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12/10/1992 Special,t j i 1 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 92/474 Special Meeting/Land Use Plan Board of County Commissioners Thursday, December 10, 1992 Key Colony Beach A Special Meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. Present and answering to roll call were Commissioners Earl Cheal, Shirley Freeman, Mary Kay Reich and Mayor Jack London. Absent from the meeting was Commissioner Harvey. Also present were Danny Kolhage, Clerk; Rob Wolfe, Assistant County Attorney; Tom Brown, County Administrator; County Growth Management Staff; members of the Press and Radio; and the general public. Glen Boe addressed the Board. Environmental Resources Director, Pat McNeese, addressed the Board concerning her memorandum dated December 10, 1992, regarding Docks and Mangroves. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to approve the following item: Dock Length, Page 2, 3. 2. Substitute the language submitted by Clear Filer, as follows: Policy 212.5.4 (page 40 of the 12/92 Change Document) (a) the maximum permitted length of docks shall be commensurate with the shoreline width of the land parcel at which the dock is located, subject to a maximum length of 200 feet from the mean low water line; Roll call vote was taken with the following results: 92/475 Commissioner Cheal No Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich Yes Mayor London Yes Motion carried. Motion was made by Commissioner Freeman and seconded by Commissioner Cheal to approve the following item: Water Depth, Page 3 Policy 212.5.2 (page 39 of the 12/92 Change Document) All docking facilities and piers other than those that are accessory to single family dwelling units shall have continuous access form the terminal end of the dock to deep water with a minimum depth of minus four (-4) feet mean low water extending over a channel width of twenty (20) feet. Such access shall provide consistent navigational access to deep water with depths greater than minus four (-4) feet mean low water. Any docking facility that is accessory to a single family dwelling unit shall have a depth of minus three (-3) feet mean low water. Any docking facility that is accessory to a single family dwelling unit shall have a depth of minus three (-3) feet mean low water or greater at the terminal end and shall have access by an existing, established channel. LDRs, Art. 5, Div. 10, Sec. 10, (M) (2) d & e, Page 28 d. No docking facility except for those accessory to a single family dwelling unit shall be developed at any site unless a minimum channel of twenty (20) feet in width where a mean low water depth of at least four (4) feet exists and is continuous to the Florida Straits or the Gulf of Mexico; e. No docking facility accessory to a single family dwelling unit shall be developed at any site unless a minimum mean low water depth of three (3) feet exists and access to the site is by means of an existing established channel or canal; Roll call vote was unanimous. Ken Metcalf of the Department of Community Affairs addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to refer other dock length issues to Staff for recommendation back to the Board. Motion carried unanimously. 92/476 Naulda Bomier, Monica Haskel, George Tschann addressed the Board. Motion was made by Commissioner Reich and seconded by Commissioner Cheal that the West End highway situation and letter from Governor Lawton Chiles be the subject of a presentation to the Board at a future date. During discussion, the motion was withdrawn. Fred Dick, Debbie Harrison of the Wilderness Society, Samuel Arutt, Dagny Johnson, representing the Upper Keys Citizens Association, and George Knudtz, of the Florida Keys Citizens Coalition, addressed the Board concerning the Land Use Plan. Engineering Director, Dave Koppel and John Fernsler of Wallace Roberts & Todd, addressed the Board concerning the Land Use Plan. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to adopt a Resolution concerning inadequate economic analysis completed by the firm of WRT as part of the Monroe County Comprehensive Plan. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor London Motion failed. Cheal Yes Freeman No Harvey No Reich No No Bill Keith of Keith & Schnars addressed the Board concerning a wastewater and water quality study. Fred Tittle and Charles Pattison addressed the Board. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman directing Staff, in coordination with the Consultants, (on a pro bono basis), and the attorney, draft language requesting the Department of Health and Rehabilitative Services to enforce the provisions of law in reference to illegal on -site wastewater treatment facilities and nuisances as defined in Florida Statutes 386.041. Roll call vote was unanimous. Motion was made by Commissioner Cheal and seconded by Mayor London directing Staff to negotiate a contract with Post, Buckley, Schuh, & Jernigan to update the Human Behavioral Study and run new evacuation models considering the impacts of Southeast Florida on the Keys and considering additional time required to make major repairs on drawbridges and considering places of refuge for evacuees in an amount not to exceed the grant funding of $47,500.00. Roll call vote was unanimous. John Fernsler, Monica Haskel, Earl Gallop of Sea Camp, and Herb Pontin addressed the Board. The Board discussed the request by Decarion for a future land use map amendment. Motion 92/477 was made by Commissioner Cheal and seconded by Commissioner Reich to ask the attorney to develop a general policy in reference to changes to the Future Land Use Map for those properties currently in litigation. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to approve the following Staff recommendations for map changes: Landowner Location Staff Recommendation Intus, AG Lts 1-8, Bk 3 C category is inten- (Tobin) Plat #5, Key Largo ded for govt-owned City, Ind. Sect. property only. Chg. MM 106, Key Largo from C to RL if not part of state con- demnation. Leave as C if condemned for sale to state. Wrenn Pt, south 1/2 of No change at this (Tobin) Absolom Albury time. Review Tract MM 90, at next round of Plantation map amend. Clinton Pt Govt Lt 2 No change at this (Tobin) 101st St & US 1 time. Review MM 52.5, Marathon at next round of map amend. Parks Lt 38, Bk 7 No change at this KL Ocean Isl Ests time. Review MM 97.4 Key Largo at next round of map amend. F & R Ptrs. Whispering Pines Chg. lot 21 to RH. (Tobin) Trailer Park Sans Souci Subd. MM 58.5, Grassy Key Behrman Lt 1-10, 12-16, No change; leave as Bk 1, BC Moreno's RL Subd. MM 105, Key Largo F1 Rock & Pt Lt 6, MacDonald No change at this 92/478 Sand Plat, 20 ac. time. Review (Tittle) Orange Blossom Rd. at next round of MM 92.5, Tavernier map amend. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey directing Growth Management Director, Bob Herman, to provide at least two copies of the "Updated Revision to the Policy Document" in the libraries five (5) days before the next scheduled hearing. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Freeman authorizing the adoption hearing be set by the Mayor at a time after notification by the Director of Growth Management that proposed changes have been distributed, the date of the adoption hearing will be not less than five (5) days after the distribution of the proposed changes and with no intervening Board of County Commission Meetings. Motion carried unanimously. Charles Pattison addressed the Board. County Administrator Tom Brown discussed a Special Meeting requested to consider Mariner's Hospital issues. Motion was made by Commissioner Cheal and seconded by Commissioner Harvey to call a Special Meeting to discuss Mariner's Hospital issues at Key Colony Beach, 2:00 P.M. on December 18, 1992. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to approve the Transferable Development Rights (TDRs) and Variable Density document which is attached hereto and made a part hereof. Roll call vote was taken with the following results: Commissioner Commissioner Commissioner Commissioner Mayor London Motion carried. Cheal Yes Freeman Yes Harvey No Reich Yes Yes Motion was made by Commissioner Cheal and seconded by Commissioner Reich that wherever the Plan shows a date for completion, it be referred to instead as a time period from the effective date of the Plan. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Mayor London to call a Special Meeting to consider Mariner's Hospital issues at Plantation Government Center temporary courtroom, 2:00 P.M. on December 18, 1992. Motion carried 92/479 unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Freeman to conceptually approve language proposed by the Upper Keys Citizens Association relative to "Policy Document" 203.3.4, Page 84, attached hereto and made a part hereof. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to approve the following changes to the Point Allocation System - Point Values: B. FUTURE CHANGES TO POINT ASSIGNMENTS Policy 101.5.7 As part of the first annual review of the Residential and Non-residential Point Systems, additional criteria may be included such as: North Key Larqo Negative points shall be assigned for development Proposed within that portion of Key Largo located between the junction of State Road 905 and U.S. 1 and the Dade County boundary at Angelfish Creek Traffic Capacity Positive points shall be assigned for development served by US 1 segments which have surplus capacity. Negative points shall be assigned for development served by US 1 segments which have marginal capacity. Offshore Islands Negative points shall be assigned to developments on offshore islands. Conservation Lands Negative points shall be assigned to developments which may impact designated or proposed conservation lands Disturbed Saltmarsh and Buttonwood Wetlands disturbed saltmarsh and buttonwood wetlands. Historic Resources Negative points shall be assigned to developments which remove or destroy historic or archaeological resources Positive points shall be assigned to developments which restore or enhance historic or archaeological resources. 92/480 Potential Development Credits (PDCs) (PDCs), for transferring development rights away from a related policies. STAFF RECOMMENDATION: Replace the reference to the North Key Largo "ACCC" with the geographic description, and replace the TDR section with the PDC section, as shown above. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to approve the following amendments to the Environmental Design Criteria, Policy 204.2.1: Policy 204.2.1 Section 9.5-336 through 9.5-342 of the Land Development Regulations (hereby incorporated by reference) to Protect submerged lands and wetlands Accordingly, the Open Space Requirement shall be one -hundred (100) percent for the following types of wetlands: (a) submerged lands; (b) mangroves; (c) salt ponds; (d) freshwater wetlands, with a 20 foot buffer around them; (e) freshwater ponds ;--and ��--�attxrbet�-�2rlt �rrair-�rne�-b�tteee�--�et3-ads . Upon adoption of the Comprehensive Plan the County shall further protect its wetlands by requiring a one hundred (100) percent open space requirement for undisturbed salt marsh and buttonwood wetlands. Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and undisturbed saltmarsh 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-5.012(3)(c)l and 2; 9J5.013(2)(c)6] - RECOMMENDED CHANGE: Change "disturbed" to "undisturbed" in the last paragraph as shown to correct the typo and to be consistent with the rest of the 92/481 policy. Motion carried unanimously. Motion was made by Commissioner Cheal and seconded by Commissioner Reich to approve the following amendment of Areas of Critical County Concern in the 1986 Comprehensive Plan and Land Development as follows: B. BIG PINE KEY Objective 103.1 Monroe County shall regulate future development and coordinate the provision of public facilities in the on Big Pine Key ACCC consistent with the Goals, Objectives, and Policies of this Comprehensive Plan in order to: (a) protect the Key deer (Odocoileus virginianus clavium) (b) preserve and enhance the habitat of the Key deer; and (c) limit the number of additional vehicular trips from other islands to that area of Big Pine Key formerly described as an Area of Critical County Concern in the 1986 Comprehensive Plan and Land Development Regulations. (ed) maintain the rural, suburban, and open space character of Big Pine Key. (9J-5.006(3)(b) 1 and 4) Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey No Commissioner Reich Yes Mayor London Yes Motion carried. Motion was made by Commissioner Reich and seconded by Commissioner Harvey to delete Policy 103.1(c). Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Freeman No Commissioner Harvey Yes Commissioner Reich Yes 92/482 Mayor London Yes Motion carried. Motion was made by Mayor London and seconded by Commissioner Cheal to approve the following Staff recommendation of Critical County Concern: C. Ohio Key Objective 103.4 Monroe County shall coordinate future development 4aal.. e on Ohio Key -4C-e to protect the habitat value and environmental sensitivity of the wetland system on the Key that serves as habitat for a variety of wading bird, including the piping plover (Charadrius melodius), a species listed as threatened under the Endangered Species Act. RECOMMENDED CHANGE: Remove the reference to the "ACCC" designation as shown. Roll call vote was unanimous. Motion was made by Mayor London and seconded by Commissioner Cheal to approve the following Staff recommendations of Areas of Critical County Concern: A. NORTH KEY LARGO Objective 103.2 Monroe County, in coordination with the FWS, shall regulate future development and coordinate the provision of public facilities in the North Key Largo ACCC 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 (Neofoma floridana smalli), the Key Largo cotton mouse (Peromyscus gossypinus allapaticola), and the Schaus' swallowtail butterfly (Heralides aristodemus ponceanus). [9J-5.006(3)(b)l and 4] North Key and U.S. Highway 1 and the Dade County boundary at Angelfish Creek. [9J-5.006(3)(b)l and 4] Policy 103.2.8 By September 30, 1995, Monroe County shall complete 92/483 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 -whie4i -are- G Red--by—the the which are within or affected by land uses in North Key Largo AC,G'rG, including: (a) Crocodile Lake National Wildlife Refuge; (b) John Pennekamp Coral Reef State Park; (c) North Key Largo Hammock State Botanical Site and CARL Project; and (d) Biscayne Bay - Card Sound State Aquatic Preserve. (See Objective 102.9 and related policies.) [9J-5.006(3)(b)4) Policy 103.2.9 Monroe County shall support, wherever possible, efforts of federal agencies, state agencies, and private non-profit conservation organizations, to acquire land for conservation purposes within the North Key Largo Ate. [9J-5.012(3)(c)l; 9J- 5.013(2)(c)5 and 6) 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 the North Key Largo A@G to assess the need for any federal or state permits. CONSERVATION LAND PLANNING Policy 103.1.7 Dpte}}ae 34T-��, Upon adoption of the Comprehensive Plan, Monroe County shall encourage the-�erl�tion--ae imp-ler�aier--o-€ initiate a cooperative land management planning program for private and county -owned lands located within and adjacent to state and federal government -owned parks and conservation lands which are awned- by tie--�ta��,ae��ed�r-al-�e��tg�ie�r are a€ec3te�y--he on or affected by land uses on Big Pine Key AGGG, including: (a) National Key Deer Refuge; (b) Save Our Rivers/Big Pine Key Wetlands Slough Project; (c) Coupon Bight/Key Deer CARL Project; and (d) Coupon Bight State Aquatic Preserve. 92/484 Monroe County shall complete these planning efforts and implement the land management plans by September 30, 1995. (See Objective 102.9 and related policies.) [9J-5.006(3)(c)6] Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey No Commissioner Reich Yes Mayor London Yes Motion carried. Motion was made by Commissioner Cheal and seconded by Mayor London to approve a Special Meeting to consider Mariner's Hospital issues for 2:00 P.M. on December 18, 1992 at the Key Largo Library. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Mayor London to approve ORC response to comments concerning Policy 301.8.1 attached hereto and made a part hereof. Motion carried unanimously. Motion was made by Commissioner Reich and seconded by Commissioner Freeman to approve ORC response to comments concerning Policy 1401.3.1 attached hereto and made a part hereof. Roll call vote was taken with the following results: Commissioner Cheal No Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich Yes Mayor London Yes Motion carried. Motion was made by Commissioner Cheal and seconded by Mayor London to approve ORC Response Document Changes attached hereto and made a part hereof. Roll call vote was taken with the following results: Commissioner Cheal Yes Commissioner Freeman Yes Commissioner Harvey No Commissioner Reich Yes Mayor London Yes Motion carried. adjourned. 92/485 There being no further business, the meeting was Clerk to the Board of County Commissioners of Monroe County J..� C.'�Q' d."� Deputy Clerk L _ri-- �?iaG—ir-'� l.H h'G is Tli 1.�t -�- _anGtl� flyer �cvei (9itrzexts suci rft rt, c�Wnr- p.O. Box 1044 . Tavernier, Florida 33070 TO: MONROE COUNTY COMMISSIONERS LAND USE PLAN WORKSHOP DECEMBER 10, 1992 AT 9:00 AM. FROM: Dagny Johnson, President RE: "Policy Document" Planning Commission Recorded Revisions November 1992. Policy 203.3.4.: Pg. 84 Continuation of County Commission Public Workshop - Key Largo Library, Dec. 2, 1992. Last item on the Agenda. Recommendation to continue present protection of the Coral Reef. we are sending you, herewith the language presently in Vol. II Monroe County Plan which we recommend not be lost. We request that the following language be included in Policy 203.3.4: 1) "Limit location of water dependent activities at locations that will not have a significant adverse impact on the off-shc resources of hard coral bottoms." (Vol II pg.6). 2) " Control and regulate land and water activities in the vicinity of coral as identified in Florida Keys Coa.;La1 Management Study in an effort to arrest further deterioration. " (Vol. 11 pg 188) . 3) " Management policies for John Pennekamp State Park, Looe t,ey National Marine Sanctuary will include: a) Management and recreational activities in the designated areas must be consistant with preservation of these underwater preserves. (Vol.I1 pg. 79). b) Development activity on Key Largo and Islands facing Looe Key National Marini: Sanctuary include dredging, filling, urban water run-off, and waste water treatment faciii ties will be controlled and regulated in order to minimize .stresses=which result in water quality deteration. cy County will exE ;;re funding sources for the acquisition olfffland in the immediate vicinity of the.. John penhekyamp Stz Palk and Looe Key Natioal Marine Sanctuo ary.;sas to creme' a bu:ffex: zone between urbanized and preservation: a -teas. Monro:County:'wi13 cooperate with State and Federal activi-ties in a'cqu-sitions: Lipper tirr 5. Objection (p. 40) * Policy 301.8.1 defers to the LDRs * Guidelines for shared driveway access, curb cuts, etc. are missing. * No proper access standards to minimize the use of new curb cuts. - Response Policy 301.8.1 has been revised to address this concern. Policy 301.8.1 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 FDOT public hearings. The land development regulations prepared pursuant 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. [9J-5.007(3)(c)21 Until such time as the FDOT establishes permanent access standards pursuant to Rule 14-97, Monroe County shall continue to require the same roadway access standards that are currently contained in Section 9 5-421 through 9 5-425 of the Land Development Regulations, which are hereby incorporated by reference. 3. Objection (p. 69) * Policy 1401.3.1 defers effectiveness to the LDRs. * Policy 1401.3.1 fails to establish development's pro rata share of costs. Response Rule 9J-5.016(3)(c)(8) requires the plan to "address programs and activities for assessing new development a pro rata share of the costs necessary to finance public facility improvements necessitated by development in order to adequately maintain adopted level of service standards." Policy 1401.3.1 meets this requirement by committing the County to adopt an updated impact fee ordinance (which was, consistent with Policy 1401.3.1, adopted on October 16, 1992). Identifying the pro rata share of costs for each type of development and each type of facility is both beyond the requirements of 9J-5 and inappropriate for a comprehensive plan. ORC RESPONSE DOCUMENT CHANGES FUTURE LAND USE ELEMENT 4. Objection (p. 8) * The plan lacks data on transferable development rights (TDRs) that have been transferred. * No confirmation of the filing of deed restrictions. • No data on TDRs already purchased by the County. * No structured tracking program for monitoring TDR activity. * No recommended sender and receiver sites. * No discussion of transferring rights to and from commercial zones. * The plan fails to define the role of the Land Authority in TDR transactions. Response * Section 2.4.1.E of the Technical Document, subsection "Relief through Transferable Development Rights" has been revised to address each of these concerns. * Policy 101.13.2 has been revised to address the issue of a TDR tracking program. * The Land Authority currently plays no role in TDR transactions. The possibility of future Land Authority involvement in the TDR program will be the subject of a study to be completed by September 30, 1993, as specified in Policy 1301.5.3. The Land Authority has budgeted for the study in FY 1993. * The scope of the TDR study is specified in Policy 101.13.2, which has been revised to include tracking, and to change the projected date of completion consistent with Policy 1301.5.3. PORTS, AVIATION AND RELATED FACILITIES ELEMENT Comment (p. 41) * No diagram identifying points of ingress and egress for ground transportation for ports and airports. Response * The access point for the Key West airport is indicated on both the Existing and Future Transportation Map Series, Map 8, and ground and water transportation are described in the Technical Document in Section 6.1.1.G on page 6-7. Ground and water access to the Marathon Airport is described in Section 6.1.2.G cn page 6-9. Ground and water access to the Stock Island Safe Harbor & Peninsula port area are described in Section 6.2.1.E on page 6-15. In addition, water access routes are depicted in Figures 6.4 and 6.5. CAPITAL IMPROVEMENTS ELEMENT Goals, Objectives and Policies 3. Objection (p. 69) * Policy 1401.3.1 defers effectiveness to the LDRs. * Policy 1401.3.1 fails to establish development's pro rata share of costs. Response * No change to Policy 1401.3.1 is necessary. The policy as written meets the intent of 9J-5.016(3)(c)8. Furthermore, as specified in the policy, Monroe County adopted an ordinance on October 16, 1992 which extensively revises the impact fee regulations. The Ordinance, to be incorporated into the Land Development Regulations, specifies procedures for the imposition, calculation and collection of impact fees; minimum fee requirements; the effect of impact fee payment on a determination of concurrency; and requires an annual report on impact fee management, among other provisions. In conjunction with this Ordinance, the impact fee schedule was revised according to the most recent data available on public facilities costs. These improvements should clarify the County's purpose and procedures in managing its impact fee system. 8 FUTURE LAND USE ELEMENT 16. Objection (p. 79) * Allowing fill in disturbed wetlands fails to ensure protection of wet -lands and water quality. Response * Policies 102.2.1 and 204.2.4 have been revised to clarify the County's intent regarding the protection of wetlands and water quality. Policy 204.2.2 already prohibits fill in submerged lands, mangroves, salt ponds, and freshwater wetlands. Policy 204.2.4 allows only "limited fill in disturbed saltmarsh and buttonwood wetlands. * Many other policies in the Plan provide for the protection of wetlands and water quality. See revised Objective 102.1, 102.2 and 204.2, and revised Policies 102.1.1, 204.2.1, 204.2.6 and 204.2.10. * Also note the comprehensive mapping and assessment of wetlands that has already begun as part of the ADID program specified in Objective 204.1 and related policies. This will help to identify wetlands, and to refine the distinction between various types of wetlands, including the difference between disturbed and undisturbed wetlands. * Finally, note that development proposed in saltmarsh and buttonwood wetlands receive negative points in the Permit Allocation System outlined in Policy 101.5.4, which further discourages development in wetlands. 5. Objection (p. 91) * Policy 901.5.7 fails to address the use of on -site disposal systems in disturbed wetlands. Response * Policy 901.5.7 states that LDRs will be adopted which "...prohibit the use of OSDS in any buttonwood, salt marsh or wetland area..." Therefore, OSDS will not be permitted in either disturbed or undisturbed wetlands. 2. Objection (p. 94) * There is no funding commitment for Master Plan completion. * It is unclear whether the Sanitary Wastewater and Stormwater Master Plans will be combined. Response * Policies 901.4.1, 1001.3.1, 1401.4.9, and 1401.4.10 have been revised to address the funding issue. * The purpose, scope and phasing of the Sanitary Wastewater/Stormwater Management Master Plan are described in Sections 10.5 and 11.7 of the Technical Document. These sections describe "Sanitary Wastewater Element" and a "Stormwater Management Element" of one Master Plan. For the purposes of funding and phasing, the two issues will be addressed in the same Master Plan. Each element, however, will have separate objectives and analytical components. Policies which specify either the "Sanitary Wastewater Master Plan" or the "Stormwater Management Master Plan" are referring to the separate elements of the same Master Plan. TRANSFERABLE DEVELOPMENT RIGHTS (TDRS) AND VARIABLE DENSITY A. TDR TRACKING Policy 101.13.2 By 9eteber-3-6-,--199September 30, 1993, 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: (a) 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; (b) establishment of criteria for designation of sender and receiver sites based upon factors such as the environmental characteristics of the land; (c) establishment of mechanisms to enhance the value and marketability of TDRS such as assigning density bonuses to receiver sites; and (d) clarification of the status of sites which have transferred development rights, including the possible requirement 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 (e) establishment of a management and accounting system to track TDRs. B. FUTURE USE OF TDRS RECOMMENDATION: Add a new policies 101.13.3, 101.13.5, 101.13.6, 101.13.7, 101.13.8, 101.13.9, and 101.13.10 as shown below: Policy 101.13.3 As part of the first annual review of the Point System, an applicant in the Residential Permit Allocation System shall be awarded either one unit for each one development right transferred from an eligible sender site to an eligible receiver site (TDRs), or positive points in the Point System (PDCs). If the applicant opts to receive PDCs, the applicant would receive positive points (PDCs) for transferring development rights away from a sender site to an eligible receiver site. By using this option, the applicant would forfeit the right to develop any additional units that would be granted for TDRs. Policy 101.13.5 As part of the first annual review of the Point system, positive points, or "Potential Development Credits" (PDCs) shall be awarded for applications proposing non-residential development which will transfer development rights away from eligible sender sites to eligible receiver sites. PDCs shall be awarded to commercial projects for TDRS transferred from either residential or commercial zones. Transfers within the same zoning category shall also be eligible for PDCs if the transfer is made from an area outside of the Commercial Center to a parcel within a designated Commercial Center. Policy 101.13.6 In conjunction with the first annual review of the Point System, parcels within the following habitats and land use districts shall be designated as sender sites for Transferable Development Rights (TDRs) and Potential Development Credits (PDCs): Any parcel within these zoning categories: Offshore Island Mainland Native Native Sparsely Settled Parks & Refuge Conservation Habitat of the following types which lie within ANY zoning category: Mangrove and freshwater wetlands Salt marsh and buttonwood wetlands High quality high hammock High quality low hammock High quality pinelands Beach berm Palm Hammock Cactus Hammock Policy 101.13.7 In conjunction with the first annual review of the Point System, the Permit Allocation System shall be revised so that parcels or portions of parcels in all Land Use Districts and habitat types which are not listed as sender sites in Policy 101.13.5 shall be designated as eligible TDR and PDC receiver sites. In land use districts which allow a density of only one dwelling unit per lot, parcels shall be eligible only as "Potential Development Credit (PDC)" receiver sites, and will not be eligible TDR received sites. Policy 101.13.8 In conjunction with the first annual review of the Point System, the following guidelines shall be used to establish positive point awards in the Residential PAS for each PDC: Zoning of: Sender Site most freshwater points wetland least points SS Receiver Site scarified, in UR MU IS SR moderate quality low hammock in SR Policy 101.13.9 In conjunction with the first annual review of the Point System, the following guidelines shall be used to establish positive point awards in the Non-residential PAS for each PDC: Zoning & Commercial Center Designation of: Sender Site Receiver Site most freshwater UC within a Commercial points wetland Center SC MU least SS SC or MU outside of a points Commercial Center Policy 101.13.10 Monroe County shall pursue the long term goals of eliminatin the TDR system and variable densities, and securing ade uat federal, state, local and private funding to enable governmen acquisition of all environmentally sensitive lands. C. HABITAT ANALYSES AND VARIABLE DENSITY Policy 101.13.4 Transferrable Development Rights may be used within the Residential Permit Allocation System to increase density, subject to the limitations contained in the land development regulations. 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. STAFF RECOMMENDATION FOR FURTHER REVISION: This policy conflicts with Policy 601.1.12, which states that the County shall encourage affordable housing through LDR revisions, which "may include density bonuses." Delete the last phrase of Policy 101.13.4, "which shall be allowed only with the use of TDRs," as shown above. AFFIDAVIT Agenda Pages 92/474 through 92/485 are designated for the BOCC meeting of December 1, 1992 as well as December 10, 1992. C. Isabel C. DeSantis, Deputy Clerk April 14, 1994