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Item P5 P.5 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting April 19, 2023 Agenda Item Number: P.5 Agenda Item Summary #11948 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506 Public Hearing AGENDA ITEM WORDING: A Public Hearing to Consider Approval of an Ordinance Adopting Amendments to Monroe County 2030 Comprehensive Plan Policy 501.1.1, Policy 501.1.2, Policy 501.2.2, Policy 501.2.3, Policy 501.3.1, and Policy 501.3.3, to Allow Airport Improvements, Which May Impact Hammock Areas, When There Is No Other Viable Alternative Available, at the Key West International Airport and the Florida Keys Marathon International Airport, Consistent With the Airport Master Plan (AMP) and Airport Layout Plan (ALP) For Each Public Airport, and Consistent With All Applicable Federal And State Permit/Authorization Requirements, Including Mitigation for Environmental Impacts. ITEM BACKGROUND: The Monroe County Airports Department ("Airports Department") is requesting amendments to the Ports, Aviation and Related Facilities Element of the Monroe County 2030 Comprehensive Plan, to allow airport improvements at the Florida Keys Marathon International Airport ("Marathon Airport"), consistent with the adopted Airport Master Plan ("AMP") and Airport Layout Plan ("ALP") for the public airport. In reviewing the AMP and ALP, to accomplish operational safety, conform to current Federal Aviation Administration ("FAA") standards and to meet forecasts of operational growth over the planning period, the Airports Department anticipates, some of the future airport improvements may impact hammock areas when there is no other viable alternative available. As such, the Airports Department is requesting text amendments to Comprehensive Plan Policy 501.1.1, Policy 501.1.2, Policy 501.2.3, Policy 501.3.1, Policy 501.3.3 to accomplish operational safety, conform to current FAA standards and to meet forecasts of operational growth over the planning period. Some of these airport improvements will impact the existing vegetative buffer that exists between Aviation Boulevard and the Marathon Airport. The proposed text changes will allow the airport to accomplish these safety improvements by complying with FAA standards as depicted in the ALP and to ensure future consideration and eligibility to receive federal funding. The public airport projects will continue to comply with all applicable federal and state permit/authorization requirements, including mitigation for environmental impacts. The proposed amendment addresses airport improvements at Monroe County's public airports by providing a process to review the development proposals to balance the sound economic Packet Pg. 3314 P.5 development of the County; protect and enhance the value and efficiency of the County's airports and major transportation facility; while limiting the adverse impacts of public investments on environmental resources by requiring Environmental Resource Permits ("ERPs") and mitigation for environmental impacts to compensate for the functional loss resulting from permitted hammock and vegetation impacts. As a whole, the proposed amendment protects the public health, safety, and welfare of the residents of and visitors to the Florida Keys. The improvement(s) of these Monroe County public airports is essential to: • Improve the efficient movement of people and goods to and from the airport facilities; • Attract visitors by providing multiple options to travel between destinations; • Reduce vehicular traffic on the roadway network; • Decrease congestion throughout the surrounding area; • Facilitate the movement of goods between suppliers, manufacturers, and consumers, • Provide safe, efficient, secure, and convenient service to citizens, businesses, and visitors, • Maintain utilization for natural disasters and other emergencies, with the delivery of supplies, medical transport and providing another option for evacuations; • Contribute to operational efficiency, economic growth, and competitiveness while remaining sensitive to natural environment and requiring mitigation to offset impacts; and • Achieve and/or maintain compliance with FAA standards. The Key West International Airport is identified by Property Identification Numbers 00064810- 000000, 00064850-000100, 00064840-000000, 00065120-000000, 00064820-000000 and 00065100-000000. The airport operation area is located within the parcels identified by Property Identification Numbers 00064810-000000 and 00064850-000100. The overall property contains 254.452 acres and is depicted in the images below. p A N �VI II'',f dw iJi ib, u'ijrra uu�p'kW, r Iry r � n r�i s b 4 rwo,�ln;4iraNNr% m�6Wiwrd '�� ID � Key West International Airport- Airport Operation Area(Delineated/Outlined in Yellow Above) Packet Pg. 3315 P.5 0 �ul I.A1 -- 1 — 1 -- oumumuuuouuummuummmi PROPERTY ACQUISITION LEGEND: rARCEL ACRES, ACQUI"nal'TION DATE METHOD NUMBER TYPE ACQUIRED ACQUIRED { I I NOTE; PARCEL.NO, 4 IS NOT CONEIC4kQRl5 MTH OTHER PAIRCIE.S The legal description for the Key West International Airport is provided on Sheet 13 of 13 of the Airport Layout Plan, prepared by Ricondo & Associates, Inc., dated January 2020, and approved by the Monroe County Board of County Commissioners ("BOCC", "Monroe County", or the "County") on January 22, 2020. The Florida Keys Marathon International Airport is identified by Property Identification Numbers 00101160-000000 and 00104500-000000, contains 197.40 acres, and is depicted in the images below. Packet Pg. 3316 P.5 C GR, � r jjjjjj a b l i�r N }� � " ��I"IIIIIIIppppuullVVllllllll II III " Tfl +r a� a Il lil r Florida Keys Marathon International Airport(yellow outline) s r` x 1 � 4 ' \ 5k 4 `,u �. � eamr.Fr a � �9 Yi S Ury newer iwv.a w.m»�wrno� + r�'s fwY Mli� WIKWIKMMYi11'Yi�.1wWM VIM VIM MVIM�'VIM�'VIM MVIM VIM VIM�VIM�VIN VIM VIM VIM VIM VIM�VIMi'VIM�VIl ,, J JbuRlav i!�M V.4^n^a�(w4(ova V"•:u�I�oul n�nCNVJI:f>d'NLll,;z R'°YPV U WE A11 R!,:jle D PNOr,PAE Oti0'1' R!Y, 011W' ry° 4dE"!r'W'Y. ,,,,,,,,, ,,,,,,,, ,,, U i IMrkifG"MR'F tiN C°OV&StlbC"r Yell N11,11AHEIR INPE ACQUIRED ACOUIRIFI�9 RuurrIA&Yo,,MNJEGo FREE AREA JRIN:Alu1::10M;E I IM.)2 I-EM, S14 f LIE 1IqN1 OUIT CLAIM DEED �)IN MAY.,'A rr,r A I�R AFI xruOAN a-xu:rEPARl u N RE fillflVOAM PRMECA llQN, 7.68 FEE SIMPLE MI IB5, QUIT" CLAIM DEED ZDN oaair ,NUT,)R The legal description for the Florida Keys Marathon International Airport is provided on Sheet 14 of 14 of the Airport Layout Plan, prepared by Ricondo & Associates, Inc., dated June 2020 and approved by the BOCC on June 17, 2020. Airports in the State of Florida are governed by the Airport Law of 1945, which is codified within Sections 332.01 - 332.12, Florida Statutes. The County is authorized by Florida's Airport Law of 1945 to exercise regulatory authority over the Key West International Airport and the Florida Keys Marathon International Airport even though the public airport facilities are located within the territorial limits of the respective municipalities of Key West and Marathon. Packet Pg. 3317 P.5 The Key West International Airport and Florida Keys Marathon International Airport are County public airports that receive federal funding from the FAA and must comply with operational safety requirements and compliance directives, development restrictions, and environmental protection and mitigation requirements, as set forth in the Code of Federal Regulations ("CFR") Title 2 Grants and Agreements and Title 14 Aeronautics and Space, and all referenced and implementing guidance including; National Environmental Policy Act ("NEPA"), Airport Improvement Program, Part 139 Airport Certification, and all applicable Orders, Advisory Circulars and Program Guidance Letters ("PGL"). Both County public airports also receive state funding from the Florida Department of Transportation ("FDOT") and must comply with all applicable Florida Statutes, including Title XXV Aviation, Chapters 329, 330, 331, 332 and 333, Florida Statutes. Both County public airports require an AMP and an ALP. The FAA requires airports to maintain and update their AMP, which involve a comprehensive study of the subject airport and describe a short-, medium-, and long-term development plan to meet future aviation needs (an analysis of the airport facility requirements to determine any needed upgrades or new additions to the airport based on forecasted data). The ALP is a depiction of the AMP and is a set of drawings that shows the near-, intermediate-, and long-term facilities for an airport. The Key West International Airport and Florida Keys Marathon International Airport operate under strict federal and state requirements and must follow an extensive process to update, review, and receive approval of the AMP and ALP. This comprehensive planning process occurs every five to 10 years and includes public, state, and federal agency review of the proposed future development at each airport. The updated AMP and ALP requires approval by the FAA as well as the BOCC at a public meeting. The Key West International AMP Update and ALP were approved by the BOCC on January 22, 2020, and address demand driven development of the airport to meet the long-term air transportation needs for the Florida Keys through 2035. The Master Plan is a visionary document that sets out a `road map' for the sustainable growth of the airport; it is not an approval for any specific development or project. Projects continue to require any necessary federal, state, and local approvals, including building permits and review of listed species impacts. The Florida Keys Marathon International AMP Update and ALP were approved by the BOCC on June 17, 2020, and address demand driven development of the airport to meet the long-term air transportation needs for the Florida Keys through 2036. The Master Plan is a visionary document that sets out a `road map' for the sustainable growth of the airport, it is not an approval for any specific development or project. Projects continue to require any necessary federal, state and local approvals, including building permits and review of listed species impacts. Community Meeting and Public Participation The professional staff of the Monroe County Planning and Environmental Resources Department ("Department") have determined that the proposed text amendment will not have a county-wide impact and does not require a public meeting with the BOCC ("Impact Meeting") prior to the application proceeding. In accordance with Land Development Code ("LDC") Section 102- Packet Pg. 3318 P.5 159(b)(3), a Community Meeting is not required for this proposed amendment. Development Review Committee Meeting and Public Input On November 14, 2022, the Monroe County Development Review Committee ("DRC") considered the proposed amendment and provided for public input. Planning Commission Meeting and Public Input On December 14, 2022, the Monroe County Planning Commission ("Planning Commission") considered the proposed amendment, provided for public input and recommended approval with Department professional staff-recommended edits through Planning Commission Resolution No. P35-22. Coordination with the City of Marathon Although the Marathon Airport is within the limits of the City of Marathon, permitting and development approvals are issued by Monroe County and must be consistent with the Monroe County Year 2030 Comprehensive Plan and Monroe County Land Development Code. In an effort to address any concerns with the reduction of the existing vegetated hammock buffer along Aviation Boulevard, which is specifically cited in the Marathon Comprehensive Plan, Planning and Environmental Resources Department professional staff coordinated with City of Marathon growth management staff to request their input on the proposed amendment. The City of Marathon requested that the proposed mitigation for vegetation removal be revised to reflect the City's mitigation requirements (3-to-I replacement by replanting) and ensure that all invasive exotic vegetation is removed. Staff has recommended mitigation payment into the Monroe County Environmental Land Management and Restoration Fund at a 2-to-1 ratio, per Monroe County requirements plus replanting of gaps in the remaining buffer following removal of invasive exotic vegetation, as sufficient mitigation for the removal of native habitat. Pursuant to Comprehensive Plan Policy 205.2.10 and Land Development Code Section 118-7(e), invasive exotic plant species shall be removed from a parcel proposed for development as a condition for issuance of a certificate of occupancy (or completion). PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS The Applicant's proposed text amendment request is shown as follows: deletions are ind�a. additions are shown in , uu� u_ u.rid � -J-ri;. Staff s recommended changes are show as follows: deletions are in feels fi is.t � ; a itions are shown in r mi(IcrHtic. Objective 501.1 Because of the Florida Key's unique nature as an archipelago, Monroe County shall promote the preservation of existing airports, airstrips, and related activities. Policy 501.1.1 Monroe County shall maintain aviation related land uses adjacent to the public airports and additionally prohibit intrusion into all airport zones. i-01 alit � day � y ! S arl i Cit of S I< rafliori o i�ajritairl _ie cofl�1)atlbil ay �� <bu��j:m atl� atl.� C Md__d,G;u d C__, .GbVV Md,S,_atlb �db Q`a atl M atlddre—sam gtlblm��db�� uus o (`,oJ gay Packet Pg. 3319 Policy 501.1.2 Corisisterit wifli -.-IJI 1-1,hazard --!,Il strtwtlorl -------------------------------------- '3' ----------------------- ---------------- --------------- I i,v e" arl( �Lopg �nAitl ---the i 11Y of ljsers of tl e ajlp�lqjjjq�t -ftg ",-",jjPq,11ts -----------------------][. - -L ----------------------- ------ 1, the obstnj � �(hwes the size of the area available for the of larld irl 11's-VICIT11 Y if ctlorl 1, 11� ------------------ -- ------------ -----------------------------------Y ------------------------------------------------------------------------- -- --------------------- - ---- ------------------ ----- --- ai 11�L inchi(le(I within the ---------- ------ ----------------------------------- d I I 'a t I T1 as ideritified ir 5 0 11,11 7.a------------------------------1-2oficy_ 1 . 1-a )-or--t-h-a--z--a--r-d--s-- , Monroe County shall continue to prohibit structures and activities that interfere with the operation of aircraft at airports and airstrips whether public or private. Such structures and activities.., include but are not limited to,, tall structures, smoke, tall trees, and electromagnetic radiation. Policy 501.1.3 Monroe County shall consider adopting an ordinance regulating incompatible uses such as the operation of ultralights, balloons, parachutes, kites, banner towing, model airplanes and similar activities within the proximity of the public airports or private airstrips to the extent legally possible. Policy 501.1.4 Monroe County shall continue to include existing airports and airstrips in airport land use districts that only permit airport related land uses, including those the County owns and operates within incorporated areas of the County. Policy 501.1.5 Monroe County shall encourage the development of aviation facilities and activities that relieve the traffic on U.S. I or serve as an alternative to U.S. I as a means of delivering goods and services to the community. Policy 501.1.6 Monroe County shall provide space at public airports for a wide variety of aviation activities in order to provide a wide variety of services to the community. Policy 501.1.7 The "Key West International Airport Layout Plan," prepared by Ricondo & Associates, Inc., dated January 2020 and approved by the BOCC on January 22, 2020, and the "Florida Keys Marathon International Airport Layout Plan," prepared by Ricondo & Associates, Inc., dated June 2020 and approved by the BOCC on June 17, 2020, are hereby incorporated by reference. Objective 501.2 The expansion of existing or new airport and airstrip facilities shall be coordinated with the future land use, coastal management, and conservation elements and all applicable federal and state I Packet Pg. 3320 P.5 requirements for operation, development, and environmental protection of federally obligated airports. Policy 501.2.1 The development and expansion of aviation and related facilities shall be consistent with the future land use, coastal management and conservation elements as outlined herein. The Key West International Airport and Florida Keys Marathon International Airport are public airports that receive federal funding from the Federal Aviation Administration and must comply with operational safety requirements and compliance directives, development restrictions, and environmental protection and mitigation requirements, as set forth in the Code of Federal Regulations (CFR) Title 2 Grants and Agreements and Title 14 Aeronautics and Space, and all referenced and implementing guidance including; National Environmental Policy Act (NEPA), Airport Improvement Program, Part 139 Airport Certification, and all applicable Orders, Advisory Circulars and Program Guidance Letters (PGL). Further, both public airports receive state funding from the Florida Department of Transportation and must comply with all applicable Florida State Statutes, including Title XXV Aviation, Chapters 329, 330, 331, 332 and 333. The provisions within Policy 102.1.1, Policy 203.1.1, Objective 204.2, Policy 204.2.2, Policy 204.2.3, and Policy 204.2.4 shall not apply to the Key West International Airport and the Florida Keys Marathon International Airport due to the overriding public interest for the development and expansion of aviation and related facilities, including fencing, at these public airports to support the economy of the Florida Keys, relieve increasing traffic and congestion on U.S. 1, and to enhance public health, safety and welfare. Any development and/or expansion of aviation and related facilities at these public airports will be reviewed based on the requirements below and may proceed with local approvals, provided the improvements: • Are consistent with the adopted Airport Master Plan and Airport Layout Plan; o The Key West International Airport Master Plan Update, dated September 2019, and Airport Layout Plan, dated January 2020, which were approved by the BOCC on January 22, 2020, and identifies proposed airport improvements through 2035. o The Florida Keys Marathon International Airport Master Plan Update, dated June 2020, and Airport Layout Plan, dated June 2020, which were approved by the BOCC on June 17, 2020,and identifies proposed airport improvements through 2036. • Meet federal requirements set forth by the FAA for airports that receive federal funds for airport operations and development; • Comply with all applicable federal and state environmental resource permit/authorization requirements, including mitigation to compensate for the functional loss resulting from the permitted wetland impact; o Mitigation for wetland impacts shall be in accordance with State and federal requirements. o Mitigation may include, but is not limited to, wetland enhancement, restoration, creation and/or a preservation project which may be onsite mitigation, offsite mitigation, Regional Offsite Mitigation Areas (R.O.M.A) and the purchase of mitigation credits from permitted mitigation banks. Packet Pg. 3321 P.5 o The satisfaction of mitigation requirements will be prioritized within the County, based on state and/or federal agency requirements. • Are reviewed pursuant to the "Permit Referral Process" for development that occurs within areas designated as "Species Focus Areas (SFAs)" or "Species Buffer Areas (SBAs)" as specified in the U.S. Fish and Wildlife Service (USFWS) April 30, 2010 Biological Opinion. The SFAS or SBAs are areas identified by the USFWS which contain potentially suitable habitat for nine federally protected species including: Eastern Indigo Snake, Key Deer, Key Largo Cotton Mouse, Key Largo Woodrat, Key Tree-Cactus, Lower Keys Marsh Rabbit, Schaus Swallowtail Butterfly, Silver Rice Rat, and Stock Island Tree Snail; and • Meet Monroe County Comprehensive Plan goals, objectives, and policies to the extent practicable given required federal and state obligations, to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. For development at the Key West International Airport and the Florida Keys Marathon International Airport, this policy supersedes wetland restrictions for open space requirements, restrictions on fill or structures in wetlands, and fencing into or through any wetlands or water bodies within the land development code. Policy 501.2.2 The Florida Keys Marathon International Airport and Key West International Airport shall be expanded and improved to be consistent with the needs identified in the updated Airport Master Plan and Airport Layout Plan as approved by the Board of County Commissioners. The Key West International Airport Master Plan Update and Airport Layout Plan were approved by the BOCC on January 22, 2020, and the Florida Keys Marathon International Airport Master Plan Update and Airport Layout Plan were approved by the BOCC on June 17, 2020. The Key West International Airport and Florida Keys Marathon International Airport operate under strict federal and state requirements and must follow an extensive process for update, review and approval of the Airport Master Plan and Airport Layout Plan to ensure these requirements are met. This comprehensive planning process occurs every five to ten years and includes public, federal, and state agency review of the proposed future development at each airport. The updated Airport Master Plan and Airport Layout Plans (ALP) are� approved by the FAA as well as the Board of County Commissioners at a public meeting. Policy 501.2.3 If development activities to construct or expand airport or airstrip facilities take place in environmentally sensitive wetland areas because there is no other viable alternative available, mitigation and restoration shall be required and approved according to federal and state permitting requirements. 16__� <b�a�v a� a�: T1sHuu�d �: _xl�<b �� <b �� a <b s- ill. <b� ��a takeil Jul,. erivirGumm',_Mda ] CAM abdbVC �MatldbVC V( �C 11111u�M atl�(,atl a �7C�atlVV aC,_,_,d;V�C_�C__b a �MGu G,hdV�C_� Vbatl�7�C,_,_atl�dertiatl,ive BO Bll 8 B4�ll� ll ll e llvi V" e(1 ��ll ��q Bll�� k � e �..p�llll lll � � f(llll B� h,,a occurs, within areas,,, , " , t , ; Focus, Areas ,,, s- ___ _ __ _ w __ ___ _ _ ��_�_ Q �____ _4__ ,------------------------- Buff( r , re �- �A�)77 aml w i � u�� _u�l to I u ,o uity uwwwau �<ba-wwuw ,a<b ��<bu� , i��u��uv<b cud. Packet Pg. 3322 wil n!� 1Y iwritto flie Morro C 1--Zrivil-orimerital - -----m --b -------Ll�� -I------------------------------------ ---------------------- Larld Mari 1 -1 i o V e d a I't'vid irl arl amot,�Tlt safllicie It to-1 lace each rem ----------------- - -- - -- -- -- ---- L---L- -'A---------------------- ----------1.1Ltl -2 jl--basis-, Objective 501.3 Airports and airstrips shall operate in the manner to maximize safety and least adverse impact on the community. Policy 501.3.1 County shall maintain the existing hammock along Aviation rel�..Lljjl'ed-R1jr1wa.y above i Ll --- ------- ------------� - ---- ------Ik------------ (A jects, wifldri 250 feet of fl'le as a buffer between the Marathon Airport and the b---------------------------------------------------------- residences to the north. M-o--r--r--o-----Co.--T-Vay sjj<!Jj -.li-f--it--a---r-1--co-o-rd -r-i-a---6--o--r-l------e---h-a-r--i---m----,--w------0--1--ffie---C- o Mal-a-01orl--a--r-l-d----r-d--or------fl-e- C-l- o -jo-r-1--Kfl--e---r--e-m-o--v--a--1--o--f--hI-ra-i----nm-i()-c-i-ko_a--lolr-A-g-J_ y,j_Ljt<-.-b,t --o--r---1-3-o-tfle-v--a-rd-_r-e--(�-i-j-j-r-e-d-- o--e--r-i-s--t'---e--s--a--fe---o e-r--a-t-o--r-l-s,----t--fl--i-e -j----r-d ___ -------e---a --- a- ------ -- Policy 501.3.2 Monroe County shall maintain and update the Key West International and Marathon Noise Exposure Maps and implement measures to minimize the adverse impacts of noise on the surrounding community. Policy 501.3.3 Facilities at public airports shall be built to meet or exceed federal, state, and local safety regulations as applicable. Moriroe CoijrUy sih-1,Ij JoIJ-6ze safet Jrl evahjatj L4 -,�q ------------------------ _pl----------------------Y---------------------111 ---p!,- reqt,uired for flie I' Jgjq I aircraft Jrl ]a U�rl-g rlsj , f a-L atEp�)rt or is, oflierwise llazardot,us to --------------------------- ------------------------ ---------------------------------------------------- -M------ ANALYSIS OF PROPOSED AMENDMENT The Airport Department (Applicant) provided a detailed explanation for the proposed amendment (excerpts below). The Applicant's full explanation and justification of the proposed amendments is included in the file for the application (File 2022-105). "The Florida Keys Marathon International Airport (MTH) opened in 1943. It was built by the Department of Defense through the U.S. Navy as an auxiliary airfield for Naval Air Station Key West. It was deactivated as a military facility at the end of or War 11 and initially transferred to the State of Florida, and later the Monroe County Board of County Commissioners, for use as a civilian airport. For most of its existence, the County owned-and-operated airport has been a general aviation facility. It also has had scheduled passenger airline service for more than 25 years in the past. On April 20, 2016,for the first time in approximately three decades, U.S. Customs and Immigration service became available at the airport with the completion of a new permanent Customs and Border Protection facility located in the former commercial terminal. A4TH also served I Packet Pg. 3323 P.5 an important role as a staging and post disaster recovery area during the Screwworm outbreak in 2016 and the response to Hurricane Irma in 2017. Any improvement of facilities at MTH must meet all applicable federal and state requirements for operation, development, and environmental protection. Public airports that receive federal funding from the Federal Aviation Administration (FAA) must comply with operational safety requirements and compliance directives, development restrictions, and environmental protection and mitigation requirements, as set forth in the Code ofFederal Regulations (CFR) Title 2, Grants and Agreements, and Title 14, Aeronautics and Space, and all referenced and implementing guidance including; National Environmental Policy Act (NEPA), Airport Improvement Program (AIP), Part 139 Airport Certification, and all applicable Orders, Advisory Circulars and Program Guidance Letters (PGL). Public airports that receive state funding from the Florida Department of Transportation must also comply with all applicable Florida State Statutes, including Title XXV Aviation, Chapters 329, 330, 331, 332 and 333. The key safety improvement identified in the AMP and ALP is to bring the Runway 7-25 and the parallel Taxiway A separation distance into compliance with FAA standards. The current runway centerline to taxiway centerline distance is 200 feet. FAA standards require this distance to be 240 feet. Through previous planning studies and the recently completed Environmental Assessment (EA) several alternatives were evaluated to achieve the proper runway to taxiway separation distance. As a result of the EA process the FAA Orlando Airports District office completed a Final EA and issued a Finding of No Significant Impact (FONSI) and Record of Decision (ROD) on March 30, 2020 with the preferred alternative to shift Runway 7-25 Northwest by 40 feet. Shying Runway 7-25 to the Northwest by 40 feet will achieve the FAA required 240 foot runway to taxiway separation distance. Relocating the runway will also address the existing runway pavement which is in fair condition. The Florida Department of Transportation (FODT)pavement evaluation report recommends the runway undergo major rehabilitation, which includes milling the surface of the existing runway pavement and resurfacing with asphalt. To obtain this additional 40 feet of separation Runway 7-25 will be shed 40 feet, which in turn impacts 40 feet of the existing vegetative buffer. " As noted, the Monroe County Airport Department submitted an application requesting amendments to the Ports, Aviation and Related Facilities Element of the Monroe County 2030 Comprehensive Plan, to allow airport improvements at the Florida Keys Marathon International Airport (MTH), consistent with the Airport Master Plan (AMP) and Airport Layout Plan (ALP) for each public airport. Some of the MTH airport improvements are anticipated to affect the vegetative buffer between MTH and Aviation Boulevard, as there is no other viable alternative available. The Airport Department is requesting text amendments to Policy 501.1.1, Policy 501.1.2, Policy 501.2.2, Policy 501.2.3 and Policy 501.5.3, allowing the public airport improvements to proceed, in accordance with federal and state law, to comply with requirements for the safe and efficient operation of federally funded public airports within Monroe County. The public airport projects will continue to comply with all applicable federal and state permit/authorization requirements, including mitigation for environmental impacts. Packet Pg. 3324 P.5 Specifically, the Airport Department is requesting the amendments to bring the MTH Airport into compliance which will ensure future support and eligibility in federal funding to support the improvements at MTH, which will continue to support the overriding public interest for the development and expansion of aviation and related facilities, as these facilities support the economy of the Florida Keys, relieve increasing traffic and congestion on U.S. 1, enhance public health, safety and welfare, and are required to comply with federal and state requirements for the safe and efficient operation of federally funded public airports within Monroe County The proposed amendment would allow some impacts to hammock for airport improvements where there is no other viable alternative available but would still require all applicable federal and state environmental resource permit/authorization requirements, including mitigation for environmental impacts. As noted by the Applicant, "The proposed text changes will allow the airport to accomplish these safety improvements by complying with FAA standards as depicted in the ALP and to ensure future consideration and eligibility to receive federal funding. The key safety improvement identified in the AMP and ALP is to bring the Runway 7-25 and the parallel Taxiway A separation distance into compliance with FAA standards. The current runway centerline to taxiway centerline distance is 200 feet. FAA standards require this distance to be 240 feet. Through previous planning studies and the recently completed Environmental Assessment (EA) several alternatives were evaluated to achieve the proper runway to taxiway separation distance. As a result of the EA process the FAA Orlando Airports District office completed a Final EA and issued a Finding of No Significant Impact (FONSI) and Record of Decision (ROD) on March 30, 2020 with the preferred alternative to shy Runway 7-25 Northwest by 40 feet. Shying Runway 7-25 to the Northwest by 40 feet will achieve the FAA required 240 foot runway to taxiway separation distance. Relocating the runway will also address the existing runwaypavement which is in fair condition. The Florida Department of Transportation (FODT)pavement evaluation report recommends the runway undergo major rehabilitation, which includes milling the surface of the existing runway pavement and resurfacing with asphalt. To obtain this additional 40 feet of separation Runway 7-25 will be shed 40 feet, which in turn impacts 40 feet of the existing vegetative buffer." The applicant provides the following information as it relates the Biological Study Area (BSA) which was analyzed during the EA process: Packet Pg. 3325 Eachi of the kjpl land and gyve flairiid ooirnimunnties ildentified wuthuri the BSA were evakAated. TNs evaWtiorl corrs�sted of detailed ground truthiing iinvesbgaOons to d-iaracterize the pfedonvr.wit floral com rri u�i�ties B,ypica of each habitat type, lrr a(.1d1bori, represe�itabve phi,-)tiogfaphs were taken vv,ilth n each of the cm-site conirnuniOes wiftn the 1.0PD (Attachment C),, ............................................................................................................................................................................................................................... Two k,uIAand habitats were firoUri(J to u,-)ccur w thki the BSA: tropk,,fl hardwood Ihan iri,,iiock airtd develiop)ed a4,fi6d, 1"hese up[and corruniwiitues are gisted i1irn T'able 2 and described Ibelow, The upland cotr,irnii,ai' fiesare a so depu ted of EkhiW 4, Ta le Z., Upland Land Use/Viegetati oveir within the,1B5,A FILUCKS C,ODIE DES(Riirmot�i ACRES WITHRI ID'SA 426 Try pie,.41 Rairdwoods 30A 8�I Afirports �531 TcAal Acres of UipptarW Habitat wftliin BSA N07ES, BSA—SieirogxcW Study Area FLUCKS-Fronda tar, Use Cover, and Fcons Ca!mficat�on Systeiri ScNACE &,rsn ErvvironmentzM Servqe.es In< PREPARED S RiuOm FnvorirmmeinuO Semices, 'M,Augu,�,,,t 2017 ......................................................................................................................................................................................................................... While Monroe County's Comprehensive Plan, if amended, would no longer restrict these improvements; the proposed amendment would still require all applicable federal and state environmental resource permit/authorization requirements, including mitigation to compensate for the loss resulting from the permitted removal of hammock (i.e., the replacement, enhancement, and/or preservation of environmentally sensitive lands at specified ratios based on the quality of the impacted resource). Additionally, the improvements must be identified within the Monroe County BOCC's adopted Airport Master Plan and Airport Layout Plan; the improvements must meet federal requirements set forth by the FAA; the improvements must reviewed pursuant to the 'Permit Referral Process' ("PRP") and the improvements must meet Monroe County Comprehensive Plan goals, objectives, and policies to the extent practicable given required federal and state obligations, to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. PREVIOUS RELEVANT BOCC ACTION: On January 22, 2020, the BOCC approved the Director of Airports to execute along with the Federal Aviation Administration ("FAA") the FAA-approved Airport Layout Plan ("ALP") for the Key West International Airport("EYW"). On June 17, 2020, the BOCC approved the Director of Airports to execute, along with the FAA the FAA-approved Airport Layout Plan ("ALP") for the Florida Keys Marathon International Airport ("MTH" or"Marathon Airport"). Packet Pg. 3326 P.5 On June 16, 2021, the BOCC adopted Ordinance No. 014-2021 amending provisions within Policy 102.1.1, Policy 203.1.1, Policy 204.2.2, Policy 204.2.3 and Policy 204.2.4, to address potential impacts to wetlands. On January 18, 2023, the BOCC adopted Resolution No. 050-2023 transmitting the proposed amendment to the Department of Economic Opportunity ("DEO") for review and comment. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: The Planning and Environmental Resources Department ('Department")recommends approval of the proposed amendment, with the Department professional staffs recommended edits. DOCUMENTATION: Airport Comp. Plan Ordinance 2022-105 BOCC SR 04.19.23 Ex. A to Staff Report- Marathon Master Plan Executive Summary Ex. B to Staff Report- Excerpt from the Marathon Airport Master Plan Update Ex.0 to Staff Report - Fonsi-ROD_RunwayShift EA FINANCIAL IMPACT: Effective Date: N/A Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: N/A Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: N/A Packet Pg. 3327 P.5 REVIEWED BY: Emily Schemper Completed 04/03/2023 1:33 PM Peter Morris Completed 04/04/2023 1:05 PM Purchasing Completed 04/04/2023 1:23 PM Budget and Finance Completed 04/04/2023 2:18 PM Brian Bradley Completed 04/04/2023 4:03 PM Lindsey Ballard Completed 04/04/2023 4:08 PM Board of County Commissioners Pending 04/19/2023 9:00 AM Packet Pg. 3328 P.5.a 11111*1-11111 1 0 / 2 3s 4 � ;r 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 ORDINANCE NO. -2023 0 9 10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 11 COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO 12 MONROE COUNTY 2030 COMPREHENSIVE PLAN POLICY 13 501.1.1, POLICY 501.1.2,POLICY 501.2.2, POLICY 501.2.3,POLICY CN 14 501.3.1, AND POLICY 501.3.3, TO ALLOW AIRPORT a 15 IMPROVEMENTS, WHICH MAY IMPACT HAMMOCK AREAS 16 WHEN THERE IS NO OTHER VIABLE ALTERNATIVE a� 17 AVAILABLE, AT THE KEY WEST INTERNATIONAL AIRPORT 18 AND THE FLORIDA KEYS MARATHON INTERNATIONAL 19 AIRPORT, CONSISTENT WITH THE AIRPORT MASTER PLAN < 20 ("AMP") AND AIRPORT LAYOUT PLAN ("ALP") FOR EACH 21 PUBLIC AIRPORT AND CONSISTENT WITH ALL APPLICABLE 22 FEDERAL AND STATE PERMIT/AUTHORIZATION E 23 REQUIREMENTS, INCLUDING MITIGATION FOR U 24 ENVIRONMENTAL IMPACTS; PROVIDING FOR 0 25 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING 26 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE 27 LAND PLANNING AGENCY AND THE SECRETARY OF STATE; 28 PROVIDING FOR AMENDMENT TO AND INCORPORATION IN 29 THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING 30 FOR AN EFFECTIVE DATE. 0 31 32 33 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida E 34 Statutes, the Monroe County Board of County Commissioners ("BOCC", "Monroe County", or is 35 the"County")possesses the police powers to enact ordinances in order to protect the health, safety, 0 CL 36 and welfare of the residents of and visitors to Monroe County; and 37 38 WHEREAS, the Monroe County BOCC is authorized by Florida's Airport Law of 1945 39 to exercise regulatory authority over the Key West International Airport and the Florida Keys E 40 Marathon International Airport ("Marathon Airport"); and 41 42 WHEREAS, the adopted 2030 Monroe County Comprehensive Plan includes Policies 43 501.2.2, 501.5.2, and 501.5.3,which require that the subject Key West and Marathon airports shall 44 be expanded consistent with the needs identified in the updated master plan as approved by the 45 BOCC and that Monroe County shall continue to maintain and update a master plan, and the 46 Airport Layout Plan for each public airport pursuant to the rules of the Federal Aviation 47 Administration ("FAA"); and 1 of 9 Planning and Environmental Resources Department File No.2022-105 Packet Pg. 3329 P.5.a 1 2 WHEREAS, the Key West International Airport and the Marathon Airport are public 3 airports that receive federal funding from the FAA and the Florida Department of Transportation 4 ("FDOT") and must comply with operational safety requirements and compliance directives, 5 development restrictions, and environmental protection and mitigation requirements, as set forth 6 in the Code of Federal Regulations ("CFR") and Florida Statutes; and 7 8 WHEREAS, both public airports require an Airport Master Plan ("AMP") and an Airport 9 Layout Plan("ALP")which require approval by the FAA as well as the BOCC at a public meeting; 10 and 11 12 WHEREAS, the BOCC approved the updated AMP and ALP for the Key West 13 International Airport on January 22, 2020; and N 14 N 15 WHEREAS,the BOCC approved the updated AMP and ALP for the Marathon Airport on 16 June 17, 2020; and 17 ,E 18 WHEREAS, some of the future airport improvements at the Marathon Airport may impact 19 hammock areas when there is no other viable alternative available; and 20 21 WHEREAS, the Monroe County Airports Department ("Airports Department") is 22 requesting text amendments to Policy 501.1.1, Policy 501.1.2, Policy 501.2.2, Policy 501.2.3, CL 23 Policy 501.3.1, and Policy 501.3.3, to allow airport improvements, which may impact hammock 0 24 areas when there is no other viable alternative available, at the Key West International Airport and � 25 the Marathon Airport, consistent with the AMP and ALP for each public airport and consistent 26 with all applicable federal and state permit/authorization requirements, including mitigation for 27 environmental impacts; and 28 29 WHEREAS, Monroe County policies and regulations adopted in the Monroe County 30 Comprehensive Plan and Land Development Code ("LDC") are to maintain public health, safety, 0 31 and welfare of the residents of and visitors to the Florida Keys and to strengthen our local 32 government capability to manage land use and development; and 33 34 WHEREAS,the Monroe County Development Review Committee("DRU)reviewed and 0 35 considered the proposed amendments at a regularly scheduled meeting held on November 14, Lm 36 2022; and CL 37 38 WHEREAS, the Monroe County Planning Commission ("Planning Commission") held a 39 public hearing on the 14th day of December,2022,for review and recommendation on the proposed 40 Comprehensive Plan text amendment; and 41 42 WHEREAS, based upon the information and documentation submitted, the Planning 43 Commission made the following findings of fact and conclusions of law: 44 45 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 46 Monroe County Year 2030 Comprehensive Plan; and 2of9 Planning and Environmental Resources Department File No.2022-105 Packet Pg. 3330 P.5.a 1 2. The proposed amendment is consistent with the Principles for Guiding Development 2 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), Fla. Stat.; and 3 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute; 4 5 WHEREAS, the Monroe County Planning Commission adopted Planning Commission 6 Resolution No. P35-22 recommending approval with changes as discussed during the hearing of 7 the proposed amendment; and 8 9 WHEREAS, at a regular meeting held on the 181h day of January, 2023, the Monroe 0 10 County BOCC held a public hearing to consider the transmittal of the proposed text amendment, 11 considered the Monroe County Planning and Environmental Resources Department 12 ("Department")professional staff report and provided for public comment and public participation 13 in accordance with the requirements of state and local law and the procedures adopted for public N 14 participation in the planning process; and Q 15 16 WHEREAS, at the January 18, 2023, public hearing, the BOCC considered the proposed 17 Ordinance and approved transmittal of the proposed text amendment to the State Land Planning 18 Agency; and E E 19 20 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an 21 Objections, Recommendations and Comments ("ORC report")report by or before April 19, 2023, 22 which was received by the County by or before said date; and 0 23 U 24 WHEREAS, the ORC report did not identify any objections, recommendations, or 0 25 comments; and 26 a� 27 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the 28 proposed amendment, adopt the amendment with changes or not adopt the amendment; and 29 30 WHEREAS, at a regularly scheduled meeting on the 191h day of April, 2023, the BOCC 31 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment; 32 6L 33 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 0 34 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 35 36 Section 1. Recitals and Legislative Intent. The foregoing recitals are true and correct, and 37 are hereby incorporated as if fully set forth herein. 38 39 Section 2. The text of the Monroe County Comprehensive Plan is hereby amended as follows 40 (Deletions are shown st+i e t4-etig,; additions are shown underlined): 41 42 ***** 43 44 45 Objective 501.1 3 of 9 Planning and Environmental Resources Department File No.2022-105 Packet Pg. 3331 P.5.a I Because of the Florida Key's unique nature as an archipelago, Monroe County shall promote 2 the preservation of existing airports, airstrips, and related activities. 3 4 Policy 501.1.1 5 Monroe County shall maintain aviation related land uses adjacent to the public airports and 6 additionally prohibit intrusion into all airport zones. Monroe County shall continue to 7 coordinate with the City of Key West and the City of Marathon to maintain the 8 compatibility of lands adjacent to the County airports and address airport hazards, which 9 affect the safe and efficient use of County public airports. C 10 11 Policy 501.1.2 12 Consistent with Section 333.02, F.S., Monroe County finds that an airport hazard (an 13 obstruction to air navigation) can endanger the lives and property of users of the airport N 14 and of the occupants of land in its vicinity and, if the obstruction type reduces the size of Q 15 the area available for the taking off, maneuvering, or landing of aircraft, it could destroy or 16 impair the utility of the County_public airport and the public investment therein. 17 18 Existing, planned, and proposed facilities on the County's public airports included within 19 the adopted updated Airport Master Plan and Airport Layout Plan, as identified in Policy < 20 501.1.7, shall be protected from airport hazards. 21 22 Monroe County shall continue to prohibit structures and activities that interfere with the E 23 operation of aircraft at airports and airstrips whether public or private. Such structures and is 24 activities, include but are not limited to, tall structures, smoke, tall trees, and 0 25 electromagnetic radiation. 26 27 Policy 501.1.3 28 Monroe County shall consider adopting an ordinance regulating incompatible uses such as 29 the operation of ultralights,balloons,parachutes,kites,banner towing,model airplanes and 30 similar activities within the proximity of the public airports or private airstrips to the extent 0 31 legally possible. 32 6L 33 Policy 501.1.4 E 34 Monroe County shall continue to include existing airports and airstrips in airport land use U 35 districts that only permit airport related land uses, including those the County owns and 0 CL 36 operates within incorporated areas of the County. 37 38 Policy 501.1.5 39 Monroe County shall encourage the development of aviation facilities and activities that E 40 relieve the traffic on U.S. 1 or serve as an alternative to U.S. 1 as a means of delivering 41 goods and services to the community. < 42 43 Policy 501.1.6 44 Monroe County shall provide space at public airports for a wide variety of aviation 45 activities in order to provide a wide variety of services to the community. 46 4of9 Planning and Environmental Resources Department File No.2022-105 Packet Pg. 3332 P.5.a I Policy 501.1.7 2 The "Key West International Airport Layout Plan," prepared by Ricondo & Associates, 3 Inc., dated January 2020 and approved by the BOCC on January 22, 2020, and the"Florida 4 Keys Marathon International Airport Layout Plan," prepared by Ricondo & Associates, 5 Inc., dated June 2020 and approved by the BOCC on June 17, 2020, are hereby 6 incorporated by reference. 7 8 Objective 501.2 9 The expansion of existing or new airport and airstrip facilities shall be coordinated with the 0 10 future land use, coastal management, and conservation elements and all applicable federal and 11 state requirements for operation, development, and environmental protection of federally 12 obligated airports. 13 14 Policy 501.2.1 Q 15 The development and expansion of aviation and related facilities shall be consistent with 16 the future land use, coastal management and conservation elements as outlined herein. 17 18 The Key West International Airport and Florida Keys Marathon International Airport are 19 public airports that receive federal funding from the Federal Aviation Administration and < 20 must comply with operational safety requirements and compliance directives,development 21 restrictions, and environmental protection and mitigation requirements, as set forth in the C, 22 Code of Federal Regulations (CFR) Title 2 Grants and Agreements and Title 14 E 23 Aeronautics and Space, and all referenced and implementing guidance including;National is 24 Environmental Policy Act (NEPA), Airport Improvement Program, Part 139 Airport 0 25 Certification, and all applicable Orders, Advisory Circulars and Program Guidance Letters 26 (PGL). Further, both public airports receive state funding from the Florida Department of 27 Transportation and must comply with all applicable Florida State Statutes, including Title 28 XXV Aviation, Chapters 329, 330, 331, 332 and 333. 29 30 The provisions within Policy 102.1.1, Policy 203.1.1, Objective 204.2, Policy 204.2.2 31 Policy 204.2.3, and Policy 204.2.4 shall not apply to the Key West International Airport 32 and the Florida Keys Marathon International Airport due to the overriding public interest 33 for the development and expansion of aviation and related facilities, including fencing, at E 34 these public airports to support the economy of the Florida Keys, relieve increasing traffic is 35 and congestion on U.S. 1, and to enhance public health, safety and welfare. 0 36 37 Any development and/or expansion of aviation and related facilities at these public airports 38 will be reviewed based on the requirements below and may proceed with local approvals, 39 provided the improvements: E 40 • Are consistent with the adopted Airport Master Plan and Airport Layout Plan; 41 o The Key West International Airport Master Plan Update, dated September < 42 2019, and Airport Layout Plan, dated January 2020,which were approved 43 by the BOCC on January 22, 2020, and identifies proposed airport 44 improvements through 2035. 45 o The Florida Keys Marathon International Airport Master Plan Update, 46 dated June 2020, and Airport Layout Plan, dated June 2020, which were 5of9 Planning and Environmental Resources Department File No.2022-105 Packet Pg. 3333 P.5.a I approved by the BOCC on June 17, 2020,and identifies proposed airport 2 improvements through 2036. 3 • Meet federal requirements set forth by the FAA for airports that receive federal 4 funds for airport operations and development; 5 • Comply with all applicable federal and state environmental resource 6 permit/authorization requirements, including mitigation to compensate for the 7 functional loss resulting from the permitted wetland impact; 8 o Mitigation for wetland impacts shall be in accordance with State and 9 federal requirements. C 10 o Mitigation may include, but is not limited to, wetland enhancement, 11 restoration, creation and/or a preservation project which may be onsite 12 mitigation, offsite mitigation, Regional Offsite Mitigation Areas 13 (R.O.M.A) and the purchase of mitigation credits from permitted N 14 mitigation banks. Q 15 o The satisfaction of mitigation requirements will be prioritized within the 16 County, based on state and/or federal agency requirements. 0 17 • Are reviewed pursuant to the "Permit Referral Process" for development that 18 occurs within areas designated as "Species Focus Areas (SFAs)" or "Species 19 Buffer Areas(SBAs)"as specified in the U.S.Fish and Wildlife Service(USFWS) 20 April 30, 2010 Biological Opinion. The SFAS or SBAs are areas identified by the 21 USFWS which contain potentially suitable habitat for nine federally protected CL 22 species including: Eastern Indigo Snake, Key Deer, Key Largo Cotton Mouse, E 23 Key Largo Woodrat, Key Tree-Cactus, Lower Keys Marsh Rabbit, Schaus U 24 Swallowtail Butterfly, Silver Rice Rat, and Stock Island Tree Snail; and 0 25 • Meet Monroe County Comprehensive Plan goals, objectives, and policies to the 26 extent practicable given required federal and state obligations, to enhance the a� 27 quality of life, ensure the safety of County residents and visitors, and protect 28 valuable natural resources. 29 30 For development at the Key West International Airport and the Florida Keys Marathon 31 International Airport, this policy supersedes wetland restrictions for open space 32 requirements, restrictions on fill or structures in wetlands, and fencing into or through any 6L 33 wetlands or water bodies within the land development code. E 34 U 35 Policy 501.2.2 0 36 The Florida Keys Marathon International Airport and Key West International Airport shall 37 be expanded and improved to be consistent with the needs identified in the updated Airport 38 Master Plan and Airport Layout Plan as approved by the Board of County Commissioners. 39 The Key West International Airport Master Plan Update and Airport Layout Plan were 40 approved by the BOCC on January 22, 2020,and the Florida Keys Marathon International 41 Airport Master Plan Update and Airport Layout Plan were approved by the BOCC on June 42 17, 2020. 43 44 The Key West International Airport and Florida Keys Marathon International Airport 45 operate under strict federal and state requirements and must follow an extensive process 46 for update, review and approval of the Airport Master Plan and Airport Layout Plan to 6of9 Planning and Environmental Resources Department File No.2022-105 Packet Pg. 3334 P.5.a I ensure these requirements are met. This comprehensive planning process occurs every five 2 to ten years and includes public, federal, and state agency review of the proposed future 3 development at each airport. The updated Airport Master Plan and Airport Layout Plans 4 (ALP) arei-s approved by the FAA as well as the Board of County Commissioners at a 5 public meeting. 6 7 Policy 501.2.3 8 If development activities to construct or expand airport or airstrip facilities take place in 9 environmentally sensitive wetland areas because there is no other viable alternative 10 available, mitigation and restoration shall be required and approved according to federal 11 and state permitting requirements. 12 13 If development activities to construct or expand airport or airstrip facilities take place in N 14 environmentally sensitive native vegetation areas because there is no other viable Q 15 alternative available, the activities will be reviewed pursuant to the "Permit Referral 16 Process" for development that occurs within areas designated as "Species Focus Areas 17 (SFAs)" or "Species Buffer Areas (SBAs)" and will be subject to the County mitigation a 18 standards. Removal of qualifying upland native vegetation will require payment to the 0 19 Monroe County Environmental Land Management and Restoration Fund in an amount < 20 sufficient to replace each removed plant or tree on a 2:1 basis. 21 22 Objective 501.3 E 23 Airports and airstrips shall operate in the manner to maximize safety and least adverse impact is 24 on the community. 0 25 26 Policy 501.3.1 27 Consistent with Policies 501.1.2 and 501.3.3, Monroe County shall maintain the existing 28 hammock along Aviation Boulevard, which is not located within the Federal Aviation 29 Administration (FAA) required Runway Obstacle Free Area (runway clearance 30 requirements) prohibiting above ground objects within 250 feet of the runway centerline, 0 31 as a buffer between the Marathon Airport and the residences to the north. 32 33 Monroe County shall maintain coordination mechanisms with the City of Marathon and 34 inform the City on the removal of hammock along Aviation Boulevard required to ensure U 35 safe operations at the Florida Keys Marathon International Airport. 36 37 Policy 501.3.2 38 Monroe County shall maintain and update the Key West International and Marathon Noise 39 Exposure Maps and implement measures to minimize the adverse impacts of noise on the E 40 surrounding community. 41 42 Policy 501.3.3 43 Facilities at public airports shall be built to meet or exceed federal, state, and local safety 44 regulations as applicable. Monroe County shall prioritize safety in evaluating public airport 45 development projects, particularly to address airport hazards which obstruct or cause an 7of9 Planning and Environmental Resources Department File No.2022-105 Packet Pg. 3335 P.5.a I obstruction to the airspace required for the flight of aircraft in landing or taking off at such 2 airport or is otherwise hazardous to landing or taking off at such airport. 3 4 5 6 7 Section 3. Construction. The interpretation of this ordinance, and all provisions of the 8 Monroe County Codes, Comprehensive Plan, floodplain management regulations, 9 and Florida Building Code whose interpretation arises out of, relates to, or is C 10 interpreted in connection with this ordinance, these being necessary for the health, d 11 safety, and welfare of the residents of and visitors to unincorporated Monroe 12 County, shall be construed in favor of the Monroe County BOCC, and such V- 13 interpretations shall be entitled to great weight in adversarial administrative N 14 proceedings, at trial, and on appeal. Q 15 16 Section 4. Severability, Partial Invalidity, and Survival of Provisions. If any provision of 17 this ordinance, or any section, subsection, or part or portion thereof, is held to be 18 invalid or unenforceable by any administrative hearing officer or court of E 19 competent jurisdiction, the invalidity or unenforceability of such provision, or part 20 or portion thereof, shall neither limit nor impair the operation, enforceability, or 21 validity of any other provisions of this ordinance, or any remaining section(s), CL 22 subsection(s),part(s), or portion(s)thereof. All other provisions,parts, and portions E 23 thereof shall continue unimpaired in full force and effect. U 24 0 CL 25 Section 5. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in conflict d 26 with this ordinance are hereby repealed to the extent of said conflict. The repeal of 27 an ordinance herein shall not repeal the repealing clause of such ordinance or revive 28 any ordinance which has been repealed thereby. 29 30 Section 6. Transmittal. This ordinance shall be transmitted by the Planning Director to the 0 31 State Land Planning Agency pursuant to Chapters 163 and 380, Florida Statutes. 32 6L 33 Section 7. Filin2 and Effective Date. This ordinance shall be filed in the Office of the E 34 Secretary of the State of Florida but shall not become effective until a notice is U 35 issued by the State Land Planning Agency or Administration Commission finding 0 36 the amendment in compliance with Chapter 163, Florida Statutes and after any 37 applicable challenges have been resolved. 38 39 Section 8. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated E 40 in the Monroe County Comprehensive Plan. The numbering of the foregoing 41 amendment may be renumbered to conform to the numbering in the Monroe County 42 Comprehensive Plan. 43 44 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 45 Florida, at a regular meeting held on the 191h day of April, 2023. 46 8of9 Planning and Environmental Resources Department File No.2022-105 Packet Pg. 3336 P.5.a I Mayor Craig Cates 2 Mayor Pro Tem Holly Merrill Raschein 3 Commissioner James K. Scholl 4 Commissioner David Rice 5 Commissioner Michelle Lincoln 6 7 8 BOARD OF COUNTY COMMISSIONERS 9 OF MONROE COUNTY, FLORIDA 10 11 By: 12 MAYOR CRAIG CATES 13 OROE Dm TIC"ATTORNEY CN CN 14 (SEAL) APP TO FORM Q 15 16 ATTEST: KEVIN MADOK, CLERK _ _ r '7 17 PErEP MORMS 18 ASSIc,TANT COUNTY ATTORNEY 19 AS DEPUTY CLERK Date. 4/4/23 CL CL 0 U 0 CL c� a i2 CL 6L E 0 U 0 CL E c� 9of9 Planning and Environmental Resources Department File No.2022-105 Packet Pg. 3337 err a , i 2 ` 3 4 MEMORANDUM 5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 6 7 To: Monroe County Board of County Commissioners 8 9 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources 10 2 11 From: Cheryl Cioffari, AICP, Assistant Director of Planning 0 12 Liz Lustberg, AICP, Senior Planner < 13 14 Date: March 30, 2023 15 N N 16 Subject: An ordinance by Monroe County Board of County Commissioners adopting Q 17 amendments to the Monroe County 2030 Comprehensive Plan to amend Policy 501.1.1, 18 Policy 501.1.2, Policy 501.2.2, Policy 501.2.3, Policy 501.3.1, Policy 501.3.3 to allow 0 19 airport improvements, which may impact hammock areas when there is no other viable 20 alternative available, at the Key West International Airport and the Florida Keys 21 Marathon International Airport, consistent with the Airport Master Plan (AMP) and 22 Airport Layout Plan (ALP) for each public airport and consistent with all applicable 23 federal and state permit/authorization requirements, including mitigation for 24 environmental impacts. (File 2022-105) E 0 25 U 26 Meeting: April 19, 2023 0 27 d 28 I. REQUEST M 29 30 The Monroe County Airport Department submitted an application on June 7, 2022 requesting 31 amendments to the Ports, Aviation and Related Facilities Element of the Monroe County 2030 32 Comprehensive Plan,to allow airport improvements at the Florida Keys Marathon International Airport 33 (MTH), consistent with the Airport Master Plan (AMP) and Airport Layout Plan (ALP)for each public U 34 airport which were approved on June 17,2020. In reviewing the AMP and ALP,the Airport Department 0 35 anticipates, some of the future airport improvements may impact the existing vegetative buffer that MI 36 existing between Aviation Boulevard and MTH. The Airport Department is requesting text Q 37 amendments to Policy 501.1.1, Policy 501.1.2, Policy 501.2.2, Policy 501.2.3, Policy 501.3.1, Policy N 38 501.3.3, to allow the airport to accomplish operational safety and conform to current Federal Aviation Q 39 Administration (FAA) standards and to meet forecasts of operational growth over the planning period. 40 Some of these airport improvements will impact the existing vegetative buffer that exists between 41 Aviation Boulevard and MTH. 42 43 The public airport projects will continue to comply with all applicable federal and state 44 permit/authorization requirements, including mitigation for environmental impacts. 45 46 47 48 BOCC SR 04.19.2023 Page 1 of 31 File 2022-105 Packet Pg. 3338 P.5.b 1 II. BACKGROUND INFORMATION 2 3 The Monroe County Airport Department submitted an application on June 7, 2022, requesting 4 amendments to the Ports, Aviation and Related Facilities Element of the Monroe County 2030 5 Comprehensive Plan, to allow airport improvements at the Florida Keys Marathon International 6 Airport, consistent with the AMP and ALP for the public airport. In reviewing the AMP and ALP, to 7 accomplish operational safety, conform to current Federal Aviation Administration(FAA)standards and 8 to meet forecasts of operational growth over the planning period, the Airport Department anticipates, 9 some of the future airport improvements may impact hammock areas when there is no other viable 10 alternative available. As such, the Airport Department is requesting text amendments to Policy 501.1.1 2 11 Policy 501.1.2,Policy 501.2.3,Policy 501.3.1,Policy 501.3.3 to accomplish operational safety, conform 0 12 to current Federal Aviation Administration(FAA) standards and to meet forecasts of operational growth < 13 over the planning period. Some of these airport improvements will impact the existing vegetative buffer 14 that exists between Aviation Boulevard and Marathon Airport. The proposed text changes will allow the 15 airport to accomplish these safety improvements by complying with FAA standards as depicted in the N 16 ALP and to ensure future consideration and eligibility to receive federal funding. The public airport 17 projects will continue to comply with all applicable federal and state permit/authorization requirements, 18 including mitigation for environmental impacts. 19 u 20 The proposed amendment addresses airport improvements at the County's public airports by providing < 21 a process to review the development proposals to balance the sound economic development of the 22 County; protect and enhance the value and efficiency of the County's airports and major transportation CL 23 facility; while limiting the adverse impacts of public investments on environmental resources by 24 requiring Environmental Resource Permits and mitigation for environmental impacts to compensate for U 25 the functional loss resulting from permitted hammock and vegetation impacts. As a whole,the proposed � 26 amendment protects the public health, safety, and welfare of the citizens of the Florida Keys. CL 27 28 The improvement of the County public airports is essential to: 29 • Improve the efficient movement of people and goods to and from the airport facilities, 30 • Attract visitors by providing multiple options to travel between destinations, 31 • Reduce vehicular traffic on the roadway network, 32 • Decrease congestion throughout the surrounding area, i U 33 • Facilitate the movement of goods between suppliers, manufacturers, and consumers, U 34 • Provide safe, efficient, secure, and convenient service to citizens, businesses, and visitors, MI 35 • Maintain utilization for natural disasters and other emergencies, with the delivery of supplies, Q V- 36 medical transport and providing another option for evacuations, N 37 • Contribute to operational efficiency, economic growth, and competitiveness while remaining Q 38 sensitive to natural environment and requiring mitigation to offset impacts, and 39 • Achieve and/or maintain compliance with FAA standards. 40 41 The Key West International Airport is identified by Real Estate Parcel numbers 00064810-000000 42 00064850-000100, 00064840-000000, 00065120-000000, 00064820-000000 and 00065100-000000. 43 The airport operation area is located within the parcels identified by Real Estate Parcel numbers 44 00064810-000000 and 00064850-000100. The overall property contains 254.452 acres and is depicted 45 in the images below. 46 BOCC SR 04.19.2023 Page 2 of 31 File 2022-105 Packet Pg. 3339 P.5.b r - IuMN. ,., M �IXw✓�+ 'S w,v,Un ✓»!�r�+� ,a,'�m n�✓rr ;gym W✓i NAY l,.w� uwonW,:lGi�N.-,�... �� ✓, r � 8 dN�w ,Pllltl ", � � I.. 2 CL rr; r � Iun I�,NwWwrvr7lrlNw� SwSn�"'", .. "Z3 2 Key West International Airport- airport operation area(yellow outline) 3 N N y r da �}� W �U Vie ri l 0� W yp l Y � w yy CL 7�77 4N q5y. J l vN"w'j M fh w ,�� , ��`� �r✓,'del 7n�,, ,,,, .rt,wFUr r✓ii„ 4r✓ „%✓ �, �^�© P I t3 .... ', + 0 IIIII -' p m .��' C iumumumuummuvummmmi CN I 4 I PROPERTY ACQUISITION LEGEND: U rARCEL ACRES ACWSITIQR' DATE METHOD 0 NUMBER TYPE ACQUIRED ' ACQUIRED NO 4e8 CN N N — - . I � E 5 NOTE; PARCEL N9 4 95 NOT CNNEIQUWS'NUH OTHER FARGEUS � 6 7 The legal description for the Key West International Airport is provided on Sheet 13 of 13 of the Airport 8 Layout Plan,prepared by Ricondo & Associates, Inc., dated January 2020 and approved by the BOCC 9 on January 22, 2020. 10 BOCC SR 04.19.2023 Page 3 of 31 File 2022-105 Packet Pg. 3340 P.5.b BEGIN : ✓, ui -,< . ,., a- I .I,: e, f I. ✓i , xa .. ✓, -, CL2 a LO „r ,c , , N 101- w , CN r POINT OF BEGINNING E 2 3 4 5 The Florida Keys Marathon International Airport is identified by Real Estate Parcel numbers 00101160 CL - 6 000000 and 00104500-000000, contains 197.40 acres and is depicted in the images below. 0 7 1� 0 r; C, r� ✓ i I� "''rya r il��(Jm(N' �l f,✓ rY, � � i .�k iy E n 00 u Pik{ �'i � u iuumii�uuuu iyiI ✓ ��h I �� iiiiiiiiiiiiiiii LO CN C14 9 Florida Keys Marathon International Airport (yellow outline) E 10 11 BOCC SR 04.19.2023 Page 4 of 31 File 2022-105 Packet Pg. 3341 P.5.b n e L/nr�i,RJ//iA.. � a o 1 � 2 Mai WMfWMfM*d'11YM1'NM'ViM IIM IIM IMIIM M'IMF'IIMXVIMIIMIMIIMIIMi11M11M11M11M11M11M11M CL r ,�uPrP�eiwo>CsdvC?v.�(°o�n cuCLlmmoVurM�;ii'r 0 U n=w.o'oURE AlRman:o.nH a M AIENT � M PROPERTY ArCQ UI'S TICIAII LEGEAIID:� C19 W TINOATw AIRFII n1 PWFIAENI e°a PARCUL C,C,IISI,a AC e0t)I'SITION I)AT1i; III! CwIHT'N'r I'Y'PE ACQUIRED +UCQUIfICI) RIUN1111vol*,BJ GI FREE M AOMAu 14.0 o C'd N I 1IS .1 FEM. SIM111LIE 11��58 WIT CLAIM DEWY tlMJNRAAYSinC''" P40rdX,..+a�li�4�w�u�TF C14 J .GFT FEE ``IICAI''LIF:, 11L85,. OUI"I` CLAIM DEED n„TrT,wmm�mwnm,�rnaNri�iHaia�a��M'>ti�ux,,raTrrn°iir;,;�� .�+ �w x nu o.o-�rnR4 n a.lrrX,�u�e 3 4 5 The legal description for the Florida Keys Marathon International Airport is provided on Sheet 14 of 6 14 of the Airport Layout Plan,prepared by Ricondo & Associates, Inc., dated June 2020 and approved 7 by the BOCC on June 17, 2020. IOL CL 8 0 LEGAL DESCRIPT,I'ON�PARCEL.'-9 U A PARCEL CA LAND DESCRIBED AS COM NG AT A CONCRETE 100 NUNNET+NT ON THE PARC Il "A"' C I ARY OF SECTION 1,TOW4SIRIP04 RANK ',32 EAST, AT A POINT (189,72 ACRES M OK OR LESS)AGWRED FROM TTTE STATE 125,2t FEET ON9RIH OF THIS SOUTINTEST COFINM Of SAID SECTION T.AEI RUN CJF FLORIDA,STATE Rom,DEPT. BY OUIT CM ITS NORTH 6751' FAST 54 FEET FOR PONT OF BEGINININQ R04M CONTINUE NORTH DATM7T DECNOn 24.195R,RECORDED IN BOOK 1144%PACE.S'95 G"7"51'®(EAST'70 , FEET TO THE BWWNG OF A CURVE TC1 IRMT HAYM A OF WE AFFTC4.AL REOMOS OF M ONNROE CC4kHfT11, FLC IFA RADIUS CIF 2NO.93 FEET AND CENTRAL AJNOLE OF 1OVW, THENCE NORTHEAST TL:Y ALONG SAO OAVE TO RIGHT 520e27 MET TCN POINT CE TANIOENCr, THENCE NCIRINM MCEL* �s 77"51"EAST M.43 FEET, THENCE NCTiTN 2 99"WEST 1185.bd FTET;, THENCE (T. ACRE NNORE OR Imo) AOX001 MAY(Ii,RT'CLAINI SOUTH 67'51° WEST'79,52.84 FEET 70 A FONT 50 FEET EAST OF THE VEST LINE DEM PER FDOT AQUWENT DATED 1/29 5 Or 8ECTION 1, THENCE S UIN!N:NIT'd2,W WEST 1077 41 FEET TO 1IFE PORT OP IIEIANN CONNTAW40 189:7''2 ACRES, WORE OR,LESS SP INTEREST ON THE DWRING RJMNINA'Y I PROTECTION VMS OUTSIDE OF PROPERTY BOUNDAWS,IS U LIEGAL DESCRIPTI'ON JPARGEL'"2") PROTECTM IBY NOMM COUNTY OODE ARMLE NIL, L) 'AIRPORT DISTITICT".SEC SS" 1 2T7"140"19-28I1,, A PARCEL T,1M LAW IN SECTION 1,TOATNNSTIIP 66 SGNJTH,RANGE $2 EAST AND IN bCMNNERINNC2 AIIIRRAT ZONES AIRSPACE HEICINT LIWTATIONS M I SECTION 6. TCIAINSFNP NS SIt7VTh RANGE XI EAST,1CAC A KEY, MIONRI1E COUNTY. AND LANO USE IESTTNI TONS,. LO PNLC7RtlRNA,BEING THE NORTHERLY 40.04 REET OF'STATE ROAD 4—A ADJQR&40 THE SOUTHERLY BOUNDARY C1F"THAT CEIRTAIIN PARCEL T A"VIRED FROM 11FIE STATE' TOTAL ACREAM PARCELS1 & 2 @ 19740 OF FN.CIR'INTA, STATE ROAD DEPARTMENT 13Y CIUTOT CUW DEED,DATED I ', 29 N 19 O AND RM WORDED IN OFFICIAL RED ROOK 144,PAGE'%0 AND 591 OF CD N THE PUBUC RECORDS C7F'WOWOE GCAJFNTY, FLORVA LESS IN THE INVEST 2649 N 9 FEET'THMOF.$AID IPARC;1 L C ONTAM ?. ACRE p MACE OR LESS. , 10 The County is authorized by Florida's Airport Law of 1945 to exercise regulatory authority over the 11 Key West International Airport and the Florida Keys Marathon International Airport even though the 12 public airport facilities are located within the territorial limits of the cities. Airports in the State of 13 Florida are governed by the Airport Law of 1945, which is codified within Sections 332.01 - 332.12, 14 F.S. 15 16 The Key West International Airport and Florida Keys Marathon International Airport are County public 17 airports that receive federal funding from the Federal Aviation Administration and must comply with 18 operational safety requirements and compliance directives, development restrictions, and BOCC SR 04.19.2023 Page 5 of 31 File 2022-105 Packet Pg. 3342 P.5.b I environmental protection and mitigation requirements, as set forth in the Code of Federal Regulations 2 (CFR) Title 2 Grants and Agreements and Title 14 Aeronautics and Space, and all referenced and 3 implementing guidance including; National Environmental Policy Act(NEPA), Airport Improvement 4 Program, Part 139 Airport Certification, and all applicable Orders, Advisory Circulars and Program 5 Guidance Letters (PGL). 6 7 Both County public airports also receive state funding from the Florida Department of Transportation 8 and must comply with all applicable Florida State Statutes, including Title XXV Aviation, Chapters 9 329, 330, 331, 332 and 333, F.S. 10 2 11 Additionally,both County public airports require an Airport Master Plan(AMP) and an Airport Layout 0 12 Plan (ALP). The Federal Aviation Administration (FAA)requires airports to maintain and update their < 13 Airport Master Plans. AMPS involve a comprehensive study of the Airport and describes short-, 14 medium-, and long-term development plan to meet future aviation needs (an analysis of the airport 15 facility requirements to determine any needed upgrades or new additions to the airport based on N 16 forecasted data). The ALP is a depiction of the AMP and is a set of drawings that shows the near-, 17 intermediate-, and long-term facilities for an airport. 18 19 The Key West International Airport and Florida Keys Marathon International Airport operate under 20 strict federal and state requirements and must follow an extensive process to update,review and receive E 21 approval of the Airport Master Plan (AMP) and an Airport Layout Plan (ALP). This comprehensive 22 planning process occurs every five to ten years and includes public, state and federal agency review of 23 the proposed future development at each airport. The updated AMP and ALP requires approval by the 24 FAA as well as the Board of County Commissioners at a public meeting. 0 25 1� 26 The Key West International Airport Master Plan Update and Airport Layout Plan were approved by the 27 BOCC on January 22, 2020, and addresses demand driven development of the airport to meet the long- 28 term air transportation needs for the Florida Keys through 2035. The Master Plan is a visionary , 29 document that sets out a `road map' for the sustainable growth of the Airport; it is not an approval for 30 any specific development or project. Projects continue to require any necessary federal, state and local 31 approvals, including building permits and review of listed species impacts. 32 33 The Florida Keys Marathon International Airport Master Plan Update and Airport Layout Plan were U� 34 approved by the BOCC on June 17, 2020, and addresses demand driven development of the airport to 0 35 meet the long-term air transportation needs for the Florida Keys through 2036. The Master Plan is a Mi 36 visionary document that sets out a `road map' for the sustainable growth of the Airport, it is not an Q 37 approval for any specific development or project. Projects continue to require any necessary federal, N 38 state and local approvals, including building permits and review of listed species impacts. N 39 40 The Monroe County Comprehensive Plan defines the following relevant terms: 41 42 Airport means any area of land or water, or any manmade object or facility located thereon, which is used, or 43 intended for use, for the landing and takeoff of aircraft, and any appurtenant areas that are used, or intended for 44 use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and 45 facilities located thereon. There are both public and private airports,which are differentiated as follows: 46 (a)A public airport is publicly or privately owned, meets minimum safety and service standards, and is open for 47 use by the public; and 48 (b)A private airport is publicly or privately owned, and is available for use by invitation of the licensee. Services BOCC SR 04.19.2023 Page 6 of 31 File 2022-105 Packet Pg. 3343 P.5.b I may be provided if authorized by the Florida Department of Transportation. 2 3 Environmentally Sensitive Lands means areas of native habitat requiring special management attention to protect 4 important fish and wildlife resources and other natural systems or processes. Environmentally sensitive lands 5 typically include wetlands and other surface waters, tropical hardwood hammocks and pinelands. 6 7 Native Upland Vegetation/Habitat(also Upland Native Vegetation/Habitat) means native plant species, either 8 new growth or mature, occurring within native upland plant communities including pinelands, cactus 9 hammocks,palm hammocks or tropical hardwood hammocks. Within pineland habitats, the dominant canopy 10 consists of slash pines(Pinus elliottii var.densa).Many of the species include: [see Glossary for list of species] 11 2 12 Public Interest means demonstrable environmental, social, and economic benefits which would accrue to the 0 13 public at large as a result of a proposed action. < 14 15 Wetlands means those areas that are inundated or saturated by surface water or groundwater at a frequency and 16 a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically CN 17 adapted for life in saturated soils.Soils present in wetlands generally are classified as hydric or alluvial,or possess Q 18 characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally 19 consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil 20 conditions described above. These species, due to morphological, physiological, or reproductive adaptations, 21 have the ability to grow,reproduce,or persist in aquatic environments or anaerobic soil conditions. (Florida Keys 22 wetlands include freshwater marsh, salt marsh,buttonwood, salt ponds,freshwater lenses,mangroves, and some 23 areas of tropical hardwood hammocks and pinelands). 24 CL 25 Similarly, the Monroe County Land Development Code defines the following relevant terms: CL 26 0 27 Airport means any area of land or water, or any manmade object or facility located thereon, which is used, or U 28 intended for use, for the landing and takeoff of aircraft, and any appurtenant areas that are used, or intended for 0 29 use,for airport buildings or other airport facilities or rights-of-way,together with all airport buildings and facilities 30 located thereon. There are both public and private airports,which are differentiated as follows: < 31 (1) A public airport is publicly or privately owned, meets minimum safety and service standards, and is open for � 32 use by the public; and 6 33 (2) A private airport is publicly or privately owned, and is available for use by invitation of the licensee. Services 34 may be provided if authorized by the Florida Department of Transportation. 35 36 Airport use means fixed-and rotary-wing aircraft operations,which may include retail sales and service operations U 37 related to public or general aviation,including aircraft sales,repair and storage, commercial shipping and storage, 0 38 and restaurants designed to serve aviation passengers, and other airport-related public uses. However, the use of Mi 39 a site by any ultra-light aircraft that meets the criteria for maximum weight,fuel capacity and airspeed established Q 40 for such aircraft by the U.S.Federal Aviation Administration shall be considered an airport use if the site is within N 41 five nautical miles of either a public or military airport or 3,000 feet from the boundaries of a private airport. Q 42 43 Environmentally sensitive lands means areas of native habitat requiring special management attention to protect 44 important fish and wildlife resources and other natural systems or processes. Environmentally sensitive lands E 45 typically include wetlands and other surface waters, tropical hardwood hammocks and pinelands. 46 47 Native upland vegetation/habitat(also upland native vegetation/habitat)means native plant species, either new 48 growth or mature, occurring within native upland plant communities including pinelands, cactus hammocks, 49 palm hammocks or tropical hardwood hammocks. Within pineland habitats, the dominant canopy consists of 50 slash pines (Pinus elliottii var. densa). Many of the species include: [Full list included in LDC Section 101-1.] 51 BOCC SR 04.19.2023 Page 7 of 31 File 2022-105 Packet Pg. 3344 P.5.b I Private airport means an area used for landing and takeoff of aircraft that is either publicly or privately owned, 2 and which is used primarily by the licensee but which is available for use by invitation of the licensee. Services 3 may be provided if authorized by the Florida Department of Transportation. The term includes SugarloafAir port, 4 Tavernaero Airport Park, Summerland Key Airport, Ocean Reef Airport, and any other airport or airfield to be 5 constructed in the county that meets these requirements. 6 7 Public airport means an area used for landing and takeoff of aircraft; is either publicly or privately owned; and 8 which meets minimum safety and service standards and is open for use by the public.The term includes Key West 9 International Airport, Florida Keys Marathon Airport and any other public airport or airfield to be constructed in 10 the county that meets these requirements. 11 2 12 Public interest means demonstrable environmental, social, and economic benefits which would accrue to the 0 13 public at large as a result of a proposed action. < 14 15 Wetlands means those areas that are inundated or saturated by surface water or groundwater at a frequency and 16 a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typicallyCN 17 adapted for life in saturated soils.Soils present in wetlands generally are classified as hydric or alluvial,or possess Q 18 characteristics that are associated with reducingsoil conditions. The prevalent vegetation in wetlands generally p g g Y 19 consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil 20 conditions described above. These species, due to morphological, physiological, or reproductive adaptations, E 21 have the ability to grow,reproduce,or persist in aquatic environments or anaerobic soil conditions.Wetlands are 22 those areas that meet the criteria specified in the State of Florida's Wetland Delineation Manual and/or the United �E 23 States Army Corps of Engineers Interim Regional Supplement to the Corps of Engineers Wetland Delineation 24 Manual:Atlantic and Gulf Coastal Plain Region.The term wetlands also includes adjoining wetlands and isolated 25 wetlands. Adjoining wetlands includes wetlands separated from other Waters of the United States by man-made C, 26 dikes or barriers,natural river berms,beach dunes, and similar barriers.Isolated wetlands includes wetlands that E 27 are not contiguous,bordering, or neighboring other Waters of the United States. (Florida Keys wetlands include U 28 freshwater marsh, saltmarsh,buttonwood, salt ponds, freshwater lenses, mangroves, and some areas of tropical 0 29 hardwood hammocks and pinelands.) L 30 74 31 M 32 Community Meeting and Public Participation `, 33 Staff has determined that the proposed text amendment will not have a county-wide impact and does not 34 require a public meeting with the BOCC (Impact Meeting) prior to the application proceeding. In 35 accordance with LDC Section 102-159(b)(3), a Community Meeting is not required for this proposed 36 amendment. U U 37 38 Development Review Committee Meeting and Public Input 00 1 LO 39 On November 14, 2022, the DRC considered the proposed amendment and provided for public input. 40 41 Planning Commission Meeting and Public Input 42 On December 14, 2022, the Planning Commission considered the proposed amendment, provided for a 43 public input and recommended approval with conditions through Resolution P35-22. 44 45 Previous relevant BOCC Action 46 On January 22, 2020, the BOCC approved the Director of Airports to execute along with the FAA the 47 FAA approved Airport Layout Plan (ALP) for the Key West International Airport (EYW). 48 49 On June 17, 2020, the BOCC approved the Director of Airports to execute, along with the Federal 50 Aviation Administration (FAA), the FAA approved Airport Layout Plan (ALP) for the Florida Keys 51 Marathon International Airport(MTH). BOCC SR 04.19.2023 Page 8 of 31 File 2022-105 Packet Pg. 3345 P.5.b 1 2 On June 16, 2021, the BOCC adopted Ordinance 014-2021 amending provisions within Policy 102.1.1, 3 Policy 203.1.1, Policy 204.2.2, Policy 204.2.3 and Policy 204.2.4, to address potential impacts to 4 wetlands. 5 6 On January 18, 2023,the BOCC adopted Resolution 050-2023 transmitting the proposed amendment to 7 the Department of Economic Opportunity for review and comment. 8 9 Coordination with the City of Marathon 10 Although the MTH Airport is within the limits of the City of Marathon, permitting and development 2 11 approvals are issued by Monroe County. In an effort to address any concerns that adjacent property 0 12 owners may express at the reduction of the existing vegetated hammock buffer along Aviation < 13 Boulevard, which is specifically cited in the Marathon Comprehensive Plan, County Staff coordinated 14 with City of Marathon Staff requesting input on the proposed amendment. The City of Marathon 15 requested that the proposed mitigation for vegetation removal be revised to reflect the City's mitigation N 16 requirements (3 to 1 replacement) and ensure that all invasive exotic vegetation is removed. Staff has 17 recommended mitigation payment into the Monroe County Environmental Land Management and 18 Restoration Fund at a 2 to 1 ratio, per County requirements plus replanting of gaps in the remaining 19 buffer following removal of invasive exotic vegetation, as sufficient mitigation for the removal of native 20 habitat. 21 22 Pursuant to Comprehensive Plan Policy 205.2.10 and Land Development Code Section 118-7(e), 23 invasive exotic plant species shall be removed from a parcel proposed for development as a condition 0. 24 for issuance of a certificate of occupancy (or completion). 0 25 U 26 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS 0 27 28 The Applicant's proposed text amendment request is shown as follows: deletions are in b1� --s -4k:e 29 -44r-ougg+; additions are shown in blije-t,vid- di rie'. Staff s recommended changes are show as follows: 30 deletions are in feel ��au9�� I��0aaag�i; additions are shown in reel micicd tic. 31 i 32 33 Objective 501.1 U 34 Because of the Florida Key's unique nature as an archipelago, Monroe County shall promote the U 35 preservation of existing airports, airstrips, and related activities. MI 36 Q 37 Policy 501.1.1 N 38 Monroe County shall maintain aviation related land uses adjacent to the public airports and Q 39 additionally prohibit intrusion into all airport zones Mo a <_� at.r t shall a �roi rii.. o ao rdirlbtea_ -- _ _ 40 will, ai�i__�M�_ay iid_ Amy__ � ,d__aiuMld__ahii__C_iay o ma raflio i _o ilia jritajri _diie__-_-ot��11<b6bilI y o larids b➢tl � aM b �tlC� ab _ ddCaa �( aMC ��41 ff llerlt 42 uu ,e of �__iiuuuig�_l�iuu�� <bi�liiii�m. 43 44 Policy 501.1.2 45 Corlsis erd i � si dor 3,0 Moriro � dyfr s, ds ar air !� beard i �s iu dlorl __ i , _ i ii ____ __ _________ _ u � _ iiii i <b i _ 46 i Carl Div w bo iiiuul i W iai,i _ _ 47 of land i-ri__ia_m_via_iriJamy_ab�i�iid a�i�_g��i aitwtlori aylii°_ridljc s ah--e__size_o ah-i__area_available_,diii _the BOCC SR 04.19.2023 Page 9 of 31 File 2022-105 Packet Pg. 3346 P.5.b I taking uudd,uuu<u ueu_uuveu_I � _��<bu�u�in ��aircral is � otfld d strop o u��l�<b�u u�u� u�d��ay o u ie( noun udm 2 lluuuu <bul�uuua <buui oiu _1�uuD��uu uuuv ,auuu ua aiubuuuu. 3 4 Ex a uu,u lull uuu uuu �uu iuuuluuuu --"-u ullufi a auu ll `uuuuu 'u luu0 �� `°uuluuuua , u -u uu a iflduu _ ie 5 <b��uu�ruDg _uuuu��<ugu_d_, uu�lu 2E _S�Iast, a 111aru <uuuu;_�i__/ uuuuuuu,�_� <u�uuuud__��<u u, <b�,_u��,enti _ed u u [,ofiu_y`ufD 11 _ll_! 6 ,hall D,l Iuuv�a�u avu� duuuuuu <buulluuuu�u<be<uuvi`m. 7 8 Monroe County shall continue to prohibit structures and activities that interfere with the 9 operation of aircraft at airports and airstrips whether public or private. Such structures and 10 activities, include but are not limited to,, tall structures, smoke, tall trees, and electromagnetic 2 11 radiation. 0 12 13 Policy 501.1.3 14 Monroe County shall consider adopting an ordinance regulating incompatible uses such as the 15 operation of ultralights, balloons, parachutes, kites, banner towing, model airplanes and similar N 16 activities within the proximity of the public airports or private airstrips to the extent legally 17 possible. 18 19 Policy 501.1.4 20 Monroe County shall continue to include existing airports and airstrips in airport land use 21 districts that only permit airport related land uses,,,including those the County owns and operates 22 within incorporated areas of the County. 23 C, 24 Policy 501.1.5 0 25 Monroe County shall encourage the development of aviation facilities and activities that relieve U 26 the traffic on U.S. 1 or serve as an alternative to U.S. 1 as a means of delivering goods and 0 27 services to the community. 28 29 Policy 501.1.6 30 Monroe County shall provide space at public airports for a wide variety of aviation activities in 31 order to provide a wide variety of services to the community. 32 33 Policy 501.1.7 U� 34 The "Key West International Airport Layout Plan," prepared by Ricondo & Associates, Inc. 35 dated January 2020 and approved by the BOCC on January 22, 2020, and the "Florida Keys 001 LO 36 Marathon International Airport Layout Plan," prepared by Ricondo & Associates, Inc., dated Q 37 June 2020 and approved by the BOCC on June 17, 2020, are hereby incorporated by reference. N 38 N 39 Objective 501.2 40 The expansion of existing or new airport and airstrip facilities shall be coordinated with the future 41 land use, coastal management, and conservation elements and all applicable federal and state 42 requirements for operation, development, and environmental protection of federally obligated 43 airports. 44 45 Policy 501.2.1 46 The development and expansion of aviation and related facilities shall be consistent with the 47 future land use, coastal management and conservation elements as outlined herein. 48 BOCC SR 04.19.2023 Page 10 of 31 File 2022-105 Packet Pg. 3347 P.5.b I The Key West International Airport and Florida Keys Marathon International Airport are public 2 airports that receive federal funding from the Federal Aviation Administration and must comply 3 with operational safety requirements and compliance directives, development restrictions, and 4 environmental protection and mitigation requirements, as set forth in the Code of Federal 5 Regulations (CFR) Title 2 Grants and Agreements and Title 14 Aeronautics and Space, and all 6 referenced and implementing guidance including; National Environmental Policy Act(NEPA), 7 Airport Improvement Program, Part 139 Airport Certification, and all applicable Orders, 8 Advisory Circulars and Program Guidance Letters (PGL). Further, both public airports receive 9 state funding from the Florida Department of Transportation and must comply with all applicable 10 Florida State Statutes, including Title XXV Aviation, Chapters 329, 330, 331, 332 and 333. 2 11 0 12 The provisions within Policy 102.1.1, Policy 203.1.1, Objective 204.2, Policy 204.2.2, Policy < 13 204.2.3, and Policy 204.2.4 shall not apply to the Key West International Airport and the Florida 14 Keys Marathon International Airport due to the overriding public interest for the development 15 and expansion of aviation and related facilities, including fencing, at these public airports to N 16 support the economy of the Florida Keys,relieve increasing traffic and congestion on U.S. 1, and 17 to enhance public health, safety and welfare. 18 19 Any development and/or expansion of aviation and related facilities at these public airports will 20 be reviewed based on the requirements below and may proceed with local approvals, provided �E 21 the improvements: 22 • Are consistent with the adopted Airport Master Plan and Airport Layout Plan; 23 o The Key West International Airport Master Plan Update,dated September 2019, 24 and Airport Layout Plan, dated January 2020, which were approved by the 0 25 BOCC on January 22, 2020, and identifies proposed airport improvements 1� 26 through 2035. 27 o The Florida Keys Marathon International Airport Master Plan Update, dated 28 June 2020, and Airport Layout Plan, dated June 2020, which were approved by , 29 the BOCC on June 17, 2020, and identifies proposed airport improvements 30 through 2036. 31 • Meet federal requirements set forth by the FAA for airports that receive federal funds i 32 for airport operations and development; 33 • Comply with all applicable federal and state environmental resource U U 34 permit/authorization requirements, including mitigation to compensate for the 35 functional loss resulting from the permitted wetland impact; I 36 o Mitigation for wetland impacts shall be in accordance with State and federal V- 37 requirements. N 38 o Mitigation may include,but is not limited to,wetland enhancement,restoration, N 39 creation and/or a preservation project which may be onsite mitigation, offsite 40 mitigation, Regional Offsite Mitigation Areas (R.O.M.A) and the purchase of 41 mitigation credits from permitted mitigation banks. 42 o The satisfaction of mitigation requirements will be prioritized within the 43 County, based on state and/or federal agency requirements. 44 • Are reviewed pursuant to the "Permit Referral Process" for development that occurs 45 within areas designated as "Species Focus Areas (SFAs)" or "Species Buffer Areas 46 (SBAs)" as specified in the U.S. Fish and Wildlife Service (USFWS) April 30, 2010 47 Biological Opinion. The SFAS or SBAs are areas identified by the USFWS which BOCC SR 04.19.2023 Page 11 of 31 File 2022-105 Packet Pg. 3348 P.5.b I contain potentially suitable habitat for nine federally protected species including: 2 Eastern Indigo Snake, Key Deer, Key Largo Cotton Mouse, Key Largo Woodrat, Key 3 Tree-Cactus, Lower Keys Marsh Rabbit, Schaus Swallowtail Butterfly, Silver Rice Rat, 4 and Stock Island Tree Snail; and 5 • Meet Monroe County Comprehensive Plan goals, objectives, and policies to the extent 6 practicable given required federal and state obligations, to enhance the quality of life, 7 ensure the safety of County residents and visitors, and protect valuable natural 8 resources. 9 10 For development at the Key West International Airport and the Florida Keys Marathon 2 11 International Airport, this policy supersedes wetland restrictions for open space requirements, 0 12 restrictions on fill or structures in wetlands, and fencing into or through any wetlands or water 13 bodies within the land development code. 14 15 Policy 501.2.2 N 16 The Florida Keys Marathon International Airport and Key West International Airport shall be 17 expanded and improved to be consistent with the needs identified in the updated Airport Master 18 Plan and Airport Layout Plan as approved by the Board of County Commissioners. The Key 19 West International Airport Master Plan Update and Airport Layout Plan were approved by the 20 BOCC on January 22, 2020, and the Florida Keys Marathon International Airport Master Plan �E 21 Update and Airport Layout Plan were approved by the BOCC on June 17, 2020. 22 23 The Key West International Airport and Florida Keys Marathon International Airport operate 24 under strict federal and state requirements and must follow an extensive process for update, 0 25 review and approval of the Airport Master Plan and Airport Layout Plan to ensure these 1� 26 requirements are met. This comprehensive planning process occurs every five to ten years and 27 includes public, federal, and state agency review of the proposed future development at each 28 airport. The updated Airport Master Plan and Airport Layout Plans (ALP) approved by the , 29 FAA as well as the Board of County Commissioners at a public meeting. 30 31 Policy 501.2.3 i 32 If development activities to construct or expand airport or airstrip facilities take place in en 33 environmentally sensitive wetland areas because there is no other viable alternative available, U� 34 mitigation and restoration shall be required and approved according to federal and state 0 35 permitting requirements. Mi 36 37 16 �e � 111erl activities, o �ow"I� o eJbu � sar [2 -' 'IL6e take I rlC 1 � __ ( �v J � ii _ _ _ CN 38 C MVb G:h M �C Mdatl��S m( M abdbVC _T1atl JVe__Kg datldbGh M areas atls beca,VVs d�iere_is trio G ie viable atllter Matldive N 39 cB aiIahl__ Q' B4 Q'llO llQll �:� V ll f' b4gCa:��q B Q Q"Qk Q �� CrYllQ � '' ll C B I�ll k4 �:�a�� for 40 (level occurs, cll�ca ll�� kcus,, __ _ _____ ___ �_ ��_�a � _ _ -_ _f_ _ll-_ B�- vc E 41 uf( r�� _(51As " aml will be sojy � � " 111fi� ,dardards" 1�ef :)v l of_ _ � � " 42 d2 I<b db _ aa i S < _ _ et _Tl b j 43 ib i uvid rl arl 1m)1jT1d ; d"1JiJCr11_di v d—,Ll _a � ( a ( - i i � � _ _ 44 45 46 Objective 501.3 47 Airports and airstrips shall operate in the manner to maximize safety and least adverse impact on the 48 community. BOCC SR 04.19.2023 Page 12 of 31 File 2022-105 Packet Pg. 3349 1 2 Policy 501.3.1 3 County shall maintain the existing 4 hammock along Aviation Boulevard,--wl-iicl]---J s-n-ot--1-o-cated---within—the---1`ederal---A-v-J ati on 5 1 E�S.L�Ltlgd Rljnway �g Area Its), ------------------------- ---------------- ------------ 6 wifldn 250 feet of-ffie_run_w,,J� .c �mte r e as a buffer between ------------------------------------------ -7 the Marathon Airport and the residences to the north. 8 9 maintain coordination mechanisms, wi-01 dill_("It of maraflion and inform y------------------------------------------ 0 10 theCi onthe rem oVal of"hamin oCk_a10U4.A�Lj,,qJon to ensan-e �al"C' - -1y- ----- ------- ----------------------- ----- -------------------------------- I I at Elie 1101,Jda_Kc y�,, ,i tern -, ) A' CL ---------------------- ---- ------- 0 12 13 Policy 501.3.2 14 Monroe County shall maintain and update the Key West International and Marathon Noise 15 Exposure Maps and implement measures to minimize the adverse impacts of noise on the N 16 surrounding community. 17 18 Policy 501.3.3 E 19 Facilities at public airports shall be built to meet or exceed federal, state, and local safety 20 regulations as applicable. Monroe C v shall -!�!!Jtjze safe-Ly C a �'Y Jn evahmtina.p , 1, E ----------------- --- --------- --------------- - -------------------- ------ 21 22 o bn. cti on i ' - - -- --- -- -"a-rc-raltinla 1d-i - 11t fle -- ---- - -- ----- -- 23 or is ofllerwise llazardot,�s to s!j�.,J! -,-!J!-I -1- CL ---------------------------------------------------------- E 24 0 25 U 26 1�0 27 IV. ANALYSIS OF PROPOSED AMENDMENT 28 M 29 The Airport Department (Applicant) provided a detailed explanation for the proposed amendment 30 (excerpts below). The Applicant's full explanation and justification of the proposed amendments is 31 included in the file for the application (File 2022-105). 32 33 "The Florida Keys Marathon International Airport (MTH) opened in 1943. It was built by the U U 34 Department ofDefense through the U.S. Navy as an auxiliary airfield for Naval Air Station Key West. 0 35 It was deactivated as a military facility at the end of World War II and initially transferred to the State MI LO 36 ofFlorida, and later the Monroe County Board of County Commissioners,for use as a civilian airport. 37 For most of its existence, the County owned-and-operated airport has been a general aviation facility. N 38 It also has had scheduled passenger airline service for more than 25 years in the past. On April 20, N a 39 2016,for the first time in approximately three decades, U.S. Customs and Immigration service became N 40 available at the airport with the completion of new permanent Customs and Border Protection facility 41 located in the former commercial terminal. MTH also served an important role as a staging and post E .a 42 disaster recovery area during the Screwworm outbreak in 2016 and the response to Hurricane Irma in 43 2017. 44 Any improvement of facilities at MTH must meet all applicable federal and state requirements for 45 operation, development, and environmental protection. Public airports that receive federal funding 46 ftom the Federal Aviation Administration(FAA)must comply with operational safety requirements and 47 compliance directives, development restrictions, and environmental protection and mitigation 48 requirements, as set forth in the Code of Federal Regulations (CFR) Title 2, Grants and Agreements, 49 and Title 14, Aeronautics and Space, and all referenced and implementing guidance including; BOCC SR 04.19.2023 Page 13 of 31 File 2022-105 Packet Pg. 3350 P.5.b I National Environmental Policy Act (NEPA), Airport Improvement Program (AIP), Part 139 Airport 2 Certification, and all applicable Orders, Advisory Circulars and Program Guidance Letters (PGL). 3 Public airports that receive state funding fi^om the Florida Department of Transportation must also 4 comply with all applicable Florida State Statutes, including Title XXV Aviation, Chapters 329, 330, 55 331, 332 and 333. 7 The key safety improvement identified in the AMP and ALP is to bring the Runway 7-25 and the parallel 8 Taxiway A separation distance into compliance with FAA standards. The current runway centerline to 9 taxiway centerline distance is 200 feet. FAA standards require this distance to be 240 feet. Through 10 previous planning studies and the recently completed Environmental Assessment (EA) several 11 alternatives were evaluated to achieve the proper runway to taxiway separation distance. As a result 12 of the EA process the FAA Orlando Airports District office completed a Final EA and issued a 0 13 Finding of No Significant Impact(FONSI) and Record of Decision (ROD) on March 30, 2020 with 'a 14 the preferred alternative to shift Runway 7-25 Northwest by 40 feet. 15 16 Shifting Runway 7-25 to the Northwest by 40 feet will achieve the FAA required 240 foot runway to 17 taxiway separation distance. Relocating the runway will also address the existing runway pavement N 18 which is in fair condition. The Florida Department of Transportation (FODT)pavement evaluation 19 report recommends the runway undergo major rehabilitation, which includes milling the surface of the 20 existing runway pavement and resurfacing with asphalt. 21 a 22 To obtain this additional 40 feet ofseparation Runway 7-25 will be shifted 40 feet, which in turn impacts 23 40 feet of the existing vegetative buffer." 24 25 CL 26 As noted, the Monroe County Airport Department submitted an application requesting amendments to E 27 the Ports, Aviation and Related Facilities Element of the Monroe County 2030 Comprehensive Plan,to U 28 allow airport improvements at the Florida Keys Marathon International Airport(MTH), consistent with 0 CL 29 the Airport Master Plan (AMP) and Airport Layout Plan (ALP) for each public airport. Some of the 30 MTH airport improvements are anticipated to affect the vegetative buffer between MTH and Aviation 31 Boulevard, as there is no other viable alternative available. The Airport Department is requesting text 32 amendments to Policy 501.1.1, Policy 501.1.2, Policy 501.2.2, Policy 501.2.3 and Policy 501.5.3, ' 33 allowing the public airport improvements to proceed, in accordance with federal and state law,to comply 34 with requirements for the safe and efficient operation of federally funded public airports within Monroe 35 County. The public airport projects will continue to comply with all applicable federal and state Ui 36 permit/authorization requirements, including mitigation for environmental impacts. U 37 MI 38 Specifically, the Airport Department is requesting the amendments to bring the MTH Airport into Ul) 39 compliance which will ensure future support and eligibility in federal funding to support the N 40 improvements at MTH,which will continue to support the overriding public interest for the development Q 41 and expansion of aviation and related facilities, as these facilities support the economy of the Florida 42 Keys,relieve increasing traffic and congestion on U.S. 1, enhance public health, safety and welfare, and 43 are required to comply with federal and state requirements for the safe and efficient operation of federally 44 funded public airports within Monroe County 45 46 The proposed amendment would allow some impacts to hammock for airport improvements where there 47 is no other viable alternative available but would still require all applicable federal and state 48 environmental resource permit/authorization requirements, including mitigation for environmental 49 impacts. 50 BOCC SR 04.19.2023 Page 14 of 31 File 2022-105 Packet Pg. 3351 P.5.b I As noted by the Applicant, "The proposed text changes will allow the airport to accomplish these safety 2 improvements by complying with FAA standards as depicted in the ALP and to ensure future 3 consideration and eligibility to receive federal funding. The key safety improvement identified in the AMP 4 and ALP is to bring the Runway 7-25 and the parallel Taxiway A separation distance into compliance with FAA 5 standards. The current runway centerline to taxiway centerline distance is 200 feet. FAA standards require this 6 distance to be 240 feet. Through previous planning studies and the recently completed Environmental Assessment 7 (EA)several alternatives were evaluated to achieve theproper runway to taxiway separation distance. As a result 8 of the EA process the FAA Orlando Airports District office completed a Final EA and issued a Finding of No 9 Significant Impact(FONSI) and Record of Decision (ROD) on March 30, 2020 with the preferred alternative to 10 shift Runway 7-25 Northwest by 40 feet. 11 CL 12 Shifting Runway 7-25 to the Northwest by 40 feet will achieve the FAA required 240 foot runway to taxiway ,0 13 separation distance. Relocating the runway will also address the existing runway pavement which is in fair 14 condition. The Florida Department of Transportation (FODT) pavement evaluation report recommends the 15 runway undergo major rehabilitation, which includes milling the surface of the existing runway pavement and 16 resurfacing with asphalt. N 17 a 18 To obtain this additional 40 feet of separation Runway 7-25 will be shifted 40 feet, which in turn impacts 40 feet 19 of the existing vegetative buffer." 20 a 21 The applicant provides the following information as it relates the Biological Study Area (BSA) which 22 was analyzed during the EA process: 23 CL C, Each of the ul:wllaiid aIi wotlhalrid owniruuril�ties Il oiitifiec� with ii the HA werre eval'Llated,, TKls evalluatioii E coinsisted of detaHecl girotiind tra;_ithirig Illy vest:ii atJoiris to characterize the Ilaredoirlliiarit: f111o14I coin n u16ties U tyl,)�Icall of each Ihabitat t'"tIE e. Iin add it:iioiri, rol-wlrosolrntative— l_wlhrotogiralilh s we-ire talkeir wuthiilri oath of tlie- rwlrl-site � C, coilnii�s witlhholri the Lt)PD (Att chi ent ),, 24 � Two Ulrwlllalrld habitats welre foUnd to occuir w tlriln the SSA tlrol:wl�cal hardwood Iravnimorlk and developed aildiellld These uplan rominv.,ilinitaies are. IIisted in Table 2 and desclribed beI bw. The afire 'ils el-ally-t:ecl oir� Ekhlllbiit 4 I U U TablIe 2. Uplaind Laind Use/Vegetative Cbver within the BSA, LO I Fl.lu_CFC` U OC E DE rCRIF9la.)N A C RE wUIUH III U14 IA N cN 426 Tropical Hardwoods 30 4 c14 8°111 Airp slits 15311r1 0 Totall Acres,of tUpilland IHabitat within, 135A 183 5 E NOTFr_ BSA—&oilcg cs+ill Study Arpa FILUCF6 s—e,,or'tlx#rr Land,Lisv-,Crarrpr,and(Forms, I�a_,Gr'nrxkneui �,��tenn a`"a SOURGE &i kktt EnVironmenttalll aiervl es„ In, PREPARED BY: Biiulkktt Enuircinmenttalll Serdlire5,, Ilinic August 2017 25 26 While the County's Comprehensive Plan, if amended, would no longer restrict these improvements; the 27 proposed amendment would still require all applicable federal and state environmental resource BOCC SR 04.19.2023 Page 15 of 31 File 2022-105 Packet Pg. 3352 P.5.b I permit/authorization requirements, including mitigation to compensate for the loss resulting from the 2 permitted removal of hammock (i.e. the replacement, enhancement, and/or preservation of 3 environmentally sensitive lands at specified ratios based on the quality of the impacted resource). 4 Additionally, the improvements must be identified within the BOCC adopted Airport Master Plan and 5 Airport Layout Plan; the improvements must meet federal requirements set forth by the FAA; the 6 improvements must reviewed pursuant to the "Permit Referral Process;" and the improvements must 7 meet Monroe County Comprehensive Plan goals, objectives, and policies to the extent practicable given 8 required federal and state obligations,to enhance the quality of life, ensure the safety of County residents 9 and visitors, and protect valuable natural resources. 10 g 11 0 12 Additionally, it should be noted, that the public airports are subject to the review requirements included < 13 within Policy 206.1.4 and Sections 122-2 and 122-8, regarding the United States Federal Emergency 14 Management Agency (FEMA) and United States Fish and Wildlife Service (FWS) Required "Permit 15 Referral Process" (PRP) included in permit determinations for development to administer the National N 16 Flood Insurance Program (NFIP). 17 18 As a brief summary of the development of the PRP, Section 7 of the Endangered Species Act (ESA) 19 requires Federal agencies to consult with FWS to determine whether there would be negative effects a 20 based on their activities on federally protected species and their habitat,prior to taking action within an E 21 area that may impact species or their habitat. In 1990,the National Wildlife Federation, Florida Wildlife 22 Federation, and the Defenders of Wildlife (Plaintiffs) filed suit against FEMA and FWS, claiming that 23 FEMA had not consulted with FWS, as required by the Endangered Species Act, while implementing CL 24 the NFIP. As a result, FWS issued a Biological Opinion (BO) for the effects of the NFIP on federally 0 25 protected species in the Keys on April 30, 2010. U 26 27 As required by the ESA,the BO provided Reasonable and Prudent Alternatives (RPA)for four jeopardy 28 species and Reasonable and Prudent Measures (RPM) for five non jeopardy species. Based on input , 29 from the Plaintiff and interested parties, the RPA's were subsequently revised and the revised RPA's 30 became final with the execution of the Settlement Agreement on January 6, 2011. 31 32 As a result of the actions, the County adopted Ordinance 015-2012, amending Chapter 122 Floodplain Li 33 Regulations of the Monroe County Code, creating Section 122-8 to provide for the inclusion of FEMA U 34 and FWS requirements. This ordinance creates and implements the "Permit Referral Process." 0 35 M 36 The "Permit Referral Process" includes a review of all development that occurs within areas designated Q 37 as "Species Focus Areas (SFAs)" or "Species Buffer Areas (SBAs)". The SFAS or SBAs are areas N 38 identified by the FWS which contain potentially suitable habitat for nine federally protected species N 39 including: Eastern Indigo Snake, Key Deer, Key Largo Cotton Mouse, Key Largo Woodrat, Key Tree- 40 Cactus,Lower Keys Marsh Rabbit, Schaus Swallowtail Butterfly, Silver Rice Rat, and Stock Island Tree 41 Snail. 42 43 The Biological Opinion dated April 30, 2010, modified on December 14, 2010, and RPAs provide a 44 review method to address habitat loss and indirect effects from floodplain development as well as 45 stipulates the take impacts that can occur. The BO establishes an implementation/review process through 46 Species Assessment Guides, which determines potential impacts to the specific listed species. The BO 47 allows the County to issue permits that impact a certain amount of acreage for each type of listed species 48 (table 18 from the BO). BOCC SR 04.19.2023 Page 16 of 31 File 2022-105 Packet Pg. 3353 P.5.b 1 2 The maximum impact acreage in the BO is far less than the amount of acreage that exists within the 3 Focus Areas for the listed species (see table below); and the Species Assessment Guides allow for impact 4 to habitat to be compensated for,in accordance with the County's mitigation requirements, without that 5 impact being deducted from the overall allowable acreage and "take" limits for the County. Only those 6 permit applications which result in a"May Affect" determination for the listed species would cause the 7 impact to be deducted from the overall allowable acreage and "take" limits for the County. 8 9 The FWS has approved, through Species Assessment Guides, habitat compensation via replacement of 10 lost vegetation through protection or restoration of habitat, and/or monetary contributions, according to 2 11 the County's land development regulations. 0 12 13 As a note, the County provides an annual report to FWS and FEMA on the implementation of the PRP. 14 The most recent reporting period (September 13, 2020 to September 12, 2021),provides the remaining 15 take for each species: CN 16 CN Table 4. EXEMPTED,DEDUCTED,AND REMAINING INCIDENTAL TAKE IN SQUARE FEET Of HABITAT AND NUMBER OF RE51DENCES FROM 9/13t12 TO 9t12/21. Ile ellb @ I c $ fir¢ yt tip �cs va c` h` Ka" TOTAL EXEMPTED 04CIDENTALTAKE 33,6501�04Y 121658,586 9,487,363 9A37,368. 76 10,368,220'�9A61,232 3,64'�1,06 296� 575 7,545,388 '�s2.2 349. 10.868,22.0 U n .. _ 1� PRIOR NEARI61,C UM'ULATIV 0 DEDUCT'EDINCIDENTALTAKE 40,100 167,94'2 234,85.0. 23418-50 0 0 224,798 196,524 0, 01 0 0 174,970 I N 7/13,112 to 9/12120I CURRENT REPORTING PERIOD DEDUCTED INCIDENTAL TAKE 0 7„000 19,562'.. 19,562 0 0 19,562 0, 0,. C 81 0 0 0,. I9/13129 Ro 9/1,21211� t�s ... .........,. ....... .... P'ERCEFI'T OF TAKE'.USED 9/1.3/12 t o 9/1.2,/21 0.12561 138% 2168% 2.68"JAB O100%,, U00% 258% 5140% 000% O',00% '2,60% 0.00% 0,0016 1611% �b ...AM1AF4L48Li REMAINING 1..,,.,, ,..... ..,..., ,.., ...., „ ... ..,.,.., ......... ........ ..., ....... •.. ,,.,.., , AKE 17 BEGINNIWw.9/1.3/21 33GLO,01O0 12,483394 9,232,956 9,232,9S6 76 10,868220 9,2ll6'962 3A�15 A792 296 575 7,309,937 522 349 ,10,693,25'O I 18 19 As noted in the table above: �sI 20 • Eastern Indigo Snake has an incidental take of 33,650,100 SF and the cumulative take utilized is 0 21 40,100 SF, with a remaining available take of 33,610,000 SF. MI 22 • Key Tree cactus has an incidental take of 10,868,220 SF and the cumulative take utilized is 0 SF, Q 23 with a remaining available take of 10,868,220 SF. CN 24 • Stock Island Tree snail has an incidental take of 10,868,220 SF and the cumulative take utilized CN 25 is 171,220 SF, with a remaining available take of 10,693,250 SF. 26 27 While there is take remaining, the County Biologist has indicated, based on an initial review, that 28 proposed actions at the public airports are Not Likely to Adversely Affect (NLAA) the listed species). 29 During building permit review, the County will review the specific development proposal and designs 30 and mitigation proposal through the Permit Referral Process. 31 32 33 It should be clearly noted that, the County has also received Finding of No Significant Impact(FONSI) 34 and Record of Decision (ROD) on March 30, 2020 for the proposed improvements at MTH Airport BOCC SR 04.19.2023 Page 17 of 31 File 2022-105 Packet Pg. 3354 P.5.b I (Exhibit C). The FAA requires compliance with the National Environmental Policy Act (NEPA) and 2 implementing regulations issued by the Council on Environmental Quality (CEQ). 3 4 NEPA requires environmental review of proposed actions directly undertaken by the FAA and to actions 5 undertaken by a non-Federal entity(County)where the FAA has authority to condition a permit, license, 6 or other approval. 7 8 The EA determines whether or not an action has the potential to cause significant environmental effects. 9 Based on the EA, the following actions can occur: 10 • If the agency determines that the action will not have significant environmental impacts,the agency 2 11 will issue a Finding of No Significant Impact(FONSI). A FONSI is a document that presents the 0 12 reasons why the agency has concluded that there are no significant environmental impacts < 13 projected to occur upon implementation of the action. 14 • If the EA determines that the environmental impacts of a proposed Federal action will be significant, 15 an Environmental Impact Statement is prepared. N 16 17 On March 30, 2020, the FAA issued a Finding of No Significant Impact on the EA and determined the 18 Environmental Assessment(EA)prepared for the project Impact Statement is not necessary for Taxiway 19 Extension,Apron Expansion,and Security Fencing Improvements at the Key West International Airport. 20 This review included the participation of the U.S. Environmental Protection Agency, US Army Corps �E 21 of Engineers, U.S. Fish and Wildlife Service, National Marine Fisheries Service, Florida Fish and 22 Wildlife Conservation Commission,the South Florida Water Management District and the Florida State 23 Clearinghouse (the Florida Department of Environmental Protection coordinates coastal consistency C. 24 review among state agencies). 0 25 U 26 Pertinent excerpts from the FONSL 0 LO c� i U i U LO i N N N c� BOCC SR 04.19.2023 Page 18 of 31 File 2022-105 Packet Pg. 3355 BACKGROUND: The Florlicla, Ile, Marathon International Airport (MTHI), is owned and operated by Monroe Couiint�y (also referred to Iin this. docurneint as the "County" o�r "Airport Sponscr"). The airport is a, public-use geneirdl aviation aliirpert 'that supports air chairter, a.ir taxi, air cargo, and generdl aviation activity., 'The, airpoirt's, role lis classified) as a Reglional AJirport lin the, Federal Aviation Adnniinistra,tioin's, National Plan of Integrated Airport Systems (NPIAS). The City of Marathon and the airport are, located) on Baca Key in the middlle portion of the Florida Keys., The distance, bet,-rveen the centerlines of Runway 7-25 and pardlIel Taxiway A is, .2 2,00 feet. Appljcablle FAA airport design standairds. require a runway-to-taxiway separation, distance of 240, feet. Monroe, County requested approval to shlift the 0 Runway 7-2,5 centeirJne 40 feet to the northwest to provide the required separation distance. Because the proposed impiroverneints, reciWire, federal actiloin, an Environmental Assessment SEA) was prepared by the Counity ,f'or the FAA`s uise, in complying with the requirem N ents of the ational Environm en tal Policy Act of' 1969 CN CN Q (NEPA). The EA was. prepared lin accordance with Council on, Environmental Quidlity (CEO) regUlations irnpllementiing IN,EPA FAA. Order 5050.41B, NEPA JrMp lementirng Instructict7s for Airport Actions; and FAA Order 10,50.1 F', E Environmental Impacts: Policies and Procedures., E ThJs Findling of No, &ignificant Impact (FONSI) and Record of Decision (ROD), provides the, FAA's enVironmental determination, approval, and conclitions, for agency actions. necessary to impllement thie, Proposed Action,, This, FONSUROD is, E based on, information and analyses contained in the attached Environmental 0 Assessment foe, Runway and Taxiway Separation Im pro VeMents, which is, U 1� incorporated by reference, and other related docuirnents, available to the a ency. 0 CL The ROD is issued in accorclaince, w[thi CEO regulations at 40 CFR, §1505.2. .......... U U 0 LO N N Q N E BOCC SR 04.19.2023 Page 19 of 31 File 2022-105 Packet Pg. 3356 Biological Ilesoumes - The Proposed Action would clear, 4,0 feet of trees and shrubs, along the edlge of a 220-fo,o't wiide strip, of vegetation that runs along the, north side, of the airfield. No fill or excavation would take place, in the cleared area- Mitigation for, loss of habitat values associated wiith, tropical Ihardwood harnniock and imangr,ove, wetlands, would be provided off-site. 'T'he, Proposed Action, would also affect ap pro xiniately 0.22 acre ofmangrove, wetlands, which are designated as Essential IFIish IF-la itat (EFH)., Due to IHurnjted tidal influence, and access to, the mangrove wetlands, the Proposed Action, wo ldl have, no adverse, effect on, EFH. 0 Federally-Listed Species - �N�o, Critical Habitat is present on or adjacent to the0, project site. 'Through consultation,with the, U.S. Fish and Wildlife Service (USFWS), it was determined the Proposed Action, may affect, not likely to adversely affect Blodgett's wild mercu Ga ry, rber's, spurge, sand flax, Seniiaphor,e cactus, an Nd N CD Sinipsoni's tree, cactus. These plant species, ar,e also, state-listed. The project site, would be, surveyed for these speciies prior to construction. Any individual plants, of E these species, found within the project site, would be relocated to an area that would not Ike, disturbed. E Based on the ongoing consultation with the US,FWS,, the, FAA deterniined the, Proposed Action may affect, not likely to adversely affect the, federally-listed Anierican, oro,codile, Eastern indigo snake, IKey silverside, mangrove, rivulus, and 0 E Stock Island ,tree, small,, Ilan addition, consultation with 'the, National Marine, Fisheries, UIt 0 Service, determined the, Proposed Action would Iha.ve no effect on the, smalltooth sawfish. State-Listed Species - Other than the species listed discussed above, no, effects, on state-listed plant and aninial species-are anticipated. ........................................ 0 LO CD CN CN CD CN E BOCC SR 04.19.2023 Page 20 of 31 File 2022-105 Packet Pg. 3357 Section 7 Consultation, — FAA initiated consultation, with the USFVVS and 'the, consultation lis on-going. DuHng 'the, consultation process, 't�he, FAA, and US,FVVS agreed to the, fdlowing:� 1. The FAA and Monroe County agree to have their agents conduct a survey for the Stock Ilslllarnd tree, small at the Marathon Aiir'por't runway relocation, project site, and provide, a report detalHlng the, ires,uillts of the s,u r,vey to the USFVVS, prior to completion of the, UISFWS's, consultation, on, the project. The survey will the conducted lirn accordance, with, the CL Service's "Stoclk Island Tree nailll urvey Protocol." 0 2. For the purposes of completing the IEnviironmenta,l Assessment, the Environmental Assessment WHI ireflect FAA's determinatiOn of May Affect, Not Likely to Adversely Affect the, Stodk Isllandl tree snail. The IE,A N will linclude Monroe County"s comnilitment to Ihave, their agent sur CNvey for Q the Stock Island tree, snail durling the permitting process. Upon completion, of'the survey, should the Stock IIslandl tree snail be identified E on, the project site, Monroe County would, iin coordination with the USFVVS,, agree to relocate the snlaiHs to appropriate Ihabitat., Relocation E woUd not occur n�tlilll the FAA irecellves the USFWS,"s, signed Biological Opinion for the project. J, C. E 0 3. With USFWS concurrence wiith, this approach, 'the, FAA can issue a U It FONSIVROD for the project,, committing to, the, survey and nnitigation, 0 CL strategy, yet allowing the Iprojiect to, move foirvard into desk in and permitting., �. Upon completion, of the Stock Island tree small survey during permittin:gi, the Draft Biological Assessment M11 be 'finalized to reflect the (FAA's determination for the project's, effects to the Stock IIslland tree, snail. The determination will be, listed as either "'may affect, not likely to adversely U U affect", if notodk Island tree snails, are observed du rling 'the survey, 0 or "may affect, likely to, adversely affect", if Stodk Island tree snails, are M LO observedi duringthe, survey. CN 5. The Environmental Assessment and IBiological Assessment w CNill reflect Q CN the cactus species found on, site, as the, Harrisia fragrans., .................................................................................................................................................................................................. E BOCC SR 04.19.2023 Page 21 of 31 File 2022-105 Packet Pg. 3358 6. In the itevis,ed Draft Biological Assessment, after, completion of the Environniental Assessment, but prior to the conclusion, of formal consultation, Monroe County will 1provide a detailed relocation 1plan, for the Simp son's, apple, cactus for review and approval FWS., Thie enviro�nmental apipiroval provided iin, this Findibg of No Significant Impact and Record of Decision its coMing&n't coin thie coin clusiio�n of FAA'"s co�nsultafion wiith, the USF'WS and the Coun'ty's implem&ntationi of sing CL rnitigatio�n or conservatio�n measures deemed necessary dluriinig the, co�nsultation process,., Until such fime that consultation, iiis concluded &nd 17 CN co�nservati ea on ms u�res Mo are, implemented, �nroe Coun'ty shiall snot alterCN or Q I CN affect &ny vegIetatiio�n and habitat associated with thie Stock. IslAnd tree snail and the, SimpsoWs tree cactus. E ........................ E Coastal Resource — The, IProposed Action would clear vegetation within 0.,22, it of mangrove, wetlands designated as, Essential IFish Habitat (EF11-1). Of the, 0 affected wetlanids, only 0.1,8 acre is, tidally influenced and the con�nection, to, tida,l] E U waters, isthrough a, pipe, u�nder an adjacent roadway. Although, no, adverse effects, It 0 on, IEFFII are, anticipated, rniifigafionfor the loss of' wetlanid Ihabitat will Ibe provided during the pair oject's permitting phase. This mitigation would also comp&ns-ate the, mibor impacts to EFH,. During construction,, measures would be irnpleme�nted to, conitrol erosion and sedimentation. Although there would be a net decrease, iin, the, arnount of impervious, surface, at IMTIK, the airport's stormwater, niznagenient systern would Ibe, modified to, attenuate and treat storm water runciff,fir orn the shifted MI run,way. These, measures would rninimjze the spotentia] for inidirect inip Uacts to the, U rernAining wetlands., rnaingroves, and EFH 0. MI LO The Draft EA was, sub minted to the, Florida State Clearinghouse for, review. Iln Its' CN response,, the Clearinghouse stated the State "has no objections to allocation of CD CD CN federal funds, for the subject project and,, therefore,,, the fundil ng award is, consistent 4i with the Florida Coastal If anagemenit Program"'. The, State's final co�ncurrence, of E .a the project' con sistenicy with the, FCMP will be, deterniiined during the, environnienta] ermitti�n iprocess. < Based on, the, analys1s, contained lin the EA aind the State of Fl irlida° ireview, 't�he, Proposed Action would not cause, significan't coastal resource impacts., 4 ............................ 5 BOCC SR 04.19.2023 Page 22 of 31 File 2022-105 Packet Pg. 3359 P.5.b I V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE 2 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES. 3 4 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County 5 2030 Comprehensive Plan. Specifically,it furthers: 6 7 Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of 8 County residents and visitors, and protect valuable natural resources. 9 10 Policy 101.5.19: The principal purpose of the Airport District(AD) future land use category is to facilitate 0 11 the operations of airports and their compatible uses and to prohibit the development of residential uses C 12 (excluding temporary non-emergency housing), non-compatible educational uses (including but not limited 13 to pre-K through high schools) and/or other uses which are characterized by the regular presence of large 14 numbers of people within the hazard areas of civil and military airports. In addition to privately owned civil 15 airports located within the unincorporated areas of the County, this Monroe County Future Land Use Map 16 (FLUM)designation applies to the airports owned by the County within the cities of Key West and Marathon, CN 17 and the County shall have review authority over all permit applications. 18 19 Objective 102.1: Monroe County shall require new development to comply with environmental standards 20 and environmental design criteria which will protect wetlands,native upland vegetation and beachiberm areas. 21 22 Objective 102: Monroe County shall maintain Environmental Standards (Section 118-1) and Environmental 23 Design Criteria (Section 118-6) of the Land Development Code. These regulations will require new 24 development to further protect wetlands,native upland vegetation and beachiberm areas. CL 25 26 Policy 102.2.1: Monroe County shall maintain environmental standards and environmental design criteria as U 27 indicated in Conservation and Coastal Management Policy 204.2.5 that eliminate the net loss of disturbed 28 wetlands.Mitigation for wetland impacts shall be in accordance with State requirements. In instances where C. 29 mitigation is required by the U.S.Army Corps of Engineers but not by FDEP or SFWMD, Federal mitigation 30 requirements shall apply. 31 32 Policy 102.2.2: Monroe County shall maintain environmental standards and environmental design criteria as 33 indicated in policies adopted pursuant to Conservation and Coastal Management Objective 205.2 that protects 34 native upland vegetation and promotes restoration of habitat values of native upland communities,including 35 hardwood hammocks and pinelands. i 36 U 37 Policy 102.2.3: Monroe County shall maintain environmental standards and environmental design criteria as 38 indicated in policies adopted pursuant to Conservation and Coastal Management Objective 210.1 that will L01 39 protect beachiberm resources by addressing permitted uses, siting of structures, disturbances, removal of 40 invasive vegetation, and restoration of native vegetation in beachiberm areas. � 41 C14 42 Objective 203.1: Monroe County shall protect its mangrove wetlands by continuing to implement regulations 43 which will further reduce disturbances to mangroves and which will mitigate the direct and indirect impacts 44 of development upon mangroves. 45 46 Policy 203.1.2: Monroe County shall require minimum vegetated setbacks of fifty(50) feet to be maintained 47 as an open space buffer for development occurring adjacent to all types of wetlands except for tidally 48 inundated mangrove fringes and as provided for in Policy 204.2.3,204.2.4 and 204.2.5. If a 50-foot setback 49 results in less than 2,000 square feet of principal structure footprint of reasonable configuration, then the 50 setback may be reduced to allow for 2,000 square feet of principal structure footprint of reasonable 51 configuration, provided that the setback is not reduced to less than twenty-five (25)feet. On properties 52 classified as scarified adjacent to wetlands, the wetland setback may be reduced to twenty-five (25) feet, BOCC SR 04.19.2023 Page 23 of 31 File 2022-105 Packet Pg. 3360 P.5.b I without regard to buildable area, if the entire setback is managed in accordance with County regulations 2 approved by the County Biologist and is placed under conservation easement. 3 4 Objective 204.1: Monroe County shall identify potential wetland restoration sites and identify high quality 5 wetland sites for possible future acquisition by the County, State and/or private non-profit conservation 6 organizations. 7 8 Policy 204.1.1: Monroe County may coordinate with other agencies in developing and administering a 9 wetlands restoration program. 10 11 Policy 204.1.2: Monroe County shall work cooperatively with the USACE,EPA,FWS,FDEP and FWC,and 2 12 others as appropriate, to determine funding sources to support a wetlands restoration program. 0 13 14 Policy 204.1.3: Monroe County shall coordinate with the FWC to update as needed and maintain the existing LO 15 freshwater wetlands and disturbed wetlands mapping. 16 17 Objective 204.2: Monroe County shall not allow the loss of undisturbed wetlands or the net loss of disturbed Q 18 wetlands. 19 20 Policy 204.2.1: Monroe County shall utilize the Wetlands Evaluation Procedure(KEYWEP)to determine the ,E 21 functional capacity of wetlands and Uniform Mitigation Assessment Method (UMAM) to determine 22 mitigation requirements for impacts to wetlands. 23 24 Policy 204.2.5: Monroe County shall maintain environmental standards and environmental design criteria 25 which provide minimum vegetated setbacks of fifty (50) feet to be maintained as an open space buffer for C. 26 development occurring adjacent to all types of wetlands except for tidally inundated mangrove fringes and as E 27 provided for in Policies 204.2.3, and 204.2.4. The setback is measured from the landward extent of the U 28 wetlands as determined pursuant to 62-340.300 F.A.C. 0 CL 29 30 If a 50-foot setback results in less than 2,000 square feet of principal structure footprint of reasonable 31 configuration, then the setback may be reduced to allow for 2,000 square feet of principal structure footprint 32 of reasonable configuration, provided that the setback is not reduced to less than twenty-five (25) feet. On 33 properties classified as scarified adjacent to wetlands,the wetland setback may be reduced to twenty-five(25) 34 feet,without regard to buildable area,if the entire setback area is planted and maintained in native vegetation 35 with a site-suitable stormwater management plan in accordance with County regulations and approved by the 36 County Biologist and placed under conservation easement. "Development" shall include all activities as U 37 currently defined in the F.S. 380.05. [F.S. § 163.3177(6)d.2.j.,k.] U 38 °0 i 39 Policy 204.2.8: Monroe County shall attempt to ensure that dredge and fill activities that require permits from LO 40 federal, state, regional, and county regulatory authorities are done through a coordinated interagency review 41 process. (HB530) Q 42 N 43 Policy 204.2.9: No "after-the-fact" permits shall be issued that violate Monroe County dredge and fill 44 regulations. All illegal structures and fill shall be removed and damages mitigated. 45 46 Policy 204.2.10: Monroe County shall maintain, and update as necessary, a schedule of monetary penalties 47 that provides for fair and equitable penalties for all dredge and fill violations. Penalty revenues shall be paid 48 to the Monroe County Environmental Land Management and Restoration Fund or set aside and used 49 specifically for water quality enhancement pro]ects or wetland restoration or enhancement proj ects. 50 51 Objective 204.3: Monroe County shall maintain a program for acquiring or restoring high quality wetlands. 52 (See Future Land Use Objective 102.4 and related policies.) BOCC SR 04.19.2023 Page 24 of 31 File 2022-105 Packet Pg. 3361 P.5.b 1 2 Policy 204.3.1: The Monroe County Growth Management Division in coordination with the Monroe County 3 Land Authority and other federal and state agencies will continue with wetlands acquisition through the 4 Florida Forever program, and other funding mechanisms such as the Monroe County Land Acquisition Fund. 5 Priority wetland acquisition sites shall include the following: 6 1. wetlands having the greatest functional value as determined by KEYWEP; 7 2. wetlands which are documented habitat of species of special status; and/or 8 3. undisturbed and disturbed wetlands located within the Improved Subdivision(IS) zoning district. 9 10 Policy 205.2.3: Monroe County shall maintain clustering requirements as follows: 11 1. when a parcel proposed for development contains more than one (1)habitat type, development shall be. 12 a) clustered on the least sensitive portion of the parcel,until the maximum allowable density is reached; 0 13 b) if further development occurs,it shall be clustered on the next least sensitive portion of the parcel,until 14 maximum allowable density is reached, etc.; and 15 2. development permitted on the least sensitive portion(s)of a parcel shall be clustered within that portion(s) Q 16 of the parcel. N 17 For the purpose of this policy, the relative sensitivity of separate habitat types shall be as listed below with 1 Q 18 (freshwater wetlands)being the most sensitive and 16 (disturbed with exotics) the least sensitive. 19 1. Freshwater wetlands; 20 2. Salt marsh and/or buttonwood association wetlands; 21 3. Cactus hammock; 22 4. Palm hammock; 23 5. Beachiberm; 24 6. Pinelands 25 7. High Hammock 26 8. Low hammock 0 27 9. Disturbed beach/berm; U 28 10. Disturbed with freshwater wetlands; 0 CL 29 11. Disturbed with salt marsh and/or buttonwood association wetlands; 30 12. Disturbed with slash pines; 31 13. Disturbed with high hammock; 32 14. Disturbed with low hammock; 33 15. Disturbed; and 34 16. Disturbed with exotics. 35 36 Policy 205.2.9: Development shall be sited so as to avoid or minimize impacts to the following plants: U� 37 1. species listed by the Florida Department of Agriculture and Consumer Services as threatened, 0 38 endangered or commercially exploited(excluding those specifically protected by Policy 205.2.8); Mi LO 39 2. other locally rare native species (See Policy 205.3.1); and 40 3. native trees with diameter at breast height(dbh) of four(4)inches or greater. 41 In those instances where an applicant can demonstrate that avoidance of such species or trees is not possible Q 42 by clustering or by an alternate design approach,then the following options shall be considered by the County `N 43 Biologist: 44 (1) Successful transplantation of affected plants/individuals ("successful transplantation" shall be defined E 45 as one-hundred(100)percent survival after a period of one (1)year); or 46 (2) Where the probability of survivability of transplanted plants is low or when there is no suitable planting 47 area on the subject site(as determined in writing by the County Biologist),then the applicant shall be required 48 to make a payment into the Monroe County Land Management and Restoration Fund (See Goal 209 and 49 related objectives and policies). Payments into this Fund for this purpose shall be calculated as follows: 50 Payments shall be equal to the replacement cost at a rate of 2:1 for all native trees over four inches dbh; all 51 listed species of any size; and all locally rare native species. 52 BOCC SR 04.19.2023 Page 25 of 31 File 2022-105 Packet Pg. 3362 P.5.b I Objective 206.1: Monroe County shall continue to enforce land development regulations which protect 2 wildlife and wildlife habitat from adverse impacts of development. 3 4 Policy 206.1.1: An Existing Conditions Report (ECR) shall be required for land development projects that 5 impact or propose removal of native habitat. 6 As part of the ECR, the applicant shall be required to provide the following information related to wildlife 7 and wildlife habitat: 8 1. a vegetation survey that identifies the distribution and quality of native habitats; 9 2. an assessment of any endangered/threatened or protected species (which is known to occur or for which 10 potential suitable habitat occurs)within the parcel or lot proposed to be developed; and 11 3. identification of measures that will avoid or lessen the identified wildlife impact. 2 12 Monroe County shall, when deemed appropriate, incorporate wildlife impact avoidance measures as 0 13 stipulations for the land development order. < 14 15 Policy 206.1.3: Clustering requirements shall be revised so as to reduce habitat fragmentation (See Policy 16 205.2.3). N 17 Q 18 Policy 206.1.4: Monroe County shall implement a"Permit Referral Process" for review of all development 19 that occurs within areas designated as "Species Focus Areas (SFAs)" or"Species Buffer Areas (SBAs)". The 20 SFAs or SBAs are areas identified by the U.S.Fish and Wildlife Service (USFWS)which contain potentially ,E 21 suitable habitat for nine federally protected species including: Eastern Indigo Snake, Key Deer, Key Largo 22 Cotton Mouse, Key Largo Woodrat, Key Tree-Cactus, Lower Keys Marsh Rabbit, Schaus Swallowtail E 23 Butterfly, Silver Rice Rat, and Stock Island Tree Snail. 9= 24 25 Monroe County shall work cooperatively with USFWS and the Federal Emergency Management Agency C. 26 (FEMA) to review permit applications for compliance with the Federal Endangered Species Act through the E 27 "Permit Referral Process" within the floodplain regulations. The purpose of the "Permit Referral Process" is U 28 to implement regulations that will assure, consistent with the 1 Oth Amendment to the U.S. Constitution, state 0 CL 29 and county regulations, proper record retention, coordination, and notification of FEMA and USFWS 30 regarding permit applications filed with or issued by Monroe County. 31 32 Policy 206.1.5: Monroe County shall work cooperatively with USFWS in requiring any development permit 33 application within Critical Habitat or designated potentially suitable habitat for federally listed threatened and 34 endangered species that are not included in the USFWS April 30, 2010 Biological Opinion, and/or are not 35 included in the species addressed under the "Permit Referral Process" in Policy 206.1.4 above, to consult 36 directly with USFWS and provide authorization from USFWS to Monroe County before commencement of U 37 development. 0 38 °0 i 39 GOAL 501: Monroe County shall provide aviation facilities in a manner that maximizes safety,convenience, LO 40 economic benefit, environmental compatibility and consistency with other elements of the comprehensive 41 plan, including exercising its planning and land use authorities on County-owned airport properties within Q 42 incorporated areas of the County. N 43 44 Objective 501.1: Because of the Florida Key's unique nature as an archipelago,Monroe County shall promote E 45 the preservation of existing airports, airstrips, and related activities. 46 47 Policy 501.1.4: Monroe County shall continue to include existing airports and airstrips in airport land use 48 districts that only permit airport related land uses including those the County owns and operates within 49 incorporated areas of the County. 50 51 Policy 501.1.5: Monroe County shall encourage the development of aviation facilities and activities that 52 relieve the traffic on U.S. 1 or serve as an alternative to U.S. 1 as a means of delivering goods and services to BOCC SR 04.19.2023 Page 26 of 31 File 2022-105 Packet Pg. 3363 P.5.b I the community. 2 3 Policy 501.1.6: Monroe County shall provide space at public airports for a wide variety of aviation activities 4 in order to provide a wide variety of services to the community. 5 6 Objective 501.2: The expansion of existing or new airport and airstrip facilities shall be coordinated with the 7 future land use, coastal management, and conservation elements. 8 9 Policy 501.2.1: The development and expansion of aviation and related facilities shall be consistent with the 10 future land use, coastal management and conservation elements. 11 2 12 Policy 501.2.2: The Marathon and Key West airports shall be expanded to be consistent with the needs 0 13 identified in the updated master plan as approved by the Board of County Commissioners. < 14 15 Policy 501.2.3: Development activities to construct or expand airport or airstrip facilities shall not take place Q 16 in environmentally sensitive areas unless a viable alternative is not available.Mitigation and restoration shall N 17 occur when there is no other alternative than to disturb environmentally sensitive areas. Q 18 19 Objective 501.3: Airports and airstrips shall operate in the manner to maximize safety and least adverse 20 impact on the community. ,E 21 22 Policy 501.3.1: Monroe County shall maintain the existing hammock along Aviation Boulevard as a buffer 23 between the Marathon Airport and the residences to the north. 9= 24 25 Policy 501.3.2: Monroe County shall maintain and update the Key West International and Marathon Noise C. 26 Exposure Maps and implement measures to minimize the adverse impacts of noise on the surrounding E 27 community. U 28 0 CL 29 Policy 501.3.3: Facilities at public airports shall be built to meet or exceed federal, state, and local safety 30 regulations as applicable. 31 C14 32 Objective 501.5:Monroe County shall coordinate all aviation or related facilities with the plans of the Federal 6 33 Aviation Administration, military services, resource planning and management plan prepared pursuant to 34 Chapter 380, Florida Statutes and approved by the Governor and Cabinet, the Florida Department of 35 Transportation (FDOT) District Six Five-Year Transportation Plan , and the Continuing Florida Aviation 36 System Planning Process (CFASPP) as adopted. U 37 0 38 Policy 501.5.1: Monroe County shall continue to participate in the development of the (FDOT) District Six M i LO 39 Five-Year Transportation Plan , and the CFASPP. 40 N 41 Policy 501.5.2: Monroe County shall continue to maintain and update a master plan, and the Airport Layout N 42 Plan for each public airport pursuant to the rules of the Federal Aviation Administration. `N 43 44 Policy 501.5.3: All development on and expansions of existing public airports shall be done in accordance E 45 with the updated Master Plan of the airport and shall be subject to all applicable policies of this Plan and the 46 County Land Development Code. 47 48 Policy 501.5.4: Monroe County shall coordinate expansions and operation of the Key West airport with the 49 U.S.Navy. 50 51 Policy 501.5.5: Monroe County shall seek joint use of the Boca Chica Naval Air Station or its preservation 52 as a public airport if the U.S.Navy ceases to operate the base. BOCC SR 04.19.2023 Page 27 of 31 File 2022-105 Packet Pg. 3364 P.5.b 1 2 Policy 1301.4.5: Monroe County shall coordinate all County-owned aviation or related facilities with the 3 plans of the Federal Aviation Administration, military services, the Florida Department of Transportation 5- 4 Year Plan, and the Continuing Florida Aviation System Planning Process as adopted. 5 6 Policy 1301.4.6: Monroe County shall maintain and update a master plan for each public airport pursuant to 7 the rules of the Federal Aviation Administration. 8 9 Policy 1301.4.7: Monroe County shall work with the FDOT and Federal Aviation Administration to secure 10 airport improvement grants. 11 2 12 Policy 1301.4.8: Monroe County shall coordinate with the cities of Key West and Marathon for the County 0 13 to review land development permit applications related to the Key West International Airport and the Florida < 14 Keys Marathon Airport, as the County's Airport District Future Land Use applies to these airports. 15 ' 16 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys N 17 Area, Section 380.0552(7), Florida Statutes. Q 18 19 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the 20 principles for guiding development and any amendments to the principles, the principles shall be construed 21 as a whole and no specific provision shall be construed or applied in isolation from the other provisions. 22 23 (a) Strengthening local government capabilities for managing land use and development so that local 24 government is able to achieve these objectives without continuing the area of critical state concern 25 designation. C, 26 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds, t0 27 wetlands, fish and wildlife, and their habitat. 1� 28 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical CL 0 29 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and 30 their habitat. 31 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic 32 development. ' 33 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. 34 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and 35 ensuring that development is compatible with the unique historic character of the Florida Keys. 36 (g) Protecting the historical heritage of the Florida Keys. U 37 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major 0 ao 38 public investments,including: L� 39 40 1. The Florida Keys Aqueduct and water supply facilities; CN 41 2. Sewage collection, treatment, and disposal facilities; Q 42 3. Solid waste treatment, collection, and disposal facilities; 43 4. Key West Naval Air Station and other military facilities; 44 5. Transportation facilities; 45 6. Federal parks,wildlife refuges, and marine sanctuaries; 46 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties; < 47 8. City electric service and the Florida Keys Electric Co-op; and 48 9. Other utilities, as appropriate. 49 50 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and 51 replacement of stormwater management facilities; central sewage collection; treatment and disposal BOCC SR 04.19.2023 Page 28 of 31 File 2022-105 Packet Pg. 3365 P.5.b I facilities; and the installation and proper operation and maintenance of onsite sewage treatment and 2 disposal systems. 3 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of 4 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as 5 applicable, and by directing growth to areas served by central wastewater treatment facilities through 6 permit allocation systems. 7 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys. 8 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. 9 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or 10 manmade disaster and for a postdisaster reconstruction plan. 11 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the 2 12 Florida Keys as a unique Florida resource. 0 13 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the 14 Principles for Guiding Development as a whole and is not inconsistent with any Principle. LO 15 16 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.). N 17 Specifically, the amendment furthers: Q 18 19 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve and 20 enhance present advantages; encourage the most appropriate use of land, water, and resources, 21 consistent with the public interest; overcome present handicaps; and deal effectively with future 22 problems that may result from the use and development of land within their jurisdictions. Through 23 the process of comprehensive planning, it is intended that units of local government can preserve, 24 promote, protect, and improve the public health, safety, comfort, good order, appearance, 25 convenience, law enforcement and fire prevention, and general welfare; facilitate the adequate and C' 26 efficient provision of transportation,water, sewerage, schools,parks,recreational facilities,housing, t0 27 and other requirements and services; and conserve, develop, utilize, and protect natural resources 1� 28 within their jurisdictions. CL 0 29 30 163.3161(6),F.S.—It is the intent of this act that adopted comprehensive plans shall have the legal status 31 set out in this act and that no public or private development shall be permitted except in conformity 32 with comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with 33 this act. 34 35 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and i 36 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal U 37 development of the area that reflects community commitments to implement the plan and its elements. 0 ao 38 These principles and strategies shall guide future decisions in a consistent manner and shall contain Li 39 programs and activities to ensure comprehensive plans are implemented. The sections of the 40 comprehensive plan containing the principles and strategies, generally provided as goals, objectives, N 41 and policies, shall describe how the local government's programs, activities, and land development Q 42 regulations will be initiated, modified, or continued to implement the comprehensive plan in a 43 consistent manner.It is not the intent of this part to require the inclusion of implementing regulations 44 in the comprehensive plan but rather to require identification of those programs, activities, and land a 45 development regulations that will be part of the strategy for implementing the comprehensive plan 46 and the principles that describe how the programs, activities, and land development regulations will < 47 be carried out. The plan shall establish meaningful and predictable standards for the use and 48 development of land and provide meaningful guidelines for the content of more detailed land 49 development and use regulations. 50 51 163.3177(6)(b)4., F.S.—At the option of a local government, an airport master plan, and any subsequent 52 amendments to the airport master plan,prepared by a licensed publicly owned and operated airport BOCC SR 04.19.2023 Page 29 of 31 File 2022-105 Packet Pg. 3366 P.5.b I under s. 333.06 may be incorporated into the local government comprehensive plan by the local 2 government having jurisdiction under this act for the area in which the airport or projected airport 3 development is located by the adoption of a comprehensive plan amendment. In the amendment to 4 the local comprehensive plan that integrates the airport master plan, the comprehensive plan 5 amendment shall address land use compatibility consistent with chapter 333 regarding airport 6 zoning; the provision of regional transportation facilities for the efficient use and operation of the 7 transportation system and airport; consistency with the local government transportation circulation 8 element and applicable M.P.O. long-range transportation plans; the execution of any necessary 9 interlocal agreements for the purposes of the provision of public facilities and services to maintain 10 the adopted level-of-service standards for facilities subject to concurrency; and may address airport- II related or aviation-related development. Development or expansion of an airport consistent with the 2 12 adopted airport master plan that has been incorporated into the local comprehensive plan in 0 13 compliance with this part, and airport-related or aviation-related development that has been 14 addressed in the comprehensive plan amendment that incorporates the airport master plan, do not 15 constitute a development of regional impact.Notwithstanding any other general law, an airport that Q 16 has received a development-of-regional-impact development order pursuant to s. 380.06,but which CN 17 is no longer required to undergo development-of-regional-impact review pursuant to this subsection, Q 18 may rescind its development-of-regional-impact order upon written notification to the applicable 19 local government. Upon receipt by the local government, the development-of-regional-impact 20 development order shall be deemed rescinded. ,E 21 22 163.3194, F.S. — (1)(a) After a comprehensive plan, or element or portion thereof, has been adopted in 23 conformity with this act, all development undertaken by, and all actions taken in regard to 24 development orders by, governmental agencies in regard to land covered by such plan or element 25 shall be consistent with such plan or element as adopted. C. 26 (b) All land development regulations enacted or amended shall be consistent with the adopted E 27 comprehensive plan, or element or portion thereof, and any land development regulations existing U 28 at the time of adoption which are not consistent with the adopted comprehensive plan,or element or 0 CL 29 portion thereof, shall be amended so as to be consistent. If a local government allows an existing 30 land development regulation which is inconsistent with the most recently adopted comprehensive 31 plan, or element or portion thereof, to remain in effect, the local government shall adopt a schedule M 32 for bringing the land development regulation into conformity with the provisions of the most recently 6 33 adopted comprehensive plan, or element or portion thereof. During the interim period when the 34 provisions of the most recently adopted comprehensive plan, or element or portion thereof, and the 35 land development regulations are inconsistent, the provisions of the most recently adopted 36 comprehensive plan, or element or portion thereof, shall govern any action taken in regard to an U 37 application for a development order. 0 38 °0 i 39 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory LO 40 authority.—It is the intent of this act that adopted comprehensive plans or elements thereof shall be CN 41 implemented, in part, by the adoption and enforcement of appropriate local regulations on the Q 42 development of lands and waters within an area. It is the intent of this act that the adoption and N 43 enforcement by a governing body of regulations for the development of land or the adoption and 44 enforcement by a governing body of a land development code for an area shall be based on,be related E 45 to, and be a means of implementation for an adopted comprehensive plan as required by this act. 46 47 48 VI. PROCESS 49 50 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the 51 Planning Commission, the Director of Planning, or the owner or other person having a contractual BOCC SR 04.19.2023 Page 30 of 31 File 2022-105 Packet Pg. 3367 P.5.b I interest in property to be affected by a proposed amendment. The Director of Planning shall review and 2 process applications as they are received and pass them onto the Development Review Committee and 3 the Planning Commission. 4 5 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review 6 the application, the reports and recommendations of the Department of Planning & Environmental 7 Resources and the Development Review Committee and the testimony given at the public hearing. The 8 Planning Commission shall submit its recommendations and findings to the Board of County 9 Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed 10 comprehensive plan amendment,and considers the staff report, staff recommendation, and the testimony 2 11 given at the public hearing. The BOCC may or may not recommend transmittal to the State Land 0 12 Planning Agency. The amendment is transmitted to State Land Planning Agency, which then reviews < 13 the proposal and issues an Objections, Recommendations and Comments (ORC) Report. Upon receipt 14 of the ORC report, the County has 180 days to adopt the amendments, adopt the amendments with V- 15 changes or not adopt the amendment. CN 16 17 VII. STAFF RECOMMENDATION 18 19 Staff recommends approval of the proposed amendment, with staff recommended edits. 20 21 22 VIII. EXHIBITS 23 CL 24 A. Executive Summary of the Florida Keys Marathon International Airport, 2020 Master Plan 0 25 Update. 1� 0 26 B. Excerpt from the Florida Keys Marathon International Airport, Airport Master Plan Update CL 27 outlining proposed airfield improvements. 28 C. U.S. Department of Transportation, Federal Aviation Administration, Finding Of No Significant 29 Impact And Record Of Decision on the Environmental Assessment for Runway and Parallel ' 30 Taxiway Separation Improvements at the Marathon International Airport. i U i U 00 LO i V- N c� c� E c� BOCC SR 04.19.2023 Page 31 of 31 File 2022-105 Packet Pg. 3368 Exhibit B Excerpt from the Florida Keys Marathon International Airport, Airport Master Plan Update CN outlining proposed airfield improvements: CN CD .............................................................................................................................................................................. To meet FAA design,standards„the Master Pllan Update 253,X@ C 200,kg E recommends the following key airfielid imilpiroveiments:: M 309 00.300 E -25 to the northwest 40 feet to provide a Shift Runway 7 CL 5)i)CO runway-to-taxilway centeirilline separation distance of 240 2.0 1 16� ",,021 2026 20'..I6 feet.Runway 7-25 has will of 100 feet,,but it iis pliainined to CL 111111111N I'll n J,J 212,GGG 212,3001 2.04,YX'l be reduced to 75 feet upoin completion of the runway shift CL Or,7erwari�� 77"CICK) 815,130 11)81,11 E 1piroj ec t 11 n c o im p I i a nc le wil t In FAA st anda inds. 0 U Calelnidar)teair I- Reco n stir u c t Tax i way C west of its ex is,ti Ing Ilocatiain to 0 ft: CL mitigate direct access from the cargo aloron to Runway 7-25., 111111111 Arli'llial Sqru�'p Voli'ling Annual AIvcva Operators(1i ReconstructTaxilway IB to ellirninate,wide expainise of F;i wflb[t 1- Airliiir ua�l sii.,Iil%,!Cv�VOW11 (C,1�1),1n:lty] vail�,,�',Us pavement A iii"w ii,iji izfl CL el""r',lfi I ,dill", All; Replace the existing runway and taximay lighting system. I cf Cal:a 1 5" J E,,e a,,,, 1 9 , F -d,- sr,d C During Hurnai cne Irma,the aiirrielid lighting system,including CL LM the rneil iinteinsity lunwayand taxilway lights,was takeoff Ileingt�h required to operate most types of business, 2 sullorneirged by a storiii suirge.Though the airfield Ilightling jet all rcraft without imposing significaintweight peinaltlies U) M system rennains,functional,it shoulld be replaced when the or Irequiiriin,g inteirrneil fuel stop whein flying nonstolp to runway!is,rellocated., medium or loing-haul destinations.Whille the proposed 392- 0 foot Irunway extensioni is not warranted in the slhoirtAer m. it CL Realligin/ireconistruct Taximay D firorn aniacute-angled riunway should be incorporated into the Airport layout Plian(ALP)in exit.to a per p einid i cu I air(runway e x iiit. order to 1plrotect the safety and airs1pace surfaces associated 0 with the piloposed runway extension from incompatible land Rernove existing tax�iiway and alproin paveiment on the noirth uses., side of the approach to Runway 25. The Master 11311ainalso recoirnimends the identification of Impleiment new taxiway nomenclature:To meet FAA AC dpvellopment areas for futuregenpirallaviation facillities, E 150f5340-18 requireiii it is recommended that the includiiiing aircraft apron,automobile parking spaces,and 0 4- parallilel taxiway south of Runway 7-25 coiil to lble airciraft haingars.The fuel fairIrru curreinfly located in the CL LM designated)as Taxiway A,however;all stub taxiways are middle of the west Eenerall aviation apiron should also be piroposed to be designated as,Al through A6. Similarly,the relocated to free up space for aircraft opeirations. X W connector taxi Ilalnes from para Illel Taxiway A to the va riious ailpron areas,are proposed to be renamed as BI through IR2o. The Airport does not currently have a dedicated 0 maintenance storage facility.The,equipment is stored Ina CL 0 Relocate,the existing Automated Surface Observing Systems shed,a storage container,and in the girass area all (ASOS)to allow flov the expanslion of existing geneiral aviation to the ASOS.To provide indoor storage, iin a consolidated ai 1p ro n., fall as welli as to create office space fov Imailnternance personnel,the construction of @1 2,000 square feet 0 The,Mastev (Plan proposes the extension of Runway 7-25 maintenance f,acilllity adjacent to and west of the existing fraim 5,008 feet to,5,400 feet to provide the necessary passenger terminal facility us recommended. W .............................................................................................................................................................................. E Packet Pg. 3369 CN CN Q ................................................................................................................................................................................ Based oin kinowin environirnentall CMIC'fifiDins at the Airport presented iin Sectioin 2.9, Eiv*roinnient,M Settiings', and E the proposed Capit4l Iniprovenient Plhain proects, the f6illowinc NERA einM iroinrneintall r cn im esource categ �es ay J �be affected airmct OUICI likelly irequire assessiment dUlriiinq enviironinient4l rewew of proposed projects pUirsuaint to E N E Rk b ological iiesouirces CL CL water resources—wetlaindsaind flooldplains E 0 U The Cap tal lirnpirovement Plain Ipirojects aii,e depucled cmi Exhibit 6-1 along Mth inatLn4l habitats Ilcwcated oin 0 Airport l.)iioperty. A discussioin of each of the bi6logical and wefl:aind resource categoines and the proposed CL Capital Irnpiroverneint Man Ip irojects that imay affect these ireysources are provided iin this sectbin. The eivWronmenta�l resource effects uclemutiffed hereun are Iprehirw nairy and ntendeci to orovicleain eairly inradicatiion of the iiSSUes that OLOCI hkely require detaifled analyses duirung a future NEPA envuroinimeintal review,, All Capiita�l CL limprovenient Rlan proJects woUld Ibe sUbject to a level of revuiew unceir NEPA, prior to uimp]eimeintatioin., CL ................................................................................................................................................................................. A tidally coininected wetlaind aind two iis6lated wetlainds acre located MtNin the undevelqlaed area Moing the noil-th side of the Aurpmt lairc)perty, as shiowin on Exhibft 6-1 A, poteinfial wetlainds effect would occur ofa lDlmject would d e c ira c e, d i st u ir b, car re im ove, any po rb on o�f t h e wet I a ind s, 0 CL As noted ura Secfion 62,1a the Runway and PairalHlell TaxJway Separator limpirovenients pro eat �includes dlear�ing C: J 0 a strip Of dindevelbped :,and north of Runway 7-25,Which ipratersects withi eadh of the three weflands.,These direct wetland effects are Ib6ng evMuated iira an EA No their CapDftal limpirovenient Protects cErectly affect wetland reSOLIrces., For Ipirojects that uracrrease iiirnpeirvious surface attheAkipor-tor othei,Wiise resdltJin a dhange,iin acfiOtes that coUld affect storimwater runoff, strategies to niiiivimiize polklutants entering the stoiniwater ruinoff should l.)e evaIlLiated E ................................................................................................................................................................................. 2 CL x W 0 CL 0 W E Packet Pg. 3370 P.5.d CN cN c� EL CL ....` I wur�rc�rrg�tlWJpmrBYAWnlkXtds4riU�5� � � ��u�hfr i db m r r � � r 0 E rOrr�rr��rr/1,��✓1�f�/�a✓!!lr/-,rrrriii� � r '�., rr�a ,,,di 9' � .fi w%�OrO��Orr 6 �n„� ,g �.�. .,,., X:�/:�`!•, gr f),l ME MIN �, ay.,r-.,,�,f��.s.,,+..c- ' '✓—n✓ 'F,a .+,w -r.�. . ;t ;5« '-Mw,-acenE,�"�-`4,e �"'"' �,"^`H C' °r -Ol RM �r ;gyp A '�I'M76ryp��rd+ II r f x�„ CL f n ' CL IMP 2 oN. .....,.. PREPARED EMI ---------------- SHEET 3 OF 14 s� CL CL GFAalAMIRSRISEIfiA�Ffi ��,. ..•� w.„�".,� i Y I I .r i s r b Y � ❑ l 4E S7 1 n �A s!"✓ s e rr III �ll% V4�JIp � a 'd Iw ��u 7 I � y r Tom^ r .., ,,, 1 ' a. a mr :� `.eu, G� MIN NARM �. pcL a, I` Packet Pg. 3371 '........ PRE54RE9 fiY, P.5.e Exhibit C U.S. Department of Transportation, Federal Aviation Administration, Finding Of No Significant Impact And Record Of Decision on the Environmental Assessment for Runway and Parallel g Taxiway Separation Improvements at the Marathon International Airport. 0 V- N cN c� E CL CL E 0 U 0 CL i i U) a 0 0 CL 0 U 4i E c� Packet Pg. 3372 P.5.e Orlando Airports District Office 8427 South Park Circle,Suite 524 U.S. Department Orlando, FL 32819 of Transportation Phone: (407)487-7720 Fax:(407)487-7135 Federal Aviation Administration 0 March 30, 2020 0 [Sent via email to strickland-richard@monroecounty-fl.gov] Mr. Richard Strickland Director of Airports CN Key West International Airport C 3491 S. Roosevelt Blvd Key West,Florida 33040 Re: Finding of No Significant Impact/Record of Decision E Environmental Assessment for Runway and Parallel Taxiway Separation Improvements Florida Keys Marathon International Airport a, E Dear Mr. Strickland, ti Monroe County requested the Federal Aviation Administration's (FAA) environmental CL approval to shift the Runway 7-25 centerline 40 feet to the northwest to meet applicable runway-to-taxiway separation standards at the Florida Keys Marathon International Airport. < The FAA independently reviewed the Environmental Assessment(EA)prepared for the project WI and determined the EA is consistent with the Council on Environmental Quality's regulations that implement the National Environmental Policy Act(40 CFR §1500) and it was prepared in accordance with FAA Order 1050.1F and Order 5050.413. Consistent with 40 CFR §1501.4(e), the FAA has prepared a Finding of No Significant Impact(FONSI) and Record of Decision (ROD). Enclosed is a signed copy of the FONSI/ROD. The FONSI/ROD is issued pursuant to �I any conditions and permits that are discussed and indicated in the EA, and which are 0 considered to be conditions of approval. It is important to note that the environmental approval provided in the FONVIROD is 0 contingent upon completion of the following: 0 1. Conclusion of FAA's consultation with the U.S. Fish and Wildlife Service and the County's implementation of any mitigation or conservation measures deemed ; necessary during the consultation process. Until such time that consultation is concluded and conservation measures are implemented, Monroe County shall not 0 alter or affect any vegetation and habitat associated with the Stock Island tree snail q and the Simpson's tree cactus. �i 2. The County demonstrating the project's consistency with local comprehensive plans, E zoning ordinances, and/or land use plans and obtaining all necessary local approvals. Until such time that consistency is demonstrated and approvals are obtained, Monroe County shall not alter or affect the existing tropical hardwood hammock along Aviation Boulevard that serves as a buffer between the airport and the residences to the north. Likewise, construction on the runway cannot be initiated until consistency is demonstrated. Packet Pg. 3373 P.5.e 2 3. Completion of the FAA's risk determination on the Runway Protection Zone (RPZ) and the County implementing appropriate measures, as needed, to satisfy RPZ land use guidelines. A Notice of Availability of the FONSI/ROD must be published in a local newspaper of general g circulation. Please complete the enclosed draft notice and publish it for a minimum of three 0 days. Please provide a copy of the newspaper's Affidavit of Publication of the notice to me. If there are any questions,please feel free to contact me by telephone at(407)487-7296 or email T- at peter.m.green@faa.gov. N N Sincerely, Digital) v signed b Peter Peter Matthias Matthias Green Green Date:2020.03.30 15:04:06 04'00' Peter M. Green, AICP Environmental Protection Specialist Enclosures C. E 0 U 0 i I I U) 0 LL i 0 U E c� Packet Pg. 3374 P.5.e 01W U.S. Department of Transportation Federal Aviation Administration 0 0. 0 Department of Transportation V- Federal Aviation Administration Orlando Airports District Office Orlando, Florida E E 0 U FINDING OF NO SIGNIFICANT IMPACT CL 0 AND RECORD OF DECISION Environmental Assessment for Runway and Parallel Taxiway Separation Improvements at the Florida Keys Marathon International Airport 0 0 CL Marathon, Florida 0 U March 30, 2020 E Packet Pg. 3375 P.5.e Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 30,2020 BACKGROUND: The Florida Keys Marathon International Airport (MTH) is owned and operated by Monroe County (also referred to in this document as the "County" or "Airport Sponsor"). The airport is a public-use general aviation airport that supports air charter, air taxi, air cargo, and general aviation activity. The airport's role is classified as a Regional Airport in the Federal Aviation Administration's National Plan of Integrated Airport Systems (NPIAS). The City of Marathon and the airport are located on Vaca Key in the middle portion of the Florida Keys. ` The distance between the centerlines of Runway 7-25 and parallel Taxiway A is 200 feet. Applicable FAA airport design standards require a runway-to-taxiway separation distance of 240 feet. Monroe County requested approval to shift the Runway 7-25 centerline 40 feet to the northwest to provide the required separation distance. Because the proposed improvements require federal action, an Environmental Assessment (EA) was prepared by the County for the FAA's use in complying with the requirements of the National Environmental Policy Act of 1969 (NEPA). The EA was prepared in accordance with Council on Environmental Quality (CEQ) regulations implementing NEPA; FAA Order 5050.4B, NEPA cE Implementing Instructions for Airport Actions; and FAA Order 1050.1 F, Environmental Impacts: Policies and Procedures. This Finding of No Significant Impact (FONSI) and Record of Decision (ROD) provides the FAA's environmental determination, approval, and conditions for agency actions necessary to implement the Proposed Action. This FONSI/ROD is based on information and analyses contained in the attached Environmental Assessment for Runway and Taxiway Separation Improvements, which is incorporated by reference, and other related documents available to the agency. The ROD is issued in accordance with CEQ regulations at 40 CFR §1505.2. PROPOSED ACTION: The Proposed Action includes the following components: U) • Shift Runway 7-25 to the northwest 40 feet to provide a runway-to- 0 taxiway centerline separation distance of 240 feet. This involves It I constructing 40 feet by 5,008 feet of new runway pavement on the north side of the runway; reconstructing 35 feet by 5,008 feet of existing runway pavement; and removing 65 feet of excess runway and shoulder pavement on the south side of the runway. The runway is presently 100 0 feet wide. The proposed runway width will be 75 feet. • Construct new blast pads at relocated runway ends. • Demolish existing excess pavement on Taxiway B and Taxiway E. Demolish existing Taxiway C and Taxiway D. Reconstruct Taxiway C west of its existing location. Reconstruct Taxiway D perpendicular to relocated runway. Construct new Taxiway F. Florida Keys Marathon International Airport 1 Environmental Assessment for Runway and Taxiway Separation Improvements Packet Pg. 3376 P.5.e Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 30,2020 • Relocate and/or install new runway edge lights and threshold lights. Relocate and/or install new Runway End Identifier Lights (REIL) on Runway 7 end. Relocate the Precision Approach Path Indicators (PAPI) for both runway ends. • Modify markings, lighting, and signage on connecting Taxiways B, C, D, and E. • Grade the Runway Safety Area (RSA). N • Clear a 40-foot wide by 5,608-foot long strip of vegetation on the north side of the shifted runway within the Runway Object Free Area (ROFA). No fill or excavation would occur in the area to be cleared. • Trim or remove select trees to clear the relocated runway Threshold Siting Surface. • Remove existing taxiway and apron pavement on the north side of the approach to Runway 25. 0 • Add drainage and utilities necessary to implement the Proposed Action. U • Update existing area navigation (RNAV) Global Positional System (GPS) instrument approach procedures to reflect the 40-foot lateral shift < of Runway 7-25. I PURPOSE AND NEED: In 2015, the County initiated discussions with the FAA for project funding to rehabilitate the runway's pavement. At that time, the Florida Department of Transportation's pavement analysis report recommended the runway pavement undergo rehabilitation. The FAA advised the Airport Sponsor that it could not participate financially in the project until the runway-to-taxiway centerline separation standards are meta Therefore, there is a need for the Airport Sponsor to meet applicable airport design standards at MTH. 0 The purpose of the Proposed Action is to: 1) bring the Airport into compliance with FAA runway-to-taxiway separation standards applicable to MTH, 2) eliminate existing operational restrictions for Group II aircraft, 3) improve the pavement condition of the runway, and 4) enhance safety. FEDERAL ACTIONS: The requested federal actions include: 0 q 1. Unconditional approval of portions of the MTH Airport Layout Plan that depicts the components of the Proposed Action pursuant to 49 U.S.C. Sections 40103(b), 44718, and 47107(a)(16), and Title 14 CFR Parts 77, 157, and 139. MTH presently operates under a conditional Modification to Standards.The Airport Sponsor also implements a safety-based Large Aircraft Operational Plan that restricts the use of the runway and taxiway system when large aircraft depart and land at the airport. Florida Keys Marathon International Airport 2 Environmental Assessment for Runway and Taxiway Separation Improvements Packet Pg. 3377 P.5.e Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 30,2020 2. The approval necessary to process applications for federal funding for those eligible development items qualifying under the Airport and Airway Improvement Act of 1982, as amended, and recodified at 49 U.S. Code (U.S.C.) 47101, et seq. 0 3. Revision of air traffic control approach and departure procedures. ESTIMATED TIMEFRAME: Implementation of the Proposed Action would likely be phased over several federal fiscal years. It is anticipated the Proposed Action N would be complete by 2023. ALTERNATIVES: In addition to the Proposed Action, alternatives were examined in Section 2 of the EA. These alternatives are described below. Relocate Taxiway A — This alternative would shift Taxiway A 40 feet to the southeast, towards aircraft parking aprons, hangars, and other airport facilities, to meet the runway-to-parallel taxiway separation standards. Although this alternative would satisfy the purpose of and need for the project, it would E adversely affect many of the airport's tenants and their operations. In addition, U there would be a substantial reduction in usable aircraft parking apron, aircraft 0 tie-down positions, and T-hangar units. Given the airport's constrained location and lack of developable land, this alternative was eliminated from further consideration in the EA. Relocate Runway 7-25 and Taxiway A — This alternative would relocate the Runway 7-25 centerline 12.5 feet to the northwest and the Taxiway A centerline 27.5 feet to the southeast. Although this alternative would satisfy the purpose of and need for the project, it is a more complex and costly alternative because both the runway and taxiway would be relocated. Given the construction phase complexities and cost involved, this alternative was eliminated from further consideration in the EA. 0 No-Action Alternative— Under this alternative, the County would not implement the Proposed Action and FAA airport design standards will continue to not be 0 met at MTH. However, the No-Action Alternative was retained in the EA in accordance with NEPA and CEQ regulations ENVIRONMENTAL IMPACTS: As documented in the attached EA, the Proposed 0 Action and the No-Action Alternative were evaluated for potential impacts on the q environmental resource categories identified in FAA Order 1050.1 F. The Affected zi Environment and Environmental Consequences sections of the EA (Sections 3 and 4, respectively) provide a description of existing conditions and an analysis of direct, indirect, and cumulative impacts. Under the No-Action Alternative, the proposed runway shift would not be implemented and there would be no environmental impacts. Airport design Florida Keys Marathon International Airport 3 Environmental Assessment for Runway and Taxiway Separation Improvements Packet Pg. 3378 P.5.e Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 30,2020 standards related to runway and taxiway separation distance would continue to not be met. The Proposed Action would not alter the type or number of aircraft that use MTH. The Proposed Action would shift the approach and departure paths to the runway 40 feet to the northwest and slightly increase taxi distances between the runway and aircraft hangars and parking aprons. Impacts associated with the Proposed Action are discussed below. N Air Quality — Monroe County is located in an attainment area for all National Ambient Air Quality Standards criteria air pollutants and is not subject to the requirements of a State Implementation Plan. Construction activities would generate minor and temporary emissions. A very slight increase in operational emissions would occur because of a small increase in taxi distances and the impact would be negligible. The Proposed Action would not cause significant air quality impacts. Biological Resources — The Proposed Action would clear 40 feet of trees and c0 shrubs along the edge of a 220-foot wide strip of vegetation that runs along the It north side of the airfield. No fill or excavation would take place in the cleared area. Mitigation for loss of habitat values associated with tropical hardwood hammock < and mangrove wetlands would be provided off-site. The Proposed Action would also affect approximately 0.22 acre of mangrove wetlands, which are designated as Essential Fish Habitat (EFH). Due to limited tidal influence and access to the mangrove wetlands, the Proposed Action would have no adverse effect on EFH. Federally-Listed Species — No Critical Habitat is present on or adjacent to the project site. Through consultation with the U.S. Fish and Wildlife Service (USFWS), ' it was determined the Proposed Action may affect, not likely to adversely affect Blodgett's wild mercury, Garber's spurge, sand flax, Semaphore cactus, and Simpson's tree cactus. These plant species are also state-listed. The project site 0 would be surveyed for these species prior to construction. Any individual plants of It I these species found within the project site would be relocated to an area that would not be disturbed. Based on the ongoing consultation with the USFWS, the FAA determined the Proposed Action may affect, not likely to adversely affect the federally-listed 0 American crocodile, Eastern indigo snake, Key silverside, mangrove rivulus, and q X Stock Island tree snail. In addition, consultation with the National Marine Fisheries Service determined the Proposed Action would have no effect on the smalltooth sawfish. c� State-Listed Species — Other than the species listed discussed above, no effects on state-listed plant and animal species are anticipated. Florida Keys Marathon International Airport 4 Environmental Assessment for Runway and Taxiway Separation Improvements Packet Pg. 3379 P.5.e Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 30,2020 Section 7 Consultation — FAA initiated consultation with the USFWS and the consultation is on-going. During the consultation process, the FAA and USFWS agreed to the following: 2 1. The FAA and Monroe County agree to have their agents conduct a survey for the Stock Island tree snail at the Marathon Airport runway relocation project site, and provide a report detailing the results of the survey to the USFWS, prior to completion of the USFWS's consultation on the project. The survey will be conducted in accordance with the a Service's "Stock Island Tree Snail Survey Protocol." 2. For the purposes of completing the Environmental Assessment, the Environmental Assessment will reflect FAA's determination of May Affect, Not Likely to Adversely Affect the Stock Island tree snail. The EA will include Monroe County's commitment to have their agent survey for the Stock Island tree snail during the permitting process. Upon completion of the survey, should the Stock Island tree snail be identified on the project site, Monroe County would, in coordination with the U USFWS, agree to relocate the snails to appropriate habitat. Relocation t would not occur until the FAA receives the USFWS's signed Biological Opinion for the project. 3. With USFWS concurrence with this approach, the FAA can issue a FONSI/ROD for the project, committing to the survey and mitigation strategy, yet allowing the project to move forward into design and permitting. 4. Upon completion of the Stock Island tree snail survey during permitting, the Draft Biological Assessment will be finalized to reflect the FAA's determination for the project's effects to the Stock Island tree snail. The determination will be listed as either "may affect, not likely to adversely affect", if no Stock Island tree snails are observed during the survey, ,_ or "may affect, likely to adversely affect", if Stock Island tree snails are t observed during the survey. 5. The Environmental Assessment and Biological Assessment will reflect the cactus species found on site as the Harrisia fragrans. ° 0 6. In the revised Draft Biological Assessment, after completion of the Environmental Assessment, but prior to the conclusion of formal consultation, Monroe County will provide a detailed relocation plan for the Simpson's apple cactus for review and approval by USFWS. c� The environmental approval provided in this Finding of No Significant Impact and Record of Decision is contingent on the conclusion of FAA's consultation with the USFWS and the County's implementation of any Florida Keys Marathon International Airport 5 Environmental Assessment for Runway and Taxiway Separation Improvements Packet Pg. 3380 P.5.e Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 30,2020 mitigation or conservation measures deemed necessary during the consultation process. Until such time that consultation is concluded and conservation measures are implemented, Monroe County shall not alter or 2 affect any vegetation and habitat associated with the Stock Island tree snail and the Simpson's tree cactus. Climate — Greenhouse gas (GHG) emissions associated with the construction of the proposed runway extension are expected to be minor and temporary. The Proposed Action would not increase aircraft activity at MTH. The very small Q increase in aircraft taxi distance would have a negligible effect on GHG emissions. The Proposed Action would not result in significant climate or climate change impacts. Coastal Resources — The Proposed Action would clear vegetation within 0.22 acre of mangrove wetlands designated as Essential Fish Habitat (EFH). Of the affected wetlands, only 0.18 acre is tidally influenced and the connection to tidal waters is through a pipe under an adjacent roadway. Although no adverse effects E on EFH are anticipated, mitigation for the loss of wetland habitat will be provided U during the project's permitting phase. This mitigation would also compensate the minor impacts to EFH. During construction, measures would be implemented to control erosion and sedimentation. Although there would be a net decrease in the amount of impervious surface at MTH, the airport's stormwater management system would be modified to attenuate and treat stormwater runoff from the shifted runway. These measures would minimize the potential for indirect impacts to the remaining wetlands, mangroves, and EFH. The Draft EA was submitted to the Florida State Clearinghouse for review. In its response, the Clearinghouse stated the State "has no objections to allocation of federal funds for the subject project and, therefore, the funding award is consistent with the Florida Coastal Management Program". The State's final concurrence of the project's consistency with the FCMP will be determined during the environmental permitting process. t Based on the analysis contained in the EA and the State of Florida's review, the Proposed Action would not cause significant coastal resource impacts. DOT Act, Section 4(f) Resources — The Proposed Action will not directly affect 0 any publicly-owned parks; recreation areas; or wildlife and waterfowl refuge of national, state, or local significance; and publicly or privately owned land from an historic site of national, state, or local significance. The analysis in the EA did not identify any meaningful indirect effects on Section 4(f) resources. Therefore, the Proposed Action would have no significant impact on Section 4(f) resources. Farmlands—The Proposed Action would not affect any farm land or prime, unique, or statewide and locally important farmland soils. Florida Keys Marathon International Airport 6 Environmental Assessment for Runway and Taxiway Separation Improvements Packet Pg. 3381 P.5.e Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 30,2020 Hazardous Materials, Solid Waste, and Pollution Prevention — An environmental database search and site reconnaissance revealed no known sites or areas with environmental concerns within or adjacent to the project site. The Proposed Action would not alter existing hazardous materials/waste generation, storage, or transport practices at the airport. The Proposed Action will not affect any existing or former landfills. No significant impacts related to hazardous materials, solid wastes, and pollution are anticipated. ` N Historical, Architectural, Archeological and Cultural Resources —A review of Q the Florida Master Site File and field surveys showed no previously recorded historic, archaeological, or cultural resources within the Area of Potential Effect (APE) established for the proposed undertaking. A Historic Resources Survey and Cultural Resource Assessment Survey were conducted for the Proposed Action. The surveys did not identify any resources within the APE. Consultation was initiated with the Florida State Historic Preservation Officer (SHPO) and the Seminole Tribe of Florida. Both parties concurred with the FAA's E determination that the Proposed Action would have no effect on historic properties. U It Based on the research and consultation conducted, the Proposed Action would not affect historic architectural, archaeological, and cultural resources. Land Use — The Proposed Action would allow the airport to meet FAA airport design standards. This is consistent with Monroe County's Comprehensive Plan, which states that "airport facilities shall be built to meet or exceed federal, state, and local safety regulations." Monroe County, as the Airport Sponsor, maintains land use and environmental permitting control over the Airport. Applicable land use controls in the City of Marathon's Comprehensive Plan were considered. Similar to the County's plan, the City's requires that airport development activities shall not take place in environmentally sensitive areas, unless a viable alternative is not available. 0 Use of the shifted runway would not affect existing or planned off-airport land uses. It I The Proposed Action would not cause significant off-airport impacts, divide or disrupt the community, or otherwise influence land use patterns or development near the Airport. The shifted Runway Protection Zones (RPZ) would remain entirely on airport property; however, portions of two hangars and the Monroe County Public Works maintenance facility would encroach into the RPZ. Monroe U County will conduct an analysis for these facilities to determine what risk may be posed to people and property. If the FAA determines the level of risk is acceptable, the structures could remain within the RPZ. If the FAA determines the level of risk as unacceptable, these facilities would be relocated outside the Runway 25 RPZ. Florida Keys Marathon International Airport 7 Environmental Assessment for Runway and Taxiway Separation Improvements Packet Pg. 3382 P.5.e Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 30,2020 Construction of the Proposed Action would remove a 40-foot strip of vegetation on the edge of the tropical hardwood hammock"buffer" on the north side of the airfield. The width of the hardwood hammock would be reduce from 220 feet to 180 feet. 2 The County's Comprehensive Plan offers specific protections for this hardwood hammock. The plan states that Monroe County "shall maintain the existing hammock along Aviation Boulevard as a buffer between the Marathon Airport and the residences to the north." Additionally, although not specific to the hardwood ` hammock, the Plan states "development activities to construct or expand airport or N airstrip facilities shall not take place in environmentally sensitive areas unless a Q viable alternative is not available. Mitigation and restoration shall occur when there is no other alternative than to disturb environmentally sensitive areas." Appendix C of the EA contains a letter from Monroe County stating that the County Planning and Environmental Resources Department, in cooperation with the Airport Department, have initiated the process to amend the Comprehensive Plan to allow the airport to modify the buffer area to allow the airport meet FAA design standards. The Monroe County Comprehensive Plan and related Land Development Code 0 amendments necessary to implement the Proposed Action require local approval. U It Therefore, it is not possible at this time to know if the needed amendments would be approved or upheld. The need to amend the County's Comprehensive Plan and Land Development Code could be substantial issues locally, but would not necessarily result in a significant impact under NEPA. Based on the information considered, the Proposed Action would not have a significant impact on land use or land use controls if the Proposed Action is approved locally and any required mitigation is provided. I The environmental approval provided in this Finding of No Significant Impact and Record of Decision is contingent on the County demonstrating the Proposed Action's consistency with local comprehensive plans, zoning ordinances, and/or land use plans and obtaining all necessary local _ approvals. Until such time that consistency is demonstrated and approvals are obtained, Monroe County shall not alter or affect the existing tropical hardwood hammock along Aviation Boulevard that serves as a buffer between the airport and the residences to the north. Likewise, construction on the runway cannot be initiated until consistency is demonstrated. The environmental approval provided in this Finding of No Significant Impact and q Record of Decision is also contingent on the FAA's risk determination on the RPZ and the County implementing appropriate measures, as needed, to satisfy RPZ land use guidelines. Natural Resources — Construction of the Proposed Action would use common pavement-related construction materials. These materials are not scarce or unusual in nature in Florida. Given the location of the airport, these materials would be likely be hauled from mainland south Florida locations. The Proposed Action Florida Keys Marathon International Airport 8 Environmental Assessment for Runway and Taxiway Separation Improvements Packet Pg. 3383 P.5.e Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 30,2020 would have a negligible effect on energy and fuel consumption at MTH. No significant natural resource or energy supply impacts would occur. Noise and Compatible Land Use — Construction-related noise would be 0. temporary and the effects would not be significant. Some nighttime construction activity is anticipated; however, the construction activities, including noise emissions, would be subject to local codes and ordinances. The Proposed Action would not increase or alter the type and amount of aviation N activity at the airport. However, the Proposed Action would result in a slight shift in approach and departure flight paths. A noise analysis was prepared using the latest version of FAA's noise model (AEDT 2d). When compared to the No-Action Alternative, nine additional residences on the north side of the airport would be included in the DNL 65 noise contour in 2024. However, twelve residences on the south and east sides of the airport would no longer be in the contour. When compared to the No-Action Alternative in 2029, 17 residences north of the airport would be newly included in the DNL 65 noise contour and 21 residences on the E south and east sides of the airport would be removed from the contour. In both U study years, none of the residences located within, or newly within, the DNL 65 contour would experience a noise increase of DNL 1.5 dB or greater. Based on FAA's guidance for preparing NEPA impact evaluations, significant noise impacts would not occur if the Proposed Action was implemented. Therefore, mitigation is not required for the purpose of reducing the impact below the threshold indicating a significant impact. Although mitigation is not required for this project under FAA's NEPA guidelines, the County will continue to evaluate programs to address land use compatibility issues that result from operation of the airport. I Socioeconomics, Environmental Justice, And Children's Environmental Health and Safety Risks — The Proposed Action would not affect public service demands or affect social conditions. The Proposed Action would not require the acquisition of land nor would it displace any residences or businesses. The Proposed Action would not affect local transportation networks. No significant t socioeconomic impacts would occur. Because the project would not have significant impacts, disproportionately high and adverse environmental effects on minority and low-income populations would not occur. The project site would not affect any schools, daycare facilities, parks, U or children's health clinics. No significant Environmental Justice and children's health and safety risk impacts would occur. Visual Effects Including Light Emissions— Construction activities would mostly take place during normal daytime hours. However, some nighttime construction may be necessary to minimize impacts to airfield operations. Common equipment and measures are available to minimize light emissions at night. In addition, the remaining vegetation buffer along the north side of the airfield will also serve to Florida Keys Marathon International Airport 9 Environmental Assessment for Runway and Taxiway Separation Improvements Packet Pg. 3384 P.5.e Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 30,2020 reduce nighttime construction lighting and noise. In regard to visual effect, the Proposed Action would not introduce new light types or sources to the MTH airfield. In addition, 180 feet of the existing 220 feet of vegetation buffer on the north side 2 of the airport will remain in place. Although changes in the visual setting may be noticeable, they would not be significant. Water Resources Wetlands — The Proposed action would clear vegetation within 0.22 acre of N jurisdictional wetlands. This includes 0.18 acre of tidally influenced mangrove wetlands and 0.04 acre of isolated mangrove wetland. The wetlands would not be excavated or filled. Mitigation would be provided to offset the impacts. Anticipated mitigation would create mangrove wetlands on nearby County-owned property. Mitigation plans will be finalized during the project's permitting process. No significant wetland impacts are anticipated. F/oodplains—MTH is located entirely within a 100-year floodplain. No practicable alternative that would avoid the floodplain is available. The airfield pavement would U be constructed at the existing runway elevation; no substantial fill or excavation It activities would occur; and no structures that could impede floodwaters would be built or modified as part of the Proposed Action. There would be no significant floodplain impacts. I Surface Waters and Groundwater — The Proposed Action would not directly impact surface waters. A net decrease in impervious surface at the airport (10.5 acres) is anticipated. However, the project would require modification to the airport's stormwater management system and state-issued Environmental Resource Permit. Stormwater management system improvements are anticipated to include, but may not limited to, the construction of swales and detention pond upgrades. 0 Commonly-accepted measures to minimize erosion and sedimentation and It I maintain water quality during construction are available and would be required in the project's construction plans and specifications. Measures outlined in FAA Advisory Circular 150/5370.10H, Standards for Specifying the Construction of Airports, would also be implemented to minimize the potential for water quality ' impacts. Prior to construction, the contractor will be required to obtain and comply 0 with the conditions contained in the state-issued National Pollutant Discharge Elimination System (NPDES) permit for discharges from construction activities. The Proposed Action will not introduce any new or different activities at the airport that would affect the quality of surface waters or groundwater. No significant water resource impacts are anticipated. Florida Keys Marathon International Airport 10 Environmental Assessment for Runway and Taxiway Separation Improvements Packet Pg. 3385 P.5.e Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 30,2020 Drinking Water Supplies —The proposed action would not increase water use at the airport and would not affect a public drinking water infrastructure or supplies. Wild and Scenic Rivers — The proposed action will not affect Wild and Scenic g Rivers or river segments included in the National Rivers Inventory. Cumulative Impacts—The past, present, and future cumulative projects identified , in Section 4.14 of the EA have generated, or are anticipated to generate, low level T- or no environmental impacts. The projects are subject to different environmental N regulatory programs, some of which may require compensatory mitigation or mitigation to reduce impacts below levels considered significant. The minor impacts associated with the Proposed Action, when considered in addition to other projects considered, are not expected to exceed any threshold that would indicate a significant impact. OTHER FEDERAL, STATE AND LOCAL ACTIONS AND PERMITS: CIL CL Monroe County is required to obtain all permits and regulatory approvals c0 necessary to implement the Proposed Action. The permits identified in the EA are It listed below. • Florida Department of Environmental Protection - Environmental Resource Permit and NPDES Generic Permit for Stormwater Discharge from Large W I and Small Construction Activities • South Florida Water Management District - Environmental Resource Permit (ERP) • Monroe County — Comprehensive plan consistency and land development I approvals • Local Construction Permits a 0 CONSISTENCY WITH APPROVED PLANS OR LAWS: The Proposed Action is consistent with the current Airport Layout Plan. The Proposed Action is consistent with environmental plans, laws, and administrative environmental determinations of federal, state, and regional agencies. As discussed in Sections 4.2.3.2 and 4.8.3.2 of the EA, amendments to the County's Comprehensive Plan and Land Development Code and issuance of local approvals are required before the project 0 can be implemented. q X MITIGATION MEASURES: The Proposed Action would not cause significant environmental impacts that require mitigation. However, other regulatory programs applicable to the Proposed Action require the County to provide mitigation and implement certain protective measures. As discussed in the EA, the County will be responsible for implementing the following mitigation measures: Florida Keys Marathon International Airport 11 Environmental Assessment for Runway and Taxiway Separation Improvements Packet Pg. 3386 P.5.e Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 30,2020 • Provide payment into Monroe County's Environmental Land Management and Restoration Fund or provide alternate mitigation for clearing 4.65 acres of hammock habitat. 2 • Provide mitigation for 0.22 acre of mangrove wetland impacts. • Develop and implement a relocation plan for the Simpson's apple cactus. T- • Conduct surveys for the Stock Island tree snail. After FAA's consultation N with US Fish and wildlife Service is completed, the County will implement the mitigation measures agreed upon by both federal agencies. PUBLIC INVOLVEMENT: Early coordination was conducted with select federal, state, and local agencies at the outset of the study to gather information and identify issues of concern relative to the proposed action. The Draft EA was made available for agency and public review. The Notice of Availability of the Draft EA was published in the Key West Citizen newspaper, a 0 local newspaper of general circulation, on October 11, 2019 and in the Keys U Weekly newspaper on October 17, 2019. The Draft EA was available for review at MTH and the Monroe County Public Library, and for download from the County's website. The Draft EA was also submitted to the Florida State Clearinghouse. A Public Workshop and Public Hearing were held on November 13, 2019. FUNDING: The EA indicates that the Proposed Action would be implemented using a combination of FAA grants, Florida Department of Transportation grants, and County funds. The EA provides information necessary for the FAA to fulfill its obligations under NEPA. The FAA's environmental findings on the Proposed Action do not signify an FAA commitment to provide financial support for the Proposed Action. A funding commitment can only be made if, and when, Monroe County submits a federal grant application for a specific, eligible project and FAA's 0 consideration of the separate Federal funding criteria prescribed by 49 USC 47115(d) and 49 USC 40117. 0 U E c� Florida Keys Marathon International Airport 12 Environmental Assessment for Runway and Taxiway Separation Improvements Packet Pg. 3387 P.5.e Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 30,2020 FEDERAL FINDING OF NO SIGNIFICANT IMPACT: I have carefully and thoroughly considered the facts contained in the attached Environmental Assessment (EA). Based on my independent review, I find the EA is consistent 2 with FAA's regulations and is consistent with the Council on Environmental Quality's regulations implementing the National Environmental Policy Act (NEPA) (40 CFR Part 1500) as well as FAA's Orders 1050.1 F and 5050.413 for implementing the procedural provisions of NEPA. Consequently, I find the proposed Federal action will not significantly affect the quality of the human N environment or include any condition requiring any consultation pursuant to section Q 102(2)(C) of NEPA. As a result, the FAA issues this Finding of No Significant Impact, determining that an Environmental Impact Statement for this action is not necessary. BARTHOLOMEW Digitally signed by BARTHOLOMEW VERNACE CL APPROVED: VERNACE Date:2020.03.30 14:24:25-04'00' E 0 Bart Vernace, Manager, Orlando Airports District Office U 0 CL DATE: March 30, 2020 I DISAPPROVED: DATE: I U) 0 0 CL 0 U 4i E c� Florida Keys Marathon International Airport 13 Environmental Assessment for Runway and Taxiway Separation Improvements Packet Pg. 3388 P.5.e Department of Transportation-Federal Aviation Administration Finding of No Significant Impact and Record of Decision March 30,2020 RECORD OF DECISION AND ORDER I have carefully considered the FAA's statutory mandate to ensure the safe and efficient use of the national airspace system as well as the other aeronautical goals 0. and objectives discussed in the EA. My review of the EA and determination regarding issuance of the FONSI included evaluation of the purpose and need that this proposed action would serve, the alternate means of achieving the purpose and need, the environmental impacts associated with these alternatives, and any mitigation necessary to preserve and enhance the human, cultural, and natural environment. My review also considered the conditions and requirements prescribed in the Biological Resources and Land Use sections of the FONSI related to the completion of Section 7 consultation with the U.S. Fish and Wildlife Service and the need for the Airport Sponsor to obtain local Comprehensive Plan and Land Development Code approvals. Under the authority delegated to me by the FAA Administrator, I find the proposed action described in the EA is reasonably supported. I, therefore, direct that action E be taken to carry forward the necessary agency actions discussed in the EA and U in the attached FONSI. This Record of Decision (ROD) represents the FAA's final decision and approval for the actions identified in the EA and constitutes a final order of the FAA Administrator subject to review by the Courts of Appeal of the United States in accordance with the provisions of 49 U.S.C. 46110. Any party seeking to stay implementation of the ROD must file an application with the FAA prior to seeking judicial relief as provided in Rule 18(a) of the Federal Rules of Appellate Procedure. BARTHOLOMEW Digitally signed by BARTHOLOMEW VERNACE APPROVED: VERNACE Date:2020.03.30 14:24:50-04'00' Bart Vernace, Manager, Orlando Airports District Office 0 DATE: March 30, 2020 0 CL DISAPPROVED- 0 U DATE: c� Florida Keys Marathon International Airport 14 Environmental Assessment for Runway and Taxiway Separation Improvements Packet Pg. 3389 ems\ Comprehensive Plan Amendments regarding County Airport properties BOCC Adoption Hearing Item P. 5 April 19 , 2023 The Monroe County Airport Department is requesting text amendments to Policy 501 . 1 . 1 , Policy 501 . 1 .2, Policy 501 .2.2, Policy 501 .2.3 , Policy 501 .3. 1 , Policy 501 .3 .3, to allow the airport to accomplish operational safety and conform to current Federal Aviation Administration (FAA) standards and to meet forecasts of operational growth over the planning period. Some of these airport improvements will impact the existing vegetative buffer that exists between Aviation Boulevard and MTH. Proposed airport improvements at the Florida Keys Marathon International Airport (MTH) are consistent with the Airport Master Plan (AMP) and Airport Layout Plan (ALP) for each public airport which were approved by the BOCC on June 17, 2020 (adopted in Policy 501 . 1 .7) The improvement of the County public airports is essential to: • Improve the efficient movement of people and goods to and from the airport facilities, • Attract visitors by providing multiple options to travel between destinations, • Reduce vehicular traffic on the roadway network, • Decrease congestion throughout the surrounding area, • Facilitate the movement of goods between suppliers, manufacturers, and consumers, • Provide safe, efficient, secure, and convenient service to citizens, businesses, and visitors, • Maintain utilization for natural disasters and other emergencies, with the delivery of supplies, medical transport and providing another option for evacuations, • Contribute to operational efficiency, economic growth, and competitiveness while remaining sensitive to natural environment and requiring mitigation to offset impacts, and • Achieve and/or maintain compliance with FAA standards. v y., iv i II i r I n I i 1 {� � trGu+nr�Girwi�MOu�II�PMV�J!�PI>7!��i�9i!NyN19l�1ro�r�nerrx&mll�ln�rlliiiiri{iia��ii�� " i; gym, a s , mil" 4 y :. err, mx r pir "„y� � i�i ,, ' ;�� r � � ,�r ,; 4 fN�1�H7N�a�a�«a�" o� �li rc��i w� vl✓rl�i w,,/''"" '` - Y:.:.,,", y frfl ,,,,, ,. 7,>u ,. t+l� ,1 i�r „, ,,,, g✓'Ur� 1,,, ,,,,. �'�a k _,r /f / of D r�i !fr is ,Key West International A irport - , r orb operation area (yellowoutline,") n a to w�iu � w "`� ° � p �, om u P u,r ri i>r""�I�'YW 4'UIiY a i u {... ,. r d..✓�+ ,� -�� -n.�� ,. �i.ii i ii�ray is,.... ,i„, i„r.. ...ri i �. ,. .v. ,,.. ffY ..�,i..,..,i iir ri. ,ri n >ir.e,i iii�iL i� / I / M..-, .✓,� ,///// f�6a�1 „ ;. . „�,. ✓i. //i� � /i//,�n/ l.�, rr/r//, r, ,�l./ r(r✓, �a��/�rrnrrin/ .i///iii,✓�,//U/r%ni „fr. /„ 1/.,i "�-, u., ,... , ,. ,.. q, i i,r«r/i� sJ ✓. ,r ,,..it /. �� 111�ir 19/........r lil/i/%, /.//.. t sf// l/21ll�iiir' �1 u � ✓,,., �� e_ ,t>�1.W� � J ��rtnuJ r�ro Jc� a� � �i�„ ��i✓ P� � �W �YA, wi:wd nE IN mg gN.4 iq O%M"O ilh PROPERTY ACQUISITION LEGEND-,, PARCEL, ACRES AcoulVTONDATE ET NUMBER, TYPE ACIOURED AC MUIRED Y � I a z u } I r ,r, , r ....,,, im IMP tl......... 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LEGEND: 4�h'N'77fMPLMP9Prda;;tA9W>'vMr �MNP?�fN�wJW,5P7'4vf9(rtgrpppp(JfPairgoMr WrNP[V�1NPf�u»NPf�u»NPf0a�1NP[V�NPf�a»NPfOa?�NP[V�1NPf�u»NPf�u»NPf�uarJprP[V�1NPf�u»NPf�u»NP[V�1NP[Va»NPf�u»NPfOa?�1NP[V�1NPf�u»NPf�u»NPfp�JprP[Va»NPf�u»NPfOa?�NP[V�N9PLL.' IAFMM�AM�AMMmFMM�AM�AMMA?F g nIw yY 'dry'' (� 4� / auks (�',IW� ,�rd PARCEL TM a^ U`a 1�O y��'"��Iq'�'��.IV��II'yoP.7>"''�U METHOD ll�, , FEE ,".,. _.lor , .,.. « M r. »mt, .'...� � ......wwww wur,w. wwwwwwwwwwwwwww,w,o PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS deletions in xh additions blue underline, Staff's recommended changes: deletions in 5"Efli e 4ff- additions in red underline Policy 501.1.1. Monroe County 1 11 inaintain aviation related land uses adjacent to the public uir rtS and dditional.ly prohibit int ision into all, it rt one . o 1 , �� ot�� • � .. �. „•.� '"6 .. n � �;, �' � � '" 7a-tl�•"i "� " �M� u-',�' " ��"9. � � , m m ti. a �,.:.'�c ,, s :..1w and ry f i c . ,. M. 1"I'se, ......:M 1 C10i"I t 1. �1��.:. Policy 501.1.2 i j� bs 1ry i W_ Ms M I, with, ' mWp d 3,33 " x• F.S. LL M " l 'W � ... ...... ........ ......... ........ ......... ....... ....... ......� uu e � � i na �. ,, also ai'l nda, el,lxd, 1,-11 iv Humid �. . , ii .�. c) h ri )or ��' fl,,i r � �,� .m.��, ...... .......Ia � �. i . .l� .ir. m �. m.�� . m. i mli � f� m .m. t " .. . r.. rr . 1e 1 .,) . �,. .) �� . � . 1� ��r��m�i 1 ur . r Lati,di . ircm tre it o-til� � m p . 01d f . 1: 11 nib. m :mr M:. :m. �i tl:l ::. mrml i.i. lm.m�.. ��rvr " � _ ry x, �., tile , ...... .i. mu.m..�u. i , mr.m l . r....� i 11 r i . ..m.�r.., mr. .�.. •... �.. � w 1 1.. �r..mr mx m. .mx.� .�rtided � � it � ' I s m m�ti � d ig i o 1 m�x �. �. Monroe County shall continue to prohibit structures and activities that interfere with the operation f aircraft at airports and airstrips whether public or private., Such structures and activities,.., include but are not hinited to, tall structures, smoke, tall try and electromagnetic radiation. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS deletions in xh additions blue underline, Staff's recommended changes: deletions in 5"Eflikee 4ff-&ugh additions in red underline Pollcv 501.1.7 The "Key West Intemationa.1 Airpor�t Layout Pla,n," prepared by Ricondo & Associates, dated January 2020 and, approved by the BOCC on January 1 212, 2,020, mid the "Florida Keys Marathon International. Airpor Layout, Plan',III prepared by Ricondo & Associates, hic., dated June 2020 aild, Proved by the BOCC on June 17, 2,020, are hereby incorporated by reference. Policy 501.23 If' developi,iient activities to constrtict or expand airport or airstrip fazilities take place in environillentally sensitive wetla,nd areas because there is no, other viable alternative availa.ble, iiiitigation and, restoration sha.11 be required and, approved according to federal and, state peniiittiqg requirements. I ;.,,�ifit es ta,,. i,�n A Ir 0 to, X d TR I? ke -n e, ip. ................................ ........ If deve, actiyides to, (.",,o1",i,,strtjct 11 C .............................................................................................................. ...................................................................................................................................................p-,.- se .�i,,s tive native .yeggt at e, alterijative i i atk-)n i-mas becaiise there, is rio other yiab,le ................................................................................................................ ............. ..................................................................................................................................................................................................... ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 11 1�11 1 14,C - ,,u ' rocess- fb , I - 01 . e,w d f CA.available., [11,11�e ea,(.-:1i.v.it.ies wiLt, 1.)e reyl , el .................ji t to, tlie permit Reterl I P 1, ..........................................................................�!:..............................I..................................................................................................................................................................................................................................................................................................................................................................................................................... .......qj ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... d e N.7. e cu,s A 11% it e(zit: to t1le Count atioji sta, dards., TReriu.). veal. ooff E31 u fter Aj.vas 'BA arld will be st, ........................................................................................................................................................................... ............................................................................................................................................................................................................ N1().tirc.),e., ( onniental, .......................................................................................................................................................................... Land N,41111111,""i,c-j",ei,i.,i.,eiit and Restioration. F"und in an amourit sufficient to, i-11111111i la''Ce eaC11. rC'1110,%,7e,C`1 ""Int or tt'ee on, ;,'12, � I basis PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS deletions in xh additions blue underline, Staff's recommended changes: deletions in 5"Efli e 4ff- additions in red underline Objective 501.3 Airports and lrstri`p�s shall operate in theinanner to i i-em, in safety and, lea,,st adverse impad on the Policy 1...3.1. "-Bpi. ..,."',. s p.s e °' w ",. _Vu o I •w, I". s, 50.1 . 0 . °' ," a "- 50,11 Monroe County shall ma,inta,in the existing ..... ......... ...... ..... ......... ........ ..... ....... ..... ..... ......... ........ .... ....... ......... ...... a, u�u t t u ,..:: ��. ..�;. : ., . � . . .u,u� ., �,.�:�� .� �t� �.,. . . � � .�� . �� r ......... ....... ...... as a, "buff�,r between W. �.. ...... ........ ............... the Marathon Airport n the residences to the nort1i., all, iiava,sive exot a, I I-lu � , ° . u �... � ., l i u: w w° r w ., w . . w°; u�..0� . N,. gh .1 �•.. ., , r,. .M .w. .u. , . � . .... .... ...... ...... ...... ....... ...... ...... ....... ... ...... ...... ....... ..... ....... ....... ........ the Ci • ", � s ....... ..... ........ ....... �� PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS deletions in xh additions blue underline, Staff's recommended changes: deletions in 5"fli e 4ff- additions in red underline Policy 501.3.2 Moiuoe Count),, shall maintain. and update the Key West Intemational andMarathon Noise Exposure Maps, and implement naeasures � : ze the adverse impacts of noise on the surrounding community., Police 501.3.3 Facilities t pubfi,c ai ports shall be et or exceed federal, state, and, local saf egulations as applicable. ( (1 ; )L � ., � . u��, . � , . � 1� a . �� . t m "1uu t� � �� . 1 , t u,cll a�.1 . I S ard.ovi,s 'to PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS Staff Recommendation Staff recommends approval , with the staff recommended edits. 4 fl„ Ad L I / L" ��p 4 r„ rI y4r r ,J"r UIl maarc ,YYr��I),a s` I .. I uuuIIIIIV �;. V r, > ,, � ,. ,. .t. I,.4,.N...w. ..." ,,, w' �✓ ,,tG - a, ,,, r _/rrrr r,. r> rd✓'. »,rt, 4; '1„ 'l ,r,,s ",,;, P .... e„", ,/.',i ;; „r:,. „nay. '�; 'I f�411 IW°r II u I / la lI ✓ / r r (6; ;, ! rl ;r ;», �.::.. .;I ✓� ,' ( w", "f / w m"" r� f 1, �J� r ra �/1 i;;YNV r: r I �m / I ,Yy,,." �"f�" � J ,:a';F^,"' N �, ,,iy `ohJr!; :J ,.,,,,, ,,,�i✓Y Irk'+ly, ��, nr,w� ,� rn�^''* „/ ��I/ ,�� Ij. I�,�` ayr "9 JN�f, b`;( Ir!� /"I„r 1, "',"u"' ';UU�,,r ",., 1 r "% ''-° ,,.,,,,' ,,,,. xi�'"W;W r'*r*';fun✓sear P(l, � I�� Nut �'r�� ' 4 e Wr". I �//I ",, r ,.�✓/ / r//./ I ,/ J..f 4�»/4 r r", yr ✓n_,. ., .,,..w ,,,' . 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IH IN 1� l I,, /i/ /f�/ / � r d'/s. �4 /, u//« qr /� �r� +1W✓'rr, rl � � HGEND mm �UI J,NK tllY �Y W" I,PVJ' r a Di " r I r Wl x "rh ywnlY f"` ,I Swamp r V, Ttl�!ad:NItl�B,rINtl�N 1 16,�i�f Ifi" ".t�d�lrtlrl��.��:r�� r,rVlam!,Pry? odu'Bp' ',Idrtll.o��d" Comprehensive Plan Amendments � '' regarding County Airport properties BOCC Adoption Hearing Item P. 5 April 19, 2023 The Monroe County Airport Department is requesting text amendments to Policy 501 . 1 . 1 , Policy 501 . 1 .2, Policy 501 .2.2, Policy 501 .2.3, Policy 501 .3. 1, Policy 501 .3.3, to allow the airport to accomplish operational safety and conform to current Federal Aviation Administration (FAA) standards and to meet forecasts of operational growth over the planning period. Some of these airport improvements will impact the existing vegetative buffer that exists between Aviation Boulevard and MTH. Proposed airport improvements at the Florida Keys Marathon International Airport (MTH) are consistent with the Airport Master Plan (AMP) and Airport Layout Plan (ALP) for each public airport which were approved by the BOCC on June 17, 2020 (adopted in Policy 501 . 1 .7) The improvement of the County public airports is essential to: • Improve the efficient movement of people and goods to and from the airport facilities, • Attract visitors by providing multiple options to travel between destinations, • Reduce vehicular traffic on the roadway network, • Decrease congestion throughout the surrounding area, • Facilitate the movement of goods between suppliers, manufacturers, and consumers, • Provide safe, efficient, secure, and convenient service to citizens, businesses, and visitors, • Maintain utilization for natural disasters and other emergencies, with the delivery of supplies, medical transport and providing another option for evacuations, • Contribute to operational efficiency, economic growth, and competitiveness while remaining sensitive to natural environment and requiring mitigation to offset impacts, and • Achieve and/or maintain compliance with FAA standards. �r ors , x a ' /�" 1 i✓n, H i ;, ,,,, �,,,V✓�d �IIIO�m�N�fVr�i�i��fRfM�llll I �l,'lWr,✓d;�✓l�sdNJDJD�wD1NVii�,»l�Jl»IDVf!�DYIDr�Y;;s14P9 DPXM auu iN6t�rtour idl'�VV✓��mmrwM��n.o �f�rouom6 rA#rifiW�WJ�✓w»f;�✓Nrrl✓lt y4 N4'4midi r�^^�u��imOdsiMtaFh�GP.r,�,,,, «,�o,,,,' �, ors✓✓aN�iJubN90�iYllVi➢I�➢JJ9J�iJIDr'HM�rpa�moi✓n�in✓✓Go i✓✓/ i✓, ,,,�,,, ,,,,,'„ ,,, ,,,,, ,,,;. 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PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS 11 qi1__ thfoty deletions in bltK---s4f&e4-hr-oufh additions blue underline Staff's recommended changes: deletions in fe gh additions in red underline Policy 501.1.1 Monroe County shall maintain aviation related land uses adjacent, to the public airports and additionally prollibit, intrusion into all airport zones ,X....................g..........n..........i....-.i.................... C..... o..........i.....j.!. hpj ,.,.q.......(.,.A.........j........b............n.......u.e...............t.....o.... .....q... (...,...)......o..........r.....i..d...........h.........1.......,.q.........t.....e......., wi-1,,.[.i the Ci f ai.nitai.ii t,.i.e c(, atJJ)i.1i1[Y_P_1L_ ...................................... .......................... ....................tj.............. ............... )rt hazar s, wliich affiect, tl,,.ie safe, and efficietli.1, ..................................................................:.d..................................................................................................................................................................................................................................................................................................................... ilea ,of',C"o�t�ini�,y_fn,ij,)�,i (Hls, ................................................................................................... .................................... Policy 501.1.2 Consistent with S,ecil.i(km.i.. .3'.3."3.012,, F.S, ,. Moiln,)e G(�)unl 10.,ji aza.r,�,j (g,n.obstructioij ............................................................................................................. to .... g�;,jj.,j g), u,jger flie live,5 qjjd cyt the—t.d'. P -ly, Pt, bg g j:v_a_n 1_t................................................................................. ........................ ... -----------— oflan.d in ii[s ........vicij,-.ii je size (,-)if lbie area availat)te for tlie ................................................................................................................... ....................................... Y Upairiteigifilyoft]orlaw.�ii.(Jii of aii craftit ic()Ijld desl[r . ir (he� ijtd ..................................... ........................................ ............................................................... ........ ...............9. ........ t.ILI tilix,.E...........:.,Kj......S........................1...... ...............I.................w ]............t.....,..t....i.... ..b.........l.......i.....c....................n...........v..........e..........s........til.......'.l.....e............n...........l.......t......h..........e...............e.........i......l....i....i.....,. 1j1 )....1......1......1..."...)......1....i.....c......... aiTAL�� ............... AP c 01._1.7, sh J fiotn. ait ort hazards.all be .................................... .................... Monroe County shall continue to prohibit structures and activities that interfere with the operation of aircraft at airports and airstrips whether public or private. Such structures and activities,.,, include but are not limited to,, tall structures, smoke, tall trees, and electromagnetic radiation. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS 11 9,�-I-- thfoty deletions in additions blue underline Staff's recommended changes: deletions in fe gh additions in red underline Policy 501.1.7 The "Key West International Airport Layout Plan," prepared by Ricondo & Associates, Inc., Mated Jantiary 2020 and approved by the BOCC on January 22, 2020, and the "Florida Keys Marathon International Airport Layout Plan," prepa,red by Ricondo & Associates, Inc., dated June 2020 and approved by the BOCC it June 17, 2020, are hereby incorporated by reference. Policy 501.23 If development activities to construct or expand a,irport or airstrip facilities take place in environmentally sensitive wetland areas because there is no other viable alternative available, mitigation and restoration shall be required and approved according to federal and state pennitting requirements. I t............. in ..... ........ e�Liv�iro,n.ii.,.iu. ultal. n.",-I'live ..................................................................................................................................... MT[tila,ble, the ao[ivilies wjJ,1 be r evieweld .................................................................................... ............................................................................................................................................................................................................................................................................................................... deve.1,01? l jt (.[mt occurs wi.1L[.1jji areas de&g;liak.,,,d 'ar....,�f- �s�Se �Pas Fo�c p s r.............A.. .ea.s. �SF - i,1[1g,(gti0jj ........ .. ..................... .................... ...... ................... jijire a i"li,egift ((,.) t1le', N. 1gigo qji' "i . e, ( ........"ye'. .'.4ation w geq .............................................. .-:ill .................. Mamw�enienl ,,incl Restoraticai Fund in ,,in .-im(.-.)Unt sufficient to repl,,,-icereqioved. t,.jq! ............................................................................................................................................................................................................................................... ..................................................................j.j or tree on a 2- 1 basis. ---------------- PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS 11 9,�-I-- thfoty deletions in additions blue underline Staff's recommended changes: deletions in fe gh additions in red underline Objective 501.3 Airports mid airstrips shall operate in the inaluier to maxinlize safety mid least adverse impad on the conail unit y. Policy 5013.1 Consistent Rr,,Aicies 5104. 12 agid 5,04.3.3, Monroe County shall maintain the existing ................................................................................................................................................... ..................................................................................................................................... hanunock along Aviation Boulevard,.",.................which is not located with.i.n the Federat Aviatio.11. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .............................................................................................................................................. .................. ro,11 i bJ I iLl � cls vi,11�11in ,250 feet offlie, i cerife rI.J.Lie, as a buffer between.jg... .............................................................................................. the Maratlion Airport and the residences to the north., If re.mov,(:,1l of a PgM0 of the, buffet- "is fg(,�ulred because no other viable a1teniative is, ava iLllambbel all inva,sive ex ced with 7egelation to mainuctin the habitat- ff, m)—rovriate 111ritive", Mori e Coll.g. d ilifort.-ril. ................................................................................................................................. vt A,;(1 e 0 ellstlre,idle C11, Y Q.1. the rei,novat al,011 ard re lil, -d I[ ...................... ...................... . ..................................... .......................................................................................................................................................................................... — ———-------------------------------------------------------------- P i1............ F.1 o r id a Kg Q.E.11. ........ .................. ............................................ .............. ................. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS 11 9,�-I-- thfoty deletions in additions blue underline Staff's recommended changes: deletions in fe gh additions in red underline Policy 501.3.2 Monroe County shall maintain and update the Key West International and Marathon Noise Exposure Maps, and implement measures to minimize the adverse impacts of noise on the surrounditig community. Policy 501.3.3 Facilities at public airliorts shall be built to meet or exceed federal, state, and local safety regulations as, applicable. Nlonroe Swh.all pric)rityze safety In -niblu., a1,rj2L()rt de ,ek 22 "t tl uls the i,-tl- �,-lri obst)"'L,tc 1 o 1 th L)Le fll�, ht of ,urct-a I n ku Ji,ii,i�,%1, . at such alLIE122 LL21 i 7 ' s othenN, se 1,,iaz, rdogs to I(MIC111,111-1-1, t1,,'ik,1l'112 oll"t" Cat slt,Ich PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS Staff Recommendation Staff recommends approval, with the staff recommended edits. Ill�uiiii�i pui iu �II� ��wi „�rl�, ,.hl I r W x; IIpI / � 'd. /° �a �f✓✓j,,o r/rn,;r / ' Vilr Y ui 1 I H 1 f IIIIIIIIIIII ��,�, II w rr r� f d � �I�� ,I� � � ��,, ru,✓ ,.:, a�� w ,.. I,�!Il r:�:. I, W ,M.. ,r/w,,.✓ I ,�" � S,r,/d,„.. "I, II.I h r � Ik� I �� r �� ✓6 u(} r y�r(N Y �� / "�flr' (i Y IIII i �N d r, ! � )puaf� +: � r / U /J�;�J I ✓��"��r ➢i��f�J f1�A, Y �I�� I I nt II r.. 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