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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 # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1 r- = w t, } 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 23 24 25 26 27 28 29 30 31 32 33 34 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 Page 1 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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 Page 2 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 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 Page 3 of 12 ME ■t■ ■E M■ ONE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 Page 4 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 Page 5 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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 Page 6 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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 Page 7 of 12 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. 9 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) 28 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) 35 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. 39 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 File # 2012 -041 Page 8 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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. File # 2012 -041 Page 9 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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 Page 10 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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 Page 11 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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 Page 12 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 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 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 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 �.w si ww�wif �.w rr b r CM CD , ' E C OUN r TT �,•, A P OVEOAS TO FORM 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 L Q� 0) U1 �X W Q N O _ M r+ (6 CA n n � ' Y 0 L a 0 L z rZ CA z ` z O ° Q O ct Q fl �� U) > °oaWO } o U .� N Q LL ca � moR ° = z °p o�} o �a> s� -� 'Ln 1 Q gmz p 0 H =Z( a `o�pzZ m N Nc�i�C a Q O w 0 O Q 0 O p Q Q Q z LL p H H 4 F�: a ( � •� a Q p O> w u Q 0 0 0 ± � ° ct �"c7� a� :'o w 0 0 0 O ~3 N O � a s —� Q O Q XQO< 00 w� =0 Q O m,0UI a Eo Q �l 0 —F LL, --0 M It= N 6 LU CA �� N Cl a p w E 4i J z� p o> u L o L Ql _ O> m�oc0 N �OpaQa ~ 0 ° Oz c o �� 3 O U a °° a a`" OO C-1 0 � � 0-8 �n a�'a0 ° 0 Qaaul �Q Q O O °L O CA CY 0. Ol a �O 0 Q 0 >joc> i °9 o T > v < c7 Laa Na c�vZp(A — m w oo ° ° o °aF m o 3 0 "'1•W \ V 0) J LL juauipuauj)V dpVV Fiplja/\o ja!j Fijunog aoluoVV 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 Z o 0 ° o . . C) 0 0 0 0 0 0 0 0 0 0 0 0 0 00 °0 0 00 r' I 0 O 0 O pp N L H Lr) r O N N >+ a N O O z O 0 O Q O L I— ' O 2 O O O 0 O 00 00 O 4 W LU O O 0 0 0 0 p L 00 0 O 0 +r 0 0 0 ca M O N E r-1 0 0 0 O O 0 O U O O O O cn O O O O 00 O � O O O O O U) Z5 O O O Z rn CL v N � N N O O o 0 4- V L U) L 0 L O 4a E E Q N r-I O N N O N 0 O � N N O D � 4A � N � N er — e- eq G§ bar — X 2 W A 9 0