Item C1 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. [93- 5.006(3)a}
N163.3177(1), F.S.1
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. : - : - : - - . : .
[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.
H163.3177 & 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 9J 5163, 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, .
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( (c)3]
Policy 101.1.2
By January 4, 1997, Monroe County shall
Regolatiensmaintain land development regulations which provide a Concurrency
Management System (See Capital Improvements Policy 1401.4.5). The
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Monroe County Comprehensive Plan Update
•
- s . _
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.1
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
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Future Land Use Element 2 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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 2034 without
exceeding the total of 1,970 allocations (see Policy 101.3.2). The County shall re-
evaluate the annual ROGO allocation rate based on: 1) statutory changes for
hurricane evacuation clearance time requirement standards; 2) new hurricane
evacuation modeling by the State Land Planning Agency and Division of
Emergency Management; and 3) a new or revised memorandum of understanding
with the State Land Planning Agency, Division of Emergency Management,
Marathon, Islamorada, Key West, Key Colony Beach and Layton (see Policy
101.2.1).
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.
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
Future Land Use Element 3 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
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.
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Monroe County Comprehensive Plan Update
Objective 101.23
2010.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 establishmaintain 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
.lanned development For future development in the Ocean Reef •lanned
development 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
- . • - • .. • . • . •• ... • ation for new residential development to the
Policy 101.3.2
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, 2034, 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
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Comprehensive Plan: October 2014
Monroe County Comprehensive Plan Update
residential units per year. Unused allocations for market rate shall be available for
Administrative Relief. 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
y 13, 2016- July 12, 2017 126
13, 2017- July 12, 2018 48
July 13, 2018- July 12, 2019 48
July 13, 2019- July 12, 2020 48
July 13, 2020- July 12, 2021 48
July 13, 202 1 - July 12, 2022 47
July 13, 2022- July 12, 2023 47
July 13, 2023- July 12, 2024 47 568 total AFH
July 13, 2024- July 12, 2025 47 (total available
immediately)
July 13, 2025- July 12, 2026 47
July 13, 2026- July 12, 2027 47
[ y 13, 2027- July 12, 2028 47
July 13, 2028- July 12, 2029 47
July 13, 2030- July 12, 2031 47
July 13, 2031- July 12, 2032 47
July 13, 2032- July 12, 2033 47
July 13, 2033- July 12, 2034 47
TOTAL 1,260 710
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.
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Comprehensive Plan: October 2014
Monroe County Comprehensive Plan Update
Policy 101.32.43
The Permit Allocation System (or Rate of Growth Ordinance) for new residential
(ROGO) development shall specify procedures for:
1. establishing the annual adjustment 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. •
... .. .. . .n .. . , 1 - -•• • . . . -- -. • . .
for this separate allocation shall meet the criteria specified in Policy 601.1.7, but
shall not be subject to the competitive Residential Permit Allocation and Point
System in Policy 101.5.1. The parcel proposed for affordable housing shall not be •• - • . • j
Monroe County recognizes the discrepancy of units between the County's
• •• - - -- • - --
Cities to resolve the discrepancy within three (3) ycars.
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Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
Policy 101.3156
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 tits
ineluding -hotel or motel rooms, campground spaces, or spaces for parking a
recreational vehicle or travel trailer until May 2022 1, 2011.
(Ordinance 024 -2011)
Policy 101.32.6-7
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. - • - - - - : -: • - _ • . e
. •": - - --- -
- - - -
1998.
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 lots 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
resolution, but may only be extended at the discretion of the BOCC by an
additional resolution.
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Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
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 long -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
•ro'ect site and the duration of the tem •orar housin_ 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.
Poliey4-0-1724
• . ' , ! ! !, ounty shall have coordinated with FDOT to
US 1 between mile markers 80 and 90 in the FDOT adopted five year work
• •
.. . - - • .. ! -- - - • .
• ' .e• • -
completed in 1998. Monroe County shall divert 10% of evacuating traffic to Card
- ••:
Future Land Use Element 9 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
Monroe County shall initiate a program to limit the number of vehicles on the
roads during a hurricane evacuation. This program shall include cducating the
public regarding thc need to use some type of mass transit to reduce thc number of
By July 17, 2001, the County shall prepare an Evaluation and Appraisal Rcport
(EAR) of this plan. As part of the EAR process, in coordination with the South
Florida Regional Planning Council, Kcy West, Layton and Kcy Colony Bcach,
updated based on these factors and thc total growth allocations, including
Polley 101.2.12
The County will reconsider its capital improvements based upon thc need for
additional or different capital improvements identified as a result of thc new
Monroe County shall establish an interim Permit Allocation System for new
Policy 101.2.1 and rcmain in place until such time as Monroe County determines
its future growth capacity based on hurricane evacuation, public safety and
program as set forth below. DEP, HRS, DCA and Monroc County shall develop a
number of permits that Monroe County may issue under this interim policy.
- •. .
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Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
nutrient rcduction credits carved within the same unincorporated ROGO area.
Nutrient reduction credits shall be earned consistent with Table 1 below. The
1. 213 of thc total credits estimated to be available from the full operation of
the system shall be carncd whcn the wastewater construction permit for the
executed, and construction of thc system has commenced. Of these credits, 52
below. In addition, 52 of these crcdits shall be madc available to thc City of
>`
2. All remaining available crcdits shall be earned when the construction of
the system is 100 percent complete, thc collection system lines have been
h bee c al cu l a ted
The local government shall receive a pro rata share of the earned nutricnt
portion to thc amount of funds it contributed from its
jurisdiction to the total construction costs; and
governments.
by the County in fiscal ycars 1997 98 and 1998 99 will be used to offset the
nutrient impacts of the 88 new residential permits per year, but may not be used
than 88 nutrient reduction credits for Years 3 and 4. For Ycar 5, thc intcrim
fewer than 77 nutrient reduction crcdits arc carncd in Year 5, the deficit shall be
madc up in Year 6 prior to issuance of any new permits. For Year 6 and beyond,
the intcrim permit allocation system shall limit the number of permits issued for
within thc same unincorporated ROGO arca, except as otherwise authorized
herein. For all years the number of permits issued for new residential • .. - - - . . - - * . - - - . • - e _ - - . . . . .
of 158 new residential units per year.
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Monroe County Comprehensive Plan Update
• • • - - -
new permits, other than that which may be expressly provided for in the
comprehensive plan or for which thcrc is an existing agreement for affordable
e- allewed,
date of this rule and the number nutrient reduction credits earned shall be
Table 3.1 1
Centralized Systems
s T
A Se
catmcnt System WNR or eeftElaft est Available dvaneed
Equivalent On Treatment 4 ALestewater
site Trcatment Treatment
and Disposal (AWT)
gYstem
4- 4
esspit EDU credit EDU credit 0 EDU credit 5 EDU credit
fit+
07 0: -1-
3 0 3
AST-44S
�4 0: 0 4-
wed -OSTBS 5 d
Se
4 1-
eendaff 4 4 5
Treatment
appropriate future growth. Beginning September 30, 2003 and each year of the
reports and shall determine whether substantial progress has been achieved
toward accomplishing the tasks of the work program. If the Commission}
• - .. - . . :. ed by at least 20 percent for the following
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Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
the Commission shall increase the unit cap for new residential development for
work program er any interested persons may likewise report and make
Notwithstanding any other date set forth in this plan, the dates set forth in the
work program shall control where conflicts exist. For each task in the work
appropriate federal, state, regional, and local agencies that they contribute any
assisting the county in completing the task. Each such agency shall prepare, in
which indicates the agency's actions relative to the work plan. The Department of
County, and relevant state and federal agencies, in the implementation of the tasks
related to water quality, wastewater and stormwatcr facilities and in the
development and implementation of the carrying capac'
Committee will provide technical assistancc and substantive commcnts and
plans and thc carrying capacity study arc consistent with thc objectives of the
- • • - • - e .: • ' . . The Steering Committee will make
recommendations on wastewater systems and Hot Spot prioritics prior to
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 the Department of Hearse
. • .
• - • . - . - - all explain the role of cesspit removal in the overall
contcxt of thc Work Plan and Wastewater Master Plan. The County and the state
YEAR ONE (ending December 31, 1997)
and secure funding for plan completion. (Reference County Objective. 901.1)
Future Land Use Element 13 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
Agencies; County, DCA DEP, FIRS and SFWMD.
B. Complete a conceptual plan or scope of work to develop a carrying capacity. The
Kcys ecosystem, and thc various segments thcrcof, to withstand all impacts of
adopted by the Administration Commission on December 12, 1995, or more recent
data that may become availablc in thc course of the study, and shall be based upon
benchmark of, and all advcrsc impacts to thc Keys land and watcr natural systems, in
addition to the impact of nutricnts on marine resources. The carrying capacity
analysis shall consider aesthetic , socioeconomic (including sustainable tourism),
quality of life and community character issues, including the concentration of
population, thc amount of open space, diversity of habitats, and species richness. The
analysis shall reflect the interconnected nature of the Florida Kcys' natural systems,
marine systcm. (Ref. 1991 Stip. Sctticmcnt Agreement)
Agencies: County, DCA, DEP, HRS, DOT, GFC, SFWMD, NMS, SFRPC, EPA,
USFW, Army COE, and othcr interested parties to includes representatives of
C. Complete AWT /OSDS demonstration study and initiatc rulemaking for new
standards for OSDS. (Reference County Policy 901.1.3).
Agcncics: HRS.
D. Complete Marathon Facilities Plan and secure funding for thc facility site(s). The
wastcwatcr facilitics plan should implcmcnt the most cost effective mcthod of
collecting, treating, and disposing of wastewater and shall includc an invcstigation of
the feasibility of using alternative nutrient stripping on sitc disposal systems. The
Agencies: County, DCA, and DEP.
E. Continue cesspit elimination program with identification of Hot Spots as first priority
into an interlocal agreement with HRS to specify the responsibilities and procedures
for thc OSDS inspection /compliance program as required by Policy 901.2.3. Adopt
an ordinancc which specifics the implementation proccdures for thc OSDS
inspection /compliance program. The ordinancc shall include authorization for HRS
901.2.3. (Rcfcrcncc County Objective 901.2).
_.
F. Submit status of CARL and ROGO land acquisition to thc Administration
C�
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Monroe County Comprehensive Plan Update
G. Revise the habitat Evaluation Index (HEI) based on peer review.
Agencies: County, DCA, DEP, FGFWFC, and Federal agencies.
YEAR TWO (ending December 31, 1998)
agreements to dcfinc construction schedule by phases. Documcnt that significant
reduction in nutrients will be achieved cach year thereafter within each sub areas.
below.
Agcncics: County, DCA, DEP, and HRS.
B. Secure funding for the carrying - capacity study and initiate Phase 1 (data collection) of
the study.
Agcncics: County, DCA, and DEP.
C. Complete cesspit ID process in Hot Spots, excluding the Marathon arca.
Agcncics: County, DCA, and HRS.
D. Submit status of CARL and ROGO land acquisition to the Administration
Commission.
Agcncics County, Land Authority, and DEP.
E. Document the extent and quality of the fresh groundwater lens system on Big Pine
Key; delineate the associated recharge areas; and determine the safe yield of the
Gystem. (Reference County Policy 103.1.5).
Agcncics: County, DCA, SFWMD, USFWS
YEAR THREE (January 1, 1999 through July 12, 2000)
A. Complete and begin implementation of Wastewater Master Plan. Utilizing the
Steering Committee relating to Hot Spots do the following: refine and prioritize areas
identified as Hot Spots, determine retrofit and funding requirements for priority Hot
Spots and cesspit replacement for areas outside those areas identified for central or
Hot Spots. Execute interagency agrccmcnts to dcfinc facility plan, design and
construction schedules for each Hot Spot facility. Establish a water quality
monitoring program to document the reduction i - - . - - : : - - - -
facilities. Complctc a wastewater treatment finance plan and a service arca
Plan implementation, with priority given to Hot Spots. Determine the feasibility and
legal ramifications of establishing an escrow account as a means of providing long
mechanism such as special assessments, impact fees, infrastructure surcharge, or
other dedicated revenues, to fund the local share of wastewater improvements in
Years Four and Five. Seel( to provide comparable subsidies for both wastewater
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Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
Agcncics: County, FKAA, DCA, DEP, DOH, SFWMD, EPA and Water Quality
Protection Program Steering Committee (WQSC).
development of Master Plan, and complete Phasc I (data collection). Determine the Agencies: County, DCA, DOT, SFWMD, EPA and WQSC.
C. Conclude acquisition of North Kcy Largo Hammocks CARL project. Make offcrs to
boundaries.
Agencies: County, Land Authority and DEP.
D. Secure remaining funds for the carrying capacity study, conduct workshops as.
outlined in thc Scope of Work, select primc contractor, and initiate Phase I (data
Agcncics: County, DCA, DEP, DOH, DOT, FFWCC, SFWMD, WQSC, SFRPC,
EPA, USFWS, Army COE, and other interested parties to include representative)
E. Continue cfforts to secure funding for the Marathon Facility. Complete Little Vcnico
construction design, secure lands needed for Little Venice facility, and begin bid
process and selection of construction firm. Dcsign a water quality monitoring
Agcncics: County, FKAA, DCA, DEP, WQSC, and EPA.
ystcros, outside of Hot Spots. Initiate replacement of ccsspits outsidc of Hot Spots. Award
financial assistance grants to qualified applicants using FY 1997 98 state funds to ensure a
low , low and moderate income households. Investigate the appropriate point at which
Agencies: County, DCA, FKAA, WQSC and DOH.
G. Document the extent and quality of thc fresh groundwater lens system on Big Pinc Kcy;
dclinctc thc associated recharge areas; and determine thc safe yield of the system. (Ref.
County po1. 103.1.5)
Agcncics: County, FKAA, DEP, DCA, SFWMD, EPA, WQSC and USFWS.
■ - .. - . -
Agcncics: County.
I. The County, in conjunction with DCA, shall assess the feasibility of applying thc nutrient
Future Land Use Element 16 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
Agcncics: County and DCA.
YEAR FOUR (July 13, 2000 through July 12, 2001)
A. Continue implcmcntation of Wastewater Master Plan, execute intcragcncy
agreements to define construction schedule by phases, and continue developing
facility plans for priority Hot Spots in each ROGO arca. Secure funding to implement
D _ D • _ • • •
- _ - - 1o. . . • . . • . - - . . - -- •- - - • •
project boundaries.
Agencies: County, Land Authority and DEP.
D. Complctc Phasc 11 of the carrying - capacity study (data analysis) and present initial
Agencies: County, DCA, DEP, DOH, DOT, FFWCC, SFWMD, WQSC, SFRPC, EPA,
USFWS, Army COE, and other interested parties to include representatives of environmental
E. Establish baseline water quality for surfacc and groundwater quality potentially
impacted by Little Venice project.
Agcncics: County, DCA, DEP, FKAA, WQSC and EPA.
F. Complctc cesspit identification and continue cesspit replacement outside of Hot
Spots, with a priority of funds going, in order of preference, to low and moderate
Agcncics: County, FKAA, WQSC and DOH.
YEAR FIVE (July 13, 2001 through July 12, 2002)
A. Continuc implementation of the Wastewater Master Plan pursuant to executed intcragcncy
agrccmcnts. Bcgin construction of wastewater facilities in selected Hot Spots.
Agcncics: County, FKAA, DCA, DOH, DEP, EPA, and WQSC.
B. Execute intcragcncy agrccmcnts to define construction schedule for scicctcd storm water
improvement projects. Complctc land acquisition and final design for scicctcd treatment
Agcncics: County, DCA, DEP, DOT, WQSC and SFWMD.
Future Land Use Element 17 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
C. Conclude negotiations with all willing owners with property within CARL project
boundaries. Acquire a total to date of 15% of the Key Deer/Coupon Bight project and 25% of
the Florida Keys Ecosystems project from willing sellers.
Agencies: County, Land Authority, and DEP.
Agencies: County, FKAA, DCA, DEP, DOH, DOT, FFWCC, SFWMD, WQSC, SFRPC,
EPA, USFWS, Army COE, and other interested parties to include representatives of
E. Continuc eliminating cesspits and inoperative septic tanks in arms outside of Hot Spots.
Agencies: County, DOH, FKAA and WQSC.
YEAR SIX (July 13, 2002 through July 12, 2003)
A. Continue construction of wastewater facilities in Hot Spots begun in previous year.
Contract to .lesign and construct additional wastewater treatment facilities in Hot
Agencies: County, FKAA, DEP, DOW, DCA, EPA and WQSC.
B. Initiate construction of selected projects as identified in thc Storm Water Master Plan.
Agencies: County, SFWMD, DEP, DCA, DOT, EPA and WQSC.
C. Implement thc carrying- capacity study by, among other things, the adoption of all
necessary plan amcndmcnts to establish a ratc of growth and a set of development
Plan amendments will include a review of the County's Future Land Use Map series
and changes to the map scrics and thc "as of right" and "maximum" densities
of the land and natural resources that would be impacted by the currently authorized
Agcncics: County, FKAA, FFWCC, DCA, DEP, DOH, DOT, SFWMD, SFRPC, EPA, Army
COE, WQSC, and USFWS, and other interested parties to include representatives of
D. Complete thc elimination of all ccsspits in arcas outsidc of Hot Spots. Agcncics:
County, FKAA, DOH and WQSC.
E. Develop a Keys wide master land acquisition plan which shall include:
(1) a strategy for the acquisition of those properties which should be
preserved due their habitat value as well as those othcr properties where-
future development is to be discouraged.
Future Land Use Element 18 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
(2) a management plan for implementing the strategy, and
(3) a reasonable, feasible plan for sccuring funding for said land acquisition.
Agencies: County, Land Authority, DCA, DEP, SFWMD, Army COE, EPA J -SFWS, and
othcr interested parties to include representatives of environmental organizations and
development intcrests.
housing stock
Agcncics: County, DCA, DEP, FFWC, USFWS, and other interested parties to include
YEAR SEVEN (July 13, 2003 through July 12, 2004)
Agcncics: County, FKAA, DEP, DCA, DOH, EPA and WQSC
B. Continue implementing selected projects as identified in the Storm Watcr Master
Plan.
Agcncics: County, DCA, DEP, DOT, SFWMD, EPA and WQSC
YEAR EIGHT (July 13, 2004 through July 12, 2005)
Agcncics: County, USFWS, FWCC, DEP, DCA
..• • . . - • . .. •. - . . • . . .
Agcncics: County, DCA, DEP
C. Begin public hearings for Conservation and Natural Arcas boundaries.
Agcncics: County
Areas B, n
Agencies: County
Agcncics: County, DCA
Future Land Use Element 19 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
modify the ROGO/NROGO system to guide development away from
Agencies: County, DCA
Natural Areas (Tier I) as a receiver site for ROGO exempt development from sender
sites; and to further limit clearing of upland native habitat that may occur in the
Natural Arcas (Tier I) and the Transition and Sprawl Reduction Arca (Tier II) upon
designation by the County.
Agcncics: County, DCA
H. Develop Land Acquisition and Management Master Plan and address both funding
Agcncics: County, DCA, DEP, USFWS, FWCC
1. Provide $40 million in financing secured by infrastructure tax for wastewater
facilities.
Agcncics
J. Begin construction of wastcwatcr plants or laying of collection Tines for Baypoint,
Conch Kcy and Kcy Largo Trailer Village /Key Largo Park.
Agcncics: County, FKAA, DEP, Kcy Largo Wastewater District
K. Ensure thc connection for up to 1,350 EDUs at Stock Island to Kcy West Resort
Utilities.
Agcncics: County, DEP
L. Complete lower Keys and Key Largo Feasibility Study.
Agcncics: County, FKAA, DEP
Agcncics: County, DEP, DCA
_ ... .. - - . - :'es to ensure that .... - .. ... -
601.1.7, but shall not be subject to thc competitive Residential Pcrmit Allocation and
Point System in Policy 101.5.4. remains affordable in perpetuity for future generations.
Establish a partnership with non profit organizations in order to construct affordable
housing using additional state funds.
Agcncics: County, FHFC, DCA\
.. - _ - --
Land Acquisition Master Plan.
Agencies: County, FHFC, DCA
P. Provide up to $10 million in bond financing from the Tourist Impact Tax for
Agcncics: County
Q. Complete a comprehensive analysis of hurricane3 evacuation issues in the Florida
Keys and develop strategics to reduce actual hurricane clearance timcs and thereby
reduce potential Toss of life from hurricanes.
Agencies: County, DCA
Future Land Use Element 20 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
YEAR TEN (July 13, 2006 through July 12, 2007)
Largo wastcwatcr facilities.
acs- County, FKAA, Kcy Largo Scwcr District
B. Begin construction of the lower Keys and Kcy Largo wastcwatcr plants.
Agencies: County, FKAA, Kcy Largo Scwcr District
C. Initiate connections to lower Kcys and Kcy Largo wastcwatcr systems.
D. Complete construction and hookups for Baypoint, Conch Kcy and Kcy Largo Trailer
Village /Key Largo Park.
Agencies: County, FKAA, Kcy Largo Scwcr District
E. Obtain $80 million in bond financing sccurcd by connection fees.
' - - • • - : Scwcr District
Future Land Use Element 21 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
Monroe County Comprehensive Plan Update
Policy 101.23.49
For those ROGO applications and properties which have not received bee
a ROGO award for four consecutive years and have applied for administrative
relief, which are . . - . • : • :. • - - - • • . • - ' - - designated
Tier I, II, or IIIA and have received negative habitat scores under ROGO, 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 101.23.1510
Notwithstanding any other provision of the comprehensive pP1an, ROGO
allocations and nutrient reduction credits utilized for affordable housing projects
may be pooled and transferred between ROGO sub districbareas, excluding the
Big Pine/No Name Keys ROGO subarea, and between local government
jurisdictions within the Florida Keys Area of Critical State Concern (ACSCI. 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 (bv July
15th) any remaining allocations for the 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
available for Administrative Relief.
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Future Land Use Element 22 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
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 squ fe- €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 .. :... . . • _ . . . . . • .. -
• • - • - • •. - - .development to maintain a ratio of
approximately 239 square fcct of new non residential : - - .. • • . . . - -
-'. . _ -- . - - -- • -'. '- _ -•. Thia
ratio may be modificd from time to time through amendments to the land
by policy 101.3.5. The commercial nonresidential allocation allowed by this policy
shall be uniformly - distributed on an annual basis,_ • - • • - - - ' - • : - • .
- - - •- . - • - pursuant to Policy 104.4.3. in 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 (For future development in the Ocean Reef planned
development based upon the December 2010 Ocean Reef Club Vested
Development Rights Letter recognized and issued by the Department of
Community Affairs).
P n4 2 2
Applicants shall be required to obtain letters of coordination confirming the
Policy 101.34.32
The Permit Allocation System for new non - residential { NROGO)
floor 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 allocation
Future Land Use Element 23 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
Monroe County Comprehensive Plan Update
award, ..., .. _ . - - - • . , .. - -
b) the amount of squarc footagcnonresidential floor area available for
allocations but not allocated in the previous NROGO year;
1-)c) the amount of nonresidential floor area not made available for the
previous NROGO year allocation by the BOCC;
d) modifications required or provided by this plan;
e)e) modifications required or provided by Administration Commission
Rules; and
dflreceipt or transfer of floor area by intergovernmental agreement.
2. maintaining a ratio of approximately 239 squarc feet of ncw non residential
development for each ncw residential unit permitted through the Permit
Allocation System, as may be amended from timc to time in 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.
•._• •:
lien > ion.
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
jg Pine/No Name 2,390 SF
Total 47,083 SF
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
Future Land Use Element 24 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
Monroe County Comprehensive Plan Update
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 4,339 square feet
Upper Keys & Lower Keys 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.
-1-2. 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 In designated areas, nonresidential development by federally
tax- exempt not - for - profit institutional uses (educational, scientific,
research, health, social service, religious, cultural, and recreational
organizations) shall be exempt upon a finding by the Planning Commission
that such activity will predominately serve the County's non - transient
population.
Future Land Use Element 25 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
Monroe County Comprehensive Plan Update
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).
Polley-104734
By July 2005, Monroe County shall complete a markct dcmand analysis and
economic assessment to determine the dcmand for future non residential
residential uses may be revised based upon the results of this study, and other
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Future Land Use Element 26 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
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) 3 }, H163.3177(6)(a),F.S.]
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. .- . :: • : -, .. .. .
- .
... - - - -
-• - • - - -- • - . . .
. • - • .. _ -
limited in intensity, floor area, density and to the type of use that existed on
• D • . -
. _ . ..
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 - ... -
institution of the 2010 Comprehensive Plan (pre 2010 LDR's), and that lawfully
and to the typo of use that existed on January 1, 1996 or limit to what the pre 2010
- - •.
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. 1=lewever-Monfee
,
Future Land Use Element 27 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
.. • \ - --
that were in cffcct 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 to develop, redevelop, reestablish and /or substantially
-
the type of use that existed on January 4, 1996 or limited to what the pre 2010
LDR's allowed, whichever is more restricted. Lands within this land use
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. - . - - • . • - . .... - ` .: -
_.. \
- - - - - 1 1
- • _ _ 1.
. - . : - . : .. • - . .. . •. .. •::.: • -
• .. i
4 41_ • .. 1 1 \ 1' • 7.
Policy 101.5.5
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,
redevelop, 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.
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 28 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
a proactive role in encouraging the maintenancepreservation 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:
-h1. 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.
O 'o incentivize additional preservation of recreational anc c
waterfront uses, the following shall be available:
i. For the preservation of 36 -50% of the upland area Xrproperty 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 ma be developed tale
�` y purs P
m ithou
272. 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.
473. 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 29 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
S4. 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.
675. 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 reservation of a public access walkway
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. [9J 5.006(3)(c)1 and 7]
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 30 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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
?. a maximum floor area ratio of 0.15 shall applv.(Ordinance 010 -2013)
Policy 101.45. ;9
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. [94 c 006 33(-0 and '"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
euhucalaquaculture uses. [9J c 006(w,.)1 and 7][ §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.
{9J 5.006(3)(c)1 and 7] f6163.3177(6)(a) F.S.]
Policy 101.45.1012
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 0060
f 163.3177(6)(a), F.S.]
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. {9J 5.006(3)(a) 1 and 7}J &163.3177(6)(a)7., F.S.]
Policy 101.45.1314
The principal purpose of the Public Buildings /Cowin& Lands (PB) future land
use category is to provide for public buildings and grounds owned by federal,
Future Land Use Element 31 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
state and local governments. [9J 5.006(3)(c)1 and 7], which serve the population
of the County. j§ 163.3177(6)(a), F.S.1
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. {93-
54)06(--3-)(04-and-7-}[§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 101.45.2225, consistent with natural resource constraints as
well as all County environmental design criteria.J §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. {93-
5.006(3)(c [§ 163.3177(6)(a)3.f., F.S.1
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 101.45.4619
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 emergency housing), non -
compatible educational uses (including but not limited to ,prK 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. [§ 163.3177(6)(a)3.b., F.S.]
Policy 101.45.4720
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 32 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
shall be allowed. All land in the mainland portion of Monroe County is hereby
designated as Mainland Native.J&163.3177(6)(a)3.f., F.S.I
OVERLAY CATEGORIES
Policy 101.45.1821
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.
J& 163.3177(6)(a)3.f., F.S.1
Policy
_
1 • . -
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 Count} 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 33 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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>
- ... • . „ •
scrvc the immcdiatc vicinity or serve the Upper or Lowcr subarca. This category
1n
order to protect env' • • . - • ' ' - , • - - : - .. • -
1. only low intensity commercial uscs shall be allowed; and
2. a maximum floor area ratio of 0.15 shall apply.
(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.-1-7-20 [ §163.3177(6)(a)1.,F.S.].
Future Land Use Element 34 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
Future Land Use Densities and Intensities
Future Land Use Category Residential (I) Nonresidential Minimum
And Corresponding Zoning Open Space
c4) Maximum Net Density Ratio (c)
Allocated Density (a) (b) 04 Maximum Intensity
(per upland acre) (per buildable acre) (floor area ratio)
Agriculture /Aquaculture 0 du N/A 040 Per
(A) (4 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
(1 and MI zoning) 0 rooms /spaces N/A
Institutional (1NS)" 0 du N/A 0.25 0.10 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 0440 0.95 -0.99
(MN zoning) 0- room42 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 1- du (DR, MU, MI) 0.10 -0.45
(MC P& & 3 du (SC) 2 du (MI) (SC, UC, DR, �;
(SC, UC, DR, RV, MU and 6 du (UC) 12 du (UC, MU) and-MU-zoning) 0.20
MI zoning) Commercial Apartments 18 du (DR)
<2,500 SF (RV)
(RV) 10 -25 rooms /spaces
5 -15 rooms /spaces 24i:1-W4-zoning)
,,,, , �� 0.30 -0.60 (MI
zoning)
Mixed Use /Commercial Approx,-3-81 du
Fishing (MCF) (CFSD-201 12 du (CFA, CFSD)
(CFA, CFV ( ' 4 , CFSD 3 du (CFA, all other 0aaemtsfspaeesN /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
(no directly corresponding 0 rooms /spaces N/A 0 1.00
zoning)
Public Facilities 0 du N/A 040 -0.30
Buildings/Lands (PFPB) 0 rooms /spaces N/A Per
c44) underlying
(no directly corresponding zoning
zoning)
Public 0 du N 01-0 -0.30 Per
Facilities (PPF) (1 0 rooms /spaces N A underlying
Future Land Use Element 35 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
(no directly corresponding zoning
zoning)
Recreation (R) 0.25. du N/A 0.20 0.90
(PR zoning) 2 rooms /spaces N/A
Residential Conservation 0 -.10 du (OS) 0- 0.4420 0.95
(RC) 0.25 du (NA) N/A
(OS and NA zoning) 0 rooms /spaces N/A
Residential Low (RL) 045-0.50 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) _apprex. 0:5 -8-da
(IS, IS -V. IS -M and IS -DPI (1 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* URMw, URM -L 6 du (UR) URM -L)
and UR zoning) F1- du/lot (URM. URM- 12 -25 du (UR) 0 020
2 du/lot (IS -D)) 0 -20 rooms /spaces
0 -10 rooms /spaces
Notes:
(>3a The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the
maximum net densit:ies•density bonuses shall not be available.
(e)(11)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 CFV zoning shat
standard up to -and -the maximum net density standard. Deed restricted affordable dwelling
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 a parcel 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.
fOLD_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 residential density bonuses shall not applybe available.
•
(j3jgA mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land
Future Land Use Element 36 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
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,
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 prior to September 15, 1986.
(k) The maximum net density for the UR zoning district shall be 25 du/buildable acre for development where all units are
deed restricted affordable dwelling units.
(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 37 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
Policy 1
In order to continue to implement the Florida Keys Carrying Capacity Study,
Monroe Count shall promote the reduction in overall County residential density
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 ma amendments which increase allowable
residential density . 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, which pro ose increases in
allocated residential density shall be require
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 , a private applicant shall purchase and
dedicatee land to Monroe County for conservation that is a minimum of
twice the size of the . arcel sub'ect to the . ro • osed re. uest d *, a residen
A .
. . • - - • . . The following requirements
apply:
• The dedicatedtlenated 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 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 dedicateenate a lot designated as Improved Subdivision (IS)
district on the Land Use (Zoning) District map - - - -. ' -- .
.. • • : • :. : • . - - • - : : to Monroe Count
equivalent ensity 're
rd" isin T . The following requirements apply:
Future Land Use Element 38 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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 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 dedicatedeeated 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 41111
de i or
• The IS lot(s) shall Abe dedicated to Monroe County for affordable
housing projects.
For options (1) and (2) described above, the arcel which is the subject of the
request to increase its residential density must be designated as
Tier III and have existin ublic facilities and services and available central
wastewater facilities.
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 1 density and /or intensity 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 39 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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 I, 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 III Mid-Suitable-for affordable housing.
(Increase of 20 units = 20 IS lots)
(Ordinance 028 -2012)
Future Land Use Element 40 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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, II, III and Tier III -A shall be limited to the portion of the
property containing upland native vegetation in 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
I 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
IB 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 41 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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 Protection of reasonable configuration up to 18 feet in width is permitted to provide
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 p-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 101.45.22 -27 shall control.
— (Ordinance 026 -2012)
Policy 101.45.2629
Notwithstanding the density limitations set forth in Policy 101./1.215.25, land
upon which a legally lawfully established residential dwelling unit exists shall be
entitled to a density of one dwelling unit per each srecognized lawfully
established unit. Such legallylawfully- established dwelling units,) shall not be
considered as non - conforming as to the density provisions of policy Policy
101.45.2 -1-25 and the Monroe County Code.
Policy 101.45.2630
In order to preserve the existing community character and natural environment,
Monroe County shall limit the height of structures., including mechanical
equipment and landfills to 35 feet. Exceptions will be allowed for appliftenaftees
. • . , .. -- - - - - • -- • .. . spires and/or
steeples on structures used for institutional and/or public uses only; chimneys;
radio and/or television antennas; flagpoles; solar apparatus; utility poles and/or
transmission towers; and certain antenna supporting structures with attached
antennas and/or collocations.
Wind turbines may exceed 35 feet provided the site and the turbines are owned
and operated by a public utility, have an Avian Protection Plan approved by the
United States Fish and Wildlife Service (USFWS) and the turbines comply with
relevant State and federal wildlife protection laws such as the Endangered Species
Act, Migratory Bird Treaty Act, Bald and Golden Eagle Protection Act, and
National Environmental Policy Act.
Future Land Use Element 42 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
In no event shall any of these exceptions or exclusions be construed to permit any
habitable or usable space to exceed the maximum height limitation. In the case of
airport districts, there shall be no exceptions to the 35 foot height limitation.
Height is defined as the vertical distance between grade and the highest part of any
structure, including mechanical equipment, excluding the exceptions listed above.
Policy 101.5.31
For Ocean Reef, a gated community which is inaccessible to the surrounding
community, is isolated and has a distinct community character, structures may
include non - habitable architectural decorative features that exceed the 35 foot
height limit in Policy 101.5.30, but such features shall not exceed 5 feet above the
structure's roof -line.
Policy 101.5.32
In order to protect property from flooding and reduce flood insurance costs for
property owners, an exception shall be provided to the 35 foot height limit in Policy
101.5.30 as follows:
Flood Protection Height Exception
• For every one (1) foot a structure is raised above the minimum required
FEMA base flood elevation (based on the flood zone) of the structure, an
increase of height over and above the 35 foot limit, equal to the amount of
the increased elevation, will be permitted, up to a five (5) foot maximum.
• No exception shall result in a structure or any architectural feature with a
height that would exceed 40 feet.
• Height is defined as the vertical distance between grade and the highest part
of any structure, including mechanical equipment, excluding the exceptions
listed Policy 101.5.30.
Future Land Use Element 43 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
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:
l.encourage the redevelopment and renewal of blighted areas [9J 5.006(3)(b)2];
1. maintain and enhance the character of the community [9J
5.006(3)(b)3];[§ 163.3177(6)(a)2.c.,F.S.I;
3-2. protect natural resources [9J 5.006(3)(b)4];[[§ 163.3177(6)(a)3.f.,F.S.1;
3. encourage a compact pattern of development {
5.006(3)(b)7]; [§ 163.3177(6)(a)2.h.,F.S.I;
4. encourage the development of affordable housing; an
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 adopt through itamaintain land development regulations a
which provide for a Point System for new residential (ROGO) and non-
residential (NROGO) development to replace the existing Point System by no later
than July 1, 2005. Except for affordable housing, this Point System, as set forth in
Policy 101.65.4 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 101.65.4 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 .. • . . - . • . ... ' - _ • ... .., . .
- ...: . - _..: e - .. - - - ' - _ . • . : ...: the Upper and
Lower ROGO sub - areas. Other criteria and corresponding points are allocated to
Future Land Use Element 44 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
Monroe County Comprehensive Plan Update
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 beat within ° 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)11
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
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 -reted for resource conservation and protection.
Future Land Use Element 45 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
Monroe County Comprehensive Plan Update
PointAssi• nment: Criteria Outside Bi - Pine Ke and No Name Ke :
+10 Proposes a dwelling unit within areas designated Tier I [Natural Area]
fI0 ... - - .. ... • - _ •_.. . .
• ••• .•.. .
120 ...- _ -.. •- ... - ==
Big Pine Kcy or No Name Kcy.
+20 Proposes development within areas designated Tier III [Infill A • [Special Protection Area] - - - - - - • . • . - - -
a Special Protcction Arc.
+30 Proposes development within areas designated Tier III [Infill Area]
clearing of any upland native vegetation within a Special
P A,
Point Assignment Criteria (Within Biz Pine Key and No Name Key):
+0 Proposes a dwelling unit within areas designated Tier I [Natural
Areal on Big Pine Key and No Name Key
+10 Proposes development within areas designated Tier II
[Transition and Sprawl Reduction Area on Big Pine Key or No
Name Key],
+20 Proposes development within areas designated Tier III [Infill
Areal 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 Biz Pine Key and No Name Kev):
- Proposes development on No Name Key.
-10 Proposes development in designated Lower Keys M rmarsh Rabbit
rabbit habitat or buffer areas as designated in the Cow
Ilan:
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: October 2014
Monroe County Comprehensive Plan Update
3. Wetlands - The following points shall be assigned to allocation
applications on Tier III parcels thatwhich 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 Page Intentionally Left Blank>
Future Land Use Element 47 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
4.- Lot Aggregation — The following points shall be assigned to allocation
applications to encourage the voluntary reduction of density through
aggregation of legally platted buildable lots within Tior II and Tior III
areas.
Point Assignment: Criteria: (Outside Big Pine Kev and No Name Kev): 1.2
Name Key that meets the aforementioned requirements will earn
+3 per lot aggregated Each additional contiguous vacant, legally platted lot which is
aggregated in a designated Tier I area outside of Big Pine Key and No
Name Key that meets the aforementioned requirements will earn
additional points as specified.
+4 per lot aggregated Each additional contiguous vacant, legally platted lot which is
aggregated in a designated Tier III -A (SPA) area outside of Big Pine
Key and No Name Key that meets the aforementioned requirements
will earn additional points as specified .A
44 +6 per lot aggregated Each additional contiguous vacant, legally platted lot which is
aggregated in a designated Tier 1I or III area enoutside of Big Pine
Key and No Name Key that meets the aforementioned requirements
will earn additional points as specified.
' Applies to new applications entering the permit allocation system after July affitaPV 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.
any proposed development that involves the clearing of any
Point Assignment: Criteria (Within Big Pine Kev and No Name Kev): 1'2
+3 per lot Each additional contiguous vacant, legally platted lot which is
aggregated aggregated in a designated Tier II or III area on Big Pine Key and No
Name Kev that meets the aforementioned requirements will earn
additional points as specified.
+4 per lot aggregated Each additional contiguous vacant, legally platted lot which is
aggregated in a designated Tier I area on Big Pine Key and No Name
Key that meets the aforementioned requirements will earn additional
points as specified.
' Applies to new applications entering the permit allocation system after July effiffiff 13, 2015.
F uture land Use Element 48 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
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 Rernainder of This Pa;e Intentionally Left Blunk>
Future Land Use Element 49 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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 S ecial Protection Areas (SPA), for the purpose of
or providing land for 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. (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 ff c ie n t m l
sire- andcontaining a minimum of 2,000 square feet of uplands d- rea 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 .oints as specified. lot
ittr minimum of 2,006 square eet o uplands, d as Tier or t e
retirement of development rights. Each additional vacant
n po
+0.5 for each platted Proposes dedication to Monroe County of one (1) vacant, legally platted lot
lot of at Toast 5,000 square foot in sizo 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 foot of 5,000 square foot or more in size, within a Tier I area, designated as
loge Residential Low with a maximum nct density 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.
+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, of sufficient minimum lot sizc and containing a
minimum of 2,000 square feet of uplands.,
Future Land Use Element 50 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
buildable. 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 *) ef—suffieiebt
minimum lot sizc 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 ... - •
_. • . " - - - . - _. .. - -
additional vacant, legally platted lot that meets the aforementioned
+2 ' ... - • - -• • -
- . . I•-: • . .
peints-as-spesified
Point Assignment: Criteria (Within Big Pine Key and No Name KeY):*
+2 for each platted lot Proposes dedication to Monroe County of one (I) vacant, legally platted lot,
designated as Tier I or Tier II 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.
+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
s ecified.
Proposes
as Tier III on tg one ey or o ame ey, containing a minimum o
2,000 square feet of uplands. Each additional vacant parcel that meets the I,
quirements will earn points as specified.
Future Land Use Element 51 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
6. Market Rate Housing in Employee or Affordable Housing
1refeetDevelopment - 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 601.16 ,7 and other requirements
pursuant to the Land Development
RegulatieneCode.
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:
- Proposes development structures requiring an
allocation within "V" zones on the FEMA flood
insurance rate maps.
-4 An application for which development is
• ro. osed 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 BA-T/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
Future Land Use Element 52 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
10. Energy and Water Conservation - The following points shall be assigned
to allocation applications on lands designated as Tier In 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.
4011. Perseverance Points — One (1) point shall be awarded for each year that the
allocation application remains in the allocation system up to a-magEimum
. • . • - - - . • .. • • 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 Pape Intentionally Left Blank>
Future Land Use Element 53 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
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 must be acquired orare
targeted for acquisition and the retirement of development rights - retired for
resource conservation and protection:
Point
Assignment: Criteria (Outside Big Pine Key and No Name Kev):
0 Proposes new non - residential development within an area designated Tier I
[Natural Area], - - . - - - .. . . . - .. • :
110 ... ..
-
+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 Big 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 Keyl.
+4 Proposes expansion of an existing, lawfully established nonresidential
development regardless of Tier, with no further clearing of any native
Future Land Use Element 54 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
Monroe County Comprehensive Plan Update
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 used for this criteria, floor area does not include space occupied
Point ss g-•- -•t• Criteria:
ratio (FAR) to twcnty three perccnt (23% ) or less.
2.3. 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 204.2.4 -2 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
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: October 2014
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-a 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 n Criteria: (Outside Big Pine Key and No Name Key)
+4 for each platted lot Proposes dedication to Monroe County of one (1) vacant, legally platted
lot, designated as Tier III for affordable housing,
lie- containing a minimum of 2,000 square feet of uplands
Each additional vacant, legally platted lot
which i° dedicated that meets the aforementioned requirements will earn
the additional points as specified.
11 per 5,000 square - • - - - - • . •. • . • . • . .. • . . . .. :. - .
feet of lot arep five thousand (5,000) square feet or more in size, designated as
.
• • -
+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 f iced to
be-buildable 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 platted
lot 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) ef-seffieieiu
c ontaining . - - ... ... _ . .. . - . :.. a
minimum of 2,000 square feet of uplands. Each additional vacant,
Future Land Use Element 56 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
Monroe County Comprehensive Plan Update
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, 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 •-::: - . . ":• - - • - - -
+2 - - • - - - .. • . . . - . . . ,
(1) acre of vacant, unplattcd land that mccts the aforementioned
Point AssiMnment: Criteria: (Within Bij 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 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 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.
+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 re. uirements will earn . oints as s. ecified.
Future Land Use Element 57 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
Monroe County Comprehensive Plan Update
54. 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.
65. Perseverance Points - One (1) or two (2) point 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.
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.
+? The development provides no new driveway or access -way Leon U.S.
Highway 1 and provides a connection between commercial uses.
8,7. 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: October 2014
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.
. Roses
nimum of 2 000 square feet of u.lands desi_nated as Tier 11I for the
irement of development rights. Each additional vacant parcel that
platted lot, designated as Ticr I or Ticr II on Big Pine Kcy and Na
that moots the aforementioned requirements will carn points as
speeified
additional one (1) acre of vacant, unplattcd land that meets tho
Point As Criteria: (W ithin Bi P ine Key an No Name K ey)
+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 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, le • all , Tatted lot that meets the aforementioned re' uirements.
6 - -., ;.'. 1, ®.+ is To a *.i: ._ ry.. a
inimum of 2,000 square feet of uplands, designated as Tier 1I1 for the
retirement of development rights. Each additional vacant parcel that
meets the aforementioned requirements will earn points as specified.
Future Land Use Element 57 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
54. 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:
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.
675. 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.
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 teon U.S.
Highway 1 and provides a connection between commercial uses.
877. Landscaping, Energy and Water Conservation - The following points
shall be assigned to allocation applications on lands designated as Tier I11
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: July 2014
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 land sage -- Plants required by this— chapterthe Land
Development Code within landscaped bufferyards and parking areas.
+�l 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 sash
asincluding the use of one hundred percent (100 %) native plants for
vegetation, collection and direction of rainfall to - landsca ed 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.*
ti ono
ludes the installation of a gray Ovate:
e od ;wf
* 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 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.
Future Land Use Element 59 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
48:9. Employee Housing — The following points, up to a maximum of four (4),
shall be assigned to allocation applications, including new €ei—employee
housing units:
Point Assignment: Criteria:
+2 Proposes a*-a new employee housing unit which is located on the
same-a parcel with a non - residential use.
1-10. 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.
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.
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Future Land l -se Element 60 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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).
Policy 101.56.8
Monroe County -- . : . -- , . - : shall maintain a Transfer of ROGO
Exemption (TRE }) program, that wed allows 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. In addition, the receiver site shall be located within a Tier III arca
outside a dcsignatcd Special Protcction Arca and for a receiver sitc on Big Pinc Key
-
Sender Site Criteria:
1. Contains a documented lawfully - established sender unit recognized by the
County; and
2. Located in a Tier I, II, 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.,
5. Does not propose the clearing of any portion of native habitat;
6. Structures are not located in a velocity (V) zone or within a CBRS unit; and
Future Land Use Element 61 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
Monroe County Comprehensive Plan Update
7. Is not an offshore island.
For the purposcs of NROGO scoring pursuant to Policy 101.5.5, lawfully
established non residential uses shall be assigned 120 points. If any such usc iJ
the usc is located.
Policy 101.56.429
Nonresidential development on Big Pine Key and No Name Key will be allocated
pursuant to the following additional criteria:
Development must be:
1. iInfill in existing commercial areas in Tier II2 and Tier III4 lands, mainly
along the U. S. 1 corridor on Big Pine Key.
2.
All new nonresidential development will be limited to disturbed or scarified
lands.
4.
5,3. 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.
6.
?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.
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.
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•
Future Land Use Element 62 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
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 10147.1
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 Iparcel 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);.
2. a designated, Tier II or III -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: July 2014
Monroe County Comprehensive Plan Update
Policy 101.67.2
Monroe County recommends that the Monroe County Land
Authority shall 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: July 2014
Monroe County Comprehensive Plan Update
•s• •. • ..
The County will coordinate with DCA to ensure that DCA continues to support
enhanced land acquisition efforts in the Keys based on needs identified in this
comprehensive plan. This coordination shall ensur
acquisition efforts undcr CARL, Preservation 2000 and thc Florida Communities
Trust programs. The County encourages the Department to work at thc state level
to create a dedicated acquisition fund for Ticr 1 lands on
Name Kcy based on the results of the Carrying Capacity Study, the requirements
of the incidental take permit and Habitat Conservation Plan and the Master Plan
for- Big-I?:nc Kcy and No Namc Kcy. The County and the Department will also
• . • • ' -
Florida Land and Sea Trust.
Monroe County, the state, or othcr acquisition agency shall pursue land • - . . .. - - . • - - - .. . 1 . • _ ! . , • . :•- - - -- •
1. a dcsignatcd Tier 1 arca;
2 a designated Ticr 11I Special Protcction Arca; or,
3. a dcsignatcd Ticr 1I1 arca on a non waterfront lot suitable for affordable
Wig.
. • • • if.-e:
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 I 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: July 2014
Monroe County Comprehensive Plan Update
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Future Land Use Element 66 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
Objeeti
plans for ar as determined to be in need of redevelopment. [9J 5.006(3)(b)2]
Polio
By January 1, 1998, Monroe County shall conduct a needs asscssmcnt of potential
redevelopment areas. This assessment shall analyze land use changes, property values,
-- . -
City of Kcy West.
Policy 101.7.3
of Necessity as specified in the Florida Community Redevelopment
Act, Chaptcr 163, Part 1I1, F.S. for any area or areas where such a Finding is deemed
Policy .4
•.• - . -.
area or arcas for which thc Board of County Commissioners adopts a Finding of
Necessity.
Policy 101.7.5
conformance with Chaptcr 163, Part III, F. S. and approved by the Board of the County
C
The Monroe County Planning Department, in coordination with the Office of
by the needs asscssmcnt of potential redevelopment areas.
Policy 101.7.7
thc Monroe County Housing Authority, the Monroc County Sheriffs Department, and
Future Land Use Element 67 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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, and structure which are
- . • • • . :. • -.: - - :: - : : : : - - - .. - . 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.]93-
3406(3)(b)3]
Policy 101.8.1
Monroe County shall prohibit the expansion of non - conforming uses. [9J
54406(3)(c)2}
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 fayshall 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.
of a structurc, the cost of which equals or excecds fifty percent of the pro
• 1 . _
Policy 101.8.56
NeFtLawful 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: July 2014
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,
redevelop, 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.
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Future Land Use Element 69 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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.]
Policy 101.9.1
Substantial improvement is defined as any repair, reconstruction or improvement
of a structure, the cost of which equals or exceeds fiftv 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 101.89.93
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 101.8940.4
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
lheiglthigh water.
Future Land Use Element 70 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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.
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Future Land Use Element 71 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
Objective 101.910
Monroe County shall provide for drainage and stormwater management so as to protect
real and personal property and to protect and improve water quality. [9J 5.006(3)(b)1]
N 163.3177(6)(c), F.S.]
Policy 101.910.1
.: •- - - : - - • - ' - -, Monroe County shall adept—and
ifftplementmaintain 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 flevelepment-peffnitcertificate 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.) f93-
5.006(3)(c)4]
Peli4
e • _ - • -- - -
- - - . . • _ •• - . 1
. ai.
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.)
6 ( 3 )( ]
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 Count shall use the adopted Stormwater Management
Master Plan as a guide for stormwater management to
protect personal property and to protect and improve water quality.
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Future Land Use Element 72 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
Objective 101.4411
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. {93- 5:906(3)(b)4]
Policy 101.4411.1
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. Ft-J-57006(3)(-06}
Policy 101.4011.2
By January 1, 1998,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. f93--5,006(-346-)61
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Future Land Use Element 73 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
Obj 1n> >>
y:...:...�.:.� .arm a-u=JAIM
•• ... ._
• 12•' . • . • 2.
Future Land Use Element 74 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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 5.006(3)(b)81[§ 163.3177(6)(a) F.S.j
roc County shall adopt a Concurrency Management
Systcm in accordance with Policy 1101.1.5 of the Capital Improvements Element
- -.... . !. ... .. .' .. •- -- --
development is authorized. [9J 5.006(3)(c)3]
Policy 101.12.31
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 Municipal Services District, the Florida Kcys Aqueduct
Authority, City Electric System and the Florida Keys Electric Cooperativoutility
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]
Polley-10442J
- • -
11.
•
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: October 2014
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
facilitiesy other than water distribution and sewer collection
lines, er 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.
The site of the Kcy Largo Wastewater Trcatmcnt Facility (located at mile marker
100.5) with an allowed cloring of up to 4.2 acres shall not be subject to this policy.
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. {9J-
5,006(4)(02-and-64
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Future Land Use Element 76 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
Monroe County Comprehensive Plan Update
Objective 101.13
Monroe County shall .. . . . - .. - - • * - _ . maintain land
development regulations which implement thc Goals, Objectives and Policies of the
Comprehensive Plan. Such regulations shall include a Pcrmit Allocation System for
Development Rights (TDR) regulations to address existing deficiencies in thc TDR
pregrama Transferable Development Rights (TDR) program. [9J 5.006(b)911
P n1 . 1 34
By January 4, 1997, Monroc County shall adopt Land Development Regulations
residential development (Sec Policies 101.2.1, 101.3.1, and 101.5.1).
Policy 101.13.21
By January 4, 1998, Monroe County shall evaluate monitor the existing TDR
program and adopt maintain Land land D development Regulations
regulations which address identified deficiencies in the program_. The following
• • - • . • • • _ • - . • and evaluate the following:
transfcrrcd development rights continue to pay taxes on such rights until
development orders have been issued for thc transfcrrcd rights at the
receiver sites;
24. e tab'ishment of criteria for designation of sender and receiver sites based
- - . :pursuant
to Policy 101.13.3;
372 establishment-of-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. Atam ittimu- *The LDRs shall be reviscdcontinue to require
that a restrictive covenant be recorded on the sender site deed at the time of
the • • ..: • - ' - - . • . . - -- building permit
issuance for the receiver site; and
4. establishment of a management and accounting system to tract track
T-DRSTDRs.
Policy 101.13.22
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: October 2014
Monroe County Comprehensive Plan Update
(The remainder of this page left intentionally blank.)
101.13.2, parcels within thc following habitats and land use districts shall be
designated as sender sitcs for Transferable Development Rights (TDRs):
Any parcel within thcsc zoning categories:
Offshore Island (OS) Sparsely Settled (SS)
Main land Native (MN) Parks and Rcfugc (PR)
Native (NA) Conservation (C)
Habitat of thc following types which lic within any zoning category:
Freshwater wetland)
Saltmarsh/Buttonwood wetlands
High quality high hammock
High quality low hammock
Moderate quality high hammock
Moderate quality low hammock
High quality pinclanth
Low quality pinclands
Bcachlberm
Cactus Hammock
Dist \-°
Policy 101.13.53
Systcm is fully functional, Monroc County shall map potential TDR sender and
receiver sitcs as specified in Policy 101.13.4, and shall map parcels from which
development rights have been transfcrrcd. Thcsc maps shall be updated as
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 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;
Future Land Use Element 78 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
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;
5. Does not propose the clearing of any portion of native upland habitat;,
6. Is not located within a designated CBRS unit and
7. Is not an offshore island.
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Future Land Use Element 79 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
Monroe County Comprehensive Plan Update
Objective 101.14
By January 4, 1997, Monroe County shall adopt Land Development Rcgulationsmaintain
land development regulations which direct future growth away from areas subject -te
pepiedie-fleeiliftwithin the Coastal High Hazard Area (CHHA).
•
Policy 101.14.1
Monroe County shall discourage developments proposed within the Coastal High
Hazard Area (CHHA)-, J[ 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 subdivision
zoned for such useURM Subdivision. [9J 5.012(3)(c)3]
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Future Land Use Element 80 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
Monroe County Comprehensive Plan Update
2. Must have an adopted maximum net density standards;
3. Includes all infrastructure (potable water, centralized wastewater, paved
roads, etc.);
4. Located within a Tier III designated area;
5. Does not propose the clearing of any portion of native upland habitat;,
6. Is not located within a designated CBRS unit and
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Future Land Use Element 79 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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
periodic floodingwithin 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 s..
zoncd for such useURM Subdivision. [9J 5.012(3)(c)3]
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Future Land Use Element 80 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
Objective 101.15
Monroe County shall enforce and update maintain the existing Ssign Offliftanee
regulations in order to maintain and improve the visual character of the County and
protect adjacent land uses.
Policy 101.15.1
. • ' • :, Monroe County shall continuecomplcte an evaluation of the
i _ •
' - • • . - - t identified deficiencies and to eliminate illegal
signage, and eliminate non - conforming signagc signs if damaged more than fifty
percent of the pre- destruction market value of the signconditiona. [9J
5.006(3)(c)1]
- - - - . • . : - is page left intentionally blank.)
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Future Land Use Element 8I Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
Objective 101.16
By January 4, 1998, Monroe County shall adoptmaintain 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 4, 1998, Monroe County shall
Regulatieftsmaintain 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. f 9J-
5.006+( e)4 ]
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Future Land Use Element 82 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
• •• • - -
Systcm (GIS) for usc in managing future land usc. The database shall incorporate 1990
C ..c a ti o
P t n1 t 7 2
Policy- 1Al'�3
. - - . • .. . - _ • • , . • . . •- • .
a go
r_IS pl: a t:
• . . . e - . - • . - - • .... .. • - .. - -- • - - . -. •
. . - - - - - - . . - ' - . . .. -
Future Land Use Element 83 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
Objective 101.178
Monroe County hereby adopts thc following procedureG a e nt er -i , 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 thc cffcct of such
detenninatienk
Policy 101.178.1
VESTED RIGHTS
•
c) appointmcnt of a hearing officer who shall give noticc, schedule, and
- - . . . ... . • - - -• . - - . : • - . _ . . .
0
h)
i thc gcographic scopc of thc Dctcrmination in relation to thc total ar a of
de a ;
j0
- - . .., . - - - . • - , • - .: • -, • • - . ,
permit a il,. a ti on .
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.
and
3.
the C ompr ei. cn ve Pl
5. Polley 101.18.2
?. 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: July 2014
Monroe County Comprehensive Plan Update
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.
4,5. 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:
the applicant has reasonably relied upon an official act by the County. For the
one or more valid, unexpired permits or approvals issucd by Monroe County,
Of
the criteria established in Section 380.05(18), F.S.; or
. .. .. .- -- -.. . !- - .. ---
Regulations in effect as of September 15, 1986; or
a valid, unexpircd building permit issucd prior to the effective date of this
Comprehensive Plan; and
Future Land Use Element 85 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
Monroe County Comprehensive Plan Update
-
- - . .-
Policy 101.178.24
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 101.4-817.1 and 101.18.2.
Policy 101.17834
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 101.178.45
BENEFICIAL USE
1. It is the policy of Monroe County to ensure that neither the provisions of
this Plan nor the LDC shall
result in an unconstitutional taking of private property. dcprivc a property
Plea. 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. • .. • , . .. . ...
. _ .. _ _ - . . - . :. _. . For the purpose of this policy,
beneficial use shall mean the minimum use of the
property necessary to avoid the finding of a regulatory taking a-taking
• • - • - • . - - : - • •- - . - .: • - :: under current land use
case law.
Future Land Use Element 86 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
Monroe County Comprehensive Plan Update
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 mall beneficial use is prohibited. This
alternative shall be the preferred alternative when beneficial use has
been deprived by application of ien-8 Chapter 138 of the Land
Development Rev:gegensCode. This alternative shall be the
preferred alternative for Tier I, II, 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 Comprehensive Plan
and . - : - .. • - ' - : . : - LDC 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.
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•
Future Land Use Element 87 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
Monroe County Comprehensive Plan Update
Obiective 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 • • .: • - :, :. • . • ••
, .• - . - .. . . • . - •• - - . . : - • - : , and shall not exceed the
maximum density of the future land use category or the land use district, whichever is less.
- - .
4et7Monroe 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 101.181.1
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. [9J 5.006(3)(c)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.
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Future Land Use Element 88 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
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 101.1920.1
Monroe County shall develop a series of, maintain, and update periodically, as
appropriate, with public input, the Livable CommuniKeys Community Master
Plans. Community Master Plans will be develepedmaintained 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 20402030 Comprehensive Plan
to ensure legal requirements are met. While consistency with the goals of
the 20102030 Comprehensive Plan is paramount, the 20402030 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 20402030 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: July 2014
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 101.2019.2
The Community Master Plans shall be incorporated into the 204-02030
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 )7_
Future Land Use Element 90 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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
tOnly 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-and. Only the term Action Item
isltems denoted with a green checkmark in this Master Plan have been
adopted equivalent to the term Policy; in the meaningsComprehensive
Plan. Strategies and - .. • - -- - - - -- - - . • ction Items
without a green checkmark next to them are 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 tcrmOnly 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-and. Only the tcrm Action Item i dtems denoted with a green
checkmark in this Master Plan have been adopted equivalent to the term
Policy; in the tneaningsComprehensive Plan. Strategies and de s
fer-implenientatienAction Items without a green checkmark next to them
are synonymous. (not considered to be consistent with the definitions of
"Objective" and "Policy" and therefore do not serve as equivalents.
Adopted by Ordinance 011- 2007).
5. The Key Largo Livable CommuniKeys Master Plan is incorporated by
reference into the 2010 Comprehensive Plan. The tcrmOnly the Strategies
denoted with a green checkmark in thethis Master Plan ishave been
adopted and approved as equivalent to the term Objectives in the
Comprehensive Plan. Only the Action Item ialtems denoted with
a green checkmark in this Master Plan have been adopted equivalent to the
term Policy; in the meaingsComprehensive Plan. Strategies and
- . • - -- - - - • - . - -- - - . • : - • ction Items without a green checkmark
next to them are Gynonymous. (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.A.
Comprehensive Plan: July 2014
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: July 2014
Monroe County Comprehensive Plan Update
GOAL 102
Monroe County shall direct future growth to lands which are intrinsically 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)(a)].), F.S.1
Objective 102.1
Upon adoption of the Comprehensive Plan, Monroe County shall require new
development to comply with environmental standards and environmental design criteria
which will protect disturbcd wetlands, native upland vegetation and beach/berm areas.
{9J 5.006(3)(b)1 and 1].
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 -. - . . .. . 4. - - .. -
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. {9J 5.006(3) (c) 1 and 6]
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Future Land Use Element 93 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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 Reg l ---a *_:c� *_:c�3Code. These
rcvisionaregulations will require new development to further protect wetlands,
native upland vegetation and beach/berm areas. [9J 5.006(3)(b)1 and 1]
Policy 102.2.1
Monroe County shall maintain environmental standards and
environmental design criteria as indicated in Conservation and Coastal
Management Policy 204.2.65. These rcviscd standards and criteria will that
eliminate the net loss of disturbed wetlands. - - - .. • : - : - • - --
Mitigation for wetland impacts shall be required in order to off et any I ess o f
than the arca proposed for fill. If on sitoaccordance with State requirements. In
instances where mitigation is required by the U.S. Army Corps of Engineers but
not pessiblerester-atieneesby FDEP or SFWMD, Federal mitigation
requirements shall be paid pursuant to a wetlands restoration fund. [9J
5.006(- 3 -)(e)- and- 6apply; also sec Policy 204.3.1 and 204.3.4]_
Policy 102.2.2
Monroe County shall dmaintain environmental standards and
environmental design criteria as indicated in policies adopted pursuant to
Conservation and Coastal Management Objective 205.2. Thcsc rcviscd standards
and criteria will protect that protects native upland vegetation and
premetenromotes restoration of habitat values of native upland communities,
including hardwood hammocks and pinelands. [9-J 5.006(3)( -)6]
Policy 102.2.3
Monroe County shall adept revisedmaintain environmental standards and
environmental design criteria as indicated in policies adopted pursuant to
Conservation and Coastal Management Objective 206210.1. Thcsc rcviscd
that will protect beach/berm resources. Thcy will address
by addressing permitted uses, siting of structures, disturbances, removal of
invasive vegetation, and restoration of native vegetation in beach/berm areas. [9J
5.006( -3�(e)-1-ftfkd-6-}
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Future Land Use Element 94 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
Objective 102.3
By January 1, 1997, Monroe County shall : ::: . - : ! - - : ; - - - ' - _ - lationamaintain
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. [9J 5.006(3)(b)1 and 4] [ §163.3177(6)(a)3.e., F.S.I
Policy 102.3.1
The Permit Allocation System (See Future Land Use Objectives 101.2 -6 thr-eugh
101.1 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
° °'�orthat do not contain significant a entnl f at areas of
wetlands or native uplandplant 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 101.6-6 and related policies for a list of positive and
negative factors to be included in the Permit Allocation System.) {9J-
5.e06(3)(-04-aad-6-}
Future Land Use Element 95 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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)(c)3 }[ &163.3177(6)(a),
F.S.1
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Future Land Use Element 96 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
Objective 102.4
Monroe County • - - - . . • - • - - - -- - - , - - - - :. • • _ - • - shall
maintain prepare -a Land Acquisition Master Plan by T aly-1 2 005- containing strategies a
strategy -for securing funding and containing non - purchase options and strategies. aka
sites for affordable and employee housing and recreational purposcs. Acquisition
.
- - . : - - ' . - ' : ' ! . - - -' - .- ...'.-
- .. • . . _ - - - - ... .. • • - . ! ! ,
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, in cooperation with the
Monroc County Land Authority, FDEP, FDCA, FWC, USFW,, 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. [9J 5.006(3)(c)1 and 6]
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 One1
• 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 Two1
• Lands designated as Tier II (BPK/NNK)
• 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: July 2014
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 NOTE]
Priority Four*
• Key Largo wood rat & cotton mouse buffer areas' (Permit Referral Process
required by USFWS and FEMA)
• Adapt4ion action areal or lands in more "interior" locations for transitioning
public facilities & directing development [see NOTE]
• Lands within the Coastal High Hazard Area (CHHA)
• Lands subject to saltwater inundation under the assumption of 3 inches to & 7
inches by 2030 lsee 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: July 2014
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.
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.
These -shall include, at a minimum:
1. designated Tier I (Natural Arms) lands as defined in Policy 105.2.1.1,
2. restoration arms between fragmen - : • - • . - . - -
3. fresh water wetlands, and undisturbcd salt marsh, and buttonwood wetlands that
en -space undcr Policy 102.1.1;
�. patches of upland native vc_- : •. - : - : r in area in Tier III,
6. lands whose conservation would enhance or protect water quality or would
. ., . -. • . • ;
7. lands in Tier III for employee and affordable housing that do not involve the
8. lands which can be used, without adverse impacts on natural resources, for
•
Future Land Use Element 99 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
10. lands with habitat value on Big Pinc Ke
mitigation requirements of the Big Pinc Kcy and No Name 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
. . . !. -- ... .. • - • - , • - -- . - - -
. . . . . -- - . - _ - . • - - - . •
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 I,
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 arcas of one acrc or grcatcr. Land
usc. [9J 5.006(3)(c)4 and 61
federal agcncics. [9J 5.006(3)(c)4 and 6]
Policy 102.4.6
Future Land Use Element 100 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
1. Environmental protection, density reduction and passive
do •• - , - -- . .. - - , - - - • - - : _
and No Name Key) and Tier III;
,
- - - • - • ., - - • - - - • - . - -- - • - --
- - .- • - -- ':, ., _ :.. _ . ...
ed;
..
ifieltided;
2. Affordable and employee housing:
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 -11- and related
policies.) [9J 5.006(3)(c)4 and 6]
Policy 102.4.6
Within one year of the adoption of the 2030 Comprehensive Plan, Monroe
County, 1 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: July 2014
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: July 2014
Monroe County Comprehensive Plan Update
Ohieeti
program shall address cxistin- .. - - _ : - . • • . - - . - . - , - -
- - -• - - - _ -. . - - -' • , ! - ', _ - „ 1 .
1/02)4-.1
uolic_,10251 • - - • ._ . - -• _ .- •, ••: - ., _ - • . - - -
1 • - . -. . . -- - . . . . - - , - . ., ... . , • • , - - .. . • - -
... •! - - - _. - ' - _- -
• - ., - . - . ••, -
marinas and fuclin - . ' .. .. , • • • _ - - . ' _ . - •
Po 1 n2 e 3
marine rcsourccs associatcd with recreational boating. (Scc Conservation and Coastal
Policy 107 C A
. -, •• , .. .. .. .
- _ . - - - ' . . - • . -• - -- _. :_ - _ ._ . . • Coastal Mana- -- - - 9: • ! .:. - - . - .. • • - . . • : . ,
P olicy 102e6 • • , • . . 1 ' . • - - . . . . - - . - . • _ ., - - . . . . _ e :•- •
■ •• =
Future Land Use Element 103 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
Policy ' n� rvr • - - - - -- e; ! . - - -- - , • :.: ^ 4
Policy 102 8 •
.. 4 ••, .. .. . - . - - - ' • - , _ - .. . - i. - • :! . . - . .. • - , • I!: .
Objective 102.65
Development of the mainland area of Monroe County shall be controlled so as to reduce
public expenditures and to preserve the wi'derne 3 statenatural, cultural and historic
resources of the mainland area, as defined under the Wildcrnc3s Act. [9J 5.006(
[ §163.3177(6)(a)3)(-13)4 4.f., F.S.]
Pobey- 102Ar.1
• - - . - - • - - - - - - - - - - - • _ - . : ment plans for Everglades
Service, 1989). [9J 5.006(3)(c)6]
Policy 102.65.21
By January 4, 1997, Monroe County shall
R-egulatiensmaintain 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 - .A96(-3- )(cam}[§ 163.3177(6)(a)3.f , F.S.]
< The Remainder of This Pate Intentionally Left Blank>
Future Land Use Element 104 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
Objective 102.76
Monroe County shall regulate land use activities on - - • - - - . . - - : . -
of Florida Bay and Hawk Channel offshore islands within the legal boundaries of Monroe
County. [ [ §163.3177(6)(a)3)(b)1 and 4; 9J 5.006(3)(b)4 }.f., F.S.l
SS. - • ,
System to include the following:
offshore islands in the Upper, Middle and Lower Keys (in public and private
own • . . . -- . • • • . • : • • . . - • .- . .• .. - - •- - . - - - - • • . - - .
• - . •:. - . . . • - anctuary Management Plan program. [9J
5.006(3)(c)6]
Policy 102.76.21
By January 4, 1997, Within one (1) year of the adoption of the Plan, Monroe County
shall adopt_ Land land mend- development Regulations 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 207206.1.42.);
2. _ - . : . • - -• - - • -.. ;new
miningresource extraction pits shall be prohibited on offshore islands;
permitted uses by right on islands (which arc not bird rookeries) shall
. - - - . .. • , - - - - . - :, • - • • - ,
hearing);
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 105 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
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
cxisting undeveloped offshore 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 undeveloped offshore islands. The extension of public
facilities shall be required to comply with Policy 101.12.2. [9J 5.006(3)(c)6]
Policy 102,76.42
Monroe County shall discourage developments proposed on offshore islands by
methods including, but not limited to, designatied offshore islands as Tier I
Lands [9J 5.006(3)(c)6 },
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Future Land Use Element 106 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
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). {9J 5.006(3)(b)4]
Policy 102.87.1
Monroe County shall discourage new developments which are proposed in units
of the . - . . . t : - - ' - .. - _ - CBRS} c ,
006(3)()6], including the
.. _ . , i ce [9., r
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 Coastal Barricr Rcsourccs System (CBRS). {93-
5.005(3)(c)6] This does not preclude the maintenance, and repair
replacement of existing bridges, causeways, paved roads and lawful commercial
marinas.
Policy 102.87.3
By January 4, 1997, aShoreline hardening structures, including seawalls,
bulkheads, groins, rip -rap, etc., shall not be permitted along shorelines of CBRS
units. {93- 5.006(3)(e)6]
Policy 102.87.4
By January '1, 1998, pPrivately -owned undeveloped land located within the CBRS
units shall be considered for acquisition by Monroe County for conservation
purposes .. _ - - - . .. - .. • . . . - - • ., : ' :, . . •
5.006(3)(e361
Policy 1
Monroe County shall efforts to _discourage the extension of public facilities and
services provided by the - .. - • :. :. • . . • FKAA and private
providers of electricity and telephone service to iptievelopffli 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, [9r 5 006(3)(
Future Land Use Element 107 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
Objective 102.98
In cooperatienTogether with other responsible state and federal agencies, Monroe County
shall ontinue to implement a cooperative land management program for
publicly owned . : :. • . .. _ . - •- - - . - - . . • • • _ e•- ! - . ! -- - ..
Capacity Study.conservation lands. (& 163.3177(6)(a)3.f. F.S.j
Policy 102.38.1
Monroe County shall discourage developments which are proposed in Tier I
through the permit allocation system and the LDC. f9J-
5.006(3)(c)6]
Policy 102.38.2
Monroe County, in cooperation with appropriate state and /or federal agencies,
shall ' ontinue to develop policies to dircct the over -all
management pregramstrategies for publicly owned nativcconservation lands.
Changes in p eheies- and - specific management strategies may be modified as-the
program progresses, acquisitions continue and new information becomes
available through biological research or monitoring of�gement units. [9J
5.006(3)(c)3].
Poli
protection, restoration and management of acquired lands. Management
Polio 10
appropriate state and /or federal agencies. R- • • . . - .. _ - - - . .
shall be made as ncccssary to reflect rcccnt land acquisitions and changing
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Future Land Use Element 108 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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
- • I ' " • - - - • - . . ! , . - ' _ . • . The Goals,
_
[9J
5.006([§ 163.3177(6)(a)3)(b)1 and 4 }.f. F.S
Obiective 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:
(a)1. protect the Key deer (Odocoileus virginianus clavium);
(102. preserve and enhance the habitat of the Key deer;
(c--)3. limit the number of additional vehicular trips from other islands to Big
Pine Key and No Name Key;
(d)1. maintain the rural, suburban, and open space character of Big Pine Key
and No Name Key; and
(e)5. prevent and reduce adverse secondary and cumulative impacts on Key
Deerdeer.
[9J 5.006(3)(b)1 and 1]
Policy 103.1.13
Monroe County shall identify Key deer habitat areas ashy 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 the FWSUSFWS (for the
National Key Deer Refuge), DNRFDEP (for the Coupon Bight CARL Project),
and SFWMD (for the Big Pine Key Save Our Rivers project). Acquisition shall
(See Objective 102.4 and related policies.) [9J 5.012(3)(c)1; 9J 5.013(2)(c)5 and
6 1
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;
9J 5.013(2)(c)5 and 6]
Future Land Use Element 109 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
Policy 103.1.13
Monroe County, in conjunction with the FWSUSFWS, 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 PaL e Intentionally Left Blank>
Future Land Use Element 110 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
Obiective 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
of four (4) species 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 smalli), 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. [ [§ 163.3177(6)(a)3)(b)1 and 4].f., F.S.1
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 5.012(3)(c)1; 9J
5.013(2)(c)5 and 6 }[§ 163.3177(6)(a)3.f., F.S.
Policy 103.2.32
By January 4, 1997, Monroe County shall :... - - - ... ! - .. - - -
Regulationsmaintain land development regulations pertaining to development
siting and clustering so as to avoid impacts en- sensitive habitats-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)3]
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
3. assessment of impacts on surrounding land uses and natural resources.
•
Future Land Use Element 111 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
Monroe County Comprehensive Plan Update
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 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.
Poli 103 5
Monroe County shall monitor FKAA compliance with federal regulations
crocodile, the Kcy Largo wood rat, the Kcy Largo cotton mouse, and the Schaus
swallowtail butterfly (pursuant to FKAA Rules Chapter 48 7). [9J 5.012(3)(c)1;
9J 5.013(2)(c)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
207.8206.5 and supporting policies);
2. Schaus swallowtail butterfly (See Conservation and Coastal Management
Objective 207,15206.7 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 207.7206.8 and related policies). 9J 5.012(3)(b)1;
9J 5.013(2)(b)6)[§ 163.3177(6)(a)3.f F.S.j
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 areas identified by
the FWS (for the Crocodile Lake National Wildlife Refuge), and DNR (for the Kcy
Largo Hammock CARL Projcct).other resource agencies.
Future Land Use Element 112 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
Monroe County Comprehensive Plan Update
egfam,—(Scc Objective 102.1 and related policies.) [9J 5.012(3)(c)1; 9J
5.013(2)(c)5 and 61
• • : _ -
Crocodile Lake National Wildlife Refuge;
- - . - . _ . - :.. . _ ' - ... • • . - ; -
- 1. . _ . - - • - - - !, • - ! ,• .
relay cics.) [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)1; 9J
5.013(2)(c)5 and 611 163.3177(6)(a)3.f., F.S.I
Policy 103.2.497
Monroe County shall take immediate actions to discourage private development
in areas designated as units of the .. . ::, - - • - :. - - _ - - .CBRS. (See
Objective 102.8-7 and related policies.) {-9-J---54)(46(-3-)(-1,)41-
Polic 1 02 7 1 1
rcquirc an archaeological /historical review of the proposed development sitc,
Poli 103 '1 12
P 1 02 '1 1 3
rcquirc all applicants to obtain all federal and state permits, including, but not
Future Land Use Element 113 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
U.S. Fish and Wildlife Service and the Florida Game and Fresh Water Fish
Policy 103.2.48
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.
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Future Land Use Element 114 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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.. .. . - . . - - -. - -- - ! - - - - . - . .
... ;. , . - :
-- ' - - -- • • '- - •
.. - .. - .. - . -- - .. .. : - • - - ': • ! . •
5.012(3)(c)1; 9J 5.013(2)(c)5 and 6}
:4
and ,.elated po li e i e
P 102 A 1
I • • - P. - -
. -- .. -, : _ '• -- - , • . - - • - ! - .
(Thc remainder of this page 1- - • - - - • : - . .. .
Future Land Use Element 115 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
GOAL 104
Monroe County shall recognize, designate, protect, and preserve its historic resources. f 9J-
5.006(3)(a)} [§ 163.3177(6)(a)3.f., F.S.]
Objective 104.1
Monroe County shall establish and maintain a comprehensive inventory of historical and
archaeological resources within unincorporated Monroe County. including—buildings
,tructures, districts, sitcs, object:, significant places. [9J 5.006(3)(b)1]
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. . : - .. . . - - - • .. . - _ . - -• - •
[9J 5.006(3)(c)8]
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. f9-J-
5 7 006 9 - X0 8 4
Poliey104. 3
• ••• - - - - - • - •
This survey shall also idcntify historic housing and define thc bounds of any
• ••_ -
• . • • - - , - - - D•
Sitc File forms to thc State Department of Historic Resources for any historic
the Florida Mastcr Site File. [9J 5.006(3)(c)8]
Polley-1.0414
• ••• - - it -
Future Land Use Element 116 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
ida Keys Historic Register (See Objective 101.2 and related
policies). [9J 5.006(3)(c)8]
(The remainder of this page left intentionally blank.)
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Future Land Use Element 1 17 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
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 to* the National Register of Historic Places. - and/or
thc 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 thc Land
protection of local historical, archaeological and cultural resources. At a minimum,
theThe Land Development Code shall: ' - . .... - .. . .
1. authorize establish-a Florida Keys Historic Register to which local historic,
cultural and archaeological landmarks /districts of local significancc are
named;
2. authorize establish a review committee and provide for an
historic /archaeological review of resources nominated to the Florida Keys
Historic Register • - • - • - . - .. - - - - - ;
3. list the criteria and procedure for selecting a review committee;
4. specify designation—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; cites
and structurcs of historical, architectural, archaeological, and cultural
signifieaneet
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
structurcs;
7.
8. provide procedures for enforcement;
9.
10. spccify the penalties and/or mitigation measures for non compliance;
11.
Future Land Use Element 118 Keith and Schnars, P.A.
Comprehensive Plan: October 2014
Monroe County Comprehensive Plan Update
6. provide for the documentation and protection of sites which are not lamed
designated as local historic, cultural and archaeological - landmarks but are
discovered through the development process or otherwise discovered,;; and
Policy 104.2.2
By January 4, 1998, 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 Monroe County Growth Management Division shall prepare
- - - .. • - - - • - - - • - :.. - . the Florida Keys Historic
Register_ of historic places:
. - .. - -- •. •. ' - . .' . - . . - . . .
archaeological sites identified as worthy of preservation; and
' •
Policy 104.2.3
Keys Historic Register. The Monroe County Growth Management Division shall
provide information and technical assistance to indivtiduals- property owners and
• • - • - - - . • - _ ... who wish to prepare nominations to the Florida
Keys Historic Register. {9J 5.006(3)(c)8]
••• - •
- - _ - • . - - - • • - • _•stcr of Historic Places:
Health Dcpartmcnt) constructed as WPA projects in addition to the hurricane
. . . _ . • - ' - -- • - • :: :• - . - . •
-- • . - • -.. -' - _' - • . ...
Future Land Use Element 119 Keith and Schnars, P.A.
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Policy 104.2.45
Monroe County Gha11 may nominate or support nominations of additional c other
historic resources to the National Register of Historic Places as needed. -these
- :. - . - • : - • . • .! ! : : J §163.3177(6)(a)3.f., F.S.]
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Future Land Use Element 120 Keith and Schnars, P.A.
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Objective 104.3
Monroe County shall adopt and implement measures for the protection and preservation of
designated local historic, cultural and archaeological landmarks /districts.historic
[9J 5.006(3)(b)4}
Policy 104.3.1
By January 4, 1997, Monroe County shall adopt Land Development
Regelatiensmaintain land development regulations constituting a Historic
Preservation Ordinance to that provide protection for designated local historic,
cultural and archaeological landmarks /districts historic resources listed on the
Florida Keys Historic Register. The adopted LDRsLDC shall:
1. t
eser '�—authorize a historic /archaeological review board to review
development proposals which impact designated local historic, cultural and
archaeological landmarks /districts resources;
2. list the qualifications and selection criteria for review board members;
3. specify thc criteria for local designation of historic resources guided by the
4.
5. incorporate thc procedure for local designation as spccificd in Article VIII
of the Land Development Regulations (Sec Policy 104.2.1);
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;
5:4. 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 ";
9 5. 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;
444, 6. establish a procedure for reviewing development and redevelopment
proposals which impact designated local historic, cultural and
archaeological landmarks /districts resources;
44,7. specify procedures where development activities uncover unknown
archaeological resources;
Future Land Use Element 121 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
4-278. provide procedures for enforcement and consequences of non- compliance;
439. 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 landmarkshisteric
resources; and
44710. specify permitting and review procedures that reconcile redevelopment of
designated local historic, cultural and archaeological landmarks historical
with their potential non - conforming status. [9J
5.006(3)(c)8}
Policy 1 na 2
Thc County shall evaluate thc possibility of incorporating effects of proposed
Element Objective 101.5 and supporting policies. [9J 5.006(3)(c)8]
Polley-104.34
Thc Land Development Regulations adopted pursuant to Policy 104.3.1 shall be
draftcd to meet the requirements of thc Department of the Interior's "Certified Local
Government Program" which shall enable Monroe County to qualify for State
Historic Preservation Grants in Aid. Within six months of adopting Land
State Historic Preservation Officer for certification. [9J 5.006(3)(c)8]
Policy 104.3.42
Monroe County shall require that establish architectural guidelines be-drafted-and
.... - . .. for each designated Hhistoric 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 District on the Florida Keys Historic Register.
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Future Land Use Element 122 Keith and Schnars, P.A.
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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. f9-J--57006( [§ 163.3177(6)(a)33(-19}4].f., F.S.]
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]
[& 163.3177(6)(a)3.f., F.S.]
Policy 104.4.3
Development plans on County -owned lands which contain designated local
historic, cultural and archaeological landmarks historic resourcca 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(a1).
roT c nn6(w„ 1& 163.3177(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. f-91-5,006(--3-)(-081.
f $163.3177(6)(a)3.f., 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 - • :. . . _ _ . • - • esignated 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. [9J 5.006(3)(c)8] [§163.3177(6)(031, F.S.1
Future Land Use Element 123 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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 124 Keith and Schnars, P.A.
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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. [9J
5.886 (3)(b)4][ §163.3177(6)(a)3.f., F. S.1
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 Prese Board;
4. Federal agencies including the National Park Service, U.S. Fish and
Wildlife Service, and NOAA;
5. State Agencies including the DEP 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)(0)8]
Poli 10A 5 2
.. _ -
thc County such as the historic inventory, National Rcgistcr listings, Florida Kcys
Historic Rcgistcr listings, archaeological surveys, and historic architectural
1 -9- 54 ) 06 ( 3 )(c) 8 }
Policy 104.5.32
By January 4, 1998, Monroe County and the Historic Florida Kcys Preservation
Bed -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]
Poli 104 5
": - P -
Future Land Use Element 125 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
. ._ . -- - .. . • ' • - . • . ' • - . ... • -
-- s ia_ -
Policy 104.5.53
Monroe County shall promote public knowledge of local, state and federal
programs and incentives designed to assist owners of historic properties. f9--
5. OO6 (3)(c)8}[§163.3177(6)(a)3.f., F.S.j
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.
Marathon. [9J 5.006(3)(c)8}
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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. [9J 5.006(3)(b)4]
[ 163.3177(6)(a)3.f., F.S.1
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. [9r c 006(3)(
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. (Scc Futurc Land Usc Objective 102.1 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]
1. Policy 104.6.4
• - _ -
11. Perform cmcrgcncy rcpairs and tenting for tcrmitcs for historic structures
on Pigcon Kcy;
5
on Pigeen-Keyand
-- .. - - . . . -- - - . . -
is established. [9J 5.006(3)(c)8]
By providing referral to the appropriate governmental agency(ies), the County
shall assist property owners in the identification of historically significant
structures.
1 Policy 104.6.5
••• - -
3.
'1. Conduct a historic architectural building survey for unincorporated
Future Land Use Element 127 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
and
8. Create and implement a program to promote historic rcsourccs listcd on
the Florida Kcys Historic Rcgistcr with historic markers and accompanying
map /guide. [9J 5.006(3)(c)8}
Monroe County shall assist property owners of historically or architecturally
significant structures in applying for and utilizing state and federal assistance
programs.
••• -
Develop architectural guidclincs for any historic districts listcd on the Florida Kcya
Historic Rcgistcr;
Develop a computerized systcm for the inventory of historic rcsourccs including all
- - - - - - - - . - - . - • - - - - - .. - • - - -; ., -
•
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Future Land Use Element 128 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
GOAL 105
Monroe County shall andertakemaintain 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.
Objective 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.J &163.3177(6)(a)2.e., F.S.1
Policy 105.1.
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) veari 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, Eonsiders tl
Illasing cost of climate adaptation and the protection of property.
Policy 105.1.2
Monroe County shall prepareenforce the design guidelines teestablished 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 he
Land Development ' . - - . • - • - - - • - - - - - ;
Code, 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 129 Keith and Schnars, P.A.
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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 te--Elireetthat directs the preponderance of future residential
development to areas designated as : - . - . • - • . .. . - Tier
III) in accordance with Policy 105.6.42.2.
... .. - . . - -• - - . e -
Rcgulations that comprehensively revise the existing non residential permit
allocation systcm in a manner that implements Policies 105.2.1 and 105.2.15 and
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Future Land Use Element 130 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
Objective 105.2
Monroe County shall imp}efftentmaintain, with assistance of the state and federal
governments, a 20 -year Land Acquisition Program to: 1) secure funding for • _ - - • - " ' : • ' - • " ' • - - 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 131 Keith and Schnars, P.A.
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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 maintain overlay map(s) designating geographic
areas of the County as one of the -wee 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
101.2019.1).
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. be as follows: Ticr I (Natural Area) first priority; Ticr II (Transition and
• - -
of one acre or grcatcr in arca within Ticr III second priority; and Ticr III (Infill
Area) third priority, except acquisition of land for affordable housing shall also
Policy 105.2.10 that dirccts the focus of the County's acquisition cfforts to the
Future Land Use Element 132 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
Poli 1 nc 2
CommuniKcys Program.
Policy 4 nc 2 5
Policy 1nc 2 c
of tropical hardwood hammock or pincland3 of one acre or greater in arca
_e_esignated as an Infill Arca (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.
P 105 n
Policy 105.2.5
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 residential-uses.
Policy
In terms of effort, Monroe County shall primarily focus its Land Acquisition
, platted lots within Tier I and Tier II and the
Future Land Use Element 133 Keith and Schnars, P.A.
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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 105.2.741
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 106.1101.7 (Administrative
Relief) or Policy 101.18.517.4 (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 101.647
Policy 105.2.943
• . - • - - _ . • .. • • ' _ . • , 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 105.2.1044
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.
Where appropriatc, as part of the Livable CommuniKcys Planning Proccss,
Arca). A Community Ccntcr is characterized as a defined geographic arca with a
grcatcr than 8 units per acre). Community Centers shall be designated as
Future Land Use Element 134 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
Obj Inc
.. - . - - - - • ! - . . • . ' . - . - . . -
initiativcs in conjunction with its Livable CommuniKeys Program and shall make
.
ystcros.
,
Future Land Use Element 135 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
GOAL 106 :—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- GM166, 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)].
Policv106.1.1
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.
Future Land Use Element 136 Keith and Schnars, P.A.
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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 usoLand 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 DESIGNATION EASEMENT LOCATED ON
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
Future Land Use Element 137 Keith and Schnars, P.A.
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CONSERVATION BERM TO BE
REAL ESTATE TOTAL FLUM
ACRES EASEMENT LOCATED ON
NUMBER ACREAGE 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:
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.
Future Land Use Element 138 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
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.
RAMROD KEY MIXED USE AREA 1
N u
00114150- 000000 a
RAMROD KEY MIXED USE AREA 1 Berm MC (0.79 ac) o
RE # 00114150 -0000
,ems,
(8 ac) CONSERVATION EASEMENT
Q � }a MC (0.79 ac) RE # 0011 , 50- 000aoo 00114150 -000000
E n RC CONSERVATION EASEMENT (8.57ac) (ZG aC
EJRaInrod Key MV &Ed (846 +26 = 1186 act ` ) RC (8.87 ac) Parcels
Key: Ramrod MIN Marker: 26.5 Mop Amendment 6: M28097
Amapa: 6.67 Apes
Rearming Horizon: 2010
Date Adoption: October 20. 2010 : o a..
<The Remainder of This Page Intentionally Left Blank>
Future Land Use Element 139 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
RAMROD KEY MIXED USE AREA 1
N 00114150 - 000000
RAMROD KEY MIXED USE AREA 1 germ MC (0.79 ac)
1 2
RE 00114150 -0000
(8.46 ac) CONSERVATION EASEMENT
e... btm • 00114150- 000000
1=1..c X019 a 1 RE # 00114150- 000400
mm: CONSE0mATION EASEMENT r86?a[r (26 ac) RC (8.87 ac)
QParafop6ey Mu area (846 .26 06042
panes OW 51At '
-OLD S -- _
0
Key Ramrod MN Marker 26 .5 Map Amendment • M28097
Acreage. 8 87 Acres
Flaming 6 rizcar'. 2010
Date 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: July 2014
Monroe County Comprehensive Plan Update
Coal 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- 1ACSC -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 -NOI-
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 141 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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 ;arg an Environmental Impact Statement (EIS) to evaluate
a' es for future airfield operations at Naval Air Station Key West. Monroe
County shall work closely with the Navy throughout the life process Acif 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-
NOI- 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- IACSC -NOI- 4401- (A) -(I), Effective date of July 19, 2012)
Future Land Use Element 142 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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- 1ACSC -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 -1 ACSC- NOI -4401-
(A)-(I), Effective date of July 19, 2012)
Policy 108.23
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 -NOI-
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- 1ACSC -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 143 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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. • - . .. • . - .
cupplemental noise study, bascd on professionally acccptcd methodology
.. - -
• - -.. - -
NASKW shall review thc submitted, supplemental noise study for
professionally acceptable sufficiency. The Naval Air Station Key Wcst
recognizes thc noise study as a "professionally acccptcd methodology."
b. NASKW shall be provided up to nine (9) months from rcccipt of the
... _ . - -
reccivcd or, if comments arc not received within nine (9) months from
Future Land Use Element 144 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
methodology d efined in thc Monroe County Technical Document of the
F� Monroe County shall take into consideration any commcnts and
commanding officer or his or her designee regarding thc professional
d:• Considering thc supplemental noise study, bascd on professionally accepted • ... - .. . • • _ : : , - - 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.
Alternatively, with a requested FLUM amendment, a supplcmcntal noisc study,
- - . ! - • * - _ , . . • - -
- - - - - - -- - . .. -- • • .. . - - - .
Compatible Usc Zones.
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 12-1ACSC-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 145 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
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- 1ACSC -NOI- 4401- (A) -(I),
Effective date of July 19, 2012)
[ML4I Land Use Table on following pages)
<The Remainder of This Page Intentionally Left Blank>
Future Land Use Element 146 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensin n Update
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Future Land Use Element 1 47 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
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Future Land Use Element 148 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
—
Monroe County Comprehensi In Update
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Future Land Use Element 149 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
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2007 AlICUZ Study Table 6 -2 notes:
*Uses !lowed with Restictions. The land use and related structures are generally compatible.
Note 1
a) Alth ugh 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.
b) Wh e 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.
c) No al 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 150 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensi in Update
—
d) NL 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 N1,R
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.
Note 7
Land u e compatible provided special sound reinforcement systems are installed.
Note 8
Reside tial buildings require a NLR of 25
Note 2 , 30 or 35
The nu bers 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 structures. 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.
Note 1
a) Alth ugh 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.
b) Wh e 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.
c) No al 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.
d) NL 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.
NLR (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 151 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
Monroe County Comprehensive Plan Update
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Future Land Use Element 152 Keith and Schnars, P.A.
Comprehensive Plan: July 2014
•
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- 1ACSC -NOI- 4401- (A) -(I), Effective date of
July 19, 2012)
<The Remainder of This Paze Intentionally Left Blank>
Future Land Use Element 153 Keith and Schnars, P.A.
Comprehensive Plan: July 2014