Item B2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Mav 22, 2012
Bulls Item: Yes No X
Division: GTOssth Management
Staff Contact Person/Phone 4: Christine Hurlev x2517
AGENDA ITEM WORDING: A public hearing to consider an ordinance amending the Monroe County 2010
Comprehensive Plan, as required by Sections 163.3177 and 163.3175, Florida Statutes, to create military
compatibility criteria.
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. If a 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 specifi- 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
speci -- that the local government is not eligible for funding pursuant to s.161.091, F.S., regarding beach
management and maintenance funding.
Monroe County is proposing to create Goal 108, Objective 108.1, Policy 108.1.1, Policy 108.1.2, Policy
108.1.3, Policy 108.1.4., Policy 108.1.5, Policy 108.1.6, Policy 108.1.7, Objective 108.2, Policy 108.2.1, Policy
108.2.2, Policy 108.2.3, Policy 108.2.4, Policy 108.2.5, Policy 108.2.6, Policy 108.2.7, and Policy 108.2.8 to
address military compatibility criteria in the Comprehensive Plan.
It is important to note that if the ,State land Planning Agency finds the comprehensive plan amendment "not in-
compliance; " the amendment package would be sent to the Division ofAdministrative Hearing (DOAH) for an
administrative hearing as to its compliance.
PREVIOUS RELEVANT BOCC ACTION:
On July 15, 2003, the BOCC adopted Ordinance No. 031-2003, amending Section 9.5-252(C)(3)h. (AICUZ) 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 include an agenda item on the August BOCC
meeting to discuss the DCA letter and militaiv compatibility.
At the August 17, 2011, BOCC meeting, the Growth Management Director provided a summan - of the staff s meeting with
NASKW. The BOCC directed the Growth Management Director to include an agenda item on the September BOCC
meeting to provide a status on the development of draft policies to satisfy the requirements of Section 163.3175, F.S., as
well as to review proposed revisions to the 2010-2030 Technical Document. At the same meeting, the BOCC also directed
the Growth Management Director to include an agenda item on the October BOCC meeting to review the final proposed
policies and to provide staff direction on how to proceed.
On September 21, 2011, the BOCC directed the Growth Management Director to include an agenda item for the October
BOCC meeting to provide a status report on the development of draft policies as well as to review proposed revisions to the
2010-2030 Technical Document and to provide staff direction on how to proceed.
At the October 19, 2011 BOCC meeting, the Growth Management Director presented the planning staff's proposed militail-
compatibility strategies and requested direction to process the proposed amendments for inclusion into the Monroe County
2010 Comprehensive Plan.
On December 14, 2011, the BOCC held a public hearing to consider a resolution to transmit to the State Land Planning
Agency an amendment to the Monroe County 2010 Comprehensive Plan. as required by Sections 163.3177 and 163.3175,
Florida Statutes, to create military compatibility criteria.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
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 x OMB/Purchasing Risk Management _
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
ORDINANCE NO. -2012
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADDRESSING THE COMPATIBILITY OF LANDS
ADJACENT TO OR CLOSELY PROXIMATE TO MILITARY
INSTALLATIONS IN THE FUTURE LAND USE ELEMENT IN THE 2010
MONROE COUNTY COMPREHENSIVE PLAN; CREATING GOAL 108,
OBJECTIVE 108.1, POLICY 108.1.1, POLICY 108.1.2, POLICY 108.1.3, POLICY
108.1.4., POLICY 108.1.5, POLICY 108.1.6, POLICY 108.1.7, OBJECTIVE 108.2,
POLICY 108.2.1, POLICY 108.2.2, POLICY 108.2.3, POLICY 108.2.4, POLICY
108.2.5, POLICY 108.2.6, POLICY 108.2.7, AND POLICY 108.2.8; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY; PROVIDING FOR THE FILING WITH THE
SECRETARY OF STATE AND FOR AN EFFECTIVE DATE; AND PROVIDING
FOR THE INCLUSION IN THE MONROE COUNTY 2010 COMPREHENSIVE
PLAN.
WHEREAS, Sections 163.3175, and 163.3177, Florida Statute (F.S.), require local
governments to address compatibility of development with military installations and require the
exchange of information between local governments and military installations; and
WHEREAS, Sections 163.3175, and 163.3177, F.S., require 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 by June 30, 2012. 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;
and
WHEREAS, if a local government comprehensive plan does not contain criteria
addressing compatibility by December 31, 2013, the State Land Planning Agency may notify the
Administration Commission, which may impose sanctions pursuant to Section 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 Administration 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
1
Program; and revenue sharing. If the local government has a Coastal Management Element, the
Administration 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; and
WHEREAS, County staff, in conjunction with representatives of Naval Air Station Key
West has collaborated on various policies and standards to address military compatibility within
the Monroe County 2010 Comprehensive Plan; and
WHEREAS, at the October 19, 2011 Board of County Commissioners (BOCC) meeting,
the BOCC directed Monroe County staff to process the proposed amendments; and
WHEREAS, the Monroe County Development Review Committee considered the
proposed amendment at a regularly scheduled meeting held on the 17th day of October, 2011;
and
WHEREAS, at a regularly scheduled meeting held on the 1st day of December, 2011,
the Monroe County Planning Commission held a public hearing for the purpose of considering
the transmittal to the State Land Planning Agency of a proposed amendment to the Monroe
County Year 2010 Comprehensive Plan and recommended approval of the amendment; and
WHEREAS, at a regularly scheduled meeting held on the 14th day of December, 2011,
the Monroe County Board of the County Commissioners held a public hearing for the purpose of
considering the transmittal to the State Land Planning Agency of a proposed amendment to the
Monroe County Year 2010 Comprehensive Plan and recommended approval of the amendment;
and
WHEREAS, at a regularly scheduled meeting held on the 14th day of December, 2011,
the Monroe County Board of County Commissioners recommended approval of the amendment
and voted to transmit the proposed comprehensive plan amendments to the State Land Planning
Agency; and
WHEREAS, on March 20, 2012, Monroe County received an Objections,
Recommendations and Comments (ORC) report from the State Land Planning Agency. The
ORC report contained four (4) objections as well as recommendations regarding measures that
can be taken to address the objections to the County's proposed amendment (Amendment No.
12-1 ACSC); and
WHEREAS, Monroe County has proposed revisions to the proposed goals, objectives
and policies, to address the objections raised by the State Land Planning Agency in the ORC
report; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Monroe County 2010 Comprehensive Plan is amended as follows: (Deletions are
S�,- eke �h and additions are underlined.)
2
Goal 108
The compatibility of lands adjacent to or closely proximate to the Boca Chica airfield of Naval
Air Station Key West (NASKW) pursuant to Sections 163.3175 and 163.3177, Florida Statutes,
shall be achieved through the implementation of the Objectives and Policies, incorporated herein.
Achieved is defined as being consistent with the Objectives and Policies, incorporated herein.
Obiective 108.1
Naval Air Station Key West and Monroe County shall exchange information to encourage
effective communication and coordination concerning compatible land uses as defined
herein.
Policy 108.1.1
Monroe County shall transmit to the commanding officer of Naval Air Station Key West
information relating to proposed changes to comprehensive plans, plan amendments,
Future Land Use Map 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 Naval Air Station Key West (within the Military
Installation Area of Impact (MIAM. Pursuant to statutory requirements, Monroe County
shall also transmit to the commanding officer copies of applications for development
orders requesting a variance or waiver from height requirements within areas defined in
Monroe County's comprehensive plan as being in the MIAI. Monroe County shall
provide the military installation an opportunity to review and comment on the proposed
chan4es.
Policy 108.1.2
Monroe County shall coordinate with Naval Air Station Key West and the Department of
Economic Opportunity (State Land Planning Agency) to review Best Practices and
provide guidance on recommended sound attenuation options to be identified in
development orders for optional implementation in new constriction and redevelopment
of existing strictures in areas located within the MIAI. The list of recommended sound
attenuation options may be based on the level of noise exposure, level of sound
protection, and the type of residential constriction or manufactured housing that is
proposed. Monroe County and the Naval Air Station Key West will coordinate with the
Department of Economic Opportunity to identify state and federal housing programs, and
to develop informational literature to inform qualified homeowners of the availability of
potential funds for sound attenuation.
Policy 108.1.3
Within 30 days from the date of receipt from Monroe County of proposed changes, the
Naval Air Station Key West commanding officer or his or her designee may provide
comments to Monroe County on the impact proposed changes may have on the mission
of the military installation. Monroe County shall forward a copy of any comments
regarding comprehensive plan amendments to the state land planning agency. The
commanding officer's comments, underlying studies, and reports shall not be binding on
Monroe County. Monroe County shall take into consideration any comments provided
by the Naval Air Station Key West commanding officer or his or her designee and shall
also be sensitive to private property rights and not be unduly restrictive on those rights.
Policy 108.1.4
Monroe County shall include a representative of Naval Air Station Key West as an ex
officio, nonvoting member of Monroe County's Planning Commission. The NASKW ex
officio member represents all military interests in Monroe County_
Policy 108.1.5
Monroe County shall notify the Naval Air Station Key West commanding officer or his
or her designee of any development proposals that are scheduled for the Development
Review Committee (DRC) at the earliest date possible. NASKW may provide comments
on proposals to the DRC.
Policy 108.1.6
The Navy is undertaking an Environmental Impact Statement (EIS) to evaluate
alternatives for future airfield operations at Naval Air Station Key West. Monroe County
shall work closely with the Navy throughout the process of the EIS and shall discourage
the Navy from increasing its operations at NASKW that negatively impact the
surrounding community_
Policy 108.1.7
In order to protect the value, efficiency, cost-effectiveness, and amortized life of
NASKW, pursuant to Section'180.0552 (7)(h)4., F.S., protect the public health, safety,
and welfare of the citizens of the Florida Keys, pursuant to Section'180.0552 (7)(n), F.S.,
and encourage compatibility, Monroe County will encourage the Navy to acquire all land
it is impacting with its operations and noise within any graphic area with 80+ Day -
Night Average Sound Level (DNL), and any areas where an aircraft mishap could occur.
Obiective 108.2
Monroe County shall consider the protection of public health, safety and welfare as a
principal objective of compatible land use planning on lands adjacent to or closely_ proximate
to the Boca Chica airfield of NASKW.
Policy 108.2.1
Monroe County shall adopt an overlay to the Future Land Use Map Series identifying the
Military Installation Area of Impact (MIAD to define the zone of influence of NASKW;
within which growth management policies shall guide land use activities and uses in
areas exposed to impacts generated by Navy operations.
Policy 108.2.2
Density and intensity standards and land uses established by the Future Land Use
Element and Future Land Use Map, on the effective date of this policy, for properties
located within the MIAI overlay shall be recognized and allowed to develop to the
maximum development potential pursuant to the standards existing on the effective date
of this policy_
Policy 108.2.3
Monroe County and Naval Air Station Key West (NASKW) recognize the existing
density and intensity, as of the effective date of this policy, established by the Future
Land Use Element and Future Land Use Map for property adjacent to or closely
proximate to NASKW. NASKW has indicated that it will not object to the issuance of
development orders, within the MIAI, if properties have development rights on Future
Land Use Map, Land Use District (Zoning) Map, approved development agreements or
Section 380.032, F.S. agreements with the State Land Planning Agency. NASKW may
provide comments and suggest measures to mitigate potential impacts.
Policy 108.2.4
Existing development located within the MIAI overlay shall be recognized and allowed
to redevelop. Further, the property's established density and intensity standards and land
uses provided by the Future Land Use Element and Future Land Use Map shall be
recognized and allowed to redevelop to the maximum development potential pursuant to
the standards existing on the effective date of this policy_
Policy 108.2.5
Monroe County will maintain the Future Land Use Map (FLUM) designations, for any
application received after the effective date of this policy, for properties located within
the MIAI overlay. FLUM amendments that increase density and/or intensity within the
MIAI overlay received after the effective date of this policy, are not permitted unless
Monroe County transmits the requested FLUM amendment to NASKW, pursuant to
Policy 108.1.1. Within 30 days of receipt, the NASKW commanding officer or his or her
designee may provide comments on the proposed amendment, based on appropriate data
and analysis, to Monroe County indicating whether the property is located within a noise
zone or land use incompatibility zone and whether the proposed density and/or intensity
increase is incompatible with NASKW.
If NASKW indicates the property is within a land use incompatibility zone, the Board of
County Commissioners shall adopt a resolution providing a finding determining whether
the property is subject to the restrictions of increasin4 density and/or intensity for the
application filed for the property within the MIAI boundary. Monroe County will
maintain the FLUM designations for properties adjacent to or closely proximate to
military installations for which NASKW provided data and analysis, which meets the
requirements of Section 163.3177(1)(f), F.S., as of the effective date of this policy, which
supports a determination that the property is within a land use incompatibility zone.
Additionally, for FLUM amendments requesting an increase of density and/or intensity
within a land use incompatibility zone, Monroe County shall encourage the Navy to
acquire these lands, pursuant to Policy 108.1.7, for the protection of the public health,
safety, and welfare of the citizens of the Florida Keys.
If NASKW indicates the property is within a noise zone, Monroe County may consider
Future Land Use Map amendments requesting an increase in density and/or intensity
within the MIAI overlay, if the property owner submits a supplemental noise study, based
on professionally accepted methodology approved by Monroe County and NASKW, to
determine whether the noise level is greater than or less than 65 DNL (Day -Night
Average Sound Level) at the subject property (site) requesting the proposed FLUM
amendment.
• Once the applicant submits the supplemental noise study, Monroe County and
NASKW shall review the submitted, supplemental noise study for professionally
acceptable sufficiency. The Naval Air Station Key West commanding officer or
his or her designee may provide comments, based on appropriate data and
analysis, to Monroe County stating whether the Navy recognizes the noise study
as a "professionally accepted methodology."
• NASKW shall be provided up to nine (9) months from receipt of the supplemental
noise study, submitted with the application requesting a FLUM amendment which
proposes increases in density and/or intensity within the MIAI overlay, to provide
comments to Monroe County. Once comments are received or, if comments are
not received within nine (9) months from NASKW, the County shall allow the
applicant to proceed through the public hearing process with the submitted,
supplemental noise study, based upon the methodology defined in the Monroe
County Technical Document of the adopted Monroe County Comprehensive Plan.
• Monroe County shall take into consideration any comments and accompanying
data and analysis, provided by the Naval Air Station Key West commanding
officer or his or her designee regarding the professional acceptability of the
methodology of the noise study_
• Considering the supplemental noise study, based on professionally accepted
methodology reviewed by Monroe County and NASKW, if provided, the Board
of County Commissioners shall adopt a resolution providing a finding
determining whether the property, within the MIAI boundary, is or is not subject
to the restrictions on increasing density and/or intensity for the application filed.
• After 90 days of the adoption of the Board of County Commission resolution,
Monroe County will schedule the required public hearings for the FLUM
application requesting an increase in density and/or intensity, filed for the
property within the MIAI boundary.
Alternatively, with a requested FLUM amendment, a supplemental noise study, based on
professionally acceptable methodology, can be submitted that was modeled using the
Integrated Noise Model which has been adopted by the FAA as the standard model used
for Part 150 studies or NOISEMAP which is used by the Department of Defense for
modeling military aircraft noise for Air Installation Compatible Use Zones.
The Board of County Commissioners may condition a granting of a resolution on a
waiver of liability against or indemnification of the County by the requesting property
owner for any cause of action or claim based upon the current or future uses and
operations at NASKW.
Policy 108.2.6
For any application received after the effective date of this policy, within the MIAI
overlay, Monroe County will not approve NEW land uses, as demonstrated on the MIAI
Land Use Table (permitted uses shown in Column 42), through a Future Land Use Map,
Text, overlay or LUD map amendment.
The MIAI Land Use Table provides the Future Land Use Map (FLUM) Categories
(Column 1) as of the effective date of this policy and includes the permitted uses
(Column 2), allocated density per acre (Column 3), maximum net density per buildable
acre (Column 4), the floor area ratio (Column 5), and corresponding zoning category
(Column 6) within each FLUM category located within the MIAI boundary. Further the
MIAI Land Use Table provides land uses located within the 65-69 DNL Noise Zone 2
and NASKW's suggested land use compatibility within this noise zone. The table
includes land uses allowed (Column 7), land uses allowed with restrictions (Column 8),
land uses that are generally incompatible but allowed with exceptions (Column 9) and the
land uses that are not compatible and should be prohibited. Column 11 provides notes
associated with Columns 7, 8, 9 and 10 and indicates that additional land uses may be
permitted based upon existing the provisions adopted within the Comprehensive Plan
(reference the MIAI Land Use Table attached as Exhibit 1).
Policy 108.2.7
Nonresidential land uses expressly allowed within the residential Future Land Use
Categories (see Column 11 MIAI Land Use Table) as land uses permitted in the Land
Development Readations that were in effect immediately prior to the institution of the
2010 Comprehensive Plan (pre-2010 LDR's), and that lawfully existed on such lands on
January 4, 1996, shall be recognized through a "Letter of Development Rights
Determination" process and transmitted to the State Land Planning Agency.
Policy 108.2.8
Within the MIAI overlay, Monroe County may consider requests from property owners
for reduction in density and/or intensity or changes in uses that reduce incompatibility of
land uses with Goal 108 and associated Objectives and Policies.
Section 2. The Military Installation Area of Impact Land Use Table pursuant to Policy
108.2.6 is hereby adopted and attached hereto as Exhibit 1.
Section 3. Severability. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this ordinance shall
not be affected by such validity.
Section 4. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
7
Section 5. Transmittal. This ordinance shall be transmitted by the Director of Planning to
the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
Statutes.
Section 6. Filins and Effective Date. This ordinance shall be filed in the Office of the
Secretary of the State of Florida but shall not become effective until a notice is
issued by the State Land Planning Agency or Administration Commission finding
the amendment in compliance with Chapter 163, Florida Statutes and after any
applicable appeal periods have expired.
Section 7. Inclusion in the Comprehensive Plan. The numbering of the foregoing
amendment may be renumbered to conform to the numbering in the Monroe
County Year 2010 Comprehensive Plan and shall be incorporated in the Monroe
County Year 2010 Comprehensive Plan.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of A.D., 2012.
Mayor David Rice
Mayor pro tem Kim Wigington
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Heather Carruthers
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
M.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Mayor David Rice
MONROE COUKY ATTORNEY
APP OVEDJAS)TO FORM:
SUSAN. GRIMSLEY
ASSISTANT UNTY ATTORNEY
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4 MEMORANDUM
5 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
6 We strive to be caring, professional and fair
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To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
From: Mayt6 Santamaria, Assistant Director of Planning
Date: May 10, 2012
Subject: Text amendment to the Monroe County 2010 Comprehensive Plan to address
military compatibility criteria.
Meeting: May 22, 2012
I. REQUEST
This is a request by Monroe County to adopt Goal 108, Objective 108.1, Policy 108.1.1, Policy
108.1.2, Policy 108.1.3, Policy 108.1.4., Policy 108.1.5, Policy 108.1.6, Policy 108.1.7, Objective
108.2, Policy 108.2.1, Policy 108.2.2, Policy 108.2.3, Policy 108.2.4, Policy 108.2.5, Policy 108.2.6,
Policy 108.2.7, and Policy 108.2.8 to address military compatibility criteria.
II. BACKGROUND INFORMATION
Sections 163.3175, and 163.3177, Florida Statute (F.S.), require local governments to address
compatibility of development with military installations and require 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.
1 • Local government shall take into consideration any comments provided by the commanding
2 officer or his or her designee and must also be sensitive to private property rights and not be
3 unduly restrictive on those rights. The local government shall forward a copy of any
4 comments regarding comprehensive plan amendments to the state land planning agency.
5 • A representative of a military installation acting on behalf of all military installations within
6 that jurisdiction shall be included as an ex officio, nonvoting member of the county's or
7 affected local government's land planning or zoning board.
8 • The adoption of criteria to be used to achieve the compatibility of lands adjacent or closely
9 proximate to military installations within the future land use plan element, pursuant to Section
10 163.3177(6)(a), F.S. If a local government does not adopt criteria and address compatibility of
11 lands adjacent to or closely proximate to existing military installations in its future land use
12 plan element by June 30, 2012, the local government, the military installation, the state land
13 planning agency, and other parties as identified by the regional planning council, including, but
14 not limited to, private landowner representatives, shall enter into mediation.
15
16 The Florida Department of Community Affairs (DCA) sent a letter (Exhibit 1) to Mayor Heather
17 Carruthers, dated July 11, 2011, which stated that the current Monroe County Comprehensive Plan
18 does not address compatibility of lands adjacent to an existing military installation. A local
19 government that does not address compatibility of land proximate to an existing military installation
20 in the future land use plan element by June 30, 2012, shall enter into mediation. Mediation would
21 include representatives from the Naval Air Station Key West, Monroe County, the State Land
22 Planning Agency, the South Florida Regional Planning Council, and potentially other private land
23 owners. If a local government comprehensive plan does not contain criteria addressing compatibility
24 by December 31, 2013, the agency may notify the Administration Commission, which may impose
25 sanctions pursuant to s. 163.3184(8), F. S., including the direction to state agencies to not provide
26 funds to increase the capacity of roads, bridges, or water and sewer systems for those local
27 governments with plan amendments determined not to be in compliance. The Administrative
28 Commission may also specify that the local government is not eligible for grants under the following
29 programs: Florida Small Cities Community Development Block Grant Programs; Florida Recreation
30 Development Assistance Program; and revenue sharing. If the local government has a Coastal
31 Management Element, the Administrative Commission may also specify that the local government is
32 not eligible for funding pursuant to s.161.091, F.S., regarding beach management and maintenance
33 funding.
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35 Summary of Previous Meetings & Actions:
36
37 On July 15, 2003, the BOCC adopted Ordinance No. 031-2003, amending Section 9.5-252(C)(3)h.
38 (AICUZ) and creating Section 9.5-258 of the Land Development Code that specifies restrictions on
39 private property adjacent to NAS Key West.
40
41 On July 15, 2011, the BOCC asked the Growth Management Director to include an agenda item on
42 the August BOCC meeting to discuss the DCA letter and military compatibility.
43
44 On August 15, 2011, Monroe County staff met with Naval Air Station Key West (NASKW) staff to
45 discuss the development of military compatibility strategies. During the meeting, Navy operations
1 were discussed and NASKW identified the concerns and desired outcomes related to military
2 compatibility. A summary of the meeting discussion is attached as Exhibit 2.
3
4 On the August 17, 2011 BOCC meeting, the Growth Management Director provided a summary of
5 the staffs meeting with NASKW. The BOCC directed the Growth Management Director to include
6 an agenda item on the September BOCC meeting to provide a status on the development of draft
7 policies to satisfy the requirements of Section 163.3175, F.S., as well as to review proposed
8 revisions to the Technical Document. On August 17, 2011 BOCC meeting, the BOCC also directed
9 the Growth Management Director to include an agenda item on the October BOCC meeting to
10 review the final proposed policies and to provide staff direction on how to proceed.
11
12 On August 24, 2011, Monroe County staff held a conference call with the Secretary and staff of the
13 Department of Community Affairs to discuss and review the County's draft military compatibility
14 strategies. The Department of Community Affairs provided a suggestion regarding a sound
15 attenuation policy and a potential funding source.
16
17 On September 14, 2011, Monroe County staff met with NASKW staff to discuss and review the
18 County's draft military compatibility strategies. NASKW identified the concerns and suggested
19 revisions.
20
21 On September 16, 2011, Monroe County staff met with NASKW staff to discuss and review the
22 County's draft military compatibility strategies and NASKW's recommended revisions.
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24 On the September 21, 2011 BOCC meeting, the Growth Management Director provided a summary
25 of the staff s meeting with NASKW and presented the planning staff s proposed military
26 compatibility strategies. NASKW staff submitted requested revisions to the County's proposal. The
27 BOCC directed staff to continue to work with NASKW to finalize language for the military
28 compatibility strategies as well as to expedite the processing of the comprehensive plan
29 amendments.
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31 On October 17, 2011, the Monroe County Development Review Committee reviewed and discussed
32 the text amendment. NASKW representatives were in attendance and made comments on the
33 proposal.
34
35 On the October 19, 2011 BOCC meeting, the Growth Management Director presented the planning
36 staff s proposed military compatibility strategies and requested direction to process the proposed
37 amendments for inclusion into the Monroe County 2010 Comprehensive Plan.
38
39 On October 17, 2011 Development Review Committee reviewed the proposed amendment.
40 Representatives of NASKW attended the meeting and provided comments related to noise study
41 options included in proposed Policy 108.2.5.
42
43 On December 14, 2011, the BOCC held a public hearing to consider a resolution to transmit to the
44 State Land Planning Agency an amendment to the Monroe County 2010 Comprehensive Plan, as
45 required by Sections 163.3177 and 163.3175, Florida Statutes, to create military compatibility
46 criteria.
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On March 20, 2012, Monroe County received an Objections, Recommendations and Comments
(ORC) report from the State Land Planning Agency (Department of Economic Opportunity). The
ORC report contained four (4) objections as well as recommendations regarding measures that can
be taken to address the objections to the County's proposed amendment. The objections included
the following:
1. The policy and the accompanying MIAI map fail to establish meaningful and predictable
guidelines and standards for the use and development of land and fail to provide meaningful
guidelines for the content of more detailed land development and use regulations because (1)
the terms "noise zone" and "land use incompatibility area" are not defined; and (2) these
areas are not depicted on the MIAI map.
Recommendation: The County should revise the amendment to define noise zones and
land use incompatibility areas based upon relevant and appropriate data and analysis,
including the 2007 AICUZ Study, and identify appropriate uses and development
controls to achieve compatibility. The revision should include mapping the noise zones
and land use incompatibility area more specifically than the MIAI overlay. The County
should also identify the accident potential zones and clear zones within the Military
Installation Influence Area and propose suitable uses in these zones consistent with the
uses identified in the Air Installation Compatible Use Zones Study for NAS-Key West.
2. The Department objects to option one [1st optional noise study methodology] because the
methodology specified is not professionally accepted for the purpose intended; i.e., it is not
an appropriate methodology for determining noise zones for a military installation. The
Department also objects based on the creation of an internal inconsistency because both
methodologies rely solely on noise levels in making a determination regarding whether
increases in density and intensity can be allowed and fail to take into account land use
incompatibility areas, which is one of the criteria that the policy requires to be addressed.
Recommendation: The County should revise the policy to include a professionally
acceptable methodology applicable to military air operations. The County should also
revise both methodologies to account for land use incompatibility areas. The Department
recommends the County use or adopt the 2007 AICUZ Study.
3. Sections 163.3184(1)(b) and 380.0552(7), Florida Statutes, provide that any plan amendment
must be consistent with the Principles for Guiding Development in designated areas of
critical state concern. Section 380.0552(7)(h)4 establishes the following Principle for the
Florida Keys ACSC: "Protecting the value, efficiency, cost effectiveness, and amortized life
of existing and proposed major public investments, including ... Key West Naval Air Station
and other military facilities." As proposed the amendment is inconsistent with this Principle.
Policy 108.2.5 does not address public safety concerns as provided for in Section
163.3175(1), F.S. and the Principles for Guiding Development (380.0552(7)(n), F.S.).
Principle (n) provides that proposed plan amendments must be consistent with protecting the
public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
Florida Keys as a unique Florida resource.
Recommendation: The County should amend the policies to ensure the protection of the
Key West Naval Air Station.
2 4. The Goal provides that the County "shall promote and encourage." Section
3 163.3177(6)(a)3.a., F.S. requires, "The future land use plan element shall include criteria to
4 be used to: a. Achieve [emphasis added] the compatibility of lands adjacent or closely
5 proximate to military installations, considering factors identified in s. 163.3175(5)." The
6 Department objects because the Goal is not consistent with Section 163.3177(6)(a)3.a., F.S.
7 Recommendation: The County should amend the Goal to be consistent with the
8 language of the statute.
10 Since receiving the ORC report, Monroe County staff has participated in multiple meetings and
11 conference calls with NASKW and the State Land Planning Agency to better understand their issues and
12 develop recommendations/revisions on how to address the objections included in the ORC report.
13 These meetings included discussions between a NASKW noise expert and the County's noise
14 consultant, to address noise modeling.
15
16 The County has prepared a response to the State Land Planning Agency ORC report (attached as Exhibit
17 4). The County is also recommending revisions to the amendment package to address concerns raised
18 by the State Land Planning Agency, which are included in Section III (Proposed Amendments) of the
19 staff report. Note, revisions incorporated into the proposed amendment since the transmittal hearing are
20 identified in BLUE within Section III (Proposed Amendments) below.
21
22 III. PROPOSED AMENDMENTS
23
24 Goal108
25 The compatibility of lands adjacent to or closely proximate to the Boca Chica airfield of Naval Air
26 Station Kev West (NASKW) pursuant to Sections 163.3175 and 163.3177, Florida Statutes, shall be
27 achieved through the implementation of the Objectives and Policies, incorporated herein. Achieved is
28 defined as being consistent with the Objectives and Policies, incorporated herein. Nfaf ra,,,,*y S l
29 e rho 4ibi!4 f i, RdS adia6&4 4 OF 6 Se e 4 fhe u06 C-4; ,,
30
31 &ta44e�
32
33 Obiective 108.1
34 Naval Air Station Key West and Monroe County shall exchange information to encourage effective
35 communication and coordination concerning compatible land uses as defined herein.
36
37 Policy 108.1.1
38 Monroe County shall transmit to the commanding officer of Naval Air Station Key West
39 information relating to proposed changes to comprehensive plans, plan amendments, Future
40 Land Use Map amendments and proposed changes to land development regulations which, if
41 approved, would affect the intensity, density, or use of the land adjacent to or in close proximity
42 to the Naval Air Station Key West (within the Military Installation Area of Impact (MIAI)).
43 Pursuant to statutory requirements, Monroe County shall also transmit to the commanding
44 officer copies of applications for development orders requesting a variance or waiver from height
45 requirements within areas defined in Monroe County's comprehensive plan as being in the
1 MIAI. Monroe County shall provide the military installation an opportunity to review and
2 comment on the proposed changes.
3
4 Policy 108.1.2
5 Monroe County shall coordinate with Naval Air Station Key West and the Department of
6 Economic Opportunity (State Land Planning Agency) to review Best Practices and provide
7 aiidance on recommended sound attenuation options to be identified in development orders for
8 optional implementation in new constriction and redevelopment of existing strictures in areas
9 located within the MIAI. The list of recommended sound attenuation options may be based on
10 the level of noise exposure, level of sound protection, and the type of residential constriction or
11 manufactured housing that is proposed. Monroe County and the Naval Air Station Key West
12 will coordinate with the Department of Economic Opportunity to identify state and federal
13 housing prams, and to develop informational literature to inform qualified homeowners of the
14 availability of potential funds for sound attenuation.
15
16 Policy 108.1.3
17 Within 30 days from the date of receipt from Monroe County of proposed changes, the Naval Air
18 Station Key West commanding officer or his or her designee may provide comments to Monroe
19 County on the impact proposed changes may have on the mission of the military installation.
20 Monroe County shall forward a copy of any comments regarding comprehensive plan
21 amendments to the state land planning agency. The commanding officer's comments, underl"n
22 studies, and reports shall not be binding on Monroe County. Monroe County shall take into
23 consideration any comments provided by the Naval Air Station Key West commanding officer or
24 his or her designee and shall also be sensitive to private property rights and not be unduly
25 restrictive on those rights.
26
27 Policy 108.1.4
28 Monroe County shall include a representative of Naval Air Station Key West as an ex officio,
29 nonvoting member of Monroe County's Planning Commission. The NASKW ex officio member
30 represents all military interests in Monroe County_
31
32 Policy 108.1.5
33 Monroe County shall notify the Naval Air Station Key West commanding officer or his or her
34 designee of any development proposals that are scheduled for the Development Review
35 Committee (DRC) at the earliest date possible. NASKW may provide comments on proposals to
36 the DRC.
37
38 Policy 108.1.6
39 The Navy is undertaking an Environmental Impact Statement (EIS) to evaluate alternatives for
40 future airfield operations at Naval Air Station Key West. Monroe County shall work closely
41 with the Navy throughout the process of the EIS and shall discourage the Navy from increasing
42 its operations at NASKW that negatively impact the surrounding community_
43
44 Policy 108.1.7
45 In order to protect the value, efficiency, cost-effectiveness, and amortized life of NASKW,
46 pursuant to Section 380.0552 (7)(h)4., F.S., protect the public health, safety, and welfare of the
1 citizens of the Florida Keys, pursuant to Section 380.0552 (i)(n), F.S., and encourage
2 compatibility, Monroe County will encourage the Navy to acquire all land it is impacting with its
3 operations and noise within any geographic area with 80+ Day -Night Average Sound Level
4 (DNL), and any areas where an aircraft mishap could occur.
6 Obiective 108.2
7 Monroe County shall consider the protection of public health, safety and welfare as a principal
8 objective of compatible land use planning on lands adjacent to or closely proximate to the Boca
9 Chica airfield of NASKW.
10
11 Policy 108.2.1
12 Monroe County shall adopt an overlay to the Future Land Use Map Series identifying the
13 Military Installation Area of Impact (MIAI) to define the zone of influence of NASKW; within
14 which growth management policies shall aside land use activities and uses in areas exposed to
15 impacts generated by Navy operations.
16
17 Policy 108.2.2
18 Density and intensity standards and land uses established by the Future Land Use Element and
19 Future Land Use Map, on the effective date of this policy �iiiseg PATE), for properties located
20 within the MIAI overlay shall be recognized and allowed to develop to the maximum
21 development potential pursuant to the standards existinu on the effective date of this oolicv
22
23
24 Policy 108.2.3
25 Monroe County and Naval Air Station Key West (NASKW) recognize the existing density and
26 intensity, as of the effective date of this policy DA4E, established by the Future Land Use
27 Element and Future Land Use Map for property adjacent to or closely proximate to NASKW.
28 NASKW has indicated that it will not object to the issuance of development orders, within
29 the MIAI, if properties have development rights on Future Land Use Map, Land Use District
30 (Zoning) Map, approved development agreements or Section 380.032, F.S. agreements with the
31 State Land Planning Agency. NASKW may provide comments and su"est measures to mitigate
32 potential impacts.
33
34 Policy 108.2.4
35 Existing development located within the MIAI overlay shall be recognized and allowed to
36 redevelop. Further, the property's established density and intensity standards and land uses
37 provided by the Future Land Use Element and Future Land Use Map shall be recognized and
38 allowed to redevelop to the maximum development potential pursuant to the standards existing
39 on the effective date of this policy riiiseq PAT -ES.
40
41 Policy 108.2.5
42 Monroe County will maintain the Future Land Use Map (FLUM) designations, for any
43 application received after the effective date of this policy �iiiseq eff-ee��rR, for properties
44 located within the MIAI overlay. FLUM amendments that increase density and/or intensity
45 within the MIAI overlay received after the effective date of this policy �iiiseg eff ,.f..,,, T,"�
46 are not permitted unless Monroe County transmits the requested FLUM amendment to NASKW,
pursuant to Policy 108.1.1. Within 30 days of receipt, the NASKW commanding, officer or his or
her designee, may provide comments on the proposed amendment, based on appropriate data and
analysis, to Monroe County indicating whether the property is located within a noise zone or
land use incompatibility zone and whether the proposed density and/or intensity increase is
incompatible with NASKW.
1 property, within the MIAI boundary, is or is not subject to the restrictions on increasill"
2 density and/or intensity for the application filed.
3 « After 90 days of the adoption of the Board of County Commission resolution, Monroe
4 County will schedule the required public hearings for the FLn4 application requesting,
5 an increase in density and/or intensity, filed for the property within the MIAI bounda
7 Manr-ae Catint-N, may eansider- Ftit-tir-e land Use N4al± amendmen�s ch4 iner-ease dens4N--eF
8 ii4�ei4siF, �,N,4hii4 flie NUAI E)N'eF'-" '-p �"- pfepef4y E)JvN'i4ef Stibffi4s a seief4ifle sfudy, t4iii-i..
9 (1) OF (2) bek);A', 4) ShE)IVN, �h4 rho Stibje4 Qf-E)j3ef4N' 1S HE4 3vN'4h!fl a fIE)lSe ZOfle OF lafld ti
10 ifl6E)MV4ibi!if-Nafea base OR fhe tiSeS 13f-E)13E)Sed, base til3E)fl a FeSQW60fl adOwed bN' fhe BE)ftfrcl
11 Of C-E)tiflt-N' C-E)MMiSSiE)flef-S (BO-
12
13 The NASK3Al eammafidifi�4 affieer- E)r- his E)r- her- desi�oill 'de 6E)MMef4S, W4hifl 30
14 �E) Mafir-ae Catifit-N E)fi �he i3r-aigosed +E)m �he MlAkEtqj!��efi�s.
15
16 1) The S6&1646 St-tidN' Shall be 60fldti4ed ifl a66E)Fdaflee w4h 13f-E4SSiE)flq!!N' ageept-tcq,
17 OdE)10�4N' afld S-hE)tild be 60fldti4ed ifl a66E)f-dafl6e W4h rho fOlIE) ' I I . . iffl f-e6E)Mffleflded
18 S-ftf4dftr-ds �e ef4stir-e flia4 flie f3ar-eel is i4eifliii4 flie NUAI beeatise flie Heise leN,el is P;��i
19 CEHAH4 10 FandOM e4 24 hatir- meastir-emef4 stiR,
20 -V-f-4iE)+IS-
21 for- fi�ied 3VN4+1�4 and r-a�af-,, 3vN4+w air-er-aft �yiqieally deiq!Et±d �E) NASK3Al for- val '.'rr;;
22 dtif-4iE)+IS-.
23 "a-,,er-age" eefid4iefis eyer- �he 10 days-, 4 is r-equir-ed �ha4 da4ft-be
24 a6HHifed fOf- ea6h dife4iEffl Of ai.v-.t rho l3r-alger- (amll
25 jqer-eefi� fer- �he �Yvieftl air-er-aft delgleyed 4 NASKW.
26 e Ten (10) r-ejqr-ese+44.iyt±tt,�t� I far- es6m44w �he year-ly a�p,er-a�4e 4�
27 e A sample of 10 days pr-ovides an es6mge of rho aettial year-ly DNL (Day Ni*44
28 Aver-a�e Satind Leve!4, aeetir-4e +,E) w4hin 1 deeP&4-�, " i L I L- -0crccn eE)+if4de+iee-.
_r 17-
29 e Typieally depleyed is defffied based eff aft twvefifefy — R., ,Ve ef air-er-A—k+
30 tq 4 NASKIAI dtir-in�4 rho eeedin�4 Uear-, 3vN,4h rho 4ecitieney of �hOse cYftt2
31 beifiii� aii�r-eed �e by Getifi�y 4af*:pr-ier- �e �he st-udy beifig eefidtie�ed.
32
33 Alternatively, -, with a requested FLUM amendment,
34 supplemental noise study, based on professionally acceptable methodology, can be submitted
35 that was modeled using the Integrated Noise Model which has been adopted by the FAA as the
36 standard model used for Part 150 studies or NOISEMAP which is used by the Department of
37 Defense for modeling military aircraft noise for Air Installation Compatible Use Zone.
38
39 The Board of County Commissioners may condition a uantin of a resolution on a waiver of
40 liability against or indemnification of the County by the requesting property owner for any cause
41 of action or claim based upon the current or future uses and operations at NASKW.
42
43 Policy 108.2.6
44 For any application received after the effective date of thisj)olicy (insert eff-eeti;�r ,
45 within the MIAI overlay, Monroe County will not approve NEW land uses, as demonstrated on
1 the MIAI Land Use Table (permitted uses shown in Column 42), through a Future Land Use
2 Map, Text, overlay or LUD map amendment.
4 The MIAI Land Use Table provides the Future Land Use Map (FLUM) Categories (Column 1)
5 as of the effective date of this policy DATE and includes the permitted uses (Column 2),
6 allocated density per acre (Column 3), maximum net density per buildable acre (Column 4), the
7 floor area ratio (Column 5), and corresponding zoning category (Column 6) within each FLUM
8 cat�ry located within the MIAI boundary. Further the MIAI Land Use Table provides land
9 uses located within the 65-69 DNL Noise Zone 2 and NASKW's su"ested land use
10 compatibility within this noise zone. The table includes land uses allowed (Column 7), land uses
11 allowed with restrictions (Column 8), land uses that are generally incompatible but allowed with
12 exceptions (Column 9) and the land uses that are not compatible and should be prohibited.
13 Column 11 provides notes associated with Columns 7, 8, 9 and 10 and indicates that additional
14 land uses may be permitted based upon existing (as f r,4e provisions adopted within the
15 Comprehensive Plan (reference the MIAI Land Use Table attached as Exhibit 1).
16
17 Policy 108.2.7
18 Nonresidential land uses expressly allowed within the residential Future Land Use Categories
19 (see Column 11 MIAI Land Use Table) as land uses permitted in the Land Development
20 Realations that were in effect immediately prior to the institution of the 2010 Comprehensive
21 Plan (pre-2010 LDR's), and that lawfully existed on such lands on January 4, 1996, shall be
22 recognized through a "Letter of Development Rights Determination" process and transmitted to
23 the State Land Planning Agency.
24
25 Policy 108.2.8
26 Within the MIAI overlay, Monroe County may consider requests from property owners for
27 reduction in density and/or intensity or changes in uses that reduce incompatibility of land uses
28 with Goal 108 and associated Objectives and Policies.
29
30 IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE
31 PLAN, THE FLORIDA STATUTES, AND PRINCIPLES FOR GUIDING
32 DEVELOPMENT
33
34 A. The proposed amendment is internally consistent with the Goals, Objectives and Policies of
35 the Monroe County Year 2010 Comprehensive Plan.
36
37 B. The amendment is consistent with the Principles for Guiding Development for the Florida
38 Keys Area, Section 380.0552(7), Florida Statute.
39
40 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
41 with the principles for guiding development and any amendments to the principles, the principles
42 shall be construed as a whole and no specific provision shall be construed or applied in isolation
43 from the other provisions.
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(a) Strengthening local government capabilities for managing land use and development so that
local government is able to achieve these objectives without continuing 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) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
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 that development is compatible with the unique historic character
of the Florida Keys.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
proposed major public investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection, treatment, and disposal facilities;
3. Solid waste treatment, collection, and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly owned
properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate.
(i) Protecting and improving water quality by providing for the constriction, operation,
maintenance, and replacement of stormwater management facilities; central sewage
collection; treatment and disposal facilities; and the installation and proper operation and
maintenance of onsite sewage treatment and disposal systems.
(j) Ensuring the improvement of nearshore water quality by requiring the constriction and
operation of wastewater management facilities that meet the requirements of ss.
381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
central wastewater treatment facilities through permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources of the
Florida Keys.
(1) Making available adequate affordable housing for all sectors of the population of the Florida
Keys.
(m)Providing adequate alternatives for the protection of public safety and welfare in the event of
a natural or manmade disaster and for a postdisaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
maintaining the Florida Keys as a unique Florida resource.
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Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the
Principles for Guiding Development as a whole and is not inconsistent with any Principle.
C. The proposed amendment is consistent with the Part 11 of Chapter 163, Florida Statute
(F.S.). Specifically, the amendment furthers:
163.3175(4), F.S. - Each affected 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.
163.3175(5), F.S. - 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 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.
163.3175(6), F.S. - 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.
163.3175(7), F.S. - To facilitate the exchange of information provided for in this section, 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.
163.3175(9), F.S. - If a local government, as required under s. 163.3177(6)(a), does not adopt
criteria and address compatibility of lands adjacent to or closely proximate to existing
1 military installations in its future land use plan element by June 30, 2012, the local
2 government, the military installation, the state land planning agency, and other parties as
3 identified by the regional planning council, including, but not limited to, private landowner
4 representatives, shall enter into mediation conducted pursuant to s. 186.509. If the local
5 government comprehensive plan does not contain criteria addressing compatibility by
6 December 31, 2013, the agency may notify the Administration Commission. The
7 Administration Commission may impose sanctions pursuant to s. 163.3184(8). Any local
8 government that amended its comprehensive plan to address military installation
9 compatibility requirements after 2004 and was found to be in compliance is deemed to be in
10 compliance with this subsection until the local government conducts its evaluation and
11 appraisal review pursuant to s. 163.3191 and determines that amendments are necessary to
12 meet updated general law requirements.
13
14 163.3177(6)(a)3.a., F.S. - The future land use plan element shall include criteria to be used to:
15 a. Achieve the compatibility of lands adjacent or closely proximate to military installations,
16 considering factors identified in s. 163.3175(5).
17
18 163.3177(6)(a)11., F.S. - Local governments required to update or amend their comprehensive
19 plan to include criteria and address compatibility of lands adjacent or closely proximate to
20 existing military installations, or lands adjacent to an airport as defined in s. 330.35 and
21 consistent with s. 333.02, in their future land use plan element shall transmit the update or
22 amendment to the state land planning agency by June 30, 2012.
23
24 V. STAFF RECOMMENDATION
25
26 Staff recommends approval of the proposed amendments to create Goal 108, Objective 108.1, Policy
27 108.1.1, Policy 108.1.2, Policy 108.1.3, Policy 108.1.4., Policy 108.1.5, Policy 108.1.6, Policy
28 108.1.7, Objective 108.2, Policy 108.2.1, Policy 108.2.2, Policy 108.2.3, Policy 108.2.4, Policy
29 108.2.5, Policy 108.2.6, Policy 108.2.7, and Policy 108.2.8.
30
31 VI. PROCESS
32
33 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
34 Planning Commission, the Director of Planning, or the owner or other person having a contractual
35 interest in property to be affected by a proposed amendment. The Director of Planning shall review
36 and process applications as they are received and pass them onto the Development Review
37 Committee and the Planning Commission.
38
39 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
40 review the application, the reports and recommendations of the Department of Planning &
41 Environmental Resources and the Development Review Committee and the testimony given at the
42 public hearing. The Planning Commission shall submit its recommendations and findings to the
43 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
44 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
45 recommendation, and the testimony given at the public hearing. The BOCC may or may not
46 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to the
1
2
3
4
5
6
7
8
9
10
11
12
State Land Planning Agency, which then reviews the proposal and issues an Objections,
Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has
180 days to adopt the amendments, adopt the amendments with changes or not adopt the amendment
VII. EXHIBITS
1. July 11, 2011, Florida Department of Community Affairs (DCA) sent to Mayor Heather
Carruthers, regarding military compatibility criteria.
2. Summary of August 15, 2011, County meeting with Naval Air Station Key West staff.
3. Policy 108.2.6 MIAI Land Use Table
4. Monroe County ORC response
5. DEO ORC Report
r-
CTATE oF FLORIDA
DEPARTMENT OF COMMUNITY
"
,,Dedicated to making Florida a better place to call home
RICK SCOTT
Governor
July 11, 2011
Heather Carruthers, Mayor
Monroe County Board of County Commissioners
530 Whitehead Street
Key West, Florida 33040
Dear Mayor Carruthers:
AFFAIRS
BILLY BLIZZETT
Secretary
This letter requests your assistance in the development of military'coordination
goats, objectives, and policies within the Monroe County Comprehensive Plan. The
does not address compatibility of lands adjacent
current Future Land Use Element d to an
on
existing military installation. During the
legislative
provideslthat aelolcal governmentFlorida Statutes (FS) (attached)
that does not address compatibility o30land proximate to exisng milita2012, shall enternto med at oninstaconducted
llations in
its future land use plan element by June
pursuant to s. 186.509, F.S. Mediation would include representatives the State Land from
Platheg Naval
Air Station Key West (NAS Key West), Monroe County,
Agency, and the South Florida Regional Planning Council and potentially, other private
land owners.
The Monroe County Land Development Regulations, Section 130-121 (attached)
provide guidance regarding compatible uses, however, the regulations are based upon
studies conducted by the military in 1977.
system formain use In 1977 were not digitized
and were not in geographic information
The 1977 Air Installation Compatible Use Program (AICUZ) was developed by
the Department of Defense to provide information and guidance to local governments
regarding safety and evencompatibility
bon military luses for ands anerty d missions. cent to IltThe AICUZ
ry
installations and to prevent
also sought to balance the requirementabout aircraft noise and accident generated
airfields with community concerns
by the training.
2555• SHUMARD OAK BOULEVARD C TALLAH t SEE. FL32399.2100
850-488-84fib (p) 0 850-921-0781 (E)
IP) 850g27-1747In 0
0 COMM3NnY PLANNING HOUSING AND GOMMUN733 91EVEL0� ENT 850 4>f8-T956 850 422 SS23 (Ij
Page 2
Heather Carruthers, Mayor
July 11, 2011 '
Page 2
The primary factors of encroachment and compatibility that need to be addressed
within the comprehensive plan are the following:
Structure height,
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, and
Development is prohibited under the runway, under the clear zone (next to
the runway), and under the accident potential zones.
Military bases and activities in Florida provide an important contribution to the
State's 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 and visibility with little competition or delays in
obtaining air space make the Naval Air Station a very cost effective training center for
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 that predicts the impact of noise on a persons' health and welfare. Noise
levels are now delineated using the day -night average sound level and Sound Exposure
Levels. The noise contours are then presented on a map. Please see Figure 4-3 within
the attached study. For land use planning purposes, the noise exposure from aircraft
operations is divided into three noise zones ranging between 60-85 decibels.
Noise Zone 1 includes areas where less than 65 decibels of noise
will be achieved and noise attenuation is not required.
Noise Zone 2 includes 65-75 decibels with a noise level reduction
of at least 25 decibels. Normal 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 and 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
portions of Cow Key, Raccoon Key (Key Haven), Stock island and
all of Geiger Key.
■ Noise Zone 3 is more than 75 decibels and is the most severely
impacted area with the highest need for compatible land use
controls. Noise Zone 3 includes Geiger Key, East Rockland Key,
Page 3
Heather Carruthers, Mayor
July 11, 2011
Page 3
and a small portion of Stock island to the west of Boca Chica
Channel. See Figure 6-1. Permanent residential development is
discouraged in this zone with the exception of transient lodging that
can provide noise level reduction measures.
Table 6-2 of the attached AICUZ provides a list of acceptable
manufacturing, trade, transportation, communication and utility
related land uses that are acceptable in this zone with noise level
reduction measures. These recommended uses are far more
expansive than the land uses that have been adopted under the
Monroe County Future Land Use Map and Zoning designations.
The most relevant and appropriate data available for the County's analysis is
found in the 2007 Air Installation compatible Use Study (AICUZ) which is included within
this packet of information.
You will also find within the attached packet a copy of comprehensive plan goals,
objectives and policies that have been adopted by local governments within Florida to
address military base coordination. I hope the examples will be helpful in examining
how other communities have addressed compatibility of land uses adjacent to military
installations.
Additionally, Section 380.0552(7), Florida statutes contains the Principles for
Guiding Development (attached) for the Florida Keys Area of Critical State Concern.
Principle h requires that effectiveness,opment be and amortized life ovof the Key Wesin a manner t at protects the Naval value,
Naval Air Station.
on
efficiency, cost effe
My staff has worked closely with the County's plans examiners and local
applicants to ensue: that replacement housing applications provide sufficient noise level
reduction and sound attenuation to comply with the 2007 decibel requirements. This
procedure helps to prevent noise complaints from the home occupants and to avoid the
necessity of the Department filing appeals of development to the Florida Land and
Water Adjudicatory Commission. Protection of military bases from encroachment is an
issue that rises to the level of statewide significance. Figure 7-2 provides a clear map
delineating the noise zones. The majority of the land lies within a Noise Zone 2
requiring easily achievable inside sound attenuation.
With the recent -legislative changes to Section 163.3175, F.S. and the looming
July 2012 deadline, it is of utmost importance that the County review the 2007 Study,
evaluate the needed changes to the comprehensive plan and land development
regulations, and move forward to resolve military compatibility.
Page 4
Heather Carruthers, Mayor
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 regarding this
matter. It is very important to the Department that the County moves aggressively to
address this matter to forestall a requirement to initiate mediation in July of 2012. The
Department stands ready to assist 850 922-1766 for developingou in y in ormation our hat s compatibility
policies.
Please telephone Rebecca at
Sinceret ,
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
Enclosure(s)
Page 5
Heather Carruthers, Mayor
July 11, 2011
Page 5
Excerpts from Ch. 2011-139, 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 findings 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. 163.3177(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 criteria a addAdministrationg
n
compatibility by December 31, 2013, the agency may ty
Commission. The Administration Commission may impose sanctions
pursuant to S. 163.3184(8)(11). Any local government 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.
Page 6
Heather Carruthers, Mayor
July 11, 2011
Page 6
Monroe County Land Development Regulations
Sec. 130-121. - Air installation compatible use zones overlay (AICUZ)
(a)Generally.
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 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 regulate development and,
reduce public exposure of community activities, which are not
compatible with military airport operations.
(b)Restrictions for military airports.
Privately owned property adjacent to the Naval Air Station, Boca Chita,:
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.
(?)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 co_mpatibllity~for each land;
use in terms of density of population, density of structures, explosion`
Page 7
Heather Carruthers, Mayor
July 11, 2011
Page 7
hazards, air pollution height obstructions, accident potential zones,,.and
composite noise rating zones. The evaluation resulted in ratings of:
a. No new development;
b. Restricted new development; and;
c. No restrictions.
(3) Land use categories were rated as "restricted new development' if
any activity within the category were classified as incompatible. The
various AICUZ are coded as follows:;
a. A: Accident potential zone A (APZ-A), the most critical
accident potential zone;
b. 83: Accident potential zone B (APZ-B), the area that has art
identifiable accident potential but less than APZ-A, high noise
impact, CNR zone 3;
c. 132: Accident potential zone B (APZ-B) the area'has an,
identifiable accident potential but less than APZ-A, moderate
noise impact, CNR zone 2;
d. C3: Accident potential zone C (APZ-C), the area that is less
critical than APZ-B but still may possess potential for accidents;,
high noise impact, CNR zone 3;1
e. C2: Accident potential zone C, moderate noise impact, CNR
zone 2,
f. C1: Accident potential zone C, low noise impact, CNR zone 1;
g. C3: No accident potential zone; high noise impact, CNR zone!
3; and
h. C2: No accident potential zone, moderate noise impact, CNR
zone 2.
Figures A and B referenced in this section are not set out herein.
Page 8
Heather Carruthers, Mayor
July 11, 2011
Page 8
Chapter 380.06, F.S.
The Principles for Guiding Development:
(a) Strengthening local government capabilities for managing land use and development
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) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
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 Florida Keys.
(h) Protecting the value, efficiency, cost effectiveness, and amortized life of existing
and proposed major public investments, including:
The Florida Keys Aqueduct and water supply facilities; Sewage collection, treatment,
and disposal facilities; Solid waste treatment, collection, and disposal facilities;
Key West Naval Air Station and other military facilities;
Transportation facilities;
Federal parks, wildlife refuges, and marine sanctuaries;
State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
City electric service and the Florida Keys Electric Co. and other utilities, as appropriate.
Page 9
Heather Carruthers, Mayor
July 11, 2011
Page 9
(i) Protecting and improving water quality by providing for the construction, operation,
maintenance, and replacement of stormwater management facilities; central sewage
collection; treatment and disposal facilities; and the installation and proper operation
and maintenance of onsite sewage treatment and disposal systems.
0) Ensuring the improvement of near shore water quality by
requiring the construction and operation of wastewater management facilities that
meet the requirements of s. 313 381.0065(4)(1) and s. 403.086(10), as applicable, and
by directing growth to areas served by central wastewater treatment facilities through
permit allocation systems.
(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 alternatives 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.
Page 10
iVianroe Coun—Milita Com atibi1R
Corn rehensive Ptan Q is to provide for federally owned
Policy 101.4.14 The principal purpose of the Military land use category
u ems. Development densities and intensities are
to regulation
gulatities and y
lands used for military P requested to follow th
Monroe County- Military commanders will be
ified in Policy 101.4.22, consistent with natural resource constraints as N�'eSl as al
intensities as spec
County environmental design criteria.
ry is to rohibit
catego
Policy 101.4 .16 The principal purpose of the Airport District land
cational or other uses which are use
characterized . the pegu ar presence sence of
development of residenti„'t�n the hazard areas of civil and military airports•
large numbers of people planning of federal and state
Policy 104.4A Monroe County shall increase its participation in the resource p gMonroe
life refuges, military installations and other state or al forph se areas, val evaluate
owned parks, wild
shall review resource Plans, development pans and master plans preparedenvies. 9J-5.00b(3)(c)81
impacts on historic resources, and submit comments to the approPnate agencies. [ v'th the laps of the
i p
County shall coordinate all aviation or reSatean cmanagement plan prepared
Objective 5015 Mom planning
the Governor and Cabinet. the Florida
Federal Aviation Ad380. loti da i statutes
services. resource stem Planning Process
pursuant to Chapter 380. Florida Statutes and approved by'
Department of Transportation 5-Year Plan, and the Continuing Florida Aviation Sy
P
as adopted. [9j•5.009(3)(b)3l eration of the Key West airport with
Policy 501.5.4 Monroe County shall coordinate expansions and op
the U.S. Navy.
Monroe County shall seek joint use of the Boca Chico Naval Air Station or its preservation
Policy 501.5.5 M ceases to operate the base•
as a public airport ifthe L.S. Navy and/or Public
through the Planning Department, Land Authority determine the potential for
Policy 1201.83 t►ionroe County', arks.
Facilities Maintenance staff, shall contiinnue anon dre tuner bases neighborhood and community n Navy'•
use of Navy -owned Sands for activity Qe the construction of nevi' recreational fa shall
Through negotiations, the County shall he useaa residents. The County
red for use by County residents. If
owned lands, and shall strive to secure ans for any newof efacilities iipropo es for County of-5.014 dents. and Sj
also review and comment on the p agreement with the U.S. Navy. [-
necessary, the Count` shall enter into an interlocal
Monroe County shall coordinate all aviation or related facilities tpathe n prepared
ns of the
Policy 1301.4.5 M note resource panning and management
Federal Aviation Administration, military by the Govemor and Cabinet, the Florida
pursuant to Chapter 380, Florida Statutes and approved
5-Year Plan, and the Continuing Florida Aviation System Planning roves
Department of Transportation
as adopted. [9j-5.015(3)(b)3J West airport with
'c 130].4.8.Monsoe County shall coordinate expansions and operation of the Key
the U.S. Navy.
Page 11
��
MILITARY INFLUENCE AREAS
COMPRERNSIVE PLAN POLICIES
(Compiled by WB: last updated 3J 10 2409)
BAY COUNTY
i Pror oitzd)
Policy 3.12.3 The County shall notify notify the commanding officers (or their appointed
representatives) of Tyndall Air Force Base and Naval Support Activity Panama City of
am- development proposals which meet or exceed the standards provided in Chapters 17
and 13 of the Bay County Land Development Regulations which are proposed Nvithin
one -quarter mile of said facilities andhall Colder their 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
(Amendment 11'- I1.R- ordinanee 06.34. 1019.2006)
Objective 1.15 The County shall assistCenterbcoordinating maintaining
with Camp Blanding Joint
ility
of the Camp Blanding Joint Training Y.
Training Center so that development within the Camp Blanding Military Zone as
depicted on the Future land Use Plan Map will minimize the impacts to the current and
long Icrm uses of the Camp Blanding Joint Training Center.
,NOTE: The CB%1L is generally three (3) miles wide.]
B REVARD COUNTY
lAdopled h} Ordittanee 08-31 un 8."28" 08::\mcndmem
fficer of
Policy 16.1 Brea and County shall transmit to pe Che Commanding omprehensiveOPlan. plan amendments,
information relating to proposed changes to
and proposed changes to land developmtemit t Innd south tgulations ithe Pp rovededa Cause `ay, would affect
the density, intensity or use of land on
ESCAMBIA COUNTY
(Adapted b; Ordinsmce 200J'3 on 12;9.04: Amendment 04-III-11
Page 12 _® �
Polic 7.A.9. is Create Airfield Influence Plannin Districts
oavners and rotecan use {1C41U1 12G.-11
-
to the bases. The districts and the ecomMended conditions for each are as follows:
Airfield Influence i iannnj - • —
Z nes Accident Potential Zones a-d noise contours of 155 l do and higher,
where a ro riate swell as other areas near and in some cases abuttin the
airfield. Conditions recommended for the AIPD•1 districts are:
1. Densi f restrictions and land use re ulaty with
airfield operations; and
2. Mandato referral of all develo ment a olications to local Na officials
for review and comment within ten workin days: and
3. Re uired dedication of avioa!:on easements to the coun for subdivision
a royal and buildin ermit issuance, and
4• Re uired sound attenuation of buildings with the level of s and rotectian
basad on noise exposure: and
5. Re uired disclosure for real estate transfers.
Mandato referral of all de.,elo ment a lications to local Na oMclals
for review and comment +-sthin ten workino days: and
3. Re uir d sound attenua::on of buildin s with the level of sound rotectio
ba gd on noise exposura: and
4. Re uired disclosure for real estate transfers• and
Page 13
i
HIGHLANDS COUNTY
(Adap►ed b., 0rdin mce 05-06-53 on 9' 13 06. Amendment 06-1)
Policy 13.1 MILITARY AIRPORT ZONES (%-IAZ)
A. Land development Regulations will be adopted to implement the funding of a
,taint Lana Use Study (1I,LUS). Upon completion of the Joint Land Cse Study
(JLUS), the Count}' will consider adopting amendments for the folloNNin&:
The County will establish Military Airport Zones (<tAZ) that will serve as
overlay districts, within which growth 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.
B. For Avon Part Air Force se Zones (AICUZ) and noange, the %IAZ ise zones adopted by he
will encompass all Air
Installation Compatible
military installation.
C. MAZ boundaries will appear on the Future Land Use Map Series. .
HOMESTEAD
(propuxd Arnendtnenl n8--'_liR. OKC Im1 ubja ipns) i�sucd on ((, 10 09)
Policy 13.1 Adopt the 11omestead Air Reserve Base Military Zone (HARBMZ) as an
overlay of the Future Land Use Map. The HARBMZ is to consist of a series of sub -areas
()f geographic concern around the HARB: including noise contours of 65 DNL or higher;
Clear Zones, Accident Potential Zones 1 and Accident Potential Zones II.
JACKSONVILLE-DUVAL COUNTY
(Adopted h-% Ordinance 2008-7964: on 9 23,118. amendmtnt 08-3RA)
Transportation Element Definitions:
Military Influence Zones:
Known as Airport Notice Zones in the Land Development Regulations. They encompass
all lands within accident potential zones, the light regulation zone (OLF Whitehouse
only). the 60-64.99 DNL noise contdoCQri'm�ts`icface eon as shown on �ione hundred flf�y (I io) ap Le22 wight ithin
h'tn
nd
I Iaz<zrd Zone or inner horizontal an
the Future Land Use Element. They apply to \AS Jacksonville. \S mayport and OLF
Whitehouse.
Page 14 3
LAKE COUNTY
(draft approved by LPA on 1/30/2009)
Police 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 Map Series. The Pinecastle MOA Overlay District (Pinecastle MOA) shall be
;depicted in the Future Land Use Map Series. The Pinecastle MOA is the area of the
County within which review comments on proposed Comprehensive Plan amendments,
proposed Land Development Regulations changes, development orders and ppperm1ts will
be sought front the Military'. Within the Pinecastle MOA. the County wili a 1 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
(11ropo.ed Amendmetu 06-1. ORC (no objec::ons) is!ucd on W10 06)
Policy 7.2: The County shall ensure that future development within the adopted Military
Operating Area will not negatively impact current and long-term use of the military
installation. will promote health and welfare by limiting incompatible land uses, and
allow 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 I and 2
`IOAs]
MEXICO BEACH
(.W,•pt�.d i,,) t)rdinances No. 512 and i 13 en 9 13 '. is dues nui address tntire city: amendment 06-t )
Policy I.I.5(B): The following sub -area policies shall apply to the 550-acre property
referenced in the comprehensive plan amendment which ,,vas adopted by the City through
Ordinance'-.513 on September 12. 2006:...
OKALOOSA COUNTY
(Me,pted by Ordinance 05-84 on 9.6.21705. Arner.:ment 03-1)
Policy 13.1: There is hereby established the "Eglin AFB North Encroachment Protection
Zone" (ENEPZ) as a special overlay zone on the Future Land Use Map (FLUI). The
area included in the ENEPZ shall be all lands and waters situated between Interstate 10
(1-10) south to the northern boundary of Eglin AFB.
Page 15 --�� 4
rM
PARKER
(.Adopled b;. Ordinarcr 07-316 on 3iNV. Amrrdm:nt 07-RI)
Policy 1.13: The Cite shall incorporate by reference the then current version of Air
Installation Compatible Use Zone (AICUZ) neap for Tyndall Air Force Base as an
overlay on the Future Land Use 1,lap.
PUTNAM COUNTY
(Pmp)ad Amendment i1'-I ill: ORC (abjectians) issued 11'21'07)
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,vithin
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 FLUM,
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 -tens viability of the existing military facilities.
:\ll such land use requests shall be referred to the designated military officials for review
and comment.
SANTA ROSA COUNTY
tAdoptal by 0 ,'in,tace Z-60-03 on 3 AIM AmcnJment 03-MI)
Policy 3.).A.1: The County hereby establishes military airport zones (MAZ) and public
airport zones (PAZ) that kill serve as overlay districts, within which growth 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.
For Naval Air Station Whiting Field North 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 Chocta v, MAZ
boundaries encompass 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.
Page 16_--
Exhibit 2
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Christine Hurley, AICP, Growth Management Director
From: Mayte Santamaria, Assistant Director of Planning & Environmental Resources
Date: August 24, 2011
Subject: Summary of August 15, 2011 Meeting with Naval Air Station Key West
Summary our discussions with Naval Air Station Key West (NASKW) on August 15 2011:
1. County staff received an overview of the military installation operations.
2. NASKW identified the concerns and desired outcomes related to military compatibility
NASKW staff:
1. For new development:
a. would accept existing density and intensity of the Future Land Use Map, with the
corresponding text, with sound attenuation
b. would not ask Monroe County to deny permits for any development, within AICUZ or
noise contours if properties have development rights on Future Land Use Map or Land
Use District (Zoning) Map.
2. For redevelopment:
a. would accept existing density and intensity of the Future Land Use Map, with the
corresponding text, with sound attenuation
b. would not ask Monroe County to deny permits for any development, within AICUZ or
noise contours if properties have development rights on Future Land Use Map or Land
Use District (Zoning) Map.
3. Would be willing to support the following land use compatibility strategies that Monroe County
could adopt as Comprehensive Plan policies:
a. Monroe County would not approve Future Land Use Map amendments that would
INCREASE density or intensity within 65 DNL and above.
b. Within a designated Area of Military Influence, Monroe County would not approve NEW
USES (over and above those already permitted) which are individually excluded from a
noise zone within the (Table 6-2) 2007 AICUZ, that are not already permitted within a
1
Future Land Use Category or Land Use District (LUD) category, through a Future Land
Use Map, Text, overlay or LUD map amendment.
4. Related to sound attenuation disclosure: NASKW will be providing information on disclosures
other communities make related to noise zones. Once the County receives this information, the
County will review together and determine how that could work
To determine 43B above, Monroe County staff would need to take the Noise Zone Contours and create a
table within each noise zone that demonstrates each FLU category and LUD category with permitted use
information.
For example:
Uses within
table 6-2 not
permitted within
Noise
FLU
FLU
LUD
LUD
each noise zone
Zone
Residential Low
Industrial
Suburban
Maritime
(over and above
Residential
Industrial
those permitted
in the
FLUM/LUD)
Uses Permitted:
Uses Permitted:
1. Residential
1. Manufacturing
2. Public
2. Warehouse
3. Institutional
3. Distribution
X,
1
4. Vested existing
4. Commercial
Etc.
Etc.
Y,
uses from 1996
5. Public
Z,
6. Residential
7. Commercial
Fishing
NASKW will provide the following:
1. August 15, 2011 Meeting slide show
2. Noise Study Navy used to develop 2007 AICUZ (if it can be released)
3. EA Correctness finding (DODIG)
4. Map showing geographic area impacts [decreases and increases] (1977 AICUZ to 2007 AICUZ )
5. Escambia County and other area disclosure examples
6. Table 6-2 from the 2007 AICUZ in Excel format
7. Inventory of Navy owned land within 80 DNL and 85DNL (maps and ownership — if not Navy
owned, provide property owner information)
8. 1979 resolution where County required disclosure in Big Coppitt
Monroe County will provide the following:
1. 2003 Ordinance when 1977 AICUZ boundary and land use table was amended to determine
differences.
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Exhibit 4
MONROE COUNTY ORC RESPONSE
The Department of Economic Opportunity had the following objections and comments to the Monroe
County proposed comprehensive plan amendment (DEO No. 12-IACSC):
DEO 01bjec Lion I: Monroe County Policy 108.2.1 establishes a Military Installation Area of Influence
(MIAI) irithin irhich groirth management policies shall guide land use activities and uses In areas
exposed to impacts generated by Navy operations. Policy 108.2.5 provides that Monroe County hill
maintain the FL UM designations and their associated densities and intensities in the MIAI. However,
Policv 108.2.5 also provides that increases in density or intensity may be considered if the property
owner submits a scientific study using one of tiro options to show that the suNectproperty is not within
a noise Zone or land use incompatibility area.
The policy and the accompanving MIAI map fall to establish meaningfid and predictable guidelines and
standards for the use and development of land and fail to provide meaningful guidelines for the content
of more detailed land development and use regulations because (1) the terms "noise zone " and "land
use incompatibility area" are not de
fr'ned; and (2) these areas are not depicted on the MIAI map.
Authority: Section 163.3175(1) and (5), 163.3177(1) and (6)(a)2.f. and 3.b, and 380.0552(7)(a), Florida
Statutes, (F.X)
DEO Recommendation: The County should revise the amendment to define noise zones and land use
incompatibility areas based upon relevant and appropriate data and analysis, including the 2007
AICUZ ,Study, and identifv appropriate uses and development controls to achieve compatibility. The
revision should include mapping the noise Zones and land use incompatibility area more speciflcally
than the MIAI overlay. The County should also identifv the accident potential zones and clear zones
within the Military Installation Influence Area and propose suitable uses in these zones consistent with
the uses identified in the Air Installation Compatible Use Zones Study for NAS--Kev West.
COUNTY ORC RESPONSE: Pursuant to Section 163.3175(4), F.S., Monroe County has defined a
zone of influence of the military installation as an overlay to the Future Land Use Map, titled the
Military Installation Area of Impact (MIAI). The MIAI overlay area was established by reviewing
various maps and data of the 1977, 2004 and 2007 AICUZ reports, including noise boundaries, crash
zones, facilities location maps, etc [see Exhibit A]. It is important to note that neither 163.3177(6)(a)3.a.
nor 163.3175, F.S., require the adoption of specific noise or safety boundaries but simply require
coordination with the commanding officer, "within areas defined in the local government's
comprehensive plan as being in a zone of influence of the military installation" (see Section
163.3175(4), F.S.).
Monroe County has determined, and the Navy has agreed (see proposed Policy 108.2.3 and 2007
AICUZ excerpts), that the existing map designations and associated density/intensity standards provide
for appropriate uses and development controls to achieve compatibility. For example, the 2007 AICUZ
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR MONROE COUNTY
PROPOSED COMPREHENSIVE PLAN AMENDMENT (DEO NO. 12-IACSC)
Page 1 of 14
states: "Pressure to make significant changes in future land use are expected around NAS Key West. In
addition to limited population growth, most of the land is already developed or compatibly zoned (Page
7-14)."
As such, Monroe County determined that the "noise zones" and "land use incompatibility zones," the
Navy uses as the basis for its comments on comprehensive plan amendments does not need to be
depicted on the MIAI overlay to the FLUM, as these "boundaries," fluctuate based upon changes to
aircraft types, NASKW operations, etc. (see excerpts of 2007 AICUZ and excerpts from Monroe County
Technical Document below) and this makes the boundaries unpredictable for the County and the
property owners in the zone of influence.
The County recognizes that NASKW will base its evaluation and comments on Navy documentation,
which may include the 2007 AICUZ report or subsequently revised reports. The statutes, however,
contemplate local government discretion in defining the zone of influence it deems appropriate based on
local knowledge, experience and conditions.
This approach was discussed and agreed to months prior to the County's transmittal. At the August 15,
2011 initial meeting with NASKW staff, Mr. Ron Demes, discussed the AICUZ revisions from 2004 to
2007, which included changing the flight patterns (operational change of flying tighter turns) due to
discussions with Rebecca Jetton (DCA) and Marlene Conaway (former Monroe County Planning
Director) regarding an agreement between DCA and the property owner of Enchanted Island (Raccoon
Key) [see Exhibit B, a map depicting the change between the 2004 and 2007 AICUZ].
Pursuant to the Final Submission AICUZ Update for NAS Key West, March 2007, (Executive
Summary, page 1):
"In May of 2004, an AICUZ Update for NAS Key West was approved by the Chief of
Naval Operations. The AICUZ Update superseded the 1977 AICUZ and addressed
aircraft noise, aircraft safety, and land use compatibility in the vicinity of the installation.
Continued dialog between NAS Key West command, local government and community
officials in the City of Key West and Monroe County with respect to the 2004 AICUZ
Update resulted in this document. This document is an update to the 2004 AICUZ
study... As a part of this AICUZ Update, a noise study was conducted. The noise study
contains calendar year 2001 (CY01) and 2007 (CY07) noise contours for aircraft
operations associated with the use of NAS Key West. The noise contours depicted in the
2001 AICUZ here updated to reflect the operational alternative of shortening the
approach and pattern to Rum ray 07. The result is a pull -back in the contours near Kev
Haven, Raccoon Kev, and Stock Island "
(Introduction, Pages 1-4 and 1-5): NAS Key West entered into dialog with the local
government officials regarding the 2004 AICUZ update per Chief of Operations approval
letter of May 25, 2004. The flight track for the approach to rnmvav 071vas subsequently
shortened from the standard flight track used This change had a negative impact on NAS
Kev West air operations but was modified by the Navy due to several key factors. The
factors include: the majority of operations using the airfield are by tactical military
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR MONROE COUNTY
PROPOSED COMPREHENSIVE PLAN AMENDMENT (DEO NO. 12-IACSC)
Page 2 of 14
aircraft capable of tighter turns; pilots using the airfield are experienced in tactical
maneuvers; weather for Boca Chica Field provides for 97% VFR flight conditions; and
the pattern could be managed through a modification of course riles, thorough flight
briefings and aggressive air traffic control procedures. As discussed later in the
document, a flight track only approximates the center of a flight pattern that actually
represents a band of flights generated when using a particular approach or pattern.
Depending an types and numbers of aircraft using a particular pattern and various other
factors, the track may vary signlflcantly. This variance hill occasionally result In a flight
outside the band. It should be noted that if the type and numbers of military aircraft
currently operating from NAS Kev West changes in the f tture, the impact of this flight
track reduction may prove to be more severe thus causing the Navy to revisit the flight
track for Rum ray 07. "
Additionally, the 2010-2030 Monroe County Technical Document (FLU Page 108-109) states:
"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 here not evaluated
by the Navv's EA in accordance with the National Environmental Policv Act (NEPA).
For example, the EA purported to evaluate the impacts of the ,Si per Hornet aircraft,
hoirever, evidence of this is not found in the report. Specifically, the Super Hornet
aircraft leas 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 F/A-18E/F 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 F/A-18E/F 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 LDC and is not utilized by the County 1rhen considering
development applications.
The Navy is currently undertaking an Environmental Impact Statement (EIS) to evaluate
alternatives for future airfield operations at NAS Key West. If properly undertaken, the
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR MONROE COUNTY
PROPOSED COMPREHENSIVE PLAN AMENDMENT (DEO NO. 12-IACSC)
Page 3 of 14
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 Draft EIS
was scheduled to be released by the Navy during the summer of 2011, but has been
delayed to the summer of 2012. The Final EIS and Record of Decision are scheduled for
spring and fall 2013 respectively."
PROPOSED POLICY REVISION TO ADDRESS DEO OBJECTION #1:
Policy 108.2.1
Monroe County shall adopt an overlay to the Future Land Use Map Series identifying the
Military Installation Area of Impact (MIAI) to define the zone of influence of NASKW, within
which growth management policies shall guide land use activities and uses in areas exposed to
impacts generated by Navy operations.
* Also see Policy 108.2.5 — for revisions to address land use incompatibility zones
DEO 01bjec Lion 2: policy 108.2.5 provides that Monroe County may consider f lture land use map
amendments that increase density or intensity irithin the MIAI overlay if the property owner submits a
scientific study iltilizing either of nro Speclfled methodologies to sholy that the suNe,ct property is [lot
within a noise zone or land use incompatibility area based on the uses proposed
The Department has received a letter from NA,S-Kev West objecting to the first optional methodology
under policy 108.2.5. According to the Navv's written objection, option one is intended for
civiliancommercial air operations and does not use the methodology accepted by the Department of
Defense for military air operations and this methodology is not valid when applied to the NAS-Kev West
air operations.
The second option would employ the Integrated Noise Model adopted by the FAA or NOL, EMw AP hich
is used by the Department of Defense to demonstrate that aparcel of land is within a noise contour level
that produces less than 65 decibels of noise.
The Department objects to option one because the methodology specified is not professionally accepted
for the purpose intended; i.e., it is not an appropriate methodology for determining noise zones for a
military installation. The Department also objects based on the creation of an internal inconsistency
because both methodologies rely solely on noise levels In making a determination regarding lvhether
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR MONROE COUNTY
PROPOSED COMPREHENSIVE PLAN AMENDMENT (DEO NO. 12-IACSC)
Page 4 of 14
increases in density and intensity can be alloired and fall to take Into account land 11se incompatibility
areas, which is one of the criteria that the policy requires to be addressed
Authority: Sections 163.3175(1) and (5), 163.3177(1)(p, 163.3177(2), 163.3177(6)(a), and
380.0552(7)(h).4, EX
DEO Recommendation: The County should revise the policy to include a professionally acceptable
methodology applicable to military air operations. The County should also revise both methodologies to
account ,for land use 1nCol�?patlblllty areas. The Departrecommends' the �1ounty use or adopt the
2007 A1CUZ Vudv.
COUNTY ORC RESPONSE: For the land use incompatibility zones, Monroe County is proposing to
revise the policy to clarify that the County will consider comments from NASKW on the proposed
amendment, based on appropriate data and analysis, indicating whether the property is located within a
NASKW land use incompatibility zone and whether, on a case -by -case basis, NASKW believes the
proposed density or intensity increase is incompatible with its operations. The County recognizes that
NASKW will base its evaluation and comments on Navy documentation, which may include the 2007
AICUZ report or subsequently revised reports.
For the noise zones, based on our discussions leading up to the proposed comprehensive plan
amendments, the County, DEO and NASKW previously agreed that studies could be conducted to show
that a particular property, in fact, is not in a NASKW noise zone. Indeed, as noted, the assumed noise
and safety contours produced by the Navy change frequently; twice in the last nine years and the Navy is
underway with an EIS, as stated previously.
The County has amended Policy 108.2.5 to provide a mechanism for the Navy to provide input into
whether or not a property owner needs to conduct a noise study. First, the Navy will be included in the
review of any request for increase in density and/or intensity. Next, if the Navy finds and notifies the
County during the review process, that the site requesting a density and/or intensity increase is within an
area the Navy indicates is in 65 DNL or greater, the Navy may notify the County of such, and include
data and analysis indicating same.
If the property owner disagrees with this Navy interpretation, the property owner will have two (2)
optional noise study methodologies they can pursue:
Option I lays out a specific process for allowing a property owner that believes his property is not
within a noise zone to submit a supplemental, site -specific noise analysis, based on a professionally
acceptable methodology, to determine whether the site is located within a 65 DNL or greater, in which
case, it should not be recommended for increased density or intensity. The Navy will have the ability to
review the study conducted by the property owner and if the Navy agrees that the study was conducted
by a professionally acceptable methodology, the property owner may move forward in the public
hearing process. If the Navy does not agree that the study was conducted by a professionally acceptable
methodology, the Navy will provide written comments indicating so and will provide data and analysis
indicating the density and/or intensity should not be recommended to the Board of County
Commissioners for any increase.
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR MONROE COUNTY
PROPOSED COMPREHENSIVE PLAN AMENDMENT (DEO NO. 12-IACSC)
Page 5 of 14
The process for Policy 108.2.5 using Option 1 is as follows:
Policy 108.2.5 Process:
1. Applicant submits FLUM application requesting an increase in density or intensity
2. County send application to NASKW
3. NASKW, within 30 days, says whether property is located within a noise zone or land use
incompatibility area and whether the proposed density or intensity increase is incompatible with
NASKW.
A. If within land use incompatibility zone:
a. based on data & analysis, staff recommend denial
b. encourage the Navy to purchase property
c. proceed with public hearings
B. If within a noise zone:
a. based on data & analysis, staff recommend denial
i. encourage the Navy to purchase property
ii. proceed with public hearings
b. Applicant can choose to do supplemental noise study
i. Applicant submits supplemental noise study
ii. County reviews for "professionally acceptable methodology"
iii. Navy reviews for "professionally acceptable methodology" — have 9 months
to agree with study & methodology
1. Navy says not professionally acceptable methodology, based on data
& analysis
a. County considers & includes NASKW comments and make
staff recommendation to BOCC
b. proceed with public hearings
2. Navy agrees professionally acceptable methodology, based on data &
analysis
a. Noise study says equal to or greater than 65DNL
i. County considers & includes NASKW comments and
staff recommendation of denial to BOCC
ii. proceed with public hearings
b. Noise study says less than 65DNL
i. County considers & includes NASKW comments and
staff m�recommend approval to BOCC (pending
other issues — concurrency, environmental issues, etc)
ii. proceed with public hearings
It is further anticipated, based on the Navy's assurance, that the Navy and Monroe County will develop
a professionally acceptable methodology, which the County will include within the Technical Document
to the Comprehensive Plan. This methodology will then be available for property owners to use if
seeking increased density and/or intensity through a Comprehensive Plan amendment.
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR MONROE COUNTY
PROPOSED COMPREHENSIVE PLAN AMENDMENT (DEO NO. 12-IACSC)
Page 6 of 14
Option 2, as requested and provided by NASKW staff, allows a property owner to submit a
supplemental noise study, based on professionally acceptable methodology using Integrated Noise
Model which has been adopted by the FAA as the standard model used for Part 150 studies or
NOISEMAP, which is used by the Department of Defense for modeling military aircraft noise for Air
Installation Compatible Use Zones.
This option has been included at the request of NASKW and the County has proactively and
continuously reached out, since September 2011, to the NASKW staff, to request the data necessary to
conduct this alternative. To date, NASKW has not supplied any additional information and states "we
do not have the data files at NAS Key West" (email from Gail Kenson, October 6, 2011). As such, the
County cannot evaluate the Integrated Noise Model or NOISEMAP modeling option (Option 2) and
cannot obtain the data for these models. Currently, the County cannot determine if the Navy's requested
methodology is a feasible option, as it does not appear the County or an applicant can get the necessary
data to complete the analysis. The County may not be able to implement the second optional
methodology; however, we have included it since NASKW has indicated they will provide the
information in the future.
PROPOSED POLICY REVISION TO ADDRESS DEO OBJECTION #2:
Policy 108.2.5
Monroe County will maintain the Future Land Use Map (FLUM) designations, for any
application received after the effective date of this policy 4nse �e6ye D ^ T-F-4 for properties
located within the MIAI overlay. FLUM amendments that increase density and/or intensity
within the MIAI overlay received after the effective date of this policy 4nse4 off e6ye D ^ TIE4
are not permitted unless Monroe County transmits the requested FLUM amendment to NASKW,
pursuant to Policy 108.1.1. Within 30 days of receipt, the NASKW commanding officer or his or
her designee, may provide comments on the proposed amendment, based on appropriate data and
analysis, to Monroe County indicating whether the property is located within a noise zone or
land use incompatibility zone and whether the proposed density and/or intensity increase is
incompatible with NASKW.
If NASKW indicates the property is within a noise zone, Monroe County may consider Future
Land Use Mab amendments reauestinu an increase in densitv and/or intensitv within the MIAI
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR MONROE COUNTY
PROPOSED COMPREHENSIVE PLAN AMENDMENT (DEO NO. 12-IACSC)
Page 7 of 14
noiseoverlay, if the property owner submits a supplemental noise study, based on professionally
accepted methodology approved by Monroe County and NASKW, to determine whether the
property i reguesting the proposed FLUM amendment..
County will schedule the reguired public hearings for the Fl-nj application reguestin"
increasean in densitv and/or intensity, filed for the property within the MIAI boundary.
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR MK}NR(}BCOUNTY
PROPOSED COMPREHENSIVE PLAN AMENDMENT (}BONO. |2'|ACSC)
Alternatively, , with a requested FLUM amendment, a
supplemental noise study, based on professionally acceptable methodology, can be submitted
that was modeled usin4 the Inteuated Noise Model which has been adopted by the FAA as the
standard model used for Part 150 studies or NOISEMAP which is used by the Department of
Defense for modelinu military aircraft noise for Air Installation Compatible Use Zone.
The Hoard of County Commissioners may condition a granting of a resolution on a waiver of
liability against or indemnification of the County by the requesting proyerty owner for any cause
of action or claim based upon the current or future uses and operations at NASKW.
) O 01bjec Lion 3: The NAS-Kev West installation in the Florida Kevs is an important state resource
and is specifically indentified✓for protection in the Florida Kevs AC,S'C Principles of Guiding
Development. The NAS-Kev West contributes over S536 million annnal1v to the Kevs
economy. Department staff have conducted public workshops regarding Joint Use studies. Staff have
written and met with the elected bodv encouraging the adoption of military Strategies to prevent
encroachment that could affect the ability of the Naval Air Station-Kev West to carry out its mission.
,Sections 163.318 l(1)(b) and 380.0552(7), Florida ,Statutes, provide that any plan amendment must be
consistent with the Principles for Guiding Development in designated areas of critical state concern.
Section 380.0552(7)(h) l establishes the following Principle for the Florida Kevs ACSC: Protecting
the value, efficiency, cost effectiveness, and amortized life of existing and proposed major public
investments, including ... Key West Naval Air Station and other military facilities. " As proposed the
amendment is inconsistent with this Principle.
Policv 108.2.5 does not address public safety concerns as provided for in Section 163.3175(1), F.S. and
the Principles for Guiding Development (380.0552(7)(n), EX). Principle (n) provides that proposed
plan amendments must be consistent with protecting the public health, safety, and welfare of the citizens
of the Florida Kevs and maintaining the Florida Kevs as a unique Florida resource.
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR MONROE COUNTY
PROPOSED COMPREHENSIVE PLAN AMENDMENT (DEO NO. 12-IACSC)
Page 9 of 14
Authority: Section 163.3181(1)(b), ,Section 380.0552 (7) and (7)(h) t. and (n), and &,ction 163.3175
DEO Recommendation: The County should amend the policies to ensure the protection of the Kev West
Naval Air Station.
COUNTY ORC RESPONSE: Monroe County recognizes that DCA has held prior workshops on Joint
Land Use Studies (JLUS) and has written letters to encourage the adoption of military strategies to
prevent encroachment. Further, the County recognizes that some local governments use a JLUS and/or
a specific AICUZ report, as default criteria or to define their zones of influence; however, existing
conditions on the lands adjacent to or closely proximate to NASKW require particular consideration of
competing public policies, which Chapters 163 and 380, F.S., recognize. In fact, Objection 3 of the ORC
Report recognizes these varied and sometimes competing public policies: protection of the Kev West
Naval Air Station vs. protection of the public health, safeiv, and welfare of the citizens of the Florida
Kevs.
Although DEO is objecting to the approach the County has developed and, even though, other "affected
local governments" may choose different approaches, the County's proposed amendments are not
inconsistent with the Principles for Guiding Development (PGD). As Section 380.0552(7), F.S., states,
"for the purposes of reviewing the consistency of the adopted plan, or any amendments to that plan, with
the principles for guiding development, and any amendments to the principles, the principles shall be
construed as a whole and specific provisions may not be construed or applied in isolation from the other
provisions." The County considered the legislative intent of the Area of Critical State Concern
designation and drafted policies to balance the various objectives within PGD. In particular, the
proposed policy implements the following PGD:
(a) Strengthening local government capabilities for managing land use and development so that local
government is able to achieve these objectives without continuing the area of critical state concern
designation.
(d) Ensuring the maximum -,-,-ell-being of the Florida Keys and its citizens through sound economic
development.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
ensuring that development is compatible with the unique historic character of the Florida Keys.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
public investments, including:
I. The Florida Keys Aqueduct and water supply facilities;
2. SeN-,-age collection, treatment, and disposal facilities;
3. Solid N-,-aste treatment, collection, and disposal facilities;
4. Kev West Naval Air Station and other militaiN- facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly oN-,ned properties;
8. City electric service and the Florida Keys Electric Co-op and
9. Other utilities, as appropriate.
(k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
(1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR MONROE COUNTY
PROPOSED COMPREHENSIVE PLAN AMENDMENT (DEO NO. 12-IACSC)
Page 10 of 14
(n) Protecting the public health, safety, and N elfare of the citizens of the Florida Keys and maintaining the
Florida Keys as a unique Florida resource.
Section 163.3164(9), F. S., defines compatibility as "a condition in which land uses or conditions can
coexist in relative proximity to each other in a stable fashion over time such that no use or condition is
unduly negatively impacted directly or indirectly by another use or condition." The County's
amendments simply provide an opportunity for individual property owners to show that, in fact, their
proposed request is compatible with the Navy's operations. Neither the definition of compatibility nor
any other statutory provision cited, preclude a private property owner from providing data to indicate a
proposed use or development is noise -compatible.
As noted in the 2007 AICUZ (pg. 7-15), development existing around the airfield tools place prior to the
recognition of the 1977 AICUZ. Many of these property owners have vested rights, which the County
and NASKW recognized in the initial meeting held on August 15, 2011. NASKW personnel present at
that meeting included: NASKW Commanding Officer Patrick Lefere, Executive Officer Greg Wilson,
Ron Demes, Gail Kenson, Richard Ruzich, etc. At this meeting the parties agreed to the following
parameters, which were the basis for the policy framework Monroe County developed in concert with
former DCA Secretary Billy Buzzett, Division Director Tom Beck, ACSC Administrator Rebecca Jetton
and DCA Attorney Richard Shine, as follows:
` NA,SKW staff.
L For neir development:
a. would accept existing density and intensity of the Future Land Use Map, with the
corresponding text, with sound attenuation
b. would not askMonroe County to deny permits for anv development, irithin AICUZ
or noise contours if properties have development rights on Future Land Use Map or
Land Use District (Zoning) Map.
2. For redevelopment:
a. would accept existing density and intensity of the Future Land Use Map, with the
corresponding text, with sound attenuation
b. would not askMonroe County to deny permits for anv development, irithin AICUZ
or noise contours if properties have development rights on Future Land Use Map or
Land Use District (Zoning) Map.
3. Would be willing to support the following land use compatibility strategies that Monroe
County could adopt as Comprehensive Plan policies:
a. Monroe County would not approve Future Land Use Map amendments that would
INCREASE density or intensity irithin 65 DNL and above.
b. Within a designated Area of Military Influence, Monroe County would not approve
NEW US'E,S (over and above those already permitted) which are individually
excluded from a noise zone within the (Table 6-2) 2007 AICUZ, that are not already
permitted within a Future Land Use Category or Land Use District (LUD)
category, through a Future Land Use Map, Text, overlay or L UD map
amendment. "
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR MONROE COUNTY
PROPOSED COMPREHENSIVE PLAN AMENDMENT (DEO NO. 12-IACSC)
Page 11 of 14
Nonetheless, Monroe County is proposing revisions to Policy 108.1.7 to address the issues raised in
Objection 3. In order to protect the public health, safety, and welfare of the citizens of the Florida Keys
as well as protect NASKW, Monroe County will encourage NASKW to purchase the lands adjacent to
or closely proximate to the Boca Chica airfield of NASKW that are negatively impacted by the Navy's
operations. It is noted within the Final Submission AICUZ Update for NAS Key West, March 2007,
that the Navy has programs to acquire property rights to protect its operational integrity. Previously,
NASKW was pursuing the purchasing of lands to protect the base and protect the public health, safety,
and welfare of the citizens of the Florida Keys, pursuant to Section 380.0552 (7)(h)4. and (n), F.S. As
stated in the 2007 AICUZ (Page 7-4), the Navy purchased numerous undeveloped lots totaling over 600
acres outside the airfield boundary to the east of NAS Key West in the 1980s to prevent further
encroachment.
PROPOSED POLICY REVISION TO ADDRESS DEO OBJECTION #3:
Policy 108.1.7
In order to i)rotect the value. efficiencv. cost-effectiveness. and amortized life of NASKW
pursuant to Section '80.0552 C)(h)4., F.S., protect the pLiblic health, safety, and welfare of the
citizens of the Florida Keys pursuant to Section 380.0552 (7)(n) F.S. and encourage
compatibility, Monroe County will encourage the Navy to acquire all land it is impacting with its
operations and noise within any geographic area with 80+ Day -Night Average Sound Level
(DNL), and any areas where an aircraft mishap could occur.
DEO 01bjec ion 4° The amendment adds Goal 108 to the Monroe Couunty Comprehensive Plan. The
goal states:
Monroe County shall promote and encourage the compatibility of lands adjacent
to or closely proximate to the Boca (hica aitfield of NAS Key West (NASKW)
pnrsnant to Sections 163.3175 and 163.3177, Florida Statutes.
The Goal provides that the County "shall promote and encourage. " Section 163.3177(6)(a)3.a., F.S.
requires, "The f ttnre land use plan element shall include criteria to be used to: a. Achieve [emphasis
added] the compatibility of lands adjacent or closely proximate to military installations, considering
factors identified in s. 163.3175(5). " The Department objects because the Goal is not consistent with
Section 163.3177(6)(a)3.a., F.S.
DEO Rec°oun tentlation: The County should amend the Goal to be consistent with the language of the
statute.
Authority: ,Section 163.3175; 163.3177(6)(a)3.a;163.3184(1)(b); 380.0552(7)(a) F.S.
COUNTY ORC RESPONSE: The County's proposed amendments implement the express Legislative
intent of 163.3175(1), F.S.; specifically, "to cooperate with military installations to encourage
compatible land use, help prevent incompatible encroachment, and facilitate the continued presence of
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR MONROE COUNTY
PROPOSED COMPREHENSIVE PLAN AMENDMENT (DEO NO. 12-IACSC)
Page 12 of 14
major military installations in this state." Section 163.3164(9), F.S., definition for compatibility [means
a condition In ichich land uses or conditions can coexist In relative proximity to each other In a Stable,
fashion over time such that no use or condition is unduly negatively impacted dlrecdv or lndlrecdv by
another use or condition] is not an inflexible one and leaves room for local governments to craft their
own compatibility programs. The definition does not include the "achieve" target but directs that the
uses should not create overly negative impacts to one another. It appears, given the definition of
"compatibility" that the objection's distinction between "promote and encourage" and "achieve" is
insignificant.
Moreover, this effort is not strictly driven by Monroe County adopting a comprehensive plan policy
relative to NASKW. The land adjacent to or closely proximate to NASKW has been developed for an
extensive period of time. The development existing around the Boca Chica airfield tools place prior to
the recognition of the 1977 AICUZ (pg. 7-15 2007 AICUZ) and the existing development and naval
base have continued to coexist in relative proximity to each other since that time.
As the 2007 AICUZ states on page 7-4, within the AICUZ footprint, the majority of non -Navy owned
lands/parcels are developed or submerged. As the 2007 AICUZ recognizes, most of the land around the
airfield is already developed and "achieving" compatibility is difficult. While Monroe County will
consider the comments provided by NASKW, based on the most recent AICUZ or other Navy
documentation, the County must also be sensitive to private property rights, not be unduly restrictive on
those rights, and recognize the pre-existing development surrounding NASKW.
This objection is unexpected to the County, as this "issue" was not included in any prior
communications with DEO staff (or DCA staff) and NASKW (the Navy) has no objection to the
proposed text of Goal 108. On August 15, 2011, County and NASKW met, developed and agreed to a
set of parameters, which formed the basis for the policy framework Monroe County developed in
concert with DCA and NASKW to address military compatibility.
The basis for these parameters was offered by NASKW and the discussion included the fact that most of
the land around the airfield was developed decades ago, with FLUM and zoning designations that
indicated the privately owned land surrounding NASKW had well established private property rights.
The very first point of discussion by NASKW was the fact that the Navy was willing to allow property
owners to develop based on the existing rights for the property. The Navy requested, and the County
agreed, to not increase density and intensity in areas in close proximity to NASKW which would create
additional incompatibilities with Navy operations. This general basis was recognized by both parties as
the starting point for the development of comprehensive plan amendments and; therefore, requiring the
County to "achieve" compatibility when existing development/uses are present, is difficult. The entire
comprehensive plan amendment premise was established to recognize the current position and reality
existing within the County and to prevent further allowance of incompatible uses or increases in density
that create additional incompatibilities.
As required in Section 163.3175, F.S., the County's proposed amendment stipulates that "the
commanding officer or his or her designee may provide advisory comments to [Monroe County] on the
impact such proposed changes may have on the mission of the military installation. Such advisory
comments shall be based on appropriate data and analyses provided with the comments" (163.3175(5),
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR MONROE COUNTY
PROPOSED COMPREHENSIVE PLAN AMENDMENT (DEO NO. 12-IACSC)
Page 13 of 14
F.S.) and that Monroe County will "take into consideration any comments and accompanying data and
analyses provided by the commanding officer or his or her designee... as they relate to the strategic
mission of the base, public safety, and the economic vitality associated with the base's operations, while
also respecting private property rights and not being unduly restrictive on those rights" (163.3175(6),
F. S.).
While "achieving" compatibility is an aspirational target, Monroe County is proposing to adopt and
implement the strategy incorporated within Goal 108 and associated Objectives and Policies in order to
reach compatibility with the lands adjacent to or closely proximate to NASKW, as it is constrained by
existing property rights. Based upon the information provided and the existing conditions surrounding
NASKW, Monroe County has made revisions to the text of Goal 108 to address DEO's concerns.
PROPOSED POLICY REVISION TO ADDRESS DEO OBJECTION #4:
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR MONROE COUNTY
PROPOSED COMPREHENSIVE PLAN AMENDMENT (DEO NO. 12-IACSC)
Page 14 of 14
Exhibit 5
6
Rick Scott r .
ail
yr1
C Chia R. Lorenzo
GOVERNOR_.
INTERIM EXECUTIVE DIRECTOR
FLORIDA DEPARTMENTe
ECONOMIC OPPORTUNITY
March 20, 2012
The Honorable David Rice
Mayor, Monroe County Board of County Commission
9400 Overseas Hwy, #210
Marathon Airport Terminal
Marathon, FL 33050
Dear Mayor Rice:
The State Land Planning Agency (the Agency) has completed its review of the proposed
comprehensive plan amendment for Monroe County (Amendment No. 12-1 ACSC), which was
received and determined complete on January 20, 2012. Copies of the proposed amendment
have been distributed to the appropriate reviewing agencies for their review, and their comments
are enclosed. We have reviewed the proposed amendment in. accordance with the state
coordinated review process set forth in Sections 163.3184(2) and (4), Florida Statutes (F.S.), for
compliance with Chapter 163, Part 11, F.S.
The attached Objections, Recommendations, and Comments Report outlines our findings
concerning the amendment. We have identified four objections and have included
recommendations regarding measures that can be taken to address the objections. We are also
providing two technical assistance comments consistent with Section 163.3168(3), F.S. The
Agency's technical assistance comments will not form the basis of a challenge. They are offered
as suggestions which can strengthen the County's comprehensive plan in order to foster a
vibrant, healthy community or are technical in nature and designed to ensure compliance with
the provisions of Chapter 163, F.S.
The County should act by choosing to adopt, adopt with changes, or not adopt the
proposed amendment. Also, please note that Section 163.3184(4)(e)1, F.S., provides that if the
second public hearing is not held and the amendment adopted within 180 days of your receipt of
agency comments, the amendment shall be deemed withdrawn unless extended by agreement
with notice to the state land planning agency and any affected party that provided comment on
the amendment. For your assistance, we have enclosed the procedures for final adoption and
transmittal of the comprehensive plan amendment.
The Caldwell Building 107 E. Madison Street Tallahassee, Florida 32399-4120
850.245.7105 : TTY/TDD 1-800-955-9771 Voice 1-800-955-877G FloridaJobs.org
An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone
numbers on this document may be reached by persons using T`TY/TDD equipment via the Florida Relay Service at 711.
Honorable David Rice
March 20, 2012
Page 2 of 2
My staff and I are available to assist the County in addressing the issues identified in our
report. If you have any questions, please contact Rebecca Jetton, at (850) 717-8494, or by email
at Rebecca.iettonC6 eo.invfIorida.com.
Sincerely,
Mike McDaniel, Chief
Bureau of Commmunity Planning
MM/bep
Enclosures: Objections, Recommendations and Comments Report
Review Agency Comments
Adoption Procedures
cc: Christine Hurley, Growth Management Director
Mr. James F. Murley, Executive Director, South Florida Regional Planning Council
FOR MONROE COUNTY
PROPOSED COr R #
D' NO. 12-IACSC)
O
I Consistency with Chapter 163, Part II and Chapter 380, Part I
The Department has the following objections and comments to the proposed
comprehensive plan amendment:
Objection 1: Monroe County Policy 108.2.1 establishes a Military Installation Area of
Influence (MIAI) within which growth management policies shall guide land use
activities and uses in areas exposed to impacts generated by Navy operations. Policy
108.2.5 provides that Monroe County will maintain the FLUM designations and their
associated densities and intensities in the MIAI. However, Policy 108.2.5 also provides
that increases in density or intensity may be considered if the property owner submits a
scientific study using one of two options to show that the subject property is not within a
noise zone or land use incompatibility area.
The policy and the accompanying MIAI map fail to establish meaningful and predictable
guidelines and standards for the use and development of land and fail to provide
meaningful guidelines for the content of more detailed ]and development and use
regulations because (1) the terms "noise zone" and "land use incompatibility area" are
not defined; and (2) these areas are not depicted on the MIAI map.
Authority: Section 163.3175(1) and (5), 163.3177(1) and (6)(a)2.f and 3.b, and
380.0552(7)(a), Florida Statutes, (F.S.)
Recommendation: The County should revise the amendment to define noise zones and
land use incompatibility areas based upon relevant and appropriate data and analysis,
including the 2007 AICUZ Study, and identify appropriate uses and development
controls to achieve compatibility. The revision should include mapping the noise zones
and land use incompatibility area more specifically than the MIAI overlay. The County
should also identify the accident potential zones and clear zones within the Military
Installation Influence Area and propose suitable uses in these zones consistent with the
uses identified in the Air Installation Compatible Use Zones Study for NAS-Key "Nest.
Objection : Policy 108.2.5 provides that Monroe County may consider future land use
map amendments that increase density or intensity within the MIAI overlay if the
property owner submits a scientific study utilizing either of two specified methodologies
to show that the subject property is not within a noise zone or land use incompatibility
area based on the uses proposed.
The Department has received a letter from NAS-Key West objecting to the first optional
methodology under Policy 108.2.5. According to the Navy's written objection, option
one is intended for civilian/commercial air operations and does not use the methodology
accepted by the Department of Defense for military air operations and this methodology
is not valid when applied to the NAS-Key West air operations.
The second option would employ the Integrated Noise Model adopted by the FAA or
NQISEMAP which is used by the Department of Defense to demozastrate that a parcel of
land is within a noise contour level that produces less than. 65 decibels of noise.
The Department objects to option one because the methodology specified is not
professionally accepted for the purpose intended; i.e., it is not an appropriate
methodology for determining noise zones for a military installation. The Department
also objects based on the creation of an internal inconsistency because both
methodologies rely solely on noise levels in making a determination regarding whether
increases in density and intensity can be allowed and fail to take into account land use
incompatibility areas, which is one of the criteria that the policy requires to be addressed.
Authority. Sections 163.3175(1) and (5), 163.3177(1)(f), 163.3177(2), 163.3177(6)(a),
and 380.0552(7)(h).4, F.S.
Recommendation: The County should revise the policy to include a professionally
acceptable methodology applicable to military air operations. The County should also
revise both methodologies to account for land use incompatibility areas. The Department
recommends the County use or adopt the 2007 AICUZ Study.
Objection 3; The NAS-Key West installation in the Florida Keys is an important state
resource and is specifically indentified for protection in the Florida Keys ACSC
Principles of Guiding Development. The NAS-Key West contributes over $536 million
annually to the Keys economy. Department staff have conducted public workshops
regarding Joint Use studies. Staff have written and met with the elected body
encouraging the adoption of military strategies to prevent encroachment that could affect
the ability of the Naval Air Station -:Key West to carry out its mission.
Sections 163.3184(1)(b) and 380.0552(7), Florida Statutes, provide that any plan
amendment must be consistent with the Principles for Guiding Development in
designated areas of critical state concern. Section 380.0552(7)(h)4 establishes the
following Principle for the Florida Keys ACSC: "Protecting the value, efficiency, cost
effectiveness, and amortized life of existing and proposed major public investments,
including ... Key West Naval Air Station and other military facilities." As proposed the
amendment is inconsistent with this Principle.
Policy 108.2.5 does not address public safety concerns as provided for in Section
163.3175(1), F.S. and the Principles for Guiding Development (380.0552(7)(n), F.S.).
Principle (n) provides that proposed plan amendments must be consistent with protecting
the public health, safety, and welfare of the citizens of the Florida Keys and maintaining
the Florida Keys as a unique Florida resource.
Authority: Section 163.3184(I)(b), Section 380,0552 (7) and (7)(h)4. and (n), and
Section 163.3175
Recommendation: The County should amend the policies to ensure the protection of the
Key West Naval Air Station.
Objection 4: The amendment adds Goal 108 to the Monroe County Comprehensive
Plan. The goal states:
Monroe County shall promote and encourage the compatibility of
lands adjacent to or closely proximate to the Boca Chica airfield
gfNASKey West (NASKW) pursuant to Sections 163.3175 and
163.3177, Florida Statutes.
The Goal provides that the County "shall promote and encourage." Section
163.3177(6)(a)3.a., F.S. requires, "The future land use plan element shall include criteria
to be used to: a. Achieve [emphasis added] the compatibility of lands adjacent or closely
proximate to military installations, considering factors identified in s. 163.3175(5)." The
Department objects because the Goal is not consistent with Section 163.3177(6)(a)3.a,,
F.S.
Recommendation: The County should amend the Goal to be consistent with the
language of the statute.
Authority: Section 163.31.75; 163.3177(6)(a)3.a.;163.3184(1)(b); 380.0552(7)(a,) F.S.
It. Technical Assistance Comments
1) Comment: Objective 108.2 states that Monroe County shall consider the protection
of the health, safety and welfare as a principal objective of compatible land use
planning on lands adjacent or closely proximate to the Boca Chica airfield of NAS-
Key West. However, Section 163.3175(1), F.S. states that urban encroachment
should be considered if it will affect the ability of the installation to carry out its
mission and maintain the economic vitality of the community. The County should
revise the objective to include the consideration of urban encroachment on the ability
of the installation to carry out its mission and maintain the economic vitality of the
community.
2) Comment: Staff recommends the County include a policy that indicates the
County's willingness to consider and coordinate review with the military for the
following 12 areas of encroachment that have not been addressed in the amendment
but are included in the NAS-Key West's Encroachment Action plan:
Competition for air space, land, and sea space
® Competition for scarce resources (oil, gas, minerals, potable and irrigated
water, and ocean access)
Threatened and Endangered Species
• Maritime issues (Marine Mammals, Endangered Species, Fish Habitats,
Coral Reefs, Coastal Zones, Sanctuaries, and other marine protected areas)
• Ordnance - Unexploded Ordnance (UXO)/Munitions
® Safety Arcs and footprints (Explosive Safety Quantity Distance (ESQD)
Arcs, Surface Danger Zones, Weapons Safety Footprint Areas)
r Frequency Spectrum
® Air Quality
® Water Quality
® Interpretation of Historical/Enviromnental regulations
Interagency Coordination
® Legislative initiatives that restrict training or testing activities
Jetiton, Rebecca
Torn: demes, Ron A CIV CNRSE, NO2 (ron.demesonavy.milj
Sent: Tuesday, February 14, 2012 3:51 PM
To: jmurleyQsfrpc.com:; Jetton, Rebecca
Cc: Hurley -Christine
Subject: FW: Monroe County Comprehensive Plan Amendments
Mr. Murley and 7etton:
As the representative of Naval Air Station Key West acting on behalf of the military
installations within Monroe County jurisdiction and representing the Military interests as
the ex-officio member of the Monroe County planning commission and representative at BOCC
meetings, I am writing this email to document our objection to the camp plan amendment on
Military Compatibility Criteria currently under review for approval by SFRPC and State of
Florida. I have voiced this objection at Planning Commission and Board of County Commission
meetings. Our most significant issue is with Policy 108.2.5 paragraph (1}.
Paragraph 1. states:
"1) The scientific study shall be conducted in accordance with professionally accepted
methodology and should be conducted in accordance with the following minimum recommended
standards to ensure that the parcel is not within the MIAI because the noise level is <65
DNL:
-Conduct 10 random (representative) 24 hour measurement surveys
o Measurements shall be conducted. on days when there are active training operations for
the fixed wing and rotary wing aircraft typically deployed to NASKW for varying durations.
o In order to assure "average" conditions over the 10 days, it is required that data be
acquired for each direction of airport operation in proportion to the proper (annual) percent
for the typical aircraft deployed at NASKW.
o Ten(10) representative days is a requirement for estimating the yearly average DNL.
o A sample of 10 days provides an estimate of the actual yearly DNL (Day -Night Average
Sound Level), accurate to within 1 decibel (d8), with a 90 percent confidence.
o Typically deployed is defined based on.an inventory of the type of aircraft in
operation at NASKW during the preceding year, within the frequency of those types being
agreed to by County staff prior to the study being conducted."
We have maintained with County that this methodology is not valid when applied to the Naval
Air Station Key West operations. While we are pleased with how far we have come with the
development of the military compatibility criteria, this paragraph presents an unacceptable
policy that could negatively impact "the value, efficiency, and amortized life of ...Key West
Naval Air Station" as provided for protection under FS section 380.0052(7)(h).
We are open to working with the county as stated in the aforementioned meetings to work an
alternative to that which is proposed.
[A more detailed synopsis of why the proposed alternative is not valid for NAS Key West
operations is provided by the Navy's Mr. Fred Pierson, Program Manager, Mission Compatibility
Center of Expertise, Naval Facilities Engineering Command (NAVFAC) Atlantic, Norfolk,
Virginia.
He looked at the basis of the alternative and began with a quote from the FAA circular on
validation of noise contours using the "sample of 10" methodology:
1
"The actual daily Ldn value for any given location will vary from day to day. A large set of
data acquired at Washington National Airport and Dulles International Airport (24 locations
over 500 days) indicates that standard deviations in Ldn are generally 2 dB or less.
"For daily Ldn standard deviations of 2 dB, it can be shown from simple statistical theory
that a sample of 10 days (Ldn) will provide an estimate of the actual yearly Ldn accurate
within 1 dB with 90 percent confidence. This "sample of 10" requirement involves the
assumption that measurements are conducted on days when no bias exists in -the airport
operation. In order to assure "average" conditions over the 10 days, it is recommended that
data be acquired for each direction of airport operation in proportion to the proper (annual)
percent."
FAA/DOT Advisory Circular, AC 150/5020-1, 1983
I've looked at the FAA circular and have the following points:
The study showing a standard deviation of 2 dB or less was done at Washington (Reagan]
National and Dulles International Airport, both in the DC area. These airports run regularly
scheduled operations with a mix of aircraft that varies little on the routes they are
servicing.
With a constant day in/day out tempo, one would expect little change in their contours from
one day to the next. Deviation in military operations is far greater at NAS Key West, where
you may not only have commercial. -type aircraft, but fighters, bombers, and helicopters.
Quite often detachments of aircraft will come from the mainland for a week or two where you
may have constant operations of the E-2C Hawkeye (a propeller driven aircraft) followed by a
detachment of FA-18 Super Hornets (high-powered jet fighters). Even if they both flew the
same number and type of operations (unlikely), we could see the DNL (referred to in the
rcular .as Ldn) .vary .by over 20 decibels. from week to week.
Unlike civil airports, number aircraft operations at NAS may also vary greatly by having
several detachments one week followed by a lull of no detachments and very little in the way
of operations the next. Because military airports .lack the consistency in aircraft type and
number of operations of a commercial airport, it fails to meet the guideline required for the
methodology described in the circular to work:
"This "sample of 10" requirement involves the assumption that measurements are conducted on
days when no bias exists in the airport operation."
Given the mission at NAS Key West, the "sample of 10" method would be not only invalid, but
misleading and would likely have a lower fidelity than the AICUZ study. Another, shorter
validation method is also described, but it would be even less accurate.]
Accordingly, the proposed Policy 108.2.5 paragraph (1) provides for an unacceptable
methodology for compatibility criteria (Noise) concerning Naval Air Station Key nest.
Our 14 areas of concern regarding Compatibility Criteria are as follows:
1. urban Development (population growth) 2. Airborne noise 3. Competition for air space,
land, and sea space 4. Competition for scarce resources (oil, gas, minerals, potable and
irrigated water, and ocean access) 5. Threatened and Endangered Species 6. Maritime issues
(Marine Mammals, Endangered Species, Fish Habitats, Coral Reefs, Coastal Zones, Sanctuaries,
and other marine protected
areas)
7. Ordnance - Unexploded Ordnance (UXO)/Munitions S. Safety Arcs and footprints (Explosive
Safety Quantity Distance
(ESQD) Arcs, Surface Danger Zones, Weapons Safety Footprint Areas) 9. Frequency Spectrum 10.
Air Quality 11. Water Quality 12. Interpretation of Historical/Environmental regulations
2
13. interagency Coordination 14. Legislative initiatives that restrict training or testing
activities
fe are requesting all 14 areas be clearly addressed in the COMP Plan to adequately protect
the military interests in Monroe County.
Naval Air Station Key West looks forward to continuing dialog to resolve these outstanding
issues that are critical to our mission sustainability as well as the other military missions
in the county.
V/r, Ron Demes
R. A. DEMES
Executive Director/Business Manager
Naval Air Station
P. 0. Box 9001
Key West, Florida 33040-9001
305.293.2866 Executive Suite
305.293.2488 XD/BM desk
305.293.2230 Fax
30S.797.0158 XD/BM Cell
mailto:ron.demes@navy.mil
South
Florida
Regional
Planning
Council
AGENDA ITEM #111.E
DATE: FEBRUARY 6, 2012
TO: COUNCILMEMBERS
FROM: STAFF
SUBJECT: LOCAL GOVERNMENT COMPREHENSIVE PLAN PROPOSED AND ADOPTED
AMENDMENT CONSENT AGENDA
Pursuant to Section 1.63.3184, Florida Statutes, Council review of amendments to local government
comprehensive plans is limited to 1) adverse effects on regional resources and facilities identified in the
Strategic .Regional Policy Plan for South Florida (SRPP) and 2) extrajurisdictional impacts that would be
inconsistent with the comprehensive plan of any affected local government within the region.
A written report containing an evaluation of these impacts, pursuant to Section 163.3184, Florida Statutes,
is to be provided to the local government and the State Land. Planning Agency within 30 calendar days of
receipt of the amendment.
Staff analysis confirms that the proposed and/or adopted amendments identified in the Table below are
generally consistent with and supportive of the Goals and Policies of the SRPP. Attached are the separate
amendment review forms that will be forwarded to the local government and State Land Planning
Agency.
Proposed
Local.
Local
Council
Government.
Governing
Government and
Prop osed
Adopted
Attach-
Review Date
Transmittal or
Body
Plan Amendment
.
*
anent
and
Adoption
Adoption
Number
Consistency
Public Hearing
Vote
Fin4jne
and Meetih
Monroe County
#12-1 ACSC
N/A
1
N/A
12/14/12
5-0
Monroe County
N/A
`
2
8/9/11
12/14/12
5-0
#11-1ACSC
Consistent
...,p— Nx P-1 �� 'i at.WW "Ole anu LOnslsxency imamg 75 sllovm in (-oll7nm 5;
""South X11a= #11-FSR was split into multiple Ordinances with different adoption dates
N/ A'. not applicable
Recommendation
Find the proposed and adopted plan amendments from Monroe County generally consistent with. the
Strategic Regional Policy .Tian for .South Florida. Approve this report for transmittal to the local
government with a copy to the State Land Planning Agency.
3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021
Sroward (954) 985-4416, State (800) 985-4416
FAX (954) 985-4417, a -mail: sfadmin@sfrpc.com, website: www.sfrpc_com
Attachment 1
FLORIDA REGIONAL, COUNCILS ASSOCIATION
LOCAL GOVERNMENT COMPREHENSIVE PLAN AMENDMENT REVIEW FORM 01
South Florida Regional Planning Council Agenda Item and Date: III.E; 2/6/1.2
Local Government Amendment Number: Monroe County proposed #12-1ACSC.
Date Comments due to Local Government: 2/19/12,
Date Mailed to Local Government and State Land Planning Agency: Prior to 2/19/12.
Pursuant to Section 163.3184, Florida Statutes, Council review of amendments to local government comprehensive
plans is limited to adverse effects on regional resources and facilities identified in the Strategic Regional Policy Plan
for South Florida (SRPP) and extrajurisdictional impacts that would be inconsistent with the comprehensive plan of
any affected local government within the region. A written report containing an evaluation of these impacts,
pursuant to Section 163.3184, .Florida Statutes, is to be provided to the local government and the state Iand
planning agency within 30 calendar days of receipt of the amendment.
DESCRIPTION OF AMENDMENT
The proposed amendment consists of Future Land Use Element (FLUE) text and a Future Land Use Map
(FLUM) amendment related to land use within and adjacent to the Boca Chica Airfield of the Naval Air
Station Key West (NASKW), a military installation.
New Goal 108 would be incorporated into the FLUE to meet the planning requirements for Monroe
County to address compatibility of land use and coordination with the NASKW. The proposed Goal
includes two Objectives and 15 Policies that would outline strategies for effective information exchange,
compatibility, land acquisition, and the protection of public health, safety and welfare of the citizens and
visitors of Monroe County. New Policy 108.2.1 directs the County to adopt an overlay district to the
FLUM to identify the Military Installation Area of Impact (MIAI), an area where land use activity is
exposed to impacts generated by naval operations. The MIAI would be subject to specific requirements
for future density, intensity and land use changes, including restrictions on future development and
coordinating mechanisms for proposed changes amongst appropriate agencies.
The planning departments within the County and Naval Air Station Key West worked closely on the
development of proposed Goal 108 and the overlay district.
1. ADVERSE EFFECTS TO SIGNIFICANT REGIONAL RESOURCES AND FACILITIES
IDENTIFIED IN THE STRATEGIC REGIONAL POLICY PLAN.
Not Applicable.
2. EXTRAJURISDICTIONAL IMPACTS INCONSISTENT WITH ANY COMPREHENSIVE PLANS
OF LOCAL GOVERNMENTS WITHIN THE REGION.
Not Applicable.
The Council requests the local government to send a copy of the adopted version of the amendment
Attachment 2
FLORIDA REGIONAL COUNCILS ASSOCIATION
LOCAL GOVERNMENT COMPREHENSIVE PLAN AMENDMENT REVIEW FORM 01
South Florida Regional Planning Council Agenda Item. and Date: III.E; 2/6/12.
Local Government Amendment Number: Monroe County adopted #1.1-ZACSC.
Date Comments due to Local Government 2/19/12.
Date Mailed to Local Government and State Land Planning Agency: Prior to 2/19/12.
Pursuant to Section 163.3194 Florida Statutes, Council review of amendments to local government comprehensive
plans is limited to adverse effects on regional resources and facilities identified in the Strategic Regional Policy Plan
for South Florida (SRPP) and extrajurisdictional impacts that would be inconsistent with the comprehensive plan of
any affected local government within the region. ,A written report containing an evaluation of these impacts,
pursuant to Section 163.3184, Florida Statutes, is to be provided to the local government and the state land
planning agency within 30 calendar days of receipt of the amendment.
DESCRIPTION OF AMENDMENT
The adopted amendment contains of two Future Land Use Text amendments that 1) extends a
moratorium on new transient units until May 1, 2014, and 2) clarifies the definition and application of
sub -area definitions that limit the density and intensity allowed within Future Land Use Map categories.
No additional changes were made between transmittal and adoption.
1. ADVERSE EFFECTS TO SIGNIFICANT REGIONAL RESOURCES AND FACILITIES
IDENTIFIED IN THE STRATEGIC REGIONAL POLICY PLAIN.
Not Applicable.
2. EXTRAJURISDICTIONAL IMPACTS INCONSISTENT WITH ANY COMPREHENSIVE PLANS
OF LOCAL GOVERNMENTS WITHIN THE REGION.
Not Applicable.
1-71orida Dep rlrn en t of Transportation
RICK SCOTT 1000 NW 111 Avenue ANANTi-1 PRASAD, E.e.
COVERNOR Miami. Horida 33172-5800 SECRETARY
February 14, 2012
Mr, Ray Eubanks
Division of Community Panning
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399--2100
Subject: Comments for the Proposed Comprehensive Plan Amendments, Monroe
County, DEO #12-1ACSC
Dear Mr. Eubanks:
The Florida Department of Transportation, District Six, has completed a review of
the Proposed Comprehensive Plan Amendments for Monroe County, DCA #92-9ACSC.
The District has reviewed the amendment package per Chapter 163 Florida Statutes
and has found no adverse impacts to transportation resources and facilities of state
importance. Please contact Ken Jeffries at 305-470-5445 if you have any questions
concerning our response.
Sincerely,
Phil Steinmiller
District Planning Manager
Cc: Harold Desdunes, P.E., Florida Department of Transportation, District Six.
Aileen Boucle, A]CP, Florida Department of Transportation, District Six
Mayte Santamaria, Monroe County
wwwAct.state fl.us
SOUTHFLORIDA WATER MANAGEMENT DISTRICT
February 10, 2012
Mr. Ray Eubanks
Administrator, Plan Review & Processing
Department of Economic Opportunity
Division of Community Planning and Development
107 East Madison Street
Tallahassee, Florida 32399-4 120
Dear Mr, Eubanks:
Subject: Monroe Country, Amendment #12-1ACSC
Comments on Proposed Comprehensive Plan Amendment
The South Florida Water Management District (District) has completed its review of the
proposed amendment package submitted by Monroe County (County). The
amendment package consists of proposed goals, objectives and policies to be included
in the Future Land Use Element of the County's Comprehensive Plan to address the
compatibility of lands adjacent to or closely proximate to military land uses. There
appear to be no regionally significant water resource issues; therefore, the District
forwards no comments on the proposed amendment package.
The District offers its technical assistance to the County, the Florida Keys Aqueduct
Authority, and the Department of Economic Opportunity in developing sound,
sustainable solutions to meet the County's future water supply needs and to protect the
region's water resources. Once the amendment is adopted please forward a copy to
the District. For assistance or additional information, please contact Terry Manning,
Policy and Planning Analyst, at (561) 682-6779 or tmanning _,sfwmd.aov.
Sincerely
Rod A. Braun
Director
Office of Intergovernmental Programs
RB1tm
c: Christine Hurley, Monroe County
Rebecca Jetton, DEO
Rachel Kalin, SFRPC
Terry Manning, SFWMD
3301 Gun Club Road, West Palin Beach, Florida 33406 • (561) 686-8800 FL WATS 1-800-432-2045
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4:680 `vcvwsftivmd.gov
a
9 FLORIVA.
February 21, 2012
Florida Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Mr. Ray Eubanks
Plan Review Administrator
Department of Economic Opportunity
Bureau of Community Planning
Caldwell Building
107 East Madison Street MSC 160
Tallahassee, FL 32399-6545
Rick 'k-o-tt
overnor
�r fer C�jT101
I lersclei T. llfny�fLi, ,r
Ser reta ry
Re: Monroe County 12-1ACSC Proposed; Comprehensive Plan Amendment
Review
Dear Mr. Eubanks:
The Office of Intergovernmental Programs of the Florida Department of Environmental
Protection (Department) has reviewed the above -referenced amendment proposal under
the procedures of Chapter 163, Florida Statutes. The Department conducted a detafled
review that focused on potential adverse impacts to important state resources and
facilities, specifically: air and water pollution; wetlands and other surface waters of the
state; federal and state-owned lands and interest in lands, including state parks,
greenways and trails, conservation easements; solid waste; water and wastewater
treatment; and, where applicable, the Everglades ecosystem.
Based on our review of the proposed amendment, the Department has found no provision
that requires comment under laws that form the basis of the Department's jurisdiction.
Thank you for the opportunity to comment on the proposed amendment package. Should
you have any questions or require further assistance, please call me at (850) 245-2169.
Sincerely,
Chris Stahl
Office of Intergovernmental Programs
���a%dt°p state.f� us
C*FFICE OF THE COMMTSSIONPR THE CAPITOL
(850) 488-3022 400 SOUTH MONROE STREET
TALI AHASSEE, FLORIDA 32399^0800
FLOMDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
COMMISSIONER ADAM H. PUTNAM
February 7, 2012
VIA EMAIL (hurley-Christine@monroecounty-fl.gov) VIA EMAIL(DCPExternalAgencyComments@dca.state.fl.us)
Monroe County Growth Management Division
Attn: Christine Hurley
2798 Overseas Highway
Suite #400
Marathon, FL 33050
Re: SLPA # -- Monroe County 21-1 ACSC
DACS Docket # -- 20120120-080-Monroe
Submission dated January 13, 2012
Dear Ms. Hurley and Mr. Eubanks:
Florida Department of Economic Opportunity
State Land Planning Agency
Attn: Ray Eubanks
107 East Madison Street
Caldwell Building, MSC 160
Tallahassee, FL 32399
The Florida Department of Agriculture and'Consumer Services (the "Department") received the above -referenced
proposed comprehensive plan amendment on January 20, 2012 and has reviewed it pursuant to the provisions of
Chapter 163, Florida Statutes to address any potential adverse impacts to important state resources or facilities
related to agricultural, aquacultural, or forestry resources in Florida if the proposed amendment(s) are adopted.
Based on our review of Monroe County's submission, the Department has no comment on the proposal.
if we may be of further assistance, please do not hesitate to contact me at 850-410-2291.
I-800-HELPFLA
Sinter
arts
Senior.Policy$Ayst
Office of Policy and Budget
ALwww.FreshfromFlorida.com
SUBMITTAL OF ADOPTED COMPREHENSIVE PLAID AMENDMENTS
FOR STATE COORDINATED REVIEW
Section 163.3184(4), Florida Statutes
NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies of
all comprehensive plan materials, of which one complete paper copy and two complete
electronic copies on CD ROM in Portable Document Format (PDIi) to the State Land
Planning Agency and one copy to each entity below that provided timely comments to
the local government; the appropriate Regional Planning Council; Water Management
District; Department of Transportation; Department of Environmental Protection;
Department of State; the appropriate county (municipal amendments only); the Florida
Fish and Wildlife Conservation Commission and the Department of Agriculture and.
Consumer Services (county plan amendments only); and the Department of Education
(amendments relating to public schools); and for certain local governments, the
appropriate military installation and any other local government or governmental agency
that has filed a written request.
SUBMITTAL LETTER: Please include the following information in the cover letter
transmitting the adopted amendment:
W State Land Planning Agency identification number for adopted amendment
package;
Summary description of the adoption package, including any amendments
proposed but not adopted;
Identify if concurrency has been rescinded and indicate for which public facilities
(transportationJschool/recreation open space);
Ordinance number and adoption. date;
__ Certification. that the adopted amendment(s) has been submitted to all parties that
provided timely comments to the local goverrn-nent;
_— Name, title, address, telephone, FAX number and e-mail address of local
govenlrnent contact;
Letter signed by the chief elected official or the person designated by the local
government.
Effective: June 2, 2011 Page J
ADOPTION AMENDMENT PACKAGE: Please include the following information in
the amendment package:
____ In the case of text amendments, changes should be shown in strike-
through/underline
format,-
m_..In the case offuture land use snap amendment, an. adopted future land use snap,
In color format, clearly depicting the parcel, its existing future land use designation, and
its adopted designation;
A copy of any data and analyses the local government deems appropriate.
Neste: If the local government is relying on previously submitted data and analysis, no
additional data and analysis is required;
Copy of executed ordinance adopting the comprehensive plan amendment(s);
Suggested effective date language for the adoption ordinance for state coordinated
review:
The effective date of this plan amendment, if the amendment is not timely
challenged, shall be the date the state land planning agency posts a notice of intent
determing that this amendment is in compliance. If timely challenged, or if the
state land planning agency issues a notice of intent determining that this
amendment is not in compliance, this amendment shall become effective on the
date the state land planning agency or the Administration Commission enters a
final order determining this adopted amendment to be in compliance. No
development orders, development permits, or land uses dependent on this
amendment may be issued or commence before it has become effective. If a final
order of noncompliance is issued by the Administration Commission, this
amendment may nevertheless be made effective by adoption of a resolution
affinning its effective status, a copy of which resolution shall be sent to the state
land planning agency.
List of additional changes made in the adopted amendment that the State Land
Planning Agency did not previously review;
List of findings of the local governing body, if any, that were not included in the
ordinance and which provided the basis of the adoption or determination not to adopt the
proposed amendment;
_...... Statement indicating the relationship of the additional changes not previously
reviewed by the State Land Planning Agency to the ORC report from the State Land
Planning Agency.
Effective: June 2.2011 Pale 2