Item S16BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:_ September 21, 2012 Division: Growth Mana ement
Bulk Item: Yes , No X 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 Policies 101.5.4 and 101.5.5 to revise the Permit Allocation Scoring Systems
(ROGO and NROGO) to assign negative points to Tier III parcels that contain submerged lands and/or wetlands
requiring 100% open space pursuant to Policies 102.1.1 and 204.2.1 and that are located adjacent to or
contiguous to Tier I properties.
ITEM BACKGROUND: Upland habitat is protected through the Tier System and the permit allocation system.
While the Tier System directs growth away from upland habitat to imfill areas, the criteria for the tier
designations do not include wetlands, as confirmed in the State of Florida, Department of Community Affairs
Final Order DCA07-GM-166A (DOAH Case No. 06-2449GM (in some instances, wetlands are included when it
is part of a larger ecosystem). The comprehensive plan includes other protective measures for wetland
communities, such as requiring 100% open space for certain wetland communities. While these protective
policies exist, property owners may not be aware of these policies and may believe that wetland lots designated
as Tier III are appropriate infill areas.
To provide additional protection to wetland communities and further direct growth to disturbed and scarified
areas, an amendment is proposed to the permit allocation scoring system to assign negative points to Tier III
parcels that contain submerged lands and/or wetlands requiring 100% open space pursuant to Policies 102.1.1
and 204.2.1 and that are located adjacent or contiguous to Tier I properties.
This amendment is not proposed to apply retroactively. This amendment would only apply to Tier III parcels
entering the permit allocation system after the effective date of the proposed policy.
On May 4, 2012, the State Land Planning Agency issued an Objections, Recommendations and Comment
(ORC) Report to Monroe County which identified no objections to the proposed amendment.
PREVIOUS RELEVANT BOCC ACTION: On February 13, 2012, the Monroe County BOCC approved
Resolution 024-2012 to transmit this proposed amendment to the State Land Planning Agency.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes No _
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: 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 #.
ORDINANCE NO. -2012
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING POLICIES 101.5.4 AND 101.5.5 TO REVISE
THE PERMIT ALLOCATION SCORING SYSTEMS (ROGO AND NROGO) TO
ASSIGN NEGATIVE POINTS TO TIER III PARCELS THAT CONTAIN
SUBMERGED LANDS AND/OR WETLANDS REQUIRING 100% OPEN SPACE
PURSUANT TO POLICIES 102.1.1 AND 204.2.1 AND THAT ARE LOCATED
ADJACENT TO OR CONTIGUOUS TO TIER I PROPERTIES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY; PROVIDING FOR THE FILING WITH THE
SECRETARY OF STATE AND FOR AN EFFECTIVE DATE; AND PROVIDING
FOR THE INCLUSION IN THE MONROE COUNTY 2010 COMPREHENSIVE
PLAN.
WHEREAS, upland habitat is protected through the Tier System and the permit
allocation system. While Tier System directs growth away from upland habitat to infill areas,
some wetlands are included when the wetland is part of a larger ecosystem; and
WHEREAS, wetland communities provide important storm protection, water quality
protection, and wildlife habitat functions; and
WHEREAS, to provide additional protection to wetland communities and further direct
growth to disturbed and scarified areas, an amendment is proposed to the permit allocation
scoring system to assign negative points to Tier III parcels that contain submerged lands and/or
wetlands requiring 100% open space pursuant to Policies 102.1.1 and 204.2.1 and that are
located adjacent or contiguous to Tier I properties; and
WHEREAS, the proposed amendment is intended to apply to Tier III parcels entering
the permit allocation system after the effective date of the proposed policy; and
WHEREAS, the Monroe County Development Review Committee considered the
proposed amendment at a regularly scheduled meeting held on the 17th day of October, 2011;
an.
WHEREAS, at a regularly scheduled meeting held on the 1st 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 of a proposed amendment to the Monroe
County Year 2010 Comprehensive Plan and recommended approval of the amendment;
WHEREAS, at a special meeting held on 13th day of February, 2012, the Monroe
County Board of County Commissioners held a public hearing to consider the transmittal of the
proposed amendment to the State Land Planning Agency; and
WHEREAS, on May 4, 2012, the State Land Planning Agency issued an Objections,
Recommendations and Comment (ORC) Report to Monroe County which did 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.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Monroe County 2010 Comprehensive Plan is amended as follows: (Deletions are
stfieken dffeagh and additions are underlined.)
Policy 101.5.4
Monroe County shall implement the residential Permit Allocation and Point System through its
land development regulations based primarily on the Tier system of land classification as set
forth under Goal 105. The points are intended to be applied cumulatively.
Tier Designation - Utilizing the Tier System for land classification in Policy 105.2.1, the
following points shall be assigned to allocation applications for proposed dwelling units
in a manner that encourages development of infill in predominately developed areas with
existing infrastructure and few sensitive environmental features and discourages
development in areas with environmentally sensitive upland habitat which must be
acquired or development rights retired for resource conservation and protection.
Point Assignment:
Criteria:
+0
Proposes a dwelling unit within areas designated Tier I [Natural
Area] on Big Pine Key and No Name Name Key.
+10
Proposes a dwelling unit within areas designated Tier I [Natural
Area] outside of Big Pine Key or No Name Key.
+10
Proposes development within areas designated Tier II [Transition
and Sprawl Reduction Area on Big Pine Key or No Name Key.]
+20
Proposes development within areas designated Tier III [Infill Area]
on Big Pine Key or No Name Key.
19
Proposes development within areas designated Tier III [Infill Area]
+20 outside of Big Pine Key or No Name Key that will result in the
clearing of upland native vegetation within a Special Protection
Area.
Proposes development within areas designated Tier III [Infill Area]
+30 outside of Big Pine Key or No Name Key that will not result in the
clearing of any upland native vegetation within a Special Protection
Area.
2. Big Pine and No Name Keys - The following negative points shall be cumulatively
assigned to allocation applications for proposed dwellings to implement the Big Pine Key
and No Name Key Habitat Conservation Plan and the Livable CommuniKeys
Community Master Plan.
Point Assignment.
Criteria:
-10
Proposes development on No Name Key.
-10
Proposes development in designated Lower Keys Marsh Rabbit
habitat or buffer areas as designated in the Community Master Plan.
-10
Proposes development in Key Deer Corridor as designated in the
Community Master Plan.
3. Wetlands — The following Roints shall be assigned to allocation a lications on Tier III
parcels that contain wetlands which require 100% open sace Rursuant to Policies 102.1.1
and 204.2.1 and that are located adjacent or contiguous to Tier I properties.
Point Assignment: I Criteria:
Tier III parcels adjacent or contiguous to Tier I properties and
containin 50% or less of the following:
1. submerged lands
-3 2. manUoves (excluding tidally inundated mangrove
shoreline fringes)
3. salt ponds
4. fresh water wetlands
5. fresh water ponds
6. undisturbed salt marsh and buttonwood wetlands
0
Notes
Tier III parcels adjacent or contiguous to Tier I properties and
containing more than 50% of the following_
1. submerged lands
-5 2. mangroves (excludingtidally dally inundated man ove
shoreline fringes)
3. salt ponds
4. fresh water wetlands
5, fresh water ponds
6. undisturbed salt marsh and buttonwood wetlands
Adiacent means land sharing a boundary with another parcel of land. An intervenin
road, right-of-way, or easement shall not destroy the adjacency of the two parcels
except for U.S. 1.
Contiggous means a sharing of a common border at more than a single point of
intersection. Contiguity is not interrupted by utility easements.
Subsection (3) applies to new applications for Tier III parcels entering the permit_ allocation
system after January 13 2013.
4--3-- Lot Aggregation — The following points shall be assigned to allocation applications to
encourage the voluntary reduction of density through aggregation of legally platted
buildable lots within Tier II and Tier III areas.
Point Assignment:
Criteria:
Each additional contiguous vacant, legally platted lot which is
+4
aggregated in a designated Tier III area outside of Big Pine Key and
No Name Key that meets the aforementioned requirements will earn
additional points as specified&
Each additional contiguous vacant, legally platted lot which is
+3
aggregated in a designated Tier II or III area on Big Pine Key and
No Name Key that meets the aforementioned requirements will earn
additional points asspecified.
*Exception:
No points for lot aggregation will be awarded for any proposed
development that involves the clearing of any upland native
vegetation in a Tier III Special Protection Area.
5. 4: Land Dedication — The following points shall be assigned to allocation applications to
encourage, the voluntary dedication of vacant, buildable land within Tier I designated
areas and Tier III Special Protection Areas for the purposes of conservation, resource
El I
protection, restoration or density reduction and, if located in Tier III outside of
Special Protection Areas, for the purpose of providing land for affordable housing
where appropriate.
Point Assignment:*
Criteria:
Proposes dedication to Monroe County of one vacant, legally platted
+4
lot of sufficient minimum lot size and upland area to be buildable.
Each additional vacant, legally platted lot that meets the
aforementioned requirements will earn points as specified.
Proposes dedication to Monroe County of a vacant, legally platted
lot of 5,000 square feet or more in size, designated as Residential
+1 for each 5,000 square
Low with a maximum net density within a Tier I area and containing
feet of lot size
sufficient upland area to be buildable. Each additional vacant,
legally platted lot that meets the aforementioned requirements will
earn points as specified.
Proposes dedication to Monroe County of one (1) vacant, legally
platted lot of at least 5,000 square feet in size within a Tier I area,
+0 5
designated as Residential Conservation, or Residential Low with no
maximum net density, containing sufficient upland to be buildable.
Each additional vacant, legally platted lot that meets the
aforementioned requirements will earn points as specified.
Proposes dedication to Monroe County of at least one (1) acre of
vacant, unplatted land located within a Tier 1 area containing
+4
sufficient upland to be buildable. Each additional one (1) acre of
vacant, unplatted land that meets the aforementioned requirements
will earn points as specified.
* Exception:
Applications for a dwelling unit on Big Pine Key and No Name Key
shall be awarded points for land dedication in accordance with
Action Item 3.2.2 C of the Livable CommuniKeys Master Plan for
Big Pine Key and No Name Key.
6. & Market Rate Housing in Employee or
points shall be assigned to allocation apf
employee or affordable housing project:
Affordable Housing Project- The following
lications for market rate housing units in an
9
Point Assignment.
Criteria:
Proposes a market rate housing unit which is part of an affordable or
+6
employee housing project; both affordable and employee housing
shall meet the policy guidelines for income in Policy 601.1.7 and
other requirements pursuant to the Land Development Regulations
7. & Special Flood Hazard Areas — The following points shall be assigned to allocation
applications for proposed dwelling unit(s) to provide a disincentive for locating within
certain coastal high flood hazard areas:
Point Assignment. Criteria:
-4 Proposes development within "V" zones on the FEMA flood
insurance rate maps.
8. 7 Central Wastewater System Availability — The following points shall be assigned to
allocation applications:
Point Assignment: I Criteria: j
Proposes development required to be connected to a central
+4 wastewater treatment system that meets the BAT/AWT treatment
standards established by Florida Legislature and Policy 901.1.1.
9. 8: Payment to the Land Acquisition Fund — Up to two (2) points shall be awarded for a
monetary payment by the applicant to the County's land acquisition fund for the purchase
of lands for conservation, and retirement of development rights. The monetary value of
each point shall be set annually by the County based upon the estimated average fair
market value of vacant, privately -owned, buildable IS/URM zoned, platted lots in Tier I.
10. 9: Perseverance Points — One (1) point shall be awarded for each year that the allocation
application remains in the allocation system up to a maximum accumulation of four (4)
points.
Policy 101.5.5
Monroe County shall implement the non-residential Permit Allocation and Point System through
its land development regulations based primarily on the Tier system of land classification
pursuant to Goal 105. The points are intended to be applied cumulatively.
1. Tier Designation — Utilizing the Tier System for land classification in Policy 105.2.1, the
following points shall be assigned to allocation applications for proposed non-residential
development in a manner that encourages development of infill in predominately
R
developed areas with existing infrastructure, commercial concentrations, and few
sensitive environmental features, and discourages development in areas with
environmentally sensitive upland habitat, which must be acquired or development rights
retired for resource conservation and protection:
Point Assignment.
Criteria:
Proposes non-residential development within an area designated
+0
Tier I [Natural Area], except for the expansion of lawfully
established non-residential development provided under "exception"
below.
Proposes non-residential development within an area designated
+10
Tier II [Transition and Sprawl Reduction Area on Big Pine Key and
No Name Key].
Proposes non-residential development that will result in the clearing
+10
of any upland native vegetation within a Special Protection Area in
Tier III.
+20
Proposes non-residential development within an area designated
Tier III [Infill Area].
*Exception:
Any lawfully established non-residential development shall be
assigned +20 points contingent upon no further clearing of upland
native habitat and no addition to and/or expansion of the existing lot
or parcel upon which the existing use is located.
2. WetIands — The following~points shall be assigned to allocation applications_ on Tier III
parcels that contain wetlands which require 100% open space pursuant to Policies 102 1 1
and 204.2.1 and that are located adiacent or contiguous to Tier I properties
Point Assignment. I Criteria:
Tier III parcels adjacent or contiguous to Tier I vroperties and
containing 50% or less of the following:
1. submerged lands
-3 2. manoves(excluding tidally inundated mangrove
shoreline fringes)
3. salt ponds
4. fresh water wetlands
5. fresh water ponds
6. undisturbed salt marsh and buttonwood wetlands
Tier III parcels adjacent or contiguous to Tier I properties and
-5 containiniz more than 50% of the following:
7
Notes:
2. mangroves(excluding tidally inundated mangrove
shoreline fringes)
3. salt ponds
4. fresh water wetlands
5. fresh water ponds
b. undisturbed salt marsh and buttonwood wetlands
Adjacent means land sharing a boundM with another Rarcel of land. An intervening
road right-of-way, or easement shall not destroy the adjacency of the two Rarcels,
except for U.S. 1.
Continuous means a sharing of a common border at more than a single point of
intersection. Contiguity is not interrupted by utility easements.
Subsection 2 applies to new apRlications for Tier III -parcels entering the pennit allocation
system after January 13, 2413.
3. -2-.-Intensity Reduction - The following points shall be assigned to allocation applications
to encourage the voluntary reduction of intensity:
Point Assignment:
Criteria:
+4
An application proposes development that reduces the permitted
floor area ratio (FAR) to twenty three percent (23%) or less.
4. 3- Land Dedication - The following points shall be assigned to allocation applications to
encourage, the voluntary dedication of vacant, buildable land within Tier I and Tier II
(Big Pine Key and No Name Key) designated areas and Tier III Special Protection Areas
for the purposes of conservation, resource protection, restoration or density reduction
and, if located in Tier III outside of Special Protection Areas, for the purpose of
providing land for affordable housing where appropriate.
Point Assignment. *
Criteria:*
Proposes dedication to Monroe County of one (1) vacant, legally
platted lot of sufficient minimum lot size and upland area to be
+4
buildable. Each additional vacant, legally platted, buildable lot
which is dedicated that meets the aforementioned requirements will
earn the additional points asspecified.
M
Proposes dedication to Monroe County of a vacant legally platted lot
of five thousand (5,000) square feet or more in size, designated as
+1 for each 5,000 square Residential Low with maximum net density within a Tier I area and
feet of lot size containing sufficient upland to be buildable. Each additional vacant,
legally platted lot, that meets the aforementioned requirements will
earn points as specified.
Proposes dedication to Monroe County of one (1) vacant, legally
platted lot of Eve thousand (5,000) square feet or more within a Tier
+0 5 I area designated as Residential Conservation, or Residential Low
with no maximum net density, containing sufficient upland to be
buildable. Each additional vacant, legally platted lot that meets the
aforementioned requirements will earn points as specified.
Proposes dedication to Monroe County of at least one (1) acre of
vacant, unplatted land located within a Tier I area containing
+4 sufficient upland to be buildable. Each additional one (1) acre of
vacant, unplatted land that meets the aforementioned requirements
will earn the points as specified.
5. 4. Special Flood Hazard Area - The following points shall be assigned to allocation
applications to discourage development within high risk special flood hazard zones:
Point Assignment. I Criteria:
-4 Proposes development within "V" zones on the FEMA flood
insurance rate maps.
6. 5-.-Perseverance Points - One (1) or two (2) points shall be awarded for each year that the
allocation application remains in the system.
7. 6.- Highway Access - The following points shall be assigned to allocation applications to
encourage connections between commercial uses and reduction of the need for trips and
access onto U.S. Highway 1:
Point Assignment: I Criteria:
+3 The development eliminates an existing driveway or access -way to
U.S. Highway 1.
+2 The development provides no new driveway or access -way to U.S.
Highway 1.
I
8. � Landscaping and Water Conservation - The following points shall be assigned to
allocation applications to encourage the planting of native vegetation and promote water
conservation:
Point Assignment:
Criteria:
The project provides a total of two hundred percent (200%) of the
+3
number of native landscape plants on its property than the number of
native landscape plants required by this chapter within landscaped
bufferyards and parking areas.
Twenty-five percent (25%) of the native plants provided to achieve
+i
the three (3) point award above or provided to meet the landscaped
bufferyard and parking area requirements of this chapter are listed as
threatened or endangered plants native to the Florida Keys.
Project landscaping is designed for water conservation such as use
of one hundred percent (100%) native plants for vegetation,
+2
collection and direction of rainfall to landscaped areas, or the
application of re -used wastewater or treated seawater for watering
landscape plants.
9. S-. Central Wastewater System Availability — The following points shall be assigned to
allocation applications:
Point Assignment: I Criteria:
Proposes development required to be connected to a central
+4 wastewater treatment system that meets the BATIAWT treatment
standards established by Florida Legislature and Policy 901.1.1.
10. % Employee Housing — The following points, up to a maximum of four (4), shall be
assigned to allocation applications for employee housing units:
Point Assignment. I Criteria:
+2 IProposes an employee housing unit which is located on a parcel with
a non-residential use.
11. Payment to the Land Acquisition Fund — Up to two (2) points shall be awarded for
a monetary payment by the applicant to the County's land acquisition fund for the
purchase of lands for conservation, and retirement of development rights. The monetary
value of each point shall be set annually by the County based upon the estimated average
fair market value of vacant, privately -owned, buildable IS/URM zoned, platted lots in
Tier I.
10
Section 2. Severability. if any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this ordinance shall
not be affected by such validity.
Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
Section 4. Transmittal. This ordinance shall be transmitted by the Director of Planning to
the State Land Planning Agency pursuant to Chapter 163 and 380, Florida
Statutes.
Section 5. Filiniz and Effective Date. This ordinance shall be filed in the Office of the
Secretary of the State of Florida but shall not become effective until a notice is
issued by the State Land Planning Agency or Administration Commission finding
the amendment in compliance with Chapter 163, Florida Statutes and after any
applicable appeal periods have expired.
Section 6. Inclusion in the Comprehensive Plan. The numbering of the foregoing
amendment may be renumbered to conform to the numbering in the Monroe
County Year 2010 Comprehensive Plan and shall be incorporated in the Monroe
County Year 2010 Comprehensive Plan.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of , 2012.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Mayor David Rice
Mayor pro tem Kim Wigington
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Heather Carruthers
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
:l
Mayor David Rice
11
1 'll
2
3
4
MEMORANDUM
5 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
6
We strive to be caring, professional and fair
7
8 To: Monroe County Board of County Commissioners
9
10 Through: Christine Hurley, AICP, Director of Growth Management
11
12 From: Mayt6 Santamaria, Assistant Director of Planning
13
14 Date: August 20, 2012
15
16 Subject: Request for an amendment to the Monroe County 2010 Comprehensive Plan to
17 address wetlands parcels within the allocation point system.
18
19 Meeting: September 21, 2012
20
21
22 I. REQUEST
23
24 This is a request by Monroe County to amend Policies 101.5.4 and 101.5.5 to revise the permit
25 allocation scoring systems to assign negative points to Tier III parcels that contain submerged lands
26 and/or wetlands requiring 100% open space pursuant to Policies 102.1.1 and 204.2.1 and that are
27 located adjacent or contiguous to Tier I properties.
28
29 II. BACKGROUND INFORMATION
30
31 Upland habitat is protected through the Tier System and the permit allocation system. Under the
32 Tier System, all lands, outside of mainland Monroe County, are designated into three general
33 categories for purposes of land acquisition and smart growth initiatives. These three categories are
34 Tier I (Natural Area); Tier II (Transition and Sprawl Reduction Area on Big Pine Key and No Name
35 Key only); and Tier III (Infill Area, which includes Tier III -A, Special Protection Area).
36
37 While Tier System directs growth away from upland habitat to infill areas, the criteria for the tier
38 designations do not include wetlands, as confirmed in the State of Florida, Department of
39 Community Affairs Final Order DCA07-GM-166A (DOAH Case No. 06-2449GM (in some
40 instances, wetlands are included when it is part of a larger ecosystem). The comprehensive plan has
41 other protective measures for wetland communities, such as requiring 100% open space for certain
42 wetland communities. While these protective policies exist, property owners may not be aware of
43 these policies and may believe that wetland lots designated as Tier III are appropriate infill areas.
44
45 This amendment is proposed to provide an additional layer of protection for wetlands.
46
1 Wetland communities provide important storm protection, water quality protection, and wildlife
2 habitat functions. In particular, the following wetland communities:
3 • mangrove forests along the shorelines of the Keys;
4 • transitional wetlands (salt marsh and buttonwood wetlands) lying landward of the mangrove
5 fringe and oceanward of upland communities;
6 • salt ponds occupying shallow enclosed basins having very restricted tidal influence;
7 • freshwater wetlands and freshwater ponds in areas of freshwater lenses in the Lower Keys.
9 To provide additional protection to wetland communities and further direct growth to disturbed and
10 scarified areas, an amendment is proposed to the permit allocation scoring system to assign negative
11 points to Tier III parcels that contain submerged lands and/or wetlands requiring 100% open space
12 pursuant to Policies 102.1.1 and 204.2.1 and that are located adjacent or contiguous to Tier I
13 properties.
14
15 This amendment is not proposed to apply retroactively. This amendment would only apply to Tier
16 III parcels entering the permit allocation system after the effective date of the proposed policy.
17
18 Summary of County Actions:
19
20 For additional public participation and feedback, this proposed amendment was discussed and
21 reviewed by the Tier Designation Review Committee (TDRC) on August 25, 2011. TDRC members
22 provided comments and revisions, which were incorporated into the proposed amendment.
23
24 During the October 17'h Development Review Committee meeting, a suggestion was made to
25 provide a threshold of the amount of wetlands required on a parcel for the proposed policy to be
26 triggered. Revisions have been made to the proposed policy to provide less negative points (-3) if a
27 Tier III parcel, adjacent or contiguous to Tier I properties, contains 50% or less wetlands and more
28 negative points (-5) if the a Tier III parcel, adjacent or contiguous to Tier I properties, contains 50%
29 or more wetlands.
30
31 The Monroe County Planning Commission held a public hearing on December 1, 2011, to consider
32 the transmittal of this proposed amendment to the Monroe County Year 2010 Comprehensive Plan to
33 the State Land Planning Agency and recommended approval of the amendment.
34
35 The Monroe County Board of County Commissioners (BOCC) held a public hearing, at a special
36 meeting held on February 13, 2012, to consider the transmittal of the proposed amendment to the
37 State Land Planning Agency and recommended approval of the amendment. The Monroe County
38 BOCC approved Resolution 024-2012 to transmit this proposed amendment to the State Land
39 Planning Agency.
40
41 On May 4, 2012, the State Land Planning Agency issued an Objections, Recommendations and
42 Comment (ORC) Report to Monroe County which did not identify any objections, or comments
43 related to important state resources and facilities that will be adversely impacted by the amendment,
44 if it is adopted. As such, no changes have been made to the proposed amendment to address the
45 ORC report.
46
i Note, a revision has been proposed by staff to the definition of "adjacent" to remove canal and make
2 the definition consistent with a recent land development code revision (Ordinance 016-2011).
3 Additionally, as stated above, amendment is not proposed to apply retroactively, as such a date has
4 been added to initiate the application of this new point assisgnment.
5
6 III. PROPOSED AMENDMENTS
7
8 Policy 101.5.4
9 Monroe County shall implement the residential Permit Allocation and Point System through its land
10 development regulations based primarily on the Tier system of land classification as set forth under
11 Goal 105. The points are intended to be applied cumulatively.
12 1. Tier Designation - Utilizing the Tier System for land classification in Policy 105.2.1, the
13 following points shall be assigned to allocation applications for proposed dwelling units in a
14 manner that encourages development of infill in predominately developed areas with existing
15 infrastructure and few sensitive environmental features and discourages development in areas
16 with environmentally sensitive upland habitat which must be acquired or development rights
17 retired for resource conservation and protection.
18
Point Assignment:
Criteria:
+0
Proposes a dwelling unit within areas designated Tier I [Natural
Area] on Big Pine Key and No Name Name Key.
+10
Proposes a dwelling unit within areas designated Tier I [Natural
Area] outside of Big Pine Key or No Name Key.
+10
Proposes development within areas designated Tier II [Transition
and Sprawl Reduction Area on Big Pine Key or No Name Key.]
+20
Proposes development within areas designated Tier III [Will Area]
on Big Pine Key or No Name Key.
Proposes development within areas designated Tier III [Infill Area]
+20
outside of Big Pine Key or No Name Key that will result in the
clearing of upland native vegetation within a Special Protection
Area.
Proposes development within areas designated Tier III [Infill Area]
+30
outside of Big Pine Key or No Name Key that will not result in the
clearing of any upland native vegetation within a Special Protection
Area.
19
20 2. Big Pine and No Name Keys - The following negative points shall be cumulatively assigned to
21 allocation applications for proposed dwellings to implement the Big Pine Key and No Name Key
22 Habitat Conservation Plan and the Livable CommuniKeys Community Master Plan.
Point Assignment.
Criteria:
-10
Proposes development on No Name Key.
-10
Proposes development in designated Lower Keys Marsh Rabbit
habitat or buffer areas as designated in the Community Master Plan.
-10
Proposes development in Key Deer Corridor as designated in the
Community Master Plan.
3 3. Wetlands — The following_ points shall be assigned to allocation a,Rnlications on Tier III parcels
4 that contain wetlands which require 100% open space pursuant to Policies 102.1.1 and 204.2.1
5 and that are located adjacent or contiguous to Tier I properties.
Point Assignment.
Criteria:
Tier III parcels adjacent or contiguous to Tier I properties and
containing 5�or less of the fallowing_
1. submerged lands
-3
2, mangroves (excluding_ tidally inundated mangrove
shoreline fringes)
3. salt Ronds
4. fresh water wetlands
5. fresh water ponds
6. undisturbed salt marsh and buttonwood wetlands
Tier III parcels adjacent or contiguous to Tier I properties and
containing more than 50% of the following_
1. submerged lands
-5
2. man oves(excluding tidally inundated man&Eove
shoreline fringes)
3. salt ponds
4. fresh water wetlands
5. fresh water ponds
6. undisturbed salt marsh and buttonwood wetlands
Notes:
Adjacent means land sharing _a boundary with another parcel of land. An intervening
road, right-of-way, or easement e��_shall not destroy the adjacency of the two
parcels, except for U.S. 1.
Contiguous means a sharing of a common border at more than a single point of
intersection. Contiguity is not interrupted by utility easements.
Subs cti�an_. . waa ➢ as a as a . hcaaliow; for Tier III 1L4rc i:s a riteriaa.
s k stem asfter.Jaiivaary 13, 20 1
2 4. -r. Lot Aggregation — The following points shall be assigned to allocation applications to
3 encourage the voluntary reduction of density through aggregation of legally platted buildable lots
4 within Tier II and Tier III areas.
5
Paint Assignment.
Criteria:
Each additional contiguous vacant, legally platted lot which is
+4
aggregated in a designated Tier III area outside of Big Pine Key and
No Name Key that meets the aforementioned requirements will earn
additional points as specified&
Each additional contiguous vacant, legally platted lot which is
+3
aggregated in a designated Tier II or III area on Big Pine Key and
No Name Key that meets the aforementioned requirements will earn
additional points as specified.
*Exception:
No points for lot aggregation will be awarded for any proposed
development that involves the clearing of any upland native
vegetation in a Tier III Special Protection Area.
6
7 5. 4 Land Dedication — The following points shall be assigned to allocation applications to
8 encourage, the voluntary dedication of vacant, buildable land within Tier I designated areas and
9 Tier III Special Protection Areas for the purposes of conservation, resource protection,
10 restoration or density reduction and, if located in Tier III outside of Special Protection Areas, for
11 the purpose of providing land for affordable housing where appropriate.
12
Point Assignment.* I Criteria: *
Proposes dedication to Monroe County of one vacant, legally platted
+4 lot of sufficient minimum lot size and upland area to be buildable.
Each additional vacant, legally platted lot that meets the
aforementioned requirements will earn points as specified.
Proposes dedication to Monroe County of a vacant, legally platted
lot of 5,000 square feet or more in size, designated as Residential
+1 for each 5,000 square Low with a maximum net density within a Tier I area and containing
feet of lot size sufficient upland area to be buildable. Each additional vacant,
legally platted lot that meets the aforementioned requirements will
earn points as specified.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Proposes dedication to Monroe County of one (1) vacant, legally
platted lot of at least 5,000 square feet in size within a Tier I area,
+0 5
designated as Residential Conservation, or Residential Low with no
maximum net density, containing sufficient upland to be buildable.
Each additional vacant, legally platted lot that meets the
aforementioned requirements will earn points as specified.
Proposes dedication to Monroe County of at least one (1) acre of
vacant, unplatted land located within a Tier I area containing
+4
sufficient upland to be buildable. Each additional one (1) acre of
vacant, unplatted land that meets the aforementioned requirements
will earn points as specified.
* Exception:
Applications for a dwelling unit on Big Pine Key and No Name Key
shall be awarded points for land dedication in accordance with
Action Item 3.2.2 C of the Livable CommuniKeys Master Plan for
Big Pine Key and No Name Key.
6. &. Market Rate Housing in Employee or Affordable Housing Project- The following points
shall be assigned to allocation applications for market rate housing units in an employee or
affordable housing project:
Point Assignment.
Criteria:
Proposes a market rate housing unit which is part of an affordable or
+6
employee housing project; both affordable and employee housing
shall meet the policy guidelines for income in Policy 601.1.7 and
other requirements pursuant to the Land Development Regulations
7. & Special Flood Hazard Areas — The following points shall be assigned to allocation
applications for proposed dwelling unit(s) to provide a disincentive for locating within certain
coastal high flood hazard areas:
Point Assignment:
Criteria:
4
Proposes development within "V" zones on the FEMA flood
insurance rate maps.
8. � Central Wastewater System Availability — The following points shall be assigned to
allocation applications:
Point Assignment. f Criteria:
Proposes development required to be connected to a central
+4 wastewater treatment system that meets the BAT/AWT treatment
standards established by Florida Legislature and Policy 901.1.1.
2 9. & Payment to the Land Acquisition Fund — Up to two (2) points shall be awarded for a
3 monetary payment by the applicant to the County's land acquisition fund for the purchase of
4 lands for conservation, and retirement of development rights. The monetary value of each point
5 shall be set annually by the County based upon the estimated average fair market value of
6 vacant, privately -owned, buildable IS/URM zoned, platted lots in Tier I.
7
8 10. 9: Perseverance Points — One (1) point shall be awarded for each year that the allocation
9 application remains in the allocation system up to a maximum accumulation of four (4) points.
10
11
12 Policy 101.5.5
13 Monroe County shall implement the non-residential Permit Allocation and Point System through its land
14 development regulations based primarily on the Tier system of land classification pursuant to Goal 105.
15 The points are intended to be applied cumulatively.
16
17 1. Tier Designation — Utilizing the Tier System for land classification in Policy 105.2.1, the
18 following points shall be assigned to allocation applications for proposed non-residential
19 development in a manner that encourages development of inf'ill in predominately developed
20 areas with existing infrastructure, commercial concentrations, and few sensitive environmental
21 features, and discourages development in areas with environmentally sensitive upland habitat,
22 which must be acquired or development rights retired for resource conservation and protection:
23
Point Assignment:
Criteria:
Proposes non-residential development within an area designated
+0
Tier I [Natural Area], except for the expansion of lawfully
established non-residential development provided under "exception"
below.
Proposes non-residential development within an area designated
+10
Tier II [Transition and Sprawl Reduction Area on Big Pine Key and
No Name Key].
Proposes non-residential development that will result in the clearing
+10
of any upland native vegetation within a Special Protection Area in
Tier III.
+20
Proposes non-residential development within an area designated
Tier III [Infill Area].
*Exception:
Any lawfully established non-residential development shall be
assigned +20 points contingent upon no further clearing of upland
native habitat and no addition to and/or expansion of the existing lot
or parcel upon which the existing use is located.
1
2 2. Wetlands — The following points shall be assigned to allocation a1212lications on Tier III parcels
3 that contain wetlands which require 100% open space pursuant to Policies 102.1.1 and 204.2 1
a and that are located adjacent or contiguous to Tier I properties.
5
Point Assi nment.
Criteria:
Tier III parcels adjacent or conti ous to Tier I properties and
containing 50% or less of the following:
1. submerged lands
-3
2. man_ oves (excluding_ tidally inundated mangrove
shoreline fringes)
3. salt ponds
4. fresh water wetlands
5. fresh water ponds
6. undisturbed salt marsh and buttonwood wetlands
Tier III parcels adjacent or contiguous to Tier I Properties and
containing more than 50% of the following:
1. submerged lands
22. mangroves (excluding tidally inundated mangrove
-5
shoreline fringes)
3. salt ponds
4. fresh water wetlands
5. fresh water ponds
6. undisturbed salt marsh and buttonwood wetlands
Notes:
Adiacent means land sharing a boundary with another parcel of land. An intervening
road right-of-way, oil easement shall not destroy the adjacency of the two
parcels, except for U.S. 1.
Contiguous means a sharing of a common border at more than a single point of
intersection. Conti city is not interrupted by utility easements.
Subsection-LIaM. Jyes :o gew pp � c 4 :err l.1i arcels ciateriijgi.lie: V d c °
6
7 3. 2.—Intensity Reduction - The following points shall be assigned to allocation applications to
8 encourage the voluntary reduction of intensity:
9
Point Assignment. I Criteria: f
+4 An application proposes development that reduces the permitted
floor area ratio (FAR) to twenty three percent (23 %) or less.
2 4. 3` Land Dedication - The following points shall be assigned to allocation applications to
3 encourage, the voluntary dedication of vacant, buildable land within Tier I and Tier II (Big Pine
4 Key and No Name Key) designated areas and Tier III Special Protection Areas for the purposes
5 of conservation, resource protection, restoration or density reduction and, if located in Tier III
6 outside of Special Protection Areas, for the purpose of providing land for affordable housing
7 where appropriate.
8
Point Assignment. *
Criteria: *
Proposes dedication to Monroe County of one (1) vacant, legally
platted lot of sufficient minimum lot size and upland area to be
+4
buildable. Each additional vacant, legally platted, buildable lot
which is dedicated that meets the aforementioned requirements will
earn the additional points asspecified.
Proposes dedication to Monroe County of a vacant legally platted lot
of five thousand (5,000) square feet or more in size, designated as
+1 for each 5,000 square
Residential Low with maximum net density within a Tier I area and
feet of lot size
containing sufficient upland to be buildable. Each additional vacant,
legally platted lot, that meets the aforementioned requirements will
earn points as specified.
Proposes dedication to Monroe County of one (1) vacant, legally
platted lot of five thousand (5,000) square feet or more within a Tier
+0 5
I area designated as Residential Conservation, or Residential Low
with no maximum net density, containing sufficient upland to be
buildable. Each additional vacant, legally platted lot that meets the
aforementioned requirements will earn points as specified.
Proposes dedication to Monroe County of at least one (1) acre of
vacant, unplatted land located within a Tier I area containing
+4
sufficient upland to be buildable. Each additional one (1) acre of
vacant, unplatted land that meets the aforementioned requirements
will earn the points as specified.
pi
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
M
5.4. Special Flood Hazard Area - The following points shall be assigned to allocation applications
to discourage development within high risk special flood hazard zones:
Point Assignment: Criteria:
-4 Proposes development within "V" zones on the FEMA flood
insurance rate maps.
6. &-Perseverance Points - One (1) or two (2) points shall be awarded for each year that the
allocation application remains in the system.
7. & Highway Access - The following points shall be assigned to allocation applications to
encourage connections between commercial uses and reduction of the need for trips and access
onto U.S. Highway 1:
Point Assignment: I Criteria:
+3 I The development eliminates an existing driveway or access -way to
U.S. Highway 1.
+2 The development provides no new driveway or access -way to U.S.
Highway 1.
8. Landscaping and Water Conservation - The following points shall be assigned to allocation
applications to encourage the planting of native vegetation and promote water conservation:
Point Assignment:
Criteria:
The project provides a total of two hundred percent (200%) of the
+3
number of native landscape plants on its property than the number of
native landscape plants required by this chapter within landscaped
bufferyards and parking areas.
Twenty-five percent (25%) of the native plants provided to achieve
+1
the three (3) point award above or provided to meet the landscaped
bufferyard and parking area requirements of this chapter are listed as
threatened or endangered plants native to the Florida Keys.
Project landscaping is designed for water conservation such as use
of one hundred percent (100%) native plants for vegetation,
+2
collection and direction of rainfall to landscaped areas, or the
application of re -used wastewater or treated seawater for watering
landscape plants.
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
9. & Central Wastewater System Availability — The following points shall be assigned to
allocation applications:
Point Assignment: I Criteria:
Proposes development required to be connected to a central
+4 wastewater treatment system that meets the BAT/AWT treatment
standards established by Florida Legislature and Policy 901.1.1.
10. % Employee Housing — The following points, up to a maximum of four (4), shall be assigned to
allocation applications for employee housing units:
Point Assignment: I Criteria:
+2 Proposes an employee housing unit which is located on a parcel with
a non-residential use.
11. 40r-Payment to the Land Acquisition Fund — Up to two (2) points shall be awarded for a
monetary payment by the applicant to the County's land acquisition fund for the purchase of
lands for conservation, and retirement of development rights. The monetary value of each point
shall be set annually by the County based upon the estimated average fair market value of
vacant, privately -owned, buildable IS/URM zoned, platted lots in Tier I.
IV. CONSISTENCY WITH THE MONROE COUNTY YEAR 2010 COMPREHENSIVE
PLAN, THE FLORIDA STATUTES, AND PRINCIPLES FOR GUIDING
DEVELOPMENT
A. The proposed amendment is consistent with the following Goals, Objectives and Policies of
the Monroe County Year 2010 Comprehensive Plan. Specifically, the amendment furthers:
Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure
the safety of County residents and visitors, and protect valuable natural resources.
GOAL 102: Monroe County shall direct future growth to lands which are intrinsically most
suitable for development and shall encourage conservation and protection of environmentally
sensitive lands.
Objective 102.1: Upon adoption of the Comprehensive Plan, Monroe County shall require
new development to comply with environmental standards and environmental design criteria
which will protect disturbed wetlands, native upland vegetation and beach/berm areas.
Policy 102.1.1: The County shall protect submerged lands and wetlands. The open space
requirement shall be one hundred (100) percent of the following types of wetlands:
1. submerged lands 2. mangroves 3. salt ponds 4. fresh water wetlands
5. fresh water ponds 6. undisturbed salt marsh and buttonwood wetlands
Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and
undisturbed salt marsh and buttonwood wetlands only for use as transferable development
rights away from these habitats. Submerged lands, salt ponds, freshwater ponds, and
mangroves shall not be assigned any density or intensity.
Objective 102.2: Upon adoption of the Comprehensive Plan, Monroe County shall adopt
revisions to the Environmental Standards (Section 9.5-335) and Environmental Design
Criteria (Section 9.5-345) of the Land Development Regulations. These revisions will require
new development to further protect disturbed wetlands, native upland vegetation and
beach/berm areas.
GOAL 204: The health and integrity of Monroe County's marine and freshwater wetlands
shall be protected and, where possible, enhanced.
Objective 204.2: Monroe County shall eliminate the loss of undisturbed wetlands and shall
eliminate the net loss of disturbed wetlands.
Policy 204.2.1: To protect submerged lands and wetlands the open space shall be 100 percent
of the following types of wetlands:
1. submerged lands;
2. mangroves;
3. salt ponds;
4. freshwater wetlands;
5. freshwater ponds; and
6. undisturbed saltmarsh and buttonwood wetlands.
Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and
undisturbed salt marsh and buttonwood wetland only for use as transferable development
rights away from these habitats. Submerged lands, salt ponds, freshwater ponds and
mangroves shall not be assigned any density or intensity.
Objective 205.2: To implement Goal 105 of this Plan and the recommendations in the Florida
Keys Carrying Capacity Study (FKCCS), Monroe County shall adopt revisions to the Land
Development Regulations which further protect and provide for restoration of the habitat
values of upland native vegetated communities, including hardwood hammocks and
pinelands.
Goal 207: Monroe County shall protect and conserve existing wildlife and wildlife habitats.
Policy 207.1.3: The Open Space Requirement for undisturbed salt marsh and buttonwood
wetlands shall be one hundred (100) percent.
B. The amendment is consistent with the Principles for Guiding Development for the Florida
Keys Area, Section 380.0552(7), Florida Statute.
For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
with the principles for guiding development and any amendments to the principles, the principles
shall be construed as a whole and no specific provision shall be construed or applied in isolation
from the other provisions.
(a) Strengthening local government capabilities for managing land use and development so that
local government is able to achieve these objectives without continuing the area of critical
state concern designation.
(b) Protecting shoreline and marine resources, including mangroves, coral reef formations,
seagrass beds, wetlands, fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
beaches, wildlife, and their habitat.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
economic development.
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida
Keys.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
environment, and ensuring that development is compatible with the unique historic character
of the Florida Keys.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
proposed major public investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection, treatment, and disposal facilities;
3. Solid waste treatment, collection, and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly owned
properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate.
(i) Protecting and improving water quality by providing for the construction, operation,
maintenance, and replacement of stormwater management facilities; central sewage
collection; treatment and disposal facilities; and the installation and proper operation and
maintenance of onsite sewage treatment and disposal systems.
(j) Ensuring the improvement of nearshore water quality by requiring the construction and
operation of wastewater management facilities that meet the requirements of ss.
381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
central wastewater treatment facilities through permit allocation systems.
1 (k) Limiting the adverse impacts of public investments on the environmental resources of the
2 Florida Keys.
3 (1) Making available adequate affordable housing for all sectors of the population of the Florida
4 Keys.
5 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of
6 a natural or manmade disaster and for a postdisaster reconstruction plan.
7 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
8 maintaining the Florida Keys as a unique Florida resource.
9
10 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the
11 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
12
13 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
14 (F.S.). Specifically, the amendment furthers:
15
16 163.3177(6)(a)3.f., F.S. - Ensure the protection of natural and historic resources.
17
163.3177(6)(d), F.S. - A conservation element for the conservation, use, and protection of
18
natural resources in the area, including air, water, water recharge areas, wetlands, waterwells,
19
estuarine marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors, forests,
20
fisheries and wildlife, marine habitat, minerals, and other natural and environmental
21
resources, including factors that affect energy conservation.
22
1. The following natural resources, where present within the local government's boundaries,
23
shall be identified and analyzed and existing recreational or conservation uses, known
24
pollution problems, including hazardous wastes, and the potential for conservation,
25
recreation, use, or protection shall also be identified:
26
a. Rivers, bays, lakes, wetlands including estuarine marshes, groundwaters, and springs,
27
including information on quality of the resource available.
28
b. Floodplains.
29
c. Known sources of commercially valuable minerals.
30
d. Areas known to have experienced soil erosion problems.
31
e. Areas that are the location of recreationally and commercially important fish or shellfish,
32
wildlife, marine habitats, and vegetative communities, including forests, indicating
33
known dominant species present and species listed by federal, state, or local government
34
agencies as endangered, threatened, or species of special concern.
35
36 163.3177(6)(d)2., F.S. - The element must contain principles, guidelines, and standards for
37 conservation that provide long-term goals and which:
38 d. Conserves, appropriately uses, and protects minerals, soils, and native vegetative
39 communities, including forests, from destruction by development activities.
40 e. Conserves, appropriately uses, and protects fisheries, wildlife, wildlife habitat, and marine
41 habitat and restricts activities known to adversely affect the survival of endangered and
42 threatened wildlife.
43 f. Protects existing natural reservations identified in the recreation and open space element.
44 g. Maintains cooperation with adjacent local governments to conserve, appropriately use, or
45 protect unique vegetative communities located within more than one local jurisdiction.
46 j. Protects and conserves wetlands and the natural functions of wetlands.
I k. Directs future land uses that are incompatible with the protection and conservation of
2 wetlands and wetland functions away from wetlands. The type, intensity or density,
3 extent, distribution, and location of allowable land uses and the types, values, functions,
4 sizes, conditions, and locations of wetlands are land use factors that shall be considered
5 when directing incompatible land uses away from wetlands. Land uses shall be distributed
6 in a manner that minimizes the effect and impact on wetlands. The protection and
7 conservation of wetlands by the direction of incompatible land uses away from wetlands
8 shall occur in combination with other principles, guidelines, standards, and strategies in
9 the comprehensive plan. Where incompatible land uses are allowed to occur, mitigation
10 shall be considered as one means to compensate for loss of wetlands functions.
11
12 163.3177(6)(g), F.S. - For those units of local government identified in s. 380.24, a coastal
13 management element, appropriately related to the particular requirements of paragraphs (d)
14 and (e) and meeting the requirements of s. 163.3178(2) and (3). The coastal management
15 element shall set forth the principles, guidelines, standards, and strategies policies that shall
16 guide the local government's decisions and program implementation with respect to the
17 following objectives:
18 2. Preserve the continued existence of viable populations of all species of wildlife and marine
19 life.
20 3. Protect the orderly and balanced utilization and preservation, consistent with sound
21 conservation principles, of all living and nonliving coastal zone resources.
22 4. Avoid irreversible and irretrievable loss of coastal zone resources.
23
24 V. STAFF RECOMMENDATION
25
26 Staff recommends APPROVAL of the proposed amendments to Policies 101.5.4 and 101.5.5.
27
28 VI. PROCESS
29
30 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
31 Planning Commission, the Director of Planning, or the owner or other person having a contractual
32 interest in property to be affected by a proposed amendment. The Director of Planning shall review
33 and process applications as they are received and pass them onto the Development Review
34 Committee and the Planning Commission.
35
36 The Planning Commission shall hold at least one public hearing. The Planning Commission shall
37 review the application, the reports and recommendations of the Department of Planning &
38 Environmental Resources and the Development Review Committee and the testimony given at the
39 public hearing. The Planning Commission shall submit its recommendations and findings to the
40 Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
41 transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
42 recommendation, and the testimony given at the public hearing. The BOCC may or may not
43 recommend transmittal to the State Land Planning Agency. The amendment is transmitted to the
44 State Land Planning Agency, which then reviews the proposal and issues an Objections,
45 Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has
46 180 days to adopt the amendments, adopt the amendments with changes or not adopt the amendment
2
3
4
5
6
9
10
11
VII. EXHIBITS
1. Maps of example Tier III lots containing wetlands which require 100% open space and that are
adjacent or contiguous to Tier I properties.
2. Excerpt from the 2010 Evaluation and Appraisal Report, providing the total, vacant parcels and
acreage designated within the Tier System.
3. Department of Economic Opportunity Objections, Recommendations and Comments (ORC)
Report issued on May 4, 2012
t I 7�1i
Monroe County 2010 Comprehensive Plan
Evaluation and Appraisal Report
Amount of Vacant and Developable Land
There is approximately 10,143 acres of vacant land in the unincorporated area of
the County. The largest amount of vacant land in the unincorporated areas (6,849.2
acres) is located within the Lower Keys PA.
The general trend for all planning areas signal that vacant land is primarily located
under the residential future land use designations: Residential Conservation,
Residential Low and Residential Medium.
As illustrated in Table 5 on the next page, the majority of vacant land is located
within Tier 1 (85%) with little development potential as regulated by the County's
point system. Tier 11, 111, and 111-A comprise 12 percent of vacant land and this is
where development is most likely to concentrate. Also illustrated in this table are the
vacant parcels within each PA. The Lower Keys PA contains 7,054.2 acres (5,471
parcels), which are vacant, and located within a tier designation. Most of the vacant
land (89.9 %) is located in Tier 1 comprised of 3,288 parcels (6,338.7 acres); 8.1
percent (1,724 parcels) are designated Tier 111. The Lower Keys PA is the only PA
with 411 vacant parcels [1.1%] designated Tier 11, which only applies to Big Pine
Key and No Name Key. Less than one percent of vacant land (31 parcels) is located
in Tier Ill -A.
The Middle Keys PA has 211.2 vacant acres or 304 vacant parcels, which are located
in a tier. Tier 1 contains 69.9 % (147.6 vacant acres), and Tier 111 has 30.1% (63.6
vacant acres). The Upper Keys PA includes 2,158.6 acres or 2,983 parcels of vacant
land within the Tier System. Most of the vacant acres are split up into two of the
tiers. Tier 1 has 69.5 % vacant acres (835 parcels or 1501 acres). Another 1,658
parcels (14.7 %) are located in Tier 111, these parcels constitute 316.3 acres. Lastly,
3.7 percent of vacant acres, or 265 parcels are located in Tier 111-A.
The Remainder of this Page Intentionally Left Blank
Chapter 2: Community -Wide Assessment 2-7 Evaluation and Appraisal Report
February 2012 Keith and Schnars, P.A.
Monroe County 2010 Comprehensive Plan
Evaluation and Appraisal Report
Table S - Vacant Land by Tier and Planning Area
3,288
6,338.7
411
1,724
31
17
N/A
5,471
78.1
573.7
11.5
52.2
7,002.0
7,054.2
89.9%
20
1.1%
0
8.1%
284
0.2%
0
0.7%
N/A
N/A
N/A
N/A
304
147.6
0.0
63.6
0.0
0.0
211.2
211.2
69.9%
835
0.0%
0
30.1%
1,658
0.0%
265
N/A
225
N/A
N/A
N/A
2,983
1,501.1
0.0
316.3
79.9
261.3
1,897.3
2,158.6
69.5%
4,143
0.0%
411
14.7%
3,666
3.7%
296
12.1%
242
N/A
NIA
$ 758
N/A
7,987.4
78.1
953.6
91.4
313.5
9 110.5
9 424.0
84.8%
0.8%
10.1%
1.0%
3.3%
N/A
100%
Note: Percentage of Tier - slight differences due to rounding.
Source: Monroe County Growth Management, 2011, Geographic Information System file "MC-ELU-511"; Monroe
County Growth Management, 2011, Geographic Information System file "MC-FLUM-511"; Monroe County Growth
Management, 2011, Geographic Information System file "Tier_0110"
Tiers are:
I = Tier 1- Natural Areas
I1= Tier II (Big Pine Key and No Name Keys in the Lower Keys PIanning Area only)
III = Tier III - InfilI Areas
III -A = Special Protection Area (SPA)
0 = Property does not have a Tier designation. Most of these occur in the Upper Keys and some
are right-of-way parcels. Some Iots were not originally designated because of mapping errors;
the majority of which are currently being reviewed by the Tier Designation Review Committee
and will be designated at a later date.
Tier 0 is used for illustration purposes only and is not part of the analysis.
Vacant acres in all tiers after subtracting Tier 0.
Chapter 2: Community -Wide Assessment 2-8 Evaluation and Appraisal Report
February 2012 Keith and Schnars, P.A.
_ ,rF
Rick Scott
GOVERNOR
FLORIDA DEPARTMENT-f
ECONOMIC OPPORTUNITY
May 4, 2012
The Honorable David Rice
Mayor, Monroe County Board of County Commission
9400 Overseas Hwy, #2I0
Marathon Airport Terminal
Marathon, FL 33050
Dear Mayor Rice:
Hunting F. Deutsch
EXECUTIVE DIRECTOR
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
and
review process set forth their comments are
been distributed to the appropriate reviewing agencies for their review,
enclosed. We have reviewed the proposed amendment in accordance with the state coordinated
with Chapter I63, Part II, F.S. Sections 163.3184(2) and (4), FIorida Statutes (F.S.), for compliance
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 also
Providing two technical assistance comments consistent with Section 163.3168(3), F.S. The
Agency's technical assistance comments wiII not form the basis of a challenge. They are offered
as suggestions 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 163, F.S.
The County should act by choosing to adopt, adopt with changes, or not adopt the
second public hearing is not held and the amendment
Proposed amendment. Also, please note that Section 163.3I84(4)(e)1, within I80 days of your receipt of
F.S., provides that if the
adopted
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 Oepartmenl of Economic Opportunily The Caldwell SuPding 107 E Madison Slreel Tallahassee, FL 32399-4120
860 FLA 2345 850.246 7106 850 921 3223 Fax www,Floridajobs orfl www Twitter comlF tJ
----- — L EO www.fa a comlFLnEO
An equal opportunity employer/program, Auxiliary aids and services are available upon request io individuals wdh disabililies. All voice
telephone numbers on Ihls document may be reached by persons using TTYITpp equipment via the Florida Relay Service al 711
Honorable David Rice
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) 7 7- 494, or by email
at Rebecca-iettAlln-1 deo —0-rida.com. 1 8 em I
Sincerely,
Mike McDaniel, Chief
Bureau Of Community Planning
MM/bep
Enclosures: Objections, Recommendations and Continents 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 Madsson Street
-- Tallahassee. FL 32399-4120868-FLA2345 850,245.7105 850.92t.3223 Fax �SJob�l JK91c WFLC)OMfKek.com/FL
O
An equal opportunlly emPloYerlDrogram. Auxiliary aids and services are available upon request to individuals with disabiolilies All voice
telephone numbers on lhis document may be reached by persons using TTY[T00 equipment via the Florida Relay Service al 71 1
STATE LAND PLANNING AGENCY
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT
FOR
MONROE COUNTY
PROPOSED AMENDMENT 12-2ACSC
May 4, 20 1 2
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT
FOR MONROE COUNTY
PROPOSED COMPREHENSIVE PLAN AMENDMENT
(DEO NO. 12-2ACSC)
I Consistency with Chapter 163, Part II 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 I63.3177(l), 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.
II. Technical Assistance Comments
1. 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 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
EXTERNAL AGENCY COMMENTICITIZEN
COMMENTS
A. Receipt of Comments from external Agencies
B. Citizen comments
Jetton, Rebecca
From: Demes, Ron A CIV CNRSE, NO2 Iron, demes@navy. mill
Sent: Monday, April 02, 2012 11:15 AM
To: Hurley -Christine
Cc: Jetton, Rebecca; Santamaria-Mayte; Schwab-Townsley
Subject; RE: Monroe County Comprehensive Flan 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 [mailto:Hurle -Christin onroeCount-FL Gov]
Sent; Monday, April 02, 2012 11:13
To: Demes, Ron A CIV CNRSE, NO2; rebecca etto_nODEO.myfflorida.com; Santamaria-Mayte; Schwab-
Townsley
Subject: Re: Monroe County Comprehensive Plan Amendment: County Resolution Number e25-2012
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 nav .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 [mailto:Hurle -Christine onroeCount-FL.Gov]
> Sent: Monday, April 02, 2012 11:0i
> To: Demes, Ron A CIV CNRSE, NO2; Tezanos-Mayra; Schwab-Townsley; Santamaria-Mayte
> Cc: jmurley0sfrpc.com; rebecca. ettonigDEO,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. Jetton:
>> As the representative of Naval Air Station Key West acting on behalf of
1
>> 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 g 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.demest@ng_yy.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, 2vi2
Mr. Ray Eubanks
Department of Economic Opportunity
Division of Community Development
107 East Madison Street, MSC- 160
Tallahassee, FL 32399-4120
dcpextemalagencyromtllents(a?deo lnytlorida com
p,ecelved
pity
�oM%C BtdP�t
1D898dM( tCOMMUnwy 9 Qtgntutt9
OW1 11 001 COMMOP
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 20I0 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
�" Priddy
m�kek
of Critical State Concern (ACSC} which includes environmental or natural resources of regional
�
or statewide importance. FWC staff has been involved in the Tier Designation Review
Charles w. Roberts Ili
Committee along with Monroe County stag', public agencies, private consultants, planners, and
Tallahassee
other interested parties. Participation in this committee has allowed FWC the opportunity to
Brian S. Yablonsk+
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 ;staff After reviewing the proposed resolutions, FWC stag' 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
Assistarn Executive Director Rate of Growth Ordinance) for land dedication and also by assigning negative points to certain
KarChien VontfSta Staff
g+ta Tier III parcels that contain submerged lands and/or wetlands requiring open space. These
Chief of Staff
provisions should prove effective in reducing impacts to fish and wildlife resources in this area.
Division or HPihita; &
We appreciate the opportunity to participate in the Tier Designation Review Committee and look
forward to continuingthis partnership. We also appreciate the opportunity to review the
Species Conservation p P
HicSutton, Director proposed amendments and would like to extend this offer to the County's staff for future
(850ass-coordination on Comprehensive Plan Amendment activities. If you or your staff needs further
(Sso) 921-7?93 793 FAX assistance, please do not hesitate to contact Jane Chabre at 850410-5367, or
FWCConservationPlanningServices a,)M, Fes_ WC.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.She herd a?M FWC.coM.
Managing fish and wad++fe
resources for their long-term
WO -being and the benefit
of people.
820 South Meridian Street
Tallahassee, Florida
32399.1600
Voice: (850) 488-4676
HearinWspeech-impaired:
(800) 955-8771 M
(800) 955-8770 (V)
Sincerely,
Bonita m, Program Administrator
Office of Conservation Planning Services
bg//bs
ENV 2-3-3
Monroe County 12-2 ACSC- 16011 0466r1
MyFWC..com
Mr. Ray Eubt,
?age 2
April 6, 2012
cc: Mayte Santamaria
Monroe County Planning and Environmental Resources
santamaria-ma a monroecount -fi. ov
Terry Planning
South Florida Water Management District
tm_annine(q)sfwmd.Lov
Jim Quinn
Florida Department of Environmental Protection
Ln-i. uinn ride .state.fl.us
Rachel M. Kalin
South Florida Regional Planning Council
rkalin&fmc,com
Wendy Evans, Administrative Assistant II
Department of Agriculture and Consumer Services
wend .evans@freshfromflorida.com
South
Florida
Regional
Planning
Council
AGENDA ITEM #III.E
DATE: APRIL 2, 2012
TO: COUNCILIAEMBERS
FROM: STAFF
SUBJECT: LOCAL GOVERNMENT COMPREHENSIVE PLAN PROPOSED AND ADOPTED
AMENDMENT CONSENT AGENDA
Pursuant to Section 163.3184, Florida Statutes, Council review of amendments to IocaI 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 IocaI government and the State Land PIanning Agency within 30 calendar days of
receipt of the amendment.
Staff analysis confirms that the proposed and/or adopted amendments identified in the Table below are
generally consistent with and supportive of the Goals and Policies of the SRPP. Attached are the separate
amendment review forms that will be sent to the IocaI government and State Land Planning Agency.
onroe County
#12-2ACSC N/A 1 N/A 2/13/12 �p
Town of Southwest
Ranches #12-1ESR N/A 2 N/A 2/23/12 5-0
Broward County 8 1 11
#12-2ESR N/A v 3 Consistent 2/28/12 7-0
City of Oakland
Park #12-1ESR N/`�' 4 N/A" 3/7/12 5-0
•if adopted the proposed Councif Review Date and Consistency Finding b shown in Column 5;
"rhe amendment is not required to be reviewed at transmittal, N/A: not apphcabae
Recommendation
Find the proposed and/or adopted plan amendments from the local governments of Monroe County,
Southwest Ranches, Broward County, and Oakland Park generaIIy consistent with the Strategic
3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021
Broward (954) 98&4416, State (800) 985-4416
FAX (954) 985.4417, e-mail: sfadmin@sfrpc.com, 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.
Attachment 1
FLORIDA REGIONAL COUNCILS ASSOCIATION
LOCAL GOVERNMENT COMPREHENSIVE PLAN AMENDMENT REVIEW FORM 01
South Florida Regional Planning Council Agenda Item and Date: III.E; 4/2/12.
Local Government Amendment Number: Monroe County proposed #I2-2ACSC.
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 local government comprehensive
plans is Iimited 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 Iocal 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 CIearing (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 20I0 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, II, III and III -A Iands.
I Discourage Increases in Density and Intensity (Resolution 21.-2012)
New Policy 102.4.20 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 28-20.1I0 and 28-20.I40 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 parceI(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 shaII 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 Iot
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 LLL-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 LL are Transition and Sprawl Reduction Areas on Big Pine and No Name Keys, Tier III are
Will Areas, and Tier LII-A are Special Protection Areas. Currently protective criteria for wetlands are not
addressed.
4. Tier Re -designation for Seacamp Properly (Resolution 23-2012)
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 scriveners error in the original Master Plan,
S. 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 HI 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).
6. Mixed Use/Commercial Land Use Map Designation and Maritime Industry Zoning (Resolution 25.
2012)
Revisions to Policies 101A.5 and 101.4.21 would amend the Mined Use/Commercial (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 Ianguage 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
• AppIy 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• DA WATER MANAGEMENT DiSTRICT
March 20, 2012
Mr. Ray Eubanks
Administrator, Plan Review & Processing
Department of Economic Opportunity
Division of Community Planning and Development7-
107 East Madison Street
Tallahassee, Florida 32399-4120
Dear Mr. Eubanks:
Subject. Monroe County, Amendment#12-2ACSC
Comments on Proposed Comprehensive Plan Amendment
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 tmanning@sfwmd.gov.
Sincerely,
1
Rod A. Braun
Director
Office of Intergovernmental Programs
RBArn
c: Christine Hurley, Monroe County
Rebecca Jetton, DEO
Rachel Kalin, SFRPC
3301 Gun Chib Road, West Palin Beach, Florida 33406 • j561) 686.8800 • FL WA7'S 1-800-432-2045
Mailing AddressF P.O. Box 246W, West Palm Beack,, FL 33416.4680 • www.sfwmd.S,ov
Florida Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
April 5, 2012
Mr. Ray Eubanks
Plan Review Administrator1�1,,�
Department of Economic Opportunity
Bureau of Community Planning
Caldwell Building
107 East Madison Street MSC 160
Tallahassee, FL 32399-6545
hers. T V nyard, )r
Secretary
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 imparts 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,
AW/
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
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,
f 1 i `." ,L Cr
Phil Steinmiller
District Planning Manager
April 3, 2012
Page 2 of 2
Cc: Harold Desdunes, PE, Florida Department of Transportation, District 6
Aileen Boucle, AICP, Florida Department of Transportation, District 6
Christine Hurley, Monroe County
Mayte 5antarnaria, Monroe County