Item S14BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 21, 2012 Division: Growth Manaizement
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 the Monroe County 2010 Comprehensive Plan, creating Policy 101.4.20 discouraging
private applications for future land use changes which increase allowable density/intensity and creating a mechanism
for increases density and intensity by donating IS lots (1:1 basis) or acreage,(2:1 basis) to the County that contains non -
scarified native upland habitat or wetland habitat.
ITEM BACKGROUND: The 2008, 2009 and 2010 Administration Commission 30-Day Report to Monroe County
included a task for Monroe County to implement the Florida Keys Carrying Capacity Study by discouraging private
applications for future land use changes which increase allowable density and intensity on lands in the Florida Keys.
This task is intended to implement Rule 28-20.110, F.A.C., Work Program Tasks Year Six, Task C and Year Eight,
Task F to implement the carrying capacity study by the adoption of all necessary plan amendments to guide
development away from environmentally sensitive lands and to ensure that any and all new development does not
exceed the capacity of the County's environment and marine system to accommodate additional impacts. Further, the
amendment is intended to result in the reduction of overall density and intensity and decrease the total amount vacant
lots to ensure that hurricane evacuation clearance times are maintained.
Administration Commission Rule 28-20.140, F.A.C., also includes a Work Program task requiring the adoption of a
comprehensive plan policy to discourage private applications for future land use changes which increase allowable
density and intensity on lands in the Florida Keys by July 1, 2012. The County will report to the Governor and
Cabinet, sitting as the Administration Commission, on the progress of accomplishing this task in that Fall of 2012.
Pursuant to Section 380.0552, F.S., and Administration Commission Rule 28-20.140, F.A.C., beginning November 30,
2011, Monroe County and the State Land Planning Agency (Department of Economic Opportunity) must report to the
Administration Commission on the progress of achieving the work program objectives for that work program year. If
the Administration Commission determines that progress has not been made, the unit cap for residential development
(ROGO allocations) may be reduced by 20% for the following ROGO year.
On May 4, 2012, the State Land Planning Agency issued an Objections, Recommendations and Comment (ORC)
Report to Monroe County which identified one objection to the proposed amendment. Staff has proposed a revision to
the amendment to address the objection.
PREVIOUS RELEVANT BOCC ACTION: On July 13, 2009, the BOCC approved Resolution 183-2009 to transmit
proposed Objective 105.4 and Policy 105.4.1 to discourage private future land use amendment applications which
included a requirement for a needs analysis. The needs analysis included an analysis for compatibility with the 1977
AICUZ. The proposed amendment also excluded Ocean Reef from the proposed amendment.
The State Land Planning Agency issued an Objections, Recommendations and Comments Report that included two
objections: 1) No supporting documentation was included to support the exclusion of Ocean Reef, and 2) The policy
should include the best available AICUZ data. As a result, on October 22, 2009, the BOCC voted unanimously not to
adopt the proposed amendment.
On February 13, 2012, the Monroe County BOCC approved Resolution 021-2012 to transmit this proposed amendment
to the State Land Planning Agency.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing
DOCUMENTATION: Included X Not Required_
Risk Management
DISPOSITION:
AGENDA ITEM #
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8 To:
LIZ :3i-A /1"11,
DOLIJIM-130111"15
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
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
17 to create Policy 101.4.20 to discourage private applications for future land use
18 changes which increase allowable density and intensity.
19
20 Meeting: September 21, 2012
21
22 I REQUEST
23
24 This is a request by Monroe County to create Policy 101.4.20 discouraging private applications
25 for future land use changes which increase allowable density/intensity.
26
27 II BACKGROUND INFORMATION
28
29 Section 380.0552(4), Florida Statutes (F.S.), directs the State Land Planning Agency to submit
30 a report to the Administration Commission, describing in detail the progress of the Florida
31 Keys Area toward accomplishing the tasks of the work program and to provide a
32 recommendation as to whether substantial progress toward accomplishing the tasks of the work
33 program has been achieved. Pursuant to Section 380.0552(4)(c), F.S., if the Administration
34 Commission finds that the requirements for recommending removal of designation have not
35 been met, the commission shall provide a written report to the local governments within 30
36 days, after making such a finding, detailing the tasks that must be completed by the local
37 government.
38
39 The 2008, 2009 and 2010 Administration Commission 30-Day Report to Monroe County
40 included a task for Monroe County to implement the Florida Keys Carrying Capacity Study by
41 discouraging private applications for future land use changes which increase allowable density
42 and intensity on lands in the Florida Keys. This task is intended to implement Rule 28-20.110,
43 F.A.C., Work Program Tasks Year Six, Task C and Year Eight, Task F to implement the
44 carrying capacity study by the adoption of all necessary plan amendments to guide
45 development away from environmentally sensitive lands and to ensure that any and all new
46 development does not exceed the capacity of the County's environment and marine system to
47 accommodate additional impacts.
48
I The recently ratified Administration Commission Rule 28-20.140, F.A.C., (HB 7253) also
2 includes a Work Program task requiring the adoption of a comprehensive plan policy to
3 discourage private applications for future land use changes which increase allowable density
4 and intensity on lands in the Florida Keys.
5
6 Beginning November 30, 2011, Monroe County and the Department of Community Affairs
7 must report to the Administration Commission on the progress of achieving the work program
8 objectives for that work program year. If the Administration Commission determines that
9 progress has not been made, the unit cap for residential development (ROGO allocations) may
10 be reduced by 20% for the following ROGO year.
11
12 The proposed amendment is to implement the Work Program Task from Rule 28-20.140,
13 F.A.C., and the direction from the Administration Commission.
14
15 Summary of Previous Actions:
16
17 • The Florida Administration Commission proposed Rule 28-20.130 and 28-20.140, F.A.C.
18 for Monroe County to implement Section 380.0552(4), Florida Statutes.
19 • The proposed rule included the following work program task:
20 o As part of the implementation of the Florida Keys Carrying Capacity Study,
21 Monroe County shall transmit a Comprehensive Plan Policy discouraging future
22 land use changes, throughout unincorporated Monroe County which increase
23 allowable density/intensity. This Policy shall include the requirement to complete a
24 needs analysis through 2020 based upon the amount of vacant lands, the adopted
25 density of the future land use designations and their existing yields, the projected
26 population, the projected rate of growth allocations and the availability of public
27 facilities and services.
28 • DRC: May 5, 2009, County proposed Policy 101.4.20 to discourage private future land use
29 amendment application, including the requirement to complete a needs analysis based upon
30 the amount of vacant lands.
31 • PC: June 10, 2009 County proposed Policy 101.4.20 to discourage private future land use
32 amendment application, including the requirement to complete a needs analysis based upon
33 the amount of vacant lands, projected growth and other criteria.
34 • PC: June 24, 2009
35 o Proposed Policy 101.4.20 was amended to proposed Objective 105.4 and Policy
36 105.4.1 to discourage private future land use amendment application and included a
37 requirement for a needs analysis. The proposed amendment excluded Ocean Reef
38 from the proposed amendment.
39 o The PC recommended approval to the BOCC to consider transmittal of the
40 ordinance to the DCA (Resolution 22-09).
41 • BOCC-transmittal hearing: July 13, 2009
42 o Proposed Objective 105.4 and Policy 105.4.1 to discourage private future land use
43 amendment application and included a requirement for a needs analysis. The needs
44 analysis include compatibility with the 1977 AICUZ. The proposed amendment
45 excluded Ocean Reef from the proposed amendment.
46 o The BOCC approved transmittal to the DCA for review of the draft ordinance
47(Resolution 183_-2009).
N
I • The DCA issued an Objections, Recommendations and Comments (ORC) Report that
2 included two objections.
3 1. No supporting documentation was included to support the exclusion of Ocean
4 Reef.
5 2. The policy should include the best available AICUZ data.
6 • BOCC — adoption hearing: October 22, 2009
7 o To address the objections of the ORC, the proposed amendment was revised to not
8 exclude Ocean Reef from the policy. The revised amendment also included that
9 Monroe County will "evaluate the compatibility with Naval Air Station Key West
10 and utilize the best available data existing at the time a future land use map
11 amendment is proposed and reviewed."
12 o BOCC voted unanimously not to adopt proposed ordinance.
13 • The Florida Administration Commission adopted Rule 28-20.140, F.A.C. for Monroe
14 County and the Florida Legislature ratified the Rule 28-20.140, Florida Administrative
15 Code, relating to the comprehensive plan for Monroe County.
16 • The Rule includes the following Work Program task:
17 By July 1, 2012, in order to implement the Florida Keys Carrying Capacity Study,
18 Monroe County shall adopt a Comprehensive Plan Policy to discourage private
19 applications for future land use changes which increase allowable density/intensity.
20 o The requirement for a needs analysis was removed from the Rule.
21
22 The Monroe County Planning Commission held a public hearing on October 18, 2011, to consider
23 the transmittal of this proposed amendment to the Monroe County Year 2010 Comprehensive Plan
24 to the State Land Planning Agency and recommended approval of the amendment.
25
26 The Monroe County Board of County Commissioners (BOCC) held a public hearing, at a special
27 meeting held on February 13, 2012, to consider the transmittal of the proposed amendment to the
28 State Land Planning Agency and recommended approval of the amendment. The Monroe County
29 BOCC approved Resolution 021-2012 to transmit this proposed amendment to the State Land
30 Planning Agency.
31
32 On May 4, 2012, the State Land Planning Agency issued an Objections, Recommendations and
33 Comment (ORC) Report to Monroe County which identified one objection to the proposed
34 amendment, as follows:
35
36 Objection 1: Monroe County has proposed Policy 101.4.20 to address those applications that
37 request an increase in density/intensity and provides two options to the applicant. Option one
38 in the proposed policy only addresses density and intensity increases that are for parcels one
39 acre or greater in size and does not address lots smaller than one acre. The policy does not
40 provide meaningful and predictable guidelines and standards, and is potentially inconsistent
41 with Rule 28-20.140(5)9 and the Principles for Guiding Development, because it is unclear if
42 the requirements intended to discourage increases in density and intensity also apply
43 proportionately to lots less than an acre.
44
45 Authority: Section 163.3177(1), and 380.0552(7), Florida Statutes, (F.S.), Rule 28-20.140(5)9,
46 Florida Administrative Code
47
1 Recommendation: Revise the policy to clarify that Options I and 2 also apply proportionately
2 to properties less than an acre. The County is encouraged to develop a mechanism that would
3 require donation of land from Tier I when Tier I future land use increases in density/intensity
4 are considered.
5
6 Based upon the objection, provided above, the County has proposed a revision to option one (1) in
7 Policy 101.4.20, to clarify that the policy applies proportionally to the subject parcel, regardless of
8 parcel size.
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11 III. PROPOSED AMENDMENT
12
13 Policy 101.4.20
14 In order to implement the Florida Keys Carr nng Capacity, Monroe County shall
15 promote the reduction in overall County density and intensity and the preservation of Monroe
16 CoLi='s native habitat by enacting_ legislation which implements the following_ policy
17 statements for private applications for future land use map amendments which increase
18 allowable density and/or intensity. Private application(s) means those applications from private
19 entities with ownership of the upland development and parcels) of land or includes private
20 upland development on County -owned land.
21
22 Private applications requesting future land use map designation amendments received after the
23 effective date of this ordinance, which propose increases in allocated density and intensity shall
24 be required to comply with either option (1) or (2) below:
25
26 (1) For every acre of land, and/or fractions thereof, where there is a request to increase density
27 and/or intensity, a private applicant shall purchase and donate 2s land that is a
28 � minimumof twice the size of the Tarqel sub gq to the ro osed rc ucs44an&which
29 contains non -scarified native upland habitat and/or undisturbed wetland habitat to Monroe
30 County for conservation. The following_requirements apply
31 • The donated land shall be designated as Tier I, Tier II or Tier III -A Special Protection
32 Area and be located on Big Pine Key/No Name Key or be within the same sub -area of
33 unin2Morated Monroe County as the proposed increase in densityy _ for intensi ,a
34 • The land shall be inspected by the Monroe County Biologist to assure it is acceptable
35 for acquisition and donation.
36 • A restrictive covenant shall be recorded to extinguish the development rights on the
37 &4ieateEWonated land.
38 • The Future Land Use Map Designation for the donated land may be designated ted by the
39 County as Conservation (C).
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41 (2) For each requested additional unit of density, as -private applicant shall purchase and donate
42 a lot designated as Improved Subdivision (IS) district on the Land Use (Zoning) District
43 map which contain non -scarified native upland habitat and/or undisturbed wetland habitat
44 to Monroe County. The following requirements apply
45 • Private applicants shall provide IS lots pursuant to a 1:1 (1 unit: 1 lot) ratio to mitigate
46 the reauest for increased allowable densitv, pursuant to option (a) or ()) below:
WA
1 (a) The donated IS lot(s) shall be designated as Tier I. Tier II or Tier III -A Special
2 Protection Area and be located on Big Pine Key/No Name Key or be within the same
3 sub -area of unincolporated Monroe Cognty as the proposed increase in density.
4 • The IS lot(s) shall be inspected by the Monroe County Biologist to assure it is
5 acceptable for acquisition and donation.
6 • A restrictive covenant shall be recorded to extinguish the development rights on the
7 donated land.
8 • The Future Land Use Map Designation for the donated land may be designated ted by the
9 County as Conservation (C).
10 ^^
11 (b) The donated IS lot(s) shall be designated as Tier III, suitable for affordable housing and
12 must be within the same sub -area of unincorporated Monroe County as the proposed
13 increase in density.
14 • The IS lot(s) shall be dedicated to Monroe County for affordable housing projects.
15
16 For options (1) and (2) described above, the parcel which is the subject of the request to
17 increase its density and intensity must be designated as Tier III and have existing_ public
18 facilities and services and available central wastewater facilities.
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Example of
12 acres requesting a
Requires the donation of 24 acres of non -scarified
Option 1
FLUM amendment to
native upland habitat and/or undisturbed wetland
increase density and/or
habitat, designated as Tier I, Tier II or Tier III -A.
intensity
(12 acres x 2 = 24 acres
Example of
20 acres with an total
(a) Requires the donation of 20 IS lots of non -
Option 2
allocated density allowing
scarified native upland habitat and/or undisturbed
the development of 20
wetland habitat, designated as Tier I, Tier II or
units, requesting to
Tier III -A; or
increase density to allow
(b) Requires the donation of 20 IS lots designated
40 units
as Tier III and suitable for affordable housing.
Increase of 20 units = 20 IS lots)
IV. ANALYSIS
The proposed amendment satisfies the Administration Commission Rule 28-20.140, F.A.C.,
Work Program task (5)(a)9., which requires the adoption of a comprehensive plan amendment
to discourage private applications for future land use changes which increase allowable density
and intensity.
Additionally, the proposed amendment will provide additional layer of protection to wetland
communities and upland communities, and result in the reduction of overall density and
intensity in unincorporated Monroe County. This is significant, as there are approximately
9,000+ vacant, acres in a Tier designation (see excerpt from the 2010 Evaluation and Appraisal
Report).
Vacant Land by Tier and Planning Area
Lower Kevs
Vacant Parcels
II '.
ill
III A
OZ'.
Varant
acres w
Tier
li
Net
Parcels
and Acres
Acres���
11
Percent Vacant acres
Middle Keys
Vacant Parcels
Acres'
Percent Vacant Acres
Upper Kel s
Vacant Parcels
Acres
Percent Vacant Acres
Total Parcels
I
i
Total Acres�
*
k
Percentage of Tier
Note: Percentage of Tier - slight differences due to rounding.
Source: Monroe County Growth Management, 2011, Geographic Information System file "MC ELU 51I", Monroe
County Growth Management; 2011, Geographic Information System file "MC FLUM_511", Monroe County Growth
Management, 2011, Geographic Information System file $Tier 0110"
Tiers are:
1= Tier 1- Natural Areas
l l = Tier II (Big Pine Key and No Name Keys in the Lower Keys Planning Area only)
III = Tier III - Infill Areas
III -A = Special Protection Area (SPA)
0 = Property does not have a Tier designation. Most of these occur in the Upper Keys and some
are right-of-way parcels. Some lots were not originally designated because of mapping errors
the majority of which are currently being reviewed by the Tier Designation Review Committee
and will be designated at a later date.
Tier 0 is used for illustration purposes only and is not part of the analysis.
2 Vacant acres in A tiers after subtracting Tier 0.
3
4 The proposed amendment also provides a mechanism for private applicants to increase density
5 and intensity by donating IS lots or acreage to the County that contains non -scarified native
6 upland habitat or wetland habitat. This will allow to County to balance growth and strengthen
7 the protection and encourage the preservation and conservation of environmentally sensitive
8 lands by encouraging development in Tier III while directing development away from
9 environmentally sensitive areas on Tiers I, II and III -A lands.
10
11 According to December 2011 Property Appraiser data, there were 1,422 parcels that are
12 vacant, privately owned and designated as Improved Subdivision (IS) district on the Land Use
13 (Zoning) District map. Under the proposed amendment, these lots could be utilized as
14 mitigation for requests to increase density and intensity.
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16
IN
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Private -Vacant Parcels
IS
IS-D
IS-M
Total
Tier I
842
2
17
861
Tier II
314
39
353
Tier III -A
203
1 5
1 208
Total
1,359
2
61
1,422
V. 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.
Policy 101.5.8: Monroe County may develop a program, called Transfer of ROGO
Exemption (TRE), that would allow for the transfer off -site of dwelling units, hotel rooms,
campground/recreational vehicle spaces and/or mobile homes to another site in the same
ROGO sub -area, provided that they are lawfully existing and can be accounted for in the
county's hurricane evacuation model. In addition, the receiver site shall be located within a
Tier III area outside a designated Special Protection Area and for a receiver site on Big
Pine Key and No Name Key, the sending site shall also be located on one of those two
islands.
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.
Policy 102.1.1: The County shall protect submerged lands and wetlands. The open space
requirement shall be one hundred (100) percent of the following types of wetlands:
1. submerged lands 2. mangroves 3. salt ponds
4. fresh water wetlands 5. fresh water ponds
6. undisturbed salt marsh and buttonwood wetlands
Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and
undisturbed salt marsh and buttonwood wetlands only for use as transferable development
rights away from these habitats. Submerged lands, salt ponds, freshwater ponds, and
mangroves shall not be assigned any density or intensity.
7
I Policy 101.13.2: By January 4, 1998, Monroe County shall evaluate the existing TDR
2 program and adopt Land Development Regulations which address identified deficiencies in
3 the program. The following issues shall be considered in evaluating the program:
4
5 1. revision to the current tax policy whereby owners of sites which have transferred
6 development rights continue to pay taxes on such rights until development orders have
7 been issued for the transferred rights at the receiver sites;
8 2. establishment of criteria for designation of sender and receiver sites based upon factors
9 such as the environmental characteristics of the land;
10 3. establishment of mechanisms to enhance the value and marketability of TDRs such as
11 assigning density bonuses to receiver sites;
12 4. clarification of the status of sites which have transferred development rights, including
13 the possible requirements that sender sites be dedicated as public or private open space
14 through conservation easement or other mechanism. At a minimum, the LDRs shall be
15 revised to require that a restrictive covenant be recorded on the sender site deed at the
16 time of the Allocation Award for the Permit Allocation System; and
17 5. establishment of a management and accounting system to tract TDRs
18
19 Policy 101.13.3: The Maximum Net Density is the maximum density allowable with the
20 use of TDRs, and shall not exceed the maximum densities established in this plan. The
21 assignment of TDRs to Big Pine Key, No Name Key, and North Key Largo from other
22 areas of the County shall be prohibited.
23
24 Policy 101.13.4: In conjunction with the evaluation of the existing TDR program pursuant
25 to Policy 101.13.2, parcels within the following habitats and land use districts shall be
26 designated as sender sites for Transferable Development Rights (TDRs):
27
28 Any parcel within these zoning categories:
29 Offshore Island (OS) Sparsely Settled (SS)
30 Main land Native (MN) Parks and Refuge (PR)
31 Native (NA) Conservation (C)
32
33 Habitat of the following types which lie within any zoning category:
34 Freshwater wetlands
35 SaltmarshButtonwood wetlands
36 High quality high hammock
37 High quality low hammock
38 Moderate quality high hammock
39 Moderate quality low hammock
40 High quality pinelands
41 Low quality pinelands
42 Beach/berm
43 Palm Hammock
44 Cactus Hammock
45 Disturbed Wetlands
46
47 Policy 105.2.5: Monroe County shall, in coordination with federal and state agencies,
48 implement a land acquisition program to acquire all remaining privately -owned vacant
1 lands within areas designated as a Natural Area (Tier 1).
2
3 Policy 105.2.6: Monroe County shall implement a land acquisition program to acquire
4 most privately owned vacant private lands within areas designated as a Transition and
5 Sprawl Reduction Area (Tier II) on Big Pine Key and No Name Key and patches of
6 tropical hardwood hammock or pinelands of one acre or greater in area identified as a
7 Special Protection Area within a designated Infill Area (Tier III).
8
9 Policy 105.2.7: Monroe County shall implement an acquisition program to acquire
10 privately owned vacant lands disturbed or scarified properties for affordable housing within
11 areas designated as an Infill Area (Tier III).
12
13 Policy 105.2.8: The preferred method for acquisition of environmentally sensitive privately
14 owned vacant non -platted lands shall be fee simple purchase, donation, or dedication or the
15 retirement of development rights through transfer of development rights or similar
16 mechanisms.
17
18 Policy 105.2.9: The preferred method for acquisition of vacant platted lots shall be fee
19 simple purchase, donation, or dedication or the retirement of development rights thorough
20 transfer of development rights or similar mechanisms; however, wherever appropriate,
21 platted lots may be purchased in partnership with adjoining property owner(s) subject to a
22 conservation easement that may allow limited accessory residential uses.
23
24 Policy 105.2.10: In terms of effort, Monroe County shall primarily focus its Land
25 Acquisition Program on the acquisition or retirement of development rights of vacant
26 privately -owned, buildable, platted lots within Tier I and Tier II and the acquisition of
27 scarified and disturbed lands for affordable housing within Tier III. This policy recognizes
28 the critical need for the County to aggressively address the imbalance between
29 development expectations of private property owners and the finite carrying capacity of the
30 natural and man-made systems in the Florida Keys.
31
32 Policy 102.2.2: Monroe County shall adopt revised environmental standards and
33 environmental design criteria as indicated in policies adopted pursuant to Conservation and
34 Coastal Management Objective 205.2. These revised standards and criteria will protect
35 native upland vegetation and promote restoration of habitat values of native upland
36 communities, including hardwood hammocks and pinelands.
37
38 Goal 205: The health and integrity of Monroe County's native upland vegetation shall be
39 protected and, where possible, enhanced.
40
41 Objective 205.2: To implement Goal 105 of this Plan and the recommendations in the
42 Florida Keys Carrying Capacity Study (FKCCS), Monroe County shall adopt revisions to
43 the Land Development Regulations which further protect and provide for restoration of the
44 habitat values of upland native vegetated communities, including hardwood hammocks and
45 pinelands.
46
47 Policy 205.2.2: Monroe County shall discourage developments in Tier I and within tropical
48 hardwood hammock or pinelands of one acre or more in area to protect areas of native
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upland vegetation.
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;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly owned
properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate.
(i) Protecting and improving water quality by providing for the construction, operation,
maintenance, and replacement of stormwater management facilities; central sewage
collection; treatment and disposal facilities; and the installation and proper operation
and maintenance of onsite sewage treatment and disposal systems.
1 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
2 operation of wastewater management facilities that meet the requirements of ss.
3 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served
4 by central wastewater treatment facilities through permit allocation systems.
5 (k) Limiting the adverse impacts of public investments on the environmental resources of
6 the Florida Keys.
7 (1) Making available adequate affordable housing for all sectors of the population of the
8 Florida Keys.
9 (m)Providing adequate alternatives for the protection of public safety and welfare in the
10 event of a natural or manmade disaster and for a post disaster reconstruction plan.
11 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
12 maintaining the Florida Keys as a unique Florida resource.
13
14 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is consistent
15 with the Principles for Guiding Development as a whole and is not inconsistent with any
16 Principle.
17
18 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida
19 Statute (F.S.). Specifically, the amendment furthers:
20
21 Section 163.3177(4)(a), F.S. — Coordination of the local comprehensive plan with the
22 comprehensive plans of adjacent municipalities, the county, adjacent counties, or the
23 region; with the appropriate water management district's regional water supply plans
24 approved pursuant to s. 373.709; with adopted rules pertaining to designated areas of
25 critical state concern; and with the state comprehensive plan shall be a major objective of
26 the local comprehensive planning process.
27
28 Section 163.3177(6)(a)3.f., F.S. - Ensure the protection of natural and historic resources.
29 Section 163.3177(6)(d), F.S. - A conservation element for the conservation, use, and
30 protection of natural resources in the area, including air, water, water recharge areas,
31 wetlands, waterwells, estuarine marshes, soils, beaches, shores, flood plains, rivers, bays,
32 lakes, harbors, forests, fisheries and wildlife, marine habitat, minerals, and other natural
33 and environmental resources, including factors that affect energy conservation.
34
35 Section 163.3177(6)(d)2., F.S. - The element must contain principles, guidelines, and
36 standards for conservation that provide long-term goals and which:
37 d. Conserves, appropriately uses, and protects minerals, soils, and native vegetative
38 communities, including forests, from destruction by development activities.
39 e. Conserves, appropriately uses, and protects fisheries, wildlife, wildlife habitat, and
40 marine habitat and restricts activities known to adversely affect the survival of
41 endangered and threatened wildlife.
42 f. Protects existing natural reservations identified in the recreation and open space
43 element.
44 g. Maintains cooperation with adjacent local governments to conserve, appropriately
45 use, or protect unique vegetative communities located within more than one local
46 jurisdiction.
47
11
I Section 163.3177(6)(g), F.S. - For those units of local government identified in s. 380.24, a
2 coastal management element, appropriately related to the particular requirements of
3 paragraphs (d) and (e) and meeting the requirements of s. 163.3178(2) and (3). The coastal
4 management element shall set forth the principles, guidelines, standards, and strategies
5 policies that shall guide the local government's decisions and program implementation with
6 respect to the following objectives:
7 2. Preserve the continued existence of viable populations of all species of wildlife and
8 marine life.
9 3. Protect the orderly and balanced utilization and preservation, consistent with sound
10 conservation principles, of all living and nonliving coastal zone resources.
11 4. Avoid irreversible and irretrievable loss of coastal zone resources.
12
13 VI. STAFF RECOMMENDATION
14
15 Staff recommends APPROVAL of the proposed amendment to create Policy 101.4.20
16 discouraging private applications for future land use changes which increase allowable
17 density/intensity with other criteria.
18
19 III PROCESS
20
21 Comprehensive Plan amendments may be proposed by the Board of County Commissioners,
22 the Planning Commission, the Director of Planning, or the owner or other person having a
23 contractual interest in property to be affected by a proposed amendment. The Director of
24 Planning shall review and process applications as they are received and pass them onto the
25 Development Review Committee and the Planning Commission.
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
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. EXHIBITS
1. Rule 28-20.140, Florida Administrative Code
2. Excerpt from 2008 Administration Commission 30-Day Report to Monroe County (October 30, 2008)
3. Excerpt from 2009 Administration Commission 30-Day Report to Monroe County (December 17, 2009)
4. Excerpt from 2010 Administration Commission 30-Day Report to Monroe County (December 30, 2010)
5. Department of Economic Opportunity Objections, Recommendations and Comments (ORC) Report
issued on May 4, 2012
is
ORDINANCE NO. -2012
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS CREATING POLICY 101.4.20 TO DISCOURAGE PRIVATE
APPLICATIONS FOR FUTURE LAND USE CHANGES WHICH INCREASE
ALLOWABLE DENSITY AND INTENSITY, AS REQUIRED BY
ADMINISTRATION COMMISSION RULE 28-20.140, FLORIDA
ADMINISTRATIVE CODE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING
FOR THE FILING WITH SECRETARY OF STATE AND FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE INCLUSION IN THE MONROE COUNTY
2010 COMPREHENSIVE PLAN.
WHEREAS, the Administration Commission directed Monroe County within its 30-Day
Report, pursuant to Section 380.0552(4)(c), F.S., to implement the Florida Keys Carrying
Capacity Study by discouraging private applications for future land use changes which increase
allowable density and intensity on lands in the Florida Keys. ;
WHEREAS, Administration Commission Rule 28-20.140, F.A.C., (HB 7253) includes a
Work Program task requiring Monroe County to adopt a Comprehensive Plan Policy to
discourage private applications for future land use changes which increase allowable density and
intensity on lands in the Florida Keys; and
WHEREAS, the Monroe County Development Review Committee considered the
proposed amendment at a regularly scheduled meeting held on the 7th day of June, 2011; and
WHEREAS, at a regularly scheduled meeting held on the 18th day of October, 2011, the
Monroe County Planning Commission held a public hearing for the purpose of considering the
transmittal to the State Land Planning Agency a proposed amendment to the Monroe County
Year 2010 Comprehensive Plan and recommended approval of the amendment; and
WHEREAS, at a special meeting held on 13th day of February, 2012, the Monroe
County Board of County Commissioners held a public hearing to consider the transmittal of the
proposed amendment; and
WHEREAS, at a special meeting held on 130' 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 identified one
objection to the proposed amendment; and
WHEREAS, Monroe County has proposed one revision to the proposed amendment to
address the objection raised by the State Land Planning Agency.
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
stFislen dffeu and additions are underlined.)
Policy 101.4.20
In order to implement the Florida Keys Carrying Capacity Study, Monroe County shall
promote the reduction in overall County density and intensity and the preservation of Monroe
County's native habitat by enacting legislation which implements the following policy
statements for private applications for future land use may amendments which increase
allowable density and/or intensity. Private application(s) means those applications from
private entities with ownership of the upland development and parcel(s) of land or includes
private upland development on County -owned land.
Private applications requesting future land use map designation amendments received after
the effective date of this ordinance, which propose increases in allocated density
intensity shall be required to comply with either option (1) or (2) below:
(1) For every acre of land, and/or fractions thereof, where there is a request to increase
density and/or intensitLprivate applicant shall purchase and donate land that is a
minimum of twice the size of the parcel subject to the proposed request, which contains
non -scarified native upland habitat and/or undisturbed wetland habitat to Monroe County
for conservation. The following requirements apply:
• The donated land shall be designated as Tier I, Tier II or Tier III -A Special Protection
Area and be located on Big Pine Key/No Name Key or be within the same sub -area of
unincorporated Monroe County as the proposed increase in density and/or intensity.
• The land shall be inspected by the Monroe County Biologist to assure it is acceptable
for acquisition and donation.
• A restrictive covenant shall be recorded to extinguish the development rights on the
donated land.
• The Future Land Use May Designation for the donated land may be desi agn ted by the
County as Conservation (C).
(2) For each requested additional unit of density, a private applicant shall purchase and
donate a lot designated as Improved Subdivision (IS) district on the Land Use (Zoning)
District map which contain non -scarified native upland habitat and/or undisturbed
wetland habitat to Monroe County. The following requirements apply:
• Private applicants shall provide IS lots pursuant to a 1:1 (1 unit: 1 lot) ratio to
mitigate the request for increased allowable density, pursuant to option (a) or (b)
below:
(a) The donated IS lot(s) shall be designated as Tier I, Tier II or Tier III -A Special
Protection Area and be located on Big Pine Key/No Name Key or be within the same
sub -area of unincorporated Monroe County as the proposed increase in density.
• The IS lot(s) shall be inspected by the Monroe County Biologist to assure it is
acceptable for acquisition and donation.
• A restrictive covenant shall be recorded to extinguish the development righis on the
donated land.
• The Future Land Use Map Designation for the donated land may be designated ted by the
County as Conservation (C).
(b) The donated IS lot(s) shall be designated as Tier III, suitable for affordable housing
and must be within the same sub -area of unincorporated Monroe County as the
proposed increase in density.
• The IS lot(s) shall be dedicated to Monroe County for affordable housing_ projects.
For options (1) and (2) described above, 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 and services and available central wastewater facilities.
Example of
12 acres requesting a
Requires the donation of 24 acres of non -
Option 1
FLUM amendment to
scarified native upland habitat and/or
increase density and/or
undisturbed wetland habitat, designated as Tier
intensity
I, Tier II or Tier III -A.
(12 acres x 2 = 24 acres
Example of
20 acres with a total
(a) Requires the donation of 20 IS lots of non -
Option 2
allocated density allowing
scarified native upland habitat and/or
the development of 20
undisturbed wetland habitat, designated as Tier
units, requesting to
I, Tier II or Tier III -A; or
increase density to allow
(b) Requires the donation of 20 IS lots
40 units
designated as Tier III and suitable for affordable
housing.
(Increase of 20 units = 20 IS lots
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. Reveal 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. Filinp, and Effective Date. This ordinance shall be filed in the Office of the
Secretary of the State of Florida but shall not become effective until a notice is
issued by the State Land Planning Agency or Administration Commission finding
the amendment in compliance with Chapter 163, Florida Statutes and after any
applicable appeal periods have expired.
Section 6. Inclusion in the Comprehensive Plan. The numbering of the foregoing
amendment may be renumbered to conform to the numbering in the Monroe
County Year 2010 Comprehensive Plan and shall be incorporated in the Monroe
County Year 2010 Comprehensive Plan.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the day of , 2012.
Mayor David Rice
Mayor pro tem Kim Wigington
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Heather Carruthers
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
Mayor David Rice
MOLAR C UN TORNEY
A P 0 D AS TWFORM
Data:
Exhibit
ADMINISTRATION COMMISSION Z
Nit �
Rule No.: RULE TITLE �x� rn
-o
28-20.140: Comprehensive Plan �J
o tV
THE FULL TEXT OF THE PROPOSED RULE 1S: 6 . r-n
28-20.140 Comprehensive Plan.
(1) The Monroe County Comprehensive Plan Policy Document, as the same exists on January 1, 2011. is hereby
amended to read as follows:
Q) Policy 101.2.13 Monroe County Work Program Conditions and Objectives.
Ca) Monroe County shall establish and maintain a Permit Allocation System for new residential development.
The Permit Allocation System shall supersede Policy 101.2.1.
(b) The number of permits issued annually for residential development under the Rate of Growth Ordinance
shall not exceed a total annual unit cap of 197, plus any available unused ROGO allocations from a previous ROGO
year. Each year's ROGO allocation of 197 units shall be split with a minimum of 71 units allocated for affordable
housing in perpetuity and market rate allocations not to exceed 126 residential units per year. Unused ROGO
allocations may be retained and made available only for affordable housing and Administrative Relief from ROGO
year to ROGO year. Unused allocations for market rate shall be available for Administrative Relief. Any unused
affordable allocations will roll over to affordable housing. A ROGO year means the twelve-month period beginning
on July 13.
(, This allocation represents the total number of allocations for development that may be issued during_a
ROGO year. No exemptions or increases in the number of allocations may be allowed, other than that which may be
expressly provided for in the comprehensive plan or for which there is an existing agreement as of September 27
2005, for affordable housing between the Department and the local government in the critical areas.
(d) Through the Permit Allocation Systems, Monroe County shall direct new growth and redevelopment to
areas served or that.would_be served _by -a central sewer -system by December 2015_that has committed or planned
funding. Committed or planned funding is funding that is financially feasible and reflected in a Capital
Improvements Element approved by the Department of Community Affairs. Prior to the ranking and approval of
awards for an allocation authorizing development of new principal structures, Monroe County, shall coordinate with
the central wastewater facility provider and shall increase an applicant's score by four points for parcels served by a
collection line within a central wastewater facility service area where a central wastewater treatment facility has
been constructed that meets the treatment standards of Section 403.08600) F.S. and where treatment opaciiy is
available. The points shall only be awarded if a construction permit has been issued for the collection system and the
parcel lies within the service area of the wastewater treatment facility.
Q) Reporting and Oversight.
(a) Beginning November 30 2011 Monroe County and the Department of Community Affairs shall annual
report to the Administration Commission documentingthe he degree to which the work program objectives for the
work program year have been achieved. The Commission shall consider the findings and recommendations provided
in those reports and shall determine whether progress has been achieved. If the Commission determines that
progress has not been made, the unit cap for residential development shall be reduced by 20 percent for the
following ROGO year.
(h) If the Commission determines that progress has been made for the work program year, then the Commission
may restore the unit cap for residential development for the following year up to a maximum of 197 allocations per
ROGO Year.
(c) Notwithstanding, any other date set forth in this plan the dates set forth in the work program shall control
where conflicts exist.
(d) Wastewater treatment and disposal in Monroe Coun is governed by the requirements of Section
381.0065(4) and 403.08600), F.S. Nothing in this rule shall be construed to limit the authority of the Department of
Environmental Protection or the Department of Health to enforce Sections 381.0065(4) and 403 086(l0) F.S.
(4)_Policy 216.1.19. Hurricane Modeling_.
For the purposes of hurricane evacuation clearance time modeling purposes clearance time shall begin when the
Monroe County Emergency Management Coordinator issues the evacuation order for permanent residents for a
hurricane that is classified as a Category 3-5 wind event or Category C-E surge event The termination point shall be
U.S. Hrohway One and the Florida Turnpike in Homestead/Florida City.
O WORK PROGRAM.
(a, Canying Capacity Study Implementation.
I By July 1 2012 Monroe County shall adopt the conservation planning mapping (the Tier Zoning Overlay
Maps and System) into the Comprehensive Plan based upon the recommendations of the Tier Designation Review
Committee with the adjusted Tier boundaries.
By Julv 1, 2012, Monroe County shall adjust the Tier I and Tier ILIA (SPA) boundaries to more accumtel
reflect the criteria for that Tier as amended by Final Order DCA07-GM166 and implement the Florida Kegs
Carr ing Capacity Study, utilizing the updated habitat data and based upon the recommendations of the Tier
Designation Review Committee Work Group.
3_By July 1, 2012, Monroe County shall create Goal 106 to complete the 10 Year Work Proffam found in Rule
28-20.1 10, F.A.C., and to establish objectives to develop a build -out horizon in the Florida Keys and adopt
conservation planning mapping into the Comprehensive Plan.
4_By July ( 2012 Monroe County shall create Objective 106.2 to adopt conservation planning mapping Tier
MaDs) into the Monroe Comprehensive Plan based upon the recommendations of the Tier Designation Review
Committee. Work Group.
5. By July 1 2012 Monroe County shall adopt Policy 106 2 1 to require the preparation of updated habitat data
and establish a regular schedule for continued update to coincide with evaluation and appraisal report timelines
6--By July 1, 2012, Monroe County shall adopt Policy 106.2.2 to establish the Tier Designation Work Grou®
Review Committee to consist of representatives selected by the Florida Department of Community Affairs from
Monroe County, Florida Fish & Wildlife Conservation Commission United States Fish & Wildlife Service
Department of Environmental Protection and environmental and other relevant interests. This Committee shall be
tasked with the responsibility of Tier designation review utilizing the criteria for Tier placement and best available
data to recommend amendments to ensure implementation of and adherence to the Florida Keys C totr ing Capacity
Study_ These proposed amendments shall be recommended during 2009 and subsequently coincide with the
Evaluation and Appraisal report timelines beginning with the second Evaluation and Appraisal review which
follows the adoption of the revised Tier System and Maps as required above adopted in 2011. Each evaluation and
Wprais;tl report submitted following the 2011 evaluation and appraisal report shall also include an analysis and
recommendations based upon the process described above.
7. By July I, 2012 and each July thereafter, Monroe County and the Monroe County Land Authority shall
submit a report annually to the Administration Commission on the land acquisition funding and efforts in the Florida
Keys L� purchase Tier I and Big Pine Key Tier 11 lands and the purchase of parcels where a Monroe County building
ennit allocation has been denied for four (4) years or more The report shall include an identification of all sources
of fiends and assessment of fund balances within those sources available to the County and the Monroe County Land
Authority.
8_By July I , 2012, Monroe County shall adopt Land Development Regulations to require that administrative
relief _in_tile form of the issuance of a building permit is not allowed for lands within the Florida Forever targeted
acquisition areas or Tier I lands unless after 60 days from the receipt of a complete application for administrative
relief. _ it has been determined the parcel will not be purchased by any county state federal or any private entit.The
County shall develop a mechanism to routinely notify the Department of Environmental Protection of upcoming
administrative relief requests at least 6 months prior to the deadline for administrative relief
9. By July 1, 2012, in order to implement the Florida Keys CaMing+Capacity Study, Monroe County shall
adopt a Comprehensive Plan Policy to discourage private applications for future land use changes which'increase
allowable densitylintensity_
10. By July 1, 2011 Monroe County shall evaluate its land acquisition needs and state and federal funding
opRortUnities and apply annually to at least one state or federal land acquisition grant program
1 I. By July 1, 2012, Monroe County shall enter into a memorandum of understanding with the Department of
Community Affairs, Division of Emergency Management Marathon lslamorada Key West Key Colony Beach
and Lai ton after a notice and comment period of at least 30 days for interested parties The memorandum of
understanding shall stipulate, based on professionally acceptable data and analysis the input variables and
assumptions, including regional considerations, for utilizing the Florida Keys Hurricane Evacuation Model or other
models acceptable to the Department to accurately depict evacuation clearance times for the population of the
Florida Keys.
13, By July I, 2012, the Florida Keys Hurricane Evacuation Model shall be run with the agreed upon variables
from the memorandum of understanding to complete an analysis of maximum build -out capacity for the Florida
Keys Area of Critical State Concern consistent with the requirement to maintain a 24-hour evacuation clearance
time and the Florida Keys Carrying Capacity Study constraints This analysis shall be prepared in coordination with
the nepartment of Community Affairs and each municipality in the Keys
13._ByJuly I, 2012, the County and the Department of Community Affairs shall update the data for the Florida
Kq s Hurricane Evacuation Model as professionally acceptable sources of information are released (such as the
Census, American Communities Survey. Bureau of Economic and Business Research, and other studies). The
Counter _shall also evaluate and address appropriate adjustments to the hurricane evacuation model within each
Evaluation and Appraisal Report.
14. By July 1, 2012, the Department of Community Affairs shall apply the derived clearance time to assess and
determine the remaining allocations for the Florida Keys Areas of Critical State Concern The Department will
recommend appropriate revisions to the Administration Commission regarding the allocation rates and distribution
of allocations to Monroe County Marathon, Islamorada Key West Layton and Key Colony Beach or identify
alternative evacuation strategies that support the 24 hour evacuation clearance time If necessary, the Department of
Community Affairs shall work with each local government to amend the Comprehensive Plans to reflect revised
allocation rates and distributions or propose rule making to the Administration Commission.
15. By July 1, 2013, if necessary, the Department of Community Affairs shall work with each local govemment
to amend the Comprehensive Plan to reflect revised allocation rates and distribution orproMse rule making to the
Administration Commission.
(b) Wastewater Implementation.
1. By July 1, 2011, Monroe County shall annually evaluate and allocate funding for wastewater implementation
Monroe County shall identify any funding in the annual update to the Capital Improvements Element of the
Comprehensive Plan.
2. By December 1, 2013, Monroe County shall work with the owners of wastewater facilities and onsite system
throughout the County and the Department of Health (DOH) and the Department of Environmental Protection
(DEP) to fulfill the requirements of Sections 403.086(10) and 381.0065(3)(h) and (4)(1) F S regarding
imp ementation of wastewater treatment and disposal. This will include coordination of actions with DOH and DEP
to notif, owners regarding systems that will not meet the 2015 treatment and disposal standards
3_By July I, 2011, Monroe County shall annually draft a resolution requesting the issuance of $50 million of
the $200 million of bonds authorized under Section 215.619, F.S., and an appropriation of sufficient debt service for
those bonds, for the construction of wastewater proiects within the Florida Keys.
a_By July 1, 2011, Monroe County shall develop a mechanism to provide accurate and timely information and
establish the County's annual funding allocations necessaa to provide evidence of unmet funding needs to support
the issu rote of bonds authorized under Section 215.619 F.S. and to assure the timely completion of work as
necessary to fulfill any terms and conditions associated with bonds.
�_B\_July I, 2011, Monroe County shall evaluate its wastewater needs and state and federal funding
opportunities and apply annually to at least one state or federal grant program for wastewater projects and
Connections.
6_By July 1201 1 Monroe County shall develop and implement local funding programs necessary to timely
fund wastewater construction and future operation, maintenance and replacement of facilities.
7_By December 12013 the County shall provide a report of addresses and the property appraiser's parcel
numbers of any property owner that fails or refuses to connect to the central sewer facility within the required
timeframe to the Monroe County Health Department Department of Environmental Protection and the Department
of Community Affairs. This report shall describe the status of the County's enforcement action
(c) Wastewater Project Implementation.
L Ke,, Largo Wastewater Treatment Facility. Key Largo Wastewater Treatment District is responsible for
wastewater treatment in its service area and the completion of the Key Largo Wastewater Treatment Facility.
a. By July 1, 2012, Monroe County shall complete construction of the South Transmission Line-,
b_By July 1, 2013, Monroe County shall complete design of Collection basin C. E. F. G. H. I J. and K•
c. By July I. 2012, Monroe County shall complete construction of Collection basins E-H•
d_By December 1, 2011, Monroe County shall schedule construction of Collection basins I-K•
e. By Julv 1, 2011, Monroe County shall complete construction of Collection basins I-K•
f_B� July—) 2011, Monroe County shall complete 50% of hook-ups to Key Largo Regional WWTP•
.. By July 1, 2012, Monroe County shall complete 75% of hook-ups to Key Largo Regional WWTP-
h_B- July I, 2013, Monroe Coumv shall complete all remaining connections to Key Largo Regional WWTP
Hawk's Cay, Duck Key and Conch Key Wastewater Treatment Facility.
a_B,,,_.luly 1, 2012, Monroe County shall complete construction of Hawk's Cay WWTP upgrade/expansion,
transmission, and collectionsystem;
b: B�JuIv 1. 2013, Monroe County shal I complete construction of Duck Key collection system;
c. By July 1. 2012, Monroe County shall initiate property connections to Hawk's Cay WWTP
d. By December 1, 2012, Monroe County shall complete 50% of hook-ups to Hawk's Cay WWTP;
e. By July 12013 Monroe County shall complete 75% of hook-ups to Hawk's Cay WWTP; and
f. By JLIIY 1, 2014, Monroe County shall complete all remaining connections to Hawk's Cay WWTP.
South Lower Keys Wastewater Treatment Facility (Big Coppitt Regional System).
a. By July 1, 012, Monroe County shall complete 75% hookups to South Lower Keys WWTP,• and
h, By July 1, 2013, Monroe County shall complete all remaining connections to the South Lower Keys WWTP.
.4. Cudioe Regional Wastewater Treatment Facility.
a-, By July 1, 2011. Monroe County shall complete planning and design documents for the Cudioe Regional
Wastewater Treatment Facility, the Central. Area (Cudioe, Summerland, Upper Sugarloaf) collection system and the
Central Area Transmission Main,
b. By October 1, 2012, Monroe County shall initiate construction of Wastewater Treatment Facility_ , Central
Area Collection System and Central Area Transmission Main,•
c. By July 1, 2014, Monroe County shall initiate construction of Wastewater Treatment Facility, Central Area
Collection System and Central Area Transmission Main•, and
d. By February 1, 2012, Monroe County shall complete construction of Wastewater Treatment, Outer Area
Collection System and Transmission Main;
e.Bv February 1, 2015, Monroe County shall complete construction of Outer Area collection and transmission
main:
-f. By July 1, Monroe County shall initiate property connections — complete 25% of hook-ups to Cudioe
Rg_gp-pl WWTP
_By July 1. 2015, Monroe County shall complete 501/o.of hook-up to Cudioe Regional WWTP; and
h. Bv December 1, 2015, Monroe County shall complete remaining hook-ups to Cud joe Regional WWTP.
(dLStormwater Treatment Facilities.
1. By July 1, 2011. Monroe County shall evaluate and allocate funding for stormwater implementation. Monroe
CoLjt?!y. shall identify any funding in the annual update to the Capital Improvements Element of the Comprehensive
Plan.
'..By July 1, 2011, Monroe County shall apply for stormwater grants from the South Florida Water
Management District.
8� July 1, 2011, Monroe County shall complete Card Sound Road stormwater improvements.
Rulernaking Authority 380.0552(9),380.05(22)FS. Law Implemented 380.0552 FS. History —New
STATE OF FLORIDA
Office of the Oo ernor
THE CAPITOL
TALLAHASSEE, FLORIDA 323994)01
www•flgov.com
CHARLIE CRIST
850-488-7146
GOVERNOR
850-487-080Ifax
October 30, 2008
Honorable Mario Di Gennaro, Mayor
Monroe County
Florida Keys Marathon Airport
9400 Overseas Highway
Suite 210
Marathon, Florida 33050
Dear Mayor Di Gennaro:
For many decades, the Florida Keys Area has been recognized as a significant
Florida resource for its environmental, natural, and historical characteristics. The Florida
Keys designation as an Area of Critical State Concern and the 10-year Work Program
have served as critical steps toward protecting water quality, habitat areas, and citizen
safety. It is through our continued partnership with county, state, and federal government
principals that our goals for sustaining this valuable resource can be achieved.
Enclosed are the actions taken by the Commission at the October 28, 2008,
meeting. These include the 30-Day Report as required by section 380.0552(4)(a), Florida
Statutes, and the Final Order granting Monroe County's Petition for Variance from or
Waiver of 20 Percent Rate of Growth Ordinance Allocation Reduction. Additionally, the
Commission adopted the following directive to state agencies:
"The Commission directs the Departments of Community Affairs,
Environmental Protection, and Transportation to work with Monroe
County and other state and federal entities as part of a working group to
help develop strategies to secure protection of environmentally sensitive
lands through local, state and federal programs. Furthermore, the
Commission directs the Department of Community Affairs to assist
Monroe County in its efforts to secure legislation to amend section
380.0552(4), FS. The purpose of the legislation is to provide a process for
the removal of the Florida Keys Area of Critical State Concern
designation that recognizes the current status of the Work Program tasks
and provides a process for completion of additional tasks necessary for
removal of the designation, including those related to the protection of
environmentally sensitive lands and affordable housing."
U071971
October3O,2008
Page Two
In the next few weeks, the Commission will initiate rulemaking to update and
establish the expectations for completion of the Work Program tasks. The Commission
welcomes your input and participation in this process as we expect this to be a
collaborative effort with Monroe County.
The Commission appreciates your continued commitment and service to the
public in meeting the objectives of the Area of Critical State Concern designation.
Should you have any questions regarding the 30-Day Report or the proposed rule and
rulemaking process, please contact Lisa Saliba at (850) 487-1884.
Sincerely,
/� 'Y14
k4
McD i
Enclosures
cc: Members of the Administration Commission
Secretary Thomas G. Pelham, Department of Community Affairs
Secretary Michael W. Sole, Department of Environmental Protection
Secretary Stephanie Kopelousos, Department of Transportation
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STATE OF FLORIDA Exhibit 3
y�zOffice of the 0alienter
� R
a THE. i APITOL
1ALLANi.ORIDA 32394-M)I
G9D WE -
www.fl- eom
CH A R LI F CR iST GOVERNOR 850-488-71 16
850-487-0801 fax
December 17, 2009
The Honorable Sylvia Murphy, Mayor
Monroe County
Murray E. Nelson Government &
Cultural Center
102050 Overseas Highway
Suite 234
Marathon, Florida 33037
Dear Mayor Murphy:
The Florida Keys Area has been recognized as a significant Florida resource for its
environmental, natural, and historical characteristics. The designation as an Area of Critical
State Concern and the 10-year Work Program in Administration Commission Rule 28-20.110,
FAC, have served as critical steps toward protecting water quality, habitat areas, and citizen
safety in the Florida Keys. It is through our continued partnership with county, state, and federal
government principals, and environmental and citizen organizations, that our goals for
sustaining this valuable resource can be achieved.
Enclosed are the actions taken by the Commission at the November 17, and December 8, 2009,
meetings. These include the 30-Day Report as required by section 380.0552(4)(a), Florida
Statutes, and the Final Order issued on December 10, 2009, granting Monroe County's Petition
for Variance from or Waiver of 20 Percent Rate of Growth Ordinance Allocation Reduction.
During the reporting process, the Department of Community Affairs and the County proposed
changes to the Work Program Tasks. These changes will be considered for inclusion in the
Administration Commission rule subsequent to legislative action on the consensus legislation
presented to the Commission on December 8, 2009.
The Commission appreciates your continued commitment and service to the public in meeting
the objectives of the Area of Critical State Concern designation. Should you have any questions
regarding the 30-Day Report, please contact Lisa Saliba at (850) 487-1884.
Sincerely,
4�'
Jerry L. McDaniel, Secret
Administration Commission
JLM/Is
Enclosures
December 17, 2009
Page Two
cc: 1,Tiembers of the Administration Commission
Secretary Thomas G. Pelham, Department of Community Affairs
Secretary Michael W. Sole, Department of Environmental Protection
Secretary Stephanie Kopelousos, Department of Transportation
State Surgeon General Ana M. Viamonte Ros, Department of Health
L
g STATE OF FLORIDA Exhibit 4
Offire of the gobernar
- THE f' 4PITOL
m,t IALLAH4;SEL•. FLORIDA 32399-(n)ftl
www.fl-OV.com
CHARLIE GRIST
GOVERNOR $50-488-7146
850-487-0801fax
December 30, 2010
Honorable Heather Carruthers, Mayor
Monroe County
530 Whitehead Street
Key West, Florida 33040
Dear Mayor Carruthers:
The Florida Keys Area has been recognized as a significant Florida resource for its
environmental, natural, and historical characteristics. The designation as an Area of Critical State
Concern by the Florida Legislature and the 10-year Work Program in Administration Commission Rule
28-20.110, FAC, have served as critical steps toward protecting water quality, habitat areas, and citizen
safety in the Florida Keys. It is through our continued partnership with county, state, and federal officials
as well as environmental and citizen organizations, that the goals for sustaining this valuable resource
can be achieved.
Enclosed are the actions taken by the Commission at the December 7, 2010, meeting. These
include the 30-Day Report as required by section 380.0552(4)(a), Florida Statutes, and the approved
proposed rule language for Monroe County.
The Governor and Cabinet in their capacity as the Administration Commission, appreciate your
participation at the December meeting, your support for the staff recommendation and your continued
commitment and service to the public in meeting the objectives of the Area of Critical State Concern
designation. Should you have any questions regarding the 30-Day Report, please contact Barbara
Leighty at (850) 487-1884.
JLM/bl
Enclosures
cc: Members of the Administration Commission
Secretary Thomas G. Pelham, Department of Community Affairs
Secretary Mimi Drew, Department of Environmental Protection
Secretary Stephanie Kopelousos, Department of Transportation - - -
State Surgeon General Ana M. Viamonte Ros, M.D., M.P.H., Department of Health
Rick Scott
GOVERNOR DE�w
FLORIDA DEPARTMENTof
ECONOMIC OPPORTUNITY
May 4, 2012
The Honorable David Rice
Mayor, Monroe County Board of County Commission
9400 Overseas Hwy, ##210
Marathon Airport Terminal
Marathon, FL 33050
Dear Mayor Rice:
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 163.3184(2) and (4), Florida Statutes (F.S.), for compliance
with Chapter 163, Part II, 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.
i
The County should act by choosing to adopt, adopt with changes, or not adopt the 1
proposed amendment. Also, please note that Section 163.3184(4)(e)I F.S., provides th
180 days of your receipt of
at if the
second public hearing is not held and the amendment adopted within
agency comments, the amendment shall be deemed withdrawn unless extended by agreement
with notice to the state Iand 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 OpportunityTheCaldwell Building "107 E. Madison Street Tallahassee, FL 32399-4120
866 FLA.2345 850.245.7105 850 921 3223 Fax www.Fiorid_ aJobs_ oro www tnritter com/Ft nEO
An equal opportunity employer/program. Auxiliary aids and services are available u oindividuals with
th disabilities.
is k.comsFLDEO
telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service ati 7vo
11 e
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. etton cudeo.m florida.com.
Sincerely,
A C7
Mike McDaniel, Chief
Bureau Of Community Planning
I&M
Enclosures: objections, Recommendations and Continents Report
Review Agency Comments
Adoption Procedures
cc: Christine Hurley, Growth Management Director
Mr. Jarnes F. Murley, Executive Director, South Florida Regional Planning Council
Florida De artment 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 arawww.twitler.cam/FLDEC7 M8—W-fecetLook.co0IEL.DFO
An equal opportunity employer/program. 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 TTYfTDL) equipment via the Florida Relay Service at 71
STATE LAND PLANNING AGENCY
117i[�)► : ► 1
May 4, 2012
RECOMMENDATIONS AND COMMENTS REPORT
FOR MONROE COUNTY
PROPOSED COMPREHENSIVE PLAN AMENDMENT
(DEO NO.
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 1 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.
COMMENTS
A. Receipt of Comments from external Agencies
B. Citizen comments
Jetton, Rebecca
From: Demes, Ron A CIV CNRSE, NO2 (ron.demes@navy.mill
Sent: Monday, April 02, 2012 11:16 AM
To: Hurley -Christine
Cc: Jetton, Rebecca; Santamaria-Mayte; Schwab-Townsey
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.ietton(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.demesj@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:Hurley-Christine(@MonroeCounty-FL.Gov]
> Sent: Monday, April 02, 2012 11:01
> To: Demes, Ron A CIV CNRSE, NO2; Tezanos-Mayra; Schwab-Townsley; Santamaria-Mayte
> Cc: imurleyi@sfrpc.com; rebecca.iettonODEO.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
z
> Thank you
> Christine Hurley
> Sent from my iPhone
> On Mar 30, 2012, at 3:32 PM, "Demes, Ron A CIV CNRSE, NO2" <ron.demes(lnnavy.mil> wrote:
Mr. Murley and Ms. Jetton:
>> As the representative of Naval Air Station Key West acting on behalf of
i
>> the military installations within Monroe County jurisdiction and
>> representing the Military interests as the ex-officio member of the
>> Monroe County planning commission and representative at DRC & BOCC
>> meetings, I am writing this email to document our objection to the comp
>> plan amendment on transmitting a proposed ordinance that revises Policy
101.4.5 Mixed Use/commercial (MC) Future Land Use Map (FLUM) category
>> description and amends Policy 101.4.21 to assign the Maritime Industries
>> (MI) Zoning District to the MC FLUM Category and amends the maximum net
>> density range and the maximum intensity range for the MC FLUM category
>> and clarifies the footnotes within the table.
>> I have voiced this objection at the Development Review Committee and
>> Planning Commission meetings regarding the proposed designation changes.
>> Our primary objection to the proposed amendment is to the significant
>> increase in residential type density that would be allowed under this
>> amendment in lands proximal to Naval Air Station Key West such as areas
>> of Noise Zones 65 DNL and higher. The current designation only allows
>> for a maximum density of 2 dwelling units per acre and zero transient
>> units. This change will allow for a 900% increase in residential
>> dwelling units and an infinite increase on transient units. We find this
>> contrary to FL statutes set to protect military interests in the State
>> of Florida.
>> As set for the in FS 163.3175(2), Naval Air Station Key West, associated
>> with Monroe County, is designated a major military installation and due
>> to its mission and activities, has a greater potential for experiencing
>> compatibility and coordination issues than others. Accordingly, FS
>> 163.3177(6)(a) relates to establishing compatible land use for such
>> bases with specific governments in proximity to and in association with
>> the specific military installations like NAS Key West. This amendment
>> inadequately addresses the Navy's concerns regarding the objections
>> brought out in the DRC and Planning commission. Upon unanimous denial of
>> this proposed FLUM designation change, we did not believe this would go
>> forward.
>> Additionally, we find this proposed amendment inconsistent with FS
>> 380.0552(7) and specifically principle (h) "to protect the value,
>> efficiency, cost effectiveness and amortized life of existing and
>> proposed public investments including: .....4. Key West Naval Air
>> Station and other military facilities."
>> A proposed solution could entail the county agreeing to no increase in
>> residential/transient density within the 65 DNL noise contours based on
>> the current 2007 AICUZ study.
>> Naval Air Station Key West looks forward to continuing dialog to resolve
>> this extremely important issue that is critical to our mission
>> sustainability.
>> V/r, Ron Demes
>> R. A. DEMES
>> Executive Director/Business Manager
>> Naval 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 Cell
>> mailto:ron.demesOnavy.mil
Fforida Fish
and Wildlife
Conservation
Commission
Commissioners
Kathy Barco
Chairman
Jacksonville
Kenneth W. Wright
Vice Chairman
Winter Park
Ronald M. Bergeron
Fort Lauderdale
April 6, 2v2
Mr. Ray Eubanks
Department of Economic opportunity
Division of Community Development
107 East Madison Street, MSC-160
Tallahassee, FL 323994120
delpextemalagencvcomments<cudeo 1rlyflorida com
gece
ApR_%101
nun0ty
is ®nQo
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cOmmun0 (J Phan ier9
9`,4 U °f comntua+t'1
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
mTampa of Critical State Concern (ACSC), which includes environmental or natural resources of regional
lm kalee 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. Yablonskl 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
Chief off Staff
Karen Ventimiglia 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
pec+es ccns brtiatia forward to continuing this partnership. We also appreciate the opportunity to review the
Eric Sutton, Director proposed amendments and would like to extend this offer to the County's staff for future
5ass-coordination on Comprehensive Plan Amendment activities. If you or your staff needs further
(850) s21-7793 FAx ) ( assistance, please do not hesitate to contact Jane Chabre at 850-410-5367, or
7s3
FWCConservationPlanliin Services OM FWC.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. Shenherd@MyFWCcom.
Managing fish and wildlife Sincerely,
resources for their long-term
well-being and the benefirLj
of people.
620 South Meridian Street Bonita am, Program Administrator
Tallahassee, Florida Office of Conservation Planning Services
32399-1600
Voice: (850) 4884676
bg//bs
Hearing/speech-impaired: ENV 2-3-3
(800) 955-8771(T) Monroe County 12-2AC.SC 16011 040612
(800) 955-8770 (V)
MyFWC.com
cc: Mayte Santamaria
Monroe County Planning and Environmental Resources
santamaria-mayte(a-j,monroecounty-tl.gov
Terry Manning
South Florida Water Management District
!MAaniRA6uasfwmd. Lyov
Jim Quinn
Florida Department of Environmental Protection
ji,ni.quinnCai,dep.state.flAIS
Rachel M. Kalin.
South Florida Regional Planning Council
rkalin&fjpc,com
Wendy Evans, Administrative Assistant 11
Department of Agriculture and Consumer Services
wend y.eyansLqHreshfromfIorida.com
South
Florida
Regional
Planning
Council
DATE- APRIL 2,2012
TO: COUNCILMEMBERS
FROM: STAFF
SUBJEC"f: LOCAL GOVERNMENT COMPREHENSIVE PLAN PROPOSED AND ADOPTED
AMENDMENT CONSENT AGENDA
Pursuant to Section 163.3184, Florida Statutes, Council review of amendments to local govermnme
comprehensive plans is limited to 1) adverse effects on relponal.
Strategic Regional Policy Plan for South Florida (SRPP) and 2) extrajurisdictional impacts that would
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 Statut
is to be provided to the local government and the State Land PhyAlrqw�jgyjk��f S&affw 4,
receipt ot the amendment. -eys.
Staff analysis confirms that the proposed and/or adopted amendments identified in the Table below
generally consistent with and supportive of the Goals and Policies of e S PP A ached re the p a
amendment review forms that will be sent to the local government an th R - tt a se ar te
d State Land Planning Agency.
If adopted the PrOPosed(founcil �Review Date and
"The amendment is not required to be reviewed at
RecomMendation
N/ A; not applicable
Find the proposed and/or adopted plan amendments from the local governments of Monroe County
Southwest Ranches, Broward County, and Oakla d Park generally co Y
ft•nsistent with the Strategic
lm"� I&ILE sm, g1grgm, im
ftil��--WZEUUMWM 11-1 W 11 11 . 4 .9 if
ZZAPI-M, 11W.Um. E
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, II, Ill and III -A lands.
2. Discourage Increases in Density and Intensity (Resolution 21-2012)
New Policy 101.4.20 would discourage private application for future land use changes that increase
allowable density and intensity and further preserve the native habitat of the County, implementing the
Florida Keys Carrying Capacity Study and Rule 28-20.110 and 28-20.140 of the Florida Administration
Code (F.A.C.).
The definition for "private application' would be applications from private entities with ownership of the
upland development and parcel(s) of land or includes private upland development on County -owned
land. Those private applicants requesting FLUM amendments shall be required to comply with either of
the following:
1. For every acre of land for which there is a request to increase density and/or intensity, the
applicant shall purchase and donate-2 acres of land that contain non -scarified native upland habitat
and/or undisturbed wetland habitat to Monroe County for conservation (specific requirements shall
apply).
2. For each requested additional unit of density, the applicant shall purchase and donate a lot
designated as Improved Subdivision (IS) district on the Land Use (Zoning) District map that contain
non -scarified native upland habitat and/or undisturbed wetland habitat to Monroe County (Specific
requirements shall apply).
The parcelwhichis 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 Ill -A
(Special Protection Area) parcels.
The Tier system is used for purposes of land acquisition and smart growth initiatives. Tier I are Natural
Areas, Tier 11 are Transition and Sprawl Reduction Areas on Big Pine and No Name Keys, Tier III are
Infill Areas, and Tier III -A are Special Protection Areas. Currently protective criteria for wetlands are not
addressed.
4. Tier Re -designation for 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 2&-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.
VhP�E�;Mq,1,�
�c �m
D L
SOS i.na�y,��
SOUTH .FLORIDA WATER MANAGEMENT DISTRICT
March 20, 2012
Mr. Ray Eubanks
Administrator, Plan Review & Processing
Department of Economic Opportunity
Division of Community Planning and Development
107 East Madison Street
Tallahassee, Florida 32399-4120
Dear Mr, Eubanks:
Subject: Monroe County, Amendment #12-2ACSC
Comments on Proposed Comprehensive Plan Amendment
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 tmanningCc)-sfwmd gov.
Sincerely,
1
Rod A. Braun
Director
Office of Intergovernmental Programs
RB/tm
c: Christine Hurley, Monroe County
Rebecca Jetton, DEO
Rachel Kalin, SFRPC
3301 Gun Club Road, West Palm Beach, Florida 3,'i406 • (561) 686-8800 ® FL WATS 1-800-432-2045
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 • www.sfurmd.gov
Florida Department of Gfivec°�t
C���eerrior
Environmental Protection Jennifer Carroll
Marjory Stoneman Douglas Building LL Governor
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000 Herschel T. Viiiyard, Jr.
Secretary
April 5, 2012
Mr. Ray Eubanks
Plan Review Administrator\�``,L
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 Departments jurisdiction.
Thank you for the opportunity to comment on the proposed amendment package. Should
you have any questions or require further assistance, please call me at (850) 245-2169.
Sincerely,
Chris Stahl
Office of Intergovernmental Programs
RICK SCOTT
GOVERNOR
Florida Department of Transportation
1000 NW 111 Avenue
Miami, Florida 33172-5800
April 3, 2012
Ray Eubanks, Plan Processing Administrator
Department of Economic Opportunity
Community Planning and Development
107 East Madison Street
Caldwell Building, MSC 160
Tallahassee, Florida 32399
ANANiTH PRASAD, P.E.
SECRETARY
Subject: Comments for the Proposed Comprehensive Plan Amendment,
Monroe County, #12-2ACSC
Dear Mr. Eubanks:
The Florida, Department of Transportation, District Six, completed a review of the
Proposed Comprehensive Plan Amendment, Monroe County, #12-2ACSC. The
District reviewed the amendment package per Chapter 163 Florida Statutes and
found that one of the proposed amendments has the potential to adversely impact
transportation resources and facilities of state importance. Below are general
planning comments for the County's consideration. Please contact Ken Jeffries at
305-470-5445 if you have any questions concerning our response.
• FDOT advises the County to provide data and analysis for the potential
impacts of Resolution Number 025-2012 on State roadways. Specifically, the
potential for Mixed Use/Commercial properties to rezone to Maritime
Industries and develop at a higher intensity should be analyzed.
• Alternatively, if the County does not wish to increase the potential amount of
development allowed under Mixed Use/Commercial, it is recommended that
the County limit the maximum intensity of development under Mixed
Use/Commercial to 0.45 FAR (the existing maximum intensity) for all zoning
designations.
Sincerely,
ljli�� ,�e
"
Phil Steinmiller
District Planning Manager
I....... A-4 ...6-L- II ..-
April 3, 2012
Page 2of2
Cc: Harold Desdunes, PE, Florida Department of Transportation, District 6
Aileen Boucle, AICP, Florida Department of Transportation, District 6
Christine Hurley, Monroe County
Mayte Santamaria, Monroe County