Item S15BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 21, 2012 Division: Growth Mana eg ment
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 of the Monroe County 2010
Comprehensive Plan to allow within the allocation point system, the land dedication of wetland parcels
and parcels designated Tier II and Tier III -A in exchange for points in the point systems.
ITEM BACKGROUND: Upland habitat is protected through the Tier System and the permit
allocation system. Under the Tier System, all lands, outside of mainland Monroe County, are
designated into three general categories for purposes of land acquisition and smart growth initiatives.
These three categories are Tier I (Natural Area); Tier II (Transition and Sprawl Reduction Area on Big
Pine Key and No Name Key only); and Tier III (Infill Area, which includes Tier III -A, Special
Protection Area). 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 points for the dedication of parcels that contain wetlands as well as the dedication of Tier III -A
(Special Protection Area -SPA) parcels. Currently, the Comprehensive Plan does not include Tier III -A
parcels under land dedication criteria of the permit allocation system.
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. As such, no changes have been made to the proposed amendment based upon the ORC
report. Staff has included a few clarifying revisions, such as: adding specific point assignments for the
dedication of Tier I and II designated lands on Big Pine Key and No Name Key within the Policy,
instead of referring to Action Item 3.2.2 C of the Livable CommuniKeys Master Plan for Big Pine Key
and No Name Key.
PREVIOUS RELEVANT BOCC ACTION: On February 13, 2012, the Monroe County BOCC
approved Resolution 022-2012 to transmit this proposed amendment to the State Land Planning
Agency.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/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 OF THE
MONROE COUNTY 2010 COMPREHENSIVE PLAN TO ASSIGN POINTS,
UNDER ROGO AND NROGO, FOR THE DEDICATION OF PARCELS THAT
CONTAIN WETLANDS OR THE DEDICATION OF PARCELS DESIGNATED
AS TIER II AND TIER III -A (SPECIAL PROTECTION AREA); PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR THE 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, the Monroe County Development Review Committee considered the proposed
amendment at a regularly scheduled meeting held on the 17t` day of October, 2011; and
WHEREAS, at a regularly scheduled meeting held on the 1" day of December, 2011, the Monroe
County Planning Commission held a public hearing for the purpose of considering the transmittal to the
State Land Planning Agency, for review and comment, a proposed amendment to the Monroe County
Year 2010 Comprehensive Plan; and
WHEREAS, the Monroe County Planning Commission made the following findings:
1. All lands, outside of mainland Monroe County, are designated into three general categories
for purposes of land acquisition and smart growth initiatives. These three categories are Tier
I (Natural Area); Tier II (Transition and Sprawl Reduction Area on Big Pine Key and No
Name Key only); and Tier III (Infill Area, which includes Tier III -A, Special Protection
Area).
2. While the Tier System directs growth away from upland habitat to infill areas, the criteria for
the tier designations does not include wetlands (as confirmed in the State of Florida,
Department of Community Affairs Final Order DCA07-GM-166A (DOAH Case No. 06-
2449GM). The Comprehensive Plan does have other protective measures for wetland
communities, such as requiring 100% open space for certain wetland communities.
3. The amendment will provide additional protection to wetland communities and Tier III -A
designated parcels and further direct growth to disturbed and scarified areas.
Page 1
4. The amendment furthers the Principles for Guiding Development in the Florida Keys Area of
Critical State Concern.
WHEREAS, at a special meeting held on 13t' 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
stfielfen dff 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.
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 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.
Page 2
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. 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 asspecified*
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:
Page 3
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.
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,, ead
Tier II (Big Pine Key and No Name Key), Tier III -A Special Protection Areas (SPA), and parcels
which contain undisturbed wetlands for the purposes of conservation, resource protection,
restoration or density reduction and, if located in Tier III outside of Special Protection Areas
(SPA), for the purpose of providing land for affordable housing where appropriate.
Point Assignment: A
Criteria: &
Proposes dedication to Monroe County of one vacant, legally platted
lot, designated as Tier III for affordable housing, of sufficient
+4
minimum lot size and upland area to be buildable. Each additional
vacant, legally platted lot that meets the aforementioned
requirements will earn points asspecified.
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 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.
Proposes dedication to Monroe County of one (1) vacant legally
platted lot which contains undisturbed wetlands. Each additional
+2
vacant, legally platted lot that meets the aforementioned
requirements will earn points as specified.
Page 4
+2
Proposes dedication to Monroe County of one (1) vacant legally
platted lot, designated as Tier III -A (Special Protection Area -SPA)
of sufficient minimum lot size and containing sufficient upland area
to be buildable. Each additional vacant, legally platted lot that
meets the aforementioned requirements will earn points as specified
+2
—
Proposes dedication to Monroe County of one (1) vacant, legally
platted lot, designated as Tier I or Tier II on Big Pine Key or No
Name Key, of sufficient minimum lot size and containing sufficient
upland area to be buildable. Each additional vacant legally platted
lot that meets the aforementioned requirements will earn points as
specified.
+2
Proposes dedication to Monroe County of at least one (1) acre of
vacant, unplatted land located within a Tier I area on Big Pine Key
or No Name Key, containing sufficient upland to be buildable. Each
additional one (1) acre of vacant, unplatted land that meets the
aforementioned requirements will earn points as specified
Applieations fer- dwelling Big Pine Key No Name
a unit en and Key
shall be --awarded dedieatien in-
perms-ze=-land Fee ee with
Ae4iea Item 3.2.2 G the Livable CenffnuniKeys Master- Plan fer-
ef
Ri&ine Key and Ne Name Key,
5. 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. I 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
6. 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.
Page 5
7. 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.
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.
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 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].
Page 6
*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. Intensity Reduction - The following points shall be assigned to allocation applications to
encourage the voluntary reduction of intensity:
Point Assignment: I Criteria:
+4 An application proposes development that reduces the permitted
floor area ratio (FAR) to twenty three percent (23%) or less.
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 -A (Special Protection Areas -SPA), and
parcels which contain undisturbed wetlands for the purposes of conservation, resource
protection, restoration or density reduction and, if located in Tier III outside of Special Protection
Areas (SPA), for the purpose of providing land for affordable housing where appropriate.
Point Assignment:*
Criteria:*
Proposes dedication to Monroe County of one (1) vacant, legally
platted lot, designated as Tier III for affordable housing_ of
+4
sufficient minimum lot size and upland area to be 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.
Page 7
+4
Proposes dedication to Monroe County of at least one (1) acre of
vacant, unplatted land located within a Tier I area containing
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.
+2
—
Proposes dedication to Monroe County of one (1) vacant legally
platted lot which contains undisturbed wetlands. Each additional
vacant, legally platted lot that meets the aforementioned
requirements will earn points asspecified.
+2
Proposes dedication to Monroe County of one (1) vacant legally
platted lot, designated as Tier III -A (Special Protection Area -SPA)
of sufficient minimum lot size and containing sufficient upland area
to be buildable. Each additional vacant, legally platted lot that
meets the aforementioned requirements will earn points as specified.
+2
—
Proposes dedication to Monroe County of one (1) vacant legally
platted lot, designated as Tier I or Tier II on Big Pine Key and No
Name Key, of sufficient minimum lot size and containing sufficient
upland area to be buildable. Each additional vacant, legally platted
lot that meets the aforementioned requirements will earn points as
mecified.
+2
Proposes dedication to Monroe County of at least one (1) acre of
vacant, unplatted land located within a Tier I area on Big Pine Key
or No Name Key, containing sufficient upland to be buildable. Each
additional one (1) acre of vacant, unplatted land that meets the
aforementioned requirements will earn points as specified.
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.
5. Perseverance Points - One (1) or two (2) points shall be awarded for each year that the
allocation application remains in the system.
6. Highway Access - The following points shall be assigned to allocation applications to encourage
connections between commercial uses and reduction of the need for trips and access onto U.S.
Highway 1:
Page 8
Point Assignment: I Criteria: I
+3 IThe development eliminates an existing driveway or access -way to
U.S. Highway 1.
+2 IThe development provides no new driveway or access -way to U.S.
Highway 1.
7. 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.
8. 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.
9. Employee Housing — The following points, up to a maximum of four (4), shall be assigned to
allocation applications for employee housing units:
Page 9
Point Assignment: I Criteria:
+2 IProposes an employee housing unit which is located on a parcel with
a non-residential use.
10. 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.
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. Filing 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 number of the foregoing amendment
may be renumbered to conform to the numbering in the Monroe County 2010
Comprehensive Plan and shall be incorporated into the Monroe County 2010
Comprehensive Plan.
(Remainder of Page Intentionally Left Blank)
Page 10
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the day of , 2012.
Mayor David Rice
Mayor pro tem Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia Murphy
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Mayor David Rice
Page 11
r f,
31
a
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 the land dedication of wetland parcels as well as the dedication of parcels
18 designated as Tier II and Tier III -A within the allocation point system.
19
20 Meeting: September 21, 2012
21
22 I. REQUEST
23
24 This is a request by Monroe County to amend the Monroe County 2010 Comprehensive Plan to
25 amend Policies 101.5.4 and 101.5.5 to assign points, under ROGO and NROGO, for the dedication
26 of parcels that contain wetlands as well as the dedication of Tier II and Tier III -A (Special Protection
27 Area -SPA) parcels.
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 the 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). The
40 Comprehensive Plan does have other protective measures for wetland communities, such as
41 requiring 100% open space for certain wetland communities.
42
43 Wetland communities provide important storm protection, water quality protection, and wildlife
44 habitat functions. In particular, the following wetland communities:
45
46 mangrove forests along the shorelines of the Keys;
1 • transitional wetlands (salt marsh and buttonwood wetlands) lying landward of the mangrove
2 fringe and oceanward of upland communities;
3 • salt ponds occupying shallow enclosed basins having very restricted tidal influence;
4 • freshwater wetlands and freshwater ponds in areas of freshwater lenses in the Lower Keys.
5
6 To provide additional protection to wetland communities and further direct growth to disturbed and
7 scarified areas, an amendment is proposed to the permit allocation scoring system to assign points to
8 donated parcels that contain wetlands as well as the dedication of Tier III -A (Special Protection
9 Area -SPA) parcels.
10
11 Considering the goals, objectives and policies of the 2010 Comprehensive Plan which protect
12 habitat, there is every reason to protect wildlife habitat by reducing the number of lots available to
13 build on, thereby reducing overall density. This amendment allows the County to accept for land
14 dedication lots with wetlands as well as the dedication of Tier III -A (Special Protection Area -SPA)
15 parcels.
16
17 The Monroe County Planning Commission held a public hearing on December 1, 2011, to consider
18 the transmittal of this proposed amendment to the Monroe County Year 2010 Comprehensive Plan to
19 the State Land Planning Agency and recommended approval of the amendment.
20
21 The Monroe County Board of County Commissioners (BOCC) held a public hearing, at a special
22 meeting held on February 13, 2012, to consider the transmittal of the proposed amendment to the
23 State Land Planning Agency and recommended approval of the amendment. The Monroe County
24 BOCC approved Resolution 022-2012 to transmit this proposed amendment to the State Land
25 Planning Agency.
26
27 On May 4, 2012, the State Land Planning Agency issued an Objections, Recommendations and
28 Comment (ORC) Report to Monroe County which did not identify any objections, or comments
29 related to important state resources and facilities that will be adversely impacted by the amendment,
30 if it is adopted. As such, no changes have been made to the proposed amendment based upon the
31 ORC report.
32
33 Staff has included a few clarifying revisions, such as: adding specific points for the dedication of
34 Tier I and II designated lands on Big Pine Key and No Name Key, instead of referring to Action
35 Item 3.2.2 C of the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key.
36
37 III. PROPOSED AMENDMENTS
38
39 Policy 101.5.4
40 Monroe County shall implement the residential Permit Allocation and Point System through its land
41 development regulations based primarily on the Tier system of land classification as set forth under
42 Goal 105. The points are intended to be applied cumulatively.
43
44 1. Tier Designation - Utilizing the Tier System for land classification in Policy 105.2.1, the
45 following points shall be assigned to allocation applications for proposed dwelling units in a
46 manner that encourages development of infill in predominately developed areas with existing
2011-108 Land Dedications Wetlands Page 2 of 15
1 infrastructure and few sensitive environmental features and discourages development in areas
2 with environmentally sensitive upland habitat which must be acquired or development rights
3 retired for resource conservation and protection.
4
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.
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.
5
6 2. Big Pine and No Name Keys - The following negative points shall be cumulatively assigned to
7 allocation applications for proposed dwellings to implement the Big Pine Key and No Name Key
8 Habitat Conservation Plan and the Livable CommuniKeys Community Master Plan.
9
10
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.
2011-108 Land Dedications Wetlands Page 3 of 15
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 asspecified*
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
6 4. Land Dedication — The following points shall be assigned to allocation applications to
7 encourage, the voluntary dedication of vacant, buildable land within Tier I designated areas., and
8 Tier II, Tier III -A Special Protection Areas (SPA), and parcels which contain undisturbed
9 wetlands for the purposes of conservation, resource protection, restoration or density reduction
10 and, if located in Tier III outside of Special Protection Areas (SPA), for the purpose of providing
11 land for affordable housing where appropriate.
12
Point Assignment:* I Criteria: *
Proposes dedication to Monroe County of one vacant, legally platted
lot, designated as Tier III for affordable housing, of sufficient
+4 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.
2011-108 Land Dedications Wetlands Page 4 of 15
+0.5
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,
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.
+4
Proposes dedication to Monroe County of at least one (1) acre of
vacant, unplatted land located within a Tier I area containing
sufficient upland to be buildable. Each additional one (1) acre of
vacant, unplatted land that meets the aforementioned requirements
will earn points as specified.
+2
Proposes dedication to Monroe County of one (1) vacant legally
platted lot which contains undisturbed wetlands. Each additional
vacant, legally platted lot that meets the aforementioned
requirements will earn points as specified.
+2
Proposes dedication to Monroe County of one (1) vacant legally
platted lot, designated as Tier III -A (Special Protection Area -SPA)
of sufficient minimum lot size and containing upland area to be
buildable. Each additional vacant, legally platted lot that meets the
aforementioned requirements will earn points asspecified.
+2
Proposes dedication to Monroe County of one (1) vacant legally
platted lot, designated as Tier I or Tier II on Big Pine Key and No
Name Key, of sufficient minimum lot size and containing sufficient
upland area to be buildable. Each additional vacant legally platted
lot that meets the aforementioned requirements will earn points as
specified.
+2
Proposes dedication to Monroe County of at least one (1) acre of
vacant, unplatted land located within a Tier I area on Big Pine Key
or No Name Key, containing sufficient upland to be buildable. Each
additional one (1) acre of vacant, unplatted land that meets the
aforementioned requirements will earn points as specified.
* x pfi
Afplieafiens for- a dwelling Big Pine Key No Name4Cey
unit en and
shall be-afiafdEd ferland
points -dedieatiCn'n aeeer-dafiee with
AetienRem the Livable Master
Jz:z-Ctlf CBiiR11Keyss -Plan or-
2 5. Market Rate Housing in Employee or Affordable Housing Project- The following points
3 shall be assigned to allocation applications for market rate housing units in an employee or
4 affordable housing project:
5
2011-108 Land Dedications Wetlands Page 5 of 15
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Point Assignment. I 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
6. 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.
7. 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.
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.
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 developed
areas with existing infrastructure, commercial concentrations, and few sensitive environmental
2011-108 Land Dedications Wetlands
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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. Intensity Reduction - The following points shall be assigned to allocation applications to
encourage the voluntary reduction of intensity:
Point Assignment. I Criteria:
+4 An application proposes development that reduces the permitted
floor area ratio (FAR) to twenty three percent (23%) or less.
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 -A (Special Protection Areas -SPA), and
parcels which contain undisturbed wetlands for the purposes of conservation, resource
protection, restoration or density reduction and, if located in Tier III outside of Special Protection
Areas (SPA), for the purpose of providing land for affordable housing where appropriate.
2011-108 Land Dedications Wetlands
Page 7 of 15
Point Assignment: *
Criteria:*
Proposes dedication to Monroe County of one (1) vacant, legally
platted lot, designated as Tier III for affordable housing, of
+4
sufficient minimum lot size and upland area to be 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.
Proposes dedication to Monroe County of one (1) vacant legally
platted lot which contains undisturbed wetlands. Each additional
+2
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, designated as Tier III -A (Special Protection Area -SPA)
of sufficient minimum lot size and containing upland area to be
+2
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, designated as Tier I or Tier II on Big Pine Key and No
Name Key, of sufficient minimum lot size and containing sufficient
+2
—
upland area to be buildable. Each additional vacant legally platted
lot that meets the aforementioned requirements will earn points as
specified.
2011-108 Land Dedications Wetlands Page 8 of 15
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+2
Proposes dedication to Monroe County of at least one (1) acre of
vacant, unplatted land located within a Tier I area on Big Pine Ka
or No Name Key, containing sufficient upland to be buildable. Each
additional one (1) acre of vacant, uolatted land that meets the
aforementioned requirements will earn points as specified.
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.
5. Perseverance Points - One (1) or two (2) points shall be awarded for each year that the
allocation application remains in the system.
6. Highway Access - The following points shall be assigned to allocation applications to encourage
connections between commercial uses and reduction of the need for trips and access onto U.S.
Highway 1:
Point Assignment. I Criteria:
+3 The development eliminates an existing driveway or access -way to
U.S. Highway 1.
+2 IThe development provides no new driveway or access -way to U.S.
Highway 1.
7. 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: I Criteria: I
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.
2011-108 Land Dedications Wetlands
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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.
8. 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.
9. 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.
10. 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
2011-108 Land Dedications Wetlands Page 10 of 15
I new development to comply with environmental standards and environmental design criteria
2 which will protect disturbed wetlands, native upland vegetation and beach/berm areas.
3
4 Policy 102.1.1: The County shall protect submerged lands and wetlands. The open space
5 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.
Policy 105.2.6: Monroe County shall implement a land acquisition program to acquire most
privately owned vacant private lands within areas designated as a Transition and Sprawl
Reduction Area (Tier II) on Big Pine Key and No Name Key and patches of tropical
hardwood hammock or pinelands of one acre or greater in area identified as a Special
Protection Area within a designated Infill Area (Tier III).
Policy 105.2.7: Monroe County shall implement an acquisition program to acquire
privately owned vacant lands disturbed or scarified properties for affordable housing within
areas designated as an Infill Area (Tier III).
Policy 105.2.8: The preferred method for acquisition of environmentally sensitive privately
owned vacant non -platted lands shall be fee simple purchase, donation, or dedication or the
retirement of development rights through transfer of development rights or similar
mechanisms.
30 Policy 105.2.9: The preferred method for acquisition of vacant platted lots shall be fee
31 simple purchase, donation, or dedication or the retirement of development rights thorough
32 transfer of development rights or similar mechanisms; however, wherever appropriate,
33 platted lots may be purchased in partnership with adjoining property owner(s) subject to a
34 conservation easement that may allow limited accessory residential uses.
35
36 GOAL 204: The health and integrity of Monroe County's marine and freshwater wetlands
37 shall be protected and, where possible, enhanced.
38
39 Policy 204.2.1: To protect submerged lands and wetlands the open space shall be 100 percent
40 of the following types of wetlands:
41 1. submerged lands;
42 2. mangroves;
43 3. salt ponds;
44 4. freshwater wetlands;
45 5. freshwater ponds; and
46 6. undisturbed saltmarsh and buttonwood wetlands.
2011-108 Land Dedications Wetlands Page 11 of 15
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2 Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and
3 undisturbed salt marsh and buttonwood wetland only for use as transferable development
4 rights away from these habitats. Submerged lands, salt ponds, freshwater ponds and
5 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.
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;
2011-108 Land Dedications Wetlands Page 12 of 15
1 6. Federal parks, wildlife refuges, and marine sanctuaries;
2 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
3 properties;
4 8. City electric service and the Florida Keys Electric Co-op; and
5 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.
(k) Limiting the adverse impacts of public investments on the environmental resources of the
Florida Keys.
(1) Making available adequate affordable housing for all sectors of the population of the Florida
Keys.
(m)Providing adequate alternatives for the protection of public safety and welfare in the event of
a natural or manmade disaster and for a postdisaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
maintaining the Florida Keys as a unique Florida resource.
Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent with the
Principles for Guiding Development as a whole and is not inconsistent with any Principle.
C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
(F.S.). Specifically, the amendment furthers:
163.3177(6)(a)3.f., F.S. - Ensure the protection of natural and historic resources.
163.3177(6)(d), F.S. - A conservation element for the conservation, use, and protection of
natural resources in the area, including air, water, water recharge areas, wetlands, waterwells,
estuarine marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors, forests,
fisheries and wildlife, marine habitat, minerals, and other natural and environmental
resources, including factors that affect energy conservation.
1. The following natural resources, where present within the local government's boundaries,
shall be identified and analyzed and existing recreational or conservation uses, known
pollution problems, including hazardous wastes, and the potential for conservation,
recreation, use, or protection shall also be identified:
a. Rivers, bays, lakes, wetlands including estuarine marshes, groundwaters, and springs,
including information on quality of the resource available.
b. Floodplains.
c. Known sources of commercially valuable minerals.
d. Areas known to have experienced soil erosion problems.
2011-108 Land Dedications Wetlands Page 13 of 15
1 e. Areas that are the location of recreationally and commercially important fish or
2 shellfish, wildlife, marine habitats, and vegetative communities, including forests,
3 indicating known dominant species present and species listed by federal, state, or
4 local government agencies as endangered, threatened, or species of special concern.
163.3177(6)(d)2., F.S. - The element must contain principles, guidelines, and standards for
conservation that provide long-term goals and which:
d. Conserves, appropriately uses, and protects minerals, soils, and native vegetative
communities, including forests, from destruction by development activities.
e. Conserves, appropriately uses, and protects fisheries, wildlife, wildlife habitat, and
marine habitat and restricts activities known to adversely affect the survival of
endangered and threatened wildlife.
f. Protects existing natural reservations identified in the recreation and open space
element.
g. Maintains cooperation with adjacent local governments to conserve, appropriately
use, or protect unique vegetative communities located within more than one local
jurisdiction.
h. Protects and conserves wetlands and the natural functions of wetlands.
i. Directs future land uses that are incompatible with the protection and conservation of
wetlands and wetland functions away from wetlands. The type, intensity or density,
extent, distribution, and location of allowable land uses and the types, values,
functions, sizes, conditions, and locations of wetlands are land use factors that shall
be considered when directing incompatible land uses away from wetlands. Land uses
shall be distributed in a manner that minimizes the effect and impact on wetlands.
The protection and conservation of wetlands by the direction of incompatible land
uses away from wetlands shall occur in combination with other principles, guidelines,
standards, and strategies in the comprehensive plan. Where incompatible land uses
are allowed to occur, mitigation shall be considered as one means to compensate for
loss of wetlands functions.
163.3177(6)(g), F.S. - For those units of local government identified in s. 380.24, a coastal
management element, appropriately related to the particular requirements of paragraphs (d)
and (e) and meeting the requirements of s. 163.3178(2) and (3). The coastal management
element shall set forth the principles, guidelines, standards, and strategies policies that shall
guide the local government's decisions and program implementation with respect to the
following objectives:
2. Preserve the continued existence of viable populations of all species of wildlife and
marine life.
3. Protect the orderly and balanced utilization and preservation, consistent with sound
conservation principles, of all living and nonliving coastal zone resources.
4. Avoid irreversible and irretrievable loss of coastal zone resources.
2011-108 Land Dedications Wetlands Page 14 of 15
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V. STAFF RECOMMENDATION
Staff recommends APPROVAL of the proposed amendments to Policies 101.5.4 and 101.5.5.
VI. PROCESS
Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
Planning Commission, the Director of Planning, or the owner or other person having a contractual
interest in property to be affected by a proposed amendment. The Director of Planning shall review
and process applications as they are received and pass them onto the Development Review
Committee and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at the
public hearing. The Planning Commission shall submit its recommendations and findings to the
Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
transmittal of the proposed comprehensive plan amendment, and considers the staff report, staff
recommendation, and the testimony given at the public hearing. The BOCC may or may not
recommend transmittal to the State Land Planning Agency. The amendment is transmitted to the
State Land Planning Agency, which then reviews the proposal and issues an Objections,
Recommendations and Comments (ORC) Report. Upon receipt of the ORC report, the County has
180 days to adopt the amendments, adopt the amendments with changes or not adopt the
amendment.
VII. EXHWITS
1. Department of Economic Opportunity Objections, Recommendations and Comments (ORC)
Report issued on May 4, 2012
2. Excerpt of the Livable CommuniKeys Master Plan for Big Pine Key and No Name Key
2011-108 Land Dedications Wetlands
Page 15 of 15
mow...
AM
Rick Scott
GOVERNOR
FLORIDA DEPARTMENT of
ECONOMIC OPPORTUNITY
May 4, 2012
The Honorable David Rice
Mayor, Monroe County Board of County Commission
9400 Overseas Hwy, ##210
Marathon Airport Tenninal
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
been distributed to the appropriate reviewing agencies for their review, and their comments are
enclosed. We have reviewed the proposed amendment in accordance with the state coordinated
review process set forth in Sections l 63.3184(2) and (4), Florida Statutes (F.S.), for compliance
with Chapter 163, Part 11, F.S.
The attached Objections, Recommendations, and Comments Report outlines our findings
concerning the amendment. We have identified one objection and have included
recommendations regarding measures that can be taken to address the objection. We are also
providing two technical assistance comments consistent with Section 163.3168(3), F.S. The
Agency's technical assistance comments will not form the basis of a challenge. They are offered
as suggestions which can strengthen the 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
Proposed amendment. Also, please note that Section 163,3184 4 e 1 F.S., provides that if the
second public hearing is not held and the amendment adopted within 1�80 days of your receipt of
agency comments, the amendment shall be deemed withdrawn unless extended by agreement
with notice to the state land planning agency and any affected party that provided comment on
the amendment. For your assistance, we have enclosed the procedures for final adoption and
transmittal of the comprehensive plan amendment.
Florida Department of Economic Opportunity The Caldwell Building 107 E. Madison Street Tallahassee. FL 32399-4120
866.FLA.2345 850.245,7105 850.921.3223 Fax www.FloridaJobs ora ,nww twittercom FLDEO
An equal opportunityemployer/program,y - www.facebook com/FLDEO
q pportunit Auxiliary aids and services are available upon request to individuals with disabilities. All voice
telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.
Honorable David Rice
May 4, 2012
Page 2 of 2
My staff and I are available to assist the County in addressing the issues identified in our
report. If you have any questions, please contact Rebecca Jetton, at (850) 717-8494, or by email
at Rebecca.iettonLbdeo myflorida c,om.
Sincerely,
1( XZL'G
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. Madison Street Tallahassee, FL 32399-4120
866.FLA.2345 850.245.7105 850,921.3223 Fax www.Floridaiobs ora www.twitter.com/FLDEO Mm.facebook.com/FLDEO
telephone numbers on this document may be reached by persons using TTY/TDO equipment via the Florida Relay Service at 711. An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice
STATE LAND PLANNING AGENCY
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT
FOR
MONROE COUNTY
PROPOSED AMENDMENT 12-2ACSC
May 4, 2012
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 163.3177(1), and 380.0552(7), Florida Statutes, (F.S.), Rule 28-
20.140(5)9, Florida Administrative Code
Recommendation: Revise the policy to clarify that Options l 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 COMMENT/CITIZEN
COMMENTS
A. Receipt of Comments from external Agencies
B. Citizen comments
Jefiton, Rebecca
From: Demes, Ron A CIV CNRSE, NO2 [ron.demes@navy.mii]
Sent: Monday, April 02, 2012 11:16 AM
To: Hurley -Christine
Cc: Jetton, Rebecca; Santamaria-Mayte; Schwab-Townsley
Subject: RE: Monroe County Comprehensive Plan Amendment: County Resolution Number 025-2012
OK: I sent a text to Rebecca since my email was not working until mid morning. I was not
able to get email this weekend and saw an email from her on Sat. I will send you some dates
this afternoon.
V/r, ron
-----Original Message -----
From: Hurley -Christine [mailto:Hurley-Christine(@MonroeCounty-FL.Gov]
Sent: Monday, April 02, 2012 11:13
To: Demes, Ron A CIV CNRSE, NO2; rebecca.jetton(@DEO.myflorida.com; Santamaria-Mayte; Schwab-
Townsley
Subject: Re: Monroe County Comprehensive Plan Amendment: County Resolution Number 025-2012
Rebecca is here. But I'm not sure of her schedule. Mayte is not here. So we'd prefer next
week sometime.
Sent from my iPhone
On Apr 2, 2012, at 11:09 AM, "Demes, Ron A CIV CNRSE, NO2" <ron.demesl@navy.mil> wrote:
> I will work this today now that computer is up and running. Is Rebecca here today? Or
coming soon?
> -----Original Message -----
> From: Hurley -Christine [mailto:Hurle -Christine onroeCount-FL.Gov]
> Sent: Monday, April 02, 2012 11:01
> To: Demes, Ron A CIV CNRSE, NO2; Tezanos-Mayra; Schwab-Townsley; Santamaria-Mayte
> Cc: jmurley@sfrpc.com; rebecca.ietton(@DEO.myflorida.com
> Subject: Re: Monroe County Comprehensive Plan Amendment: County Resolution Number 025-2012
> Mr Demes: We would like an opportunity to sit down with you and go over this email. Please
give us a couple of dates and times when you are available.
> It would be good if Rebecca can listen in as well.
> Mayra - please coordinate b
> Thank you
> Christine Hurley
> Sent from my iPhone
> On Mar 30, 2012, at 3:32 PM, "Demes, Ron A CIV CNRSE, NO2" <ron.demes0navy.mil> wrote:
>> Mr. Murley and Ms. 7etton:
>> As the representative of Naval Air Station Key West acting on behalf of
>> the military installations within Monroe County jurisdiction and
>> representing the Military interests as the ex-officio member of the
>> Monroe County planning commission and representative at DRC & BOCC
>> meetings, I am writing this email to document our objection to the comp
>> plan amendment on transmitting a proposed ordinance that revises Policy
>> 101.4.5 Mixed Use/commercial (MC) Future Land Use Map (FLUM) category
>> description and amends Policy 101.4.21 to assign the Maritime Industries
>> (MI) Zoning District to the MC FLUM Category and amends the maximum net
>> density range and the maximum intensity range for the MC FLUM category
>> and clarifies the footnotes within the table.
>> I have voiced this objection at the Development Review Committee and
>> Planning Commission meetings regarding the proposed designation changes.
>> Our primary objection to the proposed amendment is to the significant
>> increase in residential type density that would be allowed under this
>> amendment in lands proximal to Naval Air Station Key West such as areas
>> of Noise Zones 65 DNL and higher. The current designation only allows
>> for a maximum density of 2 dwelling units per acre and zero transient
>> units. This change will allow for a 900% increase in residential
>> dwelling units and an infinite increase on transient units. We find this
>> contrary to FL statutes set to protect military interests in the State
>> of Florida.
>> As set for the in FS 163.3175(2), Naval Air Station Key West, associated
>> with Monroe County, is designated a major military installation and due
>> to its mission and activities, has a greater potential for experiencing
>> compatibility and coordination issues than others. Accordingly, FS
>> 163.3177(6)(a) relates to establishing compatible land use for such
>> bases with specific governments in proximity to and in association with
>> the specific military installations like NAS Key West. This amendment
>> inadequately addresses the Navy's concerns regarding the objections
>> brought out in the DRC and Planning commission. Upon unanimous denial of
>> this proposed FLUM designation change, we did not believe this would go
>> forward.
>> Additionally, we find this proposed amendment inconsistent with FS
>> 380.0552(7) and specifically principle (h) "to protect the value,
>> efficiency, cost effectiveness and amortized life of existing and
>> proposed public investments including: .....4. Key West Naval Air
>> Station and other military facilities."
>> A proposed solution could entail the county agreeing to no increase in
>> residential/transient density within the 65 DNL noise contours based on
>> the current 2007 AICUZ study.
>> Naval Air Station Key West looks forward to continuing dialog to resolve
>> this extremely important issue that is critical to our mission
>> sustainability.
>> V/r, Ron Demes
>> R. A. DEMES
>> Executive Director/Business Manager
>> Naval Air Station
>> P. 0. 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 tell
>> mailto: ron. demes(a)navy. mil
Florida Fist
and Wildlife
Conservation
Commission
Commissioners
Kathy Barco
Chairman
Jacksonville
Kenneth W. Wright
Vice Chairman
Winter Park
Ronald M. Bergeron
Fort Lauderdale
April 6, 2v>2
Mr. Ray Eubanks
Department of Economic Opportunity
Division of Community Development
107 East Madison Street, MSC-160
Tallahassee, FL 323994120
dcl2externalaeencycomments(cudeo myflorida com
Pe,ved
M
PPR_9Ip12
unwl
sr-orlomis Cnt Mont
Dogs drne�tCommt if% p4an n9
Dt�a ire u of CommUottY
Re: Monroe County Year 2010 Comprehensive Plan Amendment, 12-2 Expedited State
Review, Area of Critical State Concern, Monroe County
Dear Mr. Eubanks:
Florida Fish and Wildlife Conservation Commission (FWC) staff has reviewed the seven (7)
proposed amendments to Monroe County's Year 2010 Comprehensive Plan and provide the
following comments, under Chapter 163, Florida Statutes, for your consideration:
Richard A. Corbett Part of Monroe County (the City of Key West and the Florida Keys) is considered to be an Area
Tampa of Critical State Concern (ACSC), which includes environmental or natural resources of regional
Amiese P. mokalee esa" Priddy or statewide importance. FWC staff has been involved in the Tier Designation Review
Charles W. Roberts III Committee along with Monroe County staff, public agencies, private consultants, planners, and
Tallahassee other interested parties. Participation in this committee has allowed FWC the opportunity to
Brian S. 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 staff has determined that Resolution 021-2012
Nick Wiley may improve habitat protection by discouraging Future Land Use changes which increase
Executive Director allowable density/intensity. Resolutions 022-2012 and 024-2012 may also increase wetland
Greg Holder protection by assigning points under ROGO/NROGO (Rate of Growth Ordinance/Non-residential
Assistant Executive Director Rate of Growth Ordinance) for land dedication and also by assigning negative points to certain
Karen Ventimiglia Chief of Staff Tier III parcels that contain submerged lands and/or wetlands requiring open space. These
provisions should prove effective in reducing impacts to fish and wildlife resources in this area.
We appreciate the opportunity to participate in the Tier Designation Review Committee and look
Division of Habitat & forward to continuing this partnership. We also appreciate the opportunity to review the
Species Conservation
Eric Sutton, Director proposed amendments and would like to extend this offer to the County's staff for future
(850) 488-coordination on Comprehensive Plan Amendment activities. If you or your staff needs further
(850) 9217793 FAX � please lease do not hesitate to contact Jane Chabre at 850-410-5367, or
793
FWCConservationPlanningServicesCc�MvFWC 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 M FWC.com.
Managing fish and wildlife
resources for their long-term
well-being and the benefit
of people.
620 South Meridian Street
Tallahassee, Florida
32399.1600
Voice: (850) 488-4676
Hearing/speech-impaired:
(800) 955-8771(T)
(800) 955-8770 (V)
Sincerely,
Bonita am, Program Administrator
Office of Conservation Planning Services
bg//bs
ENV 2-3-3
Monroe County 12-2ACSC_16011_040612
MyFWC.com
Mr. Ray Euhu
?age 2
April 6, 2012
cc: Mayte Santamaria
Monroe County Planning and Environmental Resources
santal'naria-ma3qe@i*nonroecounty-fl.gov
Terry Manning
South Florida Water Management District
tmann ina(&usfwmd. aov
Jim Quinn
Florida Department of Environmental Protection
tim.quinnCe deti.state.fl.us
Rachel M. Kalin
South Florida Regional Planning Council
rkalinAsfrpc com
Wendy Evans, Administrative Assistant II
Department of Agriculture and Consumer Services
weiidy.evans@ftgshfromflorida.com
South ,
Florida.
Regional
Planning
Council
MEMORANDUM
AGENDA ITEM #III.E
DATE: APRIL 2, 2012
TO: COUNCILMEMBERS
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 local government
comprehensive plans is limited to 1) adverse effects on regional resources and facilities identified in the
Strategic Regional Policy Plan for South Florida (SRPP) and 2) extrajurisdictional impacts that would be
inconsistent with the comprehensive plan of any affected local government within the Region.
A written report containing an evaluation of these impacts, pursuant to Section 163.3184, Florida Statutes,
is to be provided to the local government and the State Land Planning Agency within 30 calendar days of
receipt of the amendment.
Staff analysis confirms that the proposed and/or adopted amendments identified in the 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 local government and State Land planning Aannen,
rwy
meat
0:.
�A4
y
Monroe County
#12-2ACSC
VO
N/A
1
N/A 2/13/12 5
Town of Southwest
Ranches #12-1ESR
V,
N/A
2
N/A
2/23/12
5-0
J
�r ,xis ... 1. J•.
:,
7 I
7777
".: J
Broward County
1 11
T
N/`�'
3
8
#12-2ESR
Consistent
2/28/12
7-0
City of Oakland
Park #12-1ESR
N/A
4
N/A**
3/7/12
5-0
•[f adopted the proposed Council
Review Date and
Cn—kton— ta.
,a;.,,. 1- 6..._
:-1-,. ___
—Me amendment is not required to be reviewed at transmittal.; N/A: not applicable
Recommendation
Find the proposed and/or adopted plan amendments from the local governments of Monroe County,
Southwest Ranches, Broward County, and Oakland Park generally consistent with the Strategic
3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021
Broward (954) 985-4416, 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 #12-2ACSC.
Date Comments due to Local Government: 4/4/12.
Date Mailed to Local Government and State Land Planning Agency: Prior to 4/4/12.
Pursuant to Section 163.3184, Florida Statutes, Council review of amendments to local government comprehensive
plans is limited to adverse effects on regional resources and facilities identified in the Strategic Regional Policy Plan
for South Florida (SRPP) and extrajurisdictional impacts that would be inconsistent with the comprehensive plan of
any affected local government within the region. A written report containing an evaluation of these impacts,
pursuant to Section 163.3184, Florida Statutes, is to be provided to the local government and the state land
planning agency within 30 calendar days of receipt of the amendment.
DESCRIPTION OF AMENDMENT
1. Upland Vegetation Clearing (Resolution 20-2012)
Revisions to Policies 101.4.22 and 205.2.7 and new Policy 101.4.23 would address limitations on clearing
of upland native vegetation, as recommended in the 2008, 2009, and 2010 Administration Commission 30-
Day Report to Monroe County and by the State Land Planning Agency. The text would define maximum
square footage for permitted clearing Tier I,11, III and III -A lands.
2. Discourage Increases in Density and Intensity (Resolution 21-2012)
New Policy 101.4.20 would discourage private application for future land use changes that increase
allowable density and intensity and further preserve the native habitat of the County, implementing the
Florida Keys Carrying Capacity Study and Rule 28-20.110 and 28-20.140 of the Florida Administration
Code (F.A.C.).
The definition for "private application' would be applications from private entities with ownership of the
upland development and parcel(s) of land or includes private upland development on County -owned
land. Those private applicants requesting FLUM amendments shall be required to comply with either of
the following:
1. For every acre of land for which there is a request to increase density and/or intensity, the
applicant shall purchase and donate 2 acres of Iand that contain non -scarified native upland habitat
and/or undisturbed wetland habitat to Monroe County for conservation (specific requirements shall
apply)
2. For each requested additional unit of density, the applicant shall purchase and donate a lot
designated as Improved Subdivision (IS) district on the Land Use (Zoning) District map that contain
non -scarified native upland habitat and/or undisturbed wetland habitat to Monroe County (Specific
requirements shall apply).
The parcel which is the subject of the request to increase its density and intensity must be designated as
Tier III and have existing public facilities, services, and central wastewater facilities.
3. Tier System positive point allocation for wetland dedication (Resolution 22-2012)
Revisions to Policies 101.5.4 and 101.5.1 would assign positive points under the residential and non-
residential permit allocation system for the dedication of parcels that contain wetlands or Tier II1-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 II are Transition and Sprawl Reduction Areas on Big Pine and No Name Keys, Tier III are
Infill Areas, and Tier 1II-A are Special Protection Areas. Currently protective criteria for wetlands are not
addressed.
4. Tier Re -designation for Seacamp Property (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 scrivener's error in the original Master Plan.
5. Tier System negative point allocation for wetland protection (Resolution 24-2012)
Revisions to Policies 101.5.4 and 101.5.5 would assign negative points under the residential and non-
residential permit allocation system to Tier III parcels that contain submerged lands and/or wetlands that
require 100% open space and that are located adjacent or contiguous to Tier I properties. 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 Mixed Use/ (MC) future land use
category description to allow Maritime Industries (MI) zoning in the MC category. Of 29 parcels
currently zoned MI, all but one are on Stock Island, with 59.7 acres in the Industrial future land use
category, and 29.5 acres in Public Facilities. Although MI zoning allows transient (hotel/motel) units, the
Industrial future land use category does not. The staff backup indicates that the amendment is intended
to encourage the preservation of recreational and commercial working waterfronts for water -dependent
uses.
The changes would:
• Add language that MC future land use districts are to establish and conserve areas of mixed uses,
which may include maritime industry, light industry, commercial fishing, transient and permanent
residential, institutional, public, office, commercial and retail use;
• Encourage the maintenance and enhancement of community character, recreational, and commercial
working waterfronts; and
• Apply certain criteria to lands designated with the Maritime Industries zoning, including
maintaining a minimum of 35% of the upland area for working waterfront and water dependent uses
and similar wet slips, dock, and public access walkway preservation.
• Limit parcels to commercial apartments only. Commercial apartments would be an attached or
detached residential dwelling unit located on the same parcel as a nonresidential use that is to serve
as housing for the owner or employees of the nonresidential use.
7. Lower Keys Livable CommuniKeys Plan (Resolution 26-2012)
A revision to Policy 101.20.2 would incorporate the Lower Keys Livable CommuniKeys Master Plan by
reference into the Comprehensive Plan. The intent of the County's Livable CommuniKeys Plans is to
contain framework for future development and redevelopment based on the applicable community
character and environmental conditions.
1. ADVERSE EFFECTS TO SIGNIFICANT REGIONAL RESOURCES AND FACILITIES
IDENTIFIED IN THE STRATEGIC REGIONAL POLICY PLAN.
Not Applicable.
2. EXTRAJURISDICTIONAL IMPACTS INCONSISTENT WITH ANY COMPREHENSIVE PLANS
OF LOCAL GOVERNMENTS WITHIN THE REGION.
Not Applicable.
OPaP.�FR�bq �
C
a
o zSOUTH FLORIDAMANAGEMENT WATER DiSTRICT
March 20, 2012
Mr. Ray Eubanks
Administrator, Plan Review & Processing
Department of Economic Opportunity
Division of Community Planning and Development-� L
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 tmanninsfwmd gov.
Sincerely,
Rod A. Braun
Director
Office of Intergovernmental Programs
RB/tm
c: Christine Hurley, Monroe County
Rebecca Jetton, DEO
Rachel Kalin, SFRPC
3301 Gun Chub Road, Nest Palm Beach, Florida 3,,3406 - (561) 686-8800 - FL WAT51-800-432-2045
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 - www.shA+md.gov
tt
Florida Department of FGcv€3rtlove ona:
Environmental Protection lennofe,Carroll
Marjory Stoneman Douglas Building LE. Gavernor
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000 liers:hel T Vinyard, ;r
Secretary
April 5, 2012
Mr. Ray Eubanks
Plan Review Administrator\�\`,�
Department of Economic Opportunity
Bureau of Community Planning
Caldwell Building
107 East Madison Street MSC 160
Tallahassee, FL 32399-6545
Re: Monroe County 12-2ACSC Proposed; Comprehensive Plan Amendment
Review
Dear Mr. Eubanks:
The Office of Intergovernmental Programs of the Florida Department of Environmental
Protection (Department) has reviewed the above -referenced amendment proposal under
the procedures of Chapter 163, Florida Statutes. The Department conducted a detailed
review that focused on potential adverse impacts to important state resources and
facilities, specifically: air and water pollution; wetlands and other surface waters of the
state; federal and state-owned lands and interest in lands, including state parks,
greenways and trails, conservation easements; solid waste; water and wastewater
treatment; and, where applicable, the Everglades ecosystem.
Based on our review of the proposed amendment, the Department has found no provision
that requires comment under laws that form the basis of the Department's jurisdiction.
Thank you for the opportunity to comment on the proposed amendment package. Should
you have any questions or require further assistance, please call me at (850) 245-2169.
Sincerely,
Chris Stahl
Office of Intergovernmental Programs
nor 'Ieo smre ALAS
Florida Department of Transportation
RICK scorn 1000 NW 111 Avenue ANANTH PRASAD, P.E.
GOVERNOR Miami, Florida 33172-5800 SECRETARY
April 3, 2012
Ray Eubanks, Plan Processing Administrator `
Department of Economic Opportunity At,Al2-
Community Planning and Development
107 East Madison Street
Caldwell Building, MSC 160
Tallahassee, Florida 32399
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,
Phil Steinmiller
District Planning Manager
......... A-4 _c_a— Z, .—
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 Santamaria, Monroe County
Exhibit 2
Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004
community vision and the growth plan developed through the Livable CommuniKeys planning
process. Future development shall also be consistent with the incidental take permit and the ac-
companying Habitat Conservation Plan for the Florida Key Deer and Other Protected Species.
Action Item 3.1.1: Limit the total allocations for new residential units over the next 20 years
to 200 units.
Action Item 3.1.2: Do not consider the replacement of existing, legally established residen-
tial units as of the date this plan as new development nor shall on -site replacement be consid-
ered to have any H impact.
Action Item 3.1.3: Permit residential units at a steady rate over the twenty-year planning ho-
rizon and encourage the distribution of units to designated infill areas. The Rate of Growth
Ordinance (ROGO) and Tier Map Overlays shall be the mechanisms used to implement dis-
tribution patterns to minimize impact on the resource and rate of growth allocations.
Action Item 3.1.4: Allow residential units of any type listed in the applicable FLUM catego-
ries and land use districts with the exception that new transient residential units shall be pro-
hibited.
Action Item 3.1.5: Prohibit transfer of development rights (TDRs) from islands outside of the
planning area to within the planning area pursuant to Policy 101.13.4. Additionally, TDRs
and transferable ROGO exemptions (TREs) within the planning area shall not be transferred
from a higher (infill) tier category to a lower (conservation -open space) tier category, except
as provided for in Action Item 3.1.5. Transfers to and from the same tier category are per-
mitted except in Tier I.
Strategy 3.2
Revise the Comprehensive Plan policies regulating the rate and allocation of residential growth
to adjust for allocation according to the Tier System for Big Pine Key and No Name Key.
Action Item 3.2.1: Amend the current ROGO to base eligibility to compete in the allocation
system upon the location of the proposed development with respect to the Tier System Over-
lay Map. Remove any direct references to the planning area from Sec. 9.5.122.3
Action Item 3.2.2: The revised ROGO for Big Pine Key and No Name Key shall include:
a. A threshold eligibility of "0" is required to enter the allocation system and compete for
an allocation award;
b. Applications in Tier III have no negative points and therefore achieve the threshold
and are automatically eligible to enter the allocation system. Baseline negative values
assigned to Tier I and II applications are as follows:
Tier II -10
Tier I -20
Additional negative points will be accumulated based on the following criteria:
Identified Key deer corridor -10
Land Use and Redevelopment Element 39
Livable CommuniKeys Master Plan for Big Pine Key and No Name Key August 2004
Within 500 meter buffer of Marsh Rabbit habitat -10
No Name Key -10
The above criteria are cumulative e.g. an application within Tier I (-20), a deer corridor
(-10), and Lower Keys marsh rabbit habitat (-10) would have a total score of —40;
c. Points may be acquired to reach the threshold and to make the application more com-
petitive through land dedication in Tier I or Tier II (two points) and by aggregating lots
in Tier II or Tier III (three points). No aggregation of lots will be permitted in Tier I;
d. A competitive points based system will be used to award allocations to eligible appli-
cants within each allocation period;
e. An additional perseverance point will be added for each year an applicant is in the sys-
tem after year one;
f. Applications in Tier III, which entered the current ROGO allocation system prior to
adoption of this plan will receive an additional perseverance point for every year they
have been in the ROGO system. Applicants in Tier I and Tier II, if they acquire the
points necessary to reach the threshold will also receive a point for every year in the sys-
tem.
g. An applicant will be eligible to apply for administrative relief in five years if an allo-
cation award has not been received. The form of relief will be property purchase for Tier
I lands and either property purchase or permit.award for Tier II and Tier III lands.
Action Item 3.2.3: Count as part of the 200-unit cap, the 30 residential units that have been
awarded allocations for beneficial use and administrative relief. These units may be issued
upon County approval of the HCP and need not be held for adoption of this Master Plan.
Action Item 3.2.4: Allocate residential units within the planning area at the rate of no greater
than 10 in any given year. More than 10 residential awards may be allocated if the excess
consists of affordable units, that may be accumulated and issued in any allocation period or
"borrowed forward" from future allocations. The allocation rate in this policy replaces that
in Policy 103.1.1 of the Comprehensive Plan, which shall be deleted from the plan.
Action Item 3.2.5: Reserve the 10 unit per year allocation rate provided in Strategy 3.2, Ac-
tion Item 3.2.4 (above) separately out of the Lower Keys annual allocation for the exclusive
use of the Big Pine Key and No Name Key planning area for at least the first five years of
the twenty-year planning horizon. This will provide for housing opportunities within the
planning area that were not available during the temporary deferral of awards preceding
adoption of this plan. At the end of five years, the need for and effect of a reserve allocation
shall be reevaluated and the reserve either abolished or continued. However the planning
area shall continue to bear its fair share of the minimum 20% affordable housing set -aside
(i.e. 2 units per year) as part of the annual 10-unit allocation pursuant to ROGO require-
ments.
Action Item 3.2.6: Limit allocation awards in Tier I to no more than two percent of all resi-
dential units permitted over the twenty year planning period or a total of H = 0.022, which -
Land Use and Redevelopment Element 40
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.
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 areas1
Tier II (Big Pine Key and No Name Key), Tier III-A Special Protection Areas (SPA), and parcels
which contain undisturbed wetlands for the purposes of conservation, resource protection,
restoration or density reduction and, if located in Tier III outside of Special Protection 'Areas
(SPA), for the purpose of providing land for affordable housing where appropriate:
Point Assignment:k Criteria:&
Proposes dedication to Monroe County of one vacant, legally platted
lot, designated as Tier III. for affordable housing, of sufficient
+4 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 I area containing
+4 sufficient upland to be buildable. Each additional :one (1) acre of
vacant, unplatted land that meets the aforementioned requirements
will earnpoints as specified.
Proposes dedication to Monroe County of one (1) vacant; legally
+2 platted:lot which contains undisturbed wetlands. 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, designated as Tier I,.of.sufficient minimum lot size and
+2.5 ' containing sufficient upland 'area.to be buildable. :Each additional
vacant, . legally platted lot that meets . the: aforementioned
requirements will earn pomts as specified.
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Proposes dedication to Monroe County of one (1) vacant, legally
platted lot, designated as Tier III-A (Special Protection Area-SPA),
+2 of sufficient minimum lot size and containing 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, designated as Tier I or Tier II on Big Pine Key or No
+2 Name Key, of sufficient minimum lot size and containing 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 at least one (1) acre of
vacant, unplatted land located within a Tier I area on Big Pine Key
+2 or No Name Key, containing 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
Big Pine Key and No Name Key.
5. 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
6. 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.
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