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Item B1 - MONROE COUNTY COMPREHENSIVE PLAN UPDATE NOTE REGARDING AMENDMENT FORMATTING. Draft Plan amendments are presented in strikethrough/underline format, indicating proposed deletions/additions to the current, adopted, Monroe County: Year 2010 Comprehensive Plan (Plan). Two specific types of amendments have been highlighted throughout the draft Plan: 1 Highlighted. 'in .red. are amendments recommended ii3y the Planning Commission. These include PC�initiated amendments based new issues raised at PC meetings, as well as proposed amendments that the RC reco nmended,,to got includes in the draft Plan. 2. Highlighted,in‘grey are amendments recommended by S since the time of the PlanningCommission',s November 15, 2013 public hearing. These primarily include amendments based on public input and new infoiiiation available to staff after the PC meetings (for example,,proposing policy amendments related to not allowing the reversal of lot aggregations but allowing the points to be transferred to a new applicant). ' Binders are assembled to reflect the order in which sections will be reviewed during. the three special BOCC meetings (except the glossary which has been.placed at the end of the binder since it will be reference during each special meeting). This is not the final order of the Plan. The Elements will be reorganized at the time of transmittal to. reflect the final order of the Plan. The Evaluation and Appraisal Report (EAR) was completed and adopted by the BOCC on May 22 2012. The EAR yielded 120+ recommendations to update the Plan: relating to issues such as, economic sustainability, water dependent/water related uses, natural resource protection, climate change, affordable housing, public involvement, statutorily required amendments, etc. For ease in review and reference, the attached table has been provided with the EAR Issues & Strategies adopted by.BOCC in May 2012 and the corresponding proposed amendment by Comp Plan Element and Element Page number. 1 Meeting l: .. Date: Friday,March 21,2014 Time: 10:00 a.m. Location: Marathon Government Center,2798 Overseas Highway The BOCC will be reviewing the following: • Introduction and Background • Mass Transit Element • Traffic Circulation Element • Capital Improvements Element • Conservation and Coastal Management Element • Glossary(New) 1tNleeting? �.. Date: Wednesday, April 23,2014 Time: .10.00 a.m. Location: Marathon Government Center,2798 Overseas Highway The BOCC will be reviewing the following: • Energy and Climate Element(New) • Cultural Resources Element(Deleted) • Future Land Use Element iT • Intergovernmental Coordination Element • Ports, Aviation and Related Facilities Element • Recreation and Open Space Element • Glossary(New) [Meeting 3:F� ,1; Date: Thursday,May 22,2014 Time: 1000 a.m. Location: Marathon Government Center,2798 Overseas Highway The BOCC:will be reviewing the following: • Housing Element • Potable Water Element • Sanitary.Sewer Element .. . • Solid Waste Element • Drainage Element • Natural Groundwater Aquifer Recharge Element • Glossary(New) • Public Participation • Monitoring&Evaluation eycMONROE COUNTY COMPREHENSIVE PLAN UPDATE WWW KEYSCOMPPLAN COM (800)488-1255 TM� t I } 11nj i J t 1 41)t1t91tt M i; cz [: I t ' ,�_,�,1 ,.... _...,... � wl_ .,._. ..L,.--,d 4�+ 4^. 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Table of Contents Element Section Introductionand Background........................................................................................................................................1 MassTransit.............................................................................................................................................................................2 TrafficCirculation.................................................................................................................................................................3 CapitalImprovements.........................................................................................................................................................4 Conservation and Coastal Management....................................................................................................................5 Energyand Climate...............................................................................................................................................................6 CulturalResources................................................................................................................................................................7 FutureLand Use......................................................................................................................................................................8 Intergovernmental Coordination.................................................................................................................................9 Ports, Aviation and Related Facilities.....................................................................................................................10 Recreationand Open Space...........................................................................................................................................11 Housing.....................................................................................................................................................................................12 PotableWater.......................................................................................................................................................................13 SanitarySewer......................................................................................................................................................................14 SolidWaste.............................................................................................................................................................................15 Drainage...................................................................................................................................................................................16 Natural Groundwater and Aquifer Recharge......................................................................................................17 Public Participation and Comment...........................................................................................................................18 Monitoring and Evaluation Procedures.................................................................................................................19 Glossary.................................................................................................................................................................................... 20 Table of Contents Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 MEETINe_ ,103 Friday, March 21, 2014 1.0 Introduction and 2.0 Backgriutrid • Monroe County Comprehensive Plan Update 1.0 INTRODUCTION & BACKGROUND Introduction: Monroe County includes the Mainland area and over 1,700 islands which lie along the Florida Straits, dividing the Atlantic Ocean to the east from the Gulf of Mexico to the west, and defining one edge of the Florida Bay. The mainland part of the County is made up of the Everglades National Park and the southern portion of Big Cypress National Preserve. The Florida Keys extend 233 miles southwestward in a gradual arc from Biscayne Bay to the Dry Tortugas in the Gulf of Mexico. The Florida Keys, that are within Monroe County, are a chain of islands located in Monroe County that are connected by 110 miles of US Highway 1, extending from Key Largo to Key West, representing the most southerly_ point of the continental United States. The surrounding water is designated an Outstanding Florida Water and includes the Florida Keys National Marine Sanctuary, the second largest marine sanctuary in the United States. The sensitive environment of the Florida Keys prompted its designation by the Administration Commission as an Area of Critical State Concern in December, 1975 and the Florida Legislature in 1979 (Section 380.0552, F. S.). The Florida Keys are the location of North America's only coral reef and the third largest coral reef system in the world. The Keys are also home to over 30 species of threatened and endangered species and is one of the most ecolouically diverse ecosystems in the United States. Federal and State government involvement in Monroe County (the "County") land use planning and decision -making is extensive due to the presence of these aquatic and terrestrial resources that are of regional and national significance. This involvement has heavily influenced the County's comprehensive planning process. Many of the County's goals, objectives, and policies have been mandated by the State pursuant to the Area of Critical State Concern designation. Pursuant to Sections 380.05 and 380.0552(7), F. S., all planning and development must be consistent with the Principles for Guiding Development adopted by the Florida Legislature for the Florida Keys area. 380.0552(7)_ F. S. - PRINCIPLES FOR GUIDING DEVELOPMENT. State, regional, and local agencies and units of government in the Florida Keys Area shall coordinate their plans and conduct their programs and regulatory activities consistent with the principles for guiding development as specified in chapter 27F-8, Florida Administrative Code, as amended effective August 23, 1984, which is adopted and incorporated herein by reference. For the purposes of reviewing the consistency of the adopted plan, or any amendments to that plan, with the principles for guiding development, and any amendments to the principles, the principles shall be construed as a whole and specific provisions may not be construed or applied in isolation from the other provisions. However, the principles for guiding development are repealed 18 months Introduction and Background 1 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update from July 1, 1986. After repeal, any plan amendments must be consistent with the following principles: (a) Strengthening local government capabilities for managing land use and development so that local government is able to achieve these objectives without continuing the Area of Critical State Concern designation. (b) Protecting shoreline and marine resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat. (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and their habitat. (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic development. (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. (f1 Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and ensuring that development is compatible with the unique historic character of the Florida Keys. (g) Protecting the historical heritage of the Florida Keys. (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments, including: 1. The Florida Keys Aqueduct and water supply facilities, 2. Sewage collection, treatment, and disposal facilities, 3. Solid waste treatment. collection_ and diSDosal faciliti 4. Key West Naval Air Station and other military facilities, 5. Transportation facilities, 6. Federal parks, wildlife refuges, and marine sanctuaries, 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties, 8. City electric service and the Florida Keys Electric Co-op, and 9. Other utilities, as appropriate. (i) Protecting and improving water quality by providing for the construction, operation, maintenance, and replacement of stormwater management facilities, central sewage collection, treatment and disposal facilities, and the installation and proper operation and maintenance of onsite sewage treatment and disposal systems. (i) Ensuring the improvement of nearshore water quality by requiring the construction and operation of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as applicable, and by directing_ growth to areas served by central wastewater treatment facilities through permit allocation systems. (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys. (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys. (m) Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a post disaster reconstruction plan. Introduction and Background 2 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the Florida Keys as a unique Florida resource. Additionally, in Rule 28-20.140, F.A.C., the State has adopted a Work Program and reporting requirements for the County. Beginning November 30, 2011, Monroe County and the State Land Planning Agency annually reports to the Administration Commission (Commission) documenting the degree to which the work program objectives for the work program year have been achieved. The Commission considers the findings and recommendations provided in those reports and determines whether progress has been achieved. WORK PROGRAM. (a) Carrying Capacity Study Implementation. 1. By July 1, 2012, Monroe County shall adopt the conservation planning mapping (the Tier Zoning Overlay Maps and System) into the Comprehensive Plan based upon the recommendations of the Tier Designation Review Committee with the adjusted Tier boundaries. 2. By July 1, 2012, Monroe County shall adjust the Tier I and Tier IIIA (SPA) boundaries to more accurately reflect the criteria for that Tier as amended by Final Order DCA07- GM166 and implement the Florida Keys Carrying Capacity Study, utilizing the updated habitat data, and based upon the recommendations of the Tier Designation Review Committee Work Group. 3. By July 1, 2012, Monroe County shall create Goal 106 to complete the 10 Year Work Program found in Rule 28-20.110, F.A.C., and to establish objectives to develop a build -out horizon in the Florida Keys and adopt conservation planning mapping into the Comprehensive Plan. 4. By July 1, 2012, Monroe County shall create Objective 106.2 to adopt conservation planning mapping (Tier Maps) into the Monroe Comprehensive Plan based upon the recommendations of the Tier Designation Review Committee Work Groin 5. By July 1, 2012, Monroe County shall adopt Policy 106.2.1 to require the preparation of updated habitat data and establish a regular schedule for continued update to coincide with evaluation and appraisal report timelines. 6. By July 1, 2012, Monroe County shall adopt Policy 106.2.2 to establish the Tier Designation Work Group Review Committee to consist of representatives selected by the Florida Department of Community Affairs from Monroe County, Florida Fish & Wildlife Conservation Commission, United States Fish & Wildlife Service, Department of Environmental Protection and environmental and other relevant interests. This Committee shall be tasked with the responsibility of Tier designation review utilizing the criteria for Tier placement and best available data to recommend amendments to ensure implementation of and adherence to the Florida Keys Carrying Capacity Study_ These proposed amendments shall be recommended during 2009 and subsequently coincide with the Evaluation and Appraisal report timelines beginning with the second Evaluation and Appraisal review which follows the adoption of the revised Tier System and Maps as required above adopted in 2011. Each evaluation and appraisal report Introduction and Background 3 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update submitted following the 2011 evaluation and appraisal report shall also include an analysis and recommendations based upon the process described above. 7. By July 1, 2012 and each July thereafter, Monroe County and the Monroe County Land Authority shall submit a report annually to the Administration Commission on the land acquisition funding and efforts in the Florida Keys to purchase Tier I and Big Pine Key Tier II lands and the purchase of parcels where a Monroe County building permit allocation has been denied for four (4) years or more. The report shall include an identification of all sources of funds and assessment of fund balances within those sources available to the County and the Monroe County Land Authority_ 8. By July 1, 2012, Monroe County shall adopt Land Development Regulations to require that administrative relief in the form of the issuance of a building permit is not allowed for lands within the Florida Forever targeted acquisition areas or Tier I lands unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined the parcel will not be purchased by any county, State, federal or any private entity. The County shall develop a mechanism to routinely notify the Department of Environmental Protection of upcoming administrative relief requests at least 6 months prior to the deadline for administrative relief. 9. By July 1, 2012, in order to implement the Florida Keys Carrying Capacity Study, Monroe County shall adopt a Comprehensive Plan Policy to discourage private applications for future land use changes which increase allowable density/intensity. 10. By July 1, 2011, Monroe County shall evaluate its land acquisition needs and State and federal funding opportunities and apply annually to at least one State or federal land acquisition grant program. 11. By Julv 1. 2012_ Monroe Countv shall enter into a memorandum of understanding with the Department of Community Affairs, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony Beach, and Layton after a notice and comment period of at least 30 days for interested parties. The memorandum of understanding shall stipulate, based on professionally acceptable data and analysis, the input variables and assumptions, including regional considerations, for utilizing the Florida Keys Hurricane Evacuation Model or other models acceptable to the Department to accurately depict evacuation clearance times for the population of the Florida Keys. 12. By July 1, 2012, the Florida Keys Hurricane Evacuation Model shall be run with the agreed upon variables from the memorandum of understanding to complete an analysis of maximum build -out capacity for the Florida Keys Area of Critical State Concern, consistent with the requirement to maintain a 24-hour evacuation clearance time and the Florida Keys Carrying Capacity Study constraints. This analysis shall be prepared in coordination with the Department of Community Affairs and each municipality in the Keys. 13. By July 1, 2012, the County and the Department of Community Affairs shall update the data for the Florida Keys Hurricane Evacuation Model as professionally acceptable sources of information are released (such as the Census, American Communities Survey Bureau of Economic and Business Research. and other studies). The Countv shall also evaluate and address appropriate adjustments to the hurricane evacuation model within each Evaluation and Appraisal Report. Introduction and Background 4 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update 14. By July 1, 2012, the Department of Community Affairs shall apply the derived clearance time to assess and determine the remaining allocations for the Florida Keys Areas of Critical State Concern. The Department will recommend appropriate revisions to the Administration Commission regarding the allocation rates and distribution of allocations to Monroe County, Marathon, Islamorada, Key West, Layton and Key Colony Beach or identify alternative evacuation strategies that support the 24 hour evacuation clearance time. If necessary, the Department of Community Affairs shall work with each local government to amend the Comprehensive Plans to reflect revised allocation rates and distributions or propose rule making to the Administration Commission. 15. By July 1, 2013, if necessary, the Department of Community Affairs shall work with each local government to amend the Comprehensive Plan to reflect revised allocation rates and distribution or propose rule making to the Administration Commission. (b) Wastewater Implementation. 1. By July 1, 2011, Monroe County shall annually evaluate and allocate funding for wastewater implementation. Monroe County shall identify any funding in the annual update to the Capital Improvements Element of the Comprehensive Plan. 2. By December 1, 2013, Monroe County shall work with the owners of wastewater facilities and onsite systems throughout the County and the Department of Health (DOH) and the Department of Environmental Protection (DEP) to fulfill the requirements of Sections 403.086(10) and 381.0065(3)(h) and (4)(1), F.S., regarding implementation of wastewater treatment and disposal. This will include coordination of actions with DOH and DEP to notify owners regarding systems that will not meet the 2015 treatment and disposal standards. 3. By July 1, 2011, Monroe County shall annually draft a resolution requesting the issuance of $50 million of the $200 million of bonds authorized under Section 215.619, F.S., and an appropriation of sufficient debt service for those bonds, for the construction of wastewater projects within the Florida Keys. 4. By July 1, 2011, Monroe County shall develop a mechanism to provide accurate and timely information and establish the County's annual funding allocations necessary to provide evidence of unmet funding needs to support the issuance of bonds authorized under Section 215.619, F.S., and to assure the timely completion of work as necessary to fulfill any terms and conditions associated with bonds. 5. By July 1, 2011, Monroe County shall evaluate its wastewater needs and State and federal funding opportunities and apply annually to at least one State or federal grant program for wastewater projects and connections. 6. By July 1, 2011, Monroe County shall develop and implement local funding programs necessary to timely fund wastewater construction and future operation, maintenance and replacement of facilities. 7. By December 1, 2013, the County shall provide a report of addresses and the property appraiser's parcel numbers of any property owner that fails or refuses to connect to the central sewer facility within the required timeframe to the Monroe County Health Department, Department of Environmental Protection, and the Department of Introduction and Background 5 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Community Affairs. This report shall describe the status of the County's enforcement action. (c) Wastewater Project Implementation. 1. Key Largo Wastewater Treatment Facility. Key Largo Wastewater Treatment District is responsible for wastewater treatment in its service area and the completion of the Key Largo Wastewater Treatment Facility_ a. By July 1, 2012, Monroe County shall complete construction of the South Transmission Line, b. By July 1, 2013, Monroe County shall complete design of Collection basin C, E, F, G, H, I, J, and K, c. By July 1, 2012, Monroe County shall complete construction of Collection basins E-H, d. By December 1, 2011, Monroe County shall schedule construction of Collection basins I-K, e. By July 1, 2011, Monroe County shall complete construction of Collection basins I-K, f By July 1, 2011, Monroe County shall complete 50% of hook-ups to Key Largo Regional WWTP; g. By July 1, 2012, Monroe County shall complete 75% of hook-ups to Key Largo Regional WWTP; h. By July 1, 2013, Monroe County shall complete all remaining connections to Key Largo Regional WWTP. 2. Hawk's Cay, Duck Key and Conch Key Wastewater Treatment Facility_ a. By July 1, 2012, Monroe County shall complete construction of Hawk's Cay WWTP upgrade/expansion, transmission, and collection system, b. By July 1, 2013, Monroe County shall complete construction of Duck Key collection system, c. By July 1, 2012, Monroe County shall initiate property connections to Hawk's Cay WWTP; d. By December 1, 2012, Monroe County shall complete 50% of hook-ups to Hawk's Cay WWTP; e. By July 1, 2013, Monroe County shall complete 75% of hook-ups to Hawk's Cay WWTP; and f By July 1, 2014, Monroe County shall complete all remaining connections to Hawk's Cay WWTP. 3. South Lower Keys Wastewater Treatment Facility (Big Coppitt Regional System) a. By July 1, 2012, Monroe County shall complete 75% hookups to South Lower Keys WWTP; and b. By July 1, 2013, Monroe County shall complete all remaining connections to the South Lower Keys WWTP. 4. Cudjoe Regional Wastewater Treatment Facility_ a. By July 1, 2011, Monroe County shall complete planning and design documents for the Cudjoe Regional Wastewater Treatment Facility, the Central Area Introduction and Background 6 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update (Cudjoe, Summerland, Upper Sugarloaf) collection system and the Central Area Transmission Main, b. By October 1, 2012, Monroe County shall initiate construction of Wastewater Treatment Facility, Central Area Collection System and Central Area Transmission Main, c. By July 1, 2014, Monroe County shall initiate construction of Wastewater Treatment Facility, Central Area Collection System and Central Area Transmission Main, d. By February 1, 2012, Monroe County shall complete construction of Wastewater Treatment, Outer Area Collection System and Transmission Main, e. By February 1, 2015, Monroe County shall complete construction of Outer Area collection and transmission main, f By July 1, 2014, Monroe County shall initiate property connections — complete 25% of hook-ups to Cudjoe Regional WWTP; g. By July 1, 2015, Monroe County shall complete 50% of hook-ups to Cudjoe Regional WWTP; and h. By December 1, 2015, Monroe County shall complete remaining hook-ups to Cudjoe Regional WWTP. (d) Stormwater Treatment Facilities. 1. By July 1, 2011, Monroe County shall evaluate and allocate funding for stormwater implementation. Monroe County shall identify any funding in the annual update to the Capital Improvements Element of the Comprehensive Plan. 2. By July 1, 2011, Monroe County shall apply for stormwater grants from the South Florida Water Management District. 3. By July 1, 2011, Monroe County shall complete Card Sound Road stormwater improvements. Introduction and Background 7 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Background: The Monroe County Year 2030 Comprehensive Plan is divided into three volumes: a Technical Document, (data and analysis), Policy Document, (Comprehensive Plan), and Map Atlas. Technical Document: The 2030 Technical Document is intended to address the data, inventory, and analyses requirements of Chapter 163, Florida Statutes (F. S.). The data, inventory and analyses contained within the Technical document supports the development of goals, objectives, policies, and implementation programs established in the Policy Document component of the Monroe County 2030 Monroe County Comprehensive Plan. The Technical Document contains background information including the technical support data and analyses for the various elements of the plan. Comprehensive Plan: The Policy Document contains the goals, objectives and policies for each element, the capital improvements implementation program, and the Comprehensive Plan monitoring and evaluation procedures. Map Atlas: The Map Atlas contains maps depicting background information for the various elements (Existing Land Use, Natural Features, Existing Transportation, etc.), as well as the Future Land Use and Future Transportation Map series. In accordance with the requirements of RHIe 9i 5Chapter 163, F.A-G.-, S. Part 11 the Policy Document contains the following sections of the Comprehensive Plan adopted by the Board of County Commissioners (BOCC): *eThe Goals, Objectives and Policies of the plan, as well as the requirements for capital improvements implementation, including the Five- Year Schedule of Capital Improvements, contained in Chapter 3.0; . _;. ffi- 2. 4+eThe procedures for monitoring and evaluation of the plan, contained in Chapter -54.0; 3. The procedures for public participation and comment on the comprehensive planning process, contained in Chapter 5.0; and 2. the Plan n,a rtio Or-dinanee, eantained i nrro,,&E n -3-4.The map series included in the Map Atlas which depie depicts future conditions in Monroe County, Future Land Use and Future Transportation, also require adoption by the BOCC. The remainder of the map series contained in the Map Atlas and the background data and analyses contained in the Technical Document do not require adoption by the BOCC. Introduction and Background 8 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update The Goals, Objectives and Policies contained in Chapter 3.0 are the primary mechanism for implementation of the Comprehensive Plan. Goals, Objectives and Policies are presented for the following required elements: 1. Future Land Use 2. Conservation and Coastal Management 3. Traffic Circulation 4. Mass Transit 5. Ports, Aviation and Related Facilities 6. Housing 7. Potable Water 8. Solid Waste 9. Sanitary Sewer 10. Drainage 11. Natural Groundwater Aquifer Recharge 12. Recreation and Open Space 13. Intergovernmental Coordination 14. Capital Improvements 15. Energy and Climate MINE! I III IN VON <The Remainder of This Page Intentionally Left Blank> Introduction and Background 9 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update 2.0 GENERAL Policy 1 Implementation of this Plan, particularly: A. Policies 101.7.1and 3 (land acquisition for permit allocation system), 204.2.4-2 (100% open space ratio for salt marsh and buttonwood wetlands), 204.43.2 1 (wetland acquisition) and_ 901.2.1 (inspection of on -site sewage disposal systems); and B. Implementation of Objectives 901.4-3 (sewer master plan) and 1001.3 (star-fnwater- master- plan), as fatind in Table 3.1 (five year- sehedule of eapit will require funding which exceeds the reasonable budgetary constraints of Monroe County. As an Area of Critical State Concern and site of unique natural resources of national importance, Monroe County should not be expected to bear the sole burden of implementing these policies without substantial financial assistance. The State of Florida has made a substantial commitment to provide, and actively assist in securing, financial assistance to implement these policies. Accordingly, Monroe County will pursue, in cooperation with the State Land Planning Agency, all available federal, state and private funding sources for implementation of these policies and for preparation of studies and master plans identified in the Plan. Monroe County will commit to no less than 35% of the Monroe County Land Authority annual budget to the acquisition of lands rendered unbuildable by this Plan, and, where feasible, will commit additional funds from other local revenue sources. When an implementation date cannot be met by reason of unavailability of sufficient funds, —_that date will be extended by Plan amendment to the earliest date that is reasonably practical after receipt of sufficient funds. Policy 2 To provide specific interim criteria and standards pending the adoption and effective date of revisions to the land development regulations which are consistent with and further the policies set forth in this Plan, certain land development regulations in effect on the adoption date of this Plan have been incorporated by reference. Upon the effective date of revisions to the land development regulations which are required by and consistent with this Plan, all references in this Plan to prior land development regulations shall include or be superseded by such revisions. Introduction and Background 10 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update ••_ . Hip Policy 34 Monroe County shall be responsible to implement the Comprehensive Plan to the extent authorized by law. While all plan policies are contingent upon funding, many require substantial funds in order to be implemented. Therefore, the County shall be responsible to implement the objectives and policies enumerated in Policy 1 (a) and (b) above, to the extent that local funds for implementation are available, and to maintain and continue implementation to the extent that additional local funds or state and federal funds, become available. Further, the County, with the assistance of the State, shall determine the ultimate fiscal cost of implementing the plan and the federal, state and local fair share of implementation. By Adne 13, 2000, t][he County with the assistance of its state and federal partners the Eav-,,afne. 4.,ll n - tkeeti ,,, Ageney and the r epai4fne t f r,,.,,.,,,,n4y ^shall report to the Legislature the full fiscal cost of implementing the plan, the state and local shares of such implementation, and shall include recommendations for funding initiatives and alternatives for implementation. The report shall include a full cost/benefit analysis relative to the cost of providing facilities and services to development in the county compared to the cost of acquiring the remaining undeveloped land. Policy 54 Monroe County is not required to increase property taxes in order to provide funds necessary to implement this Plan. It is, however, required to commit its reasonably available funds to funding what the State Land Planning gency C.,,ti„ti,unity Aff-air-sand Monroe County ultimately agree is Monroe County's reasonable share of the cost of implementation. Policy 34 above, does not require Monroe County's taxpayers to bear the entire financial burden imposed by the Monroe County 2030 2010 Comprehensive Plan. Monroe County's commitment is limited to its reasonable ability to fund only part of the cost of implementation. To the extent that the state should assist Monroe County and does not, Monroe County is not required to provide such funds. Introduction and Background 11 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Policy g5 Florida's Growth Management System, including rules promulgated by the Administration Commission, has created major mandates of state requirements for Monroe County with respect to the County's designation as an area of critical state concern. These mandates, together with other federal statutes and programs, have created an interlocking partnership between the state, Monroe County and federal agencies to plan for and implement major environmental and growth management systems. This partnership entails responsibilities for the stateState, federal government, and County to work together in policy development and legal proceedings so responsibility for liabilities that arise from this partnership are fairly allocated. <The Remainder of This Pa,-e Intentionally Left Blank> Introduction and Background 12 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Comment Response Form Introduction and Background - Draft Comprehensive Plan Amendments — Comment Responses Commenter; Mayte'Santamaria, Monroe County via email; Thu 11 j8/2012 6:46 PM pg. 7 Delete #4, The Plan Title Ordinance. Accept all changes. Deleted #4. Pg. 9 Does the County wish to set aside 35% of the MCLA budget for this purpose? Commenter; Planning Commission Meeting, Monday, September 23, 2013 No Comments Received Draft Comprehensive Plan Amendments Comment Response Form Date; 2.26.14 MEETING #1 Friday, March 21, 2014 � 3.4 Mass Transit Element i Monroe County Comprehensive Plan Update 3.4 Mass Transit GOAL 401 T-E) prE ide- aMonroe County shall support the development of a coordinated surface transportation system for residents, visitors and transportation disadvantaged people within Monroe County ^„.' to e4are-our-age stieh ^ system for- all residents and guests in coordination with the City of Key West Department of Transportation KWDOT) and Miami -Dade Transit (MDT). Obiective 401.1 Monroe County shall encourage the provision of transit service for all visitors and residents to major trip generators. [9i 5.009(-'If §§ 163.3177(6)(b)44 and 3.a., F. S.l Policy 401.1.1 By Deeember- 31, -2406Within one (1) ,year of the adoption of the 2030 Comprehensive Plan, Monroe County shall adopt bland development Regulations regulations requiring retail shopping facilities, offices and similar uses generating over two thousand (2,000) trips per day be built to accommodate mass transit by being designed to include such features as adequate turning radii for large vehicles, direct access to sheltered areas with seating that can serve as a bus stop and pedestrian access to adjacent properties. Policy 401.1.2 Within one (1) year of the adoption of the 2030 Comprehensive Plan, Monroe County shall adopt land development regulations to encourage developers of major trip generators to provide transit facilities, pedestrian/bicycle paths and carpool facilities. Within :�welye (12) fneaths of the eff-eetiye dateofthe Gempr-ehensive Plan, Menr-ee Getinty shall adept land develepment r-egtiWie that favor- the eltister-ing of fn� a I i. - I ar-S afid transit oriented uses. Mafif:ae Gatifity shall adept land developmeat r-egulations that - 4 Peels, - transit f4eilities, and pedestriafelep+s. . . an inter-im meastir-e shall seek th )f inter-im meastir-es stieh as ear- pool . guests, and tat -;sty Policy 401.1.153 Monroe County shall continue to seek funds for the transportation disadvantaged and other transit and paratransit operations from all applicable F eder-alfederal, State, and other sources and shall continue to provide gas tax revenues to public transit and/or paratransit services. Mass Transit Element 1 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Policy 401.1.84 Due to the very narrow geography of the Florida Keys, limited U.S. 1 right-of- way and exclusive mass transit corridors, and limited rate of growth, Monroe County will not establish measures for the acquisition and preservation of transit rights -of -way and exclusive mass transit corridors. [ r 5.009(3)(b)3 Q. (e)2] <The Remainder of This Page Intentionally Left Blank> Mass Transit Element 2 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Obiective 401J2 Monroe County's Transportation Disadvantaged Program shall provide for services to the transportation disadvantaged and shall work in conjunction with the C4y-ef-Key West's Re�West Transit, the Designated Official Planning Agency DOPA and the Florida Department of Transportation in coordinating the provision of paratransit services. [9i 5 )(b)2i Policy 401.-32.1 Monroe County shall continue the Monroe County Disadvantaged Transportation Program for operating transportation programs in coordination with the Local Planning--Coordinatin Board (LCB) Key West Transit Aather-i�,„ and the Florida Department of Transportation. Policy 401.-32.2 Monroe County shall work with the beeal Planning Ofgafiizatie�fT however shall not assume the designation of a Community Transportation Coordinator or Designated Offieia Pl , ,: ,_ Age ieyDOPA due to the limited mission of the Monroe County Transportation Disadvantaged Program. Policy 401.-32.3 Monroe County shall continue to seek funds for the transportation disadvantaged from all applicable Pe�federal, State, Regien4Ee� onal and other sources in order to provide service and maintain a modern fleet of paratransit vehicles. Policy 401.232.4 Monroe County shall, through the Monroe County Transportation Disadvantaged Program and Planning Depai4fn *, annually review the FDOT District Six Five - Year Transportation Plan for potential improvements to facilitate additional in transit services. Policy 401.2.5 (Previous Policy 401.2.1) Monroe County shall strive to continue to provide service to the transportation disadvantaged eight (8) hours each weekday upon twenty-four (24) hours of notice. <The Remainder of This Pa,-e Intentionally Left Blank> Mass Transit Element 3 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Obiective 401.3 Monroe County shall plan and develop an intermodal transportation system that incorporates vehicles and alternative transportation modes such as mass transit and bicycle/pedestrian facilities. The County shall coordinate with other agencies and entities responsible for mass transit, bicycle/pedestrian and vehicle transportation improvements occurring County -wide. Policy 401.3.1 By May 2021, Monroe County shall complete a Transportation Strategy Master Plan, through its Long Range Transportation Plan to enhance mass transit for all residents and visitors. Policy 401.3.2 Monroe County shall continue to encourage the operation of the Lower Keys Shuttle Bus Service. <The Remainder of This Pa,-e Intentionally Left Blank> Mass Transit Element 4 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Comment Response Form Mass Transit Element Draft Comprehensive Plan Amendments — Comment Responses Commenter; Staff Commentsreceived through Mayte Santamaria via email on 11/8 j12 (for various elements combined) Why are we focused only on the "transportation disadvantaged people"? There is growing population of people with vehicles who would choose public The focus of MC in mass transit is for providing for the disadvantaged. Goal 401 transportation over private vehicle use if they had a safe Other agencies are responsible for targeting ridership which is not the MC and reliable alternative. Also, there is a large tourist base responsibility. who would utilize public transportation if we advertised (through the TDC) that they have options once they arrive via plane or shuttle. Policy 401.1.5 Same comment as above in Goal 401 here. MC only has responsibility for providing mass transit for the disadvantaged. Our current board policy is that shelters get installed for free and trash is removed by a contractor in exchange for allowing them to advertise on the shelters. This policy implies that we are going to start paying for improvements not sure if that is accurate. Judy - I am not sure that we collect "highway impact Recommended that this policy be deleted since MC is only responsible for Policy 401.1.6 fees" I could be wrong but I only know of our usual the disadvantaged which would not have an impact on reducing highway transportation impact fees. Also, the comment that capacity. county funds are not being used for the KWDOT and MDT is not entirely correct. Monroe County contributed $50,000 last year (I am pretty sure its an annual thing) through an ILA with KW and Marathon to help fund the Lower Keys Shuttle. It is true that we don't currently fund the MDT bus service. Commenter; Mayte'Santamaria email dated June 27, 2012' Objective 401.4 New objective and policy created by Mayte S. and Trish S. Added as requested. and Policy 401.4.1 Draft Comprehensive Plan Amendments Comment Response Form Date; 2.26.14 Commenter; DRC, Review Meeting: Wed, 2/13/13 K&S Comments: No. They are various committees and agencies established under F. S. (Florida Commission for the Trans. Disadvantaged). The process for establishment of the MC Trans Disadvan. Objective 401.3 Three organizations; Official Planning Agency, Local Program is provided within F.S. The Designated Official Planning Agency and associated Planning Agency; Local Coodinating Board. Are they the (DOPA) is the Health Council of South Florida. Local Planning policies same? Who are they? Organization is now called the Local Coordinating Board (LCB), which consists of representatives from various agencies throughout the County and also includes reps from the Health Council. The Community Transportation Coordinator is the Guidance Clinic. Policies have been revised accordingly. Commenter; County staff, through Mayte Santamaria, via email: Tue 9 j3/2013 6:44 PM 6 B NONE=, 4& Various edits, additions and deletions offered by County Accepted staff Commenter: Planning Commission, Monday, September 23, 2013 A B A 9B No Comments Received. Draft Comprehensive Plan Amendments Comment Response Form Date: 2.26.14 MEETING #1 Friday, March 21, 2014 3.3 Traffic Circulation Element Monroe County Comprehensive Plan Update 3.3 Traffic Circulation GOAL 301 To provide a safe, convenient, efficient, and environmentally -compatible motorized and non - motorized transportation system for the movement of people and goods in Monroe County. {93- 5nn7(3)(a i [[ 163.3177(6)(b), F.S.I Obiective 301.1 Monroe County shall Bestablish level of service (LOS) standards for all ap ved roads in Monroe County for the purpose of determining existing and future roadway needs. {93- 53(e)Ht 163.3177 6)(b), F.S.l Policy 301.1.1 For all County roads, Monroe County hereby adopts a minimum peak hour level of service (LOS) standard of D Tr-aasp tie T-) note, a i ogy for- deter-mination of LOS, c ,R measured by the methodology identified in the most recent edition of the Highway Capacity Manual,- as necessary to determine proposed development impacts. The County shall maintain the level of service on County roads within five percent (5%) of LOS D. [ r c nn7(w" Policy 301.1.2 For US-U.S. 1, Monroe County hereby adopts a level of service (LOS) standard of C, on an overall basis (along the entire length of U.S.1), based an as measured by the methodology established by the US-U.S. 1 LOS Task Force and adopted by the Board of County Commissioners in August 1991 tha logy epplaees--a pea, hat - . l„ri,o standard for- US 1. The level of service on US-U.S. 1 shall be maintained within five percent (5%) of LOS C7.[§163.3177(6)(b)l.a., F.S.I Policy 301.1.3 Monroe Countv shall coordinate with municipalities in the review of the systematic traffic monitoring program to monitor traffic volumes and travel speeds of U.S. 1 as well as on each of the 24 study segments on U.S. I. The County and municipalities shall coordinate with FDOT to evaluate segments with deficiencies of LOS to determine necessary improvements and strategies to address any degradation and/or deficiencies. Policy 301.1.4 Monroe County shall update its Long Range Transportation Plan to include roadway improvements on County owned roads designed to improve the LOS on U.S. 1. <The Remainder of This Pa,-e Intentionally Left Blank> Traffic Circulation Element 1 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Obiective 301.2 Monroe County shall Eensure that all paved roads have sufficient capacity to serve development at the adopted LOS standards concurrent with the impact of said development. (e)74 f§163.3177(6)(b)l.a., F.S.l Policy 301.2.1 Monroe County, in coordination with the FDOT, shall continue the systematic traffic monitoring program initiated in March 1991, e an o,,,,' b s: s, to monitor peak season traffic volumes at permanent count stations and travel speeds on the overall length of U.S. 1 and on each of 24 study segments of US-U.S. 1, and to determine the cumulative impact of development and through traffic. Monroe County shall use the methodology developed by the US-U.S. 1 LOS Task Force composed of representatives from Monroe County, FDOT, and DC-Athe Department of Economic Opportunity (DEO) for conducting this analysis and shall request that the Task Force update and refine the methodology's assumptions on a periodic basis when new data becomes available. f § 163.3177(6)(b)l.b., F. S.l Policy 301.2.2 Monroe County shall utilize the results of the systematic traffic monitoring program for development approval process and to evaluate any potential degradation in LOS and the need for improvements in order to achieve and maintain the adopted LOS standard. Policy 301.2.-23 Monroe County shall not permit new development which, i ,.,,v,,binatio with all ether- d&velepment, would significantly degrade the LOS below the adopted LOS standards on U.S. 1 and any segment identified in the systematic traffic monitoring program with deficiencies unless the impact is mitigated. The development of a single family residential unit shall be considered de minimis and shall not be subject to this requirement. A five percent projected decrease in travel speeds, below LOS C, is a significant degradation in the level of service on US- U.S. 1. Traffic volume which exceeds the LOS D standard by more than five percent is a significant degradation in the level of service on any other County road. f§163.3177(6)(b)I.e., F.S.I Policy 301.2.34 As approved by the County Commission on a case by case basis, Monroe County shall provide funding from gas taxes and impact fees to expedite F-DOT local projects rerod for management. • Traffic Circulation Element 2 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update U. l4!\����5�!!l� �J ll�l•fSSRR� Ii����J lll�J ll Policy 301.2.6 p�vpe t - whiehhmay ti'n*ifnately beTe ed for- implementation of tr-a�� ^c Monroe County shall continue to review and evaluate FDOT surplus property opportunities for the implementation of traffic circulation policies and goals. „� . • <The Remainder of This Pa,-e Intentionally Left Blank> Traffic Circulation Element 3 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Obiective 301.3 Monroe County shall encourage a multi -modal pedestrian tr-a-vel transportation system that is safe, convenient, and efficient, with complementary facilities to support non -motorized users. f§§163.3177(6)(b)1}., F.S.I Policy 301.3.1 , Annually, Monroe County shall prepare a plan fe update the Capital Improvement Plan to include coordinated bicycle path and pedestrian way improvements, where appropriate, emphasizing access to schools, parks, shopping centers, waterfront and tourist attractions, and other significant features identified in the Livable CommuniKeys Community Master Plan for the area. Coordination efforts should include affected citizens, local municipalities and the State. Policy 301.3.2 rm i rgr c nn7(3)(e)ci The County shall require that any development, occurring on or adjacent to the location of a planned bicycle or pedestrian facility as identified by the County, provide for the construction of that portion of the facility occurring within or adjacent to the development. If the facility has already been built, or if it will be constructed by an external agency, the development shall be connected to the facility in a safe and convenient manner to ensure that it is part of the development's overall transportation system. For state owned bicycle or pedestrian facility a connection permit shall be required. <The Remainder of This Pa,-e Intentionally Left Blank> Traffic Circulation Element 4 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Obiective 301.4 Monroe County shall plan for an intermodal transportation system that incorporates vehicles and alternative modes such as mass transit, and bicycle/pedestrian facilities. The County shall coordinate with other agencies and entities responsible for mass transit, bicycle/pedestrian and vehicle transportation improvements occurring County -wide. Policy 301.4.1 Monroe County shall complete a Transportation Strategy Master Plan, through its Long Range Transportation Plan, by May 2021, incorporating an intermodal transportation system and considerations of climate change implications. This date coincides with the Evaluation and Appraisal review which follows the adoption of the revised Comprehensive Plan. <The Remainder of This Page Intentionally Left Blank> Traffic Circulation Element 5 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Obiective 301.5 In order to coordinate the traffic circulation system with the future land uses shown on the Future Land Use Map, Monroe County shall implement the following policies. f 93- 5.007(3f § 163.3177(6)(b)24 d. F.S. Policy 301.45.1 The capacity of 4S-U.S. 1 in unincorporated Monroe County shall be limited to four lanes. Densities and intensities on the Future Land Use Map and allowed by the permit allocation system shall not exceed those that can be accommodated by the four lane limitation on 4S-U. S. 1. Policy 301.45.2 By May 2021, Monroe County shall update the County's Long Range Transportation Plan to consider climate change implications. <The Remainder of This Pa,-e Intentionally Left Blank> Traffic Circulation Element 6 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Obiective 301.56 in e e-Monroe County shall provide a transportation system that facilitates eensistent scenic corridor enhancement and beautification within the Florida Kevs. Policy 301.56.1 The Land Development p�a*Code shall continue to ensure that development along theear-r-idar-s a� US-1 Florida Keys Scenic Highway Corridor provides the landscaping and setbacks necessary to minimize impacts on the visual environment. Policy 301.156.2 The Land Development Regulations prepared pur-stiant to this eampr-eheasive Code shall continue to include regulations to minimize the impaets ef signs an the seenie beat4y fMaa r,,,,,,t.,si�n clutter. Policy 301.6.3 Monroe County supports the Vision, Goals, Objectives and Strategies of the Florida Scenic Highway Corridor Management Plan and the recommendations of the Florida Scenic Higkway Interpretive Master Plan in its transportation planning. (Ord. 022-2009) <The Remainder of This Pa,-e Intentionally Left Blank> Traffic Circulation Element 7 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Obiective 301.67 Monroe County shall a ensure the County's transportation plans are coordinated with the plans and programs of appropriate stateState agencies and local governments and are consistent with State and F ederA federal regulations_ [9j 5.00:71,"-'f §§ 163.3177(6)(b)-3} F.S. Policy 301.67.1 Each year, prior to the update of the FDOT District Six Five -Year Transportation Plan, Monroe County staff shall meet with officials from FDOT District 6 to review FDOT proposals for and recommend additional improvements to 4S-U.S. 1, to ensure County priorities are identified and incorporated. Policy 301.7.2 1 <previously Policy 301.7.3> In recognition of the physical and environmental constraints that may affect the widening of U.S. 1 to four lanes, Monroe County shall coordinate with FDOT on those portions of U.S. 1 that are shown as two lanes on the Future Traffic Circulation Map to maintain them as two lanes for the planning horizon. This policy shall not be construed so as to prohibit the addition of a third lane to be used as a continuous two-way turn lane for those segments with a demonstrated bublic safetv risk if the third lane has been demonstrated to be the safest alternative. [§163.3177(6)(b)l., F.S.l Policy 301.67.-23 Monroe County shall :,,maintain interlocal agreements with Key West, Key Colony Beach, Marathon, Islamorada and Layton addressing coordination of concurrency management with oversight by the South Florida Regional Planning Council. U. .• Policy 301.67.64 Traffic Circulation Element 8 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Monroe County supports the recommendations of the Florida Keys Overseas Heritage Trail Master Plan in its transportation planning. (Ord. 022-2009) <The Remainder of This Pa,-e Intentionally Left Blank> Traffic Circulation Element 9 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Obiective 301.78 i ear tee -Monroe County shall provide for the protection of existing and future rights - of -way ROW , ASTa County shall r-rri;mplemeiit the fallowing palieies by the dates Policy 301.8-7.1 By jantiaFy 41997 Mear-ae !`.,tia, , shal pr-avide eeifie right-6fr--vv-a, ay width Ftti4her-, -Monroe County staff shall participate in right-of-way planning and preservation efforts including, but not limited to, participating in updates to the FDOT corridor -wide master plan for District 6. Policy 301.78.2 Monroe County shall adopt .;s o smaintain tom land development Regttlatiens-regulations which prohibit unauthorized use of County public rights of T ayEOWs. [ r c nn7(3)(e)n, f§§163.3177(6)(b)l., F.S.l <The Remainder of This Pa,-e Intentionally Left Blank> Traffic Circulation Element 10 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Obiective 301.99 in er-d-ef Monroe County shall promote a safe, convenient, and efficient, multi -modal; yea transportation system, Maar-ae County shall ; rleme * the f llOWifig r0li6 es [9j 5.007(3)(e iHL 163.3177 6)(b), F. S.l V. , .. .. im • Policy 301.99.21 m^r* R^mflat ^rsMonroe County shall maintain revisions to the Land Development Code to include guidelines and criteria consistent with nationally - recognized standards which provide for safe and convenient on -site traffic now, interconnectivity between sites, adequate pedestrian ways and sidewalks, as well as sufficient on -site parking for both motorized and non -motorized vehicles. {93- <The Remainder of This Pa,-e Intentionally Left Blank> Traffic Circulation Element 11 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Comment Response Form Traffic Circulation Element Draft Comprehensive Plan Amendments—Comment Responses Commenter: Staff Comments received through Mayte Santamaria via email on 11/8/12(for various elements.combined)., locatioh conilnent k&S jiesPonse Obj.301.1 "all roads"would include unpaved roads and local roads Agree, revised as requested. managed by the county.Are you sure that we want to start measuring level of service on county roads,especially in our rural areas?Amend to only paved roads Policy 301.1.1 How would we measure this policy?We don't have a This refers to LOS. Liz mentioned that the County may remove LOS for program in place or a dedicated funding source to do this. traffic. What is the status of this? It will affect many GOPs for the amendment. Policy 301.1.2 References 2010 Time Travel and Delay Study.We have Please provide K&S with copies of these studies. two newer studies available. Objective 301.2 All roads including paved and unpaved?Amend to only Agree,revised as requested. paved roads Policy 301.2.3 • You may want to double check with the county Revised to remove FDOT and added "County, Municipal or State projects" attorney,but I am not sure we can use gas tax money on the FDOT property. • Can we spend local gas tax money on US 1?Is there anything restricting it to use on secondary roads? 12-13-12 email from Mayte with Christine Hurley&Trish Smith comments—CH:No harm in leaving this policy.It is IF the BOCC decides to use their gas tax and impact fees on state roadways.The law allows it;TS:Shouldn't we remove FDOT?Why wouldn't be keep it broad to include all roadways(county,state and municipal) • 1 Draft Comprehensive Plan Amendments Comment Response Form Date:2-26-14 Policy 301.2.6 • County shouldn't dictate FDOT policy.Their current No change in the policy made policy is that if they don't need it,they offer it to the local jurisdiction for a public purpose or to the adjacent landowner for his use. Perhaps this policy should be changed to say"the county will continue to review and evaluate FDOT surplus property opportunities for the implementation of traffic circulation policies and goals." • 12-13-12 Comment from email from Mayte with Christine Hurley and Trish Smith comments—CH Keep it. We do it now. They send us their surplus list and we get first dibs at obtaining ownership of the land. We have built lift stations this way; TS:the way this policy reads,it says that we have the right to tell FDOT not to surplus in case we have a future need. The FDOT policy allows us first option, but if we don't exercise the option when they ask,they have the right to transfer it to the adjacent landowner. Objective 301.3 • Where will we do this—US 1 or on county roads?Why • Agree, revised objective to reflect a broader objective of making the only four additional miles of bike or pedestrian path? County more bike and ped friendly. This is inconsistent with other areas of the comp plan where we say we will build a multi modal transportation system. This year alone approximately 26 miles of bike trail will be added to US 1(6 by the county),and a bike lane will be added to 905. Why not make a more concrete objective like, "Monroe County will upgrade roads and bridges to incorporate facilities for bicycles and pedestrians as part of their. Road and Bridge Plan(or Capital Improvements plan (or whatever they are calling it these days) • Judy-Information purposes:currently bike lanes on both sides of approx. 10 miles of CR 905 from US 1 to Ocean Reef is in design;approx.6 miles on bayside of US 1 shared use path is under design. I'm not sure if it counts but many miles of overseas heritage trail are under construction. 2 Draft Comprehensive Plan Amendments Comment Response Form Date:2-26-14 • There are no policies to support this objective. • There are 2 policies. We revised them. "Monroe County will upgrade roads and bridges to Agree to the suggested amendment and revised policy 301.3.1 to the 301.3.1 incorporate facilities for bicycles and pedestrians as part of "Monroe County Seven Year Roadway and Bicycle Path Plan"that is noted their Road and Bridge Plan(or Capital Improvements plan in the Traffic Circulation Tec Doc, Page 7. (or whatever they are calling it these days) Revised policy to assure either development pays for County constructed 301.3.2 bike facilities and connect their development to existing or those facilities that are funded by external agencies,e.g., FDOT. Who implements this?What is intended regarding Staff must answer all these questions and recommend specific text Policy 301.7.1 additional improvements"?is this general? More specific? change or advise to delete. How do we know/vet county(commissioners?)to know priorities? Same comments as above; How to we collect/ To be discussed/reviewed at DRC prioritize/vet/whatever/the county priorities? Policy 301.8.1 12-13-12 Comment from Trish Smith:This policy may ultimately conflict with the new policies Mayte is drafting re:LOS(see me for details) Commenter: Staff Comments received through Mayte Santamaria via email on 12/13/12(also see other comments from this email above,as noted) Christine Hurley:Ask Raj and see if there is anything in the To be further discussed at DRC meeting. No change to policy made at this LDC about it; Trish Smith: I think this entire policy may time. Policy 301.2.2 need to be reworded as Mayte and Joe work on the revisions to the LDC; Mayte: I talked to Raj,stated the last sentence is correct for local roads which do not have a "unique"methodology. Commenter: DRC Review Meeting:Wed 2/13/13 Lbtatio i _ tbhihieht kt.S jtes iise _._ _.. Objective 301.2 _, , , _ , , , „__,. ._ De Minimis ., „ ,.,.,. - , Policies 301.2.1 and Policy 301.2.3(Previously 301.2.2) Flag per Trish for follow-up New Policy 301.3.3 Road access Revised text(per meeting)for review:Objective 301.4: Monroe County shall plan for an intermodal transportation system that incorporates vehicles and alternative modes such as mass transit,and New Objective 301.4 and Policy 301.4.1: bicycle/pedestrian facilities.The County shall coordinate with other agencies and entities responsible for mass transit,bicycle/pedestrian and vehicle transportation improvements occurring County-wide. Policy 301.4.1: Monroe County shall complete a Transportation Strategy 3 Draft Comprehensive Plan Amendments Comment Response Form Date:2-26-14 Master Plan,through its Long Range Transportation Plan, by May 1, 2021 (date coincides with the second Evaluation and Appraisal review which follows the adoption of the revised Comprehensive Plan). Policy 301.5.2 May 1, 2014 date Revised text based upon DRC discussion: Monroe County shall provide a Objective 301.6 and associated policies transportation system that facilitates scenic corridor enhancement and beautification within the Florida Keys. Objective 301.8 and Associated Policies Right of Way Commenter: Staff Comments received through Mayte Santamaria via email: Tue 9/3/2013 6:44 PM Ldbd (dh CbHihiefit kks i#es(3tist? Various edits,additions and deletions offered by staff. Accepted Commenter: Planning Commission,Monday,September 23,2013 j i3Ea#itfh irdlfiliieli� _. .. � k$i§kLspttiisb . . 301.2.5 Revised by staff. Accepted. 301.3.1 Add waterfront tourist attractions and coordination with Revised per request. the individual LCPs. 4 Draft Comprehensive Plan Amendments Comment Response Form Date:2-26-14 MEETING #1 Friday, March 21, 2014 3.14 Capital Improvements Element Monroe County Comprehensive Plan Update 3.14 CAPITAL IMPROVEMENTS CnAT, 1d(11 Monroe County shall provide and maintain, in a timely and efficient manner, adequate public facilities for both existing and future populations, consistent with available financial resources and the other elements of the Comprehensive Plan. [ T�f § 163.3177(3)(a}} F.S. Obiective 1401.1 Monroe County shall provide the capital improvements necessary to correct existing deficiencies, to accommodate projected future growth, and to replace obsolete and worn- out facilities, in accordance with an adopted Capital Improvements Program. {93- 5-916f§163.3177(3)(ba)14., F.S.I Policy 1401.1.1 Monroe County shall r-eviseupdate annually the existing County Capital Improvements Program to incorporate the improvements identified in the Five -Year Schedule of Capital Improvements i�e't�Table 4.1 of Capital "p-,,. eme is implementation. R163.3177(3)(a)5.(b), F.S.I Policy 1401.1.2 Monroe County shall annually update the Comprehensive Plan Five -Year Schedule of Capital Improvements. Proposed revisions to the Schedule, including those addressing the replacement and renewal of capital facilities, shall be evaluated,— and updated, and r-ank in accordance with the following considerations (not listed in order of priority): 1. consistency with the relevant elements of the Comprehensive Plan; 2. the elimination of public hazards; 3. consider sea level rise projections as they relate to transportation and bridging projects in particular, 4. the County's need for financial expenditures for infrastructure improvements within or proximate to vulnerable areas, -3--5. the elimination of existing deficiencies; 46. financial feasibility including the impact on the annual operating and capital budgets; -S-.7. the location in relation to the Future Land Use Map; M3 Capital Improvements accommodation of the demands from redevelopment and new development; 1 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update -7-.9. the consistency of the improvement relative to the plans of state agencies and the South Florida Water Management District; and 8-10. the availability of other revenue sources including, but not limited to, FDOT Project funding and FDOT Traffic Operations funds from District Dedicated Revenue (DDR) sources. Revisions to the schedule shall be incorporated into the Capital Improvements Program on an annual basis. {9i-04-6L§ 63.3177(3)(e) a)5.(b), F.S.I Policy 1401.1.3 Capital improvement projects required to correct existing facility deficiencies shall receive priority over those projects required to serve future development. {9i 5-916f §§ 163.3177(3)(sa)1}., F. S.l . 1 ... Nmll • E- �_ .. .. .I �. <The Remainder of This Pa,-e Intentionally Left Blank> Capital Improvements 2 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update �i MW,Rik 01 ckpw -a� rwdrt2D14-= -�� Capital Improvements_ 3 Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 Monroe County Comprehensive Plan Update B • �mmmmm0� Capital Improvements_ 4 Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 Monroe County Comprehensive Plan Update NW&m* eww I Awn I AIRS I Vw I wfin I "M Capital Improvements_ 5 Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 Monroe County Comprehensive Plan Update B��mmmmm0l B��mmmmm0l E=EmEM�E J ?MI Capital Improvements_ 6 Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 Monroe County Comprehensive Plan Update B �mmmmm0l Capital Improvements_ 7 Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 Monroe County Comprehensive Plan Update B mmmmm0l Capital Improvements_ 8 Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 Monroe County Comprehensive Plan Update B �mmmmm0l A. - Capital Improvements_ 9 Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 Monroe County Comprehensive Plan Update Capital Improvements_ 10 Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 Monroe County Comprehensive Plan Update B �mmmmm0l Capital Improvements_ it Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 Monroe County Comprehensive Plan Update B �mmmmm0l Capital Improvements_ 12 Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 Monroe County Comprehensive Plan Update B �mmmmm0� Capital Improvements_ 13 Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 Monroe County Comprehensive Plan Update B �mmmmm0l Capital Improvements_ 14 Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 Monroe County Comprehensive Plan Update - Capital Improvements_ 15 Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 FM*dT& I PRO I hr-F&W ftiwA0%ftwM M�TSM"w Monroe County Comprehensive Plan Update Capital Improvements_ 16 Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 Monroe County Comprehensive Plan Update rmodlib I PRO I W-rid Capital Improvements_ 17 Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 Monroe County Comprehensive Plan Update 8� 11 . 1 w1jr I' Capital Improvements_ 18 Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 Monroe County Comprehensive Plan Update WWT& I PRO I kp,*w Ld � iie �odiktiik wr ai�i ae��iml6�1 looPIuiM1i■ &ww Capital Improvements_ 19 Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 Monroe County Comprehensive Plan Update 8� ---���� Capital Improvements_ 20 Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 Monroe County Comprehensive Plan Update 11 Capital Improvements_ 21 Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 mb� Monroe County Comprehensive Plan Update R*d I wwbd Capital Improvements_ 22 Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 Monroe County Comprehensive Plan Update 8� Capital Improvements_ 23 Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 Monroe County Comprehensive Plan Update Capital Improvements_ 24 Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 Monroe County Comprehensive Plan Update Capital Improvements_ 25 Keith and Sehnars, P.A. Comprehensive Plan; Mar 2014 Monroe County Comprehensive Plan Update Obiective 1401.2 With the following exceptions, public expenditures within the Coastal High Hazard Area (CHHA) shall be limited to the restoration or enhancement of natural resources and parklands, expenditures required to serve existing development such as the maintenance or repair of existing infrastructure, and expenditures necessary for public health and safety: 1. public expenditures within the CHHA may be permitted where required to meet adopted level of service standards or to maintain or reduce hurricane evacuation clearance times and where no feasible alternatives to siting the required facilities within the CHHA exist. 2. public expenditures within the CHHA may be permitted for improvements and expansions to existing public facilities, which improvements or expansions are designed to minimize risk of damage from flooding. [ r 5.016(3)(b)24 Policy 1401.2.-21 No County public expenditures shall be made for new or expanded facilities in areas designated as units of the Coastal Barrier Resources System, undisturbed saltmarsh and buttonwood wetlands, or offshore islands not currently accessible by road, with the exception of expenditures for conservation and parklands consistent with natural resource protection, and expenditures necessary for public health and safety. [ r c n i ti(w,.) i .,n 9] <The Remainder of This Pa,-e Intentionally Left Blank> Capital Improvements 26 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Obiective 1401.3 Monroe County shall ensure that future development pays its proportionate share of the costs of improvements necessary to serve new development at the adopted level of service standards. {9j 5.04-Ff§163.3177(3)(b)4}a 3. F.S. Policy 1401.3.1 Monroe County shall aeptrevise and update the Land Development Code to update the County's current expenditure procedures and proportional f-aif-share assessment of impact fees, in accordance with the adopted levels of service referenced in Policy 1401.4.1. The revised Land Development Reg��Code shall also include provisions for the collection of impact fees to offset the public costs of public facilities and services. [9r c n16(3)( )g] <The Remainder of This Pa,-e Intentionally Left Blank> Capital Improvements 27 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Obiective 1401.4 Monroe County shall coordinate land use decisions and fiscal resources with a schedule of capital improvements in order to maintain the adopted level of service (LOS) standards for bother issued development orders and future development. {91- 5.016f § 163.3177(3)(ba)3-ate}., F. S.l Policy 1401.4.1 Monroe County shall adopt and maintain level of service (LOS) standards for the following public facility types: roads, sanitary sewer, solid waste, drainage, potable water, and parks and recreation. The LOS standards are established in the following sections of the Comprehensive Plan: 1. The LOS for roads is established in Traffic Circulation Policy 301.1.1 and 301.1.2; 2. The LOS for potable water is established in Potable Water Policy 701.1.1; 3. The LOS for solid waste is established in Solid Waste Policy 801.1.1; 4. The LOS for sanitary sewer is established in Sanitary Sewer Policy 901.1.1; 5. The LOS for drainage is established in Drainage Policy 1001.1.1; and 6. The LOS for parks and recreation is established in Recreation and Open Space Policy 1201.1.1. [9i 5 )(e)4} Policy 1401.4.2 Monroe County shall adopt a Capital Budget at the same time it adopts its Annual Operating Budget. The Capital Budget shall include those projects necessary to maintain the adopted levels of service referenced in Policy 1401.4.1. {J- 53(e)-7} Policy 1401.4.3 To the extent allowed by Florida Statutes, Monroe County supports the use of tourist -related charges to offset tourist -related impacts on public facilities. Monroe County supports the use of Tourist Development Council funds to provide public facilities that will serve both tourists and residents. Policy 1401.4.4 Public facilities and services needed to support development shall be available eenetti+ent with the impaet's of in accordance with the adopted levels of service referenced in Policy 1401.4.1—a„''�ter- 9i 5 0055F.A.G._ Development approval may be phased to allow the provision of public facilities and services necessary to maintain the adopted levels of service. {J- 53EO} Capital Improvements 28 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Policy 1401.4.5 Monroe County hereby adopts a Concurrency Management System to ensure that facilities and services needed to support development are available concurrent with the impact of development. The Concurrency Management System shall ensure that the County shall issue no development order or permit which results in a reduction in the level of service (LOS) below the adopted LOS standards referenced in Policy 1401.4.1 for those public facilities that are subject to the system. The guidelines established in Policies 1401.4.6, 1401.4.7, 1401.4.8, 1401.4.9, and 1401.4.10 shall ensure that concurrency is successfully implemented. Policy 1401.4.6 The following guidelines identify the stages in the development review process when the test for concurrency must be met. 1. Preliminary Development Order Stage - A preliminary development order is a development order that precedes the issuance of a building permit, such as a subdivision plat, development plan, certificate of compliance, conditional use permit, or development of regional impact development order. A proposed development must receive a conditional concurrency determination prior to receiving a preliminary development order. 2. Final Development Order Stage - A final development order is a building permit or any other development permit authorizing the construction or expansion of a structure, an increase in development intensity, or a change of use requiring a new certificate of occupancy. A proposed development must receive a final concurrency determination prior to receiving a final development order. Policy 1401.4.7 The following guidelines identify the effect of a concurrency determination-_ 1. A Conditional Concurrency Determination shall indicate that adequate public facilities are available at the time the determination is issued, but shall not guarantee the adequacy or availability of public facilities at subsequent stages of development review. 2. A Final Concurrency Determination shall indicate that adequate public facilities will be available at all subsequent stages of development stages of development review, subject to certain limitations such as elapsed time and the payment of fees. Capital Improvements 29 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Policy 1401.4.8 The following guidelines identify the minimum criteria necessary to meet the concurrency requirements of each public facility type. The concurrency requirements for potable water, solid waste, sanitary sewer, and drainage facilities and services shall be satisfied if one or more of the following conditions are met: a) the necessary facilities and services are in place at the time a development permit is issued; or b) the necessary facilities and services are in Mace at the time a certificate of occupancy, or its functional equivalent is issued, or that the fieeessar-y f4eilities and seFviees will be in plaee when the c) the necessary facilities are under construction at the time a Pei isstiedcertificate of occupancy, or its functional equivalent is issued rei3f-er6ea�lae�Le�Opinc-cgrecin�gaciiitees that mipc� +ccs-� f the tee ir-. An efifer-eeable deyelo mieat . 2. The concurrency requirements for roads and recreational facilities shall be satisfied if one or more of the following conditions are met: a) conditions l (a), l (b), or l (c) listed above or, in the case of acreage for barks and recreational facilities_ which shall be dedicated to or acquired by the County prior to issuance of a building permit, or funds in the amount of the developer's fair share are committed no later than the approval to commence construction; or b) in the case of transportation facilities, a binding executed contract is in place at the time the development permit is issued which provides for the commencement of the actual construction of the required facilities or provision of services within ene year- e or c) an enforceable development agreement guarantee-s that the necessary facilities and services will be in place within ene year- 8 with the issuance of the applicable development permit. An enforceable development agreement may include, but is not limited to, development agreements pursuant to section 163.3220, F.S., or Capital Improvements 30 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update an agreement or development order issued pursuant to Chapter 380, F.S. Policy 1401.4.9 The following guidelines identify the minimum components of the County's concurrency monitoring system. 1. The County shall maintain a database of permitting data that includes the amount of development for which final development orders have been issued, development for which final development orders have expired, development which is under construction, and development which has been constructed. 2. The County shall maintain a database of public facility data that includes the capacity of existing up blic facilities, the additional capacity created by facility improvements, the impacts of existing development, and the impacts anticipated due to committed development. 3. The County shall prepare a an anatialr,,,,e - M.,,,.,,.em *Public Facilities Capacity Report assessing the capacities of all public facilities subject to the Concurrency Management System. The Concurrency Management Report shall be used to monitor changes in the capacity of public facilities and the levels of service provided by the facilities based upon development activities and capital improvement projects completed Policy 1401.4.10 Monroe County shall use the following guidelines for interpreting and applying level of service standards to development order applications. For the purposes of this policy, reserve capacity refers to the capacity of existing public facilities plus the capacity of public facilities which do not exist but which meet the applicable requirements of Policy 1401.4.7, less the existing demand for those facilities and the demand expected to be created for those facilities by approved but unbuilt development as determined by the databases in Policy 1401.4.9. 1. Potable Water- The County shall not render a final concurrency determination unless the quantity of water available under the FKAA Consumptive Use Permit meets or exceeds the estimated water demand of the proposed development together with the estimated water demand of all existing and committed development. 2. Solid Waste- The County shall not render a final concurrency determination unless capacity available at solid waste facilities either ewned by under contract with Monroe County meets or exceeds the estimated daily solid waste generation of the proposed development together with the estimated daily solid waste generation of all existing and Capital Improvements 31 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update committed development for a period of three (3) years from development approval. 3. Sanitary Sewer- The County shall not render a final concurrency determination unless the proposed development will be served by a treatment plant permitted by the Pfeteeti-e*FDEP with adequate reserve capacity to accommodate the impact of the proposed development or an on -site sewage disposal system permitted by the r epai4fne t of Health and Rehabilitative SeFvi . OR 4. Drainage- The County shall not render a final concurrency determination unless the proposed development will be served by stormwater management facilities approved by the South Florida Water Management District; or has received an individual construction permit or written authorization to proceed pursuant to a general permit from the South Florida Water Management District. If the proposed development requires a permit from the South Florida Water Management District, such permit must be obtained prior to the final concurrency determination or the applicant's drainage plans must be consistent with Monroe County's stormwater management requirements. 5. Parks- The County shall not render a final concurrency determination unless the park facilities either in existence or programmed within the next year will meet or exceed the estimated park demand of the proposed development together with the estimated park demand of all existing and committed development. Within each impact area for park facilities, the County shall determine the population capacity of both resource -based and activity -based facilities by multiplying the level of service standard by the number of acres of existing or programmed parks. 6. Roads- The County will not render a final concurrency determination unless the estimated traffic impacts of the proposed development, together with the estimated traffic impacts of all existing and committed development, will not exceed Eapae4ythe level of service of U.S. 1, as determined by the U.S. 1 Level of Service Task Force '_`' ethedelegymethodology. The trip assignment for proposed developments with an estimated trip generation rate of more than 10 trips per day shall be based on a traffic impact report prepared by the developer based on a professionally accepted methodology. The trip assignment for proposed developments with a trip generation rate of 10 trips or less (such as a single family home) shall be limited to the segment of U.S. 1 most directly impacted by the development. Capital Improvements 32 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Policy 1401.4.11 Annual debt service on Monroe County's direct debt shall not exceed the following annual median ratios for medium size counties published by Moody's Investment Services: debt to operating revenue; 2. debt to assessed valuation; and debt per capita. Moody's Investment Services, a bond rating agency, publishes annual medians depicting local governments' debt service as a percentage of population, operating revenue, and assessed valuation. f9-53(e)2} 1.4 1`1111 V, Fill W, �. .. .. .. ._ .. .. Policy 1401.4.12 , Monroe County shall revise the Comprehensive Plan Five - Year Schedule of Capital Improvements and the County Capital Improvements Program annually to include funding for any improvements required to provide for solid waste disposal after expiration of the current solid waste haul out contract (See Solid Waste Objective 801.3 and related policies). 1 iw I. PrXIIII V,i. ..• ... Capital Improvements 33 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Policy 1401.4.13 Monroe County shall revise the Comprehensive Plan Five - Year Schedule of Capital Improvements and the County Capital Improvements Program annually to include funding for the improvements identified in the Sanitary Wastewater/Stormwater Management Master Plan. . 1 IR i. . • 6 <The Remainder of This Pa,-e Intentionally Left Blank> Capital Improvements 34 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Obiective 1401.5 Monroe County shall provide public facilities sufficient to maintain adopted level of service standards that are within the ability of the County to fund, or within the County's authority to require others to provide. Evaluation of funding alternatives for improvements identified in other plan elements will include consideration of improvements required by existing versus future development in order to ensure a fair - share allocation of costs. {9-5.04-6 §163.3177(3)(b)-}a F.S. Policy 1401.5.1 The estimated capital expenditures for all needed public facilities shall not exceed conservative estimates of revenues from sources that are available to the County pursuant to current law, and which have not been rejected by referendum, if referendum is required to enact a source of revenue. [ T 016(3)(b`5 Policy 1401.5.2 Monroe County shall not provide a public facility, nor shall it accept the provision of a public facility by others, if it is unable to pay for the subsequent annual operating and maintenance costs of the facility. [9i 5 3(b)-54 Policy 1401.5.3 Monroe County's Capital Improvements Program shall be monitored in conjunction with the development review process to ensure that the County is not required to construct improvements beyond its financial capacity. [9i 5 )(b)-54 <The Remainder of This Pa,-e Intentionally Left Blank> Capital Improvements 35 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Comment Response Form Capital Improvement Element -Draft Comprehensive Plan Amendments —Comment Responses Commenter, Kevin Wilson via email 4-2112 Policy 1401.1.1 Revise to delete date and add "update annually"' Completed Commenter: Monroe County Staff during 3/22/12 and 4/19112 "Brainstorming" Sessions to review Master Revisions Matrix Policy 1401.1.4 Delete Deleted policy Policy 1401.1.5 Delete Deleted policy Policy 1401.2.1 Revise to shall maintain... Revised policy Policy 1401.3.1 Delete or revise to delete date and state Monroe County Revised policy to update shall revise and update. Policy 1401.4.10, Do not see comment from Staff. „ „ Revised #2 (Solid Waste) to delete either owned by or". 2. Policy 1401.4.10, Delete per related amendments in Recreation and Open Completed 5. Space Element Policy 1401.4.12 Delete Deleted policy Policy 1401.4.13 Delete or revise to delete date and "Monroe County shall policy revised to state County will revise annually. revise the Comprehensive Plan, , ,annually" Policy 1401.4.14 Delete Deleted policy Policy 1401.4.15 Delete Deleted policy Policy 1401.16 Delete or revise to delete date and "Monroe County shall Revised policy to annually. revise the Comprehensive Plan, , ,annually" Policy 1401.17 Noted on Master Revision Matrix as "Status Unclear" Deleted policy Commenter: DRC Review Mee&g: Thurs 2/14/13 Policy 1401.4.8 LOS Have revised this section reflecting changes to Ch.163 F.S.; staff to review for additional revisions. See Revised Text Subsection (4) for Staff Review. Per DRC Staff to review language proposed for subsection (3) Drainage. Policy 1401.4.10 direction, match language in FLUE. "If a permit is required NOTE: For subsection 5 (Parks) F. S. is silent on concurrency from SFWMD, it must be obtained prior to the concurrency requirements; thus need staff direction on how to revise the FLUE section Draft Comprehensive Plan Amendments Comment Response Form Date: 2.26.14 determination or the applicant's drainage plans must be related to concurrency. consistent with MC storm water management requirements." Commenter; Staff comments, through Mayte Santamaria via email Tue 4j3/2013 6:45 PM Various edits, additions and deletions offered by County Accepted. staff. Commenter: Planning Commission, Thursday, October 10,'2013 No revisions offered. Ron Miller: Concerned that we are not watering down the Staff is working with their traffic consultant. Not weakening, these LOS methodology for Roads. revisions are per BOCC direction. Commenter: Staff comments, io-2413 Pg 3 Relocated Table 4.1 to here. This is the most recent Accepted. updated version of the Capital Improvement Schedule. Draft Comprehensive Plan Amendments Comment Response Form Date: 2.26.14 MEETING #1 Friday, March 21, 2014 3.2 Conservation and Coastal Management Element Monroe County Comprehensive Plan Update 3.2 CONSERVATION AND COASTAL MANAGEMENT GOAL 201 To ensure that Aair quality is maintained at the highest levels, i-FrMonroe County shall be continue to meet all attainment standards set by the State of Florida and the U.S. Environmental Protection Agency (EPA).[93- 5 )(a)} f § 163.3177(6)d.2. a., F. S.l Obiective 201.1 Monroe County shall continue to maintain existing ambient air quality levels in compliance with the National Ambient Air Quality Standards (NAAQS). HI- c ni3(2)(b) i [§163.3177(6)d.2.a., F.S.] Policy 201.1.1 By September 30th of each year, Monroe County, in coordination with local Florida Department of Environmental Protection (FDEP) representatives, shall review the annual air quality monitoring data for Monroe County. Any violations of the NAAQS or trends in ambient air quality shall be reported to the BOCC. {93-5)(b)II f§163.3177(6)d.2.a.,F.S.l Policy 201.1.32 Development Orders shall require that land areas exposed during construction be treated with mulch, spray, grass or other appropriate methods in order to minimize air pollution. f § 163.3177(6)d.2.a., F. S.l Policy 201.1.43 All fmaingresource extraction activities shall comply with DE-RFDEP standards designed to eeminimize point sources of air pollution. [9; 5-913( f§163.3177(6)d.2)(b)fl.a. F.S. Policy 201.1.64 Monroe County shall support state government programs to regulate petroleum and gasoline storage facilities with an emphasis on controlling VOC emissions. [9j 5 )(b)II f§163.3177(6)d.2.a., F.S.l Conservation and Coastal Management 1 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 2 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update GOAL 202 The environmental quality of Monroe County's estuaries, nearshore waters (canals, harbors, bays, lakes and tidal streams,) and associated marine resources shall be maintained and, where possible improved or restored. f §§ 163.3177(6)d.2.b., F. S, § 163.3177(6)d.2. e., F. S.l Obiective 202.1 Monroe County shall continue to work cooperatively with the U.S. Environmental Protection Agency (EPA), the F'ida ep 4fn at of Eavir-e menRegulation (BE -}FDEP, the South Florida Water Management District (SFWMD), and the National Oceanic and Atmospheric Administration (NOAA) to develop and implement the Water Quality Protection Program W PP for the Florida Keys National Marine Sanctuary. . [§ 163.3177 6)d.2.b}? F.S 163.3177 6 d.20)24.e. F.S. Policy 202.1.1 Monroe County shall continue to coordinate with EPA, DE-RFDEP, SFWMD and NOAA to deter -mine the seepe of studies rerod to document pollutant loads for Florida Keys waters. f §§ 163.3177(6)d.2.b., F. S, § 163.3177(6)d.2.e., F. S.l Phase 1 of the Development Plan for- the Fier-ida Keys National Mar-ine Saaetuar-y sever -al studies are tiadei4akea in order- to � in seagr-ass beds and eer-ft! eemmttnities; and �ss�e��res. .nszss�e� gr-atifidwater- ,,,,t,4e is t .,, .,�W waters; 0 i Conservation and Coastal Management 3 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update f water-, -se era* and biatiea-a neter-s for- senfined and neaf s t e=Te+ers WIN sta ater, and Conservation and Coastal Management 4 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update 11, HARD ..MIAMI •�• .. adept Ew r-evise, under- applieable Feder -a! and State laws, applieable water- b) evaluate the e€ -eeti veaesrrof e€f these iobtai and/or- make a 1ble the nesesr funds to sompletethe Conservation and Coastal Management 5 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Wiser.�e�.�:e�es��te��s�ee�esEe�:�!tsss- - O. i„_ „_ .. 1 1 1 1 Ob*eetiye 202.2 Ma County Policy 202.1.2 Monroe County shall maintain and implement_permitting, inspection, and enforcement procedures designed to reduce pollutant discharges into ground and surface waters from on -site disposal systems- and wastewater treatment plants. (See Goal 901 and related objectives and policies.) ; [§163.3177(6)d.2.b., F.S, W3.3177(6)d.2.b.,2.e., F.S.I Policy 202.1.3 Monroe Countv shall work cooberatively with FDEP_ EPA. the Florida Kevs National Marine Sanctuary FKNMS) and the U.S. Army Corps of Engineers (USACE) to identify any water quality issues and permitting assistance and recommendations related to the use of aerators, bubble curtains, pumpingfrom rom front to back in canals, partial backfilling to make the canals shallower, no improvement culverts in dead end canals to connect with other canals or near shore waters, flow improvement canals in plugged canals that are not currently open to tidal flow, and utilization of weed restriction devices in canal systems. f § 163.3177(6)d.2.b., F. S, § 163.3177(6)d.2. e., F. S.l <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 6 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 202.2 Monroe County shall develop and implement permitting, inspection, and enforcement procedures designed to reduce pollutant discharge into surface waters. Policy 202.2.1 (Relocated Existing Policy 202.6.3) Monroe County shall maintain regulations in the Monroe County Code pertaining to the disposal of fish and shellfish by-products from seafood processing facilities, including the following: 1. by-products shall not be dumped into surface waters or wastewater disposal systems, 2. by-products shall be disposed of as solid waste, and 3. consideration shall be given to suitable reuse of by-products. f §§ 163.3177(6)d.2.b., F. S, § 163.3177(6)d.2. e., F. S.l Policy 202.2.2 Within one (1) year after adoption of the 2030 Comprehensive Plan, Monroe County shall evaluate options for reducing the amount of fish and lobster cleaning offal that is discharged into canals. This evaluation should include public facilities such as marinas and private areas such as private backyard docks. Options to be considered shall include, but not limited to: (a) requiring that drains from fish cleaning tables be plumbed to a central sewer system, (b) requiring that carcasses be macerated for chum (put in bags and frozen for a subsequent trip), deposited in an air -tight container for routine refuse pickup, or hauled away by a commercial chum or trap fisherman on contract, and (c) implementing an educational signage and awareness program. Policy 202.2.3 (Relocated Existing Policy 202.11.3) Until alternatives can be identified, Monroe County, in coordination with the Monroe County Mosquito Control Board, shall develop and implement a plan for spraying which will minimize the impact on marine resources and human health by avoiding marine waters and the property of owners who have requested no spray. Conservation and Coastal Management 7 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 202.3 Monroe County shall support existing vessel discharge regulations, including the No Discharge Zone regulations of the Florida Keys National Marine Sanctuary, and encourage use and expansion of sewage pump -out facilities throughout Monroe County to reduce pollutant discharges into gr-Emad- andnearshore surface waters from wastewater- tr-ea+ment 9j c n,��live-aboard vessels. f§163.3177(6)d.2}.b., F.S, §163.3177(6)d.2.e., F.S.I ..• • Policy 202.43.1 <PC recommended revisions> ,Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall adopt revisions to the War-ae County Cede and maintain regulations pertaining to docked or moored to land live -aboard vessels which: 41. prohibit living on board vessels and floating structures of at marine facilities_ including marinas_ and within corgi r-esidential,a: s+ri et ; <staff recommended revision> -52. require that new and existing marine facilities, including marinas, at awith ten slips or more, or one live -aboard slip, decked provide a fixed pump -out station; and 63. require all marinas, regardless of size, to provide signage conspicuously posted at dockage sites ..�educatinge the live -aboard public about the importance of pumping out and w444,-givinnge clear directions to the nearest pump -out stations;. [§163.3177(6)d.2.b., F.S, §163.3177(6)d.2.e., Conservation and Coastal Management 8 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update 7. prohibit eanstatetion of deeks whieh o:fler-eial deeking of beats pump t ,,,a r•�:e�.r.��. . �rper.�ssseers�ees:r.�e�e�.�7e�sr.�W-R., Policy 202.3.2 Existing marine facilities, including marinas, which do not have an on -site pumpout station, as identified through the Monroe County Marine Facility Survey or other best available data sources, shall be notified in writing of the requirements for on -site pumpout facilities and signage (and any available funding assistance, such as the DEP Clean Vessel Act grant program) within 18 months after the adoption of the 2030 Comprehensive Plan. Such marine facilities and marinas shall have 12 months from the written notification to provide an on -site pumpout station and associated signage. All marine facilities and marinas which are required to provide on -site pumpout stations are required to keep those pumpout stations operational, and ensure that pumpout service is available to the patrons of those marine facilities and marinas. .. i. 0 0fnear-inger-or-areas; . r:�reeeetrsr.E�3esers�:�s:�e��: reaese'� Conservation and Coastal Management 9 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy 202.43.3 Development of the management recommendations for live -aboard vessels shall be coordinated with NOAA to ensure consistency with recommendations of the Florida Keys National Marine Sanctuary Revised Management Plan. f § 163.3177(6)d.2.b., F. S, § 163.3177(6)d.2. e., F. S.1 n9jan 4; °�- Policy 202.43.4 ,Within one (1) ,year after the adoption of the 2030 Comprehensive Plan, Monroe County shall adopt revisions to the Menr-ee Getffftt' Land Development Code pertaining to live -aboard vessels, either in mooring fields or free -anchored, which establish the following (regulations pertaining to free -anchored vessels may reauire additional authorization by state statute): 1. Minimum depth criteria, 2. Availability of appropriate shoreside access (except for short-term recreational mooring sites - See Policy 203.5.2), 3. Pumpout service availability 4. Availability or provision of shoreside facilities (such as parking and solid waste disposal); 6-.5. establishes arRegistration and fee structure for live -aboard mooring fields eu+}; and *d 8-.6. ihnpact fee provisions for long-term free -anchored live-aboards. f §§ 163.3177(6)d.2.b., F. S.; and § 163.3177(6)d.2.e., F. S.1[93- Policy 202.43.5 ,Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County twill evaluate the need to develop i s plan for providing ptiblie pump -out f6eilities services i}rat county -owned 'ae facilities. nr c n,����� �, �§163.3177(6)d.2�- T t.b., F.S; 163.3177(6)d.2)(e)I. e. F.S. Conservation and Coastal Management 10 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy 202.3.6 The County shall encourage new and existing redeveloping or expanding marinas to adopt Best Management Practices as recommended by Florida Department of Environmental Protection's Clean Marina Program. <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 11 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update • ••• RIM E. ••• ..MIN fflliplf'11• 1. • C. WARM I Conservation and Coastal Management 12 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Conservation and Coastal Management 12 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update 2. by pr-aduets shall be disposed E)f as salid waste; and • "10111, • Conservation and Coastal Management 13 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 202.49 , Monroe County shall maintain bland Odevelopment Kregulations which implement county policies controlling pollutant discharges into surface waters from dredge and fill activities. ; f§163.3177(6)d.2.b., F.S, §163.3177(6)d.2.e., F.S.I Policy 202.94.1 Monroe County shall support state and federal policies and regulations concerning the permitting of dredge and fill activity, except in those instances where more stringent regulations adopted by Monroe County shall be maintained. {91- c ni ,a 9; 9j i�� �i a —ate �-0� �z 'U f § 163.3177 6 .2. F. S; §163.3177(6)d.2.e., F.S.l Policy 202.94.2 No new dredging shall be permitted in Monroe County. r9r f§§163.3177(6)d.2 .b., F.S, §163.3177(6)d.2)(e)l-a i.e. F.S. Policy 202.94.3 No maintenance dredging shall be permitted within areas vegetated with seagrass beds or characterized by hardbottom communities except for maintenance in public navigation channels. n-T- -( z ( and 9; 9j and 61 f§§163.3177(6)d.2.b., F.S, §163.3177(6)d.2.e., F.S.l Policy 202.94.4 In order to far-flrtate esta .lisp e *prevent degradation of bottom vegetation, maintenance dredging in artificial waterways shall not exceed depths greater than minus six (-6) feet mean low water. This policy does not apply to the entrance channels into Key West Harbor and Safe Harbor. ; .,n 6] [§163.3177(6)d.2.b., F.S, §163.3177(6)d.2.e., F.S.I Policy 202.94.5 All dredged spoil resulting from maintenance dredging shall be placed on permitted upland sites where drainage can be contained on -site. {93- [§ 163.3177(6)d.2.b., F. S, §163.3177(6)d.2.e., F.S.I Policy 202.94.6 No "after -the -fact" permits shall be issued that violate Monroe County dredge and fill regulations. All illegal structures and fill shall be removed and damages mitigated. ; f § 163.3177(6)d.2.b., F. S, § 163.3177(6)d.2. e., F. S.l Conservation and Coastal Management 14 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Conservation and Coastal Management 15 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update .. Conservation and Coastal Management 16 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update „_ • •• • MR. Ii. • . • �r�r:reeetr .�:.......... I IN • .. • •WIN• • .M1• Conservation and Coastal Management 17 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update . ..... . ...... --:, SI Conservation and Coastal Management 18 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update M;-;z • . • .. • . • • Conservation and Coastal Management 19 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update MAIM Sill,il,li�!l�IIIIILLLIILL',I�illli MILLIONS Conservation and Coastal Management 20 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update ip 11101010. Conservation and Coastal Management 21 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update •. . . ....... 110 WEI III 1 41 1 IN I I I I I I I I I I I I I I OWN • . • Conservation and Coastal Management 22 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update „_ • ••• • 1 • . • • ay a Mal N-,q �� , . �r�r�r.*e�� Yre!r�se�rrs.E�sszeres��tis Conservation and Coastal Management 23 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 202.4-65 , Monroe County shall implement e8er-difift+ieff preg continue to coordinate with other local governments and with state and federal agencies to address existing and regional water management practices on the Florida mainland which may affect: 1. the conservation, use and protection of water quality, marine benthic communities, and fisheries in Florida Bay; and 2. the wetlands, unique vegetative communities, and species of special status on mainland Monroe County. [9T-5.012(3vb» an 2; f §§ 163.3 l77(6)d.2.b., F. S, § 163.3177(6)d.2.e., F.S.; W3.3177(6)d.2.g., F.S.I Policy 202.445.1 Monroe County shall meet periodically with agencies and local governments in the region to discuss water management practices and potential issues related to: 1. the delivery of water, both in terms of quantity and quality, to Card Sound, Barnes Sound and Florida Bay; and 2. alternatives to offshore disposal of waste. These agencies and local governments s4a4nLay includiiffi: 1. National Park Service; 2. DE . 2. Florida Debartment of Environmental Protecti 3. South Florida Water Management District; 4. Miami -Dade County; 5. Collier County; 6. South Florida Regional Planning Council; and 7. Environmental Protection Agency. f § 163.3177(6)d.2.b., F. S, §163.3177(6)d.2.e., F.S.; §163.3177(6)d.2.g., F.S.l ; Conservation and Coastal Management 24 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy 202.4-65.2 Monroe County shall monitor and provide input on future revisions to the following plans: Surface Water Improvement and Management Plan for the Everglades; 2. Surface Water Improvement and Management Plan for Biscayne Bay; any additional Surface Water Improvement and Management Plans which may be completed for Monroe County waters-- g; 9r c 013(2)(e) 1, c ti 4 .,n 9] 4. Everglades National Park General Management Plan, and 5. Big Cypress National Preserve General Management Plan. f §§ 163.3177(6)d.2.b., F. S, § 163.3177(6)d.2.e., F.S.; § 163.3177(6)d.2.g.,, <The Remainder of This Pa,-e Left Intentionally Blank> Conservation and Coastal Management 25 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update GOAL 203 The health and integrity of living marine resources and marine habitat, including mangroves, seagrasses, coral reefs and fisheries, shall be protected and, where possible, e restored and enhanced. f § 163.3177(6)d.2. d., F.S.; § 163.3177(6)d.2. e., F.S.; § 163.3177(6)d.2.j ., F. S.l Obiective 203.1 Monroe County shall protect its mangrove wetlands by ' continuing to implement regulations which will further reduce disturbances to mangroves and which will mitigate the direct and indirect impacts of development upon mangroves.--93- w.012(3)(b)!; 9i 5.014 Rl63.3177(6)d.2`(b) d., F.S.; §163.3177(6)d.2.e., F.S.; §163.3177(6)d.2.j., F.S.1 Policy 203.1.1 1999), tThe open space requirement for mimes mangrove wetlands shall be one hundred (100) percent. No fill or structures shall be permitted in mangrove wetlands except for elevated, pile -supported walkways, docks, piers and utility pilings. n9i93--013(2)(e- f § 163.3177(6)d.2.d., F. S., §163.3177(6)d.2.e., F.S.; §163.3177(6)d.2.j., F.S.l Policy 203.1.2 Monroe County shall adeptmaintain a mangrove trimming ordinance for the Florida Keys. with the DER and all be Eensisten terms 3-��C—. These regulations shall restrict mangrove trimming to the minimal alteration necessary to maintain navigation in existing navigable channels and canals, or where necessary to allow an upland owner limited ingress and egress to waters in conjunction with a permitted structure installed according to the design guidelines of this plan and limited visual access consistent with or more restrictive than state standards. Aav or-dinanee o ete our-stiant t this aliey shall t aff et anv ans eantained- ; Fie -ida's Maagr-ave n - teet o et. f � 163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.; §163.3177(6)d.2.j., F.S.] Policy 203.1.3 Monroe County shall require minimum vegetated setbacks of fifty (50) feet to be maintained as an open space buffer for development occurring adjacent to all types of wetlands except for tidally inundated mangrove fringes and as provided for in Policy 204.2.23, 204.1-3-4 and 204.2.45. If a 50-foot setback results in less than 2,000 square feet of principal structure footprint of reasonable configuration, then the setback may be reduced to allow for 2,000 square feet of principal structure footprint of reasonable configuration-, provided that the setback is not reduced to less than twenty-five (25) feet-. On properties classified as scarified adjacent to wetlands, the wetland setback may be reduced to twenty-five (25) feet, without regard to buildable area, if the entire setback is managed Conservation and Coastal Management 26 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update in accordance with County regulations approved by the County Biologist and is placed under conservation easement. " " shall ineltide all aetivtttes as etifFeatly defined i the F.S. 390.05-campliant Land Development Re tie rep e e 4 A,,,;-- +..e Evaluation andAppraisal sa Review (EAR) R) P- ems f§§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.; §163.3177(6)d.2.j., F.S.l Conservation and Coastal Management 27 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Objective 203.2 Monroe County shall protect submerged lands vegetated with seagrasses by mplemertipig intainin regulations which will reduce direct and indirect disturbances to seagrasses. f § 163.3177(6)d.2.d., F.S._ 6163.3177(6)d.2.e._ F.S.I Policy 203.2.1 Monroe County shall continue to prohibit the location of mooring sites over submerged land which is vegetated with seagrasses or characterized by a hard -bottom community, regardless of water depth, except as may be permitted by the Fla -id r epai4ri,o t of Eavifffflfflefl P~�e FDER This prohibition shall ffsenot apply to up blic mooring fields. [9i 5.012(3)(e1, Rl63.3177(6)d.23 and 9; 9i 5.0 d., F.S.; 163.3177(6)d.2)(e)-4and }. e. F.S. Policy 203.2.2 Upon adoption of the Gamprehen Monroe County shall continue to prohibit the termination of docking facilities and piers over submerged land which is vegetated with seagrasses or characterized by a hard -bottom community, regardless of water depth, except as may be permitted by the ofEav -,,ame to PF *ee4er.FDEP. Design criteria to permit sunlight to reach the bottom shall be adeptAmaintained. No boat shelters or gazebos shall extend over submerged lands vegetated with seagrasses or over hardbottom communities. {93- f§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.I Policy 203.2.3 Monroe County shall continue to: prohibit new dredging in the Florida Keys; and 2. prohibit maintenance dredging within areas vegetated with seagrass beds except for maintenance dredging in public navigation channels. (See Objective 202.8-4 and related policies.) ; and 64[163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.I Conservation and Coastal Management 28 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy 203.2.154 Monroe County shall continue to support the public education program for users of the Florida Keys National Marine Sanctuary as outlined in the Florida Keys National Marine Sanctuary Revised Management Plan (U.S. Dept. of Commerce, NOAA, ' ). This program shall r m ^* rp omotes user education related to, among other items, seagrass bed conservation and navigational safety in nearshore waters. [9j and 9; °jand 6] f §§ 163.3177(6)d.2.d., F.S.; § 163.3177(6)d.2.e., F. S.l • ' ..• „ Myrr all Conservation and Coastal Management 29 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 203.3 Monroe County shall continue to support state and federal agencies in development and implementation of management measures designed to protect coral reefs located in the waters off the Florida Keys. ; f § 163.3177(6)d.2.d., F.S.; § 163.3177(6)d.2.e., F. S.l Policy 203.1-21 Monroe County shall continue to support the public education program for users of the Florida Keys National Marine Sanctuary as outlined in the Florida Keys National Marine Sanctuary Revised Management Plan (U.S. Dept. of Commerce, NOAA, ). This program shall rr ma* -promotes user education related to, among other items, coral reef conservation and navigational safety. [9r f§163.3177(6)d.23 and i�; j 5 01�3t.d., §l63.3177(6)d.2)(e)I }.e., F.S.; §163.3177(6)d.2.f., F.S.] • ' ..• „ Policy 203.3.42 Monroe County shall continue to protect, preserve, and enhance the coral reefs through its land development regulations which address water quality (See Conservation and Coastal Management Element Goal 202 and related objectives and policies), including efforts to: limit the location of water -dependent activities to locations that will not have a significant adverse impact on the offshore resources of hard coral bottoms; 2. control and regulate land and water activities in the vicinity of coral as identified in the Florida Keys Coastal Management Study in an effort to arrest further deterioration; and Conservation and Coastal Management 30 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Policy 203.3.42 Monroe County shall continue to protect, preserve, and enhance the coral reefs through its land development regulations which address water quality (See Conservation and Coastal Management Element Goal 202 and related objectives and policies), including efforts to: limit the location of water -dependent activities to locations that will not have a significant adverse impact on the offshore resources of hard coral bottoms; 2. control and regulate land and water activities in the vicinity of coral as identified in the Florida Keys Coastal Management Study in an effort to arrest further deterioration; and Conservation and Coastal Management 30 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update 3. include the fallowing managemeat paliExes for- jehn Peanekamp Sta strategies identified in the Florida Keys National Marine Sanctuary Revised Management Plan__ „with r 00 Fatio,, E)these , ,,,ao... ate- r 00 0s land ; the immediate ;tom, E) f T.,h Do,,,,oLamp State P -k and T a o rye prese tienareasMe r,,,,,ity „will seepefute=with State and Fede en aetw4tes. f § 163.3177(6)d.2.d., F.S.; § 163.3177(6)d.2.e., F.S.; § 163.3177(6)d.2.f., F. S.l Policy 203.3.3 Monroe County shall support the objectives and action steps of the Florida Reef Resilience Program Climate Change Action Plan for the Florida Reef System. This includes the following actions identified in that Plan: Action 1.2.4: Protect species and habitats that are highly vulnerable to climate change (e.g. corals, marine turtles, mangroves, etc.) from non -climate pressures (e.g. direct damage from divers, fishing gear, anchors or boats, beach nourishment, coastal construction impacts, land -based sources of pollution). Action 1.2.6: Prohibit any new dredging or other direct destruction of coral reefs. Action 1.3.3: Consider limiting certain kinds of development that are at risk from sea level rise. Action 1.4.4: Work through the proposed Florida Reef System Management Council (or other appropriate venue) to revise regulations on coastal development and beach nourishment projects to minimize sedimentation, storm water runoff, and other water quality impacts to the Florida reef system. Action 1.6.3: Work with local fishing, boating, and diving industries to promote minimum impact reef use activities (e.g. appropriate fishing gear, catch -and - release fishing, trip -rigged anchors and manual anchor placement in sand) and voluntary avoidance of bleached, diseased or otherwise stressed coral reefs. Action 2.2.2: Involve community members, elected officials, visitors and Florida diving, fishing, and other maritime industries in climate change science and monitoring efforts on the Florida Reef System. Conservation and Coastal Management 31 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Action 2.3.4: Identify, support, and showcase "climate smart" coastal/marine organizations and businesses (including reef -based industries, ports and harbors, local governments and individuals) that increase sustainability of reef -related activities and reduce greenhouse gas emissions, such as energy and water efficiency, alternative energy and carbon offsets. <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 32 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 203.4 Monroe County shall support state and federal agencies in development and implementation of management measures designed to protect the fisheries of the Florida Keys. [9j 5 )1,4)4} [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.; § 163.3177(6)d.2.f., F.S.; § 163.3177(6)d.2.g., F. S.l Policy 203.4.1 By July 2015, Monroe County shall coordinate with FWC and other applicable agencies to encourage best practices to protect natural habitats in regards to commercial and recreational fishing gear and methods. County ha' emeat an --or-diflation 1.4h the NPS potential land m nagemel3t pr-eb1 the region =dv'hieh eci the (S 202 1 ti .a t 1; ) [ T �z b) n 2; lv fe6ti�Le— �, C�-7--�-Lr- , ,and 101_ Policy 203.4.2 <PC recommended elimination or postponement of Lobster Sport Season> Monroe County shall continue to propose actions for consideration by the Florida Fish & Wildlife Conservation Commission Division of Marine Fisheries Management and the National Marine Fisheries Service Fle-:,a Marine Fisheries Commission designed to reduce adverse impacts of the Spiny Lobster Sport Fishine Season on the lobster fishery and sensitive marine resources of the Florida Z°r 5.013(2)(e)64 R l63.3177(6)d.2. e., F. S.I Policy 203.4.3 Monroe County shall periodically meet with the Florida Marine Fisheries Commission to assess measures which could be implemented by Monroe County to protect the fisheries of the Florida Keys. To the extent practicable, Monroe County shall take steps to implement such protection measures as may be identified through this cooperative effort. [9j 5.0�2)(eMf § 163.3177(6)d.2. e., Policy 203.4.4 Monroe County shall support the efforts to develop asempr-eheasive fisher-i � of the agencies having jurisdiction to implement the Florida Kevs National Marine „*:1:,:ne an eeesystem aeer-aaeh. FIE) 44aNationalMarine Fisheries r,,,,,missio the Division f, Mar- e Res,,, Conservation and Coastal Management 33 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update and the Fla --id., r.,ri,e and Fresh Water-FishCommission. r n, �� Sanctuary Revised Management Plan. [§ 163.3177(6)d.2} Policy 203.4.75 Monroe County shall continue to support scientific studies e€re ag rding stresses on seagrass and coral ecosystems in the Florida Keys region. (coo n lieies 203 and 203-34) [9j 5.013(2)(e)61 f§§163.3177(6)d.2.e., F.S.l Policy 203.4.86 Monroe County shall s„rr ,4, and wherever- feasible, aidencourage private and non-profit groups, as well as public agencies,_ in promoting aquaculture. The pur-pose(s) of stieh aqtiaetiltur-e shall be to which augments fisheries, limits stress on fisheries, and/or replaces depleted stock in the Florida Keys. [9j 5.0 f § 163.3177(6)d.2.e., F. S.l Conservation and Coastal Management 34 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 203.5 Monroe County shall continue to review the recommendations and options identified in The Boating Impacts ManyZement Plan Final Report (1992); Keys -Wide Mooring Field System Preliminary Planning Document (2002; and Development of a Boating ManaZement Plan for the Boca Chica Harbor Area (2008), which are designed to reduce adverse impacts on water quality and living marine resources associated with recreational boating. f § 163.3177(6)d.2.e., F. S.l a emen e 5.01 b) . 9r 5.013 (z�'4i NO. . Policy3 203.5.1 Monroe County shall develop criteria for marina siting which shall meet or exceed state standards_ . (See Objective 212.4213.3 and related policies.)[4and 3; 91-5-013(2)(' f §§ 163.3177(6)d.2.b., F.S.; § 163.3177(6)d.2.e., F.S.; § 163.3177(6)d.2.i., F. S.l Policy 03-5.4203.5.2 Monroe County shall preps emaintain a plan for mooring buoy sites. TWO types- ef sites shall be i n including: live -aboard mooring sites (See Policy 202.43.�R4); and 2. short-term recreational mooring sites. Identification of mooring sites shall be undertaken in coordination with NOAA, and DNWDEP, and shall be consistent with recommendations of the Florida Keys National Marine Sanctuary Management Plan(U.S. Dep Getinty's 4 f§163.3177(6)d.2.b., F.S.; §163.3177(6)d.2.e., F.S.;§163.3177(6)d.2.i., F.S.] Conservation and Coastal Management 35 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy 203.5.153 Monroe County shall support a boater education program in coordination with the Cooberative Extension Service. Florida Sea Grant. FDEP and NOAA. develee k1laii 1 . ON 111 / By the effeeti�ve date ef this Plan, Menr-ee Getinty shall r-eeemmend metheds te beater- edueation, based an the ifiventEwy ofbeater- edueatir-egulatiafis;144er- and debris eafitr-al en FlEwida Keys National Mar-ifie Safiettiaf:y Management Plan, > > dispasg f§163.3177(6)d.2.b., F.S.; §163.3177(6)d.2.e., F.S.; l63.3177(6)d.2.i., F.S.I WHOM M. lilt— .11-01 •MIMI Conservation and Coastal Management 36 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update • • 1 , .. . , <The Remainder of This Pa,-e Left Intentionally Blank> • .. .. .. r-eeammead managemeat .u, Conservation and Coastal Management 37 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update ohe o plan; W,MMIRNW • . . \ . 1! . \ . I. Conservation and Coastal Management 38 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update GOAL 204 The health and integrity of Monroe County's marine and freshwater wetlands shall be protected and, where possible, restored and enhanced. [9j 9j Obiective 204.1 By janttar-y , Monroe County shall the basis for- o,.ulating land devele. rv,,o � �;..;lies ; wetland areas, t identify potential wetland restoration sites; and-4e identify high quality wetland sites for possible future acquisition by the County, State and/or private non-profit conservation organizations. f 163.3177(6)d.2.j ., F.S.; § 163.3177(6)d.2.k., F. S.l rs�tssrrr��:�ee�:rristes�:rtsr.� . le�es�rsee�:�ss�:�. —•�ssssa� assist with the f6tietienal assessment ef we0a+As-,- Conservation and Coastal Management 39 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy 204.1.1 The Monroe County may coordinate with other agencies in developing and administering a wetlands restoration program. Policy 204.1.2 Monroe County shall work cooperatively with the USACE, EPA, FW S, FDEP and FWC, and others as appropriate, to determine funding sources to support a wetlands restoration program. [§ 163.3177(6)d.2.j ., F.S.; § 163.3177(6)d.2.k., F. S.l Policy 204.1.-23 Monroe County shall eaeper-ate with the Fie -id Game and Fresh Wcer- Fish coordinate with the FWC to ffi-apupdate as needed and maintain the existing freshwater wetlands and disturbed wetlands mapping. <The Remainder of This Pa,-e Left Intentionally Blank> NOW Nib Conservation and Coastal Management 40 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update I_ ! MIMI I. K�J�ST�'�!�Tlt'llEf E!!Ef!!}'��ST�'r�.'f F. tl:EI�S�Ef f lSl.! ll�F. tS:�LSR'iTl�l'!�t'iMr. I MR 1 I!ff ��. OWN1 "A .!. Conservation and Coastal Management 41 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 204.2 Monroe County shall e4ff4ft4enot allow the loss of undisturbed wetlands nor the net loss of disturbed wetlands. [9i 5.12(3)(b)!; 9T-5." f §§ 163.3177(6)d.2.j ., F.S.; § 163.3177(6)d.2.k., F. S.l Policy 204.2.1 Monroe County shall utilize the Uniform Mitigation Assessment Method (UMAM) to determine mitigation requirements for impacts to wetlands. [§163.3177(6)d.2.j., F.S.; §163.3177(6)d.2)(b)3}.k., F.S.I Policy 204.2.12 To protect submerged lands and undisturbed wetlands, the open space requirement shall be 100 percent of the following types of wetlands: 1. submerged lands; 2. mangroves; 3. salt ponds; 4. freshwater wetlands; 5. freshwater ponds; and 6. „ndist ii-7be,a sa4m r-s salt marsh and buttonwood wetlands. Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and undisturbed salt marsh and buttonwood wetland only for use as transferable development rights away from these habitats. Submerged lands, salt ponds, freshwater ponds and mangroves shall not be assigned any density or r9i c n, �� .a 7. 9r i3(w) til within one (1) year after intensity. �n �, ____-�— _ ��-m-�n the adoption of the 2030 Comprehensive Plan, the County shall revise the LDC to include a prohibition of development in salt ponds. [§l63.3177(6)d.2.j., F.S.; § 163.3177(6)d.2.k., F. S.l Policy 204.2.-23 No structures shall be permitted in submerged lands, mangroves, salt ponds, or wetlands, except for elevated, pile -supported walkways, docks, piers, and utility pilings._ No fill shall be permitted in submerged lands, mangroves, salt ponds, or wetlands except; 1. as specifically allowed by Objective 24-2-.6213.5 and subsequent Policies; 2. to fill a manmade; excavated water body, such as a canal, boat ramp, or swimming pool if the Director of Environmental Resources Conservation and Coastal Management 42 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update determines that such filling will not have a significant adverse impact on marine or wetland communities; er- 3. as needed for shoreline stabilization or beach renourishment projects with a valid public purpose that furthers the goals of the Monroe County Comprehensive Plan, as determined by �t7h�e Dir-eeter-s of Planning n E ent�eseurce�rlill sstieh prejeets shall 5.013 (2)( )64County Policy 204.2.34 No fill or structures shall be permitted in mangroves or wetlands except as allowed by Policy 204.2.-2--3 (as amended) and for bridges extending over mangroves or wetlands that are required to provide automobile or pedestrian access to dwelling units located on upland areas within the same property for which there is no alternative means of access. Such bridges shall be elevated on pilings such that the natural movement of water, including volume, rate, and direction of flow shall not be disrupted or altered. Upland areas shall include disturbed wetlands that have been lawfully converted into uplands through filling. . f §§ 163.3177 6)d.2.j ., F.S.; § 163.3177 6)d.2.k, ..�. .. ... .. �. Policy 204.2.65 Monroe County shall maintain environmental standards and environmental design criteria which rp ovide minimum vegetated setbacks of fifty (50) feet to be maintained as an open space buffer for development occurring adjacent to all types of wetlands —except for tidally inundated mangrove fringes and as provided for in Policies 204.213, and 204.2.34—and204. . The setback is measured from the landward extent of the wetlands as determined pursuant to 62-340.300 F.A.C. Conservation and Coastal Management 43 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update If a 50-foot setback results in less than 2,000 square feet of principal structure footprint of reasonable configuration, then the setback may be reduced to allow for 2,000 square feet of principal structure footprint of reasonable configuration, provided that the setback is not reduced to less than twenty-five (25) feet. On properties classified as scarified adjacent to wetlands, the wetland setback may be reduced to twenty-five (25) feet, without regard to buildable area, if the entire setback area is planted and maintained in native vegetation with a site -suitable stormwater management plan in accordance with County regulations and approved by the County Biologist and placed under conservation easement. "Development" shall include all activities as currently defined in the F.S. 380.05- compliant land development regulations, hereby incorporated by reference. The effectiveness of this policy shall be reviewed during the Evaluation and Appraisal Review (EAR) Process. f §§ 163.3177(6)d.2.j ., F.S.; §163.3177(6)d.2.k., F.S.I Policy 204.2.6 Within one (1) year after the adoption of the 2030 Comprehensive Plan, the County shall evaluate revising the LDC to modify the definition of disturbed wetlands to include those wetlands that receive a KEYWEP total functional index of,; 5 nr lace Policy 204.2.7 Within one (1) year after the adoption of the 2030 Comprehensive Plan Update, Monroe County shall revise the LDC to provide a definition of wetlands that is consistent with the State definition contained in 62-340.200 (373.019(17) F. S.). Policy 204.2.78 Monroe County shall attempt to ensure that dredge and fill activities that require permits from federal, state, regional, and county regulatory authorities are done through a coordinated interagency review process. hi addition, applieants-R 101.2.2 and IM530 Policy 204.2.59 No "after -the -fact" permits shall be issued that violate Monroe County dredge and fill regulations. All illegal structures and fill shall be removed and damages mitigated. rorfig; oT�z23(7 Policy 204.2.910 Monroe County shall develepmaintain, and update as necessary, a schedule of monetary penalties that provides for fair and equitable penalties for all dredge and fill violations. Penalty revenues obtained f am those ..:,,'bons shall be paid to the Monroe County Environmental Land Management and Restoration Fund or set aside and used specifically for water quality enhancement projects- or wetland Conservation and Coastal Management 44 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update restoration or enhancement projects,—+W-5�=, , �• .. • . rs:reTE��s�es�rs:new . �ssrs�ee�: Conservation and Coastal Management 45 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update WOM 1Imz 9 • . • A ftind be This ftind ineltide, wetlands r-ester-a+ien shall established. shall a+ a fees paid by landewner-s d&veleping in distttfbed salt mar-sh and a ININ • <The Remainder of This Pa,-e Left Intentionally Blank> Conservation and Coastal Management 46 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 204.34 By janttafy , Monroe County shall e4ftb4shmaintain a program for acquiring or restoring high quality u ,that b e salt m r-s and btit4a,,., a wetlands. (See Future Land Use Objective 102.4 and related policies.) ; [§163.3177(6)d.2.e- F.S.; W3.3177(6)d.2.j., F.S.I Policy 204.43.1 The Monroe County Growth Management Division in coordination with the Monroe County Land Authority and other federal and state agencies will continue with wetlands acquisition through the Florida Forever program, and other funding mechanisms such as the Monroe County Land Acquisition Fund. Priority wetland acquisition sites shall include the following: wetlands having the greatest functional value as determined i the Fle -: a Keys ADID by KEYWEP; 2. wetlands which are documented habitat of species of special status; and/or undisturbed and disturbed wetlands located within "pr-aved Subdivisions. the Improved Subdivision (IS) zoning district. Rl63.3177(6)d.2.e., F.S.; W3.3177(6)d.2.j., F.S.I <The Remainder of This Pa,-e Left Intentionally Blank> Conservation and Coastal Management 47 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update GOAL 205 The health and integrity of Monroe County's native upland vegetation shall be protected and, where possible, enhanced. i9`19T--013(2)(-a}] Rl63.3177(6)d.2.d., F.S.; 163.3177(6)d.2.h., F. S.l Obiective 205.1 Monroe County shall Sttidy (FKGGS), FN4R!, habitat fnaps and field evaltiation to identify and fRap areas of maintain the Tier Overlay District Maps as required in Policy 105.2.2. [9j 5.012(3)(b)!; °j 5.01-f 163.3177(6)d.2 .d., F.S.; §163.3177(6)d.2.h., F.S.] Policy 205.1.1 The County shall establish the following criteria, at a minimum, to use when designating Tiers: [9j5." f § 163.3177(6)d.2#M.d., F.S.; § 163.3177 6)d.2.h., 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. Conservation and Coastal Management 48 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update 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. M11, • • k. i Conservation and Coastal Management 49 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 205.2 To implement Goal 105 of this Plan and the recommendations in the Florida Keys Carrying Capacity Study (FKCCS), Monroe County shall adept revisions to the 1 maintain land development regulations which further protect and provide for restoration of the habitat values of upland native vegetated communities, including hardwood hammocks and pinelands. ; f § 163.3177(6)d.2.d., F.S.; § 163.3177(6)d.2.h., F. S.l Policy 205.2.1 Monroe County shall maintaindesigna+e the boundaries of the Mier system overlay based on the criteria in Policy 205.1.1. Policy 205.2.2 Monroe County shall discourage developments in Tier I and within tropical hardwood hammock or pinelands of one acre or more in area to protect areas of native upland vegetation- (See Policy 101.-56.4). [§163.3177(6)d.2-and 3; 9r c " d., F.S.; §l63.3177(6)d.2 h. F.S. Policy 205.2.3 Ptister-i onroe County shall maintain clustering requirements shall be , v a *� r� e the f llow as follows: when a parcel proposed for development contains more than one (1) habitat type, development shall be: a) clustered on the least sensitive portion of the parcel, until the maximum allowable density is reached; b) if further development occurs, it shall be clustered on the next least sensitive portion of the parcel, until maximum allowable density is reached, etc.; and 2. development permitted on the least sensitive portion(s) of a parcel shall be clustered within that portion(s) of the parcel. RA44For the purpose of this policy, the relative sensitivity of separate habitat tubes shall be defined b v the r-ankine eur-r-extiv eentained in te ;may-eferexee-as listed below with 1 (freshwater wetlands) being the most sensitive and 16 (disturbed with exotics) the least sensitive. 1. Freshwater wetlands, 2. Salt marsh and/or buttonwood association wetlands, 3. Cactus hammock, 4. Palm hammock, 5. Beach/berm; Conservation and Coastal Management 50 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update 6. Pinelands 7. High Hammock 8. Low hammock 9. Disturbed beach/berm; 10. Disturbed with freshwater wetlands, 11. Disturbed with salt marsh and/or buttonwood association wetlands, 12. Disturbed with slash pines, 13. Disturbed with high hammock, 14. Disturbed with low hammock, 15. Disturbed, and 16. Disturbed with exotics. Policy 205.2.4 Bulk regulations and development standards shall be reviewed and revised so as to allow greater flexibility for clustering. Policy 205.2.5 Existing Conditions Reports shall include identification of measures for protecting native upland vegetation (Soo GE)a "Q Successful implementation of these measures shall be required as a condition of issuance of a certificate of occupancy. {9-5 )(e}3} f§163.3177(6)d.2.d.1 Policy 205.2.6- The allowable amount of permitted clearing of native upland vegetation communities shall be defined by habitat and the location of the property in the tier overlay district maps._ Clearing of upland native vegetation communities in the Tiers I, II, and III -A SPA shall be limited for the portion of the property containing upland native vegetation in accordance with Policy 101.45.2-227. f §§ 163.3177(6)d.2.d., F. S.l Policy 205.2.7 Clearing of native vegetation shall be limited to the percentage and maximum allowed in Policy 101.45.2-227. For applications that receive points for lot aggregation under the Permit Allocation System for residential development, clearing of upland native vegetation shall be limited to a maximum of 7,500 square feet, or as specified in Policy 101.45.2-227. The immediate development area shall include the area of approved clearing shown on the approved site plan. The immediate development area shall be fenced throughout the duration of construction. During construction, there shall be no disturbances of the ground surface and vegetation within areas of native upland vegetation not approved for clearing. [nr 5.013(2)(e)94 §163.3177(6)d.2.d., F.S.l (O-,a;,,. nee rnti Conservation and Coastal Management 51 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy 205.2.8 Development shall not disturb the following vegetation 1. champion trees; 2. specimen trees (diameter at breast height that is greater than seventy-five (75) percent of the record tree of the same species for the State of Florida); and plant species listed by the USFWS as threatened and endangered. {93- 5ni3(2)(e)3 Rl63.3177(6)d.2.d., F.S.; W3.3177(6)d.2.h., F.S.I Policy 205.2.9 Development shall be sited so as to avoid or minimize impacts e ko the following plants: species listed by the Florida Department of Agriculture and Consumer Services as threatened, endangered or commercially exploited (excluding those specifically protected by Policy 205.2.8); 2. other locally rare native species (See Policy 205.3.1); and native trees with diameter at breast height (dbh) of four (4) inches or greater. In those instances; where an applicant can demonstrate that avoidance of such species or trees is not possible by clustering or by an alternate design approach, then the following options shall be considered by the County Biologist: (1) Successful transplantation of affected plants/individuals shall be considered ("successful transplantation" shall be defined as one -hundred (100) percent survival after a period of one (1) year), or f2hWhere the probability of survivability of transplanted plants is low or when there is no suitable planting area on the subject site (as determined in writing by the County Biologist), then the applicant shall be required to pitymake a payment into the Monroe County Land Management and Restoration Fund (See Goal 210 and related objectives and policies er). Payments into this Fund for this purpose shall be calculated as follows: Payments shall be equal to deffa�ethe replacement cost at a rate of 2:1 for all native trees over four inches dbh; all listed species of any size, and all locally rare native species, or Conservation and Coastal Management 52 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update (3) Donation of nursery stock to county or state restoration projects- (subject to approval by the receiving public agency/manager). Donated nursery stock shall be identical in species composition to that which will be lost to construction- or as determined by the receiving_ public agency/manager for the restoration project. Stock shall be donated according to the fe4ew4*g-replacement serrate 2:1 described above. The County Biologist may also approve alternative native species, as requested by the receiving public agency/manager. f §§ 163.3177(6)d.2.d., F. S.l WPM Policy 205.2.10 -- . r:�e�ere�e�E�retis:re�E�sr.�e:sers. Invasive exotic vegetation shall be removed from the development parcel as a condition for issuance of a Certificate of Occupancy. [ r c n,3(we)-3 f §§ 163.3177(6)d.2.d., F. S.l Policy 205.2.11 A list of invasive exotic upland plants shall be maintained by the County biologist. and made available to the general public. f§163.3177(6)d.24.d., F.S.I Policy 205.2.12 Monroe County shall use the legal eenditiens ef land f Febpdafy 2 , 996 and as depieted an the —"December 1985 Habitat Classification Aerial Photographs," as a general wide to habitat characteristics, r-efer-efiee as a baseline for- the type and e�Etefit of habitat an a par -eel. The 1995- supplemented by recent aerial photography and existing site analysis to determine any increases and/or losses in the amount of upland native vegetated areas. The County biologist shall review the best available data for the review of habitat areas. Conservation and Coastal Management 53 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy 205.2.4-413 Monroe County shall require, in the Land Development R eotr:Code an Existing Conditions Report including a vegetation survey for any development that may disturb native upland vegetation. At a minimum the report shall include an analysis of the potential impacts of the proposed development on native upland habitats, a description of the measures designed to reduce identified adverse impacts including clustering_ <The Remainder of This Pa,-e Left Intentionally Blank> Conservation and Coastal Management 54 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 205.3 By janttafy , Monroe County shall ' maintain the existing program for identification and protection of plant species of special status. These shall include plants designated as threatened and endangered by the FW S and those designated as threatened, endangered, or commercially exploited by the Florida Department of Agriculture. {93 5." f§163.3177(6)d.2 }.d., F.S. , §163.3177(6)d.2.e., F.S.] Policy 205.3.1 Monroe County shall develepmaintain a list of locally rare plant species. This list shall include species which are rare within the Florida Keys but which do not have special status. [ r c n, 3 (2V..M f �163.3177(6)d.2.d., _F. S. §163.3177(6)d.2.e., F.S.] Policy 205.3.2 Monroe County shall e�Epa d and „rdat, 4*smaintain maps showing occurrences of the following species: plant species designated by the FW S as threatened and endangered; 2. plant species designated by the Florida Department of Agriculture as threatened, endangered or commercially exploited; and plant species designated as locally rare. Information shall be obtained from the Florida Natural Areas Inventory data base. -Rdatabase, which shall be entered into the County's GIS. To the extent possible, the historic occurrence data shall be plotted on specific parcels for which the occurrences were recorded. The GIS data base shall be updated annually. {93- 5n i 3 (w f � 163.3177(6)d.2. d., F.S. , § 163.3177(6)d.2. e., F.S.] Policy 205.3.3 Monroe County shall aeti�vely participate in the Florida Champion Tree Program of the Florida Department of Agriculture. r9T� f§163.3177(6)d.2#}.d F.S. , §163.3177(6)d.2.e., F.S.] Policy 205.3.4 Monroe County shall work cooperatively with the FWS to promote the recovery of plant species designated by the federal government as threatened and endangered. Related activities shall include: identification of sites in the Keys with key tree -cactus (Ee' ems F&Aii+4Polosocereus pole), Small's milkpea (Galactia smalhi), and Garber's spurge (A'"Chamaesyice garberi); Conservation and Coastal Management 55 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update 2. notification to the FWS when development proposals are received for sites having historic and/or current occurrences of federally -designated plant species list in (1.) above; 3. cooperation with the FWS in locating potential introduction sites for federally -designated plant species; and 4. technical assistance, and where possible, financial assistance, with acquisition of: a) sites having known populations of federally -designated plant species; or b) sites deemed highly suitable as re -introduction sites for such species. r9r c n13(2)( #] f� .3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.l <The Remainder of This Pa,-e Intentionally Left Blank> • , , • .. Conservation and Coastal Management 56 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 205.4- Monroe County, together with private, state, and federal agencies, shall e4ftb4shmaintain a program for acquiring and maintaining native upland habitat to implement Goal 105 and the recommendations in the FKCCS. (See Future Land Use Objective 102.4 and related policies). i9-5-012(3)(b)4; 93-5" f§163.3177(6)d.2#)6].d., F.S.; §163.3177(6)d.2.e., F.S.l Policy 205.4-.1 The Monroe County Division -of Growth Management- shall work cooperatively with the Monroe County Land Authority and other responsible state and federal agencies in developing and administering the acquisition program. Acquisition shall be undertaken to implement the Monroe County Land Acquisition Master Plan (Objective 102.4). [9i 5.012(3)(e)2; 93--013(2)(e)q f § 163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.] MR AW Policy 205.4.2 Monroe County shall support the acquisition of native upland habitat for conservation within areas designated Tier I, Tier 11, Tier III -A, and Florida Forever project boundaries. f§163.3177(6)d.2.h.,F.S.1 Policy 205.4.3 Monroe County shall continue to restore and maintain native upland vegetation systems on County -owned lands. (See Objective 210.1 and related policies). f §§ 163.3177(61)d.2.d., F.S.; § 163.3177(6)d.2.e., F. S.l <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 57 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update •rfEf . i i.. �.�• • • .illif1p lit I'll" 1.4 • Conservation and Coastal Management 58 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update • • • 1 i. _ • . • • • Conservation and Coastal Management 59 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update • ••• • • • . _ • Conservation and Coastal Management 60 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update w III • Conservation and Coastal Management 61 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Conservation and Coastal Management 62 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update GOAL 2-P206 Monroe County shall protect and conserve existing wildlife and wildlife habitats. H-Y- � [�163.3177(6)d.2)(a)}.e. F.S. Obiective 247206.1 Monroe County shall continue to the band Development eglati enforce land development regulations which protect wildlife and wildlife habitat from adverse impacts of development. ; 5.013 (2)(b)6 Policy 247206.1.1 An xisting Conditions Report(ECR) shall be required for ma -erland development projects that impact or propose removal of native habitat. As part of the €4AECR, the applicant shall be required to eempl4e rp ovide the following aetivitiesinformation related to wildlife and wildlife habitat: a speeiesvegetation survey to inelude, at a fninimum, speeies of 'hat identifies the site in the prgjeet ir-e distribution and quality of native habitats; 2. an assessment of any endangered/threatened or protected species (which is known to occur or asseeiated ., 4 for which potential suitable habitat occurs) within the parcel or lot proposed deve' rme *to be developed; and identification of measures that will avoid or lessen the identified wildlife impact. Monroe County shall, when deemed appropriate, incorporate wildlife impact avoidance measures as stipulations for the land development order. [93- Policy 20-7206.1.2 <PC recommended further discouraging development on offshore islands with no prior development> Development shall be prohibited on offshore islands (including spoil islands) which have been documented as an established bird rookery, based on resource agency best available data or survey, Conservation and Coastal Management 63 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy 247206.1.43 Clustering requirements shall be revised so as to reduce habitat fragmentation (See Policy 205.2.3). i9`19j-5.Qi3(2)(e)5 and-64 Policy 206.1.4 <Staff recommended> Monroe County shall work cooperatively with the U.S. Fish and Wildlife Service (USFWS) and Federal Emergency Management Agency (FEMA) to review permit applications for compliance with the Federal Endangered Species Act through the "Permit Referral Process" within the floodplain regulations. The purpose of the "Permit Referral Process" is to implement regulations that will assure, consistent with the loth Amendment to the U.S. Constitution, state and county regulations, proper record retention, coordination, and notification of FEMA and FWS regarding permit applications filed with or issued by Monroe County. Monroe County shall implement a "Permit Referral Process" for review of all development that occurs within areas designated as "Species Focus Areas (SFAs)" or "Species Buffer Areas (SBAs)". The SFAS or SBAs are areas identified by the U.S. Fish and Wildlife Service which contain potentially suitable habitat for nine federally protected species including: Eastern Indigo Snake, Key Deer, Key Largo Cotton Mouse, Key Largo Woodrat, Key Tree Cactus, Lower Keys Marsh Rabbit, Schaus Swallowtail Butterfly, Silver Rice Rat, and Stock Island Tree Snail. <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 64 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 2-P206.2 Monroe County shall provide guidance to private landowners to reduce disturbances to wildlife species designated by the FWS and the State as threatened or endangered. ; Policy 24P206.2.1 the -Monroe County Biologist, seer-dinatie„ with r,,.ry FGFIAIFG and the €shall pr-epazedistribute management guidelines (if available) for wildlife species designated as threatened and endangered by the state and federal governments. guidelines and publie edueational fnater-ials prepared by the state and federal The guidelines shall provide public education to residents and prospective developers within critical habitat areas regarding activities disruptive or harmful to specific wildlife species. As appropriate for each species, the guidelines smay address items such as feeding, free -roaming domestic pets, invasive exotic species, noise, traffic, fencing, pesticide applications, etc.&iisting 4Ws and penalties for- their- vialation shall be identified. A separate set Of gUidelifies Policy 247206.2.2 Monroe County shall make the management guidelines for designated wildlife species available to the general public. ; Policy 247206.2.3 Monroe County slalmay, as appropriate, incorporate specific management guidelines for statefederally-designated wildlife species as *irt�conditions for land development orders. [9T 53(e)5 <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 65 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update WIN ••. MAIM'.' Nllffiiiigij�� Conservation and Coastal Management 66 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 247-.4206.3 Monroe County shall protect its native wildlife populations from invasive exotic wildlife species. [9j 5.012(3)(b)!; 93-c•n�')(b)6} 1 <PC recommended addin �- - - -HIM Conservation and Coastal Management 67 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update wildlife 0 0 s designated as threatened and endangered by the PAIS; Eefieer-ri by the FIGWA IG; and O. III Im-wimblol. Conservation and Coastal Management 68 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update • . • MIMI 1 •NEIL11• rtes��ste�.i eeret.r�E��:re�rrr�r. stits�:�sst��rer . Conservation and Coastal Management 69 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 247-.7206.4 Monroe County shall continue to discourage the destruction of the federally -designated Key deer (Odocoileus virginianus clavium) and to protect its habitat. ; through the implementation of the policies incorporated herein. Policy 207.7.1206.4.1 Monroe County shall regulate future development and coordinate the provision of public facilities on Big Pine Key and No Name Key, consistent with the Goals, Objectives and Policies of this Comprehensive Plan and in-er-dei, the Incidental Take Permit (ITP) and Habitat Conservation Plan (HCP) for Florida Key Deer and other Protected Species on Big Pine Key and No Name KeX to: protect the Key deer; 2. preserve and enhance the habitat of the Key deer; and maintain the rural, suburban, and open space character of Big Pine Key. (See Future Land Use Objective 103.1 and related policies.) {93- Policy 2n� 206.4.2 , Monroe County shall ideatiPycontinue to designate Key deer habitat areas as pr-ier-ity acquisition sites for conservation purposes, pursuant to Policy 102.4.2. Emphasis shall be plaeedequisition of fneveneat are laeated within imp--eveimpr-eved Subdivisionsand Leh—aye-eutsidde of- and in accordance with the Deer- Refuge), W» (for- the Coupon Bight GAR n -gj eet) and SFAAI 4D (f the HCP & ITP. P., -k Pr-agr-am. (See Future Land Use Objective 102.4 and related policies). f 9J- Conservation and Coastal Management 70 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update t(p o F A A Rules Chapter- 4 9 7). [9j - 9T5.013(2)(e)5 64 Policy 207-A.56.4.3 By T.,,,,,afy n 1999, the !`.,tia, , Biologist shall designate Key deer- l,.,l. at .,,, Big Pine Key,— and No Name Key, shall be high priority areas for enforcement of animal control laws_ (r,, -stia t to p liey 20:7.3. 1). AdeEltiate stag shall be pr-&vided a+ the animal shelter- en Big Pine Ke�, to ei3fer-se-anifnal eantrel laws (deter -mined pur-stiant to Paliey 207.3.3). - Policy 2-P206.7-.144_4 Monroe County shall continue to meet with the FWS to determine measures which can be taken by the County to support the FWS in enforcing existing no feeding laws pertaining to the Key deer. n r Policy ZP206.7315 On an ongoing basis, Monroe County shall strictly enforce speed limits on roads on Big Pine, No Name, Big Torch, Middle Torch-afW1 Cudjoe and Summerland Keys. i9-5-012(3)(e) 1; 92)(e)5 and 64 1. <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 71 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 71 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective-247A 206.5 Monroe County shall implement activities to prohibit the destruction of the Florida manatee (Trichechus manatus), American Crocodile (Crocodylus acutus), and marine turtles, as well as to protect the habitat of these species. Species of marine turtles to be protected shall include the Atlantic Loggerhead Turtle (Caretta caretta), Leatherback Turtle (Dermochelys coriacea), Atlantic Hawksbill Turtle (Eretmochelys imbricata), Green Turtle (Chelonia mydas), and any other- erm g Maaf:ae Gatia: , Kemp's ridley Turtle (Lepidochelys kempi). Policy 207.8.1206.5.1 Monroe County shall revise the band D&velepmenl Regulations to ifie'�zevi-aeamaintain land development s*�regulations pertaining to permitted uses, siting of structures, disturbances, removal of invasive vegetation, and restoration of native vegetation in beach/berm areas. (See Objective 2-0611.1 and related policies). ; Policy 2n� 206.5.2 Monroe County shall ' continue to restore and maintain disturbed beach/berm areas on Monroe County owned or managed public lands. (See Pelieies Objectives 210.1 Viand 210.32). {91- . _ �.. I for 01 , Policy 2nz0Tv:v 206.5.3 Monroe County shall adeptmaintain the turtle protection ordinance- and shall periodically amend the ordinance to reflect current Florida Fish & Wildlife Conservation Commission sea turtle liahtina guidelines. (62B-55 Conservation and Coastal Management 72 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Policy 2nz0Tv:v 206.5.3 Monroe County shall adeptmaintain the turtle protection ordinance- and shall periodically amend the ordinance to reflect current Florida Fish & Wildlife Conservation Commission sea turtle liahtina guidelines. (62B-55 Conservation and Coastal Management 72 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update FAC, 161.163 F.S.) Regulations of this ordinance shall apply to existing and new development and shall generally accomplish the following: 1. prohibit activities disruptive to marine turtles; 2. e4ab4shmaintain standards for preventing interior lighting from illuminating nesting areas during the nesting season; 3. estab4shmaintain standards for mechanical beach cleaning; and 4. protect marine turtles from predation. n-T- zz( )(^` 9i 5.013(2)(e)5 Policy 2n� 206.5.4 Monroe County shall continue to protect marine turtles, crocodiles, and alligators from land development activities. Regulations shall generally accomplish the following: 1. restrict existing and prohibit new beachfront outdoor lighting in the vicinity of nesting areas; 2. prohibit structures within fifty (50) feet of the crest of the beach/berm for any beach which is known to serve as an active nesting area; 3. establish general standards for coastal construction in the vicinity of active nesting areas; and 4. require removal of invasive exotic vegetation from development sites in beach/berms as a condition of development approval for adjacent uplands. War-ae County shall stippai+ and, when a. �st the effai4s f Policy 207.8.9 206.5.5 Staff of �Monroe County vepai4fnen+ of Eavir-e men esetir-e she staff may attend routine training sessions in marine turtle handling. This training shall qualify staff to handle marine turtles and their eggs, as appropriate, when they are observed during beach site inspections. [ r 5.012(3)(e)44 1 1 I! i •�• �i Conservation and Coastal Management 73 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update • . • . . 1 • NIMI MOORE• <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 74 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective-247-.9 206.6 Monroe County shall implement measures intended to protect the critical nesting and resting sites of its bird populations, including permanent and transient species.--F93- �- MS- - NOW �„ .. I! . ..• ,, • ..�• I_ FMAV F. 11 6 Goa Policy 206.6.1 Monroe Countv shall maintain regulations which limit land uses and establish protection measures for nesting areas of wading birds, hawks, falcons, seabirds, shorebirds, and any bird species federally or state -listed as endangered, threatened, or a species of special concern. Conservation and Coastal Management 75 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy 2n� 206.6.2 denfif�Monroe-CountL shall include the fell awing nesting areas or other critical habitat of bird species federally or state -listed as endangered, threatened, or a species of special concern.pffef4y as potential acquisition sites for conservation purposes._(See Future Land Use Objective 102.4 and related policies.) <The Remainder of This Pa,-e Left Intentionally Blank> Conservation and Coastal Management 76 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective ''n� 206.7 Monroe County shall implement activities to prohibit the destruction of the federally - designated Schaus swallowtail butterfly (Heraclides aristodemus ponceanus). [9j and the Miami blue butterfly (Cyclargus thomasi bethunebakeri). �. ..• „_ �Eff�l.T.11al�VTrNN �Eff�l.T.11al�VTrNN I.T.SIfE!!f!l141t�'i�'i.. , A . • MINE • Policy'�6 206.7.1 Monroe County shall encourage the planting of larval food and nectarine plants within the range of the Schaus swallowtail butterfly habitat. Restoration sites shall be re -vegetated, in part, with torchwood and other plants upon which this species depends. Tree donations for replacement Of imbacted botentially suitable habitat for the Schaus swallowtail butterflv shall include weed plants upon which this species depends. (°-J 53(e)5 Conservation and Coastal Management 77 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy ''^�T 206.7.2 Monroe County shall monterAAeem ee =with eae al r-egulations encourage the planting (in suitable habitats) of the c,.h atis swalkwv4ail the types of plants upon which the Miami blue butterfly depends. <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 78 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective ''n� 206.8 Monroe County shall implement activities to prohibit the destruction of the federally - designated Stock Island tree snail (Orthalicus yeses). i9-5-012(3)(b)!; 9 T--013(2)( Policy '�z 206.8.1 The Monroe County Biologist shall coordinate with USFWS and other resource agencies to obtain periodic population counts for the Stock Island tree snail *ems. Policy ''^�z 206.8.2 , Monroe County shall take .,,bons to wer4coordinate with the Menr-ee GetintyFlorida Keys Mosquito Control BewdDistrict to take actions to direct spraying of mosquito control pesticides away from known populations and critical habitat of the Stock Island Tree Snail. ; Policy'�3 206.8.3 , Monroe County shall cooperate with the USFWS in locating potential introduction sites for the Stock Island Tree Snail. [°-T 53(e)5 Policy 1n�4 206.8.4 Potential introduction sites for the Stock Island Tree Snail, which are not currently in public ownership, shall be designated as pr-ier-ity acquisition sites for conservation purposes, pursuant to Policy 102.4.2. Acquisition shall be considered through the Florida Forever program and other funding mechanisms such as the Monroe County Land Acquisition Fund. <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 79 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective ''n� 206.9 Monroe County shall implement activities to protect the habitat of, and to prohibit the destruction of, the federally -designated eastern indigo snake (Drymachron corais couperi), Key Largo wood rat (Neotoma floridana smalli), silver rice rat (Orzomys argentatus), Key Largo cotton mouse (Peromyscus gossypinus allapaticola), American crocodile (Crocodylus acutus), and the Lower Keys marsh rabbit (Sylvilagus palustris hefneri). [9j 5. 12(3)(b)!; 93-c•n�')(b)6] Policy '�.1206.9.1 Monroe County, in cooperation with the FWS and �'�'�FWC, shall identify wetland and native upland habitats which are dpotentially suitable habitat for the following: 1. eastern indigo snake (Drymachron corais couperi) (sites from No Name Key to Sugarloaf Key, on Big Torch Key, Middle Torch Key, Big Pine Key and Plantation Key); 2. silver rice rat (Orzomys argentatus) (sites on Cudj oe, Summerland, Big Torch, Middle Torch, Saddlebunch, Little Pine, Raccoon, Water, and Johnson Keys); 3. Lower Keys marsh rabbit (Sylvilagus palustris hefneri) (sites on Sugarloaf, Welles, Annette, Boca Chica, Big Pine and Hopkins Keys); 4. Key Largo wood rat (Neotoma floridana smalli) (on Key Largo); 5. Key Largo cotton mouse (Peromyscus gossypinus allapaticola) (on Key Largo); and 6. American crocodile (Crocodylus acutus). ; c ni3(w,.)c .,n 6] Policy'�.2 206.9.2 Sites identified pursuant to Policy ''�.1206.9.2 shall be identified as priority acquisition sites for conservation purposes. Particular emphasis shall be placed upon acquisition of identified wetland and native upland sites which are located within Improved Subdivisions. Acquisition shall be considered through the Florida Forever program and other funding mechanisms such as the Monroe County Land Acquisition Fund. 1 Conservation and Coastal Management 80 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update �. • • • � , . � . rrxs:s�r�.�:eetitstsstes. Ow i_ .. .. • . • "7-z .1 1 �.IIIIIIM 0 F- i. ••• „_ _EM <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 81 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective ''n� 206.10 Monroe County shall implement activities to protect the habitat of, and to prohibit the destruction of, the federally -designated American alligator (Alligator mississippiensis). Policy 20w7.13.1206.10.1 , Monroe County shall adopt Tevs to the LLand maintain land development regulations which establish the open space requirement for freshwater ponds and freshwater wetlands at one -hundred (100) percent (Monroe County BOCC, 1990). (See Policy 204.2.1) [9i 5.012(3)(e) 1; 93-c•n�-013(2)(e)5 and-64 1. Policy 7n�4 206.10.2 Monroe County shall icontinue to protect the freshwater lens systems and associated recharge areas on Big Pine Key and adjacent keys. Special measures shall be implemented to protect the quantity and quality of groundwater recharge to the freshwater lenses. (See Natural Groundwater Aquifer Recharge Element Objective 1101.2 and related policies). i93-5.013(2)(e)5 and 6] <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 82 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Policy 7n�4 206.10.2 Monroe County shall icontinue to protect the freshwater lens systems and associated recharge areas on Big Pine Key and adjacent keys. Special measures shall be implemented to protect the quantity and quality of groundwater recharge to the freshwater lenses. (See Natural Groundwater Aquifer Recharge Element Objective 1101.2 and related policies). i93-5.013(2)(e)5 and 6] <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 82 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update GOAL 2079 Monroe County shall protect, conserve, and appropriately use its soil and mineral resources.—F9J-- 9Tit R 163.3177(6)d.2)(a)}. d., F. S.l Obiective 207.15.4 ,Within one (1) year after the 2030 Comprehensive Plan, Monroe County shall adopt revisions to the Land Development Reg lat land development regulations which establish additional health, safety, and environmental protection standards for the extraction or use of mineral resources. r9r c n, 3(2)(b)3 Policy 207_15.4.1 New minin extraction activities and expansions to existing miningresource extraction operations shall be prohibited. Oil and gas exploration, extraction and production in Monroe County shall be prohibited. Monroe County shall also oppose oil, gas and mineral exploration, extraction and production in the Florida Keys National Marine Sanctuary. Policy 207.1.2 Existing fniningfesource extraction operations may continue in accordance with the specific limitations of their current permits. All existing miningresource extraction operations shall be required to utilize methods to prevent permanent groundwater and surface water contamination during miningresource extraction operations. These shall include but not be limited to the following: the first flush of runoff from the fniningresource extraction site shall be retained on -site; 2. turbidity controls shall be used to prevent contamination of adjacent off - site surface waters; and 3. o 0 site -s aee wa+er-s;-ice 43. all point sources of pollution shall be fedtteedmanaged in accordance with applicable regulations of the vepai4fneat of E4avirAermeata Regttla and the U.S. Army Corps of Engineers. When an application for annual permit for existing miningresource extraction operations is proposed, the requirement for groundwater and surface water quality protection measures shall be attached as permit conditions. Conservation and Coastal Management 83 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Monitoring shall be required to determine compliance with state water quality standards. In the event that water quality standards are violated as a result of a mining operation. the mining activitv shall be stopped. and relevantfines and <PC recommended adding> Policy NW207.21.3 Pf:apef: pf:eeati4taas--sha'�et-aken Monroe County shall maintain land development regulations to prevent adverse effects from blasting Policy 207_15.4.4 Resource extraction activities shall not involve extraction below sixty (60) feet. [9j c ni3(w,.»1 Policy 207.1.55.2.6 As a condition of renewal forte operating permits, existing resource extraction operators shall submit the following plans: 1. stormwater management plan; 2. soil erosion and sedimentation control plan; 3. fugitive dust control plan; 4. reclamation plan (consistent with standards adopted pursuant to Policy 208.21.-59); the reclamation plan shall be approved by Monroe County; 5. survey information documenting maximum depth of excavation -ate; 6. a risk analysis and mandatory pre -blasting survey shall be conducted for every structure within a scaled distance of 150 feet as defined in the Monroe County Blasting and Explosives Ordinance-; and Conservation and Coastal Management 84 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update 7. proof of financial responsibility including a reclamation guarantee to ensure monies will be available to complete the reclamation. Policy 207.1.68 Monroe County shall periodically inspect permitted sites to verify compliance with provisions of the control plans and reclamation plan upon which the annual operating permit is conditioned. [9j 5_0' 3(2)(e71 Policy 207.1.78 No permit renewals for resource extraction shall be issued for non eaafa�*r� uses that are not conforming to the LDC. Policy 207_1.8.2.1t} Oil and gas 0 aa,0 �Etr-aetiaa and pr-oduetion in War-ae County shall be Monroe County shall encourage reclamation in accordance with the LDC; the FDEP standards contained in F.S. Chapter 378 Part IV; FDEP Rule 62C-36 (Limestone Reclamation Requirements), and FDEP Rule 62C-39 (Reclamation Requirements for Solid Resource other than Phosphate, Limestone, Heavy Minerals, and Fullers' Earth): whichever is most stringent. - Ez- 7WEISZ �111161, "1, �11 I I 1.� I I., ........... Pnligv =n°_z f oshw i d/ p@rii}arr2�??r-rresn�rcit ei3�-i�Tei3�- i e -urge-ar�rvr Conservation and Coastal Management 85 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Conservation and Coastal Management 86 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 207.2" , Within one (1) year after adoption of the 2030 Comprehensive Plan, Monroe County shall prepare an inventory of active and abandoned mining sites -ate 5.013 (2)(b)3 Policy 207.2.18 Monroe County shall inventory active and abandoned fniningfesource extraction pits in the Florida Keys. The inventory shall include, at a minimum, the location, ownership, parcel and pit size, general assessment of remaining permitted resource potential, geeer-aldescription of existing site conditions, environmental problems for each abandoned pit. f°j- -( z�(c ip t, a describtion of the reclamation blan_ and a describtion of anv financial assurances for reclamation. <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 87 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 207.3 Within one (1) year after the adoption of the 2030 Comprehensive Plan Update, Monroe County shall develop a plan for the reclamation and productive reuse of active and abandoned resource extraction sites. Policy 207.3.1 Monroe County shall work cooperatively with FDEP and South Florida Water Management District (SFWMD) to identify alternatives for adaptive reclamation and productive reuse of resource extraction pits in the Florida Keys. Policy 207.3.28.4.3 Monroe County shall develop and implement a strategy for encouraging reclamation and productive reuse of active and abandoned fniningLesource extraction sites. This shall include resource extraction sites presently exempted from reclamation. The strategy shall encourage owners of resource extraction sites, and encourage adjacent property owners, to implement strategies for reclamation and productive reuse. f 9J 0 J(2*e)2 <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 88 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update GOAL 2089 Monroe County shall discourage private land uses on its mainland, offshore islands and undeveloped coastal barriers, and shall protect existing conservation lands from adverse impacts associated with private land uses on adjoining lands. ; f § 163.3178(2)(fl, F. S.l Obiective-249A 208.1 Development of the mainland area of Monroe County and on the islands in the surrounding waters of Florida Bav_ Hawk Channel_ and other waters within the legal boundaries of Monroe County shall be controlled so as to reduce County public expenditures and to preserve the ., ilde. ess st4enatural, cultural and historic resources of these areas -area, -as-defined tinder- the Wildeffiess ^ 4*._ (See Future Land Use Objective 102.6--7 and related policies.) [ r c n, 3 (3)(b) i f § 163.3177(6)d.2.g- F.S.; 163.3178(2)(f), F. S.l Ob*eetiye 2092 Policy 208.1.1 Monroe County shall maintain land development regulations which control r-egulate-land use activities on the mainland area and the offshore islands in the stir-r-etinding wa+er-s ef Fier-ida Bay, Hawk Channel, and ether- within the legal boundaries of Monroe County. n-T9i 5.013(2)(e5—and-g f §§ 163.3178(2)(fl, F. S.l Ob*eetiye 2092 Policy 208.1.2 Monroe County shall take immediate actions to discourage private development in areas designated as units of the Coastal Barrier Resources System (CBRS). (See Future Land Use Objective 102.8-7 and related policies.) [9i 5 )(" f § 163.3178(2)(fl, F. S.l <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 89 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update GOAL 20944 Monroe County shall continue to maintain and restore as needed, and as funding is available, native habitat including marine, wetland, beach/berm, and native upland �vege rsystems on County -owned or managed conservation lands. [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2)(a)}.e., F.S.;§163.3178(2)(e), Obiective 20940.1 As funding is available, Monroe County shall initiate —a pfegf continue to restore and maintain disfiripted marine, wetland, beach/berm and native upland vege rsystems on Monroe County r„blie lands.owned or managed conservation lands. [§ 163.3177(6)d.2.e., § 163.3177(6)d.2.j ., F.S.; § 163.3178(2)(e), F. S.l Policy 20940.1.1 n - y T - -a4fid to *: o sitesWithin one (1) year after the adoption of the 2030 Comprehensive Plan Update, a list of invasive exotic plants shall be drams updated ever-y the- ear -prepared by the Monroe County Land Steward. This list shall be AGOE, EPA, FAATS DER,,,,. .,,,,a A, updated as necessary and shall be made available to the public. Policy 20940.1.2 Priority wetland restoration sites shall be those disturbed wetlands having the greatest functional value as determined in the Fler-ida Keys A&,anee eatifieatio Weil.,, arn-T-�2(3)(e)2; n-T-�(2)(eM rout �T�C' T'7C� quantitative wetland assessment. [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.;§163.3178(2)(e), F.S.; §163.3178(2)(fl, F.S.I Policy 20940.113 Priority upland restoration sites shall be identified on the basis of findings of the general evaluation of upland vegetation (See Objective 205.1 and related policies). Priority sites shall be those disturbed areas whose restoration will result in the greatest habitat benefit at the least cost. � privately ems}eft .ems. [�9i 5.n�-0-3')(cIA f§163.3177(6)d.2.d., F.S.I ",1 • Conservation and Coastal Management 90 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy 20940.1.4 A —Monroe County shall continue the program shall be developed and updated to remove invasive exotic vegetation from eatin�County-owned or managed conservation lands(eEeltisivtrade Wn 5-013)(e)21—. The County shall also continue to actively participate in the Florida Keys Invasive Exotics Task Force. Policy 20940.1.5 owned rbE'caehiber-fn areas. (See Recreation and Open Space OObjeeti;,64N] it The restoration of County -owned beach/berm areas shall be a priority of the County's Land Management Program. [§ 163.3178 Vie), F. S.l Policy 20940.1.6 - --- ---- r--_-- - - -- -- a-_ _-- -r- ---a---------------a ---- -- restoration sites, these whieh shall be implemeated in the following :�wa years. Restoration priorities shall be developed by Monroe County in consultation with agencies of the federal and state government owning lands in the Florida Keys, and with appropriate federal and state regulatory agencies. r c n, 3 (w,.»' See Recreation and Open Space Objective 1201.447 and related policies). Policy 20940.1.7 Restoration projects shall be completed as funding becomes available. Local, state and federal funding sources shall be used to support restoration projects. [ r 5.013(2)(6)7] Policy 20940.1.8 A r-esteZ;A4; 4i4;d shall be established. This ftind shall eensist ef meneys , Monroe County shall continue to utilize the Monroe County Environmental Land Management and Restoration Fund for the management of County -owned and County -managed conservation lands. The Fund may only be used for restoration and management activities of public resource protection and conservation lands. Policy 20940.1.9 Monroe County shall support the efforts of state and federal agencies and private groups that buy land for conservation purposes to remove invasive exotic Conservation and Coastal Management 91 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update vegetation from acquisition sites ineluding beth publiely ownedand pfivately ewned 1 5.012(3)(024 <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 92 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Goal 210 The health and integrity of Monroe County's beach/berm resources shall be protected and, when possible, restored and enhanced. Obiective 210.1 Monroe County shall protect beach/berm resources by maintaining regulations that protect beach/berm resources. Policy 210.1.1 Permitted uses within the shoreline setback along natural shorelines characterized by beach/berm vegetation shall be limited to docks and walkways. Access shall be restricted to wooden dune walkover structures which, in the absence of a dock, shall terminate at the waterward toe of the dune. All structures shall be elevated on pilings or other supports. Policy 210.1.2 No beach/berm material shall be excavated or removed and no fill shall be deposited on a beach/berm. Policy 210.1.3 Clearing of beach/berm vegetation in the area landward of the shoreline setback shall be limited to the minimum clearing required to allow development of a permitted use. Prior to commencement of construction, the immediate area required for construction shall be enclosed with fencing. No vehicular or pedestrian traffic shall be permitted outside the fenced areas for the duration of the construction period. All areas disturbed during construction shall be managed to avoid the introduction and/or establishment of invasive exotic species. Policy 210.1.4 Beach/berm areas disturbed during construction shall be immediately restored to stable condition. Restoration techniques shall be designed to achieve the maximum stability possible. Native plants shall be used exclusively in re - vegetation. Invasive exotic vegetation shall be removed from the development site as a condition for issuance of a Certificate of OCCUnancv. Policy 210.1.5 Existing and new outdoor lighting shall be restricted or prohibited, as appropriate, so as to avoid adverse impacts on beach nesting areas (See Policies 207.-9-. 206.5.3 and 247-.9-7206.54). Policy 210.1.6 Seawalls shall be prohibited on any beach or open water shoreline. Conservation and Coastal Management 93 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy 210.1.7 Monroe County shall maintain a progra beach/berm resource areas on public lands. to restore and maintain disturbed Policy 210.1.8 Within one (1) year after the adoption of the 2030 Comprehensive Plan Update, Monroe County shall prepare beach management plans for all publicly -owned beaches See Recreation and Open Space Objective 1201.11 and related policies), They shall be maintained to be consistent with the current County Restoration Plan. <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 94 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 210.2 Monroe County shall maintain a program for acquiring undisturbed beach/berm resource areas (See Future Land Use Objective 102.4 and related policies). R163.3178(2(e), F.S.I Policy 210.2.1 The County, in cooperation with the Monroe County Land Authority shall continue to develop and administer a beach/berm acquisition program. f §§ 163.3178 Vie), F. S.l Policy 210.2.2 Monroe County shall support the acquisition of undisturbed beach/berm resource areas for conservation within areas designated Tier I, Tier II, Tier III -A, and the Florida Forever project boundaries. Priority beach/berm acquisition sites shall include those that: 1. are documented nesting sites for state- and federally- designated species 2. can accommodate public recreation uses without adverse impacts on sensitive natural resources (See Parks and Open Space Element Policy 1201.2.4): and/or 3. are located within Improved Subdivisions(IS) zoning districts. f §§ 163.3178 Vie), F. S.l <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 95 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update GOAL 211 Monroe County shall conserve and protect potable water resources and cooperate with regional efforts to ensure the continued availability of high quality potable water. [9i f§§163.3177(6)d.2 b., F.S.; §l63.3177(6)d.2)(a}}.c. F.S. Obi ective 211.1 Monroe County shall encourage the use of water conservation strategies, including, but not limited to cisterns, on -site stormwater collection systems used for irrigation and bio- swales, and work cooperatively with FKAA and Miami -Dade County to encourage water conservation efforts and assure that land use planning and development controls are maintained which si,.,'� rop tects the recharge area of the Florida City Wellfield from potential sources of groundwater contamination and saltwater intrusion. (See Potable Water Objective 701.4-3 and related policies). [9i 5.013(2)(b)2 f §§ 163.3177(6)d.2.b., F.S.; § 163.3177(6)d.2.c., F. S.l Ob*eeti-,e21> 2 Policy 211.1.1 Monroe County shall continue to assist the FKAA with water conservation efforts and to assist �a including implementing the FKAA's Water Conservation Plan, consistent with SFWMD's Water Shortage Plan and Water Consumption Guidelines, and shall implement measures to further conserve potable water. (See Potable Water Objective 701.-9-5 and related policies). [9i 5 )(b)2} f § 163.3177(6)d.2.b., F.S.; § 163.3177(6)d.2.c., F. S.l Ob*eetiue 211.3 Policy 211.1.2 Monroe County shall ideatifyhas identified the freshwater lens system and associated recharge areas of the Florida Keys and shall m p em eat programs -eg l ^+. .as noted within Water Resources of Big Pine Key, Florida, Hanson, 1980). Within one (1) year after the adoption of the 2030 Comprehensive Plan Update, the County shall adopt land development regulations that regulate the storage and use of hazardous materials in recharge areas, prohibiting new water withdrawals, and phasing out existing water withdrawals to protect .freshwater lenses. (See Natural Groundwater Aquifer Recharge Objectives 1101.2 and 1101.3 and related policies). {93 5." f § 163.3177(6)d.2)(_b)., F.S.; § 163.3177(6)d.2}.i. F.S. <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 96 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update GOAL 212 Monroe County shall prioritize shoreline land uses and establish criteria for shoreline development in order to preserve and enhance coastal resources and to ensure the continued economic viability of the County. f § 163.3178(2)(f)4F.S. Obiective 212.1 By Deeember31, 20 Within one (1) ,year after the adoption of the 2030 Comprehensive Plan, Monroe County shall develop and implement measures for regulating shoreline uses ,., nsiste t .,,:*''. Such measures shall reflect the following order of priorities: 1.f) water -dependent uses; 2.4) water -related uses; ftffd 3. water -enhanced uses, and 4. uses and activities that are not water -dependent, water -related, or water -enhanced, but for which there is no practicable upland alternative to meet the public need for the use or activity shall receive the lowest briority for a coastal location. f §§ 163.3178(2)(g), F. S.l Policy 212.1.1 By Deeember- 31, 2093,Within one (1) ,year after the adoption of the 2030 Comprehensive Plan, Monroe County shall develop a Shoreline Use Priorities Plan which shall provide for siting of water- dependent and water- relate' uses consistent with the following order of priority: 1) water -dependent uses, 2) water - related uses, 3) water -enhanced uses, and 34) uses that are not dependent upon or related to shoreline access. The plan shall accomplish the following: establish performance standards for shoreline development, consistent with criteria for marina siting (See Objective 212.4 and related policies); 2. identify environmentally suitable waterfront areas and recommend strategies for reserving such areas for water -dependent, water -related, and water-r-elatedenhanced development sites consistent with estimated need; analyze conflicts among existing shoreline uses and recommend strategies for reducing or eliminating such conflicts; and 4. identify strategies for encouraging appropriate mixed use development that includes water -dependent, water -related, and water-r-elatedenhanced uses and is compatible with existing land uses. f § 163.3178(2)( ) F. S.l Conservation and Coastal Management 97 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy 212.1.2 ,Within one (1) year after the preparation of the Shoreline Use Priorities Plan, Monroe County shall: adopt an amendment to the Comprehensive Plan w44ehthat incorporates recommendations of the Shoreline Use Priorities Plan; and 2. adopt land development regulations that regulate existing and new shoreline development consistent with the recommendations of the Shoreline Use Priorities Plan, within one year of the adoption of the amendment proscribed above. [9j 5.12(3)(e)4] f §§ 163.3178(2)(g), F. S.l Policy 212.1.3 Monroe County shall maintain existing (on the effective date of the Monroe County Year 2010 Comprehensive Plan) commercial fishing operations as conforming uses. r 3`(e)-9 f § 163.3178(2)( )� F. S.l <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 98 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 212.2 Monroe County shall adopt minimum performance standards designed to reduce the stormwater runoff impacts, aesthetic impacts, and hydrologic impacts of shoreline development. [§ 163.3178(2)(g), F. S.l Policy 212.2.1 MinimumWithin one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall evaluate the minimum coastal construction setbacks currently in use in Monroe County ;mall be r-eviewed in coordination with DNRDEO, FDEP and F'���FWC. Setbacks shall be identified which will accomplish the following: protect natural shoreline vegetation; 2. protect marine turtle nesting beaches; protect water quality(thr-atigh assimilative tr-afive uptake of 4. protect structures from the effects of long-term sea level rise; 5. protect beaches and shorelines from erosion; and 6. allow redevelopment of existing waterfront commercial structures consistent withpretec4 the existing community character and preserve overwater views Policy 212.2.2 Within one (1) year after �Eistixgcompletion of the evaluation in Policy 212.2.1, the existing setbacks in the Land Development Rr:Code tAl—ecetffit-y Rnrr ' 9�n� �''^" may be revised as deemed appropriate based upon findings of this review. The setbacks currently in use shall be the be relaxed- onlv through the variance or Sbecial Abbroval brocess in Policv 212.2.4. Existing setbacks _are as follows: twenty (20) feet from the mean high +water (MHWLline of manmade water bodies and/or lawfully altered shorelines of natural water bodies; 2. fifty (50) feet from natural water bodies with unaltered shorelines or unlawfully altered shorelines, measured from the landward limit of mangroves, if any, and where mangroves do not exist, from the mean high tkle-water (MFlWjline; and fifty (50) feet from any shoreline area which is known to serve as an active nesting or resting area for marine turtles, crocodiles, terns, gulls and other Conservation and Coastal Management 99 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update birds. n-T- -( zz( ( and 9; 9i and 6 f §§ 163.3178(2)(g), F. S.l Policy 212.2.3-2 The Ddefinitions for the terms "altered shoreline" and "unaltered shoreline" shall be adepted eenetir-r-ent with this eempr-ehensi�ve plan and shall be wr-44en the following general feattir-es of e are as follows: 1. altered shorelines are generally located directly along dredged canals, basins and channels and/or have been filled or vertically bulkheaded to such a degree that the original natural slope landward of the water is no longer present. 2. unaltered shorelines are generally located along natural non -dredged waterways and open water and have a sloping profile typical of the original natural conditions of the shoreline even though fill or riprap may be present. Policy 212.2.4-3 Permitted uses and performance standards within the shoreline setback shall be as follows: Except as provided herein, gprincipal structures shall be set back as follows: 1. Along lawfully altered shorelines including manmade canals, channels, and basins, principal structures shall be set back at least twenty (20) feet as measured from the mean high water (MHW) line; 2. Along lawfully altered shorelines including manmade canals, channels, and basins, for parcels less than 4,000square feet, that are developed with a lawfully established principal use, the required setback may be reduced to a minimum of ten (10) feet provided that the structure is sited so as to protect community character and minimize environmental impacts by maintaining open space and protecting shoreline vegetation. 3. Along open water shorelines not adjacent to manmade canals, channels, or basins, and which have been altered by the legal placement of fill: a. Where a mangrove fringe of at least ten (10) feet in width occurs across the entire shoreline of the property, principal structures shall be set back at least thirty (30) feet as measured from the mean high water (MHW) line or the landward extent of the mangroves, whichever is further inland. b. Where no mangrove fringe exists, principal structures shall be set back at least thirty (30) feet from the mean high water (MHW) line, Conservation and Coastal Management 100 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update provided that native vegetation exists or is planted and maintained in a ten (10) foot width across the entire shoreline as approved by the County Biologist, and is placed under conservation easement; otherwise the setback shall be fifty (50) feet as measured from the mean high water (MHW) line. c. On infill lots surrounded by significant development where principal structures are set back less than fifty (50) feet from mean high water (MHW) or the landward extent of mangroves, the Director of Planning and Environmental Resources may evaluate the community character, the presence or absence of environmental features, and the setbacks on adjacent developed properties within two parcels on either side of proposed development, and may allow principal structures to be set back as far as practicable or in line with adjacent principal structures. In no event shall the setback be less than twenty (20) feet. On shorelines where the existing pattern of setback is greater than thirty (30) feet, the greater setback shall apply. 4. Along unaltered and unlawfully altered shorelines, principal structures shall be set back fifty (50) feet as measured from the mean high water (MHW) line or the landward extent of the mangroves, whichever is further landward; Accessory structures within the shoreline setback shall be designed to meet the following criteria: 1. Along altered shorelines, including manmade canals, channels, and basins: a. In no event shall the total, combined area of all structures occupy more than sixty (60) percent of the upland area of the shoreline setback ; b. Pools and spas shall be set back a minimum of ten (10) feet, as measured from the mean high water (MHW) line; 2. Along open water shorelines which have been altered by the legal placement of fill, and where a mangrove fringe of at least ten (10) feet in width occurs across the entire shoreline of the property: a. In no event shall the total, combined area of all structures occupy more than thirty (30) percent of the upland area of the shoreline setback; b. Accessory structures other than docks and erosion control structures shall be set back a minimum of fifteen (15) feet, as Conservation and Coastal Management 101 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update measured from the mean high water (MHW) line or the landward extent of the mangroves, whichever is further landward; 3. Along unaltered shorelines: a. In no event shall the total, combined area of all structures occupy more than thirty (30) percent of the upland area of the shoreline setback; b. Accessory structures other than docks and erosion control structures shall be set back a minimum of twenty-five (25) feet, as measured from the mean high water (MHW) line or the landward extent of the mangroves, whichever is further landward; 4. Any proposed development within the shoreline setback shall include a site -suitable stormwater management plan for the entire developed parcel which meets the requirements of the Land Development Rog lat land development regulations; 5. All structures within the shoreline setback shall be located such that the open space ratios for the entire parcel and all scenic corridors and bufferyards are maintained; 6. Structures shall be located in existing cleared areas before encroaching into native vegetation. The remaining upland area of the shoreline setback shall be maintained as native vegetation or landscaped areas that allow infiltration of stormwater runoff, 7. Side yard setbacks must be maintained for all structures in the shoreline setback except for docks, sea walls, fences, retaining walls, and boat shelters over existing boat ramps; 8. No enclosed structures, other than a dock box of five (5) feet in height or less, shall be allowed within the shoreline setback. Non -enclosed gazebos must be detached from any principal structure on the parcel. No decks or habitable spaces may be constructed on the roof of any non -enclosed gazebo in the shoreline setback; 9. Pools, spas, fish cleaning tables, and similar pollutant sources may not discharge directly into surface waters. Where no runoff control structures are present, berms and vegetation shall be used to control runoff. Native vegetation shall not be removed to install berms or runoff control structures; 10. All boat ramps shall be confined to existing scarified shoreline areas of manmade canals, channels, and basins with little or no native vegetation, Conservation and Coastal Management 102 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update and shall be located and designed so as not to create a nonconformity for other structures set back from the new mean high water (MHW) line created by the boat ramp; and 11. The roof and supporting members of a boat shelter constructed in compliance with Section 9-5- 45118-10 of the Land Development Reg��Code, as amended (hereby incorporated by reference), may extend two (2) feet into the shoreline setback around the perimeter of a boat basin or ramp. This area shall be subtracted from the total area allowed for all structures within the shoreline setback. 12. Shoreline structures shall be designed to protect tidal flushing and circulation patterns. Any project that may produce changes in circulation patterns shall be approved only after sufficient hydrographic information is available to allow an accurate evaluation of the possible impacts of the project. Previously existing manmade alterations shall be evaluated so as to determine whether more hydrological benefits will accrue through their removal as part of the project. 13. No development other than pile supported docks and walkways designed to minimize adverse impacts on marine turtles shall be allowed within fifty (50) feet of any portion of any beach berm complex which is known to serve as a nesting area for marine turtles: a. The fifty (50) foot setback shall be measured from either the landward toe of the most landward beach berm or from fifty (50) feet landward of MHW, whichever is less. The maximum total setback will be one hundred (100) feet from MHW. b. Structures designed to minimize adverse impacts on marine turtles shall have a minimum horizontal distance of four (4) feet between pilings or other upright members and a minimum clearance of two (2) feet above grade. The entire structure must be designed to allow crawling turtles to pass underneath it moving only in a forward direction. Stairs or ramps with less than the minimum two (2) feet clearance above grade are discouraged. If built, these portions of the structure shall be enclosed with vertical or horizontal barriers no more than two (2) inches apart, to prevent the entrapment of crawling turtles. C. Beaches known to serve as nesting areas for marine turtles are those areas documented as such on the County's threatened and endangered species maps and any areas for which nesting or nesting attempts ("crawls") have been otherwise documented. Within mapped nesting areas, the Director of Planning and Environmental Resources may, in cooperation with the Fler-ida Depai4ment --of Conservation and Coastal Management 103 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Eav -,,ame to Prateet at+FDEP, determine that specific segments of shoreline have been previously, lawfully altered to such a degree that suitable nesting habitat for marine turtles is no longer present. In such cases, the Director may recommend reasonable measures to restore the nesting habitat. If such measures are not feasible, the Director will waive the setback requirements of this paragraph. Restoration of suitable nesting habitat may be required for unlawfully altered beaches. 14. Special Approvals: a. For structures serving commercial uses, public uses, or more than three dwelling units, the Planning Commission may approve deviations from the above standards as a major or minor conditional use. Such approval may include additional structures or uses provided that such approval is consistent with any permitted uses, densities, and intensities of the land use district, furthers the purposes of this section, is consistent with the general standards applicable to all uses, and the proposed structures are located in a disturbed area of an altered shoreline. Such additional uses are limited to waterfront dining areas, pedestrian walkways, public monuments or statues, informational kiosks, fuel or septic facilities, and water -dependent marina uses. Any such development shall make adequate provision for a water quality monitoring program for a period of five (5) years after the completion of the development. b. For structures serving three or fewer dwelling units, the Director of Planning and Environmental Resources may approve designs that address unique circumstances such as odd shaped lots, even if such designs are inconsistent with the above standards. Such approval may be granted only upon the Director's written concurrence with the applicant's written finding that the proposed design furthers the purpose of this section and the goals of the Monroe County Comprehensive Plan. Only the minimum possible deviation from the above standards will be allowed in order to address the unique circumstances. No such special approval will be available for after - the -fact permits submitted to remedy a Code Enforcement violation. C. All structures lawfully existing within the shoreline setback along manmade canals, channels, or basins, or serving three or fewer dwelling units on any shoreline, may be rebuilt in the same footprint provided that there will be no adverse impacts on stormwater runoff or navigation. d. Docks or docking facilities lawfully existing along the shoreline of manmade canals, channels, or basins, or serving three or fewer Conservation and Coastal Management 104 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update dwelling units on any shoreline, may be expanded or extended beyond the size limitations contained in this section in order to reach the water depths specified for docking facilities in Policy 212.5.2. Any dock or docking facility so enlarged must comply with each and every other requirement of this Policy and Section 9.5-3 45118-12 of the Land Development Reotr:Code, as amended (hereby incorporated by reference). f § 163.3178(2)( ) F. S.l Policy 212.2.54 Stormwater management criteria applicable to the shoreline setbacks shall encourage Best Management Practices (BMPs) which utilize natural berms and vegetation to control runoff from waterfront property. Berms shall not be installed where shoreline vegetation is present. Where berms are used along artificial waterways, they shall be raised so that there is a gradual slope away from the canal edge. In any case, all stormwater management criteria shall conform to adopted level of service standards for water quality and quantity (See Drainage Element Objective 100 1. 1 and related policies). <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 105 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Wl IN • . IWN Obiective 212.34 Marina facilitv develobment shall be consistent with the broiected bublic need and marine resource constraints, as indicated by the data and analysis (including the August 2013 Needs Analysis and Marina Siting Plan). Ise plete an analysis of the need for- additi-Ainal mar-ifia f4eilitlies- afid shall develop er-iter- 1,2 and 3; 9j c ni3(wb»i L� .3178(2)( )� F.S.I Policy 212.3.1212.4.2 Monroe County shall samplete a s„f-vey of a4 maintain data on marine facilities (as available), including existing recreational and commercial marinas, such as: Stiehstwvey shall .'fit ., number of wet and dry slips; 2. usage rates of wet and dry slips; breakout of slips by boat size; 4. on -site amenities including the number of parking spaces; 5. surrounding uses and any known or potential compatibility problems; 6. availability for public use (recreational marinas only); 7. number of boat ramps provided and the boat lanes for each ramp; 8. condition of facilities; 9. stia . DER aIseepted ,a,,,.time tali ,,, fwater- ,. .,4y trends; location and condition of adjacent navigational aides, 10. availability of pump -out facilities; and Conservation and Coastal Management 106 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update 11. controlling depth. e e ee ems. L" ---4rz �(— T- -O z�(� and } f § 163.3178(2)(g), F. S.l The development of new marina facilities shall be located in areas where maximum physical advantages exist and where no unreasonable or excessive impacts are foreseen on marine resources. Proposed new marina facilities shall meet the following requirements. a. Benthic Vegetation and Hardbottom Communities. Siting of marinas in areas of seagrass or hardbottom (including hard and soft corals) should be avoided. Boat mooring sites (slips or docks) shall not be located over a seagrass bed community or hardbottom community regardless of water depth. No impacts to seagrass beds or hardbottom communities should result from the construction or use of new marina development. b. Adequacy of Circulation and Tidal Flushing. The proposed marina site shall exhibit adequate circulation and tidal flushing. The waterway upon which the marina is proposed to be sited shall meet or exceed State water quality standards, and must currently have "Good" water quality as indicated in the County's most current canal inventory and assessment data. New marina development shall not adversely impact the quality of water during construction or use. c. Adequate Water Depth and Access. There shall be a minimum of four (4) foot of water depth at mean low water at the marina site (including the mooring slips, turning basin, and access channels), and the water depth shall be continuous to open water over a channel width of twenty (20) feet. Water depth shall be adequate for the proposed vessel use such that there be a minimum of one (1) foot clearance between the deepest draft of the Conservation and Coastal Management 107 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update vessel and the bottom at mean low water. Greater water depths shall be required for those facilities proposed for accommodating vessels having greater than a three (3) foot draft. Sites shall not require dredging or filling to provide access. d. Minimal Shoreline Modification. Marinas shall not be sited adjacent to unaltered shorelines as defined in Sec. 101-1 of the Land Development Code. Minimal modification to the shoreline shall be permitted per County Land Development Code Section 118-1, 118-12(m), and (o). e. Quality of Upland Areas and Degree of Alteration Necessary. Marinas shall not be sited on lands designated as Tier I or Tier III -A, if clearing is proposed. Marina development shall not adversely impact the upland area of, or adjacent to, a proposed marina site. Additionally, marinas shall not be permitted on offshore islands or on units of the Coastal Barrier Resources System CBRS). f Propeller Dredging Problem Areas. Siting of marinas in areas of seagrass propeller scarring should be avoided. Marinas shall not be located adjacent to areas of severe seagrass scarring, based on the most current data available from the Florida Fish and Wildlife Research Institute. g. Impact of Boats on Florida Manatee, American Crocodile, and Sea Turtles. Marinas shall be sited so as to prevent impacts to the Florida Manatee, American Crocodile, and marine turtles and protect their habitat by avoiding areas of known American Crocodile range, areas with high watercraft Florida Manatee mortality, or areas that include a beach known to be used for marine turtle nesting. Site characteristics can be assessed using current data from the Florida Fish and Wildlife Conservation Commission. h. Other Significant Resources. No adverse impact shall be permitted on archaeological or historic resources/sites. Applicants for new marina development shall be responsible for providing existing physical and environmental site data specific to the proposed site to demonstrate the marina siting criteria described above is met. , wetlands er- seagr-ass beds. 1 12 F n r w�AFDEP v„lo i Q,zi nnnnnn i F n r and r-egHlati&IS Of Conservation and Coastal Management 108 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update i!ee!es. .Ezll�Ef�T�:l��f!fE�P1*'.q ..........��R'.�... qua4y and 0 of upland areas and degree of alteration 0 0 ,-.,; Cfli .!lf. F!!R!!E7S�3_ . .Fi . .l�IRS . • • • • ril Policy 212.3.3 212.4.4 Applicants for development approval of marinas with three (3) or more slips shall meet the following: 1. Monroe County's marina siting criteria (See Policy 212.4-3_2); 2. Monroe County's dock siting criteria (See Objective 212.5 and related policies); and criteria of Rules r 342 Pai4 Al and RH 62-312 and 18-21.4040041, F.A.C. [-T- -4rzz( ( and 8; 9i 5.01(z i , a 6] 163.3178(2)(g), F.S. Policy 212.3.4 212.4.5 Applicants for development approval of docking facilities for fewer than three (3) slips shall meet the following criteria: Monroe County's dock siting criteria (See Objective 212.45-4 and related policies); and 2. criteria of Rules 17 312 n.,,4 Al and R„l0 62-312 and 18-21.0-040041, F.A.C. ; Conservation and Coastal Management 109 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy 212.3.5 212.4.7 Applicants proposing a new marina facility shall obtain necessary permits from all applicable state and federal regulatory agencies pier ; 6} <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 110 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 212.4-5 By janttar-y 4, 1 A)-7-,-Monroe County shall Ragemaintain land development regulations pertaining to mooring fields and structures built over water (including, but not limited to, boat docks, fishing piers, swimming piers and observation decks). [9j and 3; 9j 5-013(2)(' f §§ 163.3178(2)(g), F. S.l Policy 212.4-5.1 Monroe County shall support state policies and regulations concerning the permitting of marinas, docks and piers, except in those instances where more stringent regulations adopted by Monroe County shall be maintained. f93- f § 163.3178(2)(g), F. S.l Policy 212.4-5.2 Except as provided herein, siting of single family docks, boat ramps, and boat slips on manmade water bodies shall require minus four (4) feet mean low water (MLW) depths at the terminal end. These structures must have continuous access to open water at depths of minus four (4) fee (MLW) or greater over a channel width of twenty (20) feet, or access to open water via a marked, federally and state approved navigation channel. 1. Docking facilities may be developed on any shoreline if there is a mean low water (MLW) depth of a least minus four (4) feet at the terminal end of the docking facility, and continuous access to open water, or 2. Docking facilities may be developed on the shoreline of lots in a subdivision if the docking facility is located in a channel or canal or basin that connects five or more contiguous lots which was dredged before 1986, and if there is a mean low water (MLW) depth of at least minus four (4) feet at the terminal end of the docking facility. For purposes of this policy "open water" means the portion of the straits of Florida, Florida Bay, the Gulf of Mexico, or the Atlantic Ocean which consists of an uninterrupted expanse of water deeper than four (4) feet at mean low water (MLW) and "continuous access" means a natural passage or an existing manmade channel no shallower that four (4) feet at mean low water (MLW) and no narrower than twenty (20) feet. Policy 212.4-5.3 The minimum water depth requirement at the mooring site shall be minus four {- feet fnea low ter [9j 5.012e) 1,2,3 .,n Q. 9j e (4) feet mean low water. Conservation and Coastal Management ill Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy 212.4-.4 The following restrictions shall apply to all structures built over or adjacent to water (including but not limited to boat docks, fishing piers, swimming piers and observation decks): 1. the maximum permitted length of docks shall be commensurate with the shoreline width of the land parcel at which the dock is located, subject to a maximum length of 100 feet from the mean low water line; 2. the length of docks shall not exceed ten (10) percent of the width of the waterbody as measured laterally across the waterbody from the proposed location of placement and from the point of mean low water to the opposing point of mean low water (exception to this shall be made in cases where adequate depth at the terminal end of the dock pursuant to Policies 212.-54.2 and 212.-54.3 is not available; in such cases the dock may be shortened only enough to allow the centerline of an average width vessel to lie in four feet of water at mean low water); 3. no dock together with a moored boat shall preempt more than twenty-five (25) percent of the navigable portion of a man-made waterbody. This should allow for a structure built over water on either side of the waterbody to have a moored boat and room for free passage of two boats down the center of the waterbody; 4. all fishing, swimming, and other piers and observation decks shall conform to design criteria to be adopted in the Land Development R egter:. land development regulations which prohibit their use as a ---°----------- dock. 11 ME Policy 212.4-.5 UPOR adeption of the Gampr-eheasive Pla onroe County shall continue to prohibit the location of mooring sites over submerged land which is vegetated with seagrasses or characterized by a hard -bottom community, regardless of water depth, except as may be permitted by the Pr-ateeti DER This prohibition shall not apply to public mooring fields. [9i f § 163.3178(2 F.S. Conservation and Coastal Management 112 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy 212.4-.6 Docking facilities and piers shall not terminate on submerged land which is vegetated with seagrasses or characterized by a hard -bottom community, regardless of water depth, except as may be permitted by the Fla -id DepaFtment of Ewv -,.nm ent ' Pret-_— .FDEP. Design criteria to permit sunlight to reach the bottom shall be adopted. No boat shelters or gazebos shall extend over submerged lands vegetated with seagrasses or over hard -bottom communities. Policy 212.4-.7 Monroe County shall establish, evaluate and identify sites for the installation of mooring fields and maintain policies and regulations pertaining to mooring fields, which specifically address the following (some sections may not apply to short- term recreational mooringfields): ields): sSiting criteria; 2. Mooring design criteria based on sea rg ass protection; 3. Recommendations or standards for management from shore -side facilities; and 4. Provision of vessel pump -out services. f § 163.3178(2)O F. S.l for- stipeFvisiaa f ri, an shore 9aEilities (in,.l,,, ing among W-0.01 WE <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 113 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 212.56 Regulations peFtaiaiag to shoreline st bilizatiOn. [9i 5.012(3)(b) 2 and 29J- 53(b)24 Monroe County shall maintain land development regulations pertaining to shoreline stabilization. [§163.3178(2)(e), F.S.l Policy 212.56.1 No new bulkheads, seawalls or other hardened vertical shoreline structures shall be permitted on open water (unaltered shorelines). ; .,n 6] [§163.3178(2)(e), F.S.I Policy 212.56.2 In lieu of bulkheads, seawalls or other hardened vertical shoreline structures, residential canals and altered shorelines shall be stabilized by maintaining native vegetation. When it can be demonstrated that native vegetation will not prevent erosion, then riprap or sloping rock revetments shall be permitted. {93- f § 163.3178(2)(e), F. S.l Policy 212.56.3 Bulkheads, seawalls or other hardened vertical shoreline structures shall be permitted on residential canals and altered shorelines only in the following situations: to replace an existing deteriorated bulkhead or seawall; or 2. to stabilize a severely eroding shoreline area. and 9; 9i aff tii L§163.3178(2)(e), F.S.I Policy 212.56.4 Shoreline structures shall be designed to protect tidal flushing and circulation patterns. Any project which may produce changes in circulation patterns shall be approved only after sufficient hydrographic information is available to allow an accurate evaluation of the possible impacts of the project. Previously existing manmade alterations shall be evaluated so as to determine whether more hydrological benefits will accrue through their removal as part of the project. {93- f § 163.3178(2)(e), F. S.l Maar-ae County shall assist the DGA in developing a eaer-dinated ag-111Y Ptir-Stiafit 4) ..r-ffiy Gar-ps f Engineers to identify the eavir-eamental issues and Fler-ida Keys. Within ene year- ef the eff-eetive date ef this eempr-ehensive plan, after- issti Conservation and Coastal Management 114 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update ._ . . . • . • <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 115 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update GOAL 213 Monroe County shall ensure adequate public access to the beach or shoreline. [9j 5 3(a)-, 9j 5.G4-3_LL63.3l78(2)(a)4gLLS.j Obiective 213.1 Monroe County shall maintain and increase the amount of public access to the beach or shoreline consistent with the estimated public need and environmental constraints. {93- 5)(b)94 f § 163.3178(2)(g), F. S.l Policy 213.1.1 By Deeember- 31, Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall complete a Public Access Plan for unincorporated Monroe County. The Public Access Plan shall estimate the existing capacity of and need for the following types of public access facilities which are available to the general public: public access points to the beach or shoreline through public lands; 2. public access points to the beach or shoreline through private lands; parking facilities for beach or shoreline access; 4. coastal roads and facilities providing scenic overlooks; 5. marinas; 6. boat ramps; 7. public docks; 8. fishing piers; and 9. traditional shoreline fishing areas. [ r 5.012(3 f § 163.3178(2)(g), 2. By Deeember- 31, 2006, War-ae r a ,,,� , shall adopt Land Development 3— esN�•.ee�!�Er�:�as�!seee��spwre �s!� Conservation and Coastal Management 116 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy 213.1.32 <PC recommended adding> Beginning in 1999, Monroe County shall maintain or replace physical access to beaches and shorelines_ includingreclaiming public' access 1 owners,'n accordance with provisions of the appropriate park master plans and current in plans for County -owned beaches. (See Recreation and Open Space Objectives 1201.3-7 and 1201.44-7 and related policies.) {93-5)(em N163.3178(2)O F.S.I Conservation and Coastal Management 117 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update rra,vl Conservation and Coastal Management 118 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Conservation and Coastal Management 118 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Conservation and Coastal Management 119 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Conservation and Coastal Management 120 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Conservation and Coastal Management 121 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Conservation and Coastal Management 122 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update r� Conservation and Coastal Management 123 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Conservation and Coastal Management 123 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update GOAD 214 Monroe County shall provide the necessary services and infrastructure to support existing and new development proposed by the Future Land Use Element while limiting public expenditures which result in the loss of or adverse impacts to environmental resources in the Coastal Zone. [9j r 5.013(2)( N 163.3178(2)(f), F.S.; § 163.3178(2)(i), Obiective 214-5.1 Public expenditures for infrastructure in the Coastal Zone shall be phased in accordance with a capital improvements schedule to maintain the adopted level of service (LOS) standards established in the Comprehensive Plan. [93 5-04-2 §163.3178(2)(b" F.S. § 163.3178(2)(i)1 Policy 214-5.1.1 Monroe County shall adopt level of service standards (LOS) for the following public facility types r-equir-e d by Chapter- °T 5, F.".r: roads, sanitary sewer, solid waste, drainage, potable water, parks and recreation, and mass transit. The LOS standards are established in the following sections of the Comprehensive Plan: The LOS for roads is established in Traffic Circulation Policy 301.1.1 and 301.1.2; 2. The LOS for potable water is established in Potable Water Policy 701.1.1; The LOS for solid waste is established in Solid Waste Policy 801.1.1; 4. The LOS for sanitary sewer is established in Sanitary Sewer Policy 901.1.1; 5. The LOS for drainage is established in Drainage Policy 1001.1.1; and 6. The LOS for parks and recreation is established in Recreation and Open Space Policy 1201.1.1. Policy 214-5.1.2 Monroe County shall adept -maintain bland Odevelopment Rregulations which provide a Concurrency Management System (See Capital Improvements Policy 1401.4.5). The Concurrency Management System shall ensure that no permits will be issued for new development unless adequate public facilities needed to support the development at the adopted LOS standards are available concurrent with the impacts of development. f §§ 163.3178(2)(f), F.S.; § 163.3178(2)(i)1 ror c n 2+3)( 42 Conservation and Coastal Management 124 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update I oil •WINNOW '- Conservation and Coastal Management 125 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update �. • • , , �r ors. • Policy 214-5.1_3-2-.2 Monroe County shall limit public expenditure on the mainland to the repair and maintenance of existing public facilities and infrastructure. [9j 5 3(em f § 163.3178(2)(fl, F.S.; § 163.3178(2)(i)1 MA Conservation and Coastal Management 126 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Conservation and Coastal Management 126 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update GOAL 246215 Monroe County shall provide for hurricane evacuation, shelters and refuges, and communication capabilities to promote safeguarding of the public against the effects of hurricanes and tropical storms. [§l63.3178(2)(f)4d F.S. Obiective 2156.1 Monroe County shall iemaintain, a maximum hurricane evacuation clearance time teof 24 hours . [§163.3178(2)(d), F.S.l Policy 2156.1.1 Monroe Countv shall continue to work cooberatively with the municibalities and DEO to complete the tasks within Rule 28-20.140 F.A.C, related to hurricane evacuation modeling. f § 163.3178(2)(d), F. S.l Within ene year- ef t4e effeeti�ve da+e ef this plan, Menr-ee Getint-Y shall adept Land Development Regulations whieh establish a Per-mit Alleeation System for- atimber- of per-mits issued for- new residential developmeat to be eansisteat with. - the F-titar-e band Use Element in er-der- te maintain htir-r4ea-fie evaettafien elear-RH ILVA M III ft Wq W.\. Policy 2156.1.32 During a hurricane evacuation, Monroe County shall designate US 1 and Card Sound Road after- Card Sound Read impr-evements are r'�*�' as evacuation routes as directed by the Department of Emergency Management.[9; c n12(3)(e)ni §163.3178(2)(d), F. Conservation and Coastal Management 127 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy 2156.1.43 Monroe County shall annually identify and establish staffing and equipment need priorities which are directly related to increasing efficiency during hurricane evacuation, including, but not limited to, communication systems, emergency coordination personnel, public education personnel, and development review personnel. Opportunities for fulfilling the deficiencies with reliable interagency support shall be identified and interlocal agreements initiated. [ r 012(3)(O f §§ 163.3178(2)(d), F. S.l W, Milli 11 �- . JIM, - - -- - - - -- - - - -- - - - -- - - - --- - - 00-1 to dr-af Conservation and Coastal Management 128 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update • MIN Policy 2156.1.84 In the event of a pending major hurricane (category 3-5) Monroe County shall implement the following staged/phased evacuation procedures to achieve and maintain an overall 24-hour hurricane evacuation clearance time for the resident population. 1. Approximately 48 hours in advance of tropical storm winds, a mandatory evacuation of non-residents, visitors, recreational vehicles (RV's), travel trailers, live-aboards (transient and non -transient), and military personnel from the Keys shall be initiated. State parks and campgrounds should be closed at this time or sooner and entry into the Florida Keys by non-residents should be strictly limited. 2. Approximately 36 hours in advance of tropical storm winds, a mandatory evacuation of mobile home residents, special needs residents, and hospital and nursing home patients from the Keys shall be initiated. 3. Approximately 30 hours in advance of tropical storm winds, a mandatory phased evacuation of permanent residents by evacuation zone (described below) shall be initiated. Existing evacuation zones are as follows: a) Zone 1 — Key West, Stock Island and Key Haven to Boca Chica Bridge (MM 1-6) b) Zone 2 — Boca Chica Bridge to West end of 7-mile Bridge (MM 6-40) c) Zone 3 — West end of 7-Mile Bridge to West end of Long Key Bridge (MM 40-63) d) Zone 4 — West end of Long Key Bridge to CR 905 and CR 905A intersection (MM 63-106.5 and MM 1-9.5 of CR 905) e) Zone 5 — 905A to, and including Ocean Reef (MM 106.5-126.5) The actual sequence of the evacuation by zones will vary depending on the individual storm. The concepts embodied in this staged evacuation procedures should be embodied in the appropriate County operational Emergency Management Plans. The evacuation plan shall be monitored and updated on an annual basis to reflect data from actual evacuation events and increases, decreases and or shifts in population; particularly the resident and non-resident populations. {91- 5012(3)(e)4 f � 163.3178(2)(d), F. S.I For the r e of ; rlemeatin . n liey 21644 Q *This Policy shall not increase the number of allocations to more than 197 residential units a year, except for affordable .,,,,,wee housing. Any increase in the number of allocations shall be for affordable .. ewee housing only. Conservation and Coastal Management 129 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy 2156.1.95 In accordance with the Monroe County Hurricane Preparedness Evacuation and Shelter Plan, special needs populations shall be identified by the Monroe County Department of Emergency Management. Monroe County shall implement the procedures contained in the Plan for the safe evacuation of these populations. f93- 5)(e)q f § 163.3178(2)(d), F. S.l IR Policy 2156.1.446 ,Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall adopt Land Development Regulations land development regulations which require that all new and redeveloped marinas provide a hurricane contingency plan for review and approval before permits can be issued. (e)44 [§ 163.3178(2)(d), F. S.l Policy 2156.1.4-27 Monroe County shall establish separate dedicated funds to accommodate future technological advances in hurricane analyses and communication systems for the Emergency Management and Emergency Communications Department. {9J- 5)(e)q f § 163.3178(2)(d), F. S.l Policy 2156.1.4-38 During a hurricane evacuation, Monroe County shall implement the procedures contained in the Monroe County Hurricane Preparedness Evacuation and Shelter Plan for modifying normal bridge openings including coordination with the U. S. Coast Guard and Florida Department of Transportation. {9-5 )(e)4} [§163.3178(2)(d), F.S.I Policy 2156.1.4-49 Monroe County shall eempletemaintain a Post -Disaster Recovery Plan which will include a structured procedure aimed at debris removal preparedness during hurricane evacuation and re-entry (See Objective 24-7216.2 and related policies). [9i c ni2(3 [�163.3178(2)(d), F.S.1 Policy 2156.1.4-510 Monroe County shall consider implementing impact fees to offset the public costs of hazard mitigation, evacuation, reconstruction of public facilities, emergency communications equipment and similar needs. [9i 5 3(e)4} [§163.3178(2)(d), F.S.I Conservation and Coastal Management 130 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Policy 2156.1.446 ,Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall adopt Land Development Regulations land development regulations which require that all new and redeveloped marinas provide a hurricane contingency plan for review and approval before permits can be issued. (e)44 [§ 163.3178(2)(d), F. S.l Policy 2156.1.4-27 Monroe County shall establish separate dedicated funds to accommodate future technological advances in hurricane analyses and communication systems for the Emergency Management and Emergency Communications Department. {9J- 5)(e)q f § 163.3178(2)(d), F. S.l Policy 2156.1.4-38 During a hurricane evacuation, Monroe County shall implement the procedures contained in the Monroe County Hurricane Preparedness Evacuation and Shelter Plan for modifying normal bridge openings including coordination with the U. S. Coast Guard and Florida Department of Transportation. {9-5 )(e)4} [§163.3178(2)(d), F.S.I Policy 2156.1.4-49 Monroe County shall eempletemaintain a Post -Disaster Recovery Plan which will include a structured procedure aimed at debris removal preparedness during hurricane evacuation and re-entry (See Objective 24-7216.2 and related policies). [9i c ni2(3 [�163.3178(2)(d), F.S.1 Policy 2156.1.4-510 Monroe County shall consider implementing impact fees to offset the public costs of hazard mitigation, evacuation, reconstruction of public facilities, emergency communications equipment and similar needs. [9i 5 3(e)4} [§163.3178(2)(d), F.S.I Conservation and Coastal Management 130 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy 2156.1.116 Monroe County shall coordinate with the Florida Department of Transportation (FDOT) to ensure that US 1 roadway capacity improvements necessary to maintain hurricane evacuation clearance time at 24 , fnt ients teUS 1 �be:�wmen N4N4 90 and N4A4 90, ours are completed. f § 163.3178(2)(d), F. S.l Policy 2156.1.12-7 Monroe County shall develepcontinue to evaluate programs to reduce the number of evacuating vehicles including, but not limited to programs to encourage ride -sharing and transit usage and, consistent with applicable law, evacuating vehicle registration requirements. r c n,2(3)(6)4] f §§ 163.3178(2)(d), F. S.l Policy 2156.1.135 Reduced evacuation clearance times which may result from adjustments to evacuation model variables, programs to reduce the number of evacuating vehicles or increased roadway facility capacity, shall not be used to increase development expectations beyond the growth allocations provided herein, except to the extent that a hurricane evacuation clearance time of 24 hours can be maintained. Any necessary reduction in hurricane clearance times shall be accomplished by a plan amendment within 180 days of the re -assessment. Policy 2156.1.144 For the purposes of hurricane evacuation clearance time modeling purposes, clearance time shall begin when the Monroe County Emergency Management Coordinator issues the evacuation order for permanent residents for a hurricane that is classified as a Category 3-5 wind event or Category C-E surge event. The termination point shall be U.S. Highway One and the Florida Turnpike in Homestead/Florida City. (Rule 28-20.140 5/l/2011) Conservation and Coastal Management 131 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 2156.2 By janttar-y Monroe County shall implement a plancontinue to eeffeetaddress existing and projected shelter deficiencies for Category 1 and 2 storms. 1 T 5 11' 702)(b)7' Pohey 216. f § 163.3178(2)(d), F. S.l Policy 2156.2.1 Monroe County shall monitor the need for in -county shelters on an annual basis. f §§ 163.3178(2)(d), F. S.l Policy 2156.2.2 Monroe County shall coordinate with State and Federal agencies to coordinate the potential establishment of a dedicated Category 5 Emergency Operations Center. <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 132 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 2156.3 , Monroe County shall d&velep and implement a plan suffieie t appr-e e continue to seek to provide additional shelter spaces outside Monroe County for all county residents who will require shelter from a Category 3 or greater hurricane. [ r c ni2(3)(b»i f 163.3178(2)(d), F.S.l Policy 2156.3.1_ <PC recommended adding> Monroe County shall continue to coordinate with the r epai4fne t f Community n fP.,�Florida Division of Emergency Management, the South Florida Regional Planning Council, Miami -Dade County, the Red Cross and other appropriate agencies to identify sufficient approved shelter spaces (including pet' -friendly shelter space) outside of Monroe County for all county residents who will require shelter from a Category 3 or greater hurricane. Priority consideration shall be given to expansion of the currently designated shelter at Florida International University in order to consolidate Monroe County shelter spaces in one location. {9-5 )(e)4} f §163.3178(2)(d), F.S.l Policy 2156.3.2 immediately following plan a rtio , Monroe County shall :,,maintain an intergovernmental agreement with Miami -Dade County and other appropriate agencies (e.g., Board of Regents, American Red Cross) in an attempt to provide sufficient approved spaces outside of Monroe County for all county residents who will seek shelter from a Category 3 or greater hurricane. hi rai4i til - Mear-ae based an professionally aeeepted standards, in the updated eamptis master- plan See Policy 1301."7.4) f § 163.3178(2)(d), F. S.l O. <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 133 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 133 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update GOALS 216 Monroe County shall d&velep and tfftpLeme4maintain a program of hazard mitigation and post - disaster redevelopment to increase public safety and reduce damages and public expenditures. [§ 163.3178(2)(d), F.S.; § 163.3178(2)(h), F. S.l Obiective 216-7.1 Monroe County shall develop an :.,,r1em *maintain a program of hazard mitigation in the Coastal High Hazard Area (CHHA) which reduces floodplain alteration and damage or loss due to natural disasters.[°T 5.012(3 [§163.3178(2)(h), F.S.I Policy 216-7.1.1 Monroe County shall define the CHHA as the area below the SLOS elevation of the category 1 storm surge line as established by a Sea, Lake,. and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. The CHHA shall be use. [9i c n,2(3)( »'shown on the Future Land Use Man. f6163.3178(2)(h)_ Policy 216-7.1.2 Monroe County shall require that all new or replacement sanitary sewage systems in the CHHA meet the following requirements: a) All new or replacement sanitary sewage systems shall be designed and constructed to minimize or eliminate infiltration of floodwaters into the system and discharge from the system into floodwaters. Joints between sewer drain components shall be sealed with caulking, plastic or rubber gaskets, and all manhole covers shall be sealed in a similar manner. b) All new or replacement sanitary sewage systems shall be located and constructed to minimize or eliminate damage to them and contamination from them during flooding. [ r c n, 2(3)(e)-3 f §§ 163.3178(2)(h), F. S.l Policy 216-7.1.3 Monroe County shall coordinate with the Fie -id Keys ",,,,o, uet "„Ah,,,-4y KAA (FKAA) in the continued development of an Aquifer Storage Recovery System to supply emergency potable water in the event that the transmission lines from the mainland are disrupted during a natural disaster (See Potable Water Objective 701.6 and related policies). The FKAACountV shall eantinueencourage FKAA to provide emergency service during electric power outages and hurricanes (See Potable Water Objective 701.7 and Policy 701.7.1). Monroe County endorses burying the potable water transmission lines to reduce their exposure to natural disasters where economically feasible. f°r 012(3)(e)-3 Conservation and Coastal Management 134 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy 216-7.1.4 Monroe County shall continue its policy of reviewing the current Building Code and, as appropriate, adopting structural standards and site alteration restrictions that meet or exceed the minimum FEMA requirements. The Building Code shall be reviewed and revised at least every five years. The recommendations of the applicable interagency hazard mitigation report shall be considered in revisions to the Code. [9j c 012(3)(e)-3 f�163.3178(2)(d), F.S.1 Policy 216-7.1.5 Monroe County shall continue to participate in the National Flood Insurance Program (NFIP) Community Rating System (CRS) to the maximum extent possible and shall seek to improve its current CRS Class 9—rating.[93- c 012(3)(e)3 f� .3178(2)(d), F.S.I Policy 216-7.1.6 Monroe County shall continue to enforce federal, state and local setback and elevation requirements to promote the protection and safety of life and property. Revisions to the existing setback requirements contained in the Development Regulations land development regulations shall be considered as a means of reducing property damage caused by storms. f § 163.3178(2)(d), F. S.l Policy 216-7.1.7 Monroe County shall consider floodplain management and CHHA issues in making public acquisition decisions. [ r 5.012(3)(e)34 f 163.3178(2)(h), F. S.l Policy 216.1.8 Monroe County shall require that, to the greatest extent practicable, development activity, such as land clearing, grading and filling will not disturb natural drainage patterns. <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 135 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 216-7.2 Monroe County shall develepmaintain a Post -Disaster Redevelopment Plan which addresses priorities for immediate recovery and long-term redevelopment including reducing the exposure of human life to natural hazards.--[91- 5n12(3)( )9 [�163.3178(2)(d), F.S.I Policy 216-7.2.1 As provided by its Hurricane Preparedness Evacuation and Shelter Plan, Monroe County shall annually coordinate post -disaster recovery operations to clarify the roles and responsibilities of county departments, state and federal agencies, private and public utilities, and other applicable entities. Deficiencies shall be identified and Monroe County shall immediately initiate interlocal agreements or interdepartmental directives as necessary to remedy the existing deficiencies. f93- c n»(3)(e)54 L�163.3178(2)(d), F.S.l Policy 216-7.2.2 Monroe County shall develepmaintain a Post -Disaster Redevelopment Plan which specifies procedures for implementing programs for immediate repair, replacement, and cleanup, and long-term rebuilding and redevelopment. The plan shall also include procedures for the identification of damaged infrastructure and consideration of alternatives to its repair or replacement in the CHHA. cai� �cc ir-�Dv"+�ter- Redevelopment Pl.,v,aiai.. I -We el Plan f Three c n12(3)(.)c .,,,,a 7 1 [�163.3178(2)(d), F.S.I Policy 216-7.2.3 The Post -Disaster Redevelopment Plan shall identify areas particularly susceptible to damage within the CHHA such as the FEMA designated V-zones and repetitive loss areas as defined by FEMA and shall specify procedures for relocating or replacing public infrastructure away from them, where feasible. {93- 5(e)-} f § 163.3178(2)(d), F. S.l Policy 216-7.2.4 Monroe County shall update the Post -Disaster Redevelopment Plan and coordinate with Emeruencv Manauement to include in the Local Mitivation Strategy considerations for repetitive loss and severe repetitive loss structures and limits to redevelopment in areas within the CHHA particularly susceptible to repeated damage —aaefin d by the Post Disaster- Redevelopment Plan. {93- c n»(3)(e)ci f�163.3178(2)(d), F.S.l was Conservation and Coastal Management 136 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Policy 216-7.2.5 In no event shall emergency declarations before, during or following hurricane disaster negate the requirements of these policies and goals, or any regulations derived from them except following a public health menace declaration. Policy 216-7.2.6 Following completion of the Post -Disaster Redevelopment Plan, guidelines contained therein for development after a natural disaster shall be incorporated within the Comprehensive Plan by plan amendment. Such amendment shall be processed at the next available plan amendment cycle following completion of the redevelopment plan. <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 137 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 216-7.3 Monroe County shall adept band D&velepment Ragemaintain land development regulations which shall direct future growth away from the Coastal High Hazard Area (CHHA). (}�} Policy 216-7.311 Monroe County shall prohibit the construction of mobile homes within the CHHA except on an approved lot within an existing mobile home park or subdivision zoned for such use as of the effective date of this plan. rc n, 2(3)(e)-3 <The Remainder of This Pa,-e Intentionally Left Blank> Conservation and Coastal Management 138 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update Obiective 216-7.4 With the fellewing & County expenditures within the CHHA shall be limited to the restoration or enhancement of natural resources and parklands, expenditures required to serve existing development such as the maintenance or repair of existing infrastructure, and expenditures necessary for public health and safety--.. The following exceptions may be considered: 1. County public expenditures within the CHHA may be permitted where required to meet adopted level of service standards or to maintain or reduce hurricane evacuation clearance times and where no feasible alternatives to siting the required facilities within the CHHA exist. 2. County public expenditures within the CHHA may be permitted for improvements and expansions to existing public facilities, ..cif improvements or expansions are designed to minimize risk of damage from flooding.--f93- 5 )(b5} f § 163.3178(2)(h), F. S.l Policy 216-7.4.1 Monroe County shall adopt Land Development Regulations whk-lrlimit County public expenditures in the CHHA by requiring consideration of feasible siting and design alternatives for public facilities and infrastructure. {9-5 )(e)3} f § 163.3178(2)(h), F. S.l Policy 216-7.4.2 No County public expenditures shall be made for new or expanded facilities in areas designated as units of the Coastal Barrier Resources System, undisturbed saltmarsh and buttonwood wetlands, or offshore islands not currently accessible by road, with the exception of expenditures for conservation and parklands consistent with natural resource protection, and expenditures necessary for public health and safety. [9j 5 )(e}H f §163.3178(2)(h), F.S.l <The Remainder of This Page Intentionally Left Blank> Conservation and Coastal Management 139 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update GOALS 217 ---- r-"r------ "---- -r------- --- -----------------'"_"-----'"J r-,-"-------------'" -----' ---'---'"I -----'---,--- ---- E`1ivir-aafn2i3t-6r-the s. C9:r'a); 9j 9j 5.013(2)a7 The coastal area of Monroe County shall be managed to promote public access to the marine and coastal waters, to balance the protection of recreational and commercial working waterfront and commercial fishing uses and the preservation and protection of coastal and natural resources and the community character. f § 163.3178(2)( ) F. S.l Obiective 2178.1 Regulations whieh shall r-equir-e an Efivir-efiffiental impaet Assessment (EIA) for- all ffiAj— Monroe County shall adopt and implement incentives and criteria to encourage the preservation of 1) public access to the navigable waters of the State, 2) commercial fishing uses and 3) recreational and commercial working waterfront uses, as defined by Section 342.07, F.S., excluding transient uses. f § 163.3178(2)O F. S.l Policy 2175.1.1 <PC recommended revisions> The strategy to preserve and protect commercial fishing and recreational and commercial working waterfront uses shall include the following: 1. Exemptions from the requirements of the Permit Allocation System for new nonresidential development, pursuant to Policy 101.4.5, idina for the breservation of recreational and commercial worki and Policy 101.5.7, 3. Maintaining land development regulations to allow lawfullv established water -dependent and water -related commercial uses which are identified as a source of economic sustainability within a Livable CommuniKeys Plan to be rebuilt, even if 100% destroyed, provided that they are rebuilt to the preexisting use and are registered and recognized by the Planning & Environmental Resources Debartment as lawful nonconforming uses and structures 4. Implementation of marina siting criteria for new marinas, and 5. Not vacating, diminishing, or otherwise impairing publicly -owned pathways, sidewalks, roads, ends of roads, parking areas, docks or boat launching Conservation and Coastal Management 140 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Monroe County Comprehensive Plan Update facilities, and other access points that are currently used by the public to access the shorelines. f § 163.3178(2)( ) F. S.l desert rtio f the pr-apased devei . 71 3.afialys f the r-apased development, the €i ets an sails; boo 0 e) rare � d d o�anger-e riant and a 0 0s; n� liviag 0 0 0s; i) drainage; a) histar-ie and ar-ehaealagieal 0 0s; 4y ,.h ete other- speei-al. reen-sider-ations as may be e identifieds) Depai4mef4 ef Planning; 4.fneasur-es and designed to identified elifninate-- --adverse ate b , the Ga ,,,� , .,s eanditions ��7C�7T7 . f �rthDevelopment Or-der,C' 1 level-.,-Xisting HET fnet ,,,a,,,ogy rc,-T Conservation and Coastal Management 141 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 Comment Response Form Coastal and Conservation Management Element Draft Comprehensive Plan Amendments —Comment Responses Commenter; Rich Jones Coastal It should say 'sewage' not 'sewer pumpout facilities. And Revised as suggested. Objective 202.4 delete 'with toilets' and 'to the extent allowed by law'. Put 'liveaboard' back in. Then delete sec.1 regarding federal regulations (we're not going to adopt or maintain MSD regulations). In sec.2 lets include floating structures, and maybe say no liveaboards except at marinas (instead of limiting the prohibition to residential districts?). In sec.3 maybe say `marinas with 10 slips or one liveaboard slip' Policy 202.4.1 provide a pumpout station. Sec 4. Is ok. Next sec. (old All suggested revisions completed. sec.7)- how is this different than a marina? Are we talking about docking facilities with fewer slips than a marina? The intent of this policy in general should be to require any marina or marina facility which might have a liveaboard vessel to have pumpouts, right? Maybe just consolidate and say any new or existing marina of 10 slips or 1 liveaboard slip must have a pumpout. If this pertains strictly to anchored -out or moored liveaboards I would suggest we indicate that. I'm not sure LDRs currently prohibit liveaboards in canals in residential areas (Sec 26- Policy 202.4.4 what the intent of this policy is. Not sure if this policy is 3), but not much else. Recommend this policy remain to address all dealing just with putting liveaboards in mooring fields or liveaboards. also criteria for anchor -outs? Since we have eliminated 202.5.4 and 202.5.3 we need to This objective and related policies were revised to include only those revise the objective. Maybe delete 'permitting, inspection, related to water quality; permitting, inspection, and enforcement was Objective 202.5 and enforcement', Maybe delete the Objective since the deleted. Policies relating to pump -out facilities and live-aboards were only thing left in the objective is pumpouts at marinas, moved to Objective 202.4. which is handled under Objective 202.4 We need to indicate that the policy should not apply to The sentence now reads: "This prohibition shall not apply to mooring Policy 203.2.1 mooring fields, and recognize that mooring fields are a fields," management tool that protects seagrass. Draft Comprehensive Plan Amendments Comment Response Form Date; 2.26.14 Under this objective are several policies. I don't knowthat we've ever (Policy 203.4.2) proposed actions to the Marine Fisheries Commission, and this is ok as long as we don't Policy 203.4.2 was revised to say "Monroe County may propose actions Objective 203.4 have to propose actions. More importantly I am for consideration by the Florida Marine Fisheries Commission.., concerned about Policy 203.4.8 where we are going to aid groups with aquaculture - this looks to me like we might Revised. give someone money and I don't want that inferred. Can't we just delete that policy? Lets decide what documents we actually want to include in The objective was revised to use the word, "review," as suggested by Objective 203.5 this objective (not all need to be implemented, maybe just Mayte. say `consider'). Commenter; Beth Bergh Coastal T�ls vveOs to be updatO—Looe Q. is wow M Exlstly� Bullet item #3 under this Policy was deleted and this item now reads; Policy 203.3.4 M�w�gevwewt Ares w�tkr� the FKC ms. Do you wMt tKs "Include the strategies identified in the Florida Keys National Marine pol�a to �lude ill of tke FK wS? Sanctuary Revised Management Plan." Tke Evw�rowvwev 01 Restorkt ow Euwd �s set up to the tKs &� of pew�lt�, but wot to try J to ewsure �t does spear f �a�ll� to WC�ewlr�waew�ewtpro�eats. I would Policy 204.2.10 suggest deletlwg tLe last sewtewce. ftwd add "Pew�lt� This policy was revised as suggested and now reads; revewues sWl be p��wto the Mowwoe Couwt� Evw�rOWWLev 01 Lewd wvw�gevwewt �wd Restorkt ow Euwd �wd utUl zed �w �ord�wae w�tk Poly ao.2.5 TKS poly aMfefts w�tk tke ob*t�ve above (dues). Objective 204.3 also, weeds ... �s tke obi eatLve Policy 204.3.1 re f ewwq to word, tke Lewd steward does restMr q Because this issue is covered in Objective 204.1, this objective and policy wetl�wds ow Couwt� owv e01 vw&waged hwds (owgo�q, were deleted. �s weeded)? or �s �t re f er6�q to � potewt��[ Couwt�-ruw wetl�wd vw�t�gkt ow progr�vw tkk vv� oaaur �w the f uturO suggest "Mowroe Gouwt�u sell aowtivuue—" Policy 204.3.2 s�vue gev&r [ covwewts �s above. Policies 204.3.2 and 204.3.3 were moved to Objective 204.1 Draft Comprehensive Plan Amendments Comment Response Form Date; 2.26.14 Tke Mowroe Couwt� EWv�rmvv&e 01 Lewd M2w2cgevwewt 2wd Restorkt ow Euwd &We eX�Sts (see Poly 2io.2.5) If t��s pol�a� �s aows�der�wc� � wet�2wd w��t�c�2t�ow f uwd, Policy 204.3.4 drew tkk f uwd would We to be set up Sep2rkel� f rows tke This Policy is outdated and was deleted. MCELMR fuwd 2wd be Rt�I�zed forwetl2wdprojeats owls ff �t 2 epts vw�t�gk2 ow f f rows tke stke or f ed pervw�tt q 2cgev a es). Policy 205.2.6 Revise to read 2vvouwt o f .2 Text revised as suggested. Policy 205.2.9 Various edits. All revised as suggested. Policy 2053.4 rke 2 epted Lkw2vwe for hey tree m tus �s wow The species name for the Garber's spurge was revised. According to Plosocereus roLL W c,2r Ws spurge is vtow Wunderlin and Hansen (2011) and the Atlas of Vascular Plants of Florida, cWvw es ae 2rber� the current scientific name of the tree -cactus is Pilosocereus polygonus. Policy 205.53 Delete "disrupted" Revised as suggested. add I2wc�u2cge 2boutproteat�m of tke reaewtl� 2ted Objective 207.10 (feder2��� ev dhgered) M�2vw� blue butted (c�clarr�us Added. thaws z betbuwebkh rz) Revise to, "... amt�wue to vv 2kwU�w 2wd restore, w#eee GOAL 210 „Fa as needed and 4@4 as funding is available, Revised as suggested. w2t�ve 42 tks Objective 210.1 Delete "disturbed" Revised as suggested. Policy 210.11 Delete "beach/berm" Revised as suggested. —severe of tkese poly es w�tk tKs wuvwber do wot beloq uwdertKs q, [ 2wd objeat�ve 2s tke� 2ddress 2110w2ble The policies under Objective 210.1 were separated into two objectives. uses ow be2ak bervu. Tire cW / objeat�ve 2ddresses I2wd One addresses the overall objective of restoring and maintaining marine, Policy 210.11 vw2w2cgevwewt of couwt� [2wds. mke 2wotker 9W to wetland, beach/berm and native upland systems. The second addresses 2ddress proteat�m of We k bervu 2re2s, w2� e put �t 211 the policies that apply to the beach/berm system, which are now included under q, [ 2c6 2s of bead berw " (aurrewtl� under its own goal. wotKq under cW zo). Draft Comprehensive Plan Amendments Comment Response Form Date; 2.26.14 should the scope of this objeat�ve be brWeme to ill The policies under Objective 210.1 were separated into two objectives. Objective 210.2 "vQtural areas" lwstead of "beach bervu"? the polla s One addresses the overall objective of restoring and maintaining marine, Ww rthls objeotive dow't all beloq Wer a "beach berg" wetland, beach/berm and native upland systems. The second addresses seat�m �lJd q Poi 2io.2.5 (below) the policies that apply to the beach/berm system, which are now included under its own goal. Various edits Too vv kak deOU related to the restorkt ow f mw for the aow�p phw, I would suc�c�2st � sw�plerst�t2w�2wt. M��be Policy 210.2.5 this level of deUU would be more �ppropr�ke for LDRs. This policy was revised as suggested and is now included under Objective The poly should be under � cgemr�l ob*t�ve related to 210.1 hwd mvw�gemewt / restorkt ow, wot under �w ob*t�ve speol f -o to "beach berms". Move to Db*tLve 210.1. The poly should be under � cgemr�l ob�2atw2 reht2d to Policy 210.2.E hwd v �w�c�2w 2wt / restorkt m, wot under �w ob�2atw2 This policy is now included under Objective 210.1 speo� f�c to "beach beKvv". Commenter; Mark'Rosch Coastal Policy 204.1.1 Typo: ... with the parcel -based.., — This policy has been deleted per MDR comments. This is overkill. Replace this policy with the following: Policy 205.5.2 "Monroe County supports the acquisition of native upland Revised as suggested habitat for conservation within areas designated Tier I, Tier 11, Tier III -A, and the Florida Forever project boundaries." Policy 207.9 Typo: ,,.implement measures intended... Text added as suggested. Policy 210.1.X Continue negative points for beach berm? This criterion This policy has been deleted. no longer exists in ROGO. Policy 210.1.X Are annual beach management plans necessary? The word "annual" was deleted This is overkill. Replace the first 2 sentences with the following: "Monroe County supports the acquisition of Policy 210.2.2 undisturbed beach/berm for conservation within areas Revised as suggested. designated Tier 1, Tier 11, Tier 111-A, and the Florida Forever project boundaries." Policy 210.2.5 Restoration fund — See Beth Bergh's comments on this Revised as suggested. policy. Check for consistency — 216.1.3 says no more than 197 Policy 216.1.3 and allocations except for workforce housing; 216.1.18 seems Clarification from Mayte indicated there is no inconsistency. 216.1.18 to say more than 197 is okay so long as 24 hours is maintained. Draft Comprehensive Plan Amendments Comment Response Form Date:2.26.14 Commenter; Michael Roberts Coastal Policy 201.1.2 Can't require State of Federal permits in advance. This policy has been deleted. Policy 202.4.1 How do we merely "maintain" regulations when the policy The Policy now reads: "Monroe County shall adopt and maintain includes adoption of new regulations? regulations pertaining to live -aboard vessels...' Can we include policies encouraging (requiring?)new A new policy was added under this objective and reads: "The County Objective 202.5 marinas to adopt BMP's as recommended by FDEP's Clean shall encourage new marinas to adopt Best Management Practices as Marina Program? recommended by Florida Department of Environmental Protection's Clean Marina Program.' Objective 202.14 1 think we can delete the Objective but keep the Policy This objective has been deleted and its one policy was moved to under Objective 202.1 Objective 202.1. Objective 202.14 This report does not include BMP's. The recommendations This objective has been deleted and its one policy was moved to in the report are outdated. Objective 202.1. Is there a forum for this? What do we hope to achieve? Policy revised to be less specific about which agencies to meet with Policy 202.16.1 What is the action item after the "discussion"? (agencies may include,,,), Recommend policy remain general —not specifying a particular forum or action item. Policies 203.2.5 This management plan is likely to be revised/updated, do The year "2007" was deleted. and 203.3.2 we want to specify 2007? See Florida Reef Resilience Program (FRRP) Climate Change This program and CAP is incorporated into a new Policy 203.3.5 and Policy 203.3.4 Action Plan for the Florida Reef — this CAP is incorporated reads: Monroe County shall support the objectives and action steps of the by reference into the Regional Cap for the 4-County Florida Reef Resilience Program Climate Change Action Plan for the Climate Compact. Florida Reef System. Policy 204.1.1 ADID is not consistent with State rule — Need to discuss but This policy has been deleted. I think we can delete policies related to ADID. Policy 204.1.3 Delete — I don't think we need to have KEYWEP scores in This policy has been deleted. GIS Policy 204.2.1 1 don't know if we can do this. We don't have the staff or The portion of the policy to update the GIS database has been deleted. (204.1.6) the permitting software to track it. Policy 204.2.2 Can't require permits in advance This text has been deleted. Policy 204.2.3 Suggest moving this policy to #4 under 204.2.2 Text was moved as suggested. State law requires local governments to use the same Text was added to include this standard and reads: "The setback is Policy 204.2.6 jurisdictional limits as the State and WMDs, established measured from the landward extent of the wetlands as determined pursuant to 62-340 FAC. pursuant to 62-340.300 F.A.C." Draft Comprehensive Plan Amendments Comment Response Form Date:2.26.14 Recommend policy not be revised to specifically identify a ROMA, but If MOCO sponsors a ROMA we may want to provide rather be more broad. Policy was revised to read: "Penalty reviews shall Policy 204.2.9 policies that allow penalties/fines to go to the ROMA. be paid to the Monroe County Environmental Land Management and Restoration Fund or set aside and used specifically for water quality enhancement projects, wetland restoration, or enhancement projects." We may be (probably will be) pursuing a ROMA in the near Objective 204.3 future. Don't want to establish policies that are not Objective deleted and applicable policies added to 204.1 and 204.2. consistent with State ROMA requirements Policy 205.2.9 Why break this out if all three have the same replacement Policy has been revised according to the suggestions of Beth Bergh. rates? Objective 207.10 After further consideration I think we should leave this in Agree — left in the original form. its original form —focus on species instead of habitat. Objective 207.11 Leave in original language Agree — left in original form. Language regarding "potentially suitable habitat" not used. Policy 208.2.3 Actually — we prohibit blasting To be protective, policy on blasting retained. Policy 208.3.1 If we don't delete the objective, delete this policy Objective and policy have been deleted. Policy 210.2.E Removing private groups would exclude TNC, Audubon and Text revised to restore private groups. others that do restoration in the Keys The policies under Objective 210.1 were separated into two objectives. Goal 210 and Regarding beach/berms: These Policies don't really One addresses the overall objective of restoring and maintaining marine, associated policies correspond to the Objective unless we stipulate "County wetland, beach/berm and native upland systems. The second addresses owned land" — even then it's pretty tenuous. the policies that apply to the beach/berm system, which are now included under its own goal. Monroe County does not have mitigation requirements for This policy was simplified according to the suggestions of Beth Bergh and Policy 210.2.5 wetland impacts. 2nd we may sponsor a ROMA in which is now included under Objective 210.1 case this Policy would be a complication. Policy 212.4.4 Clean Marina initiatives? Rule title added: Florida Keys Marina and Dock Siting Policies and Criteria Policy 212.5.4 Already in Code This portion of the policy has been deleted. This is no longer statutorily required. 'Does the county Policy 217.3.2 wish to allow mobile homes in areas outside of an Question also in FLUE. approved lot in an existing MH park or subdivision? Goal 218 Do we need minimum standards See pg 3-2.201 Goal has been deleted. Commenter; Mayte',Santamaria Coastal Discussed during team meeting with K&S — provided Text regarding "toilets" deleted wherever it occurs and restored live - Policy 202.5.3 comments, including removing 'toilets' aboard text. Policy 202.8.5 County working on an amendment No change at this time. Draft Comprehensive Plan Amendments Comment Response Form Date:2.26.14 Policy 203.5.3 County working on this No change at this time. Policy 204.1.3 May want to keep this phrase. Not sure of GIS comment? This policy has been deleted. Policy 204.2.7 why — we've coordinated with EPA and they said we could The text referring to agency coordination has been deleted. set the appropriate score. Policy 205.1.1 Do not change Text restored to original language. Policy 205.2.7 Adopted by BOCC Sept 2012 No change at this time. Objective 208.2 K&S supposed to provide info & updates. Information updated. Policy 209.1.2 Per BOCC during EAR. Don't change. Text restored to original language. Policy 206.2.1 Why are we using departments?? Text referring to a County department has been deleted. Policy 210.1.9 Removing private groups would exclude TNC, Audubon and The text "private groups" was restored. others that do restoration in the Keys. ? (the question is related to the prioritization of uses under (b) item goes from water -related and then Objective 212.1 automatically to activities that are neither water- Revised. dependent nor water -related) - what about water related, water enhanced? Policy 215.1.4 Is this just renumbered? Policy deleted because it is the same as 217.4.2. Policy 217.3.1 We don't do this anymore. This policy has been deleted. Policy 217.3.2 Legal review? No change at this time. County to advise of legal review. Commenter; DRC, Review Meeting; Thu W14/2013 Policy 201.1.2 Policy deleted since MC can no longer request other Ms. Kelnick with DEO said the Dept will be sending some suggested permits language Policy 202.1.3 (previously located Opening dead end canals Rhonda Haag (canal study) or Kevin Wilson may have comments under Obj. 202.14) Obj 202.4 Use and expansion of sewage pump -out facilities Per Rich Jones; Rebecca Jetton has additional comments on this topic. 202.4.1 Livaboard vessels pump out facilities Revised to clarify appilcable to docked or moored vessels. Rich Jones to review. Policy 202.4.2 Retrofitting existing facilities for onsite pump out Rich Jones to provide language to include a time in which to implement and determine what the infraction or violation will be. Livaboard vessels criteria; have deleted live -aboard vessels Policy 202.4.4 and replaced with "mooring fields" to clarify this is Rich Jones will work on specific language as oppposed to deleting applicable to those in mooring fields. Delete or keep #2 anything. and 3? Draft Comprehensive Plan Amendments Comment Response Form Date; 2.26.14 Policy 202.11.3 Plan for Spraying DEO suggests keep; however, mosquito spraying requirements are included in the FKNMS Mgmt Plan. Does staff wish to keep? Obj 202.14 Deleted regarding dead end canals; Policy 202.14.1 County is working on a canal study; Rhonda Haag to review on potential renumbed as 202.1.3 keeping portions. Policy 203.3.5 Obj and actions steps from the Climate Change Plan Staff suggests adding them here; however there are 40 action items. This may not be appropriate to include in the Comp Plan. Policy 205.2.12 1985 Habitat maps Mike Roberts to determine if this should be deleted or revised. Obj 207.9 and associated policies Protection of critical nesting and resting sites Mike Roberts to review to see if revisions to add additional species; need (to be renumbered further clarification? to Objective 7.5) Goal Objective 208.2 (to be Within one year of adoption of the 2030 Plan, create Mike Roberts; Is this realistic? The timeframe is statutorily required (K&S renumbered regulations to govern mining) editor). Coordination with J. Abbott on mining regulations timing. 208.1) Revised text for staff review, Objective 213.1Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall develop and implement measures for regulating shoreline uses consistent with. Such measures Obj 213.1 shall reflect the following order of priorities; 1. water- Have removed the uses, which are proscribed in the definitions within the (previous 212.1) dependent uses; 2. water -related uses; 3. water -enhanced Glossary. uses; and 4. Uses and activities that are not water - dependent, water -related, or water -enhanced, but for which there is no practicable upland alternative to meet the public need for the use or activity, shall receive the lowest priority for a coastal location. [§163.3178(2)(g), F.S.] Policy 213.1.1 (previous Policy Uses within one year of adoption of CP to develop the Staff needs to determine is this date will work for them, since this is not 212.1.1) Shoreline Use Priorities Plan an LDR that would be created. Policy 213.1.2 Adoption of CP and LDC amendments based upon the Staff to determine if development of the CP amendments within one year recommendations of the Shoreline Use Priorities Plan of the Shoreline Plan can be accomplished. Policy 213.4.7 (previous Policy Mooring Field sites Rich Jones will work on this for potential revisions. 212.5.7) Policy 213.21 Evaluate Coastal Construction setbacks Staff to review if this date is workable for the completion of the evaluation. Draft Comprehensive Plan Amendments Comment Response Form Date; 2.26.14 Policy 213.2.2 LDC revisions based upon Evaluation of CC setbacks Staff to review if this date is workable for the completion of the LDC amendments. Obj 213.3 Analysis for need for add marina facilities and marina siting Staff to review if this date is workable for the completion of the analysis criteria and developent of marina siting criteria Policy 214.1.1 Staff needs to determine is this date will work for them, since this is not (previously Creation of a Public Access Plan an LDR that would be created. 213.1.1) Goal 218 and Associated NROGO Staff will work on this section Objectives and Policies Commenter; Monroe County Staff, through Mayte Santamaria via email; Tue 9/3/2013 6:42 PM 6 B 6 4& Various edits, additions and deletions offered by staff. Accepted. Commenter; Planning Commission, Monday, September'23, 2013 Is this the best we can do? Denise Werling and Liz Lutzberg; We should not have mini lobster season at all. At the very least change the dates to Policy 203.4.2 one month after the commercial season starts or require Revised. an expensive lobster permit. Ron Miller; Lobster casitas is better than coral damage. Public Comment; Beth Vickery -Ramsey Protect coral during mini -season from damages by divers. Policy 206.1.1 Revise to return to "shall" vs. "may". Completed. Public Comment; Beth Vickery -Ramsey Policy 206.1.2 Revise to include plants, and specify "undeveloped" Revised. islands. New Objective Need to deal with lion fish and other invasive exotics 206.3 and New supporting lionfish derbies for example. Added new Objective and Policy. Policy 206.3.1 Policy 207.1.2 Add that damages should be mitigated and fined. Revised. Public Comment; Beth Vickery -Ramsey Objective 208.1 Revise to clarify that this is related to County public Revised. expenditures. Draft Comprehensive Plan Amendments Comment Response Form Date; 2.26.14 Commenter; Planning Commission, Monday, September'23, 2013 (continued) 8 & 8 9B Policy 208.1.2 Public Comment; Beth Vickery -Ramsey No change recommended by staff at this time. County attorney will be Clarify that this is only for "undeveloped" CBRS units. reviewing "developed" vs, "undeveloped" islands language. 1. County should reclaim county -owned land that has been encroached upon. 1. Revised. Policy 213.1.2 2. Liz Lutzberg; If public access lands are to be 2. Per County attorney; this would be more appropriate to be removed from the list, it should be broadly located in the LDC. noticed to the public. Policy 216.1.4 Chair Wiatt; Should add that we will consider the results of Revised. actual evacuations. Policy 215.3.1 Liz Lutzbert; Add "pet -friendly" Revised. Policy 217.1.1 Chair Wiatt; Can we include other land use categories Revised to include MUCF. here? Commenter; Monroe County Staff, October 24, 2013 Policy 212.1.3 Revise to add effective date of the 2010 Comprehensive Accepted. Plan as clarifying language. Policy 212.4.7 New mooring field siting criteria. Accepted. Policy 216.1.4 Revised to add MM 1-9.5 of CR 905 Accepted. Revised "workforce" to "affordable" Revised to include updated the Post Disaster Policy 216.2.4 Redevelopment Plan to deal with Repetitive Loss Accepted. Structures. 10 Draft Comprehensive Plan Amendments Comment Response Form Date; 2.26.14 MEETING #1, 2, and 3 Friday, March 21, 2014 Wednesday, April 23, 2014 Thursday, May 22, 2014 l.a Glossary (New) Monroe County Comprehensive Plan Update Glossary General If definitions sought are not within this section, the County shall utilize the adopted definitions of its LDC and, secondly, refer to the Florida Statutes. If a definition is not provided in these documents, the County shall utilize the term as commonly used. Acronyms ACSC: Area of Critical State Concern AWT: Advanced Wastewater Treatment BOCC: Monroe County Board of County Commissioners CHHA: Coastal High Hazard Area CBRS: Coastal Barrier Resources System DEO: Department of Economic Opportunity DNL: Day/Night Average Sound Level DOH: Florida Department of Health DU: Dwelling Unit EPA: Environmental Protection Agency FAR: Floor Area Ratio FDEP: Florida Department of Environmental Protection FDOT: Florida Department of Transportation FEMA: Federal Emergency Management Agency FKAA: Florida Keys Aqueduct Authority FKNMS: Florida Keys National Marine Sanctuary FLUM: Future Land Use FWC: Florida Fish and Wildlife Conservation Commission GHGEs: Greenhouse Gas Emissions HUD: U.S. Department of Housing and Urban Development KEYWEP: Keys Wetland Evaluation Procedure LDC: Land Development Code LOS: Level of Service LPA: Local Planning Agency MHWL: Mean High Water Line MIAI: Military Installation Area of Impact MLWL: Mean Low Water Line MMP: Maintenance and Management Plan NASKW: Naval Air Station Key West NOAA: National Oceanic and Atmospheric Administration NROGO: Nonresidential Rate of Growth Ordinance OSDS: On -Site Sewage Disposal System ROGO: Rate of Growth Ordinance Glossary 1 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update ROSPA: Recreation and Oben Space Planning Area ROW: Right of Way SFWMD: South Florida Water Management District TDR: Transferable Development Rights TRE: Transfer of ROGO Exembtion UKROSPA: Upper Keys Recreation and Open Space Planning Area USACE: United States Army Corps of Engineers USFWS: United States Fish and Wildlife Service Defined Terms 0 Abandoned means discontinuation of a use. When the use of a property has ceased and the property has been vacant for 18 months, abandonment of use will be presumed unless the owner can show that a diligent effort has been made to sell, rent, or use the property for a legally permissible use. This excludes temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. Accessory Use or Accessory Structure means a use or structure that: (1) Is subordinate to and serves an existing principal use or principal structure, and (2) Is subordinate in area, extent and purpose to an existing_ principal use or principal structure served, and (3) Contributes to the comfort, convenience or necessity of occupants of the principal use or principal structure served, and (4) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as the lot/parcel on which the principal use or principal structure is located, and (5) Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use or principal structure, excluding accessory docking facilities that may be permitted on adjacent lots/parcels pursuant to section 118-12 of the County's LDC, and (6) Is located in the same land use (zoning) district as the principal use or principal structure, excluding off -site parking facilities pursuant to section 114-67 of the County's LDC. Active Recreation means recreational uses that require facilities or facility types such as, but not limited to: athletic fields, buildings or structures for recreational activities, concessions, or festivals, fitness courses, playing or courts, playgrounds, dog play areas, or bike paths. Adaptation Action Area or Adaptation Area means an area prioritized for adaptation planning because it is subject to coastal flooding due to extreme high tides and/or storm surge, and that is vulnerable to the related impacts of rising sea levels. This term is used herein for the purpose of prioritizing adaptation planning. Glossary 2 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Adjacent means land sharing a boundary with another parcel of land at one or more points of intersection. An intervening road, right-of-way or easement shall not destroy the adjacency of the two parcels, except for U.S. 1. Administrative Relief means actions taken by the County granting the owner of real property relief from the continued application of the rate of growth ordinance restrictions provided they meet the criteria established in the Land Develonment Code. Affordable Housing means residential dwelling units that meet the following requirements: a. Meet all applicable requirements of the United States Department of Housing and Urban Development minimum property standards as to room sizes, fixtures, landscaping and building materials, when not in conflict with applicable laws of the County; and Have a sale Brice or rental amount that is within the financial means of Coun households, as defined in the Land Development Code. Agriculture means the science and art of production of plants and animals useful to humans, including to a variable extent the preparation of these products for human use, and includes aquaculture, horticulture, floriculture, viticulture, mariculture/aquaculture, forestry, dairy, livestock, poultry, and any and all forms of farm products and farm production. Airport means anv area of land or water. or anv manmade obi ect or facilitv located thereon which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights - of -way, together with all airport buildings and facilities located thereon. There are both public and brivate airborts_ which are differentiated as follows: (a) A public airport is publicly or privately owned, meets minimum safety and service standards, and is open for use by the public, and (b) A private airport is publicly or privately owned, and is available for use by invitation of the licensee. Services may be provided if authorized by the Florida Department of Transportation. Amendment means anv action of the Countv which has the effect of amending_ adding to deleting from or changing an adopted comprehensive plan element or map or map series, including an action affecting a prior plan or plan amendment adoption ordinance, but shall not mean a legislative act which only codifies County legislation or makes corrections, updates and modifications of the capital improvements element concerning costs, revenue sources, acceptance of facilities or facility construction dates consistent with the plan. Glossary 3 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Archaeological Resource means a place and/or material remains where remnants of a past culture or societv survive in a bhvsical context. Arterial Road means a route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. U.S.1 is an arterial road. Available (as applied to a publically-owned or investor -owned sewerage system), means that the sewerage system is capable of being connected to the plumbing of an establishment or residence, is not under a department of environmental protection moratorium, and has adequate permitted capacity to accept the sewage to be generated by the establishment or residence. Beach means the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. "Beach," as used in the Conservation and Coastal Management element_ is limited to oceanic and estuarine shorelines. Beach Berm means a bare, sandy shoreline with a mound or ridge of unconsolidated sand that is immediately landward of, and usually_ parallel to, the shoreline and beach. The sand is calcareous material that is the remains of marine organisms such as corals, algae and mollusks. The berm may include forested, coastal ridges and may be colonized by hammock vegetation. Beekeeping means the raising caring for, and breeding of honeybees at an apiary site. Beneficial Use means the use of property that allows an owner to derive a benefit or profit in the exercise of a basic brobertv right. Bird Rookery means acommunal nesting; ground for gregarious birds Staff recommended revision based on public input Boat Barn means a structure enclosing and/or covering boat storage racks with a roof and one or more sides and used for the storage of vessels and associated equipment not associated with retail sales of boats. Boat barns within marinas may be considered as the principal building or structure, but the marina remains the principal use. Bu er/Buffer.yard means a land area of specified minimum width, together with required planting and landscaping consisting of native vegetation or other species included on an approved species list used to visibly separate one use from another, or to shield or block noise, lights. or other nuisances. A buffervard may also contain a barrier such as a berm. wall. or fence. designed to provide screening. Glossary 4 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Buildable Acre means the upland portion of a parcel that is not a bufferyard, setback or open space required by the LDC. Also referred to as Buildable Area. Building means a structure that is located on land or water and which can be used for housing, business, commercial, agricultural, storage or office purposes, either temporarily or permanently. Built Environment means all structures and spaces that are created or modified by people, including utilities and transportation systems. C Cactus hammock means a low hammock with understories and/or ground covers with an abundance of cacti of the genera Optunia and Cereus. Common species in cactus hammocks include Barbed Wire Cactus (Cereus pentagonus) and Prickly Pear Cactus (Optunia stricta var. dillenii). Rare species include Tree Cactus (Cereus robinii) and Prickly Apple Cactus (Cereus racilis). Campground means any parcel of land, whether improved or unimproved, used for tent camping, including pop -ups, for tenancies of less than six months. Capital Budget means the portion of the County's budget which reflects capital improvements scheduled for a fiscal year. Capital Improvement means the physical assets constructed or purchased to provide, improve or replace a public facility and which are large scale and high in cost. The cost of a capital improvement is generally nonrecurring and may require multi -year financing. Physical assets which have been identified as existing or projected needs in the individual comprehensive plan elements are capital improvements. Carryin'apacity means the level of use which can be accommodated and continued without irreversible impairment and degradation of natural resource productivity, the ecosystem, and the quality of air, land, and water resources. Certificate of Occupancy means the written certification issued by the County that a building is ready for occupancy for its intended use. A setup or tie -down permit issued for a mobile home shall be considered a Certificate of Occupancy for the purposes of this article. Coastal High Hazard Area (CHHA) means the area below the elevation of the Category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. Collector Road means a roadway providing service which is of relatively moderate traffic volume, moderate trip length, and moderate operating speed. Collector roads collect and distribute traffic between local roads and arterial roads. Glossary 5 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Commercial Recreation means a use designed and equipped for the conduct of sports and leisure -time activities (indoor and outdoor)_ oberated as a business. Commercial Apartment means an attached or detached residential dwelling unit, located on the same parcel of land as a nonresidential use, that is intended to serve as permanent housing for the owner or employees of that nonresidential use. The term does not include a tourist housing use or vacation rental use. Commercial Fishing means the catching, landing, processing or packaging of seafood for commercial purposes, including the mooring and docking of boats and/or the storage of traps and other fishing equipment and charter boat uses and sport diving uses. Commercial Retail Use means an occupation or service providing_ primarily for the sale of consumer goods, products, merchandise or services. Community Center means a defined geographic development focal area as identified within each of the Livable CommuniKevs Plans. Community Character means the image and perception of a community as defined by the recognizable natural and built landmarks, boundaries and features that provide a sense of place and orientation and the interrelationship of all these characteristics. Compatibility means a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. Comprehensive Plan means the compilation of goals, objectives, policies, and maps for the physical, social, and economic development within the County, adopted by ordinance pursuant to Chapter 163, Part 11, Florida Statutes, as amended and containing all statutorily -required elements. Concurrence means that the necessary_ public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur. Concurrence Management System means the procedures and/or process that the County will utilize to assure that development orders and permits are not issued unless the necessary facilities and services are available concurrent with the impacts of development. Contiguous means a sharing of a common border at more than a single point of intersection. Contiguity is not interrupted by utility easements. County means, as used in this comprehensive plan, unincorporated Monroe County, Florida. Glossary 6 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Q De Minimis Traffic Impact means an impact that would have a minimal or very minor effect upon the adopted levels of service. Density means an objective measurement of the magnitude of residential use on a site. Density is measured and expressed as the number of dwelling units/rooms/spaces per acre of upland. Density, Allocated means the number of dwelling units or rooms/spaces which may be permitted to be developed per gross acre of upland without the use of Transferable Development Rights TDRs . Density, Maximum Net means the maximum number of dwelling units or rooms/spaces which may be permitted to be developed per buildable acre, with the use of Transferable Development Rights TDRs) or for affordable housing. Detention means the temporary delay of stormwater runoff by a structure, for water quantity and quality improvements, prior to discharge into receiving waters Development Order means any order granting, denying, or granting with conditions an application for a development permit. Development Permit means any building permit, plat approval, conditional use permit, subdivision approval, rezoning, variance, special exception, or any other official action of Monroe County having the effect of permitting the development of land. Disturbed land means land that manifests signs of environmental disturbance that has had an observable effect on the structure and function of the natural community that existed on the site brior to the disturbance. Disturbed Salt Marsh and Buttonwood Wetlands means salt marsh or buttonwood wetland habitat with environmental disturbance that has had an observable effect on the structure and function of the natural community. Drainage Facilities means a system of man-made structures designed to collect, convey, hold, divert, or discharge stormwater, and includes stormwater sewer, canals, detention structures, and retention structures. Dred z��ng means excavation below water level or in wetlands. Dune means a mound, bluff, or ridge of loose sediment, usually sand -sized sediment, lying landward of the beach and deposited by any wind or ocean current or artificial mechanism. Glossary 7 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Dwelling Unit means one or more rooms physically arranged for occupancy by one household sharing common living_ cooking_ and toilet facilities. E Easement means a grant of one or more of the property rights by the property owner to and/or for the use by the public, the County, a public or private utility, a corporation, or another person or entity. Element means a major division or chapter of the comprehensive plan. The required elements, per Florida Statutes, are: Future Land Use, Transportation including Traffic Circulation, Mass Transit, and Ports, Aviation and Related Facilities sub -elements), Infrastructure (including Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge sub -elements), Conservation, Coastal Management, Recreation and Open Space, Housing Intergovernmental Coordination, and Capital Improvements. Environmentally Sensitive Lands means areas of native habitat requiring special management attention to protect important fish and wildlife resources and other natural systems or processes. Environmentally sensitive lands typically include wetlands and other surface waters, tropical hardwood hammocks and pinelands. For the purposes of the Tier Overlay District Policy 105.2.1) Environmentally Sensitive Lands means areas of native upland habitat (hammock and pinelands) Expansion of Nonconforming Use means extending a nonconforming use to occupy a rg eater amount of area beyond that which it occupied on the date the use became nonconforming. F Family means a person living alone, or people living together as a single household and sharing common living, cooking, and toilet facilities: (1) Any number of people related by blood, marriage, adoption, guardianship, or duly - authorized custodial relationshib: (2) three unrelated people, (3) two unrelated people and any children related to either of them. Flood plain means any land area susceptible to being inundated by flood waters from any source. (FEMA definition) Floor Area means the sum of the gross horizontal areas of each story of a building, measured from the exterior walls or from the centerline of party walls, including the floor area of accessory uses and of accessory buildings and structures. Glossary 8 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Floor Area Ratio (FAR) means a measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross upland area. The FAR is calculated by adding together the gross floor areas of all buildings on the site and dividing by the gross upland area. For example, the FAR of a 10,000 total square foot structure on a one acre upland site equals: 10,000 square feet - 43,560 square feet (1 acre) = a FAR of 0.23. Future Land Use Map (FLUM) means a graphic representation of the land use categories used in the County and their placement on the land adopted as part of the comprehensive plan and used as the re ug latory map for implementation of the comprehensive plan and land development regulations. G Goal means the long-term end toward which programs or activities are ultimately directed. Grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure, or the crown or curb of the nearest road directly adjacent to the structure, whichever is higher. To confirm the natural elevation of the ground surface, the county shall utilize the Light Detection and Ranging_(LiDAR) dataset for Monroe County prepared in 2007. In the event 2007 LiDAR data is not available for a given parcel, the county shall use the best available data, including, but not limited to, pre -construction boundary surveys with elevations, pre -construction topographic surveys, elevation certificates and/or other optical remote sensing data. Greenhouse Gas Emissions (GHGEs) means those emissions regulated under the Kyoto Protocol, including: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). Direct GHGEs are emissions from sources that are owned or controlled by the reporting entity such as energy use for the electricity generation by utilities. Indirect GHGEs are emissions that are a consequence of the activities of the reporting entity, but occur at sources owned or controlled by another entity. Green Infrastructure means strategically planned and managed networks of natural lands, working landscapes and other open spaces that conserve ecosystem values and functions and provide associated benefits to human populations. H Habitable Space mean any structure equipped for human habitation such as, but not limited to, office, workshop, kitchen, dining living, laundry, bathroom, bedroom, den, family or recreational room, professional studio or commercial occupancy including all interior hallways, Glossary 9 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update corridors, stairways and foyers connecting these areas. Garages, exterior stairs and open decks and batios are not considered habitable structures. Hazardous Waste (or Materials) means solid waste which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial present or potential hazard to human health and safety or to the environment when improperly transported, disposed of, stored, treated, or otherwise managed. Height means the vertical distance between grade and the highest part of any structure, including mechanical equipment, but excluding the following_ spires and/or steeples on structures used for institutional and/or public uses only, chimneys, radio and/or television antenna, flagpoles, solar apparatus, utility poles and/or transmission towers, and certain antenna supporting structures with attached antenna and/or collocations as permitted in the Land Development Code. However, in no event shall any of the exclusions enumerated in this section be construed to permit any habitable or usable space to exceed the maximum height limitation. In the case of airport districts, the height limitations therein shall be absolute and the exclusions enumerated in this section shall not apply. Historic, Cultural or Archaeological Landmark means a structure, district, or site designated by BOCC Resolution as a historically, architecturally, or archaeologically significant landmark on the Florida Keys Historic Register.' Historical Resource means a structure, district, or site listed on the Florida Master Site File, the National Register of Historic Places, or designated by the BOCC as a local Historic or Archaeological Landmark. Historically Significant Housing means a dwelling unit that is designated as a local historic, cultural and/or archaeological landmark on the Florida Keys Historic Register, or is listed on the National Re ist�er of Historic Places. Hotel/Motel means a building containing individual units for the purpose of providing overnight lodging facilities for periods not exceeding 30 days to the general public for compensation with or without meals, and which has common facilities for reservations and cleaning services, combined utilities and on -site management and reception. Household means all the people who occupy a housing unit. A household includes the related family members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees who share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a housing unit such as partners or roomers, is also counted as a household. Household Income means all wages, assets, regular cash or noncash contributions or gifts from persons outside the household, and such other resources and benefits as may be determined to be income by the United States Department of Housing and Urban Development, adjusted for Glossary 10 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update family size, less deductions allowable under Section 62 of the Internal Revenue Code. Also known as Adiusted Gross Income. Immediate Vicinity means a distance of less than 5 miles. Impact Fee means charges assessed against new development or redevelopment which partially or wholly cover the cost of providing capital facilities needed to serve the development. Impervious Surface means a surface that does not allow, or minimally allows, the penetration of water, examples include building roofs, concrete and asphalt pavements, set pavers, and some fine-grained soils, such as clays. Industrial Use means a use devoted to the manufacture, warehousing, assembly, packaging, processing, fabrication, storage or distribution of goods and materials whether new or used or the substantial refinishing, repair and/or rebuilding of vehicles or boats. Infrastructure means those man-made structures which service the common needs of the population, such as: sewage disposal systems, potable water systems and wells, solid waste disposal sites or retention areas, stormwater systems, utilities, piers, docks, wharves, breakwaters, bulkheads, seawalls, bulwarks, revetments; causeways, marinas, navigation channels, bridges, and roadways. Institutional -Residential Use means temporary or permanent housing associated with an institutional organization that serves the recreational, religious, educational, cultural, scientific, research, social service, or health needs of the community, such as a group home, foster care facility, convent, nursing facility, student housing, life care/elderly housing, or scientific research facility. Institutional Use means a use that serves the recreational, religious, educational, cultural, scientific, research, social service, or health needs of the community, including, but not limited to, educational and scientific research facilities that serve the region and day care and preschool facilities. Intensity means an objective measurement of the magnitude of nonresidential use on a site. Intensity is measured and expressed as a floor area ratio (FAR) (see definition of Floor Area Ratio). K Keys Wetland Evaluation Procedure (KEYWEP) means a specific wetlands evaluation procedure developed for wetlands in the Florida Keys. It includes a scoring procedure used to determine Glossary 11 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update wetland mitigation requirements. It was developed as part of the Advanced Identification of Wetlands Program. L Land means the earth, at or below the surface that lies above high tide for lands subject to tidal inundation and mean high water for freshwater bodies of water. Land Development Code (LDC) means ordinances enacted by the County for the regulation of any aspect of development as defined herein. Level of Service means an indicator or the extent or degree of service provided by, or proposed to be provided by a facility based on and related to the operational characteristics of the facility_ Level of service indicates the capacity per unit of demand for each public facility_ Live Aboard Vessel means (a) Any vessel used solely as a residence and not for navigation, (b) Any vessel represented as a place of business or a professional or other commercial enterprise; or (c) Any vessel for which a declaration of domicile has been filed pursuant to s. 222.17, F.S. A commercial fishing boat is expressly excluded from the term live -aboard vessel. Live -aboard vessels are expressly excluded from the allocation system, as the vessels do not occupy a distinct location, and therefore cannot be accounted for in the County's hurricane evacuation model. Under no circumstances shall a vessel or associated wet slips be transferred upland or converted to a dwelling unit of any other type. Vessels or associated wet slips are not considered ROGO allocation awards, and may not be used as the basis for any type of ROGO exemption or TRE. Local Planniny means the agency designated to prepare a comprehensive plan or plan amendment pursuant to the Community Planning Act. (aka: Planning Commission) Low Impact Development (LID) means an approach to land development that works with nature to manage stormwater as close to its source as possible using various land planning and design practices and technologies. Some common LID practices include: • Vegetated swales, buffers and strips • Permeable pavers • Green roofs • Rain gardens and bioretention Tree or natural area breservation • Rain gardens, rain barrels or cisterns • In -ground infiltration and storage • Green build brograms such as Florida Water StarsM Glossary 12 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update M Maintenance Dredging means the removal of shoaling and/or sedimentation in channels, basins and harbors necessary to return such areas to the dimensions and depths previously authorized or permitted. Maintenance dredging is subject to specific conditions and limitations (e.g., natural resource restrictions and dredged spoil disposal methods). Major Trip Generator means facilities generating over two thousand (2,000) trips per day. Marina means a facility for the storage and mooring of vessels and/or live -aboard vessels, together with accessory retail and service uses, and may include restaurants, vessel rentals, charter vessels, vessel repair, sport diving uses, the provision of fuel, and vessel launching . The term marina does not include docks accessory to a land -based dwelling unit limited to the use of owners or occupants of the dwelling unit. Marine Educational/Research Facility means a building or place that provides marine education and research services, including, but not limited to, classrooms, libraries, auditoriums, laboratories, museums, ocean energy or coral reef management test sites, and dockage. Mitigation (as related to wetlands) means a wetland enhancement, restoration, creation and/or preservation project that serves to offset unavoidable wetland impacts associated with development. Mitigation (as related to climate change) means an intervention to reduce the causes of changes in climate, such as reducing emissions of greenhouse gases in the atmosphere. Mobile Home means a structure, transportable in one or more sections, which is 8 body feet or more in width and over 35 feet in length and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities. Expandable recreational vehicles, known as "park models," designed and built as permanent residences, are considered mobile homes as well. N Native Upland Vegetation/Habitat (also Upland Native Vegetation/Habitat) means native plant species, either new growth or mature, occurring within native upland plant communities including_pinelands, cactus hammocks, palm hammocks or tropical hardwood hammocks. Within pineland habitats, the dominant canopy consists of slash pines (Pinus elliottii var. densa). Many of the species include: Glossary 13 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Glossary 14 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Natural Drainage Features means the naturally occurring features of an area which accommodate the flow of stormwater, e.g., streams, rivers, lakes, and wetlands. Natural Resources means the air, water, water recharge areas, wetlands, waterwells, estuarine marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine habitat, minerals, and other environmental resources. Nonconforming Structure, as used in the Comprehensive Plan and LDC, means a structure which does not conform to a current provision or regulation provided in the Comprehensive Plan and/or LDC. Nonconforming Structure, Lawful, as used in the Comprehensive Plan and LDC, means a structure which does not conform to a current provision or regulation provided in the Comprehensive Plan and/or LDC, but was permitted, or otherwise in existence lawfully, prior to the effective date of the ordinance adopting the current provision or regulation that rendered the structure nonconformi S. Nonconforming Use means a use which does not conform to a current provision or regulation provided in the Comprehensive Plan and/or LDC. Nonconforming Use, Lawful means a use which does not conform to a current provision or regulation provided in the Comprehensive Plan and/or LDC, but was permitted, or otherwise in Glossary 15 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update existence lawfully, prior to the effective date of the ordinance adopting the current provision or regulation that rendered the use nonconforming. NROGO Subarea means the division of the unincorporated area of the county, outside of the countv mainland_ for the Permit Allocation and Point Svstem (or Rate of Growth Ordinance — ROGO), as follows: (1) Upper Keys: the unincorporated area of the county north of Tavernier Creek and corporate limits of the Village of Islamorada (proximately mile marker 90). (2) Lower Keys: the unincorporated area of the county from the corporate limits of the Village of Islamorada (proximately mile marker 72) south to the corporate limits of the City of Key West at Cow Key Bridge on U.S. Highway I (approximately mile marker 4), excluding Big Pine Key and No Name Key_ (3) Big Pine Key and No Name Key: the islands of Big Pine Key and No Name Key_ IN Objective means a specific, measurable, intermediate end that is achievable and marks progress toward a goal. Offshore Island means an area of land, surrounded by water, which is not directly or indirectly connected to U.S. 1 by a bridge, road or causewaL. Open Space means (in relation to recreation) undeveloped lands that are suitable for passive recreation, landscape, preservation, or conservation uses. Open Space means (in relation to open space ratio calculations) that portion of any parcel or area of land or water that is required to be maintained such that the area within its boundaries is open and unobstructed from the ground to the sky_ q Palm hammock means a low hammock where one out of every five of the dominant plants is a native palm characterized by the state thatch palm, Thrinax radiata. Paratransit means a form of public transportation characterized by the flexible routing and scheduling of small vehicles (taxis, vans, or small buses) to provide shared occupancy, doorstep or curbside personalized transportation service. Park means an active or passive recreational facility operated for the benefit of the general public by a public or quasi -public agency_ Glossary 16 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Passive Recreation means non -motorized recreational activities that have a low impact on natural resources such as hiking, photography, or nature studies, and if specifically designated bicycling, picnicking, or fishing. Plat means an official subdivision approved by the Board of County Commissioners. Policy means the way in which programs and activities are conducted to achieve an identified Port means a place alongside navigable water with facilities for the loading and unloading of vessels. Principal Use means the primary land use established on a parcel. Public Facilities means major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities. Public Navigation Channel means a channel that was constructed or is maintained by a public entity, such as a federal or State agency, Monroe County or other local government for the purpose of transporting, people or goods for commerce, recreation or other purposes. Public Water Access means public access to the waterfront, including but not limited to beaches, shorelines, marinas, boat ramps or other water -oriented facilities. Access may be pedestrian or by bicycle, vehicle or vessel. Public water access may also mean access to the upland from the water. Public Recreation Site means a site owned or leased by a federal, state, regional, or County agency for purposes of recreational use by the public. Q Reclamation means the filling, backfilling, restructuring reshaping, and/or revegetation within and around a land excavation or filling area to a safe and aesthetic condition. Recreational and Commercial Workin Waterfront means a parcel or parcels of real property that provide access for water -dependent commercial activities, including hotels and motels as defined in the Florida Statutes, or provide access for the public to the navigable waters of the state. Recreational and commercial working waterfronts require direct access to or a location on, over, or adjacent to a navigable body of water. The term includes water -dependent facilities that are open to the public and offer public access by vessels to the waters of the state or that are support facilities for recreational, commercial, research, or governmental vessels. These facilities include public lodging establishments, docks, wharfs, lifts, wet and dry marinas, boat ramps, Glossary 17 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update boat hauling and repair facilities, commercial fishing facilities, boat construction facilities, and other support structures over the water. As used in this definition, the term "vessel" has the same meaning as in the Florida Statutes. Seaports are excluded from the definition. Recreation and Open Space Planning Area (ROSPA) means the four geographical planning areas within Monroe County established for the purposes of inventory of existing facilities, and calculation of Level of Service and needs for recreation and open space areas and facilities. The ROSPAs include the incorporated cities and their facilities which may service a population that extends beyond an individual city's boundaries, e.g., Monroe County School District schools serve populations beyond the city boundaries, as well as the unincorporated County as a whole. The four designated areas and their boundaries are: 1. Mainland ROSPA (MROSPA): The MROSPA encompasses the south and southwest tip of Florida. Although the MROSPA is connected to the Keys portion of the County by roads, these roads actually travel through Dade County, Florida. 2. Upper Keys ROSPA (UKROSPA): The northernmost limit of the UKROSPA is MM 112 which is the southern limit of Dade County. The UKROSPA continues southeast and then south to MM 73 and includes a portion of the Keys on Key Largo along SR 905 to Ocean Reef. The UKROSPA contains the incorporated city of the Village of Islamorada. 3. Middle Keys ROSPA (MKROSPA): The MKROSPA extends west-southwest from MM 73 to MM 38.5 which is the south end of the Seven Mile Bridge. The MKROSPA contains the incorporated cities of Layton, Key Colony Beach and Marathon. 4. Lower Keys ROSPA (LKROSPA): The LKROSPA extends west from MM 38.5 to MM 0 and includes the non -land linked Keys of the Dry Tortugas, the Sand Keys, and the Marquesas Keys. Key West, the County seat and the largest city, is included in the LKRO SPA. Recycling is minimizing waste generation by recovering and reprocessing usable products that might otherwise become waste (i.e., recycling of aluminum cans, paper and bottles, etc.) Redevelopment means the rehabilitation, improvement, and/or demolition and replacement of existing development on a site. Resident (Permanent) Population means inhabitants counted in the same manner utilized by the United States Bureau of the Census, in the category of total population. Resident population does not include seasonal population. Resilience (in relation to climate change) means the capability to anticipate, prepare for, respond to, and recover from significant multi -hazard threats with minimum damage to social well-being, the economy and the environment. Glossary 18 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Resource Based Recreation means recreational activities that typically are dependent on natural resources and the natural outdoor environment. These activities have little, if any, adverse impact on a site and are compatible with natural and/or cultural resource protection. Retention means the storage of a specific volume of stormwater runoff within a defined area having no direct discharge into receiving waters, included as examples are systems which discharge through percolation, filtered bleed -down and evaporation processes. Reuse (in relation to resource extraction sites) means the planned activity or activities that are intended for the land excavation or filling area and/or abutting land after the excavation or filling ceases and reclamation is completed. Roof --Way means land acquired and owned by the state, a county, a municipality, or utility and reserved, dedicated, or required for public use. Rip Rap means a permanent erosion -resistant ground cover consisting of loosely placed pieces of natural stone or clean concrete rubble six (6) inches to three (3) feet in diameter (average dimensions). which is free of attached sediments or reinforcing rods or other similar brotrusions. ROGO Subarea means the division of the unincorporated area of the county, outside of the countv mainland_ for the residential Permit Allocation and Point Svstem (or Rate of Growth Ordinance — ROGO), as follows: (1) Upper Keys: the unincorporated area of the county north of Tavernier Creek and corporate limits of the Village of Islamorada (proximately mile marker 90). (2) Lower Keys: the unincorporated area of the county from the corporate limits of the Village of Islamorada (proximately mile marker 72) south to the corporate limits of the City of Key West at Cow Key Bridge on U.S. Highway I (approximately mile marker 4), excluding Big Pine Key and No Name Key_ (3) Big Pine Key and No Name Key: the islands of Big Pine Key and No Name Key within unincorporated the county_ Room, Hotel or Motel, means a unit in a public lodging establishment as defined by Florida Statutes intended for transient lodging only for periods not exceeding 30 days. Transient occupancy shall conform to the definition contained in Florida Statutes. For the purposes of density restriction: (1) Hotel or motel room may be a single room or a suite which may include a kitchenette but no more than 1'/z bathrooms and one bedroom and one other living area. (2) Suites containing more than one bedroom and 1'/z baths may be constructed, however, each bedroom/bath combination shall be considered a hotel/motel room. (3) All entrances to a hotel or motel unit shall share the same key or means of controlling access so that the hotel or motel room as defined herein is not divisible into separately rentable units. Glossary 19 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update S Salt Marsh and Buttonwood Wetlands means two plant associations that are sometimes collectively or individually referred to as the "transitional wetland zone." The salt marsh community is a wetland area subject to tidal influence, and the vegetation is dominated by nonwoodv groundcovers and grasses. The vegetation may include, but is not limited to, the following nonwoodv species: Woody vegetation that may be present includes the three species of mangroves, as well as buttonwood (Conocarpus erectus), however, the salt marsh community is distinguished by the dominance of nonwoodv plants, and the woody species have a coverage of less than 40 percent. The salt marsh community may be associated and intermixed with areas of almost bare ground on which the vegetation may be limited to masts of periphyton. The buttonwood wetland is a wetland that is usually present in the more landward zone of the transitional wetland area, and may intermix with more upland communities. The vegetation may include, but is not limited to, the following species: Glossary 20 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update The buttonwood wetland is distinguished from the salt marsh wetland by the dominance of buttonwood trees, usually occurring as an open stand that permits the growth of an understory of groundcovers and shrubs. The buttonwood wetland is, in turn, distinguished from more upland communities by the presence of graminoids and halophytic groundcovers under its open canopy, and generally by the lack of an appreciable layer of humus and leaf litter. As referenced throughout these regulations, "salt marsh and buttonwood" habitat refers collectively and individually to "salt marsh" and "buttonwood" habitats for the purpose of determining re alatoLy requirements. Scarified Land means an area that is cleared of native vegetation, or topographically modified such that the land is not currently in a successional sequence leading to the establishment of the vegetative communities that were cleared or disturbed. Seasonal Population means the part-time inhabitants who utilize, or may be expected to utilize, public facilities or services, but are not residents. Seasonal population includes longer -term visitors who reside during their stay in owner -occupied or leased/rented accommodations. Shore or Shoreline means the interface of land and water and, as used in the coastal management and conservation element reauirements_ is limited to oceanic and estuarine interfaces. Shoreline Stabilization Strategy means an approach to shore erosion control practices using hardened structures such as bulkheads, rip rap or seawalls or using restoration practices such as plantings to stabilize, protect and enhance the built and natural environments from erosion and sea level rise impacts. State Land Planning Agency means the Florida Department of Economic Opportunity (DEO), formerly the Department of Community Affairs. Stormwater means the flow of water which results from a rainfall event. Stormwater Facilities mean manmade structures that are part of a stormwater management system designed to collect, convey, hold, divert, or discharge Stormwater, and may include stormwater sewers, canals, detention facilities and retention facilities. Glossary 21 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Structure means anything constructed, installed or portable, the use of which requires a location on a parcel of land. It includes a movable building that can be used for housing, business, commercial, agricultural or office purposes, either temporarily or permanently. The term "structure" also includes roads, walkways, paths, fences, swimming pools, tennis courts, poles, pipelines, transmission lines, tracks, signs, cisterns, sewage treatment plants, sheds, docks, mooring areas, off -shore swimming platforms and other accessory construction. Subdivision (or Subdivide) means the division of land into three or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land. Submersed Land means the area situated below the mean high water line of a standing body of water, including ocean, estuary, lake, pond, river or stream. For the purpose of this definition, drainage detention areas created as a function of development that are recorded on an approved final site plan or other authorized development order action of the County, and wetlands landward of the mean, shall not be considered submerged land. Sustainable Building Rating or National Model Green Building Code means a rating system established by the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating system, the International Green Construction Code (IGCC), the Green Building Initiative's Green Globes rating system, the Florida Green Building Coalition standards, or a nationally recognized, high-performance green building rating system as approved by the department. T Temporary Emergency Housing means recreational vehicles (or similar approved sheltering units) used for temporary occupancy a) in response to natural or manmade disasters, including, but not limited to, hurricanes and tropical storms, b) in order to avoid delay in completing airport safety and capacity improvements, and c) in order to avoid delay in completing long-term capital improvement projects (for example central sewer projects) by any federal, state of local government agency. Threatened and Endan er Species means plant or animal species listed as such under the provisions of the Endangered Species Act, and/or Florida Statutes, and the Florida Endangered and Threatened Special Act. Tourist means those part-time inhabitants who utilize, or may be expected to utilize, public facilities or services, but are not residents. Tourist population includes short-term visitors who reside during their stay in transient accommodations. Transient Ufa V;i T",gti, Unit means a dwelling unit used for transient housing such as hotel or motel room, seasonal residential unit, or space for parking a recreational vehicle or travel trailer. Staff recommended revision Glossary 22 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update Transit means transportation services available to the public on a regular basis by bus, rail, or other vehicle, and usually on a fare -paying basis. Transit may be provided by either public, private or non-profit entities. Transit Facility means the property, equipment, and improvements of whatever nature owned, used, constructed, maintained, controlled, or operated to provide mass transportation for passengers or to provide for the movement of people, including park -and -ride lots, transfer stations, bus stops, shelters, benches, signs, structures, and other improvements. Transportation Disadvantaged means those persons who because of physical or mental disability, income status, or age are unable to transport themselves or to purchase transportation and are, therefore, dependent upon others to obtain access to health care, employment, education, shopping, social activities, or other life -sustaining activities. U Upland means the area of a site landward of mean high water, excluding submerged lands and tidally inundated mangroves. Upland Native Vegetation/Habitat (see Native Upland Vegetation/Habitab Useful Life means the period during which an asset or property is expected to be usable for the purpose it was acquired. It may or may not correspond with the item's actual physical life or economic life. Utility means facilities such television cable, telephone exchanges, electric generation plants, stormwater collection systems, high power transmission lines and substations, gas distribution lines and sewage treatment collections systems and disposal plants. V Vessel means every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. Vulnerability to Climate Change means the exposure, sensitivity, and adaptive capacity of systems to climate change. Glossary 23 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Monroe County Comprehensive Plan Update w Wastewater Treatment Collection System means the use of land and its above ground installed appurtenances related to the collection and transmission of wastewater to a treatment facility located on another lot or barcel. Wastewater Treatment Facilitv means the use of land and its appurtenances for the treatment of wastewater collected predominately from other lots or parcels. Water -Dependent Use means a use that must physically be located in, on, over, or adjacent to water in order to conduct its primary purpose and which, therefore, cannot be located inland. e.g., marinas, boat rentals, boat yards, docks, wharfs, lifts, boat ramps, boat hauling, repair, and construction facilities, commercial fishing facilities, and other support structures on, over, or adjacent to navigable bodies of water. Water -Enhanced Use means a use that is not water -dependent or water -related uses but benefits economically or aesthetically by its location adjacent to or on the waterfront. The term includes dock side bars, restaurants, hotels, motels, and residential uses. Water -Related Use means an activity not dependent on direct access to water in order to conduct its primary purpose, but which provides goods or services directly related to water -dependent uses, e.g., marine supplies, boat dealers, boat maintenance and repair. Wetlands means those areas that are inundated or saturated by surface water or groundwater at a frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce, or persist in aquatic environments or anaerobic soil conditions. (Florida Keys wetlands include freshwater marsh, salt marsh, buttonwood, salt ponds, freshwater lenses, mangroves, and some areas of tropical hardwood hammocks and inelands . Wetland Boundary means the landward extent of wetlands dominated by plant species, soils and other hydrologic evidence indicative of regular and periodic inundation or saturation. Glossary 24 Keith and Schnars, P.A. Comprehensive Plan: Mar 2014 Comment Response Form Glossary- Draft Comprehensive Plan Amendments—Comment Responses Commenter: Mayte Santamaria,Monroe County via email:Thu 11/8/2012 6:46 PM lxicatioh Cointneht k&s liespbhse • Various edits and additions by staff Accepted.Changes made. Staff deleted several definitions which are not in the Comp Deletions made;does staff wish to reconsider any of these deletions that Plan but are in the Technical Document. appear in the Tech. Doc? Revise"Agriculture"definition to match Fla.Statutes Revised to reflect F.S.definition. Revised "adjusted"to match on that used in the CP Revised to"adjusted household income" Create new: "Administrative Relief" "Beneficial Use" "Building" "Community Character" "Sustainable Building Rating or National Model Green Building Code" "Conditional Use" "Contiguous" Done. "Density" "Recreation and Working Waterfronts" "Utility" "Beach":Steve Williams noted concern THAT THE Noted. K&S staff will be reviewing for potential changes. SUPREME COURT MAY HAVE DEFINED"BEACH" IN THE "Stop the Beach Renourishment v. Florida Department of Environmental Protection"CASE. IF SO,WE MAY NEED TO USE THAT DEFINITION. 1 Draft Comprehensive Plan Amendments Comment Response Form Date:2-26-14 Commenter: DRC Review Meeting Friday,February 15,2013 Lai afioli Cdhiiiieii# ..Aa ... _ ._. kge5{i�siioiise «. Create new: "Archaeological or Historical Site or Property" "Bird Rookery" "Community Character" "Buildable lots" "Detention" "Development Permit" "Dune" "Environmentally Sensitive Lands" "Expansion of Non-conforming Use" "Family" "Floating Structure" "Houseboat" "Immediate Vicinity Done. "Liveaboard" "Maintenance Dredging" "Marina" "Marine Education and Research Facility" "Nonconforming Structure" "Nonconforming Use" "Open Space" "Public Water Access" "Recreational and Commercial Working Waterfront" "Redevelopment" "Riprap" "Structure" "Vessel" Commenter: Monroe County Staff via Mayte Santamaria email:Tue 8/27/2013 6:41 PM locdtoli .<,., ,,.i Caintheht . � . ii. _.e. k�s�#es titise Various edits,additions and deletions of definitions Accepted. 2 Draft Comprehensive Plan Amendments Comment Response Form Date:2-26-14 Commenter: Planning Commission,Thursday,October 10,2013 No revisions offered. Commenter: Monroe County Staff, 10-24-13 Lbcatioh _. . Cohitriehi' k&S ltesucitise., Need LPA direction regarding the following (previously included): "Development" "Mean High Water Line" "Mean Low Water Line" "Structure" New definitions: "Transit Facility"(need direction on alternative) "Vessel" 3 Draft Comprehensive Plan Amendments Comment Response Form Date:2-26-14 Everglades 'arc"',"" "" Law Center, Inc. Monroe County Board of County Commissioners Defending Florida's Ecosystems 1100 Simonton St. and Communities Key West FL 33040 ,Aww.evergladeslaw.org Southern Everglades and Dear Board of County Commissioners, Florida Kevs Office On behalf of Last Stand and the Florida Keys Environmental Fund, 1172 S. Dixie Hwy, #246 Coral Gables, FL 33146 we submit the following comments on the Conservation and Coastal Phone: 305-867-9338 Management Element of the Monroe County Comprehensive Plan Update. We have identified several minor adjustments to this Element of the Plan that Board of Directors we believe will improve the document and better protect the environment and quality of life in Monroe County. Our goal is not to increase restrictions Richard Hamann Esq. or create new policies but to clarify and maintain historic protections by Robert Hartsell. Esq. making the minor adjustments proposed below. Joel A. Mintz Esq. Goal202: Water_Ouality Laurie Ann Macdonald David White, Esq. We fully support Goal 202, which commits the County to maintain and where possible improve and restore "[t]he environmental quality of Executive Director Monroe County's estuaries, nearshore waters (canals, harbors, bays, lakes and tidal streams,) and associated marine resources." We believe adding a Sara Fain Esq. to explicitly reflect the general intent of this goal and recognize the General Counsel policy value of water quality to the County would strengthen the section. There are water quality aspects to the previous Comprehensive Plan that are removed Jason Totoiu, Esq. from this Plan because the work was completed or implemented. The Senior Staff Counsel County's ability to engage in and support activities to maintain and improve water quality continues to be of value. We recommend adding language to Lisa Interlandi, Esq. enable the County to support activities that will maintain and improve water Program .attorney quality. Julie Dick, Esq. We recommend the following addition: Policy 202.[insert numberl: Recognizing, the value of water quality and coastal habitat to recreation and the economy in Monroe County the County will engage in and support activities to maintain and improve water quality of the Florida Keys where feasible. GOAL 203: Marine Habitat and Resources The protection of marine resources is vital for the ecosystems and economy of Monroe County. We fully support the concepts of this section. The Everglades Law Center, Inc. is a tax- exempt Florida not -for -profit corporation pursuant to Section 50I (c)(3) of the Internal Revenue Code. However, hardbottom communities were left off the list of marine resources to protect, enhance and restore in this section. Hardbottom communities provide a home for sponges and seafans. They are important to the health of reef ecosystems and the entire marine ecosystem. Sponges that live in hardbottom communities serve as water filters and provide habitat for the early life stages of lobster, shrimp and small fish larvae. Below are recommendations for several points within this Goal where we recommend adding hardbottom communities to the lists of resources and habitat to be protected and, where possible restored and enhanced. Goal 203 The health and integrity of living marine resources and marine habitat, including mangroves, seagrasses, coral reefsardbottom communities and fisheries, shall be protected and, where possible, enhaftee4-restored and enhanced. [9J-5.012(3)(a); 9J- 5.013(2)(a)] [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.; §163.3177(6)d.2.j., F.S.] Objective 203.3 Monroe County shall continue to support state and federal agencies in development and implementation of management measures designed to protect coral reefs and other hardbottom communities located in the waters off the Florida Keys. [9J-5.012(3)(b)1; 9J- 5.013(2)(b)3 and 41 [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.] Policy 203.3.42 Monroe County shall continue to protect, preserve, and enhance the coral reefs and the hardbottom communities through its land development regulations which address water quality (See Conservation and Coastal Management Element Goal 202 and related objectives and policies), including efforts to: limit the location of water -dependent activities to locations that will not have a significant adverse impact on the offshore resources of hard coral bottoms and hardbottom communities; control and regulate land and water activities in the vicinity of coral and hardbottom communities as identified in the Florida Keys Coastal Management Study in an effort to arrest further deterioration; and 3. include the Key -strategies identified in the Florida Keys National Marine Sanctuary Revised Management Plan:, Saftevaw:y, Sanevdafy So (The fefflaindff of g4is page lefi intentional!)' blank-.) [§ 163.3177(6)d.2.d., F.S.; § 163.3177(6)d.2.e., F.S.; § 163.3177(6)d.2.f., F.S.] Policy 203.3.3 Monroe County shall support the objectives and action steps of the Florida Reef Resilience Program Climate Change Action Plan for the Florida Reef System. This includes the following actions identified in that Plan: Action 1 2 4 Protect species and habitats that are highly vulnerable to climate change (e.g corals hardbottom communities marine turtles mangroves etc.) from non -climate pressures (e direct damage from divers fishing gear, anchors or boats, beach nourishment coastal construction impacts, land -based sources of pollution). Action 1.2.6: Prohibit gny new dredging or other direct destruction of coral reefs and hardbottom communities. Action 1 3 3• Consider limiting certain kinds of development that are at risk from sea level rise. Action 1 4 4 Work through the proposed Florida Reef System Management Council (or other gppropriate venue) to revise regulations on coastal development and beach nourishment projects to minimize sedimentation storm water runoff, and other water quality impacts to the Florida reef system. Action 1.6.3: Work with local fishing,.boating and diving industries to promote minimum impact reef use activities (e appropriate fishing gear, catch -and- release fishintrip-rigged anchors and manual anchor placement in sand) and voluntary avoidance of bleached, diseased or otherwise stressed coral reefs. Action 2 2 2 Involve community members elected officials visitors and Florida diving, fishing and other maritime industries in climate change science and monitoring efforts on the Florida Reef System. Policy 203.4.75 Monroe County shall continue to support scientific studies e€regarding stresses on seagrass, and coral and marine ecosystems in the Florida Keys region. (See Policies 203.2.4. and 203.3.1) [9J-5.013(2)(c)6] [§ 163.3177(6)d.2.e., F.S.] Policy 203.4.3: Fisheries There are multiple individuals and entities in the Florida Keys with expertise on fisheries management. In limiting its consultation to the Florida Marine Fisheries Commission, the County unnecessarily restricts its access to vast resources, knowledge and expertise held by other entities and esteemed experts in the field. We recommend adding language to enable the County to consult with additional qualified advisors in this area. Policy 203.4.3 Monroe County shall periodically meet with the Florida Marine Fisheries Commission and other qualified advisors to assess measures which could be implemented by Monroe County to protect the fisheries of the Florida Keys. To the extent practicable, Monroe County shall take steps to implement such protection measures as may be identified through this cooperative effort. [9J-5.013(2)(c)6] [§ 163.3177(6)d.2.e., F.S.] Policy 203.5.53: Boater Education Boater education plays an important role in protecting marine ecosystems. We recommend that the coordinated efforts under this policy include the Florida Keys National Marine Sanctuary ("FKNMS"). The waters used by boaters in the Florida Keys are in the FKNMS and as such the FKNMS should be involved in the boater education program contemplated by in this Policy. We recommend the following addition: Policy 203.5.53 Monroe County shall support a boater education program in coordination with the Cooperative Extension Service, Florida Sea Grant, FDEP, axd-NOAA FKNMS and other aualified_informed advisors. develop and eeffffnenee implellwaWi0fi stfmegi . - Polio 205.1.1: Tier Map Criteria We continue to believe that it is important for the Commission to clarify the Plan's "4 acre" criteria for inclusion of natural areas in Tier I. The 2008 Final Order in the legal challenge to the initial tier maps (Final Order DCA07-GM166) (See discussion at Page 8 of 14 of the attached Final Order) explains that it would be arbitrary for the county to have set a 4 acre minimum threshold for inclusion into Tier 1, but that the Plan's "4 acre" policy is best interpreted to mean that everything 4 acres or more must be Tier I, but natural areas of less than 4 acres could still qualify. As we understand it, that is the basis for County staff s current reluctance to suggest making any changes to the existing language, and staff is technically correct. Nevertheless, we feel strongly that a simple change to the policy to make this interpretation clear can go a long way to avoiding confusion and even litigation in the future. As noted within the cited discussion in the final order, a prior County Commission interpreted that same language as a size threshold, which precluded the inclusion of smaller parcels. That prior Commission, as discussed in the Final Order, insisted that the language reflected a conscious 4 policy decision to exclude parcels that were not large than four acres. This is why we feel strongly that, unless clarified, future commissions, staff, and other parties could do so also. This same situation exists relative to the "one —acre" policy relative to Special Protection Areas, which are addressed in paragraph 84 of the attached Recommended Order and pages 9 and 10 of the attached final order. We strongly recommend that the Commission amend the relevant language to remove any ambiguity and clearly implement the rulings in the final order, as well as the interpretations that have resulted in the current Tier Maps. Also, to address any concerns that any changes to the policy language could be seen as calling into question any existing tier designations, we would suggest adding a footnote to negate such an interpretation or intent. As such, we recommend the following minor change: Policy 205.1.1 The County shall establish the following criteria at a minimum to use when designating Tiers: =. [163.31771Wd,'.d.. F.S.: §163 3177(6yd.2.h., F.S.) 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. § Natural areas including old and new growth upland native vegetated areas of 4 acres or less with habitat values that have not been severely compromised by fragmentation, surrounding development or infrastructure, or other impacts'. § 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. This policy is intended to reflect the criteria used by the county to adopt the Tier Maps existing on the date of adoption. (fill in date) and to govern any subsequent amendments or applications to amend the tier maps in the future, but shall not be construed or applied to require an amendment to any tier designation existing as of the date of adoption [fill in datel. 5 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. 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 and smaller natural areas with habitat values that have not been severely compromised by fragmentation, surrounding development or infrastructure or other impacts may'`, be designated as Special Protection Areas. Policy 206 1 2• Development of Offshore Islands This Policy should be adjusted to appropriately protect the value of offshore islands. The requirement that lands protected under this policy have "significant upland habitat" is arbitrary and will not be sufficiently protective of offshore islands and the wildlife that occupies many of the offshore islands. For example, some species, like the threatened Roseate Tern, prefer barren habitat. Offshore islands may serve as habitat for multiple species, including imperiled, threatened and endangered species, whose use does not fit into the significant upland habitat category as it is defined in the plan. Offshore islands are vulnerable to storms and are the most difficult to evacuate. In order to appropriately protect all of the values of offshore islands, including evacuation demands, the absence of regular shallow area boating impacts, the value these islands provide to turtles and birds, as well as storm surge protection, this policy should be amended as follows: Policy W206.1.2 ' This policy is intended to reflect the criteria used by the county to adopt the Tier Maps existing on the date of adoption [fill in date] and to govern any subsequent amendments or applications to amend the tier maps in the future but shall not beconstrued or applied to require an amendment to any tier designation existing as of the date of adoption, (fill in date] N. <PC recommended further discouraging development on offshore islands with no prior development> Development shall be prohibited on offshore islands (including spoil islands) which have been documented as an established bird rookery, based on resource agency best available data or survey, as identified d- Monroe County shall discourage the development of offshore islands (including spoils islands) which have no prior development by prohibiting the extension of public facilities and designating the offshore islands as Tier I." Polio 205.2.6 Clearing of Native Habitat There are unique considerations for clearing of native habitat in Big Pine Key and No Name Key because of the protected species that live on those islands. The policy should be consistent with clearing provisions in other rules, permits and plans developed to protect imperiled species and their habitat on Big Pine and No Name Keys. The Habitat Conservation Plan (HCP) for Big Pine and No Name Keys was developed based on years of scientific study and extensive public input. To the extent this policy is inconsistent with the HCP it may open the door to litigation related to the endangered species protected by the HCP. This policy should be amended as follows: Policy 205.2.6 The allowable amount of permitted clearing of native upland vegetation communities shall be defined by habitat and the location of the property in the tier overlay district maps. Clearing of upland native vegetation communities in the Tiers 1, Il, and III -A (SPA) shall be limited for the portion of the property containing upland native vegetation in accordance with Policy 101.45.2227. [§ 163.3177(6)d.2.d., F.S.I. Clearing of lands on Big Pine Key and No Name Key desi ng ated as Tier I, II or II shall be in accordance with the Habitat Conservation Plan and Incidental Take Permit for those two islands. Clearing of native habitat on Big Pine Key and No Name Key will be limited to parcels to be developed for residential use or for local road widening. The total amount of clearing over the 20_year life of the Habitat Conservation Plan will be limited to no more than 7 acres. No clearing of native habitat, other than that necessary and authorized for new residential development local road widening or fire breaks to protect residential areas will be allowed All other development will occur on disturbed lands. Clearing. of pinelands and/or hammock will not be permitted for commercial development activities. Policy 202.2.3 (relocated Existing Policy 202.11.3) Mosquito Control We support the development and implementation of a mosquito control plan that will minimize the impact to marine resources and human health. However, this policy should commit to the use of best management practices for mosquito control for the protection of human health and the environment, including land and marine resources. The mosquito control policy should consider the impacts mosquito spraying has on imperiled, endangered and threatened species. There are federally listed endangered species in 7 the Florida Keys that are impacted by mosquito spraying, including the Miami blue butterfly and the Schauss swallowtail butterfly. The US Fish and Wildlife Service ("USFWS") is evaluating for listing and critical habitat the Bartram's scrub hairstreak and the Florida leafwing butterflies. The most recently publicized Mosquito Management Plan Environmental Assessment draft by USFWS recommends the alternative that would make the proposed critical habitat for Bartram's scrub hairstreak and the Florida leafwing butterflies, and a buffer zone around it, a no spray zone. Established refuge areas for imperiled species and buffer zones around those areas should apply a larvicide only, no spray, approach to mosquito control. Mosquito management that focuses on habitat management and controlling mosquitos at the larval stage can effectively reduce, and in some cases eliminate, the need for widespread adulticide spraying for mosquitos and is widely accepted as a best practice. The policy should be amended as follows: Policy 202.2.3 (Relocated Existing Policy 202.11.3) Mosquito Control Ulgil akefnafives eon be identified, Monroe County, in coordination with the Monroe County Mosquito Control Board, U.S. Fish & Wildlife Service and the Lower Florida Keys Wildlife Refuge Complex shall develop and implement a plan for spFaytftgmos uito cience to minimize the impact on marine resources, control, which will follow the best s natural resources on land, and human health by optimizing the use of habitat management and targeted application of larvicide controls. When spraying is necessary, it will avoiding marine waters, impacts to non -target species, particularly those species which are threatened or endangered, and the property of owners who have requested no spray. Conclusion Thank you for this opportunity to comment on the amendments to the Conservation and Coastal Management Element. Overall, these reflect sound public policy, and we respectfully submit to the Commission our above comments to be considered. We greatly appreciate your consideration of these comments. r Cc: Mr. Roman Gastesi Ms. Connie Cyr 11 Title XXVIII Chapter 380 NATURAL RESOURCES; CONSERVATION, LAND AND WATER RECLAMATION, AND USE MANAGEMENT 380.04 Definition of development.— (1) The term "development" means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels. (2) The following activities or uses shall be taken for the purposes of this chapter to involve "development," as defined in this section: (a) A reconstruction, alteration of the size, or material change in the external appearance of a structure on land. (b) A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land. (c) Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal construction" as defined in s. 161.021. (d) Commencement of drilling,'except to obtain soil samples, mining, or excavation on a parcel of land. (e) Demolition of a structure. (f) Clearing of land as an adjunct of construction. (g) Deposit of refuse, solid or liquid waste, or fill on a parcel of land. (3) The following operations or uses shall not be taken for the purpose of this chapter to involve "development" as defined in this section: (a) Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way. (b) Work by any utility and other persons engaged in the distribution or transmission of gas, electricity, or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights -of -way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like. This provision conveys no property interest and does not eliminate any applicable notice requirements to affected land owners. (c) Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure. (d) The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling. (e) The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural purposes. (f) A change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class. (g) A change in the ownership or form of ownership of any parcel or structure. (h) The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land. (4) "Development," as designated in an ordinance, rule, or development permit includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, "development" refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of subsection Title XI Chapter 163 COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL RELATIONS PROGRAMS 163.3221- Florida Local Government Development Agreement Act; definitions. —As used in ss. 163.3220-163.3243: (1) "Brownfield designation" means a resolution adopted by a local government pursuant to the Brownfields Redevelopment Act, ss. 376.77-376.85. (2) "Comprehensive plan" means a plan adopted pursuant to the Community Planning Act. (3) "Developer" means any person, including a governmental agency, undertaking any development. (4) "Development" means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels. (a) The following activities or uses shall be taken for the purposes of this act to involve "development": 1. A reconstruction, alteration of the size, or material change in the external appearance of a structure on land. 2. A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land. 3. Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal construction" as defined in s. 161.021. 4. Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land. 5. Demolition of a structure. 6. Clearing of land as an adjunct of construction. 7. Deposit of refuse, solid or liquid waste, or fill on a parcel of land. (b) The following operations or uses shall not be taken for the purpose of this act to involve "development': 1. Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way. 2. Work by any utility and other persons engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights -of -way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like. 3. Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure. 4. The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling. 5. The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural purposes. 6. A change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class. 7. A change in the ownership or form of ownership of any parcel or structure. 8. The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land. (c) "Development," as designated in an ordinance, rule, or development permit A05 G-70a �Q ,fL.OR1DA �rcA� t z e di WAF A `VW!,7rr%4 r 'f,..' `{i`..' Y4+r1..•. `•r 41 rear KEY DEER PROTECTION ALLIANCE, INC. P.O. Box 430224 Big Pine Key, Florida 33043-0224 Monroe County Board of County Commission Special Comprehensive Land Use Plan Meeting March 21, 2014 -- Marathon, Florida Dear Mayor Murphy and Fellow Monroe County Commissioners: The Key Deer Protection Alliance, Inc. has been involved in local land use planning since its inception in 1989. We thank you for the opportunity to provide you input on this working Draft of the Year 2030 Comprehensive Land Use Plan. We thank the Consultants, Keith & Schnars, and members of staff who have been involved in producing our new Land Use Plan. It has been a herculean task well done! We have only three suggested minor amendments to the Conservation and Coastal Management Element of the Working Draft that is before you today. In two of the three instances, we are asking to have the language referred to in policies, on clearing and speeding, included in the document itself. In the third instance, we are asking that one objective and three policies regarding Key deer and free -roaming dogs remain in the new Comprehensive Land Use Plan. Our proposed language is highlighted in yellow. 1. Policy 205.2.6: Clearing of Native Habitat (Page 51)(Attached) The clearing rules for Big Pine Key and No Name Key are different from elsewhere in the Keys. Clearing of lands on Big Pine Key and No Name Key designated as Tier I, II or III are in accordance with the Incidental Take Permit (ITP) and Habitat Conservation Plan (HCP) for Florida Key Deer and Other Protected Species on Big Pine Key and No Name Key. These separate and distinct rules on clearing should be stated in the Comp Plan document. The policy should be amended as follows to include the actual language of the ITP. Policy 205.2.6 The allowable amount of permitted clearing of native upland vegetation communities shall be defined by habitat and the location of the property in the tier overlay district maps. Clearing of upland native vegetation communities in the Tiers I, II, and III -A SPA shall be limited for the portion of the property containing upland native vegetation in accordance with Policy iol.45.2g27. N163.31776d.2.d., F.S.] Clearing of lands on Big Pine Key and No Name Key designated as Tier I, II, or II shall be in accordance with the Habitat Conservation Plan and Incidental Take Permit for those two islands. Clearing of native habitat on Big Pine Key and No Name Key will be limited to parcels to be developed for residential use or for local road widening. The total amount of clearing over the 20-year life of the Habitat Conservation Plan will be limited to no more than 7 acres. No clearing of native habitat, other than that necessary and authorized for new residential development, local road widening, or fire breaks to protect residential areas will be allowed. All other development will occur on disturbed lands. Clearing of pinelands and/or hammock will not be permitted for commercial development activities. 2.Objective 207.3: Key Deer & Free -roaming Domestic Pets (Page 66) (Attached) Free -roaming dogs continue to impact the long-term survival of the federally listed endangered Key deer. They cause deaths through drowning, entanglement and direct attacks. Free -roaming dogs continue to be a problem on Big Pine and No Name Key in particular and merit mention in the Comp Plan. As it stands, the following objective and three policies are slated to be eliminated from the Comp Plan. We would like them to remain. The following Objective and three Policies, as amended, should remain in the Comp Plan. Ob-ective 207.3 Monroe County shall protect native wildlife species, especially state- and federally - designated species, from disturbance and predation by free -roaming domestic pets, particularly cats and dogs. L9J-5.012(3)(b)1; 9J-5.013(2)(b)6] Policy 207.3.1 Big Pine and No Name Keys shall be high priority areas for controlling free - roaming dogs. In addition, by jftfttmFY 4, i998,.Tthe County Biologist shall identify other areas within the County where priority should be placed in enforcing animal control laws so as to protect native wildlife populations. [9J- 5.012(3)(c)1; 0-5.013(2)(05 and 61 Policy 2073—.2 The County Biologist shall meet periodically with the Monroe County Animal Control Department agencies to review priorities for animal control (as identified pursuant to Policy 207.3.1). [9J-5.012(3)(01; 9J-5.013(2)(c)5 and 6] Policy 207.3.3 By jeffluafY i998, Tthe Monroe County Animal Control Dent agencies shall develop and begin implementation of an Animal Control Plan. This plan shall address long-term staffing and facility needs within the Upper, Middle and Lower Keys for protecting residents and native wildlife populations from the hazards of free -roaming domestic pets. 19J-5.012(3)(c)1; 9J-5.013(2)(c)5 and 6] 3. Policy 2o6.5: Key Deer and Enforcement of Speed Limits (Page 71) (Attached) Key deer are present on Sugarloaf Key. Additionally, in the interest of clarity, it would be helpful if Policy 206.5 include the actual language from the Incidental Take Permit (ITP) for Florida Key Deer and Other Protected Species on Big Pine Key and No Name Key -2- regarding Key deer, speeding and vehicular collisions. In 2013, 127 Key deer were struck and killed by vehicles. And, 16 of the 127 were not on either Big Pine Key or No Name Key when they were killed. The policy should be amended as follows to include Sugarloaf Key and the ITP language. Policy 206.5 On an ongoing basis, Monroe County shall strictly enforce speed limits on roads on Big Pine, No Name, Big Torch, Middle Torch, Cudjoe, Summerland Keys and Sugarloaf r,. T 5.oie(s4 (e4 -; „ r ei3(e4(e45 an 6] Speed limits, traffic calming devices and other measures shall be applied to lower the probability of vehicular collisions with Key deer and Lower Keys marsh rabbits on County roads. Thank you for your interest in the Alliance's concerns. Sincerely, � e z�- -� Alicia Roemmele-Putney, Corresponding Secretary Attachments: Attachment A: Pages 51, 66, and 71 of the Monroe County Comprehensive Plan Update (Working Document), Conservation and Coastal Management, Keith & Schnars, P.A., Comprehensive Plan: December 2013. -3- wachrnm� A. A9 6 t r Monroe Count Plan 6. Pinelands 7. High Hammock 8. Low hammock 9. Disturbed beachiberm-, 10. Disturbed with freshwater wetlands; 11 Disturbed with salt marsh and/or buttonwood association wetlands• 12. Disturbed with slash pines; 13. Disturbed with high hammock; 14. Disturbed with low hammock; 15. Disturbed; and 16. Disturbed with exotics. Policy 205.2.4 Bulk regulations and development standards shall be reviewed and revised so as to allow greater flexibility for clustering. Policy 205.2.5 Existing Conditions Reports shall include identification of measures for protecting native upland vegetation Goal 218 and related objeetives end pelieie&). Successful implementation of these measures shall be required as a condition of issuance of a certificate of occupancy. {9j 5.013(2)(e)3 [§ 163.3177(6)d.2.d.] Policy 205.2.6- The allowable amount of permitted clearing of native upland vegetation communities shall be defined by habitat and the location of the property in the tier overlay district maps._ Clearing of upland native vegetation communities in the Tiers I, II, and III -A SPA shall be limited for the portion of the property containing upland native vegetation in accordance with Policy 101.45.2-227. I& 163.3177(6)d.2.d., F.S.I Policy 205.2.7 Clearing of native vegetation shall be limited to the percentage and maximum allowed in Policy 101.45.2227. For applications that receive points for lot aggregation under the Permit Allocation System for residential development, clearing of upland native vegetation shall be limited to a maximum of 7,500 square feet, or as specified in Policy 101.45.2227. The immediate development area shall include the area of approved clearing shown on the approved site plan. The immediate development area shall be fenced throughout the duration of construction. During construction, there shall be no disturbances of the ground surface and vegetation within areas of native upland vegetation not approved for clearing. [9j c n13(2)( )Mjf§163.3177(6)d.2.d., F.S.I Conservation and Coastal Management 51 Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 - fi-ffa C I, rm�r A &JV, 2 Y. a Monroe County Comprehensive Plan Update -, • • ....... Rr Rif • Well S Conservation and Coastal Management Keith and Schnars, P.A. Comprehensive Plan: Dec 2013 C'17rnP� /� 3- Monroe County Comprehensive Plan Update FM N rMWIM . • • aMWAII Policy 207.7:86.4.3 By januafy 4, 1998, the County Bielegist shall designme Key deer- habitat en Big Pine Key,— and No Name Key, shall be high priority areas for enforcement of animal control laws, 207.3. 1). Adequate staff shall be pr-evided eA the animal shelter- en Big Pine Key tanimaleentr-el laws (-detefmined pufsuant to D hey 207.3.3). [9j T37C�9 C27()5and4 Policy 20-7206.7.124_4 Monroe County shall continue to meet with the FWS to determine measures which can be taken by the County to support the FWS in enforcing existing no feeding laws pertaining to the Key deer. {93-5.012(3)(e)!; nT c ni 3(2)(e)c and 61 Policy 247206.7.134.5 On an ongoing basis, Monroe County shall strictly enforce speed limits on roads on Big Pine, No Name, Big Torch, Middle Torch-an4, Cudjoe and Summerland Keys. ; ••� • • • • Fe To •Nor <The Remainder of This Pate Intentionally Left Blank> Conservation and Coastal Management Keith and Schnars, P.A. Comprehensive Plan: Dec 2013