HomeMy WebLinkAboutA. Growth Management
BOARD OF COUNTY COMMISSIONERS 110:00 AM Public Hearing I
AGENDA ITEM SUMMARY
Meeting Date: June 29.2010 Division: Growth Management Division
Bulk Item: Yes - No -.-L Department: Planning & Environmental Resources Dept.
Staff Contact Person/Phone #: Christine Hurley, AICP. Growth Management Director. (305) 289-2500
AGENDA ITEM WORDING:
A public hearing to consider an ordinance of the Board of County Commissioners of Monroe County, Florida,
adopting a future land use map designation for MDJ Investments, LLC, from Residential Low (RL) To Mixed
Use/Commercial (MC) and a Key Largo Mixed Use Area #1 sub area policy for property legally described as
Lots 13, 14, 15, 16, 17 and 18, Thompsons Subdivision, Section "A", according to the Plat thereof, as
Recorded In Plat Book 1, Page 147, of the public records of Monroe County, Florida, having Real Estate
Number 00440100.000000 located at 99101 Overseas Highway, Key Largo, approximate Mile Marker 99.1.
ITEM BACKGROUND:
May 29, 2009 - MDJ Investments, LLC applied for a Mixed Use/Commercial (MC) future land use map
amendment.
January 27, 2010 - the Planning Commission approved Resolution P40-09 recommending approval to the
Board of County Commissioners (BOCC) to amend the Future Land Use Map from Residential Low (RL) to
Mixed Use/Commercial (MC) and Resolution P41-09 recommending approval to the BOCC to amend the Land
Use District from Suburban Residential (SR) to Suburban Commercial (SC).
February 22, 2010 - the BOCC transmitted to the Florida Department of Community Affairs (DCA) the
proposed ordinance amending the FLUM from RL to Me. On May 3, 2010, the DCA issued an Objections,
Recommendations and Comments Report (ORC) requesting a sub-area policy be developed to limit maximum
floor area ratio and exclude residential uses from permitted uses. DCA also requested no additional clearing.
Staff communicated with DCA and the applicant to develop the sub area policy received for adoption. All
DCA's objections have been-addressed except clearing. Clearing of this site is currently permitted based on
the Land Development Code and staff did not recommend eliminating that right for one 0.62 acre property.
Today this site can clear 20% and the sub area policy, as drafted for adoption, does not change that regulation.
This was discussed with the Department of Community Affairs and the applicant; all parties were in
agreement.
PREVIOUS RELEVANT BOCC ACTION:
February 22,2010 - Approved Resolution 2010-62 transmitting the proposed ordinance to DCA to amend the
FLUM from RL to MC
February 22, 2010 - Approved Ordinance 003-2010 amending the land use district (LUD) designation from
Suburban Residential (SR) to Suburban Commercial (SC).
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approve
TOTAL COST: INDIRECT COST: BUDGETED: Yes - No -
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes - No X AMOUNT PER MONTH - Year -
APPROVED BY: County Atly --X- OM B/Purchasing_ Risk Management _
DOCUMENTATION: Included ~ Not Required_
DISPOSITION: AGENDA ITEM #
BOCC Adoption Packet MDJ Investments. LLC. June 29. 2010 Future Land Use Map Amendment Page I 01"6
1
2
3 MEMORANDUM
4 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
5 We strive to be caring, professional and fair
6
7 To: Monroe County Board of County Commissioners
8
9 Through: Christine Hurley, AICP
10 Growth Management Director
11
12 From: Kathy Grasser, Comprehensive Planner
13
14 Date: June 16,2010
15
16 Subject: Request for an Amendment to the Future Land Use Map (FLUM) for MDJ
17 Investments, LLC, Key Largo, Mile Marker 99.1, Real Estate Number
18 00440100.000000
19
20 Meeting: June 29, 2010
21
22 I I .,.~ 1,- ,,, , ,~ u: ~. ~',:. . . '.
,REQUEST.... .:. ',. \ '. " . .
__. A,-" .. ..1,., ~ ...A , ., ..
23 An application was made by MDJ Investments, LLC to amend the Future Land Use Map
24 (FLUM) from Residential Low (RL) to Mixed Use / Commercial (MC) on real estate number
25 00440100.000000.
26
27
28
29
30
31
32
33
34
35
36
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38
39
40 Address: 99101 OVERSEAS Highway, Mile Marker 99.1, Key Largo, FL
41 Real Estate Number: 00440100.000000
42 Legal Description: Lots 13, 14, 15, 16, 17 And 18, Thompsons Subdivision, Section
43 "A", According To the Plat Thereof, As Recorded In Plat Book 1,
44 Page 147, Of The Public Records Of Monroe County, Florida
45 Applicant/Petitioner: Mr. Peter Bacheler, HershoffLupino & Yagel LLP
46 Property Owner: MDJ Investments, LLC
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2
3 Amendments may be proposed by the Board of County Commissioners (BOCC), the Planning
4 Commission, the Director of Planning, or the owner or other person having a contractual
5 interest in property to be affected by a proposed amendment. The Director of Planning shall
6 review and process map amendment applications as they are received and pass them on to the
7 Development Review Committee and the Planning Commission for recommendation and final
8 action by the BOCC.
9
10 The Planning Commission shall hold at least one public hearing on a proposed FLUM
11 amendment. The Planning Commission shall review the application, the reports and
12 recommendations of the Department of Planning & Environmental Resources and the
13 Development Review Committee, and the testimony given at the public hearing, and shall
14 submit its recommendations and findings to the BOCC.
15
16 The BOCC shall hold at least one public hearing on a proposed FLUM amendment. The
17 BOCC shall consider the report and recommendation of staff and the Planning Commission
18 and the testimony given at the public hearings and may either deny the FLUM application or
19 adopt a resolution transmitting the proposed FL UM amendment to the Florida Department of
20 Community Affairs. Ordinances are then reviewed by the Florida Department of Community
21 Affairs. There were objections, recommendations and comments for the proposed
22 amendment. Staff has addressed the objections, recommendations and comments (ORC)
23 in this staff report and the proposed attached ordinance. Along with review of the ORC the
24 BOCC shall hold at least one public hearing on the FLUM and consider it for adoption. The
25 BOCC shall consider the staff report, ORe response and FLUM amendment and testimony
26 given at the public hearing and may either deny or adopt the FLUM and corresponding text
27 amendment. If adopted, the FLUM and text amendment will be sent to DCA for review and
28 notice of intent issuance. If the DCA does not approve the change, the matter is sent to the
29 Division of Administrative Hearings.
30
31 ':" - _ ..~~~~'lI:l' - ...-....~'9.Il".- ~a' .:::"",,"~."'';;',",,'';'? . " ,,~ ~~;; <~~. (:.:~ ~.~ -,f.:.~~~~~~~' .... -.< t;t' . _<:.~' i' :'_~:' ~;. :~ .' ~\ "~;.~.. . ,:' ~:~~<';~, :'.~.~: ~- :"~ ~~'.~~~t' ~':'/i
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32 The attached map shows existing conditions, proposed conditions, existing land use, tier
33 designation, habitat type, and number of protected species.
34
35 Future Land Use Map (FLUM) Desie:nation
36
37 Residential Low (RL)
38
39 Total Size of Parcel Proposed to be Amended
40
41 0.62 Acres (27,110ft2)
42
43 Tier Desie:nation
44
45 Tier I
46
MOJ Investments LLC M29062 FLUM BOCC Adoption Hearing: June 29, 2010 P.2ofI2
1 Flood Zone
2
3 X
4
5 Existine: Use
6
7 The 2,968 ft2 office building is leased to an oral surgeon, a land title agency and general
8 contractors.
9
10 Existine: Vee:etation / Habitat
11
12 This property is partially cleared with a commercial building on the Northwest portion of
13 the lot, adjacent to US 1. The South property line is located within a narrow strip of
14 tropical hardwood hammock. The five foot wide section just inside the entire length of the
15 South property line is comprised of almost entirely native species; just inside of that section
16 is a parallel area approximately five ft wide that consists of native hammock species mixed
17 with juvenile non-native Lead Tree (Leucaena leucocephala). If the Lead Tree were
18 removed from that area, there would be enough native understory vegetation remaining for
19 it to be considered tropical hardwood hammock. The areas near the East property line and
20 Southeast of the building contain mostly native canopy trees, but little native understory
21 vegetation.
22
23 Additionally, there are two "clumps" of trees near the building; both consist of native
24 speCIes. The Ficus clump (roughly 20 ft southeast of the structure) is an enormous
25 Strangler Fig with several smaller native species including Pigeon Plum, Poisonwood,
26 Willow Bustic, and some stoppers growing at the base. There is another clump with a large
27 Gumbo Limbo and some smaller Mahogany trees about five feet from the south corner of
28 the southeast portion of the building
29
30 Community Character of Immediate Vicinity
31
32 The applicant's parcel is located at Mile Marker 99.1 on the ocean side. Parcels to the east
33 and southeast contain federal, county and privately owned lands. The Key Largo Volunteer
34 Fire Department is directly north of the subject parcel. The Key Largo Baptist Church is
35 south of the subject parcel. Parcels in the U. S. 1 medium contain commercial retail and
36 some privately owned lands. Northstar Resorts owns the land across from the subject
37 property on the gulf side.
38
MDJ Investments LLC M29062 FLUM BOCC Adoption Hearing: June 29, 2010 P. 3 of 12
1
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4 A. Consistency of the proposed amendment with the provisions and intent of the Monroe
5 County Year 2010 Comprehensive Plan:
6
7 The proposed FLUM amendment and corresponding sub area policy retains the community
8 character and quality of life in the area. The proposed amendment is located in a Tier I
9 area and is adjacent to the U. S. 1 corridor. The proposed amendment will retain the
10 surrounding natural resources with the exception of clearing allowances permitted by the
11 Land Development Code and will direct future growth to this area where appropriate on the
12 parcel. This is consistent with smart growth initiatives and the provisions and intent of the
13 Monroe County Year 2010 Comprehensive Plan.
14
15 1. Goal 101: Monroe County shall manage future growth to enhance the quality of
16 life, ensure the safety of County residents and visitors, and protect valuable
17 natural resources.
18
19 2. Obiective 101.4: Monroe County shall regulate future development and
20 redevelopment to maintain the character of the community and protect the
21 natural resources by providing for the compatible distribution of land uses
22 consistent with the designations shown on the Future Land Use Map.
23
24 3. Goal 105: Monroe County shall undertake a comprehensive land acquisition
25 program and smart growth initiatives in conjunction with its Livable
26 CommuniKeys Program in a manner that recognizes the finite capacity for new
27 development in the Florida Keys by providing economic and housing
28 opportunities for residents without compromising the biodiversity of the natural
29 environment and the continued ability of the natural and manmade systems to
30 sustain livable communities in the Florida Keys for future generations.
31
MOl Investments LLC M29062 FLUM BOCC Adoption Hearing: June 29, 2010 P. 4 of 12
1 4. Obiective 105.1: Monroe County shall implement smart growth initiatives in
2 conjunction with its Livable CommuniKeys and Land Acquisition Programs
3 which promote innovative and flexible development processes to preserve the
4 natural environment, maintain and enhance the community character and quality
5 of life, redevelop blighted commercial and residential areas, remove barriers to
6 design concepts, reduce sprawl, and direct future growth to appropriate infill
7 areas.
8
9 B. Consistency of the proposed amendment with the provisions and intent of Chapter 102 of
10 the Monroe County Code, Land Development Regulations:
11
12 In accordance with MCC Sec. 102-158(d)(5)b., the BOCC may consider the adoption ofan
13 ordinance enacting the proposed change based on one (1) or more of the following factors:
14 changed projections; changed assumptions; data errors; new issues; recognition of a need
15 for additional detail or comprehensiveness; and data updates. There was no applicant
16 response for changed projections, changed assumptions, new issues or data updates.
17
18 APPLICANT RESPONSE:
19
20 Data errors:
21 Data error when zoning maps created. Building on the property has been operating
22 since 1958. Property has been taxed as commercial property since 1958.
23
24 Recognition of a need for additional detail or comprehensiveness
25 Monroe County minutes from July 23, 1976 confirm a zoning change to BU-l.
26
27 STAFF RESPONSE:
28
29 Staff fmds the proposed land use district change, in accordance with MCC Sec. 102-
30 158(d)(5)b, consistent with subsections 'data errors' and 'recognition of a need for
31 additional detail or comprehensiveness '.
33 I I
35 History of the property : ;
37 I I
39 . The property originally consisted of lots 11-
41 20. lQO r;
43 1 I
45 . The existing 2,968 rr building was I::
47 constructed in 1957. ~ _ _ L ~ _ L _ ~ ....:. _ L _'_
49 50 I I 1
I "" I 4401001 4401op.OOO1
51 . On July 23, 1976 MC Zoning Board adopted 10 I 1 I
53 Resolution 20-1975 approvmg a zomng " :. : :
55 change to BU-l on the property with a
57 special use permit approving retail sales for
59 furniture and clothing only. Minutes from
61 the Monroe County Zoning Board, dated
MDJ Investments LLC M29062 FLUM BOCC Adoption Hearing: June 29, 2010 P. 5 of 12
1 July 23, 1976 indicate a change of zoning from RU-l to BU-l on lots 13, 14, 15, 16 and 17
2 only with special approval for furniture and clothing retail sales. The motion carried
3 unanimously by 3: 1 with one (1) absent voter. The BU-I zoning allowed professional
4 services such as business services, banks, clothing stores and other retail stores.
5 Apartments were permitted as a principal use. Residential use, industrial and manufacturing
6 uses were prohibited.
7
8 . Building Permit Number C1809 was issued on August 13, 1976 for land clearing on
9 Blocks 13, 14, 15 and 16 on U. S. 1 and Grouper Trail.
10
11 . Building Permit Number C2051 was issued on November 19, 1976 for electrical
12 service. The permit states 'install 3 sub feeds and 3-150 amp services - one (1) for
13 each store. '
14
15 . Building Permit Number C10736 was issued on January 19, 1982 for a commercial
16 SIgn.
17
18 . In 2004, offices were leased to Florida Title, All Keys Mortgage and Kennith
19 Grossman TCF. In 2006 the office building was leased to Keys Center for
20 Microscopic Endodontics, Florida Tile of the Keys and All Keys Mortgage.
21
22 . On May 9, 2007, Lots 11, 12, 19 and 20 were split off and sold to the State of
23 Florida.
24
25 . Today, the offices are leased to an oral surgeon, a land title agency and general
26 contractor.
27
28 Like the subject parcel, properties adjacent to and north of the subject parcel are in a
29 Tier I land use designation as well as located in the Mixed Use / Commercial (MC)
30 Future Land Use Map District. Staff finds the proposed land use district change, in
31 accordance with MCC Sec. 102-158(d)(5)b, consistent with subsections 'data errors'
32 and 'recognition of a need for additional detail or comprehensiveness '.
33
34 c. Goals, Strategies and Action Items from the Key Largo Livable CommuniKeys Plan that
35 directly pertain to the proposed development
36
37 STAFF RESPONSE:
38
39 One (1) of the ten (10) goals in the Key Largo Livable CommuniKeys Plan is consistent
40 with the proposed LUD amendment.
41
42 Goal] : Direct future growth to lands that are most suitable for development and
43 encourage preservation of environmentally sensitive lands.
44
45 The parcel is adjacent to U. S. 1. There are two (2) parcels adjacent to and north of the
46 subject property in Tier 1 and have a future land use map designation of Mixed Use /
MDJ Investments LLC M29062 FLUM HOCC Adoption Hearing: June 29, 20] 0 P.60f12
1 Commercial (MC). Currently, a 2,968ft2 building sits on the 27,110rr parcel. Most of the
2 lot is disturbed with a number of large canopy trees remaining.
3
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5 Staff originally recommended adoption of the requested future land use map amendment.
6 DCA issued an ORC report on May 3, 2010 and recommended the following:
7
8 "Monroe County should maintain the land use designation as Residential Low or
9 create a site-specific policy to limit commercial development to an amount that
10 ensures the protection of the hardwood hammock, prohibits the clearing of native
11 hardwood hammock on the site, and prohibits the development of residential
12 dwelling units and transient units. The site specific amount of commercial
13 development to be allowed must be based on professionally accepted and applied
14 data and analysis demonstrating environmental suitability with the hardwood
15 hammock on the site. "
16
17 As a response to the Florida Department of Community Affairs (DCA) Objections,
18 Recommendations and Comments (ORC) Report 10-1, the following sub area policy was
19 created:
20
21 3.2 Sub-Areas
22
23 GOAL 107
24 Monroe County shall regulate land use and development activities of scarified and/or filled
25 portions of parcels containing environmentally sensitive areas, by the enactment of area-
26 specific regulations that allow development to occur subject to limitations and conditions
27 designed to protect natural resources.
28
29 Objective 107.1
30 Monroe County shall coordinate Land Use with the Elements of the Comprehensive
31 Plan through Future Land Use Element Sub-Area Policies Applicable to a Specific
32 Geographic Area. These sub-area policies identify parcels of land that require
33 narrowly-tailored regulation in order to confme development potential to an area or
34 extent less than the maximum development potential allowed by the future land use
35 category. The development parameters established for each sub-area shall be based
36 either on an inventory of uses and facilities established on the parcel or by data and
37 analysis supporting the specific sub-area limitations.
38
39 * * * * *
40
41 Policy 107.1.3 Specific Limitations on Key Largo Mixed Use Area 1
42 The following land uses shall be allowed on the following parcel: parcel
43 00440100.000000 (0.62 acres; legally described as Lots 11, 12, 13, 14, 15, 16, 17
44 and 18, 19 and 20, Block 2, THOMPSONS SUBDIVISION, Section "A",
45 according to the plat thereof, as recorded in Plat Book 1, at Page 147, of the Public
46 Records of Monroe County, Florida; and the East 10 feet of that portion of
MOl Investments LLC M29062 FLUM BOCC Adoption Hearing: June 29, 2010 P. 7 of 12
1 Fisherman's Trail, adjacent and contiguous to the West boundary line of Lots 15
2 and 16, Block 2, lying between the North Line of Sailfish Trail and the
3 Southeasterly Right-of-Way line of Old State Road 4A, in Thompsons Subdivision,
4 Section "A", according to the plat thereof, as recorded in Plat Book 1, at Page 147,
5 of the Public Records of Monroe County, Florida. Subject to easements,
6 restrictions and reservations of record and taxes for the year 2005 and thereafter,
7 and on which a concentration of non-residential uses exists, including
8 approximately 2,968ft2 of commercial floor area. Development to the Key Largo
9 Mixed Use Area shall be subject to regulations applicable to the Mixed Use /
10 Commercial (MC) Future Land Use Map as well as the additional restrictions set
11 out below:
12
13 1. There shall be a maximum commercial floor area ratio of 0.30.
14 2. There shall be no residential units.
15
16 MCC ~102-158 maintains that amendments may not permit an adverse change in
17 community character. The character of the immediate vicinity of the subject parcel
18 includes open space, mixed use and residential. The proposed FLUM amendment
20 is not anticipated to result in an adverse community change.
22
24 Local Use Compatibility
26
28 The U.S. 1 corridor is in the Mixed Use / Commercial
30 (MC) FLUM designation.
32
34 The future land use map designation to the east and
36 south is Residential Low (RL). The parcels to the
38 south have an Institutional (INS) future land use map
40 designation. The parcels across from U. S. 1 and the
42 U. S. 1 median are located in the Mixed Use /
44 Commercial (MC) future land use map category.
45
46 Tier Designation
. Tier 1:
47 . Mixed Use I Commercial
48 The subject property is located in a - Suburban Commercial
. ReSidential Low
49 Tier 1 designation. The properties to - Suburban Residential
50 the west and northwest are located in
51 a Tier 3 designation. There is one . Tier 3:
. . Mixed Use I Commercial
52 small area southwest to the subject - Suburban Commercial
53 property that is located in a SPA . Institutional
54 designation. The properties to the . SPA:
55 th d rth 1 d. . Residential Medium
SOU east an no east are ocate III _ Improved Subdivision
56 a Tier 1 designation. The Key Largo '
57 volunteer fire station and Key Largo Resorts are located on these two parcels.
58
59 Open Space Ratio and Densities
MDJ Investments LLC M29062 FLUM BOCC Adoption Hearing: June 29, 2010 P. 8 of 12
1
Kev Lare:o Mixed Use Area 1 Site Specific Policv
Land Use DensitvlIntensitv Size of Site (unland) Max Allowed
Permenant and Transient Residential Dwelling
Units o units ner acre 0.62 acres o units
Commercial Floor Area (sa. ft.) 0.30 FAR 27 007 sa.ft. g 102 sn. ft.
TOTAL DENSITY Residential: o units
TOTAL INTENSITY Floor Area: g 102 so. ft.
2 Affordable / Emplovee Housing dwelling units o units ner acre 0.62 acres o units
3
4
5 The existing building size is 2,968ft2. There shall be a maximum commercial floor
6 area ratio of 0.30 for a total floor area ratio of 8, 1 02ft2. No residential or transient
7 units are permitted on this site. No open space ratios are modified by this site
8 specific policy.
9
11 Local Traffic. Parking and Circulation
13
15 The subject parcel is located on U. S. 1 on the
17 ocean side. There is adequate parking for the
19 three offices. Some of the undercut was removed
21 leaving room for parking overflow. Driving north
23 on U. S. 1, access to the parcel is from the south
25 only. However, there are cut-throughs from U. S.
27 1 driving south between stores and across the
29 median.
31
33
34 Effects on Public Facilities
35
36 Objective 101.11 of the Monroe County Year 2010 Comprehensive Plan requires
37 the County to direct future growth away from environmentally sensitive land and
38 towards established development areas served by existing public facilities. The
39 proposed FLUM amendment will not affect Objective 101.11 and will encourage
40 development to remain on disturbed lands rather than encroaching on
41 environmentally sensitive areas. The proposed FLUM amendment may affect
42 public facilities, but not significantly.
43
44 Potable Water
45
46 In March 2008, South Florida Water Management District (SFWMD) approved the
47 FKAA's modification of WUP 13-00005-5-W for a 20-year allocation from the
48 Biscayne and Floridian Aquifers. The WUP provides an annual allocation of 8,751
49 Million Gallons (MG) or 23.98 MGD and a maximum monthly allocation of 809
50 MG with a limited annual withdrawal from the Biscayne Aquifer of 6,492 MG or
MDJ Investments LLC M29062 FLUM BOCC Adoption Hearing: June 29, 2010 P.90f12
1 17.79 MGD and an average dry season (December 1st_April 30th) of 17.0 MGD.
2 The overall level of service for potable water is 132 gallons per capita/per/day.
3
4 Stormwater
5
6 MCC Section 114-3, titled 'Surface Water Management Criteria', establishes
7 guidelines and criteria for the safe management and disposal of stormwater runoff
8 from developed areas that will minimize or eliminate any resultant adverse impacts
9 on the surface water, groundwater, and other natural resources of the county. Any
10 change in the use of the property must comply with State and Federal regulations as
11 well as the Monroe County Code, the Monroe County Comprehensive Plan and the
12 Livable CommuniKeys Plans.
13
14 Wastewater
15
16 Currently, any permitted or replacement on-site or wastewater treatment facility
17 with a design flow of less than or equal to 100,000 gpd within the County must
18 comply with the 10/10/10/1 Best Available Technology (BAT) standard, as well as
19 require approval from the Monroe County Health Department and / or the
20 Department of Environmental Protection. Any proposed development associated
21 with the proposed amendment will be subject to this provision or will be mandated
22 to hook up to the central sewer system when it is available. The level of service
23 (LOS) for residential and nonresidential flow is 145 gallons per day per equivalent
24 dwelling units (Exhibit 3-8 Sanitary Wastewater Master Plan 2000)
25
26 The proposed FLUM is not anticipated to adversely impact the wastewater supply
27 LOS.
28
29 Education
30
31 All public schools are under the purview of Monroe County Board of Education
32 including all capital expenditures relating to facilities improvements or additional
33 development of education facilities. Per the 2008 Monroe County Public Facilities
34 Capacity Assessment Report, the Monroe County requirements are that classroom
35 capacity be "adequate" to accommodate the school-age children generated by
36 proposed land development. The School Board uses recommended capacities
37 provided by the Florida Department of Education to determine each school's
38 capacity. All schools have adequate reserve capacity to accommodate the impacts
39 of the additional land development activities projected for the next school year.
40
41 Parks and Recreation / Open Space
42
43 The County has adopted an overall level of service, pursuant to Comprehensive
44 Plan Policy 1201.1.1, for resourced-based and activity-based recreation and open
45 space of 0.82 acres of per 1,000 persons (functional population). Using the
46 functional population projection for 2007 of 70,432 persons in unincorporated
MDJ Investments LLC M29062 FLUM BOCC Adoption Hearing: June 29, 2010 P.lOofl2
1 Monroe County, and the LOS standard of 0.82 acres per 1,000 persons, the demand
2 for resource-based recreation areas is approximately 57.75 acres. The county
3 currently has enough resource- and activity- based lands with reserve capacity of
4 40.21 acres and 49.93 acres, respectively, to meet the level of service.
5
6 Effects on Redevelooment/Infill Potential
7
8 Sheet 267 of the 1985 Habitat Maps shows the subject parcel as disturbed (740).
9 The habitat Aerial photograph shows at least five (5) canopy trees remaining after
10 the permitted clearing in 1976. No hammock was located on the property at that
11 time. Currently, canopy trees are still present and undisturbed hammock is found
12 along Grouper Trail. If an application for a development permit was pursued on
13 this parcel, a site visit to the property would be mandatory for additional analysis.
14 Federal, State and County regulations shall be followed, particularly MC Code
15 Section 1 18-9( a-c) on open space requirements.
16
17 MC Code Section 118-9(c) states: "Site baseline conditions. The legal conditions of
18 land existing as of February 28, 1986, and as depicted on the December
19 1985 Habitat Classification Aerial Photographs, shall be used as a baseline to
20 determine the clearing that may be permitted on a site. The 1985 maps shall be
21 supplemented by recent aerial photography and existing site analysis to determine
22 any increases in the amount of upland native vegetated areas. Upland native
23 vegetated areas cleared between 1986 and the time of permit application shall be
24 considered to still include upland native vegetation for purposes of determining the
25 amount of open space and clearing permitted."
26
27 D. Consistency with the Principles for Guiding Development in the Florida Keys Area of
28 Critical State Concern pursuant to FS. Chapter 380.0552(7)
29
30 For the purposes of reviewing consistency of the adopted plan or any amendments to that
31 plan with the principles for guiding development and any amendments to the principles, the
32 principles shall be construed as a whole and no specific provision shall be construed or
33 applied in isolation from the other provisions.
34 (a). To strengthen local government capabilities for managing land use and
35 development so that local government is able to achieve these objectives
36 without the continuation of the area of critical state concern designation.
37 (b). To protect shoreline and marine resources, including mangroves, coral reef
38 formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
39 (c). To protect upland resources, tropical biological communities, freshwater
40 wetlands, native tropical vegetation (for example, hardwood hammocks and
41 pine lands ), dune ridges and beaches, wildlife, and their habitat.
42 (d). To ensure the maximum well-being of the Florida Keys and its citizens
43 through sound economic development.
44 (e). To limit the adverse impacts of development on the quality of water
45 throughout the Florida Keys.
MOJ Investments LLC M29062 FLUM BOCC Adoption Hearing: June 29, 2010 P.lIofI2
1 (t). To enhance natural scenic resources, promote the aesthetic benefits of the
2 natural environment, and ensure that development is compatible with the
3 unique historic character of the Florida Keys.
4 (g). To protect the historical heritage of the Florida Keys.
5 (h). To protect the value, efficiency, cost-effectiveness, and amortized life of
6 existing and proposed major public investments, including:
7 1. The Florida Keys Aqueduct and water supply facilities;
8 2. Sewage collection and disposal facilities;
9 3. Solid waste collection and disposal facilities;
10 4. Key West Naval Air Station and other military facilities;
11 5. Transportation facilities;
12 6. Federal parks, wildlife refuges, and marine sanctuaries;
13 7. State parks, recreation facilities, aquatic preserves, and other
14 publicly owned properties;
15 8. City electric service and the Florida Keys Electric Co-op; and
16 9. Other utilities, as appropriate.
17 (i). To limit the adverse impacts of public investments on the environmental
18 resources of the Florida Keys.
19 (j). To make available adequate affordable housing for all sectors of the
20 population of the Florida Keys.
21 (k). To provide adequate alternatives for the protection of public safety and
22 welfare in the event of a natural or manmade disaster and for a post disaster
23 reconstruction plan.
24 (1). To protect the public health, safety, and welfare of the citizens of the Florida
25 Keys and maintain the Florida Keys as a unique Florida resource.
26
27 RECOMMENDATION
28
29 Staff recommends APPROVAL of the future land use map amendment and the sub area
30 policy.
31
MOl Investments LLC M29062 FLUM BOCC Adoption Hearing: June 29, 2010 P. 12 of 12
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ORDINANCE -2010
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE MAP
DESIGNATION FROM RESIDENTIAL LOW (RL) TO MIXED USE /
COMMERCIAL (MC) FOR PROPERTY LEGALLY DESCRIBED AS LOTS 13,
14, 15, 16, 17 AND 18, THOMPSONS SUBDIVISION, SECTION "A",
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK I,
PAGE 147, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBER 00440100.000000 LOCATED AT 99101
OVERSEAS HIGHWAY, KEY LARGO, APPROXIMATE MILE MARKER 99.1
WHEREAS, the subject property is located at Mile Marker 99.1, Key Largo, Florida and is
legally described as Thompson's Subdivision, Key Largo, PBI-147 Lots 13-18, Monroe County,
Florida having real estate number 00440100.000000; and
WHEREAS, during a regularly scheduled meeting held on October 6, 2009, the
Development Review Committee of Monroe County conducted a review and consideration of a
request by MDJ Investments, LLC for a future land use map amendment in accordance with the
provisions and intent of Monroe County Comprehensive Plan Policy 101.4.5; and
WHEREAS, during a regularly scheduled public meeting concerning the subject property
held on January 27, 2010, the Planning Commission conducted a public hearing and approved
Resolution P40-09 recommending approval to the BOCC to amend the Future Land Use Map from
Residential Low (RL) to Mixed Use / Commercial (MC) in accordance with the provisions and intent
of Monroe County Comprehensive Plan Policy 101.4.5; and
WHEREAS, during a special public meeting held on February 22,2010, the Monroe County
Board of County Commissioners conducted a public hearing approving the transmittal of a resolution
to the DCA at the request of MDJ Investments, LLC, proposing an ordinance to amend the subject
property's Future Land Use Map designation from Residential Low (RL) to Mixed Use / Commercial
(MC); and
WHEREAS, the Florida Department of Community Affairs (DCA) submitted its Objections,
Recommendations and Comments (ORC) report for the proposed amendment (Exhibit A). The
DCA's recommendation included creating a site-specific policy to limit commercial development to
an amount that ensures the protection of the hardwood hammock, prohibits the clearing of native
hardwood hammock on the site, and prohibits the development of residential dwelling units and
transient units; and,
BOCC Adoption Packet MDJ Investments, LLC. June 29, 2010 Future Land Use Map Amendment Page 201"6
WHEREAS, as a response to the DCA's ORC Report 10-1, the following sub area policy was
created:
3.2 Sub-Area Policies
GOAL 107
Monroe County shall regulate land use and development activities of scarified and/or filled portions
of parcels containing environmentally sensitive areas, by the enactment of area-specific regulations
that allow development to occur subject to limitations and conditions designed to protect natural
resources.
Obiective 107.1
Monroe County shall coordinate Land Use with the Elements of the Comprehensive Plan
through Future Land Use Element Sub-Area Policies Applicable to a Specific Geographic Area.
These sub-area policies identify parcels of land that require narrowly-tailored regulation in
order to confine development potential to an area or extent less than the maximum development
potential allowed by the future land use category. The development parameters established for
each sub-area shall be based either on an inventory of uses and facilities established on the
parcel or by data and analysis supporting the specific sub-area limitations.
Policy 107.1.3 Specific Limitations on Kev Lar20 Mixed Use Area 1
The following land uses shall be allowed on the following parcel: parcel
00440100.000000 (0.62 acres; legally described as Lots 11, 12, 13, 14, 15, 16, 17 and
18, 19 and 20, Block 2, THOMPSONS SUBDIVISION, Section "A", according to the
plat thereof, as recorded in Plat Book I, at Page 147, of the Public Records of Monroe
County, Florida; and the East 10 feet of that portion of Fisherman's Trail, adjacent and
contiguous to the West boundary line of Lots 15 and 16, Block 2, lying between the
North Line of Sailfish Trail and the Southeasterly Right-of-Way line of Old State Road
4A, in Thompsons Subdivision, Section "A", according to the plat thereof, as recorded
in Plat Book 1, at Page 147, of the Public Records of Monroe County, Florida and on
which a concentration of non-residential uses exists, including approximately 2,968W
of commercial floor area. Development of the Key Largo Mixed Use Area shall be
subject to regulations applicable to the Mixed Use / Commercial (MC) Future Land
Use Map as well as the additional restrictions set out below:
1. There shall be a maximum commercial floor area ratio of 0.30.
2. There shall be no residential or transient units.
WHEREAS, based upon the information and documentation submitted, the Board of
County Commissioners makes the following Findings of Fact and Conclusion of Law:
1. The proposed FLUM amendment is consistent with the provisions and intent of the
Monroe County Year 2010 Comprehensive Plan Goal 101, Objective 101.4, Policy
101.4.5 and Goal 105.
2. The proposed FLUM amendments are consistent with Sec. 102-1 58(d)(5)b.5. and Sec.
102-158(d)(5)b.6. of the Monroe County Land Development Regulations, particularly
subsection 'data errors' and 'recognition of a need for additional detail or
comprehensiveness' .
BOCC Adoption Packet MDJ Investments, LLC. June 29, 2010 Future Land Use Map Amendment Page] of 6
3. On July 23, 1976, the MC Zoning Board adopted Resolution 20-1975 approving a
zoning change to BU-l on the property with a special use permit approving retail
sales for furniture and clothing only.
4. Building Permit Number Cl809 was issued on August 13, 1976 for land clearing on
Blocks 13, 14, 15 and 16 on U. S. 1 and Grouper Trail.
5. Properties adjacent to the subject property to the south and west are Tier I. Properties
to the north of the subject parcel are in a Tier 3 and a small portion to the north is Tier
1. The future land use designation to the north is Mixed Use / Commercial (MC).
6. The proposed FLUM amendment is consistent with the Goals, Strategies and Action
Items from the Key Largo Livable CommuniKeys Plan, particularly Goal I which
states: "Direct future growth to lands that are most suitable for development and
encourage preservation of environmentally sensitive lands."
7. The proposed FLUM amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern pursuant to F.S.
Chapter 380.0552(7).
8. The proposed FLUM amendment is consistent with the surrounding future land use
map designation of Mixed Use / Commercial (MC).
9. The proposed FLUM amendment may affect local traffic, parking and circulation, but
not significantly.
10. A site visit was conducted by the Monroe County Biologist on May 21, 20 I 0 who
reported the following:
"The South property line is located within a narrow strip of tropical hardwood
hammock. The five ft wide section just inside the entire length of the South
property line is comprised of almost entirely native species; just inside of that
section is a parallel area approximately five ft wide that consists of native
hammock speCIes mixed with juvenile non-native Lead Tree (Leucaena
leucocephala ). If the Lead Tree were removed from that area, there would be
enough native understory vegetation remaining for it to be considered tropical
hardwood hammock. The areas near the East property line and Southeast of the
building contain mostly native canopy trees, but little native understory vegetation.
The ground cover there is dominated by grasses and non-native vegetation with a
few scattered native seedlings."
II. The Monroe County Land Development Code Section 118-9 permits 20% clearing of
upland native vegetation on Tier I lands.
12. The Comprehensive Plan Policy 101.4.22 permits 20% clearing on Tier I lands.
NOW THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIRDA:
Section 1. The Board specifically adopts the findings of fact and conclusions of law stated
above.
BOCC Adoption Packet MDJ Investments, LLC. June29,2010 Future Land Use Map Amendment Page 4 of6
Section 2. The subject property with Real Estate number 00440100.000000 and legally
described above which is currently designated Residential Low (RL) on the
Monroe County Future Land Use Map shall be designated Mixed Use /
Commercial (MC) as demonstrated on "Exhibit B" subject to the text changes
in Section 3 below.
Section 3. The text of the Monroe County Year 2010 Comprehensive Plan shall be
amended as demonstrated on "Exhibit C" and as follows:
3.2 Sub-Area Policies
GOAL 107
Monroe County shall regulate land use and development activities of scarified and/or filled
portions of parcels containing environmentally sensitive areas. by the enactment of area-
specific regulations that allow development to occur subiect to limitations and conditions
designed to protect natural resources.
Obiective 107.1
Monroe County shall coordinate Land Use with the Elements of the Comprehensive
Plan through Future Land Use Element Sub-Area Policies Applicable to a Specific
Geographic Area. These sub-area policies identify parcels of land that require narrowly-
tailored regulation in order to confine development potential to an area or extent less
than the maximum development potential allowed by the future land use category. The
development parameters established for each sub-area shall be based either on an
inventory of uses and facilities established on the parcel or by data and analysis
supporting the specific sub-area limitations.
Policy 107.1.1 Reserved
Policy 107.1.2 Reserved
Policy 107.1.3 Specific Limitations on Key Lare:o Mixed Use Area 1
The Key Largo Mixed Use Area 1 has a concentration of non-residential uses
currently existing. including approximately 2.968fe of commercial floor area.
The current Real Estate Parcel number is 00440100.000000. contains 0.62
acres and is legally described as:
Lots 11, 12. 13. 14. 15. 16. 17 and 18. 19 and 20. Block 2. THOMPSONS
SUBDIVISION. Section "A", according to the plat thereof. as recorded in Plat
Book I, at Page 147. of the Public Records of Monroe County. Florida; and the
East 10 feet of that portion of Fisherman's Trail. adiacent and contiguous to the
West boundary line of Lots 15 and 16. Block 2. lying between the North Line
of Sailfish Trail and the Southeasterly Right-of-Way line of Old State Road 4A.
in Thompsons Subdivision. Section "A". according to the plat thereof. as
recorded in Plat Book I. at Page 147. of the Public Records of Monroe County.
Florida.
BOCC Adoption Packet M OJ Investments, LLC. June29,2010 Future Land Use Map Amendment Page 5 of6
Development in the Key Largo Mixed Use Area I shall be subiect to
regulations applicable to the Mixed Use / Commercial (MC) Future Land Use
Designation as well as the additional restrictions set out below:
I. The maximum commercial floor area ratio of 0.30.
2. There shall be no residential units.
Section 4. These provisions may be renumbered accordingly if necessary in the Monroe
County Year 2010 Comprehensive Plan.
Section 5. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected
by such invalidity.
Section 6. All ordinances or parts of ordinance in conflict with this ordinance are herby
repealed to the extent of said conflict. The repeal of an ordinance herein shall
not repeal the repealing clause of such ordinance or revive any ordinance which
has been repealed thereby.
Section 7. The Planning Director shall transmit this ordinance to the Florida Department
of Community Affairs pursuant to Section 163.3184(7) and Chapter 380,
Florida Statutes.
Section 8. This ordinance shall be filed in the Office of the Secretary of State of the State
of Florida, but shall not become effective until a notice is issued by the
Department of Community Affairs or Administration Commission approving
the ordinance and as provided by law.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting held on the 29th day of June A.D., 2010.
Mayor Sylvia J. Murphy -
Mayor Pro Tern Heather Carruthers -
Commissioner Kim Wiginf,rton -
Commissioner George Neugent -
Commissioner Mario Di Gennaro
-
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY
Mayor Sylvia J. Murphy
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
BOCC Adoption Packet MOJ Investments, LLC June 29, 20 I 0 Future Land Use Map Amendment Page (, of (,
EXHIBIT A
.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST THOMAS G. PELHAM
Govemor Secretary
MEMORANDUM
TO: Monroe County
Date: May 4,2010
Subject: Proposed Comprehensive Plan Amendment Review Objections,
Recommendations and Comments Reports
Enclosed are tbe Departments Objection, Recommendations and Comments
Reports on the proposed amendments to the comprehensive plan(s) from the following
local government(s):
Monroe County 10-1
These reports are provided for your information and agency files. Following tbe
adoption of tbe amendments by the local governments and subsequent compliance review
to be conducted by tbis agency, we will forward copies of the Notices of Intent published by
eacb local government plan.
If you bave any questions, please contact Mr. Ray Eubanks at Sun com 278-4925 or
(850) 488-4925.
REllp
Enclosure
2555 SHUMARD OAK BOULEVARD . TALLAHASSEE. FL 32399-2100
850-488-8466 (p) . 850-921-0781 (f) . Website: www.dca.state.fl us
. COMMUNITY PLANNING 850-48&-2356 (pI 850-488-3309 (I) .
. HOUSIHG AND COMMUNITY DEVELOPMENT 850-488-7956 (pI 850-922-5623 (I) .
.
. .
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST THOMAS G. PELHAM
Govemot Secretary
May 3, 2010
The Honorable Sylvia Murphy
Mayor, Monroe County
102050 Overseas Highway, Suite 234
Key Largo, Florida 33037
Dear Mayor Murphy:
The Department has completed its review of the Monroe County proposed
Comprehensive Plan Amendment (DCA No. 10-1), which was received on March 5, 2010.
Copies of the proposed amendment have been distributed to appropriate state, regional, and local
agencies for their review and their comments are enclosed.
The Department has reviewed the comprehensive plan amendment for consistency with
Rule 9J-5, Florida Administrative Code, Chapter 380, Florida Statutes, and Chapter 163, Part II,
Florida Statutes, and has prepared the attached Objections, Recommendations, and Comments
Report which outlines our findings concerning the comprehensive plan amendment.
The Department identified an objection to one of the proposed Future Land Use Map
amendments. The objection relates to comprehensive plan internal inconsistencies, 9J-5
inconsistencies, and inconsistencies related to the Florida Keys Principles for Guiding
Development including limiting impacts to, and the protection of, wildlife habitat and threatened
and endangered species.
2555 SHUMARD OAK BOULEVARD . TALLAHASSEE, FL 32399-2100
850-488-8466 (p) . 850-921-0781 (f) . Website: www.dca.slale fLus
. COMMUNITY PlANNING 850-<488--23!i6 (pI 850-~3309 (I) . FLORIDA COMMUNmES TRUST 850-922.2207 (pI 850-921.1747 (f) .
. HOU8IHO AND COMMUNITY DeVELOPMENT 850-486-7958 (pI 850--922-5623 (f) .
The Honorable Sylvia Murphy
May 3. 2010
Page 2
My staff and I are available to assist the County in addressing the issues identified in our
report. If you have any questions. please contact Rebecca Jetton. Areas of Critical State Concern
Administrator at (850) 922-1766.
11"X fn ~ a--Y
Mike McDaniel. Chief
Office of Comprehensive Planning
MMlsl
Enclosures: Objections. Recommendations and Comments Report
Review Agency Comments
Transmittal Requirements
cc: Mr. Townsley Schwab. Director of Planning and Environmental Resources
Ms. Carolyn A. Dekle Executive Director. South Florida Regional Planning Council
DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
FOR THE MONROE COUNTY
COMPREHENSIVE PLAN AMENDMENT 10-1
May 3,2010
Division of Community Planning
Areas of Critical State Concern
This report is prepared pursuant to Rule 9J-II.0IO, F.A.C.
INTRODUCTION
The following objections, recommendations and comments are based upon the Department's
review of Monroe County's proposed amendment to their comprehensive plan (DCA Number
10-1) pursuant to Section 163.3184, Florida Statutes (F.S.).
Objections relate to specitic requirements of relevant portions of Chapter 91-5, Florida
Administrative Code (F.A.C.), and Chapter 163, Part II, F.S. An objection will include a
recommendation of one approach that might be taken to address the cited objection. Other
approaches may be more suitable in specific situations. Some objections may have been raised
initially by one of the other external review agencies. If there is a difference between the
Department's objection and the external agency advisory objection or comment, the
Department's objection would take precedence.
Each objection must be addressed by the local government and corrected when the amendment
is resubmitted for our compliance review. Objections that are not addressed may result in a
detennination that the amendment is not in compliance. The Department may have raised an
objection regarding missing data and analysis items that the local government considers not
applicable to its amendment. If that is the case, a statement justifying its non-applicability
pursuant to Rule 91-5.002(2), F.A.C., must be submitted. The Department will make a
detennination of the non-applicability of the requirement, and if the justification is sufficient,
the objection will be considered addressed.
The comments, which follow the objections and recommendations section, are advisory in
nature. Comments will not fonn the basis of a detennination of non-compliance. They are
included to call attention to items raised by our reviewers. The comments can be substantive,
concerning planning principles, methodology or logic, as well as editorial in nature dealing
with grammar, organization, mapping and reader comprehension.
Appended to the back of the Department's report are the comment letters from the other state
review agencies and other agencies, organizations and individuals. These comments are
advisory to the Department and may not fonn the basis of Departmental objections unless they
appear under the "Objections" heading in this report.
2
OBJECTIONS, RECOMMENDATIONS, AND COMMENTS
PROPOSED COMPREHENSIVE PLAN AMENDMENT 10-1
MONROE COUNTY
CONSISTENCY WITH Ch. 9J-5. F.A.C.. Ch. 380.0552 (7). F.S.. and Ch.163. F.S.
The Department identifies the following objections, recommendations and comments to the
proposed amendment.
Future Land Use Map Amendment
Obieetion 1: Resolution 062-2010: The subject property is located in an environmentally
sensitive Tier I district characterized by hardwood hammock and is located in the Residential
Low (RL) future land use district which allows one residential unit per 2 acres. Currently,
residential development in a Tier I district is permitted to clear 20 percent of the remaining
hammock. This site is .62 acres and is not large enough to permit one unit; therefore, no clearing
is currently permitted on the site. This amendment would permit a higher density and thus allow
clearing of hammock vegetation. The County has not demonstrated that the proposed increase in
density and intensity allowed by the proposed Mixed Use/Commercial land use category is
internally consistent with the Comprehensive Plan's Tier I designation which was established to
protect the hammock and habitat for species listed by federal, state, or local governmental
agencies as endangered, threatened or species of special concern.
The proposed amendment is inconsistent with Rule 28-20.110, F.A.C., which directs the Florida
Keys local governments to implement the Florida Keys Carrying Capacity Study to ensure that
new development does not exceed the capacity of the county's environment to accommodate
additional impacts. This study demonstrates that listed species depend on native hardwood
hammock for survival. The proposed amendment has the potential to permit clearing of
hardwood hammock that is suitable habitat for the endangered species in an environmentally
sensitive Tier I district. The request for increased intensity and density within an area containing
habitat suitable for threatened and endangered species is also inconsistent with Rule 9J-
5.013(2)(b)4, F.A.C., which requires the appropriate use and protection of wildlife habitat and
Rule 9J-5.013(2)(c)5, F.A.C., to restrict activities which adversely affect the survival of
endangered and threatened wildlife. The proposed amendment is inconsistent with Rule 9J-
5.012(3)(c)1, F.A.C., that requires plans to limit the specific and cumulative impacts of
development or redevelopment on wildlife habitat. The request to increase residential and
commercial density and intensity is internally inconsistent with Future Land Use Element Goal
105 and Policies 105.1.5 and 105.1.6 which direct growth to Tier III districts. Amending the
Future Land Use Map for this parcel is inconsistent with Florida Keys Principles for Guiding
Development (c) which is in place to protect upland resources, tropical biological communities,
and native tropical vegetation.
3
[Sections 163.3177(1), (2), (4){a), (6){a), (d), (8), (10)(a) and (e); and Sections 163.3178 (2){b),
F.S; Rules 9J-5.005(2), (5)a and b; 9J-S.006(3)(b)4, (3)(c)2 and 6; 9J-5.012(2)(b), (3)(b)l,
(3)(c)1 and 2; 9J-5.013(1), (I){a)5, (2){b)3 and 4, (2)(c)3, 5, and 6; and 9J-5.015 (2)(d), F.A.C.]
Recommendation: Monroe County should maintain the land use designation as Residential
Low or create a site-specific policy to limit commercial development to an amount that
ensures the protection of the hardwood hammock, prohibits the clearing of native hardwood
hammock on the site, and prohibits the development of residential dwelling units and
transient units. The site specific amount of commercial development to be allowed must be
based on professionally accepted and applied data and analysis demonstrating environmental
suitability with the hardwood hammock on the site.
CONSISTENCY WITH THE PRINCIPLES FOR GUIDING DEVELOPMENT
The water supply plan and Resolution 003-2009 are not consistent with the following Principles
for Guiding Development, Section 380.0552(7), Florida Statutes:
Principle (a) To strengthen local government capabilities for managing land use and
development so that local government is able to achieve these objectives without the
continuation of the area of critical state concern designation.
Principle (b) To protect shoreline and marine resources, including mangroves, coral reef
formations, sea grass beds, wetlands, fish and wildlife, and their habitat.
Principle (c) To protect upland resources, tropical biological communities, freshwater
wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands), dune
ridges and beaches, wildlife, and their habitat.
Principle (h) To protect the value, efficiency, cost-effectiveness, and amortized life of
existing and proposed major public investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection and disposal facilities;
3. Solid waste collection and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly owned
properties;
. 8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate.
These Principles for Guiding Development inconsistencies can be resolved by addressing the
objection stated above.
4
CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN
The Resolution 062-2010 is not consistent with the State Comprehensive Plan, Chapter 187,
Florida Statutes, including the following goals and policies:
Goal (8) Coastal and Marine Resources, Policies (b) 4,5,6: Protect coastal resources, marine
resources, and dune systems from the adverse effects of development. Develop and
implement a comprehensive system of coordinated planning, management, and land
acquisition to ensure the integrity and continued attractive image of coastal areas. Encourage
land and water uses which are compatible with the protection of sensitive coastal resources.
Goal (9) Natural Systems and Recreational Lands, Policies (b) I, 3, 4, 10: Ensuring the
protection of natural resources. Prohibit the destruction of endangered species and protect
their habitats. Establish an integrated regulatory program to assure the survival of
endangered and threatened species within the state. Emphasize the acquisition and
maintenance of ecologically intact systems in all land and water planning, management, and
regulation.
Goal (15) Land Use, Policies (b) 1,2: Promote state programs, investments, and development
and redevelopment activities which encourage efficient development and occur in areas
which will have the capacity to service new population and commerce. Develop a system of
incentives and disincentives which encourages a separation of urban and rural land uses
while protecting water supplies, resource development, and fish and wildlife habitats.
Goal (25) Plan Implementation, Policies (b) 7: Ensure the development of strategic regional
policy plans and local plans that implement and accurately reflect state goals and policies and
that address problems, issues, and conditions that are of particular concern in a region.
These State Comprehensive Plan issues can be resolved by addressing the objection stated above.
5
South * II 3D
Flof 1a -, 11/&//0
Regional
Planning
Council
MEMORANDUM
AGENDA ITEM #6b
DATE: APRIL 5, 2010
TO: COUNCIL MEMBERS
FROM: STAFF
SUBJECf: MONROE COUNTY PROPOSED COMPREHENSIVE PLAN AMENDMENT
DCA #10-1
Community Profile
Monroe County, incorporated in 1824, is the southernmost county in the State of Florida. The County
consists of a mainland portion (782 square miles) bordered by Collier County to the north and Miami-
Dade County to the east, and an archipelago, known as the Florida Keys, extending from northeast to
southwest for 120 miles (102 square miles), and separating the Gulf of Mexico from the Atlantic Ocean.
The mainland portion is occupied by Everglades National Park and Big Cypress National Preserve and is
virtually uninhabited. Monroe County's permanent resident population has declined in recent years,
falling from 79,589 in 2000 to 76,801 in 2008, but rose in 2009 to 77,cn5. A similar pattern has been
observed in the resident population of the unincorporated portion of the county, which was estimated at
36,268 in 2009. The seasonal population in the Florida Keys is significant. The economy of Monroe
County is based on tourism, fishing, retirees, and the military.
The majority of Monroe County is environmentally sensitive, comprised of mangrove wetlands, tropical
hardwood hammocks, and rare and endangered species habitats, with world-renowned coral reefs
offshore. With one main highway serving the entire population, traffic is a concern, particularly during
hurricane evacuations. Lack of adequate infrastructure for stormwater and wastewater magnifies the
effects of potential population growth on nearshore coastal waters. The desirability of the County as a
place to live and the limited amount of allowable development have made land costs expensive, which
can impact affordable housing supplies. With infrastructure and the environment showing signs of stress
and thousands of undeveloped platted lots, the Florida Keys has been designated an Area of Critical State
Concern, under Chapter 380.05, Florida Statutes. A general location of the County is shown in
Attachment 1.
Amendment Review
The South Florida Regional Planning Council (SFRPC) review of proposed Comprehensive Plan
amendments for consistency with the Strategic Regional Policy Plan for South Florida (SRPP) primarily
addresses effects on regional resources or facilities identified in the SRPP and extra jurisdictional impacts
that would be inconsistent with the Comprehensive Plan of the affected local government (8163.3184(5),
Fla. Stat.). The Council's review of amendments is conducted in two stages: (1) proposed or transmittal
and (2) adoption. Council staff reviews the contents of the amendment package once the Department of
Community Affairs certifies its completeness.
3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021
Broward County (954) 985-4416; elsewhere in Florida (800) 985-4416
Fax (954) 985-4417, e-mail: sfadmintUlsfroc.com, website: www.sfroc.com
,....
.
Objections and Comments relate to specific inconsistencies with relevant portions of the SRPP, which was
adopted pursuant to Rule 29j-2.009, Fla. Administrative Code. Council staff will work with local
governments to address Objections and Comments identified during the review of a proposed
amendment between the transmittal and the adoption of the amendment.
The SFRPC did not prepare the amendment package and, therefore, is not precluded from commenting
on the proposed Plan or Element pursuant to Section 163.3184(5), Florida Statutes (F.S.), or Rule 9J-
11.0084, Florida Administrative Code (F.A.C.); or commenting on the proposed amendment pursuant to
Section 163.32465(4)(b), F.5.
The Florida Department of Community Affairs (DCA) notified SFRPC that the amendment package was
complete on: March 5, 2010.
The amendment review must be transmitted to DCA on: April 3, 2010.
The staff report was transmitted to DCA on: March 26, 2010; and the Board report will be transmitted on
AprilS, 2010.
Staff Analysis
Proposed amendment package #10-1 includes two amendments to the Future Land Use Map (PLUM).
M C wned PLUM Amendments that would Generally
onroe ounty 0
ti I d change 127 parcels throughout the N/A Consistent with 5-0
conserva on an s. .
Resolution #061-2010 Flo~lda ~eys from vanous. PLUM the SRPP
desl ations to Conservation .
~DJ Investments, PLUM Amendment (0.62-acre Generally
parcel)
LLC, Key Largo From: Residential Low 2 Consistent with 5-0
Resolution #062-2010 To: Mixed Use Commercial MC the SRPP
BOCC .. Monroe County Board of County Commissioners FLUM .. Future Land Use Map
Monroe County owned Conservation Lands Map Amendments (Resolution #061-2010)
This amendment proposes to change the Future Land Use Map (PLUM) for 127 County-owned vacant
parcels from various land uses [Mixed Use/Commercial (MC), Residential Conservation(RC), Residential
High (RH), Residential Low (RL), and Residential Medium (RM)] to Conservation (C). These parcels are
located in the Tier I overlay (environmentally sensitive lands) and total 28.87 acres in size. The 127
parcels of land are scattered throughout the following Keys: Big Pine, Cudjoe, Key Largo, Sugarloaf, and
Summerland.
This amendment would fulfill a Goal of a $3.5 million grant from the Florida Communities Trust received
by the County in 1994. The grant requires that all lands purchased be re-designated as Conservation (C)
and to be used as such or for resource-based recreation purposes only.
The Monroe County Board of County Commissioners voted 5-0 to approve the proposed map
amendments on February 22, 2010.
I
MDJ Investments LtC, Key Largo Map Amendment (Resolution #062-2010)
This amendment proposes to change the Future Land Use Map (FLUM) from Residential Low (RL) to
Mixed Use/Commercial (Me) for a 0.62-acre parcel located at 99101 Overseas Highway, Key Largo.
Attachment 2 presents an aerial photograph of the amendment site, which is located close to Mile Marker
99 on the ocean side, but adjacent to the Overseas Highway.
The existing use of the parcel is an office building, approximately 2,968 square feet in size. The
surrounding parcels to the east and southeast contain federal, county, and privately owned lands; a
Volunteer Fire Department to the north; the Key Largo Baptist Church to the south; and parcels in the
U.S. 1 median contain commerdal retail and some privately owned land. The Northstar Resort owns land
across from the subject property on the gulf side.
County staff states the proposed amendment would retain the community character and quality of life in
the area. In addition, the building on the site has been operating since 1958 and the map amendment is
intended to correct data errors and consistency issues with the rezoning of the parcel from Residential
(RU-1) to Business (BU-l) back in 1976.
The Monroe County Board of County Commissioners voted 5-0 to approve the proposed map
amendments on February 22, 2010.
Impact Analysis
Staff analysis confirms the Monroe County proposed amendment package ##10-1 would not result in
compatibility, extra-jurisdictional, or affordable housing issues; or impact significant regional resources
and facilities, natural resources, transportation systems, emergency preparedness plan and local
mitigation strategies.
Since a detailed impact analysis is not applicable to the review of the proposed amendment, the related
analysis sections found in the Deparbnent of Community Affairs (DCA) Amendment Review Form C-7
(Sections 9 through 18) have not been included in this staff report.
Recommendation of Consistency with Strategic Regional Policy Plan ISRPP)
Find the Monroe County Year 2010 Comprehensive Plan proposed amendment package #10-1 to be
generally consistent with the Strategic Regional Policy Plan lor South Florida. Approve this staff
report for transmittal to the Florida Department of Community Affairs.
2
I ~
I f
Attachment 1
Miami-Dade
,
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i
COMPREHENSIVE PLAN AMENDMENTS
Aerial Map
Monroe County Proposed Amendment #10-1
Resolution #062-2010
MDJ Investments, LLC (Mile Marker 99)
From: Residential Low (RL)
To: Mixed Use / Commercial (MC)
(0.62 acre)
roximale.
,
. "Scott. W Ray. To "Ray Eubanks. <ray.eubanks@dca.state.f1.us>
<scollr1l@do8cs.stale.ft.us> cc:
041011201002:47 PM bee
Subject FOACS LGCP Amendment Review
,~O .{ \2.\\0
Mr. Eubanks: FDACS has reviewed the following LGCP amendments and has no objections, recommendations, or
comments:
Polk County 10-1
Suwannee County 10PEFE-1
Nassau County 10-1
Monroe County 10-1
Please call if you have any questions or comments:
W. Ray Scott
Conservation & Water Policy Federal Programs Coordinator
Office of Agricultural Water Policy
Florida Department of Agriculture and Consumer Services
The Capitol (PL-10)
Tallahassee, FL 32399-0810
(office) 850-410-6714
(mobile) 850-544-9871
(fax) 850-922-4938
! 11m
Bob Cambric To "Mike.McDaniel@dca.state.fI.us"
(it <bcambric@sfrpc.com> <Mike.McDanlel@dca.Slate.ft.us>
'.
04I06I201005:29 PM cc "Ray.Eubanks@dca.state.ft.us"
<Ray.EubankS@dca.8tate.ft.us>. BiD Pable
<BiII.Pable@dca.state.ft.us>. Rachel Kalin
bee
Subject Monroe County 10-1
Mike:
As noted in the attached letter, the SFRPC Board considered the proposed amendment to the
Monroe County Comprehensive Plan at its 05 April 2010 meeting. The Board found the
amendment generally consistent with the Strategic Regional Policy Plan for South Florida. The
staff report for the amendment was submitted to DCA on 26 March 2010. The attached report,
which was not amended by the Board, should be considered the official version.
Please contact Rachel Kalin of Council staff if you have any questions.
Bob Cambrk
Special Projects MaDaser
South Florida Regional Planning CouncD
3440 Hollywood Boulevard, Suite 140
Hollywood, Florida 33021
954.985.4416 - V oke
954.985.4417 - Facsimile
bcambrk@slrpc.com
The South Florida Regional Planning Coundl is a public entity subject to Chapter 119, Florida Statutes,
concerning public records. All correspondence, including email messages, sent and received are
considered public records and are subject to disclosure.
~ ~
Mcnoe Cowll)Il ()'1 Alter Meeti'lg lelter.P11 ~1 O_lihpcf
i j
South
~8.
Regionsl
Planning
Council
Apri19, 2010
The HcmorabJe Gecqe Neugent
Mayor
Momoe CountJ
25S1dpsW..,
BJs PIne Key, PL 33CM3
o.r MaJor Neugent:
At its AprilS, 2010 meeting, the Cound1 c:oosidered proposed Local Govemment Compzehensive PJan
am.MnNIIlt 110-1 for the Monroe County. Coandl 8d:km, pwlIII8DIlo C1aplll!r 163,. Part n PIorida
Statutes, fcnmd the amendment 10 be geawally cOll8istent with tile strmgk Reg/JRull Polit:y Pia for South
;., FlorUI& The Co1mdI, by the same motloD. approved the IrlmsmitIaI of the enclosed agenda item to the
.' Florida Department of CoIlUllUDity Affain.
~ : ;,; "
;,:'r..__ . ,
..'
l~> Please call if you have any qaestioDs. . _;t,
. !'"'
Sincerely,
(! ~J;-J
Carolyn A.
Executive Director
CAD/tnb
Enclanne
cc: Ouiatine Hurley
3440 Hollywood Boulpard. Suit. 140, Hollywood, Florida 33021
Browarel (954) 985-4416. State (800) 985-4416
FAX (954) 985-4417. email: sfadmln@Sfrpc..com, websita: www.sfrpc.com
\ (
South ~
Florida ,i"~
Regional ;. ~c ,)
Planning
Council
MEMORANDUM
AGENDA ITEM #6b
DAm APRIL 5, 2010
10: COUNCn. MEMBERS
FROM: STAFF
SUBJECT: MONROE COUNlY PROPOSED COMPREHENSIVE PLAN AMENDMENT
DCA #10-1
Communitv Profile
Monroe County, incorporab!d in 1824, is the soulhemmost county in the State of Florida. The County
consists of a mainland portion (782 square miles) bordered by CoUier County to the north and Miami-
Dade County to the east. and an archipelago, known as the Florida Keys, extending from northeast to
southwest for 120 miles (102 square miles), and separating the Gulf of Mexico from the Atlantic Ocean.
1lte mainland portion is occupied by Everglades National Park and Big Cypress National Preserve and is
virtually uninhabib!d. Monroe County's permanent resident population has declined in recent years,
falling from 79,589 in 2000 to 76,801 in 2008, but rose in 2009 to 7/,925. A similar pattern has been
observed in the resident population of the unincorporated portion of the county, which was estimated at
36,268 in 2009. 1be seasonal population in the Florida Keys is significant 1lte economy of Monroe
County is based on tourism, fishing, retirees, and the military.
1lte majority of Monroe County is environmentally sensitive, comprised of mangrove wetlands, tropical
hardwood hammocks. and rare and endangered species habita~ with world-renowned coral reefs
offshore. With one main highway serving the entire population. traffic is a concern. particularly during
hurricane evacuations. Lack of adequate infrastructure for stormwater and wastewater magnifies the
effects of potential population growth on nearshore coastal waters. The desirability of the County as a
place to live and the limited amount of allowable development have made land costs expensive, which
can impact affordable housing supplies. With infrastructure and the environment showing signs of stress
and thousands of undeveloped platted 1015. the Florida Keys has been designab!d an Area of Critical State
Concern,. under Chapter 380.(6, Florida Statutes. A general location of the County is shown in
Attachment 1.
Amendment Review
1lte South Florida Regional Planning Council (SFRPC) review of proposed Comprehensive Plan
dmendments for consistency with the Strategic &gi01lll1 Policy Plan for South Florida (SRPP) primarily
c1ddresses effects on regional resources or facilities identified in the SRPP and extra jurisdictional impacts
lhat would be inconsistent with the Comprehensive Plan of the affecb!d locaJ government (*163.3184(5),
Fla. Stat). 1lte Council's review of amendments is conducted in two stages: (1) proposed or transmittal
and (2) adoption. Council staff reviews the contents of the amendment package once the Department of
Community Affairs certifies its completeness.
3440 Hollywood Boulevard, Sui1It 140, Hollywood, Florida 33021
Browerd County (954) 9854418; elsewhent in Florida (800) 985-4416
Fax (954) 9854417, e-mail: sfadmin@sfroc com, websil8: wwwsfroc.com
Objections llnd Comments relate to specific inconsistencies with relevant portions of the SRPP, which was
ddopted pursuant to Rule 29J-2009, Fla. Administrative Code. Council staff will work with local
governments to address Objections clJ\d Comments identified during the review of a proposed
dmendment between the transmittal and the adoption of the amendmenl
The SFRPC did not prepare the amendment package and, therefore, is not precluded from commenting
on the proposed Plan or Element pursuant to Section 163.3184(5), Florida Statutes (F.S.), or Rule 9J-
11.()(JU, Florida Administrative Code (F.A.C); or commenting on the proposed amendment pursuant to
Section 163.3246S(4)(b), FS.
The Florida Deparbnent of Community Affairs (DCA) notified SFRPC that the amendment package was
complete on: March 5, 2010.
The amendment review must be transmitted to DCA on: April 3, 2010.
The staff report was transmitted to DCA on: March 26, 2010; and the Board report will be transmitted on
April 5, 2010.
Staff Analy.iI
Proposed amendment package #10-1 includes two amendments to the Future Land Use Map (PLUM).
SUMMARY OPPROPOSED MAP AND TEXT AMENDMENTS
AmendmeaI Descriptfoa AIfadt. Staff DOCC
ment Recommendation Vote
Monroe County owned PLUM Amendments that would Generally
conservation lands change 127 parcels throughout the N/A Consistent with 5-0
Resolution #061-2010 Florida Keys from various PLUM the SRPP
designations to Conservation (C).
MOJ Investments, PLUM Amendment (0.62-acre Generally
parcel)
LLC, Key Largo From: ResidentialLDw 2 Consident with 5-0
Resolution #062-2010 To: Mixed Use I Commercial (MC) the SRPP
BOCC - Momoe County Board of County Commis&Ionen RUM - FutuJe Land Use Map
Momoe County owned Consavation Lands Map Amendments (Relolutlon #061-2010)
This amendment proposes to change the Future Land Use Map (FLUM) for 127 County-owned vacant
parcels from various land uses (Mixed Use/Commercial (MC), Residential Conservation(RC), Residential
High (RH), Residential LDw (RL), and Residential Medium (RM)J to Conservation (C). These parcels are
located in the TIer I overlay (environmentally sensitive lands) and total 28.87 acres in size. The 127
parcels of land are scattered throughout the following Keys: Big Pine, Cudjoe, Key Largo, Sugarloaf, llnd
Summerland
This amendment would fulfill a Goal of a $3.5 million grant from the Florida Communities Trust received
by the County in 1994. The grant requires that aU lands purchased be re-designated as Conservation (C)
dnd to be used as such or for resource-based recreation purposes only.
The Monroe County Board of County Commissioners voted 5-0 to approve the proposed map
amendments on February 22. 2mO.
MDJ Inveltments LLC, Key Largo Map Amendment (Resolution '062-2010)
This amendment proposes to change the Future L.lnd Use Map (FLUM) &om ResidenliaJ Low (RL) to
Mixed Use/Commercial (Me) for a O.62-acre parcel located at 99101 Overseas Highway, Key Largo.
Attachment 2 presents an aerial photograph of the amendment site, which is located close to Mile Marker
99 on the ocean side, but adjacent to the Overseas Highway.
The existing use of the parcel is an office building, approximately 2,968 square (eet in size. The
surrounding parcels to the east and southeast contain federal, county, and privately owned lands; a
Volunteer Fire Department to the north; the ~ Largo Baptist Church to the south; and parcels in the
U.S. 1 median contain commercial retail and some privately owned land. The Northstar Resort owns land
across from the subject property on the gulf side.
County staff states the proposed amendment would retain the community character and quality of lite in
the area. In addition" the building on the site has been operating since 1958 and the map amendment is
intended to correct data errors and consistency issues with the rezoning of the parcel from ResidenliaJ
(RU-l) to Business (BU-l) back in 1976.
The Monroe County Board of County Commissioners voted 5-0 to approve the proposed map
amendments on February 22. 2010.
Impact Anatysis
Staff analysis confirms the Monroe County proposed amendment package #10-1 would not result in
compatibility, extra-jurisdictional, or affordable housing issues; or impact significant regional resources
Ilnd facilities, natural resources, transportation systems, emergency preparedness plan and local
mitigation strategies.
Since a detailed impact analysis is not applicable to the review of the proposed amendment, the related
analysis sections found in the Department of Community Affairs (OCA) Amendment Review Form C-7
(Sections 9 through 18) have not been included in this staff report
Recommendation of COllllltency with Slrale2lc R~onal PoUcv Plan (SRPP)
Find the Monroe County Year 2010 Comprehensive Plan proposed amendment package '1~1 to be
generally consistent with the Strategic Regional Policy Plan for South Florida. Approve this staff
report for transmittal to the Florida Department of Community AffairL
2
I (
Attachment 1
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COMPREHENSIVE PLAN AMENDMENTS
General Location Map
Monroe County
Proposed Amendment #10-1
Sources: mEP, SfWMD, Monroe County , SfRPC.
Note: for . AD distances are aDnllWlmate.
i
Attachment 2
COMPREHENSIVE PLAN AMENDMENlS
AerfaI Map
Monroe Counly Proposed Amendment #10-1
Resolution #062-2010
MOJ Investments, LLC (Mile Marker 99)
From: Residential Low (RL)
To: Mixed Use / Commercial (Mq
(0.62 acre)
Sources: FDEP,SfWMD, Monroe County, SfRPC.
Note: For . AU.JtsIantes an! a . ....
I //73D
(I "Card. Carlton. To "Ray.Eubanks@dca.state.fI.usR
<Carfton.CardOdolstalB.8. <Ray.Eubanks@dca.stalB.fI.us>,
us> "BiD. Pable@dca.SIaIB.fI.us. <BlD.Pable@dc:a.stat8.fI.us>
04J02J2010 04:47 PM cc
bee
Subject Monroe County Comprehensive Plan Amendment 10-01
Hello Ray,
Below you will find the Florida Department of Transportation District VI comments to the Monroe
County Comprehensive Plan Amendment 10-01:
. In accordance with your request, and the provisions of Chapter 163, Florida Statutes and
Chapter 9J-5, Florida Administrative Code, this office has completed a review of the Monroe
County Comprehensive Plan Amendment 10-01, which was forwarded to our office on March 5,
2010. There are no impacts antidpated to the State Highway System facilities resulting from this
amendment. Therefore, the District has no specific objections or recommendations at this time.
Please contact Carlton Card at 305-470-5875, if you have any questions concerning our
response.
Carlton S. Card
Transportation Planner
Florida Department of Transportation District VI
1000 NW 1Utb Ave
Miami, FL 33172
(3OS) 470-5875
I
\
FLORIDA DEPARTMENT OF STATE
Kurt S. Browning
Secretary of State
DIVISION OF HISTORICAL RESOURCES
March 26, 2010
Mr. Ray Eubanks \\~O
~\~\\\)
Department of Community Affairs
Bureau of State Planning
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: Historic Preservation Review of the Monroe County 10-1 Comprehensive Plan
Amendment
Dear Mr. Eubanks:
According to this agency's responsibilities under Section 163, Florida Statutes, and Chapter 9J-5,
Florida Administrative Code, we reviewed the above document to determine if data regarding
historic resources were given sufficient consideration in the request to amend the Monroe
County Comprehensive Plan.
We reviewed two proposed amendments to the Future land Use Map to consider the potential
effects of these actions on historic resources. One of the amendments changes 127 parcels from
various FlUM categories to Conservation. This should help to protect and preserve any
archaeological sites or historic properties which may be present. The second amendment is a
change to reflect existing conditions. Our cursory review suggests that the proposed changes
should have no adverse effects on historic resources.
If you have any questions regarding our comments, please feel free to contact Susan M. Harp
of the Division's Compliance Review staff at 850.245.6333.
Sincerely,
~ If. kn~
laura A. Kammerer, Historic Preservationist Supervisor
Compliance Review Section
Bureau of Historic Preservation
xc: Mr. Bob Dennis
SOO S. Broaougll Street . Tallahassee, FL 32399-O%!O . bttp:/lwww.nberitage.com
o Dlredoa'. Offf..... o Archaeoloskal ~h ~ Historic: Prnerv..t1on
850.245.6300 · PAX: 245.6436 850.245.644-1. FAX: 245.6452 850.245.6333. FAX: 245.6437
t (
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
March 15, 2010 /~/)
Mr. Ray Eubanks, Administrator
Plan Review and Processing "'a. & It., ,.~
Department of Community Affairs
2555 Shumard Oaks Boulevard . -",
Tallahassee, FL 32399-2100
Dear Mr. Eubanks:
Subject: Monroe County, DCA #10-1
Comments on Proposed Comprehensive Plan Amendment Package
The South Florida Water Management District (District) has completed its review of the
proposed amendments from Monroe County (County). The amendment package
consists of changes to the Future Land Use Map of the County's Comprehensive Plan
to designate 127 County-owned parcels of land as Conservation lands, and one Future
Land Use Map amendment to correct a land use designation on privately owned
property. There appear to be no significant water resource related impacts. Therefore,
we forward no recommendations for inclusion in your review comments to the County.
We look forward to collaborating with the County and the Department of Community
Affairs to protect the water resources of the region. For assistance or additional
information, please contact Terry Manning at (561) 682-6779 or tmanninac&sfwmd.aov.
Sincerely,
q~
Rod Braun
Director
Intergovernmental Policy and Planning Division
c: Bob Dennis, DCA
Christine Hurley, Monroe County
Rebecca Jetton, DCA
Rachel Kalin, SFRPC
Terry Manning, SFWMD
3301 Gun Club RO,ld, West P.llm Beach. Florida 3J.W6 . (561) b86-RIlOO . FL W ATS 1-800-432-2045
Mailing Address: P.O. Box 24680, West Palm Beach. FL 33416-4680 . www.sfwmd.gov
I ExhibitB to Ordinance# -2010 I
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The Monroe County Future Land Use Map is amended
as indicated above.
N
Proposal: Future Land Use mange for RE 00440100-000000 from Residential Low (RL) to .
Mixed Use/Commerical (MC) 1'4..
KEY LARGO MIXED USE AREA II
Exhibit C
3.0 Goals, Objectives and Policies
3.1 Future land Use
GOAL 101
Monroe County shall manage Mure growth to enhance the quality of life, ensure the safety of County
residents and visitors, and protect valuable natural resources. [9J-5.006(3)a]
Obiective 101.1
Monroe County shall ensure that at the time a development permit is issued, adequate public
facilities are available to serve the development at the adopted level of service standards
concurrent with the impacts of such development [9J-5.006(3)(b)1]
Policy 101.1.1
Monroe County shall adopt level of service (LOS) standards for the following public facility
types required by Chapter 9J-5, F.A.C: roads, sanitary sewer, solid waste, drainage,
potable water, parks and recreation, and paratransit. The LOS standards are established
in the following sections of the Comprehensive Plan:
1. The LOS for roads is established in Traffic and Circulation Policy 301.1.1;
2. The LOS for potable water is established in Potable Water Policy 701.1.1;
3. The LOS for solid waste is established in Solid Waste Policy 801.1.1;
4. The LOS for sanitary sewer is established in Sanitary Sewer Policy 901.1.1;
5. The LOS for drainage is established in Drainage Policy 1001.1.1; and
6. The LOS for parks and recreation is established in Recreation and Open Space
Policy 1201.1.1. [5.006(3)(c)3]
Policy 101.1.2
By January 4, 1997, Monroe County shall adopt Land Development Regulations
which provide a Concurrency Management System (See Capital Improvements
Policy 1401.4.5). The Concurrency Management System shall ensure that no permits
will be issued for new development unless adequate public facilities needed to support the
development at the adopted LOS standards are available concurrent with the impacts of
development [9J-5.006(3)(c)3]
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Monitoring and Evaluation Procedures Adoption Date: June 29. 2010 5-1
Obiective 101.2
Monroe County shall reduce hurricane evacuation clearance times to 24 hours by the year 201 O.
Policy 101.2.1
Monroe County shall establish a Permit Allocation System for new residential
development. The Permit Allocation System shall limit the number of permits
issued for new residential development. THIS POLICY IS SUPERSEDED BY
POLICY 101.2.13 FOR AN INTERIM PERIOD OF TIME.
Policy 101.2.2
Applicants shall be required to obtain letters of coordination confirming the availability of
potable water and electricity, and applicable permits from HRS prior to submitting a
building permit application for new residential development to the Monroe County Growth
Management Division through the Permit Allocation System. Applicants shall be required
to obtain all other applicable agency permits prior to the issuance of a County permit.
Policy 101.2.3
The Permit Allocation System for new residential (ROGO) development shall
specify procedures for:
1. annual adjusbnent of the number of permits for new residential units to be issued
during the next year based upon, but not limited to the following:
a. expired allocations and building permits in previous year;
b. allocations available, but not allocated in previous year;
c. number of allocations borrowed from future quarters;
d. vested allocations;
e. modifications required or provided by this plan or agreement pursuant to
Chapter 380, Rorida Statutes; and
f. receipt or transfer of affordable housing allocations by intergovernmental
agreement.
2. allocation of affordable and market rate housing units in accordance with Policy
101.2.4; and
3. timing of the acceptance of applications, evaluation of applications, and issuance
of permits for new residential development during the calendar year.
Policy 101.2.4
Monroe County shall allocate at least 20 percent of residential (non-transient) growth to
affordable housing units as part of the Permit Allocation System. Any portion of the 20
percent allocation not used for affordable housing shall be retained and be made available
for affordable housing from ROGO year to RaGa year. Affordable housing eligible for this
separate allocation shall meet the criteria specified in Policy 601.1.7, but shall not be
subject to the competitive Residential Permit Allocation and Point System in Policy
101.5.4. The parcel proposed for affordable housing shall not be located within an area
designated as Tier I as set forth under Goal 1 05 or within a Tier III Special Protection Area
as set forth in Policy 205.1.1.
Monitoring and Evaluation Procedures Adoption Date: June 29. 2010 5-2
Policy 101.2.5
Monroe County recognizes the discrepancy of units between the County's proposed
allocation to the Cities and the Cities' vested development assumptions. By January 4,
1997, the County shall initiate an interlocal agreement with the Cities to resolve the
discrepancy within three (3) years.
Policy 101.2.6
Monroe County shall prohibit new transient residential units including hotel or motel rooms,
campground spaces, or spaces for parking a recreational vehicle or travel trailer until July
31,2010.
Policy 101.2.7
Monroe County shall have coordinated with the Florida Department of Transportation
(FOOT) to ensure that improvements needed to expand the 18-mile stretch of US 1 are
placed in FOOT's adopted five-year work program by 1998.
Policy 101.2.8
By January 4, 2000, Monroe County shall have coordinated with FOOT to identify funding
and include the improvements needed to expand the segment of US 1 between mile
markers 80 and 90 in the FOOT adopted five-year work program to have construction
completed by 2010.
Policy 101.2.9
Monroe County will coordinate with the Florida Department of Community Affairs' Division
of Emergency Management and the County's Director of Emergency Management to
have Card Sound Road designated as an alternative hurricane evacuation route by the
time the improvements to Card Sound Road are completed in 1998. Monroe County shall
divert 40% of evacuating traffic to Card Sound road upon completion of planned roadway
improvements by 1998.
Policy 101.2.10
Monroe County shall initiate a program to limit the number of vehicles on the roads during
a hurricane evacuation. This program shall include educating the public regarding the
need to use some type of mass transit to reduce the number of vehicles used for hurricane
evacuation and the need to severely reduce the number of individual vehicles used for
evacuation while emphasizing the need to evacuate when an evacuation order is issued.
In addition, the County will study the feasibility of vehicle registration for use in evacuating
and any other feasible alternatives.
Policy 101.2.11
By July 17, 2001, the County shall prepare an Evaluation and Appraisal Report (EAR) of
this plan. As part of the EAR process, in coordination with the South Florida Regional
Planning Council, Key West, Layton and Key Colony Beach, the County will evaluate the
effectiveness of its programs in ensuring:
1. that residents and visitors will evacuate when an evacuation order is issued;
2. that the number of evacuating vehicles will be lower than currently projected in the
Southeast Florida Hurricane Evacuation Study; and
3. the accuracy of the visitor population figures.
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-3
The Southeast Florida Hurricane Evacuation Study transportation models will be updated
based on these factors and the total growth allocations, including allocations to the sub-
areas of the county and to the municipal jurisdictions.
Policy 101.2.12
The County will reconsider its capital improvements based upon the need for additional or
different capital improvements identified as a result of the new hurricane evacuation
transportation model.
Policy 101.2.13
Monroe County shall establish an interim Permit Allocation System for new residential
development The interim Permit Allocation System shall supersede Policy 101.2.1 and
remain in place until such time as Monroe County determines its future growth capacity
based on hurricane evacuation, public safety and environmental needs including water
quality and habitat protection, and amends its plan consistent with such determination,
based on the results of the work program as set forth below. DEp, HRS, DCA and Monroe
County shall develop a coordinated permit review process that will insure that no state
agency shall issue a wastewater disposal permit that would allow development in excess
of the number of permits that Monroe County may issue under this interim policy.
Similarly, Monroe County shall not issue development permits under this interim policy in
excess of wastewater disposal permits that DEP or DOH may issue. For years 3 and 4 of
the work program the interim Permit Allocation System shall allow a minimum of 88 new
residential permits per year which may be used to address the backlog of ROGO
allocations.
Additional new residential permits will be allowed but limited to the number of nutrient
reduction credits earned within the same unincorporated ROGO area. Nutrient reduction
credits shall be earned consistent with Table 1 below. The nutrient reduction credits
earned by the construction of Little Venice system shall be earned according to the
following schedule:
1. 213 of the total credits estimated to be available from the full operation of the
system shall be earned when the wastewater construction permit for the system is
issued by DEp, the designlbuild contract for the system has been fully executed,
and construction of the system has commenced. Of these credits, 52 shall be
made available to Monroe County for affordable housing, and 67 for proposed
affordable housing in the City of Marathon. Any credits not used for affordable
housing shall be available for future allocation pursuant to paragraph 2 below. In
addition, 52 of these credits shall be made available to the City of Marathon.
2. All remaining available credits shall be earned when the construction of the
system is 100 percent complete, the collection system lines have been installed,
and when the final total of credits available from operation of the system has been
calculated.
Nutrient reduction credits that are earned from the construction of a central sewer system,
in which state or federal funds are used, shall be allocated as follows:
1. The local government shall receive a pro rata share of the earned nutrient
reduction credits in proportion to the amount of funds it contributed from its
jurisdiction to the total construction costs; and
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-4
2. The remaining earned nutrient reduction credits shall be allocated between
Monroe County, the City of Marathon, and the Islamorada, Village of Islands in
proportion to the annual ROGO allocation of each to the total annual ROGO
allocation for these local governments.
Nutrient reduction credits earned using funds provided by the State and matched by the
County in fiscal years 1997-98 and 1998-99 will be used to offset the nutrient impacts of
the 88 new residential pennits per year, but may not be used for additional new residential
pennits until such time as these funds generate more than 88 nutrient reduction credits for
Years 3 and 4. For Year 5, the interim Pennit Allocation System shall allow a minimum of
77 new residential pennits. If fewer than 77 nutrient reduction credits are earned in Year 5,
the deficit shall be made up in Year 6 prior to issuance of any new pennits. For Year 6 and
beyond, the interim pennit allocation system shall limit the number of pennits issued for
new residential development to the number of nutrient reduction credits earned within the
same unincorporated ROGO area, except as otherwise authorized herein. For all years
the number of pennits issued for new residential development under the Rate of Growth
Ordinance shall not exceed a total unit cap of 158 new residential units per year.
This allocation represents the total number of new pennits for development that may be
issued during a ROGO year. No exemptions or increases in the number of new pennits,
other than that which may be expressly provided for in the comprehensive plan or for
which there is an existing agreement for affordable housing between the Department and
the local government in the critical areas, may be allowed.
Monroe County shall develop a tracking system for monitoring the nutrient reduction
credits earned. The tracking system shall commence upon effective date of this rule and
the number nutrient reduction credits earned shall be cumulative and may be applied to
future years of the interim Pennit Allocation System.
Table 3.1-1
Nutrient Reduction Credits
Treatment SyStem UPQraded To
On-site Treatment Centralized Systems
Treatment System OWNR or Secondary Best Available Advanced
Upgraded From Equivalent On-site Treatment Treatment (BAT) Wastewater
Treatment and Treatment (AWT)
DiSpOsal SyStem
Cesspit 1 EDU credit 1 EDU credit 1.0 EDU credit 1.5 EDU credit
SubStandard 0.5 0.5 1.0 1.5
OSTDS
Aooroved OSTDS 0.5 0 1 1.5
Secondary N1A N1A 1 1.5
Treatment
Additionally, the unit cap for new residential development shall be linked to the
following work program which identifies actions necessary to correct existing
wastewater and stormwater problems, as well as actions necessary to determine
appropriate future growth. Beginning September 30, 2003 and each year of the
work program thereafter, Monroe County and the Department of Community
Affairs shall report to the Administration Commission documenting the degree to
which the work program objectives for that year have been achieved. The
Commission shall consider the findings and recommendations provided in those
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-5
reports and shall determine whether substantial progress has been achieved
toward accomplishing the tasks of the work program. If the Commission
determines that substantial progress has not been made, the unit cap for new
residential development shall be reduced by at least 20 percent for the following
year. If the Commission determines that substantial progress has been made,
then the Commission shall increase the unit cap for new residential development
for the following year up to a maximum of 158 units. Other agencies identified in
the work program, or any interested persons may likewise report and make
recommendations for consideration by the Commission.
Notwithstanding any other date set forth in this plan, the dates set forth in the
work program shall control where conflicts exist. For each task in the work
program, the Department of Community Affairs shall request of all relevant and
appropriate federal, state, regional, and local agencies that they contribute any
relevant data, analysis and recommendations, and that they take an active role in
assisting the county in completing the task. Each such agency shall prepare, in
coordination with the county, a section to be included in Monroe County's reports
which indicates the agency's actions relative to the work plan. The Department
of Community Affairs shall specifically request that the Florida Keys National
Marine Sanctuary Water Quality Protection Program Steering Committee (Water
Quality Steering Committee) take an active role in coordinating with Monroe
County, and relevant state and federal agencies, in the implementation of the
tasks related to water quality, wastewater and stormwater facilities and in the
development and implementation of the carrying capacity study. The Steering
Committee will provide technical assistance and substantive comments and
recommendations to ensure that the county's wastewater and stormwater master
plans and the carrying capacity study are consistent with the objectives of the
FKNMS Water Quality Protection Program. The Steering Committee will make
recommendations on wastewater systems and Hot Spot priorities prior to
implementation by the County. It is the intent of this rule to accelerate the pace,
and increase the effectiveness of the current cesspit replacement effort through
both a regulatory and an incentive-based program. No later than August, 1999
Monroe County shall engage in a public education program to ensure that the
public understands that the County is committed to the swift identification and
replacement of cesspits, as a full partner with the Department of Health. The
public education program shall explain the role of cesspit removal in the overall
context of the Work Plan and Wastewater Master Plan. The County and the state
shall request the participation of the Steering Committee in the public education
program as well as the Florida Keys Aqueduct Authority.
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Monitoring and Evaluation Procedures Adoption Date: June 29,2010 5-6
WORK PROGRAM1
YEAR ONE (ending December 31, 1997)
A. Complete Phase I (data collection) for the Wastewater and Stormwater Master Plans, and
secure funding for plan completion. (Reference County Objective. 901.4)
Agencies; County, DCA DEp, HRS and SFWMD.
B. Complete a conceptual plan or scope of work to develop a carrying capacity. The carrying
capacity analysis shall be designed to determine the ability of the Florida Keys ecosystem, and
the various segments thereof, to withstand all impacts of additional land development activities.
The analysis shall be based upon the findings adopted by the Administration Commission on
December 12, 1995, or more recent data that may become available in the course of the
study, and shall be based upon benchmark of, and all adverse impacts to the Keys land and
water natural systems, in addition to the impact of nutrients on marine resources. The carrying
capacity analysis shall consider aesthetic, socioeconomic (including sustainable tourism),
quality of life and community character issues, including the concentration of population, the
amount of open space, diversity of habitats, and species richness. The analysis shall reflect
the interconnected nature of the Florida Keys' natural systems, but may consider and analyze
the carrying capacity of specific islands or groups of islands and specific ecosystems of
habitats, including distinct parts of the Keys' marine system. (Ref. 1991 Stip. Settlement
Agreement)
Agencies: County, DCA, DEp, HRS, DOT, GFC, SFWMD, NMS, SFRPC, EPA, USFW,
Army COE, and other interested parties to includes representatives of environmental
organizations and development interests.
C. Complete AWT/OSDS demonstration study and initiate rulemaking for new standards for
OSDS. (Reference County Policy 901.4.3).
Agencies: HRS.
D. Complete Marathon Facilities Plan and secure funding for the facility site(s). The wastewater
facilities plan should implement the most cost effective method of collecting, treating, and
disposing of wastewater and shall include an investigation of the feasibility of using altemative
nutrient-stripping on-site disposal systems. The development of the facilities plan shall be a
component of the wastewater Master Plan as that Plan is developed.
Agencies: County, DCA, and DEP.
E. Continue cesspit elimination program with identification of Hot Spots as first priority in
accordance with Objective 901.2 and seek funding for cesspit identification. Enter into an
interlocal agreement with HRS to specify the responsibilities and procedures for the aSDS
inspection/compliance program as required by Policy 901.2.3. Adopt an ordinance which
specifies the implementation procedures for the aSDS inspection/compliance program. The
ordinance shall include authorization for HRS to inspect wastewater treatment systems on
private property as required by Policy 901.2.3. (Reference County Objective 901.2).
Agencies: County, DCA, and HRS.
F. Submit status of CARL and RaGO land acquisition to the Administration Commission.
Agencies: County, Land Authority, and DEP.
G. Revise the habitat Evaluation Index (HE!) based on peer review.
1 On March 9, 1999, the Administrative Commission determined that the substantial progress toward the work
program objectives had not been made and authorized rulemaking to amend the work program beginning in Year
Three. Work program tasks from years One and Two not completed by the end of Year Two were included as tasks
in subsequent years of the work program.
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-7
Agencies: County, DCA, DEp, FGFWFC, and Federal agencies.
YEAR lWO (ending December 31, 1998)
A. Complete the wastewater and Stormwater Master Plans and execute interagency agreements
to define construction schedule by phases. Document that significant reduction in nutrients will
be achieved each year thereafter within each sub-areas. The Master Plans shall include
facility plans for all proposed treatment strategies, and determine retrofit and funding
requirements for HOT Spots and cesspit identified in D below.
Agencies: County, DCA, DEp, and HRS.
B. Secure funding for the carrying capacity study and initiate Phase I (data collection) of the study.
Agencies: County, DCA, and DEP.
C. Complete cesspit ID process in Hot Spots, excluding the Marathon area.
Agencies: County, DCA, and HRS.
D. Submit status of CARL and RaGa land acquisition to the Administration Commission.
Agencies County, Land Authority, and DEP.
E. Document the extent and quality of the fresh groundwater lens system on Big Pine Key;
delineate the associated recharge areas; and determine the safe yield of the system.
(Reference County Policy 103.1.5).
Agencies: County, DCA, SFWMD, USFWS
YEAR THREE (January 1, 1999 through July 12, 2000)
A. Complete and begin implementation of Wastewater Master Plan. Utilizing the findings of the
Wastewater Master Plan and recommendations of the Water Quality Steering Committee
relating to Hot Spots do the following: refine and prioritize areas identified as Hot Spots,
determine retrofit and funding requirements for priority Hot Spots and cesspit replacement for
areas outside those areas identified for central or cluster wastewater collection systems, and
begin developing facility plans for priority Hot Spots. Execute interagency agreements to define
facility plan, design and construction schedules for each Hot Spot facility. Establish a water
quality monitoring program to document the reduction in nutrients as a result of these facilities.
Complete a wastewater treatment finance plan and a service area implementation plan, and
continue efforts to secure funding for Wastewater Master Plan implementation, with priority
given to Hot Spots. Determine the feasibility and legal ramifications of establishing an escrow
account as a means of providing long-term funding for replacing cesspits or substandard
onsite sewage systems. Establish a mechanism such as special assessments, impact fees,
infrastructure surcharge, or other dedicated revenues, to fund the local share of wastewater
improvements in Years Four and Five. Seek to provide comparable subsidies for both
wastewater collection systems and individual cesspit replacement.
Agencies: County, FKAA, DCA, DEp, DOH, SFWMD, EPA and Water Quality Protection
Program Steering Committee (WQSC).
B. Secure funding for Storm Water Master Plan development, contract selected firm for
development of Master Plan, and complete Phase I (data collection). Determine the feasibility
of providing nutrient reduction credits for stormwater improvements.
Agencies: County, DCA, DOT, SFWMD, EPA and WQSC.
C. Conclude acquisition of North Key Largo Hammocks CARL project. Make offers to 33% of
remaining private owners with property located in other CARL project boundaries.
Agencies: County, Land Authority and DEP.
Monitoring and Evaluation Procedures Adoption Date: June 29. 2010 5-8
D. Secure remaining funds for the carrying capacity study, conduct workshops as outlined in the
Scope of Work, select prime contractor, and initiate Phase I (data collection) of the study.
Agencies: County, DCA, DEp, DOH, DOT, FFWCC, SFWMD, wasc, SFRPC, EPA,
USFWS, Army COE, and other interested parties to include representatives of
environmental organizations and development interests.
E. Continue efforts to secure funding for the Marathon Facility. Complete Little Venice
construction design, secure lands needed for Little Venice facility, and begin bid
process and selection of construction firm. Design a water quality monitoring
program to document Little Venice project impacts.
Agencies: County, FKAA, DCA, DEP, WQSC, and EPA.
F. Continue cesspit identification by providing notice to all property owners with
unknown systems, outside of Hot Spots. Initiate replacement of cesspits outside of
Hot Spots. Award financial assistance grants to qualified applicants using FY 1997-
98 state funds to ensure a minimum of 70 cesspit replacements. Develop a low
interest loan and grant program to assist all residents in replacing cesspits, with
priority of funds going, in order of preference, to very low-, low- and moderate-
income households. Investigate the appropriate point at which nutrient reduction
credits can be awarded for future committed water quality treatment facilities and the
appropriateness of transferring credits among ROGO areas.
Agencies: County, DCA, FKAA, wasc and DOH.
G. Document the extent and quality of the fresh groundwater lens system on Big Pine
Key; delineate the associated recharge areas; and determine the safe yield of the
system. (Ref. County pol. 103.1.5)
Agencies: County, FKAA, DEP, DCA, SFWMD, EPA, WQSC and USFWS.
H. Develop an integrated funding plan for the purchase of land from ROGO applicants
who have competed unsuccessfully for four consecutive years and applied for
administrative relief.
Agencies: County.
I. The County, in conjunction with DCA, shall assess the feasibility of applying the
nutrient reduction credit requirement to new commercial development.
Agencies: County and DCA.
YEAR FOUR (July 13, 2000 through July 12, 2001)
A. Continue implementation of Wastewater Master Plan, execute interagency
agreements to define construction schedule by phases, and continue developing
faCility plans for priority Hot Spots in each ROGO area. Secure funding to implement
the Wastewater Master Plan. Document that reduction in nutrients has been
achieved within each of the sub-areas.
Agencies: County, FKAA, DCA, DEP, DOH, EPA and wasco
B. Complete Storm Water Master Plan. Identify priority projects for implementation and
seek funding for plan implementation.
Agencies: County, DCA, DEP, DOT, SFWMD, EPA and wasco
C. Make offers to 50% of remaining private owners with property located in CARL
project boundaries.
Agencies: County, land Authority and DEP.
Monitoring and Evaluation Procedures Adoption Date: June 29,2010 5-9
D. Complete Phase II of the carrying capacity study (data analysis) and present initial
recommendations to review agencies.
Agencies: County, DCA, DEP, DOH, DOT, FFWCC, SFWMD, wasc, SFRPC,
EPA, USFWS, Army COE, and other interested parties to include representatives
of environmental organizations and development interests.
E. Establish baseline water quality for surface and groundwater quality potentially
impacted by Little Venice project.
Agencies: County, DCA, DEP, FKAA, wasc and EPA.
F. Complete cesspit identification and continue cesspit replacement outside of Hot
Spots, with a priority of funds going, in order of preference, to low- and moderate -
income households; ensure that a minimum of 88 cesspits are replaced
Agencies: County, FKAA, wasc and DOH.
YEAR FIVE (July 13, 2001 through July 12, 2002)
A. Continue implementation of the Wastewater Master Plan pursuant to executed
interagency agreements. Begin construction of wastewater facilities in selected Hot
Spots.
Agencies: County, FKAA, DCA, DOH, DEP, EPA, and wasco
B. Execute interagency agreements to define construction schedule for selected storm
water improvement projects. Complete land acquisition and final design for selected
treatment strategies for Storm Water Master Plan.
Agencies: County, DCA, DEP, DOT, wasc and SFWMD.
C. Conclude negotiations with all willing owners with property within CARL project
boundaries. Acquire a total-to-date of 45% of the Key Deer/Coupon Bight project and
25% of the Florida Keys Ecosystems project from willing sellers.
Agencies: County, Land Authority, and DEP.
D. Complete final draft of the carrying capacity study including acceptance by review
agencies.
Agencies: County, FKAA, DCA, DEP, DOH, DOT, FFWCC, SFWMD, wasc,
SFRPC, EPA, USFWS, Army CaE, and other interested parties to include
representatives of environmental organizations and development interests.
E. Continue eliminating cesspits and inoperative septic tanks in areas outside of Hot
Spots.
Agencies: County, DOH, FKAA and wasco
YEAR SIX (July 13,2002 through July 12,2003)
A. Continue construction of wastewater facilities in Hot Spots begun in previous year.
Contract to design and construct additional wastewater treatment facilities in Hot
Spots in accordance with the schedule of the Wastewater Master Plan. Continue
implementation of Wastewater Master Plan with emphasis on Hot Spots.
Agencies: County, FKAA, DEP, DOW, DCA, EPA and wasco
B. Initiate construction of selected projects as identified in the Storm Water Master Plan.
Agencies: County, SFWMD, DEP, DCA, DOT, EPA and wasco
C. Implement the carrying capacity study by, among other things, the adoption of all
necessary plan amendments to establish a rate of growth and a set of development
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-10
standards that ensure that any and all new development does not exceed the
capacity of the county's environment and marine system to accommodate additional
impacts. Plan amendments will include a review of the County's Future land Use
Map series and changes to the map series and the "as of right" and "maximum"
densities authorized for the plan's future land use categories based upon the natural
character of the land and natural resources that would be impacted by the currently
authorized land uses, densities and intensities.
Agencies: County, FKAA, FFWCC, DCA, DEP, DOH, DOT, SFWMD, SFRPC,
EPA, Army COE, WQSC, and USFWS, and other interested parties to include
representatives of environmental organizations and development interests.
D. Complete the elimination of all cesspits in areas outside of Hot Spots. Agencies:
County, FKAA, DOH and WQSC.
E. Develop a Keys-wide master land acquisition plan which shall include:
(1 ) a strategy for the acquisition of those properties which should be
preserved due their habitat value as well as those other properties where
future development is to be discouraged.
(2) a management plan for implementing the strategy, and
(3) a reasonable, feasible plan for securing funding for said land acquisition.
Agencies: County, land Authority, DCA, DEP, SFWMD, Army COE, EPA,
USFWS, and other interested parties to include representatives of environmental
organizations and development interests.
F. Initiate and complete a collaborative process for the adoption of land development
regulations, and/or comprehensive plan amendments as needed, that will strengthen
the protection of terrestrial habitat through processes such as the Permit Allocation
System and permitting processes, and the preservation and maintenance of
affordable housing stock.
Agencies: County, DCA, DEP, FFWC, USFWS, and other interested parties to
include representatives of environmental organ izations and development
interests.
YEAR SEVEN (July 13, 2003 through July 12, 2004)
A. Finalize construction and begin operating wastewater facilities in Hot Spots.
Continue implementation of Wastewater Master Plan with continued emphasis on
Hot Spots.
Agencies: County, FKAA, DEP, DCA, DOH, EPA and WQSC
B. Continue implementing selected projects as identified in the Storm Water Master
Plan.
Agencies: County, DCA, DEP, DOT, SFWMD, EPA and WQSC
YEAR EIGHT (July 13, 2004 through July 12, 2005)
A. Review and revise (as necessary) the Conservation and Natural Areas Map.
Agencies: County, USFWS, FWCC, DEP, DCA
B. Initiate acquisition strategy for lands identified outside the Conservation and Natural
Areas identified as worthy of protection.
Agencies: County, DCA, DEP
C. Begin public hearings for Conservation and Natural Areas boundaries.
Agencies: County
D. Conclude public hearings for the adoption of the amended Conservation and Natural
Areas Boundaries.
Agencies: County
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-11
E. Adopt an ordinance to implement a moratorium on ROGO/NROGO applications that
involves the clearing of any portion of an upland tropical hardwood hammock or
pinelands habitat contained in a tropical hardwood hammock or pinelands patch of
two or more acres in size located within a Conservation and Natural Area.
Agencies: County, DCA
F. Adopt amendments to the comprehensive plan and land development regulations to
enact overlay designations, and eliminate or revise the Habitat Evaluation Index, and
modify the ROGO/NROGO system to guide development away from environmentally
sensitive lands.
Agencies: County, DCA
G. Amend land development regulations to prohibit the designation of Conservation and
Natural Areas (Tier I) as a receiver site for ROGO exempt development from sender
sites; and to further limit clearing of upland native habitat that may occur in the
Natural Areas (Tier I) and the Transition and Sprawl Reduction Area (Tier II) upon
designation by the County.
Agencies: County, DCA
H. Develop Land Acquisition and Management Master Plan and address both funding
and management strategies.
Agencies: County, DCA, DEP, USFWS, FWCC
I. Provide $40 million in financing secured by infrastructure tax for wastewater facilities.
Agencies
J. Begin construction of wastewater plants or laying of collection lines for Baypoint,
Conch Key and Key Largo Trailer Village/Key Largo Parle
Agencies: County, FKAA, DEP, Key Largo Wastewater District
K. Ensure the connection for up to 1,350 EDUs at Stock Island to Key West Resort
Utilities.
Agencies: County, DEP
L. Complete lower Keys and Key Largo Feasibility Study.
Agencies: County, FKAA, DEP
M. Complete projects identified in the Stormwater Management Master Plan.
Agencies: County, DEP, DCA
N. Evaluate and implement strategies to ensure that affordable housing remains
affordable in perpetuity for future generations. Establish a partnership with non-profit
organizations in order to construct affordable housing using additional state funds.
Agencies: County, FHFC, DCA\
O. Identify potential acquisition sites for affordable housing proposals and include in the
Land Acquisition Master Plan.
Agencies: County, FHFC, DCA
P. Provide up to $10 million in bond financing from the Tourist Impact Tax for
acquisition of land for workforce housing and affordable housing sites.
Agencies: County
Q. Complete a comprehensive analysis of hurricane3 evacuation issues in the Florida
Keys and develop strategies to reduce actual hurricane clearance times and thereby
reduce potential loss of life from hurricanes.
Agencies: County, DCA
Monitoring and Evaluation Procedures Adoption Date: June 29,2010 5-12
YEAR NINE (July 13,2005 through July 12, 2006)
A. In coordination with the Florida Keys Aqueduct Authority and the Key Largo Sewer
District, initiate the process to obtain $80 million in bond financing secured by
connection fees.
Agencies: County, FKAA, Key Largo Sewer District
B. Secure site for lower Keys and Key Largo wastewater facilities
Agencies: County, FKAA
YEAR TEN (July 13, 2006 through July 12, 2007)
A. Award contract for design, construction and operation for the lower Keys and Key
Largo wastewater facilities.
Agencies: County, FKAA, Key Largo Sewer District
B. Begin construction of the lower Keys and Key Largo wastewater plants.
Agencies: County, FKAA, Key Largo Sewer District
C. Initiate connections to lower Keys and Key Largo wastewater systems.
Agencies: County, FKAA, Key Largo Sewer District
D. Complete construction and hookups for Baypoint, Conch Key and Key Largo Trailer
Village/Key Largo Park.
Agencies: County, FKAA, Key Largo Sewer District
E. Obtain $80 million in bond financing secured by connection fees.
Agencies: County, FKAA, Key Largo Sewer District
Monitoring and Evaluation Procedures Adoption Date: June 29,2010 5-13
Policy 101.2.14
For those ROGO applications and properties which have been denied a ROGO
award for four consecutive years and have applied for administrative relief, which
are located in a CARL project or the National Wildlife Refuge and have received
negative habitat scores under ROGO, the County or the state shall offer to
purchase the property if funding for such is available. Refusal of the purchase
offer shall not be grounds for granting a ROGO award.
Policy 101.2.15
Notwithstanding any other provision of the comprehensive plan, ROGO
allocations and nutrient reduction credits utilized for affordable housing projects
may be pooled and transferred between ROGO sub-districts and between local
government jurisdictions within the Florida Keys ACSC. Any such transfer
between local government jurisdictions must be accomplished through an
interlocal agreement between the sending and receiving local governments.
(The remainder of this page left intentionally blank.)
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-14
Obiective 101.3
Monroe County shall regulate non-residential development to maintain a balance of land
uses to serve the needs of the future population of Monroe County.
Policy 101.3.1
Monroe County shall maintain a balance between residential and non-residential growth
by limiting the square footage of non-residential development to maintain a ratio of
approximately 239 square feet of new non-residential development for each new
residential unit pennitted through the Residential Pennit Allocation System. This ratio may
be modified from time to time through amendments to the land development regulations
based upon market and other relevant studies as required by policy 101.3.5. The
commercial allocation allowed by this policy shall be unifonnly distributed on an annual
basis, consistent with the Residential Pennit Allocation System as set forth in Policy
101.2.1.
Policy 101.3.2
Applicants shall be required to obtain letters of coordination confinning the ava~ability of
potable water and electricity, and applicable pennits from HRS prior to submitting a
building pennit application for new non-residential development to the Monroe County
Growth Management Division through the Pennit Allocation System. Applicants shall be
required to obtain all other applicable agency pennits prior to issuance of a County pennit.
Policy 101.3.3
The Permit Allocation System for new non-residential (NROGO) development
shall specify procedures for:
1. the annual adjustment of the square footage allocated for new non-residential
development to be pennitted during the next year based upon, but not limited to:
a) the square footage allocated for new non-residential development that
expired during the previous year;
b) the amount of square footage available for allocations but not allocated in
previous year;
c) modifications required or provided by this plan; and,
d) receipt or transfer of floor area by intergovemmental agreement~
2. maintaining a ratio of approximately 239 square feet of new non-residential
development for each new residential unit pennitted through the Pennit Allocation
System, as may be amended from time to time in accordance with Policy 101.3.1;
and,
3. timing of the acceptance of applications, evaluation of applications, and issuance
of pennits for new non-residential development during the calendar year.
Policy 101.3.4
Public facilities shall be exempted from the requirements of the Pennit Allocation System
for new non-residential development. Except within lier I designated areas pursuant to
Goal 1 05 or within a designated lier III Special Protection Area pursuant to Policy 205.1.1,
certain development activity by federally tax~xempt not-for-profit educational, scientific,
health, religious, social, cultural, and recreational organizations may be exempted from the
Pennit Allocation System by the Board of County Commissioners after review by the
Monitoring and Evaluation Procedures Adoption Date: June 29,2010 5-15
Planning Commission upon a finding that such activity will predominately serve the
County's non-transient population. All public and institutional uses that predominately
serve the County's non-transient population and which house temporary residents shall be
included in the Permit Allocation System for residential development, except upon factual
demonstration that such transient occupancy is of such a nature so as not to adversely
impact the hurricane evacuation clearance time of Monroe County.
Policy 101.3.5
By July 2005, Monroe County shall complete a market demand analysis and economic
assessment to determine the demand for future non-residential development in Monroe
County and planning sub-areas. The non-residential development allocation and Future
Land Use Map (FLUM) designations for non-residential uses may be revised based upon
the results of this study, and other relevant policy and economic studies and data and
provide the basis for preparing specific amendments to the comprehensive plan to
inc;orporate goals, objectives and policies on economic development including tourism.
The analysis will address existing non-residential uses, vacancy rates, economic trends
and demand for non-residential uses by planning sub-area.
(The remainder of this page left intentionally blank.)
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-16
Obiective 101.4
Monroe County shall regulate Mure development and redevelopment to maintain the character of
the community and protect the natural resources by providing for the compatible distribution of land
uses consistent with the designations shown on the Future Land Use Map. [9J-5.006(3Xb) 3]
Policy 101.4. 1
The principal purpose of the Residential Conservation land use category is to encourage
preservation of open space and natural resources while providing for very low-{jensity
residential development in areas characterized by a predominance of undisturbed native
vegetation. Low-intensity public uses and utilities are also allowed. In addition, Monroe
County shall adopt Land Development Regulations which allow any other nonresidential
use that was listed as a pennitted use in the Land Development Regulations that was in
effect immediately prior to the institution of the 2010 Comprehensive Plan (pre-2010
LOR's), and that lawfully existed on such lands on January 4, 1996 to develop, redevelop,
reestablish ancllor substantially improve provided that the use is limited in intensity, floor
area, density and to the type of use that existed on January 4, 1996 or limit to what the
pre-2010 LOR's allowed, whichever is more restricted. Maximum pennitted densities shall
be based upon the results of the habitat analysis required by DMsion 8 of the Monroe
County Land Development Regulations, as amended. [9J-5.006(3Xc) 1 and 7]
Policy 101.4.2
The principal purpose of the Residential Low land use category is to provide for
low-density residential development in partially developed areas with
substantial native vegetation. Low intensity public and low intensity institutional
uses are also allowed. In addition, Monroe County shall adopt Land
Development Regulations which allow any other nonresidential use that was
listed as a permitted use in the Land Development Regulations that were in
effect immediately prior to the institution of the 2010 Comprehensive Plan (pre-
2010 LOR's), and that lawfully existed on such lands on January 4, 1996 to
develop, redevelop, reestablish and/or substantially improve provided that the
use is limited in intensity, floor area, density and to the type of use that existed
on January 4, 1996 or limit to what the pre-2010 LOR's allowed, whichever is
more restricted.
Policy 101.4.3
The principal purpose of the Residential Medium land use category is to
recognize those portions of subdivisions that were lawfully established and
improved prior to the adoption of this plan and to define improved subdivisions
as those lots served by a dedicated and accepted existing roadway, have an
approved potable water supply, and have sufficient uplands to accommodate
the residential uses. Development on vacant land within this land use category
shall be limited to one residential dwelling unit for each such platted lot or
parcel which existed at the time of plan adoption. However, Monroe County
shall adopt Land Development Regulations which allow nonresidential uses
that were listed as a permitted use in the Land Development Regulations that
were in effect immediately prior to the institution of the 2010 Comprehensive
Plan (pre-2010 LOR's), and that lawfully existed on such lands on January 4,
1996 to develop, redevelop, reestablish and/or substantially improve provided
that the uses are limited in intensity, floor area, density and to the type of use
that existed on January 4, 1996 or limited to what the pre-2010 LOR's allowed,
whichever is more restricted. Lands within this land use category shall not be
further subdivided. [9J-5.006(3)(c) 1 and 7]
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-17
Policy 101.4.4
The principal purpose of the Residential High category is to provide for high-
density single-family, multi-family, and institutional residential development,
including mobile homes and manufactured housing, located near employment
centers. In addition, Monroe County shall adopt Land Development Regulations
which allow nonresidential uses that were listed as a permitted use in the Land
Development Regulations that were in effect immediately prior to the institution of
the 2010 Comprehensive Plan, and that lawfully existed on such lands on
January 4, 1996 to develop, redevelop, reestablish and/or substantially improve
provided that the use is limited in intensity, floor area, density and to the type of
use that existed on January 4, 1996 or limited to what the pre-2010 LOR's
allowed, whichever is more restricted. [9J-5.006(3)(c) 1 and 7]
Policy 101.4.5
The principal purpose of the Mixed Use! Commercial land use category is to provide for
the establishment of commercial zoning districts where various types of commercial retail
and office may be permitted at intensities which are consistent with the community
character and the natural environment. Employee housing and commercial apartments
are also permitted.
This land use category is also intended to allow for the establishment of mixed use
development pattems, where appropriate. Various types of residential and norwesidential
uses may be permitted; however, heavy industrial uses and similarty incompatible uses
shall be prohibited. In order to protect environmentally sensitive lands, the following
development controls shall apply to all hammocks, pinelands, and disturbed wetlands
within this land use category:
1. only low intensity commercial uses shall be allowed;
2. a maximum floor area ratio of 0.10 shall apply; and
3. maximum net residential density shall be zero.
Policy 101.4.6
The principal purpose of the Mixed Use/ Commercial Fishing land use category is to
provide for the maintenance and enhancement of commercial fishing and related
traditional uses such as retail, storage, and repair and maintenance which support the
commercial fishing industry. Residential uses are also permitted. In order to protect
environmentally sensitive lands, the following development controls shall apply to all
hammocks, pinelands, and disturbed wetlands within this land use category:
1. only low intensity commercial uses shall be allowed
2. a maximum floor area ratio of 0.1 0 shall apply; and
3. maximum net residential density shall be zero. [9J-5.006(3Xc)1 and 7]
Policy 101.4.7
The principal purpose of the Industrial land use category is to provide for the development
of industrial, manufacturing, and warehouse and distribution uses. Other commercial,
public, residential, and commercial fishing-related uses are also allowed. [9J-5.006(3Xc)1
and 7]
Policy 101.4.8
Monitoring and Evaluation Procedures Adoption Date: June 29.2010 5-18
The principal purpose of the Agriculture/Aquaculture land use category is to encourage the
retention of existing agricultural and aqua cultural uses. [9J-5.006(3Xc)1 and 7]
Policy 101.4.9
The principal purpose of the Recreation land use category is to provide for public and
private activity-based and resource-based recreational facilities. [9J-5.006(3Xc)1 and 7]
Policy 101.4.10
The principal purpose of the Institutional land use category is to provide for institutional
uses by federally 1ax~xempt, non-profit facilities, including, but not limtted to, educational,
scientific, religious, social service, cultural, and recreational organizations. Related
residential and non-residential uses, including student and employee housing shall be
allowed. [9J-5.006(3Xc)1 and 7]
Policy 101.4.11
The principal purpose of the Educational land use category is to provide for
public educational facilities. The County shall coordinate with the School Board
to balance educational facility land requirements with other land use objectives.
In recognition of Monroe County's environment and the linear distribution of its
population, the County shall encourage schools to accommodate building and
facility requirements on existing sites. When new school sites are required,
school shall be encouraged to locate proximate to urban residential areas and
other public facilities. [9J-5.006(3)(c) 1 and 7]
Policy 101.4.12
The principal purpose of the Public Buildings/Grounds land use category is to provide for
public buildings and grounds owned by federal, state and local governments. [9J-
5.006(3Xc)1 and 7]
Policy 101.4. 13
The principal purpose of the Public Facilities land use category is to provide for land
owned by public utilities and service providers. [9J-5.006(3Xc)1 and 7]
Policy 101.4. 14
The principal purpose of the Military land use category is to provide for federally owned
lands used for military purposes. Development densities and intensities are not subject to
regulation by Monroe County. Military commanders will be requested to follow these
recommended densities and intensities as specified in Policy 101.4.22, consistent with
natural resource constraints as well as all County environmental design criteria.
Policy 101 A.15
The principal purpose of the Conservation land use category is to provide for publicly
owned lands held primarily for the preservation of natural and historic resources and
compatible passive recreational uses. Public uses consistent with the purpose of this
category shall be allowed. [9J-5.006(3Xc)1 and 7]
Policy 101.4. 16
The principal purpose of the Airport District land use category is to prohibtt the
development of residential, educational or other uses which are characterized by the
regular presence of large numbers of people within the hazard areas of civil and military
airports.
Policy 101.4.17
Monitoring and Evaluation Procedures Adoption Date: June 29. 2010 5-19
The principal purpose of the Mainland Native land use category is to protect the
undeveloped and environmentally sensitive character of land within Monroe County that is
located on the mainland of the Florida peninsula. Very low density residential uses and
low-intensity educational and research centers shall be allowed. All land in the mainland
portion of Monroe County is hereby designated as Mainland Native.
Policy 101.4.18
The principal purpose of the Historic overlay category is to identify existing and potential
historic districts for designation, protection, and preservation (See Goal 104 and
supporting objectives and policies). Maximum pennitted densities and intensities shall be
in accordance with the underlying land use categories. [9J-5.006(3Xc)1 and 7]
Policy 101.4.19
Densities among properties designated Residential Conservation and Residential Low
shall not be increased above the densities which existed prior to the date of plan adoption
except through appeal procedures to demonstrate that such prior density designations
were incorrect due to scrivener's1drafting errors or incorrect habitat conditions identified on
the December 1985 Habitat Classification Aerial Photographs.
Policy 101.4.21
Monroe County hereby adopts the following density and intensity standards for the future
land use categories, which are shown on the Future Land Use Map and described in
Policies 101.4.1 -101.4.17: [9J-5.006(3)(c)7].
(The remainder of this page left: intentionally blank.)
Monitoring and Evaluation Procedures Adoption Date: June 29,2010 5-20
Future Land Use Densities and Intensities
Allocated Density Maximum Net Density
acre buildable acre
Odu N/A
o roomsl N/A
Odu N/A 0.10
o roomsJ N/A
Odu N/A 0.05
o roomsJ N/A
Odu N/A 0.30
o roomsl N/A
1 du 2du 0.25-0.60
o roomsl N/A
Odu N/A 0.25-0.40
3-15 roomsJ 6-24 roomsJ
0.01 du N/A 0.10
o roomsJ N/A
6du 12du 0.3Q.O.5O
10 roo~ 20 roomsls
1~du 6-18 du 0.1O-D.45
5-15 roomsJ 10-25roo~
Approx. 3-8 du 12du 0.25-0.40
o roo~ o roomsJ
Odu N/A 0.1O-D.30
o roomsJ N/A
Odu N/A 0.1O-D.30
o roomsl N/A
0.25 du N/A 0.20
2 roomsl N/A
O-D.25 du N/A O-D.10
o roomsJ N/A
0.25-0.50 du 5du 0.2O-D.25
o roomsJ N/A
approx. 0.5--8 du N/A 0
(1 dwlot) N/A
o roomsl
Residential High (RH) approx. 3-16 du 12du 0
(18-[)lel, URMel, and UR(l) zoning) (1-2 dwlot) 2Oroomslspoces
10 roomsls
Notes:
(a) 'N/A' I11E!alS that maximum net density bJnuses shal not 00 avaiIciJIe.
(b) The aJocaIed densities ft:1 suOOlerga:j lalds, sat JXX1ds, freshwater JXX1ds, and I11CIlgIOVeS shall 00 0 cn:lthe maxirrum net densities bJnuses shaI not 00 avcilitl!.
(c) The allocated density fa' CFV zoning shall 00 1 ct.veIting unit per lot a1d the maximum net density bJnuses shal not 00 avail~,
(d) Maximum net density bJnuses shal not 00 avci~e to the SS dstricl.
(e) The akx:atOO density ft:11S-D cn:l URM zoning shall 00 2 and 1 cMaIing units per 101, respectively and the maximum net density lmuses shal not 00 avajlaE.
(f) The maximum net density fa' the UR dis1rK:t shall 00 25 ft:1 units v.tlere aI units ae designated as affcrdabIe hoosing.
(g) For ~ OO'lSisting of hammocks, pinaands or disturbed welICIlds within the MixOO UseI Cornmerdal <J1d MixOO UseI Coomerdal Fishing land use calelpies, thefloo'
crea ratio shall 00 0,10 and the maximum net residentia density bJnuses not ~.
(h) Uses under the cal8pies of Agriculture, EducatiorI, Ins1itutiooa, Putiic Fdties, and Putiic Buildings and Uses, whidl have no diroctly axre5JXX1ding zooing, may 00
i~ into new orexisling zooing districts as apprq:Jiale.
i The Maximum Net . is the maximum . ~wilhtheuseofTDRs.
Monitoring and Evaluation Procedures Adoption Date: June 29,2010 5-21
Policy 101.4.22
All development shall be subject to clearing limits defined by habitat and the
location of the property in the Land Use District (zoning) Overlay lier Maps and
the wetland requirements in Policy 102.1.1. The clearing limits of upland native
vegetation areas for properties in the Ocean Reef planned development shall be
limited to 40 percent of the existing upland native vegetation. Except as defined in
Policy 101.12.4, clearing of upland native vegetative areas in the liers I, II, and III
shall be limited for the portion of the property containing upland native vegetation
in the following percentages:
lier Permitted Clearinq *
I 20%
II 40% (Big Pine Key and No Name Key)
III 40% or 3,000 sJ., whichever is greater; however, the
maximum amount of clearing shall be no more than 7,500
square feet, regardless of the amount of upland native
vegetative area.
* Palm or cactus hammock is limited to only 10%.
Policy 101.4.23
Notwithstanding the density limitations set forth in Policy 101.4.21, land upon which a
legally~tablished residential dwelling unit exists shall be entitled to a density of one
dwelling unit per each such unit. Such legally-established dwelling unit shall not be
considered as non-conforming as to the density provisions of policy 101.4.21 and the
Monroe County Code.
Policy 101.4.24
In order to preserve the existing community character and natural environment, Monroe
County shall limit the height of structures including landfills to 35 feet. Exceptions will be
allowed for appurtenances to buildings, transmission towers and other similar structures.
(The remainder of this page left intentionally blank.)
Monitoring and Evaluation Procedures Adoption Date: June 29.2010 5-22
Obiective 101.5
Monroe County shall implement a Point System based primarily on the Tier system of land
dassification in accordance with Goal 1 05, which directs future growth in order to:
1. encourage the redevelopment and renewal of blighted areas [9J-5.006(3Xb )2];
2. maintain and enhance the character of the community [9J-5.006(3Xb )3];
3. protect natural resources [9J-5.006(3Xb)4];
4. encourage a compact pattern of development [9J-5.006(3)(b )7];
5. encourage the development of affordable housing; and,
6. encourage development in areas served by central wastewater treatment
systems.
Policy 101.5.1
Monroe County shall adopt through its land development regulations a new Point
System for residential (ROGO) and non-residential (NROGO) development to
replace the existing Point System by no later than July 1, 2005. Except for
affordable housing, this Point System, as set forth in Policy 101.5.4 for residential
development and Policy 101.5.5 for non-residential development, shall be used
as a basis for selecting the development applications which are to be issued
permits through the Permit Allocation System pursuant to Policy 101.5.4 and
Policy 101.5.5. For market rate housing units or non-residential development to
be awarded allocations under the Permit Allocation System the Point System
shall specify positive point factors which shall be considered as assets and shall
specify negative point factors which shall be considered as liabilities in the
evaluation of applications for new residential and non-residential development.
Policy 101.5.2
In order to encourage a compact fonn of residential growth that results in intill development
in platted, improved subdivisions, the Point System shall be primarily based on the Tier
system of land dassification as set forth under Goal 105. To discourage and limit further
growth in Tier I designated areas, the annual maximum number of residential pennit
allocations that may be awarded in Tier I shall be no more three (3) in each of the two
Residential Pennit Allocation planning areas established by the Land Development
Regulations. [9J-5.006(3Xc)1 and 6]
Policy 101.5.3
In order to encourage a compact form of non-residential growth, the Permit
Allocation System shall limit and direct new non-residential development
primarily to areas designated as Tier '" under Goal 105 not located within a
designated Special Protection Area and provide incentives for redevelopment of
existing developed and vacant intill sites. (See Policy 101.3.1.) [9J-5.006(3)(c)1]
Policy 101.5A
Monroe County shall implement the residential Permit Allocation and Point
System through its land development regulations based primarily on the Tier
system of land classification as set forth under Goal 105. The points are intended
to be applied cumulatively.
1. Tier Designation - Utilizing the Tier System for land classification in
Policy 105.2.1, the following points shall be assigned to allocation
applications for proposed dwelling units in a manner that encourages
development of intill in predominately developed areas with existing
infrastructure and few sensitive environmental features and discourages
Monitoring and Evaluation Procedures Adoption Date: June 29,2010 5-23
development in areas with environmentally sensitive upland habitat which
must be acquired or development rights retired for resource conservation
and protection.
Point Assignment: Criteria:
+0 Proposes a dwelling unit within areas designated
Tier I [Natural Area] on Big Pine Key and No Name
Name Key.
+10 Proposes a dwelling unit within areas
designated Tier I [Natural Area] outside of Big
Pine Key or No Name Key.
+10 Proposes development within areas designated Tier
II [Transition and Sprawl Reduction Area on Big Pine
Key or No Name Key.]
+20 Proposes development within areas designated Tier
III [Infill Area] on Big Pine Key or No Name Key.
+20 Proposes development within areas designated Tier
III [Infill Area] outside of Big Pine Key or No Name
Key that will result in the clearing of upland native
vegetation within a Special Protection Area.
+30 Proposes development within areas designated Tier
III [Infill Area] outside of Big Pine Key or No Name
Key that will not result in the clearing of any upland
native vegetation within a Special Protection Area.
2. Big Pine and No Name Keys - The following negative points shall be cumulatively
assigned to allocation applications for proposed dwellings to implement the Big Pine
Key and No Name Key Habitat Conservation Plan and the Livable CommuniKeys
Community Master Plan.
Point Assignment: Criteria:
-10 Proooses development on No Name Key.
-10 Proposes development in designated Lower Keys
Marsh Rabbit habitat or buffer areas as designated
in the Community Master Plan.
-10 Proposes development in Key Deer Corridor
as designated in the Community Master Plan.
3. Lot Aggregation - The following points shall be assigned to allocation
applications to encourage the voluntary reduction of density through
aggregation of legally platted buildable lots within Tier II and Tier III areas.
Point Assignment: Criteria:
+4 Each additional contiguous vacant legally platted
lot which is aggregated in a designated Tier III area
outside of Big Pine Key and No Name Key that
meets the aforementioned requirements will earn
additional pOints as specified.*
+3 Each additional contiguous vacant, legally platted
Monitoring and Evaluation Procedures Adoption Date: June 29. 2010 5-24
lot which is aggregated in a designated lier II or 1lI
area on Big Pine Key and No Name Key that
meets the aforementioned requirements will earn
additional points as specified.
*Exception:
No points for lot aggregation will be awarded for
any proposed development that involves the
clearing of any upland native vegetation in a Trer 1lI
Special Protection Area.
4. Land Dedication - The following points shall be assigned to allocation
applications to encourage, the voluntary dedication of vacant, buildable land
within Tier I designated areas and Tier III Special Protection Areas for the
purposes of conservation, resource protection, restoration or density
reduction and, if located in Tier III outside of Special Protection Areas, for the
purpose of providing land for affordable housing where appropriate.
Point Assignment:* Criteria: *
+4 Proposes dedication to Monroe County of one
vacant legally platted lot of sufficient minimum lot
size and upland area to be buildable. Each
additional vacant, legally platted lot that meets the
aforementioned requirements will earn points as
specified.
+1 for each 5,000 square feet of lot Proposes dedication to Monroe County of a
size vacant legally platted lot of 5,000 square feet or
more in size, designated as Residential Low with
a maximum net density within a lier I area and
containing sufficient upland area to be buildable.
Each additional vacant legally platted lot that
meets the aforementioned requirements will earn
points as specified.
+0.5 Proposes dedication to Monroe County of
one (1) vacant, legally platted lot of at least
5,000 square feet in size within a Tier I area,
designated as Residential Conservation, or
Residential Low with no maximum net
density, containing sufficient upland to be
buildable. Each additional vacant, legally
platted lot that meets the aforementioned
reQuirements will earn points as specified.
+4 Proposes dedication to Monroe County of at
least one (1) acre of vacant, unplatted land
located within a Tier I area containing
sufficient upland to be buildable. Each
additional one (1) acre of vacant, unplatted
land that meets the aforementioned
reQuirements will earn points as specified.
* Exception:
Applications for a dwelling unit on Big Pine
Key and No Name Key shall be awarded
Monitoring and Evaluation Procedures Adoption Date: June 29,2010 5-25
points for land dedication in accordance with
Action Item 3.2.2 C of the Livable
CommuniKeys Master Plan for Big Pine Key
and No Name Key.
5. Market Rate Housing in Employee or Affordable Housing Project- The following
points shall be assigned to allocation applications for market rate housing units in an
employee or affordable housing project:
Point Assignment: Criteria:
+6 Proposes a market rate housing unit which is part
of an affordable or employee housing project; both
affordable and employee housing shall meet the
policy guidelines for income in Policy 601.1.7 and
other requirements pursuant to the Land
Development Regulations.
6. Special Flood Hazard Areas - The following points shall be assigned to allocation
applications for proposed dwelling unit(s) to provide a disincentive for locating within
certain coastal high flood hazard areas:
Point Assignment: Criteria:
-4 Proposes development within 'V' zones on the
FEMA flood insurance rate maps.
7. Central Wastewater System Availability - The following points shall be
assigned to allocation applications:
Point Assignment: Criteria:
+4 Proposes development required to be connected
to a central wastewater treabnent system that
meets the BAT/AWT treabnent standards
established by Florida Legislature and Policy
901.1.1.
8. Payment to the Land Acquisition Fund - Up to two (2) points shall be awarded for
a monetary payment by the applicant to the County's land acquisition fund for the
purchase of lands for conservation, and retirement of development rights. The
monetary value of each point shall be set annually by the County based upon the
estimated average fair market value of vacant, privately-owned, buildable IS/URM
zoned, platted lots in lier I.
9. Perseverance Points - One (1) point shall be awarded for each year that the
allocation application remains in the allocation system up to a maximum accumulation
off our (4) points.
Policy 101.5.5
Monroe County shall implement the non-residential Permit Allocation and Point
System through its land development regulations based primarily on the Tier
system of land classification pursuant to Goal 105. The points are intended to be
applied cumulatively.
Monitoring and Evaluation Procedures Adoption Date: June 29.2010 5-26
1. Tier Designation - Utilizing the lier System for land dassification in Policy 105.2.1, the
following points shall be assigned to allocation applications for proposed non-residential
development in a manner that encourages development of intill in predominately
developed areas with existing infrastructure, commercial concentrations, and few sensitive
environmental features, and discourages development in areas with environmentally
sensitive upland habitat, which must be acquired or development rights retired for resource
conservation and protection:
Point Assignment: Criteria:
0 Proposes non-residential development within an area
designated Tier I [Natural Area], except for the
expansion of lawfully established non-residential
development provided under "exception" below.
+10 Proposes non-residential development within an area
designated Tier II [Transition and Sprawl Reduction
Area on Big Pine Key and No Name Key).
+10 Proposes non-residential development that will result
in the clearing of any upland native vegetation within a
Special Protection Area in Tier III.
+20 Proposes non-residential development within an area
designated Tier III [lnfill Area].
Exception:
Any lawfully established non-residential development
shall be assigned +20 points contingent upon no
further clearing of upland native habitat and no
addition to and/or expansion of the existing lot or
parcel upon which the existing use is located.
2. Intensity Reduction. The following points shall be assigned to allocation applications to
encourage the voluntary reduction of intensity:
Point Assignment Criteria:
+4 An application proposes development that reduces the
permitted floor area ratio (FAR) to twenty three percent (23%)
or less.
3. Land Dedication - The fOllowing points shall be assigned to allocation
applications to encourage, the voluntary dedication of vacant, buildable land
within Tier I and Tier II (Big Pine Key and No Name Key) designated areas and
Tier III Special Protection Areas for the purposes of conservation, resource
protection, restoration or density reduction and, if located in Tier'" outside of
Special Protection Areas, for the purpose of providing land for affordable housing
where appropriate.
Point Assignment Criteria:
+4 Proposes dedication to Monroe County of one (1) vacant,
legallv platted lot of sufficient minimum lot size and
Monitoring and Evaluation Procedures Adoption Date: June 29,2010 5-27
upland area to be buildable. Each additional vacant,
legally platted, buildable lot which is dedicated that meets
the aforementioned requirements will earn the additional
points as specified.
+1 per 5,000 square feet of Proposes dedication to Monroe County of a vacant legally
lot area platted lot of five thousand (5,000) square feet or more in
size, designated as Residential Low with maximum net
density within a Tier I area and containing sufficient
upland to be buildable. Each additional vacant, legally
platted lot, that meets the aforementioned requirements
will earn points as specified.
+0.5 Proposes dedication to Monroe County of one (1) vacant,
legally platted lot of five thousand (5,000) square feet or
more within a Tier I area designated as Residential
Conservation, or Residential Low with no maximum net
density, containing sufficient upland to be buildable.
Each additional vacant, legally platted lot that meets the
aforementioned requirements will earn points as
specified.
+4 Proposes dedication to Monroe County of at least one (1)
acre of vacant, unplatted land located within a Tier I area
containing sufficient upland to be buildable. Each
additional one (1) acre of vacant, unplatted land that
meets the aforementioned requirements will earn the
points as specified.
4. Special Flood Hazard Area - The following points shall be assigned to allocation
applications to discourage development within high risk special flood hazard zones:
Point Assignment Criteria:
-4 Proposes development within a "V" zone on the FEMA Flood
Insurance Rate Map.
5. Perseverance Points - One (1) or two (2) points shall be awarded for each year that the
allocation application remains in the system.
6. Highway Access - The following points shall be assigned to allocation applications to
encourage connections between commercial uses and reduction of the need for bips and
access onto U.S. Highway 1 :
Point Assignment Criteria:
+3 The development eliminates an existing driveway or access-
way to U.S. Highway 1.
+2 The development provides no new driveway or access-way to
U.S. Highway 1.
7. Landscaping and Water Conservation - The following points shall be assigned to
allocation applications to encourage the planting of native vegetation and promote water
conservation:
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-28
Point Assignment Criteria:
+3 The project provides a total of two hundred percent (200%) of
the number of native landscape plants on its property than the
number of native landscape plants required by this chapter
within landscaped bufferyards and parking areas.
+1 Twenty-five percent (25%) of the native plants provided to
achieve the three (3) point award above or provided to meet
the landscaped bufferyard and parking area requirements of
this chapter are listed as threatened or endangered plants
native to the Florida Keys.
+2 Project landscaping is designed for water conservation such
as use of one hundred percent (100%) native plants for
vegetation, collection and direction of rainfall to landscaped
areas, or the application of re-used wastewater or treated
seawater for watering landscape plants.
8. Central Wastewater System Availability - The following points shall be
assigned to allocation applications:
Point Assignment: Criteria:
+4 Proposes development required to be connected to a central
wastewater treatment system that meets the BAT/AWT
treatment standards established by Florida Legislature and
Policy 901.1.1.
9. Employee Housing - The following points, up to a maximum of four (4), shall be assigned
to allocation applications for employee housing units:
Point Assignment: Criteria:
+2 Proposes an employee housing unit which is located on a
parcel with a non-residential use.
10. Payment to the Land Acquisition Fund - Up to two (2) points shall be awarded for a
monetary payment by the applicant to the County's land acquisition fund for the purchase
of lands for conservation, and retirement of development rights. The monetary value of
each point shall be set annually by the County based upon the estimated average fair
market value of vacant, privately-owned, buildable ISlURM zoned, platted lots in Tier I.
Policy 101.5.6
The Residential and Non-residential Point Systems shall be monitored on an
annual basis and revised as necessary based on new studies and data in a
manner that is consistent with and furthers the goals, policies, and objectives of
this plan.
Policy 101.5.7
Monroe County shall allow for the development of residential projects with multiple units
within the Permit Allocation System. If a project ranks high enough in the Point System for
a portion of the development to receive an allocation award, but the project includes more
units than are available during an allocation period, the entire project may receive
allocation awards if the excess allocation is reduced from the next allocation period( s).
Policy 101.5.8
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-29
Monroe County may develop a program, called Transfer of ROGO Exemption
(TRE), that would allow for the transfer off-site of dwelling units, hotel rooms,
campground/recreational vehicle spaces and/or mobile homes to another site in
the same ROGO sub-area, provided that they are lawfully existing and can be
accounted for in the County's hurricane evacuation model. In addition, the
receiver site shall be located within a Tier '" area outside a designated Special
Protection Area and for a receiver site on Big Pine Key and No Name Key, the
sending site shall also be located on one of those two islands.
Policy 101.5.9
For the purposes of NROGO scoring pursuant to Policy 101.5.5, lawfully established non-
residential uses shall be assigned +20 points. If any such use is located within a lier I
designated area or=a lier '" Special Protection Area, such scoring assignment shall be
contingent upon no further clearing of upland native habitat and no addition to and/or
expansion of the existing lot or parcel upon which the use is located.
Policy 101.5.12
Non-residential development on Big Pine Key and No Name Key will be allocated
pursuant to the following additional criteria:
1. Development must be infill in existing commercial areas in lier 2 and lier 3 lands,
mainly along the U. S. 1 corridor on Big Pine Key.
2. All new non-residential development will be limited to disturbed or scarified lands.
3. Allocation awards shall be allowed to exceed 2,500 square feet per site if located
within the designated Community Center Overlay as designated by Action Item
4.1.5.
4. New allocations shall be awarded moderate positive points to applicants who fulfill
the additional criterion set forth in Strategy 4.2 of the Livable CommuniKeys
Master Plan for Big Pine Key and No Name Key.
All new non-residential development within the planning area shall be exempt from
criterion 5, 6, 7, and 17 of Policy 101.5.5. Development that is exempt from NROGO will
not be subject to criteria 1 through 4 above.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-30
Obiective 101.6
Monroe County shall expand the Monroe County Land Authority acquisition program to provide for
the purchase of land from property owners who have not been awarded building pennit allocations
in the PennitAllocation System.
Policy 101.6.1
Monroe County, the state, or other acquisition agency shall, upon a property
owner's request, purchase the property for fair market value or permit the
minimum reasonable economic use of the property pursuant to Policy 101.6.5, if
the property owner meets the following conditions:
1. they have been denied an allocation award for four successive years in the
Residential (RaGa) or Non-residential (NROGO) PennitAllocation System;
2. their proposed development otherwise meets all applicable county, state, and
federal regulations;
3. their allocation application has not been withdrawn;
4. they have complied with all the requirements of the Residential or Non-residential
Pennit Allocation System; and
5. they follow the procedures for administrative relief contained in the land
development regulations.
As used in this Policy, "minimum reasonable economic use" shall mean, as
applied to any residentially zoned lot of record which was buildable immediately
prior to the effective date of the Plan, no less than a single-family residence. "Fair
market value" shall be an amount which is no less than ad valorem valuation in
the Monroe County Real Property Tax Roll for the year 1992.
Policy 101.6.2
By fiscal year 1998, the Monroe County Land Authority shall dedicate a minimum of 35
percent of its annual budget each year for the purpose of acquiring land from qualified
property owners as defined by Policy 101.6.1. Funds accumulated from this source shall
be reserved for the acquisition of land from qualified property owners, but may also be
used to acquire other properties when deemed appropriate by the Land Authority.
Policy 101.6.3
By January 4, 1998, Monroe County shall identify potential funding sources and seek
funding from state, federal, and/or private sources to be used for acquisition of land from
qualified property owners as defined by Policy 101.6.1.
Policy 101.6.4
The County will coordinate with DCA to ensure that DCA continues to support enhanced
land acquisition efforts in the Keys based on needs identifred in this comprehensive plan.
This coordination shall ensure continued support of state acquisition efforts under CARL,
Preservation 2000 and the Florida Communities Trust programs. The County encourages
the Department to work at the state level to create a dedicated acquisition fund for Tier 1
lands on Big Pine Key and No Name Key based on the results of the Canying Capacity
Study, the requirements of the incidental take pennit and Habitat Conservation Plan and
the Master Plan for Big Pine Key and No Name Key. The County_and the Department will
also support appropriate legislative changes which will have the effect of enhancing the
Land Authority efforts throughout the County, and the South Florida Water Management
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-31
Districts acquisitions on Big Pine Key. Similarly, cooperation will continue with private
acquisition efforts, such as The Nature Conservancy and the Florida Land and Sea Trust
Policy 101.6.5
Monroe County, the state, or other acquisition agency shall pursue land
acquisition through voluntary purchase of lands from private property owners
denied a building permit through the Permit Allocation System, as the preferred
option for administrative relief pursuant to Policy 101.6.1, if the subject permit is
for development located within:
1. a designated Tier I area;
2. a designated Tier III Special Protection Area; or,
3. a designated Tier III area on a non-waterfront lot suitable for affordable
housing.
Refusal of the purchase offer by a property owner shall not be grounds for the
granting of a ROGO or NROGO allocation award.
Policy 101.6.6
Monroe County shall preclude the granting of administrative relief in the fonn of the
. issuance of a building pennit for lands within the Florida Forever targeted acquisition or
Tier I lands areas unless, after 60 days from the receipt of a complete application for
administrative relief, it has been determined the parcel can not be purchased for
conservation purposes by any county, state or federal agency or any private entity. The
County shall routinely notify Department of Environmental Protection of upcoming
administrative relief request at least six (6) months prior to the deadline for administrative
relief.
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Monitoring and Evaluation Procedures Adoption Date: June 29. 2010 5-32
Obiective 101.7
Monroe County shall evaluate potential redevelopment areas and prepare redevelopment plans
for areas detennined to be in need of redevelopment. [9J-5.006(3Xb )2]
Policy 101.7.1
By January 4, 1998, Monroe County shall conduct a needs assessment of potential
redevelopment areas. This assessment shall analyze land use changes, property values,
structural conditions, business climate, renter/owner ratios, commercial and residential
vacancy rates, and other indicators of economic vitality and physical living conditions for
which infonnation is available.
Policy 101.7.2
By January 4, 1998, Monroe County shall complete a community plan for Stock Island
which shall address redevelopment needs identified by the needs assessment of potential
redevelopment areas. Preparation and funding of this plan shall be coordinated with the
City of Key West.
Policy 101.7.3
By January 4, 1998, the Board of County Commissioners shall consider adopting a
Finding or Findings of Necessity as specified in the Rorida Community Redevelopment
Act, Chapter 163, Part III, F.S. for any area or areas where such a Finding is deemed
appropriate and is supported by documented need.
Policy 101.7.4
By January 4, 1998, Monroe County shall prepare and adopt redevelopment plans for any
area or areas for which the Board of County Commissioners adopts a Finding of
Necessity.
Policy 101.7.5
Monroe County shall consider privately developed redevelopment plans if prepared in
confonnance with Chapter 163, Part III, F. S. and approved by the Board of the County
Commissioners.
Policy 101.7.6
The Monroe County Planning Department, in coordination with the Office of Management
and Budget Grants Manager, shall solicit state and federal funds to meet specific
community needs for neighborhood revitalization and redevelopment identified by the
needs assessment of potential redevelopment areas.
Policy 101.7.7
Monroe County shall coordinate redevelopment efforts with interested citizens' groups, the
Monroe County Housing Authority, the Monroe County Sheriffs Department, and other
appropriate local, state and federal agencies.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-33
Obiective 101.8
Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the
applicable provisions of the land development regulations and the Future Land Use Map, and
structures which are inconsistent with applicable codes and land development regulations. [9J-
5.006(3Xb)3]
Policy 101.8.1
Monroe County shall prohibit the expansion of non-conforming uses. [9J-5.006(3)(c)2]
Policy 101.8.2
Monroe County shall prohibit a non-conforming use to be changed to any other use unless
the new use conforms to all applicable provisions of the Future Land Use category and
zoning district in which it is located.
Policy 101.8.3
Monroe County shall prohibit the relocation of a structure in which a non-conforming use is
located unless the use thereafter conforms to the provisions of the Future Land Use
category and zoning district in which it is located.
Policy 101.8A
With the exception of non-conforming uses located in the Mixed Use/Commercial Fishing
Future Land Use category, if a structure in which a non-conforming use is located is
damaged or destroyed so as to require substantial improvement, then the structure may
be repaired or restored only for uses which conform to the provisions of the Future Land
Use category and zoning district in which it is located. [9J-5.006(c)2]
Policy 101.8.5
Substantial improvement is defined as any repair, reconstruction or improvement of a
structure, the cost of which equals or exceeds fifty percent of the pre-destruction market
value of the structure. Improvements to historic sites, and improvements to meet health,
sanitary or safety code specifications are not considered substantial improvements. [9J-
5.006(3Xc)2]
Policy 101.8.6
Non-conforming uses existing as of September 15, 1986 and located within the Mixed
Use/Commercial Fishing category, as indicated on the Future Land Use Map, may be
rebuilt if damaged or destroyed, provided that they are rebuilt to the preexisting use,
building footprint and configuration without increase in density or intensity of use.
Policy 101.8.7
Monroe County shall prohibit the re-establishment of non-conforming uses which have
been discontinued or abandoned. [9J-5.006(3Xc)2]
Policy 101.8.8
Enlargements and extensions to non-conforming structures shall be allowed, provided
that:
1. the improvement does not constitute a substantial improvement;
2. a non-conforming use is not located in the non-conforming structure; and
3. the nonconformity is not further violated.
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-34
Policy 101.8.9
A non-confonning structure, other than a locally or nationally registered historic structure,
shall not be moved unless it thereafter shall confonn to the applicable provisions of the
Monroe County Code.
Policy 101.8.10
With the following exception, non-confonning structures which are damaged or destroyed
so as to require substantial improvement shall be repaired or restored in confonnance with
all applicable provisions of the current Monroe County Code. Substantial improvement or
reconstruction of non-confonning single-family homes shall comply with the setback
provisions of the Monroe County Land Development Regulations except where strict
compliance would result in a reduction in lot coverage as compared to the pre-destruction
footprint of the house. In such cases, the maximum shoreline setback shall be maintained
and in no event, shall the shoreline setback be less than ten (10) feet from mean height
water.
Policy 101.8.11
Existing manufactured homes which are damaged or destroyed so as to require
substantial improvement shall be required to meet the most recent HUD standards, and
the floodplain management standards set forth by FEMA.
Policy 101.8.12
If a non-confonning structure is abandoned, then such structure shall be removed or
converted to a confonning structure.
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Monitoring and Evaluation Procedures Adoption Date: June 29,2010 5-35
Obiective 101.9
Monroe County shall provide for drainage and stormwater management so as to protect real and
personal property and to protect and improve water quality. [9J-5.006(3Xb)4]
Policy 101.9.1
Upon adoption of the Comprehensive Plan, Monroe County shall adopt and implement
the level of service standards for stormwater management established in Drainage Policy
1001.1.1. These level of service standards ensure that at the time a development permit
is issued, adequate stormwater management facilities are available to support the
development concurrent with the impacts of such development. (See Drainage Objective
1001.1 and related policies.) [9J-5.006(3X c)4]
Policy 101.9.2
By January 4, 1997, Monroe County shall adopt a Stormwater Management Ordinance.
This ordinance shall require that all improvements for replacement, expansion or increase
in capacity of drainage facilities conform with the adopted level of service standards for
new development. (See Drainage Objective 1001.1 and related policies.) [9J-
5.006(3Xc)4]
Policy 101.9.3
Monroe County shall maintain a five-year schedule of capital improvement needs for
drainage facilities as part of the Capital Improvement Program. This schedule shall be
updated annually. (See Drainage Objective 1001.2 and related policies.) [9J-5.006(3Xc)4]
Policy 101.9.4
The County shall use the adopted Stormwater Management Master Plan as a guide for
stormwater management to protect personal property and to protect and improve water
quality.
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Monitoring and Evaluation Procedures Adoption Date: June 29,2010 5-36
Obiective 101.10
Monroe County shall work cooperatively with Dade County to encourage land use planning and
development controls which shall protect the recharge area of the Florida City Wellfield from
potential sources of groundwater contamination. [9J-5.006(3Xb)4]
Policy 101.10.1
Protection of the Florida City Wellfield shall be accomplished through continued
implementation of the Dade County Wellfield Protection Ordinance and the water supply
policies of the SFWMD. [9J-5.006(3Xc)6]
Policy 101.10.2
By January 4, 1998, Monroe County shall seek an interlocal agreement with Dade County.
This agreement shall provide Monroe County with an opportunity to comment on land use
and regulatory issues related to the Florida City Wellfield, aquifer and aquifer recharge
area. It shall set forth procedures for review of land use and regulatory activities identified
as having potentially significant impacts on the aquifer recharge and water supply
systems. Criteria for determination of significant impacts shall be induded in the interlocal
agreement [9J-5.006(3Xc)6]
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Monitoring and Evaluation Procedures Adoption Date: June 29. 2010 5-37
Obiective 101.11
Monroe County shall implement measures to direct future growth away from environmentally
sensitive land and towards established development areas served by existing public facilities. [9J-
5.006(3Xb)4 and 7]
Policy 101.11.1
By January 4, 1997, Monroe County shall adopt Land Development Regulations which
establish a Point System to encourage a compact pattern of development (See Objective
101.5 and supporting policies).
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Monitoring and Evaluation Procedures Adoption Date: June 29,2010 5-38
Obiective 101.12
Monroe County shall ensure that sufficient acreage is available for utilities and public facilities,
including education and public health facilities, required to support proposed development and
redevelopment. [9J-5.006(3Xb)8]
Policy 101.12.1
By January 4, 1997, Monroe County shall adopt a Concurrency Management System in
accordance with Policy 1401.4.5 of the Capital Improvements Element to ensure that
facilities required to provide utility services to new development in order to maintain
adopted LOS standards are authorized at the same time that new development is
authorized. [9J-5.006(3Xc)3]
Policy 101.12.2
Monroe County shall, on an annual basis during the preparation of the Concurrency
Management Report, ooordinate with the Municipal Services District, the Florida Keys
Aqueduct Authority, City Electric System and the Florida Keys Electric Cooperative to
determine the acreage and location of land needed to accommodate projected service
expansions. [9J-5.006(3X c)3]
Policy 101.12.3
Monroe County shall, on an annual basis during the preparation of the Concurrency
Management Report, ooordinate with the Monroe County School Board, Fire Marshall and
Sheriffs Department to identify potential acquisition sites required to accommodate
projected expansions in education and public service facilities. [9J-5.006(3Xc)3]
Policy 101.12.4
Monroe County shall require that the following analyses be undertaken prior to
finalizing plans for the siting of any new or the significant expansion (greater than
25 percent) of any existing public facility:
1. assessment of needs;
2. evaluation of alternative sites and design alternatives for the alternative
sites; and,
3. assessment of direct and secondary impacts on surrounding land uses
and natural resources.
The assessment of impacts on surrounding land uses and natural resources will
evaluate the extent to which the proposed public facility involves public
expenditures in the coastal high hazard area and within environmentally sensitive
areas, including disturbed salt marsh and buttonwood wetlands, undisturbed
beach berm areas, units of the Coastal Barrier Resources System, undisturbed
uplands (particularly high quality hammock and pinelands), habitats of species
considered to be threatened or endangered by the state and/or federal
governments, offshore islands, and designated Tier I areas.
Except for passive recreational facilities on publicly-owned land, no new public
community or utility facility other than water distribution and sewer collection lines
or pump/vacuum/lift stations shall be allowed within Tier I designated areas or
Tier III Special Protection Area unless it can be accomplished without clearing of
hammock or pinelands. Exceptions to this requirement may be made to protect
the public health, safety, and welfare, if all the following criteria are met:
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-39
1. No reasonable alternatives exist to the proposed location; and
2. The proposed location is approved by a supermajority of the Board of County
Commissioners.
The site of the Key Largo Wastewater Treatment Facility (located at mile marker
100.5) with an allowed clearing of up to 4.2 acres shall not be subject to this
policy.
Policy 101.12.5
Monroe County shall coordinate the siting of new public facilities with the appropriate local,
state and federal agencies to resolve potential regulatory conflicts and ensure compliance
with all applicable state and federal regulations. [9J-5.006(3Xc)2 and 6]
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Obiective 101.13
Monroe County shall adopt innovative Land Development Regulations which implement the
Goals, Objectives and Policies of the Comprehensive Plan. Such regulations shall include a
Permit Allocation System for residential and non-residential development and revisions to the
existing Transferable Development Rights (TDR) regulations to address existing deficiencies in the
TDR program. [9J-5.006(b)9]
Policy 101.13.1
By January 4, 1997, Monroe County shall adopt Land Development Regulations which
establish a Permit Allocation and Point System for new residential and non-residential
development (See Policies 101.2.1, 101.3.1, and 101.5.1).
Policy 101.13.2
By January 4, 1998, Monroe County shall evaluate the existing TDR program and adopt
Land Development Regulations which address identified deficiencies in the program. The
following issues shall be considered in evaluating the program:
1. revision to the current tax policy whereby owners of sites which have transferred
development rights continue to pay taxes on such rights until development orders
have been issued for the transferred rights at the receiver sites;
2. establishment of criteria for designation of sender and receiver sites based upon
factors such as the environmental characteristics of the land;
3. establishment of mechanisms to enhance the value and marketability of TDRs
such as assigning density bonuses to receiver sites;
4. clarification of the status of sites which have transferred development rights,
including the possible requirements that sender sites be dedicated as public or
private open space through conservation easement or other mechanism. At a
minimum, the LDRs shall be revised to require that a restrictive covenant be
recorded on the sender site deed at the time of the Allocation Award for the Permit
Allocation System; and
5. establishment of a management and accounting system to tract TDRS
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-40
Policy 101.13.3
The Maximum Net Density is the maximum density allowable with the use of TDRs, and
shall not exceed the maximum densities established in this plan. The assignment of TDRs
to Big Pine Key, No Name Key. and North Key Largo from other areas of the County shall
be prohibited.
Policy 101.13.4
In conjunction with the evaluation of the existing TDR program pursuant to Policy
101.13.2, parcels within the following habitats and land use districts shall be designated as
sender sites for Transferable Development Rights (TDRs):
Any parcel within these zoning categories:
Offshore Island (OS) Sparsely Settled (55)
Main land Native (MN) Parks and Refuge (PR)
Native (NA) Conservation (C)
Habitat of the following types which lie within any zoning category:
Freshwater wetlands
Sal1marsh/Buttonwood wetlands
High quality high hammock
High quality low hammock
Moderate quality high hammock
Moderate quality low hammock
High quality pinelands
Low quality pinelands
Beach/benn
Palm Hammock
Cactus Hammock
Disturbed Wetlands
Policy 101.13.5
In conjunction with the evaluation of the TDR program pursuant to Policy 101.13.2 and no
later than one year from the date when the County's Geographic Infonnation System is
fully functional, Monroe County shall map potential TDR sender and receiver sites as
specified in Policy 101.13.4, and shall map parcels from which development rights have
been transferred. These maps shall be updated as necessary and made available to
Growth Management staff and public for use in the development review process.
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Monitoring and Evaluation Procedures Adoption Date: June 29,2010 5-41
Obiective 101.14
By January 4, 1997, Monroe County shall adopt Land Development Regulations which direct
future growth away from areas subject to periodic flooding.
Policy 101.14.1
Monroe County shall discourage developments proposed within the Coastal High Hazard
Area (CHHA) [9J-5.006(3)(c)1]
Policy 101.14.2
Monroe County shall prohibit the placement of mobile homes within the CHHA except on
an approved lot within an existing mobile home park or subdivision zoned for such use.
[9J-5.012(3)( c)3]
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Monitoring and Evaluation Procedures Adoption Date: June 29. 2010 5-42
Obiective 101.15
Monroe County shall enforce and update the existing Sign Ordinance in order to maintain and
improve the visual character of the County and protect adjacent land uses.
Policy 101.15.1
By January 4, 1998, Monroe County shall complete an evaluation of the existing Sign
Ordinance and adopt revisions to the Land Development Regulations required to correct
identified deficiencies and eliminate non-confonning signage conditions. [9J-5.006(3Xc)1]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-43
Obiective 101.16
By January 4, 1998, Monroe County shall adopt guidelines and criteria consistent with nationally
recognized standards and tailored to local conditions which provide for safe and convenient on-site
traffic flow, adequate pedestrian ways and sidewalks, and sufficient on-site parking for both
motorized and non-motorized vehicles.
Policy 101.16.1
By January 4, 1998, Monroe County shall adopt Land Development Regulations which
provide for safe and convenient on-site traffic flow, adequate pedestrian ways and
sidewalks, and sufficient on-site parking for both motorized and non-motorized vehicles.
[9J-5.006(3)( c)4]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-44
Obiective 101.17
Monroe County shall create and maintain a County Geographic Information System (GIS) to
provide an up-to-date database for use in implementing the ,goals, objectives and policies of the
Comprehensive Plan.
Policy 101.17.1
By January 4, 1997, the Monroe County Growth Management staff shall create an up-to-
date socioeconomic and physical database linked to the County Geographic Information
System (GIS) for use in managing future land use. The database shall incorporate 1990
Census information.
Policy 101.17.2
The Monroe County Growth Management staff shall, on a quarterly basis, update the GIS
and associated databases to incorporate new or updated information such as
development activity, zoning changes, updated Census data, new natural resource
information, etc.
Policy 101.17.3
Monroe County shall continue to share data with the Florida Keys Aqueduct Authority, City
Electric System, South Florida Water Management District, and other agencies for use in
GIS applications.
Policy 101.17.4
The Monroe County Growth Management Division shall coordinate with the Property
Appraiser's Office to ensure existing land uses and densities and intensities of use are
accurately reflected in the County's database.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-45
Obiective 101.18
Monroe County hereby adopts the following procedures and criteria for the determination of vested
rights and beneficial use and for the effect of such determinations.
Policy 101.18.1
A determination of vested rights and beneficial use shall require:
1. appointment of a hearing officer who shall give notice, schedule, and conduct a
public hearing on the application;
2. the preparation of a proposed Determination including findings of fact and
conclusions of law which shall be submitted to the Board of County
Commissioners; and
3. a final Determination that shall specify the development rights that are vested or
the beneficial use to which the landowner is entitled, including:
a) the geographic scope of the Determination in relation to the total area of
the development site;
b) the duration of the Determination and an expiration date;
c) the substantive scope of the Determination, including, but not limited to,
whether the development is vested for density, concurrency, and building
permit allocation;
d) the applicability of existing and future County land development
regulations;
e) verification that construction timely commences and quarterty reporting
requirements to ensure that the development is continuing in good faith;
and
f) such other limitations and conditions necessary to assure compliance with
the Comprehensive Plan.
Policy 101.18.2
1. Property owners shall have one (1) year from the effective date of the
Comprehensive Plan to apply for a determination of vested rights.
2. A determination of vested rights shall be based upon one or more valid, unexpired
permits or approvals issued by Monroe County prior to the effective date of this
Comprehensive Plan. The determination of vested rights shall be limited to the
development expressly contemplated by said permits or approvals and to those
aspects of development which meet the standards and criteria of subsection 2 of
this Policy.
3. The applicant for a vested rights determination shall have the burden of proving
that:
a) the applicant has reasonably relied upon an official act by the County. For
the purposes of a vested rights determination pursuant to this
Comprehensive Plan, any of the following may constitute an official act:
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-46
(1 ) one or more valid, unexpired permits or approvals issued by
Monroe County, provided that the zoning or land use designation
of property shall not be deemed to constitute a permit or approval
for the purpose of a determination of vested rights; or
(2) a subdivision plat recorded in the official records of Monroe
County which fulfills the criteria established in Section 380.0S( 18),
F.S.; or
(3) an unexpired determination of vested rights granted by the
County in accordance with Section 9.5-181 through 9.5-184 of
the Monroe County Land Development Regulations in effect as of
September 15, 1986; or
(4) a valid, unexpired building permit issued prior to the effective date
of this Comprehensive Plan; and
b) the applicant acting in good faith, has made such a substantial change of
position or has incurred such extensive obligations and expenses that it
would be highly inequitable or unjust to affect such rights by requiring the
applicant to now conform to the comprehensive plan and land
development regulations. Substantial changes of position or expenditures
incurred prior to the official County act upon which the vested rights claim
is based shall not be considered in making the vested rights
determination; and
c) that the development has commenced and has continued in good faith
without substantial intelTUption.
4. From and after the effective date of this Comprehensive Plan, landowners with a
valid, unexpired Development of Regional Impact approval granted by the
County shall be vested, but only with respect to the portion of the
Development of Regional Impact expressly covered by such approval.
Policy 101.18.3
A vested rights determination shall not preclude the County from subjecting the proposed
development to County land development regulations in effect on the date of the vested
rights determination or adopted subsequent to the vested rights determination unless the
development is shown to be vested with regard to the subject matter addressed by a prior
development order and the specific requirements pursuant to the procedures and criteria
of 101.18.1 and 101.18.2.
Policy 101.18.4
A vested rights determination shall specify an expiration date by which all building permits
necessary for development shall have been issued. The expiration date shall be
reasonable and in no event later than the date specified in the original development order.
Policy 101.18.5
1. It is the policy of Monroe County that neither the provisions of this Comprehensive
Plan nor the Land Development Regulations shall deprive a property owner of all
reasonable economic use of a parcel of real property which is a lot or parcel of
record as of the date of adoption of this Comprehensive Plan. Accordingly,
Monroe County shall adopt a beneficial use procedure under which an owner of
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-47
real property may apply for relief from the literal application of applicable land use
regulations or of this plan when such application would have the effect of denying
all economically reasonable use of that property unless such deprivation is shown
to be necessary to prevent a nuisance or to protect the health, safety and welfare
of its citizens under Florida Law. For the purpose of this policy, all reasonable
economic use shall mean the minimum use of the property necessary to avoid a
taking within a reasonable period of time as established by current land use case
law.
2. The relief to which an owner shall be entitled may be provided through the use of
one or a combination of the following:
a) granting of a permit for development which shall be deducted from the
Permit Allocation System;
b) granting of use of transferable development rights (TORs);
c) Government purchase of all or a portion of the lots or parcels upon which
all beneficial use is prohibited. This alternative shall be the preferred
alternative when beneficial use has been deprived by application of
Division 8 of the Land Development Regulations;
d) such other relief as the County may deem appropriate and adequate.
The relief granted shall be the minimum necessary to avoid a "taking" of the
property under state and federal law.
3. Development approved pursuant to a beneficial use determination shall be
consistent with all other objectives and policies of the Comprehensive Plan and
Land Development Regulations unless specifically exempted from such
requirements in the final beneficial use determination.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-48
Obiective 101.19
Monroe County recognizes that there presently exists a significant excess of platted residential
subdivision lots relative to the County's carrying capacity based upon hurricane evacuation, traffic
circulation, water quality and marine resources, and other level of service standards. The County
further recognizes that lot owners who are unaware that they will be subject to the
County's land development regulations may have unrealistic expectations concerning their ability
to receive building permits. In order to avoid, to the extent possible, further unrealistic development
expectations, Monroe County shall not approve a preliminary or final plat unless development of
the plat would meet all of the requirements of Monroe County's land development regulations
including, but not limited to, minimum area requirements for a single-family residence. Under no
circumstances shall Monroe County approve a plat which creates an unbuildable lot.
Policy 101.19.1
The County shall not approve plats for residential use unless a review of the proposed plat
sholJllS that the plat will meet all requirements of the comprehensive plan and land
development regulations. [9J-5.006(3Xc)1]
Policy 101.19.2
Monroe County shall require that, upon approval, all plats include the following notice:
NOTICE TO LOT PURCHASERS AND ALL OTHER CONCERNED INDIVIDUALS
Purchase of a platted lot shown hereon confers no right to build any structure on such lot
nor to use the lot for any particular purpose, nor to develop the lot. The development or
use of each lot is subject to, and restricted by, the goals, objectives, and policies of the
adopted comprehensive plan and land development regulations implementing the plan;
therefore, no building permits shall be issued by the County unless the proposed
development complies with the comprehensive plan and land development regulations.
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Monitoring and Evaluation Procedures Adoption Date: June 29. 2010 5-49
Obiective 101.20
Monroe County shall address local community needs while balancing the needs of all Monroe
County communities. These efforts shall focus on the human crafted environment and shall be
undertaken through the Livable CommuniKeys Planning Program.
Policy 101.20.1
Monroe County shall develop a series of Community Master Plans. Master Plans will be
developed in accordance with the following principles:
1. Each Community Master Plan will contain a framework for future development
and redevelopment including the designation of growth boundaries and future
acquisition areas for public spaces and environmental conservation;
2. Each Community Master Plan will include an Implementation Strategy composed
of action items, an implementation schedule, and a monitoring mechanism to
provide accountability to communities;
3. Each Community Master Plan will be consistent with existing Federal and State
requirements and overall goals of the 2010 Comprehensive Plan to ensure legal
requirements are met While consistency with the goals of the 2010
Comprehensive Plan is paramount the 2010 Plan will be updated and amended
where appropriate;
4. Each Community Master Plan will be closely coordinated with other community
plans and other jurisdictions to ensure development or redevelopment activities
will not adversely impact those areas;
5. Each Community Master Plan will include appropriate mechanisms allowing
citizens continued oversight and involvement in the implementation of their plans.
Through the Community Master Plans, programs for ongoing public involvement
outreach, and education will be developed;
6. Each Community Master Plan will include a Capital Improvements program to
provide certainty that the provision of public facilities will be concurrent with future
development;
7. Each Community Master Plan will contain an environmental protection element to
maintain existing high levels of environmental protection as required in the 2010
Comprehensive Plan;
8. Each Community Master Plan will include a community character element that will
address the protection and enhancement of existing residential areas and the
preservation of community character through site and building guidelines. Design
guidelines for public spaces, landscaping, streetscaping, buildings, parking lots,
and other areas will be developed through collaborative efforts of citizens, the
Planning Department, and design professionals reinforcing the character of the
local community context;
9. Each Community Master will include an economic development element
addressing current and potential diversified economic development strategies
including tourism management The preservation and retention of valued local
businesses, existing economies, and the development of economic alternatives
will be encouraged through the process;
10. Each Community Master Plan will contain a Transportation Element addressing
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-50
transportation needs and possibilities including circulation, safe and convenient
access to goods and services, and transportation altematives that will be
consistent with the overall integrity of the transportation system not resulting in
negative consequences for other communities; and
11. Each Community Master Plan will be based on knowledge of existing conditions
in each community. The Planning Department will compile existing reports,
databases, maps, field data, and information from other sources supplemented by
community input to document current conditions; and
12. Each Community Master Plan will simplify the planning process providing clarity
and certainty for citizens, developers, and local officials by providing a transparent
framework for a continuing open dialogue with different participants involved in
planning issues.
Policy 101.20.2
The Community Master Plans shall be incorporated into the 2010 Comprehensive Plan as
a part of the plan and be implemented as part of the Comprehensive Plan. The following
Community Master Plans have been completed in accordance with the principles outlined
in this section and adopted by the Board of County Commissioners:
1. Master Plan for Future Development of Big Pine Key and No Name Key, dated
August 2004 and adopted by the Board of County Commissioners on August 18,
2004 is incorporated by reference into the 2010 Comprehensive Plan. The term
Strategies in the Master Plan is equivalent to the term Objectives in the
Comprehensive Plan and the term Action Item is equivalent to the term Policy; the
meanings and requirements for implementation are synonymous.
2. The Livable CommuniKeys Master Plan for Tavemier Creek to Mile Marker 97 dated
February 11, 2005 and adopted by the Board of County Commissioners on February
16,2005 is incorporated by reference into the 2010 Comprehensive Plan. The term
Strategies in the Master Plan is equivalent to the term Objective in the Comprehensive
Plan and the term Action Item is equivalent to the term Policy; the meanings and
requirements for implementation are synonymous.
3. The Stock IslandlKey Haven Livable CommuniKeys Plan Volume I is incorporated by
reference into the 2010 Comprehensive Plan. The term Strategies in this Master Plan
is equivalent to the term Objectives in the Comprehensive Plan and the term Action
Item is equivalent to the term Policy; the meanings and requirements for
implementation are synonymous.
4. Volume Two (2) of the Stock Island and Key Haven Livable CommuniKeys Master
Plan titled Harbor Preservation/Redevelopment and Corridor Enhancement Plan
dated November 2005 and incorporated by reference into the 2010 Comprehensive
Plan. The term Strategies in this Master Plan is equivalent to the term Objectives in
the Comprehensive Plan and the term Action Item is equivalent to the term Policy; the
meanings and requirements for implementation are synonymous.
5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into
the 2010 Comprehensive Plan. The term Strategies in the Master Plan is equivalent to
the term Objectives in the Comprehensive Plan and the term Action Item is equivalent
to the term Policy; the meanings and requirements for implementation are
synonymous.
Monitoring and Evaluation Procedures Adoption Date: June 29,2010 5-51
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-52
GOAL 102
Monroe County shall direct future growth to lands which are intrinsically most suitable for
development and shall enoourage oonservation and protection of environmentally sensitive lands.
[9J-5.006(3)(a)]
Obiective 102.1
Upon adoption of the Comprehensive Plan, Monroe County shall require new development to
oomply with environmental standards and environmental design criteria which will protect disturbed
wetlands, native upland vegetation and beachlberm areas. [9J-5.006(3Xb)1 and 4]
Policy 102.1.1
The County shall protect submerged lands and wetlands. The open space requirement
shall be one hundred (100) percent of the following types of wetlands:
1. submerged lands 2. mangroves 3. satt ponds 4. fresh water wetlands
5. fresh water ponds 6. undisturbed salt marsh and buttonwood wetlands
Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and
undisturbed satt marsh and buttonwood wetlands only for use as transferable
development rights away from these habitats. Submerged lands, satt ponds, freshwater
ponds, and mangroves shall not be assigned any density or intensity. [9J-5.006(3) (c) 1
and 6]
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Monitoring and Evaluation Procedures Adoption Date: June 29. 2010 5-53
Obiective 102.2
Upon adoption of the Comprehensive Plan, Monroe County shall adopt revisions to the
Environmental Standards (Section 9.5-335) and Environmental Design Criteria (Section 9.5-345)
of the Land Development Regulations. These revisions will require new development to further
protect disturbed wetlandsJ native upland vegetation and beach/berm areas. [9J-5.006(3Xb)1 and
4]
Policy 102.2.1
Monroe County shall adopt revised environmental standards and environmental design
criteria as indicated in Conservation and Coastal Management Policy 204.2.6. These
revised standards and criteria will eliminate the net loss of disturbed wetlands. Where
possible, on-site mitigation shall be required in order to offset any loss of disturbed
wetlands by requiring revegetation of an area equal or greater in size than the area
proposed for fill. If on-site mitigation is not possible, restoration fees shall be paid pursuant
to a wetlands restoration fund. [9J-5.006(3Xc)1 and 6; also see Policy 204.3.1 and
204.3.4]
Policy 102.2.2
Monroe County shall adopt revised environmental standards and environmental design
criteria as indicated in policies adopted pursuant to Conservation and Coastal
Management Objective 205.2. These revised standards and criteria will protect native
upland vegetation and promote restoration of habitat values of native upland communities,
induding hardwood hammocks and pinelands. [9J-5.006(3Xc)6]
Policy 102.2.3
Monroe County shall adopt revised environmental standards and environmental design
criteria as indicated in policies adopted pursuant to Conservation and Coastal
Management Objective 206.1. These revised standards and criteria will protect
beach/berm resources. They will address permitted uses, siting of structures,
disturbances, removal of invasive vegetation, and restoration of native vegetation in
beach/berm areas. [9J-5.006(3Xc)1 and 6]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-54
Obiective 102.3
By January 4, 1997, Monroe County shall adopt Land Development Regulations which will direct
new development to areas having appropriate topography and soil conditions and to where site
disturbance and man's activities will have fewer adverse effects on natural vegetation, terrestrial
wildlife, natural landforms and marine resources. [9J-5.006(3Xb)1 and 4]
Policy 102.3.1
The Permit Allocation System (See Future Land Use Objectives 101.2 through 101.4 and
related policies) shall have the following environmental protection goals:
1. to reduce the exposure of residents to natural hazards;
2. to reduce disturbances to natural vegetation resource areas;
3. to reduce disturbances to terrestrial wildlife resources areas;
4. to reduce impacts of new development on nearshore waters;
5. to protect environmentally sensitive lands appropriate for conservation and
resource protection;
6. to encourage infill development where existing lands are already substantially
developed, served by complete infrastructure facilities and within close proximity to
established commercial areas and have few sensitive or significant environmental
features;
7. to ensure that the ecological integrity of natural areas is protected when land is
developed; and
8. to reduce adverse impacts on endangered and threatened species.
Accordingly, the Point System, which shall be used as the basis for the annual allocation of
permits, shall assign negative and/or positive points to development applications that help
to achieve the above environmental protection goals. (See Future Land Use Objective
101.5 and related policies for a list of positive and negative factors to be included in the
Permit Allocation System.) [9J-5.006(3Xc)1 and 6]
Policy 102.3.2
Monroe County shall require development clustering so as to avoid impacts on sensitive
habitats and to provide for the preservation of all required open space in a contiguous,
non-fragmented condition by requiring the following:
1. when a parcel proposed for development contains more than one (1) habitat type,
all development shall be clustered on the least sensitive portion(s) of the parcel (as
is currently required): and
2. development permitted on the least sensitive portion(s) of a parcel shall be
clustered within that portion( s) of the parcel. (See Conservation and Coastal
Management Policy 205.2.3). [9J-5.013(2X c)3]
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Monitoring and Evaluation Procedures Adoption Date: June 29. 2010 5-55
Obiective 102.4
Monroe County in cooperation with the state and other acquisition agencies shall prepare a Land
Acquisition Master Plan by July 1, 2005 containing a strategy for securing funding, and a
determination of those sources considered appropriate for acquisition and management of
conservation lands, retirement of development rights and identification and purchase of sites for
affordable and employee housing and recreational purposes. Acquisition priorities should be
consistent with the tiered system adopted by this plan and as required by the State Work Program
in Policy 101.2.13 in order to identify lands appropriate for voluntary purchase consistent with the
comprehensive plan policies. [9J-5.006(3Xb)4, 10 and 9J-5.010(2Xc)3]
Policy 102.4. 1
The Monroe County Land Acquisition Master Plan shall be developed and implemented
by the Growth Management Division, in cooperation with the Monroe County Land
Authority, FDEp, FDCA, FWC, USFWS and other responsible federal and state agencies.
[9J-5.006(3Xc)4 and 6]
Policy 102.4.2
The Land Authority and the Growth Management Division shall identify the types of lands
which shall be considered for acquisition. These shall include, at a minimum:
1. designated lier I (Natural Areas) lands as defined in Policy 105.2.1.1, which shall
include all contiguous hammock or pineland areas above four acres in area;
2. restoration areas between fragmented hammocks to increase the contiguous
hammock size and buffers where appropriate and lands containing naturally
occurring and native habitats;
3. fresh water wetlands, and undisturbed salt marsh, and buttonwood
wetlands that are required open space under Policy 102.1.1;
4. patches of upland native vegetation of one acre or greater in area in Tier
III, designated as Special Protection Areas, that provide habitat for small
birds and animals and contribute to the quality of the neighborhoods;
5. lands containing unique geologic features;
6. lands whose conservation would enhance or protect water quality or would protect
fish or wildlife habitat which cannot be adequately protected through local, state
and federal regulatory programs;
7. lands in Tier '" for employee and affordable housing that do not involve
the clearing of any upland native vegetation contained within a patch of
one acre or greater;
8. lands which can be used, without adverse impacts on natural resources, for
community and neighborhood parks and/or public beaches water access;;
9. lands which offer the opportunity for preservation of significant
archaeological or historical sites; and
10. lands with habitat value on Big Pine Key and No Name Key to meet mitigation
requirements of the Big Pine Key and No Name Key Habitat Conservation Plan
[9J-5.0006(3Xc)4 and 6]
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-56
Policy 102.4.3
The Land Authority and Growth Management Division shall develop a priority list of
acquisition sites. This list shall be updated annually with public input. In formulating this
list, the County shall prioritize lier I lands over Tier " (Big Pine Key and No Name Key) and
lier '" lands. Outside the boundaries of lier I, land with fragmented hammocks or
pinelands of greater than one-acre in area and wetlands identified in Policy 102.4.2, 2 shall
be the second highest priority for acquisition. Acquisition of land for affordable housing in
lier '" that does not involve any clearing within an upland tropical hammock or pineland of
one acre or greater in area shall also be a top priority. [9J-5.006(3Xc)4 and 6]
Policy 102.4.4
The Monroe County Land Acquisition Master Plan shall contain an acquisition financing
plan which identifies sources of funding for acquisition of lands on the Priority Ust. Land
acquisition will be a coordinated effort between the state and federal governments and the
County. The County shall petition the state and federal govemment to accept primary
responsibility for acquisition of lier I, conservation and natural lands. The County shall be
responsible for purchases in lier II (Big Pine Key and Nd Name Key) and in lier III of
wetlands and fragmented hammock or pineland areas of one-acre or greater. Land
acquisition for other priorities depends upon funding availability, need and future use.
[9J-5.006(3Xc)4 and 6]
Policy 102.4.5
An intergovernmental organization and management structure shall be developed to
implement the expanded acquisition program, including representatives of the Growth
Management Division, Land Authority, municipalities and state and federal agencies. [9J-
5.006(3Xc)4 and 6]
Policy 102.4.6
The Monroe County Land Acquisition Master Plan shall contain policies to direct the
overall acquisition program, criteria to follow when setting priorities for acquisition and a
framework for the acquisition process and the sharing of responsibilities. At a minimum the
plan shall include the following:
1. Environmental protection, density reduction and passive recreation:
a) public acquisition, ownership and maintenance will be the preferred
option for lier I lands and for clusters of undisturbed wetland and tropical
hardwood hammock, or pineland patches of one acre or greater in size in
Tier II (Big Pine and No Name Key) and lier III;
b) buy/sell back to the adjacent property owner's option will be followed in
lier II, where sprawl and density reduction and mitigation requirements of
the Habitat Conservation Plan for Big Pine Key and No Name Key are the
prime impetus for land purchase. A higher priority for acquisition will be
given to those parcels in lier " (Big Pine and No Name Key) with
neighboring properties owners or communities who want to partner with
the county to purchase the lots and take responsibility for maintenance
and protection of any areas of native vegetation;
c) purchased lands that can also provide needed recreational opportunities
will be identified in coordination with the Parks and Recreation Board and
a plan for utilization developed;
d) non-purchase options will also be explored and specific
recommendations included;
e) criteria for the ranking of land acquisitions within the different priority areas
will include 1) the size and the location of the property and surrounding
land uses including management status, 2) minimization of the edge to
Monitoring and Evaluation Procedures Adoption Date: June 29,2010 5-57
area ratio of parcels by combining lots for acquisition, 3) potential for
successful reclamation if within a larger, better hammock quality area, and
4) maintenance costs for isolated parcels.
2. Affordable and employee housing:
a) parcels in lier III suitable for the development or redevelopment of six or more
residential units will be identified and prioritized for acquisition;
b) priority for acquisition will be given to projects that are ready to proceed with
ROGO allocations available;
c) publidprivatelnon-profit partnerships and/or agreements will be utilized to
develop the site and maintain the affordability of residential units in perpetuity.
Policy 102.4.7
Lands acquired through the Monroe County Land Acquisition Program shall be managed
to restore, preserve, and protect the conservation, recreation, density reduction and
affordability purposes for which the lands were acquired. (See Recreation and Open
Space Objective 1201.11 and related policies.) [9J-5.006(3Xc)4and 6]
Obiective 102.5
Monroe County shall develop and implement a water quality protection program. This program
shall address existing sources of water pollution in nearshore waters of the Florida Keys. It shall
be undertaken in cooperation with EPA, DER, SFWMD, and NOM and shall be part of the
Florida Keys National Marine Sanctuary. [9J-5.006(3Xb)4]
Policy 102.5.1
Monroe County shall develop and implement permitting, inspection, and enforcement
procedures designed to reduce pollutant discharges into ground and surface waters from:
1. on-site disposal systems (by January 4, 1998) (See Sanitary Sewer Goal 901 and
related objectives and policies);
2. secondary sewage treatment plants and injection wells (by January 4, 1998) (See
Sanitary Sewer Goal 901 and related objectives and policies);
3. moored/anchored vessels (Iiveaboards) in near-shore waters (by January 4,
1998) (See Conservation and Coastal Management Objective 202.4 and related
policies);
4. marinas and fueling facilities (by January 4, 1998) (See Conservation and Coastal
Management Element Objective 202.5 and related policies); and
5. stormwater runoff (by January 4, 1997) (See Drainage Goal 1001 and related
objectives and policies). [9J-5.006(3)(c)4 and 6]
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Policy 102.5.3
By January 4, 1998, Monroe County shall develop and implement a boating impacts
management program designed to reduce adverse impacts on water quality and living
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-58
marine resources associated with recreational boating. (See Conservation and Coastal
Management Objective 203.6 and related policies.) [9J-5.006(3Xc)4 and 6]
Policy 102.5.4
By January 4, 1997, Monroe County shall adopt revisions to the Monroe County Land
Development Regulations which will implement county policies controlling pollutant
discharges into surface waters from dredge and fill activities. (See Conservation and
Coastal Management Objective 202.8 and related policies.) [9J-5.006(3Xc)4 and 6]
Policy 102.5.6
By January 4, 1998, Monroe County shall take actions to promote mosquito control
techniques which will reduce the entry of pollutants from aerial pesticide applications into
ground and surface waters in concert with ongoing efforts of EPA and the Florida Keys
National Marine Sanctuary. (See Conservation and Coastal Management Objective
202.11 and related policies.) [9J-5.006(3Xc)4 and 6]
Policy 102.5.7
Monroe County shall support and encourage efforts by DER and HRS to continue to
undertake activities designed to reduce pollutant discharges into ground and surface
waters from aboveground and underground fuel storage tanks. (See Conservation and
Coastal Management Objective 202.12 and related policies.) [9J-5.006(3Xc)4 and 6]
Policy 102.5.8
By January 4, 1998, Monroe County shall undertake activities which support existing state
and federal laws pertaining to the handling, transportation and disposal of hazardous
wastes. (See Solid Waste Objective 801.5 and related policies.) [9J-5.006(3Xc)4 and 6]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-59
Obiective 102.6
Development of the mainland area of Monroe County shall be controlled so as to reduce public
expenditures and to preserve the wilderness state of the area, as defined under the Wildemess
Act. [9J-5.006(3Xb)4]
Policy 102.6.1
Monroe County hereby incorporates by reference the existing management plans for
Everglades National Park and Big Cypress National Preserve (U.S. Department of the
Interior, National Park Service, 1989). [9J-5.006(3Xc)6]
Policy 102.6.2
By January 4, 1997, Monroe County shall adopt Land Development Regulations
pertaining to the Mainland Native Area District which:
1. prohibit construction of any roads or canals in mainland Monroe County that
would permit new access into the mainland wildemess area or would alter the
natural flow regimes of the Everglades or Big Cypress Swamp; and
2. prohibit development that would introduce human activities or habitations into the
undisturbed portions of Everglades National Park or Big Cypress Swamp National
Preserve. [9J-5.006(3Xc)6]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-60
Obiective 102.7
Monroe County shall regulate land use activities on the islands in the surrounding waters of Florida
Bay and Hawk Channel within the legal boundaries of Monroe County. [9J-5.012(3Xb)1 and 4; 9J-
5.006(3Xb )4]
Policy 102.7.1
By January 4, 1998, Monroe County shall expand its Geographic Information System to
include the following:
1. offshore islands in the Upper, Middle and Lower Keys (in public and private
ownership);
2. upland and wetland vegetation data for offshore islands in private ownership;
3. land use data for offshore islands in private ownership; and
4. public facilities and services.
Data shall be obtained using digital information made available to Monroe County through
the Florida Advance Identification of Wetlands (ADID) Program and from the Florida Keys
National Marine Sanctuary Management Plan program. [9J-5.006(3Xc)6]
Policy 102.7.2
By January 4, 1997, Monroe County shall adopt Land Development Regulations which will
further restrict the activities permitted on offshore islands. These shall include the
following:
1. development shall be prohibited on offshore islands (including spoil islands) which
have been documented as an established bird rookery or nesting area (See
Conservation and Coastal Managerrlent Policy 207.1.3.);
2. campgrounds and marinas shall not be permitted on offshore islands;
3. new mining pits shall be prohibited on offshore islands;
4. permitted uses by-right on islands (which are not bird rookeries) shall include
detached residential dwellings, camping (for the personal use of the owner of the
property on a temporary basis), beekeeping, accessory uses, and home
occupations (subject to a special use permit requiring a public hearing);
5. temporary primitive camping by the owner, in which no land clearing or other
alteration of the island occurs, shall be the only use of an offshore island which
may occur without necessity of a permit;
6. the use of any motorized vehicles induding, but not limited to, trucks, carts, buses,
motorcycles, all-terrain vehicles and golf carts shall be prohibited on existing
undeveloped offshore islands;
7. planting with native vegetation shall be encouraged whenever possible on spoil
islands; and
8. public facilities and services shall not be extended to offshore islands. [9J-
5.006(3X c)6]
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-61
Policy 102.7.3
Monroe County shall discourage developments proposed on offshore islands by methods
including, but not limited to, designated offshore islands as lier I Lands [9J-5.006(3Xc)6]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-62
Obiective 102.8
Monroe County shall take actions to discourage private development in areas designated as units
of the Coastal Barrier Resources System. [9J-5.006(3Xb)4]
Policy 102.8.1
Monroe County shall discourage developments which are proposed in units of Coastal
Barrier Resources System (CBRS) [9J-5.006(3Xc)6]
Policy 102.8.2
Upon adoption of the Comprehensive Plan, Monroe County shall not create new access
via new bridges, new causeways, new paved roads or new commercial marinas to or on
units of the Coastal Barrier Resources System (CBRS). [9J-5.005(3X c)6]
Policy 102.8.3
By January 4, 1997, shoreline hardening structures, induding seawalls, bulkheads, groins,
rip-rap, etc., shall not be permitted along shorelines of CBRS units. [9J-5.006(3Xc)6]
Policy 102.8.4
By January 4, 1998, privately-owned undeveloped land located within the CBRS units
shall be considered for acquisition by Monroe County for conservation purposes through
the Monroe County Natural Heritage and Park Program. [9J-5.006(3Xc)6]
Policy 102.8.5
Monroe County shall efforts to discourage the extension of facilities and services provided
by the Florida Keys Aqueduct Authority and private providers of electricity and telephone
service to CBRS units. These efforts shall include providing each of the utility providers
with:
1. a map of the areas of Monroe County which are included in CBRS units;
2. a copy of the Executive Summary in Report to Congress: Coastal Barrier
Resources System published by the U.S. Department of the Interior, Coastal
Barriers Study Group, which specifies restrictions to federally subsidized
development in CBRS units;
3. Monroe County policies regarding local efforts to discourage both private and
public investment in CBRS units [9J-5.006(3Xc)6]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-63
Obiective 102.9
In cooperation with other responsible state and federal agencies, Monroe County shall complete
and implement a cooperative land management program for publicly owned lands acquired
through implementation of the Monroe County Land Acquisition Master Plan (Objective 102.2),
Goal 1 05 and the Florida Keys Carrying Capacity Study.
Policy 102.9.1
Monroe County shall discourage developments which are proposed in Tier I through the
permit allocation system and the environmental regulations. [9J-5.006(3Xc)6]
Policy 102.9.2
Monroe County, in cooperation with appropriate state and/or federal agencies, shall initiate
a planning process to develop policies to direct the over-all management program for
publicly owned native lands. Changes in policies and specific management strategies may
be modified as the program progresses, acquisitions continue and new information
becomes available through biological research or monitoring of the management units.
[9J-5.006(3X c)3]
Policy 102.9.3
In cooperation with other responsible state and federal agencies, Monroe County shall
develop organization and management plans to initiate a program for protection,
restoration and management of acquired lands. Management objectives for specific
management units will be developed in concert with state, federal and municipal land
management programs responsible for adjoining lands.
Policy 102.9.4
Management plans shall be reviewed every three years, in cooperation with the
appropriate state and/or federal agencies. Revisions to each management plan shall be
made as necessary to reflect recent land acquisitions and changing management
priorities. [9J-5.006(3Xc)6]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-64
GOAL 103
Monroe County shall implement regulations and programs to address the special environmental protection
and/or traffic circulation needs of those areas of Big Pine Key, North Key Largo, Holiday Isles and Ohio Key
formerly described as the Areas of Critical County Concern (ACCC) in the 1986 version of the
Comprehensive Plan and land Development Regulations. The Goals, Objective and Policies of this Plan
will replace the Focal Point Plans. [9J-5.006(3Xb)1 and 4]
Obiective 103.1
Monroe County shall regulate future development and coordinate the provision of public facilities
on Big Pine Key and No Name Key, consistent with the Goals, Objectives, and Policies of this
Comprehensive Plan, the Uvable CommuniKeys Master Plan and the Habitat Conservation Plan,
for Big Pine Key and No Name Key in order to:
(a) protect the Key deer (Odocoileus virainianus c1avium);
(b) preserve and enhance the habitat of the Key deer;
(c) limit the number of additional vehicular trips from other islands to Big Pine Key;
(d) maintain the rural, suburban, and open space character of Big Pine Key; and
(e) prevent and reduce adverse secondary and cumulative impacts on Key Deer.
[9J-5.006(3Xb)1 and 4]
Policy 103.1.3
Monroe County shall identify Key deer habitat areas as priority acquisition sites for
conservation purposes. Emphasis shall be placed upon acquisition of movement
corridors, sources of fresh water, and undisturbed native vegetation areas which are
located within Improved Subdivisions and which are outside of the acquisition areas
identified by the FWS (for the National Key Deer Refuge), DNR (for the Coupon Bight
CARL Project), and SFWMD (for the Big Pine Key Save Our Rivers project). Acquisition
shall be considered through the Monroe County Natural Heritage and Park Program.
(See Objective 102.4 and related policies.) [9J-5.012(3Xc)1; 9J-5.013(2Xc)5 and 6]
Policy 103.1.4
Monroe County shall support, wherever possible, the efforts of federal agencies, state
agencies, and private non-profit conservation organizations, to acquire land for
conservation purposes within habitat areas of the Key deer. [9J-5.012(3Xc)1; 9J-
5.013(2Xc)5 and 6]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-65
Policy 103.1.13
Monroe County, in conjunction with the FWS, shall implement activities to prohibit the
destruction of the federally-designated endangered Key deer and to protect its habitat by
addressing:
1. enforcement of animal control laws;
2. incorporation of management guidelines into development orders;
3. construction of fences;
4. roadside management techniques;
5. feeding laws;
6. speed limit enforcement;
7. removal of invasive plants;
8. distribution of management guidelines to private landowners;
9. attainment of Key deer management objectives; and (See Conservation and
Coastal Management Objective 207.7 and supporting policies.) [9J-5.012(3Xb)1;
9J-5.013(2Xb )6]
10. secondary and cumulative impacts by, among other things, adopting and
implementing appropriate land development regulations.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-66
Obiective 103.2
Monroe County, in coordination with the FWS, shall regulate future development and coordinate
the provision of public facilities in North Key Largo consistent with the Goals, Objectives and
Policies of this Comprehensive Plan in order to maintain the rural and open space character of
North Key Largo, as well as to preserve and enhance the habitat of four (4) species of animals
listed as endangered under the Endangered Species Act, including the American crocodile
(Crocodylus acutus), the Key Largo wood rat (Neotoma fforidana smalll), the Key Largo cotton
mouse (Peromyscus gossypinus allapaticola), and the Schaus swallowtail butterfly (Heraclides
aristodemus ponceanus). North Key Largo is defined as that portion of Key Largo Located
between the junction of State Road 905 and U.S. Highway 1 and the Dade County boundary at
Angelfish Creek. [9J-5.006(3Xb)1 and 4]
Policy 103.2.1
Monroe County shall implement methods including, but not limited to, designating known
habitat of the Schaus swallowtail butterfly as lier I. [9J-5.012(3)(c)1; 9J-5.013(2)(c)5 and 6]
Policy 103.2.3
By January 4, 1997, Monroe County shall adopt revisions to the Land Development
Regulations pertaining to development siting and clustering so as to avoid impacts on
sensitive habitats and to provide for the retention of contiguous open space by requiring
the following:
1. when a parcel proposed for development contains more than one (1) habitat type,
all development shall be clustered on the least sensitive portion(s) of the parcel (as
is currently required); and
2. development permitted on the least sensitive portion( s) of a parcel shall be
clustered within that portion(s) of the parcel. (See Conservation and Coastal
Management Policy 205.2.3.) [9J-5.013(2Xc)3]
Policy 103.2.4
Upon adoption of the Comprehensive Plan, Monroe County shall require that the following
analyses be undertaken prior to finalizing plans for the siting of any new public facilities or
the significant expansion (greater than 25 percent) of existing public facilities:
1. assessment of needs
2. evaluation of altemative sites and design altematives for the selected sites; and
3. assessment of impacts on surrounding land uses and natural resources.
The assessment of impacts on surrounding land uses and natural resources will evaluate
the extent to which the proposed public facility involves public expenditures in the coastal
high hazard area and within environmentally sensitive areas, including disturbed salt
marsh and buttonwood wetlands, undisturbed beachlberm areas, units of the Coastal
Barrier Resources System, undisturbed uplands (particularly high quality hammocks and
pinelands), habitats of species considered to be threatened or endangered by the state
and/or federal governments, offshore islands, and Conservation Land Protection Areas.
Monroe County shall require that public facilities be developed on the least
environmentally sensitive lands and shall prohibit the location of public facilities on North
Key Largo, unless no feasible alternative exists and such facilities are required to protect
the public health, safety, or welfare.
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-67
Policy 103.2.5
Monroe County shall monitor FKAA compliance with federal regulations prohibiting potable
water hookups to designated habitat areas of the American crocodile, the Key Largo wood
rat, the Key Largo cotton mouse, and the Schaus swallowtail butterfly (pursuant to FKAA
Rules Chapter 48-7). [9J-5.012(3Xc)1; 9J-5.013(2Xc)5and 6]
Policy 103.2.6
Monroe County shall implement activities to protect the habitat and prohibit the destruction
of the:
1. American crocodile (See Conservation and Coastal Management Objective 207.8
and supporting policies);
2. Schaus swallowtail butterfly (See Conservation and Coastal Management
Objective 207.10 and related policies); and
3. the Key Largo wood rat and the Key Largo cotton mouse (See Conservation and
Coastal Management Objective 207.12 and related policies.) 9J-5.012(3Xb)1; 9J-
5.013(2Xb )6]
Policy 103.2.7
Monroe County shall identify native upland habitats used by the Schaus swallowtail
butterfly and the Key Largo wood rat and the Key Largo cotton mouse as priority
acquisition sites for conservation purposes. Emphasis shall be placed upon acquisition of
native upland sites which are located within Improved Subdivisions and which are outside
of the acquisition areas identified by the FWS (for the Crocodile Lake National Wildlife
Refuge), and DNR (for the Key Largo Hammock CARL Project).
Acquisition shall be considered through the Monroe County Natural Heritage and Park
Program. (See Objective 102.4 and related policies.) [9J-5.012(3Xc)1; 9J-5.013(2Xc)5
and 6]
Policy 103.2.8
By January 4, 1998, Monroe County shall complete and implement a cooperative land
management program for private and county-owned lands located within and adjacent to
state and federal govemment-owned parks and conservation lands which are within or
affected by land uses in North Key Largo, including:
1. Crocodile Lake National Wildlife Refuge;
2. John Pennekamp Coral Reef State Park;
3. North Key Largo Hammock State Botanical Site and CARL Project; and
4. Biscayne Bay - Card Sound State Aquatic Preserve. (See Objective 102.9 and
related policies.) [9J-5.006(3)(b)4]
Policy 103.2.9
Monroe County shall support, wherever possible, the efforts of federal agencies, state
agencies, and private non-profit conservation organizations, to acquire land for
conservation purposes within North Key Largo. [9J-5.012(3Xc)1; 9J-5.013(2Xc)5 and 6]
Policy 103.2.10
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-68
Monroe County shall take immediate actions to discourage private development in areas
designated as units of the Coastal Barrier Resources System. (See Objective 102.8 and
related policies.) [9J-5.006(3Xb)4]
Policy 103.2.11
Prior to issuing a building permit or development approval, Monroe County shall require an
archaeologicaVhistorical review of the proposed development site, performed by a
qualified professional familiar with Monroe County. The review will identify the potential
development impacts on any resources present and will recommend mitigation
measures, if any.
Policy 103.2.12
Prior to issuing a building permit or development approval, Monroe County shall require
that the Monroe County Biologist visit the site of all development approval and building
permit applications within North Key Largo to assess the need for any federal or state
permits.
Policy 103.2.13
Prior to issuing a building permit or development approval, Monroe County shall require all
applicants to obtain all federal and state permits, including, but not limited to, required
permits pertaining to endangered species as required by the U.S. Fish and Wildlife Service
and the Florida Game and Fresh Water Fish Commission.
Policy 103.2.14
Monroe County, in conjunction with the FWS, shall implement activities to prohibit the
destruction of the federally-designated threatened and endangered species and to protect
its habitat by addressing:
1. enforcement of animal control laws;
2. construction of fences;
3. roadside management techniques;
4. feeding laws;
5. speed limit enforcement;
6. removal of invasive plants;
7. distribution of management guidelines to private landowners; and
8. attainment of endangered species management objectives.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-69
Obiective 103.3
Monroe County shall coordinate future development on Ohio Key to protect the habitat value and
environmental sensitivity of the wetland system on that Key that serves as habitat for a variety of
wading birds, including the piping plover (Charadrius melodius), a species listed as threatened
under the Endangered Species Act.
Policy 103.3.3
Upon adoption of the Comprehensive Plan, Monroe County shall implement methods
including, but not limited to, the Permit Allocation and Point System in order to discourage
developments which may adversely impact activities of the piping plover on their wintering
grounds (measures of adverse impact to be established by the Monroe County Biologist).
(See Policy 101.5.4) [9J-5.012(3Xc)1; 9J-5.013(2Xc)5 and 6]
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Monitoring and Evaluation Procedures Adoption Date: June 29,2010 5-70
Obiective 103A
By January 4, 1997, the Land Development Regulations will be revised to address the issues in
the focal point plans for all four ACCC designations as stipulated in Objectives 103.1 to 103.3 and
related policies.
Policy 103.4. 1
By January 4, 1997, the Land Development Regulations will be revised to eliminate the
ACCC designations from Holiday Isle, Big Pine Key, North Key Largo, and Ohio Key.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-71
GOAL 104
Monroe County shall recognize, designate, protect, and preserve its historic resources. [9J-5.006(3Xa)]
Obiective 104.1
Monroe County shall establish and maintain a comprehensive inventory of historic and
archaeological resources, including buildings, structures, districts, sites, objects, and significant
places. [9J-5.006(3Xb)4]
Policy 104.1.1
By January 4 1998, the Monroe County Growth Management Division shall establish an
inventory of all known historic and archaeological resources using information provided by
the Florida Master Site File and the Archaeological and Historical Conservancy surveys of
the Florida Keys. [9J-5.006(3Xc)8]
Policy 104.1.2
Monroe County Growth Management Division shall update the inventory of historic and
archaeological resources on an annual basis as new historic and archaeological
resources are identified. [9J-5.006(3Xc)8]
Policy 104.1.3
By January 4, 1998, Monroe County shall complete a comprehensive historic architectural
survey to inventory and document historic architectural resources. This survey shall also
identify historic housing and define the bounds of any potential historic districts such as
those preliminary identified on Conch Key, in Islamorada, and in Marathon. [9J-
5.006(3Xc)8]
Policy 104.1.4
By January 4, 1998, the Monroe County Growth Management Division, working with local
historic preservation organizations, shall complete and submit Master Site File forms to the
Slate Department of Historic Resources for any historic resources, particularly architectural
resources, which are not currently included in the Florida Master Site File. [9J-
5.006(3Xc)8]
Policy 104.1.5
By January 4, 1998, the Monroe County Growth Management Division shall develop a
computerized inventory system for compiling, updating and accessing information
pertaining to historic resources. The computerized data base shall include descriptive
information provided by the Aorida Master Site File and any National Register or Aorida
Keys Historic Register designations. Included as part of this proposed system shall be an
interface with the County's Geographic Information System to provide mapped locations of
sites listed on the National Register or Florida Keys Historic Register (See Objective 104.2
and related policies). [9J-5.006(3Xc)8]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-72
Obiective 104.2
Monroe County shall formally recognize significant historic and archaeological resources by
nominating appropriate resources on the National Register and/or the Florida Keys Historic
Register. [9J-5.006(3)(b)4]
Policy 104.2.1
Monroe County shall revise the Land Development Regulations to expand and refine the
program and procedures for protection of local historical, archaeological and cultural
resources. At a minimum, the Land Development Regulations should be expanded to:
1. establish a Florida Keys Historic Register to which landmarks of local significance
are named;
2. establish a review committee and provide for an historic/archaeological review
within the development review process;
3. list the criteria and procedure for selecting a review committee;
4. specify the development review procedure;
5. specify designation criteria for sites and structures of historical, architectural,
archaeological, and cultural significance;
6. include procedures for designation of local historic districts;
7. describe the consequences of local designation, such as restrictions on
archaeological site disturbance, and on demolition or alteration of historic
structures;
8. provide procedures for enforcement;
9. specify the penalties and/or mitigation measures for non-compliance;
10. provide for the documentation and protection of sites which are not listed as local
landmarks but are discovered through the development process or otherwise
discovered; and
11. provide incentives for the preservation and protection of local landmarks.
Policy 104.2.2
By January 4, 1998, Monroe County Growth Management Division shall prepare
documentation to nominate the following resources to the Florida Keys Historic Register of
historic places:
1. all resources listed on the National Register of Historic Places which are located in
unincorporated Monroe County;
2. archaeological sites identified as worthy of preservation; and
3. Tavemier Historic District. [9J-5.006(3Xc)8]
Policy 104.2.3
After revisions to the land development regulations pertaining to the Florida Keys Historic
Register are adopted, the County shall contact local historic preservation groups and
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-73
encourage them to nominate eligible historic resources to the Florida Keys Historic
Register. The Monroe County Growth Management DMsion shall provide information and
technical assistance to indMduals and local historic preservation groups who wish to
prepare nominations to the Florida Keys Historic Register. [9J-5.006(3Xc)8]
Policy 104.2.4
By January 4, 1998 Monroe County shall submit documentation for nominating the
following resources to the National Register of Historic Places:
1. old overseas railroad bridges identified in the AHC Architectural Windshield
Survey (Thematic Resource nomination);
2. hurricane houses and public buildings (the Islamorada Library and the Tavemier
Health Department) constructed as WPA projects in addition to the hurricane
memorial in Islamorada; and
3. archaeological sites identified in the AHC 1988 survey as eligible for nomination to
the National Register (Individual Historic Site nominations). [9J-5.006(3Xc)8]
Policy 104.2.5
Monroe County shall nominate other historic resources to the National Register as those
resources are identified. [9J-5.006(3Xc)8]
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-74
Obiective 104.3
Monroe County shall adopt and implement measures for the protection and preservation of historic
resources. [9J-5.006(3Xb)4]
Policy 104.3.1
By January 4, 1997, Monroe County shall adopt Land Development Regulations
constituting a Historic Preservation Ordinance to provide protection for historic resources
listed on the Florida Keys Historic Register. The adopted LDRs shall:
1. establish a historidarchaeological review board to review development proposals
which impact designated historic resources;
2. list the qualifications and selection criteria for review board members;
3. specify the criteria for local designation of historic resources guided by the criteria
for designation to the National Register;
4. incorporate the procedure for local designation as specified in Article VIII of the
Land Development Regulations (See Policy 104.2.1);
5. specify the restrictions on archaeological sites resulting from local designation.
Establish standards to address the siting and design of proposed developments to
minimize impacts on archaeological resources, and the proper documentation and
recording of the site including retrieving of artifacts;
6. specify the restrictions on the demolition and alteration of historic structures
resulting from local designation. Establish standards to evaluate alterations to
historic structures which are consistent with the U.S. Department of the Interior's
"Standards for Rehabilitation";
7. specify the restrictions on historic districts resulting from local designation.
Establish exterior architectural standards to evaluate development proposals
within designated historical districts with the intent of encouraging compatibility
with the architectural features of historical significance to the particular district;
8. establish a procedure for reviewing development and redevelopment proposals
which impact designated resources;
9. specify procedures where development activities uncover unknown
archaeological resources;
10. provide procedures for enforcement and consequences of non-compliance;
11. provide incentives such as transfer of development rights, tax credits, tax relief,
special property tax assessments, building code waivers, building application fee
exemptions, zoning variances, and FEMA exemptions to encourage the
conservation and rehabilitation of privately-owned historic resources; and
12. specify permitting and review procedures that reconcile redevelopment of
designated historical buildings and sites with their potential non-conforming status.
[9J-5.006(3)(c)8]
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-75
Policy 104.3.2
The County shall evaluate the possibility of incorporating effects of proposed
developments on historic resources into the Point System established by Land Use
Element Objective 101.5 and supporting policies. [9J-5.006(3X c)8]
Policy 104.3.3
The Land Development Regulations adopted pursuant to Policy 104.3.1 shall be drafted to
meet the requirements of the Department of the Interior's "Certified local Government
Program" which shall enable Monroe County to qualify for State Historic Preservation
Grants-in-Aid. Within six months of adopting Land Development Regulations pursuant to
Policy 104.3.1, Monroe County shall submit the historic preservation regulations to the
U.S. Department of the Interior and the State Historic Preservation Officer for certification.
[9J-5.006(3X c)8]
Policy 104.3.4
Monroe County shall require that architectural guidelines be drafted and approved by
Monroe County for each Historic District listed on the Florida Keys Historic Register.
These guidelines shall be drafted by the nominating agency, and shall be approved by a
qualified historic preservation professional. The guidelines shall be reviewed and
approved by Monroe County within one year of acceptance of the District on the Florida
Keys Historic Register.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-76
Obiective 104.4
Monroe County shall adopt and implement measures for the protection and preservation of historic
resources on public lands. [9J-5.006(3Xb)4]
Policy 104.4. 1
Monroe County shall coordinate with the lessee of Pigeon Key to ensure that the
renovation and use of the County-owned island retains the historical and architectural
character of the site, and allows a reasonable amount of public access.
Policy 104.4.2
Monroe County shall coordinate with county, state and federal agencies to identify, monitor
and protect historic resources located on public lands (See Future Land Use Objective
102.9 and related policies). [9J-5.006(3Xc)8]
Policy 104.4.3
Development plans on County-owned lands which contain historic resources listed on the
Florida Keys Historic Register shall be subject to review by the historidarchaeological
review board established pursuant to Policy 1 04.3. 1 (a). [9J-5.006(3)(c)8]
Policy 104.4.4
Monroe County shall increase its participation in the resource planning of federal and state
owned parks, wildlife refuges, military installations and other state or federal properties.
Monroe County shall review resource plans, development plans and master plans
prepared for these areas, evaluate impacts on historic resources, and submit comments to
the appropriate agencies. [9J-5.006(3Xc)8]
Policy 104.4.5
Through a lease agreement, Monroe County shall require that the lessee of Pigeon Key or
any other County-owned historical or archaeological site designated on the Local or
National Register.
1. conform, at a minimum, to the Secretary of the Interior's Standards for
Rehabilitation for any permanent or temporary development of the site; and
2. retain the historical, architectural, and/or archaeological integrity of the site, as
approved by a professional who meets the appropriate Professional Qualifications
specified in the Code of Federal Regulations, Section 61, Number 36. [9J-
5.006(3Xc)8]
Policy 104.4.6
Before the County may sell Pigeon Key, Monroe County shall develop and adopt
architectural guidelines for this National Register Historic District.
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Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-77
Obiective 104.5
Monroe County shall seek to increase public awareness and appreciation of the historic resources
and historic preservation activities in the County. [9J-5.006(3Xb)4]
Policy 104.5.1
Monroe County shall coordinate with the following organizations and individuals to identify
opportunities for joint public education and funding efforts :
1. Local preservation groups in unincorporated Monroe County;
2. The Key West historic preservation planner and other historic preservation
leaders;
3. Historic Florida Keys Preservation Board;
4. Federal agencies including the National Park Service, U.S. Fish and Wildlife
Service, and NOAA;
5. State Agencies including the Florida DNR Division of Parks and Recreation, and
State Division of Historic Resources;
6. Florida Trust for Historic Preservation;
7. Monroe County School Board; and
8. Local libraries. [9J-5.006(3Xc)8]
Policy 104.5.2
By January 4, 1997, historical and archaeological information produced by or for the
County such as the historic inventory, National Register listings, Florida Keys Historic
Register listings, archaeological surveys, and historic architectural surveys shall be made
available to the public at various locations throughout the County including libraries,
schools, senior centers, museums and County offices. [9J-5.006(3Xc)8]
Policy 104.5.3
By January 4, 1998, Monroe County and the Historic Florida Keys Preservation Board
shall seek funding from the Tourist Development Council to create and implement a
historic marker program and a historic map/guide to increase public awareness and
appreciation of the County's history and historic resources. [9J-5.006(3Xc)8]
Policy 104.5.4
By January 4, 1998, the County and the Historic Florida Keys Preservation Board shall
institute a procedure to notify property owners of properties listed or eligible for listing on
the Florida Keys Historic Register or National Register and apprise owners of the
associated benefits of listing. [9J-5.006(3Xc)8]
Policy 104.5.5
Monroe County shall promote public knowledge of local, state and federal programs and
incentives designed to assist owners of historic properties. [9J-5.006(3X c)8]
Policy 104.5.6
Monroe County shall identify community leaders with an interest in historic preservation
and provide technical assistance for the formation of new citizen-based historic
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-78
preservation groups. These groups will aid the County in generating interest and raising
funds for local historic preservation activities. Areas which could benefit from a citizen
support group include the Pigeon Key Historic District, potential historic districts on Conch
Key, in Islamorada and in Marathon. [9J-5.006(3Xc)8]
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Monitoring and Evaluation Procedures Adoption Date: June 29,2010 5-79
Obiective 104.6
Monroe County shall coordinate with public agencies and non-profit organizations to protect,
preserve and increase awareness of historic resources. [9J-5.006(3Xb)4]
Policy 104.6.1
Monroe County shall involve local historic preservation groups in the planning process.
The County will apprise groups of historic preservation planning efforts, request their
comments and solicit their support. [9J-5.006(3X c)8]
Policy 104.6.2
Monroe County shall include archaeological sites identified by local historic preservation
groups on the priority list of Natural Heritage and Park acquisition sites. (See Future Land
Use Objective 102.4 and related policies.)
Policy 104.6.3
Monroe County shall encourage and facilitate acquisition of historic sites suitable for
cultural, tourism, recreation or conservation uses by federal, state and local agencies, non-
profit historic preservation groups, and non-profit conservation organizations [9J-
5.006(3X c)8]
Policy 104.6.4
By January 4, 1998, the County shall identify available public and private funding sources
for historic preservation activities and submit proposals for the following projects:
1. Perform emergency repairs and tenting for termites for historic structures on
Pigeon Key;
2. Perform structural surveys and begin renovations of significant buildings on
Pigeon Key; and
3. Develop architectural guidelines for Tavemier once a local historic district is
established. [9J-5.006(3X c)8]
Policy 104.6.5
By January 4, 1998, the County shall submit funding proposals for the following historic
preservation projects:
1. Conduct a historic architectural building survey for unincorporated Monroe County
which shall identify potential historic districts and historic housing resources;
2. Renovation and preservation of other County-owned historic resources; and
3. Create and implement a program to promote historic resources listed on the
Florida Keys Historic Register with historic markers and accompanying
map/guide. [9J-5.006(3Xc)8]
Policy 104.6.6
By January 4, 1998, the County shall submit funding proposals for the following historic
preservation projects:
1. Develop architectural guidelines for any historic districts listed on the Florida Keys
Historic Register;
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-80
2. Develop a computerized system for the inventory of historic resources including all
Florida Master Site File records, local and national register status and GIS location
maps.
3. Expand documentation of the Keys history through the collection of written records
and recording recollections of remaining early settlers in written, video or audio
form; and
4. Complete detailed documentation and research for remaining historic resources
which may be eligible for the Local or National Register. [9J-5.006(3Xc)8]
(The remainder of this page left intentionally blank.)
Monitoring and Evaluation Procedures Adoption Date: June 29,2010 5-81
GOAL 105
Monroe County shall undertake a comprehensive land acquisition program and smart growth initiatives in
conjunction with its Livable CommuniKeys Program in a manner that recognizes the finite capacity for new
development in the Florida Keys by providing economic and housing opportunities for residents without
compromising the biodiversity of the natural environment and the continued ability of the natural and man-
made systems to sustain livable communities in the Florida Keys for future generations.
Obiective 105.1
Monroe County shall implement smart growth initiatives in conjunction with its Livable
CommuniKeys and Land Acquisition Programs which promote innovative and flexible
development processes to preserve the natural environment, maintain and enhance the
community character and quality of life, redevelop blighted commercial and residential areas,
remove barriers to design concepts, reduce sprawl, and direct future growth to appropriate infill
areas.
Policy 105.1.1
Monroe County shall create an economic development framework for a sustainable visitor-
based economy, not dependent on growth in the absolute numbers of tourists, that
respects the unique character and outdoor recreational opportunities available in the
Florida Keys.
Policy 105.1.2
Monroe County shall prepare design guidelines to ensure that future uses and
development are compatible with scenic preservation and maintenance of the character of
the casual island village atmosphere of the Florida Keys.
Policy 105.1.3
Monroe County shall prepare development standards and amend the Land Development
Regulations to limit non-residential allocations for new floor space on anyone site to foster
the retention and redevelopment of small businesses on the US # 1.
Policy 105.1.4
Monroe County shall prepare redevelopment standards and amend the Land Development
Regulations to address the Imge nwnber of non~nfonning commercial structures that are non-
compliant as to on-site parlcing, construction and shoreline setbacks, stormwater management,
landscaping and buffers. By identifying the existing charncter and constraints of the different island
connmmities, regulations can be adopted that provide incentives for redevelopment and permit
the continuance of businesses while moving towards an integrated streetscape.
Policy 105.1.5
Monroe County shall prepare amendments to this Plan and its Land Development
Regulations that comprehensively revise the existing residential permit allocation system
to direct the preponderance of future residential development to areas designated as an
overlay on the zoning map(s) as Infill (lier III) in accordance with Policy 105.2.2.
Policy 105.1.6
Monroe County shall prepare amendments to this Plan and it's Land Development
Regulations that comprehensively revise the existing non-residential permit allocation
system in a manner that implements Policies 105.2.1 and 105.2.15 and is consistent with
and furthers this Plan.
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-82
Obiective 105.2
Monroe County shall implement with assistance of the state and federal govemments a 2D-year
Land Acquisition Program to: 1) secure for conservation and passive recreation purposes
remaining privately-owned environmentally sensitive lands; 2) retire development rights on
privately-owned vacant lands to limit further sprawl and equitably balance the rights of property
owners with the long-term sustainability of the Keys man-made and natural systems; and, 3)
secure and retain lands suitable for affordable housing. This objective recognizes the finite limits of
the carrying capacity of the natural and man-made systems in the Florida Keys to continually
accommodate further development and the need for the significant expansion of the public
acquisition of vacant developable lands and development rights to equitably balance the rights and
expectations of property owners.
Policy 105.2.1
Monroe County shall designate all lands outside of mainland Monroe County...
except for the Ocean Reef planned development, into three general categories
for purposes of its Land Acquisition Program and smart growth initiatives in
accordance with the criteria in Policy 205.1.1. These three categories are:
Natural Area (Tier 1); Transition and Sprawl Reduction Area (Tier II) on Big Pine
Key and No Name Key only; and Infill Area (Tier III). The purposes, general
characteristics, and growth management approaches associated with each tier
are as follows:
1. Natural Area (Tier I): Any defined geographic area where all or a
significant portion of the land area is characterized as environmentally
sensitive by the policies of this Plan and applicable habitat conservation
plan, is to be designated as a Natural Area. New development on vacant
land is to be severely restricted and privately owned vacant lands are to
be acquired or development rights retired for resource conservation and
passive recreation purposes. However, this does not preclude provisions
of infrastructure for existing development. Within the Natural Area
designation are typically found lands within the acquisition boundaries of
federal and state resource conservation and park areas, including
isolated platted subdivisions; and privately-owned vacant lands with
sensitive environmental features outside these acquisition areas.
2. Transition and Sprawl Reduction Area (Tier II): Any defined geographic
area on Big Pine Key and No Name Key, where scattered groups and
fragments of environmentally sensitive lands, as defined by this Plan,
may be found and where existing platted subdivisions are not
predominately developed, not served by complete infrastructure facilities,
or not within close proximity to established commercial areas, is to be
designated as a Transition and Sprawl Reduction Area. New
development is to be discouraged and privately owned vacant lands
acquired or development rights retired to reduce sprawl, ensure that the
Keys carrying capacity is not exceeded, and prevent further
encroachment on sensitive natural resources. Within a Transition and
Sprawl Reduction Area are typically found: scattered small non-residential
development and platted subdivisions with less than 50 percent of the lots
developed; incomplete infrastructure in terms of paved roads, potable
water, or electricity; and scattered clusters of environmentally sensitive
lands, some of which are within or in close proximity to existing platted
subdivisions.
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-83
3. Infill Area (Tier III): Any defined geographic area, where a significant
portion of land area is not characterized as environmentally sensitive as
defined by this Plan, except for dispersed and isolated fragments of
environmentally sensitive lands of less than four acres in area, where
existing platted subdivisions are substantially developed, served by
complete infrastructure facilities, and within close proximity to established
commercial areas, or where a concentration of non-residential uses
exists, is to be designated as an Infill Area. New development and
redevelopment are to be highly encouraged, except within tropical
hardwood hammock or pineland patches of an acre or more in area,
where development is to be discouraged. Within an Infill Area are typically
found: platted subdivisions with 50 percent or more developed lots
situated in areas with few sensitive environmental features; full range of
available public infrastructure in terms of paved roads, potable water, and
electricity; and concentrations of commercial and other non-residential
uses within close proximity. In some Infill Areas, a mix of non-residential
and high-density residential uses (generally 8 units or more per acre) may
also be found that form a Community Center.
Policy 105.2.2
Monroe County shall prepare an overlay map(s) designating geographic areas of
the County as one of the three Tiers in accordance with the guidance in Policy
105.2.1, which shall be incorporated as an overlay on the zoning map(s) with
supporting text amendments in the Land Development Regulations. These maps
are to be used to guide the Land Acquisition Program and the smart growth
initiatives in conjunction with the Livable CommuniKeys Program (Policy
101.20.1 ).
Policy 105.2.3
The priority for acquisition of lands and development rights under the County's
Land Acquisition Program shall be as follows: Tier I (Natural Area)-first priority;
Tier II (Transition and Sprawl Reduction Area) and patches of tropical hardwood
hammock or pinelands of one acre or greater in area within Tier III-second
priority; and Tier '" (Infill Area)- third priority, except acquisition of land for
affordable housing shall also be a first priority. These acquisition priorities shall
be applied consistent with the Policy 105.2.10 that directs the focus of the
County's acquisition efforts to the acquisition or retirement of development rights
of privately owned vacant platted subdivision lots within Tiers I and II. Federal,
State and local funding will be used for purchasing privately owned vacant lands
for Tier II.
Policy 105.2.4
Monroe County shall prepare a specific data base tied to its Geographic
Information System, containing information needed to implement, monitor, and
evaluate its Land Acquisition Program, smart growth initiatives, and Livable
CommuniKeys Program.
Policy 105.2.5
Monroe County shall, in coordination with federal and state agencies, implement
a land acquisition program to acquire all remaining privately-owned vacant lands
within areas designated as a Natural Area (Tier I).
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-84
Policy 105.2.6
Monroe County shall implement a land acquisition program to acquire most
privately owned vacant private lands within areas designated as a Transition and
Sprawl Reduction Area (Tier II) on Big Pine Key and No Name Key and patches
of tropical hardwood hammock or pinelands of one acre or greater in area
identified as a Special Protection Area within a designated Infill Area (Tier III).
Policy 105.2.7
Monroe County shall implement an acquisition program to acquire privately
owned vacant lands disturbed or scarified properties for affordable housing within
areas designated as an Infill Area (Tier III).
Policy 105.2.8
The preferred method for acquisition of environmentally sensitive privately owned
vacant non-platted lands shall be fee simple purchase, donation, or dedication or
the retirement of development rights through transfer of development rights or
similar mechanisms.
Policy 105.2.9
The preferred method for acquisition of vacant platted lots shall be fee simple
purchase, donation, or dedication or the retirement of development rights
thorough transfer of development rights or similar mechanisms; however,
wherever appropriate, platted lots may be purchased in partnership with
adjoining property owner(s) subject to a conservation easement that may allow
limited accessory residential uses.
Policy 105.2.10
In terms of effort, Monroe County shall primarily focus its Land Acquisition
Program on the acquisition or retirement of development rights of vacant
privately-owned, buildable, platted lots within Tier I and Tier II and the acquisition
of scarified and disturbed lands for affordable housing within Tier III. This policy
recognizes the critical need for the County to aggressively address the imbalance
between development expectations of private property owners and the finite
carrying capacity of the natural and man-made systems in the Florida Keys.
POlicy 105.2.11
Monroe County shall petition the federal and state governments to aggressively
pursue the acquisition of all remaining privately-owned vacant lands within their
park and conservation acquisition boundaries and to expand existing acquisition
boundaries to include other lands in close proximity with similar environmentally
sensitive features.
Policy 105.2.12
With respect to the relief granted pursuant to Policy 106.1 (Administrative Relief)
or Policy 101.18.5 (Beneficial Use), a purchase offer shall be the preferred form
of relief for any land within Tier I and Tier II, or any land within Tier III in
accordance with the criteria in Policy 101.6.5.
Policy 105.2.13
In implementing this Land Acquisition Program, Monroe County is only
committed or financially obligated to the extent that local, state, and federal funds
are available.
Monitoring and Evaluation Procedures Adoption Date: June 29,2010 5-85
Policy 105.2.14
Monroe County shall identify and secure possible local sources to yield a steady
source of funds and secure increased funding from state and federal, and/or
private sources for the Land Acquisition Program and the management and
restoration of acquired resource conservation lands. With the uncertainty
concerning the County's ability to successfully secure sufficient funding from
state and federal governments for their fair share of the financial support for the
Land Acquisition Program and the demands placed on the County's limited
financial resources to address wastewater and other critical issues, it is
recognized that the Land Acquisition Program may extend well beyond 20 years.
Policy 105.2.15
Where appropriate, as part of the Livable CommuniKeys Planning Process,
Community Centers shall be designated within areas designated as Tier III (Infill
Area). A Community Center is characterized as a defined geographic area with a
mix of retail, personal service, office and tourist and residential uses (generally of
greater than 8 units per acre). Community Centers shall be designated as
receiving areas for transfer of development rights and shall receive special
incentives in the non-residential permit allocation system.
Obiective 105.3
Monroe County shall implement its 20-Year Land Acquisition Program and smart growth
initiatives in conjunction with its Livable CommuniKeys Program and shall make
appropriate amendments to this Plan and the Land Development Regulations including,
but not necessarily limited to the residential and non-residential permit allocation
systems.
3.2 SUB- AREA POLICIES
GOAL 107
Monroe County shall reaulate land use and development activities of scarified and/or filled pOrtions of
parcels containino environmentally sensitive areas, by the enactment of area-specific requlations that allow
development to occur subiect to limitations and conditions desioned to protect natural resources.
Obiective 107.1
Monroe County shall coordinate Land Use with the Elements of the Comprehensive Plan throuoh
Future Land Use Element Sub-Area Policies Aoplicable to a Soecific Geooraphic Area. These sub-
area pOlicies identify parcels of land that reauire narrowly-tailored requlation in order to confine
development potential to an area or extent less than the maximum development pOtential allowed
by the future land use cateqorv. The development parameters established for each sub-area shall
be based either on an inventory of uses and facilities established on the parcel or by data and
analvsis supportino the specific sub-area limitations.
Policv 107.1.1 Reserved
Policv 107.1.2 Reserved
Policv 107.1.3 Specific Limitations on Kev Larao Mixed Use Area 1
The followino land uses shall be allowed on the followino parcel: parcel 00440100.000000
(0.62 acres; leqallv described as Lots 11. 12, 13, 14, 15. 16. 17 and 18. 19 and 20, Block
2. THOMPSONS SUBDIVISION, Section "A", accordino to the plat thereof, as recorded in
Plat Book 1. at Paoe 147. of the Public Records of Monroe County, Florida; and the East
10 feet of that portion of Fisherman's Trail, adiacent and contiouous to the West boundary
Monitoring and Evaluation Procedures Adoption Date: June 29. 2010 5-86
line of Lots 15 and 16. Block 2, lvinq between the North Line of Sailfish Trail and the
Southeasterly Rjqht~f-Way line of Old State Road 4A. in Thompsons Subdivision. Section
"A", accordinq to the plat thereof. as recorded in Plat Book 1. at Paqe 147. of the Public
Records of Monroe County. Florida. Subiect to easements. restrictions and reservations
of record and taxes for the year 2005 and thereafter. and on which a concentration of non-
residential uses exists. includinq approximately 2,97atr of commercial floor area.
Development to the Key LarqO Mixed Use Area shall be subiect to rooulations applicable
to the Mixed Use / Commercial (MC) Future Land Use Map as well as the additional
restrictions set out below:
1. There shall be a maximum commercial floor area ratio of 0.30.
2. There shall be no residential units.
Monitoring and Evaluation Procedures Adoption Date: June 29, 2010 5-87
MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION P40-09
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPRO V AL OF AN ORDINANCE
OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA AMENDING THE FUTURE LAND USE
DISTRICT MAP FROM RESIDENTIAL LOW (RL) TO MIXED USE /
COMMERCIAL (MC) IN ACCORDANCE WITH POLICY 101.4.5 OF
THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN,
REQUESTED BY MDJ INVESTMENTS, LLC FOR PROPERTY
LEGALL Y DESCRIBED AS THOMPSON'S SUBDIVISION, KEY
LARGO, PBI-147 LOTS 13-18, MONROE COUNTY, FLORIDA,
HAVING REAL ESTATE NUMBER 00440100.000000
WHEREAS, during a regularly scheduled public hearing held on January 27, 2010, the
Monroe County Planning Commission conducted a review and consideration of a request by
MOJ Investments, LLC for a FLUM amendment in accordance with the provisions and intent of
Monroe County Comprehensive Plan Policy 101.4.5; and
WHEREAS, during a regularly scheduled meeting held on October 6, 2009, the
Development Review Committee of Monroe County conducted a review and consideration of a
request by MDl Investments, LLC for a FLUM amendment in accordance with the provisions
and intent of Monroe County Comprehensive Plan Policy 101.4.5;
I WHEREAS, the subject property is located at Mile Marker 99.1, Key Largo, Florida and
is legally described as Thompson's Subdivision, Key Largo, PBI-147 Lots 13-18, Monroe
County, Florida having real estate nwnber 00440100.000000;
WHEREAS, in the future land use map amendment application to the Planning &
Environmental Resources Department, received May 29, 2009, the agent requested that the
Future Land Use Map (FLUM) designation of one (1) parcel identified as Real Estate Nwnber
00440100.000000 be amended from Residential Low (RL) to Mixed Use / Commercial (Me);
WHEREAS, based upon the information and documentation submitted, the Planning
Commission makes the following Findings of Fact and Conclusion of Law:
MDJ Investments LLC M29062 FLUM P.! 00
DRC: October 6, 2009 DRCII-09 PC: January 27, 2010 P40-09 BOCC: Transmittal February 2010
1. The proposed FLUM amendment is consistent with the provisions and intent of
the Monroe County Year 2010 Comprehensive Plan Goal 101, Objective 101.4,
Policy 101.4.5 and Goal 105.
2. The proposed FLUM amendment is consistent with the provisions and intent of
Chapter 102 of the Monroe County Code, Land Development Regulations
particularly 'data errors' and 'recognition of a need for additional detail or
comprehensiveness' ;
3. On July 23, 1976, the MC Zoning Board adopted Resolution 20-1975 approving a
zoning change to BU-l on the property with a special use permit approving retail
sales for furniture and clothing only;
4. Building Permit Number C1809 was issued on August 13, 1976 for land clearing
on Blocks 13, 14, 15 and 16 on U. S. 1 and Grouper Trail;
5. Like the subject parcel, properties adjacent to and north of the subject parcel are
in a Tier I land use designation as well as the Mixed Use / Commercial (MC)
Future Land Use Map District;
6. The proposed FLUM amendment is consistent with the Goals, Strategies and
Action Items from the Key Largo Livable CommuniKeys Plan, particularly Goal
l'
,
7. The proposed FLUM amendment is consistent with the Principles for Guiding
Development in the Florida Keys Area of Critical State Concern pursuant to F.S.
Chapter 380.0552(7);
8. The proposed FLUM amendment is consistent with the surrounding future land
use map designation of Mixed Use / Commercial (MC);
9. The proposed FLUM amendment may affect local traffic, parking and circulation,
but not significantly;
10. Most of the lot is disturbed with a number of large canopy trees remaining and
most of the understory plants have been removed and have been replaced with
exotics;
11. Approximately 10-15% of the lot is undisturbed hammock mostly along Grouper
Trail;
12. The proposed FLUM amendment may have an effect on natural resources, but not
significantly;
13. The proposed FLUM amendment may affect public facilities, but not
significantly;
MOl Investments LLC M29062 FLUM P. 2 00
DRC: October 6, 2009 DRC 11-09 PC: January 27, 201 0 P40-09 BOCC: Transmittal February 2010
14. The proposed FLUM amendment may affect solid waste, but not significantly;
15. The proposed FLUM amendment may affect potable water, but not significantly;
16. The proposed FLUM amendment may affect storm water, but not significantly;
17. The proposed FLUM amendment may have an effect on redevelopment and infill
potential, but not significantly.
WHEREAS, the Planning & Environmental Resources Department Staff has found that
all of the required standards are met and recommends approval of the application; and
WHEREAS, the Monroe County Planning Commission held a public hearing in
Marathon on January 27, 2010 and based on the facts presented at the meeting, the Planning
Commission recommended approval of the request;
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION
OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of
Law support its decision to RECOMMEND APPROV AL to the Board of County
Commissioners of a request by MDJ Investments, LLC to amend the Future Land Use Map
(FLUM) from Residential Low (RL) to Mixed Use / Commercial (MC).
PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
Florida, at a regular meeting held on the 2ih day of January, 2010.
Chair Wall .hs...
Vice-Chair Cameron .kL
Commissioner Hale .k.L
Commissioner Lustberg Yes
Commissioner Werling ..xu...
y, FLORIDA ......f ,':.r"~~':"("~~....lIJ_("_~~v:"-:"'"~~".-:.~,,,,~..;
fA. -.. r 4~
AI'PROVED AS TO FORtY!:
BY 11\i'.TD L~--,'": L '~Ul7'" Crf.:l,TCV
I ". . .- .... -" .... ......1 '. ..
I' I PoV
,: ., -
..- L-__
):
Signed this 27 day of .Tllnl1:1ry , 2010."";.c:,,~..:.~
MOl Investments LLC M29062 FLUM P. 30f3
ORC: October 6, 2009 DRC] ]-09 PC: January 27,2010 P40-Q9 BoeC: Transmittal February 2010
File #: 29062
Owner's Name: MDJ Investments LLC
OOPlicant: MDJ Investments LLC
Agent: Peter Bacheler, H L & Y
bPe of Agplication: FLUM
Key: Key Largo
RE#: 00440100-000100
Additional Information added to File 29062
. Property Search -- Monroe COWlty Property Appraiser http://www.mcpafI.orWPropSearch.aspx
Ervin A. Higgs CFA
, . office (305) 292-3420
Property Appraiser fax (305) 292-3501
Monroe County, Florida
.. ,. -.. - - ._--,- - -... - .- ..-. --- - -..--,. - - -- --- -~ .~ -- .. ..----- --
Property Record View
Alternate Key: 1539791 Parcel 10: 00440100-000000
-.. - -. ~. ..-
: Ownership Details
. Mailing Address:
MDJ INVES1MENTS LLC
99101 OVERSEAS HWY
, KEY LARGO, FL 33037
- __ _. .h. _ _..... .__ __~__.~ .~_.... _
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! Property Details
pc Code: 17 - OFFICE BUILDINGS 1 STORY
Millage Group: 500K
Affordable N
Housing: 0
Sectlo n-
Township- 32-61-39
Range:
LProPtlerty 399101 OVERSEAS HWYKEYLARGO
oca on:
Subdivision: THOMPSON SUB
Legal 11iOMPSONS SUBO-KEYLARGOPB1-147 LOTS 13-18 SQR2 05-197 J1-288 OR88-40/41 0R88-40/41
: Description: 0R214-591 OR336-452153 PROB OOCKET9-117 0R567-15 0R647-103lO4 OR656-1610R671-551/52
i OR682-88P OR682.89 0R682-91J92P OR709-280183 OR770-419QC OR987-133/34 CASE#88-13-CP-10 . "'-
! OR1035-1468DC OR1039-2476/80WILL OR1253-2091 OR1253-2092AFF OR1253-2093 0R2113-912 i '-
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. Property Search -- Monroe County Property Appraiser http://www.mcpafl.orgfPropSearch.aspx
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! Land Details
Land Use Code Frontage Depth Land Area
;
1000 - COMMERC~L DRY 27,110.00 SF
- -------- - ..-.----.-.---...- -..-..-.--. -. ..........._------_._--,..-~--,---------_.._- .. ___..__n_____ -.. ---------.-- -.....,_.~ .--.. --- ---
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Building Summary
Number of Buildings: 1
Number of Commercial Buildings: 1
2of5 3/18/20091:40 PM
. . Property Search -- Monroe County Property Ap,praiser http://www .mcpafl.orgfPropSearch.aspx
; Total Living Anta: 2968
YearBul1t: 1958
-- -- -.... --"-.- ._...... -..- ..- .. - - -.. -..- '~".'_.._. -. - -. - .- -~._'-'- -_._-.-- . -.. - --."" __ om_ _ __ ..___. _n..__.. _ .- ...... "._--- -.. .- .--. --'.
.-.....-..... ..-----.-".. -. -..-.--. ..-.-....., .---.------.. ~ -'~ .--- ------ . .. - .... - -- - ---.,
: Building 1 Details
i
; Building Type Condition A Quality Grade 350
Effective Age 24 Perimeter 292 Depreciation % 30
Year Built 1958 Special Arch 0 Gmd Floor Anta 2,968
Functional Obs 0 Economic Obs 0
. Inclusions:
RoofType Roof Cover Foundation
Heat 1 Heat 2 Bedrooms 0
Heat Src 1 Heat Src 2
, Extra Features;
2 Fix Bath 0 Vacuum 0
3 Fix Bath 0 Garbage Disposal 0
4 Fix Bath 0 Compactor 0
5 Fix Bath 0 Security 0
6 Fix Bath 0 Intercom 0
7 Fix Bath 0 Fireplaces 0
Extra Fix 9 Dishwasher 0
18.n~FT.
;
,
22 2FT.
!
j Sections:
Nbr Type ExtWall #Stories Year Built Attic Ale Basement % Finished Basement % Area
0 PTO 1 1957 55
0 PTO 1 1989 80
30f5 3/1812009 1:40 PM
. Property Search -- Monroe County Property Appraiser http://www.mcpafl.orty'PropSearch.aspx
! '1 FLA 1 1957 Y 2,966 I i
;
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. .
i Mise Improvement Details i
Nbr Type # Units Length Width Year Built Roll Year Grade Life i
I
1 AC2:WALL AIR COND 2 UT 0 0 2000 2006 1 20 I
!
2 AC2:WALL AIR COND 2 UT 0 0 2000 2006 3 20 i
i
3 AP2:ASPHAL T PAVING 2,376 SF 0 0 1969 2006 2 25;
4 PT3:PA TIO 195 SF 3 65 1990 2006 1 50:
5 CL2:CH LINK FENCE 560 SF 112 5 2000 2006 1 30
6 UB2:UTD..ITY SLDG 200 SF 10 20 1989 1990 2 50
7 FN2:FENCES 130 SF 2 65 2000 2006 1 30
._._~ -, _ --.. '_H.____._~_.........,_._____.____._______._ O. .__ _ _ ..__ ._ __ __ _ _ "'_'._ ___.___0.. __ .,...'-__._______~....__~_.,.___._.___.__._.~_____.._ ._'
.. - .- -. -----.-----.-------.-.------..-. -.--.-------.-.. ~- -.-. ------ - - -._ - ____ _H._..._.__._..__.._____._._______.__...._.___ _____.._....
Appraiser Notes
ADJ LAND SIZE FROM 21600 TO 2711 0 FOR THE 2008 TAX ROlL, IT APPEARS THA TTHE LAND SIZE AND LEGAL DESC
WAS NOT CHANGED WHEN THIS PARCEL WAS SPLIT FOR THE 2007 TAX ROLL. THIS ERROR DID NOT RESULT IN THIS
PARCEL BEING OVER ASSESSED. THIS PARCEL WAS UNDER ASSESSED IN 2007. SPLIT PARCEL 00440100-000100 AK
9088667 WAS CORRECTlY ASSESSED FOR 2007 TAX ROLL
2004/6129 3 UNITS 1 = FLORIDA TITLE 2 = ALL KEYS MORTGAGE 3 = KENNITH GROSSMAN TCF .
6129106 FIELD INSPECTION (3 BUSINESSES) KEYS CENTER FOR MICROSCOPIC ENDODONTICS, FLA TllE OF THE KEYS '
AND ALL KEYS MORTGAGE INC.
SPLITTING OUTLOTS 11, 12, 19,20 FROM THIS PARCEL FOR ASSESS PURP (0R2293.260)
-. -.-- ._~-.. .-..--------. --...__.__._--_.--,,_.._..~----- ----- .-- ..._----..... -.-.-- - ~._---~.. -'.'. ..-..--.. --.---. ~------..
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Building Permits
Bldg Number Date Issued Date Completed Amount DeSCription Notes
3302781 06/1812003 0110112004 1 REMlREP4 TONCIU
04301193 03/1612004 07/1812005 1 RlR4 TONNH
.'-..-.- --- - -.- ...~. __ ._~ m____ __ ___. .~~..__. _. ._._.__ ..____. __ _. __ _ _ .'._ ________~~. __. _..___
.. '.-- - ...-.-- ..~ '.. -- ---- -. - . . .. - - -'. .... . .... .- .. - -
Parcel Value History
Certified Roll Values.
View Taxes for this Parcel.
Roll Total Bldg Total Misc Total Land Total Just Total Assessed School School Taxable
Year Value Improvement Value Value (MarKet) Value Value Exempt Value Value
2008 221,605 6,912 677,750 442,254 442,254 0 442,254
2007 177,636 7,050 135,250 319,936 319,936 0 319,936
2006 177,636 7,269 135,250 320,155 320,155 0 320,155
2005 174,088 1,814 56,250 232,152 232,152 0 232,152
4of5 3/18/20091:40 PM
Property Search -- Monroe County Property Appraiser http://www .mcpafl.orglPropSearch.asp"
I
2004 174,088 1,899 56,250 232,237 232,237 0 232,237
2003 174,088 2,007 56,250 232,345 232,345 0 232,345
2002 174,088 2,109 56,250 232,447 232,447 0 232,447
215,670 215,670 0 215,670 :
2001 174,088 2,207 39,375
2000 174,088 964 39,375 214,427 214,427 0 214,427 ;
:
1999 174,088 1,009 39,375 214,472 214,472 0 214,472
; 1998 145,724 1,050 39,375 186,149 186,149 0 186,149
;
1997 145,724 1,099 39,375 186,198 186,198 0 186,198
;
! 1996 132,4n 1,143 39,375 172,995 172,995 0 172,995
!
I 1995 132,4n 1,185 39,375 173,037 173,037 0 173,037
! 1994 121,437 528 16,875 138,840 138,840 0 138,840 ;
j j
i 1993 121,437 545 16,875 138,857 138,857 0 138,857
1992 121,437 561 16,875 138,873 138,873 0 138,873 ,
; 1991 121,437 578 16,875 138,890 138,890 0 138,890
i 1990 138,906 138,906
I 121,437 594 16,875 138,906 0
! 1989 115,488 611 16,875 132,974 132,974 0 132,974
I 1988 132,061 0 132,061
i 114,709 4n 16,875 132,061
i
i 1987 112,941 345 16,875 130,161 130,161 0 130,161
:
1986 113,068 345 16,875 130,288 130,288 0 130,288 ,
i
1985 110,976 345 16,875 128,196 128,196 0 128,196 ,
1984 109,555 345 13,500 123,400 123,400 0 123,400
1983 109,555 345 6,560 116,460 116,460 0 116,460
1982 78,216 345 6,560 85,121 85,121 0 85,121
,
-~._-------------,-- ~'-------------"--'--'-'--'---"-'-_._"_"'__'___r_.-_...~-___..__. .._ .. _'_M_ ______". . M __._____.Mr._ , ..--. -... ._ ._.".__n_..._
.---.----.--.-.---.-.-__.._____.__-._.M.. _._~____.___ . __.....____.__ ..'.... ..___....____.__. . _ ...._.___.____.. . .______.___.__ -.-,......--- -... -.
;
i Parcel Sales History
I
! NOTE: Sales do not generally show up in our computer system until about two to three months after the
: date of sale. If a recent sale does not show up in this list, please allow more time for the sale record to be
i processed. Thank you for your patience and understanding.
i
Sale Date Official Records BooklPage Price Instrument Qualification
5/11/2005 2113/912 555,000 WD Q i
4/1/1993 1253/2091 1 WD M
-----. n. _. _ __ .~__ _ ___ ___ _, -. .-- - -- ~.. -. -- -- - -, ..". ~.~ -- -.....-.. ----- - --.. - .--- ._-,~-
This page has been visited 135,504 times.
Monroe County Property Appraiser
Ervin A. Higgs, CFA
P.O. Box 1176
Key West, FL 33041-1176
5of5 3/18/20091:40PM
County of Monroe
Growth Management Division
Office of the Director Board of Countv Commissioners
2798 Overseas Highway Mayor George Neugent, Dist. 2
Suite #400 Mayor Pro Tern Sylvia J. Murphy, Disl. 5
Marathon, FL 33050 Kim Wigington, Disl. 1
Voice: (305) 289-2517 Heather CalTllthers, Disl. 3
FAX: (305) 289-2854 Mario Di Gennaro, Disl. 4
We strive to be caring, professional and fair
Date: q.:<Cj /0'1
.
Dear Applicant:
This is to acknowledge submittal of your application for I=L LI f'I(
Type of application
MuS :r.. rwe j ~'H::;;is LLL... to the Monroe County Planning Department.
Project I Name
Thank you.
t~ {~1 Oi~
Planning Staff
End of Additional File 29062
I
,
I
APPLlCA TION
I MONROE COUNTY
PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
RECEive.
MAY 2 9 10D9 Bt-
Request for a Land Use District and/or Future Land Use Map (FL~~iW.QWG DEPT.
An appDation must be deemed complete and in compDance with the Monroe County Code by the Staft'
\. prior to the item being scheduled for review
Amendment to Land Use District Only (Residential) Application Fee: $4,131.00
Amendment to Land Use District Only (Non-Residential) Application Fee: $4,929.00
Amendment to Future Land Use Map Only Application Fee: $5,531.00
Amendment to Land Use District and Future Land Use Map Application Fee: $6,000.00
In addition to the above applicationjees, the foOowmgfees also apply to each application:
Advertising Costs: $245.00
SUITOunding Property Owner Notification: $3.00 for each property owner required to be noticed
Technology Fee: $20.00
Date of Submittal: ~ zf I tJ?
Month Day Ycar
Property Owner: Agent (if applcable):
\Il.W ~vlU1'",€,(}-r:s u..t.- ~E ~k&"?t ~ H/..,1' 'I
Name Namp
Cf41/!? I (!)V~~ HWc1 ~~ ~a 40 J 3d g~j) fhvtf 1/-f1l.G)(lv11t.;..CJl-
Mailing Address (Street, City, State, Zip c)Ft,; "ISOil:7 Mailing Address (Street, City, State, Zip Code) f-{----::;:;3!!D1(}
~.$~~.~'I40 '3Q5. 1057-- - 8~Yc.?
Daytime Phone Daytime Phone
~~rJD~ 1~F"CAlAtJ. th~ ~m~ie I- ~1'R:t>FfC4t#t1//~M
EmaiJ Ad& Address I
Legal Description of Property:
(If in metes and bounds, attach legal description on separate sheet)
Z- /3-J8 '1HoYt\ ~J4/~ l.A~6~
Block Lol"S SubdiVision Key
(J t;)'f4tJ J t!)~ ,. ~"tJ t!KJ6 ,6~791
Real Estate (RE) Number Alternate Key Number
Stre~~~ss ~~:~.~ke) 619./
Approximate Mile Marker
Page 1 014
Last Revised 0212009
I
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!
APPLICATION
Current Land Use District DesignatiOD(s): ~
Proposed Land Use District Designation(s): #J>(".
Current Future LaDd Use Map Deaignatfon(s): tz.-t..-
Proposed Future LaDd Use Map Desiguation(s): M(....
Total Laud Area Affected: 1.-'1110.00 rj1
Existing Use of the Property (If the property is developed, please describe the existing use of the property,
including the number and type of any residential units and the amount and type of any commercial development):
~~'c.t '6u,t...~N f.E:A~ I '1'"'0 ~eAL ~~~N. "'" A6$V<'\.1 tfA./'ll>>
.
~tJJ) 6eN~L- bJ~~
.
In accordance with the provisions set forth in Monroe County Code, amendments may be proposed by the Board
of County Commissioners, the Planning Commission, the Director of Planning, owner or other person having a
contractual interest in property to be affected by a Proposed amendment.
The BOCC may consider the adoption of an ordinance enacting the proposed change based on one or more
of six factors. Please describe how oDe or more of the following .factors shall be met (attach additional
sheets it neeessary):
1) Changed ProjectiODS (e.g., regarding public service needs) from those on which the text or boundary
was based:
NIle
2) Changed assumptions (e.g., regarding demographic trends):
~r}J..
3) Data errors, including errors in mapping, vegetative types and natural features described in volume
1 of the plan:
~A ~-e \\tltGN' ~(JrJ,1lf6 m4~ ~~~. Bc.I,~~
~N-rHli?-- pe>,~ fHl-::5 e~N l!)~gtV ==;rtI'~ 4>~
. .
F~~"Yf!-~1 H*s ~-;-v -HfJc.csJ;] RS d>N"",,~q.-? Co ~
-:::5 /...v~ /9:5:"&./'
Page2of4
Last Revised 0212009
I
i
I
I
I
!
APPLICATION
4) New issues:
";/A
5) Recognition of a need for additional detail or comprehensiveness:
M";t/~ ~tI. M.....vu ....:5';::i:..M;J ~ 1976 ~n~ ..-1-bN'..."",
a~",tVc! -r/) S.v-{ ~
6) Data npdates:
All"!
~ ~
In no event shall an amendment be approved which wiD result in an adverse community change of the
planning area in which the proposed development is located. Please describe how the map amendment
would Dot result in an adverse community change (attach additional sheets ifnecessary):
~ ~ ~N /;t/ &^"NI~~~G ~ 'EVt1/~ /9-;;:g,
- -r7/E< - .........'" '" N~ r~ ~&,-~ ~ ~ ~......"'~
.:$lA/de!! ~ M;tfp$ w~ ~ IN 1997;. '1Jt-e~..v IAJ
'f?&.~tI e "'17Ii'i )o/t!JN 46""" MMe'1l6CA7vAe ~ ~ ~
Has a previous application been snbmitted for this site within the past two years? Yes_ No x..
AU olthe following must be submitted in order to have a complete application submittal:
(please check as you attach each required item to the application)
0 Complete map amendment application (unaltered and unbound);
0 Correct fee (check or money order to Monroe County Planning & Environmental Resources);
0 Proof of ownership (Le. Warranty Deed);
0 Current Property Record Card(s) from the Monroe County Property APPraiser;
0 Location map;
0 Copy of Laud Use District Map (please request from the Planning & Environmental Resources
Department prior to application submittal);
0 Copy of Future Land Use Map (Please request:from the Planning & Environmental Resources
Department prior to application submittal);
0 Photograph(s) of site trom adjacent roadway(s);
D Signed and Sealed Boundary Surveyt prepared by a Florida registered surveyor -16 sets (at a
minimum, survey should include elevations; location and dimensions of all existing structures, paved areas
and utility structures; all bodies of water OD the site and adjacent to the site; total acreage by land use
district; and total acreage by habitat);
Page 3 of4
Last Re\'ised 0212009
t
I
I
I APPLICATION
I D
1 Typed JUlDle and address malUug labels of aU property owners witJUn a 300 foot radius of tile
property (three seta). This list should be compiled from the current tax rolls of the Monroe County
Property Appraiser. In the event that a condominium development is within the 300 foot radius, each unit
owner must be included
If applicable, tile foUowmg mast be submitted in order to have a complete application submittal:
0 Notarized Agent Autllorizatioa Letter (note: authorization is needed from all owner(s) of the subject
property)
0 Ally Letters ofUnderstaDding pertaining to the Proposed map amendment
If deemed necesswy to complete a fun review of the application, the Planning & Environmental Resources
Department reserves the right to request additional information.
"on contained in this application, and that to the best of my knowledge
on is true, complete and accurate.
Signature of Applicaut: Date: 56 'i-in
Sworn before Die this J.. gI1- :lIJt1
. ',ff( ?UBU STATE OF FLORlDA
" "';'" Cynthia L. Feld
: ,:IJCo~Sion#DD593854
-,...,.,,- ExplI'es: SEP. 30,2010
u-.\uwTHRUATLAl'll1CBONDING co., me.
Please scnd the complete application package to the Monroe County Planning & Environmental Resources
Department, Marathon Government Center, 2798 Overseas Highway, Suite 400, Marathon, FL 33050.
Page4of4
Last Revised 0212009
0... 11U!57'!13 lll!5/13/ae8!5 g,J2AtI
FUad & Ru,,~d'" in OfficIal lIae.rda 0'
nDHROE CDUHTY DANNY L. kDLHAGE
nlls INSTRUMENT PREPARED BY AND RETURN TO:
MARY FlLEDER DEliO DOC STAIIP a.: RHDHDA $3,8811."
Hershoff &. Lupino, L.LP.
90130 OLD HIGHWAY
TAVERNIER, FLORJDA 33070 DocJI 115115753
Property Appraisers Pareelldentllil1al/oll (Folio) NumbeB: 8Ic.2113 'gtI 812
SpICe Above This Line For Rec:ordlng Data
mls WARRANTY DEED, made the 11th day of May, 2005 by Mark H, Gregg, a SIBille mIlD, whose post office
address is P.o. Box 324, MlellllOPY, ilL 32667 herein called the granlllr, to MDJ lllvestme.ats, LLC, . Florida LImited
Liability Co., ...iIoso post office eddress is 99101 Overseas HllIhway, Key Larao. FL 33037, hereinafter called the
Oranlee:
(Wbu.~~ us.d Mntn 1M t.nnz "/l"tlnltJl''' DIId ",..,nr.." includ. all th. parlfu 10 Mil IIti_nt alld ,~ ~;n. l.gaI "prao"'/1livu
tmd auiglti qf~. and". =cur..,.. and asslgm o[CDrpQl'tIllolU)
W J TN Ii: S S Ii: T H: Thallhe grantor, fur and in COIIsideration of the sum ofTEN AND 00/100'8 ($10.00) DoliarJ and
other valuable considerations, receipt whereof is hereby ac1mowledged, hereby grants, barpins, sells, aliem, remisea,
releases, convey! and conf"ums lDlto the gnlfItee all that cenafn land situate in MONROE County, Stale of Florida, viz.:
LoIS I I, 12, 13, 14, 15, 16, 17, 18, III alld 20, Block 2, THOMPSONS SUBDIVISION, SectiOIl "A", according
to the plat thenof, aJ I'eClOrded ia Plat Book I, at Page 147, of the Public Records of MOD roe Couaty, Florida;
alld the East 10 feet of that portioll of FIIbermaa'. trail. adjaceDt aad COlltigUOUS to tbe West boulldary Iille
of Lots 15 aad 16, Block 2,lyIDg betweea tbe Nortb Una of S.Brllb TraU alld tbe SOlltbeasterly Right-Of-Way
line of 014 State Road 4A, ID ThompSOlll Subdivision, SectlOD "A", aecan:l!DIl to the plat tbereof, as recorded
III Plat Book I. at Pagal47, of tile PabUe RlCOr. of Monroe CoUDty, Florida,
Subject to easements, restricdou aDd renrvatloDS of record alld taxel for the year 2005 alld thereafter.
TOGETHER, with all the tenements, hereditaments and 4Ppurtcnances thereto belonging or in anywi~ appertaining.
TO HA VI AND TO HOLD,the same in fee simple forever.
AND, the grantor hereby covenants with said grantee thai the grantor Ia lawfully seized of said land la fee simple; thai the
grantor has good rightllld lawfuJ authority to lIell and convey said land, and hereby wmaots the tille to said land and will
defend the same against the lawful claims of all persons whomsoever; Illld that said Illlld is tiee of all encumbrances, except
taxes accruing subsequent to December 31, 2004.
IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written.
~~
Mark H. Cregg
lhA--rJflilliW ~ t. tJ:"l:
Wilnl:3s #1 PrinltJd Name
'1'f\Q'-b '-PH ~rll v
Witness 112 . at
W'~\~. C:-t.Id~
Willle55 112 mI NlIIIIe
STATE OF FLORmA
COUNTY OF MONROE
The foregoing instrument was acknOWledged before me this 11th day of May, 2005 by Mark H. Gregg who is
personally known 10 me 01 has prodUced -::II.... '"t>t- as identification.
SEAL ~~~
CD ~K~ Nolary Public G
"l 1olr1XllolMlSlOH, DDlm22 flIlIIEs
=.a 21107
. -- -lUlCI,lIIc Printed NotaIy Name
My Commission Expire.s:
I1OI<<OE COUNTY
OFFICIAl.. PUBLIC RECORD
File No: 05-11Jn
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FROM : FAX NO. :305-289-2515 t. 28 212103 11:21AM P1
,. J
! I, "
.... ..
,
~.r'c.',/ ..\ "
Ml.IiJJ.I[S
ZONING BOARD, JUI.Y 23, 1976
MONROE COUNTY 1 :00 P.M. ' .
SHtR,lPF SUB STATION
MARNTHON, FLQRIDA
, ..
CALL' TO 'OROEB t
THIS, TH! 23RO DAY'Or JULY. 1976, THE MONROE COUNTY ZONING
BOARD WAs CALLED TO ORDER.
PLEDGE OF, 4.l-lEGIANCE:
SALUTE TO THE FLAG.
ROLL CA~1., =-
MR. TOM ROBERTS, CHAIRMAN MR. KERMIT LEWIN, SECRETARY
MR. JOHN EDWARDS, VICE CHAIRMAN TO THE BOARD.
MR. TED CARTER [ABSENT) , MR. RICHARD PAYNE, 'ATTORNEY
MR. ED DAVIDSON Ms. JUDY O'DELL, RECORDING
MR. Roy ANDERSON SECRETARY
INTRODUCtiONS OF' SPECIAL GUESTS:
..
SPf:CIAL I TEMS NOT ON THE AGENDA:
MR. EUGtNE COL~INS AND MR. ARTHUR WRIG~T, ASKED THAT THEIR REQUEST
FOR A CHANGE or ZONING BE WAIVED raR THE ONE-YEAR TIMt LIMITATION,
AND THAT THEY BE ALLOWED TO SUBMIT ANOTHER APPLICATION.
"
THE ZONING BOARD WAIVED THE ONE-YEAR TIME LIMITATION ON BOTH OF THE
ABOVE ~PPLIC^NTS.
Y~EfNISHED BUSINESS:
NEW BUS I NE,$S !
ZONING ~~AN~ES ~ HOLD OVER ITEMS -APRIL 21~ 1976
1 . PETER JOSEPH LINZI, JR., REqUEST A CHANG~ OF lONINQ r~OM RU-3
TO eU-2 ON LOTS 1, 2 AND 3, BLOCK "S" OF TROPICANA SUBOIVISION
AS RECORDED IN P~AT BOOK 3, PAGE 13l' LOCATED IN SECTION 1,
TOWNSHIP 66 SOUTH, RANGE 32 EAST. KEY VACA)
A LETTER FROM MR. LENZI, REQUESTING THAT HIS APPLICATION BE
WITHDRAWN AT THE PRESENT TIME.
ZONING CHANGES - HOLD OVER ITEMS - JUNE 2'12.. 1976
1- EODIE ROUILLARD, REQUEST A CHANGE or ZONING FROM GU TO BU-2
ON ^ PART OF 'THE S.W. 1/2 OF LOT 1~, AS RECORDED IN PLAT BOOK
1, PAG6 59 OF GEORGE L. MAC DONALD S PLAT or GOVERNMENT LOTS
5 AND AND THE N.W. 1/4 or THE N.W. 1/4 or SE~'ON 5 AND
GOVERNMCH T LOTS 1 AND 2 0 f" SEe T ION 6, T01ltNSH I P SOUTH, RANGE
a9JEAST. (KEY LARGO) .
'--'"
FROM : FAX NO. : 305-289-2515 .. 28 2003 11: 21AM P2
I ~
J, . . -
.' . ~ 1976
.. -2- Ju~y 23,
, I MINUTES
ZONING BOARD 1:00 P.M.
MR. EDDIE ROIHLLAItD' WAS PRESENT TO SPEltK, IN BtHAU. Of"
HIS REQUEST. 'Hl SuaMITTED A LETTER FROM MR. SIMPSON GIVING
HIM PERMISSION TO REQUEST THE CHANGE OF ZONING. HOWEVER, HE ,
blP NOT SUBMIT A SURVEY OF THE PROP!RTY.
, .
MOTION WAS HADE B~ MR. DAVIDSON TO ~dLD ~HIS ITEM OVER
UNTIL THE NECESSARY PAPERS ARE SU8MITTEO. SECONDED BY
MR. EDWARDS. ROL~ CALL AS FOLLOWS:
MR. EDWARPS Yts
MR. CARTER 1t.eSENl
MR. DAVIDSON Yr:s
MR. ANDERSON YES
MR. ROBERTS YES
MOTION TO HOLD OVER CARRIED UNAMIOUSLY.
2. TOWNSITE SUPER MARKET, INC., REQUEST A BU-2C WITH AN EX-
ISTINQ BU-2 ON LOTS 1 AND a O~ eSLAMORADA SUBOIVISION~ AS
RECORDED IN PLAT BOOK 1, PAGt ~, LOCATED IN StCTION 28,
TOWNSHIP 63 SOUTH, RANGE 37 EAST. (UPPER MATECUMBE KEY)
MR. ALFRED PIMENTAL WAS PRESENt TO SPEAK IN BEHALF' or THE
APPLICATION. HE EXPLAINED THAT THE PACKAGE STORE WOULD
BE PART or THE ENCLOSED BUILDING or THE EXISTING MARKET.
MOTION WAS MADE BY MR,'DAVIDSON TO APPROVE THE REQUEST'
AS IT IS IN KEEPING W TH THE NEEDS OF THE SURROUNDING AREA.
SECONDED BY MR. ANDERSON. ROLL CALI. AS '0 L LO'W5;
MR. EDWARDS YES
MR. CARTER ABSENT
MR. DAVIDSON YES
MR. ANDERSON YES
MR, ROBERTS YES
z~" tiG CHANGES - REGU~AR fTEMS
1 . GEORGE W. EAQER, REQUEST A CHANGE 0' ZONING FROM.QU TO Ru-6
WITH SPECIAL ApPROVAL 'rOR STORAGE OF TRAVEL TRAILERS AND
CAMPtR STORAGE ON THE NORTH 150' rEET or LOT 2, or THE MOPEL
LAND COMPANY PLAT, A8 RECORDED IN PLAT BOOK 1, PAGE 68. LOCATED
IN SECTION 28, TOWNSHIP 61 SOUTH, RANGE 39 EAST. (KEY LARGO)
MR. GEORGE EAGER WAS PREstNT TO SPEAK IN BEHALF OF HIS REQUEST.
HE WITHDREW HIS APPLICAflON AT ,IRST, AND THEN ArTER THE BOARD
HEARD HIS ITEM #3, HE ASKED THAT ITEM #1 at HELD OVER.
SEE ITEM #3 FOR THE MOTION AND RO~L CALL VOTE.
FROM : FAX NO. :305-289-2515 ~t. 28 2003 11:21AM P3
r . I
I ., .
..... '1' MINUTES "3- JULY 23, 1976
" .
ZONING BOARD 1 : 00 P. H .
2. GEORGE W. EAGER, R~QUEST A SPECIAL ApPROVAL FOR THE SALE or
BEER & WINE IN AN EXISTING CONVENIENCE STORE IN AN RU-5P . .
~ZONE, ON 150' FEET By 150' rEET OF THE N.E. CORN~R OF LOT
~ OF THE ~OOE~ LAND COMPANY PLAT AS RECORDED IN PLAT BOOK
I' PAGe 6. LOCATED IN SteTID" 28, TOWNSHIP 61 S?UTH, RANGE
'39 EAST. (KEY LARGO)
MR. GEORGE EACER WAS PRESENT TO SPEAK IN BEHAlr or HIS REQUEST.
MR. EDWARDS MADE A MOTION TO 6RANT THE REQUEST I N V I EW 0 F T HI:
FACT THAT IT IS A~PROP.IATE WITH THE ORDINANCE. SECONDED BY
MR. DAVIDSON. ROLL CALL WAS TAKEN AS FOLLOWS:
MR. EDWARDS . YES
MR. CARTER ABSf:NT
I' MR. DAVIDSON YES
' I
MR. ANDERSON YES
MR. ROBERTS YES
MOTION CARRIED UNAMIOUSLY TO APPROVt THE REQUEST.
3. GEORGE W. EAGER, RtQUESf A CHANGE OF ZONING FROM RU-2 TO aU-2
ON LOTS '5 THRU 21 OF BLOCK ~, OF SUNSET WATERWAY SUBOIVISaON,
AS RECORD~D IN PLAT BOOK 4, AGE 31. LOCATED IN SECTION 2 ,
TOWNSHI P 1 S~UTH, RANGE 39 EAST. (KEY LARGO) '.
MR. GEORGE EAGER WAS PRESENT TO SPEAK IN BEHA~r op HIS REQUEST,
AND HE ASKED THAT' lTEt.1#l AND ITEM #3 BE HELD OVER SO HE CAN
QET TOGETH[R WITH THE ATtORNEY AND GtE WHAT HAS TO BE DONE.
MOTION WAS HAD.E BY MR. DAVIDSON TO HOLD THIS ITEM AND ITEM #1
OVER, SECONDED BY MR. ANDERSON. ROLL CALL WAS AS FOLLOWS:
MR. EeWARDS YES
MR. CARTER ASSENT
MR. DAVIDSON YES
MR. ANDERSON YES
MR. ROBERTS YES
MOTION CARRIED UNAMIOU$LY TO HOLD THE TWo ITEMS OVER.
4. RUJ 0,1 INC., REQUEST A CHANGE or ZONING r~OM RU-l TO BU-2
ON LOTS 12 THRU '9, BLOCK 2 OF THOMPSON'S SUBDIVISION AS
R E COR 0 ED. I N P L A T 600 f( 1, P ^ G E 147, ^ N D L 0 CAT E 0 INS f: C T ION
32, TOWNSHIP 61 SOUTH, RANGE 39 EAST. (KEY LARGO)
MR. KEN SMITH WAS PRESENT REPRESENTING THE APPLICANTS, MR.
& MRS. LOMBARDO WHO WERE ^~SO PRESENT.
MR. KeN SMITH AMtNDED THE APPLICATION FOR A BU-l WITH SPECIAL
APPR04AL rOR RETAIL SALES FOR rURNITURE AND CLOTHING ON LOTS
13, 1 , 15, 16, AND 17 ONLY.
MOTION WAS MADE BY MR, EDVAROS TO ADOPT A RESOLUTION DtNING
THE REQUEST AS STATED AND APPROVE THE REQUEST AS HODlrlED BY
KEN SMITH~ FOR TH~ APPLICANT, TO THE EXTENT THAT IT tNCLUDES
FROM: FAX NO. : 305-289-2515 .. 28 2003 11: 21AM P4
~ . ,
~, .. . . .
. .. ,
~. ~, MfNurEs -4- JULY 23, 1976
' .
ZONING BOARD 1:00 P.M.
LOTS 13, 14~ '15" 16 AND '7, THEREBY EXCLUDING LOTS 12, 18 AND
,19 AND THAT IT aE APPROV(D FOR aU-l WfT; A SPECIAL USE PERMI~
'FOR THE RETAIL SALES FOR FURNITURE AND CLOTHING ONLY. MR. . -
ANDERSON SECONDED THE MOT raN. ROLL CALL ~AS TAKEN AS rOtLowS:
.
. . ".".',\Jr.MR. EDWARDS YES
.. .
;.)1R. CART.ER ~f)S E NT
MR. DAVH)SON YES
MR. ANDERSON YES
MR. ROBtRT5 hlOl
THE MOTION CARRIED UNAMIOUSLY' By A 3 TO 1 VOTt WITH 1 ABSENT
MEMBt:R.
5. SOUTHERN BELL TelEPHONE & TELEGRAPH CO., ReQUEsT A CHANGE or
ZONING 'ROM BU-1 TO BU-2 ON LOTS 15 AND 16, BLOCK 10, or
P~ANTATrON BEACH SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE
l . .LOCATED IN SECTION 7, .TOWNSHIP 63 SOUTH, RANGE 38 EAST.
PLANTATION KEY) .
MR. HILL & MR. BALDWIN WERE PRESENT TO SPEAK IN BEHALF OF THIS
APPLICATION.
MR. DAVIDSON MADE A MOTION TO APPROVE THE APPLICATION TO PRO-
MOTE THE QENE~A~ WELrARE AND IN KE~PIN~ WITH THE SURROUNDING
PROPERTY. SECONDED BY MR. ANDERSON. ROLL CALL WAS TAK~N AS
FOLLOVS:
, . M~. EDWARDS YES
" MR. CARTER ABSENT
MR. DAVIDSON YES
MR. ANDERSON YES
MR. ROBERTS YES
THE MOTION CARRIED UNAMIOUSLV TO APPROVE THE RfQUEST.
*****************
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ID# 00441050-000000 ill 00440420-000000
THOMPSONS SOOD-KEY LARGO PBl147 LOT 10 BK 3 LT 19 THOMPSONS SUBD KEY LARGO
MONROE CO. COMP PLAN LAND AUTHORITY TIITF C/O DEP
3706 N ROOSEVELT BLVD,SUITE 1 3900 COMMONWEALTH BLVD
KEY WEST, FL 33040 TALLAHASSEE, FL 32399-3000
ID 00440410-000000 ill 00440380-000000
BK3LT18THOMPSONSSUBD THOMPSONS SUBD-KL PBI-147 W 10FT LOT 16
FERNANDEZ, ERIC A MONROE COUNTY
504 BLUEFISH TR 500 WHITEHEAD STREET
KEY LARGO, FL 33037 KEY WEST, FL 33040
ID 0040360-000000 In 00440430-000000
BK 3 LT 15 THOMPSONS SUBD-KL JOHN & BK 3 LT 20 THOMPSONS SUBD-KL
MARTHA BELL HENDRICKS,ROBERT A TRUSTEE
605 SAILFISH TRAIT- 2555 PONCE DE LEON BLVD, STE 320
KEY LARGO, FL 33037 CORAL GABLES, FL 33134-6033
In 00440390-000000 In 00440370-000000
THOMPSONS SUBD-KLPBl-147 PT LOT 17 THOMPSONS SUBD-KLPBl-147 LOT 16 SQ
BLANCO, GLADYS G 3KLUTZ,WILLIAM EDWARD
932 SW 136 PL 104500 B-1 04 OVERSEAS HWY
MIAMI, FL 33184 KEY LARGO, FL 33037
ill 00440300-000000 ill 00440170-000000
BK 3 LT 9 THOMPSONS SOOD-KL BK 3 LT 22 THOMPSONS SUBD-KL
BARBARA HOLLER LYMAN, TIMOTHY J & DEBRA
P. O. BOX 238 190 VENETIAN WAY
TONAWANDA, NY 14150 ISLAMORADA, FL 33036
ID 00440180-000000 ill 00440 190~000000
BK 3 LT 23 THOMPSONS SUBD-KL BK 3 LT 24 THOMPSONS SUBD-KL
WEBB, WILLIAM C BA YLES,CATHERINE ZAIR
1300 NW 167TH ST 4568 WOODLANDS VILLAGE DR
MIAMI, FL 33169 ORLANDO, FL 32835
ID 00505750-000000 ill 00440020-000000
SUNSET COVE PBI-165 KEY LARGO BK 2 LOT 6 THOMPSONS SUBD-KL
KEY LARGO VOLUNTEER FIRE DEPT KERN, RICHARD L
P. O. BOX 782 2522 SW NATIONAL CIR
KEY LARGO, FL 33037 PORT ST Lucm, FL 34953
In 00504940-000000 In 00504310-000000
SUNSET COVE KEY LARGO LOTS 1-11 SUNSET COVE PB 1-165 KEY LARGO
RESORTS OF KEY LARGO DALTON, PETER 0
99202 OVERSEAS HWY 3168 HIGHWAY 17 SOUTH
KEY LARGO, FL 33037 ORANGE PARK, FL 32073
TIDOO088000-000000 ID 00522411-000100
32-612-39 IS LAND OF KEY LARGO CAPE SUBDIVISION KEY LARGO PB6-92
KAZI FOODS OF KEY WEST INC SWEETINGS FOUR.
P. O. BOX 11239 P. O. BOX 370141
ST THOMAS,VI 00801-4239 KEY LARGO, FL 33037-0141
ID 00522411-000200 ID 00087980-000000
CAPE SUBDMON KEY LARGO 3261 39 A61932-22 ISLAND OF KEY LARGO
TACO BELL OF AMERICA INC FmsT BAPTIST CHURCH OF KEY LARGO
TBC TAX #004404 99001 OVERSEAS HWY
P. O. BOX 35370 KEY LARGO, FL 33037
LOmSVILLE,KY 40232-5370
t-ronk li t.HIOU
Surveyors. Engineer$. Planners
103400 O_as Hwy. Suile 9. Key l.arga. Flarida 33037
Ph. (3051 451- 3636
.. Ol~,._ ., .....Yt8tON Ibl,flla. COIIroU'l'tOfrt
".
NO. A"fd~'-. ,.
" ClIITlfllD TOI ll.ark H. Gregg. Attor:ley's 71t!e Insurance Fund, Inc. ,IIeL~?~, lIel..u.
DESC~Il'TION: Lot 11, 12, 13, 14, IS, 16, 17, 18, 19, 20, Block 2, Thorapso:ls Subd1Vision " COUlffT.Pt...
Cjeet10n IIAIl, as recorded In t.he plat: ::hereof. rEc.orded in Plat Book I, Page 147, .
Public !'.ecords of 1I0nroe County. Florida. 'l'ollether with tbe East te" feet of tha~ porcior. of . '. :'. :.
Fioherman's Trail s shown on th.e ~lat of !hompso1\S Subdivision, Sect,iol:. HAil, as recorded 1:1 P14t 3Qbk"L,'-
Page 147, Publ1e llaeords of Monroe County, Flor;,da, lying hecveer. th~ North line of Sailfish -Tra11.
as shown on said r.at and the Southeasterly sids of Old Sc~re Roed 4A (formerly Dixie Highway)
Less and Except the Northwesterly !>Ort~on of !.at 15, Block 2. occupied by tl:e South-Easts"ly
Pight -of-Way of Old State Road 4-A.
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