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Item E6 4 F�• -L 1.T� STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better pla( RICK SCOTT r:6111; Governor rwf 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.