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HomeMy WebLinkAboutR. Public Hearings* 3:00 P.M. PUBLIC HEARING * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 - KW Department: County Atto= Bulk Item: Yes No X Staff Contact : Suzanne Hutton 292-3470 AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance requiring registration of people representing others, seeking to influence the BOCC, and to delete the exemption available to officials and employees in County service as of April 27, 1990, which exemption would allow them* to lobby the County immediately after vacating office while all other officials and employees are precluded from lobbying for 2 years after vacating position. (*Elected officials are currently prohibited by statute from lobbying for 2 years after leaving office.) ITEM BACKGROUND: On April 21, 2010, the BOCC enacted a lobbyist registry ordinance. There were issues as to administration and complaints from the public to being called "lobbyists", and the BOCC directed that the ordinance be re -drafted to address the issues. Since the ordinance has already been incorporated into the County Code and there are some terms that overlap with provisions related to lobbying by former officials and employees, rather than repeal Ordinance No. 11-2010 and start again from scratch, it is preferable to have an ordinance that reflects changes to the current Code which requires a public hearing. PREVIOUS RELEVANT BOCC ACTION: 9/15/10 BOCC approved public hearing for October 20, 2010 at 3:00 P.M. in Key West, FL; Enactment of Ordinance No. 011-2010, requiring registration of lobbyists; enactment of Ordinances No. 10-1990, No. 20-1990 and No. 22-2004, prohibiting current and former employees and officials from lobbying activities. CONTRACT/AGREEMENT CHANGES: Ordinance eliminates the definition of a lobbyist, creates a definition for representative, and changes the requirement for lobbyists to register with the County to a requirement for registration of people representing others, seeking to influence official action. It also eliminates an exemption applicable only to people employed as of 4/17/1990, or the revision date of July 10, 1990 — the exemption is from a prohibition against lobbying for two years after vacating position. STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 Commissioner Wigington ORDINANCE NO. — 2010 AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER 2, PROVIDING FOR REGISTRATION OF PEOPLE REPRESENTING OTHERS TO INFLUENCE COUNTY OFFICIALS AND EMPLOYEES; PROVIDING FOR SEVERABILITY; DELETING THE EXEMPTION FOR FORMER OFFICIALS AND EMPLOYEES IN OFFICE IN 1990 FROM A PROHIBITION AGAINST LOBBYING FOR TWO YEARS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Monroe County, on April 21, 2010, enacted Ordinance No. 11-2010 in an attempt to provide transparency to the citizens of Monroe County with respect to lobbying efforts to influence legislative and executive actions; and WHEREAS, after enactment, issues arose regarding applicability of the ordinance and objections to the label "lobbyist;" and WHEREAS, to clarify that registration is to be required of every person who represents another person or entity, regardless of relationship or compensation, or absence thereof; and WHEREAS, it is desired to repeal provisions of Ordinance No. 11-2010 that required only lobbyists to register and to amend other sections of the ordinance to eliminate the purportedly pejorative label of "lobbyist" imposed upon those who frequently appear at public meetings or communicate via phone and correspondence to seek to influence county officials and employees; and WHEREAS, it is desired to repeal that portion of Section 2-149(b), Monroe County Code, that exempted from a prohibition against lobbying for two years by former county officials and employees after vacating office if the officials and employees were in county service on the date of the ordinance enacting the prohibition in 1990; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Section 2-148, Monroe County Code, shall be amended as follows: 2-148. Defmitions The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Registration of Representatives Commissioner Wigington Advisory body means any county board, commission, committee, council or authority whose powers, jurisdiction and authority are solely advisory and do not include the final determination or adjudication of any personal or property rights, duties or obligations, other than those relating to its internal operations. A body with land planning, zoning, or natural resources responsibilities shall not be considered an advisory body. Agent means a person acting or doing business for another. Board means the Monroe County Board of County Commissioners. Business entity means any corporation, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust, whether fictitiously named or not, doing business in the state. Compensation means a payment, distribution, loan, advance, reimbursement, deposit, salary, fee, retainer, or anything of value provided or owed to a lobbying firm, directly or indirectly, by a principal for any lobbying activity. County means Monroe County, Florida. County chairman and county mayor are interchangeable terms which mean the chairman of the Monroe County Board of County Commissioners. County office means any governmental office staffed by employees under the authority of the board of county commissioners. Development permit means the same as this term is defined in F.S. § 163.3164. Employee or county employee means any person employed by the board of county commissioners, whether by contract or not, except those persons described in the definition of 'officer or county officer." Expenditure means the same as this term is defined in F.S. § 112.3215. .s .5 Lobbying means to seeking, on behalf of another person or entity, to influence the board, contractors examining board, planning commission, land authority, board of governors, or any advisory body, or any members of the stated boards, commissions, or authority, with respect to a decision in the area of policy or procurement or an attempt to obtain the goodwill of a county official or employee. Lebb�isf ineans any pef-sen, pat4ner-ship, eefper-atien of- ether- business entity that lebbies on behalf of a pfineipal. Lobbyist dees net mean a eeafity er- other- geveffiffiefit effleial empleyee er- any ether- pef-sen affiliated with any gEwemment while aeting in his e Registration of Representatives 2 Commissioner Wigington Officer or county officer means those persons defined in F.S. § 112.3145(1)(a); any other appointed member of a local government board who is required to file a statement of financial interest by the appointing authority or the enabling legislation, ordinance, or resolution creating the board, and any member of an advisory body appointed by and serving under the board of county commissioners. Person means a natural person. Planning commission means the local planning agency, as further described in the land development regulations of the Monroe County Code. Principal means the person, partnership, joint venture, trust, association, corporation, governmental entity or other entity which has contracted for, employed, retained or otherwise engaged the services of a lebbyist representative. Representative means any person partnership corporation or other business entity who seeks, on behalf of any other person or entity, to influence the Board Contractors Examining Board, Planning Commission, Land Authority Board of Governors or any advisory body to any of the specified boards, commission and authority, with respect to a decision in the area of policy or procurement, or to obtain the goodwill of a County official or employee in the execution of their administrative duties. SECTION 2. Section 2-149(b), Monroe County Code, shall be amended as follows: (a) No former county officer or employee shall, within two years following vacation of office or termination of employment, lobby on behalf of any other person or business entity in any formal or informal appearance before, or with the intent to influence, make any oral or written communication on behalf of any other person or business entity, to: (1) Any board, commission, authority, or advisory body of the county; or (2) Any department, division, special district or bureau of the county, in connection with current or future procurement of goods and/or services. (b) This section shall not apply in the case of collective bargaining_ the effeeAve da4e f •1• '• ....w a.avau..1,:,.h this—Artial ,1 t .1. ,7 .if Sd—et effiee- is etee4ed tl, ♦ f� 1,' 1, ♦ after- t1, :,i-appvntc�aed zvi--aavraercrn-aEl�- ,eeffiffiellees vu.v as f the of-dinanee ftem1,' 1, thisrt' 1 is d .1 then tWs see6en shaU Registration of Representatives Commissioner Wigington SECTION 3. Section 2-154, Monroe County Code, shall be amended as follows: Sec. 2-154. — Registration and re -registration of4ebbyists representatives. (a) All lobbyists representatives shall register and re -register with the county administrator's office at the times specified in this article and on the forms prescribed from time to time by the county administrator. This registration is required even if one fills out a speaker's card to speak at public meetings. When acting in his or her official capacity, a county official, county employee, or an official or employee of another governmental entity shall not be required to register. (b) The forms prescribed for the registration and re -registration of lobbyists representatives shall require, at a minimum, the following information and stated under oath: (1) The lebbyist's representative's name and business address; f2,) The representative's business address; (3) The firm, if any, of which the representative is an owner, partner, associate, or otherwise employed for the purpose of representing o (2 4) The name and business address of each principal represented; (3 5) The specific areas of the principal's governmental interest; (4-!k) Where the principal is a corporation or association, the name of the chief executive officer of the corporation or association; (§ 1) Where the principal is a general partnership or joint venture, the names of all partners; (6 8) Where the principal is a limited partnership, the name of the general partner or partners; (S-9) Where the principal is a partnership, joint venture, corporation, association, trust or nongovernmental entity other than a natural person, the names of all natural Registration of Representatives 4 Commissioner Wigington persons holding, directly or indirectly, a five percent or more ownership interest in the entity; and (310) Disclosure of any business, professional or familial relationship that the lebbyist representative or any employee of the lobbyist representative may have with any county officer or county employee. (c) The county administrator or his designee shall post the registry to the county website on a quarterly basis reflecting registrations which have been filed in accordance with this section. (d) All lebbyists representatives shall register with the county administrator or his designee within five business days of being retained as a lobbyist representative, before engaging in any lobbying activities, whichever shall come first, and re -register prior to January first of each year. Lebb Representation prior to registration is prohibited. Each lebbyist representative who ceases lebbyl$g-to represent feF a particular principal shall file a written notice of withdrawal. (e) County employees shall be diligent to ascertain whether persons required to register pursuant to this section have complied. Employees of a county office may not knowingly permit a person who is not registered pursuant to this section to lob y influence or seek the goodwill of the employees of that office. 1 (f) Upon discovery of violations of this section, any person may file a sworn complaint with the county administrator. (g) Investigation of violations; penalties; validity of actions. (1) The county attorney or county administrator, or their designee, shall be informed by any county employee or officer who knows of any person -engaged i-H lobbying se es who has failed to comply with the registration-fepoAing requirements of this article prior to seeking to influence or obtain the goodwill of a County official or employee in violation of this section and, in each such instance, shall conduct such investigation as he or she shall deem necessary under the circumstances. The results of each investigation shall be reported to the board. (2) After determination of a first violation of registration requirements, the board may warn, reprimand or censure the violator or may suspend or prohibit the violator from appearing on behalf of any principal before the board of- any eounty a& body, Contractors Examining Board, Planning Commission Land Authority, Board of Governors, or any advisory body to any of the specified boards 1 Alternative language could be "lobby" or, similar to the definition of that word, it could be restated as "to influence, with respect to a decision in the area of policy or procurement, or seek the goodwill of..." Registration of Representatives Commissioner Wigington commission and authority, or from otherwise lebbying fe representing, before any of the aforementioned bodies any principal in any fashion for a period of time; provided, however, that any suspension or prohibition may not exceed a period of two years, and no sanction shall be imposed unless the lebbyist representative allegedly in violation has been afforded reasonable notice and an opportunity to be heard. After determination of a subsequent violation, the board shall suspend or prohibit the violator from appearing on behalf of any principal before the4maFd-er aforementioned bodies or from otherwise lebbying re resenting any principal in any fashion for a period of time; provided, however, that any suspension or prohibition may not exceed a period of two years, and no sanction shall be imposed unless the lobbyist representative allegedly in violation has been afforded reasonable notice and an opportunity to be heard before the board. The penalties provided in this subsection shall be the exclusive penalties imposed for violations of the registration requirements of this article. The failure or refusal of any lebbyist representative to comply with any order of the board suspending or prohibiting the lebbyist representative from lobbying shall be punishable as provided by law and shall otherwise be subject to such civil remedies as the county may pursue, including injunctive relief. (3) The board of county commissioners may void any action or contract entered into in connection with a procurement matter where the county chairman, one or more county commissioners, the Board as a whole, or a member of the pertinent procurement committee has been lobbied in violation of the registration reporting requirements. (h) This section shall sunset on May 31, 2011. SECTION 4. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 5. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 6. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the code. Registration of Representatives 6 Commissioner Wigington SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in Section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , 2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington (SEAL) Attest: DANNY L. KOLHAGE, Clerk By Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairperson Registration of Representatives ADDITIONAL BACK-UP biwlicode Page 1 of 4 r r r Monroe Countv. Florida Code of Ordinances >> PART I - GENERAL ORDINANCES >> Chapter 2 - ADMINISTRATION >> ARTICLE Ill. - OFFICERS AND EMPLOYEES >> DIVISION 4. - LOBBYING AND PROCUREMENT .ETHICS >> DIVISION 4. - LOBBYING AND PROCUREMENT ETHICS IN Sec. 2-148, - Definitions. Sec 2-149. - Lobbvina regulated. Sec. t-150.Aeernc© relatingto o;rocuremen of Pods rvice Sec. 2-151. _-.Denial of procurement of goods services for unauthorized use of former county officer gmolovee. Sec. 2-152. - County's right to terminate Procurement for 000ds, services. ec. 2-153. - Procuremenj of goodl,services, Sec. 2-154, - Reggt%tr o and re -registration of lobbyists. Secs. 2-155--2-174. - Reserved. I Sec. 2-148. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Advisory body means any county board, commission, committee, council or authority whose powers, jurisdiction and authority are solely advisory and do not include the final determination or adjudication of any personal or property rights, duties or obligations, other than those relating to its internal operations. A body with land planning, zoning, or natural resources responsibilities shall not be considered an advisory body. Agent means a person acting or doing business for another. Board means the Monroe County Board of County Commissioners. Business entity means any corporation, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust, whether fictitiously named or not, doing business in the state. Compensation means a payment, distribution, loan, advance, reimbursement, deposit, salary, fee, retainer, or anything of value provided or owed to a lobbying firm, directly or indirectly, by a principal for any lobbying activity. County means Monroe County, Florida. County chairman and county mayor are interchangeable terms which mean the chairman of the Monroe County Board of County Commissioners. County office means any governmental office staffed by employees under the authority of the board of county commissioners. Development permit means the same as this term is defined in F.S. § 163.3164. Employee or county employee means any person employed by the board of county commissioners, whether by contract or not, except those persons described in the definition of 'county officer.' Expenditure means the same as this term is defined in F.S. § 112.3215. 'Lobbies'also means influencing or attempting to influence, on behalf of another, the board's action or non -action through oral or written communication or an attempt to obtain the goodwill of a member or employee of the board of county commissioners or any board or council under their authority. L��.../n:L_..............a. ...../...:..� ....0 1:--. Tlr%.IAnnO0_TTT1kArn ........a_.1L"-n1 Rf.rll/T/.'111: 1A/Cinn i A Municode Page 2 of 4 Lobbying means seeking, on behalf of another person or entity, to influence the board, contractors examining board, planning commission or any advisory body with respect to a decision in the area of policy or procurement or an attempt to obtain the goodwill of a county official or employee. Lobbyist means any person, partnership, corporation or other business entity that lobbies on behalf of a principal. Lobbyist does not mean a county or other government official employee or any other person affiliated with any government while acting in his or her official capacity. Any person who only appears in his or her individual capacity for the purpose of self -representation without compensation or reimbursement, or other personal benefit, to express support of or opposition to any item, shall not be required to register as a lobbyist. Officer or county officer means those persons defined in F.S. § 112.3145(1)(a); any other appointed member of a local government board who is required to file a statement of financial interest by the appointing authority or the enabling legislation, ordinance, or resolution creating the board, and any member of an advisory body appointed by and serving under the board of county commissioners. Person means a natural person. Planning commission means the local planning agency, as further described in the land development regulations of the Monroe County Code. Principal means the person, partnership, joint venture, trust, association, corporation, governmental entity or other entity which has contracted for, employed, retained or otherwise engaged the services of a lobbyist. (Code 1979, § 2-527; Ord. No. 10.1990, § 1; Ord. No. 022-2004, § 4; Ord. No. 011-2010, §§ 1, 2) Sec. 2-149. - Lobbying regulated. (a) No former county officer or employee shall, within two years following vacation of office or termination of employment, lobby on behalf of any other person or business entity in any formal or informal appearance before, or with the intent to influence, make any oral or written communication on behalf of any other person or business entity, to: (1) Any board, commission, authority, or advisory body of the county; or (2) Any department, division, special district or bureau of the county, in connection with current or future procurement of goods and/or services. (b) This section shall not apply in the case of collective bargaining or to officers or employees in the employ of the county on the effective date of the ordinance from which this article is derived. This section shall also not apply to any officer holding an elected office, or to an officer holding an appointment to any board, commission, or authority, on the effective date of the ordinance from which this article is derived except that, if such officer is elected or appointed for another term of office, which term commences after the effective date of the ordinance from which this article is derived, then this section shall apply. (Code 1979, § 2-528; Ord. No. 10.1990, § 2, Ord. No. 20.1990, § 1) Sec. 2-150. - Appearance relating to procurement of goods, services. (a) Except as required by statute, ordinance, resolution, rule or custom for the proper discharge of official duty, no county officer or employee shall, if elected or appointed after the effective date of the ordinance from which this article is derived, make a formal or informal appearance before, or, with the intent to influence, make any oral or written communication in connection with current or future procurement of goods and/or services, to: (1) Any board, commission, authority, or advisory body of the county; or (2) Any department, division, or bureau of the county. (b) This section shall not apply in the case of collective bargaining. (Code 1979, § 2-529, Ord. No. 1 &1990, § 3) ISec. 2-151. - Denial of procurement of goods, services for unauthorized use of former county officer, employee. Any person or business entity shall be ineligible for the award for such goods and services that has had act on his or its behalf in connection with any current or future procurement of goods and/or services: of*♦r•roil.,.n«.•rv..•.,.."7.......«/-.«.«♦....�..�l..l:__aTll_..... 1 A nnO O_TTTIRT„_...... _, a 1—._/11.1 M/1l•M nn• .—.1.­ — Municode Page 3 of 4 (1) A former county officer or employee subject to the prohibition of section 2-149; or (2) A county officer or employee in violation of section 2-150. (Code 1979, § 2-530, Ord. No. 10-1990, § 4) Sec. 2-152. - County's right to terminate procurement for goods, services. (a) The county shall have the right to terminate, at its discretion and without any liability, any procurement for goods and/or services awarded to any person or business entity that has had act on his or its behalf: (1) A former county officer or employee subject to the prohibition of section 2-149; or (2) A county officer or employee in violation of section 2-150. (b) The county may also, in its discretion, deduct from the goods and/or services price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former county officer or employee or county officer or employee. Each contract entered into by the county shall contain the following language: '(Person or business entity) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former county officer or employee subject to the prohibition of section 2-149 or any county officer or employee in violation of section 2-150. For breach or violation of this provision the county may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former county officer or employee or county officer or employee.° (Code 1979, § 2-531; Ord. No. 10-1990, § 5) Sec. 2-153. - Procurement of goods, services. (a) Any county officer or employee who violates section 2-150 shall be prosecuted in the same manner as misdemeanors are prosecuted and, upon conviction, shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. (b) Any county officer appointed to a board, commission or authority who violates section 2-150 may additionally be removed from office for cause. (c) Any county officer enumerated in F.S. § 112.3145(1)(a), who is not subject to career service under Laws of Fla. ch. 69-1321, and who violates section 2-150 may also be discharged for cause. (d) Any county officer subject to career service or an employee who violates section 2-150 shall have violated the standard of employment set forth in the county's personnel policies, and may additionally be subject to disciplinary action up to and including discharge. (e) A conviction in county court shall not be a condition precedent to removal from office, discharge or discipline. (Code 1979, § 2-533; Ord. No. 10-1990, § 7; Ord. No. o22-2004, § 5) Sec. 2-154. - Registration and re -registration of lobbyists. (a) All lobbyists shall register and re -register with the county administrator's office at the times specified in this article and on the forms prescribed from time to time by the county administrator. (b) The forms prescribed for the registration and re -registration of lobbyists shall require, at a minimum, the following information and state under oath: (1) The lobbyist's name and business address; (2) The name and business address of each principal represented; (3) The specific areas of the principal's governmental interest; (4) Where the principal is a corporation or association, the name of the chief executive officer of the corporation or association; (5) Where the principal is a general partnership or joint venture, the names of all partners; (6) Where the principal is a limited partnership, the name of the general partner or partners; (7) Where the principal is a trust, the names of all trustees and beneficiaries; (6) Where the principal is a partnership, joint venture, corporation, association, trust or nongovernmental entity other than a natural person, the names of all natural persons holding, directly or indirectly, a five percent or more ownership interest in the entity; and (9) Disclosure of any business, professional or familial relationship that the lobbyist or any employee of the lobbyist may have with any county officer or county employee. 1,tt...//1;1................. A- IAnnno_TT. XI .. . . I.. -- .—.......- Municode Page 4 of 4 (c) The county administrator or his designee shall post the registry to the county website on a quarterly basis reflecting registrations which have been filed in accordance with this section. (d) All lobbyists shall register with the county administrator or his designee within five business days of being retained as a lobbyist, before engaging in any lobbying activities, whichever shall come first, and re -register prior to January first of each year. Lobbying prior to registration is prohibited. Each lobbyist who ceases lobbying for a particular principal shall file a written notice of withdrawal. (e) County employees shall be diligent to ascertain whether persons required to register pursuant to this section have complied. Employees of a county office many not knowingly permit a person who is not registered pursuant to this section to lobby the employees of that office. M Upon discovery of violations of this section, any person may file a sworn complaint with the county administrator. (g) Investigation of violations; penalties; validity of actions. (1) The county attorney or county administrator, or their designee, shall be informed by any county employee or officer who knows of any person engaged in lobbying activities who has failed to comply with the registration reporting requirements of this article and, in each such instance, shall conduct such investigation as he or she shall deem necessary under the circumstances. The results of each investigation shall be reported to the board. (2) After determination of a first violation of registration requirements, the board may warn, reprimand or censure the violator or may suspend or prohibit the violator from appearing on behalf of any principal before the board or any county advisory body or from otherwise lobbying for any principal in any fashion for a period of time; provided, however, that any suspension or prohibition may not exceed a period of two years, and no sanction shall be imposed unless the lobbyist allegedly in violation has been afforded reasonable notice and an opportunity to be heard. After determination of a subsequent violation, the board shall suspend or prohibit the violator from appearing on behalf of any principal before the board or any county advisory body or from otherwise lobbying for any principal in any fashion for a period of time; provided, however, that any suspension or prohibition may not exceed a period of two years, and no sanction shall be imposed unless the lobbyist allegedly in violation has been afforded reasonable notice and an opportunity to be heard. The penalties provided in this subsection shall be the exclusive penalties imposed for violations of the registration requirements of this article. The failure or refusal of any lobbyist to comply with any order of the board suspending or prohibiting the lobbyist from lobbying shall be punishable as provided by law and shall otherwise be subject to such civil remedies as the county may pursue, including injunctive relief. (3) The board of county commissioners may void any action or contract entered into in connection with a procurement matter where the county chairman, one or more county commissioners, or a member of the pertinent procurement committee has been lobbied in violation of the registration reporting requirements. (h) This section shall sunset on November 30, 2010. (Ordd. No. 011-2010, § 3) Secs. 2-155-2-174. - Reserved. FOOTNOTES . cs> State Law reference— Code of ethics for public officers and employees, F.S. § 112.311 et seq. Back tt.,.//1,1........._.,..:.....7.._l._,.771 tAnnno.TrmILm _. I.. ron sr.r.,...rr• ,...�....,... * 3:00 PAL PUBLIC HEARING * BOARD OF COUNTY COMNIISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Department: County Attomey Bulk Item: Yes No X Staff Contact: Christine Limbert-Barrows #3475 AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance amending portions of Section 4 of the Monroe County Code relating to dangerous dogs. ITEM BACKGROUND: The proposed ordinance simplifies the definition and classification of a "dangerous dog" and makes the language more consistent with Florida Statutes. The proposed ordinance also provides the owners of alleged dangerous dogs an opportunity to an administrative hearing upon request to contest the final and classification of a dog as "dangerous" and sets forth the procedures and appeal process for owners of dogs classified as "dangerous" to follow. The proposed ordinance was drafted in coordination with the animal control contractors to allow for their prior review and input prior to presentation to the Board. PREVIOUS RELEVANT BOCC ACTION: 3/15/06 BOCC approved Ordinance No. 006-2006 9/15/10 BOCC approved public hearing for October 20, 2010 at 3:00 P.M. in Key West, FL CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty DOCUMENTATION: Included X DISPOSITION: Revised 7/09 OMB/Purchasing Not Required Risk Management AGENDA ITEM # ORDINANCE NO. - 2010 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTIONS 4-1, 4-3, 4-37, 4-38, 4-67 and 4-75, OF THE MONROE COUNTY CODE, PROVIDING FOR THE AUTHORITY TO DESIGNATE DOG AS DANGEROUS; PROVIDING FOR CONFISCATION; PROVIDING FOR AN APPEAL PROCEDURE AND PROVIDING FOR ADDITIONAL RESTRICTIONS RELATING TO DANGEROUS DOGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Monroe County Code Chapter 4 sets forth the definitions of "dangerous", "fierce", "vicious" dogs, and WHEREAS, in order to simplify the Monroe County Code and to be more consistent with Florida Statutes, the definition and classification of a "dangerous dog" should be amended; and WHEREAS, the Monroe County Code should provide the owner(s) of such dangerous dogs an opportunity to an administrative hearing upon request to contest the final determination and classification of a dog as dangerous; and WHEREAS, the Monroe County Code should set forth the procedure and appeal process for owners' of dogs classified as "dangerous" to follow; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Sec. 4-1, Monroe County Code is hereby amended to read as follows: 4-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandon means to forsake an animal entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner, or to leave an animal unattended for more than 24 hours, or to release the animal upon public roads or public or private lands, or to fail to provide adequate food, water, exercise or medical care. Animal means any living dumb creature, including any mammal, bird, fish, reptile, ferret, turtle, horse, mollusc, crustacean, or any other vertebrate other than a human being. Animal at large means any animal, other than a cat, that is not under the control, custody, charge or possession of the owner or other responsible person in attendance, by leash, secure fence or other means of confinement or restraint. Animal control officer means any person employed or appointed by the county for the purpose of enforcing county ordinances or state statutes pertaining to animal care and control, who is authorized to investigate on public or private property civil infractions relating to animal control or cruelty and to issue citations as provided in this chapter, and whose appointment is approved by the board of county commissioners, and whose appointment is approved by a judge of the county court or circuit court for the county. For purposes of enforcement of violations of this chapter, the terms "animal control officer" and "animal control supervisor" are interchangeable. Animal control shelter means a facility designated or recognized by the county or the state for the purpose of impounding and/or caring for animals, including a contract service provider, such as a local animal protection shelter, that may include a humane society. Animal control supervisor means a person who has been duly appointed as an animal control officer and who is: (1) The person, if the function of animal control is administered by county employees or if a single independent contractor has contracted for animal control services county -wide, who has authority and responsibility for all county animal shelters and to whom all duly appointed animal control officers shall report; or (2) Any person with authority and responsibility for one or more county animal shelters and to whom duly appointed animal control officers shall report by area under the jurisdiction of any single contractor, if the animal control functions within the county are administered by more than one independent contractor. Animal fighting means fighting between roosters or other birds or between dogs, or between other animals of the same species. Bait means to attack with violence, to provoke, or to harass an animal with one or more animals for the purpose of training an animal for, or to cause an animal to engage in, fights with or among other animals. In addition, the "baiting" means the use of live animals in the training of racing greyhounds. Cat means any member of the species felis catus. Charging instrument means a writing or document that recites the mode of committing an offense. Citation means a charging instrument or written notice, issued to a person by an animal control officer or law enforcement officer, that the officer has probable cause to believe that the person has committed a civil infraction in violation of a duly enacted ordinance and that the county court will hear the charge. The citation must contain: (1) The date and time of issuance; (2) The name and address of the person; (3) The date and time the civil infraction was committed; (4) The facts constituting probable cause; (5) The section of this Code violated; (6) The name and authority of the officer; (7) The procedure for the person to follow in order to pay the civil penalty, to contest the citation, or to appear in court as required this section; 2 (8) The applicable civil penalty if the person elects to contest the citation; (9) The applicable civil penalty if the person elects not to contest the citation; (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty; and (11) A conspicuous statement that if the person is required to appear in court as mandated by this section, he does not have the option of paying a fine in lieu of appearing in court. Commercial kennel or cattery means a facility that offers the services of a kennel or cattery for a profit. Cruelty means any act of neglect, torture, or torment that causes unjustifiable pain or suffering of an animal, and includes, but is not limited to, any omission of a duty to provide food and water, shelter, and health care which omission causes unjustifiable pain or suffering of an animal, and allowing pain or suffering to continue when there is reasonable remedy or relief. Dangerous dog ankne means any dog aaimat that according to the records of the appropriate authority: 1) Has aggressively bittenes of attacked es or endangered or has inflicted severe injury on a human being on public or private property: 2) Has more than once severely injured or killed a domestic animal while off the owner's property 3) has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting: or 4) has, when not provoked, chased, or approached a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the animal control supervisor, , The term l�LA does not include the following: (1) An-aRirnal- dQq that bites or attacks a person or animal that provokes, torments, tortures, or treats the animal cruelly or is unlawfully on the property of the owner; or (2) An -animal daQq that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect itself or another animal or a person if that person is engaged in lawful activity and is the subject of an assault or battery or animal attack; or (3) A dog that was engaged in law enforcement work under the direction of a law enforcement officer; or (4) A dog that was engaged in a legal hunt or in a legal sport or exhibition such as obedience trial, conformation show, field trial, hunting/retrieving trial, or herding trial. Direct control means control that is immediate and continuous. Dog means any member of the species canis familiaris. Domesticated companion animal means an animal that has traditionally, through a long association with humans, lived in a state of dependence upon humans or has been traditionally kept as a household pet, including, but not limited to: dogs, cats, hamsters, gerbils, ferrets, mice, rabbits, parakeets, parrots, cockatiels, cockatoos, canaries, love birds, finches and tropical fish. Effective voice command means voice control within 20 feet by a competent person which at all times prevents the animal subject to the voice control from running at large or otherwise violating the provisions of this chapter. Ferret means any member of the species mustela furo. Keeper means any person possessing or having custody of an animal. 3 Kennel or cattery means any establishment, except a pet shop or animal protection shelter, wherein or whereon animals are kept for boarding, training, care and grooming, breeding, or stud services for remuneration, or sales of offspring or adult animals, but does not include a veterinarian hospital. Leash means a cord, strap or other like apparatus that is attached to an animal in an effort to control the movement of the animal by the holder thereof. License certificate means a license document issued pursuant to this chapter. The board may by resolution authorize the license certificate and rabies vaccination certificate to be a combined document. License tag means a license tag, designed to be attached to an animal collar, issued pursuant to this chapter. Licensed veterinarian means a veterinarian licensed to practice in the state. Livestock means horses, stallions, colts, geldings, mares, sheep, rams, Iambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jenneys, burros, goats, kids, swine, and any other fur -bearing animals being raised in captivity, including those other animals recognized by the department of agriculture as being within the jurisdiction of its department. Neglect means failure to comply with the minimum requirements for animal care set forth in this chapter. Neutered or spayed means rendered permanently incapable of reproduction by surgical alteration, implantation of a device or other physical means, or permanently incapable of reproduction because of physiological sterility, but only where the neutered or spayed condition has been certified by a veterinarian licensed in any state. Notice means a notice to appear, unless the context of the chapter requires a different definition. Nuisance means the following: (1) An animal that habitually barks, howls, cries, screams or makes other bothersome noises any time of day or night; or (2) Any animal that, by its conduct or behavior, including, but not limited to, habitual or repeated destruction or soiling of any public or private property, habitual chasing of persons, cars or other vehicles, or running at large, causes a disturbance to the peace or causes injury or threat of injury to persons or property. Officer means any law enforcement officer defined in F.S. § 943.10, or any animal control officer. Ordinance means any ordinance relating to the control of or cruelty to animals enacted by the governing body of a county or municipality, the violation of which is a civil infraction. Owner means any person or custodian in charge of an animal and includes any person having a right of property in the animal; or an authorized agent of the person having a right of property in the animal; every person who keeps or harbors the animal or has it in his care, custody or control; and any person who has the apparent authority to have a right of property in the animal. The term shall include every person who resides at the same address or permits an animal to remain on the premises in which that person resides, if such person is of legal age. Person means any individual, corporation, society, co -partnership, limited partnership, limited liability company, association, or any other legal or business entity. Knowledge and acts of M agents and employees of corporations in regards to animals transported, owned, employed by or in the custody of a corporation, shall be held to be the knowledge and act of such corporation. Pet means any domesticated companion animal, excluding livestock, poultry, or wild animals, that is owned by any person. Poultry means any domestic fowl, ornamental birds, and game birds. Premises means a tract of land, including its dwelling units, buildings and other appurtenances. Provoke means to perform an act or omission that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack by an animal. Quarantine means strict confinement by leash, closed cage, paddock, or in any other manner, and in a place as approved by the animal control supervisor of all animals specified in the order. Rabies suspect animal means any animal that has bitten, scratched, or broken the skin of a human being, been in contact with or been bitten, scratched or has had its skin broken by a rabid animal; or any animal that shows symptoms suggestive of rabies. Rabies vaccination certificate means a certificate issued by a licensed veterinarian attesting that the animal has been inoculated against rabies. The certificate shall be Form 51, "Rabies Vaccination Certificate," of the National Association of State Public Health Veterinarians or an equivalent form containing all the information required by such form. The form may be combined with the license certificate and the veterinarian who administers the rabies vaccine to the animal may affix his signature stamp in lieu of an actual signature. Rabies vaccination tag means a tag, designed to be attached to an animal collar and containing the rabies vaccination certificate number. Sporting kennel or cattery means a facility that offers no services for profit, that maintains animals solely for the owner's sporting or hobby purposes, and that sells offspring and adult animals only on an occasional basis. The term "occasional basis" means animal sales of a frequency of no greater than one litter per fertile female per year. Tether means a rope or chain fastened to an animal and a stationery object to keep the animal within a certain boundary. Torment means an act or omission, including abandonment or neglect that causes pain, suffering, or distress to an animal, including mental or emotional distress as evidenced by the animal's altered behavior. Veterinary hospital means any establishment operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases, illnesses, and injuries of animals. Vkieus-anima f. The teFm "Yerious tl FAeaR6 MY MIMI that MIST' t6 tl p k, G. i Wild animal means any animal that is not a domesticated companion animal, or that is any crossbreed of wild animals with domestic animals, or any descendant of any crossbreed. Such animals include, but are not limited to: any venomous snake, python or constrictor snakes, owls, porcupines, monkeys, raccoons, skunks, leopards, lions, tigers, lynx, bobcats, badgers, fox, coyote, wolves, wolf -hybrids, wolverines, squirrels, bears, deer, chipmunks, moose, elk, rabbits, opossum, beavers, ground hogs, moles, gophers, mice/rodents, bats, birds, and any related fur or feathered nondomesticated companion animals. SECTION 2. Sec. 4-3(1), Monroe County Code is hereby amended to read as follows: (1) The board of county commissioners finds that the presence of dangerous dogs animals,animals and vieieus as defined in this chapter, within the county creates an increased danger to public health and safety and to the welfare of other animals and people. SECTION 3. Sec. 4-37(a)(2), Monroe County Code is hereby amended to read as follows: (2) Any ner-ee,v _eieu,e dangerous do s is not properly secured or restrained by the owner or keeper; SECTION 4. Sec. 4-38(a)(3), Monroe County Code is hereby amended to read as follows: (a) The animal control supervisor and animal control officers may catch, seize or pick up: (1) Any stray animal; (2) Any animal at large; (3) Any fieFee,r+eieueF dangerous dog an+Faai not properly restrained or secured by the owner or keeper; (4) Any animal carrying or believed to be carrying rabies or other infectious or contagious diseases; (5) Any animal that is a nuisance; (6) Any dog not licensed and inoculated as required by this chapter; 0 (7) Any sick or injured animal for which the owner or keeper cannot be found after reasonable effort to do so, or for which the owner or keeper is unable or unwilling to provide proper care; (8) Any animal that has been found engaged in animal fighting that is prohibited by this chapter; or (9) Any other animal authorized by this chapter to be quarantined, impounded, caught, seized or picked up. (b) The animal control supervisor or his officers shall impound or otherwise dispose of such animals as provided under this chapter. (c) The animal control supervisor and animal control officer shall investigate complaints or actions allegedly in violation of this chapter and shall issue citations demanding that the violations cease or be corrected. Those animal control officers authorized to issue citations pursuant to F.S. § 828.27(1)(b) and F.S. § 828.23(1)(f), have authority under this chapter. (d) Pursuant to law, the animal control supervisor and officers may enter public or unfenced private property within the county, except residential buildings, to carry out the duties imposed by this chapter. (e) The animal control supervisor may declare an animal to be a "fieme aAifflal," "dangerous dog„ ° ' ' " as defined by section 4-1 in accordance with the procedure set forth in section 4-75 of this chapter, and may order the owner of such animal to secure, restrain and confine it in a reasonable manner specified by the animal control supervisor and comply with other regulations Pertaining to "dangerous dogs" as required by this chapter. M The animal control officer shall fulfill the following duties: (1) The animal control officer shall promptly seize, take up and place in the animal protection shelter, or contracted services provider, all animals being kept or harbored or found running at large any place within the county contrary to the provisions of this chapter or the statutes of the state. As to any cat found roaming or wandering on public property or private property other than that of its owner, that is unrestrained, without its owner immediately and visibly present in such area and without an identifying license tag, the animal control officer, after reasonable investigation, shall be vested with discretion to conclude that such cat is feral or abandoned by its owner and may seize and impound the cat in accordance with the provisions of this chapter. (2) The animal control officer shall be properly deputized as a peace or police officer for the purpose of this chapter. He shall have the legal authority and duty to issue appearance tickets, citations or summonses to those persons owning, keeping or harboring animals contrary to the provisions of this chapter. (3) The animal control officer shall dispose of impounded animals that are not claimed and released within: a. Seven days if the animal has been chipped or tattooed or wears a license or rabies tag, which chip, tattoo, rabies or license tag is registered with current information to facilitate contact of the owner, or wears an identification tag with current information to facilitate contact of the owner; or b. Five days if the animal is not able to be identified by one of the following methods: 1. Adoption by an individual person who meets adoption criteria for the animal; 2. Humane euthanasia under state statute if the animal is deemed unadoptable or cannot be placed within a reasonable time with a duly recognized service provider to the county, such as a licensed humane society or animal protection shelter; or 3. Release to a duly recognized service provider to the county, such as a licensed humane society or animal protection shelter. W1 If, however, a dog or cat has a collar, license, or other evidence of ownership, the animal control officer shall notify the owner of the impoundment. Disposition of the animal shall then not be made until after five days from the date of confirmed delivery of a certified mailing or notice of non -pick-up of the certified mail, unless the owner has, prior to the end of the five days, redeemed the animal or relinquished in writing ownership of the animal. The animal control supervisor shall maintain a record of when the animal was acquired and under what circumstances. This record shall also indicate the date of notice sent to the owner of an animal and any subsequent disposition of the animal. This section does not apply to animals that are sick or injured to the extent that the holding period would cause the animal to suffer. Regulations regarding the sale of animals from the animal protection shelter and boarding and other charges shall be posted in a conspicuous place at the animal control shelter. The bodies of all animals destroyed at the animal control shelter or elsewhere in the county shall be disposed of by the animal control officer in a manner approved by the county health department and the board of county commissioners. Any animals voluntarily relinquished to the animal control shelter by their owners for disposition (not boarding) need not be kept for the minimum period of five days before release or disposal of the animal by the animal control officer. (4) The animal control officer shall promptly investigate all animal bite cases involving human injury and shall search out and attempt to discover the animal involved. If the animal control officer finds the animal responsible for the bite, he shall either impound or quarantine the animal for examination for disease in accordance with the applicable provisions of this chapter and the statutes of the state. The animal control officer shall also be obliged to seize and impound any rabies -suspected animal and cause the animal to be either impounded or quarantined for examination for disease in accordance with the provisions of this chapter. (5) In response to a complaint of an animal at large or there being a clear indication of "animal in distress" as defined by F.S. § 828.12, the animal control officer is authorized and empowered in accordance with the provisions of this chapter to enter upon private premises (excepting entry into the private areas of buildings or enclosures constructed to provide privacy, unless in possession of a search warrant) for the purpose of inspecting those premises to determine if the owners of dogs, cats or animals harbored, kept or possessed on the premises have complied with the provisions of this chapter. The animal control officer is authorized and empowered to issue a citation to the owner of any dogs, cats or ferrets for whom no license has been procured in accordance with this chapter or for any other violation of this chapter. The provisions of this subsection shall include, but not be limited to, investigation of, and seizure for, cruelty to animals, and investigation and seizure of vicieas of dangerous dogs aaifaals. (6) The animal control officer shall have the duty to inspect any kennel, a license for that has been issued by any state or county agency or their authorized officers, and shall have the duty to notify the licensing agency of any conditions that are unhealthy or inhumane to the animals kept in the kennel. (7) The animal control officer shall have the duty to investigate complaints of animals alleged to be dangerous dogs ,and shall have the right to seize, take up and impound such animals pending disposition pursuant to this chapter. (8) The animal control officer shall have the duty to investigate complaints of cruelty to or abandonment or neglect of animals and shall take such action as is required or permitted by the section of this chapter governing animals in distress. (9) The animal control officer shall be responsible for coordinating with the county administrator or his designated appointee the sale of licenses and the keeping of appropriate records and related books of account. (10) The animal control officer shall not sell, give or make available in any manner any live or dead animals of any species or any animal body parts or organs to be used for research, demonstration, experimental or any other purposes by any person, firm, corporation or institution, except to the extent necessary to comply with health laws and regulations concerning rabies. The animal control officer shall be responsible for disposition of the bodies of animals destroyed at the animal protection shelter in accordance with state law and regulations. (11) The animal control officer shall provide to the state attorney for investigation and possible prosecution information concerning suspected violations of the following: a. The provisions of F.S. § 828.122 governing fighting or baiting animals; b. The provisions of F.S. § 828.123 governing killing a dog or cat with intent to sell pelt and possession of pelts of dogs or cats with the intent to sell; C. The provisions of F.S. § 828.1231 governing the sale of garments or items of clothing containing dog or cat fur; d. The provisions of F.S. § 828.125 governing the killing or aggravated abuse of registered horses and cattle; and e. The provisions of F.S. § 828.29 governing the transportation into the state, and offering for sale of, dogs and cats. The county attorney is authorized to seek injunctive relief against continued violations of such statutes if an investigation discloses probable cause to believe the violations are occurring and there is no criminal prosecution of the violations. (12) The animal control officer shall have such other duties relating to the enforcement of this chapter as the board of commissioners may from time to time provide. (g) The animal control officer, in enforcing the provisions of this chapter and the statutes of the state pertaining to animals, may issue to the owner or keeper of an animal in violation of this chapter a citation containing a notice to pay a fine and/or appear in court or may make complaint to the State Attorney for the Sixteenth Judicial Circuit and to the circuit or county court in regard to any violations of this chapter. (h) No employee of the county or any contracted entity shall perform the duties of an animal control officer unless that person has been certified through the training program described in F.S. § 828.27(4)(a). This provision shall not preclude employees who are not certified from providing care for animals, maintenance of animal living areas or attending to other operational and administrative duties of the animal control and sheltering functions. SECTION 5. Sec. 4-67, Monroe County Code is hereby amended to read as follows: Sec. 4-67. - Animals at large prohibited; restraint of #lerr-e, dangerous 42 _s, nuisances; confinement of female dogs and cats in heat; curbing dogs. (a) No owner or keeper of an animal other than a domestic cat shall willfully or negligently allow the animal to run at large on any public property or on any private property of another without permission of the property owner. Any animal under the close supervision of its owner or keeper or otherwise engaged in an organized animal exhibition, field trial, competition, legal sport or training for these activities, shall not be deemed to be an animal at large. It is unlawful for owners or keepers of a diseased animal, including a diseased cat, to allow the animal to run at large. (b) No owner or keeper of a dog a aalrraal declared by the animal control supervisor to be 19erse; visieds of dangerous shall either willfully or negligently allow the dQq anirnal to run at large or to fail to secure, restrain or confine the dog 2aira21 as ordered by the animal control supervisor or animal control officer pursuant to this chapter. (c) No animal owner or keeper shall permit, either willfully or negligently, the animal to be a nuisance. The owner or keeper of any animal for which the owner or keeper has been given notice that the animal constitutes a public nuisance shall take necessary precautions to abate the nuisance. At a minimum, the owner or keeper shall immediately confine the animal in such manner as is necessary to prevent the continuation of the nuisance. Within 14 days of receipt of notice that an animal constitutes a public nuisance, we the owner or keeper shall permanently confine the animal, have the animal destroyed by euthanasia by a licensed veterinarian or remove the animal from the county, whichever may be necessary to the abatement of the nuisance. Failure to abate the nuisance as required herein shall be deemed the maintaining of a public nuisance in violation of this chapter. (d) No owner or keeper shall permit a female dog or cat in heat (estrus) to be upon the streets or in any public place. The owner or keeper of a female dog or cat in heat shall confine the animal so as to make it inaccessible to any male dog or cat except for controlled and intentional breeding purposes. Maintaining direct control or confinement within a fence, open kennel, open cage or run may be, but shall not be presumed to be, insufficient and not in compliance with this section, unless other measures have been instituted to prevent uncontrolled breeding. (e) The following regulations shall apply: (1) No dog owner or keeper shall allow an unleashed dog upon any school grounds. (2) No dog owner or keeper shall, either willfully or negligently, permit the dog to defecate upon any public property, except where designated by official signage, or on private property without the permission of the owner. A dog owner or keeper is required to remove the dog's feces from any public property or school grounds or any private property upon which the dog is not permitted to defecate. A person having custody or control of an animal on property other than his own shall be equipped to collect and shall collect such animal's solid waste when eliminated. (3) Except for animals that assist disabled persons, domestic animals are prohibited from all county parks and beaches unless permitted in this Code. No person may cause or allow any domestic animal (of whatever size) other than an animal that assists a disabled person to be brought to, or remain on, any county park or beach, with the exceptions of parks and beaches specified in subsection (e)(4) of this section. (4) Pets are permitted to be taken to County Parks as set forth in Sec. 18.270) Key , subject to pet - friendly park restrictions specified therein. OR GhaptSF 18. . (5) Except for animals that assist disabled persons, and animals that play a work - related role, domestic animals are prohibited from all county facilities except where specifically allowed by other sections of this Code or by resolution of the board. (6) If this subsection (e) is violated, the department is authorized to remove the animal or, in its discretion, to order the owner or keeper to do so. (7) An owner or keeper of any animal shall immediately remove any excrement deposited by the animal on any property other than that of the owner, whether the animal is lawfully or unlawfully on the property. Failure to do so immediately shall constitute an additional violation of this section. SECTION 6. Sec. 4-75, Monroe County Code shall be amended to read as follows: Sec. 4-75. - Confinement of €teFee, dangerous dogs, authority to designate a dog as dangerous; confiscation; hearing and appeal procedures. . (a) Upon receipt of a notarized sworn affidavit seff+plaiR , the animal control supervisor shall investigate whether a dog jai is 4ofse; dangerous ervideus. An individual desiring to have a doa designated as dangerous shall attest in a notarized sworn affidavit to the incident giving rise to the request and shall submit the affidavit to the animal control supervisor within 30 days of the incident. The animal control supervisor will, if possible, interview the owner or keeper of the dog under investigation before designating the dog as dangerous. Any animal that is the subject of a dangerous dog investigation, that is not impounded by the animal control supervisor, shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and 10 resolution of the hearings related to the dangerous dog classification. The animal control supervisor shall require, at a minimum that: (1) No fierce, dangerous dog may be kept on an unenclosed porch, patio or in any part of a house or structure that would allow the animal to exit such building or enclosure on its own volition, nor shall such animal be kept in a house or structure where window screens or screen doors are the only obstacle preventing the animal from exiting the structure; and (2) All owners, keepers or harborers of fiers9, dangerous dogs shall display in a prominent place on their premises a sign, easily readable by the public from adjoining public roads or streets, using such words as "Beware of Dangerous Dog Animai° or other appropriate warning language, along with a similar sign that shall be posted on the kennel or pen of such animal. (3) Additional regulations shall be met as set forth in Section 4-81(t) upon final determination of a dog as dangerous by the animal control supervisor or administrative hearing process. (b) If the animal control supervisor finds that there is sufficient cause to designate a dog as #ieFse; dangerous , written notification of that determination and all the facts known to him shall be delivered to the responsible party by registered mail, certified hand delivery, or service of process in conformance with Chapter 48, Florida Statutes. seatrel-sepewiseF. The notice shall inform the owner or keeper that the determination and any related fines may be appealed by providing, within seven (7) calendar days of receipt of the written notification, a written request for an administrative hearing: the request shall be delivered to the address provided on the written notice. If a request for a hearing is received more than seven (7) calendar days from the receipt of the written notification, the hearing officer shall be precluded from exercising jurisdiction, and the appeal shall be dismissed as untimely. Persons that seek an administrative hearing shall be responsible for all cost incurred and shall pay the cost for the administrative hearing officer before said hearing will be scheduled. (c) Appeal procedure. Upon receipt of a timely written request for an administrative hearing, the animal control supervisor shall schedule an administrative hearing to be held not later than 21 calendar days, and not sooner than five (5) days, after receipt of the written request. Determinations of dangerousness and fines based on the same incident shall be heard at the same administrative hearing. No person aggrieved by a determination to designate a dog as dangerous may appeal to the Court for relief unless he has first exhausted the remedies provided for herein and taken all available steps provided in this section. While an appeal is pending, the determination shall be staved, provided, however, that pending resolution of the appeal, the owner or keeper shall confine the dog as set forth by the animal control supervisor. If the animal control supervisor has confiscated the dog, the owner or keeper shall be responsible for payment of all boarding cost and other fees as may be required to humanely and safely keep the dog during an appeal. (bd) No owner or keeper shall permit are aaimai dog deemed fierGe, YiGieus GF dangerous, to be in noncompliance with the animal control supervisor's written order or any requirement of this sestieR cha ter. Failure to comply constitutes a violation of this chapter and subjects the owner or keeper to the penalties of this chapter and subjects the dQq aaimai to seizure as provided in this chapter. (set Any owner, keeper or harborer of #ierse, dangerous dogs , within ten days of the effective date of the ordinance from which this chapter is derived or of notice by an animal control supervisor that an animal in his control or possession is deemed MiGiOUS GF dangerous, shall provide proof to the animal control supervisor and to any person claiming to have been injured by the animal that the owner has notified in writing, proof of service required, the insurer of the premises where the animal is kept. (4D All owners, keepers or harborers of fierGe, VOGIGUS GF dangerous dogs aflimals, within ten days of the effective date of the ordinance from which this chapter is derived or of notice by an animal control supervisor that an animal in his control or possession is deemed ViGiews GF dangerous, shall provide the animal control supervisor with two color 11 photographs of the registered animal clearly showing the color and approximate size of the animal. (eg) All owners, keepers or harborers of #ieFse, visieus of dangerous dogs animals must, within three days of the following incidents, report the following in writing to an animal control supervisor: (1) The removal from the county or death of a #ieme, visieasGF dangerous dog aRimal; (2) , (32) The new address of a fieFse; visieds eF dangerous doq animal if the owner moves within the county limits; and (43) The animal is on the loose, has been stolen or has attacked or bitten a person or animal. (#h) A dog that bites any person or domestic animal may be quarantined, as provided by F.S. § 767.13, or section 4-44 of the Monroe County Code. No dog may bite or attack a person or an animal, and may be determined to be dangerous ewisieas unless the bite or attack occurs in circumstances that exempt an animal from the definitions of dangerous-W visieus under this chapter. SECTION 7. Section 4-81(t) shall be amended to read as follows: (t) Dangerous dag animal and idaim Fr. animal care. Every dangerous dog aF�iFaal shall be: M confined by its owner within a building or secure enclosure. A clearly visible warning sign informing the public of the Presence of a dangerous dog on the Property shall be Posted: 2Lsecurely muzzled or caged whenever off the premises of its owner; (3) vaccinated in accordance with Section 4-64 of this chapter: (4) sterilized: and (5) implanted with a microchip. The microchip shall be registered by the owner with the national registry applicable to the microchip and the microchip number and other identifying information must be Provided to the animal control supervisor. SECTION 8. SEVERABILITY. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION 9. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 10. INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect as provided in section 125.66(2), Florida Statutes. 12 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the th day of , 2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA L-In Deputy Clerk I: Mayor/Chairperson • 13 ADDITIONAL BACK-UP Municode Page 1 of 6 (I C' U.Vren,'f a LC - Monroe County,Florida, Code of Ordinances» PART I - GENERAL ORDINANCES >> Chanter 4 - ANIMALS >> ARTICLE I. - IN GENERAL» ARTICLE I. - IN GENERAL Sagc 4-1. - Definitions. Sec, 42. Short title authority and our0ose of rovisions. Sec, 4- . - Lerilslatiye fihdinos and intent. Sec, 4-4�Surrender of animal tQ a,nin control suaervisor interference with offic�rmance of dtattr. Sec. 4-5. - Areas of enforcement, gc 46_ "Right of bgArd to_enact _rules and reo fatalions. Sec 4 7,. Animals in county fewer than 30 days exemot. Secs 4-8-4-36 - Reserved. ec.-1-i. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandon means to forsake an animal entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner, or to leave an animal unattended for more than 24 hours, or to release the animal upon public roads or public or private lands, or to fail to provide adequate food, water, exercise or medical care. Animal means any living dumb creature, including any mammal, bird, fish, reptile, ferret, turtle, horse, mollusc, crustacean, or any other vertebrate other than a human being. Animal at large means any animal, other than a cat, that is not under the control, custody, charge or possession of the owner or other responsible person in attendance, by leash, secure fence or other means of confinement or restraint. Animal control officer means any person employed or appointed by the county for the purpose of enforcing county ordinances or state statutes pertaining to animal care and control, who is authorized to investigate on public or private property civil infractions relating to animal control or cruelty and to issue citations as provided in this chapter, and whose appointment is approved by the board of county commissioners, and whose appointment is approved by a judge of the county court or circuit court for the county. For purposes of enforcement of violations of this chapter, the terms "animal control officer" and "animal control supervisor" are interchangeable. Animal control shelter means a facility designated or recognized by the county or the state for the purpose of impounding and/or caring for animals, including a contract service provider, such as a local animal protection shelter, that may include a humane society. Animal control supervisor means a person who has been duly appointed as an animal control officer and who is: (1) The person, if the function of animal control is administered by county employees or if a single independent contractor has contracted for animal control services county -wide, who has authority and responsibility for all county animal shelters and to whom all duly appointed animal control officers shall report; or (2) Any person with authority and responsibility for one or more county animal shelters and to whom duly appointed animal control officers shall report by area under the jurisdiction of any single contractor, if the animal control functions within the county are administered by more than one independent contractor. Animal fighting means fighting between roosters or other birds or between dogs, or between other animals of the same species. Bait means to attack with violence, to provoke, or to harass an animal with one or more animals for the purpose of training an animal for, or to cause an animal to engage in, fights with or among other animals. In addition, the "baiting" means the use of live animals in the training of racing greyhounds. ,_...,Intl_-,--------'--'- - __ - A11no1rVG/7nln Municode Page 2 of 6 Cat means any member of the species felis catus. Charging instrument means a writing or document that recites the mode of committing an offense. Citation means a charging instrument or written notice, issued to a person by an animal control officer or law enforcement officer, that the officer has probable cause to believe that the person has committed a civil infraction in violation of a duly enacted ordinance and that the county court will hear the charge. The citation must contain: (1) The date and time of issuance; (2) The name and address of the person; (g) The date and time the civil infraction was committed; (4) The facts constituting probable cause; (5) The section of this Code violated; (6) The name and authority of the officer; (7) The procedure for the person to follow in order to pay the civil penalty, to contest the citation, or to appear in court as required this section; (8) The applicable civil penalty if the person elects to contest the citation; (9) The applicable civil penalty if the person elects not to contest the citation; (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty; and (11) A conspicuous statement that if the person is required to appear in court as mandated by this section, he does not have the option of paying a fine in lieu of appearing in court. Commercial kennel or cattery means a facility that offers the services of a kennel or cattery for a profit. Cruelty means any act of neglect, torture, or torment that causes unjustifiable pain or suffering of an animal, and includes, but is not limited to, any omission of a duty to provide food and water, shelter, and health care which omission causes unjustifiable pain or suffering of an animal, and allowing pain or suffering to continue when there is reasonable remedy or relief. Dangerous animal means any animal that bites or attacks a person or an animal, but does not include the following: (1) An animal that bites or attacks a person or animal that provokes, torments, tortures, or treats the animal cruelly; or (2) An animal that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect itself or another animal or a person H that person is engaged in lawful activity and is the subject of an assault or battery or animal attack. Direct control means control that is immediate and continuous. Dog means any member of the species canis familiaris. Domesticated companion animal means an animal that has traditionally, through a long association with humans, lived in a state of dependence upon humans or has been traditionally kept as a household pet, including, but not limited to: dogs, cats, hamsters, gerbils, ferrets, mice, rabbits, parakeets, parrots, cockatiels, cockatoos, canaries, love birds, finches and tropical fish. Effective voice command means voice control within 20 feet by a competent person which at all times prevents the animal subject to the voice control from running at large or otherwise violating the provisions of this chapter. Ferret means any member of the species mustela furo. Fierce animal means any animal not dangerous or vicious but that frequently shows aggressive tendencies. Keeper means any person possessing or having custody of an animal. Kennel or cattery means any establishment, except a pet shop or animal protection shelter, wherein or whereon animals are kept for boarding, training, care and grooming, breeding, or stud services for remuneration, or sales of offspring or adult animals, but does not include a veterinarian hospital. Leash means a cord, strap or other like apparatus that is attached to an animal in an effort to control the movement of the animal by the holder thereof. U4.+-. Al)n0 1 nici,)nl n Municode Page 3 of 6 License certificate means a license document issued pursuant to this chapter. The board may by resolution authorize the license certificate and rabies vaccination certificate to be a combined document. License tag means a license tag, designed to be attached to an animal collar, issued pursuant to this chapter. Licensed veterinarian means a veterinarian licensed to practice in the state. Livestock means horses, stallions, colts, geldings, mares, sheep, rams, Iambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jenneys, burros, goats, kids, swine, and any other fur -bearing animals being raised in captivity, including those other animals recognized by the department of agriculture as being within the jurisdiction of its department. Neglect means failure to comply with the minimum requirements for animal care set forth in this chapter. Neutered or spayed means rendered permanently incapable of reproduction by surgical alteration, implantation of a device or other physical means, or permanently incapable of reproduction because of physiological sterility, but only where the neutered or spayed condition has been certified by a veterinarian licensed in any state. Notice means a notice to appear, unless the context of the chapter requires a different definition. Nuisance means the following: (�) An animal that habitually barks, howls, cries, screams or makes other bothersome noises any time of day or night; or (2) Any animal that, by its conduct or behavior, including, but not limited to, habitual or repeated destruction or soiling of any public or private property, habitual chasing of persons, cars or other vehicles, or running at large, causes a disturbance to the peace or causes injury or threat of injury to persons or property. Officer means any law enforcement officer defined in F.S. § 943.10, or any animal control officer. Ordinance means any ordinance relating to the control of or cruelty to animals enacted by the governing body of a county or municipality, the violation of which is a civil infraction. Owner means any person or custodian in charge of an animal and includes any person having a right of property in the animal; or an authorized agent of the person having a right of property in the animal; every person who keeps or harbors the animal or has it in his care, custody or control; and any person who has the apparent authority to have a right of property in the animal. The term shall include every person who resides at the same address or permits an animal to remain on the premises in which that person resides, H such person is of legal age. Person means any individual, corporation, society, co -partnership, limited partnership, limited liability company, association, or any other legal or business entity. Knowledge and acts of agents and employees of corporations in regards to animals transported, owned, employed by or in the custody of a corporation, shall be held to be the knowledge and act of such corporation. Pet means any domesticated companion animal, excluding livestock, poultry, or wild animals, that is owned by any person. Poultry means any domestic fowl, ornamental birds, and game birds. Premises means a tract of land, including its dwelling units, buildings and other appurtenances. Provoke means to perform an act or omission that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack by an animal. Quarantine means strict confinement by leash, closed cage, paddock, or in any other manner, and in a place as approved by the animal control supervisor of all animals specified in the order. Rabies suspect animal means any animal that has bitten, scratched, or broken the skin of a human being, been in contact with or been bitten, scratched or has had its skin broken by a rabid animal; or any animal that shows symptoms suggestive of rabies. Rabies vaccination certificate means a certificate issued by a licensed veterinarian attesting that the animal has been inoculated against rabies. The certificate shall be Form 51, "Rabies Vaccination Certificate,' of the National Association of State Public Health Veterinarians or an equivalent form containing all the information required by such form. The form may be combined with the license certificate and the veterinarian who administers the rabies vaccine to the animal may affix his signature stamp in lieu of an actual signature. w— — a_ i n/,snnin Municode Page 4 of 6 Rabies vaccination tag means a tag, designed to be attached to an animal collar and containing the rabies vaccination certificate number. Sporting kennel or cattery means a facility that offers no services for profit, that maintains animals solely for the owner's sporting or hobby purposes, and that sells offspring and adult animals only on an occasional basis. The term "occasional basis" means animal sales of a frequency of no greater than one litter per fertile female per year. Tether means a rope or chain fastened to an animal and a stationery object to keep the animal within a certain boundary. Torment means an act or omission, including abandonment or neglect that causes pain, suffering, or distress to an animal, including mental or emotional distress as evidenced by the animal's altered behavior. Veterinary hospital means any establishment operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases, illnesses, and injuries of animals. Vicious animal. (�) The term "vicious animal' means any animal that has: a. Previously been declared a "dangerous animal" under this chapter or under F.S. § 828.27 (1); b. A propensity, tendency, or disposition to attack, cause injury, or otherwise endanger the safety of persons or domesticated companion animals; or C. Behaved in such a manner that the owner knows or should have known that the animal had tendencies to bite or attack persons or other domestic companion animals. (2) The term does not include the following: a. An animal that bites or attacks a person or animal that provokes, torments, tortures, or treats the animal cruelly; or b. An animal that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect itself or another animal or a person if that person is engaged in lawful activity and is the subject of an assault or battery or animal attack. Wild animal means any animal that is not a domesticated companion animal, or that is any crossbreed of wild animals with domestic animals, or any descendant of any crossbreed. Such animals include, but are not limited to: any venomous snake, python or constrictor snakes, owls, porcupines, monkeys, raccoons, skunks, leopards, lions, tigers, lynx, bobcats, badgers, fox, coyote, wolves, wolf -hybrids, wolverines, squirrels, bears, deer, chipmunks, moose, elk, rabbits, opossum, beavers, ground hogs, moles, gophers, mice/rodents, bats, birds, and any related fur or feathered nondomesticated companion animals. (Code 1979, § 3-3; Ord. No. 006-2006, § 1) Sec. 4-2. - Short title; authority and purpose of provisions. This chapter shall be referred to as the °Monroe County Animal Control Ordinance' and is enacted under the powers of the board of county commissioners to regulate animals and animal owners and keepers in the interest of the health, safety and welfare of the citizens of the county. (Code 1979, § 3-1; Ord. No. 006.2006, § 1) Sec. 4-3. - Legislative findings and intent. The board of county commissioners finds that ownership of an animal carries with it responsibilities to the county and the general public with regard to care and control of the animal. In interpretation and application, the provisions of this chapter shall be construed to impose a primary responsibility for compliance with this chapter on the owner of an animal. The board of county commissioners concludes that it is advisable to enact a revised animal control ordinance in the interest of protecting public health and safety, promoting the welfare of animals within the county and providing for the orderly and uniform administration of the provisions governing animal welfare and control. (�) The board of county commissioners finds that the presence of dangerous animals and vicious animals, as defined in this chapter, within the county creates an increased danger to public health and safety and to the welfare of other animals and people. w .. twi, Inisi1)nIn Municode Page 5 of 6 (2) The board of county commissioners finds that the authority endowed upon the county administrator to reassign and reallocate job functions may result in changes in the division director assigned responsibility by the county administrator for oversight of the animal control functions. (3) The board of county commissioners finds that it is inhumane to mistreat, neglect or abandon an animal. It is the intent of this chapter to impose penalties of significance in order to deter such action and to reduce the possibility of repeat violations by rendering the violators ineligible to adopt pets from county animal shelters. (4) The board of county commissioners finds that proposed penalties for abandonment, permanent identification, breeding and spay/neuter requirements differ significantly from penalties existing on the books, which penalties are no longer commensurate with the severity of the violation, and, therefore, changes to this chapter need to incorporate a system of penalties designed to provide leniency and education for a first offense and a penalty of significance to act as a deterrent for subsequent offenses, and to provide uniformity to enhance the ability of animal control officers and the court to enforce the animal control laws. (5) Subsection 19-153(b) of the Monroe County Code (repealed by Ordinance No. 006-2006) limits domesticated animals to two per household, which conflicts with the four allowed per premises in section 4-77. (6) The board of county commissioners finds that it is inhumane to chain, tether, or tie a dog to a stationary object or to confine it in a small space. (7) The board of county commissioners finds that pet overpopulation continues to have a negative impact on our communities by threatening the ecosystem and requiring enhanced animal control services. (8) The board of county commissioners finds that pets that find egress from fenced yards and other enclosures in order to seek out other animals are predominantly unaltered and become a nuisance by uncontrolled breeding and running at large. (9) The board of county commissioners finds that violations of the state statutes governing the treatment of animals are more likely to be addressed if this Code incorporates some of the statutory provisions to enable enforcement of such laws by local government officers. (10) It is the intent of the board of county commissioners that this chapter shall: a. Make provisions for penalties and contesting citations uniform; b. Eliminate inconsistencies and errors in this Code and make the codified provisions regarding animals easier to understand and apply; C. Provide incentives to those demonstrating responsible pet ownership; d. Impose penalties of significance in order to deter abandonment, mistreatment, and other inhumane action and to reduce the possibility of repeat violations by rendering the violators ineligible to adopt pets from county animal shelters; and e. Require pet owners to be fully responsible for their pets, to have them neutered or to take extraordinary precautions to prevent the pets from having further negative impacts caused by uncontrolled breeding, and requiring an exemption license, forfeitable for noncompliance. (Code 1979, § 3-2, Ord. No. 006-2006, § 1) ISec. 4-4. - Surrender of animal to animal control supervisor; interference with officer in performance of duty. It is unlawful for any person to refuse to surrender an animal upon lawful demand by the animal control supervisor or an animal control officer. It is unlawful for any person to attempt to take any animal from the custody of the animal control supervisor or an animal control officer or to attempt to take any animal from a county animal control shelter without permission of the animal control supervisor or animal control officers in the performance of their duties under this chapter. (Code 1979, § 3-25, Ord. No. 006-2006, § 1) Sec. 4-5. - Areas of enforcement. Pursuant to article VIII, section 1 of the Constitution of the State of Florida, the board may enforce this chapter throughout the unincorporated areas of the county, and within the incorporated areas of the county to the extent the chapter does not conflict with any municipal ordinance. f .. r".1 _.-I- ----- --=-------AIno1nisi,)n>In Municode Page 6 of 6 (Code 1979, § 3-33; Ord. No. 006-2006, § 1) Sec. 4-6. - Right of board to enact rules and regulations. The board may enact reasonable rules and regulations to implement and carry out the provisions of this chapter, including, but not limited to, the right to regulate or exempt certain animals from this chapter, and the right to regulate the numbers and types of animals and the conditions under which they may be maintained in residentially zoned areas. (Code 1979, § 3-32, Ord. No. 006-2006, § 1) Sec. 4-7. - Animals in county fewer than 30 days exempt. The vaccination and licensing provisions of this chapter shall not apply to animals that remain in the county for a period of fewer than 30 days. (Code 1979, § 3-31; Ord. No. 006-2006, § 1) Secs. 4-8-4-36. - Reserved. �.. «w...._../A ;L ,.._-_ �__�__��� .-...... /�...-.�....�...7i.�:....�in�iA7QQ�PsLITI►dl?DAl1PC*�fl*tT % Za % 7T%n7T17 1(1)5�/I1�ll ARTICLE II. - ADMINISTRATION AND ENFORCEMENT Page 1 of 10 I Monroe County, Florida, Code of Ordinances >> PART I - GENERAL ORDINANCES >> Chapter 4 - ANIMALS >> ARTICLE II. - ADMINISTRATION AND ENFORCEMENT >> i i IARTICLE II. - ADMINISTRATION AND ENFORCEMENT Sec 4 37- Construction, maintenance of animal control shelter; eMloyina, contracting and -ointment of animal control supervisor and c., _. officers. Sec 4 38. - Animal control officers and supervisors: qualifications, duties_ Sec. 4-39. - Fees and monies_ collected. Sec. 4-40. - Investictation. Sec 4 41 Suspension or revocation of license, seizure of animals. Sec 4 42. - Seizure, destruction of animals ad'udg�ed.nuisances: disposal of impounded animals• corn ensatlon to.owners, exemption of feral cats from the five-day holdingpenod, Sec 4 43 -Seizure of animals by property owners or tenantsdelivery,to animal control suerv#sore oundmenl and disposal; standard of care io be exercised bv_selzin pady. Seq 4 44. -Quarantine provisions amrroundment and treatment of sick and inturd ani emals disposal of dead animals Sec. 4-45. -jT oundinrt redeemmg by owner, distrosmon of unredeemed d9gs and cats. Sec. 4-46. ::..Enforcement, tines. Sec 4.47. - Animals found in distress- when agent may take gharse: hearinct _dispositionsal_e, Secs, 4-48— 4-63, _- Reserved. See. 4-37.. - Construction; maintenance of animal control shelter; employing, contracting and appointment of animal control supervisor and officers. (a) The board may purchase, lease or construct, and may operate and maintain animal control shelters to retain the following: (1) Animals at large; (2) Any fierce, vicious or dangerous animals not properly secured or restrained by the owner or keeper; (3) Animals that are nuisances, animals having or believed to have rabies or other infectious or contagious diseases; (4) Dogs not licensed and inoculated as required by this chapter; or (5) Any animal otherwise in violation of this chapter or required by this chapter to be impounded or quarantined. (b) The board may employ any person and/or contract with any private nongovernmental humane organization for the operation of animal shelter facilities and animal control responsibilities authorized by this chapter. When the board contracts with any society, association or corporation for the prevention of cruelty to animals to provide animal control and animal shelter services to the county, the contract shall provide for appointment of the entity's animal control supervisor and animal control officers as agents for the purpose of investigating violations of any of the provisions of F.S. ch. 828 and the provisions of this chapter. All animal control officers and supervisors, whether contracted or employed by the board, shall be appointed in the manner required by F.S. § 828.03(2), providing for the appointment of such officers to be approved by the board of county commissioners and a judge of the county or circuit court. (Code 1979, § 3-4; Ord. No. 006 2006, § 1) Sec. 4-38. - Animal control officers and supervisors; qualifications; duties. (a) The animal control supervisor and animal control officers may catch, seize or pick up: (1) Any stray animal; (2) Any animal at large; (3) Any fierce, vicious or dangerous animal not properly restrained or secured by the owner or keeper; (4) Any animal carrying or believed to be carrying rabies or other infectious or contagious diseases; (5) Any animal that is a nuisance; (6) Any dog not licensed and inoculated as required by this chapter; (7) Any sick or injured animal for which the owner or keeper cannot be found after reasonable effort to do so, or for which the owner or keeper is unable or unwilling to provide proper care; (8) Any animal that has been found engaged in animal fighting that is prohibited by this chapter; or I. -- - -..--ITTTIArT n Amino n,...,.121T"Tl_r7nV OUA AM AVTIT AnVM html 1mmnnin ARTICLE II. - ADMINISTRATION AND ENFORCEMENT Page 2 of 10 (g) Any other animal authorized by this chapter to be quarantined, impounded, caught, seized or picked up. (b) The animal control supervisor or his officers shall impound or otherwise dispose of such animals as provided under this chapter. (c) The animal control supervisor and animal control officer shall investigate complaints or actions allegedly in violation of this chapter and shall issue citations demanding that the violations cease or be corrected. Those animal control officers authorized to issue citations pursuant to F.S. § 828.27(1) i (b) and F.S. § 828.23(1)(f), have authority under this chapter. (d) Pursuant to law, the animal control supervisor and officers may enter public or unfenced private property within the county, except residential buildings, to carry out the duties imposed by this 1 chapter. (e) The animal control supervisor may declare an animal to be a "fierce animal,° °dangerous animal" or i °vicious animal' as defined by section 4-1, and may order the owner of such animal to secure, restrain and confine it in a reasonable manner specified by the animal control supervisor. M The animal control officer shall fulfill the following duties: (1) The animal control officer shall promptly seize, take up and place in the animal protection I shelter, or contracted services provider, all animals being kept or harbored or found running at I large any place within the county contrary to the provisions of this chapter or the statutes of the i state. As to any cat found roaming or wandering on public property or private property other i than that of its owner, that is unrestrained, without its owner immediately and visibly present in a such area and without an identifying license tag, the animal control officer, after reasonable investigation, shall be vested with discretion to conclude that such cat is feral or abandoned by its owner and may seize and impound the cat in accordance with the provisions of this chapter. F I (2) The animal control officer shall be properly deputized as a peace or police officer for the purpose of this chapter. He shall have the legal authority and duty to issue appearance tickets, citations or summonses to those persons owning, keeping or harboring animals contrary to the provisions of this chapter. i g (3) The animal control officer shall dispose of impounded animals that are not claimed and i released within: a. Seven days if the animal has been chipped or tattooed or wears a license or rabies tag, i which chip, tattoo, rabies or license tag is registered with current information to facilitate i contact of the owner, or wears an identification tag with current information to facilitate I contact of the owner; or b. Five days if the animal is not able to be identified by one of the following methods: 1. Adoption by an individual person who meets adoption criteria for the animal; g i 2. Humane euthanasia under state statute if the animal is deemed unadoptable or cannot be placed within a reasonable time with a duly recognized service provider to the county, such as a licensed humane society or animal protection shelter; or 3. Release to a duly recognized service provider to the county, such as a licensed humane society or animal protection shelter. If, however, a dog or cat has a collar, license, or other evidence of ownership, the animal control officer shall notify the owner of the impoundment. Disposition of the animal shall then not be made until after five days from the date of confirmed delivery of a certified mailing or I notice of non -pick-up of the certified mail, unless the owner has, prior to the end of the five days, redeemed the animal or relinquished in writing ownership of the animal. The animal k control supervisor shall maintain a record of when the animal was acquired and under what a circumstances. This record shall also indicate the date of notice sent to the owner of an animal and any subsequent disposition of the animal. This section does not apply to animals that are sick or injured to the extent that the holding period would cause the animal to suffer. Regulations regarding the sale of animals from the animal protection shelter and boarding and ' other charges shall be posted in a conspicuous place at the animal control shelter. The bodies of all animals destroyed at the animal control shelter or elsewhere in the county shall be disposed of by the animal control officer in a manner approved by the county health i department and the board of county commissioners. Any animals voluntarily relinquished to the animal control shelter by their owners for disposition (not boarding) need not be kept for i the minimum period of five days before release or disposal of the animal by the animal control officer. (4) The animal control officer shall promptly investigate all animal bite cases involving human injury and shall search out and attempt to discover the animal involved. If the animal control officer finds the animal responsible for the bite, he shall either impound or quarantine the ? animal for examination for disease in accordance with the applicable provisions of this chapter r and the statutes of the state. The animal control officer shall also be obliged to seize and impound any rabies -suspected animal and cause the animal to be either impounded or E quarantined for examination for disease in accordance with the provisions of this chapter. 1- 041,1........... ---_/1rTrr1kXT 11Af-UAAAT ADTTTAT-WXTlkfml IWr%/ nln ARTICLE II. - ADMINISTRATION AND ENFORCEMENT Page 3 of 10 (5) In response to a complaint of an animal at large or there being a clear indication of "animal in distress" as defined by F.S. § 828.12, the animal control officer is authorized and empowered in accordance with the provisions of this chapter to enter upon private premises (excepting entry into the private areas of buildings or enclosures constructed to provide privacy, unless in possession of a search warrant) for the purpose of inspecting those premises to determine if the owners of dogs, cats or animals harbored, kept or possessed on the premises have complied with the provisions of this chapter. The animal control officer is authorized and empowered to issue a citation to the owner of any dogs, cats or ferrets for whom no license has been procured in accordance with this chapter or for any other violation of this chapter. The provisions of this subsection shall include, but not be limited to, investigation of, and seizure for, cruelty to animals, and investigation and seizure of vicious or dangerous animals. (6) The animal control officer shall have the duty to inspect any kennel, a license for that has been issued by any state or county agency or their authorized officers, and shall have the duty to notify the licensing agency of any conditions that are unhealthy or inhumane to the animals kept in the kennel. (7) The animal control officer shall have the duty to investigate complaints of animals alleged to be dangerous animals or vicious animals, and shall have the right to seize, take up and impound such animals pending disposition pursuant to this chapter. (8) The animal control officer shall have the duty to investigate complaints of cruelty to or abandonment or neglect of animals and shall take such action as is required or permitted by the section of this chapter governing animals in distress. (9) The animal control officer shall be responsible for coordinating with the county administrator or his designated appointee the sale of licenses and the keeping of appropriate records and related books of account. (10) The animal control officer shall not sell, give or make available in any manner any live or dead animals of any species or any animal body parts or organs to be used for research, demonstration, experimental or any other purposes by any person, firm, corporation or institution, except to the extent necessary to comply with health laws and regulations concerning rabies. The animal control officer shall be responsible for disposition of the bodies of animals destroyed at the animal protection shelter in accordance with state law and regulations. (11) The animal control officer shall provide to the state attorney for investigation and possible prosecution information concerning suspected violations of the following: a. The provisions of F.S. § 828.122 governing fighting or baiting animals; b. The provisions of F.S. § 828.123 governing killing a dog or cat with intent to sell pelt and possession of pelts of dogs or cats with the intent to sell; C. The provisions of F.S. § 828.1231 governing the sale of garments or items of clothing containing dog or cat fur; d. The provisions of F.S. § 828.125 governing the killing or aggravated abuse of registered horses and cattle; and e. The provisions of F.S. § 828.29 governing the transportation into the state, and offering for sale of, dogs and cats. The county attorney is authorized to seek injunctive relief against continued violations of such statutes if an investigation discloses probable cause to believe the violations are occurring and there is no criminal prosecution of the violations. (12) The animal control officer shall have such other duties relating to the enforcement of this chapter as the board of commissioners may from time to time provide. (g) The animal control officer, in enforcing the provisions of this chapter and the statutes of the state pertaining to animals, may issue to the owner or keeper of an animal in violation of this chapter a citation containing a notice to pay a fine and/or appear in court or may make complaint to the State Attorney for the Sixteenth Judicial Circuit and to the circuit or county court in regard to any violations of this chapter. (h) No employee of the county or any contracted entity shall perform the duties of an animal control officer unless that person has been certified through the training program described in F.S. § 828.27 (4)(a). This provision shall not preclude employees who are not certified from providing care for animals, maintenance of animal living areas or attending to other operational and administrative duties of the animal control and sheltering functions. (Code 1979, § 3-5, Ord. No. 006-2006, § 1; Ord. No. 022-2006, §§ 1, 2) Sec. 4-39. - Fees and monies collected. (a) The board may charge reasonable fees for licensure and for impounding and care of animals under this chapter. The owners or keepers of impounded animals shall pay the fees and execute a sworn statement of ownership or responsibility as a condition precedent to release of an impounded animal. Fees collected shall be deposited in the general revenue fund of the county, and all expenses of 1. ��«.//l a......... .�...«....�.7..---/LTTI►AT /-I A'%fN01i _-...17 /TYTTf�T7/1T) /"TTA A AT A TITTT A T%T XT 1L-1 1/N/G/nf%I f% ARTICLE II. - ADMINISTRATION AND ENFORCEMENT Page 4 of 10 administering this chapter shall be paid from that fund. The board shall promulgate by resolution all charges to be paid under this chapter. For any dog, cat or ferret that has been adjudicated a dangerous animal pursuant to F.S. § 767.12, the license fees shall be increased by $15.00. (b) The board may provide for a system of fees that may include a system of discounts for responsible ownership, care and control of animals. In order for an owner to redeem any impounded animal, the required fees and all veterinary costs to provide such care necessary to sustain the animal in a humane manner while impounded shall be remitted to the animal control supervisor or officer. (c) All fees and monies collected by the animal control officers and supervisors shall be accounted for and turned over to the county clerk on or before the first of each and every month, or more often if reasonably necessary, under the standard practices of the clerk's accounting system. (Code 1979, § 3-6, Ord. No. 006-2006, § 1) Sec. 4-40. - Investigation. (a) For the purpose of discharging the duties imposed by this chapter and to enforce its provisions, any animal control officer or any sheriff's deputy or police officer is empowered to enter upon any premises on which an animal is kept or harbored to demand the exhibition of a kennel license by the owner or operator thereof. (b) An animal control officer or any sheriff's deputy or police officer may enter unenclosed premises where an animal is kept upon reported information and belief that an animal is being held in a cruel or inhumane manner and demand to examine the animal and seize and impound the animal when, in his opinion, the animal is subjected to cruel or inhumane treatment, abandonment or neglect. (c) A sheriff's deputy or police officer may enter premises pursuant to right of entry laws governing criminal activity where an animal is kept in violation of the criminal laws of this state. (d) An animal control officer is authorized to request an administrative search warrant from the court if he has probable cause to believe that violations of F.S. ch. 828 that constitute a reasonable fear or expectation that an animal is subject to abandonment, abuse, injury, or neglect is contained within a building or other enclosure for which the officer is not authorized to enter absent a warrant. (Code 1979, § 3-23; Old. No. 006-2006, § 1) Sec. 4-41. - Suspension or revocation of license; seizure of animals. All suspensions and revocations of licenses and all seizures and impoundments of animals shall be in accordance with this chapter and with such rules and regulations as are adopted from time to time by the board of county commissioners. (Code 1979, § 3-9; Ord. No. 006 2006, § 1) Sec. 4-42. - Seizure, destruction of animals adjudged nuisances; disposal of impounded animals; compensation to owners; exemption of feral cats from the five- day holding period. (e) When a court of competent jurisdiction adjudges an animal a nuisance under this chapter or other law, the animal control supervisor or animal control officer may seize the animal and offer it for adoption, or destroy it in a humane manner. (b) The animal control supervisor may likewise offer for adoption, destroy or otherwise dispose of any animal impounded pursuant to this chapter but only according to the following procedure. Unless determined by a veterinarian to be diseased or in pain, an animal may not be destroyed during the first five working days after impoundment. In addition, an animal may not be adopted out or released to anyone other than its owner during the first five working days after impoundment. If the animal is not destroyed according to a veterinarian's determination or claimed by its owner during the initial five -day period, then the animal may be offered for adoption or destroyed if: (1) No owner exists; (2) An owner is not identified within five working days after attempts by the animal control supervisor to do so; (3) The owner exists but cannot be contacted after reasonable attempts by the animal control supervisor to do so for a reasonable period of time; or (4) An owner has been contacted but has by his actions, failure to act, or statements, indicated an intent to abandon the animal. (c) The animal control supervisor shall make every reasonable effort to identify and notity owners or keepers of the impoundment of their animal pursuant to this chapter, and such efforts shall be made for a reasonable period of time as determined by the board by resolution. However, where the animal control supervisor complies fully and makes every reasonable effort based on the situation to identity and notify such owners and keepers, and where such efforts fail, resulting in the adoption or destruction or other disposal of the animal, the animal control supervisor shall be deemed to have + rn', _...._e__J_ __—rtTrrlk,rr 11 A'In 0/1 . _V2f1YTT/7T71nD l-uA AAT ADTTTATVPXT'ktrnl 1 n ARTICLE H. - ADMINISTRATION AND ENFORCEMENT Page 5 of 10 complied fully with due process of law, and no owner or keeper shall be entitled to any compensation for loss of the animal. (d) In the case of suspected feral cats, the animal control supervisor has the authority to hold and observe the suspected feral cat for a 72-hour period; thereafter, if the cat is determined to be feral by the animal control supervisor, he has the authority to euthanize the feral cat prior to the five-day holding period. (e) Any animal voluntarily turned in to the animal control shelter for the purpose of euthanasia, or any animal that is sick, injured or otherwise suffering, need not be held for the requisite time periods set forth in this section. In such case, the animal control officer may immediately humanely destroy the animal in accordance with the standards of state statutes. (f) The animal control supervisor shall maintain a record of when, where and under what circumstances each animal was seized. The record must also include the dates of notices sent to owners and the disposition of each animal. (g) Any owner may redeem an animal from impoundment by executing a swom statement of ownership, furnishing a license and tag, as required by this chapter and state laws and paying all expenses associated with the seizure and impoundment of the animal. The animal control officer shall not release any impounded animal to an owner who has been convicted of animal cruelty, abandonment or neglect or other violations of state law or of this chapter without a court order following a show cause hearing in which the owner establishes that he can and will own and keep the animal in a humane fashion, and in accordance with state laws and this chapter. (Code 1979, § 3-21; Ord. No. 00&2006, § 1) Sec. 4-43. - Seizure of animals by property owners or tenants; delivery to animal control supervisor; impoundment and disposal; standard of care to be exercised by seizing party. (a) It is lawful for a property owner or tenant to seize in a humane manner any dog, cat or other animal running at large on his property in violation of section 4-67. Where such seizure is made, the property owner or tenant shall immediately deliver the animal to the animal control supervisor or animal control officer. The property owner or tenant shall treat the animal humanely and shall exercise utmost care to ensure the animal's safety and well being. (b) An animal control supervisor may impound any animal delivered by its owner, or by a property owner or tenant pursuant to subsection (a) of this section, and may release or dispose of the animal pursuant to this chapter. (c) Any person who seizes an animal pursuant to this section shall exercise utmost care to treat the animal humanely and to avoid any injury, sickness, hunger or any other ailment or affliction whatsoever in both the seizure of the animal and the delivery of the animal to the animal control supervisor. Any person unable to comply with the foregoing for any reason shall not seize and deliver any animal; and any person who does injure or maim any animal or who does subject an animal to hunger, sickness, or any other ailment or affliction, either intentionally or negligently, in the exercise of the person's authority under this section, is in violation of this chapter and subject to the penalties herein. (Code 1979, § 3-22; Ord. No. 006-2006, § 1) Sec. 4-44. - Quarantine provisions; impoundment and treatment of sick and injured animals; disposal of dead animals. (a) When a domesticated animal has bitten a person or another animal, or is believed to have bitten a person or another animal, or is suspected by the animal control supervisor to have rabies, it shall be quarantined by a licensed veterinarian under the supervision of the animal control supervisor, or the animal may be held in quarantine at a county facility. The quarantine shall be for ten days. At the end of the ten-day quarantine, the owner shall pay all costs of quarantine and provide documentation to prove ownership and that the animal is currently protected by a rabies vaccination in order to redeem the animal. If, during the ten-day holding period, the animal displays symptoms of rabies, then an animal control officer shall humanely destroy the animal and immediately send the animal or sample specimen to a lab approved by the department of health. (b) The animal control supervisor may impound any animal believed to be carrying an infectious or contagious disease, or any injured animal, and may retain the services of a licensed veterinarian to treat it. The animal control supervisor may accept sick or injured animals upon delivery. When a sick or injured animal is owned and the owner is identified, such owner shall be liable for payment of veterinary expenses or reimbursement of the county's expenses in treating the animal. At the discretion of the animal control supervisor, a sick or injured animal may be destroyed or otherwise disposed of, and its remains disposed of without compensation to the owner or keeper, provided that the animal control supervisor shall make reasonable effort to notify the owner or keeper that the animal is impounded. The animal control supervisor shall charge the owner the applicable fee for ,,—, 1 _rcrrX4T 11 ArudAM ARTIT AiIFM html 1f)/5/?,OlO ARTICLE H. - ADMINISTRATION AND ENFORCEMENT Page 6 of 10 vaccination or licensing. When an impounded animal is not claimed within a reasonable period of time, as determined by board resolution, the animal control supervisor may transfer custody or ownership of the animal to a humane agency or a new owner, or may destroy the animal and dispose of its remains. In either event, the owner or keeper will not be entitled to compensation. (c) When an animal dies, the owner or keeper of the animal shall dispose of the remains immediately. When the animal control supervisor or animal control officer discovers a dead animal, he shall notify the owner or keeper, if known, and shall order the owner or keeper to dispose of the remains immediately. If the party notified fails to comply within 24 hours, the animal control supervisor shall cause the remains to be disposed of and shall bill the animal owner or keeper, as appropriate, for the costs of disposal. Such animal owner or keeper may further be held in violation of this chapter and punished as provided herein. The animal control supervisor shall dispose of the remains of an animal that has died on public property, but only where an owner or keeper cannot be notified. Nothing in this section shall be deemed to limit or contravene the provisions of F.S. § 823.041. (d) Any wild animal that bites or otherwise exposes a human to rabies shall be immediately killed and tested for rabies unless the county health officer determines the circumstances warrant an exception. (Code 1979, § 3-26; Ord. No. 006-2006, § 1) Sec. 4-45. - Impounding, redeeming by owner, disposition of unredeemed dogs and cats. (a) Impoundment authorized. Any dog found without a current tag or any animal found in violation of this chapter may be caught by an animal control officer or animal control supervisor, and imprisoned and i impounded at a place maintained or designated for that purpose. (b) Disposal of unredeemed animals; fees. After a period of confinement of five days, those animals not claimed may be disposed of through approved humane agencies, or otherwise in a humane manner. Animals shall be released to owners on presentation of proof of ownership and after proper inoculation, licensing and payment of fees, including a $100.00 fine if the animal was at large and is unneutered, for sterilization of the animal prior to release. This fine will be waived if the owner/caretaker agrees in an enforceable contract to after the animal prior to leaving the shelter. (c) Adoption of unclaimed animals. The fee for the adoption of an unclaimed animal shall be as adopted by the board of county commissioners plus any cost required by state statutes to qualify the animal 0 for adoption. (Code 1979, § 3-27; Ord. No. 006-2006, § 1; Ord. No. 022-2006, § 8) F Sec. 4-46. - Enforcement; fines. (a) Violations observed. Upon observing a violation of this chapter, the animal control supervisor or a sworn animal control officer or any other law enforcement officer may either: (1) Issue a citation to the owner or keeper of the animal, that shall be in substantially the same form approved by board resolution for this purpose, and that shall contain: a. The date and time of the issuance of the citation; b. The name and address of the person cited; C. The date and time the civil infraction was committed; d. The facts constituting probable cause for the issuance of the citation; e. The ordinance violated; f. The name and authority of the officer issuing the citation; g. The procedure for the person to follow in order to pay the civil penalty or to contest the citation; h. A statement of the maximum civil penalty (not to exceed $500.00) that may be imposed if the person cited contests the citation and is determined to have violated the ordinance; i. A statement of the civil penalty payable if the person cited does not contest the citation; and j. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, or fails to appear in court as required by the citation, he shall be deemed to have waived his right to contest the citation, and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty of $500.00. In addition, if a person fails to pay the civil penalty, or fails to appear in court to contest the citation or fails to appear in court as required by the citation, the court may issue an order to show cause upon the request of the governing body of the county. This order shall require such persons to appear before the court to explain why action on the citation has not been taken. If any person who is issued such order fails to appear in response to the court's directive, that person may be held in contempt of court. I .. ,0•1_ .....,..----NTrVXXT 11 A11non,.., 1'2nYrrr-T-7nv rerun Au AUTTienFrl html 1(1/5/�(11O ARTICLE II. - ADMINISTRATION AND ENFORCEMENT Page 7 of 10 (2) Impound the animal that is the subject of the violation and commence prosecution of the offense pursuant to this chapter or F.S. § 828.27(1)(f) or any subsequent similar provision. (3) The following types of violation of this chapter require a mandatory court appearance by the person cited: a. Aggravated violations resulting in the unprovoked biting, attacking or wounding by a domestic animal; b. Violations resulting in the destruction or loss of personal property; C. Second or subsequent violations; or d. Violations resulting in the issuance of a third or subsequent citation. (4) Persons required to appear in court do not have the option of paying the fine instead of appearing in court. (5) The director of public works shall maintain records to prove the number of citations issued to any one person. (b) Complaints of violations not observed. Upon receipt of an affidavit of complaint signed by one person under oath before an individual authorized to take acknowledgments, setting forth the nature and date of the act, the owner or keeper of the animal, the address of the owner or keeper, and a description of the animal, the animal control supervisor or a swom animal control officer or other law enforcement officer shall investigate the complaint to determine whether there is probable cause to believe a violation of this chapter has occurred. If probable cause exists, the animal control supervisor or a swom animal control officer shall commence prosecution of the offense pursuant to F.S. § 828.27(1) (f). (c) Punishment. Upon conviction, any person violating this chapter shall be punished as provided by law. Each day during which the violation continues shall be deemed a separate offense. (1) Civil infraction. Violations of any provision of this chapter shall constitute a civil infraction. The maximum civil penalty shall not exceed $500.00 per violation. (2) Court cost, surcharges and other special charges. Court costs, surcharges and other special charges shall be added by the clerk of the circuit court in the same manner and amounts as provided for class 1 noncriminal violations. (3) Uncontested citation; exceptions. If the party cited does not contest the citation, the penalty given shall be $100.00 except as follows: a. Violations of sections 4-68, 4-69, 4-70, 4-72. Violation by an owner or keeper of a dog or cat of section 4-68 governing abandonment, section 4-69 governing spaying and neutering, section 4-70 governing chaining and tethering, and section 4-72 governing cruelty to animals, constitutes a civil infraction for which the owner or keeper of the animal shall be issued a citation by an officer having probable cause to believe a person has committed an act in violation of those sections. If the citation is paid, the citation shall be subject to the followina Denaftles for each animal: First violation Warning Second violation Fine of $100.00 All subsequent violations Ffne of $250.00 b. Violators ineligible for pet redemption or adoption from a county animal shelter. 1, Second and subsequent violations of 4-68 and 4-70. Any person who has been cited for a violation of section 4-68 or 4-70 and who has not obtained a county court order dismissing the citation shall be ineligible to redeem or adopt any animal from a county animal shelter for a period of three years from the date of the citation. 2. Violations of section 4-72. A person convicted of a violation of F.S. § 828.12, or cited for a violation of section 4-72, which citation has not been dismissed or overruled by a court of law, shall not be permitted to adopt any animal from any county animal shelter until proof is provided that the person has undergone psychological counseling with regard to the violation or completed an anger management treatment program. Any plea of nolo contendere shall be considered a conviction for purposes of this subsection. C. Violation of litter registration requirement. For violation of the litter registration requirement, in addition to the $100.00 fine for a first offense and $250.00 fine for a second offense, the following additional penalty and waiver apply: 1. A $500.00 fine for the third and every subsequent offense; and 2. Waiver of the fine of $100.00 if resolution of the first offense includes the animal being spayed or neutered subsequent to giving birth to the litter. ... #A-1 1 -1---- iTTlr7,XT 11 Alnon,....-12rErrT!_1rnD f-T7AAW AVTIT ATIRNhtm1 M/15/7010 ARTICLE H. - ADMINISTRATION AND ENFORCEMENT Page 8 of 10 d. Violation of section 4-69(d). For violations of section 4-69(d), the owner shall be fined an additional $100.00 per offense unless the owner agrees to have the animal altered as provided in that subsection. (4) County surcharge. For each civil penalty imposed for violation of an ordinance relating to animal control or cruelty in this chapter, a surcharge of $5.00 shall be paid by the person charged to the county. The proceeds from such surcharges shall be used to pay the costs of training for animal control officers. (5) Contesting citation. Anyone who receives a citation under this section may, within ten days of the issuance of the citation, petition the county court for a hearing on the merits. A copy of the petition shall be filed with the animal control office from which the citation was issued. Filing of the petition with the court shall stay the requirement to pay the fine until the date of the hearing scheduled by the court. Failure to appear at the scheduled hearing shall subject the petitioner to the remedies set forth in this chapter. (6) Show cause order. If a person fails to pay the civil penalty, fails to appear in court to contest the citation, or fails to appear in court when required by a citation mandating court appearance, the court may issue an order to show cause upon the request of the governing body of the county. This order shall require such persons to appear before the court to explain why action on the citation has not been taken. If any person who is issued such order fails to appear in response to the court's directive, that person may be held in contempt of court. (d) Failure to sign citation. Any person willfully refusing to sign and accept a citation issued by an officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or F.S. § 775.083, or a fine not to exceed $500.00 in addition to the civil penalty. (e) Each act or omission, per animal, a separate offense. A violation of this chapter as to each animal in the care, custody or control of a person constitutes a separate offense, each separate offense being subject to the penalties provided in this chapter. In all situations where penalties are provided for any act or omission, they shall be held to apply to each and every act or omission. When any act or omission is of a continuing character, each and every day's continuance of the act or omission constitutes a separate offense and a presumption of continuing harm and violation of this chapter that may be separately charged and punished according to the provisions of this chapter. (f) Proof of charged infractions. The commission of a charged infraction at a hearing authorized pursuant to this chapter must be proven by a preponderance of the evidence. (Code 1979, § 3-24; Ord. No. 006-2006, § 1; Ord. No. 022-2006, § 7) Sec. 4-47. - Animals found in distress; when agent may take charge; hearing; disposition; sale. (a) The purpose of this section is to provide a means by which a neglected or mistreated animal can be: (1) Removed from its present custody; or (2) Made the subject of an order to provide care, issued to its owner by the county court, any law m enforcement officer, or any animal control officer, and given protection and an appropriate and g humane disposition made. (b) Any law enforcement officer or any animal control officer may: (1) Lawfully take custody of any animal found neglected or cruelly treated by removing the animal from its present location; or p (2) Order the owner of any animal found neglected or cruelly treated to provide certain care to the animal at the owner's expense without removal of the animal from its present location, and shall forthwith petition the county court judge wherein the animal is found for a hearing, to be set within 30 days after the date of seizure of the animal or issuance of the order to provide care and held not more than 15 days after the setting of such date, to determine whether the owner, if known, is able to provide adequately for the animal and is fit to have custody of the animal. The hearing shall be concluded and the court order entered thereon within 60 days after the date the hearing is commenced. No fee shall be charged for the filing of the petition. Nothing herein is intended to require court action for the taking into custody and making proper disposition of stray or abandoned animals as lawfully performed by animal control officers. (c) The officer or animal control officer taking charge of any animal pursuant to the provisions of this section shall have written notice served, at least five days prior to the hearing set forth in subsection (b) of this section, upon the owner of the animal, if he is known and is residing in the county where the animal was taken, in conformance with the provisions of F.S. ch. 48, relating to service of process. The sheriff of the county shall not charge a fee for service of such notice. If the owner of the animal is known but is residing outside of the county wherein the animal was taken, notice of the hearing shall be by publication in conformance with the provisions of F.S. ch. 49. (d) The officer or animal control officer taking charge of an animal as provided for in this section shall provide for the animal until either: (1) 0 11 90-1 . .. - -. - - -3_ --- /T T•T•X AT 11 A,%r%o n--.,-1'] 1TYPT!!1C7/11:) !•1T-TA A XT A T)TTT A T-%1 T*T 16+n l 1()/S/17n1 n ARTICLE II. - ADMINISTRATION AND ENFORCEMENT Page 9 of 10 The owner is adjudged by the court to be able to provide adequately for, and have custody of, the animal, in which case the animal shall be returned to the owner upon payment by the owner for the care and provision for the animal while in the agent's or officer's custody; or (2) The animal is turned over to the officer or animal control officer as provided in subsection (c) of this section and a humane disposition of the animal is made. (e) If the court determines that the owner is able to provide adequately for, and have custody of, the animal, the order shall provide that the animal in the possession of the officer or animal control officer be claimed and removed by the owner within seven days after the date of the order. M Upon the court's judgment that the owner of the animal is unable or unfit to adequately provide for the animal: (1) The court may order the animal to be sold by the sheriff at public auction, and shall provide in its order that the current owner shall have no further custody of the animal and that any animal not bid upon shall be remanded to the custody of the Society for the Prevention of Cruelty to Animals, the Humane Society, the county, or any agency or person the judge deems appropriate, to be disposed of as the agency or person sees fit; (2) The court may order the animal destroyed or remanded directly to the custody of the Society for the Prevention of Cruelty to Animals, the Humane Society, the county, or any agency or person the judge deems appropriate, to be disposed of as the agency or person sees fit, upon the testimony of the agent who took custody of the animal, or upon the testimony of other qualified witnesses, that the animal requires destruction or other disposition for humanitarian reasons or is of no commercial value; (3) Upon proof of costs incurred by the agent or officer, the court may require that the owner pay for the care of the animal while in the custody of the animal control officer; or (4) The court may order that other animals that are in the custody of the owner and that were not seized by the officer or agent be turned over to the officer or animal control officer, if the court determines that the owner is unable or unfit to adequately provide for the animals. The court may enjoin the owner's further possession or custody of other animals. (g) In determining the person's fitness to have custody of an animal under the provisions of this act, the court may consider, among other matters: (1) Testimony from the animal control officer or officer who seized the animal and other witnesses as to the condition of the animal when seized and as to the conditions under which the animal was kept; (2) Testimony and evidence as to the veterinary care provided to the animal; (3) Testimony and evidence as to the type and amount of care provided to the animal; (4) Expert testimony as to the community standards for proper and reasonable care of the same type of animal; (5) Testimony from any witnesses as to prior treatment or condition of this or other animals in the same custody; (6) The owner's past record of judgments under the provisions of this chapter; (7) Convictions under the statutes prohibiting cruelty to animals; or (8) Any other evidence the court considers to be material or relevant. (h) If the evidence indicates a lack of proper and reasonable care of the animal, the burden is on the owner to demonstrate by clear and convincing evidence that he is able and fit to have custody of and provide adequately for the animal. (1) In any case in which an animal is offered for auction under the provisions of this section, the proceeds shall be: (1) Applied, first, to the cost of the sale; (2) Applied, secondly, to the care and provision for the animal by the officer or animal control officer taking charge; (3) Applied, thirdly, to the payment of the owner for the sale of the animal; and (4) Paid over to the court if the owner is not known. p) If an animal shelter or other location is unavailable, a court may order the animal to be impounded on the property of its owner or possessor and shall order such person to provide all necessary care for the animal and to allow regular inspections of the animal by a person designated by the court. (k) If a veterinarian finds that an animal kept or used in violation of this section is suffering from an injury or a disease severe enough that it is not possible to humanely house and care for the animal pending completion of a hearing held under F.S. § 828.073(2), final disposition of the criminal charges, or court -ordered forfeiture, the veterinarian may euthanize the animal as specified in F.S. § 828.058. A veterinarian licensed to practice in this state shall be held harmless from criminal or civil liability for any decisions made or services rendered under this subsection. (1) If an animal can be housed in a humane manner, the provisions of F.S. § 828.073, shall apply. For the purpose of a hearing, any animal baited, bred, trained, transported, sold, owned, possessed, or used for the purpose of animal fighting or baiting shall be considered mistreated. Lu_./A:L_.... AT 11 A)nQ11o..-V2fD'PT1_T:7n1D ruA AM Ai? TTT A T11PN html 1n1rin)1n ARTICLE II. - ADMINISTRATION AND ENFORCEMENT Page 10 of 10 (m) In addition to other penalties prescribed by law, the court may issue an order prohibiting a person who is found in violation of this section from owning, possessing, keeping, harboring, or having custody or control over any animals within the species that are the subject of the conviction, or any animals kept for the purpose of fighting or baiting, for a period of time determined by the court. (n) This section shall not apply to: (1) Any person simulating a fight for the purpose of using the simulated fight as part of a motion picture that will be used on television or in a motion picture, provided that prohibitions against cruelty to animals are not violated; or (2) Any person using animals to pursue or take wildlife or to participate in any hunting regulated or subject to being regulated by the rules and regulations of the state. (o) This section shall not prohibit, impede, or otherwise interfere with recognized animal husbandry and training techniques or practices not otherwise specifically prohibited by law. (Code 1979, § 3-34; Ord. No. 006-2006, § 1) Secs. 4-48-4-63. - Reserved. t „ 01.1, ._....._____ __.J_ ..._WrrT'rlkXT 11n'Inone.,etZm'rTf-_T7n? ruA-AM AVTHAT11WMhtml 10/5/2010 Municode Page 1 of 11 Monroe Countv, Florida, Code of Ordinances >> PART I - GENERAL ORDINANCES >> Chapter 4 - ANIMALS >> ARTICLE III. - ANIMAL REGULATIONS >> ARTICLE III. - ANIMAL REGULATIONS Sec. 4-64. - vaccination of dogs. cats and ferrets. Sec. 4-65. - Licenses. Sec 4-66. -Kennel license required; license fee, Sec 4-,67 Animals at,iar_r�e prohibited; restraint fierce, dangerous, vicious animals: nuisances: confinem nt of female_,dog.4 and cats In heat curbing dohs. Sec. 4-68. -Abandonment of animals�d. Sec. 4-69. - Neuteon of dogs. cats, and rabbits. 4 70 gh ns�_and tetherin animals prohibited_. Sec 4 71 Luring, enticing seift moleitin r tee ino an animal. Sec 4 72, - Cruelty to animals. Sec, 4-7, Confagious dasea Sec 4.74. - Prohibition against fighting or baiting animals, Sec. 4.78, - Conhnemeng of fierce, danggr_ ouster vici uty s animals. Sec. 4-76. - Keeping wild animals and livestock. Sec, 4-77. - Number of does, cats. ferrets and birds allowed. eSa 4-78 Poison prohibited. Sec. 4-79. - Keeping of fowl or wildlife. Sec. 4-80. - Construction of provis�nS Bag. "ll Standards of animal care. Sec. 4-64. - Vaccination of dogs, cats, and ferrets. (a) Any resident person who owns or keeps a dog, cat, or ferret four months old or older shall cause the dog, cat, or ferret to be vaccinated effectively against rabies with a United States Department of Agriculture approved vaccine, by a licensed veterinarian. Evidence of vaccination shall consist of a rabies vaccination certificate signed by the veterinarian administering the vaccination and a county rabies vaccination tag attached to the animal's collar. The certificate shall contain: (1) A numerically serialized certificate; (2) The name, address, and phone number of the owner; (3) The date of vaccination; (4) The expiration date of the vaccination; (5) The species, age, sex, color, breed, weight, and name of the animal vaccinated; (6) The rabies vaccine manufacturer; (7) The vaccine lot number; (8) The type and brand of vaccine used; (9) The route of administration of the vaccine; and (10) The signature of the licensed veterinarian. (b) Upon production of a rabies vaccination certificate that meets the criteria listed in subsection (a) of this section, a rabies vaccination tag may be issued by any animal control supervisor or animal control officer for the animal designated in the rabies vaccination certificate. No vaccination tag issued by any other jurisdiction shall be valid in the county. (c) The rabies vaccination certificate and tag are issued for one animal and are only valid for the animal and are not transferable. (d) Vaccination is excused only if a veterinarian licensed to practice in any state has examined the animal and has certified in writing that a vaccination would be injurious to the animal's health because of its age, infirmity, disability, illness, or other medical considerations. The animal shall be kept in an enclosed building or kennel, and when outside of the enclosure shall be under the direct control of the owner, until the veterinarian can safely vaccinate the animal. (e) A dog, cat or ferret that is required to be inoculated and is not inoculated against rabies shall not be released from a county animal shelter or pound until provisions have been made to properly inoculate the animal. (f) Each ferret vaccinated according to this section must be quarantined, when necessary, according to the rules of the department of health. ____q-I:--,YT'% 1AnnO7_R/r1lMnrl-* 1/It/C inn In Municode Page 2 of 11 (g) An animal owner's name, street address, phone number, and animal tag number contained in a rabies vaccination certificate provided to the animal control authority is exempt from § 119.07(1) and § 24(a), art. I of the State Constitution. However, any person who has been bitten, scratched, or otherwise exposed to a zoonotic disease or the physician of such person; a veterinarian who is treating an animal that has been bitten, scratched, or otherwise exposed to a zoonotic disease; or the owner of an animal that has been bitten, scratched, or otherwise exposed to a zoonotic disease shall be provided with any information contained in a rabies vaccination certificate but only with respect to the particular animal biting, scratching, or otherwise causing exposure. Any person with an animal tag number may receive vaccination certificate information with regard to that animal. Law enforcement and prosecutorial agencies; other animal control authorities; emergency and medical response and disease control agencies; or other governmental health agencies shall be provided information contained in the rabies vaccination certificate for the purpose of controlling the transmission of rabies; however, the receiving agencies and authorities must not release the exempt information. (Code 1979, § 3-7, Ord. No. 006-2006, § 1) Sec. 4-65. - Licenses. (a) Any person who owns or keeps in the county a dog, cat or ferret six months of age or older shall cause the animal to be licensed upon establishing residency in the county or upon the animal reaching the age of six months. A license shall consist of a license certificate and a license tag for the animal's collar. License certificates and license tags may be issued only by the animal control supervisors and licensed veterinarians upon proof that the animal has been inoculated against rabies as required by law and shall be valid for the number of years that the rabies vaccination covers. No license certificate or license tag issued by any other jurisdiction shall be valid in the county. (b) An animal control supervisor shall keep a record of all dog, cat and ferret licenses and all kennel licenses issued during the year in his area of responsibility. Such records shall contain the name and address of the person to whom each license is issued. In the case of all individual licenses, the record shall also state the breed, sex, age, color and markings of the dog, cat or ferret; and in the case of a kennel license, it shall state the place where the business is conducted. (c) In all prosecutions for violation of this chapter, the records of the animal control supervisor, or the lack of such records, showing the name of the owner and the license number to which any license has been issued, and the license tag affixed to the collar or harness of the dog, cat or ferret showing a corresponding number shall be prima facie evidence of ownership or nonownership of any dog, cat or ferret and of issuance or nonissuance of a dog, cat or ferret license or tag. (d) Any nonresident who brings a dog, cat, or ferret six months of age or older into the county with intent to reside within the county permanently, or temporarily for a minimum of six months, shall obtain a license certificate and a license tag from the animal control supervisor or a licensed veterinarian within 30 days of arrival. The owner must prove ownership of the animal. (e) The animal control supervisor shall use license certificates and license tags that are of uniform design for use throughout the county, although the name, address, and phone number of the shelter from which the certificate and tag are issued may appear on the certificates and tags, and shall issue the license certificates and license tags to licensed veterinarians. The animal control supervisor shall promulgate reasonable rules and regulations for collection of license fees and shall account annually to the board for revenues received. M The board shall establish by resolution the fees to be charged for the license certificate and license tag, and shall provide for a discounted license fee for animals that have been implanted or tattooed with a means of permanent identification. (g) A county resident who owns a seeing -eye dog or a hearing dog, properly trained and actually being used to assist a blind person or a deaf person, respectively, may obtain from the animal control supervisor a license at no charge upon presentation of proof of such use. (h) By resolution, the board may provide additional regulations for license fees, exemptions from license tag requirements, methods of confinement, inspections, and other necessary administrative requirements. (i) The board may, by resolution, authorize veterinarians to retain a specified portion of the license fee for each license issued as reimbursement for the cost of issuing the license. Q) In the event a license tag is lost or destroyed, a replacement shall be issued by the animal control supervisor or licensed veterinarian upon presentation of the corresponding license certificate and payment of the appropriate fee. (k) It is unlawful for any person to remove the license tag of any licensed animal within the county except: (1) When the animal is participating in any organized exhibition, field trial or competition or is in training for these events, or is engaged in a legal sport under supervision of its owner or keeper, or is undergoing grooming; (2) When the dog is confined in a licensed kennel, grooming facility, veterinary hospital, or county pound facility, in which case the license tag number shall be recorded and readily identifiable with .0„ f _ _ ,-_.A*,_. ---- �_,.__.n,_, A'Ino a01-1fQV) fl; 1 n1rinn1 n Municode Page 3 of 11 the animal to which it belongs; if the animal is not licensed, the facility shall clearly indicate it on the facility's records; (3) When a licensed veterinarian orders in writing that the license tag and collar be removed for reasons of the animal's health, in which case the animal shall be confined within an enclosed building or kennel, or within a fenced area and under direct control of the owner, at all times until the veterinarian permits the collar and tags again to be placed on the animal; (4) When the animal is being voluntarily confined within an enclosed building or kennel; or (5) When the animal has been implanted or tattooed with a permanent means of identification. (1) An owner who does not affix a license tag and collar to a dog, cat or ferret, that has no permanent identification, assumes the risk that the animal control officer, in fulfilling his duties under this chapter, will regard the dog, cat or ferret as feral or abandoned and therefore subject to seizure and disposition in accordance with this chapter and state law. The owner of an animal with permanent identification that is registered to that owner shall be exempted from the fees for impoundment the first time that such animal is found at large and impounded by an animal control officer, if the rabies vaccination is also current. (m) Persons newly residing in the county shall comply with the licensing provisions of this section within 30 days of change of residence. (n) It is unlawful for any person to use or to possess a stolen, counterfeit or forged license certificate or license tag, vaccination certificate, inoculation deterrent form or other documentation required by or issued pursuant to this chapter. (o) It is unlawful for the owner or keeper of a dog to refuse to show upon demand by the animal control supervisor or an animal control officer the license certificate or license tag or other documents required by and issued pursuant to this chapter. (p) A dog, cat or ferret that is required to be licensed and that is not licensed shall not be released from a county pound until properly licensed. (q) No license or license tag issued for one dog, cat or ferret shall be transferable to another dog, cat or ferret. Whenever the ownership or possession of any dog, cat or ferret is permanently transferred from one person to another within the same county, the license of the dog, cat or ferret may be likewise transferred by the last registered owner upon proper notice in writing to the animal control supervisor who shall note the transfer upon his records. This chapter does not require the procurement of a new license, or the transfer of a license already secured, where the possession of the dog, cat or ferret is temporarily transferred for the purpose of boarding, hunting game, breeding, trial or show. (r) Any animal control supervisor and any animal control officer may refuse to issue to any person who has been convicted of any state or federal crimes related to animals a license for a dog, cat or ferret. (Code 1979, § 3-6; Ord. No. 006-2006, § 1; Ord. No. 022-2006, § 3) Sec. 4-66. - Kennel license required; license fee. (a) Each person, group, association, or corporation, other than a licensed veterinarian, engaged in the commercial business of buying, selling, breeding or boarding dogs or cats, who owns or keeps five or more dogs and/or cats in a kennel, shall obtain a kennel license from the county upon a showing of adequate space, staff and resources to provide humane care and treatment for the number of animals for which the kennel shall be licensed. License applicants shall be required to show that they are in compliance with all applicable federal and state regulations. The kennel license fee shall be as follows: Per annum for a capacity up to five J$250.00 Per annum for a caeacity of six to ten 1$15.00 Per annum for a cauacity over ten Iq1 -non-on (b) The board may, by resolution, provide discounted kennel license fees upon proof of such conditions as the board deems a justifiable reason for reducing the licensing fees. (c) No animal control supervisor or animal control officer shall issue a kennel license to any person who has, at any time, been convicted of animal cruelty, abuse or neglect, except upon a court order following a show cause hearing wherein the person seeking the kennel license has shown that he can and will run, keep and operate the kennel in a safe and humane fashion and in accordance with state laws and this chapter. (Code 1979, § 3-10, Ord. No. 006-2006, § 1) ISec. 4-67. - Animals at large prohibited; restraint of fierce, dangerous, vicious animals; nuisances; confinement of female dogs and cats in heat; curbing dogs. 1,ttn•//Iihrorcr ,,,, ;.... 4_ A�Ino 11..i1 nrrn ins I nie i%nI n Municode Page 4 of 11 (e) No owner or keeper of an animal other than a domestic cat shall willfully or negligently allow the animal to run at large on any public property or on any private property of another without permission of the property owner. Any animal under the close supervision of its owner or keeper or otherwise engaged in an organized animal exhibition, field trial, competition, legal sport or training for these activities, shall not be deemed to be an animal at large. It is unlawful for owners or keepers of a diseased animal, including a diseased cat, to allow the animal to run at large. (b) No owner or keeper of an animal declared by the animal control supervisor to be fierce, vicious or dangerous shall either willfully or negligently allow the animal to run at large or to fail to secure, restrain or confine the animal as ordered by the animal control supervisor or animal control officer pursuant to this chapter. (c) No animal owner or keeper shall permit, either willfully or negligently, the animal to be a nuisance. The owner or keeper of any animal for which the owner or keeper has been given notice that the animal constitutes a public nuisance shall take necessary precautions to abate the nuisance. At a minimum, the owner or keeper shall immediately confine the animal in such manner as is necessary to prevent the continuation of the nuisance. Within 14 days of receipt of notice that an animal constitutes a public nuisance, the owner or keeper shall permanently confine the animal, have the animal destroyed by euthanasia by a licensed veterinarian or remove the animal from the county, whichever may be necessary to the abatement of the nuisance. Failure to abate the nuisance as required herein shall be deemed the maintaining of a public nuisance in violation of this chapter. (d) No owner or keeper shall permit a female dog or cat in heat (estrus) to be upon the streets or in any public place. The owner or keeper of a female dog or cat in heat shall confine the animal so as to make it inaccessible to any male dog or cat except for controlled and intentional breeding purposes. Maintaining direct control or confinement within a fence, open kennel, open cage or run may be, but shall not be presumed to be, insufficient and not in compliance with this section, unless other measures have been instituted to prevent uncontrolled breeding. (e) The following regulations shall apply: (1) No dog owner or keeper shall allow an unleashed dog upon any school grounds. (2) No dog owner or keeper shall, either willfully or negligently, permit the dog to defecate upon any public property, except where designated by official signage, or on private property without the permission of the owner. A dog owner or keeper is required to remove the dog's feces from any public property or school grounds or any private property upon which the dog is not permitted to defecate. A person having custody or control of an animal on property other than his own shall be equipped to collect and shall collect such animal's solid waste when eliminated. (3) Except for animals that assist disabled persons, domestic animals are prohibited from all county parks and beaches unless permitted in this Code. No person may cause or allow any domestic animal (of whatever size) other than an animal that assists a disabled person to be brought to, or remain on, any county park or beach, with the exceptions of parks and beaches specified in subsection (e)(4) of this section. (4) Pets are permitted to be taken to Key Largo Park in Key Largo and Sombrero Beach Park in Marathon, subject to pet -friendly park restrictions specified in chapter 18. (5) Except for animals that assist disabled persons, and animals that play a work -related role, domestic animals are prohibited from all county facilities except where specifically allowed by other sections of this Code or by resolution of the board. (6) If this subsection (e) is violated, the department is authorized to remove the animal or, in its discretion, to order the owner or keeper to do so. (7) An owner or keeper of any animal shall immediately remove any excrement deposited by the animal on any property other than that of the owner, whether the animal is lawfully or unlawfully on the property. Failure to do so immediately shall constitute an additional violation of this section. (Code 1979, § 3-11; Ord. No. 006-2006, § 1) Sec. 4-68. - Abandonment of animals prohibited. (a) Keeping or abandoning an animal on private property. No person shall: (1) Impound or confine any animal in any place and fail to supply the animal during such confinement with a sufficient quantity of good and wholesome food and water; (2) Keep any animals in any enclosure without wholesome exercise and change of air; or (3) Abandon to die any animal that is maimed, sick, infirm, or diseased. (b) Abandoning an animal in a public place. No person who is the owner or possessor, or has charge or custody, of any animal shall abandon such animal to suffer injury or malnutrition or abandon any animal in a street, road, or public place. (Code 1979, § 3-12; Ord. No. 006-2006, § 1) 1kttrn4/M, ",IAnnOO-TTTI,m.-.--._..a..._, 1-u_R7'7_if/'1CM nC17 Inl&in^In Municode Page 5 of 11 Sec. 4-69. - Neutering of dogs, cats, and rabbits. (a) Required spay and neutering. No person in the county shall own, possess, or have control or custody of a dog, cat, or rabbit six months of age or older that is not spayed or neutered except for those animals for which an exemption license has been issued. (b) Licensed exemptions. Owners and keepers of dogs, cats and rabbits who do not want their animals spayed or neutered, regardless of the reason, shall obtain an annual license from their local county animal control office. The annual fee for this license shall be $35.00 per animal. (c) Spay, neuter or license for exemption required. No dog, cat, or rabbit that is six months of age or older shall be released by any county animal control officer to an owner or keeper unless the animal is spayed or neutered or licensed to be exempt from the spay/neuter requirement. A dog, cat or rabbit requiring spaying or neutering may be released to the veterinarian of the owner's choice to be spayed or neutered at the owner's expense. (d) Unaltered animal at large fines. If an animal that has not been spayed/neutered is picked up by animal control or brought into the shelter by any other person, there will be a fine that will be waived if the owner or assigned caregiver agrees to alter the animal prior to leaving the shelter and the animal shall not be released to the owner unless the owner allows the animal shelter to arrange for the animal to be spayed or neutered. If the owner desires to have the animal's regular veterinarian perform the procedure, the owner shall sign a contract with the animal control supervisor that the animal will be spayed/neutered and proof returned to the animal control supervisor of the spay/neuter being within 15 days of release of the animal to the owner. If the owner chooses to keep animal intact and has a license, there shall be a fine for each offense. (e) Registration of pregnant animals, fee. Prior to birth of a litter of dogs, cats, or rabbits, the owner of the pregnant animal shall register with the animal control supervisor in the area in which the owner is located information regarding the litter. The owner shall pay a county litter registration fee. Owners of animals having unregistered litters will be charged a fine that will be waived if the owner/caregiver agrees to have the litter and breeding mother altered. (Code 1979, § 3-13, Ord. No. 006-2006, § 1; Ord. No. 022-2006, § 4) Sec. 4-70. - Chaining and tethering animals prohibited. (a) Definitions. As used in this section: (1) "Owner' includes any owner, custodian, or other person in charge of a dog. (2) As used in this section, tether means to restrain a dog by tying the dog to any object or structure, including without limitation a house, tree, fence, post, garage, or shed, by any means, including without limitation a chain, rope, cord, leash, or running line. Tethering shall not include using a leash to walk a dog. (b) It shall be unlawful for a responsible party to tether a dog while outdoors, except when all of the following conditions are met: (1) The dog is in visual range of the responsible party, and the responsible party is located outside with the dog. (2) The tether is connected to the dog by a buckle -type collar or a body harness made of nylon or leather, not less than one inch in width. (3) The tether has the following properties: it is at least five times the length of the dog's body, as measured from the tip of the nose to the base of the tail; it terminates at both ends with a swivel; it does not weigh more than % of the dog's weight; and it is free of tangles. (4) The dog is tethered in such a manner as to prevent injury, strangulation, or entanglement. (5) The dog is not outside during a period of extreme weather, including without limitation extreme heat or near -freezing temperatures, thunderstorms, tornadoes, tropical storms, or hurricanes. (6) The dog has access to water, shelter, and dry ground. (7) The dog is at least six months of age. Puppies shall not be tethered. (8) The dog is not sick or injured. (9) Pulley, running line, or trolley systems are at least 15 feet in length and are less than seven feet above the ground. (10) If there are multiple dogs, each dog is tethered separately. (c) An exception can be made when the animal is left unaccompanied in a public location for a period not to exceed 15 minutes. (d) For a first-time violation, the department shall issue a warning notice to the responsible party and shall wait at least 30 days before taking any further enforcement action against the responsible party. Thereafter, each violation of this section shall be subject to enforcement in accordance with section 4-46 of this chapter. 16tt.1-/n111T-]ri) mt.etti A- ..-.TT%- 1 A'1A0 0_TTT1 NY% - I-, —I m rm --• .--........ Municode Page 6 of 11 (Ord. No. 027-2009, § 1) Editor's note— Ord. No. 027-2009, § 3, adopted July 15, 2009, repealed the former § 4-70, and enacted a new section as set out herein. The former section pertained to similar subject matter and derived from Code 1979, § 3-14; Ord. No. 006-2006, § 1; Ord. No. 022-2006, § 4. Sec. 4-71. - Luring, enticing, seizing, molesting or teasing an animal. No person shall entice or lure any animal out of an enclosure or off the property of its owner or keeper, or seize, molest or tease any animal while the animal is held or controlled by its owner or keeper or while the animal is on the property of its owner or keeper. (Code 1979, § 3-15; Ord. No. 006.2006, § 1) Sec. 4-72. - Cruelty to animals. (a) No person shall unnecessarily overload, overdrive, torment, deprive of necessary sustenance or shelter, or unnecessarily mutilate or kill any animal, or cause the same to be done, or carry in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner. (b) No person shall intentionally commit an act to any animal that results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or cause the same to be done. (c) A veterinarian licensed to practice in the state shall not be cited under the provisions of this section for any decisions made or services rendered to provide care or treatment to a sick or injured animal. (Code 1979, § 3-16, Ord. No. 006-2006, § 1) Sec. 4-73. - Contagious diseases. (a) No person, being the owner, or having the charge of any animal, knowing the same to have any contagious or infectious disease, or to have been recently exposed thereto, shall sell, barter, or dispose Of such animal without first disclosing to the person to whom the same is sold, bartered, or disposed of, that such animal is so diseased, or has been exposed, as aforesaid. (b) No person, being the owner, or having the charge of any animal, knowing the same to have any contagious or infectious disease, or to have been recently exposed thereto, shall knowingly permit such animal to come into contact with any such animal of another person without his knowledge or permission. (Code 1979, § 3-17; Ord. No. 006-2006, § 1) Sec. 4-74. - Prohibition against fighting or baiting animals. (a) No person shall knowingly commit any of the following acts: (1) Baiting, breeding, training, transporting, selling, owning, possessing, or using any wild or domestic animal for the purpose of animal fighting or baiting; (2) Owning, possessing, or selling equipment for use in any activity described in subsection (a)(1) of this section; (3) Owning, leasing, managing, operating, or having control of any property kept or used for any activity described in subsection (a)(1) or (a)(2) of this section; (4) Promoting, staging, advertising, or charging any admission fee to a fight or baiting between two or more animals; (5) Performing any service or act to facilitate animal fighting or baiting, including, but not limited to, providing security, refereeing, or handling or transporting animals or being a stakeholder of any money wagered on animal fighting or baiting; (6) Removing or facilitating the removal of any animal impounded under this section from an agency where the animal is impounded or from a location designated by the court without the prior authorization of the court; (7) Betting or wagering any money or other valuable consideration on the fighting or baiting of animals; or (8) Attending the fighting or baiting of animals. 1,++. //la.«.............,. —A— /«..:«♦----.n..l.-TT-* 1A'fAOO_TTTIRT]______a 1L--M-f_MnZIWI%C1! Initinn1n Municode Page 7 of 11 (b) Notwithstanding any provision of this section to the contrary, possession of the animal alone does not constitute a violation of this section. (c) If a court shall order the county or animal control supervisor seizure of any animals and equipment used in committing a violation of this section or of F.S. § 828.122, the animal supervisor in the geographic area affected shall take such action as is necessary to provide for appropriate and humane care or disposition of the animals. If a veterinarian finds that an animal kept or used in violation of this section is suffering from an injury or a disease severe enough that it is not possible to humanely house and care for the animal pending completion of a hearing held under F.S. § 828.073(2), final disposition of the criminal charges, or court -ordered forfeiture, the veterinarian may euthanize the animal as specified in state statutes. (d) No person who is convicted of a violation of this section shall be permitted to adopt from a county animal shelter any animals within the species that are the subject of the conviction, or any animals kept for the purpose of fighting or baiting. (e) This section shall not apply to: (1) Any person simulating a fight for the purpose of using the simulated fight as part of a motion picture that will be used on television or in a motion picture, provided that no state statute or county ordinance is violated; (2) Any person using animals to pursue or take wildlife or to participate in any hunting regulated or subject to being regulated by the rules and regulations of the state; or (3) Any person using animals to work livestock for agricultural purposes. (f) This section shall not prohibit, impede, or otherwise interfere with recognized animal husbandry and training techniques or practices not otherwise specifically prohibited by law. (Code 1979, § 3-18; Ord. No. 00&2006, § 1) State law reference— Cruelty to animals, F.S. § 828.122. Sec. 4-75. - Confinement of fierce, dangerous or vicious animals. (a) Upon complaint, the animal control supervisor shall investigate whether an animal is fierce, dangerous or vicious. If the animal control supervisor finds that such animal is a fierce, dangerous or vicious animal, he shall notify the owner or keeper in writing, stating all the facts known to him, and shall order the owner or keeper to confine the animal to a substantial enclosure, or otherwise to control it in a reasonable manner specified by the animal control supervisor. The animal control supervisor shall require, at a minimum that: (1) No fierce, dangerous or vicious animal may be kept on an unenclosed porch, patio or in any part of a house or structure that would allow the animal to exit such building or enclosure on its own volition, nor shall such animal be kept in a house or structure where window screens or screen doors are the only obstacle preventing the animal from exiting the structure; and (2) All owners, keepers or harborers of fierce, dangerous or vicious animals shall display in a prominent place on their premises a sign, easily readable by the public from adjoining public roads or streets, using such words as "Beware of Dangerous Animal° or other appropriate warning language, along with a similar sign that shall be posted on the kennel or pen of such animal. (b) No owner or keeper shall permit an animal deemed fierce, vicious or dangerous, to be in noncompliance with the animal control supervisor's written order or any requirement of this section. Failure to comply constitutes a violation of this chapter and subjects the owner or keeper to the penalties of this chapter and subjects the animal to seizure as provided in this chapter. (c) Any owner, keeper or harborer of fierce, dangerous or vicious animals, within ten days of the effective date of the ordinance from which this chapter is derived or of notice by an animal control supervisor that an animal in his control or possession is deemed fierce, vicious or dangerous, shall provide proof to the animal control supervisor and to any person claiming to have been injured by the animal that the owner has notified in writing, proof of service required, the insurer of the premises where the animal is kept. (d) All owners, keepers or harborers of fierce, vicious or dangerous animals, within ten days of the effective date of the ordinance from which this chapter is derived or of notice by an animal control supervisor that an animal in his control or possession is deemed fierce, vicious or dangerous, shall provide the animal control supervisor with two color photographs of the registered animal clearly showing the color and approximate size of the animal. (e) All owners, keepers or harborers of fierce, vicious or dangerous animals must, within three days of the following incidents, report the following in writing to an animal control supervisor: (1) The removal from the county or death of a fierce, vicious or dangerous animal; (2) The birth of offspring of a fierce, vicious or dangerous animal; (3) htt..•//1;1...,.,.—,,-..-A-.,--/--:-4-.e0-1:..-.YT'%-1Anf%O0_TTTld7]____ 1La_M'f_fT1'%ZfWn11! -1n1&11%nIn Municode Page 8 of 11 The new address of a fierce, vicious or dangerous animal if the owner moves within the county limits; and (4) The animal is on the loose, has been stolen or has attacked a person. M A dog that bites any person or domestic animal may be quarantined, as provided by F.S. § 767.13, or section 4-44. No dog may bite or attack a person or an animal, and may be determined to be dangerous or vicious unless the bite or attack occurs in circumstances that exempt an animal from the definitions of dangerous or vicious under this chapter. (Code 1979, § 3-19, Ord. No. 006-2006, § 1) Sec. 4-76. - Keeping wild animals and livestock. (a) Zoning. No livestock, such as cows, goats, sheep or pigs, barnyard animals such as chickens, ducks, rabbits or geese, shall be kept either penned or loose in any zone where not otherwise permitted in the county. Animals considered wild shall not be kept in any residential zone in the county. (b) Wild animals. (1) No person, partnership or corporation shall possess or harbor any wild animal. This prohibition does not apply to zoological parks, properly licensed transient animal exhibitions, circuses, or licensed veterinarians or DNRDEP-licensed caregivers to wild animals. (2) Anyone in possession of a wild, or exotic animal, as defined and regulated by federal or state statutes, or a crossbreed of a wild or exotic animal with a domestic animal, shall meet the following requirements to keep the animal: a. Obtain and keep current a permit from the state for the keeping, possessing or exhibiting of a wild or exotic animal; b. Comply with zoning restrictions for the keeping or possessing of a wild or exotic animal; and C. Restrain the animal adequately so as to protect the public from any harm. (c) Hearing and disposition. When an animal control officer has reason to believe that an individual possesses an unpermitted wild or exotic animal, the officer shall submit a report to the office of the county attorney. The county attorney shall decide whether to petition the court for a show cause hearing to determine the animal's status as a wild or exotic animal. If an animal is determined to be wild or exotic by the court, the individual possessing the animal shall immediately comply with the restraint requirements set forth in this chapter. At any time following the judge's decision, if an animal control officer believes any wild or exotic animal has not been adequately restrained, the animal may be immediately taken into custody and held in a safe and humane manner until the owner can demonstrate compliance. Any individual whose animal has been so held by the animal control officer shall be responsible for the costs incurred as a result of failure to comply with this chapter. (d) Compliance period, citation. Any person possessing a wild or exotic animal shall have 14 calendar days following the courts decision to fully comply with this chapter. After 14 calendar days, if that person has not so complied, an animal control officer shall issue that person a citation for violating this chapter. The citation shall require an appearance before a judge and may result in the court -ordered destruction of the wild or exotic animal, or other disposition, at the cost of the owner. (Code 1979, § 3-20, Ord. No. 006-2006, § 1; Ord. No. 022-2006, § 6) Sec. 4-77. - Number of dogs, cats, ferrets and birds allowed. (a) The number of dogs, cats, and ferrets is not restricted so long as animals are properly licensed, vaccinated, housed and cared for, do not cause a nuisance, and other housing or association rules are complied with. (b) Any number of birds may be kept so long as they are adequately and humanely cared for, their noise does not reasonably intrude into the domain of other persons, and their keeping does not create any threat to the health and safety of the public due to unsanitary conditions. (Code 1979, § 3-28, Ord. No. 006-2006, § 1; Ord. No. 022-2006, § 9) Sec. 4-78. - Poison prohibited. No person shall leave or deposit any poison or any substance containing poison, in any common street, alley, lane, or thoroughfare of any kind, or in any yard or enclosure other than the yard or enclosure occupied or owned by such person. htt..•/n:i,..,.., -_—A- Anno I) nrrn nns I nieinnl n Municode Page 9 of 11 (Code 1979, § 3-29; Ord. No. 006-2006, § 1) Sec. 4-79. - Keeping of fowl or wildlife. (a) The county shall accept for purposes of disposal or relocation only raccoons and such other wild animals as designated by the board in a resolution. If not provided by ordinance or resolution, the county shall have no responsibility to seize, impound or care for any nondomesticated fowl or wildlife. (b) An animal control supervisor or animal control agent may issue a citation to anyone who keeps any nondomesticated fowl or wildlife in a manner so as to constitute a hazard to the health or safety of the public or to constitute a public nuisance. Failure of the owner or keeper to abate the nuisance shall be subject to the public nuisance laws of this chapter. (Code 1979, § 3-30; Ord. No. 006-2006, § 1) Sec. 4-80. - Construction of provisions. The provisions of this chapter shall be liberally construed in order to effect the purposes of this chapter. (Code 1979, § 3-36; Ord. No. 006-2006, § 1) Sec. 4-81. - Standards of animal care. (a) Applicability. This section applies to all persons who are owners, care for, or are custodians of animals, whether as individual persons or as any other legal entity. Any person who allows an animal habitually to remain and be lodged within his house, store, building, enclosure or premises shall be considered an owner for purposes of this chapter. These standards of care are supplementary to, and do not diminish or negate any other requirements or prohibitions of this chapter. (b) Wholesome food and water. Every owner or caregiver of an animal shall provide the animal with sufficient good and wholesome food and water, the minimum standards of which are as follows: (1) Sufficient food. Provisions not exceeding 24 hours of a quantity of wholesome foodstuff suitable for the animal's specific species and age and that maintains a reasonable level of nutrition. (2) Sufficient water. Constant access to a supply of clean, fresh potable water provided at intervals not to exceed 24 hours. (c) Clean, sanitary and unconfined care. Every owner or caregiver of animals shall keep all animals in a clean, sanitary and healthy manner and not confined so as to be forced to stand, sit or lie in their own excrement. (d) Shelter. Every owner or caregiver of animals shall provide all animals with a shelter that shall be a structure that is ventilated and protected from excessive heat and cold and of sufficient size to permit the animals to exercise and move about freely. (e) Veterinary care. The owner or caregiver of a diseased or injured animal shall provide the animal with appropriate veterinary care and shall segregate the diseased animal from other animals if necessary to prevent transmittal of disease. (f) Striking an animal with a motor vehicle. Any operator of a motor vehicle who strikes a dog, cat or other animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal control shelter in the area, sheriff's office or police department, or the animal's owner. In the event the owner cannot be ascertained, the operator shall immediately report the accident to the appropriate law enforcement agency or local animal protection shelter. (g) Exposure to poisonous substances. No person shall expose any known poisonous substance, whether mixed with food or not, so that the poisonous substance may be eaten by any animal, provided that it shall not be unlawful for a person to expose on his property common rat poison mixed only with vegetable substances. (h) Cropping, docking, spaying or neutering restricted. No person, except a licensed veterinarian, shall crop an animal's ears or dock an animal's tail, or spay or neuter an animal. (1) Animals shall be disposed of in a humane manner. Under no circumstances shall an animal be killed by the animal control officer or a police officer when away from the animal control shelter, except in emergency cases or when medical help for an injured or suffering animal cannot be obtained within a reasonable period of time. (j) Housing conditions for multianimal housing. (1) U44-../Aa.«.....-.......:.....3---- /__:—a1Annoo..TTm1km,......- 1«,ron. ^rmnn• .nitin^4^ Municode Page 10 of 11 Housing facilities for animals shall be structurally sound and shall be maintained in good repair, to protect the animals from illness or injury, to contain the animals, and to restrict the entrance of other animals. (2) Every building or enclosure where animals are maintained shall be constructed of material that can be easily cleaned and shall be kept in a clean and sanitary condition. The building shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical needs of the animals, with sufficient light to allow observation of animals and sanitation. (3) All animal rooms, cages, kennels, and runs shall be of sufficient size to provide all animals with adequate room for exercise and general proper accommodations. (4) All animal rooms, cages, kennels, and runs shall provide all animals with proper shelter and protection from the weather at all times, including, but not limited to, a minimum of a roofed, three - sided structure of suitable size. All animals must be provided with an area protected from the elements so as to provide a dry, clean, and shaded area for the animals to rest. (5) No person shall fail to provide an animal with adequate shelter any time an animal is confined in such a manner that it is unable to seek shelter, regardless of the length of time the animal is out in the weather. (k) Unattended animals. No animal shall be left without proper attention and care for more than 24 consecutive hours. Whenever an animal is left unattended at a commercial animal facility, the name, address and telephone number of the responsible person shall be posted in a conspicuous place at the front of the property, and: (1) No condition shall be maintained or permitted that is or could be injurious to the animal; (2) All reasonable precautions shall be taken to protect the public from the animal and the animal from the public; and (3) No person shall give an animal any alcoholic beverage or prescription drug, unless prescribed by a veterinarian. (1) Quartering of incompatible animals. No person shall allow animals that are natural enemies, temperamentally unsuited, or otherwise incompatible, to be quartered together or so near each other as to cause injury, fear or torment. If two or more animals are so trained that they can be placed together and do not attack each other or perform or attempt any hostile act to each other, the animals shall be deemed not to be natural enemies. (m) Rest periods and proper exercise. Working animals shall be given adequate rest periods. Confined or restrained animals shall be given exercise proper for the individual animal under the particular conditions. (n) Use of unf/t animals. No person shall work, use, or rent any animal that is malnourished, undernourished, overheated, weakened, exhausted, sick, injured, diseased, lame, or otherwise unfit. This shall mean that if an animal is not shod, it must be provided with footing (i.e., grass, hay, wood shavings or dirt). At a minimum, working animals shall be given 20 minute breaks every hour, with water and shade provided. No animal shall be used if it appears to be lame or in distress. (o) Suspension of animal by animal control shelter. No person shall allow any animal that any county animal control shelter has suspended from use, to be worked or used until released by the county animal control shelter. (p) Containment of animals in heat. No person having a female domestic animal or pet in heat shall permit the animal to be contained in such a fashion that stray animals have access to her, or that permits the animal to escape. (q) Restraint of animals off owner's premises. No owner shall permit a dog or cat to leave the owner's premises unless such animal is under direct control of the owner or is wearing a leash of sufficient strength to restrain the particular animal and is under the positive control of a person of suitable age and discretion. (r) Animals as gifts. (1) No person shall offer as a prize or give away any live animal/fowl in any contest, raffle, promotional event, lottery, or as enticement for fund raising, or for entry into any place of business. (2) No person shall sell, or offer for sale, barter or give away as pets or novelties rabbits two months old or younger, or baby chicks except for the display or sale of natural chicks or ducklings in proper brooder facilities by hatcheries or stores engaged in the business of selling chicks or ducklings to be raised for commercial purposes. (3) No person shall give away any live animal, fish, reptile, or bird as a prize for, or as an inducement to enter, any contest, game or other competition, or as an inducement to enter a place of amusement. No person shall offer any live animal, fish, reptile, or bird as an incentive to enter into any business agreement where the offer is made for the purpose of attracting trade. (4) No person shall dye, artificially color, spray or paint any live bird or fowl or other animal, or to sell, offer for sale, or otherwise dispose of any colored bird, fowl or other animal. (s) Animals in motor vehicles. ht+.../n:1...............—.,.,.,7.. ...�.,.,./ ---• ^^---n_l.I A.1nn 0.. YYTXl , 1'. ron .,, ..rm .. �•.• ... .�...... .. Municode Page 11 of 11 (1) No person shall transport or carry any dog or other animal in a motor vehicle unless the animal is safely enclosed within the vehicle. If a person is transporting or carrying an animal in an unenclosed or partially enclosed vehicle including, but not limited to, convertibles, pick-up and flat -bed trucks, the person shall confine the animal in a container, case, or other device that is of proper and adequate size to prevent the animal from falling from or jumping from the motor vehicle. (2) No person shall leave any animal in any standing or parked vehicle in such a way as to endanger the animal's health, safety or welfare. An animal control officer, a law enforcement officer and their agents are authorized to use reasonable force to remove an animal from any vehicle whenever it appears that the animal's health, safety, or welfare is, or may be, endangered. (3) No person shall permit an animal to be within or on a motor vehicle at any location under such conditions as may endanger the health or well being of the animal, including, but not limited to dangerous temperatures, lack of air, food, water or proper care. (4) No person shall carry or cause to be carried in or upon any vehicle or otherwise, any live animals having the feet or legs tied together or in any other cruel or inhumane manner or without providing suitable and humane facilities including racks, crates or cages in which such animal may stand up or lie down during transportation or while awaiting slaughter or sale. M Dangerous animal and vicious animal care. Every dangerous animal and vicious animal shall be confined by its owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner. (u) Ferret owners' responsibilities. (1) A person who owns or harbors a ferret that has bitten, scratched, caused abrasions or contaminated with saliva or other infectious material an open wound or mucous membrane of a human being shall report the incident within 48 hours to the county health department. (2) A person who owns or harbors a ferret that has potentially exposed a person or other animal to rabies by biting, scratching, causing abrasions or contaminating open wounds or mucous membranes with saliva or other infectious material, shall handle the ferret in accordance with current published guidelines of the centers of disease control and prevention and state law. (3) No person owning, possessing or having charge of any ferret shall permit a ferret to leave the owner's property unless the ferret is confined or leashed and under the direct control of the owner or a responsible person designated by the owner. (4) No person shall release a ferret into the wild or abandon a ferret. (v) Dead animals. It shall be unlawful for an owner or caregiver, or person possessing an animal to do any of the following: (1) To put any dead animal or part of the carcass of any dead animal, into any body of water, road, street, alley, lane, or other public property; or (2) To allow the carcass of a dead animal to be left unattended and not properly disposed of for more than 72 hours after the death of the animal. (Code 1979, § 3-35, Ord. No. 006-2006, § 1) h"n•//I1 rarl7 n....o )-I:-4.YT'%-1 Anf%O O_TTTl MT% _ _... .. ,. _.. 1_., — n m -- -ram . - I-— - BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20.2010 Division:. Growth Management Bulk Item: Yes _ No X Department: Planning and Env_. Resources Staff Contact/Phone #: Tiffany Stankiewicz 289-2513 Michael Roberts 289-2502 AGENDA ITEM WORDING: A public hearing to consider a request for Administrative Relief for Jack Derovanesian on Lot 15, Whispering Pines, Big Pine, Real Estate Number 00285660.000000. ITEM BACKGROUND: A building permit was applied for on 10/7/2010 and a ROGO application was applied for on 1/13/2006. The applicant applied for administrative relief on 5/27/2010 and is within the allowable time frame to be eligible for administrative relief under Section 138-27 of the Monroe County Code. Staff recommends that administrative relief be awarded in the form of a purchase offer by the Monroe County Land Authority. The property is in Tier 1 (`H' = 0.0024) and is not on the list for re -consideration of a tier designation. The property is on the FEMA Injunction List. As of Quarter 3 Year 18 this application's market rate ranking was #43 out of 46 applications in the Big Pine/No Name Keys subarea. If the owner does not accept the offer provided by the Land Authority, the property remains in ROGO. The application will continue to earn perseverance points pursuant to the vesting provision for applications in the ROGO system prior to the effective date of Ordinance 09-2006. After the application has been in ROGO 5 years, it will begin earning 2 perseverance points per year for each year thereafter that the application remains in the ROGO system. The applicant may amend the ROGO application to increase points through land dedication or purchasing points. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval in the form of a purchase offer by the Monroe County Land Authority. TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes N/A No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Tiffany Stankiewicz, Development Administrator �3 Michael Roberts, CEP; PWS, Sr. Administrator E ironmental Resour Through: Townsley Schwab, Director of Planning &Environmental Resources Date: September 22, 2010 Subject: Request for Administrative Relief for Derovanesian Lot 15, Whispering Pines, Big Pine, Real Estate No. 00285660.000000 1 2 I. BACKGROUND 3 4 The applicant is eligible for Administrative Relief, has complied with all requirements of the 5 dwelling unit allocation system, has been considered in the first sixteen consecutive quarterly 6 allocations and has not received an allocation award. 7 8 Date Entered ROGO: 1/13/2006 9 10 Date Entered Administrative Relief. 5/27/2010 11 12 Tier Score: 4 13 Tier 1: 0 14 Perseverance: 4 15 16 This application was ranked #43 in Quarter 3 Year 18. 17 18 II. CURRENT CONDITIONS 19 20 Location: Lot 15, Whispering Pines, Big Pine, Real Estate No. 00285660.000000 21 22 Owner: Jack Derovanesian Applicant/Agent: N/A 23 24 Land Use Distract: Improved Subdivision (IS) FLU : Residential Medium (RM) 25 26 Tier:1 27 28 Property is on the FEA Injunction list and has not been removed. 29 Page I of 3 Reviewed by 05105438 1 2010: Total Assessed Value: $28,280 Purchase Price in 9/1/1981: $35,000 2 3 Additional Relevant Information: 4 The property is located in Tier 1. The parcel is bounded on the north by a canal, on the east and 5 west by developed lots with single family residences, and on the south by Winifred Street. The 6 acreage parcels to the south are mostly undeveloped State-owned conservation lands with 7 pinelands and hammock, with the exception of a single-family residence located southeast of the 8 subject parcel. The parcel is within the U.S. Fish and Wildlife Service (FWS) proposed Focus 9 Area for the Eastern Indigo Snake, Key Deer, Silver Rice Rat and Tree Snails. In addition, the 10 property is within the Marsh Rabbit buffer area for Big Pine Key. The `H' value of the parcel is 11 0.0024. 12 13 The unimproved site is densely vegetated with the invasive exotic species Brazilian Pepper 14 covering approximately forty percent (40%) of the site. The remainder of the site is vegetated 15 with native tropical hardwoods, including a number of listed species, including but not limited to 16 Mahogany, Buttonwood, Iron Wood, Gumbo Limbo, Thatch Palms and Silver Palms. 17 18 Additionally, Big Pine/No Name Key is limited to ten (10) allocations over a twenty year period 19 or H =.022 whichever is lower. Two Tier 1 allocations have been made on Big Pine Key. 20 21 III. LEGAL ELIGIBILITY AND OPTIONS 22 23 Eligibility for Administrative Relief Options: 24 Section 138-27 of the Monroe County Land Development Regulations and Policy 101.6.1 of the 25 2010 Comprehensive Plan provides a mechanism whereby an applicant who has not received an 26 allocation award in the ROGO system may apply to the Board of County Commissioners for 27 Administrative Relief. The applicant is eligible for Administrative Relief having complied with 28 all requirements of the dwelling unit allocation system and having been considered in at least the 29 first sixteen consecutive quarterly allocation periods, and not having received an allocation 30 award. The application was timely submitted for administrative relief in the form of one (1) 31 ROGO allocation award and the applicant has not expressed a desire to sell the property to the 32 County. 33 34 Relief Options under Administrative Relief: 35 The remedies available to the Board of County Commissioners for Administrative Relief 36 pursuant to Section 138-27 include: 37 38 a. Offer to purchase the property at its fair market value as its preferred action if the 39 property is located within: a) a designated Tier I area; b) a designated Tier II area 40 (Big Pine Key and No Name Key); c) a designated Tier III -A area (Special 41 Protection Area); or d) a designated Tier III area on a non -waterfront lot suitable 42 for affordable housing. 43 b. Grant the applicant an allocation award for all or a number of dwelling units 44 requested in the next succeeding quarterly allocation period or extended pro rata Page 2 of 3 Reviewed by 05105438 I over several succeeding quarterly allocation periods as the preferred action for 2 buildable properties not meeting any of the criteria in (1) above. 3 c. Suggest or provide such other relief as may be necessary and appropriate. 4 S In the event purchase is recommended and the owner refuses the purchase offer, the 6 applicant may remain in the ROGO System and continue earning perseverance points 7 according to Monroe County Code Section 138-28. 8 9 IV. RECOMMENDATION 10 11 It is recommended that the Board of County Commissioners find that the applicant has met the 12 criteria and qualifies for Administrative Relief. It is further recommended that a Resolution be 13 adopted that establishes this relief by an offer to purchase by the Monroe County Land 14 Authority. 15 16 Page 3 of 3 Reviewed by 05105438 RESOLUTION NO. —2010 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST FOR ADMINISTRATIVE RELIEF MADE BY JACK DEROVANESIAN ON PROPERTY DESCRIBED AS LOT 15, WHISPERING PINES, BIG PINE, RE # 00285660.000000 IN THE FORM OF A PURCHASE OFFER FROM THE MONROE COUNTY LAND AUTHORITY. WHEREAS, Jack Derovanesian submitted an application for administrative relief under Sec. 138-27 of the Monroe County Land Development Regulations; and WHEREAS, the Monroe County Board of County Commissioners makes the following findings of fact and conclusions of law: The application for administrative relief from Jack Derovanesian is for Lot 15, Whispering Pines, Big Pine in Monroe County, Florida having RE# 00285660.000000. 2. The date of the ROGO application is 1/13/2006. 3. The ROGO allocation application has been in the ROGO system for at least four (4) consecutive years and qualifies for administrative relief under Policy 101.6.1 of the Monroe County Year 2010 Comprehensive Plan. 4. Monroe County Code (MCC) Section 138-27 provides a mechanism whereby an applicant who has not received an allocation award in ROGO may apply to the Board of County Commissioners for administrative relief. 5. The Board of County Commissioners (BOCC) has the authority to grant administrative relief under Section 138-27(f) and may grant the applicant a building allocation, offer to purchase the property at fair market value, or provide such other relief as may be necessary and appropriate. 6. The applicant applied for administrative relief on 5/27/2010, under Section 138-27 of the MCC and Policy 101.6.1 of the 2010 Comprehensive Plan. 7. Policy 101.6.5 of the 2010 Comprehensive Plan provides criteria to be used for determining lands that are appropriate for acquisition and the criteria includes the environmental sensitivity of the vegetative habitat on the lot and the applicable Tier designation. ADMINMRATivE RELIEF RESOLUTION Page 1 of 2 00285660.000000 05105438 8. The subject property has the land use district designation of Improved Subdivision (IS), is located in the Whispering Pines Subdivision and is Iocated in a Tier 1 designated area and is also within the Florida Forever acquisition boundary. 9. Monroe County Code (MCC) Section 138-27(f) states the Board may offer to purchase property at its fair market value as the preferred action for property Iocated within Tier 1. 1 I: 1 1 1 r 1 1 1 1 U Q15 C410VIII1 9J a 117, Administrative relief is granted to Jack Derovanesian, for Lot 15, Whispering Pines Subdivision, Big Pine in the form of a purchase offer by the Monroe County Land Authority. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 20th day of October, 2010. Mayor Sylvia J. Murphy Mayor Pro Tern, Heather Carruthers Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor Sylvia J. Murphy (SEAL) VA F ADMINIMATIVE RELIEF RESOLUTION RE# 00285660.000000 05105438 Page 2 of 2 Land Lke DesigmUc nn r • -r En This map is for use by the Monroe County Gmwth Management Division only. The data oontained herein is not a legal repasentation of boundaries, paroals roads right of Ways or other geographical data. vroprw by Job vdrl. Emin CFA A. ° office (305) 292-3420 PropeHy Appraiser fax (305) 292-3501 Monroe County, Florida Ownership Details Mailing Add DEROVANESIAN JACK 6370 OLD MAHOGANY CT NAPL S, FL 34109 Property Details PC Code: 00 - VACANT RESIDENTIAL illage Group: 100H Affordable Housing: No Section-T ship- 23-66-29 Range: Property Location: VACANT LAND BIG PINE KEY Subdivision: WHISPERING PINES Legal Description: BK LT 15 WHISPERING PINES PB4-37 BIG PINE KEY OR457-136 OR719-807 OR839-1715 OR874- 715CGC Parcel Map f1l= Land Use Code Frontage Depth Land Area MI OC - RESIDENTIAL CANAL 100 175 17,500.00 SF Misc Improvement Details _�br_ Type 0 Units Length Width -Yea fit Roll Year Grade We http://www.mcpafl.org/PropSearch.aspx 9/20/2010 P-roperry Search -- Monroe County Property AppraisGo 1 Cl 2:CH LINK FENCE 400 SF 4 m.�., 1001984 1985 1 ®Ve 30 HistoryParcel Value Certified Roll. Values. k Roll Year Total Bldg Value Total Misc Improvement Value Total Land Value Total Just (Market) Value Total Assessed Value School Exempt Value School Taxable Value 2010 0 280 28,000 28,280 28,280 0 28,280 2009 0 280 52,500 52,780 52,780 0 52,780 2008 0 280 52,500 52,780 52,780 0 52,780 2007 0 250 99,750 100,000 100,000 0 100,000 2006 0 250 160,125 160,375 160.375 0 160,375 2005 0 250 42,000 42,250 42,250 0 42.250 2004 0 250 52,500 31,750 31,750 0 31,750 2003 0 250 42000 25,460 25,450 0 25,450 2002 0 268 42,000 25,468 25,468 0 25,468 2001 0 293 42,000 25,493 25,493 0 25,493 2000 0 190 42,000 25,390 25,390 0 25,390 1999 0 201 42,000 25,401 25,401 0 25,401 1998 0 217 42,000 25,200 25,200 0 25,200 1997 0 0 42,000 25,200 25,200 0 25,200 1996 0 0 42,000 25,200 25,200 0 25,200 1995 0 0 33,250 33,250 33,250 0 33,250 1994 0 0 33,250 33,250 33,250 0 33,250 1993 0 0 33,250 33,250 33,250 0 33,250 1992 0 0 28,700 28,700 28,700 0 28,700 1991 0 0 33,250 33.250 33,250 0 33,250 1990 0 0 33,250 33.250 33,250 0 33,250 1989 0 0 33,250 33,250 33,250 0 33,250 1988 0 0 30,625 30,625 30,625 0 30.625 1987 0 0 30,625 30,625 30,625 0 30,625 1986 0 0 30,625 30,625 30,625 0 30,625 1985 0 0 30,330 30.330 30,330 0 30,330 1984 0 0 30,330 30,330 30,330 0 30,330 1983 0 0 30,330 30,330 30,330 0 30,330 1982 0 0 18,494 18,494 18,494 0 18,494 Parcel Sales History NOTE Sales do not generally show up in our computer system until about two to three months after the date of sale. If a recent sale does not show up in this list, please allow more time for the sale record to be processed. Thank you for your patience and understanding,. alOfficial Records Book/Page Plies Instrument u ll n http://www.mepafl.org/PropSea.rch.aspx* is Property Search -- Monroe County Property Appraiser Page 4 of 4 9/111981 839/1715 35,000 WD u 2/111970 7191807 7,500 00 a This page has been visited 193,341 times. Monroe County Property Appraiser Ervin A. Higgs, CFA P.O. Box 1176 Key West, FL 33041-1176 http://www.mcpafl.org/PropSearch.aspx 9/20/2010 F „a, • . F e .............................. pwit 114au ,r f 10K LT 15WHISPERINGFINE :w _. . M'i7t NiumbK ..:.:..:..... . ..... ......::. Now „ . _ , MBE. ..... PTOOKA unk ..................... 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LAW CLEA.R L 00 OOOOM.AS lb-C 00 ;i ����� a, 002&%70-OOWOO 9/zq/ 0 r 4/5=W 00209971-001900 00214481 1124r4W 00216 9/1=2007 00219860-000000 8/ 00222340-000000 7 8/ 00245850-000000 002 100 7/14=7 00245880-000000 111 00245900-000000 4/1812007 002 3024t2M 00246060-000000 1 00248390-000000 11 MWW7 00248390-000000 00250320-000000 002 WW2008 00250410-ODOM 9/2 9i2QQM 00250510-OMM 41 00260591-003900 002565804000000 MM2006 00285380-000000 0031 502006 00319970-000000 SWM 1 SM006 00320070-000000 00320130-000000 6/12/200700320461-000000 6/12/200700320612-000000 00325360-000000 00325830-000000 3110/2010 00328080-000000 3/10/2010 00328330-000000 00326430-000000 003Z7140-000000 4/5/2008 00327940-000000 4/18/2007 003287 11/2 7 00328940-000000 502009 00331061 11 /5MM 00331061-001000 1061-01 6/2 00331061-015600 6113MM 00331061-017400 Page 5 t l 0 E 0 N VEGETATION SURVE.Y MITIGATION PLAN LOT I =5 WHISPIERING PINES REAL ESTATE NUMBER: 00285660-000000 PREPARED BY: jULJ= CHEON 70 :E__NVl ROafs NTA',— a..- consultant 71 T-ingier Lane, llo report includes, a site descr►Ption, a list of vegetatio�l located a mitigati te The following map indicating the location of relevant features and all Listed spec plan for the above referenced parcel. • erformed on the above referenced property on June 4 and June 11, 200 Site rnsrts was P Site Description: t bY sin a family residences, on the nortl The pmp�rty is bordered on the east and a e paved road, Winifred Street. For purpose an snored canal and on the south by Pa re rt the front of the property is considered that which borders Winifred Street. this po dominantly with the invasive exotic spe The unimproved site is densely vegetated, p including but Brazilian Pepper. In addition, there are some natives it the property limited to Mahogany, Buttonwood, Thatch Palms and Silver Palms. S ecies of Note: invasive exotic species regulated by r Schinus terebinthifolia) is the only d riot to a Brazilian pepper ( pest lant, removal is require p Monroe County found on site. Considered a 1� P certificate of occupancy being issued. • e 9 ted Listed species on site. A species is consideredCoemi�lyisted if it is dExpglo Exploited Re onally Important �)� of Endangered (E), Threatened (�, er than 4" diameter at breast height (N>4"dbh). All (CE}, or if it is a Native species great d b development- and all have been tagged on listed species require mitigation if impacts Y p. mitigation for all Monroe County Code i�equtres monetary g site with orange tape Monroe County depending on impacted species. The mitigation amount is calculated by species and all A ma the species and its size. p Showing the locations of all listed sPe due to the relevant features is attached. Please note that locations are approximate f the ve e#ation and the limitation of the measuring device used (measuring density o 8 tape). Thrinax E), Keys Thatch Palm The Listed species on site are, Thatch Palm �B (erectus N>4"dbh), Jamaican (7irrinax morrisii, END) Buttonwood (Conocarlm Coccothrinax argentata, END), N>4"dbh), Silver Palm ( END), Dogwood (Piscidia piscipuIa, Mahogany (Swietenia mahogany, Red Ironwood (Reynosia septentrionalis, T), Gumbo Limbo (Bursera simaruba, N>4"dbh), and Cat Briar (Smilax havenensis, T) EOM DE IN[ ,F sr wT N ..._.... f — w: d,-0N Julie't %cane{ 395-1985 71 ' ter Lane, Marathonz { 8., 74 " 97 All protected species are shown on the attached map. All species impacted by the proposed development (construction footprint & five foot construction buffer) are noted on the map. One specimen, a large Mahogany, may be saved by slightly field adjusting the swale. This Specimen is noted on map. This would be a reduction from four (4) Mahogany >10' impacted to three (3) impacted. Appropriate permits must be obtained from Monroe County prior to removal of any vegetation. Please consult the Monroe County Biologist for specific requirements. Please feel free to direct any questions regarding this report to the author at the above referenced contacts. N e, ,p ile C eon -a! �ZOgr43-4587 _M Spccies List Scientific Name Common Name Status Notes Asparagus aethiopicus Asparagus Fern e Bvrrichia frutescens Sea Daisy N Bqmelia celastrina Saffron Plum N Bursera simaruba Gumbo Limbo N Chiocvcca albs Snowberry N Coccolvba uvifera Seagrape N Coccuthrinax argentata Silver Palm E Conocarpus erectus Green Buttonwood N Cordia sebestena Geiger Tree e Eugenia.foetida Spanish Stopper p N Morning Glory e not 1. tenuissima Ipumoea sp. N Lantana involucrata Lantana Metopium toxifertrm Poisonwood N MUrinda royOC Mouses Pineapple N phymatosorus scolopendria Serpent Fern e Pinus eIlivttii Slash Pine var dense N/R1 Piscidia piscipula Jamaican Dogwood N Pithecelivbium Blackbead N guadalupense RandiwVhite Indigo N Randia aculeata Berry Reynvsia septentrionalis Darling P1umlRed T Ironwood Sansevieria hyacinthoides Mother -in -Law Tongue e Recommend Removal Sche, fjT era Actinophylla Schefflera a 3 Species List Continued Schinus terebinthifolia Smilax havenensis Swietenia mahagoni Talipariti tiliaceum Thrinax morrisii Thrinax sapling ,, Tradescantia spathacea Key — Status Brazilian Pepper lEX Cat Brier T Mahogany END Seaside Mahoe e Keys Thatch Palm END Thatch Palm Sapling END too young to determine species Oyster Plant e Landscape Palm e Landscape Bromeliad e CE Commercially Exploited All Protected ex Exotic non-native (may be naturalized) END Endangered All Protected [EX Invasive Exotic Removal Prior to CO Required N Native > 4" dbh protected RI Regionally Important All protected T Threatened All Protected 4 n eo A Co Cl C � on Ca a . ¢ Co r+ C [G �] a �. O G w o crc ... z S R �° a x z d to & IO , z a a: ❑ C7 Q- z ❑ C7 Qo w x v W ❑ a v D C p- O � f6 n � v w � e a so m A a ci v y w N .T Fl� Julie C n n n Co t 434597- hony( 3 1 71 Tin r ne, Mara on Fl Fax (3 7 0 It 15 tiffs crin Fines "eL big Fine Keys k� pyp 4 Lj� 1 ' 9 S � i t it ..K ` i Map K.CGq located inALI jl ` Mitigation TaHe V IS1,V1. 4. = $ linen t0 be a 1 � i removed , o nuM Imo. t_V = Field adjust Swale eN l �u� i7.= a �n � W* to avoid --- • 9 I - i } L rt *:Please note, locations were �I t determined using four comer survey �, J► stakes, and are approximate, due to the density of the vegetation, and• the limitation of .rr ° ».. • " the measuring R -'ra 4, 'S device (measuring tape) .T United States Department of the Interior FISH AND WILDLIFE SERVICE South Florida Ecological Services Office 1339 20'h Street Vero Beach, Florida 32960 September 12, 2005 Modular Homes of Florida Keys 11400 Overseas Highway #201 Marathon, Florida 33050 Service Log Number: Applicant: Date Received: County: Dear Sir: 4-1-05-PL-12797 (FEMA) Jack Derovanesian July 14, 2005 Monroe Thank you for your request for Fish and Wildlife Service (Service) technical assistance on your project which involves the construction of a single-family residence. The project is located at 30613 Winifred Street, Lot 15, Whispering Pines Subdivision, Big Pine Key, Monroe County, Florida. The Real Estate number is 00285660-000000. Site Description The parcel is bounded on the north by a canal, on the east and west by developed lots with single-family residences, and on the south by Winifred Street. The proposed project site is largely covered by woody flora. Flora on the parcel is disturbed due to the presence of exotic species, including Brazilian pepper (Schinus terebinthifolia). The parcel also includes native flora. According to the Vegetation Survey submitted by Jule Cheon, dated June 14, 2005, there are 9 tree species of concern on the site. Among these are plants listed by the State of Florida as threatened or endangered, and native trees greater than four inches in diameter. State listed plants include endaageied silver palls (CucowhI'inax urgentaia), Lhatch palm (Thrinax murrisii), and mahogany (Swietenia mahogani), and threatened darling plum (Reynosia septentrionalis) and greenbriar (Smilax havanensis). Poisonwood (Metopium toxiferum), which is a critical food source for the state threatened white -crowned pigeon (Columba leucocephala), also occurs on the parcel. Effect Anal is The site is within the range of the federally endangered Key deer (Odocoileus virginianus clavium). Current threats to Key deer include road mortality, disease, and habitat loss. Habitat loss rgsults from development, fire suppression, and proliferation of invasive exotic plants. Development is the most significant threat to Key deer. Fencing associated with development may cause habitat loss, alter movement patterns, and prevent access to important resources. TAKE PRIDE ®1-# INAM ERICA- Modular Homes of Florida Keys Page 2 Road mortality may rise with increased development and resultant traffic. Key deer are known to use vacant lands within residential subdivisions for foraging, resting, and movement. Your project involves the construction of a new single-family residence indicating a potential increase in traffic and possibly loss of Key deer habitat on Big Pine Key. The Service has determined that when a project may result in an increase in traffic and/or loss of habitat, incidental take of Key deer may occur. Take means to h kill, trap, capture, collect, or attempt to engage in such activity. Incidntal pursue, hunt, means thwound, ake d' occurs as the result of another action and is not intentional. Determination Based upon current biological information and our preliminary review, the Service believes the project may result in incidental take of the endangered Key deer. Therefore, the Service requires you provide a Habitat Conservation Plan (HCP) which identifies measures you will take to minimize adverse impacts. If you choose to provide an HCP to authorize take of Key deer and/or other federally protected species from the proposed residential construction, you may: (1) Provide an individual HCP; or (2) Be included in an interagency HCP for Big Pine Key and No Name Key in which Monroe County (County) is a participating party. Individual HCP The Service has established a special category of permits termed low -effect HCPs. Projects with minor or negligible effects to federally listed species and their habitats and minor or negligible effects on other environmental values or resources are covered under a low -effect HCP. Low - effect HCPs have an expedited review process that typically takes 8 to 10 months to complete. Based on our cursory review of your project and the anticipated impacts it will have on Key deer, it may qualify for a low -effect HCP. Intera enc HCP for Bi Pine Ke Impacts to Key deer due to residential development could be authorized by an HCP issued to the County. As you may know, the County has been coordinating with the Service for several years to develop a large-scale HCP for all of Big Pine and No Name Keys. The County's draft HCP currently addresses residential development on these two islands over the next 20 years. In the event you are able to wait until completion of the County's HCP, this broader planning process may save you time and money in comparison to preparing and completing your own individual HCP. Please note Service review of this project in no way implies compliance with other Federal, State, County, or municipal regulations. It is the applicant's responsibility to ensure the project meets all applicable regulations. Modular Homes of Florida Keys Page 3 If modifications are made to the project, if additional information involving potential effects to listed species becomes available, if a new species is listed, or if designated critical habitat may be adversely affected by the project, reinitiation of technical assistance may be necessary. The Service has a specific protocol for formulating an HCP. Mare information about the HCP process can be obtained by contacting the Service's HCP representative, George Dennis, at 772- 562-3909, extension 309. Please direct any questions regarding this letter to Winston Hobgood at 772-562-3909, extension 306. Thank you for your assistance in protecting the environment of the Florida Keys. Sincerely yours, James J. Slack rr� Field Supervisor South Florida Ecological Services Office cc: Monroe County Growth Management Division, Marathon, Florida (Timothy McGarry/Marlene Conaway) Federal Emergency Management Agency, Atlanta, Georgia (Mary Rountree) APPLICATION MONROE COUNW I-xwf v VIA 615-:0-TtFIF-D AAA-11-% 700,V a-5/0 000,P- /726 60qa APPLICATION FOR RESIDENTIAL ADMDaMnRATME RELIEF Adminish-ative Relief fee: $1.011.00 PLEASE PRINT & ATTACH A COPY OF A CURRENT PROPERTY RECORD CARD AND THE RECORDED DEED OF THE SI EC I I PROPERTY. IF YOU HAVE QUESTIONS OR WISH TO MAKE AN AppoorfMaff To DEUVER YOUR APPLICATION PLEASE CALL THE GROWTH MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT. ProWrty Owners Name- 314CV- b E�- IeQ (14 PJL2114 t'j propulyowncescmpleternailkgaddrem: 6370 CJ-Z> Miqiq0114,,).y wow--F IVA41orl- Phone. ',;' 2 3 Agent'914em: Phone: FWr (please mwl a nomzed statement mdminn rqmmmon of this applicefion by all PrOPe" Own9m The adment should md-. % (Ownees —) mghovi= (individual YOU me mdhm=gng tO represent YOU) to represent my property for this aWicadon for Adirunkstrairve RchcP. PROPERTY DESCRIPTION- Lot J!�- Block SuNlivision W415Pa Plt-�!5 Key(isiand).-1916 EwF- ie%2y bm3-7-RE: 9Q 2 K5 6 60- 00 0000 jfmelm and bmoa*iMlegal dma"on on separate shea Budding Permit Application 9: 05-01 - 5-4 3 q Date of most recent ROGO applicabon: Im" F What kind of adminis� relief an you smidnO AUjL-b1t,)& Nam purmw to b&mmCwmity Cade pmfamml Bond afComty Cammasmm-t— aft aft Pwdbm fftm Pmpm Is dcmvmvod rw k LLU&App.i.Atak a an kR Facmfflxdd&baum�& • The fomgoing signature was acknowledged btfore me this dqy of 4&tl .20 --T 13Y who is 4p_ pemnall� kD1V16 to Me Or pro&ced (PRM NAM OF PMKW SMNUW-) 11-:1 be-i'v. Le_e_0_coffli4 cntifici1 1n. ;Vfi'T ell L0 TO BE CONTLETED BY STAFF- DATE: BUILDING PER?kff APPLICATION 4 Pap 2 of2 Adm Relief al Application April 19 2DIO.doc Applicants lnkW and date. � - )) LL, If 0 APPLICATION MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMXNT i APPLICATION FOR RESIDENTIAL. ADMCSTRATIVE RELIEF Administrative Relief fee: $1,011.00 Monroe County Code Sermon 138-27 Regairements for dd"IntsiMtm R*Uaf. (1) Iran applicant for an allocation &wend.- a Whose application ha b= denied an allocation award_ for for (4) successive yes in the Permit Allocation Sy and fails to receive an allocation award, said applicant may apply to the board for administrative relief pursaw to the tams and conditions set forth berein; and b. Whose proposed development otherwise meets all applicable county, state, and federal regulations; and c. Whose allocation application has not been withdrawrr_ and d. Who has complied with all requirements of the Permit Allocation System; and e. Applicant follows procedures for administrative relief contained in the land developmenn regulations. (2) An application for administrative relief shall be made on a form prescribed by the Director of Planning and may be filed with the Director of planning no q&rlier than the conclusion of the fourth ki th annual allocation period (3) Upon filing of an application for administrative relief, the Director of Planning & Environmental Resources shall forward to the board all relevant film and records relating to the subject application& Failure to Me an application shall constitute a waiver of any rights under this section to asset that the subject property has been taken by the county without payment of just compensation as a result of the dwelling unit allocation system. (4) Upon receipt of an application for administrative retie& the board "I notice and hold a public hearing at which time the applicant will be given an opportunity to be heard. (5) The board may review the relevant applicabor►s and applicable evaluation ranking, taking testimony from county staff and others as may be necessary and bar testimony and review documentary evidence submitted by the applicant (6) At the conclusion of the public hearing, the board may take the following actions pursuant to Monroe County Code Section 139-27(f) and Monroe County Comprehensive Plan Policy 101.6.1 and Policy 101.6.5: a, Offer to purchase the property at fair market value as the Board of County Commissioners preferred anion if the property is located within i. a designated Tier I area; ii. a designated Tier B area (Big trine Key and No Nacre Key); iii. a designated Tier III -A area (Special Protection AmaX or iv, a designated Tier lit area on a non -waterfront lot suitable for affmdable housing. "Fair market value" shall be an amount which is no feu than ad valorem valuation in the Monroe County Real Property Tax roll for the year 1997. b. Permit the minimum reasonable economic use of the property. "Minimum reasonable economic use" means; as applied to any residentially zoned tot of record, which was buildable immediately prior to the effective date of the Plan, no less than a single-family residence. c. Suggest such other relief as may be necessary and appropriate, (7) Limits an administrative allocations per quarter: The number of allocations that may be awarded under administrative relief in any one quarter shall be no more than fifty percent of the total available market rate alloadons available in a quarter for that subarea. Any allocations in excess of ftRy percent shall be extended into the succeeding quarter or quarters until the number of such allocations is fifty pgceat or less of the total number of market rate allocations available to be awarded. (8) Re&sal of the purchase offer by the property owner shall not be grounds for the grentaig of a R000 allocation award. Pap 1 of 2 Adak RaWRosidential April 19 2010.doc Applicants Initial NEW APPL_,"', , JON FORM: PROPOSE_ flEn. MONROE COUNTY PLANNING DEPARTMENT APPLICATION FOR RESIDENTIAL PERMIT ALLOCATION Marathon: (305) 289 2500 Plantation Key: (303) 852-7100 Appllcatlon Fee: $430.00tNoAppucAiloNpmnmAFPaRoalsLeI,IWwo> PLEASE PRINT AND ATTACH A COPY OF A PROPERTY RECORD CARD. IF YOU HAVE OUESTIONS OR WISH TO MAKE AN APPOINTMENT TO DELIVER YOUR APPLICATION, PLEASE CALL THE GROWTH MANAGEMENT OFFICE CLOSEST TO YOUR PROJECT. ONCE THIS APPLICATION IS ACCEPTED AND DEEMED COMPLETE, REVISIONS WILL ONLY BE ACCEPTED IF A NEW APPLICATION IS SUBMITTED. Owner(s) Name: 611 /e dy�+e :rya Ph. Mailing Address: /1.3970 City: State: )Z1p: ,30? Agent's Name, Ph. (W) 2JE&& (H) Melling Address: yt!!Qg d ..-r 02a/ City. State zip. 2,�-� PROPERTY DESCRIPTION: Lot /S Block --��11 /� Subdivision Key. Street: �iti t�;MM: RE: tf metes eurrds, aftaad legal aW ca ffm on sepal8te sheet NUMBER OF UNITS: Mobile Home:,,,_,_ House)(- RV: Live -aboard- Others: Check You or No. If yet, that attach the requsstad dot rmram s: Yes— No� The project is combining contiguous Tots in a legally platted subdivision with water, electricity, and paved roads or is otherwise below density. Please attach a copy of a proposed restrtcttve covariant limiting the number of units an the property and running in favor of and enforceable by the County. Yes _ No)� The uni(s) win be affordable housing. Attachment required Is a ewent affordable housing approval from r the Planning Department. Yes _ No-L�The proposal includes dedication of vacant, buildable land located In areas proposed for acquisition. A.tlarhmente required with this eppllcatlon are:1) letter from the Biologist stating the properly is dMicateable, 2) proof of ownership, 3) copy of title insurance, 4) proposed WARRANTY DEED(S) (Quit Claim Deeds wig not be accepted), and 5) land dedicallons must be in the same ownership as the over listed above unless the applicant has an approved lard dedication certificate. Please Gst the RE'(s) of the land to be dedicated: Yes,,,_ NaA_.Transfer of ROGO Exemptions (TRE's) are being utilized in the development of atlachad dwelling units. Attachment required The applicant must submit a copy or a certrned.copy of the recorded Development Order approving the TRE's for this project TRE's Ware to be used for this application. 1 Cerhyy that 1)1 have need &r d examined fide sypOCahm 8 atfachmw is and know same to be titre end Corrpd, 2) Ap provlsfons of laws and ordkrances gamwnfng WS type of worir are compked with wht:pler spwfiad here!) or net, lncluarptg the pmvtsion OIL". fie, or Fed*tW M qu*enxv to regrdefing const udbn or the performance of consk0lon; and 3�{2 ppnp�sfor Comfy sd forth In SeefFgn 9.5-1 i3 aI the Couinty Code are hertby waived. Signature of Notary Signs re of Applicant Date Swam to and sabbsanbed to before me this -�- day of 20,Q(, A&I.:..L is personaAy known to me has produced as FdentTtfcadw and who (dJd not) talae an oath. le- > TO BE COMPLETED 13Y STAFF- DATE: rr TIME: I� ► PERMIT # I^ 5-VJ F6s ALECHEIA LEE WILLIAMS 111Z405 MY COMMISSION l DTY423036 sir poi EXPIRES, Apr.27,2009 OF (om) 39"153 Florkk NOWY SaviM*= BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Division: Growth Management Bulk Item: Yes No X Department: Code Enforcement Staff Contact Person/Phone #:Christine Hurley, Division Director: Ronda Norman, Code Enforcement Director #289-2517 AGENDA ITEM WORDING: Public hearing to consider adoption of an Ordinance by the Monroe County Board of County Commissioners amending Chapter S of Monroe County Code, to change the name of the Code Enforcement Department to the Code Compliance Department and retaining all powers of Code Enforcement. ITEM BACKGROUND: Following Town Hall Meetings held by County Administrator Roman Gastesi throughout 2008-2009, residents voiced their opinions related to the code enforcement department and how certain code enforcement violations that are non -life safety should include better communication, and that the community is seeking a more responsive form of enforcement. The goal of this department is to gain compliance with Monroe County codes. The term compliance implies the department should be more receptive and open to gaining compliance. The department is working on several additional ordinance modifications that should be coming forward to the Board of County Commissioners in the next several months; however, this is the first step being sought to address community concerns found through the town hall meetings. At the September 15, 2010 Board of County Commissioners meeting the Board approved the request to advertise this ordinance. PREVIOUS RELEVANT BOCC ACTION: September 15, 2010 — BOCC approved permission to advertise this ordinance. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: Minimum $3000 INDIRECT COST: BUDGETED: Yes No X DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required__ _ DISPOSITION: AGENDA ITEM # ORDINANCE - 2010 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING CHAPTER 8 REGARDING THE DEPARTMENT OF CODE ENFORCEMENT; CHANGING THE DEPARTMENT NAME TO CODE COMPLIANCE; RETAINING ALL POWERS OF CODE ENFORCEMENT IN THE DEPARTMENT OF CODE COMPLIANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners has directed staff to change the name of the Department of Code Enforcement to Department of Code Compliance; and WHEREAS, the current composition of Chapter 8 of Monroe County Code reflects the words Code Enforcement; and WHEREAS, it is the desire of the Board of County Commissioners to adopt this name change without changing the authority of the code enforcement department or of its officers and inspectors; NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. Chapter 8 of the Monroe County Code shall be amended as follows: (deletions are str-ieken thfe and additions are underlined): Section 2. ArticIe I shall be amended as follows: Sec. 8-1. - Definitions. Sec. 8-2. - Department of eeaa e memeiit code compliance, creation. Sec. 8-3. - Issuance of citations by, eede ,.4,...,,eineat code compliance officers. Sec. 8-4. - Violation citations. Sec. 8-5. - Enforcement of F.S. ch. 705, lost or abandoned property. Secs. 8-6-8-26. - Reserved. Sec. 8-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Version August 22, 2010 4:00 Page I of 16 Code er;femvmemt Code Compliance Special Magistrate means a person hired by the board of county commissioners to adjudicate violations of this Code. Code inspector means any authorized agent or employee of the county whose duty it is to ensure code compliance. Gede enforcement Code compliance County Attorney means legal counsel for the county. Repeat violation means a violation of a provision of this Code by a person, who through a quasi-judicial or judicial process, has been previously found to have violated or who has admitted violating the same provision of this Code within five years prior to the violation, notwithstanding the violations occur at different locations. Sec. 8-2. - Department of ^eae ein- ..,,,....en code compliance creation. There is hereby created a department to be known as the department of eee e-,i code compliance which shall have all authority of code enforcement under Florida law. The terms code enforcement and code compliance are interchangeable where referenced in other portions of the code. Upon the recommendation of the county administrator, the board of county commissioners may assign the department to the division of county government that the board determines to be appropriate. The department shall be responsible for the enforcement of, but not limited to, the following ordinances concerning: land development regulations, waste disposals, the comprehensive land use plan, occupational licenses, fire, building, zoning, and sign codes, as well as any other ordinances of the county. The county administrator, with the approval of the board of county commissioners, shall designate a director for the department of ..ea.e en fi...,,,,meat code compliance who shall be a full time/permanent employee of the county and whose function it shall be to oversee and administer the operations of the eede eafereemen code compliance department. The code compliance director, with the approval of the county administrator, shall appoint personnel for the eede—enfer-2ement code compliance department and shall designate which department personnel will be engaged in enforcement as code inspectors. The board of county commissioners shall provide clerical and administrative personnel as may be reasonably required by the e„ae anfer--..,... ea code compliance special magistrate for the proper performance of its duties; however, such staff shall be under the supervision and direction of the eede ef&r-eemeacode compliance director. Sec. 8-3. - Issuance of citations by code enforcement officers. (a) County code enforcement officers, under the direction of the eede onnt code compliance administrator, are hereby designated enforcement officers for the purpose of enforcing the provisions of this Code pursuant to Laws of Fla. ch. 76-435. Version August 22, 2010 4:00 Page 2 of 16 (b) The citations shall be uniformly printed and pre -numbered in quadruplicate and shall list by ordinance number and section and by short, descriptive wording the county ordinance or ordinances violated, and shall indicate the name and address of the county court where the violation shall be tried, the names of issuing officer and cited person, and the date of the violation. The form of the citation shall be reviewed and approved by the clerk of the court, the state attorney, the court administrator, the chief judge for the 16th Judicial Circuit, and the county administrator. (c) The county administrator shall submit to the chief judge of the 16th Judicial Circuit a recommended fine schedule, as adopted by resolution of the board of county commissioners, in lieu of court appearance. Sec. 8-4. - Violation citations. (a) Those county code inspectors designated by a resolution of the board of county commissioners shall, when appropriate, according to the policy of the board of county commissioners, have authority to issue citations for violations of the county codes for disposition in county court as provided for in Laws of Fla. ch. 76-435. (b) All forms required to make Laws of Fla. ch. 76-435 operable shall be drafted by the county attorney in consultation with the county administrator, the state attorney and the various county court judges. (c) Nothing in this chapter shall be construed to, in any way, amend or modify Laws of Fla. ch. 76-435 under article VIII, section 6(d), Florida Constitution. Sec. 8-5. - Enforcement of F.S. ch. 705, lost or abandoned property. The county code a ,t compliance officers and county municipal service district hazardous waste inspectors are hereby authorized to enforce the provisions of F.S. ch. 705. Section 3. Article II is amended as follows: Sec. 8-27. - Code e nt compliance special magistrate; creation, powers and duties. Sec. 8-28. - Enforcement procedure. Sec. 8-29. - Conduct of hearing. Sec. 8-30. - Powers of the o ;n code compliance special magistrate. Sec. 8-31. - Administrative fines; liens. Sec. 8-32. - Duration of lien. Version AugusI 22, 2010 4:00 Page 3 of 16 Sec. 8-33. - Appeals. Sec. 8-34. - Notices. Sec. 8-35. - Amendments to F.S. ch. 162. Sec. 8-36. - Code compliance ef&r-,.,... a by other means. Sec. 8-37. - Passage of four years a bar to prosecutions. Secs. 8-38-8-62. - Reserved. Sec. 8-27. - Code eomplionee enforcement special magistrate; creation, powers and duties. (a) Creation. The office of code enfer-eement compliance special magistrate is hereby created. (b) Appointment. The board of county commissioners may appoint as many code eftF - errant compliance special magistrates as it determines is necessary. The board of county commissioners may also enter into an interlocal agreement with a municipality or another county to use the services of that jurisdiction's code enforcement special magistrate or to permit another jurisdiction to use the services of the county's special magistrate. If the board of county commissioners elects to use the services of another jurisdiction's special magistrate through an interlocal agreement, that special magistrate shall possess the same powers as if he had been appointed directly by the board. (c) Compensation. Compensation for the code ex€efeement. compliance special magistrates must be established by a resolution of the board of county commissioners. (d) Qualifications. All persons appointed or retained through interlocal agreement as special magistrate must have been members of the Florida Bar for five years and have experience in land use and local government law. Code enforcement special magistrates may not hold any other appointive or elective office while serving as special magistrate except when the special magistrate hears cases in two or more jurisdictions pursuant to an interlocal agreement. (e) Authority. The code enforcement special magistrate is granted the powers, duties and authority, including the authority to impose fines and liens and to order foreclosure of liens, granted by statute and ordinance. Sec. 8-28. - Enforcement procedure. (a) It shall be the duty of the director of code e , compliance through the code inspectors, to initiate enforcement proceedings of the various codes; however, the code enferccment com li_ance special magistrate shall not have the power to initiate such enforcement proceedings. Version August 22, 2010 4:00 Page 4 of 16 (c) (d) (e) Except as provided in subsections (c) and (d) of this section, if a violation of the codes is found, the code inspector shall notify the violator and give him a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the director of the code compliance department shall notify the code compliance special magistrate and request a hearing. The code efifeFeeinent. compliance special magistrate, through clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand - delivered or mailed, as provided in F.S. § 162.12, or section 8-34, to the violator. At the option of the code e nt coW 1� iance special magistrate, notice may additionally be served by publication or posting as provided in F.S. § 162.12, or section 8-34. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the code e4qr-eefaefit compliance special magistrate even if the violation has been corrected prior to the hearing, and the notice shall so state. If the code inspector has reason to believe a violation, or the condition causing the violation presents a serious threat to the public health, safety and welfare, or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator; and the director of code enforcement may immediately notify the code enforcement special magistrate and request a hearing. If a repeat violation is found, the code enfer-eement compliance inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code o nt compliance inspector, upon notifying the violator of a repeat violation, shall notify the director of code o nt compliance and request a hearing. The code e nt compliance special magistrate, through clerical staff, shall schedule a hearing and shall provide notice pursuant to F.S. § 162, or section 8-34. The case may be presented to the code compliance special magistrate, even if the repeat violation has been corrected prior to the hearing, and the notice shall so state. If the repeat violation has been corrected, the code enfier-eement compliance special magistrate retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his rights to this hearing and pay such costs as determined by the code sett compliance special magistrate. If the owner of property that is subject to an enforcement proceeding before a special magistrate or a court transfers ownership of the property Version August 22, 2010 4:00 Page 5 of 16 (fi between the time the initial pleading was served and the time of hearing, such owner shall: (1) (2) 101 (4) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee; Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to code enfevpewtamt compliance proceedings received by the transferor; Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code �en compliance proceeding; and File a notice with the director of code efifereement. compliance of the transfer of the property, with the identity and address of the new owner and copies of the disclosure made to the new owner, within five days after the date of transfer. A failure to make the disclosures described in subsections (e)(1), (e)(2), and (e)(3) of this section before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. Sec. 5-29. - Conduct of hearing. (a) (b) A hearing shall be held upon request of the code compliance director, or at such other times as may be necessary. All hearings and proceedings shall be open to the public. Code eafer-eemeot compliance hearings shall be held at a time and place noticed by the director of code en€ereement compliance. Each case before the code erif-ereemeat compliance special magistrate shall be presented by the county attorney, or his designee, or by the director of code compliance ems, or his designee, as may be determined by the county attorney. The code eafemement compliance special magistrate shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The special magistrate shall take testimony from the code inspector, alleged violator, and any other relevant witnesses. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the Version August 22, 2010 4:00 Page 6 of 16 (c) proceedings. If the county prevails in prosecuting a case before the special magistrate, it shall be entitled to recover all costs incurred in prosecuting the case and such costs may be included in the lien authorized under F.S. § 162.09(3), or section 8-31. At the conclusion of the hearing, the code atiF r-ee.. ent compliance special magistrate shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted in this chapter and by applicable statutes. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed, and under the conditions specified in F.S. § 162.09(1), or section 8-31, the costs of repairs may be included along with a fine if the order is not complied with by such date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violations concerns real property and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the code ont compliance special magistrate shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance. Sec. 8-30. - Powers of the enfereement code compliance special magistrate. The code o nt code compliance special magistrate shall have the power to: Adopt rules for the conduct of hearings; Subpoena alleged violators and witnesses to hearings. Subpoenas shall be served by the sheriff or others authorized to serve process; Subpoena evidence; Take testimony under oath; and Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance. Version August 22, 2010 4:00 Page 7 of 16 Sec. 8-31. - Administrative fines; liens. (a) (c) The code enrfefeement compliance special magistrate, upon notification by the director of the department of code e.ns compliance that an order of the board has not been complied with by the set time or upon finding that a repeat violation has been committed, may order the violator to pay a fine not to exceed $1,000.00 per day per violation for a first violation, up to $5,000.00 per day per violation for a repeat violation, and up to $15,000.00 per violation if the special magistrate finds the violation to be irreparable or irreversible in nature. In addition, if the violation is a violation described in F.S. § 162.06(4), the special magistrate shall, through the director of code compliance fit, notify the board of county commissioners, that may make all reasonable repairs that are required to bring the property into compliance and charge the violator with the reasonable cost of repairs along with the fine imposed pursuant to this section. Making such repairs does not create a continuing obligation on the part of the board of county commissioners to make further repairs or to maintain the property and does not create any liability against the board of county commissioners for any damages to the property if such repairs were completed in good faith. If, after due notice and a hearing, a code compliance en€er-eement special magistrate finds a violation to be irreparable or irreversible in nature, he may order the violator to pay a fine as specified in this section and a hearing shall not be necessary for issuance of the order. In determining the amount of the fine, if any, the code compliance ant. special magistrate shall consider the following factors: (1) (2) (3) The gravity of the violation; Any actions taken by the violator to correct the violation; and Any previous violations committed by the violator. A certified copy of an order imposing a fine, or a fine plus repairs costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property of the violator, but shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this section shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this Version August 22, 2010 4:00 Page 8 of 16 section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the board of county commissioners, and the board may execute a satisfaction or release of lien entered pursuant to this section. After three months from the filing of any such lien that remains unpaid, the code enforcement special magistrate may authorize the county attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this chapter may be foreclosed on real property that is a homestead under section 4, article X of the State Constitution. Sec. 5-32. - Duration of lien. No lien provided under this chapter, or under F.S. ch. 162, shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee that it incurs in the foreclosure. The board of county commissioners shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. Sec. 5-33. - Appeals. An aggrieved party, including the board of county commissioners, may appeal a final administrative order of the code compliance enfer-eement special magistrate to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the code compliance ofiF reeMent special magistrate. An appeal shall be filed within 30 days of the execution of the order to be appealed. Sec. 5-34. - Notices. (a) All notices required by this chapter shall be provided to the alleged violator by: (1) Certified mail, return receipt requested, provided if such notice is sent under this subsection to the owner of the property in question at the address listed in the tax collector's office for tax notices, and at any other address provided to the director of code compliance by such owner and is returned unclaimed or refused, notice may be provided by posting as described in subsections (c)(1) and (c)(2) of this section, and by first class mail directed to the addresses furnished to the director of code compliance Version August 22, 2010 4:00 Page 9 of 16 (b) (C) (d) (2) (3) (4) efifer-eemem with a properly executed proof of mailing or affidavit confirming the first class mailing; Hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the board of county commissioners; Leaving the notice at the violator's usual place of residence with any person residing therein who is 15 years of age or older and informing such person of the contents of the notice; or In the case of commercial premises, leaving the notice with the manager or other person in charge. In addition to providing notice as set forth in subsection (a) of this section, at the option of the code compliance enfer-,.,,.. ent special magistrate, notice may also be served by publication as follows: (1) (2) Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the county. The newspaper shall meet such requirements as are prescribed under F.S. ch. 50, for legal and official advertisements; and Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051. In lieu of publication as described in subsection (b) of this section, the notice may be posted as follows: (1) (2) A notice may be posted at least ten days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other that shall be at the front door of a courthouse in the county; and Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. Notice by publication or posting may run concurrently with, or may follow, an attempt to provide notice by hand delivery or by mail as required under subsection (a) of this section. Evidence that an attempt has Version August 22, 2010 4:00 Page 10 of 16 been made to hand deliver or mail notice as provided in subsection (a) of this section, together with proof of publication or posting as provided in subsections (b) and (c) of this section shall be sufficient to show that the notice requirements of this chapter have been met, without regard to whether or not the alleged violator actually received notice. Sec. 8-35. - Amendments to F.S. ch. 162. Any subsequent amendments to F.S. ch. 162, that are in any way inconsistent with sections 8-1, 8-2, and 8-27-8-33, shall control over the sections to the extent of any inconsistency. Sec. 5-36. - Code compliance enf ..,....` ent by other means. Nothing in this chapter shall be construed to preempt or prohibit the county from enforcing its codes by any other lawfully available means. Sec. 5-37. - Passage of four years a bar to prosecutions. (a) (b) (c) All prosecutions before the code compliance enf reefne..t special magistrate shall be initiated within four years of the occurrence of the event complained of or be forever barred. For the purpose of this section, the term "initiated" means the filing of a notice of violation, issuance of a notice to appear, or issuance of a civil citation by the code eafefeement compliance department. Except, however, that this section shall not bar the initiation of a prosecution before the code compliance a nt special magistrate based on the unlawful construction of a structure below the base flood elevation level. Further, it will not bar prosecution of the minimum standards of use of a below base flood elevation structure as outlined in 44 CFR. After the effective date of the ordinance from which this section is originally derived, any violation of this section, the vacation rental ordinance, a special vacation rental permit or permit conditions, shall be considered a new violation. Previous vacation rental leases or uses or the failure to bring enforcement against vacation rental violations pre -dating this section shall not act as laches or a bar to enforcement actions brought for new violations occurring after the effective date of the ordinance from which this section is derived. Occupancy agreements for RV spaces for a period of six months or more in duration by an individual RV owner within a particular RV park, other than in a designated storage area, shall be discontinued and shall not be entered into or renewed after the effective date of the ordinance from Version August 22, 2010 4:00 Page 1 1 of 16 which this section is originally derived. Each lease, sublease, assignment or other occupancy agreement for RV spaces of six months or more in duration in a particular RV park, other than in a designated storage area, shall be considered a new violation. Previous leases or agreement for occupancy or storage of recreation vehicles on RV spaces within a particular RV park, other than for storage in a designated storage area, shall be discontinued and not be renewed, extended or act as laches or bar enforcement actions brought for new violations occurring after the effective date of the ordinance from which this section is derived. Section 4. Article III is amended as follows: Sec. 8-63. - Legislative intent. Sec. 8-64. - Code compliances ar-eefae t officers designated. Sec. 8-65. - Violations of certain codes declared a civil infraction. Sec. 8-66. - Schedule of violations and penalties. Sec. 8-67. - Amendments to F.S. ch. 162. Sec. 8-68. - Notice to appear. Sec. 8-69. - Provisions supplemental. Sec. 8-63. - Legislative intent. It is the intention of the board of county commissioners through the adoption of this article to make available the supplemental code enforcement procedures of F.S. § 162.21, for use in code enforcement by the county. As used in this article, the term "code enforcement officer" means any designated employee or agent of the county whose duty it is to enforce codes and ordinances enacted by the board of county commissioners. Sec. 8-64. - Code compliance officers designated. County code compliance eafereemext inspectors under the direction of the code enfe-eement director, are hereby designated code efffer-eement compliance officers for the purposes of F.S. § 162.21, and this article with all powers authorized by Florida law to enforce the codes of Monroe County. Sec. 8-65. - Violations of certain codes declared a civil infraction. It is hereby declared that the violation of a duly enacted ordinance or this Code is a civil infraction. All such ordinances and codes may be enforced through the citation procedure set forth in this article except: (1) Version August 22, 2010 4:00 Page 12 of 16 (2) The enforcement pursuant to F.S. §§ 553.79 and 553.80, of building codes adopted pursuant to F.S. § 553.73, as they apply to construction, provided that a building permit is either not required or has been issued by the county. For the purposes of this subsection, the term "building codes" means only those codes adopted pursuant to F.S. § 553.73; and Whenever else prohibited by law. Sec. 8-66. - Schedule of violations and penalties. All county codes and ordinances may be enforced through this article by means of a citation to the county court, except where prohibited by section 8-65. Any person cited may contest the citation in county court. A violation of a code or ordinance shall result in the assessment of a civil penalty of $200.00 if the person who committed the civil infraction does not contest the citation. If the person cited contests the citation and is adjudicated in violation, fails to pay the $200.00 civil penalty within the time allowed, or fails to appear in court to contest the citation, judgment may be entered against the person for an amount up to the maximum civil penalty, not to exceed $500.00. Persons receiving a citation shall either pay the $200.00 civil penalty to the clerk of circuit court's office, or request from the clerk a county court date to contest the citation, within ten days of receiving the citation excluding the date of the receipt. Any person who willfully refuses to sign and accept a citation issued by a code efiferveffiefit compliance officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 or 775.083. Sec. 8-67. - Amendments to F.S. ch. 162. (a) A code enfereemenn compliance officer is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted county code or ordinance and that the county court will hear the charge. Prior to issuing a citation, a code o nt. compliance officer shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. If, upon personal investigation, a code compliance eaf ,.eement officer finds that the person has not corrected the violation with the time period, a code eafe.,.,._. eat compliance officer may issue a citation to the person who has committed the violation. A code e compliance officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation, and may immediately issue a citation, if the code compliance ea fer-eement officer has reason to believe that the Version August 22, 2010 4:00 Page 13 of 16 (b) (c) violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible. A code compliance e4aree t-officer shall issue a citation in a form prescribed by resolution of the board of county commissioners containing the following information: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) The date and time of issuance; The name and address of the person to whom the citation is issued; The date and time the civil infraction was committed; The facts constituting reasonable cause; The number or section of the code or ordinance violated; The name and authority of the code compliance a en! officer; The procedure for the person to follow in order to pay the civil penalty or to contest the citation; The applicable civil penalty if the person elects to contest the citation; The applicable civil penalty if the person elects not to contest the citation; and A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived the right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. After issuing a citation to an alleged violator, a code compliance went officer shall deposit the original and one copy of the citation with the county court. A copy shall be provided to the alleged violator and a copy retained by the code enforcement officer. Version August 22, 2010 4:00 Page 14 of 16 Sec. 8-68. - Notice to appear. (a) (b) A code compliance efiffe-iFee e„* officer designated by the board of county commissioners may issue a notice to appear at a hearing conducted by a county court if the officer, based on personal investigation, has reasonable cause to believe that the person has violated a code or ordinance. The term "notice to appear" means a written order issued by a code compliance in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time. If a person issued a notice to appear under this section refuses to sign such a notice, the code compliance eff€arvement officer has no authority to arrest such a person but may call upon a law enforcement officer to witness the issuance of the notice. The law enforcement officer may take enforcement` methods that include, but are not limited to, those provided for in F.S. ch. 901. Prior to issuing a notice to appear, a code compliance o nf officer shall provide written notice to the person that the person h4ts committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no fewer than five days and no more than 30 days. If, upon personal investigation, a code compliance enf ..,.ement of icer finds that the person has not corrected the violation within the prescribed time period, a code compliance fficer may issue a notice to appear to the person who has committed the violation. A code compliance enter-eement. officer is not required to provide the person with a reasonable time period to correct the violation prior to issuing a notice to appear and may immediately issue a notice to appear if a repeat violation is found, or if the code compliance e4gr-eemeat officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare or that the violator is engaged in violations of an itinerant or transient nature, or if the violation is irreparable or irreversible. A violation of an itinerant or transient nature is one that takes place on a particular parcel of property for a period of less than five days that will be discontinued or will be moved to another parcel of property. Sec. 5-69. - Provisions supplemental. The provisions of this article are an additional and supplemental means of enforcing county codes and ordinances and may be used for the enforcement of any code or ordinance, except as provided in section 5-65. Nothing contained in this chapter shall prohibit the county from enforcing its codes and ordinances by any other means. Version August 22, 2010 4:00 Page 15 of 16 Section 5. Severability. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 6. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 7. Inclusion in the Code. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system of the Code. Section 7. Filing. This ordinance shall be filed in the Office of the Secretary of State of Florida. Section S. Effective Date. This ordinance will take effect immediately upon receipt of official notice from the Office of the Secretary of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2010. Mayor Sylvia Murphy Mayor pro tem Heather Carruthers Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington Attest: DANNY L. KOLHAGE, CLERK By By Deputy Clerk Mayor Sylvia Murphy Version August 22, 2010 4:00 Page 16 of 16 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Division: Growth Management Bulk Item: Yes No X Department: Planning & Environmental Resources Staff Contact Person/Phone #: Christine Hurley / 289-2517 Joseph Haberman / 289-2532 AGENDA ITEM WORDING: A public hearing to consider an Ordinance by the BOCC to amend the land use district designation from Native Area (NA) to Park and Refuge (PR) for property is legally described as Block 3, Lots 3 & 4, Silver Shores Estates, Ramrod Key, Monroe County, Florida, having real estate numbers 00211090.000000 and 00211100.000000. ITEM BACKGROUND: The Monroe County Planning & Environmental Resources Department is requesting approval to amend the land use district designation from Native Area (NA) to Park and Refuge (PR) in accordance with Section 102-158 of the Monroe County Code. Prior to the 1986 adoption of the county's current land development regulations and their associated land use district maps, the subject parcels were within a RU-1 district (Single -Family Residential). In 1986, as part of a county -wide rezoning, the land use district designation of the parcels was amended to NA. In 1997, the subject property was given a Future Land Use Map (FLUM) designation of Residential Conservation (RC) with the adoption of the future land use maps. On February 17, 2000, the BOCC passed and adopted Ordinances #017-2000 and #019-2000. Ordinance #017-2000 amended the FLUM designation of Block 3, Lot 2 of Silver Shores Estates from RC to Recreation (R). Ordinance #019-2000 amended the land use district designation of Block 3, Lot 2 of Silver Shores Estates from NA to PR. Lots 3 and 4 were not included in either ordinance. On June 20, 2007, the BOCC passed and adopted Ordinance #027-2007. Ordinance #027-2007 established Block 3, Lot 2 of Ramrod Shores Estates as a county park and added it to the list of parks that allow animals. Although Lots 3 and 4 are also being used by the park's visitors, the parcels were excluded from Ordinance #027-2007 since their designation of NA does not permit park uses. The Monroe County Attorney's Office has indicated to the Planning & Environmental Resources Department that they are interested in amending the ordinance to include Lots 3 and 4. The Planning & Environmental Resources Department opened a file to amend both the FLUM designation (from RC to R) and land use district designation (from NA to PR) of the subject property on August 15, 2007. The land use district amendment from NA to PR was processed concurrently with the FLUM amendment from RC to R at the Development Review Committee and Planning Commission levels. However, at the time, it was policy that FLUM amendments were required to be reviewed and approved by the BOCC and State of Florida Department of Community Affairs prior to a corresponding land use district amendment. The FLUM application was heard and approved by the BOCC at a public hearing on October 15, 2008. The application was heard at the Development Review Committee meeting on August 21, 2007. The application was heard and approved by the Planning Commission at a public hearing on November 7, 2007 PREVIOUS RELEVANT BOCC ACTION: October 15, 2008 — BOCC approved Ord. #021-2008 amending the Future Land Use Map. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: REVENUE PRODUCING: Yes APPROVED BY: DOCUMENTATION: SOURCE OF FUNDS: No x AMOUNT PER MONTH: Year County Atty x OMB/Purchasing Included x Not Required _ Risk Management DISPOSITION: AGENDA ITEM # 1 WHEREAS, during a regularly scheduled public meeting held on October 20, 2010, the Monroe County Board of County Commissioners conducted a review and consideration of a request filed by the Monroe County Planning & Environmental Resources Department to amend the subject property's Land Use District designation from Native Area (NA) to Park and Refuge (PR) in accordance with Section 102-158 of the Monroe County Code; and WHEREAS, the subject property, commonly known as Ramrod Key Swimming Hole, is located along Bay Shore Drive on Ramrod Key, approximate Mile Marker 26, and is legally described as Block 3, Lots 3 & 4, Silver Shores Estates, Ramrod Key, Monroe County, Florida, having real estate numbers 00211090.000000 and 00211100.000000; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Findings of Fact: 1. Prior to the 1986 adoption of the county's current land development regulations and their associated land use district maps, the subject parcels were within a RU-1 district (Single -Family Residential). 2. In 1986, as part of a county -wide rezoning, the land use district designation of the subject property was amended to Native Area (NA). Page 1 of 5 3. In 1997, the subject property was given a Future Land Use Map (FLUM) designation of Residential Conservation (RC) with the adoption of the future land use maps. 4. On February 17, 2000, the BOCC passed and adopted Ordinances #017-2000 and #019-2000. Ordinance #017-2000 amended the FLUM designation of Block 3, Lot 2 of Silver Shores Estates from Residential Conservation (RC) to Recreation (R). Ordinance #019-2000 amended the land use district designation of Block 3, Lot 2 of Silver Shores Estates from Native Area (NA) to Park and Refuge (PR). Lots 3 and 4 were not included in either ordinance. 5. On June 20, 2007, the BOCC passed and adopted Ordinance #027-2007. Ordinance #027-2007 established Block 3, Lot 2 of Ramrod Shores Estates as a county park and added it to the list of parks that allow animals. Although Lots 3 and 4 are also being used by the park's visitors, the parcels were excluded from Ordinance #027-2007 since their designation of Native Area (NA) does not permit park uses. The Monroe County Attorney's Office indicated to the Planning & Environmental Resources Department that they are interested in amending the ordinance to include Lots 3 and 4. 6. The Planning & Environmental Resources Department opened a file to amend both the FLUM designation (from Residential Conservation (RC) to Recreation (R)) and land use district designation (from Native Area (NA) to Park and Refuge (PR)) of the subject property on August 15, 2007. 7. The FLUM/land use district application was reviewed by Development Review Committee at a meeting on August 21, 2007. Staff recommended approval to the BOCC, as memorialized in Development Review Committee Resolution #D20-07. 8. The FLUM/land use district application was heard by the Planning Commission at a public hearing on November 7, 2007. The Planning Commission voted unanimously to recommend approval to the BOCC, as memorialized in Planning Commission Resolution #P56-07. 9. The land use district amendment from Native Area (NA) to Park and Refuge (PR) was processed concurrently with the FLUM amendment from Residential Conservation (RC) to Recreation (R) at the Development Review Committee and Planning Commission levels. However, at the time, it was policy that FLUM amendments were required to be reviewed and approved by the BOCC and State of Florida Department of Community Affairs prior to a corresponding land use district amendment. The FLUM application was heard by the BOCC at a public hearing on October 15, 2008. The BOCC voted unanimously to amend the FLUM designation from Residential Conservation (RC) to Recreation (R), as memorialized in Ordinance #021-2008. 10. Section 102-158 of the Monroe County Code maintains that map amendments are not intended to relieve particular hardships, nor to confer special privileges or rights on any person, nor to permit a change in community character, as analyzed in Monroe County Year 2010 Comprehensive Plan, but only to make necessary adjustments in light of changed conditions. 11. Pursuant to Section 102-158(d)(5)b. of the Monroe County Code, the Board of County Commissioners may consider the adoption of an ordinance enacting the proposed change based on one or more of the following factors: (i) Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based; (ii) Changed assumptions (e.g., regarding demographic trends); Page 2 of 5 (iii) Data errors, including errors in mapping, vegetative types and natural features described in volume 1 of the plan; (iv) New issues; (v) Recognition of a need for additional detail or comprehensiveness; or (vi) Data updates. 12. Map amendments shall be consistent with the policies of the Monroe County Comprehensive Plan. 13. Map amendments shall be consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Conclusions of Law: 1. The proposed map amendment is consistent with the provisions of the Monroe County Code: a. The existing use of the property is consistent with the purpose of the Park and Refuge (PR) district, as set forth in Section 130-41 of the Monroe County Code; b. The existing use of the property is an as -of -right permitted use in the Park and Refuge (PR) district, as set forth in Section 130-91 of the Monroe County Code; c. As required by Section 102-158 of the Monroe County Code, the proposed map amendment shall not relieve particular hardships, nor confer special privileges or rights on any person, nor permit a change in community character, as analyzed in the Monroe County Year 2010 Comprehensive Plan; and d. The proposed map amendment meets two of the factors set forth in Section 102- 158(d)(5)b. of the Monroe County Code: (iv) New issues and (v) Recognition of a need for additional detail or comprehensiveness. 2. The proposed map amendment is consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan: a. The existing use of the property is consistent with the purpose of the Recreation (R) FLUM designation, as set forth in Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan; and b. The Park and Refuge (PR) district designation corresponds to the FLUM designation of Recreation (R), as set forth in Policy 101.4.21 of the Monroe County Year 2010 Comprehensive Plan. 3. The proposed map amendment is not inconsistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, the application was heard at a Development Review Committee meeting on August 21, 2007. Planning & Environmental Resources Department Staff found that all required standards shall be met and recommended approval of the application, as memorialized in Development Review Committee Resolution 4D20-07; and WHEREAS, the application was heard by the Planning Commission at a public hearing on November 7, 2007. The Planning Commission voted unanimously to recommend approval of the application as memorialized in Planning Commission Resolution #P56-07; and Page 3 of 5 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: 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 as Native Area (NA) shall be designated Park and Refuge (PR) as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. Section 3. The Official Land Use District Map of Monroe County shall be amended as delineated in Section 2 above. Section 4. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 5. All ordinances or parts of ordinance in conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. Section 6. This ordinance does not affect prosecutions for ordinance violations committed prior to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not affect the validity of any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any ordinance. Section 7. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs as required by F.S. 380.05 (11) and F.S. 380.0552(9). Section 8. 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 approving the ordinance. Section 9. This ordinance shall become effective as provided by law and stated above. Page 4of5 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of 2010. Mayor Sylvia Murphy Mayorpro tem Heather Carrutheri Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington 1-5 ffla t1l) DIEV-11091 rd .1117-11 N- out � I, I � 11 �� III � 1"ILCIIII71 i i ing " I I I VA riMMIN M-1 -0 Mayor Sylvia Murphy Page5 of5 The Monroe County Land Use Map is amended as indicated above. Proposal: Land Use change for REs 00211090-000000 and 00211100-000000 (0.6 Acres) from N Native Area (NA) to Parks and Refuge (PR) Date of Adoption: Map Created on: September 24, 2010 Planning Horizon: 2010 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 "A" R MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: The Monroe County Board of County Commissioners (BOCC) Through: Christine Hurley, AlCP, Director of Growth Management Townsley Schwab, Senior Director of Planning & Environmental Resources From: Joseph Haberman, AICP, Principal Planner Date: September 24, 2010 Subject: Request for an Amendment to the Land Use District Map from Native Area (NA) to Park and Refuge (PR), Ramrod Key Swimming Hole, Ramrod Key, having real estate numbers 00211090. 000000 and 00211100. 000000 Meeting: October 2010 A request for approval to amend the land use district designation from Native Area (NA) Park and Refuge Subject Property (2009) I Location: 3 Address: Ramrod Key Swimming Hole, Bay Shore Drive, Ramrod Key, mile marker 26 (Gulf of Mexico side of US 1) Legal Description: Block 3, Lots 3 & 4, Silver Shores Estates 8 Real Estate (RE) Numbers: 00211090.000000 and 00211100.000000 9 10 Applicant/Petitioner: Monroe County Planning & Environmental Resources Department 11 12 Property Owner: Monroe County 13 14 II RELEVANT PRIOR COUNTY ACTIONS 15 16 Prior to the 1986 adoption of the county's current land development regulations and their 17 associated land use district maps, the subject parcels were within a RU-1 district (Single- 18 Family Residential). 19 20 In 1986, as part of a county -wide rezoning, the land use district designation of the subject 21 property was amended to NA. 22 23 In 1997, the subject property was given a Future Land Use Map (FLUM) designation of 24 Residential Conservation (RC) with the adoption of the future land use maps. 25 26 On February 17, 2000, the BOCC passed and adopted Ordinances #017-2000 and #019-2000. 27 Ordinance #017-2000 amended the FLUM designation of Block 3, Lot 2 of Silver Shores 28 Estates from RC to Recreation (R). Ordinance #019-2000 amended the land use district 29 designation of Block 3, Lot 2 of Silver Shores Estates from NA to PR. Lots 3 and 4 were not 30 included in either ordinance. 31 32 On June 20, 2007, the BOCC passed and adopted Ordinance #027-2007. Ordinance #027- 33 2007 established Block 3, Lot 2 of Ramrod Shores Estates as a county park and added it to 34 the list of parks that allow animals. Although Lots 3 and 4 are also being used by the park's 35 visitors, the parcels were excluded from Ordinance #027-2007 since their designation of NA 36 does not permit park uses. The Monroe County Attorney's Office has indicated to the 37 Planning & Environmental Resources Department that they are interested in amending the 38 ordinance to include Lots 3 and 4. 39 40 The Planning & Environmental Resources Department opened a file to amend both the 41 FLUM designation (from RC to R) and land use district designation (from NA to PR) of the 42 subject property on August 15, 2007. 43 44 The FLUM/land use district application was reviewed by Development Review Committee at 45 a meeting on August 21, 2007. Staff recommended approval to the BOCC, as memorialized 46 in Development Review Committee Resolution #D20-07. 47 Page 2 of 9 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 36 37 38 39 40 41 The FLUM/land use district application was heard by the Planning Commission at a public hearing on November 7, 2007. The Planning Commission voted unanimously to recommend approval to the BOCC, as memorialized in Planning Commission Resolution #P56-07. The land use district amendment from NA to PR was processed concurrently with the FLUM amendment from RC to R at the Development Review Committee and Planning Commission levels. However, at the time, it was policy that FLUM amendments were required to be reviewed and approved by the BOCC and State of Florida Department of Community Affairs prior to a corresponding land use district amendment. The FLUM application was heard by the BOCC at a public hearing on October 15, 2008. The BOCC voted unanimously to amend the FLUM designation from RC to R, as memorialized in Ordinance #021-2008. III BACKGROUND INFORMATION A. Size of Site: Lot 3: 24,345 SF total (0.56 acres) / Lot 4: 16,707 SF total (0.38 acres) B. Land Use District: NA C. FLUM Designation: R D. Tier Designation: Tier 1 E. Flood Zone: Part AE — EL 9, part VE — EL 10 and part VE — EL 11 F. Existing Use: Passive community park G. Existing Vegetation I Habitat: Developed along the roadway and areas of mangrove and scrub mangrove within the interior H. Community Character of Immediate Vicinity: Single-family residential IV REVIEW OF APPLICATION A. Consistency of the proposed amendment with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan: Staff has determined that the proposed map amendment is not inconsistent with the provisions and intent of the Year 2010 Comprehensive Plan. The applicant is not proposing an amendment to the FLUM designation of R. Policies from the 2010 Comprehensive Plan that directly pertain to the proposed amendment include: Policy 101.4.9: The principal purpose of the R land use category is to provide for public and private activity -based and resource -based recreational facilities. 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 Man and described in Policies 101.4.1 - 101.4.17: Future Land Use Densities and Intensities Future Land Use Category Allocated Density Maximum Net Maximum And Corresponding Zoning (per acre) Density Intensity _(per buildable acre floor area ratio Recreation (R) 0.25 du n/a 0.20 PR zoning) 2 rooms/spaces n/a Page 3 of 9 I 2 Policy 1201.4.1: Existing county -owned neighborhood and community parks shall be 3 assigned to the PR land use district. 4 5 Policy 1201.4.2: Upon fee simple acquisition, new county -owned neighborhood and 6 community park sites shall be reassigned to the PR land use district. 7 8 B. Consistency of the proposed amendment with the provisions and intent of the Monroe County 9 Code, Land Development Code: 10 11 In accordance with MCC § 102-158(d)(5)b., the BOCC may consider the adoption of an 12 ordinance enacting the proposed change based on one or more of the following factors: 13 14 1. Changed projections (e.g., regarding public service needs) from those on which the text 15 or boundary was based: 16 17 Staff has not identified any changed projections from those on which the boundary was 18 based that would necessitate the amendment of the subject property's land use district 19 from NA to PR. 20 21 2. Changed assumptions (e.g., regarding demographic trends): 22 23 Staff has not identified any changed assumptions that would necessitate the amendment 24 of the subject property's land use district from NA to PR. 25 26 3. Data errors, including errors in mapping, vegetative types and natural features described 27 in Volume 1 of the Year 2010 Comprehensive Plan: 28 29 Staff has not identified any data errors that would necessitate the amendment of the 30 subject property's land use district from NA to PR. 31 32 4. New issues: 33 34 The subject property has been used as part of a passive park by the community for a 35 number of years. The park is commonly known as the Ramrod Key Swimming Hole and 36 also encompasses Lot 2 to the North. However, the park use is not permitted on Lots 3 37 and 4, since the NA district does not permit park uses (Lot 2 is within a PR district). 38 39 Staff has determined that the parcels were designated as NA in 1986 and given their 40 FLUM designations of RC in 1997. Both dates were before the site had first been used as 41 a community park. 42 43 Park and public uses are more consistent with the purpose of the PR district than the 44 purpose of the NA district. Furthermore, under a PR designation, the park may be 45 officially expanded to include Lots 3 and 4. In the PR district, active and passive Page 4 of 9 I recreational uses, such as those within the Ramrod Key Swimming Hole, may be 2 permitted as -of -right. 3 4 5. Recognition of a need for additional detail or comprehensiveness: 5 6 In 2000, the BOCC passed and adopted Ordinances #017-2000 and #019-2000. 7 Ordinance #017-2000 amended the FLUM designation of Block 3, Lot 2 of Silver Shores 8 Estates from RC to R and Ordinance #019-2000 amended the land use district 9 designation of Block 3, Lot 2 of Silver Shores Estates from NA to PR. Lots 3 and 4 were 10 not included in either ordinance. 11 12 In 2007, the BOCC passed and adopted Ordinance #027-2007, establishing Block 3, Lot 13 2 of Ramrod Shores Estates as a county park and added the site to the list of parks that 14 allow animals. Although Lots 3 and 4 are also being used by persons who visit the park, 15 the two lots were excluded from the language of the ordinance because their land use 16 district designation of NA does not permit park uses. 17 18 Staff has determined that in addition to Lot 2, Lots 3 and 4 have historically been used as 19 part of the passive park and should be designated as PR in recognition for additional 20 detail or comprehensiveness. 21 22 6. Data updates: 23 24 Staff has not identified any data updates that would necessitate the amendment of the 25 subject property's land use district from NA to PR. 26 27 Impact on Community Character. 28 29 MCC §102-158 maintains that map amendments are not intended to relieve particular 30 hardships, nor to confer special privileges or rights on any person, nor to permit a change in 31 community character, as analyzed in the Year 2010 Comprehensive Plan, but only to make 32 necessary adjustments in light of changed conditions. 33 34 The community character of the area is single-family residential. Staff has found that a 35 passive community park benefits the general public by providing passive recreational 36 opportunities of the community and is consistent with the single-family residential character. 37 38 Land Use District Purposes: 39 40 MCC §130-39: The purpose of the NA district is to establish areas that are undisturbed with 41 the exception of existing solid waste facilities, and because of their sensitive environmental 42 character should be preserved in their natural state 43 44 MCC §130-41: The purpose of the PR district is to establish and protect areas as parks, 45 recreational areas and wildlife refuges. 46 Page 5 of 9 I The purpose of the PR district is consistent with the immediate vicinity. 2 3 Land Use District Permitted Uses: 4 5 § 130-89. NA district 6 7 (a) The following uses are permitted as of right in the NA district: 8 (1) Detached residential dwellings; 9 (2) Beekeeping; 10 (3) Home occupations -Special use permit required; 11 (4) Accessory uses; 12 (5) Tourist housing uses, including vacation rental uses, are prohibited; 13 (6) Collocations on existing antenna -supporting structures, pursuant to § 146-5(3); 14 (7) Replacement of an existing antenna -supporting structure pursuant to § 146- 15 5 (2); and 16 (8) Satellite earth stations less than two meters in diameter, as accessory uses, 17 pursuant to § 146-5(6). 18 19 (b) The following uses are permitted as minor conditional uses in the NA district, subject 20 to the standards and procedures set forth in chapter 110, article III: 21 (1) Attached residential dwelling units, provided that: a) The total number of units 22 does not exceed four; and b) The structures are designed and located so that they 23 are visually compatible with established residential development within 250 feet 24 of the parcel proposed for development; 25 (2) Public buildings and uses, provided that: a) The parcel proposed for 26 development is separated from any established residential use by a class C 27 bufferyard; and b) the parcel proposed for development is at least two acres; 28 (3) Agricultural uses, provided that: a) The use is compatible with land uses 29 established in the immediate vicinity of the parcel proposed for development; b) 30 The parcel proposed for development is separated from any established residential 31 uses by at least a class C bufferyard; and c) All outside storage areas are screened 32 from adjacent uses by a solid fence, wall of hedge of at least six feet in height; 33 (4) Attached wireless communications facilities, as accessory uses, pursuant to 34 § 146-5(4); 35 (5) Stealth wireless communications facilities, as accessory uses, pursuant to 36 §146-5(5); and 37 (6) 38 Satellite earth stations greater than or equal to two meters in diameter, as 39 accessory uses, pursuant to § 146-5(6). 40 41 (c) The following uses are permitted as major conditional uses in the NA district, subject 42 to the standards and procedures set forth in chapter 110, article III: 43 (1) Attached residential dwelling units, provided that: a) The structures are 44 designed and located so that they are visually compatible with established 45 residential development within 250 feet of the parcel proposed for development; Page 6 of 9 I and b) The parcel proposed for development is separated from any established 2 residential use by a class C bufferyard. 3 (2) Marinas, provided that: a) The parcel proposed for development has access to 4 water at least four feet below mean sea level at mean low tide; b) The use does 5 not involve the sale of goods or services other than boat dockage and storage; c) 6 All boat storage is limited to surface storage on trailers or skids and no boat or 7 other equipment is stored on any elevated rack, frame or structure; d) Vessels 8 docked or stored shall not be used for live -aboard purposes; e) All outside storage 9 areas are screened from adjacent uses by a solid fence, wall or hedge at least six 10 feet in height; and f) Each non -waterside perimeter setback of the parcel proposed 11 for development must have a class C bufferyard within a side yard setback of 10 12 feet; 13 (3) Solid waste facility, provided that: a) The parcel of land proposed for 14 development is at least 40 acres; b) All landfill activity occurs no closer than 150 15 feet to any property line and at least a class F buffer is provided within this 16 setback; c) No fill shall exceed 35 feet in height from the original grade of the 17 property; d) Such operations fully comply with F.S. § 403.701 et seq.; e) A future 18 reclamation plan for the landfill site is presented; f) The incinerator is located so 19 that its operations do not adversely affect surrounding properties; and g) Road 20 access to the side from US 1 is limited to traffic serving the landfill; 21 (4) Land use overlays INS, PF, subject to the provisions of article IV of this 22 chapter. 23 24 (d) The following lawfully established nonresidential uses in the NA district, which were 25 rendered nonconforming by the 2010 Comprehensive Plan, but listed as permitted uses in 26 the land development regulations that were in effect immediately prior to the institution 27 of the 2010 Comprehensive Plan (pre-2010 LDR's) and lawfully existed on such lands on 28 January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, 29 make substantial improvements, or be reestablished as an amendment to a major 30 conditional use, subject to the standards and procedures set forth in chapter 110, article 31 III. 32 (1) Marinas, provided that: a) The parcel has access to water at least four feet 33 below mean sea level at mean low tide; b) The use does not involve the sale of 34 goods or services other than boat dockage and storage; c) All boat storage is 35 limited to surface storage on trailers or skids and no boat or other equipment is 36 stored on any elevated rack, frame or structure; d) Vessels docked or stored shall 37 not be used for live -aboard purposes; e) All outside storage areas are screened 38 from adjacent uses by a solid fence, wall or hedge at least six feet in height; f) The 39 parcel is separated from any established residential use by a class C bufferyard; 40 and g) The use is limited in intensity, floor area, density and to the type of use that 41 existed on January 4, 1996, or limited to the permitted uses and/or the provisions 42 for minor or major conditional uses allowed in the pre-1996 LDRs for this district, 43 whichever is more restrictive. 44 (2) Solid waste facility, provided that: a) The parcel of land is at least 40 acres; b) 45 All landfill activity occurs no closer than 150 feet to any property line and at least 46 a class F buffer is provided within this setback; c) No fill shall exceed 35 feet in Page 7 of 9 I height from the original grade of the property; d) Such operations fully comply 2 with F.S. § 403.701 et seq.; e) A future reclamation plan for the landfill site is 3 presented; f) The incinerator is located so that its operations do not adversely 4 affect surrounding properties; g) Road access to the side from US 1 is limited to 5 traffic serving the landfill; and h) The use is limited in intensity, floor area, 6 density and to the type of use that existed on January 4, 1996, or limited to the 7 permitted uses and/or the provisions for minor or major conditional uses allowed 8 in the pre-1996 LDRs for this district, whichever is more restrictive. 9 10 § 130-91. PR district 11 12 (a) The following uses are permitted as of right in the PR district: 13 (1) Active and passive recreational uses, but not including recreational vehicles; 14 (2) Marinas; 15 (3) Public buildings and uses; 16 (4) Collocations on existing antenna -supporting structures, pursuant to §146-5(3); 17 (5) Attached wireless communications facilities as accessory uses, pursuant to 18 §146-5(4); and 19 (6) Satellite earth stations, as accessory uses, pursuant to § 146-5(6). 20 21 (b) The following uses are permitted as minor conditional uses in the PR district, subject 22 to the standards and procedures set forth in chapter 110, article III: 23 (1) Campgrounds, provided that: a) The parcel proposed for development has an 24 area of at least five acres; b) The operator of the campground is the holder of a 25 valid county business license; and c) The use does not involve the sale of goods 26 and services other than rental of camping sites, recreational vehicle parking 27 spaces or the sale of goods and services, limited to the needs of the campers, not 28 exceeding 1,000 square feet; 29 (2) Hotels of fewer than 12 rooms, provided that: a) The parcel proposed for 30 development has an area of at least one acre; b) All signage is limited to that 31 permitted for a residential use; c) The parcel proposed for development is 32 separated from any established residential use by at least a class D bufferyard; and 33 d) The use is compatible with land uses established in the immediate vicinity of 34 the parcel proposed for development; 35 (3) Replacement of an existing antenna -supporting structure pursuant to § 146- 36 5(2); 37 (4) Stealth wireless communications facilities, as accessory uses, pursuant to 38 § 146-5(5). 39 40 (c) The following uses are permitted as major conditional uses in the PR district, subject 41 to the standards and procedures set forth in chapter 110, article III: land use overlays A, 42 E, INS, PF, subject to the provisions of article IV of this chapter. 43 44 45 46 Page 8 of 9 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 Land Use Intensities: MCC 130-157:' Maxinnuna residential'densi and'dstrict o' n s 'ace Land Use District Allocated Density Maximum Net Density Open Space Ratio units/acre units/buildable acre NA 0.25 0 PR 0.25 0 0.9 *See additional open space ratios in chapter 118; in accordance with §101-2(1), the most restrictive of these ratios applies. The residential density allowances of MCC §130-157 are the same and therefore yield the same density. ;MCC 134=1 G2 Maxinurri` Ho%e1=Motel, Recreational '�ehicle and IristiEutiQrial R;rsidential� Dens�taes,��}: r` ` Land Use District Allocated Density units/acre) Maximum Net Density units/buildable acre Open Space Ratio NA n/a n/a n/a PR 5 10 0.9 In terms of campground spaces and hotel rooms (permitted uses in the PR district but not in the NA district), the residential density allowances of § 130-162 allow for transient development in the PR district where no transient development is permitted in the NA district. However, as the site is tier 1 and county -owned, the amendment would most likely not be developed with transient development. Mcc 13(l-164-Maximum NoruesideF►tial Land use Intensities and Uiscrict " °en Land Use District Maximum Floor Area Ratio Open Space Ratio NA Public Uses) 0,20 0.20 PR Public Uses 0.20 0.90 The nonresidential density allowances of MCC §130-164 are the same and therefore yield the same density. Further, both districts only provide a floor area ratio for public uses. It should also be noted that per MCC §130-164, the open space ratio for PR (0.90) is more restrictive than that assigned to NA (0.20) Impact on Public Facilities: The site is currently not developed with any structures. As the site is tier 1, county -owned and contemplated to be used as a passive park, the amendment would not further impact public facilities. V RECOMMENDATION Staff recommends APPROVAL to BOCC. Page 9 of 9 ORDINANCE NO. 021 -2008 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING A REQUEST BY THE MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND THE FUTURE LAND USE MAP (FLUM) DESIGNATION RESIDENTIAL CONSERVATION (RC) TO RECREATION (R) OF PROPERTY LEGALLY DESCRIBED AS BLOCK 3, LOTS 3 & 4, SILVER SHORES ESTATES, RAMROD KEY, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBERS 00211090.000000 & 00211100.000000. WHEREAS, during a regularly scheduled public meeting held on March 19, 2008, the Monroe County Board of County Commissioners conducted a review and consideration of a request filed by the Monroe County Department of Planning & Environmental Resources to amend the subject property's Future Land Use Map (FLUM) designation from Residential Conservation (RC) to Recreation (R) in accordance with Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan and Section 9.5- 511 of the Monroe County Code; and WHEREAS, the subject property, commonly known as Ramrod Key Swimming Hole, is located along Bay Shore Drive on Ramrod Key at approximate Mile Marker 26 and is legally described as Block 3, Lots 3 & 4, Silver Shores Estates, Ramrod Key, Monroe County, Florida, having Real Estate Numbers 00211090.000000 & 00211100.000000; and WHEREAS, on February 17, 2000, the Board of County Commissioners passed and adopted Ordinances 017-2000 and 019-2000. Ordinance 017-2000 amended the Future Land Use Map (FLUM) designation of Block 3, Lot 2 of Silver Shores Estates from Residential Conservation (RC) to Recreation (R). Ordinance 019-2000 amended the Land Use District designation of Block 3, Lot 2 of Silver Shores Estates from Native Area (NA) to Park and Refuge (PR). Lots 3 and 4, which are contiguous parcels to the South of Lot 2, were not included in either ordinance; and WHEREAS, on June 20, 2007, the Board of County Commissioners passed and adopted Ordinance 027-2007. Ordinance 027-2007 established Block 3, Lot 2 of Silver Shores Estates as a passive county park and added it to the list of parks that allow animals; and WHEREAS, although Lots 3 and 4 are also being used by the park's visitors, the parcels were excluded from Ordinance 027-2007 since their land use district designation of Native Area (NA) does not permit park uses. The Monroe County Attomey's Office has indicated to the Planning & Environmental Resources Department that it is interested in amending Ordinance 027-2007 to include Lots 3 and 4; and WHEREAS, Lots 3 and 4 were designated as Native Area (NA) in 1986 and given their Future Land Use Map (FLUM) designations of Residential Conservation (RC) in 1997. Both dates were before a community park was planned for the site; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Findings of Fact: 1. Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan states that upon fee simple acquisition, new county -owned neighborhood and community park sites shall be reassigned to the Park and Refuge (PR) District; and 2. The proposed Future Land Use Map (FLUM) designation is Recreation (R). Policy 101.49 of the Monroe County Year 2010 Comprehensive Plan states the principal purpose of the Recreation (R) land use category is to provide for public and private activity -based and resource -based recreational facilities; and 3. The proposed Land Use District designation is Park and Refuge (PR). Pursuant to Section 9.5-224 of the Monroe County Code, the purpose of the Park and Refuge (PR) District is to establish and protect areas as parks, recreational areas and wildlife refuges; and 4. Section 9.5-511(a) of the Monroe County Code maintains that map amendments are not intended to relieve particular hardships, nor to confer special privileges or rights on any person, nor to permit a change in community character, as analyzed in Monroe County Year 2010 Comprehensive Plan, but only to make necessary adjustments in light of changed conditions; and Pursuant to Section 9.5-511(d)(5)b of the Monroe County Code, the Monroe County Board of County Commissioners may consider the adoption of an ordinance enacting the proposed change based on one (1) or more of the following factors: (i) Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based; (ii) Changed assumptions (e.g., regarding demographic trends); (iii) Data errors, including errors in mapping, vegetative types and natural features described in volume 1 of the plan; (iv) New issues; (v) Recognition of a need for additional detail or comprehensiveness; or (vi) Data updates; and 6. Map amendments shall be consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Conclusions of Law: I. The proposed map amendments are consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan: a. Ramrod Key Swimming Hole is county -owned and maintained. Therefore, in accordance with Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan, Monroe County may amend the property's land use district designation to Park and Refuge (PR); and b. The community park use of the property is consistent with the purpose of the Recreation (R) Future Land Use Map (FLUM) designation, as set forth in Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan; and c. The proposed Future Land Use Map (FLUM) designation of Recreation (R) corresponds to the proposed Land Use District designation of Park and Refuge (PR); and 2. The proposed map amendments are consistent with the provisions and intent of Chapter 9.5 of the Monroe County Code: a. The community park use of the property is consistent with the purpose of the Park and Refuge (PR) District designation, as set forth in Section 9.5- 224 of the Monroe County Code; and b. The community park use of the property is an as -of -right permitted Use in the Park and Refuge (PR) District, as set forth in Section. 9.5-253 of the Monroe County Code; and c. The proposed Land Use District designation of Park and Refuge (PR) corresponds to the proposed Future Land Use Map (FLUM) designation of Recreation (R); and 3. The proposed map amendments shall not relieve particular hardships, nor confer special privileges or rights on any person, nor permit a change in community character, as analyzed in the Monroe County Year 2010 Comprehensive Plan; and 4. The proposed map amendments meet two (2) of the factors set forth in Section 9.5-511(d)(5)b of the Monroe County Code: (iv) New issues and (v) Recognition of a need for additional detail or comprehensiveness.; and 5. The proposed map amendments are consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, Planning & Environmental Resources Department Staff have found that all of the required standards shall be met and recommended approval of the application; and WHEREAS, the Monroe County Planning Commission held a public hearing in Marathon on November 7, 2007 and based on the facts presented at the meeting, the Planning Commission recommended approval of the request as memorialized in Planning Commission Resolution No. P56-07; and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. The Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The previously described properties, which are currently designated Residential Conservation (RC) shall be designated Recreation (R) as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. 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. The repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. Section 6. This ordinance does not affect prosecutions for ordinance violations committed prior to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not affect the validity of any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any ordinance. Section 7. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the ordinance. (This area has been intentionally left blank) PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 1 Sth day of October, A.D., 2008. Mayor Mario Di Gennaro Yes Mayor Pro Tern Charles "Sonny" McCoy _ Yea Commissioner Dixie Spehar Yes Commissioner George Neugent Yea Commissioner Sylvia Murphy yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Mario Di Gennaro r. KOLHAGE, CLERK DEPUTY C RK Exhibit 1 to Ordinance# 021 -2008 Niles Channel The Monroe County Future Land Use District Map is amended as indicated above. RE 00211090-000000 and RE 00211100-000000 - Change Future Land Use Map N Designation from Residential Commercial (RC) to Recreation (R). A /. ! r0 k \ al. « | M11000 C,� BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20 2010 Division: Growth Management Bulk Item: Yes _ No X Department: Planning & Environmental Resources Staff Contact Person/Phone #: Christine Hurley / 289-2517 Joseoh Haberman / 289-2532 AGENDA ITEM WORDING: A public hearing to consider an Ordinance by the BOCC to amend the land use district designation from Suburban Commercial (SC) to Park and Refuge (PR) for the property commonly known as the Big Pine Key Park, legally described as Whispering Pines Plat No. 3, PB4-59, Big Pine Key Tract A, Big Pine Key, Monroe County, Florida, having real estate number 00286360.000000. ITEM BACKGROUND: The Monroe County Planning & Environmental Resources Department is requesting approval to amend the land use district designation from Suburban Commercial (SC) to Park and Refuge (PR) in accordance with Section 102-158 of the Monroe County Code. Prior to the 1986 adoption of the county's current land development regulations and their associated land use district maps, the subject property was within a RU-3 district (Multiple -Family Residential). In 1986, as part of a county -wide rezoning, the land use district designation of the subject property was amended to SC. In 1997, the subject property was given a Future Land Use Map (FLUM) designation of Mixed Use / Commercial (MC) with the adoption of the future land use maps. In 2002, the Monroe County Comprehensive Plan Land Authority purchased the property and conveyed it to the BOCC for development as a park. In 2007, the Monroe County Facilities Development Department applied for a minor conditional use permit in order to develop a community park on the property. The conditional use permit application was approved by the Director of Planning & Environmental Resources with conditions. The approval was recorded in Development Review Committee Development Order #03-07. The Planning & Environmental Resources Department opened a file to amend both the FLUM designation (from MC to R) and land use district designation (from SC to PR) of the subject property on August 15, 2007. The land use district amendment from SC to PR was processed concurrently with the FLUM amendment from MC to R at the Development Review Committee and Planning Commission levels. However, at the time, it was policy that FLUM amendments were required to be reviewed and approved by the BOCC and State of Florida Department of Community Affairs prior to a corresponding land use district amendment. The FLUM application was heard and approved by the BOCC at a public hearing on October 15, 2008. The application was heard at the Development Review Committee meeting on August 21, 2007. The application was heard and approved by the Planning Commission at a public hearing on November 7, 2007. PREVIOUS RELEVANT BOCC ACTION: October 15, 2008 — BOCC Approved Ordinance 022-2008 amending the FLUM CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval TOTAL COST: n/a INDIRECT COST: DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes No x AMOUNT PER MONTH: Year APPROVED BY: County Atty x OMB/Purchasing Risk Management _ DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # p4y MONROE COUNTY, FLORIDA - ! 1 1 1 #.. 1 I P.. I 1 Ibla 1 1 ■.:1 a { a If I � 1 1 kl :1 �I IIkII=I WHEREAS, during a regularly scheduled public meeting held on October 20, 2010, the Monroe County Board of County Commissioners conducted a review and consideration of a request filed by the Monroe County Planning & Environmental Resources Department to amend the subject property's Land Use District designation from Suburban Commercial (SC) to Park and Refuge (PR) in accordance with Section 102-158 of the Monroe County Code; and WHEREAS, the subject property, commonly known as Big Pine Key Park, is located at 31009 Atlantis Drive, Big Pine Key, approximate Mile Marker 31, and is legally described as Whispering Pines Plat #3, PB4-59, Big Pine Key Tract A, Monroe County, Florida, having real estate number 00286360.000000; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Findings of Fact: 1. Prior to the 1986 adoption of the county's current land development regulations and their associated land use district maps, the subject property was within a RU-3 district (Multiple -Family Residential). 2. In 1986, as part of a county -wide rezoning, the land use district designation of the subject property was amended to Suburban Commercial (SQ. Page 1 of 5 4. In 2002, the Monroe County Comprehensive Plan Land Authority purchased the property and conveyed it to the BOCC for development as a park. 5. In 2007, the Monroe County Facilities Development Department applied for a minor conditional use permit in order to develop a community park on the property. The conditional use permit application was approved by the Director of Planning & Environmental Resources with conditions. The approval was recorded in Development Review Committee Development Order 903-07. 6. The Planning & Environmental Resources Department opened a file to amend both the FLUM designation (from Mixed Use / Commercial (MC) to Recreation (R)) and land use district designation (from Suburban Commercial (SC) to Park and Refuge (PR)) of the subject property on August 15, 2007. 7. The FLUM/land use district application was reviewed by Development Review Committee at a meeting on August 21, 2007. Staff recommended approval to the BOCC, as memorialized in Development Review Committee Resolution #D21-07. 8. The FLUM/land use district application was heard by the Planning Commission at a public hearing on November 7, 2007. The Planning Commission voted unanimously to recommend approval to the BOCC, as memorialized in Planning Commission Resolution #P57-07. 9. The land use district amendment from Suburban Commercial (SC) to Park and Refuge (PR) was processed concurrently with the FLUM amendment from Mixed Use / Commercial (MC) to Recreation (R) at the Development Review Committee and Planning Commission levels. However, at the time, it was policy that FLUM amendments were required to be reviewed and approved by the BOCC and State of Florida Department of Community Affairs prior to a corresponding land use district amendment. The FLUM application was heard by the BOCC at a public hearing on October 15, 2008. The BOCC voted unanimously to amend the FLUM designation from Mixed Use / Commercial (MC) to Recreation (R), as memorialized in Ordinance #022-2008. 10. Section 102-158 of the Monroe County Code maintains that map amendments are not intended to relieve particular hardships, nor to confer special privileges or rights on any person, nor to permit a change in community character, as analyzed in Monroe County Year 2010 Comprehensive Plan, but only to make necessary adjustments in light of changed conditions. 11. Pursuant to Section 102-158(d)(5)b. of the Monroe County Code, the Board of County Commissioners may consider the adoption of an ordinance enacting the proposed change based on one or more of the following factors: (i) Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based; (ii) Changed assumptions (e.g., regarding demographic trends); (iii) Data errors, including errors in mapping, vegetative types and natural features described in volume 1 of the plan; (iv) New issues; (v) Recognition of a need for additional detail or comprehensiveness; or (vi) Data updates. 12. Map amendments shall be consistent with the policies of the Monroe County Comprehensive Plan. 13. Map amendments shall be consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and Page 2 of 5 WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Conclusions of Law: 1. The proposed map amendment is consistent with the provisions of the Monroe County Code: a. The existing use of the property is consistent with the purpose of the Park and Refuge (PR) district, as set forth in Section 130-41 of the Monroe County Code; b. The existing use of the property is a permitted use in the Park and Refuge (PR) district, as set forth in Section 130-91 of the Monroe County Code; c. As required by Section 102-158 of the Monroe County Code, the proposed map amendment shall not relieve particular hardships, nor confer special privileges or rights on any person, nor permit a change in community character, as analyzed in the Monroe County Year 2010 Comprehensive Plan; and d. The proposed map amendment meets one of the factors set forth in Section 102- 158(d)(5)b. of the Monroe County Code: (iv) New issues. 2. The proposed map amendment is consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan: a. The existing use of the property is consistent with the purpose of the Recreation (R) FLU M designation, as set forth in Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan; and b. The Park and Refuge (PR) district designation corresponds to the FLUM designation of Recreation (R), as set forth in Policy 101.4.21 of the Monroe County Year 2010 Comprehensive Plan. 3. The proposed map amendment is not inconsistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, the application was heard at a Development Review Committee meeting on August 21, 2007. Planning & Environmental Resources Department Staff found that all required standards shall be met and recommended approval of the application, as memorialized in Development Review Committee Resolution #D21-07; and WHEREAS, the application was heard by the Planning Commission at a public hearing on November 7, 2007. The Planning Commission voted unanimously to recommend approval of the application as memorialized in Planning Commission Resolution #P57-07; and NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOART OF COUNTY COMMISSIONERS: 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 as Suburban Commercial (SC) shall be designated Park and Refuge (PR) as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. Page 3 of 5 Section 3. The Official Land Use District Map of Monroe County shall be amended as delineated in Section 2 above. Section 4. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 5. All ordinances or parts of ordinance in conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. Section 6. This ordinance does not affect prosecutions for ordinance violations committed prior to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not affect the validity of any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any ordinance. Section 7. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs as required by F.S. 380.05 (11) and F.S. 380.0552(9). Section 8. 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 approving the ordinance. Section 9. This ordinance shall become effective as provided by law and stated above. (This area is intentionally left blank) Page 4 of 5 LO-Z Mayor Sylvia Murphy Mayor pro to Heather Carruthers Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington -2 Mayor Sylvia Murphy Page 5 of 5 !Tdicatod above. Proposal: Land Use change for RE 00286360-000000 (10.2 Acres) from Suburban Commercial (SC) to N Parks and Refuge (PR) Date of Adoption: Map Created on: September 24, 2010 Planning Horizon: 2010 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 }t �t sE. I M- MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: The Monroe County Board of Country Commissioners (BOCC) Through: Christine Hurley, AICP, Director of Growth Management Townsley Schwab, Senior Director of Planning & Environmental Resources From: Joseph Haberman, AICP, Principal Planner Date: September 24, 2010 Subject: Request far an Amendment to the Land Use District Map from Suburban Commercial (SC) to Park and Refuge (PR), Big Pine Key Parr Big Pine Key, having real estate number 00286360.000000 r.. nF: October 2010 KIm A request for approval to amend the land use district designation from Suburban Commercial (SC) to Park and Refuge (PR). Subject Property (2009) Page 1 of 10 I Location: 3 Address: Big Pine Key Park, 31009 Atlantis Drive, Big Pine Key, mile marker 31 (Gulf of Mexico side of US 1) Legal Description: Whispering Pines Plat No. 3, P134-59, Big Pine Key Tract A 8 Real Estate (RE) Number: 00286360.000000 9 10 Applicant/Petitioner: Monroe County Planning & Environmental Resources Department 11 12 Property Owner: Monroe County 13 14 II RELEVANT PRIOR COUNTY ACTIONS 15 16 Prior to the 1986 adoption of the county's current land development regulations and their 17 associated land use district maps, the subject property was within a RU-3 district (Multiple- 18 Family Residential). 19 20 In 1986, as part of a county -wide rezoning, the land use district designation of the subject 21 property was amended to SC. 22 23 In 1997, the subject property was given a Future Land Use Map (FLUM) designation of 24 Mixed Use / Commercial (MC) with the adoption of the future land use maps. 25 26 In 2002, the Monroe County Comprehensive Plan Land Authority purchased the property 27 and conveyed it to the BOCC for development as a park. 28 29 In 2007, the Monroe County Facilities Development Department applied for a minor 30 conditional use permit in order to develop a community park on the property. The 31 conditional use permit application was approved by the Director of Planning & 32 Environmental Resources with conditions. The approval was recorded in Development 33 Review Committee Development Order #03-07. 34 35 The Planning & Environmental Resources Department opened a file to amend both the 36 FLUM designation (from MC to R) and land use district designation (from SC to PR) of the 37 subject property on August 15, 2007. 38 39 The FLUM/land use district application was reviewed by Development Review Committee at 40 a meeting on August 21, 2007. Staff recommended approval to the BOCC, as memorialized 41 in Development Review Committee Resolution #D21-07. 42 43 The FLUM/land use district application was heard by the Planning Commission at a public 44 hearing on November 7, 2007. The Planning Commission voted unanimously to recommend 45 approval to the BOCC, as memorialized in Planning Commission Resolution #P57-07. 46 47 The land use district amendment from SC to PR was processed concurrently with the FLUM 48 amendment from MC to R at the Development Review Committee and Planning Commission 49 levels. However, at the time, it was policy that FLUM amendments were required to be Page 2 of 10 1 2 3 4 5 6 7 8 9 reviewed and approved by the BOCC and State of Florida Department of Community Affairs prior to a corresponding land use district amendment. The FLUM application was heard by the BOCC at a public hearing on October 15, 2008. The BOCC voted unanimously to amend the FLUM designation from MC to I, as memorialized in Ordinance #022-2008. A. Size of Site: 436,036 SF (10.01 acres) B. Land Use District: SC C. FLUM Designation: R D. Tier Designation: Tier 3 E. Flood Zone: Part AE — EL 8, part AE — EL 9 and part VE — EL 10 F. Existing Use: Community park G. Existing Vegetation / Habitat: Developed H. Community Character of Immediate Vicinity: Single-family residential A. Consistency of the proposed amendment with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan: Staff has determined that the proposed map amendment is not inconsistent with the provisions and intent of the Year 2010 Comprehensive Plan. The applicant is not proposing an amendment to the FLUM designation of R. Policies from the 2010 Comprehensive Plan that directly pertain to the proposed amendment include: Policy 101.4.9: The principal purpose of the R land use category is to provide for public and private activity -based and resource -based recreational facilities. 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 Man and described in Policies 101.4.1 - 101.4.17: Future Land Use Densities and Intensities Future Land Use Category Allocated Density Maximum Net Maximum And Corresponding Zoning (per acre) Density Intensity (per buildable acre) (floor area ratio) Recreation (R) 0.25 du n/a 0.20 (PR zoning) 2 rooms/spaces n/a Policy 1201.4.1: Existing county -owned neighborhood and community parks shall be assigned to the PR land use district. Policy 1201.4.2: Upon fee simple acquisition, new county -owned neighborhood and community park sites shall be reassigned to the PR land use district. I Goals, Strategies and Action Items from the Master Plan for Future Development of Big 2 Pine Key and No Name Key that directly pertain to the proposed development include: 3 4 Goal 6: Provide facilities for the active and passive recreational needs of all age groups 5 in the community while avoiding unnecessary impacts to the protected species. 6 7 Strategy 6.1: Plan for recreational and community facilities over the next 20 years to be 8 consistent with the community vision and development plan selected through the Livable 9 CommuniKeys planning process to meet the needs of Big Pine Key and No Name Key 10 residents. Planned facilities shall also be consistent with the incidental take permit and 11 the accompanying Habitat Conservation Plan for the Florida Key Deer and Other 12 Protected Species. 13 14 Action Item 6.1.1: Designate and develop the property currently known as "Mariners 15 Resort" for the purpose of meeting the active recreation needs of the community over the 16 twenty-year planning horizon. 17 18 B. Consistency of the proposed amendment with the provisions and intent of the Monroe County 19 Code, Land Development Code: 20 21 In accordance with MCC §102-158(d)(5)b., the BOCC may consider the adoption of an 22 ordinance enacting the proposed change based on one or more of the following factors: 23 24 1. Changed projections (e.g., regarding public service needs) from those on which the text 25 or boundary was based: 26 27 Staff has not identified any changed projections from those on which the boundary was 28 based that would necessitate the amendment of the subject property's land use district 29 from SC to PR. 30 31 2. Changed assumptions (e.g., regarding demographic trends): 32 33 Staff has not identified any changed assumptions that would necessitate the amendment 34 of the subject property's land use district from SC to PR. 35 36 3. Data errors, including errors in mapping, vegetative types and natural features described 37 in Volume 1 of the Year 2010 Comprehensive Plan: 38 39 Staff has not identified any data errors that would necessitate the amendment of the 40 subject property's land use district from SC to PR. 41 42 4. New issues: 43 44 A mixed -use resort was developed on the property in the 1950s. However, the resort 45 went out of operation in the early 1980s and the property's transient residential and 46 commercial uses were discontinued at that time. EMU= 1 2 During the Livable CommuniKeys planning process for Big Pine Key and No Name Key, 3 the property was identified as a location that would fulfill a community need for one 4 large recreational site. Based upon that determination, the Monroe County 5 Comprehensive Plan Land Authority purchased the property in 2002 and conveyed it to 6 the BOCC for development as a community park. In 2007, a minor conditional use 7 permit was approved in order to develop a community park on the property. 8 9 Since no adjacent properties have a land use district designation of SC or a FLUM 10 designation of MC, Staff determined that the subject property was provided its current 11 designations by reason of its historic transient residential and commercial uses. The 12 property was designated as SC in 1986 and MC in 1997. Both dates were before a 13 community park was planned for the site. 14 15 Although the Big Pine Key Park was permitted with minor conditional use permit 16 approval under its current designation of SC, Staff has found that park and public uses are 17 more consistent with the purpose of the PR district than the purpose of the SC district. 18 19 Furthermore, Staff has found that under a PR district designation, the review process for 20 building permits would be better facilitated. In the SC district, parks and community 21 parks may be permitted only with minor conditional use permit approval. However, 22 under a PR district designation, future park -related development may be permitted as-of- 23 right. 24 25 5. Recognition of a need far additional detail or comprehensiveness: 26 27 Staff has not identified any recognition of a need for additional detail or 28 comprehensiveness that would necessitate the amendment of the subject property's land 29 use district from SC to PR. 30 31 6. Data updates: 32 33 Staff has not identified any data updates that would necessitate the amendment of the 34 subject property's land use district from SC to PR. 35 36 Impact on Co unity Character. 37 38 MCC § 102-158 maintains that map amendments are not intended to relieve particular 39 hardships, nor to confer special privileges or rights on any person, nor to permit a change in 40 community character, as analyzed in the Year 2010 Comprehensive Plan, but only to make 41 necessary adjustments in light of changed conditions. 42 43 The corrimunity character of the area is single-family residential. Staff has found that a 44 community park benefits the general public by providing passive recreational opportunities 45 of the community and is consistent with the single-family residential character. 46 Page 5 of 10 I Land Use District Purposes: 2 3 MCC § 130-43: The purpose of the SC district is to establish areas for commercial uses 4 designed and intended primarily to serve the needs of the immediate planning area in which 5 they are located. This district should be established at locations convenient and accessible to 6 residential areas without use of US 1. 7 8 MCC § 130-41: The purpose of the PR district is to establish and protect areas as parks, 9 recreational areas and wildlife refuges. 10 11 The purpose of the PR district is consistent with the immediate vicinity. 12 13 Land Use District Permitted Uses. 14 15 § 130-93. SC district 16 17 (a) The following uses are permitted as of right in the SC district: 18 (1) Commercial retail, low and medium -intensity and office uses or any 19 combination thereof of less than 2,500 SF of floor area; 20 (2) Institutional residential uses, involving less than 10 dwelling units or rooms; 21 (3) Commercial apartments involving less than six dwelling units in; 22 (4) Commercial recreational uses limited to: a) Bowling alleys; b) Tennis and 23 racquet ball courts; c) Miniature golf and driving ranges; d) Theaters; e) Health 24 clubs; and f) Swimming pools; 25 (5) Institutional uses; 26 (6) Public buildings and uses; 27 (7) Accessory uses; 28 (8) Storage areas, provided that the area does not exceed 25 percent of the gross 29 area of the parcel proposed for development; if such areas exceed 25 percent, then 30 approval must be obtained pursuant to § 130-93(b)(8); 31 (9) Vacation rental use of nonconforming detached and attached dwelling units, if 32 a special vacation rental permit is obtained under the regulations established in 33 §134-1; 34 (10) Collocations on existing antenna -supporting structures, pursuant to §146- 35 5(3); 36 (11) Attached wireless communications facilities, as accessory uses, pursuant to 37 § 146-5(4); 38 (12) Replacement of an existing antenna -supporting structure pursuant to § 146- 39 5(2); 40 (13) Stealth wireless communications facilities, as accessory uses, pursuant to 41 § 146-5(5); 42 (14) Satellite earth stations, as accessory uses, pursuant to §146-5(6); 43 (15) Attached and unattached residential dwellings involving less than six units, 44 designated as employee housing as provided for in § 130-161; and 45 (16) Wastewater nutrient reduction cluster systems that serve less than 10 46 residences. Page 6 of 10 2 (b) The following uses are permitted as minor conditional uses in the SC district, subject 3 to the standards and procedures set forth in chapter 110, article III: 4 (1) Commercial retail, low and medium -intensity and office uses or any 5 combination thereof of greater than 2,500 SF but less than 10,000 SF of floor 6 area, provided that access to US 1 is by way of. a) An existing curb cut; b) A 7 signalized intersection; or c) A curb cut that is separated from any other curb cut 8 on the same side of US 1 by at least 400 feet; 9 (2) Commercial retail uses of high intensity of less than 2,500 SF in floor area; 10 provided that access to US 1 is by way of. a) An existing curb cut; b) A signalized 11 intersection; or c) A curb cut that is separated from any other curb cut on the same 12 side of US 1 by at least 400 feet; 13 (3) Institutional residential uses involving 10 to 20 dwelling units or rooms, 14 provided that: a) The use is compatible with land use established in the immediate 15 vicinity of the parcel proposed for development; b) Access to US 1 is by way of: 16 1) An existing curb cut; 2) A signalized intersection; or 3) A curb cut that is 17 separated from another curb cut on the same side of US 1 by at least 400 feet; 18 (4) Commercial apartments involving six to 18 dwelling units, provided that: a) 19 The hours of operation of the commercial uses are compatible with residential 20 uses; b) Access to US 1 is by way of. 1) An existing curb cut; 2) A signalized 21 intersection; or 3) A curb cut that is separated from any other curb cut on the same 22 side of US 1 by at least 400 feet; c) Tourist housing uses, including vacation 23 rental uses, of commercial apartments are prohibited; 24 (5) Hotels of fewer than 25 rooms, provided that: a) The use is compatible with 25 established land uses in the immediate vicinity; and b) One or more of the 26 following amenities are available to guests: 1) Swimming pool, 2) Manna, or 3) 27 Tennis courts; 28 (6) Campgrounds, provided that: a) The parcel proposed for development has an 29 area of at least five acres; b) The operator of the campground is the holder of a 30 valid county business license; c) If the use involves the sale of goods and services, 31 other than the rental of camping sites or recreational vehicle parking spaces, such 32 use does not exceed 1,000 SF and is designed to serve the needs of the 33 campground; and d) The parcel proposed for development is separated from all 34 adjacent parcels of land by at least a class C bufferyard; 35 (7) Light industrial uses, provided that: a) The parcel proposed for development 36 does not have an area of greater than two acres; b) The parcel proposed for 37 development is separated from any established residential use by at least a class C 38 bufferyard; and c) All outside storage areas are screened from adjacent use by a 39 solid fence, wall or hedge at least six feet in height; 40 (8) Parks and community parks; and 41 (9) Attached and unattached residential dwellings involving six to 18 units, 42 designated as employee housing as provided for in §130-161. 43 44 (c) The following uses are permitted as major conditional uses in the SC district subject 45 to the standards and procedures set forth in chapter 110, article III: Page 7 of 10 (1) Commercial retail of low and medium -intensity and office uses or any 2 combination thereof greater than 10,000 SF in floor area, provided that access to 3 US 1 is by way of: a) An existing curb cut; b) A signalized intersection; or c) A 4 curb cut that is separated from any other curb cut on the same side of US 1 by at 5 least 400 feet; 6 (2) Commercial retail uses of high intensity greater than 2,500 SF in floor area, 7 provided that access to US 1 is by way of: a) An existing curb cut; b) A signalized 8 intersection; or c) A curb cut that is separated from any other curb cut on the same 9 side of US 1 by at least 400 feet; 10 (3) Institutional residential uses involving 20 or more dwelling units or rooms; 11 provided that: a) The use is compatible with land use established in the immediate 12 vicinity of the parcel proposed for development; b) Access to US 1 is by way of: 13 1) An existing curb cut; 2) A signalized intersection; or 3) A curb cut that is 14 separated from any other curb cut on the same side of US 1 by at least 400 feet; c) 15 Tourist housing uses, including vacation rental uses, of institutional residential 16 units are prohibited; 17 (4) Hotels providing 25 or more rooms, provided that: a) The hotel has restaurant 18 facilities on or adjacent to the premises; and b) Access to US 1 is by way of: 1) 19 An existing curb cut; 2) A signalized intersection; or 3) A curb cut that is 20 separated from any other curb cut on the same side of US 1 by at least 400 feet; 21 (5) Marinas, provided that: a) The parcel proposed for development has access to 22 water at least four feet below mean sea level at mean low tide; b) The sale of 23 goods and services is limited to fuel, food, boating, diving and sport fishing 24 products; c) All outside storage areas are screened from adjacent uses by a fence, 25 wall or hedge of at least six feet in height; d) Any commercial fishing activities 26 are limited to the landing of catch, mooring and docking of boats and storage of 27 traps and other fishing equipment; and e) Each non -waterside perimeter setback 28 of the parcel proposed for development must have a class C bufferyard within a 29 side yard setback of 10 feet; 30 (6) Mariculture, provided that: a) The use is compatible with land uses established 31 in the immediate vicinity of the parcel proposed for development; b) The parcel 32 proposed for development is separated from any established residential use by at 33 least a class C bufferyard; and c) All outside storage areas are screened from 34 adjacent uses by a solid fence, wall or hedge at least six feet in height; 35 (7) Heliports or seaplane ports, provided that: a) The helicopter is associated with 36 a government service facility, a law enforcement element or a medical services 37 facility; b) The heliport or seaplane port is a Federal Aviation Administration 38 certified landing facility; c) The landing and departure approaches do not pass 39 over established residential uses or known bird rookeries; d) If there are 40 established residential uses within 500 feet of the parcel proposed for 41 development, the hours of operation and nonemergency aircraft shall be limited to 42 daylight; and e) The use is fenced or otherwise secured from entry by 43 unauthorized persons; 44 (8) New antenna -supporting structures, pursuant to § 146-5 (1); 45 (9) Land use overlays A, E, PF, subject to the provisions of article IV of this 46 chapter; and Page $ of 10 19 ,IMCC§1307.15!'A;ax, A 31 imiurn resid6ntiifde ,n 'i and dlsirici'o n space," ty, Land Use District Allocated Density (unitstacre) Maximum Net Density (units/buildable acre) Open Space Ratio SC 3 6 0.20 SC (Employee_ Housing) 3 18 0.20 PR 0.25 0 0.9 Page 9 of 10 s The residential density allowances of MCC §130-157 for PR are significantly less than thos,; for SC. It should also be noted that per MCC § 130-157, the open space ratio for PR (0.90) is more restrictive than that assigned to SC (0.20) MCC:` 134�1b2 aximum,',1k6i -M 4',"Recreational "Jehicle andInstiiiail "i" i Land Use District Allocated Density (units/acre) Maximum Net Density (unitstbuildable acre) Open Space Ratio SIC (Hotel) 10 15 0.0 SC (Institutional Rental) 5* 20* 0.0 SC (Recreational Rental) 10* 10* 0.0 PR (Campground) 5 10 0.9 Recreational vehicle or carnneround soaces per acre The residential density allowances of §130-162 for PR are less than those for SC. It shoufi also be noted that per MCC §130-157, the open space ratio for PR (0.90) is more restricti than that assigned to SC (0.00) 1 aXIMUM NOnresji OtIg An Use,Intensities` and i7istrict 4 en S Land Use District Maximum Floor Area Ratio Open Space Ratio SIC (Low Commercial Retail) 0.35 0.20 SC (Medium Commercial Retail) 0.25 0,20 SC (Hi o Commercial Retail) 0.15 0.20 SC (Offices) 0.40 0.20 SC (Commercial Recreational) 0.10 0.20 SIC (Institutional) 0.30 0.20 SC (Outdoor Recreational).... 0.10 0.20 SC (Public Uses) 0.30 0.20 SC (Light lndusqy 0.30 0.20 PR (Public Uses) 1 0.20 0.90 'M I C71 7 19TI =01 1'"M ST Th 9 7 re F -&0 1 Ito It for SC. Further, although both districts provide a floor area ratio for public uses, the SC district allows several other types of nonresidential uses as well. It should also be noted that per MCC §130-164, the open space ratio for PR (0-90) is more restrictive than that assigned to SC (0.20) Impact on Public Facilitks: The site is already developed to plan. As the property is county -owned and it is not contemplated to be developed any further at this time, the amendment would not finther impact public facilities. zmc• . W M.1"R7,7710 ORTM-r. Page 10 of 10 ORDINANCE NO. 092 -2008 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE REQUEST BY THE MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND THE FUTURE LAND USE MAP (FLUM) DESIGNATION FROM MIXED USE / COMMERCIAL (MC) TO RECREATION (R) OF PROPERTY LEGALLY DESCRIBED AS WHISPERING PINES PLAT NO. 3, PB4-59, BIG PINE KEY TRACT A, BIG PINE KEY, MONROE COUNTY, FLORIDA, HAVING REAL ESTATE NUMBER 00286360.000000. WHEREAS, during a regularly scheduled public meeting held on March 19, 2008, the Monroe County Board of County Commissioners conducted a review and consideration of a request filed by the Monroe County Department of Planning & Environmental Resources to amend the subject property's Future Land Use Map (FLUM) designation from Mixed Use / Commercial (MC) to Recreation (R) in accordance with Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan and Section 9.5- 511 of the Monroe County Code; and WHEREAS, the subject property, commonly known as Big Pine Key Park, is located at 31009 Atlantis Drive, Big Pine Key, approximate Mile Marker 31, and is legally described as Whispering Pines Plat #3, P134-59, Big Pine Key Tract A, Monroe County, Florida, having Real Estate Number 00286360.000000; and WHEREAS, as part of the Livable CommuniKeys planning process for Big Pine Key and No Name Key, Staff planned for recreational and community facilities that would meet the needs of the community's residents. The subject property was identified as a location that would fulfill a community need for one large recreational site; and WHEREAS, in 2002, the Monroe County Comprehensive Plan Land Authority purchased the property and conveyed the property to the Monroe County Board of County Commissioners for development as a park; and WHEREAS, on April 10, 2007, the Planning Commission approved the request of the Monroe County Facilities Development Department for a minor conditional use permit in order to construct a new park facility on the subject property; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Findings of Fact: 1. Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan states that upon fee simple acquisition, new county -owned neighborhood and community park sites shall be reassigned to the Park and Refuge (PR) District; and 2. The proposed Future Land Use Map (FLUM) designation is Recreation (R). Policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan states the principal purpose of the Recreation (R) land use category is to provide for public and private activity -based and resource -based recreational facilities; and 3. The proposed Land Use District designation is Park and Refuge (PR). Pursuant to Section 9.5-224 of the Monroe County Code, the purpose of the Park and Refuge (PR) District is to establish and protect areas as parks, recreational areas and wildlife refuges; and 4. Section 9.5-511(a) of the Monroe County Code maintains that map amendments are not intended to relieve particular hardships, nor to confer special privileges or rights on any person, nor to permit a change in community character, as analyzed in Monroe County Year 2010 Comprehensive Plan, but only to make necessary adjustments in light of changed conditions; and 5. Pursuant to Section 9.5-511(d)(5)b of the Monroe County Code, the Monroe County Board of County Commissioners may consider the adoption of an ordinance enacting the proposed change based on one (1) or more of the following factors: (i) Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based; (ii) Changed assumptions (e.g., regarding demographic trends); (iii) Data errors, including errors in mapping, vegetative types and natural features described in volume l of the plan; (iv) New issues; (v) Recognition of a need for additional detail or comprehensiveness; or (vi) Data updates; and 6. Map amendments shall be consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Conclusions of Law: 1. The proposed map amendments are consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan: a. Big Pine Key Park is county -owned and maintained. Therefore, in accordance with Policy 1201.4.2 of the Monroe County Year 2010 Comprehensive Plan, Monroe County is mandated to amend the property's land use district designation to Park and Refuge (PR); and b. The community park use of the property is consistent with the purpose of the Recreation (R) Future Land Use Map (FLUM) designation, as set forth in policy 101.4.9 of the Monroe County Year 2010 Comprehensive Plan; and c. The proposed Future Land Use Map (FLUM) designation of Recreation (R) corresponds to the proposed Land Use District designation of Park and Refuge (PR); and 2. The proposed map amendments are consistent with the provisions and intent of Chapter 9.5 of the Monroe County Code: a. The community park use of the property is consistent with the purpose of the Park and Refuge (PR) District designation, as set forth in Section 9.5- 224 of the Monroe County Code; and b. The community park use of the property is an as -of -right permitted use in the Park and Refuge (PR) District, as set forth in Section. 9.5-253 of the Monroe County Code; and c. The proposed Land Use District designation of Park and Refuge (PR) corresponds to the proposed Future Land Use Map (FLUM) designation of Recreation (R); and The Big Pine Key Park has been approved, as recorded in Monroe County Development Order No. 03-07. Consequently, its approval and future development is not reliant on the proposed map amendments. Therefore, the proposed map amendments shall not relieve particular hardships, nor confer special privileges or rights on any person, nor permit a change in community character, as analyzed in the Monroe County Year 2010 Comprehensive Plan; and 4. The proposed map amendments meet one (1) of the factors set forth in Section 9.5-511(d)(5)b of the Monroe County Code: (iv) New issues; and 5. The proposed map amendments are consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, Planning & Environmental Resources Department Staff have found that all of the required standards shall be met and recommended approval of the application; and WHEREAS, the Monroe County Planning Commission held a public hearing in Marathon on November 7, 2007 and based on the facts presented at the meeting, the Planning Commission recommended approval of the request as memorialized in Planning Commission Resolution No. P57-07; and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Sectionl . The Board specifically adopts the findings of fact and conclusions of law stated above. Section 2. The previously described properties, which are currently designated Mixed Use / Commercial (MC) shall be designated Recreation (R) as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1, 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. The repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. Section 6. This ordinance does not affect prosecutions for ordinance violations committed prior to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not affect the validity of any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any ordinance. Section 7. This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the ordinance. (This area has been intentionally left blank) PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 15rh day of October A.D., 2008. Mayor Mario Di Gennaro ye, Mayor Pro Tern Charles "Sonny" McCoy Yes Commissioner Dixie Spehar Yes Commissioner George Neugent Yes Commissioner Sylvia Murphy Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Mario Di ennaro a0 E COUNYY ArnoRN ?P OVEO A$ t FOR1! co C] _ Exhibit I to Ordinance#022 ! 1' The Monroe County Future Land Use District Map is amended as indicated above. RE 00286360-000000 - Change Future Land Use Map Designation from N Mixed Use/Commercial (MC) to Recreation (R). 0 :1;• ' 1 1 1 1 1 '014 1 Meeting Date: October 20, 2010 Division: Growth Management Bulk Item: Yes _ No X Department: Planning & Environmental Resources Staff Contact Person/Phone #: Christine Hurley / 289-2517 Josoh Haberman / 289-2532 AGENDA ITEM WORDING: A public hearing to consider an Ordinance by the BOCC to amend the land use district designation from Urban Residential Mobile Home- Limited (URM-L) to Urban Residential Mobile Home (URM) for property legally described as Block 34, Lots 1-10 and 16-20, MacDonald's Plat, PB1-55, Stock Island, Monroe County, Florida, having real estate no. 00124560.000000. ITEM BACKGROUND: Adele V. Stones, Stones & Cardenas, on behalf of the property owner, is requesting approval to amend the land use district designation from Urban Residential Mobile Home- Limited (URM-L) to Urban Residential Mobile Home (URM) in accordance with Section 102-158 of the Monroe County Code. Prior to the 1986 adoption of the county's current land development regulations and their associated land use district maps, Lots 1-10 were within a RU-3 district (Multiple Family Residence) and Lots 16-20 were within a BU-2 district (Medium Business). In 1986, as part of a county -wide rezoning, the land use district designation of the subject property was amended to URM. In 1996, the land use district of the subject property was amended to URM-L. In 1997, the subject property was given a Future Land Use Map (FLUM) designation of Residential High (RH) with the adoption of the fixture land use maps. The URM district allows both mobile homes and single-family homes of conventional/modular construction, while the URM-L district allows only mobile homes. The URM-L district was established to allow pure mobile home parks and subdivisions to replace mobile homes at 36" above grade or base flood elevation, whichever is lower. However, in order to safely allow structures of 36" elevation, conventional/modular single-family homes were not permitted. The property owner has applied to amend their land use district designation to URM in order to regain the ability to build structures other than mobile homes; however they will no longer be permitted to construct to only 36" elevation. The application was heard at the DRC meeting on July 27, 2010. The application was heard by the Planning Commission at a public hearing on September 8, 2010. The Planning Commission voted unanimously to recommend approval to the BOCC. PREVIOUS RELEVANT BOCC ACTION: n/a CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: 1 1 1 SOURCE OF FUNDS: REVENUE PRODUCING: Yes No x AMOUNT PER MONTH: Year APPROVED BY: County Atty x OMB/Purchasing Risk Management _ DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # maw11167 i WHEREAS, during a regularly scheduled public meeting held on October 20, 2010, the Monroe County Board of County Commissioners conducted a review and consideration of a request filed by Adele V. Stones, Stones & Cardenas, on behalf of Clarence L. Newman and Thomas G. Newman, as Trustees under the Clarence L. Newman Restated Revocable Trust Agreement dated August 24, 1993, for the benefit of Clarence L. Newman, Clarence L. Newman and Thomas G. Newman, as Trustees under the Vivian C. Newman Restated Revocable Trust Agreement dates August 24, 1993, for the benefit of Vivian C. Newman and Thomas G. Newman and Deborah L. Newman, Trustees, or their Pagel of 5 successors in trust, under the Thomas G. Newman Living Trust, dated November 29, 2005, and any amendments thereto, for the benefit of Thomas G. Newman, to amend the subject property's Land Use District designation from Urban Residential Mobile Horne - Limited (URM-L) to Urban Residential Mobile Home (URM) in accordance with Section 102-158 of the Monroe County Code; and YMEREAS, the subject property, commonly known as Tropic Palms Trailer Park, is located at 6125 Second Street on Stock Island, approximate Mile Marker 5, and is legally described as Block 34, Lots 1-10 and 16-20, MacDonald's Plat (PB1-55), Stock Island, Monroe County, Florida, having real estate number 00124560.000000; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Findings of Fact: 1. The subject property was platted as part of the Maloney subdivision, recorded in plat book 1, page 55. 2. Prior to the 1986 adoption of the county's current land development regulations and their associated land use district maps, Lots 1-10 were within a RU-3 district (Multiple Family Residence) and Lots 16-20 were within a BU-2 district (Medium Business). 3. In 1986, as part of a county -wide rezoning, the land use district designation of the subject property was amended to Urban Residential Mobile Home (URM). 4. In 1996, the land use district of the subject property was amended to Urban Residential Mobile Home- Limited (URM-L). 5. In 1997, the subject property was given a Future Land Use Map (FLUM) designation of Residential High (RH) with the adoption of the future land use maps. 6. On February 21, 2008, Townley Schwab, then Acting Senior Director of Planning & Environmental Resources, provided a letter of development rights determination concerning the subject property. The letter stated that 25 permanent residential units, in the form of mobile homes and recreational vehicles, were lawfully established on the property and thereby may be rebuilt and exempt from the Residential Rate of Growth Ordinance (ROGO) permit allocation system. 7. Section 102-158 of the Monroe County Code maintains that map amendments are not intended to relieve particular hardships, nor to confer special privileges or rights on any person, nor to permit a change in community character, as analyzed in Monroe County Year 2010 Comprehensive Plan, but only to make necessary adjustments in light of changed conditions. 8. Pursuant to Section 102-158(d)(5)b. of the Monroe County Code, the Board of County Commissioners may consider the adoption of an ordinance enacting the proposed change based on one or more of the following factors: (i) Changed projections (e.g., regarding public service needs) from those on which the text or boundary was based; (ii) Changed assumptions (e.g., regarding demographic trends); (iii) Data errors, including errors in mapping, vegetative types and natural features described in volume 1 of the plan; (iv) New issues; (v) Recognition of a need for additional detail or comprehensiveness; or (vi) Data updates. Page 2 of 5 9. Map amendments shall be consistent with the policies of the Monroe County Comprehensive Plan. 10. Map amendments shall be consistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, based upon the information and documentation submitted, the Board of County Commissioners makes the following Conclusions of Law: 1. The proposed map amendment is consistent with the provisions of the Monroe County Code: a. The existing use of the property is consistent with the purpose of the Urban Residential Mobile Home (URM) district, as set forth in Section 130-49 of the Monroe County Code; b. The existing use of the property is an as -of -right permitted use in the Urban Residential Mobile Home (URM) district, as set forth in Section. 130-99 of the Monroe County Code; c. As required by Section 102-158 of the Monroe County Code, the proposed map amendment shall not relieve particular hardships, nor confer special privileges or rights on any person, nor permit a change in community character, as analyzed in the Monroe County Year 2010 Comprehensive Plan; and d. The proposed map amendment meets one (1) of the factors set forth in Section 102-158(d)(5)b. of the Monroe County Code: (iv) New issues. 2. The proposed map amendment is consistent with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan: a. The existing use of the property is consistent with the purpose of the Residential High (RH) Future Land Use Map (FLUM) designation, as set forth in Policy 10 1.4.4 of the Monroe County Year 2010 Comprehensive Plan; and b. The Urban Residential Mobile Home (URM) district designation corresponds to the Future Land Use Map (FLUM) designation of Residential High (RH), as set forth in Policy 101.4.21 of the Monroe County Year 2010 Comprehensive Plan. 3. The proposed map amendment is not inconsistent with the Principles for Guiding Development in the Florida Keys Area of Critical State Concern; and WHEREAS, the application was heard at a Development Review Committee meeting on July 27, 2010. Planning & Environmental Resources Department Staff found that all required standards shall be met and recommended approval of the application; and WHEREAS, the application was heard by the Planning Commission at a public hearing on September 8, 2010. The Planning Commission voted unanimously to recommend approval of the application as memorialized in Planning Commission Resolution No. P27-10; and Page 3 of 5 -.6 1: 1131 Qrs 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 as Urban Residential Mobile Horne — Limited (URM-L) shall be designated Urban Residential Mobile Home (URM) as shown on the attached map, which is hereby incorporated by reference and attached as Exhibit 1. Section 3. The Official Land Use District Map of Monroe County shall be amended as delineated in Section 2 above. Section 4. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 5. All ordinances or parts of ordinance in conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. Section 6. This ordinance does not affect prosecutions for ordinance violations committed prior to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not waive any fee or penalty due or unpaid on the effective date of this ordinance; and does not affect the validity of any bond or cash deposit posted, filed, or deposited pursuant to the requirements of any ordinance. Section 7. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs as required by F.S. 380.05 (11) and F.S. 380.0552(9). Section 8. 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 approving the ordinance. Section 9. This ordinance shall become effective as provided by law and stated above. Page 4 of 5 ff ASSED AND ADOPTED by the Board of County Cornmissioners of Monroe Coun" Florida at a regular meeting held on the day of 2010. M Mayor Sylvia Murphy Mayor pro tem Heather Carruthers Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington M Iry Mayor Sylvia Murphy Page 5 of 5 asa&dicatad above. Proposal: Land Use change for RE 00124660-000000 (1.9 Acres) from N Urban Residential Mobile Home Limited (URM-L) to Urban Residential Mobile Home(URM) Date of Adoption: Map Created on: September 24, 2010 Planning Horizon: 2010 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 MONROE COUNTY PLANNING & ]ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: The Monroe County Board of County Commissioners (BOCC) Through: Christine Hurley, AICP, Director of Growth Management Townsley Schwab, Senior Director of Planning & Environmental Resources From: Joseph Haberman, AICP, Principal Planner Date: September 24, 20 1E Subject: Requestfor an Amendment to the Land Use District Mapftom Urban Residential Mobile Home -Limited (URM-L) to Urban Residential Mobile Home (URM), Newman Trust Property, aka Tropic Palms Trailer Park; 6125 Second Street, Stock Island, having real estate no. 00124560, 000000 Meeting: October 2010 dwaWsm A request for approval to amend the land use district designation from Urban Residential Mobile Home- Limited (URM-L) to Urban Residential Mobile Home (URM). Subject Property (2009) 1 2 Note: The applicant originally requested approval to amend the land use district designation 3 from URM-L to Urban Residential (UR). Upon review of this initial request, staff was 4 concerned that approval of such an application would result in the creation of several 5 nonconforming uses, as there are existing mobile homes on the site and mobile homes are not 6 permitted in the UR district. In addition, staff was concerned that the maximum net density 7 allowances for the UR district are higher than that allowed in the existing URM-L district. 8 Thus an amendment to UR could result in future applications for additional dwelling units on 9 the site; thereby increasing density on a property within NAS Key West's Air Installation 10 Compatible Use Zone (AICUZ). After discussing the application with the staff at the DRC 11 meeting on June 8, 2010, the applicant decided to modify the application to request a new 12 land use district designation of URM instead of UR. The amended application was 13 considered by staff at the DRC meeting on July 27, 2010. 14 Location: Address: 6125 Second Street, Stock Island, mile marker 5 (ocean side) Legal Description: Block 34, Lots 1-10 and 16-20, MacDonald's Plat, PBI-55 21 Real Estate (RE) Number: 00 1245 60. 000000 22 J1 Applicant: 25 Owner: 57%-Clarence L. Newman and Thomas G. Newman, as Trustees under the 26 Clarence L. Newman Restated Revocable Trust Agreement dated August 24, 1993, for 27 the benefit of Clarence L. Newman / 40%-Clarence L. Newman and Thomas G. 28 Newman, as Trustees under the Vivian C. Newman Restated Revocable Trust Agreement 29 dates August 24, 1993, for the benefit of Vivian C. Newman / 3%-Thomas G. Newman 30 and Deborah L. Newman, Trustees, or their successors in trust, under the Thomas G. 31 Newman Living Trust, dated November 29, 2005, and any amendments thereto, for the B benefit of Thomas G. Newman 34 Agent: Adele V. Stones, Stones & Cardenas 35 36 11 RELEVANT PRIOR COUNTY ACTIONS 37 38 The subject property was platted as part of the Maloney subdivision, recorded in plat book 1, 39 page 55. 40 41 Prior to the 1986 adoption of the county's current land development regulations and their 42 associated land use district maps, Lots 1-10 were within a RU-3 district (Multiple Family 43 Residence) and Lots 16-20 were within a BU-2 district (Medium Business). 44 45 In 1986, as part of a county -wide rezoning, the land use district designation of the subject 46 property was amended to URM. 47 48 In 1996, the land use district of the subject property was amended to URM-L. This 49 amendment was memorialized in Ordinance No. 009-1996. 50 07123M I In 1997, the subject property was given a Future Land Use Map (FLUM) designation of 2 Residential High (RH) with the adoption of the future land use maps. 4 On February 21, 2008, Townsley Schwab, then Acting Senior Director of Planning & 5 Environmental Resources, provided a letter of development rights determination to the 6 applicant. The letter stated that 25 permanent residential units, in the form of mobile homes 7 and RVs, were lawfully established on the property and thereby may be rebuilt and exempt 8 from the Residential Rate of Growth Ordinance (ROGO) permit allocation system. 9 10 The application was heard at the DRC meeting on July 27, 2010. Staff recommended 11 approval to the BOCC. 12 13 The application was heard by the Planning commission at a public hearing on September 8, 14 2010. The Planning Commission voted unanimously to recommend approval to the BOCC. 15 16 111 BACKGROUND INFORMATION 17 18 A. Size of Site: approx. 82,764 SF (1.90 acres) 19 B. Land Use District: URM-L 20 C. FLUM Designation: RH 21 D. Tier Designation: Tier 3 22 E. Flood Zone: Part AE — EL 9 and part AE — EL 10 23 F. Existing Use: Mobile Home Park 24 G. Existing Vegetation / Habitat: Scarified, developed land 25 H. Community Character of Immediate Vicinity: Mixed Use: Commercial businesses along 26 the US I corridor and single-family residences and mobile homes along Maloney Avenue 27 I. 1977 AICUZ (recognized by county ordinance): Noise Zone 2 28 J. 2007 AICUZ: Noise Zone 2 29 30 IV REVIEW OF APPLICATION 31 32 A. Consistency of the proposed amendment with the provisions and intent of the Monroe County 33 Year 2010 Comprehensive Plan: 34 35 Staff has determined that the proposed map amendment is not inconsistent with the 36 provisions and intent of the Year 2010 Comprehensive Plan. 37 38 The applicant is not proposing an amendment to the FLUM designation of RH. Policies from 39 the 2010 Comprehensive Plan that directly pertain to the proposed amendment include: 40 41 Policy 101.4.4: The principal purpose of the RH category is to provide for high density 42 single-family, multi -family, and institutional residential development, including mobile 43 homes and manufactured housing, located near employment centers. In addition, Monroe 44 County shall adopt Land Development Regulations (LDR's) which allow nonresidential 45 uses that were listed as a permitted use in the LDR's that were in effect immediately prior 46 to the institution of the 2010 Comprehensive Plan, and that lawfully existed on such lands Page 3 of 13 I on January 4, 1996 to develop, redevelop, reestablish and/or substantially improve 2 provided that the use is limited in intensity, floor area, density and to the type of use that 3 existed on January 4, 1996 or limited to what the pre-201 0 LDR's allowed, whichever is 4 more restricted. 5 6 Policy 101.4.21: Monroe County hereby adopts the following density and intensity 7 standards for the future land use categories, which are shown on the Future Land Use 8 Map and described in Policies 101.4.1 - 101.4.17: 1! Future Land Use Densities and Intensities Future Land Use Category Allocated Density Maximum Net Maximum And Corresponding Zoning (per acre) Density Intensity (per buildable acre) (floor area ratio) Residential High (RH) approx. 3-16 du 12 du 0 (IS-D(e), URM'e), and UR(f) zoning) (1 -2 du/Iot) 20 moms/spaces 10 rooms/spaces Notes: (e) The allocated density for IS-D and URM zoning shall be 2 and I dwelling units per lot, respectively and the maximum net density bonuses shall not be available. (f) The maximum net density for the UR district shall be 25 for units where all units are designated as —affordable housing. 10 I I Policy 10 1. 7 2: By January 4, 1998, Monroe County shall complete a community plan 12 for Stock Island which shall address redevelopment needs identified by the needs 13 assessment of potential redevelopment areas. Preparation and funding of this plan shall 14 be coordinated with the City of Key West. 15 16 Policy 101.14.2: Monroe County shall prohibit the placement of mobile homes within 17 the Coastal High Hazard Area (CHHA) except on an approved lot within an existing 18 mobile home park or subdivision zoned for such use. 19 20 Policy 2173.2: Monroe County shall prohibit the construction of mobile homes within 21 the CHHA except on an approved lot within an existing mobile home park or subdivision 22 zoned for such use as of the effective date of this plan. 23 24 Staff has determined that the proposed map amendment is not inconsistent with the 25 provisions and intent of the Master Plan for the Future Development of Stock Island and Key 26 Haven. Action Items from the Master Plan for the Future Development of Stock Island and 27 Key Haven that directly pertain to the proposed amendment include: 28 29 Action Item 2.33: Continue to recognize land use districts and FLUM categories as the 30 regulatory tool used for evaluating individual proposals for compliance with land 31 development standards such as type of use and intensity of use. 32 33 B. Consistency of the proposed amendment with the provisions and intent of the Monroe County 34 Code, Land Development Code: U�� 2 In accordance with MCC §102-158(d)(5)b., the BOCC may consider the adoption of an 3 ordinance enacting the proposed change based on one or more of the following factors: 4 5 1. Changed projections (e.g., regarding public service needs) from those on which the text 6 or boundary was based: 7 8 Staff has not identified any changed projections from those on which the boundary was 9 based that would necessitate the amendment of the subject property's land use district 10 from URM-L to URM, nor has the applicant presented any information justifying this as I 1 a factor for the proposed amendment. 12 13 2. Changed assumptions (e.g., regarding demographic trends): 14 15 Staff has not identified any changed assumptions that would necessitate the amendment 16 of the subject property's land use district from URM-L to URM, nor has the applicant 17 presented any information justifying this as a factor for the proposed amendment. 18 19 3. Data errors, including errors in mapping, vegetative types and natural features described 20 in Volume 1 of the Year 2010 Comprehensive Plan: 21 22 Staff has not identified any data errors that would necessitate the amendment of the 23 subject property's land use district from URM-L to URM, nor has the applicant presented 24 any information justifying this as a factor for the proposed amendment. 25 26 4. New issues: 27 28 In the application, the applicant asserts that there are several new issues that should be 29 considered to justify an amendment from URM-L. These issues relate to mobile home 30 construction being substandard and AICUZ noise zone considerations. 31 32 Staff has reviewed the applicant's justification. Mobile homes can be constructed in a 33 manner that is not substandard. The existing mobile homes on the subject property may 34 be of substandard or unsafe construction; however each lawful dwelling unit may be 35 replaced with a new mobile home that meets current codes. 36 37 In any event, staff does concur that a new issue has emerged since the subject property 38 was assigned the URM-L designation in 1996. 39 40 The URM-L district was created in 1996 in order to balance the needs of having both safe 41 and affordable housing. As mobile homes are generally sources of affordable housing, 42 the county sought to alleviate financial burdens imposed on mobile home owners having 43 to elevate in accordance with Federal Emergency Management Agency (FEMA) 44 requirements in order to receive federally -backed flood insurance. The need for the 45 creation and application of the URM-L district was explained in a letter from Diane Bair, 46 FEMA Coordinator, dated January 25, 1995, that was sent to all property owners who I0-M- 6m Tc] I would be affected by a change from URM to URM-L (including the then property owner 2 of the subject property). The assignment of URM-L districts in 1996 was sponsored by 3 the county, not individual property owners. 4 5 Described in further detail in the aforementioned letter, in order to rectify a problem that 6 exists in the URM district, which allows both mobile homes and single-family homes of 7 conventional/modular construction, the URM-L district was established to allow "pure 8 mobile home parks and subdivisions" to replace mobile homes at 36" above grade or base 9 flood elevation, whichever is lower. However, in order to safely allow structures of 36" 10 elevation, single-family homes of conventional/modular construction were not included 11 as permitted uses in the URM-L district, as the lowest floors of these structures must be 12 elevated at or above the base flood elevation level. 13 14 Since 1996, there have been several storm events that have resulted in flooding, such as 15 Hurricane Wilma in 2005, that have led property owners to reconsider the advantages and 16 disadvantages of maintaining the URM-L designation. As such, several property owners 17 have applied for and received amendments to amend their land use district designation to 18 URM or other designations in order to regain the ability to build structures other than 19 mobile homes and/or construct above base flood elevation level. 20 21 In addition, since 1996, there have been changes in the cost of modular homes. As 22 modular homes have become more affordable, there is less financial benefit having 23 property owners construct mobile homes elevated to only 36" as they can construct a 24 modular home elevated at or above base flood elevation at a reasonable cost. 25 26 5. Recognition of a need for additional detail or comprehensiveness: 27 28 Staff has not identified any recognition of a need for additional detail or 29 comprehensiveness that would necessitate the amendment of the subject property's land 30 use district from URM-L to URM, nor has the applicant presented any information 31 justifying this as a factor for the proposed amendment. 32 33 6. Data updates: 34 35 In the application, the applicant asserts that the URM-L designation encourages poor 36 planning practice by allowing mobile homes to be replaced with an elevation below the 37 base flood elevation. 38 39 Although the URM-L district allows mobile homes at a lower elevation, staff has found 40 that this does not constitute poor planning in a comprehensive sense. The URM-L 41 district was established in order to allow and facilitate the continued existence of mobile 42 home parks, which serve as sources of affordable housing. In order to do so, allowing a 43 lower elevation was required as a compromise. Therefore, staff has not identified any 44 data updates that would necessitate the amendment of the subject property's land use 45 district from URM-L to URM. 46 Page 6 of 13 I Impact on Community Character. 2 3 MCC § 102-158 maintains that map amendments are not intended to relieve particular 4 hardships, nor to confer special privileges or rights on any person, nor to permit a change in 5 community character, as analyzed in the Year 2010 Comprehensive Plan, but only to make 6 necessary adjustments in light of changed conditions. 7 8 The community character of the area is derived of a mixture of uses, primarily residential and 9 commercial. As a result, the area is composed of several land use districts. Concerning the 10 immediate vicinity, to the north, across MacDonald Avenue is a UR district. To the 11 northwest, west, southwest and south, across 2 d Street, I" Avenue and Maloney Avenue, is a 12 Mixed Use (MU) district. To the southeast, across I't Street, is a Recreational Vehicle (RV) 13 district. To the east, across I't Street, is a URM district. 14 15 A mobile home park existed on the site during its 1986 designation to URM and its 1996 16 designation to URM-L. The mobile home park continues to exist. 17 18 No existing use was changed in 1997 with the adoption of the FLUM. The FLUM is 19 associated with the Year 2010 Comprehensive Plan and is intended to regulate future 20 development and redevelopment to maintain the character of the community and protect the 21 natural resources by providing for the compatible distribution of land uses. As a component 22 of the comprehensive plan, which supersedes the land development regulations, the FLUM 23 designation of RH serves as a superseding map and does not replace the land use district 24 designation of URM-L. 25 26 There are several URM districts located in the immediate vicinity and throughout Stock 27 Island. Further, no existing use would be deemed a nonconforming use be virtue of an 28 amendment from URM-L to URM. Mobile homes are permitted uses in both districts. 29 30 Land Use District Purposes: 31 32 MCC § 130-50: The purpose of the URM-L district is to recognize the existence of parks and 33 subdivisions which consist exclusively, or almost exclusively, of mobile homes, but not to 34 create new such areas, in order to permit property owners in such areas to replace or establish 35 mobile homes below base flood elevation as authorized by certified federal regulations. 36 37 MCC §130-49: The purpose of the URM district is to recognize the existence of established 38 mobile home parks and subdivisions, but not to create new such areas, and to provide for 39 such areas to serve as a reservoir of affordable and moderate -cost housing in the county. 40 41 The existing development of the site would be consistent with the purpose of the URM 42 district. Further, the purpose of the URM district is consistent with the immediate vicinity. 43 As a note, although MCC § 130-49 states that new URM areas should not be created, staff has 44 determined that the proposed map amendment would not create a new URM area. The area 45 is currently designated as a URM-L area, which is a form of URM area. 46 Page 7 of 13 I Land Use District Permitted Uses: 2 (Different Uses between the URM-L and URM districts are in bold.) 3 4 § 130-100. URM-L district 5 (a) The following uses are permitted as of right in the URM-L district: 6 (1) Mobile homes; 7 (2) Recreational vehicles, as provided in F.S. ch. 513; 8 (3) Home occupations (special use permit required); 9 (4) Accessory uses; 10 (5) Tourist housing uses, including vacation rental uses, are prohibited except in 11 gated communities that have: a) controlled access; and b) a homeowner's or 12 property owner's association that expressly regulates or manages vacation rental 13 uses; 14 (6) Collocations on existing antenna -supporting structures, pursuant to § 146-5(3); 15 (7) Satellite earth stations less than two meters in diameter, as accessory uses, 16 pursuant to § 146-5(6); and 17 (8) Wastewater nutrient reduction cluster systems that serve less than 10 18 residences. 19 (b) The following uses are permitted as minor conditional uses in the URM-L district, 20 subject to the standards and procedures set forth in chapter 110, article III: 21 (1) Replacement of an existing antenna -supporting structure pursuant to § 146- 22 5(2); 23 (2) Stealth wireless communications facilities, as accessory uses, pursuant to 24 § 146-5(5); and 25 (3) Satellite earth stations greater than or equal to two meters in diameter, as 26 accessory uses, pursuant to § 146-5(6). 27 (c) The following uses are permitted as major conditional uses in the URM-L district 28 subject to the standards and procedures set forth in chapter 110, article III: 29 (1) Marinas, provided that: a) the marine is primarily intended and designed to 30 serve the residents of the district in which it is located; b) the parcel proposed 31 for development has access to water of at least 4' below mean sea level at mean 32 low tide; c) the sale of goods and services is limited to fuel, food, boating, diving 33 and sport fishing products; d) vessels docked or stored shall not be used for live- 34 aboard purposes; and e) all outside storage areas are screened from adjacent uses 35 by a solid fence, wall or hedge at least 6' in height; 36 (2) Commercial retail of low intensity of less than 2,500 SF of floor area, 37 provided that: a) the parcel of land on which the commercial retail use is to 38 be located abuts the right-of-way of US 1; b) the primary structure must be 39 located within 200' of the centerline of US 1; c) the commercial retail use 40 does not involve the sale of petroleum products; d) the commercial retail use 41 does not involve the outside storage of merchandise; e) there is no direct 42 access to US 1 from the parcel of land on which the commercial retail use is 43 to be located; Q the structure in which the commercial retail use is to be 44 located is separated from the US I right-of-way by a class-C bufferyard; g) 45 the structure in which the commercial retail use is to be located is separated 46 from any existing residential structure by a class-C bufferyard; and h) no Page 8 of 13 I signage other than one identification sign of no more than 4 SF shall be 2 placed in any yard or on the wall of the structure in which the commercial 3 retail use is to be located except for the yard or wall that abuts the right-of- 4 way of US 1; 5 (3) Land use overlays A, E, INS, PF, BP, subject to the provisions of article 6 IV of this chapter. 7 8 § 130-99. URM district. 9 (a) The following uses are permitted as of right in the URM district: 10 (1) Mobile homes; 11 (2) Detached residential dwellings; 12 (3) Recreational vehicles as provided in F.S. ch. 513; 13 (4) Home occupations (special use permit required); 14 (5) Accessory uses; 15 (6) Tourist housing uses, including vacation rental uses, are prohibited except in 16 gated communities that have: a) controlled access; and b) a homeowner's or 17 property owner's association that expressly regulates or manages vacation rental 18 uses; 19 (7) Collocations on existing antenna -supporting structures, pursuant to § 146-5 (3); 20 (8) Satellite earth stations less than two meters in diameter, as accessory uses, 21 pursuant to § 146-5 (6); and 22 (9) Wastewater nutrient reduction cluster systems that serve less than 10 23 residences. 24 (b) The following uses are permitted as minor conditional uses in the URM district, 25 subject to the standards and procedures set forth in chapter 110, article III: 26 (1) Replacement of an existing antenna -supporting structure pursuant to § 146- 27 5(2); 28 (2) Stealth wireless communications facilities, as accessory uses, pursuant to 29 §146-5(5); and 30 (3) Satellite earth stations greater than or equal to two meters in diameter, as 31 accessory uses, pursuant to § 146-5(6). 32 (c) The following uses are permitted as major conditional uses in the URM district, 33 subject to the standards and procedures set forth in chapter 110, article III: 34 (1) Marinas, provided that: a) the parcel proposed for development has access to 35 water at least 4' below mean sea level at mean low tide; b) the sale of goods and 36 services is limited to fuel, food, boating, diving and sport fishing products; c) 37 vessels docked or stored shall not be used for live -aboard purposes; and d) all 38 outside storage areas are screened from adjacent uses by a solid fence, wall or 39 hedge at least 6' in height; e) each non -waterside perimeter setback of the 40 parcel proposed for development must have a class-C bufferyard within a 41 side yard setback of 101; 42 (2) Commercial retail of low and medium intensity and office uses or any 43 combination thereof of less than 2,500 SF of floor area, provided that: a) the 44 parcel of land on which the commercial retail use is to be located abuts the 45 right-of-way of US 1; b) the structure must be located within 200' of the 46 centerline of US 1; c) the commercial retail use does not involve the sale of Page 9 of 13 I petroleum products; d) the commercial retail use does not involve the outside 2 storage or display of goods or merchandise; e) there is no direct access to US 3 1 from the parcel of land on which the commercial retail use is to be located; 4 f) the structure in which the commercial retail use is to be located is 5 separated from the US I right-of-way by a class-C bufferyard; g) the 6 structure in which the commercial retail use is to be located is separated 7 from any existing residential structure by a class-C bufferyard; and h) no 8 signage other than one identification sign of no more than 4 SF shall be 9 placed in any yard or on the wall of the structure in which the commercial 10 retail use is to be located except for the yard or wall that abuts the right -of - I I way for US 1; 12 (3) Parks and community parks; and 13 (4) Land use overlays A, E, PF, subject to the provisions of article IV of this 14 chapter. 15 (d) The following lawfully established nonresidential uses in the URM district, 16 which were rendered nonconforming by the 2010 Comprehensive Plan, but listed as 17 permitted uses in the land development regulations that were in effect immediately 18 prior to the institution of the 2010 Comprehensive Plan (pre-2010 LDR's) and 19 lawfully existed on such lands on January 4, 1996, which are damaged or destroyed 20 may be permitted to be redeveloped, make substantial improvements, or be 21 reestablished as an amendment to a major conditional use, subject to the standards 22 and procedures set forth in chapter 110, article III: 23 (1) Marinas, provided that: a) the parcel has access to water at least 41 below 24 mean sea level at mean low tide; b) the sale of goods and services is limited to 25 fuel, food, boating, diving, and sport fishing producers; c) vessels docked or 26 stored shall not be used for live -aboard purposes; d) all outside storage areas 27 are screened from adjacent uses by a solid fence, wall or hedge at least 61 in 28 height; and e) the use is limited in intensity, floor area, density and to the 29 type of use that existed on January 4, 1996, or limited to the permitted uses 30 and/or the provisions for minor or major conditional uses allowed in the pre- 31 1996 LDR's for this district, whichever is more restrictive; 32 (2) Commercial retail of low and medium intensity or office uses or any 33 combination thereof of less than 2,500 SF of floor area, provided that: a) the 34 parcel of land on which the commercial retail use is to be located abuts the 35 right-of-way of US 1, or a dedicated right-of-way to serve as a frontage road 36 for US 1; b) the commercial retail use does not involve the sale of petroleum 37 products; c) the commercial retail use does not involve the outside storage or 38 display of goods or merchandise with the exception that outside sales and 39 display for nurseries may be permitted with the stipulation that required 40 open space and required bufferyards may not be used for display and sales; 41 d) the structure in which the commercial retail use is to be located is 42 separated from the US 1 right-of-way by a class-C bufferyard; e) the 43 structure in which the commercial retail use is to be located is separated 44 from any existing residential structure by a class-C bufferyard; f) no signage 45 other than one identification sign of no more than 4 SF shall be placed in any 46 yard or on the wall of the structure in which the commercial retail use is to 1 2 3 4 5 6 7 8 9 ali rl I be located except for the yard or wall that is the right-of-way for US 1; and g) the use is limited in intensity, floor area, density and to the type of use that existed on January 4, 1996, or limited tote permitted uses and/or the provisions for for or major conditional uses allowed in the pre-6 LDR's for this district, whichever is more restrictive. Land Use Intensities: Although both URM-L and URM have the same RH future land use category, the districts allow for different uses at different land use intensities. These different uses and intensities both fall under the umbrella of the RH allowances. As a note, Policy 101.4.23 states that 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. Therefore, the density of the existing 25 lawfully established mobile homes is considered confonning regardless of the following calculations. Maximum"str residential de"n'sity ' and'di ic t'o ens p `ace Land Use District Allocated Density (units/acre) Maximum Net Density (units/buildable acre) Open Space Ratio URM-L (platted) 1/lot 0 0.2 URM-L (mobile home park per 10 1 - 1) 5 7 0.2 URM (platted) 1/lot 0 0.2 1 URM (mobile home park per § 10 1 - 1) 5 7 0.2 The total land area was not provided on the boundary survey. Due to the fact that Lots I ' ' 20 is transected by the right of way of Maloney Avenue, it results in a small no contiguous area of parts of Lots 19 and 20. This affects the land use intensity calculations. I U ar�d 'Max Net Size +a Site (ulfid Max tiai}pPbnitv Useh DI A 'o"' wed Mobile homes 7 1.90 acres (1.52 10.6 units 25 units 235% buildable acres) SLIMan d,U M N etSize of Site (upland) Maxi �r E' 4 "Patii.. ,1 , ...."V"0"ed. N1 Mobile homes 7 1.52 buildable acres 10.6 units 25 units 235% The residential density allowances of MCC §130-157 yield the same density; therefore tIFI, amendment would not result in any change in the maximum number of permanent dwelliA units allowed. i Page 11 of 13 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 MCC 130-162: Maximum Hotel-Motel,anInstitutional R6creati6nal ehicle " d Land Use District Allocated Density Maximum Net Density (units/acre) (unitstbuildable acre) Open Space Ratio URM-L (recreational rental 5 0.2 URM-L (hotel) 10 -7 15 0.0 URM-L (institutional residential) 5 20 0.0 URM-L recreational rental) 1 10 10 0.0 URM (recreational rental 5 7 1 0.2 Note: There are hotel and institutional residential density allowances in the URM-L distri Staff has determined that this is an error in that hotel and institutional uses are not permitt uses in the URM-L district. Residential density allowances for unpern-�itted uses are mo In addition, there are two differing density provisions for recreational rental. The mo restrictive generally applies. Again, the total land area was not provided on the bound survey. This affects the land use intensity calculations. I �!= OMMEMIMMM 0 In Recreational rental MEE= K*2 mm' ffl 0 rX, WIM Not permitted In terms of recreational rentals (RV spaces), the residential density allowances of §130-1 yield the same density; therefore the amendment would not result in any change in maximum number of transient dwelling units allowed. Note: the URM-L district h duplicative recreational rental density allowances; however staff applied the most restrictive] It should be noted that the URM-L district has density allowances for hotel and institutional uses. Staff has determined these density allowances are in error as they conflict with the permitted uses provisions. However, if the permitted uses provisions of the URM-L district are amended to allow these uses, this amendment would reduce the maximum number of transient dwelling units permitted as there are no density provisions for such uses in the URM district. Pursuant to MCC §130-164, there are no floor area ratios assigned to nonresidential uses in either the URM-L or URM districts. Where commercial uses are allowed as permitted uses, and no FAR is given, the maximum per lot states in MCC Chapter 130, Article III shall prevail. As such, the nonresidential land use intensity allowances of §130-164 yield the same I density; therefore the amendment would not result in any change in the maximum amount of 2 nonresidential floor area allowed. 3 4 Impact on Public Facilities: 5 6 The site is currently developed with 25 lawfully established mobile homes. Since such 7 legally -established dwelling units shall not be considered as non -conforming to the density 8 provisions, the site may be redeveloped with up to 25 dwelling units. These 25 dwelling 9 units already impact public facilities and their replacement should not result in any 10 significant further impact. In addition, additional dwelling units would not be permitted due 11 to the density and land use intensity provisions of the URM district. As nonresidential floor 12 area has never existed on the site and the site does meet the criteria for new nonresidential 13 floor area in URM district, nonresidential floor area would not be permitted. Therefore, the 14 amendment would not further impact public facilities. 15 16 V RECOMMENDATION 17 18 Staff recommends APPROVAL to BOCC. Page 13 of 13 \�§� �\ co ƒ BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20 2010 Division: Growth Management Bulk Item: Yes_ No X Department: Planning & Environmental Resources Staff Contact Person: Christine Hurley AICP, Director of Growth Management AGENDA ITEM WORDING: A public hearing to consider an ordinance to amend the Monroe County Year 2010 Comprehensive Plan by creating Goal 107, Objective 107.1 and Policy 107.1.2 Ramrod Key Mixed Use Area i in the Future Land Use Element, pursuant to a Settlement Agreement in DOAH Case No. 094153GM. ITEM BACKGROUND: Rudolph and Roseann Krause filed an application for a comprehensive plan amendment to amend a portion of RE # 00114150-000000 (8.46 acres) and all of RE # 001141504)00400 (2.6 acres) Future Land Use Map (FLUM) designation from Residential Low (RL) to Mixed Use/Commercial (MC) on April 29, 2008. The DCA sent its Objections, Recommendations and Comments (ORC) to the 09-01 Monroe County Comprehensive Plan Amendment package on April 7, 2009. Monroe County adopted the proposed amendment by Ordinance 018- 2009 on June 2, 2009. The Florida Department of Community Affairs (DCA) issued its Statement of Intent finding the amendment not in compliance on July 24, 2009. Ordinance 018-2009 was referred to the Division of Administrative Hearings Case No. 09-4153GM. A Settlement Agreement is being proposed as a companion item on this agenda. It will be heard before this item and must be signed by the DCA prior to the adoption of the text amendment. As part of the Settlement Agreement, the Ramrod Key Mixed Use Area 1, Policy 107.1.2 is being created. Policy 107.1,2 creates specific limitations on densities and intensities for a portion of RE # 00114150-000000 (8.46 acres) and all of RE # 00114150-000400 (2.6 acres) for a total of 11.06 acres to be designated the Ramrod Key Mixed Use Area I and it requires a berm on the easterly portion of RE # 00114150- 000000 to protect a conservation area to the east. PREVIOUS RELEVANT BOCC ACTION: January 26, 2009-the BOCC by Resolution 2009-003 transmitted to the Florida Department of Community Affairs (DCA) a proposed ordinance amending the Future Land Use Map (FLUM) designation from Residential Low (RL) to Mixed Use 1 Commercial (MC) on the entire parcel of RE # 00114150-000400 (2.6 acres) and on a portion of RE # 00114150-000000 (8.46 acres). June 2, 2009-the future land use map amendment was adopted by the BOCC by Ordinance 018-2009. October 20, 2010 — Adoption of a Settlement Agreement in DOAH Case No. 09-4153GM. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: BUDGETED: Yes No _ COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # 6 ORDINANCE NO. -2010 7 8 9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 10 COUNTY COMMISSIONERS CREATING GOAL 107, 11 OBJECTIVE 107.1 AND POLICY 107.1.2 OF THE MONROE 12 COUNTY YEAR 2010 COMPREHENSIVE PLAN TO ESTABLISH 13 A POLICY FOR PROPERTY DESCRIBED AS RAMROD KEY 14 MIXED USE AREA 1 COMPRISED OF A PORTION OF RE # 15 00114150-000000 (8.46 ACRES) AND ALL OF RE # 00114150-000400 16 (2.6 ACRES), RAMROD KEY, MONROE COUNTY, FLORIDA, 17 GULF SIDE, APPROXIMATELY MILE MARKER 26.5; 18 PROVIDING FOR SEVE ILITY; DIRECTING THE 19 DIRECTOR OF PLANNING TO FORWARD A COPY TO THE 20 FLO A DEPARTMENT OF COMMUNITY AFFAIRS; 21 PROVIDING FOR FILING WITH THE SECRETARY OF STATE; 22 PROVIDING FOR THE INCORPORATION INTO THE 23 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE 24 DATE 25 26 27 WHEREAS, Roseann & Rudolph Krause (Applicant) submitted an application to amend 28 the Monroe County Year 2010 Comprehensive Plan on April 29, 2008 from Residential Low 29 (RL) to Mixed Use / Commercial on the entire RE # 00114150-000400 (2.6 acres) and on a 30 portion of RE # 00114150-000000 (8.46 acres); and 31 32 WHEREAS, a public hearing took place on January 26, 2009 to consider transmittal of a 33 Resolution 2009-003 to the Florida Department of Community Affairs (DCA) at the request of 34 Roseann & Rudolph Krause, proposing an ordinance to amend the subject property's Future 35 Land Use Map (FLUM) designation from Residential Low (RL) to Mixed Use / Commercial 36 (MC); and 37 38 WHEREAS, the DCA sent its Objections, Recommendations and Comments (ORC) to 39 the 09-01 Monroe County Comprehensive Plan Amendment package on April 7, 2009 and 40 41 WHEREAS, on June 2, 2009, the Future Land Use Map amendment was adopted by the 42 BOCC by Ordinance 018-2009 which was accompanied by the staff report addressing the ORC; 43 and 44 45 46 P. 1 of 5 BOCC: October 20, 2010 Exhibit l — Settlement Agreement Exhibit 2 — Future Land Use Element of the Comprehensive Plan I WHEREAS, Ordinance 018-2009 was the subject of DOAH Case No. 09-4153GM 2 between the DCA, the County and the Applicant, as Intervemors; and 3 4 WHEREAS, the DCA issued its Statement of Intent (Exhibit A of attached Settlement 5 Agreement Exhibit 1) finding the amendment not in compliance pursuant to Section 6 163.3184(10), Florida Statutes, and Rule 93-11.012(6), F.A.C.; and 7 8 WHEREAS, the Applicant has consented to the Settlement Agreement (Exhibit 1) and 9 the Settlement Agreement was approved by the County on October 20, 2010 and by the DCA on 10 October 20, 2010; and 11 12 WHEREAS, Exhibit B of the attached Settlement Agreement (Exhibit 1) includes 13 proposed text to be added to the Monroe County Comprehensive Plan designating Ramrod Key 14 Mixed Use Area 1 that includes specific regulations that allow development to occur subject to 15 limitations and conditions designed to protect natural resources; and 16 17 WHEREAS, Monroe County supports the creation of Ramrod Key Mixed Use Area 1; 18 and 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 21 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 22 23 Section 1. The Monroe County Year 2010 Comprehensive Plan is amended pursuant to the 24 Settlement Agreement (Exhibit 1) as shown on the attached Exhibit 2 to create Goal 25 107, Objective 107.1, and Policy 107.1.2 that establishes a Ramrod Key Mixed Use 26 Area 1 as described below. 27 28 Section 2. The Monroe County 2010 Comprehensive Plan is amended as follows: (Deletions are 29 A. Fough and additions are underlined.) 30 GOAL 107 31 Monroe County shall regulate land use and development activities of scarified and/or filled 32 portions of parcels containing environmentally sensitive areas, by the enactment of area -specific 33 regulations that allow development to occur subject to limitations and conditions designed to 34 protect natural resources. 35 36 Objective 107.1 37 Monroe County shall coordinate Land Use with the Elements of the Comprehensive Plan 38 through Future Land Use Element Sub -Area Policies Applicable to a Specific Geographic 39 Area. These sub -area policies identify parcels of land that require narrowly -tailored 40 regagation in order to confine development potential to an area or extent less than the 41 maximum development potential allowed by the future land use category. The 42 development parameters established for each sub -area shall be based either on an 43 inventory of uses and facilities established on the parcel or by data and analysis 44 supporting the specific sub -area limitations. 45 P. 2 of 5 BOCC: October 20, 2010 Exhibit 1 Settlement Agreement Exhibit 2 - Future land Use Element of the Comprehensive Plan 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 107.1.1 Reserved Policy 107.1.2 _ Ramrod Key Muted Use Area 1 Only the land uses listed in paragraphs 1-4 below shall be allowed on the parcels shown in the REAL ESTATE NUMBER table fo TOTAL ACREAGE lowj!jS as Ramrod Ke Mixed Use FLUM ACRES DESIGNATION Area 1: CONSERVATION BERM TO BE EASEMENT LOCATED ON ACREAGE 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 eauipment 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. £ Above -ground fuel tanks. 2. An antenna supporting structure with accessory building_ 3. Residential uses consistent with the former RL future land use ma 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 heave industrial use. P. 3 of 5 SOCC: October 20, 2010 Exhibit l - Settlement Agreement Exhibit 2 - Future Land Use Element of the Comprebensive Plan 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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 storMee 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 2arcel 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 alon the Westerly edge of the wetlands portion of parcel 00114150-000000 as depicted on the map below, to protect the wetlands from stonnwater runoff. Prior to isggng M permit for berm construction, Monroe County shall require submission of a stormwater management plan ad2guate, to rotect 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. N 00114150-000000 RAMROD KEY MI ED USE AREA 1 Berm SAC (0.79 ac) d: /RE # 001141 M48 so) CONSERVATION EASEMENT bwm(07980 114,1 .RC CONOWYnnON MWWNr(1.C7 K) RE # 001141 } R� �g, l ra.mouimruw PAS -11AuF 28ac / wmh Kay. ftwod WkVWkw. ffib MWAWWM"®: WNW Date rAdwtlan: Oede.r 20.2090 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 — Fuhme Load 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 36 37 38 39 40 41 42 43 44 45 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 20th day of October A.D., 2010. (SEAL) DEPUTY CLERK P. 5 of 5 Mayor Sylvia Murphy Mayor pro tem Heather Carruthers Commissioner Kin Wlgmgton Commissioner Mario Di Gennaro Commissioner George Neugent BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor Sylvia Murphy MONROE U 7ORNEY APPR D A5 FORM Cate: O BOCC: October 20, 2010 Exhibit 1-= Settlement Agreement Exhibit 2 - Fumm Land Use Element of the Comprehensive Plan Exhibit 1 STATE OF FLORIDA DIVISION OF ADMINISTRATIVEI, ', 1'•'' I 1 1 I°, Petitioner, VS. MONROE COUNTY, Respondent, and FfflFJ 11 1 1 Intervenors. 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(10), Florida Statutes, and Rule 9J-1 l .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: 0 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. 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 163.318400) by the Department's publication of its Notice in this case. 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. 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 9 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. Suppgrt 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 0 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. 61 a. 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(I 5)(e), Florida Statutes. This Agreement has been executed by the appropriate officer as provided in Monroe County's charter or other regulations. R 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 Agreement is not intended to bind the Local Government in the exercise of governmental discretion which is exercisable in accordance with law only upon the giving of appropriate public notice and required public hearings. 22. Multiple Originals. This Agreement may be executed in any number of originals, all of which evidence one agreement, 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 WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. DEPARTMENT OF COMMUNITY AFFAIRS Charles Gauthier, AICP, Director Division of Community Planning Approved as to form and legality: Assistant General Counsel M �§ M11TUNW101M M �w - M, By: Mayor Sylvia J. Murphy ATTEST: Danny L. Kolhage, Clerk Deputy Clerk 11001101%,11p) Rudolph Krause Roseann Krause M Approved as to form and legality: Assistant Monroe County Attorney Date: Date Date Approved as to form and legality: Intervenors' Attorney Date t STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 'Dedicated to making Florida a better place to call home" CHARLI£ CRIST C,Ove)S)Or 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: � ; K4 (4 iT L, Fr*t 01 The Department has completed its review of the Monroe County Comprehensive Plan amendments (DCA No. 09-I) 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 Intemet 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 SOULEVARD ► TALLAHASSEE. FL 32399-2100 850-488-8466 (p) ♦ 850-921.0781 (f) ♦ WebSite- www dra Staief s • COUMUNIIY PLANNING SWASS.2M (pl 850480,I309 (q • FLORIDA COMMUNRlES TRUST 850.922 7207!0l OW-921-1147 (f) � 9 HOUSING AND COMMUN)TY DEVELOPMENT 850.4W?%58 (p) BSO-W.5623 {0 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 163.3I89(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 950-922-1766. Sincerely yours, r P 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-NOI-4401-(A)-(N) LAND USE MAP STATEMENT OF INTENT TO FIND COMPREHENSIVE ELAN 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 xb), Florida Statutes, because the amendment is not consistent with Chapter 163, Part If, Florida Statutes, the State Comprehensive Plan, Rule 9J-5, Florida Administrative Code, and Chapter 380, Part I, 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 11, F.S., Rule 9J-5, F.A.C., and Chapter 380, Part I, F.S., for the reasons noted: FM 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 baurh) 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. I.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 Infi 11(Tier 111). Ordinance 019-2009 (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 1 and surrounded by Tier 1 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 019-2009 is inconsistent with Section 380.0552(7), Florida Statutes, Principles for Guiding Development (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; (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 91-5.012(3)(c)l, 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.G., 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 163.3177(l), (2), (6)(a), (d), (8), (9) and (I0)(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)1 and 2; 9J-5,013(1) and 9J-5.013(2)(b)3 and 4, (2xc)3, 5, 6 and (3); Florida Administrative Code. B. Rjg2=ended 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. Inconsis#ent provisions. The amendment is inconsistent with the State Comprehensive Plan goals and policies set forth in Section 187.201, 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) I, 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 (I5)(a) Land Use, Policy (b) I 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. III. CONSISTENCY WITH THE PRINCIPLES FOR GUIDING DEVE OPMENT A. Inconsistent Drovisions. 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 I . 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 93-5, 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 6 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. Executed this Z3 of July 2009, in Tallahassee, Florida. Mike McDaniel, Chief Office of Comprehensive Planning Division of Community Planning Department of Community Affairs 2555 5humard Oak Boulevard Tallahassee, Florida 32399 7 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND TfiE MONROE COUNTY COMPREHENSIVE PI AN 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 though 022-2009, IN COMPLIANCE DOCKET NO. 09-I-NOIrt401{A)-(N) The Department gives notice of its intent to find the Amendment to the Chive Plan forMonr � adopt by Ordinance No. 018-2008 , on June 2, 2009, NOT IN COMPLIANCE, anti A�mmta adopted C Ordinance Nos. 019-2008, 017a.2009, 020-2009 ftougb 022 2009,11 June 2, 2009,1N COMPLiAN10E, p to Sections 163.3194, 163.3187 and 163.3199, 380.05, 380.0352, F,S, Re°°mn 71, *60plod Monroe .Inca, and Commcous County. eve Plan Ams rs, the Departax e. otrjccm... Report (if say), and the Deparlanenes Statement of Imam to Sthd tb Fas Pl a hmsive an Ameodmr�t Not in CamphWW will be available for public iasportim Monday through riday, except forlegal holidays, during normal business howl, at the Monroe County, Growth Mameemem Division, 2798 Over^aeas Heghwgy, Suite 400, Mmpdxmk Florida 33050. Any afi'eeted person, as defmod is Seetioa 163.3194, F.S., has a right to petition for an adorin. istrativo hearing to chslhnge the proposed ageawy determination that the Amendments to the Monroe County Comprehaw' o Plan are la Compliance, as defined in Subsection 163.3194(1), F.S. The pc itiou mwt be filed within twenty.one (21) days after publican04 of this notice, a copy, mint be mail or defivaed to the local government anti must inch ll o ude af the information and contm described in wiotm Rule 28- 2555 S 1, F.A.C. The petition must be filed with the Agency Cleric, Department of Community Affairs, 55 hhmhard Oak Boulevard, Tallabasne, Florida 32399-2100_ Failure to timely fik s pabbon obeli eon "iunc a waiver of any rigbt to request an administrgtive � AS a petitioner under Sahons 120.569 and 120,57, F.S. If a petition i$ the purpose: ofek adtninirstiative wilt be 10 pry evidence and testiaoorty and forward a recommended order to the Department. If 00 pennon is 614 then Notice of hirm shall become final agency action. This tied byof bhkmt and will tthe Statememt of Intent fur the ameadmeaE found Not In �h tm be by petition to the Division of Ad nkWrative Hearings (DOAH) oof the Departz w mcut Svieea erfar the wh*"49 of an Administrative Hearing Pw-md to Sections 120.569 and 120.57, F.S. The purpose of the ad,,Wk �atjve hearatg will be to present evidence and testimony on the noncompliance issues aliard by the DVwbwm in its Obyxbons, RecoturnpadadnvA and Comatuws Report and S4umieut of Intent m order to mom a rcoommended order for forwarding to the Adcmini ulWon Commission Aff W pasoas OW peat *Q to intervene ea either pr0000ding ref muced above. A petition for iniaventioa must be likd at least twenty (20) days before the final hearing and must imolude all of the in- formabon and 0oQWnts de"6W in Uniform Rale 28-106.205, F.A.C. pursuant 10 Section, 163.3184(10l F,S., 00 Dew issues may be alleged as a reason 10 Gad a plan amettdmmot not in compliance is a petition to imcrvcw filed man than twemy one (21) days aver pubhmm of &u notice unlras dhe paitione establishes good raise far not alkgi0g such new issues witM the Mealy one (21) day time period. The pear m for inten'enlioa shall be fetid at DOAH, 1230 Apa'"bee Partway, Tallahassee, Florida 32399-3060, and a copy YAM ited or delivered to the local 90ve axon and the Department. Failure to petition ion to m vaw within the allowed time fia w a waiver of any nghtch a pamm bw to request a hesuaring pww m to S=d=120.569 and 120.57, F.S., or to participate in the admiaist:ative bearing. ARer an administrative bearing pet"M is UEOWy fiK mediation is available pursmm to Subsectiea 163.3189(3)(a), F.S., to any aB'eaW pecan who is mode a party 10 the pmoeedin8 by fibng that request with tine administrative law judge assigned by the Division of Administrative Heanags. The choice of mediation shall not affect a party's tight to an admfDistrative hearing. 17L- Daniel, Lhwp�-9- Of m of COnWahensive Planning Division of Community Piarwing Department of Community Afra m 2555 Shumard 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 Iand 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. SingIe 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. � Q GC1 � z 0 0 �V r 040 10 co Ul 0 r 0 CD a r uj Di r n; x x, � v 4� CD G t° as v r u u n w cmco+ m � a � w 12 log o 00 W " ®z 9 ., € U U e EMIBIT D Return to: Mon= county Growth Management Division 2799 Overseas Highway Marathon, Florida 33050 Prepared by: Joseph Albmy, Esquire 309 Whitehead St. Key West Florida 33040 -------- -- Space Above This Line For Recording --- �-- ------ t '1 #i# This Conservation Easement is Granted this day of - , 2010 by ,Rudolph 0. Krause and Roseann Krause, Trustees U/T/D 7/19/88, whoseaddress 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 oocsA-Rm 8r1M 2. Grant of Easement Grantor grants to Grantee a conservation easement over and upon the contiguous wetlands area (the "seMent 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. WI/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 GOCFA — 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 mortgagees). 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 �F', 2010. Ln 1 .E First 'Witness Si tune udolph T Krause, Trustee N �e6�, First Witness Prin ed Name Ro eann Krause, Trustee /X -8t5cond Witness Signature Page 4 of 7 GOCEA—Rev: 8/1/06 Prepared by: Second Witness Printed Name State of Florida County of Monroe Before me, the undersigned authority, personally appeared Rudolph 4. Krause and Roseann Krause, who aM42nonally known to me, or have produced and respectively as identification. Sworn and subscribed to me this Q�� � t�1:4g443 Typed Notary Name and Number day of LA- - 2010. Ili F IIffNO- 11 'c+"—m NOTARY P'EJ UC-STA"r? ,AV FtMWA . Cheryl ttscliiev (Mil �Comnismon #DD848443 `� Expires: FEB. 17, 2413 saxDea7smo t em7c nnroca.me 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 Q% First Witness Printed Name Director of Growth Management (Signature) Second Witness Signature Second Witness Printed Name GOCEA—RAY; VIM PreWad by: Director of Growth Management (Printed Name) Date Page 5 of 7 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 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'/a 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. 8/1ro6 Prepared by: i.Z U l< Lu d, k� ui Z UJ MG;aA= Wo z tq LLJ cm 2 + UJ ul Z M 0 z Z6 ® 2 ,u E 0611 I I WWIRWA 11 ■ Monroe County Year 2010 Comprehensive Plan Policy Document Revised 10/2012010 1 ndudes Revisions 1-15 wencbd Wajartb r i Jmuwy4,1996 and mbpbgd .: 00 Pait 1, JanMZ 1996 • ' •.! Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 1 of 91 Monroe County Year 2010 Comprehensive Plan 1600, ell 51 Plan for CoiAnu" Monilodnq and EwWfcn.I.. 5-11 51,11 Annual Mbn�mihg aM 64uaton Procedaw, 51-2 RO-Year MbfikxiN and Evaluatim 5�2 Llpdatng Baseline Oata and Measurable Ob'K p tves--- ............... ......... 5.3 Accomipdishm, ent of Gce[s, Oi��� and Pa4 ...... !�-3 5A Mod A cat ons to, Gcols, 0, and ......... 6.5.1 • 54542 ........ ........ -. ................. 5-53 Dswrninalion of MlatefWs ..... ................ ...... -.5-1 I Sedion 5.6 is not included in fts text document, Seckn I I FWwe, LaM Use Eiement ADGPTIONOATE� OCTMER,20.2010 R 2 of 617 MOFMOCOUnty Ye2f 21�4%) C4)MpMhenS.LJVe P1061 AMEMEZE, i ■ 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] Ob'Ict enne 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.AC: roads, sanitary sewer, solid waste, drainage, potable water, parks and recreation, and paratransit. The LOS standards are established in the following sections of the Comprehensive Plan: The LOS for roads is established in Traffic and Circulation Policy 301.1.1; 2. The LOS for potable water is established in Potable Water Policy 701.1.1; 3. The LOS for solid waste is established in Solid Waste Policy 801.1.1; 4. The LOS for sanitary sewer is established in Sanitary Sewer Policy 901.1.1; 5. The LOS for drainage is established in Drainage Policy 1001.1.1; and 6. The LOS for parks and recreation is established in Recreation and Open Space Policy 1201.1.1. [5.006(3xc)3] Policy 101.1.2 By January 4, 1997, Monroe County shall adopt Land Development Regulations which provide a Concurrency Management System (See Capital Improvements Policy 1401.4.5). The Concurrency Management System shall ensure that no permits will be issued for new development unless adequate public facilities needed to support the development at the adopted LOS standards are available concurrent with the impacts of development [9J-5.006(3Xc)3] (The remainder of this page left inb9ntionally blank.) section 3.1 Future Land Use Element ADOPTION DATE; OCTOBER 20, 2010 P. 4 of 91 Monroe County Year 2010 Comprehensive Plan Objective 1012 Monroe County shall reduce hurricane evacuation clearance times to 24 hours by the year 2010. Policy 1012.1 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 1012.3 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 1012.4 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 111 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 worts program by 1998. Policy 10128 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 altemative 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 altematives. 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: 1. 213 of the total credits estimated to be available from the full operation of the system shall be earned when the wastewater construction permit for the system is issued by DEP, the design/build contract for the system has been fully executed, and Construction of the system has commenced. Of these credits, 52 shall be made available to Monroe County for affordable housing, and 67 for proposed affordable housing in the City of Marathon. Any credits not used for affordable housing shall be available for future allocation pursuant to paragraph 2 below. In addition, 52 of these credits shall be made available to the City of Marathon. 2. All remaining available credits shall be earned when the construction of the system is 100 percent complete, the collection system lines have been installed, and when the final total of credits available from operation of the system has been calculated. Nutrient reduction credits that are earned from the construction of a central sewer system, in which state or federal funds are used, shall be allocated as follows: The local 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 govemments. Nutrient reduction credits eamed 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 Perm itAliocation System shall allow a minimum of 77 new residential permits. If fewer than 77 nutrient reduction credits are eamed 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 eamed 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 govemment in the critical areas, may be allowed. Monroe County shall develop a tracking system for monitoring the nutrient reduction credits eamed. 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 PermitAlbcation System. Table 3.1-1 Nutrient Reduction Credits Treatment System Upgraded To On -site Treatment Centralized Systems �'. Treatment System OWNR or Secondary BestAvailable Advanced Upgraded From Equivalent On -site Treatment Treatment (BAT) Wastewater Treatment and Treatment (AWT) Disppsal 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 Approved OSTDS 0.5 0 1 1.5 Secondary WA WA 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 intentionaliy 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, FIRS 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, DER, HRS, DOT, GFC, SFWMD, NMS, SFRPC, EPA, USFW, Army COE, and other interested parties to includes representatives of environmental organizations and development interests. C. Complete AWTIOSDS 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 interiocal agreement with HRS to specify the responsibilities and procedures for the OSDS inspection/compliance program as required by Policy 901.2.3. Adopt an ordinance which specifies the implementation procedures for the OSDS inspectionteomplianee 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 Year2010 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 retrofd and funding requirements for HOT Spots and cesspit identified in D below. Agencies: County, DCA, DEP, and HRS. B. Secure funding for the carrying capacity study and initiate Phase I (data collection) of the study. Agencies: County, DCA, and DEP. C. Complete cesspit ID process in Hot Spots, excluding the Marathon area. Agencies: County, DCA, and HRS. D. Submit status of CARL and ROGO land acquisition to the Administration Commission. Agencies County, Land Authority, and DEP. E. Document the extent and quality of the fresh groundwater fens 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 far 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 onsfte sewage systems. Establish a mechanism such as special assessments, impact fees, infrastructure surcharge, or other dedicated revenues, to fund the local share of wastewater improvements in Years Four and Five. Seek to provide comparable subsidies for both wastewater collection systems and individual cesspit replacement. Agencies: County, FKAA, DCA, DEP, DOH, SFWMD, EPA and Water Quality Protection Program Steering Committee (WQSC). B. Secure funding for Storm Water Master Plan development, contract selected firm for development of Master Plan, and complete Phase I (data collection). Determine the feasibility of providing nutrient reduction credits for stormwater improvements. Agencies: County, DCA, DOT, SFWMD, EPA and WQSC. C. Conclude acquisition of North Key Largo Hammocks CARL project Make offers to 33% of remaining private owners with property located in other CARL project boundaries. Agencies: County, Land Authority and DEP. 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. I. The County, in conjunction with DCA, shall assess the feasibility of applying the nutrient reduction credit requirement to new commercial development. Agencies: County and DCA. YEAR FOUR (July 13, 2000 through July 12, 2001) A. Continue implementation of Wastewater Master Plan, execute interagency agreements to define construction schedule by phases, and continue developing facility plans for priority Hot Spots in each ROGO area. Secure funding to implement the Wastewater Master Plan. Document that reduction in nutrients has been achieved within each of the sub -areas. Agencies: County, FKAA, DCA, DEP, DOH, EPA and 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 ROGOINROGO 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 11) 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 R, 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 remainderof this page !eft rk nkonaly blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 17 of 91 Monroe County Year 2010 Comprehensive Plan ObiggibM 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 PermitA Location 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 200 Comprehensive Plan Planning Commission upon a finding that such activity will predominately sere the County's non -transient population. Al public and institutional uses that predominately serve the Countys non -transient population and which house temporary residents shall be included in the Permit Allocation System for residential development, except upon factual demonstration that such transient occupancy is of such a nature so as not to adversely impact the hurricane evacuation clearance time of Monroe County. Policy 101.3.5 By July 2005, Monroe County shall complete a market demand analysis and economic assessment to determine the demand for future non-residential development in Monroe County and planning sub -areas. The non-residential development allocation and Future Land Use Map (FLUM) designations for non-residential uses may be revised based upon the results of this study, and other relevant policy and economic studies and data and provide the basis for preparing specific amendments to the comprehensive plan to incorporate goals, objectives and policies on economic development including tourism. The analysis will address existing non-residential uses, vacancy rates, economic trends and demand for non-residential uses by planning subarea. (The remainder of this page left in6 nfionally 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 71 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 Nand 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- 1 . only low intensity commercial uses shall be allowed; 2. a maximum floor area ratio of 0.10 shall apply, and 3. maximum net residential density shall be zero. Policy 101.4.6 The principal purpose of the Moved Use/ Commercial Fishing land use category is to provide for the maintenance and enhancement of commercial fishing and related traditional uses such as retail, storage, and repair and maintenance which support the commercial fishing industry. Residential uses are also permitted. In order to protect environmentally sensitive lands, the following development controls shall apply to all hammocks, pinelands, and disturbed wetlands within this land use category: 1. only low intensity commercial uses shall be allowed 2. a maximum floor area ratio of 0.10 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. W.006(3)(c)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 AgricultumlAquaculture land use category is to encourage the retention of existing agricultural and aqua cultural uses. [9J-5.006(3Xc)l 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-proft 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)l 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. 19J-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 awned 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)l 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)l 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 arras of civil and military airports. Policy 101 Al 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. All land in the mainland portion of Monroe County is hereby designated as Mainland Native. Policy 101.4.18 The principal purpose of the Historic overlay category is to identify existing and potential historic districts for designation, protection, and preservation (See Goal 104 and supporting objectives and policies). Ma)amum 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 scriveners/drafting errors or incorrect habitat conditions identified on the December 1985 Habitat Gassification 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(3Xc)7]. (The mrnainder 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 Intensides Future Land Use Category Allocated Density Ma)dmum Net Density Ma)dmum Intercity And 22ME2LAipq Zoning acre buildable acre floor area ratio Agriculture (A) 0 du WA 0.20-0.25 no d' i zon' omomftam WA Airport (AD) 0 du WA 0.10 AD zoning) 0 WA Conservation (C) 0 du WA 0.05 CD mni 0 rogM WA Education (E) 0 du WA 0.30 nod i zoning) 0 WA Industrial (I) 1 du 2 du 0.25-0.60 I and MI 0 roorrstpaces WA Irr tAonal (INS) 0 du WA 0.25-0.40 no directy corresponcring zon 3-15 rcomsJ 6-24 rooms! Mahk d NaM (MN) 0.01 du WA 0.10 MN zoning) opns4paom WA rr teary (M) 6 du 12 du 0.30-0.50 MF zoning) 10 roomstspm 20 roonWspaces Mnced UselContr WCial (MC)W 1-0 du 6-18 du 0.10-0.45 SC, UC, DR, RV, and MU zoning) 5-15 rows4aces 10-25 roorrstpaces Moved UselCommerrial F�Nng (MCF)u Approx 3-8 du 12 du 0.25-0.40 CFA, CFVM, CFSD zoning) 0 0 Public Facii ies (PF) 0 du WA 0.10-0.30 no di i zoff 0 2qn§R@n WA Public Buildings/Grounds (PB) 0 du WA 0.10-0.30 no di i zoning) 0 roorrsk4wes WA Recreation (R) 0.25 du WA 0.20 PR rani 2 roornsl WA Residential Coinmabon (RC) 0-0.25 du WA 0-0.10 PS and NA zoning) 0 rows4aces WA Residential Low (RL) 0.25-0.50 du 5 du 0.20-0.25 SS", SR, and SR-Lzoni 0 roorrwspam WA Residential Medum (RM) approx 0.5-8 du WA 0 (IS zoning) (1 duU) WA 0 Residential High (RH) approx 3-16 du 12 du 0 (IS-136), URW, and URM sorting) (1-2 Mot) 20 rooms4wes 10 Plates: (a) UK means that ma num net density bonuses shaft not be avalahfe. (b) The aloated densities for srbmerged lands, salt ponds, freshwater ponds, and mangoves shill be 0 and the mwn m net densities bmuses "not be aralable. (c) The alocated density forCFV zoning shal be 1 duueling unit per bland the madman net density bonuses shall not be avalable. (d) Makm m net derl5isy bases shall not be aralable to the SS district. (e) The alocaled der" for I.SD and URM mr*V steal be 2 and 1 dwefrg urns per lot, vespe r and the maximum ret density bonuses shall not be available. (P The madmurn net density for the UR ftU steal be 25 for units where al units ane designated as affordable housing. (g) For properties araft of hammocks pnelands or disturbed wetlands whom to Mooed UselCarrrrrerdal and Mooed user Con memial Fishing land use catago ies, the floor area ratio steal be 0.10 and the nr tmn net residential dwily bonuses nct apply. (h) Uses under the catW es of Agiwbe, Edtxmbon, InslitAonal, Pubic Fadrties, and Pubic Bindings and Uses, which have no le*oouesponding Wig, maybe inoapo &d info new a erg axing districts as appropriate. i The Mmdn m Net Density is the madmum density allowable with tie 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 1, 11, and III shall be limited for the portion of the property containing upland native vegetation in the following percentages: Tier_ Permitted Clearing I 20% II 40% (Big Pine Key and No Name Key) 111 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 Nofinrithstanding the density limitations set forth in Policy 101.4.21, land upon which a legally -established residential dwelling unit e)asts shall be entitled to a density of one dwelling unit per each such unit Such legalVestablished 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. O'he 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 Objective 101.5 Monroe County shall implement a Paint System based primarily on the Tier system of land classification in accordance with Goal 105, which directs future growth in order to: 1. encourage the redevelopment and renewal of blighted areas [9J-5.006(3Xb)2]; 2. maintain and enhance the character of the community [9J-5.006(3Xb)3]; 3. protect natural resources [9J-5.006(3Xb)4]; 4. encourage a compact pattern of development [9J-5.006(3Xb)7]; 5. encourage the development of affordable housing; and, 6. encourage development in areas served by central wastewater treatment systems. Policy 101.5.1 Monroe County shall adopt through its land development regulations a new Point System for residential (ROGO) and non-residential (NROGO) development to replace the existing Point System by no later than July 1, 2005. Except for affordable housing, this Point System, as set forth in Policy 101.5.4 for residential development and Policy 101.5.5 for non-residential development, shall be used as a basis for selecting the development applications which are to be issued permits through the Permit Allocation System pursuant to Policy 101.5.4 and Policy 101.5.5. For market rate housing units or non-residential development to be awarded allocations under the Permit Allocation System the Point System shall specify positive point factors which shall be considered as assets and shall specify negative point factors which shall be considered as liabilities in the evaluation of applications for new residential and non-residential development. Policy 101.5.2 In order to encourage a compact form of residential growth that results in infill development in platted, improved subdivisions, the Point System shall be primarily based on the Tier system of land classification as set forth under Goal 105. To discourage and limit further growth in Tier I designated areas, the annual maximum number of residential permit allocations that may be awarded in Tier I shall be no more three (3) in each of the two Residential Permit Allocation planning areas established by the Land Development Regulations. [9J-5.006(3Xc)1 and 6] Policy 101.5.3 In order to encourage a compact form of non-residential growth, the Permit Allocation System shall limit and direct new non-residential development primarily to areas designated as Tier III under Goal 105 not located within a designated Special Protection Area and provide incentives for redevelopment of existing developed and vacant infill sites. (See Policy 101.3.1.) [9J-5.006(3)(c)1] Policy 101.5.4 Monroe County shall implement the residential Permit Allocation and Point System through its land development regulations based primarily on the Tier system of land classification as set forth under Goal 105. The points are intended to be applied cumulatively. 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 Tier I [Natural Area] on Big Pine Key and No Name Name Key. +10 Proposes a dwelling unit within areas designated Tier I [Natural Area] outside of Big Pine Key or No Name Key. +10 Proposes development within areas designated Ter 11 [Transition and Sprawl Reduction Area on Big Pine !Sey or No Name Ke . +20 Proposes development within areas designated Tier III Infill &mon ft Pine Key or No Name Ke . +20 Proposes development within areas designated Tier III [Infill Area] outside of Big Pine Key or No Name Key that will result in the dearing of upland native vegetation within a Special Protection Area. +30 Proposes development within areas designated Ter 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 Narne Keys - The following negative paints 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. PointA nment• Criteria: -10 Proposes development on No Name Ke . -10 Proposes development in designated Lower Keys Marsh Rabbit habitat or buffer areas as designated in the Community Master Plan. -10 Proposes development in Key Deer Corridor as designated in the Community Master Plan. 3. Lot Aggregation — The following points shall be assigned to allocation applications to encourage the voluntary reduction of density through aggregation of legally platted buildable lots within Tier 11 and Tier III areas. Pant A nment: Criteria: +4 Each additional contiguous vacant, legally platted lot which is aggregated in a designated Ter III area outside of Big Pine Key and No Name Key that meets the aforementioned requirements will sam additional p9ints ass ' ed.* +3 Each additional con ' uous vacant, Nallatted Section 3.1 future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 27 of 91 Monroe County Year 2010 Comprehensive Plan lot which is aggregated in a designated Tier II or III area on Big Pine Key and No Name Key that meets the aforementioned requirements will earn additional points as specified. No points for lot aggregation will be awarded for any proposed development that involves the clearing of any upland native vegetation in a Tier III Special Protection Area. 4. Land Dedication -- The following points shall be assigned to allocation applications to encourage, the voluntary dedication of vacant, buildable land within Tier I designated areas and Tier III Special Protection Areas for the purposes of conservation, resource protection, restoration or density reduction and, if located in Tier III outside of Special Protection Areas, for the purpose of providing land for affordable housing where appropriate. Point Assignment, •* Criteria:* +4 Proposes dedication to Monroe County of one vacant, legally platted lot of sufficient minimum lot size and upland area to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. +1 for each 5,000 square feet of lot Proposes dedication to Monroe County of a size vacant, legally platted lot of 5,000 square feet or more in size, designated as Residential Low with a maximum net density within a Tier I area and containing sufficient upland area to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. +0.5 Proposes dedication to Monroe County of one (1) vacant, legally platted lot of at least 5,000 square feet in size within a Tier I area, designated as Residential Conservation, or Residential Low with no maximum net density, containing sufficient upland to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points asspecified. +4 Proposes dedication to Monroe County of at least one (1) acre of vacant, unplatted land located within a Tier I area containing sufficient upland to be buildable. Each additional one (1) acre of vacant, unplatted land that meets the aforementioned requirements will earn points asspecified. * Exception: Applications for a dwelling unit on Big Pine Key and No Name Key shall be awarded Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 28 or 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~ Pointnment• Crrteda. +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 far income in Policy 601.1.7 and other requirements pursuant to the Land 6. Special Flood Hazard Areas — The following points shall be assigned to allocation applications for proposed dwelling unit(s) to provide a disinoentive for locating within certain coastal high flood hazard areas: PointA nment Giteria. -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 A nment Criteria: +4 Proposes development required to be connected to a central wastewater treatment system that meets the BATIAWT 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 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 ISIURM 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 ma)dmum 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 far land classification in Policy 105.2.1, the fallowing points shall be assigned to allocation applications for proposed non-residental 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 protecton: PointAssi n rent.• 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 "exce tion" below. +10 Proposes non-residential development within an area designated Tier II [Transition and Sprawl Reduction Area on Big Pine Key and No Name Key]. +10 Proposes non-residential development that will result in the clearing of any upland native vegetation within a Special Protection Area in Tier III. +20 Proposes non-residential development within an area designated Tier III [Infill Area]. Exception: Any lawfully established non-residential development shall be assigned +20 points contingent upon no further clearing of upland native habitat and no addition to and/or expansion Of the existing lot or ,parcel upon which the existing use is located. 2. Intensity Reduction. The following points shall be assigned to allocation applications to encourage the voluntary reduction of intensity: Point Assignment Criteria: + 4 An application proposes development that reduces the permitted floor area ratio (FAR) to twenty three percent (23%) or less. 3. Land Dedication - The following points shall be assigned to allocation applications to encourage, the voluntary dedication Of vacant, buildable land within Tier I and Tier II (Big Pine Key and No Name Key) designated areas and Tier III Special Protection Areas for the purposes of conservation, resource protection, restoration or density reduction and, if located in Tier III outside of Special Protection Areas, for the purpose of providing land for affordable housing where appropriate. PointA22g2ment Criteria: +4 Proposes dedication to Monroe County of one (1) vacant, Ilegally platted 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 upland area to be buildable. Each additional vacant, legally platted, buildable lot which is dedicated that meets the aforementioned requirements will earn the additional points 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 ass ecified. +0.5 Proposes dedication to Monroe County of one (1) vacant, legally platted lot of five thousand (5,000) square feet or more within a Tier I area designated as Residential Conservation, or Residential Low with no maximum net density, containing sufficient upland to be buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. +4 Proposes dedication to Monroe County of at least one (1) acre of vacant, unplatted land located within a Tier I area containing sufficient upland to be buildable. Each additional one (1) acre of vacant, unplatted land that meets the aforementioned requirements will earn the __[points 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: PointA 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: PointAssianmen( I 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 PointA 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 bufferyardsand earking 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: PoinfAssignment.• Criteria: +4 Proposes development required to be connected to a central wastewater treatment system that meets the BATIAWT 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: PoOtA nmenf.• Criteria: +2 Proposes an employee housing unit which is located on a parcel with a non-residential use. 10. Payment to the Land Acquisition Fund — Up to two (2) points shall be awarded for a monetary payment by the applicant to the County's land acquisition fund for the purchase of lands for conservation, and retirement of development rights. The monetary value of each point shall be set annually by the County based upon the estimated average fair market value of vacant, privately -owned, buildable IVURM zoned, platted lots in Tier I. Policy 101.5.6 The Residential and Non-residential Point Systems shall be monitored on an annual basis and revised as necessary based on new studies and data in a manner that is consistent with and furthers the goals, policies, and objectives of this plan. Policy 101.5.7 Monroe County shall allow for the development of residential projects with multiple units within the PermitAllocation System. If a project ranks high enough in the Point System for a portion of the development to receive an allocation award, but the project includes more units than are available during an allocation period, the entire project may receive allocation awards if the excess allocation is reduced from the next allocation period(s). Policy 101.5.8 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 ill 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 Ter ill Special Protection Area, such scoring assignment shall be contingent upon no further clearing of upland native habitat and no addition to and/or expansion of the existing lot or parcel upon which the use is located. Policy 101.5.12 Non-residential development on Big Pine Key and No Name Key will be allocated pursuant to the following additional criteria: 1. Development must be infill in existing commercial areas in Ter 2 and Ter 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 rernainder 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 Obiec ive 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 PermitAllocation 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 PermitAllocation 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 Authorityy, Policy 101.6.3 By January 4, 1998, Monroe County shall identify potential funding sources and seek funding from state, federal, andlor 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 aoquisition efforts, such as The Nature Conservancy and the Florida Land and Sea Trust Policy 101.6.5 Monroe County, the state, or other acquisition agency shall pursue land acquisition through voluntary purchase of lands from private property owners denied a building permit through the Permit Allocation System, as the preferred option for administrative relief pursuant to Policy 101.6.1, if the subject permit is for development located within: 1. a designated Tier I area; 2, a designated Tier III Special Protection Area; or, 3. a designated Tier III area on a non -waterfront lot suitable for affordable housing. Refusal of the purchase offer by a property owner shall not be grounds for the granting of a ROGO or NROGO allocation award. Policy 101.6.6 Monroe County shall preclude the granting of administrative relief in the 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 upooming 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 ObiecdVe 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 shalt be coordinated with the City of Key West. Policy 101.7.3 By January 4, 1998, the Board of County Commissioners shall consider adopting a Finding or Findings of Necessity as specified in the Florida Community Redevelopment Act, Chapter 163, Part III, F.S. for any area or areas where such a Finding is deemed appropriate and is supported by documented need. Policy 101.7.4 By January 4, 1998, Monroe County shall prepare and adopt redevelopment plans for any area or areas for which the Board of County Commissioners adopts a Finding of Necessity. Policy 101.7.5 Monroe County shall consider privately developed redevelopment plans if prepared in conformance with Chapter 163, Part III, F. S. and approved by the Board of the County Commissioners. Policy 101.7.6 The Monroe County Planning Department, in coordination with the Office of Management and Budget Grants Manager, shall solicit state and federal funds to meet specific community needs for neighborhood revitalization and redevelopment identified by the needs assessment of potential redevelopment areas. Policy 101.7.7 Monroe County shall coordinate redevelopment efforts with interested citizens' groups, the Monroe County Housing Authority, the Monroe County Sheriffs Department, and other appropriate local, state and federal agencies. (The n3m kxW of this page left inlarWaiaily, 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)31 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 101.8A With the exception of non -conforming uses located in the Mixed UsetCommercial 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 lacated. [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 W Monroe County shall prohibit the re-establishment of non -conforming uses which have been discontinued or abandoned. [9J-5.006(3Xc)2] Policy 101.8.8 Enlargements and extensions to non -conforming structures shall be allowed, provided that: 1. the improvement does not constitute a substantial improvement 2. a non -conforming use is not located in the non -conforming structure; and 3. the nonconformity is not further violated. 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.&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 confiorming 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 stomwmter 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(3Xc)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 101.9A The County shall use the adopted Stomwwater 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 lest Intendionatly blank) Section 3.1 Future land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 39 of 91 Monroe County Year 2010 Comprehensive Plan ONective 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 Wellfreld shall be accomplished through continued implementation of the Dade County Wellfieki 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 Wellfteld, 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] M- a 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). t The remainder of this page left hterdiordly blank) Section 3.1 Future Land Use Eiement 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 Hoard, 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(3Xc)2 and 6] (The remairxlerofthis page left irk mbonalty blank.) Obiectiva 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 nonresidential 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 deficiendes in the program. The following issues shall be considered in evaluating the program: 1. revision to the current tax policy whereby owners of sites which have transferred development rights Continue to pay taxes on such rights until development orders have been issued for the transferred rights at the reoeiver 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 ElementADOPTION 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 101.13A In conjunction with the evaluation of the existing TDR program pursuant to Policy 101.13.2, parcels within the following habitats and land use districts shall be designated as sender sites for Transferable Development Rights (TDRs): Any parcel within these zoning categories: Offshore Island (OS) Sparsely Settled (SS) Main land Native (MN) Parks and Refuge (PR) Native (NA) Conservation (C) Habitat of the following types which lie within any zoning category - Freshwater wetlands Sahmarsh/Buttonwood wetlands High quality high hammock High quality low hammock Moderate quality high hammock Moderate quality low hammock High quality pinelands Low quality pinelands Beachlberm 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 rernainder of this page !eft intentionally Wink.) 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 Obkm ve 101.15 Monroe County shall enforce and update the existing Sign Ordinance in order to maintain and improve the visual character of the County and protect adjacent land uses. Policy 101.15.1 By January 4, 1998, Monroe County shall complete an evaluation of the existing Sign Ordinance and adopt revisions to the Land Development Regulations required to correct identified deficiencies and eliminate non -conforming signage conditions. [9J-5.006(3Xc)1] (The rernander of this page left (rdentionaly blank.) section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 46 of 91 Monroe County Year 2010 Comprehensive Plan obiecfive 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- matorized 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 ramirKW of this page left inkw6xially 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: 1. appointment of a hearing officer who shall give notice, schedule, and conduct a public hearing on the application; 2. the preparation of a proposed Determination including findings of fad 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 oontemplated 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 ad 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 Citeria 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 PermitAllocation 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 altemative shall be the preferred altemative 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 Oblective 101.19 Monroe County recognizes that there presently exists a significant excess of platted residential subdivision lots relative to the Countys 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 Countys 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 Countys 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-5A06(3Xc)l] 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 rernsinder of this page left intentionally blank.) section 3.1 Future Rand Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 52 of 91 Monroe County Year 2010 Comprehensive Plan Obiectlive 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 e)dsting Federal and State requirements and overall goals of the 2010 Comprehensive Plan to ensure legal requirements are met While consistency with the goals of the 2010 Comprehensive Plan is paramount, the 2010 Plan will be updated and amended where appropriate; 4. Each Community Master Plan will be closely coordinated with other community plans and other jurisdictions to ensure development or redevelopment activities will not adversely impact those areas; 5. Each Community Master Plan will include appropriate mechanisms allowing citizens continued oversight and involvement in the implementation of their plans. Through the Community Master Plans, programs for ongoing public involvement, outreach, and education will be developed; 6. Each Community Master Plan will include a Capital Improvements program to provide certainty that the provision of public facilities will be concurrent with future development 7. Each Community Master Plan will contain an environmental protection element to maintain existing high levels of environmental protection as required in the 2010 Comprehensive Plan; 8. Each Community Master Plan will include a community character element that will address the protection and enhancement of existing residential areas and the preservation of community character through site and building guidelines. Design guidelines for public spaces, landscaping, streetscaping, buildings, parking lots, and other areas will be developed through collaborative efforts of citizens, the Planning Department, and design professionals reinforcing the character of the local community context; 9. Each Community Master will include an economic development element addressing current and potential diversified economic development strategies including tourism management The preservation and retention of valued local businesses, existing economies, and the development of economic alternatives will be encouraged through the process; 10. Each Community Master Plan will contain a Transportation Element addressing 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 e)asting conditions in each community. The Planning Department will compile existing reports, databases, maps, field data, and information from other sources supplemented by community input to document Current conditions; and 12. Each Community Master Plan will simplify the planning process providing clarity and certainty for Citizens, developers, and local officials by providing a transparent framework for a continuing open dialogue with different participants involved in planning issues. Policy 101.20.2 The Community Master Plans shall be incorporated into the 2010 Comprehensive Plan as a part of the plan and be implemented as part of the Comprehensive Plan. The following Community Master Plans have been completed in accordance with the principles outlined in this section and adopted by the Board of County Commissioners: 1. Master Plan for Future Development of Big Pine Key and No Name Key, dated August 2004 and adopted by the Board of County Commissioners on August 18, 2004 is incorporated by reference into the 2010 Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the term Objectives in the Comprehensive Plan and the term Action Item is equivalent to the term Policy, the meanings and requirements for implementation are synonymous. 2. The Livable CommuniKeys Master Plan for 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 IslandlKey Haven Livable Commun!" 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 Reservahbn1Redeve1opment 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 ter} 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 M inWy6onally 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)] Obiective 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. saft 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 sail 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. [gJ-5.006(3) (c) 1 and 6] (The remainder of this page left inbnbonaly blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 56 of 91 Monroe County Year 2010 Comprehensive Plan Obiecdw 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 1022-1 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 n inkier of this page left in6mtk nelly blank.) section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 57 of 91 Monroe County Year 2010 Comprehensive Plan Objective 102.3 By January 4, 1997, Monroe County shall adopt Land Development Regulations which will direct new development to areas having appropriate topography and soil conditions and to where site disturbance and man's activities will have fewer adverse effects on natural vegetation, terrestrial wildlife, natural landforms and marine resources. [9J-5.006(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 reduoe 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 enoourage infill development where existing lands are already substantially developed, served by complete infrastructure facilities and within dose proximity to established commercial areas and have few sensitive or significant environmental features; 7. to ensure that the ecological integrity of natural areas is protected when land is developed; and 8. to reduce adverse impacts on endangered and threatened species. Accordingly, the Point System, which shall be used as the basis for the annual allocation of permits, shall assign negative and/or positive points to development applications that help to achieve the above environmental protection goals. (See Future Land Use Objective 101.5 and related policies for a list of positive and negative factors to be included in the Permit Allocation System.) [9J-5.006(3Xc)1 and 6] Policy 102.3.2 Monroe County shall require development clustering so as to avoid impacts on sensitive habitats and to provide for the preservation of all required open space in a contiguous, non -fragmented condition by requiring the following: 1. when a parcel proposed for development contains more than one (1) habitat type, all development shall be clustered on the least sensitive portion(s) of the parcel (as is currently required): and 2. development permitted on the least sensitive portion(s) of a parcel shall be clustered within that portion(s) of the parcel. (See Conservation and Coastal Management Policy 205.2.3). [9J-5.013(2xc)3] (The remainder of this page left intentonally blank.) section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 58 of 91 Monroe County Year 2010 Comprehensive Ran 4biective 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, LISFWS and other responsible federal and state agencies. [9J-5.006(3Xc)4 and 61 Policy 102A,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 dearing 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 102AA The Monroe County Land Aoquisition Master Plan shall contain an acquisition financing plan which identfies 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 primary responsibility for acquisition of Tier I, conservation and natural lands. The County shall be responsible for purchases in Ter 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 intergovemmental 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,E The Monroe County Land Aoquisition Master Plan shall contain policies to direct the Overall aoquisition program, criteria to follow when setting priorities for acquisition and a framework for the acquisition process and the sharing of responsibilities. At a minimum the plan shall include the following: 1. Environmental protection, density reduction and passive recreation: a) public acquisition, ownership and maintenance will be the preferred option for Ter I lands and for dusters of undisturbed wetland and tropical hardwood hammock, or pineland patches of one acre or greater in size in Tier 11(Big Pine and No Name Key) and Tier III; b) buy/sell back to the adjacent property owner's option will be followed in Tier II, where sprawl and density reduction and mitigation requirements of the Habitat Conservation Plan for Big Pine Key and No Name Key are the prime impetus for land purchase. A higher priority for acquisition will be given to those parcels in Tier II (Big Pine and No Name Key) with neighboring properties owners or communities who want to partner with the county to purchase the lots and take responsibility for maintenance and protection of any areas of native vegetation; c) purchased lands that can also provide needed recreational opportunities will be identified in coordination with the Parks and Recreation Board and a plan for utilization developed; d) non -purchase options will also be explored and specific recommendations included; e) cr Leda for the ranking of land acquisitions within the different priority areas will include 1) the size and the location of the property and surrounding land uses including management status, 2) minimization of the edge to 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/prlvatetnon-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] Obiec Uw 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)4j Policy 102.5.1 Monroe County shall develop and implement permitting, inspection, and enforcement procedures designed to reduce pollutant discharges into ground and surface waters from: 1. on -site disposal systems (by January 4,1998) (See Sanitary Sewer Goal 901 and related objectives and policies); 2. secondary sewage treatment plants and injection wells (by January 4, 1998) (See Sanitary Sewer Goal 901 and related objectives and policies); 3. moored/anchored vessels (iiveaboards) in near -shore waters (by January 4, 1998) (See Conservation and Coastal Management Objective 202.4 and related policies); 4. marinas and fueling facilities (by January 4, 1998) (See Conservation and Coastal Management Element Objective 202.5 and related policies); and 5. stormwater runoff (by January 4, 1997) (See Drainage Goal 1001 and related objectives and policies). [9J-5.006(3Xc)4 and 6] (The mnudnder of ft page left irikw&nally 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 pollut•ant 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 102.62 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 rernainderof 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(3Xb)1 and 4; 9J- 5.006(3Xb)4] Policy 102.7.1 By January 4, 1998, Monroe County shall expand its Geographic Information System to include the following: offshore islands in the Upper, Middle and Lower Keys (in public and private ownership); 2. upland and wetland vegetation data for offshore islands in private ownership; 3. land use data for offshore islands in private ownership; and 4. public facilities and services. Data shall be obtained using digital information made available to Monroe County through the Florida Advance Identification of Wetlands (ADID) Program and from the Florida Keys National Marine Sanctuary Management Plan program. [9J-5.006(3Xc)6] Policy 102.7.2 By January 4,1997, Monroe County shall adopt Land Development Regulations which will further restrict the activities permitted on offshore islands. These shall include the following: 1. development shall be prohibited on offshore islands (including spoil islands) which have been documented as an established bird rookery or nesting area (See Conservation and Coastal 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 by4ight 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(3Xc)6] Mie rernabxW of this page left inWntionally blank.) SeC6on 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 65 of 91 Monroe County Year 2010 Comprehensive Plan Objective 102.8 Monroe County shall take actions to discourage private development in areas designated as units of the Coastal Barrier Resources System. [9J-5.006(3Xb)4] Policy 102.8.1 Monroe County shall discourage developments which are proposed in units of Coastal Barrier Resources System (CBRS) [9J-5.006(3Xc)6] Policy 102.8.2 Upon adoption of the Comprehensive Plan, Monroe County shall not create new access via new bridges, new causeways, new paved roads or new commercial marinas to or on units of the Coastal Barrier Resources System (CBRS). [9J-5.005(3Xc)6] Policy 102.8.3 By January 4,1997, shoreline hardening structures, including seawalls, bulkheads, groins, rip -rap, etc., shall not be permitted along shorelines of CBRS units. [9J-5.006(3Xc)6] Policy 102.8.4 By January 4, 1998, privately -owned undeveloped land located within the CBRS units shall be considered for acquisition by Monroe County for conservation purposes through the Monroe County Natural Heritage and Park Program. [9J-5.006(3Xc)6] Policy 102.8.5 Monroe County shall efforts to discourage the extension of facilities and services provided by the Florida Keys Aqueduct Authority and private providers of electricity and telephone service to CBRS units. These efforts shall include providing each of the utility providers with: 1. a map of the areas of Monroe County which are included in CBRS units; 2. a copy of the Executive Summary in Report to Congress: Coastal Barrier Resources System published by the U.S. Department of the Interior, Coastal Barriers Study Group, which specifies restrictions to federally subsidized development in CBRS units; 3. Monroe County policies regarding local efforts to discourage both private and public investment in CBRS units [9J-5.006(3Xc)6] (The remainder of this page left inbntionally blank.) section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 66 of 91 Monroe County Year 2010 Comprehensive Plan Obiedive 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 specific management strategies may be modified as the program progresses, acquisitions continue and new information becomes available through biological research or monitoring of the management units. [9J-5.006(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 102.9A 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 offt page left intentionally blar k.) 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] Obiecfive 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 vircinianus davium); (b) preserve and enhance the habitat of the Key deer, (c) limit the number of additional vehicular trips from other islands to Big Pine Key, (d) maintain the rural, suburban, and open space character of Big Pine Key, and (e) prevent and reduce adverse secondary and cumulative impacts on Key Deer. [9J-5.006(3Xb)1 and 4] Policy 103.1.3 Monroe County shall identify Key deer habitat areas as priority acquisition sites for conservation purposes. Emphasis shall be placed upon acquisition of movement corridors, sources of fresh water, and undisturbed native vegetation areas which are located within Improved Subdivisions and which are outside of the acquisition areas identified by the FWS (for the National Key Deer Refuge), DNR (for the Coupon Bight CARL Project), and SFWMD (for the Big Pine Key Save Our Rivers project). Acquisition shall be considered through the Monroe County Natural Heritage and Park Program. (See Objective 102.4 and related policies.) [9J-5.012(3Xc)1; 9J-5.013(2Xc)5 and 6] Policy 103.1.4 Monroe County shall support, wherever possible, the efforts of federal agencies, state agencies, and private non-profit conservation organizations, to acquire land for conservation purposes within habitat areas of the Key deer. [9J-5.012(3Xc)1; 9J- 5.013(2Xc)5 and 6] (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 federalVdesignated 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 rerrviryer of this page left bl endonaly blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 69 of 91 Monroe County Year 2010 Comprehensive Plan Objective 103.2 Monroe County, in coordination with the FWS, shall regulate future development and coordinate the provision of public facilities in North Key Largo consistent with the Goals, Objectives and Policies of this Comprehensive Plan in order to maintain the rural and open space character of North Key Largo, as well as to preserve and enhance the habitat of four (4) species of animals listed as endangered under the Endangered Species Act, including the American crocodile (Crocodylus acutus), the Key Largo wood rat (Neotoma floddana small►), the Key Largo cotton mouse (Per myscus gowWinus allapabdola), and the Schaus swallowtail butterfly (He►aclides an'stodemus ponceanus). North Key Largo is defined as that portion of Key Largo Located between the junction of State Road 905 and U.S. Highway 1 and the Dade County boundary at Angelfish Creek. [9J-5.006(3Xb)1 and 4] Policy 103.2.1 Monroe County shall implement methods including, but not limited to, designating known habitat of the Schaus swallowtail butterfly as Tier I. [9J-6.012(3)(c)1; 9J-5.013(2xc)5 and 61 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 103.2A Upon adoption of the Comprehensive Plan, Monroe County shall require that the fallowing analyses be undertaken prior to finalizing plans for the sling of any new public facilities or the significant expansion (greater than 25 percent) of existing public facilities: assessment of needs 2. evaluation of alternative sites and design altematives for the selected sites; and 3. assessment of impacts on surrounding land uses and natural resources. The assessment of impacts on surrounding land uses and natural resources will evaluate the extent to which the proposed public facility involves public expenditures in the coastal high hazard area and within environmentally sensitive areas, including disturbed salt marsh and buttonwood wetlands, undisturbed beachlberm areas, units of the Coastal Barrier Resources System, undisturbed uplands (particularly high quality hammocks and pinelands), habitats of species considered to be threatened or endangered by the state and/or federal governments, offshore islands, and Conservation Land Protection Areas. Monroe County shall require that public facilities be developed on the least environmentally sensitive lands and shall prohibit the location of public facilities on North Key Largo, unless no feasible alternative exists and such facilities are required to protect the public health, safety, or welfare. 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 PKAA compliance with federal rag ulations 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 IFKAA 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: 1. American crocodile (See Conservation and Coastal Management Objective 207.8 and supporting policies); 2. Schaus swallowtail butterfly (See Conservation and Coastal Management Objective 207.10 and related policies); and 3. the Key Largo wood rat and the Key Largo cotton mouse (See Conservation and Coastal Management Objective 207.12 and related policies.) 9J-5.012(3Xb)1; 9J- 5.013(2Xb)6] Policy 103.2.7 Monroe County shall identify native upland habitats used by the Schaus swallowtail butterfly and the Key Largo wood rat and the Key Largo cotton mouse as priority acquisition sites for conservation purposes. Emphasis shall be placed upon acquisition of native upland sites which are located within Improved Subdivisions and which are outside of the acquisition areas identified by the FWS (for the Crocodile Lake National Wildlife Refuge), and ©NR (for the Key Largo Hammock CARL Project). Acquisition shall be considered through the Monroe County Natural Heritage and Park Program. (See Objective 102.4 and related policies.) [9J-5.012(3Xc)1; 9J-5.013(2Xc)5 and 6] Policy 103.2.8 By January 4, 1998, Monroe County shall complete and implement a cooperative land management program for private and county -owned lands located within and adjacent to state and federal govemment-owned parks and conservation lands which are within or affected by land uses in North Key Largo, including: Crocodile Lake National Wildlife Refuge; 2. John Pennekamp Coral Reef State Park; 3. North Key Largo Hammock Slate 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(3Xc)1; 9J-5.013(2Xc)5 and 6] Policy 103.2.10 section 3.1 Future Land Use Element ADOPTION RATE: 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.) PJ-5.006(3Xb)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 1032.12 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 1032.13 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 intenfiaially 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] (rhe 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 Obiecdw 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 103AI 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 41998, 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 hounds of any potential historic districts such as those preliminary identified on Conch Key, in Islamorada, and in Marathon. [9J- 5.006(3Xc)B] 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- 5A06(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 Countys 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 re mirKAw of this page left inbntionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 75 of 91 Monroe County Year 2010 Comprehensive Plan sec ive 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 historiclarc haeological 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 afteration 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 104.2A 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)g] 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 rerriaindw of this page left intentionally blark) 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 1K&I 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 Histaic Register. The adopted LDRs shall: 1. establish a histodclarchaeological review board to review development proposals which impact designated historic resources; 2. list the qualifications and selection criteria for review board members; 3. specify the criteria for local designation of historic resources guided by the criteria for designation to the National Register, 4. incorporate the procedure for local designation as specified in Article Vlll 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 afteration 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 privateiy-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 ADOPT[ON 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 -win -Aid. Within sic 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)B] 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 intro tionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 79 of 91 Monroe County Year 2010 Comprehensive Plan Ob active 104.4 Monroe County shall adopt and implement measures for the protection and preservation of historic resources on public lands. [9J-5.006(3Xb)4J Policy 104A1 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 104A2 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 104A3 Development plans on County -owned lands which contain historic resources listed on the Florida Keys Historic Register shall be subject to review by the historiclarchaeological review board established pursuant to Policy 104.3.1(a). [9J-5.006(3Xc)8] Policy 104AA Monroe County shall increase its participation in the resource planning of federal and state owned parks, wildlife refuges, military installations and other state or federal properties. Monroe County shall review resource plans, development plans and master plans prepared for these areas, evaluate impacts on historic resources, and submit comments to the appropriate agencies. [9J-5.006(3Xc)8] Policy 104.4.5 Through a lease agreement, Monroe County shall require that the lessee of Pigeon Key or any other County -owned historical or archaeological site designated on the Local or National Register. 1. conform, at a minimum, to the Secretary of the Interior's Standards for Rehabilitation for any permanent or temporary development of the site; and 2. retain the historical, architectural, and/or archaeological integrity of the site, as approved by a professional who meets the appropriate Professional Qualifications specified in the Code of Federal Regulations, Section 61, Number 36. [9J- 5.006(3Xc)8] Policy 104A6 Before the County may sell Pigeon Key, Monroe County shall develop and adopt architectural guidelines for this National Register Historic District (Me rernakxler of this page left intentionally blank.) Secdon 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 P. 80 of 91 Monroe County Year 2010 Comprehensive Plan Ob'ecdve 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 forjoint 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 Parts 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 104.52 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)Sj 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 104.5A 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 benefit, of listing. [9J-5.006(3Xc)8] Policy 104.&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. j9J-5.O06(3Xc)0j (The remainder ofthis page left inlendonaliy blank,) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 Monroe County Year 2010 Comprehensive Plan P. 82 of 91 Oblective 104L6 Monroe County shall coordinate with public agencies and non-profit organizations to protect, presence and increase awareness of historic resources. [9J-5.006(3Xb)4] Policy 104.&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)81 Policy 104.62 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)81 Policy 104.6A 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)8l 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 maplguide. [9J-5.006(3Xc)81 Policy 104.6.6 By January 4, 1998, the County shall submit funding proposals for the following historic preservation projects: 1. Develop architectural guidelines for any historic districts listed on the Florida Keys Historic Register, 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. • Expand documentation of the Keys history through the collection of written records and recording recollections of remaining early settlers in written, video or audio form; and 4. Complete detailed documentation and research for remaining historic resources which may be eligible for the Local or National Register. [9J-5.006(3xc)8] (The remaincWof this page left intentionally blank.) Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20.2010 Monroe County Year 2010 Comprehensive Plan P. 84 of 91 GOAI-105 Monroe County shall undertake a comprehensive land acquisition program and smart growth initiatives in conjunction with its Livable Comm uniKeys Program in a manner that recognizes the finite capacity b recog Pam for new development in the Florida Keys y 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. Ob'ective 105.1 Monroe County shall implement smart growth initiatives in conjunction with its Livable CommuniKeys and Land Acquisition Programs which promote innovative and fiexible development processes to preserve the natural environment, maintain and enhance the community character and quality of life, redevelop blighted commercial and residential areas, remove barriers to design concepts, reduce sprawl, and direct future growth to appropriate infill areas. Policy 105.1.1 Monroe County shall create an economic development framework for a sustainable visitor - based economy, not dependent on growth in the absolute numbers of tourists, that respects the unique character and outdoor recreational opportunities available in the Florida Keys. Policy 105.1.2 Monroe County shall prepare design guidelines to ensure that future uses and development are compatible with scenic preservation and maintenance of the character of the casual island village atmosphere of the Florida Keys. Policy 105.1.3 Monroe County shall prepare development standards and amend the Land Development Regulations to limit non-residential allocations for new floor space on any one site to foster the retention and redevelopment of small businesses on the US # 1. Policy 105.1.4 Mom Co>anty shall prepare redevelopment staridanis and amend the Land Development Regulations to address the large number of non-confomung comrnercial stnictt u,es that are non- compliant as to on -site parking, lion and shoreline setbacks, stormwater maxtagement, landscaping and buffers. By iden*:ing the existing character and constraints of the differ errt island communities, regukations 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 ill) in accordance with Policy 105.2.2. Policy 105.1.6 Monroe County shall prepare amendments to this Plan and its Land Development Regulations that comprehensively revise the e)asting non-residenfial 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 Monroe County Year 2010 Comprehensive Plan P. of 91 Objective 105.2 Monroe County shall implement with assistance of the state and federal govemments 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 Il) on Big Pine Key and No Name Key only; and Infill Area (Tier lll). The purposes, general characteristics, and growth management approaches associated with each tier are as follows: Natural Area (Tier I): Any defined geographic area where all or a significant portion of the land area is characterized as environmentally sensitive by the policies of this Plan and applicable habitat conservation plan, is to be designated as a Natural Area. New development on vacant land is to be severely restricted and privately owned vacant lands are to be acquired or development rights retired for resource conservation and passive recreation purposes. However, this does not preclude provisions of infrastructure for existing development. Within the Natural Area designation are typically found lands within the acquisition boundaries of federal and state resource conservation and park areas, including isolated platted subdivisions; and privately -owned vacant lands with sensitive environmental features outside these acquisition areas. 2. Transition and Sprawl Reduction Area (Tier II): Any defined geographic area on Big Pine Key and No Name Key, where scattered groups and fragments of environmentally sensitive lands, as defined by this Plan, may be found and where existing platted subdivisions are not predominately developed, not served by complete infrastructure facilities, or not within close proximity to established commercial areas, is to be designated as a Transition and Sprawl Reduction Area. New development is to be discouraged and privately owned vacant lands acquired or development rights retired to reduce sprawl, ensure that the Keys carrying capacity is not exceeded, and prevent further encroachment on sensitive natural resources. Within a Transition and Sprawl Reduction Area are typically found: scattered small non-residential development and platted subdivisions with less than 50 percent of the lots developed; incomplete infrastructure in terms of paved roads, potable water, or electricity; and scattered clusters of environmentally sensitive lands, some of which are within or in close proximity to existing platted subdivisions. Section 3.1 Future Land Use Element ADOPTION DATE: OCTOBER 20, 2010 Monroe County Year 2010 Comprehensive Plan P. 88 of 91 3. Infill Area (Tier Ili): 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 it (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 ll. Federal, State and local funding will be used for purchasing privately owned vacant lands for Tier 1I. 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 li) on Big Pine Key and No Name Key and patches of tropical hardwood hammock or pineiands of one acre or greater in area identified as a Special Protection Area within a designated Infili Area (Tier ill). 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 Infiil Area (Tier lii). 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 it 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 il, 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 Monroe County Year 2010 Comprehensive Plan P. 88 of 9i 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 (Infiil Area). A Community Center is characterized as a defined geographic area with a mix of retail, personal service, office and tourist and residential uses (generally of greater than 8 units per acre). Community Centers shall be designated as receiving areas for transfer of development rights and shall receive special incentives in the non-residential permit allocation system. _Obiective 105.3 Monroe County shall implement its 20-Year Land Acquisition Program and smart growth initiatives in conjunction with its Livable CommuniKeys Program and shall make appropriate amendments to this Plan and the Land Development Regulations including, but not necessarily limited to the residential and non-residential permit allocation systems. GOAL 106: RESERVED GOAL 107 Monroe County shall ulate land use and development activities of scarified and/or filled sons of parcels oontainii2g environmentally sensitive areas by the enactment of area -specific regulations that allow development to occur subiect to iimihations 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 subarea 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 pqtential 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. 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 Key Mixed Use Area 1: REAL ESTATE I TOTAL I ACRES NUMBER ACREAGE I 00114150-0000001 18.12 00114150- 0004001 2.6 0.79 8.46 8.87 2.6 FLUM CONSERVATION BERM TO BE DESIGNATION EASEMENT LOCATED ON ACREAGE PARCEL N/A N/A Ramrod Key Mixed Use Area N/A x RC 8.87 Ramrod Key Mixed Use Area 0 And on which a concentration of non-residential uses exists indudi approAmatety 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 enerated in construction demolition and hared clearini Logether 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 ui ment and machinery. d. Outdoor and covered storage and processing of demolition debris and construction materials. e. Stora-ge buildings. f. Abo round fuel tanks. 2. An antenna s.upporfing structure with accessory buildiLig. 3. Residential uses consistent with the former RL future land use map des' nation and with SS zoning. -Single family residences shall be limited to the existi residence indudi any —replacement thereof) and no more than four 4 additional single family residences. 4. Outdoor sto a refinishina, repair and/or rebuilding of vehicles, boats and trailers that do not constitute a heaw industrial use. Development of the Ramrod Key Mixed Use Area 1 shall be sub'ect to the restrictions set out below. 1. Wetlands and hammock areas adiaoent to outdoor storage shall be Droteded b . a. Recordation of a conservation easement DrohlbiGng all development activities on the approArnately 8.87 awes of wetlands within the Eastedy porfion of parcel 00114150- 000000. The area to be conserved is delineated on the ma below. b. Construction and maintenance of a berm no less than 3 feet in height on scarified land along the Westedy ecLoe of the wetlands portion of parcel 00114150-000000 a5 de icted 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 Dermit for berm construdtion, Monroe County shall require submission of a stormwater management plan adequate to Dmtect the wetlands Dordon of the Darcel from dggradafion attributable to stormwater runoff from the adiacent scarified porfign utillmd for outdoor stoma a construction and demolition activities. RAMROD KEY MIXED USE AREA 1 N 00114150400000 j RAMROD KEY MI;ED USE AREA 1 Berm MC{0.79aol RE # 000114150-0000 i&46 ail !CONSERVQ►TIOtV EgSEMENT 40114150-000060 Jwr serav�xk�w NEwr 0r K l RE # 00114150-00040D may/ � p .,,_3RWMd✓,VMU anar@od •'Yd A�tit a:7 (188C) 'IBC ($.87 C) a 1' Key: Ro od Mlle Mark", 20 Map AmertlmerV is Anee8r8.8T Acres mk ^._ Ilerrdng Wrimn: 2010 Date d Adoptlw October 2D, 2MO 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 ORDINANCE NO. m --2off 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 I 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. 3. 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. 9.5-51 l(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. 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 114-4 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. Mayor George Neugent C3 _, Mayor Pro Tem Sylvia Murphy Yes .. (D a� Commissioner Kim Wigington -Yes _ W Commissioner Heather Carruthers yea � ' �` Commissioner Mario Di Gennaro �s C2.BOARD OF COUNTY COMMISSIONERS OF MONROE p COUNTY, FLORI A W . _r r- i CCD BY ` Mayor George Neugent (SEAL) -ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Page 4 of 4 Exhibit• 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) �� �� � ".��� -- �_ a e � �� ;, � �. ,�, ,t .. - __. ,u. i ,� �. :r�. + �. ��. _�. ��, �' .:,.^. � � b �Fx ., ,�, ;, �, ��"' �4. w'� x • �. �. � e j .� ■ �� .gyp B BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 20, 2010 Division: Growth Management Bulk Item: Yes__,_ No X Department: Planning & Environmental Resources Staff Contact Person: Christine Hurley, AICP Director of Growth Management AGENDA ITEM WORDING: A public hearing to consider an ordinance to amend the Monroe County Year 2010 Comprehensive Plan Future Land Use Map (FLUM) for a portion of RE # 00114150-000000 (8.46 acres) and all of RE # 00114150-000400 (2.6 acres) designation from Residential Low (RL) to Ramrod Key Mixed Use Area 1, repealing and rescinding Ordinance 018-2009 which previously approved FLUM designation from Residential Low (RL) to Mixed Use I Commercial (MC) pursuant to a Settlement Agreement in DOAH Case No. 09-4153GM. ITEM BACKGROUND: Rudolph and Roseann Krause filed an application for a comprehensive plan amendment to amend a portion of RE # 00114150-000000 (8.46 acres) and all of RE # 00114150-000400 (2.6 acres) Future Land Use Map (FLUM) designation from Residential Low (RL) to Mixed Use / Commercial (MC) on April 29, 2008. The DCA sent its Objections, Recommendations and Comments (ORC) to the 09-01 Monroe County Comprehensive Plan Amendment package on April 7, 2009. Monroe County adopted the proposed amendment by Ordinance 018-2009 on June 2, 2009. The Florida Department of Community Affairs (DCA) issued its Statement of Intent finding the amendment not in compliance on July 24, 2009. Ordinance 018-2009 was referred to the Division of Administrative Hearings Case No. 09-4153GM. A Settlement Agreement is being proposed as a companion item on this agenda. It will be heard before this item and must be signed by the DCA prior to adoption of the text amendment. As part of the Settlement Agreement, a conservation easement and berm are required and a Ramrod Key Mixed Use Area 1 sub -area policy is created. This ordinance adopts the map amendment which delineates the geographic area covered by the sub -area policy for Ramrod Key Mixed Use Area 1. The following is a chart for the attached Future Land Use Map amendment showing a breakdown of the previous recommended and new FLUM designation on the two (2) subject parcels: ACRES BASED PREVIOUSLY AMENDED or CONSERVATION BERM TO BE REAL ESTATE TOTAL PREVIOUS ON PREVIOUS ACRES TO CHANGE RECOMMENDED MAINTAINED FLUM COLORS EASEMENT LOCATED ON NUMBER ACREAGE FLUM FLUM FLUM DESIGNATION BASED ON MAP ACREAGE PARCEL ON SETTLEMENT N/A (not included MU 0.79 N/A in original N/A RED N/A 001141SO-0000DO 18.12 applicatlonl RL 8.46 8.46 MU Ramrod Key Mixed Use PINK N/A x Area 1 RC 8.87 0 N/A RC GREEN 8.87 002141SG-DD0400 2.6 RL 2.6 2.6 MU Ramrod Key Mixed Use PINK 0 Area 1 11.06 Acres to 8.87 Acres within Sub -area Policy Conservation Easement PREVIOUS RELEVANT BOCC ACTION: January 26, 2009-the BOCC transmitted Resolution 2009-003 to the Florida Department of Community Affairs (DCA) amending the Future Land Use Map (FLUM) designation from Residential Low (RL) to Mixed Use I Commercial (MC) on the entire parcel of RE # 001 14150-000400 (2.6 acres) and on a portion of RE # 001 14150-000000 (8.46 acres). June 2, 2009-the Future Land Use Map amendment was adopted by the BOCC by Ordinance 018-2009. October 20, 2010 — Adoption of Settlement Agreement in DOAH Case NO.09-4153GM. CONTRACTIAGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: BUDGETED: Yes No _ COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes _,., No AMOUNT PER MONTH_ Year APPROVED BY: County Atty x OMB/Purchasing _ Risk Management DOCUMENTATION: Included x Not Required_ DISPOSITION: AGENDA ITEM # 1 � 2 3 4 5 6 ORDINANCE NO. -2010 7 8 9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 10 COUNTY COMMISSIONERS REPEALING AND RESCINDING 11 ORDINANCE 018-2009 AND APPROVING AN AMENDMENT TO 12 THE FUTURE LAND USE (FLUM) DESIGNATION FROM 13 RESIDENTIAL LOW (RL) TO RAMROD KEY MIXED USE AREA 14 1 FOR RE # 00114150-000400 (2.6 ACRES) AND FOR PORTION OF 15 RE # 00114150-000000 (8.46 ACRES), RAMROD KEY, MONROE 16 COUNTY, FLORIDA, GULF SIDE, APPROXIMATELY MILE 17 MARKER 26.5; PROVIDING FOR SEVERABILTTY; DIRECTING 18 THE DIRECTOR OF PLANNING TO FORWARD A COPY TO 19 THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; 20 PROVDING FOR FILING WITH THE SECREATARY OF STATE; 21 PROVIDING FOR THE INCORPORATION INTO THE 22 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE 23 DATE 24 25 26 27 WHEREAS, Roseann & Rudolph Krause (Applicant) submitted an application to amend 28 the Monroe County 2010 Comprehensive Plan on April 29, 2008 from Residential Low (RL) to 29 Mixed Use / Commercial on the entire RE # 00114150-000400 (2.6 acres) and on a portion of 30 RE # 00114150-000000 (8.46 acres); and 31 32 WHEREAS, a public hearing tools place on January 26, 2009 to consider transmittal of a 33 Resolution 2009-003 to the Florida Department of Community Affairs (DCA) at the request of 34 Roseann & Rudolph Krause, proposing an ordinance to amend the subject property's Future 35 Land Use Map (FLUM) designation from Residential Low (RL) to Mixed Use / Commercial 36 (MC); and 37 38 WHEREAS, the DCA sent its Objections, Recommendations and Comments (ORC) to 39 the 09-01 Monroe County Comprehensive Plan Amendment package and the Monroe County 40 (County) responded to the ORC Report; and 41 P. 1 of 3 Exhibit I — Settlement Agreement BOCC: October 20, 20I0 Exhibit A — Statement of Intent Exhibit B -- Sub -Area Policy Exhibit B-I — DCA's Aerial Conservation Easement with Berm Exhibit B-2 — Monroe County's Map/Diagram Conservation Easement with Berm Exhibit C — Future Land Use Map of Ramrod Key Mixed Use Area I Exhibit D — Conservation Easement Exhibit 2 — Monroe County's Future Land Use Map I WHEREAS, on June 2, 2009, the Future Land Use Map amendment was adopted by the 2 BOCC by Ordinance 018-2009; and 4 WHEREAS, Ordinance 018-2009 was the subject of DOAH Case No. 09-4153GM 5 between the DCA, the County and the Applicant, as €ntervernors; and 6 7 WHEREAS, the DCA issued its Statement of Intent (Exhibit A of attached Settlement 8 Agreement Exhibit 1) finding the amendment not in compliance pursuant to Section 9 163.3184(10), Florida Statutes, and Rule 9J-11.012(6), F.A.C.; and 10 11 WHEREAS, the Applicant has consented to the Settlement Agreement (Exhibit 1) and 12 the Settlement Agreement was approved by the County on October 20, 2010 and the DCA on 13 October 20, 2010; and 14 15 WHEREAS, the Settlement Agreement includes proposed text (Exhibit B of attached 16 Settlement Agreement Exhibit 1) to be added to the Monroe County Comprehensive Plan 17 designating Ramrod Key Mixed Use Area 1 (Exhibit B-2) that includes specific regulations that 18 allow development to occur subject to limitations and conditions designed to protect natural 19 resources; and 20 21 WHEREAS, Monroe County supports the creation of Ramrod Key Mixed Use Area 1; 22 and 23 24 WHEREAS, the Settlement Agreement (Exhibit 1) further requires the adoption of a 25 Future Land Use Map amendment from Residential Low (RL) to Ramrod Key Mixed Use Area 1 26 for the area delineated on Exhibit B-1 and Exhibit B-2, containing 11.06 acres, encompassing a 27 portion of RE # 00114150-000000 (8.46 acres) and all of RE # 00114150-000400 (2.6 acres). 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 30 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 31 32 Section 1. Ordinance 0 18 -2009 is hereby repealed and rescinded. 33 34 Section 2. The Future Land Use Map designation for all of RE # 00114150-000400 (2.6 35 acres) and a portion of RE # 00114150-000000 (8.46 acres) is amended on the 36 Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan, 37 from Residential Low (RL) to Ramrod Key Mixed Use Area 1, containing 11.06 38 acres as shown on Exhibit 2. 39 P. 2 of 3 Exhibit I Settlement Agreement BOCC- October 20, 2010 Exhibit A - Statement of Intent Exhibit B - Sub -Area Policy Exhibit B-1= DCA's Aerial Conservation Easement with Berm Exhibit B-2 = Monroe County's MapVigpvn Conservation Easement with Berm Exhibit C • - Future Land Use Map of Ramrod Key Mixed Use Area I Exhibit D - Conservation Easement Exhibit 2 - Monroe County's Future Land Use Map I Section 3. If any section, subsection, sentence, clause, item, change, or provision of this 2 ordinance is held invalid, the remainder of this ordinance shall not be affected by 3 such validity. 4 5 Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby 6 repealed to the extent of said conflict. 7 8 Section 5. This ordinance shall be transmitted by the Director of Planning to the Department 9 of Community Affairs pursuant to Chapter 163 and 380, Florida Statutes. 10 11 Section 6. This ordinance shall be filed in the Office of the Secretary of the State of Florida 12 but shall not become effective until a notice is issued by the Department of 13 Community Affairs or Administration Commission finding the amendment in 14 compliance with Chapter 163, Florida Statutes after applicable appeal periods 15 have expired. 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 Section 7. This amendment to the future land use map shall be incorporated into the Monroe County Year 2010 Comprehensive Plan. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 20th day of October A.D., 2010. Mayor Sylvia Murphy Mayor pro tem Heather Carruthers Commissioner Kim Wigington Commissioner Mario Di Gennaro Commissioner George Neugent BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA II -VA (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK P. 3 of 3 Exhibit 1 — Settlement Agreement Mayor Sylvia Murphy MONK OUNTY ATTORNEY P R ED,AS TO FOR Date: BOCC: October 20, 2010 Exhibit A — Statement of Intent Exhibit B — Sub -Area Policy Exhibit 13-1— DCA's Aerial Conservation Easement with Berm Exhibit B-2 — Monroe County's MapUagram Conservation Easement with Berm Exhibit C — Future Land Use Map of Ramrod Key Mixed Use Area 1 Exhibit D — Conservation Easement Exhibit 2 — Monroe County's Future Land Use Map STATE OF 1 ' 1 DIVISION OF ADMINISTRATIVEHEARINGS Petitioner, VS. MONROE COUNTY, Respondent, and Intervenors. 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 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(10), Florida Statutes, and Rule 9J-11.012(6), F.A.C.; and W IEREAS, 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: N 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. Sul2u2rt 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. Description of Provisions not in Coml2liance 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 In 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 97- 1 1.0131(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. 0 a. 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. A1212roval 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. 0 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 163.3I84(16)(b), Florida Statutes. 18. Retention of Rijzht 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 Agreement is not intended to bind the Local Government in the exercise of governmental discretion which is exercisable in accordance with law only upon the giving of appropriate public notice and required public hearings. 22. Multiple Originals,. This Agreement may be executed in any number of originals, all of which evidence one agreement, 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 WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. DEPARTMENT OF COMMUNITY AFFAIRS Charles Gauthier, AICP, Director Division of Community Planning I1��it',l 9. Approved as to form and legality: Assistant General Counsel By: Mayor Sylvia J. Murphy ATTEST: Danny L. Kolhage, Clerk Deputy Clerk 11011 Dj' V1 DI Rudolph Krause Roseann Krause Approved as to form and legality: Assistant Monroe County Attorney Date: Date Date Approved as to form and legality: Intervenors' Attorney Date STATE OF FLORIDA T-EPARTMENT OF COMMUNITY AFFAIR,11 'Dedicated to making Florida a better place to call home" CHARLIE CRIST Governor 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: r1wiffs - - L The Department has completed its review of the Monroe County Comprehensive Plan amendments (DCA No. 09-1) adopted by Ordinances 017a-2009, 019-2009, 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 11, 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 019.2009 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, 2799 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) 9 Wobsite• www dca slate fl us • COMMUNIr1'PLANNING 850.4W2355(pl &%48&3X9(fl • FLONI)ACOMMUN(TrESTRUST 850.922-2207!p) OW-921-17471Q , • HOUSING AND COMMU191Y DEVELOPMENT e50-AW7958 (P) 850422.ss23 fn 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, �4, P f 7� 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 cket No. 09-I-NOI-440I-(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 I63.3184(10), Florida Statutes, and Rule 9J I 1.012(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 I63.3184(I )(b), Florida Statutes, because the amendment is not consistent with Chapter 163, Part It, 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 2rovisions. 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 11, F.S., Rule 9J-5, F.A.C., and Chapter 380, Part I, F.S., for the reasons noted. LA I. 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 (8.45 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 1 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 (Kinoslernon baurli) and Key Deer (Odocoileus virginianus clavium). Monroe County Comprehensive Plan Policy 105.2. l defines Tier l 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 Infill (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 concem. One of the criteria for designating land as Tier l is the known locations of threatened and endangered species. Increasing the residential density and commercial intensity of this parcel designated Tier l and surrounded by Tier 1 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 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; (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)l, 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 91-5.006(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 163.3177(1), (2), (6)(a), (d), (8), (9) and (I0)(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)1 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 endangemd species and their habitat. II. CONSISTENCY WITH THE STATE COMPREHENSIVE LAN A. Inconsistent provisions. The amendment is inconsistent with the State Comprehensive Plan goals and policies set forth in Section 187.201, 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 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. 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 6 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. rI Executed this Z3 6y' 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 0 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FWD THE MONROE COUNTY COMPREHENSIVE PLAN AMENDMENT ADOPTED BY ORDWANCE NO. 0I8-2008, NOT IN COMPLIANCE, AND THE COMPREHENSfVE PLAN AMENDMENTS ADOPTED BY ORDWANCE NOS, 019-2008, 017a-2409, 020.2009 through 022-2o09,1N COMPLIANCE DOCKET NO.09-i-NOI4401-(A)-" The IkPatmew gives notice of its intent to find the Amendment to the Comptaher srve Pine for Monroe County, adopted by 006" oe No. 018-2008 , on irate 2, 2o0g, NOT IN COMPLIANCE, and 2 i1TPN aeiolptcdby Ordinaaee Nos, 0 I9-2068, 017e.2009, 020.2009 through 022-2009, an dune 2, P Seexions 163.3IS4, I63.3187 and 163.3189, 380.05, 380.0552, F.S. The adopted Monroe County, Camproh=we plan Anmdimrnu, the Department's Objeaiom% �ommen4t�, and comments Report (if any), sad the Departs me, Statement of I dam to find the Comprehensive Plan Amendment Not In CwWUR a will be available far public inspection Monday through Fly, eaccePt far legal holidays, during aarnaal business harms, u the Monroe County, Growth Manage mcnt Division, 2798 Ovasm Highway, Suite 400, Marathon, Florida 33050. Any affected Person, as defined in Section 163.3I 94, F.S., has a night to pe 66bn For an adntin. is"dva hearing to cbsileW rho Proposed &FaW dcecrmination that the Arts to the Monroe County ComWeheosivt Pin aro in Compiimce, as defined inSubsection 163.3 i84(1), F.S. The petition mutt be filed within twenty -ore (21) days after Publication of this notice, acopy must be uns-1 or delivered to the local govanmeat and must iach all of the information and c0ottx4s described in Uaos-m Rule 2$- 106.201, F.A.C. The petition must ba filtdwM the A50xy Clad, DVarkom of Community Affairs, 2355 Shsmeard Oak Boulevard, TdW%ssce, Florida 32399-2100. Fai m to timely file a Peahen shaft wl mdunte a wai►a of any right 10 rogaest an ad t iaistrative Prnoeeelin8 as a Pwdoax under Sections 20.569 and 120.37, F.S. If a pe ddw is filed, the purpose of the administrative heating will be to Pmeot evidence and t stiiimony and forward it rwommended order t0 the Department. If no Notice of Intent shall become hW regency action Parti°° s filed. rbis This Notice of Intent and the Statement of imam for the amendment found Not In CompGarsd>e will be forwarded by petition to do Division of Administrativc H.,iqp (DOAH) of the of Maaagcrnmt Savices far the wleduliog of an Ad nWsmWve Herring puissant to Sextiaas 120.569 SW 120.57, F S. This purpose of the adtniaiahatirvo hearing will be to P eft" ovwmm and testimony an the noacamphance Issues a14W by the Department m its ONMU01's, Racomm,podabofts, and Comments Cmmtand S tmDm of Inteaut inorder to =me a rocommended order for forwarding to the Administration Affectod persons may petition to wtavene is either proceeding ra 4axod above A petition for intervention must be fticd at least twenty (20) days before the final hearing and inert inederdc all of the in- formatm and 000twU described in Uniform Rule 28-106.205, F.A.C. Pursuant to Section 163.3184(101 F.S., no new issues may be alleged as a reason to tend a plan amnndment not to Petition to uaOvtxe fled more than w4uty one (21) days aserpublicapan of this mice unku the in a good coast for trot alleging such new issues within the twenty one (21 Tho mar establishes irs mention shall be tiled at DOAK 1230 Apalachae P ) � �e da 3 The 060,onfor mailed or delivered to the local government and the ' T� ' Florida Stow' 3060, and t copy allowed lima Eraetne � Faihsre to paitiga b imave:re within the oonstituux a waiver of any right such a person bas to requetl a beseriog Pursuant to Sammons 120.569 arrd 120.57, F.S., or to participate: in the administrative barring. A&r an adaoinistrative Ix,'aeatg pctmpr is =* 614 mediation is available ptrrsuaat w Subsection I63.31$9(3)(a), F.S., t0 any aBected Person who is teach a Warty to the ping by filitig that request whit the admmistrativt law judge aas3gned by the Division of AdmiuialnWw Hearings. The choiet of mediation Shall not affect a PWWS right to an adinb is4at ve hewing -,L�Daniek Chief Office of Comprehensive Planning Division of Cf C nanny Py Affsg Departmeot ofAfiaius 2555 Shummd Oak Boulevard Tallrhrssa` Florida 32399-2100 STATE OF FLORIDA 1 IAi! ra,,N1 , 10D1WEAR VII[If�IKI Petitioner, VS. MONROE COUNTY, Respondent, and Interveners. Exhibit B 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. 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. i d Gti '`' W ePa y r W g o-% W Q iw W e� W Juj (1) (j! t3 CO J W Q Ln CO Lu N r g LLY 0' 0 in x w F— LLI Y t W T g N u w M® W n u^ W t0 W m IV m + F ;:, 7 Q Z r U WUJ z a CD ti O % ® 0 e a a IL 00" ,s} Return to: Monroe County Cnvwth Management Division 2798 Overseas Highway Marathon, Florida 33050 Prepared by. - Joseph Ah", Esquire 309 Whitehead St. Key West Florida 33040 -------------------�_-__ --- Space Above This Lime For Recording W `'1 1 i" f1• 1 WOM&I 0 lkmm lids Conservation Easement is Granted this -S-d day of 2010 by ,Rudolph 0. Krause and Roseann Krause, Trustees U/T/D 7/19/88, whosefiddress 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: I. 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 GOCFA—Rev: 91VO6 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 Iocation 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 GOCFA — Rev. M/W 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. R 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. & 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 GOCEA - Rev: 8/1M6 Pmpmd 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, 2010, 7 First Witness Sioature kudolph TKrause, Trustee L�11 Me-CAC��- Zj�L�� V4 First Witness Prin ed Name Ro eann Krause, Trustee /X- ,St5icond Witness Signature Page 4 of 7 GOM — Rev: 811 rob Prepared by: Second Witness Printed Name State of Florida County of Monroe Before me, the undersigned authority, personally appeared Rudolph O. Krause and Roseann Krause, who are p2ponally known to me, or have produced and _ _ , respectively as identification. Sworn and subscribed to me this day of , 2010. Typed Notary Name and Number Notary Si a and Seal NOWY Pi UC-S:ATr' M FMMA Cheryl itaciuiey sCommiSSIOU #DD$48443 `r,,,n„�,� Expires: FEB.17, 2413 ea�nsn rsxu ehrrc sorma�o ca, era, 0 • ' ! In Witness Wbereof, Grantee accepts the Conservation Easement granted above and executes this instrument the date set forth below. First Witness Signature First Witness Printed Name Second Witness Signature Second Witness Printed Name Monroe County, Florida LM Director of Growth Management (Signature) Director of Growth Management (Printed Name) Date Page 5 of 7 GOCEA — Rev- SAM rya 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 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: as Beginning at the N.W. corner of the NE '/4 of the NE !4 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 comer 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. 811/06 Prepared by: ORDINANCE NO. 01.8 -2009 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: 1. 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. 3. 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. 9.5-51 l (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 1 14-4 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 I 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. 1f 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 S. 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. Mayor George Neugent � Mayor Pro Tern Sylvia Murphy Yes o .. w c� m�- Commissioner Kim Wigington Xsa— N Commissioner Heather Carruthers Commissioner Mario Di Gennaro Yes CC LL-� ® U p --='r ' BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORI A W �v�- I � BY Mayor George Neugent (SEAL) FATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Page 4 of 4 Exhibit• • • i 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) IMOPP. AN