Item J3Meeting Date:
August 17,
2011
Division: Growth Management
Bulk Item: Yes
_ No
X
Staff Contact Person/Phone #: Christine Hurley x2517
AGENDA ITEM WORDING: Discussion and staff direction regarding the development of military compatibility criteria,
required by Sections 163.3177 and 163.3175, Florida Statutes and a letter received from the Florida Department of
Community Affairs requesting the County to amend the Monroe County 2010 Comprehensive Plan to address land use
compatibility with Naval Air Station Key West.
ITEM BACKGROUND: The Florida Department of Community Affairs (DCA) sent a letter to Mayor Heather
Carruthers, dated July 11, 2011, which stated that the current Monroe County Comprehensive Plan does not address
compatibility of lands adjacent to an existing military installation. A local government that does not address compatibility
of land proximate to an existing military installation in the future land use plan element by June 30, 2012, shall enter into
mediation. Mediation would include representatives from the Naval Air Station Key West, Monroe County, the State Land
Planning Agency, the South Florida Regional Planning Council, and potentially other private land owners. Attached for
your review is the letter from DCA, which states that if the local government comprehensive plan does not contain criteria
addressing compatibility by December 31, 2013, the agency may notify the Administration Commission, which may
impose sanctions pursuant to s. 163.3184(8), F.S., including the direction to state agencies to not provide funds to increase
the capacity of roads, bridges, or water and sewer systems for those local governments with plan amendments determined
not to be in compliance. The Administrative Commission may also specify that the local government is not eligible for
grants under the following programs: Florida Small Cities Community Development Block Grant Programs; Florida
Recreation Development Assistance Program; and revenue sharing. If the local government has a coastal management
element, the Administrative Commission may also specify that the local government is not eligible for funding pursuant to
s.161.091, F.S., regarding beach management and maintenance funding.
PREVIOUS RELEVANT BOCC ACTION:
On July 15, 2003, the BOCC adopted Ordinance No. 031-2003, amending Section 9.5-252(C)(3)h. (A1CUZ) and creating
Section 9.5-258 of the Land Development Code that specifies restrictions on private property adjacent to NAS Key West.
On July 15, 2011, the BOCC asked the Growth Management Director to discuss this item at the next regular BOCC
meeting.
CONTRACT/AGREEMENT CHANGES: NIA
STAFF RECOMMENDATIONS:
Request a meeting with Navy representatives (inviting DCA, Governor and BOCC) to review:
1. Technical findings of 2007 AICUZ, as well as data used to develop 2007 A1CUZ
a. Number of flights by less noisy aircraft.
b. Shape of noise contours around Key Haven/Shark Key
2. Request in detail the policies Navy requests County to adopt:
a. Prohibit residential development or other types of development in Crash or Noise Zones, even if zoning
already allows residential development;
b. Rezoning of land (eliminating density/intensity within certain crash:"noise zones);
c. Disallow increases in density/intensity within certain crash/noise zones;
d. Sound attenuation standards (in writing) for structures, depending on level of noise;
3. if County adopts policies related to (2) above, is Navy willing to compensate County for takings/Bert J Harris
liability.
4. Given Navy is in the process of EIS, shouldn't County wait to see whether there are less or more impacts found
with existing aircraft, or newly proposed aircraft.
TOTAL COST: INDIRECT COST: BUDGETED: Yes _ No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Christine Hurley, Growth Management Division Director
From: Mitchell N. Harvey, AICP, Comprehensive Planning Manager
Date: July 28, 2011
RE: BOCC Discussion Item Regarding Military Compatibility Criteria
Section 163.3175, Florida Statute (F.S.), requires local governments to address compatibility of
development with military installations and requires the exchange of information between local
governments and military installations. The requirements of the law include:
• Local government must transmit to the commanding officer of the relevant associated
installation or installations information relating to proposed changes to comprehensive
plans, plan amendments, and proposed changes to land development regulations which, if
approved, would affect the intensity, density, or use of the land adjacent to or in close
proximity to the military installation.
• At the request of the commanding officer, affected local governments must also transmit
to the commanding officer copies of applications for development orders requesting a
variance or waiver from height or lighting restrictions or noise attenuation reduction
requirements within areas defined in the local government's comprehensive plan as being
in a zone of influence of the military installation. Each affected local government shall
provide the military installation an opportunity to review and comment on the proposed
changes.
• Local government shall take into consideration any comments provided by the
commanding officer or his or her designee and must also be sensitive to private property
rights and not be unduly restrictive on those rights. The local government shall forward a
copy of any comments regarding comprehensive plan amendments to the state land
planning agency.
• A representative of a military installation acting on behalf of all military installations
within that jurisdiction shall be included as an ex officio, nonvoting member of the
county's or affected local government's land planning or zoning board.
• The adoption of criteria to be used to achieve the compatibility of lands adjacent or
closely proximate to military installations within the future land use plan element,
pursuant to Section 163.3177(6)(a), F.S. If a local government does not adopt criteria
and address compatibility of lands adjacent to or closely proximate to existing military
installations in its future land use plan element by June 30, 2012, the local government,
the military installation, the state land planning agency, and other parties as identified by
the regional planning council, including, but not limited to, private landowner
representatives, shall enter into mediation.
On July 11, 2011, Mayor Heather Carruthers received a letter from Tom Beck, Director of the
Florida Division of Community Planning, State Land Planning Agency (attached), regarding the
development of goals, objectives and policies within the Monroe County Comprehensive Plan to
address military coordination. The letter states that the current Future Land Use Element does
not address compatibility of lands adjacent to an existing military installation. Mr. Beck's letter
states that "it is of upmost importance that the County review the 2007 [AICUZ] Study, evaluate
the needed changes to the comprehensive plan and land development regulations, and move
forward to resolve military compatibility."
The letter also includes the following excerpt from Ch. 2011-139, Laws of Florida (amending
Section 163.3175, F.S.):
(5) The commanding officer or his or her designee may provide comments to the affected
local government on the impact such proposed changes may have on the mission of the
military installation. Such comments may include:
(a) If the installation has an airfield, whether such proposed changes will be
incompatible with the safety and noise standards contained in the Air Installation
compatible Use Zone (AICUZ) adopted by the military installation for that airfield;
(b) Whether such changes are incompatible with the Installation Environmental Noise
Management Program (IENMP) of the United States Army;
(c) Whether such changes are incompatible with the findings of Joint Land Use Study
(JLUS) for the area if on has been completed; and
(d) Whether the military installation's mission will be adversely affected by the
proposed actions of the county or affected local government.
The commanding officer's comments, underlying studies, and reports are not binding
on the local government.
Monroe County's Present Actions
NAS Key West has initiated the process of developing an Environmental Impact Statement (EIS)
which could result in the update of current NAS Key West AICUZ studies.
On June 16, 2010, the Monroe County BOCC passed a motion to establish a community
oversight committee to provide input on the Environmental Impact Statement for the air field
operations at the Naval Air Station Key West. The BOCC formed the EIS Oversight Committee
to provide oversight of, and participate to the greatest extent degree possible, in the EIS process
on behalf of the County and to report back to the BOCC when the committee deems that action
of the BOCC is important to the EIS process.
Monroe County is presently updating its technical document and comprehensive plan, which is
being prepared by Keith and Schnars. The County's planning consultant, Keith & Schnars, has
also been assisting County staff and this committee regarding the pending EIS. The Navy has
announced that the EIS is expected to be released in early 2012.
For the update of the Monroe County Technical Document, which provides data and analysis for
potential comprehensive plan amendments, County staff coordinated with the EIS Oversight
Committee for the development of the following text in the Technical Document:
In April of 2003 the Navy published the Environmental Assessment for Fleet Support and
Infrastructure Improvements — Naval Air Station Key West (EA). In 2004, the Navy
prepared an updated CY 2007 AICUZ map for NAS Key West. The 2007 AICUZ map
encompassed a substantially larger area compared to the 1977 AICUZ map.
The environmental impacts of all of the planned and current aircraft were not evaluated
by the Navy's EA in accordance with the National Environmental Policy Act (NEPA).
For example, the EA purported to evaluate the impacts of the Super Hornet aircraft,
however, evidence of this is not found in the report. Specifically, the Super Hornet
aircraft was mentioned in only three pages of the 232 page EA and those three pages did
not discuss the noise or other environmental impacts. Further, the Draft EA was
distributed to the public and reporting agencies for input and this input was the basis for
the final comments published in the April 2003 EA. None of the public or agency
comments mention the Super Hornet aircraft, thereby creating the assumption neither the
public nor the 11 reporting agencies have evaluated the impacts of the Super Hornet
aircraft at NAS Key West.
The impacts of introducing this type of aircraft at NAS Key West are clearly significant.
It is important to point out that the Navy also published in 2003 the Final Environmental
Impact Statement for the Introduction of the FIA-18EIF Super Hornet Airport to the East
Coast of the United States. The impacts of the Super Hornet aircraft on the east coast of
the United States are recognized in this publication. However, the environmental
impacts resulting from FIA-18EIF Super Hornet operations at NAS Key West were not
discussed.
Because of the deficiencies and discrepancies noted above, the 2007 AICUZ map has not
been codified into the MCLDC and is not utilized by the County when considering
development applications.
The Navy is currently undertaking an Environmental Impact Statement (EIS) to evaluate
alternatives for future airfield operations at NAS Key West. The Draft EIS is scheduled
to be released by the Navy during the summer of 2011. If properly undertaken, the EIS
will consider current airfield operations and changes in the type and number of aircraft
operations at NAS Key West. In addition, to evaluate impacts fully the Navy must ensure
that all analysis is undertaken utilizing the most currently accepted peer reviewed
methods. This includes, but is not limited to the evaluation of military aircraft noise.
In their May 12, 2010 Notice of Intent to Prepare an EIS (Federal Register Vol. 75, No
91) the Navy listed, among others, "consistency with existing land use control plans,
policies and actions" as factors to be evaluated in the EIS. In this regard, the Final EIS
will potentially inform and lead to the creation of a revised AICUZ map. The Final EIS
and Record of Decision are scheduled for spring and fall 2012 respectively. Therefore, it
is the position of the County that adoption of an AICUZ map in the Comprehensive Plan
should be deferred until a full evaluation of the environmental impacts is completed in
the EIS, including an evaluation of the impacts from NAS Key West Super Hornet
operations. Adoption of the 2007 AICUZ map without the benefit of a full evaluation of
impacts through the Navy's ElSprocess would be premature.
Current Coordination:
The following military compatibility requirements of Chapter 163, F.S. are presently in place and
implemented by Monroe County:
• Monroe County transmits to the commanding officer information relating to proposed
changes to comprehensive plans, plan amendments, and proposed changes to land
development regulations.
• Monroe County, at the request of the commanding officer, affected transmits to the
commanding officer copies of applications for development orders requesting a
variance or waiver from height or lighting restrictions or noise attenuation reduction
requirements within areas defined in the local government's comprehensive plan as
being in a zone of influence of the military installation.
• Monroe County considers any comments provided by the commanding officer and
forward a copy of any comments regarding comprehensive plan amendments to the
state land planning agency
• Monroe County includes a representative of NAS Key West as an ex officio,
nonvoting member of the Monroe County Planning Commission
As noted above, Monroe County currently implements the majority of the requirements of
Section 163.3175, F.S. The only outstanding issue is the requirement to adopt criteria to be used
to achieve the compatibility of lands adjacent or closely proximate to military installations within
the future land use plan element, pursuant to Section 163.3177(6)(a), F.S.
Staff Recommendations:
Schedule a meeting with the BOCC, Navy representatives (inviting DCA and Governor), to
review:
1. Technical findings of 2007 AICUZ, as well as data used to develop 2007 AICUZ
a. Number of flights by less noisy aircraft.
b. Shape of noise contours around Key Haven/Shark Key
2. Request in detail the policies Navy requests County to adopt:
a. Prohibit residential development or other types of development in Crash or Noise
Zones, even if zoning already allows residential development.
b. Rezoning of land (eliminating density/intensity within certain crash/noise zones).
c. Disallow increases in density/intensity within certain crash/noise zones.
d. Sound attenuation standards (in writing) for structures, depending on level of noise.
3. If County adopts policies related to (2) above, is Navy willing to compensate County for
takings/Bert J Harris liability.
4. Given Navy is in the process of EIS, shouldn't County wait to see whether there are less
or more impacts found with existing aircraft, or newly proposed aircraft.
The County will continue to work closely with the Navy throughout the EIS process. Upon
completion of the EIS, the County will review any updated AICUZ map and adopt appropriate
changes to its Comprehensive Plan.
0
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
BILLY SUZZETT
RICK SCOTT SOCIVIa►y
Governor
MayorHeather Carruthers,
s. • • • • '
ners
1 Whitehead Street
Key West, Florida 33040
Dear Mayor
This letter requests your assistance in the development
within Monroe f • •
rehensive Plan. The
goals,•• • policies- *•, • f • • • - • an
current Future Land Use Element • s •i address
During the 2011` • = •
existing military installation.
n, Section 163.3175,
Florida Statutes (FS) -s was amended
and provides that a local government
that does not address compatibility of proximate •
existing milbry installations in
its future land use plan element by June 30, 2012,
Monroepursuant to s. 186-509, F.S. Mediation would include representatives from the Naval
County,- _
Air
Land Planning
Station - West • potentially,other• '
Agency, and the South Florida
Regional• aCouncil
lan
• owners.
The Monroe County • DevelopmentRegulations,
Section 130-121 - •
compatible _
provide guidance regarding
regulations are based upon
studiesre
• • a by
and were not in geographic information
f format.
Program developed by
The 1977 Air installation Compatible Use
the Department of Defense to provide information and guidance to local governments
regarding safety .; compatibility of land uses for property
• military landsand
requirementinstallations and to prevent encroachment
missions. The AICUZ
also sought to balance the fadequate aircraft training capabilities at
airfields with community concerns about aircraft noise and accident potential generated
bythe training.
255S. SHUMARD OAK BOULEVARD 13 T® e LWHASSEE-b site: F�L'323 e9-21 0
$50-489-8466 (p) 13 850-921-0181 (f)
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0 HO AND IOMMUMff ®MOPM1NT 1�401 M O)
encroachmentThe primary factors of •: oompatibility that need o beaddressed
within the comprehensive plan are thefollowing'
height,Structure
Lighting that would impair pilot vision,
Uses that would generate Smoke, steam or dust, or attract birds,
Electronic interference with aircraft communication or navigation,
Noise level reduction for buildings,
Real Estate Disclosures, •
Development is prohibited under the runway, under the clear zone (next tz
the runway), and under the accident potential zones.
Military bases and activities in Florida provide an ims contribution
Statels economy, providing approximately $536 million in economic Impact within
Monroe County in 2010. The NAS Key West is a significant fighter pilot training center.
The excellent weather conditions •Visibility• s:
Stationobtaining air space make the Naval Air
jet plane pilots.
The methodology for establishing aircraft noise levels has changed from the
"Composite Noise Rating" procedure used in 1977 to a more widely accepted decibel
measurement predicts the impact of
attached7S77jW,, 4113�mw '. the d�-cFk&ht average sound level and Sound Exposure
Levels. The noise contours are then presented on a map. Please see Ogure 4--Swh
the study. For!'useplanning
noiseoperations is divided into three •nes ranging between i t : ` decibels.
Noise Zone I includes areas where less than • decibels ofnoise
will • -achieved _ •noise
NoiseZone 2 includes. decibels
of at least 25 decibels. Non-nal construction can be expected to
provide a noise level reduction of 20 decibels and reduction
requirements are stated as 5. 10, and 15 decibels over standard
construction a• normally assume
air conditioning, upgraded
Sound Transmission Class (STC) ratings in windows, doors and
closed windows. Located within the 65 decibel - noise zone 2 are
porbons of Raccoon
Stock
all of - •Key.
Noise _ 3 is more than 75 decibels an• Is the most severely
- - • for compatible•
includesimpacted area with the
use
controls. Noise Zone 3 GeigerRockland
Heather Carruthers, Mayor
July 11, 0'
Page 3
discouraged in this zone with the exception of transient iv
can provide noise level reduction measures.
Table 6-2 of the attached AICUZ provides a list of acceptable
manufacturing, trade, transportation, •
recommendedrelated land uses that are acceptable in this zone with noise level
reduction measures. These +
expansive than the land uses that have been adopted under the
Monroe County Future Land Use Map and Zoning designations,
MWEW44- - A77M
July 11, 2011
Page 4
I would like to offer the assistance of Rebecca Jetton to provide technical
assistance to your Planning DiVision and your Citizens Advisory Group regard . ing this
nt that the County moves aggressively to
matter. it is very important to the Departme t to initiate mediation in July of 2012
address this matter to forestall a I requiremen ibility policies.
Department stands ready to assist you in developing your military compati
please telephone Rebecca at 850 922-1766 for any information that is needed.
J. omas Beck, Director
Division of Community Planning
cc: Monroe County Board of Commissioners
Roman Gastesi, County Manager
Christine Hurley, Planning Director
Captain Lefere, NAS Key West
Gail Kenson, NAS Key West
Heather Carruthers, Mayor
July 11, 0'
Page 5
Excerpts from Ch. 2011-1 9, Laws of Florida
163.3175 Legislative findings on compatibility of development with
Military installations; exchange of Information between local governments
and military Installations.--
(5) The commanding officer or his or her designee may provide comments
to the affected local government on the impact such proposed changes may
have on the mission of the military installation. Such comments may include:
(a) If the installation has an airfield, whether such proposed changes will
be Incompatible with the safety and noise standards contained in the Air
Installation Compatible Use Zone (AICUZ) adopted by the military Installation
for that airfield;
(b) Whether such changes are incompatible with the Installation
Environmental Noise Management Program (IENMP) of the United States
Army;
(c) Whether such changes are Incompatible with the landings of a Joint
Land Use Study (JLUS) for the area if one has been completed; and
(d) Whether the military installation's mission will be adversely affected
by the proposed actions of the county or affected local government.
The commanding officer's comments, underlying studies, and reports are not
binding on the local government.
(6) The affected local government shall take into consideration any
comments provided by the commanding officer or his or her designee
pursuant to subsection (4) and must also be sensitive to private property
rights and not be unduly restrictive on those rights. The affected local
government shall forward a copy of any comments regarding comprehensive
plan amendments to the state land planning agency.
(9) If a local government, as required under S. %3.3i77(6)(a), does not
adopt criteria and address compatibility of lands adjacent to or closely
proximate to existing military installations In its future land use plan
element by June 30, 2012, the local government, the military Installation, the
state land planning agency, and other parties as Identified by the regional
planning council, Including, but not limited to, private landowner representatives,
shall enter into mediation conducted pursuant to s. 186.509_ If the
local government comprehensive plan does not contain criteriaAdminladdressti®ning
tra
compatibility by December 31, 2013, the agency may notify the
Commission. The Administration Commission may Impose sanctions
pursuant to s.163.3184(8)(11). Any local govemment that amended its
comprehensive plan to address military installation compatibility requirements
after 2004 and was found to be in compliance is deemed to be in
compliance with this subsection until the local government conducts Its
evaluation and appraisal review pursuant to s. 163.3191 and determines that
amendments are necessary to meet updated general law requirements.
July 11, 1'
Page 6
Monroe County Land Development . •
Sec. 130-121. - Air installation compatible use zones overlay (AICUZ).'
This district provides classificationsof property• existing o
military♦• and regulates uses■ • adjacent,and in the
approach zones of military airports in order to:
(1)Establish the control of obstructions .construction ofstructures!
affecting navigable airspace in accordance with criteria delineated in
volume X1, part 77 in Federal Aviation Regulations, Florida Department
of
Transportation C •: • andthis section;and
(2)Protect military
airports • encroachment, .implement
appropriate noise abatement 1 -. and regulate development •
reduce public exposure Of community activities, which are not
compatible with military airport operations.
S, - . 1 / - for / • 4...
pr�vgitely owned property adjacent to the Naval Air Station, Boca Chica,�.
also known as NAS Key West shall be developed in accordance With
the map prepared by the U.S. Navy known as figure A or as updated
by the U.S. Navy. This map was prepared in conjunction with the
United States Navys Air Installation Compatible Use Zone Study
true copy of figure A is attached hereto and made a part of,
this subse
subsection.(I)The land use objectives set forth in figure A and the accompanying
land use objectives matrix set forth in figure B were determined by,
evaluating the airport operations at NAS Key West, in terms of
composite noise rating (CNR) zones and accident potential zones:
(APZ). -A copy of figure B is attached hereto and made a part of this�
;. ... shown figt�re A and figure i
in determining the allowable land uses for the various AICUZ- EaA_
janshag be used use categorXw!ks evaluated in terms of comp.
accidentnazards, air pollution height obstructions, potential • t
composite noise raUng zones. The evaluation resulted• .
a. No new development;
b. Restricted nedevelopment
c. No restrictions.
(3) Land use categories were rated as "restricted new development'
any actMtY within the category were classified as incompatible. The
various AICUZ are coded as follows:
Accidentpotentialzone A (APZ-A), the most critical
accidentpotential
■
. 133: Accident potential zone B (APZ-B), the area that has aq
identifiable accidentpotential 6�i-lesst-han APZ-A, high noise
impact, CNR •
Accident potential zone B (APZ-B) the area'has an,
noiseidentifiable accident potential but less than APZ-A, moderate
•. •
Accidentpotential z•
critical
high noise impact,
e. C2: Accident potential zone C, moderate noise impact, CNR
f. Cj: Accident potential zone C, low noise impact, CNR zone 1;
g. CI No accident potential zone; high ndise impact CNR zonal
f'
h. C2: No accident potential zone, moderate noise impact, CNFC
p p1 r
Figures A and B referenced in this section are not Set out herein.
July 11, 2011
Page 8
Chapter 380.05, F.S.
ri%-An��80.ddevqion.ment
so that local government is able to achieve these objectives without
continuing the continuation of the area of critical state concern designation.
(b) Protecting shoreline and marine resources, including mangroves, coral reef
formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands,
native tropical vegetation (for example, hardwood hammocks and pinelands), dune
ridges and beaches, wildlife, and their habitat.
(d) Ensuflfig the maximum well-being of the Florida Keys and its Citizens through soun-1
economic development.
(e) Limiting the adverse impacts of development on the quality of water throughout the
Florida Keys.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
environment, and ensuring ensure that development is compatible
with the unique historic character of the Florida Keys.
(g) Protecting the historical heritage of the Flodda Keys.
(h) Protecting the value, efficiency, cost effectiveness, and amortized life of eAsting
and proposed major public investments, includinI
The Florida Keys Aqueduct and water supply facilities; Sewage collection, treatment
and disposal facilities; Solid waste treatment, collection, and disposal facilities;
Federal parks, Wildlife refuges, and marine sanctuaries;
, and other publicly owned properties'
City electric service and the Florida Keys Electric Co. and other utilities, as apProPhate-
; A- - icftAa fogrthe construction, opW9
-A.rTe 0
L -my
.JM -
46
R-61 1
ri 11171 M. M
by directing growth to areas served by CS s ell TaUIIUIVCVM-
perrnh allocation systerns.
(k)) Limiting To limit the adverse impacts of public investments on the environmental
resources of the Florida Keys.
(1)) Making To make available adequate affordable housing for all sectors of the
population of the Florida Keys.
(m) Providing To provide adequate a Itematives for the protection of public safety and
welfare in the event of a natural or manmade disaster and for a post disaster
reconstruction plan.
(n) Protecting To protect the public health, safety, and Florida Keys as a unique Florida
resource.
E
M®n>rae C®un
--Millie Cam ati fity
Comer henslve lan 101.4.14 Tis to provide for federally owned
The Principal purpose of the Military land use category P
Policy �S, Development densitle5 and intensities are n� subject to regulation by
sities and
lands used for military pure
.Military commanders will be requested to follow resource constraints asmmended � e!l as all
Monroe County 1 �$ 4 Z2, consistent with natural
intensities as specified in Policy
environmentsl design criteria. County gory is to prohibit the
Polic • 101.4.16 The principal purpose of the Airport District land use cats
}
t of residential. educational or other uses �vl'ii d military ha rports.aracterized b} the regular Presence o
development of cr�'tl an
large numbers of people Nvidrtn the hazard areasplanning of federal and state
policy 104.4A Monroe Count)'
shall increase its participation in the resource
onroe
rop
owned parks,
wildlife refuges, military installations and othe�staterforpthese aeeasMevaluateo
shall review resource Plans, development plans and master p prepared reties. 9J-5.006(3)(c)$1
impacts on historic resources, and submit comments to the appropMate ag [ • h the lens of the
t p
ion prepared
objective 5013 Monroe County shall coordinate all
resource planning and iation or related cmanagement p P P
Federal Aviation Adininistratiort, military services.roved by the Governor and Cabinet. the Florida
pursuant to Chapter 390• Florida Statutes and app
Transportation 5-Year Plan, and the Continuing Florida Aviation System Planning process
Departmerrt of Po
as adopted. [9J-5•009(3)(b)3] West airport with
shall coordinate expansions and operation of the Key
policy SQI.5.4 Monroe County
the U.S. Navy. reservation
1,5,5 Monroe County shall seen joint use of the � Chita Naval Air Station or its p
policy
50 rate the
as a public airport if the LI.S, Navy ceases to opt and/or Public
through the Planning Department, Land Authority Potential for
Policy 1Z01.831vlonme Count}, and community parks.
Maintenance staff, shall continue to coordi source based neighborhood Pbd and co the it
Facilities
use of Navy -owned lands for activity -based an or rtshall
lions: the County shall encourage the construction of rw recreational facilities on av}-
Through negotiations,
ilities proposed for use b}• County residents. if
e County
owned lands, and shall strive to secure the use oeneNv ��acilit'p for County' residents. and 5
also review and comment on the Plans for any n
necessary, the Count` shall enter into an inteelocal agreement with the U.S. Na��'• [9J-5.014(3xc)2
Monroe County shall coordinate all aviation or related facilities With
the plans
prepared
Policy 13p1.45 M services, resource planning and manag a Florida
Federal Aviation Administration, military the Governor and Cabinet, th
pursuant to Chapter 390, Florida Statutes and approvedby
roes Ration 5-Year Plan, and the Continuing Florida Aviation System Planning process
Department of T Po
as adopted. [9'-5.015(3)(b)3] West airport with
Policy
1301.4.8 Monroe County shall coordinate expansions and operation of the Key
the U.S. Navy.
I
MILITARY INFLUENCE AREAS
COMP EH SIVE PLAN PO
(Compiled by NN'B: last updated 3110009)
Y COUNTY
Folic} 3.12.3 The County shall notify notify the commanding officers (or their appointed
r presentati%es) of Tyndall Air Force Base and !a%al Support Activity Panama City of
any development proposals which meet or exceed the standards provided in Chapters 17
and 18 of the Bay County Land Development Regulations which are proposed within
one -quarter mile of said facilities and shall consider
oi rrtheir input and concerns during its
review of such development proposals.
[`OTE: ORC objection that one -quarter miles is too small and not based on any data and
analysis.) ,
BRADFORD COUNTY
(Aemendmrni a-• I1:R. r)rJtnanec 06.34. 1p'19.?n%)
Objective 1.13 The Count}` shall assist in maintaining the current and long term viability
eoordnatin'tth Camp Blanding Joint
of the Camp Blanding Joint Training Center by g
Training Center so that development Within the Camp Blanding Military
c� Zone as the current and
depicted on the future [.and Use Plan Map %gill minimize the imps
long term uses of the Camp Blanding Joint Training Center.
\OTE: The CBtlz is generally three (3) miles «idea
BREVARD COUNTY
1,%&poed h} ordiciance 118-31 I'll28 Og: amendment n8.1) .
Polio. 161 Brevard County shall transmit to the Commanding Officer of PAFB
information relating to proposed changes to the Comprehensive Plan, plan amendments,
ffect
and proposed changes to land development gt lations lewd south cif the Pinif reda Causeway.
the density, intensity or use of land on ,
ESCM IA COUNTY
(Addr4ed b t)rJinwt:c: M44s on t2.9•n4: Amendment 04-N11.0
J
Policy 7.A•9.1: Crea Airiiefd !nfluencs P1a.�ning Distrl s
1 p nsi n;s riC ' n and land use ulations to mainlain corn atibilit with
airfield o eralio s aand
3 ReQuired dedication of avi a!:on easements to the count for subdivision
aaoro vat_ and buildin rmit issuanc nd y
q, Re aired sound attenuation of bui'din with the Ievel of nd mteclio
based on noise ex are and
5. Re air dis osure for real esta a transfers.
2. Re d edication f av' a::on ea,, m nls to 1 e -111i)unty. for subidlyan
app )v^l and building ermi: issuanc_ : a_rx1
b�s�noise ex sera• a7
q. Re it d disclosure for real eslale tr nsf rs• and
7
i
HIGHLANDS COUNTY
{:Wapte3 b) t)rdinanee o5-116-53 an 9,13 06. Amendruni 06-1)
Pulicw 1;.1 MILITARY AIRPORT ZONES (%,IAZ)
A. Land development Regulations will be adopted to implement the funding of a
Joint Land Use Study (JI:,LUS). Upon completion of the Joint Land Use Study
(JLUS), the County will consider adopting ainendments for the follo%N ing:
The County will establish Military Airport Zones (htAZ) that Will serve as
overlay districts. within N%liich gro%th management policies and regulatory
techniques shall guide land use activities and construction in a manner
compatible With the long-term Viability of airports and military installations
and the protection of public health and safety.
will encompass all Air
B. For Anon Part Air Force Range. the NIAZ Use Zones (.�L1CUZ) boundaries
e c
Installation Compatible ones adopted by the
military installation.
C. M AZ boundaries will appear on the Future Land Use Map Series. .
HOMESTEAD
(proposed OS-31:R. ()RC tau obju:t ons) Issued on 11, IO 091
Policy 13.1 Adopt the Elomestead Air Resen'e Base Military Zone (HARBMZ) as an
overlay of the Future Laird Use Map. The HARBMZ is to consist of a series of sub -areas
of geographic concern around the HARB: including noise contours of 65 DNL or higher,
Clear Zones, accident Potential Zones 1 and accident Potential Zones 11,
JACK VLL- L COUNTY
(AdkIptej M OrJin.."cr 3008-M-F on 9 23. tag. Am,-ndment 08-3Ra)
Transportation Element Definitions:
Military Influence Zones:
Kno`%n as :airport Notice Zones in the Land Development Regulations. They encompass
all lands within accident potential zones, the light regulation zone (OLF !1'hitehouse
only). the 60-64.99 DNL noise contour. and the one hundred fi[� t 1 �D} foot Height and
S 1,-mard Zone or inner horizontal and conical surface zones as shown on !Sap L-222 Nvithin
the Future Land Use Element. They apply to NAS Jacksonville. NS Mayport and OLF
Whitehouse.
M
LAKE COUNTY
(draft approved by LPA on 1130/2009)
Policy 6.4.2 Area of Influence
The County hereby establishes those portions of Lake County underlying the Range
including areas within the Ocala National Forest. as an Overlay District in the Future
Land Use flap Series. The Pinecastle MOA Overlay District (Pinecastle MOA) shall be
depietcd in the Future Land Use map Series. The Pinecastle MOA is the area of the
County ,,ithin which review comments on proposed Comprehensive Plan amendments,
proposed Land Development Regulations chang, s, development orders and permits well
besought front the Military'. Within the Pinecastle NIOA. the County will apply growth
management policies And regulatory techniques to guide land use activities and
construction in a manner compatible with the long-term Viability of the facility and the
protection of public health and'safety.
MARION COUNTY
(Propowd ,lmcndm it 06-L ORC {no obje.::=anst is=:aed an 7 to qb)
Policv 7.2: The County shall ensure that future development within the adopted Militay
Operating :area will not negatively impact current and long-term use of the military
-welfare by limiting incompatible [and uses, and
installation. will promote health and
alIow compatible land uses within such areas.
a. A Military Operating Area shall be established as an overlay district, around
existing military installations to include the following: ....[Palatka l and 2
.%iOAs]
MEXICO BEACH
(.1dtpt,,d b; tkdinanccs No. =)2 and 313 Or 12 :: J-xs nOl .tJJr�°ss entire city: �m6nJmtnl t16-t t
Policy' l.l.s(B): The folho«ing sub -area policies shall apply to the 550-acre property
rererenced in the comprehensive plan amendment which Nvas adopted by the City through
Ordinance 4513 on September 12.2006:...
OKALOOSA COUNTY
(.IJoptcd by OrJinancc 0344 on 9.16,20..•1=r!:n�mi 034 )
Policy 13.1: There is hereby established the " Eglin AFB North Encroachment Protection
Zone" (E\EPZ) as a special overlay zone on the Future Land Use Map (FLW The
area included in the ENEPZ shall be all lands and waters situated between interstate 10
south to the northern boundary of Eglin ?,FB.
try
PARKER
(Mkipled b-, Ordinjr.cc 07-316on 5129,07. Arner..rn n147-R1)
Policy 1.1.7: The City shall incorporate by reference the then current version of Air
Installation Compatible Use Zone (AICUZ) map for Tyndall Air Force Base as an
overlay on the Future Land Use Map.
PUTNAM COUNTY
(1'n,po> .ed AmcnJinvnt �1`-t�tl: ORC (objections) Is wJ 11'211)7)
Policy A.1.10.6: The County shall ensure that future development within areas of
Restricted Airspace, as shown on the FLUM.. will not negatively impact current and long-
term use of existing military installations in or near Putnam County, will promote health
and -welfare by limiting incompatible land uses, and allow compatible land uses within
the designated area in the following manner:
a. The County shall review proposed changes to the Comprehensive Plan, plan
amendments and proposed changes to land development regulations within the Military
Operating Area of the Jacksonville Bombing Range Complex as shown on the FLUmi ,
associated areas of Restricted Airspace near bombing ranges as shown on the FLUM, and
the Restricted airspace associated with Camp Blanding as shown on the FLUM, for
compatibility with the current and long-term viability of the existing military facilities.
:ill such land use requests shall be referred to the designated military officials for review
and comment.
SANTA ROSACOUNTY
t.\dnpud by !..inane N05-115 on 3 311113: Amendment 05-NIU
Policy 3.3.A. i s The County hereby establishes militay airport zones (MAZ) and public
airport zones (PAZ) that will serve as overlay districts, within which growth management
policies and regulator' techniques shall guide land use activities and construction in a
manner compatible with the long-term viability of airports and military installations and
the protection of public health and safety.
For Naval Air Station Whiting Field forth and South, and for Naval Outlying Landing
Fields Spencer. Harold. Santa Rosa, Holley, and Pact. the )MAZ boundaries extend
approximately one half mile from the perimeter of each airfield and encompass all Air
Installation Compatible Use Zones (AICUZ) and noise zones. For NOLF Choctaw, hLAZ
boundaries encontpsss that area west of State Road 87, north and east of East Bay, and
south of the Yellow River.
For Peter Prince :airport. the PAZ boundaries extend ne half mile from the runway.
0
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS APPROVING A REQUEST OF THE MONROE COUNTY
PLANNING DEPARTMENT TO AMEND THE MONROE COUNTY LAND
DEVELOPMENT REGULATIONS BY AMENDING SECTION 9.5-252(C)(3)h.
(AICUZ) AND CREATING SECTION 9.5-258 THAT SPECIFIES RESTRICTIONS
ON PRIVATE PROPERTY ADJACENT TO THE NAVAL AIR STATION, BOCA
CHICA; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 15, 1977, the Department of the Navy approved the Air
Installations Compatible Use Zones (AICUZ) Plan for the Naval Air Station, Key West,
Florida; and
WHEREAS, on July 5, 1989, the BOCC adopted Ordinance 019-1989 adding the
Naval AICUZ requirements to the Monroe County Land Development Regulations, and
WHEREAS, the proposed amendment is primarily administrative, moving the
AICUZ from the airport section to the overlay section of the LDR's; and
WHEREAS, in reviewing the original ordinance it was discovered that the text of
the amendment contained errors and did not accurately reflect the matrix (Exhibit B); and
WHEREAS, the original ordinance, with the errors, was adopted in 1989 and;
WHEREAS, the errors have been corrected in the proposed new text, and
WHEREAS, this proposed amendment was reviewed and approved at a regular
meeting of the Monroe County Development Review Committee on January 13, 2003;
and
WHEREAS, during a regular meeting held on April 9, 2003 the Monroe County
Planning Commission conducted a public hearing on the proposed text, reviewed the
recommendations of staff, received testimony from the Navy Department; and
WHEREAS, the Planning Commission after reviewing the staff report voted to
recommend the amendment to Sec. 9.5-4 (A-5) to the Board of County Commissioners;
and
WHEREAS, the Board of County Commissioners finds that there is a need to
make the changes outlined above; and
HAPlanninglWorking FolderslGross-Fred1AICULSOCC ORD .doe
WHEREAS, the Board of County Commissioners finds that the proposed changes
are consistent with Section 9.5-511(e) Typographical or Drafting Errors; and
WHEREAS, the Board of County Commissioners find that the proposed changes
are consistent with the goals of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, on May 21,2003, the first of two required Board of County
Commissioners public hearings was held; and
WHEREAS, it is the desire of the Monroe County Board of County
Commissioners that the following amendment to the County Code be adopted;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section I. Section 9.5-252 Airport District (AD), Monroe County Code, is hereby
amended as follows:
Sec. 9.5-252. Airport District (AD)
(a) These districts provide classifications of property for existing or future
airports and regulate uses within the boundaries of public and private airports,
and uses around, adjacent, and in the approach zones of public and private
airports in order to:...........
Sec. 9.5-252.(c)(3)
Section 2. the following Section is hereby added:
Sec. 9.5-25. AICUZ OVERLAY
(a) This district provides classifications of property for existing or future military
airports and regulates uses around, adjacent, and in the approach zones of military
airports in order to:
(1) Establish the control of obstructions and construction of structures affecting
navigable airspace in accordance with criteria delineated in volume X1, part
77 in federal aviation regulations, Florida Department of Transportation
regulations, and this section; and
(2) Protect military airports against encroachment, to implement appropriate
noise abatement strategies, and to regulate development and reduce public
exposure of community activities, which are not compatible with military
airport operations.
HAPIanninglWorking Folders\Gross-FreMA1CUMOCC ORD A=
a. Restrictions for military airports: Privately owned property
adjacent to the Naval Air Station, Boca Chica, also known as NAS
Key West, shall be developed in accordance with the map prepared
by the U.S. Navy known as figure A or as updated by the U.S.
Navy. This map was prepared in conjunction with the United
States Navy's Air installation Compatible Use Zone Study
(AICUZ). A true copy of figure A is attached hereto and made a
part of this subsection.
1. The land use objectives set forth in figure A and the
accompanying land use objectives matrix set forth in figure B
were determined by evaluating the airport operations at NAS
Key West, in terms of composite noise rating (CNR) zones
and accident potential zones (APZ). A copy of figure B is
attached hereto and made a part of this subsection.
2. The land use objective shown in figure A and figure B shall be
used in determining the allowable land uses for the various
AICUZ. Each land use category was evaluated in terms of
compatibility for each land use in terms of density of
population, density of structures, explosion hazards, air
pollution height obstructions, accident potential zones, and
composite noise rating zones. The evaluation resulted in
ratings of:
i. No new development; and
ii. Restricted new development; and
iii. No restrictions.
3. Land use categories were rated as restricted new development"
if any activity or activities within the category were classified
as incompatible. The various AICUZ are coded as follows:
i. A: Accident potential zone A (APZ-A), the most
critical accident potential zone; and
ii. B3: Accident potential zone B (APZ-B), the area
which has an identifiable accident potential but less
than APZ-A, high noise impact, CNR zone 3; and
iii. B2: Accident potential zone B (APZ-B) the area has
an identifiable accident potential but less than APZ-
A, moderate noise impact, CNR zone 2; and
iv. C3: Accident potential zone C (APZ-C), the area
which is less critical than APZ-B but still may
possess potential for accidents; high noise impact,
CNR zone 3; and
V. C2: Accident potential zone C, moderate noise
Page 3 of 5
HAPlanninglWorking FoldemXGross-Fred1AICUMBOCC ORD Am
impact, CNR zone 2; and
vi. Cl: Accident potential zone C, low noise impact,
CNR zone 1; and
vii. 3: No accident potential zone; high noise impact,
CNR zone 3; and
viii. 2: No accident potential zone, moderate noise
impact, CNR zone 2.
Section 3. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 4. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 5. This ordinance shall be filed in the Office of the Secretary of State of the
State of Florida, but shall not become effective until a notice is issued by the Department
of Community Affairs or Administration Commission finding the amendment in
compliance with Chapter 163, Florida Statutes.
(This page has been intentionally left blank)
HAPlanninglworking Fo1derslGross-FredW1CUZIB0CC ORD .doe
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 15d' day of Iuly , A.D., 2003.
(SEAL)
Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson yes
Commissioner Charles "Sonny" McCoy YpR
Commissioner George Neugent _ yes____
Commissioner David Rice yes _
BOARD OF COUNTY COMMISSIONERS
OF MONR.OE COUNTY, FLORIDA
Z14� 6; >,; 12 j
"4u/�
BY
Mayor Dixie Spehar
m
c
C7
CD
"�'�....
W
COUNTYMONROE f.
O-
Page 5 of 5
HAPlanninglWorking Folders\Gross^FredWICUMSOCC ORD .doe
""A"
E
iF
N
NR
RESIDENTIAL - MOBILE MOWS
RESIDENTIAL - AGRICULTURAL
RESIDENTIAL DENSITY (1-4 DU/A)_____
RESIDENTIAL - MEDIUM DENSITY 6-12 OUTA)
RESIDENTIAL - NIGN DENSITY (.I2-ffiG OVIA)
COMMERCIAL - RESORT
ComWRCIAL • RETAIL
COMMERCIAL - WHOLESALE
WE
INSTITUTIONAL - EDUCATIONAL
INSTITUTIONAL - MEDICAL
INDUSTRY SERVICE
INDUSTRY • MANUFACTURING
INDUSTRY - EXTRACTIVE
TRANSPORTATIONIUTILITIES
AGRICULTURAL (EXCEPT LIVESTOCK)
RECREATION - GOLF
RECREATION SPORTS ARENA
RECREATION - PARKS
RECREATION - WATER
RgelgATION• CONCERT
FORESTS. WILDLIFE NA®ITATS
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 28%4027
FAX OM 2WI745
Mi 1'
• !
MONROE COUNTY COURTHOUSE
5W W) IITEHEAD STREET, SUITE 101
KEY WEST FLORIDA 33040
TEL. (305) 292-35N
FAX (305) 295-3663
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Dear Mrs. Cloud,
July 30, 2003
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL (305) 857r7145
FAX (305) 852-7146
V:a Cer fed Mail 7002 2030 0001 2668 8139
Enclosed please find certified copies of the following:
(� Ordinance No. (030-2003 am�//�����e]]�ndiing Section 9y,5-�4(A�/55)), (iM-�6.2) and
[� (M-p1�0), [Section
9.5-122(c) and Section 9.5-266 (a), \-), (c), (d), (e), (f), \0), \ ), (1), 0) and (k) Monroe County
Code; providing for a revised definition of Affordable Housing; providing for an adjustable
m sales price for Affordable Housing; to amend applicant eligibility requirements;
providing for linkage of Affordable Housing Projects; providing for an Affordable Housiq Trust
Fund; providing for Community Housing Development Organizations; providing for Interiocal
Affordable Housing Rate of Growth AllocationAgreements; providing for severability; providing
for repeal of inconsistent provisions; providing for incorporation into the Monroe County Code of
Ordfimces when effective; and providing for an effective date.
Ordinance No. 031-2003 approving a request of the Monroe County Planning Department
to amend the Monroe County Land Development Regulations by amending Section
9.5-252(C)(3)h. (AICUZ) and creating Section 9.5-258 that specifies restrictions on private
property adjacent to the Naval Air Station, Boca Chica, providing for repeal of all Ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances;
and providing for an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on July 15, 2003. Please file for record.
Ordinance Nos. 030 & 031-2003
July 30, 2003
Should you have any questions please feel free to contact me at (305) 292-3550.
Danny L. xolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Co 'ssioners
by: 11
Pamela G. Hancock, D.C.
Administratorcc: County t
Growth
AttorneyCounty
9992 TOCC DE02 2004
�CID
Wril
!
STATE OF FLORIDA
DEPARTMENT OF STATE
JEB BUSH
Governor
August 6, 2003
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
GLENDA E. HOOD
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated July 30, 2003 and certified copies of Monroe County
Ordinance Nos. 030 and 031-2003, which were filed in this office on August 1, 2003.
Sincerely,
t
Liz Cloud
Program Administrator
LC/mp
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BUREAU OF ADMINISTRATIVE CODE • DIVISION OF ELECTIONS
The Collins Building, Room L43 • 107 W. Gaines Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile. (850) 245-6282 • : http:/1www.dos.state.fi.us
E-Mail: DivE1ecdons@ma1 do&state.,jEus
4 is •',. i • 1 9.
STATE OF • 'pia
COMMUNITYDEPARTMENT OF '
in • '• • •`
REGULATI ONS
_
MONROE COUNTY ORDINANCE NO 031-2003
FINAL 1 `P
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to §§ 380.05(6) and (11), Fla. Stat., and § 380.0552(9), Fla. Slat. (2002), approving a
land development regulation adopted by a local government within the Florida Keys Area of
Critical State Concern as set forth below.
1. The Florida Keys Area is a statutorily designated area of critical state concern, and
Monroe County is a local government within the Florida Keys Area.
2. On August 07, 2003, the Department received for review Monroe County Ordinance
No. 031-2003 which was adopted by the Monroe County Board of County Commissioners on
July 15, 2003 ("Ord. 031-2003"). The purpose of Ord. 031-2003 is primarily administrative,
moving the Air Installation Compatibility Use Zones (AICUZ) regulations from the Airport
section of the Monroe County Land Development Regulations (LDRs) to the Overlay section of
3. Ord. 031-2003 is consistent with the County's 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
4, The Department is required to approve or reject land development regulations that are
enacted, amended or rescinded by any local government in the Florida Keys Area of Critical
State Concern. §§ 380.05(6) and (11), Fla. Stat., and § 380.0552(9), Fla. Stat. (2002).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. § 380.0552, Fla. Stat. (2002) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
. I 1
Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development of land. § 380.031(8), Fla. Stat. (2002). The
regulations adopted by Ord. 031-2003 are land development regulations.
7. All land development regulations enacted, amended or rescinded within an area of
critical state concern must be consistent with the Principles for Guiding Development (the
"Principleel as set forth in § 380.0552(7), Fla. Stat. See Rathkamp v. Department of
Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), affd, 740 So. 2d 1209 (Fla. 3d DCA
1999). The Principles are construed as a whole and no specific provision is construed or applied
in isolation from the other provisions.
8. Ord. 031-2003 promotes and furthers the following Principles:
(a) To strengthen local government capabilities for managing land
use and development so that local government is able to achieve
these objectives without the continuation of the area of critical
state concern designation.
(h) To protect the value, efficiency, cost-effectiveness, and
amortized life of existing and proposed major public investments,
including:
4. Key West Naval Air Station and other military facilities;
9. Ord. 031-2003 is consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 031-2003 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative Weekly
unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
Div ion of Community P ng
artment of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION, DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENTS ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(l ), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING. YOU • PETITION WITFJ-
THE
ORDER.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true orrect copies have been furnished
to the persons listed below by the method indicated this vday of September 2003.
ka Ford, Agency Cl
By U.S. Mail: W
Honorable Dixie Spehar
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or InteragencYMail:
Jim Quinn, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
David Jordan, Deputy General Counsel, DCA Tallahassee
Timothy E. Dennis, Assistant General Counsel, DCA Tallahassee
MUM
Belle Desantis
From. `info@municode.comy
To: <idesantismonroe-clerk.com>
Sent, Tuesday, November 18, 2003 8:22 AM
Subject: Acknowledgment of material received
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Murdelpal coda Corporatlon
P.O. Box 2235
TaAahasaa•,FL 32316-2235
850-576-3171
Monroe County, FL Code of
Ordinances - 1979(11270)
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Recorded: 1012112003
Ordinance ;6/18/2003
Amending Sec. 9. 5-268 (Existing Residential'
,No. 026-
Dwellings)to permit residential structures
;to be considered as legal residential
Ordinance
3
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Ordinance
.7/15/200
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Ordinance
9/17/2003
Amending Sec. 6-56(19)Monroe County
o / •
• 4 • `, adding a subclassification• c
2003
establishing a landscaping curb contractor
,Ordinance
110/15/2003[Amending
Sec. 9.5-309 and Sec. 9.5-367,
11/18/2003