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Item A8BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 23, 2008Division: Growth MgMement Bulk Item: Yes _ No X Department: Staff Contact: Lisa Tennyson AGENDA ITEM WORDING: A public hearing to consider transmittal of a resolution to the Department of Community Affairs proposing an amendment the 2010 Monroe County Comprehensive Plan that would allow density calculation on the basis of gross density of the parcel, instead of the net, buildable area as currently calculated. ITEM BACKGROUND: Currently the open space requirement is deducted from the area of the parcel before calculating density. This amendment would use the area of the entire parcel to calculate the number of residential units allowed. The development allowed using this type of calculation would still require applicable buffer, setback, and open space requirements, although variances are allowed to those standards. PREVIOUS RELEVANT BOCC ACTION: The BOCC passed this resolution at its meeting of February 20, 2008, however, DCA requested that all comprehensive plan amendments be heard and transmitted for the 02-2008 submission at one meeting. Therefore, this item is being heard again with other plan transmittal resolutions. On February 15, 2006, the Board at a regular meeting, upon motion made by Commissioner Nelson and Seconded by Commissioner Rice, unanimously approved Resolution No. 094-2006, which among other things resolved "that the Monroe County Planning Department present to the Monroe County Planning Commission for public hearing at the soonest opportunity a proposed ordinance amending the County's land development regulations and any necessary Comprehensive Plan amendments authorizing (1) allowable density for affordable housing projects to be calculated on a `gross' acreage or parcel sq. footage basis (versus, for example, calculation on a `net' of "open space" or other similar basis) ...."; CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: NIA BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No x AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 11/06 BOCC TRANSMITTAL RESOLUTION Naval Air Station Key West Comments Monroe County Board of County Commissioners May 23, 2008 Meeting Agenda Item 8 Presented by NAS Key West May 23, 2W /�_ j� , Item 8 is an amendment to Policy 101.42.1 of Monroe County 2010 Comprehensive Plan. Policy 101A.21 Monroe County hereby adopts the following density and intensity standards for the future land use categories, which are shown on the Future Land Use Map and described 8in Policies 101.41.1 — 101.4.7. However, the Maximum Net Density for development or redevelopment parcels where the residential component constitutes affordable workforce or employee housing, as such housing may be defined by any local, state or federal law or regulations, shall calculated based upon the gross acreage or total square footage of a() parcel(s) developed as or redeveloped into such housing uses though applicable open space setback and buffering requirements shall be adhered to except where a variance exception or conditional use otherwise available under the Comprehensive Plan or Monroe County Code has been granted: 19J-5.0060)(OM1. Aeenda Item 8 Comments I am Gail Kenson, Community Planner for Naval Air Station Key West (NAS Key West). Mr. Ron Denies, Executive Director of NAS Key West and the military ex-officio member of the Planning Commission presented our comments on this proposal at the January 5, 2008 Planning Commission meeting and the February 20, 2008 BOCC meeting. In the interest of time, I will briefly outline the Navy's concerns with the proposed Comprehensive Plan amendment. The handout provided to you will more fully describe our position. I would like to make it clear that we are concerned with the properties located in the 1977 and 2007 Air Installations Compatible Use Zones (AICUZ) footprint (but are especially concerned with the 2007 footprint as it reflects the most current data which should be used for planning purposes). If this comprehensive plan amendment was modified to exclude properties located in noise contours CNR 2 and CNR 3 of the 1977 AICUZ and more appropriately the 65 DNL and higher noise contours of the 2007 AICUZ Update as well as the Accident Potential Zones, we would not object to the amendment. As written, the proposed amendment could adversely affect the operations and mission capability of NAS Key West's Boca Chica Air Field due to the increased residential densities within the 1977 and 2007 AICUZ footprints. The goal of the Navy, as the military representative to local government, is to work with Monroe County to protect military installations from the encroachment of incompatible uses, ensure the public's health, safety and welfare, and to protect and preserve existing military operations. The Navy is not opposed to compatible development, especially the development of affordable housing. The issue is one of compatible uses adjacent or proximate to military installations and the future of the installations. If the encroachment creates a severe enough impact on the operations of the military installation, it may be required to change or significantly limit its operations and mission capability. The Principles for Guiding Development, Chapter 380.0552 (7), Florida Statutes (FS) outline the objectives to be met by local government. Two of these principles require local government "to ensure the maximum well-being of the Florida Keys and its citizens May 23, 2N8 2 through sound economic development" and to protect "the value, efficiency, cost- effectiveness, and amortized life of existing and proposed major public investments including: ... Key West Naval Air Station and other military facilities." The impacts of encroachment onto to NAS Key West which would reduce the mission capability could have significant negative economic impacts on Monroe County. Additionally, to support military installations and their positive economic impact on local communities and the state, the Florida Legislature amended Chapter 163.3715, FS. The intent of the amended legislation is: • to protect the military installations in the State from incompatible development; • to protect the public investment in military installations; • to ensure the military installations are able to carry out their operations and missions; and • to ensure the economic vitality of the community is not adversely affected by a reduction in a military installation's operations and sustainability due to encroachment of incompatible development. Enterprise Florida commissioned a study prepared by the Haas Center for Business Research and Economic Development at the University of West Florida. The study, Florida Defense Industry Economic Impact Analysis, dated January 2008 describes the positive economic benefits that the Navy and other military organizations have on Monroe County. This positive economic impact to Monroe County exceeds $635 million in today's dollars. Briefly the data states: Defense Spending ($ Millions) Procurement $ 35.1 Salaries 78.3 Pensions & Transfers 34.9 Total Defense Spending $148.3 Average Earning Per Military Job $73,400 County Economic Impact' (2005) $592.3 Million Employment 8,319 Jobs Sales Activity $311.9 Million Consumption $33.9 Million Capital Investments $48.5 Million County Economic Impact' (2007 Projected) $635.1 Million County Economic Impact' (2010 Projected) $645.9 Million 1. For the purposes of this information, County Economic Impact refers to the Gross Product which is the sum of money values of all final goods and services produced in the economy and sold on organized markets during a specified period of time. Source: Florida Defense Factbook January 2008, page 44, prepared by Haas Center for Business Research and Economic Development. Florida Defense Industry Economic Impact Analysis, Volume 2, January 2008, Table 30, page 104, prepared by Haas Center for Business Research and Economic Development. slay 23, 2008 3 Principle (1) requires local government "to protect the public health, safety, and welfare of the citizens of the Florida Keys..." It could be argued that the County would be remiss, in terms of public health, safety and welfare, if they knowingly permitted housing, specifically, affordable housing within the higher noise level areas, contrary to their adopted regulations. It could also be argued that it is discriminatory to relegate affordable housing to those areas which have public health, safety and welfare concerns, such as areas with high noise levels, high volumes of vehicular traffic, etc. The term the Navy (U. S. Government) uses regarding this type of development is contrary to the principles of "Environmental Justice" (as defined by U.S. EPA). The proposed amendment is not consistent with Chapter 163.3177(6)(a) which requires local governments with military installations to update or amend their comprehensive plan to include criteria and address compatibility of adjacent or closely proximate lands with existing military installations in their future land use element by June 30, 2006. The County has not adopted the required plan amendments. NAS Key West would welcome the opportunity to assist Monroe County to meet this statutory requirement to the benefit of Monroe County, its residents, and military organizations. The Data and Analysis (DA) for the proposed amendment is inadequate and in our opinion does not meet the minimum statutory requirement of Chapter 163.3177(6)(a) FS. The DA does not address the number or location of the parcels that will benefit, the potential number of additional units that might be provided, how additional ROGO allocations will be provided to accommodate increased densities, impacts on infrastructure such as potable water and wastewater, the anticipated population growth, hurricane evacuation, and most importantly the compatibility of uses in close proximity to NAS Key West or other military installations. The DA lacks analysis of potential economic impacts to the community (loss of jobs, revenue, etc.) as a result of the County continuing to permit the encroachment of incompatible development and uses that negatively impact the ability of NAS Key West to continue its current operations. Much of the data referred to in the proposed ordinance is found in the Monroe County 2010 Comprehensive Plan Technical Document and is 15 to 20 years old and out of date. Again, the Navy is not opposed to the development of affordable housing or providing incentives to increase the development of affordable housing in Monroe County that is compatible with military operations. It is estimated that 75 percent of active duty military personnel and civilians employed by the military in Monroe County, rent or own homes in the local markets. The goal of the Navy and other military organizations is to work cooperatively with Monroe County to protect military installations from the encroachment of incompatible uses; ensure affordable housing is located in such areas that protect the public health, safety, and welfare; to protect the military installations from incompatible development; to protect the public investment in military installations; to ensure the military installations are able to carry out their operations and missions; and to ensure the economic vitality of the community is not adversely affected by a reduction in a military installation's operations and sustainability due to encroachment of incompatible development. May 23, zoos 4 We believe that the County's obligation to provide affordable housing is not outweighed by the obligation to protect the County's economic well being, protect public investments or the obligation to protect public health, safety and welfare; hence the properties within the AICUZ footprint should be excluded. As an alternative we would suggest that any areas which pose encroachment challenges to an adjacent or nearby military installation be regulated by an overlay district. An overlay district could provide regulations that would permit compatible development and ensure the military installation's operations sustainability would not be negatively impacted. Approval of this amendment would make a bad situation worse. This concludes my presentation. As I stated previously, we are providing the Commission with our detailed comments in the form of a handout. If you have any questions, I would be happy to answer them. Thank you for the opportunity to comment on behalf of Naval Air Station Key West. May 23, 2M 5 Detailed Navy Comments — May 23, 2008 We question why this proposed amendment is required recognizing that Monroe County has already adopted a number of Comprehensive Plan Goals, Objectives, and Policies as well as Land Development Regulations (LDRs) that provide significant incentives for the preservation and development of affordable housing. These provisions include, but are not limited to, density bonuses, the use of Transfer of Development Rights (TDRs), and the transfer of ROGO allocations from one parcel to another. The Monroe County 2010 Comprehensive Plan Technical Document, which is heavily referenced in the proposed ordinance, provides an abundance of strategies which may be more effective than density increases in the AICUZ. These strategies were developed over 15 years ago and have not been implemented. Additionally, much of the data cited in the ordinance is outdated and not longer accurate. The proposed Comprehensive Plan amendment proposes an increase in the overall density county -wide. This issue has not been addressed. It is our contention that the staff did not provide DCA with the required Data and Analysis (DA) of the impact of the increase in the overall density potential with the amendment, including the estimated increase in numbers of dwellings and population. This analysis/backup information is required to be part of the (DA) for every comprehensive plan and Land Development Regulation (LDR) amendment. Such an analysis should include an inventory of vacant parcels that would be large enough to benefit from an increase in density and in locations where affordable housing would be logical (i.e. dry parcels near employment centers) outside of the AICUZ footprint. We believe the proposed amendment is generally inconsistent with various sections of Chapter 163 FS, Chapter 380.0552 FS, 9J-5 FAC, and the Monroe County 2010 Comprehensive Plan. Chapter 163.3175(1) FS - The proposed comprehensive plan amendment is inconsistent with chapter 163.3175(1) F.S. which states that the Florida Legislature finds that incompatible development of land close to a military installation can adversely affect the ability of the installation to carry out its mission and can threaten public health, safety and welfare. Approval of this ordinance would not be consistent with this statute. There are properties affected by this amendment that are within Noise Zone 2 (CNR 2) and Noise Zone 3 (CNR 3) of the 1977 AICUZ Study and Noise Zones 2 and 3 (65 — 79 DNL) of the 2007 AICUZ Update and as such poses a risk to the public health, safety, and welfare of the residents and poses an adverse impact on NAS Key West's ability to carry out its mission. The County is currently operating under the ordinance they adopted to address the 1977 AICUZ Study. The County has not yet adopted the recommendations of the 2007 AICUZ Update that was forwarded to the County in May 2007. This statute also recognizes the positive economic impact military installations have on a local economy and further "finds it desirable for the local governments in the state to cooperate with military installations to encourage compatible land use, help prevent incompatible encroachment, and facilitate the continued presence of major military installations in this state." The ordinance could adversely affect the operations of Naval Air Station (NAS) May 23, 2M 6 Key West's Boca Chica Air Field due to the increased residential (transient, non -transient, and live -aboard) densities that will be permitted to locate within the 1977 AICUZ noise contours and 2007 AICUZ footprint. In addition to AICUZ-related incompatibility issues, urban development creates other encroachment issues that may, for example, interfere with radio frequencies or impact non -aviation training missions. Chapter 163.3177(6)(a) F.S. states in part; "...The future land use plan shall be based upon surveys, studies, and data regarding the area, including the amount of land required to accommodate anticipated growth; the projected population of the area; the character of undeveloped land; the availability of water supplies, public facilities, and services; the need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community; the compatibility of uses on lands adjacent to or closely proximate to military installations; ..." The Data and Analysis (DA) for the proposed amendments does not adequately address or support an increase in population growth (US Census Bureau data indicates a six percent decline in population for Monroe County between 2000 and 2006), hurricane evacuation, concurrency issues (potable water, highway capacity, etc.), the housing needs associated with the such growth, the need for redevelopment, the elimination of non -conforming uses which are inconsistent with community character, and most importantly the compatibility of uses in close proximity to NAS Key West. The DA does not address the potentially negative economic impacts to the community (loss of jobs, revenue, etc.) should the Navy or other military organization be required to reduce their mission capability because of the continued encroachment of incompatible uses granted permits by Monroe County. Much of the data referred to in the proposed ordinance is found in the Monroe County 2010 Comprehensive Plan Technical Document and is 15 to 20 years old and out of date and no longer accurate. Chapter 163.3177(6)(a) F.S. further states: `"The future land use plan element shall include criteria to be used to achieve the compatibility of adjacent or closely proximate lands with military installations." The ordinance does not propose any criteria to achieve compatibility for those properties located in the Noise Zones 2 and 3 in the 2007 AICUZ Study Update. Residential uses are discouraged in the 65 DNL (day night average sound level) to 69 DNL and strongly discouraged in the 70 — 74 DNL noise contours. Additionally, it is recommended that all properties (residential and commercial) in the 60 DNL to 64 DNL noise contours have a Real Estate Fair Disclosure Statement recorded in the Monroe County Public Records, similar to those required by the Escambia County Land Development Code. The Disclosure should notify property owners and occupants: 1) which noise level contour the property is located; and 2) require appropriate site design and the use of sound attenuation construction methods to reduce the noise impact on uses within 60 DNL and higher noise contours for both Key West International Airport and NAS Key West Boca Chica Air Field. The disclosure should also note that these sound attenuation measures do not mitigate outdoor noise. Outdoor living is a part of the Florida Keys lifestyle and will be greatly affected by noise. In addition to or in lieu of the Disclosure Statement the following options could be used to provide notice to property owners: 1) include AICUZ information (similar to affordable housing deed May 23,208 7 restrictions) on the Monroe County Property Appraiser's Record Card for affected parcels; 2) include AICUZ noise contours on the GIS maps on the Monroe County Property Appraiser's website (Virginia Beach, Virginia provides this type of service at htta://www.vbgov.com/e-aov/emaoaing/access/cetMao.aso); or the Monroe County BOCC could adopt a resolution similar to BOCC Resolution 67-1979 identifying subdivisions within the AICUZ noise contours and record the resolution in the Monroe County Public Records. Upon reviewing 380.0552 Florida Statutes, the Monroe County Area of Critical State Concern (ACSC) Principles for Guiding Development, we understand the County's obligations under the Principles are: "To ensure the maximum well-being of the Florida Keys and its citizens through sound economic development"; To protect the historical heritage of the Florida Keys ; "To protect the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments, including: Naval Air Station Key West'; "To make available adequate affordable housing for all sectors of the population of the Florida Keys'; "To provide adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a post - disaster reconstruction plan'; and "To protect the public health, safety, and welfare of the citizens of the Florida Keys and maintain the Florida Keys as a unique Florida resource." We believe that the County's obligation to provide affordable housing is not outweighed by its obligation to protect public health, safety and welfare; to enhance the quality of life; to protect the County's economic well being; or protect pubic investments; hence the properties within the AICUZ footprint should be excluded. We understand, based on Mr. Coleman's comments to the Board of County Commissioners in his January 23, 2008 staff report, that the proposed amendment must be reviewed against the Principles for Guiding Development "as a whole and no specific provision shall be construed or applied in isolation from the other provisions." We maintain that the proposed comprehensive plan amendment when reviewed for consistency with the Principles for Guiding Development as a whole is not consistent with the intent of the Principles as a whole and more specifically those provisions identified above. The proposed amendment does not appear to be consistent with Section 380.0552, Florida Statutes, Principles for Guiding Development, specifically Principle (d) which states "To ensure the maximum well-being of the Florida Keys and its citizens through sound economic development." Enterprise Florida commissioned a study prepared by the Haas Center for Business Research and Economic Development at the University of West Florida. The study, Florida Defense Industry Economic Impact Analysis, dated January 2008 describes the positive economic benefits the Navy and other military organizations have on Monroe County. This positive economic impact to Monroe County exceeds $635 million in today's dollars. Briefly the data states: Defense Spending ($ Millions) Procurement $ 35.1 Salaries 78.3 May 23, 2008 8 Pensions & Transfers 34.9 Total Defense Spending $148.3 Average Earning Per Military Job $73,400 County Economic Impact' (2005) $592.3 Million Employment 8,319 Jobs Sales Activity $311.9 Million Consumption $33.9 Million Capital Investments $48.5 Million County Economic Impact' (2007 Projected) $635.1 Million County Economic Impact' (2010 Projected) $645.9 Million 1. For the purposes of this information, County Economic Impact refers to the Gross Product which is the sum of money values of all final goods and services produced in the economy and sold on organized markets during a specified period of time. Source: Florida Defense Facibook January 2008, page 44, prepared by Haas Center for Business Research and Economic Development. Florida Defense Industry Economic Impact Analysis, Volume 2, January 2008, Table 30, page 104, prepared by Haas Center for Business Research and Economic Development. Principle (g) states "To protect the historical heritage of the Florida Keys." There are numerous military installations and sites throughout the Florida Keys. The US military has had a presence in the Key West and the Florida Keys dating back to 1823 when a Naval Base was first established to counteract piracy. The US military and the Navy, specifically, are an intrinsic part of Monroe County's history. It is not uncommon for military personnel to retire and become a permanent part of the Florida Keys after being stationed in the Florida Keys. Principle (h)(4) states: "To protect the values, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments including:... Naval Air Station Key West and other military installations." The proposed significant increase in residential densities within the Noise Zones 2 and 3 as depicted in the 1977 AICUZ footprint and the 2007 AICUZ footprint is an encroachment into military operations and as such may increase the cost of operation or may negatively impact the mission capability of NAS Key West. There are other encroachment challenges created by increased residential densities adjacent military installations in Monroe County that may pose additional public health, safety and welfare concerns. (See attached Encroachment Challenges Synopsis, page 12) Principle (k) states: "To provide adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a postdisaster reconstruction plan." The impacts on the potential increase in densities, population and vehicles was on hurricane evacuation was not considered in the DA. Development in the county has an effect on hurricane evacuation which impacts all of the jurisdictions in Monroe County and could affect the development potential of the other jurisdictions. This hurricane evacuation issue warrants being addressed as part of the required DA. May 23, 2008 9 Principle (1) states: "To protect the public health, safety, and welfare of the citizens of the Florida Keys and maintain the Florida Keys as a unique Florida resource." If the proposed amendment becomes effective, the local government will be permitting increased residential densities in a high noise area and will be creating public health, safety, and welfare concerns. Measures to achieve an outdoor to indoor noise level reduction through sound attenuating construction methods may be an effective method to reduce noise levels in the 64 DNL and lower. It will not, however, eliminate outdoor noise problems. Outdoor living is a part of the Florida Keys lifestyle and will be greatly affected by noise. This is further supported by Chapter 163.3175(1) F.S. as cited above. Chapter 9J5-006(3)(c)2 FAC requires amendments to the future land use element to provide for compatibility of adjacent uses. Chapter 9J-5.003(23) defines "compatibility" as "a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition." The proposed amendment creates a compatibility issue for both the residential uses and military installation. These uses negatively impact each other. The proposed amendment does not enhance the quality of life or ensure the safety of residents and visitors due to compatibility issues. The ordinance has been revised, referencing several comprehensive plan objectives and policies. Comprehensive Plan Policy 601.1.12 which states `By January 4, 1997, Monroe County shall adopt Land Development Regulations which may include density bonuses, impact fee waiver programs, and other possible regulations to encourage affordable housing." Monroe County does have existing LDRs which create density bonuses for affordable housing. Objective 601.2 states "Monroe County shall adopt programs and policies to encourage housing of various types, sizes and price ranges to meet the demands of current and future residents." Monroe County has several LDRs which already implement this objective. Objective 601.6 states `By January 4, 1998, Monroe County shall formulate housing implementation programs corresponding to each of the specific objectives defined within this element, including: 1. the expansion of public information assistance; 2. incentive programs, to be implemented in conjunction with the Permit Allocation System, to promote the development of affordable and elderly housing; and 3. the elimination of substandard housing." It is unclear how the proposed comprehensive plan amendment implements the above objective given the programs and regulations ah-eady in place. The proposed Comprehensive Plan amendment would promote an increase in population living in the high noise areas or accident potential areas, as well as creating other types of encroachment concern. It could be argued that the County would he remiss, in terms of public health, safety and welfare, if they knowingly permitted housing, specifically, affordable housing within the higher noise level areas, contrary to their adopted regulations. It could also be argued that it is discriminatory to relegate affordable housing to those areas which have public health, safety and welfare concerns, such as areas with high noise levels, high volumes of vehicular traffic, etc. The term the Navy (U. Wr 23, zoos 10 S. Government) uses regarding this type of development is contrary to the principles of "Environmental Justice" (as defined by U.S. EPA). We believe that the County's obligation to provide affordable housing is not outweighed by the obligation to protect the County's economic well being, protect public investments or the obligation to protect public health, safety and welfare; hence the properties within the AICUZ footprint should be excluded. As an alternative we would suggest that any areas which pose encroachment challenges to an adjacent or nearby military installation be regulated by an overlay district. An overlay district could provide regulations that would permit compatible development and ensure the military installation's operations sustainability would not be negatively impacted. Approval of this amendment would make a bad situation worse with incompatible development within the latest AICUZ footprint. May 23, zoos 11 ENCROACHMENT CHALLENGES SYNOPSIS The types of encroachment sources, described and defined below are drawn from various studies and reports of Navy and non -Navy actions that have occurred which have had an impact on training and test activities. Although not all encompassing, these potential sources of encroachment need to be examined to determine if they exist at an installation, range, military training routes (MTR), special use airspace (SUA)or operation areas (OPAREA). Once a potential challenge is identified, it should be analyzed to determine the potential impacts and constraints imposed. Urban Development (population growth) — As communities grow toward the boundaries of installations, ranges, OPAREAs, and beneath MTRs and SUAs, land use development could become incompatible with the Navy's mission. Incompatible development can seriously compromise the quality of the Navy's training and test mission requirements. Urban development may not surmount to an immediate threat, but continued incompatible development could present a long-range threat to the mission. Urban development may also damage habitat needed for wildlife to survive, making the installation or range the only available habitat in the area. Airborne noise - The central issue of airborne noise is the impact, or perceived impact, on people, animals (both wild and domestic), structures, and land use. Competition for air space, land, and sea space - The Navy owns, controls, or uses resources, that need to be available to accomplish testing and training missions. These resources must be of sufficient size and quality to provide effective training and testing. Public pressure to share or relinquish some of these resources may inhibit the Navy from accomplishing its training and test objectives, or inhibit anti-terrorism/force protection programs. Competition for scarce resources (oil, gas, minerals, potable and irrigated water, and ocean access) - Community pressure to gain access to valuable resources located on land or sea that Navy owns or controls may affect Navy's ability to use this land or water for training or test objectives. Threatened and Endangered Species — Restrictions for the purpose of protecting threatened or endangered species can reduce the value of an installation, range, or OPAREA for testing and training by limiting the types of permissible activities in terms of composition, magnitude, or timing. Maritime issues (Marine Mammals, Endangered Species, Fish Habitats, Coral Reefs, Coastal Zones, Sanctuaries, and other marine protected areas) -- Regulatory or permit requirements protecting ocean resources cumulatively affects the Navy's ability to conduct training exercises or testing in the marine environment. May 23, zoos 12 Ordnance - Unexploded Ordnance (UXO)/Munitions -- Application of various environmental laws to munitions training, demolition, disposal, or testing activities could have severe and adverse impacts on readiness. Safety Arcs and footprints (Explosive Safety Quantity Distance (ESQD) Arcs, Surface Danger Zones, Weapons Safety Footprint Areas) - Land adjacent to installations and range safety zones, including land within the installation or range, may not be suitable for certain types of land use or economic development purposes. Frequency Spectrum - The competition for available frequency spectrum may lead to a reduction in available spectrum for training and developmental/operational testing activities. The lack of spectrum may decrease the effectiveness of exercises by restricting the number of war -fighting systems that can participate. As the potential for residential and commercial encroachment increases, so does the risk of increased RF emitters and receivers, which could result in Electromagnetic Interference (EMI) problems between Navy systems and public or commercial systems. Air Quality - Impacts to training and test missions in non -attainment areas, and conformance with individual State Implementation Plans (SIPS), may restrict existing mission requirements or preclude execution of new missions, as well as deployment and use of new weapon platforms. Water Quality - Discharge permit requirements and timelines and/or prohibited or restricted access to wetlands and/or their buffer zones can restrict existing mission training, preclude or restrict integration of new technology/weapons systems into existing missions and training or preclude future growth and execution of new missions in amphibious, riverine, estuarine and other salt and fresh water related missions. Interpretation of Historical/Environmental regulations - Regulatory or permit requirements may affect training and testing activities. Other non -Navy actions may affect Navy's current regulatory or permit requirements under these regulations. Interagency Coordination (e.g., Forest Service, Bureau of Land Management (BLM), Bureau of Reclamation (BOR), National Park Service (NPS), U.S. Fish and Wildlife Service (FWS), and State equivalents) - Navy often uses land controlled by another Federal or State agency. The types of allowable uses and restrictions are often the result of negotiations between the parties or subject to the other Federal agency's policies and regulations. These restrictive uses can limit training and testing activities. Legislative initiatives that restrict training or testing activities - Congress may enact legislation that directly or indirectly limits the Navy's flexibility to conduct training or testing activities. May 23'2M 13 RESOLUTION NO. -2008 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE DEPARTMENT OF COMMUNITY AFFAIRS AN ORDINANCE AMENDING MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN POLICIES GOVERNING MAXIMUM DENSITIES FOR AFFORDABLE AND WORKFORCE HOUSING; RESCINDING RESOLUTION 060-2008 WHEREAS, the Board of County Commissioners held a public hearing on May 23, 2008, for the purposes of considering the transmittal to the Florida Department of Community Affairs, for review and comment, a proposed amendment to the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the Board of County Commissioners makes the following findings of fact: 1. The Planning Commission held a public hearing on January 8, 2008, and made recommendations to the Monroe County Board of County Commissioners regarding the ordinance subject to transmittal to the Florida Department of Community Affairs. 2. The proposed ordinance adopting changes to the Monroe County Year 2010 Comprehensive Plan will promote the County's efforts to provide affordable and workforce housing for all residents of the Florida Keys. NOW BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Board of County Commissioners does hereby adopt the recommendation of the Planning Commission to amend the Monroe County Year 2010 Comprehensive Plan. Section 2. The Board of County Commissioners does hereby transmit the proposed amendment to the Florida Department of Community Affairs for review and comment in accordance with the provisions of Sections 163.3184 and 380.0552, Florida Statutes. Section 3. The Monroe County staff is given the authority to prepare and submit the required transmittal letter and supporting documents for the proposed amendment in accordance with the requirement of 9J-11.0006 of the Florida Administrative Code. Section 4. The Clerk of the Board is hereby directed to forward a copy of this resolution to the Director of Planning and Environmental Resources. Section 5. Resolution 060-2008 dated February 20, 2008, transmitting such a proposed comprehensive plan amendment, upon which no action was taken, is hereby rescinded. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting held on the 23rd day of May, A.D., 2008. Mayor Charles "Sonny" McCoy Mayor Pro Tern Mario Di Gennaro Commissioner Sylvia Murphy Commissioner George Neugent Commissioner Dixie Spehar _ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY _ CHARLES "SONNY" McCOY, MAYOR (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK MO R ovCOUNTY e nO Ey FMl Date: DEPUTY CLERK County Attorney 2 BOCC ORDINANCE May 23, 2008 ORDINANCE NO. -2008 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONCERNING GROSS ACREAGE DENSITY CALCULATIONS FOR AFFORDABLE, EMPLOYEE AND WORKFORCE HOUSING; AMENDING THE TEXT OF THE YEAR 2010 COMPREHENSIVE PLAN TO ALLOW MAXIMUM NET DENSITY CALCULATIONS FOR AFFORDABLE, EMPLOYEE, AND WORKFORCE HOUSING TO BE CALCULATED ON A GROSS ACREAGE BASIS WHILE RETAINING OPEN SPACE, SETBACK AND BUFFERING REQUIREMENTS; PROVIDING FOR SEVERABILITY AND THE REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR THE TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY OF STATE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Monroe County Board of County Commissioners (the "Board") has considered the comments of the public, recommendations of the Planning Commission, County staff and the Workforce Housing Task Force and its counsel, the Board's direct responsibility to the act diligently to provide affordable housing opportunities pursuant to the authority and power granted to it by the Legislature in s. 125.01055, F.S.; and WHEREAS, the Board makes the following Findings of Fact and cites the following technical data and analysis from the Monroe County Year 2010 Comprehensive Plan ("Comp Plan") as support for proposed amendment to the Comp Plan as proposed herein: 1. The Monroe County Year 2010 Comprehensive Plan Technical Document Housing Element 7.0 (p. 7-24) projected the number of housing units needed for resident households of Monroe County by 2002 according to various income groups as 7,093 dwelling units for "Very Low" income households, 5,320 dwelling units for "Low" income households, and an additional 5,528 dwelling units needed for "Moderate" income households; and 2. The Monroe County Year 2010 Comprehensive Plan Technical Document Housing Element 7.0 (p. 7-33) also states that the "public sector can provide for a variety of densities which can increase the flexibility of the private sector to provide affordable housing in more situations"; and 3. The Monroe County Year 2010 Comprehensive Plan Technical Document Housing Element 7.0 (p. 7-32) also states that "[c]urrent conditions and projected demands in Monroe County make it appropriate to explore innovative means such as planned unit developments and cluster construction configuration to maximize utilization of scarce land resources in Monroe County"; and 4. The Board at a regular meeting held on February 15, 2006, upon motion made by Commissioner Nelson and Seconded by Commissioner Rice, unanimously approved Resolution No. 094-2006, which among other things resolved "that the Monroe County Planning Department present to the Monroe County Planning Commission for public hearing at the soonest opportunity a proposed ordinance amending the County's land development regulations and any necessary Comprehensive Plan amendments authorizing (1) allowable density for affordable housing projects to be calculated on a `gross' acreage or parcel sq. footage basis (versus, for example, calculation on a `net' of "open space" or other similar basis) ...."; and 5. The Monroe County, Florida, Affordable Housing Needs Assessment, authored by The Metropolitan Center at Florida International University (2007), provides additional recent data and analysis corroborating the information set forth in the Monroe County Year 2010 Comprehensive Plan Technical Document Housing Element 7.0 and supporting the proposed comprehensive plan amendment (a copy of the Assessment is being provided to the Department of Community Affairs with the submittal of this proposed amendment). WHEREAS, the Monroe County Year 2010 Comprehensive Plan Technical Document Housing Element 7.0 confirms that "[1]and prices in Monroe County represent a higher proportion of total development costs than in any other part of Florida" (p. 7-33); and WHEREAS, the Monroe County Year 2010 Comprehensive Plan Technical Document Housing Element 7.0 also states that "[1]ocal ordinances should be adopted which ease land development requirements and construction regulations to reduce the cost of affordable housing development" and that "[d]ensity relaxation" should be included as an incentive to provide for affordable housing projects (p. 7-29); and WHEREAS, the Monroe County Year 2010 Comprehensive Plan Technical Document Housing Element 7.0 directs consideration of housing strategy guidelines, including providing "[a] variety of residential densities" in order "to encourage the private sector to construct a variety of housing unit types" (p. 7-36); and WHEREAS, the Monroe County Year 2010 Comprehensive Plan Policy 601.1.12 directs the County to "adopt Land Development Regulations which may include density bonuses, impact fee waiver programs, and other possible regulations to encourage affordable housing"; and WHEREAS, the Monroe County Year 2010 Comprehensive Plan Objective 601.2 directs the County to "adopt programs and policies to encourage housing of various types, sizes and price ranges to meet the demands of current and future residents"; and WHEREAS, the Monroe County Year 2010 Comprehensive Plan Objective 601.6 directs the County to "formulate housing implementation programs corresponding to each of the specific objectives defined within this element, including "incentive programs, to be E implemented in conjunction with the Permit Allocation System, to promote the development of affordable and elderly housing"; and fact: WHEREAS, the Board of County Commissioners makes the following findings of 1. A lack of sufficient affordable housing opportunities for the local workforce creates serious risks to the local economy. Moreover, increasingly burdensome housing costs and short supply places undue pressure on elderly, working poor and disabled persons. 2. There is limited land area suitable for residential development remaining in the County. 3. There is an ongoing dramatic exodus of working families and other community members from our County with a corresponding decrease in population and the transformation of traditionally available housing stock into seasonal second homes making these dwelling units no longer available for rental by present and future full-time local residents. 4. Permitting the calculation of the maximum number affordable, employee and workforce housing units based upon gross acreage or the total square footage of a given parcel or group of parcels will likely lead to the creation of more affordable housing. 5. This proposed amendment to Policy 101.4.21 will complement the 2010 Comprehensive Plan's existing housing provisions by providing incentives for private and public sector housing creation and/or preservation by maximizing housing uses of appropriate sites. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: [Amendments are presented in stfi ethrr,ugh to indicate deletions and underline to indicate additions to text. All other words, characters, and language of the comprehensive plan remain un- amended.] Section 1. The following language is adopted as an amendment to the Monroe County Year 2010 Comprehensive Plan to replace in its entirety the current Policy 101.4.21, except that the table labeled "Future Land Use Densities and Intensities" that is now part of Policy 101.4.21 shall not be changed by this amendment: Policy 101.4.21 Monroe County hereby adopts the following density and intensity standards for the future land use categories, which are shown on the Future Land Use Map and described in Policies 101.4.1 - 101.4.17. However, the Maximum Net Density for development or redevelol2ment parcels where the residential component constitutes affordable workforce or employee housing, as such housing may be defined by any local, state or federal law or regulation, shall 3 be calculated based upon the gross_acregge or total square footage_of parcel(s) developed or redeveloped into such housing uses. Section 2. If any section, subsection, sentence, clause, item, change, or provision of this ordinance is held invalid, the remainder of this ordinance shall not affected by such validity. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. This ordinance shall be transmitted to the Secretary of State and by the Planning Department to the Department of Community Affairs pursuant to Chapter 163, Florida Statutes. Section 5. This ordinance shall become effective as provided by law. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 201h day of February, A.D., 2008. Mayor Charles "Sonny" McCoy Mayor Pro Tern Mario Di Gennaro Commissioner Sylvia Murphy Commissioner George Neugent Commissioner Dixie Spehar BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M. CHARLES "SONNY" McCOY, MAYOR (SEAL) MONAM COMY ATTORNEY APPRO 0 AS .0 M ATTEST: DANNY L. KOLHAGE, CLERK Date: DEPUTY CLERK APPROVED AS TO FORM: County Attorney 4 STAFF MEMO TO: Monroe County Board of County Commissioners FROM: Lisa Tennyson, Affordable Housing Coordinato THROUGH: Reggie Paros, Division Director of Housing and Community Development DATE: May 9, 2008 SUBJECT: Comprehensive Plan Amendment Transmittal Meeting: Proposed Gross Density Text Amendment MEETING DATE: May 23, 2008 1. Summary This proposed text amendment will simplify density calculations for parcels to be developed or redeveloped as affordable, workforce or employee housing. With this amendment, maximum allowable density shall be calculated on the gross acreage or total square footage of a parcel, without first subtracting the land area required for open space, setbacks and buffer areas. This amendment does not preclude the requirements for open space, setbacks, and buffer areas; they will still apply. The proposed amendment will permit a modest increase in the number of affordable housing units that can be built on a parcel, helping us to address our housing needs, incentivizing affordable development and enhancing its financial feasibility, and in the case of county -owned parcels for affordable housing development, maximizing the county's significant investment. 2. Background In February 2006, BOCC adopted Resolution 094-2006 directing this change in density calculation for affordabletworkforce housing development. In November 2007, the Development Review Committee heard and approved the proposed ordinance. In January 2008, the Planning Commission heard and approved the proposed ordinance. On February 20, 2008, the BOCC heard this proposed ordinance. Much discussion related to the language in the proposed ordinance that specifically indicated that projects incorporating a gross acreage calculation may also be entitled to seek variances and to ensure an understanding that a project with a gross acreage calculation did not necessarily preclude that project from also On February 20, 2008, the BOCC heard this proposed ordinance. The Growth Management Division proposed a slightly modified version of the ordinance (presented as "Option Two") deleting language that referred to any specific occupancy requirements for housing on school district sites, as these are addressed by statute. The ordinance with this modification (Option Two) was approved unanimously, and is the version presented for the May 23, 2008 transmittal meeting. 3. Staff Recommendation Approval. Naval Air Station Key West Comments Monroe County Board of County Commissioners May 23, 2008 Meeting Agenda Item 8 Presented by NAS Key West May 23, 2M f� U ] Item 8 is an amendment to Policy 101.42.1 of Monroe County 2010 Comprehensive Plan. Policy 101.4.21 Monroe County hereby adopts the following density and intensity standards for the future land use categories, which are shown on the Future Land Use Map and described 8in Policies 101.41.1 — 101.4.7. However, the Maximum Net Density for development or redevelopment parcels where the residential component constitutes affordable, workforce or employee housing as such housing may be defined by any local, state or federal law or regulations shall calculated based upon the gross acreage or total square footage of a() parcels) developed as or redeveloped into such housing uses, though applicable oven space setback and buffering requirements shall be adhered to, except where a variance, exception or conditional use otherwise available under the Comprehensive Plan or Monroe County Code has been granted: 19J-5.0060)(OM1. Aeenda Item 8 Comments I am Gail Kenson, Community Planner for Naval Air Station Key West (NAS Key West). Mr. Ron Denies, Executive Director of NAS Key West and the military ex-officio member of the Planning Commission presented our comments on this proposal at the January 5, 2008 Planning Commission meeting and the February 20, 2008 BOCC meeting. In the interest of time, I will briefly outline the Navy's concerns with the proposed Comprehensive Plan amendment. The handout provided to you will more fully describe our position. I would like to make it clear that we are concerned with the properties located in the 1977 and 2007 Air Installations Compatible Use Zones (AICUZ) footprint (but are especially concerned with the 2007 footprint as it reflects the most current data which should be used for planning purposes). If this comprehensive plan amendment was modified to exclude properties located in noise contours CNR 2 and CNR 3 of the 1977 AICUZ and more appropriately the 65 DNL and higher noise contours of the 2007 AICUZ Update as well as the Accident Potential Zones, we would not object to the amendment. As written, the proposed amendment could adversely affect the operations and mission capability of NAS Key West's Boca Chica Air Field due to the increased residential densities within the 1977 and 2007 AICUZ footprints. The goal of the Navy, as the military representative to local government, is to work with Monroe County to protect military installations from the encroachment of incompatible uses, ensure the public's health, safety and welfare, and to protect and preserve existing military operations. The Navy is not opposed to compatible development, especially the development of affordable housing. The issue is one of compatible uses adjacent or proximate to military installations and the future of the installations. If the encroachment creates a severe enough impact on the operations of the military installation, it may be required to change or significantly limit its operations and mission capability. The Principles for Guiding Development, Chapter 380.0552 (7), Florida Statutes (FS) outline the objectives to be met by local government. Two of these principles require local government "to ensure the maximum well-being of the Florida Keys and its citizens May 23, 2N8 2 through sound economic development" and to protect "the value, efficiency, cost- effectiveness, and amortized life of existing and proposed major public investments including: ... Key West Naval Air Station and other military facilities." The impacts of encroachment onto to NAS Key West which would reduce the mission capability could have significant negative economic impacts on Monroe County. Additionally, to support military installations and their positive economic impact on local communities and the state, the Florida Legislature amended Chapter 163.3715, FS. The intent of the amended legislation is: • to protect the military installations in the State from incompatible development; • to protect the public investment in military installations; • to ensure the military installations are able to carry out their operations and missions; and • to ensure the economic vitality of the community is not adversely affected by a reduction in a military installation's operations and sustainability due to encroachment of incompatible development. Enterprise Florida commissioned a study prepared by the Haas Center for Business Research and Economic Development at the University of West Florida. The study, Florida Defense Industry Economic Impact Analysis, dated January 2008 describes the positive economic benefits that the Navy and other military organizations have on Monroe County. This positive economic impact to Monroe County exceeds $635 million in today's dollars. Briefly the data states: Defense Spending ($ Millions) Procurement $ 35.1 Salaries 78.3 Pensions & Transfers 34.9 Total Defense Spending $148.3 Average Earning Per Military Job $73,400 County Economic Impact' (2005) $592.3 Million Employment 8,319 Jobs Sales Activity $311.9 Million Consumption $33.9 Million Capital Investments $48.5 Million County Economic Impact' (2007 Projected) $635.1 Million County Economic Impact' (2010 Projected) $645.9 Million 1. For the purposes of this information, County Economic Impact refers to the Gross Product which is the sum of money values of all final goods and services produced in the economy and sold on organized markets during a specified period of time. source: Florida Defense Factbook January 2008, page 44, prepared by Haas Center for Business Research and Economic Development. Florida Defense Industry Economic Impact Analysis, Volume 2, January 2008, Table 30, page 104, prepared by Haas Center for Business Research and Economic Development. rtay 23, 20M 3 Principle (1) requires local government "to protect the public health, safety, and welfare of the citizens of the Florida Keys..." It could be argued that the County would be remiss, in terms of public health, safety and welfare, if they knowingly permitted housing, specifically, affordable housing within the higher noise level areas, contrary to their adopted regulations. It could also be argued that it is discriminatory to relegate affordable housing to those areas which have public health, safety and welfare concerns, such as areas with high noise levels, high volumes of vehicular traffic, etc. The term the Navy (U. S. Government) uses regarding this type of development is contrary to the principles of "Environmental Justice" (as defined by U.S. EPA). The proposed amendment is not consistent with Chapter 163.3177(6)(a) which requires local governments with military installations to update or amend their comprehensive plan to include criteria and address compatibility of adjacent or closely proximate lands with existing military installations in their future land use element by June 30, 2006. The County has not adopted the required plan amendments. NAS Key West would welcome the opportunity to assist Monroe County to meet this statutory requirement to the benefit of Monroe County, its residents, and military organizations. The Data and Analysis (DA) for the proposed amendment is inadequate and in our opinion does not meet the minimum statutory requirement of Chapter 163.3177(6)(a) FS. The DA does not address the number or location of the parcels that will benefit, the potential number of additional units that might be provided, how additional ROGO allocations will be provided to accommodate increased densities, impacts on infrastructure such as potable water and wastewater, the anticipated population growth, hurricane evacuation, and most importantly the compatibility of uses in close proximity to NAS Key West or other military installations. The DA lacks analysis of potential economic impacts to the community (loss of jobs, revenue, etc.) as a result of the County continuing to permit the encroachment of incompatible development and uses that negatively impact the ability of NAS Key West to continue its current operations. Much of the data referred to in the proposed ordinance is found in the Monroe County 2010 Comprehensive Plan Technical Document and is 15 to 20 years old and out of date. Again, the Navy is not opposed to the development of affordable housing or providing incentives to increase the development of affordable housing in Monroe County that is compatible with military operations. It is estimated that 75 percent of active duty military personnel and civilians employed by the military in Monroe County, rent or own homes in the local markets. The goal of the Navy and other military organizations is to work cooperatively with Monroe County to protect military installations from the encroachment of incompatible uses; ensure affordable housing is located in such areas that protect the public health, safety, and welfare; to protect the military installations from incompatible development; to protect the public investment in military installations; to ensure the military installations are able to carry out their operations and missions; and to ensure the economic vitality of the community is not adversely affected by a reduction in a military installation's operations and sustainability due to encroachment of incompatible development. May 23, zoos 4 We believe that the County's obligation to provide affordable housing is not outweighed by the obligation to protect the County's economic well being, protect public investments or the obligation to protect public health, safety and welfare; hence the properties within the AICUZ footprint should be excluded. As an alternative we would suggest that any areas which pose encroachment challenges to an adjacent or nearby military installation be regulated by an overlay district. An overlay district could provide regulations that would permit compatible development and ensure the military installation's operations sustainability would not be negatively impacted. Approval of this amendment would make a bad situation worse. This concludes my presentation. As I stated previously, we are providing the Commission with our detailed comments in the form of a handout. If you have any questions, I would be happy to answer them. Thank you for the opportunity to comment on behalf of Naval Air Station Key West. May 23, zoos 5 Detailed Navy Comments — May 23, 2008 We question why this proposed amendment is required recognizing that Monroe County has already adopted a number of Comprehensive Plan Goals, Objectives, and Policies as well as Land Development Regulations (LDRs) that provide significant incentives for the preservation and development of affordable housing. These provisions include, but are not limited to, density bonuses, the use of Transfer of Development Rights (TDRs), and the transfer of ROGO allocations from one parcel to another. The Monroe County 2010 Comprehensive Plan Technical Document, which is heavily referenced in the proposed ordinance, provides an abundance of strategies which may be more effective than density increases in the AICUZ. These strategies were developed over 15 years ago and have not been implemented. Additionally, much of the data cited in the ordinance is outdated and not longer accurate. The proposed Comprehensive Plan amendment proposes an increase in the overall density county -wide. This issue has not been addressed. It is our contention that the staff did not provide DCA with the required Data and Analysis (DA) of the impact of the increase in the overall density potential with the amendment, including the estimated increase in numbers of dwellings and population. This analysis/backup information is required to be part of the (DA) for every comprehensive plan and Land Development Regulation (LDR) amendment. Such an analysis should include an inventory of vacant parcels that would be large enough to benefit from an increase in density and in locations where affordable housing would be logical (i.e. dry parcels near employment centers) outside of the AICUZ footprint. We believe the proposed amendment is generally inconsistent with various sections of Chapter 163 FS, Chapter 380.0552 FS, 9J-5 FAC, and the Monroe County 2010 Comprehensive Plan. Chapter 163.3175(1) FS - The proposed comprehensive plan amendment is inconsistent with chapter 163.3175(1) F.S. which states that the Florida Legislature finds that incompatible development of land close to a military installation can adversely affect the ability of the installation to carry out its mission and can threaten public health, safety and welfare. Approval of this ordinance would not be consistent with this statute. There are properties affected by this amendment that are within Noise Zone 2 (CNR 2) and Noise Zone 3 (CNR 3) of the 1977 AICUZ Study and Noise Zones 2 and 3 (65 — 79 DNL) of the 2007 AICUZ Update and as such poses a risk to the public health, safety, and welfare of the residents and poses an adverse impact on NAS Key West's ability to carry out its mission. The County is currently operating under the ordinance they adopted to address the 1977 AICUZ Study. The County has not yet adopted the recommendations of the 2007 AICUZ Update that was forwarded to the County in May 2007. This statute also recognizes the positive economic impact military installations have on a local economy and further "finds it desirable for the local governments in the state to cooperate with military installations to encourage compatible land use, help prevent incompatible encroachment, and facilitate the continued presence of major military installations in this state." The ordinance could adversely affect the operations of Naval Air Station (NAS) May 23, zoos 6 Key West's Boca Chica Air Field due to the increased residential (transient, non -transient, and live-aboardl densities that will be permitted to locate within the 1977 AICUZ noise contours and 2007 AICUZ footprint. In addition to AICUZ-related incompatibility issues, urban development creates other encroachment issues that may, for example, interfere with radio frequencies or impact non -aviation training missions. Chapter 163.3177(6)(a) F.S. states in part; "...The future land use plan shall be based upon surveys, studies, and data regarding the area, including the amount of land required to accommodate anticipated growth; the projected population of the area; the character of undeveloped land; the availability of water supplies, public facilities, and services; the need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community; the compatibility of uses on lands adjacent to or closely proximate to military installations; ..." The Data and Analysis (DA) for the proposed amendments does not adequately address or support an increase in population growth (US Census Bureau data indicates a six percent decline in population for Monroe County between 2000 and 2006), hurricane evacuation, concurrency issues (potable water, highway capacity, etc.), the housing needs associated with the such growth, the need for redevelopment, the elimination of non -conforming uses which are inconsistent with community character, and most importantly the compatibility of uses in close proximity to NAS Key West. The DA does not address the potentially negative economic impacts to the community (loss of jobs, revenue, etc.) should the Navy or other military organization be required to reduce their mission capability because of the continued encroachment of incompatible uses granted permits by Monroe County. Much of the data referred to in the proposed ordinance is found in the Monroe County 2010 Comprehensive Plan Technical Document and is 15 to 20 years old and out of date and no longer accurate. Chapter 163.3177(6)(a) F.S. further states: "The future land use plan element shall include criteria to be used to achieve the compatibility of adjacent or closely proximate lands with military installations." The ordinance does not propose any criteria to achieve compatibility for those properties located in the Noise Zones 2 and 3 in the 2007 AICUZ Study Update. Residential uses are discouraged in the 65 DNL (day night average sound level) to 69 DNL and strongly discouraged in the 70 — 74 DNL noise contours. Additionally, it is recommended that all properties (residential and commercial) in the 60 DNL to 64 DNL noise contours have a Real Estate Fair Disclosure Statement recorded in the Monroe County Public Records, similar to those required by the Escambia County Land Development Code. The Disclosure should notify property owners and occupants: 1) which noise level contour the property is located; and 2) require appropriate site design and the use of sound attenuation construction methods to reduce the noise impact on uses within 60 DNL and higher noise contours for both Key West International Airport and NAS Key West Boca Chica Air Field. The disclosure should also note that these sound attenuation measures do not mitigate outdoor noise. Outdoor living is a part of the Florida Keys lifestyle and will be greatly affected by noise. In addition to or in lieu of the Disclosure Statement the following options could be used to provide notice to property owners: 1) include AICUZ information (similar to affordable housing deed May 23, zoos 7 restrictions) on the Monroe County Property Appraiser's Record Card for affected parcels; 2) include AICUZ noise contours on the GIS maps on the Monroe County Property Appraiser's website (Virginia Beach, Virginia provides this type of service at http://www.vbqov.com/e-gov/emapping/access/getMap.asp); or the Monroe County BOCC could adopt a resolution similar to BOCC Resolution 67-1979 identifying subdivisions within the AICUZ noise contours and record the resolution in the Monroe County Public Records. Upon reviewing 380.0552 Florida Statutes, the Monroe County Area of Critical State Concern (ACSC) Principles for Guiding Development, we understand the County's obligations under the Principles are: "To ensure the maximum well-being of the Florida Keys and its citizens through sound economic development"; To protect the historical heritage of the Florida Keys ; "To protect the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments, including: Naval Air Station Key West'; "To make available adequate affordable housing for all sectors of the population of the Florida Keys"; "To provide adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a post - disaster reconstruction plan'; and "To protect the public health, safety, and welfare of the citizens of the Florida Keys and maintain the Florida Keys as a unique Florida resource." We believe that the County's obligation to provide affordable housing is not outweighed by its obligation to protect public health, safety and welfare; to enhance the quality of life; to protect the County's economic well being; or protect pubic investments; hence the properties within the AICUZ footprint should be excluded. We understand, based on Mr. Coleman's comments to the Board of County Commissioners in his January 23, 2008 staff report, that the proposed amendment must be reviewed against the Principles for Guiding Development "as a whole and no specific provision shall be construed or applied in isolation from the other provisions." We maintain that the proposed comprehensive plan amendment when reviewed for consistency with the Principles for Guiding Development as a whole is not consistent with the intent of the Principles as a whole and more specifically those provisions identified above. The proposed amendment does not appear to be consistent with Section 380.0552, Florida Statutes, Principles for Guiding Development, specifically Principle (d) which states "To ensure the maximum well-being of the Florida Keys and its citizens through sound economic development." Enterprise Florida commissioned a study prepared by the Haas Center for Business Research and Economic Development at the University of West Florida. The study, Florida Defense Industry Economic Impact Analysis, dated January 2008 describes the positive economic benefits the Navy and other military organizations have on Monroe County. This positive economic impact to Monroe County exceeds $635 million in today's dollars. Briefly the data states: Defense Spending ($ Millions) Procurement $ 35.1 Salaries 78.3 May 23, Zoos 8 Pensions & Transfers 34.9 Total Defense Spending $148.3 Average Earning Per Military Job $73,400 County Economic Impact' (2005) $592.3 Million Employment 8,319 Jobs Sales Activity $311.9 Million Consumption $33.9 Million Capital Investments $48.5 Million County Economic Impact' (2007 Projected) $635.1 Million County Economic Impact' (2010 Projected) $645.9 Million 1. For the purposes of this information, County Economic Impact refers to the Gross Product which is the sum of money values of all final goods and services produced in the economy and sold on organized markets during a specified period of time. Source: Florida Defense Facto k, January 2008, page 44, prepared by Haas Center for Business Research and Economic Development. Florida Defense Industry Economic Impact Analysis, Volume 2, January 2008, Table 30, page 104, prepared by Haas Center for Business Research and Economic Development. Principle (g) states "To protect the historical heritage of the Florida Keys." There are numerous military installations and sites throughout the Florida Keys. The US military has had a presence in the Key West and the Florida Keys dating back to 1823 when a Naval Base was first established to counteract piracy. The US military and the Navy, specifically, are an intrinsic part of Monroe County's history. It is not uncommon for military personnel to retire and become a permanent part of the Florida Keys after being stationed in the Florida Keys. Principle (h)(4) states: "To protect the values, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments including:... Naval Air Station Key West and other military installations." The proposed significant increase in residential densities within the Noise Zones 2 and 3 as depicted in the 1977 AICUZ footprint and the 2007 AICUZ footprint is an encroachment into military operations and as such may increase the cost of operation or may negatively impact the mission capability of NAS Key West. There are other encroachment challenges created by increased residential densities adjacent military installations in Monroe County that may pose additional public health, safety and welfare concerns. (See attached Encroachment Challenges Synopsis, page 12) Principle (k) states: "To provide adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a postdisaster reconstruction plan." The impacts on the potential increase in densities, population and vehicles was on hurricane evacuation was not considered in the DA. Development in the county has an effect on hurricane evacuation which impacts all of the jurisdictions in Monroe County and could affect the development potential of the other jurisdictions. This hurricane evacuation issue warrants being addressed as part of the required DA. May za, zoos 9 Principle (1) states: "To protect the public health, safety, and welfare of the citizens of the Florida Keys and maintain the Florida Keys as a unique Florida resource." If the proposed amendment becomes effective, the local government will be permitting increased residential densities in a high noise area and will be creating public health, safety, and welfare concerns. Measures to achieve an outdoor to indoor noise level reduction through sound attenuating construction methods may be an effective method to reduce noise levels in the 64 DNL and lower. It will not, however, eliminate outdoor noise problems. Outdoor living is a part of the Florida Keys lifestyle and will be greatly affected by noise. This is further supported by Chapter 163.3175(1) F.S. as cited above. Chapter 9J5-006(3)(c)2 FAC requires amendments to the future land use element to provide for compatibility of adjacent uses. Chapter 9J-5.003(23) defines "compatibility" as "a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition." The proposed amendment creates a compatibility issue for both the residential uses and military installation. These uses negatively impact each other. The proposed amendment does not enhance the quality of life or ensure the safety of residents and visitors due to compatibility issues. The ordinance has been revised, referencing several comprehensive plan objectives and policies. Comprehensive Plan Policy 601.1.12 which states `By January 4, 1997, Monroe County shall adopt Land Development Regulations which may include density bonuses, impact fee waiver programs, and other possible regulations to encourage affordable housing." Monroe County does have existing LDRs which create density bonuses for affordable housing. Objective 601.2 states "Monroe County shall adopt programs and policies to encourage housing of various types, sizes and price ranges to meet the demands of current and future residents." Monroe County has several LDRs which already implement this objective. Objective 601.6 states `By January 4, 1998, Monroe County shall formulate housing implementation programs corresponding to each of the specific objectives defined within this element, including: 1. the expansion of public information assistance; 2. incentive programs, to be implemented in conjunction with the Permit Allocation System, to promote the development of affordable and elderly housing; and 3. the elimination of substandard housing." It is unclear how the proposed comprehensive plan amendment implements the above objective given the programs and regulations already in place. The proposed Comprehensive Plan amendment would promote an increase in population living in the high noise areas or accident potential areas, as well as creating other types of encroachment concern. It could be argued that the County would be remiss, in terms of public health, safety and welfare, if they knowingly permitted housing, specifically, affordable housing within the higher noise level areas, contrary to their adopted regulations. It could also be argued that it is discriminatory to relegate affordable housing to those areas which have public health, safety and welfare concerns, such as areas with high noise levels, high volumes of vehicular traffic, etc. The term the Navy (U. May 23, zoos 10 S. Government) uses regarding this type of development is contrary to the principles of "Environmental Justice" (as defined by U.S. EPA). We believe that the County's obligation to provide affordable housing is not outweighed by the obligation to protect the County's economic well being, protect public investments or the obligation to protect public health, safety and welfare; hence the properties within the AICUZ footprint should be excluded. As an alternative we would suggest that any areas which pose encroachment challenges to an adjacent or nearby military installation be regulated by an overlay district. An overlay district could provide regulations that would permit compatible development and ensure the military installation's operations sustainability would not be negatively impacted. Approval of this amendment would make a bad situation worse with incompatible development within the latest AICUZ footprint. May 23, 2008 11 ENCROACHMENT CHALLENGES SYNOPSIS The types of encroachment sources, described and defined below are drawn from various studies and reports of Navy and non -Navy actions that have occurred which have had an impact on training and test activities. Although not all encompassing, these potential sources of encroachment need to be examined to determine if they exist at an installation, range, military training routes (MTR), special use airspace (SUA)or operation areas (OPAREA). Once a potential challenge is identified, it should be analyzed to determine the potential impacts and constraints imposed. Urban Development (population growth) — As communities grow toward the boundaries of installations, ranges, OPAREAs, and beneath MTRs and SUAs, land use development could become incompatible with the Navy's mission. Incompatible development can seriously compromise the quality of the Navy's training and test mission requirements. Urban development may not surmount to an immediate threat, but continued incompatible development could present a long-range threat to the mission. Urban development may also damage habitat needed for wildlife to survive, making the installation or range the only available habitat in the area. Airborne noise - The central issue of airborne noise is the impact, or perceived impact, on people, animals (both wild and domestic), structures, and land use. Competition for air space, land, and sea space - The Navy owns, controls, or uses resources, that need to be available to accomplish testing and training missions. These resources must be of sufficient size and quality to provide effective training and testing. Public pressure to share or relinquish some of these resources may inhibit the Navy from accomplishing its training and test objectives, or inhibit anti-terrorism/force protection programs. Competition for scarce resources (oil, gas, minerals, potable and irrigated water, and ocean access) - Community pressure to gain access to valuable resources located on land or sea that Navy owns or controls may affect Navy's ability to use this land or water for training or test objectives. Threatened and Endangered Species — Restrictions for the purpose of protecting threatened or endangered species can reduce the value of an installation, range, or OPAREA for testing and training by limiting the types of permissible activities in terms of composition, magnitude, or timing. Maritime issues (Marine Mammals, Endangered Species, Fish Habitats, Coral Reefs, Coastal Zones, Sanctuaries, and other marine protected areas) -- Regulatory or permit requirements protecting ocean resources cumulatively affects the Navy's ability to conduct training exercises or testing in the marine environment. May 23, 2M 12 Ordnance - Unexploded Ordnance (UXO)/Munitions -- Application of various environmental laws to munitions training, demolition, disposal, or testing activities could have severe and adverse impacts on readiness. Safety Arcs and footprints (Explosive Safety Quantity Distance (ESQD) Arcs, Surface Danger Zones, Weapons Safety Footprint Areas) - Land adjacent to installations and range safety zones, including land within the installation or range, may not be suitable for certain types of land use or economic development purposes. Frequency Spectrum - The competition for available frequency spectrum may lead to a reduction in available spectrum for training and developmental/operational testing activities. The lack of spectrum may decrease the effectiveness of exercises by restricting the number of war -fighting systems that can participate. As the potential for residential and commercial encroachment increases, so does the risk of increased RF emitters and receivers, which could result in Electromagnetic Interference (EMI) problems between Navy systems and public or commercial systems. Air Quality - Impacts to training and test missions in non -attainment areas, and conformance with individual State Implementation Plans (SIPS), may restrict existing mission requirements or preclude execution of new missions, as well as deployment and use of new weapon platforms. Water Quality - Discharge permit requirements and timelines and/or prohibited or restricted access to wetlands and/or their buffer zones can restrict existing mission training, preclude or restrict integration of new technology/weapons systems into existing missions and training or preclude future growth and execution of new missions in amphibious, riverine, estuarine and other salt and fresh water related missions. Interpretation of Historical/Environmental regulations - Regulatory or permit requirements may affect training and testing activities. Other non -Navy actions may affect Navy's current regulatory or permit requirements under these regulations. Interagency Coordination (e.g., Forest Service, Bureau of Land Management (BLM), Bureau of Reclamation (BOR), National Park Service (NPS), U.S. Fish and Wildlife Service (FWS), and State equivalents) - Navy often uses land controlled by another Federal or State agency. The types of allowable uses and restrictions are often the result of negotiations between the parties or subject to the other Federal agency's policies and regulations. These restrictive uses can limit training and testing activities. Legislative initiatives that restrict training or testing activities - Congress may enact legislation that directly or indirectly limits the Navy's flexibility to conduct training or testing activities. May 23, 2M 13