Item R1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 12, 2012 Division: Growth Management
Bulk Item: Yes No X Department: Planning & Environmental Resources
Staff Contact Person /Phone: Christine Hurley 289 -2517
AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County Board of
County Commissioners amending the Tier Overlay District (zoning) Map designation for property owned by
Seacamp, having Real Estate Numbers 00112030- 000000, 00246950- 000000, 00246960- 000000, 00246970-
000000, 00246980- 000000, 00246990- 000000, 00247140- 000000, 00247150- 000000, 00247160- 000000,
00247170- 000000, and 00247180- 000000 from undesignated and Tier I to Tier III (2 of 2 public hearings).
ITEM BACKGROUND: Seacamp, a not - for - profit organization that provides marine education to children,
contacted Monroe County to notify County staff of a tier designation error for a portion of the Seacamp property
and requested a correction of the error. Seacamp's property is located on approximately 14 acres of bay bottom
and upland located at the extreme southwest tip of the island, at the end of Big Pine Avenue. The Seacamp
property consists of 13 parcels. One parcel is submerged land. One parcel is currently designated Tier III.
The remaining 11 parcels are undesignated or have Tier I designations.
During the December 17, 2003 BOCC meeting, the BOCC passed Resolution 562 -2003, approving Draft 4 of
the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key and directing staff to change
the tier designation for all the property known as Seacamp from Tier I to Tier III on the Map on Page 28.
The BOCC passed Ordinance 029 -2004 on August 14, 2004, to adopt the LCP for Big Pine Key and No Name
Key as a proposed amendment to the 2010 Monroe County Comprehensive Plan which included the map as
drawn incorrectly for Seacamp, without the corrected designation for eleven (11) parcels as Tier III. The current
2012 amendment to the Big Pine Key and No Name Key LCP fixes the scrivener's error. This proposed Tier
Map amendment for the Secamp property is consistent with the 2012 Big Pine Key and No Name Key LCP
amendment.
PREVIOUS RELEVANT BOCC ACTION: Draft 4 of the Livable CommuniKeys Master Plan (LCP)
for Big Pine Key and No Name Key was reviewed at the December 17, 2003, Board of County
Commissioners meeting. During the 2003 LCP adoption hearing, the BOCC directed County staff, by
order of Resolution No 562 -2003, to "change the Tier designation of the property known as Seacamp
from Tier I to Tier III on the map on page 2 8 ."
The BOCC passed Ordinance 029 -2004 on August 14, 2004, adopting the Livable CommuniKeys Master Plan
(LCP) for Big Pine Key and No Name Key as an amendment to the 2010 Comprehensive Plan.
The BOCC passed Resolution 023 -2012 on February 13, 2012, transmitting to the State Land Planning Agency
the proposed amendment to the Livable CommuniKeys Program Master Plan For Future Development of Big
Pine Key and No Name Key to amend the Seacamp Tier designation from Tier I to Tier III.
The BOCC held the 1 st public hearing on this item on October 17, 2012
CONTRACT /AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
COST TO COUNTY:
REVENUE PRODUCING: Yes
APPROVED BY: County Atty
DOCUMENTATION: Included
SOURCE OF FUNDS:
_ No AMOUNT PER MONTH Year
x OMB /Purchasing Risk Management
x Not Required
DISPOSITION: AGENDA ITEM #
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To:
Through:
From:
Date:
Monroe County Board of County Commissioners
Christine Hurley, Growth Management Director
Mitchell N Harvey, AICP, Comprehensive Planning Manager
August 22, 2012
Subject: Request for an Amendment to the Tier Map from undesignated and Tier I to Tier
III, Seacamp, Big Pine Key, having real estate numbers 0011203 0- 000000,
00246950- 000000, 00246960- 000000, 00246970- 000000, 00246980- 000000,
00246990- 000000, 00247140 - 000000, 00247150- 000000, 00247160 - 000000,
00247170 - 000000, and 00247180 - 000000
22 Meeting: October 17, 2012
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I REQUEST
A request for approval to ament the tier designation for Parcel Numbers 0011203 0- 000000,
00246950- 000000, 00246960- 000000, 00246970- 000000, 00246980- 000000, 00246990-
000000, 00247140- 000000, 00247150- 000000, 00247160- 000000, 00247170- 000000, and
00247180 - 000000 from undesignated and Tier I to Tier III.
Subject Parcels (Outlined In Blue)
File # 2012 -041
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Location: Big Pine Key
Address: Seacamp Association, Inc., 1300 Big Pine Avenue, Big Pine Key, FL 33043
Legal Description: Big Pine Key Part of Bay Bottom Adjacent To Blocks E and F; Block E,
Lots, 16, 17, 18, 19, 20; Block F, Lots 8, 9, 10, 11, 12; Piney Point Subdivision (PB8 -88) within
Section 34, Township 66, Range 29.
Real Estate Numbers: 00112030- 000000, 00246950- 000000, 00246960- 000000, 00246970-
000000, 00246980- 000000, 00246990- 000000, 00247140 - 000000, 00247150- 000000,
00247160 - 000000, 00247170 - 000000, and 00247180 - 000000
Applicant: Monroe County Planning and Environmental Resources Department
RELEVANT PRIOR COUNTY ACTIONS
II
On December 17, 2003, the Board of County Commissioners passed Resolution 562 -2003
which approved Draft 4 of the Livable CommuniKeys Master Plan for Big Pine Key and
No Name Key and directed staff to change the Tier designation of the property known as
Seacamp from Tier I to Tier III on the map on Page 28.
The Board of County Commission passed Resolution 044 -2004 on January 21, 2004 to
transmit the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name
Key as a proposed amendment to the 2010 Monroe County Comprehensive Plan to the
Department of Community Affairs.
The Department of Community Affairs issued an Objections, Recommendations and
Comments (ORC) Report to Monroe County on June 29, 2004.
The Board of County Commission passed Ordinance 029 -2004 on August 14, 2004 to
adopt the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key
as an amendment to the 2010 Comprehensive Plan, address issues raised in the Objections,
Recommendations and Comments (ORD) Report and to submit the amendment to the
Department of Community Affairs.
The Planning Commission passed Resolution P39-11 on December 1, 2011 (Exhibit 2), to
recommend approval to the Board of County Commissioners to transmit to the State Land
Planning Agency for review and comment, an amendment to the 2010 Comprehensive
Plan, to amend the Livable CommuniKeys Program Master Plan for Future Development
of Big Pine Key and No Name Key , to amend the Tier designation on Figure 2.1 (Tier
Map for Big Pine Key and No Name Key), and Table 2.7, Institutional Uses for the
Seacamp property from Tier I to Tier III, as directed by the Board of County
Commissioners in Resolution 562 -2003.
The Board of County Commissioners passed Resolution 023 -2012 on February 13, 2012
(Exhibit 3), transmitting to the State Land Planning Agency for review and comment, an
amendment to the 2010 Comprehensive Plan, to amend the Livable CommuniKeys
Program Master Plan for Future Development of Big Pine Key and No Name Key , to
amend the Tier designation on Figure 2.1 (Tier Map for Big Pine Key and No Name Key),
and Table 2.7, Institutional Uses, for the Seacamp property from Tier I to Tier III, as
directed by the Board of County Commissioners in Resolution 562 -2003.
File # 2012 -041
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The proposed Comprehensive Plan amendment to revise Figure 2.1 and Table 2.7 was
reviewed by the State Land Planning Agency which issued an Objections,
Recommendations, and Comments (ORC) Report on May 4, 2012 with no comments or
issues relative to this amendment. The Comprehensive Plan amendment is scheduled for
review and adoption by the Board of County Commissioners on September 19, 2012.
III BACKGROUND INFORMATION
A. Size of Site: 14.98 acres
B. Land Use District: MU
C. FLUM Designation: INS
D. Tier Designation: undesignated, I
E. Flood Zone: AE (EL 9); VE (EL 10)
F. Existing Use: Institutional
G. Existing Vegetation /Habitat: Developed land, Undeveloped Land, Buttonwood, Mangrove,
Salt Marsh
H. Community Character of Immediate Vicinity: Adjacent land use consists of IS -M district
uses and vacant land
Additional Information
Seacamp, a not - for - profit organization that provides marine education to children, contacted
Monroe County to notify County staff of a Tier designation error for the Seacamp property and
requested a correction to the error. Seacamp's property is located on approximately 14.98
acres of submerged land and uplands located at the extreme southwest tip of the island, at the
end of Big Pine Avenue.
The Seacamp property consists of 13 real estate numbers: 00112030 - 000000, 00112040-
000000, 00246950- 000000, 00246960- 000000, 00246970- 000000, 00246980- 000000,
00246990- 000000, 00247140- 000000, 00247150- 000000, 00247160- 000000, 00247170-
000000, 00247180 - 000000, and 00247000 - 000000.
Real estate number 00247000 - 000000 is currently designated Tier III. Real estate number
00112040- 000000 is submerged land. These two parcels are not included with this amendment.
The eleven (11) affected parcels to be amended from undesignated and Tier I to Tier III are
illustrated below and on Exhibit 4:
File # 2012 -041
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Sea camp sso iatio Inc.
Big Pine Kerr, FL
The Seacamp property, except for the parcel with real estate number 00247000 - 000000, is
presently undesignated or designated Tier I within the Livable CommuniKeys Program (LCP)
Master Plan for Future Development of Big Pine Key and No Name Key. A proposed
Comprehensive Plan amendment to revise Figure 2.1 and Table 2.7 of the LCP was reviewed
by the State Land Planning Agency which issued an Objections, Recommendations, and
Comments (ORC) Report on May 4, 2012 with no comments or issues relative to this
amendment. The Comprehensive Plan amendment is scheduled for review and adoption by the
Board of County Commissioners on September 19, 2012. The proposed Tier Map amendment
is consistent with the concurrent LCP amendment.
IV REVIEW OF APPLICATION
On Big Pine Key, growth management and development are guided by multiple layers of
regulations including the Year 2010 Comprehensive Plan, the Livable CommuniKeys Program
Master Plan for Future Development of Big Pine Key and No Name Key, Habitat Conservation
Plan, Incidental Take Permit and the Monroe County Land Development Code which includes
the Tier Overlay District (MCC §130- 130(d)).
A. Consistency of the proposed amendment with the provisions and intent of the Monroe
County Year 2010 Comprehensive Plan
Staff has determined that the proposed map amendment is consistent with the provisions and
intent of the Monroe County Year 2010 Comprehensive Plan, including Policies 102.7.3,
103.2.1, 105.2.1 and 205.1.1, as follows:
File # 2012 -041
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Policy 102.7.3
Monroe County shall discourage developments proposed on offshore islands by
methods including, but not limited to, designated offshore islands as Tier I
Policy 103.2.1
Monroe County shall implement methods including, but not limited to, designating
known habitats of the Schaus Swallowtail Butterfly as Tier I.
Policy 105.2.1
Monroe County shall designate all lands outside of mainland Monroe County,
except for the Ocean Reef planned development, into three general categories for
purposes of its Land Acquisition Program and smart growth initiatives in
accordance with the criteria in Policy 205.1.1. These three categories are: Natural
Area (Tier 1); Transition and Sprawl Reduction Area (Tier II) on Big Pine Key and
No Name Key only; and Infill Area (Tier III). The purposes, general characteristics,
and growth management approaches associated with each tier are as follows:
1. Natural Area (Tier I): Any defined geographic area where all or a significant
portion of the land area is characterized as environmentally sensitive by the
policies of this Plan and applicable habitat conservation plan, is to be
designated as a Natural Area. New development on vacant land is to be
severely restricted and privately owned vacant lands are to be acquired or
development rights retired for resource conservation and passive recreation
purposes. However, this does not preclude provisions of infrastructure for
existing development. Within the Natural Area designation are typically
found lands within the acquisition boundaries of federal and state resource
conservation and park areas, including isolated platted subdivisions; and
privately -owned vacant lands with sensitive environmental features outside
these acquisition areas.
2. Transition and Sprawl Reduction Area (Tier II): Any defined geographic
area on Big Pine Key and No Name Key, where scattered groups and
fragments of environmentally sensitive lands, as defined by this Plan, may
be found and where existing platted subdivisions are not predominately
developed, not served by complete infrastructure facilities, or not within
close proximity to established commercial areas, is to be designated as a
Transition and Sprawl Reduction Area. New development is to be
discouraged and privately owned vacant lands acquired or development
rights retired to reduce sprawl, ensure that the Keys carrying capacity is not
exceeded, and prevent further encroachment on sensitive natural resources.
Within a Transition and Sprawl Reduction Area are typically found:
scattered small non - residential development and platted subdivisions with
less than 50 percent of the lots developed; incomplete infrastructure in terms
of paved roads, potable water, or electricity; and scattered clusters of
environmentally sensitive lands, some of which are within or in close
proximity to existing platted subdivisions.
File # 2012 -041
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3. Infill Area (Tier III) : Any defined geographic area, where a significant
portion of land area is not characterized as environmentally sensitive as
defined by this Plan, except for dispersed and isolated fragments of
environmentally sensitive lands of less than four acres in area, where
existing platted subdivisions are substantially developed, served by
complete infrastructure facilities, and within close proximity to established
commercial areas, or where a concentration of non - residential uses exists, is
to be designated as an Infill Area. New development and redevelopment are
to be highly encouraged, except within tropical hardwood hammock or
pineland patches of an acre or more in area, where development is to be
discouraged. Within an Infill Area are typically found: platted subdivisions
with 50 percent or more developed lots situated in areas with few sensitive
environmental features; full range of available public infrastructure in terms
of paved roads, potable water, and electricity; and concentrations of
commercial and other non - residential uses within close proximity. In some
Infill Areas, a mix of non - residential and high- density residential uses
(generally 8 units or more per acre) may also be found that form a
Community Center.
Policy 205.1.1
The County shall establish the following criteria at a minimum to use when
designating Tiers:
1. Land located outside of Big Pine Key and No Name Key shall be designated as
Tier I based on following criteria:
• Natural areas including old and new growth upland native vegetated areas,
above 4 acres in area.
• Vacant land which can be restored to connect upland native habitat patches
and reduce further fragmentation of upland native habitat.
• Lands required to provide an undeveloped buffer, up to 500 feet in depth, if
indicated by appropriate special species studies, between natural areas and
development to reduce secondary impacts; canals or roadways, depending
on size may form a boundary that removes the need for the buffer or reduces
its depth.
• Lands designated for acquisition by public agencies for conservation and
natural resource protection.
• Known locations of threatened and endangered species.
• Lands designated as Conservation and Residential Conservation on the
Future Land Use Map or within a buffer /restoration area as appropriate.
• Areas with minimal existing development and infrastructure.
2. Lands on Big Pine Key and No Name Key designated as Tier I, II, or III shall be
in accordance with the wildlife habitat quality criteria as defined in the Habitat
Conservation Plan for those islands.
3. Lands located outside of Big Pine Key and No Name Key that are not
designated Tier I shall be designated Tier III.
File # 2012 -041
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4. Designated Tier III lands located outside of Big Pine Key and No Name Key
with tropical hardwood hammock or pinelands of one acre or greater in area
shall be designated as Special Protection Areas.
5. Lands within the Ocean Reef planned development shall be excluded from any
Tier designation.
B. Consistency of the proposed amendment with the provisions and intent of relevant adopted
plans
The Livable CommuniKeys Program Master Plan for Future Development of Big Pine Key
And No Name Key
On December 17, 2003, the Monroe County Board of County Commissioners passed
Resolution NO. 562 -2003, approving the Livable CommuniKeys Master Plan (LCP) for
Big Pine Key and No Name Key as the policy document to direct growth and development
of Big Pine Key and No Name Key. Resolution 562 -2003 (Exhibit 1) included direction to
County staff to "change the Tier designation of the property known as Seacamp from Tier I
to Tier III on the map on Pa e 28."
The Tier System plays a major role in the implementation of the Big Pine Key & No Name
Key Livable CommuniKeys (LCP) Master Plan and the Habitat Conservation Plan (HCP).
The LCP Master Plan classifies all land on Big Pine and No Name Keys into three `tiers'
based on conservation and infill priorities. Most of the islands are classified as Tier 1
because of their environmental sensitivity and importance for the continued viability of the
endangered species. Tier 2 lands are canal lots located a distance a distance from U.S. 1
with a potential for secondary impacts on the endangered species from traffic. Tier 3 lands
are canal lots in close proximity to U.S. 1, which provide little habitat value to the
endangered species and because of location, a decreased potential for deer kills from
vehicles. Some undeveloped lots in Tier 3 are also located between existing developed
commercial lots in the U.S. 1 Corridor.
The Tier Map for Big Pine Key and No Name Key has been developed based on relative
wildlife habitat quality as defined in the HCP. For the Big Pine Key and No Name Key
planning area the Tier Maps are based upon habitat sensitivity identified in the HCP,
primarily as represented on the weighted Harvest Grid Map.
As noted in Strategy 1.1 of the LCP, the Tier System on Big Pine Key and No Name Key is
based upon relative H of parcels or environmental sensitivity of parcels as noted in the
LCP.
Strategy 1.1
Create a Tier Map for the planning area depicting the locations of Tier I, Tier II and
Tier III lands as described in Comprehensive Plan Policy 105.2.1. Base the Tier
Map on the habitat needs of federally endangered resident species in the planning
area as set forth in the anticipated ITP and HCP in terms of relative H of parcels
within the planning area.
File # 2012 -041
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I The Big Pine Key and No Name Key LCP Tier Map is currently being amended to show
2 the parcels in question as Tier III. The proposed Tier Map amendment is consistent with
3 the concurrent amendment to the Big Pine Key and No Name Key LCP.
4
5 The Habitat Conservation Plan (HCP)
6 The Habitat Conservation Plan (HCP) for the Florida Key Deer was prepared by Monroe
7 County for the U.S. Fish and Wildlife Service on April 2003 and was revised on April
8 2006.
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10 "The Habitat Conservation Plan (HCP) focuses on the Key deer as an "umbrella species"
11 and operates under the assumption that avoiding and minimizing impacts to Key deer
12 habitat, will also provide direct protection to both populations and habitats of other
13 terrestrial species. In the development of the HCP, the ecology and population dynamics of
14 the Key deer was studied for three years and a Population Viability Analysis (PVA) model,
15 including a spatial component, was produced to evaluate the impacts of development
16 scenarios on the Key deer population. Based on the Key deer studies done for the HCP and
17 the resulting spatial model, lands in the study area were classified into three "Tiers." Tier 1
18 lands are higher quality Key deer habitat. Tier 3 lands are the lowest quality Key deer
19 habitat. Most of the parcels in Tiers 2 and 3 are interspersed among developed parcels and
20 among canals. These areas provide little habitat value to the covered species." (Pg. 2
21 Habitat Conservation Plan)
22
23 Figure 2.1 (Exhibit 5) of the HCP provides Key deer locations from telemetry data. As
24 noted in the HCP, "the Key deer are wide ranging and utilize virtually all available habitat
25 in the project area, including developed areas (Figure 2.1, Lopez 2001)." Figure 2.1 does
26 not indicate the utilization or distribution of Key deer, during the 3 year study period,
27 within or adjacent to the Seacamp property. (Pg. 20 Habitat Conservation Plan)
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29 Figure 2.2 (Exhibit 6) of the HCP provides the Lower Keys marsh rabbit habitat, as
30 identified by the U.S. Fish and Wildlife Service. This figure displays the Lower Keys
31 marsh rabbit habitat on Big Pine Key and No Name Key (Faulhaber 2003) based on the
32 most recent data on its distribution within the covered area (Figure 2.2). Figure 2.2 does
33 not indicate Lower Keys marsh rabbit habitat within or adjacent to the Seacamp
34 property. (Pg. 23 Habitat Conservation Plan)
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36 Lastly, Figure 2.4 (Exhibit 7) depicts the 6 grid layers used to generate the weighting factor
37 for the final carrying capacity grid. The deer corridor and deer density parameters
38 both reflect low utilization of the Seacamp area by Key deer.
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40 Monroe County Environmental Resources staff conducted a site visit of the Seacamp
41 Property on August 5, 2011, to evaluate the accuracy of the County's GIS habitat layer and
42 assess the vegetative communities on the Seacamp parcels. County staff concluded that the
43 2009 habitat layer accurately depicts the majority of the site. The beach berm located south
44 of the impounded water on the west end of the point could be labeled as developed land.
45 The spit along the west side of the south boat basin is vacant land that provides access to
46 boat docks. The mangrove area that extends into the developed area of the camp is actually
47 a canal with a mangrove canopy and should be labeled as water. Staff is amending the
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habitat layer to reflect this change from mangrove to water. The habitat layer is depicted
within Exhibit 4.
C. Consistency of the proposed amendment with the provisions and intent of the Monroe
County Code, Land Development Code:
Staff has determined that the proposed map amendment is consistent with the provision and
intent of Section 13 0 -13 0 of the Monroe County Land Development Code.
The Monroe County Board of County Commissioners (BOCC) adopted Ordinances Nos.
008 -2006, 009 -2006, 010 -0006, 011 -2006 and 013 -2006 (Tier Ordinances) which set forth
criteria in the Land Development Regulations implementing a "Tier System" and adopting
Tier Overlay District Maps in order to protect the natural habitat and guide development
toward less environmentally sensitive areas.
The criteria for the tier overlay district map designations Tier I, Tier III -A and Tier III are
detailed in § 13 0 -13 0 of the Monroe County Code, as amended by Final Order.
LDR Sec. 130 -130. - Tier overlay district.
(a) Purpose.
The purpose of the tier overlay district is to designate geographical areas outside of the
mainland of the county, excluding the Ocean Reef planned development, into tiers to
assign ROGO and NROGO points, determine the amount of clearing of upland native
vegetation that may be permitted, and prioritize lands for public acquisition. The tier
boundaries are to be depicted on the tier overlay district map. Lands on Big Pine Key and
No Name Key shall be delineated as tier I, II, or III. Lands in the remainder of the
unincorporated county, excluding the Ocean Reef planned development, shall be delineated
as tier I, III, and III -A (special protection area).
(b) Tier boundaries.
Tier boundaries shall follow property lines wherever possible, except where a parcel line or
distinct geographical feature, such as a canal or roadway, may be more appropriate.
(c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier
boundaries are designated using aerial photography, data from the Florida Keys
Carrying Capacity Study, the endangered species maps, property and permitting
information and field evaluation. The following criteria, at a minimum, are used to
evaluate upland habitats and designate boundaries between different tier overlays:
(1) Tier I boundaries shall be delineated to include one or more of the following criteria
and shall be designated tier I:
a. Vacant lands which can be restored to connect upland native habitat patches and
reduce further fragmentation of upland native habitat.
b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if
indicated as appropriate by special species studies, between natural areas and
development to reduce secondary impacts. Canals or roadways, depending on
width, may form a boundary that removes the need for the buffer or reduces its
depth.
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c. Lands designated for acquisition by public agencies for conservation and natural
resource protection.
d. Known locations of threatened and endangered species, as defined in section 101 -1,
identified on the threatened and endangered plant and animal maps or the Florida
Keys Carrying Capacity Study maps, or identified in on -site surveys.
e. Conservation, native area, sparsely settled, and offshore island land use districts.
f. Areas with minimal existing development and infrastructure.
(2) Lands located outside of Big Pine Key and No Name Key that are not designated tier I
shall be designated tier III.
a. The following conditions shall constitute a break in pinelands or tropical
hardwood hammock for calculating the one -acre minimum patch size for
designation of tier III -A boundaries:
1. U.S. Highway 1, canals and open water;
2. Any disturbed pinelands or tropical hardwood hammock with invasive
coverage of 40 percent or more;
3. Property lines of developed lots or vacant lots with a ROGO allocation
award or an issued building permit, as of September 28, 2005, located
within a Land Use District that allows only one unit per lot; or
4. Property lines of developed parcels of less than 10,000 square feet in area
with a ROGOINROGO allocation award or issued building permit, as of
September 28, 2005, located within a Land Use District that allows
residential development of more than one dwelling unit per parcel /lot or
non - residential development.
b. Lots designated tier III -A (Special Protection Areas) on the November 29, 2005
maps may petition the county for a rezoning to tier III if the lot meets one of the
following criteria:
1. The lot will be served by a central sewer and the wastewater collection
system has an approved permit that was effective March 21, 2006 to
construct the system on file from the Department of Environmental
Protection; or
Such lots may be granted a score of 30 points through an administrative determination
made by the county biologist, the director of growth management and rendered to the
department of community affairs until such time as the county sponsors a zoning map
change to update the Tier Three Overlay Zoning Map and it is approved by the department
of community affairs.
c. Any hammock identified in the county's data base and aerial surveys as 1.00 to
1.09 acres in area shall be verified by survey prior to its designation as tier III -
A. A hammock that is deemed by survey and a field review by county biologists
to fail the minimum size criteria shall have the Special Protection Area
designation removed from the subj ect parcel.
(d) Big Pine Key and No Name Key tier boundary criteria. The tier boundaries shall be
designated using the Big Pine Key and No Name Key Habitat Conservation Plan
(2005) and the adopted community master plan for Big Pine Key and No Name Key.
(e) Tier overlay district map amendments. The tier overlay district map may be
amended to reflect existing conditions in an area if warranted because of drafting or
File # 2012 -041
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data errors or regrowth of hammock. However, the clearing of tropical hardwood
hammock or pinelands that results in the reduction of the area of an upland native
habitat patch to less than the one -acre minimum shall not constitute sufficient grounds
for amending the designation of a tier III -A area to tier III. The tier overlay district map
amendments shall be made pursuant to the procedures for map amendments to this
chapter. Unlawful conditions shall not be recognized when determining existing
conditions and regulatory requirements.
(f) Request for tier I designation. Notwithstanding the provisions of section 102-
158(d)(2), any individual may submit an application to the planning department
containing substantial and competent documentation that an area meets the tier I
criteria. Applications must be received by July 1 of each year on a form approved by
the director of planning for consideration by the special magistrate at a public hearing
advertised at least 15 days prior to the hearing date. Said hearing by the special
magistrate shall be held prior to November 1 of each year. The director of planning will
review the documentation and any other appropriate scientific information and prepare
an analysis report for the special magistrate. The special magistrate will render a
written opinion to the planning commission and board of county commissioners either
that the application meets the criteria for designating the lands as tier I or that the
documentation is insufficient to warrant a map amendment. The posting, advertising
and review will follow the procedures in section 102- 158(d)(3), (d)(4) and (d)(5).
The Big Pine Key LCP is concurrently being amended to show the parcels in question as Tier
III. These parcels do not meet the criteria for Tier I designation based upon the criteria in the
HCP and LCP.
In accordance with MCC§ 102- 158(d)(5), the BOCC may consider the adoption of an ordinance
enacting the proposed change based on one or more of the following factors:
1. Changed projections (e.g., regarding public service needs) from those on which the text of
boundary was based;
NA
2. Changed assumptions (e.g., regarding demographic trends);
NA
3. Data errors, including errors in snapping, vegetative types and natural features described in
Volume I of the plan,
Due to a mapping error, Seacamp property was not designated Tier III on the Big Pine
Key and No Name Key LCP Tier Map pursuant to Monroe County Resolution 562 -2003.
The Seacamp property does not meet the Tier I criteria within the LCP and HCP.
4. New issues,
NA
5. Recognition of a need for additional detail or comprehensiveness; or
NA
File # 2012 -041
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6. Data updates.
NA
Impact on Community Character:
The subject property is presently part Seacamp located at the terminus of Big Pine Avenue
in Big Pine Key, an existing institutional use. It is not anticipated that the future
development of the site will impact the existing character of the adjacent area.
V RECOMMENDATION
The Seacamp property does not meet the Tier I criteria specified by Section 130-130(d),
Monroe County Code, therefore, staff recommends that the Board of County
Commissioners amend the Tier District Overlay Designation Map from Tier I to Tier III for
the Seacamp property.
VI EXHIBITS
1. Board of County Commission Resolution 562 -2003
2. Planning Commission Resolution P39 -11
3. Board of County Commission Resolution 23 -2012, Transmittal
4. Tier Overlay Map Amendment
5. Figure 2.1 Key Deer Location from Telemetry, Habitat Conservation Plan for Florida
Key Deer and Other Protected Species on Big Pine Key and No Name Key, Monroe
County, Florida (HCP)
6. Figure 2.2 Lower Keys Marsh Rabbit Habitat (HCP)
7. Figure 2.4 Six Grid Layers used to Generate Weighting Factor Grid (HCP)
File # 2012 -041
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7'
: I
ORDINANCE - 2012
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE TIER OVERLAY DISTRICT
DESIGNATION FROM UNDESIGNATED AND TIER I TO TIER III FOR
PROPERTY OWNED BY SEACAMP ASSOCIATION, INC. AND LEGALLY
DESCRIBED AS BIG PINE KEY PART OF BAY BOTTOM ADJACENT TO
BLOCKS E AND F; BLOCK E, LOTS, 16,17,18,19,20; AND BLOCK F, LOTS
8 9 10, 11, AND 12, PINEY POINT SUBDIVISION (PB8 -88) WITHIN
SECTION 34, TOWNSHIP 66, RANGE 29; HAVING REAL ESTATE
NUMBERS 00112030- 000000, 00246950 - 000000, 00246960- 000000, 00246970-
000000, 00246980- 000000, 00246990- 000000, 00247140 - 000000 00247150 - 000000,
00247160 - 000000 00247170 - 000000, AND 00247180- 000000; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, at a regularly scheduled meeting held on the 24 day of July, 2012, the Monroe
County Development Review Committee held a public meeting for the purpose of reviewing the
proposed amendment to the Tier Overlay District Map; and
WHEREAS, at a regularly scheduled meeting held on the 29 day of August, 2012, the
Monroe County Planning Commission held a public hearing for the purpose of making a
recommendation to the Monroe County Board of County Commissioners to amend the Tier
Overlay District Map; and
WHEREAS, the Monroe County Planning Commission made the following findings:
1. Seacamp, a not - for - profit organization that provides marine education to children,
contacted Monroe County to notify County staff of a tier designation error for a portion of
the Seacamp property on Big Pine Key and requested a correction of the error. Seacamp's
property is located on approximately 14.98 acres of land located at the extreme southwest
tip of the island, at the end of Big Pine Avenue.
2. The Seacamp property consists of 13 Real Estate Numbers: 00246950- 000000, 00246960-
000000, 00246970- 000000, 00246980- 000000, 00246990- 000000, 00247140 - 000000,
00247150- 000000, 00247160 - 000000, 00247170 - 000000, 00247180 - 000000, 00112030-
000000, 00112040- 000000, and 00247000 - 000000.
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3. Real Estate Number 00247000 - 000000 is currently designated Tier III and Real Estate
Number 00112040 - 000000 is submerged land. These two parcels are not part of this
amendment.
4. Real Estate Number 00112030- 000000 contains submerged land and upland with no Tier
designation. A portion of Real Estate Number 00247140- 0000000 has no Tier designation,
with a portion having a Tier I designation. The remaining nine (9) real estate numbers have
Tier I designations.
5. The proposed Tier map amendment is necessary due to "3. Data errors, including errors in
mapping, vegetative types and natural features described in Volume I of the plan." The
Seacamp property does not meet the Tier I criteria specified by Section 130- 130(d),
Monroe County Code.
WHEREAS, Monroe County Environmental Resources staff confirmed the accuracy of
the County's GIS habitat layer for the vegetative communities located on the Seacamp parcels;
and
WHEREAS, at a special meeting held on 13th day of February, 2012, the Monroe County
Board of County Commissioners held a public hearing and passed a resolution to transmit the
associated amendment to the Big Pine and No Name Key Master Livable CommuniKeys Plan
to the State Land Planning agency; and
WHEREAS, the proposed Livable CommuniKey Plan amendment to revise Figure 2.1 and
Table 2.7 was reviewed by the State Land Planning Agency which issued an Objections,
Recommendations, and Comments (ORC) Report on May 4, 2012 with no comments or issues
relative to this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Tier designation on the Tier Overlay District Map for eleven (11) parcels
having real estate numbers 00112030 -0000, 00246950- 000000, 00246960- 000000, 00246970-
000000, 00246980- 000000, 00246990- 000000, 00247140 - 000000, 00247150- 000000, 00247160-
000000, 00247170 - 000000, and 00247180 - 000000 shall be amended from undesignated and Tier I
to Tier III as shown on Exhibit 1, attached hereto and incorporated herein.
Section 2. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
2
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Section 3. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision of
any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall
apply.
Section 4. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources Department to
the Florida State Land Planning Agency as required by Section 380.05(6) and (11), F.S. and
Section 389.0552(9), F.S.
Section 5. Map Depiction.
The changes listed above are shown on Exhibit 1 attached; those changes are to be reflected in the
County's GIS system and as amendments to the Tier Overlay District Maps adopted by Ordinance
028 -2005 on October 19,2005 and supersede any other maps.
Section 6. Filing.
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 Florida State Land Planning Agency or
Administration Commission approving the ordinance.
Section 7. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the 12th day of December, 2012.
Mayor
Mayor pro tern
Commissioner
Commissioner
Commissioner
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA
rb •
Mayor David Rice
(SEAL)
ATTEST:
DEPUTY CLERK
3
Exhibit 1 to Ordinance # -2012
The Monroe County Tier Overlay Map is recommended to be
amended as indicated.
Proposal: Tier change from undesignated and Tier I to Tier III
RE Numbers:
00112030-000000 00246950-000000 00246960-000000 00246970-000000 0024698 0 -000 000,
00246990-000000 00247140-000000 00247150-000000 00247160-000000 0024 7170 -0000 00,
and 00247180 - 000000
EXHIBIT I
Board of County Commission
Resolution 562 -2003
RESOLUTION NUMBER 2003
RESOLUTION BY THE BOARD of COUNTY COMMISSIONURS
APPROVING THE LIVABLE CMMNIKEYs MASTER PLAN FOR
BIG PINE KEY AND No NAME KEY A THE POLICY DOCUMENT TO
DIRECT GROWTH AND DEVELOPMENT OF BIG PINE KEY AND N
NAME KEY.
WHEREAS, Policy 10 ..20.1 of the Year 2010 Comprehensive Plan directs Monroe
County to develop a series of Community faster Plans which shall include specific criteria
including close coordination with other community plans ongoing in the same =a; a
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Ob 101.2
outlines the Livable CommuniKeys as a planning program which is to address community needs
whi alanci the needs of a ll of Monroe Counter; and
WHEREAS Big Pine Key has had a moratorium on all traffic generating develop
since March 13 1995 due to are inadequate level of ser S t Big Pi segm o
U.S. 1 which chid not meet the c oncurrency requirements set forth in Policy 30 1.1.2 of the Year
10 Comprehensive Plan; and
WHEREAS, S Road improvements must be made in order to improve the LOS on i
Fine Key, however the S "is act Wildlife Service itat Cose�rvati�
require Hab itat
Flan C to be ompl t d to show that any development must minimize i imp to the
endangered species before any farther de velopment may be permitted; and
WHEREAS, on October 26,1 1998, the U.S. Fish and Wildlife Service ( USFWS) , F lorida
Game and Fish Commission, the Florida Department o ommu ity Affairs F lorida
Dep artment of Transportation and Monroe County entered into a Memorandum of Agr eement
for the developm of a Habitat Conservation Play
C for Big Pi and No N K e y s ; an
WHEREAS, S, th HCP is a mechanism wh ere by the concerns a nd responsibilities f th
various p ublic age ncies with regard tot
1�e conservation ' � �y Deer and other cov
species, and public and private development f Big Pine and N Na K r can lac o r�i a�ted•
and
WH RE4 A S both the HCP and the LCP h ave been developed in conjunction with one
another to balance the amount and
t ype of d the community desired, and the
s ubsequent level of `take' of n fan r d species which may be necessary to accomp the
development; and
WHEREAS, in o rder to obtain an assessment of community reeds, three publi
workshops for the Livable CommuniKeys Progr ( LCP) �" d on , 2 may 25,
'age I of
2000; and September 21 ", 2000 n Big Pine and a additional three public worksh
were held for the HC P; and
WHEREAS, as a result of pu blic input from the LCP workshops, the Develop
It ma iv s Re rt Dom. was produced on
� March 6 200 which ou tli n ed preyed
development options to be considered in the master plan which reflect input received from the
c m t *t r workshops were re analyzed in the HCP computer model to determine imp on
the endangered species; and
WHEREAS, the HCP was approved for submittal to the USFWS by the Board of Count
Commissioners at the regularly scheduled meeting on March 1
200 3; and
WHEREAS, the LCP implements the H F as well as provides for the develop
reeds of the community; and
WHEREAS, the Livable CommuniKeys Master Plan, Draft One was reviewed during a
regularly scheduled meeting the D Review Commit held on May 2, 2
where public comment was received; and
WHEREAS, during a regularly scheduled meeting on ,dune I I I 2003, the Monroe Count
Playing Commission reviewed the Livable CommuniK
Ma Plan, Draft Two, w hich
consisted of edits by staff to clam y language in the p lan, heard public input, sugg ested chang
based on public input and staff recommendations and continued the plan t the next meetin
Marathon; are
'WHEREAS, during a regularly scheduled meeting on July . 2003, the Monroe Count
Plana *ng Commis *on reviewed the Livable Com xuniK
�a t �r an Draft Two discussed
proposed changes based o fin community input and s taff recommendations and continued
the plan to the next meeting; in Marathon for fu th r consideration, and
WHEREAS, during a regularly scheduled meeting; on September 10, 2003 the Monroe
County lannin Commission reviewed the Livable CommuniKe s Master plan D raft Thre
accepted the proposed c from the previous meeting and
su g g estions from public input are
recommended further changes by staff; and
WHEREAS, during the September meeting the Planning Commission recommended
approval, with amendments to the Board of County Commissioners; and
W EB S, the Livable CommuniKeys Master Plan contains recommendations ions to
amend the Future Land Use and Land Use District maps for Big Pine Key and No Name Ke
which wiI I be �'esen�ed � � ����
p o a t a subsequent hearing; NOW THEREFORE,
BE IT RE, RE SOLVED BY THE BOARD OF COUNTY COMMISSIONERS of
MONROE COUNTY, , LORI , that the preceding findings suppo their decision
recomme APP to adopt the Li to
ble CommuniKe s Master Flan for Big Pine and No
P 2 o
Name Key, Draft Four, as the working regulatory document to direct growth and deve on
the islands With the following amendments and direct staff to make the changes to the Monroe
County Year 2010 Comprehensive Plan and Land Development Relations as recommended i
the Master Plan:
1, Change the Tier designation of the property known as S aeamp ftom T ier I to Tier III
on the map on page 2.
2. Amend Action Item 8.1 .1 e* on page 58 to read as follows: " ennit new fences o
developed canal lots and vacant canal lots that are contiguous to and serve a pfirici
use within T ier 11 and T ier HI and with. Port Pine Heights and Kyle Dyer
Subdivisions. All fences shall be designed to meet adopted fence design guide l es for
the planning area already contained 'in the land development relations."
3 . Add Action Item 12.2.4 which shall read " new formula retail businesses and
restaurants m the planndng area dough the development of Land Development
Regulations.
,SASSED AND ADOPTED By the Board of County Commissioners of Monroe County,
Flo da at a rear meeliniz held on the 17' day of December 20 .
Mayor Moray Nelson
Mayor Pro Tem David P. Rice
Commissioner George Neuent
Commissioner Dixie Sear
� amiss one r �l a�rles Sonny" McCoy
5 _
,fit: ley L. 1h Clerk
Depufy Clerk
BOAR OF COUNTY COMMISSIONERS
F MONR CO TY, FL A
���
Mayor
MONROE COUNTY ATTORNEY
T :
. WOLFS
CHIEF A �O TY ATTORNEY
Date
Page 3 o
Y—e S�
y es
VY
n
yes
,..
y es
+� .,.
BOAR OF COUNTY COMMISSIONERS
F MONR CO TY, FL A
���
Mayor
MONROE COUNTY ATTORNEY
T :
. WOLFS
CHIEF A �O TY ATTORNEY
Date
Page 3 o
EXHIBIT
Plann
'. {* Resolution P39-11
MONROE COUNTY PLYING COMMISSION
RESOLUTION NO. P 39-11
RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION
RECOMMENDING TO T MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TRANSMITTAL TO T STATE LAND PLANNING
AGENCY OF AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE LIVABLE COMMUNIKEYS
PROGRAM MASTER PLAN FOR FUTURE DEVELOPMENT OF BIG PINE
KEY AND NO NAME KEY, BY AMENDING TIRE TIER DESIGNATION AS
DI RECTED Y THE BOARD OF COUNTY C0MNHSS 0NERS IN
SOLUTION 562.2003, FOR PROPERTY OWNED BY SEACAM ' HAVING
REAL ESTATE NUMBERS 00246950. 000000, 00246960 - 000000 00246970 - 000000'
00246980 - 000000, 00246990 - 000000 00247140-000000, 00247150 - 000000 00247160-
000000, 00247170-000000, AND 00247180.000000) FROM TIER I TO `BIER III ON
FIGS 2, (TIER MAP FOR BIG PINE KEY AND No NAME KEY), AND
AMENDING THE TIER ESIG I ' ON FO THE SEACAMP PROPERTY, AS
LISTED IN TABLE 2.7, INSTITUTIONAL USES,
WERE S, the Monroe County evelo men t R eview Committee considered the proposed
amendment at a regularly scheduled meeting held on the 27 day of September, 2011; and
AREAS, at a re gularly scheduled meeting held on the I st day of December, er, 201 , the
Monroe County Plawfing Conunission held a public hearing for the pose of considefing the
tansrnittal to the State Land Planning Agency, for review and comment, a proposed amendment
to the Monroe County Year 2010 Co mprehensive Flan; and
AREAS, the Monroe County Planning Commission makes the following findings:
Sea am , a not-for-profit orgamzation that provides mane education to children,
contacted Monroe Count' to notify County staff` o f a tier designation error for a por of
the Sea camp propel' on Big Fine Key and requested a correction of the error. Seacam '
property is located on approximately 12 acres of land located at the extreme southwest tip
of the island, at the end of Big Pine Avenue.
2* The Seacamp property consists of 13 real estate numbers: 00246950. 000000, 00246960 -
000000, 00246970.000000, 00246980 - 000000 00246990 - 0� 00247140- 000000
002471 - 00� 00247160-000000 00247170-000000, 00247180-000000 00112030 -
000000 00 112040-000000, and 00247000 =000000. Real estate nwnbers 00112030-000000
and 001 12040.000000 are submerged lands. Real estate nwnb r 00247000.000000
File number 201 1 -104
Resolution Not 39-1
currently designated as Tier 111. The remaining tern 1 r estate numbers have Tier
designations.
3 . Draft I of the Livable C mmuniKe rs Master Flan C1) for Big Pine Key and No Name
Key was reviewed at the May 20, 2003, Development Review Commute meeting.
4 . Draft 2 of the Livable CommuniKe s Master Plan C for Big Pine Key and No Name
Key was reviewed at the J une 11 2003, Planruffig Commission meeting and at the July 9,
2003, Planning Commission meeting,
5 . Draft 3 of the L iva ble C nununiKe s Master Plan C1 for Big Pine Key and No Name
Key was re at the September 10 2003, Plying. Commission meeting.
6 . Draft 4 of the Livable C mmuniKe s Master Plan C1 for Big Pine Key and No Name
Key was reviewed at the December 17, 2003, Board of County C mission rs meeting.
.
7 . Resolution 562.2003, attached hereto as Exhibit 1, approved Draft 4 of the Livable
Commum*Keys Master Plan for Big Pine Key and No Name Key and directed staff t
change the tier designation for all of the property known as Sea amp from Fier I to ``ier III
on the map on Page. 2.
The Board of County Commissioners passed Resolut 044 -2004 on Janes 2 � 2004 t
transmit the Livable CmmunKeys Master Plan C1 for Big Fine Key and No Name
Key as a p amendment to the 2010 Monroe County Comprehensive Plan to the
Department artmen f Community Affairs which included the map as drawn incorrectly for
Seaear, without the corrected designation for ten 1 parcels. The De of
Commur�ty Affairs issued an Objections, Recommendations and Conun.ents RC Report
to Monroe C on June 2, 2004.
9 . The Board of County Commissioners passed Ordinance 029.2004 on August 14 2004, to
adopt the Livable CommuniKe rs Master Plan (LCP) for Big Pine Key and No Name Key
as are amendment to the 2010 Comprehensive Plan, address issues raised in the ORC
Report, and to submit the amendment to the Department of Community Affairs. The
adopted amendment included the incorrect map without the Fier III designation for the ten
(10 parcels,
10 . The amendment fxrt ers the Princ iples for Guiding 1 e elopment for the F for da Keys Area
o f Critical State Co era.
NOW, THEREFORE, BE IT RESOLVED B YTHE PLANNING COMMISSION O
[Amendments are presented in t indicate deletions and underline to indicate
additions to text. All tiger cords, characters, and language of this subsection remain un-
amended.
The following amendment to the Livable CommuniKeys Master Plan for Big Pine Key and No
Name Key as adopted by reference into the Monroe County 2010 Comprehensive Plan is
File number 011 -104
Res ol uti on No. 39-
2
recommended for transmittal to the State Land Planning Agency axed adoption by the Board of
County Commiss as follows:
(1) Amending the Tier designations on Figure 2.1 for ten (10) parcels having real estate
.umbers 00246950- 000000, 00246960- 000000, 00246970-000000, oo2 0 - 000000,
00246990- 000000, 00247140- 000000� 002471 002471 60 - 000000, 00247170-
000000, and 00247180-000000 from Tier I to Tier 11I as s on E xhi b it 2 attached
hereto and incorporated herein..
(2) Amending Table 2. 7, Institutional Uses, of the Livable Com,uniK ys Master Plan for
Big Pine Key and No Name Key, attached hereto as Exhibit 3, and incorporated herein.
Text deletions are stricken through and additions are underlined on wit 3. All other
words, characters, and language of the comprehensive plan remain unchanged.
PASSED AND RECOMMENDED FOR TRANSMITTAL b the Monroe County Plannin
Commission at a regular meeting held on the I" day of cemb r, 2011.
Chair Wert ig
'ice -Chair Wall
y
Commissioner Hal
Y
Commissioner Lust
y
Commissioner Wiatt
1' , NNIN ..COMMISSION OF MONROE COUNTY, FLO RIDA
Y
6`e �se Wrin, Ch
Signed this ) � A � day of JQ ri uci L41 2012
Monroe County Plate .g Commission Attom y
Approved As To Fonn
Date:+
;F
File number 2011-104
Resolution No. 3
3
r�
r EX I q
Boa
Of County Commission
Resolution 3 -2012, Transmittal
M NROE C UN Y FLORIDA
MNRE COUNTY BOARD O F COUNTY CONMSSINRS
RESOLUTION N. 023 *2012
A RESOLUTION BY T M NR E COUNTY Bow O
COUNTY C NMSSI N RS TRANSMITTING T THE STATE
LAND PL ANNING AGENCY AN ORDINANCE OF THE
M NROE COUNTY BOARD OF COUNTY C MaVI SSI NERS
AMENDING THE LIVABLE CONEVRJNIKEYS PROGRAM
MASER PLAN FOR FUTURE DEVELOPMENT OF BIG PINE
KEY AND NO NAME KEY, AMENDING G THE TIER
DESIGNATION AS DIRECTED BY THIE BOARD OF COUNTY
COMMISSIONERS N RESOLUTION 562 # 2003, FOR PROPERTY
OWNED B Y SEACAMIP, HAVING REAL ESTATE NUMBERS
00246950 # 000, 00246960 # 000000, 00246970 - 000000 9 00 246980 -
0 00000 9 00246990 #000000 00247140 00247150-000000
00247160 00247170-000000 AND 00247180 FROM
VIER I T TIER III O FIGURE 2. (TIER MAP FO BIG PINE
KEY AND NO NAME KEY), AND AMENDING T 'VIER
DESIGNATION FOR THE SACAMIP PROPERTY AS LISTED IN
TABLE 2.' , I NSTITUTIONAL L USES.
WBEREAS, the Monroe County Board of County Commissioners conducted a public
hearing for the purpose of considering the transmittal to the State Lard Plying Agency for review
and comment a proposed amendment to the Monroe County Year 2010 Comprehensive Plan as
described above; and
WHEREAS, the Monroe County Planning Commission ion and the Monroe County Board of
County Commissioners support the requested tent amendment;
NOW THERFORE, BE IT RESOLVED THE BOARD OF COUN
COMMISSIONERS OF M NROE COUNTY, FLORIDA:
Section 1: The Board of County Commissioners does hereby adopt the recommendation of the
Planning Commiss to transmit the draft ordinance for adoption of the proposed
text amendment.
Section : The Board of County Com i si ner does hereby transmit the proposed
amendment to the State Land Planning Agency for review and comment in
accordance with the Provisions of Chapter 163.3184, Florida Statutes.
Page I of 2
Section 3. The Monroe County staff is given 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 r rd a certified copy of this
resolution to the Director of Pl anning.
PASSED AND AD01yrED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting held on the 13' day of Feb ruary, 20
Mayor David Rice
Yes
Mayor ,fro tern Kira Wigingt
�.w
Commiss Heather Carruthers
Ye s
Commissioner George Nt
Yes
C om mi s s ioner Syl Murphy
Yes
BOARD of COUNTY COMMISSIONERS OF MONR
COUNTY, FLORIDA
BY vry,
Mayor D avi d Rr e
ATTEST: ANNF L,. K HAGS C
R
DEPUTY CLERK
F
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Date: ,
Page 2 cif 2
Exhibit 4 (legend)
Map Legends for Seacamp Properties —Tier Overlay District Map Amendment
Monroe County Tier Overlay District
Tier
Tier I - Natural Area
Tier III - Infill Area
Land Use
Zone
IS -M - Improved Subdivision (Masonry)
0 MU -Mixed Use
Future Land Use
FLUM
C - Conservation
INS - Institutional
RC - Residential Conservation
RH - Residential High
2009 Land Cover - Habitat
Description
Developed Land
0 Undeveloped Land
Impervious Surface
Hammock
Scrub Mangrove
- Freshwater Wetland
Beach Berm
Buttonwood
Mangrove
Salt Marsh
Water
x
W
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EXHIBIT
�
Figure 2.1
Key Deer Location fro Telemetry
( HCP)
a
Fly 2. 1. Ivey deer locations from telemetry data (Lopez 200 1)
EXHIBIT 6
Figure 2.2
Loaner I(evq KA;%rch Rabbit 1 4ghitnt 1 wrDl
Service),
4
Fib 2.2. Lower Days marsh rabbit habitat (Source: United States Fish and Wildfife
EXHIBIT 7
Figure 2.4
Six Grid Layers used to Generate
Weighting Factor Grid (FRCP)
* Deer density: Development in areas of lour Ivey deer density would he less harmful to the
Key deer than development in areas of high density.
Distance from US- 1. Development near US -1 would he less harmful to the Key deer than
development farther from US-1.
Water harriers. Development in areas with canals would he less harmful to the Key deer than
development in areas without canals.
Because more Ow one factor may affect the value of a given cell, the final cell value in the
weighting facer grid was the average of the six parameters, where 0 represented the lowest value
to the Key deer and 2 represented the highest value to the Key deer.
Deer Corridors Deer Density House Density
Water Barriers Distance from US I Patch Quality
Figure 2.4. RX grid layers used to generate weighting facer grid
(darker shades = higher value for the deer)
36
Exhibit 8
Rick Scott
FLORIDA DEPARTMENT
LCNMIC OPPORT
Ma 4 ., 2 012
T he Honorable David Rice
Mayor, Monroe County Board of C Col
b oo overseas Hwy, # 21 0
Marathon Airport Te mInal
.Marathon, FL 3 050
Dear Mayor Rice:
The State Land Plann-in A (the Ag enc y has om its rev
c011 re ensi e plan amendment for Monroe lew o the proposed
' recel-ved and F � �. � e , 201 2. Co o � �r oed .�
distributed to the ad o ria. e reviews i z e d.m . t have
enclosed n a or their review, and thei
os.d. We have reviewe the prop a� owes are
ed�.e� ���. eco�d�ee ���. sae coo
eview process set forth i Sec s �. (4)
3.184(2) and Jo d.a_ Statutes F.S.
with Chapter 1 Part 11, F- s. , � � compliance
The attached o ec l(Als, Re om led '
1 1 � al d COMMen Report o tl es our findi
co he amendment. We ha i one o and ha i nc l ude d
eommedati.os re�rd��9 .��cas� t ..n be t.i�. to a o W are .�.
p roviding two teeh 'cal ass* �a ee co�� � e o
consistent with Section 163.3168 F.S. T he
Agency's technical .ss s e o .tee Y
M1 not fo rm the bas's o a llen �e. h � .
a s�s����.s ��e�� c stre the ��. � .�- oed
� compreh ��a in order to seer a
���ra��t, elty eom.z o� e technical in nature and designed to ensure co mpl
the provisions o Chapter 1 ., F.S. .e with
T County sd at by choosing t
ro ose ado add with chan or adopt
a��e.���c�. ��so, leas ��o�e ta.t S ectl on 16 3.3 18 4(4)(e I F. S. . prov'des that i I.- th e
seond pub 11 c he .g i s n ot held a d th e am
e r en t ad wl t h l 11 18 0 days � o� �-
a g e nc y comme t amendment shall deemed � eee�
����� less ex �ce�
w�.t�� otzce to the site l.�� planning � � agreemen
agenc and any affected arty that provided e
a.me��d.���c.�. .`y your a s s i s t a nc e ,, w ��. e o.��.t o
the
en closed the procedures �r fi na l adop
tr ansmittal o e omprehe� sive p lan endin .� rat ��d
.
Florida Dprt of E Opp € he a#dwll B 107 E- Madison Street Tallahassee, FL 32399-4120
A n equat Opportunity lor/ xiliar aids and services �� av��a
te�ot�� �r�7��s �� �i'rf da��� rr�� � r l upon r to individuals it di �� v
H onorable avid Rice
May 4, 2 012
Page 2 of 2
jMy staff an 'are available to assis the C oy i
r ��' o� .� � c�e�os, eae oaf , � issues 1 .,nti in our
at R ebe a Jet o , at (8 50) or by email
Sincerely.
�? � ! lam'` • { 1'�+ ^ ,
'' .., o } Y� r .�. x' �,. , t.- ..''•, --., •�
Mi ke M cD aniel, Chi
.bureau Of Community Planni
MM e
Enclosures: Objectwns� Recommendations and Comments Re p o rt
Review A gency Comments
Adoption Procedures
CC Christine Hurley, Gro wth Manag ement eye iree o
.J ames F. Money, Ex c utive Dire c o South i
1� Rc.oa] P I an ng C
Florida Departme f Economic opportunity The Caldwell Building 107 E, Madison Street T allahassee,
A n equ opportunity eplaer/progra. A aids and s ervices are available
tlpoE �r�tr��r on ��� do E r by persons g u r to in with di All voi
STATE L AND PLANNING AGENCY
OBJECT RECOMMEN 1 COMM REPORT
FOR
MONROE COUNTY
PRO AMENDMENT 1.2 2 CSC
May 4, 2012
o BJE WN'S, R C MMEND TI'oNS AND COMMENTS REPORT
FOR MONROE COUNTY
PROPOSED COMPREHENSIVE PLAN AMENDMENT
(DEO NO. 1.2 -2ACSJ
Consistency with Chapter 163, Part . 1. and Chapter 380, Part I
The Department has the following objections and comments to the proposed
comprehensive plan ar end ent:
Objection I* Monroe County has proposed policy 1o1. .2o to address those applicatiolls
that request a n increase in density/intensity and provides two options to the applicant.
Option one in the proposed policy only addresses density and intensity increases that are
for parcels one acre or greater in size and does not address lots smaller than . one acre.
The policy does not provide rnea. in ful and predictable guidelines and standards, and is
potentially inconsistent with Rule 28-20.140(5)9 and the Princip les for Guidin
Development, because it is unclear if the requirements intended to discourage increases
in density and intensity also a qty proportionately to lots less than an acre,
Authority: Section 16 . 1 l), and 380.0552(7), Florida Statutes, (F.S.), Kale 8-
20. 140(5)9, Florida Administrative e Coc e
Recommendation.- Re ise the policy to clarify that options l and 2 also apply
proportionately to properties less than. an acre. The county is encouraged to develop a
mechanism. that would require: donation of land from Tier I when Tier I future land use
increases in density intensity are considered.
.t. Technical Assistan.ce Comments
Comment: : .Data, and analysis submitted with the amendment t identifies two
Properties that have Maritime Ind tries zoning district with one designated Pubile
Facilities and the other designated Conservation. The densities and intensities of the
Ma 'time Industries zoning district are i. consi.ste t with t: e FLUM categories of
Public Facilities and Conservation. The Public F ci i. ies Lard Use and the
Conservation FLUM designations do not allow hotel rooms or dwellings. The
County should, establish zoning categories that are consistent with the FLUM and
remove the Maritime Indusffies zonIng district from . the parcels.
Comment; To eliminate potential confusion, the Department recommends that
Monroe County delete or reprise the action. Items which govem eleaii .g limits in the
Livable Com iKeys Master Plans for Big Pine and. Tavernier Creek to be
consistent with the minimum and maximum clearing limits i .di.eated in Policy
101.4-22.
STATE COORDINATED REVI W
EXTERNAL AGENCY COMMENT /CITIZEN
COMMENTS
A. Receipt Comments from external Agenci
B. Citizen comments
Rebecca
From: : Demes, I# A C CI S , 0 l o I l es@ avy.mill
Sent. Monday, April o, 201 2 11:16 M
To: Hurley- Christine
Co: Jetton Rebecca; Santamaria- Mayte; Schwab- Townsloy
Subject: RE Monroe County Comprehensive Plan Amendment County Resolution Number 025-2012
OK: 1 sent a text to Rebecca since ray email was not working until mid morning. 1 was not
able to get email this weekend and saw an email from her on Sat. I will send you some dates
this afternoon.
V r, ron
----- Original Message---- -
Fro : Hurley - Christine [Mailto * r~l.e -Ch r istine onroeCeunt - FL , Goer]
Sent: Monday, A pril 02 , 2012 II
To : e e , R on A CIV CUSE, 2; rebec a . ' etton EO . r = 1 ., orida.com; ant a arl a- ayte; S c hwab-
Town
Su bject . e M onroe County Comprehensive Plan Amendment County R esolution Num ber - 2012
Rebecca is here, But I'm not sere of her schedule. Mayte is not here# So we'd prefer next
week sometime.
Sent f rom my iPhone
O n Apr 2 2012,, at 11, AM, "y es, Ron A CIV CNRSE, " iron , de re @na y . m wrote:
> I wi ll work this today now that computer is up and running, Is Rebecca here today or
c oming soon?
> ----- original Message---- -
> From: H urley-Christine al to : #furl e - Chr.istin.e on oe ount - L . Gov]
> Sent Monday, April 02 2012 1 *0 01
> To: Demes, R A CIV CNRSE, ; Te anos� ayra; S hwa - Townsle to ar ia�-- l yte
C c. * P195.:1 r c o m; reb r . l ett on 4+ • F o'3 i s ciJ391
> Subject; e: Monroe County Comprehensive Plan Amendment: County Resolution Number 025 -2012
> M Denies: w e wou like a opportunity to sit down with you and go over this email. Please
give us a couple of dates and times when you are available.
> It would be good if R e becca can listen In as weir.
> Mayra - pease coordinate b
> Th you
> Christine Hurley
Sent from my iPhone
> on filar 30 2012, a 3 :32 P, t ees, R A CIV CE, " ron . denies na . .'1> wrote:
> Mr. Murley and M s. etton:
>> As the representative of N ava. Air Stat Ke w est acting on be half o f
I
>> the military installations within Monroe County jurisdiction and
>> representing the Military interests as the ex- officio member of the
» Monroe County planning commission and representative at DRC & BOCC
» meetings, I am writing this email to document our objection to the comp
>> plan amendment on transmitting a proposed ordinance that revises Policy
>> 101.4.5 Mixed Use /commercial C Future Land Use Map FL category
» description and amends Policy 101.4.21 to assign the Maritime Industries
>> Zoning District to the MC FLUM Category and amends the maximum net
>> density range and the maximum intensity range for the MC FLUM category
» and clarifies the footnotes within the table.
>> I have Voiced this objection at the Development Review Committee and
>> Planning Commission meetings regarding the proposed designation changes.
>> our primary objection to the proposed amendment is to the significant
>> increase in residential type density that would be allowed under this
>> amendment ent in lands proximal to Naval Air Station Key Wiest such as areas
» of Noise Zones 65 DNL and higher. The current designation only allows
>> for a maximum density of 2 dwelling units per acre and zero transient
units. This change will allow for a 9001 increase in residential
>> dwelling units and an infinite increase on transient units. we find this
>> contrary to FL statutes set to protect military interests in the State
>> of Florida.
>> As set for the in FS 163.3175(2),, Naval Air station Key West, associated
>> with Monroe County, is designated a major military installation and due
>> to its mission and activities, has a greater potential for experiencing
>> compatibility and coordination issues than others. Accordingly, Fs
>> 163-3177(6)(a) relates to establishing compatible land use for such
>> bases with specific governments in proximity to and in association with
» the specific military installations like NAS Key West. This amendment
>> inadequately addresses the Navy's concerns regarding the objections
> brought out in the DRC and Planning commission. Upon unanimous denial of
>> this proposed FLUM designation charge, we did not believe this world go
>> forward.
>> Additionally, we find this proposed amendment inconsistent with F
>> 380.0552(7) and specifically principle h "to protect the Value,
>> efficiency, cost effectiveness and amortized life of existing and
>> proposed public investments including: .....4. Key west Naval Air
>> Station and other military facilities . 3R
>> A proposed solution could entail-the county agreeing to no increase in
> residential/transient density within the 65 D L noise contours based on
>> the current 2007 AICUZ study.
»
>> Naval Air Station Key West looks forward to continuing dialog to resolve
>> this extremely important issue that is critical to our mission
>> s staina il.ity.
> r, Ron Demes
»
>> R. A. DEMES
>> Executive Director/Business Manager
>> Naval Air Station
>> P. o. Box 9001
>> Key West, Florida 33040 -9001
305.293.2866 Executive Suite
305.293,2488 XD/BM desk
305.293.2230 Fax
305.797.0 58 XD/BM XD/BM cell
mailto,ron.demes@navy.mil
9
i�
• :, ::} Apri 6 , 2 0 i . 2
ed
look M1 +M1
Mr. Ray Euba
a
nls
De partment of Economic Opportunity ; � ' �
D ivision of Community Development � � no �
'
107 East Madison Street, MSC 160 '` 9��,�
d W dIi If t Tallahassee FL X2399 - 4120 �t � �
Re: Monroe County Year 201 o omprehe sive PIan Amendment, 1 - 2 Expedited State
Review, Area of Critical State Concem, Monroe Coun
Kathy Baroo
Chairman D ear Mr. ubanl :
Jacksonville
Kenneth W. Wright
Vice Chairman Fl orida . Fish an Wildlife Conservation Commission (F staff has review the sever. (7)
w inter Park proposed amendments to Monroe County 's Year 2 0 10 Comprehens Ive Plan and p rovide th e
Ronald M. Bergeron following comments, un -d er Chapter 1. , Florida Statutes, for y our consi
F ort Laoderdale
Richard Al. Corbett Fart of Monroe County (th City of Key West and the Florida Keys) i consid
Tampa ered to be n Area
Aliese P. "Llesa" Priddy of Critical State Concern (A-CSC, which includes environmental or natural resources of regional
Tonal
Imrrokaf e or statewi importance. FWC staff h as b een in vo l ve d in the Tier Designation R eview
Charles W. Roberts II] Committ a long; with Monroe County st public agencies, private consultants p l anners , an
Tallahassee o interested parties. Participation in this committee h as a FWC the opportunity to
Brian S. ablonsk p rovid e input regar fi s h an wildlife resources in th e ACSC an as such, we believe the
Tallahassee p ro pose d. amendments do not app ear to ad verse ly affect regional or statewide resources.
Wx a �v '; w� After reviewin th p roposed resolutions, W staff has determined that Resolution 021-201
Nick Wiley may improve habitat prot ection by discouraging Future Land Use c hanges which inn ease
Executive Director a llowable density /intensity. Resolutions 022-2012 and 024- may a increase nerease wela.d
Greg Holder pro tection b assigning points under OGO/NROG .an of Growth C rdinancc Na
A ssi s t a nt Ft € v ir n resid.entia
Rate of Growth rdInanee for land dedleation and. also b y assigning negative oints to certain
Karen n V t imi li ��
Chef of to Ti III parcels that contain. s mer ed l an ds nd or wetland requiring open s ace. Th es e
provisions should prove effective in reducing impacts to fish and wil-dlife resources in this area.
We appreciate the opportunity to participate in the Fier Designation Review Conu and loop
D7x €fon, of ��c :� forward to conti Spedesconse. nuing u this pa We 1 aprceatc the oportnitr to recce the
Eric Sutton, Director proposed amendments and wo .ld .ike to ext this offer to th County's staff f or future
coordination on Comprehensive Plan Amendment activities, f you or your staff needs further
� R�. assista,ce, pease o not hesitate to contact ac
(850) 921 -779 FAX � ha'br at 850 - 4 1. 0 - 5367, or lW r s p a n'lai Se r e s ,II �_ and e mi l e o make the necessa
arrangements. I f you have specific q uesti.ons regarding the content of this letter pl
contact
Ben Shep herd at 4 07 -8 5 8 -6 170 or by ernaiI at B en. She - herdf6 M F WC. c ono.
Managing ft h and wildlife
resources for their long - germ
we ll-ber' and the benefit
of people.
620 South M eridian Street
Tallahassee, Florida
32399 -1600
Voice, (850) 488-467
He aring/ s p e e ch - - Im pa i red :
(800) 955 -8771 (T)
(800) 955 -8770 (V?
Sincerely,
Bonita am, Program Administrator
Office of Conser Planning Services
bgbs
ENV 2 -343
Mon roe aunty 12 -2 AC-SC 16011 4 12
FW . o
Mr. Ray
ag 2
A pril , 2
cc: MaYte S an amari a
Monroe County tannin and Environmental Resources
afar �.i::,ii -.
Terry Manniji
South Florida Water Management District
t� .. IIirr )sfwm .gov
Jim Quinn
Florida Department of nvironni nta Protection
Rachel A Kalin
South Florida Reglonal Planning Council
rkal JIIL& rpq. c
Wendy Evans, Administrative Assistant 11
Department of ricul re and Consumer Scl
weird . v n i.'fr s i 'ro i oiii .coiii
South,.
F lorida
Regional
Plannin
Council
MEMORANDUM
I A`r APRI 2, 2012
TO: COUNCILMEMBERS
ROM 3
AG IT # 1111
a -) I Z'
SUBJECT: LOCAL GOVERNMENT M R N 1 PLAN PROPOSED S AND ADOPTED
AMENDMENT CONSENT AGENDA
P ursuant to Section 163.3184, Florida ida Statutes, Council review of amendments to local government
comprehensive plans is limited to 1 adverse effects on regional resourc and facilities identified in the
Strategic Regional Policy Pl for Sou Florida (SRPP) and extrajurisdictional impacts that would be
inconsistent with the comprehensive plan of any affected local over
raent within the Re
written report containing an evaluation of these impacts, pursuant to Section. 163.3184, Florida Statutes
I to be provided to the local government and the State Land Plan i g Agency it .in 30 calendar days of
receipt of the amendment.
Staff analysis onfirms that t .e proposed and or adopted amendments identified i the Table below are
generally consistent with and supportive of the Goals and policies of the SRPP. Attached are the separate
amendment review forms that will l e sent to the local o ern ent and State Lan d PYnni Arc.
Recomme ndation
F ind the proposed and/or adopted plan amendments from the local governments of Monroe Coin
S outhwest R anches, l roward County, and Oakland Bark generally consistent with the Strategi
3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021
Brown rd ( 954 ) 985- State (500) 985
FAX (954) 955 -4417, -mail: sfadr in @sfr . or , wobsit : www.sfrpc.com
F ... _ _._ __.. -�... .- ...... �..4...u. #4141. a IFJ%AILL6 2ZI D;Eu Iry bt u LQ;UElm D,
The arnendin en t is not required to be reviewed at transmittal.; N A; not applicable.
Regional Policy Planfor South Florida. Approve this report for transmittal to the ]ocal governments
with a copy to the State Land Planning Agency,
Attachmen 1
FL ORIDA REGIONAL COUNCILS ASSOCIATION
LOCAL GOVERNMENT COMPREHENSIVE PLAN AMENDMENT REVIEW FORM
South Florida Regional Planning Council. Agenda Item and Date: III- E; 4/2/12.
Local Government Amendment Number: Monroe County Proposed #12-2ACSC.
Date Comments due to Local government: 4/4/12.
Date Mailed to Local Government and State Land Planning Agency: Prior to 4/4/12.
Pursuant to Section 163.3184, Florida Statutes, Council review of amendments t o local g overnment comp rehensive
plans is limited to adverse effects on regional resources and a ilia es identified
.� � f fed in the Str Regional IoZicy l
o
out Florida �a R and e .tr uil dict or al impacts that - mould b inconsistent with the comprehens ive pla
any affected local government within. the region. written r. ar of
� � or�ta�r�rrg a evaluation of these imp
P ursuant to Section . 63.3184, Florida Sta tutes, is to b provided to t he local government and the state land
p lanning agency wi th'in 30 calendar days of receip t of the are .dmen t.
DE SCRIPTION of AMENDMENT
1 . Upland Vegetation Clearing (Resolution 2 -2012)
Revisions to Policies x 01.4.22 and 205.2.7 and new Policy 101.4.23 would address limitations on clearin
of upland native vegetation, a s recommended in the 2008, 2009, and 2010 Administration Commi
Day Report to 4onroe County and by the State Land Planning Agency. The text would define ma
square footage for permit clearing Fier 1, 11, 111 and 111 -. lands.
2 . Discourage Increases lin Density and Intensity (Resolution 21-2012)
New icy 1 01. 4 . 2 0 would discourage p riva te ap pl ication f or futu !ari use changes th incre
�
allowable density and intensity and further p reserve the native habitat of the Count implem y� tang the
Florida Keys Carrying Capacity Study and Rue 28-20.110 and - 20.140 of the Florida Administra
Code .A.C,.
The definition for "private application wo uld he applications from private entities with ownershi
of the
upland development and parcel(s) of land or includes private upland development on County-owne
Ian-d. Whose private applicants requesting LUM amendments shall be required ed to comply ith eithe
the following: of
1. For every acre of land for which there is a request to increase density and/or intensity, the
applicant shall purchase n donate acres o land that c
co ntain non-scarified native u habit
and/or undisturbed wetland habitat to Monroe County for conservation (specific requirements shall
ap ply) ,
2. For each requested additional unit of density, the applicant shall urchase and donate a lot
designated as Improved Subdivision e land use (Zoning) district on the �
g isit map that contain
non - scarified native upland habitat and/or undisturbed wetland habitat to Monroe Coup ' (Specific
requirements shall apply),
The parcel which is the subject of the request to increase its density and intensity must be designated a
Fier III and have existing public facilities, services, and central wastewater facilities.
3 . Tier System positive poll nt allocation for wetland dedication {Resolution 22-201
Revisions to Policies 101.5.4 and 101 would assig positive poi under the
� residential and non-
residential permit allocation system for the dedication of parcels that contain wetlands or Tier 111 -A
(Special protection Area) parcels.
The Fier systems, is used for purposes of land acquisition and smart growth initiatives. Fier 1 are Natural
Areas, Fier 11 are Transition and Sprawl Reduction Areas on Big Pine and NO Name Keys, Tier III are
m ill Areas, and Tier 111 -A are Special Protection Areas. C urrently p r otective otective criteria for wetlands are not
addressed.
4. Tier Re-designation for S eacamp Property (Resolution -2012)
Revisions to the livable CommuniKeys Master Flan for Big Pine and No Name Keys, which is adopted
by preference into the Comprehensive Plan, would amend the designation of ten parcels known as s
Seacar .p property approximately 12 acres) from Fier 1 to Fier 11i and as Institutional Use. The propert
is used by a not - for - profit organization that provides marine education to e
p i.r the change would he
consistent with the existing land use and correct a scrivener's error in the original Master flan.
5 . 'Fier System, negative point allocation f or wetland protection (Resolution 4 -2012)
Revisions to Policies 1013.4 and 10155 would assign negative points under the residential and non -
residentia,l pert it allocation system to Tier 1I1 parcels that contain submerged lands and or wetlands that
require 100 open space and that are located adjacent or contiguous to Tier I properties. This
.
amend ent would.. provide an additional lay er of protection for wetland p
� s, s�rn��ar to bounty Amendment
4 (Resolution - 2012).
6 . Mixed Use/Commercial a Use Map Designation and Maritime Industry Zoning i. Re o do n 25.
2012)
Revisions to Policies 101.4.5 and 101.4.2. would amend the Mixed Use/ Commercial M future land use
category description to allow Maritime Industries MI zoning in the MC category of 29 parcels
currently zoned M, all but one are on Stock island, with 59.7 acres in
the Industrial future hand use
category, an 29.5 acres in Public ,facilities. Although M1 zoning allows transient (hotel motel) units, the
Industrial future land use category does not. The staff backup indicates that the amendment is intended
to encourage the preservation of recreational and commercial working waterfronts for water-dependent
uses.
T he changes would:
o Add language that MC future lard use districts are to establish and conserve areas of mixed uses,
which may include maritime industry, light industry, c ommercial fishing, transient and permanent
residential, institutional, public, office, commercial and retail use;
9 Encourage the maintenance and enhancement of community character, recreational, and commercial
working waterfronts; and
e A pply certain criteria to lands designated with the Maritime Industries zoning, includin
maintaining a minimum of 3 5% o f the upland area for working waterfront and water dependent uses
and similar wet skips, dock, and public access walkwa y preservation.
* Limit parcels to commercial apartments only. Commercial apartments would be an attached or
detached residential dwelling unit located on the sage parcel as a nonresidential use that is to serve
as housing for the o wner or employees of the nonresidential use.
7 . Lower Kegs Livable CommuniKeys Ilan (Resolution -2012)
revision to Policy 10 ..20.2 would incorporate the Lower Kegs Livable CommuniKeys Master Plan b
reference into the Comprehensive Plan. The intent of the County's Livable CommuniKeys Plans is to
contain framework for future development and redevelopment based on the applicable communit
character and environmental conditions.
1. ADVERSE EFFECTS TO SIGNIFICANT REGIONAL RESOURCES AND FACILITIES
IDENTIFIED N THE STRATEGIC REGIONAL POLICY PLAN.
Not Applicable.
2. EXTRAJURISDICTIONAL IMPACTS INCONSISTENT WITH ANY COMPREHENSIVE PLAN
OF
LOCAL GOVERNMENTS WITHIN THE REGION.
Not Applicable.
SOUTH FLORIDA WATER MANAGEMENT DiSTRICT
R
March 2, 2012
Mr. Ray Eubanks
Administrator, Plan Review & Processing
Department of Economic Opportunity
Division of Community Planning and De velopment
107 East Madison Street
Tallahassee, Florida 32399 - 4120
Dear Mr, Eubanks:
Subject: Monroe County, amendment #1 2. CsC
Comments on Proposed Co Plan Amendment
The south Florida Water Management District (District) has comp leted its review of the
proposed amendment package submitted b Monroe Count ( County). T he
amendment package consists of seven text and map amendments to date t
Comprehensive Ran. There appear to b e no regionally significant water
4
roe
issues; therefore, the District forwards no comments on the p amendment
p ackage.
The District offers its technical assistance to the County', the Florida Keys
A
Authority, and the Department of Economic port nit in dev � son
sustainable solutions to meet4he County's future grater supply needs and to protect
the
region's grater resources. Once the amendment is adopted, please forward a copy to
the District. For assistance o additional information, please contact Tee Mannin
�
Policy and Planning Analyst, at (561) 682-6779 or tmanniWasfwm .
Sincerely,
4
Rod A. Braun
D i r e ctor
Office of intergovernmental Programs
RB m
Christine Hurley, Monroe County
R ebecca Jefton, DEO
Rani Kahn, SC
330. Gluu C hib Road, West Pahn Beach, Florida 3,1406 * (561.) 686 FL WA'D'S 1- 800 - 432 -2045
Maili:ig Address. P.O. Box 24680, West Palm Beach, FL 33416-4680 vvwsf w1 - 11cE. p ,F
Ap ril 5, 2012
Florida Department o
Environmental Protection
Marjary Stoneman Douglas Building
3900 Commonwealth Boulevard
7a[laha; see, Florida 32399 -300
Mr R ay Eubanks
Plan R eview Administrator
Department of Economic Opportuni
Bureau of Co.aurtr Planning
Caldwell dd
1 07 East Madison Street MSC 160
Tallahassee, FL 32399 -6545
.L
s _ r T, L I i { �• r J
Re: Monroe Coun 12 -2ACSC Prop osed; Compreh Plan Amendm
Revi
Dear Mar, Earle:
The office of Intergovernmental Pro of the Florida Department of virore.a
Protection (Department) has reviewed the above- referenced amendment p roposad under
the procedures of Chapter 163, Florida Statutes. The Deparbnent conducted a detailed
review that focused o . ote tia averse impacts to important state resources and
f acilities, spe ifi aU r: air and gr ater pollution; w etlands and other surface waters of the
state; federal and state -- owned lands and interest M lards, including state parks,
r eenwa ys and trai c onservat i on easements, so y ld 'Waste, w and wast
treatment; and, where applicable, the Everglades ecosystem.
Based on our review of the proposed amendment, the D epartment has found no provisi
that requires comment under laws that form the b asis of the Departmenf s jurisdiction.
Thank you for the opportunity to comment on the proposed amendment aka e. Should
you have any questions or require further assistance, please c all me at (8 50) 245-2169.
Sincere
x
Chris Stahl
Office of hiter Pro
1�� Y
1a,.
-f ransportation
P101 I uz-,narhnent Of
11-1�
RI SCOTT
G OVERNO R
NO
1 000 N 111 Avenue
Miami, Florida 331 --5
A-N PD, P.E.
S L - rA Y
April 3, 2012
Ray Eubanks, Plan Processin-g Administrator
Department of E conomic Opportunity
Community Planning and Development
East Madison Street
Caldwell ell Building, MS-c 160
Tallahassee, Florida 32399
AVAv,
Subject; comments for the Proposed Comprehensive Plan Amendment,
Monroe Co #2 -2ACSC
Dear Mr. Eubanks
The Florida Department of Transportation, District Six, completed a review of the
Proposed Comprehensive Flan Amendment, Monroe county, 2 -2 CSC. The
District reviewed the amendment package per Chapter 163 Florida Statutes and
found that one of the proposed am endments has the potential to adversel � riy ++ ylr im ct
* transportation resources and facilities of state i mportance. Below are general
planning comments for the county} consideration. Please contact Ken Jeffries at
305 -0-5445 if you have any questions concerning our response.
,DOT advises the county to provide data and analysis for the potential
impacts of Resolution Number 025-2012 on State ro Specifically, the
potential for Mixed Use /commercial properties to rezone to Maritime
Industries and develop a a hi gher intensity should be analyzed.
Alternatively, if the county does not wish to increase the potential amount of
development allowed under Mixed Us e/Commercial, it is recommended that
the county limit the maximum intensity of development under Mixed
Use /commercial to 0.45 FAR (the existing maximum intensity) for all zoning
designations.
Sincerely,
C . r
Phil Steinmiller
District Planning Manager
i n n ■ n a r .-J - � .--. 4 - i. - rf . - -
April 3, 2012
Page 2 of 2
C : Harold Desdunes, PE, Florida Department of Transp ortation, District 6
Aileen Boucle, IC, Florida Department o rrtti, District 6
Christine Hurley, Monroe County
Mye Samri, Monroe County
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