N'4 CYF4M PARR f§.-t. LO 1 The legal description for the Key West International Airport is provided on Sheet 13 of 13 of the Airport Layout Plan, prepared by Ricondo & Associates, Inc., dated January 2020 and approved by the BOCC on January 22, 2020. E BOCC SR pg. 3 File No.2020-145 Packet Pg. 2164 Q.1.d + N N m E <. c CL c I N POIN'Y'Or BEGINNING 0 The Florida Keys Marathon International Airport is identified by Real Estate Parcel numbers 00101160-000000 and 00104500-000000, contains 197.40 acres and is depicted in the images below. n. �-- �+ CL 0 CL PR� t 0 Florida Keys Marathon International Airport(yellow outline) v) LO i cv CD cv U BOCC SR pg. 4 File No.2020-145 Packet Pg. 2165 Q.1.d t N ttN#�i §'�*u a Y Yg 13 FU'I UREL WTI E7;':E,W r,`VV-AJr".N7 PROPERTY AhCQUIS TION LEGEND i' CL PARCEL „4EtE� � �kiiwION D':TE METHOD i' �..m�rr� „d E . ,a.=ETA ra n9liET# T' E t 111REG 6 ."`UIITCE P1J%Wbe G&JEC V FFMIARrA0<-Pa :f r-UIJRE 1 189.72 FEE `,;IMPLIE QUIT CLAIM DEW i I2IAs.aA A ,H!;A,..E:. iIitI AN:ROAD DEFARTVER ttterp,PROTE�T,a� .1 FEE alI1 L$ 1 WIT CLAIM E7LFEk M%EtRPZF €U71-PE ,N. 13 The legal description for the Florida Keys Marathon International Airport is provided on Sheet 14 of 14 of the Airport Layout Plan, prepared by Ricondo & Associates, Inc., dated June 2020 and approved by the BOCC on June 17, 2020. ) LEGAL DESCRIPTION(PARCEL-1") A PARCEL DF LAND DESCRIBED A NG AT A N10NU T WEST 1104 1. 32 EAST, AT A FMT (189,72 ACRES,MORE OR LESS)A RED FROM TIC STATE 126 FEET NORTH OF THE SOUTHV01 COSINIER OF SAID SECnCN 1, AND RUN OF FIORCA,STATE ROM DEP1 131 QUIT CLAIM DEED NORTH 157'51"EAST 54 FEET FOR POINT OF BE INS TH0110E WINVE NM7H DATED DECEMBER 29,1958,RECORDED IN EO(X 144,PAGE 590 CD 6711'EAST ,63 FEET TO THE BEGINNIINO OF A CURVE TO RMT HAMM AOF THE CIMCkk RECORDS OF'MON TY DA RADIUS OF 2M.93 FEET AND MTRAL ANC Of IOU": THEN10E NORTHEASTERLY ALON?SAID DAM, TO RIGHT 52Q.27 FEET TO POINT OF T CY; THENCE NORTH PARCEL"27(40'R_alj UI 77'S1 EAST OW43 FEET, M4CE N 22'09"WEST TTMIS FEET, THENCE (7.0 ACRES MORE OR LSD AMMIED ECY tAWT CLAIM Z SMITH 67`51' WST 7962.84 FEET TO A POINT 30 fEET EAST OF THE VEST LINT DEEID PER FDOT AGREENIENIT DATED 1/29 Cr SECTIC1M 1, THENCE mum w(1fW WMI14T7.41 FEET TO THE F"PNNT OF BEGINNINOt NOTE NW CL CONTAINING 189,72 ACRES, MORE OR LESS SPONSOWS INTEREST IN THE DOSTM RAWAY PROTECTION ZONES OUTSIDE OF PROPERTY SOUNDAKS I LEGAL DESCRIPTION 4PARICEL"2") PROTECTED BY MONROE COUNTY CODE ARTICLE)GIL "AIRPORT DSTW,SEC:S 19-277 19-2ER1; CL A PARCEL DF LAND IN 1, TOOMSHIP 66 SOUK RANQE 52 EAST AND IN CONERINC AMORT MINES AIRSPACE REICHIT LII8TA11I N1S SECTININI % TONNSHIP 86 SOUITH.rRAAGE 33 EAST.VATA KEY.MONROE USE REESTIRCTIONS, FLOROA,BE8d6 THE NORTHERLY 41108 REET CF STATE . A � SOUTHERLY BOUNDARY OF THAT CERTAIN PARCEL "1 TNIE STATE 70TAL ACREAGE PARCELS 1 & 2 - %7.40 DF FLORIDA, STATE ROAD DEPARTMENT BY QUIT CLAIM DEED, DATED DECEMBER 29. � 1953,AND _FEMIRDIED N OFFICIAL RECORIDS BOCK 144,PAGE 5SO AND 591 Of WE ROX RECORDS OF M OW",fLORVA LESS IN THE WEST 76, I FEET THEREOF,SAID PARCEL CONTAINS 3.86 ACRES MORE OR LEA. (J U I The County is authorized by Florida's Airport Law of 1945 to exercise regulatory authority over U)I the Key West International Airport and the Florida Keys Marathon International Airport even though the public airport facilities are located within the territorial limits of the cities. Airports in the State of Florida are governed by the Airport Law of 1945, which is codified within Sections 332.01 - 332.12, F.S. a� The Key West International Airport and Florida Keys Marathon International Airport are County public airports that receive federal funding from the Federal Aviation Administration and must BOCC SR pg. 5 File No.2020-145 Packet Pg. 2166 Q.1.d comply with operational safety requirements and compliance directives, development restrictions, and environmental protection and mitigation requirements, as set forth in the Code of Federal Regulations (CFR) Title 2 Grants and Agreements and Title 14 Aeronautics and Space, and all referenced and implementing guidance including; National Environmental Policy Act (NEPA), Airport Improvement Program, Part 139 Airport Certification, and all applicable Orders, Advisory Circulars and Program Guidance Letters (PGL). � N Both County public airports also receive state funding from the Florida Department of °i Transportation and must comply with all applicable Florida State Statutes, including Title XXV Aviation, Chapters 329, 330, 331, 332 and 333, F.S. E Additionally, both County public airports require an Airport Master Plan (AMP) and an Airport Layout Plan (ALP). The Federal Aviation Administration (FAA) requires airports to maintain and update their Airport Master Plans. AMPS involve a comprehensive study of the Airport and describes short-, medium-, and long-term development plan to meet future aviation needs (an analysis of the airport facility requirements to determine any needed upgrades or new additions to C the airport based on forecasted data). The ALP is a depiction of the AMP and is a set of drawings that shows the near-, intermediate-, and long-term facilities for an airport. u E The Key West International Airport and Florida Keys Marathon International Airport operate 0 under strict federal and state requirements and must follow an extensive process to update, review and receive approval of the Airport Master Plan (AMP) and an Airport Layout Plan (ALP). This v) comprehensive planning process occurs every five to ten years and includes public, state and federal agency review of the proposed future development at each airport. The updated AMP and N ALP requires approval by the FAA as well as the Board of County Commissioners at a public 2 meeting. The Key West International Airport Master Plan Update and Airport Layout Plan were approved by the BOCC on January 22, 2020, and addresses demand driven development of the airport to meet the long-term air transportation needs for the Florida Keys through 2035. The Master Plan is z� a visionary document that sets out a `road map' for the sustainable growth of the Airport, it is not an approval for any specific development or project. Projects continue to require any necessary federal, state and local approvals, including building permits and review of listed species impacts. i The Florida Keys Marathon International Airport Master Plan Update and Airport Layout Plan U were approved by the BOCC on June 17, 2020, and addresses demand driven development of the airport to meet the long-term air transportation needs for the Florida Keys through 2036. The Master Plan is a visionary document that sets out a `road map' for the sustainable growth of the Airport, it is not an approval for any specific development or project. Projects continue to require any necessary federal, state and local approvals, including building permits and review of listed 0 species impacts. v) i The Monroe County Comprehensive Plan defines the following relevant terms: `O Airport means any area of land or water, or any manmade object or facility located thereon, which is `CD V cv used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights-of-way,together with all airport buildings and facilities located thereon. There are both public and private airports, which are differentiated as follows: (a)A public airport is publicly or privately owned, meets minimum safety and service standards, and BOCC SR pg. 6 File No.2020-145 Packet Pg. 2167 Q.1.d is open for use by the public; and (b) A private airport is publicly or privately owned, and is available for use by invitation of the licensee. Services may be provided if authorized by the Florida Department of Transportation. Environmentally Sensitive Lands means areas of native habitat requiring special management attention to protect important fish and wildlife resources and other natural systems or processes. Environmentally sensitive lands typically include wetlands and other surface waters,tropical hardwood hammocks and pinelands. W Public Interest means demonstrable environmental, social, and economic benefits which would accrue to the public at large as a result of a proposed action. 0. Wetlands means those areas that are inundated or saturated by surface water or groundwater at a frequency and a duration sufficient to support, and under normal circumstances do support, a CL prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce, or persist in aquatic environments or anaerobic soil conditions. (Florida Keys wetlands include freshwater marsh, salt marsh, buttonwood, salt ponds, freshwater lenses, mangroves, and some areas of tropical hardwood hammocks and pinelands). Similarly, the Monroe County Land Development Code defines the following relevant terms: U) Airport means any area of land or water, or any manmade object or facility located thereon, which is y used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. There are both public and private airports, which are differentiated as follows: (1) A public airport is publicly or privately owned, meets minimum safety and service standards, and is open for use by the public; and (2) A private airport is publicly or privately owned, and is available for use by invitation of the licensee. Services may be provided if authorized by the Florida Department of Transportation. a. Airport use means fixed-and rotary-wing aircraft operations, which may include retail sales and service operations related to public or general aviation, including aircraft sales, repair and storage, commercial CL shipping and storage, and restaurants designed to serve aviation passengers, and other airport-related public uses. However, the use of a site by any ultra-light aircraft that meets the criteria for maximum weight, fuel capacity and airspeed established for such aircraft by the U.S. Federal Aviation _0. Administration shall be considered an airport use if the site is within five nautical miles of either a i public or military airport or 3,000 feet from the boundaries of a private airport. Environmentally sensitive lands means areas of native habitat requiring special management attention to i protect important fish and wildlife resources and other natural systems or processes. Environmentally U) sensitive lands typically include wetlands and other surface waters, tropical hardwood hammocks and LO pinelands. cv Private airport means an area used for landing and takeoff of aircraft that is either publicly or privately cv owned, and which is used primarily by the licensee but which is available for use by invitation of the licensee. Services may be provided if authorized by the Florida Department of Transportation. The term 03 includes Sugarloaf Airport, Tavernaero Airport Park, Summerland Key Airport, Ocean Reef Airport, and any other airport or airfield to be constructed in the county that meets these requirements. BOCC SR pg.7 File No.2020-145 Packet Pg. 2168 i Q.1.d Public airport means an area used for landing and takeoff of aircraft; is either publicly or privately owned; and which meets minimum safety and service standards and is open for use by the public. The term includes Key West International Airport, Florida Keys Marathon Airport and any other public airport or airfield to be constructed in the county that meets these requirements. Public interest means demonstrable environmental, social, and economic benefits which would accrue to the public at large as a result of a proposed action. Wetlands means those areas that are inundated or saturated by surface water or groundwater at a E frequency and a duration sufficient to support, and under normal circumstances do support, a > 0 prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil _ conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. CL These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce, or persist in aquatic environments or anaerobic soil conditions. Wetlands are those areas that meet the criteria specified in the State of Florida's Wetland Delineation Manual and/or the United States Army Corps of Engineers Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region. The term wetlands also includes adjoining wetlands and isolated wetlands. Adjoining wetlands includes wetlands separated from other W Waters of the United States by man-made dikes or barriers, natural river berms, beach dunes, and similar barriers. Isolated wetlands includes wetlands that are not contiguous, bordering or neighboring other Waters of the United States. (Florida Keys wetlands include freshwater marsh, saltmarsh, buttonwood, salt ponds, freshwater lenses mangroves, and some areas of tropical hardwood hammocks Pp and pinelands.) Community Meeting and Public Participation Staff has determined that the proposed text amendment will not have a county-wide impact and does not require a public meeting with the BOCC (Impact Meeting) prior to the application proceeding. In accordance with LDC Section 102-159(b)(3), a Community Meeting is not required for this proposed amendment. z Development Review Committee and Public InputCL e= The Development Review Committee considered the proposed amendment at a regular meeting on November 16, 2020 and received public input. One member of the public asked if future airport projects within wetlands would require approval (for example, a new runway). The Airport C� Director stated any projects need approval and have numerous review and approval procedures, including BOCC approval. 0 Planning Commission and Public Input The Planning Commission considered the proposed amendment at a regular meeting on December 16, 2020, provided for public input and recommended approval. Previous relevant BOCC Action L� On January 22, 2020, the BOCC approved the Director of Airports to execute along with the FAA the FAA approved Airport Layout Plan (ALP)for the Key West International Airport (EYW). N On June 17, 2020, the BOCC approved the Director of Airports to execute, along with the Federal Aviation Administration (FAA), the FAA approved Airport Layout Plan (ALP) for the Florida E Keys Marathon International Airport (MTH). BOCC SR pg. 8 File No.2020-145 Packet Pg. 2169 Q.1.d On January 20, 2021, the BOCC approved Resolution 040-2021 transmitting the proposed text amendment to the State for review. I State Review of Amendment The State reviewing agencies did not have any objections, except the DEO reviewed the proposed amendment and issued an Objections, Recommendations and Comments (ORC) report, received by the County on April 2, 2021, with two (2) objections to the proposed amendment. The objections are summarized below (ORC report included as attachment to the BOCC agenda item): E 0 Objection 1: Adoption by reference. The adoption of the documents must identify the title, and a author of the document and, indicate clearly. what provisions and edition of the document Z are being adopted. 0 CL Objection 2: Policy 501.2.1 proposes to exempt County public airports from wetland policies 0 and does not implement the Principles for Guiding Development under Section �C 380.0552(7)(a), (b) & (c), F.S. Goal 206.1 requires Monroe County to protect and conserve existing wildlife and wildlife habitats. Key West International Airport and the Florida Keys Marathon International Airport fall within in the Eastern Indigo Snake Focus area, Tree E cactus Focus area, and the Tree snail focus area, as identified in the April 30,-2010, 0 Biological Opinion issued by United States Fish and Wildlife services (FWS). The proposed amendment would allow for the potential impact to these habitats identified in the FWS Biological Opinion. The exemptions from these policies would allow development of the habitats without clear planning for avoidance and mitigation for those impacts. a� The County is proposing further edits to the amendment to address the two objections received from DEO. County response to Objection 1: Added the title, and author of the document, date of document and BOCC approval date of each public airport master plan and layout plan. CL County response to Objection 2: The County notes, the proposed amendment required mitigation for proposed impacts and continues to do so. The County is adding further <i CL clarification to the mitigation requirements and adding reference to the "Permit Referral Process" within Policy 501.2.1. Updates to address the objections are in red (included in 0� Section III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS). i Additionally, the County is providing more information of the existing requirements of the adopted "Permit Referral Process," which the County did not propose exempting the public ca airports from these review requirements based on the April 30,-2010, Biological Opinion W� issued by United States Fish and Wildlife Service (details included in Section IV. L01 ANALYSIS OF PROPOSED AMENDMENT). Information is also provided on the Keys Wetland Evaluation Procedure (KEYWEP), a specific wetlands evaluation procedure developed for wetlands in the Florida Keys, developed as part of the Advanced Identification of Wetlands Program and details of the County's recent receipt of the FAA Record of Decision (ROD) outlining the FAA's acceptance of the final Environmental Assessment (EA) and issuance of the Finding of No �t BOCC SR pg. 9 File No.2020-145 Packet Pg. 2170 Q.1.d Significant Impact (FONSI) for the proposed improvements at the Key West International Airport. N III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS , Proposed text amendment request is shown as follows: deletions are 4 r _ ugh; additions are shown in ,nderl underlined � 2 GOAL 501 0. Monroe County shall provide aviation facilities in a manner that maximizes safety, convenience,- economic benefit, environmental compatibility and consistency with other elements of the comprehensive plan, including exercising its planning and land use authorities on County-owned airport properties within incorporated areas of the County. Objective 501.1 Because of the Florida Key's unique nature as an archipelago, Monroe County shall promote the preservation of existing airports, airstrips, and related activities. E Policy 501.1.4 Monroe County shall continue to include existing airports and airstrips in airport land use districts that only permit airport related land uses including those the County owns and operates within incorporated areas of the County. a� Policy 501.1.5 Monroe County shall encourage the development of aviation facilities and activities that relieve the traffic on U.S. 1 or serve as an alternative to U.S. 1 as a means of delivering goods and services to the community. i Policy 501.1.E Monroe County shall provide space at public airports for a wide variety of aviation activitiesCL in order to provide a wide variety of services to the community. 0 �t i Policy 501.1.7 CL tL F , f11. "Key West 4 s e International zrpgq 1,! Plan," prepared by I icondo Associates, Inc., dated January 2020 and approved by the BOCC on January 22, 2020, and the F 5, r "Florida Keys Marathon International Airport L y.0: 1.__.Pl za " pare ared by Iicondo & Associates, Inc., dated ,tune 2020 and approved by the BOCC on ,tune 17, 2020 Amifs �l� r . I n , are hereby incorporated by reference. i Objective 501.2 The expansion of existing or new airport and airstrip facilities shall be coordinated with the L� future land use, coastal management, and conservation elements nd.all p1icble federal and stater t?rg devc rot federallyctroaot v ___ __m ___ ___ ___ glrgec arr orts,, N Policy 501.2.1 The development and expansion of aviation and related facilities shall be consistent with the future land use, coastal management and conservation elements smo tlinmed—her in. < BOCC SR pg. 10 File No.2020-145 Packet Pg. 2171 The Key West International Airport and Florida--Kevs Marathon International Airport...are. I ggblic a-i-r 2po r,t,st h at"re ceive"Feder ]"fu_n_d,_J,n- -a-..-.-r--o---r n--"--t-h---,e---"-Feder a,I...A-,y--J-,-a---t--i-,on--.-.-.-A---,-d-y-n---n- i,s,tr-a..t. i,on...an,d" nu st 2mmlK -Lt ...gperational j: t reqq-rernents and cgnip iance direct ve develop Mgit 7- ------ r.e..s.t...J.-c1i gns���q,U en.vi ron rn en tal d ' 'a as set forth in the .........................................................P. ..........1 !jrgj�M!m �q .......................................................................................... Code of Federal !jggjLjatjons__ 'L A and Title 14 Aeronautics -------------------------------------- -------------- tjt�j-"--Grant-s---an-d------L ---------------------------------------------------------- and Sp referenced an j p ........................ .....................................................................d Y.n �jpjnefl1J.ng_g E.DYJ r.o. D.Yn.e.n.t.41. Poli.g _ --Ai_r iLgvernent Program Part I ort Certification, and all act NEPA _pg�q_jLqp -------------------------- ------------------------------------- E W icable Orders Advisor g rs >culars and EgE ..Shidance L.,ette JIJ, DinheL.-hpill......................................... ................................................................._(P-Q— 0 pLbljc_airpgrts receive state_Fundincy From the Florida I artment ofTr 3g on and must ------------ ---------- ------------------------------rallm -qatml---------------------------- �qgjnpjy..with...alL. pl2licable Florida State Statutes including 'y i E .................... .......... q ....................�_,_�jflg_.XXV AYJ at on�__Qlqpje� 0 ----------- and CL U " " It 0 ective "04 " P i 120422 P r- -222,-------------!�l---------------�E------ 21--ai 11�1'11 olicy 0 shall not gppjy..jgjbg i id the 0. ............................................... ................. .................................................................................. _Key_Weg I.D.1g.r.nAti o.RqJ-_A....fppjj-gj Flori a-K s Marathon International due to the o i L interest for the ;R - md - e -- ---- --- -- Kgir±!UpghjjL------------------------------------- develWneflj.qpd.MaDsion of aviation and related.facilitip ..including.. 11gi g .atthese.p!jblic ...................... ................................................................................................................................ .............................. ................................ air s t -.�igM�Ln 1h�eecon�orn C ti Oil gLthe Flori -K is relieve in traffic and co Po�q-----2 - -- - �Iaz- .9 - - - -- L- DD-s— E on U.S.-I and to enhance_pMhlic heal safe and welfare. ..................... ........ ... ...................................... E 0 U Any E..g, ansion of aviation and related facilities..at.these pgbjic airports 2 ................................................................................................................................................................................... .................................. .......... m will be reviewed based on the requirements below and rnayp.Lg ged with local approvals, U) • Are consistent with the....ad ed Airp mon.... outP am�MageE Plan and Ai ...................................................................................................... ......... .......... .......................................................... . • The Kev West International Air Dort Master Plan Update, dated September 2 2019, and Airpor t Layout Plan. dated January 2020, which were approved by the BOCC on January 22, 2020 and identifies proposed airport iinr)roveinents throe p,h_203-5. • The Florida Keys Marathon International Airport Master Plan Update, dated June 2020, and Airport Layout Plan, dated June 2020, which were approved by z the BOCC on June 17, 2020 and identifies Proposed air-port improvements 0 thEgqp r- ,h_2 033 6. CL • Meet Cede a] 0 .............................. ...........Ep jEej ents set forth b the FAA for.ai s that receive federal funds ..............................................................y...............................-xp foL-aj rp-g-q-2 jnejjj� • C2rnpjy with all federal and state environmental resource........ .......qp.pti-cabl-e------------------------------------------- ind...........1.11.= n permit/auth ori zati on r I u d' cot pensate for the .................................................................................. ...Ep 0 functional loss resulfin2jfrorn the Permitted wetland impact, • Mitigation for wetland impacts shall be in accordance with State and federal reqj!irernents. 0 • Mitigation may include, but is not limited to, wetland enhancement restoration, creation and/or a preservation project which may be onsite mitigation, offsite mitigation, Regional Offsite Mitigation Areas (R.O.M.A) U)I LO and the purchase of mitigation credits from Permitted mitigation batiks. • The satisfaction of mitigation reguirements will be prioritized within the C14 County, based on state arid/or federal agency requirements. cv Are reviewed Pursuant to the "Permit Referral Process" for development that occurs within areas designated as "Species Focus Areas MAO" or "Species Buffer Areas E (SBAs)" as specified in the U.S. Fish and Wildlife Service (USFWS) April 30, 2010 Biological Opinion. The SFAS or SBAs are areas identified by the USFWS which BOCCSR Pg. 11 File No.2020-145 1 Packet Pg. 2172 contain potentially suitable habitat for nine federally protected species includin&-. Eastern Indigo Snake, Kev Deer, Key Largo Cotton Mouse Key Largo Woodrat, Key Tree-Cactus, Lower Keys Marsh Rabbit, Schaus Swallowtail Butterfly, Silver Rice Rat, and Stock Island Tree Snail, and Meet Mo roe Cou ly C --------------------1-2------------------ii Corn EgJt1e-n-sJve--PJ.an--a goals, muectiLe �LtjcIjLqlicies to the extent �1J-!Xo......i...e. ensure the ------------------------- _te natural r.e..sQ.u. 1..c..e..s..,. E CD 2 For .�Ieye.].gpl �p.nt at the K West International Ai] ort and the Florida..: M.arath on .................. .......................................... ......................tic........................................... ........ E International-Ai this V lic su s for p lig!_E!�q�jtjd restriction -------------------------------------- ts restrictions on till or structures in wetlands, and fencing into Ater 0 ............................................................................................................................................................................................. - -glj.M�yp . ....................................... ............................................. .11.4.n d..s....o.r w bodies n withi theJanit-d el nent code. CL -- -- - --- gy -qP1 0 Policy 501.2.2 The Florida.Kpy.� Marathon International..Airp2q and Key West aifpef4s j!21!�rnational Airport Florid ........ ....................................................... ........... ..................................... et shall be expanded a i nnL with the needs identified in the updated nd_ r qved to be consistent ----------- Ai] ort Master Plan and Aimort....I..,avout Plan as approved by the Board of County T. ....................................Airport............ ....................................................... Commissioners. The Kev West International Airport Master Plan Update and Airport Lavout E E Plan were approved by the BOCC on January 22, 2020 and the Florida Keys Marathon 0 U International Airport Master Plan Update and Airport Lavout Plan were approved by the 2 BOCC on June 17, 2020. U) The K.p West Intern_y.................. ational..AiLp erate�gqqD�jj- a 01. .IgEid K!py.�.MAEghon International..Al ..................... ................................................ ........... ...................... ............................................................................. .....fn��.......... under strict federal and state %!jL .ve re g.Lilgljj�_and must follow an extensi _piL (2E late 2 er stir --------------------------------------------------------------------- g�Lg�L_JC gpL� 'a reviewqnd L out Plan to ensure thes ............................. ................. Master Plan and Ai ..-.Ay.......................................................... cd LgVjLgLqeIjjs ----ar--e----n---e--t-----T---h---i-s--- L_pEcIj-e--n---s--i- e-- -l-a---n-n--i-Il .. includ s blic,.. a Jew of th p e .12gJ_ rev e Mpg5��d..future develpp1ng21.�g..ps1 ..................................... ............................................................. ....................................................... ir __Fire Ai q P is the--- _gp Plan and 1pg_q_L,�_ygL1 ----------------------------- FAA as well as the Board ofC n C I' ...................................................................................................................................... z 0 Policy 501.2.3 CL If develgp1pgqj)ev-e1opfne44 activities to construct or expand airport or airstrip facilities 4-a4 0 ................................ *ot take place in environmentally sensitive w..e.fl and....-areas ure a because there is no other viable alternative t available-.-, Mi-nitigation and restoration shall_be.required and approved according,.1Q. �jp 1qD�I�ggj� . Ord ng 0 Objective 501.5 0 Monroe County shall coordinate all aviation or related facilities with the plans of the Federal I Aviation Administration, military services, resource planning and management plan prepared U) pursuant to Chapter 380, Florida Statutes and approved by the Governor and Cabinet, the Florida LO Department of Transportation (FDOT) District Six Five-Year Transportation Plan, and the Continuing Florida Aviation System Planning Process (CFASPP) as adopted. E Policy 501.5.2 Monroe County shall continue to maintain and update a master plan, and the Airport Layout Plan for each public airport pursuant to the rules of the Federal Aviation Administration. < BOCC SR pg. 12 File No.2020-145 1 Packet Pg. 2173 Q.1.d Policy 501.5.3 ' N All development on and expansions of existing public airports shall be done in accordance with the updated Master Plan j1Lt_Airpa _LmgXout Plan. (see I"olicv 501.1.7) of the airport and shall be subject to all applicable policies of this Plan and the County Land Development Code. [F.S. § 163.3177(6)(b)4.] � N IV. ANALYSIS OF PROPOSED AMENDMENT 0. The Airport Department (applicant) provided a detailed explanation for the proposed amendment 8 (excerpts below). The Applicant's full explanation and justification of the proposed amendments is e. t� included in the file for the application (File #2020-145). 0 The lrlOCC recend) approwc.d the Airport rm aster Plan tANUN and A port layma I°laarr (ALP) Ar be Key M&A .W. Iraternaatie n,d irport aarul the Florida Keys Niaararthon Iratern<ataolm! Atpmv on .1musny 22, N50 and on hme .4 17, 2020. r spectiwel . To accomplish operaabon sally and to rraeet forecasts of aarr.ticNipaateel 5 paamenger and aaherat9`t operaaticaaaaal <gramah over the I l;ar nin.sLz period- some rralo—t improvements rn a) impact EE enWoninentalt, sensitive areas wwhera there is rrcr other e ruble alternative available. The proposed test clrmges E ww ill <allor ,w the prc:+posed paalalic aairpon rraaproveiments to proceed dare U) be raw errrdirag laaalalie interest for tire ar development aarad expansion ofaawiaation and related lic defies at these Public use airports. in accordance w6th teaierral nin! slate law to strppoo be ee:aaraaamy ofTe I oridaa Oys;. ridieve itacretasing tratflic and corlgemion on CD U.S, 1, tra ealhance public health, sralety and wwUirre and to comply wwitlr federal aand state requirements for the saal"e and efficient operation of fcderaally litraded Imblic Sports %within `wIonroe t`cararatw "l.lre puhhe airport � Projects "ill carrrtinarc to cornpl) %with call aapplieaable f0dera-al and slate aequirenierals, including rrai6gratiun fear eaaw°ironmerrtad impacts N :...w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w..::w.:::w.:::w:. � _.....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w. a Tlae tnom re°cc' u tapdmed arirpon mager lal arr Or Key A est lrlternaadonatl and FlrwWa Keys Marathon I � International Airports, induclaes ta5rwaasts oFaaratltaated passenger and aaireraah a perr;aticarrarl groi,da over the next 20-weaar l)l.raararngg.Period. These ar.pdcated anti''«ity projecliollti resaall in tapd4ate.d faacihly demand and oficn 1 �I new or ex.paarided facility reYcla demeents to meet the current mul projected) clear;and arwer be 20 wesar planning t _.....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w...:------..w..w...w..w...w..w...w..w...w..w...w..w...w..w...w..w...w..w...w..w...w..w...w..w...w..w...w..w...w..w...w..w...w..w...w..w...w..w...w..w..w..w....w......w...w....w....w....w....w....w....w....w....w....w....wr w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w_.....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w..............................................w....w....w....w....w....w....w....w....w....w....w....w..... CL horiz n. he are.ww or expanded facilities regWred to rtrcet the derrraa d praalactms am ondirred in the updMed rairpon master Ialaart and on if-te Airport l,asymu Haan (ALP) for each taigwrt. "idle pra,rpowd ccaratpmhensawe plea tnt amend rent ww`ifl ahg,n t c7tanty deveklmnem and eta%arorunenta;al rev ww reclun-erarenis rviT existing �I f'edcrtal and state rerrlrrirernents that Monroe 4Oart, airports must I,i lknN for the development of' public �I airports aaccandirW to flee a Apra ved AI,.l & thtas rerrun!"g current conflicting guWaarrce het.ww eft lid aal. maw and local statndarrds. I As noted, the Monroe County Airport Department submitted an application requesting U amendments to the Ports, Aviation and Related Facilities Element of the Monroe County 2030 ca Comprehensive Plan, to allow airport improvements at the Key West International Airport (EYW) WI and the Florida Keys Marathon International Airport (MTH), consistent with the Airport Master U)I LO Plan (AMP) and Airport Layout Plan (ALP) for each public airport. Some of the airport improvements may impact wetland areas when there is no other viable alternative available and the Airport Department is requesting text amendments to Policy 501.1.7, Objective 501.2, Policy N 501.2.1, Policy 501.2.2, Policy 50L2.3 and Policy 501.5.3, allowing the public airport improvements to proceed, in accordance with federal and state law, to comply with requirements E for the safe and efficient operation of federally funded public airports within Monroe County. The BOCC SR pg. 13 File No.2020-145 Packet Pg. 2174 Q.1.d public airport projects will continue to comply with all applicable federal and state permit/authorization requirements, including mitigation for environmental impacts. Specifically, the Airport Department is requesting that the provisions within Policy 102.1.1 (wetland open space requirements), Policy 203.1.1 (mangrove wetland open space requirements), Policy 204.2.2 (wetland open space requirements), Policy 204.2.3 (limitation off structures and fill within wetlands), and Policy 204.2.4 (limitation of structures and fill within wetlands) shall not apply to the Key West International Airport and the Florida Keys E Marathon International Airport due to the overriding public interest for the development and expansion of aviation and related facilities, including fencing, at these public airports to support the economy of the Florida Keys, relieve increasing traffic and congestion on U.S. 1, and to enhance public health, safety and welfare. 0 The specified Policies relate to wetland provisions, as follows: Policy 102.1.1: The County shall protect submerged lands and wetlands. The open space requirement < shall be one hundred(100)percent of the following types of wetlands: N 1. submerged lands 2. mangroves E 3. salt ponds E 4.fresh water wetlands 5.fresh water ponds 6. undisturbed salt marsh and buttonwood wetlands Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and undisturbed salt marsh and buttonwood wetlands only for use as transferable development rights (TDRs) away from these habitats. Submerged lands, salt ponds, freshwater ponds, and mangroves shall not be 2 assigned any density or intensity. a Policy 203.1.1: The open space requirement for mangrove wetlands shall be one hundred (100) percent. No fill or structures shall be permitted in mangrove wetlands except for elevated, pile- supported walkways, docks,piers and utility pilings. z Policy 204.2.2: To protect submerged lands and wetlands, the open space requirement shall be 100 percent of the following types of wetlands: C- 1. submerged lands; 2. mangroves; a.� 3. saltponds; Ui 4.freshwater wetlands; 5.freshwater ponds; and 6. undisturbed salt marsh and buttonwood wetlands. e( Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and undisturbed salt marsh and buttonwood wetland only for use as transferable development rights away from these habitats. Submerged lands, salt ponds, freshwater ponds and mangroves shall not be assigned any i density or intensity. Within one (1) year after the adoption of the 2030 Comprehensive Plan, the County shall revise the LDC to include a prohibition of development in salt ponds. Ui er Policy 204.2.3: No structures shall be permitted in submerged lands, mangroves, salt ponds, or N wetlands, except for elevated, pile-supported walkways, docks, piers, and utility pilings. No fill shall N be permitted in submerged lands, mangroves, salt ponds, or wetlands except, 1. as specifically allowed by Objective 212.5 and subsequent Policies; 2. to fill a manmade excavated water body, such as a canal, boat ramp, or swimming pool if the Director of Environmental Resources determines that such filling will not have a significant adverse impact on marine or wetland communities; or BOCC SR pg. 14 File No.2020-145 Packet Pg. 2175 Q.1.d 3. as needed for shoreline stabilization or beach renourishment projects with a valid public purpose that furthers the goals of the Monroe County Comprehensive Plan, as determined by the ch County. a Policy 204.2.4:No fill or structures shall be permitted in mangroves or wetlands except as allowed by Policy 204.2.3 (as amended) and for bridges extending over mangroves or wetlands that are required to provide automobile or pedestrian access to dwelling units located on upland areas within the same y property for which there is no alternative means of access. Such bridges shall be elevated on pilings such that the natural movement of water, including volume, rate, and direction of flow shall not be E disrupted or altered. Upland areas shall include disturbed wetlands that have been lawfully converted into uplands through filling a, E Note, staff also recommends including Objective 204.2 (Monroe County shall not allow the loss of 0 undisturbed wetlands or the net loss of disturbed wetlands.) within the proposed amendment to CL Policy 501.2.1 to eliminate any potential internal comprehensive plan inconsistencies. - The proposed amendment would allow some impacts to wetlands for airport improvements where < there is no other viable alternative available but would still require all applicable federal and state W environmental resource permit/authorization requirements, including mitigation for environmental impacts. As noted, the proposed amendment includes, 'for development at the Key West E E International Airport and the Florida Keys Marathon International Airport, this policy supersedes 0 wetland restrictions for open space requirements, restrictions on fill or structures in wetlands, and 2 fencing into or through any wetlands or water bodies within the land development code.... Any U) development and/or expansion of aviation and related facilities at these public airports will be reviewed based on the requirements below and may proceed,provided the improvements:...comply y with all applicable federal and state environmental resource permit/authorization requirements, 2 including mitigation to compensate for the functional loss resulting from the permitted wetland a impact;..." The applicant provides the following additional details, regarding the National Environmental Policy Act(NEPA)requirements as it relates to the review of environmental impacts: Z� w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w...w. In addilit-,)n to the .Aiv,ll' r ntl At ' llroces� (ltsccts'sed I�)t°ev i;;attsly witl pt or To l)tctjecla, tscIng. cicstptccl and CL cota;trtelecl I A rarrcl I:l t 1'f ri cquirvmcttt� I=tr ettr itaarrrttettWl pt'o ccnott rtrrcl pf'olect penni tin g recltiirc alms p 1n-o'ects be Gctt their polet-ItI al to ltttrc tac1wi-sc imprtcts pet` Nl-'.PA requircments',An eti [-'m iE-omnental Assessmeiit (['A), ot- for vei-% lun -' ge pt ..tects zrrr ['Invirctrttaaettt�ll ltttpc°. It: Statement fl"I f� will be CL r•et_luired to determine if the I-)t"ojcct kill h'-I'v., a(iv rse 6:11picls, kierttif% those tmpi-ctw �c•ill be, and Y cict tt tit`tc � ltti�t, it'i tl '. �aeccI-%title att ta�rE tiiB%� k °ill l' icc{gfsi' it to liit'fit rtt cat° offset those it `tti alto l i tt1l ttc l l Ill's cooatltt`cltctt t�e tarattet::l ��itl`r l'ccler al Lim] st<ttc; ageacies and c ctndLIetc d 161 each project that nnit meet specified F A and Nl-"PA thi-esholck, dent pcttentttrl impac is to 21 enkirortttleill'al � cal gorier, Mclta(ilin the gait-po s, liahitttt rind species. The c\isllrtg fikitrtt iticniifiec-1 at l",`r`'W iss outlincd in > ably 1 and Figure 1, %di le the existing, Nlallt at ttletttrlte(l aft MITI l is outlined tt) Table 2 and Figure 1 LO i cv CD cv BOCC SR pg. 15 File No.2020-145 Packet Pg. 2176 Q.1.d Table t Lxistin'tZ ENAV 14abitat Emil - rn �.11 Airports its 124.0 6........ ..., + r 3ii Land zr`t.6 0,6 422 rap;rr€+.irrl�trrall t�3:e t,s.Y A ..,. .a=_,., �...,. �- _....� ........ ......_..... .............................. .. „... ._,......_. ..._._...... ..� ... .., E 42CM Forests 7.7 0) .... .. .r .. .... .. _... ._ _. _.......... ... > 1 F'ri56nraFl r,t;r+'a5 .,d-a . ,..�..__ _ 134 uhipjee,1.)VaQI1i0)j 6}M°� 16cl]) Psi^,e A _ 320 rtl.+lmhd`hnilz arhd r'srasItfognd i Pali 14c) t'�[Y#v'tl'Y'ite P't'yv%p crticl Sgcr ii o w 6,I,fi 0 1�'9 rlvasJ`413'I�IIz� P §ri'iJI�1„�rlft� 4E.' 4Xr�,lha�+f, _._. ...................._. .. ..... .. y C 12 Ar1ovgjii `esVxnj) P2F031°J r. la7arili Im rtltltl,forv%ri,r+l,14r+artd- 11A0 6 ¢ t�!,d��tl r��r+lras�li. ��tlrtla�o�l±�FPe,+atd�+ri � 54 S uft Not O porimgi E'1116,2—[St U^ralrtr,xu9v11c1A1 1 t E Dirf,tly In t9srlicrr 0 Pit i1 Sarn,l 64 9s,Irwlr01,1,1 ar0i0f, 17,2rKM ,.P aswn+ilaie,lur ii��=1.�, Firsomj,,,na,rr sktrwat 2 9 65 Cb 1 �Cxc"k6c: °,€I4srt,1l Il,arrP�aroock 1a1` etI irl_ F2rra3P—Fsk,i 1rt�, Inior`#b 1.1L for prod! rtrsa„ul- U:" 0�� � FJr�;rIll�l�r Gu�Btlac�rl I�rd�vuy�6 C�°6vrcErer�as lo�rrrctlsil�rl�+11 av 1�a•f .�+ _ .. . . _. 541 ri+slate;rn prat t l� + uar1 Co� e tlg�t ra21 1 Fmorrrinp,srr4rt1e1wt,,,)won oh 1mpd Rpui ijvl, or Ocoxn sim tic] r,12 a,r harinplized`rr tii erw,✓ty9, r+riiallt '1t16} S mix+ rlaa , I+ra l l 4.ir i,nyl�B+�6a„�I r.Pt .ai. UJ fA :m fatal Acres 30.9 FLO$ 1'6i 4 ai 1 Q a,d Fn ire+ I ._�r#, f;airi, 'n,•err htls�s;k�ix�,�r14 Fa�z 14[ �o-r'a1 r, F,kit♦ra.l+,ra,�r�:r r.i �,r:I°� w r„ Barra+aF"'calriG+r,+7i , I Tabi fl'xi fi 114Y INTH I I hbital CL PLUG 5 DESCRIPTION ACRE5 WITHIN BSA CL Tuinesportall n,Communicarciaii,ar,cf UG1160 0 0. wellama CJ E,21FM' ®C3tunrine k-aerttdal Forester[, 0 6 I Ma€grove c oavrq,(Tird.a1:y Broad-Ieav @d 6:,jofg reoin., Rot,s.larly � Cot~rt ewe-l) C ooded C.8 �I Broad-leaved F.'wwgrev�n, LO 612.,...Margr ve'�%varnp(1.-ola ed; Flooded M r Total A4res of Habitau wFTI,n the BSA 190.8 cCD v N SO,,"ERC i Cr„Gradrie to ia-vices, Inc-Ar giusl-",0 � E U B0 SR pg. 16 File No.2020-145 Packet Pg. 2177 .... . -" I . ..... " �� -- i - . ..i �.L..Ils, i il Ii I I � Ii�Ir�III '.!I , I ", t i I Iii , ti .. ,..I LYW and N11 I I We hides extend vQ woordinatkni idth: i be US A rm, Com (A 00nact, I USA CE, So uth rn flcifid,,a Water Management DArm JOWDY mithw Rwida Depdriniuni Finiroinuenral [Irotection ILI, midgate any ex[vcWd hnpcB to vmIns enOwnmeaud resources iivel,tuJing. but mm Whed ha eater OW quad, Avdands corimal mid Moo(.] zoaes, and pro(�ected ha[Lilat and specks, I Wis emudinmi,ori is a thii-d &A of pnject rev iew and approwls 11-in! typiea!Q occurs doing the prtject engAcering deign to anSLHV CROWFIMeHial IWOlediOn Itud miligathm roquireiven-ts kki-r0died in pavWs ANH'mdhw FA sMd) mview am impOmenled durAg emmmmtAL I he kWo%kg Whas qlAnd requirernerits ofeach thdad cw amw WC aIe,ncy rekitive to env ironnienia I pernihiN and n0f3ation rcq Aran erns E L WACI" 2 0. as 19midice Respnoibic Compcnsamq Wigalion - Tlic- rej,'daceincM enhanecinen and'or E preservation orenvown-nowas sendhve Win(k a! .peciiied rubs NNW on Ke quady of 8 the Ampacted resourc.e tm be owned and makshved lay do pem&we CL CU b Mityadon Kinking / In W We (H 1) - Puwhne of anchN in a nuligation ha; ik in Ow r- geographk ama of Me pondued hupact at rative We the embiamod Nsourves lo" kw 00. L. pay inent of a Te 10, piver"Hon of msNirccs Ken sudi n0i,,g--i6ori haaking is not ;R available. 2 SFVVNH) Jii�a Per n-nuce Respo nsihie Comp onsmir; Ndidgafion ---1 -Qp1,',1,:en1enL o0ancernent- andAir E preservation orenv irk rnncmaHy scn-,ifl\c lands ail s1:,,ccWicd rmbs b,,rscd uii dic qualit) of E 0 the impacWd reoxnve io be Lowned and nn11ntti,1i-,Lx1 b the perrnhee. h, Wigatimi Ifirikly ! In Lku I've (11 f I Pumhnise oForedds in as midipation haml in the g geopaphk area of Me perunhied impint om nubs aNnne the estinuined r,�,ources loss or CD C pay mcni of as lie for r,.,)reservafion of resources Nwhon strich niitnuai ton, ladling k not aNIONC, Ifis Ndual and state proces,,, f6r prtmi impao Wo% and Qnvironrnental protec6i")n i., roquired f6r .al l '20 awpoo jorcjecis at FYVV and 111-1 wid Ims msdwd in NW C101 WRAVIMI'LOW COIBOVIVIGUL pins en subm. 100 and rnitifahon Sprowinents wo-er the years. Hgare 3 Alustraws A the enWormneutul pnitectivin and im1wounnew lutjvis thni We Wen completed "a ".1ne to the lederal aiid s�ntte �,VJIA and en%W=01 permitting, requlmnienl z LO The amendment is proposing that provisions within Policy 102.1.1 (wetland open space 1-- CL 0 requirements), Policy 203.1.1 (mangrove wetland open space requirements), Policy 204.2.2 (wetland open space requirements), Policy 204.2.3 (limitation of structures and fill within I CL wetlands), and Policy 204.2.4 (limitation of structures and fill within wetlands) shall not apply to U the County public airports. 0 Examples of the types of projects that could not move forward without the proposed amendments include: security fencing within the salt pond, a taxiway extension within a mangrove area and a general aviation apron within a wetland area (improvements depicted in image below). These are 0 the type of improvements needed for operational safety improvements (preventing individuals from accessing the airport and causing injury/threats to themselves or others as well as an U) LO additional taxiway to comply with FAA design standards for airplane operations) and to meet 7 forecasts of anticipated passenger and aircraft operational growth (parking for general aviation CD N aircraft and to accommodate additional aircraft during peak periods and irregular operations). E BOCCSR p& 17 He No.2020-145 1 Packet Pg. 2-1081 L EGEND: ------ ------------------------------------ ---- --- Proposed New Fence Runway ObIect Free Area(ROFA) -------- ------------ ------------ -------------- -------------------------- Exisbing Fence Airport Property Llre U) Proposed Demolition F77i Proposed Pavement of Existing Fence 'V Pavement to be Removed laximay Object Free Area JOFAi Area to be Grade( tU 0) C U) C 0) E > It 0 -14 7. E 0 CL 14; 0 E E 0 U) Wi rl-,111 IV h"11 Op g D-,Vy I"Gvli c,,Q-- alR d,a ICI."Y' F Iplll%41y A e� z �Frir0 lien P-0 ` h-,�O�-d Ww! H-d—,d I ia CL S,rv-,—ys, U,.�dard Shrob 0 $ U,O,kgh R,m, ald 7,0o, �a, CL While the County's Comprehensive Plan, if amended, would no longer restrict these 0 improvements; the proposed amendment would still require all applicable federal and state environmental resource permit/authorization requirements, including mitigation to compensate for the functional loss resulting from the permitted wetland impact(i.e. the replacement, enhancement, and/or preservation of environmentally sensitive lands at specified ratios based on the quality of 0 M the impacted resource). Additionally, the improvements must be identified within the BOCC CAI adopted Airport Master Plan and Airport Layout Plan; the improvements must meet federal U)I LO requirements set forth by the FAA; the improvements must reviewed pursuant to the "Permit Referral Process;" and the improvements must meet Monroe County Comprehensive Plan goals, objectives, and policies to the extent practicable given required federal and state obligations, to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. E BOCCSR pg. 18 File No.2020-145 1 Packet Pg. 2179 Q.1.d It should be noted that the public airports are not designated as a Red Flag wetland using the Keys Wetlands Evaluation Procedure (KEYWEP) and the assigned KEYWEP score. Section 118-10(e)(6): 1. Wetland quality categories based on KEYWEP scoring: � i. High functional capacity wetlands: those wetlands that score higher than 5.5, regardless of previous disturbance. Development is prohibited under any E circumstances. > 0 ii. Moderate functional capacity wetlands: those wetlands that score 5.5 or less, but greater than or equal to 4.6. These wetlands are suitable for development with E appropriate mitigation. 0 iii. Low functional capacity wetlands: those wetlands that score less than 4.6 or are e- U assigned a green flag designation as suitable for development. These wetlands are r- suitable for development with appropriate mitigation. 2. Wetlands determined by KEYWEP to have a high functional capacity (those wetlands C that score above 5.5 or those wetlands that are assigned a red flag) are not suitable for filling. The open space ratio for such wetlands will be 1.0 (100%). 3. Wetlands determined by KEYWEP to have moderate or low functional capacity (those E E wetlands that score 5.5 or less or are assigned a green flag) are suitable for filling with 0 appropriate mitigation, as determined by the Florida Department of Environmental Protection(DEP) and the U.S. Army Corps of Engineers (ACOE). All such projects shall U) require documentation that all aspects ofDEP and ACOE mitigation have been satisfied prior to the commencement of construction and/or prior to the issuance of a County 'Notice to Proceed.' ' All Lots Sorted by Key and Subdivision y Record# Key SubdivisionfTract Lots) Black RE# Value Other MISC � Jls [Key West Keywt Alt Runway o� i6.liii . . ... MARE [Marathon IP7larathon Airport Rufr�v3,y . . fi1f34t] 2. _ runway �I Scare".It-low quality(bldW wt tni V) IMF=unsuilable for development Sme 14,6,<TO-moiferate quality(bldble wl rn ft V=Shorel ne fringe 1-- Score ITC-high qu ility(not bklbia) WET-laws quatity 0. I As indicated in the Wetland Lot List excerpts above, both airports have a score under 5.5, indicating a green flag wetland, which are suitable for filling with appropriate mitigation, asI determined by the Florida Department of Environmental Protection(DEP) and the U.S. Army Corps of Engineers (ACOE). The proposed amendment reflects this information by requiring all <I applicable federal and state permit/authorization environmental resource requirements, including U mitigation to compensate for the functional loss resulting from the permitted wetland impact. I Additionally, it should be noted, that the public airports are subject to the review requirements LO included within Policy 206.1.4 and Sections 122-2 and 122-8, regarding the United States Federal Emergency Management Agency (FEMA) and United States Fish and Wildlife Service (FWS) Required "Permit Referral Process" (PRP) included in permit determinations for development to administer the National Flood Insurance Program (NFIP). As a brief summary of the development of the PRP, Section 7 of the Endangered Species Act (ESA) requires Federal agencies to consult with FWS to determine whether there would be <t BOCC SR pg. 19 File No.2020-145 Packet Pg. 2180 Q.1.d negative effects based on their activities on federally protected species and their habitat, prior to taking action within an area that may impact species or their habitat. In 1990, the National Wildlife Federation, Florida Wildlife Federation, and the Defenders of Wildlife (Plaintiffs) filed suit against FEMA and FWS, claiming that FEMA had not consulted with FWS, as required by the Endangered Species Act, while implementing the NFIP. As a result FWS issued a Biological Opinion (BO) for the effects of the NFIP on federally protected species in the Keys on April 30, E N 2010. As required by the ESA, the BO provided Reasonable and Prudent Alternatives (RPA) for four jeopardy species and Reasonable and Prudent Measures (RPM) for five non jeopardy species. Based on input from the Plaintiff and interested parties, the RPA's were subsequently revised and the revised RPA's became final with the execution of the Settlement Agreement on January 6, 0 2011. CL As a result of the actions, the County adopted Ordinance 015-2012, amending Chapter 122 Floodplain Regulations of the Monroe County Code, creating Section 122-8 to provide for the C inclusion of FEMA and FWS requirements. This ordinance creates and implements the "Permit Referral Process." u E The "Permit Referral Process" includes a review of all development that occurs within areas 0 designated as "Species Focus Areas (SFAs)" or "Species Buffer Areas (SBAs)". The SFAS or SBAs are areas identified by the FWS which contain potentially suitable habitat for nine federally U) protected species including: Eastern Indigo Snake, Key Deer, Key Largo Cotton Mouse, Key Largo Woodrat, Key Tree-Cactus, Lower Keys Marsh Rabbit, Schaus Swallowtail Butterfly, Silver Rice Rat, and Stock Island Tree Snail. 2 The Biological Opinion dated April 30, 2010, modified on December 14, 2010, and RPAs provide a review method to address habitat loss and indirect effects from floodplain development as well as stipulates the take impacts that can occur. The BO establishes an implementation/review process through Species Assessment Guides, which determines potential impacts to the specific listed z� species. The BO allows the County to issue permits that impact a certain amount of acreage for 0 each type of listed species (table 18 from the BO). a The maximum impact acreage in the BO is far less than the amount of acreage that exists within 1 0. the Focus Areas for the listed species (see table below); and the Species Assessment Guides allow U for impact to habitat to be compensated for, in accordance with the County's mitigation requirements, without that impact being deducted from the overall allowable acreage and "take" limits for the County. Only those permit applications which result in a"May Affect" determination <i for the listed species and when the applicant declines to provide the appropriate mitigation, would cause the impact to be deducted from the overall allowable acreage and "take" limits for the 0 County. i The FWS has approved, through Species Assessment Guides, habitat compensation via 'O replacement of lost vegetation through protection or restoration of habitat, and/or monetary contributions, according to the County's land development regulations. The proposed amendment reflects this information by requiring all applicable federal and state permit/authorization environmental resource requirements, including mitigation to compensate for the functional loss resulting from the permitted wetland impact. e( BOCC SR pg. 20 File No.2020-145 Packet Pg. 2181 Q.1.d As a note, the County provides an annual report to FWS and FEMA on the implementation of the I PRP. The most recent reporting period (September 13, 2019 to September 12, 2020), provides the remaining take for each species: Table& EXEMPTED,DEDUCTED,AND REMAINING INCIDENTAL TAKE IN.SQUARE FEET OF HABITAT AND NUMBER OF RESIDENCES FROM 9/13112 TO 9/12/20. N o ell + d �& v�voo TOTAL EXEMPTED INCIDENTAL TAKE 33,550,100 12,6511,535 9A67,366 9,497,08 76 10,866,220., 9,461,232 3,641,615 296 575 7,505,388 522 349. 10,658,220 CL PRORYEARI$)CUMULATIVEDEDUC INCIDENTALTAKE I1 19113112tn R112/19) 40,100 167,942 211,819 2111819 0 0 201,677 196,524 0 D 295,451 0 0 Y7Y,220 CURRENTREPDRRNG PERIOD DEDUCIELF INCIOENTALTAKE 19/13/19 to 9f1xf20) :0 a 23,081 23,035 D P 23,031 0 0 0 0 0 P 3,7sD. PERCENT DF TAKE USED 9/13/12 t.9/12/20 0.12% 1.33% 2.49% 2.43% 0.00% 0.D0% 2.38% 5,40% O.DO% 0.00% 2.60% 1 0.00% 0.00% Y:61% '® AVAILABLE REMAINING TAKE BEGINNING 9/13/20 33,510,000 12,490,594 9,252,518 9,252,528 76 1 3D,868,229 1 9,236,524 1 3,445,092 1 296 575 7,309,937 1 522 349 17613,250 wv+ N The DEO objection mentions the "Eastern Indigo Snake Focus area, Tree cactus Focus area, and the Tree snail focus area, as identified in the April 30,-2010, Biological Opinion issued by United E States Fish and Wildlife services (FWS) The proposed amendment would allow for the potential impact to these habitats Identified in the FWS Biological Opinion." As noted in the table above: • Eastern Indigo Snake has an incidental take of 33,650,100sf and the cumulative take utilized In is 40,100sf, with a remaining available take of 33,610,000sf. • Key Tree cactus has an incidental take of 10,868,220sf and the cumulative take utilized is Osf, with a remaining available take of 10,868,220sf. • Stock Island Tree snail has an incidental take of 10,868,220sf and the cumulative take utilized is 171,220sf, with a remaining available take of 10,693,250sf. z Additionally, it should be noted that the main habitat for the Key tree-cactus is naturally disturbed CL patches in hammock and for the Stock Island tree snail it is hardwood hammocks. The proposed amendment does not alter any provisions related to upland habitat but addresses airport improvements within wetland areas with the requirement for environmental resource permits and C� mitigation for environmental impacts to compensate for the functional loss resulting from i permitted wetland impacts. 0 While there is take remaining, the County Biologist has indicated, based on an initial review, that proposed actions at the public airports are Not Likely to Adversely Affect (NLAA) the listed species). During building permit review, the County will review the specific development proposal Cal and designs and mitigation proposal through the Permit Referral Process. W i LO N Finally, it is important to note, that the numerous replacement, enhancement, and/or preservation projects have been completed for prior activities at the airports. Examples of these efforts for the Key West airport are provided below: E BOCC SR pg. 21 File No.2020-145 Packet Pg. 2182 Q.1.d K"EY WEST INTERNATIONAL AIRPORT COVER 20 YEARS OF ENVIRONMENTAL PROGRESS (�.rrLl .I it V1 ,Fr N 111.A.[ t VA -4 t P,n w Ai raRT-W yne a e.nti[.1_ r,nPnA1 t:_� ExovcR'NuI&Amct P'L.+iel✓Ta Co4rftoL; N RESRAvmp AngN PMPR:DVEME1Na'UQUNDAPa: REmavAx,AM[7 C1,EANrUP;,. EpunxER vRs ScR-EN4M0 Fx�Gip/wuuEAawcE PLANTS CIONMR01 � MONTH SALT POND*EN"ANGEmeNS( movEL'; a OPYCANHe 7 ROAD *POTENTIAL FUTURE ARAN DON ED WAFER ONE ARP PILO RESRL4arPATia,4 MITI GAMON SITE 2 �.. t " 0y U try 1k� 1 t p p.0 2 w LL f Y= n r 5.r ryq # V r� i e3 „I n 1 E } -r_As'T"Wrs`rF sH-NOC"AYNXtA(R,6M1AoV90 AFRFOAT PROPERTY"LINE. COMMERCIAL F RON AND�CKNEY PIT'... •V A NOONKO SEWER ONE A440 FEE S}RAFNAac Wrapvc IgNY'TS r FAUGER-FULS REMOVAL ICON NEC TE0 .SALT POND RESTORATION +MA aARE RtpgvEl.9's mg"T MOOTED tipraaAr.�`PcsNrk (REMOVED€3 aAsnwwrY _ ANO VR+.9Wk'AtlA.I MI'RQMEF0EN'9"S N w CREATED M NNORGW SWAMP, N y/ gyp •RSIPyW1A8d"TA+'BYdA'Y}R 'ERfFA!CLNsb '}RESi'vEoERR1'3a Anw9'&'.M'1WPSAB;GE"PE4ilEG.. ,_ Y V est € RTC AND RAYS AND DRAINAGE IMPRIO EMENTS RE6RAGTEO AND PLAMMO N9"VE SPECIES i r rrr al ri,ry;ur5. N Since the transmittal hearing, held on January 20, 2021, the County has also received the Record of Decision (ROD) outlining the FAA's acceptance of the final Environmental Assessment (EA) and CL issuance of the Finding of No Significant Impact (FONSI) for the proposed improvements at the Key West International Airport (attached as Exhibit H). The FAA requires compliance with the National Environmental Policy Act (NEPA) and implementing regulations issued by the Council on CL Environmental Quality (CEQ). tai 0 NEPA requires environmental review of proposed actions directly undertaken by the FAA and to actions undertaken by a non-Federal entity (County) where the FAA has authority to condition a permit, license, or other approval. The EA determines whether or not an action has the potential to cause significant environmental effects. Based on the EA, the following actions can occur: v�U) LO • If the agency determines that the action will not have significant environmental impacts, the agency will issue a Finding of No Significant Impact (FONSI). A FONSI is a document that presents the reasons why the agency has concluded that there are no significant environmental impacts projected to occur upon implementation of the action. • If the EA determines that the environmental impacts of a proposed Federal action will be E significant, an Environmental Impact Statement is prepared. BOCC SR pg. 22 File No.2020-145 Packet Pg. 2183 Q.1.d On March 19, 2021, the FAA issued a Finding of No Significant Impact on the EA and determined that an Environmental Impact Statement is not necessary for Taxiway Extension, Apron Expansion, and Security Fencing Improvements at the Key West International Airport. This review included the participation of the U.S. Environmental Protection Agency, US Army Corps of Engineers, U.S. Fish and Wildlife Service, National Marine Fisheries Service, Florida Fish and Wildlife Conservation Commission, the South Florida Water Management District and the Florida State Clearinghouse (they Florida Department of Environmental Protection coordinates coastal consistency review among state a� agencies). E 2 Pertinent excerpts from the FONSI: a. E The County is proposing to, make taxiway,, aircnaft parking apron, and airfield perimeter- .. fence improvements to enhance operational efficiency and safety at the airp rl_ The ca proposed improvements include extending Taxiway A to, the aid Of Flu_n y 9-27 expanding the commercial and general aviation aircraft Larking aprons, and relocating and improving section of the airficlld SeCUrity fence. Because the proposed N improvements require, federal, actions by the Feder-al Aviation Administration', an � Environmental Assessment (EA) was prepared by the County my for the FAA's use in complying with the reqUirements of the Alational Envii-ontnental oli Act of.1 , . (NEP.A) 0 Council on Environmental, rality (CE MgLll,ations implementing EA FAA Order `I 0,50.1 F, Envii-onm ntal linpacts. policies and .rocedw-es, and FAA Ord el- 050_4B: NEPA Iniplenien ting In t�-u tions fog Ahpo,rl A ctions— y This Finding of No Significant Impact iFONSI r and Record of Decision (ROD) provides the FAA's environmental, determination, pprov ll, and conditions for agency actions � necessary to inipl,e ent the Proposed Action. This F iwl UROD is bayed on information and analyses contained it the ttac.hed nvii- ninental ,Assess neat i- Puinvay and Ta i,,,va f Se ai tion la? ro etne �t.�. which i incorporated by reference, and otter r el,at d documents available to the agency- The ROD is iSSLIed in accordance with CEO CL regUl,ations at 40 CFR §1 05-2- _..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w.. CL w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w i CL Biological Resource — The Proposed Action would fill approximately _14 acres of mangrove, sw rnp: 4-03 acres of saltwater marsh, 0.09 Macro of salt pond s.,lembayrnant; _ 0.07 acre of upland Br zilian popper, and 0.25 acne of exotic wetland hardwoods (wetland Brazilian pepper)- .Ali additional 0_2 , acres of mangrove swamp WOUTA be cleared of vegetation, but not filled- The affected areas,,, impacts, and potential l mitigation measures � were diScr_rs od with regUl,atory agencies during the preparation of the E.A;. LO The C€ Unty proposed a conceptual mitigation plan in the EA and Biological Assessment- ,Compensatory wetland mitigation opportunities were identified both on-site and off-site N BOCC SR pg. 23 File No.2020-145 Packet Pg. 2184 Q.1.d ndl include wetland restoration/creation, enhancement, and preservation. The conceptual Ong-site mitigation Would restore both saltwater marsh and mangrove communities al, nag the periphery of the degraded salt ponds and enhance tidal flow through the salt ponds-5 Off-site mitigation would be provided at selected sites in the Lower Florida Keys. Tile � ,County will prepare a final mitigation plan during the Proposed Action's permitting hase_ N Federally-Listed Species / Section 7 ConSUltation — No designated or proposed critical 0 habitat for any protected species is located oui Airport property or would be effected by the Proposed Action. Through consultation with the U.S. Fish and, Wildlife Service (U! FWS.) it was determined the Proposed Action would have no effect on the Florida semi pore cactus, Gr rber's Spurge, Cape Sable Thoroughwort, Eastern indigo snake, piping plover, red knot: and roseate tern. The USFWS concurred that the Proposed Action may effect. but riot likely to adversely effect the West Indian n7anatee_ The County ,will be required to W implement the F ' 's Standard Manatee Construction Conditions for Inwater Work during conistructicuru_ Protected species consultation was also initiated with NMF _ NMIFS � conCl1udedµ that the Proposed Action is not likely to adversely affect listed species under 0 the agency's pu_ur ie - State-Listed Species — No effects one state-listed plant and animal, species are anticipated— The Proposed Action WOUTA riot jeopardize the continu..;ed existence of a Federally-listed threatened Or endangered species and would not reSUlt in the destruction Or adverse modifications Of federally-designated critical habitat. rditig tion and conser-vation measures � would be imp pen Tented to, offset impacts one habitat and protected species. The Proposed Action would not result in significant impacts on biological resources. P CL etland —T-re Proposed Action,would affect 7.71 acres of jurnsdictiona I waters, incIudnng mangrove swarnp , saltwater marsh, salt ponds/embayment, and exotic wetlandl har�d� oods_ Measr_ures to avoid •otland impacts are not available �ndl measures to � minimize impacts were considered. The ProposedAction's Unavoidable wetland impacts require federal and state permit ar.rthiori ation_ The compensatory mitigation plan described in the EA Would Offset the loss Of functional value of the affected wetlands_ The � final and complete mitigation plIan would be develo od during the project's permitting and design phase- The Airport Sponsor is required to, obtains al,l necessary environmental permits and ' authorizations prior to, staving any construction activities that would affect federal and ' N state jurisdictional eater's, inCltiding wetlands_ Based on early agency coordination and mitigation measures discussed in the EA, options to, provide compensatory mitigation are available to offset the wetland impacts_ Significant wetland impacts are not anticipated-ted_ _..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w..w.. BOCC SR pg. 24 File No.2020-145 Packet Pg. 2185 Q.1.d V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE PRINCIPLES FOR GUIDING DEVELOPMENT, AND FLORIDA STATUTES. N A. The proposed amendment is consistent with the Goals, Objectives and Policies of the u Monroe County 2030 Comprehensive Plan. Specifically, it furthers: .N Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. 2 Policy 101.5.19: The principal purpose of the Airport District (AD) future land use category is to facilitate the operations of airports and their compatible uses and to prohibit the development of _ residential uses (excluding temporary non-emergency housing), non-compatible educational uses (including but not limited to pre-K through high schools) and/or other uses which are characterized by CL the regular presence of large numbers of people within the hazard areas of civil and military airports. In addition to privately owned civil airports located within the unincorporated areas of the County, this 0 Monroe County Future Land Use Map (FLUM) designation applies to the airports owned by the County �= within the cities of Key West and Marathon, and the County shall have review authority over all permit W applications. Objective 102.1: Monroe County shall require new development to comply with environmental standards and environmental design criteria which will protect wetlands, native upland vegetation and 0 beach/berm areas. Objective 102: Monroe County shall maintain Environmental Standards (Section 118-1) and CD Environmental Design Criteria (Section 118-6) of the Land Development Code. These regulations will require new development to further protect wetlands,native upland vegetation and beach/berm areas. Policy 102.2.1: Monroe County shall maintain environmental standards and environmental design criteria as indicated in Conservation and Coastal Management Policy 204.2.5 that eliminate the net loss of disturbed wetlands. Mitigation for wetland impacts shall be in accordance with State requirements. In instances where mitigation is required by the U.S. Army Corps of Engineers but not by FDEP or SFWMD, Federal mitigation requirements shall apply. z� Policy 102.2.2: Monroe County shall maintain environmental standards and environmental design CL CL criteria as indicated in policies adopted pursuant to Conservation and Coastal Management Objective 205.2 that protects native upland vegetation and promotes restoration of habitat values of native upland i communities, including hardwood hammocks and pinelands. CL i Policy 102.2.3: Monroe County shall maintain environmental standards and environmental design criteria as indicated in policies adopted pursuant to Conservation and Coastal Management Objective 210.1 that will protect beach/berm resources by addressing permitted uses, siting of structures, i disturbances, removal of invasive vegetation, and restoration of native vegetation in beach/berm areas. c, Objective 203.1: Monroe County shall protect its mangrove wetlands by continuing to implement regulations which will further reduce disturbances to mangroves and which will mitigate the direct and LO indirect impacts of development upon mangroves. Policy 203.1.2: Monroe County shall require minimum vegetated setbacks of fifty (50) feet to be maintained as an open space buffer for development occurring adjacent to all types of wetlands except `V for tidally inundated mangrove fringes and as provided for in Policy 204.2.3,204.2.4 and 204.2.5. If a 50-foot setback results in less than 2,000 square feet of principal structure footprint of reasonable configuration, then the setback may be reduced to allow for 2,000 square feet of principal structure footprint of reasonable configuration, provided that the setback is not reduced to less than twenty-five BOCC SR pg. 25 File No.2020-145 Packet Pg. 2186 Q.1.d (25)feet. On properties classified as scarified adjacent to wetlands, the wetland setback may be reduced to twenty-five (25) feet, without regard to buildable area, if the entire setback is managed in accordance with County regulations approved by the County Biologist and is placed under conservation easement. Objective 204.1: Monroe County shall identify potential wetland restoration sites and identify high quality wetland sites for possible future acquisition by the County, State and/or private non-profit conservation organizations. Policy 204.1.1: Monroe County may coordinate with other agencies in developing and administering a E wetlands restoration program. 2 0. Policy 204.1.2: Monroe County shall work cooperatively with the USACE, EPA, FWS, FDEP and — FWC, and others as appropriate, to determine funding sources to support a wetlands restoration program. CL Policy 204.1.3: Monroe County shall coordinate with the FWC to update as needed and maintain the 0 existing freshwater wetlands and disturbed wetlands mapping. Objective 204.2: Monroe County shall not allow the loss of undisturbed wetlands or the net loss of disturbed wetlands. Policy 204.2.1: Monroe County shall utilize the Wetlands Evaluation Procedure (KEYWEP) to determine the functional capacity of wetlands and Uniform Mitigation Assessment Method (UMAM)to determine mitigation requirements for impacts to wetlands. U) Policy 204.2.5: Monroe County shall maintain environmental standards and environmental design v, criteria which provide minimum vegetated setbacks of fifty (50) feet to be maintained as an open space buffer for development occurring adjacent to all types of wetlands except for tidally inundated mangrove fringes and as provided for in Policies 204.2.3, and 204.2.4. The setback is measured from the landward extent of the wetlands as determined pursuant to 62-340.300 F.A.C. If a 50-foot setback results in less than 2,000 square feet of principal structure footprint of reasonable configuration, then the setback may be reduced to allow for 2,000 square feet of principal structure footprint of reasonable configuration, provided that the setback is not reduced to less than twenty-five 0 (25) feet. On properties classified as scarified adjacent to wetlands,the wetland setback may be reduced CL to twenty-five (25) feet, without regard to buildable area, if the entire setback area is planted and maintained in native vegetation with a site-suitable stormwater management plan in accordance withCL eti County regulations and approved by the County Biologist and placed under conservation easement. "Development" shall include all activities as currently defined in the F.S. 380.05. [F.S. § 163.3177(6)d.2.j. k.] 0 Policy 204.2.8: Monroe County shall attempt to ensure that dredge and fill activities that require permits from federal, state, regional, and county regulatory authorities are done through a coordinated interagency review process. (HB530) i Policy 204.2.9: No "after-the-fact" permits shall be issued that violate Monroe County dredge and fill i LO regulations. All illegal structures and fill shall be removed and damages mitigated. Policy 204.2.10: Monroe County shall maintain, and update as necessary, a schedule of monetary `CD V cv penalties that provides for fair and equitable penalties for all dredge and fill violations. Penalty revenues shall be paid to the Monroe County Environmental Land Management and Restoration Fund or set aside and used specifically for water quality enhancement projects or wetland restoration or enhancement projects. BOCC SR pg. 26 File No.2020-145 Packet Pg. 2187 Q.1.d Objective 204.3: Monroe County shall maintain a program for acquiring or restoring high quality wetlands. (See Future Land Use Objective 102.4 and related policies.) N Policy 204.3.1: The Monroe County Growth Management Division in coordination with the Monroe County Land Authority and other federal and state agencies will continue with wetlands acquisition through the Florida Forever program, and other funding mechanisms such as the Monroe County Land Acquisition Fund. Priority wetland acquisition sites shall include the following: 1. wetlands having the greatest functional value as determined by KEYWEP; 2. wetlands which are documented habitat of species of special status; and/or E 3. undisturbed and disturbed wetlands located within the Improved Subdivision (IS) zoning district. 0. Policy 205.2.3: Monroe County shall maintain clustering requirements as follows: 1. when a parcel proposed for development contains more than one (1) habitat type, development CL shall be: a) clustered on the least sensitive portion of the parcel, until the maximum allowable density is 0 reached; b) if further development occurs, it shall be clustered on the next least sensitive portion of the parcel,until maximum allowable density is reached, etc.; and 2. development permitted on the least sensitive portion(s) of a parcel shall be clustered within that portion(s) of the parcel. E For the purpose of this policy, the relative sensitivity of separate habitat types shall be as listed below with 1 (freshwater wetlands) being the most sensitive and 16 (disturbed with exotics) the least sensitive. v) 1. Freshwater wetlands; 2. Salt marsh and/or buttonwood association wetlands; v, 3. Cactus hammock; 4. Palm hammock; 5. Beach/berm; 6. Pinelands 7. High Hammock 8. Low hammock 9. Disturbed beach/berm; 10. Disturbed with freshwater wetlands; 0 11. Disturbed with salt marsh and/or buttonwood association wetlands; CL 12. Disturbed with slash pines; 13. Disturbed with high hammock; CL i 14. Disturbed with low hammock; 15. Disturbed; and 16. Disturbed with exotics. c Policy 205.2.9: Development shall be sited so as to avoid or minimize impacts to the following plants: 1. species listed by the Florida Department of Agriculture and Consumer Services as threatened, endangered or commercially exploited (excluding those specifically protected by Policy 205.2.8); 2. other locally rare native species (See Policy 205.3.1); and 3. native trees with diameter at breast height(dbh) of four(4) inches or greater. U)i LO In those instances where an applicant can demonstrate that avoidance of such species or trees is not possible by clustering or by an alternate design approach,then the following options shall be considered ' by the County Biologist: `V cv (1) Successful transplantation of affected plants/individuals ("successful transplantation" shall be defined as one-hundred(100)percent survival after a period of one (1)year); or (2) Where the probability of survivability of transplanted plants is low or when there is no E suitable planting area on the subject site (as determined in writing by the County Biologist), then the applicant shall be required to make a payment into the Monroe County Land Management and BOCC SR pg. 27 File No.2020-145 Packet Pg. 2188 Q.1.d Restoration Fund (See Goal 209 and related objectives and policies). Payments into this Fund for this purpose shall be calculated as follows: Payments shall be equal to the replacement cost at a rate of 2:1 for all native trees over four inches dbh; all listed species of any size; and all locally rare native species. Objective 206.1: Monroe County shall continue to enforce land development regulations which protect wildlife and wildlife habitat from adverse impacts of development. Policy 206.1.1: An Existing Conditions Report (ECR) shall be required for land development projects E that impact or propose removal of native habitat. As part of the ECR, the applicant shall be required to provide the following information related to 0. wildlife and wildlife habitat: — 1. a vegetation survey that identifies the distribution and quality of native habitats; 2. an assessment of any endangered/threatened or protected species (which is known to occur or CL for which potential suitable habitat occurs)within the parcel or lot proposed to be developed; and 3. identification of measures that will avoid or lessen the identified wildlife impact. 0 Monroe County shall, when deemed appropriate, incorporate wildlife impact avoidance measures as stipulations for the land development order. N Policy 206.1.3: Clustering requirements shall be revised so as to reduce habitat fragmentation (See Policy 205.2.3). 0 U Policy 206.1.4: Monroe County shall implement a "Permit Referral Process" for review of all development that occurs within areas designated as "Species Focus Areas (SFAs)" or "Species Buffer U) Areas (SBAs)". The SFAS or SBAs are areas identified by the U.S. Fish and Wildlife Service (USFWS) which contain potentially suitable habitat for nine federally protected species including: Eastern Indigo Snake, Key Deer, Key Largo Cotton Mouse, Key Largo Woodrat, Key Tree-Cactus, Lower Keys Marsh Rabbit, Schaus Swallowtail Butterfly, Silver Rice Rat, and Stock Island Tree Snail. Monroe County shall work cooperatively with USFWS and the Federal Emergency Management Agency (FEMA)to review permit applications for compliance with the Federal Endangered Species Act through the "Permit Referral Process" within the floodplain regulations. The purpose of the "Permit Referral Process" is to implement regulations that will assure, consistent with the loth Amendment to the U.S. Constitution, state and county regulations, proper record retention, coordination, and 0 notification of FEMA and USFWS regarding permit applications filed with or issued by Monroe CL County. CL Policy 206.1.5: Monroe County shall work cooperatively with USFWS in requiring any development permit application within Critical Habitat or designated potentially suitable habitat for federally listed threatened and endangered species that are not included in the USFWS April 30, 2010 Biological Opinion, and/or are not included in the species addressed under the "Permit Referral Process" in Policy 206.1.4 above, to consult directly with USFWS and provide authorization from USFWS to Monroe County before commencement of development. GOAL 501: Monroe County shall provide aviation facilities in a manner that maximizes safety, convenience, economic benefit, environmental compatibility and consistency with other elements of the LO i comprehensive plan, including exercising its planning and land use authorities on County-owned airport properties within incorporated areas of the County. ' cv CD cv Objective 501.1: Because of the Florida Key's unique nature as an archipelago, Monroe County shall promote the preservation of existing airports,airstrips, and related activities. Policy 501.1.1: Monroe County shall maintain aviation related land uses adjacent to the public airports and additionally prohibit intrusion into all airport zones. BOCC SR pg. 28 File No.2020-145 Packet Pg. 2189 Q.1.d Policy 501.1.4: Monroe County shall continue to include existing airports and airstrips in airport land use districts that only permit airport related land uses including those the County owns and operates within incorporated areas of the County. Policy 501.1.5: Monroe County shall encourage the development of aviation facilities and activities that relieve the traffic on U.S. 1 or serve as an alternative to U.S. 1 as a means of delivering goods and services to the community. W Policy 501.1.6: Monroe County shall provide space at public airports for a wide variety of aviation activities in order to provide a wide variety of services to the community. 0. Objective 501.2: The expansion of existing or new airport and airstrip facilities shall be coordinated with the future land use, coastal management, and conservation elements. CL Policy 501.2.1: The development and expansion of aviation and related facilities shall be consistent with the future land use, coastal management and conservation elements. Policy 501.2.2: The Marathon and Key West airports shall be expanded to be consistent with the needs identified in the updated master plan as approved by the Board of County Commissioners. Policy 501.2.3: Development activities to construct or expand airport or airstrip facilities shall not take place in environmentally sensitive areas unless a viable alternative is not available. Mitigation and restoration shall occur when there is no other alternative than to disturb environmentally sensitive areas. ¢' Objective 501.3: Airports and airstrips shall operate in the manner to maximize safety and least adverse v, impact on the community. Policy 501.3.1: Monroe County shall maintain the existing hammock along Aviation Boulevard as a buffer between the Marathon Airport and the residences to the north. Policy 501.3.2: Monroe County shall maintain and update the Key West International and Marathon Noise Exposure Maps and implement measures to minimize the adverse impacts of noise on the surrounding community. CL Policy 501.3.3: Facilities at public airports shall be built to meet or exceed federal, state, and local safety regulations as applicable. CL i U Objective 501.5: Monroe County shall coordinate all aviation or related facilities with the plans of the Federal Aviation Administration, military services, resource planning and management plan prepared pursuant to Chapter 380, Florida Statutes and approved by the Governor and Cabinet, the Florida Department of Transportation (FDOT)District Six Five-Year Transportation Plan , and the Continuing Florida Aviation System Planning Process (CFASPP) as adopted. Policy 501.5.1: Monroe County shall continue to participate in the development of the (FDOT)District Six Five-Year Transportation Plan , and the CFASPP. U)i LO er Policy 501.5.2: Monroe County shall continue to maintain and update a master plan, and the Airport ' Layout Plan for each public airport pursuant to the rules of the Federal Aviation Administration. `CD V cv Policy 501.5.3: All development on and expansions of existing public airports shall be done in accordance with the updated Master Plan of the airport and shall be subject to all applicable policies of this Plan and the County Land Development Code. BOCC SR pg. 29 File No.2020-145 Packet Pg. 2190 Q.1.d Policy 501.5.4: Monroe County shall coordinate expansions and operation of the Key West airport with the U.S.Navy. N Policy 501.5.5: Monroe County shall seek joint use of the Boca Chica Naval Air Station or its preservation as a public airport if the U.S.Navy ceases to operate the base. Policy 1301.4.5: Monroe County shall coordinate all County-owned aviation or related facilities with the plans of the Federal Aviation Administration, military services, the Florida Department of Transportation 5-Year Plan, and the Continuing Florida Aviation System Planning Process as adopted. E 2 Policy 1301.4.6: Monroe County shall maintain and update a master plan for each public airport 0. pursuant to the rules of the Federal Aviation Administration. 0 Policy 1301.4.7: Monroe County shall work with the FDOT and Federal Aviation Administration to CL secure airport improvement grants. 0 Policy 1301.4.8: Monroe County shall coordinate with the cities of Key West and Marathon for the County to review land development permit applications related to the Key West International Airport and the Florida Keys Marathon Airport, as the County's Airport District Future Land Use applies to these airports. E B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys Area, Section 380.0552(7), Florida Statutes. For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the C principles for guiding development and any amendments to the principles, the principles shall be y construed as a whole and no specific provision shall be construed or applied in isolation from the other 2 provisions. (a) Strengthening local government capabilities for managing land use and development so that local government is able to achieve these objectives without continuing the area of critical state concern designation. (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,wetlands, fish and wildlife, and their habitat. P CL (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, eC� and their habitat. CL (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic Ui development. 0 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. _ (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, i and ensuring that development is compatible with the unique historic character of the Florida Keys. (g) Protecting the historical heritage of the Florida Keys. (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments, including: LO i 1. The Florida Keys Aqueduct and water supply facilities; 2. Sewage collection,treatment, and disposal facilities; 3. Solid waste treatment, collection, and disposal facilities; cv 4. Key West Naval Air Station and other military facilities; 5. Transportation facilities; 6. Federal parks,wildlife refuges, and marine sanctuaries; 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties; 8. City electric service and the Florida Keys Electric Co-op; and BOCC SR pg. 30 File No.2020-145 Packet Pg. 2191 Q.1.d 9. Other utilities, as appropriate. (i) Protecting and improving water quality by providing for the construction, operation, maintenance, and replacement of stormwater management facilities; central sewage collection; treatment and disposal facilities; and the installation and proper operation and maintenance of onsite sewage treatment and disposal systems. 0) Ensuring the improvement of nearshore water quality by requiring the construction and operation of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by central wastewater treatment facilities E through permit allocation systems. (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida 0. Keys. — (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. 0 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a U natural or manmade disaster and for a postdisaster reconstruction plan. (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining 0 the Florida Keys as a unique Florida resource. Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the Principles for Guiding Development as a whole and is not inconsistent with any Principle. C. The proposed amendment is consistent with the Part 11 of Chapter 163, Florida Statute (F.S.). Specifically, the amendment furthers: c 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and enhance present advantages; encourage the most appropriate use of land, water, and resources, C consistent with the public interest; overcome present handicaps; and deal effectively with future y problems that may result from the use and development of land within their jurisdictions. Through the process of comprehensive planning, it is intended that units of local government can preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and other requirements and services; and conserve, develop, utilize, and protect natural resources within their jurisdictions. CL 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the legal status set out in this act and that no public or private development shall be permitted except in eC� conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in CL conformity with this act. i 0 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal development of the area that reflects community commitments to implement the plan and its elements. These principles and strategies shall guide future decisions in a consistent manner and shall contain programs and activities to ensure comprehensive plans are implemented. The sections i of the comprehensive plan containing the principles and strategies, generally provided as goals, objectives, and policies, shall describe how the local government's programs, activities, and land LO development regulations will be initiated, modified, or continued to implement the comprehensive plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing regulations in the comprehensive plan but rather to require identification of those programs, c44 activities, and land development regulations that will be part of the strategy for implementing the comprehensive plan and the principles that describe how the programs, activities, and land development regulations will be carried out. The plan shall establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of more detailed land development and use regulations. BOCC SR pg. 31 File No.2020-145 Packet Pg. 2192 Q.1.d 163.3177(6)(b)4., F.S. — At the option of a local government, an airport master plan, and any subsequent amendments to the airport master plan, prepared by a licensed publicly owned and operated airport under s. 333.06 may be incorporated into the local government comprehensive plan by the local government having jurisdiction under this act for the area in which the airport or projected airport development is located by the adoption of a comprehensive plan amendment. In the amendment to the local comprehensive plan that integrates the airport master plan, the comprehensive plan amendment shall address land use compatibility consistent with chapter 333 regarding airport zoning;the provision of regional transportation facilities for the efficient use and E operation of the transportation system and airport; consistency with the local government transportation circulation element and applicable M.P.O. long-range transportation plans; the a. execution of any necessary interlocal agreements for the purposes of the provision of public _ facilities and services to maintain the adopted level-of-service standards for facilities subject to concurrency; and may address airport-related or aviation-related development. Development or CL expansion of an airport consistent with the adopted airport master plan that has been incorporated into the local comprehensive plan in compliance with this part, and airport-related or aviation- related development that has been addressed in the comprehensive plan amendment that incorporates the airport master plan, do not constitute a development of regional impact. Notwithstanding any other general law, an airport that has received a development-of-regional- impact development order pursuant to s. 380.06, but which is no longer required to undergo development-of-regional-impact review pursuant to this subsection, may rescind its development- of-regional-impact order upon written notification to the applicable local government. Upon receipt by the local government, the development-of-regional-impact development order shall be deemed rescinded. U) 163.3194, F.S. — (1)(a) After a comprehensive plan, or element or portion thereof, has been adopted in conformity with this act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such plan or element shall be consistent with such plan or element as adopted. (b) All land development regulations enacted or amended shall be consistent with the adopted comprehensive plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. If a local government allows an existing land development regulation which is inconsistent with the most recently adopted comprehensive 0 plan, or element or portion thereof,to remain in effect,the local government shall adopt a schedule CL for bringing the land development regulation into conformity with the provisions of the most recently adopted comprehensive plan, or element or portion thereof. During the interim periodCL i when the provisions of the most recently adopted comprehensive plan, or element or portion thereof, and the land development regulations are inconsistent, the provisions of the most recently adopted comprehensive plan, or element or portion thereof, shall govern any action taken in regard to an application for a development order. i 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory authority.—It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented, in part, by the adoption and enforcement of appropriate local regulations on the development of lands and waters within an area. It is the intent of this act that the adoption and i LO enforcement by a governing body of regulations for the development of land or the adoption and enforcement by a governing body of a land development code for an area shall be based on, be ' related to, and be a means of implementation for an adopted comprehensive plan as required by this `CD V cv act. BOCC SR pg. 32 File No.2020-145 Packet Pg. 2193 Q.1.d VI. PROCESS N Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the Planning Commission, the Director of Planning, or the owner or other person having a , contractual interest in property to be affected by a proposed amendment. The Director of Planning shall review and process applications as they are received and pass them onto the Development Review Committee and the Planning Commission. E 0) The Planning Commission shall hold at least one public hearing. The Planning Commission shall review the application, the reports and recommendations of the Department of Planning & Environmental Resources and the Development Review Committee and the testimony given at ._ the public hearing. The Planning Commission shall submit its recommendations and findings to 0 CL the Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff recommendation, and the testimony given at the public hearing. The BOCC may or may not recommend transmittal to the State Land Planning Agency. The amendment is transmitted to State Land Planning Agency, which then reviews the proposal and issues an Objections, Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has 180 days to adopt the amendments, adopt the amendments with changes or not adopt the E amendment. cc, VII. STAFF RECOMMENDATION Staff recommends approval of the proposed amendment. y VIIL EXHIBITS a A. Executive Summary of the Key West International Airport, Airport Master Plan Update (2015- 2035). z� B. Excerpt from the Key West International Airport, Airport Master Plan Update outlining proposed airfield improvements. CL C. Executive Summary of the Florida Keys Marathon International Airport, 2020 Master Plan a Update. i c. D. Excerpt from the Florida Keys Marathon International Airport, Airport Master Plan Update outlining proposed airfield improvements. 0 E. Excerpts from Chapter 332, F.S. (Airport Law of 1945). F. The Airport Department comprehensive plan text amendment application (File #2020-145). G. Permit Referral Process Species Assessment Guides for the Eastern Indigo Snake, Tree cactus, 0 and the Tree snail. i H. U.S. Department of Transportation, Federal Aviation Administration, Finding Of No Ui Significant Impact And Record Of Decision on the Environmental Assessment for Taxiway LO Extension, Apron Expansion, and Security Fencing Improvements at the Key West International Airport. � N U BOCC SR pg. 33 File No.2020-145 Packet Pg. 2194 Q.1.e Exhibit A Executive Summary of the Key West International Airport, Airport Master Plan Update: 0 N .N 2 0. 0 CL X LU i2 CL LU BOCC SR File No.2020-145 Packet Pg. 2195 Q.1.e 0 N L. ® ® ® ®maCL W q V m CL LU "� Packet Pg. 2196 ------------------------------------------ ----------------------------------------- ------------------------------------------ ----------------------------------------- ------------------------------------------ e ------------------------------------------ ----------------------------------------- ------------------------------------------ Table bf"CQ11'ke----------------------------------------- ------------------------------------------ ----------------------------------------- ------------------------------------------ ------------------------------------------ ----------------------------------------- ------------------------------------------ ------------------------------------------ ----------------------------------------- rltS i�i ii iYiil�!`!!i! ii'!i!� ilii'ii•i iiiiA ii!! iiil�ii}iliii�i#!#uYi«i YQli4 ii llliiii iA�i 1�! 2' 3 } } � {� R i The Ma;b r ■Q lahi • ������}i r�tli li ii lili Mi 11 iM�l,iil!!i �i!!-!lM li iR�i�i! ! iMitl Kiiiiii it iil�l Aii l,i i iMi,i�li�M! � • } S } I I } ! } future Avis ion Qenna1 } . ii#I"ikffi ii/>AWi" r!i}M4M"!#! iiiklii MR�kliili!{�•i li 11 i,MMMi M#lM1i MM!!!�#+li ii •"il iiili • } np16ned P MOnger� c�recast., i;lii..i! (i,i ! •�i li;l�t�r■ liiitii�i`ll��sii rI �i�ilil�iY�i.l��lit+s�4ii�# � � � , 1 " i Ait/'� c,raft, 1 1" ' 11 r 1}111Yai".�i(RfYi11"�"M II Ili i;M�l.Ri'iJ�i�MlR1111111Ml iMMia�l l�iM�M lM iflRlli�i ll�Mi 1lR I(i/}ili}�i/1! � 4qurements 6 } 7 ■Qrp � �I�pn �� n 11 • ilia 4i IYII,Mili ii MiMi iMiillliiil�iRili/ikMki i}1�ii'.Miii�iM it ii1111I1111 i1i�! �� # " Ptograrn Phasing > > 12 i1K.i!li ii ri lei li i�i ii Ki i'!iwli�! IJFMi i�1• � lilli}Iiiiil(!�ilMYi;riYY r'iAtMllir�ii�li i'i!i!'i ii li!l+xL.ii Financial Plan y , 13 • il Dili}�MMi iA(liii •�iiii ii`�i lAfiii Yi�ii Mliliil�i lts ii ii�il Ml ii ii!........ `lliM�ilrili ii 4 ij } E,n ironmehk r ��YY �I/11ri iMMi�Mii'ii MM lAi i+l}if illRi!'llk ii�i 'ii`iil liialilMl�iM ii ii ii Rfil iiAi iii(Ri l"!!#if Ai iAl 5, . } 2 �b l k INTRODUCTION Key West International Airport (EYW or the Airport) is the southernmost airport in the state of Florida and in the continental United States. EYW is located 160 miles southwest of Miami via State .' Road A1A and serves as the primary commercial 4,.a Y, service airport for the Florida Keys f, Originally operating as a military base during � World War II, Monroe County (the County) % FL0, e 0A'' � purchased the Airport in 1953 and later constructed the first passenger terminal. The ' facility plays a vital role in providing tourist access to Key West and several other Florida Keys. " The Airport's Master Plan Update (MPU) presents a framework for the development of EYW to meet the long-term air transportation needs for the Florida Keys. This summary highlights key elements of the plan's recommended CL development program; it is designed for Ong stakeholders to gain an overview of the major 01 c issues addressed in the detailed MPU. While the Master Plan is a visionary document that sets out a KEY WEST INTERNATIONAL AIRPORT LOCATION 'road map' for the sustainable growth of the Airport, it is not an approval for any specific development or project. In addition, time frames for the projects shown in the plan are flexible and demand driven. The County will periodically update the plan to verify its compatibility with ,r aviation industry and local development trends. THE MASTER The objective of the master planning process is to allow orderly development utilizing the framework of local, regional, and national economic as well as transport plans, while protecting the environment. The master planning process typically defines the airport facilities need and when development will be needed. The Federal Aviation Administration (FAA) recommends airport master plans to be updated every five (5)years, or as necessary, to keep current. EYW's last master plan update was published in 2003. Since that study, growth and development have occurred, not only in the Key West community but also in the aviation industry. Some of the LU changes that have occurred at the Airport include: the operations of larger aircraft, including narrowbodyjets, such as Boeing 737; a significant increase in passenger demand; the completion of a two-level passenger terminal; the m installation of an Engineered Materials Arresting System (EMAS) on both runway ends; the construction of an automobile parking garage; and the acquisition of additional property. This MPU was prepared under the direction of the Monroe County Department of Airports, with input and assistance from representatives of the airlines, U.S. Customs and Border Protection (CBP), Air Traffic Control, the fixed-base operators (FBOs), the FAA, the Florida Department of Transportation (FDOT), and the Monroe County Board of County Commissioners. Packet Pg. 2198 Q.1.e tl�:� }Sill{1 t }`�� f �� ?tt vvvvvvvvvvvvivvvi i�,uunl THE MASTER PROCESS continued I V S��1 I}(�I i1�S i�if tl t+yy'£axl�s l��l lit fly !i C1 \����\��(� The MPU updates the 2003 study to reflect new facilities, current �C Crr���t"`�4 forecasts of Airport activity, and new environmental and other b'�'���ittiz regulatory constraints, and it also plans for an appropriate mix of land uses to support projected aviation and non-aviation needs. The MPU was conducted in accordance with FAA Advisory Circular a o [" (AC) 150/5070-613, Airport Master Plans, and the FDOT's Guidebook a for Airport Master Planning. The MPU also relied on guidance from a other relevant FAA ACs and Orders, publications from the Airport m Cooperative Research Program (ACRP), Transportation Security Administration (TSA) regulations, and other aviation industry publications. It outlines a plan for the provision of future facilities to accommodate the forecast passenger and aircraft demand. This plan 21" also ensures short-term actions and recommendations do not 4=,, preclude long-range planning options. The MPU process commenced in February 2016, and the aviation > activity forecasts were completed in July 2016 and approved by the FAA in August 2016. The final technical analysis for the MPU was }tl1 completed in June/July 2018. After stakeholder review, the final �0 „' lr technical report and an Airport Layout Plan (ALP) drawing were CL presented to the Monroe County Department of Airports in August U 2018. In addition, through the duration of the study, three (3) public ht meetings took place in November 2016,January 2018, and June 2018. �C E THE MASTER PLAN PROCESS > - .�I��ijf '0111 � ''�"i't�1l`\;� git'1 its➢V `82`•�43\ :'�� 0 r_'i�� � �i�, ���2s, 2 t, '�_"+r`r E��i) yY C. FAA Review and Approval � 4,4:n+ M }, .F+ x Design Aircraft Critena Altrlate Demand ari find ofTrfi restrictions with Cuba) 3 Joint Use Evaluation s }u.n d}u 4 d}I'll.n4th}d}u�n4�. 4 Su5tauia dity` ]njtjatll e (S�staina dity Fran '+�5a'k imphfwd Pecychnga Reuse and Write R duct= Plan) Packet Pg. 2199 4 ' KIR III {y A r 2 L . ir1 C V N � Y x r ,, r>•4�K'���e ter' � FUTUREI TI Forecasts through 2035 were developed and + National economy and trends approved by the FAA for enplaned passengers, + Airline industry trends includingmergers aircraft operations, and aircraft fleet mix. These forecasts and projections provide the basis for and acquisitions determining facility requirements and for performing + Operational capacity of the national the financial and other analyses necessary to update airspace system 0. the Airport's Master Plan. — The forecasts, prepared in 2016, utilize calendar year + Competing airports CL 2015 as the base year, which is the latest year for Actual activity levels may vary from the forecast which complete passenger data is available. While due to unforeseen events or changes in the 2015 serves as the forecast base year, to most operational characteristics of the Airport or accurately represent the current state of the Airport economic or political uncertainties. In addition to W at the time of the MPU's preparation, airline schedule the baseline forecasts, alternative forecast data from 2016 is considered. scenarios are developed to account for potential changes in air service patterns during the The aviation activity forecasts are based on planning period (2015 through 2035). This assumptions about aviation activity in the Key West included scenarios that accounted for the market area, as well as based on other factors that introduction of new nonstop service and may affect future aviation demand at the Airport, potential recession events. including: Enplanernent Passenger Forecast Throughout the last decade, EYW has been characterized by a fragmented market share, with nonstop air service provided to the hub airports of the various airlines serving the Airport and to several regional y markets. Traffic at EYW is largely origin and destination (O&D), and it primarily consists of visiting or nonresident passengers. It is expected that over the forecast period, EYW will continue to operate primarily as an O&D airport and that passenger demand growth will be accommodated by airline seat capacity and frequency growth mainly to and from existing nonstop destinations. Demand growth is expected to materialize because of LU socioeconomic demand-related market forces, both in top destination markets from the Airport and in the broader United States. The forecasting analyses provided multiple growth scenarios based on market share and regression methodologies, which are traditional forecasting models used in aviation planning. From these various < growth scenarios, a preferred or "base" enplaned passenger forecast was selected and used for further analysis. For the period from 2015 to 2035, enplaned passengers were forecast to increase at a Compounded Annual Grow Rate (CAGR) of 2.4%to reach 580,474 in 2035. Packet Pg. 2200 Q.1.e EMPLANED PASSENAGER (ANNUAL) 2oi6 Forecast A r r� A nv rowilt: 700,,000 600.000 - 2.4% N M „ C- 400,000 m .... . .._.._ . ..._ . Q. 300,000 m� cot o _ ... ... . . .. _.. .. ; e t SJ. ... ,,.. .., .v... ..,. .., .. ,....._, .. _ , _ 0 ul� ,v t 0 �a �� s tP,, 'Ct r.< o) 0) O H rx rn r .ry "D r-. aa;, fir, ..0 _.-�, rv.,.«. r,.-�" � �. ro 3 0 j 1 ^� �v rw «� H w H r e� e '4 w ry '� ra u' ra � r,a r+F, a'*-i rya �' rr; n�°s c 0 0 0 0 0 0 in7 0 C� 0 6 0 0 0 0 o 0 0 0 0 +,,` Gi Cr,. �`i �'3 �-` �.+ � C7 � C 'A N N N ",. N fd•. f*1 V'J N N ng r'J J^k N N N N N N N r-4., N 4`^ fit rA N N N N -r. •® CalendarY ar CL KIIIIIIIIIIIIII Historical —Low Passenger Growth High Passenger Growth Base Passenger Growth tJ 6Y 0 Note:1/Scheduled departing seats are expected to increase 6.8%in 2016 from 2015,mostly on carriers with high historic load factors.Total scheduled departing seats in 2016 are expected to be near 2013 levels,when the Airport had its most enplaned passengers. SOURCES:U.S.DOT T-100,March 2016;FAA 2015 TAF,March 2016;Ricondo&Associates,Inc.,March 2016(analysis). W PREPARED BY:Ricondo&Associates,Inc.,June 2016. C Aircraft Operations Forecast Operations across all aircraft categories are forecast to grow by 1.3% over the forecast period, through 2035. > Growth is more heavily weighted in the shorter term, primarily due to passenger airline operations growth as airlines are expected to accommodate growing demand in that period through higher frequency of service. Later in the forecast period, passenger airline operations are expected to grow at a slower rate, mostly due to the use of larger aircraft. CL Air carrier or passenger airline PASSENGER AIRLINE OPERATIONS (ANNUAL) operations are forecast to increase from 18,651 in 2015 to 24,498 in 2035. This increase results in a CAGR of 1.4%. As passenger demand increases, it is s: expected that airlines will add flights on larger aircraft to hub destinations. Overall, the forecast proportion of ` operations on small or medium narrowbody aircraft with 101 to 150 seats is expected to be approximately 26.0% in 2035, up from approximately 14.0% in 2015. Similar to the short- and medium- term periods, average load factors are forecast to remain constant between 77.5% and 78.0%, as airlines are not expected to add capacity beyond the demand in the market. Packet Pg. 2201 6 Air taxi operations are forecast to GENERAL AVIATION OPERATIONS (ANNUAL) increase from 4,880 in 2015 to 6,693 in 2035, resulting in a 1.6% CAGR. ,gh General aviation (GA) operations G e are forecast to increase from 28,612 1,TX61 in 2015 to 36,321 in 2035, resulting ,, in a 1.2% CAGR. : 1.r" .2 u Annual all-cargo operations are forecast to grow from 729 in 2015 to 1,247 in 2035, representing a CAGR � of 2.7%. v SOURCES:U.S.DOT T-100,March 2016;FAA 2015 TAF,March 2016; a _ Ricondo&Associates,Inc.,March 2016(analysis). N PREPARED BY:Ricondo&Associates,Inc.,June 2016. 2 FACILITY REQUIREMENTS x;l „� , E The demand/capacity analysis for the MPU indicated the capacity required in the Airport facilities to meet CL future demand conditions, which was based on forecast air traffic and other demand characteristics, as well as the extent to which existing facilities need to be expanded or upgraded. This MPU offers the following set of recommendations for implementation through the 2035 planning horizon and beyond. The recommendations are based on the analyses undertaken through the course of the forecast �- and the results of Airport stakeholder consultation. The recommendations are separated into five main categories: airfield, passenger terminal, landside, general aviation, and airline/Airport support facilities. The requirements evaluation of the existing airfield showed the existing runway provides sufficient airfield capacity to accommodate the number of forecast operations through the planning horizon, without causing significant aircraft delay. However, several airfield improvements are recommended to comply with FAA design standards. The expansion of the commercial terminal apron and the construction of an overflow aircraft parking ramp are also recommended to accommodate additional aircraft during peak periods and irregular operations. CL RELATIONSHIP OF DEMAND, CAPACITY,AND DELAY(BASELINE FORECAST) v, 350,000 r 4.50 4,00 300,000 ,. Delay TFi esGlolrt . 3.50 250,000 - 00 Average relay per Aircraft CL Operation(millUtes) 200,000 ---------- _ - 2.50 I Annual Demand and 150.000 .,,, 200 1.50 Annua,G Service 1laluflie Range 100,000 1 7.00 50,000 `. Delay Threshold(4 ininutes) 0.150 tD �r.... �� 0.00 2015 2020 2025 2035 Year Note:1/Minutes of delay reflects runway component only. SOURCES:Federal Aviation Administration,Advisory Circular 150/5060-5,Airport Capacity and Delay(Change 2),December 1,1995;Ricondo&Associates,Inc.,August 2016. PREPARED BY:Ricondo&Associates,Inc.,August 2016. Packet Pg. 2202 Q.1.e Programmed requirements for passenger terminal automobile parking lot; the relocation of the facilities focused on the number of aircraft gates and Greyhound bus stop and associated office; and the the passenger terminal building. A new airside rearrangement of the existing vehicle curb to terminal, providing an additional 7,000 square feet of provide additional parking for taxicabs, commercial holdroom space, is recommended. This second floor vehicles, and public buses. Additional public parking holdroom would support the parking of six jet capacity will be needed as passenger levels grow. aircraft near the terminal that can be accessed via Thus, a new parking facility will be required. a passenger boarding bridges. The existing landside Additionally, a consolidated rental car facility is ... building needs to be expanded by a minimum of recommended to increase the number of ready lot 1,800 square feet to allow for the expansion of the spaces available and to free up spaces for additional existing passenger security screening checkpoint. employee and/or passenger parking. 0 Finally,the existing airside terminal building needs to General aviation development will be driven by the be expanded to provide additional outbound long-term need to separate GA operations from ; baggage makeup area for cart staging; to large commercial aircraft operations, as well as the S accommodate a new domestic baggage claim device desire to develop new facilities. GA facility in the western portion of the existing holdroom; and requirements include the need for additional apron m to modernize the rental car customer service area in areas, and, possibly, a new expanded FBO terminal. the Arrivals Hall. 0 Recommended landside improvements include the Recommended airline/airport support facilities " realignment of Faraldo Circle to allow the roadway include the construction of a consolidated airport Nu to maintain two (2) lanes along its entire length; the maintenance facility, the demolition of the former construction of a new FBO/GA facility access NWS balloon facility, the construction of a new ; CIL security fence along the north boundary of the roadway to provide a direct connection between Airport, the relocation of a service road, and the 0 South Roosevelt Boulevard and the existing FBO replacement of the existing airport beacon. LIb � �a� «�'�� � U) PROPOSE® DEVELOPMENT PLAN '��tl1��S���1U�ty�tl is�U � i,ii kl r4 tt(i One of the goals of the master planning process is � � �S�st l; ,t 1 ; ��'���yy� '�'�s't��'t�� �,� i� ,,, u.o to identify the best options available for meeting the future development needs at EYW. Based on the - ' t tCIL results of the analysis and coordination with the County, Air Traffic Control, the FBOs, and CBPr representatives, a recommended Airport development plan was selected. The recommended development plan for EYW is "Y graphically depicted on Page 10. This development , plan provides a vision for the growth and development of the Airport over the next 20 years, LU and it establishes a framework for the development of EYW facilities. However, it is not an approval for any specific development or project. Actual development may not mirror what is shown on the development plan due to factors such as changing demand, funding availability, or future '°�11��� environmental constraints. The Airport development plan consists of projects in the following categories: rr. �.. �. Packet Pg. 2203 8 Airfield Proposed airfield improvements are as follows: + Taxiway A Rehabilitation, Geometry Improvements, and Lighting: The age of the pavement combined with the increased traffic and aircraft size has resulted in the pavement showing signs of distress and being a potential generator of foreign-object debris on the taxiways. The rehabilitation of the pavement will include a mill and overlay. Improvements to the pavement geometry along Taxiway A are needed to comply with FAA design standards. Geometry improvements include widening the Taxiway A connectors to allow for cockpit-over-centerline taxiing; removing excess pavement at both the Runway 9 and Runway 27 entrances from Taxiway A; and installing a no-taxi island south of Taxiway C to prevent direct access from the apron to the runway. Rehabilitation of the taxiway lighting system includes the replacement of taxiway edge light fixtures, isolation transformers, and circuitry back to the airfield lighting vault. + Taxiway 'A' Extension: Taxiway A will be extended to the west to provide access to the runway end. A full- length parallel taxiway will provide additional takeoff runway length without back taxiing on the runway. N + Commercial Apron Expansion: Expanding the commercial terminal apron is necessary to accommodate additional aircraft during peak periods and during irregular operations. This apron will also be used to park large GA aircraft that the existing GA apron cannot accommodate. In addition, an expanded terminal apron will allow for aircraft utilizing the existing easternmost apron parking positions, and aircraft utilizing the 0. future designated CBP parking area, to power-in and power-out, rather than utilize an aircraft tug. The commercial apron expansion will also provide additional capacity during the expansion of the terminal. CL + Overflow Aircraft Parking Ramp: This project consists of the construction of approximately 29,000 square yards of ramp to provide additional aircraft parking positions. This ramp will be used to park aircraft that cannot be accommodated on the existing apron areas. + Taxiway D Relocation: This project provides for the relocation of Taxiway D 150 feet west to mitigate the W direct access from the apron to the runway (in compliance with FAA AC 150/5300-13A). + Runway 27 Bypass Taxiway and Safety Improvements: The extension of the runway by 200 feet to the east would allow for the construction of a bypass taxiway to help mitigate potential delay at the Runway 27 end. This project also includes the construction of an Engineered Material Arresting System (EMAS) to provide a level of safety that is generally equivalent to a full RSA built to the dimensional standards in FAA AC 150/5300-13A,Airport Design. CL LU Lamm 'EMM N�Nmw N s s q W k p R Packet Pg. 2204 Q.1.e Passenger Terminal + Public Parking Lot — Surface Parking (Phase 1): Terminal Expansion and Renovation: A second- This project consists of the planning, design, floor concourse to the north of the existing terminal and construction of a new public parking lot facility is proposed. This concourse will and/or garage with approximately 150 parking accommodate new holdrooms, concession spaces, spaces. The location of the proposed public restrooms, and six boarding bridges, and it will parking facilities will be established once the connect the existing landside terminal and the location of the CONRAC facilities is set. a proposed building via the existing departure bridge. Airline/Airport Support Facilities o The existing terminal will be improved and renovated to meet forecast demand with the + Consolidated Maintenance Building: This N addition of a new baggage claim, an expanded project includes the consolidation of all Airport baggage makeup area, and the creation of a maintenance facilities into one building, which turboprop holdroom. An 1,800-square-foot will be constructed as an extension to the west extension of the existing passenger processing side of the existing employee parking garage. S building will be added at the security screening This site will be built above the stormwater µ checkpoint to accommodate a new security retention area to avoid impacts to the retention checkpoint lane. area. 0 Landside + Former National Weather Service (NWS) ca + Terminal Arrivals Curb Modifications: This Balloon Facility Demolition: This project includes the demolition of the former NWS ? 0 project consists of improvements to Faraldo Balloon facility which is currently located within a. Circle to maintain two (2) lanes through the the Runway 9-27 Runway Object Free Area terminal core and to eliminate the existing (ROFA). o merge lane. This project also includes modifications of curbsides and landscaping, as + New Perimeter Fence: The project includes the well as 1,334 square yards of pavement construction of a new Air Operations Area construction and restriping. (AOA) fence along the north Airport boundary GA Area Access Road: This project consists of (including earthwork and infill of the salt ponds and wetland areas). This project would also the construction of a new access roadway to a, include the removal of the existing fence > the GA area and Airport support facilities directly from South Roosevelt Boulevard. In located within the Runway Safety Area (RSA), as well as environmental reviews and approvals. addition, this project will eliminate two (2) LU existing access points on S. Roosevelt } Vehicle Service Road Relocation: This project Boulevard and will provide dedicated access to provides for the relocation of the service road CL the existing Department of Motor Vehicles from located south of Taxiway 'A' and west of the the newly constructed roadway. This project existing GA ramp. Specifically, the service road would eliminate trips on the arrival curbside will be relocated outside of the runway and roadway generated by fuel tankers and waste taxiway object free areas in compliance with management trucks, improving safety and FAA airport design standards, as stipulated in security at EYW. Advisory Circular 150/5300-13A. + Bus Station Relocation: This project involves >} Replace Existing Airport Beacon: This project relocating the bus pickup/drop-off currently includes the replacement of the existing LU leased to Greyhound, as well as the associated airfield's rotating beacon, pole, and foundation. office at the Airport. The existing beacon has reached the end of its + Rental Car Facilities — Phase 1: This project serviceable life and it is not easily maintained. The existing beacon will be replaced with a includes the planning, design, and construction beacon and pole system to allow for of a consolidated rental car (CONRAC) facility. maintenance to occur without the need for the The location of and concession program for the EYW to rent a boom truck. proposed facilities will be defined as part of the planning phase for this new CONRAC facility. Packet Pg. 2205 t � al 155 - v}i"`S) MAI yt k j r }$ { r�✓`;3 rmxv t ) _ 1 _t '�ta �'`e sl r r; r '1ki&,Ss;i4 r ♦ m,r x �€rfi�, ,- .� r dlM, tz P ki ),» �� '' =s �r 5 �`r >� t f �,,P d � 0 },i• ,I ;'� -�� t y 1� ' 4x= `Ftit�r rr+�+���,tl t S` � ;�, � � `"� �� I z'I� � �_ �''•� t��,� rr� ' , � 1401 5 i 1t s i s,� tt� �� {��{ k �� �I d' rr r 4 4 r 'a- - yyS��}S»lt Ott# ' '� ,y'�' ;�t" Su r�, k Sl� U rl\�trt ;SY Y '%s ��„ -v �r m !-� S,� `> {}t i m s,ts �� at>� 4 rs rt t �sl:` P AR A, A5, i` � �)� d4 � ' 4S Sr ld- �s A09 '" ' I pt., ?r rr Pr A',i 1 c `,i�'S ' � dk d >" � 4 � # I U � 1 ��,:.�,,� ,4 klk cqg d T, t(m r f F i 12 9 PROGRAM PHASING The purpose of each periodic update to an airport's master plan is to assist in the development of 5-year, 10-year, and 20-year capital programs for the Airport. This information is used to work with the FAA and the FDOT to formulate short-range and long-range funding plans. The proposed Capital Improvement Program (CIP) for the Airport include airfield, landside, and other general airport improvements necessary to accommodate forecast aviation activity and to address the County's development goals for EYW. Actual growth and requirements for the delivery of Airport infrastructure and capacity development are N dependent on economic and industry trends, initiatives, and global influences. This is not expected to affect the development strategies presented in this MPU; however, it will affect the timing of investments in elements of the plan. The general order of priority for the implementation of these improvements, based on forecast Airport activity growth, has been divided into three phases: _ N Short Term - Present to Fiscal Year(F1) 2023 + Environmental Assessment—Taxiway'A', + Taxiway'A' Rehabilitation, Geometry Commercial Apron Expansion, Overflow 0. Improvements, and Lighting — Design and Aircraft Parking Ramp, and Vehicle Service _ Construction Road Relocation CL + Former NWS Weather Balloon Facility Demolition Intermediate Term -FY2024 to FY2029 • Taxiway'A' Extension— Design, Permitting, + Public Parking Facilities (Phase 1)— Design and Construction and Construction • Terminal Arrivals Curb Modifications + Security Screening Checkpoint Expansion • General Aviation Access Road —Construction + Terminal Expansion and Renovation — ) Construction (Phase 2) + Bus Station Relocation + Terminal Expansion and Renovation — + Rental Car Facilities Phase 1 — Planning and Construction (Phase 3) Programming + Overflow Aircraft Parking Ramp Expansion CL + Commercial Apron Expansion— Design, Phase 2— Environmental Assessment and Permitting and Construction Design + Overflow Aircraft Parking Ramp (Phase 1) — + Airport Master Plan Update Design, Permitting and Construction + Vehicle Service Road Relocation Long Term - FY 2030 to FY 2035 Consolidated Maintenance Storage Area — + Overflow Aircraft Parking Ramp Expansion Design and Construction Phase 2—Construction + Terminal Expansion and Renovation— Design + Taxiway D Relocation and Construction (Phase 1) + Runway 27 Bypass Taxiway and Safety + New Perimeter Fence Improvements + Replace Existing Airport Beacon Note: The above lists only include key projects and des not include the Noise Mitigation/Sound Insulation Program. Packet Pg. 2207 Q.1.e FINANCIAL PLAN A financial plan was developed to determine the financial feasibility of implementing the proposed CIP. ig Separate from the projects recommended in the MPU, the County plans to undertake several additional projects. The proposed MPU projects were combined with projects included in the existing CIP to develop a Mr 0 total long-term CIP from CAPITAL IMPROVEMENT PROGRAM IMPLEMENTATION :} which to assess the financial c COST BREAKDOWN - BY TIMEFRAME feasibility of the proposed development plan. The cost Long-Terra of the projects included in 16,080"000 #<, 103% the recommended CIP for the Airport totals over $150 Intermediate-Ter million. $14,490,000 N The proposed funding �.6° P P g TOTAL AIRPORT strategy for the DEVELOPMENT ` recommended development PROGRAM plan includes a variety of $150,630,000 funding sources. The proposed funding does note _ ,0 include using any local tax _ Short-Term � c- dollars. Actual financing `� 1279.7% 0 strategies used will be k 0 determined as m Sfrori TaPPir`i v In ter i isS!�""iUie 1r„'r'r's Lorig-T12r'era Implementation approaches. SOURCES:Monroe County Department of Airports,March2019. PREPARED BY:Ricondo&Associates,Inc.,March 2019. Federal Grants operators in two ways: entitlement grants and The primary source of FAA-related funds is the discretionary grants. Entitlement grants are 0) Airport Improvement Program (AIP). Funds distributed based on the number of enplaned obligated for the AIP are drawn from the Airport Passengers served at airports on an annual basis. and Airway Trust Fund, which is supported by user Discretionary grants are distributed for individualLu fees, fuel taxes, and other similar revenue sources. projects based on funding availability and the Funds deposited into the Airport and Airway Trust Priority of projects at airports nationwide. CL Fund are distributed to eligible airports throughout Approximately $71.3 million in escalated project the United States and its territories through FAA costs are expected to utilize funding from the grants under appropriations limits established by federal entitlement and discretionary programs. y Congress. State Grants In general, airport sponsors can use AIP grants for The Airport is included in the Joint Automated most airfield capital improvements or repairs. AIP Capital Improvement Program, a coordinated grants cannot be used for exclusive-use areas in process between the FAA and the FDOT to plan terminals, revenue-producing areas of terminals, airport capital improvements and expenditures. If Lu hangars, or non-aviation development. Any the project receives federal funding, then the FDOT professional services that are necessary for eligible is expected to contribute approximately 5 percent projects, such as planning, surveying, and design, of the funding. The FDOT will provide up to 80 are also eligible; however, operating expenses percent of the funding for most non-FAA- associated with AIP projects are not eligible. supported airport development projects; however, Aviation demand at an airport must justify the only 50 percent funding is provided if the project is projects, which must also meet federal directly related to economic development. environmental and procurement requirements. The Approximately $7.2 million in escalated project FAA distributes grants under the AIP to airport costs are expected to receive state funding. Packet Pg. 2208 14 Passenger Facility Charges (PFC) Revenues Passenger Facility Charges (PFC) revenues may be used on a "Pay-As-You-Go" (PAYGO) basis or leveraged to pay debt service on bonds or other debt used to pay for PFC-eligible projects. Because airport sponsors may use PFC revenues for the local matching share of AIP grants, PFCs can help airport sponsors implement AIP- financed projects sooner than they would be able to otherwise. PFCs may be used for any AIP-eligible project; although, PFC eligibility is generally broader than AIP eligibility. A total of approximately $6.2 million of future CIP projects were assumed to be funded on a PAYGO basis. In addition, PFC revenues were assumed to be used to pay debt service on bonds for certain PFC-eligible projects. Revenue Bond Proceeds N Proceeds from the issuance of General Airport Revenue Bonds (GARBS) and PFC Bonds can be used to fund projects included in the CIP. Future GARB and PFC debt service associated with the CIP projects are estimated based on industry standards over a bond term of 30 years.Approximately $21.0 million of CIP project costs are assumed to be funded with GARBS, and approximately $26.3 million of CIP project costs are assumed to be N funded with PFC Bonds. Sponsor Funding/Local Share 2 The net remaining amount of funding required for the CIP will be derived from the County's revenues or other 0. sources. The County's revenues are typically generated through user fees charged for the facilities and the _ services provided. These user fees are typically established by Airport management based on market conditions in the area. Approximately $18.7 million in escalated project costs are expected to be funded with CL local funds. 0 CAPITAL IMPROVEMENT PROGRAM FUNDING SOURCES x PAA ntit9ernonts N FAA Di5crotionary NFDOTGrants PFC Paygo Airport Funds GARB PFC Bonds CL _ L ut 'r I i tFi R, Notes: 1.Total does not add up to 100%due to rounding. 2.FAA-Federal Aviation Administration,FDOT-Florida Department of Transportation,and PFC-Passenger Facility Charge SOURCES:Monroe County Department of Airports,March 2019. PREPARED BY:Ricondo&Associates,Inc.,March 2019. Packet Pg. 2209 Q.1.e ENVIRONMENTAL OVERVIEW A general overview of the potential environmental consequences and environmental review requirements , associated with the CIP projects recommended as part of the preferred development plan for the Airport was conducted as part of the MPU. Potential impacts associated with such development projects typically O include consideration of areas exposed to significant levels of aircraft noise, as well as areas where the ground would be disturbed due to the development of the projects themselves. .� Based on the recommended development plan for the Airport, the following potential environmental N impacts have been preliminarily identified. Prior to project implementation, the potential environmental effects of these projects will need to be reviewed in accordance with National Environmental Protection Agency (NEPA) requirements and implementing guidance in FAA Orders 1050.1 F, Environmental Impacts: Policies and Procedures, and 5050.413, National Environmental Policy Act (NEPA) Implementing Instructions `i for Airport Actions, or the latest versions of those Orders at the time of environmental processing. 4„ A project is considered ready for NEPA evaluation when the construction is expected to be initiated within a few years (i.e., construction should begin within 3 years of the FAA's issuance of a finding). The level of > environmental documentation required for a proposed action depends on the type of project(s), the It",4' 0. potential environmental effects of the project(s), and the types of environmental resources that could be `` — affected. 0 POTENTIAL ENVIRONMENTAL IMPACTS. ' U 6Y RESOURCE CATEGORY POTENTIAL IMPACT O Water Resources Wild and Scenic Rivers Not Applicable , Construction projects with potential impacts include the Taxiway A extension,the Runway 9 E south and west apron expansions,the hangar expansion,the bus station relocations,the public parking expansion,the commercial ramp expansion,and the new runway exists. National Environmental Protection Agency(NEPA)evaluation and coordination with U.S. Wetlands Fish and Wildlife Service(USFWS)recommended. > Coordination may be necessary with the City of Key West and the Federal Department of Environmental Protection to ensure water quality standards are not affected by future Air- Surface Water Quality port development. The entire Airport is referred to as inundated by 100-year flood zones"AE and WE"with Floodplains velocity hazard(wave action). CL Department of Transportation Act, Section 4(f) None Farmlands Not Applicable Temporary impacts related to construction. Necessary permits should be obtained,and Air Quality Best Management Practices should be implemented. Historical,Architectural,Archeologi- cal Resources,and Cultural Re- sources None X Biotic Resources(including fish,wild- Activities that involve federal permitting must determine if a proposed action under its life,and plants) purview would affect a federally listed species or habitat critical to the species. Increased solid waste will be generated during construction.Landfills are located outside of E Hazardous Materials,Solid Waste, Monroe County;however,Best Management Practices would reduce the potential release and Pollution Prevention of hazardous materials. Construction traffic,noise,air pollution,and water pollution would be temporary and re- Construction Impacts quired to be evaluated as part of NEPA analysis. Socioeconomic Impacts None An increased area would be affected by the day-night average sound level(DNL)65 A- Noise and Compatible Land Use weighted decibels(dBA)noise contour due to a modest increase in operational activity. Packet Pg. 2210 Q.1.f Exhibit B Excerpt from the Key West International Airport, Airport Master Plan Update outlining proposed airfield improvements: Airficid Proposed airfield improvements are as follows: N Taxiway A Rehabilitation, Geometry Improvements, and Lighting: The age of the pavernent combined with the increased traffic and aircraft sire has resulted in the pavement showing signs of distress and being a potential generator of foreign-object debris on the taxiways. The rehabilitation of the pavement will include a milli and overlay. Improvements to the pavement geornetry along Taxiway A are needed to comply with FAA design standards. Geometry improvements include widening the Taxiway A connectors to allow for cockpit aver centerline taxiing; removing excess pavement at both the Runway g and Runway 27 entrances � from Taxiway A, and irnstallling a no taxi island south of Taxiway C to prevent direct access from: the apron to the runway. Rehabilitation of the taxiway lighting: system includes the replacernent of taxiway edge light fixtures, isolation transformers, and circuitry back to the airfield lighting vault. Taxiway 'A' Extension: Taxiway A will be extended to the west to provide .access to the runway end. A full- length parallel taxiway willl provide additional takeoff runway length without back taxiing on the runway. CL + Commercial Apron Expansion: Expanding the commercial terminall apron is necessary to accommodate additional aircraft during peak: periods and during irregular operationas. This apron will also be used to parr large GA aircraft that the existing GA apron cannot accommodate. In addition, an expanded terminal apron �- willl alllowv for aircraft utilizing the existing easternmost aproni parking positions, and aircraft utilizing the future designated CRP parking area, to power-in and power-out, rather than utilize an .aircraft tug. The commercial apron expansion willl also provide additionall capacity during the expansion of the terminal. ` - Overflow Aircraft Parking Ramp This project consists of the construction of approximately 29,000 square CL yards of ramp to provide additional aircraft parking positions. This ramp will be used to park aircraft that cannot be accommodated on the existing apron areas. Taxiways D Relocation: This project provides for the relocation of Taxiway D 150 feet west to mitigate the direct access from the apron to the runway tin compliance with FAA AC 150f 5300 13A) ` - Runways 27 Bypass Taxiway and Safety Improvements The extension of the runway by 200 feet to the east would allow for the construction of a bypass taxiway to help mitigate potential delay at the Runway 27 end_. � This project also includes the construction of an Engineered Material Arresting Systern (E 'IAS) to provide a level) of safety that is generalll'y equivallent to a full RSA built to the dinensionall standards in FAA AC 150/5300 13A,:Airport Design m Rased on the recommended development plan for the :Airport, the following potential) environmental impacts have been preliminarily identified Prior to project implementation, the potenitiaf environmental effects of these projects will need to be reviewed in accordance with National Environrnentall Protection, Agency (NEPA) requirements and implementing guidance in FAA Orders 1050.1FF Environmental Impacts: Policies and Procedures, and 5050.4B, National Environmental Policy Act (NEPA) Implementing Instructions LU for Airport Actions: or the latest versioras of those Orders at the ti me of environrnentall processing. LU A project is considered ready for NEPA evaluation when the construction is expected to be initiated within a few years (i.e., construction should begin within S years of the FAA's issuance of a finding). The levell of � environmental docurnentationti required for a proposed action depends on the type of project(s), the potential environmental' effects of the project(s), and the types of environmental resources that could be affected. BOCC SR File No.2020-145 Packet Pg. 2211 Q.1.f POTENTIAL I ONMENT, L IMPACTS RESOURCE CATEGORY P OTE NIT ML VMPACT 'Water Resruurce®: 0.€ . 'rd sctn c Rivers Plat Applicable Construction piI with potential impacts include the—ax.iway A e tension,the Runway 9 e€.r#h and.,e_#ap son eFpansinn-r the has cla e:pans r~,#f :s>,t s#,cap -ekxatrn€-i_;.brae v' public parking expanaian,the corm-nercial ramp expansion,and the new ru vav e.i st:s, National Environmental Pratectiz)n Agency(NE,PA� eValUati=:,n and coordin,-:rb n with El;S, t8 s'V-. !s, d" Fish and Wildlife Service(f-1,S;vVS)recommended, � Coordination may be necessary with the City of Key West and the(Federal Depart€nent of Environmental Protection to ensure water quMAy standards are not affected by fu ure Air- _ S�.iditme'W'mer Q'.4'"M:4' port,deve la pmen t. dN-' The entire.Airpoit is referred to a- inundated by 100-year flood one., and WE'with E FX_e p;a,07- velocity hazard(wave action), cu Department of Transportation,act Section 4(f) None Farmland's Not Applicable 0 Ternporaw ir7pacts related to canstruction. Necessary permits should be obtained',andCL Air Quality Best Management Practices should be implemented. fJ FlictaricaI.A.rrhitertUral Archeologi- cal Re aurcer and Cultural Re- 0. s,aUrr_es None e( Biotic Resources(including fish,wild- Activities that involve federal permitting must deterrnine if a proposed action under its � life,and plants) purview would affect a federally fisted species or habitat critical to the species, InoreaAroi solid , rite will be generated during r.:r_,n--ATUctian.Landfill-,are located cwtvide of FlazardCUS I l ater.als,Solid Waste, Monroe County,hovvevfier, Best Management Practices would reduce the potential relea,e ar,a Pc ll #nn Prevention of hazardnua_,rnaterial-1. Construction t raffac,noilse,an•poIlution,ard water perlIuhon woarid be#emporaryand re- � C'Qrstru-ction I ripa is cluired to be evaluated a,part of NEPA analysis. N Socioeconomic lrnpflacts None An increased area would be affected by the day-night average sound le^.,el fD NQ 66 A.- Noise and Compatible Land Use weighted decibels(dBA)noise contour due to a madest increase in operational activity, � rt _.....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w....w .� 0 x LU LU BOCC SR File No.2020-145 Packet Pg. 2212 Q.1.f h Mgr o Illlllll aicarvoa a V -.6's VA � N f NLl r ,. �� ��C� ✓-„ ,; �a J e� ° � ✓oaf-�� r � Q � Z a< s X � k r a.mx QCL ,>µ.:...... .... 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SHEE740F 13 BOCC SR File No.2020-145 Packet Pg. 2213 Q.1.h Exhibit D Excerpt from the Florida Keys Marathon International Airport, Airport Master Plan Update outlining proposed airfield improvements: To meet FAA design standards.the Master Plan Update 69 r,7, 0 c recommends the following key airfield'improvements: 0 " � Shift Runway 7 25 to the northwest 40 feet to provf.,de a cc tL t: N runway-to-taxiway centerline separation distance of 2409 ` 2016 2v21 2026 sash feet.Runway 7 25 has a width of 100 feet,but it is planned to ;.r,rF j d SC rerr e`. t r e ri_7®_Y .t' _1't,D100 2f�i,a0 20 ,CCr a) be reduced to 75 feet upon completion of the runway shift � .nnp s4 Opera.crii. ? 0T'1, a_49 85'1°:0 l0,'_i0 project In compliance with FAA standards. - ._ N Calendar Year Reconstruct Taxiway C west of its existing location to 0) rnlitlgate dl,reet access from the cargo apron to Runway 7-25. ai:.ri i.dai .,. = r,,c.lr" = A n a ire ale 0Pav'a,c� tO�rr,a dp � 0 Reconstruct Taxiway Btoel'immate wide expanse of EOdblt I r Ainn a C ,; Vdt1li"irc- (C;.i .city) vcnrus pavement Aa`ai"'ual e.irc a#.a.Opcn;'Rallxu«n (Dc,,'i atiind . 0 Replace the existing runway and taxiway lighting system. CL During Hurricane Irma,the airfield lighting system,Including � the medium intensity runaway and taxi.,way lights was takeoff length required to operate most types of business 0 0. submerged by a storm surge..Though the airfield lighting jet aircraft without imposing significant weight penalties � system remains functional,it should be replaced when the or requiring intermediate fuel stop when flying nonstop to, runway is relocated. medium or long-haul destinations„While the proposed 392- foot runway extension is not warranted in the short-term, it Realign/reconstruct Taxiway a from an acute-.angled:runway should be incorporated into the Airport layout Plan(A.LP)in exit to a perpendicular runway exit. order to protect the safety and airspace surfaces associated wwithi the proposed runway extension from incompatible land CL Remove existing taxiway and apron pavement on the north uses. side of the approach to Runway 25 The Master Plan also recommends the identification of ImpleQment new taxiway nomenclature:To meet FAA,AC development areas for future general aviation facilities 150/5340-18 requirements,it is recommended that the including;aircraft apron,automobile parking spaces,.and _ parallel taxiway south of Runaway 7 2.5 continues to be aircraft hangars.The fuel farm currently located in the designated as Taxiway A;however all stub taxiways are middle of the west general aviation apron should also be 0 proposed to be designated as Al through A6.Similarly,the relocated to free tap space for aircraft operations. connector taxi lanes from parallel Taxiway to the variious apron areas are proposed to be renamed as Bi through 82.0. The..Airport dries not currently have a dedicated � maintenance storage facility.The equipment is stored in a Relocate the existing automated Surface Observing Systems shed,a storage container,and in the grass area adjacent (ASOS)to allow for the expansion of existing general aviation to the AS0S.To provide indoor storage, in a consoIlidated apron. faeillity,as wwelll as to create office space for maintenance personnel,the construction of a 2,000 square feet The Master Plan proposes the extension of Runway 7-25 maintenance facility adjacent to and west of the existing from 5.008 feet to 5,.400 feet to provide the necessary passenger terminal facillity its recommended. W r� BOCC SR File No.2020-145 Packet Pg. 2214 Q.1.h Based i on known environmental conditions at the Airport presented in Section 2,9, Environmental Settings and the proposed C,apitall Improvement Pll,an projects, the folllowing NEPA environmental resource categories may be affected and would Ilikelly require assessment cluring environmentall review of proposed projects pursuant to NE ; 0 biological resources water resources—wetlands and floodplains The Capital Improvement Plan projects .are depicted on Exhibit -11 along with, n,aturall habitats located on � Airport property. A discussion of each of the biological and wetland resource categories and the proposed Capital Improvement Plan projects that may affect these resources are provided in this section. The environmental resource effects identified herein are preliminary and intended to provide an early indication of � the issues that would likely require cletailled analyses during a future NEPA environmental review, All Capitall � c Improvement Plan projects,would he subject to a level of review under NEPA priorto implementation, 2 0 A tidally connected wetlland and two isolated wetlands are located within the undeveloped area.along the north, CL side c)f the Airport property, as shown on Exhibit 6-1,.A potential wetlands effect would occur if.a project would degrade, disturb, or remove any portion of the wetlands, As noted in Section 6.2.1,. the Runway and Parallel Taxiway Separation Improvements project it ludes clearing � a strip of und�evehoped Iland north of Runway 7-25,which,intersects with each,of the three wetlands.These direct � wetlland effects are being evaluated in an EA. No other Capital improvement Projects directly affect wetland � resources. For projects that increase impervious surface at she Airport car otherwise resullt in a change in activities CL that would affect stormwater runoff, strategies to minimize pollutants entering the stoma water runoff should 1 ee evalluat:ed,. 0 0 0 x LU BOCC SR File No.2020-145 Packet Pg. 2215 Q.1.h ]MODIFICATION OF STANDARDS!FAGS) a c t f . l(/ I z cc C 16 a -- ra 77 aaEanaco : ED�. � SHEET 3 OF 14 .F cu cu LL v cn NIIII FICi1Nb6° 0 cu „f — ------------------ p ,rr�'; P Er d ao- IE 0 a /j uxnsx ... PREPARED .� P0.E� cu PATE: SHEET OF 14 BOCC SR File No.2020-145 Packet Pg. 2216 Q.1.i Exhibit E Excerpts from Chapter 332, F.S. (Airport Law of 1945): 332.001 Aviation; powers and duties of the Department of Transportation.— (1) It shall be the duty, function, and responsibility of the Department of Transportation to plan airport systems in this state. In carrying out this duty and responsibility, the department may assist and advise, cooperate, and coordinate with the federal, state, local, or private organizations and individuals in planning such systems of airports. c (2) It shall be the duty, function, and responsibility of the Department of Transportation to promote the further development and improvement of air routes, airport facilities, and landing fields and protect their approaches v, and to stimulate the development of aviation commerce and air facilities. In carrying out this duty and responsibility,the department may advise and cooperate with municipalities, counties, regional authorities, state agencies, appropriate federal agencies, and interested private individuals and groups. 332.003 Florida Airport Development and Assistance Act; short title.—Sections 332.003-332.007 may be cited as the "Florida Airport Development and Assistance Act." 332.004 Definitions of terms used in ss. 332.003-332.007.—As used in ss. 332.003-332.007,the term: P (1) "Airport" means any area of land or water, or any manmade object or facility located therein, which is E used, or intended for public use, for the landing and takeoff of aircraft, and any appurtenant areas which are used, or intended for public use, for airport buildings or other airport facilities or rights-of-way. CL (2) "Airport hazard" means any structure or object of natural growth located on or in the vicinity of a public- c, use airport, or any use of land near such airport, which obstructs or causes an obstruction to the airspace required for the flight of aircraft in landing or taking off at such airport or is otherwise hazardous to landing or taking off at such airport. W (3) "Airport master planning" means the development, for planning purposes, of information and guidance to LO determine the extent,type, and nature of development needed at a specific airport. a, (4) "Airport or aviation development project"or"development project"means any activity associated with the , design, construction, purchase, improvement, or repair of a public-use airport or portion thereof, including, but c not limited to: the purchase of equipment; the acquisition of land, including land required as a condition of a federal, state, or local permit or agreement for environmental mitigation; off-airport noise mitigation projects, the removal, lowering, relocation, marking, and lighting of airport hazards; the installation of navigation aids used by aircraft in landing at or taking off from a public airport;the installation of safety equipment required by rule or regulation for certification of the airport under s. 612 of the Federal Aviation Act of 1958, and amendments thereto; and the improvement of access to the airport by road or rail system which is on airport property and which is consistent, to the maximum extent feasible, with the approved local government comprehensive plan of the units of local government in which the airport is located. (5) "Airport or aviation discretionary capacity improvement projects" or"discretionary capacity improvement projects" means capacity improvements which are consistent, to the maximum extent feasible, with the approved local government comprehensive plans of the units of local government in which the airport is located, N and which enhance intercontinental capacity at airports which: (a) Are international airports with United States Bureau of Customs and Border Protection; (b) Had one or more regularly scheduled intercontinental flights during the previous calendar year or w have an agreement in writing for installation of one or more regularly scheduled intercontinental flights upon the commitment of funds for stipulated airport capital improvements; and (c) Have available or planned public ground transportation between the airport and other major transportation facilities. a� (6) "Aviation system planning" means the development of comprehensive aviation plans designed to achieve and facilitate the establishment of a statewide, integrated aviation system in order to meet the current and future aviation needs of this state. (7) "Eligible agency"means a political subdivision of the state or an authority which owns or seeks to develop a public-use airport. BOCC SR File No.2020-145 Packet Pg. 2217 Q.1.i (8) "Federal aid"means funds made available from the Federal Government for the accomplishment of airport or aviation development projects. (9) "Florida airport system"means all existing public-use airports that are owned and operated within the state and those public-use airports which will be developed and made operational in the future. (10) "Landing area" means that area used or intended to be used for the landing, takeoff, or surface maneuvering of an aircraft. (11) "Planning agency" means any agency authorized by the laws of the state or by a political subdivision to 2 engage in area planning for the areas in which assistance under this act is contemplated. 0 (12) "Project" means a project for the accomplishment of airport or aviation development or airport master planning. (13) "Project cost"means any cost involved in accomplishing a project. (14) "Public-use airport"means any publicly owned airport which is used or to be used for public purposes. (15) "Sponsor" means any eligible agency which, either individually or jointly with one or more eligible agencies, submits to the department an application for financial assistance for an airport development project in accordance with this act. 332.01 Airport law; definitions.—The following words, terms, and phrases shall in ss. 332.01-332.12 have a, the meanings herein given, unless otherwise specifically defined, or unless another intention clearly appears, or 01, the context otherwise requires: 0. (1) "Municipality"means any county, city,village, or town of this state. L. (2) "Airport purposes" means and includes airport, restricted landing area, and other air navigation facility - CL purposes. U (3) "Airport" means any area, of land or water, except a restricted landing area, which is designed for the landing and takeoff of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving and discharging passengers or cargo, and all appurtenant areas used or suitable for access to airport facilities, airport buildings, or other airport facilities, and all appurtenant rights-of-way, LO W whether heretofore or hereafter established. (4) "Air navigation facility" means any facility used in, available for use in, or designed for use in, aid of air navigation, including airports, restricted landing areas, and any structures, mechanisms, lights, beacons, marks, 0 communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, or restricted landing area, and any combination of any or all of such facilities. (5) "Air navigation" means the operation or navigation of aircraft in the airspace over this state, or upon any airport or restricted landing area within this state. (6) "Person" means any individual, firm, partnership, corporation, company, association, joint-stock association,or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof. 332.02 Acquisition of real property for airports.— c (1) Every municipality is hereby authorized through its governing body, to acquire property, real or N personal, for the purpose of establishing, constructing, and enlarging airports and other air navigation facilities and to acquire, establish, construct, enlarge, improve, maintain, equip, operate, and regulate such airports and other air navigation facilities and structures and other property incidental to their operation, either LU within or without the territorial limits of such municipality and within or without this state;to make,prior to any such acquisition, investigations, surveys, and plans; to construct, install, and maintain airport facilities for the servicing of aircraft and for the comfort and accommodation of air travelers; and to purchase and sell equipment and supplies as an incident to the operation of its airport properties. It may not, however, acquire or take over any airport or other air navigation facility owned or controlled by any other municipality of the state without the consent of such municipality. It may use for airport purposes any available property that is now or may at any time hereafter be owned or controlled by it. Such air navigation facilities as are established on airports shall be supplementary to and coordinated in design and operation with those established and operated by the federal and state governments. BOCC SR File No.2020-145 Packet Pg. 2218 Q.1.i (2) Property needed by a municipality for an airport or restricted landing area, or for the enlargement of either, or for other airport purposes, may be acquired by purchase, gift, devise, lease, or other means if such municipality is able to agree with the owners of said property on the terms of such acquisition, and otherwise by condemnation in the manner provided by the law under which such municipality is authorized to acquire like property for public purposes, full power to exercise the right of eminent domain for such purposes being hereby granted every municipality both within and without its territorial limits, as specified in and including all the powers, rights, and privileges of chapters 73 and 74. If but one municipality is involved and the charter of such municipality prescribes a method of acquiring property by condemnation, proceedings shall be had pursuant to the provisions of such charter and may be followed as to property within or without its territorial limits. Any title to real property so acquired shall be in fee simple, absolute and unqualified in any way, or any lesser interest therein. For the purpose of making surveys and examinations relative to any condemnation proceedings, it shall be lawful to enter upon any land, doing no unnecessary damage. Notwithstanding the provisions of this or any other statute or the provisions of any charter, the municipality may take possession of any such property so to be acquired at any time after the filing of the petition describing the same in condemnation proceedings, as provided in chapter 74. It shall not be precluded from abandoning the condemnation of any such property in any case where possession thereof has not been taken. (3) In the event any exercise of power under ss. 332.01-332.12 by a municipality requires the removal, relocation, or reconstruction of any structure located in, on, under, or across any private property, public street or highway, or other public or private places,then such municipality shall reimburse the owner of such structure 0. for the estimated or actual expense of said removal, relocation, or reconstruction prior to the incurring of such L_ expense by such owner. CL 332.03 Establishment of airports, etc., declared public power.—The acquisition of any lands for the purpose of establishing airports or other air navigation facilities; the acquisition of airport protection privileges; 0. the acquisition, establishment, construction, enlargement, improvement, maintenance, equipment, and operation of airports and other air navigation facilities; and the exercise of any other powers herein granted to '✓ municipalities are hereby declared to be public, governmental, and municipal functions, exercised for a "' public purpose, and matters of public necessity; and such lands and other property, easements and p p p � p Y� p p Y> �.' privileges acquired and used by such municipalities in the manner and for the purposes enumerated in ss. c 332.01-332.12 shall be and are hereby declared to be acquired and used for public, governmental, and municipal purposes and as a matter of public necessity. 0 332.08 Additional powers.— (1) In addition to the general powers in ss. 332.01-332.12 conferred and without limitation thereof, a municipality that has established or may hereafter establish airports, restricted landing areas, or other air u- navigation facilities, or that has acquired or set apart or may hereafter acquire or set apart real property for such r9 purposes,is authorized: (a) To vest authority for the construction, enlargement, improvement, maintenance, equipment, operation, and regulation thereof in an officer, a board or body of such municipality by ordinance or 0 resolution which shall prescribe the powers and duties of such officer, board or body. The expense of such N construction, enlargement, improvement, maintenance, equipment, operation, and regulation shall be a responsibility of the municipality. (b) To adopt and amend all needful rules, regulations, and ordinances for the management, government, and use of any properties under its control, whether within or without the territorial limits of the municipality; to appoint airport guards or police, with full police powers; to fix by ordinance or resolution, as may be appropriate, penalties for the violation of such rules, regulations, and ordinances, and enforce such penalties in the same manner in which penalties prescribed by other rules, regulations, and ordinances of the municipality are enforced. (c) To lease for a term not exceeding 50 years such airports or other air navigation facilities, or real property acquired or set apart for airport purposes, to private parties, any municipal or state government or the national government, or any department of either thereof, for operation;to lease or assign for a term not exceeding 50 years to private parties, any municipal or state government or the national government, or any department of either thereof, for operation or use consistent with the purposes of ss. 332.01-332.12, space, BOCC SR File No.2020-145 Packet Pg. 2219 Q.1.i area, improvements, or equipment on such airports; to sell any part of such airports, other air navigation facilities, or real property to any municipal or state government, or the United States or any department or instrumentality thereof, for aeronautical purposes or purposes incidental thereto, and to confer the privileges of concessions of supplying upon its airports goods, commodities, things, services, and facilities; provided, that in each case in so doing the public is not deprived of its rightful equal and uniform use thereof. (d) To sell or lease any property, real or personal, acquired for airport purposes and belonging to the municipality, which, in the judgment of its governing body, may not be required for aeronautic purposes, in 0. accordance with the laws of this state, or the provisions of the charter of the municipality,governing the sale or leasing of similar municipally owned property. (e) To exercise all powers necessarily incidental to the exercise of the general and special powers herein granted, and is specifically authorized to assess and shall assess against and collect from the owner or operator of each and every airplane using such airports a sufficient fee or service charge to cover the cost of the service furnished airplanes using such airports, including the liquidation of bonds or other indebtedness for construction and improvements. (2) If a county operates one or more airports, its regulations for the governance thereof shall be by resolution of the board of county commissioners, recorded in the minutes of the board, and promulgated by posting a copy at the courthouse and at every such airport for 4 consecutive weeks or by publication once a a, week in a newspaper published in the county for the same period. Such regulations shall be enforced in the same manner as the criminal laws. Violation thereof is a misdemeanor of the second degree,punishable as provided in 0. s. 775.082 or s. 775.083. (3) Notwithstanding any other provision of this section, a municipality participating in the Federal Aviation 4- Administration's Airport Privatization Pilot Program pursuant to 49 U.S.C. s. 47134 may lease or sell an airport U or other air navigation facility or real property,together with improvements and equipment, acquired or set apart for airport purposes to a private parry under such terms and conditions as negotiated by the municipality. If state 0. funds were provided to the municipality pursuant to s. 332.007, the municipality must obtain approval of the agreement from the Department of Transportation, which lis authorized to approve the agreement if it W determines that the state's investment has been adequately considered and protected consistent with the "' applicable conditions specified in 49 U.S.C. s. 47134. 0 332.11 Cooperation of authorities.—It shall be lawful for and full power and authority is hereby conferred upon municipalities in any area of the state to cooperate in the exercise of the powers and authorities conferred upon municipalities under the provisions of ss. 332.01-332.12, and such municipalities shall share in such exercise of power and authority equally or upon such other terms as may be mutually agreed upon between said municipalities. 332.12 Airport Law of 1945; short title.—Sections 332.01-332.12 may be cited as the "Airport Law of r9 1945." 0 N x BOCC SR File No.2020-145 Packet Pg. 2220 Q.1.j Exhibit F Airport Department comprehensive plan text amendment application (File #2020-145): c 0 N .N 0. 0 CL LO N CD i 0 LU BOCC SR File No.2020-145 Packet Pg. 2221 Q.1.j File #: 2020-145 0 Owner's Name: Monroe CountyAirports N .N Applicant: Monroe County Airports 0. L. 0 CL Agent: Richard Strickland 0 LO N Type of Application : CP Text Amendment NI K Monroe County 0 LU Packet Pg. 2222 Q.1.j Additional Information added to File 2020-145 s 0 N .N 0. 0 CL LO N CD 0 LU Packet Pg. 2223 Q.1.j End of Additional File 2020-145 0 N .N 0. 0 CL LO N CD 0 LU Packet Pg. 2224 Q.1.j PLANNING AND El'~>VIR NMCNT"Ai, RESOURCES DEP"RTNIENT 0- ))}}lY h .,.".Pi wr ..a a W »amu� 2 '0 Comprehensive Plan (CP) Teat Amendment Application N An apid/cation must be deemed complete and in corn liance with the Monroe C'otrntt, Cony)rehensi ve Plait (Ind iC"ode her the staff prior to the item being scheduled for rev e", Application Tree: $6,470.00 (plies $8 0 for the BOC'+C adoption hearing) The base fee includes two internal staff meetings with applicants, one Development Review Committee meeting, tli7e m Planning Commission Public hearing-, and orie Hoard of(ouiity Commission public hearing. ]f this minin-iurn nuts ber � of ineetings/hearinggs is exceeded, additional fees shall be charged pursuant to Fee Schedule Resolution and paid prior to the private application proceeding through public hearings. /11 Wkfiti0l'l to the al)I)hcaa'tion f e, tFae ft4lowing fees also aj'y)ly: Advertising Costs: $245.00 CL U Surrounding Property Owner Notification (SPO ): $3.00 for each property owner required to be noticed Transportation Study Review: $5,000.00 [deposit (any unused l'unds will be returned upon approval) Advertising and Noticing feel; for a t;C)MMU111ty` nneeting: ` 24 .00 plus 7.00/SPON to Date of Request: / 6 Month Day Year cv I Applicant/Agent Authorized to Act for Property Owner: (,agents must provide notarized authorization From all property uvrners.) Monroe County Airports Richard Strickland Applicant (Name of Person, Business or OrUaniration) Nanie of Berson Submitting this Application 3491 South Roosevelt Blvd. Key West, FL 33040 Mailing Address(Street,City, State and ,dip Code) ►_ 9 - r 4 Strickland-Richard MonrceCounty-FL.Gov Work lhoric Home t'lone. Cell Phone Email Address 0 Property Owner:(Rusiness,/corn must include documents siroti ing Ni ho has legai authority-to sign.) Monroe County Airport 1 Monroe County, FL Richard Strickland (None/Entity) Contact Person 3491 South Roosevelt evelt lvd. Key West, FL 33040 Mailing Address(Street, City, ',State and Zip Code) � 305-393-7742 Strickland-Richard cx Monroe ounty-FL.Gov Work Phone Home Phone Cell Phone Ernail Address Page ] of8 09/2019 Packet Pg. 2225 Q.1.j Goal(s), Ob, ective(s) and/or policy(s) of the Comprehensive plan Affected: Policy 501.1.7 Objective 5 1.2, Policy 501.2.1, Policy 501. 2 and Policy 501.2.3 Policy 501.5.3 c 0 N Please describe the reason for the proposed text amendment (attach additional sleets if'necessary): � See attached sheet. .N - - w 0 CIL r_ 0 LO Pursuant Chapters 163 and 380, Florida Statutes, an amendment to the Comprehensive plan roust CD he consistent with Florida Statute, with the Monroe County Comprehensive flan, and with the 4i Principles for Guiding Development for the Florida Keys Area, Section 380.05 2(7), Florida Statute. please describe horn the proposed text amendment is consistent with each of the following . (attach additional sheets if necessarNI). � 1) The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute. (fit a trtininiunt, please revien, and rathire s° Sections 163.3177, 163,317 , 163.31 0, and 163.31 4, F.S.) � Specifically the amendment furthers: r_ The proposed text amendment is consistent with Part 11 of Chapter 163 of Florida Statutes and aligns existing federal and state requirements for the expansion and development of public airports with. existing local principles, guidelines, standards, and strategies for the orderly and balanced future economic social, physical, environmental, and fiscal development of the area. This supports County growth policy, planning, and land development regulations by furthering the following; Monroe County transportation element for UJI airports, airport growth, development, expansion,and land use compatibility(Sec. 163.3177), management of - m airport development in or near the coastal zone according to State Statutes (Sec. 163.3178), maintains and supports concurrency of public facilities and services (Sec. 163.3180), and follows the process and requirements for comprehensive plan amendments in designated areas of critical concern (Sec. 163. 184). Page 2 of 8 09/ 019 Packet Pg. 2226 Q.1.j 2) The proposed amendment implements and is consistent with the: following Goals, Objectives and Policies of the Monroe County Year 2030 Comprehensive Plan. Goal 501, Objective 501.1, and Policies 01.1 .1, 501.1.4, 5011.5, 501.1.6, and 501.1.7 Goal 501 , Objective 501 . , and Policy 501. . Goal 501, Objective 5613, and Policy 501.3.3 Goal 501, Objective 501 .5, and Policies 501.5.2, and 501.5.3 Goal 501, Objective 501,7, and Policies 501.7.1 Goal 501, Objective 501.8, and Policies 501.8. Goal 1301, Objective 1301.4, and Policies 1301.4.5, 1301. . , and 1301 .4.7 Goal 1401 , Objective 1401.1 N 3) The proposed amendment is consistent with the Principles for Guiding Development for � the Florida Keys Area, Section 380.0552(7), Florida Statute; � See attached sheet c ---------- 0 4- CL 0 N i The board of County Commissioners may consider an ordinance to transmit to the State Lana Planning Agency an amendment if the change is based on one or more of the following factors. Please describe how one or more of the following factors shall be net (attach additional sheets if � necessary): f) Changed projections (em . regarding public service needs) from those on which the text was � based See attached sheet. 0 X ) Changed assumptions (e.g. regarding demographic trends): E See attached sheet. T Page 3 of 8 0 /2019 Packet Pg. 2227 Q.1.j 3) Data errors, including errors in mapping;, vegetative types and natural features: Not applicable S c a- 0 4) New issues: See attached sheet. 5) Recognition of a need for additional detail or comprehensiveness: 0. Not applicable c, 0 LO N N i 6) Data updates: � Not Applicable In no event shall an amendment he approved which will result in an adverse community change of the planning area in which the proposed development is located or to any area in accordance with a Livable CommuniKeys master plan. Please describe how the test amendment would not result in an adverse community change (attach additional sheets if necessary): The proposed comprehensive plan text amendment will only apply to airport projects located on airport property at UJI the Key West International and Florida Keys Marathon International Airports. All other public or private airports or airstrips located within Monroe County must comply with all policies as currently written. By limiting the scope;of the text amendment to only those two Monroe County owned/operated public use airports and to only projects on airport property, no adverse community change of the planning area or of any area in the Livable CommunKeys master plan will occur. Page 4 of F O19/2019 Packet Pg. 2228 Q.1.j Applicants submitting an application for an amendment to the text of the Comprehensive Plan shall participate in a ClInggUt UjggfjjjU with the Planning and Environmental Resources Department, as indicated in Code Section f 0 -f 8(d)( ), to discuss the proposed amendment. Sche(luhngy. A concept meeting shall be scheduled by department staff once the application is determined to be complete. As part of this concept meeting, department staff` will identify whether or not the proposed text cu are endme,nt will have a count-wide impact. If the proposal is determined to have a co�uity- ode iri�ct a public meeting with the board of County Commissioners (``Impact Meeting") prior to the application proceeding to the DI C:. for review is required. The applicant shall coordinate with the: Planning Director regarding the date and tinge of the Impact Meeting; however, all Impact w Meetings shall be held in Marathon, .N Nwice of.,11w}tin . The. impact Meeting shall be noticed at least 15 days prior-to the meeting date by � advertisenient in a Monroe County newspaper of general circulation. E Noticing cruel efclvei-rising Costs, The applicant shall pat/ the cast of"the public notice and advertising for the 0. Inipac:t Meeting and provide proof ofproper notice to the Planning Director. 0 4- CL The Impact Meeting; is not to be a public hearing (the BOCC will not vote on the proposal), but a public meeting during which the BOCC may offer their initial opinions and the public may have input on the proposed amendment. PROOF OF PROPER NOTICING ON THE IMPACT MEETING WILL ICE REQUIRED. LO cv CD Applicants requesting a Comprehensive, flan Text Amendment shall provide for public 4i participation through a ertrmmunjLy meeting, as indicated in Code 5ectiun_IO2-1 , Sehedulitag.. `File applicant will coordinate wvith the Planning Director regarding the date, tinge and location of the proposed community meeting however, all meetings are to be held on a weekday evening at least three ( ) months prior to any of the public hearings. .Votice ref'Meeting. The coniraiunity meeting shall be noticed at least 1 1_5 days prior to the meeting date by advemsenaent in a Monroe County newspaper of general circulation, mailing of notice to surrounding Property owners. and posting of the subject property. Noticing (.4nd A(Ive{r-ti.shig Costs. The applicant shall pay the cost of the public notice and adrer'tising for tlae0. community meeting and provide proof of propel-notice to the Planning Director. The cornnaunity meeting shall be facilitated by a representative front the Monroe County Nanning Environmental Resources Departnient and the applicant shall be present at the meeting® PROOF OF PROPER NOTICING ON THE COMMUNITY MEETING WILL BE REQUIRED. � Page 55 of 8 09/2019 Packet Pg. 2229 Q.1.j All of the following must be submitted in order to have a complete application submittal: (Please check as you attach each required iteru to the application) Completed application form unaltered and unbound') Correct fee(check or rncrnev order payable to Monroc t o urrt.V 111anrring et Prai a-oninent(rlRe.�oiii-c'e,�) . cm Existing text of Comprehensive Plan Cioal(s), Objective(s), and/or Policy(s) affected Proposed ar endnient(s) to text of Comprehensive flan Cioal(s), Objjective(s), and/or Policy(s). Musl he 1n-ovided in strikeihrougji and underline lbrival. � ® Ifa site specific anrendnient is proposed: Proof of ownership (i.e., Warranty Deed) EJ Ownership Disclosure Form N 'notarized Agent Authorization Letter (note: authorization is needed frorn all owner(s) of the � subject property) � Copy ol`Current Future Land Use Map (required f ctprali °crticarr crfcc°t: .°1) crlic crrc;lc'fie}rr` area)j Current Property Record Card(s) from the Monroe County Property Appraiser CL El Location neap 13 Photograph(s) of site(s) frorn adjacent roadway(s) El `signed and. Scaled Boundary Survey(s), prepared by a Florida registered Surveyor—eight (8) sets (at a rninin1un1, surrey should include elevations; location and dimensions of all LO existing; structures, paved areas and utility structures, all bodies ofwater on the site and adjacent to the site, total acreage by land use district, total acreage by habitat; and total upland area 'Typed name and address n-milinp labels of'all property owners within a 600 foot radius of the property(s) —(three sets). This list should be compiled frorn the current, tax rolls of the Monroe County property Appraiser. In the, event that a condominium development is � within the 600 foot radius., each unit owner must be included If applicable, the following must be submitted in order to have a complete application submittal: E El 600ft Radius report, prepared by the Monroe County Property Appraiser's Office (required if � application affects specific and defined area) Traffic study, prepared by a licensed traffic engineer (required rf olplic.crtrc n crfA-c1s s])ec•ific° and c-lc�fined area) Transportation fee. of$5.000 to corer the cost cif experts hired by the Department to review the traffic study--any unused funds deposited will be returned upon approval (required if alyVication � Cr�pt.°t: sj)ec°ific° and defined area) � If deemed necessary to complete a full review of the application, within reason„ the Planning Environmental Resources department reserves the right to request additional information. Additional fees may apply pursuant to the approved fee schedule. Page tt of 8 09/20 t Packet Pg. 2230 Q.1.j Has a previous application been submitted for this site(s) within the past two years? ® Yes 11 No S c Is there a pending code enforcement proceeding involving all or a portion of the parcels)proposed for development? 0 Yes W No Code Case file 4 _ .___._.._ Describe the enforcement proceedings and if this application is being sUbmitted to correct the violation: .N 0 0 CL 0. LO cv cv i 0 0. LU Page 7 of g 09/2019 Packet Pg. 2231 Q.1.j The applicant/owner hereby acknowledges and agrees that any staff discussions or negotiations about conditions of approval are preliminary only, and are not final, nor are they the: specific conditions or demands required to gain approval of the application„ unless the conditions or dernands are actually included in writing in the final development order or the final denial determination or order. y signing this application, the owner of` the subject puc7perty authorizes the Monroe County Planning 0. Environmental Resources staff to conduct all necessary site visits and inspections on the subject property. 1,the Applicant, certify that 1 am familiar with the information contained in this application, and that to the hest of my knowledge such infornratic.)n is true, c awplete and accurate. Signature of Applicant: - ---- � Date: N STATE OF ;Z>A c COUNTY OF 0. CL Sworn to and subscribed before me this clay of cif ?tt._ 6 0 by 1 ; '1> who i er onally knowwrf to ire O .W. produced LO cv as identification. cV r J. 0 Si natnre of Nota ublic P ,F Egorlded MARIA JONES Notary Publt� State of Ptorida Cmrnissior:GG 93016EMy C'Jft m.Expires Nov 7,ZGe3 Print, Type or Stamp Commissioned C�ame ofNotary Public through national Notary Ass�. m My commission expires: 0 Send complete application package to: Monroe County Planning & Environmental Resources Department i arathon Government Center 2798 Overseas Highway, Suite 400 Marathon, FL 33050 m Page 8 of 8 09/2019 Packet Pg. 2232 Q.1.j Additional Application Text / Responses Questions from Application Please describe the reason for the proposed text amendment (attach additional sheets if necessary): The BOCC recently approved the Airport master Plan(AMP')arid Airport layout Plan (ALP)for the Key West International Airport and the Florida Keys Marathon international .Airport, on January 22, 2020 rand on ,tune 17, 2020, respectively. To accomplish operation saafety improvements acid to meet forecasts of anticipated passenger and aircraft operational growwth over the planning, period, some airport improvements naaay inipact environmentally sensitive areas when there is no other viable alternative available. The proposed.text changes Will allow the proposed public: airport, improvements to proceed clue to the overriding public interest for the u de.velopnnent and expansion of aviation oriel related faacilities at these public use airports, in accordance with � federal and state laws, to support the economy of the Florida Keys, relieve increasing, traffic and con{uestion on N U.S. 1 to enhance public health, safety arid wvelfaare and to comply with federal arid state- requirements for tlae safe: and efficient operation of federally funded public airports within Monroe Cotmty. 'fire public airport projects will c.oratinue to comply vyith all applicable federal and state permit/authorization requirements, including mitigation for environmental impacts. .Additional ackc-ground and documentation of the reason for the proposed amendment: L. 0 Monroe County, through the Monroe County Board of County Commissioners (BBC C), operates two PublicCL use airports including the Ivey West International AiaTort and the Florida Keys Marathon International Airport. Originally called Meacham Field. the Key West International Airport (IA`a'W) had its first scheduled flight ita0. 1928. During the WWII era, the airport vwas owned by the Department of Defense and used by the United < States Army. In 1933, the. cite of Ivey "t'w'est granted Monroe Ccnanty clear title, to Meacham Field. Shortly to thereafter, Meacham Field becarne 14ey West International Airport. Today, E'YW can safely and efficiently handle: a laarfge number- of commercial aircraft operations, connecting lacy West acid Monroe Clounty to the global air transportation system. The Airportt provides air carrier :service for the Keys, serving approximately 969,000 paassengers in 2019 on flights from Delta, American, United, and Silver. lu'r"W also handled approximately 31.000 ocneraal aaw ration aircraft operations in eft 18. The Florida Keys Marathon International Airport (KITH) opened in 1943. It Was built by the Department of Defense through the U.S. Navy as an auxiliary airfield for Naval Air Station Key, West. It vvas deactivated as .2 a military facility at the end of World War If and initiaalk traansl rred to the Mate of`Florida. and later the 0. Monroe C'onntw Board of County° f'omrnissiOtaers, for use as <a civilian airport. For most of its existence,. tlae County own ed=and-operated airport has been as general aviation facility. It also has had scheduled paassenger � airline service for more than 23 yeaars ira the past. On .April 20, 2016, for the first time in approximately three decades, I?.S. Customs and Immigration service became aav aailaablc at the airport vv ith the c;onapletion of a new permanent Customs and Border Protection facility located in the firmer commercial terminal- M-1 Fl also served an important role as <a sta+ing and Post disaster recovery area during the `°>crewwvworrn outbreak in 2016 and the response to Iltn-ric;aane Irma in 2017. Any it provenaent or- expansion of facilities at E` W and MITI mr.rst meet all applicable federal and state — requirements for operation, development, and environmental protection. Public airports that receive federal fundin- from the Federal Aviation Adnainistrat.ion (I-AA) must comply With operational safety requirements and compliance directives, clevelcapnrent restrictions, and environmental protection and naitigation requirements, as set forth in the Code of Federal IZe.1ul8t1ons(CFR)`Iitle 2.. Grant-,and Agreements. and 'I-itle 14. Aeronautics and `pace, and all referenced and implementing Utaidance iaacludiuc.�; National I rawironment:al Pohc;l Act (NEI'A), Airport Improvement Program (Alf). Part 139 Airport Certification, and all applicable Orders.' Advisory Circulars and proEuram Guidance Letters (PCiI.)• Public airports that rec:cive state funding from the Florida Department of"Tr<ansport<atiorr must also comply wvith all applicable Florida State Statutes, including Title XXV Aviation, Chapters 329� 33(). 331, 3':C and 333. 1 Packet Pg. 2233 Q.1.j Both Monroe County Airports, LYW and MTI I, operate undcr these strict federal and state reciuirernents and must foddocv all extensive process for update, rcv ievv and approval of`tlae Airport Master Plan (AMP) and Airport Layout Plan (ALP) drawing set for each airlaort to ensure these retluirenrents are met, This comprehensive planning process typically occurs every live to seven }ears and includes public, federal, and state agency, and local review of the proposed future development at each airport. Typical AMP and ALP updates take oil average. 18 months to complete and grain final approval from the FAA. 'The AMP and ALP update process generally includes the following steps and public/agency revicvvS AfrPo!j Mpister Plan and ALIT Process I. Fnventory a. Documentation of"existinsg conditions and stakeholder input ?. Aviation Activity Forecasts a. Forecast passenger cnpla.nenaents Via, aircraft operations b. Define critical desitLm aircraft c. Solicit./receive public input c.l. Solicit'recerve stakeholder input � e. FC}OT review and comment � f. FAA rev iexv and approval e 0. 3. Dernanl/Capacity & Facility Requirements _ a. Define future facility needs b. Assess ability of existing facilities to meet future creeds CL c. Determine futUrC facility recluirenrents 0 4. Development Alternatives, d."ravironrnental hAaaluation and Public Input _ aa. Prepare alternative concepts that meet future requirements b. Conduct environmental overview ot'NLPA categories & sustainbility initiatives LO C. `solicit/receive public input cl. Sollclt/receive stakeholder- input e. Evaluate alternatives,possible environmental impacts,public input, identify development plan i 5, Implementation Plan and Doc runentatiora aa. L3efirac financing and phasing la9arrs b. Complete Airport Layout flan(ALP) dravviugs C. Solicit/receivre public input orrt draft AMP and ALP � (l. FDOT review and comment cara draft AMP and ALI' e. BOCC revicvv and approval f. FAA review and approval � The feedback receO cd from the stakeholder, public and a6.aenc\ re`ieeL period; is incorporated within,and used to develop, the Updated airport master plans and airport lav OW plants. The Updated AMP and ALI) is approved � by the d`AA as well as the Board of County C'ornmissioners at a public meeting. The above AMP and ALP update process was initiated for I;Y"' in September 2016 and completed can January 22, 20.20 at the Monroe County BOC'C" rnecting to approve the Airport Director's signature ofthe FAA, approved master plan and ALP drawings set_ The same AMP and ALP update process veas initiated for NFTH in December2016 and cornplcted U- on June 17, 2020 the Morro-oe ("aunty BOC'C rnecting to approve the Ali-port Director's sigmaature of the FAA approved master plan and ALP dra\vint s set. In addition to the AMP and ALI) process discussed I)rcv'iously and prior to projects bell)(, designed and � constructed, FAA and FDOT requirements for envirourarental protection and project permitting require that � projects be revJevved fear their potential to have adverse cm1ronmcilia] inapaacts per NI11,PA requirements. Art Environmental Assessment (FA), or for \cry large projects an Em ironmental Impact Statement (LIS), will be required to determine if the project will have adverse impacts, identify what those impacts mill be, and determine what, ifany, acc-eptable mitigation will be required to tllrninatc or offset those anticipated irnlract. This ccornprelierrsive env ir-onmental rev ieyv its coordinated ev ith federal and state agencies and conducted for _...__...._.............. ---------------------------- .......... _-_-......--__...... _.._. 2 Packet Pg. 2234 Q.1.j each. project that may meet specified FAA and NI.PA thresholds for potential impacts to 21 environmental categories, including the airport's habitat and species. The existing habitat identified at f Y"v'a` is outlined in Table 1 and Figure 1, \vhile the existing habitat identified at N11 1 is ClUdined in Table 2 and Figures 2. Table I -Existing 1 `r'W Habitat 0 _. w. . _......__......_.__ 811 Airpom 124.0 8.8 _.._.. w.. w.. - _......... `. 740 D sit.Iriaerl Land 20,6 06 422 8rawtiikwi Popper(Upltarl+.1) ,G3 0.1 ..----- .............. ............... . _......_ 170 IrvAitta4i rvtrl 12.4 (13 �.,w.,.�m._.. ....�.........� ..�.,, ....r, ..... _................ .... ___ a. �....._.._. . ...... ...... �...............,_ ._�. �. ... .....,.._ 4,n) Upi oral H rrclwaarrtl Fo t 7.7 0) �.............. w_ .., --_— m s� _........ ... Flilhways ,'� _...,., ..m. .. . r.......... ....._............. _.,. .m 134 MlIltiple Dwerlhlig Unrtl Hirhr Rio 4 Upland Sl uscl bru5lalalsrd 1.5 1Ci1 Swill Beach 1 1 .,,...... Rat? B 41xe1 E anFdIanci tl 5 ........._........... 140 t nrnneil and Sti 03 E r,.... .m.__.... 121 Fixed Single-family Unill 0,2 0 .,.w__. x. ..._._._ .._..._ ...m .--.m.a. ,,.._. ._.. .U. to12-M align we_wousp FdF fPd Fittll Irill Forn=lill Brr 40- 114,O 8,3 ll FverUrem Ftr yr.dlborly Flcrcra#nrrl � w _ _. ..._ ,._. _..... __. 0 Cr12 SIt f,rr ins Fray�rlvrrts Not tllacl lrlFy E 11.1Et2-tvtuallrts� ss1r��lidaf.Ur+raga ,lrr(..fiio Csrstt�I'll F#�.� Fa.� � DiFOIC tly W GLill or t t r n r Sand r 1 rfula il Irnerti dal,Frn�erg l�r,Poi .r tr.S ... ti n a,. ... m_F ery w 9-Exotili"Weil Ind Harelwvoock(Welial l F217(,t31' Fs'ttlailr fi-Itarti,hwl, F'rorc+,trod,£roan 0.0 8.3 et Clil F}a:l,;sdxe;a°y le9vgcl Evergreen, lrrr ul-rely Viog;rcicwrl .... CD 41 - Ernbayri t`rponing rliret9ly lce 4;ari1 FIUl, Emu..ii �ubrild.al Uncralr�.talirlaterd 1la>l t 1 N err C)ii11111 5aIt'd CD N 512-channeliztal wat'sll i ElUB2 Estoalur„SLIT[tidal,Um cuvagoltrlated C#al 03 Gi sand NOTts. BSA.- pinl gl,l al rrrudy area Cb I'Ll t I"4. H Hria Land U (10toil arld f ulrm t"9 a ili gptrrt ytl rr+. �. a,4)i Souiih li WaTer U1,)neagernens tt.stnla,t.7016,Blikin Envirorirr;*nlal S4rmcl 9nc SlirrIl 2019 Table 2 a Existing MTH Habitat PLUCKS CODES DESCRIPTION ACRES WITHIN BSA Upland Forest 0) 426 Tropical Hardwood Hammock 30.4 0 Transportation,Communication and Utilities _ all Airport 153.1 Wetlands LIJ E2FO3N-Estuarine,Intertical,Forested, 612-Mangrove Swamp(Tidally Broad-leaved Evergreen Regularly Connected) Flooded 6.8 E2Fl-Estuarine,Intertidal,Forested, Broad-leaved Evergreen,Irregularly � 612-Mangrove Swamp(Isolated) Flooded 0.5 Total Acres of Habitats within the RSA 1911M SOURCE,Birkitt Environmental Servlee.', Inc.At,grrst 2017 ..___...._. __..�.�.._..� ............. . . ......... -- ___. ____-- ---------- Packet Pg. 2235 SPUB140M Ul S4UOWGAOjdwi a®I :p a' ) tL- 1!j uoi4e3ildde 4uaw:p :!® a' -X :4u8wq3B44V w co r< N q a d ' cc bf r � t � 4x a LT. ^tm 1 iAA� di r vi r 1�1f lm e y Ul 4 Oua n®a wi a®I :p a' ) tL- 1!j uoge3ildde 4uew:p :p® a' ax :4u8ua 3 44 r, N r N a' a cc " aC 0 WC Ln iffi } b c p S e � � •a z afr�ii�e �_ . z la ,. P; lz f Z $3 # a C Q.1.j The federal, state and environmental permitting required prior to the construction of airport projects at EYW and NCI t 1-1 includes extensive coordination with, the (JS Anny, Cori) of En4oineers (I ISAC.'I,), South Florida Water Management District (SFWNID), and./or Honda Department Emironmeartal Protection to mitigate any expected impacts to various environmental resources including, lint [lot limiter to.- water duality, wetlands coastal and flood zones, and protected habitat and species. This coordination is a third level of project €-evie\\ acid approvals that t\pically occurs during, the project engineering design to ensure environmental protection and mitigation recluireulents identified in previous ANIP and/or EA study reviews are implemented during construction. The follow ing Outlines typical requirements of each federal or state agency relative to environmental permitting and mitigation requirements for wetlands: 1, F.JSEAC FI a. Permittee Responsible Compensatory lklititgation -- The replacement, enhancement, and/or preservation of environmentally sensitize lands at ;specified ratios based on the quality of the impacted resource to be owned and maintained by the perruitee. h. Mitigation Banking / In Lieu Fee (ILL) — Purchase of credits in a mitigation hank in the � geographic area of the permitted impact at ratios also\e the estimated resources loss or pae meat of a fee for lire servat ion of resources when sueh mitigation banking is not available.. 0 a. Permittee responsible Compensatory MitMation --The replacement, enhancement, and/or l:rreser\ation of environmentally sensitise lands at specified ratios lased on the duality of the impacted resource to he owned and maintained by the pern7it.ee. b. Miti,oation Banking 1 In Lieu Fee (ILL) - Purchase of credits in to mitigation bank- in the e [geographic area of the permitted impact at ratios above the estimated resources loss or payment of a fee for preservation of resources v\hera such mitigation banking is riot car available. C44i m This federal and state process fOr prcrjecl impact review and environmental protection is required for all airport projects at I;'`rW and MTH and has resulted in several environmental conservation, preservation, and iaitioation improvements over the years. Figure 3 it ustrates all the environmental protection anti m improvement projects that have been completed at E;'AA' dire to the federal and state NFPA and environmental permitting requirements for airport development. The overall airport de\clopment process and comprehensive revie\v outlined pre\ioualy is necessary in � order to ensure the development of each airport faciliv, meets the safety, operational, environmental protection and other- federal and state obligations Ntom-cle County roust legally meet related to the funding � and olaeration of [ 'r'`W and MJII. Further, this federal and stale process has successfully unproved the envirom-nentai preservation, conservation and condition of environmentally sensitive areas located on airport property. Therefore,the pre\isions contained va ithin I'arliey' T 0' l.l.Pc�lic e ?{t3.1.1, I'oliea �(} .?.2, _' Policy ()T?. , and Policy ?()1.'. 1 shrill not ripply to the I�;e\ West International ,Airport anal the Florida Ke\s Marathon International Airport clue to the o\erridin,l public interest for the development and expansion ofaviation and related facilities at these public airports, in accordance with federal and state: lmv„ to support the economy of the Florida Kev s, relic: e increasin4g traffic and congestion on I I.S. 1, to enhance public health,safety and\\el bare and to comply\v ith federal and state requirements for the safe rand efficient operation of federally fLinded public airports vvithirr Monroe C'taunty. U .... ..___--------__ 6 Packet Pg. 2238 SPUB140M U1 S4UOWGAOjdwi a®I :p a' ) tL- 1!j uoge3ildde 4u9w:p :!® a' ax :4u8ua 3 44 m N r N q a d ' it cc lit ivg ;' ��ryy s � Fa/ Ci rk lI , 1't b atill r 1 l ,4W lit i i 3 rX I 1 7 � t Ile ' t ( � + ;fir 1 s t sP iUUUt ,I ""0 iLL ll r t Isis. 6,.t s a ap^ rhi , _ is s t,i } �' !i'•• I s ku IJ s; =1 W *�f rAfs � s J r i rt 2 2i r Q.1.j Pursuant Chapters 163 and 380, Florida Statutes, an amendment to the C'oinprrehensive Plan must he consistent with Florida Statute, with the Monroe County +C'omprehensi'Ve Plan, and with the Principles for Cuiding Development for the Florida Keys Area, Section 380.0552(7), Florida Statute. Please describe how the proposed text amendment is consistent with each of the following (attach additional sheets if necessary): 0 ) The proposed amendment is consistent with the Principles for Guiding Development for the N Florida Keys Area, Section f 0.0552(7), Florida Statute.: The proposed corrrprehensir e plan text amendment is consistent ��o ith the Principles for GrridlnF? Development of the Florida Keys Area, Section 80.f 552(7). Florida Statnte because the proposes text . amendment \%III support the lulloi�ir�4; N • Strengthen local government capabilities for managing land use and det�eloprnent at Monroe Comm, Airports • Support the protection, conservation and improvement of shoreline and marine resources throe-lt federal and state programs for resotrrec preservation. enhancement, and n-ritigation arith airport development projects. • Support the MaXirnurn well-being of the Florida Keys and its citizens throrigh sound economic CL development of Cotrmy airport property to attract nr business and jobs. • Eirnit the aede erse impact of airport dev eloprnnt on the clnalit\ of Neater th.rotrdoliout the keys throu4,�h implementation or federal and state: �Natrr clr.rality standards. • Support enliancernent ofntrral scenic resources through promotion ofconservation mitigation and LO compatible airport development \\itl7 the nniclne historic character ofthy: Florida ley°s. • Protect the value, efficienca, cost effecti eness and amor-tiZed life of rnatjor public investments to include yeti West International and l lorida drew s aratlron International Airports. • Protect and improve water duality h� prm icdinY, irnproxed and rnintained storme�ater inatnatoern nt 111C litics at Monroe C,orrnt4 Airports. • d_.imit adverse impacts of airport development projects on the environmental re otrrces of the _ Florida Ke\s through strict adheres to established federal and state airport derelopinent planning and environmental reviee\N and perrnitt:ing processes and recluirenrents. • C'ontinne to pro\ide alternati%es and facilities for the protection of public safety and \geldare and post-disaster facilities at Monroe Courrty Airports. • fret\ide for enhanced protection of' the public health, safety, and c�elfare of the citizens of the Florida Keys through continued irnprmernent ancd use of' facilities at Monroe C'otnity Airports, The Board of County, Commissioners may° consider an ordinance to transmit to the State Land Planning Agency an amendment if the change is hartsed on one or n ore of the following in factors. - In Please describe how one or more of the following factors shall be met (attach additional sheets if necessary): 1) ('hanged projections (e. . regarding public service needs) from those on which the text was based The most, recent npcdated airport master plan for Key \Vest International and Florida Keys Marathon International Airports includes forecasts ol`arraticipatetl p4tsserrC-er and aircraft operational .rrtrc�th o%er the next 20-year planning,period.-rheas updated aeti'v aN,' proie°ctiorrs result in Updated facility demand and often new or expanded facility requirements to meet tdre current and projected demand m er the 20-ti ear plannin4( Packet Pg. 2240 Q.1.j horizon.The neN%or expanded facilities required to meet the demand projections are outlined in the updated airport master plan and on the Airport Layout Plan (ALP) for cash airport. The proposed comprehensive plan text amendment will nli n CoUtm development and environmental revie"v requirements xvith existing federal and state requirements that Monroe County airports must follo", For the development of public airports according to the:approved ALPs.thus rernovinl Current coraflictil-W guidance between federal, state and local standards. 0 2) Changed assumptions (e.g. regarding demographic trends): N Monroe County'has witnessed sionihcaant growth in tourism in nearly all areas of the Florida Keys. Tourism traffic travels to the Florida Kev's through three primary methods, by car along US IIighNv ry 1 (II S. I), ley' air utihZin ) one of the tGvo Monroe County airports or by boat (either private vessel or cruise ship). Of these three, vehicle traffic and air traffic have increased the most in recent }cars and are anticipated to continue to t;roNN further. Continued oro��th ofvehicular°traffic oil U.S, I will continue to further-strain and overload the limited capacity of the hioli ay, increasing congestion and dela\s fen-Monroe County citizens. � The development and expansion of aeration and related facilities at the County's public airports. in � accordance \%ith federal and state la,.v, xvill support the tounsaaa econorny of the Florida Keys, relieve increasing traffic and congestion on US I, and enhance the public health safety and welflre of Monroe County citizens. The proposed comprehensive plan text amendment Krill align County development anti — environmental re%ierr requirements with federal and state requirements for the safe and efficient operation and development of`federally funded public airports er ithin Monroe Coaanty. CL 0 4) New issues: The Key West International Airport and Florida Keys Marathon International Airport are public airports LO that operate under strict federal and state requirements. Public airports that receive federal lundin y from the FAA and must comply With operational safety requirements and compliance directives, development restrictions, and environmental protection and mitigation r-etlnirernents, as set forth in the Mode of Federal C44 Regulations (CFR) Title 2 Grants and Agreements and Title 14 Aeronautics and Space, and all referenced � and implementing fuidance includint- National I;nrirrm cn ental Protection Act (iSET.^r), Airport Improvement ProLgana, Part 1-19 airport Certificaation. and all applicable Orders, Advisory Circulars and Prograrn Guidance Letters (PGL). Further, both public airports rec:ek e state funding from the Florida Department of Transportation (FlyO )and must comply %%itla all applicable. Florida State Statutes, including Title XXV Aviation, Chapters 329, 3A 331, 332 and 333. Current policies, as written in the 2030 Monroe CoLrrat4 Corrrprehensive plan, create conflicts "pith federal and state requirements for the safe operation, development and expansion of public use airports to ricer anticipated demand for activity and should not apply to the Ivey West International Airport and the Florida � Kevs Marathon International Airport clue to the overriding public interest for the development and expansion of aviation and related facilities. as these facilities support the economy, of the Florida Keys, relieve increaasin4 traffic and congestion on U.S. 1. enhance public health. saafi;ty and welfare, and are required to comply frith federal rand staate requirements for the safe and efficient operatic`>n of federally funded public airports rr ithin Monroe County. _.._ ee..____ _ _.___......_ 9 Packet Pg. 2241 Q.1.j Existing Comprehensive Plan Text GOAL 501, Monroe Count, shall provide aviation facilities in a manner that maximizes safety, convenience, economic benefit, environmental compatibility and consistency emh other elements of the comprehensive plan, including exercising its planning and land use authiarities crn County-owned airport properties v flhin incorporated areas of the County. [F= S. § 163.3177(6)(b)3.b.] Ot3 jective 501.1 Because of the Florida Keys unique nature as an archipelago, Monroe Coarntw shall promote the preservation of existing airports, airstrips, and related activities, ar oliev 501.1.1 N .Monroe County shall maintain aviation related land uses ad,jace.nt to the public airports and additionally prohibit intrLISiorl into all airport zones, m Poliev 501.1. Monroe County shall continue to prohibit sti-LICtures and activities that interfere ewith the operation of aircraft at airports and airstrips ��hether public or private. Such structures and activities include but are not lir1rited to tall striletures, smoke, tall trees, and electromagnetic CL radiation. U Policy 501.1..3 Mom-oe County shall consider adopting all ordinance repulatin+g incompatible asses such as the — operation of ultraliIghts, balloons. parachutes, bites, banner tm\ingy, model airplanes and similar LO actin ities within the proximity of the public airports or private airstrips to the extent legally pclss'ble, CD CD cv Policy 501.1.4 � Monroe County shall colitiFIue to inlude existing airports and airstrips in airport land use districts than only pertnit airport related land uses imlurling these the County o�rns and operates within incorporated areas Of the County. m Policy 501A.5 Monroe County shall errcc}rlra,:,e the development of aviation facilities and activities that rehee e the traffic on U.S. I Or serve is an alternative to t_I,S. 1 as a means ofdelit"erinp woods and � ser\ices to the COMM Lill it). Policy 501.1.6 Monroe County shall prcr\isle space at prablc sirllorts to a rr"ide variety of aviation acti\ities in order to provide a xvide variety of services to the comintinaN Policy 501.1.7 figure 6-2. "Key West Airspace flail" and Fi+)ure 6-3„ "I'lorida lie%s Marathon Airport" Airspace flan, in the'feelln cal DOCIIIrlent Of this flan,are hereby incorporated by reference. Objective 501.2 The expansion of existing or nee\ airport and airstrip facilities shall be coordinated ith the frlture Bind LISe. coastal rnanaI)e171e1lt, and COIISer"tatio n eldilentS. ¢ Policy -501. .1 w_.. .......... ... Q Packet Pg. 2242 Q.1.j The development and expansion ofaat iation and related facilities shall he consistent ttith the future; land use, coastal management, and conservation elements. Polio, 501.2.2 The Marathon and Ke) West airports shall be expanded to he consistent tt ith the needs identified ill tine updated master plan as aapp-ot ed by the Board of Count, Commissioners. [1-.S. 163. 177(6)(l )l.] Police SCtl.2.3 ' N De) elopment activities to construct or expand airport or airstrip facilities shall not take place in environnientaliv sensitize areas unless a viable alternative is not available. Mitigation and restoration Shall occur alien there is no other alternative than to distnrh environmentaliv sensitive areas. .N Objective 501.3 � Airports and airstrips shall operate ill tine manner to ma`tirrnir.e saafet\ and least adverse impact can the: E coanrnaaralty°. _ c Policy, 501.3.1 — moraroe County shall maintain the existing hammock aloe, Aviation boulevard as a buffer beteveen the Marathon !airport and the residences to tlae north. CL Policy 5{}1.3.2 c N'lonroe Count', shall maintain and update. the Kev West International and Marathon Noise Exposure Maps and implement measures to minimize the; adverse impacts of noise can the; surrounding community,. LO Polie 501.3.3 cv Facilities at public: airports shall be built to a-neet or exceed federal. state. and local safety C44 regulations as applicable. m Objective 501.4 Monroe Counts shall coordinate surllace transportation access to existin(a and nett/public airport � facilities to ith the traffic circulation sN stern sheave on the traaflic circulation reaps. Police 501.4.1 Expansion ofairport or airstrip fiacilities or proposed facilities shall be coordinated with the: m necessaar exparasic7ns to the: traaffic circulation systern b requiring the. aaccess pointy; to highttaays to be bUivlt to minimise ad\erse impacts on traffic:. operations. � Polies° 501.4.2 Access points to public: airports shall be 1?uilt to the specifications off lorida Department of _ Transportation and Monroe Como I'uhlic Works Ili,,ision, as applicable. Objective 501.5 111 Monroe ConntV Shall Coordinate all aaw iaaTion or related facilities "ith tine plans ofthe Federal Ax,iation Adr-rainistraation. military services, resoaarce planning and naaanaapennent plan prepared � pursuant to Chapter 380, Florida Statutes and aappro\ed b4 the Governor and Cabinet_ the Florida � Department of"fransportation (l`DO T) Di irict Six T'ilv-Yeul- Tranvolva ,,thin PhIll, , and the Continuing Florida Aviation System planning process (Cf 1``SPP) aas adopted. � Police 501.5.1 ..........—......------ _. 1.1 Packet Pg. 2243 Q.1.j Monroe County shall continue to participate in the development of the (r'DOT) Di.wrict Six Five-Year Tr°rrrtspori ation f 14m, and the ' ASPII Policy 501.5. Monroe Coutitv shall continue to maintain and update at master plan, and the Airport LawLit flan for each paablic airport pursuant to the r'aales of the Federal Aviation Administration. [F.S. § 10 3177(6)(b)4,] PolieM 5011.+.3 ' N All dc�elopnaent on and expansions c7fexistino public airports shall be cone in accordance v ith the updated Master Plan of the airport and shaalI be subject to all applicable policies of this Plan � and the County Land Dc\cloparaent Code. [F.S. § 163.E 177(6)(b)4.] Policv 501.5.4 N N-loraroe Countti shall coordinate expansions and operation of the Key West airport itla the U1 S, Naav\ e � Policv 5013.5 Monroe County shall seek joint use Ofthe Boca Chica Naval Air Station or its preser�ation as a public airport if the I1.S. Navy ceases to operate the base. 0 CL Objective 501.6 u Access routes to airports or related facilities shaalI be intei raated k�ith ether modes of surface transportatioa1. �C Policy 5111.6..1 L Mona�oe Couratti Shall prop,ide space at public airports 16r surface transportation including but not limited to buses, limousines, taxi cabs. automobile rentals, and parking, ofpri\ate cars. cv cv Objective 501.7 m� `Fie publicly, owned airports shall be Financially supported Withoaat rtcluil-mg the support of"cnend property taxes. Policy 501.7.1 Monroe Caaunt),' shall to ork aw ith the Florida Department.of`l raansportation and Federaal A\ iation Adirilaustraation to secure airport improvement oraants; Objective 501.8 All setA ices to the public shall be pro\idea at the lov ust cost possible by encouraging business cotnpetitioaa. 0 Policv 501.8.1 0 'rile n ana ocr of each public airport shall control surface transportation to assure adegUate access to all companies and modes of transportation and thaws encourage co mpetiti011. _ a- Policy 5,01.8.2 Munroe C ount� shall seek to ha%e at least three airlines operaatino at coach paalrlic airport. Policy --,01. .3 Monroe CountN shall consider the cost to consumers of goods and sen ices N laen considering the rssuancc 01'11101aopoll,4tiC coracesslclns at ptrbhc aarrp3rts. 2 Packet Pg. 2244 Q.1.j Proposed Comprehensive Plan Text Amendiments GOAL 501 Monroe County shall provide aviation facilities in a manner that maximizes safety,.. convenience, economic benefit, environmental compatibility and consistence v,;ith ether elements ofthe comprehensive plan, includin- exercising its planning and land use authorities can County-owned airport properties � ithin incorporated areas of the County. 0. [F.5. § 163.3177(6)(b)3.b,J Objective 501.1 Because of the Florida Kev's unique nature as an archipelago, Monroe: C ouraty shall promote the preservation of existing airports, airstrips, and related activities, Policy 501.1.1 N Monroe C'OnntV shall naairatain ax id.rtion related land uses adaacent to the public airports and additionally' prohibit intrusion into all airport zones. m Policy 50 1.1. a Monroe County shall continrte to prohibit structures and activities that interfere "ith the operation of aircraft at airports and airstrips %%hether public or pri\ate. Such structures and activities inchrde but are not limited to tall structures, sirio Ee, tall trees, and electromagnetic radiation, CL Policy 01.1.3 Monroe Comm, shall consider adopting an ordinance regulating inc:onapatible uses scrch as the operation 0. Of Ultrahvlats. balloons, parachutes, kites, banner to\\iiiL,, model airplanes and similar activities v ithin til proxIIII t, of the public (airports or private airstrips to the extent let,�ally possible. LO Policy 501.1.=4 Monroe County shall continue to include c.xistinc, airports and airstrips in airport land rise district; that i only permit airport related land uses including; these. the C0UJIte o\xns and operates ""thin incorporated areas of the Courrty o Policy 501.1. 2 Monroe County'shall encourage the development of a\iation Eacilities and activities that relieve the trtaftIc 0. can US I or sere e as ran alternative to U.S. I as a means ofdeliverinu-rods and services to the community. Policy 501.1.6 Monroe CAorrrrty shall pre>vidc space at public airports for a wick variety of av iation actix ities in carder to provide a et ide variety of'scry ices to the communitw. 0 Poliev 501.1.7 0. 1-gt,r" ' .he most recent irpdawd "Key West - irsp e International ty �r.�_�.wri�0t11 plan"' <and =i a-w °— f 4; "Florida Kexs Marathon International A irpor t I-a Oftt,Plalr' .`4r ~ -P-haft, asap,prcrer rl by the Board U- of C ouno,,C.omn-Jss; oner in tl r i al 1 a rrrrt €t- rl (ri p1°r, rare hereby incorporated by reference. Objective501,2 � The expansion of existing or neN\ airport and airstrip facilities shall be coordinated with the future land use, ccaastal naarrat carrcrrt.alyd ccanscr\atrcan elcnacrats rand t11 IptI[jcable f der aI�aml strate r gir rrr�aa s (rrr c�peratrcaa CIev .lcrprrmnt aynd rnxir�rtrrncnttfl 1>rc����irc�l.t c�f,federalN obligated arrpc�at,, e( 13 Packet Pg. 2245 Q.1.j Policy 501.2.1 The development and expansion of aviation and related facilities shall he consistent with the future land use, coastal mana0ement and conservation elements as CrUtfined herein. The Kev West....International Airport and Florida��evs Marathon International Airjxyt are public stir}port: that receive fcdcrtal lundinv, front the Federal A, Iat€t,rt_t Administration and ITILIst Corripj �r€tll OK lJonal safet� r crr€�� rn�;r�S rand c r� p anc�e �9 ��YLt�r��.� ���1���€menf restrtetions- and environmental protection 0 . and tatrtiOatticon; rcctrcquire€� e t ��s..._set forth in the Code c��.._of led r_al ��.��p��l�ft'OnS_(.t...l.R) itl 2 Grants and � ark�§_ta eats ar€d'f itle 1,1 A rf,.ormLitic Sao.f..:..`p,!t .,..gncl...a.1,l referenced ttf�l a€,tl�l,ta�a�iattlt�O,tr€dna,nce including; Isfaatid. nal fr vironnferataal Prcotectic�n ,"ac_t��l�r, ��9_."�i c,ayt Iraa��qr r°cat�wrtE �'t�=�rttrr.. .Prit 1,9...... Ceitifiicat.ion,._and all applicable Orders,_ Ask.,iscorN C:racr.ala€.r°s and f'rogyraam CiUidaflCe Erbil"" b t.lt. r1F,ktc aat'.fao_orTts__receive state fnardi m fl oin the_f Florida Def,aar=taraent of'Transportation and ust caaa i ]a Florida � ,raatCs. hI IIHI Itl _ ...Aviatrt, 01,.3te �. _. .. :,s tla , N jjte jir(.w asicatas,wjthin Policy 1.02.1 1 [Plow 20 :Pol Icy.. (t.L 2 2. Polir;v 204 13, and Potic; 204 2 A � shall not to the Ke) West lrtternaationaaI it ort and the Florida a:f�e s Marathon International �"ai�r�ott 0. dUe to the roverrridiara faritli. interest for the dev lcrlarnent and ex nsion ofarviartion and related facilities including f'crr inL,_ ,l tlLcs,e,jjr,!jijic airports to ayctppo die ecorronis, of the Florida lie s, relieve increasing traffic and c4,ra tsticasa can f,l . l=and.tr ;rah it rw..f tt[ mo' y rrha " CL r tt rcxra._...ctt` aviation and related I,t rlats,,.sa? .1i3 sc ....11`ltlic...curports rnav . 1;1tr 1 tr('—V'd r3 'he u irat reo rrae t 0 Are consistent with the most resent aadopterf ALgcort M, ster l'1_aan and fir, t f at�c.rtat 1'laarr 0 Meet federal ndrats set forth by the FAA for airports than receive fied raal rands, for airport LO ooer4atiuns and a eve4rat)[lie.rt3,. Corm l'r with all arks li al2k.._l�rt��arland state )ertaart'aaartl'aror€eaatio n rec:►trarcments_ includigg in tiCoggtion for r rra trfataanr�rt._al a.ttr tits and � Meet Monroe Caat,ntV Coin I- h Elsa e loltaaa goads,tol'ecti e , and policies to Me ext"_a tItL,-(mjk(wbje, ,jve�retl federal and state robhuat,knis to enlran q, tlac c ttalrto Of 14`Cn`'itdre the saaiety of �- COLDIh, ao sacl nts aancf aaso rot s aracl rctte�t r rha<,l,le aaratur rl resources. F'or deyelool,rt,ttrt sit. the Key West lltternat,ion 11..Airport aand the Florida Keys Marathon International .2 f1 r r1t t}1l m..lrrrlrr`r`..str ,ersecfes wetland yestrictioras._fttr �tlrtrf_.�f a :.._rrct,ilt rare€ate, r str�ictiocas rail fill or 0. irlaa itlr in avt tlaararls, and Cncirw rratc, for it=tOLIt h anv wetlands or water bo(lics within tlae land development code. Policy 501.2.2 The Florida Ke s Marathon hater naational irriort and Ke), West rr€f-pea ltaternaat_k-mal Airport shall be expanded and itr, roved to he consistent `with the needs identified in the Most reCerrt Updated { neat 0 Master Plan aarac3 Ai oct I ,aN out_Plan aas aalalaroo\eel b the Boa rd cof- C,'t'ounty Commissioners. [1°.S� § 16 3.31 7(6)(h)4,] _ The KeN West Irate r n aflonatl Airl ort and l;to icla,K v s..Marathon lmr_tt.-.rmttatrr_n al 14n Or ope3raate under strict fiederaal and state recLg.ir_errrent; ararl rtat€St_fi.ollr.sW_ran eXtCLJ,S,rv�_ starw�ss lc r_rfL,cl ato,_.Kevie and_rrrrrrrrA rcavarl tI1,_g -Arp 1 .... stgtt Plain and 'airport_ LavOLA Plan to ensure these reclatirenrents are tenet. This m eratsa ail, €7 r t_l l a.rtaaira l rc> es, r � rr ._.E_ r_ frr to t ra vears,.and taarlrr _ji.bIic f• slera , trat� state €wa, c a i sv c f'tlac r,taf«secl..f ritrte ctc:t .ir>fa jent at cash a_, r4p Lt. `the ta��aterl t ,rl ort Master- Plan sand airl,caa`t LaNOUL 1'9ras s_.( I Via) i aaa trrovedi by tlar��.r A,aa.s arc ll as tlat._=€1coard ofCourity C...atr missiontrs at a tarrlalic meettt7g�_ ....................... ... 14 Packet Pg. 2246 Q.1.j Policy 501.2.3 If I d velopril nt activities to construct or expand airlaor~i or airstrip facilities -,dm4-aaot take place in clivironmentaliv sensitive areas rarrl a and no other viable alternative is fiot available,Mrnitioation and restoration skill be„'tda ?a€�sf � - _co (rara 4cs l clet ai, ar,c state. ^alrtrttl t l att, twients o -1'ef, ~- ,i rat? ;-rr' a�tllr= lira ter-t�i�t��rl'�.l €� sF�atrn-�na�tr�l~1 - i.t �..T�r Objective-501.3 Airports and airstrips shall operate in the manner to maximize saafety and least: adverse impact on the communitv.. N Poliev 501.3.1 Monroe County shall maintain the existing harnmock along Akiation Boulevard as a buffer betty een the Marathon Airport and the residences to the north. N P'ol►ev -01.3.2 Monroe County shall maintain and update the Key West International and Marathon Noise Exposure � maps and implement measures to minimize the adverse impacts of noise on the srar-14011nding cornnauriity'. 0. Policy°501.3.3 0 Facilities at public airports shall be built to naeet or exceed federal, state, and local safety rev>at.rlations as CL applicable. c, 0 Objective 501.4 _ Monroe County shaall coordinate surt'ace traaaasportat loll access to existin4,a, and new public airport facilities vv ith the traffic circulation sN steam shore n on the traffic circulation rnatps. LO Poliev *501.4.1 cV Expansion of airport, or airstrip f<acilitics car proposed ('acilities shall be coordinated v,'ith the necessary C44i expansions to the traffic circulation systena by recduirinO the access points to hlgh%ka\s to be built to m minimize adverse impacts can traffic operations. Poliev 301.4.2 � Access points to public airports shall be built to the specifications offlorida D partrrrent of Transportation ranportation and Monroe C'01.411t�' Public: Works Division. as applicable, Objective 501.5 E Monroe Count% shall coordinate all aviation or related facilities with the plans of the Federal Aviation � Administration, military services. resource plaamrino and managernent plan prepared pursuant to Chapter 380, � Florida Statutes and approved by the Governor band Caabina the Florida Department of"I'ransportaation(FDO]") District .Si:a: 1 ive-f eev- %f°crtrSPol"tcarr017 Ilan and the Continuing Florida Aviation System planning process (C"I=ASIT) as adopted. Policy '501.5.1 Monroe Count, shall continue to participate in the development of'the (1-'DOT) District Six I`ve-)"ear l r•craasl')Ortcation Man, and the CFASf'P. ai Polio° *-501.5. Monroe C`C:1uM shall coaatincae to a'raaaintaain and update a master plain, and the Airport Fa\out Ilan [crr each public airport pursuant to the rules of the Federal Aviation Administration. [F.S. § 163.3177(6)(b)4.] . ..-_. _ __ _ _ _ .........._. ......... 1 Packet Pg. 2247 Q.1.j Policy, 501.5.3 .All development can and expansions of existing public airports shall he done in accordance with the most recent updated Master Plan and ir�p��r I �€wOLu Plan of`the airport and shalI be subject to all applicable policies of this Plan and the COLJIItN Land De%relopment Code. �F.S. § 167.3177(6)( )4.] S c Policy, 501.5.4 Monroe Corrrit shall coordinate expansions and operation of the Key 'Nest airport k ith the US Navy. Policy 50 1.5e3 N Monroe Cotrr"rt1 shall seek joint use of the Boca Cluca Naval Air Station or its preset-vation as a public airport if the U.S.Navy ceases to operate the base. .N 2 0. L. 0 CL r cv CD cv i 0 LU _.._... _a._............_. .. .. _ _ 16 ___ Packet Pg. 2248 Q.1.k Exhibit G Species Assessment Guides for the Eastern Indigo Snake, Keys Tree cactus, and the Stock Island Tree snail: c 0 N .N CD 2 0. 0 CL 2 CL CL LU BOCC SR File No.2020-145 Packet Pg. 2249 Q.1.k Eastern Indigo Snake Species Assessment Guide July 29, 2013 The U.S. Fish and Wildlife Service's (Service)FEMA Biological Opinion (BO) dated April 30, 0 2010, and modified on December 14, 2010,identified 14,413 at-risk parcels,representing 14,960 acres,intersecting habitats that may occasionally be used by the threatened eastern indigo snake (indigo snake;Drymarchon corais couperi)in Monroe County. There are at-risk 10,921 acres and 10,711 parcels in unincorporated Monroe County; 1,406 acres and 1,433 parcels in Islamorada; 20 acres and 112 parcels in Key Colony Beach; 703 acres and 433 parcels in Key West; 1 acre and 6 parcels in Layton; and 1,910 acres and 1,718 parcels in Marathon. The BO also identified an y additional 8,580 acres of at-risk lands outside Monroe County's parcel layer not subject to the Rate of Growth Ordinance program. E The at-risk properties were determined by overlaying the County's property parcel layer onto the a. County's 2009 land cover boundary maps (Monroe County 2009). The County's land cover boundary maps included 13 land cover types. Developed land,undeveloped land,impervious 0 surface, and exotic are considered non-native land cover types. Hammock,pineland, scrub c- c, mangrove, freshwater wetland, salt marsh,buttonwood, mangrove, and beach berm are considered native land cover types. The water classification is also considered a native cover type. The minimum mapping unit for land cover polygons was 0.35 acre for hammock and 0.5 acre for all other < cover types. The County's boundary map land cover types containing suitable habitat for the indigo snake include undeveloped land,hammock,pineland, exotic, scrub mangrove, freshwater wetland, salt marsh, buttonwood, mangrove, and beach berm. E Species Profile: The Florida Keys are on the extreme southern end of the indigo snake's range. The indigo snake population in the Florida Keys is very small (Cox and Kautz 2000). Verified <C observations are rare and scattered; the latest was in 2009 on Little Knockemdown Key (Service 2010). In the last several years,three unsubstantiated observations of the indigo snake were reported, two on Grassy Key (City of Marathon) and one in the Village of Islamorada(Sheahan 2006). Indigo v) snake surveys were conducted on Big Pine and No Name Key in 2006 and 2007 (Schmidt et al. 2008) and, although 27 species of reptiles were noted(973 total observations),the indigo snake was not observed. CL The Service issued a Section 10(a)(1)(B)Incidental Take Permit (ITP)to Monroe County,Florida Department of Transportation, and Florida Department of Community Affairs (applicants)in June 2006 for adverse effects from development on Big Pine and No Name Keys. The ITP authorizes take of 168 acres of suitable indigo snake habitat. The take will be incidental to land clearing for development and recreational improvements. The Service issued the ITP to the applicants based c- upon their development of a Habitat Conservation Plan (HCP)that sets guidelines for development 0 activities on Big Pine and No Name Keys to occur progressively over the permit period(20 years). u'�o The HCP provides avoidance,minimization, and mitigation measures to offset impacts to covered species,including the indigo snake. Mitigation includes the protection of three mitigation units for E each development unit of suitable habitat within the plan area. Packet Pg. 2250 Q.1.k Eastern indigo snake Species Assessment Guide Threats: Although the species may occur in all referenced habitats,it is suspected that they prefer hammocks and pine forest,because most observations occur in these habitats disproportionately to 0 their presence in the landscape (Steiner et al. 1983). In the Florida Keys,the primary threat to the indigo snake is native habitat loss and fragmentation due to development. Residential housing is also a threat because it increases the likelihood of indigo snakes being killed by property owners. Assessment Guide: In order to provide assistance in assessing threats to the indigo snake from a given project,the Service has developed the following guidance and recommendations that,if implemented,will minimize adverse effects to the indigo snake. If the use of this guide results in a determination of"no effect"for a particular project,the Service supports this determination. If the use of this guide results in a determination of"not likely to adversely affect" (NLAA),the Service concurs with this determination and no additional correspondence is necessary. If the use of this guide results in a"may affect" determination,the acreage of impacts will be subtracted from the take 2 0. limits provided in the BO and/or the HCP. This guide is subject to revision as necessary. E 0 A. Parcel is not in the species focus area and/or on the Real Estate (RE)parcel list............no effect CL Parcel is in the species focus area or on the RE parcel list.................................................go to B B. Parcel is on Big Pine Key or No Name Key........................................refer to HCP for coverage �-- Parcel is not on Big Pine Key or No Name Key o to C C. Parcel contains the indigo snake's native habitat (i.e., hammock, pineland, scrub mangrove, freshwater wetland, salt marsh,buttonwood, mangrove, or beach berm)........go to D y Parcel contains only non-native habitat(undeveloped land or exotic)...............................go to G D. The proposed action will not remove or modify the indigo snake's native habitat............go to G �—, The proposed action will remove or modify the indigo snake's native habitat..................go to E W E. The property is within a developed subdivision or canal subdivision and the area 2 within 500 feet of the parcel is greater than 60 percent developed or scarified............go to G c. The property is not as above.................................................................... go to F F. The applicant has proposed either on-site or off-site habitat compensation* commensurate with the amount of native habitat lost, has received a copy of theCL Service's indigo snake protection measures (attached), and has agreed to implement the t9 measures and post the information sign on-site. Signed verification of this is in the LU permit file maintained by the NFIP participant community. Permit with indigo snake F protection measures and habitat compensation* ...................................................................NLAA July 29, 2013 2 Packet Pg. 2251 Q.1.k Eastern indigo snake Species Assessment Guide The applicant will not agree to the indigo snake protection measures, is not proposing habitat compensation* or the proposed habitat compensation* does not meet minimum 0 compensation requirements.......may affect, subtract project footprint from authorized Take** 0 G. The applicant has received a copy of the Service's indigo snake protection measures N and has agreed to implement the measures and post the information sign on-site. Signed verification of this is in the permit file maintained by the NFIP participant community. Permit with indigo snake protection measures...............................................NLAA Not as above..............................may affect, subtract project footprint from authorized Take** m *Habitat Compensation The minimum recommended habitat compensation is replacement of lost vegetation through E protection or restoration of habitat, and/or monetary contributions to accomplish the aforementioned activities, according to the participating community's land development regulations. The Service has CL reviewed the following participating communities' Codes of Ordinances governing habitat compensation and found them to meet minimum recommended habitat compensation: Monroe 0 County,Part II, Chapter 18, Sections 118-2 and 118-8; City of Marathon, Article 2, Chapter 106; Village of Islamorada,Part II, Chapter 30, Article VII, Division 4, Section 30-1616; and Key West, Part II, Subpart B, Chapter 110, Article V, Section 110-223 and Section 110-225, and Article VI, Division 2, Section 110-287 and Division 3, Section 324 and 327. The cities of Key Colony Beach and Layton were determined to not have ordinances that meet the minimum recommended habitat compensation. If the participating community proposes to modify the habitat compensation requirements of their ordinance, additional review by the Service will be necessary. E If habitat compensation is being provided in excess of the minimum recommended,the Service may consider the additional compensation as a credit to the not-to-exceed habitat acreage losses referenced in the BO. To be considered for credit,the compensation must be like for like habitat compensation and credit will be granted at half value. For example,if 4 acres of additional compensation are provided,the credit granted would be 2 acres. This partial credit is considered v) appropriate as existing vegetation currently provides benefit and the credit vegetation may not provide the same habitat benefit until later in time. 0 a. **For projects where take is subtracted,the participating community shall transmit a list of parcel numbers and acreage of take to the Service quarterly. Monitoring and Reporting Effects CL For the Service to monitor cumulative effects and to track incidental take exempted for the indigo snake, it is important for FEMA and the NFIP participants to monitor the number of permits and w provide information to the Service regarding the number of permits issued. In order to meet the reporting requirements in the BO,we request that FEMA and/or the NFIP participants send to the E Service an annual database summary consisting of: project date,permit number,project acreage, native impact acreage, amount of acres and/or number of trees/plants replaced as habitat compensation, and project location in latitude and longitude in decimal degrees. July 29, 2013 3 Packet Pg. 2252 Q.1.k Eastern indigo snake Species Assessment Guide c Literature Cited 0 Cox, J. and R.S. Kautz. 2000. Habitat conservation needs for rare and imperiled wildlife in Florida. Florida Game and Freshwater Fish Commission, Office of Environmental Services; Tallahassee,Florida. Duquesnel, J. 1998. Keys invasion by alien lizards continues. Florida Department of Environmental Protection,Florida Park Service, Resource Management Notes 10(l):9. Monroe County. 2009. Geospatial Land Cover Dataset of the Florida Keys. Photo Science, Incorporated. St. Petersburg,Florida 2 E Schmidt, P.M., R.R. Lopez, R.N. Wilkins, and N.J. Silvy. 2008. Recovery Permit#TE125517-0 Final Report to the U.S. Fish and Wildlife Service, Vero Beach,Florida. "CL " Sheahan, B. 2006. Personal communication. Senior planner. Village of Islamorada,Florida. 0 Steiner, T.M., O.L. Bass, Jr., and J.A. Kushlan. 1983. Status of the eastern indigo snake in southern Florida National Parks and vicinity. South Florida Research Center Report SFRC-8310 1, Everglades National Park; Homestead,Florida. C7 U.S. Fish and Wildlife Service. 2010. Eastern indigo snake observation; Little Knockemdown Key. Email and photo provided to KDNWR, Big Pine Key, Florida. v, 2 CL CL July 29, 2013 4 Packet Pg. 2253 Q.1.k Eastern Indigo Snake Protection Measures It appears that harm to the eastern indigo snake occurs primarily through construction accidents,vehicular strikes, and habitat loss and/or degradation. These adverse effects can be minimized by maintaining a careful Q watch during construction and when traveling onsite to avoid killing snakes. In addition,protecting burrows and leaving native vegetation as refugia onsite for indigo snakes displaced by construction activity can benefit a this species. The eastern indigo snake is not likely to be adversely affected if the following measures are implemented for the project. 1) Burrows and onsite native vegetation should be protected. If such habitat must be disturbed, limit disturbance to a minimum and improve remaining habitat through exotic vegetation removal. Maintain E native vegetation onsite as refuges for the snake. 0 2) Clearing and grading activities should be performed outside high activity months (June to November). Winter months (January to March)provide the best opportunity to initiate and complete construction activities that will not impact this species. CL 3) Post informational signs containing the following information throughout the construction site and along 0 any proposed access road: a) A description and picture of the eastern indigo snake,its habits, and protection under Federal Law; b) Instructions not to injure,harass, or kill this species; c) Directions to cease clearing activities and allow the eastern indigo snake sufficient time to move away 5 from the site on its own before resuming clearing; and, t? d) Telephone numbers of pertinent agencies to be contacted if a dead eastern indigo snake is encountered. E Other useful educational materials may consist of a combination of posters,videos,pamphlets, and lectures (e.g., an observer trained to identify eastern indigo snakes could instruct construction personnel before any clearing activities occur). v, m 4) Monitor eastern indigo snake activity onsite. Report any eastern indigo snake observations that occur 0. during project activities (see monitoring report below). Document with photograph,if possible. If large ) snake skins are found,they may belong to an eastern indigo snake. Skins can be collected and sent to the W Service's South Florida Ecological Services Office (attention: Monroe County FEMA Biologist,U.S. Fish 0 and Wildlife Service, South Florida Ecological Services Office, 1339 20th Street, Vero Beach,Florida c' 32960) for positive identification. Provide information on the date and location collected. Monitoring Report: A monitoring report should contain the following information: location, dates, and times for any sightings of eastern indigo snakes. Also include the results any of burrow searches and observations. E If a snake is encountered during a burrow search,then a description of the outcome for the snake is needed. W Document by photograph,if possible. Was the snake left in an intact burrow? Was the burrow excavated? If 0 so, did the snake leave and where did it go? A site map with sighting locations marked would be helpful. If an indigo snake is observed onsite a copy of the report is to be sent to the Service at the address listed above within 60 days of the conclusion of the project. Dead,injured, or sick animals: If a dead,injured, or sick eastern indigo snake is found onsite,notification should be made to the Service at the address listed above. Secondary notification should be made to the et Florida Fish and Wildlife Conservation Commission; South Region; 3900 Drane Field Road; Lakeland,FL 33811; Wildlife Alert Number 1-800-404-3922. Packet Pg. 2254 Ul } 8ua n®a wi JOB Oda' ) s p!n 4uewssessV sop sopedS ss83OJd ' as Ia 4!wJ •x :4u8ua 3 }} ,O ,ac LO p N cc ^O O U y^ cC y 64 p ct ct U >It O O M, ,�' � �r N ,� � O L'r � � ¢r�•+ L'r M U ,� .� V�"i M L'r O s0-i O y U v� �'" ,�U+ U C •�� '� s0-i 'c�--� :.� Vi CC cH it •.� M.. ¢r O d N U � � � O ���-' � ice. •�.'� � •� � � � �'' i. vOi U 00 O bA� ^^"' C cC ^z3 W s� U ^zs U cc cc � ^zs H � � '� •� _� N O S3 c N n >, 00 00 "d >, O C, ~ ,il i-•1 >1~ O N O m E O bA 141 0 O O n r c� o ° x >, � � - g ° o 0 .0ct `° O Oct o v 00 t on o + � r W U ct W - �u >, Cc) Q.1.k Key Tree-Cactus Assessment Guide July 29, 2013 c The U.S. Fish and Wildlife Service's (Service) FEMA Biological Opinion (BO) dated April 30, 0 2010, and modified on December 14, 2010, identified 5,607 at-risk parcels, representing 2,322 acres, intersecting habitats that may support populations of endangered Key tree-cactus (Pilosocereus robinii) in Monroe County. There are 1,725 acres and 4,101 at-risk parcels in unincorporated Monroe County; 300 acres and 779 parcels in Islamorada; 5 acres and 5 parcels in Key Colony Beach; 43 acres and 102 parcels in Key West; less than 1 acre and 1 parcel in Layton; and 249 acres and 579 parcels in Marathon. The BO also identified an additional 436 acres of at-risk lands outside Monroe County's parcel layer not subject to the Rate of Growth Ordinance program. E The at-risk properties were determined by overlaying the County's property parcel layer onto the a. County's 2009 land cover boundary maps (Monroe County 2009). The County's land cover Z boundary maps included 13 land cover types. Developed land, undeveloped land, impervious 0 0. surface, and exotic are considered non-native land cover types. Hammock,pineland, scrub mangrove, freshwater wetland, salt marsh, buttonwood, mangrove, and beach berm are considered native land cover types. The water classification is also considered a native cover type. The minimum mapping unit for land cover polygons was 0.35 acre for hammock and 0.5 < acre for all other cover types. The County's boundary map land cover types containing suitable habitat for the Key tree-cactus include hammock and beach berm. Beach berm cover types were included as this mapping unit could also include small inclusions of tropical hardwood hammock. E Species Profile: As of 2009, the known distribution of this species is restricted to seven populations on four islands of the Florida Keys including Big Pine Key, Long Key, Lower Matecumbe Key, and Upper Matecumbe Key (Adams and Lima 1994; Service 1999; Maschinski 2009; Florida Natural Areas Inventory 2008). Six of seven populations are located on lands protected through acquisition or agreements (Maschinski et al. 2009). One is located on private, v) developable property currently used for aquaculture. Long distance dispersal and establishment of new tree-cactus populations are dependent upon the production of seed. However, reproduction within a single population (a clump) is mostly, if not entirely, vegetative (asexual). Seed dispersal by birds (Cardinalis cardinalis, for example) is 2 indicated for this species (Austin 1980). Given the Key tree-cactus' preference for naturally disturbed patches of hammock and the fact that these patches are subject to change as a result of natural succession and disturbance events,predicting where a new population may be found is problematic. t� The preferred habitat for the Key tree-cactus is naturally disturbed patches in hammock(Avery [no date], Small 1917, 1921). It grows only on lightly shaded, upland sites on a limerock substrate. This habitat is not common in the Florida Keys, and, furthermore, is transient in nature. The location and number of these patches changes with time as disturbed areas re-grow and new sites are disturbed(e.g., from tropical weather events). The primary cause for the cactus' rarity seems to be its rather restrictive habitat requirements. Packet Pg. 2256 Q.1.k Key tree-cactus Species Assessment Guide Threats: In the Florida Keys, the primary threat to the Key tree-cactus is native habitat loss and fragmentation due to development, although much of the suitable protected habitat is currently unoccupied. Natural disasters such as hurricanes and drought can have a significant effect. Assessment Guide: In order to provide assistance in assessing threats to the Key tree-cactus from 0 a given project, the Service has developed the following guidance and recommendations that, if implemented, will minimize adverse effects to the species. If the use of this guide results in a determination of"no effect"for a particular project, the Service supports this determination. If the use of this guide results in a determination of"not likely to adversely affect" (NLAA) for the Key tree-cactus, the Service concurs with this determination and no additional correspondence is necessary. If the use of this guide results in a"may affect" determination, then additional coordination with the Service is necessary prior to permit issuance. For projects that result in a "may affect" determination, if, after reviewing the specific project and assessing its potential effects to federally listed species, the Service determines that the project will result in take, the 2 0. Service will notify FEMA and the acreage of impacts will be subtracted from the take limits E provided in the BO. This guide is subject to revision as necessary. 0. A. Parcel is not in the species focus area and/or on the Real Estate (RE)parcel list.....no effect 0 Parcel is in the species focus area or is on the RE parcel list.................................go to B B. The applicant proposes no removal or modification of the Key tree-cactus' native habitat (i.e., hammock or beach berm).................................................................NLAA The applicant proposes removal or modification of the Key tree-cactus' native habitat(i.e., hammock or beach berm). A vegetation survey is required to document plant species and E size present prior to construction impact. A general description of the surrounding properties within 500 feet is also required..................................................................go to C y C. The Key tree-cactus is not present on the property.........................................NLAA s The Key tree-cactus is present on the property........................................ may affect ) Habitat Compensation 0. The minimum recommended habitat compensation is replacement of lost vegetation through protection or restoration of habitat, and/or monetary contributions to accomplish the aforementioned activities, according to the participating community's land development regulations. The Service has reviewed the following participating communities' Codes of E Ordinances governing habitat compensation and found them to meet minimum recommended 0. habitat compensation: Monroe County, Part 11, Chapter 18, Sections 118-2 and 118-8; City of Marathon, Article 2, Chapter 106; Village of Islamorada, Part 11, Chapter 30, Article VII, w Division 4, Section 30-1616; and Key West, Part 11, Subpart B, Chapter 110, Article V, Section 110-223 and Section 110-225, and Article VI, Division 2, Section 110-287 and Division 3, E Section 324 and 327. The cities of Key Colony Beach and Layton were determined to not have ordinances that meet the minimum recommended habitat compensation. If the participating July 29, 2013 2 Packet Pg. 2257 Q.1.k Key tree-cactus Species Assessment Guide community proposes to modify the habitat compensation requirements of their ordinance, additional review by the Service will be necessary. If habitat compensation is being provided in excess of the minimum recommended, the Service may consider the additional compensation as a credit to the not-to-exceed habitat acreage losses 0 referenced in the BO. To be considered for credit, the compensation must be like for like habitat compensation and credit will be granted at half value. For example, if 4 acres of additional compensation are provided, the credit granted would be 2 acres. This partial credit is considered appropriate as existing vegetation currently provides benefit and the credit vegetation may not provide the same habitat benefit until later in time. N Monitoring and Reporting Effects E The "take" (removal) of plants on private property is not a violation of the Act(unless State law a. also prohibits take). Therefore, authorization to "take"plants on private property is not required E under section 10(a)(1)(B)nor exempted under section 7. However, Federal agencies are required 0 CL under section 7(a)(2)to make sure that their actions do not jeopardize the continued existence of listed plants. Therefore, to monitor the Key tree-cactus populations and avoid jeopardy to the species from FEMA's actions, the Service, in coordination with FEMA, will monitor the amount of habitat impacted by proposed actions as a surrogate for avoiding jeopardy of the Key tree- t cactus. For the Service to monitor cumulative effects for the Key tree-cactus, it is important for FEMA 0 and the NFIP participants to monitor the number of permits and provide information to the Service regarding the number of permits. In order to meet the reporting requirements in the BO, E we request that FEMA and/or the NFIP participants send to the Service an annual database summary consisting of: project date,permit number,project acreage, native impact acreage, amount of acres and/or number of trees/plants replaced as habitat compensation, and project location in latitude and longitude in decimal degrees. N Literature Cited Adams, R.M. and A. X. Lima. 1994. The natural history of the Florida Keys tree cactus Pilosocereus robinii. Unpublished Report prepared for the U.S. Fish and Wildlife Service; Jacksonville, Florida. u Austin, D.F. 1980. Cereus robinii var. robinii and Cereus robinii var. deeringii. In: E D.F. Austin, C.E. Naumann, and B.E. Tatje (eds.) Endangered and threatened plant species survey in Southern Florida and the National Key Deer and Great White Heron National t� Wildlife Refuges. U.S. DOI, Fish and Wildlife Service, Endangered Species Office; Atlanta, Georgia. a� Florida Natural Areas Inventory (FNAI). 2008. Element Tracking Summary. Tallahassee, Florida. �t July 29, 2013 3 Packet Pg. 2258 Q.1.k Key tree-cactus Species Assessment Guide Maschinski, J., J.L. Goodman, and D. Powell. 2009. Assessment of Population Status and Causes of Decline for Pilosocereus robinii (Lem.) Byles & G.D. Rowley in the Florida Keys. Final Report to U.S. Fish and Wildlife Service, South Florida Ecological Services Office, Vero Beach, FL. 0 Monroe County. 2009. Geospatial Land Cover Dataset of the Florida Keys. Photo Science, Inc.St. Petersburg, Florida U.S. Fish and Wildlife Service. 1999. South Florida multi-species recovery plan. Atlanta, u Georgia. N Q 0. 0 CL CL CL LU July 29, 2013 4 Packet Pg. 2259 Q.1.k Stock Island Tree Snail Assessment Guide July 29, 2013 c The U.S. Fish and Wildlife Service's (Service) FEMA Biological Opinion (BO) dated April 30, 0 2010, and modified on December 14, 2010, identified 5,607 at-risk parcels, representing 2,322 acres, intersecting habitats that may be used by the threatened Stock Island tree snail (Orthalicus reses, not Incl. nesodaas) in Monroe County. There are 1,725 acres and 4,101 at-risk parcels in unincorporated Monroe County; 300 acres and 779 parcels in Islamorada; 5 acres and 5 parcels in Key Colony Beach; 43 acres and 102 parcels in Key West; less than 1 acre and 1 parcel in Layton; and 249 acres and 579 parcels in Marathon. The BO also identified an additional 436 acres of at-risk lands outside Monroe County's parcel layer not subject to the Rate of Growth Ordinance program. E The at-risk properties were determined by overlaying the County's property parcel layer onto the a. County's 2009 land cover boundary maps (Monroe County 2009). The County's land cover Z boundary maps included 13 land cover types. Developed land, undeveloped land, impervious 0 0. surface, and exotic are considered non-native land cover types. Hammock,pineland, scrub mangrove, freshwater wetland, salt marsh, buttonwood, mangrove, and beach berm are considered native land cover types. The water classification is also considered a native cover type. The minimum mapping unit for land cover polygons was 0.35 acre for hammock and 0.5 < acre for all other cover types. The County's boundary map land cover types containing suitable habitat for the Stock Island tree snail include hammock and beach berm. Beach berm cover types were included as this mapping unit could also include small inclusions of tropical hardwood hammock. E Species Profile: The Stock Island tree snail is an arboreal snail inhabiting hardwood hammocks of the Keys (Deisler 1987). Its historic range includes the islands of Stock Island and Key West (Voss 1976). Individuals of the species have since been relocated to other hammocks in the Keys and the mainland. Today,populations of snails occur throughout the Keys in hardwood hammocks. As of 2006, the Service had records of 27 populations, 25 in the Keys and 2 in v) mainland Miami-Dade County (Service 2006). However, for most populations, the area occupied is poorly defined(Service 2009). Survey and monitoring efforts have been limited and highly variable, and methodologies are not usually reported in detail (Service 2009). The CL Service will provide updated information to the County and municipalities on known locations of the Stock Island tree snail as new data become available. Since 2006, an additional 15 population locations have been reported. Threats: Although the predominant threat described at the time of listing was habitat destruction (Service 2009), much of the suitable protected habitat is currently unoccupied. Additional c. t� threats include: non-native predators, inadequacy of existing regulatory mechanisms, climate change, hurricane winds, right-of-way maintenance, and Key deer browsing. Natural disasters such as hurricanes and drought can have a significant effect. The snails are also faced with predation by invertebrate predators, such as fire ants (Service 2009). E Assessment Guide: In order to provide assistance in assessing threats to the Stock Island tree snail from a given project, the Service has developed the following guidance and Packet Pg. 2260 Q.1.k Stock Island tree snail Species Assessment Guide recommendations that, if implemented, will minimize adverse effects to the Stock Island tree snail. If the use of this guide results in a determination of"no effect"for a particular project, the Service supports this determination. If the use of this guide results in a determination of"not likely to adversely affect" (NLAA) for the Stock Island tree snail, the Service concurs with this determination and no additional correspondence is necessary. If the use of this guide results in a 0 may affect" determination, then additional coordination with the Service is necessary prior to permit issuance. For projects that result in a"may affect" determination, if, after reviewing the specific project and assessing its potential effects to federally listed species, the Service determines that the project will result in take, the Service will notify FEMA and the acreage of impacts will be subtracted from the take limits provided in the BO. This guide is subject to revision as necessary. 0) A. The parcel IS in a known location of the Stock Island tree snail, in the species focus area and/or on the RE parcel list................................................................................go to B 0. E The parcel IS NOT in a known location of the Stock Island tree snail, in the species focus 0 CL area and/or on the RE parcel list........................................................... ...............no effect B. The applicant proposes no removal or modification of the Stock Island tree snail's native habitat(hammock and beach berm)............................................................NLAA The applicant proposes removal or modification of the Stock Island tree snail's native habitat. A Stock Island tree snail survey and a vegetation survey are required. Once these have been completed...........................................................................go to C C. A negative Stock Island tree snail survey, following Service protocol, has been provided to E and accepted as valid by the Service (i.e., Stock Island tree snails are not present). The applicant has proposed either on-site or off-site habitat compensation* commensurate with the amount of native habitat lost. Permit with habitat compensation*.................NLAA A Stock Island tree snail survey documents presence, or habitat compensation* is either not proposed or not sufficient................................................................ may affect CL *Habitat Compensation The minimum recommended habitat compensation is replacement of lost vegetation through protection or restoration of habitat, and/or monetary contributions to accomplish the E aforementioned activities, according to the participating community's land development CL regulations. The Service has reviewed the following participating communities' Codes of 0 Ordinances governing habitat compensation and found them to meet minimum recommended u� habitat compensation: Monroe County, Part 11, Chapter 18, Sections 118-2 and 118-8; City of Marathon, Article 2, Chapter 106; Village of Islamorada, Part 11, Chapter 30, Article VII, a Division 4, Section 30-1616; and Key West, Part 11, Subpart B, Chapter 110, Article V, Section 110-223 and Section 110-225, and Article VI, Division 2, Section 110-287 and Division 3, Section 324 and 327. The cities of Key Colony Beach and Layton were determined to not have C ordinances that meet the minimum recommended habitat compensation. If the participating July 29, 2013 2 Packet Pg. 2261 Q.1.k Stock Island tree snail Species Assessment Guide community proposes to modify the habitat compensation requirements of their ordinance, additional review by the Service will be necessary. If habitat compensation is being provided in excess of the minimum recommended, the Service 2 may consider the additional compensation as a credit to the not-to-exceed habitat acreage losses 0 referenced in the BO. To be considered for credit, the compensation must be like for like habitat compensation and credit will be granted at half value. For example, if 4 acres of additional .� compensation are provided, the credit granted would be 2 acres. This partial credit is considered appropriate as existing vegetation currently provides benefit and the credit vegetation may not provide the same habitat benefit until later in time. .N Monitoring and Reporting Effects > For the Service to monitor cumulative effects and to track incidental take exempted for the Stock 0. Island tree snail, it is important for FEMA and the NFIP participants to monitor the number of permits and provide information to the Service regarding the number of permits issued. In order 4- to meet the reporting requirements in the BO, we request that FEMA and/or the NFIP participants send to the Service an annual database summary consisting of: project date,permit 0 number,project acreage, native impact acreage, amount of acres and/or number of trees/plants replaced as habitat compensation, and project location in latitude and longitude in decimal degrees. Literature Cited E Deisler, J.E. 1987. The ecology of the Stock Island Tree Snail (Orthalicus reses reses) (Say). Bulletin Florida State Museum, Biological Science 31(3):107-145. Monroe County. 2009. Geospatial Land Cover Dataset of the Florida Keys. Photo Science, Inc. St. Petersburg, Florida 2 0. U.S. Fish and Wildlife Service. 2006. Biological Opinion. FEMA's continued administration of the NFIP in Monroe County, Florida. Atlanta, Georgia. U.S. Fish and Wildlife Service. 2009. Stock Island tree snail, 5-year status review. Atlanta Georgia. CL Voss, R.S. 1976. Observations on the Ecology of the Florida Tree Snail Liguus fasciatus (Muller). Nautilus, 90:6569. m July 29, 2013 3 Packet Pg. 2262 Q.1 J Exhibit H U.S. Department of Transportation, Federal Aviation Administration, Finding Of No Significant Impact And Record Of Decision on the Environmental Assessment for Taxiway Extension, Apron Expansion, and Security Fencing Improvements at the Key West International Airport. c 0 N .N CD 2 0. 0 CL N CD 2 0. BOCC SR File No.2020-145 Packet Pg. 2263 Q.1 J 01W U.S. Department of Transportation Federal Aviation 0 Administration 0. 0 N Department of Transportation Federal Aviation Administration N Orlando Airports District Office Orlando, Florida 0. 0 0. FINDING OF NO SIGNIFICANT IMPACT AND RECORD OF DECISION W N Environmental Assessment for 2 0. Taxiway Extension, Apron Expansion, and Security Fencing Improvements at the Key West International Airport Key West, Florida March 19, 2021 Packet Pg. 2264 Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 19,2021 BACKGROUND: The Key West International Airport (EYW) is owned and operated by Monroe County (also referred to in this document as the "County" or "Airport Sponsor'). The airport is a public-use, non-hub primary airport that accommodates scheduled passenger service, air charter, air taxi, air cargo, and general aviation activities. Located approximately 160 miles southwest of Miami via State Road A1A, the airport supports local tourism and businesses and is a critical component of the local transportation network. The County is proposing to make taxiway, aircraft parking apron, and airfield perimeter fence improvements to enhance operational efficiency and safety at the airport. The proposed improvements include extending Taxiway A to the end of Runway 9-27, expanding the commercial and general aviation aircraft parking aprons, and relocating 0. and improving a section of the airfield security fence. Because the proposed improvements require federal actions by the Federal Aviation Administration', an Environmental Assessment (EA) was prepared by the County for the FAA's use in CIL complying with the requirements of the National Environmental Policy Act of 1969(NEPA), Council on Environmental Quality (CEQ) regulations implementing NEPA2, FAA Order 1050.1 F, Environmental Impacts: Policies and Procedures, and FAA Order 5050.413, NEPA Implementing Instructions for Airport Actions. '✓ This Finding of No Significant Impact (FONSI) and Record of Decision (ROD) provides the FAA's environmental determination, approval, and conditions for agency actions E necessary to implement the Proposed Action. This FONSI/ROD is based on information and analyses contained in the attached Environmental Assessment for Runway and 0. Taxiway Separation Improvements, which is incorporated by reference, and other related documents available to the agency. The ROD is issued in accordance with CEQ regulations at 40 CFR §1505.2. PROPOSED PROJECT: Based on the needs described in the EA, the Airport Sponsor has proposed the following airfield development projects at EYW: • Extend parallel Taxiway A approximately 274 feet to connect with and provide direct access to the west end of Runway 9-27. This project would also reconfigure and remove excess pavement at connector Taxiway B, the current rn west terminus of Taxiway A. ' Section 163 of the FAA Reauthorization Act of 2018 limits the FAA's statutory authority over certain airport development projects. In this case, FAA reviewed the proposed airfield development projects and determined that each project UJI element is subject to FAA's decision and approval authority, including approval of the Airport Layout Plan under 49 U.S.C.§47107(a)(16). 2 The Council on Environmental Quality(CEQ) amended its regulations implementing NEPA effective September 14, 2020. Agencies have discretion to apply the amended regulations to NEPA processes that were begun before September 14,2020 (40 CFR§ 1506.13 (2020)). FAA initiated its NEPA process for this action in September 2019 and has decided to apply the regulations in effect at that time. Key West International Airport 1 Environmental Assessment for Taxiway Extension,Apron,and Security Fencing Improvements Packet Pg. 2265 Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 19,2021 • Expand the commercial aircraft parking apron at the passenger terminal and reconfigure the parking layout plan so that all taxilanes and commercial aircraft c parking positions meet FAA design standards for Airport Design Group III aircraft. The proposed project would expand the existing apron to the east and provide approximately 13,200 square yards of additional apron pavement. • Expand the general aviation (GA) aircraft parking apron located west of connector Taxiway C to provide additional parking spaces at EYW during peak periods. Construction would expand the existing apron by approximately 5,400 N square yards. This project also includes relocating a section of the airport's vehicle service road out of the Taxiway A Object Free Area. • Relocate a 1,500-foot section of non-standard airfield perimeter security fence out of the Runway 9-27 Object Free Area. The project would install approximately 2,700 feet of new fence along a section of the airport's north boundary line. Approximately 860 feet of the new fence would be a floating CIL barrier installed across an area of open water (salt pond). 0 REQUESTED FEDERAL ACTION: The requested federal actions associated with the proposed development projects include the following: 1. Unconditional approval of the portions of the EYW Airport Layout Plan (ALP) depicting the Proposed Action and its individual elements, pursuant to 49 U.S.C. §§40103(b), 44718, and 47107(a)(16); 14 CFR Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace; and 14 CFR Part 157, Notice of Construction, Alteration, Activation, and Deactivation; and 14 CFR Part 139. 6 2. Determinations under 49 U.S.C. §§ 47106 and 47107 relating to the eligibility of the Proposed Action for federal funding under the Airport Improvement Program (AIP) and under 49 U.S.C. § 40117, as implemented by 14 CFR 158.25, to impose and use passenger facility charges (PFCs) collected at the Airport for the Proposed Action to assist with construction of potentially eligible development items shown on the ALP. rn 3. Determination of eligibility for federal assistance and further processing of applications for federal assistance for the eligible components of the Proposed Action under the federal grant-in-aid program authorized by the Airport and Airway Improvement Act of 1982, as amended (49 U.S.C. § 47101, et. seq.). PURPOSE AND NEED: The purpose of and need for each major component of the Proposed Action is described below and discussed in more detail in Section 1.4 of the EA. Extend Parallel Taxiway A to Runway 9 End — Runway 9-25, the airport's only runway, operates in east-flow conditions nearly 90 percent of the time due to prevailing winds. For east-flow departures, aircraft use connector Taxiway B to access the runway; however, Key West International Airport 2 Environmental Assessment for Taxiway Extension,Apron,and Security Fencing Improvements Packet Pg. 2266 Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 19,2021 Taxiway B does not connect directly to the end of the runway (Runway 9). Departing aircraft that need the full length of the runway must taxi onto the runway, back-taxi approximately to the end of the runway, then turn around on the runway for departure. This requires additional communications from the Airport Traffic Control Tower, results in aircraft taxiing on the runway opposite to the flow of traffic, and introduces inefficiencies and delay. For larger aircraft, back-taxiing to the end of the runway and turning around often does not allow the full use of available runway pavement. The proposed extension of parallel Taxiway A to the western end of the runway (Runway 9) would make the entire length of the runway available for departures, without the need to back-taxi on the runway. Eliminating back-taxi operations on Runway 9-27 would improve the efficiency of aircraft operations at EYW, enhance safety at EYW, and allow full use of the available runway length. 0. Expand Commercial Aircraft Parking Apron to the East—The current aircraft parking apron layout plan at the passenger terminal building was designed to accommodate CIL four narrow-body commercial aircraft (ADG III), five regional commercial aircraft (AGD II), and one parking position at the U.S. Customs and Border Protection (CBP) facility. In addition to the commercial aircraft and CBP parking positions, the southeast area of the apron is also used by air cargo aircraft, unanticipated commercial aircraft parking, '✓ and periodic overflow general aviation aircraft parking. At EYW, commercial LU passengers are escorted onto the apron and walk to their parked aircraft for boarding. Due to limited space and the layout of the apron, the increasing number of commercial aircraft operations during peak periods and the increasing use of ADG III aircraft at 0. EYW results in regular congestion on the commercial apron and Taxiway A. Because all of the apron's taxilanes and parking positions do not meet ADG III design standards, aircraft moving to and from parking positions are dependent on whether adjacent positions are occupied and, when occupied, require the use of wing walkers to confirm y the area around the wing tips is clear of any hazards. When several commercial aircraft land consecutively, aircraft traffic routinely must hold on Taxiway A and wait to access a parking position. It is common for all nine commercial aircraft positions to be occupied during peak periods. Other factors that contribute to congestion on the apron include airline schedule delays (i.e., weather) or the need to also park general aviation aircraft on the east edge of the apron during peak tourism periods and special events. There is a need to improve access to and from aircraft parking positions on the commercial apron to improve efficiency of ramp operations, and enhance safety.3 Expanding the commercial apron would provide the space necessary to reconfigure the taxilanes and commercial aircraft parking spaces to meet ADG III design LU standards. The proposed project would reduce congestion, improve efficiency of ramp operations, and enhance safety. 3 FAA design criteria in FAA Advisory Circular 150/5300-13A,Airport Design,notes that the primary design consideration for apron layout is"to provide adequate wingtip clearances for the aircraft positions and the associated taxilanes." Key West International Airport 3 Environmental Assessment for Taxiway Extension,Apron,and Security Fencing Improvements Packet Pg. 2267 Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 19,2021 Expand GA Aircraft Parking to the West — General aviation aircraft parking at EYW is limited. The main GA apron, which is located adjacent to the commercial apron, can c accommodate 21 to 29 aircraft, depending on aircraft size. Additional GA aircraft parking is provided along the south side of Taxiway A. This linear aircraft parking area can accommodate approximately 52 aircraft. Key West and the Lower Florida Keys attracts visitors and tourist throughout the year. , During peak periods, the GA aircraft parking areas become fully occupied and insufficient to meet demand. This requires using a portion of the commercial apron for overflow GA aircraft parking, which contributes to congestion on the commercial apron. Expanding the GA parking apron would accommodate the demand for aircraft parking during peak periods and help reduce congestion on the commercial apron. 0. Relocate Section of Airfield Security Fence — Access to the EYW airfield and Air Operations Area (AOA) is restricted by a security fence. However, approximately 1,500 feet of fence on the north side of the airfield is located within the Runway Object Free Area (ROFA). This section of fence, which does not meet FAA airport design standards, was previously installed to avoid an area of open water adjacent to the runway. Although No Trespassing/Restricted Area signs were placed in the open water area, the County has documented incidents of recreational kayakers and canoers within the ROFA and waters adjacent to the runway. The proposed relocation of security fence would meet FAA airport design standards and enhance safety at EYW. E ESTIMATED TIMEFRAME: The Airport Sponsor's proposed timeframe for the Proposed 0. Action and its individual elements is discussed in Section 1.7 of the EA. The timeframe estimates construction activities beginning in 2021 and being completed in 2023. ALTERNATIVES: Alternatives to the Proposed Project were evaluated in Section 2 of the EA. The alternatives considered are described below. Taxiway A Extension Alternatives —Alternatives to the proposed extension of parallel Taxiway A to the Runway 9 end of pavement were considered. The alternatives analysis , evaluated construction and use of a full-length parallel taxiway on the north side of the runway. This alternative would require aircraft to cross active Runway 9-27 to access the north-side parallel taxiway and the Runway 9 end, which would increase the safety risk of runway incursions. This alternative would not avoid or reduce impacts to mangrove swamps and saltwater marsh, when compared to the Proposed Action. Given the airport's constrained location and lack of suitable land, this alternative was found to be not reasonable or practical. The alternative was eliminated from further consideration in the EA. LU Commercial Apron Expansion Alternatives —The commercial aircraft parking apron is bounded by Taxiway A and Runway 27 to the north and the passenger terminal building to the south. The Proposed Action would expand the commercial apron to the east. Due to these site and operational considerations, the alternatives analysis evaluated Key West International Airport 4 Environmental Assessment for Taxiway Extension,Apron,and Security Fencing Improvements Packet Pg. 2268 Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 19,2021 expanding the commercial apron to the west. This alternative would substantially encroach upon the GA aircraft parking apron and displace most of a GA aircraft parking positions c used by the airport's Fixed Base Operators (FBOs). Suitable land is not available at the airport to construct a replacements apron without affecting mangrove wetlands, saltwater marsh, and salt ponds. A potential site was identified, but was not reasonably close to the aviation support facilities and would substantially encroach into mangroves and a salt pond. In addition, displacing the main GA apron would have a substantial adverse effect on the FBOs and aviation support businesses operating at the airport. This alternative was eliminated from further consideration in the EA. General Aviation Apron Expansion Alternatives—The airport's main GA aircraft apron 0) is bounded by Taxiway A and Runway 9-27 to the north, FBO and commercial aviation 0 buildings and hangars to the south, aircraft storage hangars to the west, and the commercial apron to the east.A smaller GA overflow apron is located approximately 1,600 feet west of the main GA apron. CIL Expanding the main GA apron was considered, but this would displace and require relocation of hangars and/or aviation support businesses at the airport. Constructing a new GA apron on the north side of the runway was also considered. However, this would W require construction of a parallel taxiway, increase runway crossings, and have substantial LU environmental impacts and operating inefficiencies. These potential alternatives were not N considered to be reasonable and were eliminated from further consideration. Expanding a section of existing GA parking apron located to the west of the main apron > was evaluated. This alternative would expand that GA apron to the south.When compared 0. to the Proposed Action, this alternative would result in more impacts to mangroves. This alternative was eliminated from further consideration. No-Action Alternative — Under this alternative, the Proposed Action would not be implemented. The County would continue to maintain and operate the airport in its present state and the environmental effects associated with the Proposed Action would not occur. Although this alternative would not satisfy the purpose of and need for the Proposed Action, it was retained for further detailed evaluation in the EA in accordance with NEPA ' and CEQ regulations. ENVIRONMENTAL IMPACTS: The Proposed Action and the No-Action Alternative were evaluated for potential impacts on the environmental resource categories identified in FAA Order 1050.1 F. The Affected Environment and Environmental Consequences sections of the EA(Sections 3 and 4, respectively) provide a description of existing conditions and an analysis of direct, indirect, and cumulative impacts. Under the No-Action Alternative, the proposed taxiway, aircraft parking aprons, and security fence improvements would not be implemented and there would be no environmental impacts.Airport design standards related to runway and taxiway separation distance would continue to not be met. Key West International Airport 5 Environmental Assessment for Taxiway Extension,Apron,and Security Fencing Improvements Packet Pg. 2269 Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 19,2021 The Proposed Action would increase the size and improve the layout and efficiency of the airport's commercial and general aviation aircraft parking aprons. The EA provides an estimate of the potential additional aircraft operations and enplaned passengers at EYW, if the Proposed Action was implemented. When compared to the No-Action Alternative, the forecast estimated that the Proposed Action could generate an additional 1,700 aircraft operations at the airport in both 2024 and 2029. Similarly, the forecast estimated an additional 78,589 enplaned passengers in 2024 and an additional 78,592 enplaned passengers in 2029, when compared to the No-Action Alternative. Impacts associated with the Proposed Action are discussed below. Air Quality— Monroe County is located in an attainment area for all National Ambient Air Quality Standards (NAAQS)for criteria air pollutants and is not subject to the requirements of a State Implementation Plan. Construction activities would generate temporary air emissions at EYW, including exhaust from equipment and vehicles, as well as, fugitive dust during excavation and grading activities. These emissions, inventoried and evaluated CIL in Section 4.1.3, would be well below de minimis thresholds for each year during the construction period and would not cause pollutant concentrations to exceed any of the NAAQS. The EA also notes measures that can be taken to minimize air emissions during W construction. Under the Proposed Action, air emissions at EYW would increase as a result of the projected increase in aircraft operations and passengers. The operational aircraft E emissions inventory Section 4.1.4 shows only an incremental change in aircraft air emissions. The evaluation of the change in vehicle trips associated with the Proposed 0. Action and the change in vehicle emissions would be minor. The operational air emissions would be below de minimis thresholds in each study year and the emissions not cause m pollutant concentrations to exceed any of the NAAQS. The Proposed Action would not LE have a significant impact on air quality. Biological Resources — The Proposed Action would fill approximately 3.14 acres of mangrove swamp, 4.03 acres of saltwater marsh, 0.09 acre of salt ponds/embayment, 0.07 acre of upland Brazilian pepper, and 0.25 acre of exotic wetland hardwoods (wetland Brazilian pepper). An additional 0.20 acres of mangrove swamp would be cleared of vegetation, but not filled. The affected areas, impacts, and potential mitigation measures rn were discussed with regulatory agencies during the preparation of the EA.4 The County proposed a conceptual mitigation plan in the EA and Biological Assessment. Compensatory wetland mitigation opportunities were identified both on-site and off-site 4 Information related to the Proposed Action,project construction areas and anticipated impacts were initially presented at an Agency Scoping Meeting held on September 19,2019. Regulatory agencies invited to participate included the US Environmental Protection Agency, US Army Corps of Engineers, US Fish and Wildlife Service, National Marine Fisheries Service, Florida Fish and Wildlife Conservation Commission, and the South Florida Water Management District. Follow-up web-based meetings specific to biological resource impacts and conceptual mitigation were conducted on April 27,2020,and September 18,2020. Key West International Airport 6 Environmental Assessment for Taxiway Extension,Apron,and Security Fencing Improvements Packet Pg. 2270 Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 19,2021 and include wetland restoration/creation, enhancement, and preservation. The conceptual on-site mitigation would restore both saltwater marsh and mangrove communities along c the periphery of the degraded salt ponds and enhance tidal flow through the salt ponds.5 Off-site mitigation would be provided at selected sites in the Lower Florida Keys. The County will prepare a final mitigation plan during the Proposed Action's permitting phase. Essential Fish Habitat — The Proposed Action will affect 7.71 acres of Essential Fish , Habitat (EFH). Subject to the provisions of the Magnuson-Stevens Fishery Conservation and Management Act, the FAA consulted with the National Oceanic and Atmospheric Administration's National Marine Fisheries Service (NMFS) in regard to the Proposed Action's effect on EFH. To offset unavoidable impacts to EFH, the County's conceptual mitigation plan proposed 8.57 acres of onsite and offsite wetland creation, restoration, and 0. enhancement. During consultation, NM FS provided, and FAA agreed to,the following EFH Conservation Recommendations: 1) develop a complete compensatory mitigation plan based on functional assessments, including supporting information, that demonstrates all adverse impacts to EFH are fully offset and 2) use of Best Management Practices, including use of staked silt fences around work areas, to prevent sediment-laden runoff during construction and minimize impacts to adjacent mangrove wetlands. Although the FAA would make its environmental determination under NEPA, it was agreed that EFH '✓ consultation with NMFS would be ongoing until the draft and final mitigation plan is N approved. The environmental approval provided in this Finding of No Significant Impact and Record of Decision is contingent on the conclusion of FAA's consultation 0. with the NMFS on EFH. This requires Monroe County to develop a complete and final mitigation plan(s) that is coordinated with FAA and NMFS. The County will also be required to include appropriate BMPs in project plans and specifications to prevent sediment-laden runoff during construction. Until y such time that consultation is concluded, Monroe County shall not alter or affect any EFH at the Key West International Airport. Federally-Listed Species / Section 7 Consultation — No designated or proposed critical habitat for any protected species is located on Airport property or would be affected by the Proposed Action. Through consultation with the U.S. Fish and Wildlife Service (USFWS), it was determined the Proposed Action would have no effect on the Florida semiphore cactus, Garber's Spurge, Cape Sable Thoroughwort, Eastern indigo snake, piping plover, red knot, and roseate tern. The USFWS concurred that the Proposed Action may affect, but not likely to adversely affect the West Indian manatee. The County will be required to implement the USFWS's Standard Manatee Construction Conditions for Inwater Work LU during construction. Protected species consultation was also initiated with NMFS. NMFS 5 The Sponsor's on-site compensatory mitigation plans will require FAA review and approval during the project's design and permitting phase to ensure safety and compliance with applicable airport certification requirements. Key West International Airport 7 Environmental Assessment for Taxiway Extension,Apron,and Security Fencing Improvements Packet Pg. 2271 Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 19,2021 concluded that the Proposed Action is not likely to adversely affect listed species under the agency's purview. c 0 State-Listed Species—No effects on state-listed plant and animal species are anticipated. N The Proposed Action would not jeopardize the continued existence of a Federally-listed threatened or endangered species and would not result in the destruction or adverse modification of federally-designated critical habitat. Mitigation and conservation measures would be implemented to offset impacts on habitat and protected species. The Proposed N Action would not result in significant impacts on biological resources. Climate — Greenhouse gas (GHG) emissions associated with the construction of the > proposed airfield improvements are expected to be minor and temporary. The increase aircraft operations and vehicle trips at EYW would result in a minor increase in GHG _ emissions at the airport. The Proposed Action would not result in significant climate or climate change impacts. Coastal Resources—Monroe County is located within a coastal zone and federal actions must be consistent with the Florida Coastal Management Program (FCMP). The airport is not located within a designated Coastal Barrier Resources System (CBRS). The Draft EA W was submitted to the Florida State Clearinghouse, which coordinates coastal consistency review among state agencies. Through this review, the state had no objection to the Proposed Action and found it to be consistent with the FCMP. The state's final consistency E determination will be made during the project's environmental permitting process. Based on the analyses contained in the EA and the State of Florida's consistency review, the 0. Proposed Action would not have a significant coastal resource. DOT Act, Section 4(f) Resources—No publicly-owned parks, recreation areas, or wildlife and waterfowl refuge of national, state, or local significance would be directly affected by y the Proposed Action. Seven Section 4(f) recreation resources and one property listed on the National Register of Historic Places were identified in the EA's Indirect Effects Study Area. The Fran Ford White-crown Pigeon Preserve at Little Hamaca Park and Little , Hamaca Park are adjacent are adjacent to the north side of the airfield. The Proposed Action would not result in air quality or water quality impacts that could affect potential Section 4(f) properties, nor would it affect access to Section 4(f) properties. The Proposed Action would cause a modest increase in aircraft noise in the vicinity of the airport and the noise exposure contours would shift slightly to the west. This shift would increase the amount of land exposed to DNL 65 noise and higher within the Fran Ford White-crowned Pigeon Preserve by 1.23 acres and the 11 th Street Public Boat Ramp by 0.02 acres by 2029.Approximately 65.8 additional linear feet of the Florida Keys Overseas Heritage Trail would be exposed to noise levels of DNL 65 and higher in 2029. These E resources are not managed for quiet setting. The area exposed to noise levels DNL 65 and higher would be reduced by 0.5 acre at the Little Hamaca Park. No historic resource listed on the National Register would be within the area exposed to aircraft noise levels of Key West International Airport 8 Environmental Assessment for Taxiway Extension,Apron,and Security Fencing Improvements Packet Pg. 2272 Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 19,2021 DNL 65 dB and higher. Due to its proximity to west end of Runway 9-27, a small portion of the Fran Ford White-crowned Pigeon Preserve is presently exposed to aircraft noise c levels above DNL 70. When compared to the No-Action Alternative, approximately 0.09 acre of land in the southeast corner of the preserve would be exposed to DNL 75.7 in 2024 and 0.12 acre exposed to 75.9 in 2029. The increase in noise in this area, when compared to the No-Action Alternative would be approximately DNL 1.2 dB in 2024 and 2029. Land- use compatibility guidelines in 14 CFR Part 150 indicate that parks are compatible with noise levels up to DNL 75 dB, therefore, the small portion of the Fran Ford White-crowned Pigeon Preserve exposed to DNL 75 dB with implementation of the Proposed Action would be considered incompatible. However, the attributes, setting, and use of this resource are not managed for a quiet setting and they would not be substantially diminished by the Proposed Project and would not result in a constructive use of the Fran Ford White- 0. crowned Pigeon Preserve. _ 0 Noise levels associated with the Proposed Action would result in relatively small increases at some Section 4(f) resources, but would also slightly reduce noise levels at others. Overall, the effects associated with the Proposed Action would not be significant and would not result in a constructive use of any Section 4(f) resources. Farmlands — The Proposed Action would not affect any farmland or prime, unique, or statewide and locally important farmland soils. Hazardous Materials, Solid Waste, and Pollution Prevention — An environmental database search and site reconnaissance revealed no known sites or areas with environmental concerns within the areas where construction would occur. Although a slight increase in the use of hazardous materials and waste generation may occur during construction, the Proposed Action would have minimal effect on hazardous waste _ generation, storage, or transport practices at the airport. The Proposed Action will not substantially increase solid waste generation at the airport. No significant impacts related a to hazardous materials, solid wastes, and pollution are anticipated. Historical, Architectural, Archeological and Cultural Resources — A review of the Florida Master Site File and field surveys showed no previously recorded historic, archaeological, or cultural resources within the Area of Potential Effect (APE) subject to disturbance during construction. No structures are located within the areas where construction would occur. Eleven structures and features over 50 years old were identified in the Indirect Effects portion of the APE, but all were determined to be ineligible by FAA for listing in the National Register. Consultation was initiated with the Florida State Historic Preservation Officer (SHPO) and LU five Native American Indian tribes. The Seminole Tribe of Florida confirmed that the Proposed Action falls within their area of interest and stated the tribe has no objection to the Proposed Action, but requested to be notified if any archaeological, historical, or burial resources are inadvertently discovered during construction. The SHPO concurred with FAA's finding that the Proposed Action would have no effect on historic properties. Key West International Airport 9 Environmental Assessment for Taxiway Extension,Apron,and Security Fencing Improvements Packet Pg. 2273 Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 19,2021 Based on the research and consultation conducted, the Proposed Action would not affect historic architectural, archaeological, and cultural resources. c 0 Land Use—The Proposed Action would not conflict with or affect existing or planned off- airport land uses or zoning. The Proposed Action would not cause significant off-airport N impacts, divide or disrupt the community, or otherwise influence land use patterns or development near the Airport. , The Proposed Action is consistent with the aviation-related policies and objectives in N Monroe County's Comprehensive Plan. However, the EA notes that impacts to mangrove wetlands and salt ponds (county-wide) are not currently allowed under Monroe County's Comprehensive Plan. The EA further notes that amendments to the Comprehensive Plan are being considered that would allow airport improvements that affect impact wetland 0. areas, when the improvements are consistent with the approved Airport Master Plan and ALP, no other viable alternative available, and mitigation is provided. Amendments to the Comprehensive Plan necessary to implement the Proposed Action require local approval. The need to amend the Comprehensive Plan could be a substantial issue locally, but would not necessarily result in a significant impact under NEPA. Based on the information considered, the Proposed Action would not have a significant impact on land use or land use controls if the Proposed Action is approved locally and mitigation is provided. 0) The environmental approval provided in this Finding of No Significant Impact and Record of Decision is contingent on the Airport Sponsor demonstrating 0. the Proposed Action's consistency with the Monroe County Comprehensive Plan and obtaining necessary approvals. Until such time that consistency is demonstrated and approvals are obtained, Monroe County shall not alter or _ affect the mangrove wetlands, salt marsh, and salt ponds/embayments identified in the EA. Natural Resources — Construction of the Proposed Action would use common materials that are not unusual or in short supply. Given the location of the airport, these materials may be hauled from mainland south Florida locations. The Proposed Action would have a minor effect on energy and fuel consumption at EYW. No significant natural resource or energy supply impacts would occur. Noise — Construction-related noise would be temporary and the effects would not be significant. The Proposed Action would result in a modest increase aircraft operations at the airport. In addition, the extension of Taxiway A to the end of Runway 9 would allow all east-flow departures to begin take-offs from the end of Runway 9 pavement. LU When compared to the No-Action Alternative in study year 2024, the Proposed Action would increase the number of dwelling units (+18) and persons (+35) exposed to noise levels greater than DNL 65 dB; however, fewer dwelling units (-3) and persons would be exposed to noise levels greater than DNL 70 dB (-8). Similarly in 2029, the Proposed Key West International Airport 10 Environmental Assessment for Taxiway Extension,Apron,and Security Fencing Improvements Packet Pg. 2274 Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 19,2021 Action would slightly increase the number of dwelling units (+20) and persons (+40) exposed to noise levels greater than DNL 65 dB; however, fewer dwelling units (-2) and c persons would be exposed to noise levels greater than DNL 70 dB (4). A majority of the residential units within the DNL 65 and higher noise contours have participated in the County's ongoing Part 150 Noise Insulation Program and these residential land uses are considered to be compatible with existing and projected aircraft noise levels. In both study years, none of the residences located within, or newly within, the DNL 65 contour would experience a noise increase of DNL 1.5 dB or greater. Based on FAA's guidance for preparing NEPA impact evaluations, significant noise impacts would not 0) occur if the Proposed Action was implemented. Therefore, mitigation is not required for the purpose of reducing the impact below the threshold indicating a significant impact. 0. Although mitigation is not required for this project under FAA's NEPA guidelines, the County will continue to evaluate ongoing programs to address land use compatibility issues that result from operation of the airport. Socioeconomics, Environmental Justice, And Children's Environmental Health and Safety Risks — Construction would generate temporary construction employment. The Proposed Action would not affect public service demands and would not require the acquisition of land nor would it displace any residences or businesses. No significant socioeconomic impacts would occur. The additional passengers that could be realized under the Proposed Action would increase the number of vehicle trips at the airport. E However, the increase is not expected to be substantial and would not disrupt local traffic patterns or reduce the Level of Service on roads serving the airport. 0. Because the project would not have significant impacts, disproportionately high and adverse environmental effects on minority and low-income populations would not occur. _ The project site would not affect any schools, daycare facilities, parks, or children's health clinics. No significant socioeconomic, Environmental Justice, and children's health and a safety risk impacts would occur. Visual Effects Including Light Emissions — Construction activities would mostly take place during normal daytime hours. However, construction of the taxiway extension is expected to occur routinely at night during the first year of construction to minimize impact to airfield operations during the day. Apron construction would require less nighttime construction. Common equipment and measures are available to minimize light emissions at night. Existing vegetation between the airfield and residential areas would further reduce the potential effects of construction lighting. No significant impacts related to construction light emissions would occur. LU The Proposed Action includes installation of additional pavement edge lighting, airfield signage, and apron lighting. The lighting systems would be similar to those currently used at the airport and would not substantially increase the amount or intensity of airfield lighting. The Proposed Action would not alter the visual characteristics of the airfield. Significant impacts related to visual effects and lighting are not anticipated. Key West International Airport 11 Environmental Assessment for Taxiway Extension,Apron,and Security Fencing Improvements Packet Pg. 2275 Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 19,2021 Water Resources c Wetlands—The Proposed Action would affect 7.71 acres of jurisdictional waters, including 0 mangrove swamp, saltwater marsh, salt ponds/embayment, and exotic wetland hardwoods. Measures to avoid wetland impacts are not available and measures to N minimize impacts were considered. The Proposed Action's unavoidable wetland impacts require federal and state permit authorization. The compensatory mitigation plan , described in the EA would offset the loss of functional value of the affected wetlands. The final and complete mitigation plan would be developed during the project's permitting and design phase. 0) The Airport Sponsor is required to obtain all necessary environmental permits and authorizations prior to starting any construction activities that would affect federal and 0. state jurisdictional waters, including wetlands. Based on early agency coordination and mitigation measures discussed in the EA, options to provide compensatory mitigation are CIL available to offset the wetland impacts. Significant wetland impacts are not anticipated. 0 Floodplains — The proposed action is located entirely within a 100-year floodplain and would involve the placement of fill in 7.71 acres of wetland and salt pond habitat. No substantial aboveground structures would be constructed as part of the Proposed Action. LU There would be no increase in flood elevations as the flood elevations are based coastal storm surges. The Proposed Action is not expected to result in notable adverse impacts on natural and beneficial floodplain values. In accordance with Executive Order 11988, Floodplain Management,there is no practicable alternative to the Proposed Action. Design of the proposed project's elements require state and local approvals, including construction in floodplains. The Proposed Action would not result in a significant impact to floodplains. Surface Waters and Groundwater—As noted above, the Proposed Action would affect surface waters and wetlands. Construction of the Proposed Action would create a net increase of impervious surface at EYW (3.9 acres). Stormwater discharges from the new a taxiway and apron pavements would be collected and treated through a combination of improvements to the airport's existing stormwater management system (e.g., exfiltration trenches) and, for certain discharges, overland flow. The engineering design and permitting process would identify the specific requirements and stormwater system improvements. Commonly-accepted measures to minimize erosion and sedimentation to maintain water quality during construction are available and would be required in the project's construction plans and specifications. Measures outlined in FAA Advisory Circular LU 150/5370.10H, Standards for Specifying the Construction of Airports, would also be incorporated into the plans to minimize the potential for water quality impacts. The contractor will be required to obtain and comply with the conditions contained in the state- issued National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges from construction activities. Given the measures available to prevent pollutants Key West International Airport 12 Environmental Assessment for Taxiway Extension,Apron,and Security Fencing Improvements Packet Pg. 2276 Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 19,2021 in stormwater runoff, the construction and operation of the proposed airfield improvements is not anticipated to have a significant impact on surface waters or groundwater. c 0 Drinking Water Supplies — The Proposed Action may increase the number of passengers at EYW; however, the increase would be modest and would not have a N significant impact on public drinking water infrastructure or supplies. Wild and Scenic Rivers—The proposed action will not affect Wild and Scenic Rivers or river segments included in the National Rivers Inventory. N Cumulative Impacts — The past, present, and future cumulative projects identified in Section 4.14 of the EA have generated, or are anticipated to generate, low levels or no > environmental impacts. The projects are subject to different environmental regulatory programs, some of which may require mitigation to reduce impacts below levels _ considered significant. The impacts associated with the Proposed Action, when considered in addition to other cumulative projects, are not expected to exceed thresholds CIL that would indicate a significant impact. OTHER FEDERAL, STATE AND LOCAL ACTIONS AND PERMITS: Monroe County is required to obtain all permits and regulatory approvals necessary to implement the Proposed Action. The permits identified in the EA are listed below. • U.S. Army Corps of Engineers — Section 404 permit for unavoidable impacts to Waters of the United States, including wetlands. 0. • South Florida Water Management District — Environmental Resource Permit (ERP) • Florida Department of Environmental Protection — NPDES Generic Permit for Stormwater Discharge from Large and Small Construction Activities and NPDES a Stormwater Program and Multi-Sector General Permit • Monroe County — Comprehensive plan consistency and land development approvals • Local building and construction permits CONSISTENCY WITH APPROVED PLANS OR LAWS: The Proposed Action is consistent with the current Airport Layout Plan and with environmental plans, laws, and administrative environmental determinations of federal, state, and regional agencies. As discussed in Section 4.8.3.2 of the EA, amendments to Monroe County's Comprehensive Plan and Land Development Code and issuance of local approvals related to mangrove and wetland impacts are required before the project can be implemented. MITIGATION MEASURES: Mitigation for the Proposed Action is summarized in this section and is described more fully in the EA(Section 4.13.5 and Appendix C). The Airport Sponsor has proposed conceptual plans to provide compensatory mitigation for Key West International Airport 13 Environmental Assessment for Taxiway Extension,Apron,and Security Fencing Improvements Packet Pg. 2277 Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 19,2021 unavoidable impacts to Waters of the U.S., including wetlands. The conceptual mitigation plans are based on site-specific functional assessments using the Uniform Mitigation c Assessment Method (UMAM). The mitigation measures identified in the EA are expected to reduce environmental impacts to levels below thresholds indicating a significant impact in the following categories: Biological Resources (Essential Fish Habitat), Coastal Resources, and Water Resources (wetlands). Mitigation is also required for the Sponsor's application for federal Section 404 permit and state Environmental Resource Permit authorizations to implement the Proposed Action. Final and complete mitigation plans will be developed during the permit application review process. Proposed Mitigation Plan — The Proposed Action would require the placement of fill in 7.51 acres of wetlands and the clearing of 0.20 acres of wetland. Based on the Uniform 0. Mitigation Assessment Method (UMAM), the proposed impacts would result in a functional loss of approximately 3.83 UMAM credits (final UMAM scores would be determined during the permitting process). CIL Both on-site and off-site mitigation is proposed. The conceptual plan includes a combination of wetland restoration and creation, enhancement, and preservation that would provide a total functional gain of 3.84 UMAM credits. The proposed on-site mitigation would restore and create saltwater marsh and mangrove communities along the LU periphery of salt ponds and enhance tidal flow through the ponds. This would primarily be accomplished through the removal of remnant fill (approximately 3.4 acres) and use of E remaining available on-site mitigation credits. Due to the limited availability of suitable land for mitigation in Key West, off-site mitigation would be provided on publicly-owned land 0. located in the Lower Florida Keys (Cudjoe Key and Summerland Key). Other opportunities to offset the impacts at off-site locations may be identified during permitting process. If necessary, additional credits would be provided through the purchase and restoration of wetlands located on private property. The proposed mitigation plan was presented to and y discussed with federal and state regulatory agencies during the preparation of the EA. The development of on-site mitigation plans during the project's design and permitting phase will require FAA review to ensure the continued safe operation of the airport. For any on-site mitigation, Monroe County will be obligated to take immediate action to alleviate wildlife hazards whenever they are detected (14 CFR 139.337, Wildlife Hazard rn Management). Actions taken by the County to address potential wildlife hazards would be consistent with FAA Advisory Circular 150/5200.33C, Hazardous Wildlife Attractants on or Near Airports, and the 2003 Memorandum of Agreement (MOA) Between the Federal Aviation Administration, the U.S. Air Force, the U.S. Army, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S. Department of LU Agriculture to Address Aircraft-Wildlife Strikes. In accordance with FAA guidance and the MOA, Monroe County would coordinate with the appropriate agencies prior to implementing measures within these mitigation areas to resolve any wildlife hazards, should they be warranted. Key West International Airport 14 Environmental Assessment for Taxiway Extension,Apron,and Security Fencing Improvements Packet Pg. 2278 Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 19,2021 PUBLIC INVOLVEMENT: At the outset of the environmental study, letters were sent to 35 federal, state, and local agencies to inform them of the proposed airport improvements c and preparation of the EA. A virtual Agency Scoping meeting and in-person Public Scoping meeting were conducted to gather information and help identify key issues to be addressed in the EA. The Draft EA was made available for review by the public, government agencies, and , interested parties. A Notice of Availability of the Draft EA was published on the airport's website and in the Key West Citizen newspaper on November 13, 2020. A Public Information Workshop on the Draft EA was held on Tuesday, December 15, 2020. The comment period on the Draft EA began on November 13, 2020, and closed on December 22, 2020. 0. Five comment letters were received on the Draft EA. Two commenters expressed concerns about aircraft noise; one commenter expressed support for the Proposed Action; a representative of the USEPA provided comments on the topics of air quality, climate change, contaminated sites, and stormwater management; and a representative from the Florida State Clearinghouse provided information on coastal resources and permit requirements. Several of the comments resulted in clarifications to the EA, but no substantive issues affecting the conclusions documented in the EA were raised. The County and the FAA reviewed and considered all comments in the preparation of the Final EA. The comment letters and responses to these comments are provided in Appendix H E of the EA. > 0. FUNDING: The EA indicates that the Proposed Action would be implemented using a combination of FAA Airport Improvement Program grants, Passenger Facility Charge collections, Florida Department of Transportation grants, and County funds. The EA provides information necessary for the FAA to fulfill its obligations under NEPA. The FAA's environmental findings on the Proposed Action do not signify an FAA commitment to provide financial support for the proposed project. A funding commitment can only be made if, and when, Monroe County submits a federal grant application for a specific, eligible project and FAA's consideration of the separate Federal funding criteria prescribed by 49 USC 47115(d) and 49 USC 40117. Key West International Airport 15 Environmental Assessment for Taxiway Extension,Apron,and Security Fencing Improvements Packet Pg. 2279 Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 19,2021 FEDERAL FINDING OF NO SIGNIFICANT IMPACT: I have carefully and thoroughly considered the facts contained in the attached Environmental Assessment (EA). Based c on my independent review, I find the EA is consistent with FAA's regulations and is consistent with the Council on Environmental Quality's regulations implementing the National Environmental Policy Act (NEPA) (40 CFR Part 1500) as well as FAA's Orders 1050.1 F and 5050AB for implementing the procedural provisions of NEPA. Consequently, I find the proposed Federal action will not significantly affect the quality of the human environment or include any condition requiring any consultation pursuant to section 102(2)(C) of NEPA. As a result, the FAA issues this Finding of No Significant Impact, determining that an Environmental Impact Statement for this action is not necessary. 2 0. APPROVED: Bart Vernace, Manager, Orlando Airports District Office 0 DATE: March 19, 2021 N DISAPPROVED: DATE: 0. rn Key West International Airport 16 Environmental Assessment for Taxiway Extension,Apron,and Security Fencing Improvements Packet Pg. 2280 Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 19,2021 RECORD OF DECISION AND ORDER c I have carefully considered the FAA's statutory mandate to ensure the safe and efficient use of the national airspace system as well as the other aeronautical goals and objectives discussed in the EA. My review of the EA and determination regarding issuance of the FONSI included evaluation of the purpose and need that this proposed action would serve, the alternate means of achieving the purpose and need, the environmental impacts , associated with these alternatives, and any mitigation necessary to preserve and enhance the human, cultural, and natural environment. N Under the authority delegated to me by the FAA Administrator, I find the proposed action E described in the EA is reasonably supported. I, therefore, direct that action be taken to 0) carry forward the necessary agency actions discussed in the EA and in the attached 0. FONSI. This Record of Decision (ROD) represents the FAA's final decision and approval for the actions identified in the EA and constitutes a final order of the FAA Administrator CIL subject to review by the Courts of Appeal of the United States in accordance with the ca provisions of 49 U.S.C. 46110.Any party seeking to stay implementation of the ROD must file an application with the FAA prior to seeking judicial relief as provided in Rule 18(a) of the Federal Rules of Appellate Procedure. LU APPROVED: E Bart Vernace, Manager, Orlando Airports District Office 2 0. DATE: March 19, 2021 DISAPPROVED: DATE: LU Key West International Airport 17 Environmental Assessment for Taxiway Extension,Apron,and Security Fencing Improvements Packet Pg. 2281