Item R1 R.1
BOARD OF COUNTY COMMSSIONERS
County of Monroe fma Mayor Heather Carruthers,District 3
h} ] Mayor Pro Tem Michelle Coldiron,District 2
The Florida Keys Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
October 213, 2020
Agenda Item Number: R.1
Agenda Item Summary #7335
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
PUBLIC HEARING 1:30 PM
AGENDA ITEM WORDING: The second of two required public hearings to consider an
ordinance by the Monroe County Board of County Commissioners adopting amendments to the
Monroe County Land Development Code to amend Section 130-75, the permitted and conditional
uses of the Airport District, to eliminate the conditional use requirement for public airports;
providing for severability; providing for repeal of conflicting provisions; providing for transmittal to
the State Land Planning Agency and the Secretary of State; providing for amendment to and
incorporation in the Monroe County Land Development Code; providing for an effective date. (File
2020-081)
ITEM BACKGROUND: The Monroe County Airport Department submitted an application
requesting an amendment to Land Development Code (LDC) Section 130-75, the permitted and
conditional uses of the Airport District, to eliminate the conditional use requirement for public
airports, specifically the Key West International Airport and the Florida Keys Marathon
International Airport.
The County is authorized by Florida's Airport Law of 1945 to exercise regulatory authority over the
Key West International Airport and the Florida Keys Marathon International Airport even though the
public airport facilities are located within the territorial limits of the cities.
The Key West International Airport and Florida Keys Marathon International Airport are public
airports that receive federal funding from the Federal Aviation Administration (FAA) and must
comply with operational safety requirements and compliance directives, development restrictions,
and environmental protection and mitigation requirements, as set forth in the Code of Federal
Regulations Title 2 Grants and Agreements and Title 14 Aeronautics and Space, and all referenced
and implementing guidance including: The National Environmental Protection Act, Airport
Improvement Program, Part 139 Airport Certification, and all applicable Orders, Advisory Circulars
and Program Guidance Letters. Both public airports also receive state funding from the Florida
Department of Transportation and must comply with all applicable Florida Statutes, including Title
XXV Aviation, Chapters 329, 330, 331, 332 and 333, Florida Statutes.
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Additionally, both public airports require an Airport Master Plan (AMP) and an Airport Layout Plan
(ALP). The FAA requires airports to maintain and update their Airport Master Plans. The updated
AMP and ALP requires approval by the FAA as well as the Board of County Commissioners at a
public meeting.
The 2030 Monroe County Comprehensive Plan includes Policies 501.2.2, 501.5.2 and 501.5.3 which
require that the Key West International Airport and Florida Keys Marathon International Airport be
expanded consistent with the needs identified in the updated AMP as approved by the BOCC and
that Monroe County shall continue to maintain and update an AMP and the ALP for each public
airport pursuant to the rules of the FAA.
The current LDC requires a minor conditional use (for proposals less than 5,000 s.f.) and major
conditional use (for proposals 5,000 s.f. or larger) review for development projects at both County
public airports, which the Airport Department has noted, can cause delays in accomplishing projects
necessary for public health, safety and welfare. The County must complete certain projects for public
health, safety and welfare and the FAA imposes certain federal requirements regarding the
operation, development, and funding of federally obligated airports. The LDC conditional use
requirements can cause conflicts with federal requirements set forth by the FAA for public airports.
The Monroe County Airport Department has requested the LDC amendment to alleviate timing and
federal requirement conflicts as well as to streamline the level of project review for proposals within
the Monroe County Public Airports. The project review (development proposal) would be
accomplished by county staff as an as-of-right project reviewed through the building permit process
(same review with a building permit application but eliminates duplicative staff reviews).
PREVIOUS RELEVANT BOCC ACTION:
In 1986, the Monroe County BOCC adopted Ordinance 033-1986 confirming the adoption of the
Monroe County Comprehensive Plan and Land Development Code on February 28, 1986. The 1986
Land Development Code included a requirement for a major conditional use all airport uses at public
airports.
In 1989, the Monroe County BOCC adopted Ordinance 019-1989, amending Section 9.5-252, the
Airport District, to include a requirement for a minor conditional use for airport uses of less than
5,000 square feet and a major conditional use for airport uses of 5,000 square feet or more of
enclosed space.
On September 16, 2020, the Monroe County BOCC held the first of two public hearings and
provided for public comment and public participation.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
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2020-081_ORDINANCE_LDC_public airport CUP 7335
2020-081 BOCC_Staff Report public airport CUP
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: n/a
Additional Details:
REVIEWED BY:
Emily Schemper Completed 09/28/2020 12:50 PM
Assistant County Administrator Christine Hurley Completed
09/29/2020 11:29 AM
Derek Howard Completed 09/30/2020 3:28 PM
Purchasing Completed 09/30/2020 3:43 PM
Budget and Finance Completed 10/02/2020 8:18 AM
Maria Slavik Completed 10/02/2020 10:09 AM
Liz Yongue Completed 10/02/2020 10:14 AM
Board of County Commissioners Pending 10/21/2020 9:00 AM
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COUNTY,
FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS E
9 ORDINANCE NO. -2020
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11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY D
12 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY
13 LAND DEVELOPMENT CODE TO AMEND S -7 , THE 0
14 PERMITTED AND CONDITIONAL USES OF THE AIRPORT DISTRICT,
15 ELIMINATE
16 S; PROVIDING FOR SEVERABILITY; L
17 OF C u,
18 STATE LANDA SECRETARY ; 0
19 PROVIDING FOR AMENDMENT TO AND INCORPORATION
20 MONROE COUNTY LANDPROVIDING
21 EFFECTIVE DATE.( - ) _
22
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WHEREAS,24 onroe County policies and regulations adopted in the Monroe County Comprehensive co
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25 Plan and Land Development Code are to maintain public health, safety, and welfare of the citizens of the
26 Florida Keys and to strengthen our local government capability to manage land use and development; and
27
28 WHEREAS, the Monroe County Airport Department submitted an application requesting an 0
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29 amendment to Land Development Code Section 130-75, the permitted and conditional uses of the Airport
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0 District, to eliminate the conditional use requirement for public airports, specifically the Key West U
1 International Airport and the Florida Keys Marathon International Airport; and
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WHEREAS,33 the County is authorized by Florida's Airport Law of 195 to exercise regulatory
34 authority over the Key West International Airport and the Florida Keys Marathon International Airport
35 even though the public airport facilities are located within the territorial limits of the City of Key West
6 and the City ofMarathon; and
37
38 WHEREAS,the Key West International Airport and Florida Keys Marathon International Airport are
9 public airports that receive federal funding from the Federal Aviation Administration (FAA) and must
40 comply with operational safety requirements and compliance directives, development restrictions, and V 1
00
41 environmental protection and mitigation requirements, as set forth i the Code of Federal Regulations ,
42 Title 2 Grants and Agreements and Title 14 Aeronautics and Space, and all referenced and implementing N
43 guidance including; National Environmental Protection Act, Airport Improvement Program, Part 13 c�
44 Airport Certification, and all applicable Orders, Advisory Circulars and Program Guidance Letters; and
5
6 WHEREAS, both the Key West International Airport and Florida Keys Marathon International U
7 Airport require an Airport Master Plan (AMP)and an Airport Layout Plan (ALP) which are approved by
48 the FAA as well as the Board of County Commissioners at a public meeting;and
4
WHEREAS,50 the Monroe County Airport Department has experienced delays in accomplishing
51 projects necessary for public health, safety and welfare and other timing conflicts with FAA imposed
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1 federal requirements regarding the operation, development and funding of federally obligated airports due
2 to the additional time needed to process conditional use approvals; and
WHEREAS, amending the Land Development Code will eliminate duplicative staff reviews
(reviewing both the conditional use and building permit for consistency withAMP/ALP) and eliminate
potential time constraints with the federal safety requirements and funding cycles; and
7
WHEREAS, amending the Land Development Code will be consistent with the purpose of the
Airport Zoning District, to facilitate the operations of airports, and implement Comprehensive Plan
10 Policies 501.2.2, 51.5.2 and 501.5.3; and
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12 WHEREAS, the Monroe County Board of County Commissioners is authorized by Section
13 125.01(1)O, F.S., to establish, coordinate and enforce zoning and such business regulations as are a
14 necessary for the protection of the public; and. o
15
16 WHEREAS, on July 21, 2020, the Monroe County Development Review Committee (DRQ
17 reviewed the proposed amendment; and
18 WHEREAS,at a regularly scheduled meeting held on August 26, 2020, the Monroe County Planning o
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19 Commission held a public hearing for the purpose of considering the proposed amendment and provided
20 for public comment; and U
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22 WHEREAS, the Monroe County Planning Commission adopted Resolution No. 22-20
23 recommending approval for the proposed amendment; and Ln
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25 WHEREAS, at a regularly scheduled meeting held on the September 1 , 2020, the onroe County aCL
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26 Board of County Commissioners held the first of two public hearings, considered the staff report, and
27 provided for public comment and public participation in accordance with the requirements of state law
28 and the procedures adopted for public participation in the planning process;and CL
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WHEREAS,30 at a regularly scheduled meeting held on the October 21, 2020, the Monroe County
31 Board of County Commissioners held a second public hearing, considered the staff report, and provided
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2 for public comment and public participation in accordance with the requirements of state law and the i
33 procedures adopted for public participation in the planning process; and
WHEREAS,34
35 based upon the documentation submitted and information provided in the
6 accompanying staff report, the Monroe County Board of County Commissioners makes the following
37 Conclusions of Law:
3
9 1. The proposed amendment is consistent with the Goals,Objectives and Policies of the Monroe I
40 County Year 230 Comprehensive Plan; and 00
1 2. The proposed amendment is consistent with the Principles for Guiding eveloment for the Q
42 Florida Keys Area of Critical State Concern, Sec. 3 .0552(7), F.S.; and
43 3. The proposed amendment is consistent with Part 11 of Chapter 13, Florida Statute; and
44 4. The proposed amendment is necessary due to new issues and the need for additional detail or
45 comprehensiveness, as required by Section 102-158 of the Monroe County Code.
46
7 NOW, THEREFORE,
BE IT ORDAINED BY THE BOARD OF COUNTY
48 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
49
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1 Section 1. The Monroe County Land Development Code is hereby amended as follows:
ro osedAm ndm nt eletios are additions are shown in underlined
4 ARTICLE 111.-PERMITTED AND CONDITIONAL USES
e. -7 .-Airport District(AD).
7 (a)The following uses are permitted as of right in the Airport district:
8 (1)At public airports: Public airport uses;
(2) At private airports: Noncommercial aircraft landing, takeoff, storage, repair, maintenance
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0 and fueling, provided that;
11 a. Effective landing length shall be no less than 1,800 feet;
2 b. Primary surface width shall be no less than 100 feet; and 0
13 c. Usable width shall be no less than 50 feet.
1 (3) Accessory uses;
1 O Replacement of an existing antenna-supporting structure pursuant to section 16-5O;
1 (5)Collocations on existin antenna-supporting structures, pursuant to section 16-5(c);
17 ( ) Satellite earth stations,as accessory uses, pursuant to section 146-5( ;and o
18 (7) Public infrastructure and utilities. CL
1 ( ) The following uses are permitted as minor conditional uses in the Airport district, subject to
0 the standards and procedures set forth in chapter 11 ,article III: _
21 (1) Wastewater treatment facilities and wastewater treatment collection systems serving uses
22 located in any land use district, provided that: Ln
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23 a. The wastewater treatment facility and wastewater treatment collection systems are in co
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24 compliance with all federal, state,and local requirements; I-
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25 . The wastewater treatment facility, wastewater treatment collection systems, and
26 accessory uses shall be screened by structures designed to:
7 1. Be architecturally consistent with the character of the surrounding community; o
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28 2. Minimize the impact of any outdoor storage,temporary or permanent; and
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9 3. A solid fence may be required upon determination by the Planning Director; U
30 c. Where a district boundary buffer is not required as set forth in chapter 11 , article V,
31 a planting bed, eight feet in width, shall be established to buffer the facility, with CL
32 the following:
33 1. One native canopy tree for every 25 feet of props line;
4 2. One understory tree for every ten feet of props line;
35 3.The required trees shall be evenly distributed throughout the planting bed; and;
36 .The planting bed shall be installed as set forth in chapter 11 , article IV.
37
(2) ,Ann Ceet ef e nekrA44Fea-;
3 Attached wireless communications facilities, as accessory uses, pursuant to section 16-
39 5(d); and V-1
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0 3 Stealth wireless communications facilities, as accessory uses, pursuant to section 16-
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41 5(e).
2 (c) The following uses are permitted as major conditional uses in the Airport district, subject to N
43 the standards and procedures set forth in chapter 110, article III:
44 1
45 t private airports: Co ercial aircraft operations, including fixed base operators( O)
6 activities.
7 ( ) Airport Heightv s 'cio s. There are hereby created and established
48 overlay zones around and adjacent to public, private and military airports in the county.
49 Within the AD district and overlay zones, certain height limitations are specified to prevent
so airspace obstruction, and the use limitations apply. Uses within the overlay zones must
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1 comply with the height standards and the limitations set forth below. An area located in
2 more than one zone described herein is considered to be only in the zone with the more
restrictive limitations.
(1)Public Airport Height Restrictions.
. Primary zone. The area longitudinally centered on each runway with the same length
6 as the runway and is 2,000 feet wide. No structure that is not a part of the landing
7 and takeoff area is permitted in the primary zone that is of greater height than the
nearest point on to the runway.
. Clear zone. The area extending 1,000 feet off each end of a primary surface and is
10 the same width as the primary surface. No structure not a part of the landing and
11 takeoff area is permitted that is a greater height than the end of the runway. CL
12 c. Inner horizontal zone. The area extending outward from the periphery of the primary
13 zone with an outer perimeter formed y swinging arcs of 7,500 feet radius about a)
14 the centerline at the end of each primary zone and connecting adjacent arcs by o
15 lines tangent to these arcs. No structure will be permitted in the inner horizontal i
16 zone of greater height than 156 feet MSL.
7 d. Conical zone. The area extending outward from the periphery of the inner horizontal
18 zone for a distance of 7,000 feet. Height limits in the conical zone commence at
19 156 feet MSL at the inner boundary where it adjoins the inner horizontal zone and o
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20 increases in permitted height at a rate of one foot vertically for every 20 feet o
21 horizontal distance measured outward from the inner boundary to a height of 506 U
22 feet MSL at the outer boundary.
23 e. Outer horizontal zone. The area extending outward from the outer periphery of the
24 conical zone for a distance of 30,000 feet. The height limit within the outer Ln
25 horizontal zone is 506 feet MSL. co
26 f.Approach zone. The area longitudinally centered on each runway extended centerline, Q.
27 with an inner boundary 200 feet out from the end of the runway and the same
28 width as the primary zone, then extending outward for a distance of 50,000 feet,
expanding uniformly in width to 1 at the outer boundary. eight limits within CL
06,000
3 the approach zones commence at the height of the runway end and increase at the CU
1 rate of one foot vertically for every 50 feet horizontally for a distance of 25,000 9
32 feet, at which point it remains level at 506 feet MSL to the outer boundary.
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33 g. Transitional zone. The area within an inner boundary formed by the side of the
34 primary zones, the first 200 feet of the clear zones and the approach zones, then
35 extending outward at right angles to the runway centerline and extended centerline
6 until the height matches the adjoining inner horizontal zone, conical zone, and
37 outer horizontal zone height limit. The height limit at the inner boundary is the
38 same as the height of the adjoining zone and increases at the rate of one foot
39 vertically for every seven feet horizontally to the outer boundary of the transitional
0 zone, where it again matches the height of the adjoining zone.
1 (2)Private Airport Height Restrictions.
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42 a. The landing approach zone for private airports is a trapezoidal area increasingCD
CD
43 gradually in width from 50 feet to either side of the runway centerline, at the ends 04
CD
4 of each usable runway, to a width of 350 feet to either side of the runway
45 centerline at a distance of 3,00 feet outward from the ends of each runway.
6 b. Approach zones shall be clear of obstruction above a glide path of 20:1 from the ends
7 of each usable runway. When the approach zone to any runway crosses a road, the
48 glide path must pass at least 15 feet above the edge of the nearest traffic lane.
49 c. No establishments or uses shall be allowed that emit s oe, gas or dust in quantities
50 or densities sufficient to jeopardize the safe use of private airports.
1 d. No development approval or building permit shall be granted for the construction of
52 any structure to be located within a private airport district or overlay zone that,
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1 when built, would constitute an airspace obstruction height that would cause a
2 minimum obstruction altitude, a minimumdescent altitude, or a decision height to
e changed or a threshold to be displaced, or to interfere with the required
approach glide slope.
e. No property owner within the private airport district or overlay shall be permitted to
6 grow or maintain trees to heights in excess of those provided herein for structures.
7 (e) All development or expansion of existing public airports shall be done in accordance with the
proved Airport aster Plan and Airport Layout Plan of the airport and adopted
ordinances.
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11 Section 2.Inconsistency,Partial Invalidily, every ,ili iv 1 of Provisions. If any EL
12 provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in or by any
13 administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of such a
14 provision, or any portion thereof, shall neither limit nor impair the operation, enforceability, or validity of 0
15 any other provision of this Ordinance, or any remainingportion(s) thereof. All other provisions of this i
16 Ordinance, and remaining portion(s)thereof, shall continue unimpaired in full force and effect.
17
18 Section . e e of Inconsistent Provisio . All ordinances or parts of ordinances in conflict W
19 with this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein 0
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20 shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed '-
1 thereby.
22 =
23 Section s i 1. This ordinance shall be transmitted to the Florida State Land Planning
24 Agency as required by F.S. 30. 5 (11)and F.S. 380.0552(9).
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6 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State of
27 Florida but shall not become effective pursuant to Section 9 until a final order is issued according to F.S.
28 380. 5( ) by the Florida State Land Planning Agency or Administration Commission approving the
29 ordinance, and if the final order is challenged, until the challenge to the order is resolved pursuant to F.S. of
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30 Chapter 120.
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2 Section Inclusion in the Monroe . The provisions of this Ordinance shall be =
33 included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to CL
34 amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system of
35 the Code.
6
7 Section 7. Effective Date. This ordinance shall become effective as provided by law and stated
38 above.
PASSED40 y the Board of County Commissioners of Monroe County, Florida,
1 at a regular meeting held on the 2 1 day of October 2020.
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Mayor Heather Carruthers 04
44 Mayor Pro Tem Michelle Coldiron
............ ..
45 Commissioner Craig Cates
6 Commissioner David Rice
7 Commissioner Sylvia Murphy
48
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BOARDCOUNTY COMMISSIONERS
2 OF MONROECOUNTY, FLORIDA
4 BY
. ..............................................................
5 AO EAT C T S
6
7 (SEAL)
ATTEST: KEVIN MADOK, CLERK
1
11 AS DEPUTY CLERK
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COUNTYA OFFICE 0
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DATE.
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4 :
6 MEMORANDUM
7 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
8 We strive to be caring,professional and fair
9
10 To: Monroe County Board of County Commissioners
11
12 Through: Emily Schemper, AICP CFM Senior Director of Planning & Environmental Resources
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13 D
14 From: Mayte Santamaria, Senior Planning Policy Advisor
15 0
16 Date: August 26, 2020 and September 22, 2020 2
17
18 Subject: An ordinance by Monroe County Board of County Commissioners amending Monroe
19 County Land Development Code Section 130-75, the permitted and conditional uses of
20 the Airport District, to eliminate the conditional use requirement for public airports. (File CL
21 2020-081)
22
23 Meeting: September 16, 2020 and October 21,2020 C
24 D
25 L REQUEST
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27 The Monroe County Airport Department submitted an application requesting an amendment to Land
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28 Development Code Section 130-75, the permitted and conditional uses of the Airport District, to g
29 eliminate the conditional use requirement for public airports, specifically the Key West International
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30 Airport and the Florida Keys Marathon International Airport.
31 0
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32 II. BACKGROUND INFORMATION
33
34 The Monroe County Airport Department submitted an application requesting an amendment to Land eni
35 Development Code Section 130-75 to eliminate the conditional use requirement for public airports, 0
36 specifically the Key West International Airport and the Florida Keys Marathon International Airport. 0
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38 The County is authorized by Florida's Airport Law of 1945 to exercise regulatory authority over the
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39 Key West International Airport and the Florida Keys Marathon International Airport even though the N
40 public airport facilities are located within the territorial limits of the cities (note, the two public
41 airports are not within the Military Installation Area of Impact(MIAI)). Airports in the State of Florida
42 are governed by the Airport Law of 1945, which is codified within Sections 332.01 - 332.12, F.S. E
43
44 The Monroe County Land Development Code defines the following relevant terms:
45
46 Airport means any area of land or water, or any manmade object or facility located thereon, which is used,
47 or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas that are used, or
48 intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport
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I buildings and facilities located thereon. There are both public and private airports,which are differentiated
2 as follows:
3 (1) A public airport is publicly or privately owned, meets minimum safety and service standards, and is
4 open for use by the public; and
5 (2) A private airport is publicly or privately owned, and is available for use by invitation of the licensee.
6 Services may be provided if authorized by the Florida Department of Transportation.
7
8 Airport use means fixed- and rotary-wing aircraft operations, which may include retail sales and service Z�
9 operations related to public or general aviation, including aircraft sales, repair and storage, commercial a)
10 shipping and storage, and restaurants designed to serve aviation passengers, and other airport-related E
11 public uses. However, the use of a site by any ultra-light aircraft that meets the criteria for maximum
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12 weight, fuel capacity and airspeed established for such aircraft by the U.S. Federal Aviation aa)
13 Administration shall be considered an airport use if the site is within five nautical miles of either a public CL
14 or military airport or 3,000 feet from the boundaries of a private airport.
15
16 Private airport means an area used for landing and takeoff of aircraft that is either publicly or privately 0
17 owned, and which is used primarily by the licensee but which is available for use by invitation of the
18 licensee. Services may be provided if authorized by the Florida Department of Transportation. The term t�
19 includes Sugarloaf Airport, Tavernaero Airport Park, Summerland Key Airport, Ocean Reef Airport, and
20 any other airport or airfield to be constructed in the county that meets these requirements.
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22 Public airport means an area used for landing and takeoff of aircraft; is either publicly or privately owned;
23 and which meets minimum safety and service standards and is open for use by the public. The term U
24 includes Key West International Airport, Florida Keys Marathon Airport and any other public airport or 0
25 airfield to be constructed in the county that meets these requirements. (.
26 (.
27 Public buildings and uses means uses, structures, or facilities operated by a governmental agency,
28 including publicly and privately owned utilities, that provide services to the immediate vicinity in which r_
29 the use is located. C,
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31 The Monroe County Land Development Code also establishes the purpose of the Airport District:
32
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33 Sec. 130-27.-Purpose of the Airport District(AD).
34 The purpose of the AD district is to facilitate the operations of airports and their compatible uses and to 0
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35 prohibit the development of residential uses (excluding temporary non-emergency housing), educational
36 uses (including but not limited to pre-K through high schools) and/or other uses that are characterized by a
37 the regular presence of large numbers of people, within the hazard areas of civil and military airports. The
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38 AD district provides classifications of property for existing or future airports and regulates both uses
39 within the boundaries of public and private airports, and uses around, adjacent, and in the approach zones
40 of public and private airports in order to: m
41 (1) Establish the control of obstructions and construction of structures affecting navigable airspace in V_
42 accordance with criteria delineated in volume X1, part 77 in federal aviation regulations, Florida
43 Department of Transportation regulations, and this LDC;
44 (2) Protect airports against encroachment, to implement appropriate noise abatement strategies, and to Ce
45 regulate development and reduce public exposure of community activities that are not compatible
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46 with airport operations; and
47 (3) Control uses within the public and private airport property boundaries U
48
49 The Key West International Airport and Florida Keys Marathon International Airport are public
50 airports that receive federal funding from the Federal Aviation Administration and must comply with
51 operational safety requirements and compliance directives, development restrictions, and
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I environmental protection and mitigation requirements, as set forth in the Code of Federal Regulations
2 (CFR) Title 2 Grants and Agreements and Title 14 Aeronautics and Space, and all referenced and
3 implementing guidance including; National Environmental Protection Act (NEPA), Airport
4 Improvement Program, Part 139 Airport Certification, and all applicable Orders, Advisory Circulars
5 and Program Guidance Letters (PGL).
6
7 Both public airports also receive state funding from the Florida Department of Transportation and
8 must comply with all applicable Florida State Statutes, including Title XXV Aviation, Chapters 329,
9 330, 331, 332 and 333, F.S. E
10
11 Additionally, both public airports require an Airport Master Plan (AMP) and an Airport Layout Plan
12 (ALP). The Federal Aviation Administration (FAA) requires airports to maintain and update their Q.
13 Airport Master Plans. AMPs involve a comprehensive study of the Airport and describes short-, 0
14 medium-, and long-term development plan to meet future aviation needs (an analysis of the airport W
15 facility requirements to determine any needed upgrades or new additions to the airport based on E
16 forecasted data). The ALP is a depiction of the AMP and is a set of drawings that shows the near-,
17 intermediate-, and long-term facilities for an airport.
18
19 The Key West International Airport and Florida Keys Marathon International Airport operate under 0
20 strict federal and state requirements and must follow an extensive process to update, review and
21 receive approval of the Airport Master Plan (AMP) and an Airport Layout Plan (ALP). This
22 comprehensive planning process occurs every five to ten years and includes public, state and federal
23 agency review of the proposed future development at each airport. The updated AMP and ALP �-
24 requires approval by the FAA as well as the Board of County Commissioners at a public meeting. Q.
25 0
26 The 2030 Monroe County Comprehensive Plan includes Policies 501.2.2, 501.5.2 and 501.5.3 which _
27 require that the Key West International Airport and Florida Keys Marathon International Airport be
28 expanded consistent with the needs identified in the updated master plan as approved by the BOCC CU
29 and that Monroe County shall continue to maintain and update an AMP and the ALP for each public 0
30 airport pursuant to the rules of the FAA.
31
0.
32 The current Land Development Code (LDC) requires a minor conditional use (for proposals less than
33 5,000sf) and major conditional use (for proposals 5,000sf or larger) review for development projects at
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34 both county public airports, which the Airport Department has noted, can cause delays in
35 accomplishing projects necessary for public health, safety and welfare. Airport development at either Cn
36 County public airport is completed on airport/County owned property as outlined on the approved 0
37 ALP for each airport. The County must complete certain projects for public health, safety and welfare m
38 and the FAA imposes certain federal requirements regarding the operation, development and funding 00
39 of federally obligated airports. The LDC conditional use requirements can cause conflicts with federal Q
40 requirements set forth by the FAA for airports and airport sponsors (Monroe County) that receive Q
41 federal funds for airport operations and development.
42
E
43 The Monroe County Airport Department has requested the LDC amendment to alleviate timing and U
CU
44 federal requirement conflicts as well as to streamline the level of project review for proposals within
45 the Monroe County Public Airports. The project review (development proposal) would be
46 accomplished by county staff as an as-of-right project reviewed through the building permit process
47 (same review with a building permit application but eliminates duplicative staff reviews). The Airport
48 Department notes that the conditional use requirements in the LDC require a level of project review
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I that is already accomplished during the airport master planning and ALP development phases before
2 projects are designed and considerable county, state and federal resources are expended - and are
3 duplicative of county staff review accomplished during permitting.
4
5 Community Meeting and Public Participation
6 Staff has determined that the proposed text amendment will not have a county-wide impact and does
7 not require a public meeting with the BOCC (Impact Meeting) prior to the application proceeding. In
8 accordance with LDC Section 102-159(b)(3), a Community Meeting is not required for this proposed
9 amendment. E
10
11 Development Review Committee and Public Input
12 The Development Review Committee considered the proposed amendment at a regular meeting on July CL
13 21, 2020 and provided for public input. No public input was received. t�
14 >
0
15 Planning Commission and Public Input
16 The Planning Commission considered the proposed amendment at a regular meeting on August 26,
17 2020,provided for public input and recommended approval.
18
19 0
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20 Previous relevant BOCC Action
21 In 1986, the Monroe County BOCC adopted Ordinance 033-1986 confirming the adoption of the Monroe
22 County Comprehensive Plan and Land Development Code on February 28, 1986. The 1986 Land B
23 Development Code included a requirement for a major conditional use all airport uses at public airports.
24
25 In 1989, the Monroe County BOCC adopted Ordinance 019-1989, amending Section 9.5-252, the Airport
26 District, to include a requirement for a minor conditional use for airport uses of less than 5,000 square
27 feet and a major conditional use for airport uses of 5,000 square feet or more of enclosed space. 0
28
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29 On March 21, 2001, the BOCC approved the purchase service order for URS to prepare the Key West g
30 International Airport Master Plan and Airport Layout Plan.
31 CL
32 On April 18, 2001, the BOCC was presented with the Key West International Airport Report and approved
CL
33 establishing a study group (neighborhoods, businesses, tourism, government, environmental, etc.) to help draft
34 the Key West International Airport Master Plan.
35 CU
36 On December 18, 2002, the BOCC approved the Florida Keys Marathon Airport (MTH) Master Plan. Cn
37 The update included the following:
The Airport Master Plan also serves as a guide to ,�tx Airport's future facility development and
rmancial fund source programming. The primary goal of thi3 Master flan Update is to develop
00
mcom=ndations that will ensure that the Florida Keys Marathon Airport (MTH) can
accommodate commuter, air cargo general aviation demands of the Cmtral Keys throughout the
20-year ptanning Ndod acid beyond. The last Master P1 att for NffH was cornpieted hi 1996. An
interim update of the Airport Layout Plan and associates€ support drawings was completed in
1997 and is curmndy approved and on file with the Federal Aviation Administration (FAA)-
38
39
40 On April 17, 2003, the BOCC heard a presentation by URS of the Master Plan Update for the Key West
41 International Airport (KWIA). The BOCC approved adding the Terminal Concept "D" and removal of
42 all airside improvements, and adopted the Key West International Airport Master Plan Update for
43 submittal the FAA.
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1
2 On September 21, 2016, the BOCC approved a Federal Aviation Administration AIP Grant Agreement 43-12-0044-035-
3 2016 providing funding for Master Plan update and Environmental Assessment at The Florida Keys Marathon Airport.The
4 item states the Master Plan update will outline a plan for the provision of future facilities to accommodate the projected
5 passenger and aircraft demand. The Environmental Assessment project will allow the proposed improvements to Runway
6 7-25 and Taxiway at the Florida Keys Marathon Airport.
7
8 On November 22, 2016, the BOCC approved a State of Florida Department of Transportation Joint Participation
9 Agreement Number GOE44 providing funding for Marathon Airport Environmental Assessment at the Florida Keys
10 Marathon International Airport. as
11
12 On November 22, 2016, the BOCC approved a State of Florida Department of Transportation Joint Participation
Cr
13 Agreement Number GOE41 providing funding for Marathon Master Plan (Phase 1) at the Florida Keys Marathon a)
14 International Airport. C
15 D
c)
16 On January 18, 2017, the BOCC approved a State of Florida Department of Transportation Joint Participation Agreement as
17 Number G0I22 to conduct planning studies at the Florida Keys Marathon International Airport. 0
18 E
19 On October 18, 2017, the BOCC approved a State Department of Transportation Supplemental Joint Participation '-
20 Agreement Number One to Contract Number GOE44 providing increased funding for the Environmental Assessment at
21 The Florida Keys Marathon International Airport. —�
22
23 On October 18, 2017, the BOCC approved a State of Florida Department of Transportation Supplemental Joint CL
C
24 Participation Agreement Number One to Contract Number G0I22 to conduct Planning Studies at the Florida Keys
25 Marathon International Airport. U
26 s�
27 On August 15, 2018, the BOCC approved the Key West International Airport (EYW) Master Plan C
28 update, granting approval of the plan and authorizing submission to FAA. CL
29 D
c)
30 On November 20, 2018, the BOCC approved a State of Florida Department of Transportation Supplemental Joint
31 Participation Agreement Number Two to Contract Number GOE44 for additional funding for Environmental Assessment at 0
32 The Florida Keys Marathon International Airport.
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33 U
34 On April 17, 2019, the BOCC approved a Time Extension only (no increase in original cost) with Jacobs Project
35 Management Co. for Task Order No. 12/14-47 Services Authorized: Supplemental 2- EYW Master Plan Update at Key C,
36 West International Airport.
37 0
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38 On April 17, 2019, the BOCC approved a Time Extension only (no increase in original cost) with Jacobs Project as
39 Management Co. for Task Order No. 12/14-67 Services Authorized: Supplemental I- MTH Master Plan Update at The
40 Florida Keys Marathon International Airport. CU
41 U�
42 On December 11, 2019, the BOCC approved a State of Florida Department of Transportation Supplemental Joint
43 Participation Agreement Number Three to Contract Number G0I22 adding additional funding to conduct Planning Studies m
44 at the Florida Keys Marathon International Airport.
45 Q
46 On January 22, 2020, the BOCC approved the Director of Airports to execute along with the FAA the Q
47 FAA approved Airport Layout Plan (ALP) for the Key West International Airport(EYW). Q
04
48
49 On June 17, 2020, the BOCC approved the Director of Airports to execute, along with the Federal
50 Aviation Administration (FAA), the FAA approved Airport Layout Plan (ALP) for the Florida Keys c
51 Marathon International Airport(MTH).
52
53
54
55
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1 III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS
2
3 The proposed text is shown as follows: additions are in underlined, deletions are sekeii thfetlgh.
4
5 ARTICLE III. -PERMITTED AND CONDITIONAL USES
6
7 Sec. 130-75. -Airport District (AD).
8 (a) The following uses are permitted as of right in the Airport district:
9 (1)At public airports: Public airport uses; E
10 (2) At private airports: Noncommercial aircraft landing, takeoff, storage, repair, maintenance
11 and fueling,provided that;
12 a. Effective landing length shall be no less than 1,800 feet; CL
13 b. Primary surface width shall be no less than 100 feet; and
14 c. Usable width shall be no less than 50 feet. >
15 (3)Accessory uses; E
16 (4)Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
17 (5) Collocations on existing antenna-supporting structures,pursuant to section 146-5(c);
18 (6) Satellite earth stations, as accessory uses,pursuant to section 146-5(f); and
19 (7)Public infrastructure and utilities. 0
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20 (b) The following uses are permitted as minor conditional uses in the Airport district, subject to
21 the standards and procedures set forth in chapter 110, article III:
22 (1) Wastewater treatment facilities and wastewater treatment collection systems serving uses .0
23 located in any land use district,provided that: CL
24 a. The wastewater treatment facility and wastewater treatment collection systems are in CL
25 compliance with all federal, state, and local requirements; 0
26 b. The wastewater treatment facility, wastewater treatment collection systems, and r_
0
27 accessory uses shall be screened by structures designed to: CL
28 1. Be architecturally consistent with the character of the surrounding community; U
29 2. Minimize the impact of any outdoor storage, temporary or permanent; and
30 3. A solid fence may be required upon determination by the Planning Director; CL
31 c. Where a district boundary buffer is not required as set forth in chapter 114, article V, a
32 planting bed, eight feet in width, shall be established to buffer the facility, with the C
33 following:
34 1. One native canopy tree for every 25 feet of property line; CU
35 2. One understory tree for every ten feet of property line; Cn Cni
36 3. The required trees shall be evenly distributed throughout the planting bed; and;
37 4. The planting bed shall be installed as set forth in chapter 114, article IV. m
38 (2) 00
39 (3}Attached wireless communications facilities, as accessory uses, pursuant to section 146- Q
40 5(d); and Q
N
41 L(4) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
42 5(e).
43 (c) The following uses are permitted as major conditional uses in the Airport district, subject to
44 the standards and procedures set forth in chapter 110, article III:
45 (1
46 q+At private airports: Commercial aircraft operations, including fixed base operators (FBO)
47 activities.
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I (d) Airport Height Overlay Zones and Restrictions. There are hereby created and established
2 overlay zones around and adjacent to public, private and military airports in the county.
3 Within the AD district and overlay zones, certain height limitations are specified to prevent
4 airspace obstruction, and the use limitations apply. Uses within the overlay zones must
5 comply with the height standards and the limitations set forth below. An area located in more
6 than one zone described herein is considered to be only in the zone with the more restrictive
7 limitations.
8 (1)Public Airport Height Restrictions.
9 a. Primary zone. The area longitudinally centered on each runway with the same length E
10 as the runway and is 2,000 feet wide. No structure that is not a part of the landing
11 and takeoff area is permitted in the primary zone that is of greater height than the a)
12 nearest point on to the runway. CL
13 b. Clear zone. The area extending 1,000 feet off each end of a primary surface and is the 0
14 same width as the primary surface. No structure not a part of the landing and takeoff >
15 area is permitted that is a greater height than the end of the runway. E
16 c. Inner horizontal zone. The area extending outward from the periphery of the primary
17 zone with an outer perimeter formed by swinging arcs of 7,500 feet radius about the
18 centerline at the end of each primary zone and connecting adjacent arcs by lines
19 tangent to these arcs. No structure will be permitted in the inner horizontal zone of 0
20 greater height than 156 feet MSL.
21 d. Conical zone. The area extending outward from the periphery of the inner horizontal U
22 zone for a distance of 7,000 feet. Height limits in the conical zone commence at 156 0
23 feet MSL at the inner boundary where it adjoins the inner horizontal zone and �-
24 increases in permitted height at a rate of one foot vertically for every 20 feet of CL
25 horizontal distance measured outward from the inner boundary to a height of 506
26 feet MSL at the outer boundary.
27 e. Outer horizontal zone. The area extending outward from the outer periphery of the CL
28 conical zone for a distance of 30,000 feet. The height limit within the outer CU
29 horizontal zone is 506 feet MSL.
30 f. Approach zone. The area longitudinally centered on each runway extended centerline CL
31 with an inner boundary 200 feet out from the end of the runway and the same width
CL
32 as the primary zone, then extending outward for a distance of 50,000 feet, expanding
33 uniformly in width to 16,000 at the outer boundary. Height limits within the
34 approach zones commence at the height of the runway end and increase at the rate CU
35 of one foot vertically for every 50 feet horizontally for a distance of 25,000 feet, at Cn
Ci
36 which point it remains level at 506 feet MSL to the outer boundary.
37 g. Transitional zone. The area within an inner boundary formed by the side of the m
38 primary zones, the first 200 feet of the clear zones and the approach zones, then
39 extending outward at right angles to the runway centerline and extended centerline Q
40 until the height matches the adjoining inner horizontal zone, conical zone, and outer a
41 horizontal zone height limit. The height limit at the inner boundary is the same as
42 the height of the adjoining zone and increases at the rate of one foot vertically for as
43 every seven feet horizontally to the outer boundary of the transitional zone, where it M
44 again matches the height of the adjoining zone.
45 (2)Private Airport Height Restrictions.
46 a. The landing approach zone for private airports is a trapezoidal area increasing
47 gradually in width from 50 feet to either side of the runway centerline, at the ends of
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I each usable runway, to a width of 350 feet to either side of the runway centerline at
2 a distance of 3,000 feet outward from the ends of each runway.
3 b. Approach zones shall be clear of obstruction above a glide path of 20:1 from the ends
4 of each usable runway. When the approach zone to any runway crosses a road, the
5 glide path must pass at least 15 feet above the edge of the nearest traffic lane.
6 c. No establishments or uses shall be allowed that emit smoke, gas or dust in quantities
7 or densities sufficient to jeopardize the safe use of private airports.
8 d. No development approval or building permit shall be granted for the construction of
9 any structure to be located within a private airport district or overlay zone that, when E
10 built, would constitute an airspace obstruction height that would cause a minimum
11 obstruction altitude, a minimum descent altitude, or a decision height to be changed a)
12 or a threshold to be displaced, or to interfere with the required approach glide slope. CL
13 e. No property owner within the private airport district or overlay shall be permitted to 0
14 grow or maintain trees to heights in excess of those provided herein for structures. >
15 (e) All development or expansion of existing public airports shall be done in accordance with the 0
16 "dated- Airport Master Plan and Airport Layout Plan of the airport and adopted
17 ordinances.
18
19 0
20 IV. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE
21 U
22 The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
23 158(d)(7)(b):
24 C.
25 1. Changed projections (e.g., regarding public service needs) from those on which the text or
26 boundary was based;
27 N/A CL
28 U
29 2. Changed assumptions (e.g., regarding demographic trends);
30 N/A CL
31
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32 3. Data errors, including errors in mapping, vegetative types and natural features described in
33 volume 1 of the plan;
34 N/A CU
U)
35
36 4. New issues;
37 m
38 The applicant provided: 00
00
0ri antrar 22. 2020, the BOC`C'approv d theMaster Plan lJpadate and.Airport 1, ,iyo at Plan for Key West Q
lraternatioraad Airport. Currently, the County is �Vor'kirag rara ati update to the N4arathora International Airl art car
04
Master 1"lan as well. The FAA requires airports to update their rnastera blares eNcriy' live to ten years. These
aapdatcs take esteaasive aniounts or plrartnirag, and tinge, I'he 1,DC c°ondi marital use requirements can cause
conflicts a%'itlw f derral rccpr.aircnaorats set f�ar�h b the federal l°Aar ti`�r airports and airport sp orasors( lt'rrii r£
39 Cotrntyl that rwece %,e federal funds for Fairport operations and development.
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The propersed text amendnmit is consistent and in picrurcru s t_ortip Plan policies 501.2 21, 501.5 2 and
501,53: addresses cr nflicis with federal requirements Unposed by the FAA regarding, the operation,
development, and funding of federally obligated airports; wid provides for a strctan litred level of project
development review for proposals with existing county,. state and federal re •ie\vs liar both Monroe onroe County
Airports Agency and public reviews will be accomplished for each prIldlect at both klotune County airports
during the development ofeach airport master plan and airport layout plain,.
1
2
3 Staff: The 2030 Monroe County Comprehensive Plan includes Policies 501.2.2, 501.5.2 and a
4 501.5.3 which require that the Marathon and Key West airports shall be expanded consistent
5 with the needs identified in the updated master plan as approved by the BOCC and that Monroe
6 County shall continue to maintain and update a master plan, and the Airport Layout Plan for
7 each public airport pursuant to the rules of the Federal Aviation Administration. Consistent D
8 with these policies, the county has updated or is in the process of updating its Master Plan and
a�
9 ALP for both public airports. These updates are reviewed and approved by FAA, must be
10 consistent with FDOT requirements and are reviewed and approved by the BOCC at public E
11 meeting. Specifically, the master plan and airport layout plan updates require public review
12 opportunities during plan development and require review and approval of the draft and final
13 plans by the BOCC at advertised public meetings.
14 0
15 The LDC requires a minor conditional use (less than 5,000sf) and major conditional use '=
16 (5,000sf or more) review for development projects at both county airports, which can cause �?
17 delays in accomplishing projects necessary for public health, safety and welfare. This review
18 can be accomplished by the county through the building permit review process. The proposed
19 text amendment is consistent with the Comp Plan and provides for a streamlined level of
20 project development review for proposals with existing county, state and federal reviews for
21 both Monroe County Airports. 0
22
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23 5. Recognition of a need for additional detail or comprehensiveness; or g
24
25 The applicant provided: i
Be ("ouunty inuust complete certain projects for public health, safety and �,re.lfarc and the l~AA imposes 0
certain federal rcrlurirenients regarding the opennion, develt pinern and funding of federally obligated
airports. the I-DC conditional use requir°er icnts can cause conflicts with lederal requirenients set limb by
CU
the Federal FAA for airports ands airport sponsors Monroe f."minty) that receive federal funds for girl urt Cn
operations and development. Recognition that agency and public rep ieWS ,�s"ill be ac omplished for each 0�
l agjoct at both Monrue Courity rrirtrtrryts clurrartg the rle r lr)ltrrrrrrtt, r.af` .rrr,l airport rtu�usterry 1,lrtn truth airport
layout plan is necessary, without the; need for a duplicative conditional ease review. 'lhe reviews can be
accomplished by professional co unct staff as an as-of-right prgjeet reviewed through the building permit
26 review process,
04
27 04
28 Staff: The proposed changes are consistent with the purpose of the AD district, to facilitate the
29 operations of airports, and the following Comp Plan Policies: E
30 U
31 Policy 501.1.4 -Monroe County shall continue to include existing airports and airstrips in airport land
32 use districts that only permit airport related land uses including those the County owns and operates
33 within incorporated areas of the County.
34
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I Policy 501.2.2 - The Marathon and Key West airports shall be expanded to be consistent with the needs
2 identified in the updated master plan as approved by the Board of County Commissioners.
3
4 Policy 501.3.3 - Facilities at public airports shall be built to meet or exceed federal, state, and local
5 safety regulations as applicable.
6
7 Policy 501.5.2 - Monroe County shall continue to maintain and update a master plan, and the Airport
8 Layout Plan,for each public airport pursuant to the rules of the Federal Aviation Administration.
9
10 Policy 501.5.3 - All development on and expansions of existing public airports shall be done in E
11 accordance with the updated Master Plan of the airport and shall be subject to all applicable policies of
12 this Plan and the County Land Development Code.
13 (.
14 In recognition of the unique process to assess and develop an Airport Master Plan (AMP) and
15 an Airport Layout Plan (ALP), and the federal, state and local process for approving the >
16 proposed airport improvements within the AMP and ALP, reviewing development proposals E
17 through the building permit process (as-of-right) will eliminate duplicative staff reviews
18 (reviewing both the conditional use and building permit for consistency with AMP/ALP) and
19 eliminate potential time constraints with the federal safety requirements and funding cycles.
20 0
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21 6. Data updates;
22 N/A
23
24 In no event shall an amendment be approved which will result in an adverse community change ,-,
25 to the planning area in which the proposed development is located or to any area in accordance CL
26 with a livable communikeys master plan pursuant to findings of the board of county
27 commissioners.
28 CL
29 The applicant provided: CrJ
No adverse corrvt', rmly change ang of the planning area top each County a4porrt weer pesupt forum this an'ietadpnent.Agency and pu b1pr:reviews �
w ... ,n CL
vorl br ar;r•;arr1rkNfVd for OaCh prrn,jecl at both tAonroe CooWy airyprift duff"hr;e de-volo r`Irrerrt of each wtrpod master r~rarn and asrpo ta'rku9R Plan �I
The,,raster pan and airg,orr,layout ptan rripr ate re�ir are puba rrr review ofparlunitt-e during pWn devebparTent and r€akAore r a iE;uv and CL
a)
dppravat of tt,e r` tt and ty 4 pWs by 1P", BOCC rut zialvernsed pu bIrc me cibngs Furthet vats 9r nto wrpofl evelopyr'rent al girth el, w
.. ,, CU
30 otrnty ulr rt�gilr only be t ornpWted on aair or`IKxouril'y ned! property s out lne on the approved airport Jwfr ul phan. Ui
31
32 The proposed text amendment is not anticipated to result in an adverse community change.
33
00
34
35 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE N
36 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
37
38 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
39 County 2030 Comprehensive Plan. Specifically,it furthers: Up
40
41 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
42 County residents and visitors, and protect valuable natural resources.
43
44 Policy 101.5.19:The principal purpose of the Airport District(AD) future land use category is to facilitate
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I the operations of airports and their compatible uses and to prohibit the development of residential uses
2 (excluding temporary non-emergency housing), non-compatible educational uses (including but not
3 limited to pre-K through high schools) and/or other uses which are characterized by the regular presence of
4 large numbers of people within the hazard areas of civil and military airports. In addition to privately
5 owned civil airports located within the unincorporated areas of the County, this Monroe County Future
6 Land Use Map (FLUM) designation applies to the airports owned by the County within the cities of Key
7 West and Marathon, and the County shall have review authority over all penult applications.
8
9 GOAL 501: Monroe County shall provide aviation facilities in a manner that maximizes safety, aa)
10 convenience, economic benefit, environmental compatibility and consistency with other elements of the as
11 comprehensive plan, including exercising its planning and land use authorities on County-owned airport
12 properties within incorporated areas of the County. a�Cri
13 C.
14 Objective 501.1: Because of the Florida Key's unique nature as an archipelago, Monroe County shall
15 promote the preservation of existing airports, airstrips, and related activities.
16 0
17 Policy 501.1.1: Monroe County shall maintain aviation related land uses adjacent to the public airports and 2
18 additionally prohibit intrusion into all airport zones. t�
19
20 Policy 501.1.4: Monroe County shall continue to include existing airports and airstrips in airport land use
21 districts that only penult airport related land uses including those the County owns and operates within 0
22 incorporated areas of the County.
23 U
24 Policy 501.1.5: Monroe County shall encourage the development of aviation facilities and activities that
25 relieve the traffic on U.S. 1 or serve as an alternative to U.S. 1 as a means of delivering goods and services CL
26 to the community. CL
27 D
c)
28 Policy 501.1.6: Monroe County shall provide space at public airports for a wide variety of aviation
29 activities in order to provide a wide variety of services to the community. C,
30
31 Policy 501.1.7: Figure 6-2, "Key West Airspace Plan" and Figure 6-3, "Florida Keys Marathon Airport" g
32 Airspace Plan, in the Technical Document of this Plan, are hereby incorporated by reference. �
CL
33
34 Objective 501.2: The expansion of existing or new airport and airstrip facilities shall be coordinated with 0
CL
35 the future land use, coastal management, and conservation elements.
36 „
37 Policy 501.2.1: The development and expansion of aviation and related facilities shall be consistent with
38 the future land use, coastal management and conservation elements. Ui
39
40 Policy 501.2.2: The Marathon and Key West airports shall be expanded to be consistent with the needs
41 identified in the updated master plan as approved by the Board of County Commissioners.
42 Q6.+',
43 Policy 501.2.3: Development activities to construct or expand airport or airstrip facilities shall not take 04
44 place in environmentally sensitive areas unless a viable alternative is not available. Mitigation and 04
45 restoration shall occur when there is no other alternative than to disturb environmentally sensitive areas.
46 as
47 Objective 501.3: Airports and airstrips shall operate in the manner to maximize safety and least adverse
48 impact on the community.
49
50 Policy 501.3.1: Monroe County shall maintain the existing hammock along Aviation Boulevard as a buffer
51 between the Marathon Airport and the residences to the north.
52
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I Policy 501.3.2: Monroe County shall maintain and update the Key West International and Marathon Noise
2 Exposure Maps and implement measures to minimize the adverse impacts of noise on the surrounding
3 community.
4
5 Policy 501.3.3: Facilities at public airports shall be built to meet or exceed federal, state, and local safety
6 regulations as applicable.
7
8 Objective 501.4: Monroe County shall coordinate surface transportation access to existing and new public Z�
9 airport facilities with the traffic circulation system shown on the traffic circulation maps.
10 E
11 Policy 501.4.1: Expansion of airport or airstrip facilities or proposed facilities shall be coordinated with
Cr
12 the necessary expansions to the traffic circulation system by requiring the access points to highways to be aa)
13 built to minimize adverse impacts on traffic operations. CL
14 D
c)
15 Policy 501.4.2: Access points to public airports shall be built to the specifications of Florida Department
16 of Transportation and Monroe County Public Works Division, as applicable. 0
17 2
18 Objective 501.5: Monroe County shall coordinate all aviation or related facilities with the plans of the
19 Federal Aviation Administration, military services, resource planning and management plan prepared
20 pursuant to Chapter 380, Florida Statutes and approved by the Governor and Cabinet, the Florida
21 Department of Transportation (FDOT) District Six Five-Year Transportation Plan , and the Continuing 0
CL
22 Florida Aviation System Planning Process (CFASPP) as adopted.
23
24 Policy 501.5.1: Monroe County shall continue to participate in the development of the (FDOT)District Six
25 Five-Year Transportation Plan , and the CFASPP. CL
26 C.
27 Policy 501.5.2: Monroe County shall continue to maintain and update a master plan, and the Airport
28 Layout Plan for each public airport pursuant to the rules of the Federal Aviation Administration.
29 CL
30 Policy 501.5.3: All development on and expansions of existing public airports shall be done in accordance
31 with the updated Master Plan of the airport and shall be subject to all applicable policies of this Plan and g
32 the County Land Development Code.
CL
33
34 Policy 501.5.4: Monroe County shall coordinate expansions and operation of the Key West airport with 0
CL
35 the U.S.Navy.
36
37 Policy 501.5.5: Monroe County shall seek joint use of the Boca Chica Naval Air Station or its preservation CU
38 as a public airport if the U.S.Navy ceases to operate the base. cni
39 c�
40 B. The amendment is consistent with the Principles for Guiding Development for the Florida
41 Keys Area, Section 380.0552(7), Florida Statutes.
00
42 Q
43 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan Q
44 with the principles for guiding development and any amendments to the principles, the principles
45 shall be construed as a whole and no specific provision shall be construed or applied in isolation a)
46 from the other provisions. c
47 (a) Strengthening local government capabilities for managing land use and development so that local CU
48 government is able to achieve these objectives without continuing the area of critical state concern
49 designation.
50 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
51 wetlands, fish and wildlife, and their habitat.
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I (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
2 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
3 their habitat.
4 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
5 development.
6 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
7 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
8 ensuring that development is compatible with the unique historic character of the Florida Keys.
9 (g) Protecting the historical heritage of the Florida Keys. a�
10 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major E
11 public investments, including:
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12 aa)
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13 1. The Florida Keys Aqueduct and water supply facilities; CL
14 2. Sewage collection, treatment, and disposal facilities;
15 3. Solid waste treatment, collection, and disposal facilities;
16 4. Key West Naval Air Station and other military facilities; 0
17 5. Transportation facilities;
18 6. Federal parks,wildlife refuges, and marine sanctuaries; t�
19 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
20 8. City electric service and the Florida Keys Electric Co-op; and
21 9. Other utilities, as appropriate. 0
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22
23 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and U
24 replacement of storimwater management facilities; central sewage collection; treatment and disposal
25 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and C.
26 disposal systems. CL
27 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of D
28 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as
29 applicable, and by directing growth to areas served by central wastewater treatment facilities through C,
30 penult allocation systems. Crj
31 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida g
32 Keys. �
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33 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. i
34 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural 0
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35 or manmade disaster and for a postdisaster reconstruction plan.
36 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
37 Florida Keys as a unique Florida resource. CU
38 U�
39 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
40 with the Principles for Guiding Development as a whole and is not inconsistent with any m
41 Principle. 00
42 a
43 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute Q
04
44 (F.S.). Specifically, the amendment furthers:
45
46 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and Ec
47 enhance present advantages; encourage the most appropriate use of land, water, and resources, Crj
48 consistent with the public interest; overcome present handicaps; and deal effectively with future
49 problems that may result from the use and development of land within their jurisdictions. Through the
50 process of comprehensive planning, it is intended that units of local government can preserve,
51 promote,protect, and improve the public health, safety, comfort, good order, appearance, convenience,
52 law enforcement and fire prevention, and general welfare; facilitate the adequate and efficient
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I provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and other
2 requirements and services; and conserve, develop, utilize, and protect natural resources within their
3 jurisdictions.
4
5 163.3161(6), F.S. —It is the intent of this act that adopted comprehensive plans shall have the legal status
6 set out in this act and that no public or private development shall be permitted except in conformity
7 with comprehensive plans, or elements or portions thereof, prepared and adopted in conformity with
8 this act.
9
10 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and
11 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
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12 development of the area that reflects community commitments to implement the plan and its elements. aa)
13 These principles and strategies shall guide future decisions in a consistent manner and shall contain CL
14 programs and activities to ensure comprehensive plans are implemented. The sections of the
15 comprehensive plan containing the principles and strategies, generally provided as goals, objectives,
16 and policies, shall describe how the local government's programs, activities, and land development 0
17 regulations will be initiated, modified, or continued to implement the comprehensive plan in a T
18 consistent manner. It is not the intent of this part to require the inclusion of implementing regulations 0
19 in the comprehensive plan but rather to require identification of those programs, activities, and land
20 development regulations that will be part of the strategy for implementing the comprehensive plan and
21 the principles that describe how the programs, activities, and land development regulations will be 0
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22 carried out. The plan shall establish meaningful and predictable standards for the use and development
23 of land and provide meaningful guidelines for the content of more detailed land development and use g
24 regulations.
25 CL
26 163.3177(6)(b)4., F.S. — At the option of a local government, an airport master plan, and any subsequent CL
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27 amendments to the airport master plan, prepared by a licensed publicly owned and operated airport D
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28 under s. 333.06 may be incorporated into the local government comprehensive plan by the local
29 government having jurisdiction under this act for the area in which the airport or projected airport CL
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30 development is located by the adoption of a comprehensive plan amendment. In the amendment to the Cu
31 local comprehensive plan that integrates the airport master plan, the comprehensive plan amendment g
32 shall address land use compatibility consistent with chapter 333 regarding airport zoning; the :3
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33 provision of regional transportation facilities for the efficient use and operation of the transportation
34 system and airport; consistency with the local government transportation circulation element and 0
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35 applicable M.P.O. long-range transportation plans; the execution of any necessary interlocal
36 agreements for the purposes of the provision of public facilities and services to maintain the adopted
37 level-of-service standards for facilities subject to concurrency; and may address airport-related or
38 aviation-related development. Development or expansion of an airport consistent with the adopted Ui
39 airport master plan that has been incorporated into the local comprehensive plan in compliance with 0
40 this part, and airport-related or aviation-related development that has been addressed in the 0
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41 comprehensive plan amendment that incorporates the airport master plan, do not constitute a
42 development of regional impact.Notwithstanding any other general law, an airport that has received a CD
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43 development-of-regional-impact development order pursuant to s. 380.06, but which is no longer 04
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44 required to undergo development-of-regional-impact review pursuant to this subsection, may rescind 04
45 its development-of-regional-impact order upon written notification to the applicable local
46 government. Upon receipt by the local government, the development-of-regional-impact development E
47 order shall be deemed rescinded. M
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49 163.3194, F.S. — (1)(a) After a comprehensive plan, or element or portion thereof, has been adopted in
50 conformity with this act, all development undertaken by, and all actions taken in regard to
51 development orders by, governmental agencies in regard to land covered by such plan or element
52 shall be consistent with such plan or element as adopted.
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I (b) All land development regulations enacted or amended shall be consistent with the adopted
2 comprehensive plan, or element or portion thereof, and any land development regulations existing at
3 the time of adoption which are not consistent with the adopted comprehensive plan, or element or
4 portion thereof, shall be amended so as to be consistent. If a local government allows an existing land
5 development regulation which is inconsistent with the most recently adopted comprehensive plan, or
6 element or portion thereof, to remain in effect, the local government shall adopt a schedule for
7 bringing the land development regulation into conformity with the provisions of the most recently
8 adopted comprehensive plan, or element or portion thereof. During the interim period when the Z�
9 provisions of the most recently adopted comprehensive plan, or element or portion thereof, and the a)
10 land development regulations are inconsistent, the provisions of the most recently adopted E
11 comprehensive plan, or element or portion thereof, shall govern any action taken in regard to an
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12 application for a development order.
13 C.
14 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory
15 authority.—It is the intent of this act that adopted comprehensive plans or elements thereof shall be
16 implemented, in part, by the adoption and enforcement of appropriate local regulations on the 0
17 development of lands and waters within an area. It is the intent of this act that the adoption and 2
18 enforcement by a governing body of regulations for the development of land or the adoption and 0
19 enforcement by a governing body of a land development code for an area shall be based on,be related
20 to, and be a means of implementation for an adopted comprehensive plan as required by this act.
21 0
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22 VI. PROCESS
23 g
24 Land Development Code Amendments may be proposed by the Board of County Commissioners, :3
25 the Planning Commission, the Director of Planning, private application, or the owner or other CL
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26 person having a contractual interest in property to be affected by a proposed amendment. The D
27 Director of Planning shall review and process applications as they are received and pass them onto
28 the Development Review Committee and the Planning Commission. 0
29 '-
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30 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
31 review the application, the reports and recommendations of the Department of Planning &
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32 Environmental Resources and the Development Review Committee and the testimony given at the
33 public hearing. The Planning Commission shall submit its recommendations and findings to the 0
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34 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the �
35 adoption of the proposed amendment, and considers the staff report, staff recommendation,
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36 Planning Commission recommendation and the testimony given at the public hearing. The BOCC
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37 may adopt the proposed amendment based on one or more of the factors established in LDC
38 Section 102-158(d)(7). 0
39 m
40 In cases in which the proposed ordinance changes the actual list of permitted, conditional, or 00
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41 prohibited uses within a zoning category, the board of county commissioners shall hold two (2) Q
42 advertised public hearings on the proposed ordinance. 04
43
44 VIL STAFF RECOMMENDATION
45 U
46 Staff recommends approval of the proposed amendment.
47
48 VIILEXHIBITS
49
50 1. Chapter 332, F.S. excerpts (Airport Law of 1945).
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Exhibit 1
332.001 Aviation; powers and duties of the Department of Transportation.—
(1) It shall be the duty, function, and responsibility of the Department of Transportation to plan airport systems
in this state. In carrying out this duty and responsibility, the department may assist and advise, cooperate, and
coordinate with the federal, state, local, or private organizations and individuals in planning such systems of
airports.
(2) It shall be the duty, function, and responsibility of the Department of Transportation to promote the further a)
development and improvement of air routes, airport facilities, and landing fields and protect their approaches and
to stimulate the development of aviation commerce and air facilities. In carrying out this duty and responsibility,
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the department may advise and cooperate with municipalities, counties, regional authorities, state agencies, aa)
appropriate federal agencies, and interested private individuals and groups. CL
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332.003 Florida Airport Development and Assistance Act; short title.—Sections 332.003-332.007 may be
cited as the "Florida Airport Development and Assistance Act." 0
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332.004 Definitions of terms used in ss.332.003-332.007.—As used in ss. 332.003-332.007,the term:
(1) "Airport"means any area of land or water, or any manmade object or facility located therein, which is used,
or intended for public use, for the landing and takeoff of aircraft, and any appurtenant areas which are used, or
intended for public use, for airport buildings or other airport facilities or rights-of-way. 0
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(2) "Airport hazard"means any structure or object of natural growth located on or in the vicinity of a public-use '=
airport, or any use of land near such airport, which obstructs or causes an obstruction to the airspace required for U
the flight of aircraft in landing or taking off at such airport or is otherwise hazardous to landing or taking off at 0
such airport. C.
(3) "Airport master planning" means the development, for planning purposes, of information and guidance to C
determine the extent,type, and nature of development needed at a specific airport. D
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(4) "Airport or aviation development project" or "development project" means any activity associated with the
design, construction,purchase, improvement, or repair of a public-use airport or portion thereof, including,but not C,
limited to: the purchase of equipment; the acquisition of land, including land required as a condition of a federal,
state, or local permit or agreement for environmental mitigation; off-airport noise mitigation projects; the removal, g
lowering,relocation, marking, and lighting of airport hazards; the installation of navigation aids used by aircraft in �
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landing at or taking off from a public airport; the installation of safety equipment required by rule or regulation for
certification of the airport under s. 612 of the Federal Aviation Act of 1958, and amendments thereto; and the 0
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improvement of access to the airport by road or rail system which is on airport property and which is consistent, to
the maximum extent feasible, with the approved local government comprehensive plan of the units of local
government in which the airport is located. CU
(5) "Airport or aviation discretionary capacity improvement projects" or "discretionary capacity improvement U)i
projects" means capacity improvements which are consistent, to the maximum extent feasible, with the approved 0
local government comprehensive plans of the units of local government in which the airport is located, and which m
enhance intercontinental capacity at airports which:
(a) Are international airports with United States Bureau of Customs and Border Protection; Q
(b) Had one or more regularly scheduled intercontinental flights during the previous calendar year or N
have an agreement in writing for installation of one or more regularly scheduled intercontinental flights N
upon the commitment of funds for stipulated airport capital improvements; and
(c) Have available or planned public ground transportation between the airport and other major E
transportation facilities. U
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(6) "Aviation system planning"means the development of comprehensive aviation plans designed to achieve and
facilitate the establishment of a statewide, integrated aviation system in order to meet the current and future
aviation needs of this state.
(7) "Eligible agency"means a political subdivision of the state or an authority which owns or seeks to develop a
public-use airport.
(8) "Federal aid"means funds made available from the Federal Government for the accomplishment of airport or
aviation development projects.
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(9) "Florida airport system" means all existing public-use airports that are owned and operated within the state
and those public-use airports which will be developed and made operational in the future.
(10) "Landing area"means that area used or intended to be used for the landing, takeoff, or surface maneuvering
of an aircraft.
(11) "Planning agency" means any agency authorized by the laws of the state or by a political subdivision to
engage in area planning for the areas in which assistance under this act is contemplated.
(12) "Project" means a project for the accomplishment of airport or aviation development or airport master
planning.
(13) "Project cost"means any cost involved in accomplishing a project.
(14) "Public-use airport"means any publicly owned airport which is used or to be used for public purposes.
(15) "Sponsor" means any eligible agency which, either individually or jointly with one or more eligible .5
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agencies, submits to the department an application for financial assistance for an airport development project in aa)
accordance with this act. CL
D
332.01 Airport law; definitions.—The following words, terns, and phrases shall in ss. 332.01-332.12 have the
meanings herein given, unless otherwise specifically defined, or unless another intention clearly appears, or the 0
context otherwise requires:
(1) "Municipality"means any county, city,village, or town of this state. t�
(2) "Airport purposes" means and includes airport, restricted landing area, and other air navigation facility
purposes.
(3) "Airport"means any area, of land or water, except a restricted landing area,which is designed for the landing 0
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and takeoff of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for
receiving and discharging passengers or cargo, and all appurtenant areas used or suitable for access to airport g
facilities, airport buildings, or other airport facilities, and all appurtenant rights-of-way, whether heretofore or 0
hereafter established. C.
(4) "Air navigation facility" means any facility used in, available for use in, or designed for use in, aid of air CL
navigation, including airports, restricted landing areas, and any structures, mechanisms, lights, beacons, marks, D
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communicating systems, or other instruunentalities or devices used or useful as an aid, or constituting an advantage
or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or C,
maintenance of an airport, or restricted landing area, and any combination of any or all of such facilities. CU
(5) "Air navigation" means the operation or navigation of aircraft in the airspace over this state, or upon any �?
airport or restricted landing area within this state.
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(6) "Person" means any individual, firm, partnership, corporation, company, association,joint-stock association,
or body politic; and includes any trustee,receiver, assignee, or other similar representative thereof. 0
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332.02 Acquisition of real property for airports.—
(1) Every municipality is hereby authorized through its governing body,to acquire property, real or personal, CU
for the purpose of establishing, constructing, and enlarging airports and other air navigation facilities and to Cn i
acquire, establish, construct, enlarge, improve, maintain, equip, operate, and regulate such airports and other air
navigation facilities and structures and other property incidental to their operation, either within or without the
territorial limits of such municipality and within or without this state; to make, prior to any such acquisition,
00
investigations, surveys, and plans; to construct, install, and maintain airport facilities for the servicing of aircraft CDCD
and for the comfort and accommodation of air travelers; and to purchase and sell equipment and supplies as an 04
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incident to the operation of its airport properties. It may not, however, acquire or take over any airport or other air N
navigation facility owned or controlled by any other municipality of the state without the consent of such
municipality. It may use for airport purposes any available property that is now or may at any time hereafter be E
owned or controlled by it. Such air navigation facilities as are established on airports shall be supplementary to and
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coordinated in design and operation with those established and operated by the federal and state governments.
(2) Property needed by a municipality for an airport or restricted landing area, or for the enlargement of either, or
for other airport purposes, may be acquired by purchase, gift, devise, lease, or other means if such municipality is
able to agree with the owners of said property on the terns of such acquisition, and otherwise by condemnation in
the manner provided by the law under which such municipality is authorized to acquire like property for public
purposes, full power to exercise the right of eminent domain for such purposes being hereby granted every
municipality both within and without its territorial limits, as specified in and including all the powers, rights, and
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privileges of chapters 73 and 74. If but one municipality is involved and the charter of such municipality prescribes
a method of acquiring property by condemnation, proceedings shall be had pursuant to the provisions of such
charter and may be followed as to property within or without its territorial limits. Any title to real property so
acquired shall be in fee simple, absolute and unqualified in any way, or any lesser interest therein. For the purpose
of making surveys and examinations relative to any condemnation proceedings, it shall be lawful to enter upon any
land, doing no unnecessary damage.Notwithstanding the provisions of this or any other statute or the provisions of
any charter, the municipality may take possession of any such property so to be acquired at any time after the filing
of the petition describing the same in condemnation proceedings, as provided in chapter 74. It shall not be
precluded from abandoning the condemnation of any such property in any case where possession thereof has not a)
been taken.
(3) In the event any exercise of power under ss. 332.01-332.12 by a municipality requires the removal,
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relocation, or reconstruction of any structure located in, on, under, or across any private property, public street or aa)
highway, or other public or private places, then such municipality shall reimburse the owner of such structure for CL
the estimated or actual expense of said removal,relocation, or reconstruction prior to the incurring of such expense
by such owner.
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332.03 Establishment of airports, etc., declared public power.—The acquisition of any lands for the purpose T
of establishing airports or other air navigation facilities; the acquisition of airport protection privileges; the 0
acquisition, establishment, construction, enlargement, improvement, maintenance, equipment, and operation of
airports and other air navigation facilities; and the exercise of any other powers herein granted to municipalities are
hereby declared to be public, governmental, and municipal functions, exercised for a public purpose, and 0
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matters of public necessity; and such lands and other property, easements, and privileges acquired and used
by such municipalities in the manner and for the purposes enumerated in ss. 332.01-332.12 shall be and are g
hereby declared to be acquired and used for public, governmental, and municipal purposes and as a matter 0
of public necessity.
C.
332.08 Additional powers.—
(1) In addition to the general powers in ss. 332.01-332.12 conferred and without limitation thereof, a r-
municipality that has established or may hereafter establish airports, restricted landing areas, or other air CL
navigation facilities, or that has acquired or set apart or may hereafter acquire or set apart real property for such
purposes,is authorized:
(a) To vest authority for the construction, enlargement, improvement, maintenance, equipment,
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operation, and regulation thereof in an officer, a board or body of such municipality by ordinance or
resolution which shall prescribe the powers and duties of such officer, board or body. The expense of such 0
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construction, enlargement, improvement, maintenance, equipment, operation, and regulation shall be a c,
responsibility of the municipality.
(b) To adopt and amend all needful rules, regulations, and ordinances for the management, government, and Cu
use of any properties under its control, whether within or without the territorial limits of the municipality; to i
appoint airport guards or police, with full police powers; to fix by ordinance or resolution, as may be
appropriate, penalties for the violation of such rules,regulations, and ordinances, and enforce such penalties in
the same manner in which penalties prescribed by other rules, regulations, and ordinances of the municipality
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are enforced. CD
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(c) To lease for a tern not exceeding 50 years such airports or other air navigation facilities, or real property 04
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acquired or set apart for airport purposes, to private parties, any municipal or state government or the national 04
government, or any department of either thereof, for operation; to lease or assign for a tern not exceeding 50
years to private parties, any municipal or state government or the national government, or any department of E
either thereof, for operation or use consistent with the purposes of ss. 332.01-332.12, space, area,
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improvements, or equipment on such airports; to sell any part of such airports, other air navigation facilities, or
real property to any municipal or state government, or the United States or any department or instruinentality
thereof, for aeronautical purposes or purposes incidental thereto, and to confer the privileges of concessions of
supplying upon its airports goods, commodities, things, services, and facilities; provided, that in each case in
so doing the public is not deprived of its rightful equal and uniform use thereof.
(d) To sell or lease any property, real or personal, acquired for airport purposes and belonging to the
municipality, which, in the judgment of its governing body, may not be required for aeronautic purposes, in
Packet Pg.4198
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accordance with the laws of this state, or the provisions of the charter of the municipality, governing the sale or
leasing of similar municipally owned property.
(e) To exercise all powers necessarily incidental to the exercise of the general and special powers herein
granted, and is specifically authorized to assess and shall assess against and collect from the owner or operator
of each and every airplane using such airports a sufficient fee or service charge to cover the cost of the service
furnished airplanes using such airports, including the liquidation of bonds or other indebtedness for
construction and improvements.
(2) If a county operates one or more airports, its regulations for the governance thereof shall be by resolution Z
of the board of county commissioners, recorded in the minutes of the board, and promulgated by posting a copy at
the courthouse and at every such airport for 4 consecutive weeks or by publication once a week in a newspaper
published in the county for the same period. Such regulations shall be enforced in the same manner as the criminal `
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laws.Violation thereof is a misdemeanor of the second degree,punishable as provided in s. 775.082 or s. 775.083.
(3) Notwithstanding any other provision of this section, a municipality participating in the Federal Aviation CL
Administration's Airport Privatization Pilot Program pursuant to 49 U.S.C. s. 47134 may lease or sell an airport or
other air navigation facility or real property, together with improvements and equipment, acquired or set apart for
airport purposes to a private party under such terms and conditions as negotiated by the municipality. If state funds 0
were provided to the municipality pursuant to s. 332.007, the municipality must obtain approval of the agreement 2
from the Department of Transportation, which lis authorized to approve the agreement if it determines that the 0
state's investment has been adequately considered and protected consistent with the applicable conditions specified
in 49 U.S.C. s. 47134.
0
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332.11 Cooperation of authorities.—It shall be lawful for and full power and authority is hereby conferred '=
upon municipalities in any area of the state to cooperate in the exercise of the powers and authorities conferred g
upon municipalities under the provisions of ss. 332.01-332.12, and such municipalities shall share in such Z
exercise of power and authority equally or upon such other terms as may be mutually agreed upon between said �-
municipalities. CL
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332.12 Airport Law of 1945; short title.—Sections 332.01-332.12 may be cited as the "Airport Law of
1945." CL
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