Item I3 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 19, 2014 Division/Department: Growth Management
Bulk Item: Yes No x Staff Contact Person/Phone#: Christine Hurley 289-2517
AGENDA ITEM WORDING: Discussion and direction on amending Comprehensive Plan Policy 108.2.5, which
currently requires the development of a noise study methodology approved by the County and NASKW for use by
applicants for Future Land Use Map amendments increasing density/intensity
ITEM BACKGROUND: Comprehensive Plan Policy 108.2.5 (adopted in May 2012) states that FLUM amendment
applications requesting an increase in density and/or intensity within the MIAI overlay may be considered, if the property
owner submits a supplemental noise study, based 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).
In 2012, when the military compatibility amendments were being proposed for adoption, the Navy agreed to assist in the
development of a noise study methodology. However, after policy adoption the Navy has responded that "it has been
determined that there is no known alternative methodology, or one that could reasonably be developed, to give results
within an acceptable margin of error of the results produced using the NOISEMAP methodology for the type of aircraft
an&related operations at NASKW" (July 1, 2013 email from Navy—Attachment 1). As such, Policy 108.2.5 cannot be
implemented because a noise study methodology cannot be agreed upon by the NASKW and the County.
At the Dec. 13, 2013 Environmental Impact Study Oversight Committee (EIS Committee) meeting, the EIS Committee
recommended that Growth Management Staff and the Monroe County Attorney review and request the BOCC amend
Policy 108.2.5 and recommend to the BOCC to remove the text requiring the"methodology approved by Monroe County
and NASKW."
Staff has prepared several comprehensive plan amendment options for discussion(Attachment 2, 3 and 4).
PREVIOUS RELEVANT BOCC ACTION: On May 22, 2010,the BOCC adopted Ordinances 012-2012 and 013-
2012 to amend the Future Land Use Element creating Goal 108 and implementing policies for the compatibility of
lands adjacent to or closely proximate to military installations and creating an overlay to the Future Land Use Map
Series to establish the Military Installation Area of Impact.
CONTRACT/AGREEMENT CHANGES:N/A
STAFF RECOMMENDATION:
Direction on comprehensive plan amendment options for Policy 108.2.5:
a) Eliminate the text that requires a noise study [Attachment 2]; or
b) Eliminate the text that describes how a noise study is conducted [Attachment 3]; or
c) Utilize the "Alternative 2" noise contours from the FEIS/Record of Decision instead of a noise study (not
recommended by EIS Committee) [Attachment 4].
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
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Santamaria-Ma e
From: Demes, Ron A CIV CNRSE, NO2 <ron.demes@navy.mil>
Sent: Monday,July 01, 2013 5:47 PM
To: Hurley-Christine; Santamaria-Mayte
Cc: Rebecca.Jetton@deo.myflorida.com; Ruzich; Richard R GS13 NAVFAC SE; Monnier,
Ashley CIV NAVFAC SE, PWD Key West
Subject: FW: Draft MIAI Message to Monroe County
Attachments: Monroe County Military Compatibility Criteria Mtg Summary 18 June 2013.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Christine and Mayte,
Per the teleconference held with Monroe County(Mayte), DEO,and NASKW on June 18,we are forwarding a summary
attachment explaining the issues that were discussed.
Also, based on the issues covered relating to the Military Compatibility Ordinance, NASKW has been asked to convey to
Monroe County and DEO that changes have been made to the NASKW Air Operations Environmental Impact Statement
(latest draft)to reflect that the Navy does not concur with all aspects of the Monroe County land management
ordinance (MIAI ).
We are available at your convenience to discuss the issues further if desired.
V/r, Ron Demes
t
Monroe County Military Compatibility Criteria
Noise Study - Alternate Methodology
On June 18, 2013, Naval Air Station Key West (NASKW) coordinated a conference call with
Monroe County Growth Management staff and the Florida Department of Economic Opportunity
(DEO) to discuss provisions of Monroe County's adopted Ordinance 012-2012. Specifically, the
teleconference focused on the Navy's determination that there is currently no acceptable
alternative methodology to using NOISEMAP, to discuss impacts to the County's ordinance
currently in effect, and the way ahead to bring the issue to closure.
Background
In response to the Board of County Commission's adoption of Ordinance 012-2012 in May of
2012,NASKW coordinated an effort within the Navy chain-of-command to contract a consulting
firm expert in noise science to research a "professionally acceptable methodology" for instances
where property owners submit a supplemental noise study (to increase density/intensity on sites
within the MIAI overlay in areas considered to have high noise zones). As a result of this
process, it has been determined that there is no known alternative methodology, or one that could
reasonably be developed, to give results within an acceptable margin of error of the results
produced using the NOISEMAP methodology for the type of aircraft and related operations at
NASKW.
The only methodology identified to potentially allow verification of noise contours was
NOISECHECK. However, this was determined to not be a feasible option for the type of
comprehensive air mission supported at NASKW. Challenges to collecting the data packages
that would be necessary include expense, time, expert precision, as well as a number of variable
factors (including, but not limited to aircraft types, operational tempo, runway usage,
meteorological conditions, etc.)
Additionally, Ordinance 012-2012 provides that a supplemental noise study modeled using the
Integrated Noise Model, adopted by FAA as the standard used for Part 150 studies would be
acceptable. However, NASKW has repeatedly taken issue with this type of model being used in
land use planning analysis because military airports lack the consistency in aircraft type and
number of operations that are typical of the commercial airports this model is built upon.
Action Items and Way Forward
The teleconference ended with NASKW having action to provide to Monroe County a written
summary of issues. A follow-up call among the Navy, Monroe County, and DEO is anticipated
to discuss the way forward, but is not yet scheduled.
Attachment 2
February 19,2014 BOCC Agenda item
Discussion and direction to amend Comprehensive Plan Policy 108.2.5, which requires the
development of a noise study methodology approved by Monroe County and NASKW.
Option A: Eliminate the Comprehensive Plan text that requires a noise study.
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, with consideration of comments and accompanying data and analysis provided by the
Naval Air Station Key West commanding officer or his or her designee. :f the pr-epei4y ewf e-
Mnnfee Ge ..t..and NA C`K-W to dote.....ine whether-thenoise level is gre,.te..than .._lass than 65
DNL (Day Ni& Aver-age Sound Level) at the subjeet pr-epei4y (site) r-eVesfiag the pr-epe
FLUM amendment.
• Anee the ^Yp et submits th supplemental study, Me !fi a e om. and
N A SKAV _tall..„ s„ ..�. e " e
The Naval A: chat: Key West eemmandi a f;ee h: he d
„b u vi dgne
1
eefffinents, based en appropriate data and analysis, te Mefffee Geunty stating whether- the NASK-W shall be provided up to nine (9) menths ffem r-eeeipt ef the supplemental Heise
Mefffee-Eeuf . Onee-eemments are Feee ved e , if eats are not Feeeived widiin nine
Gempr-eheasive Plan.
analysis, provided by the Na-val Air- Statien Key West eeffffnanding effieer- er- his er- her-
hearing pr-eeess with the submit4ed, supplemental neise study, based upen the fnethedelegy Gensider-ing the supplemental noise study, based en pr-efessienally aeeepted methedelegy
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.
Altematively, with a requested FLUM amendment, a supplemental Heise study, based ell
Neese-Model-wh:, been adepted_by the FAA the standard edged f.. PaFt i cn
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.
(Ord. 012-2012, DEO 12-lACSC-NOI-4401-(A)-(I), Effective date of July 19, 2012)
Attachment 3
February 19,2014 BOCC Agenda item
Discussion and direction to amend Comprehensive Plan Policy 108.2.5, which requires the
development of a noise study methodology approved by Monroe County and NASKW.
Option B: Eliminate the Comprehensive Plan text that describes how a noise
study is conducted.
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 on professionally
accepted methodology , 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, 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_,
Gempr-ehensive 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 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.
Altematively, with a r-e"ested FLUM amendment, a supplemental Heise study, based oil
pr-efessienally aeeeptable methedelegy, ean be submiaed that was modeled using the Integrated
Neise-Medel-whiQ'a-been adepted by FAA as the standard a el used f.. PaA 150
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.
(Ord. 012-2012, DEO 12-IACSC-NOI-4401-(A)-(I), Effective date of July 19, 2012)
Attachment 4
February 19,2014 BOCC Agenda item
Discussion and direction to amend Comprehensive Plan Policy 108.2.5, which requires the
development of a noise study methodology approved by Monroe County and NASKW.
Option C: Amend the Comprehensive Plan to utilize the "Alternative 2" noise
contours from the Record of Decision/ Final Environmental Impact Statement for
Naval Air Station Key West Airfield Operations instead of a noise study (not
recommended by EIS Committee).
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 subject property (site) which is the subject of the requested FLUM amendment is
not located within the 65 DNL (Day Night Average Sound Level or greater contour, as depicted
for Alternative 2 in the Final Environmental Impact Statement for Naval Air Station Key West
Airfield Operations (included as Exhibit XXX)
NASKW, to detefmiae whether- the neise level is greater- than er- less than 65 DNL (Day Night
The Naval Air- Station Key West eefmnanding effieer- or- his er- her- de *- 3 Pr-evide
eemments, based en appr-epr-iate data and analysis, to Mefffee GeufAy stating whether- the
iner-eases in density anEVer- intensity widiin the MIA! ever-lay, te pr-evide eeaffnents te
heafing pr-eeess with the submiaed, supplemental neise study, based upon the fRethedelegy
Gempr-ehensive 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
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.
Altematively, with a requested FLUM ameadmefA, a supplemental neise study, based
Noise Model whieh has been adopted by the FAA as the standEffd fnedel used fer- Pai4 15G
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.
(Ord. 012-2012, DEO 12-lACSC-NOI-4401-(A)-(I), Effective date of July 19, 2012)
Example Exhibits below
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