Item C05BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe A(I Mayor George Neugent, District 2
T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4
l Danny L. Kolhage, District 1
„ Y
„; ° W Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
August 16, 2017
Agenda Item Number: C.5
Agenda Item Summary #3262
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809 -5200
none
AGENDA ITEM WORDING: Approval of an Interlocal Agreement with the City of Marathon to
adopt, administer, and enforce updated airport zoning regulations applicable to the airport hazard
areas and restricting the use of land adjacent to or in the immediate vicinity of the Florida Keys
Marathon International Airport.
ITEM BACKGROUND: Florida Statute 333.03 was amended last year to add a provision which
requires that the County, as the owner of an airport, enter into interlocal agreements with any
neighboring municipalities which have jurisdiction over property adjacent to the airport. The
interlocal agreement is to ensure coordination of regulations applicable to airport hazards areas
adjacent to or in the immediate vicinity of the airport.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
DOCUMENTATION:
ILA City of Marathon
FINANCIAL IMPACT:
Effective Date: 08/16/2017
Expiration Date: 08/15/2047
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Beth Leto
Completed
08/01/2017 1:55 PM
Donald DeGraw
Completed
08/01/2017 1:59 PM
Pedro Mercado
Completed
08/01/2017 2:01 PM
Budget and Finance
Completed
08/01/2017 2:25 PM
Maria Slavik
Completed
08/01/2017 4:45 PM
Kathy Peters
Completed
08/01/2017 8:00 PM
Board of County Commissioners
Pending
08/16/2017 9:00 AM
!NTERLOCAL AGREEMENT BETWEEN
MONROECOUNTYAND
CITY OF MARATHON
A!RPO!aT ZONING VEGULATIONS
THIS INITERLOCAL AGREEMENT is made and entered into by MONROE COUNTY, a
political subdivision of the State of Florida, whose address is I 100 Simonton Street, Key West,
FL, 33040, ("COUNTY"), and the CITY OF MARATHON, a municipal corporation of the State
of Florida, whose address is 9805 Overseas Highway, Marathon, Florida 33050 (the "C1ITY").
WHEREAS, the County is the owner and operator of the Florida Keys Marathon
International Airport (hereafter MTH); and
WHERFAS, the County and the City constitute "political subdivisions" pursuant to chapter
333 of the Florida Statutes with respect to the adoption and enforcement of airport zoning
regulations under the provisions of that chapter; and
WRE .EA S, certain activities and uses of land in the immediate vicinity of airports as
enumerated in s. 333.03 2), F. S., are not compatible with normal airport operations, and may, if
not regulated also, endanger the lives of the participants, adversely affect their health, or otherwise
limit the accomplishment of normal activities; and
WHEREAS, some airport hazards areas appertaining to MTH are located wholly or partly
in the territorial limits of the City, while other such areas are located wholly or partly within the
territorial limit of m , rH; and
WHEREAS, heretofore the County has adopted regulations pursuant to chapter 333, l°. .g
MR
WHEREAS, by entering into this Interlocal Agreement Pursuant to the provisions of F.S.
163-01 and F.S. 333.03(l)(b)l.. the County and the City acknowledge their obligation, in
conformity with F. S. 333.03(1)(b)l., to adopt, administer, and enforce updated air zoning
regulations applicable to the airport hazard areas ' and restricting the use of land adjacent to or in
the immediate vicinity of MTH to activities and purposes compatible with the continuation of
normal airport operations including landing and takeoff of aircraft in order to promote public
health, safety and general welfare;
NOW, THERFORE, in consideration of the foregoing and mutual covenants hereinafter
contained, it is agreed between the County and the City as follows;
Section 1, Air or Zo,nin&,Regulations,
Pursuant to the procedures specified in F.S, 333.05, the County and the City shall
concurrently develop, administer, and enforce updated airport protection zoning regulations
governing the use of land on, adjacent to, or in the immediate vicinity of MT H, in compliance with
ES, 333.01 — 333.13.
Airport protection zoning regulations adopted under this Interlocal Agreement Must, at a
minimum, require: A permit for the construction or alteration of any obstruction; Obstruction
marking and lighting for obstructions; Documentation showing compliance with the federal
requirement for notification of proposed construction or alteration of structures and a valid
aeronautical study submitted by each person applying for a permit, Consideration of the criteria in
s. 333.025(6), when determining whether to issue or deny a permit; and That approval of a permit
not be based solely on the determination by the Federal Aviation Administration that the proposed
structure is not an airport hazard.
Nothing in this Agreement shall obligate the City to revise its land development regulations
to regulate; (1) the height that trees are permitted to grow; (2) the offsite impacts of lights and
illumination used in connection with streets, parking, signs, and use of land; (3) the offsite use of
high energy beam devices-, or (4) activities that produce offsite interference with navigational
signals or radio communications, except to the extent the City shall voluntarily obligate itself to
do so pursuant to an amendment to this Agreement executed pursuant to the provisions of F. S.
163.01 and 333.03(l)(b)1.
Section 2. Development Review
The County and the City acknowledge their respective obligations, in conformance with
E& 333. (1)(b) I., to adopt, administer and enforce a set, of airport protection zoning regulations
restricting the non-compatible uses specified in F, S, 333.03(2), and procedures for the coordinated
review of any application for development permit having potential to create any new airport
hazards or new incompatible use of land described in F. S. Chapter 333.
Section 3. Notices
(a) Any notice to the County shall be sent to:
Monroe County
County Administrator
1100 Simonton St.
Key West, Fl. 33040
(b) Any notice to the City shall be sent to:
City or Marathon
City Manager
M arathon, Fl � 3305
Section 5. Disclaimer of Third Pa rtv Beneficiaries
This Agreement is solely for the benefit of the County and the City and no right, privilege
or cause of action shall by reason hereof accrue upon, to, or for the benefit of any third party,
including without limitation any other municipality, county, state agency or federal agency.
Nothing in this Agreement is intended or shall be construed to confer upon or give any person,
corporation, partnership, trust, private entity, agency . or other governmental entity any right,
privilege remedy, or claim under or by reason of this Agreement or any provisions or conditions
hereof. This Agreement is not intended nor shall it be construed to be a development agreement
within the meaning contemplated in F. S. 163.3` 3240
Section 6. Govern ink Law and Venue
This Agreement shall be governed by the laws of the state of Florida. Venue for any action
to enforce any of the provisions of this Agreement shall be in the Circuit Court of the Sixteenth
Judicial Circuit in and for Monroe County, Florida.
Section 8. Term . ,Am end mentand Termination of -Agreement
The term of this Interlocal Agreement shall be thirty years from its effective date. However,
prior to its expiration, the parties shall either (1) execute a replacement interlocal agreement; or
(2) create a joint airport zoning board, as required by F.S. 3" )3.03(1)(b). This Agreement may be
arnended form time to time pursuant to the provisions of F.S. 163,01.
Section 9. Effective Date
This Interlocal Agreement shall become effective upon its execution by both parties and
its recording with the Clerk pursuant to F. S. 163.01(11).
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representatives.
3 ` 1
SIMEOU0 wm wwalwon malmal
0
Is=
ATTEST:
By:
Clerk
L-2
Mayor/ Chairman
ary OF MARATHON
May
Sponsored by: City Attorney
CITY OF MARATHON, FLORIDA
RESOLUTION 2017-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY MAAA�TAON,
FLORIDA, APPROVING AN fNTERLOCAL AGREEMENT BETWEEN
MONROE COUNTY AND THE CITY OF MARATHON REGARDING
AIRPORT ZONING RE GULATIONS; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the County is the owner and operator of the Florida Keys 'Marathon
International Airport (hereafter MTH); and
WHE REAS, the County and the City constitute "political subdivisions" pursuant to chapter
333 of the Florida Statutes with respect to the adoption and enforcement of airport zoning regulations
under the provisions of that chapten and
WHEREAS, certain activities and uses of land in the immediate vicinity of airports as
enumerated in s. 333x03 2 , F. S., are not compatible with normal airport operations, and may, if not
regulated also endanger the lives of the participants, adversely affect their health, or otherwise li mit
the accomplishment of normal activities; and
WHEREAS, some airport hazards areas appertaining to MT are located wholly or partly in
the territorial limits of the City, while other such areas are located wholly or partly within the
territorial limit of MTH; and
VVIURE AS, heretofore the County has adopted regulations pursuant to chapter 333, F. S .,
and
WHEREAS, by entering into this Interlocal Agreement pursuant to the provisions of ES.
163.01 and F. S, 333.030 )(b)l., the County and the City acknowledge their obligation, in conformity
with F.S. 333,03(1)(b)l., to adopt, administer, and enforce updated airport zoning regulations
applicable to the airport hazard areas., and restricting the use of land adjacent to or in the immediate
vicinity of MTH to activities and purposes compatible with the continuation of normal airport
operations including landing and takeoff of aircraft in order to promote public health, safety and
general welfare;
NOW, THEREFORE, BE IT RE SOLVED BY THE CITY COUNCIL OF THE CITY
OF MARATHON, FLORIDA, THAT
Section I. The above recitals are true and correct and incorporated herein.
Section 2. The City Council hereby approves the Interlocal Agreement between Mon-roe
I
County and the City of Marathon regarding airport zoning regulations.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, THIS I I'h DAY OF JULV, 2017
AYES- BartUS, Coldiron, Cook, Seimartin, Zieg
NOES: None
ATTEST':
Diane Clavier, City Clerk
1*16193"
= THE CITY OF MARATHON, FLORIDA ONLY.-
Dravid 'Mi6ut, Ci6 Attorney