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Item Q6BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 17, 2012 Division: Growth Management Bulk Item: Yes_ No X Department: Planning & Environmental Resources Staff Contact Person/Phone: Christine Hurley x2517 AGENDA ITEM WORDING: A public hearing to consider an ordinance by the Monroe County Board of County Commissioners amending the Tier Overlay District (zoning) Map designation for property owned by Seacamp, having Real Estate Numbers 00112030-000000, 00246950-000000, 00246960-000000, 00246970- 000000, 00246980-000000, 00246990-000000, 00247140-000000, 00247150-000000, 00247160-000000, 00247170-000000, and 00247180-000000 from undesignated and Tier I to Tier III (0 of 2 public hearings). ITEM BACKGROUND: Seacamp, a not -for -profit organization that provides marine education to children, contacted Monroe County to notify County staff of a tier designation error for a portion of the Seacamp property and requested a correction of the error. Seacamp's property is located on approximately 14 acres of bay bottom and upland located at the extreme southwest tip of the island, at the end of Big Pine Avenue. The Seacamp property consists of 13 parcels. One parcel is submerged land. One parcel is currently designated Tier III. The remaining 11 parcels are undesignated or have Tier I designations. During the December 17, 2003 BOCC meeting, the BOCC passed Resolution 562-2003, approving Draft 4 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key and directing staff to change the tier designation for all the property known as Seacamp from Tier I to Tier III on the Map on Page 28. The BOCC passed Ordinance 029-2004 on August 14, 2004, to adopt the LCP for Big Pine Key and No Name Key as a proposed amendment to the 2010 Monroe County Comprehensive Plan which included the map as drawn incorrectly for Seacamp, without the corrected designation for eleven (11) parcels as Tier III. The current 2012 amendment to the Big Pine Key and No Name Key LCP fixes the scrivener's error. This proposed Tier Map amendment for the Secamp property is consistent with the 2012 Big Pine Key and No Name Key LCP amendment. PREVIOUS RELEVANT BOCC ACTION: Draft 4 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key was reviewed at the December 17, 2003, Board of County Commissioners meeting. During the 2003 LCP adoption hearing, the BOCC directed County staff, by order of Resolution No 562-2003, to "change the Tier designation of the property known as Seacamp from Tier I to Tier III on the map on page 28." The BOCC passed Ordinance 029-2004 on August 14, 2004, adopting the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key as an amendment to the 2010 Comprehensive Plan. The BOCC passed Resolution 023-2012 on February 13, 2012, transmitting to the State Land Planning Agency the proposed amendment to the Livable CommuniKeys Program Master Plan For Future Development of Big Pine Key and No Name Key to amend the Seacamp Tier designation from Tier I to Tier III. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: COST TO COUNTY: BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Through: From: Date: Monroe County Board of County Commissioners Christine Hurley, Growth Management Director Mitchell N Harvey, AICP, Comprehensive Planning Manager August 22, 2012 Subject: Request for an Amendment to the Tier Map from undesignated and Tier I to Tier III, Seacamp, Big Pine Key, having real estate numbers 00112030-000000, 00246950-000000, 00246960-000000, 00246970-000000, 00246980-000000, 00246990-000000, 00247140-000000, 00247150-000000, 00247160-000000, 00247170-000000, and 00247180-000000 Meeting: October 17, 2012 I REQUEST A request for approval to ament the tier designation for Parcel Numbers 00112030-000000, 00246950-000000, 00246960-000000, 00246970-000000, 00246980-000000, 00246990- 000000, 00247140-000000, 00247150-000000, 00247160-000000, 00247170-000000, and 00247180-000000 from undesignated and Tier I to Tier III. Subject Parcels (Outlined In Blue) File # 2012-041 Page 1 of 12 I Location: Big Pine Key 2 Address: Seacamp Association, Inc., 1300 Big Pine Avenue, Big Pine Key, FL 33043 3 Legal Description: Big Pine Key Part of Bay Bottom Adjacent To Blocks E and F; Block E, 4 Lots, 16, 17, 18, 19, 20; Block F, Lots 8, 9, 10, 11, 12; Piney Point Subdivision (PB8-88) within 5 Section 34, Township 66, Range 29. 6 Real Estate Numbers: 00112030-000000, 00246950-000000, 00246960-000000, 00246970- 7 000000, 00246980-000000, 00246990-000000, 00247140-000000, 00247150-000000, 8 00247160-000000, 00247170-000000, and 00247180-000000 9 Applicant: Monroe County Planning and Environmental Resources Department 10 11 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RELEVANT PRIOR COUNTY ACTIONS On December 17, 2003, the Board of County Commissioners passed Resolution 562-2003 which approved Draft 4 of the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key and directed staff to change the Tier designation of the property known as Seacamp from Tier I to Tier III on the map on Page 28. The Board of County Commission passed Resolution 044-2004 on January 21, 2004 to transmit the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key as a proposed amendment to the 2010 Monroe County Comprehensive Plan to the Department of Community Affairs. The Department of Community Affairs issued an Objections, Recommendations and Comments (ORC) Report to Monroe County on June 29, 2004. 26 The Board of County Commission passed Ordinance 029-2004 on August 14, 2004 to 27 adopt the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key 28 as an amendment to the 2010 Comprehensive Plan, address issues raised in the Objections, 29 Recommendations and Comments (ORD) Report and to submit the amendment to the 30 Department of Community Affairs. 31 32 The Planning Commission passed Resolution P39-11 on December 1, 2011 (Exhibit 2), to 33 recommend approval to the Board of County Commissioners to transmit to the State Land 34 Planning Agency for review and comment, an amendment to the 2010 Comprehensive 35 Plan, to amend the Livable CommuniKeys Program Master Plan for Future Development 36 of Big Pine Key and No Name Key , to amend the Tier designation on Figure 2.1 (Tier 37 Map for Big Pine Key and No Name Key), and Table 2.7, Institutional Uses for the 38 Seacamp property from Tier I to Tier III, as directed by the Board of County 39 Commissioners in Resolution 562-2003. 40 41 The Board of County Commissioners passed Resolution 023-2012 on February 13, 2012 42 (Exhibit 3), transmitting to the State Land Planning Agency for review and comment, an 43 amendment to the 2010 Comprehensive Plan, to amend the Livable CommuniKeys 44 Program Master Plan for Future Development of Big Pine Key and No Name Key , to 45 amend the Tier designation on Figure 2.1 (Tier Map for Big Pine Key and No Name Key), 46 and Table 2.7, Institutional Uses, for the Seacamp property from Tier I to Tier III, as 47 directed by the Board of County Commissioners in Resolution 562-2003. 48 File # 2012-041 Page 2 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 The proposed Comprehensive Plan amendment to revise Figure 2.1 and Table 2.7 was reviewed by the State Land Planning Agency which issued an Objections, Recommendations, and Comments (ORC) Report on May 4, 2012 with no comments or issues relative to this amendment. The Comprehensive Plan amendment is scheduled for review and adoption by the Board of County Commissioners on September 19, 2012. III BACKGROUND INFORMATION A. Size of Site: 14.98 acres B. Land Use District: MU C. FLUM Designation: INS D. Tier Designation: undesignated, I E. Flood Zone: AE (EL 9); VE (EL 10) F. Existing Use: Institutional G. Existing Vegetation/Habitat: Developed land, Undeveloped Land, Buttonwood, Mangrove, Salt Marsh H. Community Character of Immediate Vicinity: Adjacent land use consists of IS-M district uses and vacant land Additional Information Seacamp, a not -for -profit organization that provides marine education to children, contacted Monroe County to notify County staff of a Tier designation error for the Seacamp property and requested a correction to the error. Seacamp's property is located on approximately 14.98 acres of submerged land and uplands located at the extreme southwest tip of the island, at the end of Big Pine Avenue. The Seacamp property consists of 13 real estate numbers: 00112030-000000, 00112040- 000000, 00246950-000000, 00246960-000000, 00246970-000000, 00246980-000000, 00246990-000000, 00247140-000000, 00247150-000000, 00247160-000000, 00247170- 000000, 00247180-000000, and 00247000-000000. Real estate number 00247000-000000 is currently designated Tier III. Real estate number 00112040-000000 is submerged land. These two parcels are not included with this amendment. The eleven (11) affected parcels to be amended from undesignated and Tier I to Tier III are illustrated below and on Exhibit 4: File # 2012-041 Page 3 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 The Seacamp property, except for the parcel with real estate number 00247000-000000, is presently undesignated or designated Tier I within the Livable CommuniKeys Program (LCP) Master Plan for Future Development of Big Pine Key and No Name Key. A proposed Comprehensive Plan amendment to revise Figure 2.1 and Table 2.7 of the LCP was reviewed by the State Land Planning Agency which issued an Objections, Recommendations, and Comments (ORC) Report on May 4, 2012 with no comments or issues relative to this amendment. The Comprehensive Plan amendment is scheduled for review and adoption by the Board of County Commissioners on September 19, 2012. The proposed Tier Map amendment is consistent with the concurrent LCP amendment. IV REVIEW OF APPLICATION On Big Pine Key, growth management and development are guided by multiple layers of regulations including the Year 2010 Comprehensive Plan, the Livable CommuniKeys Program Master Plan for Future Development of Big Pine Key and No Name Key, Habitat Conservation Plan, Incidental Take Permit and the Monroe County Land Development Code which includes the Tier Overlay District (MCC § 130-130(d)). A. Consistency of the proposed amendment with the provisions and intent of the Monroe County Year 2010 Comprehensive Plan 24 Staff has determined that the proposed map amendment is consistent with the provisions and 25 intent of the Monroe County Year 2010 Comprehensive Plan, including Policies 102.7.3, 26 103.2.1, 105.2.1 and 205.1.1, as follows: 27 File # 2012-041 Page 4 of 12 1 Policy 102.7.3 2 Monroe County shall discourage developments proposed on offshore islands by 3 methods including, but not limited to, designated offshore islands as Tier I 4 5 Policy 103.2.1 6 Monroe County shall implement methods including, but not limited to, designating 7 known habitats of the Schaus Swallowtail Butterfly as Tier I. 8 9 Policy 105.2.1 10 Monroe County shall designate all lands outside of mainland Monroe County1 11 except for the Ocean Reef planned development, into three general categories for 12 purposes of its Land Acquisition Program and smart growth initiatives in 13 accordance with the criteria in Policy 205.1.1. These three categories are: Natural 14 Area (Tier 1); Transition and Sprawl Reduction Area (Tier II) on Big Pine Key and 15 No Name Key only; and Infill Area (Tier III). The purposes, general characteristics, 16 and growth management approaches associated with each tier are as follows: 17 18 1. Natural Area (Tier I): Any defined geographic area where all or a significant 19 portion of the land area is characterized as environmentally sensitive by the 20 policies of this Plan and applicable habitat conservation plan, is to be 21 designated as a Natural Area. New development on vacant land is to be 22 severely restricted and privately owned vacant lands are to be acquired or 23 development rights retired for resource conservation and passive recreation 24 purposes. However, this does not preclude provisions of infrastructure for 25 existing development. Within the Natural Area designation are typically 26 found lands within the acquisition boundaries of federal and state resource 27 conservation and park areas, including isolated platted subdivisions; and 28 privately -owned vacant lands with sensitive environmental features outside 29 these acquisition areas. 30 31 2. Transition and Sprawl Reduction Area (Tier II): Any defined geographic 32 area on Big Pine Key and No Name Key, where scattered groups and 33 fragments of environmentally sensitive lands, as defined by this Plan, may 34 be found and where existing platted subdivisions are not predominately 35 developed, not served by complete infrastructure facilities, or not within 36 close proximity to established commercial areas, is to be designated as a 37 Transition and Sprawl Reduction Area. New development is to be 38 discouraged and privately owned vacant lands acquired or development 39 rights retired to reduce sprawl, ensure that the Keys carrying capacity is not 40 exceeded, and prevent further encroachment on sensitive natural resources. 41 Within a Transition and Sprawl Reduction Area are typically found: 42 scattered small non-residential development and platted subdivisions with 43 less than 50 percent of the lots developed; incomplete infrastructure in terms 44 of paved roads, potable water, or electricity; and scattered clusters of 45 environmentally sensitive lands, some of which are within or in close 46 proximity to existing platted subdivisions. 47 File # 2012-041 Page 5 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 3. Infill Area (Tier III): Any defined geographic area, where a significant portion of land area is not characterized as environmentally sensitive as defined by this Plan, except for dispersed and isolated fragments of environmentally sensitive lands of less than four acres in area, where existing platted subdivisions are substantially developed, served by complete infrastructure facilities, and within close proximity to established commercial areas, or where a concentration of non-residential uses exists, is to be designated as an Infill Area. New development and redevelopment are to be highly encouraged, except within tropical hardwood hammock or pineland patches of an acre or more in area, where development is to be discouraged. Within an Infill Area are typically found: platted subdivisions with 50 percent or more developed lots situated in areas with few sensitive environmental features; full range of available public infrastructure in terms of paved roads, potable water, and electricity; and concentrations of commercial and other non-residential uses within close proximity. In some Infill Areas, a mix of non-residential and high -density residential uses (generally 8 units or more per acre) may also be found that form a Community Center. Policy 205.1.1 The County shall establish the following criteria at a minimum to use when designating Tiers: 1. Land located outside of Big Pine Key and No Name Key shall be designated as Tier I based on following criteria: ■ Natural areas including old and new growth upland native vegetated areas, above 4 acres in area. ■ Vacant land which can be restored to connect upland native habitat patches and reduce further fragmentation of upland native habitat. ■ Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated by appropriate special species studies, between natural areas and development to reduce secondary impacts; canals or roadways, depending on size may form a boundary that removes the need for the buffer or reduces its depth. ■ Lands designated for acquisition by public agencies for conservation and natural resource protection. ■ Known locations of threatened and endangered species. ■ Lands designated as Conservation and Residential Conservation on the Future Land Use Map or within a buffer/restoration area as appropriate. ■ Areas with minimal existing development and infrastructure. 2. Lands on Big Pine Key and No Name Key designated as Tier I, II, or III shall be in accordance with the wildlife habitat quality criteria as defined in the Habitat Conservation Plan for those islands. 3. Lands located outside of Big Pine Key and No Name Key that are not designated Tier I shall be designated Tier III. File # 2012-041 Page 6 of 12 1 4. Designated Tier III lands located outside of Big Pine Key and No Name Key 2 with tropical hardwood hammock or pinelands of one acre or greater in area 3 shall be designated as Special Protection Areas. 4 5 5. Lands within the Ocean Reef planned development shall be excluded from any 6 Tier designation. 7 8 B. Consistency of the proposed amendment with the provisions and intent of relevant adopted 9 plans 10 11 The Livable CommuniKeys Program Master Plan for Future Development of Big Pine Key 12 And No Name Kev 13 14 On December 17, 2003, the Monroe County Board of County Commissioners passed 15 Resolution NO. 562-2003, approving the Livable CommuniKeys Master Plan (LCP) for 16 Big Pine Key and No Name Key as the policy document to direct growth and development 17 of Big Pine Key and No Name Key. Resolution 562-2003 (Exhibit 1) included direction to 18 County staff to "change the Tier designation of the property known as Seacamp from Tier I 19 to Tier III on the map on Page 28." 20 21 The Tier System plays a major role in the implementation of the Big Pine Key & No Name 22 Key Livable CommuniKeys (LCP) Master Plan and the Habitat Conservation Plan (HCP). 23 The LCP Master Plan classifies all land on Big Pine and No Name Keys into three `tiers' 24 based on conservation and infill priorities. Most of the islands are classified as Tier 1 25 because of their environmental sensitivity and importance for the continued viability of the 26 endangered species. Tier 2 lands are canal lots located a distance a distance from U.S. 1 27 with a potential for secondary impacts on the endangered species from traffic. Tier 3 lands 28 are canal lots in close proximity to U.S. 1, which provide little habitat value to the 29 endangered species and because of location, a decreased potential for deer kills from 30 vehicles. Some undeveloped lots in Tier 3 are also located between existing developed 31 commercial lots in the U.S. 1 Corridor. Wi 33 The Tier Map for Big Pine Key and No Name Key has been developed based on relative 34 wildlife habitat quality as defined in the HCP. For the Big Pine Key and No Name Key 35 planning area the Tier Maps are based upon habitat sensitivity identified in the HCP, 36 primarily as represented on the weighted Harvest Grid Map. 37 38 As noted in Strategy 1.1 of the LCP, the Tier System on Big Pine Key and No Name Key is 39 based upon relative H of parcels or environmental sensitivity of parcels as noted in the 40 LCP. 41 42 Strategy 1.1 43 Create a Tier Map for the planning area depicting the locations of Tier I, Tier II and 44 Tier III lands as described in Comprehensive Plan Policy 105.2.1. Base the Tier 45 Map on the habitat needs of federally endangered resident species in the planning 46 area as set forth in the anticipated ITP and HCP in terms of relative H of parcels 47 within the planning area. 48 File # 2012-041 Page 7 of 12 I The Big Pine Key and No Name Key LCP Tier Map is currently being amended to show 2 the parcels in question as Tier III. The proposed Tier Map amendment is consistent with 3 the concurrent amendment to the Big Pine Key and No Name Key LCP. 4 5 The Habitat Conservation Plan (HCP) 6 The Habitat Conservation Plan (HCP) for the Florida Key Deer was prepared by Monroe 7 County for the U.S. Fish and Wildlife Service on April 2003 and was revised on April 8 2006. 9 10 "The Habitat Conservation Plan (HCP) focuses on the Key deer as an "umbrella species" 11 and operates under the assumption that avoiding and minimizing impacts to Key deer 12 habitat, will also provide direct protection to both populations and habitats of other 13 terrestrial species. In the development of the HCP, the ecology and population dynamics of 14 the Key deer was studied for three years and a Population Viability Analysis (PVA) model, 15 including a spatial component, was produced to evaluate the impacts of development 16 scenarios on the Key deer population. Based on the Key deer studies done for the HCP and 17 the resulting spatial model, lands in the study area were classified into three "Tiers." Tier 1 18 lands are higher quality Key deer habitat. Tier 3 lands are the lowest quality Key deer 19 habitat. Most of the parcels in Tiers 2 and 3 are interspersed among developed parcels and 20 among canals. These areas provide little habitat value to the covered species." (Pg. 2 21 Habitat Conservation Plan) 22 23 Figure 2.1 (Exhibit 5) of the HCP provides Key deer locations from telemetry data. As 24 noted in the HCP, "the Key deer are wide ranging and utilize virtually all available habitat 25 in the project area, including developed areas (Figure 2.1, Lopez 2001)." Figure 2.1 does 26 not indicate the utilization or distribution of Key deer, during the 3 year study period, 27 within or adjacent to the Seacamp property. (Pg. 20 Habitat Conservation Plan) 28 29 Figure 2.2 (Exhibit 6) of the HCP provides the Lower Keys marsh rabbit habitat, as 30 identified by the U.S. Fish and Wildlife Service. This figure displays the Lower Keys 31 marsh rabbit habitat on Big Pine Key and No Name Key (Faulhaber 2003) based on the 32 most recent data on its distribution within the covered area (Figure 2.2). Figure 2.2 does 33 not indicate Lower Keys marsh rabbit habitat within or adjacent to the Seacamp 34 property. (Pg. 23 Habitat Conservation Plan) 35 36 Lastly, Figure 2.4 (Exhibit 7) depicts the 6 grid layers used to generate the weighting factor 37 for the final carrying capacity grid. The deer corridor and deer density parameters 38 both reflect low utilization of the Seacamp area by Key deer. 39 40 Monroe County Environmental Resources staff conducted a site visit of the Seacamp 41 Property on August 5, 2011, to evaluate the accuracy of the County's GIS habitat layer and 42 assess the vegetative communities on the Seacamp parcels. County staff concluded that the 43 2009 habitat layer accurately depicts the majority of the site. The beach berm located south 44 of the impounded water on the west end of the point could be labeled as developed land. 45 The spit along the west side of the south boat basin is vacant land that provides access to 46 boat docks. The mangrove area that extends into the developed area of the camp is actually 47 a canal with a mangrove canopy and should be labeled as water. Staff is amending the File # 2012-041 Page 8 of 12 I habitat layer to reflect this change from mangrove to water. The habitat layer is depicted 2 within Exhibit 4. 3 4 C. Consistency of the proposed amendment with the provisions and intent of the Monroe 5 County Code, Land Development Code: 6 7 Staff has determined that the proposed map amendment is consistent with the provision and 8 intent of Section 130-130 of the Monroe County Land Development Code. 9 10 The Monroe County Board of County Commissioners (BOCC) adopted Ordinances Nos. 11 008-2006, 009-2006, 010-0006, 011-2006 and 013-2006 (Tier Ordinances) which set forth 12 criteria in the Land Development Regulations implementing a "Tier System" and adopting 13 Tier Overlay District Maps in order to protect the natural habitat and guide development 14 toward less environmentally sensitive areas. 15 16 The criteria for the tier overlay district map designations Tier I, Tier III -A and Tier III are 17 detailed in §130-130 of the Monroe County Code, as amended by Final Order. 18 19 LDR See.130-130. - Tier overlay district. 20 (a) Purpose. 21 The purpose of the tier overlay district is to designate geographical areas outside of the 22 mainland of the county, excluding the Ocean Reef planned development, into tiers to 23 assign ROGO and NROGO points, determine the amount of clearing of upland native 24 vegetation that may be permitted, and prioritize lands for public acquisition. The tier 25 boundaries are to be depicted on the tier overlay district map. Lands on Big Pine Key and 26 No Name Key shall be delineated as tier I, II, or III. Lands in the remainder of the 27 unincorporated county, excluding the Ocean Reef planned development, shall be delineated 28 as tier I, III, and III -A (special protection area). 29 30 (b) Tier boundaries. 31 Tier boundaries shall follow property lines wherever possible, except where a parcel line or 32 distinct geographical feature, such as a canal or roadway, may be more appropriate. 33 34 (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier 35 boundaries are designated using aerial photography, data from the Florida Keys 36 Carrying Capacity Study, the endangered species maps, property and permitting 37 information and field evaluation. The following criteria, at a minimum, are used to 38 evaluate upland habitats and designate boundaries between different tier overlays: 39 40 (1) Tier I boundaries shall be delineated to include one or more of the following criteria 41 and shall be designated tier I: 42 a. Vacant lands which can be restored to connect upland native habitat patches and 43 reduce further fragmentation of upland native habitat. 44 b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if 45 indicated as appropriate by special species studies, between natural areas and 46 development to reduce secondary impacts. Canals or roadways, depending on 47 width, may form a boundary that removes the need for the buffer or reduces its 48 depth. File # 2012-041 Page 9 of 12 I c. Lands designated for acquisition by public agencies for conservation and natural 2 resource protection. 3 d. Known locations of threatened and endangered species, as defined in section 101-1, 4 identified on the threatened and endangered plant and animal maps or the Florida 5 Keys Carrying Capacity Study maps, or identified in on -site surveys. 6 e. Conservation, native area, sparsely settled, and offshore island land use districts. 7 f Areas with minimal existing development and infrastructure. 8 9 (2) Lands located outside of Big Pine Key and No Name Key that are not designated tier I 10 shall be designated tier III. 11 a. The following conditions shall constitute a break in pinelands or tropical 12 hardwood hammock for calculating the one -acre minimum patch size for 13 designation of tier III -A boundaries: 14 1. U.S. Highway 1, canals and open water; 15 2. Any disturbed pinelands or tropical hardwood hammock with invasive 16 coverage of 40 percent or more; 17 3. Property lines of developed lots or vacant lots with a ROGO allocation 18 award or an issued building permit, as of September 28, 2005, located 19 within a Land Use District that allows only one unit per lot; or 20 4. Property lines of developed parcels of less than 10,000 square feet in area 21 with a ROGOINROGO allocation award or issued building permit, as of 22 September 28, 2005, located within a Land Use District that allows 23 residential development of more than one dwelling unit per parcel/lot or 24 non-residential development. 25 b. Lots designated tier III -A (Special Protection Areas) on the November 29, 2005 26 maps may petition the county for a rezoning to tier III if the lot meets one of the 27 following criteria: 28 1. The lot will be served by a central sewer and the wastewater collection 29 system has an approved permit that was effective March 21, 2006 to 30 construct the system on file from the Department of Environmental 31 Protection; or 32 Such lots may be granted a score of 30 points through an administrative determination 33 made by the county biologist, the director of growth management and rendered to the 34 department of community affairs until such time as the county sponsors a zoning map 35 change to update the Tier Three Overlay Zoning Map and it is approved by the department 36 of community affairs. 37 c. Any hammock identified in the county's data base and aerial surveys as 1.00 to 38 1.09 acres in area shall be verified by survey prior to its designation as tier III- 39 A. A hammock that is deemed by survey and a field review by county biologists 40 to fail the minimum size criteria shall have the Special Protection Area 41 designation removed from the subject parcel. 42 43 (d) Big Pine Key and No Name Key tier boundary criteria. The tier boundaries shall be 44 designated using the Big Pine Key and No Name Key Habitat Conservation Plan 45 (2005) and the adopted community master plan for Big Pine Key and No Name Key. 46 47 (e) Tier overlay district map amendments. The tier overlay district map may be 48 amended to reflect existing conditions in an area if warranted because of drafting or File # 2012-041 Page 10 of 12 1 data errors or regrowth of hammock. However, the clearing of tropical hardwood 2 hammock or pinelands that results in the reduction of the area of an upland native 3 habitat patch to less than the one -acre minimum shall not constitute sufficient grounds 4 for amending the designation of a tier III -A area to tier III. The tier overlay district map 5 amendments shall be made pursuant to the procedures for map amendments to this 6 chapter. Unlawful conditions shall not be recognized when determining existing 7 conditions and regulatory requirements. 8 9 (f) Request for tier I designation. Notwithstanding the provisions of section 102- 10 158(d)(2), any individual may submit an application to the planning department 11 containing substantial and competent documentation that an area meets the tier I 12 criteria. Applications must be received by July 1 of each year on a form approved by 13 the director of planning for consideration by the special magistrate at a public hearing 14 advertised at least 15 days prior to the hearing date. Said hearing by the special 15 magistrate shall be held prior to November 1 of each year. The director of planning will 16 review the documentation and any other appropriate scientific information and prepare 17 an analysis report for the special magistrate. The special magistrate will render a 18 written opinion to the planning commission and board of county commissioners either 19 that the application meets the criteria for designating the lands as tier I or that the 20 documentation is insufficient to warrant a map amendment. The posting, advertising 21 and review will follow the procedures in section 102-158(d)(3), (d)(4) and (d)(5). 22 23 The Big Pine Key LCP is concurrently being amended to show the parcels in question as Tier 24 III. These parcels do not meet the criteria for Tier I designation based upon the criteria in the 25 HCP and LCP. 26 27 In accordance with MCC§ 102-158(d)(5), the BOCC may consider the adoption of an ordinance 28 enacting the proposed change based on one or more of the following factors: 29 30 1. Changed projections (e.g., regarding public service needs) from those on which the text of 31 boundary was based; 32 NA 33 34 2. Changed assumptions (e.g., regarding demographic trends); 35 NA 36 37 3. Data errors, including errors in mapping, vegetative types and natural features described in 38 Volume I of the plan; 39 40 Due to a mapping error, Seacamp property was not designated Tier III on the Big Pine 41 Key and No Name Key LCP Tier Map pursuant to Monroe County Resolution 562-2003. 42 The Seacamp property does not meet the Tier I criteria within the LCP and HCP. 43 44 4. New issues; 45 NA 46 47 5. Recognition of a need for additional detail or comprehensiveness; or 48 NA File # 2012-041 Page 11 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 6. Data updates. NA Impact on Community Character: The subject property is presently part Seacamp located at the terminus of Big Pine Avenue in Big Pine Key, an existing institutional use. It is not anticipated that the future development of the site will impact the existing character of the adjacent area. V RECOMMENDATION The Seacamp property does not meet the Tier I criteria specified by Section 130-130(d), Monroe County Code, therefore, staff recommends that the Board of County Commissioners amend the Tier District Overlay Designation Map from Tier I to Tier III for the Seacamp property. VI EXHIBITS 1. Board of County Commission Resolution 562-2003 2. Planning Commission Resolution P39-11 3. Board of County Commission Resolution 23-2012, Transmittal 4. Tier Overlay Map Amendment 5. Figure 2.1 Key Deer Location from Telemetry, Habitat Conservation Plan for Florida Key Deer and Other Protected Species on Big Pine Key and No Name Key, Monroe County, Florida (HCP) 6. Figure 2.2 Lower Keys Marsh Rabbit Habitat (HCP) 7. Figure 2.4 Six Grid Layers used to Generate Weighting Factor Grid (HCP) File # 2012-041 Page 12 of 12 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ORDINANCE - 2012 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE TIER OVERLAY DISTRICT DESIGNATION FROM UNDESIGNATED AND TIER I TO TIER III FOR PROPERTY OWNED BY SEACAMP ASSOCIATION, INC. AND LEGALLY DESCRIBED AS BIG PINE KEY PART OF BAY BOTTOM ADJACENT TO BLOCKS E AND F; BLOCK E, LOTS, 16, 17, 18, 19, 20; AND BLOCK F, LOTS 8, 9, 10, 11, AND 12, PINEY POINT SUBDIVISION (PB8-88) WITHIN SECTION 34, TOWNSHIP 66, RANGE 29; HAVING REAL ESTATE NUMBERS 00112030-000000, 00246950-000000, 00246960-000000, 00246970- 000000, 00246980-000000, 00246990-000000, 00247140-000000, 00247150-000000, 00247160-000000, 00247170-000000, AND 00247180-000000; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, at a regularly scheduled meeting held on the 24t' day of July, 2012, the Monroe County Development Review Committee held a public meeting for the purpose of reviewing the proposed amendment to the Tier Overlay District Map; and WHEREAS, at a regularly scheduled meeting held on the 29t' day of August, 2012, the Monroe County Planning Commission held a public hearing for the purpose of making a recommendation to the Monroe County Board of County Commissioners to amend the Tier Overlay District Map; and WHEREAS, the Monroe County Planning Commission made the following findings: 1. Seacamp, a not -for -profit organization that provides marine education to children, contacted Monroe County to notify County staff of a tier designation error for a portion of the Seacamp property on Big Pine Key and requested a correction of the error. Seacamp's property is located on approximately 14.98 acres of land located at the extreme southwest tip of the island, at the end of Big Pine Avenue. 2. The Seacamp property consists of 13 Real Estate Numbers: 00246950-000000, 00246960- 000000, 00246970-000000, 00246980-000000, 00246990-000000, 00247140-000000, 00247150-000000, 00247160-000000, 00247170-000000, 00247180-000000, 00112030- 000000, 00112040-000000, and 00247000-000000. 1 48 49 3. Real Estate Number 00247000-000000 is currently designated Tier III and Real Estate 50 Number 00112040-000000 is submerged land. These two parcels are not part of this 51 amendment. 52 53 4. Real Estate Number 00112030-000000 contains submerged land and upland with no Tier 54 designation. A portion of Real Estate Number 00247140-0000000 has no Tier designation, 55 with a portion having a Tier I designation. The remaining nine (9) real estate numbers have 56 Tier I designations. 57 58 5. The proposed Tier map amendment is necessary due to "3. Data errors, including errors in 59 mapping, vegetative types and natural features described in Volume I of the plan." The 60 Seacamp property does not meet the Tier I criteria specified by Section 130-130(d), 61 Monroe County Code. 62 63 WHEREAS, Monroe County Environmental Resources staff confirmed the accuracy of 64 the County's GIS habitat layer for the vegetative communities located on the Seacamp parcels; 65 and 66 67 WHEREAS, at a special meeting held on 13th day of February, 2012, the Monroe County 68 Board of County Commissioners held a public hearing and passed a resolution to transmit the 69 associated amendment to the Big Pine and No Name Key Master Livable CommuniKeys Plan 70 to the State Land Planning agency; and 71 72 WHEREAS, the proposed Livable CommuniKey Plan amendment to revise Figure 2.1 and 73 Table 2.7 was reviewed by the State Land Planning Agency which issued an Objections, 74 Recommendations, and Comments (ORC) Report on May 4, 2012 with no comments or issues 75 relative to this amendment. 76 77 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 78 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 79 80 Section 1. The Tier designation on the Tier Overlay District Map for eleven (11) parcels 81 having real estate numbers 00112030-0000, 00246950-000000, 00246960-000000, 00246970- 82 000000, 00246980-000000, 00246990-000000, 00247140-000000, 00247150-000000, 00247160- 83 000000, 00247170-000000, and 00247180-000000 shall be amended from undesignated and Tier I 84 to Tier III as shown on Exhibit 1, attached hereto and incorporated herein. 85 86 Section 2. SeverabRity. 87 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be 88 adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, 89 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be 90 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately 91 involved in the controversy in which such judgment or decree shall be rendered. 92 93 94 95 96 Section 3. Conflicting Provisions. 97 In the case of direct conflict between any provision of this ordinance and a portion or provision of 98 any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall 99 apply. 100 101 Section 4. Transmittal. 102 This ordinance shall be transmitted by the Planning and Environmental Resources Department to 103 the Florida State Land Planning Agency as required by Section 380.05(6) and (11), F.S. and 104 Section 389.0552(9), F.S. 105 106 Section 5. Man Depiction. 107 The changes listed above are shown on Exhibit 1 attached; those changes are to be reflected in the 108 County's GIS system and as amendments to the Tier Overlay District Maps adopted by Ordinance 109 028-2005 on October 19,2005 and supersede any other maps. 110 Section 6. fling. 111 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not 112 become effective until a notice is issued by the Florida State Land Planning Agency or 113 Administration Commission approving the ordinance. 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 Section 7. Effective Date. This ordinance shall become effective as provided by law and stated above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the day of , 2012. (SEAL) Mayor David Rice Mayor pro tem Kim Wigington Commissioner Heather Carruthers Commissioner George Neugent Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA 136 ATTEST: DANNY L. KOLHAGE, CLERK 137 138 139 140 DEPUTY CLERK Mayor David Rice MONR COUNTY TTORNEY PAS P ED T� FORA Date: t 3 0 2 \ o ? _0 . . . . . 6 0 0 . .. ....... 0 0 0 0 0 0 S 00 S 0 % / ` / § § 4 k k Ln o,_ o � kD � o .� B - $ " & 0 i ® o o z 0 E ) -■iR k / ! 2 : a 0 0 o 0 0 R 0 § § ( 2 So o -© kf E o k 4 N # « # =c rq CD ~ ~ ri C 0 k k \ 0 S 0 Q o S o I i = o 0 o q E 9 90 k2R2 :y CL : 2< Al cn S - cc © » § § /IJ \ . . ��. . � _ _ Q �q �\ f� c/ I� � P© _ G! W \/ q' EXHIBIT 1 Board of County Commission Resolution 562-2003 RESOLUTION NUMBER 562 -2003 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS APPROVING THE LIVABLE COMMUNIKEYS MASTER PLAN FOR BIG PINE KEY AND NO NAME KEY AS THE POLICY DOCUMENT TO DIRECT GROWTH AND DEVELOPMENT OF BIG PINE KEY AND NO NAME KEY. WHEREAS, Policy 101.20.1 of the Year 2010 Comprehensive Plan directs Monroe County to develop a series of Community Master Plans which shall include specific criteria, including close coordination with other community plans ongoing in the same area; and WHEREAS, the Monroe County Year 2010 Comprehensive Plan Objective 101.20 outlines the Livable CommuniKeys as a planning program which is to address community needs while balancing the needs of all of Monroe County; and WHEREAS, Big Pine Key has had a moratorium on all traffic generating development since March 13, 1995 due to an inadequate level of service (LOS) on the Big Pine segment of U.S. 1 which did not meet the concurrency requirements set forth in Policy 301.1.2 of the Year 2010 Comprehensive Plan; and WHEREAS, Road improvements must be made in order to improve the LOS on Big Pine Key, however the US Fish and Wildlife Service (USFWS) requires a Habitat Conservation Plan (HCP) to be completed to show that any development must minimize impacts to the endangered species before any finther development maybe permitted; and WHEREAS, on October 26, 1998, the U.S. Fish and Wildlife Service (USFWS), Florida Game and Fish Commission, the Florida Department of Community Affairs (FDAC), Florida Department of Transportation and Monroe County entered into a Memorandum of Agreement for the development of a Habitat Conservation Plan (HCP) for Big Pine and No Name Keys; and WHEREAS, the HCP is a mechanism whereby the concerns and responsibilities of the various public agencies with regard to the conservation of the Key Deer and other covered species, and public and private development of Big Pine and No Name Keys can be coordinated; and WHEREAS, both the HCP and the LCP have been developed in conjunction with one another to balance the amount and type of development the community desired, and the subsequent level of `take' of endangered species which may be necessary to accomplish the development; and WHEREAS, in order to obtain an assessment of community needs, three public workshops for the Livable CommuniKeys Program (LCP) were held on April 6, 2000; May 25, Page 1 of 3 2000; and September 21u, 2000 on Big Pine and an additional three public workshops were held for the HCP; and WHEREAS, as a result of public input from the LCP workshops, the Development Alternatives Report (DAR) was produced on March 6, 2001 which outlined preferred development options to be considered in the master plan which reflect input received from the community workshops and were analyzed in the HCP computer model to determine impacts on the endangered species; and WHEREAS, the HCP was approved for submittal to the USFWS by the Board of County Commissioners at the regularly scheduled meeting on March 19, 2003; and WHEREAS, the LCP implements the HCP as well as provides for the development needs of the community, and WHEREAS, the Livable CommuniKeys Master Plan, Draft One was reviewed during a regularly scheduled meeting of the Development Review Committee held on May 20, 2003, where public comment was received; and WHEREAS, during a regularly scheduled meeting on June 11, 2003, the Monroe County Planning Commission reviewed the Livable CommuniKeys Master Plan, Draft Two, which consisted of edits by staff to clarify language in the plan, heard public input, suggested changes based on public input and staff recommendations and continued the plan to the next meeting in Marathon; and WHEREAS, during a regularly scheduled meeting on July 9, 2003, the Monroe County Planning Commission reviewed the Livable CommuniKeys Master Plan, Draft Two, discussed proposed changes based on further community input and staff recommendations and continued the plan to the next meeting in Marathon for further consideration; and WHEREAS, during a regularly scheduled meeting on September 10, 2003, the Monroe County Planning Commission reviewed the Livable CommuniKeys Master Plan, Draft Three, accepted the proposed changes from the previous meeting and suggestions from public input and recommended further changes by staff, and WHEREAS, during the September meeting the Planning Commission recommended approval, with amendments, to the Board of County Commissioners; and WHEREAS, the Livable CommuniKeys Master Plan contains recommendations to amend the Future Land Use and Land Use District maps for Big Pine Key and No Name Key which will be presented to the Commission at a subsequent hearing; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding findings support their decision to recommend APPROVAL to adopt the Livable CommuniKeys Master Plan for Big Pine and No Page 2 of 3 Name Key, Draft Four, as the working regulatory document to direct growth and development on the islands with the following amendments and direct staff to make the changes to the Monroe County Year 2010 Comprehensive Plan and Land Development Regulations as recommended in the Master Plan: 1. Change the Tier designation of the property known as Seacamp from Tier I to Tier III on the map on page 28. 2. Amend Action Item 8.1.1 c. on page 58 to read as follows: "Permit new fences on developed canal lots and vacant canal lots that are contiguous to and serve a principal use within Tier II and Tier III and within Port Pine Heights and Kyle Dyer Subdivisions. All fences shall be designed to meet adopted fence design guidelines for the planning area already contained in the land development regulations." 3. Add Action Item 12.2.4 which shall read "Prohibit new formula retail businesses and restaurants in the planning area through the development of Land Development Regulations." PASSED AND ADOPTED By the Board of County Commissioners of Monroe County, Florida at a regular meeting field on the I7s` day of December, 2003. z b '� Mayor Murray Nelson yes o.•sx A rn Mayor Pro Tern David P. Rice x1a ''Fx{ Commissioner George Neugent yes on. 1'4a Commissioner Dixie Spehar yes Commissioner Charles "Sonny' McCoy yLan ': • (SWI) +y O �n •� Attest: Danny L. I lbaae, Clerk Dep Clerk Page 3 of 3 BOARD OF COUNTY COMMISSIONERS OF MONR E CO�FL A By � �, Mayor MONROE COUNTY ATTORNEY (S]AP I ' T FORM: ROMMM. WOLFE CHIEF S WCJ7 ATTORNEY D CJ EXHIBIT 2 Planning Commission Resolution P39-11 cP. A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING TO THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTAL TO THE STATE LAND PLANNING AGENCY OF AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE LIVABLE COMMUNIKEYS PROGRAM MASTER PLAN FOR FUTURE DEVELOPMENT OF BIG PINE KEY AND NO NAME KEY, BY AMENDING THE TIER DESIGNATION AS DIRECTED BY THE BOARD OF COUNTY COMMISSIONERS IN RESOLUTION 562-2003, FOR PROPERTY OWNED BY SEACAMP, HAVING REAL ESTATE NUMBERS 00246950-000000, 00246960-000000, 00246970-000000, 00246990 00, 00246990-000000, 00247140-000000, 00247150-000000, 00247160- 000000, 00247170-000000, AND 00247180-000000) FROM TIER I TO TIER III ON FIGURE 2.1 (TIER MAP FOR BIG PINE KEY AND NO NAME KEY), AND AMENDING THE TIER DESIGNATION FOR THE SEACAMP PROPERTY, AS LISTED IN TABLE 2.7, INSTITUTIONAL USES. WHEREAS, the Monroe County Development Review Committee considered the proposed amendment at a regularly scheduled meeting held on the 27 h day of September, 2011; and WHEREAS, at a regularly scheduled meeting held on the l" day of December, 2011, the Monroe County Planning Commission held a public hearing for the purpose of considering the transmittal to the State Land Planning Agency, for review and comment, a proposed amendment to the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the Monroe County Planning Commission makes the following findings: 1. Seacamp, a not -for -profit organization that provides marine education to children, contacted Monroe County to notify County staff of a tier designation error for a portion of the Seacamp property on Big Pine Key and requested a correction of the error. Seacamp's property is located on approximately 12 acres of land located at the extreme southwest tip of the island, at the end of Big Pine Avenue. 2. The Seacamp property consists of 13 real estate numbers: 00246950-000000, 00246960- 000000, 00246970-000000, 00246980-000000, 00246990-000000, 00247140-000000, 00247150-000000, 00247160-000000, 00247170-000000, 00247180-000000, 00112030- 000000, 00112040-000000, and 00247000-000000. Real estate numbers 00112030-000000 and 00112040-000000 are submerged lands. Real estate number 00247000-000000 is File number 2011-104 Resolution No. 39-11 currently designated as Tier III. The remaining ten (10) real estate numbers have Tier I designations. 3. Draft 1 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key was reviewed at the May 20, 2003, Development Review Committee meeting. 4. Draft 2 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key was reviewed at the June 11, 2003, Planning Commission meeting and at the July 9, 2003, Planning Commission meeting. 5. Draft 3 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key was reviewed at the September 10, 2003, Planning Commission meeting. 6. Draft 4 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key was reviewed at the December 17, 2003, Board of County Commissioners meeting. 7. Resolution 562-2003, attached hereto as Exhibit 1, approved Draft 4 of the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key and directed staff to change the tier designation for all of the property known as Seacamp from Tier I to Tier III on the map on Page 28. 8. The Board of County Commissioners passed Resolution 044-2004 on January 21, 2004, to transmit the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key as a proposed amendment to the 2010 Monroe County Comprehensive Plan to the Department of Community Affairs which included the map as drawn incorrectly for Seacamp, without the corrected designation for ten (10) parcels. The Department of Community Affairs issued an Objections, Recommendations and Comments (ORC) Report to Monroe County on June 29, 2004. 9. The Board of County Commissioners passed Ordinance 029-2004 on August 14, 2004, to adopt the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key as an amendment to the 2010 Comprehensive Plan, address issues raised in the ORC Report, and to submit the amendment to the Department of Community Affairs. The adopted amendment included the incorrect map without the Tier III designation for the ten (10) parcels. 10. The amendment finihers the Principles for Guiding Development for the Florida Keys Area of Critical State Concern. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA: [Amendments are presented in st6lseugh to indicate deletions and underline to indicate additions to text. All other words, characters, and language of this subsection remain un- amended.] The following amendment to the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key as adopted by reference into the Monroe County 2010 Comprehensive Plan is File number 2011-104 Resolution No. 39-11 recommended for transmittal to the State Land Planning Agency and adoption by the Board of County Commissioners as follows: (1) Amending the Tier designations on Figure 2.1 for ten (10) parcels having real estate numbers 00246950-000000, 00246960-000000, 00246970-000000, 00246980-000000, 00246990-000000, 00247140-000000, 00247150-000000, 00247160-000000, 00247170- 000000, and 00247180-000000 from Tier I to Tier III as shown on Exhibit 2 attached hereto and incorporated herein. (2) Amending Table 2.7, Institutional Uses, of the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key, attached hereto as Exhibit 3, and incorporated herein. Text deletions are stricken through and additions are underlined on Exhibit 3. All other words, characters, and language of the comprehensive plan remain unchanged. PASSED AND RECOMMENDED FOR TRANSMITTAL by the Monroe County Planning Commission at a regular meeting held on the In day of December, 2011. Chair Werling Y Vice -Chair Wall Y Commissioner Hale Y Commissioner Lustberg Y Commissioner Wiatt Y Signed this _ day of r1 u.a 2012 t iApproved As To Form Date: V File number 2011-104 Resolution No. 39-11 EXHIBIT 3 Board of County Commission Resolution 23-2012, Transmittal A MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 023 -2012 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TRANSMITTING TO THE STATE LAND PLANNING AGENCY AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE LIVABLE COMMUNIKEYS PROGRAM MASTER PLAN FOR FUTURE DEVELOPMENT OF BIG PINE KEY AND NO NAME KEY, AMENDING THE TIER DESIGNATION AS DIRECTED BY THE BOARD OF COUNTY COMMISSIONERS IN RESOLUTION 562-2003, FOR PROPERTY OWNED BY SEACAMP, HAVING REAL ESTATE NUMBERS 00246950-000000, 00246960-000000, 00246970.000000, 00246980- 000000, 00246990-000000, 00247140-000000, 00247150-000000, 00247160-000000, 00247170-000000, AND 00247180-000000) FROM TIER I TO TIER III ON FIGURE 2.1 (TIER MAP FOR BIG PINE KEY AND NO NAME KEY), AND AMENDING THE TIER DESIGNATION FOR THE SEACAM[P PROPERTY AS LISTED IN TABLE 2.7, INSTITUTIONAL USES. WHEREAS, the Monroe County Board of County Commissioners conducted a public hearing for the purpose of considering the transmittal to the State Land Planning Agency for review and comment a proposed amendment to the Monroe County Year 2010 Comprehensive Plan as described above; and WHEREAS, the Monroe County Planning Commission and the Monroe County Board of County Commissioners support the requested text amendment; NOW THERFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1: The Board of County Commissioners does hereby adopt the recommendation of the Planning Commission to transmit the draft ordinance for adoption of the proposed text amendment. Section 2: The Board of County Commissioners does hereby transmit the proposed amendment to the State Land Planning Agency for review and comment in accordance with the provisions of Chapter 163.3184, Florida Statutes. Page 1 of 2 Section 3. The Monroe County staff is given authority to prepare and submit the required . transmittal letter and supporting documents for the proposed amendment. Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this resolution to the Director of Planning. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting held on the 13`h day of February, 2012. Mayor David Rice Yes Mayor pro rem Kim Wigington Yes Commissioner Heather Carruthers Yes Commissioner George Neugent Yes Commissioner Sylvia Murphy Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA .cs AL) ATTEST: 15ANNY L. KOLHAGE, CLERK DEPUTY CLERK c_LER7 K BY _ Mayor David Rice Page 2 42 MC',r E COUN'Y ATTORNEY A F OVEOAS TO FRAM Date: 1 Exhibit 4 (legend) Map Legends for Seacamp Properties — Tier Overlay District Map Amendment Monroe County Tier Overlay District Tier Tier I - Natural Area Tier III - Infill Area Land Use Zone IS-M - Improved Subdivision (Masonry) li MU - Mixed Use Future Land Use FLUM C - Conservation �.` INS - Institutional RC - Residential Conservation RH - Residential High 2009 Land Cover - Habitat Description Developed Land 0 Undeveloped Land Impervious Surface Hammock Scrub Mangrove - Freshwater Wetland 0 Beach Berm - Buttonwood - Mangrove Salt Marsh kf41t Water 0 4 gl. ..m5Q / OMNI \ `2/j:|(§\}! 0 8 09 0 AINCHU 7 EXHIBIT 7 Figure 2.4 Six Grid Layers used to Generate Weighting Factor Grid (HCP) • Deer density: Development in areas of low Key deer density would be Iess harnM to the Key deer than development in area of high density. • Distance fiom US- 1. Development near US- I would be less harmfW to the Key dew than development ftdm from Water1 z Development in was with canalswould be less hwmful. the Key dew than development '1area withoutcanals. n',+ �r ::... . r - ri:. i� a :-: .:.. r� = is - . :< •� ter.. _ r..,. r ;... _ ' _ r r >:; to the deer and 2 representedthehighest c the Key deer Deer Corridors Door Dendty House Water BaMers Distance from US 1 Patch Quiffity Figure 2.4. Six grid layers used to generate weighting factor grid (darker shad - higher value for the deer) 92 Rick Scott GOVERNOR L)E� Hunting F. Deuts EXECUTIVE DIRECTOR FLORIDA DEPARTMENTof ECONOMIC OPPORTUNITY IsKME The Honorable David Rice Mayor, Monroe County Board of County Commission 9400 Overseas Hwy, #210 Marathon Airport Terminal Marathon, F.C. 33050 MEE�� The State Land Planning Agency (the Agency) has completed its review of the Proposed comprehensive plan amendment for Monroe County (Amendment No. 12-2ACSC), which was received and determined complete on March 7, 2012. Copies of the proposed amendment have been distributed to the appropriate reviewing agencies for their review, and their comments are enclosed. We have reviewed. the Proposed amendment in accordance with the state coordinated review process set forth in Sections 163.3184(2) and (4), Florida Statutes (F.S.), for compliance with Chapter 163, Part 11, F.S. The attached Objections, Recommendations, and Comments Report outlines our findings concerning the amendment. We have identified one objection and have included recommendations regarding measures that can be taken to address the objection. We are a] o Providing two technical assistance comments consistent with Section 163.3168(3), Agency's technical assistance e as suggest-• comments will not form the basis of a challenge. They are offered loris which can strengthen the County's comprehensive plan in order to foster a vibrant, healthy community or are technical in nature and designed to ensure compliance with the provisions of Chapter The County should act by choosing to adopt, adopt with changes, or not adopt the Proposed amendment. Also, Please note that Section 163.3184(4)(e)l F.S , provides at i 't e second public hearing is not held and that f h the amendment adopted within 180 days of your receipt of agency comments, the amendment shall be deemed withdrawn unless extended by agreement with notice to the state land planning agency and any affected party that provided comment on the amendment. For Your assistance, we have enclosed the procedures for final adoption and transmittal Of the comprehensive plan amendment. Florida Department of Economic Opportunity The Caldwell Building 107 E. Madison Street Tallahassee, FL 32399-4120 866.Ft-A.2345 850.245 7105 850-921 3223 Pax AL6M*- .. .. A�t �Wtter,�;om/FLDQO A&A�facebook.com/FLDEO telephone numbers on this document may JzaM%-W" An equal opportUniky employer/program o Auxiliary aids and services are available upn request to individuals -70-e-q—u1p �91-MT ment via the Florida Relay Service at 711. •7 I MPVT M- May 4, 2012 Page 2 of 2 My staff and I are available to assist the County in addressing the issues identified in our report. If you have any questions, please contact Rebecca Jetton, at (850) 717-8494, or by email at RebeccaoielLpil Cmdeo.myflorida.corn. Sincerely, Mike McDaniel, Chief Bureau of Com AM Enclosures: objections, Recommendations and Comments Report Review Agency Comments Adoption Procedures cc: Christine Hurley, Growth Management Director Mr. James F. Murley, Executive Director, South Florida Regional Planning Council Florida Department of Economic Opportunity The Caldwell Building 107 E. Madison Street Tallahassee, FL 32399-4120 866.FLA.2345 850.245,710,9 850921.3223 Fax �.Floridajobs.o www t 4!ter.coyVFLaEQ www. face bool,.comIFLD E 0 An equal opportunity employer/program. Auxiliary aids and services are available telephone numbers n 2 - , STATE LAND PLANNING AGENCY m 1 RmTowmW x9rol K TV 9 &"tl I rJ mAl V 9, fy,&N FOR MONROE COUNTY PROPOSED COMPREHENSIVE PLAN AMENDMENT NO 12-2ACSC) I Consistency with Chapter 163, Part It and Chapter 380, Part I The Department has the following objections and comments to the proposed comprehensive plan amendment: Objection 1: Monroe County has proposed policy 101,4.20 to address those applications that request an increase in density/intensity and provides two options to the applicant. Option one in the proposed policy only addresses density and intensity increases that are for parcels one acre or greater in size and does not address lots smaller than one acre. The policy does not provide meaningful and predictable guidelines and standards, and is potentially inconsistent with Rule 28-20.140(5)9 and the Principles for Guiding Development, because it is unclear if the requirements intended to discourage increases in density and intensity also apply proportionately to lots less than an acre. Authority: Section 163.3177(1), and 380,0552(7), Florida Statutes, (F.S.), Rule 28- 20.140(5)9, Florida Administrative Code Recommendation: Revise the policy to clarify that Options I and 2 also apply proportionately to properties less than an acre. The county is encouraged to develop a mechanism that would require donation of land from Tier I when Tier I future land use increases in density/intensity are considered. It. Technical Assistance Comments Comment: Data and analysis submitted with the amendment identifies two properties that have Maritime Industries zoning district with one designated Public Facilities and the other designated Conservation. The densities and intensities of the Maritime Industries zoning district are inconsistent with the FLUM categories of Public Facilities and Conservation. The Public Facilities Land Use and the Conservation FLUM designations do not allow hotel rooms or dwellings. The County should establish zoning categories that are consistent with the FLUM and remove the Maritime Industries zoning district from the parcels. 2. Comment: To eliminate potential confusion, the Department recommends that Monroe County delete or revise the Action Items which govern clearing limits in the Livable ConimuniKeys Master Plans for Big Pine and Tavernier Creek to be consistent with the minimum and maximum clearing limits indicated in Policy 101.4.22. A. Receipt of Comments from external Agencies B. Citizen comments From: Demes, Ron A CIV CNRSE, NO2 [ron.demes@navy.mil] Sent: Monday, April 02, 2012 11:16 AM To: Hurley -Christine Cc: Jetton, Rebecca; Santamaria-Mayte; Schwab-Townsley Subject: RE: Monroe County Comprehensive Plan Amendment: County Resolution Number 025-2012 OK: I sent a text to Rebecca since my email was not working until mid morning. I was not able to get email this weekend and saw an email from her on Sat. I will send you some dates this afternoon. V/ r, ran -----Original Message ----- From: Hurley -Christine [maiIto: Hurley -Christine@MonroeCounty- FL. Goy ] Sent: Monday, April 02, 2012 11:13 To: Demes, Ron A CIV CNRSE, NO2; rebecca.ietton DEO.m fy lorida.com; Santamaria-Mayte; Schwab- Townsley Subject: Re: Monroe County Comprehensive Plan Amendment: County Resolution Number 025-2012 Rebecca is here. But I'm not sure of her schedule. Mayte is not here. So we'd prefer next week sometime. Sent from my iPhone On Apr 2, 2012, at 11:09 AM, "Demes, Ron A CIV CNRSE, NO2" <ron.demes@navy.mil> wrote: > I will work this today now that computer is up and running. Is Rebecca here today? Or coming soon? > > -----Original Message ----- > From: Hurley -Christine [maiIto: Hurley -Christine(@MMonroeCounty-FL.Gov] > Sent: Monday, April 02, 2012 11:01 > To: Demes, Ron A CIV CNRSE, NO2; Tezanos-Mayra; Schwab-Townsley; Santamaria-Mayte > Cc: imurley@sfrpc.com; retie_cca.ietton@DEO.myflorida.com > Subject: Re: Monroe County Comprehensive Plan Amendment: County Resolution Number 025-2012 > Mr Demes: We would like an opportunity to sit down with you and go over this email. Please give us a couple of dates and times when you are available. > It would be good if Rebecca can listen in as well. > Mayra - please coordinate b > Thank you > Christine Hurley > Sent from my iPhone > On Mar 30, 2012, at 3:32 PM, "Demes, Ron A CIV CNRSE, NO2" <ron.demes@navy.mil> wrote: >> Mr. Murley and Ms. letton: >> As the representative of Naval Air Station Key West acting on behalf of >> the military installations within Monroe County jurisdiction and >> representing the Military interests as the ex-officio member of the >> Monroe County planning commission and representative at DRC & BOCC >> meetings, I am writing this email to document our objection to the comp >> plan amendment on transmitting a proposed ordinance that revises Policy >> 101.4.5 Mixed Use/commercial (MC) Future Land Use Map (FLUM) category >> description and amends Policy 101.4.21 to assign the Maritime Industries >> (MI) Zoning District to the MC FLUM Category and amends the maximum net >> density range and the maximum intensity range for the MC FLUM category >> and clarifies the footnotes within the table. » >> I have voiced this objection at the Development Review Committee and >> Planning Commission meetings regarding the proposed designation changes. >> Our primary objection to the proposed amendment is to the significant >> increase in residential type density that would be allowed under this >> amendment in lands proximal to Naval Air Station Key West such as areas of Noise Zones 65 DNL and higher. The current designation only allows >> for a maximum density of 2 dwelling units per acre and zero transient units. This change will allow for a 900% increase in residential >> dwelling units and an infinite increase on transient units. We find this >> contrary to FL statutes set to protect military interests in the State >> of Florida. >> As set for the in FS 163.3175(2), Naval Air Station Key West, associated >> with Monroe County, is designated a major military installation and due >> to its mission and activities, has a greater potential for experiencing >> compatibility and coordination issues than others. Accordingly, FS >> 163.3177(6)(a) relates to establishing compatible land use for such >> bases with specific governments in proximity to and in association with >> the specific military installations like NAS Key West. This amendment >> inadequately addresses the Navy's concerns regarding the objections >> brought out in the DRC and Planning commission. Upon unanimous denial of >> this proposed FLUM designation change, we did not believe this would go >> forward. >> Additionally, we find this proposed amendment inconsistent with FS >> 380.0552(7) and specifically principle (h) "to protect the value, >> efficiency, cost effectiveness and amortized life of existing and >> proposed public investments including: .....4. Key West Naval Air >> Station and other military facilities." >> A proposed solution could entail the county agreeing to no increase in >> residential/transient density within the 65 DNL noise contours based on >> the current 2007 AICUZ study. >> Naval Air Station Key West looks forward to continuing dialog to resolve >> this extremely important issue that is critical to our mission >> sustainability. >> V/r, Ron Demes >> R. A. DEMES >> Executive Director/Business Manager >> Naval Air Station >> P. O. Box 9001 >> Key West, Florida 33040-9001 2 >> 305.293.2866 Executive Suite >> 305.293.2488 XD/BM desk >> 305.293.2230 Fax >> 305.797,0158 XD/BM Cell >> mailto:ron.demes(@navy.mil r Rorida Fish I and Wildlife 1�1*01 04111166 ca 0MR011111111 COrn, ini ssioners, Kathy Barco Chairman Jacksonville Kenneth W. Wright Vice Chairman Winter Park Ronald M. Bergeron Fort Lauderdale April 6, 2vL2 Am Mr. Ray Eubanks Department of Economic Opportunity Division of Community Development 107 East Madison Street, MSC- 160 Tallahassee, FL 323994120 dcl2extemalal'yenocomments Ladeo-onyfloridacom Re: Monroe County Year 2010 Comprehensive Plan Amendment, 12-2 Expedited State Review, Area of Critical State Concern, Monroe County In •WWA- V ♦reviewed 'tie seven ff�l proposed amendments to Monroe County's Year 2010 Comprehensive Plan and provide• the following comments, under Chapter 163, Florida Statutes, for your consideration., Richard A. Corbett Tampa Part of Monroe County (the City of Key West and the Florida Keys) is consid red to b an a e e Are Allese P. "Llesa" Priddy of Critical State Concern (ACSQ, which includes environmental or natural resources of regional Immokalee or statewide importance. FWC staff has been involved in the Tier Designation Review Charles W. Roberts III Committee along with Monroe County staff, public agencies, private consultants, planners, and Tallahassee other interested parties. Participation in this committee has allowed FWC the opportunity to Brian S. Yablonsid provide input regarding fish and wildlife resources in the ACSC and as such, we believe the — Tallahassee proposed amendments do not appear to adversely affect regional or statewide resources. Executive Stiff After reviewing the proposed resolutions, FWC staff has determined that Resolution 021-2012 Nick Wiley may improve habitat protection by discouraging Future Land Use changes which increase' Executive Director allowable density/intensity. Resolutions 022-2012 and 024-2012 may also increase wetland Greg Holder protection by assigning points under ROGONROGO (Rate of Growth Ordinance/N ent' Assistant Executive Director on-resid nt Karen Ventimiglia Rate of Growth Ordinance) for land dedication and also by assigning negative points to certain Chief of Staff Tier IH parcels that contain submerged lands and/or wetlands requiring open space. T hese provisions should prove effective in reducing impacts to fish and wildlife resources in this area.1 Division of Hribft tall We appreciate the opportunity to participate in the Tier Designation Review Committee and look '. 8e. forward to continuing this partnership. We also appreciate the oppo ni to review th Species Consfn%,it*n rtu ty Eric Sutton, Director proposed amendments and would like to extend this oNer to the County's staff for future (850) 488-3831 coordination on Comprehensive Plan Amendment activities. If you or your staff needs further (850) 921-7793 FAX assistance, please do not hesitate to contact Jane Chabre at 850-410-5367, or FWC'ConservationPlanningServicesCe�_MYFWC.com and she will be glad to make the necessary arrangements. If you have specific questions regarding the content of this letter, please contact Ben Shepherd at 407-858-6170 or by email at Ben. Sh�gpherd(&,MyFWC.com. Managing fish and wildlife resources for their long-term well-being and the benefit of people. 620 South Meridian Street Tallahassee, Florida 32399-1600 Voice. (850) 488-4676 Hearing/speech-impairea: (800) 955-8771 (T) (800) 955-8770 (V) 9= Bonita•am, Program Administrator 0 f fi c e bg//bs ENV 2-3-3 Monroe County 12-2AC'SC_ 16011040612 MyFWC,com cc: Mayte Santamaria Monroe County Planning and Environmental Resources santamaria-ma ytefiei)monroecounty-fl.gov Terry Manning South Florida Water Management District tmanniP96a),s.fwnid.gov Jim Quinn Florida Department of Environmental Protection Rachel M. Kalin. South Florida RR w rkalin Wendy Evans, Administrative Assistant 11 De IAWAW.)� I ft Ihw South Florida ej"* x Regional Planning P" 5 Council L)A:I'E-. APRIL 2,2012 TO: COUNCILIMEMBERS FROM: STAFF AGENDA ITEM #111-E 2�- SUBIECT; LOCAL GOVERNMENT COMPREHENSWE PLAN I"ROPOSED AND AL)OF'TED AW-NDMENT CONSENT AGENDA Pursuant to Section 163.3184, Florida Statutes, Council review of amendments to local government comprehensive plans is limited to 1) adverse effects on regional resources and facilities identified in the Strategic Regional Policy Plan for South Florida (SRPP) and 2) extrajurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the Region, A written report containing an evaluation of these impacts, pursuant to Section 163-3184, Florida Statutes, is to be provided to the local government and the State Land Planning Agency within 30 calendar days of receipt of the amendment. Staff analysis confirms that the proposed and/or adopted amendments identified in the TaUe below are generally consistent with and supportive of the Goals and Policies of the SRPF. Attached are the separate amendment review forms that will be sent to the local government and State Land Planning Agency. 'if adopted' 117.. Proposed coonc.j Review Date and Consistency Fimling is g1jown sn —rhe amendimnt is not required to be re sewed v �aylsrllttta] ; N/& not apjfl�cable Recommendation Find the proposed and/or adopted plan amendments from the local governments of Monroe County, Southwest Ranches, Broward County, and Oakland Park generally consistent with the Strategic 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021 B roward (1954) 965-44 16, State (800) 985-4416 FAX (9541) 985-4417, e-n-,ail: sfadmin@sfrPc,C0rr, Website, www-sfrpc.com Regional Policy Plan for South Florida. Approve this report for transmittal to the local governments with a copy to the State Land Planning Agency. FLORIDA REGIONAL COUNCILS ASSOCIATION LOCAL GOVERNMENT C F , I RATAW South Florida Regional Planning Council Agenda Item and Date-. III.E; 4/2/12. Local Government Amendment Number: Monroe County proposed #12-2ACSC. Date Comments due to Local Government: Date Mailed to Local Government and State Land Planning3r, Age ortoAL4J_17. Pursuant to Section 163.3184, Florida Statutes, Council review of amendments to local government comprehensive plans is limited to adverse effects on regional resources and facilities identified in the Strategic Regional Policy Plan for South Florida (SRPP) and extrajurisdictional impacts that would be inconsistent with the comprehensive plan of any affected local government within the region. A written report containing an evaluation of these impacts, pursuant to Section 163.3184, Florida Statutes, is to be provided to the local government and the state land planning agency within 30 calendar days of receipt of the amendment. I. Upland Vegetation Clearing (Resolution 20-2012) Revisions to Policies 101.4.22 and 205.2.7 and new Policy 101.4.23 would address limitations on cleari I of upland native vegetation, as recommended in the 2008 2009 an ' "14"C KIM Wm�_ . .. Min 2. Discourage Increases-ft, I New Policy 101.4.20 would discourage private application for future land use changes that increase allowable density and intensity and further preserve the native County, habitat of the Cthe Florida Keys Carrying Capacity Study and Rule 28 ty, implementing Code (F.A.C.). -20.110 and 28-20.140 of the Florida Administration The definition for" private application" would be applications from private entities with ownership of the upland development and parcel(s) of land or includes private upland development on County -owned land. Those private applicants requesting FLUM amendments shall be required to comply with either of the following: 1. For every acre of land for which there is a request to increase density and/or intensity, the applicant shall purchase and donate 2 acres of land that contain non -scarified native upland habitat and/or undisturbed wetland habitat to Monroe County for conservation (specific requirements shall apply). 2. For each requested additional unit of density, the applicant shall purchase and donate a lot designated as Improved Subdivision (IS) district on the Land Use (Zoning) District map that contain non -scarified native upland habitat and/or undisturbed wetland habitat to Monroe County (Specific requirements shall apply). The parcel which is the subject of the request to increase its density and intensitv must be designated as Tier III and have existing public facilities, services, and central wastewater facilities. 3. Tier System positive point allocation for wetland dedication (Resolution 22-2012) Revisions to Policies 101.5.4 and 101.5.1 would assign positive points under the residential and non- residential permit allocation system for the dedication of parcels that contain wetlands or Tier 111-A (Special Protection Area) parcels. The Tier system is used for purposes of land acquisition and smart growth initiatives. Tier I are Natural Areas, Tier 11 are Transition and Sprawl Reduction Areas on Big Pine and No Name Keys, Tier III are Infill Areas, and Tier 111-A are Special Protection Areas. Currently protective criteria for wetlands are not addressed. Revisions to the Livable CommuniKeys Master Plan for Big Pine and No Name Keys, which is adopted by reference into the Comprehensive Plan, would amend the designation of ten parcels known as the Seacamp property (approximately 12 acres) from Tier I to Tier III and as Institutional Use. The property is used by a not -for -profit organization that provides marine education to children. The change would be consistent with the existing land use and correct a scrivener's error in the original Master Plan. 5. Tier System negative point allocation for wetland protection (Resolution 24-2012) Revisions to Policies 101.5.4 and 101.5.5 would assign negative points under the residential and non- residential permit allocation system to Tier III parcels that contain submerged lands and/or wetlands that require 100% open space and that are located adjacent or contiguous to Tier I properties. s amendment would provide an additional layer of protection for wetlands, similar to County Amendment 6. Mixed Use/Commercial Land Use Map Designation and Maritime Industr Zo ng (Resolution 2012) Y ni 25. Revisions to Policies 101.4.5 and 101.4.21 would amend the Mixed Use/ Commercial (MC) future Land use category description to allow Maritime Industries (Ml) zoning in the MC category. Of 29 parcels currently zoned Nfl, all but one are on Stock Island, with 59.7 acres in the Industrial future land use category, and 29.5 acres in Public Facilities. Although MI zoning allows transient (hotel/motel) units, the Industrial future land use category does not. The staff backup indicates that the amendment is intended to encourage the preservation of recreational and commercial working waterfronts for water -dependent uses. The changes would: • Add language that MC future land use districts are to establish and conserve areas of mixed uses, which may include maritime industry, light industry, commercial fishing, transient and permanent residential, institutional, public, office, commercial and retail use; • Encourage the maintenance and enhancement of community character, recreational, and commercial working waterfronts; and • Apply certain criteria to lands designated with the Maritime Industries zoning, including maintaining a minimum of 35% of the upland area for working waterfront and water dependent uses and similar wet slips, dock, and public access walkway preservation. • Limit parcels to commercial apartments only. Commercial apartments would be an attached or detached residential dwelling unit located on the same parcel as a nonresidential use that is to serve as housing for the owner or employees of the nonresidential use. 7. Lower Keys Livable CommuniKeys Plan (Resolution 26-2012) A revision to Policy 101.20.2 would incorporate the Lower Keys Livable CommuniKeys Master Plan by reference into the Comprehensive Plan. The intent of the County s Livable CommuniKeys Plans is to contain framework for future development and redevelopment based on the applicable community character and environmental conditions. 1. ADVERSE EFFECTS TO SIGNIFICANT REGIONAL RESOURCES AND FACILITIES IDENTIFIED IN THE STRATEGIC REGIONAL POLICY PLAN. Not Applicable. 2. EXTRAJURISDICTIONAL IMPACTS INCONSISTENT WITH ANY COMPREHENSIVE PLANS OF LOCAL GOVERNMENTS WITHIN' THE REGION. Not Applicable. SOUTH FLORIDA WATER MANAGEMENT DISTRICT March 20, 2012 Mr. Ray Eubanks Administrator, Plan Review & Processing Department of Economic Opportunity Division of Community Planning and Development 107 East Madison Street Tallahassee, Florida 32399-4120 Dear Mr. Eubanks: Subject: Monroe County, Amendment #12-2ACSC Comments on Proposed Comprehensive Plan Amendment 3-a-(-1 L The South Florida Water Management District (District) has completed its review of the proposed amendment package submitted by Monroe County (County). The amendment package consists of seven tent and map amendments to update the Comprehensive Plan. There appear to be no regionally significant water resource issues; therefore, the District forwards no comments on the proposed amendment package. The District offers its technical assistance to the County, the Florida Keys Aqueduct Authority, and the Department of Economic Opportunity in developing sound, sustainable solutions to meet the County's future water supply needs and to protect the region's water resources. Once the amendment is adopted, please forward a copy to the District. For assistance or additional information, please contact Terry Manning, Policy and Planning Analyst, at (561) 682-6779 or tmanning ansfwmd.aov. Sincerely, - Rod A. Braun Director Office of Intergovernmental Programs RB/tm c: Christine Hurley, Monroe County Rebecca Jetton, DEO Rachel Kalin, SFRPC 3301 Gun Chub Road, West Palm Beach. Florida 33406 • (361) 686-8800 • FL WAIS 1-800-432-2045 Mailing Address: P.O. Box 24680, West Pahn Beach, FL 33416-4680 • www.sfwn-td.gov Florida Department of Go Scott C:��r�rr�c�r Environmental Protection lc-rr,ife, t:arroll Marjory Stoneman Douglas Building LL Governor 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 I -rsch � T. Vinyard, Jr. `'2rrctar y April 5, 2012 Mr. Ray Eubanks Plan Review Administrator`�`�,� Department of Economic Opportunity Bureau of Community Punning Caldwell Building 107 East Madison Street MSC 160 Tallahassee, FL 32399-6545 Re: Monroe County 12-2ACSC Proposed; Comprehensive Plan Amendment Review Dear Mr. Eubanks: The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) has reviewed the above -referenced amendment proposal under the procedures of Chapter 163, Florida Statutes. The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities, specifically: air and water pollution; wetlands and other surface waters of the state; federal and state-owned lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; water and wastewater treatment; and, where applicable, the Everglades ecosystem. Based on our review of the proposed amendment, the Department has found no provision that requires comment under laws that form the basis of the Department's jurisdiction. Thank you for the opportunity to comment on the proposed amendment package. Should you have any questions or require further assistance, please call me at (850) 245-2169. Sincerely, Chris Stahl Office of Intergovernmental Programs RICK SCOTT GOVERNOR _7� Florida Departinent of Transportation 1000 NW 111 Avenue Miami, Florida 33172-5800 April 3, 2012 Ray Eubanks, Plan Processing Administrator Department of Economic Opportunity Community Planning and Development 107 East Madison Street Caldwell Building, MSC 160 Tallahassee, Florida 32399 ANAN H PRASAD, P.E. SECRETARY , \WkZ-- Subject: Comments for the Proposed Comprehensive Plan Amendment, Monroe County, #12-2ACSC Dear Mr. Eubanks: The Florida Department of Transportation, District Six, completed a review of the Proposed Comprehensive Plan Amendment, Monroe County, #12-2ACSC. The District reviewed the amendment package per Chapter 163 Florida Statutes and found that one of the proposed amendments has the potential to adversely impact transportation resources and facilities of state importance. Below are general planning comments for the County's consideration. Please contact Ken Jeffries at 305-470-5445 if you have any questions concerning our response. • FDOT advises the County to provide data and analysis for the potential impacts of Resolution Number 025-2012 on State roadways. Specifically, the potential for Mixed Use/Commercial properties to rezone to Maritime Industries and develop at a higher intensity should be analyzed. • Alternatively, if the County does not wish to increase the potential amount of development allowed under Mixed Use/Commercial, it is recommended that the County limit the maximum intensity of development under Mixed Use/Commercial to 0.45 FAR (the existing maximum intensity) for all zoning designations. Sincerely, L Lt.r Phil Steinmiller _.- April 3, 2012 Page 2of2 Cc: Harold Desdunes, PE, Florida Department of Transportation, District 6 Aileen Boucle, AICP, Florida Department of Transportation, District 6 Christine Hurley, Monroe County Mayte Santamaria, Monroe County