Item Q9BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17, 2012 Division: Growth Management
Bulk Item: Yes No X Staff Contact Person/Phone #: Christine Hurley x2517
AGENDA ITEM WORDING: A public hearing to consider a resolution to transmit to the State Land Planning
Agency an ordinance by the Monroe County Board of County Commissioners amending policies in the Future
Land Use Element of the 2010 Monroe County Comprehensive Plan to establish a Commercial future land use
category; and revise the "Future Land Use Densities and Intensities" table to include a Commercial (COMM)
future land use category, corresponding zoning categories, and establish the density and intensity standards.
ITEM BACKGROUND: Currently, the County does not have an exclusive Commercial future land use map
(FLUM) category. The two existing commercial use categories: Mixed Use/Commercial (MC) and Mixed
Use/Commercial Fishing (MCF) include a residential component.
The County's residential permit allocation system is based upon our ability to maintain 24-hour evacuation
clearance time. In addition, Florida Statutes require that amendments to the Comprehensive Plan be consistent
with efforts to ensure public health, safety, and welfare, including safe and timely hurricane evacuation.
Further, the Comprehensive Plan requires the maintenance of a 24-hour clearance time. The creation of an
exclusive Commercial FLUM category can provide alternative uses of private property that do not include a
residential component, and, therefore, do not contribute to increases in hurricane evacuation times.
Additionally, the proposed Commercial FLUM category can assist the County in implementing other necessary
planning projects, such as enhancing economic sustainability and addressing nonconformities. Members of the
community have brought up the issue of nonconformities over the years and the County has highlighted this
issue in the Evaluation and Appraisal Report (EAR) of the Comprehensive Plan. When the County was
developing its major issues for the EAR, DEO sent a letter to the County encouraging the establishment of a
commercial land use designation. Additionally, the County has adopted action items as part of the Livable
CommuniKeys Plans as well as the BOCC Fee Resolution 172-2012 to address nonconformities.
Given the hurricane evacuation issues stated above and the recently adopted comprehensive plan amendment
(Sept. 21, 2012 BOCC meeting) discouraging private applications for future land use changes which increase
allowable density/intensity, MC and MCF land use categories may not be viable options for land use changes
addressing nonconforming commercial uses. The creation of an exclusive Commercial FLUM category will
further support the goal of avoiding increases in residential density by providing alternative FLUM and zoning
categories.
PREVIOUS RELEVANT BOCC ACTION: On February 13, 2012, the BOCC adopted Resolution 021-2012
to transmit proposed Policy 101.4.20 discouraging private applications for future land use changes which
increase allowable density/intensity. BOCC adopted this amendment on September 21, 2012.
On May 22, 2012, the BOCC adopted the 2012 Evaluation and Appraisal Report (EAR) for the Monroe County
Year 2010 Comprehensive Plan.
CONTRACTIAGREEMENT CHANGES: NIA
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL, OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management _
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. - 2012
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TRANSMITTING TO THE
STATE LAND PLANNING AGENCY AN ORDINANCE BY
THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING POLICIES IN THE FUTURE
LAND USE ELEMENT OF THE 2010 MONROE COUNTY
COMPREHENSIVE PLAN TO ESTABLISH A COMMERCIAL
FUTURE LAND USE CATEGORY; REVISING THE "FUTURE
LAND USE DENSITIES AND INTENSITIES" TABLE TO
INCLUDE A COMMERCIAL (COMM) FUTURE LAND USE
CATEGORY, CORRESPONDING ZONING CATEGORIES,
AND ESTABLISHING THE DENSITY AND INTENSITY
STANDARDS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY; PROVIDING FOR THE
FILING WITH THE SECRETARY OF STATE AND FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE INCLUSION'
IN THE MONROE COUNTY 2010 COMPREHENSIVE PLAN.
WHEREAS, the Monroe County Board of County Commissioners conducted a public
hearing for the purpose of considering the transmittal to the State Land Planning Agency a
proposed amendment to the Monroe County 2010 Comprehensive Plan as described above; and
WHEREAS, the Monroe County Planning Commission and the Monroe County Board
of County Commissioners support the requested text amendment; and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The Board of County Commissioners does hereby adopt the recommendation of
the Planning Commission to transmit the draft ordinance for adoption of the
proposed text amendment.
Resolution No. Oxx - 2012 Pagel of 2
Section 2: The Board of County Commissioners does hereby transmit the proposed
amendment to the State Land Planning Agency for review and comment in
accordance with the State Coordinated Review process pursuant to Section
163.3184(4), Florida Statutes.
Section 3: The Monroe County staff is given the authority to prepare and submit the required
transmittal letter and supporting documents for the proposed amendment.
Section 4: The Clerk of the Board is hereby directed to forward a certified copy of this
resolution to the Director of Planning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 17th day of October, 2012.
Mayor David Rice
Mayor pro tem Kim Wigington
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Heather Carruthers
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
IIM
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
ID001 4001M),I'll
Mayor David Rice
MONRO UNTY ATTORNEY
APPR V AS TO FOR
Dale:
Resolution No. Oxx - 2012 Page 2 of 2
3
4
5 MEMORANDUM
6 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
7 We strive to be caring, professional and fair
8
9 To: Monroe County Board of County Commissioners
10
11 Through: Christine Hurley, A1CP, Director of Growth Management
12 Townsley Schwab, Senior Director of Planning & Environmental Resources
13
14 From: Mayte Santamaria, Assistant Director of Planning
15 Emily Schemper, Planner
16
17 Date: September 24, 2012
18
19 Subject: Request for an amendment to the Monroe County 2010 Comprehensive Plan
20 to amend policies in the Future Land Use Element of the 2010 Monroe County
21 Comprehensive Plan to establish a Commercial future land use category; and
22 revise the "Future Land Use Densities and Intensities" table to include a
23 Commercial (COMM) future land use category, corresponding zoning
24 categories, and establish the density and intensity standards.
25
26 Meeting: October 17, 2012
27
28 I. REQUEST
29
30 This is a request by Monroe County to amend policies in the Future Land Use Element of the
31 2010 Monroe County Comprehensive Plan to establish a Commercial future land use category;
32 and revise the "Future Land Use Densities and Intensities" table to include a Commercial
33 (COMM) future land use category, corresponding zoning categories, and establish the density
34 and intensity standards.
35
36 IL BACKGROUND INFORMATION &`ANALYSIS
37
38 Currently, the County does not have an exclusive commercial future land use category. The
39 two existing future land use map categories that allow commercial are: Mixed Use/Commercial
40 (MC) and Mixed Use/Commercial Fishing (MCF). Both of these categories include a
41 residential component. As the County has undertaken the tasks outlined in Rule 28-20.140,
42 Florida Administrative Code (F.A.C.) and the evaluation of the 2010 Comprehensive Plan,
43 several issues have been highlighted that indicate the need for an exclusive commercial
44 category.
45
46 Rule & Hurricane Evacuation
47 The County and the other jurisdictions in the Keys regulate new residential growth through
48 permit allocation systems. The basis for the permit allocation rate and distribution is based
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upon our ability to maintain 24-hour evacuation clearance time. Monroe County Rule 28-
20.140, F.A.C. (ratified by the Legislature in 2011), includes Work Program Tasks which
require a Memorandum of Understanding (MOU), with the Division of Emergency
Management, Monroe County, City of Marathon, Village of Islamorada, City of Key West,
City of Key Colony Beach, and City of Layton regarding hurricane evacuation. The MOU
addresses the input variables and assumptions to depict hurricane evacuation clearance times
for the population of the Florida Keys. Based on the work completed to develop the MOU,
including the model inputs and the most recent U.S. Census data, DEO has completed its
analysis of maximum build -out capacity and determined the remaining allocations and
distribution of the remaining development potential among the Florida Keys' jurisdictions,
while allowing the permanent population to evacuate within 24 hours.
Pursuant to the work conducted to review this data, develop the MOU, and complete numerous
evacuation modeling scenarios, DEO has determined that 3,540 additional allocations could be
distributed among the Florida Keys' jurisdictions over the next ten years. This includes 1,970
allocations for unincorporated Monroe County from July 2013 to July 2023. Note, DEO will
provide recommendations to the Administration Commission on the allocation rates and
distributions to the Florida Keys. The Administration Commission will authorize and confirm
the official residential allocation rate and distribution in the Fall of 2012.
While the County anticipates 1,970 allocations over the next 10 years, the County must still
develop strategies to ensure that the 24-hour clearance time is not exceeded while balancing
private property rights. This is significant, as there are approximately 8,800 vacant parcels
(see excerpt below from the 2010 Evaluation and Appraisal Report).
Vacant Land by Tier and Planning Area
3.298
411
1.724
31 17 WA
5.471
6.338.7
71LI
571,7
11.5 52.2 7,002D
7.054.2
99.9910
20
1-1%
0
8.1%
294
02% 0.7*/a NIA
0 N/A NIA
NeA
304
147.0
0.0
63.6
63"'
0.0 0.0 2112
211,2
69.9%
0.0134
0
30.1%
0.'%
1.058
t633
010% NA NIA
265 225 NIA
N/A
2-M
1.501.1
0.0
3 1
79.9 2613 1.9973
Z1596
;935
69.5%
4.143
0,0%
411
14.754
306
3.7% 12.18"0 WA
296 242 NIA
WA
9752
7XT4�
72.1
053.6
91.4 313.5 911305 1
9,424,0
84.rli
..r
0.,
0. r/O
10.1014
1.0% 1 3.3% WA I
I00`i
Note ramvntApofTier -sli&diffanmmdoe vorcmdic&
Louse: Menem C*nntYGr*wtbH&aWmeat 201L, 000"hwInlormudon SyMm Me NC.ELU.F,11'� Hmm
County Orowth H in Houreecounly
K&nApmint 20ll.GaegraphicLnfcrmalionS73tmf.k-ner-Dil(r
Tim am
I - Tier I - Nantral Area
11= Tkr H (Big her VAVand He Maw Kegs in the Lower Mays Plannin Area only)
1% Tier M - taO Areas
IH SPWW Protection Area (SPA)
0- Fropertydoes oothen aTin dnignadom Most of these ocnwix the upper xM and some
we rIg;W-",wa7 parveh. Some Im wen not oviginally d&&tg"ffAd because ofmappmg errmt
the nuJoAty of which am currently being reviewed by the Tier Do-timeMon ReviewComantieve
and w9ft bed at a laaw date,
Tier 0 is reed Ser 111mawati4a pwpe� &&IV and is not pAn of 6* analvels.
Vacant mm In A tiers after subtracting TWr 0.
2 In addition, Florida Statutes require that amendments to the comprehensive plan be consistent
3 with efforts to ensure public health, safety, and welfare, including safe and timely hurricane
4 evacuation. Further, the County's 2010 Comprehensive Plan requires the maintenance of a 24
5 hour clearance time.
6
7 - 163.3178(8)(a), F.S., A proposed comprehensive plan amendment shall be found in
8 compliance with state coastal high -hazard provisions if-
9 1. The adopted level of service for out -of -county hurricane evacuation is maintained for a
10 category 5 storm event as measured on the Saffir-Simpson scale; or
11 2. A 12-hour evacuation time to shelter is maintained for a category 5 storm event as
12 measured on the Saffir-Simpson scale and shelter space reasonably expected to
13 accommodate the residents of the development contemplated by a proposed
14 comprehensive plan amendment is available; or
15 3. Appropriate mitigation is provided that will satisfy subparagraph 1. or subparagraph 2.
16 Appropriate mitigation shall include, without limitation, payment of money, contribution
17 of land, and construction of hurricane shelters and transportation facilities. Required
18 mitigation may not exceed the amount required for a developer to accommodate impacts
19 reasonably attributable to development. A local government and a developer shall enter
20 into a binding agreement to memorialize the mitigation plan.
22 - 163.3177(6)(b)2.c., F. S., The capability to evacuate the coastal population before an
24 impending natural disaster.
25 - 380.0552 (2)0), F. S., states as an intent of the Legislature to ensure that the population of
26 the Florida Keys can be safely evacuated;
27
28 - 380.0552 (7)(n), F. S., states that any plan amendments must protect the public health,
29 safety, and welfare of the citizens of the Florida Keys and maintain the Florida Keys as a
30 unique Florida resource;
31
32 - 380.0552 (9)(a)2., F.S., requires amendments to local comprehensive plans in the Florida
33 Keys Area to be compliant with goals, objectives, and policies to protect public safety and
34 welfare in the event of a natural disaster by maintaining a hurricane evacuation clearance
35 time for permanent residents of no more than 24 hours. The hurricane evacuation clearance
36 time shall be determined by a hurricane evacuation study conducted in accordance with a
37 professionally accepted methodology and approved by the state land planning agency.
38
39 The creation of an exclusive Commercial Future Land Use Map (FLUM) category can provide
40 alternative uses of private property that do not include a residential component, and, therefore,
41 do not contribute to increases in hurricane evacuation times.
42
43 Additionally, the proposed Commercial FLUM category can assist the County in implementing
44 other necessary planning projects, such as enhancing economic sustainability (see Evaluation
45 and Appraisal Report example below) and addressing nonconformities. Note, when the
46 County was developing its major issues for the Evaluation and Appraisal Report, DEO sent a
47 letter to the County on October 29, 2010, encouraging the County to consider the establishment
48 of a commercial land use designation (see Exhibit 3).
49
I When the Monroe County 2010 Comprehensive Plan and Future Land Use Maps were adopted
2 and determined to be in compliance with Florida Statutes in 1997 as well as with the adoption
3 of the official zoning maps in 1992, multiple properties with existing commercial/office uses
4 became nonconforming due to the adopted maps. Members of the community have brought up
5 the issue of nonconformities over the years and the County has highlighted this issue in the
6 Evaluation and Appraisal Report (EAR) of the Comprehensive Plan (see Evaluation and
7 Appraisal Report example below). Additionally, the County has adopted action items as part
8 of the Livable CommuniKeys Plans (see Key Largo Community Master Plan examples below)
9 as well as the fee resolution (see Resolution 172-2012 below) to address these
10 nonconformities.
I
12 Evaluation and Appraisal Report
13 On May 22, 2012, the BOCC adopted the final Evaluation and Appraisal Report (EAR), which
14 evaluates the existing goals, objectives, and policies of the existing Comprehensive Plan and gauges
15 their compatibility with state and regional policies, plans and regulatory requirements.
16
17 1 The EAR's Assessment of Comprehensive Plan Elements (Chapter 3) included the following
18 recommendation:
19
20 A. Future Land Use Element
21 Objective 101.4 and the associated polices establish the Future Land Use Map categories and the
22 density and intensity standards for each category. These policies should be evaluated to determine if: 1)
23 the existing density and intensity standards recognize and encourage the unique
24 development/redevelopment patterns within the County; 2) if the floor area ratio maximums promote
25 compatibility in each of the Future Land Use categories; 3) if the density standards under maximum net
26 density should be modified or eliminated; and 4) if open space ratios should be adopted into the
27 Comprehensive Plan. Additionally, the County should review and clarify the uses permitted under the
28 Conservation category, consider the creation of a Preservation category for publically owned lands, and
29 estabfish a Commercial category.
30
31"' The EAR's Assessment of Major Issues (Chapter 4) included the following recommendation:
32
33 II. Economic Sustainability
34 A. Background. Today, the County faces a variety of economic constraints. These stem from national
35 trends in the structure of employment and local conditions which contribute to a lack of investment.
36 Further, a determination made at the State level has concluded growth and development has reached its
37 effective physical carrying capacity in the Keys. The result of this determination is a regulatory
38 constraint on growth which allows only a very small and limited amount of net new residential and non-
39 residential construction each year.
40
41 From an economic structural standpoint, dynamic long term trends at the national and global levels shift
42 the economic structure of the local economy. Absent a highly focused and long term effort to modify
43 the effect of these forces, the global and national trends will prevail. These global and national
44 structural trends include a shift away from industrial production in the United States and a shift toward
45 a service and retail based economy. At the national level some 50 percent of manufacturing jobs have
46 been lost in the United States since 1960. By the same measure, service and retail positions have grown
47 1 by more than 250 percent each. In Florida, which has never had the share of manufacturing and
48 industrial employment as found elsewhere in the nation, the structural employment shift to service and
49 retail has been more pronounced over this period. Thus, in the face of these forces, employment by
50 industry type in the Floridaeys has shifted in a more pronounced way toward a service and retail
51 based economy.
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D. Strategies: Consider developing a separate Economic Development Element of the PIan, with an
emphasis on redevelopment
Issue Category #2(e): Development of a Commercial Land Use District Category
A. Background: Currently, the County does not have an exclusive commercial land use category. The
two existing commercial use categories: Mixed Use/Commercial and Mixed Use/Commercial Fishing
include a residential component.
B. Analysis: Due to the potential for encroachment and impacts from litter and pets from residential
uses, mixed use parcels adjacent to natural habitat in Tier I have the potential to negatively impact these
lands.
C. Policy Framework: Objective 101.4 and its associated policies identify the various land use
districts and the uses allowed within each district, but again, there is no Commercial Iand use category.
D. Strategies: The County should consider creating a policy for a Commercial Future Land Use
Designation that does not allow residential uses.
III. Land Use/Mobility
Issue Statement #2: The County Should Meet or Exceed Hurricane Evacuation Requirements as
required by State law.
Key Largo Community Master Plan (2006)
Goals identified in the Key Largo Community Master Plan include:
Land Use and Redevelopment Element
GOAL ONE. Direct future growth to lands that are most suitable for development and encourage
preservation of environmentally sensitive lands.
Under this goal, community needs include the re-evaluation of parcels that were previously down -
zoned and now non -conforming, and restoration of the commercial status where appropriate (pg 20).
Action Item 1.3.1: Continue to use the FLUM and Land Use District Maps to regulate development of
individual parcels with respect to density, intensity, bulk regulations, and all other land development
regulation. This will protect the existing conformance status of most uses and promote orderly
development consistent with the Comprehensive Plan.
Action Item 1.3.2: Revise the FLUM and Land Use District Maps to resolve nonconformities
in the planning area where appropriate.
Action Item 1.3.7: Evaluate future FLUM change and Land Use District Map change requests for
nonconforming uses, proposed changes in use, vacant parcels and other requests based mainly on
comprehensive planning principles and the following community -goal related criteria:
a. Promote infill, design flexibility and transfer of density to Community Centers.
b. Preserve commercial conformance status within sections along US-1 predominated by existing
commercial businesses and disturbed lands.
c. Encourage sun -setting of intensive commercial uses within sections along US-1 predominated by
natural habitat or native -dominated Iandscape, relatively sparse development and relatively few
businesses.
d. Preserve commercial use status for existing waterfront uses that support the tourist -based and
working waterfront -based economy.
e. Give consideration to whether the property provides a unique or outstanding opportunity for
enhancement of design, connectivity and other community goals, especially along the US-1 corridor.
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Monroe County BOCC Fee Resolution 172-2012
Section 1.
3. There shall be no application or other fees, except advertising and noticing fees, for property owners
who apply for a map amendment to the official LUD map and/or the official FL UM, if the property
owner can provide satisfactory evidence that a currently existing use on the site that also existed
lawfully in 1992 was deemed nonconforming by final adoption of the L UD map and/or a currently
existing use on the site that also existed lawfully in on the site in 1997 was deemed nonconforming by
final adoption of the FLUM. To qualify for the fee exemption, the applicant must apply for a LUD
and/or FL UM designations) that would eliminate the non -conforming use created with adoption of the
existing designation(s) and not create an adverse impact to the community. Prior to submittal of a map
amendment application, the applicant must provide the evidence supporting the change and application
for a fee exemption with the proposed LUD map/FLUM designations to the Monroe County Planning &
Environmental Resources Department as part of an application for a Letter of Understanding.
Following a review, the Director of Planning & Environmental Resources shall determine if the
information and evidence is sufficient, and whether the proposed LUD map and/or FL UM designations
are acceptable for the fee waiver, and approve or deny the fee exemption request. This fee waiver Letter
of Understanding shall not obligate the staff to recommend approval or denial of the proposed L UD or
FLUM Category.
19
20 The proposed amendment will fulfill the EAR's recommendations to create a policy for a
21 Commercial Future Land Use Designation that does not allow residential uses, as well as
22 support the County's efforts to comply with the State's requirements for hurricane evacuation.
23
24 Further, as the County currently tries to address the nonconformities due to the official map
25 adoptions; the County must evaluate and make recommendations on amendments based on the
26 existing land use categories. The two existing future land use map categories that allow
27 commercial are: Mixed Use/Commercial (MC) and Mixed Use/Commercial Fishing (MCF).
28 Both of these categories include a residential component. If the County or a property owner
29 requests that the future land use map category for a property with an existing nonconforming
30 commercial use be changed to either the MC or MCF category, the allocated residential density
31 could likely increase with that change. Given the hurricane evacuation issues stated above and
32 the recently adopted comprehensive plan amendment (September 21, 2012 BOCC meeting,
33 transmitted via Resolution 021-2012 - see below) discouraging private applications for future
34 land use changes which increase allowable density/intensity, MC and MCF Iand use categories
35 may not be viable options for Iand use changes addressing nonconforming commercial uses.
36 No alternative Iand use categories currently exist which do not include a residential
37 component.
38
39 Discouragement Amendment
40 On February 13, 2012, the Monroe County BOCC adopted Resolution 021-2012 to transmit to
41 the State Land PIanning Agency an Ordinance by the MC BOCC amending the MC 2010
42 Comp Plan, creating Policy 101.4.20 discouraging private applications for future land use
43 changes which increase allowable density/intensity. The amendment is required to implement a
44 Work Program Task from Rule 28-20.140, F.A.C., and the direction from the Administration
45 Commission.
46
I The Florida Department of Economic Opportunity has reviewed the proposed amendment, and
2 provided their Objections, Recommendations, and Comments (ORC) Report, dated May 4,
3 2012. Based on this report, the amendment has been revised based upon the ORC report, and
4 was adopted by the BOCC on September 21, 2012.
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Discouragement Amendment
Policy 101.4.20
In order to implement the Florida KUs Carr,+S ing Capacity Study, Monroe County shall promote the
reduction in overall Coun1y density and intensity and the preservation of Monroe Count 's native
habitat by enacting legislation which implements „ the following_ policy statements_ for private
apl2lications for future land use ma amendments which increase allowable density -and/or intensit .
Private applications) means those applications from private entities with ownership of the upland
development and parcels) of land or includes private upland development on County -owned land.
Private applications requesting future land use map designation amendments received after the effective
date of this ordinance, which propose increases in allocated density and intensity shall be required to
comply with either option (1 ) or (2) below:
(1) For every acre of land, and/or fractions thereof, where there is a request to increase density and/or
intensity,a private applicant shall purchase and donate land that is a minimum of twice the size of the
parcel subject to the proposed request, which contains non -scarified native upland habitat and/or
undisturbed wetland habitat to Monroe County for conservation. The following requirements apply'
• The donated land shall be designated as Tier I. Tier II or Tier III -A Special Protection Area and be
located on Big Pine Key/No Name Key or be within the same sub -area of unincorporated Monroe
County as the proposed increase in density and/or intensity.
• The land shall be inspected by the Monroe County Biologist to assure it is acceptable for
acquisition and donation.
• A restrictive covenant shall be recorded to extinguish the development rights on the donated land
• The Future Land Use Map Designation for the donated land may be designated by the County as
Conservation (Q.
(21 For each requested additional unit of density, a private applicant shall Rurchase and donate a lot
designated as Improved Subdivision (IS) district on the Land Use (Zoning) District map which contain
non -scarified native u land habitat and/or undisturbed wetland habitat to Monroe County. The
following requirements apply:
• Private applicants shall provide IS lots pursuant to a 1:1 (1 unit: I lot) ratio to mitigate the request
for increased allowable density, pursuant to option (a) or (b) below:
a The donated IS lots shall be designated as Tier I Tier II or Tier III -A S ecial Protection Area and
be located on Big Pine_Key/No Name Key or be within the same sub -area of unincorporated Monroe
County as the proposed increase in density_
• The IS lots shall be inspected by the Monroe County Biologist to assure it is acceptable for
acquisition and donation.
• A restrictive covenant shall be recorded to extinguish the development rights on the donated land.
• The Future Land Use Map Designation for the donated land may be designated by the County as
Conservation (Q.
(b) The donated IS lot(s) shall be designated as Tier III, suitable for affordable housing and must be
within the same sub -area of unincorporated Monroe County as the prol2osed increase in density,
• The IS lot(s) shall be dedicated to Monroe County for affordable housing _proiects.
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11!
. . . ......... . ......... ..
For options ffland_(2) described above, the parcel which is the subject of the request to increase its
density and intensity must be designated as Tier III and have existing public facilities and services and
available central wastewater facilities,
............. . ........ .. ........ .. I . .......... . . .... . . . ....
5 The creation of an exclusive Commercial Future Land Use Map (FLUM) Category will further
6 support the goal of avoiding increases in residential density by providing alternative FLUM
7 and zoning categories which do not allow residential development.
8
9 111. PROPOSED AMENDMENT
10
11 Poliev 10 1.4.2
12 The 1,j jjjjqi a L)Ijrp MI future 1,and use cat o t
_p r �o%
M
13 t1he establishment oj'cornmercI,qj- %,qnoustvi� imercial
,��.triets where
14 11, _011entc'�
_211 sales and sel-Vices- cominercial recreation, ligbt industrial . ........ ppblic.,
........................................
15 institutional and "o"'ffi ge ...........wises _May��be_gj' "tted at int'-psities which are Consistent with the
i ............... .................................................................... ....................
16 conirn'unit character and the natura I environment . T he conimerci at zonj ng d'stri cts -stab! i shed
........................................................................
17 within this catefI'_)T'Y_Ar!L�nde�dto serve the immediate
............................................. i �Cin i V, up-
18 subarea. This cateL`Ory is not Intended to accornmoGate tranisient o 1.aerma.L
19 development.
20
21 11 10 to roninentaliv sensjtjands the fiollo%ei devel2RILIent contLols
22 apTjy.,j2 1 1,1,.Ijer I,,"w-ds within this land..use cate
23
24 Io 1. iv on .Lly low inat_i,tv commercia' uses shall bg i�td.
.. . ...................
25 2, a max imum fl cK,',r area ratio of 0. 15 shal I
. ..... . ..... ... . ........ .......................... .
26
27 Policy 101.4.22 U
28 Monroe County hereby adopts the following density and intensity standards for the future land use
29 categories, Which are shown on the Future Land Use Map and described in Policies 101.4.1 - 101.4.17:
30
Future Land Use Densities and Intensities
Future Land Use Category
Allocated Density
Maidn= Net Density
Maximum Intensity
And Corresponding Zoning
(per a=)
(per buildable acre)
(floor area ratio)
Agriculture (A)
0 du
N/A
0.20-0.25
(no directly corresponding zoning)
0 rooms/spaces
N/A
Airport (AD)
0 du
N/A
0.10
(AD zoning)
0 rooms/spaces
N/A
fCommetrycial (COMIM )
0 dti
N."A
15-0.50
(C-Pi nirvT is l i c t dd
igQML�2
N.'.A
Coixnp,ercial2l Q 7pning
Conservation (C)
0 du
N/A
0.05
(CD zoning)
0 rooms/spaces
N/A
Education P
0 du
N/A
0.30
(no directly corresponding zoning)
0 moms/spaces
N/A
Industrial (1)
1 du
2 du
0.25-0,60
g and M1
0 rooms/spaces
N/A
histitutional (INS)
(no r r `=,err [ a
rr r :. ■
r �r w ..
S
0 ZVI kv,
Mixed Use/Commercial. (MC)P-
(SC, UC, DP, RV, and MU zoning)
ff to MW-W aNKOW1
Public Facilities (P9
(no &vWy corresponding zoning)
Public Buildings/Grounds (PB)
(no directly corr esponding zonirW
Residattial tion(RC)
(OS and NA zoriffig)
Residential Low (RL)
0.25-0.50 du
SP, and SR-L zoning)
0 roorns/spr. ces
OKI
approx. 0.5-8 du
a 0
(I du4ot)
0 TqT�Taces
1.
approx. 3-16 du
(1 -2 duIlot)
10 rooms/spaces
Nobes:.
(a) eans that nwdmum net density bonuses shall not be available
(b) The WIocated densities for submerged lands, sak pond fiin. hwater ponds, &W mangroves shall be 0 and die maximum net densities bonuses shall not be
available
allocated density fior CFV zoning shall be I dwelling unit per lot and the maximum net density bonuses shall not be available
(d) Maximum net density bonuses shall not be available to the SS dishim
(e) The allocated density for IS-D and LJRM zming "I be 2 and I dwelling units per K respectively and the maximum net density bonuses shall not be
available-
(f) The maxiinum net density for the UR district slid be 25 fbr units where all units am designated as affordable housing,
(g) Forpqxrfies consisting oftiamnxxi,� joindands or disturbed wolands within the Mixed Use/ CaTuric rcial and Mixed Usef Canmemial Fishing land use
categoriM the floor arca ratio shall be 0. 10 and the maximum net residential derisity bonuses not app
(h) Uses under the categories of Agricultun; Education, Institutional, Public Facilities, and Public Building& and Uses, which haw no dimctly conesponding
zoning, may be incorporated into new or existing zoning districts as Wptp me
Maximum Net Density is the maximum densitg�owable with the use ofTDRs.
1
2
3 Poficy 101A23 22
4 All development shall be subject to clearing limits defined by habitat and the location of the pmperty in the
5 Land Use District (zoning) Overlay Tier Maps and the wedand requirements in Policy 102. 1. 1. The clearing
6 limits of upland native vegetation areas for properties in the Ocean Reef planned development shall be limited
7 to 40 percent of the existing upland native vegetation. Except as defined in Policy 10 1. 12.4, clearing of upland
8 native vegetative areas in the Tiers L IIL and HI shall be limited for the portion of the property containing
9 upland native vegetation in the following percentages:
10
91
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10
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39
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44
45
46
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Tier Permitted Clearine
I 20% _
H 40% (Big Prune Key and No Name Key)
III 40% or 3,000 s.f., whichever is greater, however, the maximum amount of clearing
shall be no more than 7,500 square feet, regardless of the amount of upland native
vegetative area.
* Palm or cactus hammock is limited to only 10%.
cliev 101.4.24
ReseIrved
Policy 101.4.25 23
Notwithstanding the density limitations set forth in Policy 101.4.21, land upon which a legally -established
residential dwelling unit exists shall be entitled to a density of one dwelling unit per each such unit. Such
legally -established dwelling unit shall not be considered as non-confomiing as to the density provisions of
policy 101.4.21 and the Monroe County Code.
Policy 101*2
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,
hansimission towers and other similar structures.
Note there are several other Comprehensive Plan amendments being processed by Mon
County, d r BOCC on Sept. 21, 2012.
s: ��amendments
, i< M , r'
Commercialamendments h a� processed . �� t� m� n
shown
A. The proposed amendment is consistent with the following Goals, Objectives and
Policies of the Monroe County Year 2010 Comprehensive Plan. Specifically, the
amendment furthers:
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.
Objective 101.3: Monroe County shall regulate non-residential development to maintain a
balance of land uses to serve the needs of the future population of Monroe County.
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
E
I Future Land Use Map, and structures which are inconsistent with applicable codes and land
2 development regulations.
3 Policy 101.8.2
4 Monroe County shall prohibit a non -conforming use to be changed to any other use unless
5 the new use conforms to all applicable provisions of the Future Land Use category and
6 zoning district in which it is located
7
8 Policy 101.20.2: The Community Master Plans shall be incorporated into the 2010
9 Comprehensive Plan as a part of the plan and be implemented as part of the
10 Comprehensive Plan. The following Community Master Plans have been completed in
11 accordance with the principles outlined in this section and adopted by the Board of County
12 Commissioners:
13 5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into
14 the 2010 Comprehensive Plan. The term Strategies in the Master Plan is equivalent to
15 the term Objectives in the Comprehensive Plan and the term Action Item is equivalent
16 to the term Policy; the meanings and requirements for implementation are synonymous.
17
18 Goal 102: Monroe County shall direct future growth to lands which are intrinsically most
19 suitable for development and shall encourage conservation and protection of
20 environmentally sensitive lands.
21
22 GOAL 216
23 Monroe County shall provide for hurricane evacuation, shelters and refuges, and
24 communication capabilities to promote safeguarding of the public against the effects of
25 hurricanes and tropical storms.
26
27 Objective 216.1
28 Monroe County shall reduce hurricane evacuation clearance time to 24 hours by the year
29 2010
30
31 B. The amendment is consistent with the Principles for Guiding Development for the
32 Florida Keys Area, Section 380.0552(7), Florida Statute.
33
34 For the purposes of reviewing consistency of the adopted plan or any amendments to that
35 plan with the principles for guiding development and any amendments to the principles, the
36 principles shall be construed as a whole and no specific provision shall be construed or
37 applied in isolation from the other provisions.
38
39 (a) Strengthening local government capabilities for managing land use and development so
40 that local government is able to achieve these objectives without continuing the area of
41 critical state concern designation.
42 (b) Protecting shoreline and marine resources, including mangroves, coral reef formations,
43 seagrass beds, wetlands, fish and wildlife, and their habitat.
44 (c) Protecting upland resources, tropical biological communities, freshwater wetlands,
45 native tropical vegetation (for example, hardwood hammocks and pinelands), dune
46 ridges and beaches, wildlife, and their habitat.
47 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
48 economic development.
I (e) Limiting the adverse impacts of development on the quality of water throughout the
2 Florida Keys.
3 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
4 environment, and ensuring that development is compatible with the unique historic
5 character of the Florida Keys.
6 (g) Protecting the historical heritage of the Florida Keys.
7 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
8 proposed major public investments, including:
9
10 1. The Florida Keys Aqueduct and water supply facilities;
11 2. Sewage collection, treatment, and disposal facilities;
12 3. Solid waste treatment, collection, and disposal facilities;
13 4. Key West Naval Air Station and other military facilities;
14 5. Transportation facilities;
15 6. Federal parks, wildlife refuges, and marine sanctuaries;
16 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
17 properties;
18 8. City electric service and the Florida Keys Electric Co-op; and
19 9. Other utilities, as appropriate.
20
21 (i) Protecting and improving water quality by providing for the construction, operation,
22 maintenance, and replacement of stormwater management facilities; central sewage
23 collection; treatment and disposal facilities; and the installation and proper operation
24 and maintenance of onsite sewage treatment and disposal systems.
25 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
26 operation of wastewater management facilities that meet the requirements of ss.
27 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served
28 by central wastewater treatment facilities through permit allocation systems.
29 (k) Limiting the adverse impacts of public investments on the environmental resources of
30 the Florida Keys.
31 (1) Making available adequate affordable housing for all sectors of the population of the
32 Florida Keys.
33 (m)Providing adequate alternatives for the protection of public safety and welfare in the
34 event of a natural or manmade disaster and for a post disaster reconstruction plan.
35 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
36 maintaining the Florida Keys as a unique Florida resource.
37
38 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent
39 with the Principles for Guiding Development as a whole and is not inconsistent with any
40 Principle.
41
42 C. The proposed amendment is consistent with the Part H of Chapter 163, Florida
43 Statute (F.S.). Specifically, the amendment furthers:
44
45 Section 163.316](4), F.S. -- It is the intent of this act that local governments have the
46 ability to preserve and enhance present advantages; encourage the most appropriate use of
47 land, water, and resources, consistent with the public interest; overcome present handicaps;
48 and deal effectively with future problems that may result from the use and development of
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land within their jurisdictions. Through the process of comprehensive planning, it is
intended that units of local government can preserve, promote, protect, and improve the
public health, safety, comfort, good order, appearance, convenience, law enforcement and
fire prevention, and general welfare; facilitate the adequate and efficient provision of
transportation, water, sewerage, schools, parks, recreational facilities, housing, and other
requirements and services; and conserve, develop, utilize, and protect natural resources
within their jurisdictions
Section 163.3177(1), F.S. - The comprehensive plan shall provide the principles,
guidelines, standards, and strategies for the orderly and balanced future economic, social,
physical, environmental, and fiscal development of the area that reflects community
commitments to implement the plan and its elements. These principles and strategies shall
guide future decisions in a consistent manner and shall contain programs and activities to
ensure comprehensive plans are implemented. The sections of the comprehensive plan
containing the principles and strategies, generally provided as goals, objectives, and
policies, shall describe how the local government's programs, activities, and land
development regulations will be initiated, modified, or continued to implement the
comprehensive plan in a consistent manner. It is not the intent of this part to require the
inclusion of implementing regulations in the comprehensive plan but rather to require
identification of those programs, activities, and land development regulations that will be
part of the strategy for implementing the comprehensive plan and the principles that
describe how the programs, activities, and land development regulations will be carried
out. The plan shall establish meaningful and predictable standards for the use and
development of land and provide meaningful guidelines for the content of more detailed
land development and use regulations.
Section 163.3177(6)(b)2.c., F.S., The capability to evacuate the coastal population before
an impending natural disaster.
V. " PREVIOUS MEETINGS/ACTIONS
On August 28, 2012 the Monroe County Development Review Committee (DRC) reviewed
and discussed the proposed text amendment, and confirmed the proposed amendment's
consistency with the Monroe County Year 2010 Comprehensive Plan, the Florida Statues,
and Principles for Guiding Development. The DRC recommended approval of the proposed
text amendment.
On September 26, 2012 the Monroe County Planning Commission held a public hearing for
the purpose of considering the proposed amendment. The Planning Commission passed
Resolution No. 39-12 recommending approval of the ordinance and transmittal to the State
Land Planning Agency.
VI. STAFF RECOMMENDATION
45 Staff recommends APPROVAL of the proposed amendment to policies in the Future Land
46 Use Element of the 2010 Monroe County Comprehensive Plan to establish a Commercial
47 future land use category; and revise the "Future Land Use Densities and Intensities" table to
x
I include a Commercial (COMM) future land use category, corresponding zoning categories,
2 and establish the density and intensity standards.
3
4 The proposed amendment provides a mechanism to limit or reduce residential density within
5 the County while permitting appropriate alternative uses, such as commercial retail and
6 office. The proposed amendment complements proposed Policy 101.4.20, which satisfies the
7 Administration Commission Rule 28-20.140, F.A.C., Work Program task (5)(a)9., requiring
8 the adoption of a comprehensive plan amendment to discourage private applications for
9 future land use changes which increase allowable density and intensity. The Commercial
10 land use category and its related commercial zoning districts will offer the option to
11 reclassify existing non -conforming commercial uses to commercial land without increasing
12 residential density. Further, the new Commercial category may assist the County in
13 maintaining a 24 hour hurricane evacuation clearance time.
14
15 VII. PROCESS
16
17 Comprehensive Plan amendments may be proposed by the Board of County Commissioners,
18 the Planning Commission, the Director of Planning, or the owner or other person having a
19 contractual interest in property to be affected by a proposed amendment. The Director of
20 Planning shall review and process applications as they are received and pass them onto the
21 Development Review Committee and the Planning Commission.
22
23 The Planning Commission shall hold at least one public hearing. The Planning Commission
24 shall review the application, the reports and recommendations of the Department of Planning
25 & Environmental Resources and the Development Review Committee and the testimony
26 given at the public hearing. The Planning Commission shall submit its recommendations and
27 findings to the Board of County Commissioners (BOCC). The BOCC holds a public hearing
28 to consider the transmittal of the proposed comprehensive plan amendment, and considers
29 the staff report, staff recommendation, and the testimony given at the public hearing. The
30 BOCC may or may not recommend transmittal to the Florida Department of Economic
31 Opportunity (DEO). The amendment is transmitted to DEO, which then reviews the
32 proposal and issues an Objections, Recommendations and Comments (ORC) Report. Upon
33 receipt of the ORC report, the County has 180 days to adopt the amendments, adopt the
34 amendments with changes or not adopt the amendment.
35
36 VIII. EXHIBITS
37
38 1. Compilation of Comprehensive Plan amendments: proposed amendment to Comprehensive
39 Plan to create a Commercial FLUM category as well as the other recently processed
40 amendments
41 2. Proposed, draft Land Development Code (LDC) amendments which include corresponding
42 Commercial Land Use District (zoning) Categories (for illustrative purposes only). LDC
43 amendments will be processed in the Fall of 2012.
44 3. DEO (formerly DCA) letter to the County dated October 29, 2010, encouraging the County
45 to consider the establishment of a commercial land use designation within the Evaluation
46 and Appraisal Report process and comprehensive plan update.
47 4. Planning Commission Resolution 39-12, recommending approval of the proposed
48 ordinance to the Monroe County BOCC, signed September 26, 2012.
14
Exhibit 1
Compilation of Recently Ado ted Comprehensive Plan amendments: includes proiRosed
Commercial FLUM amendment (shown in Preen)
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.
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.
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.
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.
Policy 101.4.5
[Currently Processing Comprehensive Plan Amendmentto
The principal purpose of the Mixed Use/ Commercial land use category is to provide for the
establishment of commercial land use 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. In addition,
Mixed Use/Commercial land use districts are to establish and conserve areas of mixed uses which
mAy include maritime indusqy, light industrial uses commercial fishing, transient and Rermanent
residential institutionalpublic, and commercial retail uses.
This land use category is also intended to allow for the establishment of mixed use development
patterns, where appropriate. Various types of residential and non-residential uses may be
permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited. The
County shall continue to take a proactive role in encouraging the maintenance and enhancement of
community character and recreational and commercial working waterfronts.
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.
In order to preserve and promote recreational and commercial working waterfront uses as defined
by 342.07 F.S. the following criteria shall apply to all lands designated with the Maritime
Industries MI land use(zoning) district within this land use cate o :
1. When a mixture of uses is proposed for parcels desigoated as MI land use(zoning) district
working waterfront and water dependent uses, such as marina, fish house/market, boat
re air boat building, boat storage, or other similar uses but excluding transient uses shall be
reserved by maintaining a minimum of 35% of the upland area of the property for those
uses.
2. Parcels within the MI zoning district that have existing wet slips shall preserve at least 20%
of the wet slips for vessels involved with recreational and commercial working waterfront
uses excludin live -aboard vessels solely used as a residence and not for navigation.
M
3. Parcels within the MI zoning district creating new wet slips shall preserve at least 10% of the
wet slips for vessels involved with recreational and commercial working waterfront uses
excluding live -aboard vessels solely used as a residence and not for navigation.
4. The preservation of dockage for recreational and commercial working waterfront uses shall
be documented on the final development plan and shall be a written condition of any permit
approval.
5. For permanent residential development, parcels within the MI zoning district shall be limited
to commercial apartments or employee housing. Commercial apartment means an attached
or detached residential dwelling unit located on the same parcel of land as a nonresidential
use that is intended to serve as Rermanent housing for the owner or em to ees of that
nonresidential use. The term does not include a tourist housing use or vacation rental .use.
6. The .preservation of a public access walkway shall be required for all parcels ,with direct
access to the water. Consideration shall be given to security and the physical constraints of
the parcel. The ublic access walkway shall be documented on the final development plan to
link a continuous walkwav and shall be a written condition of any permit a royal.
7. Parcels within the MI zoning district shall be limited to commercial retail uses of less than 5,000
square feet of floor area.
Policy 101.4.6
The principal purpose of the Mixed Use/ Commercial Fishing land use category is to provide for the
maintenance and enhancement of commercial fishing and related traditional uses such as retail,
storage, and repair and maintenance which support the commercial fishing industry. Residential
uses are also permitted. In order to protect environmentally sensitive lands, the following
development controls shall apply to all hammocks, pinelands, and disturbed wetlands within this
land use category:
1. only low intensity commercial uses shall be allowed
2. a maximum floor area ratio of 0.10 shall apply; and
3. maximum net residential density shall be zero.
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.
Policy 101.4.8
The principal purpose of the Agri culture/Aquaculture land use category is to encourage the retention
of existing agricultural and aqua cultural uses.
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.
Policy 101.4.10
The principal purpose of the Institutional land use category is to provide for institutional uses by
federally tax-exempt, non-profit facilities, including, but not limited to, educational, scientific,
religious, social service, cultural, and recreational organizations. Related residential and non-
residential uses, including student and employee housing shall be allowed.
10
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.
Policy 101.4.12
The principal purpose of the Public Buildings/Grounds land use category is to provide for public
buildings and grounds owned by federal, state and local governments.
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.
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.
Policy 101.4.16
The principal purpose of the Airport District land use category is to prohibit the development of
residential, educational or other uses which are characterized by the regular presence of large
numbers of people within the hazard areas of civil and military airports.
Policy 101.4.17
The principal purpose of the Mainland Native land use category is to protect the undeveloped and
environmentally sensitive character of land within Monroe County that is located on the mainland of
the Florida peninsula. Very low density residential uses and low -intensity educational and research
centers shall be allowed. All land in the mainland portion of Monroe County is hereby designated
as Mainland Native.
Policy 101.4.18
The principal purpose of the Historic overlay category is to identify existing and potential historic
districts for designation, protection, and preservation (See Goal 104 and supporting objectives and
policies). Maximum permitted densities and intensities shall be in accordance with the underlying
land use categories.
E
Policy 1.01..4.1.9
Densities among properties designated Residential Conservation and Residential Low shall not be
increased above the densities which existed prior to the date of plan adoption except through appeal
procedures to demonstrate that such prior density designations were incorrect due to
scrivener's/drafting errors or incorrect habitat conditions identified on the December 1985 Habitat
Classification Aerial Photographs.
Policy 101:4.20
lCurrently Processing ComprebensiveAmendment to
In order to implement the Florida Keys Carrying -Capacity Study_, Monroe Count.. shall the
reduction in overall County density and intensity and the preservation of Monroe Count 's native
habitat by enacting legislation which implements the following_ policy statements for private
applications for future land use map amendments which increase allowable density and/or intensity_
Private applications) means those applications from private entities with ownership of the upland
development and parcel() of land or includes private upland development on County -owned land
Private applications requesting future land use map designation amendments received after the
effective date of this ordinance, which propose increases in allocated density „and intensity shall be
required to comply with either option (1) or 2) below:
1 For eypa acre of land and/or fractions thereof where there is a re nest to increase densit
and/or intensity, a private applicant shall purchase and donate land that is a minimum of
twice the size of the parcel_ subject to the proposed request, which contains non -scarified
native upland habitat and/or undisturbed wetland habitat to Monroe County for conservation
The following requirements apply:
• The donated land shall be designated as Tier I Tier II or Tier III -A Special Protection
Area and be located on Big Pine Key/No Name Key or be within the same sub -area of
unincorporated Monroe County as the proposed increase in density and/or intensity.
• The land shall be inspected by the Monroe County Biologist to assure. it is acceptable
for acquisition and donation.
• A restrictive covenant shall be recorded to extinguish the development rights on the
donated land.
• The Future Land Use MaR Designation for the donated land may be desi ated by the
County as Conservation (C).
(2) For each requested additional unit of density, a private applicant shall purchase and donate a
lot designated as Improved Subdivision (IS) district on the Land_ Use (Zoning) District map
which contain non -scarified native upland habitat and/or undisturbed wetland habitat to
Monroe County. The following requirements LapplE.
• Private apl2licants shall Drovide IS lots pursuant to a 1:1 1 unit: 1 lot ratio to mitigate
the request for increased allowable density_ pursuant to option (a) or (b) below:
a) The donated IS lot(s) shall be designated as Tier I, Tier lI or Tier 111-A Special Protection
Area and be located on Big Pine Key/No Name Key or be within the same sub -area of
unincorporated Monroe Counter the proposed increase in density_
• The IS lots shall be inspected by the Monroe County Biologist to assure it is
acceptable for acquisition and donation.
19
• A_restrictive covenant shall be recorded to extinggish the development rights on the
donated land.
• The Future Land Use MgR Designation for the donated land ma be designated b
the County as Conservation C .
(b) The donated IS lot(s) shall be designated as Tier III, suitable for affordable housing and
must .be within the same sub -area of unincorporated Monroe County as the proposed
increase in density.
• The IS lot(s) shall be dedicated to Monroe County for affordable housing_ projects.
For options (1) and (2) described above, the parcel which is the subject of the request to increase its
density and intensity must be designated as Tier III and have existing_ public facilities and services
and available central wastewater facilities.
Example of
12 acres requesting a
Requires the donation of 24 acres of non -scarified
Option 1
FLUM amendment to
native upland habitat and/or undisturbed wetland
increase density and/or
habitat, designated as Tier I, Tier 11 or Tier III -A.
intensity
(12 acres x 2 = 24 acres)
Example of
20 acres with an allocated
(a) Requires the donation of 20 IS lots of non -
Option 2
density allowing the
scarified native upland habitat and/or undisturbed
development of 20 units,
wetland habitat, designated as Tier I, Tier 11 or
requesting to increase
Tier III -A; or
density to allow 40 units
(b) Requires the donation of 20 IS lots designated
as Tier III and suitable for affordable housing.
(Increase of 20 units = 20 IS lots)
P lle ° 101.4.21
I he cip se of thtm)mjm ut r- hand use c ��: � � � Lr�r�� �d�qor the
esuiblishment of commercial zonino districtshere N°ari s t .s f cornincr iLa retail-'AW1--
oriented sales and service, i l recreation,light industrialw ub ic. institutional and office
ses m a " c emitted at immt rsitie•.� # 1 arc ns s e t with the om�nu ty mracter and the
natural environment. The commercial ercial zondig, districts established within this cat er mr intenc[eddo
to serve the ininiediate. icinity or ser;r _xe momral �rmercial 114g) e.�m�clm� �l� ti �mre�t�.a This
category is ,not intended. to accommodate odate transient t-� 1 pAqA_ residential clev I 11(11t
In order to motegt enyon�etally sensitive Ia�de lollo��m men! controls sal ainl a
to all Tier I lands within this land use s, t -�pL
1, onh low iptensm ;tic It ml crm i l Ill allo £cd .� __. _
m d
2. a rna im��u floor area ratio of 0, 10 shall a _ l .
Policy 101.4.
[Currently cesi e e save Plan Amendment- BOCC Adopted 9-21-121
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:
RE
Future Land Use Densities and Intensifies
Future Land Use Category
Allocated Density
Maximum Net Density
Maximum intensity
And Corresponding Zoning
(per acre)
(per buildable acre)
(floor area ratio)
Agriculture (A)
0 du
N/A
0.20-0.25
(nodirectly co=s ponding zoning)
0
N/A
Airport (AD)
0 du
N/A
0.10
(AD zoning)
0 Tooms/spaces;
N/A
COLlc�rciaf C�-ON111,�
Odu
X'A
U3-0,50
(Conimercial I .......................... ...............
(-,bagueLcial 2 oning)
. ..............
Conservation (C)
0 du
N/A
0.05
(CD zoning)
0 rooms/spaces
N/A
Education (E)
0 du
N/A
0.30
no 4iredl corresponding mrii Ing)
0
N/A
I du
2 du
0,25-0.60
(I and NH zoning)
0 rooms/spaces
N/A
Institutional (INS)
0 du
N/A
0.25-0.40
(no directly co:rresponding zoning)
3-15
6-24 rooms/spaces
Mainland Native
0.01 du
N/A
0.10
OON zoning)
0 rooms/ :s
N/A
Military
6 du
12 du
0.30-0.50
(Nff zoning)
10 rooms/spaces
20 Looms) ces
Mixed Use(Comnxw6al. (MC)(g)
1-6 du
2 6-48 du
0.10-0.45
(SC, UC, DR, RV, en&MU and
5-15 rooms/spaces
10-25 rooms/spaces
(SC, UC, DR. RV and MU
m:lzoning)
I du (NU
2 du (Ml
0.30-0.60 W zoning)
Mixed Use/Commercial Fishing
Approx. 3-8 du
12 du
0.25-0.40
(M
0 rooms/spaces
0 morns/Spaces
(CFA, CFVr), CFSD zoning)
Public Facilities (PF)
0 du
N/A
0,10-0.30
no directly corresponding wn�m
0
N/A
Public Buildings/Grounds (PB)
0 du
N/A
0.10-0.30
no directly corresponding zoning)
0 rooms/spaces
N/A
Recreation (R)
0.25 du
N/A
0.20
(PR zoning)
2 rooms/ gaces
N/A
Residetitial Conservation (RC)
0-0.25 du
N/A
0-0,10
(OS and NA zoning)
0 mqn*spaces
N/A
Residential Low (RQ
0.25-0.50 du
5 du
0.20-0.25
(SSI� SR, and SR-L zoning)
0 LO�O
N/A
Residential Medium (RM)
approx. 0.5-8 du
N/A
0
(IS zoning)
(I du/lot)
N/A
0 roorns/spaces
Residential High (RH)
approx. 3-16 du
12 du
0
(IS de), tJRNP), and LJW' zoning)
(1 2 du/lot)
20 rooms/spaces
10 ruorxasJspaces
Notes:
(a) "NIA' means that maximum net density bonuses shall not be available,
(b) The allocated densities for submerged lands, salt Ponds, freshwater ponds, and mangroves 4W] be 0 and the maximum net densities bonuses shall not be
available-
(c) The allocated density for CFV wning shall be I dwelling unit per lot and the maximum net density bonuses M not be available,
21
(d) Maximum net density bonuses shall not be available to the SS district
(e) The allocated density for IS-D and URM zoning shall be 2 and 1 dwelling units per lot, respectively and the maximum net density bonuses shall not be
available.
(f) The maximum net density for the UIt district shall be 25 for units where all units are designated as affordable housing.
(g) For properties consisting ofhammocks, pinelands ordisturbed wetlands within the Mixed Use/Commercial and Mixed Use/ Commercial Fishing land use
dories, the floor area ratio shall be 0.10 and the maximum net residential density bonuses not apply.
(h) Uses under the categories of Agriculture, Education, Inotutional, Public Facilities, and Public Buildings and Uses, which have no dnte* corresponding
zoning, may be incorporated into new or existing zoning districts as appropriate.
(i) The Maximum Net Density is the maximum density allowable with the use of TDRs.
6) A mixture of uses shall be maintained for panels designated as Ml zoning district that are within the MC future land use cateM. Woridng wateftt and
water dependent uses. such as marina, fish ha sebmik t boat repair. boat building, boat storage or other similar use& shall pgmprise a minimum of 35% of the
Policy 1.01..4.2
[Currently Processing Revisions to Clearings icy- BOCC Adopted- -
All development shall be subject to clearing limits defined by habitat and the Iocation of the
property in the Land Use Tier Overlay District Maps and the wetland
requirements in Policy 102.1.1. The clearing limits of upland native vegetation areas(hardwood
hammock, pinelands, and beach berm) 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(hardwood
hammock, pinelands, beach berm, cactus hammock and palm hammock) in the Tiers I, II, and -III
and Tier III -A shall be limited fef to the portion of the property containing upland native
vegetation in the following percentages or maximum square footage:
Tier I Permitted Clearing *
20% or 3,000 square feet whichever is greater, but no Greater than 7,500 square feet of
Wland native vegetative area.
The clearing of parcels in Tier I shall be limited to 7,500 square feet per parcel For
arcels greater than 30,000 s uare feet with the excqption of parcels on Big Pine Key
and No Name Key _clearing for one driveway of reasonable configuration up to 18 feet
in width is permitted to provide reasonable access to the proRefty for each parcel and
shall be exempt from the maximum clearing limit of 7,500 square feet. Clearing for a
driveway shall be recommended by a County biologist and gapproved by the Planning
Director. The proosed, driveway design shall minimize fragmentation, avoidspecimen
trees, and take the shortest reasonable route. „ In no case shall clearing, including the
driveway, exceed 20 percent of the entire site.
II 40% or 3,000 square feet, whichever is greater: but no greater than 7,500 square feet of
inland native vegetative area (Big Pine Key and No Name Key).
RN
III
III -A
Special Protection
Area
40% or 3,000 square feet s:f, whichever is greater; however, the maximum amount of
clearing shall be no more than 7,500 square feet, -e- lidless of the afneun* of upland
native vegetative area.
The clearing of parcels in Tier III shall be limited to 7,500 s uare feet per parcel. For
parcels greater than 30,000 square feet, with the exception of parcels. on Big Pine Key
and No Name Key. clearing for one driveway of reasonable configuration up to 18 feet
in width is permitted to provide reasonable access to the property for each parcel and
shall be exempt from the maximum clearing limit of 7,500 square feet. Clearing for a
driveway shall be recommended by a County biologist and approved by the Planning
Director. The proosed driveway desigLi shall minimize fragmentation avoids ecimen
trees, and take the shortest reasonable route. In no case shall clearing in�g the
driveway, exceed 40 percent of the entire site.
40% or 3,000 square feet whichever is eater: however, clearing shall not exceed
7,500 square feet of upland native vegetation.
The clearin of arcels in Tier III -A shall be limited to 7,500 square feet per parcel. For
parcels greater than 30,000 square feet, with the exception of parcels on Big Pine Key
and No Name Key, clearing for one driveway of reasonable configuration up to 18 feet
in width is permitted to provide reasonable access to the property_, for each parcel and
shall be exempt from the maximum clearing limit of 7,500 square feet. Clearing for a
driveway shall be recommended by a CogM biologist and a roved by the Planning
Director. The proposed driveway design shall minimize fragmentation,_ avoid specimen
trees and take the shortest reasonable route. In no case shall clearing, including the
driveway. exceed 40 percent of the entire site.
* Palm or cactus hammock is limited to only 10%.
Policy 101.4.2
[Currently ProcessingRevisions Clearing ®sPolicy- BOCC Adopted1
Notwithstanding the clearing limits established in the Livable CommuniKgy.-s Master Plans adopted
by reference into the 2010 Comprehensive Plan by Policy 101.20.2, the permitted clearing,
established by Policy 101.4,223 22 shall control.
Policy 101A.2
Notwithstanding the density limitations set forth in Policy 101.4.21, land upon which a legally -
established residential dwelling unit exists shall be entitled to a density of one dwelling unit per
each such unit. Such legally -established dwelling unit shall not be considered as non -conforming as
to the density provisions of policy 101.4.21 and the Monroe County Code.
Policy 1011.4.2
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.
1K
FIRST DRAFT Land Develonment Code (LDC) amendments which include corresponding
Commercial Land Use District (zoning) Categories (for illustrative pur oses only).
LDC amendments will be processed in the Fall of 2012
1 i ! r , r , /
Sec. 130-xx. - Purpose of the commercial 1 district (Cl).
The pMose of the Cl district is to establish areas for commercial uses desigged and intended
primarily to serve the needs of the _immediate vicinity in which they are located. This district should
be established at locations convenient and accessible to residential areas to discourage long trips on
U.S. I.
Sec. 130-xx. — Commercial 1 district (C11°
(a) The following uses are permitted as of rig
tin the commercial 1 district:
(1) Commercial retail, low- and medium -intensity and office uses or any combination thereof of less
than 2,500 s uare feet of floor area,•
(2) Commercial recreational uses limited to:
a. _Bowling alleys:
b. Tennis and racquet ball courts;
c. Miniature golf and driving ranges;
d. Theaters;
e. Health clubs; and
£ Swimming pools;
(3) Institutional uses;
(4) _Public buildings and uses;
(5) Accesso ,rr� uses;
(6) Storage areas, provided that the area does not exceed 25_percent of the gross area of the parcel
proposed for development;
a. All outside storage areas are screened from adjacent use by a solid fence wall or hedge at
least six feet in height.
7 Collocations on existing antenna-supportingantenna-sgpporting structurespursuant to section 146-5 3
8 Attached wireless communications facilities as accessory usespursuant to section 146-5 4
(9) Rgplacement of an existing antenna -supporting structure pursuant to section 146-,55(2);
(10) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(5)-,
G 1) Satellite earth stations, as accessory uses, pursuant to section 146-5(6�•
12 Wastewater nutrient reduction clusters sterns that serve less than ten residences.
(b) The following uses are permitted as minor conditional uses in the commercial 1 district,
sub to the standards and procedures set forth in cha ter 110 article III:
(1) Commercial retail, low- and medium -intensity and office uses or anv combination thereof of
eater than 2 500 but less than 10,000 square feet of floor areaprovided that access to U.S. 1 is b
way of
a. An existing curb cut;
24
b. A signalized intersection, or
c. A curb cut that is separated from any other curb cut on the same side of U.S. I by at least
400_—feet- —
2 Commercial retail uses of higb_intensity of less than 2,500 sguare feet in floor area-, provided
that access to U.S. I is by way of:
a. An existing curb cut;
b. A-ASpalized -intersection, or
c. A curb cut that is sgparated from any other curb cut on the same side of U.S. I by at least
400 feet-,
(3) Parks and community parks-, and
(4) Light industrial uses, provided that:
a. The parcel proposed for development does not have an area of geater, than two acres,
b. The parcel proposed for developmgnLjLaqMated from any established residential use b
at least a class C bufferyard, and
c. All outside storage areas are screened from adjacent use by a solid fence, wall or hedge at
least six feet in hei&t;
(c) The following uses are Rermitted as major conditional uses in the commercial 1 district
subject to the standards lnd procedures set forth in chapter I 10.L article III:
(1) Commercial retail of low- and medium -intensity and office uses or anv combination thereof
,greater than 10,000 sguare feet in floor area, provided that access to U.S. I is by wayof
a. An existing curb cut"
b. Aiiwalized intersection, or
c. A curb cut that is sgparated from any other curb cut on the same side of U.S. I by at least
400 feet,
(2) Commercial retail uses of highinignaLty gTeater than 2,500 square feet in floor area, provided
that access to U.S. I is by way of -
a. An existing curb cut
b. A signalized intersection, or
c. A curb cut that is separated from any other curb cut on the same side of U.S. I by at least
400 feet;
(3) New antenna-SUI)Dorting structurtapursuant to section 146-5(1);
(4) Land use overlays AEPF, subject to the provisions of article IV of this chapter; and
L41110 10 121 11
See. 130-xx. - Purpose of the commercial 2 district (Q).
The purpose of the C2 district is to designate appropriate areas for higher -intensity commercial uses
intended to serve retail sales and service, professional services and resort activities needs of a
subarea. This district should be established at discrete nodes along U.S. I and designed to serve the
needs of both residents and visitors.
Sec. 130-xx. — Commercial 2 district (C2).
Oa The following uses are permitted as of right in the commercial 2 district:
(1) Commercial retail of low- and medium -intensity and office uses or any combination thereof of
less than 10,000 sguare, feet of floor area-,
25
(2) Commercial retail uses of high intensity of less than 5,000 sguare feet of floor area,•
(3) Commercial recreational uses limited to:
a. Bowling alleys;
b. Tennis and racquetball courts;
c. Miniature eolf and driving ranges-,
d. Theaters;
e. Health clubs; and
f. Swimming pools;
(4) Institutional uses-,
(5) Public buildings and uses;
(6) Light industrial uses;
(7) Accessory uses,
(8) Collocations on existing antenna-sLipportin&jt3Lctures, pursuant to section 146-5 U3-
(9) Attached wireless communications facilities,asaccessory uses, pursuant to section 146-5(4);
10 Rgplacement of an existing antenna -supporting structure pursuant to section 146-5(2)-,
(11) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(5)and
(12) Satellite earth stations, as accessory uses, pursuant to section 146-5(6).
(b) The following uses are Bermitted as or conditional uses in the commercial 2 district
subject to the standards and procedures set forth in chapter 110, article III:
(1) Commercial retail of low- and medium -intensity and office uses orancombination thereof of
greater than 10,000 but less than 45,000 square feet of floor area, provided that access to U.S. I is
by wayof
a. An existing curb cut-,
b. A signalized intersection; or
c. A curb cut that is separated from an other curb cut on the same side of U.S. I by at leas
400 feet,
(2) Commercial retail uses of high intensity of geater than 5,000 but less than 30,000 square feet of
floor area, provided that access to U.S. I is by way of.
a. An existing curb cut-,
b. A signalized intersection; or
c. A curb cut that is s%parated from any other curb cut on the same side of U.S. I by at least
400 feet;
(3) Parks and community parks.
(c) The following uses are permitted as major conditional uses in the commercial 2 district,
subj
ect to the standards and procedures set forth in chapter 110, article III:
(1) Commercial retail of low- and medium-intensit and office uses, or anv combination thereof. of
gEeater than 45,000 square feet in floor area, provided that access to U.S. I is by wa of.
y
a. An existing curb cut;
b. A signalized intersection-, or
c. A curb cut that is separated from any other curb cut on the same side of U.S. I by at least
400 feet;
(2) Commercial retail uses of high intensity of geater than 30 000 square feet in floor area, provided
that access to U.S. I is by way of:
a. An existing curb cut-,
b. A signalized intersection; or
26
. .4 1 * Is , t
400 feet;
(3) Amusement or sealife parks and drive-in theaters, provided that:
a. The parcel of land has an area of at least two acres;
b. The parcel is separated from any residential district or established residential use by at
least a class E buffer, and
I I .
existing curb
2. A simalized intersection; o
3. A curb cut that is spparated from any other curb cut on the same side of U.S. I b
at least 400 feet;
Marinas, provided that:
a. The varcel vrolposed for development has access to water of at least four feet below wea-(,
sea level at mean low tide,
b. The sale of goods and services is limited to fuel, food, bog!Lns, diving and sport fishing
products-,
c. All outside storape areas are screened from adjacent uses by a solid fence, wall or hedge at
least six feet in height,
d. Any commercial fishing activities are limited to the landing of catch, mooring and
docking of boats and storage of trpps and other fishing ggpipment, and
e. Each nonwaterside perimeter setback of the parcel proposed for development must have a
class C buffeMard within a side Yard setback of ten feet,
(5) HeliRorts or sepplane ports, provided that:
heliport is associated with a goverrimental services facility, a law enforcement
element or a medical services faciliM
b. The heliport or segplane port is a Federal Aviation Adon certified landin
faci I iZ
c. The landing and dgparture gpproaches do not pass over established residential uses or
known bird rookeries;
d. If there are established uses within 500 feet of the parcel proposed for development, the
hours of operation shall be limited to dUlight; and
e. The use is fenced or otherwise secured from any ent[y by unauthorized persons,
(6) New antenna -supporting structures, pursuant to section 146-5(l), and
(7) Land use overlays A, E, PF, subject to the provisions of article IV of this chapter.
Remainder of page Intentionally Left Blank
[DRAFT for Discussion Purposes
Future Land Use
Category and
Allocated
Uensitylet
Maximum Net
Density t'xbxli
Maximum Intensity
Corresponding Zoning
(per acre)
(per buildable acre)
(floor area ratio)
Commercial (COMM)
0
N/A
0.15-0.50
CR -Low intensity 0.35,
CR - Medium intensity 0.25,
CR - High intensity 0.15,
Commercial 1
Offices 0.40,
Zoning
0
N/A
Commercial recreational 0.15,
Institutional 0.30,
Outdoor recreational 0.15,
Public buildings and uses 0.30,
Light industry 0.30
CR- Low intensity 0.50,
CR - Medium intensity 0.40,
CR - High intensity 0.35,
Commercial 2
Offices 0.45,
Zoning
0
/A
Commercial recreation 0.25,
Institutional 0.40,
Outdoor recreational 0.25,
Public buildings and uses 0.35
Light industry 0.40
CR = commercial retail
FE
STATE OF FLORIDA
"Dedicated to making Florida a better place to call home"
CHARUE CRIST THOMAS G PELHAM
Govemor Sectelary
October 29, 2010
The Honorable Sylvia Murphy
Mayor, Monroe County
102050 Overseas Highway, Suite 234
Key Largo, Florida 33037
Re: Letter of Understanding for the Monroe County Evaluation and Appraisal Report
Dear Mayor Murphy:
The Department has reviewed your letter outlining the scope of work for the preparation
of the County's Evaluation and Appraisal Report (EAR). The Department agrees with the
summary of the issues set forth in the attached document. This letter serves as confirmation of
our understanding. However, we have the following recommendations concerning the proposed
Scope of Work.
• The County's major issues Iist includes the compatibility with military installations. In
addressing compatibility, the Department recommends that the County carefully consider
the requirements of Chapter 163, Florida Statutes, as they were amended by the 2010
Florida Legislature and evaluate the need for sound attenuation standards and other
techniques to ensure the compatibility of development proximate to military installations.
• The County has included "Continued Public Waterfront Access; Protect and Expand
Water Dependent/Water Related Uses" as a major issue. The Department recommends
the inclusion of criteria that encourages the preservation of recreational and commercial
working waterfronts.
• Economic Sustainability is listed as a major issue. The County will be examining the
goals, objectives and policies in the comprehensive plan to evaluate numerous aspects of
economic sustainability. As part of the evaluation, the Department encourages an
evaluation of the need to establish a commercial land use designation.
• Included in the major issue, "Natural Resource Protection," is an evaluation of the
effectiveness of the Tier system. The Department recommends delaying the evaluation of
the Tier system until the next evaluation of the comprehensive plan. This would provide
additional time to implement and observe changes resulting from the tier designation
challenge that will not be fully implemented prior to 2011.
2555 SHUMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399-2100
850-488-8466 (p) ♦ 850-921-0781 (f) ♦ Webslie: www.dca.state,fl.us
• COMMUNITY PLANNING &W4M2356 (p) &%-488-3309 (f) ♦ FLORIOA COMMUNITIES TRUST 850-922-2207 (p) 850.92f-1,747 (f)
♦ HOUSING AND COMMUNITY DEVELOPMENT &% 4W7%6 (p) 850.92&5623 4f)
Sylvia Murphy, Mayor
October 29, 2010
Page 2
The EAR is an opportunity to compare the content of the comprehensive plan with
current statutory requirements to ensure that the plan is up to date. The Department
recommends that the County evaluate changes made to Section 380.0552(7)0), Florida
Statutes, which requires that growth be directed to areas served by central wastewater
treatment facilities. In so doing, the County should also evaluate the need to establish a
minimum score for applications for non-residential development in order to guide
development away from environmentally sensitive areas when there is a lack of
competition for the non residential building allocation.
• The EAR will also need to address all of the remaining applicable requirements set forth
under Section 163.3191(2), Florida Statutes.
We appreciate the effort you and your staff have shown in developing the EAR scoping
issues for Monroe County. We look forward to continuing to work with you as you prepare your
EAR. If you or your staff have any questions or need additional assistance, please contact
Rebecca Jetton, Area of Critical State Concern Program Manager, at (850) 922-1766.
Sincerely,
Charles Gauthier, AICP, Director
Division of Community Planning
Enclosure
CG/rj
cc: Ms. Christine Hurley, AICP, Growth Management Director
Ms. Carolyn A. Dekle Executive Director, South Florida Regional Planning Council
MONROE COUNTY
EVALUATION AND APPRAISAL REPORT
DRAFT ISSUE COMPILATION REPORT
Pursuant to Florida Statutes, the Monroe County EAR will present an evaluation and
assessment of the Comprehensive Plan related to the following topics:
Introduction
I. Purpose of the EAR
2. County Profile
3. Overview of the Report
Chapter 1: Public Involvement Process
1. A summary of the public participation program and activities undertaken by the
County in preparing the report (163.3191(2)(j)]
Chapter 2: Community -Wide Assessment
1. Population Analysis: Trends and Projections (163.3191(2)(a)]
a. Population Growth Trends
b. Population of Municipalities and Unincorporated Area
c. Population Growth in Surrounding Counties
d. Population Projections for Monroe County
2. Land Use Inventory
a. Land Area in Existing Plan
b. Current Existing Land Use Area
c. Reasons for change: [163.3191(2)(a)]
i. City of Marathon
ii. Village of Islamorada
iii. Mainland Monroe County
d. Impact of Change in Land Area
e. Amount of Vacant and Developable Land f163.3191(2)(b)]
i. Characteristics
ii. Adjacent Uses
Draft EAR Compilation Report
August, 2010
Keith and Schnars, P.A.
iii. "Off the Market" parcels (those not available for development, e.g.,
conservation - FDEP, Land Authority)
iv. Existing Land Use Map
V. Future Land Use Map
vi. Existing to Future Land Use Comparative Analysis ['163.3191(2)(d)]
vii. Future Land Use Map Amendments (2004-2010)
f. Location Analysis
Chapter 3: Assessment of Comprehensive Plan Elements ]163.3191(2)(h)]
1. Introduction
2. Future Land Use
3. Conservation and Coastal Management
4. Traffic Circulation
S. Mass Transit
6. Ports, Aviation and Related Facilities
7. Housing
8. Potable Water
9. Solid Waste
10. Sanitary Sewer
11. Drainage
12. Natural Groundwater Aquifer Recharge
13. Recreation and Open Space
14. Intergovernmental Coordination
15. Capital Improvements
16. Cultural Resources
Chapter 4: Major Issues Analysis
1. Statement of Issue
a. Brief background of each major issue.
L What is it?
ii. Can it be quantified?
iii. Compare the Past and the Present
1) What was the situation at the time of the Plan development?
2) What is the situation today?
3) If the issue can be quantified, compare the quantities in the
adopted plan with the current quantities.
Draft EAR Compilation Report
August, 2010
Keith and Schnars, P.A.
b. An analysis of each major issue for its potential social, economic, and
environmental impacts of these issues. (163.3191(2)(e)]
i. Why is it an issue?
ii. What events have occurred to cause the issue, (e.g. active hurricane
season)?
iii. What does this mean?
iv. Does the issue represent an opportunity not previously identified?
V. Why was it unanticipated?
2. Policy Framework (163.3191(2)(g)]
a. The identification of plan objectives related to each major issue.
b. Evaluation of the extent to which the objectives have been achieved.
c. Relevant Variables: A discussion on any unforeseen and unanticipated
changes and circumstances which have resulted in problems and
opportunities with respect to major issues in each element, including
applicable legislative changes.
d. Identification of goals, objectives and policies which no longer apply.
3. Strategies to Address Issue [163.3191(2)(i)]
a. The identification of any actions or corrective measures, as appropriate:
i. Any land use map amendments anticipated to address the identified
major issues.
ii. An updated Capital Improvements Element.
iii. Any new and revised goals objectives and policies for major issues
identified within each element.
Draft EAR Compilation Report 3 Keith and Schnars, P.A.
August, 2010
Chapter 5: Special Topics
1. School Concurrency E163.3191(2)(k)J
a. An assessment of the success or failure of the coordination of the future land
use map and associated residential development with public schools and
their capacities.
i. Map Location of Schools and Community Facilities (Existing land Use
Map)
ii. Future Land Use Categories where schools are allowed
iii. Land Capacity
iv. School Capacities
V. School Busing Information
vi. Timing: Capacity vs. Enrollment
vii. Exemption
b. An assessment of the joint decision making processes engaged in by the
County and the School Board in regard to establishing appropriate
population projections and the planning and siting of public school facilities.
i. Coordinating Mechanisms between the County and the School Board
ii. Co-Location/Shared Use of Facilities
iii. Comprehensive Policy Effectiveness Review
iv. Population Projection Methodologies
2. Water Supply Planning (163.3191(2)(7))
a. An assessment of whether the County has been successful in identifying
alternative water supply projects and traditional water supply projects,
including conservation and reuse, necessary to meet the water needs
identified in 373.0361(2)(a) F.S., within the County's jurisdiction.
b. Assess the degree to which the County has implemented the water supply
work plan for building public, private, and regional water supply facilities,
including development of alternative water supplies, identified in the Potable
Water Element as necessary to serve existing and new development.
c. The assessments will explore the following:
i. How does the Plan (future, infrastructure, and conservation, ICE, and
CIE elements) ensure water to support future development, including
Miami -Dade County?
ii. What actions were taken?
iii. What degree has the Water Supply planning objectives been
achieved?
Draft EAR Compilation Report 4 Keith and Schnars, P.A.
August, 2010
iv. How should the Plan be updated?
V. Effectiveness in implementing the capital improvements called for in
the 10 year work plan.
vi. Water Management District Plan
vii. Water Supply Facilities
viii. Florida Keys Aqueduct Authority (FKAA) Water Supply Plan
ix. Capacity/Demand
X. Existing and Future Population
xi. Fire Suppression
xii. Funding
xiii. Consistency with the Lower East Coast Regional Water Supply Plan
3. Coastal High -Hazard Area (CHHA) [163.3191(2)(m)J
a. An evaluation of whether any past reduction in land use density within the
coastal high -hazard area impairs the property rights of current residents when
redevelopment occurs including, but not limited to, redevelopment following a
natural disaster
b. Identify strategies to address redevelopment and the property rights of
affected residents balanced against public safety considerations
c. The evaluation will explore the following:
i. Evaluate Redevelopment Feasibility and Property Rights in Coastal
High -Hazard Areas.
ii. Map Coastal High Hazard Area.
iii. Evaluate Impact of Redevelopment (e.g. Reduction of Existing
Density).
iv. Evaluate Feasibility of Allowing Re-establishment of All Affected
Dwelling Units.
1) Hurricane Evacuation Requirements.
2) Private Property Rights.
V. Explore Potential Strategies for Redevelopment:
1) Allow nonconformities to continue until redevelopment.
2) Allow re-establishment of nonconforming use/density after a
natural disaster.
3) Purchase of excess rights; acquired rights eliminated.
4) Purchase of repetitive loss structures (HMGP).
5) Transfer of Development Rights: Excess property rights would be
transferred to parcels outside the CHHA.
Draft EAR Compilation Report
August, 2010
Keith and Schnars, P.A.
6) Change Future Land Use Map to match the nonconformity. (Only
allowed if no increase in overall density and within hurricane
evacuation clearance times)
4. Compatibility with Military Installations
(163.3175 and 163.3177(6)(a), F.S.]
a. Evaluate the effectiveness of the County's coordination process for land uses
adjacent or closely proximate to NAS-Key West.
5. Transportation Concurrency
a. An assessment of the extent to which a concurrency exception area
designated pursuant to 163.3180(5) F.S., or a multimodal transportation
district designated pursuant to 163.3180(15) F.S., has achieved the purpose
for which it was created and otherwise complies with the provisions of
163.3180 F.S. (163.3191(2)(o)]
NOTE: Not applicable, there are no concurrency exception areas or
multimodal transportation districts within the County.
b. An assessment of the extent to which changes are needed to develop a
common methodology for measuring impacts on transportation facilities for
the purpose of implementing a concurrency management system in
coordination with the municipalities and counties, as appropriate pursuant
to 163.3180(10) F.S. (163.3191(2)(p)]
i. US1 Task Force
ii. Existing Methodology
iii. Miami -Dade County
Chapter 6: Assessment of Changes to Florida Statutes, Administrative Rules,
State and Regional Plans [163.3191(2) (f)]
Draft EAR Compilation Report 6 Keith and Schnars, P.A.
August, 2010
EAR MAJOR ISSUES
A. PUBLIC PARTICIPATION
Public participation was initiated through a website created for the update of the
County's Comprehensive Plan and the EAR process {http: ),
The site contains a brief overview of the EAR process, information about public
workshops and meetings, and links to other EAR related documents. The following
meetings and public hearings were held in order to identify the major local issues on
which the County will focus its EAR:
• February 12, 2010: A meeting with the County's Division Directors was
conducted. The purpose of the meeting was to introduce staff to the
Comprehensive Plan update process and to obtain preliminary comments
regarding potential EAR major issues.
• February 24, 2010. The Planning Commission meeting was held at the Marathon
Government Center. The purpose of the meeting was to provide a briefing
regarding the Comprehensive Plan update process and to survey the
commissioners regarding the major issues upon which the EAR should focus.
• February 24 - 26, 2010: One-on-one interviews were conducted with the Board
of County Commissioners. The purpose of these meetings was to provide a
briefing regarding the Comprehensive Plan update process and to survey the
commissioners regarding the major issues upon which the EAR should focus.
• March 10, 2010: Monroe County Division Directors and other key personnel
were surveyed on the major issues upon which the EAR should focus.
• April 9 - 11, 2010: A series of public workshops were conducted in the lower,
middle and upper keys to survey the participants regarding the major issues of
importance upon which the EAR should focus.
• April 21, 2010: A public workshop was held on Sugarloaf Key. The purpose of
the meeting was to survey the participants regarding the major issues of
importance for the EAR.
• May 13, 2010: At the Scoping Meeting, agencies, adjacent cities and
municipalities met with County staff for the purpose of ensuring that all
important EAR issues are identified; agency/municipality concerns are
Draft EAR Compilation Report 7 Keith and Schnars, P.A.
August, 2010
addressed; and to assist the County in developing strategies to address issues
that are within their jurisdiction or expertise.
• July 14, 2010: A public workshop was conducted for the purpose of confirming
the final draft list of major issues.
• September 15, 2010: At this hearing, the BOCC approved the Compilation
Report of issues upon which the EAR should focus and approved the transmittal
of a Letter of Understanding and the Compilation Report to the DCA requesting
concurrence. <Final Details to be inserted after this hearings
B. LIST OF MAJOR ISSUES
I. County -wide Visioning and Planning
Capitalize upon and protect the uniqueness (sense of place) of the various communities
within the planning areas; implement the recommendations within the existing
visioning plans.
a. Do the County's policies recognize and preserve the unique
development/redevelopment patterns and community character within each
Planning Area?
1. Building Scale and Massing
2. Architectural standards
3. Existing Land Uses (especially water dependent uses)
4. Habitat and Species Protection
5. Infrastructure
i. Wastewater
ii. Stormwater
iii. Roads/bridges
6. Encouraging redevelopment of sites that are currently developed vs. vacant
land (NROGO constraints on redevelopment)
7. Evaluate floor area ratio maximums in each of the Future Land Use
categories for compatibility.
8. Evaluate opportunities for discouraging density increases, including
requiring any Future Land Use Map amendment to transfer allocated or
maximum net density.
b. Do the County's policies reflect the recommendations of the existing community
visioning plans?
1. Stock Island Livable CommuniKeys Plan
2. Key Largo Livable CommuniKeys Plan
Draft EAR Compilation Report 8 Keith and Schnars, P.A.
August. 2010
3. Tavernier Livable CommuniKeys Plan
4. Draft Lower Keys Livable CommuniKeys Plan
S. Scenic Highway and Overseas Heritage Trail Master Plans
c. Do the Comprehensive Plan policies need to address outside jurisdictional
constraints?
1. FEMA injunction or processes that need to be amended related to the FWS
biological opinion relative to the FEMA injunction.
II. Economic Sustainability
Promote economic sustainability, in a manner consistent with environmental
stewardship, with a special focus upon existing businesses.
a. Designate economic business development locations on the Future Land Use
Map.
b. Do the County's policies enhance and promote the economic strength of the
County in a sustainable manner that protects natural resources?
c. Do the County's land use categories and maps provide sufficient land, at
appropriate intensities, within Tier 3 (adjacent to existing services) to
adequately provide for non-residential development?
1. The analysis will be based upon the results of the Economic Analysis.
d. Do the County's existing policies promote job diversification, creation, retention?
e. Do the County's policies encourage existing business redevelopment?
f. How successful is the County in promoting business opportunities to designated
areas?
g. Is the County successful in working with the various Chambers of Commerce in
attracting economic development opportunities?
h. Do the County's policies promote effective coordination with the Tourist
Development Council to attract visitors who value and appreciate the natural
resources and environmental sustainability of the Florida Keys, e.g., eco-
tourism?
i. How successful is the County in promoting business opportunities to designated
areas?
j. Is there a need for a separate Economic Development Element of the
Comprehensive Plan?
Draft EAR Compilation Report 4 Keith and Schnars, P.A.
August, 2010
III. Land Use/Mobility
Promote Attractive, Well -Planned Development Adjacent to Services, and Existing
Commercial "Hubs', with an Emphasis on Redevelopment
a. Do the County's policies relating to the ROGO system promote well -planned
development in appropriate areas?
b. Do the County's policies relating to the NROGO system promote well -planned
development in appropriate areas?
1. Does the commercial square foot per new unit of housing limit, established in
Policy 101.3, provide the appropriate framework for redevelopment or for
adequate community needs?
2. Should the County undertake a market demand analysis to determine the
future non-residential needs of the community?
c. Do the County's policies relating to the Tier system promote well -planned
development in appropriate areas?
d. Do the County's policies effectively address the issues related to Mainland
Monroe County?
e. Do the County's policies adequately address growth management issues within
the Mainland Planning Area?
f. Do the County's policies promote well planned redevelopment projects?
g. Do the County's policies adequately reflect the conclusions of the County's
Future Land Use Needs Analysis?
h. Do the County's policies and vesting determination process effectively protect
lawfully existing uses, densities and intensities?
i. Identify appropriate locations for fire stations on the Future Land Use Map.
The County Should Meet or Exceed Hurricane Evacuation Requirements as required by
9f-5 F.A.C.
a. Do the County's policies effectively balance the need for evacuation clearance
with growth?
b. Does the current hurricane evacuation model use adequate assumptions and will
the model reflect any successful policy changes implemented since the first 2001
Model?
Draft EAR Compilation Report 10 Keith and Schnars, P.A.
August, 2010
Support Historic Preservation.
a. Do the County's policies effectively promote preservation of historic sites and
structures?
b. Should the County include policies that officer incentives or promote cultural
attractions?
Assure Continued Public Waterfront Access; Protect and Expand Water
Dependent/Water Related Uses.
a. Do the County's land use policies effectively promote the preservation and
expansion of public water front access strategies (hotels, motels, restaurants,
marinas, public open/green space)?
b. Does the Comprehensive Plan include criteria and regulatory incentives that
encourage the preservation of recreational and commercial waterfronts, as
required under Chapter 163, F.S.; how effective have those criteria and
incentives been?
Increase Availability and Use of Alternative Modes Transportation.
a. Do the County's policies promote the use and development of alternative modes
of transportation, e.g., pedestrian/bicyclist trails; mass transit?
b. Has the County provided pedestrian and bicycle paths and other alternate forms
of transportation?
c. How successful is the County in coordinating its Livable CommuniKeys plans with
FDOT's work plans?
d. How successful is the County in implementing mass transit for its elderly and
less fortunate population?
e. Has the County addressed mass transit opportunities?
IV. Natural Resource Protection
Preserve and protect natural resources, including water, habitat and species.
a. Do the County's policies protect potable water supply?
b. How has the County protected Threatened, Endangered and Special Status
Species and their habitats?
c. How has the County protected wetland areas, benthic resources and
environmentally sensitive lands?
Draft EAR Compilation Report 11 Keith and Schnars, P.A.
August, 2010
d. Evaluate the effectiveness of the following initiatives:
1. Tier System
2. Land Acquisition
3. Habitat Conservation Plan for Big Pine and No -Name Keys (Incidental Take
Permit)
e. How has the Comprehensive Plan addressed water quality and what protection
measures are in place?
f. Has the County addressed the Nutrient Reduction Criteria?
g. How has the County conserved water resources; are enforcement efforts
effective?
h. is the County's solid waste collection and disposal system adequate?
i. Are the County's policies and practices adequate to protect native species and
habitat from invasive animals (feral cats/raccoons/snakes/goats)?
Complete Wastewater and Drainage Upgrades.
a. How successful is the County in providing sewer and drainage improvements
through the Key Largo Wastewater Treatment District and FKAA?
b. Do the comprehensive plan policies incorporate the most recent State and
Federal regulatory requirements relative to waste water and stormwater
treatment standards?
c. How do the County's fiscal constraints impact the implementation of the Waste
Water Master Plan?
d. Should funding alternatives for Stormwater Management Master Plan
implementation be explored?
V. Climate Change/Hazard Mitigation
Monroe County should support and promote "green" initiatives; address climate
change; and develop and implement hazard mitigation/adaptation best practices
a. Do the County's polices promote energy conservation and provide strategies
geared to reduction of green house gas emissions?
Drag EAR Compilation Report 12 Keith and Schnars, P.A.
August, 2010
b. Do the policies of the County include appropriate mitigation/adaptation
strategies?
1. Local Mitigation Strategy
2. Post-NF1P Below Flood Enclosures
3. Repetitive Loss Structures
4. Vulnerable Infrastructure
i. Water
ii. Wastewater
iii. Transportation
iv. Culverts
i. Evaluate the Impact of Sea Level Rise:
i. Government Buildings
ii. Roadways
iii. Land Use Strategies
iv. Saltwater Intrusion
1) People
2) Environment
3) Land values
4) NEPA Adaptation/Mitigation Requirements
Is there a need for a separate Energy and/or Climate Change Element?
Vl. Financial Feasibility
Assure adequate capital funding to complete necessary improvements or purchase
lands for conservation or affordable housing purposes.
a. Does the County have adequate Capital Project Funding Capacity?
1. Wastewater
2. Land Acquisition
i. Conservation
ii. Affordable Housing
iii. Stormwater
iv. Roads/Transportation Facilities/Bridges
V. Parks and Recreation
vi. Solid Waste
b. Has the County investigated creative funding sources to assist in paying for its
capacity related public facilities and services, which may include adopting new
revenue sources, increasing impact fees, and promoting business throughout the
County?
Draft EAR Compilation Report 13 Keith and Schnars, P.A.
August, 2010
c. Have developer funded improvements been successful in helping the County
meet financial feasibility?
d. Do the County's policies reflect an adequate land acquisition policy related to
habitat preservation and a prioritization of land acquisition based on risk to the
County related to takings cases?
e. Are there other methods the County could use to create additional funding for
land acquisition?
f. Will the County's CIE be able to meet statutory requirements related to the
financial feasibility by December, 2011?
g. Evaluate the adequacy of the County's existing Impact Fee Program.
V1I. Affordable Housing
Promote the development of affordable, attainable and senior living housing that is
well -planned, attractive and energy efficient,
a. Do the County's policies effectively promote affordable, workforce and senior -
living housing?
b. Do the County's policies promote energy efficient building design?
c. How do the County's policies impact the implementation and cost of housing?
d. Should affordable housing policy incentives be focused more on rental or
homeownership?
e. Has the County identified or planned redevelopment areas that are suitable for
affordable/workforce housing?
VII. Public Involvement/Information
Promote robust public involvement and information sharing regarding land use issues
throughout the planning and development process.
a. Do the County's policies effectively promote public involvement within the
planning process?
b. What strategies are used by the County to inform the public of upcoming
planning issues?
c. Do the County's public outreach strategies reach out to a broad -range of citizens
and property owners?
Draft EAR Compilation Report 14 Keith and Schnars, P.A.
August, 2010
ViIl. Intergovernmental Coordination
Provide effective and efficient intergovernmental, interdepartmental and interagency
coordination.
a. Do the County's land use policies, community plans, practices, and capital
improvement project schedule effectively coordinate with the plans and
activities of other municipalities and agencies, e.g. hurricane evacuation staging,
and planning, FDOT roadway widening?
b. Do the County's policies encourage effective and efficient interdepartmental data
sharing and review?
c. Evaluate the issues relating to the FKAA providing adequate water pressure for
fire service?
d. Identify the appropriate portions of the FKCCS Study and Model to be used by
the County for development review analysis,.
e. Evaluate the County's coordination activities with the South Florida Regional
Planning Council for the use of the Carrying Capacity/Impact Assessment Model
and Routine Planning Tool.
Draft EAR Compilation Report
August, 2010
is
Keith and Schnars, P.A.
Exhibit 4
1 ! 1 1; I r
1 I I VVI 1
WHEREAS, at a regularly scheduled meeting held on the 26th day of September, 201
the Monroe County Planning Commission held a public hearing for the purpose of ruonnsid
the transmittal to the State Land Planning Agency, for review and comment, a propo
amendment to the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS,•n♦- County Planning Commission makes the following findings of
flict and conclusions of law:
1. 'Me BOCC has twLsmitted an amendment to the MC 2010 Comprehensive Plan, creating
Policy 101.4.20 discouraging private applications:n+ use changesr
increase allowable density/intensity, implementing the Work Program Task from Rule
1 h. ♦ ai from the Administration Commission within
its 30-
Day
E. Florida Statutes and the Monroe County 2010 Comprehensive Plan require the
-wai-menance of a hurricane evacuation 24 hour clearance time.
3. The Monroe County 2010 Comprehensive Plan does not currently include an exclusive
commercial fiture land use category.
0
4. Jim adopted Evaluation and Appriusal Report recommends the creation of a commercial
future land use category.
5. when the Monroe county 2010 Comprehensive Plan and Future Land Use Maps were
adopted and determined to be in compliance with Florida Stmtes in 1997 as well as with
the adoption of the official zoning maps in 1992, multiple properties with exisfing
oommercial/oIII ce uses becanie nonconforming due to the adopted maps.
f. The Livable CommuniKeys Plans include action item directing the County to revise the
FLUM and Land Use District Maps to resolve nonconformities.
7. Ile proposed amendment is internally consistent with the Monroe County
Comprehensive Plan.
2. The proposed amendment is consistent with the Principles for Guiding Development for
the Florida Keys Area of Critical Al Section 390.0552(7), Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA:
[Amendments are presented in 9W2wJma& to indicate deletions and underline to indicate
additions to texL All other words, characters, and language of this subsection remain un-
amended.]
S@Wojm 1 following amendment to the Monroe County 2010 Comprehensive Plan is
recommended for transmittal to the State Land Planning Agency and adoption by the Board
of County Commissioners as follows:
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PASSED AND RECONMIENDED FOR ADOPTION by the Monroe County Planning
Commission at a regular meeting held on the 26th day of September, 2012.
Denise Werling, Chair Y
Randolph D. Wall, Vice Chair `r
reb Hale, Commissioner
Elizabeth Lustburg, Commissioner _ N
William Wiatt, Commissioner Y
iIN' r
Denise Werling, Chair
Signed this day of mW12
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the Monroe County 2010 Comprehensive Plan does not currently include
an exclusive commercial future land use category; and
Florida Statutes and the County's 2010 Comprehensive Plan require the
maintenance of a hurricane evacuation 24 hour clearance time; and
the adopted Evaluation and Appraisal Report recommends the creation of a
commercial future land use category; and
WHEREAS, when the Monroe County 2010 Comprehensive Plan and Future Land Use
Maps were adopted and determined to be in compliance with Florida Statutes in 1997 as well as
with the adoption of the official zoning maps in 1992, multiple properties with existing
commercial/office uses became nonconforming due to the adopted maps; and
the Livable Communieys Plans include action items directing the County
to revise the FLUM and Land Use District Maps to resolve nonconformities; and
WHEREAS, the BOCC has adopted an amendment to the Monroe County 2010
Comprehensive Plan, creating Policy 101.4.20 discouraging private applications for future land
use changes which increase allowable density/intensity, implementing the Work Program Task
from Rule 28-20.140, F.A.C., and the direction from the Administration Commission within its
30-Day Report; and
V*MREAS, the Monroe County Development Review Committee considered the
proposed amendment at a regularly scheduled meeting held on the 28th day of August, 2012; and
VaMREAS, at a regularly scheduled meeting held on the 26th day of September, 2012,
the Monroe County Planning Commission held a public hearing for the purpose of considering
the transmittal to the State Land Planning Agency a proposed amendment to the Monroe County
Year 2010 Comprehensive Plan and recommended approval of the amendment.
Section 1. The Monroe County 2010 Comprehensive Plan is amended as follows: (Deletions are
and additions are underlined.)
P_ollcy 101A.21
The principal purpose of the Commercial -(COMM) future land use category is to provide for
the establishment of commercial zoning districts where various types_of commercial retail
highway -oriented sales and services; commercial recreation; light industrial; public,
institutional and office uses may be permitted at intensities which are consistent with the
x commercial zoning districts
community character_ and the natural environment. The c -,
established within this category are intended to serve the immediate vicinity or serve the
Upper or Lower subarea. This category is not intended to accommodate transient or
permanent residential development.
In order to protect environmentally sensitive lands, the followingdevelopment evelopment controls shall
apply to all Tier I lands within this land use categ_oI
1. only low intensity commercial uses shall be allowed; and
2. a maximum floor area ratio of 0.15 shall anUly.
Policy 101.22 34
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 10 1.4.1 - 101.4.17:
Future Land Use Densities and Intensities
Futum LwA Use Category
Allocated Density
M6xhnwn Net Density
Maxbnmn Intensity
And C2MN22ft ZMft
( r acre)
(per buiblable acre)
(floor area ratio)
Agriculture (A)
0 du
NIA
0.20 OZ
(no directly corresponding zoning)
0 Loomsls es
NIA
Airport (AD)
0 du
NIA
0.10
(AD zonin )
1 0 roomsls es
NIA
Connnercial W1 I
0 du
N/A
0.15-0.50
(Commercial I (C 1) zoning&
0 rooms/sl2aces.
N/A
Commercial 2 (CZ zonin
s -
ffi
WO R
I
Education (E)
(no directly corresponding zoning)
Institutional (INS)
0 du
(no directly corresponding zoning)
3-15 -ooms/spaces
Mainland Native
(NIN zoning)
1-6 du
5-15 rooms/spaces
Mixed UseJCommercial Fishing (MCF)W
(CK CFVc), CFSD zoning)
t•3 if 07,
Public Facilities (PF)
(no diiwdy cortesponding zoning)
Public Buildings/Grounds (PB)
(no directly conrAvnding zoning)
Residential Conservation (RC)
ff #YIYPIST#
(OS and NA zorung)
W.MT771MI .0
0-25-0.50 du
NNNNMINUFT11 1. Re 11
0
Residential Medium (RM)
approx. 0.5-8 du
(IS zoning)
(I duflot.)
0-rooms/spaces
Residential Ifigh (RM
approx. 3-16 du
12 du
(IS-DO� URW and UW) zoning)
(1 -2 duflot)
20 rooms/spaces
Nom
.... . . ...... ..... . ...... .
(a) "N/X'nxzis that maxinum W density bonuses shall M be available.
(b) 11w allocated densities for submerged larxis. salt ponds,
fteshwaW ponds, mid mangroves shall be 0 and the maxirrium. net densities bonuses shall nDt be
available.
(c) Re allocated density for CFV zoning shall be I dwelling unit per lot and the nuximurn
net density bonuses shall not be available.
(d) Maximum net density bonuses shall not be available to the SS district.
(e) The allocated density for IS-D and URM zoning shall be 2 and I dwelling units per Im respectively and the maximum net
density bonuses shall not be available.
(0 17he anximum net density for the UR distria shall be 25 for units where all units are designated as affordable housing.
(g) For properties consisting of hammWa pinelands or disturbed wetlands within die Mixed
Use/ Comrr...... ial and Mixed Use/ Gornmercial FW-dng I" use
categories, the floor area ratio shall be 0 10 and the maximum
net residential density bonuses not apply.
N Uses under the categories of Agriculture, Education. Institutional, Publ ic Facil ities. and Publ ic Buildings and Uses. which have no directly corresponding zoning,
may be incorpwied into new orexisting zoning d=cts as appropriate.
(i) The Maximum Net Density is thernaximum dqt�ityAlowable with the use of'IDRs.
Policy 101.4.23 23
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 44 percent of the existing upland native vegetation. Except as defined in Policy 101.12A, clearing
of upland native vegetative areas in the Tiers I, 11, and ffi shall be limited for the portion of the property
containing upland native vegetation in the following percentages:
Tier Permitted Clearing
1 20%
II 40% (Big Pine Key and No Name Key)
III 40% or 3,000 s.f., whichever is greater, however, the maximum amount of clearing
shall be no more than 7,500 square feet, regardless of the amount of upland native
vegetative area.
* Palm or cactus hammock is limited to only 10%.
Policy 101.4.25 33
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-confon ring as to the density provisions of
policy 101.4.21 and the Monroe County Code.
Policy 101A26-34
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 apputtenanaes to
buildings, transmission towers and other similar structures.
Section 2. Severability. 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 3. Repeal of Inconsistentw Provisions. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
Statutes.
Section 5. Filing and Effective Date. 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 State Land Planning Agency or Administration Commission finding
the amendment in compliance with Chapter 163, Florida Statutes and after any
applicable appeal periods have expired.
Section 6. Inclusion in the Comprehensive Plan; 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 day of , 2012.
Mayor David Rice
Mayor pro tem Kim Wigington
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Heather Carruthers
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
L: •
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
L7_�a-twdlel-PARR
Mayor David Rice
MON CDt1 '! ATTORNEY
AP R i'VEO 4�10 FORM
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