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Home My WebLink AboutItem I2BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:October 19, 2011 Division: Growth Management Bulk Item: Yes No XStaff Contact Person/Phone #:Christine Hurleyx2517 AGENDA ITEM WORDING: Discussion and direction to process the revisions to the military compatibility criteria for inclusion into the Monroe County 2010 Comprehensive Plan,as required by Sections 163.3177 and163.3175, Florida Statutes, and the Monroe County Technical Document related to military compatibility criteria.Staff has revised the draft military compatibility criteriabased upon coordination with staff from Naval Air Station Key West. ITEM BACKGROUND: The Florida Department of Community Affairs (DCA) sent a letter (attachedas Exhibit 1)to Mayor Heather Carruthers, dated July 11, 2011, which stated that the current Monroe County Comprehensive Plan does not address compatibility of lands adjacent to an existing military installation. A local government that does not address compatibility of land proximate to an existing military installation in the future land use plan element by June 30, 2012, shall enter into mediation. Mediation would include representatives from the Naval Air Station Key West, Monroe County, the State Land Planning Agency, the South Florida Regional Planning Council, and potentially other private land owners. If alocal government comprehensive plan does not contain criteria addressing compatibility by December 31, 2013, the agency may notify the Administration Commission, which may impose sanctions pursuant to s. 163.3184(8), F.S., including the direction to state agencies to not provide funds to increase the capacity of roads, bridges, or water and sewer systems for those local governmentswith plan amendments determined not to be in compliance. The Administrative Commission may also specify that the local government is not eligible for grants under the following programs: Florida Small Cities Community Development Block Grant Programs; Florida Recreation Development Assistance Program; and revenue sharing.If the local government has a Coastal Management Element, the Administrative Commission may also specify that the local government is not eligible for funding pursuant to s.161.091, F.S.,regarding beach management and maintenance funding. PREVIOUS RELEVANT BOCC ACTION: On July 15, 2003, the BOCC adopted Ordinance No. 031-2003, amending Section 9.5-252(C)(3)h. (AICUZ) and creating Section 9.5-258 of the Land Development Code that specifies restrictions on private property adjacent to NAS Key West. On July 15, 2011, the BOCC asked the Growth Management Director to include an agenda item on the August BOCC meeting to discuss the DCA letter and military compatibility. On August 17, 2011,BOCC meeting, the Growth Management Director provided a summary of the staff’s meeting with NASKW. The BOCC directed the Growth Management Director to include an agenda item on the September BOCC meeting to provide a status on the development of draft policies to satisfy the requirements of Section 163.3175, F.S., as well as to review proposed revisions to the Technical Document.On August 17, 2011 BOCC meeting, the BOCC also directed the Growth Management Director to include an agenda item on the October BOCC meeting to review the final proposed policies and to provide staff direction on how to proceed. On September 21, 2011, the BOCC directed the Growth Management Director to include an agenda item for the October BOCC meeting to provide a status on the development of draft policies as well as to review proposed revisions to the Technical Documentand to provide staff direction on how to proceed. CONTRACT/AGREEMENT CHANGES:N/A STAFF RECOMMENDATIONS:N/A TOTAL COST:INDIRECT COST: BUDGETED: Yes No DIFFERENTIALOF LOCAL PREFERENCE: COST TO COUNTY:SOURCE OF FUNDS: REVENUE PRODUCING:AMOUNT PER MONTHYear ____ Yes No APPROVED BY: County Atty OMB/PurchasingRisk Management DOCUMENTATION: Included XNot Required___ DISPOSITION:AGENDA ITEM # ÷ÄÔÓÚÓÈ MEMORANDUM MCP&ERD ONROE OUNTY LANNING NVIRONMENTAL ESOURCES EPARTMENT We strive to be caring, professional and fair To: Christine Hurley, AICP, Growth Management Director From: Mayté Santamaria,Assistant Director of Planning & Environmental Resources Date: October 4, 2011 Subject: Status of the development of Military Compatibility Criteria Progress report on the revisions to the military compatibility criteria,for inclusion into the Monroe County 2010 Comprehensive Plan, as required by Sections 163.3177 and 163.3175, Florida Statutes, and the Monroe County Technical Document related to military compatibility criteria. On July 15, 2011, the BOCC asked the Growth Management Director to include an agenda item on the August BOCC meeting to discuss the DCA letter (attached as Exhibit 1)and military compatibility. On August 15, 2011, Monroe County staff met with Naval Air Station Key West (NASKW) staff to discuss the development of military compatibility strategies. During the meeting, Navy operations were discussed and NASKW identified the concerns and desired outcomes related to military compatibility. A summary of the meeting discussion is attached (Exhibit 4). On August 17, 2011, BOCC meeting, the Growth Management Director provided a summary of the staff’s meeting with NASKW. The BOCC directed the Growth Management Director to include an agenda item on the September BOCC meeting to provide a status on the development of draft policies to satisfy the requirements of Section 163.3175, F.S., as well as to review proposed revisions to the Technical Document. On August 17, 2011 BOCC meeting, the BOCC also directed the Growth Management Director to include an agenda item on the October BOCC meeting to review the final proposed policies and to provide staff direction on how to proceed. On September 21, 2011, the BOCC directed the Growth Management Director to include an agenda item for the October BOCC meeting to provide a status on the development of draft policies as well as to review proposedrevisions to the Technical Document and to provide staff direction on how to proceed. ï At the September 21, 2011, BOCCmeeting, staff from Naval Air Station Key West (NASKW) requested additional revisions to the draft military compatibility criteriaas well as the opportunity to continue to work with County staff to review and revise certain policies. At this meeting, the BOCC directed the Growth Management Director to include an agenda item for the October BOCC meeting to provide a status on the development of draft policies as well as to the Technical Document. ththth County staff had discussionswith staff of NASKW on September 14,16and 27to discuss proposed revisions to the criteria.NASKW provided various suggestions(attachedas Exhibit2),whichCounty staff, including legal staff has reviewed. The current draft (Exhibit 3)of the proposed compatibility criteria will be presented to the BOCC as a discussion item on October 19, 2011,to provide a status on the development of the goals, objectives and policies as well as the Technical Document. This draft includes many of the revisions suggested by NASKW. Staff is requesting direction on how to proceed with the proposed criteria. The current proposed schedule is to process the amendmentthrough the following public meetings: October 17, 2011 Development Review Committee meeting November 9, 2011 Planning Commission meeting December 14, 2011 Board of County Commission meeting to transmit the amendment to the State Land Planning Agency î ÷ÄÔÓÚÓÈ Û¨¸·¾·¬ î îòëòé ©?¦®® ?< ª?§®® < ¥§®¥¦®? ? ?< = ??> < < ?? ?? ??< ? ?< ? < ¥¦¨¥§§ ¥§§?¥§§¨ó©¤<ª ? ? ½±²< < Û¨¸·¾·¬ î <? ? ±³³··±²ò ¬®®?§¬¥? ¨«<«§©< ïò = > > ? îò < íò ìò ë < ëò«®?¬®¬ ? §§¥¬®® ¨«<«§©?< < ïò< îò< íò?? ìò???? ëò êò? ??? ? éòó Û¨¸·¾·¬ î èò ? ? çò ïðò ïïò ïîò ïíò<<? ? ? ?< < ? ïìò ª? ?¬§?¬®®§÷ò t úÎÐÐØÏÉâÖ à ÒßÍ Õ»§ É»¬ ®»½±³³»²¼ ¬¸· »½¬·±² ¾» ¼»´»¬»¼ ¿ ·¬ ¼±» ²±¬ °®±ª·¼» ¼¿¬¿ ¿²¼ ¿²¿´§·ò ×¬ · ±°·²·±² °®±ª·¼» ¾§ ¿ ½±«²¬§ ¬®®« ½±³³·¬¬»»ò <¬®®ª? ×º ¬¸· »½¬·±² · ¬± ®»³¿·²ô ·¬ ¸±«´¼ ¾» ¬·¬´» ¬± ¬®®§ < ¬®®§ ®»º´»½¬ ¬¸¿¬ ¬¸» ¿«¬¸±® · ¬¸» ½±«²¬§ Û×Í ±ª»®·¹¸¬ ¥§§< ½±³³·¬¬»» ¿²¼ ¬¸¿¬ ¬¸»§ ¿®» °®±ª·¼·²¹ ¿² ±°·²·±² ±² ¿ Ò¿ª§ ¼±½«³»²¬ ¬¸¿¬ · ²±¬ °¿®¬ ±º ¬¸» ¼¿¬¿ ¬¸¿¬ ¬± ¼»ª»´±° ½±³°®»¸»²·ª» ¹±¿´ô ±¾¶»½¬·ª»ô ¿²¼ °±´·½·»ò ? ?? < ? ¬«¬ó <? ¬®®«< ? < ¬®®« ó©¢ < <? ó¦ ?¬®®§ < Û¨¸·¾·¬ î <? <? < ?< ¬?¬®®ô <§©?¥ · <? < ©¿· îðïïîðïî? ¬®¬ò îðïíîðïî< ? Ý±«²¬§¬¸¿¬ ? >? ¨«<«§©< «®?¬®¬< < «®?¬®¬?< ?? ? ?< «?¬®«? ?<¨«<«¦ª¦?< <? ?? < = > >< ? <¨<®¥?< <? < ½±²¬·²«» < ½±³°´»¬· ? < ÷ÄÔÓÚÓÈ Monroe County Draft Military Compatibility Criteria October 4, 2011 DRAFT ÷ÄÔÓÚÓÈ PROPOSED Military CompatibilityStrategies FUTURE LAND USE ELEMENT Goal 108 Monroe County shall promote and encourage the compatibility of lands adjacent to or closely proximate to the Boca Chica airfield of Naval Air Station Key West (NASKW) pursuant to Sections 163.3175 and 163.3177, Florida Statutes. Objective 108.1 Naval Air Station Key West and Monroe County shall exchange information to encourage effective communication and coordination concerning compatible land uses as defined herein. Policy 108.1.1 Monroe County shall transmit to the commanding officer of Naval Air Station Key West information relating to proposed changes to comprehensive plans, plan amendments, Future Land Use Map amendments and proposed changes to land development regulations which, if approved, would affect the intensity, density, or use of the land adjacent to or in close proximity tothe Naval Air Station Key West(within the Military Installation Area of Impact (MIAI)). Pursuant to statutory requirements, Monroe County shall also transmit to the commanding officer copies of applications for development orders requesting a variance or waiver from height reduction requirements within areas defined in Monroe County’s comprehensive plan as being in the MIAI. Monroe County shall provide the military installation an opportunity to review and comment on the proposed changes. Policy 108.1.2 Monroe County shall coordinate withNaval Air Station Key Westand the Departmentof Economic Opportunity to review Best Practices and provideguidance on recommended sound attenuation options to be identified in development orders for optional implementation in new construction and redevelopment of existing structures in areas located within the MIAI. The list of recommended sound attenuation options may be based on the level of noise exposure, level of sound protection, and the type of residential construction or manufactured housing that is proposed. Monroe County and theNaval Air Station Key Westwill coordinate with the Departmentof Economic Opportunity to identify state and federal housing programs, and to develop informational literature to inform qualified homeowners of the availability of potential funds for sound attenuation. Policy 108.1.3 Within 30 days from the date of receipt from Monroe County of proposed changes,the Naval Air Station Key West commanding officer or his or her designee may provide comments, to Monroe County on the impact proposed changes may have on the mission of the military installation. Monroe County shall forward a copy of any comments regarding comprehensive plan amendments to the state land planning agency. The commanding officer’s comments, underlying studies, and reports shall not be binding on Monroe County. Monroe County shall take into ï DRAFT consideration any comments provided by the Naval Air Station Key West commanding officer or his or her designee and shall also be sensitive to private property rights and not be unduly restrictive on those rights. Policy 108.1.4 Monroe County shall include a representative of Naval Air Station Key West as an ex officio, nonvoting member of Monroe County’s Planning Commission.The NASKW ex officio member represents all military interests in Monroe County. Policy 108.1.5 Monroe County shall notify the Naval Air Station Key West commanding officer or his or her designee of any development proposals that are scheduledfor the Development Review Committee (DRC) at the earliest date possible. NASKW may provide comments on proposals to the DRC. Policy 108.1.6 The Navy is undertaking an Environmental Impact Statement (EIS) to evaluate alternatives for future airfield operations at Naval Air Station Key West. Monroe County shall work closely with the Navy throughout the process of the EIS and shall discourage the Navy from increasing its operations at NASKW that negatively impact the surrounding community. Policy 108.1.7 Monroe County will encourage the Navy to acquire all land they are impacting with their operations and noise within any geographic area with 80+ Day-Night Average Sound Level (DNL). Objective 108.2 Monroe County shall consider the protection of public health, safety and welfare as a principal objective of compatible land use planning on lands adjacent to or closely proximate to the Boca Chica airfield of NASKW. Policy 108.2.1 Monroe County shall adopt an overlay to the Future Land Use Map Series identifying the Military Installation Area of Impact (MIAI); within which growth management policies shall guide land use activities and uses in areas exposed to impacts generated by Navy operations. Policy 108.2.2 Density and intensity standards and land uses established by the Future Land Use Element and Future Land Use Map (insert DATE) for properties located within the MIAI overlay shall be recognized and allowed to develop to the maximum development potential pursuant to the standards existing on (insert DATE). Policy 108.2.3 Monroe County and Naval Air Station Key West (NASKW) recognizethe existing density and intensity, as of DATE, established by the Future Land Use Element and Future Land Use Map for property adjacent to or closely proximate toNASKW.NASKW has indicated that they will î DRAFT not object to the issuance ofdevelopment orders, within the MIAI, if properties have development rights on Future Land Use Map, Land Use District (Zoning) Map, approved development agreements or Section 380.032, F.S., agreements with the State Land Planning Agency.NASKW may provide comments and suggest measures to mitigate potential impacts. Policy 108.2.4 Existing development located within the MIAI overlay shall be recognized and allowed to redevelop. Further, the property’s established density and intensity standards and land uses provided by the Future Land Use Element and Future Land Use Map shall be recognized and allowed to redevelop to the maximum development potential pursuant to the standards existing on(insert DATE). Policy 108.2.5 Monroe County will maintain the Future Land Use Map (FLUM) designations, for any application received after (insert effective DATE),for properties located within the MIAI overlay. FLUM amendments that increase density or intensity within the MIAI overlay received after (insert effectiveDATE),are not permitted unless Monroe County transmits the requested FLUM amendment to NASKW, pursuant to Policy 108.1.1.The transmittal shall include the below described requirements regarding noise levels. The NASKW commanding officer or his or her designee may provide comments, within 30 days, to Monroe County on the proposed removal from the MIAI requirements. Any property owner may submit a scientific study, utilizing option (1) or (2) below,to show that their property is not within a noise zone or land use incompatibility area based on the uses proposed and; therefore, may be excluded from the MIAI by the Board of County Commissioners (BOCC) through a map boundary determination. 1)The scientific study shall be conducted in accordance with professionally accepted methodology and should be conducted in accordance with the following minimum recommended standards to ensure that the parcel is not within the MIAI because the noise level is <65 DNL: Conduct 10 random (representative) 24 hour measurement surveys A sample of 10 days provides an estimate of the actual yearly Ldn (Day-Night o Average Sound Level), accurate to within 1 decibel (dB), with 90 percent confidence Measurements shall be conducted on days when there are active training operations o In order to assure "average" conditions over the 10 days, it isrequiredthat data be o acquired for each direction of airport operation in proportion to the proper (annual) percent Ten (10) representative days is a requirement for estimating the yearly average DNL o If a shorter sample is conducted, the method of extrapolation must be carefully documented and must demonstrate that the short sample is "representative" of the average operation during the day. 2)Alternatively, any property owner maysubmit, with a requested FLUM amendment, a noise study that was modeled using the Integrated Noise Model which has been adopted by the FAA as the standard model used for Part 150 studies or NOISEMAP which is used by the Department of Defense for modeling military aircraft noise for Air Installation Compatible Use Zone. í DRAFT The Board may condition a granting of a boundary determination on a waiver of liability against or indemnification of the County by the requesting property owner for any cause of action or claim based upon the current or future uses and operations at NASKW. Policy 108.2.6 For any application receivedafter (insert effective DATE),within the MIAI overlay, Monroe County will not approve NEW land uses, as demonstrated on the MIAI Land Use Table permitted uses shown in Column #2),through a Future Land Use Map, Text, overlay or LUD ø map amendment. TheMIAI Land Use Table provides the Future Land Use Map (FLUM) Categories (Column 1) as of DATEand includes the permitted uses (Column 2), allocated density per acre (Column 3), maximum net density per buildable acre (Column 4), the floor area ratio (Column5), and corresponding zoning category (Column 6) within each FLUM category located within the MIAI boundary. Further the MIAI Land Use Table provides land uses located within the 65-69 DNL Noise Zone 2 and NASKW’s suggested land use compatibility within this noise zone. The table includes land uses allowed (Column 7), land uses allowed with restrictions (Column 8), land uses that are generally incompatible but allowed with exceptions (Column 9) and the land uses that are not compatible and should be prohibited. Column 11 provides notes associated with Columns 7, 8, 9 and 10 and indicates that additional land uses may be permitted based upon existing (as of Date)provisions adopted within the Comprehensive Plan. Policy 108.2.7 Nonresidential land uses expressly allowed within the residential Future Land Use Categories (see Column 11 MIAI Land Use Table) as land uses permitted in the Land Development Regulations that were in effect immediately prior to the institution of the 2010 Comprehensive Plan (pre-2010 LDR’s), and that lawfully existed on such lands on January 4, 1996, shall be recognized through a “Letter of Development Rights Determination” process and transmitted to the State Land Planning Agency. Policy 108.2.8 Within the MIAI overlay, Monroe County may consider requests from property owners for reduction in density and/or intensity or changes in uses that reduce incompatibility of land uses with Goal108 and associated Objectives and Policies. ì ÷ÄÔÓÚÓÈ îòëòé Þ¿½µ¹®±«²¼ ©?¦®® «<? 1 ?< ª?§®® < ¥§®¥¦®? ? ?< = ??> < 1 < 1 < 1?? ?? ??< ? ?< ? < ¥¦¨¥§§ ¥§§?¥§§¨ó©¤<ª ? ? < ¬®®ª? ¨®ª1 < 1 1 <? ? 1 < ¬®®?§¬¥? ¨«<«§©< ïò = > > ? îò ? < íò ìò ·²¬¿´´¿¬ë < ëò«®?¬®¬ ? §§¥¬®® ¨«<«§©?< ? < ïò< îò< íò?? ìò???? ëò êò? ??? ? ? éòó èò ? ? çò ïðò ïïò ïîò ïíò<<? ?? ? ?< ? ïìò ª? ?¬§?¬®®§÷ò ½³ ½t½®·¬»®·¿ ¬®®«Û² <¬®®ª? ¬®®§ < ¬®®§ ¥§§< 1 < ? ?? < ? ¬«¬ó <? ¬®®«< ? < < ¬®®« ó©¢ < Í¬¿¬»<? ó¦ < ?¬®®§ < ? <? < ?< ¬?¬®®ô <§©?¥ ??.?· - <? < ©¿· îðïïîðïî? ¬®¬ò îðïíîðïî< ? Ý±«²¬§¬¸¿¬ ? >? ¨«<«§©< <? «®?¬®¬< ¬®®§1 < «®?¬®¬?< ? ? ?< «?¬®«? ?<¨«<«¦ª¦?< <? ?? < = > >< ? <¨<®¥?< <? < ½±²¬·²«» < ? < ÷ÄÔÓÚÓÈ MEMORANDUM MCP&ERD ONROE OUNTY LANNING NVIRONMENTAL ESOURCES EPARTMENT We strive to be caring, professional and fair To: Christine Hurley, AICP, Growth Management Director From: Mayté Santamaria,Assistant Director of Planning & Environmental Resources Date: August24, 2011 Subject: Summary of August 15, 2011 Meeting with Naval Air Station Key West Summary our discussions with Naval Air Station Key West (NASKW) on August 15 2011: 1.County staff received an overview of the military installationoperations. 2.NASKW identified the concerns and desired outcomes related to military compatibility NASKW staff: 1.For new development: a.would accept existing density and intensity of the Future Land Use Map, with the corresponding text, with sound attenuation b.would not ask Monroe County to deny permits for any development, within AICUZ or noise contours if properties have development rights on Future Land Use Map or Land Use District (Zoning) Map. 2.For redevelopment: a.would accept existing density and intensity of the Future Land Use Map, with the corresponding text, with sound attenuation b.would not ask Monroe County to deny permits for any development, within AICUZ or noise contours if properties have development rights on Future Land Use Map or Land Use District (Zoning) Map. 3.Would be willing to support the following land use compatibility strategies that Monroe County could adopt as Comprehensive Plan policies: a.Monroe County would not approve Future Land Use Map amendments that would INCREASE density or intensity within 65 DNL and above. b.Within a designated Area of Military Influence, Monroe County would not approve NEW USES (over and above those already permitted) which are individually excluded from a noise zone within the (Table 6-2) 2007 AICUZ, that are not already permitted within a ï Future Land Use Category or Land Use District (LUD) category, through a Future Land Use Map, Text, overlay or LUD map amendment. 4.Related to sound attenuation disclosure: NASKW will be providing information on disclosures other communities makerelated to noise zones. Once the Countyreceivesthis information, the Countywill review together and determine how that could work To determine #3B above, Monroe County staff would need to take the Noise Zone Contours and createa table within each noise zone that demonstrates each FLU category and LUD category with permitted use information. For example: Uses within table 6-2 not permitted within LUD LUD Noise FLUFLUeach noise zone Suburban Maritime ZoneResidential LowIndustrial(over and above ResidentialIndustrial those permitted in the FLUM/LUD) Uses Permitted:Uses Permitted: 1.Residential1.Manufacturing 2.Public2.Warehouse 3.Institutional3.Distribution X, Etc. 14.Vested existing 4.CommercialEtc.Y, uses from 19965.PublicZ, 6.Residential 7.Commercial Fishing NASKWwill providethe following: 1.August 15, 2011 Meeting slide show 2.Noise Study Navy used to develop 2007 AICUZ (if it can be released) 3.EA Correctness finding (DODIG) 4.Map showing geographic area impacts [decreases and increases] (1977 AICUZ to 2007 AICUZ ) 5.Escambia County and other area disclosure examples 6.Table 6-2from the 2007 AICUZ in Excelformat 7.Inventory of Navy owned land within 80 DNL and 85DNL (maps and ownership –if not Navy owned, provide property owner information) 8.1979 resolution where County required disclosure in Big Coppitt Monroe County will provide the following: 1.2003 Ordinance when 1977 AICUZ boundary and land use table was amended to determine differences. î