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Ordinance 028-20102 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. 028 -2010 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CREATING GOAL 107 OBJECTIVE 107.1 AND POLICY 107.1.2 OF THE MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN TO ESTABLISH A POLICY FOR PROPERTY DESCRIBED AS RAMROD KEY MIXED USE AREA 1 COMPRISED OF A PORTION OF RE # 00114150- 000000 (8.46 ACRES) AND ALL OF RE # 00114150 - 000400 (2.6 ACRES), RAMROD KEY, MONROE COUNTY, FLORIDA, GULF SIDE, APPROXIMATELY MILE MARKER 26.5; PROVIDING FOR SEVERABILITY; DIRECTING THE DIRECTOR OF PLANNING TO FORWARD A COPY TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR FILING WITH THE SECRETARY OF STATE; PROVIDING FOR THE INCORPORATION INTO THE COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Roseann & Rudolph Krause (Applicant) submitted an application to amend the Monroe County Year 2010 Comprehensive Plan on April 29, 2008 from Residential Low (RL) to Mixed Use / Commercial on the entire RE # 00114150- 000400 (2.6 acres) and on a portion of RE # 00114150- 000000 (8.46 acres); and WHEREAS, a public hearing took place on January 26, 2009 to consider transmittal of a Resolution 2009 -003 to the Florida Department of Community Affairs (DCA) at the request of Roseann & Rudolph Krause, proposing an ordinance to amend the subject property's Future Land Use Map (FLUM) designation from Residential Low (RL) to Mixed Use / Commercial (MC); and WHEREAS, the DCA sent its Objections, Recommendations and Comments (ORC) to the 09 -01 Monroe County Comprehensive Plan Amendment package on April 7, 2009 and WHEREAS, on June 2, 2009, the Future Land Use Map amendment was adopted by the BOCC by Ordinance 018 -2009 which was accompanied by the staff report addressing the ORC; and P. 1 of 5 BOCC: October 20, 2010 Exhibit 1— Settlement Agreement Exhibit 2 — Future Land Use Element of the Comprehensive Plan 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, Ordinance 018 -2009 was the subject of DOAH Case No. 09- 4153GM between the DCA, the County and the Applicant, as Intervernors; and WHEREAS, the DCA issued its Statement of Intent (Exhibit A of attached Settlement Agreement Exhibit 1) finding the amendment not in compliance pursuant to Section 163.3184(10), Florida Statutes, and Rule 9J- 11.012(6), F.A.C.; and WHEREAS, the Applicant has consented to the Settlement Agreement (Exhibit 1) and the Settlement Agreement was approved by the County on October 20, 2010 and by the DCA on October 20, 2010; and WHEREAS, Exhibit B of the attached Settlement Agreement (Exhibit 1) includes proposed text to be added to the Monroe County Comprehensive Plan designating Ramrod Key Mixed Use Area 1 that includes specific regulations that allow development to occur subject to limitations and conditions designed to protect natural resources; and and WHEREAS, Monroe County supports the creation of Ramrod Key Mixed Use Area 1; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Monroe County Year 2010 Comprehensive Plan is amended pursuant to the Settlement Agreement (Exhibit 1) as shown on the attached Exhibit 2 to create Goal 107, Objective 107.1, and Policy 107.1.2 that establishes a Ramrod Key Mixed Use Area 1 as described below. Section 2. The Monroe County 2010 Comprehensive Plan is amended as follows: 29 GOAL 107 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Monroe County shall regulate land use and development activities of scarified and/or filled portions of parcels containing environmentally sensitive areas, by the enactment of area- specific regulations that allow development to occur subject to limitations and conditions designed to protect natural resources. Objective 107.1 Monroe County shall coordinate Land Use with the Elements of the Comprehensive Plan through Future Land Use Element Sub -Area Policies Applicable to a Specific Geographic Area. These sub -area policies identify parcels of land that require 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 P. 2 of 5 BOCC: October 20, 2010 Exhibit 1 — Settlement Agreement Exhibit 2 — Future Land Use Element of the Comprehensive Plan 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Policy 107.1.2 Ramrod Key Mixed Use Area 1 Only the land uses listed in paragraphs 1 -4 below shall be allowed on the parcels shown in the table following as Ramrod Kev Mixed Use Area 1: REAL ESTATE NUMBER TOTAL ACREAGE ACRES FLUM DESIGNATION CONSERVATION EASEMENT ACREAGE BERM TO BE LOCATED ON PARCEL 0.79 N/A N/A Ramrod Key 00114150 - 000000 18.12 8.46 Mixed Use Area N/A x 1 8.87 RC 8.87 Ramrod Key 00114150 - 000400 2.6 2.6 Mixed Use Area 0 1 And on which a concentration of non - residential uses exists, including approximately 15,325 square feet of commercial floor area devoted to the uses listed below. 1. Storage, warehousing, and processing of equipment and materials utilized or generated in construction, demolition and land clearing, together with ancillary activities, including, but not limited to: a. Administrative offices. b. Workshops and equipment maintenance areas, outdoors and within structures. C. Garages and outdoor parking for construction and demolition equipment and machinery. d. Outdoor and covered storage and processing of demolition debris and construction materials. e. Storage buildings. f. Above - ground fuel tanks. 2. An antenna supporting structure with accessory building. 3. Residential uses consistent with the former RL future land use map designation and with SS zoning. Single family residences shall be limited to the existing residence (including any replacement thereof) and no more than four (4) additional single family residences. 4. Outdoor storage, refinishing, repair and/or rebuilding of vehicles, boats and trailers that do not constitute a heavy industrial use. P. 3 of 5 BOCC: October 20, 2010 Exhibit 1— Settlement Agreement Exhibit 2 — Future Land Use Element of the Comprehensive Plan 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Development of the Ramrod Key Mixed Use Area 1 shall be subject to the restrictions set out below: 1. Wetlands and hammock areas adjacent to outdoor storage shall be protected by: a. Recordation of a conservation easement prohibiting all development activities on the approximately 8.87 acres of wetlands within the Easterly portion of parcel 00114150 - 000000. The area to be conserved is delineated on the map below. b. Construction and maintenance of a berm, no less than 3 feet in height, on scarified land along the Westerly edge of the wetlands portion of parcel 00114150- 000000 as depicted on the map below, to protect the wetlands from stormwater runoff. Prior to issuing any permit for berm construction, Monroe County shall require submission of a stormwater management plan adequate to protect the wetlands portion of the parcel from degradation attributable to stormwater runoff from the adjacent scarified portion utilized for outdoor storage, construction, and demolition activities. RAMROD KEY MIXED USE AREA 1 N } RAMROD KEY 77ED I RE 'V ee� 1 MC (0 79 ac) RE # 00114150-000400 ® RC CONSERVATION EASEMENT (6.878C) (268C) Q Rammd Kay MV area (8 46 +2.6 = 11.06 ac) parcel, 00114150- 000000 USE AREA 1 Berm MC (0.79 ac) y 10114150.0000 (8'46 ac) CONSERVATION EASEMENT 001141504)00000 RC (8.87 ac) Kay: Ramrod MIN Marker: 26.6 Map Amendment 9! M28097 Acreage:6.87Aene 22 23 24 25 Nanning Had— 2010 Data of Adoption: October 20, 2010 2. Development shall be contingent on any required coordination and/or approval from the United States Fish & Wildlife Service. P. 4 of 5 BOCC: October 20, 2010 Exhibit 1 — Settlement Agreement Exhibit 2 — Future Land Use Element of the Comprehensive Plan 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Section 3. 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 validity. Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 5. This ordinance shall be transmitted by the Director of Planning to the Department of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes. Section 6. This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance with Chapter 163, Florida Statutes and after any applicable appeal periods have expired. Section 7. The numbering of the foregoing amendment may be renumbered to conform to the numbering in the Monroe County Year 2010 Comprehensive Plan and shall be incorporated in the Monroe County Year 2010 Comprehensive Plan. 24 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 25 gori& at a regular meeting held on the 20th day of October A.D., 2010. 26 0 -• 27 c-) Ljj N -_ Mayor Sylvia Murphy Yes 28 �; Mayor pro tem Heather Carruthers Yes 29 � Commissioner Kim Wigington No 30 u- N Commissioner Mario Di Gennaro Yes 31 w Commissioner George Neugent Yes 32 33 34 35 36 37 38 39 40 41 42 43 44 45 a N ` BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY GGG2 Mayo Sylvia urphy ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK P. 5 of 5 MONROE U TTORNEY APP R D AS FORM Date: O- - BOCC: October 20, 2010 Exhibit 1- Settlement Agreement Exhibit 2 - Future Land Use Element of the Comprehensive Plan Exhibit 1 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS Petitioner, VS. MONROE COUNTY, Respondent, and RUDOLPH AND ROSEANN KRAUSE, Intervenors. DOAH Case No. 09- 4153GM STIPULATED SETTLEMENT AGREEMENT THIS STIPULATED SETTLEMENT AGREEMENT is entered into by and between the Petitioner, DEPARTMENT OF COMMUNITY AFFAIRS, Respondent, MONROE COUNTY, and Intervenors, RUDOLPH AND ROSEANN KRAUSE, as a complete and final settlement of all claims raised in the above - styled proceeding. RECITALS WHEREAS, the State of Florida, Department of Community Affairs (hereafter "DCA" or "Department "), is the state land planning agency and has the authority to administer and enforce the Local 1 Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes; and WHEREAS, Monroe County is a local government with the duty to adopt comprehensive plan amendments that are in compliance; and WHEREAS, Rudolph and Roseann Krause (hereafter "Krause ") are the owners of real property located on Ramrod Key in Monroe County, on which they conduct ongoing business activities; and WHEREAS, Krause filed an application for a comprehensive plan amendment to amend the subject property's Future Land Use Map (FLUM) designation from Residential Low (RL) to Mixed Use /Commercial (MC); and WHEREAS, Monroe County adopted the requested amendment in Ordinance Number 018 -2009 on June 2, 2009; and WHEREAS, the Department issued its Statement of Intent finding the amendment not in compliance pursuant to Section 163.3184(l 0), Florida Statutes, and Rule 9J- 11.012(6), F.A.C.; and WHEREAS, Monroe County and Krause contend that the amendment is in compliance; and WHEREAS, the above - styled proceeding was initiated pursuant to Section 163.3184(10), Florida Statutes; and WHEREAS, the parties wish to avoid the expense, delay, and uncertainty of lengthy litigation and to resolve this proceeding under the terms set forth herein, and agree it is in their respective mutual best interests to do so; NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, and in consideration of the benefits that will accrue to each of the parties, the receipt and sufficiency of which are hereby acknowledged, the parties hereby represent and agree as follows: 2 GENERAL PROVISIONS Definitions As used in this agreement, the following words and phrases shall have the following meanings: a. Act: The Local Government Comprehensive Planning and Land Development Regulation Act, as codified in Part II, Chapter 163, Florida Statutes. b. Agreement This stipulated settlement agreement. C. Comprehensive Plan Amendment or Plan Amendment the Comprehensive plan amendment adopted by Monroe County on June 2, 2009, as Ordinance No. 018 -2009. d. DOAH The Florida Division of Administrative Hearings. e. In compliance or into compliance The meaning set forth in Section 163.3184(1)(b), Florida Statutes. f. Notice The STATEMENT OF INTENT TO FIND COMPREHENSIVE PLAN AMENDMENTS NOT IN COMPLIANCE, Docket No. 09- 1 -NOI-4401 -(A)-(N) issued by the Department. g. Proceeding The above - styled proceeding initiated pursuant to Section 163.3184(10) by the Department's publication of its Notice in this case. h. Remedial Action A remedial plan amendment, submission of support document or other action described in this agreement as an action which must be completed to bring resolution to the issues in the pending action and bring the plan amendment into compliance. i. Remedial Plan Amendment An amendment to the plan or support document, the need for which is identified in this agreement, including its exhibits, and which the local government must adopt to complete all remedial actions. Remedial plan amendments adopted 3 pursuant to this Agreement must, in the opinion of the Department, be consistent with and substantially similar in concept and content to the ones identified in this Agreement or be otherwise acceptable to the Department. j. Support Document The studies, inventory maps, surveys, data, inventories, listings or analyses used to develop and support the Plan Amendment or Remedial Plan Amendment. 2. Department Powers The Department is the state land planning agency and has the power and duty to administer and enforce the Act and to determine whether the Plan Amendment is in compliance. 3. Negotiation of Agreement The Department issued its Notice of Intent to find the Plan Amendment not in compliance. The above - styled proceeding commenced pursuant to Section 163.3184(10). Krause filed a Petition to Intervene, which was granted. Subsequently, the parties conferred and agreed to resolve the issues in this Proceeding through this Agreement. It is the intent of this Agreement to resolve fully all issues between the parties in this Proceeding. 4. Dismissal If the Local Government completes the Remedial Action required by this Agreement, the Department will issue a Notice of Intent addressing the Remedial Plan Amendment. The Department will file the Notice of Intent with DOAH. The Parties will also file a request to relinquish jurisdiction to the Department for dismissal of this proceeding or for realignment of the parties, as appropriate under Section 163.3184(16)(f), Florida Statutes. 5. Description of Provisions not in Compliance and Remedial Actions; Legal Effect of Agreement Exhibit A to this Agreement is a copy of the Statement of Intent, which identifies the Plan Amendment as being not in compliance. Exhibit B sets out a Remedial Action needed for resolution of the issues herein and compliance. Exhibit C is a Future Land Use Map Amendment identifying the sub- area boundaries and area. Exhibit D is a Conservation Easement depicting the area to be protected from 4 disturbance and development. Exhibits A, B, C, and D are incorporated in this Agreement by this reference. This Agreement constitutes a stipulation that if the Remedial Actions are accomplished, the Plan Amendment will be in compliance and the Local Government will record the Conservation Easement after entry of a Final Order by the Department. 6 Remedial Actions to be Considered for Adoption The Local Government agrees to consider for adoption by formal action of its governing body all Remedial Actions described in Exhibits B, C, and D no later than the time period provided for in this Agreement. 7 Adoption or Approval of Remedial Plan Amendments Within 60 days after execution of this Agreement by the parties, the Local Government shall consider for adoption all Remedial Actions or Plan Amendments and amendments to the Support Documents. This may be done at a single adoption hearing. Within 10 working days after adoption of the Remedial Plan Amendment, the Local Government shall transmit 5 copies of the amendment to the Department as provided in Rule 9J- 11.0131(3), Florida Administrative Code. The Local Government also shall submit one copy to the regional planning agency and to any other unit of local or state government that has filed a written request with the governing body for a copy of the Remedial Plan Amendment and a copy to Intervenors. The Remedial Plan Amendment shall be transmitted to the Department along with a letter which describes the remedial action adopted for each part of the plan amended, including references to specific portions and pages. 8. Acknowledgment All parties to this Agreement acknowledge that the "based upon" provisions in Section 163.3184(8), Florida Statutes, do not apply to the Remedial Plan Amendment. 9. Review of Remedial Plan Amendments and Notice of Intent Within 30 days after receipt of the adopted Remedial Plan Amendments and Support Documents, the Department shall issue a Notice of Intent pursuant to Section 163.3184, Florida Statutes, for the adopted amendments in accordance with this Agreement. In Compliance If the adopted Remedial Actions satisfy this Agreement, the Department shall issue a Notice of Intent addressing the Remedial Plan Amendment as being in compliance. The Department shall file this notice with DOAH and shall move to have this proceeding dismissed. b. Not in Compliance If the Remedial Actions do not satisfy this Agreement, the Department reserves the right to proceed to hearing in this matter. 10. Effect of Amendment Adoption of any Remedial Plan Amendment shall not be counted toward the frequency restrictions imposed upon plan amendments pursuant to Section 163.3187(1), Florida Statutes. 11. Purpose of this Agreement; Not Establishing Precedent The Parties enter into this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of disputes arising out of or related to the Plan Amendment. The acceptance of proposals for purposes of this Agreement is part of a negotiated agreement affecting many factual and legal issues and is not an endorsement of, and does not establish precedent for, the use of these proposals in any other circumstances or by any other local government. 12. Approval by Governing Body This Agreement has been approved by the Board of County Commissioners of Monroe County governing body at a public hearing advertised at least 10 days prior to the hearing in a newspaper of general circulation in the manner prescribed for advertisements in Section 163.3184(15)(e), Florida Statutes. This Agreement has been executed by the appropriate officer as provided in Monroe County's charter or other regulations. 13. Changes in Law Nothing in this Agreement shall be construed to relieve either party from adhering to the law, and in the event of a change in any statute or administrative regulation inconsistent with this agreement, the statute or regulation shall take precedence and shall be deemed incorporated in this Agreement by reference. 14. Other Persons Unaffected Nothing in this Agreement shall be deemed to affect the rights of any person not a party to this Agreement. This Agreement is not intended to benefit any third party. 15. Attorney Fees and Costs Each party shall bear its own costs, including attorney fees, incurred in connection with the above - captioned case and this Agreement. 16. Effective Date This Agreement shall become effective immediately upon execution by the Intervenor, the Department and Monroe County. 17. Filing and Continuance This Agreement shall be filed with DOAH by the Department after execution by the parties. Upon the filing of this Agreement, the administrative proceeding in this matter shall be stayed by the Administrative Law Judge in accordance with Section 163.3184(16)(b), Florida Statutes. 18. Retention of Right to Final Hearing The parties hereby retain the right to have a final hearing in this proceeding in the event of a breach of this Agreement, and nothing in this Agreement shall be deemed a waiver of such right. Any party to this Agreement may move to have this matter set for hearing if it becomes apparent that any other party whose action is required by this Agreement is not proceeding in good faith to take that action. 19. Construction of Agreement All parties to this Agreement are deemed to have participated in its drafting. In the event of any ambiguity in the terms of this Agreement, the parties agree that such ambiguity shall be construed without regard to which of the parties drafted the provision in question. 20. )entire Agreement This is the entire agreement between the parties and no verbal or written assurance or promise is effective or binding unless included in this document. 21. Governmental Discretion Unaffected This Ageernent is not intended to bind the "I Government in the exercise of governmental dismtion which is exercisable in accordance with law only upon the giving of appropriate public notice and required public hearings. 22. Multiple Qrd ig nals This Agreement may be executed in any number of originals, all of which evidence one agrtxment, and only one of which need be produced for any purpose. 23. Captions The captions inserted in this Agreement are for the purpose of convenience only and shall not be utilized to construe or interpret any provision of this Agreement. IN WYfMESS WIMMF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized DEPARTMENT OF COMMUNTTY AFFAIRS Sy: Ch es Ga er, AICP, ire Division of Community Planning AP v as to f and legali Assistant General Counsel Date 8 >NERS Deputy Clerk Approved as to form and ality: Assistam Monroe Cola Attorney Date: INTERVENORS: f / _J AUQvjpn m muse . mss+--- - Roseann Krause Date /v- /9, /d Date Approved as to form and legality: /© ,/ 4tefs"tED EXHI BIT A STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST REC GovemOf July 24, 2009 The Honorable George Neugent, Mayor Monroe County Board of County Commissioners 25 Ships Way Big Pine Key, Florida 33043 Dear Mayor Neugent: Eti.t, •.� •I i• v a 1 1 L� The Department has completed its review of the Monroe County Comprehensive Plan amendments (DCA No. 09 -1) adopted by Ordinances 017a -2009, 018 -2009, 019 -2009, 020- 2009, 021 -2009 and 022 -2009 on June 2, 2009. The Department has determined that Ordinances 017a -2009, 019 -2009, 020 -2009, 021 -2009 and 022 -2009 are "in compliance" as defined by Section 163.3184(1)(b), Florida Statutes. The Department has determined that Ordinance 018- 2009 is "not in compliance" with the requirements of Chapter 163, Part II, Florida Statutes (F.S.), Chapter 380, Part I, F. S., and Rule 9J -5, Florida Administrative Code (F.A.C.). The Department is issuing a Statement of Intent and Notice of Intent to find a portion of the Amendment package "not in compliance." The Notice of Intent has been sent to the Key West Citizen for publication on July 27, 2009. The future land use map amendment adopted by Ordinance 018 -2009 is not in compliance because the map amendment is not consistent with the goals, objections and policies within the elements of the comprehensive plan. The map amendment is inconsistent with the Smart Growth policies and the Tier System of the comprehensive plan which describe the finite capacity for new development without compromising the biodiversity of the natural environment as well as direct the preponderance of future development to Tier III designated areas. The enclosed Statement of Intent further describes the specific issues resulting in the "not in compliance" finding as well as recommended remedial actions. Please note that a copy of the adopted amendment and the Department's Statement of Intent and Notice of Intent to find the amendment not in compliance must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Monroe County, Planning Department, 2798 Overseas Highway, Marathon, Florida 33050. In addition, Section 163.3184 (8)(c)2, F.S., requires a local government that has an Internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the Notice of Intent. 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399 -2100 850- 488 -8466 (p) • 850- 921 -0781 (f) • Website* www dca state N us • COMMUN" PLANNING 950 - 488- 2356Ipt 85(}488.3309 (f) • FLORIDA COMMUNITIES TRUST 850-922-2207(p) 850- 921 -1747 (Q • HOUSING AND COMMUNITY DEVELOPMENT 850-48&7956(p)850-Q22-5623(n The Honorable George Neugent, Mayor July 24, 2009 Page 2 The Notice of Intent and the Statement of Intent must be forwarded to the Division of Administrative Hearings of the Department of Management Services for the scheduling of an administrative law judge pursuant to Section 120.57, F.S. We are interested in meeting with you and your staff at your convenience for the purpose of developing an acceptable solution to the not in compliance finding. If any affected person challenges the in compliance portion of the Notice of Intent, you will have the option of mediation pursuant to Section 163.3189(3)(a), F.S. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. If you have any questions, or are interested in discussing a compliance agreement, please contact Rebecca Jetton, Area of Critical State Concern Administrator at 850- 922 -1766. Sincerely yours, Mike McDaniel, Chief Office of Comprehensive Planning MM/ams Enclosures: Notice of Intent Statement of Intent cc: Andrew Trivette, Growth Management Director Carolyn Dekle, Executive Director, South Florida Regional Planning Council STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN RE: MONROE COUNTY COMPREHENSIVE PLAN AMENDMENT 09 -1; ORDINANCE NUMBER 018 -2009 AMENDING THE FUTURE ocket No. 09- 1 -NO1- 4401- (A) -(N) LAND USE MAP STATEMENT OF INTENT TO FIND COMPREHENSIVE PLAN AMENDMENTS NOT IN COMPLIANCE The Florida Department of Community Affairs, pursuant to Section 163.3184(10), Florida Statutes, and Rule 9J- 11.012(6), Florida Administrative Code, hereby issues this Statement of Intent regarding the Comprehensive Plan amendment adopted by Monroe County Ordinance Number 018 -2009 on June 2, 2009, not "in compliance." The Department finds the Comprehensive Plan amendment not "in compliance," based upon the Objections, Recommendations and Comments Report (ORC Report) issued by the Department on April 7, 2009, which is hereby incorporated by reference. The Department finds that the Comprehensive Plan amendment is not "in compliance" as defined in Section 163.3184(I)(b), Florida Statutes, because the amendment is not consistent with Chapter 163, Part II, Florida Statutes, the State Comprehensive Plan, Rule 9J -5, Florida Administrative Code, and Chapter 380, Part 1, Florida Statutes for the following reasons: I. FUTURE LAND USE MAP (FLUM) CHANGES A. Inconsistent provisions The amendment does not meet the requirements of Rule 9J- 5.005(5)(b), F.A.C., which requires that each map depicting future conditions reflect the goals, objections and policies within all elements of the comprehensive plan. The amendment is internally inconsistent with the adopted Comprehensive Plan and inconsistent with Chapter 163, Part II, F.S., Rule 9J -5, F.A.C., and Chapter 380, Part 1, F.S., for the reasons noted. I 1. The significant environment of the Florida Keys prompted its designation by the Florida Legislature as an Area of Critical State Concern in December, 1975. The Florida Keys are the location of North America's only coral reef and home to over 30 species of threatened and endangered species of flora and fauna. Monroe County's Goals, Objectives and Policies of the Comprehensive Plan have multiple adopted strategies to protect significant resources and regulate growth, such as the Future Land Use Map designations, tier overlay designations and a competitive point system for residential and non- residential growth. Ordinance 018 -2009 amended the Future Land Use designation for two adjacent parcels under common ownership [western portion (8.46 acres) of the larger parcel and the entire smaller parcel (3.01 acres)] from Residential Low (RL) to Mixed -Use Commercial (MC). Both parcels are designated Tier I and are surrounded by Tier I designated lands. These neighboring and adjacent Tier I designated lands include tropical hardwood hammock, freshwater wetlands, saltmarsh and buttonwood vegetation and habitat for the endangered Key Mud Turtle (Kinosternon baurii) and Key Deer (Odocoileus virginianus clavium). Monroe County Comprehensive Plan Policy 105.2.1 defines Tier I as an area "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." Monroe County Comprehensive Plan Goal 105 and Policies 105.1.5 and 105.1.6 implement smart growth policies and recognize the finite capacity for new development without compromising the biodiversity of the natural environment and the continued ability of the natural and manmade systems to sustain livable communities as well as direct the preponderance of future development to areas designated as an overlay on the zoning map(s) as Intill (Tier 11I). Ordinance 018 -2009 (Future Land Use Map amendment) allows additional development potential in a location of important vegetative communities that are the known locations of listed federal, state, or local species of concern. One of the criteria for designating land as Tier 1 is the known locations of threatened and endangered species. Increasing the residential density and commercial intensity of this parcel designated Tier I and surrounded by Tier I designated lands is internally inconsistent with Monroe County Comprehensive Plan Goal 105 and Policies 105.1.5 and 105.1.6. Further, the Future Land Use Map amendment is inconsistent with Section 163.3177(2), F.S., and Rule 9J.5- 005(5), F.A.C., which requires that the Comprehensive Plan be implemented in a consistent manner and each map depicting future conditions reflect the goals, objections and policies within all elements of the comprehensive plan. Ordinance 018 -2009 is inconsistent with Section 380.0552(7), Florida Statutes, Principles for Guiding Development (a): to strengthen Iocal 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; (b): to protect shoreline and marine resources, including mangroves, coral reef formations, sea grass beds, wetlands, fish and wildlife, and their habitat; and (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. Ordinance 018 -2009 is inconsistent with Section 380.0552(7), Florida Statutes, Principles for Guiding Development because it is directing growth to an area within known, probable, or potential threatened or endangered species habitat and may increase secondary impacts to the habitat value and environmental sensitivity. Further, Ordinance 018 -2009 is inconsistent with Rule 9J- 5.012(3)(c) 1, F.A.C., to limit the specific and cumulative impacts of development or redevelopment on wetlands, water quality, wildlife habitat, living marine resources, and beach and dune systems. The request for increased intensity and density adjacent to land containing threatened and endangered species is inconsistent with Rule 9J- 5.006(3)(c)2, F.A.C., which requires provision for compatibility for adjacent lands and Rule 9J- 5.006(3)(b)4, F.A.C., to ensure the protection of natural resources. 2. The Department specifically finds the Comprehensive Plan amendment is inconsistent with the following rule and statutory provisions: Sections 163.3 177(l), (2), (6)(a), (d), (8), (9) and (I 0)(a); and Sections 163.3178(2)(b), Florida Statutes; Rules 9J- 5.005(2), (5)(a) and (b); 9J- 5.006(2)(b), (3)(c)2, (3)(b)4, (3)(c)6, 9J -5.012 (2)(b), (3)(b) 1, (3)(c) I and 2; 9J- 5.013(1) and 9J- 5.013(2)(b)3 and 4, (2)(c)3, 5, 6 and (3); Florida Administrative Code. B. Recommended remedial actions. The above inconsistencies may be remedied by taking the following action: The Department recommends the County either rescind the Future Land Use Map amendment associated with Ordinance Number 018 -2009 or adopt a site specific policy to define and restrict the amount of development potential and types of development allowed for these parcels. A site specific policy can recognize and legitimize the current non - conforming uses that exist on the parcels as well as prevent impacts to threatened and endangered species and their habitat. II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN A. Inconsistent provisions. The amendment is inconsistent with the State Comprehensive Plan goals and policies set forth in Section I87.201, Florida Statutes, including the following provisions: Goal (8)(a) Coastal and Marine Resources, Policies (b) 4, 5 and 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 4 areas. Encourage land and water uses which are compatible with the protection of sensitive coastal resources. Goal (9)(a) Natural Systems and Recreational Lands, Policies (b) 1, 3, 4, 7 and 10: Conserve forests, wetlands, fish, marine life, and wildlife to maintain their environmental, economic, aesthetic, and recreational values. 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. Protect and restore the ecological functions of wetlands systems to ensure their long -term environmental, economic, and recreational value. Emphasize the acquisition and maintenance of ecologically intact systems in all land and water planning, management, and regulation. Goal (15)(a) Land Use, Policy (b) l and 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)(a) 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. B. Recommended remedial action These inconsistencies may be remedied by revising the Comprehensive Plan amendment as described above in Section 1. 5 III. CONSISTENCY WITH THE PRINCIPLES FOR GUIDING DEVELOPMENT A. Inconsistent provisions. The amendment is inconsistent with the 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, seagrass 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. B. Recommended remedial action These inconsistencies may be remedied by revising the Comprehensive Plan amendment as described above in Section I. CONCLUSIONS 1. The Amendment is not consistent with the State Comprehensive Plan; 2. The Amendment is not consistent with Chapter 380, Part I, Florida Statutes; 3. The Amendment is not consistent with Chapter 9J -5, Florida Administrative Code; 4. The Amendment is not consistent with the requirements of Chapter 163, Part II, Florida Statutes; 5. The Amendment is not "in compliance," as defined in Section 163.3184(1)(b) Florida Statutes; and 0 6. In order to bring the Comprehensive Plan amendments into compliance, the County may complete the recommended remedial actions described above or adopt other remedial actions that eliminate the inconsistencies. V -1 Executed this Z day of July 2009, in Tallahassee, Florida. Mike McDaniel, Chief Office of Comprehensive Planning Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 STATE OF FLORIDA DEPARTMENT OF COMMUMTy AFFAIRS NOTICE OF INTENT TO FIND THE MONROE COUNTY COMPREHENSIVE PLAN AMENDMENT ADOPTED BY ORDINANCE NO. 018 -2008, NOT IN COMPLIANCE, AND THE COMPREHENSIVE PLAN AMENDMENTS ADOPTED BY ORDINANCE NOS, 019-2008,017a-2009, 020 -2009 through 022 -2009, IN COMPLIANCE DOCKET NO. 09- 1 -Nol- 401 -(A) -(N) The Department gives notice of its intent to find the Amendment to the Comprehensive Plan for Monroe County, adopted by Ordmanca No. 018 on June 2, 2009, NOT IN COMPLIANCE, and Amendments adopted by Ordinance Nos. 019 -2009,017&.2009,020-2009 through o22.2009,,, June 2, 2009, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, 380.05, 380.0552, F.S. The adopted Monroe County, Comprehensive Plan Amendments, Recommendations, and Comments Report (if m y), and the Department's Objections, C Department's Statement of IWent to find the omprehensive Plan Amendment Not t o Compliance will be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Monroe County, Growth Management Division, 2798 Overseas Highway Suite 400, Marathon, Florida 33050. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an admin- istrative hearing to challenge the Proposed agency deemination that the Amendments to the Monroe County ComPrehenatve Plan are 10 Compliance, as defined in Subsection 163.3184(1), F.S. The petition must be tiled within twenty-one (21) days after publication of this notice, a copy must be mailed or delivered to the local goverment and must include all of the information and contents described in Uniform Rule 28- 106. 201, F.A.C. The Petition must be filed with the Agency Ckrk, Departmem of Community Affairs, 2535 Shumard Oak Boulevard, Tallahassee, Florida 32399 -2100. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Suctions 120.569 and 120.57, F.S. If a petition is film, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Departmmt. If no petition is tiled, this Notice of Intent shall become final agency action. This Notice of hotels and the Statement of Intent for the amendment found Not In Compliance will be forwarded by Petition to the Division of Administrative Hearings (DOAH) of the Department of Management Services for the scheduling of an Administrruivc Hearing pummant to Sections 120.569 and 120.57, F.S. TIM purpose of the administrative hearing will be to present evidence and testimony on the noncompliance issues allcSod by the Department in its Objections, Recommendations, and Comments Report and Statement of totem order to secure a recommended order for forwarding to the Administration Commission. mission. Affeetod ers Pons may Petition to intervene in either Proceeding referenced above. A petition for intervention must be filed at least twenty (20) days before the final hearing and must include all of the in- formation and contents described in Uniform Rule 28- 106.205, F.A.C. Pursuant to Section 163,3184(10), F.S., no new issues may be alleged as a reason to find a plan amendment not in compliance in a petition to intervene filed more than twenty are (2 1) days after Publication of this notice unless the petitioaex establishes good cause for not alleg now such w issues within the twenty one (2 1) day time: period The petition for intervention shall be filed at DOAK 1230 Apalachae Parkway, Tallahassee, Florida 32399 -3060, and a copy mailed or delivered to the local government and the Department. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing pursuant to Sections 120.569 and 120.57, F.S., or to participate in the administrative hea ring. After an administrative hcarmg petition is timely filed, mediation is available pursuant to Subsection 163.3189(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation Shall not affect a Party's right to an administrative hearing. McDaniel, Chief Office of Comprehensive Planning Division of Community planning Department of Community Af urs 2555 Shurnard Oak Boulevard Tallahassee, Florida 32399 -2100 Exhibit B STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS Petitioner, VS. MONROE COUNTY, Respondent, and RUDOLPH AND ROSEANN KRAUSE, Interveners. DOAH Case No. 09- 4153GM EXHIBIT `B" TO STIPULATED SETTLEMENT AGREEMENT GOAL 107 Monroe County shall regulate land use and development activities of scarified and /or filled portions of parcels containing environmentally sensitive areas, by the enactment of area - specific regulations that allow development to occur subject to limitations and conditions designed to protect natural resources. Objective 107.1 Monroe County shall coordinate Land Use with the Elements of the Comprehensive Plan through Future Land Use Element Sub -Area Policies Applicable to a Specific Geographic Area. These sub -area policies identify parcels of land that require 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 107.1.2 Specific Limitations on the Ramrod Key Mixed Use Area 1 Only the land uses listed in paragraphs 1 -4 below shall be allowed on the parcels designated Ramrod Key Mixed Use Area 1 on Exhibit B -2 diagram, on which a concentration of non - residential uses exists, including approximately 15,325 square feet of commercial floor area devoted to the uses listed below. Exhibit B 1. Storage, warehousing, and processing of equipment and materials utilized or generated in construction, demolition and land clearing, together with ancillary activities, including, but not limited to: a. Administrative offices. b. Workshops and equipment maintenance areas, outdoors and within structures. C. Garages and outdoor parking for construction and demolition equipment and machinery. d. Outdoor and covered storage and processing of demolition debris and construction materials. e. Storage buildings. f. Above - ground fuel tanks. 2. An antenna supporting structure with accessory building. 3. Residential uses consistent with the former RL future land use map designation and with the SS land use district. Single family residences shall be limited to the existing residence (including any replacement thereof) and no more than four (4) additional single family residences. 4. Outdoor storage, refinishing, repair and /or rebuilding of vehicles, boats and trailers that do not constitute a heavy industrial use. Development of the Ramrod Key Mixed Use Area 1 shall be subject to the restrictions set out below: 1. Wetlands and hammock areas adjacent to outdoor storage shall be protected by: a. Recordation of a conservation easement prohibiting all development activities on the approximately 8.87 acres of wetlands comprising the Easterly portion of parcel 00114150- 000000. The area to be conserved is delineated on Exhibits B -1 and B -2. b. Construction and maintenance of a berm, no less than 3 feet in height, on scarified land along the Westerly edge of the wetlands portion of parcel 00114150 - 000000 as depicted on the attached aerial Exhibit B -1 and map Exhibit B -2 to protect the wetlands from stormwater runoff. Prior to issuing any permit for berm construction, Monroe County shall require submission of a stormwater management plan adequate to protect the wetlands portion of the parcel from degradation attributable to stormwater runoff from the adjacent scarified portion utilized for outdoor storage, construction, and demolition activities. 2. Development shall be contingent on any required coordination and /or approval from the United States Fish & Wildlife Service. EXHIBIT B-1 AERIAL CONSERVATION EASEMENT WITH r BERM �. • �L._.,,,......... —.. ., . . ��' 1 Protective Fence Protective Berri • Peicel Boundary s s 4 's • !'/ �,/` Conscrvation Area 'SAP rig , ,11. • 4 0 Community z Attelrs �� -4,40.3. Division of Corm unity Planning Ita'.c va as a il:.!OMNI Two a rr wand n/ 4 a� t.mas.'rialnlley. 'ate` •,.aE� -1.6 It- •Li. C.K Canal nor IT It EXHIBIT B-2 TO EXHIBIT B OF STIPULATED SETTLEMENT AGREEMENT RAMROD KEY MIXED USE AREA 1 (} \ , N I , . } `, 00114150-000000 • ti MC (0.79 ac) ,� ;,7y, B9 I RAMROD KEY MIXED USE AREA 1 - !, R11 / , . 2 11 berm CONSERVATIO EASEMENT OMC(0.79 ac) 00114150-000000 '00114150-000000 - . RC CONSERVATION EASEMENT ac) 00114150-000400 ($.46 ac) s -4 ® v (2.6 ac) RC (8.87 ac) % • QRam rod Key Mixed Use Area 1(8 A6+2.6=11.06 ac) fir. r parcels ' -_ ____T ,----, ---- —__T______ •r 1 � c t ' 1 I 1. EXHIBIT C I i FUTURE LAND USE MAP OF RAMROD KEY MIXED USE AREA 1 \ \._ N 00114150-000000 MC (0.79 ac) RAMROD KEY MIXED USE AREA 1 Berm T ,,. ......................: . \ 7 / , .,- ry . .. . . . . ,,,,,, ----IL- L---- \ 7/7/ berm x' \ >CONSERVATION EASEMENT -- l \ - Q MC(0.79 ac) 00114150-000000 ' 001 1 41 50-000000 j 1- RC CONSERVATION EASEMENT(8.87 ac) 00114150-000400 (8.46 ac) ` Ramrod Key MU area(646+26= 11.06ac) (2.6 ac) RC (8.87 ac). ::____-------1---(A, parcels - f� /� �~ ---- —.4-'1*s-14— _ L—LIE__________' - EXHIBIT D Return to: Monroe County Growth Management Division 2798 Overseas Highway Marathon, Florida 33050 Prepared by: Joseph Albury, Esquire 309 Whitehead St. Key West Florida 33040 ------------------------ - - - - -- Space Above This Line For Recording -- MONROE COUNTY. FLORIDA GRANT OF CONSERVATION EASEMENT This Conservation Easement is Granted this day of �f-- , 2010 by ,Rudolph O. Krause and Roseann Krause, Trustees U/T/D 7/19/88, whose dress is 26351 OLD STATE ROAD 4 -A RAMROD KEY, FL 3304, in the County of Monroe and the State of Florida (Grantor), to Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, (Grantee). Grantor declares and grants as follows: 1. Background Information A. Grantor is the fee simple title holder of certain real property (the "servient estate ") located within the Easterly portion of the parcel described in Exhibit A hereto. B. Grantor certifies to Grantee that no mortgage exists on the servient estate. C. Grantor desires to prevent all development activities on the servient estate. D. The servient estate comprises approximately 8.87 acres of wetlands. E. Grantee is a general purpose political subdivision of the State and is authorized to regulate and control the use of real property through Land Development Regulations (LDRs) in order to protect the public health, safety and welfare of its citizens. Page 1 of 6 GOCEA —Rev: 811106 2. Grant of Easement Grantor grants to Grantee a conservation easement over and upon the contiguous wetlands area (the "servient estate ") located on the Easterly portion of the real property described in Exhibit A hereto, which area is more specifically delineated on the diagram attached as Exhibit B hereto. 3. Character of the Easement This easement is a conservation easement, which, as defined by Section 704.06 of the Florida Statutes, is a right or interest in real property which is appropriate to retaining land or water areas predominantly in their natural, scenic, open, agricultural or wooded condition; retaining such areas as suitable habitat for fish, plants or wildlife; retaining the structural integrity or physical appearance of sites or properties of historical, architectural, archeological or cultural significance; or maintaining existing land uses. 4. Location and Description of the Easement A. This easement is located on the servient estate described in Paragraph 2 above. B. The location of the property subject to this easement is shown in the diagram attached to this instrument as Exhibit B hereto and by reference made a part hereof. 5. Law Governing the Easement and Enforcement Thereof This easement is governed by Section 704.06 of the Florida Statutes, or the equivalent Florida Statute governing conservation easements, and is to be construed and enforced in accordance with that statute and in accordance with the laws of the State of Florida and the Grantee's LDRs. 6. Restrictions Imposed by the Easement By these presents Grantor imposes and will impose the following restrictions on the use of the servient estate within the easement area: A. No construction or placing of buildings, roads, signs, billboards or other advertising, utilities or other structures on or above the ground. B. No dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste or unsightly or offensive materials. Page 2 of 7 GOCEA — Rev: 8/1/06 Prepared by: C. No removal, trimming or pruning of trees, shrubs or vegetation except for such removal, trimming or pruning which Grantee's biologist has authorized in writing. D. No excavation, dredging or removal of loam, peat gravel, soil, rock or other material substances in such a manner as to affect the surface of the easement area. E. No surface use except for purposes that permit the land or water area to remain predominantly in its natural condition. F. No activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation or fish and wildlife habitat preservation. G. No acts or uses detrimental to such retention of land or water areas. H. No planting of non - native, invasive or exotic plants. I. No acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archeological or cultural significance 7. Access to the Servient Estate Grantor will allow Grantee to access and to enter upon the servient estate, with no less than 24 hours notice, for the purposes of inspection to determine the Grantor's compliance with this Grant of Easement. 8. Limitation on Liability for Personal Injury or Injury to Property The Grantor waives any rights the Grantor may have to bring a claim against Grantee for personal injury or injury to property that is caused by the negligent action or inaction of Grantee or an employee or agent of Grantee during the course of Grantee's activity related to this Grant of Easement and further Grantor holds Grantee harmless from the claims of all persons for action, inactions or activities occurring on the servient estate. 9. Term of Easement This easement is perpetual and runs with the land. 10. Persons Bound by Easement This easement is binding on all present and future owners and mortgagees of the servient estate. Page 3 of 7 GCCEA -Rev: 8/1/06 Prepared by. 11. Entirety of Grant of Easement This Grant of Easement constitutes the entire Grant of Easement from Grantor to Grantee and any understanding or representation of any kind preceding the date of this Grant of Easement is not binding on either the Grantor or Grantee except to the extent it has been incorporated into this Grant of Easement_ 12. Modification of Grant of Easement This Grant of Easement may be modified only by a written modification signed by an authorized representative of Grantor and Grantee and by any mortgagee(s). 13. Recovery of Attorney's Fees In the event of any controversy, claim or dispute arising under or as a result of this Grant of Easement, the prevailing party will be entitled to recover reasonable attorney's fees and costs. 14. Notice Concerning Grant of Easement Any notice provided for or concerning this Grant of Easement will be made in writing and will be sufficiently given when sent by certified or registered mail to the respective address, as set forth at the beginning of this Grant of Easement, of Grantor or Grantee. 15. Recording of Grant of Easement This Grant of Easement will be recorded in the Official Records of Monroe County, Florida and any changes hereto will also be recorded in the Official Records of Monroe County. In Witness Whereof, Grantor grants the Conservation Easement above and executes this instrument this S" day of �I , 2010. First Witness Si ature uiiolph (Krause, Trustee First Witness Prin ed Name Ro eann Krause, Trustee cond Witness Signature Page 4 of 7 C}OCEA —Rev: 811 M Prepared by: Second Witness Printed Name State of Florida County of Monroe Before Krause, and me, the undersigned authority, personally appeared Rudolph who a � onally known to me, or have produced respectively as identification. Sworn and subscribed to me this Typed Notary Name and Number day of C,SuS-}- 5 2010. 4 NotarySi >re and Seal NOTARY PUBLIC -S;A - T ^F 1LARIDA " Cheryl Kachiey s = Commission #DD848443 Expires: FEB.17, 2013 BONDED THAD ATLANTIC B orm>KO Ca, INC. MONROE COUNTY, FLORIDA ACCEPTANCE OF CONSERVATION EASEMENT In Witness Whereof, Grantee accepts the Conservation Easement granted above and executes this instrument the date set forth below. First Witness Signature Monroe County, Florida W-/ First Witness Printed Name Second Witness Signature Second Witness Printed Name Director of Growth Management (Signature) Director of Growth Management (Printed Name) Date Page 5 of 7 0. Krause and Roseann GOCEA — Rev: 8/1/06 Prepared by: State of Florida County of Monroe Before me, the undersigned authority, personally appeared who is personally known to me, or has produced _ identification. Sworn and subscribed to me this day of , 2010. Typed Notary Name and Number as Notary Signature and Seal EXHIBIT A To Conservation Easement Part of Government Lot 1, Section 31, Township 66 South, Range 29 East, Monroe County, Florida, more particularly described as: Beginning at the N.W. corner of the NE %4 of the NE '/< of said Section 31, thence running South 540 feet on the East line of Government Lot 1 of Section 31 to the North line of the Florida East Coast Railway right of way; thence Westerly along the North line of the Florida East Coast right of way to the shore line of Niles Channel; thence Northerly along the shoreline of Niles Channel to the NW corner of government Lot 1; thence Easterly 2178 feet along the North line of Government Lot 1, to the point of beginning. LESS the parcel of land described at Monroe County, Florida OR Book 1762 at page 843. ALSO LESS that portion of the above - described property lying Southerly of Old State Road 4 -A. Page 6 of 7 GOCEA - Rev. 8/1/06 Prepared by: EXHIBIT B TO ( - . RAMROD KEY CONSERVATION EASEMENT WITH BERM R E# 00114150-000000 (8.87 ACRES) \ , I I N )- 00114150-0000001 I RAMROD KEY MIXED USE AREA 1 Berm MC (0.79 ac) o • I , , \ / //, ----I • ., /�%//'//71 4- berm 1 . CONSERVATION EASEMENT Q MC(0.79 ac) 00114150-000000 ®RC CONSERVATION EASEMENT(8.87 ac) 00114150-000400 (8.46 ac) i 00114150-000000 �. Q Ramrod Key MU area(8.46+26= 11 06ac) (2.6 ac) RC (8.87 ac)_________--------'------- �/ r r parcels ------ IT -------- ________s____l______________j______---------- :. ' L L___ ,-,-,--\--- 1 .! ____-------- __ = � _ ; ,N., 4 : IW ' I.. EXHIBIT 2 Monroe County Year 2010 Comprehensive Plan Policy Document Revised 10/20/2010 Includes Revisions 1 -15 As Adopted by ft Board of County Commissioners on April 15 ,1993 amended pursuantto DCARuIe 9J- 14.022, January4,1996 and adopted by FAC %le 2 8-20.100 Part I, January 2,1996 and Part II, July 14,1997 Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 1 of 91 Monroe County Year 2010 Comprehensive Plan Table of Contents 1.0 Introduction .............................................................................................. ............................1 -1 2.0 General ..................................................................................................... ..........................2.1 -1 3.0 Goals, Objectives and Policies ............................................................ ..........................3.1 -1 3.1 Future Land Use ......................................................................... ..........................3.1 -1 3.2 Conservation and Coastal Management .................................. ..........................3.2 -1 3.3 Traffic Circulation ......................................................................... ..........................3.3 -1 3.4 Mass Transit ................................................................................ ..........................3.4 -1 3.5 Ports, Aviation and Related Facilities ......................................... ..........................3.5 -1 3.6 Housing ....................................................................................... ..........................3.6 -1 3.7 Potable Water ............................................................................. ..........................3.7 -1 3.8 Solid Waste ................................................................................. ..........................3.8 -1 3.9 Sanitary Sewer ............................................................................ ..........................3.9 -1 3.10 Drainage ...................................................... ............................... .........................3.10 -1 3.11 Natural Groundwater Aquifer Recharge .... ............................... .........................3.11 -1 3.12 Recreation and Open Space ...................... ............................... .........................3.12 -1 3.13 Intergovernmental Coordination ......................................... ............................... 3.13 -1 3.14 Capital Improvements ................................. ............................... .........................3.14 -1 3.15 Cultural Resources ..................................... ............................... .........................3.15 -1 4.0 Capital Improvements Implementation ............................................... ............................4 -1 4.1 Five Year Schedule of Capital Improvements ............................ ............................4 -1 4.1.1 Transportation ................................................................. ............................4 -1 4 .1.2 Potable Water ................................................................. ............................4 -3 4 .1.3 Solid Waste ..................................................................... ............................4 -4 4.1.4 Sanitary Sewer ............................................................... ............................4 -4 4.1.5 Drainage ......................................................................... ............................4 -4 4.1.6 Parks and Recreation .................................................... ............................4 -5 4.2 Programs to be Adopted in Support of 5 .5.1 Timing ............................................................................. ............................5 Capital Improvements, Objectives and Policies ......................... ............................4 -5 4.2.1 Five -Year Schedule of Capital Improvements .............. ............................4 -5 4.2.2 Fair Share Impact Fees ................................................. ............................4 -5 4.2.3 Concurrency Management System .............................. ............................4 -5 5.0 Monitoring and Evaluation Procedures .............................................. ............................5 -1 5.1 Plan for Continuous Monitoring and Evaluation ......................... ............................5 -1 5.1.1 Annual Monitoring and Evaluation Procedures ............ ............................5 -1 5.1.2 Five -Year Monitoring and Evaluation Procedures ........ ............................5 -2 5.2 Updating Baseline Data and Measurable Objectives ................ ............................5 -3 5.3 Accomplishment of Goals, Objectives and Policies ................... ............................5 -3 5.4 Modifications to Goals, Objectives and Policies ......................... ............................5 -3 5.5 Citizen Participation in the Planning Process ............................. ............................5 -4 5 .5.1 Timing ............................................................................. ............................5 -4 5 .5.2 Notification ...................................................................... ............................5 -7 5.5.3 Dissemination of Materials ............................................. ............................5 -7 I Section 5.6 is not included in this text document. I ... ............................5 -7 Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 2 of 91 Monroe County Year 2010 Comprehensive Plan 5.6.1 Future Land Use ........................... ............................... ........................5.6.1 -1 5.6.2 Conservation and Coastal Management .................... ........................5.6.2 -1 5.6.3 Traffic Circulation ........................... ............................... ........................5.6.3 -1 5.6.4 Mass Transit .................................. ............................... ........................5.6.4 -1 5.6.5 Ports, Aviation and Related Facilities .......................... ........................5.6.5 -1 5.6.6 Housing .......................................... ............................... ........................5.6.6 -1 5.6.7 Potable Water ................................ ............................... ........................5.6.7 -1 5.6.8 Solid Waste .................................... ............................... ........................5.6.8 -1 5.6.9 Sanitary Sewer .............................. ............................... ........................5.6.9 -1 5.6.10 Drainage ............................................................. ............................... 5.6.10 -1 5.6.11 Natural Groundwater Aquifer Recharge .................... .......................5.6.11 -1 5.6.12 Recreation and Open Space ............................ ............................... 5.6.12 -1 5.6.13 Intergovernmental Coordination ........................ ............................... 5.6.13 -1 5.6.14 Capital Improvements ................. ............................... .......................5.6.14 -1 5.6.15 Cultural Resources ............................................ ............................... 5.6.15 -1 6.0 Appendix A ............................................................................................... ............................6 -1 Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 3 of 91 Monroe County Year 2010 Comprehensive Plan 3.0 Goals, Objectives and Policies 3.1 Future Land Use GOAL 101 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. [9J- 5.006(3)a] 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(3Xb)1] Policy 101.1.1 Monroe County shall adopt level of service (LOS) standards for the following public facility types required by Chapter 9J -5, F.A.C: roads, sanitary sewer, solid waste, drainage, potable water, parks and recreation, and paratransit. The LOS standards are established in the following sections of the Comprehensive Plan: The LOS for roads is established in Traffic and Circulation Policy 301.1.1; 2. The LOS for potable water is established in Potable Water Policy 701.1.1; 3. The LOS for solid waste is established in Solid Waste Policy 801.1.1; 4. The LOS for sanitary sewer is established in Sanitary Sewer Policy 901.1.1; 5. The LOS for drainage is established in Drainage Policy 1001.1.1; and 6. The LOS for parks and recreation is established in Recreation and Open Space Policy 1201.1.1. [5.006(3Xc)3] Policy 101.1.2 By January 4, 1997, Monroe County shall adopt Land Development Regulations which provide a Concurrency Management System (See Capital Improvements Policy 1401.4.5). The Concurrency Management System shall ensure that no permits will be issued for new development unless adequate public facilities needed to support the development at the adopted LOS standards are available concurrent with the impacts of development. [9J- 5.006(3)(c)3] (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 4 of 91 Monroe County Year 2010 Comprehensive Plan Obiective 101.2 Monroe County shall reduce hurricane evacuation clearance times to 24 hours by the year 2010. Policy 101.2.1 Monroe County shall establish a Permit Allocation System for new residential development. The Permit Allocation System shall limit the number of permits issued for new residential development. THIS POLICY IS SUPERSEDED BY POLICY 101.2.13 FOR AN INTERIM PERIOD OF TIME. Policy 101.2.2 Applicants shall be required to obtain letters of coordination confirming the availability of potable water and electricity, and applicable permits from HRS prior to submitting a building permit application for new residential development to the Monroe County Growth Management Division through the Permit Allocation System. Applicants shall be required to obtain all other applicable agency permits prior to the issuance of a County permit. Policy 101.2.3 The Permit Allocation System for new residential (ROGO) development shall specify procedures for: annual adjustment of the number of permits for new residential units to be issued during the next year based upon, but not limited to the following: a. expired allocations and building permits in previous year; b. allocations available, but not allocated in previous year, C. number of allocations borrowed from future quarters; d. vested allocations; e. modifications required or provided by this plan or agreement pursuant to Chapter 380, Florida Statutes; and receipt or transfer of affordable housing allocations by intergovernmental agreement. 2. allocation of affordable and market rate housing units in accordance with Policy 101.2.4; and 3. timing of the acceptance of applications, evaluation of applications, and issuance of permits for new residential development during the calendar year. Policy 101.2.4 Monroe County shall allocate at least 20 percent of residential (non - transient) growth to affordable housing units as part of the Permit Allocation System. Any portion of the 20 percent allocation not used for affordable housing shall be retained and be made available for affordable housing from ROGO year to ROGO year. Affordable housing eligible for this separate allocation shall meet the criteria 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 105 or within a Tier III Special Protection Area as set forth in Policy 205.1.1. Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 5 of 91 Monroe County Year 2010 Comprehensive Plan 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 (FDOT) to ensure that improvements needed to expand the 18 -mile stretch of US 1 are placed in FDOTs adopted five -year work program by 1998. Policy 101.2.8 By January 4, 2000, Monroe County shall have coordinated with FDOT to identify funding and include the improvements needed to expand the segment of US 1 between mile markers 80 and 90 in the FDOT adopted five -year work program to have construction completed by 2010. Policy 101.2.9 Monroe County will coordinate with the Florida Department of Community Affairs' Division of Emergency Management and the County's Director of Emergency Management to have Card Sound Road designated as an alternative hurricane evacuation route by the time the improvements to Card Sound Road are completed in 1998. Monroe County shall divert 40% of evacuating traffic to Card Sound road upon completion of planned roadway improvements by 1998. Policy 101.2.10 Monroe County shall initiate a program to limit the number of vehicles on the roads during a hurricane evacuation. This program shall include educating the public regarding the need to use some type of mass transit to reduce the number of vehicles used for hurricane evacuation and the need to severely reduce the number of individual vehicles used for evacuation while emphasizing the need to evacuate when an evacuation order is issued. In addition, the County will study the feasibility of vehicle registration for use in evacuating and any other feasible alternatives. Policy 101.2.11 By July 17, 2001, the County shall prepare an Evaluation and Appraisal Report (EAR) of this plan. As part of the EAR process, in coordination with the South Florida Regional Planning Council, Key West, Layton and Key Colony Beach, the County will evaluate the effectiveness of its programs in ensuring: 1. that residents and visitors will evacuate when an evacuation order is issued; 2. that the number of evacuating vehicles will be lower than currently projected in the Southeast Florida Hurricane Evacuation Study; and 3. the accuracy of the visitor population figures. Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 6 of 91 Monroe County Year 2010 Comprehensive Plan 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: 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 design/build contract for the system has been fully executed, and construction of the system has commenced. Of these credits, 52 shall be made available to Monroe County for affordable housing, and 67 for proposed affordable housing in the City of Marathon. Any credits not used for affordable housing shall be available for future allocation pursuant to paragraph 2 below. In addition, 52 of these credits shall be made available to the City of Marathon. 2. All remaining available credits shall be earned when the construction of the system is 100 percent complete, the collection system lines have been installed, and when the final total of credits available from operation of the system has been calculated. Nutrient reduction credits that are earned from the construction of a central sewer system, in which state or federal funds are used, shall be allocated as follows: 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 Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 7 of 91 Monroe County Year 2010 Comprehensive Plan 2. The remaining earned nutrient reduction credits shall be allocated between Monroe County, the City of Marathon, and the Islamorada, Village of Islands in proportion to the annual ROGO allocation of each to the total annual ROGO allocation for these local governments. Nutrient reduction credits earned using funds provided by the State and matched by the County in fiscal years 1997 -98 and 1998 -99 will be used to offset the nutrient impacts of the 88 new residential permits per year, but may not be used for additional new residential permits until such time as these funds generate more than 88 nutrient reduction credits for Years 3 and 4. For Year 5, the interim Permit Allocation System shall allow a minimum of 77 new residential permits. If fewer than 77 nutrient reduction credits are earned in Year 5, the deficit shall be made up in Year 6 prior to issuance of any new permits. For Year 6 and beyond, the interim permit allocation system shall limit the number of permits issued for new residential development to the number of nutrient reduction credits earned within the same unincorporated ROGO area, except as otherwise authorized herein. For all years the number of permits issued for new residential development under the Rate of Growth Ordinance shall not exceed a total unit cap of 158 new residential units per year. This allocation represents the total number of new permits for development that may be issued during a ROGO year. No exemptions or increases in the number of new permits, other than that which may be expressly provided for in the comprehensive plan or for which there is an existing agreement for affordable housing between the Department and the local government in the critical areas, may be allowed. Monroe County shall develop a tracking system for monitoring the nutrient reduction credits earned. The tracking system shall commence upon effective date of this rule and the number nutrient reduction credits earned shall be cumulative and may be applied to future years of the interim Permit Allocation System. Table 3.1 -1 Nutrient Reduction Credits 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 Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 8 of 91 Monroe County Year 2010 Comprehensive Plan Treatment System Upgraded To On -site Treatment Centralized Systems Treatment System OWNR or Secondary Best Available Advanced Upgraded From Equivalent On -site Treatment Treatment (BAT) Wastewater Treatment and Treatment (AWT) Disposal System 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 App roved OSTDS 0.5 0 1 1.5 Secondary WA N/A 1 1.5 Treatment Additionally, the unit cap for new residential development shall be linked to the following work program which identifies actions necessary to correct existing wastewater and stormwater problems, as well as actions necessary to determine appropriate future growth. Beginning September 30, 2003 and each year of the work program thereafter, Monroe County and the Department of Community Affairs shall report to the Administration Commission documenting the degree to which the work program objectives for that year have been achieved. The Commission shall consider the findings and recommendations provided in those Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 8 of 91 Monroe County Year 2010 Comprehensive Plan 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. (The remainder of this page intentionally left blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 9 of 91 Monroe County Year 2010 Comprehensive Plan WORK PROGRAM' YEAR ONE (ending December 31, 1997) A. Complete Phase I (data collection) for the Wastewater and Stormwater Master Plans, and secure funding for plan completion. (Reference County Objective. 901.4) Agencies; County, DCA DER, HRS and SFWMD. B. Complete a conceptual plan or scope of work to develop a carrying capacity. The 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 OSDS inspection/compliance program as required by Policy 901.2.3. Adopt an ordinance which specifies the implementation procedures for the OSDS inspection/compliance program. The ordinance shall include authorization for HRS to inspect wastewater treatment systems on private property as required by Policy 901.2.3. (Reference County Objective 901.2). Agencies: County, DCA, and HRS. F. Submit status of CARL and ROGO land acquisition to the Administration Commission. Agencies: County, Land Authority, and DEP. G. Revise the habitat Evaluation Index (HEI) based on peer review. ' On March 9, 1999, the Administrative Commission determined that the substantial progress toward the work program objectives had not been made and authorized rulemaking to amend the work program beginning in Year Three. Work program tasks from years One and Two not completed by the end of Year Two were included as tasks in subsequent years of the work program. Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 10 of 91 Monroe County Year 2010 Comprehensive Plan Agencies: County, DCA, DER, FGFWFC, and Federal agencies. YEAR TWO (ending December 31, 1998) A. Complete the wastewater and Stormwater Master Plans and execute interagency agreements to define construction schedule by phases. Document that significant reduction in nutrients will be achieved each year thereafter within each sub - areas. The Master Plans shall include facility plans for all proposed treatment strategies, and determine retrofit and funding requirements for HOT Spots and cesspit identified in D below. Agencies: County, DCA, DER, and HRS. B. Secure funding for the carrying capacity study and initiate Phase I (data collection) of the study. Agencies: County DCA, and DER. C. Complete cesspit ID process in Hot Spots, excluding the Marathon area. Agencies: County, DCA, and HRS. D. Submit status of CARL and ROGO land acquisition to the Administration Commission. Agencies County, Land Authority, and DER. E. Document the extent and quality of the fresh groundwater lens system on Big Pine Key; delineate the associated recharge areas; and determine the safe yield of the system. (Reference County Policy 103.1.5). Agencies: County, DCA, SFWMD, USFWS YEAR THREE (January 1, 1999 through July 12, 2000) A. Complete and begin implementation of Wastewater Master Plan. Utilizing the findings of the Wastewater Master Plan and recommendations of the Water Quality Steering Committee relating to Hot Spots do the following: refine and prioritize areas identified as Hot Spots, determine retrofit and funding requirements for priority Hot Spots and cesspit replacement for areas outside those areas identified for central or cluster wastewater collection systems, and begin developing facility plans for priority Hot Spots. Execute interagency agreements to define facility plan, design and construction schedules for each Hot Spot facility. Establish a water quality monitoring program to document the reduction in nutrients as a result of these facilities. Complete a wastewater treatment finance plan and a service area implementation plan, and continue efforts to secure funding for Wastewater Master Plan implementation, with priority given to Hot Spots. Determine the feasibility and legal ramifications of establishing an escrow account as a means of providing long -term funding for replacing cesspits or substandard onsite sewage systems. Establish a mechanism such as special assessments, impact fees, infrastructure surcharge, or other dedicated revenues, to fund the local share of wastewater improvements in Years Four and Five. Seek to provide comparable subsidies for both wastewater collection systems and individual cesspit replacement. Agencies: County, FKAA, DCA, DER, DOH, SFWMD, EPA and Water Quality Protection Program Steering Committee (WQSC). B. Secure funding for Storm Water Master Plan development, contract selected firm for development of Master Plan, and complete Phase I (data collection). Determine the feasibility of providing nutrient reduction credits for stormwater improvements. Agencies: County, DCA, DOT, SFWMD, EPA and WQSC. C. Conclude acquisition of North Key Largo Hammocks CARL project. Make offers to 33% of remaining private owners with property located in other CARL project boundaries. Agencies: County, Land Authority and DER. Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 11 of 91 Monroe County Year 2010 Comprehensive Plan D. Secure remaining funds for the carrying capacity study, conduct workshops as outlined in the Scope of Work, select prime contractor, and initiate Phase I (data collection) of the study. Agencies: County, DCA, DEP, DOH, DOT, FFWCC, SFWMD, WQSC, SFRPC, EPA, USFWS, Army COE, and other interested parties to include representatives of environmental organizations and development interests. E. Continue efforts to secure funding for the Marathon Facility. Complete Little Venice construction design, secure lands needed for Little Venice facility, and begin bid process and selection of construction firm. Design a water quality monitoring program to document Little Venice project impacts. Agencies: County, FKAA, DCA, DEP, WQSC, and EPA. F. Continue cesspit identification by providing notice to all property owners with unknown systems, outside of Hot Spots. Initiate replacement of cesspits outside of Hot Spots. Award financial assistance grants to qualified applicants using FY 1997- 98 state funds to ensure a minimum of 70 cesspit replacements. Develop a low interest loan and grant program to assist all residents in replacing cesspits, with priority of funds going, in order of preference, to very low -, low- and moderate - income households. Investigate the appropriate point at which nutrient reduction credits can be awarded for future committed water quality treatment facilities and the appropriateness of transferring credits among ROGO areas. Agencies: County, DCA, FKAA, WQSC and DOH. G. Document the extent and quality of the fresh groundwater lens system on Big Pine Key; delineate the associated recharge areas; and determine the safe yield of the system. (Ref. County pol. 103.1.5) Agencies: County, FKAA, DEP, DCA, SFWMD, EPA, WQSC and USFWS. H. Develop an integrated funding plan for the purchase of land from ROGO applicants who have competed unsuccessfully for four consecutive years and applied for administrative relief. Agencies: County. The County, in conjunction with DCA, shall assess the feasibility of applying the nutrient reduction credit requirement to new commercial development. Agencies: County and DCA. YEAR FOUR (July 13, 2000 through July 12, 2001) A. Continue implementation of Wastewater Master Plan, execute interagency agreements to define construction schedule by phases, and continue developing facility plans for priority Hot Spots in each ROGO area. Secure funding to implement the Wastewater Master Plan. Document that reduction in nutrients has been achieved within each of the sub - areas. Agencies: County, FKAA, DCA, DEP, DOH, EPA and WQSC. B. Complete Storm Water Master Plan. Identify priority projects for implementation and seek funding for plan implementation. Agencies: County, DCA, DEP, DOT, SFWMD, EPA and WQSC. C. Make offers to 50% of remaining private owners with property located in CARL project boundaries. Agencies: County, Land Authority and DEP. Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 12 of 91 Monroe County Year 2010 Comprehensive Plan D. Complete Phase II of the carrying capacity study (data analysis) and present initial recommendations to review agencies. Agencies: County, DCA, DEP, DOH, DOT, FFWCC, SFWMD, WQSC, SFRPC, EPA, USFWS, Army COE, and other interested parties to include representatives of environmental organizations and development interests. E. Establish baseline water quality for surface and groundwater quality potentially impacted by Little Venice project. Agencies: County, DCA, DEP, FKAA, WQSC and EPA. F. Complete cesspit identification and continue cesspit replacement outside of Hot Spots, with a priority of funds going, in order of preference, to low- and moderate - income households; ensure that a minimum of 88 cesspits are replaced Agencies: County, FKAA, WQSC and DOH. YEAR FIVE (July 13, 2001 through July 12, 2002) A. Continue implementation of the Wastewater Master Plan pursuant to executed interagency agreements. Begin construction of wastewater facilities in selected Hot Spots. Agencies: County, FKAA, DCA, DOH, DEP, EPA, and WQSC. B. Execute interagency agreements to define construction schedule for selected storm water improvement projects. Complete land acquisition and final design for selected treatment strategies for Storm Water Master Plan. Agencies: County, DCA, DEP, DOT, WQSC and SFWMD. C. Conclude negotiations with all willing owners with property within CARL project boundaries. Acquire a total -to -date of 45% of the Key Deer /Coupon Bight project and 25% of the Florida Keys Ecosystems project from willing sellers. Agencies: County, Land Authority, and DEP. D. Complete final draft of the carrying capacity study including acceptance by review agencies. Agencies: County, FKAA, DCA, DEP, DOH, DOT, FFWCC, SFWMD, WQSC, SFRPC, EPA, USFWS, Army COE, and other interested parties to include representatives of environmental organizations and development interests. E. Continue eliminating cesspits and inoperative septic tanks in areas outside of Hot Spots. Agencies: County, DOH, FKAA and WQSC. YEAR SIX (July 13, 2002 through July 12, 2003) A. Continue construction of wastewater facilities in Hot Spots begun in previous year. Contract to design and construct additional wastewater treatment facilities in Hot Spots in accordance with the schedule of the Wastewater Master Plan. Continue implementation of Wastewater Master Plan with emphasis on Hot Spots. Agencies: County, FKAA, DEP, DOW, DCA, EPA and WQSC. B. Initiate construction of selected projects as identified in the Storm Water Master Plan. Agencies: County, SFWMD, DEP, DCA, DOT, EPA and WQSC. C. Implement the carrying capacity study by, among other things, the adoption of all necessary plan amendments to establish a rate of growth and a set of development Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 13 of 91 Monroe County Year 2010 Comprehensive Plan standards that ensure that any and all new development does not exceed the capacity of the county's environment and marine system to accommodate additional impacts. Plan amendments will include a review of the County's Future Land Use Map series and changes to the map series and the "as of right" and "maximum" densities authorized for the plan's future land use categories based upon the natural character of the land and natural resources that would be impacted by the currently authorized land uses, densities and intensities. Agencies: County, FKAA, FFWCC, DCA, DEP, DOH, DOT, SFWMD, SFRPC, EPA, Army COE, WQSC, and USFWS, and other interested parties to include representatives of environmental organizations and development interests. D. Complete the elimination of all cesspits in areas outside of Hot Spots. Agencies: County, FKAA, DOH and WQSC. E. Develop a Keys -wide master land acquisition plan which shall include: (1) a strategy for the acquisition of those properties which should be preserved due their habitat value as well as those other properties where future development is to be discouraged. (2) a management plan for implementing the strategy, and (3) a reasonable, feasible plan for securing funding for said land acquisition. Agencies: County, Land Authority, DCA, DEP, SFWMD, Army COE, EPA, USFWS, and other interested parties to include representatives of environmental organizations and development interests. F. Initiate and complete a collaborative process for the adoption of land development regulations, and /or comprehensive plan amendments as needed, that will strengthen the protection of terrestrial habitat through processes such as the Permit Allocation System and permitting processes, and the preservation and maintenance of affordable housing stock. Agencies: County, DCA, DEP, FFWC, USFWS, and other interested parties to include representatives of environmental organizations and development interests. YEAR SEVEN (July 13, 2003 through July 12, 2004) A. Finalize construction and begin operating wastewater facilities in Hot Spots. Continue implementation of Wastewater Master Plan with continued emphasis on Hot Spots. Agencies: County, FKAA, DEP, DCA, DOH, EPA and WQSC B. Continue implementing selected projects as identified in the Storm Water Master Plan. Agencies: County, DCA, DEP, DOT, SFWMD, EPA and WQSC YEAR EIGHT (July 13, 2004 through July 12, 2005) A. Review and revise (as necessary) the Conservation and Natural Areas Map. Agencies: County, USFWS, FWCC, DEP, DCA B. Initiate acquisition strategy for lands identified outside the Conservation and Natural Areas identified as worthy of protection. Agencies: County, DCA, DEP C. Begin public hearings for Conservation and Natural Areas boundaries. Agencies: County D. Conclude public hearings for the adoption of the amended Conservation and Natural Areas Boundaries. Agencies: County Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 14 of 91 Monroe County Year 2010 Comprehensive Plan E. Adopt an ordinance to implement a moratorium on ROGO /NROGO applications that involves the clearing of any portion of an upland tropical hardwood hammock or pinelands habitat contained in a tropical hardwood hammock or pinelands patch of two or more acres in size located within a Conservation and Natural Area. Agencies: County, DCA F. Adopt amendments to the comprehensive plan and land development regulations to enact overlay designations, and eliminate or revise the Habitat Evaluation Index, and modify the ROGO /NROGO system to guide development away from environmentally sensitive lands. Agencies: County, DCA G. Amend land development regulations to prohibit the designation of Conservation and Natural Areas (Tier 1) as a receiver site for ROGO exempt development from sender sites; and to further limit clearing of upland native habitat that may occur in the Natural Areas (Tier 1) and the Transition and Sprawl Reduction Area (Tier II) upon designation by the County. Agencies: County, DCA H. Develop Land Acquisition and Management Master Plan and address both funding and management strategies. Agencies: County, DCA, DEP, USFWS, FWCC I. Provide $40 million in financing secured by infrastructure tax for wastewater facilities. Agencies J. Begin construction of wastewater plants or laying of collection lines for Baypoint, Conch Key and Key Largo Trailer Village /Key Largo Park. Agencies: County, FKAA, DEP, Key Largo Wastewater District K. Ensure the connection for up to 1,350 EDUs at Stock Island to Key West Resort Utilities. Agencies: County, DEP L. Complete lower Keys and Key Largo Feasibility Study. Agencies: County, FKAA, DEP M. Complete projects identified in the Stormwater Management Master Plan. Agencies: County, DEP, DCA N. Evaluate and implement strategies to ensure that affordable housing remains affordable in perpetuity for future generations. Establish a partnership with non - profit organizations in order to construct affordable housing using additional state funds. Agencies: County, FHFC, DCA\ O. Identify potential acquisition sites for affordable housing proposals and include in the Land Acquisition Master Plan. Agencies: County, FHFC, DCA P. Provide up to $10 million in bond financing from the Tourist Impact Tax for acquisition of land for workforce housing and affordable housing sites. Agencies: County Q. Complete a comprehensive analysis of hurricane3 evacuation issues in the Florida Keys and develop strategies to reduce actual hurricane clearance times and thereby reduce potential loss of life from hurricanes. Agencies: County, DCA Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 15 of 91 Monroe County Year 2010 Comprehensive Plan 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 Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 16 of 91 Monroe County Year 2010 Comprehensive Plan 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.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 17 of 91 Monroe County Year 2010 Comprehensive Plan Objective 101.3 Monroe County shall regulate non - residential development to maintain a balance of land uses to serve the needs of the future population of Monroe County. Policy 101.3.1 Monroe County shall maintain a balance between residential and non - residential growth by limiting the square footage of non - residential development to maintain a ratio of approximately 239 square feet of new non - residential development for each new residential unit permitted through the Residential Permit Allocation System. This ratio may be modified from time to time through amendments to the land development regulations based upon market and other relevant studies as required by policy 101.3.5. The commercial allocation allowed by this policy shall be uniformly distributed on an annual basis, consistent with the Residential Permit Allocation System as set forth in Policy 101.2.1. Policy 101.3.2 Applicants shall be required to obtain letters of coordination confirming the availability of potable water and electricity, and applicable permits from HRS prior to submitting a building permit application for new non - residential development to the Monroe County Growth Management Division through the Permit Allocation System. Applicants shall be required to obtain all other applicable agency permits prior to issuance of a County permit. Policy 101.3.3 The Permit Allocation System for new non - residential (NROGO) development shall specify procedures for: the annual adjustment of the square footage allocated for new non - residential development to be permitted during the next year based upon, but not limited to: a) the square footage allocated for new non - residential development that expired during the previous year, b) the amount of square footage available for allocations but not allocated in previous year, C) modifications required or provided by this plan; and, d) receipt or transfer of floor area by intergovernmental agreement. 2. maintaining a ratio of approximately 239 square feet of new non - residential development for each new residential unit permitted through the Permit Allocation System, as may be amended from time to time in accordance with Policy 101.3.1; and, 3. timing of the acceptance of applications, evaluation of applications, and issuance of permits for new non - residential development during the calendar year. Policy 101.3.4 Public facilities shall be exempted from the requirements of the Permit Allocation System for new non - residential development. Except within Tier I designated areas pursuant to Goal 105 or within a designated Tier III Special Protection Area pursuant to Policy 205.1.1, certain development activity by federally tax- exempt not - for - profit educational, scientific, health, religious, social, cultural, and recreational organizations may be exempted from the Permit Allocation System by the Board of County Commissioners after review by the Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 18 of 91 Monroe County Year 2010 Comprehensive Plan 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 speck amendments to the comprehensive plan to incorporate goals, objectives and policies on economic development including tourism. The analysis will address existing non - residential uses, vacancy rates, economic trends and demand for non - residential uses by planning sub -area. (The rernainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 19 of 91 Monroe County Year 2010 Comprehensive Plan Objective 101.4 Monroe County shall regulate future development and redevelopment to maintain the character of the community and protect the natural resources by providing for the compatible distribution of land uses consistent with the designations shown on the Future Land Use Map. [9J- 5.006(3Xb) 3] Policy 101.4.1 The principal purpose of the Residential Conservation land use category is to encourage preservation of open space and natural resources while providing for very low-density residential development in areas characterized by a predominance of undisturbed native vegetation. Low - intensity public uses and utilities are also allowed. In addition, Monroe County shall adopt Land Development Regulations which allow any other nonresidential use that was listed as a permitted use in the Land Development Regulations that was in effect immediately prior to the institution of the 2010 Comprehensive Plan (pre -2010 LDR's), and that lawfully existed on such lands on January 4, 1996 to develop, redevelop, reestablish and /or substantially improve provided that the use is limited in intensity, floor area, density and to the type of use that existed on January 4, 1996 or limit to what the pre -2010 LDR's allowed, whichever is more restricted. Maximum permitted densities shall be based upon the results of the habitat analysis required by Division 8 of the Monroe County Land Development Regulations, as amended. [9J- 5.006(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 LDR's), and that lawfully existed on such lands on January 4, 1996 to develop, redevelop, reestablish and /or substantially improve provided that the use is limited in intensity, floor area, density and to the type of use that existed on January 4, 1996 or limit to what the pre -2010 LDR's allowed, whichever is more restricted. Policy 101.4.3 The principal purpose of the Residential Medium land use category is to recognize those portions of subdivisions that were lawfully established and improved prior to the adoption of this plan and to define improved subdivisions as those lots served by a dedicated and accepted existing roadway, have an approved potable water supply, and have sufficient uplands to accommodate the residential uses. Development on vacant land within this land use category shall be limited to one residential dwelling unit for each such platted lot or parcel which existed at the time of plan adoption. However, Monroe County shall adopt Land Development Regulations which allow nonresidential uses that were listed as a permitted use in the Land Development Regulations that were in effect immediately prior to the institution of the 2010 Comprehensive Plan (pre -2010 LDR's), and that lawfully existed on such lands on January 4, 1996 to develop, redevelop, reestablish and /or substantially improve provided that the uses are limited in intensity, floor area, density and to the type of use that existed on January 4, 1996 or limited to what the pre -2010 LDR's allowed, whichever is more restricted. Lands within this land use category shall not be further subdivided. [9J- 5.006(3)(c) 1 and 7] Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 20 of 91 Monroe County Year 2010 Comprehensive Plan Policy 101.4.4 The principal purpose of the Residential High category is to provide for high - density single - family, multi - family, and institutional residential development, including mobile homes and manufactured housing, located near employment centers. In addition, Monroe County shall adopt Land Development Regulations which allow nonresidential uses that were listed as a permitted use in the Land Development Regulations that were in effect immediately prior to the institution of the 2010 Comprehensive Plan, and that lawfully existed on such lands on January 4, 1996 to develop, redevelop, reestablish and /or substantially improve provided that the use is limited in intensity, floor area, density and to the type of use that existed on January 4, 1996 or limited to what the pre -2010 LDR's allowed, whichever is more restricted. [9J- 5.006(3)(c) 1 and 7] Policy 101.4.5 The principal purpose of the Mixed Use / Commercial land use category is to provide for the establishment of commercial zoning districts where various types of commercial retail and office may be permitted at intensities which are consistent with the community character and the natural environment. Employee housing and commercial apartments are also permitted. This land use category is also intended to allow for the establishment of mixed use development patterns, where appropriate. Various types of residential and non - residential uses may be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited. In order to protect environmentally sensitive lands, the following development controls shall apply to all hammocks, pinelands, and disturbed wetlands within this land use category: only low intensity commercial uses shall be allowed; 2. a maximum floor area ratio of 0.10 shall apply; and 3. maximum net residential density shall be zero. Policy 101.4.6 The principal purpose of the Mixed Use/ Commercial Fishing land use category is to provide for the maintenance and enhancement of commercial fishing and related traditional uses such as retail, storage, and repair and maintenance which support the commercial fishing industry. Residential uses are also permitted. In order to protect environmentally sensitive lands, the following development controls shall apply to all hammocks, pinelands, and disturbed wetlands within this land use category: only low intensity commercial uses shall be allowed 2. a maximum floor area ratio of 0.10 shall apply; and 3. maximum net residential density shall be zero. [9J- 5.006(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 Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 21 of 91 Monroe County Year 2010 Comprehensive Plan The principal purpose of the Agriculture/Aquaculture land use category is to encourage the retention of existing agricultural and aqua cultural uses. [9J- 5.006(3Xc)1 and 7] Policy 101.4.9 The principal purpose of the Recreation land use category is to provide for public and private activity -based and resource -based recreational facilities. [9J- 5.006(3Xc)1 and 7] Policy 101.4.10 The principal purpose of the Institutional land use category is to provide for institutional uses by federally tax- exempt, non - profit facilities, including, but not limited to, educational, scientific, religious, social service, cultural, and recreational organizations. Related residential and non - residential uses, including student and employee housing shall be allowed. [9J- 5.006(3Xc)1 and 7] Policy 101.4.11 The principal purpose of the Educational land use category is to provide for public educational facilities. The County shall coordinate with the School Board to balance educational facility land requirements with other land use objectives. In recognition of Monroe County's environment and the linear distribution of its population, the County shall encourage schools to accommodate building and facility requirements on existing sites. When new school sites are required, school shall be encouraged to locate proximate to urban residential areas and other public facilities. [9J- 5.006(3)(c) 1 and 7] Policy 101.4.12 The principal purpose of the Public Buildings/Grounds land use category is to provide for public buildings and grounds owned by federal, state and local governments. [9J- 5.006(3Xc)1 and 7] Policy 101.4.13 The principal purpose of the Public Facilities land use category is to provide for land owned by public utilities and service providers. [9J- 5.006(3Xc)1 and 7] Policy 101.4.14 The principal purpose of the Military land use category is to provide for federally owned lands used for military purposes. Development densities and intensities are not subject to regulation by Monroe County. Military commanders will be requested to follow these recommended densities and intensities as specified in Policy 101.4.22, consistent with natural resource constraints as well as all County environmental design criteria. Policy 101.4.15 The principal purpose of the Conservation land use category is to provide for publicly owned lands held primarily for the preservation of natural and historic resources and compatible passive recreational uses. Public uses consistent with the purpose of this category shall be allowed. [9J- 5.006(3Xc)1 and 7] Policy 101.4.16 The principal purpose of the Airport District land use category is to prohibit the development of residential, educational or other uses which are characterized by the regular presence of large numbers of people within the hazard areas of civil and military airports. Policy 101.4.17 Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 22 of 91 Monroe County Year 2010 Comprehensive Plan The principal purpose of the Mainland Native land use category is to protect the undeveloped and environmentally sensitive character of land within Monroe County that is located on the mainland of the Florida peninsula. Very low density residential uses and low- intensity educational and research centers shall be allowed. Al land in the mainland portion of Monroe County is hereby designated as Mainland Native. Policy 101.4.18 The principal purpose of the Historic overlay category is to identify existing and potential historic districts for designation, protection, and preservation (See Goal 104 and supporting objectives and policies). Maximum permitted densities and intensities shall be in accordance with the underlying land use categories. [9J- 5.006(3Xc)1 and 7] Policy 101.4.19 Densities among properties designated Residential Conservation and Residential Low shall not be increased above the densities which existed prior to the date of plan adoption except through appeal procedures to demonstrate that such prior density designations were incorrect due to scrivener'stdrafting 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.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 23 of 91 Monroe County Year 2010 Comprehensive Plan Future Land Use Densities and Intensities Future Land Use Category Allocated Density Maximum Net Density Maximum Intensity And Corresponding Zoning r acre r buildable acre floor area ratio Agriculture (A) 0 du NIA 0.20-0.25 no directly corresponding zoning) 0 Wms/ NIA Airport (AD) 0 du N/A 0.10 AD zoning) 0 rooms/ N/A Conservation (C) 0 du N/A 0.05 CD zoning) 0 morns/ N/A Education (E) 0 du N/A 0.30 no directly corresponding zoning) 0 rooms/ N/A Industrial (1) 1 du 2 du 0.25-0.60 I and MI zoning) 0 rooms/ N/A Institutional (INS) 0 du N/A 0.25-0.40 no directly cornsponding zoning) 3-15 rooms) 6-24 rooms/s Mainland Native (MN) 0.01 du N/A 0.10 MN zoning) 0 rooms/ N/A Military (M) 6 du 12 du 0.30-0.50 MF zoning) 10 roomstspaces 20 rooms/spaces Moved Use/Commercial (MC) (g) 1-0 du 6-18 du 0.10-0.45 SC, UC, DR, RV, and MU zoning) 5-15 rooms) 10-25 rooms/spaces Moved Use/Commercial Fishing (MCF)O) Approx. 3-0 du 12 du 0.25-0.40 CFA, CFV(c), CFSD zoning) 0 momstspaces 0 rooms/ aces Public Facilities (PF) 0 du N/A 0.10-0.30 no directly corresponding zoning) 0 roans/ N/A Public Buildings/Grounds (PB) 0 du N/A 0.10-0.30 no directly corresponding zoning) 0 rooms/ N/A Recreation (R) 0.25 du N/A 0.20 PR zoning) 2 rooms/ N/A Residential Conservation (RC) 0-0.25 du N/A 0-0.10 OS and NA zoning) 0 rooms/ N/A Residential Low (RL) 0.25-0.50 du 5 du 0.20-0.25 SSM, SR, and SR-L zoning) 0 rooms/ N/A Residential Medium (RM) approx. 0.5-8 du N/A 0 (IS zoning) (1 du/lot) N/A 0 rooms/ Residential Hgh (RH) approx. 3-16 du 12 du 0 (IS-De), URMNe), and URm zoning) (1 -2 dulbt) 20 rooms/spaces 10 moms/s Notes: (a) "N/A" means that ma)dmum net density bonuses shall not be available. (b) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the ma)dmum net densities bonuses shall not be available. (c) The allocated density fa CFV zoning shall be 1 dwelling unit per tit and the ma)dmum net density bonuses shall not be available. (d) Ma)dmum net density bonuses shall not be available to the SS dslyd (e) The allocated density for IS-0 and URM zoning shall be 2 and 1 dwelling units per lot, respectively and the maadmum net density bonuses shall not be available. (fl The ma)dmum net density fa the UR district shall be 25 for units where all units are designated as arfordable housing. (g) For properties consisling of hammocks, pinelands or disturbed wetlands within the Moved Use/ Commercial and Moved Use/ Cornmercal Fishing land use categories, the floor area ratio shall be 0.10 and the mardmum net residential density bonuses not apply. (h) Uses under the categories of Agriculture, Education, Institutional, Public Facilities, and Public Buildings and Uses, which have no directly corresponding zoning, may be incorporated into new or a fisting zoning districts as appropriate. i The Ma)dmum Net Density is the madmum density allowable with the use of TDRs. Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 24 of 91 Monroe County Year 2010 Comprehensive Plan Policy 101.4.22 All development shall be subject to clearing limits defined by habitat and the location of the property in the Land Use District (zoning) Overlay Tier Maps and the wetland requirements in Policy 102.1.1. The clearing limits of upland native vegetation areas for properties in the Ocean Reef planned development shall be limited to 40 percent of the existing upland native vegetation. Except as defined in Policy 101.12.4, clearing of upland native vegetative areas in the Tiers I, 11, and III shall be limited for the portion of the property containing upland native vegetation in the following percentages: Tier Permitted Cleadnq 1 20% II 40% (Big Pine Key and No Name Key) III 40% or 3,000 s.f., whichever is greater, however, the maximum amount of clearing shall be no more than 7,500 square feet, regardless of the amount of upland native vegetative area. * Palm or cactus hammock is limited to only 10 %. Policy 101.4.23 Notwithstanding the density limitations set forth in Policy 101.4.21, land upon which a legally - established residential dwelling unit exists shall be entitled to a density of one dwelling unit per each such unit. Such legally -established dwelling unit shall not be considered as non - conforming as to the density provisions of policy 101.4.21 and the Monroe County Code. Policy 101.4.24 In order to preserve the existing community character and natural environment, Monroe County shall limit the height of structures including landfills to 35 feet. Exceptions will be allowed for appurtenances to buildings, transmission towers and other similar structures. (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 25 of 91 Monroe County Year 2010 Comprehensive Plan Obiective 101.5 Monroe County shall implement a Point System based primarily on the Tier system of land classification in accordance with Goal 105, which directs future growth in order to: 1. encourage the redevelopment and renewal of blighted areas [9J- 5.006(3Xb)2]; 2. maintain and enhance the character of the community [9J- 5.006(3Xb)3]; 3. protect natural resources [9J- 5.006(3)(b )4]; 4. encourage a compact pattern of development [9J- 5.006(3Xb)7]; 5. encourage the development of affordable housing; and, 6. encourage development in areas served by central wastewater treatment systems. Policy 101.5.1 Monroe County shall adopt through its land development regulations a new Point System for residential (ROGO) and non - residential (NROGO) development to replace the existing Point System by no later than July 1, 2005. Except for affordable housing, this Point System, as set forth in Policy 101.5.4 for residential development and Policy 101.5.5 for non - residential development, shall be used as a basis for selecting the development applications which are to be issued permits through the Permit Allocation System pursuant to Policy 101.5.4 and Policy 101.5.5. For market rate housing units or non - residential development to be awarded allocations under the Permit Allocation System the Point System shall specify positive point factors which shall be considered as assets and shall specify negative point factors which shall be considered as liabilities in the evaluation of applications for new residential and non - residential development. Policy 101.5.2 In order to encourage a compact form of residential growth that results in infill development in platted, improved subdivisions, the Point System shall be primarily based on the Tier system of land classification as set forth under Goal 105. To discourage and limit further growth in Tier I designated areas, the annual maximum number of residential permit allocations that may be awarded in Tier I shall be no more three (3) in each of the two Residential Permit Allocation planning areas established by the Land Development Regulations. [9J- 5.006(3)(c)1 and 6] Policy 101.5.3 In order to encourage a compact form of non - residential growth, the Permit Allocation System shall limit and direct new non - residential development primarily to areas designated as Tier III under Goal 105 not located within a designated Special Protection Area and provide incentives for redevelopment of existing developed and vacant infill sites. (See Policy 101.3.1.) [9J- 5.006(3)(c)1] Policy 101.5.4 Monroe County shall implement the residential Permit Allocation and Point System through its land development regulations based primarily on the Tier system of land classification as set forth under Goal 105. The points are intended to be applied cumulatively. 1. Tier Designation - Utilizing the Tier System for land classification in Policy 105.2.1, the following points shall be assigned to allocation applications for proposed dwelling units in a manner that encourages development of infill in predominately developed areas with existing infrastructure and few sensitive environmental features and discourages Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 26 of 91 Monroe County Year 2010 Comprehensive Plan development in areas with environmentally sensitive upland habitat which must be acquired or development rights retired for resource conservation and protection. PointAssi nment Criteria: +0 Proposes a dwelling unit within areas designated -10 Tier I [Natural Area] on Big Pine Key and No Name Name Key +10 Proposes a dwelling unit within areas -10 designated Tier I [Natural Area] outside of Big +3 Pine Key or No Name Key. +10 Proposes development within areas designated Tier I I [Transition and Sprawl Reduction Area on Big Pine Key or No Name Ke . +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. PointAssi nment.• Criteria: -10 Proposes development on No Name Key -10 Proposes development in designated Lower Keys Marsh Rabbit habitat or buffer areas as designated in the Community Master Plan. -10 Proposes development in Key Deer Corridor +3 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. PointAssi Criteria: +4 Each additional contiguous vacant, legally platted lot which is aggregated in a designated Tier II I area outside of Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional points asspecified.* +3 Each additional contiguous vacant, legally platted Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 27 of 91 Monroe County Year 2010 Comprehensive Plan 4. Land Dedication — The following points shall be assigned to allocation applications to encourage, the voluntary dedication of vacant, buildable land within Tier I designated areas and Tier III Special Protection Areas for the purposes of conservation, resource protection, restoration or density reduction and, if located in Tier III outside of Special Protection Areas, for the purpose of providing land for affordable housing where appropriate. PointAssi nment* lot which is aggregated in a designated Tier II or III +4 area on Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional ints asspecified. *Exce bon. No points for lot aggregation will be awarded for any proposed development that involves the +1 for each 5,000 square feet of lot clearing of any upland native vegetation in a Tier III size Sp ecial Protection Area. 4. Land Dedication — The following points shall be assigned to allocation applications to encourage, the voluntary dedication of vacant, buildable land within Tier I designated areas and Tier III Special Protection Areas for the purposes of conservation, resource protection, restoration or density reduction and, if located in Tier III outside of Special Protection Areas, for the purpose of providing land for affordable housing where appropriate. PointAssi nment* 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 Tier I area and containing sufficient upland area to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn p oints ass i led. +0.5 Proposes dedication to Monroe County of one (1) vacant, legally platted lot of at least 5,000 square feet in size within a Tier I area, designated as Residential Conservation, or Residential Low with no maximum net density, containing sufficient upland to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points asspecified. +4 Proposes dedication to Monroe County of at least one (1) acre of vacant, unplatted land located within a Tier I area containing sufficient upland to be buildable. Each additional one (1) acre of vacant, unplatted land that meets the aforementioned requirements will earn points asspecified. * Exception: Applications for a dwelling unit on Big Pine Key and No Name Key shall be awarded Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 28 of 91 Monroe County Year 2010 Comprehensive Plan points for land dedication in accordance with Action Item 3.2.2 C of the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key. 5. Market Rate Housing in Employee or Affordable Housing Project- The following points shall be assigned to allocation applications for market rate housing units in an employee or affordable housing project: PointAssi nment Criteria: +6 Proposes a market rate housing unit which is part of an affordable or employee housing project; both affordable and employee housing shall meet the policy guidelines for income in Policy 601.1.7 and other requirements pursuant to the Land 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: PointAssi nment.• 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 Assf nment. Criteria: +4 Proposes development required to be connected to a central wastewater treatment system that meets the BAT /AWT treatment standards established by Florida Legislature and Policy 901.1.1. 8. Payment to the Land Acquisition Fund — Up to two (2) points shall be awarded for a monetary payment by the applicant to the Countys land acquisition fund for the purchase of lands for conservation, and retirement of development rights. The monetary value of each point shall be set annually by the County based upon the estimated average fair market value of vacant, privately- owned, buildable IS /URM zoned, platted lots in Tier I. 9. Perseverance Points — One (1) point shall be awarded for each year that the allocation application remains in the allocation system up to a maximum accumulation of four (4) points. Policy 101.5.5 Monroe County shall implement the non - residential Permit Allocation and Point System through its land development regulations based primarily on the Tier system of land classification pursuant to Goal 105. The points are intended to be applied cumulatively. Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 29 of 91 Monroe County Year 2010 Comprehensive Plan 1. Tier Designation — Utilizing the Tier System for land classification in Policy 105.2.1, the following points shall be assigned to allocation applications for proposed non - residential development in a manner that encourages development of infill in predominately developed areas with existing infrastructure, commercial concentrations, and few sensitive environmental features, and discourages development in areas with environmentally sensitive upland habitat, which must be acquired or development rights retired for resource conservation and protection: PointAssi nment: Criteria: 0 Proposes non - residential development within an area designated Tier I [Natural Area], except for the expansion of lawfully established non - residential development provided under "exception" below. +10 Proposes non - residential development within an area designated Tier II [Transition and Sprawl Reduction Area on Big Pine Key and No Name Key]. +10 Proposes non - residential development that will result in the clearing of any upland native vegetation within a Special Protection Area in Tier III. +20 Proposes non - residential development within an area designated Tier III [Infill Area]. Exception: Any lawfully established non - residential development shall be assigned +20 points contingent upon no further clearing of upland native habitat and no addition to and /or expansion of the existing lot or p arcel upon which the existing use is located. 2. Intensity Reduction. The following points shall be assigned to allocation applications to encourage the voluntary reduction of intensity: PointAssi nmenfi Criteria: +4 An application proposes development that reduces the permitted floor area ratio (FAR) to twenty three percent (23 %) or less. 3. Land Dedication - The following points shall be assigned to allocation applications to encourage, the voluntary dedication of vacant, buildable land within Tier I and Tier II (Big Pine Key and No Name Key) designated areas and Tier III Special Protection Areas for the purposes of conservation, resource protection, restoration or density reduction and, if located in Tier III outside of Special Protection Areas, for the purpose of providing land for affordable housing where appropriate. PointAssi nmenr Criteria: +4 Proposes dedication to Monroe County of one (1) vacant, legally latted lot of sufficient minimum lot size and Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 30 of 91 Monroe County Year 2010 Comprehensive Plan 4. Special Flood Hazard Area - The following points shall be assigned to allocation applications to discourage development within high risk special flood hazard zones: PointAssi nment upland area to be buildable. Each additional vacant, -4 legally platted, buildable lot which is dedicated that meets the aforementioned requirements will earn the additional +2 oints asspecified. +1 per 5,000 square feet of Proposes dedication to Monroe County of a vacant legally lot area platted lot of five thousand (5,000) square feet or more in size, designated as Residential Low with maximum net density within a Tier I area and containing sufficient upland to be buildable. Each additional vacant, legally platted lot, that meets the aforementioned requirements will earn points asspecified. +0.5 Proposes dedication to Monroe County of one (1) vacant, legally platted lot of five thousand (5,000) square feet or more within a Tier I area designated as Residential Conservation, or Residential Low with no maximum net density, containing sufficient upland to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. +4 Proposes dedication to Monroe County of at least one (1) acre of vacant, unplatted land located within a Tier I area containing sufficient upland to be buildable. Each additional one (1) acre of vacant, unplatted land that meets the aforementioned requirements will earn the p oints asspecified. 4. Special Flood Hazard Area - The following points shall be assigned to allocation applications to discourage development within high risk special flood hazard zones: PointAssi nment Criteria: -4 Proposes development within a "V" zone on the FEMA Flood Insurance Rate Map. 5. Perseverance Points - One (1) or two (2) points shall be awarded for each year that the allocation application remains in the system. 6. Highway Access - The following points shall be assigned to allocation applications to encourage connections between commercial uses and reduction of the need for trips and access onto U.S. Highway 1: PointAssi nment. Criteria: +3 The development eliminates an existing driveway or access - way to U.S. Highway 1. +2 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: Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 31 of 91 Monroe County Year 2010 Comprehensive Plan PointAssi nment. Criteria: +3 The project provides a total of two hundred percent (200 %) of the number of native landscape plants on its property than the number of native landscape plants required by this chapter within landscaped bufferyards and parking areas. +1 Twenty -five percent (25 %) of the native plants provided to achieve the three (3) point award above or provided to meet the landscaped bufferyard and parking area requirements of this chapter are listed as threatened or endangered plants native to the Florida Keys. +2 Project landscaping is designed for water conservation such as use of one hundred percent (100 %) native plants for vegetation, collection and direction of rainfall to landscaped areas, or the application of re -used wastewater or treated seawater for watering landscape plants. 8. Central Wastewater System Availability — The following points shall be assigned to allocation applications: PointAssi nment. Criteria: +4 Proposes development required to be connected to a central wastewater treatment system that meets the BAT /AWT treatment standards established by Florida Legislature and 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: PointAssi nment. Criteria: +2 Proposes an employee housing unit which is located on a pa rcel with a non - residential use. 10. Payment to the Land Acquisition Fund — Up to two (2) points shall be awarded for a monetary payment by the applicant to the County's land acquisition fund for the purchase of lands for conservation, and retirement of development rights. The monetary value of each point shall be set annually by the County based upon the estimated average fair market value of vacant, privately- owned, buildable IS/URM zoned, platted lots in Tier I. Policy 101.5.6 The Residential and Non - residential Point Systems shall be monitored on an annual basis and revised as necessary based on new studies and data in a manner that is consistent with and furthers the goals, policies, and objectives of this plan. Policy 101.5.7 Monroe County shall allow for the development of residential projects with multiple units within the 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 Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 32 of 91 Monroe County Year 2010 Comprehensive Plan Monroe County may develop a program, called Transfer of ROGO Exemption (TRE), that would allow for the transfer off -site of dwelling units, hotel rooms, campground /recreational vehicle spaces and /or mobile homes to another site in the same ROGO sub -area, provided that they are lawfully existing and can be accounted for in the County's hurricane evacuation model. In addition, the receiver site shall be located within a Tier III area outside a designated Special Protection Area and for a receiver site on Big Pine Key and No Name Key, the sending site shall also be located on one of those two islands. Policy 101.5.9 For the purposes of NROGO scoring pursuant to Policy 101.5.5, lawfully established non- residential uses shall be assigned +20 points. If any such use is located within a Tier I designated area or a Tier III Special Protection Area, such scoring assignment shall be contingent upon no further clearing of upland native habitat and no addition to and/or expansion of the existing lot or parcel upon which the use is located. Policy 101.5.12 Non - residential development on Big Pine Key and No Name Key will be allocated pursuant to the following additional criteria: Development must be infill in existing commercial areas in Tier 2 and Tier 3 lands, mainly along the U. S. 1 corridor on Big Pine Key. 2. All new non - residential development will be limited to disturbed or scarified lands. 3. Allocation awards shall be allowed to exceed 2,500 square feet per site if located within the designated Community Center Overlay as designated by Action Item 4.1.5. 4. New allocations shall be awarded moderate positive points to applicants who fulfill the additional criterion set forth in Strategy 4.2 of the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key. All new non - residential development within the planning area shall be exempt from criterion 5, 6, 7, and 17 of Policy 101.5.5. Development that is exempt from NROGO will not be subject to criteria 1 through 4 above. (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 33 of 91 Monroe County Year 2010 Comprehensive Plan Objective 101.6 Monroe County shall expand the Monroe County Land Authority acquisition program to provide for the purchase of land from property owners who have not been awarded building permit allocations in the Permit Allocation System. Policy 101.6.1 Monroe County, the state, or other acquisition agency shall, upon a property owner's request, purchase the property for fair market value or permit the minimum reasonable economic use of the property pursuant to Policy 101.6.5, if the property owner meets the following conditions: 1. they have been denied an allocation award for four successive years in the Residential (ROGO) or Non - residential (NROGO) Permit Allocation System; 2. their proposed development otherwise meets all applicable county, state, and federal regulations; 3. their allocation application has not been withdrawn; 4. they have complied with all the requirements of the Residential or Non - residential Permit Allocation System; and 5. they follow the procedures for administrative relief contained in the land development regulations. As used in this Policy, "minimum reasonable economic use" shall mean, as applied to any residentially zoned lot of record which was buildable immediately prior to the effective date of the Plan, no less than a single - family residence. "Fair market value" shall be an amount which is no less than ad valorem valuation in the Monroe County Real Property Tax Roll for the year 1992. Policy 101.6.2 By fiscal year 1998, the Monroe County Land Authority shall dedicate a minimum of 35 percent of its annual budget each year for the purpose of acquiring land from qualified property owners as defined by Policy 101.6.1. Funds accumulated from this source shall be reserved for the acquisition of land from qualified property owners, but may also be used to acquire other properties when deemed appropriate by the Land Authority. Policy 101.6.3 By January 4, 1998, Monroe County shall identify potential funding sources and seek funding from state, federal, and/or private sources to be used for acquisition of land from qualified property owners as defined by Policy 101.6.1. Policy 101.6.4 The County will coordinate with DCA to ensure that DCA continues to support enhanced land acquisition efforts in the Keys based on needs identified in this comprehensive plan. This coordination shall ensure continued support of state acquisition efforts under CARL, Preservation 2000 and the Florida Communities Trust programs. The County encourages the Department to work at the state level to create a dedicated acquisition fund for Tier 1 lands on Big Pine Key and No Name Key based on the results of the Carrying Capacity Study, the requirements of the incidental take permit and Habitat Conservation Plan and the Master Plan for Big Pine Key and No Name Key. The County_and the Department will also support appropriate legislative changes which will have the effect of enhancing the Land Authority efforts throughout the County, and the South Florida Water Management Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 34 of 91 Monroe County Year 2010 Comprehensive Plan District's acquisitions on Big Pine Key. Similarly cooperation will continue with private acquisition efforts, such as The Nature Conservancy and the Florida Land and Sea Trust. Policy 101.6.5 Monroe County, the state, or other acquisition agency shall pursue land acquisition through voluntary purchase of lands from private property owners denied a building permit through the Permit Allocation System, as the preferred option for administrative relief pursuant to Policy 101.6.1, if the subject permit is for development located within: a designated Tier I area; 2. a designated Tier III Special Protection Area; or, 3. a designated Tier III area on a non - waterfront lot suitable for affordable housing. Refusal of the purchase offer by a property owner shall not be grounds for the granting of a ROGO or NROGO allocation award. Policy 101.6.6 Monroe County shall preclude the granting of administrative relief in the form of the issuance of a building permit for lands within the Florida Forever targeted acquisition or Tier I lands areas unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined the parcel can not be purchased for conservation purposes by any county, state or federal agency or any private entity. The County shall routinely notify Department of Environmental Protection of upcoming administrative relief request at least six (6) months prior to the deadline for administrative relief. (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 35 of 91 Monroe County Year 2010 Comprehensive Plan Obiective 101.7 Monroe County shall evaluate potential redevelopment areas and prepare redevelopment plans for areas determined to be in need of redevelopment. [9J- 5.006(3Xb)2] Policy 101.7.1 By January 4, 1998, Monroe County shall conduct a needs assessment of potential redevelopment areas. This assessment shall analyze land use changes, property values, structural conditions, business climate, renter /owner ratios, commercial and residential vacancy rates, and other indicators of economic vitality and physical living conditions for which information is available. Policy 101.7.2 By January 4, 1998, Monroe County shall complete a community plan for Stock Island which shall address redevelopment needs identified by the needs assessment of potential redevelopment areas. Preparation and funding of this plan shall be coordinated with the City of Key West. Policy 101.7.3 By January 4, 1998, the Board of County Commissioners shall consider adopting a Finding or Findings of Necessity as specified in the Florida Community Redevelopment Act, Chapter 163, Part III, F.S. for any area or areas where such a Finding is deemed appropriate and is supported by documented need. Policy 101.7.4 By January 4, 1998, Monroe County shall prepare and adopt redevelopment plans for any area or areas for which the Board of County Commissioners adopts a Finding of Necessity. Policy 101.7.5 Monroe County shall consider privately developed redevelopment plans if prepared in conformance with Chapter 163, Part III, F. S. and approved by the Board of the County Commissioners. Policy 101.7.6 The Monroe County Planning Department, in coordination with the Office of Management and Budget Grants Manager, shall solicit state and federal funds to meet specific community needs for neighborhood revitalization and redevelopment identified by the needs assessment of potential redevelopment areas. Policy 101.7.7 Monroe County shall coordinate redevelopment efforts with interested citizens' groups, the Monroe County Housing Authority, the Monroe County Sheriff's Department, and other appropriate local, state and federal agencies. (The rernainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 36 of 91 Monroe County Year 2010 Comprehensive Plan Objective 101.8 Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the land development regulations and the Future Land Use Map, and structures which are inconsistent with applicable codes and land development regulations. [9J- 5.006(3Xb)3] Policy 101.8.1 Monroe County shall prohibit the expansion of non - conforming uses. [9J- 5.006(3Xc)2] Policy 101.8.2 Monroe County shall prohibit a non - conforming use to be changed to any other use unless the new use conforms to all applicable provisions of the Future Land Use category and zoning district in which it is located. Policy 101.8.3 Monroe County shall prohibit the relocation of a structure in which a non-conforming use is located unless the use thereafter conforms to the provisions of the Future Land Use category and zoning district in which it is located. Policy 101.8.4 With the exception of non - conforming uses located in the Mixed Use/Commercial Fishing Future Land Use category, if a structure in which a non - conforming use is located is damaged or destroyed so as to require substantial improvement, then the structure may be repaired or restored only for uses which conform to the provisions of the Future Land Use category and zoning district in which it is located. [9J- 5.006(c)2] Policy 101.8.5 Substantial improvement is defined as any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent of the pre-destruction market value of the structure. Improvements to historic sites, and improvements to meet health, sanitary or safety code specifications are not considered substantial improvements. [9J- 5.006(3Xc)2] Policy 101.8.6 Non - conforming uses existing as of September 15, 1986 and located within the Mixed Use /Commercial Fishing category, as indicated on the Future Land Use Map, may be rebuilt if damaged or destroyed, provided that they are rebuilt to the preexisting use, building footprint and configuration without increase in density or intensity of use. Policy 101.8.7 Monroe County shall prohibit the re- establishment of non - conforming uses which have been discontinued or abandoned. [9J- 5.006(3Xc)2] Policy 101.8.8 Enlargements and extensions to non - conforming structures shall be allowed, provided that: 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. Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 37 of 91 Monroe County Year 2010 Comprehensive Plan Policy 101.8.9 A non - conforming structure, other than a locally or nationally registered historic structure, shall not be moved unless it thereafter shall conform to the applicable provisions of the Monroe County Code. Policy 101.8.10 With the following exception, non-conforming structures which are damaged or destroyed so as to require substantial improvement shall be repaired or restored in conformance with all applicable provisions of the current Monroe County Code. Substantial improvement or reconstruction of non - conforming single - family homes shall comply with the setback provisions of the Monroe County Land Development Regulations except where strict compliance would result in a reduction in lot coverage as compared to the pre - destruction footprint of the house. In such cases, the maximum shoreline setback shall be maintained and in no event, shall the shoreline setback be less than ten (10) feet from mean height water. Policy 101.8.11 Existing manufactured homes which are damaged or destroyed so as to require substantial improvement shall be required to meet the most recent HUD standards, and the floodplain management standards set forth by FEMA. Policy 101.8.12 If a non - conforming structure is abandoned, then such structure shall be removed or converted to a conforming structure. (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 38 of 91 Monroe County Year 2010 Comprehensive Plan Objective 101.9 Monroe County shall provide for drainage and stormwater management so as to protect real and personal property and to protect and improve water quality. [9J- 5.006(3Xb )4] Policy 101.9.1 Upon adoption of the Comprehensive Plan, Monroe County shall adopt and implement the level of service standards for stormwater management established in Drainage Policy 1001.1.1. These level of service standards ensure that at the time a development permit is issued, adequate stormwater management facilities are available to support the development concurrent with the impacts of such development. (See Drainage Objective 1001.1 and related policies.) [9J- 5.006(3)(c)4] Policy 101.9.2 By January 4, 1997, Monroe County shall adopt a Stormwater Management Ordinance. This ordinance shall require that all improvements for replacement, expansion or increase in capacity of drainage facilities conform with the adopted level of service standards for new development. (See Drainage Objective 1001.1 and related policies.) [9J- 5.006(3Xc)4] Policy 101.9.3 Monroe County shall maintain a five -year schedule of capital improvement needs for drainage facilities as part of the Capital Improvement Program. This schedule shall be updated annually. (See Drainage Objective 1001.2 and related policies.) [9J- 5.006(3Xc )4] Policy 101.9.4 The County shall use the adopted Stormwater Management Master Plan as a guide for stormwater management to protect personal property and to protect and improve water quality. (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 39 of 91 Monroe County Year 2010 Comprehensive Plan Objective 101.10 Monroe County shall work cooperatively with Dade County to encourage land use planning and development controls which shall protect the recharge area of the Florida City Wellfield from potential sources of groundwater contamination. [9J- 5.006(3Xb)4] Policy 101.10.1 Protection of the Florida City Wellfield shall be accomplished through continued implementation of the Dade County Wellfield Protection Ordinance and the water supply policies of the SFWMD. [9J- 5.006(3Xc )6] Policy 101.10.2 By January 4, 1998, Monroe County shall seek an interiocal agreement with Dade County. This agreement shall provide Monroe County with an opportunity to comment on land use and regulatory issues related to the Florida City Wellfield, aquifer and aquifer recharge area. It shall set forth procedures for review of land use and regulatory activities identified as having potentially significant impacts on the aquifer recharge and water supply systems. Criteria for determination of significant impacts shall be included in the interiocal agreement. [9J- 5.006(3Xc )6] (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 40 of 91 Monroe County Year 2010 Comprehensive Plan Objective 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). (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 41 of 91 Monroe County Year 2010 Comprehensive Plan Objective 101.12 Monroe County shall ensure that sufficient acreage is available for utilities and public facilities, including education and public health facilities, required to support proposed development and redevelopment. [9J- 5.006(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, coordinate with the Municipal Services District, the Florida Keys Aqueduct Authority, City Electric System and the Florida Keys Electric Cooperative to determine the acreage and location of land needed to accommodate projected service expansions. [9J- 5.006(3Xc)3] Policy 101.12.3 Monroe County shall, on an annual basis during the preparation of the Concurrency Management Report, coordinate with the Monroe County School Board, Fire Marshall and Sheriff's 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: Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 42 of 91 Monroe County Year 2010 Comprehensive Plan No reasonable alternatives exist to the proposed location; and 2. The proposed location is approved by a supermajority of the Board of County Commissioners. The site of the Key Largo Wastewater Treatment Facility (located at mile marker 100.5) with an allowed clearing of up to 4.2 acres shall not be subject to this policy. Policy 101.12.5 Monroe County shall coordinate the siting of new public facilities with the appropriate local, state and federal agencies to resolve potential regulatory conflicts and ensure compliance with all applicable state and federal regulations. [9J- 5.006(3)(c)2 and 61 (The remainder of this page left intentionally blank.) Objective 101.13 Monroe County shall adopt innovative Land Development Regulations which implement the Goals, Objectives and Policies of the Comprehensive Plan. Such regulations shall include a Permit Allocation System for residential and non - residential development and revisions to the existing Transferable Development Rights (TDR) regulations to address existing deficiencies in the TDR program. [9J- 5.006(b)9] Policy 101.13.1 By January 4, 1997, Monroe County shall adopt Land Development Regulations which establish a Permit Allocation and Point System for new residential and non - residential development (See Policies 101.2.1, 101.3.1, and 101.5.1). Policy 101.13.2 By January 4, 1998, Monroe County shall evaluate the existing TDR program and adopt Land Development Regulations which address identified deficiencies in the program. The following issues shall be considered in evaluating the program: revision to the current tax policy whereby owners of sites which have transferred development rights continue to pay taxes on such rights until development orders have been issued for the transferred rights at the receiver sites; 2. establishment of criteria for designation of sender and receiver sites based upon factors such as the environmental characteristics of the land; 3. establishment of mechanisms to enhance the value and marketability of TDRs such as assigning density bonuses to receiver sites; 4. Clarification of the status of sites which have transferred development rights, including the possible requirements that sender sites be dedicated as public or private open space through conservation easement or other mechanism. At a minimum, the LDRs shall be revised to require that a restrictive covenant be recorded on the sender site deed at the time of the Allocation Award for the Permit Allocation System; and 5. establishment of a management and accounting system to tract TDRS Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 43 of 91 Monroe County Year 2010 Comprehensive Plan 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) Main land Native (MN) Native (NA) Sparsely Settled (SS) Parks and Refuge (PR) Conservation (C) Habitat of the following types which lie within any zoning category: Freshwater wetlands Saltmarsh/Buttonwood wetlands High quality high hammock High quality low hammock Moderate quality high hammock Moderate quality low hammock High quality pinelands Low quality pinelands Beach/berm Palm Hammock Cactus Hammock Disturbed Wetlands Policy 101.13.5 In conjunction with the evaluation of the TDR program pursuant to Policy 101. 13.2 and no later than one year from the date when the County's Geographic Information System is fully functional, Monroe County shall map potential TDR sender and receiver sites as 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. (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 44 of 91 Monroe County Year 2010 Comprehensive Plan Objective 101.14 By January 4, 1997, Monroe County shall adopt Land Development Regulations which direct future growth away from areas subject to periodic flooding. Policy 101.14.1 Monroe County shall discourage developments proposed within the Coastal High Hazard Area (CHHA) [9J- 5.006(3Xc)1] Policy 101.14.2 Monroe County shall prohibit the placement of mobile homes within the CHHA except on an approved lot within an existing mobile home park or subdivision zoned for such use. [9J- 5.012(3Xc)3] (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 45 of 91 Monroe County Year 2010 Comprehensive Plan Objective 101.15 Monroe County shall enforce and update the existing Sign Ordinance in order to maintain and improve the visual character of the County and protect adjacent land uses. Policy 101.15.1 By January 4, 1998, Monroe County shall complete an evaluation of the existing Sign Ordinance and adopt revisions to the Land Development Regulations required to correct identified deficiencies and eliminate non - conforming signage conditions. [9J- 5.006(3Kc)1] (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 46 of 91 Monroe County Year 2010 Comprehensive Plan Objective 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(3xc)4] (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 47 of 91 Monroe County Year 2010 Comprehensive Plan Objective 101.17 Monroe County shall create and maintain a County Geographic Information System (GIS) to provide an up-to -date database for use in implementing the goals, objectives and policies of the Comprehensive Plan. Policy 101.17.1 By January 4, 1997, the Monroe County Growth Management staff shall create an up-to- date socioeconomic and physical database linked to the County Geographic Information System (GIS) for use in managing future land use. The database shall incorporate 1990 Census information. Policy 101.17.2 The Monroe County Growth Management staff shall, on a quarterly basis, update the GIS and associated databases to incorporate new or updated information such as development activity, zoning changes, updated Census data, new natural resource information, etc. Policy 101.17.3 Monroe County shall continue to share data with the Florida Keys Aqueduct Authority, City Electric System, South Florida Water Management District, and other agencies for use in GIS applications. Policy 101.17.4 The Monroe County Growth Management Division shall coordinate with the Property Appraiser's Office to ensure existing land uses and densities and intensities of use are accurately reflected in the County's database. (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 48 of 91 Monroe County Year 2010 Comprehensive Plan Objective 101.18 Monroe County hereby adopts the following procedures and criteria for the determination of vested rights and beneficial use and for the effect of such determinations. Policy 101.18.1 A determination of vested rights and beneficial use shall require: appointment of a hearing officer who shall give notice, schedule, and conduct a public hearing on the application; 2. the preparation of a proposed Determination including findings of fact and conclusions of law which shall be submitted to the Board of County Commissioners; and 3. a final Determination that shall specify the development rights that are vested or the beneficial use to which the landowner is entitled, including: a) the geographic scope of the Determination in relation to the total area of the development site; b) the duration of the Determination and an expiration date; C) the substantive scope of the Determination, including, but not limited to, whether the development is vested for density, concurrency, and building permit allocation; d) the applicability of existing and future County land development regulations; e) verification that construction timely commences and quarterly reporting requirements to ensure that the development is continuing in good faith; and f) such other limitations and conditions necessary to assure compliance with the Comprehensive Plan. Policy 101.18.2 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: Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 49 of 91 Monroe County Year 2010 Comprehensive Plan (1) one or more valid, unexpired permits or approvals issued by Monroe County, provided that the zoning or land use designation of property shall not be deemed to constitute a permit or approval for the purpose of a determination of vested rights; or (2) a subdivision plat recorded in the official records of Monroe County which fulfills the criteria established in Section 380.05(18), F.S.; or (3) an unexpired determination of vested rights granted by the County in accordance with Section 9.5 -181 through 9.5 -184 of the Monroe County Land Development Regulations in effect as of September 15,1986; or (4) a valid, unexpired building permit issued prior to the effective date of this Comprehensive Plan; and b) the applicant acting in good faith, has made such a substantial change of position or has incurred such extensive obligations and expenses that it would be highly inequitable or unjust to affect such rights by requiring the applicant to now conform to the comprehensive plan and land development regulations. Substantial changes of position or expenditures incurred prior to the official County act upon which the vested rights claim is based shall not be considered in making the vested rights determination; and C) that the development has commenced and has continued in good faith without substantial interruption. 4. From and after the effective date of this Comprehensive Plan, landowners with a valid, unexpired Development of Regional Impact approval granted by the County shall be vested, but only with respect to the portion of the Development of Regional Impact expressly covered by such approval. Policy 101.18.3 A vested rights determination shall not preclude the County from subjecting the proposed development to County land development regulations in effect on the date of the vested rights determination or adopted subsequent to the vested rights determination unless the development is shown to be vested with regard to the subject matter addressed by a prior development order and the specific requirements pursuant to the procedures and criteria of 101.18.1 and 101.18.2. Policy 101.18.4 A vested rights determination shall specify an expiration date by which all building permits necessary for development shall have been issued. The expiration date shall be reasonable and in no event later than the date 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 Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 50 of 91 Monroe County Year 2010 Comprehensive Plan 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 (TDRs); 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. (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 51 of 91 Monroe County Year 2010 Comprehensive Plan Objective 101.19 Monroe County recognizes that there presently exists a significant excess of platted residential subdivision lots relative to the County's carrying capacity based upon hurricane evacuation, traffic circulation, water quality and marine resources, and other level of service standards. The County further recognizes that lot owners who are unaware that they will be subject to the 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 shows that the plat will meet all requirements of the comprehensive plan and land development regulations. [9J- 5.006(3Xc)1] Policy 101.19.2 Monroe County shall require that, upon approval, all plats include the following notice: NOTICE TO LOT PURCHASERS AND ALL OTHER CONCERNED INDIVIDUALS Purchase of a platted lot shown hereon confers no right to build any structure on such lot, nor to use the lot for any particular purpose, nor to develop the lot. The development or use of each lot is subject to, and restricted by, the goals, objectives, and policies of the adopted comprehensive plan and land development regulations implementing the plan; therefore, no building permits shall be issued by the County unless the proposed development complies with the comprehensive plan and land development regulations. (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 52 of 91 Monroe County Year 2010 Comprehensive Plan Objective 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 altematives will be encouraged through the process; 10. Each Community Master Plan will contain a Transportation Element addressing Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 53 of 91 Monroe County Year 2010 Comprehensive Plan transportation needs and possibilities including circulation, safe and convenient access to goods and services, and transportation alternatives that will be consistent with the overall integrity of the transportation system not resulting in negative consequences for other communities; and 11. Each Community Master Plan will be based on knowledge of existing conditions in each community. The Planning Department will compile existing reports, databases, maps, field data, and information from other sources supplemented by community input to document current conditions; and 12. Each Community Master Plan will simplify the planning process providing clarity and certainty for citizens, developers, and local officials by providing a transparent framework for a continuing open dialogue with different participants involved in planning issues. Policy 101.20.2 The Community Master Plans shall be incorporated into the 2010 Comprehensive Plan as a part of the plan and be implemented as part of the Comprehensive Plan. The following Community Master Plans have been completed in accordance with the principles outlined in this section and adopted by the Board of County Commissioners: Master Plan for Future Development of Big Pine Key and No Name Key, dated August 2004 and adopted by the Board of County Commissioners on August 18, 2004 is incorporated by reference into the 2010 Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the term Objectives in the Comprehensive Plan and the term Action Item is equivalent to the term Policy; the meanings and requirements for implementation are synonymous. 2. The Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 dated February 11, 2005 and adopted by the Board of County Commissioners on February 16, 2005 is incorporated by reference into the 2010 Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the term Objective in the Comprehensive Plan and the term Action Item is equivalent to the term Policy; the meanings and requirements for implementation are synonymous. 3. The Stock Island/Key Haven Livable CommuniKeys Plan Volume I is incorporated by reference into the 2010 Comprehensive Plan. The term Strategies in this Master Plan is equivalent to the term Objectives in the Comprehensive Plan and the term Action Item is equivalent to the term Policy; the meanings and requirements for implementation are synonymous. 4. Volume Two (2) of the Stock Island and Key Haven Livable CommuniKeys Master Plan titled Harbor Preservatior✓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. Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 54 of 91 Monroe County Year 2010 Comprehensive Plan (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 55 of 91 Monroe County Year 2010 Comprehensive Plan GOAL 102 Monroe County shall direct future growth to lands which are intrinsically most suitable for development and shall encourage conservation and protection of environmentally sensitive lands. [9J- 5.006(3Xa)] Objective 102.1 Upon adoption of the Comprehensive Plan, Monroe County shall require new development to comply with environmental standards and environmental design criteria which will protect disturbed wetlands, native upland vegetation and beach/berm areas. [9J- 5.006(3Xb)1 and 4] Policy 102.1.1 The County shall protect submerged lands and wetlands. The open space requirement shall be one hundred (100) percent of the following types of wetlands: 1. submerged lands 2. mangroves 3. salt ponds 4. fresh water wetlands 5. fresh water ponds 6. undisturbed salt marsh and buttonwood wetlands Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and undisturbed salt marsh and buttonwood wetlands only for use as transferable development rights away from these habitats. Submerged lands, salt ponds, freshwater ponds, and mangroves shall not be assigned any density or intensity. [9J- 5.006(3) (c) 1 and 6] (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 56 of 91 Monroe County Year 2010 Comprehensive Plan Objective 102.2 Upon adoption of the Comprehensive Plan, Monroe County shall adopt revisions to the Environmental Standards (Section 9.5 -335) and Environmental Design Criteria (Section 9.5 -345) of the Land Development Regulations. These revisions will require new development to further protect disturbed wetlands, native upland vegetation and beach/berm areas. [9J- 5.006(3Xb)1 and 4] Policy 102.2.1 Monroe County shall adopt revised environmental standards and environmental design criteria as indicated in Conservation and Coastal Management Policy 204.2.6. These revised standards and criteria will eliminate the net loss of disturbed wetlands. Where possible, on -site mitigation shall be required in order to offset any loss of disturbed wetlands by requiring revegetation of an area equal or greater in size than the area proposed for fill. If on -site mitigation is not possible, restoration fees shall be paid pursuant to a wetlands restoration fund. [9J- 5.006(3Xc)1 and 6; also see Policy 204.3.1 and 204.3.4] Policy 102.2.2 Monroe County shall adopt revised environmental standards and environmental design criteria as indicated in policies adopted pursuant to Conservation and Coastal Management Objective 205.2. These revised standards and criteria will protect native upland vegetation and promote restoration of habitat values of native upland communities, including hardwood hammocks and pinelands. [9J- 5.006(3Xc )6] Policy 102.2.3 Monroe County shall adopt revised environmental standards and environmental design criteria as indicated in policies adopted pursuant to Conservation and Coastal Management Objective 206.1. These revised standards and criteria will protect beach/berm resources. They will address permitted uses, siting of structures, disturbances, removal of invasive vegetation, and restoration of native vegetation in beach/berm areas. [9J- 5.006(3Xc)1 and 6] (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 57 of 91 Monroe County Year 2010 Comprehensive Plan 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(3Kb)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(3Kc)1 and 6] Policy 102.3.2 Monroe County shall require development clustering so as to avoid impacts on sensitive habitats and to provide for the preservation of all required open space in a contiguous, non - fragmented condition by requiring the following: 1. when a parcel proposed for development contains more than one (1) habitat type, all development shall be clustered on the least sensitive portion(s) of the parcel (as is currently required): and 2. development permitted on the least sensitive portion(s) of a parcel shall be clustered within that portion(s) of the parcel. (See Conservation and Coastal Management Policy 205.2.3). [9J- 5.013(2xc)3] (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 58 of 91 Monroe County Year 2010 Comprehensive Plan Objective 102.4 Monroe County in cooperation with the state and other acquisition agencies shall prepare a Land Acquisition Master Plan by July 1, 2005 containing a strategy for securing funding, and a determination of those sources considered appropriate for acquisition and management of conservation lands, retirement of development rights and identification and purchase of sites for affordable and employee housing and recreational purposes. Acquisition priorities should be consistent with the tiered system adopted by this plan and as required by the State Work Program in Policy 101.2.13 in order to identify lands appropriate for voluntary purchase consistent with the comprehensive plan policies. [9J- 5.006(3Xb )4, 10 and 9J- 5.010(2Xc)3] Policy 102.4.1 The Monroe County Land Acquisition Master Plan shall be developed and implemented by the Growth Management Division, in cooperation with the Monroe County Land Authority, FDEP, FDCA, FWC, USFWS and other responsible federal and state agencies. [9J- 5.006(3Xc)4 and 6] Policy 102.4.2 The Land Authority and the Growth Management Division shall identify the types of lands which shall be considered for acquisition. These shall include, at a minimum: designated Tier I (Natural Areas) lands as defined in Policy 105.2.1.1, which shall include all contiguous hammock or pineland areas above four acres in area; 2. restoration areas between fragmented hammocks to increase the contiguous hammock size and buffers where appropriate and lands containing naturally occurring and native habitats; 3. fresh water wetlands, and undisturbed salt marsh, and buttonwood wetlands that are required open space under Policy 102.1.1; 4. patches of upland native vegetation of one acre or greater in area in Tier III, designated as Special Protection Areas, that provide habitat for small birds and animals and contribute to the quality of the neighborhoods; 5. lands containing unique geologic features; 6. lands whose conservation would enhance or protect water quality or would protect fish or wildlife habitat, which cannot be adequately protected through local, state and federal regulatory programs; 7. lands in Tier III for employee and affordable housing that do not involve the clearing of any upland native vegetation contained within a patch of one acre or greater; 8. lands which can be used, without adverse impacts on natural resources, for community and neighborhood parks and/or public beaches water access;; 9. lands which offer the opportunity for preservation of significant archaeological or historical sites; and 10. lands with habitat value on Big Pine Key and No Name Key to meet mitigation requirements of the Big Pine Key and No Name Key Habitat Conservation Plan [9J- 5.0006(3Xc)4 and 6] Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 59 of 91 Monroe County Year 2010 Comprehensive Plan Policy 102.4.3 The Land Authority and Growth Management Division shall develop a priority list of acquisition sites. This list shall be updated annually with public input. In formulating this list, the County shall prioritize Tier I lands over Tier II (Big Pine Key and No Name Key) and Tier III lands. Outside the boundaries of Tier I, land with fragmented hammocks or pinelands of greater than one -acre in area and wetlands identified in Policy 102.4.2, 2 shall be the second highest priority for acquisition. Acquisition of land for affordable housing in Tier III that does not involve any clearing within an upland tropical hammock or pineland of one acre or greater in area shall also be a top priority. [9J- 5.006(3Xc)4 and 6] Policy 102.4.4 The Monroe County Land Acquisition Master Plan shall contain an acquisition financing plan which identifies sources of funding for acquisition of lands on the Priority List. Land acquisition will be a coordinated effort between the state and federal govemments and the County. The County shall petition the state and federal government to accept pdmary responsibility for acquisition of Tier I, conservation and natural lands. The County shall be responsible for purchases in Tier II (Big Pine Key and No Name Key) and in Tier III of wetlands and fragmented hammock or pineland areas of one -acre or greater. Land acquisition for other priorities depends upon funding availability, need and future use. [9J- 5.006(3Xc)4 and 6] Policy 102.4.5 An intergovernmental organization and management structure shall be developed to implement the expanded acquisition program, including representatives of the Growth Management Division, Land Authority, municipalities and state and federal agencies. [9J- 5.006(3Xc)4 and 6] Policy 102.4.6 The Monroe County Land Acquisition Master Plan shall contain policies to direct the overall acquisition program, criteria to follow when setting priorities for acquisition and a framework for the acquisition process and the sharing of responsibilities. At a minimum the plan shall include the following: Environmental protection, density reduction and passive recreation: a) public acquisition, ownership and maintenance will be the preferred option for Tier I lands and for dusters of undisturbed wetland and tropical hardwood hammock, or pineland patches of one acre or greater in size in Tier II (Big Pine and No Name Key) and Tier III; b) buy /sell back to the adjacent property owner's option will be followed in Tier II, where sprawl and density reduction and mitigation requirements of the Habitat Conservation Plan for Big Pine Key and No Name Key are the prime impetus for land purchase. A higher pdority for acquisition will be given to those parcels in Tier II (Big Pine and No Name Key) with neighboring properties owners or communities who want to partner with the county to purchase the lots and take responsibility for maintenance and protection of any areas of native vegetation; c) purchased lands that can also provide needed recreational opportunities will be identified in coordination with the Parks and Recreation Board and a plan for utilization developed; d) non - purchase options will also be explored and specific recommendations included; e) criteria for the ranking of land acquisitions within the different pdodty 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 Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 60 of 91 Monroe County Year 2010 Comprehensive Plan area ratio of parcels by combining lots for acquisition, 3) potential for successful reclamation if within a larger, better hammock quality area, and 4) maintenance costs for isolated parcels. 2. Affordable and employee housing: a) parcels in Tier III suitable for the development or redevelopment of six or more residential units will be identified and prioritized for acquisition; b) priority for acquisition will be given to projects that are ready to proceed with ROGO allocations available; c) public/private/non -profit partnerships and/or agreements will be utilized to develop the site and maintain the affordability of residential units in perpetuity. Policy 102.4.7 Lands acquired through the Monroe County Land Acquisition Program shall be managed to restore, preserve, and protect the conservation, recreation, density reduction and affordability purposes for which the lands were acquired. (See Recreation and Open Space Objective 1201.11 and related policies.) [9J- 5.006(3Xc)4 and 6] Objective 102.5 Monroe County shall develop and implement a water quality protection program. This program shall address existing sources of water pollution in nearshore waters of the Florida Keys. It shall be undertaken in cooperation with EPA, DER, SFWMD, and NOAA, and shall be part of the Florida Keys National Marine Sanctuary. [9J- 5.006(3Xb)4] Policy 102.5.1 Monroe County shall develop and implement permitting, inspection, and enforcement procedures designed to reduce pollutant discharges into ground and surface waters from: on -site disposal systems (by January 4, 1998) (See Sanitary Sewer Goal 901 and related objectives and policies); 2. secondary sewage treatment plants and injection wells (by January 4, 1998) (See Sanitary Sewer Goal 901 and related objectives and policies); 3. moored/anchored vessels (liveaboards) in near -shore waters (by January 4, 1998) (See Conservation and Coastal Management Objective 202.4 and related policies); 4. marinas and fueling facilities (by January 4, 1998) (See Conservation and Coastal Management Element Objective 202.5 and related policies); and 5. stormwater runoff (by January 4, 1997) (See Drainage Goal 1001 and related objectives and policies). [9J- 5.006(3Xc)4 and 6] (The remainder of this page left intentionally blank.) 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 Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 61 of 91 Monroe County Year 2010 Comprehensive Plan 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] (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 62 of 91 Monroe County Year 2010 Comprehensive Plan Objective 102.6 Development of the mainland area of Monroe County shall be controlled so as to reduce public expenditures and to preserve the wilderness state of the area, as defined under the Wilderness Act. [9J- 5.006(3Xb )4] Policy 102.6.1 Monroe County hereby incorporates by reference the existing management plans for Everglades National Park and Big Cypress National Preserve (U.S. Department of the Interior, National Park Service, 1989). [9J- 5.006(3Xc )6] Policy 102.6.2 By January 4, 1997, Monroe County shall adopt Land Development Regulations pertaining to the Mainland Native Area District which: prohibit construction of any roads or canals in mainland Monroe County that would permit new access into the mainland wilderness area or would alter the natural flow regimes of the Everglades or Big Cypress Swamp; and 2. prohibit development that would introduce human activities or habitations into the undisturbed portions of Everglades National Park or Big Cypress Swamp National Preserve. [9J- 5.006(3Xc )6] (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 63 of 91 Monroe County Year 2010 Comprehensive Plan Objective 102.7 Monroe County shall regulate land use activities on the islands in the surrounding waters of Florida Bay and Hawk Channel within the legal boundaries of Monroe County. [9J- 5.012(3)(b)1 and 4; 9J- 5.006(3Xb )4] Policy 102.7.1 By January 4, 1998, Monroe County shall expand its Geographic Information System to include the following: offshore islands in the Upper, Middle and Lower Keys (in public and private ownership); 2. upland and wetland vegetation data for offshore islands in private ownership; 3. land use data for offshore islands in private ownership; and 4. public facilities and services. Data shall be obtained using digital information made available to Monroe County through the Florida Advance Identification of Wetlands (ADID) Program and from the Florida Keys National Marine Sanctuary Management Plan program. [9J- 5.006(3Xc )6] Policy 102.7.2 By January 4, 1997, Monroe County shall adopt Land Development Regulations which will further restrict the activities permitted on offshore islands. These shall include the following: development shall be prohibited on offshore islands (including spoil islands) which have been documented as an established bird rookery or nesting area (See Conservation and Coastal Management Policy 207.1.3.); 2. campgrounds and marinas shall not be permitted on offshore islands; 3. new mining pits shall be prohibited on offshore islands; 4. permitted uses by -right on islands (which are not bird rookeries) shall include detached residential dwellings, camping (for the personal use of the owner of the property on a temporary basis), beekeeping, accessory uses, and home occupations (subject to a special use permit requiring a public hearing); 5. temporary primitive camping by the owner, in which no land clearing or other alteration of the island occurs, shall be the only use of an offshore island which may occur without necessity of a permit; 6. the use of any motorized vehicles including, but not limited to, trucks, carts, buses, motorcycles, all- terrain vehicles and golf carts shall be prohibited on existing undeveloped offshore islands; 7. planting with native vegetation shall be encouraged whenever possible on spoil islands; and 8. public facilities and services shall not be extended to offshore islands. [9J- 5.006(3Xc )6] Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 64 of 91 Monroe County Year 2010 Comprehensive Plan Policy 102.7.3 Monroe County shall discourage developments proposed on offshore islands by methods including, but not limited to, designated offshore islands as Tier I Lands [9J- 5.006(3Kc )6] (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 65 of 91 Monroe County Year 2010 Comprehensive Plan 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(3Xc )6] Policy 102.8.3 By January 4, 1997, shoreline hardening structures, including seawalls, bulkheads, groins, rip -rap, etc., shall not be permitted along shorelines of CBRS units. [9J- 5.006(3Xc )6] Policy 102.8.4 By January 4, 1998, privately -owned undeveloped land located within the CBRS units shall be considered for acquisition by Monroe County for conservation purposes through the Monroe County Natural Heritage and Park Program. [9J- 5.006(3Xc )6] Policy 102.8.5 Monroe County shall efforts to discourage the extension of facilities and services provided by the Florida Keys Aqueduct Authority and private providers of electricity and telephone service to CBRS units. These efforts shall include providing each of the utility providers with: a map of the areas of Monroe County which are included in CBRS units; 2. a copy of the Executive Summary in Report to Congress: Coastal Barrier Resources System published by the U.S. Department of the Interior, Coastal Barriers Study Group, which specifies restrictions to federally subsidized development in CBRS units; 3. Monroe County policies regarding local efforts to discourage both private and public investment in CBRS units [9J- 5.006(3Xc )6] (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 66 of 91 Monroe County Year 2010 Comprehensive Plan Objective 102.9 In cooperation with other responsible state and federal agencies, Monroe County shall complete and implement a cooperative land management program for publicly owned lands acquired through implementation of the Monroe County Land Acquisition Master Plan (Objective 102.2), Goal 105 and the Florida Keys Carrying Capacity Study. Policy 102.9.1 Monroe County shall discourage developments which are proposed in Tier I through the permit allocation system and the environmental regulations. [9J- 5.006(3Xc )6] Policy 102.9.2 Monroe County, in cooperation with appropriate state and /or federal agencies, shall initiate a planning process to develop policies to direct the over -all management program for publicly owned native lands. Changes in policies and speck management strategies may be modified as the program progresses, acquisitions continue and new information becomes available through biological research or monitoring of the management units. [9J- 5.006(3Xc)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] (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 67 of 91 Monroe County Year 2010 Comprehensive Plan GOAL 103 Monroe County shall implement regulations and programs to address the special environmental protection and /or traffic circulation needs of those areas of Big Pine Key, North Key Largo, Holiday Isles and Ohio Key formerly described as the Areas of Critical County Concern (ACCC) in the 1986 version of the Comprehensive Plan and Land Development Regulations. The Goals, Objective and Policies of this Plan will replace the Focal Point Plans. [9J- 5.006(3Xb)1 and 4] Objective 103.1 Monroe County shall regulate future development and coordinate the provision of public facilities on Big Pine Key and No Name Key, consistent with the Goals, Objectives, and Policies of this Comprehensive Plan, the Livable CommuniKeys Master Plan and the Habitat Conservation Plan, for Big Pine Key and No Name Key in order to: (a) protect the Key deer (Odocoileus virginianus clavium (b) preserve and enhance the habitat of the Key deer; (c) limit the number of additional vehicular trips from other islands to Big Pine Key; (d) maintain the rural, suburban, and open space character of Big Pine Key; and (e) prevent and reduce adverse secondary and cumulative impacts on Key Deer. [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 Paris Program. (See Objective 102.4 and related policies.) [9J- 5.012(3Xc)1; 9J- 5.013(2Xc)5 and 6] Policy 103.1.4 Monroe County shall support, wherever possible, the efforts of federal agencies, state agencies, and private non -profit conservation organizations, to acquire land for conservation purposes within habitat areas of the Key deer. [9J- 5.012(3Xc)1; 9J- 5.013(2Xc)5 and 6] (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 68 of 91 Monroe County Year 2010 Comprehensive Plan 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: 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. (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 69 of 91 Monroe County Year 2010 Comprehensive Plan 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 (Crocod)lus acutus), the Key Largo wood rat (Neotoma floridana smalls), 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(3)(b)l and 4] Policy 103.2.1 Monroe County shall implement methods including, but not limited to, designating known habitat of the Schaus swallowtail butterfly as Tier I. [W-5.012(3)(c)1; 9J- 5.013(2xc)5 and 6] Policy 103.2.3 By January 4, 1997, Monroe County shall adopt revisions to the Land Development Regulations pertaining to development siting and clustering so as to avoid impacts on sensitive habitats and to provide for the retention of contiguous open space by requiring the following: when a parcel proposed for development contains more than one (1) habitat type, all development shall be clustered on the least sensitive portion(s) of the parcel (as is currently required); and 2. development permitted on the least sensitive portion(s) of a parcel shall be clustered within that portion(s) of the parcel. (See Conservation and Coastal Management Policy 205.2.3.) [9J- 5.013(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: assessment of needs 2. evaluation of altemative sites and design alternatives for the selected sites; and 3. assessment of impacts on surrounding land uses and natural resources. The assessment of impacts on surrounding land uses and natural resources will evaluate the extent to which the proposed public facility involves public expenditures in the coastal high hazard area and within environmentally sensitive areas, including disturbed salt marsh and buttonwood wetlands, undisturbed beach/berm areas, units of the Coastal Barrier Resources System, undisturbed uplands (particularly high quality hammocks and pinelands), habitats of species considered to be threatened or endangered by the state and/or federal governments, offshore islands, and Conservation Land Protection Areas. Monroe County shall require that public facilities be developed on the least environmentally sensitive lands and shall prohibit the location of public facilities on North Key Largo, unless no feasible alternative exists and such facilities are required to protect the public health, safety, or welfare. Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 70 of 91 Monroe County Year 2010 Comprehensive Plan Policy 103.2.5 Monroe County shall monitor FKAA compliance with federal regulations prohibiting potable water hookups to designated habitat areas of the American crocodile, the Key Largo wood rat, the Key Largo cotton mouse, and the Schaus swallowtail butterfly (pursuant to FKAA Rules Chapter 48-7). [9J- 5.012(3Xc)1; 9J- 5.013(2Xc)5 and 6] Policy 103.2.6 Monroe County shall implement activities to protect the habitat and prohibit the destruction of the: American crocodile (See Conservation and Coastal Management Objective 207.8 and supporting policies); 2. Schaus swallowtail butterfly (See Conservation and Coastal Management Objective 207.10 and related policies); and 3. the Key Largo wood rat and the Key Largo cotton mouse (See Conservation and Coastal Management Objective 207.12 and related policies.) 9J- 5.012(3Xb)1; 9J- 5.013(2Xb )6] Policy 103.2.7 Monroe County shall identify native upland habitats used by the Schaus swallowtail butterfly and the Key Largo wood rat and the Key Largo cotton mouse as priority acquisition sites for conservation purposes. Emphasis shall be placed upon acquisition of native upland sites which are located within Improved Subdivisions and which are outside of the acquisition areas identified by the FWS (for the Crocodile Lake National Wildlife Refuge), and DNR (for the Key Largo Hammock CARL Project). Acquisition shall be considered through the Monroe County Natural Heritage and Park Program. (See Objective 102.4 and related policies.) [9J- 5.012(3Xc)1; 9J- 5.013(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 government -owned parks and conservation lands which are within or affected by land uses in North Key Largo, including: Crocodile Lake National Wildlife Refuge; 2. John Pennekamp Coral Reef State Park; 3. North Key Largo Hammock State Botanical Site and CARL Project; and 4. Biscayne Bay - Card Sound State Aquatic Preserve. (See Objective 102.9 and related policies.) [9J- 5.006(3Xb)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(3)(c)1; 9J- 5.013(2Xc)5 and 6] Policy 103.2.10 Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 71 of 91 Monroe County Year 2010 Comprehensive Plan 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(3)(b )4] Policy 103.2.11 Prior to issuing a building permit or development approval, Monroe County shall require an archaeological/historical review of the proposed development site, performed by a qualified professional familiar with Monroe County. The review will identify the potential development impacts on any resources present, and will recommend mitigation measures, if any. Policy 103.2.12 Prior to issuing a building permit or development approval, Monroe County shall require that the Monroe County Biologist visit the site of all development approval and building permit applications within North Key Largo to assess the need for any federal or state permits. Policy 103.2.13 Prior to issuing a building permit or development approval, Monroe County shall require all applicants to obtain all federal and state permits, including, but not limited to, required permits pertaining to endangered species as required by the U.S. Fish and Wildlife Service and the Florida Game and Fresh Water Fish Commission. Policy 103.2.14 Monroe County, in conjunction with the FWS, shall implement activities to prohibit the destruction of the federally- designated threatened and endangered species and to protect its habitat by addressing: 1. enforcement of animal control laws; 2. construction of fences; 3. roadside management techniques; 4. feeding laws; 5. speed limit enforcement; 6. removal of invasive plants; 7. distribution of management guidelines to private landowners; and 8. attainment of endangered species management objectives. (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 72 of 91 Monroe County Year 2010 Comprehensive Plan Objective 103.3 Monroe County shall coordinate future development on Ohio Key to protect the habitat value and environmental sensitivity of the wetland system on that Key that serves as habitat for a variety of wading birds, including the piping plover (Charadrius melodius), a species listed as threatened under the Endangered Species Act. Policy 103.3.3 Upon adoption of the Comprehensive Plan, Monroe County shall implement methods including, but not limited to, the Permit Allocation and Point System in order to discourage developments which may adversely impact activities of the piping plover on their wintering grounds (measures of adverse impact to be established by the Monroe County Biologist). (See Policy 101.5.4) [9J- 5.012(3Xc)1; 9J- 5.013(2Xc)5 and 6] (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 73 of 91 Monroe County Year 2010 Comprehensive Plan Objective 103.4 By January 4, 1997, the Land Development Regulations will be revised to address the issues in the focal point plans for all four ACCC designations as stipulated in Objectives 103.1 to 103.3 and related policies. Policy 103.4.1 By January 4, 1997, the Land Development Regulations will be revised to eliminate the ACCC designations from Holiday Isle, Big Pine Key, North Key Largo, and Ohio Key. (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 74 of 91 Monroe County Year 2010 Comprehensive Plan GOAL 104 Monroe County shall recognize, designate, protect, and preserve its historic resources. [9J- 5.006(3Xa)] Objective 104.1 Monroe County shall establish and maintain a comprehensive inventory of historic and archaeological resources, including buildings, structures, districts, sites, objects, and significant places. [9J- 5.006(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 State Department of Historic Resources for any historic resources, particularly architectural resources, which are not currently included in the Florida Master Site File. [9J- 5.006(3Xc )8] Policy 104.1.5 By January 4, 1998, the Monroe County Growth Management Division shall develop a computerized inventory system for compiling, updating and accessing information pertaining to historic resources. The computerized data base shall include descriptive information provided by the Florida Master Site File and any National Register or Florida Keys Historic Register designations. Included as part of this proposed system shall be an interface with the County's Geographic Information System to provide mapped locations of sites listed on the National Register or Florida Keys Historic Register (See Objective 104.2 and related policies). [9J- 5.006(3Xc )8] (the remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 75 of 91 Monroe County Year 2010 Comprehensive Plan Objective 104.2 Monroe County shall formally recognize significant historic and archaeological resources by nominating appropriate resources on the National Register and/or the Florida Keys Historic Register. [9J- 5.006(3Xb )4] Policy 104.2.1 Monroe County shall revise the Land Development Regulations to expand and refine the program and procedures for protection of local historical, archaeological and cultural resources. At a minimum, the Land Development Regulations should be expanded to: 1. establish a Florida Keys Historic Register to which landmarks of local significance are named; 2. establish a review committee and provide for an historiclarchaeological review within the development review process; 3. list the criteria and procedure for selecting a review committee; 4. specify the development review procedure; 5. specify designation criteria for sites and structures of historical, architectural, archaeological, and cultural significance; 6. include procedures for designation of local historic districts; 7. describe the consequences of local designation, such as restrictions on archaeological site disturbance, and on demolition or alteration of historic structures; 8. provide procedures for enforcement; 9. specify the penalties and/or mitigation measures for non - compliance; 10. provide for the documentation and protection of sites which are not listed as local landmarks but are discovered through the development process or otherwise discovered; and 11. provide incentives for the preservation and protection of local landmarks. Policy 104.2.2 By January 4, 1998, Monroe County Growth Management Division shall prepare documentation to nominate the following resources to the Florida Keys Historic Register of historic places: 1. all resources listed on the National Register of Historic Places which are located in unincorporated Monroe County; 2. archaeological sites identified as worthy of preservation; and 3. Tavernier Historic District. [9J- 5.006(3Xc)8] Policy 104.2.3 After revisions to the land development regulations pertaining to the Florida Keys Historic Register are adopted, the County shall contact local historic preservation groups and Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 76 of 91 Monroe County Year 2010 Comprehensive Plan encourage them to nominate eligible historic resources to the Florida Keys Historic Register. The Monroe County Growth Management Division shall provide information and technical assistance to individuals and local historic preservation groups who wish to prepare nominations to the Florida Keys Historic Register. [9J- 5.006(3Xc)8] Policy 104.2.4 By January 4, 1998 Monroe County shall submit documentation for nominating the following resources to the National Register of Historic Places: old overseas railroad bridges identified in the AHC Architectural Windshield Survey (Thematic Resource nomination); 2. hurricane houses and public buildings (the Islamorada Library and the Tavernier Health Department) constructed as WPA projects in addition to the hurricane memorial in Islamorada; and 3. archaeological sites identified in the AHC 1988 survey as eligible for nomination to the National Register (Individual Historic Site nominations). [9J- 5.006(3Xc )8] Policy 104.2.5 Monroe County shall nominate other historic resources to the National Register as those resources are identified. [9J- 5.006(3Xc )8] (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 77 of 91 Monroe County Year 2010 Comprehensive Plan Objective 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: establish a historic/archaeological review board to review development proposals which impact designated historic resources; 2. list the qualifications and selection criteria for review board members; 3. specify the criteria for local designation of historic resources guided by the criteria for designation to the National Register, 4. incorporate the procedure for local designation as specked in Article VIII of the Land Development Regulations (See Policy 104.2.1); 5. specify the restrictions on archaeological sites resulting from local designation. Establish standards to address the siting and design of proposed developments to minimize impacts on archaeological resources, and the proper documentation and recording of the site including retrieving of artifacts; 6. specify the restrictions on the demolition and alteration of historic structures resulting from local designation. Establish standards to evaluate alterations to historic structures which are consistent with the U.S. Department of the Interior's "Standards for Rehabilitation"; 7. specify the restrictions on historic districts resulting from local designation. Establish exterior architectural standards to evaluate development proposals within designated historical districts with the intent of encouraging compatibility with the architectural features of historical significance to the particular district; 8. establish a procedure for reviewing development and redevelopment proposals which impact designated resources; 9. specify procedures where development activities uncover unknown archaeological resources; 10. provide procedures for enforcement and consequences of non - compliance; 11. provide incentives such as transfer of development rights, tax credits, tax relief, special property tax assessments, building code waivers, building application fee exemptions, zoning variances, and FEMA exemptions to encourage the conservation and rehabilitation of privately -owned historic resources; and 12. specify permitting and review procedures that reconcile redevelopment of designated historical buildings and sites with their potential non - conforming status. [9J- 5.006(3Xc )8] Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 78 of 91 Monroe County Year 2010 Comprehensive Plan Policy 104.3.2 The County shall evaluate the possibility of incorporating effects of proposed developments on historic resources into the Point System established by Land Use Element Objective 101.5 and supporting policies. [9J- 5.006(3Xc)8] Policy 104.3.3 The Land Development Regulations adopted pursuant to Policy 104.3.1 shall be drafted to meet the requirements of the Department of the Interior's "Certified Local Government Program" which shall enable Monroe County to qualify for State Historic Preservation Grants -in -Aid. Within six months of adopting Land Development Regulations pursuant to Policy 104.3.1, Monroe County shall submit the historic preservation regulations to the U.S. Department of the Interior and the State Historic Preservation Officer for certification. [9J- 5.006(3Xc )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. (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 79 of 91 Monroe County Year 2010 Comprehensive Plan 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 historic/archaeological review board established pursuant to Policy 104.3.1(a). [9J- 5.006(3Xc )8] Policy 104.4.4 Monroe County shall increase its participation in the resource planning of federal and state owned parks, wildlife refuges, military installations and other state or federal properties. Monroe County shall review resource plans, development plans and master plans prepared for these areas, evaluate impacts on historic resources, and submit comments to the appropriate agencies. [9J- 5.006(3Xc)8] Policy 104.4.5 Through a lease agreement, Monroe County shall require that the lessee of Pigeon Key or any other County -owned historical or archaeological site designated on the Local or National Register conform, at a minimum, to the Secretary of the Interior's Standards for Rehabilitation for any permanent or temporary development of the site; and 2. retain the historical, architectural, and/or archaeological integrity of the site, as approved by a professional who meets the appropriate Professional Qualifications specified in the Code of Federal Regulations, Section 61, Number 36. [9J- 5.006(3Xc )8] Policy 104.4.6 Before the County may sell Pigeon Key, Monroe County shall develop and adopt architectural guidelines for this National Register Historic District. (The rernainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 80 of 91 Monroe County Year 2010 Comprehensive Plan Objective 104.5 Monroe County shall seek to increase public awareness and appreciation of the historic resources and historic preservation activities in the County. [9J- 5.006(3Xb )4] Policy 104.5.1 Monroe County shall coordinate with the following organizations and individuals to identify opportunities for joint public education and funding efforts: 1. Local preservation groups in unincorporated Monroe County; 2. The Key West historic preservation planner and other historic preservation leaders; 3. Historic Florida Keys Preservation Board; 4. Federal agencies including the National Park Service, U.S. Fish and Wildlife Service, and NOAA; 5. State Agencies including the Florida DNR Division of Parks and Recreation, and State Division of Historic Resources; 6. Florida Trust for Historic Preservation; 7. Monroe County School Board; and 8. Local libraries. [9J- 5.006(3Xc)8] Policy 104.5.2 By January 4, 1997, historical and archaeological information produced by or for the County such as the historic inventory, National Register listings, Florida Keys Historic Register listings, archaeological surveys, and historic architectural surveys shall be made available to the public at various locations throughout the County including libraries, schools, senior centers, museums and County offices. [9J- 5.006(3Xc )8] Policy 104.5.3 By January 4, 1998, Monroe County and the Historic Florida Keys Preservation Board shall seek funding from the Tourist Development Council to create and implement a historic marker program and a historic map /guide to increase public awareness and appreciation of the County's history and historic resources. [9J- 5.006(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(3)(c )8] Policy 104.5.5 Monroe County shall promote public knowledge of local, state and federal programs and incentives designed to assist owners of historic properties. [9J- 5.006(3Xc )8] Policy 104.5.6 Monroe County shall identify community leaders with an interest in historic preservation and provide technical assistance for the formation of new citizen -based historic Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 81 of 91 Monroe County Year 2010 Comprehensive Plan 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] (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 82 of 91 Monroe County Year 2010 Comprehensive Plan Objective 104.6 Monroe County shall coordinate with public agencies and non -profit organizations to protect, preserve and increase awareness of historic resources. [9J- 5.006(3Xb)4] Policy 104.6.1 Monroe County shall involve local historic preservation groups in the planning process. The County will apprise groups of historic preservation planning efforts, request their comments and solicit their support. [9J- 5.006(3Xc )8] Policy 104.6.2 Monroe County shall include archaeological sites identified by local historic preservation groups on the priority list of Natural Heritage and Park acquisition sites. (See Future Land Use Objective 102.4 and related policies.) Policy 104.6.3 Monroe County shall encourage and facilitate acquisition of historic sites suitable for cultural, tourism, recreation or conservation uses by federal, state and local agencies, non- profit historic preservation groups, and non - profit conservation organizations [9J- 5.006(3Xc )8] Policy 104.6.4 By January 4, 1998, the County shall identify available public and private funding sources for historic preservation activities and submit proposals for the following projects: 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 Tavernier once a local historic district is established. [9J- 5.006(3Xc )8] Policy 104.6.5 By January 4, 1998, the County shall submit funding proposals for the following historic preservation projects: Conduct a historic architectural building survey for unincorporated Monroe County which shall identify potential historic districts and historic housing resources; 2. Renovation and preservation of other County -owned historic resources; and 3. Create and implement a program to promote historic resources listed on the Florida Keys Historic Register with historic markers and accompanying map/guide. [9J- 5.006(3Xc )8] Policy 104.6.6 By January 4, 1998, the County shall submit funding proposals for the following historic preservation projects: Develop architectural guidelines for any historic districts listed on the Florida Keys Historic Register, Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 83 of 91 Monroe County Year 2010 Comprehensive Plan 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(3Kc )8] (The remainder of this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 84 of 91 Monroe County Year 2010 Comprehensive Plan GOAL 105 Monroe County shall undertake a comprehensive land acquisition program and smart growth initiatives in conjunction with its Livable CommuniKeys Program in a manner that recognizes the finite capacity for new development in the Florida Keys by providing economic and housing opportunities for residents without compromising the biodiversity of the natural environment and the continued ability of the natural and man- made systems to sustain livable communities in the Florida Keys for future generations. Objective 105.1 Monroe County shall implement smart growth CommuniKeys and Land Acquisition Programs development processes to preserve the natural community character and quality of life, redevelop remove barriers to design concepts, reduce sprawl, areas. Policy 105.1.1 initiatives in conjunction with its Livable which promote innovative and flexible environment, maintain and enhance the blighted commercial and residential areas, and direct future growth to appropriate infill Monroe County shall create an economic development framework for a sustainable visitor - based economy, not dependent on growth in the absolute numbers of tourists, that respects the unique character and outdoor recreational opportunities available in the Florida Keys. Policy 105.1.2 Monroe County shall prepare design guidelines to ensure that future uses and development are compatible with scenic preservation and maintenance of the character of the casual island village atmosphere of the Florida Keys. Policy 105.1.3 Monroe County shall prepare development standards and amend the Land Development Regulations to limit non - residential allocations for new floor space on any one site to foster the retention and redevelopment of small businesses on the US # 1. Policy 105.1.4 Monroe County shall prepare redevelopment standards and amend the Land Development Regulations to address the large number of non-confomring commercial structures that are non- compliant as to on -site parking, construction and shoreline setbacks, stormwater management, landscaping and buffers. By identifying the existing character and constraints of the different island communities, regulations can be adopted that provide incentives for redevelopment and permit the continuance of businesses while moving towards an integrated streetscape. Policy 105.1.5 Monroe County shall prepare amendments to this Plan and its Land Development Regulations that comprehensively revise the existing residential permit allocation system to direct the preponderance of future residential development to areas designated as an overlay on the zoning map(s) as Infill (Tier III) in accordance with Policy 105.2.2. Policy 105.1.6 Monroe County shall prepare amendments to this Plan and it's Land Development Regulations that comprehensively revise the existing non - residential permit allocation system in a manner that implements Policies 105.2.1 and 105.2.15 and is consistent with and furthers this Plan. Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 85 of 91 Monroe County Year 2010 Comprehensive Plan Objective 105.2 Monroe County shall implement with assistance of the state and federal governments a 20 -year Land Acquisition Program to: 1) secure for conservation and passive recreation purposes remaining privately -owned environmentally sensitive lands; 2) retire development rights on privately -owned vacant lands to limit further sprawl and equitably balance the rights of property owners with the long -term sustainability of the Keys man -made and natural systems; and, 3) secure and retain lands suitable for affordable housing. This objective recognizes the finite limits of the carrying capacity of the natural and man -made systems in the Florida Keys to continually accommodate further development and the need for the significant expansion of the public acquisition of vacant developable lands and development rights to equitably balance the rights and expectations of property owners. Policy 105.2.1 Monroe County shall designate all lands outside of mainland Monroe County, except for the Ocean Reef planned development, into three general categories for purposes of its Land Acquisition Program and smart growth initiatives in accordance with the criteria in Policy 205.1.1. These three categories are: Natural Area (Tier 1); Transition and Sprawl Reduction Area (Tier 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: Natural Area (Tier 1): Any defined geographic area where all or a significant portion of the land area is characterized as environmentally sensitive by the policies of this Plan and applicable habitat conservation plan, is to be designated as a Natural Area. New development on vacant land is to be severely restricted and privately owned vacant lands are to be acquired or development rights retired for resource conservation and passive recreation purposes. However, this does not preclude provisions of infrastructure for existing development. Within the Natural Area designation are typically found lands within the acquisition boundaries of federal and state resource conservation and park areas, including isolated platted subdivisions; and privately -owned vacant lands with sensitive environmental features outside these acquisition areas. 2. Transition and Sprawl Reduction Area (Tier II): Any defined geographic area on Big Pine Key and No Name Key, where scattered groups and fragments of environmentally sensitive lands, as defined by this Plan, may be found and where existing platted subdivisions are not predominately developed, not served by complete infrastructure facilities, or not within close proximity to established commercial areas, is to be designated as a Transition and Sprawl Reduction Area. New development is to be discouraged and privately owned vacant lands acquired or development rights retired to reduce sprawl, ensure that the Keys carrying capacity is not exceeded, and prevent further encroachment on sensitive natural resources. Within a Transition and Sprawl Reduction Area are typically found: scattered small non - residential development and platted subdivisions with less than 50 percent of the lots developed; incomplete infrastructure in terms of paved roads, potable water, or electricity; and scattered clusters of environmentally sensitive lands, some of which are within or in close proximity to existing platted subdivisions. Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 86 of 91 Monroe County Year 2010 Comprehensive Plan 3. Infill Area (Tier III): Any defined geographic area, where a significant portion of land area is not characterized as environmentally sensitive as defined by this Plan, except for dispersed and isolated fragments of environmentally sensitive lands of less than four acres in area, where existing platted subdivisions are substantially developed, served by complete infrastructure facilities, and within close proximity to established commercial areas, or where a concentration of non - residential uses exists, is to be designated as an Infill Area. New development and redevelopment are to be highly encouraged, except within tropical hardwood hammock or pineland patches of an acre or more in area, where development is to be discouraged. Within an Infill Area are typically found: platted subdivisions with 50 percent or more developed lots situated in areas with few sensitive environmental features; full range of available public infrastructure in terms of paved roads, potable water, and electricity; and concentrations of commercial and other non - residential uses within close proximity. In some Infill Areas, a mix of non - residential and high- density residential uses (generally 8 units or more per acre) may also be found that form a Community Center. Policy 105.2.2 Monroe County shall prepare an overlay map(s) designating geographic areas of the County as one of the three Tiers in accordance with the guidance in Policy 105.2.1, which shall be incorporated as an overlay on the zoning map(s) with supporting text amendments in the Land Development Regulations. These maps are to be used to guide the Land Acquisition Program and the smart growth initiatives in conjunction with the Livable CommuniKeys Program (Policy 101.20.1). Policy 105.2.3 The priority for acquisition of lands and development rights under the County's Land Acquisition Program shall be as follows: Tier I (Natural Area) -first priority; Tier II (Transition and Sprawl Reduction Area) and patches of tropical hardwood hammock or pinelands of one acre or greater in area within Tier III - second priority; and Tier III ( Infill Area)- third priority, except acquisition of land for affordable housing shall also be a first priority. These acquisition priorities shall be applied consistent with the Policy 105.2.10 that directs the focus of the County's acquisition efforts to the acquisition or retirement of development rights of privately owned vacant platted subdivision lots within Tiers I and 11. Federal, State and local funding will be used for purchasing privately owned vacant lands for Tier 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 1). Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 87 of 91 Monroe County Year 2010 Comprehensive Plan 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 Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 88 of 91 Monroe County Year 2010 Comprehensive Plan 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. Policy 105.2.14 Monroe County shall identify and secure possible local sources to yield a steady source of funds and secure increased funding from state and federal, and /or private sources for the Land Acquisition Program and the management and restoration of acquired resource conservation lands. With the uncertainty concerning the County's ability to successfully secure sufficient funding from state and federal governments for their fair share of the financial support for the Land Acquisition Program and the demands placed on the County's limited financial resources to address wastewater and other critical issues, it is recognized that the Land Acquisition Program may extend well beyond 20 years. Policy 105.2.15 Where appropriate, as part of the Livable CommuniKeys Planning Process, Community Centers shall be designated within areas designated as Tier III (Infill Area). A Community Center is characterized as a defined geographic area with a mix of retail, personal service, office and tourist and residential uses (generally of greater than 8 units per acre). Community Centers shall be designated as receiving areas for transfer of development rights and shall receive special incentives in the non - residential permit allocation system. Objective 105.3 Monroe County shall implement its 20 -Year Land Acquisition Program and smart growth initiatives in conjunction with its Livable CommuniKeys Program and shall make appropriate amendments to this Plan and the Land Development Regulations including, but not necessarily limited to the residential and non - residential permit allocation systems. GOAL 106: RESERVED 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 paroel or by data and analysis supporting the specific sub -area limitations. Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 89 of 91 Monroe County Year 2010 Comprehensive Plan Policy 107.1.1 Reserved Policy 107.1.2 Ramrod Key Mixed Use Area 1 Only the land uses listed in paragraphs 1-4 below shall be allowed on the parcels shown in the table following as Ramrod Kev Mixed Use Area 1: REAL ESTATE NUMBER TOTAL ACREAGE ACRES FLUM DESIGNATION CONSERVATION EASEMENT ACREAGE BERM TO BE LOCATED ON PARCEL 0.79 N/A N/A Ramrod Key 00114150 - 000000 18.12 8.46 Mixed Use Area N/A x 1 8.87 RC 8.87 Ramrod Key 00114150 - 000400 2.6 2.6 Mixed Use Area 0 1 And on which a concentration of non - residential uses exists, including approximately 15,325 square feet of commercial floor area devoted to the uses listed below. Storage, warehousing, and processing of eouiDment and materials utilized or generated in construction, demolition and land clearing, together with ancillary activities, including, but not limited to: a. Administrative offices. b. Workshops and equipment maintenance areas, outdoors and within structures. C. Garages and outdoor parking for construction and demolition equipment and machinery. d. Outdoor and covered storage and processing of demolition debris and construction materials. e. Storage buildings. f. Aboveground fuel tanks. 2. An antenna supporting structure with accessory building. 3. Residential uses consistent with the former RL future land use map designation and with SS zoning. Single family residences shall be limited to the existing residence (including any replacement thereof) and no more than four (4) additional single family residences. 4. Outdoor storage, refinishing, repair and/or rebuilding of vehicles, boats and trailers that do not constitute a heavy industrial use. Development of the Ramrod Key Mixed Use Area 1 shall be subject to the restrictions set out below: 1. Wetlands and hammock areas adjacent to outdoor storage shall be protected by: a. Recordation of a conservation easement prohibiting all development activities on the approximately 8.87 acres of wetlands within the Easterly portion of parcel 00114150- 000000. The area to be conserved is delineated on the map below. b. Construction and maintenance of a berm, no less than 3 feet in height, on scarf e land along the Westerly edge of the wetlands Dorton of parcel 00114150 - 000000 as depicted on the map below, to protect the wetlands from stormwater runoff. Prior to Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 90 of 91 Monroe County Year 2010 Comprehensive Plan issuing any permit for berm construction, Monroe County shall require submission of a stormwater management plan adequate to protect the wetlands portion of the parcel from degradation attributable to stormwater runoff from the adjacent scarified portion utilized for outdoor storage, construction, and demolition activities. RAMROD KEY MIXED USE AREA 1 r— IN 00114150. 000000 RAMROD KEY MIXED USE AREA 1 Berm Mc (0.79 ac) /RE # 00114150 -0000 (s.46 ac) CONSERVATION EASEMENT � nerm oMC (0 79 ac) 00114150- 0040010 RE # oo,,a,so-0ooaoo RC (8,87 a) �RC CONSERVATION EASEMENT (B 87 at) 2 6 ac Q Ramrod Key MU area (B 46 +2 6 - 11 06 ac) panels 1 Key: Ramrod Mlle Marker: 26.6 Map Amendment t: M28097 Acreage: 8.87 Acres Q Henning Horizon: 2010 Date N Adoption: October 20. 2010 2. Development shall be contingent on any required coordination and/or approval from the United States Fish & Wildlife Service. Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 91 of 91 Monroe County Year 2010 Comprehensive Plan cot. '4 a Y ORDINANCE NO. 018ORDINANCE NO. 018 -2001 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY RUDOLPH & ROSEANN KRAUSE TRUSTEES TO AMEND THE FUTURE LAND USE (FLUM) DESIGNATION FROM RESIDENTIAL LOW (RL) TO MIXED USE / COMMERCIAL (MC) FOR PROPERTY LEGALLY DESCRIBED AS SECTION 31, TOWNSHIP 66 SOUTH, RANGE 29 EAST, RAMROD KEY, PT 1 MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER AS 00114150.000400 AND A PORTION OF PROPERTY LEGALLY DESCRIBED AS SECTION 31, TOWNSHIP 66 SOUTH, RANGE 29 EAST, RAMROD KEY, PT 1 MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00114150.000000; PROVIDING FOR SEVERABILITY AND REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, during a special scheduled public meeting held on January 26, 2009, the Monroe County Board of County Commissioners conducted a review and consideration of a request filed by Roseann & Rudolph Krause, to amend the subject property's Future Land Use Map (FLUM) designation from Residential Low (RL) to Mixed Use / Commercial (MC) in accordance with Policy 101.4.5 of the Monroe County Year 2010 Comprehensive Plan and §9.5- 511 of the Monroe County Code; and WHEREAS, the subject property is located at 26351 Old State Road 4A, Ramrod Key, approximate mile marker 26.5, and is legally described as 31 66 29 Ramrod Key, Pt Lot 1, Monroe County, Florida, having Real Estate Number 00091090.000000; and WHEREAS, based upon the information and documentation submitted, the Planning Commission makes the following Findings of Fact and Conclusions of Law: The proposed FLUM amendment is for the western portion (8.46 acres) of real estate number 00115140.000000 and the entire parcel (3.01 acres) of real estate number 0114150- 000400. 2. The proposed FLUM amendment is consistent with Monroe County Year 2010 Comprehensive Plan Goal 101 manages future growth to enhance the quality of life. The proposed FLUM amendment is consistent with Monroe County Year 2010 Comprehensive Plan Objective 101.4 which maintains the community characters and protects natural resources by regulating future development and redevelopment. Page 2 of 4 4. The proposed FLUM amendment is consistent with Monroe County Year 2010 Comprehensive Plan Policy 101.4.5 which establishes the Mixed Use / Commercial FLUM criteria. 5. The proposed FLUM amendment is consistent with Monroe County Year 2010 Comprehensive Plan Goal 105 which implements smart growth policies and recognizes the finite capacity for new development without compromising the natural environment and directs development into Tier III lands. 6. Staff has determined that the proposed FLUM amendment is consistent with the following provisions and intent of Sec. 9.5- 511(d)(5)b of the Monroe County Code, Land Development Regulations: (iii) Data errors, (iv) New issues and (v) Data updates. 7. Staff finds proposed FLUM amendment consistent with the Principles for Guiding Development as a whole and not inconsistent with any one principle. The proposed area is cleared, scarified and developed and will not significantly affect natural resources. 8. MCC Section 102 -158 maintains the proposed FLUM amendment may not permit an adverse change in community character. Staff has determined the proposed future land use map designation to Mixed Use / Commercial (MC) will not adversely change community character. 9. Local roads are already in place and have been well maintained. 10. The 11.47 acres are scarified and developed. Effects on natural resources are not anticipated. 11. The proposed FLUM amendment will encourage commercial development to remain on disturbed lands rather than encroaching on environmentally sensitive area. 12. The 2008 U. S. 1 Arterial Travel Time and Delay Study for Monroe County indicates a LOS of "A" from East Shore Drive to Torch Ramrod Bridge (MM 25 to MM 27.5). 13. The FLUM amendment may affect solid waste. Monroe County has a haul out contract through September 20, 2016 which provides the capacity to remove any solid waste. 14. The 100 gallons per person per day of potable water is commonly accepted as appropriate and is reflected in Policy 701.1.1 of the Monroe County Year 2010 Comprehensive Plan. 15. MCC Section 1144 requires that all developments retain stormwater on site following Best Management Practices (BMP's). 16. The proposed FLUM amendment will not adversely affect Objective 102.3.1 and will encourage infill development to remain on already existing developed land. 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 November 4, 2008 and based on the facts presented at the meeting, the Planning Commission recommended approval of the request; Page 3 of 4 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1 . The Board specifically adopts the findings of fact and conclusions of law stated above. Section 2 . The previously described property, which is currently designated Residential Low (RL) shall be designated Mixed Use / Commercial (MC) as shown on the attached maps, which are hereby incorporated by reference and attached as Exhibits 1 and 2. Section3. The Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan shall be amended as delineated in Section 2 above. Section 4. 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 5. All ordinances or parts of ordinance in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 6 . This ordinance shall be filed in the Office of the Secretary of State of the State of Florida and transmitted to the Florida Department of Community Affairs, but shall not become effective until a notice is issued by the DCA or Administration Commission approving the ordinance. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting held on the 2 °d day of June A.D., 2009. ,(SEAL) 'ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Page 4 of 4 Mayor George Neugent Yes � Mayor Pro Tem Sylvia Murphy Yes Co w Commissioner Kim Wigington y w Commissioner Heather Carruthers Yes Q_ o =' _ Commissioner Commissioner Mario Di Gennaro Yes BOARD OF COUNTY COMMISSIONERS OF MONROE 0 Z L� L-1 >' w ' -: COUNTY, FLORI A W J v+ cr% c.) . _ iz o CZ) Q Z BY ` VV S / r.� Mayor George Neugent ,(SEAL) 'ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Page 4 of 4 Exhibit 1 to Ordina -2009 The Monroe County Future Land Use Map is amended as indicated above. Proposal: Future Land Use change of RE 00114150- 000400 and a portion of N RE 00114150 - 000000 from Residential Low (RL) to Mixed Use /Commerical (MC) , . EXHIBIT 2 i ft. e'A', .,.* 4 r''''.-P., , -,.. ...L. ..' •:0409444.* *.te''t - AI. = ' ' . .. ',— - tkie.. ; , ' ' r,- _...„.. _,. .i ,..,, : ,,,.: -.- ,„--7;:f."' t ::.1-:;.. -* , 'i.•••• t• ,...W..!.. , • .. 1 tot:•,/,,:-na, •"-- & P.- ,- , ,7. -4... - ,,,,,••=••-a - .4.•..., „,,,-41,4.4- ; ,. --. *r.y,'1--,,4,,-- . :,,,v4 -.: •b1"-,- , - .)-- •'i 4- k°411i1•.°'t, 'Vg, 4. - ":14‘;'"7,- ' . .A, 2, ''' A7` `.--tv,*-1,. . -. i..," ,•-tif.,4,, ' ,- • : "7:4. ' '1`. :., ,-§"A''. ' a f 1 .., .• '' $- ''. ''' "'I .."*..t; ' 4.1' ' ' -lir s--", ...'•--'-''''.",--e•--.44, :'7.: -•:•••'."'-' • ,, •-At -,''.7'..It• . •''' ‘h.7 - ' - 'ittalt: - -..4...'., 4 .• t tyk 14.,.....,I.;3. *!.? tt"' -t'iL4rWitatt,a t%t.3r*A'•'' . - ' N.- "-:.1111C"- ":•-• ' 'a ., .. -- ,.... , 4 i- ' ...-' - v. -•,; '• • - .-,446'....,-;" -''' '-- ',- ,4 j''''''''''' IC IV *:1.4t *, ...., , ,, 4... Olt . • .41.. . r ' I i: • ' 1./0- , `.-1.4"P.',e.;= :Aje-,A1 ) ' ;-- Nil!' :. -I..•;10. ''-`' _ -. - ""' — '1 ''''.- --------- ----- .411 P •:-,70, v. .. ...' lir . , ...,...4--• ----. if •010 - ' 1411.111111MINIftmet .. ,,.... ..L•A'Aa,,,..,•1 -.*---.' - -:,:t.'" "'" - •"•-• ......... -14,1:a..a.......hamwdesiutoo,,,,oraa,ai ".",, .;.: . , . ii fsoflr,Ofrtk• ' A , . . . • L / . :1 4 s • , A •.; 04:71 ,A :,'.'6';' •kA": N., •it ..`8 . Alf ,14kr • .1p , . Amor t:4-- 41P ,. . ; ,.• - Agallarig6.,60 illr . . , ,...... • _ 11.14ikifialit.',:V.4ttlekt41, raillill11111111110 ' .;y4\ WeGr:wthrivetoMabecarria9eniQning.prolesstoreIrAViSiandCniar PISIMIllab.41 1111 fi- r The Monroe County Future Lard Use Map is proposed to inwir Fri _ VIII Ilii ...111,1 In r, ,...........„, 1-imiiii'l-- ......., . - r 0 ;11•• be amended as in...k..ited above and briefly described as: !, ‘L'•VIIIIIMIIIIIIIIIPIMN II Kai. Ramrod Key We Marker 26 Map Atnercanertt a W8097 VIIIIRVIMNF/../'''''"/:.2. %kiall.11111 •;wow in Lard Lke postrict Mv 11 401 ///////,''. /,'4 Ir. I.illir — Iti ,,, 'il 111111 1111.111111Wil Propocal Futuna Land Use change of one parcel and a porton of one / ,horn Residential Low(RL)to Meted Use/Commerce'(MC) ,/ Ze. lop III • 1.111rw•zaW,anno- ...01101111111.1111g3 ftuarrmin;osen:"...W! •"/// ,,,„777.../ : --,k I --- , ,' al il i.: n.,.• it, DropfatiDescrpbcre RE 00114150-000000 and d , 0 00114156000000 j. / PI - IMO ' , r• - - . "'Vila*4 'La CAOctfttliiii Usti —, . • AbItat to Filitet of Protected Species MONROE COUNTY COURTHOUSE 500 WHI I EHEAD STREET, SUITE 101 KEY WFST, FLORIDA 33040 Tl ;l.. (305) 294 -4641 FAX (305) 295 -3663 BRANCH OFFICE: MARATHON SUB COURTHOUSE: 3117 OVERSEAS HI(AIWAY MARA FHON, FLORIDA 33050 TEL.(305)289 -6027 FAX(305)289 -1745 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 October 26, 2010 BRANCH OFFICE: PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852 -7145 FAX(305)852 -7146 ROTH BUILDING 50 HIGH POINT ROAD PLANTATION KEY, FLORIDA 33070 TEL. (305) 852 -7145 FAX (305) 853 -7440 Via Certified Mail 70101670 0001 0244 7532 Dear Ms. Cloud, Enclosed please find certified copies of the following: Ordinance No. 028 -2010 creating Goal 107, Objective 107.1 and Policy 107.1.2 of the Monroe County Year 2010 Comprehensive Plan to establish a policy for property described as Ramrod Key mixed used area 1 comprised of a portion of RE #00114150- 000000 (8.46 acres) and all of RE #00114150- 000400 (2.6 acres), Ramrod Key, Monroe County, Florida, Gulf Side, approximately mile marker 26.5; providing for severability; directing the Director of Planning to forward a copy to the Florida Department of Community Affairs; providing for filing with the Secretary of State; providing for the incorporation into the Comprehensive Plan; providing for an effective date. Ordinance No. 029 -2010 repealing and rescinding Ordinance No. 018 -2009 and approving an amendment to the Future Land Use (FLUM) designation from Residential Low (RL) to Ramrod Key Mixed Use Area 1 for RE #00114150- 000400 (2.6 acres) and for portion of RE #00114150- 000000 (8.46 acres), Ramrod Key, Monroe County, Florida, Gulf Side, approximately mile marker 26.5; providing for severability; directing the Director of Planning to forward a copy to the Florida Department of Community Affairs; providing for filing with the Secretary of State; providing for the incorporation into the Comprehensive Plan; providing for an effective date. Co N14 f`O CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk -of- the- court.com These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on October 20, 2010. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. Respectfully submitted, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancock, D. C. cc: Growth Management County Attorney via e-mail File • Complete items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. �'!! • Attach this card to the back of the mailpiece or on the front if space permits. 1. Article Addressed to: Program Administrator Administrative Code and Weekly R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 -0250 2. Article Number (113ns from service kW PS Form 3811, February 2004 A. Signature X 13 Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from Item 1 LXVFML If YES, enter delivery adds s b 6 00 l 0m 8. ice Type Certified Mail ❑ Express Mail ❑ Registered ❑ Retum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7010 1670 0001 0244 7532 Domestic Retum Receipt 102595- 02- M-1540 FLORIDA DEPARTMENT 0 STATE CHARLIE CRIST STATE LIBRARY AND ARCHIVES OF FLORIDA Governor November 2, 2010 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: DAWN K. ROBERTS Interim Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated October 26, 2010, and certified copies of Monroe County Ordinance Nos. 028 -2010 and 029 -2010, which were filed in this office on October 29, 2010. Sincerely, uy Liz Cloud Program Administrator LC /srd DIRECTOR'S OFFICE R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 850.245.6600 • FAX: 850. 245.6735 • TDD:850.922.4085 • http: / /dlis.dos.state.fl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894 CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282 7010 1670 0001 0244 7532 a A,D a G) c +uF co r« W o; o r :cl :m 1 1 L3 C XD 0 ID 1 1 y ^•'