Ordinance 021-2010ORDINANCE 021 -2010
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE MAP
DESIGNATION FROM RESIDENTIAL LOW (RL) TO MIXED USE /
COMMERCIAL (MC) FOR PROPERTY LEGALLY DESCRIBED AS LOTS 13,
14, 15, 16, 17 AND 18, THOMPSONS SUBDIVISION, SECTION "A",
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1,
PAGE 147, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBER 00440100.000000 LOCATED AT 99101
OVERSEAS HIGHWAY, KEY LARGO, APPROXIMATE MILE MARKER 99.1
WHEREAS, the subject property is located at Mile Marker 99.1, Key Largo, Florida and is
legally described as Thompson's Subdivision, Key Largo, PB1-147 Lots 13-18, Monroe County,
Florida having real estate number 00440100.000000; and
WHEREAS, during a regularly scheduled meeting held on October 6, 2009, the
Development Review Committee of Monroe County conducted a review and consideration of a
request by MDJ Investments, LLC for a future land use map amendment in accordance with the
provisions and intent of Monroe County Comprehensive Plan Policy 101.4.5; and
WHEREAS, during a regularly scheduled public meeting concerning the subject property
held on January 27, 2010, the Planning Commission conducted a public hearing and approved
Resolution P40-09 recommending approval to the BOCC to amend the Future Land Use Map from
Residential Low (RL) to Mixed Use / Commercial (MC) in accordance with the provisions and intent
of Monroe County Comprehensive Plan Policy 101.4.5; and
WHEREAS, during a special public meeting held on February 22, 2010, the Monroe County
Board of County Commissioners conducted a public hearing approving the transmittal of a resolution
to the DCA at the request of MDJ Investments, LLC, proposing an ordinance to amend the subject
property's Future Land Use Map designation from Residential Low (RL) to Mixed Use / Commercial
(MC); and
WHEREAS, the Florida Department of Community Affairs (DCA) submitted its Objections,
Recommendations and Comments (ORC) report for the proposed amendment (Exhibit A). The
DCA's recommendation included creating a site -specific policy to limit commercial development to
an amount that ensures the protection of the hardwood hammock, prohibits the clearing of native
hardwood hammock on the site, and prohibits the development of residential dwelling units and
transient units; and,
BOCC Adoption Packet MDJ Investments, LLC. June 29, 2010 Future Land Use Map Amendment Pale t t IC5
WHEREAS, as a response to the DCA's ORC Report 10-1, the following sub area policy was
created:
3.2 Sub -Area Policies
GOAL 107
Monroe County shall regulate land use and development activities of scarified and/or filled portions
of parcels containing environmentally sensitive areas, by the enactment of area -specific regulations
that allow development to occur subject to limitations and conditions designed to protect natural
resources.
Objective 107.1
Monroe County shall coordinate Land Use with the Elements of the Comprehensive Plan
through Future Land Use Element Sub -Area Policies Applicable to a Specific Geographic Area.
These sub -area policies identify parcels of land that require narrowly4ailored regulation in
order to confine development potential to an area or extent less than the maximum development
potential allowed by the future land use category. The development parameters established for
each sub -area shall be based either on an inventory of uses and facilities established on the
parcel or by data and analysis supporting the specific sub -area limitations.
Policy 107.1.3 Specific Limitations on Key Largo Mixed Use Area 1
The following land uses shall be allowed on the following parcel: parcel
00440100.000000 (0.62 acres; legally described as Lots 11, 12, 13, 14, 15, 16, 17 and
18, 19 and 20, Block 2, THOMPSONS SUBDIVISION, Section "A", according to the
plat thereof, as recorded in Plat Book 1, at Page 147, of the Public Records of Monroe
County, Florida; and the East 10 feet of that portion of Fisherman's Trail, adjacent and
contiguous to the West boundary line of Lots 15 and 16, Block: 2, lying between the
North Line of Sailfish Trail and the Southeasterly Right -of -Way line of Old State Road
4A, in Thompsons Subdivision, Section "A", according to the plat thereof, as recorded
in Plat Book 1, at Page 147, of the Public Records of Monroe County, Florida and on
which a concentration of non-residential uses exists, including approximately 2,968ft2
of commercial floor area. Development of the Key Largo Mixed Use Area shall be
subject to regulations applicable to the Mixed Use / Commercial (MC) Future Land
Use Map as well as the additional restrictions set out below:
1. There shall be a maximum commercial floor area ratio of 0.30.
2. There shall be no residential or transient units.
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Findings of Fact and Conclusion of Law:
1. The proposed FLUM amendment is consistent with the provisions and intent of the
Monroe County Year 2010 Comprehensive Plan Goal 101, Objective 101.4, Policy
101.4.5 and Goal 105.
2. The proposed FLUM amendments are consistent with Sec. 102-158(d)(5)b.5. and Sec.
102-158(d)(5)b.6. of the Monroe County Land Development Regulations, particularly
subsection `data errors' and `recognition of a need for additional detail or
comprehensiveness'.
BOCC Adoption Packet MDJ Investments, LLC. June 29, 2010 Future Land Use Map Amendment Page t f rJ
3. On July 23, 1976, the MC Zoning Board adopted Resolution 20-1975 approving a
zoning change to BU-1 on the property with a special use permit approving retail
sales for furniture and clothing only.
4.. Building Permit Number C 1809 was issued on August 13, 1976 for land clearing on
Blocks 13, 14, 15 and 16 on U. S. 1 and Grouper Trail.
5.. Properties adjacent to the subject property to the south and west are Tier 1. Properties
to the north of the subject parcel are in a Tier 3 and a small portion to the north is Tier
1. The future land use designation to the north is Mixed Use / Commercial (MC).
6.. The proposed FLUM amendment is consistent with the Goals, Strategies and Action
Items from the Key Largo Livable CommuniKeys Plan, particularly Goal 1 which
states: "Direct future growth to lands that are most suitable for development and
encourage preservation of environmentally sensitive lands."
T The proposed FLUM amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern pursuant to F.S.
Chapter 380.0552(7).
8, The proposed FLUM amendment is consistent with the surrounding future land use
map designation of Mixed Use / Commercial (MC).
9. The proposed FLUM amendment may affect local traffic, parking and circulation, but
not significantly.
10. A site visit was conducted by the Monroe County Biologist on May 21, 2010 who
reported the following:
"The South property line is located within a narrow strip of tropical hardwood
hammock. The five ft wide section just inside the entire length of the South
property line is comprised of almost entirely native species; just inside of that
section is a parallel area approximately five ft wide that consists of native
hammock species mixed with juvenile non-native Lead Tree (Leitcaena
leucocephala). If the Lead Tree were removed from that area, there would be
enough native understory vegetation remaining for it to be considered tropical
hardwood hammock. The areas near the East property line and Southeast of the
building contain mostly native canopy trees, but little native understory vegetation.
The ground cover there is dominated by grasses and non-native vegetation with a
few scattered native seedlings."
11. The Monroe County Land Development Code Section 118-9 permits 20% clearing of
upland native vegetation on Tier 1 lands.
12. The Comprehensive Plan Policy 101.4.22 permits 20% clearing on Tier 1 lands.
NOW THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIRDA:
Section 1. The Board specifically adopts the findings of fact and conclusions of law stated
above.
BOCC Adoption Packet MDJ Investments, LLC. June 29, 2010 Future Land Use Map Amendment Page 3 C a
Section 2. The subject property with Real Estate number 00440100.000000 and legally
described above which is currently designated Residential Low (RL) on the
Monroe County Future Land Use Map shall be designated Mixed Use /
Commercial (MC) as demonstrated on "Exhibit B" subject to the text changes
in Section 3 below.
Section 3. The text of the Monroe County Year 2010 Comprehensive Plan shall be
amended as demonstrated on "Exhibit C" and as follows:
3.2 Sub -Area Policies
GOAL 107
Monroe County shall regulate land use and development activities of scarified and/or filled
portions of parcels containing environmentally sensitive areas, by the enactment of area -
specific regulations that allow development to occur subject to limitations and conditions
designed to protect natural resources.
Objective 107.1
Monroe County shall coordinate Land Use with the Elements of the Comprehensive
]Plan through Future Land Use Element Sub -Area Policies Applicable to a Specific
I.—Jeographic Area. These sub -area policies identify parcels of land that require narrowly -
tailored regulation in order to confine development potential to an area or extent less
than the maximum development potential allowed by the future land use category. The
development parameters established for each sub -area shall be based either on an
inventory of uses and facilities established on the parcel or by data and analysis
supporting the specific sub -area limitations.
Policy 107.1.1 Reserved
Policy 107.1.2 Reserved
Policy 107.1.3 Specific Limitations on Key Largo Mixed Use Area 1
The Key Largo Mixed Use Area 1 has a concentration of non-residential uses
currently existing, including approximately 2,968ft2 of commercial floor area.
The current Real Estate Parcel number is 00440100.000000, contains 0.62
acres and is legally described as:
Lots 11, 12, 13, 14, 15, 16, 17 and 18, 19 and 20, Block 2, THOMPSONS
SUBDIVISION, Section "A", according to the plat thereof, as recorded in Plat
Book 1, at Page 147, of the Public Records of Monroe County, Florida; and the
East 10 feet of that portion of Fisherman's Trail, adjacent and contiguous to the
West boundary line of Lots 15 and 16, Block 2, lying between the North Line
of Sailfish Trail and the Southeasterly Right -of -Way line of Old State Road 4A,
in Thompsons Subdivision, Section "A", according to the plat thereof, as
recorded in Plat Book 1, at Page 147, of the Public Records of Monroe County,
Florida.
BOCC Adoption Packet MDJ Investments, LLC. June 29, 2010 Future Land Use Map Amendment Page y or 5
Development in the Key Largo Mixed Use Area 1 shall be subject to
regulations applicable to the Mixed Use / Commercial (MC) Future Land Use
Designation as well as the additional restrictions set out below:
1. The maximum commercial floor area ratio of 0.30.
2. There shall be no residential units.
Section 4. These provisions may be renumbered accordingly if necessary in the Monroe
County Year 2010 Comprehensive Plan.
Section 5. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected
by such invalidity.
Section 6. All ordinances or parts of ordinance in conflict with this ordinance are herby
repealed to the extent of said conflict. The repeal of an ordinance herein shall
not repeal the repealing clause of such ordinance or revive any ordinance which
has been repealed thereby.
Section 7. The Planning Director shall transmit this ordinance to the Florida Department
of Community Affairs pursuant to Section 163.3184(7) and Chapter 380,
Florida Statutes.
Section 8. This ordinance shall be filed in the Office of the Secretary of State of the State
of Florida, but shall not become effective until a notice is issued by the
Department of Community Affairs or Administration Commission approving
the ordinance and as provided by law.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Fllooridikpt a special meeting held on the 291h day of June A.D., 2010.
CD
o c='
Mayor Sylvia J. Murphy Yes
Mayor Pro Tem Heather Carruthers Yes
Commissioner Kim Wigington Yes
U— Commissioner George Neugent Absent
a Commissioner Mario Di Gennaro Absent
__ Q
BOARD OF COUNTY COMMISSIONERS OF
MONROE COU T , F O A
BY
Mayor Sylvia J. Murphy
ATTEST: DANNY L. KOLHAGE, CLERK
MONR E COUNTY ATTORNEY NEYPPOVD ASTO FOR
Date: -J
DEPUTY CLERK
BOCC Adoption Packet MD1 Investments, LLC. June 29, 2010 Future Land Use Map Amendment Page S 17 r)
EXHIBIT A
c. 1doo ,;
STATE OF • - •
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST
Govemor
MEMORANDUM
TO: Monroe County
Date: May 4, 2010
THOMAS G. PELHAM
Secretary
Subject: Proposed Comprehensive Plan Amendment Review Objections,
Recommendations and Comments Reports
Enclosed are the Departments Objection, Recommendations and Comments
Reports on the proposed amendments to the comprehensive plan(s) from the following
local government(s):
Monroe County 10-1
These reports are provided for your information and agency files. Following the
adoption of the amendments by the local governments and subsequent compliance review
to be conducted by this agency, we will forward copies of the Notices of Intent published by
each local government plan.
If you have any questions, please contact Mr. Ray Eubanks at Suncom 278-4925 or
(850) 488-4925.
RE/lp
Enclosure
2665 SHUMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399-2100
850-488-8466 (p) ♦ 850-921-0781 (f) ♦ Website: www.dca.stateJI us
• COMMUNITY PLANNING 850.488.2356 (p) 850488-3309 (f)
• HOUSING AND COMMUNITY DEVELOPMENT 850488-7956 (p) 850-922-5623 (f)
FLORIDA1W
STATE OF
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST
Govemor
May 3, 2010
The Honorable Sylvia Murphy
Mayor, Monroe County
102050 Overseas Highway, Suite 234
Key Largo, Florida 33037
Dear Mayor Murphy:
THOMAS G. PELHAM
Secretary
The Department has completed its review of the Monroe County proposed
Comprehensive Plan Amendment (DCA No. 10-1), which was received on March 5, 2010.
Copies of the proposed amendment have been distributed to appropriate state, regional, and local
agencies for their review and their comments are enclosed.
The Department has reviewed the comprehensive plan amendment for consistency with
Rule 9J-5, Florida Administrative Code, Chapter 380, Florida Statutes, and Chapter 163, Part 11,
Florida Statutes, and has prepared the attached Objections, Recommendations, and Comments
Report which outlines our findings concerning the comprehensive plan amendment.
The Department identified an objection to one of the proposed Future Land Use Map
amendments. The objection relates to comprehensive plan internal inconsistencies, 9J-5
inconsistencies, and inconsistencies related to the Florida Keys Principles for Guiding
Development including limiting impacts to, and the protection of, wildlife habitat and threatened
and endangered species.
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-2100
E150-488-8466 (p) ♦ 850-921-0781 (f) ♦ Website: www.dca.state.ff.us
• COMMUNITY PLANNING 850-488-2356 (p) 850-488-3309 (1) • FLORIDA COMMUNITIES TRUST 650-922-2207 (p) 850-921-1747 (()
• HOUSING AND COMMUNITY DEVELOPMENT 850.486-7956 (p) 850-922-5623 (n
The Honorable Sylvia Murphy
May 3, 2010
Page 2
My staff and 1 are available to assist the County in addressing the issues identified in our
report. If you have any questions, please contact Rebecca Jetton, Areas of Critical State Concern
Administrator at (850) 922-1766.
Sincerely,
kn` aot—�
Mike McDaniel, Chief
Office of Comprehensive Planning
MM/sl
Enclosures: Objections, Recommendations and Comments Report
Review Agency Comments
Transmittal Requirements
cc: Mr. Townsley Schwab, Director of Planning and Environmental Resources
Ms. Carolyn A. Dekle Executive Director, South Florida Regional Planning Council
DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
FOR THE MONROE COUNTY
COMPREHENSIVE PLAN AMENDMENT 10-1
May 3, 2010
Division of Community Planning
Areas of Critical State Concern
This report is prepared pursuant to Rule 91-1 1.010, F.A.C.
INTRODUCTION
The following objections, recommendations and comments are based upon the Department's
review of Monroe County's proposed amendment to their comprehensive plan (DCA Number
10-1) pursuant to Section 163.3184, Florida Statutes (F.S.).
Objections relate to specific requirements of relevai
Administrative Code (F.A.C.), and Chapter 163, Part
recommendation of one approach that might be taken
approaches may be more suitable in specific situations.
initially by one of the other external review agencies.
Department's objection and the external agency a
Department's objection would take precedence.
it portions of Chapter 9J-5, Florida
II, F.S. An objection will include a
to address the cited objection. Other
Some objections may have been raised
If there is a difference between the
dvisory objection or comment, the
Each objection must be addressed by the local government and corrected when the amendment
is resubmitted for our compliance review. Objections that are not addressed may result in a
determination that the amendment is not in compliance. The Department may have raised an
objection regarding missing data and analysis items that the local government considers not
applicable to its amendment. If that is the case, a statement justifying its non -applicability
pursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Department will make a
determination of the non -applicability of the requirement, and if the justification is sufficient,
the objection will be considered addressed.
The comments, which follow the objections and recommendations section, are advisory in
nature. Comments will not form the basis of a determination of non-compliance. They are
included to call attention to items raised by our reviewers. The comments can be substantive,
concerning planning principles, methodology or logic, as well as editorial in nature dealing
with grammar, organization, mapping and reader comprehension.
Appended to the back of the Department's report are the comment letters from the other state
review agencies and other agencies, organizations and individuals. These comments are
advisory to the Department and may not form the basis of Departmental objections unless they
appear under the "Objections" heading in this report.
2
OBJECTIONS, RECOMMENDATIONS, AND COMMENTS
PROPOSED COMPREHENSIVE PLAN AMENDMENT 10-1
MONROE COUNTY
CONSISTENCY WITH Ch. 9J-5, F.A.C., Ch. 380.0552 (7). F.S.. and Ch. 163, F.S.
The Department identifies the following objections, recommendations and comments to the
proposed amendment.
Future Land Use Map Amendment
Objection 1: Resolution 062-2010: The subject property is located in an environmentally
sensitive Tier I district characterized by hardwood hammock and is located in the Residential
Low (RI.) future land use district which allows one residential unit per 2 acres. Currently,
residential development in a Tier I district is permitted to clear 20 percent of the remaining
hammock. This site is .62 acres and is not large enough to permit one unit; therefore, no clearing
is currently permitted on the site. This amendment would permit a higher density and thus allow
clearing of hammock vegetation. The County has not demonstrated that the proposed increase in
density and intensity allowed by the proposed Mixed Use/Commercial land use category is
internally consistent with the Comprehensive Plan's Tier I designation which was established to
protect the hammock and habitat for species listed by federal, state, or local governmental
agencies as endangered, threatened or species of special concern.
The proposed amendment is inconsistent with Rule 28-20.110, F.A.C., which directs the Florida
Keys local governments to implement the Florida Keys Carrying Capacity Study to ensure that
new development does not exceed the capacity of the county's environment to accommodate
additional impacts. This study demonstrates that listed species depend on native hardwood
hammock for survival. The proposed amendment has the potential to permit clearing of
hardwood hammock that is suitable habitat for the endangered species in an environmentally
sensitive Tier I district. The request for increased intensity and density within an area containing
habitat suitable for threatened and endangered species is also inconsistent with Rule 9J-
5.013(2)(b)4, F.A.C., which requires the appropriate use and protection of wildlife habitat and
Rule 9J-5.013(2)(c)5, F.A.C., to restrict activities which adversely affect the survival of
endangered and threatened wildlife. The proposed amendment is inconsistent with Rule 9J-
5.012(3)(c)1, F.A.C., that requires plans to limit the specific and cumulative impacts of
development or redevelopment on wildlife habitat. The request to increase residential and
commercial density and intensity is internally inconsistent with Future Land Use Element Goal
105 and :Policies 105.1.5 and 105.1.6 which direct growth to Tier III districts. Amending the
Future Land Use Map for this parcel is inconsistent with Florida Keys Principles for Guiding
Development (c) which is in place to protect upland resources, tropical biological communities,
and native tropical vegetation.
3
[Sections 163.3177(1), (2), (4)(a), (6)(a), (d), (8), (10)(a) and (e); and Sections 163.3178 (2)(b),
F.S; Rules 9J-5.005(2), (5)a and b; 9J-5.006(3)(b)4, (3)(c)2 and 6; 9J-5.012(2)(b), (3)(b)l,
(3)(c)1 and 2; 9J-5.013(1), (1)(a)5, (2)(b)3 and 4, (2)(c)3, 5, and 6; and 9J-5.015 (2)(d), F.A.C.]
Recommendation: Monroe County should maintain the land use designation as Residential
Low or create a site -specific policy to limit commercial development to an amount that
ensures the protection of the hardwood hammock, prohibits the clearing of native hardwood
hammock on the site, and prohibits the development of residential dwelling units and
transient units. The site specific amount of commercial development to be allowed must be
based on professionally accepted and applied data and analysis demonstrating environmental
suitability with the hardwood hammock on the site.
CONSISTENCY WITH THE PRINCIPLES FOR GUIDING DEVELOPMENT
The water supply plan and Resolution 003-2009 are not consistent with the following Principles
for Guiding Development, Section 380.0552(7), Florida Statutes:
Principle (a) To strengthen local government capabilities for managing land use and
development so that local government is able to achieve these objectives without the
continuation of the area of critical state concern designation.
Principle (b) To protect shoreline and marine resources, including mangroves, coral reef
formations, sea grass beds, wetlands, fish and wildlife, and their habitat.
Principle (c) To protect upland resources, tropical biological communities, freshwater
wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands), dune
ridges and beaches, wildlife, and their habitat.
Principle (h) To protect the value, efficiency, cost-effectiveness, and amortized life of
existing and proposed major public investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection and disposal facilities;
3. Solid waste collection and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly owned
properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate.
These Principles for Guiding Development inconsistencies can be resolved by addressing the
objection stated above.
4
CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN
The Resolution 062-2010 is not consistent with the State Comprehensive Plan, Chapter 187,
Florida Statutes, including the following goals and policies:
Goal (8) Coastal and Marine Resources, Policies (b) 4, 5, 6: Protect coastal resources, marine
resources, and dune systems from the adverse effects of development. Develop and
implement a comprehensive system of coordinated planning, management, and land
acquisition to ensure the integrity and continued attractive image of coastal areas. Encourage
land and water uses which are compatible with the protection of sensitive coastal resources.
Goal (9) Natural Systems and Recreational Lands, Policies (b) 1, 3, 4, 10: Ensuring the
protection of natural resources. Prohibit the destruction of endangered species and protect
their habitats. Establish an integrated regulatory program to assure the survival of
endangered and threatened species within the state. Emphasize the acquisition and
maintenance of ecologically intact systems in all land and water planning, management, and
regulation.
Goal (15) Land Use, Policies (b) 1, 2: Promote state programs, investments, and development
and redevelopment activities which encourage efficient development and occur in areas
which will have the capacity to service new population and commerce. Develop a system of
incentives and disincentives which encourages a separation of urban and rural land uses
while protecting water supplies, resource development, and fish and wildlife habitats.
Goal (25) Plan Implementation, Policies (b) 7: Ensure the development of strategic regional
policy plans and local plans that implement and accurately reflect state goals and policies and
that address problems, issues, and conditions that are of particular concern in a region.
These State Comprehensive Plan issues can be resolved by addressing the objection stated above.
South
Flor'ia
Regional
Planning
Council
MEMORANDUM
DATE: APRIL 5, 2010
TO: COUNCIL MEMBERS
FROM: STAFF
�J
AGENDA ITEM #6b
SUBJECT: MONROE COUNTY PROPOSED COMPREHENSIVE PLAN AMENDMENT
DCA #10-1
CommunityProfile
rofile
Monroe County, incorporated in 1824, is the southernmost county in the State of Florida. The County
consists of a mainland portion (782 square miles) bordered by Collier County to the north and Miami -
Dade County to the east, and an archipelago, known as the Florida Keys, extending from northeast to
southwest for 120 miles (102 square miles), and separating the Gulf of Mexico from the Atlantic Ocean.
The mainland portion is occupied by Everglades National Park and Big Cypress National Preserve and is
virtually uninhabited. Monroe County's permanent resident population has declined in recent years,
falling from 79,589 in 2000 to 76,801 in 2008, but rose in 2009 to 77,925. A similar pattern has been
observed in the resident population of the unincorporated portion of the county, which was estimated at
36,268 in 2009. The seasonal population in the Florida Keys is significant. The economy of Monroe
County is based on tourism, fishing, retirees, and the military.
The majority of Monroe County is environmentally sensitive, comprised of mangrove wetlands, tropical
hardwood hammocks, and rare and endangered species habitats, with world-renowned coral reefs
offshore. With one main highway serving the entire population, traffic is a concern, particularly during
hurricane evacuations. Lack of adequate infrastructure for stormwater and wastewater magnifies the
effects of potential population growth on nearshore coastal waters. The desirability of the County as a
place to live and the limited amount of allowable development have made land costs expensive, which
can impact affordable housing supplies. With infrastructure and the environment showing signs of stress
and thousands of undeveloped platted lots, the Florida Keys has been designated an Area of Critical State
Concern, under Chapter 380.05, Florida Statutes. A general location of the County is shown in
Attachment 1.
Amendment Review
The South Florida Regional Planning Council (SFRPC) review of proposed Comprehensive Plan
amendments for consistency with the Strategic Regional Policy Plan for South Florida (SRPP) primarily
addresses effects on regional resources or facilities identified in the SRPP and extra jurisdictional impacts
that would be inconsistent with the Comprehensive Plan of the affected local government (§163.3184(5),
Fla. Stat.). The Council's review of amendments is conducted in two stages: (1) proposed or transmittal
and (2) adoption. Council staff reviews the contents of the amendment package once the Department of
Community Affairs certifies its completeness.
3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021
Broward County (954) 985-4416; elsewhere in Florida (800) 985-4416
Fax (9.54) 985-4417, e-mail: sfadmint'la sfrpc.com, website: www.sfrpc.com
r
Objections and Comments relate to specific inconsistencies with relevant portions of the SRPP, which was
adopted pursuant to Rule 29J-2.009, Fla. Administrative Code. Council staff will work with local
governments to address Objections and Comments identified during the review of a proposed
amendment between the transmittal and the adoption of the amendment.
The SFRPC did not prepare the amendment package and, therefore, is not precluded from commenting
on the proposed Plan or Element pursuant to Section 163.3184(5), Florida Statutes (F.S.), or Rule 9J-
11.0084, Florida Administrative Code (F.A.C.); or commenting on the proposed amendment pursuant to
Section 163.32465(4)(b), F.S.
The Florida Department of Community Affairs (DCA) notified SFRPC that the amendment package was
complete on: March 5, 2010.
The amendment review must be transmitted to DCA on: April 3, 2010.
The staff report was transmitted to DCA on: March 26, 2010, and the Board report will be transmitted on
April 5, 2010.
Staff Analysis
Proposed amendment package #10-1 includes two amendments to the Future Land Use Map (FLUM).
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Monroe County owned
FLUM Amendments that would
Generally
conservation lands
change 227 parcels throughout the
N/A
Consistent with
5-0
Resolution #061-2010
Florida Keys from various FLUM
the SRPP
designations to Conservation (C).
MDJ Investments,
FLUM Amendment (0.62-acre
Generally
y
LLC, Key Largo
From: Residential Low
2
Consistent with
5-0
Resolution #062-2010
To: Mixed Use Commercial MC
the SRPP
tx)cc = Monroe county tioard of county Commissioners FLUM = Future Land Use Map
Monroe County owned Conservation Lands Map Amendments (Resolution #061-2010)
This amendment proposes to change the Future Land Use Map (FLUM) for 127 County -owned vacant
parcels from various land uses [Mixed Use/Commercial (MC), Residential Conservation(RC), Residential
High (RH), Residential Low (RL), and Residential Medium (RM)] to Conservation (C). These parcels are
located in the Tier I overlay (environmentally sensitive lands) and total 28.87 acres in size. The 127
parcels of land are scattered throughout the following Keys: Big Pine, Cudjoe, Key Largo, Sugarloaf, and
Summerland.
This amendment would fulfill a Goal of a $3.5 million grant from the Florida Communities Trust received
by the County in 1994. The grant requires that all lands purchased be re -designated as Conservation (C)
and to be used as such or for resource -based recreation purposes only.
The Monroe County Board of County Commissioners voted 5-0 to approve the proposed map
amendments on February 22, 2010.
MDJ Investments LLC, Key Largo Map Amendment (Resolution #062-2010)
This amendment proposes to change the Future Land Use Map (FLUM) from Residential Low (RL) to
Mixed Use/Commercial (MC) for a 0.62-acre parcel located at 99101 Overseas Highway, Key Largo.
Attachment 2 presents an aerial photograph of the amendment site, which is located close to Mile Marker
99 on the ocean side, but adjacent to the Overseas Highway.
The existing use of the parcel is an office building, approximately 2,968 square feet in size. The
surrounding parcels to the east and southeast contain federal, county, and privately owned lands; a
Volunteer Fire Department to the north; the Key Largo Baptist Church to the south; and parcels in the
U.S. 1 median contain commercial retail and some privately owned land. The Northstar Resort owns land
across from the subject property on the gulf side.
County staff states the proposed amendment would retain the community character and quality of life in
the area. In addition, the building on the site has been operating since 1958 and the map amendment is
intended to correct data errors and consistency issues with the rezoning of the parcel from Residential
(RU-1) to Business (BU-1) back in 1976.
The Monroe County Board of County Commissioners voted 5-0 to approve the proposed map
amendments on February 22, 2010.
Impact Analysis
Staff analysis confirms the Monroe County proposed amendment package #10-1 would not result in
compatibility, extra -jurisdictional, or affordable housing issues; or impact significant regional resources
and facilities, natural resources, transportation systems, emergency preparedness plan and local
mitigation strategies.
Since a detailed impact analysis is not applicable to the review of the proposed amendment, the related
analysis sections found in the Department of Community Affairs (DCA) Amendment Review Form C-7
(Sections 9 through 18) have not been included in this staff report.
Recommendation of Consistency with Strategic Regional Policy Plan (SRPP)
Find the Monroe County Year 2010 Comprehensive Plan proposed amendment package #10-1 to be
generally consistent with the Strategic Regional Policy Plan for South Florida. Approve this staff
report for transmittal to the Florida Department of Community Affairs.
i. i
Attachment 1
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COMPREHENSIVE PLAN AMENDMENTS
General Location Map
Monroe County
Proposed Amendment#10-1
Sources: FDEP,SFWMD,Monroe County,SFRPC.
Note: For planning purposes ord.. . All distances are ap roximate. .
_ Attachment 2
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CONIPREI IENSIVE PLAN AMENDMENTS
Aerial Map
Monroe County Proposed Amendment#10-1
Resolution #062-2010
MDJ Investments, LLC(Mile Marker 99)
From: Residential Low(RL)
To: Mixed Use/ Commercial(MC)
(0.62 acre)
Sources: FDEP,SFWMD,Monroe County,SFRPC.
Note: For planning purposes only. All distances are approximate.
to"Scott. W Ray' To "Ray Eubanks" <ray.eubanks@dca.state.fl.us>
<scottra@doacs.state.fl.us> cc
04/012010 02:47 PM bcc
Subject FDACS LGCP Amendment Review
Mr. Eubanks: 42Am
FDACS has reviewed the following LGCP amendments and has no objections, recommendations, or
comments:
Polk County 10-1
Suwannee County 10PEFE-1
Nassau County 10-1
Monroe County 104
Please call if you have any questions or comments:
W. Ray Scott
Conservation S Water Policy Federal Programs Coordinator
Office of Agricultural Water Policy
Florida Department of Agriculture and Consumer Services
The Capitol (PL-10)
Tallahassee, FL 32399-0810
(office) 850-410-6714
(mobile) 850-544-9871
(fax) 850-•922-4938
Bob Cambric
• <bcambdc@sfrpc.00m>
04/0602010 05:29 PM
Mike:
To "Mike. McDaniel@dca.stete.fl.us"
<Mike. McDaniel@dca.stste.fl. us>
cc "Ray.Eubanks@dca.state.fl.us"
<Ray.Eubanks@dca.state.fl.us>, Bill Pablo
bcc <Bill.Pable@dca.state.fl.us>, Rachel Kalin
Subject Monroe County 10-1
As noted in the attached letter, the SFRPC Board considered the proposed amendment to the
Monroe County Comprehensive Plan at its 05 April 2010 meeting. The Board found the
amendment generally consistent with the Strategic Regional Policy Plan for South Florida. The
staff report for the amendment was submitted to DCA on 26 March 2010. The attached report,
which was not amended by the Board, should be considered the official version.
Please contact Rachel Kalin of Council staff if you have any questions.
Bob Cambrk
Special Projects Manager
South Florida Regional Planning Council
3440 Hollywood Boulevard, Suite 140
Hollywood, Florida 33021
954.985.4416 - Voice
954.985.4417 - Facsimile
bcambri(,@sfrpc.com
The South Florida Regional Planning Council is a public entity subject to Chapter 119, Florida Statutes,
concerning public records. All correspondence, including email messages, sent and received are
considered public records and are subject to disclosure.
J
Monoe CCKx* 141 Aker Meeting Leper. pd AgxdaAp 1 G 6b pd
South
Florida
Regional
Planning
Coundl
Apra 9, 2010
The Honorable George Neugent
Mayor
Monroe Coumty
23 Ships Way
Big Phne Key, F . MW
Dear Mayor Neugent
At ifs April. 5, 2010 meedng, the Council considered proposed Local Govenwnent Comprehensive Plan
amendment if10-1 for the Monroe County. Council action, pursuant to Chapter 163, Part R Florida
Staduias, found the amendrnad to be generally consistent with the Sirstegic Region d Policy Plan for South
Ron& The Council, by the same motim approved the bwm mttal of the enclosed agenda item to the
Florida. Departanent of Community Affairs.
Please call if you have any questions.
Sincerely.
(!dAij
Caro A.
Executive Director
CAD/tnb
Enclosure
cc: Cluistine Harley
3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021
Broward (954) 985-4416, State (800) 985-4416
FAX (954) 985-4417, email: sfadminesfrpc-com, website: www.sfrpc.com
South
*
Florida
•,�
Regional
Planning
Council
MEMORANDUM
AGENDA ITEM #6b
DATE:
APRIL 5, 2010
Tot
COUNCIL MEMBERS
FROM:
STAFF
SUBJECT:
MONROE COUNTY PROPOSED COMPREHENSIVE PLAN AMENDMENT
DCA #10-1
Community Profile
Monroe County, incorporated in 1824, is the southernmost county in the State of Florida. The County
consists of a mainland portion (782 square miles) bordered by Collier County to the north and Miami -
Dade County to the east; and an archipelago, known as the Florida Keys, extending from northeast to
southwest for 120 miles (102 square miles), and separating the Gulf of Mexico from the Atlantic Ocean.
The mainland portion is occupied by Everglades National Park and Big Cypress National Preserve and is
virtually uninhabited. Monroe County's permanent resident population has declined in recent years,
falling from 79,589 in 2000 to 76,801 in 2008, but rose in 2009 to 77,925. A similar pattern has been
observed in the resident population of the unincorporated portion of the county, which was estimated at
36,268 in 2009. The seasonal population in the Florida Keys is significant. The economy of Monroe
Count, is based on tourism, fishing, retirees, and the military.
The majority of Monroe County is environmentally sensitive, comprised of mangrove wetlands, tropical
hardwood hammocks, and rare and endangered species habitats, with world-renowned coral reefs
offshore. With one main highway serving the entire population, traffic is a concern, particularly during
hurricane evacuation& Lack of adequate infrastructure for stormwater and wastewater magnifies the
effects of potential population growth on nearshore coastal waters. The desirability of the County as a
place to live and the limited amount of allowable development have made land costs expensive, which
can impact affordable housing supplies. With infrastructure and the environment showing signs of stress
and thousands of undeveloped platted lots, the Florida Keys has been designated an Area of Critical State
Concern, under Chapter 380.05, Florida Statutes. A general location of the County is shown in
Attachment 1.
Amendment Review
The South Florida Regional Planning Council (SFRPC) review of proposed Comprehensive Plan
amendments for consistency with the Strategic Regional Policy Plan for South Florida (SRPP) primarily
addresses effects on regional resources or facilities identified in the SRPP and extra jurisdictional impacts
that would be inconsistent with the Comprehensive Plan of the affected local government (§163.3184(5),
Fla. Scat.). The Council's review of amendments is conducted in two stages (1) proposed or transmittal
and (2) adoption Council staff reviews the contents of the amendment package once the Department of
Community Affairs certifies its completeness
3440 Hollywood Boulevard, Suits 140, Hollywood, Florida 33021
Broward County (954) 985-4418; elsewhere in Florida (800) 985-4416
Fax (954) 985-4417, e-mail: sfadmin0sfrac.com, website: www.sfroc.com
Objections and Comments relate to specific inconsistencies with relevant portions of the SRPP, which was
adopted pursuant to Rule 29J-2009, Fla. Administrative Code. Council staff will work with local
governments to address Objections and Comments identified during the review of a proposed
amendment between the transmittal and the adoption of the amendment.
The SFRPC did not prepare the amendment package and, therefore, is not precluded from commenting
on the proposed Plan or Element pursuant to Section 163.3184(5), Florida Statutes (F.S.), or Rule 9J-
11.0084, Florida Administrative Code (F.A.C.); or commenting on the proposed amendment pursuant to
Section 163.32465(4)(b), F.S.
The Florida Department of Community Affairs (DCA) notified SFRPC that the amendment package was
complete on: March 5, 2010.
The amendment review must be transmitted to DCA on: April 3, 2010.
The staff report was transmitted to DCA on: March 26, 2010; and the Board report will be transmitted on
Aprd!5, 2010.
Staff Analysis
Proposed amendment package #10-1 includes two amendments to the Future Land Use Map (FLUM).
SUMMARY
OF PROPOSED MAP AND TEXT AMENDMENTS
Amendment
Description
Staff
BOCC
went
Recommendation
Vote
Monroe County owned
FLUM Amendments that would
Generally
conservation lands
change 127 parcels throughout the
N/A
Consistent with
5-0
Resolution #061-ZO10
Florida Keys from various FLUM
the SRPP
designations to Conservation
MDJ investments,
FLUM Amendment (0.62-acre
Generally
LLC, Key largo
)gel)
From: Residential Low
2
Consistent with
5-0
Resolution #062-2010
To: Mixed Use Commercial
the SRPP
DUCC Monroe county Board of County Commissioners FLUM - Future Land Use Map
Monroe County owned Conservation Lands Map Amendments (Resolution #061-2010)
This amendment proposes to change the Future Land Use Map (PLUM) for 127 County -owned vacant
parcels from various land uses [Mixed Use/Commercial (MC), Residential Conservation(RC), Residential
High (RH), Residential Low (RL), and Residential Medium (RM)J to Conservation (C). These parcels are
located in the Tier I overlay (environmentally sensitive lands) and total 28.87 acres in size. The 127
parcels of land are scattered throughout the following Keys: Big Pine, Cudjoe, Key Largo, Sugarloaf, and
Summerland.
This amendment would fulfill a Goal of a $3.5 million grant from the Florida Communities Trust received
by the County in 1994. The grant requires that all lands purchased be re -designated as Conservation (C)
and to be used as such or for resource -based recreation purposes only.
The Monroe County Board of County Commissioners voted 5-0 to approve the proposed map
amendments on February 22, 2010.
MDJ :Investments LLC, Key Largo Map Amendment (Resolution #062-2010)
This amendment proposes to change the Future Land Use Map (FLUM) from Residential Low (RL) to
Mixed Use/Commercial (MC) for a 0.62-acre parcel located at 99101 Overseas Highway, Key Largo.
Attachment 2 presents an aerial photograph of the amendment site, which is located close to Mile Marker
99 on the ocean side, but adjacent to the Overseas Highway.
The existing use of the parcel is an office building, approximately 2,968 square feet in size. The
surrounding parcels to the east and southeast contain federal, county, and privately owned lands; a
Volunteer Fire Department to the north; the Key Largo Baptist Church to the south; and parcels in the
U.S. 1 median contain commercial retail and some privately owned land. The Northstar Resort owns land
across; from the subject property on the gulf side.
County staff states the proposed amendment would retain the community character and quality of life in
the area. In addition, the building on the site has been operating since 1958 and the map amendment is
intended to correct data errors and consistency issues with the rezoning of the parcel from Residential
(RU-1;) to Business (BU-1) back in 1976.
The Monroe County Board of County Commissioners voted 5-0 to approve the proposed map
amendments on February 22, 2010.
Impact Analysis
Staff analysis confirms the Monroe County proposed amendment package #10-1 would not result in
compatibility, extra -jurisdictional, or affordable housing issues; or impact significant regional resources
and facilities, natural resources, transportation systems, emergency preparedness plan and local
mitigation strategies.
Since a detailed impact analysis is not applicable to the review of the proposed amendment, the related
analysis sections found in the Department of Community Affairs (DCA) Amendment Review Form C-7
(Sections 9 through 18) have not been included in this staff report
Recommendation of Consistency with Strategic Regional Policy Plan (SRPP)
Find the Monroe County Year 2010 Comprehensive Plan proposed amendment package #10-1 to be
generally consistent with the Strategic Regional Policy Plan for South Florida. Approve this staff
report for transmittal to the Florida Department of Community Affairs.
Attachment 1
rs comer
c y
wivue
• ' itilan a
� :rykn
s, bt5O
AW
S 45 9 1B i7 v;
COMPREHENSIVE PLAN AMENDMENTS
General Location Map
Monroe County
Proposed Amendment #10-1
Sources: FDEP,SFWMD, Monroe County, SFRPC.
NOW For planning purposes only. All distances are
"Card. Carlton' To "Ray.Eubanks@dca.state.fl.us"
a.x <Cariton.Card@dotstate.N. <Ray.Eubanks@dca.state.fl.us>,
use "Sill. Pable@dca.state.fl. us" <Bill. Pable@dca.state.fl. us>
04ArMO10 04.47 PMcc
bcc
Subject Monroe County Comprehensive Plan Amendment 10-01
Hello Ray,
Below you will find the Florida Department of Transportation District VI comments to the Monroe
County Comprehensive Plan Amendment 10-01:
41 In accordance with your request, and the provisions of Chapter 163, Florida Statutes and
Chapter 9J-5, Florida Administrative Code, this office has completed a review of the Monroe
County Comprehensive Plan Amendment 10-01, which was forwarded to our office on March 5,
2010. There are no impacts anticipated to the State Highway System facilities resulting from this
amendment. Therefore, the District has no specific objections or recommendations at this time.
Please contact Carlton Card at 305-470-5875, if you have any questions concerning our
response.
Carlton S. Card
Transportation Planner
Florida Department of Transportation District VI
1000 NW 111th Ave
Miami, FL 33172
(305) 470-5875
FLORIDA DEPARTMENT OF STATE
Kurt S. Browning
Secretary of State
DIVISION OF HISTORICAL RESOURCES
March 2 6, 2010
Mr. Ray Eubanks
Department of Community Affairs�"�`�
Bureau of State Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: Historic Preservation Review of the Monroe County 10-1 Comprehensive Plan
Amendment
Dear Mr. Eubanks:
According to this agency's responsibilities under Section 163, Florida Statutes, and Chapter 9J-5,
Florida Administrative Code, we reviewed the above document to determine if data regarding
historic resources were given sufficient consideration in the request to amend the Monroe
County Comprehensive Plan.
We reviewed two proposed amendments to the Future Land Use Map to consider the potential
effects of these actions on historic resources. One of the amendments changes 127 parcels from
various .PLUM categories to Conservation. This should help to protect and preserve any
archaeological sites or historic properties which may be present. The second amendment is a
change to reflect existing conditions. Our cursory review suggests that the proposed changes
should have no adverse effects on historic resources.
If you have any questions regarding our comments, please feel free to contact Susan M. Harp
of the Division's Compliance Review staff at 850.245.6333.
Sincerely,
Laura A. Kammerer, Historic Preservationist Supervisor
Compliance Review Section
Bureau of Historic Preservation
xc: Mr. Bob Dennis
5C* S. Broomth Street • Tallahassee, FL 323"-0250 . http://www.tiheritage.com
O Director's office O Archaeological Research Historic Preservation
85D.245.6300 • FAX: 245.6436 850.245.6444 • FAX: 245.6452 850.245.6333 • FAX: 245.6437
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
A
March 115, 2010
Mr. Ray Eubanks, Administrator
EMAR 12010
Plan Review and Processing
Department of Community Affairs plan $ 01 `sue
WJ
2555 Shumard Oaks Boulevard n,
Tallahassee, FL 32399-2100
Dear Mr. Eubanks:
Subject: Monroe County, DCA #10-1
Comments on Proposed Comprehensive Plan Amendment Package
The South Florida Water Management District (District) has completed its review of the
proposed amendments from Monroe County (County). The amendment package
consists of changes to the Future Land Use Map of the County's Comprehensive Plan
to designate 127 County -owned parcels of land as Conservation lands, and one Future
Land Use Map amendment to correct a land use designation on privately owned
property. There appear to be no significant water resource related impacts. Therefore,
we forward no recommendations for inclusion in your review comments to the County.
We look forward to collaborating with the County and the Department of Community
Affairs to protect the water resources of the region. For assistance or additional
information, please contact Terry Manning at (561) 682-6779 or tmanning(92_)sfwmd.c�ov.
Sincerely,
liq/z/-��
Rod Braun
Director
Intergovernmental Policy and Planning Division
c: Bob Dennis, DCA
Christine Hurley, Monroe County
Rebecca Jetton, DCA
Rachel Kalin, SFRPC
Terry Manning, SFWMD
3301 Gun Club Road, West Palm Beach, Florida 33406 - (561) 6%-8800 - FL WATS 1-800-432-2045
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 - wwwsfwmd.gov
Exhibit B to Ordinance# -2010
The Monroe County Future Land Use Map is amended
as indicated above.
N
Proposal: Future Land Use change for RE 00440100-000000 from Residential Low (RL) to
Mixed Use/Commerical (MC)
KEY LARGO MIXED USE AREA 11
Exhibit C
3.0 Goals, Objectives and Policies
3.1 Future Land Use
GOAL 101
Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County
residents and visitors, and protect valuable natural resources. [9J-5.006(3)a]
Objective 101.1
Monroe County shall ensure that at the time a development permit is issued, adequate public
facilities are available to serve the development at the adopted level of service standards
concurrent with the impacts of such development. [W-5.006(3)(b)1]
Policy 101.1.1
Monroe County shall adopt level of service (LOS) standards for the following public facility
types required by Chapter 9J-5, F.A.C: roads, sanitary sewer, solid waste, drainage,
potable water, parks and recreation, and paratransit. The LOS standards are established
in the following sections of the Comprehensive Plan:
The LOS for roads is established in Traffic and Circulation Policy 301.1.1;
2. The LOS for potable water is established in Potable Water Policy 701.1.1;
3. The LOS for solid waste is established in Solid Waste Policy 801.1.1;
4. The LOS for sanitary sewer is established in Sanitary Sewer Policy 901.1.1;
5. The LOS for drainage is established in Drainage Policy 1001.1.1; and
6. The LOS for parks and recreation is established in Recreation and Open Space
Policy 1201.1.1. [5.006(3Xc)3]
Policy 101.1.2
By January 4, 1997, Monroe County shall adopt Land Development Regulations
which provide a Concurrency Management System (See Capital Improvements
Policy 1401.4.5). The Concurrency Management System shall ensure that no permits
will be issued for new development unless adequate public facilities needed to support the
development at the adopted LOS standards are available concurrent with the impacts of
development. [9J-5.006(3Xc)3]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-1
Objective 101.2
Monroe County shall reduce hurricane evacuation clearance times to 24 hours by the year 2010.
Policy 101.2.1
Monroe County shall establish a Permit Allocation System for new residential
development. The Permit Allocation System shall limit the number of permits
issued for new residential development. THIS POLICY IS SUPERSEDED BY
POLICY 101.2.13 FOR AN INTERIM PERIOD OF TIME.
Policy 101.2.2
Applicants shall be required to obtain letters of coordination confirming the availability of
potable water and electricity, and applicable permits from HRS prior to submitting a
building permit application for new residential development to the Monroe County Growth
Management Division through the Permit Allocation System. Applicants shall be required
to obtain all other applicable agency permits prior to the issuance of a County permit.
Policy 101.2.3
The Permit Allocation System for new residential (ROGO) development shall
specify procedures for:
annual adjustment of the number of permits for new residential units to be issued
during the next year based upon, but not limited to the following:
a. expired allocations and building permits in previous year;
b. allocations available, but not allocated in previous year,
C. number of allocations borrowed from future quarters;
d. vested allocations;
e. modifications required or provided by this plan or agreement pursuant to
Chapter 380, Florida Statutes; and
receipt or transfer of affordable housing allocations by intergovernmental
agreement.
2. allocation of affordable and market rate housing units in accordance with Policy
101.2.4; and
3. timing of the acceptance of applications, evaluation of applications, and issuance
of permits for new residential development during the calendar year.
Policy 101.2.4
Monroe County shall allocate at least 20 percent of residential (non -transient) growth to
affordable housing units as part of the Permit Allocation System. Any portion of the 20
percent allocation not used for affordable housing shall be retained and be made available
for affordable housing from ROGO year to ROGO year. Affordable housing eligible for this
separate allocation shall meet the criteria specked in Policy 601.1.7, but shall not be
subject to the competitive Residential Permit Allocation and Point System in Policy
101.5.4. The parcel proposed for affordable housing shall not be located within an area
designated as Tier I as set forth under Goal 105 or within a Tier III Special Protection Area
as set forth in Policy 205.1.1.
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-2
Policy 101.2.5
Monroe County recognizes the discrepancy of units between the Countys proposed
allocation to the Cities and the Cities' vested development assumptions. By January 4,
1997, the County shall initiate an interiocal agreement with the Cities to resolve the
discrepancy within three (3) years.
Policy 101.2.6
Monroe County shall prohibit new transient residential units including hotel or motel rooms,
campground spaces, or spaces for parking a recreational vehicle or travel trailer until July
31, 2010.
Policy 101.2.7
Monroe County shall have coordinated with the Florida Department of Transportation
(FDOT) to ensure that improvements needed to expand the 18-mile stretch of US 1 are
placed in FDOTs adopted five-year work program by 1998.
Policy 101.2.8
By January 4, 2000, Monroe County shall have coordinated with FDOT to identify funding
and include the improvements needed to expand the segment of US 1 between mile
markers 80 and 90 in the FDOT adopted five-year work program to have construction
completed by 2010.
Policy 101.2.9
Monroe County will coordinate with the Florida Department of Community Affairs' Division
of Emergency Management and the County's Director of Emergency Management to
have Card Sound Road designated as an alternative hurricane evacuation route by the
time the improvements to Card Sound Road are completed in 1998. Monroe County shall
divert 40% of evacuating traffic to Card Sound road upon completion of planned roadway
improvements by 1998.
Policy 101.2.10
Monroe County shall initiate a program to limit the number of vehicles on the roads during
a hurricane evacuation. This program shall include educating the public regarding the
need to use some type of mass transit to reduce the number of vehicles used for hurricane
evacuation and the need to severely reduce the number of individual vehicles used for
evacuation while emphasizing the need to evacuate when an evacuation order is issued.
In addition, the County will study the feasibility of vehicle registration for use in evacuating
and any other feasible alternatives.
Policy 101.2.11
By July 17, 2001, the County shall prepare an Evaluation and Appraisal Report (EAR) of
this plan. As part of the EAR process, in coordination with the South Florida Regional
Planning Council, Key West, Layton and Key Colony Beach, the County will evaluate the
effectiveness of its programs in ensuring:
1. that residents and visitors will evacuate when an evacuation order is issued;
2. that the number of evacuating vehicles will be lower than currently projected in the
Southeast Florida Hurricane Evacuation Study; and
3. the accuracy of the visitor population figures.
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-3
The Southeast Florida Hurricane Evacuation Study transportation models will be updated
based on these factors and the total growth allocations, including allocations to the sub-
areas of the county and to the municipal jurisdictions.
Policy 101.2.12
The County will reconsider its capital improvements based upon the need for additional or
different capital improvements identified as a result of the new hurricane evacuation
transportation model.
Policy 101.2.13
Monroe County shall establish an interim Permit Allocation System for new residential
development. The interim Permit Allocation System shall supersede Policy 101.2.1 and
remain in place until such time as Monroe County determines its future growth capacity
based on hurricane evacuation, public safety and environmental needs including water
quality and habitat protection, and amends its plan consistent with such determination,
based on the results of the work program as set forth below. DEP, HRS, DCA and Monroe
County shall develop a coordinated permit review process that will insure that no state
agency shall issue a wastewater disposal permit that would allow development in excess
of the number of permits that Monroe County may issue under this interim policy.
Similarly, Monroe County shall not issue development permits under this interim policy in
excess of wastewater disposal permits that DEP or DOH may issue. For years 3 and 4 of
the work program the interim Permit Allocation System shall allow a minimum of 88 new
residential permits per year which may be used to address the backlog of ROGO
allocations.
Additional new residential permits will be allowed but limited to the number of nutrient
reduction credits earned within the same unincorporated ROGO area. Nutrient reduction
credits shall be earned consistent with Table 1 below. The nutrient reduction credits
earned by the construction of Little Venice system shall be eamed according to the
following schedule:
213 of the total credits estimated to be available from the full operation of the
system shall be eamed when the wastewater construction permit for the system is
issued by DEP, the design/build contract for the system has been fully executed,
and construction of the system has commenced. Of these credits, 52 shall be
made available to Monroe County for affordable housing, and 67 for proposed
affordable housing in the City of Marathon. Any credits not used for affordable
housing shall be available for future allocation pursuant to paragraph 2 below. In
addition, 52 of these credits shall be made available to the City of Marathon.
2. All remaining available credits shall be earned when the construction of the
system is 100 percent complete, the collection system lines have been installed,
and when the final total of credits available from operation of the system has been
calculated.
Nutrient reduction credits that are earned from the construction of a central sewer system,
in which state or federal funds are used, shall be allocated as follows:
The local govemment shall receive a pro rata share of the eamed nutrient
reduction credits in proportion to the amount of funds it contributed from its
jurisdiction to the total construction costs; and
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-4
2. The remaining earned nutrient reduction credits shall be allocated between
Monroe County, the City of Marathon, and the Islamorada, Village of Islands in
proportion to the annual ROGO allocation of each to the total annual ROGO
allocation for these local governments.
Nutrient reduction credits earned using funds provided by the State and matched by the
County in fiscal years 1997-98 and 1998-99 will be used to offset the nutrient impacts of
the 88 new residential permits per year, but may not be used for additional new residential
permits until such time as these funds generate more than 88 nutrient reduction credits for
Years 3 and 4. For Year 5, the interim Permit Allocation System shall allow a minimum of
77 new residential permits. If fewer than 77 nutrient reduction credits are earned in Year 5,
the deficit shall be made up in Year 6 prior to issuance of any new permits. For Year 6 and
beyond, the interim permit allocation system shall limit the number of permits issued for
new residential development to the number of nutrient reduction credits earned within the
same unincorporated ROGO area, except as otherwise authorized herein. For all years
the number of permits issued for new residential development under the Rate of Growth
Ordinance shall not exceed a total unit cap of 158 new residential units per year.
This allocation represents the total number of new permits for development that may be
issued during a ROGO year. No exemptions or increases in the number of new permits,
other than that which may be expressly provided for in the comprehensive plan or for
which there is an existing agreement for affordable housing between the Department and
the local government in the critical areas, may be allowed.
Monroe County shall develop a tracking system for monitoring the nutrient reduction
credits earned. The tracking system shall commence upon effective date of this rule and
the number nutrient reduction credits earned shall be cumulative and may be applied to
future years of the interim Permit Allocation System.
Table 3.1-1
Nutrient Reduction Credits
Treatment System Upgraded To
On -site Treatment
Centralized Systems
Treatment System
OWNR or
Secondary
Best Available
Advanced
Upgraded From
Equivalent On -site
Treatment
Treatment (BAT)
Wastewater
Treatment and
Treatment (AWT)
Disposal System
Cess it
1 EDU credit
1 EDU credit
1.0 EDU credit
1.5 EDU credit
SubStandard
0.5
0.5
1.0
1.5
OSTDS
Approved OSTDS
0.5
0
1
1.5
Secondary
WA
N/A
1
1.5
Treatment
Additionally, the unit cap for new residential development shall be linked to the
following work program which identifies actions necessary to correct existing
wastewater and stormwater problems, as well as actions necessary to determine
appropriate future growth. Beginning September 30, 2003 and each year of the
work program thereafter, Monroe County and the Department of Community
Affairs shall report to the Administration Commission documenting the degree to
which the work program objectives for that year have been achieved. The
Commission shall consider the findings and recommendations provided in those
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-5
reports and shall determine whether substantial progress has been achieved
toward accomplishing the tasks of the work program. If the Commission
determines that substantial progress has not been made, the unit cap for new
residential development shall be reduced by at least 20 percent for the following
year. If the Commission determines that substantial progress has been made,
then the Commission shall increase the unit cap for new residential development
for the following year up to a maximum of 158 units. Other agencies identified in
the work program, or any interested persons may likewise report and make
recommendations for consideration by the Commission.
Notwithstanding any other date set forth in this plan, the dates set forth in the
work program shall control where conflicts exist. For each task in the work
program, the Department of Community Affairs shall request of all relevant and
appropriate federal, state, regional, and local agencies that they contribute any
relevant data, analysis and recommendations, and that they take an active role in
assisting the county in completing the task. Each such agency shall prepare, in
coordination with the county, a section to be included in Monroe County's reports
which indicates the agency's actions relative to the work plan. The Department
of Community Affairs shall specifically request that the Florida Keys National
Marine Sanctuary Water Quality Protection Program Steering Committee (Water
Quality Steering Committee) take an active role in coordinating with Monroe
County, and relevant state and federal agencies, in the implementation of the
tasks related to water quality, wastewater and stormwater facilities and in the
development and implementation of the carrying capacity study. The Steering
Committee will provide technical assistance and substantive comments and
recommendations to ensure that the county's wastewater and stormwater master
plans and the carrying capacity study are consistent with the objectives of the
FKNMS Water Quality Protection Program. The Steering Committee will make
recommendations on wastewater systems and Hot Spot priorities prior to
implementation by the County. It is the intent of this rule to accelerate the pace,
and increase the effectiveness of the current cesspit replacement effort through
both a regulatory and an incentive -based program. No later than August, 1999
Monroe County shall engage in a public education program to ensure that the
public understands that the County is committed to the swift identification and
replacement of cesspits, as a full partner with the Department of Health. The
public education program shall explain the role of cesspit removal in the overall
context of the Work Plan and Wastewater Master Plan. The County and the state
shall request the participation of the Steering Committee in the public education
program as well as the Florida Keys Aqueduct Authority.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-6
WORK PROGRAM'
YEAR ONE (ending December 31, 1997)
A. Complete Phase I (data collection) for the Wastewater and Stormwater Master Plans, and
secure funding for plan completion. (Reference County Objective. 901.4)
Agencies; County, DCA DER, HRS and SFWMD.
B. Complete a conceptual plan or scope of work to develop a carrying capacity. The carving
capacity analysis shall be designed to determine the ability of the Florida Keys ecosystem, and
the various segments thereof, to withstand all impacts of additional land development activities.
The analysis shall be based upon the findings adopted by the Administration Commission on
December 12, 1995, or more recent data that may become available in the course of the
study, and shall be based upon benchmark of, and all adverse impacts to the Keys land and
water natural systems, in addition to the impact of nutrients on marine resources. The carrying
capacity analysis shall consider aesthetic , socioeconomic (including sustainable tourism),
quality of life and community character issues, including the concentration of population, the
amount of open space, diversity of habitats, and species richness. The analysis shall reflect
the interconnected nature of the Florida Keys' natural systems, but may consider and analyze
the carrying capacity of speck islands or groups of islands and specific ecosystems of
habitats, including distinct parts of the Keys' marine system. (Ref. 1991 Shp. Settlement
Agreement)
Agencies: County, DCA, DER, HRS, DOT, GFC, SFWMD, NMS, SFRPC, EPA, USFW,
Army COE, and other interested parties to includes representatives of environmental
organizations and development interests.
C. Complete AWT/OSDS demonstration study and initiate rulemaking for new standards for
OSDS. (Reference County Policy 901.4.3).
Agencies: HRS.
D. Complete Marathon Facilities Plan and secure funding for the facility site(s). The wastewater
facilities plan should implement the most cost effective method of collecting, treating, and
disposing of wastewater and shall include an investigation of the feasibility of using alternative
nutrient -stripping on -site disposal systems. The development of the facilities plan shall be a
component of the wastewater Master Plan as that Plan is developed.
Agencies: County, DCA, and DER.
E. Continue cesspit elimination program with identification of Hot Spots as first priority in
accordance with Objective 901.2 and seek funding for cesspit identification. Enter into an
interiocal agreement with HRS to specify the responsibilities and procedures for the OSDS
inspection/compliance program as required by Policy 901.2.3. Adopt an ordinance which
specifies the implementation procedures for the OSDS inspection/compliance program. The
ordinance shall include authorization for HRS to inspect wastewater treatment systems on
private property as required by Policy 901.2.3. (Reference County Objective 901.2).
Agencies: County, DCA, and HRS.
F. Submit status of CARL and ROGO land acquisition to the Administration Commission.
Agencies: County, Land Authority, and DER.
G. Revise the habitat Evaluation Index (HEI) based on peer review.
' On March 9, 1999, the Administrative Commission determined that the substantial progress toward the work
program objectives had not been made and authorized rulemaking to amend the work program beginning in Year
Three. Work program tasks from years One and Two not completed by the end of Year Two were included as tasks
in subsequent: years of the work program.
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5_7
Agencies: County DCA, DER, FGFWFC, and Federal agencies.
YEAR TWO (ending December 31, 1998)
A. Complete the wastewater and Stormwater Master Plans and execute interagency agreements
to define construction schedule by phases. Document that significant reduction in nutrients will
be achieved each year thereafter within each sub -areas. The Master Plans shall include
facility plans for all proposed treatment strategies, and determine retrofit and funding
requirements for HOT Spots and cesspit identified in D below.
Agencies: County DCA, DER, and HRS.
B. Secure funding for the carrying capacity study and initiate Phase I (data collection) of the study.
Agencies: County, DCA, and DER.
C. Complete cesspit ID process in Hot Spots, excluding the Marathon area.
Agencies: County, DCA, and HRS.
D. Submit status of CARL and ROGO land acquisition to the Administration Commission.
Agencies County, Land Authority, and DER.
E. Document the extent and quality of the fresh groundwater lens system on Big Pine Key;
delineate the associated recharge areas; and determine the safe yield of the system.
(Reference County Policy 103.1.5).
Agencies: County, DCA, SFWMD, USFWS
YEAR THREE (January 1, 1999 through July 12, 2000)
A. Complete and begin implementation of Wastewater Master Plan. Utilizing the findings of the
Wastewater Master Plan and recommendations of the Water Quality Steering Committee
relating to Hot Spots do the following: refine and prioritize areas identified as Hot Spots,
determine retrofit and funding requirements for priority Hot Spots and cesspit replacement for
areas outside those areas identified for central or cluster wastewater collection systems, and
begin developing facility plans for priority Hot Spots. Execute interagency agreements to define
facility plan, design and construction schedules for each Hot Spot facility. Establish a water
quality monitoring program to document the reduction in nutrients as a result of these facilities.
Complete a wastewater treatment finance plan and a service area implementation plan, and
continue efforts to secure funding for Wastewater Master Plan implementation, with priority
given to Hot Spots. Determine the feasibility and legal ramifications of establishing an escrow
account as a means of providing long-term funding for replacing cesspits or substandard
onsite sewage systems. Establish a mechanism such as special assessments, impact fees,
infrastructure surcharge, or other dedicated revenues, to fund the local share of wastewater
improvements in Years Four and Five. Seek to provide comparable subsidies for both
wastewater collection systems and individual cesspit replacement.
Agencies: County, FKAA, DCA, DER, DOH, SFWMD, EPA and Water Quality Protection
Program Steering Committee (WQSC).
B. Secure funding for Storm Water Master Plan development, contract selected firm for
development of Master Plan, and complete Phase I (data collection). Determine the feasibility
of providing nutrient reduction credits for stormwater improvements.
Agencies: County, DCA, DOT, SFWMD, EPA and WQSC.
C. Conclude acquisition of North Key Largo Hammocks CARL project. Make offers to 33% of
remaining private owners with property located in other CARL project boundaries.
Agencies: County, Land Authority and DER.
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-8
D. Secure remaining funds for the carrying capacity study, conduct workshops as outlined in the
Scope of Work, select prime contractor, and initiate Phase I (data collection) of the study.
Agencies: County, DCA, DEP, DOH, DOT, FFWCC, SFWMD, WQSC, SFRPC, EPA,
USFWS, Army COE, and other interested parties to include representatives of
environmental organizations and development interests.
E. Continue efforts to secure funding for the Marathon Facility. Complete Little Venice
construction design, secure lands needed for Little Venice facility, and begin bid
process and selection of construction firm. Design a water quality monitoring
program to document Little Venice project impacts.
Agencies: County, FKAA, DCA, DEP, WQSC, and EPA.
F. Continue cesspit identification by providing notice to all property owners with
unknown systems, outside of Hot Spots. Initiate replacement of cesspits outside of
Hot Spots. Award financial assistance grants to qualified applicants using FY 1997-
98 state funds to ensure a minimum of 70 cesspit replacements. Develop a low
interest loan and grant program to assist all residents in replacing cesspits, with
priority of funds going, in order of preference, to very low-, low- and moderate -
income households. Investigate the appropriate point at which nutrient reduction
credits can be awarded for future committed water quality treatment facilities and the
appropriateness of transferring credits among ROGO areas.
Agencies: County, DCA, FKAA, WQSC and DOH.
G. Document the extent and quality of the fresh groundwater lens system on Big Pine
Key; delineate the associated recharge areas; and determine the safe yield of the
system. (Ref. County pol. 103.1.5)
Agencies: County, FKAA, DEP, DCA, SFWMD, EPA, WQSC and USFWS.
H. Develop an integrated funding plan for the purchase of land from ROGO applicants
who have competed unsuccessfully for four consecutive years and applied for
administrative relief.
Agencies: County.
The County, in conjunction with DCA, shall assess the feasibility of applying the
nutrient reduction credit requirement to new commercial development.
Agencies: County and DCA.
YEAR FOUR (July 13, 2000 through July 12, 2001)
A. Continue implementation of Wastewater Master Plan, execute interagency
agreements to define construction schedule by phases, and continue developing
facility plans for priority Hot Spots in each ROGO area. Secure funding to implement
the Wastewater Master Plan. Document that reduction in nutrients has been
achieved within each of the sub -areas.
Agencies: County, FKAA, DCA, DEP, DOH, EPA and WQSC.
B. Complete Storm Water Master Plan. Identify priority projects for implementation and
seek funding for plan implementation.
Agencies: County, DCA, DEP, DOT, SFWMD, EPA and WQSC.
C. Make offers to 50% of remaining private owners with property located in CARL
project boundaries.
Agencies: County, Land Authority and DEP.
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5_9
D. Complete Phase II of the carrying capacity study (data analysis) and present initial
recommendations to review agencies.
Agencies: County, DCA, DEP, DOH, DOT, FFWCC, SFWMD, WQSC, SFRPC,
EPA, USFWS, Army COE, and other interested parties to include representatives
of environmental organizations and development interests.
E. Establish baseline water quality for surface and groundwater quality potentially
impacted by Little Venice project.
Agencies: County, DCA, DEP, FKAA, WQSC and EPA.
F. Complete cesspit identification and continue cesspit replacement outside of Hot
Spots, with a priority of funds going, in order of preference, to low- and moderate -
income households; ensure that a minimum of 88 cesspits are replaced
Agencies: County, FKAA, WQSC and DOH.
YEAR FIVE: (July 13, 2001 through July 12, 2002)
A. Continue implementation of the Wastewater Master Plan pursuant to executed
interagency agreements. Begin construction of wastewater facilities in selected Hot
Spots.
Agencies: County, FKAA, DCA, DOH, DEP, EPA, and WQSC.
B. Execute interagency agreements to define construction schedule for selected storm
water improvement projects. Complete land acquisition and final design for selected
treatment strategies for Storm Water Master Plan.
Agencies: County, DCA, DEP, DOT, WQSC and SFWMD.
C. Conclude negotiations with all willing owners with property within CARL project
boundaries. Acquire a total -to -date of 45% of the Key Deer/Coupon Bight project and
25% of the Florida Keys Ecosystems project from willing sellers.
Agencies: County, Land Authority, and DEP.
D. Complete final draft of the carrying capacity study including acceptance by review
agencies.
Agencies: County, FKAA, DCA, DEP, DOH, DOT, FFWCC, SFWMD, WQSC,
SFRPC, EPA, USFWS, Army COE, and other interested parties to include
representatives of environmental organizations and development interests.
E. Continue eliminating cesspits and inoperative septic tanks in areas outside of Hot
Spots.
Agencies: County, DOH, FKAA and WQSC.
YEAR SIX (July 13, 2002 through July 12, 2003)
A. Continue construction of wastewater facilities in Hot Spots begun in previous year.
Contract to design and construct additional wastewater treatment facilities in Hot
Spots in accordance with the schedule of the Wastewater Master Plan. Continue
implementation of Wastewater Master Plan with emphasis on Hot Spots.
Agencies: County, FKAA, DEP, DOW, DCA, EPA and WQSC.
B. Initiate construction of selected projects as identified in the Storm Water Master Plan.
Agencies: County, SFWMD, DEP, DCA, DOT, EPA and WQSC.
C. Implement the carrying capacity study by, among other things, the adoption of all
necessary plan amendments to establish a rate of growth and a set of development
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-10
standards that ensure that any and all new development does not exceed the
capacity of the county's environment and marine system to accommodate additional
impacts. Plan amendments will include a review of the County's Future Land Use
Map series and changes to the map series and the "as of right" and "maximum"
densities authorized for the plan's future land use categories based upon the natural
character of the land and natural resources that would be impacted by the currently
authorized land uses, densities and intensities.
Agencies: County, FKAA, FFWCC, DCA, DEP, DOH, DOT, SFWMD, SFRPC,
EPA, Army COE, WQSC, and USFWS, and other interested parties to include
representatives of environmental organizations and development interests.
D. Complete the elimination of all cesspits in areas outside of Hot Spots. Agencies:
County, FKAA, DOH and WQSC.
E. Develop a Keys -wide master land acquisition plan which shall include:
(1) a strategy for the acquisition of those properties which should be
preserved due their habitat value as well as those other properties where
future development is to be discouraged.
(2) a management plan for implementing the strategy, and
(3) a reasonable, feasible plan for securing funding for said land acquisition.
Agencies: County, Land Authority, DCA, DEP, SFWMD, Army COE, EPA,
USFWS, and other interested parties to include representatives of environmental
organizations and development interests.
F. Initiate and complete a collaborative process for the adoption of land development
regulations, and/or comprehensive plan amendments as needed, that will strengthen
the protection of terrestrial habitat through processes such as the Permit Allocation
System and permitting processes, and the preservation and maintenance of
affordable housing stock.
Agencies: County, DCA, DEP, FFWC, USFWS, and other interested parties to
include representatives of environmental organizations and development
interests.
YEAR SEVEN (July 13, 2003 through July 12, 2004)
A. Finalize construction and begin operating wastewater facilities in Hot Spots.
Continue implementation of Wastewater Master Plan with continued emphasis on
Hot Spots.
Agencies: County, FKAA, DEP, DCA, DOH, EPA and WQSC
B. Continue implementing selected projects as identified in the Storm Water Master
Plan.
Agencies: County, DCA, DEP, DOT, SFWMD, EPA and WQSC
YEAR EIGHT (July 13, 2004 through July 12, 2005)
A. Review and revise (as necessary) the Conservation and Natural Areas Map.
Agencies: County, USFWS, FWCC, DEP, DCA
B. Initiate acquisition strategy for lands identified outside the Conservation and Natural
,Areas identified as worthy of protection.
Agencies: County, DCA, DEP
C. Begin public hearings for Conservation and Natural Areas boundaries.
Agencies: County
D. Conclude public hearings for the adoption of the amended Conservation and Natural
,Areas Boundaries.
Agencies: County
Monitoring and (Evaluation Procedures Adoption Date: June 29, 2010 5-11
E. Adopt an ordinance to implement a moratorium on ROGO/NROGO applications that
involves the clearing of any portion of an upland tropical hardwood hammock or
pinelands habitat contained in a tropical hardwood hammock or pinelands patch of
two or more acres in size located within a Conservation and Natural Area.
Agencies: County, DCA
F. Adopt amendments to the comprehensive plan and land development regulations to
enact overlay designations, and eliminate or revise the Habitat Evaluation Index, and
modify the ROGO/NROGO system to guide development away from environmentally
sensitive lands.
Agencies: County, DCA
G. Amend land development regulations to prohibit the designation of Conservation and
Natural Areas (Tier 1) as a receiver site for ROGO exempt development from sender
sites; and to further limit clearing of upland native habitat that may occur in the
Natural Areas (Tier 1) and the Transition and Sprawl Reduction Area (Tier II) upon
designation by the County.
Agencies: County, DCA
H. Develop Land Acquisition and Management Master Plan and address both funding
and management strategies.
Agencies: County, DCA, DEP, USFWS, FWCC
I. Provide $40 million in financing secured by infrastructure tax for wastewater facilities.
Agencies
J. Begin construction of wastewater plants or laying of collection lines for Baypoint,
Conch Key and Key Largo Trailer Village/Key Largo Park.
Agencies: County, FKAA, DEP, Key Largo Wastewater District
K. Ensure the connection for up to 1,350 EDUs at Stock Island to Key West Resort
Utilities.
Agencies: County, DEP
L. Complete lower Keys and Key Largo Feasibility Study.
Agencies: County, FKAA, DEP
M. Complete projects identified in the Stormwater Management Master Plan.
Agencies: County, DEP, DCA
N. Evaluate and implement strategies to ensure that affordable housing remains
affordable in perpetuity for future generations. Establish a partnership with non-profit
organizations in order to construct affordable housing using additional state funds.
Agencies: County, FHFC, DCA\
O. Identify potential acquisition sites for affordable housing proposals and include in the
Land Acquisition Master Plan.
Agencies: County, FHFC, DCA
P. Provide up to $10 million in bond financing from the Tourist Impact Tax for
acquisition of land for workforce housing and affordable housing sites.
Agencies: County
Q. Complete a comprehensive analysis of hurricane3 evacuation issues in the Florida
Keys and develop strategies to reduce actual hurricane clearance times and thereby
reduce potential loss of life from hurricanes.
Agencies: County, DCA
Monitoring and (Evaluation Procedures Adoption Date: June 29, 2010 5-12
YEAR NINE (July 13, 2005 through July 12, 2006)
A. In coordination with the Florida Keys Aqueduct Authority and the Key Largo Sewer
District, initiate the process to obtain $80 million in bond financing secured by
connection fees.
Agencies: County, FKAA, Key Largo Sewer District
B. Secure site for lower Keys and Key Largo wastewater facilities
Agencies: County, FKAA
YEAR TEN (July 13, 2006 through July 12, 2007)
A. Award contract for design, construction and operation for the lower Keys and Key
Largo wastewater facilities.
Agencies: County, FKAA, Key Largo Sewer District
B. Begin construction of the lower Keys and Key Largo wastewater plants.
Agencies: County, FKAA, Key Largo Sewer District
C. Initiate connections to lower Keys and Key Largo wastewater systems.
Agencies: County, FKAA, Key Largo Sewer District
D. Complete construction and hookups for Baypoint, Conch Key and Key Largo Trailer
Village/Key Largo Park.
Agencies: County, FKAA, Key Largo Sewer District
E. Obtain $80 million in bond financing secured by connection fees.
Agencies: County, FKAA, Key Largo Sewer District
Monitoring and (Evaluation Procedures Adoption Date: June 29, 2010 5-13
Policy 101.2.14
For those ROGO applications and properties which have been denied a ROGO
award for four consecutive years and have applied for administrative relief, which
are located in a CARL project or the National Wildlife Refuge and have received
negative habitat scores under ROGO, the County or the state shall offer to
purchase the property if funding for such is available. Refusal of the purchase
offer shall not be grounds for granting a ROGO award.
Policy 101.2.15
Notwithstanding any other provision of the comprehensive plan, ROGO
allocations and nutrient reduction credits utilized for affordable housing projects
may be pooled and transferred between ROGO sub -districts and between local
government jurisdictions within the Florida Keys ACSC. Any such transfer
between local government jurisdictions must be accomplished through an
interlocal agreement between the sending and receiving local governments.
(The remainder of this page left intentionally blank.)
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-14
Objective 101.3
Monroe County shall regulate non-residential development to maintain a balance of land
uses to serve the needs of the future population of Monroe County.
Policy 101.3.1
Monroe County shall maintain a balance between residential and non-residential growth
by limiting the square footage of non-residential development to maintain a ratio of
approximately 239 square feet of new non-residential development for each new
residential unit permitted through the Residential Permit Allocation System. This ratio may
be modified from time to time through amendments to the land development regulations
based upon market and other relevant studies as required by policy 101.3.5. The
commercial allocation allowed by this policy shall be uniformly distributed on an annual
basis, consistent with the Residential Permit Allocation System as set forth in Policy
101.2.1.
Policy 101.3.2
Applicants shall be required to obtain letters of coordination confirming the availability of
potable water and electricity, and applicable permits from HRS prior to submitting a
building permit application for new non-residential development to the Monroe County
Growth Management Division through the Permit Allocation System. Applicants shall be
required to obtain all other applicable agency permits prior to issuance of a County permit.
Policy 101.3.3
The Permit Allocation System for new non-residential (NROGO) development
shall specify procedures for:
the annual adjustment of the square footage allocated for new non-residential
development to be permitted during the next year based upon, but not limited to:
a) the square footage allocated for new non-residential development that
expired during the previous year;
b) the amount of square footage available for allocations but not allocated in
previous year,
c) modifications required or provided by this plan; and,
d) receipt or transfer of floor area by intergovernmental agreement.
2. maintaining a ratio of approximately 239 square feet of new non-residential
development for each new residential unit permitted through the Permit Allocation
System, as may be amended from time to time in accordance with Policy 101.3.1;
and,
3. timing of the acceptance of applications, evaluation of applications, and issuance
of permits for new non-residential development during the calendar year.
Policy 101.3.4
Public facilities shall be exempted from the requirements of the Permit Allocation System
for new non-residential development. Except within Tier I designated areas pursuant to
Goal 105 or within a designated Tier III Special Protection Area pursuant to Policy 205.1.1,
certain development activity by federally tax-exempt not -for -profit educational, scientific,
health, religious, social, cultural, and recreational organizations may be exempted from the
Permit Allocation System by the Board of County Commissioners after review by the
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-15
Planning Commission upon a finding that such activity will predominately serve the
County's non -transient population. All public and institutional uses that predominately
serve the County's non -transient population and which house temporary residents shall be
included in the Permit Allocation System for residential development, except upon factual
demonstration that such transient occupancy is of such a nature so as not to adversely
impact the hurricane evacuation clearance time of Monroe County.
Policy 101.3.5
By July 2005, Monroe County shall complete a market demand analysis and economic
assessment to determine the demand for future non-residential development in Monroe
County and planning sub -areas. The non-residential development allocation and Future
Land Use Map (FLUM) designations for non-residential uses may be revised based upon
the results of this study, and other relevant policy and economic studies and data and
provide the basis for preparing specific amendments to the comprehensive plan to
incorporate goals, objectives and policies on economic development including tourism.
The analysis will address existing non-residential uses, vacancy rates, economic trends
and demand for non-residential uses by planning sub -area.
(The remainder of this page left intentionally blank.)
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-16
Objective 101.4
Monroe County shall regulate future development and redevelopment to maintain the character of
the community and protect the natural resources by providing for the compatible distribution of land
uses consistent with the designations shown on the Future Land Use Map. [9J-5.006(3Xb) 3]
Policy 101.4.1
The principal purpose of the Residential Conservation land use category is to encourage
preservation of open space and natural resources while providing for very low -density
residential development in areas characterized by a predominance of undisturbed native
vegetation. Low -intensity public uses and utilities are also allowed. In addition, Monroe
County shall adopt Land Development Regulations which allow any other nonresidential
use that was listed as a permitted use in the Land Development Regulations that was in
effect immediately prior to the institution of the 2010 Comprehensive Plan (pre-2010
LDR's), and that lawfully existed on such lands on January 4, 1996 to develop, redevelop,
reestablish and/or substantially improve provided that the use is limited in intensity, floor
area, density and to the type of use that existed on January 4, 1996 or limit to what the
pre-2010 LDR's allowed, whichever is more restricted. Maximum permitted densities shall
be based upon the results of the habitat analysis required by Division 8 of the Monroe
County Land Development Regulations, as amended. [9J-5.006(3)(c)1 and 7]
Policy 101.4.2
The principal purpose of the Residential Low land use category is to provide for
low -density residential development in partially developed areas with
substantial native vegetation. Low intensity public and low intensity institutional
uses are also allowed. In addition, Monroe County shall adopt Land
Development Regulations which allow any other nonresidential use that was
listed as a permitted use in the Land Development Regulations that were in
effect immediately prior to the institution of the 2010 Comprehensive Plan (pre-
2010 LDR's), and that lawfully existed on such lands on January 4, 1996 to
develop, redevelop, reestablish and/or substantially improve provided that the
use is limited in intensity, floor area, density and to the type of use that existed
on January 4, 1996 or limit to what the pre-2010 LDR's allowed, whichever is
more restricted.
Policy 101.4.3
The principal purpose of the Residential Medium land use category is to
recognize those portions of subdivisions that were lawfully established and
improved prior to the adoption of this plan and to define improved subdivisions
as those lots served by a dedicated and accepted existing roadway, have an
approved potable water supply, and have sufficient uplands to accommodate
the residential uses. Development on vacant land within this land use category
shall be limited to one residential dwelling unit for each such platted lot or
parcel which existed at the time of plan adoption. However, Monroe County
shall adopt Land Development Regulations which allow nonresidential uses
that were listed as a permitted use in the Land Development Regulations that
were in effect immediately prior to the institution of the 2010 Comprehensive
Plan (pre-2010 LDR's), and that lawfully existed on such lands on January 4,
1996 to develop, redevelop, reestablish and/or substantially improve provided
that the uses are limited in intensity, floor area, density and to the type of use
that existed on January 4, 1996 or limited to what the pre-2010 LDR's allowed,
whichever is more restricted. Lands within this land use category shall not be
further subdivided. [9J-5.006(3)(c) 1 and 7]
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-17
Policy 101.4.4
The principal purpose of the Residential High category is to provide for high -
density single-family, multi -family, and institutional residential development,
including mobile homes and manufactured housing, located near employment
centers. In addition, Monroe County shall adopt Land Development Regulations
which allow nonresidential uses that were listed as a permitted use in the Land
Development Regulations that were in effect immediately prior to the institution of
the 2010 Comprehensive Plan, and that lawfully existed on such lands on
January 4, 1996 to develop, redevelop, reestablish and/or substantially improve
provided that the use is limited in intensity, floor area, density and to the type of
use that existed on January 4, 1996 or limited to what the pre-2010 LDR's
allowed, whichever is more restricted. [9J-5.006(3)(c) 1 and 7]
Policy 101.4.5
The principal purpose of the Mixed Use/ Commercial land use category is to provide for
the establishment of commercial zoning districts where various types of commercial retail
and office may be permitted at intensities which are consistent with the community
character and the natural environment. Employee housing and commercial apartments
are also permitted.
This land use category is also intended to allow for the establishment of mixed use
development patterns, where appropriate. Various types of residential and non-residential
uses may be permitted; however, heavy industrial uses and similarly incompatible uses
shall be prohibited. In order to protect environmentally sensitive lands, the following
development controls shall apply to all hammocks, pinelands, and disturbed wetlands
within this land use category:
only low intensity commercial uses shall be allowed;
2. a maximum floor area ratio of 0.10 shall apply; and
3. maximum net residential density shall be zero.
Policy 101.4.6
The principal purpose of the Mixed Use/ Commercial Fishing land use category is to
provide for the maintenance and enhancement of commercial fishing and related
traditional uses such as retail, storage, and repair and maintenance which support the
commercial fishing industry. Residential uses are also permitted. In order to protect
environmentally sensitive lands, the following development controls shall apply to all
hammocks, pinelands, and disturbed wetlands within this land use category:
only low intensity commercial uses shall be allowed
2. a maximum floor area ratio of 0.10 shall apply; and
3. maximum net residential density shall be zero. [9J-5.006(3)(c)1 and 7]
Policy 101.4.7
The principal purpose of the Industrial land use category is to provide for the development
of industrial, manufacturing, and warehouse and distribution uses. Other commercial,
public, residential, and commercial fishing -related uses are also allowed. [9J-5.006(3)(c)1
and 7]
Policy 101.4,8
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-18
The principal purpose of the Agriculture/Aquaculture land use category is to encourage the
retention of existing agricultural and aqua cultural uses. [9J-5.006(3Xc)1 and 7]
Policy 101.4.9
The principal purpose of the Recreation land use category is to provide for public and
private activity -based and resource -based recreational facilities. [9J-5.006(3Xc)1 and 7]
Policy 101.4.10
The principal purpose of the Institutional land use category is to provide for institutional
uses by federally tax-exempt, non-profit facilities, including, but not limited to, educational,
scientific, religious, social service, cultural, and recreational organizations. Related
residential and non-residential uses, including student and employee housing shall be
allowed. [9J-5.006(3Xc)1 and 7]
Policy 101.4.11
The principal purpose of the Educational land use category is to provide for
public educational facilities. The County shall coordinate with the School Board
to balance educational facility land requirements with other land use objectives.
In recognition of Monroe County's environment and the linear distribution of its
population, the County shall encourage schools to accommodate building and
facility requirements on existing sites. When new school sites are required,
school shall be encouraged to locate proximate to urban residential areas and
other public facilities. [9J-5.006(3)(c) 1 and 7]
Policy 101.4.12
The principal purpose of the Public Buildings/Grounds land use category is to provide for
public buildings and grounds owned by federal, state and local governments. [9J-
5.006(3Xc)1 and 7]
Policy 101.4.13
The principal purpose of the Public Facilities land use category is to provide for land
owned by public utilities and service providers. [9J-5.006(3Xc)1 and 7]
Policy 101.4.14
The principal purpose of the Military land use category is to provide for federally owned
lands used for military purposes. Development densities and intensities are not subject to
regulation by Monroe County. Military commanders will be requested to follow these
recommended densities and intensities as specified in Policy 101.4.22, consistent with
natural resource constraints as well as all County environmental design criteria.
Policy 101.4.15
The principal purpose of the Conservation land use category is to provide for publicly
owned lands held primarily for the preservation of natural and historic resources and
compatible passive recreational uses. Public uses consistent with the purpose of this
category shall be allowed. [9J-5.006(3Xc)1 and 7]
Policy 101.4.16
The principal purpose of the Airport District land use category is to prohibit the
development of residential, educational or other uses which are characterized by the
regular presence of large numbers of people within the hazard areas of civil and military
airports.
Policy 101.4.17
Monitoring and E-valuation Procedures Adoption Date: June 29, 2010 5-19
The principal purpose of the Mainland Native land use category is to protect the
undeveloped and environmentally sensitive character of land within Monroe County that is
located on the mainland of the Florida peninsula. Very low density residential uses and
low -intensity educational and research centers shall be allowed. Al land in the mainland
portion of Monroe County is hereby designated as Mainland Native.
Policy 101.4.18
The principal purpose of the Historic overlay category is to identify existing and potential
historic districts for designation, protection, and preservation (See Goal 104 and
supporting objectives and policies). Maximum permitted densities and intensities shall be
in accordance with the underlying land use categories. [9J-5.006(3Xc)1 and 7]
Policy 101.4.19
Densities among properties designated Residential Conservation and Residential Low
shall not be increased above the densities which existed prior to the date of plan adoption
except through appeal procedures to demonstrate that such prior density designations
were incorrect due to scriveneE's/drafting errors or incorrect habitat conditions identified on
the December 1985 Habitat Classification Aerial Photographs.
Policy 101.4.21
Monroe County hereby adopts the following density and intensity standards for the future
land use categories, which are shown on the Future Land Use Map and described in
Policies 101.4.1-101.4.17: [9J-5.006(3)(c)7].
(The remainder of this page left intentionally blank.)
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-20
Future Land Use Densities and Intensities
Future Land Use Category
Allocated Density
Maximum Net Density
Maximum Intensity
And Corres ndi Zoning
r acre
r buildable acre
floor area ratio
Agriculture (A)
0 du
N/A
0.20-0.25
no directly corresponding zoning)
0 rooms/spaces
N/A
Airport (AD)
0 du
N/A
0.10
AD zoning)
0 moms/spaces
N/A
Conservation (C)
0 du
N/A
0.05
CD zoning)
0 rooms/spaces
N/A
Education (E)
0 du
N/A
0.30
no directly corresponding zoning)
0 rooms/
N/A
Industrial (1)
1 du
2 du
0.25-0.60
I and MI zoning)
0 rooms/
N/A
Institutional (INS)
0 du
N/A
0.25-0.40
no directly corresponding zoning)
3-15 roomsts
6-24 rooms/spaces
Mainland Native (MN)
0.01 du
N/A
0.10
MN zoning)
0 roomsts aces
N/A
Military (M)
6 du
12 du
0.30-0.50
MF zoning)
10 roomstspaces
20 roomstspaces
Moved Use/Cornmercial (MC)(9)
1-6 du
6-18 du
0.10-0.45
SC, UC, DR, RV, and MU zoning)
5-15 rooms/
10-25 rooms/spaces
Moved Use/Cornmeroial Fishing (MCF)Ot
Approx. 3-0 du
12 du
0.25-0.40
CFA, CFVtc>, CFSD zoning)
0 roomstspaces
0 roornstspaces
Public Facilities (PF)
0 du
N/A
0.10-0.30
no directly corr2T2Lding zoning)
0 rooms/
N/A
Public Building:dGrounds (PB)
0 du
N/A
0.10-0.30
no directly corresponding zoning)
0 roomsts
N/A
Recreation (R)
0.25 du
N/A
0.20
PR zoning)
2 moms/spaces
N/A
Residential Conservation (RC)
0-0.25 du
N/A
0-0.10
OS and NA zoning)
0 morns/spaces;
N/A
Residential Low (RL)
0.25-0.50 du
5 du
0.20-0.25
SSA, SR, and SR-L zoning)
0 rooms/
N/A
Residential Medium (RM)
approx. 0.5-8 du
N/A
0
(IS zoning)
(1 dullot)
N/A
0 roomstspaces
Residential High (RH)
approx. 3-16 du
12 du
0
(IS -De), URN(e), and URm zoning)
(1-2 dullot)
20 roomstspaces
10 rooms/spaces
Notes:
(a) "NIA" means that maximum net density bonuses shall not be available.
(b) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the manamum net densities bonuses shall not be available.
(c) The allocated) density for CFV zoning shall be 1 dwelling unit per lot and the maxmum net density bonuses shall not be available.
(d) Maximum net density bonuses shall not be available to the SS district.
(e) The allocated density for IS-0 and URM zoning shall be 2 and 1 dwelling units per lot, respectively and the maximum net density bonuses shall not be available.
(f) The manamurn net density for the UR district shall be 25 for units where all units are designated as affad-he housing.
(g) For properties consisting of hammocks, pinelands or disturbed wetlands within the Wed Use/ Commercial and Moved Use/ Carxneraal Fishing land use categories, the flax
area ratio shall be 0.10 and the maxmum net residential density bonuses not apply.
(h) Uses under the categories of Agriculture, Education, Institutional, Public Facilities, and Public Buildings and Uses, which have no directly corresponding zoning, may be
incorporated into new or existing zoning d tcts as appropriate.
i The Maximum Net Density is the maxmum dens' allowable with the use of TDRs.
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-21
Policy 101.4.22
All development shall be subject to clearing limits defined by habitat and the
location of the property in the Land Use District (zoning) Overlay Tier Maps and
the wetland requirements in Policy 102.1.1. The clearing limits of upland native
vegetation areas for properties in the Ocean Reef planned development shall be
limited to 40 percent of the existing upland native vegetation. Except as defined in
Policy 101.12.4, clearing of upland native vegetative areas in the Tiers I, II, and III
shall be limited for the portion of the property containing upland native vegetation
in the following percentages:
Tier Permitted Clearing
I 20%
II 40% (Big Pine Key and No Name Key)
III 40% or 3,000 s.f., whichever is greater, however, the
maximum amount of clearing shall be no more than 7,500
square feet, regardless of the amount of upland native
vegetative area.
* Palm or cactus hammock is limited to only 10%.
Policy 101.4.23
Notwithstanding the density limitations set forth in Policy 101.4.21, land upon which a
legally -established residential dwelling unit exists shall be entitled to a density of one
dwelling unit per each such unit. Such legally -established dwelling unit shall not be
considered as non -conforming as to the density provisions of policy 101.4.21 and the
Monroe County Code.
Policy 101.4.24
In order to preserve the existing community character and natural environment, Monroe
County shall limit the height of structures including landfills to 35 feet. Exceptions will be
allowed for appurtenances to buildings, transmission towers and other similar structures.
(The remainder of this page left intentionally blank.)
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5.22
Obiective 101.5
Monroe County shall implement a Point System based primarily on the Tier system of land
classification in accordance with Goal 105, which directs future growth in order to:
1. encourage the redevelopment and renewal of blighted areas [9J-5.006(3Xb)2];
2. maintain and enhance the character of the community [9J-5.006(3Xb)3];
3. protect natural resources [9J-5.006(3Xb)4];
4. encourage a compact pattern of development [9J-5.006(3Xb)7];
5. encourage the development of affordable housing; and,
6. encourage development in areas served by central wastewater treatment
systems.
Policy 101.5.1
Monroe County shall adopt through its land development regulations a new Point
System for residential (ROGO) and non-residential (NROGO) development to
replace the existing Point System by no later than July 1, 2005. Except for
affordable housing, this Point System, as set forth in Policy 101.5.4 for residential
development and Policy 101.5.5 for non-residential development, shall be used
as a basis for selecting the development applications which are to be issued
permits through the Permit Allocation System pursuant to Policy 101.5.4 and
Policy 101.5.5. For market rate housing units or non-residential development to
be awarded allocations under the Permit Allocation System the Point System
shall specify positive point factors which shall be considered as assets and shall
specify negative point factors which shall be considered as liabilities in the
evaluation of applications for new residential and non-residential development.
Policy 101.5.2
In order to encourage a compact form of residential growth that results in infill development
in platted, improved subdivisions, the Point System shall be primarily based on the Tier
system of land classification as set forth under Goal 105. To discourage and limit further
growth in Tier I designated areas, the annual maximum number of residential permit
allocations that may be awarded in Tier I shall be no more three (3) in each of the two
Residential Permit Allocation planning areas established by the Land Development
Regulations. [9J-5.006(3Xc)1 and 6]
Policy 101.5.3
In order to encourage a compact form of non-residential growth, the Permit
Allocation System shall limit and direct new non-residential development
primarily to areas designated as Tier III under Goal 105 not located within a
designated Special Protection Area and provide incentives for redevelopment of
existing developed and vacant infill sites. (See Policy 101.3.1.) [9J-5.006(3)(c)1]
Policy 101.5.4
Monroe County shall implement the residential Permit Allocation and Point
System through its land development regulations based primarily on the Tier
system of land classification as set forth under Goal 105. The points are intended
to be applied cumulatively.
1. Tier Designation - Utilizing the Tier System for land classification in
Policy 105.2.1, the following points shall be assigned to allocation
applications for proposed dwelling units in a manner that encourages
development of infill in predominately developed areas with existing
infrastructure and few sensitive environmental features and discourages
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-23
development in areas with environmentally sensitive upland habitat which
must be acquired or development rights retired for resource conservation
and protection.
PointAssi nment.•
Cr>teria:
+0
Proposes a dwelling unit within areas designated
Tier I [Natural Area] on Big Pine Key and No Name
Name Key
+10
Proposes a dwelling unit within areas
designated Tier I [Natural Area] outside of Big
Pine Key or No Name Key.
+10
Proposes development within areas designated Tier
I I [Transition and Sprawl Reduction Area on Big Pine
Key or No Name Key]
+20
Proposes development within areas designated Tier
I II Infill Area on Big Pine Key or No Name Key,
+20
Proposes development within areas designated Tier
III [Infill Area] outside of Big Pine Key or No Name
Key that will result in the clearing of upland native
vegetation within a Special Protection Area.
+30
Proposes development within areas designated Tier
III [Infill Area] outside of Big Pine Key or No Name
Key that will not result in the clearing of any upland
native vegetation within a Special Protection Area.
2. Big Pine and No Name Keys - The following negative points shall be cumulatively
assigned to allocation applications for proposed dwellings to implement the Big Pine
Key and No Name Key Habitat Conservation Plan and the Livable CommuniKeys
Community Master Plan.
PointAssi nment.•
Criteria:
-10
Proposes development on No Name Key.
-10
Proposes development in designated Lower Keys
Marsh Rabbit habitat or buffer areas as designated
in the Community Master Plan.
-10
Proposes development in Key Deer Corridor
as designated in the Community Master Plan.
3. Lot Aggregation — The following points shall be assigned to allocation
applications to encourage the voluntary reduction of density through
aggregation of legally platted buildable lots within Tier II and Tier III areas.
PointAssignment Criteria:
+4 Each additional contiguous vacant, legally platted
lot which is aggregated in a designated Tier III area
outside of Big Pine Key and No Name Key that
meets the aforementioned requirements will earn
additional points asspecified.*
+3 Each additional contiguous vacant, legally platted
Monitoring and (Evaluation Procedures Adoption Date: June 29, 2010 5-24
lot which is aggregated in a designated Tier II or I II
area on Big Pine Key and No Name Key that
meets the aforementioned requirements will earn
additional oints as specified.
*Exception:
No points for lot aggregation will be awarded for
any proposed development that involves the
clearing of any upland native vegetation in a Tier III
Special Protection Area.
4. Land Dedication — The following points shall be assigned to allocation
applications to encourage, the voluntary dedication of vacant, buildable land
within Tier I designated areas and Tier III Special Protection Areas for the
purposes of conservation, resource protection, restoration or density
reduction and, if located in Tier III outside of Special Protection Areas, for the
purpose of providing land for affordable housing where appropriate.
PointAssi nment.•*
G�teria:
+4
Proposes dedication to Monroe County of one
vacant, legally platted lot of sufficient minimum lot
size and upland area to be buildable. Each
additional vacant, legally platted lot that meets the
aforementioned requirements will earn points as
specified.
+1 for each 5,000 square feet of lot
Proposes dedication to Monroe County of a
size
vacant, legally platted lot of 5,000 square feet or
more in size, designated as Residential Low with
a maximum net density within a Tier I area and
containing sufficient upland area to be buildable.
Each additional vacant, legally platted lot that
meets the aforementioned requirements will earn
points as specified.
+0.5
Proposes dedication to Monroe County of
one (1) vacant, legally platted lot of at least
5,000 square feet in size within a Tier I area,
designated as Residential Conservation, or
Residential Low with no maximum net
density, containing sufficient upland to be
buildable. Each additional vacant, legally
platted lot that meets the aforementioned
requirements will earn points asspecified.
+4
Proposes dedication to Monroe County of at
least one (1) acre of vacant, unplatted land
located within a Tier I area containing
sufficient upland to be buildable. Each
additional one (1) acre of vacant, unplatted
land that meets the aforementioned
requirements will earn points asspecified.
* Exception:
Applications for a dwelling unit on Big Pine
Key and No Name Key shall be awarded
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-25
points for land dedication in accordance with
Action Item 3.2.2 C of the Livable
CommuniKeys Master Plan for Big Pine Key
and No Name Key.
5. Market Rate Housing in Employee or Affordable Housing Project- The following
points shall be assigned to allocation applications for market rate housing units in an
employee or affordable housing project:
PointAssi nment: Criteria:
+6 Proposes a market rate housing unit which is part
of an affordable or employee housing project; both
affordable and employee housing shall meet the
policy guidelines for income in Policy 601.1.7 and
other requirements pursuant to the Land
6. Special Flood Hazard Areas — The following points shall be assigned to allocation
applications for proposed dwelling unit(s) to provide a disincentive for locating within
certain coastal high flood hazard areas:
PointAssignment.
Criteria:
-4
Proposes development within " V" zones on the
FEMA flood insurance rate maps.
7. Central Wastewater System Availability — The following points shall be
assigned to allocation applications:
PointAssi nment
Criteria:
+4
Proposes development required to be connected
to a central wastewater treatment system that
meets the BAT/AWT treatment standards
established by Florida Legislature and Policy
901.1.1.
8. Payment to the Land Acquisition Fund — Up to two (2) points shall be awarded for
a monetary payment by the applicant to the Countys land acquisition fund for the
purchase of lands for conservation, and retirement of development rights. The
monetary value of each point shall be set annually by the County based upon the
estimated average fair market value of vacant, privately -owned, buildable IS/URM
zoned, platted lots in Tier I.
9. Perseverance Points — One (1) point shall be awarded for each year that the
allocation application remains in the allocation system up to a maximum accumulation
of four (4) points.
Policy 101.5.5
Monroe County shall implement the non-residential Permit Allocation and Point
System through its land development regulations based primarily on the Tier
system of land classification pursuant to Goal 105. The points are intended to be
applied cumulatively.
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-26
1. Tier Designation — Utilizing the Tier System for land classification in Policy 105.2.1, the
following points shall be assigned to allocation applications for proposed non-residential
development in a manner that encourages development of infill in predominately
developed areas with existing infrastructure, commercial concentrations, and few sensitive
environmental features, and discourages development in areas with environmentally
sensitive upland habitat, which must be acquired or development rights retired for resource
conservation and protection:
PointAssi nment.•
Criteria:
0
Proposes non-residential development within an area
designated Tier I [Natural Area], except for the
expansion of lawfully established non-residential
development provided under "exception" below.
+10
Proposes non-residential development within an area
designated Tier II [Transition and Sprawl Reduction
Area on Big Pine Key and No Name Key].
+10
Proposes non-residential development that will result
in the clearing of any upland native vegetation within a
Special Protection Area in Tier III.
+20
Proposes non-residential development within an area
designated Tier III [Infill Area].
Exception:
Any lawfully established non-residential development
shall be assigned +20 points contingent upon no
further clearing of upland native habitat and no
addition to and/or expansion of the existing lot or
parcel upon which the existing use is located.
2. Intensity Reduction. The following points shall be assigned to allocation applications to
encourage the voluntary reduction of intensity:
PointAssi nment. Criteria:
+ 4 An application proposes development that reduces the
permitted floor area ratio (FAR) to twenty three percent (23%)
or less.
3. Land Dedication - The following points shall be assigned to allocation
applications to encourage, the voluntary dedication of vacant, buildable land
within Tier I and Tier II (Big Pine Key and No Name Key) designated areas and
Tier III Special Protection Areas for the purposes of conservation, resource
protection, restoration or density reduction and, if located in Tier III outside of
Special Protection Areas, for the purpose of providing land for affordable housing
where appropriate.
PointAssi nment.
Criteria:
+4
Proposes dedication to Monroe County of one (1) vacant,
Ilegally platted lot of sufficient minimum lot size and
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5.27
upland area to be buildable. Each additional vacant,
legally platted, buildable lot which is dedicated that meets
the aforementioned requirements will earn the additional
oints asspecified.
+1 per 5,000 square feet of
Proposes dedication to Monroe County of a vacant legally
lot area
platted lot of five thousand (5,000) square feet or more in
size, designated as Residential Low with maximum net
density within a Tier I area and containing sufficient
upland to be buildable. Each additional vacant, legally
platted lot, that meets the aforementioned requirements
will earn points asspecified.
+0.5
Proposes dedication to Monroe County of one (1) vacant,
legally platted lot of five thousand (5,000) square feet or
more within a Tier I area designated as Residential
Conservation, or Residential Low with no maximum net
density, containing sufficient upland to be buildable.
Each additional vacant, legally platted lot that meets the
aforementioned requirements will earn points as
specified.
+4
Proposes dedication to Monroe County of at least one (1)
acre of vacant, unplatted land located within a Tier I area
containing sufficient upland to be buildable. Each
additional one (1) acre of vacant, unplatted land that
meets the aforementioned requirements will earn the
points as specified.
4. Special Flood Hazard Area - The following points shall be assigned to allocation
applications to discourage development within high risk special flood hazard zones:
PointAss' nment
Criteria:
- 4
Proposes development within a "V" zone on the FEMA Flood
Insurance Rate Map.
5. Perseverance Points - One (1) or two (2) points shall be awarded for each year that the
allocation application remains in the system.
6. Highway Access - The following points shall be assigned to allocation applications to
encourage connections between commercial uses and reduction of the need for trips and
access onto U.S. Highway 1:
PointAssi nment. Criteria:
+3 The development eliminates an existing driveway or access -
way to U.S. Highway 1.
+2 I
The development provides no new driveway or access -way to
U.S. Highway 1.
7. Landscaping and Water Conservation - The following points shall be assigned to
allocation applications to encourage the planting of native vegetation and promote water
conservation:
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5_28
PointAssi nment.
Criteria:
+3
The project provides a total of two hundred percent (200%) of
the number of native landscape plants on its property than the
number of native landscape plants required by this chapter
within landscaped bufferyards and parking areas.
+1
Twenty-five percent (25%) of the native plants provided to
achieve the three (3) point award above or provided to meet
the landscaped bufferyard and parking area requirements of
this chapter are listed as threatened or endangered plants
native to the Florida Keys.
+2
Project landscaping is designed for water conservation such
as use of one hundred percent (100%) native plants for
vegetation, collection and direction of rainfall to landscaped
areas, or the application of re -used wastewater or treated
seawater for watering landscape plants.
8. Central Wastewater System Availability — The following points shall be
assigned to allocation applications:
PointAssi nment:
Criteria:
+4
Proposes development required to be connected to a central
wastewater treatment system that meets the BAT/AWT
treatment standards established by Florida Legislature and
Polic 901.1.1.
9. Employee Housing — The following points, up to a maximum of four (4), shall be assigned
to allocation applications for employee housing units:
PointAssi nment.•
Criteria:
+2
Proposes an employee housing unit which is located on a
parcel with a non-residential use.
10. Payment to the Land Acquisition Fund — Up to two (2) points shall be awarded for a
monetary payment by the applicant to the County's land acquisition fund for the purchase
of lands for conservation, and retirement of development rights. The monetary value of
each point shall be set annually by the County based upon the estimated average fair
market value of vacant, privately -owned, buildable IS/URM zoned, platted lots in Tier I.
Policy 101.5.6
The Residential and Non-residential Point Systems shall be monitored on an
annual basis and revised as necessary based on new studies and data in a
manner that is consistent with and furthers the goals, policies, and objectives of
this plan.
Policy 101.5.7
Monroe County shall allow for the development of residential projects with multiple units
within the PermitAllocation System. If a project ranks high enough in the Point System for
a portion of the development to receive an allocation award, but the project includes more
units than are available during an allocation period, the entire project may receive
allocation awards if the excess allocation is reduced from the next allocation period(s).
Policy 101.5.8
Monitoring and (_valuation Procedures Adoption Date: June 29, 2010 5_29
Monroe County may develop a program, called Transfer of ROGO Exemption
(TRE), that would allow for the transfer off -site of dwelling units, hotel rooms,
campground/recreational vehicle spaces and/or mobile homes to another site in
the same ROGO sub -area, provided that they are lawfully existing and can be
accounted for in the County's hurricane evacuation model. In addition, the
receiver site shall be located within a Tier III area outside a designated Special
Protection Area and for a receiver site on Big Pine Key and No Name Key, the
sending site shall also be located on one of those two islands.
Policy 101.5.9
For the purposes of NROGO scoring pursuant to Policy 101.5.5, lawfully established non-
residential uses shall be assigned +20 points. If any such use is located within a Tier I
designated area ora Tier III Special Protection Area, such scoring assignment shall be
contingent upon no further clearing of upland native habitat and no addition to and/or
expansion of the existing lot or parcel upon which the use is located.
Policy 101.5.12
Non-residential development on Big Pine Key and No Name Key will be allocated
pursuant to the following additional criteria:
Development must be infill in existing commercial areas in Tier 2 and Tier 3 lands,
mainly along the U. S. 1 corridor on Big Pine Key.
2. All new non-residential development will be limited to disturbed or scarified lands.
3. Allocation awards shall be allowed to exceed 2,500 square feet per site if located
within the designated Community Center Overlay as designated by Action Item
4.1.5.
4. New allocations shall be awarded moderate positive points to applicants who fulfill
the additional criterion set forth in Strategy 4.2 of the Livable CommuniKeys
Master Plan for Big Pine Key and No Name Key.
All new non-residential development within the planning area shall be exempt from
criterion 5, 6, 7, and 17 of Policy 101.5.5. Development that is exempt from NROGO will
not be subject to criteria 1 through 4 above.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-30
Objective 101.6
Monroe County shall expand the Monroe County Land Authority acquisition program to provide for
the purchase of land from property owners who have not been awarded building permit allocations
in the Permit Allocation System.
Policy 101.6.1
Monroe County, the state, or other acquisition agency shall, upon a property
owner's request, purchase the property for fair market value or permit the
minimum reasonable economic use of the property pursuant to Policy 101.6.5, if
the property owner meets the following conditions:
1. they have been denied an allocation award for four successive years in the
Residential (ROGO) or Non-residential (NROGO) Permit Allocation System;
2. their proposed development otherwise meets all applicable county state, and
federal regulations;
3. their allocation application has not been withdrawn;
4. they have complied with all the requirements of the Residential or Non-residential
Permit Allocation System; and
5. they follow the procedures for administrative relief contained in the land
development regulations.
As used in this Policy, "minimum reasonable economic use" shall mean, as
applied to any residentially zoned lot of record which was buildable immediately
prior to the effective date of the Plan, no less than a single-family residence. "Fair
market value" shall be an amount which is no less than ad valorem valuation in
the Monroe County Real Property Tax Roll for the year 1992.
Policy 101.6.2
By fiscal year 1998, the Monroe County Land Authority shall dedicate a minimum of 35
percent of its annual budget each year for the purpose of acquiring land from qualified
property owners as defined by Policy 101.6.1. Funds accumulated from this source shall
be reserved for the acquisition of land from qualified property owners, but may also be
used to acquire other properties when deemed appropriate by the Land Authority.
Policy 101.6.3
By January 4, 1998, Monroe County shall identify potential funding sources and seek
funding from state, federal, and/or private sources to be used for acquisition of land from
qualified property owners as defined by Policy 101.6.1.
Policy 101.6.4
The County will coordinate with DCA to ensure that DCA continues to support enhanced
land acquisition efforts in the Keys based on needs identified in this comprehensive plan.
This coordination shall ensure continued support of state acquisition efforts under CARL,
Preservation 2000 and the Florida Communities Trust programs. The County encourages
the Department to work at the state level to create a dedicated acquisition fund for Tier 1
lands on Big Pine Key and No Name Key based on the results of the Carrying Capacity
Study, the requirements of the incidental take permit and Habitat Conservation Plan and
the Master Plan for Big Pine Key and No Name Key. The County_and the Department will
also support appropriate legislative changes which will have the effect of enhancing the
Land Authority efforts throughout the County, and the South Florida Water Management
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-31
District's acquisitions on Big Pine Key. Similarly, cooperation will continue with private
acquisition efforts, such as The Nature Conservancy and the Florida Land and Sea Trust.
Policy 101.6.5
Monroe County, the state, or other acquisition agency shall pursue land
acquisition through voluntary purchase of lands from private property owners
denied a building permit through the Permit Allocation System, as the preferred
option for administrative relief pursuant to Policy 101.6.1, if the subject permit is
for development located within:
a designated Tier I area;
2. a designated Tier III Special Protection Area; or
3. a designated Tier III area on a non -waterfront lot suitable for affordable
housing.
Refusal of the purchase offer by a property owner shall not be grounds for the
granting of a ROGO or NROGO allocation award.
Policy 101.6.6
Monroe County shall preclude the granting of administrative relief in the form of the
issuance of a building permit for lands within the Florida Forever targeted acquisition or
Tier I lands areas unless, after 60 days from the receipt of a complete application for
administrative relief, it has been determined the parcel can not be purchased for
conservation purposes by any county, state or federal agency or any private entity. The
County shall routinely notify Department of Environmental Protection of upcoming
administrative relief request at least six (6) months prior to the deadline for administrative
relief.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-32
Objective 101.7
Monroe County shall evaluate potential redevelopment areas and prepare redevelopment plans
for areas determined to be in need of redevelopment. [9J-5.006(3Xb)2]
Policy 101.7.1
By January 4, 1998, Monroe County shall conduct a needs assessment of potential
redevelopment areas. This assessment shall analyze land use changes, property values,
structural conditions, business climate, renter/owner ratios, commercial and residential
vacancy rates, and other indicators of economic vitality and physical living conditions for
which information is available.
Policy 101.7.2
By January 4, 1998, Monroe County shall complete a community plan for Stock Island
which shall address redevelopment needs identified by the needs assessment of potential
redevelopment areas. Preparation and funding of this plan shall be coordinated with the
City of Key West.
Policy 101.7.3
By January 4, 1998, the Board of County Commissioners shall consider adopting a
Finding or Findings of Necessity as specified in the Florida Community Redevelopment
Act, Chapter 163, Part III, F.S. for any area or areas where such a Finding is deemed
appropriate and is supported by documented need.
Policy 101.7.4
By January 4, 1998, Monroe County shall prepare and adopt redevelopment plans for any
area or areas for which the Board of County Commissioners adopts a Finding of
Necessity.
Policy 101.7.5
Monroe County shall consider privately developed redevelopment plans if prepared in
conformance with Chapter 163, Part III, F. S. and approved by the Board of the County
Commissioners.
Policy 101.7.6
The Monroe County Planning Department, in coordination with the Office of Management
and Budget Grants Manager, shall solicit state and federal funds to meet specific
community needs for neighborhood revitalization and redevelopment identified by the
needs assessment of potential redevelopment areas.
Policy 101.7.7
Monroe County shall coordinate redevelopment efforts with interested citizens' groups, the
Monroe County Housing Authority, the Monroe County Sheriffs Department, and other
appropriate local, state and federal agencies.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-33
Objective 101.8
Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the
applicable provisions of the land development regulations and the Future Land Use Map, and
structures which are inconsistent with applicable codes and land development regulations. [9J-
5.006(3Xb)3]
Policy 101.8.1
Monroe County shall prohibit the expansion of non -conforming uses. [9J-5.006(3)(c)2]
Policy 101.8.2
Monroe County shall prohibit a non -conforming use to be changed to any other use unless
the new use conforms to all applicable provisions of the Future Land Use category and
zoning district in which it is located.
Policy 101.8.3
Monroe County shall prohibit the relocation of a structure in which a non -conforming use is
located unless the use thereafter conforms to the provisions of the Future Land Use
category and zoning district in which it is located.
Policy 101.8.4
With the exception of non -conforming uses located in the Mixed Use/Commercial Fishing
Future Land Use category, if a structure in which a non -conforming use is located is
damaged or destroyed so as to require substantial improvement, then the structure may
be repaired or restored only for uses which conform to the provisions of the Future Land
Use category and zoning district in which it is located. [9J-5.006(c)2]
Policy 101.8.5
Substantial improvement is defined as any repair, reconstruction or improvement of a
structure, the cost of which equals or exceeds fifty percent of the pre -destruction market
value of the structure. Improvements to historic sites, and improvements to meet health,
sanitary or safety code specifications are not considered substantial improvements. [9J-
5.006(3Xc)2]
Policy 101.8.6
Non -conforming uses existing as of September 15, 1986 and located within the Mixed
Use/Commercial Fishing category, as indicated on the Future Land Use Map, may be
rebuilt if damaged or destroyed, provided that they are rebuilt to the preexisting use,
building footprint and configuration without increase in density or intensity of use.
Policy 101.8.7
Monroe County shall prohibit the re-establishment of non -conforming uses which have
been discontinued or abandoned. [9J-5.006(3Xc)2]
Policy 101.8.8
Enlargements and extensions to non -conforming structures shall be allowed, provided
that:
1. the improvement does not constitute a substantial improvement;
2. a non -conforming use is not located in the non -conforming structure; and
3. the nonconformity is not further violated.
Monitoring and (_valuation Procedures Adoption Date: June 29, 2010 5-34
Policy 101.8.9
A non -conforming structure, other than a locally or nationally registered historic structure,
shall not be moved unless it thereafter shall conform to the applicable provisions of the
Monroe County Code.
Policy 101.8.10
With the following exception, non -conforming structures which are damaged or destroyed
so as to require substantial improvement shall be repaired or restored in conformance with
all applicable provisions of the current Monroe County Code. Substantial improvement or
reconstruction of non -conforming single-family homes shall comply with the setback
provisions of the Monroe County Land Development Regulations except where strict
compliance would result in a reduction in lot coverage as compared to the pre -destruction
footprint of the house. In such cases, the maximum shoreline setback shall be maintained
and in no event, shall the shoreline setback be less than ten (10) feet from mean height
water.
Policy 101.8.11
Existing manufactured homes which are damaged or destroyed so as to require
substantial improvement shall be required to meet the most recent HUD standards, and
the floodplain management standards set forth by FEMA.
Policy 101.8.12
If a non -conforming structure is abandoned, then such structure shall be removed or
converted to a conforming structure.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-35
Obiective 101.9
Monroe County shall provide for drainage and stormwater management so as to protect real and
personal property and to protect and improve water quality. [9J-5.006(3Xb)4]
Policy 101.9.1
Upon adoption of the Comprehensive Plan, Monroe County shall adopt and implement
the level of service standards for stormwater management established in Drainage Policy
1001.1.1. These level of service standards ensure that at the time a development permit
is issued, adequate stormwater management facilities are available to support the
development concurrent with the impacts of such development. (See Drainage Objective
1001.1 and related policies.) [9J-5.006(3)(c)4]
Policy 101.9.2
By January 4, 1997, Monroe County shall adopt a Stormwater Management Ordinance.
This ordinance shall require that all improvements for replacement, expansion or increase
in capacity of drainage facilities conform with the adopted level of service standards for
new development. (See Drainage Objective 1001.1 and related policies.) [9J-
5.006(3Xc)4]
Policy 101.9.3
Monroe County shall maintain a five-year schedule of capital improvement needs for
drainage facilities as part of the Capital Improvement Program. This schedule shall be
updated annually. (See Drainage Objective 1001.2 and related policies.) [9J-5.006(3Xc)4]
Policy 101.9.4
The County shall use the adopted Stormwater Management Master Plan as a guide for
stormwater management to protect personal property and to protect and improve water
quality.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-36
Objective 101.10
Monroe County shall work cooperatively with Dade County to encourage land use planning and
development controls which shall protect the recharge area of the Florida City Wellfield from
potential sources of groundwater contamination. [9J-5.006(3Xb)4]
Policy 101.10.1
Protection of the Florida City Wellfield shall be accomplished through continued
implementation of the Dade County Wellfield Protection Ordinance and the water supply
policies of the SFWMD. [9J-5.006(3)(c)6]
Policy 101.10.2
By January 4, 1998, Monroe County shall seek an interlocal agreement with Dade County.
This agreement shall provide Monroe County with an opportunity to comment on land use
and regulatory issues related to the Florida City Wellfield, aquifer and aquifer recharge
area. It shall set forth procedures for review of land use and regulatory activities identified
as having potentially significant impacts on the aquifer recharge and water supply
systems. Criteria for determination of significant impacts shall be included in the interiocal
agreement. [9J-5.006(3Xc)6]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-37
Obiective 101.11
Monroe County shall implement measures to direct future growth away from environmentally
sensitive land and towards established development areas served by existing public facilities. [9J-
5.006(3Xb)4 and 7]
Policy 101.11.1
By January 4, 1997, Monroe County shall adopt Land Development Regulations which
establish a Point System to encourage a compact pattern of development (See Objective
101.5 and supporting policies).
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Monitoring and E-valuation Procedures Adoption Date: June 29, 2010 5-38
Objective 101.12
Monroe County shall ensure that sufficient acreage is available for utilities and public facilities,
including education and public health facilities, required to support proposed development and
redevelopment. [9J-5.006(3)(b)8]
Policy 101.12.1
By January 4, 1997, Monroe County shall adopt a Concurrency Management System in
accordance with Policy 1401.4.5 of the Capital Improvements Element to ensure that
facilities required to provide utility services to new development in order to maintain
adopted LOS standards are authorized at the same time that new development is
authorized. [9J-5.006(3Xc)3]
Policy 101.12.2
Monroe County shall, on an annual basis during the preparation of the Concurrency
Management Report, coordinate with the Municipal Services District, the Florida Keys
Aqueduct Authority, City Electric System and the Florida Keys Electric Cooperative to
determine the acreage and location of land needed to accommodate projected service
expansions. [9J-5.006(3Xc)3]
Policy 101.12.3
Monroe County shall, on an annual basis during the preparation of the Concurrency
Management Report, coordinate with the Monroe County School Board, Fire Marshall and
Sheriffs Department to identify potential acquisition sites required to accommodate
projected expansions in education and public service facilities. [9J-5.006(3Xc)3]
Policy 101.12.4
Monroe County shall require that the following analyses be undertaken prior to
finalizing plans for the siting of any new or the significant expansion (greater than
25 percent) of any existing public facility:
1. assessment of needs;
2. evaluation of alternative sites and design alternatives for the alternative
sites; and,
3. assessment of direct and secondary impacts on surrounding land uses
and natural resources.
The assessment of impacts on surrounding land uses and natural resources will
evaluate the extent to which the proposed public facility involves public
expenditures in the coastal high hazard area and within environmentally sensitive
areas, including disturbed salt marsh and buttonwood wetlands, undisturbed
beach berm areas, units of the Coastal Barrier Resources System, undisturbed
uplands (particularly high quality hammock and pinelands), habitats of species
considered to be threatened or endangered by the state and/or federal
governments, offshore islands, and designated Tier I areas.
Except for passive recreational facilities on publicly -owned land, no new public
community or utility facility other than water distribution and sewer collection lines
or pump/vacuum/lift stations shall be allowed within Tier I designated areas or
Tier III Special Protection Area unless it can be accomplished without clearing of
hammock or pinelands. Exceptions to this requirement may be made to protect
the public health, safety, and welfare, if all the following criteria are met:
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-39
No reasonable alternatives exist to the proposed location; and
2. The proposed location is approved by a supermajority of the Board of County
Commissioners.
The site of the Key Largo Wastewater Treatment Facility (located at mile marker
100.5) with an allowed clearing of up to 4.2 acres shall not be subject to this
policy.
Policy 101.12.5
Monroe County shall coordinate the siting of new public facilities with the appropriate local,
state and federal agencies to resolve potential regulatory conflicts and ensure compliance
with all applicable state and federal regulations. [9J-5.006(3)(c)2 and 6]
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Objective 101.13
Monroe County shall adopt innovative Land Development Regulations which implement the
Goals, Objectives and Policies of the Comprehensive Plan. Such regulations shall include a
Permit Allocation System for residential and non-residential development and revisions to the
existing Transferable Development Rights (TDR) regulations to address existing deficiencies in the
TDR program. [9J-5.006(b)9]
Policy 101.13.1
By January 4, 1997, Monroe County shall adopt Land Development Regulations which
establish a Permit Allocation and Point System for new residential and non-residential
development (See Policies 101.2.1, 101.3.1, and 101.5.1).
Policy 101.13.2
By January 4, 1998, Monroe County shall evaluate the existing TDR program and adopt
Land Development Regulations which address identified deficiencies in the program. The
following issues shall be considered in evaluating the program:
revision to the current tax policy whereby owners of sites which have transferred
development rights continue to pay taxes on such rights until development orders
have been issued for the transferred rights at the receiver sites;
2. establishment of criteria for designation of sender and receiver sites based upon
factors such as the environmental characteristics of the land;
3. establishment of mechanisms to enhance the value and marketability of TDRs
such as assigning density bonuses to receiver sites;
4. clarification of the status of sites which have transferred development rights,
including the possible requirements that sender sites be dedicated as public or
private open space through conservation easement or other mechanism. At a
minimum, the LDRs shall be revised to require that a restrictive covenant be
recorded on the sender site deed at the time of the Allocation Award for the Permit
Allocation System; and
5. establishment of a management and accounting system to tract TDRS
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-40
Policy 101.13.3
The Maximum Net Density is the maximum density allowable with the use of TDRs, and
shall not exceed the maximum densities established in this plan. The assignment of TDRs
to Big Pine Key, No Name Key, and North Key Largo from other areas of the County shall
be prohibited.
Policy 101.13.4
In conjunction with the evaluation of the existing TDR program pursuant to Policy
101.13.2, parcels within the following habitats and land use districts shall be designated as
sender sites for Transferable Development Rights (TDRs):
Any parcel within these zoning categories:
Offshore Island (OS) Sparsely Settled (SS)
Main land Native (MN) Parks and Refuge (PR)
Native (NA) Conservation (C)
Habitat of the following types which lie within any zoning category:
Freshwater wetlands
Saltmarsh/Buttonwood wetlands
High quality high hammock
High quality low hammock
Moderate quality high hammock
Moderate quality low hammock
High quality pinelands
Low quality pinelands
Beach/berm
Palm Hammock
Cactus Hammock
Disturbed Wetlands
Policy 101.13.5
In conjunction with the evaluation of the TDR program pursuant to Policy 101.13.2 and no
later than one year from the date when the County's Geographic Information System is
fully functional, Monroe County shall map potential TDR sender and receiver sites as
specked in Policy 101.13.4, and shall map parcels from which development rights have
been transferred. These maps shall be updated as necessary and made available to
Growth Management staff and public for use in the development review process.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-41
Objective 101.14
By January 4, 1997, Monroe County shall adopt Land Development Regulations which direct
future growth away from areas subject to periodic flooding.
Policy 101.14.1
Monroe County shall discourage developments proposed within the Coastal High Hazard
Area (CHHA) [9J-5.006(3Kc)1]
Policy 101.14.2
Monroe County shall prohibit the placement of mobile homes within the CHHA except on
an approved lot within an existing mobile home park or subdivision zoned for such use.
[9J-5.012(3xc)3]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-42
Obiective 101.15
Monroe County shall enforce and update the existing Sign Ordinance in order to maintain and
improve the visual character of the County and protect adjacent land uses.
Policy 101.15.1
By January 4, 1998, Monroe County shall complete an evaluation of the existing Sign
Ordinance and adopt revisions to the Land Development Regulations required to correct
identified deficiencies and eliminate non -conforming signage conditions. [9J-5.006(3Xc)1]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-43
Obiective 101.16
By January 4, 1998, Monroe County shall adopt guidelines and criteria consistent with nationally
recognized standards and tailored to local conditions which provide for safe and convenient on -site
traffic flow, adequate pedestrian ways and sidewalks, and sufficient on -site parking for both
motorized and non -motorized vehicles.
Policy 101.16.1
By January 4, 1998, Monroe County shall adopt Land Development Regulations which
provide for safe and convenient on -site traffic flow, adequate pedestrian ways and
sidewalks, and sufficient on -site parking for both motorized and non -motorized vehicles.
[9J-5.006(3)(c)4]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-44
Objective 101.17
Monroe County shall create and maintain a County Geographic Information System (GIS) to
provide an up-to-date database for use in implementing the .goals, objectives and policies of the
Comprehensive Plan.
Policy 101.17.1
By January 4, 1997, the Monroe County Growth Management staff shall create an up-to-
date socioeconomic and physical database linked to the County Geographic Information
System (GIS) for use in managing future land use. The database shall incorporate 1990
Census information.
Policy 101.17.2
The Monroe County Growth Management staff shall, on a quarterly basis, update the GIS
and associated databases to incorporate new or updated information such as
development activity, zoning changes, updated Census data, new natural resource
information, etc.
Policy 101.17.3
Monroe County shall continue to share data with the Florida Keys Aqueduct Authority, City
Electric System, South Florida Water Management District, and other agencies for use in
GIS applications.
Policy 101.17.4
The Monroe County Growth Management Division shall coordinate with the Property
Appraiser's Office to ensure existing land uses and densities and intensities of use are
accurately reflected in the County's database.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-45
Obiective 101.18
Monroe County hereby adopts the following procedures and criteria for the determination of vested
rights and beneficial use and for the effect of such determinations.
Policy 101.18.1
A determination of vested rights and beneficial use shall require:
appointment of a hearing officer who shall give notice, schedule, and conduct a
public hearing on the application;
2. the preparation of a proposed Determination including findings of fact and
conclusions of law which shall be submitted to the Board of County
Commissioners; and
3. a final Determination that shall specify the development rights that are vested or
the beneficial use to which the landowner is entitled, including:
a) the geographic scope of the Determination in relation to the total area of
the development site;
b) the duration of the Determination and an expiration date;
c) the substantive scope of the Determination, including, but not limited to,
whether the development is vested for density, concurrency, and building
permit allocation;
d) the applicability of existing and future County land development
regulations;
e) verification that construction timely commences and quarterly reporting
requirements to ensure that the development is continuing in good faith;
and
f) such other limitations and conditions necessary to assure compliance with
the Comprehensive Plan.
Policy 101.18.2
1. Property owners shall have one (1) year from the effective date of the
Comprehensive Plan to apply for a determination of vested rights.
2. A determination of vested rights shall be based upon one or more valid, unexpired
permits or approvals issued by Monroe County prior to the effective date of this
Comprehensive Plan. The determination of vested rights shall be limited to the
development expressly contemplated by said permits or approvals and to those
aspects of development which meet the standards and criteria of subsection 2 of
this Policy.
3. The applicant for a vested rights determination shall have the burden of proving
that:
a) the applicant has reasonably relied upon an official act by the County. For
the purposes of a vested rights determination pursuant to this
Comprehensive Plan, any of the following may constitute an official act:
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-46
(1) one or more valid, unexpired permits or approvals issued by
Monroe County, provided that the zoning or land use designation
of property shall not be deemed to constitute a permit or approval
for the purpose of a determination of vested rights; or
(2) a subdivision plat recorded in the official records of Monroe
County which fulfills the criteria established in Section 380.05(18),
F.S.; or
(3) an unexpired determination of vested rights granted by the
County in accordance with Section 9.5-181 through 9.5-184 of
the Monroe County Land Development Regulations in effect as of
September 15, 1986; or
(4) a valid, unexpired building permit issued prior to the effective date
of this Comprehensive Plan; and
b) the applicant acting in good faith, has made such a substantial change of
position or has incurred such extensive obligations and expenses that it
would be highly inequitable or unjust to affect such rights by requiring the
applicant to now conform to the comprehensive plan and land
development regulations. Substantial changes of position or expenditures
incurred prior to the official County act upon which the vested rights claim
is based shall not be considered in making the vested rights
determination; and
c) that the development has commenced and has continued in good faith
without substantial interruption.
4. From and after the effective date of this Comprehensive Plan, landowners with a
valid, unexpired Development of Regional Impact approval granted by the
County shall be vested, but only with respect to the portion of the
Development of Regional Impact expressly covered by such approval.
Policy 101.18.3
A vested rights determination shall not preclude the County from subjecting the proposed
development to County land development regulations in effect on the date of the vested
rights determination or adopted subsequent to the vested rights determination unless the
development is shown to be vested with regard to the subject matter addressed by a prior
development order and the specific requirements pursuant to the procedures and criteria
of 101.18.1 and 101.18.2.
Policy 101.18.4
A vested rights determination shall specify an expiration date by which all building permits
necessary for development shall have been issued. The expiration date shall be
reasonable and in no event later than the date specked in the original development order.
Policy 101.18.5
1. It is the policy of Monroe County that neither the provisions of this Comprehensive
Plan nor the Land Development Regulations shall deprive a property owner of all
reasonable economic use of a parcel of real property which is a lot or parcel of
record as of the date of adoption of this Comprehensive Plan. Accordingly,
Monroe County shall adopt a beneficial use procedure under which an owner of
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-47
real property may apply for relief from the literal application of applicable land use
regulations or of this plan when such application would have the effect of denying
all economically reasonable use of that property unless such deprivation is shown
to be necessary to prevent a nuisance or to protect the health, safety and welfare
of its citizens under Florida taw. For the purpose of this policy, all reasonable
economic use shall mean the minimum use of the property necessary to avoid a
taking within a reasonable period of time as established by current land use case
law.
2. The relief to which an owner shall be entitled may be provided through the use of
one or a combination of the following:
a) granting of a permit for development which shall be deducted from the
Permit Allocation System;
b) granting of use of transferable development rights (TDRs);
c) Government purchase of all or a portion of the lots or parcels upon which
all beneficial use is prohibited. This atemative shall be the preferred
alternative when beneficial use has been deprived by application of
Division 8 of the Land Development Regulations;
d) such other relief as the County may deem appropriate and adequate.
The relief granted shall be the minimum necessary to avoid a 'taking" of the
property under state and federal law.
3. Development approved pursuant to a beneficial use determination shall be
consistent with all other objectives and policies of the Comprehensive Plan and
Land Development Regulations unless specifically exempted from such
requirements in the final beneficial use determination.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-48
Objective 101.19
Monroe County recognizes that there presently exists a significant excess of platted residential
subdivision lots relative to the County's carrying capacity based upon hurricane evacuation, traffic
circulation, water quality and marine resources, and other level of service standards. The County
further recognizes that lot owners who are unaware that they will be subject to the
Cot.lntys land development regulations may have unrealistic expectations concerning their ability
to receive building permits. In order to avoid, to the extent possible, further unrealistic development
expectations, Monroe County shall not approve a preliminary or final plat unless development of
the plat would meet all of the requirements of Monroe County's land development regulations
including, but not limited to, minimum area requirements for a single-family residence. Under no
circumstances shall Monroe County approve a plat which creates an unbuildable lot.
Policy 101.19.1
The County shall not approve plats for residential use unless a review of the proposed plat
shows that the plat will meet all requirements of the comprehensive plan and land
development regulations. [9J-5.006(3Xc)1]
Policy 101.19.2
Monroe County shall require that, upon approval, all plats include the following notice:
NOTICE TO LOT PURCHASERS AND ALL OTHER CONCERNED INDIVIDUALS
Purchase of a platted lot shown hereon confers no right to build any structure on such lot,
nor to use the lot for any particular purpose, nor to develop the lot. The development or
use of each lot is subject to, and restricted by, the goals, objectives, and policies of the
adopted comprehensive plan and land development regulations implementing the plan;
therefore, no building permits shall be issued by the County unless the proposed
development complies with the comprehensive plan and land development regulations.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-49
Obiective 101.20
Monroe County shall address local community needs while balancing the needs of all Monroe
County communities. These efforts shall focus on the human crafted environment and shall be
undertaken through the Livable CommuniKeys Planning Program.
Policy 101.20.1
Monroe County shall develop a series of Community Master Plans. Master Plans will be
developed in accordance with the following principles:
1. Each Community Master Plan will contain a framework for future development
and redevelopment including the designation of growth boundaries and future
acquisition areas for public spaces and environmental conservation;
2. Each Community Master Plan will include an Implementation Strategy composed
of action items, an implementation schedule, and a monitoring mechanism to
provide accountability to communities;
3. Each Community Master Plan will be consistent with existing Federal and State
requirements and overall goals of the 2010 Comprehensive Plan to ensure legal
requirements are met. While consistency with the goals of the 2010
Comprehensive Plan is paramount, the 2010 Plan will be updated and amended
where appropriate;
4. Each Community Master Plan will be closely coordinated with other community
plans and other jurisdictions to ensure development or redevelopment activities
will not adversely impact those areas;
5. Each Community Master Plan will include appropriate mechanisms allowing
citizens continued oversight and involvement in the implementation of their plans.
Through the Community Master Plans, programs for ongoing public involvement,
outreach, and education will be developed;
6. Each Community Master Plan will include a Capital Improvements program to
provide certainty that the provision of public facilities will be concurrent with future
development;
7. Each Community Master Plan will contain an environmental protection element to
maintain existing high levels of environmental protection as required in the 2010
Comprehensive Plan;
8. Each Community Master Plan will include a community character element that will
address the protection and enhancement of existing residential areas and the
preservation of community character through site and building guidelines. Design
guidelines for public spaces, landscaping, streetscaping, buildings, parking lots,
and other areas will be developed through collaborative efforts of citizens, the
Planning Department, and design professionals reinforcing the character of the
local community context;
9. Each Community Master will include an economic development element
addressing current and potential diversified economic development strategies
including tourism management. The preservation and retention of valued local
businesses, existing economies, and the development of economic alternatives
will be encouraged through the process;
10. Each Community Master Plan will contain a Transportation Element addressing
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-50
transportation needs and possibilities including circulation, safe and convenient
access to goods and services, and transportation alternatives that will be
consistent with the overall integrity of the transportation system not resulting in
negative consequences for other communities; and
11. Each Community Master Plan will be based on knowledge of existing conditions
in each community. The Planning Department will compile existing reports,
databases, maps, field data, and information from other sources supplemented by
community input to document current conditions; and
12. Each Community Master Plan will simplify the planning process providing clarity
and certainty for citizens, developers, and local officials by providing a transparent
framework for a continuing open dialogue with different participants involved in
planning issues.
Policy 101.20.2
The Community Master Plans shall be incorporated into the 2010 Comprehensive Plan as
a part of the plan and be implemented as part of the Comprehensive Plan. The following
Community Master Plans have been completed in accordance with the principles outlined
in this section and adopted by the Board of County Commissioners:
Master Plan for Future Development of Big Pine Key and No Name Key, dated
August 2004 and adopted by the Board of County Commissioners on August 18,
2004 is incorporated by reference into the 2010 Comprehensive Plan. The term
Strategies in the Master Plan is equivalent to the term Objectives in the
Comprehensive Plan and the term Action Item is equivalent to the term Policy; the
meanings and requirements for implementation are synonymous.
2. The Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 dated
February 11, 2005 and adopted by the Board of County Commissioners on February
16, 2005 is incorporated by reference into the 2010 Comprehensive Plan. The term
Strategies in the Master Plan is equivalent to the term Objective in the Comprehensive
Plan and the term Action Item is equivalent to the term Policy; the meanings and
requirements for implementation are synonymous.
3. The Stock Island/Key Haven Livable CommuniKeys Plan Volume I is incorporated by
reference into the 2010 Comprehensive Plan. The term Strategies in this Master Plan
is equivalent to the term Objectives in the Comprehensive Plan and the term Action
Item is equivalent to the term Policy; the meanings and requirements for
implementation are synonymous.
4. Volume Two (2) of the Stock Island and Key Haven Livable CommuniKeys Master
Plan titled Harbor Preservation/Redevelopment and Corridor Enhancement Plan
dated November 2005 and incorporated by reference into the 2010 Comprehensive
Plan. The term Strategies in this Master Plan is equivalent to the term Objectives in
the Comprehensive Plan and the term Action Item is equivalent to the term Policy; the
meanings and requirements for implementation are synonymous.
5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into
the 2010 Comprehensive Plan. The term Strategies in the Master Plan is equivalent to
the term Objectives in the Comprehensive Plan and the term Action Item is equivalent
to the term Policy; the meanings and requirements for implementation are
synonymous.
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-51
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-52
GOAL 102
Monroe County shall direct future growth to lands which are intrinsically most suitable for
development and shall encourage conservation and protection of environmentally sensitive lands.
[9J-5.006(3)(a)]
Objective 102.1
Upon adoption of the Comprehensive Plan, Monroe County shall require new development to
comply with environmental standards and environmental design criteria which will protect disturbed
wetlands, native upland vegetation and beach/berm areas. [9J-5.006(3Xb)1 and 4]
Policy 102.1.1
The County shall protect submerged lands and wetlands. The open space requirement
shall be one hundred (100) percent of the following types of wetlands:
1. submerged lands 2. mangroves 3. salt ponds 4. fresh water wetlands
5. fresh water ponds 6. undisturbed salt marsh and buttonwood wetlands
Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and
undisturbed salt marsh and buttonwood wetlands only for use as transferable
development rights away from these habitats. Submerged lands, salt ponds, freshwater
ponds, and mangroves shall not be assigned any density or intensity. [9J-5.006(3) (c) 1
and 6]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-53
Objective 102.2
Upon adoption of the Comprehensive Plan, Monroe County shall adopt revisions to the
Environmental Standards (Section 9.5-335) and Environmental Design Criteria (Section 9.5-345)
of the Land Development Regulations. These revisions will require new development to further
protect disturbed wetlands, native upland vegetation and beach/berm areas. [9J-5.006(3Xb)1 and
4]
Policy 102.2.1
Monroe County shall adopt revised environmental standards and environmental design
criteria as indicated in Conservation and Coastal Management Policy 204.2.6. These
revised standards and criteria will eliminate the net loss of disturbed wetlands. Where
possible, on -site mitigation shall be required in order to offset any loss of disturbed
wetlands by requiring revegetation of an area equal or greater in size than the area
proposed for fill. If on -site mitigation is not possible, restoration fees shall be paid pursuant
to a wetlands restoration fund. [9J-5.006(3Xc)1 and 6; also see Policy 204.3.1 and
204.3.4]
Policy 102.2.2
Monroe County shall adopt revised environmental standards and environmental design
criteria as indicated in policies adopted pursuant to Conservation and Coastal
Management Objective 205.2. These revised standards and criteria will protect native
upland vegetation and promote restoration of habitat values of native upland communities,
including hardwood hammocks and pinelands. [9J-5.006(3Xc)6]
Policy 102.2.3
Monroe County shall adopt revised environmental standards and environmental design
criteria as indicated in policies adopted pursuant to Conservation and Coastal
Management Objective 206.1. These revised standards and criteria will protect
beach/berm resources. They will address permitted uses, siting of structures,
disturbances, removal of invasive vegetation, and restoration of native vegetation in
beach/berm areas. [W-5.006(3)(c)1 and 6]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-54
Objective 102.3
By January 4, 1997, Monroe County shall adopt Land Development Regulations which will direct
new development to areas having appropriate topography and soil conditions and to where site
disturbance and man's activities will have fewer adverse effects on natural vegetation, terrestrial
wildlife, natural landforms and marine resources. [9J-5.006(3)(b)1 and 4]
Policy 102.3.1
The Permit Allocation System (See Future Land Use Objectives 101.2 through 101.4 and
related policies) shall have the following environmental protection goals:
1. to reduce the exposure of residents to natural hazards;
2. to reduce disturbances to natural vegetation resource areas;
3. to reduce disturbances to terrestrial wildlife resources areas;
4. to reduce impacts of new development on nearshore waters;
5. to protect environmentally sensitive lands appropriate for conservation and
resource protection;
6. to encourage infill development where existing lands are already substantially
developed, served by complete infrastructure facilities and within close proximity to
established commercial areas and have few sensitive or significant environmental
features;
7. to ensure that the ecological integrity of natural areas is protected when land is
developed; and
8. to reduce adverse impacts on endangered and threatened species.
Accordingly, the Point System, which shall be used as the basis for the annual allocation of
permits, shall assign negative and/or positive points to development applications that help
to achieve the above environmental protection goals. (See Future Land Use Objective
101.5 and related policies for a list of positive and negative factors to be included in the
Permit Allocation System.) [9J-5.006(3)(c)1 and 6]
Policy 102.3.2
Monroe County shall require development clustering so as to avoid impacts on sensitive
habitats and to provide for the preservation of all required open space in a contiguous,
non -fragmented condition by requiring the following:
1. when a parcel proposed for development contains more than one (1) habitat type,
all development shall be clustered on the least sensitive portion(s) of the parcel (as
is currently required): and
2. development permitted on the least sensitive portion(s) of a parcel shall be
clustered within that portion(s) of the parcel. (See Conservation and Coastal
Management Policy 205.2.3). [9J-5.013(2xc)3]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-55
Obiective 102.4
Monroe County in cooperation with the state and other acquisition agencies shall prepare a Land
Acquisition Master Plan by July 1, 2005 containing a strategy for securing funding, and a
determination of those sources considered appropriate for acquisition and management of
conservation lands, retirement of development rights and identification and purchase of sites for
affordable and employee housing and recreational purposes. Acquisition priorities should be
consistent with the tiered system adopted by this plan and as required by the State Work Program
in Policy 101.2.13 in order to identify lands appropriate for voluntary purchase consistent with the
comprehensive plan policies. [9J-5.006(3Xb)4, 10 and 9J-5.010(2Xc)3]
Policy 102.4.1
The Monroe County Land Acquisition Master Plan shall be developed and implemented
by the Growth Management Division, in cooperation with the Monroe County Land
Authority, FDEP, FDCA, FWC, USFWS and other responsible federal and state agencies.
[9J-5.006(3Xc)4 and 6]
Policy 102.4.2
The Land Authority and the Growth Management Division shall identify the types of lands
which shall be considered for acquisition. These shall include, at a minimum:
designated Tier I (Natural Areas) lands as defined in Policy 105.2.1.1, which shall
include all contiguous hammock or pineland areas above four acres in area;
2. restoration areas between fragmented hammocks to increase the contiguous
hammock size and buffers where appropriate and lands containing naturally
occurring and native habitats;
3. fresh water wetlands, and undisturbed salt marsh, and buttonwood
wetlands that are required open space under Policy 102.1.1;
4. patches of upland native vegetation of one acre or greater in area in Tier
III, designated as Special Protection Areas, that provide habitat for small
birds and animals and contribute to the quality of the neighborhoods;
5. lands containing unique geologic features;
6. lands whose conservation would enhance or protect water quality or would protect
fish or wildlife habitat, which cannot be adequately protected through local, state
and federal regulatory programs;
7. lands in Tier III for employee and affordable housing that do not involve
the clearing of any upland native vegetation contained within a patch of
one acre or greater;
8. lands which can be used, without adverse impacts on natural resources, for
community and neighborhood parks and/or public beaches water access;;
9. lands which offer the opportunity for preservation of significant
archaeological or historical sites; and
10. lands with habitat value on Big Pine Key and No Name Key to meet mitigation
requirements of the Big Pine Key and No Name Key Habitat Conservation Plan
[9J-5.0006(3Xc)4 and 6]
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-56
Policy 102.4.3
The Land Authority and Growth Management Division shall develop a priority list of
acquisition sites. This list shall be updated annually with public input. In formulating this
list, the County shall prioritize Tier I lands over Tier II (Big Pine Key and No Name Key) and
Tier III lands. Outside the boundaries of Tier I, land with fragmented hammocks or
pinelands of greater than one -acre in area and wetlands identified in Policy 102.4.2, 2 shall
be the second highest priority for acquisition. Acquisition of land for affordable housing in
Tier III that does not involve any clearing within an upland tropical hammock or pineland of
one acre or greater in area shall also be a top priority. [9J-5.006(3Xc)4 and 6]
Policy 102.4.4
The Monroe County Land Acquisition Master Plan shall contain an acquisition financing
plan which identifies sources of funding for acquisition of lands on the Priority List. Land
acquisition will be a coordinated effort between the state and federal governments and the
County. The County shall petition the state and federal government to accept primary
responsibility for acquisition of Tier I, conservation and natural lands. The County shall be
responsible for purchases in Tier II (Big Pine Key and No Name Key) and in Tier III of
wetlands and fragmented hammock or pineland areas of one -acre or greater. Land
acquisition for other priorities depends upon funding availability, need and future use.
[9J-5.006(3Xc)4 and 6]
Policy 102.4.5
An intergovernmental organization and management structure shall be developed to
implement the expanded acquisition program, including representatives of the Growth
Management Division, Land Authority, municipalities and state and federal agencies. [9J-
5.006(3Xc)4 and 6]
Policy 102.4.6
The Monroe County Land Acquisition Master Plan shall contain policies to direct the
overall acquisition program, criteria to follow when setting priorities for acquisition and a
framework for the acquisition process and the sharing of responsibilities. At a minimum the
plan shall include the following:
Environmental protection, density reduction and passive recreation:
a) public acquisition, ownership and maintenance will be the preferred
option for Tier I lands and for clusters of undisturbed wetland and tropical
hardwood hammock, or pineland patches of one acre or greater in size in
Tier II (Big Pine and No Name Key) and Tier III;
b) buy/sell back to the adjacent property owner's option will be followed in
Tier II, where sprawl and density reduction and mitigation requirements of
the Habitat Conservation Plan for Big Pine Key and No Name Key are the
prime impetus for land purchase. A higher priority for acquisition will be
given to those parcels in Tier II (Big Pine and No Name Key) with
neighboring properties owners or communities who want to partner with
the county to purchase the lots and take responsibility for maintenance
and protection of any areas of native vegetation;
c) purchased lands that can also provide needed recreational opportunities
will be identified in coordination with the Parks and Recreation Board and
a plan for utilization developed;
d) non -purchase options will also be explored and specific
recommendations included;
e) criteria for the ranking of land acquisitions within the different priority areas
will include 1) the size and the location of the property and surrounding
land uses including management status, 2) minimization of the edge to
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-57
area ratio of parcels by combining lots for acquisition, 3) potential for
successful reclamation if within a larger, better hammock quality area, and
4) maintenance costs for isolated parcels.
2. Affordable and employee housing:
a) parcels in Tier III suitable for the development or redevelopment of six or more
residential units will be identified and prioritized for acquisition;
b) priority for acquisition will be given to projects that are ready to proceed with
ROGO allocations available;
c) public/private/non-profit partnerships and/or agreements will be utilized to
develop the site and maintain the affordability of residential units in perpetuity.
Policy 102.4.7
Lands acquired through the Monroe County Land Acquisition Program shall be managed
to restore, preserve, and protect the conservation, recreation, density reduction and
affordability purposes for which the lands were acquired. (See Recreation and Open
Space Objective 1201.11 and related policies.) [9J-5.006(3Xc)4 and 6]
Objective 102.5
Monroe County shall develop and implement a water quality protection program. This program
shall address existing sources of water pollution in nearshore waters of the Florida Keys. It shall
be undertaken in cooperation with EPA, DER, SFWMD, and NOAA, and shall be part of the
Florida Keys National Marine Sanctuary. [9J-5.006(3Xb)4]
Policy 102.5.1
Monroe County shall develop and implement permitting, inspection, and enforcement
procedures designed to reduce pollutant discharges into ground and surface waters from:
on -site disposal systems (by January 4, 1998) (See Sanitary Sewer Goal 901 and
related objectives and policies);
2. secondary sewage treatment plants and injection wells (by January 4, 1998) (See
Sanitary Sewer Goal 901 and related objectives and policies);
3. moored/anchored vessels (liveaboards) in near -shore waters (by January 4,
1998) (See Conservation and Coastal Management Objective 202.4 and related
policies);
4. marinas and fueling facilities (by January 4, 1998) (See Conservation and Coastal
Management Element Objective 202.5 and related policies); and
5. stormwater runoff (by January 4, 1997) (See Drainage Goal 1001 and related
objectives and policies). [9J-5.006(3)(c)4 and 6]
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Policy 102.5.3
By January 4, 1998, Monroe County shall develop and implement a boating impacts
management program designed to reduce adverse impacts on water quality and living
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-58
marine resources associated with recreational boating. (See Conservation and Coastal
Management Objective 203.6 and related policies.) [9J-5.006(3Xc)4 and 6]
Policy 102.5.4
By January 4, 1997, Monroe County shall adopt revisions to the Monroe County Land
Development Regulations which will implement county policies controlling pollutant
discharges into surface waters from dredge and fill activities. (See Conservation and
Coastal Management Objective 202.8 and related policies.) [W-5.006(3)(c)4 and 6]
Policy 102.5.6
By January 4, 1998, Monroe County shall take actions to promote mosquito control
techniques which will reduce the entry of pollutants from aerial pesticide applications into
ground and surface waters in concert with ongoing efforts of EPA and the Florida Keys
National Marine Sanctuary. (See Conservation and Coastal Management Objective
202.11 and related policies.) [9J-5.006(3)(c) 4 and 6]
Policy 102.5.7
Monroe County shall support and encourage efforts by DER and HRS to continue to
undertake activities designed to reduce pollutant discharges into ground and surface
waters from aboveground and underground fuel storage tanks. (See Conservation and
Coastal Management Objective 202.12 and related policies.) [9J-5.006(3Xc)4 and 6]
Policy 102.5.8
By January 4, 1998, Monroe County shall undertake activities which support existing state
and federal laws pertaining to the handling, transportation and disposal of hazardous
wastes. (See Solid Waste Objective 801.5 and related policies.) [9J-5.006(3)(c) 4 and 6]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-59
Objective 102.6
Development of the mainland area of Monroe County shall be controlled so as to reduce public
expenditures and to preserve the wilderness state of the area, as defined under the Wilderness
Act. [9J-5.006(3Xb)4]
Policy 102.6.1
Monroe County hereby incorporates by reference the existing management plans for
Everglades National Park and Big Cypress National Preserve (U.S. Department of the
Interior, National Park Service, 1989). [9J-5.006(3Xc)6]
Policy 102.6.2
By January 4, 1997, Monroe County shall adopt Land Development Regulations
pertaining to the Mainland Native Area District which:
prohibit construction of any roads or canals in mainland Monroe County that
would permit new access into the mainland wilderness area or would alter the
natural flow regimes of the Everglades or Big Cypress Swamp; and
2. prohibit development that would introduce human activities or habitations into the
undisturbed portions of Everglades National Park or Big Cypress Swamp National
Preserve. [9J-5.006(3Xc)6]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-60
Objective 102.7
Monroe County shall regulate land use activities on the islands in the surrounding waters of Florida
Bay and Hawk Channel within the legal boundaries of Monroe County. [W-5.012(3)(b)1 and 4; 9J-
5.006(3Xb)4]
Policy 102.7.1
By January 4, 1998, Monroe County shall expand its Geographic Information System to
include the following:
offshore islands in the Upper, Middle and Lower Keys (in public and private
ownership);
2. upland and wetland vegetation data for offshore islands in private ownership;
3. land use data for offshore islands in private ownership; and
4. public facilities and services.
Data shall be obtained using digital information made available to Monroe County through
the Florida Advance Identification of Wetlands (ADID) Program and from the Florida Keys
National Marine Sanctuary Management Plan program. [9J-5.006(3Xc)6]
Policy 102.7.2
By January 4, 1997, Monroe County shall adopt Land Development Regulations which will
further restrict the activities permitted on offshore islands. These shall include the
following:
development shall be prohibited on offshore islands (including spoil islands) which
have been documented as an established bird rookery or nesting area (See
Conservation and Coastal Management Policy 207.1.3.);
2. campgrounds and marinas shall not be permitted on offshore islands;
3. new mining pits shall be prohibited on offshore islands;
4. permitted uses by -right on islands (which are not bird rookeries) shall include
detached residential dwellings, camping (for the personal use of the owner of the
property on a temporary basis), beekeeping, accessory uses, and home
occupations (subject to a special use permit requiring a public hearing);
5. temporary primitive camping by the owner, in which no land clearing or other
alteration of the island occurs, shall be the only use of an offshore island which
may occur without necessity of a permit;
6. the use of any motorized vehicles including, but not limited to, trucks, carts, buses,
motorcycles, all -terrain vehicles and golf carts shall be prohibited on existing
undeveloped offshore islands;
7. planting with native vegetation shall be encouraged whenever possible on spoil
islands; and
8. public facilities and services shall not be extended to offshore islands. [9J-
5.006(3Xc)6]
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-61
Policy 102.7.3
Monroe County shall discourage developments proposed on offshore islands by methods
including, but not limited to, designated offshore islands as Tier I Lands [9J-5.006(3)(c)6]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-62
Objective 102.8
Monroe County shall take actions to discourage private development in areas designated as units
of the Coastal Barrier Resources System. [9J-5.006(3Xb)4]
Policy 102.8.1
Monroe County shall discourage developments which are proposed in units of Coastal
Barrier Resources System (CBRS) [9J-5.006(3Xc)6]
Policy 102.8.2
Upon adoption of the Comprehensive Plan, Monroe County shall not create new access
via new bridges, new causeways, new paved roads or new commercial marinas to or on
units of the Coastal Barrier Resources System (CBRS). [9J-5.005(3Xc)6]
Policy 102.8.3
By January 4, 1997, shoreline hardening structures, including seawalls, bulkheads, groins,
rip -rap, etc., shall not be permitted along shorelines of CBRS units. [9J-5.006(3Xc)6]
Policy 102.8.4
By January 4, 1998, privately -owned undeveloped land located within the CBRS units
shall be considered for acquisition by Monroe County for conservation purposes through
the Monroe County Natural Heritage and Park Program. [9J-5.006(3Xc)6]
Policy 102.8.5
Monroe County shall efforts to discourage the extension of facilities and services provided
by the Florida Keys Aqueduct Authority and private providers of electricity and telephone
service to CBRS units. These efforts shall include providing each of the utility providers
with:
a map of the areas of Monroe County which are included in CBRS units;
2. a copy of the Executive Summary in Report to Congress: Coastal Barrier
Resources System published by the U.S. Department of the Interior, Coastal
Barriers Study Group, which specifies restrictions to federally subsidized
development in CBRS units;
3. Monroe County policies regarding local efforts to discourage both private and
public investment in CBRS units [9J-5.006(3Xc)6]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-63
Objective 102.9
In cooperation with other responsible state and federal agencies, Monroe County shall complete
and implement a cooperative land management program for publicly owned lands acquired
through implementation of the Monroe County Land Acquisition Master Plan (Objective 102.2),
Goal 105 and the Florida Keys Carrying Capacity Study.
Policy 102.9.1
Monroe County shall discourage developments which are proposed in Tier I through the
permit allocation system and the environmental regulations. [9J-5.006(3Xc)6]
Policy 102.9.2
Monroe County, in cooperation with appropriate state and/or federal agencies, shall initiate
a planning process to develop policies to direct the over-all management program for
publicly owned native lands. Changes in policies and speck management strategies may
be modified as the program progresses, acquisitions continue and new information
becomes available through biological research or monitoring of the management units.
[9J-5.006(3)(c)3]
Policy 102.9.3
In cooperation with other responsible state and federal agencies, Monroe County shall
develop organization and management plans to initiate a program for protection,
restoration and management of acquired lands. Management objectives for specific
management units will be developed in concert with state, federal and municipal land
management programs responsible for adjoining lands.
Policy 102.9.4
Management plans shall be reviewed every three years, in cooperation with the
appropriate state and/or federal agencies. Revisions to each management plan shall be
made as necessary to reflect recent land acquisitions and changing management
priorities. [9J-5.006(3Xc)6]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-64
GOAL 103
Monroe County shall implement regulations and programs to address the special environmental protection
and/or traffic circulation needs of those areas of Big Pine Key, North Key Largo, Holiday Isles and Ohio Key
formerly described as the Areas of Critical County Concern (ACCC) in the 1986 version of the
Comprehensive Plan and Land Development Regulations. The Goals, Objective and Policies of this Plan
will replace the Focal Point Plans. [9J-5.006(3Xb)1 and 4]
Objective 103.1
Monroe County shall regulate future development and coordinate the provision of public facilities
on Big Pine Key and No Name Key, consistent with the Goals, Objectives, and Policies of this
Comprehensive Plan, the Livable CommuniKeys Master Plan and the Habitat Conservation Plan,
for Big Pine Key and No Name Key in order to:
(a) protect the Key deer (Odocoileus virginianus clavium);
(b) preserve and enhance the habitat of the Key deer;
(c) limit the number of additional vehicular trips from other islands to Big Pine Key;
(d) maintain the rural, suburban, and open space character of Big Pine Key; and
(e) prevent and reduce adverse secondary and cumulative impacts on Key Deer.
[W-5.006(3)(b)1 and 4]
Policy 103.1.3
Monroe County shall identify Key deer habitat areas as priority acquisition sites for
conservation purposes. Emphasis shall be placed upon acquisition of movement
corridors, sources of fresh water, and undisturbed native vegetation areas which are
located within Improved Subdivisions and which are outside of the acquisition areas
identified by the FWS (for the National Key Deer Refuge), DNR (for the Coupon Bight
CARL Project), and SFWMD (for the Big Pine Key Save Our Rivers project). Acquisition
shall be considered through the Monroe County Natural Heritage and Paris Program.
(See Objective 102.4 and related policies.) [9J-5.012(3Xc)1; 9J-5.013(2Xc)5 and 6]
Policy 103.1.4
Monroe County shall support, wherever possible, the efforts of federal agencies, state
agencies, and private non-profit conservation organizations, to acquire land for
conservation purposes within habitat areas of the Key deer. [9J-5.012(3Xc)1; 9J-
5.013(2Xc)5 and 6]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-65
Policy 103.1.13
Monroe County, in conjunction with the FWS, shall implement activities to prohibit the
destruction of the federally -designated endangered Key deer and to protect its habitat by
addressing:
1. enforcement of animal control laws;
2. incorporation of management guidelines into development orders;
3. construction of fences;
4. roadside management techniques;
5. feeding laws;
6. speed limit enforcement;
7. removal of invasive plants;
8. distribution of management guidelines to private landowners;
9. attainment of Key deer management objectives; and (See Conservation and
Coastal Management Objective 207.7 and supporting policies.) [9J-5.012(3Xb)1;
9J-5.013(2Xb)6]
10. secondary and cumulative impacts by, among other things, adopting and
implementing appropriate land development regulations.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-66
Objective 103.2
Monroe County, in coordination with the FWS, shall regulate future development and coordinate
the provision of public facilities in North Key Largo consistent with the Goals, Objectives and
Policies of this Comprehensive Plan in order to maintain the rural and open space character of
North Key Largo, as well as to preserve and enhance the habitat of four (4) species of animals
listed as endangered under the Endangered Species Act, including the American crocodile
(Crocodylus acutus), the Key Largo wood rat (Neotoma floridana small/), the Key Largo cotton
mouse (Peromyscus gossypinus allapatico/a), and the Schaus swallowtail butterfly (Heraclides
aristodemus ponceanus). North Key Largo is defined as that portion of Key Largo Located
between the junction of State Road 905 and U.S. Highway 1 and the Dade County boundary at
Angelfish Creek. [9J-5.006(3Xb)1 and 4]
Policy 103.2.1
Monroe County shall implement methods including, but not limited to, designating known
habitat of the Schaus swallowtail butterfly as Tier I. [9J-5.012(3)(c)1; 9J-5.013(2)(c)5 and 6]
Policy 103.2.3
By January 4, 1997, Monroe County shall adopt revisions to the Land Development
Regulations pertaining to development siting and clustering so as to avoid impacts on
sensitive habitats and to provide for the retention of contiguous open space by requiring
the following:
when a parcel proposed for development contains more than one (1) habitat type,
all development shall be clustered on the least sensitive portion(s) of the parcel (as
is currently required); and
2. development permitted on the least sensitive portion(s) of a parcel shall be
clustered within that portion(s) of the parcel. (See Conservation and Coastal
Management Policy 205.2.3.) [9J-5.013(2Kc)3]
Policy 103.2.4
Upon adoption of the Comprehensive Plan, Monroe County shall require that the following
analyses be undertaken prior to finalizing plans for the siting of any new public facilities or
the significant expansion (greater than 25 percent) of existing public facilities:
assessment of needs
2. evaluation of alternative sites and design altematives for the selected sites; and
3. assessment of impacts on surrounding land uses and natural resources.
The assessment of impacts on surrounding land uses and natural resources will evaluate
the extent to which the proposed public facility involves public expenditures in the coastal
high hazard area and within environmentally sensitive areas, including disturbed salt
marsh and buttonwood wetlands, undisturbed beach/berm areas, units of the Coastal
Barrier Resources System, undisturbed uplands (particularly high quality hammocks and
pinelands), habitats of species considered to be threatened or endangered by the state
and/or federal governments, offshore islands, and Conservation Land Protection Areas.
Monroe County shall require that public facilities be developed on the least
environmentally sensitive lands and shall prohibit the location of public facilities on North
Key Largo, unless no feasible alternative exists and such facilities are required to protect
the public health, safety, or welfare.
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-67
Policy 103.2.5
Monroe County shall monitor FKAA compliance with federal regulations prohibiting potable
water hookups to designated habitat areas of the American crocodile, the Key Largo wood
rat, the Key Largo cotton mouse, and the Schaus swallowtail butterfly (pursuant to FKAA
Rules Chapter 48-7). [9J-5.012(3Xc)1; 9J-5.013(2Xc)5 and 6]
Policy 103.2.6
Monroe County shall implement activities to protect the habitat and prohibit the destruction
of the:
American crocodile (See Conservation and Coastal Management Objective 207.8
and supporting policies);
2. Schaus swallowtail butterfly (See Conservation and Coastal Management
Objective 207.10 and related policies); and
3. the Key Largo wood rat and the Key Largo cotton mouse (See Conservation and
Coastal Management Objective 207.12 and related policies.) 9J-5.012(3Xb)1; 9J-
5.013(2Xb)6]
Policy 103.2.7
Monroe County shall identify native upland habitats used by the Schaus swallowtail
butterfly and the Key Largo wood rat and the Key Largo cotton mouse as priority
acquisition sites for conservation purposes. Emphasis shall be placed upon acquisition of
native upland sites which are located within Improved Subdivisions and which are outside
of the acquisition areas identified by the FWS (for the Crocodile Lake National Wildlife
Refuge), and DNR (for the Key Largo Hammock CARL Project).
Acquisition shall be considered through the Monroe County Natural Heritage and Park
Program. (See Objective 102.4 and related policies.) [9J-5.012(3Xc)1; 9J-5.013(2)(c)5
and 6]
Policy 103.2.8
By January 4, 1998, Monroe County shall complete and implement a cooperative land
management program for private and county -owned lands located within and adjacent to
state and federal government -owned parks and conservation lands which are within or
affected by land uses in North Key Largo, including:
Crocodile Lake National Wildlife Refuge;
2. John Pennekamp Coral Reef State Park;
3. North Key Largo Hammock State Botanical Site and CARL Project; and
4. Biscayne Bay - Card Sound State Aquatic Preserve. (See Objective 102.9 and
related policies.) [W-5.006(3)(b)4]
Policy 103.2.9
Monroe County shall support, wherever possible, the efforts of federal agencies, state
agencies, and private non-profit conservation organizations, to acquire land for
conservation purposes within North Key Largo. [9J-5.012(3Xc)1; 9J-5.013(2Xc)5 and 6]
Policy 103.2.10
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-68
Monroe County shall take immediate actions to discourage private development in areas
designated as units of the Coastal Barrier Resources System. (See Objective 102.8 and
related policies.) [W-5.006(3)(b)4]
Policy 103.2.11
Prior to issuing a building permit or development approval, Monroe County shall require an
archaeological/historical review of the proposed development site, performed by a
qualified professional familiar with Monroe County. The review will identify the potential
development impacts on any resources present, and will recommend mitigation
measures, if any.
Policy 103.2.12
Prior to issuing a building permit or development approval, Monroe County shall require
that the Monroe County Biologist visit the site of all development approval and building
permit applications within North Key Largo to assess the need for any federal or state
permits.
Policy 103.2.13
Prior to issuing a building permit or development approval, Monroe County shall require all
applicants to obtain all federal and state permits, including, but not limited to, required
permits pertaining to endangered species as required by the U.S. Fish and Wildlife Service
and the Florida Game and Fresh Water Fish Commission.
Policy 103.2.14
Monroe County, in conjunction with the FWS, shall implement activities to prohibit the
destruction of the federally -designated threatened and endangered species and to protect
its habitat by addressing:
1. enforcement of animal control laws;
2.
construction of fences;
3.
roadside management techniques;
4.
feeding laws;
5.
speed limit enforcement;
6.
removal of invasive plants;
7.
distribution of management guidelines to private landowners; and
8.
attainment of endangered species management objectives.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-69
Objective 103.3
Monroe County shall coordinate future development on Ohio Key to protect the habitat value and
environmental sensitivity of the wetland system on that Key that serves as habitat for a variety of
wading birds, including the piping plover (Charadrius melodius), a species listed as threatened
under the Endangered Species Act.
Policy 103.3.3
Upon adoption of the Comprehensive Plan, Monroe County shall implement methods
including, but not limited to, the Permit Allocation and Point System in order to discourage
developments which may adversely impact activities of the piping plover on their wintering
grounds (measures of adverse impact to be established by the Monroe County Biologist).
(See Policy 101.5.4) [9J-5.012(3Xc)1; 9J-5.013(2Xc)5 and 6]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-70
Objective 103.4
By January 4, 1997, the Land Development Regulations will be revised to address the issues in
the focal point plans for all four ACCC designations as stipulated in Objectives 103.1 to 103.3 and
related policies.
Policy 103.4.1
By January 4, 1997, the Land Development Regulations will be revised to eliminate the
ACCC designations from Holiday Isle, Big Pine Key, North Key Largo, and Ohio Key.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5_71
GOAL 104
Monroe County shall recognize, designate, protect, and preserve its historic resources. [9J-5.006(3Xa)]
Objective 104.1
Monroe County shall establish and maintain a comprehensive inventory of historic and
archaeological resources, including buildings, structures, districts, sites, objects, and significant
places. [9J-5.006(3)(b)4]
Policy 104.1.1
By January 4 1998, the Monroe County Growth Management Division shall establish an
inventory of all known historic and archaeological resources using information provided by
the Florida Master Site File and the Archaeological and Historical Conservancy surveys of
the Florida Keys. [9J-5.006(3Xc)8]
Policy 104.1.2
Monroe County Growth Management Division shall update the inventory of historic and
archaeological resources on an annual basis as new historic and archaeological
resources are identified. [9J-5.006(3Xc)8]
Policy 104.1.3
By January 4, 1998, Monroe County shall complete a comprehensive historic architectural
surrey to inventory and document historic architectural resources. This surrey shall also
identify historic housing and define the bounds of any potential historic districts such as
those preliminary identified on Conch Key, in Islamorada, and in Marathon. [9J-
5.006(3Xc)8]
Policy 104.1.4
By January 4, 1998, the Monroe County Growth Management Division, working with local
historic preservation organizations, shall complete and submit Master Site File forms to the
State Department of Historic Resources for any historic resources, particularly architectural
resources, which are not currently included in the Florida Master Site File. [9J-
5.006(3Xc)8]
Policy 104.1.5
By January 4, 1998, the Monroe County Growth Management Division shall develop a
computerized inventory system for compiling, updating and accessing information
pertaining to historic resources. The computerized data base shall include descriptive
information provided by the Florida Master Site File and any National Register or Florida
Keys Historic Register designations. Included as part of this proposed system shall be an
interface with the County's Geographic Information System to provide mapped locations of
sites listed on the National Register or Florida Keys Historic Register (See Objective 104.2
and related policies). [9J-5.006(3Xc)8]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5_72
Objective 104.2
Monroe County shall formally recognize significant historic and archaeological resources by
nominating appropriate resources on the National Register and/or the Florida Keys Historic
Register. [9J-5.006(3)(b)4]
Policy 104.2.1
Monroe County shall revise the Land Development Regulations to expand and refine the
program and procedures for protection of local historical, archaeological and cultural
resources. At a minimum, the Land Development Regulations should be expanded to:
1. establish a Florida Keys Historic Register to which landmarks of local significance
are named;
2. establish a review committee and provide for an historiclarchaeological review
within the development review process;
3. list the criteria and procedure for selecting a review committee;
4. specify the development review procedure;
5. specify designation criteria for sites and structures of historical, architectural,
archaeological, and cultural significance;
6. include procedures for designation of local historic districts;
7. describe the consequences of local designation, such as restrictions on
archaeological site disturbance, and on demolition or alteration of historic
structures;
8. provide procedures for enforcement;
9. specify the penalties and/or mitigation measures for non-compliance;
10. provide for the documentation and protection of sites which are not listed as local
landmarks but are discovered through the development process or otherwise
discovered; and
11. provide incentives for the preservation and protection of local landmarks.
Policy 104.2.2
By January 4, 1998, Monroe County Growth Management Division shall prepare
documentation to nominate the following resources to the Florida Keys Historic Register of
historic places:
1. all resources listed on the National Register of Historic Places which are located in
unincorporated Monroe County;
2. archaeological sites identified as worthy of preservation; and
3. Tavernier Historic District. [9J-5.006(3xc)8]
Policy 104.2.3
After revisions to the land development regulations pertaining to the Florida Keys Historic
Register are adopted, the County shall contact local historic preservation groups and
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-73
encourage them to nominate eligible historic resources to the Florida Keys Historic
Register. The Monroe County Growth Management Division shall provide information and
technical assistance to individuals and local historic preservation groups who wish to
prepare nominations to the Florida Keys Historic Register. [9J-5.006(3Xc)8]
Policy 104.2.4
By January 4, 1998 Monroe County shall submit documentation for nominating the
following resources to the National Register of Historic Places:
1. old overseas railroad bridges identified in the AHC Architectural Windshield
Survey (Thematic Resource nomination);
2. hurricane houses and public buildings (the Islamorada Library and the Tavernier
Health Department) constructed as WPA projects in addition to the hurricane
memorial in Islamorada; and
3. archaeological sites identified in the AHC 1988 survey as eligible for nomination to
the National Register (Individual Historic Site nominations). [9J-5.006(3Xc)8]
Policy 104.2.5
Monroe County shall nominate other historic resources to the National Register as those
resources are identified. [9J-5.006(3)(c)8]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-74
Obiective 104.3
Monroe County shall adopt and implement measures for the protection and preservation of historic
resources. [9J-5.006(3)(b)4]
Policy 104.3.1
By January 4, 1997, Monroe County shall adopt Land Development Regulations
constituting a Historic Preservation Ordinance to provide protection for historic resources
listed on the Florida Keys Historic Register. The adopted LDRs shall:
establish a historic/archaeological review board to review development proposals
which impact designated historic resources;
2. list the qualifications and selection criteria for review board members;
3. specify the criteria for local designation of historic resources guided by the criteria
for designation to the National Register,
4. incorporate the procedure for local designation as specked in Article VIII of the
Land Development Regulations (See Policy 104.2.1);
5. specify the restrictions on archaeological sites resulting from local designation.
Establish standards to address the siting and design of proposed developments to
minimize impacts on archaeological resources, and the proper documentation and
recording of the site including retrieving of artifacts;
6. specify the restrictions on the demolition and alteration of historic structures
resulting from local designation. Establish standards to evaluate alterations to
historic structures which are consistent with the U.S. Department of the Interior's
"Standards for Rehabilitation";
7. specify the restrictions on historic districts resulting from local designation.
Establish exterior architectural standards to evaluate development proposals
within designated historical districts with the intent of encouraging compatibility
with the architectural features of historical significance to the particular district;
8. establish a procedure for reviewing development and redevelopment proposals
which impact designated resources;
9. specify procedures where development activities uncover unknown
archaeological resources;
10. provide procedures for enforcement and consequences of non-compliance;
11. provide incentives such as transfer of development rights, tax credits, tax relief,
special property tax assessments, building code waivers, building application fee
exemptions, zoning variances, and FEMA exemptions to encourage the
conservation and rehabilitation of privately -owned historic resources; and
12. specify permitting and review procedures that reconcile redevelopment of
designated historical buildings and sites with their potential non -conforming status.
[9J-5.006(3xc)8]
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-75
Policy 104.3.2
The County shall evaluate the possibility of incorporating effects of proposed
developments on historic resources into the Point System established by Land Use
Element Objective 101.5 and supporting policies. [9J-5.006(3Xc)8]
Policy 104.3.3
The Land Development Regulations adopted pursuant to Policy 104.3.1 shall be drafted to
meet the requirements of the Department of the Interior's "Certified Local Government
Program" which shall enable Monroe County to qualify for State Historic Preservation
Grants -in -Aid. Within six months of adopting Land Development Regulations pursuant to
Policy 104.3.1, Monroe County shall submit the historic preservation regulations to the
U.S. Department of the Interior and the State Historic Preservation Officer for certification.
[9J-5.006(3)(c)8]
Policy 104.3.4
Monroe County shall require that architectural guidelines be drafted and approved by
Monroe County for each Historic District listed on the Florida Keys Historic Register.
These guidelines shall be drafted by the nominating agency, and shall be approved by a
qualified historic preservation professional. The guidelines shall be reviewed and
approved by Monroe County within one year of acceptance of the District on the Florida
Keys Historic Register.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-76
Objective 104.4
Monroe County shall adopt and implement measures for the protection and preservation of historic
resources on public lands. [9J-5.006(3Xb)4]
Policy 104.4.1
Monroe County shall coordinate with the lessee of Pigeon Key to ensure that the
renovation and use of the County -owned island retains the historical and architectural
character of the site, and allows a reasonable amount of public access.
Policy 104.4.2
Monroe County shall coordinate with county, state and federal agencies to identify, monitor
and protect historic resources located on public lands (See Future Land Use Objective
102.9 and related policies). [9J-5.006(3Xc)8]
Policy 104.4.3
Development plans on County -owned lands which contain historic resources listed on the
Florida Keys Historic Register shall be subject to review by the historic/archaeological
review board established pursuant to Policy 104.3.1(a). [9J-5.006(3)(c)8]
Policy 104.4.4
Monroe County shall increase its participation in the resource planning of federal and state
owned parks, wildlife refuges, military installations and other state or federal properties.
Monroe County shall review resource plans, development plans and master plans
prepared for these areas, evaluate impacts on historic resources, and submit comments to
the appropriate agencies. [9J-5.006(3Xc)8]
Policy 104.4.5
Through a lease agreement, Monroe County shall require that the lessee of Pigeon Key or
any other County -owned historical or archaeological site designated on the Local or
National Register:
conform, at a minimum, to the Secretary of the Interior's Standards for
Rehabilitation for any permanent or temporary development of the site; and
2. retain the historical, architectural, and/or archaeological integrity of the site, as
approved by a professional who meets the appropriate Professional Qualifications
specified in the Code of Federal Regulations, Section 61, Number 36. [9J-
5.006(3Xc)8]
Policy 104.4.6
Before the County may sell Pigeon Key, Monroe County shall develop and adopt
architectural guidelines for this National Register Historic District.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5_77
Objective 104.5
Monroe County shall seek to increase public awareness and appreciation of the historic resources
and historic preservation activities in the County. [9J-5.006(3Xb)4]
Policy 104.5.1
Monroe County shall coordinate with the following organizations and individuals to identify
opportunities for joint public education and funding efforts:
1. Local preservation groups in unincorporated Monroe County;
2. The Key West historic preservation planner and other historic preservation
leaders;
3. Historic Florida Keys Preservation Board;
4. Federal agencies including the National Park Service, U.S. Fish and Wildlife
Service, and NOAA;
5. State Agencies including the Florida DNR Division of Parks and Recreation, and
State Division of Historic Resources;
6. Florida Trust for Historic Preservation;
7. Monroe County School Board; and
8. Local libraries. [9J-5.006(3Xc)8]
Policy 104.5.2
By January 4, 1997, historical and archaeological information produced by or for the
County such as the historic inventory, National Register listings, Florida Keys Historic
Register listings, archaeological surveys, and historic architectural surveys shall be made
available to the public at various locations throughout the County including libraries,
schools, senior centers, museums and County offices. [9J-5.006(3Xc)8]
Policy 104.5.3
By January 4, 1998, Monroe County and the Historic Florida Keys Preservation Board
shall seek funding from the Tourist Development Council to create and implement a
historic marker program and a historic map/guide to increase public awareness and
appreciation of the County's history and historic resources. [9J-5.006(3)(c)8]
Policy 104.5.4
By January 4, 1998, the County and the Historic Florida Keys Preservation Board shall
institute a procedure to notify property owners of properties listed or eligible for listing on
the Florida Keys Historic Register or National Register and apprise owners of the
associated benefits of listing. [9J-5.006(3)(c)8]
Policy 104.5.5
Monroe County shall promote public knowledge of local, state and federal programs and
incentives designed to assist owners of historic properties. [9J-5.006(3Xc)8]
Policy 104.5.6
Monroe County shall identify community leaders with an interest in historic preservation
and provide technical assistance for the formation of new citizen -based historic
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5_78
preservation groups. These groups will aid the County in generating interest and raising
funds for local historic preservation activities. Areas which could benefit from a citizen
support group include the Pigeon Key Historic District, potential historic districts on Conch
Key, in Islamorada and in Marathon. [9J-5.006(3Xc)8]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5_79
Obiective 104.6
Monroe County shall coordinate with public agencies and non-profit organizations to protect,
preserve and increase awareness of historic resources. [9J-5.006(3Xb)4]
Policy 104.6.1
Monroe County shall involve local historic preservation groups in the planning process.
The County will apprise groups of historic preservation planning efforts, request their
comments and solicit their support. [9J-5.006(3Xc)8]
Policy 104.6.2
Monroe County shall include archaeological sites identified by local historic preservation
groups on the priority list of Natural Heritage and Park acquisition sites. (See Future Land
Use Objective 102.4 and related policies.)
Policy 104.6.3
Monroe County shall encourage and facilitate acquisition of historic sites suitable for
cultural, tourism, recreation or conservation uses by federal, state and local agencies, non-
profit historic preservation groups, and non-profit conservation organizations [9J-
5.006(3Xc)8]
Policy 104.6.4
By January 4, 1998, the County shall identify available public and private funding sources
for historic preservation activities and submit proposals for the following projects:
Perform emergency repairs and tenting for termites for historic structures on
Pigeon Key;
2. Perform structural surreys and begin renovations of significant buildings on
Pigeon Key; and
3. Develop architectural guidelines for Tavernier once a local historic district is
established. [9J-5.006(3Xc)8]
Policy 104.6.5
By January 4, 1998, the County shall submit funding proposals for the following historic
preservation projects:
Conduct a historic architectural building survey for unincorporated Monroe County
which shall identify potential historic districts and historic housing resources;
2. Renovation and preservation of other County -owned historic resources; and
3. Create and implement a program to promote historic resources listed on the
Florida Keys Historic Register with historic markers and accompanying
map/guide. [9J-5.006(3Xc)8]
Policy 104.6.6
By January 4, 1998, the County shall submit funding proposals for the following historic
preservation projects:
Develop architectural guidelines for any historic districts listed on the Florida Keys
Historic Register,
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-80
2. Develop a computerized system for the inventory of historic resources including all
Florida Master Site File records, local and national register status and GIS location
maps.
3. Expand documentation of the Keys history through the collection of written records
and recording recollections of remaining early settlers in written, video or audio
form; and
4. Complete detailed documentation and research for remaining historic resources
which may be eligible for the Local or National Register. [9J-5.006(3)(c)8]
(The remainder of this page left intentionally blank.)
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-81
GOAL 105
Monroe County shall undertake a comprehensive land acquisition program and smart growth initiatives in
conjunction with its Livable CommuniKeys Program in a manner that recognizes the finite capacity for new
development in the Florida Keys by providing economic and housing opportunities for residents without
compromising the biodiversity of the natural environment and the continued ability of the natural and man-
made systems to sustain livable communities in the Florida Keys for future generations.
Objective 105.1
Monroe County shall implement smart growth
CommuniKeys and Land Acquisition Programs
development processes to preserve the natural
community character and quality of life, redevelop
remove barriers to design concepts, reduce sprawl,
areas.
initiatives in conjunction with its Livable
which promote innovative and flexible
environment, maintain and enhance the
blighted commercial and residential areas,
and direct future growth to appropriate infill
Policy 105.1.1
Monroe County shall create an economic development framework for a sustainable visitor -
based economy, not dependent on growth in the absolute numbers of tourists, that
respects the unique character and outdoor recreational opportunities available in the
Florida Keys.
Policy 105.1.2
Monroe County shall prepare design guidelines to ensure that future uses and
development are compatible with scenic preservation and maintenance of the character of
the casual island village atmosphere of the Florida Keys.
Policy 105.1.3
Monroe County shall prepare development standards and amend the Land Development
Regulations to limit non-residential allocations for new floor space on any one site to foster
the retention and redevelopment of small businesses on the US # 1.
Policy 105.1.4
Monroe County shall prepare redevelopment standards and amend the Land Development
Regulations to address the large number of non-confornimg commercial structures that are non-
compliant as to on -site parking, construction and shoreline setbacks, stormwater management,
landscaping and buffers. By identifying the existing character and constraints of the different island
communities, regulations can be adopted that provide incentives for redevelopment and permit
the continuance of businesses while moving towards an integrated streetscape.
Policy 105.1.5
Monroe County shall prepare amendments to this Plan and its Land Development
Regulations that comprehensively revise the existing residential permit allocation system
to direct the preponderance of future residential development to areas designated as an
overlay on the zoning map(s) as Infill (Tier III) in accordance with Policy 105.2.2.
Policy 105.1.6
Monroe County shall prepare amendments to this Plan and it's Land Development
Regulations that comprehensively revise the existing non-residential permit allocation
system in a manner that implements Policies 105.2.1 and 105.2.15 and is consistent with
and furthers this Plan.
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5_82
Objective 105.2
Monroe County shall implement with assistance of the state and federal governments a 20-year
Land Acquisition Program to: 1) secure for conservation and passive recreation purposes
remaining privately -owned environmentally sensitive lands; 2) retire development rights on
privately -owned vacant lands to limit further sprawl and equitably balance the rights of property
owners with the long-term sustainability of the Keys man-made and natural systems; and, 3)
secure and retain lands suitable for affordable housing. This objective recognizes the finite limits of
the carrying capacity of the natural and man-made systems in the Florida Keys to continually
accommodate further development and the need for the significant expansion of the public
acquisition of vacant developable lands and development rights to equitably balance the rights and
expectations of property owners.
Policy 105.2.1
Monroe County shall designate all lands outside of mainland Monroe County,
except for the Ocean Reef planned development, into three general categories
for purposes of its Land Acquisition Program and smart growth initiatives in
accordance with the criteria in Policy 205.1.1. These three categories are:
Natural Area (Tier 1); Transition and Sprawl Reduction Area (Tier 11) on Big Pine
Key and No Name Key only; and Infill Area (Tier III). The purposes, general
characteristics, and growth management approaches associated with each tier
are as follows:
Natural Area (Tier 1): Any defined geographic area where all or a
significant portion of the land area is characterized as environmentally
sensitive by the policies of this Plan and applicable habitat conservation
plan, is to be designated as a Natural Area. New development on vacant
land is to be severely restricted and privately owned vacant lands are to
be acquired or development rights retired for resource conservation and
passive recreation purposes. However, this does not preclude provisions
of infrastructure for existing development. Within the Natural Area
designation are typically found lands within the acquisition boundaries of
federal and state resource conservation and park areas, including
isolated platted subdivisions; and privately -owned vacant lands with
sensitive environmental features outside these acquisition areas.
2. Transition and Sprawl Reduction Area (Tier II): Any defined geographic
area on Big Pine Key and No Name Key, where scattered groups and
fragments of environmentally sensitive lands, as defined by this Plan,
may be found and where existing platted subdivisions are not
predominately developed, not served by complete infrastructure facilities,
or not within close proximity to established commercial areas, is to be
designated as a Transition and Sprawl Reduction Area. New
development is to be discouraged and privately owned vacant lands
acquired or development rights retired to reduce sprawl, ensure that the
Keys carrying capacity is not exceeded, and prevent further
encroachment on sensitive natural resources. Within a Transition and
Sprawl Reduction Area are typically found: scattered small non-residential
development and platted subdivisions with less than 50 percent of the lots
developed; incomplete infrastructure in terms of paved roads, potable
water, or electricity; and scattered clusters of environmentally sensitive
lands, some of which are within or in close proximity to existing platted
subdivisions.
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-83
3. Infill Area (Tier III): Any defined geographic area, where a significant
portion of land area is not characterized as environmentally sensitive as
defined by this Plan, except for dispersed and isolated fragments of
environmentally sensitive lands of less than four acres in area, where
existing platted subdivisions are substantially developed, served by
complete infrastructure facilities, and within close proximity to established
commercial areas, or where a concentration of non-residential uses
exists, is to be designated as an Infill Area. New development and
redevelopment are to be highly encouraged, except within tropical
hardwood hammock or pineland patches of an acre or more in area,
where development is to be discouraged. Within an Infill Area are typically
found: platted subdivisions with 50 percent or more developed lots
situated in areas with few sensitive environmental features; full range of
available public infrastructure in terms of paved roads, potable water, and
electricity; and concentrations of commercial and other non-residential
uses within close proximity. In some Infill Areas, a mix of non-residential
and high -density residential uses (generally 8 units or more per acre) may
also be found that form a Community Center.
Policy 105.2.2
Monroe County shall prepare an overlay map(s) designating geographic areas of
the County as one of the three Tiers in accordance with the guidance in Policy
105.2.1, which shall be incorporated as an overlay on the zoning map(s) with
supporting text amendments in the Land Development Regulations. These maps
are to be used to guide the Land Acquisition Program and the smart growth
initiatives in conjunction with the Livable CommuniKeys Program (Policy
101.20.1).
Policy 105.2.3
The priority for acquisition of lands and development rights under the County's
Land Acquisition Program shall be as follows: Tier I (Natural Area) -first priority;
Tier II (Transition and Sprawl Reduction Area) and patches of tropical hardwood
hammock or pinelands of one acre or greater in area within Tier III -second
priority; and Tier III (Infill Area)- third priority, except acquisition of land for
affordable housing shall also be a first priority. These acquisition priorities shall
be applied consistent with the Policy 105.2.10 that directs the focus of the
County's acquisition efforts to the acquisition or retirement of development rights
of privately owned vacant platted subdivision lots within Tiers I and 11. Federal,
State and local funding will be used for purchasing privately owned vacant lands
for Tier 11.
Policy 105.2.4
Monroe County shall prepare a specific data base tied to its Geographic
Information System, containing information needed to implement, monitor, and
evaluate its Land Acquisition Program, smart growth initiatives, and Livable
CommuniKeys Program.
Policy 105.2.5
Monroe County shall, in coordination with federal and state agencies, implement
a land acquisition program to acquire all remaining privately -owned vacant lands
within areas designated as a Natural Area (Tier 1).
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-84
Policy 105.2.6
Monroe County shall implement a land acquisition program to acquire most
privately owned vacant private lands within areas designated as a Transition and
Sprawl Reduction Area (Tier II) on Big Pine Key and No Name Key and patches
of tropical hardwood hammock or pinelands of one acre or greater in area
identified as a Special Protection Area within a designated Infill Area (Tier III).
Policy 105.2.7
Monroe County shall implement an acquisition program to acquire privately
owned vacant lands disturbed or scarified properties for affordable housing within
areas designated as an Infill Area (Tier III).
Policy 105.2.8
The preferred method for acquisition of environmentally sensitive privately owned
vacant non -platted lands shall be fee simple purchase, donation, or dedication or
the retirement of development rights through transfer of development rights or
similar mechanisms.
Policy 105.2.9
The preferred method for acquisition of vacant platted lots shall be fee simple
purchase, donation, or dedication or the retirement of development rights
thorough transfer of development rights or similar mechanisms; however,
wherever appropriate, platted lots may be purchased in partnership with
adjoining property owner(s) subject to a conservation easement that may allow
limited accessory residential uses.
Policy 105.2.10
In terms of effort, Monroe County shall primarily focus its Land Acquisition
Program on the acquisition or retirement of development rights of vacant
privately -owned, buildable, platted lots within Tier I and Tier II and the acquisition
of scarified and disturbed lands for affordable housing within Tier III. This policy
recognizes the critical need for the County to aggressively address the imbalance
between development expectations of private property owners and the finite
carrying capacity of the natural and man-made systems in the Florida Keys.
Policy 105.2.11
Monroe County shall petition the federal and state governments to aggressively
pursue the acquisition of all remaining privately -owned vacant lands within their
park and conservation acquisition boundaries and to expand existing acquisition
boundaries to include other lands in close proximity with similar environmentally
sensitive features.
Policy 105.2.12
With respect to the relief granted pursuant to Policy 106.1 (Administrative Relief)
or Policy 101.18.5 (Beneficial Use), a purchase offer shall be the preferred form
of relief for any land within Tier I and Tier II, or any land within Tier III in
accordance with the criteria in Policy 101.6.5.
Policy 105.2.13
In implementing this Land Acquisition Program, Monroe County is only
committed or financially obligated to the extent that local, state, and federal funds
are available.
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-85
Policy 105.2.14
Monroe County shall identify and secure possible local sources to yield a steady
source of funds and secure increased funding from state and federal, and/or
private sources for the Land Acquisition Program and the management and
restoration of acquired resource conservation lands. With the uncertainty
concerning the County's ability to successfully secure sufficient funding from
state and federal governments for their fair share of the financial support for the
Land Acquisition Program and the demands placed on the County's limited
financial resources to address wastewater and other critical issues, it is
recognized that the Land Acquisition Program may extend well beyond 20 years.
Policy 105.2.15
Where appropriate, as part of the Livable CommuniKeys Planning Process,
Community Centers shall be designated within areas designated as Tier III (Infill
Area). A Community Center is characterized as a defined geographic area with a
mix of retail, personal service, office and tourist and residential uses (generally of
greater than 8 units per acre). Community Centers shall be designated as
receiving areas for transfer of development rights and shall receive special
incentives in the non-residential permit allocation system.
Objective 105.3
Monroe County shall implement its 20-Year Land Acquisition Program and smart growth
initiatives in conjunction with its Livable CommuniKeys Program and shall make
appropriate amendments to this Plan and the Land Development Regulations including,
but not necessarily limited to the residential and non-residential permit allocation
systems.
3.2 SUB- AREA POLICIES
GOAL 107
Monroe County shall regulate land use and development activities of scarified and/or filled portions of
parcels containing environmentally sensitive areas by the enactment of area -specific regulations that allow
development to occur subject to limitations and conditions designed to protect natural resources.
Objective 107.1
Monroe County shall coordinate Land Use with the Elements of the Comprehensive Plan through
Future Land Use Element Sub -Area Policies Applicable to a Speck Geographic Area These sub-
area policies identify parcels of land that require narrowly -tailored regulation in order to confine
development potential to an area or extent less than the maximum development potential allowed
by the future land use category. The development parameters established for each sub -area shall
be based either on an inventory of uses and facilities established on the parcel or by data and
analysis supporting the specific sub -area limitations.
Policy 107.1.1 Reserved
Policy 107.1.2 Reserved
Policy 107.1.3 Specific Limitations on Key Lar-go Mixed Use Area 1
The following land uses shall be allowed on the following parcel: parcel 00440100 000000
(0.62 acres: legally described as Lots 11, 12, 13 14 15 16 17 and 18 19 and 20 Block
2, THOMPSONS SUBDIVISION Section "A" according to the plat thereof, as recorded in
Plat Book 1, at Page 147, of the Public Records of Monroe County, Florida; and the East
10 feet of that portion of Fisherman's Trail adjacent and contiguous to the West boundary
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-86
line of Lots 15 and 16, Block 2, lying between the North Line of Sailfish Trail and the
Southeasterly Right -of --Way line of Old State Road 4A, in Thompsons Subdivision, Section
"A", according to the plat thereof, as recorded in Plat Book 1, at Page 147, of the Public
Records of Monroe County, Florida. Subject to easements, restrictions and reservations
of record and taxes for the year 2005 and thereafter, and on which a concentration of non-
residential uses exists, including approximately 2,97W of commercial floor area.
Development to the Key Largo Mixed Use Area shall be subject to regulations applicable
to the Mixed Use / Commercial (MC) Future Land Use Map as well as the additional
restrictions set out below:
1. There shall be a maximum commercial floor area ratio of 0.30.
2. There shall be no residential units.
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-87
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Dear Ms. Cloud,
July 1, 2010
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
Via Certified Mail 7009 1410 0001 67601720
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 021-2010 amending the Future Land Use Map designation from
Residential Low (RL) To Mixed Use/Commercial (MC) for property legally described as Lots
13, 14, 15, 16, 17, and 18, Thompsons Subdivision, Section "A", according to the Plat thereof, as
Recorded In Plat Book 1, Page 147, of the public records of Monroe County, Florida, having
Real Estate Number 00440100.000000 located at 99101 Overseas Highway, Key Largo,
approximate Mile Marker 99.1.
Ordinance No. 022-2010 amending the Future Land Use Map designation for 127
county -owned vacant parcels throughout Monroe County from various FLUM designations to
Conservation (C). The amendments are being requested by the Monroe County Land Steward to
create conformity between the FLUM and the current use, as required by the grant agreement
with the Florida Communities Trust (FCT).
Ordinance No. 023-2010 amending Monroe County Code Sec. 138-23, Moratorium on
New Transient Units, to revise the date on which the moratorium shall expire to 12/31/201 1.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Special Meeting, held in formal session, on June 29, 2010. Please file for the record. Should
you have any questions please feel free to contact me at (305) 295-3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Isabel C. DeSantis, D.C.
cc: Growth Management
County Attorney, via e-mail
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CHARLIE CRIST
Governor
July 6, 2010
STATE LIBRARY AND ARCHIVES OF FLORIDA
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
DAWN K. ROBERTS
Interim Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated July 1, 2010, and certified copies of Monroe County Ordinance Nos. 021-2010 through 023-
2410 , which were filed in this office on July 6, 2010.
Sincerely,
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Liz Cloud
Program Administrator
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DIRECTOR'S OFFICE
R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
850.245.6600 • FAX: 850. 245.6735 • TDD:850.922.4085 •
http://diis.dos.state.[l.us
COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA
STATE ARCHIVES OF FLORIDA
950.245.6700 • FAX: 850.488.4894
850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744
LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 • FAX: 850.245.6282
850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795
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