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Item S18BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 21, 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 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 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 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. 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. This amendment is based upon the BOCC 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. On February 13, 2012, the BOCC transmitted the proposed amendment to correct the tier designation. On May 4, 2012, the Florida State Land Planning Agency submitted its Objections, Recommendations and Comments (ORC) Report to Monroe County which stated that the agency does not identify any objections or comments related to important state resources and facilities that will be adversely impacted by the amendment if it is adopted. 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 which included the map as drawn incorrectly for Seacamp, without the corrected designation for eleven (11) parcels as Tier III. 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: BUDGETED: Yes No _ COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasmg _ Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # 3 4 5 6 7 8 sr� , MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair 9 To: Monroe County Board of County Commissioners 10 11 Through: Christine Hurley, AICP, Director of Growth Management 12 Townsley Schwab, Senior Director of Planning & Environmental Resources 13 Mayt6 Santamaria, Assistant Director of Planning & Environmental Resources 14 15 From: Mitchell N. Harvey, AICP, Comprehensive Planning Manager 16 17 Date: August 22, 2012 18 19 Subject: Amendments to the Livable CommuniKeys Program Master Plan for the Future 20 Development of Big Pine Key and No Name Key 21 22 Meeting: September 21, 2012 23 24 I REQUEST 25 26 This is a request by Monroe County to amend the Master Plan for Future Development of Big 27 Pine Key and No Name Key by amending the Tier Designation, as directed by the Board of 28 County Commission in Resolution 562-2003, for property owned by Seacamp (Real Estate 29 numbers 00112030-000000, 00246950-000000, 00246960-000000, 00246970-000000, 30 00246980-000000, 00246990-000000, 00247140-000000, 00247150-000000, 00247160- 31 000000, 00247170-000000, and 00247180-000000) from undesignated and Tier I to Tier III on 32 Figure 2.1 (Tier Map for Big Pine Key and No Name Key), and to amend the tier designation 33 for the Seacamp property, as listed in Table 2.7, Institutional Uses, for consistency. 34 35 II BACKGROUND INFORMATION 36 37 On December 17, 2003, the Monroe County Board of County Commissioners passed 38 Resolution No. 562-2003, approving the Livable CommuniKeys Master Plan (LCP) for Big 39 Pine Key and No Name Key, Draft 4, as the policy document to direct growth and 40 development of Big Pine Key and No Name Key. Resolution 562-2003 (Exhibit 1) included 41 direction to County staff to "change the Tier designation of the property known as Seacamp 42 from Tier I to Tier III on the map on Page 43 44 On August 18, 2004, the Monroe County Board of County Commissioners passed Ordinance 45 029-2004, adopting the Livable CommuniKeys Master Plan for Big Pine Key and No Name 46 Key as part of the 2010 Comprehensive Plan. The Master Plan is the product of the Livable 47 CommumKeys program as outlined in the Monroe County Year 2010 Comprehensive Plan 1 Objective 101.20 which is to address community needs while balancing the needs of all of 2 Monroe County. 3 4 Seacamp, a not -for -profit organization that provides marine education to children, has 5 contacted Monroe County to notify County staff of a Tier designation error for the Seacamp 6 property and requested a correction to the error. Seacamp's property is located on 7 approximately 14 acres of land and bay bottom located at the extreme southwest tip of the 8 island, at the end of Big Pine Avenue. 9 10 The Seacamp property consists of 13 real estate numbers: 00112030-000000, 00112040- 11 000000, 00246950-000000, 00246960-000000, 00246970-000000, 00246980-000000, 12 00246990-000000, 00247000-000000, 00247140-000000, 00247150-000000, 00247160- 13 000000, 00247170-000000, and 00247180-000000. 14 15 Real estate number 00247000-000000 is currently designated Tier III. Real estate number 16 00112040-000000 is submerged land. These two parcels are not included with this amendment. 17 18 The eleven (11) affected parcels to be amended from undesignated and Tier I to Tier III are 19 illustrated below: 20 Seacamp Association, Inc. Big Pine Key, FL N 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 During the 2003 LCP adoption hearing process for Draft #4 of the LCP, 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." Communication between all parties regarding the Tier I designation error is detailed below: On November 20, 2003, Earl G. Gallop, General Counsel and Sandra Walters sent a memo to the County requesting a correction by changing Seacamp's Tier I designation to a Tier III by amending the LCP. On December 16, 2003, Sandra Walters sent a memo to Monroe County Mayor Nelson on specific issues related to amending the Tier designation. On October 7, 2009, Sandra Walters sent a letter to Monroe County staff requesting a correction of Seacamp's tier designation. The letter requested that the Seacamp facilities at the south end of the Big Pine Avenue should be designated Tier III. The letter requested that the County Planning Staff correct this as a scriveners' error and change all County records to show the property as a Tier III. On June 2, 2010, Sandra Walters sent a letter to Rebecca Jetton at the Department of Community Affairs (DCA) regarding the status of the Seacamp tier mapping. On July 7, 2010, Rebecca Jetton at the DCA responded to the June 2, 2010 correspondence from Sandra Walters with Sandra Walters Consulting, Seacamp's planning consultant. The correspondence included analysis on amending the tier designation and the direction from the BOCC. The letter stated "The zoning map for the Seacamp parcels land use zoning designation needs to be revised...." On July 29, 2010, Allan Milledge, Seacamp's Attorney, sent a letter to Rebecca Jetton at the DCA, responding to the July 7, 2010 letter. Summary of Previous County Actions: 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. 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. 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. 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. 3 1 Resolution 562-2003, approved Draft 4 of the Livable CommuniKeys Master Plan for Big Pine 2 Key and No Name Key and directed staff to change the Tier designation of the property known 3 as Seacamp from Tier I to Tier III on the map on Page 28. 4 5 The Board of County Commission passed Resolution 044-2004 on January 21, 2004 to 6 transmit the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key as 7 a proposed amendment to the 2010 Monroe County Comprehensive Plan to the Department of 8 Community Affairs. 9 10 The Department of Community Affairs issued an Objections, Recommendations and 11 Comments (ORC) Report to Monroe County on June 29, 2004. 12 13 The Board of County Commission passed Ordinance 029-2004 on August 14, 2004 to adopt 14 the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key as an 15 amendment to the 2010 Comprehensive Plan, address issues raised in the Objections, 16 Recommendations and Comments (ORC) Report and to submit the amendment to the 17 Department of Community Affairs. 18 19 The Habitat Conservation Plan (HCP) for the Florida Key Deer was prepared by Monroe 20 County for the U.S. Fish and Wildlife Service on April 2003 and was revised on April 2006. 21 22 The Incidental Take Permit (TTP) was prepared by the U.S. Fish and Wildlife Service and 23 became effective on June 9, 2006 and expires on June 30, 2023. 24 25 On June 2, 2009, the Board of County Commission passed Ordinance 020-2009 adopting 26 amendments to the Monroe County 2010 Comprehensive Plan to revise sections of the Livable 27 CommuniKeys Master Plan for Big Pine Key and No Name Key, clarifying sections 28 inconsistent with the Habitat Conservation Plan, Incidental Take Permit, and Monroe County 29 Code. 30 31 The Planning Commission passed Resolution P39-11 on December 1, 2011 recommending 32 approval to the Board of County Commissioners to transmit to the State Land Planning Agency 33 for review and comment, an amendment to the 2010 Comprehensive Plan, to amend the 34 Livable CommuniKeys Program Master Plan for Future Development of Big Pine Key and No 35 Name Key, to amend the Tier designation on Figure 2.1 (Tier Map for Big Pine Key and No 36 Name Key), and Table 2.7, Institutional Uses for the Seacamp property from Tier I to Tier III, 37 as directed by the Board of County Commissioners in Resolution 562-2003. 38 39 The Board of County Commissioners passed Resolution 023-2012 on February 13, 2012 40 (Exhibit 7), transmitting to the State Land Planning Agency for review and comment, an 41 amendment to the 2010 Comprehensive Plan, to amend the Livable CommuniKeys Program 42 Master Plan for Future Development of Big Pine Key and No Name Key, to amend the Tier 43 designation on Figure 2.1 (Tier Map for Big Pine Key and No Name Key), and Table 2.7, 44 Institutional Uses, for the Seacamp property from Tier I to Tier III, as directed by the Board of 45 County Commissioners in Resolution 562-2003. 46 47 I The proposed Comprehensive Plan amendment to revise Figure 2.1 and Table 2.7 was 2 reviewed by the State Land Planning Agency which issued an Objections, Recommendations, 3 and Comments (ORC) Report on May 4, 2012 (Exhibit 8) with no comments or issues relative 4 to this amendment. 5 6 III.PROPOSED AMENDMENTS 7 8 This is a request by Monroe County to amend the Master Plan for Future Development of Big 9 Pine Key and No Name Key by amending the Tier Designation, as directed by the Board of 10 County Commission in Resolution 562-2003 (Exhibit 1), for property owned by Seacamp 11 (Real Estate numbers 00112030-000000, 00246950-000000, 00246960-000000, 00246970- 12 000000, 00246980-000000, 00246990-000000, 00247140-000000, 00247150-000000, 13 00247160-000000, 00247170-000000, and 00247180-000000) from Tier I to Tier III on Figure 14 2.1 (Tier Map for Big Pine Key and No Name Key (Exhibit 2), and to amend the tier 15 designation for the Seacamp property, as listed in Table 2.7, Institutional Uses (Exhibit 3). 16 17 Note: Since the transmittal hearing, the parcel boundary for 00247140-000000 has been 18 updated by the Property Appraiser's office and the exhibit was updated to be consistent. 19 Additionally, Table 2.7 has been further modified to reflect all the real estate numbers that are 20 proposed to be Tier III. 21 22 III. CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE 23 PLAN, THE FLORIDA STATUTES, AND PRINCIPLES FOR GUIDING 24 DEVELOPMENT 25 26 A. The proposed amendment is consistent with the following Goals, Objectives and 27 Policies of the Monroe County Year 2010 Comprehensive Plan. Specifically, the 28 amendment furthers: 29 30 Goal 101: Monroe County shall manage future growth to enhance the quality of life, 31 ensure the safety of County residents and visitors, and protect valuable natural resources. 32 33 Objective 101.20: Monroe County shall address local community needs while balancing 34 the needs of all Monroe County communities. These efforts shall focus on the human 35 crafted environment and shall be undertaken through the Livable CommuniKeys Planning 36 Program. 37 38 Goal 102: Monroe County shall direct future growth to lands which are intrinsically most 39 suitable for development and shall encourage conservation and protection of 40 environmentally sensitive lands. 41 42 Policy 102.1.1: The County shall protect submerged lands and wetlands. The open space 43 requirement shall be one hundred (100) percent of the following types of wetlands: 44 1. submerged lands 2. mangroves 3. salt ponds 45 4. fresh water wetlands 5. fresh water ponds 46 6. undisturbed salt marsh and buttonwood wetlands 47 48 Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and I undisturbed salt marsh and buttonwood wetlands only for use as transferable development 2 rights away from these habitats. Submerged lands, salt ponds, freshwater ponds, and 3 mangroves shall not be assigned any density or intensity. 4 5 GOAL 105: Monroe County shall undertake a comprehensive land acquisition program 6 and smart growth initiatives in conjunction with its Program in a manner that recognizes 7 the finite capacity for new development in the Florida Keys by providing economic and 8 housing opportunities for residents without compromising the biodiversity of the natural 9 environment and the continued ability of the natural and man-made systems to sustain 10 livable communities in the Florida Keys for future generations. 11 12 Objective 105.1: Monroe County shall implement smart growth initiatives in conjunction 13 with its Land Acquisition Programs which promote innovative and flexible development 14 processes to preserve the natural environment, maintain and enhance the community 15 character and quality of life, redevelop blighted commercial and residential areas, remove 16 barriers to design concepts, reduce sprawl, and direct future growth to appropriate infill 17 areas. 18 19 Policy 105.1.1: Monroe County shall create an economic development framework for a 20 sustainable visitor -based economy, not dependent on growth in the absolute numbers of 21 tourists that respects the unique character and outdoor recreational opportunities available 22 in the Florida Keys. 23 24 Policy 105.2.1: Monroe County shall designate all lands outside of mainland Monroe 25 County, except for the Ocean Reef planned development, into three general categories for 26 purposes of its Land Acquisition Program and smart growth initiatives in accordance with 27 the criteria in Policy 205.1.1. These three categories are: Natural Area (Tier 1); Transition 28 and Sprawl Reduction Area (Tier II) on Big Pine Key and No Name Key only; and Infill 29 Area (Tier II1). The purposes, general characteristics, and growth management approaches 30 associated with each tier are as follows: 31 32 #3: Infill Area (Tier III): Any defined geographic area, where a significant portion 33 of land area is not characterized as environmentally sensitive as defined by this 34 Plan, except for dispersed and isolated fragments of environmentally sensitive 35 lands of less than four acres in area, where existing platted subdivisions are 36 substantially developed, served by complete infrastructure facilities, and within 37 close proximity to established commercial areas, or where a concentration of non- 38 residential uses exists, is to be designated as an Infill Area. New development and 39 redevelopment are to be highly encouraged, except within tropical hardwood 40 hammock or-pineland patches of an acre or more in area, where development is to 41 be discouraged. Within an Infill Area are typically found: platted subdivisions with 42 50 percent or more developed lots situated in areas with few sensitive 43 environmental features; full range of available public infrastructure in terms of 44 paved roads, potable water, and electricity; and concentrations of commercial and 45 other non-residential uses within close proximity. In some Infill Areas, a mix of 46 non-residential and high -density residential uses (generally 8 units or more per 47 acre) may also be found that form a Community Center. 48 1 Policy 105.2.2: Monroe County shall prepare an overlay map(s) designating geographic 2 areas of the County as one of the three Tiers in accordance with the guidance in Policy 3 105.2.1, which shall be incorporated as an overlay on the zoning map(s) with supporting 4 text amendments in the Land Development Regulations. These maps are to be used to 5 guide the Land Acquisition Program and the smart growth initiatives in conjunction with 6 the Livable CommuniKeys Program (Policy 101.20.1). 7 8 Policy 105.2.4: Monroe County shall prepare a specific data base tied to its Geographic 9 Information System, containing information needed to implement, monitor, and evaluate its 10 Land Acquisition Program, smart growth initiatives, and Livable CommuniKeys Program. 11 12 Goal 205: The health and integrity of Monroe County's native upland vegetation shall be 13 protected and, where possible, enhanced. 14 15 Objective 205.2: To implement Goal 105 of this Plan and the recommendations in the 16 Florida Keys Carrying Capacity Study (FKCCS), Monroe County shall adopt revisions to 17 the Land Development Regulations which further protect and provide for restoration of the 18 habitat values of upland native vegetated communities, including hardwood hammocks and 19 pinelands. 20 21 Policy 205.2.2: Monroe County shall discourage developments in Tier I and within tropical 22 hardwood hammock or pinelands of one acre or more in area to protect areas of native 23 upland vegetation. 24 25 Goal 207: Monroe County shall protect and conserve existing wildlife and wildlife 26 habitats. 27 28 B. The proposed amendment is consistent with the Master Plan for Big Pine Key and No 29 Name Key. Specifically, the amendment furthers: 30 31 Strategy 1.1: Create a Tier Map for the planning area depicting the locations of Tier I, Tier 32 II and Tier III lands as described in Comprehensive Plan Policy 105.2.1. Base the Tier 33 Map on the habitat needs of federally endangered resident species in the planning area as 34 set forth in the anticipated ITP and HCP in terms of relative H of parcels within the 35 planning area. 36 37 Goal 2: Manage future growth for the next twenty years on Big Pine Key and No Name 38 Key consistent with the community vision, while minimizing impacts on the endangered 39 species and maintaining the existing biodiversity. 40 41 Strategy 2.1: Continue to utilize the Land Use District Maps and supporting FLUM to 42 regulate land use type, density and intensity on an individual parcel basis within the 43 planning area. The distribution of future development shall be guided by a Tier System 44 Overlay Map pursuant to the Comprehensive Plan Smart Growth Initiatives (Goal 105). 45 46 Action 2.1.2: Adopt the Tier System Map separate from but as an overlay of the Land 47 District Ma s. The Tier System Overlay Map shall be used rimarily to guide the 48 distribution of development through the application of the residential rate of growth I ordinance and the non-residential rate of growth ordinance pursuant to the strategies set 2 forth in this Master Plan. 3 4 C. The amendment is consistent with the Principles for Guiding Development for the 5 Florida Keys Area, Section 380.0552(7), Florida Statute. 6 7 For the purposes of reviewing consistency of the adopted plan or any amendments to that 8 plan with the principles for guiding development and any amendments to the principles, the 9 principles shall be construed as a whole and no specific provision shall be construed or 10 applied in isolation from the other provisions. 11 12 (a) Strengthening local government capabilities for managing land use and development so 13 that local government is able to achieve these objectives without continuing the area of 14 critical state concern designation. 15 (b) Protecting shoreline and marine resources, including mangroves, coral reef formations, 16 seagrass beds, wetlands, fish and wildlife, and their habitat. 17 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, 18 native tropical vegetation (for example, hardwood hammocks and pinelands), dune 19 ridges and beaches, wildlife, and their habitat. 20 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound 21 economic development. 22 (e) Limiting the adverse impacts of development on the quality of water throughout the 23 Florida Keys. 24 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural 25 environment, and ensuring that development is compatible with the unique historic 26 character of the Florida Keys. 27 (g) Protecting the historical heritage of the Florida Keys. 28 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and 29 proposed major public investments, including: 30 31 1. The Florida Keys Aqueduct and water supply facilities; 32 2. Sewage collection, treatment, and disposal facilities; 33 3. Solid waste treatment, collection, and disposal facilities; 34 4. Key West Naval Air Station and other military facilities; 35 5. Transportation facilities; 36 6. Federal parks, wildlife refuges, and marine sanctuaries; 37 7. State parks, recreation facilities, aquatic preserves, and other publicly owned 38 properties; 39 8. City electric service and the Florida Keys Electric Co-op; and 40 9. Other utilities, as appropriate. 41 42 (i) Protecting and improving water quality by providing for the construction, operation, 43 maintenance, and replacement of stormwater management facilities; central sewage 44 collection; treatment and disposal facilities; and the installation and proper operation 45 and maintenance of onsite sewage treatment and disposal systems. 46 (j) Ensuring the improvement of nearshore water quality by requiring the construction and 47 operation of wastewater management facilities that meet the requirements of ss. 1.1 1 381.0065(4)0) and 403.086(10), as applicable, and by directing growth to areas served 2 by central wastewater treatment facilities through permit allocation systems. 3 (k) Limiting the adverse impacts of public investments on the environmental resources of 4 the Florida Keys. 5 (1) Making available adequate affordable housing for all sectors of the population of the 6 Florida Keys. 7 (m)Providing adequate alternatives for the protection of public safety and welfare in the 8 event of a natural or manmade disaster and for a post disaster reconstruction plan. 9 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and 10 maintaining the Florida Keys as a unique Florida resource. 11 12 Pursuant to Section 380.0552(7), Florida Statutes, the proposed amendment is consistent with 13 the Principles for Guiding Development as a whole and is not inconsistent with any Principle. 14 15 D. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute 16 (F.S.). Specifically, the amendment furthers: 17 18 163.3177(6)(a)3.f., F.S. - Ensure the protection of natural and historic resources. 19 163.3177(6)(d), F.S. - A conservation element for the conservation, use, and protection of 20 natural resources in the area, including air, water, water recharge areas, wetlands, 21 waterwells, estuarine marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, 22 harbors, forests, fisheries and wildlife, marine habitat, minerals, and other natural and 23 environmental resources, including factors that affect energy conservation. 24 25 163.3177(6)(d)2., F.S. - The element must contain principles, guidelines, and standards for 26 conservation that provide long-term goals and which: 27 d. Conserves, appropriately uses, and protects minerals, soils, and native vegetative 28 communities, including forests, from destruction by development activities. 29 e. Conserves, appropriately uses, and protects fisheries, wildlife, wildlife habitat, and 30 marine habitat and restricts activities known to adversely affect the survival of 31 endangered and threatened wildlife. 32 f. Protects existing natural reservations identified in the recreation and open space 33 element. 34 g. Maintains cooperation with adjacent local governments to conserve, appropriately 35 use, or protect unique vegetative communities located within more than one local 36 jurisdiction. 37 38 163.3177(6)(g), F.S. - For those units of local government identified in s. 380.24, a coastal 39 management element, appropriately related to the particular requirements of paragraphs 40 (d) and (e) and meeting the requirements of s. 163.3178(2) and (3). The coastal 41 management element shall set forth the principles, guidelines, standards, and strategies 42 policies that shall guide the local government's decisions and program implementation 43 with respect to the following objectives: 44 2. Preserve the continued existence of viable populations of all species of wildlife and 45 marine life. 46 3. Protect the orderly and balanced utilization and preservation, consistent with sound 47 conservation principles, of all living and nonliving coastal zone resources. 1 4. Avoid irreversible and irretrievable loss of coastal zone resources. 2 3 4 5 6 IV. ENVIRONMENTAL ANALYSIS: 7 8 Monroe County Environmental Resources staff conducted a site visit of the Seacamp Property 9 on August 5, 2011, to evaluate the accuracy of the County's GIS habitat layer and assess the 10 vegetative communities on the Seacamp parcels. The 2009 habitat layer accurately depicts 11 the majority of the site. Notable exceptions are the beach berm located south of the 12 impounded water on the west end of the point which should be labeled as developed land, the 13 spit of land along the west side of the south boat basin that should be labeled as developed 14 land, and the mangrove area that extends into the developed area of the camp which is 15 actually a canal with a mangrove canopy and should be labeled as water. 16 17 18 19 20 21 Land Developed Land Further, the following analysis of Key Deer and the Marsh Rabbit was documented in the Habitat Conservation Plan (HCP): 22 "The Habitat Conservation Plan (HCP) focuses on the Key deer as an "umbrella species" and 23 operates under the assumption that avoiding and minimizing impacts to Key deer habitat, will 24 also provide direct protection to both populations and habitats of other terrestrial species. In 25 the development of the HCP, the ecology and population dynamics of the Key deer was studied 26 for three years and a Population Viability Analysis (PVA) model, including a spatial Out I component, was produced to evaluate the impacts of development scenarios on the Key deer 2 population. Based on the Key deer studies done for the HCP and the resulting spatial model, 3 lands in the study area were classified into three "Tiers." Tier 1 lands are higher quality Key 4 deer habitat. Tier 3 lands are the lowest quality Key deer habitat. Most of the parcels in Tiers 2 5 and 3 are interspersed among developed parcels and among canals. These areas provide little 6 habitat value to the covered species." (Pg. 2 Habitat Conservation Plan) 7 8 Figure 2.1 (Exhibit 4) of the HCP provides Key deer locations from telemetry data. As noted 9 in the HCP, "the Key deer are wide ranging and utilize virtually all available habitat in the 10 project area, including developed areas (Figure 2.1, Lopez 2001)." Figure 2.1 does not 11 indicate the utilization or distribution of Key deer, during the 3 year study period, within or 12 adjacent to the Seacamp property. (Pg. 20 Habitat Conservation Plan) 13 14 Figure 2.2 (Exhibit 5) of the HCP provides the Lower Keys marsh rabbit habitat, as identified 15 by the U.S. Fish and Wildlife Service. This figure displays the Lower Keys marsh rabbit 16 habitat on Big Pine Key and No Name Key (Faulhaber 2003) based on the most recent data on 17 its distribution within the covered area (Figure 2.2). Figure 2.2 does not indicate Lower Keys 18 marsh rabbit habitat within or adjacent to the Seacamp property. (Pg. 23 Habitat Conservation 19 Plan). 20 21 Lastly, Figure 2.4 (Exhibit 6) depicts the 6 grid layers used to generate the weighting factor for 22 the final carrying capacity grid. The deer corridor and deer density parameters both reflect low 23 utilization of the Seacamp area by Key deer. 24 25 V. STAFF RECOMMENDATION 26 27 Monroe County Planning and Environmental Resources Department recommends approval to 28 amend the Master Plan for Future Development of Big Pine Key and No Name Key by 29 amending Seacamp's Tier Designation, (real estate numbers 00112030-000000, 00246950- 30 000000, 00246960-000000, 00246970-000000, 00246980-000000, 00246990-000000, 31 00247140-000000, 00247150-000000, 00247160-000000, 00247170-000000, and 00247180- 32 000000) from Tier I to Tier III on Figure 2.1, Tier Map for Big Pine Key and No Name Key, as 33 directed by the Board of County Commission in Resolution 562-2003 and to amend Table 2.7, 34 Institutional Uses. 35 36 VI. EXHIBITS 37 38 1. Resolution 562-2003 39 2. Amended Figure 2.1 Tier designations on Big Pine Key and No Name Key, Livable 40 CommuniKeys Master -Plan for -Big Pine Key and No Name Key (LCP) 41 3. Amended Table 2.7 Institutional Uses located on Big Pine Key (LCP) 42 4. Figure 2.1 Key deer location from telemetry, Habitat Conservation Plan for Florida Key 43 Deer and other Protected Species on Big Pine Key and No Name Key, Monroe County, 44 Florida (Habitat Conservation Plan (HCP)) 45 5. Figure 2.2 Lower Keys marsh rabbit habitat (HCP) 46 6. Figure 2.4 Six Grid Layers Used To Generate Weighting Factor Grid (HCP 47.... 7... BOCC Resolution Number.023-2012 48 8. Florida Department of Economic Opportunity ORC Report 11 6 7 ORDINANCE - 2012 9 10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 11 COMMISSIONERS AMENDING THE LIVABLE COMMUNIKEYS 12 PROGRAM MASTER PLAN FOR FUTURE DEVELOPMENT OF BIG 13 PINE KEY AND NO NAME KEY AMENDING THE TIER DESIGNATION 14 AS DIRECTED BY THE BOARD OF COUNTY COMMISSIONERS IN 15 RESOLUTION 562-2003, FOR PROPERTY OWNED BY SEACAMP, 16 HAVING REAL ESTATE NUMBERS 00112030-000000, 00246950-000000, 17 00246960-000000, 00246970-000000, 00246980-000000, 00246990-000000, 18 00247140-000000, 00247150-000000, 00247160-000000, 00247170-000000, AND 19 00247180-000000 FROM UNDESIGNATED AND TIER I TO TIER III ON 20 FIGURE 2.1 (TIER MAP FOR BIG PINE KEY AND NO NAME KEY), AND 21 AMENDING THE TIER DESIGNATION FOR THE SEACAMP 22 PROPERTY, AS LISTED IN TABLE 2.7, INSTITUTIONAL USES; 23 PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF 24 INCONSISTENT PROVISIONS; PROVIDING FOR THE TRANSMITTAL 25 TO THE STATE LAND PLANNING AGENCY; PROVIDING FOR THE 26 FILING WITH THE SECRETARY OF STATE AND FOR AN EFFECTIVE 27 DATE; AND PROVIDING FOR THE INCLUSION IN THE MONROE 28 COUNTY 2010 COMPREHENSIVE PLAN 29 30 31 WHEREAS, the Monroe County Development Review Committee considered the proposed 32 amendment at a regularly scheduled meeting held on the 276 day of September, 2011; and 33 34 WHEREAS, at a regularly scheduled meeting held on the I" day of December, 2011, the 35 Monroe County Planning Commission held a public hearing for the purpose of considering the 36 transmittal to the State Land Planning Agency, for review and comment, a proposed amendment 37 to the Monroe County Year 2010 Comprehensive Plan; and 38 39 WHEREAS, the Monroe County Planning Commission made the following findings: 40 41 1. Seacamp, a not -for -profit organization that provides marine education to children, 42 contacted Monroe County to notify County staff of a tier designation error for a portion of 43 the Seacamp property on Big Pine Key and requested a correction of the error. Seacamp's 44 property is located on approximately 12 acres of land located at the extreme southwest tip 45 of the island, at the end of Big Pine Avenue. 46 47 48 2. The Seacamp property consists of 13 real estate numbers: 00112030-000000, 00112040- 49 000000, 00246950-000000, 00246960-000000, 00246970-000000, 00246980-000000, 50 00246990-000000, 00247000-000000, 00247140-000000, 00247150-000000, 00247160- 51 000000, 00247170-000000, and 00247180-000000. Real estate number 00247000-000000 52 is currently designated Tier III and Real Estate Number 00112040-000000 is submerged 53 land. These two parcels are not part of this amendment. 54 55 3. Draft 1 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name 56 Key was reviewed at the May 20, 2003, Development Review Committee meeting. 57 58 4. Draft 2 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name 59 Key was reviewed at the June 11, 2003, Planning Commission meeting and at the July 9, 60 2003, Planning Commission meeting. 61 62 5. Draft 3 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name 63 Key was reviewed at the September 10, 2003, Planning Commission meeting. 64 65 6. Draft 4 of the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name 66 Key was reviewed at the December 17, 2003, Board of County Commissioners meeting. 67 68 7. Resolution 562-2003, attached hereto as Exhibit 1, approved Draft 4 of the Livable 69 CommuniKeys Master Plan for Big Pine Key and No Name Key and directed staff to 70 change the tier designation for all of the property known as Seacamp from Tier I to Tier III 71 on the map on Page 28. 72 73 8. The Board of County Commissioners passed Resolution 044-2004 on January 21, 2004, to 74 transmit the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name 75 Key as a proposed amendment to the 2010 Monroe County Comprehensive Plan to the 76 Department of Community Affairs which included the map as drawn incorrectly for 77 Seacamp, without the corrected designation for eleven (11) parcels. The Department of 78 Community Affairs issued an Objections, Recommendations and Comments (ORC) Report 79 to Monroe County on June 29, 2004. 80 81 9. The Board of County Commissioners passed Ordinance 029-2004 on August 14, 2004, to 82 adopt the Livable CommuniKeys Master Plan (LCP) for Big Pine Key and No Name Key 83 as an amendment to the 2010 Comprehensive Plan, address issues raised in the ORC 84 Report, and to submit the amendment to the Department of Community Affairs. The S5 adopted. -amendment included the incorrect map without the Tier III designation for the 86 eleven (11) parcels. 87 88 10 The amendment furthers the Principles for Guiding Development for the Florida Keys 89 Area of Critical State Concern. 90 91 WHEREAS, Monroe County Environmental Resources staff confirmed the accuracy of 92_ the County's.GIS habitat -layer for the vegetative communities located on the Seacamp parcels... 93 94 WHEREAS, at a special meeting held on 13th day of February, 2012, the Monroe County 95 Board of County Commissioners held a public hearing to consider the transmittal of the 96 proposed amendment. 97 98 WHEREAS, the proposed Comprehensive Plan amendment to revise Figure 2.1 and Table 99 2.7 was reviewed by the State Land Planning Agency which issued an Objections, 100 Recommendations, and Comments (ORC) Report on May 4, 2012 with no comments or issues 101 relative to this amendment. 102 103 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 104 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 105 106 Section 1. The Livable CommuniKeys Master Plan for Big Pine Key and No Name Key as 107 adopted by reference into the Monroe County 2010 Comprehensive Plan is 108 amended as follows: (Deletions are stfieken thfe and additions are 109 underlined.) 110 111 (1) Amending the Tier designations on Figure 2.1 for eleven (11) parcels having 112 real estate numbers 00112030-000000, 00246950-000000, 00246960- 113 000000, 00246970-000000, 00246980-000000, 00246990-000000, 114 00247140-000000, 00247150-000000, 00247160-000000, 00247170- 115 000000, and 00247180-000000 from undesignated and Tier I to Tier III as 116 shown on Exhibit 1 attached hereto and incorporated herein. 117 118 (2) Amending Table 2.7, Institutional Uses, of the Livable CommuniKeys 119 Master Plan for Big Pine Key and No Name Key, attached hereto as Exhibit 120 2, and incorporated herein. Text deletions are stricken through and additions 121 are underlined on Exhibit 2. All other words, characters, and language of the 122 Comprehensive Plan and the Livable CommuniKeys Master Plan for Big 123 Pine Key and No Name Key remain unchanged. 124 125 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or 126 provision of this ordinance is held invalid, the remainder of this ordinance shall 127 not be affected by such validity. 128 129 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 130 conflict with this ordinance are hereby repealed to the extent of said conflict. 131 132 Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to 133 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida 134 Statutes. 135 136 Section 5. Filing and Effective Date. This ordinance shall be filed in the Office of the 137 secretary of the State of Florida but shall not become effective until a notice is 138 issued by the State Land Planning Agency or Administration Commission 139 finding the amendmentincompliance_ with -Chapter 1.63, Florida. Statutes and 140 after any applicable appeal periods have expired. 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 Section 6. Inclusion in the Comprehensive Plan. The number of the foregoing amendment may be renumbered to conform to the numbering in the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key as adopted by reference into the Monroe County 2010 Comprehensive Plan and shall be incorporated in the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 21 st day of September, 2012. 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 (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK DEPUTY CLERK Mayor David Rice Mrppg"% COUNTY ATTORNEY OVED AS TO ORM Date: " -40Z 4 Monroe County- Tier OverlayDistrkt ' ti Monroe County T1ef Planning and Environmental Tier I - NaVve Arse O Tier 11- TranslWn and SprewlArea Resources Department Tier III - Infl11 Area Figure 2.1 Tier designations on Big Pine Key and No Name Key. (Ordinance 020-2009, § 1) �-� Exhibit 2 Livable CornarariniDy�s Master Plait for Big Praae� b;er atrrd .Mo Ma ate Dr Awgusc i+1�04 Maintain the riahihtv of existing community oigani- ations by prowding / % a► rede- velopment expansion. CuiTent Conditions Summary The LCMICP process sought to ensure that existing community ty organizations could remain vi- able and expand according to their needs within existing zoning limitations. Table 2.7 lists these organizations. Table 2.7 L2stiftdonal _ - rotated an Eft Pine Fes_ Lim's C1ab 108770 NA 1 Lower Keys Property Ommen 309070 Is 2 Moose Club 111070 SR 1 t I St Frmacis 110040 NA 1 Lmd off the seas 111074.069 NA 1 Big pine Baptea 111470 sa 3 Big Pine Medwilist 111450 SR 3 meysrd Cbristi n 111170 SA r Sr. Peter's 110400 SC 3 W i� 7 ID]orW GardensCematery 110830.0001 1 3 Big dine Xleigbbcdmod Cbaner Scbaol 111420.0023 SC 3 esitamp * ULL; 4-3 sorest bAam =e aad Em%=cnmxuLUk Raacra an nupwtmew * 11 Zdl - 0 00?�1 0 �"I-[A0 " 0 Q' 0 COU70 68 . u7io -0 a0a 0o2La71'1D-606 6, amd 00247130-0=DO All of these institutional uses have been existing for at least 24 years and no new uses are antici- pated at present_ A number of these institutions have expressed an interest in redevelopment of existing square footage or a limited expansion to better serty the needs of the present population. 3,aalysii of Communin Needs Plan for Future Community Organization bleeds The existing community organizations in the phamng area hmme been . Some have built their current land ownership to capacity while others have expressed a desire to expand. The•penn.i action under the-H+C will -all *-ffor a limited -amount of expansion -needs —For the remaining facilities there is a need to define the future potential for expansion and maintain flexibility so that future requests can be handled. Load Use and Red'emlopment Element 48 EXHIBIT 1 (SeacamP AuLlndmeut) RESOLUTION NUMBER "' -2003 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS UNIIKEyS MASTER PLAN FR APPROVING THE LIVABLE E KEY AS E POLICY DOCUMENT TO BIG PINE KEY AND NO NAM DIRECT GROWTH AND DEVELOPMENT OF BIG PINE KEY AND NO NAME KEY - policy 101.20.1 of the Year 2010 Comprehensive Plan directs Monroe County to develop a series with Community Master Pso which shall samearea; and ty including close coordination with other community plans WHEREAS, the Monroe County Year 2010 Comprehensive Plan Objective 101.20 mmuniKeys as a planning program which is to address community needs outlines the Livable Co while balancing the needs of all of Monroe County; and WHEREAS, Big Pine Key has had a moratorium on all traffic generating development of since March 13, 1995 due to an inadequate level of service (LOS) on the Big Pine segment 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 development mustres a min maze ampactsrtotthe: plan (HCp) to be completed to show Y endangered species before any further development may be permitted; and WHEREAS, on October 26,1998, the U.S. Fish and Wildlife Service (USFWS), Florid an Game and Fish Commission, the Florida Department of Community Affairs (FDAC), Florida Dep ent of Transportation and Monroe County entered into a Memorandum of Agreeme� t for the development of a Habitat Conservation Plan (HCP) for Big Pine and No Name Keys; anti WHEREAS, the HCP is a rdtothe mechanism whereby rvation of he Key Dee e concerns and responsibilities covee�c1 various public agencies with regard to s ecies, and public and private development of Big Pine and No Name Keys can be coordinated;. p and WHEREAS, both the HCP and the LCP have been of developmentthedeveloped community d conjunction with wan �e another to balance the amount and type accomplish tll�e subsequent level of `take' of endangered species which may be necessary to development; and Obtain an assessment of community needs, three put} Lc in order to o WHEREAS' s Program (LCP) were held on April 6, 2000; May 25 p workshops for the Livable CommuniKey Page 1 of 3 2000; and September 21 u, 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 held on the 17' day of December, 2003. 4 ,� i Mayor Murray Nelson yes,,x q Mayor Pro Tem David P. Rice yes m c-< Commissioner George Neugent yes C30.."` C:-Vci ry Commissioner Dixie Spehar yes x. `7 _:Commissioner Charles "Sonny' McCoy vp� �-"`'^ � L - t) D (SikAt) n Attest: Danny L. Yjolhage, Clerk or Depufy Clerk Page 3 of 3 BOARD OF COUNTY COMMISSIONERS OF MONK E COIJNTY, FL A By Mayor MONROE COUNTY ATTORNEY _VE T ORM:PAOFRO LFE ^TCHIEF S OTY ATTORN EY Date L CCW 'iva !> Communikeys Program r. • Pine Key and No Name Key Tier Overlay District 0 Monroe County - TWrOveriayDistIct e J � Monroe County Mar Planning and Environmental Tier I - Native Area \5 O Tier 11- Transition and SprawlArea Resources Department Tier III - InflO Area Figure 2.1 Tier designations on Big Pine Key and No Name Key. (Ordinance 020-2009, § 1) Exhibit 3 Livable CautntwjiEelvs Master Plait for Big, Pine Key nitd.No Narne Eej� Aunut-,10N, jfaintmn the wabih , of exisfing conanuni-h" oiganv 7W qns! by rovi&n•Wortun7ties w,- IiUdted rede- h P 9 vel0p7tient and expanvon. Current Coa(fidons Summary The LMHU process sought to ensure that e�dsting community organizations could remum vi- able and expand according to their needs within. ess t-mg zo=g limitations;. Table 2 3f lists these orsanizations- -U-3112D30-00LOW G0248-FO-MM. 0024g"MID0. .002AffnAgM 002449M000000, 002449"M% 00247 000-DOOOOO, 00247140-M00% CO2,471-;,"oogM_75524-116040DO91 00 '05�� jqj 0024713"00000 Plan for Future Commigut— QlZanization Needs The esistuig communit, oryan=ahons M the planning area have been ident&ed- Some have built their current land ownership to capacity -while others have expressed a desire, to expand - 'Me permitted actioll tmdex-IheHCP-wifl aflow fbr a hinr amount of expamion nte& Forthe rema='ng facilities there is a need to defme the fiature potential fbr ex-pansion and maiwaa' flexibility so that future request-4 can be handled. Land Use and Redevelopnient Dertient -os Figure 2.1. Key deer locations from telemetry data (Lopez 2001) 21 SIT 5 (SencamP Amendment) Figure 2.2. Lower Keys marsh rabbit habitat (Source: United States Fish and Wildlife Service). 24 • Deer density: Development in areas of low Key deer density would be less harmful to the Key deer than development in areas of high density. • Distance from US-1. Development near US-1 would be less harmful to the Key deer than development farther from US-1. • Water barriers. Development in areas with canals would be less harmful to the Key deer than development in areas without canals. Because more than one factor may affect the value of a given cell, the final cell value in the weighting factor grid was the average of the six parameters, where 0 represented the lowest value to the Key deer and 2 represented the highest value to the Key deer. Deer Corridors Deer Density House Density Water Barriers Distance from US 1 Patch Quality Figure 2.4. Six grid layers used to generate weighting factor grid (darker shades = higher value for the deer) Exhibit 7 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 00246950400000, 00246960400000, 00246970-000000, 00246980- 000000, 00246990-000000, 00247140-000000, 00247150-000000, 00247160-000000, 00247170 , 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 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 tem Kim Wigington Yes Commissioner Heather Carruthers Yes Commissioner George Neugent Yes Commissioner Sylvia Murphy Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor David Rice N .J rV '+l C70 L. KOLHAGE, CLERK - ru N 7 DEPUTY CLERK a% MON E COUNTY ATTORNEY A P OVEOAS TO F RM Date: ; Page 2 of 2 -n Rick Scott GOVERNOR Hunting F. Deutsch EXECUTIVE DIRECTOR FLORIDA DEPARTMENTf ECONOMIC OPPORTUNITY May 4, 2012 The Honorable David Rice Mayor, Monroe County Board of County Commission 9400 Overseas Hwy, #210 Marathon Airport Terminal Marathon, FL 33050 Dear Mayor Rice: 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. I port The attached Objections, Recommendations, and Comments Re 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 also providing two technical assistance comments consistent with Section 163.3168(3), F.S. The Agency's technical assistance comments will not form the basis of a challenge. They are offered as suggestions which can strengthen the Countys comprehensive plan in order to foster a I er vibrant, healthy community or are technical in nature and designed to ensure compliance with the provisions of Chapter 163, F.S. 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)1, F.S., provides that if the second public hearing is not held and 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 Opportunit The -Caldwell -Building 107 E- Madison Street Tallahassee, FL 32399-4120 866-FLA 2345 850.245.7105 850-921-3223 Fax www.FloridaJobs ora Mww.twittercom/FLI3!Q www,facebook.com/FLDEO An equal opportunity employer/progr-am. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711. Honorable David Rice May 4, 2012 Page 2 of 2 My staff and I are available to assist the County iin addressing the issues identified in our report. If you have any questions, please contact Rebecca Jetton, at (850) 717-8494, or by email at Rebecca. ietton@deo, myflorida. corn. Sincerely, L Mike McDaniel, Chief Bureau Of Community Planning M= Enclosures: Objections, Recommendations and Con-u-nents 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-Ca4dwell Building 107 E Madison Street aflahassee. FL 32399-4120 8MFLA 2345 850.245,7105 850.921.3223 Fax www-Floddajobs.Org LAww-t vitter.com/FLDE www facebook.com/FLDEO An equal Opportunity emPloyer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voici; telephone numbers on this document may be reached by Persons using TTY/TDD equipment via the Florida Relay Service at 711. STATE LAND PLANNING AGENCY PROPOSED AMENDMENT 12-2ACSC May 4, 2012 *BJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT FOR MONROE COUNTY PROPOSED COMPREHENSIVE PLAN AMENDMENT (DEO NO. 12-2ACSC) I Consistency with Chapter 163, Part If 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. I 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. Comment: To eliminate potential confusion, the Department recommends that Monroe County delete or revise -the Action Items which govern clearing limits in the Livable CommuniKeys Master Plans for Big Pine and Tavernier Creek to be consistent with the minimum and maximum clearing limits indicated in Policy 101.4.22. STATE COORDINATED REVIEW • COMMENTS A. Receipt of Comments from external Agencies B. Citizen comments From: Demes, Ron A CIV CNRSE, NO2 [ron.demes@navy. mill 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, ron -----Original Message ----- From: Hurley -Christine [Ma ilto: Hurley -Chri stine(&MMonroeCounty- FL. Gov] Sent: Monday, April 02, 2012 11:13 To: Demes, Ron A CIV CNRSE, NO2; rebecca.ietton@aDEO.myflorida.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.demes0navy.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: Hurl ey-Christine(@MonroeCounty-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; rebecca.jetton(@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.demes0navy.mil> wrote: Mr. Murley and Ms. 7etton: >> As the representative of Naval Air Station Key West acting on behalf of i >> 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 Akr 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 Florida Fish and Wildlife Conservation Commission Commissioners Kathy Barco Chairman Jacksonville Kenneth W. Wright Vice Chairman Winter Park Ronald M. Bergeron Fort Lauderdale April 6,2vL2 Mr. Ray Eubanks Department of Economic Opportunity Division of Community Development 107 East Madison Street, MSC- 160 Tallahassee, FL 323994120 depextem,Llnencvcomniiien-ts(i�)deo.i-nvflorida.com Re: Monroe County Year 2010 Comprehensive Plan Amendment, 12-2 Expedited State Review, Area of Critical State Concern, Monroe County Dear Mr. Eubanks: Florida Fish and Wildlife Conservation Commission (FWC) staff has reviewed the seven (7) 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 considered to be an Area ns . "Uesa" Priddy of Critical State Concern (ACSQ, which includes environmental or natural resources of regional mAllese mokaPlee 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. Yablonski provide input regarding fish and wildlife resources in the ACSC and as such, we believe the 'do Tallahassee proposed a . mendments not appear to adversely affect regional or statewide resources. Executive Stlff 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 ROGO/NROGO (Rate of Growth Ordinance/Non-residential Assistant Executive Director Rate of Growth Ordinance) for land dedication and also by assigning negative points to certain Karen Ventimiglia III Chief of Staff Tier parcels that contain submerged lands and/or wetlands requiring open space. These provisions should prove effective in reducing impacts to fish and wildlife resources in this area. Division of Habital We appreciate the opportunity to participate in the Tier Designation Review Committee e and look Species Conservat;*n forward to continuing this partnership. We also appreciate the opportunity to review the Eric Sutton, Director proposed amendments and would like to extend this offer 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 850-41.0-5367, or FWCConservationPlanningServicesLvMyFWC.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,.ShepherdC�-'�MFW�C.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-impaired: (800) 955-8771 (T) (800) 955-8770 (V) Sincerely, Bonita am, Program Administrator Office of Conservation Planning Services bg//bs ENV 2-3-3 Monroe County 12-'-ACSC_16011040612 MyFWC.com Mr. Ray Euba Page 2 April 6, 2012 cc: Mayte Santamaria Monroe County Planning and Environmental Resources santa riari,a-may!e@jijjpRKqecounty-fl uov Terry Manning South Florida Water Management District tmanning@sfwmd.gov Jim Quinn Florida Department of Environmental Protection jim.gLiinn CaAe .'state.fl.us Rachel M, Kalin South Florida Regional Planning Council rkalinksftc. com Wendy Evans, Administrative Assistant II Department of Agriculture and Consumer Services wend Y.evans@freshfromflori da.com South Florida Regional P ning lan Council I 10�Z SUBJECT: LOCAL GOVERNMENT COMPREHENSIVE PLAN PROPOSED AND ADOPTED AMENDMENT 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 irrigacts, �ursu Q9krP'-*M—Yfl 414Y- _q, 'I IT i ernment and Me State Land Planning Agency wn 30 calendar days •of receipt of the amendment. inu arnenurrienr is not required to be reviewed at transmittal,; N/ A: not applicable Recommendation Find the proposed and/or adopted plan amendments from the local governments of Monroe County, Southwest Ranches, Broward County, and Oakland Park generallv consistent with the Strategic 3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021 Broward (954) 985-4416, State (800) 985-4416 :AX (954) 985-4417, e-mail: sfadmin(U)sfroc.com. we �ALr-*,rnjft7,, Regional Polio Plan for South Florida. Approve this report for transmittal to the local governments with a copy to the State Land Planning Agency. Attachment 1 FLORIDA REGIONAL COUNCILS • ASSOCIATION LOCAL GOVERNMENT •� t South Florida Regional Planning Council Agenda Item and Date: II1.E; 4/2/12. Local Government Amendment Number: Monroe County proposed #12-2ACSC. Date Comments due to Local Government: 4/4/12. Date Mailed to Local Government and State Land Planning Agency: Prior to 4/4/12. Pursuant to Section 163.3184, Florida Statutes, Council review of amendments to Iocal 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. DESCRIPTION OF AMENDMENT 1. 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 clearing of upland native vegetation, as recommended in the 2008, 2009, and 2010 Administration Commission 30- Day Report to Monroe County and by the State Land Planning Agency. The text would define maximum square footage for permitted clearing Tier I,11, 111 and III -A lands. 2. Discourage Increases in Density and Intensity (Resolution 21-2012) 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 habitat of the County, implementing the Florida Keys Carrying Capacity Study and Rule 28-20.110 and 28-20.140 of the Florida Administration Code (F.A.C.). 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 intensity 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 III -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 III -A are Special Protection Areas. Currently protective criteria for wetlands are not addressed. 4. Tier Re -designation for Seacap Property (Resolution 23-2012) Revisions to the Livable CommuniKeys Master Plan for Big Pine and No blame 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 Iocated adjacent or contiguous to Tier I properties. This amendment would provide an additional layer of protection for wetlands, similar to County Amendment 4 (Resolution 22-2012). b. Mixed Use/Commercial Land Use Map Designation and Maritime Industry Zoning (Resolution 25- 2012) Revisions to Policies 101.4.5 and 101.4.21 would amend the Mixed Use/ (MC) future land use category description to allow Maritime Industries (MI) zoning in the MC category. Of 29 parcels currently zoned MI, 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 Iand 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 Counts 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 3-2 -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 text 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 tmannin9(&-sfwmd gov. Sincerely, Rod A. Braun Director Office of Intergovernmental Programs RBttm c: Christine Hurley, Monroe County Rebecca Jetton, DEO Rachel Kalin, SFRPC 3301 Gun Club Road, tiNes; Patin Beach. Florida 33406 • (561) 686-8800 • FL WA2`S I-800-432-2045 Mailing Address: P.O. Box 24680, West Patin Beach, FL 334164680 ® wwxv,sfwmd.go, �ScottFlorida Department f Rick Environmental Protection jrnnirer;;,,rrol! Marjory Stcnfrran Douglas Buildwig LL Governor 3900 Commonwealth, Boulevard Tallahassee, Florida 32399.3000 Hers.hei T. Vinyard, jr. S2W retary s M Mr. Ray Eubanks Plan Review Administrator`�\`,� Department of Economic Opportunity Bureau of Community Planning 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 Florida Department 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 ANANTH PRASAD, P.E. SECRETARY ,\,,AlZ 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. Is 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, Phil Steinmiller District Planning -Manager 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