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07/23/2014 Agenda AGENDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Any person who wishes to be heard shall provide the Clerk with his or her name and residence and the agenda item on which he or she wishes to be heard. Such information shall be on a card provided by the County. Once public input begins, there will be no further speaker cards allowed to be submitted to the Clerk for that subject. An individual has three minutes and a person representing an organization has five minutes to address the Board (except that individuals wishing to speak during public hearings pertaining to land use issues will have five minutes). The first person representing the organization will be allowed the five minutes. Subsequently, all other speakers on behalf of that organization have three minutes to address the Board. Once an individual has addressed the Board, he or she will not be permitted to return to the podium for follow -up comments, unless the issue involved is quasi judicial in nature. In that case, the applicant may return to the podium to conclude his or her position at the end of the public hearing. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292 -4441, between the. hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711 ". Please note that all time approximate items are listed in bold. Wednesday, July 23, 2014 Marathon Government Center 2798 Overseas Highway, MM 47.5 (Gulf) Marathon, Florida TIME APPROXIMATE SPECIAL MEETING 10:00 A.M. "CALL TO ORDER "SALUTE TO FLAG IA. ADDITIONS, CORRECTIONS, DELETIONS - n avi 10:00 P.M. \I B. PUBLIC HEARING 1. A special public hearing to consider a resolution transmitting to the State Land Planning Agency an ordinance by the Monroe County Board of County Commissioners adopting the Monroe County Year 2030 Comprehensive Plan. (Legislative Proceeding). http: / /keyscompnlan. com/ facts - information - resources /comprehensive- plan- documents/ 1 • BOCC Special Transmittal Meeting July 23, 2014 Monroe County Comprehensive Plan Update Summary of changes from the March, April as May BOCC meetings: 1.0 and 2.0 Introduction and Background iChanged US Highway 1 length to 112 miles. JAdded a statement about unique environmental challenges, susceptibility to storm and rising waters. ' 3 Added summary of conclusions of FL Keys Carrying Capacity Study 3.1 Future Land Use Element ‘/Policy 101.1.5 - (concurrency) staff recommended change to be consistent with FL Statute a` (re: proportionate share contribution of the costs for the necessary transportation facilities) . //• Policy 101.2.2 - (ROGO) - amended to include: "...The County will may alternatively adopt a slower rate of annual allocations to extend the allocation timeframe to 2034 without exceeding the total of 1,970 allocations (see Policy 101.3.2). The County shall re- evaluate the annual ROGO allocation rate based on: 1) statutory changes for hurricane evacuation clearance time requirement standards, 2) new hurricane evacuation modeling by the State Land Planning Agency and Division of Emergency Management, and 3) a new or revised memorandum of understanding with the State Land Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony Beach, and Layton (see Policy 101.2.1)." psi jG „ye A cr ✓Policy 101.3.1 - (ROGO) - maintained recommendation on vessels /wetslips (not equivalent to ROGOs) 0 Staff recommended change to clarify ROGO does not apply to the "future development in the Ocean Reef planned developed based upon the December 2010 Ocean Reef Club Vested Development Rights recognized and issued by the Department of Community Affairs." ✓Policy 101.3.2 - (ROGO) - Maintained 20yr ROGO timeframe and adjusted table to maintain an overall 710 AFH allocations and provide 71 AFH units for first 4 years and adjust remaining 16 years. Added: "Monroe County will request a Rule change from the Administration Commission to authorize the above allocation timeframe and rate." "Policy 101.3.7 & 101.3.8 - amended to include 1 RV for capital improvement projects and \ 0\ to separate /clarify the various temporary housing. Reorganized to separate emergency and non - emergency. 3.5S "Policy 101.5.5 - deleted "density" " Policy 101.5.6 - (Mixed Use /Commercial (MC) future land use category) removed PC ab\ recommendations on items #1, 2, and 3. Maintained PC recommendation on #6 Page 1 of 10 (preservation of a public access walkway, and a public access boat launch if one already exists) . Developed and added additional potential incentives for protecting /preserving of working waterfronts. `"Policy 101.5.19 - Staff recommended change to clarify uses with the Airport District. vPolicy 101.5.24 - (density & intensity table) - maintained note that vessels, including live - aboard vessels, or associated wet slips are not considered dwelling units and do not 3\ count when calculating density. Staff recommended change to clarify that `buildable acres' for max net density is the upland portion of a parcel that is not required open space. "Policy 101.5.26 - (discouragement) - deleted "nonresidential intensity" throughout policy & added provision that `Under this policy, no net increase in residential density will be 35� permitted.' Also, added `IS lot(s) can be dedicated to Monroe County for the retirement of development rights.' ptwo' Lip ea, K---1 "Policy 101.5.30 - (height) - maintained provision on wind turbines and added provision ‘ ,,10L for non - habitable architectural decorative features above the roof line, not exceeding 5 feet above the roofline. ratzt 'J' 4 Policy 101.6.2 - (Tier 1 allocation for BPK /NNK) - changed "pursuant to" to "subject to." Staff recommended change to allow no more than one (1) Tier 1 allocation every 2 years and that `until the ITP, HCP, Biological Opinion, and LCP are amended, a property \ owner attempting to develop his property may be granted an allocation through the ROGO process that may be used once that property owner obtains all required permits and authorizations required under the Endangered Species Act and other applicable federal and state laws.' 1 Policy 101.6.4 - (ROGO pts) - maintained recommendation to keep lot aggregations - in the land dedication section added "tier III for the retirement of development rights" & added a point category for tier III parcels (non - platted) - increased negative points for V zone to -6 ( -6 V ZONE; -4 CBRS) ,l - removed tier 1 as basis for calculating land acquisition point value - added +1 for installing permanent concrete cistern - added +1 for installing a gray water reuse system - consistent with FL Building Code 4 Policy 101.6.5 (NROGO pts) - - in the land dedication section added "tier III for the retirement of development rights" & added a point category for tier III parcels (non - platted) - increased negative points for V zone to -6 ( -6 V ZONE; -4 CBRS) - removed tier 1 as basis for calculating land acquisition point value - added +1 for installing permanent concrete cistern - added +1 for installing a gray water reuse system - consistent with FL Building Code `/Policy 101.7.1 (admin relief) - Staff recommended change to Tier II .. "Policy 101.10.3 - added subsequent stormwater master plan update AV tr. Policy 101.13.3 - (TDR) - added #7 "is not an offshore island" Page 2 of 10 Objective 101.15 - maintained provisions about signage: Objective 101.15 ✓ Monroe County shall enforce and maintain update the existing Sign regulations q Ordinance in order to maintain and improve the visual character of the County and protect adjacent land uses. ✓ Policy 101.15.1 By January 1, 1998, Monroe County shall continue complete an evaluation of the existing Sign Ordinance and adopt revisions to the Land Development Regulations required to correct identified deficiencies, and eliminate illegal signage, and eliminate non - conforming signs, if damaged more than fifty percent of the pre - destruction market value of the sign signage condition°. ,Policy 102.4.2 - (land acquisition priorities) - added notation about upcoming newly ik11 listed species J Policy 102.4.6 - added: Monroe County shall: "in cooperation with the land authority" create a program to provide a monetary incentive to private property owners to deed 0 restrict their privately -owned adjacent, vacant parcels to restrict residential development on the vacant parcels. "Policy 102.6.1 - (regulations for offshore islands) - added "county" to #6: "6. County public facilities and services shall not be extended to undeveloped offshore 0 islands. The extension of public facilities shall be required to comply with Policy \O 101.11.2" vPolicy 102.7.2 - (CBRS) - added "replacement" "Monroe County shall not create new access via new bridges, new causeways, new paved roads or new commercial marinas to or on units of the CBRS. This does not \0 preclude the maintenance and repair and replacement of existing bridges, causeways, paved roads and lawful commercial marinas." 'Policy 102.7.5 - (CBRS) - added "undeveloped" "Monroe County shall discourage the extension of public facilities and services provided \\ by the FKAA and private providers of electricity and telephone service to undeveloped CBRS units by providing each of the utility providers with..." vPolicy 105.1.1 - amended to 3 years to develop an Economic Sustainability Element, \v e\ which focuses upon and promotes redevelopment, considers the increasing cost of climate adaptation and the protection of property. Deleted Policy 105.2.7 (updating land acquisition master plan every 5 years) V Policy 105.2.9 - deleted specifics regarding land acquisition funding options: "By May 2015, the County shall explore additional funding sources for land acquisition \� acquisition funding, based upon the progress toward completing the construction of central wastewater facilities and establishing a dependent taxing authority for land acquisition funding. Monroe County is only committed or financially obligated to the extent that local, state, and federal funds are available." Page 3 of 10 • J Policy 108.1.6 - (MIAI) - Staff recommended change to clarify that Navy issued a Record of Decision on October 31, 2013, for the Final Environmental Impact Statement (EIS) for Naval Air Station Key West Airfield Operations. 3.2 Conservation and Coastal Management Policy 202.1.3 - (canals) - added "Recognizing impaired water quality in many canal systems in the Florida Keys..." Policy 202.2.2 - (canals) - amended to encourage public behavior through educational v x programs on reducing the amount of fish and lobster cleaning offal that is discharged into canals. "Policy 202.4.3 and 202.4.4 - (dredging) - added a provision that allows impact to areas vegetated with seagrass beds or characterized by hardbottom communities at the entrance (mouth) of a canal, if that canal was previously dredged, and if resources are mitigated. v ✓Policy 203.1.2 - Eliminated mangrove trimming policy to be consistent with FL Statutes. I. Policy 203.2.1 - (mooring) - added provision that "if there is an overriding public interest or benefit. Applicants for mooring fields shall provide data and analysis demonstrating V � environmental, social, and economic benefits which would accrue to the public at large as a result of a proposed facility" - shall not be prohibited of locating mooring sites over submerged land which is vegetated with seagrasses or characterized by a hard- bottom community. pziJ17 i/ic Jpca/etr ✓ Policy 203.2.3 - Staff recommended change to add: "prohibit maintenance dredging V % within areas vegetated with seagrass beds except for maintenance dredging in public navigation channels and as provided in Policy 202.4.3 for canals" . Objective 203.3, Policy 203.3.2 and 203.3.3 - Added `protection of hardbottom 30 communities' - pat) L(G dpeeli er Policy 203.4.2 - (mini - lobster season) - Staff recommended change to not include: to postpone the Spiny Lobster Sport Season or the additional licensing fee for nonresidents 3� for the Spiny Lobster Sport Season. The five Tourist Development Council District Advisory Committees, Chambers of Commerce and the Florida Keys 86 Key West Lodging Association provided data on economic impact of mini - lobster season, as follows: County's economy in general and mini - lobster season specifically provides an economic boost at a time when the Keys are at one of the slowest points of the year. A study conducted by NOAA in 2001 on the economic impact of recreational lobster fishery on Monroe County, concluded the economic impact of mini - season was $6.955 million in output/ sales to Monroe County, and the impact of the regular season was $19.492 million; for a total of $26.447 million. Tourists accounted for 95% of the total output /sales, with the remainder contributed by participating residents. Factoring in inflation alone (utilizing the Bureau of Labor Statistics inflation calculator), the value in 2014 dollars of mini - lobster season would be over $9 million and the regular season nearly $26 million; for a total of $35 million at the same participation level... C`hri✓ti�' -e trail arc iF tklc 'we'd fib rira - ar,ft �t /ruff Page 4 of 10 road nitt.4 c it n knnounCG Ment Tn P <o/�Gt pur tvrt fitment a_ poticynct/Y1hr(COl'r {(t pot, E -#) In conclusion, given the high economic impact of recreational lobster fishery in Monroe County, we feel it's prudent at this time to keep existing policy intact for now. "Policy 203.4.3 - added "...shall periodically meet with the Florida Marine Fisheries Commission, state and federal agencies, and research organizations to assess..." ./Policy 203.5.3 - added "FDEP, FWC, FKNMS, state and federal agencies, and research IP organizations..." ."Policy 205.2.6- (clearing for BPK /NNK) - added clearing provisions from the HCP, ITP, \ and LCP. J7LW LIC (Pp(LL/e JPolicy 206.1.2 - Changed "prohibiting," to "discouraging the extension of public facilities ■0 and designating the offshore islands as Tier I" Policy 206.1.5 - added an additional policy regarding the newly designated endangered ,`k species that are not included in the USFWS April 30, 2010 Biological Opinion, and /or are not included in the species addressed under the Permit Referral Process. 1 J Objective 206.3 8, Policy 206.3.1 - maintained text regarding free - roaming domestic pets, V particularly cats and dogs, on BPK /NNK pub Lj , t f p ci i r ^� Objective 206.5; 206.6; 206.8; 206.9; 206.10 and 206.11 - Added: "...the destruction of, and work toward the recovery of,..." Policy 206.5.5 - Added language from the ITP regarding speed limits, traffic calming, and O' other measures. Policy 208.1.2 - (CBRS) - added discourage new private development on undeveloped GD CBRS units. Policy 212.1.1 - Staff recommended change to `5 years' to complete the Shoreline Use Priorities Plan Objective 212.3 - (marina siting) - Staff recommended change to add: "Marina facility development and redevelopment shall be consistent with the marine resource constraints, be located in areas where maximum physical advantages exist and where no • V IA unreasonable or excessive impacts are foreseen on natural resources and other significant resource." Dick Ogburn coming 85 presenting data - CH wants him to go 1st Policy 212.3.2 - (marina siting) - Deleted provisions on need provision (90% 85 5 mile ot radius) - as directed by BOCC and legal advised. Dick Ogburn coming 86 presenting data. - CH wants him to go 1st • Policy 212.4.5 - (mooring) - added provision that "if there is an overriding public interest or benefit. Applicants for mooring fields shall provide data and analysis demonstrating \ \ ri ) environmental, social, and economic benefits which would accrue to the public at large as a result of a proposed facility" - shall not be prohibited of locating mooring sites over submerged land which is vegetated with seagrasses or characterized by a hard- bottom community. p G-k7Li fi 1p( a Kt.- Page 5 of 10 t Policy 212.4.7 - (mooring) - Added: /TLLb G(C Sp Pa-I 2. Mooring design criteria based on seagrass protection as permitted by FDEP; \ \'x 5. Current need for moorings and projected use. \ , y tp Goal 214 86 Objective 214.1 - Added "County" before "public expenditures." \ x\ Objective 216.4 - Added "County" before "public expenditures." Policy 216.4.2 - Added "public" before "facilities." Added an exception of expenditures for \X wastewater facilities. 3.3 Traffic Circulation - fr o pub L-i Jw PQ /ztU "r Policy 301.2.4 - Added "from gas taxes, and impact fees, and any other legally available sources to expedite local projects ..." 3.4 Mass Transit hd /.)b(, ic ✓PiQ/� -f`1 Policy 401.1.2 - Added language regarding encourage developers to provide bicycle racks 86 parking. Policy 401.3.1 - Added language about coordinating mass transit with Miami /Dade and 0( Homestead. 3.5 Ports, Aviation and Related Facilities - Policy 501.1.3 - amended as suggested by legal: Monroe County shall consider adopts g an ordinance regulating incompatible uses such as the \ operation of ultralights, balloons, parachutes, kites, banner towing, model airplanes and similar activities within the proximity of the public airports or private airstrips to the extent legally possible. b Policy 501.7.1 - Deleted policy. Policy 502.3.3 - Deleted the phrase, "at a depth consistent with coastal and Caribbean \X shipping vessels ". 3.6 Housing Goal 601 - Deleted "all current and future" residents \ • Objective 601.1 & Policy 601.1.2 - Deleted "and moderate ". • Policy 601.1.13 - -added new policy: "Monroe County shall maintain land development regulations on inclusionary housing and shall evaluate expanding the inclusionary housing requirements to include or address nonresidential and transient development and redevelopment based on specific data and analysis." Policy 601.3.1 - added "3. Dilapidated (Substandard): A housing unit in this category indicates that the unit can no longer provide safe and adequate shelter or is of inadequate original construction including being constructed below the minimum required elevation by FEMA or the County's Floodplain Regulations." Policy 601.3.3 - added: "and State and Federal Floodplain or Hazard Mitigation programs to facilitate increased private reinvestment in housing by providing information, technical Page 6 of 10 assistance in applications for federal and State funding, or provide local public funds for rehabilitation purposes." ,/ 3.7 Potable Water no pa bt i c spew IL/ I'f 4 Policy 701.5.7 - Added the word `safe" \ 0( "Monroe County shall permit and encourage rainwater capture for all non - potable uses and for safe household potable uses." 3.8 Solid Waste - a Pit t is J'p Z s4/ f ot Policy 801.3.1 - Deleted policy (solid waste task force) vc s' Policy 801.3.2 - Deleted policy (solid waste and resource recovery authority) •Objective 801.4 - amended to meet same goal as the statute: "Monroe County shall achieve a 75 percent diversion rate of the municipal solid waste stream by 2020. pit10/4G ✓ DC Ikt (T Policy 801.4.2 - amended to: Within 3 years the County will evaluate and consider the 'P development of a county -wide mandatory recycling program �( /� t C, fpPa , 1 Policy 801.4.5 - amended to: Monroe County shall strive to achieve continue to separate separation of at least 50 percent of its construction and demolition debris. Policy 801.7.2 - staff recommended change to include: "Monroe County shall continue to �\ promote waste reduction and recycling by the retail sector and hospitality industry by conducting recycling audits and Business Recycling Workshops." J 3.9 Sanitary Sewer -p sW U C sp(a -Izc ,/ No Changes 40/ . \\ Injection wells? • 3.10 Drainage - p u. b L-I G J'p ca -I'-L✓ Policy 1001.1.1 - added: "Water Quality /Quantity " and "All projects should be designed in accordance with the Florida Department of Transportation and South Florida Water Management District standards and taking into account Objections for climate change." Policy 1001.1.3 - amended to include: "Monroe County shall maintain, review and update, as necessary, the County's Stormwater Management regulations and Stormwater Master Plan." 1 Policy 1001.1.4 - changed timeframe to three (3) years to update stormwater management regulations Policy 1001.1.7 - Deleted policy (relevant language added to Policy 1001.1.1) Policy 1001.2.2 - amended to include: "Specific priority will be given to those existing 0( drainage problems which are determined to have the greatest adverse effect on 1) public health and safety; 2) groundwater and nearshore waters or areas designated as Outstanding Florida Waters; and 3) access." 3.11 Natural Groundwater Aquifer Recharge - K (r pc k - v- Policy 1101.2.1 - staff recommended change to include: "Monroe County shall coordinate ti with the Department of Health (DOH) to continue...." Page 7 of 10 3.12 Recreation and Open Space nU pti fW !-l- J'p( KCF Policy 1201.7.1 - staff recommended change to five (5) years to complete the Parks 86 \II Recreation Master Maintenance and Management Plan (MMP 3.13 Intergovernmental Coordination- no p [, (a-Kul Goal 1301 - Added "and providers of utility services" \t0 Policy 1301.6.10 - amended to include: undeveloped CBRS units p Policy 1301.8.2 - amended to include: "Monroe County shall evaluate and consider the ti development of a county -wide, mandatory recycling program..." Policy 1302.1.4 - amended to include: required community meetings and added "or development agreement" to first bullet point. Added bullets for: "The applicant shall pay the cost of the public V notice and advertising for the community meeting." and "This meeting shall be facilitated by a representative from the Monroe County Growth Management Division and the applicant shall be present at the meeting." 1302.1.5 - amended to include: required community meetings and "This meeting shall be V facilitated by a representative from the Monroe County Growth Management Division and the applicant shall be present at the meeting." Policy 1302.1.6 - added new Policy: "Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall adopt land development regulations requiring a private applicant submitting an application for an amendment to the text of the Land Development Code ti7 and /or Comprehensive Plan to participate in a concept meeting with the Planning and Environmental Resources Department. Private proposals to amend the text of the Land Development Code and /or Comprehensive Plan, shall also require a public meeting with the Board of County Commissioners whereby County staff will identify county -wide policy impacts, based upon the concept meeting, for the Board of County Commissioners in a written document. This initial public meeting will allow the public to have input. A private applicant shall pay the costs of the concept meeting and for the public notice and advertising required for the Board of County Commissioners meeting." 3.14 Capital Improvements -no ptWt & J pnce -e-Vf , Objective 1401.2 - added "county" before "public expenditures." Policy 1401.2.1 - added an exception for 'wastewater systems' as it relates to county public V expenditures made for new or expanded public facilities in CBRS areas. \ Policy 1401.4.8 - amended to separate traffic concurrency from the other facilities with concurrency requirements. \.0 3.15 Cultural Resources (proposed for deletion) -n0 pi 4- k7 (f1)6 No changes 3.15 Energy and Climate Element (new) --no p ea -1 - Policy 1502.1.1 - amended to add `and storm surge': "Prior to incorporating a new project to the Capital Improvements Element, Monroe County shall assure that it is reviewed for recommendations to increase Page 8 of 10 resiliency and account for the impacts from climate change, including but not limited to, sea level rise and storm surge." tx Policy 1502.1.3 85 1502.1.4 - Maintained timeframe at 5 years for both AAA criteria and AAA identification. Policy 1502.1.5 -added "or not building planned infrastructure in vulnerable locations" as option for defense, accommodation, or retreat strategies. Policy 1502.1.6 - added "The County shall review and update sea level rise (� projections when new and pertinent data is available." Policy 1502.1.7 - added public facilities /infrastructure designs should consider / "the useful life of public facilities and infrastructure." Policy 1503.1.1 - maintained the 5 year timeframe for completing LDRS on energy efficiency requirements. Policy 1503.1.2 - changed the timeframe to 7 years for considering climate change impacts as a factor in determining appropriate levels of development. Policy 1503.1.4 - changed the timeframe to reflect review after the release of 4 FEMA maps: "Monroe County shall review the most updated FEMA maps within 1 year of their release and evaluate floor elevation requirements, as necessary, for all new construction in vulnerable areas." Policy 1503.1.5 -moved this policy to 1502.1.3 Policy 1504.1.3 - amended policy to refer to general agencies /entities:. "Recognizing the unique impacts that climate change has on the County's reef system, primarily warming ocean temperatures, ocean acidification and changes in marine estuaries and brackish systems affecting juvenile species, Florida's 0/ reef fish and invertebrate populations and associated fisheries, Monroe County shall coordinate on an ongoing basis with Federal, state, regional and research agencies and organizations responsible for monitoring impacts to coral reefs. Monroe County shall work with these agencies to implement land -based strategies to mitigate those impacts such as minimizing sedimentation, storm water runoff, and other water quality impacts to the Florida reef system. The County will also participate in updates to existing programs and strategies (e.g. Florida Keys National Marine Sanctuary Water Quality Protection Program and the existing marine protected areas in the Florida Reef System) to optimize their effectiveness and make them more robust in the context of creating resilience to climate change" \ 3 Policy 1504.1.5 - changed the timeframe to 5 years for revising natural resource restoration policies. Page 9 of 10 4.0 Monitoring and Evaluation Procedures -no P t W 4 & J'ixa' - fi r No changes. 5.0 Public Participation and Comment \ a no /)iLkoLfC- `rtgaga' Added bullet: The County shall post applications on the County website. Glossary D puiobic (J7 XCc.Kr r Added: Developed area Development (consistent with statutory definition) Tropical Hardwood Hammock Undeveloped area Staff recommended additions: Access channel Canal Channel Concept meeting Maintenance dredging (proposed revision) Public Interest MAPS Staff recommended additions: Included maps from updated Technical Document which are statutorily required for adoption: Map Series 2 -1 (Existing Land Use) Map Series 3 -1 (Soils) Map Series 3 -2 (Flood Zone) Map Series 3 -3 (Terrestrial Habitat) Map Series 3 -7 (Coastal High Hazard Area) Map Series 4 -1 (Road System) Map Series 4 -2 (Roadway Functional Classification) Map Series 4 -3 (Number of Through Lanes) Map Series 4 -4 (Roadway Level of Service) Map Series 8 -1 (Facilities Service Area — Potable Water) Page 10 of 10