12/10/1992 Special,t
j
i
1
MINUTES
OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
92/474
Special Meeting/Land Use Plan
Board of County Commissioners
Thursday, December 10, 1992
Key Colony Beach
A Special Meeting of the Monroe County Board of County
Commissioners convened at 9:00 a.m. Present and answering to
roll call were Commissioners Earl Cheal, Shirley Freeman, Mary
Kay Reich and Mayor Jack London. Absent from the meeting was
Commissioner Harvey. Also present were Danny Kolhage, Clerk; Rob
Wolfe, Assistant County Attorney; Tom Brown, County
Administrator; County Growth Management Staff; members of the
Press and Radio; and the general public.
Glen Boe addressed the Board.
Environmental Resources Director, Pat McNeese,
addressed the Board concerning her memorandum dated December 10,
1992, regarding Docks and Mangroves. Motion was made by
Commissioner Reich and seconded by Commissioner Harvey to approve
the following item:
Dock Length, Page 2, 3.
2. Substitute the language submitted by Clear
Filer, as follows:
Policy 212.5.4 (page 40 of the 12/92 Change
Document) (a) the maximum permitted length of
docks shall be commensurate with the shoreline
width of the land parcel at which the dock is
located, subject to a maximum length of 200
feet from the mean low water line;
Roll call vote was taken with the following results:
92/475
Commissioner Cheal No
Commissioner Freeman Yes
Commissioner Harvey Yes
Commissioner Reich Yes
Mayor London Yes
Motion carried.
Motion was made by Commissioner Freeman and seconded by
Commissioner Cheal to approve the following item:
Water Depth, Page 3
Policy 212.5.2 (page 39 of the 12/92 Change Document)
All docking facilities and piers other than those that
are accessory to single family dwelling units shall
have continuous access form the terminal end of the
dock to deep water with a minimum depth of minus four
(-4) feet mean low water extending over a channel width
of twenty (20) feet. Such access shall provide
consistent navigational access to deep water with
depths greater than minus four (-4) feet mean low
water. Any docking facility that is accessory to a
single family dwelling unit shall have a depth of minus
three (-3) feet mean low water. Any docking facility
that is accessory to a single family dwelling unit
shall have a depth of minus three (-3) feet mean low
water or greater at the terminal end and shall have
access by an existing, established channel.
LDRs, Art. 5, Div. 10, Sec. 10, (M) (2) d & e, Page 28
d. No docking facility except for those accessory to
a single family dwelling unit shall be developed
at any site unless a minimum channel of twenty
(20) feet in width where a mean low water depth of
at least four (4) feet exists and is continuous to
the Florida Straits or the Gulf of Mexico;
e. No docking facility accessory to a single family
dwelling unit shall be developed at any site
unless a minimum mean low water depth of three (3)
feet exists and access to the site is by means of
an existing established channel or canal;
Roll call vote was unanimous.
Ken Metcalf of the Department of Community Affairs
addressed the Board.
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich to refer other dock length issues to Staff for
recommendation back to the Board. Motion carried unanimously.
92/476
Naulda Bomier, Monica Haskel, George Tschann addressed
the Board. Motion was made by Commissioner Reich and seconded by
Commissioner Cheal that the West End highway situation and letter
from Governor Lawton Chiles be the subject of a presentation to
the Board at a future date. During discussion, the motion was
withdrawn.
Fred Dick, Debbie Harrison of the Wilderness Society,
Samuel Arutt, Dagny Johnson, representing the Upper Keys Citizens
Association, and George Knudtz, of the Florida Keys Citizens
Coalition, addressed the Board concerning the Land Use Plan.
Engineering Director, Dave Koppel and John Fernsler of
Wallace Roberts & Todd, addressed the Board concerning the Land
Use Plan. Motion was made by Commissioner Cheal and seconded by
Commissioner Reich to adopt a Resolution concerning inadequate
economic analysis completed by the firm of WRT as part of the
Monroe County Comprehensive Plan. Roll call vote was taken with
the following results:
Commissioner
Commissioner
Commissioner
Commissioner
Mayor London
Motion failed.
Cheal
Yes
Freeman
No
Harvey
No
Reich
No
No
Bill Keith of Keith & Schnars addressed the Board
concerning a wastewater and water quality study.
Fred Tittle and Charles Pattison addressed the Board.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman directing Staff, in coordination with the
Consultants, (on a pro bono basis), and the attorney, draft
language requesting the Department of Health and Rehabilitative
Services to enforce the provisions of law in reference to illegal
on -site wastewater treatment facilities and nuisances as defined
in Florida Statutes 386.041. Roll call vote was unanimous.
Motion was made by Commissioner Cheal and seconded by
Mayor London directing Staff to negotiate a contract with Post,
Buckley, Schuh, & Jernigan to update the Human Behavioral Study
and run new evacuation models considering the impacts of
Southeast Florida on the Keys and considering additional time
required to make major repairs on drawbridges and considering
places of refuge for evacuees in an amount not to exceed the
grant funding of $47,500.00. Roll call vote was unanimous.
John Fernsler, Monica Haskel, Earl Gallop of Sea Camp,
and Herb Pontin addressed the Board. The Board discussed the
request by Decarion for a future land use map amendment. Motion
92/477
was made by Commissioner Cheal and seconded by Commissioner Reich
to ask the attorney to develop a general policy in reference to
changes to the Future Land Use Map for those properties currently
in litigation. Motion carried unanimously.
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich to approve the following Staff recommendations
for map changes:
Landowner Location Staff Recommendation
Intus, AG Lts 1-8, Bk 3 C category is inten-
(Tobin) Plat #5, Key Largo ded for govt-owned
City, Ind. Sect. property only. Chg.
MM 106, Key Largo from C to RL if not
part of state con-
demnation. Leave as
C if condemned for
sale to state.
Wrenn Pt, south 1/2 of No change at this
(Tobin) Absolom Albury time. Review
Tract MM 90, at next round of
Plantation map amend.
Clinton Pt Govt Lt 2 No change at this
(Tobin) 101st St & US 1 time. Review
MM 52.5, Marathon at next round of
map amend.
Parks Lt 38, Bk 7 No change at this
KL Ocean Isl Ests time. Review
MM 97.4 Key Largo at next round of
map amend.
F & R Ptrs. Whispering Pines Chg. lot 21 to RH.
(Tobin) Trailer Park
Sans Souci Subd.
MM 58.5, Grassy Key
Behrman Lt 1-10, 12-16, No change; leave as
Bk 1, BC Moreno's RL
Subd. MM 105,
Key Largo
F1 Rock & Pt Lt 6, MacDonald No change at this
92/478
Sand Plat, 20 ac. time. Review
(Tittle) Orange Blossom Rd. at next round of
MM 92.5, Tavernier map amend.
Motion carried unanimously.
Motion was made by Commissioner Cheal and seconded by
Commissioner Harvey directing Growth Management Director, Bob
Herman, to provide at least two copies of the "Updated Revision
to the Policy Document" in the libraries five (5) days before the
next scheduled hearing. Motion carried unanimously.
Motion was made by Commissioner Reich and seconded by
Commissioner Freeman authorizing the adoption hearing be set by
the Mayor at a time after notification by the Director of Growth
Management that proposed changes have been distributed, the date
of the adoption hearing will be not less than five (5) days after
the distribution of the proposed changes and with no intervening
Board of County Commission Meetings. Motion carried unanimously.
Charles Pattison addressed the Board.
County Administrator Tom Brown discussed a Special
Meeting requested to consider Mariner's Hospital issues. Motion
was made by Commissioner Cheal and seconded by Commissioner
Harvey to call a Special Meeting to discuss Mariner's Hospital
issues at Key Colony Beach, 2:00 P.M. on December 18, 1992.
Motion carried unanimously.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to approve the Transferable Development
Rights (TDRs) and Variable Density document which is attached
hereto and made a part hereof. Roll call vote was taken with the
following results:
Commissioner
Commissioner
Commissioner
Commissioner
Mayor London
Motion carried.
Cheal
Yes
Freeman
Yes
Harvey
No
Reich
Yes
Yes
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich that wherever the Plan shows a date for
completion, it be referred to instead as a time period from the
effective date of the Plan. Motion carried unanimously.
Motion was made by Commissioner Cheal and seconded by
Mayor London to call a Special Meeting to consider Mariner's
Hospital issues at Plantation Government Center temporary
courtroom, 2:00 P.M. on December 18, 1992. Motion carried
92/479
unanimously.
Motion was made by Commissioner Cheal and seconded by
Commissioner Freeman to conceptually approve language proposed by
the Upper Keys Citizens Association relative to "Policy
Document" 203.3.4, Page 84, attached hereto and made a part
hereof. Motion carried unanimously.
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich to approve the following changes to the Point
Allocation System - Point Values:
B. FUTURE CHANGES TO POINT ASSIGNMENTS
Policy 101.5.7
As part of the first annual review of the Residential and
Non-residential Point Systems, additional criteria may
be included such as:
North Key Larqo
Negative points shall be assigned for development
Proposed within that portion of Key Largo located
between the junction of State Road 905 and U.S.
1 and the Dade County boundary at Angelfish Creek
Traffic Capacity
Positive points shall be assigned for development
served by US 1 segments which have surplus capacity.
Negative points shall be assigned for development
served by US 1 segments which have marginal capacity.
Offshore Islands
Negative points shall be assigned to developments on
offshore islands.
Conservation Lands
Negative points shall be assigned to developments which
may impact designated or proposed conservation lands
Disturbed Saltmarsh and Buttonwood Wetlands
disturbed saltmarsh and buttonwood wetlands.
Historic Resources
Negative points shall be assigned to developments which
remove or destroy historic or archaeological resources
Positive points shall be assigned to developments which
restore or enhance historic or archaeological
resources.
92/480
Potential Development Credits (PDCs)
(PDCs), for transferring development rights away from a
related policies.
STAFF RECOMMENDATION: Replace the reference to the
North Key Largo "ACCC" with the geographic description,
and replace the TDR section with the PDC section, as
shown above.
Motion carried unanimously.
Motion was made by Commissioner Reich and seconded by
Commissioner Freeman to approve the following amendments to the
Environmental Design Criteria, Policy 204.2.1:
Policy 204.2.1
Section 9.5-336 through 9.5-342 of the Land Development
Regulations (hereby incorporated by reference) to
Protect submerged lands and wetlands Accordingly, the
Open Space Requirement shall be one -hundred (100)
percent for the following types of wetlands:
(a) submerged lands;
(b) mangroves;
(c) salt ponds;
(d) freshwater wetlands, with a 20 foot buffer around
them;
(e) freshwater ponds ;--and
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Upon adoption of the Comprehensive Plan the County
shall further protect its wetlands by requiring a
one hundred (100) percent open space requirement for
undisturbed salt marsh and buttonwood wetlands.
Allocated density (dwelling units per acre) shall be
assigned to freshwater wetlands and undisturbed
saltmarsh and buttonwood wetlands only for use as
transferable development rights away from these
habitats. Submerged lands salt -ponds freshwater
Ponds, and mangroves shall not be assigned any density
or intensity. [9J-5.012(3)(c)l and 2; 9J5.013(2)(c)6]
- RECOMMENDED CHANGE: Change "disturbed" to
"undisturbed" in the last paragraph as shown to correct
the typo and to be consistent with the rest of the
92/481
policy.
Motion carried unanimously.
Motion was made by Commissioner Cheal and seconded by
Commissioner Reich to approve the following amendment of Areas of
Critical County Concern in the 1986 Comprehensive Plan and Land
Development as follows:
B. BIG PINE KEY
Objective 103.1
Monroe County shall regulate future development and
coordinate the provision of public facilities in the
on Big Pine Key ACCC consistent with the Goals,
Objectives, and Policies of this Comprehensive Plan
in order to:
(a) protect the Key deer (Odocoileus virginianus
clavium)
(b) preserve and enhance the habitat of the Key
deer; and
(c) limit the number of additional vehicular trips
from other islands to that area of Big Pine Key
formerly described as an Area of Critical
County Concern in the 1986 Comprehensive Plan
and Land Development Regulations.
(ed) maintain the rural, suburban, and open space
character of Big Pine Key. (9J-5.006(3)(b) 1
and 4)
Roll call vote was taken with the following results:
Commissioner
Cheal
Yes
Commissioner
Freeman
Yes
Commissioner
Harvey
No
Commissioner
Reich
Yes
Mayor London
Yes
Motion carried.
Motion was made by Commissioner Reich and seconded by
Commissioner Harvey to delete Policy 103.1(c). Roll call vote
was taken with the following results:
Commissioner Cheal No
Commissioner Freeman No
Commissioner Harvey Yes
Commissioner Reich Yes
92/482
Mayor London Yes
Motion carried.
Motion was made by Mayor London and seconded by
Commissioner Cheal to approve the following Staff recommendation
of Critical County Concern:
C. Ohio Key
Objective 103.4
Monroe County shall coordinate future development 4aal..
e on Ohio Key -4C-e to protect the habitat value
and environmental sensitivity of the wetland system
on the Key that serves as habitat for a variety of
wading bird, including the piping plover (Charadrius
melodius), a species listed as threatened under the
Endangered Species Act.
RECOMMENDED CHANGE: Remove the reference to the
"ACCC" designation as shown.
Roll call vote was unanimous.
Motion was made by Mayor London and seconded by
Commissioner Cheal to approve the following Staff recommendations
of Areas of Critical County Concern:
A. NORTH KEY LARGO
Objective 103.2
Monroe County, in coordination with the FWS, shall
regulate future development and coordinate the
provision of public facilities in the North Key
Largo ACCC consistent with the Goals, Objectives
and Policies of this Comprehensive Plan in order to
maintain the rural and open space character of
North Key Largo, as well as to preserve and enhance
the habitat of four (4) species of animals listed
as endangered under the Endangered Species Act,
including the American crocodile (Crocodylus
acutus), the Key Largo wood rat (Neofoma floridana
smalli), the Key Largo cotton mouse (Peromyscus
gossypinus allapaticola), and the Schaus'
swallowtail butterfly (Heralides aristodemus
ponceanus). [9J-5.006(3)(b)l and 4] North Key
and U.S. Highway 1 and the Dade County boundary
at Angelfish Creek. [9J-5.006(3)(b)l and 4]
Policy 103.2.8
By September 30, 1995, Monroe County shall complete
92/483
and implement a cooperative land management program
for private and county -owned lands located within
and adjacent to state and federal government -owned
parks and conservation lands -whie4i -are- G Red--by—the
the which are within or affected by land uses in
North Key Largo AC,G'rG, including:
(a) Crocodile Lake National Wildlife Refuge;
(b) John Pennekamp Coral Reef State Park;
(c) North Key Largo Hammock State Botanical
Site and CARL Project; and
(d) Biscayne Bay - Card Sound State Aquatic
Preserve. (See Objective 102.9 and
related policies.) [9J-5.006(3)(b)4)
Policy 103.2.9
Monroe County shall support, wherever possible,
efforts of federal agencies, state agencies, and
private non-profit conservation organizations,
to acquire land for conservation purposes within
the North Key Largo Ate. [9J-5.012(3)(c)l; 9J-
5.013(2)(c)5 and 6)
Policy 103.2.12
Prior to issuing a building permit or development
approval, Monroe County shall require that the
Monroe County Biologist visit the site of all
development approval and building permit
applications within the North Key Largo A@G to
assess the need for any federal or state permits.
CONSERVATION LAND PLANNING
Policy 103.1.7
Dpte}}ae 34T-��, Upon adoption of the
Comprehensive Plan, Monroe County shall encourage
the-�erl�tion--ae imp-ler�aier--o-€ initiate a
cooperative land management planning program for
private and county -owned lands located within and
adjacent to state and federal government -owned
parks and conservation lands which are awned- by
tie--�ta��,ae��ed�r-al-�e��tg�ie�r are
a€ec3te�y--he on or affected by land uses on
Big Pine Key AGGG, including:
(a) National Key Deer Refuge;
(b) Save Our Rivers/Big Pine Key Wetlands
Slough Project;
(c) Coupon Bight/Key Deer CARL Project; and
(d) Coupon Bight State Aquatic Preserve.
92/484
Monroe County shall complete these planning
efforts and implement the land management plans by
September 30, 1995. (See Objective 102.9 and
related policies.) [9J-5.006(3)(c)6]
Roll call vote was taken with the following results:
Commissioner
Cheal
Yes
Commissioner
Freeman
Yes
Commissioner
Harvey
No
Commissioner
Reich
Yes
Mayor London
Yes
Motion carried.
Motion was made by Commissioner Cheal and seconded by
Mayor London to approve a Special Meeting to consider Mariner's
Hospital issues for 2:00 P.M. on December 18, 1992 at the Key
Largo Library. Motion carried unanimously.
Motion was made by Commissioner Reich and seconded by
Mayor London to approve ORC response to comments concerning
Policy 301.8.1 attached hereto and made a part hereof. Motion
carried unanimously.
Motion was made by Commissioner Reich and seconded by
Commissioner Freeman to approve ORC response to comments
concerning Policy 1401.3.1 attached hereto and made a part
hereof. Roll call vote was taken with the following results:
Commissioner
Cheal
No
Commissioner
Freeman
Yes
Commissioner
Harvey
Yes
Commissioner
Reich
Yes
Mayor London
Yes
Motion carried.
Motion was made by Commissioner Cheal and seconded by
Mayor London to approve ORC Response Document Changes attached
hereto and made a part hereof.
Roll call vote was taken with the following results:
Commissioner
Cheal
Yes
Commissioner
Freeman
Yes
Commissioner
Harvey
No
Commissioner
Reich
Yes
Mayor London
Yes
Motion carried.
adjourned.
92/485
There being no further business, the meeting was
Clerk to the Board of County
Commissioners of Monroe County
J..� C.'�Q' d."�
Deputy Clerk
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flyer �cvei (9itrzexts suci rft rt, c�Wnr-
p.O. Box 1044 . Tavernier, Florida 33070
TO: MONROE COUNTY COMMISSIONERS
LAND USE PLAN WORKSHOP DECEMBER 10, 1992 AT 9:00 AM.
FROM: Dagny Johnson, President
RE: "Policy Document" Planning Commission Recorded Revisions
November 1992. Policy 203.3.4.: Pg. 84
Continuation of County Commission Public Workshop - Key
Largo Library, Dec. 2, 1992. Last item on the Agenda.
Recommendation to continue present protection of the Coral Reef.
we are sending you, herewith the language presently in Vol. II
Monroe County Plan which we recommend not be lost.
We request that the following language be included in Policy
203.3.4:
1) "Limit location of water dependent activities at locations
that will not have a significant adverse impact on the off-shc
resources of hard coral bottoms." (Vol II pg.6).
2) " Control and regulate land and water activities in the
vicinity of coral as identified in Florida Keys Coa.;La1
Management Study in an effort to arrest further deterioration. "
(Vol. 11 pg 188) .
3) " Management policies for John Pennekamp State Park, Looe t,ey
National Marine Sanctuary will include:
a) Management and recreational activities in the
designated areas must be consistant with preservation of these
underwater preserves. (Vol.I1 pg. 79).
b) Development activity on Key Largo and Islands
facing Looe Key National Marini: Sanctuary include dredging,
filling, urban water run-off, and waste water treatment
faciii ties will be controlled and regulated in order to minimize
.stresses=which result in water quality deteration.
cy County will exE ;;re funding sources for the
acquisition olfffland in the immediate vicinity of the.. John
penhekyamp Stz Palk and Looe Key Natioal Marine Sanctuo ary.;sas
to creme' a bu:ffex: zone between urbanized and preservation: a -teas.
Monro:County:'wi13 cooperate with State and Federal activi-ties in
a'cqu-sitions:
Lipper tirr
5. Objection (p. 40)
* Policy 301.8.1 defers to the LDRs
* Guidelines for shared driveway access, curb cuts, etc.
are missing.
* No proper access standards to minimize the use of new
curb cuts. -
Response
Policy 301.8.1 has been revised to address this concern.
Policy 301.8.1
By September 30, 1992, Monroe County shall submit to the FDOT
proposed access classifications for all segments of US-1,
consistent with the guidelines established by the FDOT in Rule
14-97. Monroe County staff shall coordinate with the FDOT in
preparing the final access classifications by meeting with
FDOT staff, reviewing proposed changes to the county's access
classifications, and participating in FDOT public hearings.
The land development regulations prepared pursuant to this
comprehensive plan shall ensure that future driveway and
roadway connections to US 1 provide for shared driveway access
and minimum use of new curb cuts, where appropriate, as
provided in Rule 14-97 F.A.C. [9J-5.007(3)(c)21
Until such time as the FDOT establishes permanent access
standards pursuant to Rule 14-97, Monroe County shall continue
to require the same roadway access standards that are
currently contained in Section 9 5-421 through 9 5-425 of the
Land Development Regulations, which are hereby incorporated by
reference.
3. Objection (p. 69)
* Policy 1401.3.1 defers effectiveness to the LDRs.
* Policy 1401.3.1 fails to establish development's pro rata
share of costs.
Response
Rule 9J-5.016(3)(c)(8) requires the plan to "address
programs and activities for assessing new development a pro
rata share of the costs necessary to finance public
facility improvements necessitated by development in order
to adequately maintain adopted level of service standards."
Policy 1401.3.1 meets this requirement by committing the
County to adopt an updated impact fee ordinance (which was,
consistent with Policy 1401.3.1, adopted on October 16,
1992). Identifying the pro rata share of costs for each
type of development and each type of facility is both
beyond the requirements of 9J-5 and inappropriate for a
comprehensive plan.
ORC RESPONSE DOCUMENT CHANGES
FUTURE LAND USE ELEMENT
4. Objection (p. 8)
* The plan lacks data on transferable development rights
(TDRs) that have been transferred.
* No confirmation of the filing of deed restrictions.
• No data on TDRs already purchased by the County.
* No structured tracking program for monitoring TDR
activity.
* No recommended sender and receiver sites.
* No discussion of transferring rights to and from
commercial zones.
* The plan fails to define the role of the Land Authority
in TDR transactions.
Response
* Section 2.4.1.E of the Technical Document, subsection
"Relief through Transferable Development Rights" has been
revised to address each of these concerns.
* Policy 101.13.2 has been revised to address the issue of
a TDR tracking program.
* The Land Authority currently plays no role in TDR
transactions. The possibility of future Land Authority
involvement in the TDR program will be the subject of a
study to be completed by September 30, 1993, as specified
in Policy 1301.5.3. The Land Authority has budgeted for
the study in FY 1993.
* The scope of the TDR study is specified in Policy
101.13.2, which has been revised to include tracking, and
to change the projected date of completion consistent
with Policy 1301.5.3.
PORTS, AVIATION AND RELATED FACILITIES ELEMENT
Comment (p. 41)
* No diagram identifying points of ingress and egress for
ground transportation for ports and airports.
Response
* The access point for the Key West airport is indicated on
both the Existing and Future Transportation Map Series,
Map 8, and ground and water transportation are described
in the Technical Document in Section 6.1.1.G on page 6-7.
Ground and water access to the Marathon Airport is
described in Section 6.1.2.G cn page 6-9. Ground and
water access to the Stock Island Safe Harbor & Peninsula
port area are described in Section 6.2.1.E on page 6-15.
In addition, water access routes are depicted in Figures
6.4 and 6.5.
CAPITAL IMPROVEMENTS ELEMENT
Goals, Objectives and Policies
3. Objection (p. 69)
* Policy 1401.3.1 defers effectiveness to the LDRs.
* Policy 1401.3.1 fails to establish development's pro rata
share of costs.
Response
* No change to Policy 1401.3.1 is necessary. The policy as
written meets the intent of 9J-5.016(3)(c)8.
Furthermore, as specified in the policy, Monroe County
adopted an ordinance on October 16, 1992 which
extensively revises the impact fee regulations. The
Ordinance, to be incorporated into the Land Development
Regulations, specifies procedures for the imposition,
calculation and collection of impact fees; minimum fee
requirements; the effect of impact fee payment on a
determination of concurrency; and requires an annual
report on impact fee management, among other provisions.
In conjunction with this Ordinance, the impact fee
schedule was revised according to the most recent data
available on public facilities costs. These improvements
should clarify the County's purpose and procedures in
managing its impact fee system.
8
FUTURE LAND USE ELEMENT
16. Objection (p. 79)
* Allowing fill in disturbed wetlands fails to ensure
protection of wet -lands and water quality.
Response
* Policies 102.2.1 and 204.2.4 have been revised to clarify
the County's intent regarding the protection of wetlands
and water quality. Policy 204.2.2 already prohibits fill
in submerged lands, mangroves, salt ponds, and freshwater
wetlands. Policy 204.2.4 allows only "limited fill in
disturbed saltmarsh and buttonwood wetlands.
* Many other policies in the Plan provide for the
protection of wetlands and water quality. See revised
Objective 102.1, 102.2 and 204.2, and revised Policies
102.1.1, 204.2.1, 204.2.6 and 204.2.10.
* Also note the comprehensive mapping and assessment of
wetlands that has already begun as part of the ADID
program specified in Objective 204.1 and related
policies. This will help to identify wetlands, and to
refine the distinction between various types of wetlands,
including the difference between disturbed and
undisturbed wetlands.
* Finally, note that development proposed in saltmarsh and
buttonwood wetlands receive negative points in the Permit
Allocation System outlined in Policy 101.5.4, which
further discourages development in wetlands.
5. Objection (p. 91)
* Policy 901.5.7 fails to address the use of on -site
disposal systems in disturbed wetlands.
Response
* Policy 901.5.7 states that LDRs will be adopted which
"...prohibit the use of OSDS in any buttonwood, salt
marsh or wetland area..." Therefore, OSDS will not be
permitted in either disturbed or undisturbed wetlands.
2. Objection (p. 94)
* There is no funding commitment for Master Plan
completion.
* It is unclear whether the Sanitary Wastewater and
Stormwater Master Plans will be combined.
Response
* Policies 901.4.1, 1001.3.1, 1401.4.9, and 1401.4.10 have
been revised to address the funding issue.
* The purpose, scope and phasing of the Sanitary
Wastewater/Stormwater Management Master Plan are
described in Sections 10.5 and 11.7 of the Technical
Document. These sections describe "Sanitary Wastewater
Element" and a "Stormwater Management Element" of one
Master Plan. For the purposes of funding and phasing,
the two issues will be addressed in the same Master Plan.
Each element, however, will have separate objectives and
analytical components. Policies which specify either the
"Sanitary Wastewater Master Plan" or the "Stormwater
Management Master Plan" are referring to the separate
elements of the same Master Plan.
TRANSFERABLE DEVELOPMENT RIGHTS (TDRS) AND VARIABLE DENSITY
A. TDR TRACKING
Policy 101.13.2
By 9eteber-3-6-,--199September 30, 1993, Monroe County shall
evaluate the existing TDR program and adopt Land Development
Regulations which address identified deficiencies in the
program. The following issues shall be considered in
evaluating the program:
(a) revision to the current tax policy whereby owners of
sites which have transferred development rights continue
to pay taxes on such rights until development orders have
been issued for the transferred rights at the receiver
sites;
(b) establishment of criteria for designation of sender and
receiver sites based upon factors such as the
environmental characteristics of the land;
(c) establishment of mechanisms to enhance the value and
marketability of TDRS such as assigning density bonuses
to receiver sites; and
(d) clarification of the status of sites which have
transferred development rights, including the possible
requirement that sender sites be dedicated as public or
private open space through conservation easement or other
mechanism. At a minimum, the LDRs shall be revised to
require that a restrictive covenant be recorded on the
sender site deed at the time of the Allocation Award for
the Permit Allocation System; and
(e) establishment of a management and accounting system to
track TDRs.
B. FUTURE USE OF TDRS
RECOMMENDATION: Add a new policies 101.13.3, 101.13.5,
101.13.6, 101.13.7, 101.13.8, 101.13.9, and 101.13.10 as shown
below:
Policy 101.13.3
As part of the first annual review of the Point System, an
applicant in the Residential Permit Allocation System shall be
awarded either one unit for each one development right
transferred from an eligible sender site to an eligible
receiver site (TDRs), or positive points in the Point System
(PDCs).
If the applicant opts to receive PDCs, the applicant would
receive positive points (PDCs) for transferring development
rights away from a sender site to an eligible receiver site.
By using this option, the applicant would forfeit the right to
develop any additional units that would be granted for TDRs.
Policy 101.13.5
As part of the first annual review of the Point system,
positive points, or "Potential Development Credits" (PDCs)
shall be awarded for applications proposing non-residential
development which will transfer development rights away from
eligible sender sites to eligible receiver sites. PDCs shall
be awarded to commercial projects for TDRS transferred from
either residential or commercial zones. Transfers within the
same zoning category shall also be eligible for PDCs if the
transfer is made from an area outside of the Commercial Center
to a parcel within a designated Commercial Center.
Policy 101.13.6
In conjunction with the first annual review of the Point
System, parcels within the following habitats and land use
districts shall be designated as sender sites for Transferable
Development Rights (TDRs) and Potential Development Credits
(PDCs):
Any parcel within these zoning categories:
Offshore Island
Mainland Native
Native
Sparsely Settled
Parks & Refuge
Conservation
Habitat of the following types which lie within ANY
zoning category:
Mangrove and freshwater wetlands
Salt marsh and buttonwood wetlands
High quality high hammock
High quality low hammock
High quality pinelands
Beach berm
Palm Hammock
Cactus Hammock
Policy 101.13.7
In conjunction with the first annual review of the Point
System, the Permit Allocation System shall be revised so that
parcels or portions of parcels in all Land Use Districts and
habitat types which are not listed as sender sites in Policy
101.13.5 shall be designated as eligible TDR and PDC receiver
sites. In land use districts which allow a density of only
one dwelling unit per lot, parcels shall be eligible only as
"Potential Development Credit (PDC)" receiver sites, and will
not be eligible TDR received sites.
Policy 101.13.8
In conjunction with the first annual review of the Point
System, the following guidelines shall be used to establish
positive point awards in the Residential PAS for each PDC:
Zoning of:
Sender Site
most freshwater
points wetland
least
points SS
Receiver Site
scarified, in UR
MU
IS
SR
moderate quality
low hammock in SR
Policy 101.13.9
In conjunction with the first annual review of the Point
System, the following guidelines shall be used to establish
positive point awards in the Non-residential PAS for each PDC:
Zoning & Commercial Center Designation of:
Sender Site Receiver Site
most freshwater UC within a Commercial
points wetland Center
SC
MU
least SS SC or MU outside of a
points Commercial Center
Policy 101.13.10
Monroe County shall pursue the long term goals of eliminatin
the TDR system and variable densities, and securing ade uat
federal, state, local and private funding to enable governmen
acquisition of all environmentally sensitive lands.
C. HABITAT ANALYSES AND VARIABLE DENSITY
Policy 101.13.4
Transferrable Development Rights may be used within the
Residential Permit Allocation System to increase density,
subject to the limitations contained in the land development
regulations. The Maximum Net Density is the maximum density
allowable with the use of TDRs, and shall not exceed the
maximum densities established in this plan.
STAFF RECOMMENDATION FOR FURTHER REVISION: This policy
conflicts with Policy 601.1.12, which states that the County
shall encourage affordable housing through LDR revisions,
which "may include density bonuses." Delete the last phrase
of Policy 101.13.4, "which shall be allowed only with the use
of TDRs," as shown above.
AFFIDAVIT
Agenda Pages 92/474 through 92/485 are designated for
the BOCC meeting of December 1, 1992 as well as December 10,
1992.
C.
Isabel C. DeSantis,
Deputy Clerk
April 14, 1994