Ordinance 012-2012 4.00(02
I%
- -
ORDINANCE NO. 012 -2012
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADDRESSING THE COMPATIBILITY OF LANDS
ADJACENT TO OR CLOSELY PROXIMATE TO MILITARY
INSTALLATIONS IN THE FUTURE LAND USE ELEMENT IN THE 2010
MONROE COUNTY COMPREHENSIVE PLAN; CREATING GOAL 108,
OBJECTIVE 108.1, POLICY 108.1.1, POLICY 108.1.2, POLICY 108.1.3, POLICY
108.1.4., POLICY 108.1.5, POLICY 108.1.6, POLICY 108.1.7, OBJECTIVE 108.2,
POLICY 108.2.1, POLICY 108.2.2, POLICY 108.2.3, POLICY 108.2.4, POLICY
108.2.5, POLICY 108.2.6, POLICY 108.2.7, AND POLICY 108.2.8; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY; PROVIDING FOR THE FILING WITH THE
SECRETARY OF STATE AND FOR AN EFFECTIVE DATE; AND PROVIDING
FOR THE INCLUSION IN THE MONROE COUNTY 2010 COMPREHENSIVE
PLAN.
WHEREAS, Sections 163.3175, and 163.3177, Florida Statute (F.S.), require local
governments to address compatibility of development with military installations and require the
exchange of information between local governments and military installations; and
WHEREAS, Sections 163.3175, and 163.3177, F.S., require the adoption of criteria to be
used to achieve the compatibility of lands adjacent or closely proximate to military installations
within the future land use plan element by June 30, 2012. 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;
and
WHEREAS, if a local government comprehensive plan does not contain criteria
addressing compatibility by December 31, 2013, the State Land Planning Agency may notify the
Administration Commission, which may impose sanctions pursuant to Section 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 governments with plan amendments
determined not to be in compliance. The Administration 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
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Program; and revenue sharing. If the local government has a Coastal Management Element, the
Administration 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; and
WHEREAS, County staff, in conjunction with representatives of Naval Air Station Key
West has collaborated on various policies and standards to address military compatibility within
the Monroe County 2010 Comprehensive Plan; and
WHEREAS, at the October 19, 2011 Board of County Commissioners (BOCC) meeting,
the BOCC directed Monroe County staff to process the proposed amendments; and
WHEREAS, the Monroe County Development Review Committee considered the
proposed amendment at a regularly scheduled meeting held on the 17th day of October, 2011;
and
WHEREAS, at a regularly scheduled meeting held on the 1st day of December, 2011,
the Monroe County Planning Commission held a public hearing for the purpose of considering
the transmittal to the State Land Planning Agency of a proposed amendment to the Monroe
County Year 2010 Comprehensive Plan and recommended approval of the amendment; and
WHEREAS, at a regularly scheduled meeting held on the 14th day of December, 2011,
the Monroe County Board of the County Commissioners held a public hearing for the purpose of
considering the transmittal to the State Land Planning Agency of a proposed amendment to the
Monroe County Year 2010 Comprehensive Plan and recommended approval of the amendment;
and
WHEREAS, at a regularly scheduled meeting held on the 14th day of December, 2011,
the Monroe County Board of County Commissioners recommended approval of the amendment
and voted to transmit the proposed comprehensive plan amendments to the State Land Planning
Agency; and
WHEREAS, on March 20, 2012, Monroe County received an Objections,
Recommendations and Comments (ORC) report from the State Land Planning. Agency. The
ORC report contained four (4) objections as well as recommendations regarding measures that
can be taken to address the objections to the County's proposed amendment (Amendment No.
12 -1 ACSC); and
WHEREAS, Monroe County has proposed revisions to the proposed goals, objectives
and policies, to address the objections raised by the State Land Planning Agency in the ORC
report; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Monroe County 2010 Comprehensive Plan is amended as follows:
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Goal 108
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,
shall be achieved through the implementation of the Objectives and Policies, incorporated herein.
Achieved is defined as being consistent with the Objectives and Policies, incorporated herein.
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 to the 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 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 with Naval Air Station Key West and the Department of
Economic Opportunity (State Land Planning Agency) to review Best Practices and
provide guidance 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 the Naval Air Station Key West will coordinate with the
Department of 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 consideration any comments provided
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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 scheduled for 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
In order to protect the value, efficiency, cost - effectiveness, and amortized life of
NASKW, pursuant to Section 380.0552 (7)(h)4., F.S., protect the public health, safety,
and welfare of the citizens of the Florida Keys, pursuant to Section 380.0552 (7)(n), F.S.,
and encourage compatibility, Monroe County will encourage the Navy to acquire all land
it is impacting with its operations and noise within any geographic area with 80+ Day -
Night Average Sound Level (DNL), and any areas where an aircraft mishap could occur.
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) to define the zone of influence of NASKW;
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, on the effective date of this policy, 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 the effective date
of this policy.
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Policy 108.2.3
Monroe County and Naval Air Station Key West (NASKW) recognize the existing
density and intensity, as of the effective date of this policy, established by the Future
Land Use Element and Future Land Use Map for property adjacent to or closely
proximate to NASKW. NASKW has indicated that it will not object to the issuance of
development 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 the effective date of this policy.
Policy 108.2.5
Monroe County will maintain the Future Land Use Map (FLUM) designations, for any
application received after the effective date of this policy, for properties located within
the MIAI overlay. FLUM amendments that increase density and/or intensity within the
MIAI overlay received after the effective date of this policy, are not permitted unless
Monroe County transmits the requested FLUM amendment to NASKW, pursuant to
Policy 108.1.1. Within 30 days of receipt, the NASKW commanding officer or his or her
designee may provide comments on the proposed amendment, based on appropriate data
and analysis, to Monroe County indicating whether the property is located within a noise
zone or land use incompatibility zone and whether the proposed density and/or intensity
increase is incompatible with NASKW.
If NASKW indicates the property is within a land use incompatibility zone, the Board of
County Commissioners shall adopt a resolution providing a finding determining whether
the property is subject to the restrictions of increasing density and/or intensity for the
application filed for the property within the MIAI boundary. Monroe County will
maintain the FLUM designations for properties adjacent to or closely proximate to
military installations for which NASKW provided data and analysis, which meets the
requirements of Section 163.3177(1)(f), F.S., as of the effective date of this policy, which
supports a determination that the property is within a land use incompatibility zone.
Additionally, for FLUM amendments requesting an increase of density and/or intensity
within a land use incompatibility zone, Monroe County shall encourage the Navy to
acquire these lands, pursuant to Policy 108.1.7, for the protection of the public health,
safety, and welfare of the citizens of the Florida Keys.
If NASKW indicates the property is within a noise zone, Monroe County may consider
Future Land Use Map amendments requesting an increase in density and/or intensity
within the MIAI overlay, if the property owner submits a supplemental noise study, based
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on professionally accepted methodology approved by Monroe County and NASKW, to
determine whether the noise level is greater than or less than 65 DNL (Day -Night
Average Sound Level) at the subject property (site) requesting the proposed FLUM
amendment.
• Once the applicant submits the supplemental noise study, Monroe County and
NASKW shall review the submitted, supplemental noise study for professionally
acceptable sufficiency. The Naval Air Station Key West commanding officer or
his or her designee may provide comments, based on appropriate data and
analysis, to Monroe County stating whether the Navy recognizes the noise study
as a "professionally accepted methodology."
• NASKW shall be provided up to nine (9) months from receipt of the supplemental
noise study, submitted with the application requesting a FLUM amendment which
proposes increases in density and/or intensity within the MIAI overlay, to provide
comments to Monroe County. Once comments are received or, if comments are
not received within nine (9) months from NASKW, the County shall allow the
applicant to proceed through the public hearing process with the submitted,
supplemental noise study, based upon the methodology defined in the Monroe
County Technical Document of the adopted Monroe County Comprehensive Plan.
• Monroe County shall take into consideration any comments and accompanying
data and analysis, provided by the Naval Air Station Key West commanding
officer or his or her designee regarding the professional acceptability of the
methodology of the noise study.
• Considering the supplemental noise study, based on professionally accepted
methodology reviewed by Monroe County and NASKW, if provided, the Board
of County Commissioners shall adopt a resolution providing a finding
determining whether the property, within the MIAI boundary, is or is not subject
to the restrictions on increasing density and/or intensity for the application filed.
• After 90 days of the adoption of the Board of County Commission resolution,
Monroe County will schedule the required public hearings for the FLUM
application requesting an increase in density and/or intensity, filed for the
property within the MIAI boundary.
Alternatively, with a requested FLUM amendment, a supplemental noise study, based on
professionally acceptable methodology, can be submitted 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 Zones.
The Board of County Commissioners may condition a granting of a resolution 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.
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Policy 108.2.6
For any application received after the effective date of this policy, 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 map amendment.
The MIAI Land Use Table provides the Future Land Use Map (FLUM) Categories
(Column 1) as of the effective date of this policy and includes the permitted uses
(Column 2), allocated density per acre (Column 3), maximum net density per buildable
acre (Column 4), the floor area ratio (Column 5), 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 the provisions adopted within the Comprehensive Plan
(reference the MIAI Land Use Table attached as Exhibit 1).
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 Goal 108 and associated Objectives and Policies.
Section 2. The Military Installation Area of Impact Land Use Table pursuant to Policy
108.2.6 is hereby adopted and attached hereto as Exhibit 1.
Section 3. Severability. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this ordinance shall
not be affected by such validity.
Section 4. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
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Section 5. Transmittal. This ordinance shall be transmitted by the Director of Planning to
the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
Statutes.
Section 6. Filing and Effective Date. This ordinance shall be filed in the Office of the
Secretary of the State of Florida but shall not become effective until a notice is
issued by the State Land Planning Agency or Administration Commission finding
the amendment in compliance with Chapter 163, Florida Statutes and after any
applicable appeal periods have expired.
Section 7. Inclusion in the Comprehensive Plan. The numbering of the foregoing
amendment may be renumbered to conform to the numbering in the Monroe
County Year 2010 Comprehensive Plan and shall be incorporated in the Monroe
County Year 2010 Comprehensive Plan.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at axuguiar meeting held on the 22nd day of May , 2012.
special
Mayor David Rice Yes
Mayor pro tem Kim Wigington Yes
Commissioner Sylvia Murphy Yes
Commissioner George Neugent Yes
Commissioner Heather Carruthers Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor David •
(SEAL),
MO A NR PPROVE D TO OE CO T ATT N
O
ATTEST: DANNY L. KOLHAGE, CLERK � y��
Date: n ra vJ l()
DEPUTY CLERK
Ev
C)
CD C
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Policy 108.2.6 MIAI Land Use Table
Comprehensive Plan Future Land Use Map Designation categoriesMilitary Installation Area of Influence
located within the Military Installation Area of Influence(65-69 DNL Noise Zone 2)
78910
123456
11
IntensityCorresponding Zoning Uses Allowed Uses Generally Incompatible (allowed Uses Not Compatible &
FLUM CategoryUsesAllocated DensityMax Net DensityUses Allowed with Restictions*
Notes
(FAR)Categoriesin MIAIwith exceptions)**should be Prohibited
Food & kindred products; manufacturing
Textile mill products; manufacturing
Apparel and other finished products; products made from fabrics, leather and similar
materials; manufacturing
Lumber and wood products (except furniture); manufacturing
Furniture and fixtures; manufacturing
Paper and allied products; manufacturing
Printing, publishing, and allied industries
Chemicals and allied products; manufacturing
Petroleum refining and related industriesGovernment Services
Rubber and misc. plastic products; manufacturingNature exhibits
Household Units
Stone, clay and glass products; manufacturingOutdoor sports arenas, spectator sports
Single units: detached
Primary metal products; manufacturingRecreational activities (include golf courses,
Single units: semidetached
Fabricated metal products; manufacturingriding stables, water rec.)
Single units: attached row
Professional scientific, and controlling instruments; photographic and optical goods; Resorts and group camps
Two units: side-by-side
watches and clocksParks
Two units: one above the other
Miscellaneous manufacturingOther cultural, entertainment and recreation
Apartments: walk-upOutdoor music shells,Navy Suggested Land Use Compatibility for
N/AN/AN/AN/AN/AN/A
Railroad, rapid rail transit, and street railway transportationAgriculture (except live stock)
Apartment: elevatorAmphitheatersthe 65-69 DNL Noise Zone 2
Motor vehicle transportationLivestock farming
Group quarters
Aircraft transportationAnimal breeding
Residential Hotels
Marine craft transportationAgriculture related activities
Mobile home parks or courts
Highway and street right-of-wayForestry Activities
Transient lodgings
Automobile parkingHospitals, other medical fac.
Other residential
CommunicationEducational services
Nursing Homes
UtilitiesCultural activities (& churches)
Other transportation, communication and utilitiesAuditoriums, concert halls
Wholesale trade
Retail trade – building materials, hardware and farm equipment
Retail trade – shopping centers
Retail trade - food
Retail trade – automotive, marine craft, aircraft and accessories
Retail trade – apparel and accessories
Retail trade – furniture, home, furnishings and equipment
Retail trade – eating and drinking establishments
Other retail trade
Household Units
Single units: detached
Single units: semidetached
Railroad, rapid rail transit, and street railway transportation
Single units: attached row
Motor vehicle transportation
Two units: side-by-side
Aircraft transportation
Two units: one above the other
Marine craft transportation
Government ServicesApartments: walk-up
6 du12 duHighway and street right-of-way
Military
federally owned lands used for military purposes0.30-0.50Military Facilities Apartment: elevator
10 rooms/spaces20 rooms/spacesAutomobile parking
Group quarters
Communication
Residential Hotels
Utilities
Mobile home parks or courts
Other transportation, communication and utilities
Transient lodgings
Other residential
Nursing Homes
Communication
0 duN/Ano directly corresponding Utilities
Public Facilities
land owned by public utilities and service providers0.10-0.30Government Services
0 rooms/spacesN/AzoningOther transportation, communication and utilities
Household Units
Single units: detached
Nature exhibits
Single units: semidetached
Outdoor sports arenas, spectator sports
Single units: attached row
Recreational activities (include golf courses,
Two units: side-by-side
riding stables, water rec.)
institutional uses by federally tax-exempt, non-Two units: one above the other
Resorts and group camps
profit facilities; andApartments: walk-up
0 duN/Ano directly corresponding ParksOutdoor music shells,
Institutional
related residential and non-residential uses, 0.25-0.40Apartment: elevator
3-15 rooms/spaces6-24 rooms/spaceszoningOther cultural, entertainment and recreationAmphitheaters
including student and employee housing shall be Group quarters
Hospitals, other medical fac.
allowedResidential Hotels
Educational services
Mobile home parks or courts
Cultural activities (& churches)
Transient lodgings
Auditoriums, concert halls
Other residential
Nursing Homes
Policy 108.2.6 MIAI Land Use Table
Comprehensive Plan Future Land Use Map Designation categoriesMilitary Installation Area of Influence
located within the Military Installation Area of Influence(65-69 DNL Noise Zone 2)
78910
123456
11
IntensityCorresponding Zoning Uses Allowed Uses Generally Incompatible (allowed Uses Not Compatible &
FLUM CategoryUsesAllocated DensityMax Net DensityUses Allowed with Restictions*
Notes
(FAR)Categoriesin MIAIwith exceptions)**should be Prohibited
Nature exhibits
Outdoor sports arenas, spectator sports
Recreational activities (include golf courses,
riding stables, water rec.)
Group quarters
Resorts and group camps
Highway and street right-of-wayResidential HotelsOutdoor music shells,
public and private activity-based and resource-0.25 duN/AParks
Recreation
0.20Park & Refuge districtAutomobile parkingMobile home parks or courtsAmphitheaters
based recreational facilities2 rooms/spacesN/AOther cultural, entertainment and recreation
Retail trade – eating and drinking establishmentsTransient lodgings
Animal breeding
Other residential
Educational services
Cultural activities (& churches)
Auditoriums, concert halls
Nature exhibits
Outdoor sports arenas, spectator sports
Recreational activities (include golf courses,
preservation of natural and historic resources;riding stables, water rec.)
0 duN/A
Conservation
compatible passive recreational uses; and0.05Conservation districtResorts and group camps
0 rooms/spacesN/A
public uses Parks
Other cultural, entertainment and recreation
Animal breeding
Educational services
Food & kindred products; manufacturing
Textile mill products; manufacturing
Apparel and other finished products; products made from fabrics, leather and
similar materials; manufacturing
Lumber and wood products (except furniture); manufacturing
Furniture and fixtures; manufacturing
Paper and allied products; manufacturing
Printing, publishing, and allied industries
Chemicals and allied products; manufacturing
Petroleum refining and related industries
Rubber and misc. plastic products; manufacturing
Stone, clay and glass products; manufacturing
Household Units
Primary metal products; manufacturing
Single units: detached
Fabricated metal products; manufacturing
Single units: semidetached
Professional scientific, and controlling instruments; photographic and optical
Single units: attached row
goods; watches and clocks
industrial, manufacturing, and warehouse and Two units: side-by-side
1. Industrial districtMiscellaneous manufacturing
distribution uses; and1 du2 duTwo units: one above the other
Industrial
0.25-0.60Railroad, rapid rail transit, and street railway transportationGovernment Services
other commercial, public, residential, and 0 rooms/spacesN/AApartments: walk-up
2. Maritime Industries districtMotor vehicle transportation
commercial fishing-related uses are also allowedApartment: elevator
Aircraft transportation
Group quarters
Marine craft transportation
Mobile home parks or courts
Highway and street right-of-way
Other residential
Automobile parking
Nursing Homes
Communication
Utilities
Other transportation, communication and utilities
Wholesale trade
Retail trade – building materials, hardware and farm equipment
Retail trade – shopping centers
Retail trade - food
Retail trade – automotive, marine craft, aircraft and accessories
Retail trade – apparel and accessories
Retail trade – furniture, home, furnishings and equipment
Retail trade – eating and drinking establishments
Other retail trade
Policy 108.2.6 MIAI Land Use Table
Comprehensive Plan Future Land Use Map Designation categoriesMilitary Installation Area of Influence
located within the Military Installation Area of Influence(65-69 DNL Noise Zone 2)
78910
123456
11
IntensityCorresponding Zoning Uses Allowed Uses Generally Incompatible (allowed Uses Not Compatible &
FLUM CategoryUsesAllocated DensityMax Net DensityUses Allowed with Restictions*
Notes
(FAR)Categoriesin MIAIwith exceptions)**should be Prohibited
Household Units
Single units: detached
Single units: semidetached
Retail trade – building materials, hardware and farm equipmentOutdoor sports arenas, spectator sportsSingle units: attached row
commercial zoning districts where various types of 1. Recreational Vehicle
Retail trade – shopping centersRecreational activities (include golf courses, Two units: side-by-side
commercial retail and office may be permitted;district
Retail trade - foodriding stables, water rec.)Two units: one above the other
employee housing and commercial apartments are
1-6 du6-18 duRetail trade – automotive, marine craft, aircraft and accessoriesResorts and group campsApartments: walk-upOutdoor music shells,
Mixed Use/Commercial
also permitted; and0.10-0.452. Suburban Commercial
5-15 rooms/spaces10-25 rooms/spacesRetail trade – apparel and accessoriesOther cultural, entertainment and recreationApartment: elevatorAmphitheaters
mixed use development patterns - various types of district
Retail trade – furniture, home, furnishings and equipmentCultural activities (& churches)Group quarters
residential and non-residential uses may be
Retail trade – eating and drinking establishmentsAuditoriums, concert hallsResidential Hotels
permitted3. Mixed Use district
Other retail tradeMobile home parks or courts
Transient lodgings
Other residential
Nursing Homes
Food & kindred products; manufacturing
Primary metal products; manufacturing
Fabricated metal products; manufacturing
Rubber and misc. plastic products; manufacturingHousehold Units
Miscellaneous manufacturingSingle units: detached
Railroad, rapid rail transit, and street railway transportationSingle units: semidetached
Motor vehicle transportationSingle units: attached row
commercial fishing and related traditional uses
Aircraft transportationTwo units: side-by-side
such as retail, storage, and repair and
Mixed Use/Commercial
Approx. 3-8 du12 duCommerical Fishing Area Marine craft transportationTwo units: one above the other
maintenance which support the commercial fishing 0.25-0.40
Fishing
0 rooms/spaces0 rooms/spacesdistrict Highway and street right-of-wayApartments: walk-up
industry; and
Automobile parkingApartment: elevator
residential uses are also permitted.
CommunicationGroup quarters
UtilitiesMobile home parks or courts
Other transportation, communication and utilitiesOther residential
Wholesale trade
Retail trade - food
Retail trade – eating and drinking establishments
Other retail trade
Household Units There may be other uses based upon LDC.
Any other nonresidential use that was listed as a
Single units: detached
permitted use in the Land Development Regulations that
Single units: semidetached
Highway and street right-of-way
were in effect immediately prior to the institution of the
Single units: attached row
very low-density residential development; and1. Offshore Island districtAutomobile parking
2010 Comprehensive Plan (pre-2010 LDR’s), and that
0-0.25 duN/ATwo units: side-by-side
Residential Conservation
low-intensity public uses and utilities are also 0-0.10Communication
lawfully existed on such lands on January 4, 1996 to
0 rooms/spacesN/ATwo units: one above the other
allowed2. Native Area districtUtilities develop, redevelop, reestablish and/or substantially
Apartments: walk-up
improve provided that the use is limited in intensity, floor
Other transportation, communication and utilities
Apartment: elevator
area, density and to the type of use that existed on
Group quarters
January 4, 1996 or limit to what the pre-2010 LDR’s
Other residential
allowed, whichever is more restricted.
Policy 108.2.6 MIAI Land Use Table
Comprehensive Plan Future Land Use Map Designation categoriesMilitary Installation Area of Influence
located within the Military Installation Area of Influence(65-69 DNL Noise Zone 2)
78910
123456
11
IntensityCorresponding Zoning Uses Allowed Uses Generally Incompatible (allowed Uses Not Compatible &
FLUM CategoryUsesAllocated DensityMax Net DensityUses Allowed with Restictions*
Notes
(FAR)Categoriesin MIAIwith exceptions)**should be Prohibited
Household Units
Single units: detached
There may be other uses based upon LDC.
Single units: semidetached
Any other nonresidential use that was listed as a
Single units: attached row
permitted use in the Land Development Regulations that
1. Urban Residential - Two units: side-by-side
were in effect immediately prior to the institution of the
Mobile Home districtTwo units: one above the other
high-density single-family, multi-family, and approx. 3-16 du
2010 Comprehensive Plan (pre-2010 LDR’s), and that
12 duApartments: walk-up
Residential High
institutional residential development, including (1-2 du/lot)0
lawfully existed on such lands on January 4, 1996 to
20 rooms/spaces2. Urban Residential - Apartment: elevator
develop, redevelop, reestablish and/or substantially
mobile homes and manufactured housing10 rooms/spaces
Mobile Home - Limited Group quarters
improve provided that the use is limited in intensity, floor
DistrictResidential Hotels
area, density and to the type of use that existed on
Mobile home parks or courts
January 4, 1996 or limit to what the pre-2010 LDR’s
Transient lodgings
allowed, whichever is more restricted.
Other residential
Nursing Homes
There may be other uses based upon LDC.
Any other nonresidential use that was listed as a
Household Units
permitted use in the Land Development Regulations that
Single units: detached
were in effect immediately prior to the institution of the
Single units: semidetached
one residential dwelling unit for each such platted approx. 0.5-8 du
2010 Comprehensive Plan (pre-2010 LDR’s), and that
N/ASingle units: attached row
Residential Medium
lot or parcel which existed at the time of plan (1 du/lot)0Improved Subdivision district
lawfully existed on such lands on January 4, 1996 to
N/ATwo units: side-by-side
develop, redevelop, reestablish and/or substantially
adoption0 rooms/spaces
Two units: one above the other
improve provided that the use is limited in intensity, floor
Apartments: walk-up
area, density and to the type of use that existed on
Apartment: elevator
January 4, 1996 or limit to what the pre-2010 LDR’s
allowed, whichever is more restricted.
There may be other uses based upon LDC.
Any other nonresidential use that was listed as a
Household Units
permitted use in the Land Development Regulations that
Single units: detached
were in effect immediately prior to the institution of the
low-density residential development in partially 1. Sparsely Settled districtSingle units: semidetached
2010 Comprehensive Plan (pre-2010 LDR’s), and that
developed areas with substantial native 0.25-0.50 du5 duSingle units: attached row
Residential Low
0.20-0.25
lawfully existed on such lands on January 4, 1996 to
vegetation; and low intensity public and low 0 rooms/spacesN/A2. Suburban Residential Two units: side-by-side
develop, redevelop, reestablish and/or substantially
intensity institutional uses are also allowed.districtTwo units: one above the other
improve provided that the use is limited in intensity, floor
Apartments: walk-up
area, density and to the type of use that existed on
Apartment: elevator
January 4, 1996 or limit to what the pre-2010 LDR’s
allowed, whichever is more restricted.
Policy 108.2.6 MIAI Land Use Table
Comprehensive Plan Future Land Use Map Designation categoriesMilitary Installation Area of Influence
located within the Military Installation Area of Influence(65-69 DNL Noise Zone 2)
78910
123456
11
IntensityCorresponding Zoning Uses Allowed Uses Generally Incompatible (allowed Uses Not Compatible &
FLUM CategoryUsesAllocated DensityMax Net DensityUses Allowed with Restictions*
Notes
(FAR)Categoriesin MIAIwith exceptions)**should be Prohibited
2007 AICUZ Study Table 6-2 notes:
*Uses Allowed with Restictions.
The land use and related structures are generally compatible.
Note 1
a) Although local conditions regarding the need for housing may require residential use in these Zones, residential use is discouraged in DNL 65-69 and strongly discouraged in DNL 70-74.
The absence of viable alternative development options should be determined and an evaluation should be conducted locally prior to local approvals indicating that a demonstrated community
need for the esidential use would not be met if development
were prohibited in these Zones.
b) Where the community determines that these uses must be allowed, measures to achieve and outdoor to indoor Noise Level Reduction (NLR) of at least 25 dB in DNL 65-69 and NLR of 30
dB in DNL 70-74 should be incorporated into building codes and be in individual approvals; for transient housing a NLR of at least 35 dB should be incorporated in DNL 75-79.
c) Normal permanent construction can be expected to provide a NLR of 20 dB, thus the reduction requirements are often stated as 5, 10 or 15 dB over standard construction and normally
assume mechanical ventilation, upgraded Sound Transmission Class (STC) ratings in windows and doors and closed windows year round. Additional consideration should be given to modifying
NLR levels based on peak noise levels or vibrations.
d) NLR criteria will not eliminate outdoor noise problems. However, building location and site planning, design and use of berms and barriers can help mitigate outdoor noise exposure
NLR particularly from ground level sources. Measures that reduce noise at a site should be used wherever practical in preference to measures that only protect interior spaces.
Note 7
Land use compatible provided special sound reinforcement systems are installed.
Note 8
Residential buildings require a NLR of 25
Note 25, 30 or 35
The numbers refer to Noise Level Reduction levels. Land Use and related structures generally compatible however, measures to achieve NLR of 25, 30 or 35 must be incorporated into design
and construction of structures. However, measures to achieve an overall noise reduction do not necessarily solve noise difficulties outside the structure and additional evaluation is
warranted. Also, see notes indicated by superscripts where they
appear with one of these numbers.
Uses Generally Incompatible (allowed with exceptions).
** The land use and related structures are generally incompatible.
Note 1
a) Although local conditions regarding the need for housing may require residential use in these Zones, residential use is discouraged in DNL 65-69 and strongly discouraged in DNL 70-74.
The absence of viable alternative development options should be determined and an evaluation should be conducted locally prior to local approvals indicating that a demonstrated community
need for the esidential use would not be met if development
were prohibited in these Zones.
b) Where the community determines that these uses must be allowed, measures to achieve and outdoor to indoor Noise Level Reduction (NLR) of at least 25 dB in DNL 65-69 and NLR of 30
dB in DNL 70-74 should be incorporated into building codes and be in individual approvals; for transient housing a NLR of at least 35 dB should be incorporated in DNL 75-79.
c) Normal permanent construction can be expected to provide a NLR of 20 dB, thus the reduction requirements are often stated as 5, 10 or 15 dB over standard construction and normally
assume mechanical ventilation, upgraded Sound Transmission Class (STC) ratings in windows and doors and closed windows year round. Additional consideration should be given to modifying
NLR levels based on peak noise levels or vibrations.
d) NLR criteria will not eliminate outdoor noise problems. However, building location and site planning, design and use of berms and barriers can help mitigate outdoor noise exposure
NLR particularly from ground level sources. Measures that reduce noise at a site should be used wherever practical in preference to measures that only protect interior spaces.
NLR (Noise Level Reduction) Noise Level Reduction (outdoor to indoor) to be achieved through incorporation of noise attenuation into the design and construction of the structure.
Navy Suggested Land Use Compatibility for the 65-69 DNL Noise Zone 2
Uses Allowed in MIAIUses Allowed with RestictionsUses Not Compatible & Should be Prohibited
Uses Generally Incompatible (allowed with exceptions)
(Y on Table 6-2)(Y1, Y7, Y8 and 25 on Table 6-2)(N on Tbale 6-2)
(N1 on Table 6-2)
Food & kindred products; manufacturing
Textile mill products; manufacturing
Apparel and other finished products; products made from fabrics, leather and similar materials; manufacturing
Lumber and wood products (except furniture); manufacturing
Furniture and fixtures; manufacturing
Paper and allied products; manufacturing
Printing, publishing, and allied industries
Chemicals and allied products; manufacturing
Petroleum refining and related industriesGovernment Services
Rubber and misc. plastic products; manufacturingNature exhibits
Household Units
Stone, clay and glass products; manufacturingOutdoor sports arenas, spectator sports
Single units: detached
Primary metal products; manufacturingRecreational activities (include golf courses, riding stables, water rec.)
Single units: semidetached
Fabricated metal products; manufacturingResorts and group camps
Single units: attached row
Professional scientific, and controlling instruments; photographic and optical goods; watches and clocksParks
Two units: side-by-side
Miscellaneous manufacturingOther cultural, entertainment and recreation
Two units: one above the other
Railroad, rapid rail transit, and street railway transportationAgriculture (except live stock)
Apartments: walk-upOutdoor music shells,
Motor vehicle transportationLivestock farming
Apartment: elevatorAmphitheaters
Aircraft transportationAnimal breeding
Group quarters
Marine craft transportationAgriculture related activities
Residential Hotels
Highway and street right-of-wayForestry Activities
Mobile home parks or courts
Automobile parkingHospitals, other medical fac.
Transient lodgings
CommunicationEducational services
Other residential
UtilitiesCultural activities (& churches)
Nursing Homes
Other transportation, communication and utilitiesAuditoriums, concert halls
Wholesale trade
Retail trade – building materials, hardware and farm equipment
Retail trade – shopping centers
Retail trade - food
Retail trade – automotive, marine craft, aircraft and accessories
Retail trade – apparel and accessories
Retail trade – furniture, home, furnishings and equipment
Retail trade – eating and drinking establishments
Other retail trade
MONROE COUNTY COURTHOUSE 4��11 BRANCH OFFICE:
` pO U NTy
500 WIII "fEHEAD STREET, SUITE 101 ,+�1 c 0 PLANTATION KEY
P
KEY WEST, FLORIDA 33040 s• � a GOVERNMENT CENTER
TEL. (305) 294 - 4641 / *: , 1M'� * #0 88820 OVERSEAS HIGHWAY
FAX (305) 295 - 3663 / ;'• PLANTATION KEY, FLORIDA 33070
. � . 'e i TEL. (305) 852 - 7145 • `_ F c °u N t�_ F ,
BRANCH OFFICE: \� F ( 305 ) 852 - 7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARATHON, FL ORIDA 33050 50 HIGH POINT ROAD
TF.L. (305) 289 -6027 MONROE COUNTY PLANTATION KEY, FLORIDA 33070
FAX (305) 289 -1745 www.clerk -of- the - court.com TEL. (305) 852 -7145
FAX (305) 853 -7440
May 25, 2012
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7010 1670 0001 0244 7914
Dear Ms. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 012 -2012 amending the Monroe County 2010 Comprehensive Plan, as
required by Section 163.3177 and 163.3175, Florida Statutes, to create military compatibility
criteria.
Ordinance No. 013 -2012 amending the Monroe County 2010 Comprehensive Plan, to
create an overlay to the Future Land Use Map Series to establish the Military Installation Area of
Impact to implement Policy 108.2.1.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Special Meeting, held in formal session, on May 22, 2012. Please file for the record. Should
you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: County Attorney via e-mail
Growth Management
File
cc: County Attorney via e-mail
Growth Management
File
U.S. Postal ServiceTM
CERTIFIED MAILTM RECEIPT
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City,State,ZIP+4
PS Form 3800,August 2006 See Reverse for Instructions
U.S. Postal ServiceTM
CERTIFIED MAILTM RECEIPT
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City.States$OUfh-Breili iga StiVe ----------------------d-
PS Form 3800,August 2006 See Reverse for Instructions
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery Is desired. X 0 Agent
■ Print your name and address on the reverse QTA+� 0 Addressee
so that we can return the card to you. B. Rec�E Iri arS 1 A 1 EDate of Delivery
I Attach this card to the back of the mailpiece,
or on the front if space permits. „'v t� 8 ?�1I7
D. Is delivery adNfEiflfSrelfm item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑No
,'Program Administrator
Administrative Code and Weekly .
R.A. Gray Building .
500 South Bronough Street r se eType
Tallahassee, Florida 32399-0250 3. Se
Certified Mail 0 Express Mail
❑Registered ❑Return Receipt for Merchandise
❑Insured Mail ❑C.O.D. ,
' 4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number i •i t i i 17010 J16`70 00011 0 4t•f 1;1q921 j
(Transfer front service labe° I 1', - ' • ' ' 1 •
i PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 1
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
June 1, 2012
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated May 25, 2012 and certified copies of Monroe County Ordinance Nos. 012 -2012 and 013 -2012, which
were filed in this office on May 30, 2012.
Sincerely,
4 15 L
Liz Cloud
Program Administrator
o
LC /srd
1
CO O
0 rri
• [ c n
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.statell.us