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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better pla(
RICK SCOTT r:6111;
Governor
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July 11, 2011
Heather Carruthers, Mayor
Monroe County Board of County Commissioners
530 Whitehead Street
Key West, Florida 33040
Dear Mayor Carruthers:
Tihis letter requests your assistance in the development of military coordination
goals, objectives, and policies within the Monroe County Comprehensive Plan. The
current Future Land Use Element does not address compatibility of lands adjacent to an
existing military installation. During the 2011 legislative session, Section 163.3175,
Florida Statutes (FS) (attached) was amended and provides that a local government
that does not address compatibility of land proximate to existing military installations in
its future land use plan element by June 30, 2012, shall enter into mediation conducted
pursuant to s. 186.509, F.S. Mediation would include representatives from the Naval
Air Station Key West (NAS Key West), Monroe County, the State Land Planning
Agency, and the South Florida Regional Planning Council and potentially, other private
and owners.
The Monroe County Land Development Regulations, Section 130421 (attached)
provide guidance regarding compatible uses, however, the regulations are based upon
studies conducted by the military in 1977. The maps in use in 1977 were not digitized
and were not in geographic information system format.
The 1977 Air Installation Compatible Use Program ( AICUZ) was developed by
the Department of Defense to provide information and guidance to local governments
regarding safety and compatibility of land uses for property adjacent to military
installations and to prevent encroachment on military lands and missions. The AICUZ
also sought to balance the requirement for adequate aircraft training capabilities at
airfields with community concerns about aircraft noise and accident potential generated
by the training.
2555 SHUMARD OAK BOULEVARD ❑ TALLAHASSEE, FL 32399 -2100
850 - 488 -8466 (p) 0 850 - 921 -0781 (f) ❑ Website: yrww dca state fl us
0 COMMUNITY PLANNING 850.488 -2356 (p) 850-488-3309 (f) 0 FLORIDA COMMUNITIES TRUST 850-922-2207 (p) 850-921-1747 (f) 0
0 HOUSING AND COMMUNITY DEVELOPMENT 850 - 488 - 7956 (p) 850 922 - 5623 (f) 0
Heather Carruthers, Mayor
July 11, 2011
Page 2
The primary factors of encroachment and compatibility that need to be addressed
within the comprehensive plan are the following:
Structure height,
Lighting that would impair pilot vision,
Uses that would generate smoke, steam or dust, or attract birds,
Electronic interference with aircraft communication or navigation,
Noise level reduction for buildings,
Real Estate Disclosures, and
Development is prohibited under the runway, under the clear zone (next to
the runway), and under the accident potential zones.
Military bases and activities in Florida provide an important contribution to the
State's economy, providing approximately $536 million in economic impact within
Monroe County in 2010. The NAS Key West is a significant fighter pilot training center.
The excellent weather conditions and visibility with little competition or delays in
obtaining air space make the Naval Air Station a very cost effective training center for
jet plane pilots.
The methodology for establishing aircraft noise levels has changed from the
"Composite Noise Rating" procedure used in 1977 to a more widely accepted decibel
measurement that predicts the impact of noise on a persons' health and welfare. Noise
levels are now delineated using the day -night average sound level and Sound Exposure
Levels. The noise contours are then presented on a map. Please see Figure 4 -3 within
the attached study. For land use planning purposes, the noise exposure from aircraft
operations is divided into three noise zones ranging between 60 -85 decibels.
• Noise Zone 1 includes areas where less than 65 decibels of noise
will be achieved and noise attenuation is not required.
• Noise Zone 2 includes 65 -75 decibels with a noise level reduction
of at least 25 decibels. Normal construction can be expected to
provide a noise level reduction of 20 decibels and reduction
requirements are stated as 5, 10, and 15 decibels over standard
construction and normally assume air conditioning, upgraded
Sound Transmission Class (STC) ratings in windows, doors and
closed windows. Located within the 65 decibel - noise zone 2 are
portions of Cow Key, Raccoon Key (Key Haven), Stock Island and
all of Geiger Key.
• Noise Zone 3 is more than 75 decibels and is the most severely
impacted area with the highest need for compatible land use
controls. Noise Zone 3 includes Geiger Key, East Rockland Key,
Heather Carruthers, Mayor
July 11, 2011
Page 3
and a small portion of Stock Island to the west of Boca Chica
Channel. See Figure 6 -1. Permanent residential development is
discouraged in this zone with the exception of transient lodging that
can provide noise level reduction measures.
Table 6 -2 of the attached AICUZ provides a list of acceptable
manufacturing, trade, transportation, communication and utility
related land uses that are acceptable in this zone with noise level
reduction measures. These recommended uses are far more
expansive than the land uses that have been adopted under the
Monroe County Future Land Use Map and Zoning designations.
The most relevant and appropriate data available for the County's analysis is
found in the 2007 Air Installation compatible Use Study (AICUZ) which is included within
this packet of information.
You will also find within the attached packet a copy of comprehensive plan goals,
objectives and policies that have been adopted by local governments within Florida to
address military base coordination. I hope the examples will be helpful in examining
how other communities have addressed compatibility of land uses adjacent to military
installations.
Additionally, Section 380.0552(7), Florida statutes contains the Principles for
Guiding Development (attached) for the Florida Keys Area of Critical State Concern.
Principle h requires that development be approved in a manner that protects the value,
efficiency, cost effectiveness, and amortized life of the Key West Naval Air Station.
My staff has worked closely with the County's plans examiners and local
applicants to ensure that replacement housing applications provide sufficient noise level
reduction and sound attenuation to comply with the 2007 decibel requirements. This
procedure helps to prevent noise complaints from the home occupants and to avoid the
necessity of the Department filing appeals of development to the Florida Land and
Water Adjudicatory Commission. Protection of military bases from encroachment is an
issue that rises to the level of statewide significance. Figure 7 -2 provides a clear map
delineating the noise zones. The majority of the land lies within a Noise Zone 2
requiring easily achievable inside sound attenuation.
With the recent legislative changes to Section 163.3175, F.S. and the looming
July 2012 deadline, it is of utmost importance that the County review the 2007 Study,
evaluate the needed changes to the comprehensive plan and land development
regulations, and move forward to resolve military compatibility.
Heather Carruthers, Mayor
July 11, 2011
Page 4
I would like to offer the assistance of Rebecca Jetton to provide technical
assistance to your Planning Division and your Citizens Advisory Group regarding this
matter. It is very important to the Department that the County moves aggressively to
address this matter to forestall a requirement to initiate mediation in July of 2012. The
Department stands ready to assist you in developing your military compatibility policies.
Please telephone Rebecca at 850 922 -1766 for any information that is needed.
Sinc:erel ,
J. omas Beck, Director
Division of Community Planning
cc: Monroe County Board of Commissioners
Roman Gastesi, County Manager
Christine Hurley, Planning Director
Captain Lefere, NAS Key West
Gail Kenson, NAS Key West
Enc:losure(s)
Heather Carruthers, Mayor
July 11,2011
Page 5
Excerpts from Ch. 2011 -139, Laws of Florida
163.3175 Legislative findings on compatibility of development with
Military installations; exchange of information between local governments
and military installations. —
(5) The commanding officer or his or her designee may provide comments
to the affected local government on the impact such proposed changes may
have on the mission of the military installation. Such comments may include:
(a) If the installation has an airfield, whether such proposed changes will
be incompatible with the safety and noise standards contained in the Air
Installation Compatible Use Zone (A1CUZ) adopted by the military installation
for that airfield;
(b) Whether such changes are incompatible with the Installation
Environmental Noise Management Program (IENMP) of the United States
Army;
(c) Whether such changes are incompatible with the findings of a Joint
Land Use Study (JLUS) for the area if one has been completed; and
(d) Whether the military installation's mission will be adversely affected
by the proposed actions of the county or affected local government.
The commanding officer's comments, underlying studies, and reports are not
binding on the local government
(6) The affected local government shall take into consideration any
comments provided by the commanding officer or his or her designee
pursuant to subsection (4) and must also be sensitive to private property
rights and not be unduly restrictive on those rights. The affected local
government shall forward a copy of any comments regarding comprehensive
plan amendments to the state land planning agency.
(9) If a local government, as required under s. 163.3177(6)(a), does not
adopt criteria and address compatibility of lands adjacent to or closely
proximate to existing military installations in its future land use plan
element by June 30, 2012, the local govemment, the military installation, the
state land planning agency, and other parties as identified by the regional
planning council, including, but not limited to, private landowner representatives,
shall enter into mediation conducted pursuant to s. 186.509. if the
local government comprehensive plan does not contain criteria addressing
compatibility by December 31, 2013, the agency may notify the Administration
Commission. The Administration Commission may impose sanctions
pursuant Ito s. 163.3184(8)(11). Any local government that amended its
comprehensive plan to address military installation compatibility requirements
after 2004 and was found to be in compliance is deemed to be in
compliance with this subsection until the local government conducts its
evaluation and appraisal review pursuant to s. 163.3191 and determines that
amendments are necessary to meet updated general law requirements.
Heather Carruthers, Mayor
July 11,2011
Page 6
Monroe County Land Development Regulations
Sec. 130 - 121. - Air installation compatible use zones overlay ( AICUZ).
(a)Generally.
This district provides classifications of property for existing or future
militar airports and_ regu
y lates uses around, adjacent, and in the
approach zones of military airports in order to:
(1)Establish the control of obstructions and construction of structures
affecting navigable airspace in accordance with criteria delineated in
volume XI, part 77 in Federal Aviation Regulations, Florida Department
of Transportation regulations, and this section; and
(2)Protect military airports against encroachment, to implement
appropriate noise abatement strategies, and regulate development and
reduce public exposure of community activities, which are not
compatible with military airport operations.
(b)Restrictions for military airports.
Privately owned property adjacent to the Naval Air Station, Boca Chica,
also known as NAS Key West, shall be developed in accordance with
the map prepared by the U.S. Navy known as figure A or as updated
by the U.S. Navy. This map was prepared in conjunction with the
United States Navy's Air Installation Compatible Use Zone Study
(AICUZ). A true copy of figure A is attached hereto and made a part of
this subsection.
(1)The land use objectives set forth in figure A and the accompanying
land use objectives matrix set forth in figure B were determined by
evaluating the airport operations at NAS Key West, in terms of
composite noise rating (CNR) zones and accident potential zones
(APZ). A copy of figure B is attached hereto and made a part of this
subsection.
(2)The and use objective shown in figure A and figure B shall be used
in determining the allowable land uses for the various AICUZ. Each
land use category was evaluated in terms of compatibility for each land
use in terms of density of population, density of structures, explosion
Heather Carruthers, Mayor
July 11, 2011
Page 7
hazards, air pollution height obstructions, accident d e n resulted in a on zones, and
composite noise rating zones. The evaluation of:
a. No new development;
b. Restricted new development; and
c. No restrictions.
(3) Land use categories were rated as "restricted incompatible. The
various any activity within the category were classified as
various AICUZ are coded as follows:
a. A: Accident potential zone A (APZ -A), the most critical
accident potential zone;
b. B3: Accident potential zone B (APZ -B), the area that has an
identifiable accident potential but less than APZ -A, high noise
impact, CNR zone 3;
c. B2: Accident potential zone B (APZ -B) the area has an
identifiable accident potential but less than APZ -A, moderate
noise impact, CNR zone 2;
d. C3: Accident potential zone C (APZ -C), the area that is less
critical than APZ -B but still may possess potential for accidents;
high noise impact, CNR zone 3;
e. C2: Accident potential zone C, moderate noise impact, CNR
zone 2;
f. C1: Accident potential zone C, low noise impact, CNR zone 1;
g. C3: No accident potential zone; high noise impact, CNR zone
3; and
h. C2: No accident potential zone, moderate noise impact, CNR
zone 2.
9 '3 - 26() Ord No 031 - 2003, § 2)
Figures A and B referenced in this section are not set out herein.