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05/18/1992 SpecialYY -023 Special Meeting Board of County Commissioners Monday, May 18, 1992 Key Colony Beach A Special Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. on the above date at the City Hall in Key Colony Beach for discussion and action regarding the transmittal of the Unincorporated Monroe County Comprehensive Plan to the State of Florida Department of Community Affairs. Present and answering to roll call were Commissioner Earl Cheal, Commissioner Jack London, Commissioner John Stormont, and Mayor Wilhelmina Harvey. Commissioner Doug Jones arrived later in the meeting. Also present were Danny Kolhage, Clerk; Rosalie Connolly, Deputy Clerk; Randy Ludacer, County Attorney; Tom Brown, County Administrator; County Staff; members of the Press and Radio; and the general public. Mayor Harvey passed the gavel to Commissioner London and requested him to chair the meeting. All stood for a moment of silent prayer and the Pledge of Allegiance. HOUSING John Fernsler of Wallace -Roberts -Todd addressed the Board and gave a brief overview of this Element. Dagny Johnson of the Upper Keys Citizens Association addressed the Board. POLICY 601.1.1 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the Planning Commission's recom- mendation so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. By October 16, 1993, Monroe County shall complete an assessment of affordable and special housing needs utilizing detailed housing data from the 1990 U.S. Census and an assessment of target areas and population segments representing priority affordable housing needs as a basis for establishing specific quantifiable near - and long-term affordable housing programs. Results of the assessment shall be used to update the 20% reservation for afford- able housing referenced in Policy 601.1.11. POLICY 601.1.3 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept and amend the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. YY 024 In conjunction with the Monroe County Housing Authority, assign Housing Planning responsibilities within the County Planning Department by October 1, 1994. Examples of the Housing Planning duties would include providing informa- tional and technical assistance to the public on affordable housing programs, completing housing inventories and assessments, working to increase local utilization of state and federal funding programs, coordinating redevelopment plans, and serving as a liaison to the Monroe County Housing Authority. POLICY 601.1.4 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept and amend the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. Expand the County's participation in Federal and State housing assistance programs to rehabilitate owner and rental housing for low and moderate income residents by seeking grants, loans, and technical assistance in conjunction with the Monroe County Housing Authority by October 1994. POLICY 601.1.5 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept and amend the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. By October 1994, Monroe County shall define programs to maximize opportunities for private sector involvement in the formation of community -based non-profit organizations to actively participate in the provision of low and moderate income affordable housing. POLICY 601.1.6 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept and amend the Planning Com- mission's recommendation so as to now read as set out below. Motion carried unanimously with Commissioner Jones not pre- sent. By October 16, 1992, the Monroe County Land Authority shall compile a list of buildable properties owned or targeted for acquisition by the Land Authority which potentially could be donated or made available for affordable housing. This list will be updated annually and made available to the public. The Land Authority will coordinate with developers of affordable housing projects when proposals are submitted to the Land YY 025 Authority and donate land for projects if they are deemed appropriate and acceptable by the Board of County Commissioners as meeting the intent of the affordable housing provisions in the Land Authority's charter. POLICY 601.1.7 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the Planning Commission's recom- mendation so as to now read as set out below. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Stormont Yes Mayor Harvey Yes Mayor Pro Tem London Yes Motion carried with Commissioner Jones not present. By October 16, 1992, Monroe County shall adopt Land Development Regulations which require that new construction and sub- stantial rehabilitation (project cost equal to at least 20 percent of the subject property's fair market value) of affordable housing remain affordable for a period of at least 20 years by deed restrictions or other mechanisms as administered by the Housing Authority. POLICY 601.1.11 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. By October 16, 1992, Monroe County shall adopt Land Development Regulations which provide that twenty (20) percent of residential building permits will be initially reserved for single or multi -family affordable housing (See Future Land Use Policy). POLICY 601.1.12 Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to accept the Planning Commission's recommendation. During discussion, Commissioner Stormont withdrew his second. Motion died for lack of a second. After further discussion, motion was made by Commissioner Stormont and seconded by Mayor Harvey to amend so as to now read as set out below. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Stormont Yes Mayor Harvey Yes Mayor Pro Tem London Yes Motion carried with Commissioner Jones not present. YY 026 By October 16, 1992, Monroe County shall adopt Land Development Regulations which may include density bonuses, impact fee waiver programs, and other possible regulations to encourage affordable housing. OBJECTIVE 601.2 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the Planning Commission's recom- mendation so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. By February 24, 1993, Monroe County shall adopt programs and policies to encourage housing of various types, sizes, and price ranges to meet the demands of current and future residents. POLICY 601.2.1 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to delete this Policy. Motion carried unanimously with Commissioner Jones not present. POLICY 601.3.1 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. Monroe County will establish ongoing pro- cedures for monitoring housing conditions including coordination with other County agencies to prepare a housing conditions update report by 1995. The housing con- dition reports will identify geographic areas of special concern based on observed conditions including inadequate sanitation, structural hazards, hazardous wiring, plumbing and mechanical equipment or other conditions endangering or potentially endangering the life, health, safety and welfare of the popula- tion. Standards for evaluation of the structural condition of the housing stock are summarized below: (a) Sound: Most housing units in this category are in good condition and have no visible defects. However, some structures with slight defects are also included. (b) Deteriorating: A housing unit in this category needs more repair than would be provided in the course of regular maintenance, such as repainting. A housing unit is classified as deteriorating when its deficiencies indicate a lack of proper upkeep. YY� 027 (c) Dilapidated (Substandard): A housing unit in this category indicates that the unit can no longer provide safe and adequate shelter or is of inadequate original construction. OBJECTIVE 601.4 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept and amend the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. By September 30, 1993, Monroe County shall implement efforts to ensure that the Land Development Regulations do not prohibit sites in residential areas for the location of group homes and foster care facilities licensed or funded by the Florida Department of Health and Rehabilitative Services. COMMISSIONER JONES ENTERED MEETING AND TOOK HIS SEAT POLICY 601.3.2 Motion was made by Commissioner Cheal and seconded by Commissioner Jones to amend so as to now read as set out below. Motion carried unanimously. The County Code Enforcement Office and the Building Department will enforce building code regulations and County ordinances governing the structural condition of the housing stock, to ensure the provision of safe, decent and sani- tary housing and stabilization of residential neighborhoods. POLICY 601.4.1 Motion was made by Commissioner Stormont and seconded by Commissioner Jones to adopt the Planning Commission's recom- mendation so as to now read as set out below. Motion carried unanimously. By October 16, 1992, Monroe County shall adopt Land Development Regulations which permit group homes and foster care facil- ities licensed or funded by the Florida Department of Health and Rehabilitative Services in all land use categories which permit residential development where con- sistent with other goals, objectives, and policies of this Comprehensive Plan. Motion was made by Commissioner Cheal to retain the schedule agreed on Friday. Motion died for lack of a second. YY 028 CONSERVATION AND COASTAL MANAGEMENT Pat McNeese and John Fernsler gave a brief overview of this Element. Joyce Newman of Clean Water Action and Dagny Johnson of the Upper Keys Citizens Association addressed the Board. Motion was made by Commissioner London and seconded by Mayor Harvey to go back to the original schedule. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones Yes Commissioner Stormont No Mayor Harvey Yes Mayor Pro Tem London Yes Motion carried. RECREATION AND OPEN SPACE John Fernsler gave a brief overview of this Element. Debbie Harrison of The Wilderness Society addressed the Board. POLICY 1201.1.1 Motion was made by Commissioner Stormont and seconded by Commissioner London to amend so as to now read as set out below. Motion carried unanimously. Monroe County shall adopt the following level of service standards to achieve Objective 1201.1, and shall use these standards as the basis for determining recreation land and facility capacity: Level of Service Standard for Neighborhood and Community Parks: 1.64 acres of neighborhood and community parks per 1,000 functional population. Level of Service Standards for Recreational Facilities: (a) one (1) baseball/softball field for every 7,000 functional population; (b) one (1) tennis court for every 6,000 functional population; (c) one (1) equipped play area for every 10,000 population; (d) one (1) picnic area for every 15,000 functional population; (e) one (1) mile of recreational beach shoreline for every 100,000 functional population. POLICY 1201.1.2 Motion was made by Commissioner Stormont and seconded by Mayor Harvey to adopt the Planning Commission's recommen- dation and to amend so as to now read as set out below. Motion carried unanimously. YY 029 Monroe County shall seek to achieve a balance of neighborhood and community parks and to meet the level of service standard for activity -based neighborhood and community parks within service boundaries as follows: (a) 0.82 acres per 1000 functional population of passive, resource -based neighborhod and community parks; and (b) 0.82 acres per 1000 functional Population of activity -based neighborhood and community parks within the Upper Keys, Middle Keys, and Lower Keys service areas. POLICY 1201.1.4 Motion was made by Commissioner Stormont and seconded by Mayor Harvey to adopt a new Policy which will read as set out below. Motion carried unanimously. Monroe County shall review all legal subdivision plats to determine any dedication of property to the County for park lands. Those properties shall be utilized as needed to meet recreational requirements. POLICY 1201.5.2 Motion was made by Commissioner Cheal mendation to delete mously. POLICY 1201.5.3 Motion was made by Commissioner Cheal mendation to delete mously. Commissioner Stormont to adopt the Planning this Policy. Motion Commissioner Stormont to adopt the Planning this Policy. Motion and seconded by Commission's recom- carried unani- and seconded by Commission's recom- carried unani- POLICY 1201.5.4 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the Planning Commission's recom- mendation to delete this Policy. Motion carried unani- mously. POLICY 1201.8.1 Motion was made by Commissioner Stormont and seconded by Mayor Pro Tem London to amend so as to now read as set out below. Motion carried unanimously. Monroe County shall consider entering into an interlocal agreement with the Monroe County School Board which will provide for use of school -based recreation areas by County residents. This agreement shall set forth responsibilities for maintenance, expansion and operating hours of school - based facilities which will be made available for use by County residents. YY '030 This agreement shall be reviewed on an annual basis. POLICY 1201.8.5 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to delete this Policy. During discussion, the motion was withdrawn. Motion was then made by Commissioner Cheal and seconded by Commissioner Stormont to amend so as to now read as set out below. Motion carried unanimously. Monroe County shall coordinate with the National Park Service (NPS) to determine the potential for use of upland scarified parcels for an activity -based or a resource -based neighborhood or community park. Coordination shall address possible construction of new recreation facilities on NPS-owned lands. INTERGOVERNMENTAL COORDINATION John Fernsler gave a brief overview of this Element. Joyce Newman of Clean Water Action, Dagny Johnson of the Upper Keys Citizens Association, and Debbie Harrison of The Wilderness Society addressed the Board. OBJECTIVE 1301.1 Motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously. Monroe County shall establish or main- tain coordination mechanisms to ensure that full consideration is given to the impacts of development allowed by the Monroe County Comprehensive Plan upon the plans of adjacent municipalities, adjacent counties of Dade and Collier, the region, the State and the Federal Government, as well as the impacts of those entities' plans on the County. POLICY 1301.1.3 Motion was made by Commissioner Stormont and seconded by Commissioner Jones to adopt the Planning Commission's recom- mendation so as to now read as set out below. Motion carried unanimously. Monroe County shall resolve conflicts, including but not limited to annexation issues, with Broward, Collier and Dade Counties, the Cities of Key West, Key Colony Beach, and Layton, and the State of Florida through the South Florida Regional Planning Council's informal mediation process. YY 031 POLICY 1301.1.8 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend so as to now read as set out below. Motion carried unanimously. Monroe County shall, through means in Policies 1301.1.3. 1301.1.6 and 1301.1.9, improve communication and conflict resolution among the County, its municipalities, and the State of Florida within the context of the County's designation as an area of critical state concern. Improvement shall be measured based upon the ability of developing joint resolutions in areas of mutual concern. POLICY 1301.1.9 Motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously. By October 16, 1992, Monroe County shall request that the Department of Community Affairs (DCA) initiate intergovernmental agreements with the Department of Health and Rehabilitive Services, Department of Natural Resources, and Department of Environmental Regulation in order to assist them in their efforts to streamline their effectiveness by clearly establishing a coordinated agency review procedure that establishes each agency's responsibilities within Monroe County as stated in Chapter 163, F.S., Chapter 380, F.S. and Section 381.272, F.S. The agreements will establish coordinated permit procedures and greater understanding of mutual concerns and long-term goals. POLICY 1301.1.10 Motion was made by Commissioner Cheal and seconded by Commisisoner Stormont to amend so as to now read as set out below. Motion carried unanimously. On a semi-annual basis, Monroe County shall meet with representatives of federal, state, regional and local agencies that have regulatory authority in the County, and periodically review those agencies' written rules in order to keep up-to-date and informed as to how other agencies' regulatory activities affect implementation of Monroe County's Comprehensive Plan. Monroe County shall be responsible for developing a list to be revised annually of contact persons within all agencies which have jurisdic- tion in Monroe County. In addition, the periodic review of agency rules by the County shall be in writing and provided to the relevant agency to assure further understanding. YY 032 POLICY 1301.1.11 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend so as to now read as set out below. Motion carried unanimously. Monroe County shall attempt to ensure that development activities that require permits from federal, state, regional, and county regulatory authorities are done through a coordinated interagency review process. POLICY 1301.1.12 Motion was made by Commissioner Jones Commissioner Stormont to adopt the Planning mendation to add a new Policy which will below. Motion carried unanimously. and seconded by Commission's recom- read as set out By October 16, 1992, Monroe County shall establish a complete list of existing and planned intergovernmental and inter- agency agreements which shall be updated annually. POLICY 1301.1.13 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to add a new Policy which will read as set out below. Motion carried unanimously. All permitting agencies shall be required per F.S. Chapter 163 to observe and adhere to the Monroe County Comprehensive Plan and Regulations if more stringent than their own. POLICY 1301.2.1 Motion was made by Commissioner Jones and seconded by Commissioner Cheal to amend the following paragraph so as to now read as set out below. Roll call vote was unanimous. Interjurisdictional drainage facilities impacting on the Everglades and Florida Bay Dade, Broward, 9/30/92 Collier and Palm Beach Counties and SFWMD Motion was then made by Commissioner Stormont and seconded by Mayor Harvey to amend the following paragraph so as to now read as set out below and also to add the phrase "or their designees" directly beneath the column heading of "Entity/Entities". During discussion, Mayor Harvey withdrew her second. Commissioner Cheal seconded the motion. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Jones No Commissioner Stormont Yes Mayor Harvey No Mayor Pro Tem Yes Motion carried. Water Quality and permitting DER, ACOE, NOAA, 9/30/93 issues related to canal system EPA and Florida aerators, backfilling and Keys National unplugging Marine Sanctuary YY 0�3 The Board recessed for lunch. The Board reconvened with all Commissioners present except Commissioner Jones. Clerk Danny Kolhage entered the meeting and replaced Deputy Clerk Rosalie Connolly. INTERGOVERNMENTAL COORDINATION (CONTINUED) POLICY 1301.5.1 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the Planning Commission's recom- mendation so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. Monroe County shall request that private providers of health, safety, and educa- tional services review and comment regard- ing this Comprehensive Plan. POLICY 1301.5.3 The Board discussed this Policy. No action was taken. POLICY 1301.5.6 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the Planning Commission's recom- mendation to delete this Policy. Motion carried unanimously with Commissioner Jones not present. POLICY 1301.5.8 Motion was made by Commissioner Cheal and seconded by Mayor Harvey to add a new Policy which will read as set out below. Motion carried unanimously with Commissioner Jones not pre- sent. Monroe County shall, on an annual basis, coordinate with hospitals in the County to insure availability of adequate land to meet hospital expansion and improve- ment requirements. POLICY 1301.6.2 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. As part of the ADID Program, Monroe County shall continue to cooperate with the EPA, the U.S. Army Corps of Engineers (ACOE), the Florida Game and Fresh Water Fish Commission (FGFWFC), and the U.S. Fish and Wildlife Service (FWS) to develop a wet- lands functional assessment protocol. This assessment protocol shall be tailored for use in the Florida Keys and shall be YY 034 based upon habitat suitability, water quality, and flood flow alteration functions of marine and freshwater wet- lands. POLICY 1301.7.2 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the Planning Commission's recom- mendation so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. Monroe County shall coordinate with applicable state agencies to promote utilization of grey water storage systems and utilization for all exterior irriga- tion and flushing purposes. POLICY 1301.7.10 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve the Planning Commission's recommendation and amend so as to now read as set out below. Motion carried unanimously with Commissioner Jones not pre- sent. Monroe County shall implement the following species of special status identification and pro- tection programs in coordination and cooperation with the designated agencies and organizations. Subject Prepare management guidelines for federally -designated wildlife species By September 30, 1993, prepare a list of undesirable exotic wildlife populations Identify probable concentrated range of wildlife species of special status Entity/Entities DNR, FGFWFC, FWS FGFWFC and FWS DNR, Nature Conservancy, FGFWFC and FWS Promote recovery of threatened FGFWFC and FWS and endangered species by co- ordinating development review and protection of horizon sites By October 16, 1992 list off- DNR, Nat'l shore island rookeries and Audubon Society nesting areas where develop- and FWS ment shall be prohibited Determine protection and habi- FWS and FGFWFC tat preservation measures to assist with recovery of Indigo Snake, Key Largo Wood Rat, Silver Rice Rat, Key Largo Cotton Mouse and the Lower Keys Marsh Rabbit POLICY 1301.7.15 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt a new Policy which will read as YY 035 set out below. Motion carried unanimously with Commissioner Jones not present. Monroe County shall coordinate with the Department of Natural Resources and encourage total acquisition of North Key Largo under the CARL Program. POLICY 1301.8.2 Motion was made by Commissioner Stormont and seconded by Mayor Pro Tem London to approve the Planning Commission's recommendation so as to now read as set out below. During discussion, motion was made by Commissioner Cheal to amend the Planning Commission's recommendation to delete the words "in English and Spanish" at the end of the Policy. Motion died for lack of a second. Roll call vote on the original motion was unanimous with Commissioner Jones not present. Monroe County shall initiate an inter - local agreement, with the incorporated municipalities and other appropriate agencies including the National Weather Service, to draft and implement a comprehensive program for expanded resident and visitor hurricane awareness and evacuation procedures. The program will identify education needs and ade- quate funding sources to include, at a minimum, staffing requirements, distribu- tion of hurricane public awareness brochures, media coverage, and public service announcements in English and Spanish. POLICY 1301.5.6 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to add this Policy back so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. Monroe County shall coordinate with The District School Board of Monroe on siting and the expansion of required facilities. POLICY 1301.9.5 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. Monroe County shall coordinate with the National Park Service (NPS) to determine the potential for use of upland scarified parcels for an activity -based or a resource -based neighborhood or community park. Coordination shall address possi- ble construction of new recreation facilities on NPS-owned lands. YY 036 CAPITAL IMPROVEMENTS John Fernsler gave a brief overview of this Element. Dagny Johnson of the Upper Keys Citizens Association and Debbie Harrison of The Wilderness Society addressed the Board. POLICY 1401.3.1 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the Planning Commission's recom- mendation and to amend so as to now read as set out below. Motion carried unanimously with Commissioner Jones not pre- sent. By October 16, 1992, Monroe County shall adopt Land Development Regulations which revise and update the County's current expenditure procedures and proportional fair -share assessment of impact fees, in accordance with the adopted levels of service referenced in Policy 1401.4.1. The revised Land Development Regulations shall also include provisions for the collection of impact fees to offset the public costs of public facilities and services. POLICY 1401.4.1 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to delete Subparagraph (b) of this Policy. Motion carried unanimously with Commissioner Jones not present. POLICY 1401.4.13 Motion was made by Commissioner Cheal to add a new Policy to read "By September 30, 1993, Monroe County shall coordinate with The Monroe County District School Board to prepare a Public Education element of the Comprehensive Land Use Plan." Motion died for lack of a second. POLICY 1401.4.5 Motion was made by Commissioner Cheal recommendation so a carried unanimously Commissioner Stormont and seconded by to approve the Planning Commission's s to now read as set out below. Motion with Commissioner Jones not present. Monroe County shall establish a Con - currency Management System consistent with Chapter 163 to ensure that facilities and services needed to support development are available concurrent with the impact of develop- ment. The Concurrency Management System shall ensure that the County shall issue no development order or permit which results in a reduction in the level of service (LOS) below the adopted LOS standards referenced in Policy 1401.4.1 for those public facilities that are subject to the system. The concurrency test shall be met as early as possible in the development review process. YY 037 OBJECTIVE 1401.4 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to direct Staff to remove the term "paratransit" through to the end of this Element. Motion carried unanimously with Commissioner Jones not present. POLICY 1401.4.3 Motion was made by Commissioner Cheal and seconded by Mayor Harvey to add the words "and services" to the Policy. Roll call vote was taken with the following results: Commissioner Cheal Yes Mayor Harvey Yes Commissioner Stormont No Mayor Pro Tem London No Motion failed. Motion was then made by Commissioner Stormont to remove this Policy in that it does not meet sta- tutory definitions. During discussion, the motion was withdrawn. Motion was then made by Commissioner Cheal and seconded by Commissioner Stormont to amend so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. Monroe County supports the use of tourist - related charges to offset tourist -related impacts on public facilities. Monroe County supports the use of Tourist Develop- ment Council funds to provide public facilities and services that will serve both tourists and residents to the extent allowed by Florida Statutes. POLICY 1401.5.2 The Board discussed this Policy. No action was taken. CAPITAL IMPROVEMENTS IMPLEMENTATION POLICY 3.2.2 Fair Share Impact Fees Motion was made by Commissioner Cheal and seconded by Mayor Harvey to amend so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. Under Article X, Impact Fees of the Monroe County Land Development Regulations, new developments are assessed fair share impact fees to assist in providing fund- ing for facility expansions required to accommodate new growth. Impact fees are currently assessed for the following types of facilities: transportation, solid waste, parks and recreation, library, and police facilities. Concurrent with adoption of the Comprehensive Plan, Monroe County will adopt revisions to Article X which update the current impact fee assessment system, thus ensuring that future development pays a proportionate fair -share cost of facility improvements necessary to maintain the level of service standards adopted pursuant to the Plan. The revisions YY ' 038 will include procedures for assessment of impact fees to help offset the costs of public facilities and services to serve new development. CONSERVATION AND COASTAL MANAGEMENT John Fernsler gave a brief overview of the Element. The following individuals addressed the Board: Dan Garshman, Joyce Newman, Helen Divoll, Dagny Johnson, Peter Kalla, Debbie Harrison, Lloyd Good, Richard Grosso, George Kundtz. GOAL 202 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the Planning Commission's recom- mendation so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. The environmental quality of Monroe County's estuaries, nearshore waters (canals, harbors, bays, lakes and tidal streams), and associated marine resources shall be maintained and, where possible, enhanced. POLICY 202.1.2 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the Planning Commission's recom- mendation so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. Monroe County shall coordinate with EPA, DER, SFWMD and NOAA during completion of Phase II of the Florida Keys National Marine Sanctuary Water Quality Protection Program. Pursuant to the Florida Keys National Marine Sanctuary Act (H.R. 5909), Phase II shall: (a) adopt or revise, under applicable Federal and State laws, applicable water quality standards for the Sanctuary; (b) adopt enforceable pollution control measures (including water quality -based effluent limitations and best manage- ment practices) and methods to eliminate or reduce pollu- tion from point and nonpoint sources; and (c) establish a comprehensive water quality monitoring program to: (1) determine the sources of pollution causing or con- tributing to existing or anticipated pollution problems in the Sanctuary; yy 039 (2) evaluate the effectiveness of efforts to reduce or eliminate those sources of pollution; and (3) evaluate progress toward achieving and maintaining water quality standards and toward protection and restoring the coral reefs and other living marine resources of the Sanctuary. POLICY 202.1.3 Motion was made by Commissioner Stormont and seconded by Commissioner London to amend so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. Within six months following completion of the Water quality Protection Program by DER, Monroe County shall: (a) review the County's policies and regulations pertaining to water quality protection; and (b) draft and complete revisions as appropriate to the County's policies and regulations, including the Land Development Regulations and other sections of the Monroe County Code, as appropriate, to comply with the requirements and intent of the Water Quality Protection Pro- gram. POLICY 202.1.4 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. Within six months following completion of the Water Quality Protection Program by DER, Monroe County shall seek to enter into an agreement with EPA, DER, SFWMD and NOAA which shall describe the responsibilities of each agency and of the County in the water quality monitor- ing program. Monroe County shall: (a) obtain and/or make available the necessary funds to complete the monitoring program tasks for which it is responsible; and (b) execute those tasks in accord- ance with the timeframes outlined by the agreement. YY 040 OBJECTIVE 202.2 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. 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. (See Goal 90 and related objectives and policies.) OBJECTIVE 202.3 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. Monroe County shall develop and implement permitting, inspection, and enforcement procedures designed to reduce pollutant discharges into ground and surface waters from wastewater treatment plants. (See Goal 90 and related objectives and policies.) OBJECTIVE 202.4 Motion was made Mayor Harvey to dation so as to unanimously with by Commissioner Stormont and seconded by approve the Planning Commission's recommen- now read as set out below. Motion carried Commissioner Jones not present. By September 30, 1994, Monroe County shall develop and implement siting and discharge regulations, fee requirements, and enforcement provisions designed to reduce pollutant discharges into surface waters from moored/anchored vessels (live-aboards) in nearshore waters to the extent allowed by law. POLICY 202.4.1 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. By October 16, 1992, Monroe County shall adopt revisions to the Monroe County Code pertaining to live -aboard vessels which: (a) adopt existing federal regula- tions for required marine sanitation; (b) define the term "live -aboard vessel" in terms of type and duration of vessel use (to be consistent with or more strict than pending DNR rule defining "live -aboard vessel"); YY 041 (c) prohibit living on board vessels of any type in resi- dential districts; (d) require non -conforming live -aboard vessels in use as of October 1, 1992 to comply with all applicable regulations on or before September 30, 1993; (e) require that new marinas at which a live -aboard vessel is proposed to be docked provide a pump -out station; (f) require all marinas, regardless of size, to provide signage conspicuously posted at dockage sites which educate the live - aboard public about the importance of pumping out and which give clear directions to the nearest pump -out stations; (g) prohibit construction of docks which permit commercial docking of boats with on -board toilets unless the dock facility is equipped with a sewage pump -out; (h) prohibit construction of docks which permit docking of a live -aboard vessel unless such vessel has an operable holding tank. POLICY 202.4.2 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept the Planning Commission's recommendation and also to amend so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. By September 30, 1993, Monroe County, with the assistance of the Marine and Port Authority Committee, shall present a report to the BOCC concerning live - aboard vessels. This report shall: (a) recommend criteria for siting live -aboard mooring areas; (b) identify potential locations of live -aboard mooring areas; (c) identify live -aboard sanitation requirements; (d) identify maximum vessel allow- ances in live -aboard mooring areas; (e) identify methods for registra- tion and fee collection; (f) propose definitions for live - aboard status; YY ' 042. (g) identify pollutant loadings from live-aboards; (h) identify needs for public pump -out facilities; and (i) determine the extent of local government jurisdiction per- taining to the use of waters of the Florida Keys. POLICY 202.4.4 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. By September 30, 1994, Monroe County shall adopt revisions to the Monroe County Code pertaining to live -aboard vessels which establish the following: (a) live -aboard vessel siting criteria; (b) maximum vessel allowances; (c) no discharge zones within harbors and near -shore waters; (d) sanitation requirements; (e) requirements for live -aboard provisions (such as parking and solid waste disposal; (f) a registration and fee structure for live -aboard moorings (to offset costs of mooring buoys, enforcement efforts and public pump -outs); (g) concurrency provisions; and (h) impact fee provisions. POLICY 202.4.5 Motion was made by Commissioner Stormont and seconded by Mayor Harvey to approve the Planning Commission's recommen- dation so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. By September 30, 1994, Monroe County shall adopt a plan for providing public pump -out facilities in County -owned locations. POLICY 202.5.1 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. YY 043 By October 16, 1992, Monroe County shall adopt revisions to the Land Development Regulations requiring new marinas having ten (10) or more slips (wet or dry), or at which a live -aboard vessel is proposed to be docked, to provide an on -site pumpout station and appropriate sewage treatment to accommodate the number of slips present according to DER and HRS standards. POLICY 202.5.2 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. By October 16, 1992, Monroe County shall adopt revisions to the Land Development Regulations requiring existing marinas making application for site improvements to provide a plan for retrofitting exist- ing facilities to include an on -site pumpout station and sewage treatment. This requirement shall apply to all marinas having ten (10) or more slips (wet or dry), or at which a live -aboard vessel is docked. Implementation of this plan shall be a condition of permit issuance for site improvements at existing marinas. The plan shall be fully implemented within one year of permit issuance. POLICY 202.5.3 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. Existing marinas having ten (10) or more slips (wet or dry), or at which a live - aboard vessel is docked, which have not been retrofitted by September 30, 1994, shall submit a plan to Monroe County for retrofitting existing facilities to include an on -site pumpout station and sewage treatment. This plan shall be submitted by October 1, 1994, and shall be fully implemented by September 30, 1995. Existing marinas subject to the retro- fitting requirement shall be identified through the Marina Survey (see Policy 212.4.2). The County shall notify owners of compliance requirements in writing by September 30, 1993. POLICY 202.5.4 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. YY 044 By September 30, 1995, Monroe County shall require an annual operating permit for all marinas having ten (10) or more slips (wet or dry) or at which a live -aboard vessel is docked. POLICY 202.8.3 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. No maintenance dredging shall be per- mitted within areas vegetated with seagrass beds except for maintenance dredging in public navigation channels. OBJECTIVE 202.9 Motion was made by Commissioner Cheal and seconded by Mayor Pro Tem London to amend so as to now read as set out below. Motion carried unanimously with Commissioner Jones not pre- sent. By October 16, 1992, Monroe County shall develop and implement permitting, inspection, and enforcement procedures designed to reduce pollutant discharges into ground and surface waters from stormwater runoff. (See Drainage Goal 1001 and related objectives and policies.) POLICY 202.11.1 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. Monroe County shall coordinate with the Monroe County Mosquito Control Board, the EPA and the FKNMS to review: (a) application guidelines for aerial pesticide spraying; and (b) alternatives to aerial appli- cations of pesticide. POLICY 202.11.2 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. Monroe County shall request that the state undertake a state-wide research and development program for alternatives to aerial applications of pesticides for mosquito control. This program should emphasize ground controls, including bio- logical controls. It should be conducted through existing mosquito control districts and independent researchers, in cooperation with EPA and the Florida Keys National Marine Sanctuary. yy 045 POLICY 202.12.3 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept Planning Commission's recommen- dation to adopt this new Policy and to also amend same so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. By September 30, 1993, Monroe County shall establish a requirement by develop- ment regulation that all new and replace- ment petroleum and gasoline storage facilities be double walled. OBJECTIVE 202.14 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept Planning Commission's recommen- dation and to also amend same so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. By September 30, 1993, Monroe County shall make a determination as to the appropriate use of aerators, backfilling, the opening of dead-end canals, and the utilization of weed restriction devices as a means of improving water quality in canal systems and shall request, if appropriate, a special rule for the Florida Keys pertaining to the use of same. POLICY 202.14.1 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. Monroe County shall work cooperatively with DER and the COE to identify the water quality and permitting issues related to the use of aerators, back - filling, the opening of dead-end canals, and the utilization of weed restriction devices in canal systems. POLICY 202.14.2 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. Monroe County shall support an independent research study through a university or other impartial research foundation designed to determine the possible applications and impacts of aeration, backfilling, the opening of dead-end canals, and the utilization of weed restriction devices in canal systems in the Florida Keys. YY 046 POLICY 202.14.3 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. Monroe County shall, if deemed appropri- ate after study of water quality issues, request consideration of a special rule for the Florida Keys pertaining to the use of aerators, backfilling, the open- ing of dead-end canals, and the utilization of weed restriction devices in canal systems. POLICY 203.1.2 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. By October 16, 1992, Monroe County shall adopt a mangrove trimming ordinance for the Florida Keys. Regulations of this ordinance shall be developed in co- operation with the DER. These regula- tions shall restrict mangrove trimming to the minimal alteration necessary to maintain navigation in existing navigable channels and canals, or where necessary to allow an upland owner limited ingress and egress to waters and limited visual access to adjacent waters. COMMISSIONER JONES ENTERED MEETING AND TOOK HIS SEAT POLICY 203.1.4 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve the Planning Commission's recommendation and to amend same so as to now read as set out below. Roll call vote was taken with the following results: Commissioner Mayor Harvey Commissioner Commissioner Mayor Pro Te Motion carried. Cheal m Yes No Jones Yes Stormont Yes London Yes By October 16, 1992, the Land Develop- ment Regulations pertaining to docking facilities and piers shall be revised to provide further protection to shore- line mangroves. Docking facilities, piers and other shoreline structures shall not be per- mitted which cover or remove a healthy mangrove fringe. yy 447 Where a healthy mangrove fringe exists along a residential canal shoreline, then a dock perpendicular to the shore- line (T-dock) shall be the only dock design permitted. Construction of T-docks in such locations shall be undertaken so as to ensure the survival of the mangrove fringe in healthy condition. The portion of the dock connecting to the shoreline shall not exceed ten (10) percent of the lot width. POLICY 203.2.2 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend so as to now read as set out below. Roll call vote was taken with the following results: Commissioner Cheal Yes Mayor Harvey No Commissioner Jones No Commissioner Stormont Yes Mayor Pro Tem London Yes Motion carried. By October 16, 1992, Monroe County shall adopt revised Land Development Regulations which shall continue to prohibit the location of docking facilities and piers over submerged land which is vegetated with seagrasses, and any exceptions if in concert with this goal. POLICY 203.2.3 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend so as to now read as set out below. Roll call vote was taken with the following results: Commissioner Mayor Harvey Commissioner Commissioner Mayor Pro Tem Motion carried. Cheal Yes No Jones No Stormont Yes London Yes By October 16, 1992, Monroe County shall adopt revisions to the Monroe County Code which will continue to: (a) prohibit new dredging in the Florida Keys; and (b) prohibit maintenance dredging within areas vegetated with seagrass beds except for maintenance dredging in public navigation channels. POLICY 203.3.4 Motion was made by Commissioner Stormont and seconded by Commisisoner Cheal to add a new Policy which will now read as set out below. Motion carried unanimously. Monroe County shall continue to protect, preserve and enhance the coral reef through its Land Development Regulations. Motion was then made by Commissioner Stormont and seconded by Commissioner Cheal directing Staff to investigate the inclusion of reef protection provisions currently in Volume II, Section 102 Near -Shore Waters for potential inclusion in the Comprehensive Land Use Plan prior to adoption. Motion carried unanimously. POLICY 203.4.8 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept Planning Commission's recommen- dation so as to now read as set out below. Motion carried unanimously. Monroe County shall support and, wherever feasible, aid private and non-profit groups as well as public agencies in promoting aquaculture. The purpose(s) of such aquaculture shall be to augment fisheries, limit stress on fisheries, and/or replace depleted stock in the Florida Keys. POLICY 203.6.2 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously. Monroe County shall continue to support the "Florida Keys National Marine Sanctuary Management Program" (U.S. Dept. of Commerce, NOAA, in preparation). This program shall include management strategies for the protection of living marine resources in the waters of the Florida Keys. POLICY 204.2.2 Motion was made by Commissioner Stormont and seconded by Commissioner Jones to accept the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously. No fill shall be permitted in submerged lands, mangroves, salt ponds, and fresh- water wetlands. No structures shall be permitted in submerged lands, mangroves, salt ponds, and freshwater wetlands, except for elevated, pile -supported walkways, docks, piers and utility pilings. POLICY 204.2.3 Motion was made by Commissioner Commissioner Jones to accept the recommendation so as to now read carried unanimously. Cheal and seconded by Planning Commission's as set out below. Motion yy 049 No fill or structures shall be permitted in undisturbed salt marsh and buttonwood wetlands, other than the following: (a) utility pilings; (b) pilings for elevated walkways and docks; and (c) accessways to structures, located on upland or disturbed saltmarsh and buttonwood wet- lands and included within the same property, for which there is no alternate means of access; such access shall be by elevated structure that is designed and constructed such that the natural movement of water, including volume, rate and direction of flow, shall not be substantially disrupted or altered. Motion was made by Commissioner Cheal directing Staff to look at Volume II and to integrate all the protections in the new Plan as appropriate. During discussion, the motion was withdrawn. POLICY 205.2.4 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend so as to now read as set out below. Motion carried unanimously. Bulk regulations and development standards shall be reviewed and revised so as to allow greater flexibility for clustering. POLICY 205.2.5 Motion was made by Commissioner Cheal and seconded by Commissioner Jones to adopt the Planning Commission's recom- mendation as amended so as to now read as set out below. Motion carried unanimously. Environmental Impact Assessments shall include identification of measures for protecting native upland vegetation to the greatest extent possible (see Goal 218 and related objectives and policies). Successful implementation of these measures shall be required as a condition of issuance of a certificate of occupancy. Motion was made by Commissioner Jones and seconded by Commissioner Cheal to authorize Staff to make any necessary changes to correct inconsistencies which result from Board changes to the final draft plan. Motion carried unani- mously. YY . 0 5 0 POLICY 205.2.6 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend the first sentence so as to now read as set out below. Motion carried unanimously. The Open Space Requirements for native upland vegetation communities which exhibit functional integrity and via- bility shall be retained at their exist- ing percentages, as follows: OBJECTIVE 205.5 Motion was made by Commissioner Stormont and seconded by Commissioner Jones to adopt the Planning Commission's recom- mendation so as to now read as set out below. Motion carried unanimously. By September 30, 1993, Monroe County, together with private, state and federal agencies, shall establish a program for acquiring undisturbed native upland habitat. (See Future Land Use Objective 102.4 and related policies.) POLICY 206.1.9 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the Planning Commission's recom- mendation so as to now read as set out below. Motion carried unanimously. Existing and new outdoor lighting shall be restricted/or prohibited, as appropri- ate, so as to avoid adverse impacts on beach nesting areas. (See Policies 207.9.6 and 207.9.7.) Motion was made by Commissioner Stormont and seconded by Commissioner Cheal that the final adopted Comprehensive Land Use Plan and Regulations incorporate explicitly that defini- tions are consistently applied to both the Comprehensive Land Use Plan and the Land Development Regulations. Motion carried unanimously. POLICY 207.1.1 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously. An Environmental Impact Assessment (EIA) shall be required for major development projects. (See Goal 218 and related objectives and policies.) As part of the EIA, the applicant shall be required to complete the following activities related to wildlife and wildlife habitat: (a) a species survey to include, at a minimum, species of special status that are known to inhabit biological communi- ties similar to those existing on the site in the project area; yy 051 (b) an assessment of probable impacts on those species associated with the proposed development; and (c) identification of measures that will avoid or lessen the identified wildlife impact. Monroe County shall, when deemed appropri- ate, incorporate the wildlife impact avoidance measures as stipulations for the land development order. POLICY 207.7.1 Motion was made by Commissioner Stormont and seconded by Commissioner Jones to approve the Planning Commission's recommendation so as to now read as set out below. Roll call vote was taken with the following results: Commissioner Cheal Yes Mayor Harvey No Commissioner Jones Yes Commissioner Stormont Yes Mayor Pro Tem London Yes Motion carried. Monroe County shall regulate future development and coordinate the provision of public facilities on Big Pine Key con- sistent with the Goals, Objectives and Policies of this Comprehensive Plan and in order to: (a) protect the Key deer; (b) preserve and enhance the habitat of the Key deer; and (c) maintain the rural, suburban, and open space character of Big Pine Key. (See Future Land Use Objective 103.1 and related policies.) POLICY 207.7.10 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve the Planning Commission's recommendation. Motion was then made by Mayor Harvey and seconded by.Commissioner Jones to amend to make a modifica- tion. The amendment was accepted by the maker and became part of the original motion so that the Policy will now read as set out below. Motion carried unanimously. By October 16, 1992, Monroe County shall adopt revisions to the Land Development Regulations pertaining to construction of fences on Big Pine Key. These shall limit fencing to the enclosure of the buildable area of a property to provide for Key Deer circulation and to avoid hazardous condi- tions for children and Key Deer. YY 052 POLICY 207.7.11 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously. By September 30, 1993, Monroe County, in cooperation with the FWS, shall develop and implement roadside management tech- niques which allow greater visibility of Key Deer and which decrease Key Deer feeding on shoulders in high highway mortality areas on Big Pine Key. These techniques may include clearing and graveling of road shoulders along Key Deer Boulevard, Watson Boulevard, and Wilder Road. POLICY 207.7.12 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously. By October 16, 1992, Monroe County shall meet with the FWS to determine measures which can be taken by the County to support the FWS in enforcing existing no feeding laws pertaining to the Key Deer. OBJECTIVE 207.7.17 Motion was made by Commissioner Cheal and seconded by Commissioner Stormont to approve a new Policy which will now read as set out below. Motion carried unanimously. Monroe County shall coordinate with FWS and FGFWFC to develop criteria to determine roadway management techniques to reduce vehicular deer collisions within the National Key Deer Refuge. The Board discussed a policy concerning criteria for future roadway needs and methods. No action was taken. POLICY 207.8.8 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept the Planning Commission's recommendation and to modify same so as to now read as set out below. Motion carried unanimously. By September 30, 1993, Monroe County shall adopt revisions to the Land Development Regulations which will pro- tect marine turtles, crocodiles, and alligators from land development activities. Regulations shall generally accomplish the following: (a) restrict existing and prohibit new beachfront outdoor lighting in the vicinity of turtle nesting areas; YY 053 (b) prohibit structures within fifty (50) feet of the crest of the beach/berm for any beach which is known to serve as an active nesting area for marine turtles; (c) establish general standards for coastal construction in the vicinity of active nesting areas for marine turtles; and (d) require removal of invasive exotic vegetation from develop- ment sites in beach/berms as a condition of development approval for adjacent uplands. (See Policy 206.1.7.) POLICY 207.9.2 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously. By September 30, 1993, the Monroe County Biologist, in cooperation with DNR, FGFWFC, and the National Audubon Society Research Department shall compile a list of nesting sites in the Lower, Middle and Upper Keys known to be used by federally -designated birds, including the southern bald eagle (Haliaeetus leucocephala), roseate tern (Sterna dougalii), piping plover (Charadrius melodus), peregrin falcon (Falco peregrinus tundrius), and least tern (Sterna antillarum). POLICY 207.10.2 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend so as to now read as set out below. Motion carried unanimously. By September 30, 1993, sites identified pursuant to Policy 207.10.1 shall be identified as priority acquisition sites for conservation purposes. Acquisiton shall be considered through the Monroe County Natural Heritage and Park Program. (See Future Land Use Objective 102.4 and related objectives and policies.) POLICY 207.10.4 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the Planning Commission's recom- mendation so as to now read as set out below. Motion carried unanimously. Monroe County shall coordinate regularly with the Mosquito Control District to promote continued conformance with aerial pesticide spraying guidelines for avoid- ing Schaus' swallowtail butterfly habitat. YY 054 POLICY 207.10.7 Motion was made by Commissioner Stormont and seconded by Commissioner Jones to approve the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously. Monroe County shall encourage planting of torchwood (Amyris elemifera) within the range of the Schaus' swallowtail butterfly habitat. Restoration sites shall be revegetated, in part, with torchwood. Tree donations for replacement shall include torchwood. POLICY 207.11.1 Motion was made by Commisisoner Cheal to delete the reference to "Biologist". Motion died for lack of a second. POLICY 207.12.1 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the Planning Commission's recom- mendation so as to now read as set out below. Roll call vote was taken with the following results: Commissioner Mayor Harvey Commissioner Commissioner Mayor Pro Tem Motion carried. Cheal Yes No Jones No Stormont Yes London Yes By September 30, 1993, Monro County, in cooperation with the FWS and FGFWFC, shall identify wetland and native upland habitats which are documented habitat for the following: (a) eastern indigo snake (Drymachron corais couperi) (sites from No Name Key to Sugarloaf Key, on Big Torch Key, Middle Torch Key, Big Pine Key and Plantation Key); (b) silver rice rat (Orzomys argentatus) (sites on Cudjoe, Summerland, Big Torch, Middle Torch, Saddlebunch, Little Pine, Raccoon, Water, and Johnson Keys); (c) Lower Keys marsh rabbit (Sylvilagus palustris hefneri) (sites on Sugarloaf, Welles, Annette, Boca Chica, Big Pine and Hopkins Keys); (d) Key Largo wood rat (Neofoma floriddana smalli) (on Key Largo); (e) Key Largo cotton mouse (Peromyscus gossypinus allapaticola) (on Key Largo); and yy 055 (f) American crocodile (Croccodylus acutus). POLICY 208.2.1 Motion was made by Commissioner Stormont and seconded by Commissioner Jones to amend so as to now read as set out below. Motion carried unanimously. New mining activities and expansions to existing mining operations shall be pro- hibited on offshore islands and within two miles of areas with concentrations of development of more than one unit per acre. POLICY 208.2.4 Motion was made by Commissioner Stormont and seconded by Mayor Harvey to amend so as to now read as set out below. Motion carried unanimously. Proper precautions shall be taken to prevent adverse effects from blasting within two miles of areas with concen- trations of development of more than one unit per acre. POLICY 208.2.7 Motion was made by Commissioner Stormont and seconded by Commissioner Jones to approve the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously. As a condition of renewal for annual operating permits, existing,resource extraction operators shall submit the following plans: (a) stormwater management plan; (b) soil erosion and sedimentation control plan; (c) fugitive dust control plan; (d) reclamation plan (consistent with standards adopted pursu- ant to Policy 208.2.6); (e) survey information documenting maximum depth of excavation; and (f) a risk analysis and mandatory pre -blasting survey shall be conducted for every structure within a scaled distance of 150 feet as defined in the Monroe County Blasting and Explosives Ordinance. YY 056 POLICY 208.2.10 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to add a new Policy which will read as set out below. Motion carried unanimously. No permit renewals shall be issued for non -conforming use within zoning districts. POLICY 208.2.11 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept the Planning CommiGsio^'- recommendation to add a new Policy which will read as set out below. Motion carried unanimously. Oil and gas exploration, extraction and production in Monroe County shall be prohibited. Monroe County will also oppose oil, gas and mineral exploration, extraction and production in the Florida Keys National Marine Sanctuary. OBJECTIVE 209.2 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept the Planning CommisSion'S recommendation so as to now read as set out below. Motion carried unanimously. Monroe County shall regulate land use activities on the islands in the sur- rounding waters of Florida Bay, Hawk Channel, and other waters within the legal boundaries of Monroe County. GOAL 210 Motion was made by Commissioner Stormont and seconded by Mayor Harvey to adopt the Planning Commission's recommen- dation so as to now read as set out below. Motion carried unanimously. Monroe County shall restore, where practicable, disrupted marine, wetland, beach/berm, and native upland vegetation systems on County -owned public lands. OBJECTIVE 210.1 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend so as to now read as set out below. Motion carried unanimously. By September 30, 1993, Monroe County shall initiate a program to restore and maintain disrupted marine, wetland, beach/berm and native upland vegetation systems on Monroe County public lands. GOAL 211 Motion was made by Commissioner Cheal and seconded by Mayor Harvey to amend so as to now read as set out below. Motion carried unanimously. YY 05 7 Monroe County shall conserve and protect potable water resources and cooperate with regional efforts to ensure the continued availability of quality potable water. POLICY 212.2.1 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously. Minimum coastal construction setbacks currently in use in Monroe County shall be reviewed in coordination with DNR and FGFWFC. Setbacks shall be identified which will accomplish the following: (a) protect natural shoreline vegetation; (b) protect marine turtle nesting beaches; (c) protect water quality (through assimilative and filtrative uptake of pollutants by pro- tected natural shoreline vegetation); (d) protect structures from the effects of long-term sea level rise; (e) protect beaches and shorelines from erosion; and (f) protect the character and over - water views of the community. Existing setbacks in the Land Development Regulations (Monroe County BOCC, 1990) shall be revised as deemed appropriate based upon findings of this review. The setbacks currently in use shall be the minimum and shall not be relaxed. Exist- ing setbacks in the Land Development Regulations are summarized as follows: (a) twenty (20) feet from the mean high tide line of manmade water bodies and/or lawfully altered shorelines of natural water bodies; (b) fifty (50) feet from natural water bodies with unaltered shorelines or unlawfully altered shorelines, measured from the landward limit of mangroves, if any, and where mangroves do not exist, from the mean high tide line; and YY 11 058 (c) fifty (50) feet from any shore- line area which is known to serve as an active nesting or resting area for marine turtles, crocodiles, terns, gulls and other birds. POLICY 212.4.3 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to approve the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously. Monroe County shall develop and adopt marina siting criteria. In general, marinas shall be located in areas where maximum physical advantages exist and where no unreasonable or excessive impacts are foreseen on marine resources. Marina construction shall not involve destruction of any significant marine wetlands or seagrass beds. Specific criteria for marina siting shall be developed consistent with DER Rule 17-312, F.A.C., DNR Rule 18-21.004 F.A.C., and regulations of COE. They shall reflect consideration of the following: (a) benthic vegetation and faunal assemblages; (b) adequacy of circulation and tidal flushing; (c) access to deep water through existing channels of adequate depth (see Poicy 212.5.2); (d) minimal shoreline modification necessary; (e) quality and size of upland areas and degree of alteration necessary; (f) abililty to restore and enhance marina resource values at sites subject to past alteration; (g) location of propeller dredging problem areas; and (h) impact of boats on crocodiles, manatees, and turtles. POLICY 212.5.2 POLICY 212.5.3 POLICY 212.5.4 POLICY 212.5.5 POLICY 212.5.6 POLICY 212.5.7 Motion was made by Mayor Pro Tem London and seconded by Commissioner Jones to postpone these items for consideration to Tuesday, May 19th. Roll call vote was unanimous. YY a 519 POLICY 212.5.8 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously. Docking facilities, piers and other shoreline structures shall not be per- mitted which cover or remove a healthy mangrove fringe. Where a healthy mangrove fringe exists along the shoreline, then a dock perpen- dicular to the shoreline (T-dock) shall be the only dock design permitted. Construction of T-docks in such locations shall be undertaken so as to ensure the survival of the mangrove fringe in healthy condition. The portion of the dock connecting to the shoreline shall not exceed ten (10) percent of the lot width. POLICY 212.6.3 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to amend to strike the words "as deter- mined by the County Biologist" in Subparagraph (b). Motion carried unanimously. POLICY 213.1.5 ,._.. Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept the Planning Commission's recommendation to add a new Policy which will now read as set out below. Motion carried unanimously. Monroe County shall not vacate public rights of way that terminate on a water body. POLICY 212.6.3 Motion was made by Commissioner Jones and seconded.by Mayor Harvey to reconsider the Board's previous action regarding this Policy. Roll call vote was taken with the following results: Commissioner Cheal Yes Mayor Harvey Yes Commissioner Jones Yes Commissioner Stormont Yes Mayor Pro Tem London No Motion carried. Staff was directed to review the provisions of this Policy. Motion was then made by Commissioner Jones and seconded by Mayor Harvey to approve the Planning Commission's recommendation as amended so as to now read as set out below. Roll call vote was taken with the following results: Commissioner Cheal Yes Mayor Harvey Yes Commissioner Jones Yes Commissioner Stormont No Mayor Pro Tem London No Motion carried. YY 060 Bulkheads, seawalls or other hardened vertical shoreline structures shall be permitted on residential canals and altered shorelines only in the following situations: (a) to replace an existing deteriorated bulkhead or sea- wall; or (b) to stabilize a severely eroding shoreline area; or (c) except in canals to be exempted by the Board of County Commissioners. OBJECTIVE 216.1 Motion was made by Commissioner Stormont to approve the Planning Commission's recommendation. During discussion, the motion was withdrawn. Motion was then made by Mayor Harvey and seconded by Mayor Pro Tem London to amend so as to now read as set out below. Motion carried unanimously. Monroe County shall reduce the 1990 hurricane evacuation clearance time of 35 hours to 30 hours by the year 2002 and to 24 hours by the year 2010. POLICY 216.1.2 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously. By October 16, 1992, Monroe County shall initiate an interlocal agreement with the cities of Key West, Key Colony Beach, and Layton. The agreement shall establish an entity comprised of repre- sentatives of the four jurisdictions which shall be responsible for: (a) allocating the relative proportions of future resi- dential development within the four jurisdictions consistent with the Permit Allocation System; (b) establishing a system to monitor future development within the jurisdictions; and (c) mediating disputes between the jurisdictions regarding the allocation of future develop- ment. Monroe County shall seek the assistance of the Florida Department of Community Affairs and/or the South Florida Regional Planning Council to ensure execution of the agreement by September 30, 1993, and subsequent compliance. YY 0 61 POLICY 216.1.5 Motion was made by Commissioner Stormont and seconded by Mayor Harvey to accept the Planning Commission's recommen- dation so as to now read as set out below. Motion carried unanimously. As part of the 5-year Comprehensive Plan -- Evaluation and Appraisal Report process, Monroe County shall, in coordination with the South Florida Regional Planning Council and the municipalities of Key West, Layton, and Key Colony Beach, re- run updated transportation models of the Southeast Florida Hurricane Evacuation Study in order to re-evaluate and adjust such factors as participation rates, visitor population levels, total growth allocations, allocations to sub -areas and municipal jurisdictions and estimates of the effectiveness of programs and policies to reduce the number of evacuating vehicles. POLICY 216.1.16 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to adopt the Planning Commission's recom- mendation so as to now read as set out below. Motion carried unanimously with Commissioner Jones not present. By September 30, 2002, Monroe County shall coordinate with the Florida Department of Transportation (FDOT) to ensure that US-1 roadway capacity improvements necessary to reduce hurricane evacuation clearance time to 24 hours, including but not limited to improvements to US-1 between MM 80 and MM 90, are completed by 2010. POLICY 216.1.17 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously. By September 30, 1993, Monroe County shall develop programs to reduce the number of evacuating vehicles including, but not limited to, programs to encourage ride -sharing and transit usage and, con- sistent with applicable law, evacuating vehicle registration requirements. POLICY 218.1.1 Motion was made by Commissioner Stormont and seconded by Mayor Harvey to approve the Planning Commission's recommen- dation so as to now read as set out below. Motion carried unanimously. Guidelines shall be incorporated into the Land Development Regulations specifying the form and content of EIA's. At a minimum, an EIA shall contain the following: YY 062 (a) description of the proposed development action; (b) description of existing site conditions; (c) analysis of impacts of the proposed development on the following: (1) soils, (2) wetlands, (3) native upland vegetation, (4) wildlife habitat, (5) rare and endangered plant and animal species, (6) water quality, (7) living marine resources, (8) air quality, (9) drainage, (10) water supply, (11) wastewater treatment and disposal, (12) solid waste disposal, (13) transportation, (14) housing, (15) historic and archaeological resources, (16) conservation lands, (17) community character, (18) economic impacts, (19) other special consideration as may be identified by the Department of Planning; and (d) measures designed to reduce ident- ified impacts. POLICY 218.1.3 Motion was made by Commissioner Stormont and seconded by Commissioner Cheal to accept the Planning Commission's recommendation so as to now read as set out below. Motion carried unanimously. Prior to adoption, the EIA requirements shall be subject to review. To the extent possible, the reviewers shall include those individuals who partici- pated in the development of the existing HEI methodology. POLICY 216.1.3 Motion was made by Commissioner Cheal and seconded by Mayor Harvey to amend so as to now read as set out below. Motion carried unanimously. During a hurricane evacuation, Monroe County shall designate US-1 and Card Sound Road, after the Card Sound roadway improvements are completed, as evacuation routes as directed by the Department of Emergency Management. YY 063 r TRAFFIC CIRCULATION Mark Rosch gave a brief overview of this Element. There was no public input. 11 POLICY 301.1.1 Motion was made by Mayor Pro Tem London and seconded by Commissioner Jones to approve the Planning Commisison's recommendation so as to now read as set out below. Roll call vote was taken with the following results: Commissioner Mayor Harvey Commissioner Commissioner Mayor Pro Tem Motion carried. Cheal No Yes Jones Yes Stormont Yes London Yes For all County roads, Monroe.County hereby adopts a minimum peak level of service (LOS) standard of D, based on the Florida Department of Transportation (FDOT) methodology for determination of LOS, as measured by peak hour traffic volume. The County shall maintain the level of service on County roads within five percent (5%) of LOS D. .-- POLICY 301.1.2 Motion was made by Mayor Pro Tem London and seconded by Commissioner Jones to adopt the Planning Commission's recom- mendation so as to now read as set out below. Roll call vote was taken with the following results: Commissioner Cheal No Mayor Harvey Yes Commissioner Jones Yes Commissioner Stormont Yes Mayor Pro Tem London Yes Motion carried. For US-1, Monroe County hereby adopts a level of service (LOS) standard of C based on the methodology developed by the US-1 LOS Task Force and adopted by the Board of County Commissioners in August 1991 for analyzing the LOS on US-1 in Monroe County. This methodology replaces a peak hour volume standard for US-1. The level of service on US-1 shall be maintained within five percent (5%) of LOS C. POLICY 301.4.1 Motion was made by Commissioner Stormont and seconded by Mayor Harvey to adopt the Planning Commisison's recommen- dation so as to now read as set out below. Motion carried unanimously. YY 064 The capacity of US-1 in unincorporated Monroe County shall be limited to four lanes. Densities and intensities on the Future Land Use Map and allowed by the permit allocation system shall not exceed those that can be accommodated by the four -lane limitation on US-1. POLICY 301.2.6 Motion was made by Commissioner Stormont and seconded by Mayor Harvey to adopt a new Policy which will now read as set out below. Motion caried unanimously. Monroe County shall cooperate with FDOT so as to prevent surplusing of FDOT properties which may utlimately be required for implementation of traffic circulation policies and goals. POLICY 301.6.2 Motion was made by Commissioner Stormont and seconded by Mayor Harvey to adopt the Planning Commission's recommen- dation so as to now read as set out below. Motion carried unanimously. By September 30, 1993, Monroe County shall initiate interlocal agreements with Key West, Key Colony Beach, and Layton addressing coordination of concurrency management with oversight by the South Florida Regional Planning Council. POLICY 301.7.3 Motion was made by Commissioner Cheal and seconded by Mayor Harvey to approve the Planning Commission's recommendation to add a new Policy and to amend same so as to now read as set out below. Motion carried unanimously. In recognition of the physical and environmental cconstraints that may affect the widening of US-1 to four lanes, those portions of US-1 shown as two lanes on the Future Traffic Circulation Map shall be limited to two lanes for the planning horizon, except to address hurricane evacuation and transportation system management requirements. POLICY 301.8.1 Motion was made by Commissioner Stormont and seconded by Mayor Harvey to amend so as to now read as set out below. Motion carried unanimously. By September 30, 1992, Monroe County shall submit to the FDOT proposed access classifications for all segments of US-1, consistent with the guidelines established by the FDOT in Rule 14-97. Monroe County staff shall coordinate with the FDOT in preparing the final access classifications by meeting with FDOT staff, reviewing proposed changes to the County's access classifications, and participating in yy 065 FDOT public hearings. The Land Development Regulations prepared purusant to this Comprehensive Plan shall ensure that future driveway and roadway connections to US-1 provide for shared driveway access and minimum use of new curb cuts, where appropriate, as provided in Rule 14-97 F.A.C. There being no further business today, this Special Meeting was adjourned.