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Item B1 3.0 Goals, Objectives & Policies Monroe County Comprehensive Plan Update 3.0 GOALS, OBJECTIVES AND POLICIES 3.1 FUTURE LAND USE GOAL 101 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. [9J- .006(3)a} f§163.3177(1), F.S. Objective 101.1 Monroe County shall ensure that all development and redevelopment taking place within its boundaries does not result in a reduction of the level -of- service requirements established and adopted by this comprehensive plan. sueh-- development, [9J 5.006(3)(b)1} Further, Monroe County shall ensure that comprehensive plan amendments include an analysis of the availability of facilities and services or demonstrate that the adopted levels of service can be reasonably met. [§163.3177 & 163.3180, F. S.1 Policy 101.1.1 Monroe County shall adeptmaintain level of service (LOS) standards for the following public facility types required by Chapter 944163, F.A.C: roads,S.: sanitary sewer, solid waste, drainage, and potable water — . Additionally the County shall maintain LOS for roads, and parks and recreation and pmt. The LOS standards are established in the following sections of the Comprehensive Plan: 1. The LOS for roads is established in Traffic and 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. - { - 5,006(3)(c)3} Policy 101.1.2 By January 4, 1997, Monroe County shall Regelatiensmaintain land development regulations which provide a Concurrency Management System (See Capital Improvements Policy 1401.4.5). the Future Land Use Element 1 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update • - e !._ Policy 101.1.3 Facilities for potable water, sanitary sewer, solid waste and drainage shall be in place and available to serve new development no later than the issuance of the certificate of occupancy or its functional equivalent. If facility improvements are needed to ensure that the adopted level -of- service standards are achieved and maintained, prior to commencement of construction, a developer is required to enter into a binding and legally enforceable commitment to the County to assure construction or improvement of the facility. [163.3180, F. S.] Policy 101.1.4 Parks and recreation facilities to serve new development shall be in place or under actual construction no later than one (1) year after issuance by the County of a building permit. The acreage (land) for such facilities shall be dedicated or be acquired by the County prior to issuance of a building permit, or funds in the amount of the developer's fair share shall be committed no later than the County's approval to commence construction. If park and recreation facility improvements are needed to ensure that the adopted level -of- service standards are achieved and maintained, prior to commencement of construction, the developer is required to enter into a binding and legally enforceable commitment to the County to assure construction of the facilities. Policy 101.1.5 Transportation facilities needed to serve new development shall be in place when the impacts of the development occur. If transportation facilities are needed to ensure that the adopted level -of- service standards are achieved and maintained, prior to commencement of construction, a developer is required to enter into a binding and legally enforceable commitment to the County to assure construction or improvement of proportionate share of required improvements, or to assure the provision of the proportionate share contribution of the costs for the necessary transportation facilities. The development of a single family residential unit shall be considered de minimis and shall not be subject to this requirement. Policy 101.1.6 Prior to the approval of a building permit. Monroe County shall consult with the Florida Keys Aqueduct Authority (FKAA) to determine whether adequate water supplies to serve the new development will be available no later than the anticipated date of issuance by the County of a certificate of occupancy or its functional equivalent <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 2 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 101.2 As mandated by the State of Florida, pursuant to Section 380.0552, F.S. and Rule 28- 20.140, F.A.C., and to maintain the public health, safety, and welfare, Monroe County shall maintain a maximum hurricane evacuation clearance time of 24 hours and will coordinate with the State Land Planning Agency relative to the 2012 Memorandum of Understanding that has been adopted between the County and all the municipalities and the State agencies. Policy 101.2.1 Monroe County shall maintain a memorandum of understanding with the State Land Planning Agency, Division of Emergency Management, Marathon, Islamorada, Key West, Key Colony Beach, and Layton to stipulate, based on professionally acceptable data and analysis, the input variables and assumptions, including regional considerations, for utilizing the Florida Division of Emergency Management's (DEM) Transportation Interface for Modeling Evacuations ( "TIME ") Model to accurately depict evacuation clearance times for the population of the Florida Keys. Policy 101.2.2 Monroe County shall coordinate with all the municipalities, the State Land Planning Agency and Division of Emergency Management to update the variables and assumptions for the evacuation clearance time modeling and analyses of the build -out capacity of the Florida Keys Area of Critical State Concern based upon the release of the decennial Census data. Pursuant to the 2012 completed hurricane evacuation clearance time modeling by the State Land Planning Agency, which incorporates the 2010 Census data, the County may allocate 10 years' worth of growth (197 x 10 = 1,970 allocations, 197 annual ROGO rate based on Rule 28- 20.140, F.A.C.) through the year 2023, while maintaining an evacuation clearance time of 24 hours. The County will adopt a slower rate of annual allocations for market rate development to extend the allocation timeframe to 2033 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). Policy 101.2.3 The County will consider capital improvements based upon the need for improved hurricane evacuation clearance times. The County will coordinate with the FDOT, the state agency which maintains U.S.1, to ensure transportation projects that improve clearance times are prioritized. Future Land Use Element 3 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Policy 101.2.4 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 (RVs), travel trailers, live- aboard vessels (transient and non - transient), and military personnel from the Florida 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 increases, decreases and or shifts in population; particularly the resident and non- resident populations. For the purpose of implementing Policy 101.2.4, this Policy shall not increase the number of allocations to more than 197 residential units a year, except for affordable housing. Any increase in the number of allocations shall be for affordable housing. Future Land Use Element 4 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 10143 20-1-0.Monroe County shall regulate new residential development based upon the finite carrying capacity of the natural and man -made systems and the growth capacity while maintaining a maximum hurricane evacuation clearance time of 24 hours. Policy 101.23.1 Monroe County shall establisitmaintain a Permit Allocation System for new residential development known as the Residential Rate of Growth Ordinance (ROGO) System. The Permit Allocation System shall limit the number of permits issued for new residential dwelling units development. THIS POLICY IS SUPERSEDED BY POLICY 101.2.13 FOR AN INTERIM PERIOD OF TIME. The ROGO allocation system shall apply within the unincorporated area of the county, excluding areas within the county mainland and within the Ocean Reef planned development (Future development in the Ocean Reef planned development is based upon the December 2010 Ocean Reef Club Vested Development Rights Letter recognized and issued by the Department of Community Affairs). New residential dwelling units included in the ROGO allocation system include the following: affordable housing units; market rate dwelling units; mobile homes; and institutional residential units (except hospital rooms). 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, including live - aboard vessels, 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 THE (Transfer of ROGO Exemption). ROGO Allocations for rooms, hotel or motel; campground spaces; transient residential units; and seasonal residential units are subject to Policy 101.3.5. Policy 101.2.2 .. . • • - cv 1014 The number of permits issued for residential dwelling units under the Rate of Growth Ordinance shall not exceed a total of 1,970 new allocations for the time period of July 13, 2013 through July 12, 2033, plus any available unused ROGO allocations from a previous ROGO year. A ROGO year means the twelve -month period beginning on July 13. Market rate allocations shall not to exceed 126 Future Land Use Element 5 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update residential units per year. Unused allocations for market rate shall be available for Administrative Relief. In 2012, to late 28`.W140, F.A.C., the Department SIIMEn s Opportunity completed the hurricane evacuation clearance time modeling task and found that with 10 years' worth of building permits, the Florida Keys would be at a 24 hour evacuation clearance time. This creates challenges for State of Florida and Monroe County as there are 8,168 privately owned vacant parcels [3,979 Tier I; 393 Tier 11, 260 Tier III -A (SPA); 3,301 Tier III, and 235 No tier (ORCA, etc.)] and with 1,970 new allocations this may result in a balance of 6,198 privately held vacant parcels at risk of not obtaining permits in the future. In recognition of the possibility that the inventory of vacant parcels exceeds the total number of allocations which the State will allow the County to award, the County is adopting an extended timeframe for distribution of the ROGO allocations through 2033. This timeframe can provide a safety net to the County and provide additional time to implement land acquisition and other strategies to reduce the demand for ROGO allocations and help transition land into public ownership. The County is actively engaged in acquisitions and is requesting its State and Federal partners for assistance with implementing land acquisitions in Monroe County. The County will allocate the 1,970 new dwelling unit allocations over a 20 year timeframe, unless by July 12, 2018, the County has not received substantial financial support from its State and Federal partners. If substantial financial support is not provided by July 12, 2018, the County will reevaluate the ROGO distribution allocation schedule and reconsider the distribution of market rate allocations (through a comprehensive plan amendment). Further, the State and County shall develop a mutually agreeable position defending inverse condemnation cases, with the State having an active role either directly or financially in the defense of such cases. The County shall distribute ROGO allocations by ROGO year, as provided in the table below. ROGO Year Annual Allocation Market Rate Affordable Housing July 13, 2013- July 12, 2014 126 71 July 13, 2014- July 12, 2015 126 71 July 13, 2015- July 12, 2016 126 July 13, 2016 July 12, 2017 126 July 13, 2017- July 12, 2018 126 July 13, 2018- July 12, 2019 42 568 total AFH JUIv 13, 2019- July 12, 2020 42 (total available July 13, 2020- July 12, 2021 42 immediately) July 13, 2021- July 12, 2022 42 July 13, 2022 July 12, 2023 42 J 13, 2023- .lulu 12. 2024 42 Future Land Use Element 6 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update July 13, 2024- July 12, 2025 42 13, 2025- July 12, 2026 42 July 13, 2026- July 12, 2027 42 July 13, 2027- July 12, 2028 42 Jule 13, 2028- July 12, 2029 42 July 13, 2029- July 12, 2030 42 July 13, 2030- July 12, 2031 42 July 13, 2031- July 12, 2032 42 July 13, 2032- July 12, 2033 42 TOTAL 1 260 710* annual of The State of Florida, pursuant to Administration Commission Rules, may modify the annual allocation rate. Monroe County will request a Rule change from the Administration Commission to authorize the above allocation timeframe and rate. Policy 101.3.3 Monroe County shall allocate at least 20% of the annual allocation, or as may be established by the State of Florida, pursuant to Administration Commission Rules, to affordable housing units as part of ROGO. Any portion of the allocations not used for affordable housing shall be retained and be made available for affordable housing from ROGO year to ROGO year. Affordable housing eligible for this separate allocation shall meet the criteria specified in Policy 601.1.4 and the Land Development Code, but shall not be subject to the competitive Residential Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing shall not be located within an area designated as Tier I as set forth under Goal 105 or within a Tier III -A Special Protection Area as set forth in Policy 205.1.1. Future Land Use Element 7 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Policy 101.3.43 The Permit Allocation System (or Rate of Growth Ordinance) for new residential (-ROGO) development shall specify procedures for: 1. establishing the annual ad tment of the number of permits for new residential units to be issued during the next ROGO year based upon, but not limited to the following: a. expired allocations and building permits in previous year; b. allocations available, but not allocated in previous year; c. number of allocations borrowed from future quarters; d. vested allocations; e. modifications required or provided by Administration Commission Rules; fe. modifications required or provided by this plan or agreement pursuant to Chapter 380, Florida Statutes; and g€ receipt or transfer of affordable housing allocations by intergovernmental agreement; and: h. receipt or transfer of allocations pursuant to the 2012 Hurricane Evacuation Clearance Time Memorandum of Understanding. 2. allocation of affordable and market rate housing units in accordance with Policy 101.3.3 101.2.4; and 3. timing of the acceptance of applications, evaluation and scoring of applications, and issuance of permits for new residential development during the calendar year. Poli .4 • . - - . _ ! _'e _ . . . , _.• - - • . -.. _ .. • -_ - _ - -. . •1 Y. • . 1 . Policy 10 3:3 • . - Future Land Use Element 8 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update l0(.35 Policy 101.3236 Due to the limited number of allocations and the State's requirement that the County maintain a maximum hurricane evacuation clearance time of 24 hours, Monroe County shall prohibit new transient residential allocations for tmil:s ineltidifig hotel or motel rooms, campground spaces, or s aces for arking a recreational vehicle or travel trailer until May 2022 1, 2014. hed nsient units shall be entitled to one unit for e 9 (Ordinance 024-2011) Policy 101.32.6; All public and institutional uses (except hospital rooms) that predominately serve the County's non - transient population and which house temporary residents shall be subject to the Permit Allocation System for residential development, except upon factual demonstration that such transient occupancy is of such a nature so as not to adversely impact the hurricane evacuation clearance time of Monroe County. - _ .. _ . _ _ • - . • ! - .. . _.. _ -918- Policy 101.3.7 Monroe County may permit temporary emergency housing, not subject to the Permit Allocation System, for temporary occupancy by residents displaced by natural or manmade disaster damage; or for relief workers involved in reconstruction activities. Temporary emergency housing may be permitted subject to the following: • Temporary emergency housing means recreational vehicles (or similar approved sheltering units) used for temporary occupancy in response to natural or manmade disasters, including, but not limited to, hurricanes and tropical storms, where such units are provided to residents and relief workers as part of emergency relief efforts. • Building permits for temporary emergency housing for displaced residents on single family parcels shall be limited to one recreational vehicle (or similar approved sheltering unit) per lot, and occupancy shall not exceed 180 days, unless an extension of up to an additional 180 days is granted by the building official. • Building permits for temporary emergency housing for displaced residents on nonresidential or mixed use sites shall not exceed 180 days, unless an extension of up to an additional 180 days is granted by the building official. • Approval by the Board of County Commissioners (BOCC) of a resolution authorizing the placement and duration of temporary emergency housing for relief workers shall be required. Occupancy of temporary emergency housing for relief workers shall not exceed the duration specified by the BOCC Future Land Use Element 9 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update resolution, but may only be extended at the discretion of the BOCC by an additional resolution. Policy 101.3.8 Monroe County may permit temporary non - emergency housing, not subject to the Permit Allocation System, for temporary occupancy by workers undertaking a long -term capital improvement project to provide site security for the capital improvement project site; or to avoid delay in completing ongoing or future airport safety and capacity improvements on county airport properties. Temporary non - emergency housing may be permitted subject to the following: • Temporary non - emergency housing means recreational vehicles (or similar approved sheltering units) used for temporary occupancy by employees in order to provide project site security for a Tong -term capital improvement project or to avoid delay in completing ongoing or future airport safety and capacity improvements. • Approval by the Board of County Commissioners (BOCC) of a resolution authorizing the placement of a temporary non - emergency housing unit to provide site security for a capital improvement project shall be required. The BOCC resolution shall specify the location (placement of the unit at the project site) and the duration of the temporary housing unit, not to exceed 180 days. No more than one (1) temporary non - emergency housing unit shall be approved per project site. Occupancy may only be extended at the discretion of the BOCC by an additional resolution. • Occupancy of temporary non - emergency housing necessary to avoid delay in completing ongoing or future airport safety and capacity improvements on county airport properties shall not exceed 30 days after the completion of the associated project, unless an extension is granted by the BOCC. For all permitted temporary housing, upon expiration of relevant approvals and timeframes expressly set forth in the relevant authorization, the temporary housing shall be removed. . .. , . ._ • - - . - ! 1. - • - -- - -. a .. - • •_. - •S _ I - - ._.. .. _ . . Future Land Use Element 10 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update . !! -- .. - - . .. _ • .. .. (EAR) of this plan. As part of the EAR process, in coordination with the South updated bascd on these factors and the total growth allocations, including • ': • ! . . _ - - - - . - . - - -- . " . . .. - - -- - - Future Land Use Element 11 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update • • 1. 213 of thc total credits estimated to be available from the full operation of 2. All rcmaining available crcdits shall be earned when thc construction of the system is 100 percent complete, the collection system lines have been The local government shall receive a pro rata share of the earned nutrient jurisdiction to the total construction costs; and governments. • _ - .. • • • . • • • • s • - -- than 88 nutricnt reduction credits for Years 3 and 1. For Ycar 5, the interim herein. For all years the number of permits issued for new residential Future Land Use Element 12 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update of 158 new residential units per ycar. new permits, other than that which may be expressly provided for in the rriebe-a41ewe€1, Table 3.1 1 8 ms n site Trcatmcnt 8 Se A catment System WNR or sendar est Available dv-anced m Equivalent On Treatment Trcatmcnt (BAT) Wastewater site Treatment Treatment and Disposal (AWT) Ststem F 4 4 - h esspit EDU credit EDU credit 0 EDU credit 5 EDU credit Se 0- 1 - bStandard § 3 8 5 OSTDS A 0- 0 -1- 4, Se 4- 4, sendary 4 A 5 Treatment which the work program objectives for that year have been achieved The Future Land Use Element 13 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update toward accomplishing the tasks of the work program. If the Commission work program, or any interested persons may likewise report and make work program shall control where conflicts exist. For each task in the work - • assisting the county in completing thc task. Each such agency shall prepare, in - - • • - -- . .. . • . - .. ... • .. - e.: implementation by the County. It is the intent of this rule to accelerate the pace, and increase the effectiveness of thc current cesspit replacement effort through both a regulatory and an incentive based program. No later than August, 1999 Monroe County shall engage in a public education program to ensure that the replacement of cesspits, as a full partner with thc Department of Health. The -- - .- - Future Land Use Element 14 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update • • - • • • - ' : - .: : : - : - : - " : - ' , • ... • ' - ' B. Complete a conceptual plan or scope of work to develop a carrying capacity. The adopted by the Administration Commission on December 12, 1995, or more recent quality of life and community character issues, including the concentration of marine system. (Ref. 1991 Stip. Settlement Agreement) Agencies: County, DCA, DEP, HRS, DOT, GFC, SFWMD, NMS, SFRPC, EPA, USFW, Army COE, and other interested parties to includes representatives of C. Complctc AWT/OSDS _ .: - • . - . - : • - • - - s tandards for OSDS. (Rcfcrcnce County Policy 901.1.3). Agencies: HRS. D. Complctc Marathon Facilities Plan and secure funding for thc facility sitc(s). The Agencies: County, DCA, and DEP. • . - - - - . - • - e :•• • . • i . - - • - - • _ . - - - for the OSDS inspection /compliance program as required by Policy 901.2.3. Adopt an ordinance which specifics the implementation procedures for thc OSDS 901.2.3. (Rcfcrcnce County Objective 901.2). Agencies: County, DCA, and HRS. Future Land Use Element 15 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update F. Submit status of CARL and ROGO land acquisition to the Administration Commission. Agencies: County, Land Authority, and DEP. Agencies: County, DCA, DEP, FGFWFC, and Federal agencies. YEAR TWO (ending December 31, 1998) A. Complete thc wastewater and Stormwatcr Master Plans and execute interagency agreements to define construction schedule by phases. Document that significant below- Agencies: County, DCA, DEP, and HRS. �' - - .. - Agencies: County, DCA, and DEP. - - • •- Agencies: County, DCA, and HRS. D. Submit status of CARL and ROGO land acquisition to thc Administration 1 Agencies County, Land Authority, and DEP. E. Document the extent and quality of the fresh groundwater Ions system on Big Pine Kcy; delineate thc associated recharge areas; and determine thc safe yield of the sy stem. (Reference County Policy 103.1.5). Agencies: County, DCA, SFWMD, USFWS •s. . _ eec A. Complete and bcgin implementation of Wastewater Master Plan. Utilizing the - - _ a • construction schedules for each Hot Spot facility. Establish a water quality monitoring program to document thc reduction in nutrients as a result of these • - - -. •. • - . --•-- Future Land Use Element 16 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update , - , .__ , _ •";:.. •- , •- . ... - . - • - - Agencies: County, FKAA, DCA, DEP, DOH, SFWMD, EPA and Water Quality Protection Program Steering Committee (WQSC). Agcncics: County, DCA, DOT, SFWMD, EPA and WQSC. C. Conclude acquisition of North Kcy Largo Hammocks CARL project. Make offers to 33% of remaining private owners with property located in other CARL project beundaries. Agencies: County, Land Authority and DEP. D. Secure remaining funds for the carrying capacity study, conduct workshops as outlined in the Scope of Work, select prime contractor, and initiate Phase l (data Agencies: County, DCA, DEP, DOH, DOT, FFWCC, SFWMD, WQSC, SFRPC, EPA, USFWS, Army COE, and other interested panics to include representatives E. Continue efforts to sccurc funding for the Marathon Facility. Complete Little Venice construction design, secure lands needed for Little Venice facility, and begin bid Agcncics: County, FKAA, DCA, DEP, WQSC, and EPA. financial assistance grants to qualified applicants using FY 1997 98 state funds to ensure a Agcncics: County, DCA, FKAA, WQSC and DOH. delineate thc associated recharge areas; and determine thc safe yield of thc system. (Ref. County poi. 103.1.5) Agcncics: County, FKAA, DEP, DCA, SFWMD, EPA, WQSC and USFWS. Agencies: County. Future Land Use Element 17 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update I. The County, in conjunction with DCA, shall assc:f the feasibility of applying the nutricnt YEAR FOUR (July 13, 2000 through July 12, 2001) . - . agreements to define construction schedule by phases, and continuc developing .. •• •• - • . . . . • • Agcncics: County, FKAA, DCA, DEP, DOH, EPA and WQSC. - - - - ► -' - Agcncics: County, DCA, DEP, DOT, SFWMD, EPA and WQSC. • - - I0 • - - • - - • - • . prejeetboufidefies, • - - - ' Agcncics: County, DCA, DEP, DOH, DOT, FFWCC, SFWMD, WQSC, SFRPC, EPA, • . •. - - .. - Agcncics: County, DCA, DEP, FKAA, WQSC and EPA. Agcncics: County, FKAA, WQSC and DOH. YEAR FIVE (July 13, 2001 through July 12, 2002) •• • - - - - • • . \ • \ . - . Future Land Use Element 18 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update C. Conclude negotiations with all willing owners with property within CARL project Agcncics: County, FKAA, DCA, DEP, DOH, DOT, FFWCC, SFWMD, WQSC, SFRPC, Agcncics: County, DOH, FKAA and WQSC. 1 Spots in accordance with thc schedule of thc Wastewater Master Plan. Continue Agcncics: County, FKAA, DEP, DOW, DCA, EPA and WQSC. Agcncics: County, SFWMD, DEP, DCA, DOT, EPA and WQSC. C. Implement the carrying capacity study by, among othcr things, the adoption of all and changes to the map series and the "as of right" and "maximum" densities Agcncics: County, FKAA, FFWCC, DCA, DEP, DOH, DOT, SFWMD, SFRPC, EPA, Army COE, WQSC, and USFWS, and othcr interested parties to include representatives of County, FKAA, DOH and WQSC. E. Develop a Keys wide master land acquisition plan which shall include: Future Land Use Element 19 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update (1) a strategy for the acquisition of those properties which should be housingstock. _ Agcncics: County, DCA, DEP, FFWC, USFWS, and other interested parties to include YEAR SEVEN (July 13, 2003 through July 12, 2001) Agencies: County, FKAA, DEP, DCA, DOH, EPA and WQSC •_. .. ,. YEAR EICHT (July 13, 2004 through July 12, 2005) Agcncics: County, USFWS, FWCC, DEP, DCA • - ' -- Agcncics: County, DCA, DEP • _ • - • Agencies: County D. • - _ Areas Boundaries unty - .. - • • 9, a. • • • • Agencies: County, DCA Future Land Use Element 20 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update modify thc ROGO/NROGO systcm to guide development away from Agcncics: County, DCA Agcncics: County, DCA nt s Agcncics: County, DCA, DEP, USFWS, FWCC I. Provide $10 million in financing secured by infrastructure tax for wastewater rac-rrrreT Agencies Agcncics: County, FKAA, DEP, Key Largo Wastewater District K. Ensure the connection for up to 1,350 EDUs at Stock Island to Key West Resort Utilities. Agcncics: County, DEP Agencies: County, FKAA, DEP Agencies: County, DEP, DCA 601.1.7, but shall not be subject to tho competitive Residential Permit Allocation and Point System in Policy 101.5.1. remains affordable in perpetuity for future generations. Agcncics: County, FHFC, DCA\ e . . • .. - •. . ..' ... - .. - -.. . •_ .. •- Agencies: County, FHFC, DCA P. Provide up to $10 million in bond financing from thc Tourist Impact Tax for Agcncics: County e . . - - . . - - • - - - . .. - . . Future Land Use Element 21 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Agencies: County, DCA YEAR NINE (July 13, 2005 through July 12, 2006) connection fees. Agcncics: County, FKAA, Key Largo Scwcr District • - - _ - .. - Agcncics: County, FKAA YEAR TEN (July 13, 2006 through July 12, 2007) Agcncics: County, FKAA, Kcy Largo Sewer District - - _ Agencies: County, FKAA, Kcy Largo Scwcr District Agcncics: County, FKAA, Kcy Largo Sewer District .. - - - Village /Key Largo Park. Agcncics: County, FKAA, Kcy Largo Sewer District - . i - - _ . Future Land Use Element 22 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Policy 101.23.449 For those ROGO applications and properties which have not received been - denied a ROGO award for four consecutive years and have applied for administrative • relief, which are . - • - • • - . • • _ .. _ - - . • . • - • _ _' esignated Tier I, II, or I I IA . - - - - . _ • : • .. . - . . • e _ e, the County or the state-State shall offer to purchase the property if funding for such is available. Refusal of the purchase offer shall not be grounds for granting a ROGO award. Policy 101.23.10 Notwithstanding any other provision of the eenpr-elhensive-- pPlan, ROGO allocations utilized for affordable housing projects may be pooled and transferred between ROGO subietsareas, excluding the Big Pine/No Name Keys ROGO subarea, and between local government jurisdictions within the Florida Keys Area of Critical State Concern (ACSC). Any such transfer between local government jurisdictions must be accomplished through an interlocal agreement between the sending and receiving local governments. Policy 101.3.11 Monroe County may receive additional building permit allocations pursuant to the 2012 completed hurricane evacuation clearance time modeling and allocation recommendations by the State Land Planning Agency and the Administration Commission's direction that the City of Key West would transfer annually (by July 15th) any remaining unused allocations for that year to the other Florida Keys' local governments based upon the local governments' ratio of vacant land. Any transferred allocations from the City of Key West to Monroe County shall be made available for Administrative Relief. <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 23 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 101.34 Monroe County shall regulate nonresidential development to maintain a balance of land uses to serve the needs of the future population of Monroe County. Policy 101.34.1 Monroe County shall maintain a Permit Allocation System for new nonresidential floor area, known as the Nonresidential Rate of Growth Ordinance (NROGO) System. Monroe County shall maintain a balance between residential and non- residential growth by limiting the sg>e 'eetagefloor area of new non - residential development available within the County to maintain a maximum of 47,083 square feet of floor area per NROGO year. by policy 101.3.5. The nonresidential allocation allowed by this policy shall be distributed on an annual basis, ' _ ' _ • . _ . _ _ - . _ . - pursuant to Policy 101.4.3. -i Policy 101.2.1. The NROGO allocation system shall apply within the unincorporated area of the county, excluding areas within the county mainland and within the Ocean Reef planned development (Future development in the Ocean Reef planned development is based upon the December 2010 Ocean Reef Club Vested Development Rights Letter recognized and issued by the Department of Community Affairs). Policy 101.3.2 .• Policy 101.34.32 The Permit Allocation System for new non - residential ENRAGE)) develepmentfloor area (Nonresidential Rate of Growth Ordinance) shall specify procedures for: 1. Establishing the annual amount of new nonresidential floor area to be allocated during the next NROGO year based upon, but not limited to: -the a) the amount of previously allocated nonresidential floor area reclaimed during the preceding NROGO years due to the abandonment or expiration of approved development that received a NROGO Future Land Use Element 24 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update allocation award; ... - .. . - - - b) the amount of sgeetagenonresidential floor area available for allocations but not allocated in the previous NROGO year; b-)c) the amount of nonresidential floor area not made available for the previous NROGO year allocation by the BOCCI d) modifications required or provided by this plan; cue) modifications required or provided by Administration Commission Rules; and d- )Dreceipt or transfer of floor area by intergovernmental agreement. 2. maintaining a ratio of approximately 239 square fcct of new non accordance with Policy 101.3.1; and, 2. tTiming of the acceptance of applications, evaluation and scoring of applications, and issuance of permits for new non - residential development during the calendar NROGO year. Pol cy�-A d Policy 101.4.3 The amount of floor area available for the annual allocation period under NROGO shall be 47,083 square feet. Beginning NROGO Year 22 (July 13, 2013), this floor area shall be distributed to each of three subareas as provided in the following table: ROGO subarea Annual NROGO allocation Upper 22,944 SF Lower 21,749 SF Big Pine/No Name 2,390 SF Total 47,083 SF Future Land Use Element 25 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Policy 101.4.4 Monroe County shall maintain a record of NROGO allocations that were not awarded in annual NROGO allocation periods. This shall be known as the NROGO bank. As of July 12, 2012 ( NROGO Year 20), the NROGO bank for each ROGO subarea was as follows: Big Pine Key and No Name Key ROGO subarea 4339 square feet Upper Keys & Lower Kevs ROGO subareas 389.991 square feet Commencing NROGO Year 22 (July 13, 2013 through July 12, 2014), the NROGO bank shall be proportionally distributed between the three ROGO subareas: 1) Upper Keys, 2) Lower Keys and 3) Big Pine/No Name Keys. The NROGO bank shall be maintained by an account per each ROGO subarea and a general account for the Upper and Lower Keys ROGO subarea. NROGO bank, means the cumulative total of a) NROGO allocations that were not awarded and thereby not allocated due to a lack of demand, b) nonresidential floor area not made available for the annual NROGO allocation by the board of county commissioners; and c) allocated nonresidential floor area reclaimed due to the abandonment or expiration of approved development that received a NROGO allocation award. Policy 101.4.5 The NROGO allocation system shall not apply to the following nonresidential developments: 1. Any area of the unincorporated County exempted from the residential ROGO permit allocation system. 4-2. Public facilities and public /governmental uses (used either temporarily or permanently), including capital improvements and public buildings. NOTE: All public and institutional uses (except hospital rooms) that predominately serve the County's non - transient population and which house temporary residents shall be included in the Permit Allocation System for residential development, except upon factual demonstration that such transient occupancy is of such a nature so as not to adversely impact the hurricane evacuation clearance time of Monroe County. 3. De minimis expansion of or de minimis addition of new nonresidential floor area of an individual property, not exceed 1,000 square feet of new nonresidential floor area. 4. Within Tier III designated areas, nonresidential development by federally tax- exempt not - for - profit institutional uses (educational, scientific, research, health, social service, religious, cultural, and recreational Future Land Use Element 26 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update organizations) shall be exempt upon a finding by the Planning Commission that such activity will predominately serve the County's non - transient population. 5. Industrial uses in the Maritime Industries (MI) and the Industrial (I) land use (zoning) districts. 6. Uses permitted in the Rockland Key Commercial Retail Center Overlay District. 7. Agricultural and aquacultural uses. 8. Canopies. 9. Airport hangars. 10. Marine educational /research facilities and marine related science and technology research facilities. 11. Commercial fishing uses, which are defined in the Land Development Code and which are within a commercial fishing zoning category. 12. Recreational and commercial working waterfront uses, as defined by 342.07, F.S., excluding transient uses. These exemptions shall not be available on lands designated as Tier I or, if clearing is proposed, designated as Tier III -A (SPA). Policy 101.3.5 • . 1 1 . . .. . . . - - . - - . . economic assessment to determine the demand for future non residential <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 27 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 101.45 Monroe County shall regulate future development and redevelopment to maintain and enhance the character of the community and protect the-natural resources by providing for the compatible distribution of land uses consistent with the designations shown on the Future Land Use Map. [9J 5.006(3)(b) 31, [ §163.3177(6)(a),F.S.l FUTURE LAND USE CATEGORIES Policy 101.45.1 The principal purpose of the Residential Conservation (RC) future land use category is to encourage preservation of open space and natural resources while providing for very low- density residential development in areas characterized by a predominance of undisturbed native vegetation. Low - intensity public uses and utilities are also allowed. - : : : . - , . . = .. _ . : • - - -• - - - • - • .- . • - . 1 ..,. - •• - •- • . •- . • - - • . • �• • • - 1 1 . Policy 101.45.2 The principal purpose of the Residential Low (RL) future land use category is to provide for low - density residential development in partially developed areas with substantial native vegetation. Low intensity public and low intensity institutional uses are also allowed. - : :: : : : - _ .. - . : _ .. _ . : e : _ : . - ... -- • - - . • .., • 1 • .. _ -. • • Policy 101.45.3 The principal purpose of the Residential Medium (RM) future land use category is to recognize those portions of subdivisions that were lawfully established and improved prior to the adoption of this plan and to define improved subdivisions as those lots served by a dedicated and accepted existing roadway, have an approved potable water supply, and have sufficient uplands to accommodate the residential uses. Development on vacant land within this land use category shall be limited to one residential dwelling unit for each such platted lot or parcel which existed at n or before January 4, 1996. .vev -, Monroc Future Land Use Element 28 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update that were in effect immediately prior to thc institution of thc 2010 - • _ - . . - . s . - - •.. - -- - - _ e " . - _ - • . - - _. . Policy 101.45.4 The principal purpose of the Residential High (RH) future land use category is to provide for high - density single- family, multi - family, and institutional residential development, including mobile homes and manufactured housing, located near employment centers. - • - - . - , .. _. _ e • .. • - - - __ •.- __ . - • . •: -- - • .. .._ •"• 1 9" - - • 1 ..- Policy 101.5.5 Monroe County shall maintain Land 1)c clopment Regulations which allow nonconforming nonresidential and transiegi uses in the RC, RL, RM and RH future land use categories that lawfully existed on such lands on January 4, 1996 to develop, redevelo , reestablish and/or substantially improve provided that the use is limited in intensity. floor area, and to the type of use that existed on January 4, 1996. Policy 101.45.56 The principal purpose of the Mixed Use /Commercial (MC) future land use category is to provide for the establishment of mixed use commercial land use (zoning) districts where various types of commercial retail and office may be permitted at intensities which are consistent with the community character and the natural environment.— Employee housing and commercial apartments are also permitted. In addition, Mixed Use /Commercial land use districts are to establish and conserve areas of mixed uses, which may include maritime industry, light industrial uses, commercial fishing, transient and permanent residential, institutional, public, and commercial retail uses. This future land use category is also intended to allow for the establishment of mixed use development patterns, where appropriate.- Various types of residential and non - residential uses may be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited. -The County shall continue to take Future Land Use Element 29 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update a proactive role in encouraging the maintenarieepreservation and enhancement of community character and recreational and commercial working waterfronts. In order to protect environmentally sensitive lands, the following development controls shall apply to all hammocks, pinelands, and disturbed wetlands within this land use category: 1. only low intensity commercial uses shall be allowed; 2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and 3. maximum net residential density shall be zero. In order to preserve and promote recreational and commercial working waterfront uses, as defined by 342.07, F.S., the following criteria shall apply to all lands designated with the Maritime Industries (MI) land use (zoning) district within this land use category: -61. When a mixture of uses is proposed for parcels designated as MI land use (zoning) district, working waterfront and water dependent uses, such as marina, fish house /market, boat repair, boat building, boat storage, or other similar uses but excluding transient uses, shall be preserved by maintaining a minimum of 35% of the upland area of the property for those uses. To incentivize additional preservation of recreational and commercial working waterfront uses, the following shall be available: i. For the preservation of 36 -50% of the upland area of property for working waterfront and water dependent uses, up to 20,000 sf. ft. of nonresidential floor area from the NROGO bank shall be provided to the property; and ii. For the preservation of 50% or more of the upland area of property for working waterfront and water dependent uses, the residential density on the property may be developed pursuant to the maximum net density standard without the use of TDRs. 22. Parcels within the MI zoning district that have existing wet slips shall preserve at least 20% of the wet slips for vessels involved with recreational and commercial working waterfront uses, excluding live - aboard vessels solely used as a residence and not for navigation. 4.3. Parcels within the MI zoning district creating new wet slips shall preserve at least 10% of the wet slips for vessels involved with recreational and commercial working waterfront uses, excluding live - aboard vessels solely used as a residence and not for navigation. Future Land Use Element 30 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update 3:4. The preservation of dockage for recreational and commercial working waterfront uses shall be documented on the final development plan and shall be a written condition of any permit approval. 6:5. For permanent residential development, parcels within the MI zoning district shall be limited to commercial apartments or employee housing. Commercial apartment means an attached or detached residential dwelling unit located on the same parcel of land as a nonresidential use that is intended to serve as permanent housing for the owner or employees of that nonresidential use. The term does not include a tourist housing use or vacation rental use. 6. The preservation of a public access walkway, and a public access boat launch if one already exists, shall be required for all parcels with direct access to the water. Consideration shall be given to security and the physical constraints of the parcel. The public access walkway shall be documented on the final development plan to link a continuous walkway and shall be a written condition of any permit approval. 7. Parcels within the MI zoning district shall be limited to commercial retail uses of less than 5,000 square feet of floor area. (Ordinance 032 -2012) Policy 101.45.67 The principal purpose of the Mixed Use /Commercial Fishing (MCF) future land use category is to provide for the maintenance and enhancement of commercial fishing and related traditional water - dependent and water - related uses such as retail, storage, and repair and maintenance which support the commercial fishing sport fishing, and charter boats industry. Residential uses are also permitted. In order to protect environmentally sensitive lands, the following development controls shall apply to all hammocks, pinelands, and disturbed wetlands within this land use category: 1. only low intensity commercial uses shall be allowed; 2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and 3. maximum net residential density shall be zero. Policy 101.5.8 <relocated from Policy 101.4.21> The principal purpose of the Commercial (COMM) future land use category is to provide for the establishment of commercial zoning districts where various types of commercial retail; highway- oriented sales and services; commercial recreation; light industrial; public, institutional and office uses may be permitted at intensities which are consistent with the community character and the natural environment. The commercial zoning districts established within this category are intended to serve the immediate vicinity or serve the Upper or Lower subarea. This category is not intended to accommodate transient or permanent residential development. Future Land Use Element 31 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update In order to protect environmentally sensitive lands, the following development controls shall apply to all Tier I lands within this land use category: 1. only low intensity commercial uses shall be allowed: and 2. a maximum floor area ratio of 0.15 shall apply.(Ordinance 010 -2013) Policy 101.45.79 The principal purpose of the Industrial (I) future land use category is to provide for the development of industrial, manufacturing, and warehouse and distribution uses. Other commercial, public, residential, and commercial fishing- related uses are also allowed. Residential uses are limited to employee housing or commercial apartments. Policy 101.45.810 The principal purpose of the Agriculture /Aquaculture (A) future land use category is to encourage new, the-retention and expansion of existing agricultural and aqua eultuFalaquaculture uses. [ §163.3177(6)(a) F.S.] Policy 101.45.911 The principal purpose of the Recreation (R) future land use category is to provide for public and private activity -based and resource -based recreational facilities. 1 163.3177(6)(a) F.S.] Policy 101.45.4812 The principal purpose of the Institutional (INS) future land use category is to provide for institutional uses by federally tax- exempt, non - profit facilities, including, but not limited to, educational, scientific, religious, social service, cultural, and recreational organizations. Related institutional residential and non- residential uses, including student and employee housing shall be allowed. {93- 5.006(3)(c)1 -and 7] f & 163.3177(6)(a). Policy 101.45.1413 The principal purpose of the Educational (E) future land use category is to provide for public educational facilities. The County shall coordinate with the School Board to balance educational facility land requirements with other land use objectives. In recognition of Monroe County's environment and the linear distribution of its population, the County shall encourage schools to accommodate building and facility requirements on existing sites. When new school sites are required, school shall be encouraged to locate proximate to urban residential areas and other public facilities. f & 163.3177(6)(a)7., F.S.1 Policy 101.45.4214 The principal purpose of the Public Buildings /Caowl& Lands (PB) future land use category is to provide for public buildings and grounds owned by federal, Future Land Use Element 32 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update state and local governments. [9J 5.006(3)(c)1 and 7 }. which serve the population of the County. f 4163.3177(6)(a), F.S.l Policy 101.45.4315 The principal purpose of the Public Facilities (PF) future land use category is to provide for land owned by public and private utilities and service providers. f9J- 5006(3)(c)1 -- and -7}1 & 163.3177(6)(a), F.S.] Policy 101.45.4416 The principal purpose of the Military (M) future land use category is to provide for federally owned lands used for military purposes. Development densities and intensities are not subject to regulation by Monroe County. Military commanders will be requested to follow these recommended densities and intensities as specified in Policy 101.45.25, consistent with natural resource constraints as well as all County environmental design criteria. f& 163.3177(6)(a)3.a., F.S.1 Policy 101.45.4317 The principal purpose of the Conservation (C) future land use category is to provide for publicly or privately owned lands held primarily for the preservation of natural and historic resources and compatible passive recreational uses. Public uses consistent with the purpose of this category shall be allowed. f93- 5. (3)(c)1--and -7}j& 163.3177(6)(a)3.£, F.S.] Policy 101.5.18 The principal purpose of the Preservation (P) future land use category is to provide for publicly owned lands held exclusively for the preservation of natural resources. [§ 163.3177(6)(a)3.f., F.S.] Policy 101.45.4319 The principal purpose of the Airport District (AD) future land use category is to facilitate the operations of airports and their compatible uses and to prohibit the development of residential_, uses (excluding temporary non - emergency housing), non - compatible educational uses (including but not limited to pre -K through high schools) and/ -or other uses which are characterized by the regular presence of large numbers of people within the hazard areas of civil and military airports. In addition to privately owned civil airports located within the unincorporated areas of the County, this Monroe County Future Land Use Map (FLUM) designation applies to the airports owned by the County within the cities of Key West and Marathon, and the County shall have review authority over all permit applications. f & 163.3177(6)(a)3.b., F.S.l Policy 101.45.4-720 The principal purpose of the Mainland Native (MN) future land use category is to protect the undeveloped and environmentally sensitive character of land within Monroe County that is located on the mainland of the Florida peninsula. Very low density residential uses and low - intensity educational and research centers Future Land Use Element 33 Keith and Schnars, P..�. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update shall be allowed. All land in the mainland portion of Monroe County is hereby designated as Mainland Native.A 163.3177(6)(a)3.f., F.S.] OVERLAY CATEGORIES Policy 101.45.4821 The principal purpose of the Historic (H) overlay category is to identify existing and potential historic districts for designation, protection, and preservation (See Goal 104 and supporting objectives and policies). Maximum permitted densities and intensities shall be in accordance with the underlying land use categories. f & 163.3177(6)(a)3.f., F.S.1 PoIi9 Photeg Policy 101.5.22 The principal purpose of the Community Center (CC) overlay is to identify a defined geographic development focal area according to each of the adopted Livable CommuniKeys Community Master Plans. The intent of this overlay is to implement the action items identified in the Livable CommuniKeys Community Master Plans, pursuant to Policy 101.18.2. Within three years of the adoption of the 2030 Comprehensive Plan, Monroe County shall adopt the Community Center • overlays as identified by the Livable CommuniKeys Community Master Plans included in Policy 101.22.2 on the Future Land Use Map. Maximum permitted densities and intensities shall be in accordance with the underlying land use categories. Policy 101.5.23 The principal purpose of the Correctional Facility (CF) overlay category is to identify compatible areas for the development of a facility for the detention, confinement, treatment or rehabilitation of persons arrested or convicted for the violation of civil or criminal law. Such facilities include, but are not limited to adult detention centers, juvenile delinquency centers, jails, and prisons. These facilities house prisoners who are in the custody of city /county/law enforcement and the facilities are typically government owned. Maximum permitted densities and intensities shall be in accordance with the underlying land use categories. Policy 101.5.24 Monroe County shall evaluate every Plan or future land use map amendment as it relates to urban sprawl, pursuant to the sprawl indicators identified in Chapter 163, Florida Statutes. The County shall assess all amendments for the presence of Future Land Use Element 34 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update these indicators within the context of features and characteristics unique to each community. <Policy 101.4.20 moved to Policy 101.5.26> < moved to Policy 101.5.8> (Ordinance 010 2013) Policy 101.45.225 Monroe County hereby adopts the following density and intensity standards for the future land use categories, which are shown on the FLUM and described in Policies 101.45.1 - 101.45.20 [ §163.3177(6)(a)1.,F.S.]. Future Land Use Element 35 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Future Land Use Densities and Intensities Residential (') Nonresidential Minimum Future Land Use Category Open Space And Corresponding Zoning Allocated Density 4'4) Maximum Density Maximum Intensity Ratio (c) (per upland acre) (per buildable acre) (floor area ratio) , Agriculture /Aquaculture 0 du N/A 040 -0.25 Per (A)t 0 rooms /spaces N/A underlying (no directly corresponding zoning zoning) Airport (AD) 0 du N/A 0.10 0.20 (AD zoning) 0 rooms /spaces N/A Commercial (COMM) 0 du N/A 0.15 -0.50 0.20 (C1 and C2 zoning) 0 rooms /spaces N/A Conservation (C) 0 du N/A 0.05 0.90 (CD zoning) 0 rooms /spaces N/A Education (E) 0 du N/A 0.30 Per (no directly corresponding 0 rooms /spaces N/A underlying zoning) zoning Industrial (I) 1 du 2 du 0.25 -0.60 0.20 (I and MI zoning) 0 rooms /spaces N/A Institutional (INS) e 151) 0 du N/A 0.25 0.40 Per (no directly corresponding 3-15 rooms /spaces 6-24 rooms /spaces 0.30 underlying zoning) zoning Mainland Native (MN) 0.01 du N/A 0-1-0 0.95 -0.99 (MN zoning) 0- rmetnsf2 spacesu N/A 0.03 Military (M) 6 du 12 du 0.30 -0.50 0.20 (MF zoning) 10 rooms /spaces 20 rooms /spaces Mixed Use /Commercial ko 1- du (DR, MU, MI) 2 du (MI) 0.10 -0.45 (MC)Bt (SC, UC, DR, R (SC, UC, DR, RV, MU and 3 du (SC) 6 du (UC) 12 du (UC) MUg) 0.20 MI zoning) Commercial Apartments 1211 du (MUM <2,500 SF (RV) (RV) (h) 18 du (DR) 5 -15 rooms /spaces 10 -25 rooms /spaces zoo) �z 0.30 -0.60 (MI zoning) Mixed Use /Commercial Approx. 3 81 du Fishing (MCF)tIRD (CFSD - 20)x' 12 du (CFA, CFSD) (CFA, CFV CFSD 3 du (CFA. all other 0-Feeffi.sispeeesN /A 0.25 -0.40 0.20 zoning) CFSD) (CFV) 1 du/lot (CFV) N/A 0 rooms /spaces Preservation (P) (d) 0 du N/A toninai 0 rooms /spaces N/A 0 1.00 Public l acilities 0 du N/A 0.10 0.,0 Buildings /Lands (PFPB) 0 rooms /spaces N/A Per c underlying (no directly corresponding zoning zoning) Public ire 0 du N/A 0.10 0.30 Per Facilities (PRPF) (14) 0 rooms /spaces N/A underlying (no directly corresponding zoning zoning) Future Land Use Element 36 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Recreation (R) 0.24 du N/A 0.20 0.90 (PR zoning) 2 rooms /spaces N/A Residential Conservation 0 -.10 du (OS) 0- 0.4.920 0.95 (RC) 0.25 du (NA) N/A (OS and NA zoning) 0 rooms /spaces N/A Residential Low (RL) G2 -0.50 du 3 du (SR -L) 0,20 -0.25 0.50 (SR, (SS SR, and SR -L 5 du (SR) SR -L) zoning) N/A (SS) <2500 SF (SR) 0.80 (SS) 0 rooms /spaces N/A Residential Medium (RM) apps 0.5-8 du (IS, IS -V, IS -M and IS -DO F1 du/lot (IS, IS -V, IS- zoning) M) N/A 0 0.20 2 du/lot (IS -D) N/A 0 rooms /spaces Residential High (RH) approx. 3 16 N/A (IS -D, URM, (IS -D URM *, URM -L 6 du (UR) URM -L) and UR t0 zoning) E1- du/lot (URM. URM- 12 -25 du (UR) 0 0.20 k) 2 du /lot (IS -D)) 0 -20 rooms /spaces 0 -10 rooms /spaces Notes: (bkalThe allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum net densities- density bonuses shall not be available. (b) The Maximum Net Density is the maximum density allowable with the use of TDRs, or for qualifying affordable housing development. TDRs can be utilized to attain the density between the allocated density for GPV zoning shat standard up to the maximum net density standard. Deed restricted affordable dwellin units may be built up to the maximum net density without the use of TDRs. "N /A" means that maximum net density bonuses shall not be available. Buildable acres means the portion of aparcel of land that is developable and is not required open space. (c) Additional open space requirements may apply based on environmental protection criteria: in these cases, the most restrictive requirement shall apply. (d) Future land use categories of Agriculture /Aquaculture. Education, Institutional, Preservation, Public Buildings/Lands, and Public Facilities, which have no directly corresponding zoning, may be used with new or existing zoning districts as appropriate. (e) Within the Mainland Native future land use district, campground spaces and nonresidential buildings shall only be permitted for educational, research or sanitary purposes. (0 For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and Mixed Use/ Commercial Fishing future land use categories, the maximum floor area ratio shall be 0.10 and the maximum net fesidential- density bonuses shall not abbe available. (14igjA mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land use category. Working waterfront and water dependent uses, such as marina, fish house /market, boat repair, boat building, boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the property, Future Land Use Element 37 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update adjacent to the shoreline, pursuant to Policy 101.445_6. (h) In the RV zoning district, commercial apartments shall be allowed, not to exceed 10% of total spaces allowed or in existence on the site, whichever is less. (i) The allocated density for the CFSD -20 zoning district (Little Torch Key) shall be 1 dwelling unit per acre, or 1 dwelling unit per parcel for those parcels existing as of September 15, 1986, whichever is less, and the maximum net density bonuses shall not be available. Residential density shall be allowed in addition to the permitted nonresidential uses and intensity (i.e., density and intensity shall not be counted cumulatively). (j) Within IS subdivisions with primarily single family residential units, IS -D zoning may be used with a RM future land use designation for platted lots which have a duplex that was lawfully established 'rior to September 15, 1986. k The maximum net densi shall be 25 du/buildable acre for the UR zonin . district be 18 du/ p th for development where all units are deed restricted affordable dwellin units. For the U 3r slog i. with (1) Vessels, including live - aboard vessels, or associated wet slips are not considered dwelling units and do not count when calculating density. Future Land Use Element 38 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Policy 101.45.26 In order to continue to implement the Florida Keys Carrying Capacity Study, Monroe County shall promote the reduction in overall County residential density and ifiteftsity-and the preservation of Monroe County's native habitat by enacting legislation which implements the following policy statements for private applications for future land use map amendments which increase allowable residential allocated density-awd/er-ifitensity. Private application(s) means those applications from private entities with ownership of the upland development and parcel(s) of land or includes private upland development on County -owned land. Private applications requesting future land use map designation amendments received after the effective date of this ordinance (Nov. 20, 2012), which propose increases in allocated residential density and/ shall be required, upon amendment approval, to comply with either option (1) or (2) below: (1) For every acre of land, and/or fractions thereof, where there is a request to increase residential density- andfer- intensity, a private applicant shall purchase and dedicatedeeate land to Monroe County for conservation that is a minimum of twice the size of the parcel subject to the proposed request, and has a residential density development potential equal or greater to the density increase being requested - • - - - • - - - • • - - . • - • .. : .. .. - . • • . • = • - . - - • . The following requirements apply: • The dedicateddeeated land shall be designated as Tier I, Tier II or Tier III - A Special Protection Area and be located on Big Pine Key/No Name Key or be within the same sub -area of unincorporated Monroe County as the proposed increase in residential density. and/or inten °ity. Dedicated land may also be used by an applicant for ROGO points. • The dedicated land shall contain predominantly non - scarified native upland habitat and/or undisturbed wetland habitat. The land shall be inspected by the Monroe County Biologist to assure it is acceptable for acquisition and donation. • A restrictive covenant shall be recorded to extinguish the development rights on the donated land. • The Future Land Use Map Designation for the donated land may be designated by the County as Conservation (C) or Preservation (P). (2) For each requested additional unit of residential density, a private applicant shall purchase and dedicateonate a lot designated as Improved Subdivision (IS) district on the Land Use (Zoning) District map • - • . • : • • • •• • . - • • - = - .. : to Monroe County to ensure the equivalent density requested is mitigated (excludes the dedication of lots for affordable housing). The following requirements apply: Future Land Use Element 39 Keith and Schnars, P..%. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Private applicants shall provide IS lots pursuant to a 1:1 (1 unit: 1 lot) ratio to mitigate the request for increased allowable residential density, pursuant to option (a) or (b) below: (a) The dedicatedenated IS lot(s) shall be designated as Tier I, Tier II or Tier III -A Special Protection Area and be located on Big Pine Key/No Name Key or be within the same sub -area of unincorporated Monroe County as the proposed increase in residential density. • The dedicated lot shall contain predominantly non - scarified native upland habitat and/or undisturbed wetland habitat. The IS lot(s) shall be inspected by the Monroe County Biologist to assure it is acceptable for acquisition and donation. • A restrictive covenant shall be recorded to extinguish the development rights on the donated land. • The dedicated IS lot(s) must still have 1 (one) unit of allocated density per lot (i.e., may not have sent density to another site via TDRs or have any other restriction on development rights via deed restriction or similar mechanism) • The Future Land Use Map Designation for the donated land may be designated by the County as Conservation (C). (b) The dedicatedenated IS lot(s) shall be designated as Tier III, must have 1 unit of allocated density per lot and must be within the same sub -area of unincorporated Monroe County as the proposed increase in residential density. • The IS lot(s) shall be dedicated to Monroe County for the retirement of development rights; or • The IS lot(s) shall-may be dedicated to Monroe County for affordable housing projects. For options (1), and (2) described above, the parcel which is the subject of the request to increase its residential density and/er--ifiteti be designated as Tier III and have existing public facilities and services and available central wastewater facilities. Under this policy, no net increase in residential density will be permitted. Example 12 acres requesting a FLUM Requires the donation of 24 acres of non - scarified native of Option amendment to increase upland habitat and/or undisturbed wetland habitat, 1 density designated as Tier I, Tier II or Tier III -A. (12 acres x 2 = 24 acres) Example 20 acres with a total _ (a) Requires the donation of 20 IS lots of non - scarified Future Land Use Element 40 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update of Option allocated density allowing native upland habitat and /or undisturbed wetland habitat, 2 the development of 20 units, designated as Tier 1, Tier II or Tier III -A; or requesting to increase density (b) Requires the donation of 20 IS lots designated as to allow 40 units Tier 111 for affordable housing. (Increase of 20 units = 20 IS lots) (Ordinance 028 -2012) Future Land Use Element 41 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Policy 101.45.2327 All development shall be subject to clearing limits defined by habitat and the location of the property in the Land Use Tier Overlay District —Maps and the wetland requirements in Policy 102.1.1. The clearing limits of upland native vegetation . _ . . . ... . . . - , . • - . . • : : . _ . _ - -- for properties in the Ocean Reef planned development shall be limited to 40 percent of the Except as defined in Policy 101.11.42, clearing of upland native vegetative areas -. : . - .- , - • - , .... ;_ - _ :.. . - . .. .. hammock) in the Tiers I, 11, III and Tier III -A shall be limited to rte- partied- e€-the ... - .. • • -1 . • - - : - . - the following percentages or maximum square footage: Tier Permitted Clearing * 20% or 3,000 square feet, whichever is greater; but no greater than 7,500 square feet of upland native vegetative area. The clearing of parcels in Tier I shall be limited to 7,500 square feet per parcel. For parcels greater than 30,000 square feet, with the exception of parcels on Big Pine Key and No Name Key, clearing for one driveway of reasonable configuration up to 18 feet in width is permitted to provide reasonable access to the property for each parcel and shall be exempt from the maximum clearing limit of 7,500 square feet. Clearing for a driveway shall be recommended by a County biologist and approved by the Planning Director. The proposed driveway design shall minimize fragmentation, avoid specimen trees, and take the shortest reasonable route. In no case shall clearing, including the driveway, exceed 20 percent of the entire site. 40% or 3,000 square feet, whichever is greater; but no greater than 7,500 II square feet of upland native vegetative area (Big Pine Key and No Name Key). 40% or 3,000 square feet, whichever is greater; however, the maximum amount of clearing shall be no more than 7,500 square feet, of upland native vegetative area. The clearing of parcels in Tier III shall be limited to 7,500 square feet per parcel. For parcels greater than 30,000 square feet, with the exception of 111 parcels on Big Pine Key and No Name Key, clearing for one driveway of reasonable configuration up to 18 feet in width is permitted to provide reasonable access to the property for each parcel and shall be exempt from the maximum clearing limit of 7,500 square feet. Clearing for a driveway shall be recommended by a County biologist and approved by the Planning Director. The proposed driveway design shall minimize fragmentation, avoid specimen trees, and take the shortest reasonable route. In no case shall clearing, including the driveway, exceed 40 percent of the entire site. Future Land Use Element 42 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update 40% or 3,000 square feet, whichever is greater; however, clearing shall not exceed 7,500 square feet of upland native vegetation. The clearing of parcels in Tier III -A shall be limited to 7,500 square feet per parcel. For parcels greater than 30,000 square feet, with the exception III -A of parcels on Big Pine Key and No Name Key, clearing for one driveway Special of reasonable configuration up to 18 feet in width is permitted to provide Protection Area reasonable access to the property for each parcel and shall be exempt from the maximum clearing limit of 7,500 square feet. Clearing for a driveway shall be recommended by a County biologist and approved by the Planning Director. The proposed driveway design shall minimize fragmentation, avoid specimen trees, and take the shortest reasonable route. In no case shall clearing, including the driveway, exceed 40 percent of the entire site. *Clearing for palm or cactus hammock is limited to only 10% and the maximum amount of clearing shall be no more than 3,000 square feet. (Ordinance 026 -2012) Policy 101.45.2428 Notwithstanding the clearing limits established in the Livable CommuniKeys Master Plans adopted by reference into the 2010 Comprehensive Plan by Policy 101.20.2, the permitted clearing established by Policy 101.45.27 shall control. — (Ordinance 026 -2012) Policy 101.45.3529 Notwithstanding the density limitations set forth in Policy 101.45.25, land upon which a legally- lawfully established residential dwelling unit exists shall be entitled to a density of one dwelling unit per each st ehrecognized lawfully established unit. Such legallylawfully- established dwelling unitisl shall not be considered as non - conforming as to the density provisions of peliey— Policy 101.45.25 and the Monroe County Code. In order to preserve the existing community character and natural environment, Monroe County shall limit the height of structures including landfills to 35 feet. Exceptions will be allowed for appurtenances to buildings, transmission towers and other similar structures. Future Land Use Element 43 Keith and Schnars, P. k. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 101.56 Monroe County shall maintain and implement a Point System based primarily on the Tier system of land classification in accordance with Goal 105, which directs future growth in order to: • ii_ 1. maintain and enhance the character of the community 193 - 5 (3)(b)3 -�[§ 163.3177(6)(a)2.c.,F.S.I; 27 3-2. protect natural resources f93-5,0069-)(1934-M[§163.3 177(6)(a)3.f.,F.S.]: 3. encourage a compact pattern of development f93- 5006(3 -)(b)7 6& 163.3177(6)(a)2.h.,F.S.I; 4. encourage the development of affordable housing; and 5. direct future growth to appropriate infill areas and away from inappropriate locations not suitable for development such as environmentally sensitive areas, Coastal Barrier Resource System (CBRS) Units, and V- zones; and 6. encourage development in areas served by central wastewater treatment systems. Policy 101.56.1 Monroe County shall adept - through- itsmaintain land development regulations a oewwhich provide for a Point System for new residential (ROGO) and non- residential (NROGO) development . .. - - - . ' : • - - - • Except for affordable housing, this Point System, as set forth in Policy 101.63.4 for residential development and Policy 101.65.5 for non- residential development, shall be used as a basis for selecting the development applications which are to be issued permits through the Permit Allocation System pursuant to Policy 101.63.4 and Policy 101.65.5. For market rate housing units or non - residential development to be awarded allocations under the Permit Allocation System the Point System shall specify positive point factors which shall be considered as assets and shall specify negative point factors which shall be considered as liabilities in the evaluation of applications for new residential and non - residential development. Policy 101.56.2 In order to encourage a compact form of residential growth that results in infill development in platted, improved subdivisions, the Point System shall be primarily based on the Tier system of land classification as set forth under Goal 105. To discourage and limit further growth in Tier I designated areas, the annual maximum number of residential permit allocations that may be awarded in Tier I shall be no more than three (3) each in -..- . • - . ' ' = •• • .... • . Future Land l'se Element 44 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update the Upper and Lower ROGO sub - areas. Other criteria and corresponding points are allocated to encourage development to the most appropriate locations and discourage development from inappropriate locations. In the Big Pine Key/No Name Key sub -area the annual maximum number of residential permit allocations that may be awarded in Tier I shall be no more than one (1) every 2 years. This provision is subject to the issuing of an updated USFWS Incidental Take Permit (ITP) and amended Habitat Conservation Plan (HCP) /Livable CommuniKeys Plan (LCP) to cover the properties within CBRS system units in the sub -area: as well as an amended FEMA Biological Opinion by USFWS to cover properties outside the CBRS system units in the sub -area. 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. The allocation will remain valid so long as the applicant diligently and in good faith continues to work with USFWS to conclude the coordination and pick up a building permit. Policy 101.56.3 In order to encourage a compact form of non - residential growth, the Point System shall be primarily based on the Tier system of land classification as set forth under Goal 105. To discourage and limit further growth in Tier I designated areas, the Permit Allocation System shall limit and direct new non - residential development primarily to areas designated as Tier III under Goal 105 not areas designated as a Special Protection Area (Tier III -A) and provide incentives for redevelopment of existing developed and vacant infill sites.- Other criteria and corresponding points are available to encourage development to the most appropriate locations and discourage development from inappropriate locations. (See Policy 101.34.1.) {9J 5.006(3)(c)1] Policy 101.56.4 ROGO: Monroe County shall implement the residential Permit Allocation and Point System through its land development regulations based primarily on the Tier system of land classification as set forth under Goal 105. The points are intended to be applied cumulatively. For all applications entering the Residential Permit Allocation system after July 13, 2015, the following points and criteria shall apply: 1. Tier Designation - Utilizing the Tier System for land classification -i Policy 105.2.1, the following points shall be assigned to allocation applications for proposed dwelling units in a manner that encourages development of infill in predominately developed areas with existing infrastructure and few sensitive environmental features and discourages development in areas with environmentally sensitive upland habitat which are targeted for acquisition and the retirement of development rights - retired for resource conservation and protection. Future Land Use Element 45 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Point Assi : nment: Criteria Outside Bi' Pine- Ke and No Name Ke : 9 ... _ - •. _. . • .. . +10 Proposes a dwelling unit within areas designated Tier I [Natural Areal . •. :: ' • • . - - . • • • • . I•. • • ' - - - - - .. • - - • - - . ._ . . - . +20 Proposes development within areas designated Tier 11144414-A [Special Protection Area] • . • . : ' _ - • +30 Proposes development within areas designated Tier III [Infill Area] Protection Area.. Point Assignment _ Criteria (Within Big Pine Kev and No Name Kev): +0 Proposes a dwelling unit within areas designated Tier I [ Area] on Big Pine Key and No Name Key +10 Proposes development within areas designated Tier II f Transition and Sprawl Reduction Area on Big Pine Key or No Name Keyl +20 Proposes development within areas designated Tier III [Infill Area] on Big Pine Key or No Name Key. 2. Big Pine and No Name Keys - The following negative points shall be cumulatively assigned to allocation applications for proposed dwellings to implement the Big Pine Key and No Name Key Habitat Conservation Plan (HCP) and the Livable CommuniKeys Community Master Plan. Note: Habitat Conservation Plan for Florida Key Deer (Odocoileus virginianus clavium) and other Protected Species on Big Pine Key and No Name Key, Monroe County, Florida. Revised April 2005 Point Assignment: Criteria (Within Big Pine Kev and No Name Kev): - Proposes development on No Name Key. -10 Proposes development in designated Lower Keys marsh Rabbit—rabbit habitat or buffer areas as designated in the Community Master—Plan: HCP. -10 Proposes development in Key Deer Corridor as designated in the HCP. Future Land Use Element 46 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update 3. Wetlands _ The following points shall be assigned to allocation applications on Tier III parcels t#tatwhich have sufficient upland to be buildable (min of 2,000 sq.ft. of uplands) but also contain wetlands which require 100% open space pursuant to Policies 102.1.1 and 204.2.1 and that are located adjacent or contiguous to Tier I properties. Point Assignment: Criteria: Tier III parcels adjacent or contiguous to Tier I properties and containing 50% or less of the following: 1. submerged lands 2. mangroves (excluding tidally inundated mangrove shoreline 3 fringes) 3. salt ponds 4. fresh water wetlands 5. fresh water ponds 6. undisturbed salt marsh and buttonwood wetlands Tier III parcels adjacent or contiguous to Tier 1 properties and containing more than 50% of the following: 1. submerged lands 2. mangroves (excluding tidally inundated mangrove shoreline -5 fringes) 3. salt ponds 4. fresh water wetlands 5. fresh water ponds 6. undisturbed salt marsh and buttonwood wetlands Notes: Adjacent means land sharing a boundary with another parcel of land. An intervening road, right -of -way, or easement shall not destroy the adjacency of the two parcels, except for U.S. 1. Contiguous means a sharing of a common border at more than a single point of intersection. Contiguity is not interrupted by utility easements. Subsection (3) applies to new applications for Tier III parcels entering the permit allocation system after January 13, 2013. (Ordinance 030 - 2012) <The Remainder of This Pare Intentionally Left Blank> Future Land Use Element 47 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update 4.- bet-Aggregation - The following points shall be assigned to allocation applications to encourage the voluntary reduction of density purpose of retire of development Ail through aggregation of legally platted buildable Tots or lamals w ithi Tie..11 an Tie,. 111 ° Point Assignment: Criteria: (Outside Big Pine Kev and No Name Kev): 1,2 - +3 per lot/_ Each additional conti uous vacant, legally platted lot orp aggregated minimum of 2,000 re feet of UNilak which is aggregated in a designated I ier I area outside of Big Pine Key and No Name Key will earn additional points as specified. +4 per lol Each additional contiguous vacant. legall platted lot aggregated minimum of 2,000 ,of utfini which is aggregated in a designated Tier Ill-A (SPA) area outside of Big Pine Key and No Name Key - - = -. - will earn additional points as specified . +3+6 per lot/MI Each additional conti uous vacant, le all platted lot aggregated mai.2. which is aggregated in a designated Tier-II-of-III area eRtoutside of Big Pine Key and No Name Key _ - . - - . _ . . • _ will earn additional _ points as specified. ' Applies to new applications entering the permit allocation system after July 13, 2015. Any parcels aggregated shall require a restrictive covenant and shall be placed under a unity of title with the primary parcel. Clearing of upland native vegetation shall be limited to a maximum of 7,500 square feet (or as specified in Policy 101.5.27) for the primary and aggregated parcels combined, and the remainder of the parcels shall be placed under a conservation easement disallowing any clearing of native habitat. 2 Within one (1) year after the adoption of the 2030 Comprehensive Plan, the County shall revise land development regulations to not allow the reversal of any lot aggregation used to assign extra points to a ROGO application, whether executed by unity of title and /or restrictive covenant, and regardless of the status of the ROGO allocation award or associated building permit. In the event the dwelling unit was not constructed and the ROGO allocation award has expired, a subsequent ROGO allocation application on the same aggregated parcels will be assigned the same number of extra points originally assigned for the lot aggregation. Point Assi nment: Criteria (Within Big Pine Kev and No Name Key): 1•2 +3 er lo l Each additional contiguous vacant. legally platted lot litAINIMr aggregated a minimum ofeb00 square feet of upland which is aggregated in a designated Tier II or III area on Bice Pine Key and No Name Key will earn additional points as specified. +4 per lol Each additional contiguous vacant. le all platted lot rcel wt aggregated 111161600 scof which is aggregated ill a designated Tier 1 area on Big Pine Kev and No Name Key will earn additional points as specified. Future Land Use Element 48 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update ' Applies to new applications entering the permit allocation system after July 13, 2015. Any parcels aggregated shall require a restrictive covenant and shall be placed under a unity of title with the primary parcel. Clearing of upland native vegetation shall be limited to a maximum of 7,500 square feet (or as specified in Policy 101.5.27) for the primary and aggregated parcels combined, and the remainder of the parcels and shall be placed under a conservation easement disallowing any clearing of native habitat 2 Within one (1) year after the adoption of the 2030 Comprehensive Plan, the County shall revise land development regulations to disallow the reversal of any lot aggregation used to assign extra points to a ROGO application, whether executed by unity of title and/or restrictive covenant, and regardless of the status of the ROGO allocation award or associated building permit. In the event the dwelling unit was not constructed and the ROGO allocation award has expired, a subsequent ROGO allocation application on the same aggregated parcels will be assigned the same number of extra points originally assigned for the lot aggregation. <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 49 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update 5. Land Dedication — The following points shall be assigned to allocation applications to encourage, the voluntary dedication of vacant, buildable land within Tier I designated areas, Tier II (Big Pine Key and No Name Key), Tier III -A Special Protection Areas (SPA), and parcels which contain undisturbed wetlands for the purposes of conservation, resource protection, restoration or density reduction and, if located in Tier III outside of Special Protection Areas (SPA), for the purpose of retirement of development rights or providing land for affordable housing where appropriate. Applicants can utilize lands dedicated pursuant to Policy 101.5.26: however, submerged lands (inundated by water) shall not be eligible for land dedication. (Ordinance 029 -2012) Point Assi: nment: Criteria: Outside Bi , Pine and No Name Ke : +4 for each platted lot Proposes dedication to Monroe County of one (1) vacant, legally platted lot, designated as Tier III for affordable housing, lot o f su ffi c ie n t m m l size- andcontaining a minimum of 2,000 square feet of uplands-upland-area-to be-- buildable. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. +5 for each platted lot Proposes dedication to Monroe County of one (1) vacant. legally platted lot with a minimum of 2,000 square feet of uplands, designated as Tier III for the retirement of development rights. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. +5 for each parcel Proposes dedication to Monroe County of one (1) vacant parcel with a minimum of 2,000 square feet of uplands, designated as Tier III for the retirement of development rights. Each additional vacant parcel that meets the aforementioned requirements will earn points as specified. +0.5 for each platted Proposes dedication to Monroe County of one (1) vacant, legally platted lot lot of at least 5,000 equarc fcct in size within a Tier I area, designated as Residential Conservation . ' • . _ . • - . .. . - . _ containing a minimum of 2,000 square feet of uplands. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. +1 for each platted lot Proposes dedication to Monroe County of a vacant, legally platted lot of 5,000 square fcct of 5,000 square fcct or morc in size, within a Tier I area, designated as let-size Residential Low ' - . ._ . • . - . _ - • - - : • _ _. . containing - - - - ... .: _. . _ .. • _ .. _a minimum of 2.000 square feet of uplands. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. +4 for each acre Proposes dedication to Monroe County of at least one (1) acre of vacant, unplatted land located within a Tier I area containing buildable -and a minimum of 2,000 square feet of uplands,. Each additional one (1) acre of vacant, unplatted land that meets the aforementioned requirements will earn points as specified. +2 for each platted lot Proposes dedication to Monroe County of one (1) vacant, legally platted lot which contains undisturbed wetlands. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. +2.5 for each platted Proposes dedication to Monroe County of one (1) vacant, legally platted lot, lot designated as Tier I, : . _ _ • . . . • _ . ontainin a minimum of 2,000 square feet of uplands, Future Land Use Element 50 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update . Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. +2 for each platted lot Proposes dedication to Monroe County of one (1) vacant, legally platted lot, designated as Tier III -A (Special Protection Area - SPA)) e#' suf� R fRifiiiiiiiiii—let—S a minimum of 2,000 square feet of uplands . Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. •4- ' ... - :t:•.: . - - - :. • -• , - ., • -- - - - -• -- - - -. . - 1•.. - - • - • peints-as-speci€ed PointAssi2nment: Criteria (Within Bit Pine Key and No Name Key):* +2 for each platted lot Proposes dedication to Monroe County of one (1) vacant, legally platted lot, designated as Tier 1 or Tier II on Big Pine Key or No Name Kev, containing a minimum of 2,000 square feet of uplands. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. +2 for each acre Proposes dedication to Monroe County of at least one (1) acre of vacant, unplatted land located within a Tier I area on Big Pine Key or No Name Key, containing a minimum of 2,000 square feet of uplands. Each additional one (1) acre of vacant, unplatted land that meets the aforementioned requirements will earn points as specified +5 for each platted lot Proposes dedication to Monroe County of one (1) vacant, legally platted lot, designated as Tier III on Big Pine Key or No Name Key, containing a minimum of 2,000 square feet of uplands. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. +5 for each parcel Proposes dedication to Monroe County of one (1) vacant parcel, designated as Tier III on Big Pine Key or No Name Key. containing a minimum of 2,000 square feet of uplands. Each additional vacant parcel that meets the aforementioned requirements will earn points as specified. Future Land Use Element 51 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update 6. Market Rate Housing in Employee or Affordable Housing ProjeetDevelopment - The following points shall be assigned to allocation applications for market rate housing units in an employee or affordable housing prejestdevelopment: Point Assignment: Criteria: +6 Proposes a market rate housing unit which is part of an affordable or employee housing project; both affordable and employee housing shall meet the policy guidelines under Objective 601.1604A-A and other requirements pursuant to the Land Development Rego. lotionsCode. 7. Special Flood Hazard Areas — The following points shall be assigned to allocation applications for proposed dwelling unit(s) to provide a disincentive for locating within certain coastal high flood hazard areas: Point Assignment: Criteria: -46 Proposes development—structures requiring an allocation within "V" zones on the FEMA flood insurance rate maps. - An application for which development is proposed within a CBRS unit. 8. Central Wastewater System Availability* — The following points shall be assigned to allocation applications to direct development to areas with central sewer: *NOTE: See "Available" as defined within the Glossary. Point Assignment: Criteria: +4* Proposes development required to be connected to a central wastewater treatment system that meets the BAT-/AWT treatment standards established by Florida Legislature and Policy 901.1.1. *These points shall not apply to parcels within a CBRS system unit. 9. Payment to the Land Acquisition Fund — Up to two (2) whole points shall be awarded for a monetary payment by the applicant to the County's land acquisition fund for the purchase of lands for conservation, and retirement of development rights. The monetary value of each point shall be set annually by the County based upon the estimated average fair market value of vacant, privately - owned, buildable IS/URM zoned, platted lots in Tior I. Future Land Use Element 52 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update 10. Energy and Water Conservation - The following points shall be assigned to allocation applications on lands designated as Tier I1I to encourage the planting of native vegetation and promote water conservation and increased energy efficiency: Point Assignment: Criteria: +1 Proposes a dwelling unit designed according to and certified to the standards of a sustainable building rating or national model green building code. 1 Includes installation of water efficient landscape irrigation equipment that serves at 75% or more of the site.* +1 Includes installation of a permanent concrete cistern. +1 Includes the installation of a gray water reuse system, meeting the requirements of the Florida Building Code. +1 Includes installation of a solar photovoltaic collection system, a minimum of 3KW in size or the equivalent in other renewable energy systems.* +0.5 Includes installation of one or both of the following technologies:* a. Ductless air conditioning system. b. High efficiency chillers. * The systems must be maintained for a minimum of five years from C.O. unless replaced with a system that provides a functional equivalent or increased energy or water savings. 1011. Perseverance Points — One (1) point shall be awarded for each year that the allocation application remains in the allocation system up to a - • • - - . . . .. .. • - four (4) years. After four (4) years, the application shall be awarded 0.5 points for each year the application remains in the system. <The Remainder of This Puke Intentionally Left Blank> Future Land Use Element 53 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Policy 101.56.5 NROGO: Monroe County shall implement the non - residential Permit Allocation and Point System through its land development regulations based primarily on the Tier system of land classification pursuant to Goal 105. The points are intended to be applied cumulatively. For all applications entering the Nonresidential Permit Allocation system after July 13, 2015, the following points and criteria shall apply: 1. Tier Designation - Utilizing the Tier System for land classification -in Policy 105.2.1, the following points shall be assigned to allocation applications for proposed non - residential development in a manner that encourages development of infill in predominately developed areas with existing infrastructure, commercial concentrations, and few sensitive environmental features, and discourages development in areas with environmentally sensitive upland habitat, which r be- acquired -erare targeted for acquisition and the retirement of development rights - retired for resource conservation and protection: Point Assignment: Criteria (Outside Bi2 Pine Kev and No Name Kev): 0 Proposes new non - residential development within an area designated Tier I [Natural Area], - --: : : :. . . . . - • _ X10 ... - _ - , • ... • - _. •- J. +4 Proposes expansion of an existing. lawfully established nonresidential development regardless of Tier, with no further clearing of any native upland vegetation. +10 Proposes new non - residential development that will result in the clearing of any upland native vegetation within a Special Protection Area in Tier III -A. +20 Proposes new non - residential development within an area designated Tier III [Infill Area]. Point Assignment Criteria (Within Bi2 Pine Key and No Name Key): 0 Proposes new non - residential development within an area designated Tier I [Natural Areal +10 Proposes new non - residential development within an area designated Tier II [Transition and Sprawl Reduction Area on Big Pine Key and No Name Key]. +20 Proposes new non - residential development within an area designated Tier III on Big Pine Key and No Name Key]. +4 Proposes expansion of an existing, lawfully established nonresidential Future Land Use Element 54 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update development regardless of Tier, with no further clearing of any native upland vegetation, located within the U.S. 1 Corridor Area and the commercial community center overlay in the Big Pine Key and No Name Key Livable CommuniKeys Community Master Plan. • NOTE: As uscd for this criteria, floor arca does not include space Criteria: 4 - - - - - - . . - .. - - .. - - " : . 2.3T Wetlands - The following points shall be assigned to allocation applications on Tier III parcels that which have sufficient upland to be buildable (min of 2,000 sq.ft. of uplands) but also contain wetlands which require 100% open space pursuant to Policies 102.1.1 and 204.2.E -2 and that are located adjacent or contiguous to Tier I properties. Point Assignment: Criteria: -3 Tier III parcels adjacent or contiguous to Tier I properties and containing 50% or less of the following: 1. submerged lands 2. mangroves (excluding tidally inundated mangrove shoreline fringes) 3. salt ponds 4. fresh water wetlands 5. fresh water ponds 6. undisturbed salt marsh and buttonwood wetlands -5 Tier III parcels adjacent or contiguous to Tier I properties and containing more than 50% of the following: 1. submerged lands 2. mangroves (excluding tidally inundated mangrove shoreline fringes) 3. salt ponds 4. fresh water wetlands 5. fresh water ponds 6. undisturbed salt marsh and buttonwood wetlands Notes: Adjacent means land sharing a boundary with another parcel of land. An intervening road, right -of -way, or easement shall not destroy the adjacency of the two parcels, except for U.S. 1. Contiguous means a sharing of a common border at more than a single point of intersection. Contiguity is not interrupted by utility easements. Subsection (2) applies to new applications for Tier III parcels entering the permit allocation system after January 13, 2013. (Ordinance 030 -2012) Future Land Use Element 55 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update 4.3. Land Dedication - The following points shall be assigned to allocation applications to encourage, the voluntary dedication of vacant, buildable land within Tier I—and Tier II (Big Pine Key and No Name Key) designated areas, Tier III -A (Special Protection Areas — SPA), and parcels which contain undisturbed wetlands for the purposes of conservation, resource protection, restoration or density reduction and, if located in Tier III outside of Special Protection Areas (SPA), for the purpose of providing land for the retirement of development rights or affordable housing where appropriate. Applicants can utilize lands donated pursuant to Policy 101.5.26; however. submerged lands (inundated by water) shall not be eligible for land dedication. Point Assi: nment: Criteria: Outside Bi! Pine Ke and No Name K' +4 for each platted lot Proposes dedication to Monroe County of one (1) vacant, legally platted lot, designated as Tier III for affordable housing, ef c ontaining a minimum of 2,000 square feet of uplands . Each additional vacant, legally platted, buildable lot which is—dedicated—that—meets the aforementioned requirements will earn the additional points as specified. •feet -of- let -area .. ! ∎ ∎ .. - - • • - eam-peints-as-specifteEl, •+0.5 • -•- - : " : ._ :. - 1 . • • - Each additional vacant, legally platted lot that meets tho +4 for each acre Proposes dedication to Monroe County of at least one (1) acre of vacant, unplatted land located within a Tier I area containing suf fteient a minimum of 2,000 square feet of uplands. Each additional one (1) acres of vacant, unplatted land that meets the aforementioned requirements will earn points as specified. +2.5 for each platted Proposes dedication to Monroe County of one (1) vacant, legally lot platted lot, within a Tier I area and containing a minimum of 2,000 square feet of uplands. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. +2 for each platted lot Proposes dedication to Monroe County of one (1) vacant, legally platted lot which contains undisturbed wetlands. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified +2 for each platted lot Proposes dedication to Monroe County of one (1) vacant, legally platted lot, designated as Tier III -A (Special Protection Area -SPA) of e ffi c ie n t m m let .. a n d containing builciali4e-a minimum of 2,000 square feet of uplands. Each additional vacant, legally platted lot that meets the aforementioned requirements Future Land Use Element 56 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update will earn points as specified +5 for each platted lot Proposes dedication to Monroe County of one (1) vacant, legally platted lot, designated as Tier III containing a minimum of 2,000 square feet of uplands. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn points as specified. +5 for each parcel Proposes dedication to Monroe County of one vacant parcel with a minimum of 2,000 square feet of uplands, designated as Tier III for the retirement of development rights. Each additional vacant parcel that meets the aforementioned requirements will earn points as specified. +2 ... _ • _ . . _ :. • . _ . _. , platted lot, designated as Tior I or Tior II on Big Pine Key and No spesi€ed .. _ :-:•_.•:- : • - - :. • . . ... _ . _ - . additional one (1) acre of vacant, unplatted land that meets the Point Assignment: Criteria: (Within Big Pine Kev and No Name Kev) +2 for each platted lot Proposes dedication to Monroe County of one (1) vacant, legally platted lot, designated as Tier I or Tier II on Big Pine Key and No Name Key, containing a minimum of 2,000 square feet of uplands. Each additional vacant, legally platted lot that meets the aforementioned requirements will earn .oints as specified. +2 for each acre Proposes dedication to Monroe County of at least one (1) acre of vacant, unplatted land located within a Tier I area on Big Pine Key or No Name Key, containing a minimum of 2,000 square feet of uplands. Each additional one (1) acre of vacant, unplatted land that meets the aforementioned requirements will earn •oints as specified. +5 for each platted lot Proposes dedication to Monroe County of one (1) vacant, legally platted lot, designated as Tier III on Big Pine Key or No Name Key, containing a minimum of 2,000 square feet of uplands. Each additional vacant, legally platted lot that meets the aforementioned requirements. +5 for each parcel Proposes dedication to Monroe County of one vacant parcel with a minimum of 2,000 square feet of uplands, designated as Tier III for the retirement of development rights. Each additional vacant parcel that meets the aforementioned requirements will earn .oints as specified. Future Land Use Element 57 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update 34. Special Flood Hazard Area - The following points shall be assigned to allocation applications to discourage development within high risk special flood hazard zones: Point Assignment: Criteria: - 46 Proposes development a structure requiring an allocation within a "V" zone on the FEMA Flood Insurance Rate Map. - 4 An application for which development is proposed within a CBRS unit. 6,5. Perseverance Points - One (1) or two (2) points shall be awarded for each year that the allocation application remains in the system. up four (4) years. After four (4) years, the application shall be awarded 0.5 points for each year the application remains in the system. 7,6. Highway Access - The following points shall be assigned to allocation applications to encourage connections between commercial uses and reduction of the need for trips and access onto U.S. Highway 1: Point Assignment: Criteria: +3 The development eliminates an existing driveway on or access -way to U.S. Highway 1. +2 The development provides no new driveway or access -way Leon U.S. Highway 1 and provides a connection between commercial uses. 5:7. Landscaping, Energy and Water Conservation - The following points shall be assigned to allocation applications on lands designated as Tier III to encourage the planting of native vegetation and promote water conservation and increased energy efficiency: Future Land Use Element 58 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Point Assignment: Criteria: +31 The project provides a total of two hundred percent (200 %) of the number of native landscape plants native—landssape- -plants required by the Land Development Code within landscaped bufferyards and parking areas. +4-1 Twenty -five percent (25 %) of the native plants provided to achieve the throe (3) point award above or provided to meet the landscaped bufferyard and parking area requirements of this - chapter the Land Development Code are listed as threatened or endangered plants native to the Florida Keys. +21 Project landscaping is designed for water conservation s asincluding the use of one hundred percent (100 %) native plants for vegetation, collection and direction of rainfall to - landscaped areas, or the application of re -used wastewater for watering landscape plants. +1 Proposes a commercial structure designed according to and certified to the standards of a sustainable building rating or national model green building code. +1 Includes installation of a solar photovoltaic collection system, a minimum of 3KW in size or the equivalent in other renewable energy systems.* +0.5 Includes installation of one or both of the following technologies:* a. Ductless air conditioning system. b. High efficiency chillers. +1 Includes installation of water efficient landscape irrigation equipment that serves at least 75% or more of the site.* ±1 Includes installation of apermanent concrete cistern. +1 Includes the installation of a gray water reuse system, meeting the requirements of the Florida Building Code. * The systems must be maintained for a minimum of five years from C.O. unless replaced with a system that provides a functional equivalent or increased energy or water savings. 9:8. Central Wastewater System Availability* — The following points shall be assigned to allocation applications to direct development to areas with central sewer: *NOTE: See "Available" as defined within the Glossary. Point Assignment: Criteria: +4* Proposes development required to be connected to a central wastewater treatment system that meets the 13ATIAWT treatment standards established by Florida Legislature and Policy 901.1.1. *These points shall not apply to parcels within a CBRS system unit. Future Land Use Element 59 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update -I&9. Employee Housing — The following points, up to a maximum of four (4), shall be assigned to allocation applications, including new for employee housing units: Point Assignment: Criteria: +2 Proposes an-a new employee housing unit which is located on the same-a parcel with a non - residential use. 110. Payment to the Land Acquisition Fund — Up to two (2) whole points shall be awarded for a monetary payment by the applicant to the County's land acquisition fund for the purchase of lands for conservation, and retirement of development rights. The monetary value of each point shall be set annually by the County based upon the estimated average fair market value of vacant, privately- owned, buildable IS /URM zoned, platted lots in Ticr I. 11. Community Centers — The following points shall be assigned to allocation applications to encourage, nonresidential development within an area designated as a Community Center in an adopted Livable CommuniKeys Plan. Point Assignment: Criteria: +5 Proposes nonresidential development within an area designated as a Community Center. <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 60 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Policy 101.56.6 The ' - • . - . - • . - • . ' : • ROGO and NROGO Systems shall be monitored through the evaluation and appraisal review statutory process and shall be revised as necessary based on new studies and data in a manner that is consistent with and furthers the goals, policies, and objectives of this plan. Policy 101.56.7 Monroe County shall allow for the development of residential prejeetsdevelopments with multiple units within the Permit Allocation System. If a project ranks high enough in the Point System for a portion of the development to receive an allocation award, but the project includes more units than are available during an allocation period, the entire project may receive allocation awards if the excess allocation is reduced from the next allocation period(s). Monroe County , shall maintain a Transfer of ROGO Exemption (TRE)-) program, that allewallows for the transfer off - site of dwelling units, hotel rooms, campground/recreational vehicle spaces and/or mobile homes to another site in the same ROGO sub -area, provided that they are lawfully existing and can be accounted for in the County's hurricane evacuation model. Dwelling units may be transferred as follows: a. between sites in the Upper Keys ROGO sub -area; b. between sites in the Lower Keys ROGO sub -area; c. between sites in the Big Pine Key and No Name Key ROGO sub -area; i. units from the Big Pine Key and No Name Key ROGO sub -area may also be transferred to the Lower Keys ROGO subarea. No sender units may be transferred to an area where there are inadequate facilities and services. - ... : -, - - -- • - • - . . _ : _: _: • - - _ • • • - - - • - - - . - . ' . _ . • _ . - - -:t• - - • - Sender Site Criteria: 1. Contains a documented lawfully - established sender unit recognized by the County; and 2. Located in a Tier I, I1, or III -A designated area; or any tier designation within the County's Military Installation Area of Impact (MIAI) Overlay. Receiver Site Criteria: 1. The Future Land Use category and Land Use (Zoning) District must allow the requested use; 2. Must meet the adopted density standards; 3. Includes all infrastructure (potable water, adequate wastewater treatment and disposal wastewater meeting adopted LOS, paved roads, etc.); 4. Located within a Tier III designated area; and Future Land Use Element 61 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update 5. Structures are not located in a velocity (V) zone or within a CBRS unit. Polio • . • whi t he , l Policy 101.56.M Nonresidential development on Big Pine Key and No Name Key will be allocated pursuant to the following additional criteria: Development must be: 1. +Infill in existing commercial areas in Tier II2 and Tier I1I3 lands, mainly along the U. S. 1 corridor on Big Pine Key. 3:2. All new nonresidential development will be limited to disturbed or scarified lands. 3:3. Allocation awards shall be allowed to exceed 2,500 square feet per site if located within the designated Community Center Overlay as designated by Action Item 4.1.5. 7,4. New allocations shall be awarded moderate positive points to applicants who fulfill the additional criterion set forth in Strategy 4.2 of the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key. from criterion 5, 6, 7, and 17 of Policy 101.5.5. Development that is exempt from NROGO will not be subject to criteria 1 through 4 above. <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 62 Keith and Schnars, P.A. (' omprehenske Plan:.lan. 2015 Monroe County Comprehensive Plan Update Objective 101.67 Monroe County shall . • . . - _ . _ . • - • _ _ . • • • . pregramestablish policies to provide for the purchase of land from property owners who have not been awarded building permit allocations in the Permit Allocation System. Policy 101.67.1 Monroe County, the state, or other acquisition agency shall, upon a property owner's request, offer to purchase the property for fair market value or permit the minimum reasonable economic use of the property , if the property owner meets the following conditions: 1. they have been denied an allocation award for four successive years in the Residential (ROGO) or Non - residential (NROGO) Permit Allocation System; 2. their proposed development otherwise meets all applicable county, state, and federal regulations; 3. their allocation application has not been withdrawn; 4. they have complied with all the requirements of the Residential or Non- residential Permit Allocation System; and 5. they follow the procedures for administrative relief contained in the land development regulations. As used in this Policy, "minimum reasonable economic use" shall mean, as applied to any residentially zoned 4parcel of record which was buildable immediately prior to the effective date of the Plan, no less than a single- family residence. " - . • . _ . . . . _ - . 1992. A purchase offer is the preferred option for administrative relief. if the subject permit is for development located within: 1. a designated Tier I area or within the Florida Forever (or its successor) targeted acquisition areas (unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined no county, state or federal agency or any private entity is willing to offer to purchase the parcel)i 2. a designated Tier I1 or 111 -A (Special Protection Area); or 3. a designated Tier III area on a non - waterfront lot for affordable housing. Refusal of the purchase offer by a property owner shall not be grounds for the granting of a ROGO or NROGO allocation award. Future Land Use Element 63 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Policy 10147.2 13y-fiseal-year -1998, Monroe County recommends that the Monroe County Land Authority dedicate a minimum of 35 percent of its annual budget each year for the purpose of acquiring land from qualified property owners as defined by Policy 101.67.1. Funds accumulated from this source shall be reserved for the acquisition of land from qualified property owners, but may also be used to acquire other properties when deemed appropriate by the Land Authority. Future Land Use Element 64 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Pol<ic 6.3 ••• - • • . ' . . !el •.. - • - _ _ . • _ - . - . : ' • - - - - • - for Big Pine Key and No Namc Kcy. The County and the Department will also Fl I an ,d an d Se T Monroe County, the state, or other acquisition agency shall pursue land - - - - - • • - - .. .. . ' _ • - ! . - . , • - . . - - - -- • 1. a designated Ticr 1 arca; 2. a dcsignatcd Ticr 1II Special Protection Arca; or, 3. a dcsignatcd Ticr I11 arca on a non waterfront lot suitable for affordable * . • . * Policy 101.76.36 Monroe County shall preclude the granting of administrative relief in the form of the issuance of a building permit for lands within the Florida Forever targeted acquisition or Tier 1 lands areas unless, after 60 days from the receipt of a complete application for administrative relief, it has been determined the parcel can notcannot be purchased for conservation purposes by any county, state or federal agency or any private entity. The County shall routinely notify Department of Environmental Protection of upcoming administrative relief request at least six (6) months prior to the deadline for administrative relief. Future Land Use Element 65 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update <The Remainder of This Pate Intentionally Left Blank> Future Land Use Element 66 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective-10477 .. - .. . - . . .- . - - - .. • 11 . By January 1, 1998, Monroc County shall conduct a needs assessment of potential redevelopment areas. This asscssmcnt shall analyze land use changes, property values, PolEiey-1-04 3 City of Kcy West. Polio By January 4, 1998, thc Board of County Commissioners shall consider adopting a Act, Chaptcr 163, Part 111, F.S. for any area or areas where such a Finding is deemed arca or areas for which the Board of County Commissioners adopts a Finding of Necessity, conformance with Chaptcr 163, Part 111, F. S. and approved by thc Board of thc County G Policy-10444 The Monroc County Planning Department, in coordination with thc Office of Management and Budget Grants Manager, shall solicit state and federal funds to mcct • Polley 101.7.7 the Monroc County Housing Authority, the Monroc County Sheriffs Department, and other appropriate local, state and federal agencies. Future Land Use Element 67 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 101.8 Monroe County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable provisions of the land development regulations, zoning districts, Future Land Use categories and the Future Land Use Map, - - • • .. • - - .. - ... • . . . . In Monroe County, some nonconforming uses are an important part of the community character and the County desires to maintain such character and protect these lawfully established, nonconforming uses and allow them to be repaired or replaced. [163.3177 (6)a.2.e.19J- Policy 101.8.1 Monroe County shall prohibit the expansion of non - conforming uses. [9J SA } Policy 101.8.2 Monroe County shall prohibit a non - conforming use to be changed to any other use unless the new use conforms to all applicable provisions of the Future Land Use category and zoning district in which it is located. Policy 101.8.3 Monroe County shall prohibit the relocation of a structure in which a non- conforming use is located unless the use thereafter conforms to the provisions of the Future Land Use category and zoning district in which it is located. Policy 101.8.4 With the exception of non - conforming uses located in the Mixed Use /Commercial Fishing Future Land Use category or within a Community Center Overlay, if a structure in which a non - conforming use is located is damaged or destroyed so as to require substantial improvement, then the structure ffiayshall be repaired or restored only for uses which conform to the provisions of the Future Land Use category and zoning district in which it is located. [9J 5.006(c)2] Improvements to historic sites, and improvements to meet health, sanitary or safety code specifications are not considered substantial improvements. Polley-14478A • Ai. Policy 101.8.56 NenLawful non - conforming uses existing as of September 15, 1986 and located within the Mixed Use /Commercial Fishing category or within a Community Center Overlay, as indicated on the Future Land Use Map, may be rebuilt if damaged or destroyed, provided that they are rebuilt to the preexisting use, Future Land Use Element 68 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update building footprint and configuration without increase in density or intensity of use. Policy 101.8.67 Monroe County shall prohibit the re- establishment of non - conforming uses which have been discontinued or abandoned. Policy 101.8.7 Monroe County shall maintain Land Development Regulations which allow nonconforming nonresidential uses in the RC, RL, RM and RH future land use categories that lawfully existed on such lands on January 4, 1996 to develop, redevelo , reestablish and/or substantially improve provided that the use is limited in intensity, floor area, and to the type of use that existed on January 4, 1996. Policy 101.8.8 Any nonconforming use may be subject to compulsory termination when it is found detrimental to the conservation of the value of surrounding land and improvements, or to future development of surrounding lands, and therefore is tending to deteriorate or blight the neighborhood. In ordering the compulsory termination of a nonconforming use, the BOCC will establish a definite and reasonable amortization period during which the nonconforming use may continue while the investment value decrement resulting from termination is amortized. Determination of the amount to be amortized shall be based on the value and condition of the land and improvements for the nonconforming use less their value and condition for a conforming use, and such other reasonable costs as the termination may cause. The rate of amortization shall be in accordance with reasonable economic practice. Policy 101.8.9 Accessory uses or structures associated with a lawful nonconforming principal use may be permitted if in compliance with the LDC. <The Remainder of This Puke Intentionally Left Blank> Future Land Use Element 69 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 101.9 Monroe County shall eliminate or reduce the frequency of structures which are inconsistent with the applicable provisions of the land development regulations, zoning districts, Future Land Use categories and the Future Land Use Map. In Monroe County, some nonconforming structures are an important part of the community character and the County desires to maintain such character and protect these lawfully established, nonconforming structures and allow them to be repaired or replaced. [§ 163.3177(6)(a)2.e., F.S.j Policy 101.9.1 Substantial improvement is defined as any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent of the pre - destruction market value of the structure. Improvements to historic structures, and improvements to meet health, sanitary or safety code specifications are not considered substantial improvements. Policy 101.89.82 Enlargements and extensions to lawful non - conforming structures outside of the Mixed Use Commercial Fishing District or a Community Center Overlay shall be allowed, provided that: 1. the improvement does not constitute a substantial improvement; 2. a non -conforming use is not located in the non - conforming structure; and 3. the nonconformity is not further violated. Policy 101.89.13 A non - conforming structure, other than a locally or nationally registered historic structure, shall not be moved unless it thereafter shall conform to the applicable provisions of the Monroe County Code. Policy 101.8930.4 With the following exception, non - conforming structures which are damaged or destroyed so as to require substantial improvement shall be repaired or restored in conformance with all applicable provisions of the current Monroe County Code. Substantial improvement or reconstruction of non - conforming single - family homes shall comply with the setback provisions of the Monroe County Land Development RegulatiensCode except where strict compliance would result in a reduction in lot coverage as compared to the pre- destruction footprint of the house. In such cases, the maximum shoreline setback shall be maintained and in no event shall the shoreline setback be less than ten (10) feet from mean heighthigh water. Future Land Use Element 70 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Policy 101.89.145 Existing manufactured homes which are damaged or destroyed so as to require substantial improvement shall be required to meet the most recent HUD standards, and the floodplain management standards set forth by FEMA. Policy 101.89.126 If a non - conforming structure is abandoned, then such structure shall be removed or converted to a conforming structure. Policy 101.89.7 Any nonconforming structure may be subject to compulsory termination when it is found detrimental to the conservation of the value of surrounding land and improvements, or to future development of surrounding lands, and therefore is tending to deteriorate or blight the neighborhood. In ordering the compulsory termination of a non - conforming structure, the BOCC will establish a definite and reasonable amortization period during which the nonconforming structure may continue while the investment value decrement resulting from termination is amortized. Determination of the amount to be amortized shall be based on the value and condition of the land and improvements for the nonconforming structure less their value and condition for a conforming structure, and such other reasonable costs as the termination may cause. The rate of amortization shall be in accordance with reasonable economic practice. <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 71 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 101.410 Monroe County shall provide for drainage and stormwater management so as to protect real and personal property and to protect and improve water quality. {-93-5,006(-33(b)41 [§163.3177(6)(c), F.S.1 Policy 101.910.1 _ .. _ . _ _ • _ ' . -, Monroe County shall adept—and implementmaintain the level of service standards for stormwater management established in Drainage Policy 1001.1.1. These level of service standards ensure that at the time a development-peFaiiicertificate of occupancy is issued, adequate stormwater management facilities are available to support the new development concurrent with the impacts of such development.- Existing development, except single family residential built prior to November 16, 1992 shall, to the greatest extent possible, meet the County's best management practices for stormwater management. (See Drainage Objective 1001.1 and related policies.) {93- 5.006(3)(e)4} .. - - . • - _ ._ !! Policy 101.910.32 Monroe County shall maintain a five -year schedule of capital improvement needs for drainage facilities as part of the Capital Improvement Program. This schedule shall be updated annually. (See Drainage Objective 1001.2 and related policies.) [ } Policy 101.910.43 Monroe County shall maintain stormwater management regulations, which shall require that all improvements for replacement, expansion or increase in capacity of drainage facilities conform with the adopted level of service standards pursuant to Policy 1001.1.1. The County shall use the adopted Stormwater Management Master Plan, and subsequent updates, as a guide for stormwater management to protect personal property and to protect and improve water quality. <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 72 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 101.1 -811 Monroe County shall work cooperatively with Miami -Dade County to encourage land use planning and development controls which shall protect the recharge area of the Florida City Wellfield from potential sources of groundwater contamination, saltwater intrusion, and over - extraction. f 3)(b)4] Policy 101.4011.1 Protection of the Florida City Wellfield shall be accomplished through continued implementation of the Miami -Dade County Wellfield Protection Ordinance and the water supply policies of the SFWMD. {93- 3:006(3)(e)6} Policy 101.4011.2 ,Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall seekanreview, update as necessary, and maintain the interlocal agreement with Miami -Dade County. This agreement shall provide Monroe County with an opportunity to comment on land use and regulatory issues related to the Florida City Wellfield, aquifer and aquifer recharge area. It shall set forth procedures for review of land use and regulatory activities identified as having potentially significant impacts on the aquifer recharge and water supply systems. Criteria for determination of significant impacts shall be included in the interlocal agreement. {9J 5.006(3)(c)6} <The Remainder of This Puke Intentionally Left Blank> Future Land Use Element 73 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update • • I n 1n1 11 1 • •• • Future Land Use Element 74 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 101.12 Monroe County shall ensure that sufficient acreage is available for utilities and public facilities, - .. • - _ :..: • : _ . - : • _ : - : _' • - , required to support proposed development and redevelopment. [9J .006(3)(b),8R 163.3177(6)(a) F.S.l By January 1, 1997, Monroe County shall adopt a Concurrency Management • - -- development is authorized. [9J 5.006(3)(c)31 Policy 101.121 Monroe County,. shall, on an annual basis during the preparation of the Concurrency Management Report for water, sewer, roads, parks and recreation and solid waste, shall coordinate with the . • '.. . - • - !' • , - - - •. . Keys Aqueduct Authority, City Electric System and the Florida Keys Electric Ceepeeutility providers serving unincorporated Monroe County to determine the acreage and location of land needed to accommodate projected service expansions. {9J 5.006(3)(c)3] acquisition sites required to accommodate projected expansions in Policy 101.12.42 Monroe County shall require that the following analyses be undertaken prior to finalizing plans for the siting of any new County public facility, excluding electricity over which the Public Services Commission of the State of Florida exercises jurisdiction, or the significant expansion (greater than 25 percent) of any existing public facility, excluding electricity over which the Public Services Commission of the State of Florida exercises jurisdiction: 1. assessment of needs; 2. evaluation of alternative sites and design alternatives for the alternative sites; and, 3. assessment of direct and secondary impacts on surrounding land uses and natural resources. The assessment of impacts on surrounding land uses and natural resources will evaluate the extent to which the proposed public facility involves public expenditures in the coastal high hazard area and within environmentally sensitive Future Land Use Element 75 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update areas, including disturbed salt marsh and buttonwood wetlands, undisturbed beach berm areas, units of the Coastal Barrier Resources System, undisturbed uplands (particularly high quality hammock and pinelands), habitats of species considered to be threatened or endangered by the state and/or federal governments, offshore islands, and designated Tier I areas. Except for passive recreational facilities on publicly -owned land, no new public faciliti y other than water distribution and sewer collection lines of pump /vacuum/lift stations, cluster systems, or small package plants /treatment facilities shall be allowed within Tier I designated areas or Tier III Special Protection Area unless it can be accomplished without clearing of hammock or pinelands. Exceptions to this requirement may be made to protect the public health, safety, and welfare, if all the following criteria are met: 1. No reasonable alternatives exist to the proposed location; and 2. The proposed location is approved by a supermajority of the Board of County Commissioners. !! • . , Policy 101.12.53 Monroe County shall coordinate the siting of new public facilities with the appropriate local, state and federal agencies to resolve potential regulatory conflicts and ensure compliance with all applicable state and federal regulations. f94-54)06(-3-)(02-and-64 <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 76 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 101.13 Monroe County shall adopt innovative Land Development Regulationsmaintain land development regulations which implement the Goals, Objectives and Policies of the Comprehensive Plan. Such regulations shall include a Permit Allocation System for 1 1- -- - - .. pregrama Transferable Development Rights (TDR) program. [9J- 5,006(b)9 }j P 10> > 1 By January 4, 1997, Monroe County shall adopt Land Development Regulations non residential development (See Policies 101.2.1, 101.3.1, and 101.5.1). Policy 101.13.31 J anuary 'I, 1998, Monroe County shall evaluate monitor the existing TDR program and adept- maintain Land land Develop development Regulations regulations which address identified deficiencies in the program_. The following : : • - - : • . _ - - : -and evaluate the following: 1. revision to the current tax policy whereby owners of sites which have development orders have been issucd for th- - - rcceivcr sites; 2,1. establishment-et-criteria for designation of sender and receiver sites based . - . - - - - :---" - . : : - - : pursuant to Policy 101.13.3; 3-2 establishment-et-mechanisms to enhance the value and marketability of TDRs such as assigning density bonuses to receiver sites; 4.3. clarification of the status of sites which have transferred development rights, including the possible requirements that sender sites be dedicated as public or private open space through conservation easement or other mechanism. At a minimum, tThe LDRs shall be revisedcontinue to require that a restrictive covenant be recorded on the sender site deed at the time of the Allocation Award for the Permit Allocation Systembuilding permit issuance for the receiver site; and 4. establishment of a management and accounting system to tract track TDRSTDRs. Policy 101.13.32 The Maximum Net Density is the maximum density allowable with the use of TDRs, and shall not exceed the maximum densities established in this Pplan. TDRs may be utilized to attain the density between the allocated density standard up to the maximum net density standard. Deed restricted affordable dwelling units may be developed up to the maximum net density without the use of TDRs. The assignment of TDRs to Big Pine Key, No Name Key, and North Key Largo from other areas of the County shall be prohibited. Future Land Use Element 77 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update (The remainder of this page left intentionally blank.) l ey-1-0 -3 4 - • - - • .. • • • . - _ • • be designated as sender sites for Transferable Development Rights (TDRs): Any parcel within these zoning categories: Offshore Island (OS) Sparsely Settled (SS) Main land Native (MN) Parks and Refuge (PR) Native (NA) Conservation (C) Freshwater wetlands Saltmarsh /Buttonwood wetlands High quality high hammock High quality low hammock Moderate quality high hammock Moderate quality low hammock High quality pinclands Low quality pinelands Beach /berm Da1FH H . Cactus Hammock In conjunction with the evaluation of the TDR program pursuant to Policy 101.13.2 and no later than one year from the date when the County's Geographic ender and receiver sites as specified in Policy 101.13.1, and shall map parcels from which development rights have been transferred. These maps shall be Transfer of Development Rights program sender and receiver sites are subject to the following transfer conditions: Sender Site Criteria: 1. Located in a Tier I, II or III -A designated area. 2. Located in a Tier I, II, or 1II -A designated area; or any tier designation within the County's Military Installation Area of Impact (MIAI) Overlay. Receiver Site Criteria: 1. The Future Land Use category and Land Use (Zoning) District must allow the requested use; Future Land Use Element 78 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update • Liveable CommuniKeys Community Centers shall be encouraged as receiving areas for transfer of development rights. 2. Must have an adopted maximum net density standards; 3. Includes all infrastructure (potable water, adequate wastewater treatment and disposal wastewater meeting adopted LOS, paved roads, etc.) 4. Located within a Tier III designated area; and 5. Is not located within a designated CBRS unit. <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 79 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 101.14 By January 4, 1997, Monroe County shall .... : . ! - .. - - - ' - _ : maintain land development regulations which direct future growth away from areas .subject to periedie-f4eectingwithin the Coastal High Hazard Area (CHHA). Policy 101.14.1 Monroe County shall discourage developments proposed within the Coastal High Hazard Arca (CHHA )—_ {9J 5.006(3)(c)1] Policy 101.14.2 Monroe County shall prohibit the placement of mobile homes within the CHHA except on an approved lot within an existing mobile home park or st+bdiv } zoned f r such useURM Subdivision. [9J 5.012(3)(c)3} <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 80 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 101.15 Monroe County shall enforce and update maintain the existing Ssign Ordinance regulations 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 . . - • :.. existing Sign Ordinance and adopt revisions to the Land Development Regulations required to correct identified deficiencies and to eliminate illegal signage. Monroe County shall continue to eliminate non - conforming sigliage signs if damaged more than fifty percent of the pre- destruction market value of the sign. [9J 5.006(3)(c)1] <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 81 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 101.16 By January 1, 1998, Monroe County shall adeptmaintain guidelines and criteria consistent with nationally recognized standards and tailored to local conditions which provide for safe and convenient on -site traffic flow, adequate pedestrian ways and sidewalks, and sufficient on -site parking for both motorized and non - motorized vehicles. Policy 101.16.1 By January 1, 1998, Monroe County shall Regolation3maintain land development regulations which provide for safe and convenient on -site traffic flow, adequate pedestrian ways and sidewalks, and sufficient on -site parking for both motorized and non - motorized vehicles. {-93.- 5 440 4 -3- 0 - 41 <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 82 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 101.17 . • . .... _ • • . Policy 101.17.1 . . • . . , ' . • 1 . • . • . • . . , • 1 / • - • • • • . • • • l I •. - - Policy 101.17.2 • . • • . . . . . , . , . . . • • • . . . • . .. Policy 101.17.3 ' . . • • - . • .. .. • • • . , - • •• _ • ••, . . • - . . . • , • ,, • - • • • It , . • . • Policy 101.17.4 .. • • • .. . • • • • • , , • , , • , . .. , • . • • .. • . . • • .. • . . Y .. • . (The remainder of this page left intentionally blank.) Future Land Use Element 83 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 101.178 Monroe County hereby adopts the following proccdurcs and criteria shall protect established rights of landowners affected by the provisions of this Plan or the land development regulations; and, therefore adopts the following policies for the determination of vested rights and beneficial use and for the effect of such determination.. Policy 101.178.1 VESTED RIGHTS a) A determination of vested rights and beneficial use shall require: b) c) appointment of a hcaring officer who shall give noticc, schedule, and conduct a public hcaring on the application; d) • - - -. conclusions of law which shall be submitted to the Board of County Commissioners; and f g) a final Determination that shall specify the development rights that arc h) i) the geographic scopc of the Determination in relation to the total arca of j) k) the duration of the Dctcrmination and an cxpiration datc; 1) _ - _ •__ • whether the dcvclopmcnt is vcstcd for density, concurrcncy, and building location: n) e)1. - - ... • : • - • _ . . . . - Nothing in the Plan or the land development regulations; shall be construed to affect unexpired vested rights established by a prior vested rights determination of the County or by a court of competent jurisdiction. 2. verification that construction timely commences and quarterly reporting requirements to cnsurc that the dcvclopmcnt is continuing in good faith; a4 3 the Comprehensive Plan. 5. Policy 101.18.2 2. The land development regulations shall set forth standards and procedures for making administrative determinations of vested rights, in accordance with applicable state and federal law. 3. It shall be the duty and responsibility of a person alleging the existence of vested rights to demonstrate affirmatively the legal requisites of vested Future Land Use Element 84 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update rights, in accordance with the standards and procedures in the land development regulations. 4. Property owners shall have one (1) year from the effective date of the Comprehensive Plan or from a land development regulation, or an amendment thereto, to apply for a determination of vested rights. -1,5. For purposes of this policy, a vested right is defined as a development right acquired by a property owner where the owner (1) has relied in good faith (2) upon some representation, act or omission of Monroe County and (3) has detrimentally changed his position based on the reliance to the extent that it would be highly inequitable and unjust to destroy the right he acquired. In determining or otherwise considering vested rights, the County may consider all common law limitations and exceptions to the doctrine of vested rights. this Policy. that: one or more valid, unexpired permits or approvals issued by Monroe County, tights; or the criteria established in Section 380.05(18), F.S.; or with Section 9.5 181 through 9.5 184 of the Monroc County Land Development Regulations in effect as of September 15, 1986; or a valid, unexpired building permit issued prior to the effective date of this Comprehensive Pl an d inequitable or unjust to affect such rights by requiring the applicant to now Future Land Use Element 85 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update conform to the comprehensive plan and land development regulations. Substantial changcs of position or expenditures incurred prior to the official valid, uncxpircd Dcvclopmcnt of Regional Impact approval granted by the County shall be vested, but only with respect to the portion of the Dcvclopmcnt Policy 101.178.23 A vested rights determination shall not preclude the County from subjecting the proposed development to County land development regulations in effect on the date of the vested rights determination or adopted subsequent to the vested rights determination unless the development is shown to be vested with regard to the subject matter addressed by a prior development order and the specific requirements pursuant to the procedures and criteria of 101. -1- 817.1 and 101.18.2. Policy 101.178.34 A vested rights determination shall specify an expiration date by which all building permits necessary for development shall have been issued. The expiration date shall be reasonable and in no event later than the date specified in the original development order. Policy 101.178.48 BENEFICIAL USE 1. It is the policy of Monroe County to ensure that neither the provisions of this Comprehensive Plan nor the . : ! - - .. • - - ' - _ : - LDC shall result in an unconstitutional taking of private property. deprive a which is a lot or parcel of record as of the date of adoption of this Accordingly, Monroe County shall adopt a beneficial use procedure to provide a means to resolve a landowner's claim that a land development regulation or comprehensive plan policy has had an unconstitutional effect on property in a nonjudicial forum.Asse nuisance or to protect the health, safety and welfare of its citizens under Florida Law. For the purpose of this policy, all reasonable economic beneficial use shall mean the minimum use of the property necessary to Future Land Use Element 86 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update avoid the finding of a regulatory taking : : • - : • -' - : : .. - . •. - of time as established by under current land use case law. 2. The relief to which an owner shall be entitled may be provided through the use of one or a combination of the following: a) granting of a permit for development which shall be deducted from the Permit Allocation System; b) granting of use of transferable development rights (TDRs); c) Government purchase offer of all or a portion of the lots or parcels upon which there is noI beneficial use is prohibited. This alternative shall be the preferred alternative when beneficial use has been deprived by application of ten,' 8 Chapter 138 of the Land Development RegulatieRsCode. This alternative shall be the preferred alternative for Tier I, I1, or III - A(SPA) lands; d) such other relief as the County may deem appropriate and adequate. The relief granted shall be the minimum necessary to avoid the finding of a regulatory a"taking -' of the property under state and federal law. With respect to the relief granted pursuant to this policy or Policy 101.7.1 (Administrative Relief), a purchase offer shall be the preferred form of relief for any land within Tier I and Tier II, or Tier III -A (SPA). 3. Development approved pursuant to a beneficial use determination shall be consistent with all other objectives and policies of the GeffiffeheRsive Plan and Land Development RegulationsLDC unless specifically exempted from such requirements in the final beneficial use determination. 4. This policy is not intended to provide relief related to regulations promulgated by agencies other than the county or to provide relief for claims that are not cognizable in court at the time of application of this policy. Further, the procedures established for this policy are not intended, nor do they create, a judicial cause of action. 5. The land development regulations shall establish standards, procedures, and remedies for an administrative determination of beneficial use. <The Remainder of This Pape Intentionally Left Blank> Future Land Use Element 87 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 101.189 Monroe County recognizes that there presently exists a significant excess of platted residential subdivision lots relative to the County's carrying capacity based upon hurricane evacuation, traffic circulation, water quality and marine resources, and other level of service standards. The County further recognizes that lot owners who are unaware that they will be subject to the County's land development regulations may have unrealistic expectations concerning their ability to receive building permits. In order to avoid, to the extent possible, further unrealistic development expectations, Monroe County shall not approve a preliminary or final plat unless development of the plat would meet all of the requirements of Monroe County's land development regulations-inoluding, • • - -• .. . -: • .. -- -• . - - -, .. • _ _ - - - - - and shall not exceed the maximum density of the future land use category or the land use district, whichever is less. - - - _' _ . .. _ _ . _ .. - ... : _ : .: - • _ - Monroe County shall limit its approval of plats to those which only create buildable lots; areas of wetlands may be included in a plat as conservation areas. Policy 101.189.1 The County shall not approve plats for residential use unless a review of the proposed plat shows that the plat will meet all requirements of the comprehensive plan and land development regulations. f 3)(-s}1} Policy 101.189.2 Monroe County shall require that, upon approval, all plats include the following notice: NOTICE TO LOT PURCHASERS AND ALL OTHER CONCERNED INDIVIDUALS Purchase of a platted lot shown hereon confers no right to build any structure on such lot, nor to use the lot for any particular purpose, nor to develop the lot. The development or use of each lot is subject to, and restricted by, the goals, objectives, and policies of the adopted comprehensive plan and land development regulations implementing the plan; therefore, no building permits shall be issued by the County unless the proposed development complies with the comprehensive plan and land development regulations. Policy 101.18.3 Within the IS, IS -D, URM, URM -L and CFV land use districts (zoning), parcels platted as of September 15, 1986 shall not be further subdivided in a way that creates more net lots than the original plat. <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 88 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 101.1920 Monroe County shall address local community needs while balancing the needs of all Monroe County communities. These efforts shall focus on the human crafted environment and shall be undertaken through the Livable CommuniKeys Planning Program. Policy 1014920.1 Monroe County shall develop , maintain, and update periodically, as appropriate, with public input, the Livable CommuniKeys Community Master Plans. Community Master Plans will be develepeelmaintained in accordance with the following principles: 1. Each Community Master Plan will contain a framework for future development and redevelopment including the designation of growth boundaries and future acquisition areas for public spaces and environmental conservation; 2. Each Community Master Plan will include an Implementation Strategy composed of action items, an implementation schedule, and a monitoring mechanism to provide accountability to communities; 3. Each Community Master Plan will be consistent with existing Federal and State requirements and overall goals of the 28142030 Comprehensive Plan to ensure legal requirements are met. While consistency with the goals of the 20142030 Comprehensive Plan is paramount, the 20102030 Plan will be updated and amended where appropriate; 4. Each Community Master Plan will be closely coordinated with other community plans and other jurisdictions to ensure development or redevelopment activities will not adversely impact those areas; 5. Each Community Master Plan will include appropriate mechanisms allowing citizens continued oversight and involvement in the implementation of their plans. Through the Community Master Plans, programs for ongoing public involvement, outreach, and education will be developed; 6. Each Community Master Plan will include a Capital Improvements program to provide certainty that the provision of public facilities will be concurrent with future development; 7. Each Community Master Plan will contain an environmental protection element to maintain existing high levels of environmental protection as required in the 20142030 Comprehensive Plan; 8. Each Community Master Plan will include a community character element that will address the protection and enhancement of existing residential Future Land Use Element 89 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update areas and the preservation of community character through site and building guidelines. Design guidelines for public spaces, landscaping, streetscaping, buildings, parking lots, and other areas will be developed through collaborative efforts of citizens, the Planning Department, and design professionals reinforcing the character of the local community context; 9. Each Community Master Plan will include an economic development element addressing current and potential diversified economic development strategies including tourism management. The preservation and retention of valued local businesses, existing economies, and the development of economic alternatives will be encouraged through the process; 10. Each Community Master Plan will contain a Transportation Element addressing transportation needs and possibilities including circulation, safe and convenient access to goods and services, and transportation alternatives that will be consistent with the overall integrity of the transportation system not resulting in negative consequences for other communities; and 11. Each Community Master Plan will be based on knowledge of existing conditions in each community. The Planning Department will compile existing reports, databases, maps, field data, and information from other sources supplemented by community input to document current conditions; and 12. Each Community Master Plan will simplify the planning process providing clarity and certainty for citizens, developers, and local officials by providing a transparent framework for a continuing open dialogue with different participants involved in planning issues. Policy 101.2919.2 The Community Master Plans shall be incorporated into the 24192030 Comprehensive Plan as a part of the plan and be implemented as part of the Comprehensive Plan. The following Community Master Plans have been completed in accordance with the principles outlined in this section and adopted by the Board of County Commissioners: 1. The Master Plan for Future Development of Big Pine Key and No Name Key, dated August 2004 and adopted by the Board of County Commissioners on August 18, 2004 is incorporated by reference into the 2010 Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the term Objectives in the Comprehensive Plan and the term Action Item is equivalent to the term Policy; the meanings and requirements for implementation are synonymous. (Adopted by Ordinance 029 - 2004 Amended by Ordinance 020 - 2009 }_ Future Land t se Element 90 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update 2. The Livable CommuniKeys Master Plan for Tavernier Creek to Mile Marker 97 dated February 11, 2005 and adopted by the Board of County Commissioners on February 16, 2005 is incorporated by reference into the 2010 Comprehensive Plan. The term Strategies in the Master Plan is equivalent to the term Objective in the Comprehensive Plan and the term Action Item is equivalent to the term Policy; the meanings and requirements for implementation are synonymous. (Adopted by Ordinance 002 - 2005). 3. The Stock Island/Key Haven Livable CommuniKeys Plan Volume I is incorporated by reference into the 2010 Comprehensive Plan. The tefmOnly the Strategies denoted with a green checkmark in this Master Plan ishave been adopted and approved as equivalent to the term Objectives in the Comprehensive Plan -an. Only the ter- Action Item +sltems denoted with a green checkmark in this Master Plan have been adopted equivalent to the term Policy; in the meaningsComprehensive Plan. Strategies and Action Items without a green checkmark next to them are synenyffieus-.- {not considered to be consistent with the definitions of "Objective" and "Policy" and therefore do not serve as equivalents. Adopted by Ordinance 010 - 2007 }_ 4. Volume Two (2) of the Stock Island and Key Haven Livable CommuniKeys Master Plan titled Harbor Preservation/Redevelopment and Corridor Enhancement Plan dated November 2005 and incorporated by reference into the 2010 Comprehensive Plan. The-ter mOnly the Strategies denoted with a green checkmark in this Master Plan +shave been adopted and approved as equivalent to the term Objectives in the Comprehensive Plan -tom. Only the tent - Action Itom isltems denoted with a green checkmark in this Master Plan have been adopted equivalent to the term Policy; in the meaningsComprehensive Plan. Strategies and dents €er- implementatienAction Items without a green checkmark next to them are synenyfneinot considered to be consistent with the definitions of "Objective" and "Policy" and therefore do not serve as equivalents. Adopted by Ordinance 011- 20073_ 5. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the 2010 Comprehensive Plan. The- termOnly the Strategies denoted with a green checkmark in thethis Master Plan +shave been adopted and approved as equivalent to the term Objectives in the Comprehensive Plan-ant Only the Action Itom isItems denoted with a green checkmark in this Master Plan have been adopted equivalent to the term Policy; in the meaningsComprehensive Plan. Strategies and Action Items without a green checkmark next to them are synenymeu not considered to be consistent with the definitions of "Objective" and "Policy" and therefore do not serve as equivalents. Adopted by Ordinance 012 - 2007)_ Future Land Use Element 91 Keith and Schnars, P. k. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update 6. Lower Keys: The Lower Keys Livable CommuniKeys Master Plan is incorporated by reference into the Monroe County Comprehensive Plan. (Adopted By Ordinance 031 - 2012), Future Land Use Element 92 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update GOAL 102 Monroe County shall direct future growth to lands which are intfiftSie — most suitable for development and shall encourage conservation and protection of environmentally sensitive lands: {9J 5.006(3 (wetlands, beach berm and tropical hardwood hammock). [§163.3177(6)(41), F.S.I Objective 102.1 - • - • - - - - - - - - • - ' : - , Monroe County shall require new development to comply with environmental standards and environmental design criteria which will protect wetlands, native upland vegetation and beach/berm areas. Policy 102.1.1 The County shall protect submerged lands and wetlands. The open space requirement shall be one hundred (100) percent of the following types of wetlands: 1. submerged lands 2. mangroves 3. salt ponds 4. fresh water wetlands 2. mangroves 3. salt ponds 4. fresh water wetlands 5. fresh water ponds 6. undisturbed salt marsh and buttonwood wetlands Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and undisturbed salt marsh and buttonwood wetlands only for use as transferable development rights (TDRs) away from these habitats. Submerged lands, salt ponds, freshwater ponds, and mangroves shall not be assigned any density or intensity. <The Remainder of This Puj'e Intentionally Left Blank> Future Land Use Element 93 Keith and Schnars, P.A. Comprehensk Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 102.2 :. - . . - _ • _ ' . -, Monroe County shall adopt to themaintain Environmental Standards (Section 9.5 335118 -1) and Environmental Design Criteria (Section 9.5 315118 -6) of the Land Development Rege.lationsCode. These revisioneregulations will require new development to further protect disturbed-wetlands, native upland vegetation and beach/berm areas. Policy 102.2.1 Monroe County shall adopt- revisedmaintain environmental standards and environmental design criteria as indicated in Conservation and Coastal Management Policy 204.2.65. - - • - - .. .. . . - ' - . • that eliminate the net loss of disturbed wetlands. , Mitigation for wetland impacts shall be min -. ... - . • accordance with State requirements. In instances where mitigation is required by the U.S. Army Corps of Engineers but not by FDEP or SFWMD, Federal mitigation requirements shall : _ .. . . . . . : • . • 5.006(3)(e-)-1-and- 6apply; also soo Policy 201.3.1 and 201.3.1]_ Policy 102.2.2 Monroe County shall adopt adept—r-eviseElmaintain environmental standards and environmental design criteria as indicated in policies adopted pursuant to Conservation and Coastal Management Objective 205.2. that protects native upland vegetation and promotepromotes restoration of habitat values of native upland communities, including hardwood hammocks and pinelands. {93- 5:906(3)(0)6} Policy 102.2.3 Monroe County shall adept --re 'isedmaintain environmental standards and environmental design criteria as indicated in policies adopted pursuant to Conservation and Coastal Management Objective 206210.1. Those revised that will protect beach/berm resources. They will address by addressing permitted uses, siting of structures, disturbances, removal of invasive vegetation, and restoration of native vegetation in beach/berm areas.-49J- 6,e06E4)E0-1-and-64 <The Remainder of This Pate Intentionally Left Blank> Future Land Use Element 94 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 102.3 By January 4, 1997, Monroe County shall maintain land development regulations which will direct new development to areas having appropriate topography and soil conditions and to where site disturbance and man's activities will have fewer adverse effects on natural vegetation, terrestrial wildlife, natural landforms and marine resources. f9J 5.006(3)(b)1 and 1] f .5 163.3177(6)(a)3.e., F.S.j Policy 102.3.1 The Permit Allocation System (See Future Land Use Objectives 101.2 -6 through 101.4 and related policies) shall have the following environmental protection goals: 1. to reduce the exposure of residents to natural hazards; 2. to reduce disturbances to natural vegetation resource areas; 3. to reduce disturbances to terrestrial wildlife resources areas; 4. to reduce impacts of new development on nearshore waters; 5. to protect environmentally sensitive lands appropriate for conservation and resource protection; 6. to encourage infill development where existing lands are already substantially developed, served by complete infrastructure facilities and within close proximity to established commercial areas and have—few sensitive or that do not contain significant environmental f atureGareas of wetlands or native upland plant communities; 7. to ensure that the ecological integrity of natural areas is protected when land is developed; 8. to steer growth to the most appropriate areas and away from inappropriate areas. and 9. to reduce adverse impacts on endangered and threatened species. Accordingly, the Point System, which shall be used as the basis for the annual allocation of permits, shall assign negative and/or positive points to development applications that help to achieve the above environmental protection goals. (See Future Land Use Objective 101.3 -6 and related policies for a list of positive and negative factors to be included in the Permit Allocation System.) { 5.006(3)x] Future Land Use Element 95 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Policy 102.3.2 Monroe County shall require development clustering so as to avoid impacts on sensitive habitats and to provide for the preservation of all required open space in a contiguous, non - fragmented condition by requiring the following: 1. when a parcel proposed for development contains more than one (1) habitat type, all development shall be clustered on the least sensitive portion(s) of the parcel : and 2. development permitted on the least sensitive portion(s) of a parcel shall be clustered within that portion(s) of the parcel. (See Conservation and Coastal Management Policy 205.2.3). {9J 5.013(2)(o)3 }1$163.3177(6)(a), F.S.1 <The Remainder of This Puke Intentionally Left Blank> Future Land Use Element 96 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 102.4 Monroe County • - - - - - - . • - _ -- _ . - - - . - _ - • • - - - shall maintain prepare -a Land Acquisition Master Plan by July 1, 2005 containing strategies a strategy for securing funding and containing non - purchase options and strategies. aka • • .• ::-.• • . !!. and 9J 5.010(2)(c)3] Policy 102.4.1 The Monroe County Land Acquisition Master Plan shall be maintained be developed —and implemented by the Monroe County Land Authority in cooperation with the Growth Management Division, Monroo County Land Authority, FDEP, FDCA, FWC, USFWS and other responsible federal and state agencies. Monroe County shall encourage the State to target the acquisition of Tier I designated lands within the state's acquisition boundaries. Monroe County shall encourage the federal government to target the acquisition of lands containing suitable habitat for species listed under the Endangered Species Act. Policy 102.4.2 The Land Authority and the Growth Management Division shall identify the types of lands which shall be considered for acquisition.– These shall include the following priorities for acquisition: Priority One* • Lands designated as Tier I (Natural Areas) • Lower Keys marsh rabbit habitat and buffer area, as adopted with the Big Pine Key & No Name Key (BPK/NNK) Habitat Conservation Plan (Figure 2.2) and Incidental Take Permit • Lands containing known populations of federally- designated wildlife species Priority Two* • Lands designated as Tier II (BPK/NNKI • Lands designated as Tier III -A • Lands designated as Tier III for the retirement of development rights & hurricane evacuation clearance times • Lower Keys marsh rabbit focus area & buffer (excluding BPK/NNK)' (Permit Referral Process required by USFWS and FEMA) • Silver rice rat focus area & buffer' (Permit Referral Process required by USFWS and FEMA) Future Land Use Element 97 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Priority Three* • Lands designated as Tier III for employee and affordable housing • Lands with areas of deteriorated infrastructure where the cost of maintaining and/or repairing the infrastructure exceeds the value of private lands (developed or undeveloped) • Lands for potential recreational /park development & expansion (public access) • Lands within the FEMA "V" Zones (purchase parcels within V Zone to encourage growth away from more vulnerable areas) [see NOTEI Priority Four* • Key Largo wood rat & cotton mouse buffer areas' (Permit Referral Process required by USFWS and FEMA) • Adaptation action areal or lands in more "interior" locations for transitioning public facilities & directing development [see NOTEI • Lands within the Coastal High Hazard Area (CHHA) • Lands subject to saltwater inundation under the assumption of 3 inches to & 7 inches by 2030 [see NOTE' Criteria for the ranking of land acquisitions within the four priority areas shall include: 1) Consideration of the carrying capacity of the natural and man -made systems in the Florida Keys to continually accommodate further development; including hurricane evacuation clearance times. 2) The size and the location of the property and surrounding land uses., including management status (adjacent ownership, consolidation of parcels for management feasibility, maintenance costs, diversity of habitats, and the provision of habitat buffers). 3) The habitat type on the property with preference given to: a. Hardwood hammock & pinelands (upland habitats) b. Undisturbed wetlands c. Disturbed wetlands 4) Minimization of fragmentation of habitats (edge effect) and potential for successful restoration, if within a larger hammock area. 5) Percent of land surrounding the property that is already under public ownership. ' United States Federal Emergency Management Agency (FEMA) and United States Fish and Wildlife Service (FWS) required Monroe County to implement Permit Referral Process (PRP) to avoid impacts on federally listed (threatened or endangered) species. Focus and buffer areas are areas of potentially suitable habitat for nine federally protected species (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), as defined within the Biological Opinion issued by FWS on April 30, 2010. Future Land Use Element 98 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update 2 Adaptation action area means one or more areas that experience coastal flooding due to extreme high tides and storm surge, and that are vulnerable to the related impacts of rising sea levels for the purpose of prioritizing funding for infrastructure needs and adaptation planning. The Coastal High- Hazard Area is 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. * Priorities will be re- evaluated for recently federally listed species. NOTE: It should be noted that the science examining the impacts of climate change and sea level rise is still evolving and the County may want to consider postponing the acquisition priorities on this issue until a future date. .. •. . • a 2. restoration areas between fragmented hammocks to increase the are required open space under Policy 102.1.1; �. patches of upland native vegetation of one acre or greater in arca in Ticr III, 5. lands containing unique geologic features; protect fish or wildlife habitat, which cannot be adequately protected through 7. lands in Ticr 1I1 for employee and affordable housing that do not involve the S. lands which can be used, without adverse impacts on natural resources, for 9. lands which offer the opportunity for preservation of significant Future Land Use Element 99 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update 10. lands with habitat value on Big Pine Kcy and No Name Key to meet mitigation requirements of the Big Pine Kcy and No Namc Kcy Habitat • •••. Policy 102.4.3 Monroe County shall maintain and implement a land acquisition program in recognition of the critical need for the County to aggressively address the imbalance between development expectations of private property owners and the finite carrying capacity of the natural and man -made systems in the Florida Keys. Pursuant to Section 380.0552, F.S. and Rule 28- 20.140, F.A.C., this policy recognizes the public safety concern of maintaining a maximum hurricane evacuation clearance time of 24 hours. The Land Authority and Growth .• • .. •. - updated annually with public input. In formulating this list, the County shall prioritize Tier I lands over Tier II (Big Pine Kcy and No Name Kcy) and Ticr 111 lands. Outside the boundaries of Tier I, land with fragmented hammocks or pinclands of greater than one acre in arca and wetlands identificd in Policy 102.4.2, 2 shall be the second highest priority for acquisition. Acquisition of land upland tropical hammock or pincland of one acre or greater in area shall also be a top priority. [9J 5.006(3)(c)1 and 6] Policy 102.4.4 The Monroe County Land Acquisition Master Plan shall contain an acquisition financing plan which identifies sources of funding for acquisition of lands on the Priority List. Land acquisition will be a coordinated effort between the state and federal governments and the County. The County shall annually petition the state and federal government to accept primary responsibility for acquisition of Tier 1, conservation and natural lands and lands containing species listed under the Endangered Species Act. Monroe County shall support the efforts of federal agencies, state agencies, and private non - profit conservation organizations, to acquire land for conservation purposes. The County shall be responsible for and fragmcntcd hammock or pincland areas of one acre or greater. Land to implement the expanded acquisition program, including representatives of the Growth Management Division, Land Authority, municipalities and state and federal agencies. [9J 5.006(3)(c)4 and 6] Prey -1 4.6 the overall acquisition program, criteria to follow when sctting priorities for Future Land Use Element 100 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update acquisition and a framework for thc acquisition process and the sharing of 1. Environmental protection, dcnsity reduction and passive Tier I lands and for clusters of undisturbed wetland and tropical hardwood hammock, or pincland patches of one acre or grcatcr in size in Ticr II (Big Pine and No Name Key) and Tier 1I1; Conservation Plan for Big Pinc Key and No Name Kcy arc thc prime impetus for Ticr 11 (Big Pinc and No Namc Kcy) with ncighboring properties owncrs or non purchase options will also be explored and specific recommendations l • a larger, better hammock quality arca, and 1) maintenance costs for isolated parcels. 2. Affordable and employee housing: a) parcels in Ticr 11I suitable for the development or redevelopment of six or c) public /private /non profit partnerships and/or agreements will be utilized to Policy 102.4.57 Lands acquired through the Monroe County Land Acquisition Program shall be managed to restore, preserve, and protect the conservation, recreation, safety, hazard reduction, density reduction and affordability purposes for which the lands were acquired. (See Recreation and Open Space Objective 1201.7 -14 and related policies.) [9J 5.006(3)(c)1 and 61 Policy 102.4.6, Within one year of the adoption of the 2030 Comprehensive Plan, Monroe County, in cooperation with the Land Authority, shall create a program to provide a monetary incentive to private property owners to deed restrict their privately - Future Land Use Element 101 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update owned adjacent, vacant parcels to restrict residential development on the vacant parcels. Future Land Use Element 102 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Obivet • .. - - - - - ... . . . - - • ! - 1 .- , .. - .. - • , ` . .. .: • 3)41 Miff-1424A • - . .. . .. . • • - . - .. - . ... 1! - . z •• . • " . . . . . . _ . ... . - - . - - . _ - . .. ' , • • : . . .. • •: • • • Polic 1 m c 2 •.: „ _ .. - .. P 1 n2 c 4 4 55 ,,. • - .. • ' - • , -- • .. -. - .. . . • Coastal Mona- -- • - e . •- • - ! . :: - . .:. - , • ! ! : . . . Pe ic}, 11 nevi sv ! • ••_ Future Land Use Element 103 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update 9:•- - • ••_ Pol 102 c 8 ••• _ - - •_ - •• - • ••_ Future Land Use Element 104 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 102.65 Development of the mainland area of Monroe County shall be controlled so as to reduce public expenditures and to preserve the =vi-kl re statenatural, cultural and historic resources of the mainland area, as defined under the Wilderness Act. [9J 5.006( R163.3177(6)(a)3)(b)4}.f., F.S.] for Everglades National Park and Big Cypress National Preserve (U.S. Department of the Interior, National Park Service, 1989). [9J 5.006(3)(c)6} Policy 102.65.21 By January 4, 1997, Monroe County shall adopt Land Development Regulatieftsmaintain land development regulations pertaining to the Mainland Native Area District which: 1. prohibit construction of any roads or canals in mainland Monroe County that would permit new access into the mainland wilderness area or would alter the natural flow regimes of the Everglades or Big Cypress Swamp; and 2. prohibit development that would introduce human activities or habitations into the undisturbed portions of Everglades National Park or Big Cypress Swamp National Preserve. [9J 5. 006 (3)(c)6][$163.3177(6)(a)3.f., F.S.j < The Remainder of This Page Intentionally Left Blank> Future Land Use Element 105 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 102.76 Monroe County shall regulate land use activities on the islands in the surrounding waters - • :: :: : - : • ffshore islands within the legal boundaries of Monroe County. [9J 5.012( [ §163.3177(6)(a)3)(b)1 and 1; 9J 5.006(3)(b)1 }.f., Policy 102.7.1 By January 4, 1998, Monroe County shall expand its Geographic Information offshore islands in the Upper, Middle and Lower Keys (in public and private whi T public facilities and services. .. - •- - • .- - .. . . and from the Florida Keys National Marine Sanctuary Management Plan 997, Within one (1) year of the adoption of the Plan, Monroe County shall adopt_ Land land d evelopment regulations which will further restrict the activities permitted on offshore islands. These shall include the following: 1. development shall be prohibited on offshore islands (including spoil islands) which have been documented as an established bird rookery or nesting area based on resource agency best available data or surveys (See Conservation and Coastal Management Policy 207206.1.32.); 2. _ .. . . : - - - - : . - • : : ;new +miningresource extraction pits shall be prohibited on offshore islands; permitted uses by right on islands (which are not bird rookeries) shall uses, and homc occupations (subjcct to a special use permit requiring a 3. campgrounds and marinas shall not be permitted on offshore islands; however, temporary primitive camping by the owner, in which no land clearing or other alteration of the island occurs, shall be the only use of an offshore island which may occur without necessity of a permit; Future Land Use Element 106 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update 4. the use of any motorized vehicles including, but not limited to, trucks, carts, buses, motorcycles, all - terrain vehicles and golf carts shall be prohibited on ffshore islands that do not contain any development; 5. planting with native vegetation shall be encouraged whenever possible on spoil islands; and 6. County public facilities and services, excluding electricity over which the Public Services Commission of the State of Florida exercises jurisdiction, shall not be extended to offshore islands. The extension of public facilities shall be required to comply with Policy 101.12.2. {-93-5,006(3)(06-} Policy 102.76.32 Monroe County shall discourage developments proposed on offshore islands by methods including, but not limited to, designati_ged offshore islands as Tier I Lands—M-5,0068-00k <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 107 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 102.87 Monroe County shall take actions to discourage new private development in areas designated as units of the Coastal Barrier Resources System (CBRS). {93- 34)06(3)(b)4} Policy 102.87.1 Monroe County shall discourage new developments which are proposed in units of the - . .• - : - • - .. - - _ BRS) {93- 5.006(3)(43)}: including the assignment of negative points in the permit allocation system. Policy 102.87.2 - - - • • - - - . . - - • - ' • - , 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). f 93- 5.003(3)(c)6} This does not preclude the maintenance, repair and replacement of existing bridges, causeways, paved roads and lawful commercial marinas. Policy 102.87.3 By January 1, 1997, aShoreline hardening structures, including seawalls, bulkheads, groins, rip -rap, etc., shall not be permitted along shorelines of CBRS units. [93-3- 006(3)0)61 Policy 102.87.4 Privately -owned undeveloped land located within the CBRS units shall be considered for acquisition by Monroe County for conservation purposes - - - ' - - - - - • . . . - ' • _ 34006(3)0)6}, Policy 102.87.5 Monroe County shall ^effort te- _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: 1. a map of the areas of Monroe County which are included in CBRS units; 2. a copy of the Executive Summary in Report to Congress: Coastal Barrier Resources System published by the U.S. Department of the Interior, Coastal Barriers Study Group, which specifies restrictions to federally subsidized development in CBRS units; and 3. Monroe County policies regarding local efforts to discourage both private and public investment in CBRS units_ [93- 5:006(3)(s)6} Future Land Use Element 108 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 102.98 Together with other responsible state and federal agencies, Monroe County shall ontinue to implement a cooperative land management program for publicly owned . : ..' . - _ - . - - - . . . - , . _ - , , !, • ! . , --. ! - .. - GapeeityStudy7conservation lands. f $163.3177(6)(a)3.f. F.S.} Policy 102.98.1 Monroe County shall discourage developments which are proposed in Tier I through the permit allocation system and the LDC. f9J- 5 006(3)(c)6r} Policy 102.98.2 Monroe County, in cooperation with appropriate state and /or federal agencies, shall • - . .. • • _ .. - continue to develop policies to direct the over -all management iffegfamstrategies for publicly owned nati 'econservation lands. Changes in p lip- andspecific management strategies may be modified as-the program progresses, acquisitions continue and new information becomes available through biological research or monitoring of the managcmcnt units. [9J 5.006(3)(c)3 }_ Policy 102.9.3 protection, restoration and management of acquired lands. Management Policy 1- 02.9.4 deral agencies. Revisions to each management plan r,ha11 be made as necessary to reflect recent land acquisitions and changing management prioritics. [9J 5.006(3)(e)6] <The Remainder of This PaLe Intentionally Left Blank> Future Land Use Element 109 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update GOAL 103 Monroe County shall implement regulations and programs to address the special environmental protection and/or traffic circulation needs of those areas of Big Pine Key, and North Key Largo • .. _ : 1'Z' • 3 , - - . e _ .. - - 9 _ The Gea Objective and Policies of this Plan will replace the Focal Point Plans. {93- 3.006([4 163.3177(6)(a)3)(-19)4-and-44.f. F.S.] Objective 103.1 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, the Livable CommuniKeys Master Plan and the Habitat Conservation Plan, for Big Pine Key and No Name Key in order to: (01. protect the Key deer (Odocoileus virginianus clavium); (-13)2. preserve and enhance the habitat of the Key deer; (-03. limit the number of additional vehicular trips from other islands to Big Pine Key and No Name Key; (d)4. maintain the rural, suburban, and open space character of Big Pine Key and No Name Key; and (-W. prevent and reduce adverse secondary and cumulative impacts on Key Deerdeer. [9J 5.006(3)(b)1 and 4] Policy 103.1.13 Monroe County shall identify Key deer habitat areas as- priority acquisition sites for conservation purposes, pursuant to Policy 102.4.2. Emphasis shall be placed upon acquisition of movement corridors, sources of fresh water, and undisturbed native vegetation areas which are located within Improved Subdivisions and which are outside of the acquisition areas identified by theSUSFWS (for the National Key Deer Refuge), DNRFDEP (for the Coupon Bight CARL Project), and SFWMD (for the Big Pine Key Save Our Rivers project). • (See Objective 102.4 and related policies.) {9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 61 Policy 103.1.24 Monroe County shall support, wherever possible, the efforts of federal agencies, state agencies, and private non - profit conservation organizations, to acquire land for conservation purposes within habitat areas of the Key deer. {9J 5.012(3)(c)1; Future Land Use Element 110 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Policy 103.1.13 Monroe County, in conjunction with the PALSUSFWS, shall implement activities to prohibit the destruction of the federally- designated endangered Key deer and to protect its habitat by addressing: 1. enforcement of animal control laws; 2. incorporation of management guidelines into development orders; 3. construction of fences; 4. roadside management techniques; 5. feeding laws; 6. speed limit enforcement; 7. removal of invasive plants; 8. distribution of management guidelines to private landowners; 9. attainment of Key deer management objectives; and—(See Conservation and Coastal Management Objective 207.7206.4 and supporting policies.)[9J 5.012(3)(b)1; 9J 5.013(2)(b)6} and 10. secondary and cumulative impacts by, among other things, adopting and implementing appropriate land development regulations. <The Remainder of This Paize Intentionally Left Blank> Future Land Use Element 111 Keith and Schnars, P. k. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 103.2 Monroe County, in coordination with the FWSUSFWS, shall regulate future development and coordinate the provision of public facilities in North Key Largo consistent with the Goals, Objectives and Policies of this Comprehensive Plan in order to maintain the rural and open space character of North Key Largo, as well as to preserve and enhance the habitat e€feur-{4) speoies-of animals listed as endangered under the Endangered Species Act, including, but not limited to the American crocodile (Crocodylus acutus), the Key Largo wood rat (Neotoma floridana small ;), the Key Largo cotton mouse (Peromyscus gossypinus allapaticola), and the Schaus swallowtail butterfly (Heraclides aristodemus ponceanus). North Key Largo is defined as that portion of Key Largo Located between the junction of State Road 905 and U.S. Highway 1 and the Miami -Dade County boundary at Angelfish Creek. [9J -.006( [ §163.3177(6)(a)3)(4)-1-and- 4].f., F.S.] Policy 103.2.1 Monroe County shall implement methods including, but not limited to, designating known habitat of the Schaus swallowtail butterfly as Tier I. {9J- ; 1 . - :: f &163.3177(6)(031, F.S.1 Policy 103.2.32 By January 1, 1997, Monroe County shall Develepment—Regulationsmaintain land development regulations pertaining to development siting and clustering so as to avoid impacts en-to sensitive habitat s and to provide for the retention of contiguous open space by requiring the following: 1. when a parcel proposed for development contains more than one (1) habitat type, all development shall be clustered on the least sensitive portion(s) of the parcel (as is currently required); and 2. development permitted on the least sensitive portion(s) of a parcel shall be clustered within that portion(s) of the parcel. (See Conservation and Coastal Management Policy 205.2.3.) [9J 5.013(2)(c)31 Policy 103.2.43 _ .. . _ .: : . ' _ . : _ _ _ . - , Monroe County shall require that the following analyses be undertaken prior to finalizing plans for the siting of any new public facilities, excluding electricity over which the Public Services Commission of the State of Florida exercises jurisdiction or the significant expansion (greater than 25 percent) of existing public facilities, excluding electricity over which the Public Services Commission of the State of Florida exercises jurisdiction: 1. assessment of needs; 2. evaluation of alternative sites and design alternatives for the selected sites; and Future Land Use Element 112 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update 3. assessment of impacts on surrounding land uses and natural resources. The assessment of impacts on surrounding land uses and natural resources will evaluate the extent to which the proposed public facility involves public expenditures in the coastal high hazard area and within environmentally sensitive areas, including disturbed salt marsh and buttonwood wetlands, undisturbed beach/berm areas, units of the Coastal Barrier Resources System, undisturbed uplands (particularly high quality hammocks and pinelands), habitats of species considered to be threatened or endangered by the state and/or federal governments, offshore islands, and Conservation Land Protection Areas. Monroe County shall require that public facilities be developed on the least environmentally sensitive lands and shall pri- discourage the location of public facilities on North Key Largo, unless no feasible alternative exists and such facilities are required to protect the public health, safety, or welfare. Polli,5 :, _ _. . , - _. _ .. . .. . - -- - _ • • 9J 5.013(2)(0)5 and 6} Policy 103.2.64 Monroe County shall implement activities to protect the habitat and prohibit the destruction of the: 1. American crocodile (See Conservation and Coastal Management Objective 218206.5 and supporting policies); 2. Schaus swallowtail butterfly (See Conservation and Coastal Management Objective 28771-0206.7 and related policies); and 3. the Key Largo wood rat and the Key Largo cotton mouse (See Conservation and Coastal Management Objective 207.12206.9 and related policies.) and 3:4. known locations of Stock Island tree snail (See Conservation and Coastal Management Objective 206.8 and related policies). 9J 5.012(3)(b)1; 9J 5.013(2)(b)6][§ 163.3177(6)(03.f F.S.] Policy 103.2.75 Monroe County shall identify native upland habitats used by the Schaus swallowtail butterfly and the Key Largo wood rat and the Key Largo cotton mouse as priority acquisition sites for conservation purposes, pursuant to Policy 102.4.2. Emphasis shall be placed upon acquisition of native upland sites which are located within Improved Subdivisions and which are outside of the acquisition Future Land Use Element 113 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update areas identified by the FWS (for the Crocodile Lake National Wildlife Rcfugc), and DNR (for the Kcy Largo Hammock CARL Project).other resource agencies. Park Program. (Sec Objective 102.1 and related policies.) [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6} Poli 102 8 . . • • • ":- . - ' -•• '- - - - • _ Biscaync Bay Card Sound State Aquatic Preserve. (Sec Objective 102.9 and related policies.) [9J 5.006(3)(b)4} Policy 103.2.96 Monroe County shall support, wherever possible, the efforts of federal agencies, state agencies, and private non - profit conservation organizations, to acquire land for conservation purposes within North Key Largo. [9J 5.012(3)(c)l; 9J 5.013(2)(c)5 and 6]A163.3177(6)(a)3.f., F.S. Policy 103.2.4 -07 Monroe County shall take immediate actions to discourage private development in areas designated as units of the Coastal Barricr Resources System.CBRS. (See Objective 102.8 -7 and related policies.) [9J 5.006(3)(b)11 Future Land Use Element 114 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update rccommcnd mitigation mcasurcs, if any. Policy 103.2.12 require that the Monroe County Biologist visit the site of all development need for any federal or statc permits. Poliey 103.2.13 U.S. Fish and Wildlife Service and the Florida Game and Fresh Water Fish Commission. Policy 103.2.1-48 Monroe County, in conjunction with the FWSUSFWS, shall implement activities to prohibit the destruction of the federally- designated threatened and endangered species and to protect its habitat by addressing: 1. enforcement of animal control laws; 2. construction of fences; 3. roadside management techniques; 4. feeding laws; 5. speed limit enforcement; 6. removal of invasive plants; 7. distribution of management guidelines to private landowners; and 8. attainment of endangered species management objectives. <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 115 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update - -- • - - and environmental sensitivity of thc wetland system on that Kcy that serves as habitat for a thr atened under thc Endangered Species Act. Policy 103.3.3 • -- ' . " -- • ' - - -- - of adverse impact to be established by the Monroe County Biologist). (Sec Policy 101.5.4) [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and 6] By January 4, 1997, the Land Development Regulations will be revised to address the issues in the focal point plans for all four ACCC dcsignations as stipulated in Objectives 103.1 to 103.3 policies. Policy -103 1 By January 4, 1997, the Land Development Regulations will be revised to eliminate the ACCC Future Land Use Element 116 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update GOAL 104 Monroe County shall recognize, designate, protect, and preserve its historic resources. {9J- 5.006( (a)} N 1 63.3 1 77(6)(a)3.f., F.S.1 Objective 104.1 Monroe County shall ta bli 3 h and maintain a comprehensive inventory of historical and archaeological resources within unincorporated Monroe County. , struc tures, districts, sites, objects ' -. - . • .! Policy 104.1.1 The Monroe County Growth Management Division shall establish maintain an inventory of all known historical and archaeological resources through use of the Florida Master Site File maintained by Florida's Division of Historical Resources, as documented in the "Future Land Use Element" of the Monroe County Comprehensive Plan Technical Document Update, May 2010. . _ • - . . • .. - - - • .. " . - .• - - • - and thc Archaeological and Historical Conservancy surveys of thc Florida Keys. f } Policy 104.1.2 The Monroe County Growth Management Division shall update the inventory of historical and archaeological resources on an annual basis as new historical and archaeological resources are identified, by completing and submitting necessary documentation to the Division of Historical Resources for new resources' inclusion in the Florida Master Site File. Landowners and other interested parties may also add historical and archaeological resources to the inventory. [9J 5.006(3)(c)8] • • ' - - .lete a comprehensive historic This survey shall also identify historic housing and define thc bounds of any Islamorada, and in Marathon. [9J 5.006(3)(c)8] Site File forms to the Statc Department of Historic Resources for any historic the Florida Master Site File. [9J 5.006(3)(c)8] ••• - Lh• information pertaining to historic resources. The computerized data basc shall Future Land Use Element 117 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update . . ' - . - • .. _ ' _ - . •. . _ .. _. . .. of this proposcd system shall be an interface with the County's Geographic Rcgister or Florida Keys Historic Rcgistcr (Scc Objcctivc 104.2 and related policies). [9.1 5.006(3)(c)8} <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 118 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 104.2 Monroe County shall formally recognize significant historical and archaeological resources by designating them as local historic, cultural and/or archaeological landmarks /districts on the Florida Keys Historic Register and /or supporting the nominationng of appropriate resources on the National Register of Historic Places. and /or the Florida Keys Historic Register_. [9J 5.006(3)(b)4} Policy 104.2.1 Monroe County shall maintain land development regulations which define the procedures for designating resources as local historic, cultural and archaeological landmarks /districts on the Florida Keys Historic Register. revise the Land protection of local historical, archaeological and cultural rcsourccs. At a minimum, theThe Land Development Code shall: Regulations should be 1. authorize establish a Florida Keys Historic Register to which local historic, cultural and archaeological landmarks /districts of local signifcance -are named; 2. authorize establish a review committee and provide for an historic /archaeological review of resources nominated to the Florida Keys Historic Registe • . - . - .. • - - - •- .. - ; 3. list the criteria and procedure for selecting a review committee; 4. specify criteria and procedures for designating significant historic and archaeological resources as local historic, cultural and archaeological landmarks on the Florida Keys Historic Register, guided by the criteria for designation to the National Register of Historic Places; significance; 5. include procedures for designation of local historic districts and Historic (H) overlay zones on the FLUM; and 6. describe the consequences of local designation, such as restrictions on structures; 7 S. provide proccdurcs for enforcement; 9. 10. specify the penalties and /or mitigation measures for non compliance; ' . Future Land Use Element 119 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update 12.6. provide for the documentation and protection of sites which are not listed designated as local historic, cultural and archaeological - landmarks but are discovered through the development process or otherwise discoveredand Policy 104.2.2 Annually, all historical and archaeological resources that are listed on the National Register of Historic Places shall be considered by the review committee for designation as local historic, cultural and /or archaeological landmarks on .. _ - . _ - .. - - - - - . - . - - - . _ - - the Florida Keys Historic Register_ of historic places: -- - • • • • • • !!. Policy 104.2.3 Keys Historic Register. The Monroe County Growth Management Division shall provide information and technical assistance to property owners awl . - • . ' - - •. ..: who wish to prepare nominations to the Florida Keys Historic Register. [9J 5.006(3)(c)8] Policy 104 4 • • - - - - - . - • • 1 old overseas railroad bridgcs identified in the AHC Architectural Windshield - . .. . • •. 0 archaeological sites identified in the AHC 1988 survey as eligible for nomination Future Land Use Element 120 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Policy 104.2.45 Monroe County shall may nominate or support nominations of additional c othcr historic resources to the National Register of Historic Places as needed.ese resources are identified. [9J 5.006(3)(c)8 }J$ 163.3177(6)(a)3.f., F.S.] <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 121 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 104.3 Monroe County shall adopt and implement measures for the protection and preservation of designated local historic, cultural and archaeological landmarks /districts.histeric resourees: {9J- 5.006(3)(b)4] Policy 104.3.1 By January 4, 1997, Monroe County shall Regulatiensmaintain land development regulations that provide protection for designated local historic, cultural and archaeological landmarks /districts listed on the Florida Keys Historic Register. The adopted LDRsLDC shall: 1. establish—authorize a historic /archaeological review board to review development proposals which impact designated local historic, cultural and archaeological landmarks /districts- Eesesrces; 2. list the qualifications and selection criteria for review board members; 4 _ . . . •. • t, 7-3. specify the restrictions on archaeological sites resulting from local designation. Establish standards to address the siting and design of proposed developments to minimize impacts on archaeological resources, and the proper documentation and recording of the site including retrieving of artifacts; &4. specify the restrictions on the demolition and alteration of historic structures resulting from local designation. Establish standards to evaluate alterations to historic structures which are consistent with the U.S. Department of the Interior's "Standards for Rehabilitation "; M. specify the restrictions on historic districts resulting from local designation. Establish exterior architectural standards to evaluate development proposals within designated historical districts with the intent of encouraging compatibility with the architectural features of historical significance to the particular district; -1-076. establish a procedure for reviewing development and redevelopment proposals which impact designated local historic, cultural and archaeological landmarks /districts resources; -1 --1-7. specify procedures where development activities uncover unknown archaeological resources; Future Land Use Element 122 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update 4-2,8. provide procedures for enforcement and consequences of non - compliance; 43-9. provide incentives such as transfer of development rights, tax credits, tax relief, special property tax assessments, building code waivers, building application fee exemptions, zoning variances, and FEMA exemptions to encourage the conservation and rehabilitation of privately -owned designated local historic, cultural or archaeological landmarkshisterie resources; and -14 10. specify permitting and review procedures that reconcile redevelopment of designated local historic, cultural and archaeological landmarks h,,i tericaI buildings and sites with their potential non - conforming status. {9J 5.006(3 }(c)8-} Pollicy X04 2 The County shall evaluate the possibility of incorporating effects of proposed developments on historic resources into the Point Systcm established by Land Use - e:•- • - s •t X04.3:3 drafted to meet thc requirements of thc Department of thc Interior's "Certified Local Government Program" which shall enable Monroe County to qualify for Development Regulations pursuant to Policy 101.3.1, Monroc County shall - _ _ • • • 11 Policy 104.3.42 Monroe County shall require that establish architectural guidelines be drafted and approved by Monroe County for each designated #historic District listed on the Florida Keys Historic Register. These guidelines shall be drafted by the nominating agency, and shall be approved by a qualified historic preservation professional. The guidelines shall be reviewed and approved by Monroe County within one year of acceptance of the 13district on the Florida Keys Historic Register. <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 123 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 104.4 Monroe County shall adopt and implement measures for the protection and preservation of historic resources on public lands. [006( [§163.3177(6)(03)(13)44.f., F.S.1 Policy 104.4.1 Monroe County shall coordinate with the lessee of Pigeon Key to ensure that the renovation and use of the County-owned island retains the historical and architectural character of the site, and allows a reasonable amount of public access. Policy 104.4.2 Monroe County shall coordinate with county, state and federal agencies to identify, monitor and protect historic resources located on public lands (See Future Land Use Objective 102.81 and related policies). {93- 5:006(3)(c)8] f& 1 63.3 1 77(6)(a)3.f., F.S.1 Policy 104.4.3 Development plans on County-owned lands which contain designated local historic, cultural and archaeological landmarks listed on the Florida Keys Historic Register shall be subject to review by the historic /archaeological review board established pursuant to Policy 104.3.1(efl. {9J 5.006(3)(c)8] [§ 1 63.3 1 77(6)(a)3.f., F.S.1 Policy 104.4.4 Monroe County shall increase its participation in the resource planning of federal and state owned parks, wildlife refuges, military installations and other state or federal properties. Monroe County shall review resource plans, development plans and master plans prepared for these areas, evaluate impacts on historic resources, and submit comments to the appropriate agencies. {93- 37006(3)(o)8] [§ 163.3177(6)(a)3.£, F.S.1 Policy 104.4.5 Through a lease agreement, Monroe County shall require that the lessee of Pigeon Key or any other County-owned local historic, cultural or archaeological landmark designated on the Local or National Register: 1. conform, at a minimum, to the Secretary of the Interior's Standards for Rehabilitation for any permanent or temporary development of the site; and 2. retain the historical, architectural, and /or archaeological integrity of the site, as approved by a professional who meets the appropriate Professional Qualifications specified in the Code of Federal Regulations, Section 61, Number 36. {93- 37006(3)(c)8] f & 163.3177(6)(a)3.f., F.S.1 Future Land Use Element 124 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Policy 104.4.6 Before the County may sell Pigeon Key, Monroe County shall develop and adopt architectural guidelines for this National Register Historic District. Future Land Use Element 125 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 104.5 Monroe County shall seek to increase public awareness and appreciation of the historic resources and historic preservation activities in the County. {93- 37986 (-3- )(b)4]f 163.3177(6)(a)3.f., F.S. Policy 104.5.1 Monroe County shall coordinate with the following organizations and individuals to identify opportunities for joint public education and funding efforts : 1. Local preservation groups in unincorporated Monroe County; 2. The Key West historic preservation planner and other historic preservation leaders; 3. Historic Florida Keys Foundation Preservation Board; 4. Federal agencies including the National Park Service, U.S. Fish and Wildlife Service, and NOAA; 5. State Agencies including the FDEP Division of Parks and Recreation, and State- Division of Historical Resources; 6. Florida Trust for Historic Preservation; 7. Monroe County School Board; and 8. Local libraries. [9J 5.006(3)(c)8] Poliey484 54 Historic Register listings, archaeological surveys, and historic architectural [9J 5.006(3)(c)8} Policy 104.532 By January 1, 1998, Monroe County . - - • . • - - • .. - ' - - shall continue to seek funding from the Tourist Development Council to create and implement a historic marker program and a historic map /guide to increase public awareness and appreciation of the County's history and historic resources. [9J 5.006(3)(c)8] ..• - -- -' - .- Future Land Use Element 126 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update for listing on the Florida Kcys Historic Register or National Register and apprise owners of the associated benefits of listing. [9J 5.006(3)(c)8} Policy 104.5.63 Monroe County shall promote public knowledge of local, state and federal programs and incentives designed to assist owners of historic properties. f 9J- 5.006(3)(c)8 M 163.3177(6)(a)3.f., F.S.] Policy 104.5.64 Monroe County shall identify community leaders with an interest in historic preservation and provide technical assistance for the formation of new citizen - based historic preservation groups. These groups will aid the County in generating interest and raising funds for local historic preservation activities. Areas which could benefit from a citizen support group include the Pigeon Key Marathon. [9J 5.006(3)(c)8] <The Remainder of This PaLe Intentionally Left Blank> Future Land Use Element 127 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 104.6 Monroe County shall coordinate with public agencies and non -profit organizations to protect, preserve and increase awareness of historic resources. [9r c 006(wt,)4] [§1 63.3 1 77(6)(a)3.f., F.S.l Policy 104.6.1 Monroe County shall involve local historic preservation groups in the planning process. The County will apprise groups of historic preservation planning efforts, request their comments and solicit their support. [9J 5.006(3)(c)8] Policy 104.6.2 Monroe County shall include archaeological sites identified by local historic preservation groups on the priority list of Natural Heritage and Park acquisition sites. (Sec Future Land Use Objective 102.4 and related policies.) Policy 104.6.3 Monroe County shall encourage and facilitate acquisition of historic sites suitable for cultural, tourism, recreation or conservation uses by federal, state and local agencies, non - profit historic preservation groups, and non - profit conservation organizations [9J 5.006(3)(c)8] Policy 104.6.4 Monroe County shall assist property owners of historically or architecturally significant structures in applying for and utilizing state and federal assistance programs. By January 4, 1998, the County shall identify available public and private €e44 1. Perform emergency repairs and tenting for termites for historic structures on Pigcon Kcy; on Pigcon Kcy; and 3. Develop architectural guidelines for Tavernier once a local historic district is established. [9J 5.006(3)(c)8] Poliey4 -04..5 • S • - - 1. Conduct a historic architectural building survey for unincorporated Monroe County which shall identify potential historic districts and Future Land Use Element 128 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update and the Florida Kcys Historic Register with historic markers and • • . - historic preservation projects: 1. Develop architectural guidelines for any historic districts listed on the Florida Kcys Historic Register; 2. Develop a computerized system for the inventory of historic resources • 1. -• - • - - - - • - - written rccords and recording recollections of remaining early settlers in /1. Complete detailed documentation and research for remaining historic resources which may be eligible for the Local or National Register. [9J 5.996(3 }8} <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 129 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update GOAL 105 Monroe County shall eadertalremaintain a comprehensive land acquisition program and smart growth initiatives in conjunction with its Livable CommuniKeys Program in a manner that recognizes the finite capacity for new development in the Florida Keys by providing economic and housing opportunities for residents without compromising the biodiversity of the natural environment and the continued ability of the natural and man -made systems to sustain livable communities in the Florida Keys for future generations. Obiective 105.1 Monroe County shall continue to implement smart growth initiatives in conjunction with its Livable CommuniKeys and Land Acquisition Programs which promote innovative and flexible development processes to preserve the natural environment, maintain and enhance the community character and quality of life, redevelop blighted commercial and residential areas, remove barriers to design concepts, reduce sprawl, and direct future growth to appropriate infill areas. f & 163.3177(6)(a)2.e., F.S.] Policy 105.1.1 Monroe County shall create an economic development framework for a sustainable visitor -based economy, not dependent on growth in the absolute numbers of tourists that respects the unique character and outdoor recreational opportunities available in the Florida Keys. Within three (3) years after the adoption of the 2030 Comprehensive Plan, the County will, with input from the business community and other stakeholders, develop an Economic Sustainability Element, which focuses upon and promotes redevelopment, considers the increasing cost of climate adaptation and the protection of property. Policy 105.1.2 Monroe County shall prepareenforce the design guidelines reestablished within the Livable CommuniKeys Plans and its land development regulations which ensure that future uses and development are compatible with scenic preservation and maintenance of the character of the casual island village atmosphere of the Florida Keys. Policy 105.1.3 Monroe County shall - prepare, through its development standards and amend-the Land Development ' =_ - -- _ - - • . . . - . _ . . ode, continue to foster the retention and redevelopment of small businesses on the U.S.-#-1. Policy 105.1.4 Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall prepare redevelopment standards and- within one year afterwards, shall amend the LDC to address the large number of non - conforming commercial structures that are non - compliant as to on -site parking, construction and shoreline setbacks, stormwater management, landscaping and buffers. By identifying the existing character and constraints of the different island communities, regulations can be adopted that provide Future Land Use Element 130 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update incentives for redevelopment and permit the continuance of businesses while moving towards an integrated streetscape. Policy 105.1.5 Monroe County shall . .. - . . - - - - • ' . . . ' . . ! - .. - ' . - - - - • - • - - - - :maintain a residential permit allocation system to directthat directs the preponderance of future residential development to areas designated as an overlay on the zoning map(s) as Infill (Tier 111) in accordance with Policy 105.6_42.2. -- .- - allocation system in a manner that implements Policies 105.2.1 and 105.2.15 and is consistcnt with and furthers this Plan. <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 131 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 105.2 Monroe County shall implememmaintain with assistance of the state and federal governments, a 20 -year Land Acquisition Program to: 1) secure funding for saner- ien . • • - - . .. .. - - : • • • -1 . • : - . : - nvironmentally sensitive lands; 2) retire development rights on privately -owned vacant lands to limit further sprawl and equitably balance the rights of property owners with the long -term sustainability of the Keys man -made and natural systems; and, 3) secure and retain lands suitable for affordable housing. This objective recognizes the finite limits of the carrying capacity of the natural and man -made systems in the Florida Keys to continually accommodate further development and the need for the significant expansion of the public acquisition of vacant developable lands and development rights to equitably balance the rights and expectations of property owners. This includes the recognition that Monroe County must ensure public safety through the ability to maintain a 24 -hour hurricane evacuation clearance time. Policy 105.2.1 Monroe County shall designate all lands outside of mainland Monroe County, except for the Ocean Reef planned development, into three general categories for purposes of its Land Acquisition Program and smart growth initiatives in accordance with the criteria in Policy 205.1.1. These three categories are: Natural Area (Tier 1); Transition and Sprawl Reduction Area (Tier II) on Big Pine Key and No Name Key only; and Infill Area (Tier III). The purposes, general characteristics, and growth management approaches associated with each tier are as follows: 1. Natural Area (Tier I): Any defined geographic area where all or a significant portion of the land area is characterized as environmentally sensitive by the policies of this Plan and applicable habitat conservation plan, is to be designated as a Natural Area. New development on vacant land is to be severely restricted and privately owned vacant lands are to be acquired or development rights retired for resource conservation and passive recreation purposes. However, this does not preclude provisions of infrastructure for existing development. Within the Natural Area designation are typically found lands within the acquisition boundaries of federal and state resource conservation and park areas, including isolated platted subdivisions; and privately -owned vacant lands with sensitive environmental features outside these acquisition areas. 2. Transition and Sprawl Reduction Area (Tier II): Any defined geographic area on Big Pine Key and No Name Key, where scattered groups and fragments of environmentally sensitive lands, as defined by this Plan, may be found and where existing platted subdivisions are not predominately developed, not served by complete infrastructure facilities, or not within close proximity to established commercial areas, is to be designated as a Transition and Sprawl Reduction Area. New development is to be discouraged and privately owned vacant lands acquired or development rights retired to reduce sprawl, ensure that the Keys carrying capacity is Future Land Use Element 132 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update not exceeded, and prevent further encroachment on sensitive natural resources. Within a Transition and Sprawl Reduction Area are typically found: scattered small non - residential development and platted subdivisions with less than 50 percent of the lots developed; incomplete infrastructure in terms of paved roads, potable water, or electricity; and scattered clusters of environmentally sensitive lands, some of which are within or in close proximity to existing platted subdivisions. 3. Infill Area (Tier III): Any defined geographic area, where a significant portion of land area is not characterized as environmentally sensitive as defined by this Plan, except for dispersed and isolated fragments of environmentally sensitive lands of less than four acres in area, where existing platted subdivisions are substantially developed, served by complete infrastructure facilities, and within close proximity to established commercial areas, or where a concentration of non - residential uses exists, is to be designated as an Infill Area. New development and redevelopment are to be highly encouraged, except within tropical hardwood hammock or pineland patches of an acre or more in area, where development is to be discouraged. Within an Infill Area are typically found: platted subdivisions with 50 percent or more developed lots situated in areas with few sensitive environmental features; full range of available public infrastructure in terms of paved roads, potable water, and electricity; and concentrations of commercial and other non - residential uses within close proximity. In some Infill Areas, a mix of non - residential and high - density residential uses (generally 8 units or more per acre) may also be found that form a Community Center. Policy 105.2.2 Monroe County shall prepare- anmaintain overlay map(s) designating geographic areas of the County as one of the-thfee Tiers in accordance with the guidance in Policy 105.2.1, which shall be incorporated as an overlay on the zoning map(s) with supporting text amendments in the Land Development Regulations. These maps are to be used to guide the Land Acquisition Program and the smart growth initiatives in conjunction with the Livable CommuniKeys Program (Policy 101.2919.1). Policy 105.2.3 The priority for acquisition of lands and development rights under the County's Land Acquisition Program shall follow the priority categories within Policy 102.4.2. : . . : • :. . • _. _ . . • ••- • , Future Land Use Element 133 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Monroe County shall prepare a specific data bast tied to its Gcographic evaluate its Land Acquisition Program, smart growth initiatives, and Livable Poliiey-1-05...5 ► - of tropical hardwood hammock or pinclands of one acre or greater in arca identified as a Special Protection Area within a designated Infill Arca (Ticr III). areas dcsignatcd as an Infill Area (Tier III). Policy 105.2.84 The preferred method for acquisition of environmentally sensitive privately owned vacant non - platted lands shall be fee simple purchase, donation, or dedication or the retirement of development rights through transfer of development rights or similar mechanisms. Policy 105.2.95 The preferred method for acquisition of vacant platted lots shall be fee simple purchase, donation, or dedication or the retirement of development rights thorough transfer of development rights or similar mechanisms; however, wherever appropriate, platted lots may be purchased in partnership with adjoining property owner(s) subject to a conservation easement that may allow limited residential accessory resuses. In terms of effort, Monroe County shall primarily focus its Land Acquisition Program on the acquisition or retirement of development rights of vacant privately owned, buildable, platted Tots within Ticr 1 and Tier II and the This policy recognizes the critical need for the County to aggressively address the Future Land Use Element 134 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Policy 105.2.6 Monroe County shall, in coordination with private sources, federal and state agencies, implement a land acquisition program to acquire lands which enhance public access to the shoreline and water - dependent uses, such as beaches, marinas, docks and lands; however, Monroe County Land Authority funds shall not be used for this purpose. Policy 105.2.744 In implementing this Land Acquisition Program, Monroe County is only committed or financially obligated to the extent that local, state, and federal funds are available. Monroe County shall petition the federal and state governments to aggressively pursue the acquisition of all remaining privately -owned vacant lands within their park and conservation acquisition boundaries and to expand existing acquisition boundaries to include other lands in close proximity with similar environmentally sensitive features. Policy 105.2 _812 With respect to the relief granted pursuant to Policy 1064101.7 (Administrative Relief) or Policy 101. -I—& 17.4 (Beneficial Use), a purchase offer shall be the preferred form of relief for any land within Tier I and Tier II, Tier III -A or any land within Tier III in accordance with the criteria in Policy 101.6:-57_1. Policy 105.2.94 -3 • - - • : - • - ' : , By May 2015, the County shall explore additional funding sources for land acquisition. Monroe County is only committed or financially obligated to the extent that local, state, and federal funds are available. Policy 105.2.1014 Monroe County shall identify and secure possible local sources to yield a steady source of funds and secure increased funding from state and federal, and/or private sources for the Land Acquisition Program and the management and restoration of acquired resource conservation lands. With the uncertainty concerning the County's ability to successfully secure sufficient funding from state and federal governments for their fair share of the financial support for the Land Acquisition Program and the demands placed on the County's limited financial resources to address wastewater and other critical issues, it is recognized that the Land Acquisition Program may extend well beyond 20 years. Polie 3 greater than 8 units por aorc). Community Centers shall be dosignatcd as Future Land Use Element 135 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update - • . • .. - - - - .- . • but not necessarily limited to the residential and non residential permit allocation f;ystcros. Future Land Use Element 136 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update GOAL 1061—Reserved Monroe County shall continue to maintain the Tier System to ensure growth initiatives recognize the natural and man-made systems in the Florida Keys, the carrying capacity to accommodate further development, the need for the significant expansion of the public acquisition of vacant developable lands, and to equitably balance the rights and expectations of private property owners. Objective 106.1 Monroe County shall adjust the tier boundaries and implement the Florida Keys Carrying Capacity Study, utilizing updated habitat data and recommendations of the Tier Designation Review Committee (TDRC) Work Group. [Note: As amended by Final Order DCA07 -GM 166, parcels included in the challenge with Tier I and Tier IIIA (SPA) boundaries have been adjusted to reflect the amended Tier Criteria resulting from the DOAH Case 06- 2449(GM)1. Policy106.1.1 Monroe County shall update habitat data and the Land Development Code Tier (Zoning) Overlay District Maps to coincide with the State comprehensive plan evaluation and appraisal schedule (May 1, 2021). Policy 106.1.2 Monroe County shall establish a Tier Designation Review Committee (TDRC) Work Group to consist of representatives selected by the Florida Department of Economic Opportunity (DEO) from Monroe County, Florida Fish & Wildlife Conservation Commission. United States Fish & Wildlife Service, Department of Environmental Protection and environmental and other relevant interests. The TDRC 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 Land Development Code Tier (Zoning) Overlay District Map amendments shall coincide with the State comprehensive plan evaluation and appraisal schedule (May 1, 2021). Each comprehensive plan evaluation and appraisal submitted shall also include an analysis and recommendations based upon the TDRC review process. Policy 106.1.3 Prior to Monroe County processing updates to the Land Development Code Tier (Zoning) Overlay District Map, the County shall evaluate the listed threatened and endangered species (as of 2021) and the criteria included in Policy 205.1.1 to determine if amendments are required to further protect and enhance native upland vegetation. kny Tier (Zoning) Overlay District Map amendment completed Arlo May 1, 2021 shall be processed according to state law and the Land Development Code. Future Land Use Element 1 37 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update GOAL 107 Monroe County shall regulate land use and development activities of scarified portions of property with 50 percent or more environmentally sensitive land that contains an existing nonconforming use by the enactment of area- specific regulations that allow development to occur subject to limitations and conditions designed to protect natural resources. For this Goal to be used scarified portions of property shall not have been created purposefully without benefit of permits as evidenced by pictorial aerial examination and/or other means available to the Growth Management Division. (Ordinance 023 -2011) Objective 107.1 Monroe County shall coordinate land use with the elements of the Comprehensive Plan through Future Land Use Element sub -area policies solely applicable to a specific geographic area. These sub -area policies identify parcels of land that require narrowly - tailored regulation in order to confine development potential to an area or extent less than the maximum development potential allowed by its underlying Future Land Use Map category. The development parameters established for each sub -area shall be based either on an inventory of uses and facilities established on the parcel or by data and analysis supporting the specific sub -area limitations. Environmentally sensitive areas shall be preserved through the application of such methods as conservation easements that require mandatory eradication of exotic invasive vegetation. (Ordinance 023 -2011) Policy 107.1.1 Reserved Policy 107.1.2 Ramrod Key Mixed Use Area 1 Only the land uses listed in paragraphs 1 -4 below shall be allowed on the parcels shown in the table following as Ramrod Key Mixed Use Area 1: REAL ESTATE TOTAL FLUM CONSERVATION BERM TO BE NUMBER ACREAGE ACRES EASEMENT LOCATED ON DESIGNATION ACREAGE PARCEL 0.79 N/A N/A Ramrod Key 00114150 - 000000 18.12 8.46 Mixed Use Area N/A x 1 8.87 RC 8.87 Ramrod Key 00114150 - 000400 2.6 2.6 Mixed Use Area 0 1 And on which a concentration of non - residential uses exists, including approximately 15,325 square feet of commercial floor area devoted to the uses listed below. 1. Storage, warehousing, and processing of equipment and materials utilized or generated in construction, demolition and land clearing, together with ancillary activities, including, but not limited to: Future Land Use Element 138 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update a. Administrative offices. b. Workshops and equipment maintenance areas, outdoors and within structures. c. Garages and outdoor parking for construction and demolition equipment and machinery. d. Outdoor and covered storage and processing of demolition debris and construction materials. e. Storage buildings. f. Above - ground fuel tanks. 2. An antenna supporting structure with accessory building. 3. Residential uses consistent with the former RL future land use map designation and with SS zoning. Single family residences shall be limited to the existing (including any replacement thereof) and no more than four (4) additional single family residences. 4. Outdoor storage, refinishing, repair and/or rebuilding of vehicles, boats and trailers that do not constitute a heavy industrial use. Development of the Ramrod Key Mixed Use Area 1 shall be subject to the restrictions set out below: 1. Wetlands and hammock areas adjacent to outdoor storage shall be protected by: a. Recordation of a conservation easement prohibiting all development activities on the approximately 8.87 acres of wetlands within the Easterly portion of parcel 00114150- 000000. The area to be conserved is delineated on the map below. b. Construction and maintenance of a berm, no less than 3 feet in height, on scarified land along the Westerly edge of the wetlands portion of parcel 00114150- 000000 as depicted on the map below, to protect the wetlands from stormwater runoff. Prior to issuing any permit for berm construction, Monroe County shall require submission of a stormwater management plan adequate to protect the wetlands portion of the parcel from degradation attributable to stormwater runoff from the adjacent scarified portion utilized for outdoor storage, construction, and demolition activities. Future Land Use Element 139 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update RAMROD KEY MIXED USE AREA 1 00114150- 000000 a RAMROD KEY MIXED USE AREA 1 8.11,1 MC 10.79 ac) O RE 00114150 -0000 (B46ac) CONSERVATION EASEMENT 00114150- 000000 RE 4 00114150- 000400 RC (8.87 ac iK GjNSEr+. t'jr EASE 1._ PamrOd Fe. M!]RatB E •. (2.6 ac) J parC6s STAT E µT E OLD OLD STATE RTE AA a Key Ramrod MII. Mark., 265 Map Amendment 1 M2805' Acr..O. 88'ACr.a Q Manning Horizon. 2010 Dal. of Adoption October 20. 2010 _ .• 2. Development shall be contingent on any required coordination and/or approval from the United States Fish & Wildlife Service. (Ord. 028 - 2010). Policy 107.1.3 Specific Limitations on Key Largo Mixed Use Area 1 The Key Largo Mixed Use Area 1 has a concentration of non - residential uses currently existing, including approximately 2,968ft of commercial floor area. The current Real Estate Parcel number is 00440100.000000, contains 0.62 acres and is legally described as: Lots 11, 12, 13, 14, 15, 16, 17 and 18, 19 and 20, Block 2, THOMPSONS SUBDIVISION, Section "A ", according to the plat thereof, as recorded in Plat Book 1, at Page 147, of the Public Records of Monroe County, Florida; and the East 10 feet of that portion of Fisherman's Trail, adjacent and contiguous to the West boundary line of Lots 15 and 16, Block 2, lying between the North Line of Sailfish Trail and the Southeasterly Right -of -Way line of Old State Road 4A, in Thompsons Subdivision, Section "A ", according to the plat thereof, as recorded in Plat Book 1, at Page 147, of the Public Records of Monroe County, Florida. Development in the Key Largo Mixed Use Area 1 shall be subject to regulations applicable to the Mixed Use -/- /Commercial (MC) Future Land Use Designation as well as the additional restrictions set out below: 1. The maximum commercial floor area ratio of 0.30. 2. There shall be no residential units. (Ord. 021 - 2010). Future Land Use Element 140 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Policy 107.1.4 Paradise Pit Sub -area 1 - Specific Limitations on the Industrial and Conservation Area in Key Largo The Paradise Pit Industrial and Conservation Area in Key Largo has a concentration of nonresidential uses currently existing, including a lawful light industrial use. The parcel's current real estate number is 00087100.000500. The parcel has a Tier Designation of Tier 1 and the parcel is 59.01 acres, including a 9.71 acre borrow pit (water). Pursuant to this sub -area policy, the parcel shall have Future Land Use Map (FLUM) designations as follows: Existing Cleared Area , t (1.7 acres) i � ' � � ._ Existing Cleared Area (5.2 acres) TA lltetti% 146 ' 44-felik ` - - , .., v,ro- Const ■v d11Un 1. -In1111ttr i,il l.a ryon <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 141 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update In order to balance the protection of environmental resources, historical resources and support a sound and diverse economic base, development shall be subject to the Industrial Future Land Use Map Designation and the Conservation Future Land Use Map Designation as well as the additional site - specific regulations and restrictions set out below: Industrial FLUM Area Conservation FLUM Area Residential development shall not be permitted. Residential development shall not be permitted. Any proposed nonresidential development shall be limited to the existing cleared area adjacent to the borrow pit (5.2 acres of scarified area) and the existing cleared area in the NW comer of the parcel (1.7 acres ArcheologicaVHistorical resource shall be fenced. of scarified area). - Existing cleared areas are identified on the map above. Both the Industrial FLUM Area and the Conservation FLUM Area Wetland and Upland vegetative communities shall be protected by: -No industrial activities shall be expanded into the native vegetation. -The creation and maintenance of a 20ft buffer vegetated with native vegetation around the perimeter of the borrow pit. -The maintenance of signage every 100 feet along the perimeter of the scarified areas to ensure no further encroachment into the adjacent native vegetation. The existing carport structure (labeled with the letter "C" on the map above) shall be allowed to continue only for the use of parking vehicles associated with lawful uses on the site. No further clearing around the carport structure shall be permitted. Reasonable ingress and egress to the industrial area shall be permitted, including the maintenance of the "road" around the borrow pit provided there are no impacts to the required vegetated buffer or cause further encroachment into the native habitat. Clearing for an access drive of reasonable configuration up to 18 feet in width is permitted to provide reasonable access to the cleared (scarified) portion in the NW comer of the property and shall be exempt from the maximum clearing limit. The access drive shall be configured to follow the previously cleared drive as closely as possible. (Ordinance 007 -2014) Future Land Use Element 142 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Goal -GOAL 108 The compatibility of lands adjacent to or closely proximate to the Boca Chica airfield of Naval Air Station Key West (NASKW) pursuant to Sections 163.3175 and 163.3177, Florida Statutes, shall be achieved through the implementation of the Objectives and Policies, incorporated herein. Achieved is defined as being consistent with the Objectives and Policies, incorporated herein. (Ord. 012 -2012, DEO 12-1ACSC-NOI-4401-(A)-(I), Effective date of July 19, 2012) Objective 108.1 Naval Air Station Key West and Monroe County shall exchange information to encourage effective communication and coordination concerning compatible land uses as defined herein. (Ord. 012 -2012, DEO 12 -1 ACSC -NOI -4401- (A) -(I), Effective date of July 19, 2012) Policy 108.1.1 Monroe County shall transmit to the commanding officer of Naval Air Station Key West information relating to proposed changes to comprehensive plans, plan amendments, Future Land Use Map amendments and proposed changes to land development regulations which, if approved, would affect the intensity, density, or use of the land adjacent to or in close proximity to the Naval Air Station Key West (within the Military Installation Area of Impact (MIAI)). Pursuant to statutory requirements, Monroe County shall also transmit to the commanding officer copies of applications for development orders requesting a variance or waiver from height requirements within areas defined in Monroe County's comprehensive plan as being in the MIAI. Monroe County shall provide the military installation an opportunity to review and comment on the proposed changes. (Ord. 012 -2012, DEO 12 -1ACSC -NOI- 4401- (A) -(I), Effective date of July 19, 2012) Policy 108.1.2 Monroe County shall coordinate with Naval Air Station Key West and the Department of Economic Opportunity (State Land Planning Agency) to review Best Practices and provide guidance on recommended sound attenuation options to be identified in development orders for optional implementation in new construction and redevelopment of existing structures in areas located within the MIAI. The list of recommended sound attenuation options may be based on the level of noise exposure, level of sound protection, and the type of residential construction or manufactured housing that is proposed. Monroe County and the Naval Air Station Key West will coordinate with the Department of Economic Opportunity to identify state and federal housing programs, and to develop informational literature to inform qualified homeowners of the availability of potential funds for sound attenuation. (Ord. 012 -2012, DEO 12- 1ACSC -NO1- 4401-(A)-(I), Effective date of July 19, 2012) Policy 108.1.3 Within 30 days from the date of receipt from Monroe County of proposed changes, the Naval Air Station Key West commanding officer or his or her designee may provide comments to Monroe County on the impact proposed Future Land Use Element 143 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update changes may have on the mission of the military installation. Monroe County shall forward a copy of any comments regarding comprehensive plan amendments to the state land planning agency. The commanding officer's comments, underlying studies, and reports shall not be binding on Monroe County. Monroe County shall take into consideration any comments provided by the Naval Air Station Key West commanding officer or his or her designee and shall also be sensitive to private property rights and not be unduly restrictive on those rights. (Ord. 012 -2012, DEO 12- 1ACSC -NOI- 4401- (A) -(I), Effective date of July 19, 2012) Policy 108.1.4 Monroe County shall include a representative of Naval Air Station Key West as an ex officio, nonvoting member of Monroe County's Planning Commission. The NASKW ex officio member represents all military interests in Monroe County. (Ord. 012 -2012, DEO 12- 1ACSC -NOI- 4401- (A) -(I), Effective date of July 19, 2012) Policy 108.1.5 Monroe County shall notify the Naval Air Station Key West commanding officer or his or her designee of any development proposals that are scheduled for the Development Review Committee (DRC) at the earliest date possible. NASKW may provide comments on proposals to the DRC. Ord. 012 -2012, DEO 12- IACSC -NOI- 4401- (A) -(I), Effective date of July 19, 2012) Policy 108.1.6 The 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 • _ _ .. _ .: _ - • - - altematives -for future airfield operations at Naval Air Station Key West. Monroe County shall work closely with the Navy throughout the lifeeeess of the EIS and shall discourage the Navy from increasing its operations at NASKW that negatively impact the surrounding community. Ord. 012 -2012, DEO 12- 1ACSC- NO1- 4401- (A) -(I), Effective date of July 19, 2012) Policy 108.1.7 In order to protect the value, efficiency, cost - effectiveness, and amortized life of NASKW, pursuant to Section 380.0552 (7)(h)4., F.S., protect the public health, safety, and welfare of the citizens of the Florida Keys, pursuant to Section 380.0552 (7)(n), F.S., and encourage compatibility, Monroe County will encourage the Navy to acquire all land it is impacting with its operations and noise within any geographic area with 80+ Day -Night Average Sound Level (DNL), and any areas where an aircraft mishap could occur. Ord. 012 -2012, DEO 12 -1 ACSC -NOI- 4401- (A) -(I), Effective date of July 19, 2012) Future Land Use Element 144 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Objective 108.2 Monroe County shall consider the protection of public health, safety and welfare as a principal objective of compatible land use planning on lands adjacent to or closely proximate to the Boca Chica airfield of NASKW. (Ord. 012 -2012, DEO 12 -1 ACSC -NOI- 4401- (A) -(I), Effective date of July 19, 2012) Policy 108.2.1 Monroe County shall adopt an overlay to the Future Land Use Map Series identifying the Military Installation Area of Impact (MIAI) to define the zone of influence of NASKW; within which growth management policies shall guide land use activities and uses in areas exposed to impacts generated by Navy operations. (Ord. 012 -2012, DEO 12- 1ACSC -NOI- 4401- (A) -(I), Effective date of July 19, 2012) Policy 108.2.2 Density and intensity standards and land uses established by the Future Land Use Element and Future Land Use Map, on the effective date of this policy, for properties located within the MIAI overlay shall be recognized and allowed to develop to the maximum development potential pursuant to the standards existing on the effective date of this policy. (Ord. 012 -2012, DEO 12-1ACSC-NOI-4401- (A)-(I), Effective date of July 19, 2012) Policy 108.2.3 Monroe County and Naval Air Station Key West (NASKW) recognize the existing density and intensity, as of the effective date of this policy, established by the Future Land Use Element and Future Land Use Map for property adjacent to or closely proximate to NASKW. NASKW has indicated that it will not object to the issuance of development orders, within the MIAI, if properties have development rights on Future Land Use Map, Land Use District (Zoning) Map, approved development agreements or Section 380.032, F.S. agreements with the State Land Planning Agency. NASKW may provide comments and suggest measures to mitigate potential impacts. (Ord. 012 -2012, DEO 12- 1ACSC -NO1- 4401- (A) -(I), Effective date of July 19, 2012) Policy 108.2.4 Existing development located within the MIAI overlay shall be recognized and allowed to redevelop. Further, the property's established density and intensity standards and land uses provided by the Future Land Use Element and Future Land Use Map shall be recognized and allowed to redevelop to the maximum development potential pursuant to the standards existing on the effective date of this policy. (Ord. 012 -2012, DEO 12- IACSC -NOI- 4401- (A) -(I), Effective date of July 19, 2012) Policy 108.2.5 Monroe County will maintain the Future Land Use Map (FLUM) designations, for any application received after the effective date of this policy, for properties located within the MIAI overlay. FLUM amendments that increase density and /or Future Land Use Element 145 Keith and Schnars, P. k. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update intensity within the MIAI overlay received after the effective date of this policy, are not permitted unless Monroe County transmits the requested FLUM amendment to NASKW, pursuant to Policy 108.1.1. Within 30 days of receipt, the NASKW commanding officer or his or her designee may provide comments on the proposed amendment, based on appropriate data and analysis, to Monroe County indicating whether the property is located within a noise zone or land use incompatibility zone and whether the proposed density and/or intensity increase is incompatible with NASKW. If NASKW indicates the property is within a land use incompatibility zone, the Board of County Commissioners shall adopt a resolution providing a finding determining whether the property is subject to the restrictions of increasing density and/or intensity for the application filed for the property within the MIAI boundary. Monroe County will maintain the FLUM designations for properties adjacent to or closely proximate to military installations for which NASKW provided data and analysis, which meets the requirements of Section 163.3177(1)(f), F.S., as of the effective date of this policy, which supports a determination that the property is within a land use incompatibility zone. Additionally, for FLUM amendments requesting an increase of density and/or intensity within a land use incompatibility zone, Monroe County shall encourage the Navy to acquire these lands, pursuant to Policy 108.1.7, for the protection of the public health, safety, and welfare of the citizens of the Florida Keys. If NASKW indicates the property is within a noise zone, Monroe County may consider Future Land Use Map amendments requesting an increase in density and/or intensity within the MIAI overlay, with consideration of comments and accompanying data and analysis, provided by the Naval Air Station Key West commanding officer or his or her designee. • - - - - - - -- • Future Land Use Element 146 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update • - - -- . -- - __ . .. - ' - , • . - - The Board of County Commissioners shall adopt a resolution providing a finding determining whether the property, within the MIAI boundary, is or is not subject to the restrictions on increasing density and/or intensity for the application filed. • After 90 days of the adoption of the Board of County Commission resolution, Monroe County will schedule the required public hearings for the FLUM application requesting an increase in density and/or intensity, filed for the property within the MIAI boundary. • • - , - • -- -- ' • , . -. _ - - . - , 1 • e , , • 1 - • The Board of County Commissioners may condition a granting of a resolution on a waiver of liability against or indemnification of the County by the requesting property owner for any cause of action or claim based upon the current or future uses and operations at NASKW. (Ord. 012 -2012, DEO 12 -1 ACSC- NOI -4401- (A)-(I), Effective date of July 19, 2012) Policy 108.2.6 For any application received after the effective date of this policy, within the MIAI overlay, Monroe County will not approve NEW land uses, as demonstrated on the MIAI Land Use Table (permitted uses shown in Column #2), through a Future Land Use Map, Text, overlay or LUD map amendment. The MIAI Land Use Table provides the Future Land Use Map (FLUM) Categories (Column 1) as of the effective date of this policy and includes the permitted uses (Column 2), allocated density per acre (Column 3), maximum net density per buildable acre (Column 4), the floor area ratio (Column 5), and corresponding zoning category (Column 6) within each FLUM category located within the MIAI boundary. Further the MIAI Land Use Table provides land uses located within the 65 -69 DNL Noise Zone 2 and NASKW's suggested land use compatibility within this noise zone. The table includes land uses allowed (Column 7), land uses allowed with restrictions (Column 8), land uses that are generally incompatible but allowed with exceptions (Column 9) and the land uses that are not compatible and should be prohibited. Column 11 provides notes Future Land Use Element 147 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update associated with Columns 7, 8, 9 and 10 and indicates that additional land uses may be permitted based upon existing the provisions adopted within the Comprehensive Plan. (Ord. 012 -2012, DEO 12- IACSC -NOI- 4401- (A) -(1), Effective date of July 19, 2012) (MIA' Land Use Table on following pages) <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 148 Keith and Schnars, P.A. 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MOM. ■ a • rew —.. war..... tiw.www.• • .01.1m• w..wr.ww . w _n... w.. �. 11007 AICUZ Study Table 6-2 notes: Uses Allowed with Restictions. The land use and related structures are generally compatible. ote 1 Although local conditions regarding the need for housing may require residential use in these Zones, residential use is discouraged in DNL 65-69 and strongly discouraged in DNL 70 -74. The absence of viable alternative development options should be determined and an evaluation should be conducted locally prior to local approvals indicating that a demonstrated community need for the esidential use would not be met if development were prohibited in these Zones. Where the community determines that these uses must be allowed, measures to achieve and outdoor to indoor Noise Level Reduction (NLR) of at least 25 dB in DNL 65 -69 and NLR of 30 dB in DNL 70 -74 should be incorporated into building codes and be in individual approvals; for transient housing a NLR of at least 35 dB should be incorporated in DNL 75 -79. Normal permanent construction can be expected to provide a NLR of 20 dB, thus the reduction requirements are often stated as 5, 10 or 15 dB over standard construction and normally assume mechanical ventilation, upgraded Sound Transmission Class (STC) ratings in windows and doors and closed windows year round. Additional consideration should be given to modifying NLR levels based on peak noise levels or vibrations. Future Land Use Element 152 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update ) NLR criteria will not eliminate outdoor noise problems. However, building location and site planning, design and use of berms and barriers can help mitigate outdoor noise exposure NLR particularly from ground level sources. Measures that reduce noise at a site should be used wherever practical in preference to measures that only protect interior spaces. ote 7 and use compatible provided special sound reinforcement systems are installed. ote 8 esidential buildings require a NLR of 25 ote 25, 30 or 35 e numbers refer to Noise Level Reduction levels. Land Use and related structures generally compatible however, measures to achieve NLR of 25, 30 or 35 must be incorporated into design and construction of strictures. However, measures to achieve an overall noise reduction do not necessarily solve noise difficulties outside the structure and additional evaluation is warranted. Also, see notes indicated by superscripts where they appear with one of these numbers. *Uses Generally Incompatible (allowed with exceptions). The land use and related structures are generally incompatible. ote 1 Although local conditions regarding the need for housing may require residential use in these Zones, residential use is discouraged in DNL 65-69 and strongly discouraged in DNL 70 -74. The absence of viable alternative development options should be determined and an evaluation should be conducted locally prior to local approvals indicating that a demonstrated community need for the residential use would not be met if development were prohibited in these Zones. Where the community determines that these uses must be allowed, measures to achieve and outdoor to indoor Noise Level Reduction (NLR) of at least 25 dB in DNL 65 -69 and NLR of 30 dB in DNL 70 -74 should be incorporated into building codes and be in individual approvals; for transient housing a NLR of at least 35 dB should be incorporated in DNL 75 -79. ) Normal permanent construction can be expected to provide a NLR of 20 dB, thus the reduction requirements are often stated as 5, 10 or 15 dB over standard construction and normally assume mechanical ventilation, upgraded Sound Transmission Class (STC) ratings in windows and doors and closed windows year round. Additional consideration should be given to modifying NLR levels based on peak noise levels or vibrations. ) NLR criteria will not eliminate outdoor noise problems. However, building location and site planning, design and use of berms and barriers can help mitigate outdoor noise exposure NLR particularly from ground level sources. Measures that reduce noise at a site should be used wherever practical in preference to measures that only protect interior spaces. I NILR (Noise Level Reduction) Noise Level Reduction (outdoor to indoor) to be achieved through incorporation of noise attenuation into the design and construction of the structure. Future Land Use Element 153 Keith and Schnars, P.A. ('omprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update ... �.�...� w • ... l: 7 as -- •■ •I.. 1.w •N. N. In . ••••• A! • \ ••N 17 771 771 777 71174171711 7770 — Iff 777 177 077 7 7 77 a� row �...i.�.. w NO. w w� • 77 70 • w O. 77 777 7 7 077 777 --. 77r 77 777 777 177 77 w 7 -- ••■••••• .r..rr rrrJ.r Mom 4. ari 777 717 717 77 77 .711..7 •7....r .7 7 r.. w.. a....... A. w.. *.w w 7.h. ••••• r ..++ ...rea O.. 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A 7777 77177107 77770 177 00 —w 777 •_a 007._.7 0000. 7..r 470177• .7771 41,7 7 7.1 . ..7r. 1707170a .7. ••..n.. 777 .07 77 17 rr 0..17• . rI. 777 117... 077 7�I.1r.1 J.• .+....7� • 4.01 '1:...1.7 707 0 77 •••••• r 707 71...11 11..1.7 w - .rs r r mow .w7.. •... 77 —r — r — 7 yr .. Mkon, w .r I.... 17 w �.1. •v. 1r r Future Land Use Element 154 Keith and Schnars, P.A. Comprehensive Plan: Jan. 2015 Monroe County Comprehensive Plan Update Policy 108.2.7 Nonresidential land uses expressly allowed within the residential Future Land Use Categories (see Column 11 MIAI Land Use Table) as land uses permitted in the Land Development Regulations that were in effect immediately prior to the institution of the 2010 Comprehensive Plan (pre -2010 LDR's), and that lawfully existed on such lands on January 4, 1996, shall be recognized through a "Letter of Development Rights Determination" process and transmitted to the State Land Planning Agency. (Ord. 012 -2012, DEO 12- 1ACSC -NOI- 4401- (A) -(I), Effective date of July 19, 2012) Policy 108.2.8 Within the MIAI overlay, Monroe County may consider requests from property owners for reduction in density and/or intensity or changes in uses that reduce incompatibility of land uses with Goal 108 and associated Objectives and Policies. (Ord. 012 -2012, DEO 12 -1 ACSC -NOI- 4401- (A) -(I), Effective date of July 19, 2012) <The Remainder of This Page Intentionally Left Blank> Future Land Use Element 155 Keith and Schnars, P.A. ( omprehensise Plan: Jan. 2015