Item B4@ IR
AGENDA ITEM SUMMARY
Meeting Date: May 22, 2012 Division: Growth Management
Bulk Item: Yes _ No X Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley — 289-2517
Joseph Haberman - 289-2532
AGENDA ITEM WORDING: A public hearing to consider an Ordinance to amend Section 130-121 of the
Monroe County Code revising the regulations pertaining to military airports by removing the "1977" AICUZ
map and matrix, which are provided as figures, and those regulations associated with the "1977" AICUZ map.
(First of two required public hearings)
ITEM BACKGROUND: If the text amendment provided in Resolution #441-2011 and the FLUM overlay
provided in Resolution #442-2011 are ultimately approved, the Land Development Code must be updated to be
consistent with the superseding Comprehensive Plan.
The regulations within MCC §130-121 that pertain to the previously adopted (by reference) "1977" AICUZ
map and matrix, which are provided as figures, would become obsolete upon approval of the aforementioned
Comprehensive Plan amendments. Although the amendments set forth in Resolutions #441-2011 and # 442-
2011 have only been transmitted to DEO and are yet to be adopted, staff has opted to begin the process of
amending the Land Development Code so that the Land Development Code amendments may be adopted at the
same BOCC meeting as the Comprehensive Plan amendments.
During a regularly scheduled meeting held on February 28, 2012, the DRC reviewed the subject request and
recommended approval to the BOCC. During a regularly scheduled meeting held on March 28, 2012, the
Planning Commission reviewed the subject request and recommended approval to the BOCC.
PREVIOUS RELEVANT BOCC ACTION:
On July 5, 1989 the BOCC adopted Ordinance #019-1989 establishing the AICUZ requirements in MCC §9.5-
252.
On July 15, 2003, the BOCC adopted Ordinance #031-2003, which established MCC §9.5-258 (later
renumbered to MCC §9.5-260 and then to MCC §130-121) to specify restrictions on private property adjacent
to Naval Air Station Key West (NAS-KW) within an overlay district section, as opposed to within MCC §9.5-
252 which pertained to the Airport (A) Land Use District.
At its December 14, 2011 meeting, the BOCC passed Resolution #441-2011 to transmit a Comprehensive Plan
text amendment to the DEO addressing the compatibility of lands adjacent to or closely proximate to military
installations.
At its December 14, 2011 meeting, the BOCC passed Resolution #442-2011 to transmit a FLUM amendment to
the DEO creating an overlay to the FLUM series that established a military installation area of impact.
CONTRACT/AGREEMENT CHANGES: n/a
l
1
BUDGETED: Yes No
COST TO COUNTY: n.a SOURCE OF S:
VENUE PRODUCING: Yes _ No x AMOUNT PER MONTH
APPROVED Y: County Atty x OMB/Purchasing Risk Management _
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 2012
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE COUNTY
CODE SECTION 130-121, AIR INSTALLATION COMPATIBLE
USE ZONES OVERLAY (AICUZ), TO REVISE THE
REGULATIONS PERTAINING TO MILITARY AIRPORTS AND
THE REFERENCED AICUZ MAP FIGURES, PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY AND THE SECRETARY OF
STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, this text amendment revises the regulations pertaining to military airports by
removing the "1977" AICUZ map and matrix, which are provided as figures, and those
regulations associated with the "1977" AICUZ map; and
WHEREAS, on February 15, 1977, the Department of the Navy approved the AICUZ plan for
Naval Air Station Key West (NAS-KW); and
WHEREAS, on July 5, 1989 the Board of County Commissioners adopted Ordinance #019-
1989 establishing the AICUZ requirements in MCC §9.5-252; and
WHEREAS, on July 15, 2003, the Board of County Commissioners adopted Ordinance #031-
2003, which established MCC §9.5-258 (later renumbered to MCC §9.5-260 and then to MCC
§130-121) to specify restrictions on private property adjacent to Naval Air Station Key West
(NAS-KW) within an overlay district section, as opposed to within MCC §9.5-252 which
pertained to the Airport (A) Land Use District; and
WHEREAS, at its December 14, 2011 meeting, the Board of County Commissioners passed
Resolution #441-2011 to transmit a Comprehensive Plan text amendment to the State of Florida
Department of Economic Opportunity (DEO) addressing the compatibility of lands adjacent to or
closely proximate to military installations; and
WHEREAS, at its December 14, 2011 meeting, the Board of County Commissioners passed
Resolution #442-2011 to transmit a Future Land Use Map (FLUM) amendment to the DEO
creating an overlay to the FLUM series that established a military installation area of impact; and
Page 1 of 4
WHEREAS, during a regularly scheduled meeting held on February 28, 2012, the Monroe
County Development Review Committee reviewed the ordinance and recommended approval to
the Board of County Commissioners; and
WHEREAS, during a regularly scheduled public hearing held on March 28, 2012, the Planning
Commission reviewed the ordinance and recommended approval to the Board of County
Commissioners.
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. Section 130-121 shall be amended as follows (deletions are st-4-sl-em-1 and
additions are underlined):
Sec. 130-121. Military Airports.
(a) Genem9y. 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:
(}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_-,L-d
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Page 2 of 4
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Section 2. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 3. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision
of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall
apply.
Section 4. Transmittal.
This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
380.05 (11) and F.S. 380.0552(9).
Section 5. Filing.
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 Florida State Land Planning Agency or
Administration Commission approving the ordinance and appeal periods have expired.
Page 3 of 4
The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
appropriately renumbered •conform to the uniform marldng system of •• Code.
1= 1 I 1 1 "• •: • • •u •� • •i • • i • �:
at a regular meeting held on the day of 2012.
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MayorDavid Rice
MayorPro Tem Kim Wigington
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ASS OUNTY ATTORNEY
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MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We sbdve to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Joseph Haberman, AICP, Planning & Development Review Manager
Date: March 14, 2012
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 130-121,
AIR INSTALLATION COMPATIBLE USE ZONES OVERLAY (AICUZ), TO
REVISE THE REGULATIONS PERTAINING TO MILITARY AIRPORTS AND
THE REFERENCED AICUZ MAP FIGURES, PROVIDING FOR
SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
Meeting: May 22, 2012
2 I REQUEST
3
4 The Planning & Environmental Resources Department is proposing amendments to the text
5 of §130-121 of the Monroe County Code (MCC) in order to revise the regulations pertaining
6 to military airports by removing the "1977" AICUZ map and matrix, which are provided as
7 figures, and those regulations associated with the "1977" AICUZ map.
8
9 II RELEVANT PRIOR COUNTY ACTIONS:
10
11 On February 15, 1977, the Department of the Navy approved the AICUZ plan for Naval Air
12 Station Key West (NAS-KW).
13
14 On July 5, 1989 the BOCC adopted Ordinance #019-1989 establishing the AICUZ
15 requirements in MCC §9.5-252.
16
17 On July 15, 2003, the BOCC adopted Ordinance #031-2003, which established MCC §9.5-
18 258 (later renumbered to MCC §9.5-260 and then to MCC §130-121) to specify restrictions
19 on private property adjacent to Naval Air Station Key West (NAS-KW) within an overlay
20 district section, as opposed to within MCC §9.5-252 which pertained to the Airport (A) Land
21 Use District.
22
Page 1 of 4 (File #2012-025)
1 At their December 14, 2011 meeting, the BOCC passed Resolution #441-2011 to transmit a
2 Comprehensive Plan text amendment to the State of Florida Department of Economic
3 Opportunity (DEO) addressing the compatibility of lands adjacent to or closely proximate to
4 military installations.
5
6 At their December 14, 2011 meeting, the BOCC passed Resolution #442-2011 to transmit a
7 Future Land Use Map (FLUM) amendment to the DEO creating an overlay to the FLUM
8 series that established a military installation area of impact.
9
10 During a regularly scheduled meeting held on February 28, 2012, the Development Review
11 Committee reviewed the subject request and recommended approval to the BOCC.
12
13 During a regularly scheduled meeting held on March 28, 2012, the Planning Commission
14 reviewed the subject request and recommended approval to the BOCC.
15
16 III REVIEW
17
18 If the text amendment provided in Resolution #441-2011 and the FLUM overlay provided in
19 Resolution #442-2011 are ultimately approved, the Land Development Code must be updated
20 to be consistent with the superseding Comprehensive Plan.
21
22 The regulations within MCC §130-121 that pertain to the previously adopted (by reference)
23 "1977" AICUZ map and matrix, which are provided as figures, would become obsolete upon
24 approval of the aforementioned Comprehensive Plan amendments. Although the
25 amendments set forth in Resolutions #441-2011 and # 442-2011 have only been transmitted
26 to DEO and are yet to be adopted, staff has opted to begin the process of amending the Land
27 Development Code so that the Land Development Code amendments may be adopted at the
28 same BOCC meeting as the Comprehensive Plan amendments.
29
30 Therefore, staff recommends the following changes (Deletions are and
31 additions are underlined. Text to remain the same is in black):
32
33 Sec.130-121. iliac° Airoorts.
34
35 (a) Generally. This district provides classifications of property for existing or future
36 military airports and regulates uses around, adjacent, and in the approach zones of
37 military airports in order to:
38 (1) Establish the control of obstructions and construction of structures affecting
39 navigable airspace in accordance with criteria delineated in volume XI, part 77 in
40 Federal Aviation Regulations, Florida Department of Transportation regulations,
41 and this section.
42
43
44 e e
45
Page 2 of 4 (File #2012-025)
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40 Staff has found that the proposed text amendment would be consistent with the provisions of
41 §102-158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from those
42 on which the text or boundary was based; 2. Changed assumptions (e.g., regarding
43 demographic trends); 3. Data errors, including errors in mapping, vegetative types and
44 natural features described in volume I of the plan; 4. New issues; 5. Recognition of a need for
45 additional detail or comprehensiveness; or 6. Data updates. Specifically, staff has found that
Page 3 of 4 (File #2012-025)
I the proposed text amendments are necessary due to new issues and a recognition of a need
2 for additional detail or comprehensiveness.
3
4 Staff recommends that the Board of County Commissioners amend the Monroe County Code
5 as stated in the text of this staff report.
Page 4 of 4 (File #2012-025)
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