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Item X2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Mav 21. 2003 Division: Growth Management Bulk Item: Yes No x Department: Planning Deoartment AGENDA ITEM WORDING: A public hearing to adopt an ordinance by amending Sec. 9.5-252, Airport District (AD), (c)(3) h. (AICUZ) and creation of Sec. 9.5-258. AICUZ OVERLAY of the Monroe County Land Development Regulations. ITEM BACKGROUND: 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. The plan details standards for achieving compatible uses of land areas within the AICUZ area. On July 5, 1989, the BOCC adopted Ordinance 019-1989. This Ordinance added the Naval AICUZ requirements to the Monroe County Land Development Regulations. The proposed amendment is primarily administrative, moving the ACUZ from the airport zone to the overlay section of the LDRs. 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). The original ordinance, with the errors, was adopted in 1989. The errors have been corrected in the proposed new text. This proposed amendment was reviewed and approved at a regular meeting of the Monroe County Development Review Committee on January 13, 2003. This amendment was reviewed and approved at a public hearing of the Monroe County Planning Commission on April 9, 2003. PREVIOUS RELEVANT BOCC ACTION: On July 5, 1989, the BOCC adopted Ordinance 019- 1989. This Ordinance added the Naval AICUZ requirements to the Monroe County Land Development Regulations. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/ A SOURCE OF FUNDS: ~ REVENUE PRODUCING: Yes ~ No AMOUNT PER MONTH~ Year APPROVED BY: County Atty X Risk Management _ DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow DISPOSITION: AGENDA ITEM #~ Revised 1/03 i (\ , J. \ .... \ AMENDMENT TO THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS Board of County Commissioners Key Largo, Florida May 21, 2003 PROPOSED AMENDMENT TO MONROE COUNTY LAND DEVELOPMENT REGULATIONS A request filed by the Monroe County Planning Commission to amend the Monroe County Land Development Regulations by amending Sec. 9.5-252. AIPORT DISTRICT (AD). (C)(3)h.(AICUZ) and inclusion of Sec. 9.5-258 AICUZ OVERLAY. Land Development Regulations text amendment Staff Approval February 5, 2003 January 13, 2003 April 9,2003 Staff Report DRC Approval Resolution #D03-03 PC Approval Resolution #P23-03 BOCC STAFF REPORT MEMORANDUM TO: Monroe County Board of County Commissioners FROM: Fred Gross, Director of Lower Keys Planning Team SUBJECT: Amendment to Sec. 9.5-252. Airport District (AD). (c)(3)h. (AICUZ) and inclusion of Sec. 9.5-258. AICUZ OVERLAY DATE: April 17, 2003 I. Background: 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. The plan details standards for achieving compatible uses of land areas within the AICUZ area. Within the AICUZ area, there are 3 Accident Potential Zones (A, B, and C). In these Accident Potential Zones, no new residential uses are to be permitted. Additionally, there are 2 high noise zones (CNR 3, and CNR 2). In CNR 2 zones, new residential development is permitted provided noise attenuation measures are taken. However in CNR 3 zones, no new residential development is permitted even with noise attenuation. It should be noted that, in 1977, when these restrictions were applied, insulating materials and noise attenuation methods were not as sophisticated or as effective as they are today. Upon completion of the AICUZ Study and the adoption by the County of the AICUZ overlay district, the Department of the Navy purchased most, but not all, of the residentially zoned property in the CNR 3 AICUZ districts. On July 5, 1989, the BOCC adopted Ordinance 019-1989. This Ordinance added the Naval AICUZ requirements to the Monroe County Land Development Regulations. In anticipation of the adoption of the AICUZ Ordinance, the Department of the Navy purchased most of the residentially zoned lots within the zone. However, privately owned residentially zoned parcels still remained in CNR 3 AICUZ overlay zones. While most of these lots are developed, there remained a number of undeveloped lots where the owners have expressed a desire to construct a new residence. Page 1 of 6 W:\Planning\Working Folders\Gross-Fred\AICUZ\BOCC Staff Report.doc In the existing LOR's, the issuance of residential building permits within the CNR 2 AICUZ overlay zone requires only that conditions addressing sound attenuation be met. However, under no circumstance may we issue any residential building permit in the CNR 3 AICUZ overlay zone. The result is that the privately owned residentially zoned parcels cannot be developed and a "taking" of the property may have occurred. Such a determination would require the County to financially compensate the owners. This proposed amendment was reviewed and approved at a regular meeting of the Monroe County Development Review Committee on January 13, 2003. The proposed amendment to the AICUZ was presented to the Planning Commission on February 12, 2003. At that meeting the Planning Commission had no issues with the revisions in the LOR's which intends to add the AICUZ Map and the Land Use Objectives Matrix to Sec. 9.5-258. The Commission however, after hearing testimony from the Navy, voted to delete the amended portion of the text that would permit residential uses to be developed in the CNR-3 zone (high noise zone). The Navy expressed concern that the permitting of new residential development in the CNR-3 zone would limit their ability to fulfill their mission at the Air Station. The proposed amendment has been modified to address the Commission's concerns. The proposed amendment is primarily administrative, moving the ACUZ from the airport zone to the overlay section of the LDRs. 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). The original ordinance, with the errors, was adopted in 1989. The errors have been corrected in the proposed new text. This amendment was reviewed and approved at a public hearing of the Monroe County Planning Commission on April 9, 2003. II. ANALYSIS AND FINDINGS OF FACT 1. The Commission finds that land use regulations within an Airport District should be confined to on-airport development. Regulations that direct off-airport development are more appropriately located in a discrete overlay section of the Code. Page 2 of 6 W:\Planning\Working Folders\Gross-Fred\AICUZ\BOCC Staff Report.doc 2. The Commission finds that the proposed changes are consistent with Section 9.S-S11(d)(S) b. (iv) New Issues and (v) Recognition of a need for additional detail or comprehensiveness. 3. The Commission finds that the proposed changes are consistent with the goals of the Monroe County Year 2010 Comprehensive Plan. III. PROPOSED AMENDMENT 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, ;:md milit~r'f airports in order to: ........... Sec.9.5-252.(c)(3) h. DC,.I-"';CI-;OFl" 1:.0- D::I;J;I-..".v a;"'no~'" rr'I"~"el" o'''ne~ " J..., T 1..1 , J n, , , "" r:t;J, T ",.,, L.:J. y 1: T .. tJ property ~dj~cent to the N~v~1 Air St~tion, Boca Chic~, ~Iso known ~s NAS Key 'Nest, sh~1I be developed in ~ccord~nce '/lith the m~p prep~red by the U.S. N~vy known ~s figure A or ~s upd~ted by the U.S. N~v'(. This m~p w~s prep~red in conjunction 'Nith the United St~tes N~v"'s Air Inst~ll~tion Comp~tible Use lone Study (AICUl). A true copy of figure A is ~tt~ched hereto ~nd m~de ~ p~rt of this subsection. (i) The I~nd use objectives set forth in figure A ~nd the ~ccomp~nying I~nd use objectives m~trix set forth in figure B were determined by ev~lu~ting the ~irport oper~tions ~t NAS Key 'Nest, in terms of composite noise r~ting (CNR) zones ~nd ~ccident potenti~1 zones (Arl). A copy of figure B is ~tt~ched hereto ~nd m~de ~ p~rt of this subsection. (ii) The I~nd use objective shown in figure A ~nd figure B sh~1I be used in determining the ~lIow~ble I~nd uses for the v~rious AICUZ. E~ch I~nd use c~tegor'f 'N~S ev~lu~ted in terms of comp~tibility for e~ch I~nd use in terms of density of. popul~tion, density of structures, Page 3 of 6 W:\Planning\Working Folders\Gross-Fred\AICUZ\BOCC Staff Report.doc - explosion h~z~rds, ~ir pollution height obstructions, ~ccident potenti~1 zones, ~nd composite noise r~ting zones. The ev~lu~tion resulted in r~tings of: 1. No new development; 2. Restricted new development; ~nd 3. No restrictions. CHi) L~nd use c~tegories .....ere r~ted ~s "restricted new development" if ~ny ~ctivit)' or ~ctivities "....ithin the c~tegory were cl~ssified ~s incomp~tible. The "~rious AICUl ~re coded ~s follows: 1. Accident potenti~1 zone A CArl A), the most critic~1 ~ccident potenti~1 zone; 2. B3: Accident potenti~1 zone B CArl B), the ~re~ which h~s ~n identifi~ble ~ccident potenti~1 but less th~n Arl A; 3. B2: Accident potenti~1 zone C CArl C), the ~re~ \',hich is less critic~1 th~n Arl C but still m~y possess potenti~1 for ~ccidents; high noise imp~ct, CNR zone 37- 4. C2: Accident potenti~1 zone C, moder~te noise imp~ct, CNR zone 2; S. C1: Accident potenti~1 zone C, 10':" noise imp~ct, CNR zone 1; 6. 3: High noise imp~ct, CNR zone 3; 7. 2: No ~ccident potenti~1 zone, moder~te noise imp~ct, CNR zone 2. Sec. 9.5-258. AICUZ OVERLAY (8) 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 Page 4 of 6 W:\Planning\Working Folders\Gross-Fred\AICUZ\BOCC Staff Report.doc criteria delineated in volume XI. Dart 77 in federal aviation regulations, Florida Deoartment of Transoortation regulations, and this section: and (2) Protect military airoorts against encroachment, to imolement aoorooriate noise abatement strategies, and to regulate development and reduce public exoosure of communitv activities, which are not compatible with military airoort ooerations. a. Restrictions for military airDorts: Privatelv owned property adjacent to the Naval Air Station, Boca Chica, also known as NAS Key West, shall be developed in accordance with the map oreoared b~ the U.S. Navy known as fioure A or as uodated by the U.S. Navy. This mao was oreoared in conjunction with the United States Navy's Air Installation Comoatible Use Zone Study (AICUZ). A true copy of figure A is attached hereto and made a Dart of this subsection. 1. The land use objectives set forth in fioure A and the accompanying land use objectives matrix set forth in figure B were determined by evaluating the airport ooerations at NAS Key West, in terms of comoosite noise rating (CNR) zones and accident ootential zones (APZ). A CoOY of fioure B is attached hereto and made a Dart of this subsection. 2. The land use objective shown in figure A and figure B shall be used in determinino the allowable land uses for the various AICUZ. Each land use cateoory was evaluated in terms of compatibility for each land use in terms of density of oooulation, density of structures, explosion hazards, air oollution height obstructions, accident ootential zones, and comoosite noise rating zones. The evaluation resulted in ratings of: i. No new develooment: and ii. Restricted new develooment: and Hi. No restrictions. Page 5 of 6 W:\Planning\Working Folders\Gross-Fred\AICUZ\BOCC Staff Report.doc - 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, hiah noise imoact, CNR zone 3; and iii. B2: Accident ootential zone B (APZ- B) the area has an identifiable accident ootential but less than APZ- A, moderate noise imoact, 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; hiqh noise impact, CNR zone 3; and v. C2: Accident potential zone C, moderate noise impact, CNR zone 2; and vi. Cl: Accident potential zone C, low noise impact, CNR zone 1; and vii. 3: No accident ootential zone: hiqh noise impact, CNR zone 3; and viii. 2: No accident potential zone, moderate noise impact, CNR zone 2. . Underlined text is new. Strikethrough text is deleted. . Bold italic text is text correcting the original errors. IV. RECOMMENDATIONS Based on the findings of fact above, the Commission recommends APPROVAL of the proposed text amendment to the Monroe County Board of County Commissioners. Page 6 of 6 W:\Planning\Working Folders\Gross-Fred\AICUZ\BOCC Staff Report.doc BOCC ORDINANCE ORDINANCE NO. -2003 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; 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 ofthe 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 Page 1 of 6 W:\Planning\Working Folders\Gross-Fred\AICUZ\BOCC ORD .doc 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 ofthe Monroe County Year 2010 Comprehensive Plan WHEREAS, it is the desire of the Monroe County Board of County Commissioners that the following amendment to the County Code be adopted transmitted; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. 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; and military airports in order to: ........... Sec.9.5-252.(c)(3) h. Rostrictie1is for miliUlry airpm"-ts: Priyately owned property adjaeent to the Nayal Air Station, Boca Chica, also kno'.Yfl as NAS Key 'Nest, shall be developed in accordance with the map prepai"ed by the U.S. Navy IrnO\vR as figare .^.. or as l:lpdated by the U.S. Navy. This map was prepared in cofljooction 'lIith the United States Nayy's :\ir Installation Compatible Use Zone Study (.^..ICUZ). .^.. true copy of fig\:1fe A is attaehed hereto and made a part of this sabsection. (i) The land use objectives set forth in figl:lfe .^.. and the aecompanyiBg land use objectives matrix set f{)rth in figure B were determiBed by eyahlatiBg the airport operations at N.^..S Key West, iB terms of composite Boise rating (CNR) zones and accident potootial zones (APZ). A copy of figure B is attached hereto and made a part of this subsection. (ii) The land use objecti';e shown iB figure .^.. and figl:lfe B shall be used in determining the allowable land uses for the various .^..ICUZ. Each land l.ise category was evaluated in terms of compatibility for each land l:lse in terms of density of population, density of strnctl:lfes, explosion hazams, air pollution height obstructions, accident potential zones, and composite noise rating ZOBes. The e'laluation resulted in Page 2 of 6 W:\Planning\Working Folders\Gross-Fred\AICUZ\BOCC ORD .doc ratings of: 1. No Be'll development; 2. Restricted Be\y development; cmd 3. No restrictions. (iii) Lafld l:1se categories were rated as "restricted Bew de'/elopment" if any aeti'/ity or activities within the eategory 'Nere classified as ineompatible. The various f..ICUZ are coded as f-ollows: 1. Accident potential zone .\ (APZ A), the most critical aceident potential ZOBe; 2. B3: f..ccident potential zone B (.\PZ B), the area which has an identifiable acoident potential b1:lt less than APZ A; 3. B2: .^..ccident potential zone C (.\PZ C), the area wh-ich is less critieal than .\PZ C bl:1t still may possess potential for aocidents; high noise impact, CNR zone 3; 4. C2: .\coident potential zone C, moderate noise impact, CNR zone 2; 5. C 1: f..ccident potential zone C, low noise impaet, CNR zone 1; 6. 3: High noise impact, CNR ZOBe 3; 7. 2: No accident potential zone, moderate nOIse impaot, CNR zone 2. Section 2. the following Section is hereby added: Sec. 9.5-258. AICUZ OVERLAY (a) This district provides classifications of property for existing or future military airports and regulates uses around. adiacent. and in the approach zones ofmilitarv airports in order to: (1 ) Establish the control of obstructions and construction of structures affecting navigable airspace in accordance with criteria delineated in volume XI. 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 Page 3 of 6 W:\Planning\Working Folders\Gross-Fred\AICUZ\BOCC ORD .doc exposure of community activities. which are not compatible with military airport ol'erations. 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: 1. No new development: and 11. Restricted new development: and 111. 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: 1. A: Accident potential zone A (APZ-A). the most critical accident potential zone: and 11. B3: Accident potential zone B (APZ-B). the area which has an identifiable accident potential but less than APZ-A. hiJ!h 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 Page 4 of 6 W:\Planning\Working Folders\Gross-Fred\AICUZ\BOCC ORD .doc possess potential for accidents: high noise impact. CNR zone 3: and v. C2: Accident potential zone Co moderate noise impact. CNR zone 2: and VI. Cl: Accident potential zone C. low noise impact. CNR zone 1: and VB. 3: No accident Dotential zone: high noise impact. CNR zone 3: and viii. 2: No accident potential zone. moderate noise impact. CNR zone 2. . Underlined text is new. . 8trikethreagfl text is deleted. . Bold italic text is text correcting the original errors. 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. The ordinance is hereby transmitted to the Florida Department of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes. Section 6. 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) Page 5 of 6 W:\Planning\Working Folders\Gross-Fred\AICUZ\BOCC ORD .doc PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , AD., 2003. Mayor Dixie Spehar Mayor Pro Tem Murray Nelson Commissioner Charles "Sonny" McCoy Commissioner George Neugent Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Dixie Spehar (SEAL) ATTEST: DANNY KOHLAGE, CLERK DEPUTY CLERK Page 6 of 6 W:\Planning\Working Folders\Gross-Fred\AICUZ\BOCC ORD .doc EXHIBIT "A" _..!'-.-:'"~""~__~' .--"""':.-~-e- ........ --... .:'t!:>::-~~ ~. I l I '" ! '- ,-) 1 } " J '\ i r 1 ') } -' .oJ ~ . .. r'. j ) .,.,.-,-... ( , ( fI/ \. J' Co ., ....- ..J-' , -',,' \ i ; '7 i ,;' ,i; -.,'o-...i..~.). ... -. ~ ,~- ~ i/.-~ .-...~~ ~;,;.J-> t.: ,- ' ,/ ,/ ,/ ,/ '- -, --'- -, --'- -, --'- -, --'- -'- -'- -, \ \ \ 1 i j~~. ,/ ,/ ,/ ,t' ,t' ,t' ,t' i ..- . , , , '-../ 6 ~CI) C~ ~o 0- ui Q)E OQ) ~C) Cta o C :Eta :E ..c i o ~ c:J I / i l i i ( \ I i r i \, " ... < ... ... ~ ~ to: ~ ~.....- "" '..... " '..... N :;) U <( ,/" ,/' ,/' /' I ! r\ \ \ \ -y-\ \ .. \ ' \'\- \ \ .\.\ \ ) , ',\ - .\ '. 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PC RESOLUTION '- MONROE COUNTY, FLORIDA PLANNING COMMISSION RESOLUTION #P23-03 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OF THE REQUEST FILED BY THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS BY AMENDING SEC. 9.5-252. (c)(3) h. AIRPORT DISTRICT (AD). AND THE ADDITION OF SEC. 9.5-258. AICUZ OVERLAY. 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 SOCC adopted Ordinance 019-1989 that added the Naval AICUZ requirements to the Monroe County Land Development Regulations; and WHEREAS, the Planning Commission, at a public meeting on January 13, 2003, reviewed the proposed amendments and the following Findings of Fact and Conclusions of Law: 1. The Commission finds that land use regulations within an Airport District should be confined to on-airport development. Regulations that direct off- airport development are more appropriately located in an independent overlay section of the Code. 2. The Commission finds that the proposed changes are consistent with Section 9.S-S11(d)(S) b, (iv) New Issues and (v) Recognition of a need for additional detail or comprehensiveness, 3. The Commission finds that the proposed changes are consistent with the goals of the Monroe County Year 2010 Comprehensive Plan. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the findings of fact and conclusions of law support their decision to recommend APPROVAL to the Monroe County Planning Commission of the following amendments to the text of the Monroe County Land Development Regulations as requested by the Monroe County Planning Department. Page 1 of 5 W:\Planning\Working Folders\Gross-Fred\AICUZ\PC Reso,doc PROPOSED TEXT: 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, ~nd milit~ry airports in order to: ........... Sec. 9.5-252.(c)(3) I=t Rcs~-:ctjor:ls fo- FR:t:t,:ry ;J:_poFts' rri"~tel" owned . , " , , I "" ",. Y , ty property ~dj~cent to the N~'.:~I Air St~tion, Boc~ Chic~, ~Iso known ~s NAS Key 'Nest, sh~1I be developed in ~ccord~nce "lith the m~p prep~red by the U.S. N~v'f known ~s figure A or ~s upd~ted by the U,S. N~vy, This m~p w~s prep~red in conjunction '.\'ith the United St~tes N~_,y's Air Inst~lI~tion Comp~tible Use Zone Study (AICUZ). A true copy of figure A is ~tt~ched hereto ~nd m~de ~ p~rt of this ::;ubsection. (i) The I~nd use objective::; set forth in figure A ~nd the ~ccomp~nying I~nd use objectives m~trix set forth in figure B '.",'ere determined by e'J~lu~ting the ~irport oper~tion::; ~t NAS Key We::;t, in terms of composite noise r~ting (CNR) zones ~nd ~ccident potenti~1 zones (ArZ). A copy of figure B is ~tt~ched hereto ~nd m~de ~ p~rt of thi::; subsection, (ii) The I~nd use objective shown in figure A ~nd figure B sh~1I be used in determining the ~llow~ble I~nd use::; for the v~rious /'.ICUZ, E~ch I~nd use c~tegor'l \',,~::; ev~lu~ted in terms of comp~tibility for e~ch I~nd use in terms of den::;ity of popul~tion, density of structures, explosion h~z~rd::;, ~ir pollution height obstructions, ~ccident potenti~1 zones, ~nd compo::;ite noise r~ting zones. The ev~lu~tion resulted in r~tings of: 1. No new development; 2. l1estricted ne'N development; ~nd 3, No restrictions. Page 2 of 5 (Hi) L~nd use c~tegories '1;ere r~ted ~s "restricted new development" if ~ n'f ~ctivit'l or ~ctivities within the c~tegory were cl~ssified ~s incomp~tible, The v~rious AICUl ~re coded ~s follows: 1. Accident potenti~1 zone A (Arl A), the most critic~1 ~ccident potenti~1 zone; 2. B3: Accident potenti~1 zone B (Arl B), the ~re~ '.\'hich h~:; ~n identifi~ble ~ccident potenti~1 but les:; th~n Arl A; 3, B2: Accident potenti~1 zone C (Arl C), the ~re~ which is less critic~1 th~n Arl C but still m~'I posGess potenti~1 for ~ccidents; high noi:;e imp~ct, CNR zone 3t 1. C2: Accident potenti~1 zone C, moder~te noise imp~ct, CNR zone 2; 5. C1: Accident potenti~1 zone C, low noise imp~ct, CNR zone 1; 6. 3: High noise imp~ct, CNR zone 3; 7, 2: No ~ccident potenti~1 zone, moder~te noise imp~ct, CNR zone 2. Sec. 9.5-258. AICUZ OVERLAY (a) This district provides classifications of oroperty for existing or future military airoorts and regulates uses around, adjacent. and in the aporoach zones of military airoorts in order to: (1) Establish the control of obstructions and construction of structures affecting navigable airsoace in accordance with criteria delineated in volume XI. Dart 77 in federal aviation regulations. Florida Deoartment of Transoortation regulations, and this section; and (2) Protect military airports against encroachment. to imolement aoprooriate noise abatement strateQies, and to regulate develooment and reduce public exposure of community activities, which are not compatible with military airport ooerations. Page 3 of 5 a. Restrictions for military airoorts: Privately owned proDerty adjacent to the Naval Air Station, Boca Chica, also known as NAS Key West. shall be develoDed in accordance with the maD DreDared by the U.S. Navy known as figure A or as uDdated by the U.S. Navy. This maD was DreDared in conjunction with the United States Navy's Air Installation Compatible Use Zone Study (AICUZ). A true CODY 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 accomDanving land use objectives matrix set forth in figure B were determined by evaluating the airport operations at NAS Key West, in terms of comDosite noise rating (CNR) zones and accident Dotential zones (APZ). A copy of figure B is attached hereto and made a Dart 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, eXDlosion hazards, air Dollution height obstructions, accident Dotential zones, and composite noise rating zones. The evaluation resulted in ratings of: i. No new develoDment; and ii. Restricted new develoDment; 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 incomDatible, 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 Dotential zone B (APZ-B), the area which has an identifiable accident Dotential but less than APZ-A, Page 4 of 5 high noise imoact, CNR zone 3: and Hi. B2: Accident ootential zone B (APZ-B) the area has an identifiable accident potential but less than APZ-A, moderate noise imoact, CNR zone 2: and iv. C3: Accident ootential zone C (APZ-C), the area which is less critical than APZ-B but still mav possess ootential for accidents: high noise impact, CNR zone 3: and v, C2: Accident ootential zone C, moderate noise imoact, CNR zone 2: and vi. Cl: Accident ootential zone C, low noise impact, CNR zone 1: and vii. 3: No accident ootential zone: high noise impact, CNR zone 3: and viii. 2: No accident ootential zone, moderate noise imoact, CNR zone 2, I Underlined text is new, Strikethrough text is deleted PASSED AND ADOPTED By the Plannin~ Commission of Monroe County, Florida at a regular meeting held on the gt day of April, 2003. David C. Ritz, Chair Denise Werling, Vice Chair Jerry Coleman, Commissioner Jiulio Margalli, Commissioner Alicia Putney, Commissioner YES YES YES YES YES PLANNING COMMISSION OF MONROE COUNTY, FLORIDA By David C. Ritz. Chair Signed this day of ,2003. Page 5 of 5