Agenda Item 8DAGENDA ITEM # 8D
APRIL 11, 2011
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Appointment of a Navy representative to the Community Development Board
as required by 2010 HB 7129
SUBMITTED BY: Sonya Doerr, AICP
Community Development Director
DATE: March 28, 2011
BACKGROUND: 2010 House Bill 7129 signed by then Governor Christ in June of last year
expanded requirements for local governments to coordinate land use and comprehensive planning
activities with nearby military installations. The expanded legislation requires the City to appoint a
representative from Naval Station Mayport as a non - voting ex- officio member of the local planning
agency, which is the Community Development Board. The legislation identifies 43 Florida local
governments that are affected by the new requirements including the City of Atlantic Beach because
of our proximity to Naval Station Mayport. The intent of the legislation is to create an information
sharing process that will avoid base encroachments and minimize potential for impacts from the
development of incompatible land uses that could adversely affect the ability of an installation to
carry out its mission. This is similar to the 2007 school facilities planning legislation that required
appointment of a Duval County School Board member to the Community Development Board as a
non - voting ex- officio member. As with that legislation, HB 7129 will have minimal impact on the
City of Atlantic Beach in that we are a largely built -out community with an established development
pattern and we already coordinate actively with the Navy and will continue to do so in any case. But
with anticipated base expansion, this process would seem timely.
Staff recommends the appointment of Naval Station Mayport Community Planning and Liaison
Officer Matt Schellhorn to the Community Development Board. Staff already has a working
relationship with Mr. Schellhorn and he has offered to serve in this role.
We will also be required to amend the future land use element of our Comprehensive Plan to include
criteria that will be used to achieve the compatibility of land uses near military installations. We will
proceed with this later in the year as we get examples from DCA and other local governments of what
is expected with this requirement.
RECOMMENDATION: Motion to appoint Naval Station Mayport Community Planning and
Liaison Officer Matt Schellhorn to the Community Development Board as a non - voting ex- officio
member of the Board as required by 2010 HB 7129.
ATTACHMENTS: Department of Community Affairs (DCA) summary of HB 2010 -7129.
REVIEWED BY CITY MANAGER:
April 11, 2011 regular meeting
AGENDA ITEM # 8D
APRIL 11, 2011
DCA Summary
HB 7129 Military Base compatibility and Encroachment
During the 2004 Legislative Session, the Legislature passed SB 1604 (Chapter 2004 -230, Laws of
Florida), creating section 163.3175, F.S. This new section incorporated into Florida law the
Legislative finding that incompatible development near military installations can adversely affect the
ability of an installation to carry out its mission. The Legislature also found that incompatible
development can threaten the public safety and economic vitality of local communities. To
encourage coordination and cooperation, SB 1604 required the exchange of information between
local governments and military installations when land use decisions might affect operations at the
military installation. The new law specified the issues that the base commanding officer may
consider when commenting on a proposed land use change. Local governments were required to
consider the commanding officer's comments and to forward the comments to the Florida
Department of Community Affairs. To facilitate the exchange of information, the new law required
an affected local government to expand its land planning or zoning board to include a
representative of a military installation as an ex- officio, nonvoting member.
In addition, SB 1604 expanded paragraph 163.3177(6)(a), F.S., to require each affected local
government to amend the future land use element of its comprehensive plan to include criteria that
will be used to achieve the compatibility of land uses near military installations.
New Military Support Provisions in HB 7129 (Chapter 2010 -182, Laws of Florida)
During the 2010 Legislative Session, the Legislature expanded and strengthened support for the
military in Florida through passage of HB 7129. This bill has been signed by the Governor and is
effective on July 1, 2010. Specifically, this new law:
• Creates sub - section 163.3175(2), F.S., to identify, by name, the 14 specific military
installations, which due to their mission and activities, have a greater potential than other
installations for experiencing encroachment, incompatible land uses and development
issues. This sub - section also identifies, by name, the 43 local governments associated with
each military installation.
• Creates sub - section 163.3175(3), F.S., authorizing the Florida Council on Military Base and
Mission Support to recommend to the Legislature changes to the specified military
installations and local governments based on a military base's potential for impacts from
encroachment, and incompatible land uses and development.
• Requires affected local governments to transmit, at the request of the commanding officer,
copies of applications for development orders requesting a variance or waiver from height or
lighting restrictions or noise attenuation reduction requirements within areas defined in the
local government's comprehensive plan as being in a zone of influence of the military
installation. The military installation may provide comments to the affected local
government on the impact the proposed changes may have on the mission of the military
installation. See sub - section 164.3175(4), F.S.
April 11, 2011 regular meeting
AGENDA ITEM # 8D
APRIL 11, 2011
• Creates an enforcement mechanism through new sub - section 163.3175(9), F.S. Affected
local governments that do not adopt land use compatibility criteria by June 30, 2012 must
enter into mediation conducted by the regional planning council. Parties to the mediation
may include the local government, the military installation, the Florida Department of
Community Affairs, and other parties identified by the regional planning council, including
private landowner representatives. If the local government comprehensive plan does not
contain criteria addressing compatibility by December 31, 2013, the Florida Department of
Community Affairs may notify the Administration Commission. The Administration
Commission may impose sanctions pursuant to sub - section 163.3184(11), F.S.
• Add increased specificity to the compatibility issues that a local government must consider
when adopting land use compatibility criteria. The statute now specifies that the local
government must consider factors identified in sub - section 163.3175(5), F.S. These criteria
must now include compatibility with the safety and noise standards contained in a Air
Installation Compatible Use Zone study adopted by the military; compatibility with an
Installation Environmental Noise Management Program of the U.S. Army; compatibility with
the findings of a Joint Land Use Study; and impact on the military installation's mission.
Walker Banning
Community Program Manager
Department of Community Affairs
Division of Community Planning
2555 Shumard Oak Blvd.
Tallahassee FL 32399 -2100
April 11, 2011 regular meeting